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HomeMy WebLinkAboutProject Packetgo LAND USE PLANNING ZONING VARIANCE: APPLICATION CITY OF ORONO P.O. Bn■ bh, crystal Bay. Minnesota i)12) 4)1-1147 EXHI+BBIT t� • IISTRUCTIOMS. Please first read the attached lnferaatton Sheet. Complete :tam, 1 - if (Type or Print). If needed, attach letter o, other, information to better describe your request. Incomplete applications will not be sccrpted. 1 . PROPERTY ADDRESS(-- LeRal descriptirm shall be shown on attached Survey. L.hibit 7 1 2. APPLICANT y1 _ . Phone 7 9 S r Matltnf Address L' •�; s!)�t%w, „ } r __t '._:_`.. _. If Appl'^ant 1s not owner. explain 3. OWNER tlaae itJ `-- >`._.-._.�..►'.�.._�._. _ I'hone_L1L__L •y ��`�1�L1.LaL Mai Itnit Adare Aa Date Property Acc'uired 1� 'I (Monrh�Year) I (do) (do not) also own odier adjazent parcels of Ian(' 4. AGENT r Y Firm Phone Meiling Address 5. NOTICES Sho,,ld be stet to Applicant Owner v Agent 6. PRESENT WNING USE DISTRICT j e,- l , 3L, 7. W PRESENT USE Reaidettte: (mher) - LIST OY EXHIBITS Dest:ription Initial Apo 1•stio must include: Application Form Property Owners List .'or-Mcote of Survey Mee Receipt. W to deceived l�4, _ !plat p I' tmento b ',taft emmments thrr lnf ;rm#t1qn 8 9 to IL YaCa1C Und —�_ Vacant tlu!ldlnyt(s) Occupied building(s) CITY OF ORONO DF.SCR I BI, REQUEST ESTIMATED CONSTRUCTION COST Cx _00 — establish now use _ continue or expand existing we _ Wild pew — add on — rerMl _ rpltsa� Describe request in detail: r t - Get 9 S. NOTICES Should be sent to- Applicant —Id Omer Agent 6. PRESEyr 'ZONING (ISE DISTRICT C1 P:- T ,,aL ul —_ 1 _ 6 S 7. PRESENT USE Nesidettial (Other) _ _ I Vacei r LAnd Vacant Building(s) ^_._ O,',upI„t Building(s) CITY OF ORONO 8. DFSCRIBi: RLQUEST ESTIMATED CONSTRUCTION COST $ . .,Or` _ establish new use _ continue r expand extatind use A build new _ add on _ roasdel _ replace Describe request in detail : !. r.� _ _ `' CT" p�•o�T 74 b4. Sl-e I ,- r-& -- 9. VARIANCE(S) REQUIRED to do the requested Work Lot Area la,t Width Hardcover _x Setback ( AV Front _ Side t _ Near) Other — 10. Describe UN(!SUAL PROPERTY CONDITIONS preventing compliance with 1.xting tilde requlr~nts ,1 /14,.!------ 11. 12. Describe UNDUEHARDSHIP or PRACTICAL. DIFFICULTY Teewitw grow stri t attteeeament of .riot regulation• LI _L(7 1f &j rt C� 1 /� ! �p._ ' �.� �� �� % /�/�c s( rL1tl <J��JflCtA�h.% e '11FA`lt Des,• llw FFFECT OF PROPOSED WORK on neighboring properties ear on the neighbcrtwod in general I .°(_ 1 , _ t = % i'. �rL'. t G L F The APPl.lt;,"NT and the PROPERTY OWNER ;Oust sign and date this application. The APIIACAW1 hvrgby agrees to ptmride all lnforsmatton The CWWtN hereby ocknowle dgea sud serves to this application required or requested by the Zoning Administrator, serve* and turthe, a+thorizes rosseasable entry t-ttto the property to par all fees and!ot unusual expenses Incurred in review by City staff, cmaultentts, agents, commisston wrsbers, "t thts epplicati.•n, and certifies that the inturatatir•n and C.,uncil members for purposes of tnvestigatt n and auppitr-t is tits* sud correct to the boor of his kruwrledgr vetitication of this trquest sJ • ( t Applicant's Sipi.iture Datc OWner's 5ign:itur.• Uatc f 1 i'ST MMDAY or THL MUNTH BEFUM PL ANN111r, C0t1;11S51Ut, MT(J PROPERTY OWNERS_ LIST E; DEPT OF PROPERTY TAXATION A-603 GOVERNMEN' CENTER MINNE &POLIS, MM 35487 LIST SIZ9_/2&)it_ FEE OWNER 1 CERTIFY THAT THE FACTS REPRESENTED ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- Sf_NTATIOH OF INFORMATION AS IT APPEARS TH'S DATE ON THE RECORDS Of THE HENNEPIN COUNTY FINANCE DIVISION, TO THE •EST OF MY KNOWLEDGE AND BELIEF HENNEPIN CO DEPT Of PROPERTY TAXATIOJ►J., TAX PAYER / MAILING ADDRESS DATE _G.' Z B PROPERTY ADDRESS ID 7 - L_3 /o �k 2 4 - __TicZ._,1"1 ,44- , �/ld � 5f'i�VOLE�: A��/GIIE4'6v� NM/ Y910y, /.;/ r A A 7 Ar--;a ✓r. YW -21 f � epzwgv 14 c" PIE' 6 -CITY Of ORONO o 21) ir 14 k . 12 ;� rn 3 •r sr�7 y � }. i� �. o ECE�y� • S Me SEC. 8 , T. //7, R• 23AM T D �,. .., 42 4 U ♦ ,J D •, .a a „ b L A Irf ` t , •` o M/NNE TO vl s (NI3Q�4 TN RM) i �'r Z NlrA CD , =� CD(M.4XWEuj ' s•Y' _ Sol A N NE .,` • •� '01A 0AY YSTAL, Cetwrr sow n n • i EX'i" d i r IL HI, 4 �— �Aoti � �r � . •n.. � n a A�rr.� ..r �' � �� .�-�""� .. � ♦.►w ...w �. _ � .. 4 r E,r�t F _ !. _. _ �� � -t �� i'� I o � •� '..�' r�. y �.._ .. __. ... ---s . [ EXHIBIT EXHI'��i _ _Apr i1�24 __, 19 79_ Vt-:RN0N T. HO UPS FINANCE DI V L S I CIN DI R EC i (R 110 COURIHOLISE M I NNEAPOLT S, M I t=N w."AfrA 55415 T)::AR SIR; I Hr2GBY MARE EJ)Llw.ST FIR A OXP4)!^,W1t, CQ- 31 Nr'D) ASS£tiSMENr ON THL FOLUMI K DESCRIBED LAND: District 38 - Baldur Park, s 8, 17 and 18, Block 2 _Froperty I.D. # 08-117-23 34 0011, 08-117-23 34 0026 and 08-117-23 34 0027 Tl VILLAGE (M DISTRICT 38 - Orono - C-- I G T UR E OF Fit N6t Ni E F T P Y UK M 1980 TAX YEAP V v /A lei) TAX PAYM I S ADDRESS V. i y. ; a t a, MN C(VBINcD CURRENT VALUES H OR x it IMP ` MAL FULL T(YrAL LAND BUI I.I)I NC Fl11CNI N6 AND 'IR UZ ASSESSAM TO: Planning Commission FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 12, 1983 SUBJECT: #695 Guenther Roth, 1428 Baldur Park Road - Variance Zoning District - LR-lC Revised Application - Two Stall Garage (22' x 24'), single story, 10' off street right of way, as requested by Planning Commission doors face street in order to reduc_ hardcover. a) Street Setback Required = 30' Proposed = 10' Variance = 20' or 67'} b) Lakeshore Setback_ Required = 75' Existing = 24' Proposed = 25' Variance = 50' or 75% c) Hardcover 1) 0-75' setback lots 17 6 18 - dry area = 6,900 sf Allowed = 0 Existinq = 620 sf or 9% (garage + drive) Proposed = 768 sf or 11% (garage + drivel Hardcover Increase = 148 sf or 2% 2) Total Area Lot 8 (residence lot) = 7,847 of 0-75' setback area = 3,750 sf Existing = 250 sf 75'-250' setback area = 4,097 sf Allowed = 1,024 sf Existing = 1,080 sf �) Total Hardcover Lots 8, 17 6 18 0-75' setback area = 10,650 sf Allowed = 0 Existing 810 sf or 8k Proposed = 1,018 of Increc, Hard jveL - 148 :>. ,i it LIST OF EXHIBITS Exhibit A - Application Exhibit 8 - Plat Map Exhibit C - Lot 8 Survey Exhibit D - Lots 17 & 18 Survey Exhibit E - Buitdinq Elevation Exhibit r - Foundation Exhibit G - Planninq Commission Minutes - July 19, 19821 Exhibit H - Notice To Applicant Exhibit I - Revised Plar #695 Guenther Roth 1428 Baldur Park Rd Variance Page 2 Review of Revised Plan The revised plan shows a two stall, single story garage (24' x 22') set 10' off the street right of way with doors facing the street. As requested by the Planning Commission there is no turnaround Provided on the site in order to keep the hardcover reduced. Review the enclosed Planning Commission minutes of July 19, 1982, and the notice mailed to applicant (Exhibits G & H) to assure the revised plAn meets the conditions of your recommendation. Staff Recommendation To approve lakeshore and street setback variances and a hardcover increase of 148 sf within the 0-75' setback areas of Lots 8, 17 and 18 based on the following findings and hardships: 1) No additional land available. 2) Depth of dry area within lots 17 and 18. 3) Setback of proposed garage consistent with setbacks of existing garages on Baldur Park Road. This approval is subject to the following conditions: 1) Owner must obtaic a demolition permit for removal of existing garage. 2) All roof drainage to be directed away from lake - towards Baldur Park Road. 3) Building Official will determine if soil borings are necessary for a floating slab. 4) Owner is placed on notice that the City will not approve future improvements to this property if they require variances. TO: Planning Commission FROM: Jeanne A. Mabusth DATE: July 14, 1982 SUBJECT: #695 Guenther Roth, 1428 Baldur Park Road - Variance Zoning District - LR-IC Application as proposed requires a lakeshore setback variance and hardcover variance within 0-75' setback area for proposed garage + work shop a) Hardcover 1 - Total area Lot 8 (residence lot) = 7847 sf 0-75' area = 3750 sf existing hardcover 250 sf 75'-250' area = 4097 sf allowed 1024 sf existing 1080 sf 2 - Total area of platted lots 17 & 18 = 31,250 sf Wetlands/Marsh area = 24,064 sf 0-75' area = 7,186 sf allowed = 0 sf existing = 668 sf or 9% proposed = 2,540 sf or 35% additional = 1,872 sf or 26% increase in hardcover Total Hardcover Lots 8, 17 & 18 Total Area 0-75' = 10,916 sf Allowed = 0 sf ExistinH = 918 sf or 8% Proposedz = 2,790 sf or 26% Total Proposed Addnl.= 1,872 sf or 18% b) Lakeshore Setback required = 75' existing = 24' variance 51' or 68% structure= 22' variance 53' )r 71% (proposed structure) turnaround= 5' variance 70' or 93% (proposed turnaround) List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Mal) Exhitir D - Survey Lot 8 Exhil. : j. Survey Lot 17 b 18 Ekhik_t. Site Plan Exhibit Proof of Combination Exhibit Building Elevations #695 Roth Page 2 Variance The Roths are the owners of--nbined Lots 8, 17 & 18 (Exhibit G). A survey of Lct 8 (Exhibit D), th� residence lot, was obtained from an earlier variance review fc: a proposed lakeshore addition but building permit was never issued. In fact, the hardcover variance was approved based on the additional area of the 2 lots across the road. In review of the survey of Lot 17 & 18 (Exhibit E) most of that area is either marsh land or in the 0-75' protected area. The existin<: garage is a marginal two stall garage. The house has no basement or accessory shed to satisfy re idential storage needs, thus the reason for the proposed 1-wo stall ga ,ge being 52' deep. If the new garage is allowP� to be built on Lots 17 and 18 than the grassed rear yard of Lot 8 can remain undisturbed and another typical Baldur Park garage need not be crowded between Lots 7 & 9. Please note these are legally combined lots so a variance to Ordinance 31.310 is not required. Adequate turnaround is provided on the site and the additional much needed storage area is also provided. I would strongly suggest trimminq down size or structure as the garage will be almost as large as residence. Staff Recommendation To approve the lakeshore setback and hardcover variance application of Guenther Roth based on the following findings & hardships: 1 - No additional land available. 2 - Location of new garage and turnaround will provide less disturbance of environmentally sensitive property- 3 - New location and use will be safer and less hazardous than existing garage use. and subject to the following conditions: 1 - Owner is placed on notice that the City will not consider any further variances for the property. 2 - Owner obtain a demolition permit for removal of existing garage. 3 - Structure be trimmed back - either to decrease work shop area on grade level or require removal of second story. Based on hardcover concerns it would be better to trim back grade level (25' x 35') and allow a limited second story. 4 - Owner agree to sign off on resolution ayreein(l that second story will never be used aF a residential unit. MINUTES OF THE PLANNING COMMISSIU?i MEETING OF JULY 19, 1982 JFAllL ,,- Z- Pane 9 Mr. Roth was not present. Mr George Stodola, Mr. Roth's plant manager, was present for him. Kelley asked how much hardcover would be increased? McDonald asked if Baldur Park was a private road or a City road? Mabusth stated the it was a City road u,> untLI Mr. Boar's property. McDonald stated ri...c these parcels of land were.A't legally combined for tax parcels with a street dividing them. Also she noted that you can't put a garage on a property unless a principal s'-ructure is on the perty also. Mabusth referred to the plat map and combination forms dated 1979 that reflect the combination for tax purposes. Rovegno stated that: the size of the structure seemed more like a house than a garage. He noted the building size of 25' x j2' which is much too large. ✓UENTHER ROTH 1428 Baldur Park Variance #695 Mr. Stodola stated that the applicant does a lot of wood wr>rk, has a few boats and noted that this is the applicant's summer cottage. McDonald insisted that the lots were not combined and stated that the lot combination form came from the finance division at Hennepin County for tax purposes but that doesn't mean that the lots are legally combined. Mabusth stated that these lots are combined for tax purposes and was completed in 1979 well aftar Baldur Park Road became a Cit road. Goetten a-iain noted the size of this, proposed structure. She felt ttu:3 was much too large for a garage. Kelley felt that the second story was alright but noted that there is a hardcover concern. fie also noted tint there is a swamp behind the proposed structure. fie salt that the neighbors shouldn't have any priblems with the proposed garage because the structure is between the trees. He noted the solar second story which is very attractive. Opheim stated that this proposed garage is in the 0-75' setback and the real issue is the applicant wants a variance, he has sufficient hardships but the structure is much too large. Opheim moved to table Guenther Roth's application with th- suggestion that the applicant considerably reduce the proposed garage and therefore have substantially legs hardcover. Kelley seconded. MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 1982 Pace 1.0 McDonald noted that the Planning Commission hadn't decided which side of the road they preferred the proposed structure to be on. Rovegno felt that it should stay roucihl y the same with a two stall garage and the second story. Kelley suggested that the workshop be added onto the existing house. That way he could heat the workshop year round. Opheim stated that it wa= a strange iot with the lake and ti,at the total iss-c- is how much additional hardcover could they be approving. If the applicant proposed a "normal" sized garage that he wouldn't have any problem with it. Rovegno stated that if it was built on the house side it would be out of the 75' cetback area. lie suggested that it be put on the --ie of the house away from the 0-75' setback line. Opheim stated once again that if the applicant came up with a normal two -tall garage and put it, on the same side as the exi, garage, in replacement of that garage it would be L t Rovegno noted the erosion problem and suggested that the shoreline may need smoe rip rap. Goetten suggested that the garaqe should be on the same side of the street as the existing structure and suggested soil borings be done for determining if the soil could handle such a structure. Kelley felt the same side as the existing garage, two stall and two story. liammerel concurred with Kelle-Y. McDonald suggested a two stall narage on side of house (lot 8) and no second story. Rovegno stated that the other side of the street would be fine as long as they directed the drainage away from the lake. Two story, reduce size, and don't increase the hardcover. Opheim stated that the proposers structure should be on the side where current garage is. The structure should be two stalls and soil borings should be clone to determine whether the soil could withstand a two story gtrue:ture. Vote: Ayes (0), Nays (0). ROTH (CONT) exhibit' jf- MINUTES OF THE PLANNING COMMISSION MEETING OF J ULY 19, 1983. Page 4 MACKINNON WONT) 1. DrAinageway and wetlands to be designated within the outlot. Flowage and Conservation Easement o-v.!r both areas. *695 GUENTHER ROT11 142.8 BALDUR PARK Rn VARIANCE 2. Dedication of 13' of right of way for Watertown Road. 3. Newcurb cut to serve residence off Watertown Road must be reviewed and approved by the Public Works Coordinator, John Gerhardson. 4. Payment of park fee of $200.00 for residential lot. 5. Applicant be placed on noti^e of '-he possibility of problems '_or a future su')division of property caused by drainageway and the two, acre minimum lot requirement in the area was brought to the attention of the applicant. McDonald seconded. Vote: Ayes (c" , Nays (0). Curtis Fisk, the contractor, represented Mr. Roth. Mabusth noted the original application that was tabled by the Planning Commission. She noted that the Planninj Commission gave the applicant specific -luidel ines from their meeting of July 19, 1982, which the applicant has followed precisely. She noted that this application was for a two stall garage, single story, and 13' off the street right of way. Goetten asked about ':)e Art -a in front of the house if it was still gravel. Sime noted that the garage could he moved S-'?' back which would help the hazard of backing out onto 3aldur Park. Mabusth noted tha• woul,A be possible but that it would bring the garage closer to the wetlands. She noted the direction of the Planning Commission in 1992 to the applicant at tha• point it was to stay away from the w�tlAnds And to Keep everything close to the road. Callahan noted that all the other garages in the neighborhood were on the main structure side. He noted the traffic pattern caused by those garages would be Approximately the Same but when you have a ,1•irage across the street from the main structure then i t may p, bo + hazardous problem. t � noted that Baldur Park is •iitea,ty ,& hazirdous r,,ai. MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 18, 1983. Page 5 ROTH (CONT) Mabusth noted that there already was an existing ga, age there. Goetten noted that her direction at that time in 1982 was to keep the garage on the house side of the street. McDonald noted that the wetlands are very fragile to bui Id by and asked Mr . Fi sk i f Mr . Roth woulc' consider putting the the garage on the house side. Mr. Fisk noted that Mr. Roth wanted it on the other side and that there probably wasn't enough room on the house side of the street. Goetten noted that Mr. Roth was going by the direction of the majority opinion of the Planning Commission but it was not one she shared in. She noted that she still has the same concern than she did in 1982. McDonald would like to ask Mr. Roth if he would put it on the house side. Callahan asked if they moved the garage on the main structure side, would they need a variance? Mabusth stated that they would because of the 30' setback requirement. Callahan asked if the hardcover situation would be better if the hardcover in question is o%.•,- r where the house is and if it is closer to the wet l ands as it now is. Mabusth stated that it probably would be. Sime noted that there is an existing structure there now approximately the size proposed now, and it would seem that they have not chan3es anything that is existing by approving his request in this location, that he is just replacing one garage with another and that it would remove an eyesore. Mabusth noted that the proposed garage is .a little larger than the existing one. Adams statotl that since the applicant has complied with the .,riginal recommendation of the Planning Commission .and that they should approve it, but to allow a little more flexibility by maybe moving the garage a few feet back. But that he would also invite the applicant to consider building a ,garage on the house side. He stated that this way the Planning Commis: if-,n would be 91vin<1 the irpl i^_ant the fl i h i I i t y to gr, ahead and ic, what the PIannin.1 !' i ssi -,n et ited .it in ear 1 i.-r t imp. MINUTES OF THE PLANNING COMMISSION MEETING OF J ULY 18, 1993. page 6 ROTH (CONT) Mabusth noted that what Adams suggested was a good idea. That the Planning Commission make a motion offering all of tt. -e alternati.,e actions L,, 'he applicant, so that Mr. Roth has a choice, and then ie r.anning Commission wouiu not have to table the ai., lication. McDonald asked Mr. Fisk how extensive the hobby shop was, if the garage was going to be heated, and if the garage would have plumbing? Mr. Fisk stated that there would be no heat and plumbing and no room for a hobby shop. Adams moved to approve the lakeshore ai.' street setback variances and a hardcover increase of 148 sf setback areas of Lots 8, 17 and 18 based un the following findings and hardships: 1. No additional land available. 2. Depth of dry area within lots 17 and la is miniml. 3. Setback of proposed garage 10'-201, giving the owner the option of building righ' the road as proposed or setting garage back. This approval subject to the following conditiwi, . 1. Owner must obtain a demolition permit for removal of existing garage and must remove garage. 2. All roof drainage to be directed away from lake towards Baldur Park Road. 1. Building Official will determine if soil borings are necessary for a floating slab. 4. -per is placed on notice that the City will not rove futurA improvements tr, this property if tuey require variances. 5. Owner is offered the option of destroying the Axi st inq garage and building on t',e same side of r.he house. (building on either side) c,. If he -hooses to set the larage back farther than the other flarages in the neighborhood then i+e has to take away the gravel c.n the other side. S ime qof-onded . Gc,etten felt it was important that in Adams motion that if the garrge was not placed on the house side of the street that the travel be removed ro decrease the hardcover on the house side. MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 18, 1983. Page 7 E:c.?TH (,ONT) Adams stated that he would still support the motion but that it wasn't_ his desire to and that. Adams noted his two concerns about it: l - He doesn't want to make things any more difficult for the applicant. 2 - He recalled that the planning Commission had discussion before of hardcover in the Baldur Park area and he felt that the consensus was that the sizeable marsh area in back of Mr. Roth's garage a^ts as a filtering agent for runoff that does runoff too fast. He noted that this area was so close to the water table anyway that a lar^e part of the rain that falls whether its grass or gravel or asphalt its going to runoff of there. So its one of the parts of the lake that he personally doesn't have a lot of concern about that. Goetten noted that the BalAur Park area is highly sensitive area and that whatever you can Flo to cut gown on hardcover is important. Adams amen:ied his motion adding cond:''ion 46 that a hardcover tradeoff be established using the gravel on the north side of the road. Sime seconded. Adams stater] that if the appl icant .chooses to move the garage towards the marsh, then he would have 5 - 10' of additional driveway,then the gravel has to go. Point 45 to read - offering applicant the possibility of construction on other si.ie of road meeting all the same conditions. Vote: Ayes f71, Nays (1). Motion Failed. McDonald, Callahan, and Goett.en mA4ority opinions. McDonald noted that when they have a chance to ,lean up An area thAt they should take advantagA of that. Secondly it had less impAct, on LAke Minnetonka and thirdly theres enough areA on the lot with the main house to Accommolate the garage. No reason t; put -+ garage on the other side of the street without a pertinent structure. .Olahan moved to table Roth's application until Mr. Roth cAn meet with the Planning Commission and Also until the Planning Commission members that were members in 1992 to voice their views. 0 Callahan withdrew the motion to table and move to deny it. Call ih.an mr,ve 1 t., t.ahl e Roth's appl icAt ion until the next PIAnn inq (7,..mmi i-ti�,n meet ing. MINUTES OF THE PLANNING COMMISSION MEETING OF ,!ULY 18, 1983. bade B .,TROTH (CONT) McDonald seconded. Vote: Ayes (2) , Nays (3) . Motion failed. #750 MAGENER i DETTLOFF PETITION FOR CHARLES STREET VACATION Goetten moved to approve 2 stall garage, 22' x 241, single story for Guenther Roth, and to approve a street setback variance and a hardcover increase of 148 sf within the 75-2.50' setback areas with a lA' setback and doors facing the street based on the following findings and hardships: 1. No additioral dry contiguous land available. 2.. Setback of proposed garage consistent with setbacks of existing garages cn Baldur Park Road. TU-.; -ipproval is subject to the following conditions: 1. Detached garage to be olAred on Lot R. 2. Owner must obtain a Aemnlition permit for removal of existing gara.le on '_ts 17 and 11. 3. All roof drainage to be directed away from lake towarlc Baldur Park Road. 4. Buildinq Official will determine iF 3oi1 borings are necessary for a flr.atin,l slap. S. ')wner is p1Ar:ed on nutl-- that the City will not approve future improvo, nts to this nroperty if they require variance.. �. Applicant must tear down existing ilarage prior to issuAn^.e of building permit. Adams seconded. Vote: Ayes (4), Wiys (41. Callahan abstatned. Ro:9s Thorf.inson was present. Mabusth nor-1 t.hit the City was In receipt of +iootihill's rt�!•al)onse that cumpletely supports thw va-ation petition, which was requested by Planning rommissi:,n at their .June 23, 1981, meeting. Callahan moved to approve the vacation of an unused p:rt'.on of Chirlei Street ax described in the plat of Orono Orc,hartis and as described in-pplicant�' vt(-AfIon petition hAned on the following fin.iin;s: 1. it' wile right t,f way rioes n,,t. !neot 7tjrrant standards for City ro&d. LAITY of U U O �� PMt Offls Box 660Crye41 Bay. Minn*wAn 553230MuniciPal Office. Telephone 473-7357 Guenther Roth 4603 Ellerdale Road Minnetonka, MN 55343 L Control No. 695 Variance Conditional C-e Permit Subdivision, Preliminary Date of Notice7-19-83 NOTICE OF PLANNING COMMIS2ION ACTION Date of Meeting For --- Against 1 absta i nr .. . Co, -,mission recom.•;cends the following: Approval: As submitted Approval: Subject to conditions i.,ted _ Approval: Additional information required before G_ _::ci 1 meet-:. _ Denial: For reasons noted Tabled: Pending receipt of additional information fr�)m applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS 1) c:.:- . o be conetr.: o:i I,ot 8 wit': c. minimum 10' i,,ic,k from the• strc-(; 2) doors r. f•,c.•e toward the str,__ _ s) owner ^hta i n demolition y ermi t for removal cf existing clars),;,re : 4) a11 ,roof ,iia.inage to Le dir(:c'.ed toward, Baldur Park Road: 5) Owner is ylactd can ne ir-, that the City will n-t al•prove future improvements to this property .f t. require variances. Mr. Roth, please advise rr, if the Planning Commission recommendation is not acceptab). to au. 5'our rlic. on is scheduled for Council action on August 8, -- _you --- - --- 1983. QApplicant's next scheduled m,,eting is confirmed as: Planning Commission _ :t B, Council _ 1 Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the meeting is or —_--- for the - ___--------�__-_ meeting. iri all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Acirdnistrator. If you desire certifio(l copies of the official Plannir.y Commission Minutes they are available from the Building and Zoning Secretary upon revie•-. and approval by the Planning Comr,:ission. �ITVof t)ltONO Pwt t )ffiir Rix (;fie stA1 h..y, MItit1.wuLt iJ.i'�.I*Municipal Off&v— Telephonee 473.7357 Guenther Roth 4603 Ellerdale Road Minnetonka, MN 55343 NOTICE OF PiJUNNIN(-, COMMISSION ACTION Date of Meet my __ _ 7-19-82 _ Votes: _r,__ For — Against Plan-1ing Commission recommends the following: Control No. _--_C, _ Variance Conditional Use Permit Subdivision, Preliminary Date of Notice _2-21-Q.2 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting _ Denial: For reasons noted ,r Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No•a^tion required NOTES AND SPECIAL CONDITIONS Planning Commission has tabled all action on your application as,)ropgsed and has asked that you follow the following guidelines jjl rev iwing_ the garA(�plans,_if you wish a recommendation of approval for the rntlncil;-_ 1) reduce garage to sta-nda -c 2 stall garage of 22' x 24' S52' x 25' ! exceeded allowed 1000 sf); 2) second story over garage; 3) direct drainage away from lakeshore of Lots 17 i 18; 4) check with me as for best and safest use _ placement for_9ara9e on lot so to minimize hardcover; 5) a soil boring will -be Xeguire_ a_Prior to issuance of a buildinT permit trif Cots --ill aroves locating Marage on Lots 17 6 18 - second story wail require ` footg s. ---- ---- Applicant's next scheduled meeting is confirm_ is Planning Commission _ Council I- X� Applicant's next scheduled meeting is dependent upon receipt of --� additional information. Deadline for the Au<aust meting is Auqust 2, 1982 -r __September 7, 1982 ,_ _ for the __Sai.+A�..mh.....�. 20- 14a2 meeting. In all cases, the applicati• must be continued with the submittal of requested information withi,. or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information. please contact the Zoning A.:iminiitrotLor. If you -lesire certifi•-3 copies of the official Planning Cor,-iissicr. Minutes they are avai iable fri�)m the Bui ldin7 and ?,oning Se -retary uWn revie•r and approval by the Planning Ccm-nission. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: August 2, 1983' SUB:-ECT: #695 Guenther Roth - 1428 Baldur Park Road - Variance Zoning District LR-lC Area - Total lots (Lots 8, 17, & 18) = 14,747 sq. ft. Lot 8 = 7,847 sq. ft. Lots 17 & 18 = 6,911 sq. ft. (approximate dry area) Application - hardcover and setback variances for construction of detached garage. Street Setback Required - 30' Proposed - 10' Variance - 20' or 66-2/3% Side Setback Required - 10' Proposed - 5' Variance - 5' or 50% Hardcover Variance 0-75' area = 10,650 sq. ft. Allowed - 0 Existing - 703 sq. ft. or 7% Proposed - 250 sq. ft. or 2% 75'-250' Setback area - 4,097 sq. ft. Allowed - 1,024 sq. ft. or 25% Existing - 1,580 sq. ft. of 39% Proposed - 2,183 sq. ft. or 53% Variance - 603 sq. ft. of 14% List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Lots 17 & 18 Exhibit E - Survey Lot 8 Exhibit F - Planning Commission minutes - July 19, 1982 Exhibit G - Site Plan - Amended Planning Commission recommendations Exhibit N - Site Plan - Staff recommendations Exhibit I - Elevation Exhibit J - Notice to applicant Exhibit K - Combination - Form Exhibit 1, - Resolution #695 Guenther Roth August 2, 19E3 Page 2 The application was originally filed in July of 1992 proposing that a 52' X 25', two-story detached garage replace the existing 21.8 X 20.8' single story garage located on Lots 17 & 18. Lots 17 & 18 are legally combined with Lot 8 (Exhibit K), the homestead lot located directly across Baldur Park Road. The Planning Commission advised the applicant that they could not recommend approval of the application as proposed and asked applicant to consider specific revisions as follows: 1. Reduce garage size 2. Garage to be located on Lots 17 & 18 and to be p aced as far from the wetlands/lake as possible. 3. Drainage to be directed away from lake - all dry buildable on Lots 17 & 18 are located within 0-75' setback arQ a. 4. Doors to face street limiting hardcover. The applicant has returned with that amended proposal a year later. The above setback and hardcover factual review relates only to the Planning Commission recommendations as amended by staff. The current Planning Commission recommended that the garage be relocated on the house side preferring an increase in hardcover with the 75'-250' setback area rather than the 0-75' setback area. In addition to cut down on hardcover, they recommended that the garage doors face toward the street at a 10' setback off the street right of way. Staff must recommend that if you approve the garage with doors facing the street, that a minimum street setback of 20' be requirad to allow the car enough distance to pull-out of the garage prior to entering the street. Remember, Baldur park Road is extremely narrow in width. Staff recommends placing the garage 10' off the street right of way with doors facing away from the street and a turnaround drive providod on the site. Both recommendations result in the same amount of hardcover increase within the 75'-250' setback aea. Review Exhibits G & If. Planning Commission recommendations as amended by staff: To recommend approval of the setback and hardcover variance application of Guenther Rote to allow the construction of a 22' X 24' single story detached garage based on the following findings: 1. No additional land available 2. Setback of proposed garage is consistent with setbacks of existing garages on Baldur Park Road. 3. Amended proposal results in decreaev in hardcover with the 0-75' setback area and an increase in tho preferred 75'-250' setback area. #695 Guenther Roth August 2, 1983 Page 2 This approval is subject to the following conditions: 1. Detached garage to be placed on Lot B. 2. Owner must obtain a demolition permit for removal of existing garage on Lots 17 & 18. 3. Garage doors to face away from street - turnaround provided on site. 4. All roof drainage to be directed away from lake toward to Baldur Park Road. 5. Owner is placed on notice that the City will not approve future improvements to this property if they require variances. 6. Applicant must tear down existinq garage prior to issuance of building permit. This has been a difficult review because staff and Planning Commission have never had the opportunity to speak with Mr. Roth. My notice (Exhibit J) advised the applicant to contact me prior to this meeting if he could not go along with the recommendation that the detached garage be relocated on Lot 8. I have not heard from the applicant. The enclosed resolution has been drafted based on staff's recommendation that the doors face away from the street with a 10' setback off the right of way. Review Exhibit H, this plan appears to have less impact on Lot 8. rKk1bi4 N Lusft0SsikD August 5, 1983 City of Orono Plannirr; Commission P.O. Box 66 Crystal Pay, IMN 55323 Re: Guenther Roth - Zoning variance #695 Dear members of the commission, I am sorry I am unable to attend the August 15, 1983 meeting of the commission in person, but a pre -arranged business trip out of town prevents my attendkance. I am in receipt of the notice of retion of the commission regarding my property on paldur Park Road, and T am afraid I find items number 1 and 5 completely unaccepLable. Constriction of the gara,-,e on lot 8, the home side of the road is not what I requested, nor is it what was innitially approved by the commission on July 19, 1982. At that time we were informed by the commission that the location presented no problem. The size of the structure, the draina e , and the ability to support two stories were the only concerns. Based upon the July 19, 1982 meeting, I sent Mr. Curtis Fist( a contractor, to the commission with plans which complid with those recommendations. As noted in the July 19, 1982 the location was no longer in question. All of the recommendations of the commission's original notice have been met. We have reduced the size, eliminated the second story, and have positioned the buildinc; so as to meet the requirements of the commission. We have also made plans to Ric Rack the shore line. The old gara-e will be demolished and the refuse hauled away. While the neighbors have expressed no objection to the new garage, it seems that the commission would rather see the old run-down garage remain rather than see it replaced by a new, modern structure. I am confident that the neighbors would like to see the old "eye sort" replaced in the light of the new constuction on either side of my property. The neigh- borhoods appearance could only be improved by our plans. I have spent in excess $150.00 for commission fees as well as a great deal of time and energy for what appears to be a simple request. There are no objectionable qualities and the new garage will certainly improve the look of the neighborhood. I would hope that the commission will re- consider its decision. With regard to the commisions comment that there will be no further variances allowed on this property, I would like to point out that the structures on both sides of my lot have recently been rebuilt. I am also planning to re- build my home so as to maintain the appearance and value of not only my property, but the entire neighborhood. This would not only seem reasonable but necessary both from the view point of my property as well as my neighbors. I am sure that they would not appreciate their modern struc- tures being next to my older strucure. It wculd also seem quite arbitrary to allow both of those homes to be rebuilt and deny me of the same variance. I would like to get the garage matter resolved quickly so construction may begin soon and wait until a latter date to submit plans for the home. However, if it is necessary, I will have plans for the home prepaid and submit them together. A quick resolution of this matter would be greatly appreciated. Sincerely, enther Roth VJ v A► -os •- *.',r Girmthor Fic • r. B��QvR l..V f , a� — SAo'a/rnt sad !lR as of .�Y rr orrmet rtpri,opt ! ., ye ti.,, . • :,.� : .;►..'.:':4•� nr v Lot• location��` ,..i�tin ::i'_�.n#�s tt:•sr^� n, It mid -SAe^!/ii�t �• llwr.w pn /e► fi•MS not .: :. !":i'�w u•'1 �r is-jrvvo:w:.t$ Or .ICI!/ :..wt /1 /R•Z - IN'• �. rAft Crantinc A Variance to Municipal Zoning Code Sections 34.552, 34.610 and 38.201 - File 695 Whereas, Guenther Roth (hereafter "applicant")isthe owner of a property le,cated at 1428 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as Lot 9, Block 1 and Lots 17 and 18, Block 2, Baldur Park (hereafter "property"); and Whereas, the applicant has appl ied to the City for variances to municipal zoning code sections 34.552 and 38.2.01 to permit the construction of a 24' x 22' detached garage 5 feet from the interior lot line instead of the required 10 feet and 10 feet from the street property line instead of the required 30 feet and to Section 34.610 to allow a 14% increase of hardcover over the allowed 1,02.4 square feet or 25% of hardcover within the ?5 feet to 250 feet lAkeshore setback area. Now, Therefore Be It Resolved by the City Council of Orono, Minnesota: Findings 1. This application was reviewed as zoning file no. 695. 2. The property is located in the LR-IC Single Family Lakeshore Residential zoning district. 3. The proposed detached garage with required drive/turnaround to be located on Lot P will result in 603 square feet or 14% increAse in hardcover within the 75 feet to 751 feet sethack area and a reduction of approxiately 453 square feet of hardcover within the 0-75 feet setback areA. 4. The Orono Planning Commission reviewed this application on July 19, 1981, and rerommend,-d approval of the VAriances as Amende-i hAsed upon the following findings: a) No additional ]And is AVAilable. h' The proposed sethAr,ks of the detached garage are consi st ent with sr-tbacks of ex i st. i nq gArAges on BAIdUr Park RC, Ad . cl The proposal as Amended results in a decrease in hardcover within the 0-75 feet setbArk AreA and An in{-rease in the preferred 75-250 feet setback ArPA. 5. The City Counril has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the propc-ed variances on the health, safety and welfare of the community. 0;. 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 effect traffic conditions, light, air nor pose a fi re hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. CONCLUSIONS, OROER ANn CONnITIONS Based upon the above findings, the Orono Ci'y Council hereby grants variances to Sections 14.552 and 'AR.201 to allow construction of a 24' x 22' detached garage on the property legally described above to be located 5 feet from the interior/side property line instead of the required 10 feet and 10 feet_ from the street property line instead of the required 101 feet. And to allow a 14% increase of hardcover over the Allowed 1,024 square feet or 25% within the 75 feet to 2.50 feet lakeshore sethAck area subject to the following conditions: 1. All improvements for the property Are limited to a 14• increase in hardrover within the -15 feet to 250 feet setback area. 2. The doors of the detached garage must face Away from the street with turnaround provided on the property. 1. No r,ther variances Are granted or permitted for this structure. 4. The City will approve no future variances for this property. S. Authorities granted by this variance run with the property not with the owner, but are permissiv,• r.nly And must be exercised by appl icat ion for A building permit within one year ,f the late of Counri l ApproVAl , or this variance wi 1 l expi r - c,n that 1Aty (Auqust 0, 19RI). r,. Violation of or noncompliance with any of the terms and conditions cf 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 owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigis, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council r,n this Rth day of August, 1981. ATTEST: City Clerk (1) Property Owner(s) (21 Property Owner(s)� (1) rP�ope`rty--Nnei Fs1 '- CITY OF ORONO Mayor TO: Planning Commission. FROM: Jeanne A. Mabusth DATE: August 10, 1983 SUBJECT: #695 Guenther Roth, 1428 Baldur Park Road - Variance LIST OF EXHIBITS Exhibit A - Roth Letter of August 5, 1983 ExhibiL P Planning Commission MinuteL of July 18, 1983 Exhibit C - Survey - Lots 17 & 18 Exhibit D - Survey - Lot 8 Exhibit E - Sample Site Plan - Detached garage on Lot 8 Exhibit F - Sample Site Plan - Detached garage on Lot 8 Review the applicant's letter of August 5, 1983, and the Planninq Commission minutes of your last meeting. I need not repeat hi.s position - he has stated it very well. I have talked with his representative, George Stodola, and he advises that the garage was always unacceptable on the house side because it would use up most of the green lawn area. If approved, they would gladly remove the gravel parking area on Lot 8 and replace it with arass. The applicant is concerned with Planning Commission's recommendation that no future variances be permitted on the property. He has future plans to renovate the existing structure and asks for the same consideration the other lot owners on Baldur Park have been given. The neighboring property was approved for a 11% excess of hardcover. Review of Existing and Proposed Hardcover Area within 75-250 total Lots 8, 17 and 18 = 6,397 sf* *Lo,- 8 = 4,097 sf Lots 17 & 18 = 2,300 sf (credit 1/3 of dry area 6,900 sf) 6,397 sf Allowed Hardcover = 1,599 sf or 25e Existing Hardcover = 2,015 sf* or 31.49% - 6% over allowed *1,080 sf house 315 sf gravel parkinq area 620 ref garage + drive 2,015 sf Proposed Hardcover = 2,008 sf * or 31.38k or 6% over allowed * 1 , 080 sf 528 sf qaraqe 400 sf drive (gara(je with turnaround on site or at 20' �;�$ setback off road) #595 Guenther- Roth Variance Page 2 You are not asked to review an application involving additional hardcover for the house. Applicant :ertainly be given the opportunity to apply for hardcover ce for addition to house. His concern now is that you nut l.lmit his property from improvements that may require vari•,inces. Planning Commission Alternatives 1. Give applicant option to expand application for improvements to house. 2. Approve application for set -back variances for detached garage and advise applicant that future improvements must be limited to % increase of hardcover or just remove condition involving future variances to property. Planning Commission should be advised that if you recommend doors face onto street at 10' setback, I will recommend to Council that a minimum setback of 20' be required at least to contain the length of car before pulling onto road right of way. At this point, I would recommend doors face away at 10' setback with 20'+ turnaround on Lots 17 & 18. Note the hardcover calculations (see above) for the proposed drive are approximately the same for turnaround drive on site or at 20' setback. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 15, 1983. Page 9 LAKE MINNETONKA HOMES (CONT.) Kelleyminorityopinion-Kelley noted that there is need to address the appropriateness of the curb cuts in the northeast corner of this plat and also the total development. He felt there request was in excess of �/ what the City should grant. V1695 GUENTHER ROTH 1428 BALDUR PARK ROAD VA.R1ANrE Guenther Roth's plant manager, George Stodola, was present. Mabusth noted that Mr. Roth cannot accept the garage going on Lot 8 and Mr. Roth prefers the garage to go on Lots 17 and 18. George Stodola noted Mr. Roth's concerns with the Planning Commission's previous motion. He noted that Mr. Roth doesn't want to be so limited that he cannot update his property. He stated that Mr. Roth is requesting that the garage be put on I.ot 17 and 18. Goetten moved to deny Mr. Roth's request to put the garage on Lot 17 and 18 but to approve the two stall, single story garage on Lot 8 subject to the following conditions: 1. Detached garage to be placed on Lot 8. 2. Owner must obtain a demolit.- n permit for removal of existing garage on Lots 17 and 18. 3. All roof drainage to be directed away from take towards Baldur Park Road. n Building Official. will determine if soil borings are necessary for a floating slab. 5. Owner is placed on notice that the City will nct approve future improvements to this property if they require variances. �. Appl icant must tear down ex i st i ng garage pr for to issuance of buildinq permit. Rovegno seconded. Vote: Ayes (S), Nays (0). #768 WILLIAM ULRICH 1535 BOMIS POINT ROAD CONDITIONAL USE PERMIT William Ulrich was present. Mabusth noted that in her memo she addressed all the questions that Planning Commission had requested at their last meeting. Planning Commission found no further probleirs. Goetten moved to approve a conditional use permit for William Ulrich for the installation of a se<'w;.' I along the lagoon area of his property and '110' of Gerard Blohorn's property subier,t to the following conditions: �11T`Y of ORONO -- : Post Office Box 66•CrystaI Hay, Minnesota 55323•Munlei pnl Offices Telephone 4737357 Guenther Roth 4603 Ellerdale Road Minnetonka, MN 55343 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting _ 8-15-83 Votes: — 5 For Against Planning Commission recommends the following: Control No. 6q5 X variance Conditional Use Permit Subdivision, Preliminary Date of Notice 8-22-83 Approval: As submitted _ Approval: Subject to conditions noted Approval: Additional information required before Council meeting X— Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Con�,iission study No action required NOTES AND SPECIAL CONDITIONS To deny your request to rebuild a 22' x 24, oarage on Lots 17 and 18 and to ask that you relocate the proposed garage on Lot 8 based on the following findings: 1) Safety factor - create hazardous conditions when other garages are located on appropriate side of street; 2) Decrease hardcover increases within 0-75' setback area; 3) Make use of existing gravel parking area on Lot 8. I will not schedule your application for action before Council un�_il I hear from you in regard to either amending your proposal, expanding your application to Applicant's next scheduled meeting is confirmed as: Planning Commission Council DApplicant's next sci t:�duled meetinel is dc.-pendent upon receipt of additional inAl rmatio n. Deadline for the meeting is or for the:, meeting. In all cases, the applicatic�rr must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble.- obtaining additional information, plEase contact the Zoning Aciminist ratur . If you desire ceitif ied c•opi.:-s of the official Planning Commission Minutes they are available f rc,r. th%-- Bui ldi ntj and Zoning Se• :x etary upon revie-- and approval by the Planning Commission. include future improvements to principal residence or formally withdrawing your present application in writinq. If you wish your application to be scheduled for action at the Council meeting of September 12, 1983, please have all information into this office by Auqust 31, 1983. TO: Walter R. Benson, City Administrito. FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 6, 1983 SUBJECT: #695 Guenther Roth, 1428 Baldur Park Road - Variance Zoning District - LR-lC Area - Total lots (Lots 8, 17 & 18) = 14,747 sf Lot 8 = 7,847 sf Lot 17 & 1.8 = 6,900 sf (approximate dry area) Application - Hardcover and setback variances for construction of detached garage. LIST OF EXHIBITS Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Lot 8 Exhibit E - Survey Lots 17 and 18 Exhibit F - Applicants original plan Exhibit G - Applicants revised plan Exhibit H - Combination Form Exhibit I - Planning Commission Minutes - July 19, 1982 Exhibit J - Notice of Action - July 21, 1982 Exhibit K - Planning Commission Minutes - July 18, 1983 Exhibit L - Notice of Action - July 19, 1983 Exhibit M - Notice of Action - August 22, 1983 Exhibit N - Applicant's letter - August 5, 1983 Exhibit O - Building Elevation of garage This application was originally filed in July of 1982 proposing that a 52' x 25', two story detached garagc. replace an existing 21'.8" x 20'.8" single story garage located on Lots 17 and 18. Lots 17 and 18 are legaliv combined with Lot 8 (Exhibit. H), the homestead lot located directly across Baldur Park Road. On July 19, 1982, Planning Commission voted to recommend tabelinq the variance application vivinn the applicant enough time to make v-ry specific revisions in his proposal as follows: 1 - Reduce size of garage - doors face onto the street 2 - Reconsider need for two story structure 3 - Direct drainage away from lakeshore on Lots 17 & 18 4 - Informal poll of Planning Commission members directed applicant to locate garage on Tots 17 & 18 (See Exhibit I) #695 Guenther Roth Page 2 On July 18, 1983, the applicant returned with a revised plan (See Exhibit G) askinq for permission to construct a 24' x 22' single story qaraqe replacing old garage on Lots 17 and 19. As directed the garage was placed 10 feet off the street right of way with doors facing onto the street. The revised application was denied. Plannina Commission recommended approval subject to the applicant's relocating the new garage on lot 8 setback 10 feet off the street right of way, doors to face onto street and to place owner on notice that the City will not approve future improvements to this property if they require variances. (Review exhibits K & L) In that notice I advised Mr. Roth that if he found the Planning Commission recommendation at this point in the review unacceptable that he may reappear before the Planning Commission. Please review Mr. Roth's letter in response to Planning Commission's recommendation (Exhibit N). On August 15, 1983, George Stodola, the applicant's representative appeared before the Plannina Commission to once again state for the public record why a garage on Lot 8 is not acceptable. The street/ rear yard of Lot 8 is the only green lawn area for the total property and advised that Roth would be happy to remove the existing gravel parkinq area on Lot 8 and cover with orasq. Tn addition Roth was concerned with the PI:inninq Commission's recommendation that no future variances be permitted on the property. He notes that a neighboring property was approved for a total of 11% excess of hardcover within the past year and he asks for the same consideration. REVIEW OF EXISTING AND PROPOSED HARDCOVER Area within 75-250 total Lots 8, 17 and 18 = 6,397 sf* Lct. 8 4,097 sf Lots 17 & 18 = 2,300 sf (credit 1/3 of dry area 6,900 sf) 6,397 sf Allowed Hardcover = 1,599 sf or 25% Existina Hardcover = 2,015 sf* cr 31.49K - 6% over allowed *1,080 sf house 315 sf gravel parkinq area 620 sf garage + drive 2,015 sf Proposed Hardcover = 2,008 sf* t)r 31.38% or 6% over allowed * 1 , 080 sf 528 sf garage _400 sf drive (garage with turn=tround on site or at 20' 2,008 sf setback off road) #695 Guenther Roth Page 3 The hardcover is not greatly affected by the construction of the new garage. Staff advised Planning Commission that if doors were to face onto street that a minimum of 20 feet (car length) had to be required for a safe access onto street. Staff once again recommends the 10' :-etback with doors facing away from street and turnaround provided on site. Hardcover increase is the same f-r both types of accesses. Planning Commission once again denied the application for the same reasons (review Exhibit M). Staff recommends that Council honor the applicants revise plan based on the applicant's demonstration of good faith in response to Planning Commission's first directive. Allow him the option to revise his current application to include all proposed improvements for property or set a limit for the amount of hardcover to be allowed on the total property at some future date. COUNCIL'S OPTIONS OF ACTION A. Direct staff to draft a resolution of denial that would include the findings and conditions setforth in the Planning Commission recommendation. B. Direct sLaff to draft a resolution of approval based on the following findings: 1) Revised plan does not create an increase in the hardcover for the property. 2) A garage has existed on the site for over 30 years and has never created a traffic hazard. 3) The proposed improvement of this property is consistent with the improvements of the surrounding Baldur Park lots. Approval is subject to the following conditions: 1) Gravel area on Lot 8 to be removed and seeded. 2) Detached qarage on Lots 17 and 18 to be placed 10 feet off Baldur Park Road right of way with doors facing away from street and turnaround provided on private property. 3) All roof drainage to be directed away from lake. 4) Structure may never be used as a separate dwelling unit. 5) Applicant placed on notice that there exists on the property an excess of 68 hardcover and that unless this Council has a specific application for additional improvements with this application the property will be limited to a total hardcover excess of ... 9r i11,�winq f()r a future addit ion of .... 3* hardcover or ....20U st . September 9, 1983 Citv Council of Orono P.O. Box 66 Crystal Bay, Minn. 55323 Re: Guenther Roth - Zoning variance #695 I am the owner of the property located on Lots 17, 18, and 8 of Baldur Park Road. At present there is a garage located upon Lots 17 and 18 and a home located upon Lot 8. Baldur Park Road runs between these structures so that the garage is on one side of the road and the home is on the other. It was my desire upon purchasing this property, to upgrade it by first remov+.g and rebuilding the garage which is quite old and rundown and was becoming an eyesore and by later remodeling or rebuilding the Home . To this end, I made application to the City Planning Commission last year for a zoning variance to allow the demolition and rebuilding cif the garage on Lots 17 and 18. At a meeting of the commission held on July 19, 1982, the commission set various conditions upon the approval of the variance which concerned the size of the structure, drainage, and support. The question of the location of the garage seemed to have been settled as seen by the minutes of that meeting. Subsequent to that meeting, I had plans prepared by a contractor for the building of a new garage on Lots 17 and 18. Those plans took into account all of the recomendations and conditions se_ 7..rth by the commission. The plans were submitted to the commission for what I assumed would be their approval. To my surprise, the commission responded by changing the conditions to include building of the garage upon Lot 8 rather than Lots 17 .and 18 and by further putting me on notice that no further variances would by granted for improvements to these lots. Since this was not acceptable to me. I sent a letter to the commission prior to the August 15, 1983 meeting of the commission requesting that they reconsider the placement of the garage as well as the possibility of ma King changes in the home. A copy of that letter is attached for your reference. In spite of the fact that the garage has existed uaon Lots 17 and 18 for years and that the neighbors on both sides of me have been allowed to rebuild their homes, my requests were turned down completely. The building of the garage on Lot 8 is unacceptable to me and quite arbitrary in light of their previous decision last year, and the fact that no one has made any objections to my plans. I would therefore request that the council approve my plans to remove the old gar&, and rebuild a new garage on Lots 17 and 18, and further that the council allow me to prepare and submit for approval, plans for the modernization of the home on Lot 8, which will improve the entire neighborhood. Sincerely, Nuenther Roth cc: James Graybreck Tom F: ahm Tim Adams John HL.mnerel Mary Butler MEETING OF THE ORONO COUNCIL, SEPTEMBER 12, 1983. PAGE 5 k5 GUENTHER ROTH 428 BALDUR PARR RD ARIANCE Guenther Roth, George Stodola and Mr. Roth' sattorney was present. Zoning Administrator Mabusth reviewed with the Council the history of the applicatidn. Mabustt, noted that in 1982 the applicant came in with a proposed garage 52' x 2.5' garage, two story structure to be placed on Lots 17 & 19. Mabusth stated that Planning Commission said that it was too large and gave the applicant specific directives to follow which Mr. Roth did to the letter . Mabusth stated that Mr . Roth came back in 1983 with a revised plan following the Planning Commission's direction and Mr. Roth was denied. Mabusth noted that staff is recommending against the most recent Planning Commission's recommendation and asked Council to revert back to the 1982 Planning Commission direction which allowed the garage to be located on Lots 17 & 19. Mr. Roth stated that he is taking away an existing eye sore and needs the garage now for storage on Lots 17 and 18. Councilmember Adams stated that he had no problem but warned the applicant that all three lots are considered together when considering hardcover for any future applications. Zoning Administrator Mabusth stated that Mr. Roth's other concern was with the Planning Commission's recommendation that no e hardcover allowed on this property. Councilmember Frahm stated he had no problem but that the odds of getting any more hareicover approved cn the property is slim. Frahm stated that he considered this more of a wetlands than lakeshore which the requirement is 25' from any wetlands and that Mr. Roth is proposing 24' which is ok. Councilmember Frahm mjved, Councilmember Adams seconded, to approve a new garage in place .;f 'he existing garage to be placed on Lcts 17 & 18 subie . the following condition: 1. Gravel to he removed on Lot 8 and seeded. 2. All roof drainage to be directed away from lake. 3. Structure may never be used as a separate dwel ling unit. 4. Detached garage on Lots 17 s 18 to be placed 10 feet off Baldur Park Road right of way with dc.urs facing away frum street and turnaround provided on private property. MEETING OF THE ORONO COUNCIL, SEPTEMBER 12, 1983. PAGE; 6 RESOLUTION 1152'. }f38 MARVIN SEIBOLD 'NORTH FARM ROAD VA.R ANCE RESOLUTION # ! #760 WILLIAM ULRICH 1535 BOHNS POINT RD CONDITIONAL USE PERMIT RESOLUTION %15 #763 HILTON SEIVERT 1856 SHADYMOOD ROAD VARIANCE 5. Applicant placed on notice that this property has a hardcover problem and that future applications involving excess hardcover may not be approved. Council further directs staff to draft a resolution noting one above points. Motion, Ayes (4) , Nays (©) Mabusth noted that _nis variance application was approved by Council about a year ago. Mabusth noted that cause fcr the delay being when the plat of The Farm at Long Lake was filed the flowage and ccnservation easement was to control riparian use cf the shoreline. Mabusth noted that the Seibolds have signed the resolution so it is just awaiting Council approval. Councilmember Adamr noted that the dock is in and the way it was placed protects the wetlands and is a wonderful addition. Counci. tuber Hammerel moved, Councilmember Grabek seconds-, to adopt Resolution #1521, A Resolution Granting A Variance To Municipal Zoning Code Section 34.352 to permit cc,nstruction of a residential do:-, ,.�n a property located at 1699 North Farm Road. Moto, Ayes (4) , days (A) Mabusth noted that Mr . U1 r ich had signed the resolution and agrees to all the conditions. Acting Mayor Frahm stated that he had no problpr� as long as this wasn't on the main lake that there is no need for stone rip rap and that the proposed metal is .fine because it is located in a lagoon area. Acting Mayor Frahm moved, Councilmember Grabek s )nded, to adopt Resolution i1522, A Resolution ;renting AConlitional Use Permit Per Municipal Zoning Cade Section 31.700 And A Variance Tc Municipal Zoning Code Sectic;ns 31.831, a conditional use permit to construct a seawall along the lagoon shorel ir,e of the property and 20 feet along the west lac -con shoreline. Motion, Ayes (4), Nays (©). Mabusth noted that the Seiferts had signed the Res(Aution. Control No. 695 CITE' of ORONO 'ost Office Box 66eCry•stal Bay, Minnesota 553110Municipal Offices Telephone 473.7357 TO: Guenther Roth 4603 Ellerdale Road Minnetonka, MN 55343 lCopies to: Meeting Date 9-12-83 Notice Date 9-16-$3 x Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final ..:r.�:.A..k. �;'.•n :Y:c;r;: ;Y;Y:'c:c;'r4c :c;Y:; :...:::r:Y;Y:'c L:Y:'r:: ,, .c:r:rx :r:r4r:Y:ra:.:Y:r�:'roc:'c:c:.:'r;'r:4:c:Y;'r':4c�'c:n'c..:cs'c:.::.. ;c:cx:L ..:c:Y4c;c:Y�ir-k•. COI NC'.i':.. ACTION Vote: 4_ For Against Abstention MOTION to conceptually approve your variance application approving a 10 feet I street setback and 25 feet wetlands/lake setback for a detached garage 24' x 22' I to be located on Lots 17 and 18 Baldur Bark and ha,3 directed staff to draft an approving resolution incorporating the following conditions: (see attached memo) apgro�i;�g resolution will be presented for action at their mectina of September 26, 1981_ DEADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspectrr before beginning �frk. VARIANCE APPROVAL ° ; ;:ni t(..d to the extent show'tl on approved plans. L)n not change plans. variar.c( j,uthc-,rity expires one year a'.ter ap roval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPR(AIAL - Applicant must provide all information and/or improvements required for final approval. Cunt Zoniag i-tiministrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certifloation of such re(-,rdiny.. returned to the City by deadline date. Certifi(d copit•s of 0-17ficial City C(-iuncil Minute. mnv bt' o�itain(►div contacting the Citv Clerk. Allow at least three wve'ks from meeting date. TO: Guenther Roth FROM: Jeanne A. Mabusth DATE: September 16, 1983 SUBJECT: Conditions Approving resolution to incorporate the following conditions: 1. Gravel area on Lot 8 to be removed and seeded. 2. Detached qarage on Lots 17 and 18 to be placed 10 feet off Baldur Park Road right of way with doors facing away from street and turnaround provided on private property. 3. All roof drainage to be directed away from lake. 4. Structure may never be used as a separate dwelling unit. 5. Applicant is hereby advised that there exists on the property an excess of 6% hardcover and that unless this Council has a specific application for additional improvements with this application and that a future application involving excess hardcover may not be approved by a future Cnui il. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1558 Granting A Variance to Municipal Zoning Code Sections 34.552 and 34.610 - File 695 Whereas, Guenther Roth (hereafter "applicant") is the owner of a property located at 1428 Baldur Park Road within the City of Orono (hereafter "City") and legally described as Lots 8, 17 and 18, Block 2, Baldur Park, (hereafter "property"); and Whereas, the applicant has applied to the City for a variance to municipal zoning code sections 34.552and 34.610to permit the construction of a 24' X 22' detached garage 10 feet from the street instead of the required 30 feet and 25 feet from the lakeshore, defined at the 929.4 elevation, instead of the required 75 feet. Now, Therefore Be It Resolved by the City Council of Orono, Minnesota: Findings 1. This application was reviewed as zoning file no. 695. 2. The property is located in the LR-1C Single Family Lakeshore Residential zoning district. 3. Lrts 8, 17 and 18, Block 2, Baldur Park are legally combined. Lots 17 and 18 are divided from the homestead lot, Lot 8, by Baldur Park Road. 4. A detached garage has existed c_ri Lots 17 and 18 fur c.ver 30 years. 5. The depth of dry buildable land on Lots 17 and 18 would prevent any str,.!cture from meeting the required lake!;hare setback of 75 feet. The depth of the dry buildable corridor is 75 feet. 6. There is an extensive wetl,an;is area betwoen the dry land corridor and the actual open lake area which serves as a filtet fur all surface drainage that enters lake via Lots 17 and 18. 7. The proposed improvement will not. of feet the total hardcover on the ptuperty as follows: Existing hardcover z 75'-21,0' 2,015 sf ci 31.49%, 61 over allowed Proposed hardo(,ver - 75' ",N' ,,oa8 sf 6b over ,allow(A City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 558 8. The setback of the proposed garage is consistent with !setbacks of existing garages on Baldur Park Road. 9. There is no traffic hazard or danger created in the public's continued use of Baldur Park Road if a garage remains located on the opposite side of the street from the principal residence or from all other garages located on the north/opposite side of Baldur Park Road. 10. The City Council has considered this application including reports by City staff, comments by the owner and other interested persons, and -he effect of the proposed variances on the health, safety and welfare of the community. 11. 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 dirstrict: that granting the variances would not adversely effect traffic conditions, light, air not pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to t.-e owner, but i s necessary to alleviate ademonstrable hardship ordifficulty; is necessary to preserve a substantial property right of the owner; 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 Oronj City Council hereby ge-ants a variance to zoning Ordinance Sections 34.552 and 34.510 for construction of a 24' X 22' detached garage on property legally described above to be located 10 feet from the front/street property line instead of the required 30 feet and 25 feet from the lakeshore instead of the required 75 feet sub-ject to the following conditions: 1. Gravel parking are—i on L(,t. 8 to be rt.-moved at the time the appl ic,,nt removes the ex i.st ing gar aje un Lots 17 and 18. 2. A demol i tion permit must be obtained by the applicant for the removal of the existing garage on the property. 3. Anydoors over .3 feet. wide shall face away from the street with a turnaround provided c.,n the property. 4. All roof drainage fr in new I.t.rur-ture must be direrted Pway from the lake. nartr. 2 n! S City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 558 5. The detached garage structure may never bo used as a separate dwelling unit. 6. No other variances are granted or permitted for this structure. 7. Applicant is hereby advised that there existson the property an excess of 6% hardcover and that future improvements to his property that involve additions to hardcover may not be approved by this Council or a future Council. 8. Authorities granted by this variance run with the property not with the owner, 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 cn that date (September 26, 1984). 9. violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automaticallyterminate any authority granted herein, and shall be punishable as a misdemeanor. lA. The ._indersigned owner has read, understood and hereby agr 2es to the terms of '.:his 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. Adc;pted by tho Orono City Council on this 26th day of September,. 1983. 1. ArrEST : CITY OF ORONO ��ttler k Mayur � loperty O:.ner (s) (2) ..... Property Owners) pr ca pe r t y �wne r Z'sj' ..�..� , %1 IL City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1558 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On-thisI day of ! 1983, before me a Notary ;Ltih-dey�pertso�n((s) s sand - r s d C un y, persra11y appeared known to me to described in nd w v execGu�Eed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. OWTHYjU.NAW OTA 0 A R Y P U g L 1�.. MENNE►INTY Is MY COMrIONEXPIRES �_.��__ _— STATE OF MINNESOTA ) ) S :, . COUNTY OF HENNEPIN ) On this _ day of 1983, before me a Notary Public within and fur T _ Crounty, personally appeared _ known to be the persnn(sj described In anti why Axecutecitfieocego ng instrument, and acknowledged that he (they) executed the same as his (their) free .act and deed. NO'I'AilY I'JHI.IC MY c'.;MMt. :t IN EXPIRES I4 0,t City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 STATE OF MINNESOTA ) ) s s . COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public within- and £6r said County, personally appeared known to me to 6e- the- persons) escrli a 1� n and` wFo executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES .— -- This document is being recorded for the benefit of the Cityof Orono per Minnesota Statutes 386.77. Bruce D.-Malkerson, City Attorney _ State Deed Tax Due Hereon: Exempt. This instrument was drafted by: Cit% of Orunu P.O. Box 66 CrystAl Ray, MN 55321 I,. .1 . c) , , t 0 REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 5 Mayor Butler noted that the timing and placing of the L.M.C.D. meetings prevents public imput and that the L.M.C.D. should consider scheduling their meetings where the public can attend and give their imput. Councilmember Grabek stated that with the structure of the board of directors now, they can't handle the upcoming events. Je Ellen Hurr suggested that the City sl, ild consider asking her to tell Mr. Brown to not cc .Ader another term rather than finding someor.e within three days of the appointing of the board. Councilmember Frahm asked if Grabek would consider withdrawing the motion. Councilmember Grabek stated no and a vote was taken. Mop' Ikyes (1), Nays (4). Grabek voted aye. D led. PLANNING COMMISSION COMMENTS Th Planning Commission representative. PUBLIC COMMENTS ThL io public comments. BIG ISLAND RECORD 1,OT AREA VARIANCES - 29 RESOLUTIONS RES. #1529-1557 Mayor Butler moved, Councilmember Frahm seconded, to approve Resolutions /1529-11557, Resolutions Grant- ing Let Area Variances to :)Big Island Lots. Motion, Ayes (4), Nays (0). ?_ RESOLUTION #]558 #695 GUENTHER ROTH 1428 BALDUR PARK RD VARIANCE, 7.oninq Administrattr Mabusth ntted than. Mr. Roth had signers off on the Resolution. Mayor Butler moved, Councilmember Adams seconded, to approve Rescluticr. i155A, A Resolutic,n Granting A Variance tL Municipal 7cning Code .Sections 34.552 and 34.1r,10, tt permit r•cnstruct.ion tf a garage cn Ltts 17 and 1R, Mcticn, Ayes (4), Nays (0). RESOLUTION j; ", 1734 GEORGE `;TE I NKR 700 IXTH AVE. NO. FINA1.',UHI)IVI`,I0M Mrs. Steiner was present. Mahusth n, ted that this was a metes ,,tnd bound-; subdivision. Counci lmembef Adam: moved, Cc lrnri lmembet Himw-t el svcc,nded, to adept Restlu• ion 01559, A Res, lu., ten Appri.ving A Metes And Bounds Subdivisik n Application For Gecrgr R. Stwiuler. Metitn, Ayr's (41 , Mays it) . CITY of ORONO Office Box 66•Crystal Hay, Minnesota 55323•Municipal Offices Telephone 47:3.7357 TO: Guenther Roth 4603 Ellerdale Road Minnetonka, MN 55343 Copies to: Control No. Meeting rite Notice Date 695 9-26-83 9-30-83 X Variance Conditional Subdivision, Subdivision, Use Fermit Preliminary Final •�t9c�.,�.•-`-,,...�'::'r:'::Y:Ys';:'c:'c:Y:'c:'r:Y:c:'c:c::'r:Y:Y:Y;Y:':;r'c:'c:Y:Yx:'c:':•'-Y:'c'c:'cir3Y:Y:'::'ck:'r:'roc;cicsY:r:'c:'c:c:YYcic:'c4r-'.ic:'r�c4rs'rk�c:cs'c:rx:'c:Y4c71r�r�c COUICI;. ACTION Vote: 5 Fnr Against Abstentton MOTION to approve your variance application subject to the conditions _,:.tforth in the enclosed resolution. A certified copy of this resolution will be filed against your property within the next week. *�rx��•;Y:Y:::c:h'r:::Y:'r r4r:'c:,k:Y;cx:r::•-�•s';;c::-'�-'�;'r;:=r:c:.,,.;;Y;ri:'x�k•sY;r:'c:;•�r:t;:x::�c'-.,;r'xsr�,csY-:,':�'c,.;::':;Y:c.r:;::Yic::•*:c•*��ktk� DEADLINE DATE _ for submittal of new informarion (application tw-iy be cortsiderec, formally , chdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning 1,.'O -1. NCE APPROVAL is limited to thu extent shown on approved plans. Itot change plans. �'dll�ltic't` ;tlitli!_r:t}' cxl;ire�: opt. }'t'.11 after aiTic-al. (,r "1DITIONAL USE A1111ROVAL ex ' res upon change of ownership or use, .or on deadline date specifi,.i above. PRELIMINARY ITBDIVISION APPROVAL - ApplicAnt must ,provide all information ­d/or improvemt`nt s required for finial approval. C,ontact T.,aning, lminis' -ator. V11AL StrBDIVI:SION APPROVAL - Applicant must have drawings, resolution and all other requirt-d doct-urients recorded, with certification of such recording' re!irned to tht, City lay deadlint` datt•. _ Cert i f io d t-opie'4 if c,f1 i i:'1 ':itv Council Minu'r- may be obtaineti b•; conta(i ing the C'lty t'141k :°.Ii�,w .3t least tlit c,, weeks from mevtinp date M l U d d• _ ry _, _,� . _._ .,r�s�m • -fig � .'`:: v-. - - — �b j•CC - �_ _. t__ � _ _, ...... __--__,_ __ �' } � � ��,,� � r it . __ _ .� .A • -1 �" L. S"�A � T'K • ti � �� � �. -� ,. ___ � wi . � ,�• �r f �,.. �,...� .,�. ` ,� iy,;' - ..�' y