Loading...
HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 (#2555 Hennepin County, Continued) Moorse stated City Staff will revise the resolution as recommended . Jabbour moved, Peterson seconded, to approve Application #2555, Hennepin County, 3380 Shoreline Drive, and adopt RESOLUTION NO. 4485, a Resolution Granting Variances to Permit Construction of an Indoor Storage Facility for Sand and Salt Operations, with the resolution being amended to include the language recommended by the City Attorney, and with the deletion of paragraphs 4, 5, and 12, based upon the finding that the proposed use does not constitute an expansion of the non-conforming use. VOTE: Ayes 5, Nays 0. *(#5) #2557 DANIEL AND JUDITH McATHIE, 1449 BAY RIDGE ROAD -VARIANCE - RESOLUTION NO. 4486 ~ .... ' ' ~ <I' .... , Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4486, a Resolution Approving an Amendment to Variances to Permit Construction of a Second Story Addition and Garage Addition to the Existing Residence Located at 1449 Bay Ridge Road. VOTE: Ayes 5, Nays 0. *(#6) #2564 WILLIAM DAMPIER, 3550 IVY PLACE -VARIANCES -RESOLUTION NO. 4487 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4487, a Resolution Granting Variances to Side Yard Setback and Hardcover to Permit the Construction of a Room Addition Plus Expansion of the Existing Second Story Located at 3550 Ivy Place. VOTE: Ayes 5, Nays 0. *(#7) #2584 ANDREW AND TRACY RASCHER, 4705 NORTH SHORE DRIVE -CONDITIONAL USE PERMIT AND VARIANCES -RESOLUTION NO. 4488 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4488, a Resolution Granting Variances and a Conditional Use Permit to Allow the Construction of Retaining Walls for the Residence Located at 4705 North Shore Drive . VOTE: Ayes 5 , Nays 0. *(#8) #2590 DENNIS AND BECKY STANTON, 3325 CRYSTAL BAY ROAD -VARIANCES - RESOLUTION NO. 4489 Flint moved, Kelley seconded, to approve and adopt RESOLUTION NO . 4489, a Resolution Granting Variances to Permit Removal of an Existing Deck on the Rear of the Residence and Construction of a New Deck at the Property Located at 3325 Crystal Bay Road. VOTE: Ayes 5, Nays 0 . MAYOR/COUNCIL REPORT Mayor Jabbour stated an article will be appearing in the Sun Sailor regarding the Dakota Line , which contains some inaccurate i nformat ion . Jabbour stated in order to respond to the article , he will be Page 7 j ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 26, 2000 (Mayor/Council Report, Continued) interviewed by the Sun Sailor on Wednesday . Mayor Jabbour recommended that during the process of selecting a new police chief, the City invite the Hennepin County Sheriff to sit in on the process in order to gain his input. Moorse indicated there will probably be six or seven finalists, with that number being reduced down to three that will be appearing before the City Council. Sansevere commented he would like to be debriefed on who the semi-finalists are as well as the final applicants. Mayor Jabbour requested that the City Council members be provided with a copy of all the applications submitted for the police chief position. Mayor Jabbour stated he has met with Channel 11 regarding the remnants of the Great Woods and issues relating to Spring Hill , which will air sometime in July. Jabbour noted that the C ity of Orono has approximately 1,000 acres in park land currently. Mayor Jabbour stated the Consolidation Committee will continue to meet throughout the summer and is planning to address as many civic and church groups as possible regarding the merger. Jabbour expressed a concern regarding relocation of the Long Lake Fire Station , noting that Orono's City Code does not allow another city to construct a public facility in the city . Kelley commented he attended Buckhorn Days where he received a large number of inquiries regarding the consolidation . Sansevere stated in his opinion a large number of citizens in Orono are not opposed to the merger, but that there appears to be some opposition in Long Lake. Mayor Jabbour indicated the Consol idation Committee will also be sending a letter and a packet of information relating to the merger to the various civic and church groups as well as arranging neighborhood meetings to discuss the issues with as many residents as possible . Jabbour stated he would like the City Council members to be available for questions, noting that there is some misinformation that needs to be addressed . Sansevere commented boaters who use the area near Big Island are still unhappy w ith the placement of buoys in that area. Mayor Jabbour noted the buoys were placed in that area due to safety concerns. Kelley commented a final decision on the location of the new fire station will be a difficult one. Kelley stated the two main issues involved with the new fire station relate to the location and the cost. Flint expressed a concern relat i ng to the recycling program and the continuing problem of finding recycled material along the streets following pickup . Flint indicated he has spoken with Amelia Krueger and the owner of the recycling company in an attempt to resolve this issue. Flint stated the problem is not entirely the fault of the recycling company but also comes about from the residents not taking ample steps to insure that their recycled goods do not blow away. Gappa stated in his view part of the problem is a result of inadequate equipment and that the City could perhaps request better equipment with the new contract. Gappa stated the tarps are Page 8 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Zoning Administrator Item Description: #2557 Daniel and Judith McAthie 1449 Bay Ridge Road Variance Review DATE: June 20, 2000 ITEMNO.: _j Agenda Section: Zoning Zoning: LR-IA, One Family Rural Residential, 2 Acre Minimum lot size Council Action of June 12, 2000 The Council voted 4 to Oto permit the property owners of 1449 Bay Ridge Road to proceed with the reconstruction of their residence and directed Staff to draft a resolution for adoption at the June 26, 2000 meeting. Review The City Council adopted, on consent, Resolution No. 4416 for Daniel and Judith McAthie to grant variances to permit construction of an addition to the garage and the addition of a second story to an existing one level home at 1449 Bay Ridge Road. The contractor, Michael Hayes Homes, had applied for and received a building permit to begin construction on May 15th. After beginning the project the contractor determined a small portion of the foundation on the back of the house would need to be replaced because it was cracked . Also, some of the joists were rotten requiring the entire house to be removed, except the foundation. During a recent inspection Staff had noticed the house was removed. Subsequently, Staff has placed the Building Permit on hold. The contractor has stated some alteration of the foundation will be required to stablize and bring the foundation to existing code, and some of the foundation to the back of the house will have to be replaced. The contractor has stated most of the existing foundation can be used for the house. COUNCIL ACTION REQUESTED To adopt or amend the attached resolution. ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 ZONING ADMINISTRATOR'S REPORT *3. #2486 Elaine Erickson, 1270 Spruce Place-Conditional Use Permit and Variances-Resolution No. 4473 Peterson moved, and Sansevere seconded, to approve Resolution No. 4473 granting a ,. Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 21 to allow grading within 5 feet of a lot line, and a Variance to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit construction of a new residence. Vote: Ayes 4, Nays 0. 4. #2557 Daniel and Judith McAthie, 1449 Bay Ridge Road-Variance Review Weinberger reported that the applicants were granted variances in January for the addition of a second story to their existing house. The approval was for an addition to the existing house. Staff found on a recent visit that the house had been removed from its foundation and placed the Building Permit on hold. The building contractor found that part of the foundation would have to be replaced and that many of the joists were rotted and should be replaced to ensure compliance with the State Building Code. The applicants intend to use most of the existing foundation and would construct the new house based on the plans approved by the Council per Resolution No. 4416. Weinberger requested direction from the Council to either: 1) permit construction to continue based on the intent of the variance approvals understanding that no exterior alterations are proposed for this plan, which would limit the size of the house and staff were comfortable with the plan; 2) advise the applicant to submit a new Land Use Application which would require variances to be granted for new construction, and either granting a variance for lakeshore setback again, or requiring the building be moved to meet the average lakeshore setback, which could change the exterior of the house. Mr. McAthie stated his intent is to only do what they originally proposed. His contractor stated that they did not expect to have to remove the house , but as they worked they discovered more and more rotted floor joists. He stated that he has to warranty his products for ten years and can't build on a bad foundation . Mayor Jabbour stated that there are large differences between this application and the house on County Road 15, which had a similar sequence of events, but also included structure within the 0-75 foot zone. Barrett asked that staff draft a resolution listing the reasons why it is appropriate to allow the applicant to proceed with plan 1. Flint moved, and Sansevere seconded, to allow the applicant to continue based on plans approved by the Council per Resolution 4416 and direct staff to prepare a resolution to present to the Council at their next meeting for adoption listing the 2 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 ROLL The Council met on the above-mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members Barbara Peterson, Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator :M!chael Gaffron, Zoning Administrator Paul Weinberger, Assistant Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheirner. Council Member Charles Kelley was absent. Mayor Jabbour called the meeting to order at 7:05 p .m. CONSENT AGENDA 1. Approve/ Amend Items 3, 6, 10, 11, 12, 13, 14, and 16 were added to the Consent Agenda. Peterson moved, and Sansevere seconded, to approve the consent agenda as amended. Vote: Ayes 4, Nays 0. PARK COMMISSION COMMENTS-PAULINE BOUCHARD, REPRESENTATIVE Bouchard stated that the June meeting had been canceled, so there was no new business to discuss. She mentioned that there would be a proposal regarding development near Saga Hill coming to the Commission next week that they will be carefully considering. PLANNING COMMISSION COMMENTS-SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS None. 1 ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 4. #2557 Daniel and Judith McAthie, 1449 Bay Ridge Road-Variance Review-Continued appropriate reasons for said action. Vote: Ayes 4, Nays 0. 5. #2567 Walfred Properties, 2380 Shadywood Road-Commercial Site Plan Review-Resolutions No. 4474 and 4475 Mayor Jabbour requested to dispense with the formal presentation, as the Council was familiar with the application. Flint stated that he did not want this item added to the Consent Agenda because he was concerned with the packet referring to plans that have not yet been received, the trash being located next to the sidewalk, and he wondered if the 9 parking spaces near the pond could be left out. Weinberger stated that staff had concerns with the trash receptacle location. Also, they received grading plans for the property, which indicated grading right up to 3 mature trees. Staff suggested they use a retaining wall instead of grading in order to avoid disturbing the root systems of the trees. He also stated they do not have the legal descriptions required to adopt a rezoning ordinance at the meeting, which would require the property owners to grant an extension. Mr. Wally Klus stated they have done the legal descriptions and could get them in to staff right away. He stated he is eager to correct any issues and start work. Weinberger stated the property now known as Navarre Lane should be rezoned to B-5 to be consistent with the zoning of the remainder of the property. Mayor Jabbour asked if it could stay a residential zone since it is only being used for the retention pond. Barrett stated that would be acceptable, and the Council could take action on the resolutions regarding the application. Mr. Klus's architect stated they could move the trash receptacle and hide it in a nook in the retaining wall . Mr. Klus stated they intend to put in the 9 parking spaces that Flint had questioned as necessary. Flint moved, and Peterson seconded, to approve Resolution No. 4474 granting variances to Orono Municipal Zoning Code Sections 10.56 Subdivision 16(L), Conditional Use Permits per Section 10.03, Subdivisions 19-21, and approving the issuance of a Building Permit to Walfred Properties for the property located at 2380 Shadywood Road per Municipal Zoning Code Section 10.44, Subdivision 2 to permit commercial development of the property with the condition that the applicant work with Staff to relocate the trash receptacle away from the pedestrian access trail and save the mature trees identified in the northeast corner of the property. Vote: Ayes 4, Nays 0. 3 .. ORONO CITY COUNCIL MEETING MONDAY, JUNE 12, 2000 5. #2567 Walfred Properties, 2380 Shadywood Road-Commercial Site Plan Review-Resolutions No. 4474 and 4475-Continued Flint moved, and Peterson seconded, to approve Resolution No. 4475 vacating an unimproved lane within the plats of "Wiley's Navarre Addition" and "Lafayette Ridge." Vote: Ayes 4, Nays 0. • *6. #2569 W. Duncan MacMillan and William Waldron, 1880 and 1700 Fox Street-After-the-Fact Conditional Use Permit-Resolution No. 4476 Peterson moved, and Sansevere seconded, to approve Resolution No. 4476 granting an After-the-Fact Conditional Use Permit per Municipal Zoning Code Section 10 .03, Subdivision 19-21 to permit excavation of greater than 500 cubic yards for construction of a pond. Vote: Ayes 4, Nays 0. 7. #2581 John and Kristin Gehring, 1687 Concordia Street-Variances-Resolution No. 4477 Wendy Bottenberg stated that the Planning Commission passed the plan unanimously, but staff asked the item not be placed on the Consent Agenda so that the Council could review the memo from Mike Gaffron, which points out the staffs concerns . Mr. Gehring stated that he has worked hard to minimize and reduce hardcover on the property. The new application meets side yard setbacks and they are within the 15% structural hardcover, and have brought the hardcover in the 75-200 foot zone to 26.7%. He wants to build his new house 42 feet from the lakeshore because that is the average lakeshore setback. It would keep him in alignment with the other 5 neighboring properties. He also stated that they sit at the bottom of a hill and have drainage issues . His neighbors have supported his application. If he moves his house back, he will have sight line issues because of his neighbors' houses and it would also create privacy issues with the neighbors. Gaffron stated that when the Palms rebuilt, they were originally given a variance for an addition at the 39 foot line, but when they found their foundation was unstable, they were forced to move back to the 50 foot line. Staff is proposing that the Gehring house be set back at the 50 foot line . They agree that the 75 foot line creates drainage issues for the applicant. But if the house were to be located closer to the shore than 50 feet, it would result in large houses sitting too close to the lakeshore, which would be inconsistent with the City's goals. Sansevere asked Mr. Gehring what his issue was with moving the house from the 42 foot line to the 50 foot line. He responded that moving the house back creates lake view 4 CITY of ORONO Daniel and Judith McAthie 1449 Bay Ridge Road Wayzata, MN 55391 June 5, 2000 Dear Mr. and Mrs. McAthie: Street Address: 2750 Kelley Parkway Orono , MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 This letter is in response to our recent phone conversation regarding construction of a new residence at 1449 Bay Ridge Road. The building permit for your property has been put on hold to review the variance approvals granted on January 24 , 2000 per Resolution No. 4416. Based on a site inspection by Staff it has been determined the entire structure and a portion of the existing foundation has been removed. The variance approval assumed only the roof would be removed from the existing structure and a second story would be added . Also a small portion of foundation would be added to accommodate for the alteration to the garage. The City has typically considered projects that require removal of structures and/or alteration to an existing foundation as new construction. Based on this premise, a new house would be required to meet the provisions of the Zoning Ordinance or to apply for additional variances for lot area and lot \vidth, as the lot does not meet the minimum requirements for the LR-1 A zoning district. Variances would also by required to permit new construction to occur within the average distance of the adjacent residences from the lakeshore and within 30' of the side property lines. As discussed, we will place this item on the City Council agenda for June 12, 2000. The meeting will be held at the City Council Chambers located at 2750 Kelley Parkway beginning at 7:00 p.m. Do not hesitate to contact me at (952) 249-4600 should you have any questions. Sincerely , . 2_,J ~4,,-<-J Paul Weinberger u Zoning Administrator/Planner cc : Lyle Oman, Building Official Marc Davis, Building Inspector Wendy Bottenberg, Assistant Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 612-249-4600 TO: Judith K. and Daniel J. McAthie 1449 Bay Ridge Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 1/24/2000 COUNCIL ACTION -MOTION: ZONING FILE # 2557 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 1/28 /2000 COPIES: VOTE: 5 Kathy Alexander Alexander Design Group , Inc. 401 East Lake Street Wayzata, MN 55391 FOR O AGAINST To approve per the findings and conditions of the resolution previously mailed to you . Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to the commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City . Variance approval expires one year after date of approval. Permit application must be submitted no later than 1-24- 2001. If you desire certified copies of the official Council Minutes , they are available from the City Clerk after review and approval by the City Council. (Public Comment, Continued) ORONO CITY COUNCIL MEETING MINUTES FOR JANUARY 24, 2000 Council with their recommendation and findings . Kellogg stated they will need at least two weeks to review this situation. ZONING ADMINISTRATOR'S REPORT "'(3) #2450 GLEN AND SANDRA GRONBERG, 325 WILLOW DRIVE NORTH - EXTENSION OF PRELIMINARY PLAT -RESOLUTION NO. 4414 Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4414, a Resolution Granting an Extension of Preliminary Plat Approval for a Plat Proposed at 325 Willow Drive North. VOTE: Ayes 5, Nays 0. (4) #2539 JOHN AND BECKI SUNDET, 684 TONKAWA ROAD-VARIANCES- RESOLUTION NO. 4415 Tom Barrett, City Attorney, recommended the following language be incorporated into the resolution between Paragraphs 6 and 7: "The Applicant has not demonstrated a hardship sufficient to allow the requirements for the variance to be waived". Mayor Jabbour suggested that language be included in every resolution for denial. Peterson moved, Kelley seconded, to approve and adopt RESOLUTION NO. 4415, a Resolution Denying Variances to Permit an Addition to the Existing Residence - Located at 684 Tonkawa Road. VOTE: Ayes 5, Nays 0. "'(5) #2557 DANIEL AND JUDITH MCATHIE, 1449 BAY RIDGE ROAD-VARIANCES - RESOLUTION NO. 4416 Kelley moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4416, a Resolution Granting Variances to Permit the Addition of a Garage and Living Space to the Existing Residence. VOTE: Ayes 5, Nays 0. l\'lA YOR/COUNCIL REPORT Mayor Jabbour stated as it relates to the new Highway 12 corridor, the Attorney General has decided that Long Lake's approval, because it was conditional, is not an approval but rather a denial. Jabbour stated he has been working with the Mayor of Long Lake to get it approved . Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2556 Barbara and Collins Cavender, Continued) Boyer stated due to the narrowness of Rest Point Road and the lack of parking available on the street, the house and garage need to be located further back to accommodate a car in the driveway. Stoddard commented he would be willing to approve a variance to the front yard setback , but that the Applicants need to comply with the 15 percent structural coverage limit. Stoddard suggested this application be tabled to allow the Applicant time to revise his plans. Stoddard stated the Applicant probably will not be allowed to construct a patio or walkway to the lake. Mrs. Cavender stated the patio is located off to the side . Nygard noted the patio is still located within the 0-75' setback. Smith recommended the Applicants attempt to adhere to the 15 percent structural coverage limit and relocate the house closer to the road . Kluth indicated the number one issue is the structural coverage , with the 15 percent needing to be complied with. Kluth stated he would like to see the hardcover under the 25 percent limit as well due to environmental concerns. Kluth noted the 0-75' setback is the most critical as it relates to hardcover due to the impact to the lake. Hawn stated it appears the Planning Commission would like the Applicants to adhere to the 15 percent structural coverage limit. Hawn inquired whether the Applicants would be willing to extend the 60 day review period should the Plann i ng Commission table this application . Weinberger indicated City Staff will continue to work with the Applicants. Stoddard commented the front yard setback should be compatible with the other houses in the neighborhood, and suggested the Appl i cants cons ider locating the house 35 feet from the lake. Smith commented she would like to see the house 35 to 40 feet from the lake . Stoddard i nquired whether the Applicants wou ld like the Planning Commission to table their application. Mr. Cavender requested their application be tabled. Stoddard moved, Kluth seconded , to table Application #2556, Barbara and Collins Cavender, 1405/1395 Rest Point Road, Variances, to allow the Applicants time to revise their plans, and to extend the 60 day review period. VOTE: Ayes 5, Nays O. (#12) #2557 JUDITH AND DANIEL MCATHIE, 1449 BAY RIDGE ROAD -VARIANCES, 11 :50 p.m. -11 :56 p .m. Judith and Daniel McAthie, Applicants, were present. Bottenberg stated the Applicants are requesting variances to permit the addition of a garage Page 29 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2557 Judith and Daniel Mcathie, Continued) and living space to the existing residence. They are proposing to raise the roof of the existing structure for additional living space on the second story. The Applicants are also proposing to enlarge the garage by approximately 350 square feet and reducing the size of the turn-around in the driveway. Bottenberg noted the amount of hardcover in the 75-250' setback will be reduced by 495 .5 square feet, or 2 .43 percent, for a total hardcover in the amount of 5,745.5 square feet or 28.27 percent. Bottenberg stated the amount of structural coverage is below the allowable limit. Botten berg stated the residence was constructed at its present location in 1967, and now requires variances for side yard setback and average lakeshore setback. The Applicants are requesting a variance for the second story addition to encroach 20 feet into the average lakeshore setback and a variance to permit a 10.62' setback to the north property line and a 9.93' setback to the south property line where 30' setback is required. City Staff is recommending approval of variances for side yard setback, average lakeshore setback and hardcover in the 75-250' setback area . Hawn inquired whether a variance to height is required on this application. Bottenberg stated the height of the proposed structure is not an issue . Mr. McAthie stated they are looking to update their residence . McAthie stated their neighbors are in support of this project. Bottenberg commented City Staff has received a phone from Michael Johnson, 1461 Bay Ridge Road and Kent Whitworth, 1425 Bay Ridge Road , indicating the ir support of this project. There were no public comments. Kluth inquired where the hardcover was being reduced . Mr. McAthie stated they removing some decking and a sidewalk located in the front. Kluth moved, Hawn seconded, to recommend approval of Application #2557, Judith and Daniel McAthie, 1449 Bay Ridge Road, granting of variances to side yard setback, average lakeshore setback, and hardcover in the 75-250' setback area to pennit the addition of a garage and living space to the existing residence. VOTE: Ayes 5, Nays 0. (#13) #2558 ANTHONY PATTERSON, 1780 SHADYWOOD ROAD -VARIANCES, 11 :57 p.m. -12:23 p.m. Anthony Patterson , Applicant . was present. along with David Bergman. Property Manager. Bottenberg stated the Applicants are proposing to construct add itional living space to the existing residence, replacing an existing deck, and replacing an existing side entrance with a slightly larger entrance . Presently the house is a one and a half story residence that will Page 30 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19 , 2000 (#2557 Judith and Daniel Mcathie, Continued) and living space to the existing residence . They are proposing to raise the roof of the existing structure for additional living space on the second story . The Applicants are also proposing to enlarge the garage by approximately 350 square feet and reducing the size of the turn-around in the driveway. Bottenberg noted the amount of hardcover in the 75-250' setback will be reduced by 495 .5 square feet, or 2 .43 percent, for a total hardcover in the amount of 5,745 .5 square feet or 28.27 percent. Bottenberg stated the amount of structural coverage is below the allowable limit. Bottenberg stated the residence was constructed at its present location in 1967, and now requires variances for side yard setback and average lakeshore setback. The Applicants are requesting a variance for the second story addition to encroach 20 feet into the average lakeshore setback and a variance to permit a 10 .62' setback to the north property line and a 9.93' setback to the south property line where 30' setback is required . City Staff is recommending approval of variances for side yard setback, average lakeshore setback and hardcover in the 75-250' setback area . Hawn inquired whether a variance to height is required on this application . Bottenberg stated the height of the proposed structure is not an issue . Mr. McAthie stated they are looking to update their residence . McAthie stated their neighbors are in support of this project. Bottenberg commented City Staff has received a phone from Michael Johnson, 1461 Bay Ridge Road and Kent Whitworth, 1425 Bay Ridge Road , indicating their support of this project . There were no public comments . Kluth inquired where the hardcover was being reduced . Mr. McAthie stated they removing some decking and a sidewalk located in the front. Kluth moved, Hawn seconded, to recommend approval of Application #2557, Judith and Daniel McAthie, 1449 Bay Ridge Road, granting of variances to side yard setback, average lakeshore setback, and hardcover in the 75-250' setback area to permit the addition of a garage and living space to the existing residence. VOTE: Ayes 5, Nays 0. (#13) #2558 ANTHONY PATTERSON, 1780 SHADYWOOD ROAD -VARIANCES, 11:57 p.m. -12:23 p.m. Anthony Patterson, Applicant, was present , along with David Bergman , Property Manager. Bottenberg stated the Appl icants are proposing to construct additional living space to the existing residence, replacing an existing deck, and replacing an existing side entrance with a slightly larger entrance . Presently the house is a one and a half story residence that will Page 30 ORONO PLANNING COMMISSION MEETING MINUTES FOR JANUARY 19, 2000 (#2556 Barbara and Collins Cavender, Continued) Boyer stated due to the narrowness of Rest Point Road and the lack of parking available on the street, the house and garage need to be located furthe r back to accommodate a car in the driveway. Stoddard commented he would be willing to approve a variance to the front yard setback, but that the Applicants need to comply with the 15 percent structural coverage limit. Stoddard suggested this application be tabled to allow the Applicant t ime to revise his plans . Stoddard stated the Applicant probably will not be allowed to construct a patio or walkway to the lake. Mrs. Cavender stated the patio is located off to the side . Nygard noted the patio is still located within the 0-75' setback. Smith recommended the Applicants attempt to adhere to the 15 percent structural coverage limit and relocate the house closer to the road. Kluth indicated the number one issue is the structural coverage, with the 15 percent needing to be complied with. Kluth stated he would like to see the hardcover under the 25 percent limit as well due to environmental concerns . Kluth noted the 0-75' setback is the most critical as it relates to hardcover due to the impact to the lake. Hawn stated it appears the Planning Commission wou ld like the Applicants to adhere to the 15 percent structural coverage limit. Hawn inquired whether the Applicants would be willing to extend the 60 day review period should the Planning Commission table this applicat ion. Weinberger indicated City Staff will continue to work with the Applicants . Stoddard commented the front yard setback should be compatible with the other houses in the neighborhood, and suggested the Applicants consider locat ing the house 35 feet from the lake. Smith commented she wou ld like to see the house 35 to 40 feet from the lake. Stoddard inquired whether the Applicants would like the Planning Commission to table their application . Mr. Cavender requested their application be tabled. Stoddard moved, Kluth seconded, to table Application #2556, Barbara and Collins Cavender, 1405/1395 Rest Point Road, Variances, to allow the Applicants time to revise their plans, and to extend the 60 day review period. VOTE: Ayes 5, Nays 0. (#12) #2557 JUDITH AND DANIEL MCATHIE, 1449 BAY RIDGE ROAD -VARIANCES, 11 :50 p.m. -11 :56 p.m . Judith and Daniel McAthie , Applicants , were present. Bottenberg stated the Applicants are requesting variances to perm it the add ition of a garage Page 29 ST A TE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I , Mary Ann Johnson, of the City of Orono , Hennepin County , Minnesota, do hereby certify that a Notice of Public Hearing concerning the ma e r of #2557, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of January, 2000. CITY OF ORONO 2750 Kelley Parkway, P.O . Box 66 Crystal Bay, MN 55323 • Phone (612) 249·4600 Fax (612) 249-4616 The Planning Commission w ill hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, January 19, 2000 , beginn ing at 6 :30 p.m. on the matter of reviewing the following land use applications: 1. #2540 Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use perm it and variances to permit after-the-fact land alteration and construction of a re taining wall within the lakeshore setback and to perm it hardcover within the 0-75 ' lakeshore . ·.2 .. #2543 ,Ted. and Judith Ed in, 3025 · Casco· Point ~ Road , request hardcover, lakeshore setback , average lakeshore setback and lot coverage variances to permit replacement and enlargement of an ex isting second story . 3 . #2547 Kimberli and William Abbott, 4 70 Big Island, request after-the -fact variances to permit structure to be located within 75' of the lakeshore and encroachment into the average lakeshore setback . The request includes alter-the -fact var iances for hardcover in the 0-75' lakeshore setback . 4. #2551 Thomas Michael Randgaard, 2765 Shadywood Road, requests a conditional use permit to permit a 16" extension of a permanent dock within Carman's Bay of Lake Minnetonka . 5. #2552 Steven and Sheila Sige l , 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78 ' into the average lakeshore setback to allow an 80 ' setback, where 158' is required from the lakeshore and to permit 4,188 sq . ft. (30 .08%) of hardcover In the 75-250' lakeshore setback where 3,481 .25 sq . ft. (29 .9%) is allowed . 6. #2553 Good Shepherd Lutheran Church , 3745 Shoreline Drive , requests variances to permit a 10'x4' sign to replace an existing entrance sign in a res idential zoning district. 7. #2554 Ann and Gil Anderson 845 WIiiow Drive South, request a front yard setback variance to permit a 10'x18' residential addition 36 .5' from the front propeny line where 50' is required . 8. #2556 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' • -'•'-:_ .. L. -.. 1 D <C 0" 7nni nn 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 publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 8th day of January 2o_QQ_, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of 4t,J Jt:c.20 ...----: ; I Authorized Agent Subscribed and sworn to me on this 8 . #2556 9. #2557 10. #2558 Barbara and Collins Cavender, having an interest in 1405/1395 Rest Point Road, request lot area and lot width variances to permit new residential construction on property less than the one acre minimum lot size and less than the 140' minimum lot width in the "LR-1 B" Zoning District; a front yard setback variance to permit a 21.37' setback, where 35' is required; a lot coverage variance to permit greater than 15% structural coverage ; variances to permit 2,624 sq. ft. (27.6%) feet of hardcover in the 0-75' lakeshore setback, where no hardcover is allowed; and variances to permit structure within 75' of the OHWL of Lake Minnetonka, where no structure is allowed. Judith and Daniel McAthie, 1449 Bay Ridge Road, request an average lakeshore setback variance to permit a 20' encroachment into the lakeshore setback; side yard variances to permit a 10.62' setback to the north property line and a 9.93' setback to the south property line for a second story addition where a 30' setback is required; and hardcover variances to permit 5,745.5 sq. ft. (28 .27%) of hardcover in the 75-250' lakeshore setback, where 25% is allowed. Anthony Patterson, 1780 Shadywood Road, requests variances to permit the addition of a second story on the existing residence and to replace a lakeside . deck within the shoreland setback. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices. For an appointment, please call 249-4600. Paul Weinberger, Zoni g Administrator/Planner To be published the week of January 8, 2000 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office CITY OF ORONO 2750 Kelley Parlnvay, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Wednesday, January 19, 2000, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. 2. .., ., . 4. 5. 6. 7. #2540 #2543 #2547 #2551 #2552 #2553 #2554 Bradley Hoyt, 2523 Kelly Avenue, requests a conditional use permit and variances to permit after-the-fact land alteration and construction of a retaining wall within the lakeshore setback and to permit hardcover within the 0-75' lakeshore. Ted and Judith Edin, 3025 Casco Point Road, request hardcover, lakeshore setback, average lakeshore setback and lot coverage variances to permit replacement and enlargement of an existing second story . Kimberli and William Abbott, 470 Big Island, request after-the-fact variances to permit structure to be located within 75' of the lakeshore and encroachment into the average lakeshore setback. The request includes after- the-fact variances for hardcover in the 0-75' lakeshore setback. Thomas Michael Randgaard, 2765 Shadywood Road , requests a conditional use permit to permit a 16' extension of a permanent dock within Carrnan's Bay of Lake Minnetonka. Steven and Sheila Sigel , 1399 Park Drive, request variances to permit replacing a second story deck with a three season porch encroaching 78' into the average lakeshore setback to allow an 80' setback, where 158' is required from the lakeshore and to permit 4,188 sq. ft. (30.08%) of hardcover in the 75-250' lakeshore setback where 3 ,481.25 sq. ft. (29.9%) is allowed. Good Shepherd Lutheran Church, 3745 Shoreline Drive, requests variances to permit a 1 O'x4' sign to replace an existing entrance sign in a residential zoning district. Ann and Gil Anderson, 845 \Villow Drive South, request a front yard setback variance to permit a 1 O'xl 8' residential addition 36.5' from the front property line where 50' is required . 1) 57) R: CD 0 CD ~o CD ·" 0 87. 5 5 ;,; (98)0 375 l~O. '" f!l\ V (35) ·,~~~1 50 1~ ·~;l';: Ii?/ CRYS TAL AVE 122 90 g_ ;c 18~-) : ( 16)~ v ; ,'t. 17) ( 100) . (97) 72 50 90 PROSPECT 60 I 175 u, u, N ( 51) N oc ;r; 175 ] CD ( 52) CD 0 0 175 I I OJ :::::0 O> 3' 0 l : (54)2 ~ I --: lil5 I f--j )> g ( 53) 4 : ( 55) g 1~5 :::::0 87 . 5 87. 5 (J) -j § 6 ;,; 5 - 0 ( 56) gi L.. __ -,,. 60 87. 5 87. 5 93 60 to <O AVE 212 )> l----"l 5""5'----1 :::::0 OJ 0 :::::0 I--~,',----/ U) -j G ~ (7) H (8) 2 ( 15) c() l,U ~ ~ f ~ \ I ) L 1 " 1, \ . I ' !.. (, ·, I / _j__ I RUN DATE 12/15/99 BATCH 513 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 10-117-23 11 0002 00038 ADDRESS UNASSIGNED MCLEOD CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON HN 55350 .38 10-117-23 34 0004 01461 BAY RIDGE RD M J JOHNSON & SF JOHNSON MICHAEL J & SUSAN F JOHNSON 1461 BAY RIDGE RD WAYZATA MN 55391 TAXPAYER TOTAL BATCH Sl3 00006 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 33 0002 02265 NORTH SHORE DR KINGSLEY H MURPHY JR KINGSLEY H MURPHY JR 2265 NORTH SHORE DR WAYZATA MN 55391 38 10-117-23 34 0005 01473 BAY RIDGE RD TR & M H MCCUNE THOMAS R MCCUNE 1473 BAY RIDGE RD WAYZATA MN 55391 38 10 117 23 34 0011 ADDRESS PENDING ROY E AHERN COUNTY OF HENNEPIN PUBLIC SERVICE R/W 320 WASHINGTON AVES __j:S HOPKINS MN 55343 REPORT NO. PI435401 38 10-117-23 34 0003 01449 BAY RIDGE RD GD & DB WESTBY PAGE 2 GERALD D & DIANE B WESTBY 1449 BAY RIDGE RD ORONO HN 55391 38 10-117-23 34 0017 01425 BAY RIDGE RD SUSAN S TENNEY SUSAN S TEENEY/AC2100002 C/0 NORWEST-W STUKEL-PCS 6TH & MARQUETTE MAC N9305105 MPLS MN 55479 38 10 117 23 34 0013 ADDRESS UNASSIGNED ROYE AHERN ROYE AHERN 1120 FRONT ST HUDSON WI 54016 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. ~ DATE /_o?-/tr-99 BY d Sa~ (/ /•,; '~.¥ ,~:~~ :;. '. ,.· "'-~, ,, \ ·' ......, '"'\ -. "'-·.5 " L CITY of ORONO Street Address: 2750 Kelley Parkway Orono , MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION December 29, 1999 Danial and Judith Kaye McAthie 1449 Bay Ridge Road Wayzata, l\1N 55391 Re: Application #2557 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within ten (10) business days as to the status of your ar ~lication for variances. The following information is required before we can proceed with your request. 1. A survey indicating the proposed driveway alignment and garage addition. 2. Fees in the amount of $300 for the variance application. This information needs to be submitted by January 4, 2000 to remain on the January 19, 2000 Planning Commission agenda. Please call me at 249-4600 should you have any questions on the information requested. nly, . . }-'LJ<__tl,lt~ Paul Weinberger Zoning Administrator/Planner Telephone (612) 249-4600 • Fax (612) 249-4616 ~OJ\)- 0 O · !I . ,~ I' ,\·. V'j \\~ ,\', !,~';-;..) I '$,. ( !,. '.I f.., I ' "<t> ,.,: ,~~ . r-:. J.j ~ I < , ,.J ·1' v ~l<EJsB.0~~ CITY of ORONO PO . BOXl\6 CRYSTAL BAY. MI NNESOTA'.\'.\ 1].1 Danial and Judith Kaye McAthie 1449 Bay Ridge Road Wayzata, MN 55391 1> I -~ .... :.L r..T;:i I , : : j I , ' 1. t~ ~ 0 7J :( 1: ~ . J ,. -. .. \ l1 EC 29 !JO ' ... _______ 1 ,1, ti )j •• NM E T (r.4 • ~I OZ!4/ CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DA TA PRIVACY ADVISORY Mailing Address: P.O . Box 66 Crystal Bay, MN 55323-0066 · In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ~ud, f-A Middk First Last Address / ) ~ -L™___, :S 5 3 ~ I b/2-'J7e./--"o ~'4q,.,,,~ec...,,,~_.__..._:..,G,"'-"""--"YT4~----#-,L_LL-L-.L...Cr'---'--'---------~ City I State Zip Phone ? I understand my rights as stated above. Sig;.;ery ·--~ 1 -·- ,,' .: .:J ;;J Telephone (612) 249-4600 • Fax (612) 249-4616 9 SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5 , to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored . data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires , shall be infom1ed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately , if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time , he shall so inform the · individual , and may have an additional five days within which to comply with the request, excluding Saturdays , Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an .individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclo s ed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 Adjacent Property Owners' Acknowledgement Form I (we) /(ENT P Sv..sA JJ f1IH /TW6,e,:rH of [print name(s)] /.e'/dS ~ ~°"f e: ,f>o; [print address have reviewed the plans for the proposed improvement or proposed use of the property located at M<:/9 )/&y ,/f?d?" ;'f?c)l.lso referred to as Land Use Application No. 2 -'7>~-7 I (we) understand that in executing this ack.no,vledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date ~ I ****************************************************************************** I (we) _______________ of ____________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Ovmer Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Adjacent Property Owners' Acknowledgement Form I (we) /J1u:-ba e-/ ±,·SusC<a ~A;15{r1 /~6 / 8. £o19 ~ Rol [print name(s)] [print address]7 have reviewed the plans for the proposed improvement or proposed use of the property located at /-91-9'? lky Rt#l" l<r:i also referred to as Land Use Application No. 2££7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) mvare of the improvement plans and that the proposed neighbor's project or use requires Council approval. .. ****************************************************************************** I (we) --------------of------------- [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the I?r<J)erty located at also referred to as Land Use Application No. .t?/5'57 . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) a\vare of the improvement plans and that the proposed neighbor's 2_roject or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. , ...... ··---·' I • ..:," I -/ --~-~-- T" \ -~:, ·~ "·:.. ... :.:.- / ---" N s9·54•29" W --431.55-- <v) I I / ROCK ---..:.... . / I I / I I --404.82-- N 89"54'29" w N (!) iri ,_/:_·,->i'~:f~~ ·.-.:· :·:" ,, ___ ,,,z-:~~~~!f.::~~~,, I I I 250 FEET SETBACK /-<,----FROM f12ap~~p l ::. OVER PLASTIC ~!?fiJo; I STORY BRICK #1449 1-Z. ~ }!f EXl~r DECK Ol co r-..: It,, 8X8 Tit.Jc::::::- RO < Pro posed .AKESHORE OFFSET 500' ---- 1 "'I • l;! I ,. \ < I o: I ' ~ I l --"' I . I I I; I TIFIED BY PROFESSIONAL ENG I NEER ··1·:.-,;.·,,,. ,,., __ :--;_~~;:D~::i:-:;;<-<'-~-"'__,__. ~ ~'~. "''" ---- . i ' ,, ii ,1 ,, \ I ------LA KESHORE OFFSET 1000' / < HCSAH -15,-Pt., .. ~-6·8-~ ,--. ---------- ---~LAKESHORE OFFSET 250' HENNEPIN COUNTY PROJECT 9990072 ORONO MAINTENANCE FACILITY GENERAL LAYOUT G )f'_· gJ.~ 1\ /3.\ L(~ ~ ,·)·· -i .. r,, ., !.',-.,, '.:) 0/} 100 • C;~ ~.tJ ~ ~ Applicant: Address: ~ Meeting with Staff: __ ,_2-_/_z_2._/_'1_'1 ___ _ ~ Date Application Completed: la!f/, !/¥/CO 60 Day: .3/Lf/oo ~ Incomplete Notice Sent: J 2 /z. Cf/ 'j ~ D Date Property Owners Notified: _____ _ D Date Legal Notice Published: _1_/_g_) tJ_O __ _ 12:( PC Meeting(s): i/19/00 Vote: . cs -o .App voved Vote: Vote: ~ Notice of PC Action: l (;)a l oo ~ City Council Meeting(s): I -:2 0 -U C:2 Vote: 6 -0 ~p_w \ieol - ·.vote: . ~+ -~ Vote: D Resolution X:\APPS\WPW1N60\ WPDOCS\CAROLE\FOR.MS\TRKNG.SITT