Loading...
HomeMy WebLinkAboutProject Packet)�-ike 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) --------- -------------------------------------------------- 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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- FURSENT USE OF PROPERTY Present Zoninq Di,trict 0/-, • Press n, C'se of Property Residential other (specify) --------------------------------------------------------------------------- OMMIPTION OF REQUBST Estimated Construction Cost Describe request in detail: ( ! I. •s A k • ,� --- ----------------------------------------------------------------------- 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' --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- 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. --------------------------------------------------------------------------- Certification by Clerical repartment that V-iriance ApF,lication is complete. Initialed by Clerical Staff: — Date --------------------------------------------------------------------------- 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 --------------------------------------------------------------------------- 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. Inv �c • Ns it • II ersTit 2 •. I u 23S. n I .o / I ` r f / "10 S n (zsl • • e 40 ( 2)/" _ I 2 r •, 0 �.' • S 9 •.5�. 9 e IL i• 50 (gel 'f.t�at.l a • •aJ � 1 J s ••�•y. i S)� I I t IrS. rS r 1, s or ? \ P 1z91 a RAll, \ • nr. r r I �zI R ( iol r �' e p ~ 3( 3l ( 9 E9-- � r.l r e. is I s — e.e • �.. I • - \/+r : rs •' T) , I Sr ,' ail •< s r� v S I j MOODS r T, V t, (21) rf'� ' (Jj) e.J• fib; (S)�— i rt,r S ,. •tst 1S" t9 r a •. 1t �1i( (SSI r 5 ► 5• t � � cS ;•'. ,rro„�,so,,,v+•;,�su • .,�:� sub - 1rs t+r >A 51) Ise 461 lit" ss 1371 (al�t�l:rssr(Itl in• (saI' . '� .. Kt dd 9 4.9'• i :L?s L'- I f-- Is 9 I \ 1♦ •\ 13 14 • I r V 11 a J e l'71 � 12�1 (t•i I1619 .1 ,• tD e(15) W? e I—• I to ( 16) �� ( 17) ,t ( 18) 7s 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 r-� 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. Scale$ 1' - 30' iron marker found N!i No. o 1 Iron marker wet tiror► rhs q .c . Rngineers. Land surveyors, Planners eeariogs shown are to Long take, Minnesota an assumed datum. �-e' IIIfAM' 1lAl� FI O y NFs`vCU.I i"�v-1 'LfyCP uo ., .d fK4Kll Lt_ IL b• Ll-�• YKw a.. I 5 r. OtA HVLt i •- — > --- �' a wcGo � �• . . Ivl .�._H•�Y -- -_cam.=- _. __- r N + � • 2 4'rr J u io G+r�oc l 1 Z —•y AVL r-�Ra 1 Ipi I d N �a H IMY�O ftAlLlu(,. All• fit[!_'%7 41•�t-i. �. r' lU 44•!.C'j�r l :4nv 1(UJjj V V �rl� +yN .II LiMw�.6r.;r�yti N`"^r.•Y 4u.11.w� vC�l t .. ..._•.�I cv I fro • C • (l wN LP%C .A • Fk� rJj l NGY HC"J:t.� iII "1 �I ` N I \ NJ�fIN - N IL I: .,r I NGw•4C'q•�a. � . ilea ctnc .Ay L•NJTINEI F1CU:t. aO fir. E I ---------- - -- 4 m IZ (.r- i -I- - �'' ; kiwi eL&VAT1004 tee. �4-- r..0.. DEEM Assuct No sompcoal- m Q DESIGN Ni-��HC. le -IT ►vo_r-IK- as ni wmioe aaol M E vallf No Om M1 - mommow L ow.:R `z' rtoot nOWM �irs� l�at�> M,KMM ��i L HOME DESIG2�SW OFFICE COWPLEYQMR [MtINNNi�A i CDf WRQ pli7s aRH STSF.E3 � rass�eaR�M 55317 leas Alr MIS OR N MMTDG M. t. sOomr 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 --------------------------------------------------------------------------- TO: John 6 Kit Wojcik COPIES TO: 3310 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: Variance ----------------------------------------------------------- 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. lsv rA C I �r r"lp ICI n�� c ornrnIssiIA, .0. 2 , r� 8 -Zco-9v [�7 AUG 2 0 To �'��, �Ic+nn►,� C'c'rnmi �s1c�l -- Til IS i s i n f) cL +o cVD i, cu 4-7 t .;Toh f - i I)o e ► �J— . Vk, CAYe,. f1AE, 11?, G ijov-S. v �Ic - 3 �Ue --hu f Ise.. W� pwpuied.p)e-f4 C u d d r of ,S--h � d_ (C Lne d, 61 IUt nI11 Cc ry n ss rrl. 1 1 06 le- U11)111E'r_ U 19 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 --------------------------------------------------------------------------- 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 ---------------------------------------------------------------- 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. lsv 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)