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Home My WebLink AboutProject PacketLAND USE PLANNING "XHIBIT 1 ZONING VARIANCE APPLICATION CITY OF ORONO #770 P.O. BOA 669 Crystal bay, Minnesnt,, 55323 473-7357 INT>i11Cf1003: Please first reed the attached Information Sheet. Complete Items I - 13 (Type or Print). If needed, attach letter or other info mstion to better describe your request. Incomplete applications will not he accepted. 1. PROPERTY ADDRESS lapl description shall be shown on attached Survey. Exhibit 3 2. APPLICANT Nam Phone i. Mstling Address If Applicant is not owner, explain 3. OWNER ps11e Phone Mmiling Address Date Property Acquired _ (Month/Year) I (do) (do not) also own other adjacent parcels of land 4. AGENT as— — Phone Fine Plaiting Address s. NOTICES should be sent to: Applicant Owner Agent G. PRESENT ZONING USE DISTRICT 7. PRESENT USE Residential (Other) LIST OF EXHIBITS tg- D scription initial Arpi%,mtinn must tnclisde: 1 implication Fore "rrnperty Cl ners List 3 A!t---Certificste of Survey Le' Fee Receipt 0 Date ived-7�Q-►3 Ay Staff Snf�r L,ttnn 4 rt,t 5 Inventory 5 S t a r .` C.nvaben i s Other Infnrmatton A 29M Vacant Land IVacant Suilding(s) Occupied Plutldtng(s _ _ ORO 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION CO N- _ establish now use _ continue or expend existing use _ build new _ add on _ remodel _ repl"s Describe request in detail: 9. VARIANCE(S) REQUIRED to do the requested Volk _` tat Area U't width words~ Setback (_ Front __ stde _-- seer) ether rirw e geiling Address I S. NOTICES Should be sent to: Applicant Omer Agent E. PRESENT ZONING USE DISTRICT W 7. PRESENT USE Residential (other) 2 9 M Vacant Land _ 2 Vaunt Building(*) Occupied Ruilding(s) — —5 GHR S. DESCRIBE REQUEST ESTIMATED CONSTRUCTION CO ON Q-- establish now use _ continue or expand existing use _ build new _ add on _ ranedel ropl"@ Describe request in detail: 9. VARIANCE(S) REQUIRED to do the requested York: l,ot Area Lot Width wrdeover Setback (_ Front Side __ Rear) Other 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with zoning code requirements: 11. Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY remu,ting frou strict enforcement of sowiy regulations 12. Describe EFFECT OF PROPOSED WORK on neighboring properties and on the netghborhood in general 'he APPLICANT and the PROPERTY OWNER must sign and date this application. The APPLICANT hereby agrees to provide all info. tton The MWX herety acknrwledtes and mitre.* t• this application required or requested by the Zoning Administrator, agrees avl further autherlres reasesahle entiv rntt- the ,irnparty to pay all fees and/or ur jewel expenses incurred in reolry t- rity staff, consultants, a:,mnts, rtw►lsslon +ender+, of this application, and certifies that the informatl,,n and Cnuncit memhors for purposes of 1nve4•1e*t1en an,' supplied is true and correct to the hest of is knowledge vertflcatinn of this request Applicant's Signatu 1Date Owner's Signature. Date r to TION DEADLINE IS FIRST MONDAY OF ;}Ir MONTH BEFORE PLANNING CCWtt?SSION MG. I PUN DATE 07/ 2' '83 BATCH 007 38 08-117-23 31 0001 ff PROP ADO:t 01400 BALCLO PAPr. PO 1.., C-414ER N,."E CHAPLES B FEID TAXPAYER CHAPLES E PEIJ NA if/ADJR I400 @ALDUR PR PO WAYZATA M. 55391 3L% 08-117-23 31 0004 1. PdOP AODP 01384 BALOUP. PARK RD C'.:::EP NAME DC9OTHY MAE JCX'f5ON TA)PAYER DOUALD KEESLI!'G HAMErACDP 1384 BALDUP PAPK RD ' ORC40 MN 55391 39 08-117-23 34 0017 PFCP ADOR 014CS BALCUR PARK PO NER NAME JAMES P WEFN_R ET AL ";'-PAYER JA'!FS F "rPt4FP t NAME/ACCP 1ti:2 B=L PAP', ROAD l 1!Z 1TA 55391 1 38 08-117-23 34 0031 PPOP ADOR O;aiER NAME PUBLIC ACCOUNTING SER:ICES TAXPAYER EDW H SPINDLER DECEASED HAF!£; ADDR TAXPAYER U!4(NOW4 'POP ADOR C':ttER NAME TAYPAYEP TOTAL BATCH 007 00012 NAME/ADOR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 08-117-23 31 0002 01396 BALDUR PARK PD LOUIS J LAP' -ON F';!ALD S GEHPING 3215 CHAPLES LA t:0'J :D MN 55364 38 08-117-23 31 0005 01376 BALOUR PARK RD W A J WILLIA!'S JP WILLIAM H WILLIAMS JR 1376 BALDUP PAPK RD CFCNO MN 55391 38 08-117-23 34 OC18 01404 BALOUR PARE: FC CHARLES AFFIAS A WIFE CHARLES AFFIAS 2634 JERSEY AVE S MPLS MN 55426 38 08-117-23 34 0032 PUBLIC ACCOUNTING SEPVICES EGW H SPINOLEP DECEASED TAXPAYER U!ZKtIOWN Y-OF ORI REPORT NO. PI435401 PAGE 29 38 08-117-23 31 0003 013^2 BALDUR PAPK RD TI;E--JCRE W 6J�-R ETAL THEGJORE W 2CER 13'-2 EALDUR PARK RD WAYZATA MN 55391 38 08-117-23 34 0016 01412 P'.LDL1P PARK FD LLOYD H STUTH ET AL LLOYD H STUTH 1412 BALDUP PK RO I.tiYZATA M!4 55391 38 08-117-23 34 0030 PUBLIC ACCCU4TTN7, SEPVICES EEW H SPIh:)LEP DECE..'-ED 38 02-117-23 34 0033 H'PCLD R KITCHEN HtPOLD KITCHEN Box 418 N.'SEWA MN 50468 0 RUN DATE 07/28/83 HENNEPIN COUNTY PROPERTY INFOPMATTON SYSTEM REPORT NO. PI435401 PPOPERTY 0:41` o5 LIST PAGE 30 BATCH 007 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE ANO TPUE REPPESENTATION OF INFOPMATION AS IT APPEARS THIS DATE O'J THE RECORDS OF THE HENNEPIN COUNTI DEPARTMENT OF FPGFERTY A:<ATIOM, TO THE BEST OF MY KNOWLCDCE ANO BELIEF. PATE T7/ t � 30(1s) Q #770 1� 9a 1� JUL 29M 1 i LMIUF 4RONt. �� 4�. `I fts,y ♦ rt L♦ 4 , t1 K r i is� 2 l l• M � 61, fA ,♦ c4 .. ff y _„� ;} o •5 - 4 • 1 i 10 (-'Pvrti ft � a to of urvey !-or Knl^rt J. Vellipux ,ierin,e,j.n Cc)urt.,,, FIrmesota I here by cmrtl 'y that th.'s 1p -. tr..e r4rd corrmet re-rogLoortat',)r of a eurvq., o" tin+�fCtNrS RE Ci At. Lc, P1r)C< ar.f. tt.e Lcrutir all it zn. , them :t ( e., !.ot -urix,ri tc stiow c;tt.,,r mrsm ZK_ . %nd Plan—r- J7 Seal; . L" 7 ;late 11-7 —7�f 'ron a. AI EXHIBIT i.rrl'tj f11-5 t.t• of U.-VC) le' .. r rer Ho;•rt J. ;P:n Court}•, Vinne: ota -- .r.....r • 1 imrS::•)' cert! ')' V.::.. th.l tr:'P. •'7 ItOTTF.'C: rtarc;hl,l.el::��n G:• U .'1l`•�'� r: 1+n . boy.:nri c' .,o' IC, 1 .c . :, ".'.dlr.tr i't a- ' in. , t'.•:re:r :L �:; c e: •a:• rt. t;.t. •� ^4' ott. •r (it ru— ie • ti LsLn V U 2 903 TY OF J 11 Minnesota Uniform Conv9ponel"s fihlnks (19711) Ir ol/vl Form No. 2a-M-OUITCLAIM DIED Individual 14 to Cor"ration or Portnorthip No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.— ,19 _ County Auditor by STATE DEED TAX DUE HEREON: $ Date Deput , 19 iata) FOR VALUABLE CONSIDERATION, Terris M Snal or ., an unmarried _man _ _ , Grantor (s), Imontal status) hereby convey (s) and qu!tclaim (s) to the City of Orono Grantee, a municioai cor'!oration under the laws of Minnesota , real property in _. min County, Minnesota, described as follows - That part of Lot 16, Block 1, "Bdldur Park", lying South- wesz(rly of a line d:_wn from a point on the Northwesterly line of said lot distant 5 feet Northeasterly from the Westerly corner of said lot, to a point on the Southeast- erly line of said lot. distant 1.5 feet Northeasterly from the Southerly corner of said lot. (if more space is mWed. continua on back) together with all hereditaments and appurtenances belonging thereto. r I/1IN"101" COUNTY of amarllm two 600 wes:t:rly of a line d:_wn from a point on the Northwesterly line of said lot distant 5 feet Northeasterly from the Westerly corner of said lot, to a point on the Southeast- erly line of said lot distant 1.5 feet Northeasterly from the Southerly corner of said lot. (if more space is needed, continue on beck) together with all hereditaments and appurtenances belonging thereto. 4MVINVIIgo M samown agoies 04M 1 M�►A — — ----- HSNNEMN COUNTY STATE OF MINNE TA ss. COUNTY OF The f goin instrumen a nowledged before by / CN t t !- FNOTARIAL STA1NT OR ttAL (OR OTHER TfT-LL OR RANK, t TWO INSTRUMENT WAS DRATTED NY (NAME AND ADDRESS): i I of_ I 19 'F -:; , _ J , Grantor (a). 6NATUR! Of 930N TAKING'ACKNOWLEDGMENT re■ ltstemenU for th set property described !n this Instrument should be sent to !include nun and address of Grantee) TO: Planninq Commissioi, Members FROM: Jeanne A. Mabusth, Zoning Administrator DATE: August 11, 1983 SU6JECT: #770 - Ronald Gehring - 1396 Baldur Park Road - Variance - Renewal Zoning District - LR-lC Application - Lot area and lot width variance a) Lot area Required - 21,780 sa. ft. Existing - 12,870 sq. ft. Variance - 8,910 sq. ft. or 41% b) Lot width Required - 100' Existing at shoreline - 50' Existing at road - 60' Variance at shoreline - 50' or 50+; Variance at road - 40' or 40% Renewal Variance Approved - March 20, 1972 - January 30, 1980 - November 30, 1981 Mr. Gehring has not presented a site plan with this application because he does not have a specific house plan as yet. fie would like the City to determine the limits of an approved building envelope and establish a hardcover limitation. Gehring will design s home to meet those standards. Staff recommendations: to approve the lot area and lot width variance application of Ronald Gehring to permit the construction of a single family residence based on the following findings: 1. The proposed building site will be consistent with the pattern of development of the surrounding properties. 2. There is no additional land available to combine with subject property. 3. The City has approved three similar variance applications for this property. 4. Sewer is available to the site. #770 - Ronald Gehrin5 August 11, 1983 Page 2 This approval is subject to the following conditions: 1. Improvements on the site (includes decks, patios, drainage, cement walkways, etc.) shall be limited to 2,280 sq. ft. of hardcover. 2. No structure (includes decks and patios) may not be located closer than 75' from the lakeshore in addition, the principal structure must meet the average lakeshore setback of houses on abutting lots. s-aff will designate required setback at time building permit is applied for. 3. The side yard setback of 10' must be maintained. 4. The street setback for the principal structure is 30'. special consideration should be given in location of the drive and garage in limiting unnecessary hardcover. 5. Applicant must quit claim deed that portion of Baldur Park Road that intersects the property area to include 3' maintenance ditch. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 15, 1983. 11acie 12 j765 RUDOLPH HOCH 2. Duck is an accessory structure and cannot be (CONT.) constructed until the principal structure is completed. A170 14C", GEHRING 1396 BALDUR PARK POAD VARTANCF. 3. Dock and boat slip to he placed so as tc, not cross the lot lines. Sime second-,]. Vote: Ayes (5) , Nays (0) . Ron Gehring was present. Mabusth advised of a phone call from the neighbor on the last side of the subject property noting his concern for the drainage along the steep bank. Mabusth noted that this is the fourth variance application on this property. Mabusth noted that the driveway would take up a considerable amount of hardcover. Rovegno noted that. the applicant could move the garage closer to road to cut down on hardcover? Gehring noted that it would make a nicer house with an attached garage. Mabusth noted for the record that any future decks or patios are considered hardcover and that the applicant would be limited tc concerning this type of construction. Kelley noted that he too would have a hard time approving a hardcover variance for a deck or pAtlo in the future. Callahan moved to approve the lot area and 1r' width variance application of Ronald Gehrinq t., permit the construction of a single family ►eei:ience based on the following findings: 1. There is no Arlditi<nal land available tc combi ie with subject property. the City has approved three similar variance applications for this property. 3. Sewer is available to the site. Approval is subject to the following conditions: 1. Improvements on the site (includes decks, patios, drainage, cement walkways, etc.) shall be limited to 2,280 sf of hardcover. MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 15, 1983. Pago 13 #770 RON GEHRING (CONT.) 2. No structure (includes decks and patios) may not be located closer than 75' from the lakeshore in addition, the principal structure must meet the average lakeshore setback of houses on abutting lots. Staff will designate required setback at time buileing permit is F.pplied for. #771 LARRY GRABILL 1350 REST POINT LANE VARIANCE 3. The side yard setL&ck of 10' must be maintained. 4. The streei- setback for the principal. structure is 30'. Special consideration should be given in location of the drive and garage in limiting unnecessary hardcover. 5. Applicant must quit claim deed that portion of Baldur Park Roars ► `%*it intersects the property area to i nr 1 ude 3' ma i i, l enance d itch . 6 No fut re variances will be granre,j to this property. Goetten seconder?. Vote: Ayes (5), Nays (A). Mr. and Mrs. Grabi 11 were present. Mabusth nc ' --d that the applicant intended to attach the garage to the principal structure which would inr-cease the hardcover. Kelley asked what th., applicants hardship was for the proposed incre<.se in hardcover? Mabusth noted the severely substandard pro perty and the location of the existing structu-e. Goetten noted that the shed beside the garage should be removed. Mabusth stated Chet if the existing foundation could not be used that he could pull back the house and build further back from the lake. Mabusth stated that the budding inspector eoi d lo(c k at the foundation and report as to the status of the foundation for their next meeting. Grabill noted that he would be willing to move the house back which would be better from him but that he was under the impressic,n that he had to use that existing toundation. He noted that if he pulled the house bark that he mighlbe limited in turnaround. Kelley moved to table the Larry Grabill variance application subject to finding out the statue ut the existing foundation from the Building lnspertc,r. Sime seconded. Vote: Ayes (5), Nays (0). CITY of ORONO Post(,:Mice Boa 66•Crystal Bay, Minnesota 5532.3•5lunicipaI Offices Telephone 473-7357 Ronald Gehring 323' Charles Lane M( ' MN 55364 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 8-15-83 --- Votes: _ 5 For _ Acainst Planning Commission recommends the following: Control No. 770 —_x— Variance Conditional Use Permit Subdivision, Preliminary Date of Notice _8-22-83 Approval: As submit,.ed X Approval: Subject to conditions noted Approval: Additional information: required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, cr further Planning Com^:fission study No action required NOTES AND SPECIAL CONDITIONS 1) Improvements on the site (includes decks, patio drainage, cement walkways, etc) shall be limited to 2,280 sf of hardcover; 2) No structure (includes decks a�iqios) may not_be located closer than 75' from th# lakeshore in addition, the principal structure must meet the average lakeshore setback of houses on abutting lots. Staff will designate required setback at time of building permit is applied for. 3) The side yard setback of 10' riust be maintained; 4) The Street setback fort principal structure is 30'. Special consideration should be given in location of the drive and garage in limiting necessary -har-d-cov-r-"-5T`Appiiclnt- iius-t"'-quit Clair" i3eecT-had por-f-fon of Balcur OKApplicant's next scheduled meeting is confirmed as: a-- -- -or- Planning Commission___-- Counc i 1 5eptemFier CApplicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the meetin.3 is �.____-------� or for the _ meeting. In 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 Administrator. If you des #! certified copies of the official Planning Commission Minutes they a ilable from the Huildiny and Zoning Sc,, retarr upori revie-,, and approval by the Planning Ccrrmission. TO: Walter :t. Benson, City :administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 7, 1983 £'IBJECT: #770 - Ronald Gehring - 1396 Baidur Park Road - Variance Renewal Zoning District - LR-lC Application - Lot area and lot width variance a) Lot area Required - 21,780 sq. ft. Existing - 12,870 sq. ft. Variance 8,910 sq. ft. or 41% b) Lot width Required - 100' Existing at shoreline - 50' Existing at road - 60' Variance at shoreline - 50' or 50% Variance at road - 40' or 40% Renewal Variance Approved - March 20, 1972 Approved - Januaty 30, 1980 Approved - November 30, 1981 Mr. Gehring has not presented a site plan with '-his application because he does not have a specific house plan as yet. He would like the City to determine the limits of an approved building envelope and establish a hardcover limitation. Gehring will design a home to meet those standards. Planning Commission recommendations: to approve the lot area and lot width variance application of Ronald Gehring to permit the construction of a single family residence based on the fol' .ing findings: 1. The proposed building site will be consig'ent with the pattern of development of the surrounding properties. 2. There is no additional land available to combine with subject property. 3. The City has approved three similar variance applications for this property. 4. Sewer is available to the situ. CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 5.5323•Municipal Offices Telephone 473 7357 Ronald Gehring 3215 Charles Lane Mound, MN 55364 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 8-15-83 Votes: _5 _ For Against Planning Commission recommends the following: Control No.�770� X Variance Conditional Use Permit Subdivision, Preliminary Date of Notice 8-22-b,i Approval: As submitted X Approval: Subject to conditions noted Approval: Additional information required before Cuuncil mee�ing Denial: For zeasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS 1) Improvements on the site (includes decks, patio drainage, cement walkways, etc) shall bu limited to 2,280 sf of hardcover; 2) No structure (includes decks and patios) may not be located closer than 75' from the lakeshore in addition, the principal structure must meet the average lakeshore setback of houses on abutting lots. Staff will designate suired setback at time of building permit is applied for. 3) The side yard setback of 10' must be maintained; 4) The Street setback for the principal structure is 30'. Special consideration should be given in location of the drive and garage in limiting unnecessary hhrdcoV-d . 3T" p iccant must qvit c-Ia :b---ffee-T-E a-fpor-Eion of Ba Applicant's next scheduled meeting is confirmed as. Planning Commission Cour►ci 1 September lJ Applicant's next. scheduled meeting is dependf.it upon receipt of `—� additional in!arm,ition. Deadline for. the meeting is -- --- --_ - ; or for the meeting. In all cases, the appli^ation must be continued with the submittal of requested information within ur the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional info-me'ion, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission Minutes they are avi ilable from the Bui ldin(3 and Zr-,niny Secretary ulx-,ri review and approval by the Planning Conmission. Park Road that intersects the property area to include additional 3' for maintenance. 6) No future variances will be granted to this severely limited property. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 7, 1983 SUBJECT: #770 - Ronald Gehring - 1396 Baldur Park Road - Variance Renewal Zoning District - LR-lC Application - Lot area and lot width variance a) Lot area Required - 21,780 sq. ft. Existing - 12,870 sq. ft. Variance - 8,910 sq. ft. or 41A b) Lot width Required - 100' Existing at shoreline - 50' Existing at road - 60' Va-iance at shoreline - 50' or 50% Variance at road - 40' or 40° Renewal Variance Approved - March 20, i972 Approved - January 30, 1980 Approved - November 30, 19— Mr. Gehring has not presented a site plan with this application because he does not have a specific house plan as yet. H; would like the C_'ty to determine the limits of an approved building en -,,:lope and establish a hardcover limitation. Gehring will design a home to meet those standards. Planning Commission recommendations: to approve the lot area and lot width variance application of Ronald Gehring to permit the construction of a single family residence based on the following findings: 1. The proposed building site will be consistent with the pattern of development of the surrounding properties. 2. There is no additional land available to combine with subject property. 3. The City has approved three similar variance applications for this property. 4. Sewer is available to the site. Ronald Gehring — b '70 September 7, 1983 Page 2 This approval is subject to the following conditions: 1. Improvements on the site (includes decks, patios, drainage, cement walkways, etc.) shall be limited to 2,280 sq. ft. of hardcover. 2. No structure (includes decks and patios) may not be located closer than 75' from the lakeshore in addition, the principal structure must meet the average lakeshore setback of houses on abutting lots. Staff will designate required setback at time buildinr, permit is applied for. 3. The side yard setback of 10' must be maintained. 4. The street setback for the principal structure is 30'. Special consideration should be given in location of the drive and garage in limiting unnecessary hardcover. 5. Applicant must quit claim deed that portion of Baldur Park Road that intersects the property area to include 3' maintenance ditch. 6. No future variances will be granted to this property. Please review the staff resolution that incorporates these findings and conditions of app-,)val. Granting A Variance to Municipal Zoning Code Section 34.SS2 - File 770 Whereas, Ronald Gehring is the owner (hereafter "owner") cf the property located at 1396 Baldur Park Road within the City of Orono (hereafter "City") and legally descrioed as Lot 16, Block 1, Baldur Park (hereafter "property"); and Whereas, the owner has applied to the City for variances to municipal zoning code section 34.552 to permit construction of a principal residence on a property that consists of 12,870 square feet instead of the required 21,780 square feet and has 50 feet of lot width instead of the required 100 feet. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. 'Phis application was reviewed as zoning file no. 770. 2. The property is located in the LR-lC Single Family _akeshore Residential zoning district. 3. The Orono Planning Commission reviewed this application on August 15, 1983, and recommended approval of the variances as proposed based upon the following findings: a) There is no additional land available to combine with the property. b) The City has approved three similar lot area and lot width applications for the property. c) The principal structure will be constructed per the required setbacks of the LR-IC zoning district. d) Sewer is available to the property. e) A residence had existed on the property at one time. 4. The City Council has considered this application incIudinq the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the ?f fect cf the proposed var iances on the health, safety and welfare of the community. S. The City Council finds that the conditions existing on this property are peculiar to it and do not apply genera' ly to other property in this zoning district: that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate ademonstrable 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, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Section 34.552 to permit construction of a principal residence on a property that consists of 12,870 square feet instead of the required 21,780 and has 501 feet of lot width instead of the required 100 feet subject to the following conditions: 1. All improvements on the site (this includes decks, patios, driveways, hard surfaced walkways, etc.) shall be limited to 2,280 square feet of hardcover. 2.. No structure ( includes decks and patios) may not be located closer than 75 feet from the lakeshore and the principal structure must meet the average lakeshore setback of houses on adjacent lots. 3. Applicant to quit claim deed portion of Baldur Park Road that intersects the property, area to be deeded must include an additional I feet for maintenance. 4. No other variances are granted or will be permitted in the future for this structure or for the property. 5. Authorities granted by this variance run with the property not with the owner, but are permissive only r id must be exercised byapplicAtion for Abuilding permit withinone year of thedateof Council approval, or this variance will expire on that date (September 12, 1984). 6. Violation of or noncompli:3nce with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automaticalIyterm inrteany authority granted herein, and shall be purishAble 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 assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1983. ATTEST: CITY OF ORONO City Clerk Mayor Property Owner(s) V - ( 2 ) Property Owner(s)~— (3) Property Owner (s j , - ---^ ---- -�---- _____ STATE OF MINN,'GOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Publ is within and ova I d County, personally appeared known to me to e the person(s) described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES+� STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this _ day of 1981, before me a Notary Public within and for County, personally appeared known to be the person(s) described In and who execute t e-Torego'ing instrument, and acknowledged that he ( they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public within and of r sa I d County, personally appeared known to me to e the person(s) described in an —wFo executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY OMMISSION-EXPIRE _ This document is being recorded for the benefit of the City of Orr ^nc per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 12, 1983. PAG E 8 #769 LAKE MINNETONKA City Engineer Cook noted that anc'ther option is running another road through which w 'In' t be good planning. Cook noted that Watertown , -st undesirable with 5 curb cuts onto it but tha ng range plan shows that Orono will not have as _ Fis numbers on those roads. Cook noted that from a safety point of view thc,se additional curb cuts don't pose a hazard. Acting Mayor Frahm moved, Councilmember Grabek seconded, to table the Lake Minnetonka Homes application until the applicant can attend the meeting. Motion, Ayes (4), Nays (0). "RESOLUTION #1524 #770 RON GEHRING 1396 BALDUP. PARK Rn VARIANCE Zoning Administrator Mabusth noted that Ron Gehring had signed off on the Resolution. Councilmember Hammnrel moved, Councilmember Grabek seconded, to adopt Resolution 11524, A Resolution Granting A Variance To Municipal Zoning Cou. "ection 34.552 to permit construction of a principal residence on a property that consists of 12,870 sf instead of the required 21,780 sf and has 50 feet of lot width instead of the required 100 feet, subject to staff s resolution. Motion, Ayes (4), Nays (0). 1771 RICHARD ..UCKMAN 3995 NORTH SHORE DRIVE CONDITIONAL USE PERMIT Richard Zuckman, Scott Mann and the current owner Mr . Maciosek were present. Mabusth noted that Mr. Zuckman is in the process of buying the land. Richard Zuckman noted his concerns with staff s recommendation and noted his problem with the phasing out of the buildings. Zoning Administrator Mabusth noted that 3t one time or another all the structures may be removed. Mabusth n.)teca that at one time any (,f those structures may be deemed uninhabitable. Acting Mayor Frahm noted that there are 7 residential units on an acr(' and a half and that the City should eventually bring the property back to code maybe by setting a phase cut schedule. Councilmember Grabek noted that the City s' put the applicant on notice that if the Ruildino cial deems any of the structures :n. habit the buildings will have to be torn down immediately. CITE' of ORONO Pusl Office Box 669Cry•stal Kay. Minnesota 553238Municipal Offices Telephone 473.7357 TO: Ronald Gehring 3215 Charles Lane Mound, MN 55364 Copies to: Control Nr�� Meeting Date 9-12-83 Notice Date 9-16-83 X Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final C00414-1I ACTION Vote: 4 For Against Abstention MOTION _ to approve your variance application subject to the findings and conditions setforth in the resolutions or. File at the City offices. The resolution cannot be filed until you complete the quit claim deed for Baldur Park Road right of way. Please brino the legal description of that right of way to the offices and I will draft the quit claim deed. Please call to make arrangements to have your wife sign the three original resolutions. **7k****;'c;Ys:-;lr4c;Y;'c;'rx:Y;'c;c-'-ic,b•'c;Y:'c•'-�c•'--'--'-•'-Y•.'c::-:c:c:c:c;Y :'::c;:•:c::;'c:c:c:r;'c;'c;Y:Y�c:`::c..,. ksc..:..c,::'c�C�c:Y;Y:4�F;:*****4t;1nk* DEADLINE DATE 9-12-84 for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). X for Work Permit for work to begin for work to be application completed WORM PERMITS ARE REQUIRED - contact Building Inspector before beginning work . `7ARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL. USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. GORDOvJ R. COFFIN LAND SURVLVOR ANO F-I.ANNKH 3025 WATERIOWN R(-?.Lj LONG LAKE %UNN Onl-if, 4i.3 41.11 I I -;, . _R? �k s c - I i -n for Te., ri ' . '-. j I - r 1r, Lot I PICrK 1, 9a! . r earic RPL rm, pJ r; Cour, ty , YJ nrie - fA "Pale.ur Aric", lying Soutl-.- werto-ri.,, Aa draw- f--:r a vc-int. nn thp, 1;orftueLterty sa!d Int 1r,rt' -arturly from the er,';' air" !'iltant I. f"pt Nnrtneointivrly frfim tt-"rjy rorr;f..:- r,,' sc!a lot. Telephone 473.7357 CITY of ORONO 114,st Office Box 66*Crystal bay, Minnesota 5532;1*Municipal Offices On the North Shore of Lake Minnetonka December 6, 1983 Ronald Gehring 3215 Charles Lane Mound, Minnesota 55364 Dear Mr. Gehring: Please call my office at your earliest conve.,ience in regard to the filing of the City resolution approving your recent variance application. Sincerely, `14� Q . ^.,V, Jeanne A. Mabusth Zoning Administrator WAYNE G POPHAM ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDCN G. MARC WHITEHEAD BRUCE O. WILLIS FREDERICK S RICHARDS G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK HUGH V. PLUNKETT. !U FREDERICK C. BROWN THOMAS K. BERG POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY LTD. 4344 iDS CENTER MINNEAPOLIS, MINNESOTA 55402 TLLEPwONE AND TELLCOFIER 612-333-4800 BRUCE D. MALKERSON JAMES R STEILEN JAMES B. LOCKHART ALLEN W. HINC51CRAKER CLIFFORD M. GREENE O. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN THOMAS C DAOUILA LARRY D. ESPEL JANIE S. MAYERON DAVID A. JONES LEE E. SHEENY LESLIE GILLETTE MICHAEL T. NILAN Ms. Jeanne Mabusth City of Orono Box 66 Crystal Bay, MN 55323 ROBERT C. MOILANEN STEVEN G. HEIKENS THOMAS F. NELSON THOMAS J RADIO KATH,EEN M. MARTIN JOHN C. CHILDS JGLAS P. SEATON BRUCE B M(PHEETERS GAR♦ D BLACAFORD SCOTT E RICHTER GREGORY L WIIMES EL'2ABETH A THOMPSON OF COUNSEL FRIED L. MORRISON December 30, 1983 Re: Gehring Variance and Sadler Deed Dear Jeanne: 2060 PETRO LEWIS TOWER 717 SEVENTEENTH STREET DENVER,COLORADO 60202 TELEPwONE AND TEIECOFIEA 303 292 2660 SUITE 002 2000 L STREET, N. W. WASHINGTON, D. C. 20036 TF L[KwOhE AND TELtCO•IEK 2G7 667 -SIS• AIN 3 MUF . OR01-10_..,J ?lease be advised that the Gehring variance and the Sadler deed were recorded in the Hennepin County Recorder's office. The variance was filed on December 16, 19L-13 as document 1'852251. The Sadler deed was filed on December 28, 1983 as documeu_ $4854537. I will return the recorded documents to you once I receive them from the Register of Deeds. Very truly yours, S.. L.an+ry E. usnik Legal Assistant NEH/jf 3657j