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Home My WebLink AboutProject PacketORONO CITY COUNCIL MEETING lVIINUTES FOR MAY 24, 1999 (#2466 James Renckens/John Winston, Continued) · City Attorney Barrett stated because the motion was unsuccessful, the application for a subdivision has been declined and that a resolution stating the reasons for the denial should be brought back before the City Council at its next meeting. The Applicant would then be required to wait six months before a new application can be submitted since this variance was denied. Mayor Jabbour indicated that he does intend to vote on the new application, noting that he abstained on this matter tonight because he has made an offer on this property for his daughter. Kelley inquired whether the Applicants would be required to go back before the Planning Commission. Mayor Jabbour stated a new application would need to be submitted to the Planning Commission. *(#11) #2469 STEVEN AND JO WEBSTER, 500 ORONO ORCHARD ROAD SOUTH - VARIANCES -RESOLUTION NO. 4292 Sansevere moved, Flint seconded, to approve. and adopt RESOLUTION NO. 4292, a Resolution Granting Variances to Setbacks to Allow a Residential and Garage Addition to the Existing Residence Located at 500 Orono Orchard Road South. VOTE: Ayes 5, Nays 0. *(#12) #2483 TRENT REZABEK, 3200 BAYSIDE ROAD -VARIAN CE RENEW AL - RESOLUTION NO. 4293 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4293, a Resolution Granting Variances to Permit Construction of an 8' by 12' Entryway Addition to the Existing Residence Located at 3200 Bayside Road. VOTE: Ayes 5, Nays 0 . . (#13) #2484 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD -CONDITIONAL USE PERMIT . . Mayor Jabbour moved, Peterson seconded, to table Application #2484 to the June 14, 19 99 City Council meeting. VOTE: Ayes 4-0-1, Kelley Abstained. 15 ORONO CITY COUNCIL MEETING MINUTES FOR MAY 24, 1999 *(#14) #2485 ALEX AND CATHY JOHNSTON, 940 BROWN ROAD SOUTH - CONDITIONAL USE PERMIT -RESOLUTION NO. 4294 . Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4294, a Resolution Granting a Conditional Use Permit to Allow a Guest House for Property Located at 940 Brown Road South. VOTE: Ayes 5, Nays 0. *(#15) #2487 ROBERTA A. ROTH, 1251 BRIAR STREET -VARIANCES - RESOLUTION NO. 4295 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4295, a Resolution Granting Variances to Permit Removal of an Existing House and Construction of a New Residence on the Existing Foundation for Property Located at 1251 Briar Street. VOTE: Ayes 5, Nays 0. (#16) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD-VARIANCES- RESOLUTION NO. 4296 Katherine Taylor was present. Barbara Pugh, property owner, was present. Weinberger stated that the Applicant is requesting several variances to construct a two-car garage where a one car garage exists and attach a deck to the second garage on the property. Currently there are two garages on the property, the first is a one-stall detached located on Tonkawa Road and the second is a two-car garage attached to the house. Weinberger stated the property owner had converted a cabin into a year-round residence and that this property does contain a higher water table. Weinberger stated the one-stall garage is presently located 2.3 feet from the property line and would require variances to the side yard setback and street setback to add a second stall to the garage. The second option that is before the City Council tonight is proposing to construct a two-car detached garage which would require a variance to the existing hardcover. This garage would replace the existing one-stall garage located 10 feet from Tonkawa Road. Weinberger stated the second portion of this application is requesting a variance to construct a second story deck and spiral staircase to the existing residence. These improvements have received building permits and are currently underway. A hardcover variance is being requested to allow the deck to be located within the 75-250' setback from the lake. This will be new hardcover that will not increase the amount of hardcover because the deck will be located over existing hardcover. 16 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Planning Intern DATE: May 10, 1999 SUBJECT: #2483 Trent Rezabek 3200 Bayside Road Variance Renewal --Public Hearing Zoning District: LR-IA One Family Lakeshore Residential District (2 Acres) Lot Area: 49,005 s.f.* (Approx. 1.1 Acres) *(65,340 s.f.-easement= 49,005 s.f.) Municipal Sewer Application: The applicant is requesting a variance renewal for a front yard setback variance for the property located at 3200 Bayside Road. The previous resolution (File #1371) was adopted March 1989 and expired on March 13, 1990. The applicant is proposing to construct an 8' x 12' entryway on the south side of the existing residence. The existing residence is located entirely within the required front yard and street side setbacks, therefore any additions to the existing residence requires a variance. This application requires the following variance: 1. Section 10. 23, Subdivision 6 (B): To permit a front yard setback variance to allow an 8' x 12' entryway to be constructed on the south side of the house 18.4' from the front yard where 50' is required. #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5/10/99 Page 1 ANALYSIS Pertinent Ordinances: • Section 10 .23: LR-lA One Family Lakeshore Residential Zoning District. Lot Area and Yards: LR-lA Lot Area Lot Width Front Yard (2 Acres) Required 87,120 s.f. 200' 50' Proposed 49,005 s.f.* 165' 18.4' * Area is 65,340 s.f. -33' easement= 49,005 s .f. Structural Coverage: Total Lot Size Total Structural Coverage Percentage 49,005 s.f. Allowed: 7350.75 s.f. 15.0% Existing: 1892.50 s.f. 3.9% Proposed: 1988.50 s.f. 4.1% Statement of Hardship: The applicant should be asked for his testimony regarding this issue. #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5110/99 Page2 Side Yard Adj. to Street 50' 33.8' g :·' 33 ,. , , . ·,.n.oo..-· ' l-1' [J) Fi ·. ~- ~ 1ft r LP 2l ~ -• "fo · D .b. [i1 &'. f. :0 • i}'· ri ... Al.4 ··-- i".·' Sou\h 330.00 •.. . · .-: --.. ··~(-~~ .:· .. ":;· ~ ~ .. ;,; .•. '• l~ .-"":·· .. ' I ·!c ,·. •.·, .. = ~~•rf: ~ ~:~:i; ~J-~-.·~ __________ ...._ _____ ... ·_£.!_,J_\_int. __ .,\_\h_t._~_E._l.!_4...:,_~ __ ._'=> __________ -::i\· •• _' _ ~ll'LP~S° •. ---1Jodh 330.0--- . ~"'!.-~ ~ ~ _."? . ~ :> -:> ... I.I) r"'· ~-.. s· 9- LEAF ~ C ·::; :> 0 D-:> ., H 0\ • I l • ·! 0 · ... ,; ,... m en > r 0 m en n ::0 H "'O -f H 0 z -· ST. : I I • ...J ____ __, ... __ EJ c=i c.=J __ , __ . ..., ... ~(Q uu ~'~ ~-.. tr.·:":,.;.-~:.\-··.·:·";'!~ .. : .' '.~ ~/' :, u"l ~-H -·.ii .,-r-:-;~ c::~.r .. ,,.. 'l V.. .. r;,. c::I~ . - Issues for consideration: I. The existing residence is located entirely within the required front and side street setbacks, andtherefore any addition to the existing residence requires avariance. 2. The exlsting residence is unusually close to the front and side street lot lines, which is generally unusual for properties in the LR-IA zoning district. 3. Other issues raised by planning commission. Staff Recommendation: • Staff recommends approval of the variance. • The special conditions applying to this structure are peculiar to this property. • Granting of the variance will not alter the essential character of the locality. Attachments A Application B Site Plan/Survey C Addition Plan D Plat Map E Location Map F Site Topography G Property Owners List H Pennit Record I Approved Resolution (File #1371-March 1989) #2483 Trent Rezabek 3200 Bayside Road Variance Renewal 5110/99 Page3 CITY OF ORONO -VARIANCE APPLICATION Initial Applica,tion Fee .. $2.50.00 · ·· ·• · · ($5CLOO per each·_.adqitional . variance) : Renewal Variance Fe·e $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Site Address \ \ \ \ Application#_J.._t/.,......i_3~- Date Received _..~ ...... ~-1 _,z ¢J'""'~"""~'---- Amount Paid /SO ------ Property Identification Number .I.D.) ()5-I J ·7-..:i. 3 -I c..f. -o 00'7 Attach legal description to application if not included on required · survey. Date P,Jt~Acquired. __ -L;:...,:aCE-~...L.s?S..!,L_. _____________ (month/year) I (do) do no ~ also own the adj~cent parcels of land. Present use of property: __tL_residential __ other (specify) ____ ~----- Zoning District:._...:::L=R'-=----_,_/....LA....,__ ___________________ _ APPLICANT A Name · £Ceo±-ezahe)I . Address: Voe> ~Cl V We · I!/. . ~ t . Phone(home) 2 L/q-057/l Phone(work) ,;lC(Q-1317 City: C)::ono Zip: '"££:::1S:b 14 '··. OWNER (if different than applicant) Name ---------------- Phone (home). _______ _ Phone (work) ,eJ,M2s""\ Zip: f if ·-~ Address: -------------City:________ -----1...-:1 ,,s:,a ~.:, i..:.:J ~ DESCRIPTION OF REQUES~ .J .ii / ,i°E~im~d Co~~on Cost $ _______ ; 1 r../f-~ __ .. t __ ._:_:._·/7.;;;_:_,i .. Describe request in detail: ,cf_aa 'a.YI~ L:!:f1n'/ ~V 1 ·~:~~·.0..;··< i;~-;·;,: ------------------------------- VARIANCES REQUIRED · Lot Area '. .. / Setback: (attach additional sheets if necessary) Lot Width Hardcover Side Rear Lot Coverage --_,,..,;:-,~ ~. r ·~-~--\ ~-i Average Lakesho(i .-'l··\\. f/ . ·~ ~ __ Other (specify)----------------------~~-.. 9 ;::,~· ~ HARDSHIP/DESCRIPTION OF UNUSUAL PROPER1Y CONDffiONS . Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ (attach additional sheets if necessary) 6 I ,, .. I I . I ll.J ~ '3<10 ~ OS-117- O> I'<') ' [() -If 12 "- ~ "- 2 ( 59) ) IB ~ ('3) I r--: ' ' I'<') 310 ·. I I'<') ' Covr ~ r-~o~.f 13 ~ 310 ~~ R ID)[E W(Q)(Q) D 277 WEST <~ C/.f 115 57 75 I LW -<-------;;, r. P.AR T 0 OF u; LOT ( 5) 16 I I I I I I I I I I I I I I I I I I I 424 WEST '31 . 15 ( 6) 21 57 75 I -----·····--·t·-··---···--.... -2 4 2 ---·------- :ST I '31 "\ .J 29 05-111-~.3- / 8 16) 9 C 17) ~/ 21'3 240 I 480 I 11 I ( 19) 10 ( 18) 240 ~- a:) en r- ...; N - 0 r- 1....,-'330. 91 - 33 N ::c f>' t-a:: ~ 0 z 0 a:) 28 (8) r- "<I" ~ 3'3 g ( ) -~ I'<') ------9o. -----J: ,., ..... " .z ( 1 -f" \~ \ tf ' . ' ' ' ' N ;-.J 0, .... . • 637 ~(7) ~ , .. ···312. t --···· 3:: c.,l =- ~ ~J co CD "<I" t<i 0 0 z ' ' ' ' I ,'c.-:,· /~ , ... . ,,~ ~ ---:~ --/ 'o'o f;:; d (7) 2 (8) ' ' (\ 15< :::j c.n c,, ... ~ OlD ~ ~ hr "'C' ~· t) coGAMDER RO 0 C. 0 LS END RD WEST UJCE ST _ .. Cit D I:: "' = Cit ~~ .~ :ae BAY V I ~ I : t: ::. ,::, m • C, HS:> no • • ' ' ' ~ • R, S:fl · RIIM • • • ' ' ' ' ' RD 4800 • ' • • • • ~· ·.~· • I ., I • I ' ' B '" • I • • • 4400 I I I n :ii • I • • I • I • • • • • • ' 00 • ' ' ' • ' ' ' ' ' 4000 ,' ' ' ' • 0 ' ' ' ' ' ' n = ..: 8 "' .. . .. ~~ 0 :JJ 0 z 0 N GOLDEN VlEW Ii DR -·· ·--·· .. - ' ' ' ' ' ' I ORCHARD PARK RD STUBBS BAY RD N I I • I > ~ l .! > ; ... > D· a a ·lhlh• ~ J:= ~ ca ~ '" 0 ... *d'L\i;o ~. ~ 100 ~ fu ~ ' -.. -........ ·t.~ Co NE T 1 HENN I · Or on Date ef , ~I J.EJU N. I a..,, Cit,. W'U&2 ..... ~ ·HORI Z \9. I...:. I . \,._. .. RUN DATE 03/30/99 BATCH 503 · · PROP ' ADDR . OWNER NAME . · TAXPAYER , NAME/ADDR .PROP ADDR OWNER NAME TAXPAYER . HAME/ADDR PROP ADDR OWNER NAME · TAXPAYER NAME/ADDR PRO~ ADDR · OWNER NAME · TAXPAYER · NAME/ ADDR .38 ·04-117-23 23 0008 00340 LEAF ST . T J TERRY &.G J GEHRING THOMAS . TERRY . 340 LEAF ST LONG LAKE MN 55356 38 04-il7-23 32 0007 03190 SUSSEX RD J D·KENNEY . & ti J KENNEY JOHN DKENNEY/tlARY J KENNEY . 3190 SUSSE)( RD LONG LAKE .HN 55356 38 05-117-23 14 0006 03240 · BAYSIDE RD 'D & B BOYLAN · DDHALDK BOYLAN '3240 BAYSIDE RD LONG LAKE MN 55356 . .38 05-117-23 41 0017 .03225 BAYSIDE RD ·RB & V O,SHELDOM , RONALD . B SHELDON . 3225 BAYSIDE ·RD . LONG LAKE MN 55356 · HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 23 0009 00360 LEAF ST H C FURCHNER JR ETAL . HENRY FURCHNER 360 LEAF ST LONG LAKE MN 55356 38 04-117-23 32 0008 03160 SUSSEX RD KYLE ti LEWIS KYLE ti LEWIS ,14055 37TH AVE N PLYMOUTH .MN 55447 38 . 05-117-23 14 0007 03200, . ·BAYSIDE .RD TA REZABEK & SL REZABEK TRENT A REZABEK 3200 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 41 0018 03211 BAYSIDE ·RD ~A & T J F LUNDELL ; JAMES & TRACEY LUNDELL 3211 BAYSIDE RD · LONG LAKE MN 55356 REPORT NO. PI435401 38 04-117-23 .23 0010 , 00400 LEAF ST RA & DC RYAN. PAGE 7 ROBERT A & DELORES CRYAN 400 LEAF ST LONG LAKE MN 55356 38 05-117-23 ·14 0003 00345 LEAF ,ST . TONY EIDEN COMPANY TONY EIDEN COMPANY 4100 BERKSHIRE LAN PLYMOUTH MN ·55446 38 05-117-23 14 0059 00375 LEAF ST DH CROWTHER & SJ CROWTHER DH CROWTHER & SJ CROWTHER 375 LEAF ST LONG LAKE ~N 55356 TOTAL BATCH 503 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOWLEDGE AND BELIEF. ~ . . DATE 2-:3/,91 BY/ "%. #··:i ~ .. I, 0 @ ,,' .... ~f·~ /.? .. J.~-:; .. ,,-..... Ao.'/ ,s ··~J:i'' . .@ /. 't{~ .l1 L1 ~!\t-~·~~J:il .lfrl . ~c.Jt'..Jll rr:4\ I .".-» .~;i~~-C~!;~~~- ~l ~ l.'!:.l;?rz:-7 0 ' ia:r-s 'i'· ~e <J ~tJ.1- ·'-9 ~ ~ ~ ~ PERMIT RECORD Permit No. Date Type of Permit -H 5522336 Cit.y o f . ORONO RESOLUTl:lN OF THE CITY COUNCIL NO. 2589 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23~ SUBDIVISION 6 FILE NO . 1371 ··.,~ .,· (B;} ,: WHEREAS, Robert Minkema (hereinafter ~the applicant") is the owner of the property located at 3200 Bayside Road within the City of Orono (hereinafter "City"} and legally described as follows: Lot 14, Auditor5 Subdivision #203, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the =onstruction of additions to his existing residence, which additions will be located less than the required 50' setback from the front street lot line and less than the requirc.d 50' setback from the side street 1 ot line. NOW, THEREFORE, BE XT RESOLVED by the City Council of ~rono, Minnesota: FINDINGS 1. This applicati~n was reviewed as Zoning File #1371. 2 . The ~roperty is located in the LR-lA Single Family Lakeshore Resid~ntial Zoning District. · 3. The Orono Planning Commission reviewed this ai:plication on February 21, 1989 and recorr.m~nded approval of the proposed variance based u~on ·the foll0wing findings: a . The ex i s ting res i den c e i s 1 o cat ea en t l re 1 y within t h~ required front and side street setbacks, and therefcJre an :. additions i:o the existing residence require a variance. b. The rlight of the landowner is duet::> circumstnnccs unic:·:r to this ~ro!=erty not created by the landowner. c. Grantino of the variance will not alter the cssent 5- char~cter of fhe locality. d.· The sr:-ecic::.l c-onditic;ns a1,:rly.i.ng to this ~tn:c~:1 .1:-0 reculiar to this ~rorerty. City o f ORONO RESOLUTION OF "rHE CITY COUNCIL NO. 2589 r ..... ~ . e. The existing residence is unusually close to the front and side street lot lines, which is unusual for properties in the LR- lA zoning district generally. f. Granting of the variance is necessary for the preservation ~nd enjoyment of a substantial property right of the applicant. g. The granting of the proposed variance will not in any w~y impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. h. The granting of this variancP. will not merely serve as convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. &. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance3 on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are pecullar to it and do not apply generally to othe~ r roperty in this zoning district: that granting the. variances wou 1 d not adversely affect traffic conditions, light, air nor t:ose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty1 is necessary to preserve~ substantial property right of the apt:licant; and would be in keeping with the spirit and intent of the Z~ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER ARD CONDITIONS Based upon the above iindihgs, the Orono City Council hereby rr znts a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) ~c Fermit the construction ~f additions to t~e existing residence which ~ill be located 33.8' from the side street lot line where a 50' side stre~~ s0tback is normally required, and 18.4' from the front lot line where a 50' frcn: setback is normally req~ired, subject to the following conditions: 1 . J\ n y ch an g es t c the s i t c r l an ( a t tac he d her e in a s Ex hi bit A ) w h ~ ': ' \o:i 11 r lace the residcntia l additions c 1 oser to the affected lot 1 j _ .,,, .. thnn the ~ro~osed ~ethack~ will require addition~! ~eview by th~ Cf'· Fnge 2 cf 4 Cit)i~ of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2589 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by ~pplication for a building permit within one year of the date of Council approval, or this variance will ex1=ire on that date (March 13,1990). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the ZQning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. the Orono City Council on this 13th day of March, ;TATE OF MINNESOTA ) ) ss. :oUNTY OF HENNEPIN ) · l -The f ·orem,ng instrument was acknow~dged before me on this . ')TI./ day ofARCU , 19.QL, by ,Tames R. GraLek F., J~y M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesot~ nunici~al corForation and said instrument was executed on behalf of th~ ~. ~ ~i .... y. C'.1.··· <':. •" •·,-I;. • ; I N.; :.· ... ~·:.: HE!"l~!ra ,, CC;~:;, .•A <"~,..-~.;,.;:~ ,-,,~, .. , ".r-.,;L..(___ My Commiss ·~~Ne.s-------.-., .. __ .. Pnge 3 of 4 City of ORONO RESOi.UTION OF THE CITY COUNCIL NO. 2589 SThTE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /lo-Jd.°' day of fY)()._.,y--Q}.. , 198_~( before me a Notary Public within and for said county, personally appeared ··!£(( ... :£) ~ kob .. ~:-Lt ())iopma, --- known to me to be the oerson(s) described in and who exer.uted the foregoing instrument; and acknowledged that he (they) executee the same as his (their) free act ~nd deed. · NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On thi5 day of , 198, before me ~ Notary Public within and fer said County, personally appeared kno\.:n to me to be · the person(s) described in and whc executed the foregoinginstrum~nt, 3nd acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC ---------·-·-----MY COMMISSION r:n: (R..t:S l\HTC' 4 of 4 LA ----=·' t.f off ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 #2169 MICHAEL RENARD, CONTINUED Tonkawa Road, for an amendment to variance based on the fact that no hardship has been demonstrated. VOTE: Ayes 4, Nays 0. · Item #3 follows Item #6. NEW BUSINESS: PUBLIC HEARINGS (#4) #2483 TRENT REZABEK, 3200 BAYSIDE ROAD-VARIANCE RENEWAL, 6:50 p.m. - 6:56 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Trent ~ezabek was present. Weinberger stated the Applicant is requesting a variance renewal for a front yard setback variance for the property located at 3200 Bayside Road. The previous resolution was adopted in March of 1989 and expired on March 13, 1990. The property was subsequently sold and the addition never built. The Applicant is proposing to construct an 8' by 12' entryway on the south side of the existing residence . The existing residence is located entirely within the required front yard and street side setbacks, which requires a variance for any additions to the existing residence. This property is located within the LR-1A, One Family Lakeshore Residential District, which has a minimum of two acres. The property is comprised of approximately 1.1 acres. City Staff is recommending approval of this application, noting that special conditions applying to this structure are peculiar to this property. Weinberger stated that it is impossible to construct an addition without encroaching into the setback. Hawn inquired whether the addition would be constructed on a cement pad. Rezabek stated that an engineer will be out to look at the building pad to determine whether it is a floating pad. Rezabek remarked that he probably will remove the old pad and put in a new foundation. Weinberger stated that the Building Code would require a new foundation with footings . There were no public comments. Lindquist moved, Peterson seconded, to recommend approval of Application #2483, 3200 Bayside Road, to permit a front yard setback variance to allow an 8' by 12' entryway to be constructed on the south side of the house 18.4' from the front yard where 50' is required. VOTE: Ayes 4, Nays O. Item #5 follows Item #3. Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 #2169 MICHAEL RENARD, CONTINUED Hawn inquired of the Applicant what he felt the hardship was. Renard stated that they have outgrown the present shed: noting that he would like to store his two trailers inside to prevent premature deterioration of the trailers . Renard commented that he has kept the new shed at a minimum size, noting that his one trailer is 20.5 feet, and has attempted to make this new shed as conforming as possible. Hawn remarked that the topography of the land normally causes the hardship and not the needs of the Applicant. Hawn noted that there is an improvement by removing the shed within the setback. Lindquist inquired whether the Applicant would be able to reduce the hardcover to 25 percent. Renard stated that a major addition to the residence was added approximately two years ago which makes it very difficult to reduce the hardcover on the property . · Stoddard suggested that perhaps the driveway could be reconfigured or reduced, noting that he would like to see the hardcover reduced somewhat. · Renard commented that they have to access onto County Road 35, which makes the driveway turnaround a necessity for safety reasons. Stoddard remarked that he would not request that the turnaround be removed, but perhaps other steps could be taken to reduce the driveway somewhat. Renard expressed doubts that he would be able to reduce the hardcover any further on this property, noting that it originally was at 28 percent and he has reduced it to 26.7 percent. Renard commented that he would like to keep his trailers inside so they would be out of view from the neighbors. Lindquist commented that perhaps the condition be added that no additional hardcover will be allowed on this property. There were no public comments . Hawn stated she does not see a hardship, noting that the code requires that a hardship be demonstrated in order for the variance to be granted . Stoddard commented that he would like to give the Applicant the opportunity to review his plans to reduce the hardcover somewhat. Stoddard noted that the Planning Commission has become more conservative over the years on the amount of hardcover allowed . Stoddard remarked that this application could be acted on tonight or be tabled to give him some additional time to submit revised plans . Renard stated he would like the Planning Commission to act on his application . Renard stated in his view the amount of hardcover remains with the property and not with the property owner. Hawn remarked that the variance is granted for one year. Renard stated unless acted on by a building permit, which is stated very specifically. Renard requested that the application be voted on. Hawn moved, Lindquist seconded, to recommend denial of Application #2169, 1185 Page 3 Application Date: Completion Date: 60 Day Deadline: 4/12/99 4/12/99 6/11/99 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Planning Intern Administrator Reviewed: Item Description: #2483 Trent Rezabek 3200 Bayside Road Variance--Public Hearing DATE: 5/20/99 ITEM NO.: Agenda Section: Zoning Zoning District: LR-lA One Family Lakeshore Residential District (2 Acre) Lot Area: 49 ,005 s.f. or approx. 1.1 acres Application: The applicant has requested a variance renewal for a front yard setback variance for the property located at 3200 Bayside Road. The previous resolution (File # 1371) was adopted March 1989 and expired on March 13, 1990. The applicant has proposed to construct an 8' x 12' entryway on the south side of the existing residence. The existing residence is located entirely within the required front yard and street side setbacks, therefore any additions to the existing residence requires a variance. This application requires the following variance approval: 1. Variance from Section 10.23, Subdivision 6 (B) : To permit a front yard setback variance to allow an 8' x 12' entryway to be constructed on the south side of the house 18 .4' from the front yard where 50' is required. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to O vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX:(612)249-4616 TO: Trent Rezabek 3200 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: DATE OF MEETING: 5/17/99 Variance ZONING FILE #2483 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 18, 1999 COPIES TO: VOTE: 4 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted . NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as : City Council May 24, 1999, meeting starts at 7: 00 p. m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission . X:\APPS\WPWIN60\ WPDOCS\CAROLE\PCACTION\2483 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE #2483 WHEREAS, Trent A Rezabek (hereinafter "the applicant") is owner of the property located at 3200 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 14, Auditor's Subdivision #203 , Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 17, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit construction of an 8'xl2' entryway addition to his existing residence. The addition will be located less than the required 50' setback from the front street lot line . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota : FINDINGS 1. This application was reviewed as Zoning File #2483 . 2. The property is located in the LR-IA Zoning District, where 2 acres or 87,120 s .f. is the minimum lot area . The property consists of 1.1 acres or 49 ,005 s.f. Page 1 of 4 3 . The Planning Commission reviewed this application on May 17, 1999 and recommended approval on a vote of 4 to O. 4. The Planning Commission made the following findings of fact : A. The existing residence is located entirely within the required front and side street setbacks and any addition to the existing residence requires a vanance. B. The existing residence is unusually close to the front and side street lot lines , which is unusual for properties in the LR-1 A Zoning District. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant , but is necessary to alleviate a demonstrable hardship or difficulty ; is necessary to preserve a substantial property right of the applicant ; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City . 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health , safety and welfare of the community . CONCLUS IONS , ORD ER AN D COND ITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23 , Subdivision 6 (B) to permit construction of an entryway addition to the existing residence which will be located 18.4' from the front lot line where a 50' front setback is normally required . Approval was subject to the following conditions : Page 2 of 4 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 24, 2000). 2 . Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3 . The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of May, 1999. ATTEST : Linda S . Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of May, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of , 199_ before me a Notary Public within and for said county, personally appeared -------------------known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of , 199 before me a Notary Public within and for said county, personally appeared -------------------known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOT ARY PUBLIC Page 4 of 4 C I TY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application# 2 c./ i 3 Date Received-:_,_-1,.,_1'-=_l -Z_,~Zt'=C/-=.1-=.-:=_-= Amount Paid /So ------- Site Address /Vl u. (). St'M..,1£/' Property Identification Number .I.D.) OS -I 1'7-.,;i, :;i -/4' ~o 00'7 Attach legal description to application if not included on required survey. Date P;;gr~Acquired JO/?$ (month/year) I (do) do no also own the adj~cent parcels of land. Present use of property : ~residential __ other (specify) _________ _ Zoning District :_-=L=/2'-"---__._/ L...,A .____ ____________________ _ APPLICANT ~ ---A Name IC&rJ~ Address: 5 ..2.00 ih V <'«de 4J. ~t Phone(home) 2 LIC/-0..S~ Phone(work) ,;lC(Q-i 317 City : ceton o Zip : h53Jsw OWNER (if different than applicant) Name ----------------Address: ------------- Phone (home) Phone (work)================~---j,f~J\.· City: ________ Zip : ____ { _ tj \i_J (~/ DESCRIPTION OF REQUEST/1 ,, Estimated Construction Cost $ /':·, -·~7..,z, Describe request in detail : d_c/djy1/;l.' BAft',Y u&,V: 1 ------! .: " t ·~.: ' ~-;/o/ -------------------------------- VARIANCES REQUIRED Lot Area / Setback: (attach additional sheets if necessary) Lot Width Hardcover Side Rear n ri .. , .. -. " j ~ ~ ·•. . ~ ':.. ,, '• ' \~; __ Lot Coverage /~,:o_:,, ~-,., ~.JI kl Average Lakesho~ \~~ fil-~-S=~::T-I_O_N_O_F_U_N_U_S_U_A_L_P_R_O_P_E_R_TY __ C_O_N_D_I _T_IO_N_S _____ ~ Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements : ________________ _ (attach additional sheets if necessary) 6 Application Deadline Wednesday at NOON on: December 16, 1998 January 20, 1999 February 17, 1999 March 17, 1999 April 21, 1999 May 19, 1999 June 23, 1999 July 21, 1999 August 18, 1999 September 22, 1999 October 20, 1999 December 22, 1999 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 1999 APPLICATION DEADLINES Planning Commission: City Council: (regular) City Council Chambers Council Chambers 6:30 p.m. 7:00 p.m. Tuesday, January 19, 1999 February 8, 1999 Tuesday, February 16, March 8, 1999 1999 Monday, March 15, 1999 April 12, 1999 Monday, April 19, 1999 May 10, 1999 Monday, May 17, 1999 June 14, 1999 Monday, June 21, 1999 July 12, 1999 Monday, July 19, 1999 August 9, 1999 Monday, August 16, 1999 September 13, 1999 Monday, Sept. 20, 1999 October 11, 1999 Monday, October 18, 1999 November 8, 1999 Monday, Nov. 15, 1999 December 13, 1999 No Meeting in December Tuesday, January 18, 2000 January 24, 2000 5 Telephone (612) 473-7357 • FAX 473-0510 REQUIRED SUBMITTALS All of the followin2 information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 5 . 6. :j. 1 Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8Yi'' x 11 11 for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed . In addition, provide one (1) copy 8Yi'' x 11" for reproduction . Sketches or plans of floor & elevation views (provide one (1) copy 8Yi'' x 11 11 ). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and c ect t best of his/her knowledge. OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable r· entry onto the property by City staff, consultants, agents, Commission members, and Council ' . , members for purposes of invest" ation d erification of this request. Owner's Signature Date tf-//-f"? (}:;:j Applicant must have all submittals into the City offices 25 days before the Planning , ~ Commission ~eeting. Planning Commission Meetings are hel_d on the _third Monday of e~ch :;j{j month. Apphcants must be present at all scheduled review meetmgs of the Plannmg frA f~ Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting . ' 7 Adjacent Property Owners' Acknowledgement Form I (we) __ 2J~u~_n<----&f::l ...... ?u_'-#..,...../~a-,;1, ____ of 32 ~o 13 ,1.ys ,.i.,_, t1r,"cl [printjhame(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at :37,;D i) ~""j< ,4, £J also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~Ac{d:~ Property Owner Date Property Owner Date ****************************************************************************** I (we)--------------of ___________ _ [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use · of the property located at also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date . 8 CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O . Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd . 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested . 2 . You may refuse to supply data, but refusal may require that the City deny the permit or license. ~ ~1 f 3. ,._,~t,t);;,t -,;/"; r ' g The information may be shared with other local, state or federal agencies to the ,'f>~ ~ · 4 . 5 . ::::u:e:::::: ::::• ::e !::::: :::::::eCouncil action to approve, some (lf) information may become public . ~, iJ "DF! :.":·J You have certain rights under M.S . 13 .04 (see following page) to review private data '-<\,J. on yourself ' ' 6. Your full name is required to process this application or permit. ·Yrerrt Al-er V fezaJ el( First Middle Last J,)'QD &i vs:Je Ji Address {}ro;10 City 11/ 1 State .5SJ.J& ,Jt;t/~~~ Zip Phone 9 Telephone (612) 473-7357 • FAX 473-0510 Sec.13 .04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2 . Information required to be given individual. An individual asked to . supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13 .82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required tinder this subdivision in the individual income tax or property tax refund instructions instead of on those forms. . Subd. 3 . Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. J'he responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies . The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible . If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays . Subd. 4 . Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 ' [!_1 B .. . . ' ~ ... - · El __ ..., 1------·- 21 :ST ' -' 8 16) 213 w CJ) t0 57 115 f<) PART OF w 0) t0 t0 OS-117-~ 75 I I I I I I I I I I I 2 (5~ 31 (0 LD 0 0 (f) LOT ( 5) I I I 15 ( 6 ) '" ,r:i 57 I I I I I I 75 I .. ,.).,. -- 1 I q ( 17) 240 ..... 242 31 I I ( 5~-)-----------..___ 33? . 81 -I</-12 3) 310 f:C'4!\!0E',? 13 z 1,1;,::- '-::: 277 WEST 424 WEST I uJ I 0) uJ !O ~ 18 ) I I I 240 480 ii ( 19) .......... ~ ................. --..__ ., '· co ~ oi C) t'-C() ' ' ' "i -si'. N 310 <J:)--0 O.; t'- -,~=---'I.-\J_-__:3:::3~0 ~. 9:_!_1 ____ _J_ _ __l2 ;-,, 151 33 637 N :r::: ..,J::::,.. t-ee:: Ul 0 b. z 28 (8) N N N ' ---' "";.~ ' (4) , __ ( ::: ~ 2 o -t---(-~-~---L--~ -r------=-f-".'----__)-~--------ii_-Y __ _ 'SC)' 7 _______ i§) N ~(7) --.J co --.J Ul · · . 33 ~ _____2_5 4 ' 67 --' : C>· IL!)' 0fs>---- (0 co 7 ['0 " 0 z 0 (D LD (7 372 . 7 2 D L I.... L RUN DATE 03/30/99 BATCH 503 PROP ADDR OWNER NAl1E TAXPAYER NAl1E/ADDR PROP ADDR OWNER NAl1E TAXPAYER NAl1E/ADDR PROP ADDR OWNER NA11E TAXPAYER NAl1E/ADDR PROf' ADDR OWNER NAl1E TAXPAYER NAl1E/ADDR 38 04-117-23 23 0008 00340 LEAF ST T J TERRY & G J GEHRING THOl1AS TERRY 340 LEAF ST LONG LAKE 11N 55356 38 04-117-23 32 0007 03190 SUSSEX RD JD KENNEY & 11 J KENNEY J.OHN D KENNEY /NARY J KENNEY 3190 SUSSEX RD LONG LAKE 11N 55356 38 05-117-23 14 0006 03240 BAYSIDE RD D & B BOYLAN DONALD K BOYLAN 3240 BAYSIDE RD LONG LAKE 11N 55356 38 05-117-23 41 0017 03225 BAYSIDE RD RB & VO SHELDON RONALD B SHELDON 3225 BAYSIDE RD LONG LAKE 11N 55356 HENNEPIN COUNTY PROPERTY INFORl1ATION SYSTEl1 PROPERTY OWNERS LIST 38 04-117-23 23 0009 00360 LEAF ST H C FURCHNER JR ETAL HENRY FURCHNER 360 LEAF ST LONG LAKE 11N 55356 38 04-117-23 32 0008 03160 SUSSEX RD KYLE 11 LEWIS KYLE 11 LEWIS 14055 37TH AVE N PLYl10UTH .11N 55447 38 05-117-23 14 0007 03200 -BAYSIDE RD TA REZABEK & SL REZABEK TRENT A REZABEK 3200 BAYSIDE RD LONG LAKE 11N 55356 38 05-117-23 41 0018 03211 BAYSIDE RD J A & T J F LUNDELL JANES & TRACEY LUNDELL 3211 BAYSIDE RD LONG LAKE 11N 55356 REPORT NO. PI435401 38 04-117-23 23 0010 00400 LEAF ST RA & DC RYAN PAGE 7 ROBERT A & DELORES CRYAN 400 LEAF ST LONG LAKE 11N 55356 38 05-117-23 14 0003 00345 LEAF ,ST TONY EIDEN COl1PANY TONY EIDEN COl1PANY 4100 BERKSHIRE LAN PLYl10UTH 11N 55446 38 05-117-23 14 0059 00375 LEAF ST DH CROWTHER & SJ CROWTHER DH CROWTHER & SJ CROWTHER 375 LEAF ST LONG LAKE 11N 55356 TOTAL BATCH 503 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORl1ATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTl1ENT OF PROPERTY TAXATION, TO THE BEST OF 11Y KNOWLEDGE AND BELIEF. . ~~ DATE 2:-:31-99BY ~+-~~=::::.....i:=-....,;,_,,,#..,,4 ~) ~,t::···· ~·,,·-~ ~9 ~ ...... "··"·' ··..:;_;._ii,..; 1::--i .4/1:~ l!:~-.;. r. /f.::J ,r):·,1:,;;i nQ . ';, ;-~ ,.),. ~:~ "~Ti"'. r?. .... ,.._--r:::_;~ "~. ,,r -....~. r, ~. {.;"') \J.}1 \ .r, i,/ ,t!. f'-J 'x.::.t~ ~·~~· ·<JJ CITY of ORONO Date: May 6, 1999 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices VARIANCE Notice of Public Hearing File# 2483 Mailing Address: P.O. Box 66 Crystal Bay , MN 5532J:0066 The City of Orono is required to send mailed notice to all property owners within 150' of the property located at 3200 Bayside Road. The property owner(s) have applied for one or more variances to the Zoning Code to permit construction of an 8' x 12' entry to the existing residence. The Planning Commission will hold a pubic hearing on: May 17, 1999 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 249-4623. The proposed plans are available for review by appointment. Paul Weinberger Assistant Zoning Administrator Telephone (612) 249-4600 • Fax (612) 249-4616 ~. ;.'\it;"'-: bi.; .. ;;.··,, ... ,:·. -.~·.Ji .:·.:./;·/:', '· .. : .. ,:. •' . (f ~}?){i> . . . J.,i,,' <,·,·'· .. : rJ~~:~·t7t/.· · ... ;}~1~}'.;/ i :5 :·'i,:' .. : ~ .. .. _ ... ·:i.:· ( : t .. ; ... · ··>:'·;•i·~/?}:~~~t<f1\~i:'Sf 1./·.m.1Y:~?i':~j,~~w-~.i:f.:.·, · ' ' I 0 0 ci .,, ('<I . .. . . ' .• ·: ,, ' I .(, .•. ' . ., -,,-,, . .>, .... , .. , ...... 1. 1. t. ......... "' ... ·:.·; · .. ,·! ---·.--.... ·., .,.~.,!·,,;;})'.···/'.'<·':-':··· I , • ......... , •• ., _.... . : ': ....• ,.,...····: .r,·· .· .J:J J:J ~--··N ·so.•At··,;,•w ·:·>·::.1aa.·oo··~~·~"''.'.#"".;"1' -, 11 .,Lt '1 .. .•••. Ju. . r._,L,. .., . ~ ··1lJICL O.S ~oulh of iton ~-O~. ·::,~-·b.·i ·\:Li~'.~ of iron .... , ... . · ... , ....... ··, ":'.t . -...... :~. '':5J;,:(.~t >.-::i::;:: .. \ .·I/:,;··,.·: .. ~too ,.fl • j ::, 0 -:z 0 d ~ Q .J ~ ~ .:3 ·1 ..c ...... ~ l-:: vl ...CI :l o Ln.A-,--c11 r · .1 zo.;r, 0 ,ltJ !, q I ~1 T;;;r- Gar.~ ,: ,.,.··-:: . ·1~ 2 ' u.. <( Lu _J I ):i ~ I§ . . ___ ~_::-1,..s hnL J 4-... Ill \IA. sil.h .· ; '· ~:i:~;~:;}:iti{ ... ,./1 M --• 5 8')D 4£D' 1q" [ BA'(S\DE . :.l~f9~?f i ) ·. R.(5:1\'D. ~ (r,,~·~,( ~RI'£.~•(\ loun\'-\ ~,.\ iron Jl'd\. ~. SE. u:J.., tll \/4, ~':, T. 117, fU.1, . ;~ ··! ),S ··) ,J 01 \ ) --~ tf \ I ,, ·.::1 l ;< d /t 1 ·•'-~:. r ;f j I i ;i ·~ .1, J :t l d "' i ,; ::i }':: . A j ·i1 •i { . ~-,. Cer ti flea te of Survey '?f,_:'t? tC) {J.: .... , ; ' ... ... _ .. _____ ''? LEGAL DESCRIPTION . CITY OF orc;··J~ Lot 14, AUDITOR'S SUBDIVISION NUMBER 203, according to the recoraea plat thereof, Hennepin County , Minnesota. ~ SITE rL:\ti _ Cr1 ADii~G PLAN c,c .~r :',7;,J'.',:'J •.' , : r:; .: .. :CD \'!'.T:-1 RE ViS IOliS }_;'.;\:';~~~ .--======..J 0 Lle.no\6 \ron mo!\u 11\e..f\\ '::i1 rnarte.d KL.<;. \ 1S49 • De.ncte<:. iron monu rne.n\ r ouf\d Bearin~ s b ase.d on asr:.umeA da\a Scale:. \ ·,nch = 40 fee.1 ProfesSJo.?OI land Sv,eyor, .,,:' ". "f'l'.a'"' f " •:'"'' t -.... ~ I htlrt:by Cl!f'lify Illa! I/is :,urr,y,plon, or uporf -pr,parwd /Jy - or undlJI' my dir,cl sup4r,ision and that I am a duly Rwg,'s/MWI Land Sur•~·,UIIW I~ al /J-,. Stol• of Minn,uola. . ~ 0 ~ ;___.:, . Ool, /·ll·89' RM)i,trolicn Numtw 17549 · Re.\ue.<a.te.d Bob b:r -min Ke.ma Dra~ tA h~ : t.e.. Oak.: 1· ll B9 boo K Cn \\(\e.. .1 }ob ~o . B~IO\ T. ELLESTAD ASSOCIATES INC. Rt. I Bo,, Bl MQPN La!t,,Mn. ~5358 (612)96.1·61~6 I] 1· e· .... ':!' .•. ,, ,{!.. . "'.:,,\ .. ii'-"·t:i'.,' '.t .· \ jf'}t'~J -~ ·-~::;~i /.'.~.1 I ·~ ,.~/ '. ;"! !.'..;i .t..:. :.!.. ;,,:.~ .. : J ,.r ·~:..:~", ,.f"~1 (1 \'\ f '.~ ~~ ' -.~3'; ;.:,) . , . CERTIFICATE OF MAILING STATE OF MINNESOTA) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2483 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of May,, 1999 .. Y11~tbJ~.~ Mary An bhnson Z CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-461 6 The Pla nn in g Commission w il l . hold public hearings in the Council Chambers at 27 80 Kelley Parkway on Monday, May 17 . 1999, beginning at 6 :30 p.m. on the matter of reviewing the following land use applications : 1. #2410 Pe te r Boynton , 1973 F agerness Poirit Road . requests vari ances and a cond iti onal use permit to ·emove the existing residence and bui ld a new res idence . 2 . #2469 Steven and JQ Websi er, 500 Orono Orchard Road South, request side f ard adjacent to street and rear ya rd setback variances to cons tr uct a garage and ·esident ial additi on . 3 . #2169 Michael Renard, 11 85 Tonkawa Road , requests an amendment of 3 previous application for the construction of 'l 21 ·x1 2· accessory bu ilding w ithin the 75- ~50' lakesho re setback. 8 . #2488 Gre gg Klohn , 4455 North Shore Drive , requests side yard and street yard se t back variances to construct a storage bu ild ing . 9 . #2489 Nancy and Rick Anderson , 1205 Dickenson Street , request front yard and side yard setback var iances to construct an addition to the residence. 10 . #2492 Rick and Gail Luzaich , 2490 Old Beach Road, request variance and conditional use permit approvals for lakeshore land alteration including grading and construction of retaining walls within 75' of the lakeshore and w ith in a bluff impact zone , and further request after-the -fact approval, including approval of a restoration plan, for intens ive vegetation removal with in 75' of the shore line and w ithin a bluff impact zone . · 11. #2493 Katherine Tay lor Homes, 6 9 2 Tonkawa Road , requests variances to construct . a two car detached garage exceeding allowed hardcover in the 75 -250' lakeshore setback . · 12. #2494 Dan Anderson , 2885 Little Orchard Way , requests variances to relocate an existing accessory bu i lding on the lot prior to construction of a principal. 4 . #2483 Trent Rezabek . 3200 structure. and a variance to .. permit-a 30' Bayside Road , reques ts a front yard principal structure setback where so · is :;otback. va,i3nce to permit cons truction of an.-~_-·requ ir ed . : ~._,:: ~.:.. -1-:-;_... ~ ·:· 3'x 12 ' entry to the exis tin g res idence . · 5 . #2485 Alex and Ca th y Johnson , ~ 4 O 3rown Road South, request a condit ional JSe permit for a guest house. 6 . #2486 Al Hirsh Constructi on (on Jehalf of Ken and Elaine Er ic kson), 1270 3pruce Place , requests variances to ,xceed all owed lot coverage by structure and 1ardcover in the 75-250' lakeshore setback . 7. #248 7 Robert A . Roth . 1251 Briar 3treet . requests street and side yard ;et back variances. and lot wid th and lot area ,ariances to construct a new residence . All persons w ishing to be heard are encouraged to attend this meeting . Written comments are solici ted. Plans are available i n the C it y Offices. For an appoi!'\tment, please call.249-4600 . City of O rono By : Pla nning Commission · Paul Weinberger, Ass istant Zoning Administrator (Publ ished in The Laker and Pioneer May 1. 1999)' Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath , says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws , as amended. 8.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the lstdayof May 19-2.2._, and was thereafter printed and published every Saturday, to and including Saturday, the ___ day of _______ 19 __ ; 4~genl Subscribed and sworn to me on this