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CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $175.00
($50.00 per each additional variance) x
Renewal Variance Fee $100.00
(no change from original application) j
After -the -Fact Fees (Double application #ee)
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PROPERTY LOCATION
Site Address --
Property Identification Number (P.I.D.)
ARE v. r;CE
, M
�,� 1f.1
TL
ji i 1
— �:at.t. �.X.� xv1_TOT
Attach leoal 9escrip tion to app lication if not included on
required SLrvey.
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APPLICANT Phone (home) G 1 1- N 1.5 `�` S 1
Namf c 1��� ����1 tl,t �� , Phone (work��'t���(•I<a
Ad<:ress ,-. AL ft City jc
_, ,�;�, .�: i� � t- Zip: � J(r
---------------------- --------------------------
OWNER (if different than applicant) Phone (home)
'dame
Address:
Date Property Acquired
City:
0 ( (
Phone (work)
Zip:_
(month/year)
I (do) (do not) also own the adjacent F,arcels of land.
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FURSENT USE OF PROPERTY
Present Zoninq Di,trict 0/-, •
Press n, C'se of Property
Residential
other (specify)
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OMMIPTION OF REQUBST Estimated Construction Cost
Describe request in detail: ( ! I. •s A k • ,�
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VARIANCES REQUIRED
Lot Area Lot Width
setback Variances ( Front
thrr
Side
Hardcover
Rear)
■ARDSBIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: E t, >.��Gw� < <•t-<n - ..� .- r:-
t.-+ Yc 't 1 " w.
DESCRIPTION OF UNUSUAL PR1PURTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements: J'
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REQUIRED SUBMITTALS
1. Completed �+plication 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. Certificate of survey (signed by a licensed surveyor) to include
hardcover calculations as required.
5. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
6. Sketches or plans of floor and elevation views.
7. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
R. Additional items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORDING COPY (110 X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
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The Applicant and Property Owner must siqn 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 Clerical repartment that V-iriance ApF,lication is complete.
Initialed by Clerical Staff: — Date
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APPLICANT'S SIGNATURE
The applicant herehy agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
time not covered by original fee payment) and/or consultant expenses
incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature'',, Cate
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 request.
Owner's Signature :A0 a__ Date
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ANFIleant must have al l 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 al I 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 Bull -ling ` 7oning
Office of this change prior to the meeting.
I
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. vou may refuse to supply data, but refusal may require
nat the City deny the per -nit or license.
3. -he information may be shared with other local, state
or federal agencies to the extent necessary to process
the permit or license.
4. :f your requested permit or license regires council
action to approve, some information may become public.
5. You have certiin rights under M.S. 15.165 to review
private data on yourself.
6. ':our full name, and date of birth are required to process
this application or permit.
First Mi a Last
Address
Date of birth ( oes not apply to building/general permits)
J
t, , �,,, , . ,1•
Phone _ LJ
I understand my'rights as stated above.
X r
i nature
50.04 RIGHTS OF SUBJECTS OF DATA
i
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.
.t.
Subd. 2. Information required to be given individuaL An individual asked to
supply private or confidential data concerning himself shall be informed of: (a) the
purpose and intended use of the requested data within the collecting state agency,
political subdivision, or statewide system; (b) whether he may refuse or is legally
required to supply the requested data; (c) any known consequence arising from his
supplying or refusing to supply private or confidential data; and (d) the identity of
other persons or entities authorized by state or federal law to receive the data. This
requirement shall not apply when an individual is asked to supply investigative data,
pursuant to section 13.82, supdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice recuired under this
subdiv,.sion in the mcwieuel income tax or property tax refund irstructions insteae of
on tnose forms.
Subd.3. Acres 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 indi-,idual 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 informed of its meaning, the data need not be disclosed to
him for six months the-eafter unless a dispute or action pursuant to this section is
pending or additional data on the individual has been collected or created. The
res?orsible authority shall provide copies of the private or public data upon request by
the individual subject of the data. The responsible authority may require :he
requesting person to pay the actual costs of malting, certifying, and compiling the
coolAs.
The responsible authority shall comply immediately, if possible, with any request
ace pursuant to this subdivision, or wit"an five days of the date of the recUest,
excluding Saturdays, Sundays and legal holiday `f immediate compliance is not
possible. If he cannot comply with the revues: wWin that time, he shall so inform :he
individual, and may have an additional five days within which to comply with the
request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedi.—e when data is not accurate or complete. An individual may
contest the acct:racy or completeness of public or private data concerning himself. To
exercise this rib`::, an individual shall notifv in writing the responsible authority
describing the nature of the disagreement. The responsible authority shall within 30
days either: (a) cower: 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 :'iat he believes the data to be correct.
Data in dispute shall be disclosed only if :he Individual's statement of disagreement is
included with the d:sclosed data.
The determination of the respons:ble a:::hor:ty may be appealed pursuan::o the
provisions of :he administrative procedure act relating to contested cases.
CRRTIFICATR OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN
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 #1576, was mailed to the attached list
of property owners .
In Witness Whereof, I ha•ie hereunto set my hand and seal
this 8th day of August, 1990.
Ja Bosma
tCITY OF oRN O4O NOTICE
The PWtne+9 Co �"pillion " Iwb "I
►tearlrt9t n IM Cowtcli Ch ,"" at 1275
Soulh Mown Road o1 Monday.
nda . IAtfigiuSt MyW100
90 19for the Durpoet
fn9 tend uee SPPkctfforr* 2e8S Casco
1 No 1570 Chick obehey of of 20 OnM use
leodtt Rose hat applied
1 p.rmlt and Wwsws ha►dcOirM and setback
`1 ,f,,nf s file p000eed MaidsNer8lw* wiltkn
the IMeehor4, yard nvorveW tM etetaatlfon of
weekng tears located vnnen the tskeehore pro,
tatted beat
2 No 1572 Guenther 11i Gmittud Noeera Hof
10d0 Tonkawa Road seek approvailo lend al
olmr t ute Permit and a v � area.
wratione witfw+ the Wiaehore a
nvoNin9 the inNNlation, 018 p.rnWt.nt dock
3 No 1574 Jim end Suaan Ronald of 2565
Durwroody Avenue seek approval of 'n even
age lakeshore Setback and hrdOOvW war"
antes for an eddrtforl to the north aids of tM
,,forting residence the current No 1575 Judson W�.
pwryr of 1111 Tamarack o �Kt�d1a
a cotdifional U096 po rgarten N the e►isbng
s prechool and
res,dentiat site •
5 No R o � &Wo "tOf a s deg Setback
sanane Rood
venance !or an addition to the existing res•
dance 8 No 1577 MonYNn TOnfson of 2250 long
view orcle seek swo,,W of a side setback war
once for a proposed tennis court f 1205
7 No 1578 Ai and L,bWe MOpwOOd O
Lakeview Avenue have appi,ed for after the
'act s.oe and '•o^'"ee' setback vanances'a
a deck ,nstatfed to +ne street side o' the a-,s1
,ng residence f 4755 Nome
8 No 1579 Garrrea' SOter ^ of
fact hard
Shore Dave has ebpo
cove' and Side setDaCk variances for a deck
constructed at the lakes'de Or the "Sting
fes.oence
9 No 1 Sao Batty gent Of 2245 Watertown
Road seeks approval of a front street setback
,reliance for an aoditwn to the e■ Sting
tesidence 10 No 1581 plobeovaiie a rf _ 01 537 eat e
ion Averkie DOf seeks a
et
back vN,ance 'Of a deck and gazebo add,t,or•
to the existing
residence
, 1 Nc 1582 Caro Bufjess o' 2BG,
pheasant Road seeks approve' o1 an average
iekesfwre setback and hardcover val,ariLWO'
a deck and screen porch add4,on 10 the ens
,rag residence
All De•sons w,sh,ng +O be he'" will appea,
at this rneeDn9 Wrdlen comments are SO"c
ed plans are ava,taDfe for fevfew ,n the C�tY
Orr,ces or appointment
Gtt O' Orono
BY planning CommISSIOn
Jeanne A WDustt 8uriding a
lc'n,ng Ad'n,n,st'ato•
pubi,:hed ,n The lake' Ind p'On"' On A`ll
6 f OVO,
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:
fie` ) A.) The newspaper has complied with all .he require-
��� ,. •-.- •� merits constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A.02, 331 A.07, and other applicable laws, as
amended.
B.) The printed=l '/?J-I�Lej
1� fC tOre. I
,(
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,
the day of
and was thereafter printed and published every
Monday, to and including Monday,
the day of
19_
� 1 `
/ / 1.�i1f�.
Authorized Agent
b'ARtETTA A STRAUS
r\7 TAA♦ PVGLIC
AFvEF COUNTY
Subscribed and sworn to me on this
r j
/ day of J-
ry
Notary Put lic
Rate Information
f 1 i Lowes! classified rate paid by comrnercra, use, s for compara
Die space 69 80 per inch
121 Mainmum rate allowed by law for above rnatter S9 80 pe• rich
i3l Rate aclualfy charged for above matter S5 20 pier inch
Each additional successive week $3 38 per inch
CITY or ORONO - NOTICE
The Planning Commission will hold Public Hearings in the Council Chambers
at 1275 South Brown Road on Monday, August 20, 1990 for the purpose of
reviewing the following land use applications:
1. 01570 Chuck Downey of 2665 Casco Point Road has applied for a
conditional use permit and lakeshore hardcover and setback variances for
proposed land alterations within the lakeshore yard involving the
installation of retaining walls located within the lakeshore protected
area.
2. #1572 Guenther & Gertrud Noelting of 1060 Tonkawa Road seek approval
of a conditional use permit and a variance for land alterations within the
lakeshore protected area involving the installation of a permanent dock.
3. #1574 Jim and Susan Ronald of 2565 Dunwoody Avenue seek approval of an
average lakeshore setback and hardcover variances for an addition to the
north side of the existing residence.
4. #1575 Judson Dayton, the current owner of 1111 Tamarack Drive, has
applied for a conditional use permit to conduct a Waldorf pre-school and
kindergarten at the existing residential site.
5. #1576 John and Kit Wojcik of 3310 Bayside Road seek approval of a side
setback variance for an addition to the existing residence.
6. #1577 Norman Torrison of 2250 Longview Circle seeks approval of a side
setback variance for a proposed tennis court.
7. #1578 Al and Libbie Hopwood of 1205 Lakeview Avenue have applied for
after -the -fact side and front street setback variances for a deck installed
to the street side of the existing residence.
8. #1579 Garry Everson of 4755 North Shore Drive has applied for after -
the -fact hardcover and side setback variances for a deck constructed at the
lakeside of the existing residence.
9. #1580 Patty Plant of 2245 Watertown Road seeks approval of a front
street setback variance for an addition to the existing residence.
10. 01581 Robert Koehnen of 537 Hanlon Avenue seeks approval of a front
street setback variance for a deck and gazebo addition to the existing
residence.
11. 11582 Carol Burgess of 2800 Pheasant Road seeks approval of an average
lakeshore setback and hardcover variances for a deck and screen porch
addition to the existing residence.
All persons wishing to be heard will appear at this meeting. Written
comments are solicited. Plans are available for review in the City
offices, by appointment.
City of Orono
By: Planning Commission
Jeann . Mabusth, Building i Zoning A s ra
To be published the week of August 6, 1990.
k
To: Planning Commission Chairman Kelley
Orono Planning Commission Members /IJ
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 13, 1990
Subject: 01576 John & Kit Wojcik, 3310 Bayside Road -
Variance - Public Hearing
Zoning District - LR-lA, Single family lakeshore residential, 2 acre,
unsewered
Application - Request for side setback variance to construct
additions to existing residence lot.
List of R:hibits
Exhibit A - Application
Exhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Survey
Exhibit E - Construction Plans
Pertinent Facts -
1. Applicants existing residence is 18.7' from the side lot line
where a 30' setback is normally required. Applicant proposes
additions to the existing residence, which include a proposed covered
porch that will be located 27.7' from the side lot line.
2. The proposed room addition, as well as a proposed porch and deck
addition on the south end of the house, both meet the 30' setback.
Only the entryway covered porch is the sut)ject of this variance
request.
Discussion
The proposed additions will not increase the number of bedrooms
in the house, t,ut wi l l add one t,athroom. The City Counci 1 reviewed
the issue of expansion of this house as an administrative appeal, and
has granted approval for the applicants to proceed with additions
subject to documenting the status of the septic system in the chain of
title of the property.
The house site on the adjacent property to the east will be
approximately 150-200' to the rear, hence the proposed additions will
not intensify the perceived density of the neighborhood. The proposed
additions are no closer to the side lot line than the existing house.
The hardship is the location of the existing house, with the intent to
provide a more functional entryway.
Staff ltecosseendat ion
Staff would recommend approval, based or the findings noted
above.
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RMI DATE 0712i/40
• BATCH 002
38 OS-117-23 14 0005
• PROP ADDR 03260 BAYSIDE RD
OWNER NAME 0 J NYHAMIER A S G OLSEN
TAXPAYER DALE J NYHAMIER/SUSAN OLSEN
NAIL /ADDR 3280 BAYSIDE RD
• LONG LAKE MN SS3S6
• 36 OS-117-23 14 0047
PROP ADOR 03332 BAYSIDE RD
OWNER NAME INFO RESEARCH ASSOC INC
TAXPAYER INFO RESEARCH ASSOC INC
• NAME/ADDR PO 8152
ROSEVILLE MA SS113
• 38 OS-117-23 14 0057
PROP ADM 003SO CRESTVIEM AVE
OWNER MAK ROSE M MADDEN
• TAXPAYER ROSE M MADDEN
NAME/ADOR 3SO CRESTVIEM AVE
LONG LAKE MN 55356
•
36 05-117-23 41 0022
PROP ADD* 00405 OXFORD RD
• ONAER NAME F DENNISON SHAN JR ETAL
TAXPAYER F DENNI;ON JR A JANET SHAN
NAME/AODR 405 OXFORD ROAD
LONG LAKE MI 55356
•
•
•
•
•
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 05-117-23 14 0006
03310 BAYSIDE RD
J M WOJCIK A K L WOJCIK
JOHN M WOJCIK A KIT L WOJCIK
3310 BAYSIDE RD
LAKE LAKE HIM 55356
38 05-117-23 14 0048
C3349 BAYSIDE RD
HARRIET HEHL
HARRIET A HEHL
3348 BAYSIDE RD
ROUTE 1
LONG LAKE MN 55356
38 05-117-23 14 OO58
03300 BAYSIDE RD
THE LANOSCHUTE GROUP INC
THE LAN0 CHUTE GROUP INC
2222 PLATWOOO RD
MINNETONKA MN SS343
TOTAL. BATCH 002 00010
REPORT NO. P1435401
PAGE 3
38 OS-117-23 14 0010
00038 ADDRESS UNASSIGNED
DOUGLAS L NASH ET AL
DOUGLAS A SHIPLEY NASH
270 CRESTVIEM AVE
LONG LAKE MN 55356
38 05-�17-23 14 OO56
00320 CRESTVIEM AYE
J04N s LEPHEYER
JOHN F LEHMEYER
320 CRESTVIEM AVE
LONG LAKE MN 55356
38 OS-117-23 41 0016
00400 OXFORD RD
J C DEMEO A M V DEMEO
JOSEPH C A VICTORIA DEMEO
400 OXFORD RD
LONG LAKE MN SS356
1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECOR05
OF THE HEMIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF/"(J�r'�/_ / /
DATE11.1 , �% I ..BY1 L L
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Certificate of Survey
for John W. Wojcik
of Lot 17, Auditor's Subdivision No. 203
Hennepin County, Minnesota
07f
Cou•vrr 40Av .vo. ®-V
t•,�nl , :t'
Lot , h.,,f N(,. Los,
Hf:nn.•l.in ,'„ in•'i . M�nn••taut,t.
This rshows that lurnttuto of nil rxtst►ny burlalrng
andpropors.rd additions in rol:ation to the south and •east #.L
Iof the ,hove described pro$wrty. It. dons not hurl>ort
i
4,19b,0
to show Any other iml rovemvnts or encroachments.
t hereby certify that this survey vas prel'arod
by me or under my direct. supervision and that I
am a duly r,gistered land surveyor under the
laws of the State of Minnesota.
Dater : 7-27-90
Ct>rrlN i c.pt)Nsf'AG, INC.
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Rngineers. Land surveyors, Planners
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44
ORONO PLANNING COMMISSION MEETING HELD AUGUST 20, 1990
ZONING FILE #1575-DAYTON CONTINUED
students to a maximum of 18 on the premises at any one time.
Johnson seconded. Motion, Ayes-3, Hanson, Rowlette, Nay. Hanson
was receptive to the concerns of the neighbor and the potential
growth of the school. Rowlette objected to the location of the
school. Motion carried.
#1576 JOHN AND KIT WOJCIK
3310 BAYSIDE ROAD
VARIANCE
PUBLIC HEARING 9:40 P.M. TO 9:45 P.M.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Mr. and Mrs. Wojcik were present.
Gaffron summarized the information in his August 13, 1990,
memo pertaining to the Wojcik's application for a side setback
variance. He stated that tor. John Monson, the adjacent property
owner to the right, has no objections. Gaffron also referred to
a letter received from Dale J. Nyhammer and Susan G. Olsen, the
neighbors to the east.
Bellows read the August 20, 1990, letter from Mr. Nyhammer
and Ms. Olsen.
There were no further comments from the public retarding
this matter and the Public Hearing was closed.
It was moved by Hanson, seconded by Moos, to recommend
approval of application #1576, a side setback variance to
constr'!C, additions to an existing residence. The hardship is
the location of the existing house. Bellows asked whether the
septic system issue needed to be addressed. Gaffron stated that
the Council has already reviewed the septic system issue.
Motion, Ayes-5, Nays-0. Motion carried.
#1577 NOR14AN TORRISON
2250 LONGVIEW CIRCLE
VARIANCE
PUBLIC HEARING 9:47 P.M. TO 9:56 P.M.
The Affidavit of Publication and Certificate of flailing were
duly noted.
Mr. Torrison was present.
Gaffron reviewed the major issues involved with Mr.
Torrison's request for a side setback variance to construct a
tennis court (see Michael Gaffron's memo dated August 15, 1990).
Gaffron said, "I did hear from the neighbor to the east. Their
feeliny was that the further the tennis court is located from
their property line, the better. Mr. Torrison had discussed the
- 20 -
ZONING FILE NO. 1576
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/23/90
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TO: John 6 Kit Wojcik COPIES TO:
3310 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
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DATE OF MEETING: 8-23-90 VOTE: 5 For 0 Against
Planning Commission recommends the following:
Approval as submitted
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council Monday, August 27, 1990; meeting starts at 7:00p.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 Planninq Commission.
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
!roes: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 23, 1990
Subject: #1576 John & Kit Wojcik, 3310 Bayside Road -
Variance - Resolution
Zoning District - LR-lA, Single family lakeshore residential, 2 acre,
unsewered
Application - Request for side setback variance to construct
additions to existing residence.
List of Exhibits
Exhibit A - Resolution
Exhibit B - Planning Commission Action Notice 8/23/90
Exhibit C - Memo & Exhibits of 8/13/90
Discussion
Please review the Memo and Exhibits of August 13th. Briefly, the
applicants are proposing the additions which Council previously
reviewed for septic system approval. A survey was submitted, and it
was verified that a small portion of the proposed covered porch
entryway will be 27.7' from the side lot line where a 30' setback is
normally required.
Planning Co=ission Recos ndation
At their August 20th meeting, Planning Commission recommended on
a vote of 5 to 0 to approve the requested variance, finding that the
proposed additions are no closer to the side lot line than the
existing house, which is 18.7' from the side lot line, and proposed
additions will not intensify the perceived density of the
neighborhood.
Staff Recomendation
Staff recommends approval per the Planning Commission
recommendation. A resolution for approval is attached. That
resolution incorporates language regarding notification to future
property owners that septic system has a limited capacity and limited
potential for expansion, noting that should the existing system fail,
a holding tank may be the only feasible option for sanitary disposal
until such time that City sewer is provided to the neighborhood.
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APPLICATION NO. 1576
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 Date of Notice: 8/30/90
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TO: John & Kit Wojcik COPIES:
3310 Bayside Road
Long Lake, MN 55356
TYPE OF APPLICATION: Variance
----------------------------------------------------------------
DATE OF MEETING: August 27, 1990 VOTE: 5 For 0 Against
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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 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
August 27, 1991.
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5'703945
CITY
OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2861
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B),
AND ADVISING FUTURE BUYERS OR ONNERS
OF THE PROPERTY OF THE POTENTIAL NEED
FOR A HOLDING TANK
FILE #1576
WHEREAS, John and Kit Wojcik (hereinafter "the applicants")
are owners of the property located at 3310 Bayside Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 17, Auditor's Subdivision #203, Hennepin County, MN,
(hereinafter "the property")
WHEREAS, the applicants have applied to the City of Orono
for a variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit the construction of additions to the existing residence,
such additions being located 27.7' from the side lot line where a 30'
side setback is normally required.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1576.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
August 20, 1990 and recommended approval of the proposed
variance based upon the following findings:
a. The house site on the adjacent property to the east will
be approximately 150-200' to the rear, hence the proposed
additions will not intensify the perceived density of the
neighborhood.
b. The proposed additions are no closer to the side lot
line than the existing house. The hardship is the location
of the existing house, with the intent to provide a more
functional entryway.
TRANSFER ENTERN
DW OF+rR *ry IAX & PMiCWCOWS
AP RO 10
Page 1 of 4
BY bENUi'Y
City of oRONo
RESOLUTION OF THE CITY COUNCIL
i () F NO. 2861
R
4. On July 23, 1990, the City Council approved by a vote of 4
to 1 to grant the applicant's administrative appeal of the septic
system codes to allow expansion of the existing bedrooms and
addition of a second bathroom to the residence, subject to a
warning to be filed in the Chain of Title that the existing
septic system is substandard in nature, and that due to poor
potential for replacement of the system based on lot size and
site conditions, a holding tank might be necessary in the future
if the system fails.
5. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.23, Subdivision
6 (B) to permit the construction of additions to the existing
residence, such additions being located 27.7' from the side lot line
where a 30' side setback is normally required, subject to the
following conditions:
1. The applicant and all future owners and potential buyers of
the property are advised that should the existing septic system
on the property fail, the size of the property and specific site
conditions may severely limit the ability to replace that system
with a conforming septic system, and that such failure would
likely result in the need to provide a holding tank for sewage
disposal on the property, such holding tank requiring regular
pump -outs.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2861
ORON•
PIP
2. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance will expire on
that date (August 27, 1991).
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 applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 27th day of
August, 1990.
jw:bthy tJallin, City Clerk
V 1` , 1 ,
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
,-� , j
Jam s R. Grabek,
The foregoing instrument was acknowledged before me on this
27th day of August, 1990, by James R. Grabek & 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.
THERE•A L. n
NOTARY PUBLIC - " Mtn Notary Public
HEM'17:114 COJNTY
My 6umnus8,on ox'u.3 9-6.92
,Y�,_ Page 3 of 4
CITY
OF
ORONO
STATE OF MINNESOTA
COUNTY OF HENNEPIN
city of OR ONO
ss.
)
RESOLUTION OF THE CITY COUNCIL
NO. 2861
On this day of
c
before me -a Notary Publig within an
appeared
the person(s) described and w]
instrument, and acknowledged that he
his (their) free act and deed.
THEAEQ �� 'UN
0TA
11fnHEN" •xCw UMNTa
STATE OF MINNESOTA )
JOLvp'm} e )ss.
COUNTY OF )
�. �► kc 199
f r said county, personally
E known to me to be
o executed the foregoing
(they) executed the same as
NOTARY PUBLIC
M_ COMMISSION EXPIRES
On this 5*_- day of Se 00-rT, �3t !, , 1990, before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described In and who executed the foregoinginstrume.nt,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
,NOTARY PUBLI
`Crm '.
/�OtAl, ►�/�l C
R•MSEY COUNTY
il•.30.95
�' My Comm » on �■pn��
....k....« MY COMMISSION EXPIRES
Page 4 of 4
%A
RESOLUTION #2861
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin. Clerk of the City of Orono, He- - pin
County. Minnesota. do •ertify that I have comparua the
foregoing copy of a resolL_ the City Council of the City of Orono
with the original record of _-h resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on August 27 . 19 90 , 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
28th , day of _�f ust . 1990
Do othy Hallin. City Cler
( 9E`7-)
IA
•
5r703945
20SEP9013:35 C5703945 DOC $10-00
,
-r:,r e`t r. LINTY REMMYR
..N. ,►Ji cri M"+NE St)
10 SEP 20 PM 1: 35
�703lt
CO.�
,-Y
Po pry/, H !01, �-
CITY OR ORONO
LAND USE FILING INFORMATION
Prepared By: Carolyn Sommers, Secretary
to Nancy E. Husnik, Legal Assistant
Popham, Haik, Sc:hnobrich & Kaufman, Ltd.jar, 9 199�
October 5, 1990
The following is a recap of the resolutions and easements submitted t_o
this office which have been filed with the Hennepin County Recorder's
Office. All original resolution and easement documents which have been
returned thus far from the Hennepin County Recorder's Office are enclosed
and listed below.
IRESOLUTION
Drainage Ease.
Drain/lltil Eas.
Easement_
2855
2861
35 NEH
APPLICANT'S -- - _
NAME
DATE
DOCUMENT
NUMBER
�__--
Michael Hilbelink
09 )
5704000(A)
Michael Hilbelink
05 )0
5704001(A)
Alex./Diane Jent_ilucci
09-to--90
5703999(A)
Sam McCloud
09-20-+0
5703946(A)
John/Kit Wojcik
09-20-i0
5703945(A)