Loading...
HomeMy WebLinkAboutProject Packet� t CITY OF ORONO - VARIANCE APPLICA .ram•-. 1 Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) PROPERTY LOCATION Site Address /'7�;,, �'-�! G>l A /AA'k /r'C/7L? Property Identification Number (P. I . D.//7 - % 3 J `/ G2/! Please check one Property —� abstract or torrens? C 1 T v OF DRM F1►; ,rr ncFICE 1 �J\'L vVV�i 01 LEN 1- 32 14CA TL 151. it RECEIPT-THANA YOU v _ Tjv CCv 1 ,4v1 T! 03,`2510 Attach legal description to application if not included on required survey. --------------------------------------------------------------------------� APPLICANT Phone ( home) Name (` //) CJ f l' Phone (work) JET Address: 1y1;1 ,}lV tX /-X A'A City: e7,rewe Zip: S_y ---------------------------------------------------------------- --- OWNER (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired ))k Ct/r►E3cR 1 't y (month/year) - ----I-(do)- �Oalso-own-the-adjacent-parcels-of-land----------------- PRESENT USE Or PROPERTY Present Zoning District 'Si �tlVTt/lt Present Use of Property ht ibcn « Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION Or REQUEST Estimated Construction Cost $ ��-e ', Describe request in detail: >/t A,' 11L,4 ------------------------------------------------------------------------------ VARIANCES RRQUIRED Lot Area Setback Variances ( Other )e__ Lot width Front A Hardcover -- Side Re-ir ) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: L- i 7, 1/17/3Z t --------------------------------------------------------------------------- DF.SCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with 'Zoning Code Requirements: /'h� /� I 7y S/I'til j J,(, rtT iyAnn '/�c ; L A'i '' --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Ccmpleted Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (110) pre -addressed to eac., of the names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. S. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property ow:iers list). 7. As an addendum to this application, please -ttach a separate list of any other persons you wish notified of this application. B. Additional items as may be requested by City staff. ------------------------------------------------------------------------•--- The Applicant and Property Owner must sign this application. P1e%%:S• remember that your variance application is not complete if the at,,a,•e information has not been included. Certification by Zoning Department that Variance Application is com,c.;ete Zoning Official's Signature Date "PLICANT' S SIGNATURE The applicant hereby agrees to provide all informations r­quire' or requested by the Zoning Administrator, agrees to pay all ices ar; •'or unusual expenses incurred in review of this applicat on, anti cert...fie chat the information supplied is true and correct to thr- test of s/her knowledge. Applicant's s:gnatuie _ L V,006-: Li _ :ate z It LIMNERS SIGNATURE The owner hereby ackowledges and agrees to tl,.s application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commi.ssion members, and Council members for purposes of investiga- tion and verification of this request. Owner's Signature t=L i ' /� lt�_� - _ Date - Applicant must have all submittalf i to-: -s City offices 25 days Before the Planning Commission Meeting. Plenninq Cc_ :,r.ission Meet is are t..ld on the third Monday of each month. Applicant- must be press at all scheduled review meetings of the Planning Commission and Coincil. If an applicant is unable to attend a ncheduleu meet ; iiy, !,lease make, hd Ve all authorized agent attend in your plat- and to advise the Bui ),,!inc; s zoning Office of this change prior to the ueet i ng Vi DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the per-;t or license requested. 2. Y,)u may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The infcrmation may be shared with other local, state or federal agencies to the extent necessary to process the hermit or license. 4. If your requested permit or license reqires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth -.re required to process this applic4cion or permit. First Middle Last Address Date of birt oas not apply to building/general permits) i,/ ,,'J,.rl Phone I understand my rights as stated above. X i§hlk cure D C 01F AAW ARM) d3 alp . �-iillsY RUN DATE 03/14/88 BATCH 003 38 08-117-23 31 0001 PROP ADOR 01400 CALDUR PARK RD OWNER NAME CHARLES B FE ID TAYPAYER CHARLES B HEIO NAMC!AOCR 1400 CALDUR PR RO WAY7ATA Mll 55391 38 08-117-23 34 0014 PROP ADOR 01420 BALDUR PAPK. RD OWNER NAME W R WITTMER t 3 1' WITTMER TAXPAItR WALTER R 6 514-PON f. WT'.,i[R 'AME/ADDR 142U .aALf)UR PARK P'_ WAYZATA MN SS101 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNEPS LIST 38 08-117-23 31 0002 013% BALD.'R PAP, FD TERPIS M ;AOLER 7EP'JIA M SAULLR 139b BALOUR PARK RD WAYZATA fN 55391 38 08-117-23 34 0015 01416 BALDUR PARK RD J C ULKU J C UKLU 240 PUSSELL AVE 50 MPLS MN 55405 REPORT NO. PI435401 PAGE 5 38 08-117-23 34 0013 01424 BALDUR PARK RD GARY 6 YINGER GARY G YIfIGER 1424 BALDUR PARK ROAD WAYZATA MH 55391 38 08-117-23 34 0016 01412 BALDUR PARK RD MORE AVENUE HOLDING COMPANY CURIIS C HAGFOPS 1412 SALDUR PARK RD WAYZATA MN 55391 38 j8-117-23 34 0017 38 08-117-23 34 0018 38 08-117-23 34 0028 PROP ADDR 01408 SALOUR PARK RD 01404 DALDtRi PARK. RD OWNER NAME JAMES P WERNER ET AL CHARLES AFFIAS PUBLIC ACCOUNTING SERVICES TAXPAYER JAMES P WERNER CHARLES AFFIAS ESTATE OF ECWARO SPINDLER NAME/ADDR 1408 BALDUR PARK ROAD LL14 JF--w AVE S C/O LARKIN. HOFFMAN. DALY WAYZATA MN 55391 ST LOUIS PARK. rat 55426 7900 YEPeES AVE S SUITE 1500 81COMINGTON MN SS431 �s AL 38 06-117-23 34 0029 38 08-I17-,.3 34 0030 38 06-117-E: 34 0031 PROP ADDR UWNER NAME PUBLIC ACCOUNTING SEPVICEJ PUBLIC ACCOUNTING SERVICES PUBLIC ACCOUNTING SERVICES TAXPAYER ESTATE OF EDWAPD SPI!<ULER ESTATE OF EDWAPD SPINOI'l ESTATE Of EDWARD SPINDLER NAME/ADDR C'0 LARKIN, HOFfMt.Fl, DALY C,'O LARKIN, HOFFMAN, P..LY C/O LAPlIH. HOFFMAN, DALY 7900 XERXES AVE 5 SUITE 1500 7900 /EPYES AVE S SUITE 1%0 7,00 sLPXES A.E S SUITE 1500 BLOOMINGTON MH 55r31 BLOOMINGTON MH 51•431 BLOOMIN;,TON M4 55431 38 08-117-23 34 0032 38 G8-117-27 34 0033 38 06-117-23 34 0059 Y '^) PROP AO 01428 SAL" PAFK. RD " - OWNER NAME PUBLIC ACCOUNTING SERVICES HAROLD R KITCHEN G A H ROTH TA,.AYER EL;TATE Of EDWAPD SPINDLER HAROLD KITCHEN GUENTHER R ROTH NAME/ADDR C/O LARKIN. HOFFMAN. DALY BOX 418 w..03 ELLEPOALE RD S 7900 XERYES AVE S SUITE 1500 NISSWA MN 56468 MI'P;ETOEIKA MI 5S343 BLOOMINGTON M4 55431 PROP ADO# OWNER NAME TAYPAYER TOTAL BATCH 003 00015 NAME/ADDR 5i 1 w RUM GATE 03/14/86 A BATCH QOs 0- HENNEPIN CIIUNTY PROPERTY INFORMATION SYSTEM fkOPERTT CNNERS LIST REPORT NO. PI433401 PAGE 6 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE PEPRESENTAIION OF INFOWMATIO'1 AS IT APPFARS THIS DATE ON THE PECOPOS OF THE HEIP,EPIN COUNTY DEPAdrMENT OF PROFERTY TAXATION, TO THE BEST OF MY KNOMILG':E Ar+O BELIEF, [[I DATE - ��1 I TY s CITY OF ORONO NOTICE Th- Planning Commission wi11 hold public hearinc,s ir, the Council Chambers at 1275 South Brown Road on Monday, April 18, 1988, at 7:00 p.m. on the matter of r,,viewing the following land use applications: 1. #1255 Orville Fisher, 1991 Fagerness Point Road, seeks hardcover and lakeshore setback variances within the 0-75' setback area to allow various additions to the existing residence. 2. 01259 William C. Odden, 3450 North Shore Drive, seeks a hardcover variance in the 75' to 250' setback area to allow construction of a three -car detached garage. '. i1260 John Nyqu+ st, 1432 Baldur Park Road, seeks variances for si de yard and street setback and a hardcover variance it the 75' to 21_0' setback area to allow construction of a two -car detac`ied garage. 4. 4.:261 Joe and Sandy Rauschendorfer, 3895 Shoreline Drive, seek variances fcr side yard, street, aijd lakeshore setbacks, and hardcover variances in the 0-75' and 15'-250' set!>ack area to a I low rer lacement of basement and foundation walls, and construction of additicns to the existing residence including an attached two -car garage. 5. 11262 Curtis C. Hagfors, 1412 Baldur Park Road, seeks variances for side setrsck and av, rage lakeshore setback, and a hardcover variance in the 75' to 250' setback area to allow ccnstruction of additions to the existing residence. 6. 11263 James Rivers, ' .ndward Marine, Inc., 1444 Shoreline give, seeks a conditional use permit and variances for setbacks ai,d hardcover required for the phased improvement of the marine+ property. 7. 11264 Tom i Chris Smieja, 20 Cygnet Place, seek a lot area variance to allow construction of a single family residence or a substandard vacant lot. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. By: Manning Commission t�rop;at P ann nq 6 Zen nq A m n st rator To be publ ished the week of Apr i 1 4, 1988. t11a n jrelr,aNn1 we '.w e11w try and / r ro Sautes �ww �� as f�n�lr arw 1 s 1SSe a ISO a a all an MAWwor owAwq we Nor iM Or N�uw. 1N/ nw Ames so" itrMlaeO • ...... t 11>r MMtQ �I► we Oahe arils r falgloael loom • as h to no *woo ow to allow somw raga I a a 1 iwai •irN�il $41111111 W► IM Aw aia ligioludou b NO good W OW WOOM ad a Urtal 90r M w NO t'r la Ma' MrSoulasiownw s-ataIlea 1'in N 1WO ftOIrrOGWO am ffiggioguO Mft moo -woo yr oft we awn WW arN WWQ "soft No ilea sow wlnaao w so W h awl /a a110' so too done fa i ommmowal • --Wod bwWMP �ft all/ aaw♦11 - of GSOMM 10 far ails 1 dU0 eleilANla - -MAW & skro Mc low. 1alri/has Mats M" a/ftlr r now -080 Old SNOW lrl dOO aalar► wa a MOdOWO +W OW M" h r M arNr aide la i aallaewau r aaNINN m 1a era Sir "Omb oa • 18" Jolted waare 11tr —O W-+ 6w law WWWO ra— earn a worn..+ Sao ANw+ aria Orr.. Got analr No Mwa. -- tw oo S�w �M >' 1Ma t�aNa ails am snow art OJWW obO 0060 Atoggoose to is -140 s Sp al a Onp rwq "memo • a 009n0 4" lump* to Mgooddid,010"4900Mtoi'a1onew 0 so ra we wild tuft • ' M e • IWO Mt eeaaaetea we .adobe tiw eta awYr a1 wrlw w " C 'r elil.ea ft NartltttOe Ar i�� ON/NNI�11 rk#MW r' OSONOL Son hold" a Bann RMMD SrlO M Ir air o� Ape a Affidavit of Publication State of Minnesota County of Hennepin Bill Holm. being duty sworn, on oath says that to is an authorized agent and employee of the publisher of the ^ewspaper knows, as THE LAKER. Mound Min- nesota, and has full knowledge of the facts which are stated below A ) The newspaper has complied with all the require- ments constituting qualifications as a qua',hed newspaper, a.dt provider! by Minnesota Statute 331 A 02, 331 A 07 and other 1pplicable laws as amended B 1 The printed IV�T(r which is attached was cut from the cuumns of said newspaper and was printed and published once each week for successive weeks It was first published Monday 1 I the day of 19 and was thereafter printed and published every Monday. to and including Monday the lay of 19 �0 �r Authonzed Agent Subscribed and sworn jo me on this f1P/L� 4 clay off 19 v ..-ate. +r...<4f• wore rnlormatiow t 1 ! i AS* 1—Q .rid ���:.] 0, .Tana++.it Ual�{ try onlr�re r1N UNK.& a? tie iw ,rich ,11 IV.141w110w +ae BROW" M w► 'IN abo.0 orwaty as S4 :per r`(* lit N+la AcluMP4 r. aryld , >< fG .e w1+r as 11 to :fw f ish ♦i*+u.�+-­r w.r , , v.e weed S.) l?i tW , •_ h CRRTIFICATR OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, tiennepin County, Minnesota, do hereby certify that a Notice of Public Hearing :oncerniny the matter of #1262, was mailed to the attached list of propel l y owners . In Witness whereof, I have hereun;.o set my hand nd seal this 4th day of April, 1988. t1 ► aB4o✓ ' sma Certificate of `uivey for Jeffrey D. Ulku of Lot 11, Block 1, Baldur Park Hennepin County, i•linnesota Q b. ' yd 1 hereby certify that this is a true• and ccrrect representation of a survey cf the boundaries cf Let I1, 81cck 1, Baldur Park, the lccat►on cf all existinj bjildings, if any, therecn, an0 the yrcpcsed ' caticn of a house, �gdrage and gazebcIces not purport ' _ show other ,mprcv*wents or encroachments. COFFIN 6 GRONBERG, INC. Date 4 - 10 - ®5 , �: ' s, . w►a✓ i-a wr ry n a rQ Ref-M .12155 Scale: I" a 40' Gordon R.Ceffin Reg.No. 6064 0 Ircn marker Engineers L lard Surveyors Long like, Nirnescta C 'L c' Z �` ,iL ff i ,,. . 't[ ¢fly' e? d' X t /" i?L4 C !�Lt14` - 1C7�1 �.�N cc'��• �/�4' Lf.ILI,iXf ,i4,,n .i GZ //,. 'Z t`� ••� � t C '� c � i /hs c ��' - � /� �� � .cam �2 �- �i►<< � •�'C � t <� /� tf 6��� �i s�-i� •IZI:e tz�n�t"d 40+; . / _ C to c Lac .(c LL K Git� tic( C►+ 4t C fju �•`n{��' >�ti.�`C t LL C4 Jt & =r I� .�'� y't. %�-� G"— l � • �':� )1 J , �' ; i / ..� � ��l t i* �" st ,' u., fi I. � K . a fi�f�iC � � �I l . t �a ♦ %a' 1 / •w Toe /;I 4 Z NoitT►• Aar L.LK[ MINN[.TONKA. I ... c I-,r.- - l.,.E 15 w•�swr MNaM �wn.e •cu ,..w. sa 4 r SCALL 106 F«T :11,:%:7.....: .it ''. bl`eo . ".ra. •_r-r� to ,:,:Y: n•rerr aert.••. tnet .-.s . .%t was rreteres " it ar _^to.-•r o dire_, ev�sr+ sfwr •M�tiat sae 4 "u.7 rogJter• r•M ..rJe7Or ur:lor the Islas 3 tr.e_tat• of :%nnos.ata. tr.ce R. !:e::•p. Tv 4 L a:rtn. ;e:. ::a. 57 T'X= '*t.. :ot are* s-parr :e•t ...xt .r.. .:ete.r '►i teat +! :«r.-h+r. `,9-* .. .. _. .'•. '* t* .ai: feet If :ae f'lr• •." c,v•r :*;Were foot:. Ex at Ina irspooe:! • * '•fi 210 /Rey seb— s^sa 2f ft�.+ ^ :•MG A" lei / N be•.r' M s• r•rr•'r 4.f64 .•:a it ;!2 yf'e..t.� 1' a t.f -r 6utitf! - 62 _1• / ?1' �241- -,'2a aj "Or" r ":we n rarrcrg _ A,' S. -'� tea= 2'0 /eir Olt v- s J137- tt � f � *�rifeoP'r P>f ��� = �i.•f,C �.. t r.. ti' .�• Tsta: liard eer i wr.t.••.o R S `-. a �.� = ' /•+ �t*Df f `tjil' i !'!i _'riff 56F : -� .11 of `sri savor sr*. is Eet•a,r ^; feet eft! Zl� feet of shcrs:ine.=sistirr_ hard cover is ». wC an, -reoase4 rari tower is '7.4 . of the 7.i-a square feet I.!!tat sres. r's" N�' C��S � � � . / _ � � e ?z4 - -:0 . 7h* tos:9ntt system !s tssed an en arew.04 s;r-x:-*t• north. • donates inch !ran ;',)e +parser fiuttd. e #•sates ir.ch .ror, ;:,>• iar�*r aet w:tn in%*rt insertied ''_ `''s• Plat of Boundary Surrey Section 8.117-23 B R U C E R. KELLEY for Ctty of Orono 'rolessional Engineer & Land Surveyor Hennepin County 2330 Fox Street CURTIS C. HAGFORS Orono. Minnesota 55356 Minnesota 121 473 655` N �\ 41 N G I' +3' W — -- — -- — — o'' ✓ S (p ��'�t� PAN S _.� Uj J D► sr w c.� 'tom ���U �teJ♦� F+eow� 6�.Ic P�� o � t� V#At,3 Cow. N• Slur ��Lr (SO, % I> vor /D, y ok> �., Alm eo v e-z 7 r• 2 m Adjacent Property Anvers' Acknowledgement lord A M I�r�'nI iye, �A)t ' I (we) rf uy k of ! 9 it IwP- Pt, X0 [print name s [print address have reviewed the plans for the proposed improvement or proposed use of the property located at �i���? R,91d4.E' /'rr also referred to as Land Use Application No. _ I (we) understand that in executing this acknowledgement, I (we am (arel not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I �;;G) am (ref aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date 1, y Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building i Zoning Office at least 10 days prior to the scheduled meeting date. cZ/4 973 6�sy I TO: Planning Commission Chairman Kelley Planning Commission Members City Administrator Bernhardson FROM: Michael Gaffron, Asst. Planning & Zoning Administrator DATE: April 13, 1988 SUBJ: #1262 Curtis Hagfors, 1412 Baldur Park Road - Variance - Public Hearing Zoning District - LR-lC Single Family Lakeshore Residential 1/2 Acre Application - Major additions to existing house, requiring hardcover variance, proposed replacement of existing garage will also require a street setback variance. The existing house is 9.6' from the side lot line, and the addition will require a 0.4' side setback variance. List of Ezhibits A - Application B - Plat Map C - Property owners List D - Survey E - Applicant's hardcover calculations as revised by staff F - Prelimin..ry house plans Pertinent Facts - 1. The lot is 50' in width. Applicant proposes to widen his existing house to 30', so that with a 9.6' side setback variance to the left side, the right side will be 10.4' from the right side lot line, not requiring a variance on that side. 2. The existing house and proposed additions are in line with the adjacent houses. No average lakeshore setback variance is required. 3. Applicant plans to extend his existing main floor level deck the entire width of the house at a depth of 7'. The adjacent houses do not appear to have decks. The proposed deck extension technically extends about 2' into the average house setback but will have no visual impact on the views enjoyed by the neighboring property owner. 4. The existing garaqe is 6.7' from the side lot line and approximately 12' from the street lot line, with doors facing onto the street. This garage will be removed and replaced with a 24'x 22' garaqe located 10' from the side lot line but still only 17' from the street lot line with doors facing the street, hence a 13' street setback variance is required. 5. There is no hardcover in the 0-75' setback zone. Hardcover in the 75-250' zone has been calculated by staff as 25.2% existing, 35.3% proposed. Staff's calculations differ substantially from the calculations by applicant's surveyor, apparently due to s•a' f's consistent exclusion of roof overhangs as hardcover. This is staff's assumption given that the surveyor did not provide details Showing how he arrived at his fiqures. Zoning File 01262 April 13, 1988 Page 2 With no hardcover in the 0-75' zone and 35.3% proposed in the 75-250' zone, this application is very consistent with recent hardcover approva 1 s on the adjacent properties to either side. The following table lists contemporary variance approvals in the immediate area: Harcover Aut.Rc ss , Lot Area 75-250' Area Allowed Reid 11,600 7,850 3,119 39.7• (1400) (0-75'=5.3%) Werner 12,000 8,250 3,012 36.5% ( 1408 ) Hagfors 11,117 7,294 2,572 35.3% (1412) Ulku 10,100 6,352 1,912 30.0% (1416) Wittmer 9,600 5,850 2,949 50.4% (1420) (0-75'-1.3t) Discussion - The applicant currently has a 1-story, fairly small house, with no basement. He is proposing to keep the foundation and walls of the existing house and make additions to it, including a second story. The location of this house is such that, if he ultimately determined that the existing house was not salt' -gable, the proposed location would still generally meet location requirements and we would at that point only ask that it be moved 0.4' to meet the side setback requirement. The applicant . s a l:-o proposing a double garage with doors facing Baldur Park Road, a distance of 17' from the right-of-way and about 20, from the actuAl driving surface. This location will allow hime to park a car in front of the qarage without hanging out into the street. Given that there is little traffic on this road, staff sees no problem with the variance to allow less than a 30' setback from the garage doors to the street, especially since that is the method that will produce the least hardcover on the property. The garage is appropriately to be set back at least 10' from the side lot line. The house itself will not encroach onto the average Lakeshore setback, but the proposed main f loor level fleck does extend East the average setback line, although the adjacent houses do not appear to have similar decks from which to measure. There would appear to he no encroachment on views enjoyed b- the owner of the property at 1416 Baldur Park Road as a result of the a>,ension of this deck the entire width of the proposed house. Zoning File 01262 April 13, 1988 Page 3 Staff Recovendation - Given that this proposal is very similar in scope and character with other contemporary property renovations on Baldur Park, staff would recommend approval of the requested variances as follows: Approve 9.6' side setback on left side of house where 10' is normally required. b) Approve 17' garage street setback where a 30' garage street setback is normally required. Approve an average lakeshore setback for construction of additional main floor level deck the entire width of the house. d) Approve variance for hardcover in the 75-250' zone of 2,572 s.f. or 35.3%. Approval would be conditioned upon: a) Floor level of all additions must be at elevation 932.5' or greater. b) If applicant determines that the existing house and foundation are not useable, the house shall be placed so that 10' side setback is met and shall be moved back far enough on the lot so that the deck will meet the averaqe lakeshore setback between the two neighboring residences. MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1988 11261 RAUSCHENDORFRR CONTINUED It was moved by Chairman Kelley, seconded by Cohen, to table this application until June for additional information and further consideration. Motion, Ayes 5, Nays 0. Regarding the planter box and fence, Planning Commission conceptually approved the plan per staff recommendations, noting that the fence at a maximum height of 6' above the road crown would not need variances. 11262 CURTIS dAGPORS 1612 BALDUR PARR ROAD VARIANCE PURI.IC BEARING 8:34-8:40 The Affidavit of Publication and Certificate of Mailing were noted. Curtis Hagfors was present for this matter. Gaffron explained th(� application involving major additions to the existing house and replacement of the existing garage with a new double garage. The intent is to lift the existing house and move it into the 0-75' area temporarily (1-2 weeks) in order to put in a new foundation, then construct house and deck additions to the house and also construct a new detached garage. Variances requested are as follows: 75-250' hardcover - Allowed - 25% or 2572 s.f. Existing = 25.2% Proposed - 35.31 or 7294 s.f. Per staff's memo, this hardcover variance request :s consistent with recent hardcover approvals on thy! adjacent properties to either side. Side setback for house addition - Required = 10' Existing house - 9.6' Proposed addition extension - 9.6' Variance - 0.4' Garage street setback - Required - 30' Existing - 12' Proposed new garage - 17' Variance - 13' Chairman Kelley noted that the major issue was the hardcover variance. There were no couirrent s from the public regarding this matter and thN public• hearing was MINUTaS OF THE PLANNING COMMISSION MEETING HELD APRIL 18, 1998 #1262 HAGPORS CONTINUED Planning Commission felt that if the plan was to lift the house and replace the foundation, that the house could be moved over and back to meet the 10' required side setback and back so that the proposed deck does not encroach the average lakeshore setback line. It was moved by Johnson, seconded by Hanson, to recommend approval subject to the following conditions: 1. Lowest floor elevation must be 932.5' or higher. 2. House may be stored for up to 6 weeks in the 0- 75' zone. 3. Replace house to meet required setbacks. 4. variances approved: a. Hardcover 75-250' - 35.3% allowed. b. Garage street setback of 17' allowed. c. Lot area/width variances. Motion, Ayes 4, Nays 1. Cohen voted nay opposing the hardcover increase. #1263 JAMES RIVERS-MINDMARD MARINA 1444 SHORELINE DRIVE CONDITIONAL. USE PSRMIT/VARIANCES/ COMMERCIAL SITS PLAN REVIEN PUBLIC HEARING 8:46-9:26 The Affidavit of Publication and Certificate of Mailing were notcl. James Rivers was present fur this matter. JacoL)s reviewed the proposal to build two new structures on the property. Reviewal of variances as follows: Parking -- The property is 7 parking spaces short of the required number, which has previously been approved including a conditional use permit for commercial overflow parking in a residential district. No change to what currently exists is proposed. Of the 72 parking spaces provided, Planning Commission felt that 6 spaces should be designated fo. retail use .2 months of the year, and 66 spaces designated as seasonal spaces from May . - September 40 of each yeer. This was based on requirments of the retail spa e building. Minimum Landscapingq Applicant is requesting a variance t the Lakeshore, side yard, and front landscaping section clue to the parking requirements, size of the structure, the size of lot, and roadway through middle of the property. H 7,ONING FILE. NO. 1262 CITY OF ORONO NOTICE OF PLANNING COMMTSSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 4/22/88 ------------------------------------ ------------------------------------- TO: Curtis Hagfors COPIES TO: 1412 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------ DATR OF MEETING: 4/18/88 VOTE: 4 For 1 Against Planning Commission recassends the following: Approval subject to conditions noted below EOTES AND SPECIAL CONDITIONS: A. Lowest floor elevation must be 932.5' or higher. B. House may he stored for up to 6 weeks in the 0-75' zone. C. Replace house to meet required setbac:•ks. U. Variances approved: 1. Hardcover 75-250' - 35.3% allowed. 2. Garage street setback of 17' allowed. 3. l,ot area/width variances approved. Applicart's next scheduled meeting is confirmed as: City Council May 9, 1968; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes. thw•, are available from the city Recorder after review and approval by the Commission. To: Mayor Grabek and Council City Administrator Bernhardson FROM: Michael Gaffron, Asst. Planning 6 Zoning Administrator DA R: May 4, 1988 SUBJ: 11262 Curtis Hagfors, 1412 Baldur Park Road - Variance - Resolution Application - Replace foundation under existing house, and to construct major additions to house. A new detached garage is also included in the proposal. Zoning District - LR-1C Single Family Lakeshore Residential 1/2 Acre List of wishibits A - Memo and exhibits of 4/13/88 8 - Planning commission minutes of 4/18/89 C - Planning Commission Action Notice dated 4/22/88 D - Proposed Resolution Discussion - Piea:>e review the memo and exhibits of April 13, 1988. The applicant proposes to lift his existing house and move it temporarily into the 0-75' setback zone. He then plans to construct a new foundation that will be located so that the appropriate side setbacks and average lakeshore setback will he met. lie then proposes to place the house back on the foundation and construct additions. The proposal also will include removal of the existing garage and construction of a new detached garage to be located 17' from the street where a 30' setback is normally required. There is no hardcover in the 0--15' zone and none is proposed. Hardcover requested in the 75--2501' zone is a total of 2,572 s.f. or 35.11. The Planning Commission reviewed this application at their April 18th meeting and recommended 4 in favor 1 against to approve the variances requested, subje(-t the following conditions: a. lowest floor elevation must he '412.5' or higher. 1). The existing house may he stored f -r up to 6 weeks in the A- 75' lakf�shr ro s(,thar-k zrnt-. r. The new f, undat ion to be conSt ruct—i must be located to mPl ' the required 16a' side setbacks, ar.1 l e set back frcisa the lak*a s,. that the deck will meet the average lakeshore setback. I. Approval of hardcover variance to allow 3S.31 hardcover in the 75-250' zone. Approval of a garage street setback of 171. f. Approval of lot area anal lot width variances. Staff Reco endatiow - Staff recommends approval per the Planning "•r+mmi !si-n rip(-,mmenmlat aon, per the attached resolution. Cite cif" ( RONCA RESOLUTION OF THE CITY COUNCIL NO 24` A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10. 2 5, S U RD I V I S I ON 6(B), �-•+�+� --�--- SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.03, SUBDIVISION 13 - FILE #1262 WHEREAS, Curtis Hagfors (hereinafter "the applicant") is owner of the property located at 1412 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoninq Code Section 10.25, Subdivision 6(B) to allow construction of a single family residence on a lot of 0.26 acres in area where 0.50 acres in area are normal ly required and of width 50' where 100' in lot width are normally required, and for a variance to Section 10.22, Subdivision 2 and ;ection 1.0.55, Subdivision 8, to allow hardcover in excess of the 25% hardcover normally allowed within the 75-250' setback zone, and to allow temporary storage of A principal structure in the 0-75' Lakeshore setback zone where no temporary structures are normally allowed, and a variance to Section 10.03, Subdivision 13, to allow construction of a detached garage with dooI_s facing the street to be located ' 7' from the street lot line where a street lot line setback of 30' is normally required. Minnesota. NOW, THRREPOPE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 11262. 2. The property is located in the ;,F-IC Single Family Lakeshore Rest ,'lent is l Zoning District. i. The Orono Planning Commission reviewed this application on April 18, 1988, and recommended approval of the proposed variances based upon the following findings: Paqe l of ` City of ORONO ) RESOLUTION OF THE CITY COUNCIL ecause the proposal is to remove the existing house foundation and store it on the property, the foundation --an be located so as to meet the required setbacks and average lakeshore setbacks. fr,rr new side h. There is no existing hardcover .n the 0-75' lakeshore setback zone. The proposed 35.3% hardcover in the 75-250' zone is necessary and reasonable to accomplish applicants rede%elopment of his property with a house, detached garige, and minimum driveway area. The proposed hardcover variance is consistent with similar variances granted for other properties in the neighborhood to accomplish similar property renovations. c. Baldur Park Road is a lightly travelled residential street, hence construction of a detached garage located 17' from the travelled roadway will not cause a safety hazard in the neighborh000 but will prc vide pay king area between the garage and the street. The existing garage to be removed is only 12' from the street, hence the proposal creates a safer situation than now exists. d. Storage of the existing house in the 0-75' setback zone for a limited period of time will have no detrimental effect on 'he environment nor on the neighborhood. e. There is no additional land available to make tr; s a conforming lot. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant at I 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 grantinq the variance would not adversely affect traffic condition , light, air nor pose a fire hazard or r`thpr danger to neighboring property: would not merely serve as a .cnvenience to the applicant, but is necessary to alleviate a-emonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant.; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page : of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2427 CONCLUSIONS, O1tDRR AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a residence on a lot containing 0.26 acres in area and 50' in width where 0.50 acre and 100' in width are normally required, and grants a variance to to SL-tion 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow temporary storage of the existing residence within the 0-75' setback zone where no temporary structures are normally allowed, and grants a variance to allow 35.3% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normally allowed, and grants a variance to SectioiA 10.03, Subdivision 13, to allow a garage -to - street setba -k of 17' where a 30' garage -to -street setback is normally required, subject to the following conditions: 1. The lowest floor elevation of the reconstructed residence must be 932.5' or higher. 2. The existing house to be relocated on the property may be stored for up to 6 weeks in the 0-75' lakeshore setback zone. The applicant shall take whatever erosion control measures aie deemed necessary by the City during that period. 3. The new foundation and replacement of the house and the additions shall meet the required 10' side setbacks, and the house shall to located such that the the deck will meet the average lakeshore setback requirements. 4. Hardcover on the property shall be as follows: a. 0-75' setback zone = No hardcover approved. b. 75-250' lakeshore setback House 1,320 s.f. Deck 210 s.f. Sidewalk 82 s.f. Garage 528 s.f. Driveway 432 s.f. parking area Total 2,572 s.f. zone (area = 7,294 s.f.) / 7,294 s.f. = 35.3% Applicant is advised that no future hardcover will be approved for this property, and any future proposals to increase hardcover on the property might be approved only in conjunction with concurrent removals of existinq hardcover, resulting in no net hardcover increase. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2427 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 9, 1989). 6. Violation of or non-compliance with any of the terms and conditions of this variance 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 applicant has read, understood and hereby agrees to the terms of this resolution and on beha' -)f himself, his heirs, suc.;essors and assigns, hereby agrees recording of this resolution in the chain of title of the -ty. Adopted by the Orono City Council on this 9,1, day of May, 1988. ATTEST: Dorothy M. Na in, City Clerk ,Tame R. Grabek, Maycr Property Owner(s) Fade 4 r>f City of ORONO RESOLUTION OF THE CITY COUNCIL NO. a STATE. OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of F 198 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared _ known to me to be the persons descri, ., in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 11 MINU2RS OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 91 1986 #1262 CURT HAGPORS 1412 BALDUR PART( ROAD VARIANCE RESOLUTION i2427 City Administrator Bernhaldson explained the request to replace the foundation under the existing house And to construct major additions to the house and a new detached garage. The proposal consists of lifting the existing house and moving it temporarily into the 0-75' area while constructing a new foundation which will be located so that it meets the side setback and average lakeshore setback. There is no hardcover in the 0-75' zone and none is proposed. Hardcover in the 75-250' zone is proposed at 35.3% requiring a variance. The proposal also consists of removing an existing garage that is located 10' from the street lot line and replacing it with a new detached garage 17' from the street lot line requiring a variance. Curtis Haqfors was present for this matter and noted that he 1.ruposes a sidewalk from the garage to the house Instead of the stepping stones indicated on the survey. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to adopt Resolution 12427 approving the proposal per staff recommendation. Motion, Ayes 5, Nays 0. MAYOR'S REPORT: Mayor Grabek reported that he will be appearing before the City of Long Lake Cc-inci 1 on May 17, 1988. He plans to propose a joint Long Lake and Orono community effort of working together. He stated he intends to address the continued threat of annexation on Long I,ake's part. PLANNING COMMISSION APPOIN'IKKUT Councilmember Peterson stated that any of the five canaldn+ns would be qualified to serve on the Planning Commission noting that it is a difficult decision to choose only one individual for this allointment. It was moved by Councilmember Peterson to nominate Robert L. Minkema, 3200 Bayside Road, as a new Planning Commission member. Her nomination is based on Mr. Minkema's involvement with accounting practices with other cities; and his philosophy on what and how Orono should remain. There was no second to the motion. Motion fails. 13 TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: May 17, 1988 SUBJECT: 11262 Curtis Hagfors, 1412 Baldur Park Road- - Request for Amendments to r.evious Variance Approval PERTINENT FACTS Approved 5-9-88 Revised Request Garage Street Setback 17' (Var.-131) 21' (Var.-91) Driveway Hardcover 432 s.f. 528 s.f. Sidewalk Hardcover 82 s.f. 111 s.f. House North Side Setback 10, 9.6' Total 75-250' Hardcover 2572 a.f.(35.31) 2697 s.f.(37.01) DISCUSSION At Council's May 9th meeting, variances were approved for the above referenced application. After that meeting, the applicant looked more closely at his property and decided to request some revisions to his proposal, as follows: 1. Instead of a 17' street setback, he would set the garage back even further to 211, to be in line with neighboring garages and provide him with a bit more room to park his car in front of the garage. 2. As a result of that greater driveway setback, his additional driveway hardcover is 96 s.f. 3. Instead of a 2' sidewalk width as was approved, he is requesting a 3' width. That sidewalk will be a little shorter with the revised location, but will be an additional 29 s.f. of hardcover. 4. Applicant notes in his letter of request that further investigation of his costs of moving the house will dictate that it be merely lifted and set down on the new foundation, not moved in the 0- 75' setback zone. However, he is finding that due to the existing floor joist layout and the necessary orientation of the beams to ri �e the house, it will be difficult if not impossible to slide the ' e sideways. He is requesting to keep the existing 9.6' setback ra....er than move the house 6 inches to meet the required 10' side setback. This proposal will result in hardcover increase 125 s.f. over that which was approved May 9, for a final total of 37.01 rather than 35.3% previously approved. !!A// RNCOINNNai1TION Council has 3 op�-ions: 1. Send the revised application back to the Planning Commission for additional review. 2. Deny the additional variances requested. 3. Approve the additional variances requested. If Council wishes to approve this request, the previous resolution can bye revised to reflect the changes. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6(B), SEC?ION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.03, SUBDIVISION 13 - FILE #1262 WHEREAS, Curtis 11agfors (hereinafter "the applicant") is owner of the property located at 1412 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and I WHEREAS, the applicant has applied to the City for a variance ti Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a single family residence on a lot of 0.26 acres in area where 0.50 acres in area are normally required and of width 50' where 100' in lot width are normally required, and to allow continuation of the existing 9.6' side setback for reconstruction of the existing house where a 10' side setback is normally required, and for a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow hardcover in excess of the 25% hardcover normally allowed within the 75-250' setback zone, and to allow temp-Nrary storage of a principal structure in the 0-75' lakeshore setback zone where no temporary structures are normally allowed, and a variance to Section 10.03, Subdivision 13, to allow construction of a detached garage with doors facing the street to be locates'. 21' from 'he street lot line where a street lot lire setback of 30' is rormally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1262. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. i. The Orono Planning Commission reviewed this application on April le, 1988, and recommended approval of the proposed variances based upon the following findings: page 1 Cf City of ORONO RESOLUTION OF THE CITY COUNCIL NO, -1427 a. Because the proposal is to remove the existing house from its foundation and store it on the property, the new foundation can be located so as to meet the required side setbacks and average Lakeshore setbacks. b. There is no existing hardcover in the 0-75' lakeshore setback zone. The proposed 35.3% hardcover in the 75-2r0' zone is necessary and reasonable to accomplish applicants redevelopment of his property with a house, detached garage, and minimum driveway area. The proposed hardcover variance is consistent with similar variances granted for other properties in the neighborhood to accomplish similar property renovations. c. Baldur Park Road is a lightly travelled residential street, hence construction of a detached garage located 17' from the travelled roadway will not cause a safety hazard in the neighborhood but will provide parking area between the garage and the street. The existing garage to be removed is only 12' from the strpPt, hence the proposal creates a safer situation than now exists. d. Storage of the existing house in the 0-75' setback zone for a limited period of time will have no detrimental effect on the environment nor on the neighborhood. e. There is no additional land available to make this a conforming lot. 4. After the Planning Commission review, applicant requested a 0.4' side setback variance for the house, noting that moving the house into the 0-75' zone will be cost prohibitive, and the existinq floor joist layout and existing utility connections would make the necessary 4"-6" sideways movement of the structure to meet the 10' side setback, not feasible. 5. Similarly, the applicant subsequently revised his request to allow additional hardcover of 125 s.f. (1.7%) so that the garage could be placed 21' instead of 17' from the street lot line, leaving more parking room, and revising the proposed sidewalk between the house and garage to a width of 3' rather than 2' originally proposed. 6. The City Council has considered this application including the findings ant recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 C"'/ i ty of ORONO RESOLUTION OF THE CITY COUNCIL NO l 7 7. The City Council finds that the conaitions existing on this property are peculiar to it and do aot apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal zoning Code Section 10.25, Subdivision 6(B) to al low construction of a residence on a lot containing 0.26 acres in area and 50' in width where 0.50 acre and 100' in width are normally required, and grants a variance to that same section to allow continuation of the existing 9.6' side setback for reconstruction of the house, and grants a variance to to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, to allow temporary storage of the existing residence within the 0-75' setback zone where no temporary structures are normally allowed, and grants a variance to allow 37.0% hardcover in the 75-250' lakeshore setback zone where only 25% hardcover is normal ly allowed, and grants a variance to Section 10.03, Subdivision 13, to allow a garage -to --street setback of 21' where a 30' garage -to -street setback is normally required, subject to the following conditions: 1. The lowest floor elevation of the reconstructed residence must he 932.5' or higher. 2. The existing house to be relocated on the property may be stored for up to 6 weeks in the 0-75' lakeshore setback zone if the applicant desires. The applicant shall take whatever erosion control measures are deemed necessary by the City during that period. 3. The new foundation and replacement of the house and the additions shall meet the existing 9.6' side setbacks, and the house shall be located such that the the deck will meet the average lakeshore setback requirements. 4. Hardcover on the property shall he as follows: a. 0-75' setback zone m No hardcover approved. Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO b. 75-250' lakeshore setback House 1,320 s.f. Deck 210 s.f. Sidewalk 111 s.f. Garage 528 s.f. Driveway & 528 s.f. parking area Total 2,697 s.f. zone (area - 7,294 s.f.) / 7,294 s.f. - 37.0% Applicant is advised that no future hardcover will be approved for this property, ai.. any future proposals to increase hardcover on the property might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no net hardcover increase. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of *-h-q date of Council approval, cl- this variance will expire on that date (May 23, 1989). 6. Violation of or non-compliance with any of the terms and conditions of this variance 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, .successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of May, 1988. ATTZST: l orothy M. llin, Tity Clerk Property Owner s sL James-P. GrabP , Mayor Page 4 of S City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2427 STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) Q It rn this - day of before me tar Pub1i w yin a appeared G, the persons) described in ark instrument, and acknowledged tha his (their) free act and deed. ('h440tts A. Anursun NOTARY pL*UC _ ►HNNES07A HEN�NN^ COUNTY STATE OF MINNESOTA )ss. COUNTY OF HENNEPIN ) %C' 0 19 8 j county, personally known to me to be w o executed the foregoing he (they) executed the same as 116TA—RY PUBLIC :� - i5- y_3 MY COMMISSION EXPIRES On this day of , 198 , before me a Notary Public within and for said County, persona fly appeared known to me to be the person s described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTUY PUBLIC MY COMMISSION I Page 5 of 5 MINOTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 #1129 TODD WATERS CONTINUED Mr. waters stated he would prefer to 10 the work privately. fie stated the original pipe was an 8 inch pipe which ran under the original old house and does not feel an 8 inch pipe will be adequate. Waters asked if the City would provide the engineering for the project and the property owners would take care of the project. He also requested an extension of time from June 15 to July 15. Mayor Grabek stated he felt *he Council would be amiss to pay for the engineering of this project and was not in favor of extending the deadline date. Mr. Dennis stated that the pond ing area was decreased because of a larger house being built but other factors such as the houses to the north have increased hardcover. He stated he will have to go to Court and put a restraining order rn the Waters' property. fie stated he has spent a lot of money to raise his house up 2 feet anti the water keeps rising. It was moved by Mayor Grabek to have the property owner return the property to its original condition. Motion failed for lack of a second. Administrator Bernhardson stated that in the original resolution Waters was to put back the 8 inch pipe. Most of the restoration is near the house, but within the 0-75' zone, the Council may consider a 10 or 18 inch pipe and whether it is done privately or publicly. It was moved by Mayor Grabek to table this time. Motion failed for lack of a second. It was moved by Councilmember Sime, seconded by rouncilmember Goetten to approve the regrading, allowing the retaining wall 8 feet from the house along the lakeside, the irstallation of a 10 inch drain pipe at the expense of Mr. waters and grant an extension of time t-) July 15, 1988 for complete restoration. Motion, Ayes 4, Nays I. Mayor Grabek voted n3 y. �,-41262, rums HAGPORS 1411 'hALDUR PARM ROAD REQUEST FOR AMENDMENTS TO PREVIOUS VARIAW-F APPROVAI. Mr. HAgfors was pre.,ant for this matter. Administrator Aerhnardson reviewed this 3pplicatiOn for Council. Since his prev iour; appearance befcro 8 MINUTES OF THE. REGULAR ORONO COUNCIL MEETING HELD MAY 23, 1988 #1262 CURT HAGFORS CONTINUED :ouncil he has decided to merely raise the house and redo the foundation, which would create a slight side yard setback variance of about 4 to 6 inches. :n addition he would increase the garage setback from the street from 17 to 21 feet. This will increase the driveway hardcover and the overall hardcover increases about 125 square feet. Mr. Hagfors stated he needs more room behind the garage for parking and increased safety. He stated this will place his garage in line with neighboring properties. The expense of movin,I the house is high therefore he would like to 3ist lift it up rather than moving it laterally. Councilmember Goetten stated there are changes on all of the requests and this should go back to the Planning Commission. She stated there were too many changes to the original application. Mr. Hagfors stated he would just relocate the garage and :hat he wished to not go back to Planning commission to save time. It was moved by Mayor Grabek, seconded by Councilm-tuber Sime to approve the variance request which included increase in hardcover of 1.7%. Motion, Ayes 4, Nays 1. Councilmember Goetten voted nay. 11273 ROLLIN LACY 2655 NORTH SHORE DRIVE. CONDITIONAL USE PERMIT AND VARIANCE RESOLUTION 12434 Mrs. Lacy was present for this matter. #1274 DAVID NELSON 749 SO(rM `° : I.LOW DRIVE VA17ZIANCE RKSOLUTION /..435 Administrator Berhnardson reviewed this application for Council. It was moved by Councilmember Sime, se -,tied by Councilmember Goetter to adoit Resolution 12434 approving the conditional use permit and variances as outlined by staff. Motion, Ayes `, !lays OJ. Mr. Nelson was present f,, this matter. Administrator Bernhard:�— reviewed this matter for Counc i 1 . ('ounc i Imember Goetten asked i f the upgrade of the 9 APPLICATION NO. 1262 CITY OF ONONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/24/88 ------------------------------------------------------------------------ TOs Curtis eagfors 1412 Baldur Park Road Naysata, MN 55391 T"N OF APPLICATION: Variance ------------------------------------------------------------ DAT= OF NZEI 1 5/23/08 VOTss 4 For 1 Against COUNCIL ACTION - IM ONt To approve amendments to the previously approved variances, as follows: 1. Approve street setback of 21' for detached garage. 2. Approve 75-250' hardcover of 37.00. 3. Approve house side setback of 9 6%. The resolution of approval has been revised, and a copy is enclosed for your review. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. 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 data of approval. Permit application must be submitted no later than 5/23/88. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) POPHAM, HAIK,SCHN00RICH & KAUF'MAN, LTD. l; =y V 0��MI7�00 olrcll JAI/RAr TOWER L.-ft NN[A�OL15. MINN[SOTA 55402A•ATNt*cl[•»oNto.wANowuowcoo+AOM(i{I!-)))-AROO /ROAN NJOMNRO{ANN( O i�l11t(„+T�MOINr W ,IV[RT CCA{7lt• Iw(COMT[L[CO•ItwMANA[1CAROB {WANQIIL(TT(1))1{I{-))1-tTl) {RUC[A•tTtJVII[ /l[ (L T. NILAN 1)/1 {li-))�-!1{1 JUII( A. /W[IT)[w N A. O•{O T N. LTNN TNON A/ C•YItL[NNAV![M tACN(w M[! A{ Y. {I •ItIN{ :)II{1/-)��'/{O) YIC»AtL D•CMw.iT[N{ON {[N{ON A. WMI T C. YOIIANtM J MICNA[L fCNW Awl( KATM RTN M. WALKER ,A{ /. r•[L{ON ♦000 III! JON Nf ON atORat • {OG»A A{ J wA010 {VITt »00 J[IIRtT •. CAIRNi {NAM( w. A(lL[• 1, NA{NMAII Il00 {tVtNT[tNTN iTwt[T LOVI{ I SMITH iu{AN M. Wtli ((N N MARTIN p[NV[A, COl.Ol1AD0 •o{o{ {wucs ». LlrrLt MAw11 /. ,(N C.C. C CNILDi YAwM / •AIMA QVAN( w. NO[CI[w Ai • >.[ATON TLL[•NON[ )O)-R�)'Is00 RV{{t LL { •ONt/{A A! ( iANNtw It L[CO.1[w )O)-��)'il{A {wvAN L. CwAW IORO wO A. AA•lAM MATTN(W C. DAYOM {. M•IN[[T[w{ {VIT( )00 lDNTN JONN w •wovo p1 lOYMi[l [. w1C N7[w 1{00 M {IR[tT, N. W. tLLtN {V[ PARKER /w[O L.MOwR1{ON LIN{TROTH WA{NINOTO N, O. C. :OO)fa owtOOw• o. {wo01I[R A. iMITM ttl[•MONt /O)-{!w-{)00 WILLI AY M. GJllt. Jw. LO Y Lewis T[l[CO•II.R /Ot -�/w-{)1{ r(w RANCt A. COiT[lL0 OCT. A. TNOM •/ON JC i(•N O• VA{/ J.MALLtLANO plii[CT DIAL NUM �[A {wtAM W. ONY •A{r1TT(i IN .0.ti. {. •[T(wlON {T(VtN A. GM[Lt{NIK •AirITTt/ .N .\�.wOli (612) 334-2549 December 12, 1988 WArNt O. •O•NAM JAM(i w♦rY AIA OAVIO AND SC- wOOcw W »No{w•cN at[ t. Dt Nv(w wAV/MAN wouwT A M1N1{N ALAIN �({llt ROL/t A. W.MOCN MICNA O. MARC WN1T[N(AO w0{tR TNOM {wVC[ D- WILLIS rwt OCMf Clt S. RICNAMO{ 008tw i. RO{t of JONN{ON THOY 1Awr A MAGOM{tR TNOM wo{ !.{VRrt DAVIO » + •LVNACTT.11l AATML /r O[RICA C GROWN JONN TNOYA{M. sea* OOVQL TNOY JAYt{ w. {Ttll(N J AMt{ {. IO C""ART M#CMA ALLCH w. NINO[wAK CA /wUCt Gll►/OAC M Owt(Nt iCOTT Q, WIILI AY w.V/MAN •AVL J YICNAtI O./wttMAN {COTT HOWARD {AN MvtR{. III DONA LARRY O [{•CL (LI(A 11 CITN JANIt S. YAr[wON TNOYA{ I.{ARw[TI MARw Ms. Jeanne Mabusth CITY OF ORONO p. 0. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Listed below are resolutions which have been filed in torrens property with t-he Registrar of Titles and returned. Name Resol. No. Doc. No. Date Filed Dana M. wells (COT #681449) 2388 1950159 August 8, 1988 Curtis Nagfors (COT f197131) 1427 1950169 August 8, 1968 If you hav#3 any questions, please feel free to call either me or ply secretary, Paula Van De Laarschot (334-2656). Very truly yours, Nancy E. Husnik Legal Assistant ZPLV3 Lnc.(5)