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Home My WebLink AboutProject PacketD uac.0 Fee Receipt i Initials CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal variance Fee $75.00 (no change from original application' After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PRGPRRTY LOCATION Site Address "/ ; a Property Identification Number (P.I.D.) Please check one - Is the property -ice abstract or torrens? Attac-n legal description to application if not included on required survey. ---------------------------------------------------------------------------- P.PPLICANT Phone ( home) Name LA) .c.L1 LZU Phone (work) L4 `f 5 ' 74, Ub -----Address: ! �,�G - t ►14itk & d City_�Q XZ�-Zip_ � 33-- OMNRR (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired (month/yg4i=•),- ,-M OFFICE I (do) (do not) also own the adjacent parcels of land. :;t Eq ;-,".0,0+ -------------•----------------------------------------------- ±� ---�-- ? .., PRESENT OsR OF PROPERTY ECE1PT-,,-#4 A YOU Present Zoning District •:'33:'Sf? C001 M *1::16 8 Present Use of Property Si�1S_ �r 4gtm,/X Le&,4pdttyl Residential Other (specify) --------------------------------------------------------------------------- DRSCRIPTION OP RNQURST Estimated Construction Cost $ �2100 4 Describe request in detail: �L4jf12 JZG+QE CV1`P N 14 ;tors JCLjt C,A-d eAvc;ns-&v4 1ltit..�l�-� -- - VARIANCES RRQUIRM Lot Area Lot Width hardcover Setback Variances ( Front Side Rear) Other HARDSHIP Describe unc,,e hardship or practical difficulty res-tting frgm strict enfo ement of zoni - regulations: ,d ocr- d e-, K eC,L5 4 v � i ;j1, s c �2 �i A V -4 r p 1 v (-- .c ✓t [. b� t n,r- h,4 t i u Zi ..., lA M 5 L. L (_ sS l -� L --------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: --------------------------------------------------------------------------- RNQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). - 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as require9. 5. Plat Map. --------------------------------------------------------------------------- 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. Certification by Zoning Department that variance Application is complete. Zoning Official's Signature _ Date APPLICANT'S SIGNATURE The applicant hereby agtf._os to provide all information required or requested by the Zoning :.::.ninistrator, agrees to pay all fees and/or unusual expenses incurred :r, review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OWNERS SIGNATURE The owner hereby ackowl ed, and agrees to this application and further authorizes reasonable entr .:ntr� the property by City staff, consultants, alents, Commission members, and Council members for purposes of investici- tion and verification of t'. request. 1 f_ Owner's Signature �� zc, �Z �I.Cc Date --------------------------- .--------------------------------------------- Applicant must have all st.':, ;tals into the City offkees 21, days tefore the Planning Commission Meetiroi. Planning Commission Meetings are held on the third Monday of each month. A.ppiicants must be present at all scheduled review meetings of the i +n: ng Commission and Council, and, if an applicant is unable to at'c_'_, scheduled meeting, to plear.n make arrange- ments to have an authoriiz t attend in your place anci to advise the Building 6 ?.onirg office c change prior to tt,-- meeting. 1 DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "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 inform- ation. 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. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license reqires council action to approve, some information may become public. 5. You have tertian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process this application or permit. 0 bc _i t1 2y J _-t f— First Middle G y 1 Address 1— 0v Date of birth —(does not apply to t. ling/general permits) 411- k 36 Phone 1 understand my rights as stated x gnature RUN DATE 10/20/87 BATCH 103 38 08-117-23 34 0013 PROP ADDP 01424 BALOUR PARK RD Ot:ER NAME GARY G t if UER TAXPAYER GARY G YItIGER HAMS/ADDP 1424 BALOUR PARK ROAD OpONO MI 55391 38 08-117-23 34 0016 PROP ADOR 01412 BALOUR PARK RD Cd:ER NAME MPRSE AVENUE HOLDING COMPANY TA;:PATER CURTIS C HAGFOPS N AttE/ADDP 1412 BALDUP PARK RD OPONo MN 55391 38 08-117-23 34 0025 PROP AMR O&OA R NAME EDWARD H SPINDLER TAXPAYER ESTATE OF EDWARD SPINDLER NAME/ADOR C/O LARKIN, HOFFMAN. DALY 7900 XERXES AVE 5 SUITE 1500 BLOOMINGTON MN 55431 38 08-117-23 34 0030 PROP ADOR Cl-NER NAME JBLTC ACCOUNTING SFRVICES TAXPAYER ESTATE OF EDWAPD SPINDLER NAME/ADDR C/O LAP IN. HOFFMttl, DALY 7900 XERXES AVE 5 SUITE 1S00 ( BLUOMINGTON MN 55431 38 08-117-23 43 0006 PROP ADOR 01436 BALDUR PARK RD C:jPLR NAME W A P NELSON TAXPAYER WALLACE E NELSON NAME/AODR 6221 WASHOLPN AVE 5 MPLS MN 55423 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 06-117-23 34 0014 01420 BALMAP PARK RD K R WITTNER A S K WITTMER WALTER R A SHARON K WITTMER 1420 BALDUP PARK RD ORON, Ml 55391 38 06-117-23 34 0017 01408 BALDUP PARK RD JAMES P WERtIER ET AL JAMES P WERNER 1408 BALDUR PARK ROAD WAYZATA MI 55391 38 08-117-23 34 0028 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPINDLER C/O LARKIN, HOFFMAN. DALY 7900 XER,:ES AVE 5 SUITE 1500 BLOOMINGT►IN MN 55431 38 08-117-23 34 0031 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPItlDLER C/O LARKIN. HOFFMAN, DALY 7900 XERXES AVE S SUITE 15 3 BLOOMINGTON MN SS431 38 08-117-23 43 0007 01432 BALDUR PARK RD J6 AMRNYOLIIST JOHN 6 A MAUREEN R NYWIST 1432 BALDUP PARK RD WAYZATA MN 55391 REPORT NO. PI43S401 PAGE 5 38 06-117-23 34 OOIS 01416 BALOUR DARK RD J C ULYU J C U'LU 240 RUSSELL AVE 50 MPLS MN 5540S `9 38 08-117-23 34 0016 y 01404 BALOUR PARK RD CHARLES AFFIAS A WIFE CHARLES AFFIAS 2634 JERSEY AVE S MPLS MH 55426 38 08-117-23 34 0029 PUBLIC ACCOUNTING SERVICES ESTATE OF EDWARD SPIta LER ' C/O LARKIN. HorFMAN. DALY l 7900 XERXES AVE S SUITE 1504 BLOOMINGTON MN 55431 38 08-117-23 34 0059 01428 SALCUR PARK RD 6 A H ROTH GUENTHER R ROTH QO 4603 ELLEPOALE RD MIt?lETOfA(A MN 55343 TOTAL BATCH 003 00014 !1 MN DATE Olt"? BATCH N3 Ct i c t t C1 t; t e t s 1' HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PPUPERTY OWNERS LIST REPORT NO. PI435401 PAGE 6 I CERTIFY THAT THE FACTS PEPF'SENTED APE AN ACCUPATE AND TRUE PEPRESCNTATION Of INFORMAII(Kl AS IT APPEA65 THIS DATE ON 114E RECORDS Of THE HEtVEPIN C=4TY DEPARTMENT OF PROPERTY T TiON. TO THE BEST Of MY KNOWLEDGE AND BELIEF. i DATE Br -� CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 Sout,. Brow- Road on Monday, November 16, 1987, on the .:latter of reviewing the folio ng land use applications: 1. #1217 James Taylor of 1160 Tonkawa Road seeks a hardcov, v&r,-ince for a proposed lakeshor deck. 2. t1219 Orono community Church at 770 Old Crystal Bay Road seeks an after-the-fac.. conditional use permit for a day care use at the facility. 3. #1220 Robert Koehnen of 537 Hanlon Avenue seeks a street setback variance for a proposed addition to his residence. 4. 11221 Gary Eklof & Cathy Lee of 1965 Fagerness Point Road seek street setback and hardcover variances for a proposed attached garage. 5. 11222 Jan Waye of 1885 Concordia Street seeks an after -the -fact conditional use permit for restoration of shoreline damaged in severe storm. 6. i1223 John B. Waldron of 1951 Concordia Street seeks a conditional use permit for restoration of storm damaged lakeshore and for additional land alteration within the lakeshore protected area requiring retaining walls for a proposed walkout. 7. i1224 Minnetonka Boat Works at 1449 Shoreline Drive seeks an after -the -fact conditional use permit/variance for lAnd alterations within the 0-75 feet lakeshore protected area. 8. 11225 James H. Gilbert of 955 Tonkawa Road seeks hardcovpi and average lakeshore setback variances for a proposed lakeshore deck addition. 9. i1226 Winton Wold of 4650 North Shore Drive seeks a lot area variance to construct a new residence. 10. i1227 Patrick Middleton of 720 Tonkawa Road seeks a hardcover variance for a detached garage. 11. 11228 Walter R. Wittmer of 1420 Baldur Park Road seeks side and lakeshore setback variances for the installation of a second story three season porch. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. written comments are solicited. Plans are available for review in the City offices, by appointment. By: Planning Commission �. ZIV L /1.4Z- - "I anne A. Mabus , Buildin & Zoning To be published the week of November 2, 1987. inistrator W" M OO111 1e0 11f/� 1 •. OerttAtfee" «.. timid AAec ' �� n M Qterr�0en r 1 tT't! taste, ,ram Ar/ on Mon .ett1'w 1 t t N I P,e eANOW p, ,e.MWV We tpapi. V Wd Jae 1 , a121 , ..eA.8 T &,W O' ISO T arre,ee 'I 4W aelatta a OI/d,AMer rr,rt a tr a ereo f '1e dK. 1 12 t Orerm ceffw%owy cr%00 at 710 Old Grvww ta, d areas I /1r "tart v orrreena .M Pe "M ror a de, -e uee a "W 'w #fy 1 1220 Named Reehrw or ��• t+arer, .. A.erV seise a We" eeR'='e .erwwo e/e Doffed as~ to no 'eerep,re 4 17tt Ory Esbt and t.,ttq lee Of 1' r aoerrleee Isar MOW eeee cheer *mice.' ryr«ger .04/Kes tr a prig rlad,ed e•rtIf m it *West tort orcaa -Wool sees* M env rty sec t c01rer1r use POW.W 'Of 'eMn. w o' tvmrear+ eemeood n ae.pe A 1773 jr1n t wet1/'a, of 1961 Gent or 1Meel mom • • cordstwr ..as PW.A ',Y ".61,irK1r, of of Iln eaAaged imsr,oro I td r20&Arume t taepetw W~ rise WY,oe pelerrod am Nt IV relrm"e waft "n a /V ooaed eeetwe ► 1224 arvietoroa feet *-*sot 1440 sr'"WO or'w meek* an ~ WO 'ac' , ore sam was t?errr,J .Nwtm tr WW ~61-16 rn rnr, We O ••S teal treM1M selected rea t 172S Jef"" N Gaon CO 065 Torres. it, Be aeette hodro.er rd e.ere" wwopwo tefeere .rwky $ tttr • OeMeed Wo W* ae.. aetMlon t 1126 wow waw of 4W Mort, snore On.e We a it" woo .r'.n,:e 'orrwvr+ a new rerneMa .0 1, f► ►atrc, Modwo" of /er t0 Trwa A,* ;:" a hloco.r .Q1R. 'a . AMa+od J~11111111111111 I 1 1. Jt 1111M1 A + ^trip of 1430 SO&A Irs 11WO we" eda rd Mee we eelpac6 tr "W *w isw— or • M. "d atery taoo Meson 'irM w Ipimna --W" tO a here A Mar at tt"a Wife 1 ti m,eet.q) arrN M ► 00 / "' Wye for cort.AM,Is r. taar'led P%M r• e.e011111"0 w re.,ee ty,e der ott�M 'V Mee1ie110 w t17p.f.q t:aawearen Jeertrr A tfttet%IW //rr ?W"Atown'W" 6PtAts~ n /ry lr,« r,o v.."W an rwne We t tN► 1 r 17 �5 1 NOV _ 3 +t 1987 ' j J Affidavit of PubNcation 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 o! the newspaper known as THE LAKER. Mound. Min- nesota. and has full knowledge of the facts which are stated below A I The newspaper has complied with all the require - menu constituting qualifications as a qualified newspaper as provided by Minnesota Statute 331 A 02. 331 A 07. and other applicable laws as amended \B1 The printed I\�\ t 1\t"L.v16 � which is attached was cut from the columns of said newspaper, and was printed and published once each week for I successive weeks It was first published Monday. the � day A fti�� .19 and was thereafter printed and published every Mondav to and including Monday. the day of 1 19 Authorized Agent Subscribed and sworn to me on this 2 dry of 'ti 19 By Notary Public 4 pE 1ltttt ` N �.... 'K Ill lowest ctasmt!ed'ate Paso by comr"OrC,at users for C 0RAM►► bte spat:* S r 94 per 1rtCh 12, Md.lmum fide dllowed by law for above matter 94 S4 Pitt #Ch t7! Rate at_tu.tlfy .harped for ,,tave matter $4 54 per Inch Each iddH,ond, sur_cesslve we01, $3 03 pet nth CERTIFICATR OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Jamie Hosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of 01228, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of November, 1987. n 2 _ - _ �(��16 D081pa s �} ye`�► OF ftoPowl:�b CrvuC, r)--.4Q � M ° 01 � 2 �. : tnr0`.Z�� o �r1 `,�E• ��lCo� u IO � a�� m AS- 41 �po 64 -JD lo O 5 s � ° os v N i s T .J CoiuNclt- 4cT-70N AJ0T7C'05-�' '-'!7 - 2----_?P3 CITY of ORONO Iff t4.a e, 01 "'1.1 N.. MOROw-" Y01,40Mrnaiai (Wros Tol.ph.,ne 4'3'. 0iI Mr. Walter Wiftmvr 1806 Huh')ard Avenue S...nt Paul, Mlnnegota 5S104 Cant ro 1 No, lf'" varian-e Conditional fl .. i1,1.,1t Subdivision, Prelim. :,uhlivr�ton, rinal Date of Not ire '�- NOTICE Or CITY CMPJCiL ACTION Re: Walter Wittmvr t420 Baldur Park Read Date of Meeting:?'lj 1U._1978 - - - - Votes: For ______,_,_Against Abstention Action:.-.. Approval: As aulAnitted subject to %pplirable oreinir,-e re tie.Tents AA Approval: Subject to conditions noted _ . Defert al s Pendir•g receipt of inforr•at ion noted __...Referrals Review by others, as roted Denial: For reasons noted NOT= i SPE-IAI. CONDITIONS: Se -1 ion 34.201 Variance to encroach 75 it. lakeshore setback by bmal! corner of rebuilt porch. _Rebui.ld or replace existing- porch Rnd extend flush with r<rsL t►rtd west sides of house. Delete proposed deck but replace sLepn in same 1, +ri and extent as existing. Deadlines: X Variance approval expires one year after tt;e "et inq elate Contact buildinq inspector for required permit" -conditional Use Approval _ _ !lust Le renew"d annually _ Expires on _ Murt t be r e rowed upon c h an,y* ► n ownership or use _ Prelim. Subdiv, approval expires after cne year of ratq. date Contact 74sning L1:sin. for final plat tequiremetrta Final "..ubdivision approval expires G moo. after meeting date Contact Ironing Admin- for f ilin-.I rrqutremant s and dnrue%ant ..pprova _Deferred items rmar be def-lated formally wiIhArawn if applit ant failed to provide infcrmatirn within u.,t aunth .:t ar•.. date or by date specified by Cou•,rrl It you desire c•ertifieA copies of the of irial City t,t,Tu•il Mimrtes, ►t.er are avatluble fccw the DvPJty City Clark upon review arrf apprc�v el 1•v ' he Ccuor• i l i Cootie /I- M/AA47"t-S 5_//_W5 R JAILAP mi i T I yr or '., nr nPr iwt7 T++a+ .?., ,hr. G1. 1: ,; -� r• s:. t the follnwi1.1 s• ; ,, �t f tt• 1 i Park Pet -id, f. r a •1 1 d tt•,i .t a, �� R which ot.et-s: N`. Mr. W-miltt•r W . or—r. ! 1.1r, ,1 ing a v.tri,in,•,• to • ,..1 fortr"r %, i.. 1,, d I. h. %, tr It :n t'i i extendinrl f•,rt' r t _N,I,d {., -nrian,•c+ to 11.11! to r• ,,►.. .I. ,l•:., '111 t t,f tho 1,-itch i Hit i:,n t • t ,n 1!t•, . �►. li,k•.t ihor,! so • t'•i• k. 1, 1- ,1. R . t.•1 64 f to of the tfi,•rt• nr,d we, I 1 s n ` t ,,,t it • hr adjoining hr-m-s. The hvr" 19 ',t,Yp1 t,•tl q!im:w•t 1••111 t,e•• nn a °too X I`1r1, (`Y.00 sq. f t.. I lot .vid ins 1', it, ri 4.:) rt , r r,.ry the west lot 1 ►no. Tht•r» its nn f l Ir!,t i.,n ►.i l,•r the existing l,r,rct• And clu, it itm-iblo flmnd4t Iron under the r• r i l nderin xct•gfl ,>f ',01 of the rnat-:r.t. vrlue ($14.e,00 divi,lyd t•y 2 - r, inn) would also Tryuito %,tiri•ern',•a to 19,rt•,2, lot a and lot wi:lth. Planning Cnmriasion - April IA, 1978 Work -s4ir•n Planning C4,r.:ni --lion exprolmAcrd ,c,Is1c.vaI of addition but not det'k AS it extends t orx1 !,It 11,10 IAA S}.rtr,? setback tone.. Alga exprc- site,l .1pprctvn } of rt•I%A 1 r l n•I existing porch and steps which encrri,ich lairumhore• setback. Planninq Coaraission - Alit i 1 24. 1979 The I• l a nn l nq Ccrosi s h i tin al,ps oved the var l anct• contingent upon maintiiininq the steps and crsittinq the deck. Council Meeting - Nay 11, 197• Mayor Van West waved, Butler seconded, to appiove the variance rc•,Iuest of Walter Mitt"r, 1420 A•aidur Park Road, per tho P1Anninq Commissic,n rertoivmpndat iort. of April 24, 1978• Motion. Ayes (S) - Mays f0). c.Mt1 JA,.,-:t�ii, Htdl. Inntu •.:tor, entered into the rrtaniTIONAL Ust lotpMiT' rerard the rt flutist of liennepin Couni y Vu- Tcrh, V / T.•.•h 'wh,1,,1 s950 Sixth ;.%rt'nue North, for a conditional use 6 t7E Permit rer.rwtsl, dot, d April 24, 1979 whir-h stat►•,i: The Plant, i ng C,_,r,r,+t GS i ten rr•cc mft-ndv4 ren,•wa 1 ttf the• c:on,li t ir,nal u"e l:Ormit with ; hw sair►r , : n}is! tenet as Pe.rsnlu! :an t 181 +icl"pted last year. �4�YI.r' . r... ei......f� Y- .� � .:..�i...-w�Ya'lr.. .... �«. .....�.r.r..�.� . ..... ... .....�....w a..�.r«..ti....� ..a A t• 10 I, P ., Jul • Gntmatnraent YComm r • (hw Va!wvfa!r Dove • Shakwee MN 511)179 • b I Y 441) 'UK) April 11, I9I8 I Fla-Ininit Li,r:retasten City .4 )r;-no I P.O. oox hh ` Crystal hav, ltlnne-�e114 45111 I!testers of the P►enninp In Accefdawo with ti}ntr wtsh.r vett•allp r.lde•n to me at the Planning Cnfrstaxion Meeting n+ April 10. 1978. 1 am. by this letter, feApplytnt for is Varlanee in accordance with I the Plans that you rtviewed it the April 10 %voting. 1 The Pcryr: ty la at 1470 boulder Park 10-4jad. However, in reauleittinn i hrrrvlth agreo to Clete the front deck from the lakeside of the lwv"r and further arrce that the stf-ps that 1 revonestruet will he w larger In Iength. width or belght than those existing. Sines the April It) maetirg. 1 nave spoken with Mr. Al ale m from the building office who Indic at i d to me that this was a proper sethod to resubmit for varl.tnce, and 1 herewith request that a,tioe be tapes vim thta varlance nt year next rrPularly schrluled fleeting nn April :6. 1410. Thank you for votor attention to this fatter. f itwert ly. Walter P. Witttot r Vice --President TO- F13nrt i gig Cc^rni s -1 i rn b Council i� FROM: A. P. Olson, V l l l ag.e H nnrrcr DATE: April 4, 1978 SUBJECT: Walter Wittmer - 1420 Raldur Perk Road Vnri,ince KEOUFST: To rcrix>del and add on to the existing home, particularly on the lake side in place of a former screened porch. Also shown is a large deck extending farther toward the lake. VAR1_A_NCF'S RFPUiRx0: 34.201 - One small corner of the porch addition � encroaches (in the 75 ft. lakeshore sethick. The deck encroaches to within 64 ft. of the she-sre .and well in front of the adlnininq homes. WCTAL, "pT�R: The home is a converted summer cottage on a 50' x 190' (9500 sf) lot and is located 4.23 ft. Erna the v-st Iot line. There is no foundation under the existing porch and questionable foundation under the reirvinc•. Re:—oc',el ing in exc^ss of 50% of the ma-:ket value ($14,00 2 - $7.300) would also tequire variances to 34.552, lot area and lot width. FLANNING 'C`!TSSION - April 10, 1978 WORK SESSION Planning expressed approval of addition but not deck ;is it extends tor. far into 1.3koshore getback zone. Also expressed approval of repaairitsg existing porch and steps which rncroach Lakeshore setback. PLANNING C"lr-S104 - April 21., 197A ACTION The Planninq Cu-mllfton aps+rovsd tfle var lance ce.ntinsrnt upon "Intainins the ft.!,I and rtaitting tht, deck. 17 e'l✓c-r, ")j/e v-, -- t /,J 177-y4.te7111—' _ / YOO 44,0,12 1044-%, AleCr.4 r- 7s'X;b, = -3iS-0 �,-C. CXt s rnti 6 _ ` x rj! i s t7r C.0 = #o L4SE ` . S" .Y S/D = /D -' 3 6444tsE 21/'xz`' Lz Asrr#t�r &tee--L. /e XZ S z Bem%* lb NS. t CSC pt.oN c* cr. si p r N11 J ChIp. twxo" At,0,4k.. ► sE 3kyo' /20 2gy9 s 21 q9/5-Ss-O ; SD. 'i Xo TO: Planning Commission Chariman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Michael P. Gaffron, Asst Planning 6 Zoning Administrator DATE: November 12, 1987 SUBJECT: #1228 Walter R. Wittmer, 1420 Baldur Park Road Variance - Puhlic Hearing Zoning District - LR-IC 1/2 Acre Sewere-1 Application - Request for side setback variance and average Lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75 foot lakeshore setback zone. List of Exhibits Exhibit A - Application Exhibit D - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Survey with Staff Notations Regarding Existing Structure and Hardcover Exhibit F - Various Documents from Previous Approvals and Denials Exhihit - Hardcover Calculations PERTINENT !ACTS 1. Deck constructed in violation of 1978 variance approval. Variance application #368 approved on May 11, 1978 by the Council was a variance to encroach the 75 foot lakeshore by a small corner of an enclosed porch. Applicant was allowed to rebuild or replace that porch and extend it flush with the east and west sides of the house. The proposed deck running the width of the houso ,and approximately 8 feet in depth towards the lake was not approved, and applicant was to merely replace the existing approximately 6 foot x 7 foot steps on the lakeshore side of the house. Site inspection on November 12, 1987 reveals that the deck exis•-c now just as it was proposed originally by the applicant, in what appears to he a clear and blatant violation of conditions of that original 1978 approval based on information in the City's files. The edge of the house is approximately 75 feet from the lake, the edge of the deck is approximately 66 feet fro. the lakeshore. 2. The current request is to enclose the second level deck area that was created when the screen porch was rebuilt. This second story deck area as it exists has "wing walls" extending along both sides for privacy, and these "wing walls" serve to block any viws the neighbors might have of this second story deck area, as if :here were already structure enclosed and in place. 3. The current proposal does not have an effect of increasing hardcover on the property. Existing hardcover on the property in the 0-75 foot zone consists merely of the 30 foot x 8 foot deck. Hardcover in the 75-250 foot zone includes the house, sidewalks, garage (built as a result of a variance in 1979) and asphalt garage apron and a gravel parking area. Total 75-250 foot hardcover is 50.4%. Discussion - The addition proposed with the current application apparently has the objective of incrFasing the space within 2 existing bedro ,rs on the second floor. The space to be enclosed is currently usable as a second story deck area which will no longer function as such. The existing "wing walls" on either side of the enclosure location would serve to mask any view the neighbors might have of the lake and would already tend to encroach to some degree on light, air and open space enjoyed by the neighboring properties, hence no new encroachment would occur as a result of the proposed project. Staff would note that the elevation view and the cross section view of the bedroom addition are somewhat misleading in that the existing doorway and windows on the lakeside of the house do no match those shown on the plan, and the existing deck has no railing. Given the existence of a deck that was never approved and was apparently built without permits, staff would ask Planning Commission t(- consider what sanctions, if any, are appropriate in this matter. The following may be options to consider: 1. Approve the proposed addition and ignore t '^ , allowing it to remain with no further action. 2. neny the variance on the grounds that it wi: A to create a n(-ed for more open deck space somewhere_ �_lse on the property. 3. Approve the addition subject to removal of the deck and reconstruction of a 6 foot x 7 foot stairway as was originally approved by the City C^uncil in 1978. 4. Approve the addition subject to the applicant applying for an after -the -fact variance in order to al'ow consideration of retention of the illegal deck. Staff Reco endation Staff recommends approval of the proposed addition finding that th-re will be no significant new encroachment into any light, air or open space in the neighborhood and no added hardcover as a result of the project. The approval is for a side setback to allow a 4.2 font sine setback at this location. Staff would recommend that approval be conditioned upon removal of the 8 foot x 30 foot deck, to be replaced with a smaller deck and stair system not to exceed 6 feet by 7 feet in dimension. 2 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 11227 PATRICK MIDDLETON 720 TOMAWA ROAD VARIANCE PUBLIC HEARING 10:28-10:29 The Affidavit of Publication and Certificate of Mailing were noted. Patrick Middleton was not present for this matter. Bellows explained the request for a hardcover variance to construct a garage on the property (no garage currently exists. Existing 75-250' hardcover is 55.5% and applicant proposed to remove large portions of the existing blacktop in the area near the road resulting in a net 75-250' hardcover reduction to 50.4%. Staff recommends approval. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Bellows, seconded by Taylor, to recommend approval per staff recommendation. Motion, �- Ayes 5, Nays 0. 122 TER R. MITtNER 1 BALDUR PARK ROAD VARIANCES PUBLIC HEARING 10:30-10:38 The Affidavit of Publication and Certificate of Mailing were noted. Walter Wittmer was present for this matter. Gaffron explained the requst for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakest.:re setback zone. He explained the objective of the proposal is to increase the space within to existing second floor bedrooms. He explained the issue of a deck that has been constructed in violation of a variance approved in 1978. Staff recommends approval of the proposed addition finding that there will he no significant new encroachment upon the neighbors, subject to removal of the 8'x 30' deck, to be replaced with a smaller deck and stair system not to exceed 6'x 7' in dimension. Walter Wittmer stated there was a five year lapse in time between the 1978 variance approval and building permit and actual construction which led to a lack of memory of what could be constructed. He noted that previous to building the deck, he checked with the neighbors regarding the size of deck and they had no 16 MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1987 i1226 WITTMER CONTINUED problem. Regarding staff recommendation, h- asked to be allowed a deck and stair system 6'x 8' in dimension. There were no comments from the public regarding this matter and the public hearing was closet. It was moved by Bellows, seconded by Hanson, to recommend approval of the variance per staff recommendation conditioned upon removal of the 8'x 30' deck to be replaced with a smaller deck and stair system not to exceed 6'x 8' in dimension. Moiton, Ayes 5, Nays 0. #1187 WORTH ARM ESTATES ASSOCIATION 215, 340, 350, 360 i 370 WORTH ARM LANE CONDITIONAL USE PERMIT SECOND REVI= Rod Backerud was present representing the North Arm Estates Association. Mabusth explained the request involving the creation of berms to receive 25,000 cubit yards of spoils from the suction dredging of the North Arm Channel. The revised grading plans designate 2 berm areas now located out of the 931.5 elevation. Each berm meets the 75' setback from the lake (channel area) but the northern portions of the berm now encroach within 26' of the the wetlands. Berms are constructed with 4" PVC pipe at 2' height intervals. Mabusth noted that the MCWD has not yet given approval of the project. Rod Backerud explained the process involved and length of time involved. Bellows stated she was very leary of this type of project being started at this time of year and the impact of a freeze -thaw cycle. Staff did not have a definite answer to whether a freeze -thaw cycle would adversely affect this project. It was moved by Brown, seconded by Hanson, to recommend approval per staff recommendation subject to applicant working with staff regarding the freeze -thaw concerns; and noting that the plan indicates a slight encroachment in the 26' wetland setback. Motion, Ayes 5, Nays 0. APPROVAL OF MINUTES It was moved by Hanson, seconded by Brown, to approve the Minutes of the October 19, 1987 Planning Commission meeting. Motion, Ayes 5, Nays 0. 17 ZONING FILE NO. 1228 CITY OF ORONO NOTICE OF PLi1NNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11-25-87 --------------------------------------------------------------------------- TO: Walter R. Wittmer COPIES TO: 1420 Baldur Park Road Wayzata, MN 55391 TYPE OF APPLICATION: X Variance ------------------------ ---------------------------------- DATE OF MEETING: 11-16-87 VOTE: 5 For 0 Against Planning Comission recos ends the following: Approval subject to conditions noted below NO'PES AND SPECIAL CONDITIONS: 1) Applicant must remove the 8'x30' deck, except for a 6'x8' section which is allowed to remain. 2) The removed deck sections may be replaced with a loose rock or woodchip area underlain by permeable geotechnical weed -reduction fabric (but not plastic sheeting, which is hardcover). Applicant's next scheduled meeting is confirmed as: City Council December 14, 1987; meeting starts at 7:00p.m. If you desire certified copies of the officiai Planning Commission minutes, they are available from the City Reccrder efter review and approval by the Planning Commission. TO: Mayor Grabek Orono Council Members City Administrator Bernhardson FROM: Michael P. Gaffron, Assistant Planning 6 Zoning Administrator DATE: December 9, 1987 SDBJ: #1228 Walter R. Wittmer, 1420 Baldur Park Road - Variance - Resolution Zoning District - LR-1C 1/2 Acre Sewered Application - Request for side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. List of Bshibits - A - Proposed Resolution B - Planning Commission Minutes of 11/16/87 C - Notice of Planning Commission Action 11/25/87 D - Memo and Exhibits of November 12, 1987 Pertinent Facts - 1. Hardcover: Existing 0-75' = 6.4% with no change proposed Existing 75-250' = 50.4% with no change proposed 2. Average '.akeshore Setback encroachment: Existing = 7',no change proposed (existing wing walls on either side of the enclosure location already create a completely opaque second story area, hence, no additional view encroachment will occur). 3. Oide Setback variance: Existing first story and proposed second story over it are approximately ..2' from the side lot line. Discussion Please review t memo and exhibits of November 12, 1987. Applicant constructed an 8'x 30' deck a few years after his 1978 variance approval to extend the house. The deck is in violation of that variance approval. At the Planning Commission meeting applicant acknowledged that, having reread the conditions of the 1978 variance approval, the deck was not approved. Applicant agrees to remove the 8'x 30' deck as long as he is allowed to keep a 6'x 8' section at the doorway area as an entryway deck, which was approved in 1978. Zoning File #1228 December 9, 1987 Page 2 of 2 Planning Commission at recommended 5-0 to approve lakeshore setback variance finding that there will be any light, air, or open additional hardcover as following conditions: their November 16, 1987 meeting the side setback variance and average to construct a second story addition no significant new encroachment into pace in the neighborhood and no i result of the project, under the 1. Applicant must remove the 8'x 30' deck except for a 6'x 8' section which is allowed to remain. 2. The removed deck sections may be replaced with a loose rock or wood chip area underlain by permeable geotechnical weed reduction fabric (but not plastic sheeting which is hardcover). Staff ftecc�ndation - Staff recommends approval of the proposed variances per the planning Commission recommendation per the attached proposed resolution. Final 0-75' hardcover after removal of the portions of the deck is 48 s.f. or 1.3%. 5363304 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1�5 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODES SECTION 10.25, SUBDIVISION 6(B) AND SECTION 10.22, SUBDIVISIONS 1 i 2 FILE #1228 WHEREAS, Walter Wittmer (hereinafter "the applicant") is the owner of the property located at 1420 Baldur Park Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10, Block 1, Ballur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning C)d= Section 10.25, Subdivision 6(B) to permit the construction of a second story addition over an existing structure with sideyard setba :k of 4.2' where a 10' side setback is normally required; and a variance to Section 10.22, Subdivision 1 to allow such structure to encroach past the average lakeshore setback line where no encroachment is normally allowed and into the 0-75' lakeshore setback zone where no encroachment is normally allowed; and a variance to Section 30.22, Subdivision 2 to allow the continuation of existing Tion-permitted hardcover within the 0-75' lakeshore setback zone where no hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Toning File 111228. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on N November 16, 1987, and recommendc(' approval of the proposed -*variances based upon the followinn findings: a) Because of the nature of the existing opaque wing wal is H on either- side of the enclosure location,no additional view T encroachment will result nor will there be any significant new encroachment into light, air, or open space in the neighborhood. b) The proposal results in no added hardcover on the property. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. () Applicant constructed an 8'x 30' deck on the lakeshore side of the existing residence in violation of the conditions of the original 1978 variance approval Application #368. Applicant should comply with condition of that approval by removal the appropriate portions of that illegal deck. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 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 vari4nce would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a second story addition over an ex -sting first story located 4.2' from the side lut line where a 10' side setback is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow encroachment of 7' into the average lakeshore setback zone where no encroachment is normally allowed and allow a 1' encroachment into the 0-7-' lakeshore setbc:ck zone where no encroachment is normally allowed; and grants a variance to Section 10.22, Subdivision 2 to al low hardcover of 1.3% in the 0- 75' lakeshore setback zone where no hardcover is normal ly allowed, subject to the following conditions: 1. Applicant must remove tt,e 8'x 30' deck excepr for a 6'x 8' section which is allowed to remain. 2. The removed deck sections may be replaced with a loose rock or woodchip area underlain by permeable geotechnical weed reduction fabric but not plastic sheeting which is hardcover. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2325 3. Final allowed hardcover on the property is as follows: 0-75' Zone (area = 3,750 s.f.) - 6'x 8' deck = 48 s.f. or 1.3% allowed hardcover 75-250' Zone (area = 5,850 s.f.) allowed hardcover - House 2,073 s.f. Garage b24 s.f. Asphalt 650 s.f. Gravel parking area 250 s.f. 1-idewalks: between house 6 garage 60 s.f. along e;:st side of garage 78 s.f. alongnorth sid^ of garage 78 s.f. edge of driveway apror, 16 s.f. along houses 120 s.f. Total = 2,949 s.f. or 50.4% Applicant is advised that any future proposal that results in increase in hardcover will not be apprcved but might be apprcv ed only in conjunction with concurrent removal of an equal a:ount of existing hardcover. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and rust be exercised by application for a building permit within or,e year of the date of Council approval, or this variance will expire on that date (December 14, 1988). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically termi--.ate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of :aimself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Arlopted by tl:e Crono City Counci 1 on this 14th day of DecOhber, 1987. ATTtST: /1 .othy M a n, city Clerk Property Owners Page 3 c{ 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO s-� 5 STATE OF MINNESOTA ) 1 ss. COUNTY OF HENNEPIN ) On this day of �'� 198_ before me a Notary public within and for said county, personally appeared rI known to me to be the person • described in and who executed the foregoinq instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. T1161106A L. HAAB hob • &VW0$ WTA 11tMNEP1N COUNTY STATE. OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC 94-gam MY COMMISSION EXPIRES On this �t34' day of ti P 198/, before me a Notar Public w k n and for sa County, personally appeared 4-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 M;�M twomm aww—mA MY COMAISS10N EXPIRES Facie 4 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono. Hennepin County. Minnesota. do hereby certify that ! have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on Decerrtber 14 . 19 87 . and that the same is a true and correct copy of sa.d resolution was duly adopted by said City Council at said meeting. In Witnes9 Whereof, I have hereunto set my hand and seal this loth , day of December 9 19 87 orothy M. ling City Clerk (SEAL) CAL V. 1. at 164 P I�Nl O CS ` 7 INUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1987 i 12 2 8 FILTER W I TTMER 20 UR ^ARK ROAD CB RESOLUTION t2325 Walter Wittmer was present for this matter. MAYOR'S REPORT: City Administrator Bernhardson explained the request for a side setback variance and average lakeshore setback variance to construct a second story addition in a side yard and slightly within the 75' lakeshore setback zone. He stated that the applicant had constructed an 8'x 30' deck a few years after his 1978 variance approval to extend the house. The deck is in violation of that variance approval. Applicant has agreed to remove the 81x 30' deck as long as he is allowed tc keep a 6'x 8' section at the doorway area as an entryway deck, which was approved in 1978. Planning Commission recommended approval and a 1 lowing the removed deck sections to be replaced with a logy se rock or wood chip area underlain by permeable geotechnical geed reduction fabric. Assistant Zoning Administrator Gaffron explained the wing walls on the second story addition which are essentially an extension of the wall. In response to Mayor Grabek's question as to why the deck was built in the first place, Mr. Wittmer stated it was an error on his part by lack of memory of what was actually approved. Mr. Wittmer noted that he obtained the neighbors' consent prior to lding the deck. In response to Councilmember CaIlahan's question, Assistant Zoning Administrator Gaffron explained the type of permeable geotechnical weed reduction fabric which staff .:onsiders non -hardcover and a better solution to weed inhibition than other no-i-hardcover solutions usinq chemicals. It was moved by Councilmember Sime, seconded by Councilmember Goetten, to adopt Resolution #2325 approving the variance per staff recommendation. Motion, Ayes 4, Nays 1. Councilmember Callahan voted nay because he is opposed to allowing the use of the permeable geotechnical weed reduction fabric. Mayor Grabek had no report. APPLICATION NO. 1228 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/15/87 --------------------------------------------------------------------------- TO: Walter Wittmer COPIES: 1420 Baldur Park Road Wayzata, MN 55391 ..-------------I ----------------------------------------------------------- T?PE OF APPLICATION: XX Variance --------------------------------------------------------------------------- DATE OF MEETING: 12/14/87 VOTE: 4 For 1 Against COUNCIL ACTION - NOTION: To approve per the findings and conditions of the resolution previously mailed to you. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than December 14, 1988. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. -4 is a � POPHAM, HAIK,SCHNOBRICH 6 KAUFMAN, WAYNE O.POPHAM RAYMONO A. HAIK ROOER W. SCHNO/RICH OENVCR KAUIMAH ROBCRT A.MINISN ROLFC A WORDEN ..MARC WHITEHEAD BRL/CC D. WILLIS /REOER ICK S. RICHAROS O. RCSCRT JOHNSON GARY R. MACOMBER ROBE RT S. BURK HUGN V. PLUNKEt T.III FR[O[RICA C. BROWN THOMAS K. BERO JAMES R ST[IL[N JAM[$ B. LOCIIHAR' ALLEN W. HINOERAKLR C LIrrORD M.OREENE O. WILLIAM KAUFMAN M ICHAEL O. FREEMAN NOWARO SAM MYERS, III LARPY D.[SPEL JANIE S. MAvCRON J300 PIPER JAFFRAY TOWER L� C MINNEAPOLIS, MINNESOTA 55402 D THOMAS J.BARR[TT TCLEPHONE MARK B.PET TCRRANCE A OSTELLO JAMES A. PAYN( 612-333-4000 D. RANDALL It PH D VA59 DAVID A. JONES BRIAN N.J I M LEE E.SHEENr TELECOPIER TIMOTHv w [ NCLCSN1h ALAIN FRECON 1731 B12 - 33A 2713 CAROL B. S N GREGORr SCOT T LESLIE GILLETT( 1321812-334-2781 BRUCE • ROSANNE G IAiDCN'% BEI MICHAEL T. NILAN JULIE A. S E-TZEP CA L ROBERT ti LTNN I]11812-]31L-i60] THOMAS C. SEN THERESE M E THOMAS M BIPNINS KATHLEEN A SLAT FLEMINO -WO FC ROBERT C-MOILANEN MICHAEL D. CHRISTENSON DEBO THOMAS F. NELSON SUITE 2400 J MICHAEL SCHWARTZ 'AC.. M JONE THOMAS J. RADIO 1200 SEVENTEENTH STREET L.RAYE M.OSBORNE BENSON K WHITNEY DAVID L.HASHMALL DENVER. COLORADO 111080a TOOD M.JONN50N KATHPYN M. WALKER KATHLEEN M. MARTIN TELEPHONE 303 493-1200 JEFFRCY P. CAIRNS GEORGE J. SOCHA JOHN C. CHILDS LOUIS P. SMITH $MANE R. KELLEY DOUGLAS P.SEAT N TELECOPIER 303-493-2994 BRUCE H LITTLE SUSAN M WEIS THOMAS E. SA' •CR MARK F, PAL MA MARK F. TEN EYCK RICHARb � nAPLAN SUITE 300 SOUTH R US S ELL S. PO H ESSA DUANE R. NOECKER BRUrY ..M-PNEETERS 1800 M STREET,N.W. BRYAN L.CRAW►ORD ....NTT E. RICHTER WASHINGTON. D. C. 20036 MATTHEW E. DAMON PAUL J. LINSTROTH TELEPHONE 2O2-828-11300 JOHN W PROVO A. SMITH ELLEN SUE PARKER SC0TT TELECOPIER 202. 92B-531S, LI2ABETH A. THOMPSON O*too RY O. aROOILER O• GOVN$t, KEITH J. HALLELAND DIRECT DIAL NUMBER WILLIAM M. OJIL[, JR. ►RED L.MORRISON 334-1 ". "1 January 19, 1988 Ms. Jeanne Mahustl-► City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Enclosed you will find Resolution No. 2325 qrantinq a variance to Mr. Walter Wittner. It was filed in abstract Property on December 31, 1987 as Document No. 5363304. If you have any questions, please feel free to call either me or my secretary, Joyce Pedersen at 334-2736. NEH/jlp/3228 Enclosures Very truly yours, Nancy E. Husnik Leqal Assistant