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HomeMy WebLinkAboutProject PacketNUNUTES OF THE REGULAR ORONO CITY COUNCEL i�ETING HELD ON MARCH 25, 1996 (94 - m2107 Erwin Smith/John O'SuElivan - Continued) Goetten inquired about an eventual egress outlot on CoRd 19. Mabusth said the County would rather the traffic pattern remain as proposed_ _ O'Sullivan explained to Goetten the signage package. The restaurant would have a free standing, single pylon. The gas identification would be of a lower moment type. The canopy on the store would identity the brand and store. 0-Sullivan notea that the other site has 450 s-f of signage, more than what is being proposed on this larger parcel. Goetten told O'Sullivan that she felt the proposal will bring excitement to the Navarre area. Jabbour asked why the car wash traffic flowed clockwise instead of counterclockwise. O'Sullivan informed Jabbour that the design was to hide the car stacking from the street view. Jabbour was informed by Mabusth that there have been no objections made regarding the proposal by any of the residents. Callahan inquired why no breakfast would be served. O'Sullivan said the concept is for lunch and dinner and did not see the area as being a good location for serving breakfast. Callahan asked Cook if"breakfast was served how it would affect tragic- gook said it would bring additional traffic to the area but it would be in the early morning hours- Jabbour concurred with Goetten regarding concern of traffic for the site being near the intersection. He agreed that the matter of a separate egress and ingress may need to be reviewed. Callahan said he was concerned with left hand turns. Mabusth said similar concerns were voiced with the original O'Sullivan's. Jabbour asked that the issue of access be added to the resolution and monitored for problems. Jabbour moved, Goetten seconded, to approve Resolution 43706 with the amendment of additional language that would advise applicant that the City shall monitor the use of the accesses at the County road, and if needed, to snake changes either in the use of each access or in improvements on County road. Vote: Ayes 3, Nays 0. (46) #2117 THOMAS MCCUNE, 1473 BAY RIDGE ROAD - CONDITIONAL USE pERMITNARIANCE - RESOLUTION #3707 Thomas McCune was in attendance. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 25, 1996 (96 - 42117 Thomas McCune - Continued) Mabusth reported that the application is for approval of conditional use permit and variances to allow a two tiered timberwau it s ed to the west side of the County right- of-way. The wail was originally installed in 1987 and extended 24' into "the McCune property. This installation was originally approved by Staff through the emergency ordinance after the heavy rainfall in that year. The applicant would hike to extend the two tiered timber wall and replace the Y high timber.wall at the crest of the bank. Mabusth said the major concern is with the timberwall being located so close to the County right-of-way. Mabusth said she spoke with the County representative who asked that the plan be reviewed with Mn/DOT. Goetten moved, Jabbour seconded, to adopt Resolution #3707. Vote: Ayes 3, Nays 0. (*#7) JOINT USE DOCK LICENSE - BIG ISLAND VETS CAS - RESOLUTION #3708 Jabbour moved, Goetten seconded, to adopt Resolution 93708, directing Staff to issue a Joint Use Dock License to Board of Governors, Big Island Veterans Camp for the period of January 1, 1.996, to December 31, 1996. Vote: Ayes 3, Nays 0. (*#7A) WAIVER REFERRAL TO PLANNING COMMISSION - MORATORIUM VARIANCE REQUEST Jabbour moved, Goetten seconded, to waive referral to the Planning Commission of Ben Meinhardt's moratorium variance request, and direct Staff to publish legal notice for a public hearing on April 8, 1996. Vote: Ayes 3, Nays 0. MAYOR/COUNCIL REPORT Mayor Callahan voiced concern with a letter sent to neighboring cities, along with the contract cities of Long Lake, Spring Park, and Minnetonka Beach, regarding the continuation of street sweeping and sand/salt storage by Orono. Callahan was concerned that the contract cities were given the wrong impression when there was no intention to discontinue their service. Gerhardson said the there was a miscommunication. The goal was to discover, due to the heavy load, who was interested in continuing the service. Callahan asked that the three cities be notified that the City plans to continue with providing these services to the communities. He also asked that further considerations regarding service be brought to the attention of the Council prior to any action being taken_ 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MARCH 18, 1996 (98 - 92116 John and Lynn Walstedt - Continued) Gustafson commented on the drainage on the site. The low spot on the property collects runoff in the wetland and takes it to an area near Bederwood. The change to the drainage would allow more drainage to the south to the county road. The County will review the plan for possible improvements on Bayside, but Gustafson felt the drainage by Bederwood was a larger problem. He did not see any potential for erosion and was in favor of the swale. There were no public comments. Smith moved, Hawn seconded, to approve the conditional use permit for the new construction and for the erosion control with County review prior to project beginning. Vote: Ayes 4, Nays 0. (Schroeder was not in attendance during this application and did not participate in the vote. Hawn was excused from the meeting at this time.) (#9) #2 117 THOMAS MCCUNE, 1473 BAY RIDGE ROAD - CONDITIONAL USE PERIVIITNARIANCE - PUBLIC HEARING - 9:07-9:12 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth noted that the property has suffered major erosion problems. She recalled the emergency ordinance of 1987 allowing property owners to make repairs with Staff approval after a major rain storm. 24' of retaining walls at the northeast corner were installed at that time. Mabusth commented that it has been the Engineer's recommendation to install masonry walls but the Engineer has approved the timber wall design and detail. The timber wall design ties in with what is presently on the property. Peterson commented on the necessity of the retaining walls with its proximity to the roadway. Peterson explained that the trend for masonry is being encouraged due to the eventual failing of timber -type walls. Mabusth said she had informed the applicant of the need for County permit but added that Dave Zetterstrom of the County had verbatly voiced his approval. Berg moved, Smith seconded, to recommend approval of Application 92117 for a conditional use permit with Staff recommendations 41-4. Vote: Ayes 4, Nays 0. Mabusth said the application would be on the agenda of the Council meeting of March 25, 1996. 12 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. and Mrs. Thomas R. McCune 2150 Shevlin Drive Orono, MN 55391 APPLICATION NO. #2117 NOTICE OF COUNCIL ACTION Date of Notice: March 28, 1996 COPIES: -------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit/Variance ----------------------------------------------------------------------------------------------------------------------- DATE OF MEETING: 03/25/96 VOTE: 3 FOR 0 AGAINST ----------------------------------------------------------------------------------------------------------------------- COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 a.m. to 4:30 p.m.). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit application for the retaining wall must be submitted no later than March 25, 1997. lsv REQUEST FOR COUNCIL ACTION DATE: 3/20/96 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Jeanne A. Mabusth Zoning Title Building & Zoning Administrator Item Description: ##2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use Permit/Variances - Resolution Zoning District: LR-lA Total area = Approximately 35,900 s.f. Brief Review of Application Applicants have filed a conditional use permit to allow the installation of a two -tiered retaining wall along the east lot line adjacent to County Road right-of-way. The existing two -tiered retaining wall at the northeast corner of the property was installed in 1987 after the 100 year storms of that summer. The bank shows signs of erosion. Applicants propose to continue the retaining wall over the remaining 90' of the east lot line. There is an increase of approximately 90 s.f. of hardcover within the 0-75' setback area and the structure will be located 69' from the shoreline. The Planning Commission was in complete support of the application noting that applicants had proposed reductions in hardcover in an earlier variance review for the property. Hardcover in the 75-250' setback area is held at 26.7 % and in the 250-500' zone 19.9 % is proposed where 30 % would be allowed. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the variances and conditional use permit as proposed subject to the findings and conditions set forth in the enclosed staff resolution. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. ch To: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 11, 1996 Subject: #2117 Thomas McCune, 1473 Bay Ridge Road - Conditional Use Permit/Variance - Public Hearing Zoning District: LRAA Total area = Approximately 35,900 s.f. Application: Applicant has filed a conditional use permit to permit the installation of a two -tiered retaining wall at County road right-of-way line. 24 lineal feet of a two -tiered timber wall exists at the north lot line. Applicant wishes to extend retaining wall an additional 90 lineal feet to south. Major portions of the wall are located within the 75' setback of the lake requiring setback and hardcover approvals. Pertinent Ordinances 1. Section 10.03, Subdivision 19 - A conditional use permit is required for the installation of retaining walls. 2. Section 10.22, Subdivision 1 (B) - Lakeshore setback variance for retaining wall. Required = 75' Proposed = 69' Variance = C or 8% 3. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L-1) - Hardcover variance within the 0-75' setback area. Setback area = 575 s.f. Existing = 24 s.f. or 4.1 % Proposed = 114 s.f. or 19.8% Hardcover increase of 90 s.f. or 15.6% List of Exhibits A - Application B - Addendum C - Property Owners' List D - Plat Map E - Gustafson Report 3/8/96 F - Detail of Survey Locating Existing Walls and 75' Setback Line G - Hardcover Inventory 75-250' Setback Area H - Survey I - GME Report 2/29/96 Zoning Application #2114 March 11, 1996 Page 2 J-1-2 Profiles of Soil Exploration and Correction K - Cross Section of Wall L - Resolution No. 3651 M - Photos of Bank 1987/1996 Brief Review of Application In the summer of 1987, many properties within the City sustained severe erosion resulting from back-to-back 100 Year Storms. The City adopted an emergency ordinance that would allow immediate repair of eroding banks. The City did not require conditional use permits but encouraged property owners to proceed with necessary repairs as long as the City staff was to issue land alteration permits covering improvement. The 24' of wall that exists within this property and the properties to the north were improvements conducted during the effective period of the emergency ordinance of 1987. Review the photos, Exhibit M, there is an existing timber retaining wall within a portion of the 90 lineal feet of the bank that is in a state of deterioration. There are visual signs of erosion of the bank. It is the applicant's plan to install the same treated timber walls constructed to the north. The Engineer strongly recommends installation of a modular wall as a permanent solution to the problem. For obvious aesthetic reasons, applicant wishes to proceed with the timber wall installation. Review Exhibit I, the applicant's consultant has submitted an engineering report for a two -tiered retaining wall ranging from 6-8' in total height. Gustafson asked for information on the structural capacity of the proposed helix earth anchors to be used in the installation. He also asked that the City be contacted at least 48 hours before the wall is installed. We recommend that applicant present plans to the County Highway Department for their review as certain activities adjacent to County right-of-way will be conducted within portions of the right-of-way. A permit will be required from the County for all work done within the right-of-way of the County road. The wall will be located within the lakeshore protected area approximately 69' from the 929.4. The improvement will result in a hardcover increase of 90 s.f. or 15.6% within the 0-75' area. Issues for Consideration 1. Since additional hardcover improvements are being proposed in the 0-75' setback area, should additional hardcover improvements be either removed or reduced in the 75-250' setback zone of the property (refer to Exhibit G)? Zoning Application #2114 March 11, 1996 Page 3 2. Should special landscaping be required at the top of the second tier of retaining wall to minimize danger to users of lakeshore yard of property? Ceil Strauss of the DNR called to discuss the application and advised that since wall is located within the 0-75' setback area that some type of planting should be installed to minimize visual impact of two -tiered retaining wall from lake. 3. Are there other solutions to a two -tiered retaining wall? If bank was to be gradually sloped back from County road, major retaining walls would be required along sides to uphold higher elevations of adjacent properties. What other solutions are available to applicant? 4. Other issues raised by Planning Commission. Options of Action To either approve or amend the current proposal. Any condition of approval must include the following conditions: 1. Applicant to obtain a permit from Hennepin County DOT far work conducted within County right-of-way. Applicant to also include a planting schedule for type of plantings to be installed at first and second tier of retaining walls. 2. City Engineer to review final grading and construction plan upon application for building permit. Applicant's contractor to submit information on structural capacity of helix earth anchors. 3. Applicant's contractor to contact City staff at least 48 hours before installation of retaining walls. 4. Erosion control shall be in place during construction until groundcover is restored. lsv Application # +: Date Received Amount Paid o3 �?) , oy CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address // 73 8^ y P-l D 66 90 A- ID Type of Application to be Filed fC7A-1 N J NG W A 1, ` W /T7-t t A 7S" of LAkc sµo e45 Property Identification Number (P.I.D.) /O - // 7 - Z 3 - .3 ,Y- oco S APPLICANT Phone (home) y 5 Name 77+0 /r) Phone (work) 2 d 7 S-2.aa Address a /s-o SNttl1-1eJ bp-1 %1E City 0 w Zip '5- OWNER (if PdiLterntha plicant A - a te-anSpoul E Name mAeT* tr �1reu.vog Address 5Am45 City Phone (home) s -4-m E Phone (work) S &evlc Zip 5.17"-Z;- Date Property Acquired 5 � PTLw+3E--- 30.1 11 gs (month/year) I (do) do not also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments $200.00 Duplex Credit/Bldg $300.00 CommercialAndustrial Use $250.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) After -the -Fact Fee - Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation $200.00 Easement Vacation $100.00 Easement Vacation With Subdivision $350.00 Rezoning (PUD - refer to fee schedule) $350.00 Comprehensive Plan Amendment $100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District L9 - / A Present Use of Property X;�— Residential Other (specify) 6 REQUIRED SUBMITTALS= 1. Completed Application Form. g 2• 4' Describe request in detail. (56ETTE.) _ 3• _ Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4•_ Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. 'E Attach legal description to application if not included on required survey.,�o N s.*V 6:y) 6. 1Y /A Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7• _ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. Construction plan, if applicable (see staff for requirements). 9. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff. Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for p oses of investigation and verification of this request. Owner's signature Date o1 la Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 Bonestroo Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer Otto G. Bonestroo, P.E. Howard A. Sanford, P.E. Michael C. Lynch, P.E. Brian K. Gage, P.E. Robert W. Rosene, P.E.* Keith A. Gordon., P.E. James R. Maland, P.E. F. Todd Foster, P.E. Rosene Joseph C. Anderlik, P.E. Robert R. Pfefferle, P.E. Jerry D. Pertzsch, P.E. Keith R. Yapp, P.E. Anderlik & S Marvin L. orvala, P.E. Richard E. Turner, P.E. Richard W. Foster, P.E. David O. Loskota, P.E. Scott J. Arganek, P.E. Kenneth P. Anderson, P.E. Douglas J. Benoit, P.E. Shawn D. Gustafson, P.E. Glenn R. Cook, P.E. Robert C. Russek, A.I.A. Mark R. Rolfs, P.E. Cecilio Olivier, P.E. Associates Thomas E. Noyes, P.E. Robert G. Schunicht, P.E. Jerry A. Bourdon, P.E. Mark A. Seip, P.E, Kent J. Wagner, P.E. Mark A. Hanson, P.E. Gary W. Morien, P.E. Paul G. Heuer, P.E. Susan M. Eberlin, C.P.A.* Michael T. Rautmann, P.E. Paul J. Gannon, A.I.A. John P. Gorder, P.E. Engineers &Architects * Senior Consultant Ted K. Field, P.E. Daniel J. Edgerton, P.E. Dan D. Boyum, P.E. Thomas R. Anderson, A.I.A. A. Rick Schmidt, P.E. Jeffrey J. Ehleringer, P.E. James R. Rosenmerkel, P.E. Dale A. Grove, P.E. Joseph R. Rhein, P.E. Donald C. Burgardt,,P.E. Philip J. Caswell, P.E. Lee M. Mann, P.E. March 8, 1996 f Thomas A. Syfko, P @, Frederic J. Stenborg, P.E. Mark D. Wallis, P.E. Miles B. Jensen, P.E. Charles A. Erickson Leo M. Pawelsky f Ismael Martinez, P.E. L. Phillip Gravel, P.E. Harlan M. Olson 1 Michael P. Rau, P.E. Karen L. Wiemeri, P.E. Agnes M. Ring Thomas W. Peterson, P.E. Gary D. Kristofitz, P.E. James F. Engelhardt Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono MAR 1 3 1996 Post Office Box 66 Crystal Bay, Minnesota 55323 Re: McCune Retaining Wall File No. 139-2117 Dear Jeanne, We have reviewed the proposed timber retaining wall extension on the McCune property at 2150 Shevlin Drive located on the west side of Shoreline Drive in the southwest quarter of section 10. We have the following comments in regards to engineering matters. 1. Retaining Wall: The design prepared by GME Consultants, Inc. is acceptable. Information on the structural capacity of the proposed helix earth anchors should be provide for our review. The applicant should contact the City at least 48 hours prior to the wall installation to schedule an inspection. The inspector should verify that the construction recommendations detailed in the GME report are implemented. It appears that some of the work will take place in the right-of-way for Shoreline Drive (CSAH 15). The application should be submitted to Hennepin County for their review. The applicant desires a timber wall to match the appearance of the adjacent wall. We do not recommend timber retaining walls as a permanent solution. Concrete modular block retaining walls are a more permanent option that should be considered for this application. 2. Erosion Control: Prior to starting the work, proper erosion control measures must be in place, such as silt fence. Shortly after the work is completed, the disturbed areas should be sodded or seeded with a suitable ground cover. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. j'C,1�I b . Shawn D. Gustafson, P.E. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Attention: Michael P. Gaffron Assistant Planning and Zoning Administrator February 20,1996 Dear Mr. Gaffron, We recently purchased a home at 1473 Bay Ridge Road which will be our principal residence. As you know,we have just received minor variances for side setbacks and hardcover (26.7% in the 75-250 ft. zone) from the Orono Planning Commission and Orono City Council. Enclosed herein is Conditional Use Permit application to construct (actually extend) a timber retaining wall in the 0-75 ft. zone (specifically in the 69-74 ft. zone) as shown on the enclosed survey. During the summer of 1987, heavy rains caused failure of existing retaining walls at the property lines along County Road 15 and caused major erosion and, in fact, partial closure of County Road 15. (See photos enclosed). In 1987, new timber retaining walls were built at 1461 and 1449 Bay Ridge Road, my immediate neighbors to the north, and at 1485 Bay Ridge Road, my immediate neighbor to the south. The wall at 1485 Bay Ridge was subsequently buried for personal visual reasons. Concurrent with the building of the wall at 1461 Bay Ridge, 24.3 ft. of the identical wall was built along my property line, but not extended the full 115 ft. total length of my frontage due to economic reasons. In recent years, feable attempts have been made with "stakes and boards" on my hillside in an attempt to control erosion on the embankment.(see photos enclosed) This request respectfully asks permission to build a two tiered, engineered timber retaining wall on the remaining 90.7 LF of my frontage to complete the wall that was previously started. This wall would retain approximately 8 feet of earth at the north end and 6 feet at the south end.There will be no change in grades,contours,or drainage as a result of this retaining wall. The wall will be designed by a Registered Professional Engineer and constructed by a firm experienced in this type of construction. This wall would not only be functional to eliminate erosion and the risk of failure but would improve the aesthetics significantly. As you can see from the pictures, the walls on the adjacent property have nice plantings and are quite attractive. Enclosed herein are: 1. General Land Use Application Form. 2. Certified site survey prepared by Egan, Field, & Nowak Inc., dated October 24,1995. 3. Survey showing location of proposed additional wall, as well as lot lines, property corners and setbacks from the 929 ft. Lake Minnetonka high water line. 4. Hardcover calculation worksheet which was part of the recent variance application. 5. Photographs showing major erosion in 1987, photos of the newly constructed retaining wall along part of our hillside at the completion of constuction in 1987, recent photos of the front of our property and photos depicting the current condition of the walls on the adjacent property. 6. Check for the $250.00 Conditional Use Permit fee. 7. Certified Property Owners list, labels and plat map. 8. Construction plans,details, and sections. 9. Signed Data Privacy Advisory form. We would appreciate approval to do this work at this time,concurrent with construction of our sunroom addition. Sincere , Thomas R. McCune 2150 Shevlin Drive Wayzata, MN 55391 0 CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ) ss. 0 .ell,.,, CITY OF ORONO ) - a. I, Jamie Bosma,of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2117, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 28th day of February, 1996. n c' Jamie;` osma • ` h t F _4 , . . 1 . , O a d %' W cn �a ern a 0 m ...CD in m - ._ O s ~ .W 0 -W .. , .0 'M 0tD �z - C+ 'MJ .�.H " 0In M Q.W ?AM Q.0 W Ln .Q . - N'Y; 0 M U) N�1Y. C,lOi •, - - W �N ri c.m r4 CO W Y 0 4 �i �.;0. 4 4 C Xx Cl, ~ p r1 '* U N 'n "t Ln N c0r1 �.W�' t0r4-1aCo4 M O Cl G9-ri QCLLSI.J CL ' v _ W.W D .. k 5 .X -uj M - LUfn r AL. IX o ml-au.•- �� d.W W;" W ; aF-• 0Ln OLnc -W'co� .O.J '11 •D.} } •-a, -` M' Z 2..'S. W-M d.L9 '•W' M ~ aZ_W Z `W S•MWW S• C6 e••1 G H - '.� W ri }.}_z .-, z .e } . - a . pp m � x. _ . �:,F-1- KC ..Qa ,, - _ 'O -WIJZF C, Ot�mlLU - ,Y ' CL W --_" ri LLT (y((�� a F. - C O N M M N -.`' - rl Q ei' 4 ~- '•. O •- - QQ .. ... W .. . - Q IA Mx 'Y N 3 : M O .b IL ri 3 .; F, p O a LU _ , 1-4 Z oN-, r ,� oJ'aDDUA =U' . - Q d' ML►w to a :: r�7 N M M o N - - ' N W - 'H .W,.IQ wQ Q W-IT - - - M W C M 2 - M •d C9 _ M.Q:tS•S C 14 N"lz} ` ii nl- -o gal m 0 c In Z Uk l WA'._ .O O W m} - 77 r .,_ Wd Y Q- O b? ".;_�-.T�. O � vwa'a aDCD((�1Q1q co t-1#a COmet M O S G N S -M,O Z E M S O ,L W '4 0 C ,M . •.W O 0Q OO -.0Q7YG :..G Z W a -O Z W a ti ". Q Z W d :. 0 S CQW OLaW aeQw - y Q. W Q. Z O. tU D_ S s '. C Z3W [3. E - a _ r 1 3 _ NI'53'27'El 84,73 109.6 C, ti in Co 77- NIM PWAA& - l y'73` A4)/ F1 D90 FLAP - 11/2-13P� FLARDCOVER CALCULATION WORKSHEET ' SETBACK ZOYE: (CIRCLE ONE) 0-75' (!]ED '50-500' r00-1000' EXISTING MARDCOVER IN ZONE A. House job Z 7 = �, 7 S�' S.F. Length width , z = S.F. z = S.F. c = S.F. SJ B. Garase Z 2 z _ % / C S.F. (PAkTIA1.) l y X Z Z x /a_ / Sy S,F i ......< C. Driveway j�/ T �'/ % z = O S.F. z = O S.F. D. Sidewalk(0 2 = S.F. = S.F. z E. Patio/Deck 12 z % _ S.F. �9 Z 1 / 3 = z 73 S.F. / 8 X Z y = y 3 2 + 1 7 x y, S= 77 _ Soq s, F, . c S 1 S S S.F. ` lO F. 7/ ; z _ �l ZG S.F.'. poop 3 3 9 z = o S.F. y DECK- �o - x X O s �, G. Other Pooh, 3 z = SD S.F. 5RED TOTAL HARDCOVER IN ZONE - yDy(o S.F. A TOTAL PROPERTY AREA IN ZONE - a o, 300 S.F. B A y0 �% — B z 0 300 z IQO = i 9, Q %W i7youT Poo yj@ y� Z o,30o X /00 0/0 yy�rH Pool PROPOSED HARDCOVER IN ZONE TA. House to S z rI = /i 7SS S.F. Length Width so N Roots 2 L z /R y3Z S.F. z S.F. C3; N6-ci 6,R,/BAT4 Z 6,S z /3 = 3yY S.F. 119) B. Garaze 3 017; ; Z G ,51 = 9 D 3 S.F. i / C. Driveway / €3 z X _ Sy S.F. z — S.F. 1 2 D. Sidewalk 3 £� z _ / / y S.F. z = S.F. E. Patio/Deck s Z z % = 8 y S.F. ® �pE[�.E1kSEo) 8 z 8 = l0 5f S.F. F. sae 3 1 z S / SS S.F. Pool Uader4 7! z — d6 S.F. �E�� !O z g- X ��—S}"F. G. OthersPCO& 1!?• 3 z 6 = SD S.F. TOTAL HARDCOVER IN ZONE - //6 a S S.F. A TOTAL PROPERTY AREA IN ZONE - a O, 3 60 S.F. B A J/(, 2.5 B Z o, 360 z ioo = z z. 8 a W/TROUT Pcx A syz s. R 2-0;300 xl0o 2-6.7 % W/TH Pool- \ 13 Pool Sv2�F-ACE `�oX�=8av5F) s CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3651 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS- 10.23, SUBDIVISION 6 (B), 10.22, SUBDIVISION 2, AND 10.56, SUBDIVISION 16 (L) FILE INTO. 2084 WHEREAS, Thomas R. McCune (hereinafter "the applicant") is the owner of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a garage/bedroonvbath addition to be located 10' from the side lot line where a 30' side setback is normally required, and construction of a sunroom located 27' from the side lot line where a 30' setback is normally required. and a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow 26.7% hardcover in the 75-250' zone where only 25% hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS i . This application was reviewed as Zoning File 4-1'2084. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 20. 1995 and recommended approval of the proposed variances based upon the following findings: A. The proposed side setback of 10' for the garage and 27' for the sunroom instead of the required 30', is consistent with other development in the neighborhood. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 651 B. The new garage addition will result in the removal of the existing detached garage which is located less than 3' from the south side lot line where current standards for a detached garage would require a 10' minimum setback, thereby eliminating this non -conforming structure. C. The proposed location of the garage/bedroom/bath addition in the northerly half of the property will minimize the amount of driveway hardcover in the 75-250' zone. D. The proposed sunroom is over an existing deck and therefore constitutes no new hardcover in the 75-250' zone. Further, the proposed sunroom does not encroach on the average lakeshore setback, and its location 27' from the lot line will have no impact on neighboring properties. E. The increase in hardcover on the property from 23.9% to 26.7% is being minimized by removal of a portion of the existing deck, as well as removal of the detached garage and existing sidewalk. Hardcover in the 250-500' zone of 19.9% where 30% would be allowed also is a positive aspect of the proposal. F. Because the existing septic system is located in the area of the proposed garage/bedroom/bath addition, and because that septic system must remain in use until/unless municipal sewer is provided to the property, it is appropriate that construction of this addition be delayed until such time that sewer is available, while the sunroom addition will not be hindered by the septic system location. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CITYoF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3651 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23 Subdivision 6 (B) to allow a side setback of 10' for the garage/bedroom/bath addition and a side setback of 27' for the sunroom addition, where 30' side setbacks are normally required, and grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' Lakeshore setback zone at 26.7% where only 25% hardcover is normally allowed, subject to the following conditions: 1. Hardcover in the 75-250' zone shall not exceed 5,425 s.f. or 26.7% per the hardcover schedule and diagram attached to this resolution as Exhibit B. All hardcover to be removed in the existing deck area shall be removed prior to footing inspection for the new sunroom. Occupancy of the new garage/bedroom/bath addition shall not occur until the existing detached garage, blacktop driveway and sidewalk have been removed. Applicant is advised that any future proposals for hardcover in the 75-250' zone will require a variance application, and might be approved only in conjunction with concurrent removals of existing hardcover, resulting in no hardcover increase. The standard 30% hardcover allowance in the 250-500' zone shall be reduced by the 350 s.£ overage in the 75-250' zone. 2. The new driveway to be located along the north lot line shall be constructed no closer than 5' from the north lot line to allow for snow storage, etc. Page 3 of 6 b: CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 3 6 5 1 ;. A permit for the garage/bedroom/bath addition shall not be issued by the City until such time that municipal sewer is available for connection to the property or until such time that a new conforming septic system has been installed. 4. A construction permit for the sunroom shall not be issued until one of the following occurs: a. Applicant executes a "Septic System Upgrade Agreement" and provides the required Letter of Credit to ensure that the septic system will be upgraded in a timely manner absent the installation of municipal sewer; or b. The City Council has ordered the installation of municipal sewer to serve the property; or C. A new conforming septic system has been installed on the property. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 11, 1996). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assig<<s, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 651 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of December, 1995. ATTEST: Dorthy M. al n, City Clerk Property Owner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIINT ) r' Edward J. Call an, Jr., Mayor i The foregoing instrument was acknowledged before me on this 11 th day of December, 1995 by Edward J. Callahan. Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. n Notary ublic BI)r-N 1A�, NOTAAy FUSLIC mINNESOTA HENNEPIN COUNTY My Commission Expifes jan31 2000 Page 5 of 6 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 651 On this day of —'ter �. 199_ (, before me a Notary Public within and for said county, personally a0p red 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY �.�.•• My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) NOT , Y PUBLIC On this day of _ and for said county, personally appeared �t known to me to be the person(s) described in and w aclrnowledaed that he (they) executed the same as his before me a N otar<< Public within io executed the foregoing instrument,and (their) free act and deed. CAROLE A. HASEMAN eoz� NOTARY PUBLIC-MINNESOTA NOTARY PUlii_IC HENNEPIN COUNTY a M Commission Expires Jan.31, 2n00 Y Paae 6 of 6 Exhibit A Resolution No. 3651 Legal Description (As contained in Certificate of Title No. 74093) Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Together with an easement for driveway purposes over Tracts J, K, L, M, O, P, Q and R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to a public easement in the Highway known as County Road No. 7 as to Tract E; Subject to the portion of said land between the high water mark and the low water mark of Lake Minetonka to the public right, including the right of the State of Minnesota to use or reclaim said portion for any public purposes now authorized by law; (as to Tract E). Also known as PINS No. 10-117-23 34 0005 I 77. lbf L, 7-741 -S 1-14 IL < - , 41. -p(2 o T-Y CITY OF ORONO ZONING FILE #2117 P.O. Box 66 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 ACTION 473-7357 DATE OF NOTICE: March 20, 1996 --------------------------------------------------------------------------------------------------------------------- TO: Mr. & Mrs. Thomas McCune COPIES TO: 2150 Shevlin Drive Orono, MN 55391 --------------------------------------------------------------------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit/Variances --------------------------------------------------------------------------------------------------------------------- DATE OF MEETING: 3/18/96 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Planning Commission recommended unanimous approval of the application as proposed subject to the conditions set forth in the staff memo. The enclosed approval resolution will be presented to the Council for their review and formal action at their March 25, 1996 meeting. Please review the resolution and contact staff prior to the meeting if you have any questions. ch ......... . c C Ib ;90 s� o iO �r�? i \ - 19 4ml .85 to 104 46 ( 33 Rl cr 104 4,9 - 4t 04 ti 11 fol N, k. 04 4 .% - 1. 11 1. 'k 4,9 0 448 X 03 "W — N V 249 53'27'E 48 7,55 "74.48 l4k 6 4?- f,3, " 49 --------------- ------------------ ----------------- -O --------- --- -- ------ - .......... ------------------------- CO 33 33 ym a. �4�� CITE" of ORONO Munid* offices Past office Box 66 crystal Bay, NUnnesota : -323•-0066 DATA -PRIVACY ADVISORY In accordance with 1f.S. 13.04, Subd. ?, Rights of subjects of data", we would like to inform you that your request for a permit or Iicense from the City of Orono or any of its departments may rrequire you to furnish certain private or coruzdential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. nit =. You may refuse to supply data, but refusal may require that the City deny the pei or license. . The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. If your requested permit or license requires Council action to approve, some information may become public. 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. P—D 8 C—gT jV1 c C(Jl1/e5 First Middle Last Z/So Sr-,I6VI-1N RlV4�5 :,ddress (/./) 1/73 32Y6 D AD O %'� r� /V ESt) %?4 SS 39 / (kV) a g 7 5-200 City St`te Zip Phone I understand my nghLs as stated above. Signature P 67 : 1 y 7 3 SAY ,21DGF X04 D TEI F MONNE - 41:97357 9 EAX - 47--0510 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, AV N 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, March 18, 1996, the meeting commences at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2113 David and Jean Sahlstrom of 129 Chevy Chase Drive, seek approval of a side setback variance to permit construction of an attached garage addition to the north side of the principal structure. 2. #2114 CIark Winslow of 1595 Bohns Point Road has filed a conditional use permit and variance application to permit the dredging of approximately 80 cubic yards of spoils and debris from a designated wetland. 3. #2115 Frank Bennett of 315 Tonkawa Road has filed a conditional use permit to permit the dredging of a pond at approximately 3/4 to an acre in area located to the west of the existing residence located at 405 Tonkawa Road. The land alteration application also involves the installation of a connecting driveway with Mr. Bennett's homestead parcel at 315 Tonkawa Road and the existing private drive at 405 Tonkawa Road. 4. #2116 John and Lynn Walstedt of 3470 Bayside Road have filed a conditional use permit to permit land alterations involving approximately 1,000 cubic yards of earth movement and fining in conjunction with new'construction on the property. Excess fill results from structural improvements and additions to the existing residence consisting of an addition at the west side of the residence and the excavation of a walkout on the south side of the residence. The purpose of the filling in the rear yard is to redirect drainage away from residence to a swale along the west and south side of the property. 5. #2117 Thomas McCune of 1473 Bay Ridge Road has filed a conditional use permit to allow the installation of a two tiered retaining wall for approximately 90 linear feet along County Road 15. The two tiered wall will be at a maximum height of 8' along the north side and taper to 6' maximum height to the south. The proposed retaining wall will connect with an existing two tiered timber wall at the north lot line that extends approximately 24' into applicant's property. Applicant has also filed for a lakeshore setback variance that would allow the installation of a retaining wall to be located 69' to 74' from the shoreline where a 75' setback is required. All persons wishing to be heard will appear at this meeting_ Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono Planning Commiss on /� ��- —Jeanne A. Mabusth Building & Zoning Administrator To be published the week of March 4, 1996. ,MAC nL ff;�9—D OF ORONO `"movement and fillingirrconjunction with new 2750 Kelley Parkway, P.O. Box 66 construction on the property.. Excess fill _ Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 results from structural improvements and additions to the existing residence consisting affidavit of Publication - s , of an. addition "at the west side of . the NOTICE �; residence and the excavation of a walkout on <x the south side of the residence: purpose ,-The The Planning Commission will hold public #,"of,the filling in the ,wear yard is`.(o,redirect hearings State of Minnesota, County of Hennepin. in the Council Chambers at 2780., drainage away from residence fa:,a swale Kelley Parkway on, Monday, March 18. 1996 along the west and south side Of the,property.- operBill .the meeting commences at 7:00 p.m.; on the v matter of reviewing the following land use 5.' #2117 Thomas McCune}of' 1473 Bay Holm, being duly sworn on oath, sit ys that he is applications: `` Ridge Road has filed a conditional use Permit to allow the installation of a two. tiered , an authorized agent and employee of the publisher 1. #2113 David and Jean Sahistrom of 129 Chevy t;hase Drive, seek approval of a side Otaining wall for approximately 90 linear feet of the newspaper known as THE LAKER, Mound, along County Road 15. The-two.tiered wall:will setback variance to permit construction of arf" attached garage addition to the north side of be at a maximum -height of 8':.along ifle north': Minnesota, and has full knowledge of the facts side and faper to 6' maximum height to the the principal structure. south. The proposed retaining wall will , which are stated below: - 2. #2114 Clark Winslow of,1595 'Bohns Point connect with an existing two tiered timber wall at ' the- north lot line that extends Road has filed a conditional use permit and. variance application to permit the dredging of ' approximately 24' into, applicant's property: A Applicant has also filed for a Iakeshore,) The newspaper has complied with all the approximately 80 cubic yards of spoils and debris from a designated wetland. setback- variance -that would bilow the fegUlCemeniS constituting qualifications as a installation of a retaining wall to be located 69' 3. #2115 Frank Bennett of 315 Tonkawa to 74' from the shoreline where a 75' setback qualified newspaper, as provided by Minnesota is required. Road has filed a conditional use permit to permit the dredging of a pond at . .. • - -. - ., Statute 331 A.02, 331 A.07, and other applicable 'All persons wishing to be heard will appear at approximately 3/4 to an acre in area located to the west of the existing residence located this meeting. Written comments are solicited. Plans are available in the City Offices for laws, as amended. at 405 Tonkawa Road. The land alteration application also involves the installation of a - review, by appointment. connecting _driveway" with Mr. Bennett's homestead parcel at 315 Tonkawa Road and .*. : City of Orono By: Planning Commission B.) The printed f the existing private drive at 405 Tonkawa ' Road. Jeanne'A. Mabusth 4- #2115 John and Lynn Watstedt of 3470 - Building &Zoning Administrator - Bayside Road have tiled a conditional use .. (Published in The Laker and Pioneer, March which is attached was cut from the columns of said permit to permit land alterations involving approximately 1,000 cubic yards of earth ' 2, 1996) newspaper, and w�s printed and published once each week for successive weeks: It was first published Monday, the a day of i— 1916 and was thereafter printed and published every Monday, to and including Monday, the day of 19 L� Authorized Agent Subscribed and sworn to me on this By: d day ofj/ / ' , 19 V4. KRISTI HOLM NOTARY PUBLIC - MWa*JWA MY COMM. EXPIAM 1411,4000 (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05.