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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.
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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.
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PRESENT USE OP PROPERTT
Present Zoninq District
Present Use of Property Residential
Other (specify)
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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 /:
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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.
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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 .
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Certification by Clerical Department that variance Application is complete.
Initialed by Clerical Staff: Date
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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
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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
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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.
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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'
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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
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C CONFORMING S SUBSTANDARD
I
N NONCONFORMING
31 North arrow and road
I