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HomeMy WebLinkAboutProject PacketMINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON DECEMBER 11, 1995 PARK COMMISSION COMMENTS No member of the Park Commission was in attendance. Moorse remarked that he had attended the Park Commission work session where park planning was discussed and will be writing a report on the results. PLANNING COMMISSION COMMENTS No member of the Planning Commission was present. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT (96) r_084 THOMAS R. MCCUNE, 1473 BAY RIDGE ROAD - VARIANCES - RESOLUTION #3651 The applicant was present. Gaf ron reported that the application was for variances to the side setback and hardcover in the 75-250' zone for property located in the LR-lA 2 acre zoning district. This area is not sewered but is in the "hot spot" area and has been petitioned for sewer by the 8 homeowners. The proposal is for two additions on the existing residence with an addition for a bedroom and attached garage, to replace the detached garage, located 14' from the north lot line. The proposal calls for the removal of the old driveway and addition of a new driveway to the new garage location. The proposed side setback is 10' at the northwest corner. This is common in this area and consistent with other homes in the neighborhood. The side setback standard is 30'. The deck is proposed to be enclosed with a sunroom at 27' from the south lot line, where the required side setback is 30'_ Hardcover in the 75-250' zone exists at 23.9% and is proposed at 26.7%, where 25% is allowed. Ga$�ron noted that the garage addition on the north will minimize the hardcover in the 75-250' zone. If the proposed wing was moved to meet the setback, it would not be consistent with the design of the house and would also add hardcover. The Planning Commission recommended approval. 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 (99 - #2083 Bernice Zumbusch - Continued) Peterson said the decking needs to be redone. He noted the goal was to get a reduction in hardcover, especially in the 0-75' zone, but the City Engineer's recommendation would be required. Mabusth remarked that the plastic removal would result in a 5°lo reduction in the 0-75' setback area. There were no public comments. Smith moved, Berg seconded, to approve application 92083 for the replacement of the deck with the plastic as previously described be removed and by the City Engineer's inspection on the west side be removed in the 0-75' zone if recommended by the Engineer. Vote: Ayes 5, Nays 0. (#10) #2084 THOMAS R. MCCUNE, 1473 BAY RIDGE ROAD - VARIANCES - PUBLIC HEARING - 10:27-10:32 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Gaffi'on reported that the property under review is located on Bay Ridge Road where 100' lot widths are typical_ The lot is 115' as measured parallel to the lake. The property is located in the 2 acre zoning, but the average lot size in this neighborhood is 1 acre. This property is .84 acre. The proposal is for two additions requiring variances for the side setback and hardcover. The applicants plan to replace the existing deck with a sunroom. 30' is required for this side setback, and the existing deck and proposed sunroom are at 27'. Sunroom location is constrained by a window is located to the north. It is possible to narrow the sunroom to meet the side setback of30'. The room addition and attached garage to the north side requires a 30' setback and is proposed at 10'. The existing house is at 14'. The existing driveway would be relocated. The existing garage and apron would be removed. The garage addition will be over the existing septic system; hence, this project must wait until sewer is brought to the neighborhood_ Gaffron reported that the hardcover existing in the 75-250' zone would increase from 23.9% to 26.7% for a 1.7% variance where 25% is allowed. The hardcover in the 250- 500' zone is under the 30% allowable. The only hardcover existing in the 0-75' is a stairway located in the Co Rd 51 right-of-way. McCune said it was originally their thought to have a sunroom continuing along the south line of the house about 14' from the lot line, but it was slid to the north because of the setback_ Because of the lake views and the way the houses in the area sit on the lots, McCune placed the sunroom where proposed_ McCune said by placing the garage addition as proposed to the west, it minimizes the hardcover in the 75-250' zone. 22 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING HELD ON NOVEMBER 20, 1995 (912 - 92084 Thomas McCune - Continued) Lindquist received confirmation to his question that the septic system is located under the proposed garage. McCune noted that all 8 homeowners in the area signed up for sewer which is hoped will occur next year. The plan is to wait to do the improvements until the sewer is completed. This is part of the whole plan. Hawn moved, Berg seconded, to approve Application 92084 with the reservation that the project not proceed with the garage construction until municipal sewer is available. There were no public comments. Vote: Ayes 5, Nays 0. (#11) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE - CONDITIONAL USE ovW,IIT ri 'ARIA k CE - PUBLIC HEARING - 10:32-10:59 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was for a conditional use permit and variance to create a 6000 s.f open water area in a designated wetland of 1 acre size. The property would have over 2 acres of dry contiguous buildable land. Mabusth noted that the City has a conservation and flowage easement over the area. Mabusth reviewed the codes, specifically 10.55 where amendments would be needed, and 10.56 which lists the functional entities that all wetlands provide and should retain. Of the 6 functional qualities listed, Mabusth said there would be no impact on 95, regarding shoreline or bank stabilization, but had no information on 93, regarding fish and wildlife habitat. Mabusth said the issue is that the code discourages having any prohibition in code 10.55. Mabusth said the City Engineer and DNR had no problem with the proposal as long as certain standards were met. Replacement would be asked for base and bank levels (2.25 acres). The type 2 wetlands should be replaced for wildlife habitat. Mabusth said she saw a problem with other residents of the 7 residential lots in the area asking for the same type of pond. The application was being reviewed by the DNR and MCtiVD. Mark Gronberg said he checked with Kristen George, who is awaiting City's decision. George was said to have no problem with the excavation in the wetland. He noted that the Corp of Engineers still needed to approve the application_ He also noted that the wetland has become larger after losing the farming in the area_ 23 o.. o July 31, 1997 Thomas R. McCune 1473 Bay Ridge Road Wayzata, MN 55391 Harry Cunliffe - Private Banker Norwest Bank Minnesota N.A. 900 East Wayzata Boulevard Wayzata, MN 55391 CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 POSt�it® Fax Note T J0rA Co./Dept. M A PhonePhone # Fax# ZS7— e Re: Release of Savings Certificate #4300108067 Gentlemen: 7671 Date From j,J qnJ Co t Phone #r Fax # r The City of Orono hereby releases City control of the above referenced $15,000 Certificate based upon the pending installation of municipal sewer to serve your property, thereby negating the need to proceed with an upgrade of your septic system. Please contact me at 473-7357 if you have any questions. Sincerely, fJ Michael P. Gaffron Senior Planning Coordinator cc: Thomas Kuehn, Finance Director Greg Gappa, Public Services Director Steve Weckman, Septic Systems Manager Telephone (612) 473-7357 • FAX 473-0510 07. 31 14:12 ID:rl A r1l--IF:ITE[-..]Sl--11-.,l E.LFjG Dl,., PAGE 1 December 6, 1995 Mr. Michael P. Gaffron Assistant Planning & Zoning Administrator City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Item #2084 1473 Bay Ridge Road Dear Mr. Gaffron: I appreciated the Planning Commission's approval of my variance application on November 20, 1995, which was subject to "not proceeding with the garage wing addition until/unless municipal sewer becomes available to the property." I was just apprised yesterday of the possibility that no building permits would be issued until (1) a "Septic System Upgrade Agreement" is executed, (2) a Letter of Credit is provided, and (3) a conforming septic system design/tests are provided. In view of the fact that the Bayridge neighborhood is in the "Shoreland" area, the fact that 8 property owners in Bayridge have unanimously petitioned for municipal sewer and the high probability that municipal sewer will come to the neighborhood in the very near future, I respectfully request that the above items not be required. It is our intent to immediately apply for a building permit to do interior renovation work to the existing home and add the new sunroom addition, before we occupy the property. If the city council determines that the "Septic System Upgrade Agreement" and Letter of Credit are required now, I will comply. However, to require an alternate septic system (mound system) design would be costly (and probably academic in view of municipal sewer) and the soil percolation tests would be impossible at this time due to frozen ground. Therefore, to delay a building permit until "perc" tests could be done in the spring would be a major hardship and we would have to find alternative housing until the remodeling is completed. I believe Steve Weckman and you would agree that the large size and flatness of the lot would, in all probability, provide an acceptable site for an alternative system, if necessary. Thanks for your cooperation. Sincerel , Thomas R. McCune REQUEST FOR COUNCIL ACTION DATE: November 29, 1995 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Assistant Planning & Zoning Administrator Item Description: #2084 Thomas R. McCune, 1473 Bay Ridge Road - Variances - Resolution Zoning District: LR-lA, Single Family Lakeshore Residential, Two Acre - not sewered Application: Request for side setback variances and 75-250' hardcover variance for construction of two additions to existing residence List of Exhibits A - Resolution B - Planning Commission Minutes 11/20/95 C - Notice of Planning Commission Action 11/28/95 D - Memo and Exhibits of 11/13/95 Discussion Please review the memo of November 13. Briefly, applicant proposes to construct two additions to the existing residence: - Guest bedroom/bath with attached garage (existing detached garage to be removed). - Replace existing open deck with enclosed sunroom. The proposed bedroom/bath/garage wing to be located on the west side of the residence will be at its closest point 10' from the north side lot line where the existing house is just over 14' from the lot line. A 10' side setback is common in this neighborhood, which developed in the late 1950's (30' side setback required). The other homes in this neighborhood all have attached garages, hence this addition will be consistent with the neighborhood. Since this addition is over the existing septic tanks, applicant intends to not construct it until/unless municipal sewer becomes available to the property. The Bay Ridge neighborhood is one of the ten hot spots being considered for sewer, and the City has received a petition from all eight residences requesting that sewer be constructed on the lake side of the homes. Request for Council Action continued Page 2 of 4 November 29, 1995 Zoning File #2084 Thomas R. McCune, 1473 Bay Ridge Road The proposed new sunroom will be over the existing wood deck, which is 27' from the south side lot line where a 30' setback is normally required. A portion of the existing deck will be removed, which will assist in minimizing the proposed increase in hardcover in the 75-250' zone. Hardcover in the 75-250' zone is proposed to increase from 23.9% to 26.7%, where 25% is normally allowed. Applicant noted that the garage addition is located where it minimizes the amount of driveway in the 75-250' zone. Planning Commission Recommendation Planning Commission reviewed this application at their November 20 meeting and on a vote of 5 to 0 recommended approval, subject to applicant not proceeding with the garage wing addition until/unless municipal sewer becomes available to the property, based on 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. 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 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. Request for Council Action continued Page 3 of 4 November 29, 1995 Zoning File #2084 Thomas R. McCune, 1473 Bay Ridge Road 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. Septic System Upgrade Agreement Because the property is in the shoreland, any request for a variance or building permit triggers the need for an upgrade of the septic system. The existing septic system on this property is non -conforming due to lack of 3' separation from seasonal saturation zones. This is virtually identical to the recent request for a building permit at 1860 Shoreline Drive, which prompted the City to develop a "Septic System Upgrade Agreement" to be executed by the property owner, requiring a 150% Letter of Credit for the cost of system upgrade. It is assumed that applicant will request a permit for the sunroom before a decision is made on City sewer. Council may wish to consider a number of options: 1. Require that applicant execute a "Septic System Upgrade Agreement" and provide a suitable Letter of Credit prior to issuance of a permit for the sunroom. This will also require that testing be done to confirm that a suitable site exists. 2. Allow the sunroom to be constructed without requiring such an agreement (this would seem to be inconsistent with the 1860 Shoreline situation, but perhaps is appropriate given the total neighborhood is in support of sewer "ASAP"). 3. Delay final action on the entire variance request until a decision whether sewer will be provided to this neighborhood has been finalized. Staff Recommendation Staff concurs with the Planning Commission recommendation for approval, subject to the garage wing addition not being constructed until sewer is available. Planning Commission did not discuss the "Septic System Upgrade Agreement" since that is a very recent administrative procedure that has been developed. It would be consistent for Council to require the Agreement/Letter of Credit before a permit can be issued for the sunroom (although the unanimous support for sewer in Bay Ridge may be a discerning factor), and it would be appropriate that the City not issue a permit for the garage wing until a "completion date" for municipal sewer availability has been established, which date should coincide with the date that the septic system will be taken out of commission. Request for Council Action continued Page 4 of 4 November 29, 1995 Zoning File #2084 Thomas R. McCune, 1473 Bay Ridge Road Further, applicant is advised that upon final approval of this variance application, permits must be issued within one year or a renewal application will be required. The Building Inspector has requested a condition that the new driveway be no closer than 5' to the north side lot line (this is per Code, but it was drawn closer on the proposed site plan). The attached resolution reflects approval of the variances; requirement of the "Septic System Upgrade Agreement"/Letter of Credit prior to sunroom permit issuance; and delays the issuance of a permit for garage wing until sewer becomes available. COUNCIL ACTION REQUESTED: Options for Action 1. Approve per staff recommendation, including requirement for Agreement/Letter of Credit. 2. Approve without Agreement/Letter of Credit requirement. 3. Table for further discussion. 4. Denial (specify reasons). 5. Other. PROPOSED MOTION: Moved by , seconded by , to adopt Resolution No. granting setback and hardcover variances for Thomas R. McCune at 1473 Bay Ridge Road. Vote: ayes, nays. lsv 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 NO. 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/bedroom/bath 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 1. This application was reviewed as Zoning File #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 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 fmdings 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 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 v 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. '. 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. r 3 1. 3. 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 Page 3 of 6 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", provides the required Letter of Credit, and provides septic testing and design information to confirm that the septic system can and 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 assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11 th day of December, 1995. ATTEST: Dorothy M. Hallin, City Clerk Property Owner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Edward J. Callahan, Jr., Mayor The foregoing instrument was acknowledged before me on this 11th 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. Notary Public Page 5 of 6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 (#9 - 92083 Bernice Zumbusch - Continued) Peterson said the decking needs to be redone. He noted the goal was to get a reduction in hardcover, especially in the 0-75' zone, but the City Engineer's recommendation would be required. Mabusth remarked that the plastic removal would result in a 5% reduction in the 0-75' setback area. There were no public comments. Smith moved, Berg seconded, to approve application #2083 for the replacement of the deck with the plastic as previously described be removed and by the City Engineer's inspection on the west side be removed in the 0-75' zone if recommended by the Engineer. Vote: Ayes 5, Nays 0. (#10) #2084 THOMAS R. MCCUNE, 1473 BAY RIDGE ROAD - VARIANCES - PUBLIC HEARING-10:27-10:32 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Gaffron reported that the property under review is located on Bay Ridge Road where 100' lot widths are typical. The lot is 115' as measured parallel to the lake. The property is located in the 2 acre zoning, but the average lot size in this neighborhood is 1 acre. This property is .84 acre. The proposal is for two additions requiring variances for the side setback and hardcover. The applicants plan to replace the existing deck with a sunroom. 30' is required for this side setback, and the existing deck and proposed sunroom are at 27'. Sunroom location is constrained by a window is located to the north. It is possible to narrow the sunroom to meet the side setback of 30'. The room addition and attached garage to the north side requires a 30' setback and is proposed at 10'. The existing house is at 14'. The existing driveway would be relocated. The existing garage and apron would be removed. The garage addition will be over the existing septic system; hence, this project must wait until sewer is brought to the neighborhood. Gaffron reported that the hardcover existing in the 75-250' zone would increase from 23.9% to 26.7% for a 1.7% variance where 25% is allowed. The hardcover in the 250- 500' zone is under the 30% allowable. The only hardcover existing in the 0-75' is a stairway located in the Co Rd 51 right-of-way. McCune said it was originally their thought to have a sunroom continuing along the south line of the house about 14' from the lot line, but it was slid to the north because of the setback. Because of the lake views and the way the houses in the area sit on the lots, McCune placed the sunroom where proposed. McCune said by placing the garage addition as proposed to the west, it minimizes the hardcover in the 75-250' zone. 22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON NOVEMBER 20, 1995 (#12 - #2084 Thomas McCune - Continued) Lindquist received confirmation to his question that the septic system is located under the proposed garage. McCune noted that all 8 homeowners in the area signed up for sewer which is hoped will occur next year. The plan is to wait to do the improvements until the sewer is completed. This is part of the whole plan. Hawn moved, Berg seconded, to approve Application 92084 with the reservation that the project not proceed with the garage construction until municipal sewer is available. There were no public comments. Vote: Ayes 5, Nays 0_ (#11) #2086 ROBERT AND JANICE CALLAN, 2915 SOMERSET LANE - CONDITIONAL USE PElil� lI 11 �'AIZ;A�: CE - PUBLIC � Al2ING - 10:32-10:59 P.M. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was present. Mabusth reported that the application was for a conditional use permit and variance to create a 6000 s.f. open water area. in a designated wetland of 1 acre size. The property would have over 2 acres of dry contiguous buildable land. Mabusth noted that the City has a conservation and flowage easement over the area. Mabusth reviewed the codes, specifically 10.55 where amendments would be needed, and 10.56 which lists the functional entities that all wetlands provide and should retain. Of the 6 functional qualities listed, Mabusth said there would be no impact on 45, regarding shoreline or bank stabilization, but had no information on #3, regarding fish and wildlife habitat. Mabusth said the issue is that the code discourages having any prohibition in code 10.55. Mabusth said the City Engineer and DNR had no problem with the proposal as long as certain standards were met. Replacement would be asked for base and bank levels (2.25 acres). The type 2 wetlands should be replaced for wildlife habitat. Mabusth said she saw a problem with other residents of the 7 residential lots in the area asking for the same type of pond. The application was being reviewed by the DNR and MCWD. Mark Gronberg said he checked with Kristen George, who is awaiting City's decision. George was said to have no problem with the excavation in the wetland. He noted that the Corp of Engineers still needed to approve the application. He also noted that the wetland has become larger after losing the farming in the area. 23 CITY OF ORONO ZONING FILE #2084 P.O. Box 66 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 ACTION 473-7357 DATE OF NOTICE: 11/28/95 ------------------------------------------------------------------------------------------------------------------- TO: Thomas R. McCune COPIES TO: 2150 Shevlin Drive Wayzata, MN 55391 -------------------------------------------------------------------------------------------------------------------- TYPE OF APPLICATION: Variances DATE OF MEETING: 11/20/95 VOTE: 5 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: Subject to not proceeding with garage/bedroom addition until municipal sewer is available. Applicant's next scheduled meeting is confirmed as: City Council Monday, December 11, 1995; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch /0. To: Chair Steve Peterson and Orono Planning Commission Members Ron Moorse, City Administrator From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: November 13, 1995 Subject: #2084 Thomas R. McCune, 1473 Bay Ridge Road - Variances - Public Hearing Zoning District: LR-IA, Single Family Lakeshore Residential, Two Acre Application: Request for side setback variances and 75-250' hardcover variance for construction of two additions to existing residence. List of Exhibits A - Application B - Letter of Request C - Plat Map D - Property Owners' List E - Adjacent Owner Acknowledgements/Letters of Support F - Site Plan G - Survey with Proposal/Hardcover Depiction H - Corrected Survey I - Proposed floor Plan J - llevations K - Photos L - Neighborhood Layout/Topography M - Hardcover Calculations N - Lot Coverage Calculations Pertinent Code Sections 1. Section 10.23, Subd. 6 (B): Side setback required = 30' for principal structure and attached additions. 2. Section 10.22, Subd. 2/10.56, Subd. 16 (L): 75-250' hardcover limited to 25% Pertinent Facts 1. Lot area (excluding County Road 15 right-of-way and Bay Ridge Road private right-of- way): 36,500 s.f. or 0.84 acre + Lot width: 100' (115' as measured parallel to lake) Zoning File #2084 November 13, 1995 Page 2 2. Side setbacks: ITEM EXISTING PROPOSED REQUIRED Existing detached garage 2.2' (to be removed) 10' Existing house (N. end) 14. F (no change) 30' Proposed Gar/BR Addition -- 10' 30' (N. side) Existing house, S. end 16.8' (no change) 30' Existing Deck/Proposed 27' 27' 30' Surroom (E. side) 3. Hardcover: EXISTING PROPOSED ALLOWED VARIANCE 0-75' 0% 0% 0% -- 75-250' 23.9% 26.7% 25% 1.7% 250-500' 19.4% 19.9% 30% -- Discussion Applicants recently purchased this residence and propose two specific additions: VARIANCE 20' 3' - Guest bedroom/bath with attached garage (existing detached garage to be removed). - Replace existing open deck with enclosed sunroom. This neighborhood was developed in the late 1950's/early 1960's, and the lots average 100' in width, ranging from one-half to one acre in area. The 30' required side setbacks of the two acre LR-lA zone result in most of the existing homes being non -conforming, since they were built typically with 10' side setbacks when the zoning allowed that to occur. The proposed attached garage/guest bedroom wing will at its closest point be 10' from the north side lot line where the existing house is slightly over 14' from the lot line. The addition is p�.-rpendicul ar to the house and therefore not parallel to the lot line, since all of the houses in this n, ighbo'J .)od are slightly angled to take advantage of lake views. Applicant correctly notes that a detached garage could be located as near as 10' to the side lot line, although that would not be in keeping with the neighborhood. This proposal will eliminate the last remaining detached garage in the neighborhood. Zoning File #2084 November 13, 1995 Page 3 The garage/bedroom addition will be done concurrently with interior remodeling of the bedroom end of the house. While the 26' x 43' addition could technically be relocated to meet the 30' side setback requirements, it would not be in keeping with the layout of the existing house. The 18' x 24' sunroom addition takes the place of an existing slightly larger deck on the lakeside of the house. This addition will not encroach past the average lakeshore setback line, is approximately 150' from the lakeshore, but is proposed to be located 27' from the south side lot line where a 30' setback would normally be required. A variance for the sunroom could be avoided by reducing its width from 24' to 21', or by sliding it northward, although this would encroach upon the pool patio area and an existing window opening. Hardcover Hardcov-,r in the 75-250' zone will increase from a conforming level of 23.9% to 26.7%, or approximately 350 s.f. over the limit. Although the degree of variance is minor, it is a direct result of the garage and bedroom addition, and is the typical increase in 75-250' hardcover that we see when converting from detached to attached garages on lakeshore lots. However, in this case the increase is minimized due to the angle of the 250' setback line, with the addition requiring the least amount of driveway in the 75-250' zone to serve it. The removal of the detached garage is a positive improvement to the property, and it can be argued that the addition is certainly in keeping with the surrounding neighborhood. Dependent on Sewer Applicant correctly notes that this neighborhood has requested municipal sewer, and is one of ten areas the City will be requesting for inclusion within the MUSA this winter. It is feasible that sewers could be constructed on Bay Ridge in 1996, although that decision has not been made by 'he City Council. Therefore, any approval recommendation by the Planning Commission must be conditioned on sewer becoming a reality, since, as applicant notes, the existing septic tanks and drainfield are directly under the proposed garage and new driveway. Issues for Discussion 1. Can the sunroom be relocated or decreased in size to eliminate the 3' side setback variance? 2. Is the proposed garage/guest bedroom addition in the most appropriate location given the constraints of the existing house layout, orientation, and lot width? Zoning File #2084 November 13, 1995 Page 4 3. Will granting of the variances have a negative or positive impact on the neighborhood? 4. Is Planning Commission comfortable in granting approval subject to installation of municipal sewer in the future, which is potentially likely but not yet a certainty? Staff Recommendation Please review the applicant's letter of request, Exhibit B. If Planning Commission concludes that the side setback variances and hardcover variance can be supported by adequate justifications and findings of hardship, those findings should be included in any recommendation for approval. Options for Action 1. Recommend approval as presented, specifying justifications and findings of hardship, and conditioned on municipal sewer installation. 2. Recommend partial approval (specify). 3. Recommend denial, stating reasons for denial. 4. Table for further information. 5. Other., lsv ���,. ell-� v CITY OF ORONO - VARIANCE APPLICATION �0,64 r ,� .-y Initial Application Fee $200.00 � j r - Z ($50.00 per each additional variance) Renewal Variance Fee $100.00 `==� (no change from original application) Variance for non -conforming structures $200.00:_ _. After -the -Fact Fees (Double application fee) PROPERTY INFORMATION_ =_ : ; _ _ - Site Address 1-/73 BAY %q 106 E JzaAy Property Identification Number (P.I.D.) /d - / I -7 - Z 3 - 3 5' - ooa SS'= �`'`= `` - -'_- _ -- Attach legal description to application if not included on required survey. C01,/ 5ui2V6--Y) Date Property Acquired 5 6 a T"EM 36R- / 9 9 5- (month/year) I (do) do not also own the adjacent parcels of land. Present use of property: * residential other (specify) Zoning District: L 1Z - J A APPLICANT Phone (home) y 7 3- 3 a y S Name 7-,Al a M A .5 - M `cyiYE Phone(work) d "i - S-a coo Address: a 1 So SNc-vLtN D P-kVE City: c0 R-0 AJ o Zip: ss3 y / OWNER (if different than applicant) Name 3 ,-- nyi c Address: City: Phone(home) Phone (work)_ DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: (2) 5 u A/ R oy m S 1 D E 5 ,�T-T g Ac k VA-k �/� cHFD Gf1-R-/1GE SIDE 5ET RACK 1IA-F-I �IW-E o FGf1-R-f1GE SIDE 5ET RACK 1IA-F-I �iW-E D F (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback: Front -)�- Side Other (specify) 566 A30yc` O ' Zip: SDrOa0 OF 2 7 ' 75- aSo H.4--rz r� cv vE� Y�9 r2� t�DE or �G,7v�v /N L/Ec> C)F x S C-7o Hardcover Lot Coverage Rear Average Lakeshore /1-ejo 5,c--PA-p-An5 lC-TrE4 -X�eZaVFD Re-A-5/AJ, HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: SSE T F L F 7rt=72— Z=-;JCL 0 S &:-0 /-'�2-6zl Ili (attach additional sheets if necessary) 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. ✓ Completed Application Form 2. ✓ Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. ✓ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 81/2" x 11" for reproduction. '1 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 81/2" x 11" for reproduction. 5. v Sketches or plans of floor & elevation views (provide one (1) copy 81/2" x 11"). 6. ✓ 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). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. 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 consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature Date 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 to advise the Building & Zoning Office of this change prior to the meeting. 0 P October 16, 1995 Nis. Jeanne Mabusth Building & Zoning Administrator City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, ININ 55323 Dear Ms. Mabusth: My wife and I recently purchased the home and property at 1473 Bay Ridge Road. We have lived in Webber Hills in Orono for 23 years and all of our children have gone through Orono schools. The Bay Ridge home is the smallest of the eight homes in the neighborhood and is the only home with a detached garage. Originally, many of the homes had detached garages. We respectfully request minor variances in side setbacks and in hardcover to accommodate additions to the home. The side setbacks for our proposed additions are generously consistent with the side setbacks of our immediate neighbors for their homes to the corresponding property lines. Please find enclosed signed approvals from these two adjacent neighbors for the proposed side setbacks and the specific proposed work. This request is consistent with the additions and setbacks on all of the other properties in the neighborhood and would probably still result in this still being the smallest home in the area. Our proposed expansion to the east (lakeside) will be well behind the line connecting the points, closest to the lake, of the two adjacent properties as noted on the survey. The requested variances are: 1. East sun room addition Side setback of 27 feet measured perpendicularly from the nearest corner of the sun room addition to the south property line. 2. West attached garage/guest bedroom addition Side setback of 10 feet measured perpendicularly from the nearest corner of the garage to the north property line. 3. Hardcover Hardcover variance in the "75-200 foot zone" from 25.0% to 26.7%. If the actual water area of the pool is deleted from the calculation, since there is obviously no runoff from this area, the proposed percentage reduces to 22.8% and therefore no variance would be needed. Ms. Jeanne Mabusth, City of Orono y Page 2 As noted by Orono building officials, side setbacks of 30 feet (2-acre category) are fairly unrealistic for 100-foot-wide lots. A hardship is created by the configuration of the lot in that it is quite long (± 500 .feet) and narrow (100 feet) and all of the homes are oriented on a bias to the side property lines to generally parallel the lakeshore. Almost every home in this neighborhood has expanded over the years and are much closer to the side property lines than the current 30 foot restriction. We are extremely desirous of an attached garage due to: 1. Security reasons, especially for situations when a person comes home alone at night. 2. Extreme inconvenience during Minnesota winters with a detached garage which is a significant distant from the residence. 3. The existing garage is too small and was damaged by a tornado at one time and is in need of repair. The bedroom/garage addition is proposed on the northwest end of the home as opposed to the southwest to minimize hardcover in the "75-200 foot zone." This happens to be where the existing drain field is located. Since the Bay Ridge neighborhood has voted unanimously to petition for city sewer, I'm assuming municipal sewer will occur in the relative near future and we will wait for this building addition until sewer is in place, which will hopefully be before the end of 1996. The existing garage and driveway will be removed. The existing garage is just two feet from the south property line! The garage/bedroom addition will be shielded from the Johnson property to the north by large, existing pine trees. The neighbor to the south (Kerber) will be delighted to have the detached garage removed, which is very close to his property. As I understand the regulations, I could build a double or triple detached garage structure with a 10 foot side setback. This would clearly be more objectionable to all my neighbors than my proposed plan. The additions will be no higher than the existing structure and will be tastefully designed, utilizing the same materials, i.e. brick on the bedroom/garage addition. The sun room will be constructed utilizing insulated glass units possessing a high insulating value. It is our plan to take the bedroom area of the existing home, which consists of three very small bedrooms and two small bathrooms, and make this into a single master suite and master bath. With the addition of the guest bedroom and bath, this will result in the home having two bedrooms and two bathrooms (as opposed to three bedrooms and two bathrooms now), with the possibility of adding a third bathroom in the basement. Ms. Jeanne Mabusth, City of Orono �;: `<4 Page 3> To assist with your evaluation and approval of this request, please find enclosed: I. A survey from Egan, Field and Nowak, dated September 13, 1995, showing the property address, legal description, location of all improvements, easements, Lake Minnetonka high water mark, and locations of adjacent property structures. Permanent iron markers are in place as noted. 2. Site plans showing proposed additions and setbacks. 3. Existing and proposed hardcover calculations and corresponding site plan with reference locations for the calculations. 4. Enlarged floor plan drawing of proposed additions. More detailed drawings will be prepared for building permit purposes. 5. Exterior elevation drawings of proposed additions. 6. A check in the amount of $200 for the variance application fee. 7. Completed Variance Application form. 8. Adjacent Property Owners Acknowledgment Form and an additional form from adjacent neighbors giving formal approval and consent to the proposed plans. 9. Data Privacy Advisory form. 10. Lot Coverage calculations for both existing and proposed conditions. 11. A certified property owners list, labels and a plat plan from Hennepin County identifying property owners within 150 feet of our property. 12. Neighborhood plat generally depicting contours and other homes, created by aerial photography. 13. Photos of the property. 14. Plat drawing of neighborhood (Registered Land Survey No. 192) I would be pleased to furnish any additional information or meet with you to discuss details of this request. Sincerer � C' /'/" Thomas R. McCune Current address: 2150 Shevlin Drive Wayzata, MN 55391 Phone: (h) 473-3245 (o) 287-5200 N � 33 � _ N Of to •-07--Z3-33 - i- 1- -- ---- o.: J Q �-7 -Z3 --34 s • I 1gp � lid !! ' 747•K, �It?J �- _//9 ,p44,1N o w 4 Wm r A� /p4 \p4-48 ��I`\ BAY v w 4. 83 ,, 4a 8 n, ' �p,r. _ ^' /04 :� q8 RJD of G 33 in v' ti n 4�. 4r 1pa , Rp� !� e -"04 pq /I�'GT ti 218 n a^' ^•� s 24 cn z YYY ��Y (,�\�•• `104 q8 a \ -o ^' \ �i n I ,rn N1.53'2TE •48 v lJ i `lp4.48 c' N 11l z 84.T3 109.6 `!' nt/11 JS �rf�J 5,5 a \ o w t uUn� 10 a 4.4,9 a v -00 , � W )p4. 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U Q I- 0. aOaa HF-ZJ 4 Lu IL z w lu Y H Vl u.1 C LU S }} LU ix 1-:5 w = O O { Adjacent Property Owners' Acknowledgement Form I (we) of Mpt t name(s)] [print ddre M i CH AEL 3bH14S0nl have reviewed the pla the proposed improvement or proposed use of the property located at 1,6173 /3AY 94D(�F also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (eve) 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 018 Dat Date I (we) _ u,� 13 of 6�E? 9--13A5( Q6,f gofb [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at /y 73 r3/iyRW6C Palso 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. Vperty9O5wner 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. W P a City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Variance Application 1473 Bay Ridge Road I have reviewed the proposed plans, dated October 15, 1995, and variance request for the McCune property at 1473 Bay Ridge Road. The garage/bedroom addition is immediately adjacent to our property. The proposed addition and setbacks are consistent with other home additions and setbacks in the neighborhood and I hereby give my approval to the variance request. Name:_ �{Yi, ► c-ti► A 0 O Y-) Signed: h4ax -- Address:1 Lo Date: 1dlll� (.5 City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Re: Variance Application 1473 Bay Ridge Road I am an immediate adjacent property owner to Thomas R. McCune at 1473 Bay Ridge Road. I have reviewed the proposed additions and associated setbacks and hereby give my approval to the proposed variance request. We, and I'm sure the other neighbors, would be very pleased to see the last detached garage in the neighborhood removed. ' O C Address: S" a J4 / F-[ bG € P-OA-D Date: L 1-1 / / yg' All a 5� i 32r i Z 8.69 ;4 0.N CAD N 42.14 , RIZIAIVCG EAST ,n 430.14 x 1 �FEAICC i ' v i �o�<v 26 82 i0 , 10 (ry41)o� 1 I t2 48 �� 2 C? 3. E� p 0 . to F EX i5 r►ro N -CORNER OF CONCn ETE IS 1 FT.± FROM LAKE SHORE 26.80 1 22.20 11 0 � _ E W A Y ARAGE S 'rl; CV,r; lB� NEw ------ "SET IRON, �� r ---SET IRONS--_ , , ,,, Esc--Z7 VA-iZjhgLE Ar0v657- p, 403.43 C WEST � 29.24 � - 20� )ALk n o / N 1, `N ' ,--CORNER OF/K47-2/ FT.± FROM OZ 4.91 U L. J 0 J r J �Q i w � 3 � -7 S _ 2 So H A P- D co rvFp a 4A TOM McCUNE ., NOTES: S I PL" 473 Bay Ridge Road, Orono, Minnesota. 1. The orientation of this bE Renistered I-nnd Survev N r z 14 q� 2576-12 91. / AI f- D� af� R 2 r v l I .C!------- '/ 2. AA 8 L A C K T 0 P D R I V INA Y 270.13 /---- a � ___J2.�f�[SCzYE Ex�51r1NG DRIVEWAY, C? 1 �Q,r 2 / �ETrGtiED GP.RRGG� PrND S ID1N Lk Now EAST 430.14 m —SET IRONS__- 403.43 WEST 29.24 W 3 0 f 15 CT V*XN_JN& LINT:::::,.:-.--- —.._ z JI FT.i FROM LONKE SHO�E•7 O 4.1 ' W�nl, (,y q 2682 ,, ,o z i n I' as / /QQo 20 �'2�Q'�op c, , ' f7' x 7tFeavvT ; r4D�� FT.fNFROM LCC SH�2IS 122.1 �. 6.80 z� a=�6J , 1 T IRON, �m L / f i' ,---- � �7 lfitif:lM4LQ- RTQ�185T----/62`1'1+ -- / .: � AV- - .t FROM LAKESII TORE s / / i I 7526104HA'9�DC6VER. 70Nfr•= e0•81 X loot - 20300 "F NORTH SURVEY FOR: 1 M rr moy— PROPERTY ADDRESS: 1 73 Bay Ridge Road, Orono, Minnesota. LEGAL DESCRIPTION: ( s contained in Certlflcate of Title No. 74093) Tracts. E and N Registered Land Survey No. 192, Files of Titles, County of Hennepin. Together with an easement for driveway purposes over Tracts in Registered Land Survey No. 192 as shown J. K, L. M. In deed 0, P. 0 and R, Doc. No, 569269, all Files of Registrar of Titles; Subject to an aeement for driveway purposes over sadl Tract as shown in deed Doc. N . 569269. Files of Registrar of Titles; Subject to a public easement in the Highway known as County oad No. 7 as to Tract E; Subject to the low water mark portion of said land between the high water mrir of Lake Minnetonka to the public right, includin and the the right of the State of Minnesota to use or reclaim "sold portion for ani, public purposes now authorized by Iqw; (as to Tract E) SCALE I hereby certify that th s is. a true and correct repre?entation of a survey of the boundaries of the land above described and of the location of all builds gs, If any, thereon, and all visible encroachments, if any, from or on sold land. Dated this 13th day of September, 1905. bv- ck Balk. I Mirrnesoto License o. 20281 NOTES: 1. The orientation of this bearing system is based on the westerly line of .- Registered Land Survey No. 192 which is assumed to have a bearing of North 16 degrees 50 minutes 00 seconds. 2. This survey does not purport to show ail improvements to the property. 7 3. No title work was furnished for the preparation of this survey to verify l� the existence of any easements or encumbrances. 4. Area of the property described hereon Is 49,529 square feet or 1.14 acres. 5. Area of the 250 feett.setbock line to lake shore is 28.678 square feet or - 0.66 acres. - HARDCOVER CALC vLATI©N RFFAF91NCE SMFFr Wl � E®A[V, MELD $t �J®�MA1! IN�+� 7415 WAZYATA BOULEVARD �Pos �c MINNEAPOLIS, MINN. 55426 SURVEYORS (612) 546-6837 23181R ti z o� ABOVE GROUND DECK NORTH SURVEY FOR: TOM McCUNE PROPERTY ADDRESS: 1473 Bay Ridge Road, Orono, Minnesota. LEGAL DESCRIPTION: (As contained in Certificate of Title No. 74093) Tracts E and N, Registered Land Survey No. 192, Files of Titles, County of Hennepin. Together with an easement for driveway purposes over Tracts J, K, L, M, 0, P, Q and R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Sub�'ect to an easement for driveway purposes over sadi 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 Minnetonka 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) SCALE I hereby certify that this is a true and correct representation of a survey of the 30, boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. tC Dated this 13th day of September, 1995. 7 I Revised this 24th day of October, 1995. b y. Ila Jack Bolke Minnesota License No. 20281 �16 , % 60.00 O ;F�/ 1--ter 4V NOTES: 1. The orientation of this Registered Land Survey No. ri192ng swtem is based nheeline o which is assumedwesterly North 16 degrees 50 minutes 00 seconds. 2. This survey does not purport to show all improvements to the property. 3. Complete title work was furnished for the preparation of this survey to verify the existence of any easements or encumbrances. 4. Area of the property described hereon is 49,529 square feet or 1.14 acres. 5 shoreoist a rop78 squore feetd between not es.250 foot± setback line to lake E(3AN, FIELD & NOWAK, INC. MINNEAPO IS, MINK 55426 SURVEYORS (612) 546-6837 2576-12 A * O I. 17" 0-0. POP M I 5. VIM Ac-PPM Pely- Wool -Izli sp( of, TIZ s 3,3 Z(41,v 661oll ELEVATION EtEVA77OPS -.7Y71 8A)7-FID66- RdAV ma _ G rho OD E,11 $06, 41 o --� -- Vff _.._ �1l S r!EVkvOAN /Y1 C'CVAVE - /y-73 0AY 12t1)6E j7,0/40 /o/"Z/�s- HAIMCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 7S-2S0' 250-500' E,'USTLN'G HARDCOVER IN ZONE D A. House (05, z 2 % Length Width z z z / B. Garaa-e Z Z x ( Pftl� IA L) � y x z � y P/-1-- C. Driveway jm7,`'r/1 z =�-7 S' D. Sidewalk (; Z x 3 x E. Patio/Deck- z 7 Zf x 13 /8XZy = 132 + 17Y4/.5— 77 F. Landseape 31 x S 7/ P0O—i�adka x z D �c. 38 0 0 G. Other P004 03 x CT SrFC-b TOTAL HARDCOVER IN ZONE - TOTAL PROPEP,,TYAREA IN ZONE - A 1® — B —¢ 360 x 10O Cal P�r� _8 yG 2 0,366 X l ao PROPOSEb HARDCOVER I'i 1 ZONE A. House to S x a 7 Length Width SUN RoQM t% x x NEW B,R,b3A-7.4 Z (o,S z 13 B. Garage 3 0•3 x / C. Driveway / 8 x x 2- 4 c 5 / 6 X �/ Z D. Sidewalk 3 x 3 x E. Patio/Deck Z• x % f� c� ( D F[RE"60 8 x S F. � z S Poo& x G. Others �°� 3 x S � TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE - A(, Z 5� — B 100 A sy2 s: Zo,,3o® X fap 1� POOL Scl 2Fr�CN �/nX Zo = 8av SF M-- 900-1000, l 7.5r S.F. = S.F. = S.F. = S.F. ". S.F. - / ry s,F = p S.F. _? S.F. S.F. = S.F. _ S.F. = z 73 S.F. = 1195 S.F. _ /Z(. S.F. Ln = 3 0 S.F� _ a = 50 S.F. Oy6 S.F. A ao, 300 S.F. B % W i7Hou r RN ©/o w, rH Foot- _ S.F. = y 3 Z S.F. = S.F. _ it y S.F. = Q 0.3 S.F. S.F. = S.F. S.F. = S.F. a y S.F. = S.F. _ / 575 S.F. _Ala6 S.F. =30Y S.F. o Sr = So S.F. Z/G a S S.F. A. a ©, 3 ,0d S.F. B = 2 Z, 6 % WITTMOU'T POO 2 6. 7 �/o WITH Pool- OtS7-7tjtj fe�orv,LAZ, 147T 6,A-,P— C06"tC— 'D e-t u vit<i Af 0 Lot Coverage Calculations Address: 1473 Bay Ridge Road Total Property Area: 49,529 SF Home Sun Room Guest Bedroom Garage ZD Pool Shed Pool Pool Deck Area Totals Lot Coverage (Governing, Restriction = 15%) C� &Xclt , a(� S = --I- 2� I ZD 0 Z r Existing Proposed Lot Lot Coverage Coverage 1,755 1,755 432 344 MIEI�Mffx 50 50 800 800 925 925 4,014 5,109 8.1% 10.32% 15; 1 C> e, 3 (IS-Dio - )q,o a 29-71--n77 r,Fl- 07 1 :ZF 01 1 Mf-4M F. I 7.3 — A -iT "113 y 6w)'S, L-/. Z- - AL Al 7 "1, Z11-11 7- 75 n4 tJC- dr 7�7 4- ...... .... - -- ---- CITY OF ORONO Box b0 continued use of a portable liquid natural gas,{ vaporizer at the property located at 530 Obit 2760. Kelley Parkway , P.O. Crystal Bay, MN 55323 Crystal Bay Road North. Phone, (812)473-7357 Fax 473-0510 5_ #2089 Richard Miller has applied for a lot NOTICE area and lot width variance for an. - undeveloped property located aV 4520 The Planning Commission will hold the Watertown Road that would, permit construction of a single family residence. ;9 following ,public hearings in: -the Council Chambers' at 2780 Kelley ,Parkway on 6. #2091 Burton Scott Ball, the owner of ,Monday, November 20,E 1995, the meeting commences at 7:00 p.m., on the matter of 1065 Ferndale Road West, has applied for a reviewing the following land use applications: lakeshore setback, average iakeshore setback and hardcover variance within the 0- 1 #2083 Bernice M. Zumlwsch, the owner of 75' setback area for the installation of two bay window areas to be installed at the lakeside of, 1535 Long Lake Boulevard, has applied for to the the existing residence. r„+.. . hardcover variances permit reconstruction of an .existing deck at the 7 #2093 The Tony Elden Company has lakeside of the existing residence_ applied for a conditional use permit for the 2 02084 Thomas R. McCune, the owner of property located at 2670 Countryside Drive West for land alterations not authorized 1473 Bay Ridge Road, has applied for side setback and hardcover variances within the under a building permit issued for the new 75-250' setback area to permit construction residential construction. o1 a sunroom addition to the lakeside of the All person s wishing to be heard will appear at existing residence and a garage addition to this meeting. Written comments are solicited: the street side. Plans are available in the.. City 0140li. tor„ 3. #2086 Robert and Janice Callan applied, review, by appointment. :+ for a conditional use permit and variance that would permit the excavation of an open water: city Oro=rn - _ B tY oof f Orono g Commissi y Planning area or pond within a designated wetland where the ordinances of the City would permit Jeanne A. Mabusth, no alteration of the wetland. Building & Zoning 4. #2087 Minnegasco, a division of Noram Administrator Energy Corporation, has applied for a renewal conditional use permit for the (Published in The Laker & Pioneer, Nov. 8, 1995) 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 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed i which is attached was cut from the columns of said newspaper, and wad printed and published once each week for 17 successive weeks: It was first published Monday, the day of i' 1 97 and was thereafter printed and published every Monday, to and including Monday, the day of 19 ; Authorized Agent Subscribed and sworn to me on this �C p —.1 day of , 19 1 KRISTi HOLAii NC`.ARY PUBLIC -MROIN TA MY COMM. ExPIR S 114111114111111111111 (1) Lowest classified rate paid by commercial users for comparable space: $11.72 per inch. (2) Maximum rate allowed by law for above matter: $11.72. (3) Rate actually charged for above matter: $6.80 per inch. Each additional successive week: $4.90. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Thomas R. McCune 2150 Shevlin Drive Wayzata, MN 55391 APPLICATION NO. #2084 NOTICE OF COUNCIL ACTION Date of Notice: December 18, 1995 TYPE OF APPLICATION: Variances ---------------------------------------------------------------------------------------------------------------------- DATE OF MEETING: 12/11/95 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: To approve per the findings and conditions of the attached resolution (Conditions 1, 3, 4 have been revised per Council direction). 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 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 December 11, 1996. 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. lsv 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 NO. 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/bedroom/bath 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 42084. 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 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 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.f. 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 3. 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 assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the llth day of December, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 1 l 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. Notary Public Page 5 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 -� 5 "2 �1ClST�IUC' 302- '/r,660rlf�Y%, LY ZONE �a AfPre-UUe . Q HARDCOVER E�ISTLYG HA A. House 65 x Z % _ _ -- L..ph wd a _ riF-� COV C9Q % x z n l-`.`------ OB. Gange ZZ z z /i (MAT,A0 I x x V _ C. Driveway o x — . D. Sidewalk G 2 x ® E. Patio/Deck /Z x % = 10 Zi x /3 y32 -I- /7)t 5/•5=77 Leadseeps 7/ x ro = = :0w�4lU DEC- GIs —§ x X! z - ✓ G. other 5� D B. 3 � 1-� 71. � —' 3 — j— S - 1 , 33 b s ate- Zi + 8 TOTAL HARDCOVER IN ZONE - TOTAL PROPE TY AREA IN ZONE - A 6 — B Z g 3,ao x 100 Ap°°t�0ro`r ----_ - , z o3c� � x /oo CC `4kESIH0 . CITY ®f ORONO Municipal Offim Posy otam Box 66 crystal Bay, Nunnesota 5323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. ?. "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. You may refuse to supply data, but refusal may require that the City deny the permit or license. 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. �. You have certain rights under 1NI.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. //OAA First 2 1 So Address Up�1. City Po13C-9T /M C--CvN45 Middle Last DRl V4!5 y� j W A/jrSvTA S'Y3g/ I understand my rights as stated above. State Gip Signature � y-7 3 8,4y p-j Ds46r ,-04 4D TELEMONE — 411G n57 • EkX - 473-0510 (y) y73 324130 w) a J37 szdO Phone CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2084 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of November, 1995. Jamie B9s a CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold the following public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, November 20, 1995, the meeting commences at 7.00 p.m., on the matter of reviewing the following land use applications: 1. #2083 Bernice M. Zumbusch, the owner of 1535 Long Lake Boulevard, has applied for hardcover variances to permit the reconstruction of an existing deck at the lakeside of the existing residence. 2. #2084 Thomas R. McCune, the owner of 1473 Bay Ridge Road, has applied for side setback and hardcover variances within the 75-250' setback area to permit construction of a sunroom addition to the lakeside of the existing residence and a garage addition to the street side. 3. #2086 Robert and Janice Callan applied for a conditional use permit and variance that would permit the excavation of an open water area or pond within a designated wetland where the ordinances of the City would permit no alteration of the wetland. 4. #2087 Minnegasco, a division of Noram Energy Corporation, has applied for a renewal conditional use permit for the continued use of a portable liquid natural gas vaporizer at the property located at 530 Old Crystal Bay Road North. 5. #2089 Richard Miller has applied for a lot area and lot width variance for an undeveloped property located at 4520 Watertown Road that would permit construction of a single family residence. 6. #2091 Burton Scott Ball, the owner of 1065 Ferndale Road West, has applied for a lakeshore setback, average lakeshore setback and hardcover variance within the 0-75' setback area for the installation of two bay window areas to be installed at the lakeside of the existing residence. 7. #2093 The Tony Eiden Company has applied for a conditional use permit for the property located at 2670 Countryside Drive West for land alterations not authorized under a building permit issued for the new residential construction. 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 By: Planning Commission Jeanie A. Mabusth, Building & Zoning Administrator To be published the week of November 6, 1995. 6 £ OL i.: x ripp y !J A aL V L)k �? W C.� 1 `A anj = vi X`�7"s� I b A =aL. 1