HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING HELD APRIL 22, 1991
(14)ZONING FILE 11629-MCNULTY CONSTRUCTION CONTINUED
We w8uld ask Council t 1 also cunsider the fact that the
proper-t.:y own ~r hci s g i v,,n ;:p substanti ;1l property rights.
Restrictions have been r~corded i ri the chain of title. The
applica .,1t hds expended substanti ,11 funds to constru::t the
accessory s t:.ructure containing uLili ty, s~curi ty a;1d s:tpport
facilities more than sufficient to handle this addition he is now
proposing. It would place an unnecessary financial hardship, aa
well as an environmental burden on the property, if the applicant
has to duplicate those services should he choose to put the 1,190
s.f. addition on the existing home.
Annther issue f,">r consideration is that given this property,
3.n i,:.s present condition with the oversized structu1~e already
permitted, it seems to me that special conditions a?plying to the
property are definitely peculiar to this property a :1d do not
apply generally to any other land or structures in the District
in which this proper~y is located. Th,=it is bas,==d on what has
been done.
In summary, hardships are very d.i ff icul t. It seems to me
that the basic thrust of the applicant's position is that there
should be consistency and u~iformity of application to the Zoning
Ordinance to a particuldr piece of property. That consistency
;:ind uniformity does point tc> tl1e Council's approval of this
minimal Variance that the applicant is requesting."
Taylor noted an error he believed to exist on page five of
the propos.~d resolution whe,~e it stat,==d in paragraph nine that
the actual floor area of the sports center is 15,836 s .f., rather
than 13,886 s.f.
It was :-,1oved by Butler, seconded by Jabbour, to adopt the
Resoluti~n for denial as presented by City Staff. Motion,
Ayes-2, Mayor P2terson, Goetten, ar1d Callahan, Nay. Motion
failed.
It was moved by Callahan, s:=conded bf Mayor Peterson, to
conceptually appro~e the Varian~e request to construct an
addition to the e;~isting sports center. Staff is directed to
prepare an appropriate resolution for Council's consideration at
their M.::ty 1.3, l 9 91 m,,)eting. Motion, Ayes-3, Butler, Jabbour,
Nay. Motion passed.
(IS)ZONING FILE #1634-JAMES & JOAN MAUS
3700 BAYSIDE ROAD
VARIANCE-RESOLUTION #2954
Jim and Joan Maus were present.
8ernhardson stated that this a2plication involves a request
for a side setbac!< Variance to construct an addition to the
existing residence. He added that due to the location of the
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ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991
{#5)ZONING FILE #1634-MAUS CONTINUED
adj a cent r2sidential structures, a:1 a .,,er age L,keshore setback
Variance must al.-:,o be addressed. Bernhards(m nob!d that the
Pl~nning Commission recommended approval of this application.
It was moved by Butler, seconded by Mayor Peterson, to adopt
Resolution #2954, granting a side setback and a-1erage l.=i.keshore
setback Variance to constru~t a n addition to the existing
residence of James and Joan Maus, located at 3700 B~yside R0ad.
All voted aye. MotiJn passed.
{#6)ZONING FILE #1636-STEVEN TIBBETTS
1810 SHADYWOOD ROAD
VARIANCE-RESOLUTION #2955
Steven Tibbetts was present.
Bernhardson provided a 1)rief s~1mmary of t :1.e
statistics for Mr. Tibbetts' property, as outlined
Mabusth's April 11, 1991, memo. He note:: that the
Commission had recommended approval.
h=1.rdcover
in Jeanne
Planning
It was moved by Callahan, seconded by B~tler, to adopt
Resolution #2955, granting after-thc-fa~t hardcover and side
aetback Variances f )r t ~l.e construction of an addition to the
principal structure of Steven Tibbetts, located ~t 1810 Shadywood
Road. All voted aye-Motion passed.
{#7)ZONING FILE #1637-SPRING HILL
725 SIXTH AVENUE NORTH
CONDITIONAL USE PERMIT-RESOLUTION
Jud Dayton was present,
Mitchell.
LAND COMPANY
#2956
w::.s hi.s a 'c.torney, R,:,bert
Bernhard son r,=::viewed t:1e ii_;sues p ,::ortaining t<J tliis
application as set forth in Jeanne Mabusth's memo dated April 12,
1991, and her additional A~,ril 19, 1991 comments b,-ised 011 the
Planning Commission's review. He stated that a question had
arisen at the Public H;:aring regarding whether o...::-not the "for-
profit" company wou~_d be able to operate and lease out other
conference space. T!1e i 1i tial opinion was that would not bt-,
allowed. However, either the Church or th2 Freshwater Biological
Foundation would b~= able to do so. B,:=·rnhardson advised that
Staff al~,o learned that as long as the property is owned by a
"for-p,:-of it" company, it will remain 011 the t=i.x r :)lls, even
thou~h the property will be leas,;:d to non-profit organizations.
Bernhardson asked Mabusth to cl.arify t~e issue of legal
combination of the parcels involved with the Conference Center.
Mabusth confirmed that the applicant has agreed to legally
combine the parcels on which the Conference :i_s located. She
noted t.·1at an amended lE~tter h=1.s bi,-)en r,=::cei ved f :::-om the
applicant's attorney setting forth the revisions deemed necessary
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323 473-7357
APPLICATION NO. 1634
NOTICE OF COUNCIL ACTION
Date of Notice: 4/25/91
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TO: James & Joan Maus COPIES:
3700 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
DATE OF MEETING: 4/22/91 VOTE: 5 For O Against
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution
enclosed herewith.
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
April 22, 1992.
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.
ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991
(J4)ZONING FILE ~1633-MCDERMOTT CONTINUED
created the hardship for this property by allowing the house to
:Je construct2d so close to the rear propert y line. Rowlette
asked whether it would be appropriate for the Planning Commission
to address the excess hardcover in the 75-250' foot setback area,
even though the a?plicant is proposing no increase in hardcover.
Mabusth explained Council's recent directiv -:s to have plastic
und,=r landscape areas removed if hardcover percentages exceed the
City's standards. She informed the Planning Commission that they
have the right to ask the applicant to remove the landscape
plastic that exists in the 75-250' setback area. Cohen stated
that he preferred to leave his motion as is. M~)tion, Ayes-6,
Johnson, Nay. Motion carried. Johnson believed that the excess
hardcover in the 75-250' aetback area should have been addressed.
(fS)ZONING FILE #1634-JAMES & JOAN MAUS
3700 BAYSIDE ROAD
VARIANCE-PUBLIC HEARING
James and J~an Maus were present.
At 7:37 p.m., Kell-::y open,:d the Public Hearing, a ;~d asked
Mabusth to provide a brief explanation of the application.
Mabus~h stated that the applicants are seeking approval of
side setback and average lakeshore setback Variances to construct
an addition to their existing residence. She noted that when the
property W3S divided, the p:::-operty W3.S within the RR-lA Zoning
District, whi.::h required five acres and a :30 foot side setback.
i1abusth stated that because it was built prior to zoning code
requirements, not only does the existing residence not meet a 50
foot side s~tback, but it does not meet a 30 foot side s~tback,
as required under the present zoning classification of LR-lA.
Kelley asked the M,rnses if they knew when the addition o .'.1
the east side of the house was constructed.
Joan Maus s~ated that the east a::1dition m"Jst have been
constructed at least ten years ago ~y the previous owner of the
property.
Rowlette stated that she had lived near this house for 17
years, and that the east addition had originally been a porch,
which was then converted into a family room.
Kelley asked Mabusth if she had received any input from the
Mauses' neighbors.
Mabusth stated that she had not received a~ything from the
neighbors.
James M::ius advised that the B:1rgers and the O.lsons fully
supported their addition plans.
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ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991
(j5)ZONING FILE tl 63 4 -MAUS CONTINUED
There were n:J i?'.1blic comments regarding this m:1tter, and
Kelley closed th e Public Hearing at 7 :<!0 p .m.
It was mov ed
approval of t:ie
Va riances based on
9, 1991 memo. All
b y Rowl ette, seconded by Hanson, to recommend
side setbac k a ~d average lakesho=e setback
the six hardships and noted in Mabusth's April
voted a y e. Motion carried.
(#6)ZONING FILE Jl635-JOHN O'SULLIVAN & ERWIN SMITH
2420 SHADYWOOD ROAD
VARIANCE/COMMERCIAL SITE PLAN REVIEW-PUBLIC HEARING
John O'Sullivan was present.
Kelley opened the P~blic H~aring at 7:08 p.m.
Mabusth reviewed the issues invol v ed with John O'Sullivan's
request for a 10' x 25' concrete block addition onto the east
side of the car wash portion of his service station. (See Jeanne
Mabus th' s A:;,ril 8, 19 91 m2mo. ) Mabusth asked ~·lr. 0 ·Sullivan if
he would explain why additional storage could not be provided on
top or below the existing building.
0' Sullivan responded, "Fr::)m an engineering standpoint,
placing a storage area under the building would not be a viable
alternative. The itess may freeze if stor,:d on top of the
building, and I would think that placing a storage area 0'.1 top
would create an e y e-sore. We are planning to locate the storage
area b,:hind the car w.3.sh where it will v irtuall y be invisible
from Shadywood Road. We had discussed an alternate plan with the
Building Department involving construction of a raised platform
within the car wash bay. We determined, however, that it would
be more cost effective to add onto the exterior of the building,
rather than the interior. The::::-e may also b :~ a problem with
moisture if the computerized equipment is stored within the car
wash bay."
There were no comments from the p•.1blic on this matter, and
Kelley closed the Public Hearing at 7:15 p.rn.
:<elley asked M3.busth if the City h3.d received any comments
from the Freshwater Biological Institute.
Mabusth replied, "No, the City has heard nothing from them."
Johns::m noted that it will be necessary to remove trees to
construct the addition asked Mr. O'Sullivan to explain his plans
for screening.
0' Sullivan explained, "At the m:Jst, W·= will be removing one
tree. I like trees, but the one in question is a Cottonwood that
plugs our air conditioning and heating systems, two or three
-8 -
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: April 9, 1991
Subject: #1634 James & Joan Maus, 3700 Bayside Road -
Variance -Public Hearing
Zoning District -LR-lA
Pertinent Ordinance -
Section 10.23, Subdivision 6 (B) -Side setback variance
required for proposed rear addition to existing residence.
Required= 30'
Proposed= 10 1 6 11
Variance= 19'6" or 65%
List of Exhibits
Exhibit A -Application
Exhibit B -Property Owners List
Exhibit C -Plat Map
Exhibit Dl-3 -Hardcover Fact Sheets
Exhibit E -Existing Site Plan
Exhibit F -Proposed Site Plan
Exhibit G -1977 Subdivision
Exhibit H -Weckman Memo
Exhibit I -Septic Map
Exhibit J -Elevations
Exhibit K -Floor Plans
Exhibit L -Cross Section
Review of Application -
The applicant seeks approval of a side setback variance for
a 18'x22' addition to the rear or north side of existing
structure. The 2\ story addition shall replace an existing
sunken patio area that wi 11 result in a reduction in hardcover
within the 250-500' setback area. Please review hardcover fact
sheets (Exhibit Dl thru D 3). There is no house on the property
to the east {review Exhibit C), the house to the immediate west
(review Exhibit G) is 1 oca ted behind the subject structure. An
average lakeshore setback variance would be required although
based on topography and existing year-round vegetation along west
lot line, there is no view impact. The entire structure is
located in front of the front line of the residence structure to
the west. Although lots are not platted to the lakeshore, each
of the properties have separate legal parcels that provide them
with riparian access to the lake. Technically we are obliged to
address the need for an average lakeshore setback variance,
Zoning File #1634
April 9, 1991
Page 2 of 3
The property was subdivided in approximately 1977 and at the
time was zoned R-lA, 5 acre minimum dry contiguous. The property
was recently rezoned with the Landmark subdivision application and
is now zoned LR-lA, 2 acre minimum lot density.
Applicant notes the following hardships:
1. Interior layout/design -applicants have been asked to
submit interior plans to support hardship (this will not be
included in your Wednesday packet). Applicants' consultant
has advised that they will be able to make the Friday packet
deadline.
2. Architectural design of the structure would be destroyed
if located at any other side of the house.
Staff would add the following:
3. The location of the house on the property does not meet
either 5 acre (50' side) or 2 acre (30' side) zoning
standards.
4. Lakeside addition would destroy not only the design, but
would allow the structure to encroach further into the
average lakeshore setback area.
5. Expansion to west is restricted because of existing septic
system.
6. Structure will encroach no closer than the existing
structure to the side lot line.
Mr. Weckman's memo and septic inventory map (Exhibits Hand
I) confirm that the proposed addition wi 11 not inpact the
existing septic system nor burden the existing system with
increased use. Weckman does caution if the loft area is
converted,to a legal bedroom, the septic system would have to be
re-evaluated at that time.
The addition at a maximum height of 21\' meets the allowed
height requirement of 30'.
Options of Action -
Denial. If denied, please refer to the necessary findings in
your zoning code; or
Zoning File #1634
April 9, 1991
Page 3 of 3
Approval. To approve the variance application of James and
Joan Maus of 3700 Bayside Road seeking approval of average
lakeshore and side setback variances for a proposed 18'x22'
addition to the rear or north side of the existing residence to
be located 10'6" from the side lot line instead of the required
30'. Approval is based on one or more of the findings noted
above, and is subject to the following condition:
Applicants are placed on notice that if loft area is
converted to a legal bedroom, the septic system would have
to be re-evaluated at the time of such improvements.
Additional Comments and Planning Commission Recommendations -
April 17, 1991
Additional Exhibit -
Exhibit M -Floor Plan of Existing Residence
The Planning Commission unanimously granted approval of the
side setback and average lakeshore setback variance application
of the applicants adopting the hardships and findings noted
above, subject to the condition that would place applicants on
notice that if loft area is converted to legal bedroom, the
septic system would have to be re-evaluated at the time of such
improvement.
The enclosed resolution has been drafted including the
findings and conditions of the Planning Commission approval.
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B) AND
SECTION 10.22, SUBDIVISION 1 (B)
FILE 11634
WHEREAS, James and Joan Maus (hereinafter "the
applicants") are owners of the property located at 3700 Bayside
Road within the City of Orono (hereinafter "City") and legally
described as Lot 2, Block 1, Burger's Bayside, Hennepin County,
Minnesota (hereinafter "the property"): and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) and Section 10.22, Subdivision 1 (B) to permit the
construction of an 18'x22' addition to the rear or north side of
the existing residence that will be located 10'6" from the east
side lot line instead of the required 30' and that portion of
addition will be located in front of an average lakeshore setback
line.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1634.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District requiring 2 acres in
area for each residential lot. The property consists of 5+
acres.
3. The Orono Planning Commission reviewed this application
on April 15, 1991, and recommended approval of the proposed
variances based upon the following findings and hardships:
Side Setback Variance
A) The interior layout or design of the floor plan of
the existing house will allow for an expansion only to
the rear or north side.
B) Architectural design of the structure would be
destroyed if the addition is located at any other side
of the house.
Page 1 of 5
C) The existing house is located 10' from the lot
line.
D) Lakeside addition would destroy not only the
design, but would allow the structure to encroach
further into an average lakeshore setback area.
E) Expansion to west is restricted because of existing
septic system.
F) Structure will encroach no closer than the existing
structure to the side lot line.
Average Lakeshore Setback Variance
A) The existing residence structure is located in
front of the average lakeshore setback line.
B) Lots are not platted to the lakeshore but have
separate legal parcels that provide each with riparian
access to the lake.
C) Steep topography to the east will minimize any view
impact upon a future residence.
D) Existing year-round vegetation and topography along
west minimizes impact upon existing residence to the
west.
4. 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 applicants, but is necessary to
alleviate a demonstrable hardship or difficulty: is
necessary to preserve a substantial property right of the
applicants: and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
Page 2 of 5
5. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the
applicants and the effect of the after-the-fact variance on
the health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.23, Subdivision 6 (B) to permit the construction
of an 18 'x2 2' addition to the north or rear side of the existing
residence and per Section 10.22, Subdivision 1 (B) grants a
variance to the average lakeshore setback as portions of addition
will be located in front of the average lakeshore setback line.
Approval is subject to the following conditions:
1. Applicants are placed on notice that if loft area is
converted to a legal bedroom, the septic system shall be re-
evaluated at the time of such improvement.
2. Authorities granted by this resolution run with the
property not with the applicants, 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 (April 22, 1992).
3. 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 terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on beha 1 f
of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the property.
Page 3 of 5
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 22nd day of April,
1991.
ATTEST:
Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 22nd day of April, 1991, by Barbara A. Peterson & Dorothy M.
Hallin, 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 4 of 5
CITY OP ORONO -VARIANCE APPLICATION
Initial Application Fee $175.00
($50.00 per each additional variance)
Renewal Variance Fee $100.00
(no change from original application)
After-the-Fact Fees (Double application
PROPERTY LOCATION
fee)
Property Identification Number (P.I.D.) t!J ;:r-. 1/7,,;?...,'? ;;zt/ t?Oti:,f
Attach legal description to application if not included on
required survey.
APPLICANT
Name
Phone (home) J/:7t. -h I :!J-3
Phone (work) C/3C,-L/ ?'d 7
OWNER (if different than applicant) Phone (home) _______ ~
Name Phone (work) --------
Address: City: ________ Zip: ____ _
Date Property Acquired \\ -&::S-(month/year)
I (do) (do not) also own the adjacent parcels of land.
PRESENT USE OP PROPERTY
Present Zoning District
Present Use of Property SJ::.A.}fl ~L 1-~ \z L.S ·
Other (specify)
Residential
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DESCRIPTION OP REQUEST Estimated Construction Cost $ 2.5 c()O
\J f'.Q.:r P._,v<.:.'i... _:,-.:, c..o~ .f-,flvGr ~/0 A 5 .DEr.JbV \..>-JZ-H~
--;14 c..... S T..,)L 5t. 7)/34C.. k, O '4 Wtrc. i-l £ P:S7:I.1Vjr
Describe request in detail: HoMt, -;;s N pu..( 1-o CAT£D·
VARIANCES REQUIRED
Lot Area ( Lot Width Hardcover
Setback Variances Front Side Rear)
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: -rt;\ C t\OI""-L 1.ucv ..... D l..c.:oc:.. CJU•
G:f: ?LP.Ct :C 1 ·"M-\-t. 1'0~1:"1°::S:o\J wt-1?.L AQ P<iO n., AN ,Hc..'l A~-
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements:~v...~N~?~"'---=D~~'---·~r_\.\-~~"'---')\'---'~~[\/\;....;....t._,~~-~~/-·~~t~~~~~s ~~~ivl';....;....~~r~_;.:.:i::_AI~~~
'Tf·t't.., .SLT \31?<:,.t Mi·A.--· \\.~D ~? J..;;, ,q 'i., i~'i...:;r NA.TvllA\..r PLA-C{_,
REQUIRED SUBMITTALS .'::fdl--f"'J.l-1,S I\D.i).
1. Completed Application Form
2 •. Certified Property Owners List of owners within 150' (you must obtain
(
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Plat Map (obtained with property owners list).
4.
s.
6.
7.
8.
Certificate of survey (signed by a licensed surveyor) to include
hardcover calculations as required (provide one (1) copy 8~"xll" for
reproduction).
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed (provide one copy 8~"xll").
Sketches or plans of floor & elevation views (provide 1 copy 8~"xll").
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 al 1 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 a plication, and certifies that the information
supplied is to .,..t.he b~st of his/her knowledge. c,..____ I~
Applicant's Signature ~ Date S / ol /' / 9 /
OWNERS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission membe , and Council members for purposes of investiga-
tion and verification J:his re~~st.
{,~ [VL.~
Owner's Signature ~ Date
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Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning 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.
\,..
\.....
•.__.
..._
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II
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RUN DATE 03/25/91
BATCH 006
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER . NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 05-117-23 21 0001
00055 STUBBS BAY RD N
CITY OF ORONO
CITY OF ORONO
CITY CLERK
PO BOX 66
CRYSTAL BAY MN 55323
38 05-117-23 21 0009 .
00038 ADDRESS UNASSIGNED
STATE OF MINN
STATE OF MINN IDNR¢
(LUCE LINE TRAIL)
38 05-117-23 21 0015
03750 BAYSIDE RD
JOHN BURGER ETAL
JOHN BURGER
3750 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 24 0069
00038 ADDRESS UNASSIGNED
J B MAUS & J E MAUS
JAMES B & JOANE MAUS
3700 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 24 0083
00038 ADDRESS UNASSIGNED
JOHN BURGER ET AL
JOHN BURGER
3750 BAYSIDE RD
LqNG LAKE MN 55356
38 05-117-23 24 0118
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
PARK
4/13/79 ST DEED 156753
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 05-117-23 21 0002
03750 BAYSIDE RD
JOHN BURGER ETAL
JOHN BURGER
3750 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 21 0012
03625 EILEEN ST
JOHN G PIDGEON & HIFE
JOHN & MAGDALEN PIDGEON
10912 GLEN HILDING LANE
BLOOMINGTON MN 55431
38 05-117-23 21 0016
03700 BAYSIDE RD
J B MAUS & J E MAUS
JAMES B & JOANE MAUS
3700 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 24 0070
00038 ADDRESS UNASSIGNED
J B MAUS & J E MAUS
JAMES B & JOANE MAUS
3700 BAYSIDE . RD
LONG LAKE MN 55356
38 05-117-23 24 0084
00038 ADDRESS .UNASSIGNED
JOHN BURGER ET AL
JOHN BURGER
3750 BAYSIDE RD
LONG LAKE MN 55356
TOTAL BATCH 006 00016
REPORT .NO. PI435401
PAGE 15
38 05-117-23 21 0005
03780 BAYSIDE RD
HAZEL ANDERSON
HAZEL ANDERSON
3780 BAYSIDE RD
LONG LAKE MN . 55356
38 05-117-23 21 0013
03630 EILEEN ST
DH ILSE & SL ILSE
DAVID & SHEROKEE ILSES
3630 EILEEN ST
MAPLE PLAIN MN 55359
38 05-117-23 24 0039
00038 ADDRESS UNASSIGNED
HERBERT TOLSON & WIFE
HERBERT TOLSON
3640 BAYSIDE ROAD
LONG LAKE MN 55356
38 05-117-23 24 0082
00038 ADDRESS UNASSIGNED
DANIEL P CAHILL
MRS DANIEL CAHILL
224 N 5TH ST
DELAVAN HI 53115
38 05-111~23 24 0115
00038 ADDRESS UNASSIGNED
STATE LAND DEPT
CITY OF ORONO
PARK
4/13/79 ST -DEED 156753
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RUN DATE 03/25/91
~ATCH 006
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 16
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 PRO/(E TAXATION, TO,,fHE BEST
OF MY KNOWLEDGE AND BELIE':;;' ,;( __ ·. .
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EXISTING HARDCOVER IN ZONE T\
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Building Location Survey
for Jam es B. Maus
in Lot 2, Block 1, Burger's Bayside
Hennepin County, Minnesota
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I hereby certify that this is a true
and correct repr esentat ion of a survey
of the location of four bujldings in
relation to the South and East lines of
Lot 2, Block i', BURGER'S BAYSIDE. It
does not purport to show other i mpro ve-
ments or encroachments .
Scale:
Date
111 = 50'
3-17 -87
o Iron marker
COFFIN & GRONBERG, I NC .
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Mark S. Gronberg Lie No.
Engineers, Land Surveyors
Planners
Long Lake, Minnesota
12755
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Building L]catian Survey
fo r Janes 8 . Maus
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I hereby certify that this is a true
and correct representation of a survey
of the location of four bujldings in
relation to the South and East l i ne s of
Lot 2, Bl oc k i , BURGER'S BAYSIDE. It
does not purport to show other impro ve-
ments or encroach~ents.
Scale: 1 11 : 50 I
Date 3-17-87
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COFFIN & GRONBERG, INC.
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Lie No. 12755 Mark s. Gronberg
Engineers, Land Surveyors &
Planners
I Long Lake, Minnesota
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To: Jeanne Mabusth, Planning & Zoning Administrator
From: Steve Weckman
Date: April 5, 1991
Subject: Septic System Evaluation for the Proposed Addition at
3700 Bayside Road
SYSTEM SIZE AND CONDITION
The existing septic system was installed in 1970 and a
permit was issued. The tanks and drainfield are believed to be
undersized, but little is known regarding the system
construction. It is expected that the system met the City Code
at the time of installation but does not meet the current
Code. Inspections since 1982 have revealed no evidence that
septic system is not functioning properly.
The proposed addition to the house is not expected to have
an adverse impact on the septic system. The addition will not
encroach on the septic system as the expansion will be to the
north and the system is to the southwest of the house. The
addition consists of a family room and a loft area only. As the
expansion does not indicate the addition of a bedroom, the system
is not expected to encounter any increase in usage. If at some
time in the future the loft area is converted to a legal bedroom,
the septic system would have to be reevaluated at that time.
The septic system should continue to function satisfactorily
based on current usage and system condition, therefore no system
upgrades should be required.
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INSPECTION RECORD
DATE COMPLIANCE
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CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1634, was mailed to the attached list
of property owners •
In Witness Whereof, I have hereunto set my hand and seal
this 28th day of March, 1991.
CITY OF ORONO -NOTICE
The Planning Commission will hold Public Hearings in the Council Chambers
at 1275 .South Brown Road on Monday, April 15, 1991 for the purpose of
reviewing the following land use applications:
1. #1631 Charles and Ann Hommeyer have filed a renewal variance for lot
area for the property located at 475 Linden Avenue for the purpose of
constructing a new residence.
2. #1632 Steve Martin has filed a renewal conditional use permit for
duplex use of the property located at 3890 Shoreline Drive.
3. #1633 Andrew McDermott of 2702 Walters Port Lane seeks approval of
a rear setback variance for construction of a 3-season porch addition to
the rear of the residence structure.
4. #1634 James and Joan Maus of 3700 Bayside Road seek approval of a
side setback variance for a proposed two-story addition to the east side of
the existing residence.
5. #1635 John O'Sullivan and Erwin Smith of 2420 Shadywood Road seek
approval of a side setback variance for a proposed storage/utility addition
to the east side of the existing commercial structure.
6. #1636 Steve Tibbetts, current owner of 1810 Shadywood Road, seeks
approval of after-the-fact hardcover and setback variances for deck
additions and installation of an access drive.
7. #1637 Spring Hill Land Company, owner of the former Spring Hill
Conference Center located at 725 6th Avenue North, seeks approval of a
conditional use permit for a church use of portions of the existing
facility and a variance that would allow the present profit-making
corporation to use the facility for conference use on a temporary basis.
8. #1638 City of Orono seeks approval of setback variances and a
variance to the allowed area for oversized accessory structures for the
property located at 1285 Brown Road South for the purpose of installing
temporary storage/maintenance structure on the residential property.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 p.rn. Written comments are solicited. Plans are available
for review in the City offices, by appointment.
City of Orono
By: Planning Commission
Jean A. Mabusth, Building & Zoning Administrator
To be published the week of April 1, 1991.
CITY OF ORONO -NOTICE
The Planning Comm ission will hold Public
~earings ~_:!_h~~-l!!lCif .~Chambers _ au 275 _ ;2;
3outh Brown Road on Monday, April 15, 1991 _ .... ;.
for the purpose of reviewing the following land
use applications :
L No. 1631 Charles and Ann Hommeyer
have filed a renewal variance for lot area for
the property located at 4 75 Linden Avenue for .
the purpose of constructing a new residence .
2. No. 1632 Steve Martin has filed a renew-
al conditional use permit for duplex use of the
property located at 3890 Shoreline Drive.
3 . No. 1633 Andrew McDermott of. 2702
Walters Port Lane seeks approval of a rear set-__ ,
back variance for construction of a 3-season
porch addition to the rear of' the residence -
structure. ..
. 4. No. 1634 James and Joan Maus of 3700
Bayside Road seek approval of a side setback
variance for a proposed two-story addition to ~
the east side of .the existing ~esidence. "'.' ~ '. _'.
5 . No . 1635 John O 'Sullivan and Erwin Smith · --•
of 2420 Shadywood Road seek approval of a
side setback variance for a proposed
storage/utility addition to the east side of the ... J
existing commerciat structure . ·., --
6. No . 1636 Steve Tibbetts, current owner
of 1810 Shadywood Road , seeks approv,jl'of
after-the-fact hardcover and setback variances
for deck additions and installation of an access
drive . • --·;
7 . No . 1637 ~pring Hjll .land Co~~;.; o~n-· ·:
er of the former Spring Hill Conference Center -s
located at 725 6th Avenue North , seeks ap-
proval of a conditional use permit for a church
use of portions of the existing facility and a var-
iance that would allow .the present profit-• _,
making corporation to use the facility for con-:· ....
ference use on a temporary basis . . . .• • ,
8 . No . 1638 City of Orono seeks approval :
of setback variances and a variance to the al-
lowed area for oversized accessory structures ·_ •
for the property .located at 1285 Brown Road .. . :
South for the purpose of instalflng temporary ··· -,J
storage/maintenance structure on the residen-
tial property. ·· ' ' · · · · • ' ·
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 avail-
able for review in the City offices. by appoint·
ment. ··• .... / . .L.; ·,. ~ -·
City of Orono
By : Planning Com~ission ,0 ·,, •• .;, "· ~.=-,,;:.~, •
Jeanne A. Mabusth, Building & Zoning Adminiii: . ·:.
trator -·•~-· .. · ., _._..,.,
(Published in _ The Laker and Pioneer April 1,
1991) ·
.. ,
i
... • .. , .... , __ ,.,_ ... --·· ., -., ' •• ;" ' ~~ ..... i
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 . Min-
nesota, and has full knowledge of the facts which are
stated below:
A.) The newspaper has complied with all the require-
ments 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 ' J:.i!.41L /I ul J<.Ci:-<'.L -=-_)
,
i/ -:; ./' I 1 fl "-< &'(_,,r 7 r.t:. vL~
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week for successive weeks :
It was first published Monday,
th A-st-d f ; 7 ._u,J~./ 19 9 / e __ ay o fnfe _,
and was thereafter prin ed and published every
Monday, to and including Monday,
the __ day of
MARIETTA A. STRAUS
NOT,>.RY PUBLIC
CARVER COUNTY
MY COMMISS IO N EXP IRE S :.-1-96
19_;
thorized Agent
Subscribed and sworn to me on this
'
of~ 19-2!__. °'--day
By: ~~ 0 ~
Notary Public
Rate Information
( 1) Lowest classified rate paid by commercial users for compara-
ble space : '10.40 per inch .
(2) Maximum rate allowed by law for above matter: $10.40 per inch .
(3) Rate actually charged for above matter: $5.48 per inch .
Each additional successive week: $3.66 per inch
I (we)
have reviewed the plans for the proposed improvement or proposed use of the
property located at 3 ·700 BA y.S,oE Qt;>. 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.
Date
Date
**************************************
have reviewed the plans for the proposed improvement or proposed use of the
property located at ??70 0 '.~6 ~,s i J.,L_ .E<..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.
Pro~rty Owner
Dat~
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.
~ ·• ' '
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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.
~~ou 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 requires Council action
to approve, some information may become public.
5. You have certain rights under M.S. 13.04 to review private
data on yourself.
6.;~· our ull name is required to process this application or
permi. /7 ./7.-/ ~~ (.,? / ,rt--L--------
~st ~le /Jl{<fti»
Zip
Phone
I understand my rights as stated above.
-------------------------
Sl3.0;4 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individuals 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 esked 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 ma lace the notice re uired under this
subdivision in the individual income tax or orooertv tax re und instructions instead o
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
Se informed of the content and meaning of that data.. After an individual has been
shown the private data and inf crmed 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. The ·
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, i! 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 3 0
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 cf disagreement is
included with the disclosed data.
. The determination of the responsible authority may be appealed pursuant to the
provisions ~f the administrative procedure act relating to contested cases. !-;.
F ROM: DANRICH CONSTRUCTION
DAN HOOPS
1275 170 th ST.
SHAKOPEE, MN. 55379
TO:CITY OF ORONO
JEANNE MABUSTH
P.O. EO X 66
CRYSTAL BAY, MN. 55323
DEAR JEANNE,
A.FRI L :-:, 199 1
-----
PER OUR DISCUSSION IN THE CITY OFFICES, 3-26, YOU HAD ASKED
THAT I SEND YOU A LETTER AS A REMINDER YOU OF OUR CON VERSATION.
IN OUR CONVERSATION, I HAD ASKED YOU IF YOU THOUGHT THAT IT
WAS AT ALL POSSIBLY TO, WITH THE SIMPLICITY OF THE MAUS FILE,
THAT WE HAVE PLANNING COMMISSION ON THE 15th AND THEN HAND
CARRY TO THE COUNCIL MEETING OF THE 22nd OF APRIL. YOUR REPLY
WAS THAT THERE WAS SOME POSSIBILITY. PLEASE UNDERSTAND THAT
THIS IS NOT A LETTER OF PERSUASION ONLY TO ASK FOR A REASON
OF SIMPLICITY.
JEANNE ANY ASSISTANCE IN THIS IS APPRECIATED. IF YOU SHOULD HAVE ANY
QUESTIONS PLEASE FEEL FREE TO CONTACT MYSELF, DAN HOOPS
OR THE MAUS' AT THE NUBERS BELOW
MAUS NUMBER IS 476-6153
~u ~
DAN Hoo !
DANRICH CONSTRUCTION
445-3583
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Building Location Sur ve y
for J ames 8. Maus
in Lot 2, Block 1, Burger's Baysi de
Hennepin County, Minnesota
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~~-00--~~C~ouory RoQd No. 81
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I hereby certify that this is a true
and correct repres en tation of a survey
of the location of four bujldings in
relation to the South and East lin es of
Lot 2, Block t, BURGER'S BAYSIDE. It
does not purport to show other i mprove -
men ts or en croachm ents .
Scale: 1 11 : 50 I
Date 3-17-87
o Iron marker
COFFIN & GRONBERG, INC.
,/Ju//~-<;;
Mark S. Gronberg Lie No.
Engineers, Land Surveyors
Planners
Long Lake, Minnesota
12755
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