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HomeMy WebLinkAboutProject Packet>>,,2y CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) L'1''Y of' irf After -the -Fact Fees (Double application fee) {�.ir).' . `t WF LE -- 1 � 16 PROPERTY LOCATION QQQQ I kt Mh YOU Site Address Property Identification Number ( P. I . D.) _ 1 )S_ // 7 _ ` 2- Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone (home) 2_) Name Phone (work) Address: ;i" �1� f>�iJ?ii. ��City: �c"'� .�. Zip: --------------------- ONNER (if different than applicant) Phone (home) Name Phone (work) Address: Date Property Acquir'd City: _Zip: (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OP PROPERTT Present Zoninq District Present Use of Property Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQMT Estimated Construction it $ Describe request in detail:- c >. , c -,.: VARIAMCBS RMQOIRED _L Lot Area Lot Width __ Hardcover Setback Variances ( Front Side Rear) Other WtDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: _ , - 1 /: --------------------------------------------------------------------------- MUIRED SUMTTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. -Vo 5 ti 6. Sketches or plans of floor and elevation views. 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. YOU ARK RNUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (110 1170 OR SMALLM) FOR ALL DOCUMENTS SUBMITTED. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that roar verifiage amlicstion is not late if the above ,Information bas not ac . - ------------------------------------------------------------- Certification by Clerical Department that variance Application is complete. Initialed by Clerical Staff: Date --------------------------------------------------------------------------- APPLICANT'S SIGNATURK The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature Date OILERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this regiest. Owner's Signature c Date --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. q DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal ajencies to the extent necessary to process the permit or license. 4. If your requested permit or license regires council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process this applic4tion or permit. r l�f A e .t � Jle First Middle Last Add ,ress _ Date o/ birth(does not apply to building/general permits) i / A, � _1 Phone I understand my rights as stated above. X - 1gnature 513.04 R]GBTS OF SUBJEC 75 OF DATA Subdivision L Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 3. information required to be giver 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 S, to a law enforcement officer. The commissioner of revenue may place the notice reeuired under this subdivision in the indivicual income tax or orooerty tax refund uutruciions instead o on those f orms. 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 6e 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 th* 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 comoly 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 aem"te 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 disagreemenL 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 pis.-suani to the provisions of :he administrative procedure act relating to contested cases. V oTV of Of>toAtp . NOTCE The igarlrta Public in the � �n� 112?5 Swift �w 1" Hose on ��r• May 11, 1IN � ,No 1 and OOAAM ftordl, of . hnaa Aaahr+a deft a hrdcavet vr• Oeaad _11y 75.25o aatbaot, antes for a pro. rre� NO �ft Mrtln M 2675 shady. ae"a aop►ovel 01 • aince for a e►000aad a00hort to the 9 wl, 0 J No 1524 Thntfy Pry.k� has bd a00 � a ';Wd� ues OMrMt fcr s Prgwhool pro- udents North Church 2M 5 f ith Avenue 4 No 1525 ifM h" and Joan Wroetwaf a Ww thhe75 250 aLOW �etbWA hardcover Pa�add• dNiOn to an li"W Q amry Porch al ma M'etf Oft Of the e �,r "a, Orval CO a lot area vrm nce tp ti r�eaty WMW of 2555 foa skeet lifer ' Sa Jolvt 8 Th"" of 3945 may, make40efoval of hardovar and set back variances for a detached gal to be locateset tr "the street yard of hrs lakeshwe oraps % No 15Jp Jack and Severfy CMundholar o Set Nrfft ostream Road ,, a h0Vht t� 1- Miry -- rnon-Nnls to the j ��. a No 1534 Moaand t of 3135 arC�ofceCla seeks setback and hepht vMi S'k ft for encalO to be used as an outdoor do'C �* by str9011 �Mdto the detached 9arAge a1 m Persons "ts" to be heard will appear ahfa The maetaq starts al 7 00 D m Cfls" !M cried Ptans are avav able wr re mofnfant O}1rLeS by se Crty of Orono 1111y I'-r-N co""I'm"n UA Affabusth SuMu..1Q6 Zonv>C,drr�s 'Pubnshed m The Latter and PrOneer Ma. Ow Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A,02, 331 A.07, and other applicable laws, as amended. B.) The printed tl 'L/. 1 ,Z :l� i � r i which is attached was cut from the columns of said newspaper, and was printed and published once each week for successive weeks it was first published Monday. Q the day of _J� `0-'-1 19'c: and was thereafter printed and published every Monday, to and Including Monday, the day of 19—, Authorized Agent Ev(BMARIETIA A STPAUS GARJEF COUNT`rr,A.. bav:wEl > r so Subscribed and sworn to me on this day of�% By - Notary Public Rate InlornmAien 11 Lowest ciassified rate paid by cOmmefcIal users for Ct MPWa- ble space 99 80 per Inch 121 Mai nuim rate avowed hY law fry above matter SO e0 per Inch 131 Rate actually "w9ed '0' above fnattef SS :0 per fe'& Each addrttona! successtve week S3 38 tsar Inch CITY OF ORM - XMICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, May 21, 1990 to review the following land use applications: 1. #1522 James and JoAnn Nordlie of 2505 Dunwoody Avenue seek a hardcover variance within the 75-250' setback area for a proposed entry addition. 2. #1523 Rolla Martin of 2675 Shadywood Road seeks approve of a hardcover variance for a proposed addition to the existing residence. 3. #1524 Trinity Pre-school has applied for a conditional use permit for a preschool program for 30 students to be held at Trinity Lutheran Church located at 2060 Sixth Avenue North. 4. #1525 William and Joan Wroblewski of 630 Park Lane seek a hardcover variance within the 75-250' setback area for a paved addition to an existing entry porch at the west side of the existing residence. 5. #1527 Lyndon S. Bill Stubbs seeks approval of a lot area variance for a rural property located at 2555 Fox Street. 6. #1529 John B. Thiesse of 3845 Bayside Road seeks approval of hardcover and setback variances for a detached garage to be located within the street yard of his lakeshore property. 7. #1530 Jack and Beverly Grundhofer of 581 North Stream Road seek a height variance for entrance monuments to their residential property. 8. #1534 Rolland Amundson of 3135 Casco Circle seeks setback and height variances for fencing to be used as an outdoor dog run located adjacent to the detached garage within his street yard. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 PM. Written comments are solicited. Plans are available for review in the City offices by appointment. City of Orono By: Planning Commission J"nne A. Mabusth, Building T Zoning Administrator To be published the week of May 7, 1990. CIMTIFICAT! OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Jamie Bosma, of the City o: C,(,io, Hennepin County, Minnesota, do hereby certify tt.at a Notice of Public Hearing concerning the matter of #1529, was mailed to the attached list of property owners . In Witness whereof, I have hereunto set. my hand and seal this 8th day of May, 1990. Jam sma To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Press Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: May 15, 1990 Subjects #1529 John Thiesse, 3845 Bayside Road - Variance - Public Hearing Zoning District - LR-IA, Single family lakeshore residential, 2 acre, unsewered Application - Request for side setback, street setback, and hardcover variance for construction of an attached 2-car garage. List of 2zhibits Exhibit A - Application Exhibit B - Letter of Request Exhih C - Letter from Adjacent Property Owner Exhibit D - Plat Map Exhibit F - Property Owners List Exhibit F - Survey i Existing Site Plan Exhibit G - Proposed Site Plan Exhibit H - 1989 Air Photo Exhibit I - Hardcover Calculations Exhibit J - Staff Review of Alternatives Pertinent pacts - 1. This house was constructed in 1958, prior to the current zoning standards. The property has never contained a garage. The lot is about 8,000 s.f. in total area (0.18 acre). 2. After consultation with staff, applicant has proposed an attached 201x24' garage, located so as to take maximum advantage of the extremely limited lot area available. Setbacks are as follows: South Side Lot Line West (Road) Lot Line Traveled Pavement North Site Lot Line 3. Hardcover is as follows: Exi�i _ 0-75' ?.one 75-250' Zone 1,951 s.f. (441) Proposed Setback Required 9.3' 30, 6.7' SO' 28'-36' - 2430' ProC % Allowed ry- 2,230 s.f. 1,107 s.f. (50.40) (25%) Zoning File /1.529 May 15, 1990 Page 2 of 3 4. The proposed garage leaves an average driveway depth from the paved portion of Bayside Road, of 34', ample depth to park 2 cars side -by -side without affecting traffic. Note that any functional backup apron would likely he mostly in the County right-of-way. The County Highway Department in the past has indicated they would prefer that extremely wide, undefined driveway entrances such as or. applicant's property and the neighboring Peterson property, be reduced in width. The applicant's 20' width driveway will reduce by almost half the existing access width. Staff would recommend that the applicant check with Hennepin County as to whether they have other specific conditions. Certainly, the County would have to a,nprove a backup apron within their right-of-way. On the "proposed" drawing, staff has sketched an expanded parking area should Planning Commission wish to consider allowing for additional parking within the property boundaries. S. The proposed garage maintains more than 20' to the neighboring residence structure to the south. 6. It appears that ? of the 3 large pine trees in the front yard probably wi 1 1 have to he removed in order to accommodate this garage. A decreased south side lot line setback might al low for a second pine tree to be saved. Discussion - This lot is extremely limited, although the existing house and deck are outside the 75' lakeshore protected area. The remainder of the property is so small that the hardcover allotment is eaten up merely by the house and deck, before side- walks, driveway and garage are considered. The neighboring property owner to the south, who is most affected, has indicated approval of the proposal. Staff would note that this neighbor's detached garage is approximately as close to the traveled roadway as applicant's attached garage will be. Applicant's residence has entry doors en either side, and it would seem that the northerly door may have much less use than the southerly door. Applicant should indicate what sidewalks if any could t;e reduced or eliminated, and should indicate where doorways are intended for this garage. Will there he direct access to the house from inside the garage, and wi 1 1 there he 2 outside access doors? Zoning File #1529 May 15, 1990 Page 3 of 3 Staff has sketched some alternate configurations, including a side -loading attached garage with doors facing north. Such a plan would require removal of all the pine trees while making that garage much harder to enter and exit. Staff sees no benefit in such a plan. A similar layout but with southerly facing doors, would similarly wipe out all the trees, could not be as large, and would have poor accessibility. Staff feels that the only way a side -loading attached garage might be feasible on this lot is if it had north facing doors and was allowed to be within 5' of the south side lot line. Given the adequate sight distance at this location, and the lack of ability to create a backup apron with any of the potential alternate configurations, it would seem that applicant's proposal may be the best solution. Staff Reco■■erAation Planning Commission should review the proposal in the context of its impact on the neighborhood, and the impact of the increased hardcover and minimal side and street setbacks. The applicant has noted past problems with security of `is vehicles, and construction of a garage should help to eliminate break-ins. Planning Commission's options would be as follows: 1. Recommend approval as proposed, granting variances for street setback, side setbacks, and hardcover. 2. Recommend conditional approval, subject to specified conditions. 3. Ask for a revised proposal, indicate criterir for applicant to meet. 4. Recommend denial. 5. Other. May 10, 199f1 CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 RE: LAND USE APPLICATION NO. 1529 Dear City Planners: Because I believe it very necessary that my property have a garage, and because there are quite a number of extenuating circumstances, I am compelled to write you a brief history of my pursuit of this variance and why I believe it should be granted. My wife, Sherri, and 1 purchased 3845 Bayside Road in June of 1988. It was only after much discussion that we Placed lakeshorc ownership above a garage on our list of priorities. After the first winter, the priority list quickly changed. In June of 1989, 1 first approached the city staff about a variance application. The original proposal was for a gara6,c in front of and aligned with the house. During the first discussions, it was suggested that 1 try to purchase some of Outlot A next door and put the garage on the side of the house. 1 talked to the developer, Paul Swanson, and sent letters to the owners of Outlot A that summer. I dot no response from Evan Austin. Lce liarren seemed receptive, but had several conditions to the sale. One of those conditions was that the house on the Austin lot be staked. This lot is now up for resale which makes the conditions impossible to meet. In October, while our car and truck were parked in front of the house, vandals broke into both vehicles. We rep�►rtcd this to the Orono police on Octohcr 13, 1989. We have now lived through a second winter and we have determined that a garabw is a necessity for us. It has also hecome evident that attaching the garage to the side of the house on Ou1kt A would encroach the 75 fool sethack area. After a second discussion with the city staff, have submitted a survey with the proposed garage located in front of the house, but offset to allow for additional parking on the property. I have reduced the size of the garage to minimize hardcover. for that same reason ( have not requested a turn around in the driveway. I have discussed the garage with the most immediate neighbor, Mrs. Peggy Peterson, and she has written a letter of approval. understand your concerns for maintaining the hardcover standard as set forth, but hchcvc that there is substantial hardship that can he demonstrated and that I am not asking for more than is typical on other pro►pertics. Thank you for considering this proposal. Sincerely. John R. 'Micssc I-.nclt►surc Apr i 1 24, 1"7 John Th/esse 3945 says 1 de Rd . Long Lake, W4 93336 Dear John: Thank YOU for rev/ewln4i the Prol'-M od 9arago plans and location with me. We have no Prsllews with the Proposed else or location that wo talked about. Most Wishes, Pe„y Peterson 3M Days 1 do 94. Le049 Lake, IMiI 93336 1 T ( (6) �, •es•"' 's's VII It' \ ♦ L�j � \ � v ( �I t (s) s "0•u•its � �•0 �J' TiJ 5' . . - tR r e is (n) 7 >r 90 1 - i 4 04r4 ` / p•20• ff� 0• , _ ce► qt f� 41 cll�l u s pUl ti N 1 1 w � cc a. CA • 1• t 9'• TO i� �� 7 Y 0] (ti i� pE,P�►� �,0�01 i gAY Si vBIBS Sf* Lofwc)D-5j tfl., t 4 ). S9 'E S RUN DATE 04-24-90 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PACE 1 PROPERTY OWNERS LIST 38 05-117-23 23 0006 38 05-117-23 23 0007 38 05-117-23 23 0008 6 0010 PROP ADDR 3845 BAYSIDE RD 3855 BAYSIDE RD OWNER NAME J B THIESSE 6 S A THIESSE PEGGY PETFRSON D 6 K DIANIS TAXPAYER JOHN B 6 SHERRI A THIESSE PEGGY PETERSON DAVID DIANIS NAME/ADDR 3845 BAYSIDE RD 3855 BAYSIDE RD 17308 HAMPTON CT LONG LAKE MN 55356 LONG LAKE MN 55356 MINNETONKA MN 55345 38 05-117-23 23 0034 S 0035 PROP ADDR OWNER NAME EST OF ANDREW MINER TAXPAYER AUSTIN H S DIANE EVANS NAME/ADDR 520 FAR',, L RD WAYZATP ,.:v 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE tuND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. r UATF +L%A_�11G--BY li.-A S 02 W PLAT ......... 10.± S W 17.16" E 140.73 d� W Cis aF, s SJ,in C �Q I N LLJ Z NI ID'1 5 67* 20.0p" E 332.5• 167.46 7r.T-15' ± Ff`^ , rx,5P,v6 �►` d 30,r2 '44t� I �J N i-1-c_ O 0 O� cn Z o O I NO I �o I ("r, (ri 4+ N U 4904� F S8 ?01 r � ' N c to 20 0. 6 iv CEO O C7 9 3' • � N 0' 23.2' ' 0.0' y c T • c � aN .DECK 1 I N, 330 25 '44., E u; ' 40.51 Fftft�StSL rA 10 �' + ••fit ►fir , I. o 1 4f �j r • � 1 • /'rr � � cry • � � Z - / HAMCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-15'� 75-250' 250-500' 5OC-:GL-.]' EXISTING HARDCOVER IN ZONE B� -------------------------- A. HOUSE _,.-)'-.j x V ' cam, S.F. LENGTH WIDTH x = S.F. _ x S.F. s x _ • x S.F. r B. GARAGE x = S.F. r J"-, �- � �= C. DRIVEWAY x S.F. x = S.F. D. SIDEWALK i'`) x L.F. x = S.F. NOW E. gATIO/ x s.F. ECK x - s.f. F.LANDSCAPE x AREAS UNDERLAIN BY x = S.R. PLASTIC" SHEETING x = S.F. x = S.F. G. OTHER x = S.F. TOTAL HARDCOVER IN ZONE S.F. m TOTAL PROPERTY AREA IN ZONE - '/r �- 1 S.F. 51 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' Q-250' 250-500' 500-1000' PAW&M HARDCOVER IN ZONE -------------------------- A. HOUSE '� X `� _ �'F/� S.F. LENGTH WIDTH B. GARAGE X = S.F. X = S.F. X 0 S.F. X = S. F. X - `C S.F. G C. DRIVEWAY V X - C-' _ �� S.F. X = S.F. D. SIDEWALK "Fc- X ` = 3_�_ S.F. X = $IF. X E. BATIO/,ECK F.LANDSCAPE AREAS UNDERLAIN SY PLASTIC SHEETING X X = S.F. X X - S.F. - S.F. G. OTHER _ X = S.F. TOTAL HARDCOVER IN ZONE - %�`S.F. A ' TOTAL PROPERTY AREA IN ZONE - •���_ S.F. S 590 20' W PLAT S 590 17016" E 140.73' of EXISTING HUU SE U w N � up 1 i 5 67° 2000" E wmsE • 167.46 332.5' 41 1 . } i 100±. r -1 O ' 32.20' O� Q 17 , in ►o O ^D �p ^ co), p. •ram � (v r r O� h , h ^ OL 29.00' Fv4 TitlUSE S 590 20' W PLAT S 59017916" E v140.73' i N � 5 7676 20'00" E W R • �� 2 ......I I i 1 W%rilI' 16 7.46' 332.5'°` .f 490ct i!4 Y04`�_ A �� �� way ', I ��`• '2 0 0 _ �A,eA<►E �' i 3�• 0 car .. � 8 1 N 30.r24 —� — 69 .. I NOZ7 . Oy � NON � \ 23.2' .0.00 3, O 3y O C,= 1 n ^ C) O T ci V o ' 8.2'Ln z is%r - ----- - --- � (IT o CO w N U v 3.3• 25'44.. E 40.5 Appf ovm N AWO\)e,R- P At"Ovwa Revive-4 38 `l r BAWsro o 6004 No HAnxaK*- POOPOsrM- 7S-LSD' so -IF o�- so--- r y'yZ9 a 4 ii�/ST/�+�• Nov S E ? ti/ r 2 y RIG., : l Cs-c- vvRtKt A�•� "'Oft yx30:�� Sx2a�N' i5-250' ZONE - pxceascp k0u<< 3yx ay = a4 �►te 1 o x z y ' yeo _ ►Z x Ls = 33(. s kz a Oj.) �1v Wa`1 Cl`+s\ x 20 2-qO 4DD%T/oN4L : D' kxcess &t*"AK- AZ»g Tim s. 31D! of -mw l>d.ivFwR+/ &C"L.p ALLaw V&yw4x TD LE -TOT-Ayatxw,(N w►Twypj lope*-7'1 NorVl 7NAT - ;IPU fn,o.+u-a AAA- s;. /'F�i�aaGeYl� /N MoP�tlri ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE #1527-STUBBS CONTINUED and the public hearing was closed. Kelley suggested tabling this application to allow time for staff to deter„iine a method to regulate the size of the house on this lot. It was moved by Kelley, seconded by Cohen, to table application #1527. Motion, Ayes-5, Nays-0, Hanson abstained. Motion passed. #1529 JOHN B. THIESSE 3845 BAYSIDE ROAD VARIANCES PUBLIC HEARING 9:32 P.M. TO 9:38 P.M. Mr. Thiesse was present. Gaffron reviewed the information contained in his memo dated Mav 15, 1990 relating to this application. Hanson asked where the septic system is located on this property. Gaffron explained that it is on the lake side of the house, and wnon the lake is high, it is below lake level. Hanson expressed concerns regarding the location and questioned whether he could permit further development of the property. Kelley stated that it may ultimately be necessary for Mr. Thiesse to use a holding tank to serve his septic needs until sewer is available.. Gaffron stated that the area for the proposed garage could not be used .or repairing or replacing the septic system. He noted that the DNR is in the process of revising regulations that will require the City to address the location of the septic system. He said the issue of seweriseptic is separate from this application. Mr. Thiesse presented photographs showing his property and the property adjacent to his. Mr. Thiesse noted that he had talked with Mr. Don Jaques from Hennepin County regarding access onto Bayside Road. Mr. Jaques did not express any concern for Mr. Thiesse's proposal. Mr. Thiesse asked the Planning Commission if they would confider a turn -around area in their motion. He stated that he did not include it in the application because of the existing hardcover. but would like to have it. There were no comments from the p,iblic regarding this matter and the public hearing was closed. - 15 - ORONO PLANNING COMMISSION MEETING HELD MAY 21, 1990 ZONING FILE /1529-THIESSE CONTINUED Johnson asked what purpose Outlot A, located northeast of Mr. Thiesse's property, serves. Gaffron explained that Outlot A provides lake access for two Ba}side Landing lots and that it cannot be developed. Bellows comr.,L2nted that Outlot A gives visual and realistic relief to Mr. Thiesse'S site. She stated that since Outlot A is unbuildable, and that condition runs to the land, it provides a unique condition for approving a variance for Mr. Thiesse. It was moved by Bellows, seconded by Moos, to recommend approval of the side setback, street setback, and hardcover variance for construction of an attached 2-car garage as set forth in the application without a turn -around. Gaffron questioned whether the Planning Commission would approve a turn -around apron in the County right-of-way if the County approves. It was the consensus of the Planning Commission that they would approve a turnaround in the right-of-way. Motion, Ayes-6, Nays-0. Motion passed. 11534 ROLLAND AMUNDSON 3135 CASCO CIRCLE VARIANCE PUBLIC HEARING 9:43 P.M. TO 9:50 P.M. Mr. Amundson was present. The Affidavit of Publication and Certificate of Mailing were duly noted. Gaffron briefly explained Mr. Amundson's proposal, noting that a sketch hal been submit#-ed in lieu of a survey. Mr. Amundson showed the Planning Commission photographs of the area where he is proposing to place :h log kennel. Kelley asked Mr. Amundson to explain the hardship for his variance request. Mr. Amundson replied that he needs to place the kennel closer than 30' to the road. Bellows asked Mr. Amundson whether he had in%estigated the option of using an "invisible fence" which would be an effective and viable alternative. Mr. Amundson stated that the fence will be invisible from the street and will have no impact on the neighbors. He stated that it is important for him to have a dog on the premises because he is away from the property a great deal. - 16 - ZONING FILE NO. 1529 CITY OF ORONO NOTU E OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 5/23/90 ---------------------------------------------------------------------------- TO: John Thiesse COPIES TO: 3845 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: Variance ----------------------------------------------------------- DATE OF MEETING: 5/21/90 VOTE: 6 For 0 Against Planning Cos;ission recodends the following: Approval as submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Tuesday, May 29, 1990; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. To: Mayor Grabek and Orono Council Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: May 24, 1990 Subject: #1529 John Thiesse, 3845 Bayside Road - Variance - Resolution Zoning District - LR-IA, Single family lakeshore residential, 2 acre, unsewered Application - Request for ,ide setback, street setback, and hardcover variance for construction of an attached 2-car garage. List of Exhibits Exhibit A - Notice of Planning Commission Action 5/23/90 Exhibit B - Proposed Resolution Exhibit C - Applicant's Letter of Clarification & Sketches 5/24/90 Exhibit D - Memo and Exhibits of 4/15/90 Discussion - The applicant is proposing to construct an attached 2-car garage on this very small lot on Stubb's Bay. Please review the memo and exhibits of May 15th. Briefly, applicant is requesting a hardcover increase in the 75-250' zone from 44% to 50.4%, and setback variances to be within 6.7' of the right-of-way of Bayside Road, 9.3' from the south lot line, and 24' from the north side lot line. 7n this zoning district, the normally required street setback would be 50', and side setbacks would be W . Planning Commission Recommendation Planning Commission reviewed this application at their May 21st meeting end unanimously approval of the variances as proposed by the applicant based on the following findings: 1. This is the only feasible location for a garage or the property. 2. Hennepin County has given the applicant a verbal approval of the driveway layout proposed. 3. The proposed garage and driveway location wi 1 1 leave adequate room for parking vehicles off the traveled roadway. 4. Other possible garage configurations would require additional variances but provide less functional access to the garage. Zoning File #1529 May 24, 1990 Page 2 of 2 5. Because the adjacent property to the northeast is an outlot required to be maintained for lake access purposes for properties within the plat of Bayside Landing, this area which the applicant currently maintains appears visually a part of applicant's yard area and reduces the impact of the additional structure of visual density in the neighborhood. 6. There is no excess hardcover on the property which can be feasibly removed to reduce the hardcover percentage on the property. There is no hardcover in the 0-75' zone. The extremely small size of the lot (approximately 8,000 square feet) and the fact that there is no additional land available to be purchased, are hardships to the property which help justify granting of the variances. In his letter of May 24th, applicant is noting he would like to install 8/12 pitch roof storage trusses rather than the 5/12 trusses used on the existing house. The Planning Commission did not specify a maximum height for the garage, and this is not necessarily an issue since the garage is attached, and therefore becomes a part of the house. No height variance is necessary. The peak height ends up being 3' above the existing roof of the house. Does the Council have any concerns regarding the proposed 2' overhangs? The drip line will be well within the property boundaries. Staff Roca mendation - Staff recommends approval per the Planning Commission rec mmendation, with the 8/12 truss design. A resolution for approval is attached. Note that the Planning Commission discussed the issue of sewering this property. They noted that the septic system is in the lakeshore yard and at or below normal lake level, hence this property definitely needs municipal sewer or eventually it will be forced to go to a ho" ing tank situation. However, Planning Commission agreed wit gaff that the sewer is a separate issue and the proposed garage does not increase the living space nor increase the potential use of the septic system. May 24, 1990 CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 RE: LAND USE APPLICATION NO. 1529 Dear City Planners: As stated in my letter of May 10, 1990, the size of the proposed garage was reduced to minimize hard cover. In application for variance, only the footprint of the proposed garage was submitted. No plans or elevations were included. The existing house has a roof pitch of about 5/12. I would request that the garage roof have a pitch of 8/12. This would make the peak of the garage about three feet higher than the house peak. My reasons for this are: 1. 8/12 roof trusses are standard stock trusses. At the place I called, I was informed that 5/12 trusses are not. 2. I minimized the square foot area of the garage because of my hard cover condition. This makes for less storage space in the garage. A 5/12 pitched roof does not allow for much storage, and the low roof profile makes access to the attic difficult. I request that you consider my proposal for a garage with an 8/12 pitched roof. I apologize for any confusion or inconvenience caused by this request. Sincerely, --� 7 fohn B. Thicsse e4lw ExrsTirl ,1/i� _-ETL ."I _-s.-L. Site- Zf" ,47-10 (/ jei /S29 s-ad-90 _ /.EcbyT �EYATi�JW_ ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE #1522-NORDLIE CONTINUED hardcover be reduced to 36.09% as proposed by IMr. Roelofs. Callahan believed that it is possible for Nordlies to meet the 35%. He stated that slippery conditions only exist for short periods of time and portions of the sidewalk could be removed if it is necessar} to retain more driveway area. Councilmember Goetten concurred with Callahan. Motion, Ayes-2, Goetten, Peterson, Callahan, Nay. Motion failed. It %vas moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2810 as presented, requiring that hardcover he reduced to 35%. Mr. Roelhofs asked what options are available to his clients. Gaffron explained that the applicants could ask to have the matter tabled. He noted that hardcover could be removed from any location on the property as long as 35% is achieved. Mrs. Nordlie noted that they are only adding 100 s.f. of structure. ?lotion, Ayes- 5, Nays-0. Motion passed. #1525 WILLIAM WROBLEWSKI 630 PARK LANE VARIANCE RESOLUTION #2811 Mr. and rlrs. Wroblewski were present. Bernhardson briefly reviewed the applicants' request. Gaffron added that the applicants will be required to apply for varianc;Q approval should they decide to enclose the slab in any way in the r;ture. Mr. Wroblewski c;,)mmented that adding any further structure to the porch would detract from the design of the existing house. It was moved by Callahan, >-econded by Peterson, to adopt Resolution #2811, granting the hardc�.,vpr variance for an addition to an existing concrete slab. Motion, Ayes-5, Nays-0. r:otion passed. #1529 JOHN THIESSE 3845 BAYSIDE ROAD VARIANCE RESOLUTION #2812 tir. Thiesse was present for the review of this matter. Bernhardson reviewed the pertinent facts involved with this application (see Michael Gaffron's memo dated May 24, 1990). Gaffron stated that the Planning Commission voted against enlarging the driveway area to provide a turn-around/parking area. He said that the Planning Commission had considered other options that may provide a more safe access. However, the ORONO REGULAR COUNCIL MEETING HELD MAY 29, 1990 ZONING FILE 11529-TIIIESSE CONTINUED options available offered nothing more than the applice.nt's proposal. Gaffron noted that the pitch on the roof of the attacked garage will be approximr,tely, 3' higher than the house. It was moved by Mayor Grabek, seconded by Councilmember Nettles. to adopt Resolution #2812, granting side setback, street setback and rnardcover variances to construct a 2-car garage. Plotion, Ayes-5, Nays-C. Motion passed. EARL FREEMAN 4545 WATERTOWN ROAD Bernhardson had asked gnat this matter be :added to the agenda. Mr. Freeman resiaes in Chicago and was able to attand this mee�ing to gis_-uss :he status of his property. Bernhardson informed council t,iat the hazardous structure had been removed 1L.:om the property sometime aqo. He stated that a sheetmetal wilding remains on the Droperty and that Mr. Freeman is asking to retain the structure until a principal structure is constructed. Bernhardson noted that concerns had been raised by Planning Commission and Council regarding the condition of the property. Mabusth stated that unlicensed vehicles, garbage and debris cluttered the site. She noted that Council had given Mr. Freeman until June 15, 1990 to clean up the property. Mayor Grabek asked Mr. Freeman if he would have a problem meeting the June 15 ,leadline. Mr. Freeman replied that he was not aware of the need for a variance to maintain the shed. He stated that he received notice of his violation one week after receiving notice that the guest house had been razed. He stated that he does intend to clean up the property and take care of the existing well. He noted that City staff had indicated there were 3 wells, he knew of only one. Mabusth asked Mr. Freeman if he was aware that the items in the shed ,oust also be removed by the June 15 deadline date. Mr. Freeman stated that he would have all items in the shed removed. tlabusth asked that Mr. Freeman provide staff with the names of his local agents. Mayor Grabek asked Mr. Freeman what plans he has for the property. Mr. Freeman stated that he had originally hoped to build a home on the property. however, he was transf-rred to Chicago. He stated that a developer has expressed inLriest in purchasing APPLICATION NO. 1529 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 5/30/90 --------------------------------------------------------------------------- TO: John Thiesse COPIES: 3845 Bayside Road Long Lake, MN 55356 TYPE OF APPLICATION: Variance ------------------------------------------------------------------- DATE OF MEETING: 5/29/90 VOTE: 5 For 0 Against ------------------------------------------------------------------- COUNCIL ACTION - NOTION: To approve per the findings and conditions of the resolution previously mailed to you. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than May 29, 1991. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property gust sign the resolutions. 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. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 281- ORONO A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1529 WHEREAS, John Thiesse (hereinafter "the applicant") i, the owner of the property located at 3845 Bayside Road within the City of Orono (hereinafter "City") and legally described as Follows: Lot 62, Auditors Subdivision 9203, Hennepin ounty, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.23, Subdivision 6 (B) to permi*,: the construction of an attached garage located 24' from the north side lot line, and 9.3' from the south side lct line, where 30' side setbacks are normally required, and located 6.7' from the street lot line where a 50' setback is normally required, and increasing the hardcover in the 75-250' setb •k zone to 50.4%, where only 25% hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED b.- the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 41529. 2. The property is located in the LR-.,A Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission ,viewed this application on May 21, 1990, and recommended _ ?roval of the proposed variance based upon the following findings: a) This is the only feasible location for a garage on the property. Page 1 of City of ORONO RESOLUTION OF THE CITY COUNCIL i () F NO. 2 812 .O b) Hennepin County has given the applicant a verbal approval of the driveway layout proposed. c) The proposed garage and driveway location will leave adequate room for parking vehicles off the traveled roadway. d) Other possible garage configurations would require additional variances but provide less functional access to the garage. e) Because the adjacent property to the northeast is an outlot required to be maintained for lake access purposes for properties within the plat of Bayside Landing, this area which the applicant currently maintains appears visually a part of applicant's yard area and reduces the impact of the additional structure on visual density in the neighborhood. f) There is no excess hardcover on the property which can be feasiblv removed to reduce the hardcover percentage on the property. There is no hardcover in the 0-75' zone. The extremely small size of the lot (approximately 8,000 square feet) and the fact that there is no additional land a- ailable to be purchased, are hardships :o the property which help justify granting of the variances. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; wou:'. not merely serve as a convenience to the applicant, -jut is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 •• r City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2812 _ ORONO CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow 50.4% hardcover in the 75-250' setback zone where only 25% hardcover is normally allowed, and grants variances to Section 10.23, Subdivision 6 (B) to allow construction of the proposed attached garage located 9.3' from the south side line, 24' from the north side lot line, and 6.7' from the street lot line, subject to the following conditions: 1. Hardcover on the property shall be limited to 2,230 square feet or 50.4%, in the areas shown on the attached survey (Exhibit A). The applicant is advised that any future proposal to increase hardcover on the property will not be approved, but might be approved only in conjunction with concurren'_ removals of existing hardcover, resulting in no net hardcover increase. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the dote of Council approval, or this variance will expire on that date (May 29, 1991). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the :fining code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The under:.igned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 1990. ATIOST : /blOothy/l�j� Hillin', City Cork P operty Owner s Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -181: _ ORONO STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 29th day of May, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. THERESA L. NAAB yi NVARY PUBLIC - MINNESOTA w �N�on wOUNsTMaaz ✓ / Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 3(3t day of M 11 I 199C before me a Notary Public within and for said county, personal appeared ,-t6b.n g -Tk�es%-a c,...A, SjkQYr'%QSSe- known to .ne to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JOANN K ARENS j � NOTA-"ELICAII E30TA rcP:`4000NTY NCT Y PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that. he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 490 ID O �y \ 'Oq• I 0'\ w '34 � �: .�� 20.0• 6 N ` tavwa_ �ewr►,+ - 38Nf 8.wuo• l�.w 75 t55' Ze+.e - !acrosep 'v, '� 3)� I • i N � i /� AV YAA&Icovett 4W.IrnN4 9.3--- 0 c t 7.r,LCb' retie - bc.q of Jto,.r • yl/19 , YY Is - Ye 23.2' '0.0' I _- Mou:E iy r t y - S I(- ; j Co.,c wLtrS�rrc, . '/+2T- !.s.7 a0 T } I N p ' Derx /L �L9 Ijv ,a.•x�yCu.� ' -!O 00 C9 C N TY 4Y 12 + us S rTb CN) IYO ,a N Z e W 2 is+■ wAwq 6.0 IVfW4`/ (J , zo 2'lO ' O h°°rs V f i0 is i fn SiiNC�) To 2230—�i t - - 0.s' N S ■1� Cyi !Yo ZL � SD.4i �E= r � 'O CK �/ t; t0 sl, tp ♦w z+` is rn 9•rMl �Ilh,d►.Tr �pD,•rron,4t 01 = �NIr�+�t�•`t,tiy 2'? 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Material -or If PiL_+CAL _Capacity 11 _ SC)G _ _ 21 =''(DC: ° IL Proper outlet and urlet Baffles ____ Liquid depth to RO level Height of tank buitum dbove water table ��.)_�IDtstdVILe to nearest building . -- ` ).1 b E DRAINFIELD Total length of lines RS I Number of lines Trench width_ Total treatment area Isq. It —7 L-3 _Height of drautlield above water table %/\j IT — Y C Type of filter material _. Soil type Distance from nearest bldg._ Tile sire _ — Perc rate _ min/in E o $ p c Depth '4 of trlf over drainfield 17 _ 2 Depth of rock over tole under tile e ra _ Al LOCATION 1 INSPECTION RECORD PUMPOUT RECORD S, K&T S , DATE COMPLIANCE DATE GALLONS_ �q M �>� XT 5 t 4CI�K>E I / 8 -v ( X-0(--',le, (golf, Inc( tr r pt ,ttP, i+ ' j Cut Ogle �Ien I Of- IVIV-f M1„�I I le,i,e,k left e( I,tole hl,ks Include: 1) n ''location w t. �, �,_e , w, • is „ L ?) Dts xe from houseto Iseptic tanks. diet. box. and drainfiald C CONFORMING S SUBSTANDARD I N NONCONFORMING 31 North arrow and road I