HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Clint & Jody Morrison
3510 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
DATE OF MEETING: 7/27/98
COUNCIL ACTION - MOTION:
APPLICATION NO. 2396
NOTICE OF COUNCIL ACTION
Date of Notice: July 28, 1998
COPIES:
VOTE: 5 FOR 0 AGAINST
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
You must apply for and obtain a building permit prior to commencement of construction. (The
building permit application is a separate application from the zoning variance or conditional use
application.)
Variance Approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance
approval expires one year after date of approval. Permit application must be submitted no later
than July 27, 1999.
Building Permit is required - contact Building Inspector regarding status of your permit
application.
Deadline Date: 7/27/99
For work permit application.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
ch
REQUEST FOR COUNCIL ACTION
DATE: 7/27/98
ITEM NO.: 1 S
Department Approval: Administrator Reviewed: Agenda Section:
Name Paul Weinberger Zoning
Title Assistant Zoning Administrator
Item Description: #2396 Clint and Jody Morrison
3510 Bayside Road
Variances
Zoning District: LR-lA One Family Rural Residential District
Lot Area: 59,282 square feet (1.36 acres)
Application:
The applicant's have proposed to remove their current residence to construct a new house and
attached garage. They are requesting a variance from lot size requirements to construct a principal
structure on a lot that is 1.36 acres where 2 acres is required. A second variance from average
lakeshore setback requirements is necessary to build on the property. The property also contains an
accessory structure that the applicants have requested to remain on the property during the
demolition and reconstruction period. A third variance is necessary for an accessory structure to
remain on the lot without a principal structure.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended by a 6 to 0 vote to:
Approve the variances to permit the applicant's to rebuild on the lot and allow the
accessory structure to remain on the property without a principal structure.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Assistant Zoning Administrator
DATE: July 9, 1998
SUBJECT: #2396 Clint and Jody Morrison
3510 Bayside Road
Variances --Public Hearing
Zoning District: LR-IA One Family Lakeshore Residential District (2 Acre)
Lot Area: 59,282 square feet (1.36 acres)
Application: The applicants have proposed to remove their current residence to construct
a new house and attached garage. The applicants are requesting a variance
from lot size requirements to construct the structure. A second variance from
average lakeshore setback requirements is necessary to build on the property.
The property also contains an accessory structure that the applicants have
requested to remain on the property during the demolition and reconstruction
period. A third variance is necessary for an accessory structure to remain on
the lot without a principal structure.
Pertinent Ordinances:
• Section 10.22, Subd. 1(A): Lakeshore Setback Regulations
• Section 10.22, Subd. 1(B): Average Lakeshore Setback Regulations
• Section 10.56 (16)(C)(6): Average Lakeshore Setback Regulations
• Section 10.23: One Family Lakeshore Residential District
• Section 10.03: Accessory Structures
#2396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page I
ANALYSIS
Lot Area and Yards
LR-lA
Lot Area
Lot Width
Lakeside Yard
Side Yard
Rear Yard
Street Yard
(2 acre)
Required
87,120 s.f
200'
75'
30'
50'
50'
Proposed
59,282 s.f
347'
Existing: 95'
Existing: 67'
77.5'
67'
Proposed:125'
Proposed: 64'
66'
The subject property does not meet lot area requirements. The lot and proposed residence meets
required setback distances.
However, the existing and proposed residence do not meet the Average Lakeshore Setback
requirement.
Hardcover
Distance
Total Area in
Existing
Allowed
Proposed
Variance
from
Setback
Hardcover
Hardcover
Hardcover
Requested
Shoreline
0'-75'
5,900 s.f.
0
none
0
none
(0%)
75'-250'
50,220 s.f.
8,349 s.f
12,555 s.f.
10,888 s.f.
none
16.62%
(25%)
21.68%
250'-500'
3,162 s.f.
0
0
0
none
(30%)
500'-1000'
0
0
0
0
none
(35%)
The applicant would increase the total hardcover within the 75'- 250' from 16.62% to 21.68%. The
lot would not require a variance for hardcover.
#2396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page 2
Structural Coverage
Total Lot Size
Total Structural Coverage
Percentage
59,282 s.f.
Existing: 2,966
Proposed: 4,395
5.0%
7.4%
The lot does meet the 15% structural coverage requirement.
Variance
ANALYSIS
STATEMENT OF HARDSHIP
The applicant's have included their statement of hardship in Exhibit A. The applicant should also
be asked for their testimony regarding this issue.
Criteria for Determining Undue Hardship
The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property can continue to be used in its current state with the existing structure. The
use of the property would remain residential should the variances be approved.
The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property was platted before the 2 acre minimum lot size was required for the zoning
district. It is not possible for the lot to meet average lakeshore setback standards, due to
the lot being located on a corner. The entire buildable area of the lot is within the average
lakeshore setback.
The neighboring lots do have view access of the lake across the applicant's property. The
applicant has indicated their lot is very wooded creating a visual shield between the
homes.
41396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page 3
3. The variance, if granted, will not alter the essential character of the locality.
Both variances would not change the locality, as the property currently functions as a
single-family residence.
4. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
Economic factors are not a consideration with this application.
Undue hardship also includes, but is not limited to, inadequate access to direct sunlight
for solar energy systems.
Solar access is not a consideration.
6. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
The use of the property would remain residential, which is consistent with the zoning.
The Board or Council may permit as a variance the temporary use of a one -family
dwelling as a two-family dwelling.
The applicant will not be changing the dwelling status of the property
The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The property does contain a unique characteristic as it is located on a corner, resulting in
the nearly all of the lot being located within the average lakeshore setback. The lot is
almost entirely wooded creating a visual barrier between homes along Bayside Road.
The lot was platted prior to current zoning regulations resulting in a non -conforming lot
9. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The applicant's lot is located on a corner making it impossible to use as a buildable lot
without an average lakeshore setback variance.
#2396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page 4
10. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The location of the lot has made it impossible for the applicant's to construct a new home.
Nearly all lots in the zoning district would meet the average lakeshore setback.
11. The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.
The granting of variances would not be a public concern. The variance from lot size
would be contrary to the Zoning Code. The applicant's have stated it is not possible to
create a two acre lot by adding to their lot.
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
Issues
The variances would alleviate a hardship for lakeshore setback and the lot size they have
inherited.
The applicant is seeking three variances (from average lakeshore setback requirements and
lot size) and a third for an accessory structure to remain on the lot without a principal
structure.
2. The accessory structure would only remain on the lot without a principal structure during
the demolition and reconstruction period.
3. The lot is located on a corner making it impossible to meet average lakeshore setback
requirements.
4. The lot size is 1.36 acres where 2 acres is required for the LR-1A zoning district.
5. The lot does meet all hardcover and structural coverage requirements.
#2396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page 5
STAFF RECOMMENDATION
• Staff recommends approval of the variances for average lakeshore setback and lot size.
• Staff recommends approval of the variance for an accessory structure to remain on the
property without a principal structure.
Attachments
A Application and Statement of Hardship
B Plat Map
C Location Map
D Topographic Map/New Site Plan
E Survey/Existing Site Plan
F Topographic Map/Existing Site Plan
G Permit Record
H Hardcover Calculations
I Property Owners List
J Permit Record
#2396 Clinton and Jody Morrison
3510 Bayside Road
Variances
7120198
Page 6
EXHIBIT A
Application # a30L (o
Date Received S'r� . L4 •6t 9
Amount Paid Zo—
CITY 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)
PROPERTY INFORMATION
Property Identification Number (P.I.D.)
Attach legal description to application if not included on required survey.
Date Property Acquired, \ \��`J
I (do) ( ono also own the adjacent parcels of land.
Present use of property: ✓ residential other (snecifv)
APPLICANT Phone (home)
Name C c n o Phone (work Q� 'aq n— 2 3
Address: -hrj `-D Qom` City: Com c) Zip: r� 3 rs
OWNER (if different than applicant) Phone (home)
Name Phone (work)
Address: City: Zip:
DESCRIPTION OF REQUEST
Describe request in detail:
(attach
VARIANCES REQUIRED
Lot Area _ Lot Width
Estimated Construction Cost
sheets if necessary)
Hardcover
Setback: _ Front _ Side _ Rear
Other (specify)
_Lot Coverage
? Average Lakeshore
HARDSHIPIDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: t7v-<- ek\�� '\g '\C'� �-,g
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PERMIT RECORD
Permit No. Date Type of Permit
Application # ;a0_,(o
Date Received CD .24 . q 8
Amount Paid
CITY 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)
PROPERTY INFORMATION
SiteAddress `35 (p,A 0
Property Identification Numb r (P.I.D.) �'
Attach legal description to application if not included on required survey.
Date Property Acquired_ -,�: �•
I (do) (ono also own the adjacent parcels of lanrl
Present use of
Zoning District:
APPLICANT Phone (home) -�k ri lb
Name C \i ��n p o Phone (work C`) - 3
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City: Q :M p Zip:
OWNER (if different than applicant) Phone (home)
Name Phone (work) , v
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P:
DESCRIPTION OF REQUEST
Describe request in detail:s
(attach
VARIANCES REQUIRED
-1�-- Lot Area _ Lot Width
Estimated Construction Cost $
Setback: _ Front Side
Other (specify)
sheets if necessary)
Hardcover _Lot Coverage
Rear ? Average Lakeshore
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: O pr,�j v_ n a - 0
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CITY of ORONO
J� Municipal Offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
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. C40
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 requires Council action to approve, some
information may become public. CQ
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
4k
6. Your full name is required to process this application or permit.
C It r on Hui- Te /ir0✓r'rsatl
First \\ Middle Last
\0s 9.�d-� �P -R\O GA
Address — -
City
I understand my rights as stated above.
State
Zip
dc:
Phone
Telephone (612) 473-7357 • FAX 473-0510
10
June 8, 1998'
Mr. Eric Jorgenson
Hennepin County Dept of Finance/Properties
Room A-6, Henn County Government Center
300 South 6s' Street
Mpls MN 55487-0060
Re: Orono Variance Approval/Documents Require
Dear Mr. Jorgenson,
Enclosed please find my check for $25.00 which is to pay for documents relating to our
property at 3510 Bayside Road, Lone Lake Minnesota 55356 Please mail all necessary
and requested documents to this Bayside address
We reside within the city of Orono and are doing construction that requires Variance
Approval, hence we need the legal list of all neighbors within 150', the maps, and their
mailing address labels, as requested by the city of Orono. coo
Thank you for your kind attention. Please call with any questions at 73-5043.
Sincerely,
Jod
3510 Bayside Road
Long Lake MN 55356
r
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 #2396, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 8th day of July, 1998.
Mary'Ann Y6hnson
CITY T£ ORONO
MuniciPa9 offices
Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323 0066
VARIANCE
Notice of Public Hearing
File #2396
Date: July 7, 1998
The City of Orono is required to send mailed notice to all property owners within 150'
of the property located at 3510 Bayside Road.
The property owner(s) have applied for one or more variances to the Zoning Code
to construct a new residence and to retain the existing boathouse.
The Planning Commission will hold a pubic hearing on:
July 20, 1998
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 473-7357. The proposed
plans are available for review by appointment.
Elizabeth Van Zomeren
City Planner/ Zoning Administrator
Telephone (612) 473-7357 0 FAX 473-0510
TRACKING SHEET
FILE NO. a 3 9
f Staff: a
Applicant: C / i' Wk hi + J o j� M L) y, .
Address: 3,91 b $c=�,siclt. Poaj
Meeting with Staff:
❑ Date Application Completed:
❑ Incomplete Notice Sent:
❑ Date Property Owners Notified: ❑ Date Legal Notice Published: 7%ybg
❑ PC Meeting(s): 7/Z ol- g
❑ Notice of PC Action:
❑ City Council Meeting(s):
❑ Resolution
X:WPPS\WPWIN60\W PDOCS\CAROLE\FORMS\7RKNG.SHT
Zip:
60 Day: RA 3 /F g
Vote:
Vote:
Vote:
Vote:
Vote:
Vote:
UI I T OF UHUNU
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-
0510
Affidavit of Publication
NOTICE
The Planning Commission will hold
public hearings in the Council Chambers at
2780 Kelley Parkway on Monday, Jury 20,
1998, beginning at 6:30 p.m. on the matter of
reviewing the following land use applications:
1. #2381 Busse Construction, on behalf
of James John son„4300 Watertown Road
and Charles Larson, 4285 61h Avenue
North, requests a conditional use permit to
allow construction of a berm.
2. 92382 Busse Construction. on behalf
of Tim Olen, 425 Turnham Road, requests
a conditional use permit Io allow land
alteration.
3. #2385 Stephanie Kroeger, 3465
Crystal Place, requests a side yard setback
and hardcover variances to remove an
existing garage to build a new garage.
4. #2386 Busse Construction, on behalf
of Katherine Calgrove- 4260 1 Avenue
North, requests aconditional use permit for
land alteration. - -
5. #2387 Busse Construction, on behalf
of Bob Gehrman, 4300 6th Avenue North,
requests a conditionai use peon« for land
alteration.
6. #2389 Daniel J. Klum. 2801 Fox
Street, requests a conditional use permit to
allow plumbing in an accessory structure.
7. #2390 David Rahn, 1385 Rest
Point Road, requests variances for
hardcover, yard setbacks, and conditional
use permit to construct a new detached
garage and sidewalk.
8. #2391 Evan Anderson, 1260
Spruce Place, requests a hardcover
variance to construct a new patio and garage:
9. #2392 Thomas Berscheid, 1365
Rest Point Road. requests a conditional
use permit to construct a detached garage on
a through Ol.
10. #2393 Richard and Carol Kail, 2917
Casco Point Road, requests hardcover
and setback variances to construct a new
garage.
11. #2394 C. Peter Pearson Co. on
behalf of Gary and Bonnie Birnbaum, 2695
Kelly Avenue, request a hardcover variance
and side yard adjacent to streer corback
variance to construct a new residence on e
vacant lot.
12. 92395 Brent Benualt, 1453 Park
Drive, requests a side yard setback
variance, and 10' vacation of the adjacent fire
lane to construct a new detached garage and
replace a deck.
13. #2396 Clint and Jody Morrison,
3510 Bayside Road, request a lot area and
average Lakeshore setback variance to
remove the existing residence and construct
a new residence.
14. 42397 Joe and Leslie Lucas. 1060
North Brown Road, request a side yard
setback variance to construct an addition to
an existing residence.
All persons wishing to be heard are
encouraged to attend this meeting. Written
comments are solicited. Plans are available
in the City Offices for review. by appointment.
For an.appomiment. call 473 7357,
City of Orono
By: Planning Commission
Elizabeth Van Zomeren
City Planner.Zoning Administrator
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 331A.02, 331A.07, and other applicable
laws, as amended.
B.) 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 4 day of July 1998
and was thereafter printed and published every
Saturday, to and including Saturday,
the day o 19_;
t
Authorized Agent
Subscribed and sworn tome on this
4 day
By:
KRISTI HOLM '
NOTARY PJeL1C-MINNESOTA
MY COMMISSION EXPIRES
JANU'ARY 31, 2000
(1) Lowest classified rate paid by commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
(Published in The Laker and Pioneer July
4, 1998)
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Clint & Jody Morrison
3510 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION:
DATE OF MEETING: 7/20/98
Variance
ZONING FILE #2396
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 7/21/98
COPIES TO:
VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted with the following change:
- variance to retain the existing accessory structure.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council Monday, July 27, 1998, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTIOM2396
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO:
ZONING FILE #.2 3 Q {
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE:
COPIES TO:
---------Q1=-, -A'A -m- o r [ S 'u-----------------------------------------------------------------
TYPE OF APPLICATION: k Variance
Conditional Use Permit
Subdivision
Other
DATE.OF MEETING:
VOTE: 6 FOR () AGAINST
Planning Commission recommends the following:
x Approval as submitted a � f A -�L t o YdW in q
Approval subject to conditions noted below d
_ Denial for reasons noted below
Tabled for reasons noted below
No action required
NOTES AND SPECIAL CONDITIONS:
Additional information is requested, as follows:
eAamr
�o,ria,v.k io Te�0.ivi
S�rv�c
Applicant's next scheduled meeting is dependent upon receipt of additional information.
Deadline for the meeting is or for the
meeting.
Applicant's next scheduled meeting is confumed as:
_ Planning Commission 19 ; meeting starts at _ p.m.
City Council Jkd27, 199$ meeting starts at TOO p.m.
You will be notified by mail of the meeting date and time.
In all cases, the application must be continued with the submittal of requested information
within or the City will consider the application as formally withdrawn.