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CITY OF ORONO - VARIANCE APPLI
Initial Application Fee'.$150.00
($50.00 per each addifiana-1 variance) -
Renewal Variance Fee W .00
(no change from original application)
After -the -Fact Fees (Double application fee)
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PROPERTY LOCATION
Site Address k' ktqzza�b
Property Identification Number (P.I.D. ) CS -/ 1 7 .� La prl 3
Please check one - Property 4 abstract or torrens?
Attach legal description to application if not included on
required survey.
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APPLICANT�� -, Phone (home) 5 y) - 4/ O ,�
Name �� tee Phone (work) _3 S -O(. ( /
-----Address--/ATO -S_ R.,1� V4 ---City---, --- --Zip-�— --
OWNER (if different than applicant) Phone (home)--,L,L
Name �.,.`' + Q Phone (work )
Address: city: 'c.t, �'' _Zip:
(I i1
Date Property Acquired L47 (month/year)
I (do not lso own the adjacent parcels of land.
----- ---------------------------------------------------------
PRESEN OP PROPERTY
Present Zoning District
'
c._ F
Present Use of Property Residential`
Other (specify)
--------------------------------------- ------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $
Describe request. in detail: I,'ot,,rk VAR — e-r..•s' -CT AA'w_t4r.--a_
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VARIANCES RMIQl1IRED
Lot Area
Setback Variances (
Other
Lot Width
Front
Side
Ilardro�•. er
Rear)
HARDSHIP
Describe undue hardship or practical d' f.iculty resulting from strict
eanforcement of zoning regulations: wY t��,,,�1,�, ►ti,,,.,,�
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DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property corAditiops preventing compliance wi Zoning
Code Requirements: uA6.f nb Y ��„��, ()(Z.�e ,114 � eu,tiu�1
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jW;� SUBMITTALS
Completed Application Form
Certified Property )wners List of owners within 1j0' (you must obtain
t t from Hennepin County Department of Finance A-603 Govt Center
3. • amped, legal sized e.ivelopes (A10) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
Certificate of survey including hardcover calculations as required.
Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
Plat Map (obtained with property owners list).
As an addendum to this application, please at--ach a separate list of
140
any k;.her 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.
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Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
AFFLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay all fees and/or
unusual expenses incurred in review of this application, and certifies that
the information supprrect to the best of his/her
knowledge.
� r
Applicant's Signature Date
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 members, and Council members for purposes of investiga-
tion and verification of this r west.
Owner's Signature L Date
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 scheduYed meeting, please make arrangements to have an
authorised agent attend in your place and tc advise the P!,itdinq i Zoninq
Office of this change prior to the meetinq
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.
First Middle Last
1 oil v 5 %�-
A ss
_ yyi —
Date oes not apply to building/general permits)
1")-1gAD
Phone
I and :7-
i�95 ar stated above-.
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RUN DATE 09/01/88
• BATCN 001
38 05-111-23 12 001!;
• PROP ADDR 00038 ADDRESS UNASSIGNED
OWNER NAME STATE Of MINN
TAXPAYER STATE OF MINN
NAME/ADDR
. 38 05-117-23 13 0004
PROP ADDR 00034 ADDRESS UNASSIGNED
OWNER NAME G L SUSTAPSON ETAL
TAXPAYER GERALD L GUSTAFSON
• NAME/ADOR 200 BEDERWOW DR
LONG LAKE MN 55356
• 38 05-117-23 13 0014
PROP ADDR 01470 BAYSIDE RD
OWNER NAME DARYL R CARLSON
TAXPAYER OARY! R CARLSON
NAME!ADDR 3470 BAYSIDE RD
LONG LAKE MN 553%
n
L j
36 OS-117-13 13 0025
PROP ADDR 00038 ADDRESS UNASSIGNED
• 0WNER NAME E 8 TALBERT ETAL
TAXPAYER TAXPAYER TO LET ►ORFEIT
NAME/ADDR
•
m 05-117-23 1` 0026
•
PROP ADDR
OO11" TONKA AVE
OWNER NAME
H A R >ICl UTZ
TAXPAYER
HENRY A ROSIF SCM'1ITZ
KAM 11AM
t9S TONKA AVE
•
LONG LAKE MN S53%
.
30 03-117-23 13 004t
PROP ADM
0 %64 EASTLAKE ST
OWNER NAME
M A N "UNS L E Y
TAXPAYER
MARK A W'MSLI
.
NAME 'AD"
3464 E LAKE S'
L" LAMF MN 5535.6
a
HEN/EPIN COUNTY PROPEPTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 05-117--23 13 0002
00215 TONKA AVE
MICKY OLSGARD
MICKEY OLSGARD
P 0 BOX 1016
MPLS MN 55458
38 0;i-117-23 13 0012
03420 BAYSIDE RD
R A W ANDERSON
ROBERT F A WENDY S ANDERSON
3420 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 13 0023
00225 TONKA AVE
R D LAFAVOR A R A I.AF',VOR
ROBERT D A REBELCA A LAFAVOR
225 TONKA AVE
LONG LAKE MN 5535c.
38 OS 117 'S !*. 9:-,
00245 TJtlKA ALE
ESTEER M AUDIS'JN
ESTEER M A00ISON
3382 BAYSIDE RD
LONG '.AKE MN
36 05-111 �29
00038 ADP 1 'A.AS3I6NfD
ESTEER M AbV
ESTEER M ADDS
3382 BAYSIDE RD
LONG LAKE MH 55356
38 OS-117-25 13 0045
00038 ADDRESS UNASSIGNED
DARYL R CARLSON ET AL
DARYL R CARL"
3470 DAYSIDE ROAD
LONG LAKE MN 553%
REPORT NO. P1435401
PAGE 1
38 05-117-23 13 0003
00038 ADORES.. UNASSIGNED
FLORIAN J STERNER ETAL
FLORIAN J STERNER
5429 ALDRICH AVE SO
MPLS MN 55419
38 OS-1:7-23 13 0013
03440 BAYSIDE RD
DANIEL R VAUGHAN
TODD M A MARIE T ZIESMEP
1265 `HORELI4E OR
WAYZATA MN 55391
38 05-117-13 U0024
NASSIGNED
00038 ADDRESS
SS UNA53I6NED
E B TALBERT ETAL vmq
TAXPAYER TO LET FORFEIT
qq r
36 OS-117-21 13 0027
00145 7ONKA AVE
ESTEER M ADDISON
ES'HER M ADDISON
3382 BAYSICE RD cl)
LONG LAKE MN 55356
38 OS-117-23 13 0030
03400 BAYSIDE RD
D A S ESTERS
DANIEL A SANDRA ESTERS
3400 BAYSIDE RD
LONG LAKE MN 55356
38 05-117-23 13 0046
00036 ADDRESS UNASSIGNED
D A MONDE A M A MONDE
DEAN A A NANCY A M04E
3444 E LAKE ST 3
LONG LAKE MN 553%
•
RLM DATE 09/01/68
• BATCH 001
38 OS-117-23 14 0049
. PROP ADDR 00330 TONCA AVE
OWNER NAME STATE Of MINN
TAXPAYER STATE OF MINK
NAME/ADDR
•
•
•
a
•
•
•
y
•
•
•
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
TOTAL BATCH 001 00019
REPORT NU. PI435401
PAGE 2
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 D'PARTMEMT OF PROPS Y TAXATION. TJ37THE BEST
Of MY KNOWLEDGE AND BELIEF Q
OAT
Ey
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 #1341, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 26th day of September, 1988.
Ja ie Bosma
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers
at 1275 South Brown Road on Monday, October 3, 1988, on the matter of
reviewing the following land use applications:
1. #1335 Wcodhill Country Club, 200 Woodhill Road, seeks approval of a
conditional use permit and accessory structure floor area variance to
construct an 11,000 s.f. maintenance building on the Country Club
property.
2. #1336 Louis B. Oberhauser, 3877 Shoreline Drive, seeks a variance to
allow continuation of a second rental dwelling unit on this property
which is zoned for single family residential use.
3. #1337 Robert Paige, 3493 Crystal Place, seeks variances to front and
side street setbacks to construct a detached garage.
4. #1338 Duane & Connie Schibilla, 3235 Crystal Bay Road, --eek a
hardcover vatiancin it the 75-?50' setback area and an accessory
structure f loo! .,:ea variance for c.onstructior of a detached two car
garage.
5. #1339 David Lc-.-, 2695 Casco r'oint Road, seeks approval of after -the -
fact variancei; and a conditional use permit for construction, of
retiAining wa113 and grading work within the 0-75' lakeshore setback
area.
6. #1340 Washington Scientific Industries, 2605 Wayzata Boulevard, seeks
a commercial/industrial use conditional use cermit for approval of
soil excavation and replacement fill on the property.
7. #1341 Daniel R. Vaughan & Todd ziesmer, 3440 Bayside Road, seA�C a lot
width variance to construct a new residence.
8. 01342 David 6 Valerie Peterson, 1125 North Arm Drive, request a side
setback variance to construct a detached garage.
). #1344 Roger Roder, 1099 Willow Drive South, seeks an accessory
structure floor area variance for construction of a detached garage.
All persons wishing to be heard will appear at this time. The meeting
start: at 7:00 P.M. Written comments are solicited. Plans are available
for review in the City offices, by appointment.
City of Orono
By: Planning Commission
Michael P. Gaffron-,—,Jott Planning & Zoning Administrator
To be published the week of September 18, 1988.
CITY OF ORONO
NOTICE
M PlafrtlrW Commission will hold publk:
rvtga in tM ll Cttrnbsn at 12 15 Saar
nM R0a'."� October t- tae6, o1.
mdter of revw**v thefdlow+r,p :and uee
aM�� woo" Country Cktb. 20D Wood
1 and aooeeeorY road, seem awrovel of a oonclitictnts As Par
rtnrcture twxx vW" v+enc•
corla"W ton 11.000 s 1 rnekN•rw'r" '�
on file Country Club PrOP00Y
2 a1W Laub Oberflauer, 3617 St" e-
» O&A. asts" a variance 10 allow c�ti ua
�)n of a second rental unit
this
,,Wty ~ I* oonW gatnpb t•"ly
,erdertur "aa tr P1.1.
3 a 1337 Robert Pape. 34t13 CrO set oat
eery ea varlanoto rom and sift
at" to construol a datactied 9~ 3236
♦ a 133e Dunn i Corms 8ct+f • In
Sr Road. seek a herftuyw
rw 76.250' a WW* area and or accesoorY
,tnxr, a floor ens "i etee for coratructtor, of
detached two car 0"P
5 a1330 DrM Leo. '906 tYOo Point Road
seeks awmai of die' tits -fact varbr>oaofr„-
a oondlboaM use Danz" for c'r IrUttfon
tas,N w t and grading wok within 1M I"'
takeetwn setwok a es. ealent"1c ;rnWatrla
e a1340 wadtengtorn
2e06 Waym" so d, seeks a o0mner
cbUknduelrW use , Mr use permM to ea
t flit on
Ot aW eaow, d reqWe�n
�ytW R vejg►1ar 4 T odd ZMertw.
;►♦40 fla/sm Road. seek a lot width vrianoe
to oo+atruot a new rssik l`
a a1342 DOW i Valerie Peter"' 1126
HORN Alm Drive, re," s side setback varl-
anoe to f.XW uol a douched grata
g a13♦4 PicW Roder. to" "so* Dr"
Scutt'.
outh "am W woeaeory structure floor area
vrtrnbe tar iwsan,ction of a detscned 9WEP
IJI Demons ~, ng to be herd will OP" at
tfw tune The ,O WV'tons at 100 D m Writ
ran oomnr"a am aoMdted Plane are evrbble
to rwW In the OltY offlcss, by appointment
Cfti of Orono
a,. 1 iennitV Corrniaew"
k%cnaaj P (Wron
♦art
tp ,ppaheo to tt,a Lr.W %no ft~ sevt
',tea)
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 ) Tne newspaper has complied wtth all the rPqufre-
ments constituting quanhcations as a qualified
newspaper, as provided by Minnesota Statute
331 A 02. 331 A 07 and other applicable laws. as
amended
B.) The printed (Cw1'Yk ,
which is attached was cut from thlr Columns of said
newspaper. and was printed and published once each
week for successive weeks
It was first published Monday
the ' day of � 19 • V
and was thereafter printed and published every
Monday to and including Monday
the day of 19
L zl 4
Authorized Agent
i
MARIETTA A. STRAU3
NOT., iY A
Subscribed and sworn to m_e`on this
I! dcav of 47 1 g 0 T (�
By
Notary Putxlc
Rite ln/o►wtlaNOn
LWeeal 1.teeaMtod -ate plod ov re"nwwo Wiry fa 'W"Vera
bW WWV S7 84 i7, •nC
Murmum rare Mowed b. Nw to, abo'r nwtr 64 54:Ap vq h
3 Rate aCfuitr I-WWd tp, Obon,e Matta IN 54 or nt:h
Ea'" kaw"7 V succetisrve *4"0 f] OJ DIV -Kh
0
10
I
$ 10.75
SEC. 10.75. HEIGHT OF STRUCTURES.
Subd. 1. Special Provisions. The height limitations
imposed by other provisions of this Chapter may be increased by
conditional use permit by 50 percent when applied to the following
structures:
A. Antenna or antenna
B. Church spires.
C. Belfries.
D. Cupolas and domes
space.
structures.
which do not contain usable
E. Monuments.
F. Water towers.
G. -ire and hose towers.
H. O►)servation towers.
I. Flag poles.
J. Chimneys.
K. Smokestacks.
L. Parapet walls extending not
Shove h,<ght of the building.
M. Cooling towers.
N. Elevator penthouses.
more than three feet
Subd. 2. Conditional Use Permits. Heights in excess of
those allowed under Subdivision 1. above for the uses enumerated
f therein may be permitted only by conditional use permit granted
pursuant to the procedures as set forth in Section 10.09.
SOur:.e: Ordinance No. 198
Effective Date: 8-22-77
Subd. 3. Additional Heights on Sloping Lots. On any lot
sloping downhill from the street, which has an average ground slope
on that por.io of the lot to be occupied by the main building of
251 or more (measured in the general direction of the side lot
lines) an additional twelve feet of height may be permitted in such
main building and the garage or parking space may be in the
required front yard provided a yard of ten feet or more is
maintained.
Subd. 4. Yards: Additional Provisions. Required yards
in the districts specified shall by subject to the following
additional requirement.3:
A. Through Lots. Through lots in any district
snap have a required front yard on each street.
B. "®" and "I" Districts: Adjacent Lots. In the
"H" and 'I" Districts, where ttie average depth of at least two
existing front yards for buildings within 150 feet of the lot in
questiun are less or orea',er than the minimum front yard depth
ORONO cc 391 (4-1-9.,
$ 10.75
required for the district, required frost yards shall not be Jess
than the average depth of such existing front yardL; however, the
depth of a front yard shall not be less than five feet nor be
required to exceed�fty feet.
�—
C Discricts: Adjacent Lots. In any "R"
District, wh -Tie average depth of at 1e3E two existing front
yards for buildings within 150 feet of the lot in question and
,rithin the same block front is less or greater thar, the minimum
front ;,ard depth required 'or the district, the required front yard
shall not be less than t_e average depth of such existing front
yards; however, the deptn of a front yard shall not be less than
t;en feet not be required to exceer' fifty feet.
Source: Municipal Code
Effective Date: 9-14-67
(Sections 10.76 through 10.98, inclusive, reserved for future
expansion.)
ORONO CC 1 y 2 + 4- 1- 4 4'
D. IIAPDCO%rrR CALCULATION SUMMARY
A.
It.
C.
D.
11.
F.
rxist.ing
Final
Lakeshore
Existinq
Hardcover
Proposed
I'ardco.er
Allowed
Setback
Lot A�c2a
Hardcover
Percentaqe
Ilardco•:e:
f-crcentage
Irardrover
?.one
In :.one
In Zone
( H!A ) x10('
In Zone
( D/A) x 10(�
I ercer.tage
0-75'
',JL I of
of
(r •
i+ �sf
75-250'
'�.) __of
_ V -_—r f
-- --%
-�+ -G f
' e
'S i
250-500,
'.S sf
` -
�_ (I / t
c
_ I C .• sf
SOU-1000'
(. ' s f
, f
_ ,1--�
5 f
_ ---'
--- - -
HARDCOVER LIMITATIONS
E. OTHER LARESAORE PECULATION"
IFARDCOVF:h lNCL::DES:
S•ruct,ures with roofs
Decks, even if r.lattcr
Sidewalks
Driveways (paved or grovel)
~ecorative lanes.=aping areas un.lerl--
Elastic sheeting
Tops of retaini-:q walla, rock walls
Any ot!,cr s,:rfa •e t!,at Ices not allow t:ircct
absorption of rainfall intc the grcund
SEC. 10.2l, REGULATION4 `OR 'LR-IA', •LR--lA--l', •r.R•-ir', 'LP-lC' r.ND 'LR-I('-l' OWn
FAMILY LARBSHORE RESIDENTIAL DISTRICT. Kit! in any "LFr-lA", 'It-1. 1". 'LF- ", '_..I-'_-*, or
'LR-lC-1" One f'ar.ily Lakeshore Pefcident al '.-istrict the followinq regulate,.-:. shall
SUbd. 1. Lakeshore Set Back rcqulations. The set rack from the shoreline for
lakeshore lots shall to at lcast 71- teet and no t;uildinq may to located :loser t" the
shoreline char the average distance fror the ntorellre of ext€tinq rp i'cr
building% cn ad,acer,t and nearl;• lots.
F'atd. 1. Lakeshore Hard Covcr Pequlationr. within 'S fcer -f nhrrelira! there
sha. 1 t.r no excav:�t tnc, f i l l ina, hard rcvrr, temporary or r errraner.t. str ; • :rc9.
Vithin 75 to 21n `eet c•f tre shy: -pI inn t!-err shall he r^ Arcater than 4`s hard rover.
Wit! in 1150 �" V'.,C` feet of the "`'crellne there If -no grtatrr t',ar. • tar ?
r, c•er. witt,in !,,r) t,) 1.001 feet c-f thw gn;oreIinp tlipre rha!I t— ro grrater th,r '261
harp' cover.
Sut.d. 1, '"ree :?OvoVai Rp�ula• 1c: *. Rc r, nlr. 7!, f.et (.•f the R.:• rr: re
with the dtar,,tar of six 'f•) inchvp or more •tt. tar± •itt.our first ottd•-l.*7
a I erfAl t f ror the Cayunrt 1.
ANT
.�
.�
A. WARD��OVEft OIlDI11AMCE - In 1975 * Or ityh. ncil ordinance limiting
the percentage of lot area that can be covered with impervious surfaces ('hardcover')
such as roofs, driveways, sidewalks, etc. on pr,3perties located within 1,000 feet of
a lake. Studies have shown that sediments, oils, and debris carried into the lake
from highly urbanised areas have a detrimental impact on the quality of water in the
lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be
cleansed by filtering through grassed or vegetated yard areas before entering the
lake.
S. MARDAOVE S2TSAC2 SOARS - 1"MCENTAGE ALLOWED
1. 0-750s in the area within 75, of the lakeshore, No Rardcuver is allowed
(0t).
11. 7S-2S0's in the portion of the lot located between 75' and 250' from the
lake, M of that portion of the lot may be hardcovered.
III. 2SO-S00's in the portion of the lot located between 250' and 500' feet
from the lake M of that portion of the lot may be hardcover*d.
IV. S00-1,0008s in the portion of the lot located between 500' and 1,000, feet
from the lake 350 of that portion of the lot may be hardcovered.
ROTWs These regulations apply even if you have a lot that does not ab.•t the lake but is
within a lakeshore zoning district.
C. WM 'I'0 DWTUNIM LOT ARRA WITHIN RACK SETMCK ZONE (To be ua*d as denominator in all
hardcover percentage calculations)
1. 0-75, :one
Area - 75' x /Average width of lot in 0-75' zone,
` measure parallel to shoreline l
75, x ft. - b. �_�� s.f. (1)
(Avg width) Area of 0-75' son*
LI. 75-250, son@
Area - (1751or avg lot depth in son*) x�Avg width of lot in 75-250' zone\
aetssure parallel to shoreline )
175' x I 11. -f ft. - _ s.f. (2)
(Avg width) Area of 75-250' son*
III. O--SOO' gone
Area - (2S0' or avg lot depth in sons) x(Avg width of lot in 250-500' zone)
`` measure parallel to shoreline J
x _I / %, / ft. - 78, t s.f. (3)
(Avg width) Area of 250-500' sone
IV. L00- -1, o2q, son*
Area - 500' o: avq lot dep+h in zone) x Avg width of lot in 500-1000, son*}
-7 C measure parallel to shoreline I
,s
N (Avg width Area of 500--1,000, Bona
HARDCOVER CALCULATION WORKSHEET
Setback $ones (circle one) 0-759 75-250' 250-500' 500-1000,
11121102 MOEMr in $one
a. Rouse _577 X 57_ • /09 ,.f.
length width
_ • s.f.
X x1 • /.f.
1. Gera" a 9. f .
a. Driveway A:144 X
X /.f.
a. sidewalk x - a.f.
x 9.f.
•. Patio/ 45" x _ 1� _Z s.f.
Deck
x - a.f.
f. Landscape_ x . /.f.
areas
underlain x s.f.
by plastic
smatIng X s.f.
x
f. Other
TOTAL EXISTING HARDCOVER IN ZONE. - 7�=
Existing Hardcover 1 - 9ota1 Existing Hardcover x 100
Lot A: t Wi� W a Zone
s'f' x 100 •
s.f. -
Additional Hardcover to be added in zone►
Ites Lenvth x Width • TOTAL s.f.
5 7 x 37 ..2 to ,.r.
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--1-- x
1
r x
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TOTAL S.F. TO BE ADDED (2)
Existing Hardcover to be Removed, if anys
Item _ Len_th x Nidth • TOTAL s.f.
x • s.f.
x s.f. _....._—A
TOTAL S.F. TO BE REMOVED (3)
Final Hardcover Proposals
(Line (1) + Line (2) -Line (3))
( .1 S a.f ffl
Existing To be,Added To be Removed Final
Proposed Hardcover t
Line (I) x 100 • f x 100
Line (1) s.f.
HARDCOVER CALCULATION
WORKSHEET
Setback
Zone: (circle
one) 0-75' 75-250'
250-500' 500-1000'
Existing Hardcover % - Total Existing Hardcover
x 100
Existing
Hardcover in
Zone
Lot Area Within
Zone
a.
House
x -
s.f.
x 100
s.f.
length
width
x
s.f.
Additional Hardcover to be added in zone:
x
s.f.
Item Length x Width -
TOTAL
s.f.
x
s.f.
x
a.f.
x
s.f.
x -
s.f.
b.
Garage
x -
s.f.
— x -
a.f.
c.
Driveway
x -
s.f.
— x -
s.f.
_
TOTAL S.F. TO B. ADDED
(2)
d.
Sidewalk
x -
s.f.
Existing Hardcover to be Removed, if any:
x •
s.f.
Item Length x Width •
TOTAL
s.f.
-
s.f.
-- - x -
s.f.
•.
Patio/
-
s.f.
-- x
_. s.f.
Deck
_
x -
s.f.
— -- x -
a.f.
f.
Landscape
x
s.f.
- x -
s.f.
areas
underlain
x -
s.f.
TOTAL S.F. TO BE REMOVED
(3)
by plastic
shooting
x
a.f.
Final Hardcover Proposal:
x -
s.f.
(Line (1) ♦ Line (2) -Line (3)1 -
f.
Other
x
a.f.
f ♦ -
1 -
e.f.
(4)
_
Existing To be Added To be Removed
Final
x
s.f'
Proposed Hardcover t
x
s.f.
_
TOTAL EXISTING HARDCOt'FR IN ZONE
s, f, (1 )
Line (4) x 100 s.f. x
- ---
100 •
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Tot Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
7WNa Michael P. Gaffron, Asst. Planning & Zoning Administrator
Palms September 28, 1988
SOBJBCTs 41341 Daniel R. Vaughan/Todd Ziesmer, 3440 Bayside Road -
Varianee - Public Hearing
i�ISO WMICT: LR-lA, Single Family Lakeshore Residential, 2 acre,
Unsewered
APPLICATION: Lot width variance to construct new house.
LIST Or XWSITSs
Xxi►ibit A - Application
exhibit e - Plat Map
exhibit C - Property Owners List
exhibit D - Survey
exhibit e - Survey With Site Plan
Exhibit F- Applicant's Hardcover Calculations (See Hardcover
Calculations by Surveyor on exhibit D)
PMTA� PACTS:
1. This property previously contained a single family residence
which the previous owner started to renovate, then demolished. The
location of that structure is shown on the survey. Applicant wishs to
construct a new residence on the property, and since there is currently no
principal structure, the lot technically requires approval of a lot width
variance.
Lot width required - 200'
Existing - 118,
Variance - 82' or - 411
2. The applicant is proposing to construct a residence 57' in width,
located approximately 105' from the front lot line and about 225' from the
lake. This proposed residence will meet the required 30' side setbacks for
the LR-lA zoning district.
3. Note that this is not a lakeshore lot, nor is the property to the
east a lakeshore lot, hence the structure is not subject to the average
lakeshore setback requirement. Except for lot width, the proposed
construction would appear to meet all pertinent requirements. The lot area
is 2.35 acres excluding the County Road. Hardcover proposed in the 75-250'
zone is approximately 6% where 25% is allowed and in the 250-500' zone is
about 22.4• where 304 is allowed, based on the surveyor's calculations.
STA" TXOS
Staff would recommend approval of the requested lot width v-iriance,
finding that there is no additional land available to make this lot wider,
and finding that the proposed residence on the property will meet the
normal required 30' setbacks for the LR-1.A zoning district.
Zoning File 11341
September 28, 1988
Page 2 of 2
Note that this property is within the Stubbs Bay Sewer Study Area, tut
since the City has made no determination as to whether City sewers will be
installed in the area, a fully conforming septic system is proposed for
this new construction. if during construction the City determines that the
property will be served with sewer within a reasonably short time frame,
the City Council would be asked at that time to consider a request for an
interim holding tank system rather than force the property owner to
construct a complete septic system that would have to be immediately
abandoned upon connection to sewer.
Mayor Grabek i Orono Council Members '
City Administrator Bernhardson
!ram Michael P. Gaffron, Asst Planning 6 Zoning Administrator
Dstee October 5, 1988
Subject: #1341 Daniel R. Vaughan/ Todd Ziesmer, 3440 Bayside Road
Variance - Resolution
Application - Lot width variance to construct new house.
Zoning District - LR-lA, Single Family Lakeshore Residential, 2-Acre,
Onsewered
List of lahibits
Exhibit Ih - Planning Commission Action Notice Dated 10/5/88
Exhibit 8 - Memo i Exhibits From 9/28/88
Exhibit C - Proposed Resolution
Discussion -
Please review the memo and exhibits of September 28, 1988. Applicants
ate requesting a lot width variance to construct a new house on this 2.3
acre property. The existing lot width is 118' where 200' is required, for
a variance of 821.
The proposed house location meets the required 30' side setbacks for
the LR-lA district. This house will be located 104' back fro■ the front
lot line, and is not considered a lakeshore lot, hence no average lakeshore
setback requirement is in effect.
The applicants have provided information for construction of a
complete septic system to serve the property, however he notes that if
sewer to this area is intended in the near future, he would prefer not to
construct an entire septic system that would be abandoned after only a
short period of use.
The applicants' neighbor to the east has discussed a relocation of
applicants' proposed house, to move it northward approximately 10-15' in
order that the neighbor's existing views of the lake are preserved. The
Planning Commission dirt not feel compelled to make that house relocation a
condition of their approval, since nothing in the Zoning Code would
disallow the originally proposed location.
Hardcover is well within the prescribed limits.
Staff Recommendation -
Staff recommends approval of the requested lot width variance per the
Planning Commis -ion recommendation. A resolution for approval is attached.
ZONING FILE NO. 1341
CITY of ONONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/5/88
---------------------------------------------------•------------------------
TOs Todd Ziesmer COPIES TOs Daniel R. Vaughan
10990 South Shore Dr 1265 Shoreline Dr
Plymouth, MN 55441 Wayzata, MN 55391
TM 01P APPLICRTICNs Variance
-----------------------------------------------------------
DATs 01P IIQTT10s 10/3/88 VOTE: 6 For 0 Against
Planning Commission recosssimmde the following: Approval as submitted
IKMM AND SPNCIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council Monday October 10, 1988; 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.
Note: Have you applied to Hennepin County Department of
Transportation (935-3381) for a driveway access permit? (Neighbor to the
west notes you will not be using his driveway.)
To: Mayor Grabek & Orono Council Membersl-
Cit,- Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Admin' trat
Date: October 5, 1988 /
Subject: #1341 Daniel R. Vaughan/ Todd Ziesmer, 3440 Baysi e R d -
Variance - Resolution
Application - Lot width variance to construct new house.
Zoning District - LR-lA, Single Family Lakeshore Residential, 2-Acre,
Unsewered
List of Exhibits
Exhibit A - Planning Commission Action Notice DatVd 10/5/88
Exhibit B - Memo & Exhibits From 9/28/
Exhibit C - Proposed Resolution .;L —
Discussion - Ut A V-6,6 �a-,
Please review the memo and exhibits of September 28, 1988. Applicants
are requesting a lot width variance to construct a new house on this 2.3
acre property. The existing lot c;idth is 118' where 200' is required, for
a variance of 82'.
The proposed house location meets the required 30' side setbacks for
the LR-lA district. This house will be located 104' back from the front
lot line, and is not considered a lakeshore lot, hence no average lakeshore
setback requirement is in effect..
The applicants have provided information for construction of a
complete septic system to serve the property, however he notes that if
sewer to this area is intended in the near future, he would prefer not to
construct an entire septic system that would be abandoned after only a
short period of use.
The applicants' neighbor to the east has discussed a relocatio . of
applicants' proposed house, to move it northward approximately 1.0-15' in
order that the neighbor's existing views of the lake are preserved. The
Planning Commission did not feel compelled to make that house relocation a
condition of their approval, since nothing in the Zoning Code would
disallow the originally proposed location.
Hardcover is well within the prescribed limits.
Staff Recommendation -
Staff recommends approval of the requested lot width variance per the
Planning Commission recomm ndation. A resolution for approval is attached.
5483'731
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 2 517
TRANSFER ENTERED
DEPT OF PRO►ERTy TAX d PUSL IC RECORDS
- K4 "' ...
A RESOLUTION GRANTING aE?IK r , �, it1!VAi
A VARIANCR TO R _ DEPUTY
MUNICIPAL ZONING CODE
83CTION 10.23, SUBDIVISION 6 (B)
TILE #1341
NSEREAS, Todd Ziesmer (hereinafter "the applicant") has an
interest in the property located at 3440 Bayside Road within the City of
Orono (hereinafter "City") and legally described as follows:
Exhibit A, attached (hereinafter "the property"); and
MNEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the
construction of a single family residence on a lot of 119' in width where a
200' lot width is normally required for constructiin of a single family
residence.
NON, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1341.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
3, 1988 and recommended approval of the proFnsed variance based upon
the following findings:
A) A residence previously existed on the property and was only
recently removed due to its poor condition.
B) The property is 2.35 acres in area.
C) The proposed residence meets the required 30' side setbacks
and greatly exceeds the required 50' minimum front setback for
construction of a single family residence in the LR-lA zone.
D) Applicant has provided septic testing to verify tnat a
primary and alternate drainfield site can be developed within the
property boundaries.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2517
E) So additional land is available to make this lot conform to
the 200' width standard.
4. The City Council has considered this application including the
findings and recommendations of the Planning Conunission, reports by
City staft, comments by the applicant and the effect of the proposed
variance on the health, safety and welfare of the community.
S. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply 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 ether danger o neighboring property; would not merely serve as a
convenience to ti.e applicant, but is necessary to alleviate a demon-
strable 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.
CO■CIASIONS, OND= AND CONDITIONS
Bases n one or more of the findings noted above, the Orono
City Council h f grants a variance per Municipal Zoning Code Section
10.23, Subdiv, a 6 (H) to permit the construction of a single family
residence on a ..t of 119' in width where 200' width is normally required,
subject to the following conditions:
1. The proposed residence shall meet the required front, rear, and
side setbacks of the LR-lA zoning district.
2. Authorities granted with 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 (October
10, 1989).
3. Violation of or non-compliance with any of the terms and
conditions of this r. olution 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 applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2517
Adopted by the Orono City Council on this loth day of October,
lose. t. a ' L
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2517
STATE OF KINNESOTA )
as.
COUNTY OF RUN PIN )
On this ",4 day of (0, 1983-
before see a Notary Pu c within and for said county, personally
appeared :gad 01, 4- r�'4< T. Zr�S r�.� l known to me to be
the persons) disscribed indescribe and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
AWIFAW5 -Wig
. e# 4.11
q - rK- 9 Q
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)so.
COUNTY OF HENNEPIN )
On this day of (gyp �1e �. , 198, before me
a Notary Publicaw thin and for said County, personally appeared
known to me to be the
persons described in and who- executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
Rob t'r tre r4�Z . � O. �'. Velcr ,:?/14' ,
y m T. NOTARY PUB C
MN►M� APIs — �
1MAi8pN'�N OO�MiAY '"
moss
VA MW 1610"aAt a M
MY ISSION EX E
Page 4 of 4
EXHIBIT A RESOLUTION NO. 2517
That part of Government Lot 3, Section 5, Township 117
North, Range 23 West of the 5th Principal Meridian,
described as follows: Beginning at a point distant
1658.25 feet West of the East line cf the Northeast
quarter of Sertion 5, Township 117, Range 23 and distant
1056.0 feet North of the South line of the N-theast
quarter of said Section 5; thence East and parallel
to the South line of said Northeast quarter a•distance
of 235.73 feet; thence South and pc,,cllel to the East
line of said Northeast quarter a distance of'373.9 feet;
thence West and parallel to the Soutr line of said North-
east quarter a distance of 117.87 feet; thence South
and parallel with the East line of said Northeast quarter
a distance of 259.25 feet to the center line of County ---
Road; thence Westerly along center line of said road
a distance of 117.9 feet to a point distant lo58.25
feet West of the East line of said Northeast quarter;
thence North and parallel to the East line of said North-
east quarter a distance of 627.75 `?e: to the point
of beginning.
EXCcPr that part c' the above descr�b?d tract descr,,h,:
as follows: The 100 feat o' the north 373." 'e?:
of tie East half 1-ot 20, Auditc 's Subdivision Numt,-?r
2C�, Hennepin Coun_v, Minnesota.
STATE OF HINNE30TA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County. Minnesota, do hereby certify that I 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 October 10 , 19 88 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
17th . day of October . 1988
b o othy M. llin, City Clerk
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3J,: ; PIPER JAFFRAY 'CWER
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MINNEAPOLIS. MINNESOTA SS402
WAYNC O.POPNAM
JAMCS A PAYNE
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THOMAS J RA010
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SUSAN M. WCIS
MUGC V.PLUNK[TT. III
AATMLC[N M MARTIN
DENVER. COLORADO 6020Q
6RUC[ H. LII-LE
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SUITC 300 SOUTH
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CLIFPORD M. QRCCNC
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1600 M STREET. N. W.
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OF COUHA[.
FRED L. MORRIS.N
D. WILLIAM KAUFMAN
PAUL J. LINSTROTH
WASHINGTON. D. C. 20036
ORCOOa, O Sao ON[o
MICHAEL O. FRCf MAN
:Coll A SM.TM
T[LCPMONC 202-626-%300
WILLIAM M. OJILE. JR.
MOWAR'}:A., MICos.III
DONALD M L[w1S
T[L[C OPICR f02-6Z6-S116
T[RRAN CE •. :Oi♦r1.LO
LARRY O C: P[L
[.IlAor'H A THOMPSON
JOSEPH O VASS
JANIC: MAYCROM
KUTH, "ALLCLAND
DIRE=T DIAL NUMBER
6PIAN W OHM
•AOMIITEO IM SOW
THOMAS J. 6ARRE-T
MARK 6. PETERSON
ST[VEN A. CHCLESNIA
-A0M1TI90 '160M0I9
(612) 334-2549
December 21, 11998
Ms. Jeanne Mabusth
CITY OF ORONO
P. 0. Box 66
Crystal Bay, M1,1 55323
Dear Jeanne:
Enclosed and listed
below
are resolutions w^ich have
peen
filed in abstract Froperty
with
the County Recorder and returned.
Name
Resol.
No. Doc. No. Date Filed
E s.nger, Howard F.
2526
5483728 December
5, 1988
Plaisted, Richard
2375
5483729 December
5, 1988
Lauer, William J.
2504
5477138 ;November
16, 1988
Ziesmer, Todd
2517
5483731 December
5, 1988
Purdy, John and: Susan
2527
54E3731) December
5, 1988
If yogi have any questions,
please feel free •-) cal
either
me or my secretary, Pau:a
Van De
Laarschot (334-2656,.
very truly yol:rs,
Nancy E. Husnik
Legal Assistant
ZPLV3(2)
Fncs. (5?
NINWM OF T OBONO COUNCIL !OZ'B'1'ING C! OCTOBER 10, 1988
SOMING FILE #1338 SCNIBILLA CON?INUED
require removal of trees. Mr. Bill Wolfe, a neighbor of the
Schibillas' further added that the garage would not be in line
with the neighboring garages. The proposed location for the
garage makes the most sense. Mr. John Nelson, the Schibillas'
contractor stated that the pre-existing garage was closer to the
railroad property than the new structure would be.
Mayor Grabek stated that if a lease could be drafted to
address the potential easement situation, he would be in favor of
the application. Councilmember Callahan concurred.
It was moved by Councilmember Callahan, seconded by Mayor
Grabek, to approve the application 11338, and adopt Resolution
#2517, conditioned upon the drafting of an agreement between the
City of Orono and the Schibillas. The agreement shall provide
that if a public easement is found to exist on the Schibilla
property, and if the City of Orono ever decides to construct a
road on that easement, the Schibillas will raze their garage.
Councilmember Goetten asked how this would be handled. City
Attorney Barrett stated that if a Proceeding Subsequent ensued,
the City would need to go into Court and declare its interest.
Assistant Planning ar.d Zoning Administrator Gaffron reminded the
Council and Mayor Grabek that the application involved a 1-wo-
story accessory structure. Be added that the proposed Resol:staon
placed conditions on approval that prohibited using the - rt,+er
level for a dwelling and that plumbing could not be installed.
The Planning Commission approved the application, citing
topography as the hardship. There will be hardcover at 39.60 in
the 75' to 2501, which is essentially the same as the previous
garage. Gaffron asked whether the language within the Resolution
needed to be changed to state that there will be an agreement
that could take effect as soon as it is drafted and executed.
Mayor Grabek stated that was correct. Councilmember Goetten
stated that she would like to see no additional hardcover in the
future. Mayor Grabek stated that the City should handle the
drafting of the agreement to assure that it contains the
necessary provisions. Mayor Grabek asked from where the funding
would come? City Administrator Bernhardson stated that the
applicant would have to pay for anything over and above the
initial application fee. Motion, Ayes-4, Nayss0, Motion passed.
•1341 OINUM B. VAUGHAN i TODD f IRSMBBZ
3440 RIMMI N BOAD
RtI,NCX
INAOW"ON # 2 518
Todd Ziesmer, one of the applicants, was present for this
matter.
City Administrator Bernhardson explained that the
applicants were seeking a lot width variance to construct a home.
The portion of the lot where the structure is proposed to be
built is shaped like a pan handle. The lot width in that area is
20
u
MINUTES OF THE ORONO COUNCIL MEETING OF OCTOBER 10, 1988
ZONING FILE #1341 VAUGHAN i EIESKER CONTINUED
118' where 20u' would be required. The concerns expressed by the
neighboring property owner did not pertain to the side yard
setbacks, but rather sight lines. Assistant Planning and Zoning
Administrator Gaffron stated that the neighbor to the east had
ar.ked that house be moved northward approximately 10 to 151. He
felt that he could work with the applicant on this issue as
opposed to requiring specific language within the Resolution.
Councilmember Callahan asked Mr. Ziesmer about the concerns
of his neighbor. Mr. Ziesmer stated that he did not .'�,resee any
problems in working with his neighbor to resolve their
differences.
Councilmember Goetten inquired about the septic system.
Gaffron stated that Mr. Ziesmer had the required testing done for
the purpose of placing a septic system on the property. However,
if the City should determine that City sewer would be installed
in that area, he would like to have a holding tank installed as
opposed to paying the cost of a full septic system.
It was moved by Councilmember Goetten, seconded by
Councilmember Nettles, to adopt Resolution i2518. Motion,
Ayes-4, Nays-0, Motion passed.
11342 DAVID i VALZRIE PBTERSON
1125 NORTH ARM DRIVE
VARIANCR
RESOLUTION #2519
Mr. Peterson was present_ for this matter.
City Administrator Bernhardson informed the Council and
Mayor Grabek that this application involved the request for a
side setback variance in order to construct a detached garage.
The original proposal was to build the garage only 1' away from
the neighboring side property line. The Planning Commission had
requested the applicant revise his proposal so that the garage
would be 5' from the neighboring property.
Councilmember Goetten commented that she had visited the
site and in her opinion, the proposed location for the garage was
the only suitable location due to the extreme slopes.
It was moved by Councilmember Callahan, seconded by Mayor
Grabek, to adopt Resolution i2519. Motion, Ayes-4, Nays-0,
Notion passed.
MAYOR'S REPORT
OVX MO114MG LA" DISCUSSIONS*
It wap moved by Councilmember Goetten, seconded by
Councilmember Nettles, that the Council accepts the information
regarding the Orono/Long Lake discussions. Motion, Ayes-4,
21
APPLICATION NO. 1341
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/14/88
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TO: Daniel Vaughan COPIES: Todd Ziesmer
1265 Shoreline Drive 10890 South Shore Drive
Wayzata, MN 55391 Plymouth, MN 55441
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T"R OF APPLICATION: Variance
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DATE OF MEETING: 10/10/88 VOTE: 4 For 0 Against
COUNCIL ACTION - NOTION:
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.
Variance Approval is limited to the e: .ert 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 if no permit is applied for.
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.
Building permit is required - contact Building Inspector - permit may
be issued after resolutions are signed.