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Home My WebLink AboutProject PacketI ~ .ffo&t.S t~ 6~ GJ./~ lA.I t n? i:flS (cUAfl.-L-t12 ·) ~ J) --'~ ~ µ~ --------. C., ~G.S -(111> CA.:>Ao .---=ol'J vF rt=/~ r/~T '?- 4->t W H--i ct---t JW0t,. 6,R__ S 1H D -l D Q ,· t/ e ~ ~OU.6/·t - -b fVL,c"fv'-. 1Vt$l,~f\.6. ------- ----- I 11 --! I I -----I I -------------- -~ • .. ----- ------r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 13, 2007 7:00 o'clock p.m. (Highway 12Roundabout, Continued) Eyler stated the current traffic volume through this area during rush hour is approximately 1575 eastbound and 600 westbound in the morning. In the evening the eastbound traffic volume during rush hour is 950 and westbound is 1130 . In the year 2015, Mn/DOT is predicting morning and evening traffic will be approximately 2100 vehicles. Eyler stated it is likely that, at some point in the future, the traffic volumes on Old Highway 12 will rise back to the levels it is currently at today. Eyler stated the estimated cost of the roundabout is approximately $250,000 and would provide good overall traffic safety in the area. The roundabout at the existing intersection would have two lanes each way for mainline and single lane for side streets. There would be frontage roads on both the north and south side of the road and there does not appear to be any need to accommodate for pedestrian movement. Mn/DOT is currently looking at constructing a single lane roundabout with possible future expansion to two lanes . Eyler stated one of the concerns they have with the project is the fact that Mn/DOT is proposing to go down to one lane access from Wayzata Boulevard onto Old Highway 12, which could cause traffic to back up on Wayzata Boulevard. Eyler presented a computer simulation of the operation of the roundabout using the projected 2015 traffic volumes. The simulation showed the roundabou can accommodate the peak hour traffic without significant traffic back-ups. White stated the City has had a meeting with the Mn/DOT engineer for this project and that the roundabout is more expensive than a stoplight but that the roundabout provides better safety and traffic flow . White stated the City would continue to monitor the progress being made on this project. PLANNING COMMISSION COMMENTS -MICHELLE WINER Winer stated she had nothing to report but would be available for questions. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 3. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALD UR PARK ROAD -VARIAN CE -RESOLUTION NO. 5645 Rahn stated he asked that this item be taken off the Consent Agenda because he is not in support of the project since the design maxes out the hardcover on the lot and gives the appearance of a great deal of massrng. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5645, a Resolution Granting Variances for the Property Located at 1404 Baldur Park Road. VOTE: Ayes 4, Nays 1, Rahn Opposed. PAGE: 2 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Vogue ICF Homes 8219 Cleary Court Inver Grove Heights MN 55076 ZONING FILE #07-3266 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 10, 2007 COPIES: Benjamin & Karen Milbrath PO Box 1133 Spokane WA 99210 TYPE OF APPLICATION: Lot Width and Area Variances Hardcover Variance DATE OF MEETING: July 9, 2007 VOTE: 4 FOR 0 Motion: To table to allow redesign of the house to reduce its height and mass. If you wish to be on the July 23, Council agenda submit your plans by July 16. AGAINST If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (4. DAKOTA RAIL CORRIDOR DRIVEWAY EASEMENT-ASSESSMENT HEARING, Continued) McMillan inquired whether the City has received any objections from any of the seven property owners. Moorse stated to his knowledge the City has not received any objections to the assessment. White thanked the property owners for attending tonight's meeting and stated he is thankful the situation has been resolved. a. ADOPT ASSESSMENT ROLL -RESOLUTION NO. 5638 McMillan moved, Rahn seconded, to adopt RESOLUTION NO. 5638, a Resolution Adopting the Dakota Rail Driveway Easement Assessment Roll. VOTE: Ayes 4, Nays 0. b. APPROVE ACQUISITION OF EASEMENT FROM HENNEPIN COUNTY McMillan moved, Rahn seconded, to approve the acquisition of the driveway easement from the Hennepin County Regional Railroad Authority at a cost of $84,875.00. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS-JAYE ANN ZULLO, REPRESENTATIVE Jaye Ann Zullo stated she had nothing to report but would be available for questions . PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT 5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD -VARIANCE John Vogstrom, Vogue ICF Homes, was present. Turner stated the applicant is requesting lot width and lot area variances. A hardcover variance is also being requested to allow 16.07 percent hardcover in the south 0-75 foot zone when 0 percent is allowed and 43 .68 percent hardcover in the 75-150 foot zone when 25 percent is allowed. Council tabled this application on June 11 and directed the applicant to resolve the drainage issues. Those issues have been resolved. The applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to the west. PAGE 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Turner stated the design of the house has also been changed since June 11 th . Turner stated the roof of the new design cannot be neatly categorized. The center 12 feet is virtually flat and on either side of the residence is a pitched roof. There are two shed dormers on each side. The east side has a third shed dormer located over the stair. Staff was unclear how to measure the defined height of the property roof. Under the builder's interpretation of the City's building height requirements, he measured the height of the structure at 30 feet by using the pitched roof definition. If the roof is considered a flat roof, then the defined height (existing grade to cornice) is 32 feet, which is two feet more than the maximum. If the roof is considered a pitched roof, then the defined height ( existing grade to half-way between the highest point of the roof and the top of the highest window) is 30 feet. Staff recommends measuring the height of the building as a flat roofed building. Turner stated height is a way of regulating mass and that the mass of this building is greater than that of one with a gable roof. The proposed roof is similar to a mansard roof but with gable ends rather than a pitched roof on all four sides. If this were a mansard roof, the height would be measured to the flat portion of the roof. The Planning Commission on April 16, 2007, voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The applicant has revised the site plan and now satisfies this condition. The new design includes four more dormers than the prior design, which does not comply with the direction given to the applicant bythe Planning Commission. The original design included dormers and all but the one dormer over the stairway were removed at the request of the Planning Commission to reduce the mass of the building. Staff recommends the applicant return to the prior design. Bremer requested the language on page two of the Planners Report regarding the change that is needed to satisfy the definition of half-story be clarified. Turner pointed out the dormer over the center of the house and noted that the maximum height of a side wall can only be three feet. In order to be defined as a half story, the side wall can only be three feet. The proposed wall is six feet, which would need to be lowered. Bremer inquired whether the plans satisfy the other requirements of the half-story ordinance. Turner stated it does. Rahn commended Staff for their review of the hardcover on this lot and the neighborhood, and that he would not be opposed to the lot area, lot width, and hardcover variances. Rahn stated he is not in favor of the style of the house given the amount of massing on the site. Rahn stated in his opinion the height should be measured from the flat area of the roof. Bremer inquired why this is not considered a fancy mansard roof. Turner stated technically a mansard roof has to have the pitch of the roof going all the way around it and that technically this is not a mansard roof. PAGE4 oflS MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (5. #07-3266 VOGUE /CF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Rahn stated technically a mansard roof has two slopes on top. Rahn commented the structure has the appearance of a three-story house given the style of the roof. McMillan stated in her opinion it is a flat-roofed house, and as such, it is too high and does not meet the City's height limit. White concurred that the style of the roof does add to the massing. White noted the applicant was directed by the Council to reduce the hardcover to less than 35 percent, which has not been done. Vogstrom noted the house has been pushed back five feet further from the lake, which only eliminated 40 square feet of hardcover out of the driveway. Vogstrom noted the size of the footprint is minimal at 1805 square feet and that he has attempted to reduce the hardcover as much as possible. Vogstrom commented he has attempted to comply with the City's directions but that he is limited with what he can do. Vogstrom noted the center dormer is over a stairway and that he needs the six-foot side wall to allow access to that story. V ogstrom indicated he would be willing to reduce the size of the other dormers and look at lowering the roof. McMillan stated the design of the structure is up to the applicant and that the Council has given the applicant direction on what they would like to see as it relates to hardcover and massing. Bremer noted there is another house in the City that had a similar problem with the dormers and that their stairs were located more in the middle of the house rather than on the outside. Rahn stated he would like to see some changes from the fascia to the peak of the roof. Rahn stated it is apparent that the applicant wants to max out the upper level, which adds to the massing. Vogstrom stated he would revise his plans to better comply with Council's direction. Bremer thanked the applicant for resolving the drainage issues. Rahn stated in his opinion the two 0-7 5 foot zones does create a hardship on this lot. Vogstrom noted the lake is on both sides of the property, which does create a hardship. White inquired whether a patio is planned for the one end of the house. Vogstrom stated there is not and that those are simply two picture windows. Bremer commented that massing on a lot creates a lot of issues ranging from visual impact to water runoff and that the applicant will need to look at how to reduce the mass of the structure. Rahn moved, McMillan seconded, to table Application #07-3266 Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road. VOTE: Ayes 4, Nays 0. PAGE 5 of15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 9, 2007 7:00 o'clock p.m. (5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) JeffUklu, 1416 Baldur Park Road, noted this is the third meeting he has attended with regard to this application and that in his view the builder has not addressed the issues adequately. Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for their efforts on the other two houses on Baldur Park Road that were constructed recently and encouraged the builder to take a look at those homes and attempt to construct a house that is similar in character to those two homes. Bremer stated this house is allowed 1500 square feet or 15 percent lot coverage, whichever is greater, and on this lot the builder would be entitled to 1850 square feet. Bremer noted this proposed house is 1805 square feet. Kristie Anderson, 1408 Baldur Park Road, thanked the builder for his efforts to address the drainage issues and noted that the builder did reduce the hardcover slightly. Anderson noted the Planning Commission did request the applicant eliminate the dormers, but commented that the dormers are now bigger than ever. 6. #07-3280/3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CIRCLE - VARIANCES .-· John Vogstrom, Vogue ICF Homes, was present. Turner stated the applicant is requesting lot area and lot width variances to allow construction of two new, identically sized residences on adjacent lots . In addition; the applicant is also requesting a hardcover variance of 29 percent in the 75 to 250 foot zone when the maximum is 25 percent. On June 11 th , the City Council tabled the application to allow further correction of the grading/drainage plan and separation of the driveways to reduce hardcover. The grading/drainage plan is now acceptable to the City Ei:igineer. The driveways have been separated. Turner noted the minutes from the prior hearing indicate that she used the phrase "shared driveway", which created the false impression that separating the driveways would reduce hardcover by 125 square feet. The surveyor indicates there is no reduction in hardcover by separating the driveways. The shared portion of the driveways was only 12 feet wide and the individual portions of the driveway had to be enlarged to provide maneuvering room. Turner stated in order to accomplish the reduction in hardcover that she referred to, what would be required would be to redesign the house so the garage is basically straight on, which would result in a reduction in the amount of hardcover. Turner noted a table is included in the Planner's Report regarding possible hardcover reductions . The Planning Commission voted 5 to 0 to recommend approval of the lot width and lot area variances subject to certain conditions and approval of the hardcover variances. Turner noted an engineer with Bonestroo visited the site to look at the lakeside retaining wall and deck system at 1348 . The engineer recommends allowing the retaining walls within the Oto 75-foot zone to PAGE 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p .m. (14. APPOINTMENT OF POLICE CHIEF, Continued) Bremer moved, Rahn seconded, to appoint Correy Farniok to the Police Chief position effective June 12, 2007, with a salary of $87,900, which is step 3 of the Level 9 pay range in the Supervisory/Administrative salary schedule. VOTE: Ayes 5, Nays 0. Administrator Moorse swore in Police ChiefFarniok. Chief Farniok thanked the Council for their comments indicating how rewarding it was to be appointed the top position as Chief, having begun his career as an intern at Orono years ago. PLANNING COMMISSION COMMENTS -TESS RICE Rice stated that she had nothing to report, but would remain for questions . PUBLIC COMMENTS Long Lake Mayor Gilbert applauded the appointment of Chief Farniok as Orono Police Chief and thanked the City for including Long Lake in the search process: ZONING ADMINISTRATOR'S REPORT 3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD-VARIANCE John Vogstrom, of Vogue Homes, was present. Turner reported that the applicant was requesting the following variances to construct a new house: a lot area of .28 acre when .5 is required, a lot width of 49 .75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed, 43.8% hardcover in the 75- 250 foot zone when 25% is allowed, and to not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. Turner pointed out that the Council tabled the application on May 14 and directed the applicant to revise the proposal to eliminate the height variance and resolve the drainage issues. She noted that revised house plans had been submitted that eliminate the height variance, which was accomplished by changing the type of roof from a gable to a gambrel (barn), reducing the ceiling height of the first and second floors and lowering the floor elevation of the first floor living space. Turner pointed out that the defined height is now 30 feet. In addition, Turner indicated that a revised grading plan was submitted but was not acceptable to the City Engineer. The Planning staff recommendation included granting the lot width, lot area, grade adjacent to structure variance, and hardcover in the south 0-75 foot zone as requested and a hardcover variance for the 75-250' zone as determined by the Council. Mayor White asked why the application had returned to Council without the complete drainage plan as directed at the previous meeting. PAGE 2 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Turner stated staff wanted the Council to consider the new building plan since neither the footprint nor the hardcover had changed. Turner noted that the applicant had requested that more direction be given. Rahn expressed his surprise that the gambrel roof met the cities definition of the half story. John Vogstrom, applicant's representative, stated that having followed the guidelines as provided by the Planning Commission, he questioned what problems persist. He indicated that based on his demo permits, and City code, the applicant is allowed 15% or 1500 sf. structural cover and 3000 sf. of hardcover, which they felt they had complied with. Although he had not attended the previous City Council meeting, Vogstrom questioned how the drainage plan could not meet the City Engineer's approval, acknowledging that this is a difficult property with regard to drainage. He explained that, in his engineer's estimation, the proposed 6" drain pipe following the 6" incline should be adequate. Murphy questioned the height of the proposed berms on either side of the property and believed the proposed grades of those slopes of 2: 1 or 3: 1 were too steep for such a narrow lot. Gaffron pointed out that the berms were more of a slight swale than berm. Kellogg interjected that 3: 1 grades still show up in numerous locations throughout the property, particularly at the southwest comer where the survey arrows incorrectly display where the runoff will go. Vogstrom suggested that Kellogg meet with his engineer, Gronberg, to come up with a solution that will work. Gaffron stated that, clearly, the survey is not consistent within itself, as drainage arrows do not accurately reflect the flow of water. He requested the applicant supply the city with a larger survey to see the grades better and agreed getting the two engineers together to discuss the application would be a good start. Charles Reid, 1400 Baldur Park Road, pointed out that the previous Minutes do not accurately reflect the discussion with regard to the hardcover. As there was a home on the site when the applicant purchased the property, he questioned at what point the lot became 'vacant' and the previous structure, hardcover, and setback limitations became moot in the proposed calculations. In addition, Reid questioned at what point the average lakeshore setback measurement changed from being taken at the comer of his home to the corner of the deck. Reid added that the neighbor at 1412 Baldur Park Road, although he could not attend, wished to see the hardcover kept to the 25% standard. Mayor White explained that the average lakeshore setback is calculated from the two neighboring properties. PAGE3 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Gaffron concurred, pointing out that in the 1980's the City determined that deck railings more than 6' above grade are considered part of the home structure and should be part of the delineation. Betsy Nusbaum, 3480 North Shore Drive, asked what the difference is between the criteria for a lot with a structure on it as opposed to those that become 'vacant'. Gaffron stated that, although a total rebuild or new construction is subject to virtually tougher standards than a remodel project of an existing structure, on a substandard lot it is not unusual to see 40% hardcover on redevelopment projects. Turner noted that the proposed hardcover for the area between the two 0-75' zones is 43.8%. Maintaining that a recent home constructed to her west was granted their certificate of occupancy having never completed any grading or even having planted grass to date, Nusbaum asked how the city could ensure that the obligations of final grading have been met on a property, as there are no ramifications if they do not live up to their end of the bargain. Moorse explained that the certificate of occupancy should be used as the final leverage to ensure the owners have met their obligations. Rahn stated that there should be a contingency placed on these types of sensitive properties to ensure that the certificates of occupancy do not get issued until the drainage and grading is complete. Kellogg agreed that a condition should be added to require an as-built survey be done to ensure the final grading is in general conformance with the application. He acknowledged that inevitably over time some of this tends to change. Turner stated that, as this is floodplain, the City can require that an as-built survey be provided at the time of certificate of occupancy. McMillan suggested that a house plan should be designed around the necessary side yard setbacks, and what constitutes a good swale in order to meet the drainage requirements for the area, since so much hinges on this. Kristi Anderson, 1408 Baldur Park Road, thanked the applicant for bringing the height down and thanked the Council for their consideration of the drainage concerns in the area. She reiterated the need to build in stipulations that the drainage be complete before the certificate of occupancy is issued, since there are three specific cases on the street in which this was not the case. In addition, she asked the Council to keep in mind that Planner Turner's own report acknowledges that the average hardcover in the area is 34%, despite the 40% on Mr. Reid's property. Mayor White suggested the applicant be more creative in resolving the drainage issues, perhaps consider a cistern system, and even pick up a Fine Home Building magazine to find more small home plan ideas to incorporate into his design. PAGE4 of12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Feeling as if the City is often faced with these same issues, Murphy asked how many homes Vogstrom was currently building in Orono. Vogstrom stated that he goes to great lengths to improve the neighborhoods he enters. Murphy stated that this was the third time they had seen this application and encouraged the applicant to slow down their process before coming to Council with incomplete designs that do not meet planning staff recommendations. Vogstrom stated that he was trying to do the right thing but wouldn't be able to get the drainage down until the engineers met. He accepted that the application be tabled but asked for further direction. Mayor White asked the Council if they found the mass acceptable. Bremer stated that this was not a structural coverage issue. Although she could find a hardship for the 50' lot and 0-75' on both sides, she was tom by the hardcover figures and encouraged the applicant to pull the home back a bit to bring down the hardcover numbers. She indicated that the hardcover should absolutely be under 40% and closer to 35% would be a number she could support. Vogstrom stated that they could slide the home back 3' more in order to reduce the hardcover and driveway cover. Bremer stated that sliding the home back 3' would be a good step in the right direction. Turner stated that approximately 525 square feet would need to be removed in order to meet 35% hardcover. Murphy stated that he did not wish to go down the road of redesigning this home for the developer and also concurred that 35-40% would be an acceptable figure, in addition, to the drainage and other issues being corrected. Jeff Ulku, 1416 Baldur Park Road, reiterated that the average hardcover for the street has been held to 34% according to city staff. He pointed out that it would not be inconceivable that the applicant be urged to redesign the footprint to achieve this result. Bremer requested that staff try to compile a rough estimate of hardcover along this street as a comparison in order to avoid something that would be out of wack or unsightly. Murphy moved, McMillan seconded, to table the application for redesign, in order to allow the applicants and City's Engineers an opportunity to discuss or resolve the drainage issues, and allow staff to compile hardcover comps for the area. VOTE: Ayes 5, Nays 0. PAGE 5 of 12 ,. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. 11. #07-3266 VOGUE ICF HOMES/BENJAMIN & KAREN MILBRATH, 1404 BALDUR PARK ROAD, VARIANCE Darrin Hahn, Vogue ICF Homes, was present Turner stated the applicant is requesting the following variances : 1. A lot area of 0.28 acre when 0 .5 acre is required; 2. A lot width of 49.75 feet when 100 feet is required; 3 . A hardcover variance to allow 16.07 percent hardcover in the south 0-75 foot zone when none is allowed; 4. A hardcover variance to allow 43.68 percent hardcover in th 75-150 foot zone when 25 percent is allowed; 5 . A variance to not maintain an elevation of 931.5 feet for 15 feet from the perimeter of the house; 6. A variance to the City 's defined building height to allow 34.4 feet when the maximum is 30 feet; 7. A variance to allow windows in the gable ends of the third level. The Planning Commission reviewed this application and voted 5-1 to recommend approval of the variances subject to the house being shifted to the south. Staff would recommend granting a lot width variance, a lot area variance, grade adjacent to structure variance, and a hardcover variance in the south 0-75 foot zone. Murphy noted there is a vacant lot adjoining this property and that this is new construction. Murphy questioned the need for a height variance on this structure and that the drainage in this area has to be addressed. White stated the drainage in this area is a major problem and does have to be dealt with. White stated in his view these plans need to be revised, the size of the structure reduced, and that what is being proposed will only add to the water problems. McMillan stated she is not in favor of a height variance on new construction. Hahn stated given the small footprint, they are forced to go up . McMillan stated this is a small lot and that the house should be reduced. Rahn stated he would like to see a house designed that is no taller than the two adjoining residences and that given the small lot size, the Council does not need to allow the 30 foot height. PAGE 14 MINUTES OF THE ORONO CITY COUNCil, MEETING Monday,May14,2007 7:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Bremer commented that today's trend and economics are driving the taller structures but that in her view the height of the structure should be restricted to two and a half stories. Bremer stated a third story with windows considerably adds to the appearance of massing. Hahn noted a number of windows were removed on the third floor. Bremer stated the runoff needs to be dealt with and that she has a concern with the deviation from the 931.5 feet, especially given the water problems in this area. White stated there are a number of options the developer could look at as far as handling the runoff, such as cisterns. Hahn stated there is a berm that has been constructed along the lake which does not allow for runoff. McMillan stated that three factors contribute to the water problems in this area: One, the low elevation; two, the high water table; and three, the size of the structures. McMillan commented that it would be impossible for the applicant to fix all the drainage issues in this neighborhood but that he does need to adequately address the drainage on this property. Charles Reid, 1400 Baldur Park Road, stated he has a number of concerns with the application, particularly with the size of the structure. Reid expressed surprise that the Planning Commission recommended approval of hardcover at over 43 percent Reid displayed pictures of the homes in the area and noted that he was required to restrict the height of his residence at 30 feet. Reid stated one of the Planning Commissioners wanted to see full drainage plans, which still have not been submitted. Reid inquired whether permits would need to be obtained to install drain tile in the 0-75 foot area. Reid stated he would also like the house to be even with his house. Turner stated what Mr. Reid has received is the drainage plan that has been submitted by the applicant. Reid stated there are a number of items missing from the plans that were discussed by Mr. Vogstrom at the Planning Commission and that the plans do not make much sense. Reid inquired how many feet this house would be in front of his house. Hahn stated it would be approximately five feet. Reid inquired whether there are any rules relating to 15 feet and the floodplain when the house is raised. Turner stated the 15 foot separation has to do with keeping the flood waters from washing away the fill that is between the house and the edge of the floodplain. The separation is not an issue in this case since the house would be constructed on pilings and not a block foundation. The flood elevation is only a foot in this case. The applicant is also required to maintain 100 year storage capacity on the property, which may be one of the reasons why they are not proposing as much fill on this lot. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Curtis stated the house is approximately 12 feet from the 75 foot line. Hahn stated the house is located three feet further back than what is required by code. Reid stated he would like to see the house pushed further back. Bremer noted Mr. Reid's view would not be impacted by this house and that the structure has to be located behind the average setback line. Murphy stated this is a situation where there is an empty lot and that there should be some way to incorporate the comments of the City Council regarding the height and the drainage into the plans. Murphy commented he does not have complete confidence in the builder and that there needs to be more concise answers to the concerns raised by Staff and the Council. Murphy stated he is inclined to deny the application and require the house be redesigned. Bremer stated she is not supportive of denying the application but that the plans should be revised. Bremer stated the applicant needs to address the height of the structure, the hardcover, and the drainage. Bremer moved, Murphy seconded, to table Application #07-3266, Vogue ICF Homes/Benjamin & Karen Milbrath, 1404 Baldor Park Road, to allow the applicant time to revise his plans. JeffUklu, 1416 Baldur Park Road, stated he has resided in this area for 30 plus years and that he rebuilt his home in 1986. The lots in this area are 50 foot lots and that his understanding is that the laws of the City should be consistently applied, which is not always the case. Uklu stated there are a number of houses that have been constructed that exceed the City's 30-foot height limit. A major issue in this neighborhood is water management and constructing homes that are out of proportion with the neighboring structures. Uklu challenged the City Council to enforce their policies and codes consistently. Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for taking into consideration the drainage problems being experienced in this area. Nusbaum inquired what direction the Council is giving to the applicant. White stated the applicant would need to work with Staff and that the Council is not able to at this time give detailed directions on what should be built on this lot. Kristie Anderson, 1408 Baldur Park Road, thanked the Council for taking the concerns of the neighbors into consideration on this application and that she is aware the City has required on numerous occasions that the size of the house be reduced based on the small lot size. Murphy commented the Planning Commission and City Council spend a great deal of time on each application and attempt to apply the City's regulations as consistently as possible. Murphy stated there are a number of builders that try to maximize the lots and attempt to find ways to get around the City's rules. Turner noted Mr. Vogstrom is on vacation and not able to attend tonight's meeting. VOTE: Ayes5,Nays0. PAGE16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3262 James and Corrine Beck, Continued) Kroeger stated he would like to see the three story issue resolved and that there is a better way to deal with this issue. Berg stated she is opposed to the increase in massing on the site. ~o1 5. , #-tJ-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, 7:11-7:50 P.M. John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting the following variances to construct a new house: 1. A lot area variance of 0,28 acre when 0.5 acre is required; 2 . A lot width of 49.75 feet when 100 feet is required; 3. A hardcover variance of 16.07 percent in the street side 0-75 foot zone when none is allowed and 43.68 percent hardcover in the 75-150 foot zone when 25 percent is allowed; 4. A variance to not maintain the required lot grade elevation of 931 .5 for 15 feet from the end of the proposed structure; · 5. A variance to allow windows in the gable end of the half story. The applicant was directed to revise his plans at the last Planning Commission meeting and that the applicant has submitted a revised plan, which is before the Planning Commission tonight. Turner stated the applicant was also directed to remove the gables, which have been done, and to reduce hardcover. Hardcover has been reduced by changing the garage to a two-car garage, which eliminated a portion of the driveway in front of it and the sidewalk. Planning Staff recommends approval of the width and lot area variances; approval of the floodplain variances subject to approval of the grading plan by the City Engineer and the MCWD; approval of the hardcover variance for the street side 0-75 foot zone and the 75 to 250 foot zone subject to the driveway taper complying with City standards with total hardcover remaining at 3000 square feet or less; and approval of the height variance. Turner stated it was pointed out to Staff today that the neighbor's rail on his deck is less than six feet above grade and therefore results in a change in how the average lakeshore setback line should be determined. This change requires relocating the house approximately three feet further from the lake. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Vogstrom stated he is not opposed to relocating the house further back but that he was just recently notified of that Sunday night and he did not have time to revise the plans. Vogstrom inquired what elevation the first floor needed to be at. Turner stated the variance deals with the floodplain requirement and that it is the grade around the house that should be at 931.5 feet. The floodplain regulations require 931.5 feet for fifteen feet out from the house and not 932.5 feet. Turner stated the floor of the house should remain at the 933.5 foot elevation as required by the Watershed District. Vogstrom stated the next door neighbor requested they keep the house as low as possible but that he would like to keep the house at the 933 foot elevation. Vogstrom noted they did reduce the height of the structure as well. Vogstrom stated the homeowner would like to widen the driveway from its cunent eight-foot width to 9.5 feet. Vogstrom stated in relocating the house three feet further back, that would reduce the proposed hardcover somewhat. Vogstrom stated they would like to keep the jog of the house lined up with the neighbor's house, which is also the neighbor's request. Kroeger inquired whether the applicant would meet the 3000 square foot hardcover limit. Vogstrom stated he would be very close but might be 20 to 30 feet over. Gaffron stated relocating the house would eliminate 24 feet of hardcover and that by widening the driveway to 9.5 feet the applicant would be over on the hardcover. Vogstrom indicated he would like to get the surveyor out there to see exactly what the hardcover would be at. Hahn stated there is a concern about backing out the 90 feet on an eight-foot wide driveway. Turner stated the driveway would need to be reconfigured and be at a 2: 1 slope. Vogstrom stated they would look at reconfiguring the driveway. Berg recommended the new hardcover numbers be submitted prior to the City Council meeting. Kempf stated the Planning Commission has limited the hardcover to 3,000 square feet or lower. Vogstrom stated he would look at the hardcover and would attempt to comply with the hardcover limit set by the Planning Commission. Chair Kempf opened the public hearing at 7:25 p.m. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Contined) Charles Reid, 1400 Baldur Park Road, stated he has resided in this area for 32 years and that one of the biggest issues he has is the water runoff. Reid displayed photographs illustrating the water runoff onto his property and expressed a concern about the runoff that would come from this property. Reid stated he was not able to move his house any closer to the side lot line at the time he constructed his house. Reid stated he was also told his house could not be taller than 30 feet tall and that his entryway is seven feet tall. Reid noted the applicant is proposing a 38 foot peak and that this house would be taller than the two adjoining residences. Reid stated the downspout would force more water down the front and onto his property. Currently his property floods every year. Reid noted his front yard is lower than lake level and that he was promised by the City Council that that area would be bermed and force the water away, which has not corrected the problem. Reid stated he would lose his view of the lake if the house is constructed where proposed and at its proposed height. Reid stated he was told he could have no more than 40 percent hardcover and that he has issues with the height of the structure, the density, and the runoff issues. Reid stated the applicants should be limited to what he was allowed on his property and that a house of this density would create additional runoff problems on his property. Bill Anderson, 1408 Baldur Park Road, stated he has spoken with the homeowner and attempted to work out the issues with the builder. Anderson stated he is in agreement with Reid and that there are severe drainage issues in this area and that the ground is very soft in this area, which may have difficulty supporting a structure of this size. Anderson indicating they do appreciate sliding the house back but that the peak of the house at 38 feet would put this residence at approximately 13 feet higher than their house, which adds to the massing in the neighborhood. Anderson indicated they have created a swale on their property to help collect the water and that he is unsure whether there is any solution to help keep the water off the other adjoining property. Chair Kempf closed the public hearing at 7:38 p.m. Turner stated the City Engineer is aware of the drainage issues and that some changes would need to be made to the applicant's drainage plan. fu regard to Mr. Reid's lot, there is a slight berm along the lakeshore, with the ground being lower behind the berm, and that it is unclear whether the water can drain down to the lake properly. Turner stated the applicants are proposing to cut an area through the berm to help the water drain down to the lake. Reid stated the lakeshore was rip-rapped and that there were no plans for there to be a dip in the berm. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Vogstrom stated they experienced the same type of problem off of Shady Oak Road and that he is willing to work with the neighbors on the drainage issues. Vogstrom stated he is confident that he can help lessen the runoff to Mr. Reid's property and that there should be no additional runoff onto his property as a result of this project. Kempf stated the pictures produced by Mr. Reid demonstrate that the icing over the years has caused some of these ponding problems. Reid stated he did install a pipe on his property a number of years ago and that the pipe is now lower than the lake level. The berm has not been receded by the lake and the ponding is not caused by the ice. Reid indicated he has not raised the elevation of his yard like his other neighbors have. Chair Kempf closed the public hearing at 7:40 p.m. Vogstrom stated he does plan on relocating the house five or six feet back to help resolve the neighbor's concerns with his view. Zullo stated there appears to be cooperation between the neighbors and recommended that the applicant have a definite drainage and grading plan submitted to the City as well as a revised plan depicting the new location of the residence prior to this application going forward to the City Council. Vogstrom stated he did not find out about the location of the deck being changed until this morning and that he is willing to submit a plan showing the new location of the residence. Vogstrom stated he already has a drainage plan that he has submitted to the City. Kempf concurred that Mr. Reid does have a severe water problem, which would exist even if this property is developed. Kempf stated it appears the drainage in the area would be improved with this project and that he would like to see the hardcover kept at the 3,000 square foot limit. Kempf noted there is a 20' by 22' garage, which allows for very little storage. V ogstrom stated they had to reduce the size of the garage in order to reduce the hardcover and that they are planning on having a storage area above the cars. Kempf stated the Planning Commission had indicated they would be in agreement with the proposed peak height if there were no windows in the gable end of the building, which the applicant has complied with. Kempf moved, Kroeger seconded, Application #07-3266, Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road, to recommend approval of a lot area variance; lot width variance; hardcover variances to allow 16.07 percent in the street side 0-75 foot zone and 43.68 percent hardcover in the 75-150 foot zone, with a maximum hardcover not to exceed 3,000 square feet; a variance not to require maintaining the normally required lot grade elevation; and PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) a building height variance if the gable end windows are not present; subject to tapering the driveway to meet City standards without increasing the hardcover over 3,000; and subject to the City Engineer's recommendations and the Watershed District recommendations; and relocating the house five to six feet further back. VOTE: Ayes 5, Nays 1, Zullo Opposed. Zullo stated she would like to see the final plans showing the relocation of the house and the drainage for this lot prior to moving the application forward to the City Council. NEW BUSINESS 6. 2001 SUGAR WOODS DRIVE -APPEAL OF WORK IN PROTECTED AREAS, 7:50-8:05 P.M. Andy Anderson, Applicant, was present. Gaffron stated the applicant has filed an application seeking to waive the requirements or standards of the covenants of the Sugar Woods development. The first part of the application involves removal of trees greater than two inches in diameter within the required yards and the second part involves grading within the required yards . A special review procedure was established by the City in dealing with requests of owners who are unable to meet the special standards agreed upon by both the City and Developer Sid Rebers in the early 1990s for the Planned Residential Development of the Sugar Woods subdivision . The Anderson application includes the following: 1. A request to vary from the standard that prohibits the removal of trees greater than 2 inches diameter at four feet above grade, within the "no grading zone/woodlands protection area,", i.e., in the setback areas defined within each iot. Tree removal is proposed to allow for grading to help eliminate existing drainage problems on the site. Tree replacement is proposed. 2. A request to allow grading within the protected area , to help solve the drainage problems on the site. Council has approved an abbreviated process for all such requests whereby the Planning Commission shall assume the sole responsibility for the review and final recommendation regarding the special requests. Each applicant shall have the right of appeal to the Council of all decisions of the Planning Commission. In other words, should the application be denied or a tie vote occurs, the applicant would have the option to then proceed before the Council. This is brought to the Council as an appeal and would involve payment of a fee. PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3255 Catherine Sweet, Continued) Kempf stated 20 foot wide by 24 foot deep. Berg commented 22 feet is more standard. .- . .... Kempf stated a standard overhead door is 16 feet wide and that there are a number of garages that have two feet on either side of the overhead door. Turner stated given the required 10-foot separation from the house, it probably is not likely to be able to move the garage that far forward but that the garage could be angled slightly to help accomplish a flatter approach. Zullo suggested modifying the proposed garage to 20 feet wide by 24 deep and require a five-foot setback. Kempf suggested the garage also be brought forward. Zullo moved, Kroeger seconded, to recommend approval of Application #07-3255, Catherine Sweet, 3405 Crystal Bay Road, granting of a five-foot setback variance, hardcover variances for the 0-75 foot zone and the 75-250 foot zone, and requiring the garage to be reduced to 20' x 24' and brought forward slightly to meet the five-foot setback. VOTE: Ayes 7, Nays 0. *6. 07-3259 LAKE COUNTRY BUILDERS ON BEHALF OF KATHY AND GARY GANGSTEE, 1374 REST POINT ROAD, VARIANCE Winer moved, Zullo seconded, to table Application #07-3259, Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road. VOTE: Ayes 7, Nays 0. NEW BUSINESS 7. 07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, VARIANCE, 8:00 -8:38 P.M. John Vogstrom, Vogue ICF Homes, and Darrin Hahn, were present. Turner noted the recently submitted survey matches the footprint of the house plans. Turner stated the applicant is requesting the following variances to construct a new house: 1. A lot area variance of .28 acre when 0 .5 acre is required; 2 . A lot width variance of 49.75 feet when 100 feet is required; 3. A hardcover variance to allow 16 .07 percent hardcover in the south 0-75 foot zone when none is allowed; PAGE14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) 4. A hardcover variance to allow 48.07 percent hardcover in the 75-150 foot zone when 25 percent is allowed, and to not maintain the required grade elevation for 15 feet from the proposed structure. The applicant proposes to build a two and a half story house with an attached garage. The property is located in the LR-1 C, One Family Lakeshore Residential District requiring a minimum lot area of 0.5 acre and 100 feet of width at the shoreline and at the required 75-foot setback. This lot is 0.28 feet in width at the shoreline and at the 75-foot setback. Due to poor soils, the house would be built on pilings and grade beams. It would appear as slab on grade construction with no basement or crawl space. The property has two 0-75 foot zones, one on the street side and one on the lake side. Part of the property is within the flood plain. The maximum depth of a flood on the property would be about one foot. The flood plain elevations require that the bottom of the lowest floor of a building in the floodplain be elevated to the regulatory flood protection elevation of 932.5 feet. Within 15 feet the building ground level must be no lower than one foot below this elevation. The applicant proposes to maintain the required elevation only within a few feet of the building. Turner stated City Code specifies that the height of the proposed house be measured from existing grade to a point halfway between the top of the highest window and the peak of the roof. By this definition, the house is 34.5 feet high. The windows are located in the gable end. As proposed, the third level may be slightly too large to be considered a half-story. The pitch of the roof may have to be reduced slightly to reduce the portion of the third level with a floor to roof joist measurement of five feet or more from 18' 7.5" to 18 feet. The Planning Commission recommended approval of a code change that increases the side setbacks for wider lots, regulated peak height based on the width of the lot and disregard windows in gable ends when determining the building height. This item was tabled by the City Council for further study of the setback and peak height portions of the code change. The basis for disregarding windows in gable ends was that they did not add to the mass of the roof. The proposed code change would limit this property to a peak height of 3 7 .5 feet. As proposed, the peak height would be about 38 feet. Planning Staff recommends approval of the following: 1. Approval of the width and area variances. 2. Approval of the floodplain variance subject to approval of the grading plan by the City Engineer and the MCWD. 3. Approval of the hardcover variance for the street side 0-75 foot zone. 4. Approval of the pea height variance if the comers are removed and the Commission determines it appropriate. 5. Approval of a hardcover variance but not to the extent proposed. PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Vogstrom noted the patio on the plans should be moved further down and would be located within the little cove on the house. Vogstrom proposed to install two 3-foot pads for the driveway with grass in between to help reduce the hardcover on the property. Turner stated the Code specifies the whole width of the driveway would be counted as hardcover even if there is not a hard surface over the entire width. Vogstrom suggested the City consider allowing permeable pavers. Berg noted at the present time permeable pavers would still count as hardcover. Hahn stated the biggest hardship with the property is the bay located on two sides. Zullo expressed a concern with the need for a height variance. Kroeger suggested the height of each story be reduced slightly. Berg stated the height of the house goes towards the massing that is noticeable on the lot, and given the smaller size of the lot, it may be necessary to reduce the size of the house. Vogstrom pointed out there would not be a basement or other storage available in the house and that there is a need for a three-car garage. Acting Chair Kempf opened the public hearing at 8: 16 p.m. Kristie Anderson 1408 Baldur Park, stated she has a concern with the runoff that might be created as a result of this project, especially given the amount of hardcover being proposed for the lot and the fact that their properties are located below the floodplain. Anderson stated in her view the size of the house does give the appearance of a lot of massing on the site and that the height of the house should be reduced. Halm stated they will be reducing the ceiling height of each floor by six inches. Anderson inquired what the ceiling heights would be. Hahn stated it would be 9.5 on the main floor and 9.5 on the second floor. Anderson noted the neighbor on the other side of this property is out of the country at the present time and encouraged the Planning Commission to keep his best interests in mind. PAGE16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Turner noted the height numbers were determined from the existing grade and that two feet of fill would be brought in to raise the floor, which would be counted against the height. Turner stated the peak height would be 3 8 feet and the average height would be 34.5 feet by measuring halfway between the peak of the roof and the top of the windows. George Stickney, Orono, inquired what the total hardcover is on the property, including the 0-75 foot zone. Stickney indicated he is not opposed to some variances for this property but that he has a concern with the height of the structure . .., ..... Hahn stated the middle of the roof is at 30 feet. Zullo commented the concern deals with the overall project and the amount of total massing on the property as well as the height of the structure. Zullo stated she is not supportive of the project based on those two concerns. Acting Chair Kempf closed the public hearing at 8:24 p.m. Kang expressed a concern with the hardcover and the height, and encouraged the applicants to design a smaller house in an effort to reduce the hardcover on the lot. Kempf noted the total hardcover for the lot is 3265 square feet. Kempf recommended the hardcover be reduced to below 3000 square feet. Kempf suggested the applicants consider constructing the third stall to be accessed through the double garage door. Vogstrom indicated they are willing to redesign the house to better conform to the recommendations of the Planning Commission. Kempf stated he appreciates the indentations designed into the house to help break up the appearance of massing on the lot but that the two dormers on each side of the house appear to be rather large. Hahn stated the dorn1ers are merely decorative and could be reduced. Berg commented the dormers tend to contribute to the overall massing on the lot. Berg rec01m11ended the applicant work with Staff on redesigning his plans. Winer noted page three of the report states the house would be constructed on pilings and that the house must comply with the regulatory flood protection elevation. Turner stated a floodplain variance is one of the requests the applicants are making because if they were required to meet that standard, the house could only be approximately 15 feet wide. Winer stated in her opinion there is going to be flooding in this area. PAGE17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Turner stated under the floodplain regulations, the applicants are required to create storage capacity and that those plans are reviewed by both the City and the Minnehaha Water Shed District. Vogstrom stated the latest grading plan does address those issues raised by Staff. Turner noted the City Engineer's comments are regarding the first plan and not the plan that is before the Planning Commission. Vogstrom indicated they will redesign the house in an attempt to meet the concerns raised by the Planning Commission. It was the consensus of the Planning Connnission to require the hardcover be reduced below 3,000 square feet. Kroeger moved, Berg seconded, to table Application #07-3266 Vogue ICF Homes on behalf of Benjamin and Karen Milbrath, 1404 Baldur Park Road. VOTE: Ayes 7, Nays 0. *8. 07-3269 SHERRY EV ANS, 1380 RAILROAD A VENUE, VARIAN CE Winer moved, Zullo seconded, to recommend approval of Application #07-3269, Sherry Evans, 1380 Railroad Avenue, granting of setback variances subject to the submission of an updated survey showing the proposed addition and hardcover calculations with the building permit application. VOTE: Ayes 7, Nays 0. 9. 07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE, VARIANCE, 8:38 -8:58 P.M. Milo Thompson, Applicant, and Jeffrey Sweitzer, Architect, were present. Curtis stated the applicant is requesting the following variances in order to construct extensive additions to the existing home: 1. Lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required; 2 . Side yard setback variance to allow construction within the 10 foot required side setback. The additions are proposed to be constructed above existing portions of the home with an eight-foot side yard setback where a ten-foot setback is normally required ; -- PAGE 18 JESIGNEO DRAWN ECO MSG 7-012 ,, REVISlON DATE CERTIFICATE OF SURVEY FOR BENJAMIN D. MILERA TH .____ rW I -----------~,!/ --93-1 _-5 ...... / -..... / ) I I I I ~J.f-// DESCRPTION " OF LOT 14, ·HENNEPIN '---. '-... '-... '-... -------~ -------~ -("\cy 1 ....._ ·v I ._I BLOCK 1, COUNTY, BALDUR PARK MINNESOTA LAKE MINNETONKA NORTH ARM .-929.4 CONTOUR LINE 1 ~ I '-- #1408 (~ _____ .,....,.,. OJ-;..---PROPOSED ELEVATIONS -_...g'!>Y ----------1) Garage = ( 933.2 ! ~ 2) Top of foundation = !933.8! 3} Lowest Floor = !933.5! 4) No basement LEGAL DESCRIPTION OF PREMISES Lot 14, Block 1, BALDUR PARK o denotes iron marker set e denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum (910.8!: denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum -ill@--: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, and the proposed location of a proposed house and driveway thereon. It does not purport to show any other improvements or encroachments. I hereby certify that this survey was prepared by me, or under my direct supervision, and that I om a duly registered Civil Engineer and Lond Surveyor under the lows of the Stale of Minnesota. 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' w .,,A"j. t'l 70042' 00' ----/ ---_--= • •• -I "CK'TO~ N -----=--=r,--A7\,:-T"\-: · .. _; ·~QAOW-AL: ~\-_____ 951 .s::::__._ '19-"f-r ----=-f¾~-is ~ ~ "'-\_ n:1-'\ -• I I\ \-<' ~ . --. -- E A ?~ / ___________ u -st- N / ----I \ I \ I I \ I \ I \ I I \--9~ / w -0 0 LO I'<) 0 LO N z I I I I \/ .i ---<5':J\~··· ..... ___,--- ···--929.4 coNTOUR UNE ( ---------------r901/ ----934-_y-" ,' / ------~ / l , I I a~ I I /{J I I ~ l....gJ./-./ _.· @ CERTIFICATE OF SUR VEY FOR BENJAMIN D. MILERA TH I I I '\._ OF L OT 14, HENNEPIN '----'----'---- 1 ......... I J BLOCK ·1, COUNTY, BALDUR PARK MINNESOTA LAKE ------\ \ I \. I MINNETONKA NORTH ARM .-929.4 CONTOUR LINE 1 ~ I '-- fflt\.l'DICIPOSJ(l-f'OIT), -...iws'UJHO. t 'W~Jl"M»IO. """ .,,_ffl.CllfAlllli:-'tvrans NlMWlkMIM)lll'llU ~a~ .~WJ ,u ,osr ~JA~~-= ~'8:. t:1~~~~ :,. ~.JJ.:~,a.l ~~'~°'~~r~rtg#,' Olf.l' I[ uc .'" • ::::;:~,_ SILT f'tNct ~ SIANQARQ pmn s ! I~::.~~.! '""""'"""'~, ORONO, MINNESOTA PROPOSED ELEVATIONS 1) Garage = I 933.5 I 2 ) Top of foundation = !933.5! 3) Lowest Floor = !933.5! 4) No · basement /1 ~/BJJ~A,-~et L LEGAL DESCRIPTION OF PREMISES Lot 14, Block 1, BALDUR P ARK j {;lL/i i 2-00 7 I Jv l--vf 2 ?> I 2-lPo 7 0 deno tes iron marker set ~ { ~ 2,oo / . ( • denotes iron marker found O {_ (908.3): . . f ~ao{~ "'tV (le! .)J ~( denotes existing spot eleva ,o n, mean sea level dotum oP !910.8!: . pd) denotes proposed spot elevation, mean sea level datum --917--: . denotes existing contour line , mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown ore based upon an assumed datum . This survey shows the boundaries of the above described property, and the proposed location of a proposed house and driveway thereon . It does not purport to show any other improvements or encroachments. 07012REVISED8.SCJ ~:::7 HOUSE Pl.AN REVISED DESCRIPTION $ GRONBERG AND H-07 H<llSE ANO l>WEWAY REVISED ASS OCIATES I INC, 3 ' 4-23-07 HOUSE, DRIVEWAY, Ahl) GRADES REVISED CONSUL TING ENGINEERS , LAND CHECKED 4 s-2-07 HOUS,: REVISOl SURVEYORS, & SITE PLANNERS 5 6-25-07 HOOSE MOVED 2' AWAY FROM LAKE. REVISED GRADES, FENCE SHOWN ON LOT 13 445 NORTH WILLOW DRIVE 1-2-01 PROPOSED G!WlES REVISED LONG LAKE , MN. 55356 952-473-4141 OESIGl£0 REVISION DRAWN 07-0 12 I hereby certify that this survey was prepared by me, or under my direct supervision, and that I am a duly registered Civil Engineer ond Land Surveyor und er the laws of the State of Minnesota. ·~-:✓.~ SCALE 1"=20 ' DATE 1-16-0 7 JOB NO . 0 7-01 2 n n m >< :::J' 111 Date Application Received: 1/17 /07 Date Application Complete: 3/12/07 60-Day Review Period Expiration: 8/31/07 Department Approval: Name: Evelyn Turner Q:J Title: City Planner . Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3266 Vogue ICF Homes, 1404 Baldur Park Road Date: August 13, 2007 Item No. 3 Agenda Section: -Lot Width and Area Variances, Hardcover Variance and Floodplain Variance -Resolution Zoning District: LR-IC (0.5 acre) Lot Area: 0.28 acre Lot Width: 49.75 feet List of Exhibits: A. Resolution per Council direction Application Summary: Applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.68% hardcover in the 75- 150 foot zone when 25% is allowed. To not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. Background: On July 23, 2007, Council directed Staff to draft a resolution approving the variances. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTINGV ARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1288 AND 78-1119 FILE NO. 07-3266 WHEREAS, Benjamin D. Milbrath and Karen Milbrath, husband and wife, (hereinafter "Owners") are the Owners of the property located at 1404 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as: Lot 14 Baldur Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Vogue ICF Hornes has made application on behalf of the Owners to the City for variances to Municipal Zoning Code Section 78-350 to construct a new house on a lot with an area of 0.28 acre when 0.5 acre is required and a lot width of 49.75 feet when a width of 100 feet is required; and WHEREAS, Vogue ICF Hornes has made application on behalf of the Owners to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.07% hardcover in the 75- 250 foot zone when 25% is allowed; and WHEREAS, Vogue ICF Hornes has made application on behalf of the Owners to the City for a Variance to Municipal Zoning Code Section 78-1119 to allow an elevation lower than 931.5 within 15 feet of the house; and 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, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3266 2. The property is located in the LR-lC zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The property is Page 1 of 4 approximately 0.28 acre in area and 49.75 feet in width. 3. The Planning Commission reviewed this application on April 16, 2007 and on a vote of 5 -1 recommended approval of the variances, based on the following findings: a. There is no land the Owners could acquire to enlarge the lot. b. For many years before 2006 there was a house on the property. c. The lots in the area are of similar size and dimension. d. The property has two Oto 75 foot zones. Without a hardcover variance for the south Oto 75 foot zone it would be impossible to access the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350, 78-1288 and 78-1119 to allow construction of a new house, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Page 2 of 4 Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the north 0-75' zone shall be limited to O s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 2,636 s.f. or 43.68%. Hardcover in the south 75 -250' zone shall be limited to 374 s.f. or 16.07% per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 4. Owners shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new house before August 13, 2008 or the variance will expire on that date. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain oftitle of the property. Page 3 of 4 Adopted by the Orono City Council on this 13th day of August, 2007. ATTEST: Linda S. Vee, City Clerk Benjamin D. Milbrath STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor Karen Milbrath This instrument was acknowledged before me this __ day of ______ _ 2007 by Benjamin D. Milbrath, husband of Karen Milbrath. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ 2007 by Karen Milbrath, wife of Benjamin D. Milbrath. Notary Public Page 4 of 4 ZONING FILE NO. 07-3266 EXHIBIT A RESOLUTION NO. ___ _ CERTIFICATE OF SURVEY FOR BENJAMIN D. MILBRATH OF LOT 14, BLOCK 1, BALDUR PARK HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA NORTH ARM LEGAL DESCRIPTION OF PREMISES c Lot 14, Block 1, BALDUR PARK PROPOSED ELEVATIONS c 1) Garage=~ 2) Top of foundation = ~ 3) lowest Floor = ~ 4) No· basement o : denotes iron marker set • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum [lli]] : denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown ore based upon an assumed datum. This survey shows the boundaries of the above described property, and the proposed location of a proposed house and driveway thereon. It does not purport to show ony other improvements or encroachments. = 1"=20' ''"' 1-16-07 ...,.,. 07-012 l;1§ ~ :-1 11 ~ ll:: ' I II ii w i tl ~ Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Exterior Elevations 'ON NOIJJl'10SffiI .,. ,. ~I S:1.IHIHX'.3: Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 ::i,. f . f, CJ'} rl -;;~t: ~ ~ Uri ti ;.; g:: i!ff r:· ~ f g. ~ [ r,,' 99Z:£-LO ·oN 3:'1B DNINOZ ZONING FILE NO. 07-3266 . EXHIBIT C -\ RESOLUTION NO. ___ _ l-lb-07 4-3-07 -NO C..IM NG.E. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (§3'0 75 -250' 250-500' EXISTING HARDCOVER IN ZONE r-,\Ol'-ltf-(,\1£1(4,SLJe...i') A. House ______ x L<ngth Width X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X -X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOT AL HARDCOVER IN ZONE () TOT AL PROPERTY AREA IN ZONE 374-0 A B X 100 ·o PROPOSED HARDCOVER IN ZONE' A. House X Length Width X X X B. Garage X C. Driveway X • X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G . Other X- TOTAL HARDCOVER IN ZONE . TOT AL PROPERTY AREA IN ZONE A ______ + B X 100 t:$AL0l)t'<. ~A(-11( Lor I~ t3L.oac I S.F S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.- S.F. S .F. S .F . S.F. S.F. A S.F. B % S .F. S.F. S.F. S.F. S.F. S.F. . S.f.·· S .F. S.F. S.F. S.F. S.F. S .F. S.F. S.F . S .F. -A S.F. B % ZONING FILE NO. 07-3266 EXHIBIT C -L 81=,-..t /Vl I t..6~4 T H- RESOLUTION NO. ___ _ ~ 4--3 -07 C>AI...OV R 1-'A.l!'<:K Lor I 'r., &.cc,i.:: I HARD C O VER CAL CU LATIO N W ORKSHEE T SETBACK ZONE : (CIRCLE ONE) 0-75 ' ~ 25 0-500 ' EX I STING HARDCOV E R IN ZO NE 500-1000' A. House X Length X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X ·• • X F. Landscape X Underlain X By P lastic X Or Fabric G. Other X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A B P R OPOSED HARDC OV E R IN ZO NE. A. House X Length X X X B.' Garage X C. Driveway X • X D. Sidewalk t+,D X X E. Patio/Deck J4-,b7 X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE . T OT AL PROPERTY AREA IN ZONE A B Width X 100 Widt h 8,41.. q,'3?. X 100 S.F ------ S.F. ------______ S.F. ______ S.F. S.F . ------ ______ S.F. S.F . ------ ______ S.F. S.F. ------ S.F. ~-----______ S.F.' S.F. ------S.F . ------______ S.F. S.F . ------ S.F. A ------S.F. B· % ------ Pr<oPo,s;o ~-'~B~O_S"" ___ S.F .-HO<JS E S.F . ------ ------S.F. (OIJCRETt --~lO~ __ S.F .-FOR SIOE. DOOi ______ S.F . P1<eiP-O~f'.O __ b_5o~--s.F. -0R111c~"AY .. S.F.· ------ f'RO P&>$£D -~3_Lf:~--S.F. -sioe,w•-111.fl. S.F. ------ P/20 i'l'O SE' ID: __ 13~7 ___ S.F -p1,1-r, O ______ S.F. S.F. ------______ S.F. -----~· S.F. S.F. ------ -~'--b~3k~--S.F. -A 6035' S.F . B -~4~1~.,=b B=----% ZONING FILE NO. 07-3266 EXHIBITC • 3 'B&f /t'hi..~RA"n-J. RESOLUTION NO. ----- 4--J -07 · HARDCOVER CALCULATION WORKSHEET B4LOl)R. J-J,qr~,, Lor 14, ~t..o'-'~ I SETBACK ZONE: (CffiCLE ONE) (Q-75') 75-250' 250-500' EXISTING HARDCOVER IN ZONE SovTt+ (s\r~suk. \ 500-1000' A. House B . Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IlEONE A ______ + B PROPOSED HARDCOVER lN ZONE. A. House ______ x B. Garage C. Driveway D . Sidewalk E. Patio/Deck F. Landscape Underlain By Pla~tic Or Fabric G. Other Length X X X X X -X X X X X X X X X TOTAL HARDCDVER IN.ZONE . TOTAL PROPERTY AREA IN ZONE A ______ + B W idth X 100 Width X 100 S.F . ------ ______ S.F. ______ S.F. ______ S.F. S.F. ------ ______ S.F. S.F. ------ ______ S.F . S.F. ------ S.F . ------______ s.F · S.F. ------ S .F. ------______ S.F . S.F. ------ ______ S.F . A S.F. B ------ % ------ S.F. ------ S.F. ------ S.F. ------S.F. S.F. ------ .. P1<0P-0SE"D -~3~fJ~'+~--S.F . -0~111Eu>Ay · S.F:·-· ------ ______ S.F. S.F. ------ S.F . ------______ S.F. S.F. ------ S.F . ------______ S.F. ______ S.F. __ 36"--'lf: ___ S.F . -A _2=2,,__/,S-"-__ S.F. B -~'-1,~,o'-17r-__ % I lo ;! 9'-4" 9•.4• _,_ "" ... " .. , $ ., lo "1 Ir 20'-4" 12'-0" Ir .. ,. Great BQQm A8 ~ 17'-0" I •·-o· ·1_1 •-e· 13'·8" ~-If~ 77 ir11 r----1 t= Stair ~i i I "! 1-k=J i\~:~~~:-:1~·· 11 1 II lfl-------~-------J :~ _1 '-8' I " •);; In 7'-0" 21 ·-0· i 5'-6" &-fil / 7 ·~~ ~ ~~ --~ P~~;;~ 9--9-/1 ~~ ~ /~ u,-b?J -?'i, 0c) t 9/") ~ A9 J'-6" T -0' ,S\ /,"\. ··.~~® ~-'I-- (~~ 0 ., ti ILJ ,,--, 1 i~ f==:!i'!::f:=Jl.---"'K=it=c=h•_a_____ ----II'-- 11 ,.,_.. _ _;_;;a,:,, -c---JW I -, 00 ' ·•· I Hahn's Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com ,·-o· I. , ..•. L •·-,o· I. ,r-,r-,r- First Floor 1/4'-1'-0" 29'-8' ~ Vogue ICF Homes 2618 Casco Point Road Wayza ta , Minnesota 55391 (612) 250-9300 ..,.. 20'-6" 4'-1 518" 67'-8" ~ 6'-6318" 17'-0" - 6'-4' Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota First Floor Plan ------~'!<- ,__,_ 19'-0" ~ 21'-0" - Flnished First Floor 1353 SF Garage 450SF Grand total 1803 SF Revisions No . Date Pri nt Date : 812/2007 7:07:40 PM A1 Scale 1/4"-1'-0" Second Floor 1/4"= 1'-0" b ill Hahn's b ;! ,. ... ,. ,__ bib ~ ~ Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com 9'-4" 5'*81/4" Mll§lfil B'-83/4" Bath n~~ 5'-0" ,( B'-10! /~ I Q 9'-4" 3'-91/2" 12'-7" 3'-111/2" 4'-6" 29'-kl• 67'-8" Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 21'-0" Bedroom 1 I V'--._ ./ {!)) ~m2 §!lJl:! ~ I r, ,3•-0· 12'-6" 11·-o· 17'-0" 21'-0" Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Second Floor Plan 7'-0" ;! 1 A9 !< ., "lb f ~ 11 I 1111 I I ;!II HIN ., 11 No. I A11 Go Revisions ! Dale Print Date: 8/2/2007 7:07:52 PM A2 Sc,,e 1/4"= 1'-0" ~ Hahn's Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com ~ Qggs Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 Family flQQm 19'*111W " ., b ., ~ ~ €] A10 4'f6" Finished Half Sto,y 910SF South Deck 80SF Uncovered Deck 142SF 1132SF Milbrath Residence 11 No, I Revision& I Dale New Residential Construction 1404 Baldur Park Road Print Date: 8/212007 7:07:58 PM Orono, Minnesota A3 Attic Plan Scale 1/4"= 1'-0" ) North 2 1/4 = 1'-0" Hahn's Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 ) south 4 1/4 = 1'-0" Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota North & South Elevations Revisions No. Dale Print Date: 8/2/2007 7:08:39 PM AS so,;e 1/4"= 1'-0" r I I I J j 1 1 u1,n1u1Urn1q11,1,011111,1,01111,.n~ 1 -11 ---11--1n101111n,111!11~111.ld1q11l,op11,1111il/li11io11110111IJl\111,11wJ11,11Q,U11,1q111v!iA!!IP,\!llll11.11 11 11 1 p,1J,p,111Hq111.,111,111,.11A111,11,1111"11 ' East 1/4"= 1'-0" Hahn's Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota East Elevation _ _!ial)j.:~ Secon~[,1~g~ ~ Revisions No. Dale Print Date: 8/2/2007 7:08:58 PM A6 Scms 1/4"= 1'-0" -_!:@lilt-~ _ Secon~t,l~g~ ~ West 1/4"= 1'-0" Hahn's Architectural Vogue ICF Homes Milbrath Residence Revisions No. Date Services New Residential Construction 1404 Baldur Park Road Darrin Hahn 2618 Casco Point Road Print Date: 8/2/2007 7:09:12 PM 5625 Vine Hill Road Wayzata, Minnesota 55391 Minnetonka, MN 55345 Orono, Minnesota (612) 889-8281 (612) 250-9300 A? drhahn_has@msn.com West Elevation Scale 1/4"= 1'-0" ---~u UJIU u==LJI I IIUI 1~1111111m1 ~'!!};.~--- t 0 re " t.l Hg!i ;,t_o/j'! ~ 14' -10n 14'-10" ~ ., -----+r----tt--------~~-~-~ IIHJ 11 l1UP:t11IP ti I 11 ft If . ~CO!}_d ~ '71· 10~ ~a~ I~ I ~11 111 I ~~ ~· 1nn~~ge ~"-1 19'1'.' . . .. · . . . ; . .. ·. -4 1 ""~6'~--l)'....j)"=1~ __ __JU=IIIII\M.w.-lJL,11-111,~,II llf,JII ,W~,:IJlL, k1 x:st1nQ_Gr~de.L\ __ ·2'· 0" \JI 2) ~~'.~: 1'-0" Hahn's Architectural Services Darrin Hahn 5625 Vine Hill Road Minnetonka, MN 55345 (612) 889-8281 drhahn_has@msn.com Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 (D Nort,h En~. Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Typical East/West Building Section & @ Stair CJ No. to in Revisions Dale Prtnt Date: 8/7/2007 11 :58:35 AM AB Seale 1/4"= 1'-0" Date: August 14, 2007 To: Ron Olson From: Evelyn Turner f City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Subject: Billing Zoning Applicants for Engineering and Legal Costs I have four zoning applications that have incurred high engineering costs. The applicants have been informed they will shortly be billed for these costs through July 15 with the remainder to be billed later. I realize this will be extra work to send two bills, but these bills have been accumulating since the beginning of the year or earlier and for three I have concerns about our being able to easily collect. #06-3243 North Shore Gardens 2795 Pheasant Road -to go to Planning Commission on August 20 and City Council of September 10 -cost to be paid before application is considered by Council -applicant is not property owner, scope of the project has been much reduced and may not be approved. · #07-3266 Vogue Homes 1404 Baldur Park Road -Approved 8/13 -cost to be paid before the building permit is issued. #07-3280&81 Vogue Homes 3048 & 3050 Rest Point Circle -Approved 8/13 -costs before building permits are issued -owner sold lots without Vogue'? knowledge to someone who will use a different builder. CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Vogue ICF Homes 8219 Cleary Court Inver Grove Heights MN 55076 ZONING FILE #07-3266 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 24, 2007 COPIES: Mark Gronberg (by fax) TYPE OF APPLICATION: Lot Width and Area Variances Hardcover Variance DATE OF MEETING: July 23, 2007 VOTE: 3 FOR 2 AGAINST Motion: To direct staff to draft a resolution granting the variances. The resolution will to go to Council on August 13. Please provide the revised house plan by August 6. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o'clock p.m. (#07-3266 Vogue ICF Homes, 1404 Baldor Park Road, Continued) Murphy moved, Bremer seconded, to direct Staff to draft an approval resolution for Application #07-3266, Vogue ICF Homes, 1404 Baldor Park Road, approving the .house plan as presented tonight, with the level of hardcover that has been proposed, subject to the condition that the drainage issues are resolved to the satisfaction of the City Engineer. Mr. Milbrath, the property owner, stated he would also like to improve the appearance of the house and that his concern is if they conform to the height and hardcover requirements , whether they have the ability to make a better looking house as long as it is within the City's requirements. Murphy stated they are able to do that as long as the changes do not require any variances. Turner stated Staff would have to review the plan and that the applicant may have to appear before the Council again ifthere are significant changes. Milbrath indicated they have redesigned the house a number of times. Turner stated the applicant has three weeks before the next Council meeting to submit changes. Bremer stated the Council is here to look and approve the plan that is before them tonight and that a formal motion approving the resolution would be passed at the next meeting. McMillan stated the applicants could also ask for their application to be heard at a later council meeting if they want to revise their plans but that the Council would like to approve the plan that will actually be built. Betsy Nusbaum, 3480 Baldur Park Road, inquired whether the Council is approving the 35 percent hardcover. White stated the motion is to approve the plans that are before them right now and that the hardcover has not been changed from what was previously proposed . · VOTE: Ayes 3, Nays 2, Rahn and White opposed. 6. #07-3280/#07-3281 VOGUE ICF HOMES, 1348 AND 1350 REST POINT CffiCLE- VARIANCES John Vogstrom, Vogue ICF Homes, was present. Turner stated the applicant is requesting variances to allow construction of two new, identically sized residences on adjacent lots. The variances being requested include a lot area of 0.33 acre when one acre is required, a lot width of 67 feet when 140 feet is required, and 29 percent hardcover in the 75-250 foot zone when the maximum is 25 percent. PAGE 8 of17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 23, 2007 7:00 o'clock p.m. (#05-3143 Dan Hessburg, Continued) ' • 1_ t ~ mitigating any issues that the applicant has with a potential buyer and that the buyer should be aware of the issues that exist. Mattick stated to his understanding the City would not delay issuing a certificate of occupancy based on these issues and that the unresolved issues would be between the buyer and the seller. Hessburg stated he received that letter in January and he immediately called the City and the landscaper. The City was notified that the landscaper was out of state for three months on another project. An engineer was retained almost immediately but that he was later told he did not need a private engineer and that the City would attempt to resolve the issues through the City Engineer. Hessburg stated he took extra steps to handle the runoff that was created by the hardcover. Kellogg stated his office had been waiting for a significant amount of time for the applicant's engineer to complete certain work and when that work was not completed, his office offered to complete a portion of the work. Rah~ moved, Murphy seconded, to send Application No. #05-3143, Daniel Hessburg, 774 Tonkawa Road, back to the Planning Commission for their review. VOTE: Ayes 5, Nays 0. 5. #07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MJLBRATH, 1404 BALDURPARKROAD-VARIANCE John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting a lot area variance, a lot width variance, and hardcover variances. Council tabled this application on July 9th to allow the house to be redesigned to comply with the defined height requirement The applicant has submitted a revised house design that complies with the height requirement. The Council also requested a summary of hardcover and structural coverage for the 1 7 properties on Baldur Park Road. The summary is attached as Exhibit G to the Staff memo. Because there were inconsistencies in accounting for the second 0-75 foot zone (street side) on some of the properties, this second 0-75 foot zone has been combined with the 75-250 foot zone to allow an equitable comparison. Six of the 16 properties were granted width and area variances for new~houses. All included hardcover variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum size and width requirements . Five other properties have been granted hardcover variances for additions . The remaining four have not received a permit for work that would change hardcover. The drainage issues have been resolved. The applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard, the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to west. PAGE 6 of 17 Date Application Received: 1/17 /07 Date Application Complete: 3/12/07 Extended Review Period Expiration: 8/31/07 Department Approval: Name: Evelyn Turner Title: City Planner e.-r Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3266 Vogue ICF Homes, 1404 Baldur Park Road Date: July 23, 2007 Item No. Agenda Section: -Lot Width, Lot Area, Floodplain and Hardcover Variances Zoning District: LR-IC (0.5 acre) Lot Area: 0.28 acre Lot Width: 49.75 feet List of Exhibits: A. CC Minutes of June 11, 2007 B. CC Minutes of May 14, 2007 C. Drawings of proposed house, submitted July 16, 2007 D. Summary of Permitted Hardcover and Structural Coverage for Baldur Park Road, prepared by Staff E. Revised survey/grading plan, submitted June 25, 2007 F. City Engineer's Report dated July3, 2007 G. PC Action Notice dated April 17, 2007 H. PC Memo & Exhibits of April 16, 2007 I. PC Minutes of March 19, 2007 J. PC Minutes of April 16, 2007 Application Summary: Applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.68% hardcover in the 75- 150 foot zone when 25% is allowed. To not maintain an elevation of931.5 for 15 feet from the perimeter of the house. Background Council tabled this application on July 9 to allow the house to be redesigned to comply with the defined height requirement. (The minutes are in this packet.) The Applicant has submitted a revised house design that complies with the height requirement (Exhibit C). The Council requested a summary of hardcover and structural coverage for the 17 properties on Baldur Park Road. The summary is attached as Exhibit G. Because there were inconsistencies in accounting for the second ( street side) 0-75 foot zone on some of the properties this second 0 to 7 5 foot zone has been combined with the 75 to 250 foot zone to allow an equitable comparison. The FILE 07-3266 July 23, 2007 Page 2 of 2 summary is derived from information in City files and reflects the permitted hardcover, not the actual hardcover. Six the 16 other properties were granted width and area variances for new houses. All included hardcover variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum size and width requirements. Five others have been granted hardcover variances for additions. The remaining four have not received a permit for work that would change hardcover. Council had previously tabled this application and directed the applicant to resolve the drainage issues. The issues have been resolved. The Applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to west (1400). Planning Commission Recommendation On April 16, 2007, Planning Commission voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The Applicant has revised the site plan and satisfies this condition. Planning Staff Recommendation The lot width and area variances are routine requests. The flood plain variance is a technical issue. The hardcover level is comparable to other properties on the Baldur Park Road. Hardcover could be reduced by placing the house closer to the road and reducing the size of the house. COUNCIL ACTION REQUESTED 1. Determine if the proposed house plan is acceptable. 2. Determine if the proposed level of hardcover is acceptable. 3. If the house plan and the hardcover are acceptable, direct Staff to draft a resolution granting the variances. If both are not acceptable, table the application or direct Staff to draft a resolution denying the variances. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. (14. APPOINTMENT OF POLICE CHIEF, Continued) Item #02-C «pproval of Council Minutes 06, Bremer moved, Rahn seconded, to appoint Correy Farniok to the Police Chief position effective June 12, 2007, with a salary of$87,900, which is step 3 of the Level 9 pay range in the Supervisory/Administrative salary schedule. VOTE: Ayes 5, Nays 0. Administrator Moorse swore in Police ChiefFarniok. Chief Farniok thanked the Council for their comments indicating how rewarding it was to be appointed the top position as Chief, having begun his career as an intern at Orono years ago. PLANNING COMMISSION COMMENTS -TESS RICE Rice stated that she had nothing to report, but would remain for questions. PUBLIC COMMENTS Long Lake Mayor Gilbert applauded the appointment of Chief Farniok as Orono Police Chief and thanked the City for ·including Long Lake in the search process. ZONING ADMINISTRATOR'S REPORT 3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404BALDURPARKROAD-VARIANCE John Vogstrom, of Vogue Homes, was present. Turner reported that the applicant was requesting the following variances to construct a new house: a lot area of .28 acre when .5 is required, a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed, 43.8% hardcover in the 75- 250 foot zone when 25% is allowed, and to not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. Turner pointed out that the Council tabled the application on May 14 and directed the applicant to revise the proposal to eliminate the height variance and resolve the drainage issues. She noted that revised house plans had been submitted that eliminate the height variance, which was accomplished by changing the type of roof from a gable to a gambrel (barn), reducing the ceiling height of the first and second floors and lowering the floor elevation of the first floor living space. Turner pointed out that the defined height is now 30 feet. In addition, Turner indicated that a revised grading plan was submitted but was not acceptable to the City Engineer. The Planning staff recommendation included granting the lot width, lot area, grade adjacent to structure variance, and hardcover in the south 0-75 foot zone as requested and a hardcover variance for the 75-250' zone as determined by the Council. Mayor White asked why the application had returned to Council without the complete drainage plan as directed at the previous meeting. PAGE 2 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. Item #02 -CC Agenda -06/25107 ,,proval of Council Minutes 06/1 J/07[Page 3 of 12] (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Turner stated staff wanted the Council to consider the new building plan since neither the footprint nor the hardcover had changed. Turner noted that the applicant had requested that more direction be given. Rahn expressed his surprise that the gambrel roof met the cities definition of the half story. John Vogstrom, applicant's representative, stated that having followed the guidelines as provided by the Planning Commission, he questioned what problems persist. He indicated that based on his demo permits, and City code, the applicant is allowed 15% or 1500 sf. structural cover and 3000 sf. of hardcover, which they felt they had complied with. Although he had not attended the previous City Council meeting, Vogstrom questioned how the drainage plan could not meet the City Engineer's approval, acknowledging that this is a difficult property with regard to drainage. He explained that, in his engineer's estimation, the proposed 6" drain pipe following the 6" incline should be adequate. Murphy questioned the height of the proposed berms on either side of the property and believed the proposed grades of those slopes of2:1 or 3:1 were too steep for such a narrow lot. Gaffron pointed out that the berms were more of a slight swale than berm. Kellogg interjected that 3:1 grades still show up in numerous locations throughout the property, particularly at the southwest comer where the survey arrows incorrectly display where the runoff will go. Vogstrom suggested that Kellogg meet with his engineer, Gronberg, to come up with a solution that will work. Gaffron stated that, clearly, the survey is not consistent within itself, as drainage arrows do not accurately reflect the flow of water. He requested the applicant supply the city with a larger survey to see the grades better and agreed getting the two engineers together to discuss the application would be a good start. Charles Reid, 1400 Baldur Park Road, pointed out that the previous Minutes do not accurately reflect the discussion with regard to the hardcover. As there was a home on the site when the applicant purchased the property, he questioned at what point the lot became 'vacant' and the previous structure, hardcover, and setback limitations became moot in the proposed calculations. In addition, Reid questioned at what point the average lakeshore setback measurement changed from being taken at the comer of his home to the corner of the deck. Reid added that the neighbor at 1412 Baldur Park Road, although he could not attend, wished to see the hardcover kept to the 25% standard. Mayor White explained that the average lakeshore setback is calculated from the two neighboring properties. PAGE 3 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. Item #02 -CC Agenda -06125/07 .Jroval of Council Minutes 06/l l/07[Page 4 of 12] (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Gaffron concurred, pointing out that in the 1980's the City determined that deck railings more than 6' above grade are considered part of the home structure and should be part of the delineation. Betsy Nusbaum, 3480 North Shore Drive, asked what the difference is between the criteria for a lot with a structure on it as opposed to those that become 'vacant'. Gaffron stated that, although a total rebuild or new construction is subject to virtually tougher standards than a remodel project of an existing structure, on a substandard lot it is not unusual to see 40% hardcover on redevelopment projects. Turner noted that the proposed hardcover for the area between the two 0-75' zones is 43.8%. Maintaining that a recent home constructed to her west was granted their certificate of occupancy having never completed any grading or even having planted grass to date, Nusbaum asked how the city could ensure that the obligations of final grading have been met on a property, as there are no ramifications if they do not live up to their end of the bargain. Moorse explained that the certificate of occupancy should be used as the final leverage to ensure the owners have met their obligations. Rahn stated that there should be a contingency placed on these types of sensitive properties to ensure that the certificates of occupancy do not get issued until the drainage and grading is complete. Kellogg agreed that a condition should be added to require an as-built survey be done to ensure the final grading is in general conformance with the application. He acknowledged that inevitably over time some of this tends to change. Turner stated that, as this is floodplain, the City can require that an as-built survey be provided at the time of certificate of occupancy. McMillan suggested that a house plan should be designed around the necessary side yard setbacks, and what constitutes a good swale in order to meet the drainage requirements for the area, since so much hinges on this. Kristi Anderson, 1408 Baldur Park Road, thanked the applicant for bringing the height down and thanked the Council for their consideration of the drainage concerns in the area. She reiterated the need to build in stipulations that the drainage be complete before the certificate of occupancy is issued, since there are three specific cases on the street in which this was not the case. In addition, she asked the Council to keep in mind that Planner Turner's own report acknowledges that the average hardcover in the area is 34%, despite the 40% on Mr. Reid's property. Mayor White suggested the applicant be more creative in resolving the drainage issues, perhaps consider a cistern system, and even pick up a Fine Home Building magazine to find more small home plan ideas to incorporate into his design. PAGE4 of12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 11, 2007 7:00 o'clock p.m. Item #02 -CC Agenda -06/25/07 . proval of Council Minutes 06/l l/07[Page 5 of 12} (3. #07-3266 VOGUE HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDUR PARK ROAD, Continued) Feeling as if the City is often faced with these same issues, Murphy asked how many homes V ogstrom was currently building in Orono. Vogstrom stated that he goes to great lengths to improve the neighborhoods he enters. Murphy stated that this was the third time they had seen this application and encouraged the applicant to slow down their process before coming to Council with incomplete designs that do not meet planning staff recommendations. Vogstrom stated that he was trying to do the right thing but wouldn't be able to get the drainage down until the engineers met. He accepted that the application be tabled but asked for further direction. Mayor White asked the Council if they found the mass acceptable. Bremer stated that this was not a structural coverage issue. Although she could find a hardship for the 50' lot and 0-75' on both sides, she was tom by the hardcover figures and encouraged the applicant to pull the home back a bit to bring down the hardcover numbers. She indicated that the hardcover should absolutely be under 40% and closer to 35% would be a number she could support. V ogstrom stated that they could slide the home back 3' more in order to reduce the hardcover and driveway cover. Bremer stated that sliding the home back 3' would be a good step in the right direction. Turner stated that approximately 525 square feet would need to be removed in order to meet 35% hardcover. Murphy stated that he did not wish to go down the road of redesigning this home for the developer and also concurred that 35-40% would be an acceptable figure, in addition, to the drainage and other issues being corrected. Jeff Ulku, 1416 Baldur Park Road, reiterated that the average hardcover for the street has been held to 34% according to city staff. He pointed out that it would not be inconceivable that the applicant be urged to redesign the footprint to achieve this result. Bremer requested that staff try to compile a rough estimate of hardcover along this street as a comparison in order to avoid something that would be out of wack or unsightly. Murphy moved, McMillan seconded, to table the application for redesign, in order to allow the applicants and City's Engineers an opportunity to discuss or resolve the drainage issues, and allow staff to compile hardcover comps for the area. VOTE: Ayes 5, Nays 0. PAGE 5 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. ,., .. ·oval of Co ( i 11. #07-3266 VOGUE ICF HOMES/BENJAMIN & KAREN MILBRATH, 1404 BALDUR PARK ROAD, VARIANCE Darrin Hahn, Vogue ICF Homes, was present. Turner stated the applicant is requesting the following variances: I. A lot area of0.28 acre when 0.5 acre is required; 2. A lot width of 49.75 feet when 100 feet is required; 3. A hardcover variance to allow 16.07 percent hardcover in the south 0-7 5 foot zone when none is allowed; 4. A hardcover variance to allow 43.68 percent hardcover in th 75-150 foot zone when 25 percent is allowed; 5. A variance to not maintain an elevation of 931.5 feet for 15 feet from the perimeter of the house; 6. A variance to the City's defined building height to allow 34.4 feet when the maximum is 30 feet; 7. A variance to allow windows in the gable ends of the third level. The Planning Commission reviewed this application and voted 5-1 to recommend approval of the variances subject to the house being shifted to the south. Staff would recommend granting a lot width variance, a lot area variance, grade adjacent to structure variance, and a hardcover variance in the south 0-75 foot zone. Murphy noted there is a vacant lot adjoining this property and that this is new construction. Murphy questioned the need for a height variance on this structure and that the drainage in this area has to be addressed. White stated the drainage in this area is a major problem and does have to be dealt with. White stated in his view these plans need to be revised, the size of the structure reduced, and that what is being proposed will only add to the water problems. McMillan stated she is not in favor of a height variance on new construction. Hahn stated given the small footprint, they are forced to go up. McMillan stated this is a small lot and that the house should be reduced. Rahn stated he would like to see a house designed that is no taller than the two adjoining residences and that given the small lot size, the Council does not need to allow the 30 foot height. PAGE 14 BIT MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Item #02 -CC Agenda -05/29107 ,., •. 'Oval a/Council Minutes 05114/07 [Page 15 o/27} Bremer commented that today's trend and economics are driving the taller structures but that in her view the height of the structure should be restricted to two and a half stories. Bremer stated a third story with windows considerably adds to the appearance of massing. Hahn noted a number of windows were removed on the third floor. Bremer stated the runoff needs to be dealt with and that she has a concern with the deviation from the 931.5 feet, especially given the water problems in this area. White stated there are a number of options the developer could look at as far as handling the runoff, such as cisterns. Hahn stated there is a berm that has been constructed along the lake which does not allow for runoff. McMillan stated that three factors contribute to the water problems in this area: One, the low elevation; two, the high water table; and three, the size of the structures. McMillan commented that it would be impossible for the applicant to fix all the drainage issues in this neighborhood but that he does need to adequately address the drainage on this property. Charles Reid, 1400 Baldur Park Road, stated he has a number of concerns with the application, particularly with the size of the structure. Reid expressed surprise that the Planning Commission recommended approval of hardcover at over 43 percent Reid displayed pictures of the homes in the area and noted that he was required to restrict the height of his residence at 30 feet. Reid stated one of the Planning Commissioners wanted to see full drainage plans, which still have not been submitted. Reid inquired whether permits would need to be obtained to install drain tile in the 0-75 foot area. Reid stated he would also like the house to be even with his house. Turner stated what Mr. Reid has received is the drainage plan that has been submitted by the applicant. Reid stated there are a number of items missing from the plans that were discussed by Mr. Vogstrom at the Planning Commission and that the plans do not make much sense. Reid inquired how many feet this house would be in front of his house. Hahn stated it would be approximately five feet. Reid inquired whether there are any rules relating to 15 feet and the floodplain when the house is raised. Turner stated the 15 foot separation has to do with keeping the flood waters from washing away the fill that is between the house and the edge of the floodplain. The separation is not an issue in this case since the house would be constructed on pilings and not a block foundation. The flood elevation is only a foot in this case. The applicant is also required to maintain 100 year storage capacity on the property, which may be one of the reasons why they are not proposing as much fill on this lot. PAGE 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 14, 2007 7:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Curtis stated the house is approximately 12 feet from the 75 foot line. Item #02 -CC Agenda -05/29/07 -., .. oval of Council Minutes 05114/07 [Page 16 o/27} Hahn stated the house is located three feet further back than what is required by code. Reid stated he would like to see the house pushed further back. Bremer noted Mr. Reid's view would not be impacted by this house and that the structure has to be located behind the average setback line. Murphy stated this is a situation where there is an empty lot and that there should be some way to incorporate the comments of the City Council regarding the height and the drainage into the plans. Murphy commented he does not have complete confidence in the builder and that there needs to be more concise answers to the concerns raised by Staff and the Council. Murphy stated he is inclined to deny the application and require the house be redesigned. Bremer stated she is not supportive of denying the application but that the plans should be revised. Bremer stated the applicant needs to address the height of the structure, the hardcover, and the drainage. Bremer moved, Murphy seconded, to table Application #07-3266, Vogue ICF Homes/Benjamin & Karen Milbrath, 1404 Baldor Park Road, to allow the applicant time to revise his plans. JeffUklu, 1416 Baldur Park Road, stated he has resided in this area for 30 plus years and that he rebuilt his home in 1986. The lots in this area are 50 foot lots and that his understanding is that the laws of the City should be consistently applied, which is not always the case. Uklu stated there are a number of houses that have been constructed that exceed the City's 30-foot height limit. A major issue in this neighborhood is water management and constructing homes that are out of proportion with the neighboring structures. Uklu challenged the City Council to enforce their policies and codes consistently. Betsy Nusbaum, 3480 North Shore Drive, thanked the Council for taking into consideration the drainage problems being experienced in this area. Nusbaum inquired what direction the Council is giving to the applicant. White stated the applicant would need to work with Staff and that the Council is not able to at this time give detailed directions on what should be built on this lot. Kristie Anderson, 1408 Baldur Park Road, thanked the Council for taking the concerns of the neighbors into consideration on this application and that she is aware the City has required on numerous occasions that the size of the house be reduced based on the small lot size. Murphy commented the Planning Commission and City Council spend a great deal of time on each application and attempt to apply the City's regulations as consistently as possible. Murphy stated there are a number of builders that try to maximize the lots and attempt to find ways to get around the City's rules. Turner noted Mr. Vogstrom is on vacation and not able to attend tonight's meeting. VOTE: Ayes 5, Nays 0. PAGE 16 00£6-0S'Z (U9) I6f:SS' V/OSJUU!W 'vwzliVM pr10'1[ /U/Dd OJSV:J I/I9Z SUO!)BA013 JO!J0JX3 B)OS0UU!V'l 'OUOJQ pBOl::j }IJBd JnPIB8 j,Qj,[ UOij:JnJ)SUO:) IB!)Uap1sa1::1 M0N "I" ~j ~ )> I\) ~1~1-1~ fli!f:~i l f 111 ~ ~ Milbrath Residence New Residential Construction 1404 Baldur Park Roai:l Orono, Minnesota Attic Plan ~ I ti ,,. ~1i ~[ i Vogue ICF Homes 2618 Casco Point Road Waywta, Minnesota 55391 (612) 250-9300 ::i:. . ~ ... i-iil er, n ~~[<? ~ ;::-'""' tltH ~ ;:j: ~ i*f n· ~ s ' •• ~ E" rr,' ~ - "'~-~ !-i [ §: ~ f gi~~ ~w~ ~-n~ ~ ' i ::t> _. ~I~ ~ i Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota First Floor Plan ~1' ~a 9f :JI Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 I ;:i:. e-3::: ~ ~ ,~ (/) (') !IJ•~? ~ ~ ~ t;l[s cl ~-~ f•!i=" .... ~ ~ ~ ~Y.!rs n n ;s: 3 it. ~ E' fJJ' ~ ~ BALDUR PARK ROAD PERMITTED HARDCOVER AND STRUCTURAL COVERAGE (based on information in City files) 1376 Benson 12,726 2,115 4,053 32.9% 29.50% 1959/2005 13 84 Versteeg 12,632 unk. unk. unk. unk. 1952 1392 Gehle 30,800 23,930 5,725 0% 23.92%3 2000 1396 Schroeder 1400 Reid 1404 Milbrath 1408 Anderson 1412 Arons 1416 Ulka & Peterson 1420 McDonnell 1424 Rohrer & Hutchinson 1428 Roth 1432 Nyquist 1436 Mikkelson 1440 Bohn 1444 Kaveney 1448 Lawrence 13,670 12,450 12,040 11,904 11,117 11,000 9,580 8,894 unk. 7,638 8,600 8,712 8,600 10,890 Bold = variance granted. 9,800 8,700 8,300 8,154 7,294 6,374 5,805 5,125 unk. 3,793 4,132 unk. 5,180 unk. 3,556 0% 36.30% 1983/1991 3,319 0% 38.15% 1920/1987 3,000 0% 36.14% 3,012 0% 36.50% 1900/1979/1985 2,697 0% 37.00% 1988 1,912 0% 30.00% 1985 2,878 5.50% 45.90% 1900/1979/1983/ 1987/2005 2,724 8.39% 35.70% 1920 unk. unk. unk. 1984 2,947 34.40% 42.30% 1920/1975/1988 2,418 24.39% 36.16% 2006 unk. unk. unk. 1920 2,330 0% 44.98% 2004 2,839 unk. unk. 1935 Two Two Two w/basement Two Two/three Two &half Two One, partial second One, partial second Two Two Two Two Two One Two One 2,116 +505 deck 1036 +747 gar 3,611 1,996 1,920 +368 deck 1,805 1,440 +662 gar +64 shed 1,320 +528 gar 1,202 +400 gar 1,156 +641 gar 1492 +529 gar +132 'zbo 1326 + gar 1,260 +796 gar 1,500 893 +575 gar 1,500 730 +440 gar 2,621 21.00% 1,783 14.11% 3,611 11.72% 1,996 14.50% 2,288 18.40% 1,805 14.99% 2,166 17.15% 1,848 16.62% 1,602 15.86% 1,797 15.66% 2,153 24.20% unk unk. 2,056 19.63% 1,500 17.44% 1,468 17.21% 1,500 17.44% 1,170 10.74% 1 The Oto 75 foot zone on the street side of some lots was overlooked. Because it would be very difficult to determine the amount of hardcover in the street side Oto 75 foot zone for these lots without new surveys, these two zones were added together to so the proper comparison could be made. 2 Lots smaller than 10,000 s.f. are allowed 1,500 s.f. of structural coverage. The 15 %structural coverage limitation was added to the code in about 1990 . Properties constructed before that date may exceed 15% without a variance. 3 The street side Oto 75 foot zone was recognized on this property. A variance was granted to allow 34.14% hardcover in the 75 to 250 foot zone and 6.18 percent in the street side Oto 75 foot zone. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Vogue ICF Homes 8219 Cleary Court Inver Grove Heights MN 55076 TYPE OF APPLICATION: Variances DATE OF MEETING: August 13, 2007 ZONING FILE #07-3266 NOTICE OF COUNCIL ACTION DATE OF NOTICE: August 14, 2007 COPIES: Benjamin & Karen Milbrath PO Box 1133 Spokane,WA 99210 Mark Gronberg (by fax) VOTE: 4 FOR 1 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the owners sign the three original resolution copies at the City Offices (Monday through Friday7:30 to 5:00, Friday 7:30 to 11:30 until Labor Day, 8:00 to 4:30 Monday through Friday after that). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than August 13, 2008. You are required to reimburse the City for engineering and legal costs. You will be billed shortly for those costs through July 15. That bill must be paid before the building permit is issued. Costs incurred after July 15 will be billed separately. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. 07012REVISED8.SCJ DESIGNED REVISION DRAWN --------------(~'/ -------·/} ------934-.s---" .:- / ------Is / ) ' I I o/!J I I /(] I I ~ ½3-/-../ .-· CERTIFICATE OF SURVEY FOR BENJAMIN D. MILERA TH I I I "" OF LOT 14, HENNEPIN '--.. ---------- ---------- 1 ........ I ..J BLOCK 1, COUNTY, BALDUR PARK MINNESOTA LAKE ~ \ \ I I I MINNETONKA NORTH ARM .-929.4 CONTOUR LINE 1 ~ I '--' LEGAL DESCRIPTION OF PREMISES Lot 14, Block 1, BALDUR PARK stm.FEHctPOST(T-POSt), MlNII.IUM ~• LOHO, O' MAXIMUI.I Sf'AQHC. 111i~.:~a11·~,.~ uaTO~off:!Slli)PEII.POST WO\mll.0ND(IUl.l£NTCEOroct\L£ }!t~:f~ ;:~~a~~!LS l /~.,:-~~~,v~~~r .... f?>11.,. :. ll'.::',"/.,,.,.,.l,lll":,m i •~= .. ,~ @]i:;~t\\'~ ... """ }'~J~~r~~ :t[l:1~ ~~t,tEJJlN ~ rrlNf::A'~r $Ill f£!{C(JkSTA~U.TIONMtnlOOSstlOVI.OOHL'l'B£USCO\IHEH Al'l'f!0','£00lfPIRtCTEPll'l'llttOTY. •1 ===~~00 1 STA~~B~~~AU S ,1,nd•rlllt&. W.CH!M£SUCEO i....__:__JI ,,. .. ,,..,1.1 .. l?==-:;;:~;;=~~~,;:-1"""""" :t•::r"'~!""'" ORONO, MINNESOTA PROPOSED ELEV A TIONS 1) Garage = 1933.5/ 2) Top of foundation = 1933.51 3) Lowest Floor = 1933.51 4) No basement o denotes iron marker set • denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum 1910.Si : denotes propos,:,d spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum -/]Q1}-: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, and the proposed location of a proposed house and driveway thereon. It does not purport to show any other improvements or encroachments. SCALE 1"=20' 4-3-07 HOUSE AND lllWEWAY REVISED Ass O CI ATE s' INC. I hereby certify that this survey was prepared by me, or under my direct supervision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. ~:::7 HOUSE PLAN REVISED DESCRIPTION $ GRONBERG AND I 3 I •-23-07 HOUSE. DRIVEWAY, ANO GRADES REVISED CONSULTING ENGINEERS LAND : CHECKED 4 I 5-2-07 HOUSE REVISED SURVEYORS, & SITE PLANNERS DATE 1-16-07 6-25---07 HOUSE MOVED 2' AWAY FROM LAKE. REVISED GRADES, FENCE SHOWN ON LOT 13 445 NORTH WILLOW DRIVE 1-2---01 PROPOSED GRADES REVISED LONG LAKE, MN. 55356 952-473 4141 ~./. Mark S. Gronber 07-012 JOB NO. 07-012 _,. . ..., ' ,., July 3, 2007 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1404 Baldur Park Road File No. 000139-07000-1 Plat No. 07-3266 Dear Evelyn: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com #aonestroo We have reviewed the revised survey dated 6-25-07 for the proposed house at 1404 Baldur Park Road. The plans show removing an existing home and construction of a new attached garage dwelling. We have the following comments with regards to engineering matters: • Plans should be submitted to the Minnehaha Creek Watershed District for review and approval. • This site is very flat and on average is only about two feet above Lake Minnetonka. The applicant has provided shallow drainage swales adjacent to lot lines that contain storm water runoff to the site. At 0.6%, the swales are at a flatter grade than we would typically accept. However, the applicant proposes to install draintile at the bottom of the swale to further improve drainage. • Minor grading (cutting less than one foot) within the 75 foot setback will be required to keep storm water runoff on the property. • We find this grading plan acceptable from an engineering standpoint. If you have any questions please call me at (651) 604-4894. Yours very truly, BONESTROO Cj ____ ~~ Darren Amundsen Cc: Tom Kellogg CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 TO: Vogue ICF Homes 8219 Cleary Court ( , .. · ZONING FILE #07-326( NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 17, 2007 COPIES: Benjamin and Karen Milbrath PO Box 1133 Inver Grove Heights MN 55076 Spokane WA 99210 Mark Gronberg (by fax) TYPE OF REQUEST: Lot Width and Area Variances Hardcover Variance DATE OF MEETING: April 16, 2007 Planning Commission recommended approval of area, width, hardcover and building height variances subject to the house being moved south to comply with the average lakeshore setback and hardcover not exceeding 3,000 square feet. VOTE: 5 FOR 1 AGAINST Applicant's next scheduled meeting is tentatively*: City Council-May 14, 2007 -Meeting starts at 7:00 pm *Tobe on this agenda the revised site plan and hardcover calculations must be received by May 1. 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. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 1/17/07 Date Application Considered as Complete: 3/12/07 60-Day Review Period Expires: 5/11/07 To: From: Date: Chair Kempf and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner April 16, 2007 Subject: #07-3266 Vogue ICF Homes on behalf of Benjamin and Karen Milbrath, 1404 Baldur Park Road -Variances Zoning District: LR-IC (0.5 acre) Lot Area: 0.28 acre acre Lot Width: 49.75 feet Application Summary: The applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the street side 0-75 foot zone when none is allowed and 43.68% hardcover in the 75-150 foot zone when 25% is allowed, and to not maintain the required lot grade elevation of 932.5 for 15 feet from the of the proposed structure. Sta.ff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections 78-350 Area, height, lot width and yard requirements. The following minimum requirements shall be observed: Lot Lot Front Side Area Width Yard Yard 0.5 acre 100 feet 30 feet 10 feet 78-1288 Hardcover Rear Yard 30 feet Side Yard Adjacent to Street 15 feet (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 7 5 feet and 25 0 feet of the O HWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. 78-1119. Standards for flood fringe permitted uses. FILE 07-3266 April 16, 2007 Page 2 of 5 (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. PlatMap E. Survey F. House Plans G. City Engineer's Report H. PC Action Notice dated March 20, 2007 (March 19, 2007 PC meeting minutes are elsewhere in this packet) Background This is a lot in Baldur Park, which was platted over 100 years ago. Until last December there was a small cabin on the property that dated from the 1920's. The Applicant proposes to build a two and a half story house with an attached garage. Because of poor soils the house would be built on pilings and grade beams. It would appear as slab on grade construction with no basement or crawl space. The property has two 0-75 foot zones, one on the street side, and one on the lake side. Part of the property is within the flood plain. The maximum depth of a flood on the property would be about one foot. Baldur Park Road is about at the flood elevation of 931.5 On March 19 the Planning Commission considered the application and tabled it for redesign. Specific direction was given regarding building height and hardcover. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 0.28 acre Lot Width 100 feet 49.75 feet Structural Covera2:e: Allowed Existing Proposed 1,806 s.f. 15.00% 0 s.f. 0.00% 1,805 s.f. 14.99% Hardcover Calculations: Hardcover Total Area in Zone Zone 0-75 (lake) 3,740 s.f. 75-250 6,035 s.f. 0-75 (street) 2,265 s.f. Total for Property 12,040 s.f. * Driveway taper not corrected Width and Area Variances: Allowed Hardcover 0 s.f. 0% 1,509 s.f. 25% 0 s.f. 0% 1,509 Existing Hardcover 0 s.f. 0.00% 0 s.f. 0.00% 0 s.f. 0.00% 0 s.f. FILE 07-3266 April 16, 2007 Page 3 of 5 Proposed hardcover 0 s.f. 0.00% 2,636 s.f.* 43.68% 364 s.f. 16.07% 3,000 s.f. The lot is located in the LR -IC, One Family Lakeshore Residential District requiring a minimum lot area of 0.5 acre and 100 feet of width at the shoreline and at the required 75- foot setback. This lot is 0.28 acre in area and 49.75 feet in width at the shoreline and at the 75-foot setback. Hardcover Variance: Hardcover is proposed to be 43.68 percent in the 75 to 250 foot zone when 25 percent is allowed and 16.07 percent in the street side 0-75 foot zone. This reflects the Planning Commission direction to reduce hardcover to 3,000 square feet. Floodplain Variance The floodplain regulations require that the bottom of the lowest floor of a building in the floodplain be elevated to the regulatory flood protection elevation (which is 932.5). Within 15 feet the building ground level must be no lower than one foot below this elevation. The Applicant proposes to maintain the required elevation only within a few feet of the building. Building Height Variance The code specifies that the height of the proposed house be measured from existing grade (931.5) to a point halfway between the top of the highest window and the peak of the roof. By this definition the house is 34.5 feet high. The windows are in the gable end. As the Planning Commission requested the dormers have been removed and the roof pitch adjusted so if the gable end windows were absent the defined building height would be 30 feet. The third level complies with the definition of a half story. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship FILE 07-3266 April 16, 2007 Page 4 of 5 because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Lot Width and Area Variances: The City routinely reviews these types of requests, and grants them when no other land is available for acquisition and the property existed in separate ownership from adjacent properties prior to adoption of the current zoning standards. This lot satisfies those requirements. Similar variances were granted for other properties on this road. Floodplain Variance: The properties on both sides of this property are in the floodplain. Swales are required along both side lot lines to direct the drainage toward the lake. Without the variance the house could be about 15 feet wide. This regulation is intended to prevent flood waters from washing away the fill around the foundation and undermining it. This is not an issue with the grade beams and pilings. Hardcover: The applicant reduced hardcover by changing the third garage stall to a porch and enclosed entry. This eliminated the driveway to the third stall and the sidewalk to the front door. Staff is concerned the garage is only 22 feet wide by 20 feet deep and suggests the Applicant consider if it could be enlarged by taking a few feet from the mud room to provide a bit more storage space for garden and recreational equipment. The driveway taper needs to be revised to comply with City standards. This should be done with no increase the amount of hardcover. Is the proposed height variance reasonable? A code change that would exclude gable end windows from the building height calculation has been recommended by the Planning Commission and is under study by the City Council. Is the proposed house compatible with the surrounding area? The house to the west (1400) is built into the side of a hill. The grade on the east side of 1400 is at the same level as the Applicant's lot. The grade to the west side of 1400 is six to ten feet higher. The garage floor of 1400 is about two feet below the garage floor of the proposed house. On the street side 1400 has a peak height of 30 feet. The taller side wall facing the Applicant's lot is about 24 feet high. The house to the east (1408) is on a flat lot that is roughly at the same elevation as the Applicant's lot. It is two stories with a peak height of about 27 feet and a side wall height of about 20 feet. The proposed house would have a peak height of 38 feet from existing grade and a side wall height of 22 feet from existing grade. Finished grade adjacent to the house would be two feet higher than existing grade (because of the floodplain regulations). The Baldur Park area is in transition. Older homes are being replaced. Of the 52 lots in the area between Tonkawa Road and the channel between Crystal Bay and North Arm, 39 lots appear to be substandard in area and width. FILE 07-3266 April 16, 2007 Page 5 of 5 This is the third house to be replaced on Baldur Park Road in recent years. The others were: Address Lot 75-Fdn. Total Hardcover Hardcover Area 250 Size Hardcover 0-75 75-250 ac. Area 1392 .729 15,190 3,611 5,606 8.7%* 30% 1436 .19 4,132 1,500 2,418 24.39% 36.16% 1444 .19 5,180 1,500 2,330 0 44.98% * Property has two 0-7 5' zones Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends: 1. Approval of the width and area variances. Stories Peak Height Two plus 37'(est.) basement Two 28' Two 34' 2. Approval of the floodplain variance subject to approval of the grading plan by the City Engineer and the MCWD. 3. Approval of the hardcover variance for the street side Oto 75 foot zone and the 75 to 250 foot zone subject to the driveway taper complying with City Standards with total hardcover remaining at 3,000 square feet or less. 4. Approval of the height variance. City of Orono Variance Application EXHIBIT A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application# 07 -,3 2 l.,k::, Date Received: Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 ------Amount Paid: _s~42=·0C=-""'--) ___ _ Sfaff: 6T Fee: $600 --------Renew a I: $300 ----'---=-------After-the-fact: $1,200 Double Fee This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: VO &Lr& 1) Cir: /n:1<1 ~ s Phone (home): bS ; -~[(£; _ C'(}:EJS Phone (work): i£ ( :l .--;;b:50 -9,300 Address: 8 ;;__ l q Q.e-A&,l{ Cc1tl~Zr Email: "Jol~k\.V06UE @) hoT<JMa j I .. C-of-1 Fax: fvSi~ (,: ?f~ ,_ 4S"t5" OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: [¼-'/U_J. i/ · , · -:-: I -Q -:.{- Phone (home): lei±--2-:4-57~ e7 &Cv Phone (work): /-'ifc;O-(e 7h-8"32,3, Address: ~C"I f.,,v /(/c'2__ S tDt;;_ fh/E; 'v/'16-,JO S O V , er,+V Email: 13 MIL-'c t-1 ct.co_. COM Fax: 1.:... 5 -CJ-4s-_~,-ft:-<Pf.2 DESCRIPTION OF REQUEST: Estimated Project Cost: $ I ;30u,ow ,CQ_ Descri,be the request in detail (attach additional sheets if necessary): U/E-t;u'fJ/Ui--1 rO ' BU.IL() ,1 /fn-1.G: OAJ 1tff'.: flpuvr--;D&PG/lrif, cs-~ OF it!G REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. rzr/ Pre-Application Meeting Form, completed by a City Planner. 0 Completed Application Form · □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction . ....-□ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations, and proposed grading and drainage. *For lakeshore properties the contours should be shown extending 50' into the / adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. ~ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regar e 1 of it~ potential merit. Applicant's Signature: / a,,{/(_,,.--._ / {,~· -,1._ 7==-------D1ate: /-/&--07 Applicant's Signature: // Date: V OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verificatio__ this request. Owner's Signature: Owne·r•s Signature: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at ail 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 representative attend in place of the applicant and advise the City Planner assigned to your project. --- City of Orono , Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .*) Street Address: · Mailing Address: P .O. Box 66 For Office Use Only: + 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 City Planner: e,,; Meeting Date/T-i m_e_: -------,l""'"'/,....,..'r':-,/,_C)-,-7=---1-·-3--.,6 __ _ PC Date: (e.Jo vu4 ; 2..c:::0 7 Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: 1.iJ L1 :2 i · f Site Address: :J D I J_2 A ~dvv r-n!IC. e oA--Q} Property Identification Number (PIN): Zoning District: L R -I C-Size of Property: _________ _ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback G3'tot Area taC.ot Width Q-Hardcover □ Lot Coverage GYOther: ~up .fuc e J e..,u A.\-ih..q I V1 [( 0c:d p (vq I (/\ ()Y\ CT A'lA.J \ s: y?A CQ__ r-e-tl:b<w ~ C ll Applica+-t' HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: 1 understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. . . OTHER INFOR MATION: *Pl ease note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be c1 mpleted by City staff . Appli ca nt Sfgnature: L ' L / ,;,..✓.,_·~/ --· ~ E:'<JHBIT Page 1 of 3 B HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance wiJl.affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." ,1-,e:: -st1ttLL l-,DT t:1B11..c~2 rne s1zf of 1ffe-- fft.U--H:-ttLkOtO( D TD l3 E-T:vo Snt/tkL Ec)fc fl: Pal± ftCtfL 2. 3. 4. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." D··I 6 L d-zu f> in S. µ Et=;/U (A IV ct:lmY 6 GO &f. l) u E,e.. 3o ,, Emis I "The variance, if granted, will not alter the essential character of the locality." TH£ fJ (:_,/,U l:tt? H& UJ/LL--(2, 6 pc::.5161UG ~ t D Prr I fU ~c 1 Tfi T ti C IJ l.l~id fJcJ(l J#>OD "Economic considerations alone shall not constitute an undue hardship if reasonable use for the pr<?perty exists under the terms of the Zoning Chapter." 5kt'1 c " s +r 3. 5. 6. 7. 8. 9. 10. 11. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." /J If± "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." f» G Du (fJoT w dtVT A/J~ 1lir,ucs G/Z/(JL,'"f<::-p TD 1/iCS _ ft2-cJ&cr _ Tit{1T dfrS Af?l: Ai-~C::JtQ~ ~d'£;u 04/2-/11\J,co TV OTl-fctl liz'1vt&S 111) tH/5 -za,ue, "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 11. J I 1i I --I I "The special conditions applying to the structure or land in question are peculiar to such property or immeqiately adjoining _Erop~~y I. S Jt7:1 ~ A '> --1=f ~ "The conditions do not apply generally to other land or structures in the district in which said land is located." A L-L tliE; S u(lfl:eJ u,uD 11U6 tb·0GS li1W E.;_ "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the app!lcint." $.A:1:1 ~ fr$ #' "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." - 'tH JS l/-4R. 111--,J CG 4,'--ZL L fditt /J ({ Ger frtU t/ 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." +/i E \I ft (L llt/U c 6 IS /!! ~(-bG D 'fC fl>U(L t> Pr Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): J-1 l,-07 4-3--NO l.1-tArJGE HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) @) 75-250' 250-500' : EXISTING HARDCOVER IN ZONE 1'-\012.1tf (\t:\la.,s~Je__,") A House ______ x Length Widtl1 X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X -x F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE () TOTAL PROPERTY AREA IN ZONE 3740 A B X 100 ·o PROPOSED HARDCOVER IN ZONE. A House X = Length Width X = X = X = B. Garage X C. Driveway X -x = D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B X 100 t:5AL.OtU< r>A r<f( Lor I~ 61..@ae I EXHIBIT C S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. - S.F. S.F. S.F. S.F. S.F. A S.F. B % S.F. S.F. S.F. S.F. S.F. S.F. S.F .. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % ---------=-......:....:-=---,-,_=-----=-==--,;:_- t5tl'4 /lh t:s,~itrn+ ~ BALOl}R lJAt~?it 4-'. n LOT I 4t @t..o "1"' HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (Q-75:) 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE Sovrlf (6ffu\--£1.de.. \ A. House X S.F. Length Width X S.F. X S.F. X = S.F. B. Garage X S.F. C. Driveway X = S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. -x S.F .. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. Or Fabric G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOT AL PROPER TY AREA IN ZONE S.F. B A B X ]00 % PROPOSED HARDCOVER IN ZONE. A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway 3b4 F P1<0(5 b~ED X = S .. -o(.lnH:u>JVy ·X S.F:·· . D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. Or Fabric G. Other X S.F. TOTAL HARDCOVER IN ZONE 36':f_ S.F. A TOTAL PROPERTY AREA IN ZONE 221,5 S.F. B A B X 100 = I fu.(Y:{.. % 8E:t--l )/111.,. BR.Ai I+ ~ l:SAL.OtM! iJA:if(!(; 4--: '7 Lor l't,, B'1t,.,1;,q,r; I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. -x s.F.· F. Landscape X S.F. Underlain X = S.F. By Plastic X S.F. Or Fabric G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % PROPOSED HARDCOVER IN ZONE. pr:;u,eo,Eo A. House X = \BOS-S.F.-HOUSE. Length Width X S.F. X = S.F. (ON C~iTE' X = lQ S.F.-Fo1< SIDE COOi B. Garage X S.F. Pr<c,P.f>:::r:o C. Driveway X 650 S.F. -Qfl!ivf\vA_r ·X S.F: .. D. Sidewalk lt,D B.41._ Yi Pf<OP,:?$1::0 X S.F. -~;1 .-:;;,fw;,,;u,l X S.F. E. Patio/Deck 14-,b7 X C,,3J 132 0,.?o(-!>o5frD S.F. -Ptf'fl £..'11 X = S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X = S.F. Or Fabric G. Other X S.F. TOTAL HARDCOVER IN ZONE 2b3k S.F. A TOT AL PROPERTY AREA IN ZONE 6035' S.F. B A B X 100 :f~,613 % EXHIBIT D ________ __r-- \ \ \ \ c;-\ g\ \ I I I I ~~~...:..:,..~...:i.i I (931.7)/ ✓ ____ --9r. .,,,,.---- / \ ( \ I ' I \ I \ I \ I \ ) \-9~/ N N -0 0 L.[) f") 0 L.[) N z \ \ I I I \./ . ----~\-?5·· .... / 93\.6 ····• ................. 50.00·· .. •· .. • .. ······· .... N 70°42' 00" W <.O CX) ~ N /, " j..) \ ...... L.[) f") L.[) o (9(933i1'.'i\.2)~....:..;....,.........:~ (931.1) N 0 t0 0 C) •. n\1 / tn tl1 , ~ ~ -z >-l d lIHIHX::I ~ ~!! ~Ir ![f[I E iV i it''. 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I ~ ;-~ ~ :- ~ c; ·~ ,~ ·--~ l- J ~ I ~ ~ ~ 1 f ~ Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Exterior Elevations ! :Ill j I:... ti I I I 11 :;1~ t I IF ~/~ 9fi ~ Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (1'17) 250-9300 ~ :r;!f: r~J~· •;dl t/j~i!:~ '--.r' I ~~ ;:i.. Cl) ~ r,:, ;::-.... ~~~ .... ~ ;::-~ ~ ~ tl'J = t,J' ~ - r=:-• -1~ :-! ~,[ i Ilfli' •. a: ,;_ i i 8 0 !!I -1~1~ ~ ~~1 Milbrath Residence ~1~1111111 lfll New Residential Construction 1404 Baldur Park Road Orono, Minnesota ~1 ~ lll~H~il I First Floor Plan ~ <,1 ., i it---=-~-itl( ~ "rl" --T , -I· --~, r~.,. 1~ ·rt ' . r • "II~ j II J, di i:;1U ,6 , l ~ I 1~--~· ., -J, •.. , ,' -.. ! J Vogue ICF Homes ~ ~.,h en~ ('I>;::-~ 2618 Casco Point Road ~~HJ ~ .... $:l fi!'f ;:-;::- Wayzata, Minnesota 55391 ;:;· ~ ;:it (6 1 ?) 250-9300 s e;Q. ('I> ;:: r.r,' r.r, "'I $:l - 00f6-0!il (lo9) I6f!i!i v1osauu1w 'vivzlivM pvo}l 111/Dd o,sv;::> 8l9l U'Bld O!lll;f f----------~- ~ i t~ la:; ,< °Ei" 'B)OS8UU!V\I 'OUOJQ p'BOl::I )!J'Bd JnPi'BS 17017 ( uo1ionJ1suo0 1e11uap1sa1::1 M8N H ~1z 1~ 0 April 12, 2007 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1404 Baldur Park Road File No. 000139-07000-1 Plat No. 07-3266 Dear Evelyn: EXHLBIT G 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com We have reviewed the revised survey dated 4-3-07 for the proposed house at 1404 Baldur Park Road. The plans show removing an existing home and construction of a new attached garage dwelling. We have the following comments with regards to engineering matters: • Plans should be submitted to the Minnehaha Creek Watershed District for review and approval. • Proposed 932. 5 and 933 contours should be shown to the south of the house. • It appears the proposed grading to the east of the garage will direct runoff to the property to the east. A swale should be graded in this area such that runoff will be directed to either the lake or the drain tile inlet. We would encourage the applicant to contact the property owner to the east ( 1408 Baldur Park Road) to discuss possible cooperate drainage solutions in this area. • It appears that runoff near the southwest corner of the house will be directed onto the property to the west. An attempt should be made to grade this area such that all runoff is contained on the subject property. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO ;;;;1/£.- Tom Kellog;cy- St. Paul St. Cloud Rochester Milwaukee Chicago CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4600 TO: Vogue ICF Homes 8219 Cleary Court ZONING FILE #07-3266 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 20, 2007 COPIES: Benjamin and Karen Milbrath PO Box 1133 Inver Grove Heights MN 55076 Spokane WA 99210 Mark Gronberg (by fax) TYPE OF REQUEST: Hardcover, Lot Width and Lot Area Variances DATE OF MEETING: March 19, 2007 Planning Commission tabled your request for redesign: 1. Remove the dormers from the roof and satisfy the 30 foot building height requirement, ignoring the gable end windows. 2. Reduce hardcover to 3,000 square feet. Suggested ways of doing this: Eliminate the third garage door and the driveway for that garage door. Move the front door to the street side of the house, reducing size of sidewalk. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting tentatively is*: Planning Commission April 16, 2007 -Meeting starts at 6:00 pm * Revised plans must be submitted to the Planning Department and the City Engineer before April 3 to be on this agenda. 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. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. EXH1BIT l-I ,.,,_,;roval oj ::;, .. ;_ ,; , j MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3255 Catherine Sweet, Continued) Kempf stated 20 foot wide by 24 foot deep. Berg commented 22 feet is more standard. Kempf stated a standard overhead door is 16 feet wide and that there are a number of garages that have two feet on either side of the overhead door. Turner stated given the required IO-foot separation from the house, it probably is not likely to be able to move the garage that far forward but that the garage could be angled slightly to help accomplish a flatter approach. Zullo suggested modifying the proposed garage to 20 feet wide by 24 deep and require a five-foot setback. Kempf suggested the garage also be brought forward. Zullo moved, Kroeger seconded, to recommend approval of Application #07-3255, Catherine Sweet, 3405 Crystal Bay Road, granting of a five-foot setback variance, hardcover variances for the 0-75 foot zone and the 75-250 foot zone, and requiring the garage to be reduced to 20' x 24' and brought forward slightly to meet the five-foot setback. VOTE: Ayes 7, Nays 0. *6. 07-3259 LAKE COUNTRY BUILDERS ON BEHALF OF KATHY AND GARY GANGSTEE, 1374 REST POINT ROAD, VARIANCE Winer moved, Zullo seconded, to table Application #07-3259, Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road. VOTE: Ayes 7, Nays 0. NEW BUSINESS 7. 07-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDOR PARK ROAD, VARIANCE, 8:00-8:38 P.M. John Vogstrom, Vogue ICF Homes, and Darrin Hahn, were present. Turner noted the recently submitted survey matches the footprint of the house plans. Turner stated the applicant is requesting the following variances to construct a new house: 1. A lot area variance of .28 acre when 0.5 acre is required; 2. A lot width variance of 49.75 feet when 100 feet is required; 3. A hardcover variance to allow 16.07 percent hardcover in the south 0-75 foot zone when none is allowed; PAGE 14 J MINUTES OF THE Item #OJ -PC Agenda -04/16107 '-,,,roval of Meeting Minutes 03/19107 [Page 15 of 38] ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) 4. A hardcover variance to allow 48.07 percent hardcover in the 75-150 foot zone when 25 percent is allowed, and to not maintain the required grade elevation for 15 feet from the proposed structure. The applicant proposes to build a two and a half story house with an attached garage. The property is located in the LR-IC, One Family Lakeshore Residential District requiring a minimum lot area of 0.5 acre and 100 feet of width at the shoreline and at the required 75-foot setback. This lot is 0.28 feet in width at the shoreline and at the 75-foot setback. Due to poor soils, the house would be built on pilings and grade beams. It would appear as slab on grade construction with no basement or crawl space. The property has two 0-75 foot zones, one on the street side and one on the lake side. Part of the property is within the flood plain. The maximum depth of a flood on the property would be about one foot. The flood plain elevations require that the bottom of the lowest floor of a building in the floodplain be elevated to the regulatory flood protection elevation of932.5 feet. Within 15 feet the building ground level must be no lower than one foot below this elevation. The applicant proposes to maintain the required elevation only within a few feet of the building. Turner stated City Code specifies that the height of the proposed house be measured from existing grade to a point halfway between the top of the highest window and the peak of the roof. By this definition, the house is 34.5 feet high. The windows are located in the gable end. As proposed, the third level may be slightly too large to be considered a half-story. The pitch of the roof may have to be reduced slightly to reduce the portion of the third level with a floor to roof joist measurement of five feet or more from 18' 7.5" to 18 feet. The Planning Commission recommended approval of a code change that increases the side setbacks for wider lots, regulated peak height based on the width of the lot and disregard windows in gable ends when determining the building height. This item was tabled by the City Council for further study of the setback and peak height portions of the code change. The basis for disregarding windows in gable ends was that they did not add to the mass of the roof. The proposed code change would limit this property to a peak height of 37.5 feet. As proposed, the peak height would be about 38 feet. Planning Staff recommends approval of the following: 1. Approval of the width and area variances. 2. Approval of the floodplain variance subject to approval of the grading plan by the City Engineer and the MCWD. 3. Approval of the hardcover variance for the street side 0-75 foot zone. 4. Approval of the pea height variance if the comers are removed and the Commission determines it appropriate. 5. Approval of a hardcover variance but not to the extent proposed. PAGE 15 MINUTES OF THE Item #OJ -PC Agenda -04/16107 _,roval of Meeting Minutes 03/19/07 [Page 16 of 38} ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Vogstrom noted the patio on the plans should be moved further down and would be located within the little cove on the house. Vogstrom proposed to install two 3-foot pads for the driveway with grass in between to help reduce the hardcover on the property. Turner stated the Code specifies the whole width of the driveway would be counted as hardcover even if there is not a hard surface over the entire width. Vogstrom suggested the City consider allowing permeable pavers. Berg noted at the present time permeable pavers would still count as hardcover. Hahn stated the biggest hardship with the property is the bay located on two sides. Zullo expressed a concern with the need for a height variance. Kroeger suggested the height of each story be reduced slightly. Berg stated the height of the house goes towards the massing that is noticeable on the lot, and given the smaller size of the lot, it may be necessary to reduce the size of the house. Vogstrom pointed out there would not be a basement or other storage available in the house and that there is a need for a three-car garage. Acting Chair Kempf opened the public hearing at 8: 16 p.m. Kristie Anderson 1408 Baldur Park, stated she has a concern with the runoff that might be created as a result of this project, especially given the amount of hardcover being proposed for the lot and the fact that their properties are located below the floodplain. Anderson stated in her view the size of the house does give the appearance of a lot of massing on the site and that the height of the house should be reduced. Hahn stated they will be reducing the ceiling height of each floor by six inches. Anderson inquired what the ceiling heights would be. Hahn stated it would be 9.5 on the main floor and 9.5 on the second floor. Anderson noted the neighbor on the other side of this property is out of the country at the present time and encouraged the Planning Commission to keep his best interests in mind. PAGE 16 MINUTES OF THE Item #OJ -PC Agenda -04/16/07 _,roval of Meeting Minutes 03119/07 [Page 17 o/38] ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Turner noted the height numbers were determined from the existing grade and that two feet of fill would be brought in to raise the floor, which would be counted against the height. Turner stated the peak height would be 38 feet and the average height would be 34.5 feet by measuring halfway between the peak of the roof and the top of the windows. George Stickney, Orono, inquired what the total hardcover is on the property, including the 0-75 foot zone. Stickney indicated he is not opposed to some variances for this property but that he has a concern with the height of the structure. Hahn stated the middle of the roofis at 30 feet. Zullo commented the concern deals with the overall project and the amount of total massing on the property as well as the height of the structure. Zullo stated she is not supportive of the project based on those two concerns. Acting Chair Kempf closed the public hearing at 8:24 p.m. Kang expressed a concern with the hardcover and the height, and encouraged the applicants to design a smaller house in an effort to reduce the hardcover on the lot. Kempf noted the total hardcover for the lot is 3265 square feet. Kempfrecommended the hardcover be reduced to below 3000 square feet. Kempf suggested the applicants consider constructing the third stall to be accessed through the double garage door. Vogstrom indicated they are willing to redesign the house to better conform to the recommendations of the Planning Commission. Kempf stated he appreciates the indentations designed into the house to help break up the appearance of massing on the lot but that the two dormers on each side of the house appear to be rather large. Hahn stated the dormers are merely decorative and could be reduced. Berg commented the dormers tend to contribute to the overall massing on the lot. Berg recommended the applicant work with Staff on redesigning his plans. Winer noted page three of the report states the house would be constructed on pilings and that the house must comply with the regulatory flood protection elevation. Turner stated a floodplain variance is one of the requests the applicants are making because if they were required to meet that standard, the house could only be approximately 15 feet wide. Winer stated in her opinion there is going to be flooding in this area. PAGE 17 MINUTES OF THE Item #OJ -PC Agenda -04/16107 . , ,;roval of Meeting Minutes 03119/07 {Page 18 of 38} ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Turner stated under the floodplain regulations, the applicants are required to create storage capacity and that those plans are reviewed by both the City and the Minnehaha Water Shed District. Vogstrom stated the latest grading plan does address those issues raised by Staff. Turner noted the City Engineer's comments are regarding the first plan and not the plan that is before the Planning Commission. V ogstrom indicated they will redesign the house in an attempt to meet the concerns raised by the Planning Commission. It was the consensus of the Planning Commission to require the hardcover be reduced below 3,000 square feet. Kroeger moved, Berg seconded, to table Application #07-3266 Vogue ICF Homes on behalf of Benjamin and Karen Milbrath, 1404 Baldur Park Road. VOTE: Ayes 7, Nays 0. *8. 07-3269 SHERRY EV ANS, 1380 RAILROAD A VENUE, VARIAN CE Winer moved, Zullo seconded, to recommend approval of Application #07-3269, Sherry Evans, 1380 Railroad Avenue, granting of setback variances subject to the submission ofan updated survey showing the proposed addition and hardcover calculations with the building permit application. VOTE: Ayes 7, Nays 0. 9. 07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE, VARIANCE, 8:38 -8:58 P.M. Milo Thompson, Applicant, and Jeffrey Sweitzer, Architect, were present. Curtis stated the applicant is requesting the following variances in order to construct extensive additions to the existing home: 1. Lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required; 2. Side yard setback variance to allow construction within the 10 foot required side setback. The additions are proposed to be constructed above existing portions of the home with an eight-foot side yard setback where a ten-foot setback is normally required; PAGE 18 Mar 19 07 04:08p Kristi Anderson ·it ~ \J e ~ \ A City of Orono Planning Commission March 17, 2007 Dear Commissioners, 952-471-0608 As the City of Orono's Recorder for the past 5 years, only to have left last summer, 1 am aware of the various City Codes and Ordinances, with regard to new construction, as well as, the risks that accompany precedent setting actions. As the adjacent property owners of 1408 Baldur Park Road, it is our concern that the proposed new construction for 1404 Baldur Pk Rd will cause us undue hardship with regard to additional water and drainage. As you may be aware, we are already at/below floodplain and cannot accommodate additional runoff or water on our property. (We have photos for exhibit) It is a concern that allowing hardcover in excess of 48% and the mass that accompanies it, will have detrimental effects on our property -not only are these hardcover figures well over the allotted 25% , more realistically they are even in excess of the precedent set within this neigl:lborhood of 30-44%. In addition, the height only accentuates the massing which concerns us as well. I support many past Planning Commissioners rationale that small lots do not a hardship make-in fact, past Mayor Jabbour has commented many times · small lots, small houses. _I have examined the plans and am impressed with the attempts to minimize some impacts with regard to structural cover and side setbacks, but want to ensure that our rights as adjacent property owners are not adversely impacted -Causing us thousands of dollars in repairs due to additional water issues. By granting the builder one variance, there is concern that you may have caused us two in return, and thrust a hardship situation upon us. I am aware that a true definition for a 2 ½ story is somewhat loosely defined and has not been pinned down, but also question where the 30' height limitation comes into play, as this home clearly exceeds this without a hardship to support additional height. Sincerely, Kristi and Bill Anderson 1408 Baldur Pk Rd Wayzata. MN 55391 p. 1 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. Beck stated they would not be finished. .• I ~ Kempf stated in his view the applicants did respond to the direction of the Planning Commission Chair Kempf opened the public hearing at 7: 10 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 7:10 p.m. Kempf moved, Kang seconded, to recommend approval of Application #07-3262, James and Corrine Beck, 3820 Cherry Avenue, granting of a lake setback of 41.3 feet for the house and 29 feet for the deck, a side setback variance, hardcover variances, and a height variance. VOTE: Vote 4, Nays 2, Berg and Kroeger opposed. ,,,,,: Kroeger stated he would like to see the three story issue resolved and that there is a better way to deal with this issue. Berg stated she is opposed to the increase in massing on the site. 5. #0-3266 VOGUE ICF HOMES ON BEHALF OF KAREN AND BENJAMIN MILBRATH, 1404 BALDURPARKROAD, 7:11-7:50 P.M. John Vogstrom, Vogue ICF Homes, and Darrin Hahn, Architect, were present. Turner stated the applicant is requesting the following variances to construct a new house: 1. A lot area variance of 0 .28 acre when 0 .5 acre is required; 2. A lot width of 49.75 feet when 100 feet is required; 3. A hardcover variance of 16.07 percent in the street side 0-75 foot zone when none is allowed and 43.68 percent hardcover in the 75-150 foot zone when 25 percent is allowed; 4. A variance to not maintain the required lot grade elevation of 931.5 for 15 feet from the end of the proposed structure; 5. A variance to allow windows in the gable end of the half story. The applicant was directed to revise his plans at the last Planning Commission meeting and that the applicant has submitted a revised plan, which is before the Planning Commission tonight. Turner stated the applicant was also directed to remove the gables, which have been done, and to reduce hardcover. Hardcover has been reduced by changing the garage to a two-car garage, which eliminated a portion of the driveway in front of it and the sidewalk. PAGE9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. Planning Staff recommends approval of the width and lot area variances; approval of the floodplain variances subject to approval of the grading plan by the City Engineer and the MCWD; approval of the hardcover variance for the street side 0-75 foot zone and the 75 to 250 foot zone subject to the driveway taper complying with City standards with total hardcover remaining at 3000 square feet or less; and approval of the height variance. Turner stated it was pointed out to Staff today that the neighbor's rail on his deck is less than six feet above grade and therefore results in a change in how the average lakeshore setback line should be determined. This change requires relocating the house approximately three feet further from the lake. Vogstrom stated he is not opposed to relocating the house further back but that he was just recently notified of that Sunday night and he did not have time to revise the plans. Vogstrom inquired what elevation the first floor needed to be at. Turner stated the variance deals with the floodplain requirement-&BQ that ~ the grade around the house that should be at 931.5 feet. The floodplain f€;gul.itiot1s i:eqwe 931.5 feet for fifteen feet out from the houseiffid~ot 932.5 feet} Turner stated the floor of the houses~ remain at the 933.5 foot elevation as required by the Watershed District. M"'1:ot Vogstrom stated the next door neighbor requested they keep the house as low as possible but that he would like to keep the house at the 933 foot elevation. Vogstrom noted they did reduce the height of the structure as well. Vogstrom stated the homeowner would like to widen the driveway from its current eight-foot width to 9.5 feet. Vogstrom stated in relocating the house three feet further back,~ would reduce the proposed hardcover somewhat.& O +\'\~ c.w\.d "" u}LI/\ -\V\e... &nvQ.~ Vogstrom stated they would like to keep the jog of the house lined up with the neighbor's house, which is also the neighbor's request. Kroeger inquired whether the applicant would meet the 3000 square foot hardcover limit. Vogstrom stated he would be very close but might be 20 to 30 feet over. Gaffron stated relocating the house would eliminate 24 feet of hardcover and that by widening the driveway to 9.5 feet the applicant would be over on the hardcover. Vogstrom indicated he would like to get the surveyor out there to see exactly what the hardcover would be at. Hahn stated there is a concern about backing out the 90 feet on an eight-foot wide driveway. t,vi\-%\. ~ Mf'V Al--2.:1 Turner stated the driveway would need to be reconfigured aRil lie a-ta 2.1 slope. Vogstrom stated they would look at reconfiguring the driveway. Berg recommended the new hardcover numbers be submitted prior to the City Council meeting. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. Kempf stated the Planning Commission has limited the hardcover to 3,000 square feet or lower. Vogstrom stated he would look at the hardcover and would attempt to comply with the hardcover limit set by the Planning Commission. Chair Kempf opened the public hearing at 7:25 p.m. Charles Reid, 1400 Baldur Park Road, stated he has resided in this area for 32 years and that one of the biggest issues he has is the water runoff. Reid displayed photographs illustrating the water runoff onto his property and expressed a concern about the runoff that would come from this property. Reid stated he was not able to move his house any closer to the side lot line at the time he constructed his house. Reid stated he was also told his house could not be taller than 30 feet tall and that his entryway is seven feet tall. Reid noted the applicant is proposing a 38 foot peak and that this house would be taller than the two adjoining residences. Reid stated the downspout would force more water down the front and onto his property. Currently his property floods every year. Reid noted his front yard is lower than lake level and that he was promised by the City Council that that area would be bermed and force the water away, which has not corrected the problem. Reid stated he would lose his view of the lake if the house is constructed where proposed and at its proposed height. 30 Reid stated he was told he could have no more than 4(7 percent hardcover and that he has issues with the height of the structure, the density, and the runoff issues. Reid stated the applicants should be limited to what he was allowed on his property and that a house of this density would create additional runoff problems on his property. Bill Anderson, 1408 Baldur Park Road, stated he has spoken with the homeowner and attempted to work out the issues with the builder. Anderson stated he is in agreement with Reid and that there are severe drainage issues in this area and that the ground is very soft in this area, which may have difficulty supporting a structure of this size. Anderson indicating they do appreciate sliding the house back but that the peak of the house at 38 feet would put this residence at approximately 13 feet higher than their house, which adds to the massing in the neighborhood. Anderson indicated they have created a swale on their property to help collect the water and that he is unsure whether there is any solution to help keep the water off the other adjoining property. Chair Kempf closed the public hearing at 7:38 p.m. Turner stated the City Engineer is aware of the drainage issues and that some changes would need to be made to the applicant's drainage plan. In regard to Mr. Reid's lot, there is a slight berm along the lakeshore, with the ground being lower behind the berm, and that it is unclear whether the water can drain down to the lake pf@~Cdj'. Turner stated the applicants are proposing to cut an area through the berm to help the water drain down to the lake. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. Reid stated the lakeshore was rip-rapped and that there were no plans for there to be a dip in the berm. Vogstrom stated they experienced the same type of problem off of Shady Oak Road and that he is willing to work with the neighbors on the drainage issues. Vogstrom stated he is confident that he can help lessen the runoff to Mr. Reid's property and that there should be no additional runoff onto his property as a result of this project. Kempf stated the pictures produced by Mr. Reid demonstrate that the icing over the years has caused some of these ponding problems. Reid stated he did install a pipe on his property a number of years ago and that the pipe is now lower than the lake level. The berm has not been receded by the lake and the ponding is not caused by the ice. Reid indicated he has not raised the elevation of his yard like his other neighbors have. Chair Kempf closed the public hearing at 7:40 p.m. Vogstrom stated he does plan on relocating the house five or six feet back to help resolve the neighbor's concerns with his view. Zullo stated there appears to be cooperation between the neighbors and recommended that the applicant have a definite drainage and grading plan submitted to the City as well as a revised plan depicting the new location of the residence prior to this application going forward to the City Council. Vogstrom stated he did not find out about the location of the deck being changed until this morning and that he is willing to submit a plan showing the new location of the residence. Vogstrom stated he already has a drainage plan that he has submitted to the City. Kempf concurred that Mr. Reid does have a severe water problem, which would exist even if this property is developed. Kempf stated it appears the drainage in the area would be improved with this project and that he would like to see the hardcover kept at the 3,000 square foot limit. Kempf noted there is a 20' by 22' garage, which allows for very little storage. Vogstrom stated they had to reduce the size of the garage in order to reduce the hardcover and that they are planning on having a storage area above the cars. Kempf stated the Planning Commission had indicated they would be in agreement with the proposed peak height if there were no windows in the gable end of the building, which the applicant has complied with. Kempf moved, Kroeger seconded, Application #07-3266, Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldor Park Road, to recommend approval of a lot area variance; lot width variance; hardcover variances to allow 16.07 percent in the street side 0-75 foot zone and 43.68 percent hardcover in the 75-150 foot zone, with a maximum hardcover not to exceed 3,000 square feet; a variance not to require maintaining the normally required lot grade elevation; and a building height variance if the gable end windows are not present; subject to tapering the driveway to meet City standards without increasing the hardcover over 3,000; and subject to the PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. City Engineer's recommendations and the Watershed District recommendations; and relocating the house five to six feet further back. VOTE: Ayes 5, Nays 1, Zullo Opposed. Zullo stated she would like to see the final plans showing the relocation of the house and the drainage for this lot prior to moving the application forward to the City Council. NEW BUSINESS 6. 2001 SUGAR WOODS DRIVE -APPEAL OF WORK IN PROTECTED AREAS, 7:50-8:05 P.M. Andy Anderson, Applicant, was present. Gaf:fron stated the applicant has filed an application seeking to waive the requirements or standards of the covenants of the Sugar Woods Development. The first part of the application involves removal of trees greater than two inches in diameter within the required yards and the second part involves grading within the required yards. A special review procedure was established by the City in dealing with requests of owners who are unable to meet the special standards agreed upon by both the City and Developer Sid Rebers in the early 1990s for the Planned Residential Development of the Sugar Woods subdivision. The Anderson application includes the following: 1. A request to vary from the standard that prohibits the removal of trees greater than 2 inches diameter at four feet above grade, within the "no grading zone/woodlands protection area,", i.e., in the setback areas defined within each lot. Tree removal is proposed to allow for grading to help eliminate existing drainage problems on the site. Tree replacement is proposed. 2. A request to allow grading within the protected area, to help solve the drainage problems on the site. Council has approved an abbreviated process for all such requests whereby the Planning Commission shall assume the sole responsibility for the review and final recommendation regarding the special requests. Each applicant shall have the right of appeal to the Council of all decisions of the Planning Commission. In other words, should the application be denied or a tie vote occurs, the applicant would have the option to then proceed before the Council. This is brought to the Council as an appeal and would involve payment of a fee. The applicant is a resident of Sugar Woods and is replacing his existing home. Staff has been advised by the applicant that the Sugar Woods Homeowners Association has reviewed the house and site plans and has granted their approval. There are a number of factors with the applicant's site that could be considered as unique or limiting site conditions: PAGE 13 Date Application Received: 1/17 /07 Date Application Complete: 3/12/07 Extended Review Period Expiration: 8/31/07 Department Approval: Name: Evelyn Turner Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3266 Vogue ICF Homes, 1404 Baldur Park Road Date: July 9, 2007 Item No. 5 Agenda Section: -Lot Width, Lot Area, Floodplain and Hardcover Variances Zoning District: LR-lC (0.5 acre) Lot Area: 0.28 acre Lot Width: 49.75 feet List of Exhibits: A. CC Minutes of June 11, 2007 B. CC Minutes of May 14, 2007 C. Revised survey/grading plan, submitted June 25, 2007 D. City Engineer's Report dated July3, 2007 E. Drawings of proposed house, submitted June 27, 2007 F. Drawings of proposed house, submitted June 1, 2007 G. Summary of Permitted Hardcover and Structural Coverage for Baldur Park Road, prepared by Staff H. PC Action Notice dated April 17, 2007 I. PC Memo & Exhibits of April 16, 2007 J. PC Minutes of March 19, 2007 K. PC Minutes of April 16, 2007 Application Summary: Applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.68% hardcover in the 75- 150 foot zone when 25% is allowed. To not maintain an elevation of931.5 for 15 feet from the perimeter of the house. Background Council tabled this application on June 11 and directed the applicant to resolve the drainage issues. The issues have been resolved. The Applicant will create swales along the side property lines from the street yard to the lake yard. In the lake yard the swales merge toward the center of the lot and continue to the lakeshore. This arrangement will facilitate drainage of the lakeshore yard of the property to west (1400). The design of the house has been changed since June 11. The June 11 design had a gambrel roof with a dormer over the stair. The roof of the new design cannot be neatly categorized. The center 12 feet is FILE 07-3266 June 11, 2007 Page 2 of 3 virtually flat. On either side is a pitched roof. There are two shed dormers on each side. The east side has a third shed dormer (over the stair). It is not immediately clear how to measure the defined height of the proposed house. The code definition is: Building height means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof [ a mansard roof is like a hip roof with the peak removed], or the uppermost point on a round or other arch- type roof, or the median height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in determining building height. For a pitched or hipped roof situation, regardless whether the highest living space in a building is a half-story or full story, if the highest living space contains windows ( excluding skylights) the upper measuring point for defining building height shall be the median height of the top of the highest window and the highest peak of the roof. If the roof is considered a flat roof then the defined height (existing grade to cornice) is 32 feet, two feet more than the maximum. If the roof is considered a pitched roof then the defined height ( existing grade to half-way between the highest point of the roof and the top of the highest window) is 30 feet. One minor change would be needed satisfy the definition of half-story. The height of the outer wall of middle dormer on the east side must be reduced from six feet to three feet or the outer wall must be moved in so it is no longer an extension of the wall below. The Council requested a summary of hardcover and structural coverage for the 17 properties on Baldur Park Road. The summary is attached as Exhibit G. Of the 16 other properties, six have been granted width and area variances for new houses. All included hardcover variances. A hardcover variance was also granted for a new house on a lot that exceeded the minimum size and width requirements. Five others have been granted hardcover variances for additions. The remaining four have done nothing that would change hardcover. It appears that for three of the new houses and four of the additions the presence of a second O to 7 5 foot zone on the street side of the property was ignored or underestimated. This makes it difficult to compare the hardcover proposed in this application to that approved for other properties. The summary is derived from information in City files and reflects the permitted hardcover, not the actual hardcover. Planning Commission Recommendation On April 16, 2007, Planning Commission voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The Applicant has revised the site plan and satisfies this condition. Planning Staff Recommendation The lot width and area variances are routine requests. FILE 07-3266 June 11, 2007 Page 3 of 3 At 43.68% proposed hardcover is a higher percentage than typical. This is because the property has two Oto 75 foot zones. As proposed the street side Oto 75 foot zone would drain entirely to the north across the 75 to 250 foot zone so it would function as if it were in that zone. If the street side Oto 75 foot zone were considered to be part of the 75 to 250 foot zone, the proposed hardcover in this zone would be 36.14%. This percentage is in the range of the hardcover approved for 1396 (36.3%), 1412 (37%), and 1416 (30%). These lots are of similar size and appear to have had the street side Oto 75 foot zone included in the 75 to 250 foot zone. Staff recommends measuring the height of the building as a flat roofed building. Height is a way of regulating mass. The mass of this building is greater than that of one with a gable roof. The proposed roof is similar to a mansard roof but with gable ends rather than a pitched roof on all four sides. If this were a mansard roof the height would be measured to the flat portion of the roof. The new design includes four more dormers than the prior design. The original design included dormers. All but the one over the stairway were removed at the request of the Planning Commission to reduce the mass of the building. The new design has more volume than the prior design. It also has porches with architectural detailing on each end of the half story that were not present in the prior design. In Staffs opinion these add to the perceived mass by drawing the eye upward. Staff recommends the Applicant return the prior design. COUNCIL ACTION REQUESTED 1. Determine if the proposed house plans are acceptable. If they are not, give the Applicant direction as to what would be acceptable. 2. If the house plans are acceptable, direct Staff to draft a resolution: A. Granting the requested a. lot width variance, b. lot area variance, c. grade adjacent to structure variance, and d. hardcover in the south O to 7 5 foot zone variances as requested; B. Granting a hardcover variance for the 75 to 250 foot zone to the extent the Council determines appropriate; and If the house plans are not acceptable, give the Applicant an indication of the acceptability of the variances and table the application. BALD UR PARK ROAD PERMITTED HARDCOVER AND STRUCTURAL COVERAGE (based on information in City files) Address Owner Lot Area 75-250 Area Year sq. ft. sq. ft. Built 1376 Benson 12,726 2,115 1959 1384 Versteeg 12,632** unknown 1952 1392 Gehle 30,800 15,190 2000 1396 Schroeder 13,670 9,800 *** 1983 1400 Reid 12,450 7,850 *** 1920 1404 Milbrath 12,040 6,035 1408 Anderson 11,904 8,154*** 1412 Arons 11,117 7,294*** 1988 1416 Ulka& 1,1000 6,374*** 1985 Peterson 1420 McDonnell 9,580 5,805 1900 1424 Rohrer & 8,894 5,125*** 1920 Hutchinson 1428 Roth On property on both sides 1984 of road 1432 Nyquist 7,638 3,793 1920 1436 Mikkelson 8,600 4,132 2006 1440 Bohn 8,712** unknown 1920 1444 Kaveney 8,600 5,180 2004 1448 Lawrence 10,890** unknown 1935 In italics means variance granted. Foundation. Size* 2,116 1036 +747 3,611 1,996 1,920 1,805 1,440 +662 +64 1,320 +528 1,202 +400 1,156 +641 1492 +529 +132 1326 1,260 +796 1,500 893 +575 1,500 730 +440 * House/attached garage+ detached garage+ other accessory structure ** From County tax data *** Probably includes the street side Oto 75 foot zone Structural deck 505 0 0 0 368 0 0 0 0 0 0 unknown 0 0 0 0 0 CC Exhibit G Total Structural Total Hardcover Hardcover Stories Zoning file Purpose structures Coverage Hardcover 0-75 75-250 Type 2,621 21% 4,053 32.9% 29.5% Two plus 3138 Garage/living cupola HC SC space addn. 1,783 14.11% unknown unknown unknown Two none 3,611 11.72% 5,725 0 , 6.18% 34.13% Two plus 2559 Newhouse basement HC 1996 14.5% 3,556 0 36.3% Two 1689 Newhouse HC (ATF) 2,288 18.4% 3,319 23.5% 39.7% Two/three 1125 Garage/living HC space addn. 1,805 14.99% 3,000 0 I 16.07% 43.68% Two &half HC Newhouse 2,166 17.15% 3,012 0 36.5% Two 977 Living space HC addition 1,848 16.62% 2,697 0 37% One, partial 1262 Newhouse second HC 1,602 15.86% 1,912 0 30% One, partial 843 New House second HC 1,797 Allowed 2,878 5.5% 45.9% Two 3106 80 s.f. 1,500 HCSC addition 2,153 24.2% 2724 8.39% 35.7% Two 1665 2nd garage HC SC stall unknown unknown unknown unknown unknown Two none 2,056 Allowed 2,947 34.4% 42.3% Two 1260 New garage 1,500 1,500 Allowed 2,418 24.39% 36.16% Two 3182 Newhouse 1,500 HC 1,468 Allowed unknown unknown unknown One none 1,500 1,500 Allowed 2,330 0 44.98% Two 2990 Newhouse 1,500 HC 1,170 10.74% 2,839 unknown unknown One none HC -hardcover SC -structural coverage CG Elihibit E 11 I I I I 2 3 A2 Ai -_Jjj!l~/17~ _ Seco~-[,l~g~ ~ 2.. A2 .!. A2 -_J:!!t~:o~ _ Seco~(t-1~~~ ~ D~I,_ □ .__I ____,_,,_-,, ;,( [[J-97 'I l I I I I .v-.or .0-.0£ r F C IBlT ( I I 2' -6" 5' -O" \ \ \ \ \ \ BBBBBBBB ' ' ' ' ' ' / I I I I \ \ \II BBBBBBBB \ \ I I Ill/ 11 ln'7T7Tn7T1 I Half Story ~ 19' -4" Second Floor ~ §' -10" ~~r~ni:> --Fir~t Floo -0' -6" Existing_9rade ~ -2' -3 1/2" I l 0 ' f,... I ' I l .. 9-,L ·, ' / ' u<":8/8<": 9-,9 A2 I 1 1 '1 I I 1 1 1 I I I 1 1 1 I I I 1 1 1 I I I 1 1 1 I I I 1 1 11 I I 1 1 I I I 1 '11ii.L!J.1 I I 1 1 I I l_!J_I I 1.L!J.1 I 1.L!J.;-; 1%iill1 ----- A2 Half _§tolY.___L-, --··19•.4••·\J _ Second£1o~ 9'-10" "I A2 A2 __ J:lalf _8tory /11::l __ Seqgnd Floor /11::l 9'-10" t 1 11 ~I..--glm ~I ~-• I 8 ~ CN -$----------,l~---____;:~~---------l-114-l=!j I .. o-,9 .. z-.~ .. v-,8 .. o-~ .. v-,6 11 j_ I .. 1'(8 I I I ' ) 111 ~=✓=, ~ i : : : :1 I ' I I I! ~~~~ ! } 1j ' / ~, ) 111 ~~'~/~ ) 111 i=======-===1-'1~ 1 1111 ~~/~,~i ::::1 · I I I! 1-1 ~~~~~~~~~ I 1::: ~~~~ ~~~~/~, 11111 : 1 111 1 ' ; ., ' t i 11: : :1 / ' / ' ' / ' ' ., • <;J, ,,. ", .,,, •• , , "'· .Y •. .. 0-,08 .. 9-.o~ r ---- --- § Half Story ~ 19' -4" ~ ~1-~ I B~fSecond Floor ~ 1 § 9' -10" § ]JI I II II [. ~ " .... ;:Qilll-E=Fir~;,~~ fj 11 111 111 111 111 111-111- Date Application Received: 1/17 /07 Date Application Complete: 3/12/07 Extended Review Period Expiration: 7 /10/07 Department Approval: Name: Evelyn Turner Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3266 Vogue ICF Homes, 1404 Baldur Park Road Date: June 11, 2007 ItemNo. 3 Agenda Section: -Lot Width, Lot Area, Floodplain and Hardcover Variances Zoning District: LR-IC (0.5 acre) Lot Area: 0.28 acre Lot Width: 49.75 feet List of Exhibits: A CC Minutes of May 14, 2007 B Revised survey, submitted June 1, 2007 C Drawings of proposed house, submitted June 6, 2007 D PC Action Notice dated April 17, 2007 E PC Memo & Exhibits of April 16, 2007 F PC Minutes of March 19, 2007 G PC Minutes of April 16, 2007 Application Summary: Applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.68% hardcover in the 75- 150 foot zone when 25% is allowed. To not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. Background Council tabled this application on May 14 and directed the applicant to revise the proposal to eliminate the height variance and resolve the drainage issues. Revised house plans have been submitted that eliminate the height variance. This was accomplished by changing the type of roof from a gable to a gambrel (barn), reducing the ceiling height of the first and second floors and lowering the floor elevation of the first floor living space. The defined height is now 30 feet. The peak height has been reduced from 38 feet to 32 feet. Wall height is about 22 feet above existing grade. For comparison the grade on the east side of the house to the west (1400) of the Applicant's lot is at the same level as the Applicant's lot. The garage floor of 1400 is about two feet below the garage floor of the proposed house. On the street side 1400 has a peak height of 30 feet. The taller side wall facing the Applicant's lot is about 24 feet high. The house to the east (1408) is on a flat lot that is FILE 07-3266 June 11, 2007 Page 2 of 2 roughly at the same elevation as the Applicant's lot. It is two stories with a peak height of about 27 feet and a side wall height of about 20 feet. A revised grading plan was submitted but it is still not acceptable to the City Engineer. Planning Commission Recommendation On April 16, 2007, Planning Commission voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The Applicant has revised the site plan and satisfies this condition. Planning Staff Recommendation The lot width and area variances are routine requests. At 43.68% proposed hardcover is a higher percentage than typical. This is because the property has two Oto 75 foot zones. As proposed the street side Oto 75 foot zone could drain entirely to the north across the 7 5 to 250 foot zone so it would function as if it were in that zone. If the street side 0 to 7 5 foot zone were considered to be part of the 75 to 250 foot zone, the proposed hardcover in this zone would be 36.14%. There are no current hardcover calculations on file for the properties on either side but they appear to have equivalent hardcover to what is proposed. Both have structural lot coverage in excess of 15%. The Applicant's proposal meets the 15% limit. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution: A. Granting the requested a. lot width variance, b. lot area variance, c. grade adjacent to structure variance, and d. hardcover in the south 0 to 7 5 foot zone variances as requested; B. Granting a hardcover variance for the 75 to 250 foot zone to the extent the Council determines appropriate; and for Council consideration once the grading plan has been revised to the satisfaction of the City Engineer. Jun 25 07 09:03a Joh,· Vogstrom J~n-ZZ-ZOOT I0:3%aft Froffl~CITV OF ORON~ Mike Gaffron, Planning Direcror P.O. Box 66 CrysraJ Bay, Minnesota 55323 651-686-4595 +95ZZ494616 T-?01 P. 0031003 F-03d 82 l 9 Cleary Court Inver Grove Heights MN 55076 I request that the time for consideration of my application for lot width and area variances and hardcover variances (Zoning File #07-3266,1404 Baldur Park Road) be ext~nded until August 31, 2007. p. 1 Date Application Received: 1/17 /07 Date Application Complete: 3/12/07 Extended Review Period Expiration: 7 /10/07 Department Approval: Name: Evelyn Turner 4::t Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3266 Vogue ICF Homes, 1404 Baldur Park Road Date: May 14, 2007 Item No. 11 Agenda Section: -Lot Width, LotArea, Hardcover, and Height Variances Zoning District:LR-lC (0.5 acre) Lot Area: 0.28 acre Lot Width: 49.75 feet List of Exhibits: A Revised survey and drawings of proposed house, submitted May 2, 2007 B CC Action Notice dated April 17, 2007 C PC Memo & Exhibits of April 16, 2007 D PC Minutes of March 19, 2007 E Draft PC Minutes of April 16, 2007 Application Summary: Applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.68% hardcover in the 75- 150 foot zone when 25% is allowed. To not maintain an elevation of 931.5 for 15 feet from the perimeter of the house. To have a defined building height of 34.4 feet when the maximum is 30 feet, to allow windows in the gable ends of the third level. Planning Commission Recommendation On April 16, 2007, Planning Commission voted 5 to 1 to recommend approval of the variances subject to the house being moved south to comply with the average lakeshore setback. The Applicant has submitted a revised site plan that satisfies this condition. Planning Staff Recommendation The lot width and area variances are routine requests. The hardcover variance is for a higher percentage than typical because the property has two Oto 75 foot zones. The street side Oto 75 foot zone drains almost entirely to the north across the 75 to 250 foot zone. There are no current hardcover calculations on file for the properties on either side but they appear to have equivalent hardcover to what is proposed. Both have structural lot coverage in excess of 15%. The height variance request is unique possibly because it is only since 2002 that "half-story" has been clearly defined. The house to the west is three stories on the street side but has a peak height of 30 FILE 07-3266 May 14, 2007 Page 2 of 2 feet. The house at 3490 North Shore Drive is three stories but has a defined height of 30 feet. Without the windows in the gable end the defined height of the proposed house would be 29.6 feet. Under the proposed zoning code changes to better regulate building mass the windows would be disregarded in calculating building height, but the 38 foot peak height would be six inches in excess of the proposed maximum peak height for a 50 foot wide lot. The grading plan has been revised since it was reviewed by the Planning Commission but is still not acceptable to the City Engineer. The City Engineer recommends the Applicant work with the adjacent property owners. The Applicant and the property owners to the east (the Andersonsons) are willing to work together but haven't been able to meet and work out the details. The Applicant is willing to work with the property owner to the west (Charles Reid) if that property owner wishes. It's a difficult task because at its highest point the property is only about 2.5 feet above lake level, the lots on either side are no higher, and, because of limits on fill, the street yard must be below street level which means that all drainage must go north around the houses. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution: A. Granting the requested a. lot width variance, b. lot area variance, c. grade adjacent to structure variance, and d. hardcover in the south 0 to 7 5 foot zone variances as requested; B. Granting a hardcover variance for the 75 to 250 foot zone to the extent the Council determines appropriate; and C. Taking the action Council determines appropriate regarding the height variance for Council consideration once the grading plans has been revised to the satisfaction of the City Engineer. A RESOLUTION GRANTINGV ARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1288 AND 78- FILE NO. 07-3266 WHEREAS, Benjamin Milbrath and Karen Milbrath, husband and wife, (hereinafter "Owners") are the Owners of the property located at 1404 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as: Lot 14 Baldur Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Vogue ICF Homes has made application on behalf of the Owners to the City for variances to Municipal Zoning Code Section 78-350 to construct a new house on a lot with an area of 0.28 acre when 0.5 acre is required and a lot width of 49.75 feet when a width of 100 feet is required; and WHEREAS, Vogue ICF Homes has made application on behalf of the owners to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 16.07% hardcover in the south 0-75 foot zone when none is allowed and 43.07% hardcover in the 75- 150 foot zone when 25% is allowed; and WHEREAS, Vogue ICF Homes has made application on behalf of the owners to the City for a Variance to Municipal Zoning Code Section 78-to allow a defined building height of feet when the maximum is 30 feet; and 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, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3266 2. The property is located in the LR-IC zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The property is Page 1 of 4 approximately 0.28 acre in area and 49.75 feet in width. 3. The Planning Commission reviewed this application on April 16, 2007 and on a vote of 5 -1 recommended approval of the variances, based on the following findings: a. There is no land the Owners could acquire to enlarge the lot. b. Between and 2006 there was a house on the property. c. The lots in the area are of similar size and dimension. d. The property has two Oto 75 foot zones. Without a hardcover variance for the south Oto 75 foot zone it would be impossible to access the property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350, 78-1288 and 78-to allow construction of a new house: subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Page 2 of 4 Applicant and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the north 0-75' zone shall be limited to O s.f. or 0%. Hardcover in the 75-250' zone shall be limited to 2,636 s.f. or 43.68%. Hardcover in the south 75 -250' zone shall be limited to 374 s.f. or 16.07% per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Owners shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new house before May 14, 2008 or the variance will expire on that date. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain ohitle of the property. Adopted by the Orono City Council on this 14th day of May, 2007. Page 3 of 4 ATTEST: Linda S. Vee, City Clerk Benjamin Milbrath STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor Karen Milbrath This instrument was acknowledged before me this __ day of ______ _ 2007 by Benjamin Milbrath, husband of Karen Milbrath. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ 2007 by Karen Milbrath, wife of Benjamin Milbrath. Notary Public Page 4 of 4 CITY of ORONO May 1, 2007 Vogue ICF Homes 8219 Cleary Court Inver Grove Heights MN 55076 Street Address: 2750 Kelley Parkway Orono, MN 55356 NOTICE OF EXTENSION OF TIME FOR REVIEW Municipal Offices SUBJECT: Zoning Application #07-3266 (1404 Baldur Park Road) Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 ·. Because it will not be possible to complete consideration of your regues.t within 60 days of the date this application was complete (March 12, 2007) the City here_byextends the time allowed for consideration for an additional 60 days, until July 10, 2007 . · · ·· Please call me at 952-249-4623 should you have any questions. Sincerely, City of Orono /-7~-, / : /~. ( / \.__/ I Evelyn Turner City Planner Te!ephorue (952) 249 .. 4£0~ ~ F~~ {952) 249°"~616 www.ci.orono.mn.us City of Orono Date: April 5, 2007 To: Tom Kellogg 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 From: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Grading Plans for April 16 PC Meeting. Please review the attached plan: 07-3266 1404 Baldur Park Road Vogue ICF Homes (your File No. 000139-07000-1) Variances -New Residence · Proposal includes filling the floodplain to elevate the new house. Variances are lot area and width, hardcover and to not maintain 931.5 elevation 15 feet out from house. 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 21, 2007 Ms. Evelyn Turner Planner ♦eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 1404 Baldur Park Road File No. 000139-07000-1 Plat No. 07-3266 Dear Evelyn: We have reviewed the revised survey dated 3-12-07 for the proposed house at 1404 Baldur Park Road. The plans show removing an existing home and construction of a new attached garage dwelling. We have the following comments with regards to engineering matters: • The proposed 931 contour along the east lot line, to the northeast of the house, should tie into an existing 931 contour. • Plans should be submitted to the Minnehaha Creek Watershed District for review and approval. • The proposed sidewalk shown along the east side of the home makes grading difficult and will likely direct runoff onto the adjacent property. The applicant should consider removing the sidewalk or reducing the three car garage to something narrower to allow for the necessary swale or ditch construction along the side yard. • It appears that runoff near the southwest corner of the house will be directed onto the property to the west. An attempt should be made to grade this area such that all runoff is contained on the subject property. If you have any questions please call me at (651) 604-4894. Yours very truly, BONESTROO Darren Amundsen Cc: Tom Kellogg Hennepin County Variance Man Page 1 of 1 f -----------' H Th,~!?,!.!I!!!,~.??,!,!!.:~;,,P,w~r!~.~!~!~!!:c,Y ~.~!!~~~ .. ~!~els IL _ / / /_ 08-117-23-42 (1) / (18) -(•17')-. -• -• -• -• ·1·-·-·-·-·-·~ 1 (16) (1 5) / (32) (31 ) 08-117-23-34 [Parcel Information: Date Printed: 1/16/2007 3:46:42 PM Parcel ID: 08-117-23-34-0018 Owner Name: BENJAMIN D MILBRATH \ Parcel Address : 1404BALDUR PARK RD ORONO MN, 55391 Buffer Size : 200 ft. -lTotal Parcels: 16 ~ --=~-= -=---- http://bugle/variance/popMap.aspx?PID=0811723340018&Buffer=200&Count=l 6&Buff... 1/16/2007 #07-3266 Staff Report Addendum Staff Photographs 'I I 1404 Baldur Park Road 1400 to the left to the 1408 to the rig ht +J 0 '+--0 ~ Q) C ~ 0 0 +J Cl) ro Q) ..c +J :::J 0 Cl) E 0 ~ 11+-- "q'" 0 "q'" ',:-" r- 0 0 N --..........,, d M --........._ M 0 1404 from street in front of 1400 Date: To: From: June 25, 2007 Tom Kellogg City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Grading Plan for July 9, 2007 PC Meeting . Please review the attached plan: 07-3266 1404 Baldur Park Road Vogue ICF Homes Lot Width and Area Variances Hardcover Variance New Residence Page 1 of 1 Evelyn M. Turner From: Evelyn M. Turner Sent: Tuesday ,. May 22, 2007 1 :04 PM To: 'chas reid' Subject: RE: Application #07-3266 Vogue Homes/ Milbrath Mr. Reid: The matter will go back to the City Council. I will let you know when. It could be as soon as May 23. Evelyn Turner -----Original Message----- From: chas reid [mailto:bcdier@yahoo.com] Sent: Tuesday, May 22, 2007 12:49 PM To: Evelyn M. Turner Subject: Application #07-3266 Vogue Homes/ Milbrath Evelyn Can you tell me the process that this applicant will have to go through after the council meeting took place on the 14th? Will the neighbors be notified about any meetings? Will this go to the planning commission again or back to the city council? Do I need to speak with Mike G about this or can you give me the answers about the process and being kept informed. Thanks for your time Charles B Reid 1400 Baldur Park Road 952-471-9578 Luggage? GPS? Comic books? Check out fitting gifts for grads at Yahoo! Search. 5/22 /2007 ----------__ ------=-=--=-___________ IT ,,,.-- / \ I \ I I \ I \ I \ I I . __,.;y;-./ s;:j- N w . 0 0 L() I") 0 L() N z 0 s;:j- L() I") 0 L() N 1 : / ._I" \ / ¢~~t .. Ql ,4 .• • ---- ----.3, .• ···-------------------so. oo-------------------- N 70°42' 00" W 0 t'l COU;',,iClL EXHIBIT B . -. 1._c,,()'o::,1--#-. -~-~_:.::--_::::------- ----_-------_±.L. -tj- 1 N / co n _____ ..-=- \ \ i\ \ I I e-------~) (931.7,1/ _ .... ,,;0-!5 ---- .,.........- ( \ \ I \ I \ I L-9:w--) w -0 0 -L() n 0 L() N z \ ) I I') n .,; 2.0 (931.6 ··-•••..•••••. 50.00 ..... -······ N 70°42' 00'' W 0 t') / I\ ,,_ ,✓ / ,,fa✓ 'f .. f.)'\~G s ~:f::i~ y,.0 \\\b.:()'o -0 -s::1- L() n, ~,..... (~93i'i::1.22\) ____ _J u; (931.1) N (/) -- 0 t') E)(HIBLT A ?~c 1/ < •fl• Bonestroo e Rosene "1\11 Anderlik & 1 \l 1 Associates Engineers & Architects February 23 , 2007 Ms . Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 135 West Highway 36 _• St. Paul , MN 55113 Offic~: 651-636-4600 • Fa x: 651-636-1311 w ww.bonestroo.com Re : 1404 Baldur Park Road File No. 000139-07000-1 Plat No. 07 -3266 Dear Evelyn: ) We have reviewed the survey dated 1-16-07 for the proposed house at 1404 Baldur Park Road. The plans show removing an existing home and construction of a new attached garage dwelling. We have the following comments with regards to engineering matters : • The proposed 931 contour along the east lot line, just north of the house, should tie into .an existing 931 contour. • The silt fence should be located outside of the grading limits. • All proposed grading that will occur as a result of the removal of the existing garage and shed should be shown on the plans . • The proposed slope to the east of the house exceeds the maximum allowable slope of 3 : 1 and should be revised. • Plans should be submitted to the Minnehaha· Creek Watershed District for review and approval. • The proposed sidewalk shown along the east side of the home makes grading difficult. The applicant should consider removing the sidewalk or reducing the three car garage to something narrower to allow for the necessary swale or ditch construction along the side yard. • The applicant should provide cut and fill calculations to verify any floodplain impacts (grading at or below the 931.5 contour). • Plans should include proposed downspout locations and discharge directions so that impacts to adjacent properties can be minimized. If you have any questions please call me at (651) 604-4894 . Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. T?::of/4¥ St . Paul, St . Cloud, Roch e ster, MN • Mil w auke e, W I • Chicago, IL Affirmative Action/Equa l Opportunity Employer-and Employee Owned -~ ~ -l,.,/\J~ O-N VJtS'l'be-~/C.. f)~A.JIX.51> -- i{~~~-~-/ ['f;~ ~-f&-l~~ ~h ~~NA<:Je ~ . ( -;-/~ -f~ IS 32' ~~ °f 3.t. ~ -- ~t,f-~I/JG ~s F~L rDL D,..;) ti &-.-r,ttve ~ If lbtA> ~~ ~(L bf-fJrl~ ~~,V b~A PUN Date: To: From: April 26, 2007 Tom Kellogg City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Subject: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Grading Plans for May 14 CC Meeting Please review the attached revised, revised plan: 07-3266 1404 Baldur Park Road Vogue ICF Homes (your File No. 000139-07000-1) Variances -New Residence Proposal includes filling the floodplain to elevate the new house. Variances are lot area and width, hardcover and to not maintain 931.5 elevation 15 feet out from house. If you email comments, please cc them to Mark Gronberg (markg@gronbergassoc.com). Cont rmation Report-Memory Send Time Tel Ii ne Name Mar-21-2007 02:0Bpm +9522494616 CITY OF ORONO Job number 553 Date Mar-21 02:07pm To 4734435 Document pages 001 Start time Mar-21 02:07pm End time Mar-21 02:0Bpm Pages sent 001 Status OK Job number 553 *** SEND SUCCESSFUL *** March 21, 2007 Ms. Evelyn Turner Planner City of Orono Post. Office Bo>< 66 Crystal Bay. MN 55323 Re, 1404 Saldur Parl< Road File No. 000139-07000-1 Plat No. 07-3266 Dear Evelyn: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 fak $51~636-1311 W\NW,bonesc.-oo.com ..:t,:-eonestroo We have revie\N'ed the revised survey dated 3-12-07 f'or the proposed house at , 404 Baldur Park Road. The plans show removing an existing home and construction of a nevv attached garage dwelling. We have the following comment.s vvith regaf"ds t.o engineering mat.'ters: The proposed 931 cant.our along the ease. lot. line. to the northeast. of the house .. should t.ie int.o an existing 931 contour. Plans should be submitt.ed to the Minnehaha Creek Watershed Dist:rict for review and approval. The proposed sidewalk shown along the east. side of the home makes grading difficult and vvill likely direct. runoff ont.o the adjacent. property. The applicant. should consider removing t:he sidewalk or reducing t.he three Car garage to somet.hing narrovver t.o allow for 1.he necessary swale or ditch canst.ruction along the side yard. It: appears that. runoff near the sout.h'Atest. corner of the house will be directed ont.o t.he propeny "to the vvest.. An at.t.empt. should be made to grade "t.his area such that all runoff is contained on the subjec~ property. If you have any questions please call me at (651) 604-4B94. Yours very truly, SONESTROO ~-- Dan·en Amundsen Cc: Tom Kellogg Con rmat ion Report -Memory Send Time \ Mar-20-2007 12:26pm +9522494616 Job nu ber Date To Document pages Start time End time I Pages sent Status [ Job number 518 ------- 518 Tel Ii ne Name CITY OF ORONO Mar-20 12:23pm 4734435 004 Mar-20 12:23pm Mar-20 12:26pm 004 OK *** SEND SUCCESSFUL *** ·ciry of C>rono 27.50 Kelley .Park,,vay p_Q_ Box 66 Crystal Bay, .lv.fN 5S.;J23 (9S2) 249-4600 Fax_· (9S2J 249-46Jt5 FAX TR.A.NSN'.IISSION COVER SHEET Lfa,'e: 8/Z-0/ cJ Z :r;o.-d~ Q,-p...-,_ ~ Fax:: ~ / '3 -'f4 '.S S- R,e: .:3 -{9-07 Pe rt,,zg..,t---fznq res:cd f-....s Sender: £"'___,~h ~e-v" i 11ou SFIOVLD RECEIVE ~ PAGE(S..), INCLUDING THIS COVER SI-:l'EET. i IF YOU DO OT RECEIVE ALL THE .PAGES, ' PLEASE CALL (9.52) 249-4600. 1 Cont rma ti on Repc;, rt -Memory Send Job number Date To Document pages Start time End time Pages sent Status 361 Mar-01 01 :49pm 4734435 001 Mar-01 01 :49pm Mar-01 01 :50pm 001 OK Time Tel Ii ne Name Mar-01-2007 01 :50pm +9522494616 CITY OF ORONO Job number : 361 *** SEND SUCCESSFUL *** . . . -• 11 • Bonest_roo· ...ill!..loll Rosene ~ Anderlil< &. _ -_,, \J • ..A,ssoci.ates E~gin~e!"s &. .A.F'Chirec;:;1:$ 1:."eb:r,..1ary 23., 2007. M-:s. -E_vely.n To.mer Planner · Qit'y 6f'Orono Post: O:ffice -Box 66 ·c:,-ys-ca.I.Bay~ lVIN 553.23 R..e: _ D_eaI" Evel~"l.: I:. 2~3~-,~~s~ ~ug~-;;:;~; ~6;~~: -~c. P~~J.-,~~ ~~-~~~-.. '?f.~ic?: 6s1-_6.36-.4600 -~ai<_: ~.s1-·63~--~.BT1 __ _.. •_ .: .. wwvv.b~nest:roo.com · · .· ~ · We l"lave J"evievved -c:he· $1.ll'V'Oy da:c~d l-t 6-07 :f'oi-Th~-propOsed h~.Se a.-r 1404 Baldur P~'tk ;R.oad .. The Plans showre..:0.o-Vi:ng an ~x;iS'tin.g ho:a'l.e arid co:nsti::uction of a ne'V anac·h~d garage dv..reIJ'lng. W-e have-•the f'ollOWin,g c.-;::,nun.c..-ri:ts vvi'tl"J-regards 1:0. e_ns;ilie~ring ~-c~ers: ·· · ~"te prop~sed "3>3 _1 con.:.:o~ -~l~ng 1:be .~as,: io~ line·: jusi .no~th ·o;f"me· l'lo~se,. sho°Uld ti~ ~nt:,o ~ e'kist:ins: ~3 1 · c~~o'l.ir. ; ·•· '--r:he sil-i:-f"ence should be located 01...'l.t:Side o.f'Cl'l.e gl'.'adins-1-im:i.TS. ·, _ · ,. ·. . · -.~ Ail propoSed gradiris ·th.a:~ VililI occur as ·a res1.-.lt: oftl'l.e remoVat·Qfth.e ·exist:iug g'.arag;e' and shed shOuld 1;,~ Sho'Wll on. t:h.e pla.ri.s. · . . · · _ · . . _ 'The propo.Sed· slope· to d::.e eit.st: o"f' 1:h.e house exceeds :1:b.e :inax:Uuu.rn alloWable slbpe of' 3: 1 and shot.;1ld"be :rcvisi:3-d. Plans Should be :S1..l.br.nittod. tO 1:h.e Nlinneh.aha"Creek W'at:ersh.ed Disa-iCt: for.review an.d approvaL The prop6_sed side:walk s.hO-wn along 'fbe.easT side· of The home YTial<:es gra:di:Q.g d.i:fficu.1-t::. The appl~can.-r should' consider ·removing the sidewalk or reducing t:he -rhr"ee. Car gar.@.ge :cO sometlii:n.g n~ov;rer 'tO a.llo_w for m~ necesSar;y' svvale or.: di.tel.,_ cous-cruction alons ~e side yard. . _ _ . _· · The applican.c s~ould p;rovide• cut a:n4 ;fill. calc.ula:cions '1:0 ~eri£"y any :floodplain. in:lpaets (gr~dl:ng a.~or below the 931-S Con-cotlr). · · · · Pl;;t.n"S .should: ix~clude • prop~sed dO'Wnspou.t· loCations · anci discharg"e ~eC'tions so "(h..aT irnpacts t:o adjace;.,_'t · properti.es can. ·be in.i:l.·1fr.n.ized. I1: you. ha~e anY'. qu~sti~ns pleilse ~all rn.~ ~1: ·c~s l,) 004-4:.894~. -Yo~s very ~1,y,, _ BONESTJ.sOO, ROSENE,.ANDE:R.LIK. & .ASSOCIATES, INC. -~~/~-- " T'on_l_ .Kellogg · ~ ~ Date: February 9, 2007 To: Tom Kellogg City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 From: Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Grading Plans for February 20, 2006 PC Meeting. Please review the attached plan: 07-3266 1404 Baldur Park Road Vogue ICF Homes Variances -New Residence Proposal includes filling the floodplain to elevate the new house. Variances are lot area and width, hardcover and to not maintain 931.5 elevation 15 feet out from house. February 2, 2007 Vogue ICF Homes 8219 Cleary Court Inver Grove Heights MN 55076 Street Mdrnss: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #07-3266 Mumidpal Offices Maiiing M!iress: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your c1pplication for variances for property at 1404 Baldur Park Road. Below is a list of items the City of Or0 110 is requesting to complete our review: 1. Two (2) original scaled copies of the grading plan for the property and a reduced copy (11 'x 17' or smaller), including the following: a. existing and proposed topographic contours at 6 inch intervals extending 50 feet past the property boundaries, b. proposed storm water drainage, c. proposed lowest floor, first floor, garage floor and top of foundation elevations, 2. Two (2) original scaled copies of a plan showing the location of proposed floodplain fill and any compensatory excavation. The plan should also indicate the amount of fill and excavation. 3. Scaled elevation drawings and floor plans of the proposed residence. Application# 07-3266 is incomplete. If you wish to proceed with your application please submit the items requested above before February 9 to remain on the February 20, 2006 Planning Commission agenda. Please call me at 952-249-4623 should you have any questions. Sincerely, City of Orona / ,. Evelyi:J. Turner City Planner Date Application Received: 1/17 /07 Date Application Considered as Complete: 3/12/07 60-Day Review Period Expires: 5/11/07 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner February 20, 2006 Subject: #07-3266 Vogue ICF Homes on behalf of Benjamin and Karen Milbrath, 1404 Baldur Park Road -Variances -Public Hearing Zoning District: LR-IC (0;5 acre) Lot Area: 0.28 acre acre Lot Width: 49.75 feet Application Summary: The applicant requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-150 foot zone when 25% is allowed, and to not maintain the required lot grade elevation of 932.5 for 15 feet from the of the proposed structure. Staff Recommendation: Planning Department Staff recommends approval with modifications. Pertinent Zoning Ordinance Sections • 78-350 Area, height, lot width and yard requirements. The following minimum requirements shall be observed: Lot Lot Front Side Rear Side Yard Area Width Yard Yard Yard Adjacent to Street 0.5 acre 100 feet 30 feet 10 feet 30 feet 15 feet 78-1288 Hardcover (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts , landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. 0 ,;c2-J ....\ Jp. .,, ~ ~ ~~ cqo/11 ~.N4l~\a, \ v'\ (V"'\ 78-1119. Standards for flood fringe permitted uses. FILE 07-3266 February 20, 2006 Page 2 of 6 (a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. Plat Map E. Survey F. House Plans G. Property Owners List Background This is a lot in Baldur Park, which was platted over 100 years ago. Until last December there was a small cabin on the property that dated from the 1920' s. The Applicant proposes to build a two and a half story house with an attached garage. Because of poor soils the house would be built on pilings and grade beams. It would appear as slab on grade construction with no basement or crawl space. The property has two 0-75 foot zones, one on the street side, and one on the lake side. Part of the property is within the flood plain. The maximum depth of a flood on the property would be about one foot. Baldur Park Road is about at the flood elevation of 931.5 LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 0.28 acre Lot Width 100 feet 49.75 feet Structural Coverae:e: Allowed Existing Proposed 1806 s.f. 15.00% 0 s.f. 0.00% 1,795 s.f. 14.91% Hardcover Calculations: Hardcover Total Area in Allowed Zone Zone Hardcover 0-75 (lake) 3,740 s.f. 0 s.f. 0% 75-250 6,035 s.f. 1,509 s.f. 25% 0-75 (street) 2,265 s.f. 0 s.f. 0% Total for Property 12,040 s.f. 1,509 * Garage apron and transition area not corrected Lot Width and Area Variances Width and Area Variances: Existing Hardcover 0 s.f. 0.00% 0 s.f. 0.00% 0 s.f. 0.00% 0 s.f. FILE 07-3266 February 20, 2006 Page 3 of6 Proposed hardcover 0 s.f. 0.00% 2,901 s.f.* 48.07% 364 s.f. 16.07% 3,265 s.f. The lot is located in the LR -1 C, One Family Lakeshore Residential District requiring a minimum lot area of 0.5 acre and 100 feet of width at the shoreline and at the required 75- foot setback. This lot is 0.28 acre in area and 49.75 feet in width at the shoreline and at the 75-foot setback. Hardcover Variance: Hardcover is proposed to be 48.07 percent in the 75 to 250 foot zone when 25 percent is allowed. This is 1,392 square feet more than allowed. In the street side Oto 75 foot zone 16.07 percent hardcover is proposed when none is allowed. This is 364 square feet more than allowed. Floodplain Variance The floodplain elevations require that the bottom of the lowest floor of a building in the floodplain be elevated to the regulatory flood protection elevation (which is 932.5). Within 15 feet the building ground level must be no lower than one foot below this elevation. The Applicant proposes to maintain the required elevation only within a few feet of the building. Building Height Variance The code specifies that the height of the proposed house be measured from existing grade (931.5) to a point halfway between the top of the highest window and the peak of the roof. By this definition the house is 34.5 feet high. The windows are in the gable end. As proposed the third level may be slightly too large to be considered a half-story. The pitch of the roof may have to be reduced slightly to reduce the width of the portion of the third level with a floor to roof joist measurement of five feet or more from 18 feet 7 .5 inches to 18 feet. The MCWD regulations may possibly require the house be elevated another foot. The Applicant indicated that ceiling heights would be reduced to compensate. Hardship Statement FILE 07-3266 February 20, 2006 Page 4 of 6 Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Lot Width and Area Variances: The City routinely reviews these types of requests, and grants them when no other land is available for acquisition and the property existed in separate ownership from adjacent properties prior to adoption of the current zoning standards. This lot satisfies those requirements. Similar variances were granted for other properties on this road. Floodplain Variance: The properties on both sides of this property are in the floodplain. Swales are required along both side lot lines to direct the drainage toward the lake. Without the variance the house could be about 15 feet wide. This regulation is intended to prevent flood waters from eroding away the fill around the foundation and undermining it. This is not an issue with the grade beams and pilings. What is the appropriate level of hardcover? One of the ways of reducing hardcover is to shorten the length of the driveway. A house shaped like a "T" or and "I" maximizes lake views and minimizes driveway length. This strategy has limited applicability on this property since shortening the driveway too much places the garage apron or transition area in the second 0-75 foot zone. As proposed the transition area does not satisfy the standards. If it did the end of the transition would occur at about the 75 foot line. One way of considering what would be a reasonable level of hardcover would be to consider the amount of hardcover that would be allowed if the second 0-75 foot zone were part of the 75 to 250 foot zone. These areas combined have 8,300 square feet; 25 percent of this is 2,075 square feet. The garage is 600 square feet of the 1795 square foot foundation. This is small for a three car garage. A 24 foot by 24 foot two car garage is 576 square feet. The driveway for this third stall adds about 330 square feet of hardcover. The sidewalk from the driveway to the front door is 145 square feet. FILE 07-3266 February 20, 2006 Page 5 of 6 If the proposal were altered so the garage only had a double overhead door, the garage apron were narrowed, and the front door were moved to the wall facing the street, there would be about 2,650 square feet of hardcover. This would be about 33 percent of the 75 to 250 foot zone and street side Oto 75 foot zone. If the house were reduced to 1,500 square feet there would be about 2,347 square feet of hardcover. This would be about 28.3 percent of these two zones. Another way of considering hardcover would be to review each type of hardcover and determine if the amount proposed is reasonable. Is the proposed height variance reasonable? The Planning Commission recommended approval of a code change that increase the side setbacks for wider lots, regulated peak height based on the width of the lot and disregard windows in gable ends when determining building height. It was tabled by the City Council for further study of the setback and peak height portions of the code change. The basis for disregarding windows in gable ends was that they did not add to the mass of the roof. What is interesting is that the proposed dormers, which do add mass, would be disregarded because they do not have windows and the peak of the roof over the dormers is lower than the peak of the main roof. The proposed code change would limit this property to a peak height of 37.5 feet. As proposed peak height would be about 3 8 feet. The code change would not increase the minimum setbacks for this lot. Is the proposed house compatible with the surrounding area? The Baldur Park area is in transition. Older homes are being replaced. Of the 52 lots in the area between Tonkawa Road and the channel between Crystal Bay and North Arm, 39 lots appear to be substandard in area and width. This is the third house to be replaced on Baldur Park Road in recent years. The others were: Address Lot 75-Fdn. Total Hardcover Hardcover Area 250 Size Hardcover 0-75 75-250 ac. Area 1392 .729 15,190 3,611 5,606 8.7%* 30% 1436 .19 4,132 1,500 2,418 24.39% 36.16% 1444 .19 5,180 1,500 2,330 0 44.98% * Property has two 0-7 5' zones Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends: 1. Approval of the width and area variances. Stories Peak Height Two plus 37'( est.) basement Two 28' Two 34' 2. Approval of the floodplain variance subject to approval of the grading plan by the City Engineer and the MCWD. 3. Approval of the hardcover variance for the street side Oto 75 foot zone. FILE 07-3266 February 20, 2006 Page 6 of6 4. Approval of the peak height variance if the cormers are removed and the Commission determines it appropriate. 5. Approval of a hardcover variance but not to the extent proposed. DATA PRIVACY ADVISORY 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. I . . ~Jo HtU First o)-1°7 P~ l/ uGS7(«J1vt Middle Last (lii J(Zf ; ff C=-f {jf:'7 S t 11 fl/ St te Y'Sc)J{):, Zip l,( 2:-2-50-·-y3oo Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible.· If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. RUN DATE: 1/16/2007 38 08-117-23 31 0001 1400 BALDUR PARK RD CHARLES B REID CHARLES B REID 1400 BALDUR PARK RD WAYZATAMN 5539 1 38 08-11 7-23 31 0004 1384 BALDUR PARK RD M D & J A VERSTEEG MARK D VERSTEEG 1384 BALDUR PARK RD WAYZATAMN 55391 38 08-11 7-23 34 00 16 14 12 BALDUR PARK RD WILLIAM C ARONS WILLIAM C ARONS 603 NORTH YACHTSMAN DR SANIBEL FLA 33957 38 08 -117-23 34 0028 38 ADDRESS UNASSIGNED REG INALD A SPINDLER RA SPIN DLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-11 7-23 34 003 1 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEER PARK WA 99006 38 08 -1 17-23 34 0034 38 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 HENNEPIN Cv uNTY PROPERTY INFORMATION SYSTEM (P RO PE RTY m ,,.,,;RS LIST) 38 08-117-23 31 0002 1396 BALDUR PARK RD M L SCHROEDER/KE SCHROEDER MICHAEL & KATIE SCHROEDER 1396 BALD UR PARK RD WAYZATAMN 5539 1 38 08-117-23 34 0014 1420 BALDUR PARK RD BRADLEYJMCDONNELLETAL BRADLEY & CYNTHIA MCDONNELL 1420 BALDUR PARK RD WAYZATAMN 55391 38 08-11 7-23 34 00 17 1408 BALDUR PARK RD WILLIAM L/KRISTl B ANDERSON WILLIAM L/KRISTI B ANDERSON 1408 BALDUR PARK RD WAYZATAMN 55391 38 08-11 7-23 34 0029 38 ADDRESS UNASS IGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-1 I 7-23 34 0032 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM W8402 BURROUGHS RD DEER PARK WA 99006 ICES DEPARTMENT. ----.. -~ 38 08-117-23 3 I 0003 1392 BALDUR PARK RD GILBERT H & ROXANE T GEHLE GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 34 0015 1416 BALDUR PARK RD JD ULKU & MA PETERSON JEFFREY ULKU/MARCIA PETERSON 14 16 BALDUR PARK RD WAYZATA MN 5539 1 38 08 -11 7-23 34 00 I 8 1404 BALDUR PARK RD BENJAMIN D MILBRATH BENJAMIN D M ILBRATH PO BOX 1133 SPOKANE WA 99210 38 08 -11 7-23 34 0030 38 ADDRESS UNASS IGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-117-23 34 0033 38 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX4 18 NISSWA MN 56468 G PAGE: 1-16-07 ~l..OlJY< \JA(<!I( Lor l"r; 6t..oae I HARDCOVER CALCULATION WORKSHEET C SETBACK ZONE: (CIRCLE ONE) @ 75-250' 250-500' EXISTING HARDCOVER IN ZONE r,.\01?..Ttf 500-1000' A. House ______ x Length X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X ·x F. Landscape X Underlain X By Plastic X Or Fabric G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X .. X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B Width = = X 100 = ----- Width = X 100 = ______ S.F. ______ S.F. ______ S.F. S.F. ------ ______ S.F. ______ S.F. S.F. ------ ______ S.F. ______ S.F. S.F. ------S.F .. ------ ______ S.F. ______ S.F. ______ S.F. S.F. () S.F. 3740 S.F. 0 % S.F. S.F. S.F. S.F. S.F. S.F. S.F: ·· S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B A B 'BEH /VI l t.~R.<rn,l l-16·07 BALOvR J.)Ar~,~ loT I 'J; ~!-0 Glc! I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) (Q-75'.) 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE SovrH- A. House X = S.F. Length Width X S.F. X = S.F. X = S.F. 8. Garage X S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X = S.F. ·x = S.F .. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. Or Fabric G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % PROPOSED HARDCOVER IN ZONE. A. House X = S.F. Length Width X S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway 45,'5" B 364 PRoP"i>':ED X S.F. -O~l\JflPAt -x = S.F: .. . D. Sidewalk X S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. Or Fabric G. Other X = S.F. TOTAL HARDCOVER IN ZONE 364 S.F. -A TOTAL PROPERTY AREA IN ZONE 226:2 S.F. B A B X 100 = lh,O] % Bet--t ,NI I L-6RAit+ l::SAL..OVI< /.IA:!f<IC - 1-u.,-01 Lor l"t, P':t.oq<: I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X S.F. E. Patio/Deck X = S.F. ·x S.F.· F. Landscape X = S.F. Underlain X S.F. By Plastic X S.F. Or Fabric G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = % PROPOSED HARDCOVER IN ZONE. f](<opo,E:O A. House X = \ BO:l S.F.-HOUSE. Length Width X S.F. X = S.F. X = S.F. B. Garage X = S.F. SoJ p ,·~oP.o:st 0 C. Driveway X = S.F .... 0/J!Pllft~o/ .. X S.F:· D. Sidewalk 145'" 'PROPP$t"0 X S.F. -Sli')f Wl,#Ul., X = S.F. E. Patio/Deck IL 12-1¥t Pf.?ofo5trll X = s.F.-Ptrno X = S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X = S.F. Or Fabric G. Other X = S.F. TOTAL HARDCOVER IN.ZONE 2/·lO( S.F. A TOTAL PROPERTY AREA IN ZONE f.1035" S.F. B A B X 100 = lf-S.O] % Date: To: Fax: Re: Sender: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION COVER SHEET 2;/q'/) 7 YOU SHOULD RECEIVE . -y PAGE(S), INCLUDING THIS COVER SHEET. FY( IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600. )> ...... Benjamin Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota ;;i;. .... a= f, ~ g. ~ 2618 Casco Point Road ~,;z~ \,! ~ ~ §. Wayzata, Minnesota 55391 • _, ~-(") ;:: (612) 250-9300 * ~ E" er,' Vogue ICF Homes First Floor Plan i::; ~__::~~~~---=---=-=_ =_ =_ =_ =_ ~-~-~-;;;;;_-=_ =_ =_ =_ =_ =_ =_ =1_ '=_ =_ =_ =_ = ____ =~~~~~~====~=~J )> I\) Benjamin Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Second Floor Plan Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 )> w Benjamin Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Attic Plan Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 Benjamin Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Roof Plan Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 )> Ul I I I I I I I§ I □ I □ I I Benjamin Milbrath Residence New Residential Construction 1404 Baldur Park Road Orono, Minnesota Exterior Elevations Vogue ICF Homes 2618 Casco Point Road Wayzata, Minnesota 55391 (612) 250-9300 Variance Receipt Page 1 of 1 r !It _Hennepin County Taxpayer Services: Variance Receip -t __ Organization: Vogue Homes Inc . Contact Name: Eric Vogstrom ContactAddress: 1404 Baldur Park Rd. Orono ,MN 38 Contact Phone: 2509500 Contact Email: 00 Buffer Distance (ft): 200 Total Number of Labels: 16 PIO List: Date: 1/16/2007 3:47:34 PM Batch Number: 1-929 38 08-117-23 31 0001 , 38 08-117 -23 31 0002 , 38 08-117-23 31 0003 , 38 08-117-23 31 0004 , 38 08-117-23 34 0014 38 08-117-23 340015; 38 08-117-23 34 0016 , 38 08 -117-23 34 0017, 38 08-117-23 34 0018 , 38 08-117-23 34 0028 38 08-117-23 34 0029, 38 08-117-23 34 0030 , 38 08-117-23 34 0031 , 38 08-117 -23 34 0032 , 38 08-117-23 34 0033 38 08-117-23 34 0034 , Comments: 200-foot list / Total Cost: $25.00 I I http://bugle/variance/popReceipt.aspx?Count= 16& Var= 1-929&C _ Company=V ogue%20H. .. 1/16/2007 printdetails .j sp Property ID: Address: Municipality: School Dist: Note: Taxes Payable 2007 (2006 Values) will be available on this web site approximately 03/01 Parcel Data for Taxes Payable 2006 08-117-23-34-0018 1404 BALDUR PARK RD ORONO Construction year: 1920 Page 1 of2 Watershed: 278 3 Approx. Parcel Size: SS0X265XLS0X2~ Sewer Dist: Owner Name: Taxpayer Name & Address: BENJAMIN D MILBRATH BENJAMIN D MILBRATH PO BOX 1133 SPOKANE WA 99210 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to 1 arms-length transactions. Sale Date: Sale Price: Transaction Type: Addition Name: Lot: Block: Metes & Bounds: December, 1974 $16,300 Tax Parcel Description BALDUR PARK 014 001 Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2006 Values Established by Assessor as of January 2, 2005 Estimated Market Value: $401,000 Limited Market Value: $270,900 Taxable Market Value: $270,900 Total Improvement Amount: Total Net Tax: $2,697.97 Total Special Assessments: Solid Waste Fee: Total Tax: Land Market Building Market Machinery Market Land Limited Building Limited $42.93 $2,740.90 Property Information Detail for Taxes Payable 2006 Values Established by Assessor as of January 2, 2005 Values: $400,000 $1,000 Total Market: $401,000 $270,200 $700 Total Limited: $270,900 http://www2 .eo.hennepin.rnn.us/pins/printdetails.j sp?pid=0811723340018 1/22/2007 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING 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 #07-3266, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set ml~' 9lli day of ~arch, 2007. l . k DemseM. Les CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249~4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 19, 2007, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #06-3225 #06-3232 #06-3246 #06-3249 # 07-3255 David Carlson on behalf of 875 WBW, LLC., owner of 875 Wayzata Boulevard West, RR-1 B zoning district, requests rezoning of the propetiy to RPUD Residential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9- unit residential development on this 10.4-acre site. Shan-att Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests a 0-75' zone hardcover variance to allow 7.1 % hardcover where 13.9% currently exists and 0% is normally allowed, and a 75' -250' zone hardcover variance to allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction with the construction of a new single family home to replace the existing residence. North Shore Gardens on behalf of Richard Marzan, 2795 Pheasant Road, LR-1 B zoning district, requests a conditional use permit and hardcover variance for land alteration and retaining walls within the 75 foot lakeshore setback. Highmark Builders on behalf of the estate of Mary Jo Peterson, 4205 North Shore Drive, LR-1 B zoning district, requests the following variances to allow construction ofa replacement residence: Lot width of 0.62 acre when 1.0 acre is required; lot width of 60 feet when 140 feet is required; 31.5% hardcover in the 75-250' zone where only 25% is normally allowed. An average Lakeshore setback is also requested to permit encroachment into this setback by part of the deck stairs and approximately five square feet of the house. City of Orono, proposes an amendment of the Orono Community Management Plan (Comprehensive Plan) with regards to the property at the northwest quadrant of the Willovi Drive/Highway 12 intersection, known as PINS #33-118-23 11-0060, legally described as Outlot A, Stonebay, owned by Dahlstrom Development LLC, and cuJTently zoned RR-1 B One-Family Rural Residential district. The proposed amendment would re- guide this commercially-guided property to allovv for primarily office uses with only minimal retail uses. Catherine Sweet, 3405 Crystal Bay Road, LR-1 C zoning district requests a setback variance to construct a replacement garage with a two foot setback from the westerly side property line when a 15 foot setback is 1:equired. Structural lot coverage and hardcover variances are also requested. #07-3259 Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road, LR~ 1 B zoning district, requests a number of variances including setbacks and hardcover, to allow modification and expansion of the existing house and garage. #07-3262 James and Corrine Beck, 3820 Cherry Avenue, LR-lC zoning district, request the· following variances in conjunction with an extensive renovation and construction of additions on the existing home: lake setback variance to allow a 41.3' setback where 7 5'. is normally required; a 5' side yard setback where l O' is normally required; a 0-75' zone hardcover variance to allow I 7% hardcover where 17% exists and 0% is normally allowed; a 75'-250' zone hardcover variance to allow32.1% hardcover where 27.3% exists and 25% is normally allowed; as well as a height variance to allow 3 stories where 2 ½ stories is normally allowed. #07-3266 Vogue ICF Homes on behalfofKaren and Benjamin Milbrath, 1404 Baldur Park Road, LR-1 C zoning district, requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the required lot grade of 932.5' for 15 feet from the sides of the proposed structure. #07-3268 WJM Properties, 2605 West Wayzata Boulevard, I-Industrial zoning district, requests renewal/extension of the approvals granted via Resolution No. 5470 on May 22, 2006 for a conditional use pennit per Municipal Zoning Code Section 78-823 and industrial site plan approval per Section 78-831 to pemrit a proposed 25,620 s.f. one-story addition to the principal sh·ucture, a 250 s.f. addition to com1ect existing accessory buildings, revisions to approved parking layout; and amendment of Resoiution No. 4845 with regard to conditions placed on outside storage. #07-3269 Sherry Evans, 1380 Railroad Avenue, LR-1 A zoning district, requests the following variances to construct an addition to the existing residence: A 10 foot setback from the side property line adjacent to 1390 Railroad A venue when a 30 foot setback is required; a setback of 31 feet from the right of way of Railroad Avenue when a 50 foot setback is required; a 31 foot setback from the rear property line when a 50 foot setback is required; and a structural lot coverage variance. #07-3270 Milo H. Thompson, 3135 Casco Circle, LR-l C zoning district, requests a conditional use permit to allow a guest apartment; and in order to construct extensive additions to the existing home, requests a lot width variance to allow construction on a lot 48' wide where 100' is normally required; a side yard setback variance to allow a 7' side setback where a 7' side yard setback currently exists and a 1 0' side setback is normally required; and a variance to allow a full story where a half-story is allowed for an observatory tower feature on the home. # 07-3272 Kern Hoppe, 1150 Windemere Road, RR-1 B zoning district, requests preliminary plat approval for a two-lot residential plat to create one additional building site on the propetiy. #07-3273 James Peterson, 1331 North Arm Drive, LR-lA zoning district-requests a conditional use permit to allow installation of a half-bath in an accessory structui·e. #07-3274 #07-3275 #07-3276 Bruce Paddock, 1450 & 1500 Bracketts Point Road, LR-lA zoning district, requests vacation of a portion of Bracketts Point Road, potential vacation of various easements, and a re-plat of the vacated road and the subject properties to create a new public road corridor and new revised lot boundaries. No additional lots will be created. Applicant also requests a hardcover variance for redevelopment of 1500 Bracketts Point Road. BPS Properties, 95 Leaf Street, RR -lB zoning district, requests preliminary plat approval for a 13-unit residential development on this 40-acre site. Robert G. Luesse, 3249 Casco Circle, LR-1 C zoning district, requests the following variances in order to build a new home on the same foundation as the existing home: lot area and lot width variances for a lot 16,260 s.f. (0.37 acre) in area and 53' in width at the OHWL and 57' at the 75' setback where 21,780 s.f. (0.5 acre) in area and 100' in width are normally required; a hardcover variance to allow 2 l % (909 s.f.) of hardcover within the 0-75 zone where O s.f. is normally allowed, 32.3% hardcover within the ·75'-250' zone where25% is normally allowed and 31 .4% currently exists, and 36.8% hardcover within the 250' -500' zone where 30% is normally allowed and 36.8% currently exists; and a side yard setback variance to allow the existing 5 .3' side setback to remain where a l O' side setback is normally required. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by March 14, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for fu1iher information. For an appointment, please call (952) 249-4600. Cily of Orono By: Planning Commission / -✓~ r, ./1 .,,-, /7✓ yji~ /~/~~t,;:L Michael P. Gaffr6n?'Planning Director To be published in the Sun Saiior on March 8, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office .... 38 08-117-23 31 0001 Charles B. Reid 1400 Baldur Park Wayzata, MN 55391 38 08-117-23310004 Mark D. Versteeg 1384 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 34 0016 William C. Arons 603 North Yachtsman Dr. Sanibel, FL 33957 38 08-117-23 34 0028 Reginald A. Spindler Spring Farm 8402 Burroughs Rd. W Deer park, WA 99006 38 08-117-23310002 Michael and Katie Schroeder 1396 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 34 0014 Bradley and Cynthia McDonnell 1420 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 340017 William L and Kristi B Anderson 1408 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 34 0033 Harold R. Kitchen Box 418 Nisswa, MN 56468 38 08-117-23310003 Gilbert H. an dRoxane T Gehle 1392 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 34 0015 Jeffrey Ulku and Marcia Peterson 1416 Baldur Park Rd. Wayzata, MN 55391 38 08-117-23 34 0018 Benjamin D. Milbrath P.o. Box 1133 Spokane, WA 99210 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA). ss. COUNTY OF HENNEPIN) Richard Hendrickson , being duly sworn on an oath, states or affirms that he is the Chief . Financial Officer of the newspaper known as _______ S_u_n_-S_a,_·to_r ______ _ and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn . Stat. §331A.02, §331A.07 , and other applicable laws as amended. (B) Th e printed public notice that is attached was published in the ne wspaper once each week, for _QDL_ successive week(s); it was first published on Thursday, the _8_ day of __ M~a=r~c~h __ , 2007, and was thereafter printed and published on every Thursday to and including Thursday, the __ day of ______ , 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive , wh ich is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmnopqrstuvwxyz BY /ijf;;;tL« Subscribed and sworn to or affirmed before me on this __ 8_ day of March , 2007. /t /} /7 ., id,k::; ~lh~ e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION ( 1) Lowest class ifi ed ra te paid by commercial users for comparable space (2 ) Maximum rate allowed by law (3 ) Rate actually charged $ __ ~2=·=85"'--"'"p=e~r l=in=e $ ___ 6~·=2=0~R~e~r~li~n=e . $ ---~1 -~3~0~p~e~r~l~in=e . City of .Orono (Official Publication) CITY OF ORONO ~ ~--.... 27,So Kelley Parkway, P.O. Box 66 · -Crystal Bay, MN 55323 . Ph':ne, (952) 249_-4600 Fax (952) 249-4616 NOTICE The Planning_ Commission ·will hold public hearings in the Orono Counc~I Chambers at 2780 Kelley Parkway on Mon- day, Mar?h 19, 2007, beginning at 6 :00 p.m . on the mat- ter of revIewIng the following land use applications: . . #06-3225 t:>avid Carlson on behalf of 875 WBW LLC · o~n~r of 875 Wayzata Boulevard West , RR-1 B ~oning district, requests rezoning of the property .to RPUD Resi - dential Plann ecf'Unit Development, and requests RPUD s,te plan and preliminary plat approval for a 9-unit resi · dent,al development on this 10.4-acre site . #06-3232 Sharratt Design on behalf of Michael & Mary Drazan, 354& Ivy Place, LR -1C zoning district, requests a 0-75' zone -hardcover variance to allow 7.1% hardcover where 1~.9% currently exists and 0% is normally allowed, and a 75 -250' zone hardcover variance to allow 32.5% where_ 35 o/~ ecurrently exists and 25% is normally _allowe_d ,n conJunctIon with the construction of a new single fami- ly home to re place the existing residence . #06-3243 North Shore Gardens on behalf of Richard Marzan, 2795 Pheasant Road , LR-1 B .zoning district; re • quests a conditional use permit and hardcover variance for land alteration and retaining walls within the 75 foot lakeshore setback. -r,;. . #06-32°46 · Highmark Builders on behalf of the estate of Mary'Jo Peterson, 4205 North Shore Drive, LR-1B zon- ing district, requests the following variances to allow con- struction of a replacement residence : Lot width of 0.62 acre when 1.0 acre is requ ired ; lot width of 60 feet when 140 feet is required; 31 .5% hardcover in the 75-250' zone where only 25% is normally allowed . An average Lakeshore setback is also requested to permit encroach- ment into this setback by part of the deck stairs and ap- proximately five square feet of. the hou~e. #06-3249 -City of Orono, proposes an amendment of the . Orono Community Management Plan (Comprehensive Plan) with regards to the property at _the northwest quad- rant of the Willow D'rive/Highway 12 intersection, known as PINS #33-1i8-23 11-0060, legal!y described as Out- lot A, Stonebay,.owned by Dat)lstrom ·oevelop ment LLC, and currently zoned RR-1.B One-Family Rural Residentia_l district. The proposed amendment would re-guide this commercially-guided property to allow for primarily office uses with only minimal retail uses. . # 07-3255 Catherine Sweet, 3405 Crystal Bay Road , LR-1 C zoning district, requests a setback variance to con- struct a replacement garage with a two foot setback from the westerly side property line when a 15 foot setback is required. Structural lot coverage and hardcover varfances are also requested. .. · . . . #07-3259 Lake Country Builders on behalf of Kathy and Gary Gangstee, 137<l Rest Point _Road , LR"1B_ zoning district, requests a number of variances including set- backs and hardcover, to allow modification arid expansion of the existing house and garage. #07-3262 James and Corrine Beck,·3820 Cherry 0Av• am:e, LR-1C zoning district, request the followihg vari-. ances in conjunction with an extensive renovation and .construction of additions on the existing home: lake set- back variance to allow a 41.3' setback where 75' is nor- mally required ; a 5' side yard setback where 10' is nor- mally .required; a 0-75' zone hardcover variance to allow17% hardcover where 17% eicists and 0% is normal- ly allowed· a 75'-250 ' zone hardcover variance to allow 32.1 % hardcover where 27.3% exists and 25% is norm.a l- ly allowed; as ·well as a height variance to allow 3 stones where 2 1 /2 stories is normally allowed. · -#~7-3266 Vogue ICF Homes on behalf of .Karen·· and Benjamin Milbrath, 1404 Baldur Park Road, LR-1C zon- ing district, requests the following variances to construct a new house: A lot area of p.28 acre when 0 .5 acre Is re- quired· a lot width of 49 .75 feet when 100 feet is required , 16.07o/o hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the required lot grade of 932.5' for 15 feet from the sides of the pro- posed structure. #07-3268 WJM Properties , 2605 West Wayzata Boule- vard I:lndustrial zoning district, requests renewal/exten- sion ~f the approvals granted via Resoluti on No . 5470 or May 22, 2006 for a conditional use permit per Municipa Zoning_ Code Sectio n 78-823 and industrial site plan ap - proval per Section 78-831 to permit a proposed 25,620 s.f one-story addition to the principal _structu re, a 250 s.f. ad • dition to connect existing accessory buildings , revisions tc approved parking layout; and amendment of Resolution No SIII\I newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hern:lrickson , being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of the newspaper known as ----------=Sc=uc..:n--=-S=-=a:::.:i/c::.o.:....r _____ _ and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn. Stat. §331 A.02 , §331 Ao?, and other applicable laws as amended . (B) The printed public notice that is attached was publ ished in the newspaper once each week , for __QlliL_ successive week(s); it was first published on Thursday, the _8_ day of February , 2007 , and was thereafter printed and published on every Thursday to and including Thursday, the __ day of ____ _, 2007 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive , which is hereby acknowledged as being the size and kind of type used in the compos ition and publ ica- tion of the notice : abcdefghi jklmn opqrstuvwxyz BY '~ Subscribed and sworn to or affirmed before me on this __ 8_ day of February , 200 7 . No~i2~&h ~ ~~!:\,"c~!~~:. • MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Max imum rate aHowed by law (3) Rate actually charged $ --~2=.8=5=--.:.p=e r~l~in=e $ __ ___,6..,.2""0~p=e r.._,l"""in=e $ ___ 1~·=30~p=e~r =lin=e STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING 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#07-3266, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my han and seal this 9th day of February, 2007. Denise M. Leskinen \ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 20, 2007, beginning at 6:00 p.m. on the matter ofreviewingthe following land use applications: #06-3225 #06-3232 #07-3250 #07-3251 #07-3254 #07-3259 #07-3262 David Carlson on behalf of 875 WBW, LLC., owner of 875 Wayzata Boulevard West, RR-IB zoning district, requests rezoning of the property to RPUD Residential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9- unit residential development on this 10.4-acre site. Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests a 0-75' zone hardcover variance to allow 7.1 % hardcover where 13.9% currently exists and 0% is normally allowed, and a 75' -250' zone hardcover variance to allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction with the construction of a new single family home to replace the existing residence. Philip Carlson of Inter-Space West, Inc., 2060 Wayzata Boulevard West, B-6 PUD zoning district, requests concept plan approval, preliminary plat approval for the creation of 10 lots and one common lot, commercial site plan approval, as well as easement vacations in order to develop the property as Amber Woods Office Centre, LLC. Mandeep and Leisa Sodhi, 4080 Dahl Road, LR-lB zoning district, request a setback variance to allow the existing deck to remain as constructed with a 0. 76 foot setback from the side property line when a ten foot setback is required and to have 27 percent hardcover in the 75 to 250 foot zone when the maximum is 25 percent. Metro Building Co. on behalf of Guardia Development Group LLC., 940 North Arm Drive, LR-lB zoning district, requests an average lakeshore setback variance in order to remodel the existing home which will include moving the existing attached garage to the south and constructing a three-season porch where the existing deck is located. The home is located almost entirely ahead of the average lakeshore setback line. Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road, LR-lB zoning district, requests the following variances to allow modification and expansion of the existing house and garage: a street setback of 18 feet when a 12 foot setback currently exists and a 30 foot setback is required; a side setback for the existing garage of 9 feet 1 inch when a 10 foot setback is required; and 28.32 percent hardcover in the 75 to 250 foot zone when 25 percent is allowed and 29.35 percent currently exists. James and Corrine Beck, 3820 Cherry Avenue, LR-lC zoning district, request the following variances in conjunction with an extensive renovation and construction of additions on the existing home: lake setback variance to allow a 41.3' setback where 75' #07-3263 #07 -3266 #07-3267 is normally required; a 5' side yard setback where 10' is normally required; a 0-75' zone hardcover variance to allowl 7% hardcover where 17% exists and 0% is normally allowed; a 75'-250' zone hardcover variance to allow32.l % hardcover where 27.3% exists and 25% is normally allowed; as well as a height variance to allow 3 stories where 2½ stories is normally allowed. Concept Landscaping on behalf of Kim and Mitch Olson, 3275 Carman Road, LR-lB zoning district, requests a conditional use permit to allow removal of the existing retaining walls on the property and construction of new walls. Vogue I CF Homes on behalf of Karen and Benjamin Milbrath, 1404 BaldurParkRoad, LR-1 C zoning district, requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49.75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the required lot grade of932.5' for 15 feet from the sides of the proposed structure. Bohland Development on behalf of Calvin Presbyterian Church, 177 Glendale Drive, RR- lB zoning district, requests a conditional use permit and setback variance for construction of a detached garage to be located northwest of the existing church building at a setback of 45 feet from the west lot line where a 50' setback would normally be required. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by February 13, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission " Michael P. Gaffi on(Planning Director / To be published in the Sun Sailor on February 8, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUNDATE: 1/16/2007 ,38 08-117-23 310001 1400 BALDUR PARK RD CHARLES B REID CHARLES B REID 1400 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 31 0004 1384 BALDUR PARK RD MD & J A VERSTEEG MARK D VERSTEEG 1384 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 34 0016 1412 BALDUR PARK RD WILLIAM C ARONS WILLIAM C ARONS 603 NORTH YACHTSMAN DR SANIBEL FLA 33957 38 08-117-23 34 0028 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-117-23 34 003 I 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-117-23 34 0034 38 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO POBOX66 CRYSTAL BAY MN 5 5323 HENNEPlh ,UNTY PROPERTY INFORMATION SYSTEM (PROPERTY 1., ◄ERS LIST) 38 08-117-23 31 0002 1396 BALDUR PARK RD ML SCHROEDER/KE SCHROEDER MICHAEL & KATIE SCHROEDER 1396 BALD UR PARK RD WAYZATAMN 55391 38 08-117-23 34 0014 1420 BALDURPARKRD BRADLEY J MCDONNELL ET AL BRADLEY & CYNTHIA MCDONNELL 1420BALDURPARKRD WAYZATAMN 55391 38 08-117-23 34 0017 1408 BALDUR PARK RD WILLIAM L/KRISTI B ANDERSON WILLIAM L/KRISTJ B ANDERSON 1408 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 34 0029 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-117-23 34 0032 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM W8402 BURROUGHS RD DEERPARK WA 99006 ICES DEPARTMENT 38 08-117-23 31 0003 1392 BALDUR PARK RD GILBERT H & ROXANE T GEHLE GILBERT H & ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 34 0015 1416 BALDUR PARK RD JD ULKU & MA PETERSON JEFFREY ULKU/MARCIA PETERSON 1416 BALDUR PARK RD WAYZATAMN 55391 38 08-117-23 34 0018 1404 BALDUR PARK RD BENJAMIN D MILBRATH BENJAMIN D MILBRATH PO BOX 1133 SPOKANEWA 99210 38 08-117-23 34 0030 38 ADDRESS UNASSIGNED REGINALD A SPINDLER RA SPINDLER SPRING FARM 8402 BURROUGHS RD W DEERPARK WA 99006 38 08-117-23 34 0033 38 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX418 NISSWAMN 56468 PAGE: I STATE OF MINNESOTA) ss . COUNTY OF HENNEPIN) SIIIU ··-'-----.. news1lapers AFFIDAVIT OF PUBLICATION Richard Hendrickson, be in g duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Sun-Sailor ' has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualification as a qualified news paper as provided by Minn . Stat. §331 A.02 , §331 A.07, and other applicable laws as amended . (B) The printed public notice that is attached was published in the newspaper once each week, for _QillL successive week(s); it was first published on Thursday, the _5_ day of Ap ri l , 2007 , and wa s thereafter printed and published on every Thursday to and including Thursday, the __ day of _____ , 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive , which is hereby acknowledged as being the siz e and kind of type used in the composition and publica- tion of the noti ce: abcdefghi jk lmnopqrstuvwxyz BY '~ FO Subscribed and sworn to or affirmed before me on this _5_ day of April , 2007. ~;(L/A£ - IC Notlr;P~b ~ MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA . s;:::r}3.J ~,;;i~i'.fg}~F!~i~i~~);:;;,~j).·~d;:(· · .-.\ :: ·;_,:,';gi;:;;:,~ ~~~J+.'f ;iikiii;:~1~;~l:r d~~;; A. ~; ·. :·. . :,S :·2750 Kelley -P.ar.kway,:P,;0. Bcix .·66: ;/i: ~ ·, ... · ickson, 720.Big Island, RS zoning district, requests con · •~· -''\>; 'e;;,' .)', ,Crystal ·Bay,:M~ ~55323' • .\-·:"~ ,· ./ .O' · · · ,-· d_iEonal u_se perrt)it approval to allow a second. accessol".'. · ·-'.-''P_horie (952) 249-4600 .!=ax (95~) 24!3:-4616 . : . · ; _bwld!ng _.1n .. ~x,cess .of 500 .s .t.. The second accesso~ · .• ·,,,,.,.,., ,. , .. '····· ·. /:,a ··:· -·.-:.,, , , > •' · ---·.: ·•·i•' •,. . , building is .proposed to be .1000 s.f. ,n area and located·1C ·,::~*~~;~~~J~&i~~i.~~:~~<?i1Q~~~J~~~~W~~~,~ii~~~-ih'.;~:t~;._ff:r~*k:~)!,0~~~:Je~~~z~~,~t~nc~:~Z:~~;¥~:~:i~~~ ,,,Orono C?un 1;;11 ·Cfiarn.bfclr:>.at2:?,B_OfS"eJtey'.E'ar~ay o_l)Mon.-<,:-:''et ln:c.,.1348 'Rest :P.of(lt iCiri:le,,LR 0 1B torilrig 'cifsfrict,_re' f~~ay,. Apr11_cg;, 2007: .b,eg1nmng. at. ~.:oo ~.m,,on_ th _e _(n_att,er:JC:'Y qu13sts the following variances :to allow construction .of i ''r9V.~".'.1~~1~~,t~J;,f?;1!?i f\lt!.i~~}'.~fcl,?J,1JJ~~~,t!!?":f f'.t:-'':;,\!'\/:'.;,~evi.Jesiderici:i:'~-19t _· area ~f.0.33 :aqre ~hen 'oi:ie:'acre ~ ,'.#OS:3225·. \.David .C-aflsoi'ii.ort.behalf i)f .ais)JVBW ·:. L;t.C:·• .t;,,'Jr.equ1re _d; -~· lot-,w1dth.0of .6?, .\Y,h!)re 140' .•s . required; 30~ -!i owner'oL 'il75 Wayz.itt.i: Bbulevailf,We'st ,.:aR~ 1 B.ionihg' :N-;\hardc,over1Clthe 7_5.-25_0' _:w_nfcl',~her«:.orily 25'.J"• is· normal ::f,disfr!c;t;;i'e,goe/;tsfe¥~~i~g of: tti_e ·:jirp~e~:tg R~IJl;)i Resi-;:Ij))/X;:''?W.e~!.?-~~•~. ~,111,!ding_.~~•~ht v~t1~pc,9. ::'· .. : '. •·· !'>i:} ,.;_.d_ery,t1al ,Pl~_nne,d,;,l.Jp,p:;i~y~lqP,!9-!cllJ.I, .an~.,req~esti;1,RP1-f P ;:;::,,t.-:#OT-3281 -' .: Vogue ICF Homes ,. Inc: on. behalf ofTorn J?a(I< :_:,~•te:.plafl ,,~l)d:cPreh_i:r!~n,a~:;Plat; ar.pr.q,val_ ·fo f..? ?;~°:.~,.~~'.;:,:;{;:: ,;,'ii!.( Jnc :i t~O R_!'s.t Point_ c1:rc1~, t R,.1.B zoi:,ing disti:ict/re :1·•-~fclrii1al •.·c!~~Jopmerit a,11,,t_t11.~•1,9,,:4 ;a,crn:s(!e,,.,,.~.,,, •. ~,:st:,;.';,' o\.,': .,, quests :the following : vanahces. to 'allow construc'ticm .ot, iil11ii!illit1ili?~)ltl! ,;#.07·.~254 .. ,a 'MetrO:'.Bmrd1og,po.,:.titH:>Elb,aff•.:of.:;Guar.d1a ·E>.!lc·:·'""·'' · :Azbat,;-.17~. Fox•:Street,:f;lR " 1'B ·zor.11ng ·d1st,r1ct, request, ;:;!a~!~i;!f d£ttt!i1Ji]~;i~f :ii li!if 11~~~-&;f~r:\~~i[e.°:,i~*ri;~~~;~!~# rir;~~rr~;.:~~~tr~~f6{:s'f:~:'.1 include',inovliig:ttie 'ex isiiiig;aitach'ectgarage;'tciJ he'SOtlitiiSr,)l!p7,92a.~. ::,~te,yen,§•g~li,1399, pa~k.Orlve , L.R:JB ZO[lln! c:;~~~f~l~t$~t~r h:t;6~fe.i~~gb~~~~~:r~;~1i :Wiit~}~~jJ;1~~{flt;t,;~~r:i:t~~~~~~~:~;t(;~i~.~:l~{J~~;i1g~~ti% .,ahe<1,i;f, of t~e.:a~erag_e Jgi~ei,hoWS!l.tbacR..l,ip _e:.::~<: ;;:,~ ·-c'""';•':\1;1':1',.,b«:f .ref1l1~.1r1g_ wa1r,_w_ltt1 ,an eri!:J•_~e~rec!~block .~all , .The_ap .. ;,;~·.:,0,;~-:.:.,,~:f···">'-:"'"if•':•,.,::'cJ,,".;_::.•.·;:::":,-;,•,,., ',:c.\:i:...:cN"''''·.·,c .. -.,~:l,.•,.;5,···;,':r:f Pl!cai;it:•1i.:.(.e.qoesbrg ttie·.fol,l_o.w1,ngy a,rJa(lc.es. 4_0.9~ •. h!l(tl ,#q'i'.:~:;5W·:,laRe·,Gou.o~ry Bwlders on: behal f.,of Katny. ~rad .. ·, ;-::~,,.~o)1er. .. ,~Jhe45'~25.0'.:zone . where ·.4.5 .. 7% carrenllyJ;ix1st --, -,--.,-~tiiti!l_-~~i!li:ii~~-,1~ ndtlct:.the'land;:altei ....... -.... ~ot:•~e11 f~ve,:nuifl&{it;;!~:~t(i Llests\a ·Vanance · to ··allow .29 '.78% hardcover lh the 75' _: _ _ . . . -,-50' zone'whei.e 30% curiently ·exists and · only 25 "/4,'.i s nor '/'." r;,;,";,,t:i.~~,.~w•,:f~ltt}:~~~1i~1~,~&(~~~~¥~;!8~i~:!.{:f~j.k~~~;;~1~,i~,!!J:~;;fif~!;'~~~~:~t;~~i:itt;t~ ·/IPJ,;32,p6 ·>Vogu!).,IGF,.l:fornes ,on ,,behalf .ofzKarerr;ag_d ,j.,;-~P_g(.nr .1;1oac:l ;:,,l::R:-.1.A _z~r.,.1r:igc.d.1stnct,·,1.equest '!_I .Var,ianc,, ·Beniai:nin Milbrath71404· B.alc;i.ur .Park Road, LR ,lC,zo □-,. ::-,;from I.he . accessory-structure.: sepa'rat1on ·•requ1rel1)ent t, irig disirict, r.equests.,the·.f6Howir:ig ·vatiam;_es .)o: cc;,,nst(ucl e, constiact an o□tdoor living ro,oni ai:,d-storage bujldlng fou a new ·l;iouse :,0.a· lot.aJ-ea of 0 .28.,acre'w.heril'Oi 5 acre Is re-. · .. · · feet from the: swimming pool'. wh.en a:tenfootseparation -i, quired ; •:a }ot w,idt~':ot ~Q;js•.::: wfier,e.~1-00J\i~r,e quired; .· ·,; · .. · r~ciuiie,d. )1 tiard9ov.ervarian ce.[s . also , requested_, ,. . . ' · 16-.07o/o'tiardcovef:1ii''tl:ie ·sout~ ·0,75'.-:fone· ·where iJo(le, Is ... ,~·'"; -· ,.;•:" "'{i''i'e'·,.,:-.-·· >,·'•'.".'''' · .-:·•: ,·· ··. · '· • •·--·•· ,, ·• · · ",· .. ,· · ·: ... allowei!; iiil :07 %:nardcover: la .:the ·:7,5-250.'. .. zone.: where :. ,; ,::: Al! person~·:1;ns,h1n.9 .. to . pe. h_e/Hd. are ei;icol/rag_e d to atten , ":25'.¾,[s;;i.ilowed ;,:ahd io.'r'i_c;il'(JiaiotairiJrie re quired lot grade . ; ,;}th1s,me;tl.~.9,/l:h1~: I~ _l)Ot __ a f•~al a_ger:,da .and IS . su _bJett ,t• -'of :932;5:,Jcit ·,t5AeeUt01il)hEi. sides. 6f 'the,propos.e.d ·stru¢-·; ,.•,:;~,c~a,nge ,:Pt1~.r . to_)fie lil:8:1 mg._-.Wn~en,.col"\1ments _ are ._a.c .,WW:!J1):~1r!t::,\~~-:t:1f:•:tr,i?i;'i!//f':/_,;,;/:,'Y1 ~,-. :,-.:~8/r./t~t~i_g~~if~~o~!i~~~tp;en~:~r!~~a~~!a?;~r11~a~i . #0.7,327,7,~•Sue:.Ne.Json;:s_oo ,pxtord-R.oad, tR-.1.A.zorung ... ·rabfe ·for ·rev1ew ·Jn the-:C1ty Offices and 'af.i inte1ested .pe1 districl,:•r,eq~ests'a.setba_ck\iar,iance .t9 ·c6nstruct ~'M' addi-/Y-;,;sons ·are eri<;olJragecf.to ' contact-tt:re City for further into, tiori tci th1(~ciilse:tob,ii')ocaie.d.:~7'.',/J6n'l .tt:ie .. rear _pr<JP.Eii:cy '• '(;_c,,ni~ti6ri '. f':o (ai)_,aj)poiritment, please call (952), 249 ,4600 t{ 11•~~:t!l!~!f~;:;t~~:~:{··· ...•. : .. '.·•··· · , ,which ,is 'curfei;jtly ,_:i:oiied;J,!F.l."-1'1;3.•Q.ri.'Elcfai:D.ilY•'.fl(Ji<\1 .. Flei;i\.,·:~:,;r pubJistied :inltie: Sun'~a,iloron April .5 ; 2001: ·•, . 1~irf £~~i1111;;1-riit~ii&!!~~~;iilf I~i;11ij/~~it:lii/?ftiji;~JZ i~i;Ofl~;~i !}/~::}'_:; · · , · · the CoinprEihensive'Pl,i'n :pei11rferit-'16"1he ·property ·by ,elim -': ·:.:,:·:•,,i1,-/ : :;_:Lo_og ~.ke _Posl .. ,ce ::i ,· ·/." ,. : · !~~4,i}I:~~~~~~~;~;~}t~~~~:t:tta;;r}{ff;}If):-~::;;:1~·:;i;-:~;~It:,~~1;~04 ~ia.£~i;!,_;.i __ ·· ~"; --.; ·- TRACKING SHEET FILE NO. 07-3266 Staff: ---- SITE ADDRESS: 1404 Baldur Park Rd. Applicant: Vogue ICF Homes Address: 8219 Cleary Ct. Inver Grove Heights, MN 55076 Owner: Benjamin & Karen Milbrath Address: 601 W . Riverside Ave. Suite 100 Spokane, WA 99201 □ Meeting with Staff Date: ______ _ ~ Application Completed Date: 3/ 1~/oJ 60 Day: _____ _ ~ Incomplete Notice Sent Date: t (t( <1 1 Cow of Application Sent to: ____iL__ EJ?-~ineer County DNR z,o, -- Property Owners Notified: Date: z[q ·t- MCWD LMCD Gr Legal Notice Published Date: t{f/JJ o J ~ PC Meeting(s): 3 lt q lo J I • Vote: -:--h\, '---·· -------- i/U1/ o1 Vote: 5 -f Arpn:i...ie- Vote: ------------------- City Council Meeting(s): __ --'--1-+--':c....._-------Vote: fuh( ,.L,, ~'--I-J-'-....,._.:::..---1-----Vote: ±zb( V _'-+----'---+--------Vote: -}2,b I ~ drAt-\--ve. so luh Cl\ !J/t'3flD7 ¾>pw«d □ Resolution: