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Fee /<j -00
Rece i p 0
Init_ ,Is -
CITY OF ORONO - VARIANCE APPLICATION
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)
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PROPERTY LOCATION
Site Address
Property Identification Number (P.I.D. ) 0 2 - // 7- 1 3 3 / Joy/
Please check one - Is the property X abstract or torrens?
Attach legal description to application if not included on required sur- ey.
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APPLICANT Phone (home) '/ % / °f S ? 8
Name a R- I. e ,? 1 '' �' Phone (work) / % y
Address : y0J �,� u t. %AMC ��� City: J�) 4 j 44 7 "Q Zip:
--------------------------------------------------------------- ------------
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address: City: Zip:
Date Property Acquired 4 `!
(ir-nth/year)
I (M (dr not) also own the adjacent parcels of land.
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PRESENT USE OF PROPERTY (% /�
Present Zoning District �`� v _
Present Use of Property U^»' `n t '"`- Residential`
Other (spec°fy)
-------------------------------------- ------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request in detail: A d J -O e X 11 AJC(D1f-o
-------------------------------------------
---------------------
VARIAWM REQUIRED
Lot Area Lot Width
Setback variances ( Front
` Hardcover
Side Rear)
Other
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HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
e-forcement of zoningg regulat'onssGoG,��rti./
---------------------------------------------------- ----------------------
DRSCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property cgn�itions preventin? compl#ance with Zoning
Code Requirem,nts: o, v_--Q 4 /a') t LA
--t
------- _------------------------------.-----------------------------------
REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners wit' in 150' (you -an obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (#1r) pre -addressed to eacn of the
names on the above list with no return address.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
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The Applicant and Property Owner must sign this application. Please
ramember that your variance application is not complete if the above
information has not been included.
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Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to ray all fees and/or
unusual expenses incurred in review of this aFP�ica ion, and certifies that
the information supplied, is true and,, corrervt t the hest of his/her
knowledge.
A l c ant' s Signature C. Date
Apt I
r'
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authoriz^s reasonable entry onto the property by City staff, consultants,
agents, Commission me s, and Counci emb s for purposes of investiga-
tion and verificatio this reQrli st
)1� , X-1
Owner's Signature �^ 1Date
---------•--------- ------------------------ .------------------------
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings ase held on the
third Monday of each month. Applicants must he present at all scheduled
review meetings of the Planning Commission and Council, and, if an
applicant is unable to attend a scheduled meeting, to please make arrange-
ments to have an authorized agent attend in your place and to advise the
Building z Zoning Office of this change prior to the meeting.
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, ''Rights of subjects of data",
we would like to inform yo, that your request for a perr t or
license from the City of Orono or any of its departments may
require you to furnish certain private or c:)afidential inform-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, bu= refusal may require
that the City ddny the permit or license.
3. The information may be shared with other local, state
or federal agencies to the ex,:ent necessary to process
the permit or license.
4. If your requested permit or license regires council
a-tion to approve, some information may become public.
S. You have certiin rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this applicu--ion or permit.
First Middle L,pst
Address
LA-) A X 7- ,,4 14-1 A)
Date o.f birth(does not apply to building/general permits)
Y 7y 9S7 8
Phone
I unde�s and my right e. sted ve.
x
nature
Adjac• '-Property Owners' Acknowledgement Form G
I (we) TL_'2/t 5+/4S of
print names) print address
have reviewed the plans fo:- the proposed improvement or proposed use of the
property located at IV9d �� �' ` ` also r_(erred to as Land "tee
Application No.
I (we) understand that in executi , this acknowledgement, I (we) am
(are) not asked to declare approval or disapproval of the property or use
but merely to co..firm for the City Council }hat I (we) am (are) aware of
the improvement plans and that the proposed neighbor's project or use
requires Council approvai.
Property Owner Date
r/
roperty Owne
3
Date
If you have any information that may assist :he City in the review of
this Land Use Application, please submit your rciaments to the Building 6
Zoning office at least 10 days prior to the scheduled meeting date.
CITY FVONO A►
NU t ICE
The Ptannng Commission will hold pudic
hearvps in the Council Charriba, , at 1275 South
Brown Road on Monday April 70 1987, on the
,"after of the loaowr•vj lanr' ,A a 4"lirms
1 1124 Jim and Rutha � Lange, 4160
raest Lake Drive - Seek lot area and wdth var.
Writes to twdd a reswance on an undeveloped
lot
2 1 124 Charts B Red, 1400 Beidur Park
—«elf setback mid hardcover variances
to ronstruct an adddton to the s1re+ aide of his
residence
3 1 126 Robert and Sharon Gehrman, 4300
Sixth Avenue North reek a slag setback van
&we for a porch adadton to their eatsing rest•
dlence
4 1129 Todd Waters. 3061 Casco Pr n1
,,Wad • SMke a "whore setback and hardcover
vartanCes for additions and manor reconstruction
of existing residence
5 1130 Ken and Renee Eggert 13i - Rest
Pant Road -Seek a lot area rene.rai verti,ce
to build a residence on an undeveloped b'
6 1 131 Guenther Noeltng. 1060 Tonka va
Road Seeks a oorditlonai use permit to alter
his isheshore yard in order to irsiat a parmr»rn
dock
7 1 132 Douglas bumpardner 3800 vest
Wayzata Boulevard is required to the a rand;
ttonal use permit as the new owner of this retail
food market known as Summer -field r rrns
6 1134 Paul Bagrucki 250 Waitr,fww Road
Seeks a Ct.. iddionat use pWma to ilstall a pond
g 1 135 Robert Nanning. Jr. 4220 Sinlh
Avenue North - Seeks a Conditional use permit
to allow in @ nsteilahOn of When terms adla
cent to the street lot !re of his property
10 1137 Marc Frdziet and Desyt P. terson.
4385 Chipoewa t ane Seek liMback variarxes
to construct additions and a second story to the
existing residence
All persons wiahng to be heard will appear at
this time Written comme, is are solicited Pons
are evWaDle for review in the City offices by
appoentmeri/
City of Orono
By Pt r•,ning cornintsswn
Jeanne a mebusth
Budding aril zoning Aomnistratar
IH,bkshed in The taker and PiOriew on Monday
Ap►d 6 19871
x
D
APR 2 21987
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn, on oath says that he is
an authorized agent and employee of the puhlisher
of the newspaper known as THE LAKER, Mound, Min-
nesota, and has full knowledge of the facts which are
stated below:
A.) The newspap. —is complied with all the require-
nients constituting qualifications as a qualified
newspaper, as provided ry Minnesota Statute
331 A.02, 331 A.07, and other applicable laws, as
amended.
No C' G�
C
B ) The printed ..__ __ .. —_-•-
which is attached was cut from the cokNnns of said
newspaper, and was printed and published cnce each
week f or _ /:� successive weeks
It was first published Monday,
the the _ ,9 day of ' A/ .,
and was thereafter printed and published every
Monday, to and including Monday,
the day of _ 19
bk—
Subscribed and sworn
tto/ me on this
/ v day of
By ,�rf/.Z
war
..", r..", Notary Public
Q"'w
eJ�a
Rate Information
(11 Lowest rtassified fats paid by corrMtercWi ufers to cortipara
bie apace $ 7 64 per inch
12) M&xV,,unn rare allowed by few for a^eve matter 64 54 par rncn
(3) hale actuaRY charged to( above ,"alter $4 54 per rrKh
Each addNI" wccesarve weak $3 03 per wvctl
CITY OF ORONO
NOTICE
Th- Planning Commission will hold public hearings .in the Council Chambers
at 1275 South Brown Road or, Monday, April 20, 1987, on the matter of the
foilowing land use applications:
1. N1124 Jim & Ruthanne Lange, 4160 Forest Lake Drive - See': lot
area and Width variances to build a residence on an undevelope I lot.
2. N1125 Charles B. Reid, 1400 baldur Park Roau - Seek setback and
hard`c&ver variances to construct an addition to the street side of his
residence.
3. #1126 Robert & Sharon Gehrman, 4300 Sixth Avenue North - Seek a
side setback variance for a p.3rch adOition to their existing
residence.
4. #1129 Todd Waters, 3061 Casco Point Road - Seeks a lakeshore
setback and hardcover variances for additions and major reconstruction
of existing residence.
5. #1130 Ken & Renee Eggert, 13-, 1 Rest Point Road - Seek a lot area
renewal variance to build a r-sidence on an undeveloped lot.
6. #1131 Guenther Noelting, 1060 Tonkawa Road - Seeksa conditional
use permit to alter his lakeshcre yard in order to install a permanent
dock.
7. #1132 Douqlas Bumgardner, 3800 West Wayzata Boulevard is Required
to file a conditional use permit as the new ov.ner of the retail food
market known as Summerfield Farms.
8. #1134 Paul Baszucki, 250 Wakefield Read - Seeks a conditional use
permit to install a pond.
9. #1135 Robert Hanning, Jr., 4220 Sixth Avenue North - Seeks a
conditional use permit to allow the installation of earthen berms
adjacent to the street lot line of his property.
10. A1137 Marc Fritzler & Desyl Peterson, 4385 Chippewa Lane - Seek
setback variances to construct additions and a second story to the
existing residence.
A1.1 persons wishing to t-,e heard will appear at this time. Written comments
are solicited. Plans are available for review in the City offices, by
appointment.
City of Orono
By: Planning -ommission
Jeanne A. Mabusth,
Building z Zoning Administrator
To be published the week of April 6th, 1987.
CERTIFICATE OF 14AILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin ''ounty,
Minnesota, do hereby cer'ify that a Notice of Public Fearing
concerning the matter of #1125, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 7th day of April, 1987.
J ie Bosma
Ira
• �, lol
r ,
000
ORONO HARDCOVER CALCULATION WORKSHEET
LAKESHORE
A. Existing
B. Existinq
C. Existing
hardcover
D. Proposed
E. Proposed
hardcover
F. Allowed
SETBF:CK
lot area
hardcover
percentage
hardcover
percentage
hardcover
ZONE
in zone
in zone
f 'B- A) x 1001
in zone
[ (D,A) x 1001
percentage
oo
0
0-75'
J sf
J sf
sf
0
75-250'
sf
-' L sf
f
%
25 04,
250-500'
sf
sf
3�o
sf
30 %-
500-1000'
sf,
sf
/r
sf
35
Directions:
A. Existing Lot Area in Zone - includes the total square footage of dry buildable land
within the specified zone.
B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks,
driveways (qravel or paved) and other rain -impervious surfaces within the specified zone.
C. Existing Hardcover Fercentage - divide the number in B by the number in A and multiply by 100.
D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional
hardcover.
E. Proposed Hardcover Percentages - divide the number in D by the number in A_ and multiply by 100.
F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed
the allowed percentages in column F, you should contact. the Zoning Department at 473-7357
to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal
of existing hardcover matches the additional hardcover proposed, resulting in no net increase
of hardcover in a specified zone, a variance may not be necessary.
LAKESt-FORE RF.0 ,IONS %AND HARDCOVER j
4
SEC. 10.22. REGULATIONS FOR "LR-lA", "LR-lA-10, "LR-IB",
"LR-lC" AND "LR-IC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT.
Within any "LR-lA", "LR-IA-1", "LR-lB", "LR-lC", oc "LR-1C-1" One
Family Lakeshore Residential District the following regulations
shall apply:
Subd. 1. Lakeshore Set Rack Regulations. The set back
from the shoreline for lakesnore lots shall be at least 75 feet and
no building may be located closer to the shoreline than the average
distance from the shoreline of existing res+.dence buildings on
adjacent anJ nearby lots.
Subd. 2. Lakeshore Hard Cover Regulations. 4ithin 75
feet of shoreline there shall be no excavating, filling, hard
cover, temporary or permanent structures. Within 75 to 250 feet of
the shoreline there shall be no greater than 25% hard cover.
Within 250 to 500 feet of the shoreline there shall be no greater
than 30% hard cover. Within 500 to 1,000 feet of the shoreline
there shall be no greater than 35% hard cover.
Subd. 3. Tree Removal Regulations. No trees within 75
feet of the shoreline with the diameter of six (6) inches or more
shall be remc- d without first obtaining a permit from the Council.
HARDCOVER LIMITATIONS
0-75'
Zone -
0%
Hardcover
allowed
75-250'
Zone -
25%
Hardcover
allowed
250-500'
Zone
- 30%
Hardcover
allowed
500-1000'
Zone
- 35%
Hardcover
allowed
Percentage of hardcover for eaci,
zone is calculated as follows:
Area of hardcover
in zone (sq. ft.) percentave of
- — X 100 = Area of lot hardcover in zone
in zone (sq. ft.)
NOTE: Measure setback distances
perpendicular to the shoreline,
not along the lot line.
IZnAL
LAXESHORE A. Existina
SETBACK lot area
ZONE in zone
WGr aj O
0-75' e'"T 7 S0 sf
75-250' 73 S 0 sf
250-500'
Soo-io0e'
Directions:
sf
sf
ORONO HARDCOVER CALCULATZON!WORKSHEET
B. Existing
hardcover
in zone
Z cO
C. Existing
hardcover
perc-ntage
[ (B=A) x 100'
S,"z
0
p sf O
zy� of
o/
sf
0
of ;
D. Proposed
hardcover
in zone
O
b sf
? 1 sf
E. Proposed F. Allowed
hardcover hardcover
percentage
;(D:A) x :Ong percentage
S.3fo
25
s f 1)/. 30
sf
3 5 '%
A. Existing Lot Area in Zone - includes the total square footage of dry buildable land
within the specified zone.
B. Existing Hard,,--ver in lore - includes the square footage of existing roofs, decks, sidewalks,
driveways (crave: or paved) and other rain -impervious sur4'aces with:.n the specified zone.
C. Existing Harc:ccver Percentace - divide the number in B by the number in A and-,-:Itiply by 100.
D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional
hardcover.
E Proposed Hardcover Percentages - divide the number in D by `_he number in A_ ane multiply by 100.
F. Allowed Hardcover Percentages - if the percentages in column E for any se --back zone exceed
the allowed percentages in column F, you should contact the Zoning Department at 473-7357
to discuss the oossibi_ities of obtaining a variance. Generally, if a concurrent removal
d of existing harcover matches the additional hardcover proposed, resu'_tina in no net increase
of hardcover in a specified zone, a variance may not be necessary.
HARDCOVER REVIYW
#1125 Charles Reid, 1400 Baldur. Park Road
1) 0-75' - Area = 3,750 s.f. east end, no hardcover on east end; 850 s.f.
west end, about 10x20' portion of driveway or. 200 s.f. (5.3%) on west
end. (This will remain the same configuration.)
2) 75-250' - Area = 7,850 s.f. +/-
Existina Hardcover:
Deck
(16x23)
= 368
s.f.
House
(23xl2)+(24x24)+(12xl2)
= 996
s.f.
Well
Pit/R. Sidewalk (2x50')+(4x4')
116
s.f.
Entry
Sidewalk + Steps
- 60
s.f.
Gravel
Driveway Avg. 13'x100'
= 1,300
s.f.
TOTAL 2,840 s.f.
2,840/7,850 = 36.2% existing 75-250' hardcover
ProAosed Hardcover:
Deck (16x23) = 368 s.f.
House Existing = 996 s.f.
Addition (30x30)+(12xl2) 1,044 s.f.
Sidewalk + Well Pit = 116 s.f.
Driveway (40'xAvg.17')+(15'xAvg.10')= 830 s.f.
------------
TOTAI, 3,354 s.f. = 42.7%
J
HARDCOVER )4 VV I rW
#1125 Charles Reid, 1400 BaIdur Park Road
1) 0-75' - Area = 3,750 s.f. east end, no hardcover on east end; 850 4.f4
west end, about 1Ox20' portion of driveway or 200 s.f. (5.31) on west
end. (This will remain the same configuration.) i
2) 75-250' - Area - 7,850 s.f. +/-
Existing Hardcover:
Deck (16x23) 368 s.f.
House (23xl2)+(24x24,+(12xl2) 996 s.f.
Well Pit/R. Sidewalk (2x5O')+(4x4') 116 4.f.
Entry Sidewalk + Stc2ps � 60 s.f.
Gravel Driveway Avg. 13'x100' 1,300 G.f.
TOTAL 2,840 s.f.
2,840/7,850 = 36.2% r'-<isting 75-250' hardcover
Proposed 11,11- fir -over:_
Deck (16x)31
House
n
�P'
368
s.f.
Fx :.sting
Addition ('jOx30)+(12x12)C20I26')
,,�r,2
=
996
1.,044
s.f.
R16ewalk t Well Pit
116
s.f.
s.f.
-/to
--lop
Driveway (40'xAvg.11')+(lr5''xAvg.10')
830
s.f.
TOTA
.1 �J� `-------------
nn
3,354
s.f.
= 42.,%
Pffyise D
f-d�
�. ► Jd� I�
,ram'
31
c% GAI,^, I / >i-t&.- -1
qoo XPRxes A)p 5 .
Sum
STY 3 I
coo 33p,�o LD IC . rcN�
Bok t-1 � a
/Ucsswc, t," SLy�B
ORONO HARDCOVER CALCULATION WORKSHEET
LAKESWRE A. Existing B. Existing C. Existing D. Proposed E. Proposed
SE'"BACK'- lot area `•rdcover hardcover hardcover hardcover
percentage percentage
ZONE in zone in zone
(, in. zone (B:A) x 1CC) [ (D.A) x 10
0-75'
75-250'
250-500'
500-IOCC'
f
sf
O
s f sf K.
sf sf
sf
sf
Aj
sf
o/p
0
s f �o
sf
o�
0
r
F. AUbwed
-1fardcover
�percer.tage
0
25
30
35
Directions:
A. Existing Lot Area in, Zone - i udes the total saua footage of dry buildable land
within the specified zone.
B. Exist nq Hardcover in Z e - includes the square footage f existing roofs, decks, sidawalks,
driveways idravel o avedl and other rain -impervious surf ea within the specified zone.
C. Existi-g Hardcov Percentage - divide the number in B by the urrzer in A and multiply by 100.
D. Proposed Hardc�er in Zone - includes the existing hardcover pl all proposed additional
hardcover.
E. Proposed Hardco}ter Percentages - divide the number in D by the numbs in A and multiply by 100.
F. Allowed HardgA Ger Percentages - if the percentages in column E for any tback zone exceed
the allowed percentages in column F, you should contact the Zoning Depart nt at 473-7357
to discuss the possibilities of obtaining a variance. Generally, if a'concu ent removal
of existing hardcover tches the additional hardcover proposed, resulting in e net increase
of hardcover in a specified zone, a variance may not be necessary.
1'
fJ t'Di- "! I LE & ASSOCIATES, INC. LAND SURVEYORS
__--_ El40 r 1 .r.G CLOUD DRIVE 941.3030 EDEN PRAIRIE, MINN 55343
CERTIFICATE OF SURVEY
Survey For:
Books G % Pago 2 2 ,
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I AIWA.Fit LLE & AS-13CiATLS, INC.
CA40 FLYING CLOUD DRIVE • '?41.3030
CERTIFICATE OF SURVEY
Survey For.
s
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EDEN PRAIRIE, MINN 55243
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To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: April 13, 1987
Subject: #1125 Charles Reid, 1400 Baldur Park Road -
Variance - Public Hearing
Zoning District - LR-lC, 1/2 acre, sewered
Application - Variances to side setback, hardcover to allow addition of
living space and attached tuck -under 2-car garage.
List of Exhibits
Exhibit
A -
Application
Exhibit
B -
Plat Map
Exhibit
C
- Property Owners
t,ist/Acknowledgement
Exhibit
D
- Survey
Exhibit
E
- Staff Sketch of
Proposal
Exhibit
F
- Applicant Sketch
Regarding Grading & Drainage
Exhibit
G
- Hardcover Calculations
Exhibit
H
- Copy of Airphoto
Exhibit
I
- Applicant Sketch
of Side Setback Encroachments
Pertinent Facts:
- Lot area 75-250' = 7,850 s.f.
- Existing hardcover 75-250' = 36.2%
- Proposed hardcover 75-250' = 42.7%
- No change propcsed in 0-75' hardcover (5.3%, all in driveway)
- Side setback existing (west side at point of new addition
attachment) = 7'
- Addition will encroach less as it extends toward road, with 10'
side setback cn ho-h sides at end of addition
Discussion:
Applicant is requesting variances in order to upgrade his residence,
another in the continuing series of similar upgrades on Baldur Park Road
over the past 5-10 years.
I. Side Setback Variance. The existing house ranges from about 4' to
about 7' from the lot line. The addition will range from 7' to 10' from
that line. Applicant will have to do some grading and provide a partial
retaining wall between the addition and the lot line. Staff feels this is
feasible and will have no detrimental effect on the neighboring property.
Drainage between the properties is a minor concern, and applicant plans to
direct drainage from the roof along the lot line both to the north and
south.
Zoning File #1125
April 13, 1987
Page 2 of 2
II. Hardcover Variance. Because the proposal is for an attached garage,
the driveway required will increase the hardcover to a slightly higher
percentage than has been approved for other properties on Baldur Park in
recent years. A summary of previous applications follows:
October 1985 - Werner, 1408 Baldur Park Road - 75-250' zone allowed
36.5%. This was a similar situation as Reid, but has a detached
garage near the road.
August 1984 - Ulku, 1416 Baldur Park Road - 75-250' zone allowed
30.0%. Again, a detached garage near the road kept the hardcover
percentage down.
June 1983 - Sjeklocha, 1424 Baldur Park Road - 75-250' zone allowed
32% by resolution; however, that review was done when gravel parking
areas were considered as non -hardcover. . .that property is actually
now at about 50% hardcover, even with the detached garage.
December 1981- Posnick (Sadler), 1396 Baldur Park Road (permit issued
1983) - 75-250' zone allowed was 25% for this new residence; however,
it was approved with the consideration of using a "porous pavement"
for the driveway which would not be considered hardcover; to our
knowledge that has not yet been installed, and actual hardcover on the
property is about 37-40%, with attached garage in this case.
The current proposal does not include a backup pad in the driveway,
and staff feels that it is not needed given the low traffic levels and slow
speeds on Baldur Park Road. There is virtually no "easily removable
hardcover" to compensate. The driveway could not be reduced much from that
shown on the staff sketch and still be functional. The 42.7% could be
decreased to around 41.5% by removal of the sidewalk along the existing
house. The other option of course, is to cut down the size of the addition
and construct a detached garage near the road, which potentially would
decrease 75-250' hardcover to below 40%.
Staff Recommendation:
The proposal is similar to others approved along Baldur Park Roo"'.
The hardcover per-entage requested is slightly higher than the typical
approved level because of the attached garage. In order to recommend
approval, Planning Commission must find that there is a hardship justifying
the variances requested, and should attempt to be consistent with past
approvals.
MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 20, 1987
#1124 JIM 6 RUTHANNB LANGE
4160 FOREST LARK DRIVE
VARIANCA
PUBLIC HEARING 8:33-8:38
The Affidavit of Publication and Certificate of Mailing
was noted.
Jim Lange was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for a lot area variance to build on substandard
vacant Lot 4 Block 1 Forest Arms Country Club Addition.
Staff recommends approval based on the lot area
variances for vacant separate lots in the LR-lB district
which have been consistently approved over the past 5
years.
No one as present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Taylor, to
recommend approval of the lot area variance as proposed
subject to staffs conditions #1-8 as outlined. Motion,
Ayes 6, Nays 0.
#1125 CiARLBS B. REID
1400 UR PARK ROAD
CBS
PUBLIC HEARING 9:34-9:56
The Affidavit of Publication and Certificate of Mailing
was noted.
Charles Reid was present for this matter.
Assistant Zoning Administrator Gaffron explained the
request for side setback variance and hardcover variance
to addition of living space and attached tuck -under 2-
car garage as follows:
a) Side setback variance -
addition will range from 7' to 10' from lot line
which is less encroachment than the existing
house (4' to 7' from lot line)
b) Hardcover variance in 75-250' zone -
Existing hardcover = 36.2%
Proposed hardcover = 42.7% (500 s.f.)
Of the proposed 500 s.f., 360 s.f. is on a slope
which already drains to hardcover area.
Gaffron explained that the current proposal does not
include a backup pad for driveway, which staff feels is
not necessary. The only hardcover that could possibly
be removed is the sidewalk along the existing house
which would decrease the proposed 42.7% hardcover to
41.5%. Another option to decrease hardcover would be to
9
MINUTES OF THE PLANNING COMMISSION MEETING HELD APRIL 20, 1987
#1125 REID CONTINUED
cut down the size of the addition and construct a
detached garage near one rord , which potentially would
decrease 75-250' hardcover below 40%. Gaffron reviewed
previous approved Baldur Park hardcover variance
applications which ranged from 30% to 40%.
Johnson felt that the proposal which results in doubling
the square footage of house is too extreme.
Brown felt that the hardcover should remain consistent
with the previous approved hardcover variances of 30% -
40%.
Chairman Kelley felt the hardcover variance was
excessive and should be reduced. He agreed that a
detached/attached garage was a practical request for the
property.
Cohen felt hardcover should be reduced to under 40%.
Hanson felt less hardcover could be architecturally
achieved.
Taylor also felt the hardcover should be reduced below
40%.
Mr. Reid felt his request was comparable and in line
with other approved requests.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by Taylor, to
recommend approval of the side setback variance and
hardcover variance of "less than" 40%. Motion, Ayes 6,
Nays 0.
#1126 ROBERT GERRMAN
4300 SIXTH AVENUE NORTH
VARIANCES
PUBLIC HEARING 9:56-10:05
The Affidavit of Publication and Certificate of Mailing
was noted.
Robert Gehrman was present for this matter.
Zoning Administrator Mabusth explained the request for a
21.4' side setback variance for a family room addition
and deck. Applicant's property is located in the 5-acre
district requiring 50' side setback. Staff suggested
the possibility of locating the deck on the southwest
corner in order to reduce variance request.
10
ZONING FILE NO. 1125
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 4/21/87
-----------------------------------------------------------------
TO: Charles Reid COPIES TO:
1400 Baldur Park Road
Wayzata, MN 55391
TYPE OF APPLICATION: XX Variance
--------------------------------------------------
DATE OF MEETING: 4/20/67 VOTE: 6 For 0 Against
Planning Commission recommends the following:
XX Approval: subject to conditions noted belcw
NOTES AND SPECIAL CONDITIONS:
1. Approval of side setback variance as proposed.
2. Approval of hardcover variance with maximum hardcover in
75-250' zone of "less than 40%" i.e. no more than 3,139 s.f.
Staff recommends that you submit a revised site plan before
the Council meeting, how you can acr .eve less than 40% hardcovcar
on the property.
-----------------------------------------------------------------
Applicant's next sch`-uled meeting is confirmed as:
Council May 11, 1987
If you desire certified copies of the official Planning
Commission minutes, they are available from the City Recorder
after review and approval by the Planning Commission.
To: Mayor Grabek
Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: May 7, 1987
Subject: #1125 Charles Reid, 1400 Baldur Park Road -
Variance - Resolution
List of Rzhibits
Exhibit A - Memo & Exhibits of 4/13/87
Exhibit B - Planning Commission Minutes of 4/20/87
Exhibit C - Planning Commission Action Notice of 4/21/87
Exhibit D - Applicant's Revised Proposal Meeting Criteria of
Planning Commission Recommendation
Exhibit E - Resolution
Discussion
Please review the memo and exhibits of 4/13/87. This is a .request for
a side setback variance and hardcover variance to construct an addition to
the existing residence.
Planning Commission recommended approval subject to applicant holding
his 75-250' haro,:,:,ver to no more than 40%. Applicant has submitted a
revised proposal with a 4' narrower addition, removing the sidewalk, and
narrowing the driveway to the minimum usable width, ending up with 39.7%
hardcover in the 75-250' zone.
Staff Recommendation -
Staff recommends approval per applicant's revised plan in accordance
with the Planninc Commission recommendation, per the attached resolution.
'n,, .-,,,I...
5311797
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 170
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
AND SECTION 10.25, SUBDIVI;ION 6 (B)
FILE #1125
WHEREAS, Charles B. Reid (hereinafter "the applicant") is the
owner of the property located at 1400 Baldur Park Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 15, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.22, Subdivision 2 and 10.25, Subdivision E
(B) to permit the construction of a residence addition to be located 7'
from the side lot line where a 10' side setback is normally required, such
addition resulting in an excess of hardcover in the 75-250' lakeshore
setback zone where only 25% hardcover is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1125.
2. The property is located in th- LR-lC Single Family Lakeshore
Zoning District.
3. The Orono Planning Commission reviewed this application on April
20, 1987, and recommended approval of the proposed variance based upon
the following findings:
A) The existing residence is 7' from the side lot line. The
proposed addition will range from 7' to 10' from the side lot
line, continuing the line of the existing house. This addition
will have no significant impact on light, air, open: space or lake
views from the neighboring property.
B) Applicant can reduce the proposed hardcove- from 42.7R to
under 40% in the 75-250' setback zone without appreciably
affecting the intent of his proposed addition. Hardcover in the
75-250' zone of 40% or under is consistent with ither properties
in the Baldur Park neighborhood and is consistent with prier
variance approvals in the area.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2170
icant has submitted a revised proposal that. includes 39.7%
hardcover in the 75-250' zone.
5. The City Council has considered this application including the
findings and 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.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a
convenience to the ap�,licant, but is necessary to alleviate a demon-
strable 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, ORDF'" kND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.25, Subdivision 6 (B)
to permit the construction of a residence addition located 7' from the side
lot line where a 10' side setback is normally required, and a variance to
Section 10.22, Subdivision 2 to allow hardcover of 39.7% =- the 75-250'
setback zone where only 25% hardcover is normally allowE' abject to the
following conditions:
1. Hardcover in the 75-250' lakeshore ,etback zone shall not exceed
39.7% or 3,119 s.f. Is follows:
Existing House
996
s.f.
Existing Deck
368
s.f.
Existing Well Pit
16
s.f.
Addition
924
s.f.
Driveway
815
s.f.
3,119 s.f.
2. Applicant is advised that no additional hardcover will be approved
on the property, and any future proposals to add hardcover will t rc
approved but might be approved only with concurrent removals ok
existing hardcover, rt ulting in no net increase in hardcover.
3. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application f( a building permit within one year :r the data or
Council approval, or this variance will expire on that date (May 11,
1988).
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2170
4. Violation of or non-compliance with any of the terms a.id
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.
5. The undersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs, suc,.;eAs rs and assigns, hereby agree to the recording of this
resolution!!' Cie ,chain of title of the prope_ ty.
AdoE
ATT�ST: r �'
o t M. n,
ooerty Owner s
the Orono City Council on this llth day of May, 1187.
.W,� "rk *m�s R. Gra
Mayer
Page 3 of 4
City of ORONO
[NNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2170
On this p� L� day of ,_ f 1982
before me a Notary Public wit in, and for/said county, personally
appeared ,C I a4.1- S /� Cj rl 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.
- L- - ' Z-/L/yr�-
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) 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
Page 4 of 4
TRANSFER ENTERED
K"- OF PROPERTY 14 3 PUBLIC RECORDS
ALIG 13 1987
1
er .._ kTM
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceer'ngs of said City Council at a meeting of said City Council held
on May 11 19 87 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
12th day of MaY 19%
i /
w Y^
/DbWothy allin, City Clerk
(SEW
�
o
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 11, 1987
#1124 LANGE CONTINUED
It was moved by Councilmember Sime, seconded vy
Councilmember Goetten, to adopt Resolution #2169
approving the variance per the recommended conditions.
Motion, Ayes 4, Nays 0, Abstention 1. Mayor Grabek
abstained because he is an abutting property owner of
—� the applicant.
(!#1'125 HARLES B. REID
1400 LDUR PARK ROAD
'vaiip&CE
RESOLUTION #2170
Charles Reid was present for this matter.
City Administrator Bernhard -.on explained the request for
z side setback variance and hardcover variance to
construct an addition to the existing residence.
Planning Commission recommended approval subject to
applicant holding his 75-250' hardcover to no more than
40%. Applicant has since submitted a revised proposal
with a 4' narrower addition, removing the sidewalk, and
narrowing the driveway to the minimum usable width,
ending up with 39.7% hardcover in the 75-250' zone.
Councilmember Goetten commented on the attractiveness of
upgrading done in the Baldur Park Road area over
past few years.
It was moved by Councilmember Sime, seconded by
Councilmember Goetten, to adopt Resolution #2170
approving the variances per the revised plan in
accordance with Planning Commission's recommendation.
Motion, Ayes 5, Nays 0.
#1126 ROBERT GEHRMAN
4300 SIXTH AVENUE !WORTH
VARIANCE
RESOLUTION #2171
Robert Gehrman was present for this r, tter.
City Administrator Bernhardson explained the request for
construction of a family room addition requirinc, a side
yard setback variance. Due to the septic drainfield
location, County Road 6, and interior floor plan, there
is no other possible location fur the addition.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2171
granting the variance per staff recommendation. Motion,
Ayes 5, Nays 0.
11
ZONING FILE NO. 1125
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 5/13/87
-----------------------------------------------------------------
TO: Charles Reid COPIES TO:
1400 Baldur Park Road
Wayzata, MN 55391
TYPE OF APPLIrATION: XX Variance
------------- --------------------------------------
DATE OF MEETING- 5/11/87 VOTE: 5 For 0 Against
COUNCIL ACTION - MOTION:
To approve per the attached resolution. Please contact the
Building Department regarding the necessary permits.
-----------------------------------------------------------------
XX WORK PERMITS ARE REQUIRED - contact Building Inspector before
beginning work.
XX VARIANCE APPROVAL is limited to the extent shown on approved
plans. Do not change plans. -lance authority expires one
year efter approval.
If you desire certified copies of the official Council
minutes, c;iey are available from the City Recorder or City Clerk
after reviaw and approve'_ �y the City Council.
WAYNE O.POPMAM
R AY M'1Np A. MAIN
ROGER W.SCHNOSRICH
DENVER KAUFMAN
ROGER♦ A. MINIS.
ROLFE A.WORDCN
O. MARC WHITEHEAD
eRUC-E O.WILLIS
FREDERICK S. RICHARD$
O.ROeER+ JO.NSON
G>RY R. M.COM*9R
MODEM?$.BUNK
HUG. V. PLUNKETT. III
VMCDCP41CK C.SROWN
THOMAS K. BERG
JAMES R.ST[ILEN
.TAMES S. LOCKHART
ALLEN W. HINDERAKER
CLIFFORD M.4REENE
O. WILLIAM KAUFMAN
MICMAEL O. FREEMAN
POPHAM, HAIK.SCHNOBRICH & KAUFt.4AN, LTD.
3300 PIPER JAFFRAY 'OWE1'
MINNEAPOLIS. MINNESOTA 551502
TELEPHONE
BIZ-333-4600
TELECOPIER
HOWARD YAM MYERS."I elz-33•-zT13 RICHARD A. KAPLAN
CARRY D.[SP[L
JANIE S.MAY[RON
THOMAS J. SARR[TT
JAMES A.PAYNE
DAVID A.JON[S
LEE C..SHEEHY
^LAIN IR[CON
PATRICIA A. JENSEN
LESLIE GILLETTE
MICHAEL T. NILAN
ROBERT H. LYNN
THOMAS M. $IPKINS
ROSERT C. MOILANEN
THOMAS '.NELSON
THOMAS J. RADIO
DAVID L.HASHMALL
KATHLEEN M.MARTIN
JOHN C.CHILOS
DOUGLAS P. $[ATON
THOMAS E.S^NN[P
Ms. Jeanne Mabustn
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Dear Jeanne:
:RUCC e-M�PHCETER$
OARY D. eLAGMIORO
',. IJITE z400
SCOTT E. RIGHTER
1200 SEVENTEENTH STREET
PAUL J. LINSTROTN
DENVER. COLORADO e0202
SCOTT A. SMITH
TELEPHONE 303-E63-1200
EL42AGCTH A. THOM►SON
TELE COPIER 303-893-2194
KEITH J. HALLELAND
MARK e.PETCRSON
SUITE 300 SOUTH
D. RANDALL •OVER
1e00 M 31 RrET. N. W.
eRIAN N. JOMNSON
WASHINGTON. D. C. 2003e
TIMOTHY W. AUCK
TELEPHONE 207-92e5300
CAROL■.SW^NSON
TELECOPIER 21?2 82e - 5318
BRUCE A. PETERSON
DIRECT DIAL NUMBER
JULIE A. SWEITZCP
334-2540
September .,
THOMAS C. M.CL9..^USCN
KATHLEEN A.S\.ATZ
MICMAEL O.CMRISTENSON
J. MI!'.MAEL SCHWART2
LAR^YE M.OSGORNE
987 TODD M.JOHNSON
JEFFREY P. CAIRNS
LOUIS P. SMITH
FRANCIS J. CONNOLI.T
BRUCE M. LITTLE
HARP F. PALMA
RUSSELL S. PONE 1*A
BRYAN L.CRAW ►O 'O
DAVID K. RYDEN
MATTHEW EDAM, 1
JO M N W. PROVO
OREGON, O. ORC I ER
WILLIAM M.OJIL[ -R
'E RRANCE A. COW 'ELLO
JOSEPH 0. —so
eRIAN W. OHM
STEVEN A. CN$LE SRIIR
00900010.4co"
SHARON N. FULLI-90
O• COUNSEL
LIED L.MORRIec .
The enclosed resolutions have been filed in abstract
property and have been returned:
Name
Resol. No.
Doc. No.
Date Filed
Schaper/Nellist
1735
5308423
8/6/87
Zumbusch
2036
5309215
8/7/87
Pillsbury
1835
5308421
8/6/87
Martineau
2058
5308425
8/6/87
Beito
2025
5308424
8/6/87
Maxwell
2041
5308426
8/6/87
Schall
2047
5309214
8/7/87
Wash. Scientific, Inc.
2042
5308422
8/6/87
Hassel
2230
5311498
8/13/87
Reid
2170
5311797
8/13/87
If you have any
questions, please
feel free
to call either
me or my secretary,
Joyce Pedersen at.
334-2736.
Very truly yours,
Nancy E. Husnik
NEH/jlp/3228 Legal Asaistant
Enclusures