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HomeMy WebLinkAboutProject Packet(Public Comment, Continued) MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 28, 2005 7:00 o'clock p.m. suggested Wrobel approach the owners of the complex to see if they can help him or consult with an attorney. ZONING ADMINISTRATOR'S REPORT *4. #05-3142 CHRISTOPHER AND EMILY CHAPMAN, 3775 BAYSIDE ROAD- V ARIAN CE -RESOLUTION NO. 5403 Murphy moved, Sansevere seconded, to adopt RESOLUTIO NO. 5403, a Resolution approving variances for the property located at 3775 Bayside Road. VOTE: Ayes 5, Nays 0. 5. #05-3162 CITY OF ORONO ZONING & SUBDIVISION CODE AMENDMENT: GATE HEIGHTS -ORDINANCE NO. 30, 3RD SERIES Gaffron addressed the City Council concerning the Zoning & Subdivision Code Amendment regarding gate heights. The Planning Commission did review this ordinance amendment at their November meeting and discussed that the gates should be no taller than the entrance monuments, which have a maximum height of eight feet. Gaffron reviewed the revised language of the ordinance amendment, noting that the monuments and gates are restricted to approved driveway accesses and that revision to Item (8)f was in response to the Fire Marshal's concerns. Item (8)g states, "When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16' is required between them. · McMillan inquired what is meant by the language "unless principal structure setbacks are met" contained in Item 2. Gaffron stated the principal structure setback for a lot in a two-acre zone is 50 feet, a one-acre zone is 35 feet, a half-acre zone is 30 feet, and a five-acre zone it is 100 feet. Gaffron stated if the gates meet the principal structure setback, the gates could be higher than what a fence is limited to. Sansevere stated he has a concern that people will have different interpretations for a monument and that some people may call a fence extension a monument. Sansevere noted the City does have height restrictions on fence and that in his opinion this is something that the City will need to deal with in the future if it is not addressed at the present time. Gaffron inquired how the City should handle a situation where a 3.5-foot high fence is proposed to be constructed along with an eight-foot monument and an eight-foot gate. Gaffron questioned whether that type of situation would occur and whether the Council wanted to have a minimum size for a monument. PAGE4 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Christopher & Emily Chapman 3 77 5 Bayside Road Long Lake, MN 55356 ZONING FILE: #05-3142 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 29, 2005 COPIES: TYPE OF APPLICATION: Hardcover, Street/Rear Yard Setback Variances DATE OF MEETING: November 18, 2005 VOTE: 5 FOR O AGAINST Motion: 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 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. A building permit must be obtained no later than November 28, 2006 If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Date Application Received: 7-20-05 Date Application Considered as Complete: 10-11-05 60-Day Review Period Expires: 12-10-05 REQUEST FOR COUNCIL ACTION Date: November 22, 2005 Item No.: Department Approval: Name: Janice Gundlach ~ Title: City Planner Administrator Approval: Agenda Section: Zoning Item Description: #05-3142, Christopher & Emily Chapman, 3775 Bayside Road, Variances -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits A-Resolution LR-IA, One Family Lakeshore Residential District (2 acre minimum) 0.94 acres (41,220 s.f.) Approximately 460'@ shoreline; 420'@ 75' setback B -CC Action Notice dated 11-15-05 Application Summary: Applicant requests the following variances in order to construct a 12' x 12' shed on the property: 1. Hardcover variance to permit hardcover within the 0-250' zone of 30% where 0% hardcover in the 0-75'zone and 25% in the 75' -250' zone are normally required and 30% in the 0-250' zone was approved by variance in June of 2004. 2. Street/rear yard setback variance to permit the proposed shed to be located 21' from the property line where 50' is normally required and the existing home was permitted to be setback 21' from the property line by variance. (Hardcover is measured within 0-250' from the lake as the required street setback and lake setback overlap requiring hardcover to exist within 75' of the lake. This 0-75' hardcover is transferred back to the 75'-250' zone where 25% would be the maximum allowed hardcover on the property.) At the November 14, 2005 meeting, on a vote of 4-1, the Council directed staff to draft a resolution approving the requested variances to permit the applicant to construct a 12' x 12' shed. The attached resolution permits the shed in the location requested by the applicants stipulating the hardcover reductions originally proposed. Staff Recommendation Adopt the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached resolution approving variances for 3775 Bayside Road. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-305 FILE NO. 05-3142 WHEREAS, Christopher W. Chapman and Emily P. Chapman, husband and wife (hereinafter "the applicants") are the owners of the property located at 3775 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288 and 78-305 to allow construction of a 12' x 12' shed where hardcover in the 0-250' zone is proposed at 30% where 0% is normally permitted in the 0-75' zone and 25% is normally permitted in the 75'-250' zone and 30% in the 0-250' zone currently exists and was approved by variance in June of 2004, and a street/rear yard setback variance to permit the shed to be located 21' from the property line where 50' is normally required and the existing home was permitted by variance to be setback 21' from the property line. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3142. 2. The property is located in the LR-lA, One Family Lakeshore Residential Zoning District, which requires a minimum lot area of 2.0 acres and a minimum lot width of 200' at the shoreline and required 7 5' lake setback. 3. The Planning Commission reviewed this application at a public hearing held on October 17, 2005 and recommended denial of the requested variances based on a City policy of not allowing trading of non-structural Page 1 of 6 hardcover for structural hardcover. The City Council review this application at their meeting of November 14, 2005 and recommended approval of the variances based on the following findings: a. The proposed hardcover level in the 0-250' zone will have a net decrease of 3.5 s.f. of hardcover and remain unchanged at 30%. b. No new hardcover is proposed within the 0-75' zone. c. The shed will not be located any closer to the road than the existing home. d. Lot coverage by structures remains conforming at 6.4%. e. The proposed location of the shed is in conformance with all wetland regulations. f. The proposed location of the shed will not impact adjacent residence's views to the lake. g. The shed will be screened by existing coniferous trees located partially within the applicant's property and the right-of-way of Bayside Road. h. No other more conforming location exists on the property. 1. The findings and conditions of variance Resolution #5198, approved in June of 2004, will not be impacted. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to Page 2 of 6 preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above :findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-305 to allow construction of a 12' x 12' shed where hardcover in the 0-250' zone is proposed at 30% where 0% is normally permitted in the 0-75' zone and 25% is normally permitted in the 75' -250' zone and 30% in the 0-250' zone currently exists and was approved by variance in June of 2004, and a street/rear yard setback variance to permit the shed to be located 21' from the property line where 50' is normally required and the existing home was permitted by variance to be setback 21' from the property line, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 3.5%. Hardcover in the 75'-250' zone shall be limited to 11,430 s.f. or 20% and hardcover in the 0-250' zone shall be limited to 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of hardcover shall be completed by the first required building inspection for the proposed shed, unless a removal timeline has been accepted by Zoning staff and/or the Building Official/Inspector. Page 3 of 6 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (November 28, 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 the 28 th day of November, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2005 by Christopher W. Chapman, husband of Emily P. Chapman. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Emily P. Chapman, wife of Christopher W. Chapman. Notary Public Page 6 of 6 EXIDBIT A ·LEGAL DESCRIPTJON OF PREMISES; (A) Lots 5 6, 7, e; 13, 1s·, 15, 19, 20, it; 22, 23_, and 24, Ot"toville Qn Lake Minnetonka, . EXCE-PT that part of sa.!d Lots 15, 16., 19, 20, 21, and 22 lying-Southerly of a lin~ drawn· para! lei .wt th .. a-Fi:d-3.0.,.,f-<,.e,t-t.c; r-t-1>-e·a-ig-e-d-Jl-r·· mea su ~ed .. at . r i•gh-t•-•a ng I es, f rom•-•-il ·•·l-i-na-her.e-1-n a f-t-er. -r-e-f-,....,.r-ecl---to-· .... \is' "LTne ·s 0 ,· said "Line B" bein_g descri·bed as follo.ws: Commehclng at the Nor-thwes_t c_orne,-cif th·e Sout:heast Quarter of the Northwest Qua-r~er of Section 5, To1i-nshlp 1-17· Nor.th, Rang·e 23 West of ·the 5th .. Princ-ipd Meridian; thence So.uth along the. W.est l i-ne of sa·id Southeast Qtiart_er of the Northwest Quart.er-a di stance of 234 feet; thence .d.ef'lecting rlgt1t 48 degrees a di sta·nce ·of · 90 feet to the ·point of beg"inrtlng of ."Line B"; th~nce deflec.ting le-ft' 83 degrees to the Southerly extension. o·f the East lin.e of said L.ot 15, and s·aid ''Une ·B" thg,re ending;· . · (·B)" That part of Lake V+ew Avenue· and -Lake Str-ee.t as dedicated c·n. the pldt of·Ottdvil[·e o.n L·ake Minnetonka, descri~ed as follo~s: Commencinif at the _Northeast. cornet of the Northwest ~uarter of Section_ 5, Township 117 North, R~hge 23 West of_the 5th Principal ~eridian; thence South alaAg the East line of said Northwest quarter a dis-ta-nee of 1400.28 feet; thence. de-fleeting 1e·ft 54· degrees 30 minutes a distance of 143.32 feet to the point of beginni~g of a•lin~ heteinafter · referred to as "Line A"; the:nce def\-ectl"ng right 1B0 degree.s. alo.ng s,ai"d "Llne A" a distance o.f roo feet; thence along a. ta.ngential curve to the left havin-g.-a radius of s·oo "feet and central -angle of 22 degrees· 3o·mtn'utes' a distance of 195.35 feet; therice Wes-tecrly t:ang.ent·to sal·d curve a distance of 802.5 feet; thence along .a tang·entla! c·urve t-o t_he l'eft· having .a radius of 300 feet and_ a ·central a_ngle o_f ~5 degrees a d·lstaoce of 235.62 feet; ~h~nce So-uthweste.rly tangen.t to last said curve to a polnt on the -Wes.t ·1 ine of the Southeas·t Quarter of sal'd No.rthwest Quarter of Section s_; and said "line A" there ending, said end:ln:9 paint be.ing ttie point of _be·ginnirig of t.he property being ·des.cribed; thence North.easterly al-ong said "Line A" ta Its "!nt·e.rsection with. the Northerly extension-of the .Westerl.y l_l:ne of T-he-resa ,Street in s.aid plat o.f Otto-v-1 Ile on ~ake- M.innetonka;· t·hence SoLl:ther·ly along s•a'ld Northerly extension to the ·southerly line of ·.sald: Lake View Aven:ue: thence South1festerl-y alo.ng said Souther'.ly .! fne·of L,,.ke. View Av-en_ue to the ·East line of.said La~e Stree~; thince South along said East line of,Lake St-reet to lis \nteriiction w)th a line drawn parallel with ·and JO feet Narthea-st.erly, measured at. v-l.ght angle:s, from a Line h·er.ei·n- after referred to as "Llne B", said "Line B" bling described as fol.low~: : . · Commencing at the No_r.tliwest ·corner -of said, Southeast Quarte:/n"f -t.he Nort!tweS:t Qu .. ~rter; thence -South along "the '(est l:ine O'f ·sald .Sou_theast Quarter of the Northwe_st Qua-rter a distance· of 234 feet; thence "deflectlng right 48 degrees a. distance of 90 ·feet -to the polnl of beginning o.f said "Line ·8"; thence def lectl·(lg left 83 degr.ees to. -sald East l lne of lake Street, and sild "line B" there ending, · thence N·ort~westerly ·along s-aid para! lel line to lts ·Intersection with sai-d West line o-f the Southeast Q.uarter of the Northwest Quarter; .theryce N.orth along sa_ld We:st 11-n·_~··to the pil·.int of beginning, EXCEPT that part of satd aboie described property lying Northerly of a line ·33 feet So-utherly of, measured.'a-t right ang.te·to an·d parallel with, s-ald "li'ne A".: . (Cl That part of the· Northe.ast: Qua_rter of the Southwest Q-uarter af the Northwest Qua·rte:r .of ·sectlor 5, Township 117 North-, Range 23 -West of the 5th Principal Mer·!dlan, lying Southeasterly of a· I ine. hereinafter referred tci as "Line 8", said "Line A" and "Line B" 'being descrlbed as follows: Commenci·ng at the No·rth_e-ast corn.er c;,-f sai_d Northeast 9uart!:!r of t_he-South·west" Quarter of the Northwest_ Quarter; thence South alon·g the East line of said North·eas.t Quar~er ·of the South- west Quarter of the Northweit Quarter a distance 234 feet to the point of beginning of said "line A"; thence deflectlrig rlght 4B deqrees a· d-ista.nce of 90 feet to a pol-nt, and said "Line A" there ending, said ooint being the point of beginhing· of said "Llhe B"; thence deflecting left 8"3 degrees "to said East ·lln·e, and said "Line B""there endl"ng, ·. EXCEPJ that part.thereof. lying Southwesterly of a line drawn parallel with and 30 feet· Nartheast·erly, me_asured. at right ang·les, from said "Line 8", subject to an existing easement far road purposes: · · f)(~~rr B -'---·---. EXISTING AND PROPOSED ELEVATION_S -/_ R:=c=2-lf1;];, oo'' -- GARAGE FLOOR=942.3 ~ / /f;:27°.;J<r · .,,,.--..---,:•\? TOP oF FOUNDATION =942.5 / /' L_1 a ,,,,,,-(Ii!,' L LOWEST FLOOR=935.0 1 / , -,/-~ NOTE EXISTING FOUNDATION TO REMAIN // 1 / 1 / ,,;.r. 0 ~ ~ / r- VERIFY AND USE EXISTING ELEVATIONS , ' / ~ .. ?1l'lr.. / ~ ?' / (, .'3Jlw / PROPOSED TO FIT EXISTING FOOTPRINf ( , Pt1 ~; o 1/ / "/':?>r t_,_ 1 1/ f..~~~~ 90 "'"' '-.. ··, / J/ 1 / v ./' / / / (~ ~ ~ o ~ BENCHMARK 51>,Vi ·"'-, /, ./1 1 / 1 / / / j:' -{l ::J , · TOP SAN MH O "·-k/ .,/ 1 1 /./ / / /) i..S~~ ELEV = 939.9 \ ./ "M?,v· 1 1 1 ,,,_;:::; '"'•·1'011-1£. , / "'"' / I c'.15 <-? -8 ~ _) /, Y 1 1 y I / / ;;;-.0\±Jn n ./ oi,.\l __:.. --/ G / / 1_., .. 54_,,,..,._ ,;:f I/ ~ / I 0c; ~ fl; 1 /\v -~I"--) /( i,. 11 Y::.~// ~1/1 ~ "'.., I I ~_J22'"' aOr' <,_\)"'" '],.'ob, :k:'''o / y<:S•~G"'f\/ : /lf.:,.(,, .. i,."" A'"(!}'-/ 1..."'/ I ~~CL~ 1" ,. .. sP~ / ,,..~. At:,/,1\J 9' O , 0 / "'r . "1-Qrn y.,9i>0,6 / , 0 ""9 / .::,'I' l , o r ' '"' o m (;J' (. "'"51'~ / ~if:i ~J<, · £1~.,,. ~ ,-,.'l.o"V.P\-L'N , <:, / // , .., 1 / '° w ..,, \ Y.. 9 "u / ~-p, .e--: .. 1(\tJ V \ / /✓ I ,"' J I o() I C / / \f" . ✓ I /, ..,_J... ~ r,.'o 6"~ 01t;-4--, ~Jtl ~ 1.,,. ":.,,. '1,-13~=~1/ I ::/ II 5 II !J ! I CJ (._) 6"s O .,. \ , ~ -/: \'l.-~"\-6~ ~i ~ -~o /,f I ": )I..._ "'C ~ \1,; ,4)11",4)11" ~./:57/ ''f:i"5 \\ ' f I ¼_ I C) Y5' ,\ ~ / / -~ ,/ / , . / I '-"""' .,,::.v/ "''"~ I I ----I\-Ct: ~ C / / V /0, ✓?' I I I --::,,..._ !-)::: .,,..,,. J/ / / / • I ,a'0 . ., . 1.:,----=----:S GJ ~ , / .,,. q~'!J. --{ .. 5??-~ -.,,.,.,.,. --':::-l-.. :?',~'l ~ gw~ !v / / cf-o//,4(,,,.-;:,·/ ,/'f. / <?}'~ v· O /'-/ l-;.;;.B'i-..,--_,,.,, .,,..--r" V) Q C) /'1, I V, -Cl '!:i 'j.9-'·G / 0/? o,3/ ./ I ............ '0 I / _J ..-/ ---'-...) lrj Q::: ,/q/" r,; \::> i-~tft'.~ ,;-'-1J / a,":>~,/ , <v"'---/ 9'2.9,:J././' ..--1-9:p_;:.--,........--~ t::: ;:,..:_ Cl 'ct> ,( C (1 .-'~J04A-S ."' _,j ;f / /,. ·,,/:, 1 )Y--------i,: /< -,.....-DESCRIPTION: (j ~ -:"C j \r}.1 , :v ~----;;0sf.otss7-•P y /_1 / / i> /~/, -:::,-:;;;_:~P'ART OF LOTS 5,6,7,8,13,15,16,19,20,2'1,22,23 ::-J Q:::: Qj :i: -Oi-t&--.,.._r,._ 1, 1 ',,,'l. r,,'.o tf@9:\l',\G t\l 0_ ~ ,/' 5~9 L/ / 2, ~-~ J1,-):P"'B / / / / AND 24, OTTOVILLE ON LAKE MINNETONKA ~ l,.(j lw ~o\''~~ \), c:· C '/.. (i_,1,.156?°-s~ V ' I 9 ">,l<d f' I 3 ·-'°ci"),.,O", ;;•,,,»t,fo) /// / HENNEPIN COUNTY, Ml\!. ca Q ~ (_j -z_ ~-".J,5\s' er --~90 ~ 1 / '_( / , 9;2.5'1-'P _,,..,,.;.o / / LOT _AREA TO OHW'°' 41220 SF/ 0.94 AC ~ t,,4 ,¥'; ~ \.'<~ ':l'\,o D'i.':✓/{,~"/ _,,,/ ·)./ 19""· 4 . :'::>;, -71 ,~P"' /~ / LOT AREA<75 SETBACK = ·11430SF /0.26 AC ~ ~~ Ji> ,,,-7 ,F 1/ 'fONc 1~,.,, ){/oh'/-../ ,//\-" /<y ,, i.'N °'..,o/ / /I X 25% = 2857 SF ALLOWABLE HC · -..:::: -(5\ ...,,..--: l'-.J 1/ t1 ;5.0 ~_.,,.., _..,-".· , / \ 'C" / 7,o r-/✓1 / I ~ ~ / -• <I <-r1~1-/ 1 'i-9 T>'f :J-4.,,.v / 1 .' 1,P..,,. ",;<-· 1 if: ~ _,. 1-, \'l. f-, , .,,. I <\1'~ , , .>:;:"/" w 0 -< \ -: \o 0 ~_'oJ 10,~"\!P" -~1-' _,..-; / , ,/ /re~:;,..... , 1 !~i~ \ . l]'/ \. ✓ cf.,J•?t1i-!L. ,_,,,..-----------•0 ,'fi:..\ \ / /~~ ,-, ; / f5~~ I \ /_~'-.. 0;ii,' _;;,[~?J:_L 'f:,1-· °', / _,.,,..,,.-~---m'°'·-' . .,,..,.,, 7-'o·~··· REQUIREDHARDCOVERREVISIONS g ~ ~~"';~ ' ~ 'tP ,/ ~ -.. --S • J..~ ?)!{t"jf;f3j}j;'p-,,/ 'l"' g "' "-~o.~~,\ 0 \ I ' ~l.. Kci,, 5 ':-' s'-";? ")$" ---·, 1<~-~ · ~ --t\..€ si ~~ "'~ ' \ 1· 1..> \tfi'/\) \ •J'' s'-~t -~, -~~~I"' o/1.:~-· «/7-0/G~ REMOVALS fl ~]~~if~ ,,O \ : -o:i'2. 0 (~:,\A~t,_,.~-C'-" ,cl,'..-· • • • ,Lc!~<:°\\\':j '-I .::--:-:1s i'<,. ... 1 -<2_)14{----~ ,>_,\'\ <c)...vs00?f'--" / . D_nveway (side along garage)= 50 s.f. ~ ~~i~~ 1) .. ~-!_,,~---?-$}¥#--? ---=-: 0 .' NN[TONhA S1dew_:lk(changeto stepping-stones)= 97.5 s.f. ~ ~}~?~\~ ";3'~ LA,l(t Ml · Total-147.5 s.f. 1a !Ji;!; '! r 0 30 60 SCALE i-•·'I.~ IN FEET = EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION _,,,,,... = DIRECTION SURFACE DRAINAGE '<sfJS e~ ADDITIONS Proposed 12' x 12 Shed= 144 s.f. Net Hardcover Reduction= 3.5 s.f. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Christopher & Emily Chapman 3 77 5 Bayside Road Long Lake, MN 55356 ZONING FILE: #05-3142 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 15, 2005 COPIES: TYPE OF APPLICATION: Hardcover, Street/Rear Yard Setback Variances DATE OF MEETING: November 14, 2005 VOTE: 4 FOR 1 AGAINST Motion: To approve the request of a 12' x 12 shed as originally submitted stipulating the hardcover removals originally proposed. Applicant's next scheduled meeting is confirmed as: City Council -Monday, November 28, 2005 for adoption of an approval resolution; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ,. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. (#05-3152 Bohland Development, Continued) Gaffron recommended the Planning Commission make a motion requesting that the Council review this applicat ion conceptually for PRD and clustering concept. Rahn moved, Kempf seconded, to table Application #0 5-3152, Bohland Development on behalf of James D. Mackinnon, et al, "3500" Watertown Road, to allow for council review of the plan to determine if it meets the standards of the Rural Oasis Plan. VOTE: Ayes 5, Nays 0. NEW BUSINESS 4 . #05-3142 CHRISTOPHER AND EMILY CHAPMAN, 3775 BAYSIDE ROAD, VARIANCE, 7:18 P.M. -7:39 P.M. Emily Chapman, Applicant, was present. Gundlach stated the applicant is requesting two variances in order to construct a 12' by 12' shed on the property east of the existing garage. A hardcover variance is being requested to permit hardcover within the 0-250' zone of30 percent where 0 percent hardcover in the 0-75' zone and 25 percent in the 75'-250' zone are normally required and 30 percent in the 0-250' zone was approved by variance in June of 2004. In addition, the applicant is also requesting a street/rear yard setback variance to permit the proposed shed to be located 21 feet from the property line where 50 feet is normally required and the existing home was permitted to be set back 21 feet from the property line by variance. Gundlach noted the property had received variances for the required street (rear) yard setback, lake setback, and hardcover in June of 2004. The property is unique in that its area is quite large due to the length of shoreline; however, is very shallow where the required street or rear yard setback overlaps with the required 75-foot lake setback. At the time the 2004 variances were approved, the applicant, who was the builder and not the current ovmer, requested to rebuild on the existing foot'_print , \Vhich \Vas approved as no compliant buildable area existed on the property. The applicant had indicated that they would like to remove non-structural hardcover, like the sidewalk and driveway, in an eff01i to obtain approval of the construction of a shed to store lawn equipment and other items. While no elevation v iews of the proposed shed have been submitted, the applicants have indicated the shed will be constructed of m aterials consistent with the architectural style of the hom e. The applicants have proposed to remove 147 .5 square feet of non-structural hardcover in order to be permitted a shed . This would result in a net decrease in the hardcover of approximately 3.5 square feet. Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions . Those hardships are documented in Resolution 5198 approved in 2004. The proposal meets the intent of the code , being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side PAGlEH MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. (#05-3142 Christopher and Emily Chapman, Continued) yard setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and provisions of Resolution No. 4006 and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be pem1itted for construction of the proposed shed. Staff recommends that the Planning Commission discuss the policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council. Chapman had nothing to add to Staffs report. There were no public conunents regarding this application. Fritzler indicated he is opposed to trading non-structural hardcover for structural hardcover since non-structural hardcover has a tendency to reappear after a period of time. Rahn concun-ed that the Planning Commission typically does not trade non-structural hardcover for hardcover. Rahn inquired whether accessory structures have been allowed to be located in front of principal structures in the past. Rahn expressed a concern that the structure would be rather visible in the proposed location. Chapman stated the structure would be located behind a row of tall fir trees. Chapman stated they did consider an alternate position, which was in the view of a neighbor, so they elected to position it behind the fir trees. Chapman stated a person would be able to see the shed at an angle from the street. Chapman indicated the property also slopes quite a bit, which makes this spot more conducive. Rahn inquired whether the applicant currently has a two-car garage. Chapman stated they do have a two-car garage. Kempf stated in his view the proposed location is not an intrusion to the neighbors, but that he does have a proble111 w·ith trading the non-structural hardcover for structtiral hardcover. Kempf stated there is a piece of asphalt around the garage that should be removed, but that he has a concern regarding the removal of the concrete sidewalk that goes from the driveway to the front door and replacing it with mulch and some stepping-stones. Kempf stated the applicant is probably doing that in good faith but that in all likelihood a future owner will replace those stepping-stones with a concrete sidewalk. Kempf stated whenever something that enhances the usability of the house is removed, it tends to reappear in the future. Leslie stated he is in agreement with the comments already expressed. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. (#05-3142 Christopher and Emily Chapman, Continued) Bremer stated to her recollection the Planning Commission was happy at the time the builder was originally before the Commission that the hardcover on this lot was being reduced. Bremer stated the fact that there is a two-car garage on this lot would help persuade her to allow a smaller shed, like a 10' by 10' shed, with all the other reductions proposed by the applicant. Bremer stated the Planning Commission has approved houses in the past without a front sidewalk and without concrete landings, which is the right of the property owner, and that the Planning Commission should assume that this property owner will remove the sidewalk and comply with what she is proposing. Bremer inquired whether Staff is opposed to swapping non-structural hardcover with structural coverage. Gaffron stated the City has adopted two resolutions in the past few years, with the Council finding it beneficial to make a distinction between the removal of plastic and landscape fabric as opposed to other hardcover. The Council found that plastic and landscape fabric was not to be used as a trade-off for a hardcover reduction. Gaffron stated sidewalks and concrete pads typically do not require a pennit and that perhaps those items should have been included in the resolution. Bremer inquired whether there is anything that prevents a property owner from not having a concrete walkway leading to their front door. Chapman stated they cmTently have a relatively wide concrete walkway and that they would prefer a more natural looking walkway. Chapman stated there also is a concrete landing by the front door. Chapman indicated it was their intent from the time they purchased this lot to replace the concrete walkway with something more natural. Bremer noted the concrete landing would be required. Leslie inquired whether the hardcover excluded the steppingstones. Gundlach indicated the applicant has accounted for the stepping-stones in her hardcover numbers. Rahn stated a property owner is not specifically required to have a sidewalk, but that it is likely that a concrete front sidewalk would likely reappear at some point in the future. Rahn noted on some applications in the past the Planning Commission has included a front sidewalk in hardcover calculations even when it was not originally designed that way. Chapman stated the entrance they use to the house is typically not the front door. Rahn inquired whether there are any other areas \Vhere hardcover could be removed. Rahn noted the previous resolution required the removal of 80 square feet of patio. Rahn stated he would prefer a third stall on the garage rather than a shed. PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. (#05-3142 Christopher and Emily Chapman, Continued) Chapman inquired why a third stall would be preferred rather than a shed. Rahn noted there are no height restrictions on sheds and that the Planning Commission currently does not have a plan showing the design of the shed. Chapman indicated they would like to make the shed similar to the house and that they would like the shed to store various items. Chapman indicated she would be willing to submit plans of the shed. Kempf stated the applicant's husband also explained that the shed would be similar in appearance to the house. Chapman stated they would be agreeable to consider a third stall on the garage but that they had the understanding it would require a significant variance. Rahn stated he would not be in favor of trading the front sidewalk for a shed. Rahn stated he understands the need for storage, but that the Planning Commission typically does not trade non-structural hardcover for structural hardcover. Chapman indicated the steppingstones ,vere p!arn1ed regardless of whether they build the shed or not. Rahn inquired what the size of the current garage is. Gundlach stated the garage is approximately 25' by 28'. Bremer stated given the length of the lot and the location of the shed behind the trees, she would be in favor of a 10' by 1 O' shed subject to plans being submitted. Fritzler stated the fact that there are trees there now does not guarantee that there will be trees there in the future. Leslie moved, Fritzler seconded, to recommend denial of application #05-3142, Christopher and Emily Chapman, 3775 Bayside Road. VOTE: Ayes 4, Nays 1, Bremer Opposed. 5. #05-3146 MARK AND PAMELA PALM, 1447 PARlKDRIVE, VARIANCES, 7:40 P.M. - 8:07P.M. Mark Palm, Applicant, and Tom Brennan, Friend, were present. Gundlach stated the applicant is requesting the following variances in order to replace an existing detached garage: PAGE 14 r.,_____,.,,,. MINUTES OF THE ORONO CITY COUNCIL MEETING M onday, November 14, 2005 7:00 o'clock p.m. (Public Comments, Continued) located through the adjoining property which would use the driveway of the apartment complex as part of the public road. Callahan stated he and other tenants of the aparhnent complex still have concerns with the road being opened up for other public use other than by the tenants. Callahan stated there is a fair amount of pedestrian traffic in this area and that in his view it is inappropriate to allow construction traffic on that road. Callahan requested that the Council give serious consideration to limiting construction traffic on that road. Murphy stated he has spoken with Mr. Callahan and the City Administrator regarding this situation and · that it is their belief that constmction traffic will be limited on that road. Murphy commented in hindsight the layout of the roadway and parking in that area is not the best design but that it might be too late to change it at this time. ZONING ADMINISTRATOR'S REPORT #3. #05-3142 CIDUSTOPHER AND EMILY CHAPMAN, 3775 BAYSIDE ROAD- VARIANCE Christopher Chapman, Applicant, was present. Chapman stated at the Planning Commission meeting there was a discussion regarding the trading of nonstructural hardcover for structural hardcover . Chapman pointed out this lot"is oddly shaped and has approximately 480 feet of lakeshore. Chapman stated in his opinion the Planning Commission at some point should consider blight on landscape or blight on neighbors when dealing with zoning. Chapman pointed out that 40 sheds could be constructed across his property and that he would like to only construct one shed. Chapman indicated the location being proposed for the shed does not impede the vision of the neighbors . Chapman stated they would like to construct a one-story cape style shed , which would resemble the house, and that in his view his request is n·ot unreasonable. Chapman indicated the shed would be used for storage. Gundlach stated the applicant is here tonight proposing construction of a 12' by 12' shed, which requires a hardcover variance to pem1it excess hardcover w ithin the 0-250' zone . The applicant is proposing hardco ver removals so as to not increase the amount of hardcover on the property, nor will any additional hardcover be located within 75 feet of the lake. In addition, a second variance is required to pennit a shed to be located 21 feet from th e front property line whe re 50 feet is normally required. Gundlach indicated the 21-foot setback is proposed so that the shed is not located closer to the street orthe front lot line than the principal residence. Page 5 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2005 7:00 o'clock p.m. (#05-3142 Chapman, Continued) Gundlach stated the application does meet the intent of the code and does not propose any new hardcover, with all setbacks being met except for the setback from the front property line. Gundlach stated this application was submitted prior to the City's new wetland ordinance taking effect, but noted that the applicant is in compliance with the new rules. The Planning Commission, on a motion to deny, voted 4-1, with the dissenting commissioner stating support for a 10' by 10' shed pending removal of equal amounts of hardcover. The main issue discussed during the public hearing was the trading of nonstructural hardcover for structural hardcover and the issue of the applicant wanting to install steppingstones rather than a full paved sidewalk. Gundlach stated the minimum standard for a sidewalk width is two feet. The applicants would like to install steppingstones, which total 22.5 square feet and account for a reduction of 97 .5 square feet of existing sidewalk hardcover. Based on the length of sidewalk, if constrncted to the minimum width of two feet, the sidewalk hardcover would equal 51.5 square feet or account for a reduction of 68.5 feet of existing sidewalk hardcover. Chapman stated the two-foot sidewalk would allow a shed consisting of 118.5 square feet in area or approximately 10 by 12'. Staff recommends that the Council discuss the policies of n·ading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request. Sansevere inquired whether the applicant has seen Staffs recommendation. Chapman stated he has reviewed Staffs report. Sansevere inquired whether the applicant is okay with the second reconunendation. Chapman stated he is okay with the recommendation. Chapman indicated he has recently found out that the front of his yard is really defined as the front lot line and that the City owns the snip of property going to the lake. Sansevere stated he would be willing to go·along with reconunendation two. White indicated he also concurs with recommendation two. Chapman stated he is tlu·illed to live in this area and has paid a substantial amount of money for the property and that he would like to place one 12' by 12' shed on the lot, which in his opinion is reasonable. Murphy inquired why the applicant did not consider adding onto the residence. Chapman stated they did consider that but that the shed would acconm1odate their needs and take up less space than a third stall on the garage. JPage 6 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 14, 2005 7:00 o'clock p.m. (#05-3142 Chapman, Continued) Murphy stated his main concern dealt with the sight lines across the street. Chapman stated he has spoken with that neighbor and that the neighbor is fine with the proposal. Murphy commented the lot is unique and that he is not opposed to the second recommendation of Staff of a 10' by l0'shed if the shed resembles the house. Murphy noted the lot to the west has a dock on it with a jet boat parked next to it. Chapman stated there is a 30-foot driveway going down to the lake and there is an easement down to the water. Chapman indicated he did offer to buy the City's land in order to increase his acreage but was told that the City would not be interested in selling the corridor. Gaffron confinned that the City is not interested in selling the 30-foot co1Tidor and that an outlot was created to the west as paii of a subdivision a number of years ago. Sansevere moved to direct Staff to draft a resolution approving the construction of a 10' by 12' foot shed, subject to the removal of the sidewalk and the placement of steppingstones, consistent with recommendation number two outlined in Staff's report. Chapman inquired if steppingstones are used, would he then be pennitted a 12' by 12' shed. Gundlach stated if steppingstones are used in place of the concrete sidewalk, there would be a net decrease in hardcover of 3.5 square feet if a 12' by 12' shed is constructed. Sansevere amended his motion to direct staff to draft a :resolution approving the construction of a 12' by 12' shed, subject to the removal of the sidewalk and the placement of steppingstones, consistent with recommendation number two outlined in Staff's report. Gundlach indicated the majority of the Planning Commission did not vote in favor of the shed but that the dissenting com1nissioner had suggested a 10' by 10' shed with the removal of the sidewalk and placement of steppingstones. VOTE: Ayes 4, Nays 1, Peterson Opposed!. Peterson stated she has a problem with trading nonstructural coverage for structural hardcover. Page 7 Date Application Received: 7-20-05 Date Application Considered as Complete: 10-11-05 60-Day Review Period Expires: 12-10-05 Department Approval: Name: Janice Gundlach~ Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: November 7, 2005 Item No.: Agenda Section: Zoning Item Description: #05-3142, Christopher & Emily Chapman, 3775 Bayside Road-Variances Zoning District: Lot Area: Lot Width: List of Exhibits LR-lA, One Family Lakeshore Residential District (2 acre minimum) 0.94 acres (41,220 s.f.) Approximately 460'@ shoreline; 420' @ 75' setback A -PC Minutes of 10-17-05 B -PC Action Notice dated 10-19-05 C -PC Memo and Exhibits of 10-13-05 Application Summary: Applicant requests the following variances in order to construct a 12' x 12' shed on the property: 1. Hardcover variance to permit hardcover within the 0-250' zone of 30% where 0% hardcover in the 0-75'zone and 25% in the 75' -250' zone are normally required and 30% in the 0-250' zone was approved by variance in June of 2004. 2. Street/rear yard setback variance to permit the proposed shed to be located 21' from the property line where 50' is normally required and the existing home was permitted to be setback 21' from the property line by variance. (Hardcover is measured within 0-250' from the lake as the required street setback and lake setback overlap requiring hardcover to exist within 7 5' of the lake. This 0-75' hardcover is transferred back to the 75'-250' zone where 25% would be the maximum allowed hardcover on the property.) Planning Commission Recommendation The Planning Commission, on a motion to deny, voted 4-1 with the dissenting commissioner stating support for a 10' x 10' shed pending removal of like amounts of hardcover. The main issue discussed during the public hearing was whether stepping stones should be permitted to replace a full sidewalk in an attempt to remove like amounts of hardcover. Staff Recommendation Staff recommends that the Council discuss the policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request. In response to the Planning Commission's concern regarding the amount of sidewalk hardcover staff would like to offer the following: • The minimum standard for sidewalk width is 2'. The applicants would like to install stepping stones, which total 22.5 s.f. and account for a reduction of 97 .5 s.f. of total hardcover. Based on the length of sidewalk, if constructed to the minimum width of 2', sidewalk hardcover would equal 51.5 s.f. or account for a reduction of 68.5 s.f. • If the Council finds that a shed is reasonable, based on the constraints of this property, and would like to support construction of the shed, the applicant could be asked to reduce the proposed shed by an additional 29 s.f. to make up for the sidewalk hardcover discrepancy noted above (whether the sidewalk is constructed to the minimum width or 2' or whether the stepping stones installed). This would allow for a shed 118.5 s.f. in area (possibly 10' x 10' or 10' x 12') and constitute removal oflike amounts of hardcover. COUNCIL ACTION REQUESTED Direct staff to draft a resolution incorporating your decision for adoption at the next regularly scheduled meeting. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. mpf stated the clustering idea is a rather gray area, but when you weigh the view ver developer should avoid the feeling of the houses being crowded. d that the setback should be kept at 30 feet. operty owners would not need to build up to their s personally likes the id remam. Leslie inquired whether the cul- whether that would help push the lots type of clustering concept. Leslie stated he would like to see oasis feel and still provide s e would like to see the trees on Lot 3 re at the intersection of Lots 1 and 2 and lication since it helps to preserve the rural Gronberg stated in his v: w the development will not be very visible Gaffron recommen d the Planning Commission make a motion requestin at the Council review this application co eptually for PRD and clustering concept. Rahn mo d, Kempf seconded, to table Application #05-3152, Bohland Develop . Mackinnon, et al, "3500" Watertown Road, to allow for council review oft d ermine if it meets the standards of the Rural Oasis Plan. VOTE: Ayes 5, Nays 0. NEW BUSINESS 4. #05-3142 CHRISTOPHER AND EMILY CHAPMAN, 3775 BAYSIDE ROAD, VARIAN CE, 7:18 P.M. -7:39 P.M. Emily Chapman, Applicant, was present. PAGE 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. Gundlach stated the applicant is requesting two variances in order to construct a 12' by 12' shed on the property east of the existing garage. A hardcover variance is being requested to permit hardcover within the 0-250' zone of30 percent where O percent hardcover in the 0-75' zone and 25 percent in the 75'-250' zone are normally required and 30 percent in the 0-250' zone was approved by variance in June of 2004. In addition, the applicant is also requesting a street/rear yard setback variance to permit the proposed shed to be located 21 feet from the property line where 50 feet is normally required and the existing home was permitted to be set back 21 feet from the property line by variance. Gundlach noted the property had received variances for the required street (rear) yard setback, lake setback, and hardcover in June of 2004. The property is unique in that its area is quite large due to the length of shoreline; however, is very shallow where the required street or rear yard setback overlaps with the required 75-foot lake setback. At the time the 2004 variances were approved, the applicant, who was the builder and not the current owner, requested to rebuild on the existing footprint, which was approved as no compliant buildable area existed on the property. The applicant had indicated that they would like to remove non-structural hardcover, like the sidewalk and driveway, in an effort to obtain approval of the construction of a shed to store lawn equipment and other items. While no elevation views of the proposed shed have been submitted, the applicants have indicated the shed will be constructed of materials consistent with the architectural style of the home. The applicants have proposed to remove 14 7 .5 square feet of non-structural hardcover in order to be permitted a shed. This would result in a net decrease in the hardcover of approximately 3 .5 square feet. Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions. Those hardships are documented in Resolution 5198 approved in 2004. The proposal meets the intent of the code, being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side yard setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and PAGE 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. provisions of Resolution No. 4006 and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be permitted for construction of the proposed shed. Staff recommends that the Planning Commission discuss the policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council. Chapman had nothing to add to Staffs report. There were no public comments regarding this application. Fritzler indicated he is opposed to trading non-structural hardcover for structural hardcover since non-structural hardcover has a tendency to reappear after a period of time. Rahn concurred that the Planning Commission typically does not trade non-structural hardcover for hardcover. Rahn inquired whether accessory structures have been allowed to be located in front of principal structures in the past. Rahn expressed a concern that the structure would be rather visible in the proposed location. Chapman stated the structure would be located behind a row of tall fir trees. Chapman stated they did consider an alternate position, which was in the view of a neighbor, so they elected to position it behind the fir trees. Chapman stated a person would be able to see the shed at an angle from the street. Chapman indicated the property also slopes quite a bit, which makes this spot more conducive. Rahn inquired whether the applicant currently has a two-car garage. Chapman stated they do have a two-car garage. Kempf stated in his view the proposed location is not an intrusion to the neighbors, but that he does have a problem with trading the non-structural hardcover for structural hardcover. Kempf stated there is a piece of asphalt around the garage that should be removed, but that he has a concern regarding the removal of the concrete sidewalk that goes from the driveway to the front door and replacing it with PAGE 14 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. mulch and some stepping-stones. Kempf stated the applicant is probably doing that in good faith but that in all likelihood a future owner will replace those stepping-stones with a concrete sidewalk. Kempf stated whenever something that enhances the usability of the house is removed, it tends to reappear in the future. Leslie stated he is in agreement with the comments already expressed. Bremer stated to her recollection the Planning Commission was happy at the time the builder was originally before the Commission that the hardcover on this lot was being reduced. Bremer stated the fact that there is a two-car garage on this lot would help persuade her to allow a smaller shed, like a 10' by 10' shed, with all the other reductions proposed by the applicant. Bremer stated the Planning Commission has approved houses in the past without a front sidewalk and without concrete landings, which is the right of the property owner, and that the Planning Commission should assume that this property owner will remove the sidewalk and comply with what she is proposing. Bremer inquired whether Staff is opposed to swapping non-structural hardcover with structural coverage. Gaffron stated the City has adopted two resolutions in the past few years, with the Council finding it beneficial to make a distinction between the removal of plastic and landscape fabric as opposed to other hardcover. The Council found that plastic and landscape fabric was not to be used as a trade-off for a hardcover reduction. Gaffron stated sidewalks and concrete pads typically do not require a permit and that perhaps those items should have been included in the resolution. Bremer inquired whether there is anything that prevents a property owner from not having a concrete walkway leading to their front door. Chapman stated they currently have a relatively wide concrete walkway and that they would prefer a more natural looking walkway. Chapman stated there also is a concrete landing by the front door. Chapman indicated it was their intent from the time they purchased this lot to replace the concrete walkway with something more natural. Bremer noted the concrete landing would be required. PAGE 15 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. Leslie inquired whether the hardcover excluded the steppingstones. Gundlach indicated the applicant has accounted for the stepping-stones in her hardcover numbers. Rahn stated a property owner is not specifically required to have a sidewalk, but that it is likely that a concrete front sidewalk would likely reappear at some point in the future. Rahn noted on some applications in the past the Planning Commission has included a front sidewalk in hardcover calculations even when it was not originally designed that way. Chapman stated the entrance they use to the house is typically not the front door. Rahn inquired whether there are any other areas where hardcover could be removed. Rahn noted the previous resolution required the removal of 80 square feet of patio. Rahn stated he would prefer a third stall on the garage rather than a shed. Chapman inquired why a third stall would be preferred rather than a shed. Rahn noted there are no height restrictions on sheds and that the Planning Commission currently does not have a plan showing the design of the shed. Chapman indicated they would like to make the shed similar to the house and that they would like the shed to store various items. Chapman indicated she would be willing to submit plans of the shed. Kempf stated the applicant's husband also explained that the shed would be similar in appearance to the house. Chapman stated they would be agreeable to consider a third stall on the garage but that they had the understanding it would require a significant variance. Rahn stated he would not be in favor of trading the front sidewalk for a shed. Rahn stated he understands the need for storage, but that the Planning Commission typically does not trade non-structural hardcover for structural hardcover. Chapman indicated the steppingstones were planned regardless of whether they build the shed or not. Rahn inquired what the size of the current garage is. Gundlach stated the garage is approximately 25' by 28'. PAGE 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 17, 2005 6:00 o'clock p.m. Bremer stated given the length of the lot and the location of the shed behind the trees, she would be in favor of a 1 0' by 1 0' shed subject to plans being submitted. Fritzler stated the fact that there are trees there now does not guarantee that there will be trees there in the future. Leslie moved, Fritzler seconded, to recommend denial of application #05-3142, Christopher and Emily Chapman, 3775 Bayside Road. VOTE: Ayes 4, Nays 1, Bremer Opposed. #05-3146MARKANDPAMELAPALM, 1447PARKDRIVE, VARIANCES, 7:40P. plicant, and Tom Brennan, Friend, were present. licant is requesting the following variances in order to re detached garage: 1. percent is normally allowed and 37.08 percen 2. percent is normally allowed and 41.2 7 percent curr 3. t where 15 feet is normally required for a detached building in exce of 750 square feet and a 1.5-foot set The applicant applied for similar riances in March of 2002 to replace the existing g 35' garage with storage abo . Ultimately, approval was granted for a 22' by 34' garage an variance approval ex · ed on July 22, 2003. The applicant then submitted to renew that variance in September 2005· owever, upon receipt of the necessary plans, it was determined that the proposed sions were changing, causing the hardcover numbers to vary slightly and thus requiring revie of an entirely new application. No other variances have been applied for or approved for this PAGE17 ZONING FILE: 05-3142 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 19, 2005 TO: Christopher & Emily Chapman 3 77 5 Bayside Road Long Lake, MN 55356 COPIES: }'.X.~~ ,9_~ ~ff_!.._l~,A 1}_~~ ~ _____ Hardcover, Street/Rear Yard Setback Variances __ _ DATE OF MEETING: October 17, 2005 Planning Commission recommended as follows: To deny the requested variances based on the following: • Conversion of a solid sidewalk to front stepping stones is not acceptable due to the likeliness that a full sidewalk will be replaced in the future, and • Non-structural hardcover should not be traded for structural hardcover. VOTE: 4 FOR 1 AGAINST The dissenting commissioner would have permitted a 1 0' x 1 0' shed with the hardcover removals as proposed. Applicant's next scheduled meeting is confirmed as: City Council -Monday, November 14, 2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. #05-3142 October 17, 2005 Page 1 of5 Date Application Received: 7-20-05 Date Application Considered as Complete: 10-11-05 60-Day Review Period Expires: 12-10-05 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Janice Gundlach, City Planner 26 Date: October 13, 2005 Subject: 05-3142, Christopher & Emily Chapman, 3775 Bayside Road, Street Yard Setback Variance, 75'-250' Hardcover Variance, Public Hearing Zoning District: Lot Area: Lot Width: LR-IA, One Family Lakeshore Residential District (2 acre min.) 0.94 acres (41,220 s.f.) Approximately 460 feet@ Shoreline; 420' @ 75' Setback Application Summary: Applicant requests the following variance in order to construct a 12' x 12' shed on the property: 1. Hardcover variance to permit hardcover within the 0-250' zone of 30% where 0% hardcover in the 75' -250' zone and 25% in the 250' -500' zone are normally required and 30% in the 0-250' zone was approved by variance in June of 2004. 2. Street/rear yard setback variance to permit the proposed shed to be located 28' from the property line where 50' is normally required and the existing home was permitted to be setback 21.8 feet from the property line by variance. (Hardcover is measured within 0-250' from the lake as the required street setback and lake setback overlap requiring hardcover to exist within 75' of the lake. This 0-75' hardcover is transferred back to the 75' -250' zone where 25% would be the maximum allowed hardcover on the property.) Staff Recommendation: Staff recommends that the Planning Commission discuss the policies of trading non-structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 78-305. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: #05-3142 October 17, 2005 Page 2 of5 Lot Area (acre) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Rear Yard (feet) 2 200 50 30 List of Exhibits Exhibit A -Applications Exhibit B-Hardship Documentation Form Exhibit C -Existing and Proposed Survey Exhibit D -Hardcover Calculation Worksheet Exhibit E-Resolution 5198 Adopted in June of2004 Exhibit F -Resolution No. 4006 RE: Hardcover Policies Exhibit G -Photographs Exhibit H -Aerial Photograph of Property Exhibit I -Property Owner's List Exhibit J -Plat Map Background Street (feet) 50 50 The property received variances for the required street (rear) yard setback, lake setback, and hardcover in June of 2004. The property is unique in that its area is quite large due to the length of shoreline ( 460'), however is very shallow whereby the required street or rear yard setback overlaps with the required 75' lake setback. At the time the 2004 variances were approved, the applicant (who was the builder not the current owner) requested to rebuild on the existing footprint, which was approved as no compliant buildable area existed on the property. The property has now been purchased by the applicants who wish to remove non-structural hardcover, being sidewalk and driveway, in an effort to be permitted construction of a shed to store lawn equipment, bikes, etc. While no elevation views of the proposed shed have been submitted, the applicants have indicated the shed will be constructed of materials consisted with the architectural style of the home. LOT ANALYSIS WORKSHEET Lot Area/Width LR-lA Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 41,220 s.f. (0.94 acres) 460' @ Shoreline 420' (a) 75' Setback Setbacks LR-lA Required Existing Proposed Front NIA NIA NIA Rear 50' 30' 10' -accessory 21' -home #05-3142 October 17, 2005 Page 3 of5 21' -shed Left Side building under 750 32' NO CHANGE s.f. 30' 1 O' -accessory Right Side building under 750 272' 190' -shed s.f. 50' -Patio Lak:eshore 75' 56' -Deck 93' -shed 60.5' -House Average Lakeshore NIA NIA NIA Structural Coverage Total Lot Area Total Structural Coverage 41,220 s.f. (0.94 acres) Allowed: 6,183 s.f. (15%) Proposed: 2,619 s.f. (6.4%) Hardcover Calculations Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75 29,790 s.f. 0 s.f 1,050 s.f.* No Change (0%) (3.5%) 75 -250 11,430 s.f. 2,858 s.f. 2,290 s.f.* 2,286.5 s.f. (25%) (20%) (20%) 0-250 2,286.5 s.f. ( transferring 0-(20%) + 3,336.5 s.f. 7 5' hardcover 11,430 s.f. 2,858 s.f. 1,050 s.f. (30%) (29.2%)- back to 75' -(25%) transferring 0-reduction of 250' zone) 75' hardcover 3.5 s.f. total back) * After exclusion of fabric or plastic-lined landscape beds Street (Rear) Yard Setback Variance The accessory building section of the code requires all accessory buildings on lak:eshore lots meet the required street yard setback and be no closer to the street than the principal building. The LR -lA zoning district requires a 50' setback from Bayside Road. The applicant would like to build a 12' x 12' shed 28' from Bayside Road, which requires approval of a setback variance. The proposed shed would meet the requirement of being no closer to the street than the principal building by approximately 6 feet. Hardcover Variance (0-75' & 75'-250' zones) #05-3142 October 17, 2005 Page 4 of5 The property has two hardcover zones; the 0-75' zone and 75'-250' zone. 1,131 square feet of hardcover currently exists in the 0-75' zone where 0 s.f. is normally allowed. Also, 2,298 s.f. (or 20%) hardcover exists in the 75'-250' zone where 25% is normally allowed. However, in order for the entire property to be within allotted hardcover allowances the 0-75' hardcover gets transferred back to the 75'-250' zone (or 0-250') bringing the hardcover in the 75' -250' zone to 3,429 s.f. or 30%, which was approved in the June 2004 variances. The applicants have proposed to remove 147.5 s.f. of non- structural hardcover in order to be permitted a shed. This would yield a net decrease in hardcover of approximately 3 .5 s.f. The removals consist of a smaller front sidewalk and elimination of the driveway strip along the side of the garage. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keep inf! with the spirit and intent of the Orono Zoninf! Code. Staff finds that the property is unique due to the overlapping street and lake setback requirements with the additional wetland restrictions. Those hardships are documented in Resolution 5198 approved in 2004. The proposal meets the intent of the code, being that no increase in hardcover is proposed, the shed is not located closer to the street than the existing house, the lake setback is met, as well as wetland and side yard setbacks. However, a remaining issue is the City policy that non-structural hardcover should not be traded for structural hardcover. This policy has been enforced in a manner consistent with the intent and provisions of Resolution No. 4006 (attached as Exhibit F) and depending on the reasonableness of the request and the various constraints of the property, has on occasion been waived through the variance process. The Planning Commission should determine whether a trade of non-structural hardcover should be permitted for construction of the proposed shed. Wetland Impacts While this application was made prior to adoption of the current wetland ordinance and would not be subject to the new wetland ordinance restrictions, the proposed location of the shed meets the 50' buffer and 20' setback from the buffer from the delineated edge of the "preserve" wetland. Installation of a buffer would not be required as the thresholds noted in Section 78-1601 (c)(4)(a-c) are not met. Technically, the applicant is only required to meet a 26' setback. Issues for Consideration #05-3142 October 17, 2005 Page 5 of5 1. Should non-structural hardcover be permitted as a trade for structural hardcover? 2. Is the request reasonable? 3. Are there any other issues or concerns with this application? Staff Recommendation Staff recommends that the Planning Commission discuss the policies of trading non structural hardcover for structural hardcover and weigh that discussion against the reasonableness of the request in making a recommendation to the City Council. City of ,Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # C6 -3 / t/Z Date Received: 7/VJZo..5 Amount Paid: "boo oO Staff : .J A:tu it€ Fee: $600 . ......:;..~:c-:c------- Renewal: $300 --'--------A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Ap~'icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 175 J3 ·•~ ~ Property Identification Number (Pl ): ___;6:...;;':S;_--~_,_-_:2-o.....;;._-_2Jf __ _;...o.;...I /_/ ------------~· (Attach legal description to application if no~ included on the survey.) Date Property Acquired (month/year): w/ (J,5"' □ Yes, I own the adjacent parcels. Present use of property: ,)4 Residential □ Other _________________ _ Zoning District: LP.. ., I A APPLICANT INFORMATION: (Complete legal nar.:es and marital status required for each interested party) Name: ,o~ Phone (home): __r..,~::....-7..!.-1-.::::€"_.U,fiS.!.1'A~~~~~~,._ Address: ()7Lt:5YL-D S-6""35 Email: £CJl'--f~---rnb tf2 ..A-oL.., L'.':Ot:V' q 52,.~ Fax: I -DI} D OWNER INFORMATION: (Complete legal names c:-,d marital status required for each interested party) Name: /,,r~ Phone (home): ___________ Phone (work): Address: Email: ____________________ Fax: _____________ _ DESCRIPTION OF REQUEST: Estimated Project Cost: $ ----Describe the request in detail (attach additional sheets if necessary): -In f:_nor t"f"'.:µ. ,:;:,L. ~A L,..,)c,t.A.__} o-L ..,yyu__~~ /2...-;-/2-J ~'1"'?'1. hz.__ {; C-1~'-rh~ ?-&., c.?'L J-i· 6YYL.... ~b.,'L,,:--✓-~ . +D ··-yy'\.p~ lJ'L-A. ,:;")0"--e_ (u.d OJZ-6~~ WI~ v::,h.;:. 6-, b~) · REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners withir:i 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department_ at Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone(6'12~348~59101 □ Original Certificate of Survey (signed by a licensed surveyor), meetin~lT-'tnerequirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the 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. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant's Signature: ---~"-- 7 ...,,__-·~/~-,4-/r~-7 -..r.-__ :=) ____ Date: ---+/-~/...,,.<-~ ........ ---_,,____-_---. ________ Date: t_ / OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. i;,7 Owner's Signature: ~ -,F~ cP Date: -, -iV--vs- Owner's Signature: Ct~ --Date: -i-1 >-:i·< Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: For Office Use Only: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 City Planner: , /'$Ji /][c Meeting Date/Ttirr.~I i' . UJCf PC Date: ✓\V C'.l . , ,U'!(I r \tl~ Main: 952-249-4600 Fax: 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 377 '.7 P:> -~ fZ.J..__ 1JL-c·vi..o ,--vvt--p1- Property Identification Number (PIN : 6S--11, ~ 1·3 --;2-L/ ~ vii I Zoning District: L!Z, -J 4 Size of Property: __________ _ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback 'J;illHardcover □ Lot Coverage D Other: □ Rear Yard Setback □ Lot Area :'S!Y~i P(~ Yard Setback □ Lot Width Applicant's Initials: fA/ HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: Date: 7-/ <?'---os Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): · 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." 2. 3. 4. V>~c: l~,,;J. I~~ c 11\/J.-Jz.._ r/::> t2r/J-e0.rf'_d-- "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 0:n~ ;I 7. ta 5~ o.-{ ..J4-'-f--~fk:='~ t/4 ::n DT "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ::::Y} 0 ..LC6Y\-:6Y)::'.\,L v ~oCU7--L~_,A:::,t;6y~ ~ y6{ v"-'-cl.. . Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." /" /\ _ 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." :22.;;tJ--, v'-cl:..-0 rJJU e ?1-Jf +L fA"-)Lc-c/--1__):_,--, ,TL-R~'1-,-:-_c_ la: V'.\ ~ 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. 11. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." t )LL7Jf--cr--, :t:r ~JT-c~ 1~, ~ l~·Yvch_o{ ;'.j-"9,f1--""::'3c:C---C!::f<:1 ;: I . ? 11 / . • j. 0 .... i P / ~ ~ ,; / ,,,LL l' ; ,,,."'l--;-, ,/ ,A'. ... -/.-, !";, •' -.__-12.._/' ,,.t__.,,t ~~...,,;:2--r7,...,.,,, :J "\_,:::--:.(_,,,./ '.,L , // :::fa- \-LA_/--,0·-"'-"'-. ~-> j-:...0 o,'L----,.-,,,..Q..-I 6".Jl.<.J;--i/l_;,., "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." J 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." 6 t...fL.d.)__ c,w :::r a+-tA-<L,L cg: -+:L / C> ·b ru;,AuL-t:-A kr Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): ,\ [ ' \ N 0 30 60 90 SCALE IN FEET 1-"f''J,'.J = EXISTING SPOT ELEV A TION. X(998.0) = PROPOSED SPOT ELEVATION _.,:?·' = DIRECTION SURF ACE DRAINAGE \ \ I EXISTING AND PROPOSED ELEVATIONS GARAGE FLOOR=942.3 . TOP OF FOUNDATION =942.5 LOWEST FLOOR=935.0 NOTE EXISTING FOUNDATION TO REMAIN VERIFY -AND USE EXISTING ELEV A TIONS PROPOSED TO FIT EXISTING FOOTPRINT BENCHMARK s~~ WI\-\ TOP SAN MH 0 ELEV = 939.9 ~ i I J\Kf /_ HOUSE =1538 SF STEP -40 SF Wi\LK = 120 SF DRIVE = 600 SF TOT Al_ -2298 SF (20.0%) TnT 1-,: --::./i _,1 Q cr:(-z.n no/·\ I I I I I I -.;;-I . r \ ../) l..1 ()-J ~I J, I I I -......1 ' /---.' I =1530 SF = 40 SF = 120 SF -600 SF TOT AL = 2290 SF (20.0%) TnTtl --z:,1,-,n c,!rin nm'\ C ...,,. w a (.) 0 < !Il a.. -tj-- 0 0 N HARDCOVER CALCULATION WORKSHE~ SETBACK ZONE: (CIRCLE ONE) 0-75' ~ EXISTING HARDCOVER IN ZONE A. House Length B . Garage X X X X X Width 250-500 ' 500-1000' -----'J....,,.£""---'3=-=0'"--_S.F. ______ S.F. ______ S.F. ______ S.F. ______ S .F . C. Driveway X X =dJUyLt_(j)_,<-£6'7> S.F. bi'dt_ pt?iV'dV 57> S.F. I~ D. Sidewalk E. Patio/Deck F . Landscape Underlain By Plastic G . Other TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A A PROPOSED HARDCOVER IN ZONE A . House B . Garage C. Driveway E. Patio/Deck . F . Landscape Underlain By Plastic l e ngth X X X X X X X X X X X X X X X X X X X X B B ----- ----- Width X 100 x 100 G. Other ~14,.L) 6~ /2-x /"J-_____ _ TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A B X 100 ----- # y-,.) J1..0 S .F. = ,fD S.F. ______ S .F . ______ S.F. ______ S .F. ______ S .. F . ______ S.F. S.F. 2'2/j D S.F. JI. 'f3D S .F . J % .JD .% u;:ao s.F . ______ S.F. ______ S.F. ______ S.F. ______ S.F. (C, 50::-D S. F . -;;-) D S.F . 1.....,/ {j,1 21, 5:°S.F. !-lb S.F. ______ S.F. ______ S .F. ______ S.F. ______ S.F . ______ S.F . A B @) Ff:t S .F . 2,2-Sio .6'S.F. A tJ 1 '-f:~ D S .F . B 1D % CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~, ~ ~ 3 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-282, 78-1288, 78-305 (B) FILE NO. 04-3017 ·wHEREAS, Sprnce Hill Properties, Inc., (hereinafter "the applicant") is the owner of the property located at 3775 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the ''property"); and ·wHEREAS, the applicant has made application to the City of Orono for hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re-constrncting the ½ story above. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3017. 2. The property is located in the LR -lA, One Family Lakeshore Residential District, which requires a minimum lot area of 2.0 acres. The applicant's property is 0.94 total acres in area. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of the hardcover, lake setback, and street yard setback variances based on the following findings: a. The configuration of the property causes the required lake yard setback and street yard setbacks to overlap resulting in no buildable area unless variances are granted. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. !l 11. @fl b. The existing house is located in the most conforming location of the lot. c. The proposed remodel will take place entirely within the existing footprint. d. The proposed remodel will yield a net reduction in hardcover of 108 square feet. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, 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 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 prope1ty 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 one or more of the above findings, the Orono City Council hereby grants hardcover, lake setback, and street yard setback variances to Orono Municipal Zoning Code Section 78-282, 78-1288, and 78-305 (B) to allow an extensive remodel of the existing building which consists of renovating the first floor and re-constructing the ½ story above, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 51\. ;6 2. Hardcover in the 0-75' zone shall not increase above the level of 3.5%. Hardcover in the 75'-250' zone shall be limited to 3,340 s.f. or 29% per the proposed plan and hardcover allowance summary as depicted on Exhibit A Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their penneability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed and confirmed at the time of the initial required construction inspection. 5. Applicant shall remove 80 s.f. of patio on the lake side of the home so that the patio will not extend any further towards the lake than the deck. 6. Authorities granted by this resolution nm with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new constrnction within one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITYJ;OUNCIL NO. 5 )l ~ tt} Adopted by the Orono City Council on the 14th day of June, 2004. ATTEST: ...... \ / .•··· ·_,· .. /' J,j······ .,.·,•, ;,,·,·. ~ , .~ .... _J{ ? L-.f''t. ... ~<--·· C -· , .. ""'-.... Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Prope1ty Owner(s) (lL::.;'ttl-c1t• .. .J l--f"'.51'.."> ic. ·:.f.' •\ Page 4 of 6 ST ATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. @ Jl ~ ,§ I . .l., ,; ,,r f The foregoing instrument was aclmowledged before me on this '.:__ day of ~ 1 .. \ i'•.'l--, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota '.)municipal corporation and said instrument was executed on behalf of the City. {.~-~-'© ~:·,.\ ··: .... . RACHEL DODGE ; MOT/\.RY PUBLIC -MlN: ":~•JT,~c•· . t!;:, Ccr:rnbs.ion EY.pi·;;::.~:. J:·.-· -· · STATE OF MINNESOTA COUNTY OF HENNEPIN /_:)[ r.t·~.~. ' Notary Public iJ The foregoing instrument was aclmowledged before me on this _ day of "fl,., h,':. , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Mi1mesota municipal corporation and said instnnnent was executed on behalf of the City. rtACMEL DODGE NO'l'fr.lW PUSL!C • M:Ut ·;J~\., My Commission Expires J::;;1. '· -" ·' Notary Public Page 5 of6 -\, L .\( r:' \. < ... CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ ll ~ ~ State of Minnesota ) ) ss. County of Hennepin ) This instrnment was acknowledged before me this /5~ay of J~, 2004 by l)?ail-/2 euJ L • t!.o 6}::..S O"YL-,,,l , President of Spruce Hill Properties, Inc., a Minnesota corporation, on behalf of the corporation. BARBARA G. SILUS NOTARY PUBLIC -MINNESOTA My Commission Expires Jiin. 31, 2008 = Notary Public Page 6 of 6 EXIIlBIT A ·LEGAL DESCRIPTION OF PREMISES; (A) Lots 5, 6, 7, e; 13, 15·, 16, 19, 20, 2L 22, 23_, and 24, Ottoville Qn lak.e /llinnetonka, . ~XCE-PT that part of said Lots 15, 16., 19, 20,_21, and 22 lying-Southerly of a line drawn· parallel .w-t th -'-'·i!:A'.d.-..3-0.,.,r--e-e,t_ -Ii, ~-a-s--t--<!-r I-JI-,··-mea s·u i=ed .. at . I' 1-g h-t--a ng I es , f rom•--~1---1-i-na-her.e-~n a f.t-e r. -re-f~r-r--e d---~O -· -... ii "L~ne 8", said 'Line B" being descrtbed as follows: Commehclng at the Northwest carne~ df th·e Southeast Quarter of tt1e Nar.thwest Qua-rter of Section 5, To1i-rishlp 1-17-Nor.th, ·Ran·ge 23 Wes~ of ·the 5th .. Princ-ipal Meridian; thence So_uth along t_he_ !{est I i-n·e of sa·id Southeast Q1:1art_er of the Northwest Quart.er-a distance of 234 feet: thence -d.ef"lectlng rlgt1t 48 degrees a dlsta·nci: ·of · 90 fee.t to the ·point of beg"inn.lng of ."Lin~ B"; th~nce def lee.ting le.ft· 83 degrees to th!! Soutl)erly extension. of the East lin.e of said ·L.ot 15, and s·aid "Une ·B" there ending; -. · (-8)" That part of Lake V+-ew Avenue· and ·Lake Str-ee.t as dedicated c·n. the plat of· Ottovi I ,e o-n L·ake Minnetonka, descri.bed as fo.lloris: Commencing· at th·e _Northeast. corner of the Northwest ·01.rarter of Section_ 5, Township 117 North, R~hge 23 West of_the 5th P~lncipal ~erldian; thence South aloAg the East line of said Northwest quarter a di Ha-nee of 1400.28 feet; thence. de-fleeting l_e·ft · 64· degrees 30 minutes a distance of 143.32 feet to the point of beginniAg of a·lin~ heteinafter · referred to as "Line A"; t·hellce defl-ectt"ng right 180 degree.s_ alo_ng s.ai'd "Llne A''. a distance o-f roo feet; thence along a. ta.ngential curve to the left havin-g: a radius of s·oo feet and central -angle of 22 degrees-· 3o•min\Jtes' a distance of 196.35 feet; the11ce Wes-tecrly tang.ent-to sal·d curve a distance of 802.S feet: thence along A tangantlal curve to the feft.havlhb .a radius of 300 feet and_ a ·central a_ngie a_f 45 degrees a d-lstaace of 235.62 feet.; thence So-uthweste.rly tangen.t to last said curve to a point on the .-Wes.t ·1 ine of the Southeas·t Quarter of sal'd l'to,rthwest Quarter of Section 5_; and said "Line A" there ending, said end'in:9 point be.ing tbe point (}f _be·ginni-rjg of the property being_·des,cribed: t-hence Northeasterly al-ong said "Line A" to Its "!nt-e_rsecnon wi tl1 the Northerly extension-of the .Westerl.y 1/;ne of T-he-res-a ..Street ins.aid plat o.f Ottci·v·llle on l,_ake- M.innetonka :· t·hence SoU:thedy along s·ald Northerly extension to the ·southerly line or ·.said: Lake View Aven:ue: thence Southwesterly ala.ng said Southerly .1 rne·of L,1ke. View Avenu·e to the ·East line of .said Lake Street; the·nce South along said East 1 lne of _.Lake Street to Its 'i_nte,rse'ction ii°I th a line drawn parallel with ·ana 30 feet Northea-st.er'ly, measured at_ rl-ght' ang·le:s. from a Line h·er.ei·n- a'fter referred to as "Line B", s_aid "Llne B" being described as ·fol.lo.ws_: · . Commencing at the No_rtliwest'corner-of said, Southeast Quarte:/nf -t.he Northwes:t Qu_.~rHr; ttlence ,South alang·the 'II.est l:ine o·f "said.Sou_theast Quarter of the Northwest QiJa-rter a distance-of 234 feet; thence ·deflect~ng right 48 degrees a. distance of 90 feet ~o t~e pol~t of beglnrtlng o_f said "Line ·B"; thence deflectl·l)g left 83 degrees to.-sald East line of Lake Street, and said "Line B" there ending, · thence N·ortbwesterly ·along s-aid parallel. line to Its ·Intersection with sai-<l West line o-f the Southeast Q.uarter of the Northwest Quarter; _the.nee N.orth along sa_ld West 11-n·.e··to the pi:l·.l.nt of beginning, EXCEPT that part of salA aboje described property lying Northerly of a line·33 feet Sa-utherly of, measured."a-t right ang.le·to ,m-d parallel with, s-ald "Li'ne A"_; . (Cl That part of the· Northe~st Qu~rtgr of tbe Southwest Quarter Df the Northwest Qua~ter of ~ectia1 5, Township 117 North-, Range 23-West of the 5th Principal Mer·idlan, lying Southeasterly· of a·lin.e- herelnafter referred td as "Line B", said "Line A~ ~nd "line B" ·being described as follows: Commencl·ng at the No-rth.e-ast corn.er of si1i_d Northeast 94art~r.of t_he-South-west" Quarter of the Northwest. Quarter; then.ca :South alon-g the East 1 lne of satd North·eas.t Quart,er ·or th·e South- west Quarter of the Northweit Quarter a distance 234 feet ta the point of beginning of said "Line A"; thence deflecting right 48 degrees a· d-ista.nce of 90 feet.to a pol-nt, and saii:! "Line A" t_here ending, said ooint being the po_lnt of beginnin.g· of s-aid "Llhe 8"; thence deflecting left 8"3 de·grees to said East ·11n-e, and said "Line B" ·there endl"ng, . EXCEPJ that part.thereof.lying Southwesterly of a line drawn parallel with and 30 feet· Nortbeast~rly, measured at right ang1es, ftom said "Line B", subj~ct to an existing easement far raad purposes; · · N ) 60 90 ;;/: :q FEET ,,,,'., = EXISTING SPOT ELEVATION. X(9'J8.0) = PROPOSED SPOT ELEVATION --"' ··. ... = DIRECTION SURF ACE DRAINAGE EXISTING AND PROPOSED ELEV A TIONS GARAGE FLOOR=942.3 TOP OF FOUNDAT~N =9425 LOWEST FLOOR=935.0 NOTE EXISTING FOUNDATION TO REMAIN VERIFY AND USE EXISTING ELEV A TIONS PROPOSED TO FIT EXISTING FOOTPRIN1 BENCHMARK 5~.1-\ \it\ TOP SAN MH 0 ELEV = 939.9 ., ........ _ 1D 'f;£ fl.fMO\/fl) ---- k.x.HIBIT 8 . ..____,,_ / / ./-· -, .-· ,, .. ,~ -----\Jf0~ 5 !✓ -~~ " >, ,-u., / '. c> 0 '- /;• / . / ,· / I , / ./ _.,,/ J .JI ..JJlw / >..;- / / / ~ V /... / I (._1-J / I ,, . / '; I / I / I I I I I I I I I ""r r ' , I 1.., (._l-J I . ,, j ✓' /-.. . ~~~-;ti ~~o~ ~~ ~i2;;:j Cj .o Lur') ~ Q;; I 4:~ ~..Jn::-<t /:ju.. (l_ 'f I l'lozN r.:;..;-wlO / <tOOl <DW {__) )J___C)~ ¼._1 c§ -...--,...----sf\-~ 9::: ........ 1...::: :::s lw e5 ~ VJ Q ~ ;?: h. ~ 8: ---..;:: ~ --.J C)~~ ;;,J ~q:: ::i:: ::::S1:-tJ Lr)~ Q:i Q ~ ::::i 5 It! g :: st· 0 0 N N° N ci ....J ; 8: l\'l 3 f ~ ll: C 0: I'-_ ... a: l'<)-:2CJ) ·~1y-:--•:· t:>: t.: i] _ _;, ~ l.:=l @§) ® CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ,4 0 0 6 A RESOLUTION ESTABLISHING POLICY REGARDING THE HARDCOVER STATUS OF PLASTIC AND FABRIC LANDSCAPING MATERIALS AND DEFINING THE DISTINCTION BETWEEN STRUCTURAL AND NON-STRUCTURAL HARDCOVER WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other material which interferes to any degree with the direct absorption ofrainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the I 000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, .the City Council has long considered that plastic sheeting and weed control fabrics (hereinafter referred to as 'plastic or fabric') shall be considered as hardcover for the purpose of administering the hardcover ordinances, regardless of the extent to which such materials are actually permeable; and WHEREAS, the City has never issued permits for placement of plastic or fabric on private or public property, and all such material where it currently exists in excess of the allowed hardcover percentages on any given property, is considered as non-conforming; and WHEREAS, the City is continuously faced with requests for variances to the hardcover ordinances wherein applicants are required to provide calculations identifying the various types and square footages of hardcover within a property; and WHEREAS, hardcover variance requests are commonly reviewed by the City with the underlying intent that the percentage of hardcover be reduced from the pre-existing condition; and Pagel of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ,4 0 0 6 WHEREAS, property owners commonly request hardcover variances for which their proposal includes a reduction in the overall hardcover, but typically by an increase in the amount of 'structural hardcover' with concurrent removals of 'non-structural hardcover'; and WHEREAS, the City has not previously formally defined by ordinance or resolution the distinction between 'structural' and 'non-structural' hardcover, but has commonly considered such a 1istinction when reviewing hardcover variance requests; and WHEREAS, the City Council finds that it would be beneficial to formally define the distinction between structural and non-structural hardcover; and WHEREAS, the City Council finds that it is inappropriate to consider the removal of non- conforming plastic or fabric as a good-faith hardcover reduction when considering hardcover variance requests; and WHEREAS, the City Council finds that to the extent practicable, all non-conforming plastic or fabric should be removed from properties for which a hardcover variance is requested, to reduce the potential for 'trading' non-conforming non-structural hardcover to gain structural hardcover. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota: 1. Structural Hardcover shall be defined as those items of hardcover which require a building permit, which extend above the ground surface or into the ground, or which are constructed rather than placed. 2. Non-structural Hardcover shall be defined as those items of hardcover which do not require a building permit, which exist on the ground surface but do not extend substantially above or below grade, or which are placed on the ground surface rather than constructed. Page 2 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. AO O 6 3. The following items are considered as hardcover: Structural Hardcover Buildings Tenniscowis Pools, incl. water surface Decks, regardless of spacing Roofs of any sort, incl. some roof overhangs Play structure platforms Temporary buildings Any vehicle, material, or equipment which prevents direct absorbtion of rainfall into the ground and which is stored for an extended period of time Non-Structural Hardcover Roads and shoulders Driveways (Concrete, asphalt, gravel, dirt) Sidewalks, ramps, etc. Any surface intended to be driven on Landscape beds lined with plastic sheeting Landscape beds lined with weed-prevention fabric Tops of rock or timber retaining walls Patios, stepping stones Porous pavements (various) 4. All plastic or fabric located in the 0-75' hardcover zones within the City is considered as non-conforming unless specific approval for same is granted by the City Council at some date after the adoption of this ordinance. 5. All plastic or fabric in hardcover zones other than the 0-75' zone is considered as non-conforming when the combined structural and non-structural hardcover in said zones exceeds the allowed hardcover percentages for said zones. 6. For any project that has been the subject of a hardcover variance approval, no building permit will be issued until all non-conforming plastic or fabric has been removed from the property. Hardcover calculations presented at the time of variance application shall reflect all hardcover remaining on the property after the non-conforming plastic or fabric has been removed. Adopted by the City Council of the City of Orono this 24th day of November, 1997. Page 3 of 3 RUN DATE: 7/21/2005 38 0511723210005 PROP ADDR 3780 BAYSIDE RD OWNER NAME C L & R J WICKLUND TAXPAYER NAME/ADDR CRAIG L & RENEE J WICKLUND 3780 BAYSIDE RD LONG LAKE MN 55356 38 0511723230035 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME MARK L & KARENA S CASEY TAXPAYER MARK L & KARENA S CASEY NAME/ADDR 255 LANDMARK DR LONG LAKE MN 55356 38 0511723240082 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR HENNEPIN FORFEITED LAND 164-C/NC DNR RESTRICT SALE 38 0511723240112 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER HENNEPIN FORFEITED LAND NAME/ADDR DNR ISSUE UNDER STUBB'S BAY-LAKE MTKA 38 0511723240119 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GARY K VALERIUS TAXPAYER GARY K VALERIUS NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0511723210022 PROP ADDR 3760 BAYSIDE RD OWNER NAME SJ MURRAY & AB MURRAY TAXPAYER NAME/ADDR STEVEN J & ALYSON B MURRAY 3760 BAYSIDE RD LONG LAKE MN 55356 38 0511723230036 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME LANDMARK DR HOMEOWNERS ASSOC TAXPAYER LANDMARK DR HOMEOWNERS ASSOC NAME/ADDR C/O LEE C HARREN 175 LANDMARK DR LONG LAKE MN 55356 38 0511723240105 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 0511723240115 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 0511723240120 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 LOND LAKE MN 55356 38 0511723210023 PROP ADDR 3750 BAYSIDE RD OWNER NAME GARY KV ALERIUS TAXPAYER GARY K VALERIUS NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 38 0511723230037 PROP ADDR 255 LANDMARK DR OWNER NAME MARK L & KARENA S CASEY TAXPAYER MARK L & KARENA S CASEY NAME/ADDR 255 LANDMARK DR LONG LAKE MN 55356 38 0511723240111 PROP ADDR 3775 BAYSIDE RD OWNER NAME CW CHAPMAN & E P CHAPMAN TAXPAYER CHRISTOPHER & EMILY CHAPMAN NAME/ADDR 3775 BAYSIDE RD LONG LAKE MN 55356 38 0511723240116 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 0511723240121 PROP ADDR 3770 BAYSIDE RD OWNER NAME WINFIELD R STEPHENS III TAXPAYER WINFIELD R STEPHENS III NAME/ADDR 3770 BAYSIDE RD LONG LAKE MN 55356 PAGE: 1 RUN DATE: 7/21/2005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS nus DATE ON THE RECORDS OFMYKNOWLEDGEANDBELIEF. I fr,~ OFTHE HENNEPIN COUNTY TAXPAYER S~I~ DEPARTMENT,.;i;o THE B DATE z '2, (..L../BY I ,' ,r1,11,1<e::;:.,K<V r ,r , y: · ~ "'<(.~, i::!) ..;j' ,~1 ..,. '·, '.'., ~:~~1 t-·~ ~ lb:, -~q PAGE : 2 ·~ (40) (4) o'~ <9<:) ~o ~o 56 (33) ~ ~ :, - ~ ~ ' ' ,j,/4f,l4Nd'<l"$J'fl W PTOFLOT53 (14) N t ;: ~ I# ::i ~ i:S "' I ... A Q 52 2 (38) "' ~ N fr-756. ~1.1_ 5408 537.01 (9) 533.22 l 2 1 (37) 1 ~ (.') ~ C) '.4 < '!)'t,~'l, ,1 , ! I.J.J ~':"'<?:, " ;;,;, 176.76 S89"48'35.E "':t ~"' .. ~ 149.05 N89"44'16W ~ (0/ ~ 1'.:>(j) 2 It ~ (16) 1 :g )-_ ' 182.94 Ns9 •4o w % ~L._,.,"'9!'!" ___ .i:s~~ i$' 05-117-23-21 " VALERWS ~ De,~-:, ?: . ., , o_,. (' 1 220.38 C) c • .S>-~ ~ Ct> ,u 77 ~ cE' ~ 52 ; ! 1 ~ 2 @..L"'> Lf't1-- ),.:. Cl ,., .. 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"'' 90 5 ,, .. 521.85 /39i' ..,, ~ . 86 6 :t, 518.06 113) "'' "'' 87 7 I .. ~. 514.27 (14) gi BB 8 ;!, 510.48 (15) "'' "'' 78 9 :t, 506.7 :, ~I 60 ---,o ' ' ~/ 58 ' 489.1 11 ' , "'' ' ""' ' (43) "-, ' 463.8 , 48 12 ' ~ :;;:_ .,', ' 445.74 ' --, :,, -->l 70 66 (1989 AERIAL fPHOTO) 85 (112) ~--------------------p.UD -----5[J1BO, 68 69 )',1;,: 0 (j !;o, ~ s<o s"'-'i.> z03 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#0S-3142, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my d seal this ?1h day of October, 2005 . Denise M. Leskinen -~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 _ Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 17, 2005, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: 1. 2. 3. 4. 5. 6. 7. 8. 9. #05-3131 #05-3135 #05-3139 #05-3142 #05-3146 #05-3147 #05-3148 #05-3151 #05-3152 Steve Bohl of Bohland Development, Inc. requests rezoning and preliminary plat and general concept plan approval via the Planned Unit Development process for a residential subdivision to create 10 lots on 1 block at a density ofapproximately 3 units per acre from property located at 190 Willow Drive North and 177 Glendale Drive, RR-1 B zoning district. Allen & Deanna Munson, 3165 North Shore Drive, LR-lB zoning district, request a conditional use permit to allow fill in excess of 500 cu. yards and an average lakeshore setback variance to construct a new single family residence at the same setback as the existing home. Hill School of Minnesota, Inc, 2180 North Shore Drive, RR -1B zoning district, requests side yard and side street setback variances in order construct an addition for office space, and a conditional use perm it amendment to expand the school, and allow a temporary trailer on the property for use during construction. Christopher & Emily Chapman, 3775 Bayside Road, LR-IA zoning district, request a street yard setback variance to permit construction of a shed 28' from Bayside Road where 50' is normally required and the existing home is setback 21.8' and a hardcover variance whereby the proposed removals of non-structural hardcover for the addition of structural hardcover would result in a slight net decrease in hardcover within 0-250' of Lake Minnetonka. Mark & Pamela Palm, 1447 Park Drive, LR -lB zoning district, request variances for side setback and for 75'-250' and 250'-500' hardcover to permit construction of a new detached garage to replace an existing detached garage. Steve & Janna Sundby, 3587 North Shore Drive, LR -lC zoning district, request a conditional use permit in order to replace existing timber retaining walls with boulder walls within 75' of Lake Minnetonka. Robert Carlson, 4465 Bayside Road, RR -lB zoning district, requests a variance to allow a 2.5 'encroachment into the required 1 O' setback between buildings for a kitchen addition to the existing home. Gary & Sandra Baron, 3619 North Shore Drive, LR -lC zoning district, request lot area, lot width, and O -7 5' and 7 5' -25 0' hardcover variances in order construct a new single family residence. Bohland Deve.lopment on behalf of James D. Mackinnon et a!, "3500" Watertown Road, RR-1 B zoning district, requests preliminary plat approval to create six single family residential lots on one block including construction of a private roadway requiring minimum lot areas of 2.0 acres and minimum lot widths of200 feet at the right-of-way. 10. 11. 12. 13. 14. #05-3156 #05-3157 #05-3158 #05-3159 #05-3160 Kevin Garnett, 450 Orono Orchard Road, RR-1 B zoning district, requests a conditional use permit to permit installation of plumbing in the existing oversized accessory building. Martha T. Mason on behalf of Sara N. Moos, 2160 Webber Hills Road, RR- 1B zoning district, requests a front yard setback variance to permit construction of a garage addition and second story living addition at a front yard setback of 44' where 50' is normally required and 44' currently exists. YA Architecture on behalf of Tim and Gayle Devries, 3125 Fox Street, LR-IA zoning district, requests a conditional use permit in order to construct a guest house on the property. Todd J. Knutson on behalf of Fred A. Johnson, 4017 North Shore Drive, LR- 1B zoning district, requests a lot area, lot width, and a 75'-250' zone hardcover variance in order to construct a new residence on an existing lot. Judson M. Dayton, 825 Old Crystal Bay Road South, LR-IA zoning district, requests a combination/subdivision of a lot line rearrangement involving three separate residential tax parcels (PID #'s 09-117-23 21 0001, 09-117-23 21 0004, and 09-117-23 21 0005) to result in two residential tax parcels and a driveway access easement. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by October 12, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for fu1iher information. For an appointment, please call (952) 249-4600. Michael P. Gaffr011, Planning Director To be published in the Laker and Pioneer on October!, 2005. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 ~, s·mudge Free Printing .. ~ Av;ry® TEMPLATE 5160® (),!J--3/cf'2-www.avery.com 1-800-GO·AVERY 38 0511723210005 :raig L & Renee J Wicklund 1780 Bayside Rd. ~ong Lake, MN 55356 18 0.511723230035 vfark L & Karena S Casey '.55 Landmark Dr. .,ong Lake, MN 55356 ,8 0511723240111 ;hristopher & Emily Chapman 77 5 Bayside Rd. ,ong Lake, MN 55356 38 0511723210022 Steven J & Alyson B Murray 3760 Bayside Rd. Long Lake, MN 55356 38 0511723230036 Landmark Dr. Homeowners Assoc CiO Lee C Harren 17 5 Landmark Dr . Long Lake, MN 55356 38 0511723240119 Gary K Valerius 3750 Bayside Rd. Long Lake, MN 55356 @ AWRY® 5160® 38 0511723210023 Gary K Valerius 3750 Bayside Rd. Long Lake, MN 55356 38 0511723230037 Mark L & Carena S Casey 255 Landmark Dr. Long Lake, MN 55356 38 0511723240121 Winfield R Stephens III 3 770 Bayside Rd. Long Lake, MN 55356 I '.l~ l •/· . structural.. hardcover wo ut.ct':tes-ult .In a. slight net decrease In hardcover within O· 250' of Lake Minnetonka, · · (Pu lillstied In The Laker and The Pioneer newspapers, October1, 2005). Affide "\ of Publication State of Minnesota, County of Hennepin. Eric Serrano , being duly sworn on oath , says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota , and has full which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 1st day of October 2005 , and was thereafter printed and published every SaturdaY. to and including Saturday, Authorized Agent Suscribed and sworn to me on this 1st day of October 2005. By:~~ Notary Public SUS AN A. FLOHRS NOTAR Y PUBLIC -MINN ESOTA f.lYCOMMISSION EXPIRES 01-31-2010 Rate Information (1) Lowest c lassified rate paid by co mmercial use rs for comparable space : $15.50 per inch . (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7 .96 per inch. Each additional successive week: $5.79. l ~ ! Affida of P ublication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publ i sher of the newspaper known as THE LAKER, Mound , Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 , and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 1st day of October 2005 , and was thereafter printed and published every Saturd , to and including Saturday, Authorized Agent Suscribed and sworn to me on this 1st day of October 2005. By:~Dae~Ov_J Notary Public e SUS AN A. FLOHRS NOTARY PUBLIC-MINNESOTA 'll'I COMMISSION EXPIRES 01-31-2010 Rate In formati on (1) Lo west classified rate paid by commerci al users for comparable space: $15.50 pe r inch . {2) Max imum rat e allowe d by law for above matter: $15.50. (3) Rate actua ll y charged for abo ve matter: $7 .96 per inc h. Each ad ditional s uccessive week: $5.79. Affidavit of P1.1olication LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN -55323 walls existing within 75 'of the OHWL of Lake Minnetonka. . State of Minnesota, County of Hennepin. hone (952) 249-4600 Fax (952) 249- 4616 . lTICE OF PUBLIC HEARINGS The ·Planning Co~mission will hold blic hearings in the Orono Council ,ambers at 2780 Kelley Parkway on mday, September 19, ·2005 , beginning 6:oo · p.m . on the matter of reviewing the lowing land use applications: - • #05-3095 -Minnetonka Portable edging on · behalf of Gregg .Steinhafel, 65 North Shore Drive,_ LR-1A zoning ;trict, requests a conditional use permit · a permanent dock. •#05-3146 -Mark & Pamela Palm,- 1447 Park Drive ; LR -1B zoning district, request a renewal of variances originally granted in 2002 to permit construction of _a new detached garage to replace an exist- ing detached garage, requiring hardcover _ and side yard setback variances . • #05-3147-Steve & Janna Sundby, 3587 North Shore Drive, LR -1 C zoning _ district, request a conditional ·use 'permit in _order to replace existing timber retaining walls with boulder walls within 75' of Lake Minnetonka . . • #05-3148--' Robert Carlson, 4465 Bayside Road, RR -1 B zoning district, requests a variance to allow a 2.5'e ncroachment into the required 10' setback between buildings• for a· kitchen addition to the exi~ting home . _ · _ Eric Serrano, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. ·-• ~05:3121 -Cindy Sudheim~r and mes Anderst on behalf of The Narrows tloori, 3382 Shoreline Drive, .B --1 zon- , district, request a ccirictltiorial us e per;·· ,t to expand the existing restaurant and '• #-05131-49 -Jcihn Tniesse on 8.) The printed Notice-Land Use Applications behaij of Trinity · Lutheran Church•, 2060 Sixth Avenue N, 'RR -1B zonil'lg district, allow outdoor seating in front of the 1ilding along Shoreline Drive and in the ar _ 9f the. puilding in an outdoor patio lay- 1fapi~g ent to -m e City-owned parking lot. requests a conditional use permit to per-which is attached was cut from the columns of mil . consJruc!.i<;in of a storage addition, • . . admlniStrative,,and Cl!lssroom/conference said newspaper, and was printed and published addition , and a large gathering roomaildi-' h k f · • 1105-31_31 -Steve Bohl of Bohland ~velopment; Inc. requests rezoning and eliminary plat and general concept plal) iprova_l via •. the Planned Unit evelopment process for a · residential Ibdivision to create 11 lots on 1 block at densiiy of approxi mat_ely 3 units per acre )111 property located at 190 Willow Drive · :iuth and 177 Glendale Drive, RR-1B ming · dist_rict. tionwithscopeofworktolncludegrading, once eac wee or one successive week(s). • #05-3135 -Allen & Deanna iunson , 3165 North Shore Drive, -LR - 3 zoning district, request . a conditional ,e permit to allow flll in excess of 500 cu. uds and an average lakeshore setback uiance to construct a new single family 1Sidence at the same setback as the (isling home. · -• #05-31 ~6 -Troy R~ Broitzman , 860 Shoreline· Drive , LR .:..·1A zoning dis- ict, requests a lot width variance and a onditional use,permit In order to conduct tnp .alte.ratio~s co~sisting . of approxl- 1ately '5,ooo· cubic yards of grad _i!lg in" rder· to coristruct a new single family res- tence . · re -surfacing and re-orienting of the park• ing lot,-·and construction of a-stormwater pond . • #05~3150 -Tlm Powers on behalf of Kevin . Grell,-· 1945 Fagerness Point Road, LR -_1C zoning -district, requests a rear yard setback variance to replace an existing deck 1,375 square feet in area with a deck · 532 square feet in area approximately -13.5'. from the rear lot line · where 30 ' is normally required and 8.5' currently exists .. • #05-315'1 ~ Gary & Sandra ~aron, 3619 North Shore Drive, LR -1 C zoning _ district, .request lot area, lot width, and 0 - 75' and 75' -250' hardcover variances In order .. construct a new single f;lmliy resl• derce. · ·- • #05-3152-Bohland pevelopment _ on behalf of James D. Mackinnon et al, "3500'~-Watertown .'Roacl /Rfj--·1 B zoning di.strict, reques_ts preliminarv ·plat approval to create sjx single family residential lots on one block Including constr.uctlon of a private roadway requiring minimum lot •-#05-3139 -Hill School of areasof2 .0acresandminimumlotwldths linnesota, Inc, 2180 North Shore Dr ive, of 200 feet at the right-of-way. IR -1 B zoning district, requests side ard and side street setback variances in All persons wishing to be heard are ,rder construct an addition for office encouraged to attend this meeting. This Is pace , and a conditional use permit not a final agenda and is subject· to mendment to expand the school, and change prior to the hearing. Written com- tllow a temporary trailer on the property ments are accepted and should be sub• )r use during construction. i'nitted tci ""the City of Orono by September • #05-3142 -Ch"r·1stopher ·& E-tn-·1·1y··, ·· ·14 ••2P,9~,.!!,po~~it;,le ,~J'l.al).~,a.r~-~V.\ll!,~le · for rev1ew •in the City Offices and ·all inter- ;hapman , 3775-Bayside Road , LR -·1A -estei:t:-'pe rsons are encouraged to contact It was first published Saturday the 3rd day of September 2005, and was thereafter printed and published every Saturday, to and including Saturday, Authorized Agent Suscribed and sworn to me on this 3rd day of Septembe r 2005. By:~~JQ~ Notary Public :oriiog-•\Jistric!,,.-request a street yard set-the --,Clty .. ,.for,.,fur,tl'l _er,J nformationh:-F.or,;,an , 1a6~ variance to permit construction of a appbiritlnent, please ca ll'(952) 2<i9-4600. ! SUSAN A. FLOHR$ NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01-31·201 0 ;hed ,28'.Jrom J3jly~(de f!oa.-~ _\V~e!~-W is ___ -.c f,;Fo"f~-: 0 , hr·_, 0 ,_ .n, . 0 , __ 10rmally ·required ancf the existing :f1ome .. , s setback -21 :8'·and a .hardcover varianGe -~f . f'.l~nnlng .Commission vhereby--;.thec,pioposed ~remov~ls of non: ;tructu ral , hardd0ver ''for .t he•·ailclitioi{;-,of ;trncwral ,,hatd1lover-,,,wo1:1ld-"res1:1lti', ln<•a ;light_,net i ef reiis_~ .. iri hjl~ci 9~~er :";-'il,hir)/0- !5,o: _o!Jake)'.llinneto~ka. · · • 1105:3 14g -ICO Landscape LLC. )n behalf of Robert & Vicky Nelson , 679 "1innetonka Highlands Lane , LR -1 B zoning district, requests a conditio nal use Je rmit to allow re placement of retain ing "Miclialfi"t'P. Gaffroii/Pia'n"l'liilg•!Dii'ect"oar• , (A-• i.~;.;!. _,_ ·•} it.•'~•~ ~:.1 "'i -: ,-~ .. ,. i .j • Posted :at:·Orono, City .Offices .-''J'. -- Crystal Bay Post Office .• Long Lake Post Office Navarre Post Office (Published in The Laker and The Pioneer newspapers, September 3; 2005 .) · Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch . (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch . Each additional successive week : $5.79. LEGAL NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 _ Phone (952) 249-4600 Fax (952) 249-4616 NOTICE OF PUBLIC HEARINGS The · Planning Commission will hold public • hearings In the Orono Councll Chambers St 2780 Kelley Parkway on Monday, September 19, 2005 , beginning at 6:00 p.m . on the matter of reviewi ng the fotlowlng land us·e applications: - • #05-3095 -Minnetonka Portable · . Dredg ing on behalf of Gregg Stalnhafel, 2265 North Shore Drive , LR-1A zoning dlstrlct 1 requests a conditional use permit for a permanent doc k. · : ' _ :• #05-3121 -Cindy s,udhel~_er,.~nd James Anderst on behalf of The Narr'oWs · Saloon, 3382 Shoreline Drive, B -' 1 Zan• Ing di~trict. request a conditional use P.Br-. mit to expand the existing restaurant and to allow outdoor seating in front of the building along Shoreline Drive and In the rear of the ~ul.lding In an outdoor patio lay- out adjacent to the Clty-owned_parklng lot , • #05-3131 -Steve Bohl of Bohland Development,.lnc . requests r~zonlng and prellrillnary plat and ·general concept plan · approval via the Planned . Unit Deyelopm ent process for a resident/al subdivision to create 11 lots on 1 block at a density of approximately 3 units per acre ·,rom property jocated et 190 Willow Drive South and -177 Glendale Drive, RR·1B zoning district · • #05-3135 -Allen & Deanna Munson, 3165 North Sho re Drive, LR - 18 zoning district, request a conditional use permit to allow flll In excess of 500 cu. yards and an average lakeshore s8tt:lack variance to construct a new single family residence at the same setback eS the existing home. · • #05 ·31 36 -Troy A. Broitzman, 1860 Shoreline Drive; LR -1 A zoning dis- trict, requests a lot width variance and a conditional use. permit in order .to cpnduct land alterations consisting of .~pproxl- mately 5,000 cub ic yards of grading io order to construct a new slngle famlly res- ldenCe. mlt co nstruction of a storage addlUon, administrative and classroom/conference · • #05·3139 -HIii School ol addition, and a large gathering room addl· Minnesota, Inc, 2180 North Shore Orlve, lion with scope of work to Include grading, RR -1 B zoning district, requests side re-surfacing and re-orienti ng of the park- yard and side street setback varia nce s In Ing lot , and construction of a stormwater order construct an addition for office pond .. space, and a conditional Use permit amendment to expand the school, and • #05-3150 7 Tlm Powers .on behalf allow a 1emporary trailer on the properly . of Kevin Grell, 1945 Fagerness Point for use during construction . Road , LR -1 C zoning distr ict, requests a • #05--3142 -Chr!Stophe r & Em lly ~~f:ti~:i:~~~~~7;a~:~~~et~::r:~c:r:~ Ch apman, 3n5 Bayside RoB.d , LR -·1A with . a· 'dE!Ck 532 square fe'et In area zoning district, request a street yard set-appr_oximElt~ly"13.5' from the rear lot llne back varlBnce lo 7perrrilt ·construction of a . · where ·~~o• IS : horrilally-required ~nd 8.5' shed 28' from Bayside Road .where 50' ls currently exists. ~o~~~:~1~~~:n~~ h~r~::~!~:~rr:~: e #05-315~ -Gary & Sanc~ra Baron, . whereby the proposed r~mov.als ,of non~ 3619 North, S~ore Drive,.Lft-1C zoning structural ha!Ucover for the addition of . district, re·quest lot a're-a; .IOt wl.dth, Qnd O • structural , hari:tCOver'~',Wo ul~ \ ~fl;s4I! ,In a 75' and 7~' ...:. 250' hardCOVS r ,VBriBnces in ~~i~~~r~~=M~rik!t~~.::~co_v~r Within O·. · ~:~~/on~~r.;:t ·: n~n~~~.lrigl8 famil~ "resl• • #05·3145 ~ 160 Landscape LLC. on behall of Robert & Vicky Nelson,_ 679 Minnetonka Highlands Lane, LR '-1 B zoning district, requests a condltional use permit to allow replacement of reta ining _walls existing within . ~5'of the OHWL oJ lake •Minnetonka. •#05-3146 -Mark&" Pamela Palm , 1447 Park Drive, LR -1 B zoning di strict, request a renewal of variances orig!nally granted In 2Q02 to permit construction of a new detached garage to replace an existing detached garage, requiring hard- cover and side yard setback ~arlances. • #05·3147 -Steve & Janna Sundby, 3587 North Shore Drive, LR -_1 C zoning district, request a coodltlonal use permit in ord er to replace ex!Stlng limber retaining walls with boulder walls w~hln 75' ol Lake Minnetonka. • #05·3 148 -Robert Carls~n, 4465 Bays ide Road , RR -1 B zoning district, requests a variance to allow a 2.5'encro·achment Into the required 1 O' setback between bulldlngS for a kitc hen addition to the existing home . • #05·314 9 · -John Thiesse on behalf 01 . Trinity Lutheran Church, 2060 Sixth Avenue N, RR -1 B zoning district, reque sts a conditional use perm it to par• • #05'3152-Bdtil:anci Development on beJ,alf ~f James , p. Mat:klr,mon et al , "3500"Watei1owii Road , RR :: 1 B zoning district, requests, preUrpinc:i ry ~lat approval ~ 0 n c~~:tt1~~ksi~~ 1 idr~; 1 ro~:f :~;~ 1 ~ 1 ~~'! . private roadway requiring minimum lot areas of 2.0 acres ahd minimum lot widths of 200 feet at the right-of-way. All pe rsons wishing to be heard are encouraged to attend this meeting . This Is not a final agenda and Is • subject to change prior to the hearing. WrittEln com~ ments are ac_cep.ted a~d should be sub- mitted to 'the Ci ty ol Orono ·by September 14, 2005 tt posslpie. 'Plaris lire avel{able for review In the City Office~.~~d all Inter• ested pe~ons l!lre enco _uragf1d to .,CO(ltact • the City for .furttier lnf6tji,ation, . f9.i' .an appolntment,,P,1,~,:j se call,(~?2)_249:4600. Cttyof Orono By: Planning Commission Michael P. qaffron, Planning Director PostE!d at: Orono City Offices Crystal Bay Post Office long Lake Post Office Navarre Po st Office,. .. (Published in The Laker and The Pio neer news papers, September 3, 2005.) AffiQaVit of Publication State of Minnesota, County of Hennepin. Eric Serrano , being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER, Mound, Minnesota , and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02 , 331 A.07, and other applicable laws , as amended . B.) The printed Notice-Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 3rd day of September 2005, and was thereafter printed and published every Saturday, to and including Saturday, the 3rd day of September 2005; ~ Authorized Agent Suscribed and sworn to me on this 3rd day of September 2005. By:~~ Notary Public • SUSAN A. FLOHRS NOTARY PUBLIC-MINNESOTA I.rt COMMISSION EXPIRES 01-(lf ,2010 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15 .50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono , Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#05-3142, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of August, 2005. ~U----- Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, August 15, 2005, beginnirig at 6:00 p.m. on the matter ofreviewing the following land use applications: 1. 2. 3. 4. 5. 6. 7. 8. #04-3068 #05-3134 #05-3135 #05-3136 #05-3139 #05-3140 #05-3141 #05 -3Izi2 Ian Petersen, 2690 Fox Street, RR -1 B zoning district, requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres is normally required. David Park ofDurabilt on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane, LR -lB zoning district, requests hardcover variances for 14.2% hardcover within the O -75' zone where 0% is normally allowed and within the 75' -250' zone for 61.7% hardcover where 25% is normally allowed and 61.7% currently exists in order to construct an attached 16' x 17' garage. Allen & Deanna Munson, 3165 North Shore Drive, LR -lB zoning district, request a conditional use permit to allow fill in excess of 500 cu. yards and an average lakeshore setback variance to construct a new single family residence at the same setback as the existing home. Troy R. Broitzman, 1860 Shoreline Drive, LR-lA zoning district, requests an average lakeshore setback variance in order to construct a new single family residence. Hill School of Minnesota, Inc, 2180 North Shore Drive, RR -lB zoning district, requests side yard and side street setback variances in order construct an addition for office space, and a conditional use permit amendment to expand the school, and allow a temporary trailer on the property for use during construction. Andrew & Kristen Ronn in gen, 3030 Casco Point Road, LR-1 C zoning district, request an average lakeshore setback variance and a street yard setback variance to permit a setback of20' from Maple Avenue when 30' is normally required and 20' currently exists for construction of a new 12/12 pitch roof where a 4/12 pitch currently exists and to incorporate living space above the existing attached garage and also a street yard setback variance to permit a setback of 15' from Maple Avenue when 30' is normally required and 20' currently exists to allow construction of a covered entry over the existing stoop. Jeffrey & Ethel Gustafson, 4203 North Shore Drive, LR-lB zoning district, request a lot width variance for a lot 79' in width at the shoreline and 106' in width at the 75' setback where 140' in width is normally required to allow construction of a new single family home. Christopher & Emily Chapman, 3775 Bayside Road, LR-lA zoning district, request a street yard setback variance to permit construction of a shed 28' from Bayside Road where 50' is normally required and the existing home is setback 21 .8' and a hardcover variatice whereby the proposed removals of non-structural hardcover for the addition of structural hardcover would result in a slight net 9. #05-3143 10. #05-3144 11. #05-3145 decrease in hardcover within 0-250' of Lake Minnetonka. Daniel Hessburg ofHessburg Development Inc., 774 Tonkawa Road, LR-1B zoning cl istrict, requests lot area and lot width variances to perm it construction of a new residence on an existing lot 0.36 acres in area when 1.0 acres is normally required and a width of 75' at the shoreline and 61.5' at the 75' setback when 140' is normally required and a hardcover variance for the 75'-250' zone to permit 29.8% hardcover where 25% is normally allowed and to permit 39.4% hardcover within the 250'-500' zone where 30% is normally allowed. Berkshire Properties, 2745 Kelley Parkway, B-6 PUD zoning district, requests a one-year extension of the effective period of commercial site plan approval originally granted on June 14, 2004 permitting construction of a 2 story office building and associated site improvements. ICO Landscape LLC. on behalf of Robert & Vicky Nelson, 679 Minnetonka Highlands Lane, LR-1B zoning district, requests a conditional use permit to allow replacement of retaining walls existing within 75'of the OHWL of Lake Minnetonka. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by August 10, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono ~:;;;~2 Michael P. Gaffron, Planning Director To be published in the Laker and Pioneer on July 30, 2005. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 7/21/2005 38 0511723210005 PROP ADDR 3780 BAYSIDE RD OWNER NAME C L & R J WICKLUND TAXPAYER CRAIG L & RENEE J WICKLUND NAME/ADDR 3780 BAYSIDE RD LONG LAKE MN 55356 38 0511723230035 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME MARK L & KARENA S CASEY TAXPAYER MARK L & KARENA S CASEY NAME/ADDR 255 LANDMARK DR LONG LAKE MN 55356 38 0511723240082 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR HENNEPIN FORFEITED LAND 164-C/NC DNR RESTRICT SALE 38 0511723240112 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR HENNEPIN FORFEITED LAND DNRISSUE UNDER STUBB'S BAY-LAKE MTKA 38 0511723240119 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME GARY K VALERIUS TAXPAYER GARYK VALERIUS NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0511723210022 PROP ADDR 3760 BAYSIDE RD OWNER NAME SJ MURRAY & AB MURRAY TAXPAYER STEVEN J & ALYSON B MURRAY NAME/ADDR 3760 BAYSIDE RD LONG LAKE MN 55356 38 0511723230036 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME LANDMARK DR HOMEOWNERS ASSOC TAXPAYER LANDMARK DR HOMEOWNERS ASSOC NAME/ADDR C/O LEE C HARREN 175 LANDMARK DR LONG LAKE MN 55356 38 0511723240105 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR CITY OF ORONO POBOX66 CRYSTALBAYMN 55323 38 0511723240115 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR CITY OF ORONO POBOX66 CRYSTALBAYMN 55323 38 0511723240120 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER NAME/ADDR CITY OF ORONO PO BOX 66 LOND LAKE MN 55356 ~~ st~·p ~ ~~~q~ ~ 43 lll!l'lli,, lil.•i·. I),. ~ ~:- 1 ·,2 It~'!:'~~ .. ~ 38 0511723210023 PROP ADDR 3750 BAYSIDE RD OWNER NAME GARY K VALERIUS TAXPAYER GARYKVALERIUS NAME/ADDR 3750 BAYSIDE RD LONG LAKE MN 55356 38 0511723230037 PROP ADDR 255 LANDMARK DR OWNER NAME MARK L & KARENA S CASEY TAXPAYER MARK L & KARENA S CASEY NAME/ADDR 255 LANDMARK DR LONG LAKE MN 55356 38 0511723240111 PROP ADDR 3775 BAYSIDE RD OWNER NAME CW CHAPMAN & E P CHAPMAN TAXPAYER CHRISTOPHER & EMILY CHAPMAN NAME/ADDR 3775 BAYSIDE RD LONG LAKE MN 55356 38 0511723240116 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER NAME/ADDR CITY OF ORONO PO BOX66 CRYSTALBAYMN 55323 38 0511723240121 PROP ADDR 3770 BAYSIDE RD OWNER NAME WINFIELD R STEPHENS III TAXPAYER NAME/ADDR A . _, 1$ t~:~:t WINFIELD R STEPHENS III 3770 BAYSIDE RD LONG LAKE MN 55356 PAGE: I RUN DATE: 7/21/2005 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNbl'IN COUNlY TAXPAYER Sjf f DEPARTMENT,.W TI;!S BEST OF MY KNOWLEOOE AND BELIEF. / r11· fr.. C:: DATE/~ L-Ll---'BY PAGE: 2 Eric Serrano, being duly sworn on oath, says that 8.) The printed Review Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published orice each week for one successive week(s). It was first published Saturday the 30th day of July 2005, . and was thereafter printed and published every Saturday, to and including Saturday, '\ Authorized Agent Suscribed and sworn to me on this 30th day of July 2005. By:&~~~ Notary Public SUSAN A. FLOHRS ffl>TARV PUBUC-M!NNESOTA lff CCMMISSION EXi'm!SOl~-2010 Rate Inform ation (1) Lowest classified rate paid by comme rc ial users for comparable space : $15 .50 per inch . (2) Maximum rate allowed by law for above matter: $15 .50 . (3) Rate actually charged for above matter: $7.96 per inch . Each additional successive week: $5.79. LEGAL NOTICE CITY OF ·oRONO 2750 Ke lley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952).249 -460 0. Fax (_952) 249-4616 NOTIC E OF PUBLIC HEARING The P1annfng Commission will hold public hearings In Iha Orono Council Chambers at 2780 Kelley Pa rkway on Monday, Augusl 15, 2005, beginning al 6:00 p,m, on the matter of reviewing Iha fo11owlng la nd use appllca_lions: · -#04-3 068: ,Ian Paterse~.,2690 Fox . . Street , RR -18 zoni ng dist rict , requests· a lot area variance In order to bulld a new residence oh an existing lot 1.255 acres in ·size when 2.0 acres Is normally required, -#05-3134 : David Park ol Durablll on behalf of Richard & Patricia Crosby, 2705 Walters Port Lane , LR -18 zoning dis- trict, requests hardcover variances for 14.2% hardcover within the O -76' zone where 0% ls normally allowed and ,within the 75' -250' zone for 61.7% hardcover where 25% Is normally 'allowed and 61 .7% currently ex ists in order to con• stiuct an attached 16' x 17' garage. ' -#05·3135: Allan & Deanna Munson, 3165 North Shore Drive , LR -1 B zoning district, request a condillonal use perm it to allow ,flll in excess of 500 cu, yards ·and an ·aver2ge lakeshore ·Setback varianCS·to~' construct a new slngl8 family residence at the sam_e setback as the exlstlng home . , -#05 -31-36: Troy A. B,oltzman, 1860 Shoreline Drive , LR -. 1 A. zon ing distr ict, requests an average . lak8sh0re Setback variance In order to construct a·new slngle family residence. · ance fo r a lot 79' In width at the shoreline , and 1061 In Width at the 75 ' setback where ·140• In widlh 'IS normall y requlred·to allow co11struotlc;m :of e.new1slog.le famlly-:horile . ., i-------',,~ I~. ~#0 5-3142:_ Ch ris topher '& ,Em ily Ch~pm an, 3775 Bayside Rcia~;'.l:R'_,:i 1AJ zonlng ·distrlo l 1'requestJa stree~':yarcl ,set-f .b·ack varlanc.e to,.per!l'l~..,cor:isJrU£Jlon .ol _a, -#05 -3139 : HUI School of Minnesota, shed 28 ' from Bayslde ·Road where 50' ls1 . Inc, 21 BO North Shore Otlve, RR -18 normally required and the existing home' zoning district, requests side yard and · Is setback 21.8' and a hardcover variance ' side street setback variances in order whereby the proposed removals .ol non~( construct an addillcin !or office space, and .st ructural~.hardcover . ror .lb~ addltloo .... ofi a condlllonal. use permit amendment to structural hardcover wo uld result In a expand the school :·and allow a temporary · sllght net deorease .. lrl"hardcov8r wfthl n~o;;- traller on the property for use during con• .250' ol LakaJv1_1n~elon~a . ; . · strucUOfl .. , ,· ,1, : : ~~:. ··;.? if~'Jl, ,· ··; ·~.;\.L 1 ~ :-1 . '~ •••• •· "-4 ·'·"-.l'Y-'#oS!31~'3i 1i:-oan1er•'{~esstUrg off .·~ , 1 _!#0.~·~1~0 : }\~drew & Kristen Hessburg q~v,elopme n(lnc.; 774_Tonkawa'. ROnnlngen , 3030 Casco,-Polnt Aoad ,.LR -•. Boad :J:8•-.,,1 B zoglng ,dlstrictt.r~q4.est_s lotJ 1 C zoning district, request an average area and lot ~ld!h varianc es ' to perm it lekeshore setback va riance and a. streel . construction .. of:;_a!J new .re~ldence on ,ian.· story olflce buildlng and associated site Improvements . · -#05-3145 : ICO Landscape LLC . on behalf_ of ,Robert & Vicky Nelsqn, 679 Mlooelonka Highland s Lane, LA -18 zonihg district, requests a condltional use permit to Elllow-rEl placement of reta ining walls existing, within 75'of Iha OHWL of La ke :'~lnf')etonka. • ·,' Ali p1i'rsons · wish ing lo be heard are encouraged to 'atlend this meetlng i, Th is Is · not a· ·fi nal , age nd a and Is subject to change prior to the hearing . Written com~ ments are accepted and shou ld be sub · mlttad to the City of Orono by Augus t 10, 2005 Wposs lble . Plans are available for review In the City OHlces and all Interest• ad "persons are encouraged to contact the City for fu rthe r Information , For an appointment, please call (952) 249 -4600 . yard setback variance to permlt a setback existing lot 0.36 acres In area when 1.0 City of Oroho. of 20 ' from ~aple AvBnue when 30 ' is nor-acres Is norrnally-,re,qu lred .. an d a wldlh,of ,By ~ Plan11lng Commission mally requ ired and 20 ' currently exists for . 75 ' a~ the shoreli ne and 8-1.5'· at lh e.:..75'·. . . , •· • ' • . construction of a new. 12/12 pitch roo f setback wheri · 140' 'is normanY l'equlfEld ' "'Mlcha'81 P. Ga:nron , where a 4/12.pltch currently exists and to and,a hardcover .Variance for the •7.6'·260'.:i' P(annln g,Olrector .. Incorporate llvlng space ' above the ex/st-........ ~z oh8 ",10 .~P8rm'lt .29 .8% tiafddove ~ '~he ra~-?-·=•,,•;i,~-.,-~ .. ~-.-,,~ ·~·,;,.,:,,, ~-: ~ne~:~~tc~:~i:~=g~ a~2~~o aa ::1~~tcka~~ ~~~!ols ~:;:o~~~; ~~~~~ ~: ~i!~~~ci!,~ \ t :!1ti·-~~~~~~~.g::~~fflces 15' from Maple Avenue when 30' Is nor-zo n~ where 30%-1s normally allowed, .. ~•,;~·,.:-1,~:LopQ Lake. Pp~t Ottlce mall y requi red and 20 ' currently exists to . · ·•~r · ·. Navarre 'Pqs t_Off!c e allow construcllon of a covered entrv. over • #05 -31 44 : Berkshire PropetUes, ~·-' the existing sloop . 2745 Kelley Parkway, B :;,0 6,F,U,D. _zg_ql~!i ..... ""'w~ .. b!i!~ed ,In ,The Laker and The Pioneer district, requests a one-year'exten'sjon oft•··•ne:~.sp~pers JuJY ·.3.9,:.20Q5)i,.x=; .. '': . • #05-3141: Jeffrey & Ethe l th.1~: effecUve pe riod of ,corrtmer,~lal~slt~\.,.;'1,;.:I"'.'.:·~\\•·,.•' ~:•~1w;i-i,-,,:,;~j' Gustafson, 4203 North Shore Dri ve, LA -plan approval orlgln elly ·g~ante.d-10·0. '.Ju ne;~d1;~J~1\h~;~+.;;,~ J' l,~\-.1otJZ~.[~i·: .. ,,. ._. 18 zoning district, reques t a lot width varl•, 14: 20 04.;per~lttlqg·-cpnstruc.·tlQI) ofi;.;_a 2 ·~: ~.., ,. 1 .... ·-·h-~t .'11 "• 1"-~M-·! · ~•:;, ·· " ~w . .1;\,;1i;;,ii:1 · f ,1.,\,j'•·'I ', .'i/Mf., Affidavit of Publication State of Minnesota, County of Hennepin. Eric Serrano, being duly sworn on oath , says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIONEER , Mound, Minnesota , and has full knowledge of the facts which are stated below : A .) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A .02, 331 A.07, and other applicable laws, as amended. 8 .) The printed Review Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 30th day of July 2005, and was thereafter printed and published every Saturday, to and including Saturday, '\ / Authorized Agent Suscribed and sworn to me on this 30th day of July 2005 . ~A) By: ~ .~ Notary Public • SUSAN A. FLOHRS NOTARY PUBLIC-MINN ESOTA tn COMMISSION EXPIRES 01-31-2010 Rate In formation (1) Lowest classified rate paid by commercia l users for comparable space: $15.50 per Inch . (2) Maxi mum rate allowed by law for above matter: $15.50 . (3) Rate actuall y charged for above matter: $7.96 per inch . Each additional successive we ek : $5 . 79 . N 0 30 60 SCALE IN FEET = EXISTING SPOT ELEV A TION. X(998.0) = PROPOSED SPOT ELEVATION _..?· ··· ... = DIRECTION SURF ACE DRAINAGE :,,: w 0 (!) 0 <{ OJ a. 0 z 1- () w -, 0 Cl:'. a. ~ 0 0 N II :r✓, SVOBODA · f. "Ecological Resources National Wetland Inventory Overlaid on 2002 Aerial Photo 0 300 Feet w4 , s 3775 Bayside R, \I :r' SVOBODA ' . · ·Ecological Resources Approxiamte Property Boundary Overlaid on 2002 Aerial Photo 0 300 Feet N w4 , s 3775 Bayside R, \I· ' 1f?,~SVOBODA /r{t Ecological Resources Hennepin County Soil Survey Overlaid on 2002 Aerial Photo 0 300 Feet w~» s 3775 Bayside R, CITY of ORONO July 27, 2005 Christopher & Emily Chapman 3 77 5 Bayside Road Orono, MN 55356 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #05-3142 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your application for variances for property located at 3775 Bayside Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Monday, August 15, 2005. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono J)Jiiu. . Ovt0/;'Mtt.0!'---- 1 anice Gundlach City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orrnmo.mn.us DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First :3T75 Address o~o City Middle 807-?~ l<-/)L----"" I understand my rights as stated above. Signature '---}~ State Cf 52---Lf-71 -D1Jb Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. · Subd. 2. Information required to be given individual. An individual 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, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be 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 thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. TRACKING SHEET FILE NO. 05-3142 Staff: Jf:<i~ l { f SITE ADDRESS: 3775 Bayside Rd. Applicant: Christopher & Emily Chapman Owner: Christopher & Emily Chapman Address: 3775 Bayside Rd. Address: 3775 Bayside Rd. Long Lake, MN 55356 Long Lake, MN 55356 ~ Meeting with Staff I "t:i Application Completed I ,,, \ \ -<)ifl"i Date: i I LAJ \ I, /! ! If A C"c,, Date: I : L,c} , , 60 □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD Property Owners Notified: Date: 10)11®) ~,s \D) l I 05 5q Legal Notice Published Date: J PC Meeting(s): _ ___._\D=--\~\ 1'--1----'\ 0=6 ___ Vote:Dl.N Y I I 4--\ Vote: ------------------- Vote: ------------------- ~ Notice of PC Action: _ __,_lD--+-\-"-t9--+-I o_:) ____________ _ City Council Meeting(s ): _I'-'-\ +-'I 1-----'4'--!-'l o~s"-----------Vote: Pr? P (L,, OJ) R.fGUtSfl? \ \ \ t'b\oc; Vote: f✓F?, ~5, ( Vote: ------------, _____ _ □ Resolution: