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HomeMy WebLinkAboutProject PacketCITY OF ORONO - VARIANCE APPI.ICATI 1 0— Initial Application Fee $150.00 0.14 ( per each additiona-7variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) PROPERTY-,OCATION Site. Adc? `ss 3775 Bayside Road Property Identification Number (P.I.D.) 05-117-23-24oi ii Please check one - Property X abstract or _— torrens? Attach legal desci.iptiun to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phore (home) 475-1100 Name GErald & Candace E. Rowlette Phone (work) 475-1100 - Mr. 4 -1 14 - Mrs Address: 3775 bayside Road City: Long Lake ' Zip: 55356 ----------------------------------------------- ---------------------------- OiWNER (if different than applicant) Phone (home) Name Address: City: Phone (work) Zip: Late Property Acquired _ (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OF PROPERTY Present Zoning District Present. Use of Property _ � Residentially Other. (specify) DBWMIPTION OF REQU8ST Estimated Construction Cost. $ 300►1 _ 00 Desc-ibe request in detail: HL;Llitiu.i of -mall :rppnhnjse -------------------------------------------------- VhRI AW-XS RBQU I RRD Lot Area Lot Width Hardcover Setback Variances ( Front. Side _ Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: Due t`n the new rnari rti rPrt 1 V ,arrrass from our home all headlights will be shininyl dirpr-tly into the icitrhe -------T---------------------------------------------------------------------- DESCRI p+ioi r8p ni*ti§oAo oi6pk*W, totiDiS.rlbft for our, privacy. Describe unusual property conditions preventinq compliance with Zoning Code Requirements: We are not going any closer to the rnari than the existing house - we are merely filling in a snare_ When the Pyictiny ---- ----------i-1 ------ ------------------------------------------------- REQOIi�eSIj4ALh it met the re,.3uirements for setback at that time. 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (lou must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above lip"-. with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in -existing grade are proposed. 6. Plat Map (obtained with property owners list). 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. ----------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. ---------------------------------------------------------------------------- Certification by Zoning Department that Variance Application is complete. Zoning Official's Signature Date APPLICAVV S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual 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 I`1 OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commiusion members, and Council members for purposes of investiga- tion and verification of this request. Owner's S i qna t u re ,___._- --- N 0 �- _� Da t e___ ------------------------------- ------------------------------- -------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meetinq. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review sleetings of the Planning Ccission and Council. If an applicant is unable to attend a scheduled meeting, please make Arrangements to have an authorised agent attend in your place and to advise the Building i zoning Office of this change prior to the meeting. RUN DATE 07/19/88 HE44EPIN COUNTY PROPERTY INFORMATION SYSTEM • PROPERTY OWNERS LIST BATCH 007 REPORT NO. PI435401 PAGE 15 38 05-117-t3 21 0005 38 05-117-23 21 0015 38 05.117 23 23 000' S PROP ADOR 03780 DAYSIOF. RO 03750 BAYSIDE RD 03820 BAYSIDE RD OWNER NAME HAZEL ANDERSON JOHN BURGER ETAL ANDREW E MINER ET AL TAXPAYER HAZEL ANDERSON JOHN DURGER LANDMARK. CONSTRUCTIOV INC NAME/ADOR 3780 BAYSIDE RO 3750 BAYSIOE RD PO BOX 246 • LOW LAKE MN 55356 LONG LAKE MN 55t56 LOtG LAKE MN 55356 38 05-117-13 23 0030 36 05-117-23 24 0082 3,8 05-117-23 24 0083 PROP ADO: OWNER NAME ANDREW E MINER ET AL DANIEL P CAHILL JOHN BURGER ET AL TAXPAYER LANDMARK CONSTRUCTION INC. MRS DANIEL CAHILL J014N PURGER • NAME/ADOR PO BOX 248 ZL4 N STH ST 37E0 6AYSTOE RD LMG LAKE MN 55356 DELAVAN WI 53115 I0t1G LAKE MN 55356 • 38 OS-117-23 24 0084 38 05-117-23 24 01011 3.4 05-117-23 24 010; PROP ADOR 03770 BAYSIDE PI) OWNER NAME JOHN BURGER ET AL S A C GARDINER S A C GARDINER • TAXPAYER JOHN BURGER SIEVE GARDINER STEVE GARDINER NAME/ADDR 3750 BAYSIDE RD 3770 BAYSIDE RD 377U BAYSIDE RD LONG LAKE MN Si35e LONG LAKE MN 55356 LONG LAKE MI 555 6 • 38 05 117.23 24 010:' 38 OS-117-23 24 0103 39 05 117-23 24 0105 PROP ADOR li • OMNtR NAME S A C SARDINE: S i C GARDINER PARK METRO INV FUND INC TAXPAYER STEVE fiARDINER STEVE 6ARDINEP "JED PRICE NAFIVAOOR 3770 BAYSIDE RD 3770 DAYSIDE RD r L ENTERPRISES i LONG LAKE MH 55356 LONG LAt.E MN SS356 1611 K AVE 3 G MPLS MN 55404 10 0!- W-t3 t♦ 0111 38 OS III-23 :. 01:2 38 05 117-21 2.4 0115 mw Ama 03775 iAYSiDt no OWES NAM[ 6 R A of ROMLETTE STATE LAND DEPT STATE LAND DkPT TAXPAYER 0(RALD L ROMLETTE STATE LAND DEPT CITY Of ORONO NAM/ADO: 177% BAYSIDE RI+ PARK. . LONG LAKt MN SS556 4,11/79 ST JtED 1567S$ 3• Will t3 24 0116 ow Alm 0 SUM STATI LAND D(PT TAXPAIN LITY Of ORONO TOTkL BATCH Ni NiiR NAiOIfMOR cilN t to ST 0110 161 144 r Lo i HINWPIN COl►1Tr N1OPfRTr TNioomyi0N SYSTtR PWWFNYV rAo*nS LIST Amml MD. ►tAU401 'M! ti I CERTIFY THAT THE FACTS REPRESENTEC 4RE AN ACCURATE AND TRUF REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COL04TY DEP:RTMENT OF PROPERTY TAXATION, TO PE BEST OF MY KNOWLEDGE AND BELIEF /1 % ,% 1 �J DATE ' : / BrS-". ZONING FILE #1314 Rowleltf*, 3775 Bayside Road Revised Existing Hardcover Calculatirn, 9,6/b8. House 2E.3' x 42.3' = 1,197 12' x 2 6 ' = 312 Garage 24' x 23' = 552 Driveway 23' x 24' = 552 Patio 19.5' x 21' = 409 Deck 10' x 3C.5' = 3c5 6' x 15.5' = 93 4' x 4' = 15 Less Area of Deck over Patio 8. 5' x 30' _ ( -E' 5 ) Front Walk & Rock/Plastic 8' x 30' - 2,'0 Front Rock/Plastic/Overhar,y 3' x 25' = 75 Rock West of House 10' x 30' - 300 3,966 s.f. If Slab "C" is removed, result is 3,966 - 146 - 3,820 s.f. if Slab "C" 4 "B" are removed, result is 3,966 - 146 - 1.46 - 3,674 s.f. Hardco er allowed on 1roperty is(25N of 75-250' zone)- 4,850 s.f. (either way, total hardcover is less than allowable, although about half of it is in 0-75') 612-475-11 nowlette & associates, inc. po. hox 3 ong a e, n Ay S: CA Z � cc s4L 0 a� z o C0..cvtr.0 `MZc,..,..v Go 1,.16 TLU O s— yr. A Co.-, w knv—' CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1314, was mailed to the attached list of 1 roperty owners . In Witness whereof, I have hereunto set my hand and seal th,s ",,d day of August, 1988. ;A Jam a Bosma CITY OF ORONO NOTICE. The Planning Commission will hold public hearings in the Council Chambers at. 1275 South Brown Road on Monday, August 15, :988, on the matter of reviewing the following land use apl-lications: 1 . 01309 Gerald Nelson, of 1 629 Bohn's Point Road, seeks a conditional use permit to install a retention pond within his lakeshore yard. 2. #1310 Howard Eisinger, of 3245 Wayzata Boulevard, has filed for the renewal of a conditional use hermit that would allow the filling of 100,000 cubic yard- of clean fill within his property. 3. f1311 John 6 Susan Purdy, of 1975 Fagerness Point Road, seek a rear setback variance and a Hardcover variance within the 75-250' setback area for a proposed addition to the existing residence. 4 #1312 William Lauer, of 3165 North Shore Drive, seeks a hardcover variance within the 75--250' setback area for a proposed addition to '.Y,e existing residence. 5. 41313 Richard Eller, of 2655 Shadywood Road, seeks a hardcover variance within the 0-75' setback area for a screened porch addition to the existing residence. 6. 41314 Gerald Roulette, of 3775 Bayside RoAd, seeks a rear/street setback variance fcr a proposed green hoL�s,-- addition to the existing residence. 7, #1315 Countryside Manor Homeowner's Association seeks setback and nei.ght variances for corner monuments located within the intersection of Willow Drive and Countryside Drive. R. 01316 Gary Barr, of 3034 Casco Point Road seeks a separation setback variance and a hardcover variance within the 75-250' setback area for a proposed accessory structure. 9. 11317 Duane 6 Nancy clew, of 1135 Sough Brown Road, seek a aide an�' street setback variance for a proposed detached garage. 10. t1318 Suad H. Azahari, of 1745 Fox Stree' , seeks a height and street setback var�anc:e for a gate structure within the front/street yard of the property. 11. i1319 Karen Fuller, of 4055 Elm Street:, has filed for a renewal of a lot area variance in order to build a new residence on the propert f. 12. i1320 Dr. 6 Mrs. Robert Brandenburg, of 719 Minnetonka Highlands Lane, seek a hardcover variance within the 75-250' setback area for a new deck and three -season screened porch addition to t+-e existinq residence. k11 persons wishing to be heard will appear at this time. '"he meeting starts at 7:00 P.M. written comments aie solicited. Plans are avai 1 able for review in the City offices, by appointment. City of Orono Sys Planning C:omrission Jeang; A. Ma -3st. , Building i zoning Administrator nistrator To be published the wef-k of Auqust 1, 1988. ary OF ow raw, NQT1Qf The rtrr+np oawrhMslen we ►told pubaa tow1nW n rr Cmno` ChW,oq, at 1276 soutn 11111rsen ANd an Mwtdp. Aut AO 16. 19" on the ttWAN► of rovlswatp 'he 10a0tntnp trtd use dapaasNerw 1 1300 GOO Npaon. 0" 1 e29 80ttn $ Point A0011 $eeto a Oarxil oriel use W" to w+Hail • "A wadn 11i GAIN toe htttoUtore yard 2 1310 /trrwd 61.1 0 r of 3246 Wayzata 16adawd, has teed to the rMMwal of a cord, Nertat use /snow }list would asew t►o f iviry of 100.000 otdik yards of c1esn its .r:tttlw tNe Property 3 1 J" Jal,w tltd Susan Ptndy, of 19, 5 Pee-Oreae ►int now, soot a rear Smoot* var to"" ow a tVirdsotNr L-A " Oe w# Nn ihs M. 250 eetbwk ova 'Ora proposed addt!a+, to fM on" rowdenoe 4 1312 webs l.aur of 3106 North Swde Ow4w aaslta a hrdcovw vrtartoe within the 7s-260 oslesoh ree to a prapoied addifty, SO Yo OR"" rsaltlsrtos 6 1313 Rlbftwd Ow, of 2eW ShedywOoj load. on" a OL Oftwr wtrtde wittio this 0.76' swifts, am for a acrowted Paoli adds Me:: �a.te.nw e , ,,„ c6ar.w Rrretafl.. of 3775 same. • rwrsrsot aeassoa wlrtae tot 0 WOPV"d Vows here odrlfbn to tits emit Mm*dWooe 7 Isis COWWV"s, heumr ►Ipweewnsra ti- eaidsaa at air 8816art owl he** vsplrwae f c r alatnR atwaatrartfa lsetaed wotrn the utMreet. ten of wfew OftV aad 0ateryelde Onus S. 13 t e fury sw of V 6a c auoo PC" now MMU a am on erAss , vww%m ens a hod eattr w+rtoe Will IN the 73 W aetesea area ee► a 1 .0aoad sccoee0ry #hucdma s 1317 0bwta trio NNW liar, of 1136 111i 6toam Me", aaaii soft and eraal sw- bw* vrirl0s to a Pwomed dttarahe0 @root .10 1.P1111 S1foo M A&~. 00 174e fait owe". eiMe a food and oil W is .1 wt. floe for a goo struoNn wrMr1 in* irw*M ser 0&0 of " i:ncow! y t 1 131e Kwon ltwew or oo" ehn Sl,"t %mmr 16ad tr a nrowr of a rw roe vw rtoe v+ ralr to hu" a new raldertes an we Drewry t y 1 i0 of and hire lleawl eywlderNtwa r 71 • f illoni wdw ritittrnr biro. @sett a hrd MOM .w"M 001r 11ta 76 2e0 eweeoh area, OF 0 nry due sits 01 e►oeaasa word }trait UdMM w ilia DO" r6salimm As aweiwU & woe is as hard o afanar a !tM Mao Ttio atseW wane w 1 00 0 at Wr+t an iwtosartu we seftartad arise are "WAsma Or +view rn sate 110V aftme " epaeerealrtt UP of Orem* n PWVA fssaw A Mt wan+ wYo a Zarrte Adrnr I�Is► NMtod +� row lattr sae plow 046 1 r Affidavit of Publicatirn State of Minnesota. County of He,uiepm Bill Holm being duly sworn, on oath sa;-s that he Is an authorized agent and employee of the publisher of the newspaper known as THE L AKER Mound. Min- nesota, and has full knowledge of the facts which are stated below A I The newspaper has ;omplled with all the require- ments constituting qualifications as a qualified newspaper as provided by Minnesota Statute 331 A 02. 331 A 07 and othor applicable laws as amended B I The printed which is attaches .vas cut frorn the columns of said newspaper and was printed and published once each week for successive weeks It w, s first published Monday, the ' day of �V� 19 �� and was thereafter prints and published every Monday to and ,ncl id,ng Mondry the day of Auth•xt,ed Agent Subsc►iNw ood sworn t0 in@ on t/1ts tV dy of 9y �✓ A '�� Z Rof• Infofmattoll i. sV*mw +..wasMN'age wad by CdlwntMt.t'7 'a s tUr C(Mt1111111011M hie ai+sr e ► ► N par• 4 n AA.rerraw 0.0w1 by ►m t<a .rbt.v+> 'n.,w. 64 e,a rr. ♦Q.A a Nwti . tudry cewited 40 ,luaw naAiate sit So ire on w toi* gaeoonot su",voewe Halt 93 03 Pi, +wn CITY C' OFOX), ML`t ILII tM Conditional Use wvl Vari u"- A4A,1j.cati / T,DMTICCJ OF MPOCAL (or rztwrty ) TYPE OF RLU=S Address 3775 Bays i d e toad Laga1 Descriptimplat 42boo Parcel 2loo Orono APPLICANP Us t e p rope rt y ac qu i red HL21L% Nam Jerald Leo kowletta Andress '775 *vside ;toad OS44ER phOW # 475-1100 tam aaa•► � Phrrre / I Address PresFsit Zug in; bs a i d o n t i a i - Lk Ik Prlat Use lie e' an ZCrUM URdlnar> ion :Lela rlx q to rttA set � i5� - fa201- it►202 Sepcity Ord.UWWe FkquuesrYxnts 501 Front Lot Line- 751 Laaeamr r LIWIdi:ianal Use Vari,anoe %+Iptlancis 'v, •-itv�oe Fee MR CFir CIAL USE ONLY wwvi1 actin Mete Appro%-jd Derued • Hardcover & Structure EVI&Ln regUest Atl,tive to pecr'"rseants '.'us to Zoniag ohaages. since to• Does• was b-tilt. the existing str4Ct,to no longer conforas to the ordinance . -trot closer to the road or lat3, we •oiAld Igoe to ado our addition.��� -� pit vt .lOri-wnrO ity Proposed new addition does not coafora to setbma.S9 froa road and l.alt•. mudetups to Praver'tY so own app: o:. i With the width at the lot at tde e: it s; sue__ ►Nos .III wide.(iaetors aouadrf is 1061pi4s tree extotiag structure) UnfurtuaateI tree eaistiad otv%ctur• was built Without a uarase, this ►a Nina. is a rs•i•q ftw4salt, situ th. proyooed we "ou'l lilts to oerroct this aad other eversist.te. t,Amt be sutaal ttar", 1 usax pr toz tD OaUrt t2 %M t M ) 00VIAtAbd 4, Ahttsrctar' a Carta boats of pegasty 2. Plat M1p 'la4` J : 'A"IVVY (Sketch in Ct.+tasa tl�tR:n Sao rt . F�aa 4 to . +x1 n.a CITY or ORONO Regular fleeting or' the Orono Council, 7:35 P.A. ?-larch 22, 1976 The Orono Council met on the above date with the following members present: Aciinq Mayor ltassengale, Councilmembers Butler and Welsh. Absent: Mayor Searles and Councilmember Paurus. Also present: City Administrator Benson, Building 6 Zoning Administrator Auhich, and Attorney 11alkerson. Butler moved, Hassengale seconded, that the PINUTES Minutes of the Regular fleeting of ?larch R, 1976, be approved. Motion, Ayes (3) - Nays (0). fir.. Walter Lathrop, Park Commission Chairman, PARK COMMISSION int 'oduced Mrs. Jo Ellen Harr to the Citj Council and recommended her appointment to the Park Con-ission to replace Fern Kubalsky whose term expires December 3i, 1976. Butler moved, Welsh seconded, that Mrs. Jo APPOINTUENT Ellen Hurr be appointed to the Park Commission Park Commission to fill the unexpired term of Fern Kuhalsky. notion, Ayes (3) - Nays (0). Counci Lnember Mary Butler also reported to LARSON PARK PROPERTY the Council that the Park Commission has recannended that the Larson Park Property be named Dederw:.od. Sutler moved, Welsh seconded, that the request SUBDIVISION i PRD of Daniel T. Lindsey (Kelly Avenue Holding Co.) 2505 Kelly Avenue for a subdivision and PRD at 2505 Kelly Avenue, he referred to the Planning Commission. ftotion, Ayes (3) - Nays (0). Butler moved, Welsh seconded, that the request CONDITIONAL USE FEPI-ilT of Kenneth W. Oien, 2980 Casco Point Road, for 2990 Casco Point Road a conditional use perM4t for filling and gracing, be referred to the Planning Cosenission. Motion, Ayes (3) - May* (0) . Butler moved, "elsh seconded, that the request VARIANCES of RAchard Roulette, 3775 Sayside Road, for a 3775 Bayside Road variance for lakeahore and street setback be referred to the Planning Commissiop. Motion, �. Ayes ( 3 ) - Nays ( 0 ) q fie• s _ _ IsAk I 1 Tn: M. R. Rtnson Fii7M : It. F . Mnh ich # A. DA7T- : March 2S, 1976 SL JFCT: Richard Rowlette 3775 Rayside Road Variance - Lakeshore and Street Setback Mr. Rrwlette recently ssurchmed the old Betz property at 377S Rayside Repaid. This is the property with which vrevims problem of right -of way encroachment was Just resolved in 197S thru a rearranxement of Lake Street. The location of the existing dwelling does not conforms to the street setbacr requin anent of SO ft. and hardcover and lakeshore setback require- ment of 7", ft. Mr. Rowlette is now requesting variances from this set- back regairement for an addition to this existing structure. The proposed 36' x 28' addition consists of a dining room, second eating space wnd a two car garage. The setbacks of the nroposed addition would be 66 ft. from the lakeshore and 20 ft. from the street nroperty line. Therefore, the variances requested would be 9 ft. franc the lakeshore set- back requireme, t And 3n ft. from the street setback requirement and variance fro" the 75 ft Lakeshore hardcover setback of 378 sq. ft. for the existing construction and 00 sq. ft. for the Prpposed addition for a total of 778 sq. ft. of hardcover. The existing structure includes a 20' x 20' concrete patio deck facing the lakeshore. Mr. Rowlette has agreed to remove this 400 sq. ft. of hard- cover and replace sane with a larger open redwood deck if the setback variances are approved. The saaxamin area of this proposed addition extending into the 75 ft. Lake- shore setback would not exceed 200 sq. ft. This would result in a net de- crease of hardcover of 200 sq. ft, PtA'N1NC CrW CSinN MFFTINC - Ar►ri 1 5, 1976 The Commission recommended to the Council armroval of the lakeshore and street ietback rrquest conditional upon removal of the 2n' x 2n' concrete deck being replaced by a non -Pervious tvm deck hecause the Citv would rain a 2nn sq. ft. decrease in hardcover. (711JNC1 L !ET1IK; - April 12. 1976 The Council concurred with the Planning Comutssio+n - Approved OttONO COU4CIL 11EETING HELD ArRIL 12, 1976 Page 4 Paurus moved, Massengale seconded, that the VARIANCE variance req­est of Richard Rowlett", 3775 Bay- 3775 Dayside Road aide Road, be approved as per the Planning (Continued) Commission minutes of April 5, 1976, subject to a correct deed being filed by Mr. Detz. tlotion, Ayes (4) - Nays (0) . Paurus moved, Dotler seconded, that Resolution RESOLUTION 1672 1672, A Resolution Approving The Registered Land RLS A Survey 11o. , be adopted, subject to the payment 3080 forth Shore nrive of the Park-Fedication Fee in the amount of 112,000. tlotion, Ayes (E) - days (0). Aassengale moved, Butler se-onded, that Resolution RESOLUTION 0f73 0673, A Resolution Approving The Ulmer Estates Ulmer rstates Plat Plat, be adopted, subject to the payment of the 70 a 190 willow Drive N. Park Dedication Fee in the amount of $800. i Iotion, Ayes ( 4 ) - Nays (0). Henry tluhich, Buildi,sg 6 Zoning Administrator, STRrrT VACATION informed the City Council that itr. & Mrs. Esco 11i:1 Street are submitting a request to vacate a portion of 300 Crestview Avenue Hill Street as We existing well, side entry enclosure and garage are located on the right-of- way. A similar proposal was den y the Planning Comtaisrsion and Council on ruary 12, 1973. We informed the applicant's counsel of this but he requested we proceed with the proposal as submitted. The existing garage is in need of repair and probably couli be removed or moved. The entry enclosure could be removed and the well could be moved. I would recom-:wnd against this vacation as it would result in la,tdlocking the property to the east. A public hearing should be scheduled. Planninq Commission fleeting - 'larch 1, 1976 "he Planning Casrnission scheduled a public hearing :o be held on ilonday, April 5, 1976 at 7t 30 P.11. Planning C" Mission fleeting - April S, 1976 Jerry Snyder, atAtorney representing the applicant, apr-cored at the public hearing and requested Ciat the COMMisilon review the survey prepared for the "seos. It shored the garage and s portion of the existing house, including the wall (Continued) OR0140 COUNCIL METING IiELD APRIL 12, 1976 Page 3 Massengale moved, Taurus seconded, to approve the conditional use permit for Ronald Ross, 1960 Lakeview Terrace, subject to the Planning Commission flinate3 of April 7,, 1976 and receipt of open space easement on Lot 2, Pock 1, Long Lake Country Club Addition. otion, Ayes (4) - Nays (0) . Henry 1luhich, Building i Zoning Admini3trator, stated that Richard Rowlotte recently Purchased the old Betz property at 3775 Bayside Road. This is the property with which previous problems of right-of-way encroachment was just resolved in 1975 through a rearrangement of Lake Street. The location of the existing dwelling does not .onform to the street setback requirement of 50 ft. and hardcover and lakeshore setback requirement of 75 ft. fir. Rowlette is now raqu;,sting variances from this setback requi.-ement for an addition to this existing struct+re. The proposed 36' X 28' addition consists of a dining room, second eating space anj a two car garage. The setbacks of the proposed addition would be f'6 ft. from the lakeshore and 20 ft. from _ae street property line. Therefore, the variances requested would he 9 ft. from the lakeshore setback reauirement and 30 ft. from the street setback requirement and variance from the 75 ft. lakeshore hardcover setback of 378 sq. ft. for the rroposed addition for a total of 778 sq. ft. of hardcover. The existing structure includes a 20' X 20' concrete patio deck facing the lakeshore. 1.r. Rowlette has agreed to remove this 400 sq. ft. of hardcover and replace same with a larger open redwood deck if the :,etback variances are approved. The maxim= area of this proposed addition extendinq into the 75 ft. lakeshore setback would not exceed 200 sq. ft. This would result in a net decrease of hardcover of 200 sq. ft. Planning Commission fleeting - April 5, 1976 CONDITIONAL uSJ' PER;IIT 1960 Lakeview Terrace (Continued) VARIAMCE 3775 Bayside Road The Comission recommended to the Council approval of the lakeshore and street setback rerruest conditioned upon removal of the 20' x i0' concrete deck being replaced by a non -pervious type deck because the City would gain a 200 sq. ft. decrease in hardcover. (Continued) Lk Cl rY J: 0RIA) Pf-72T AJ'PLICATI7% _ ...... C I: _ _ ;' J •.� i �1'_ _+4P_PL�ICA7_I1 Rn t.D r r O�C7L' 0 24 WtPate 911 -yyy I a . •.r.��r� o►e er use- 4-.- J...rl C-.-1- C - s � I C a•1dT�a 2s'i S 0� f iz - (ti�~,.,FZ.�I,, I'.7 • .-•' I 3Uiidd=y��.��J�.. V.' �wie�•-4•, tape tip, rsto Insp. PRLMCTPAL SMJCIURB ME - — - Bsmt: Fln Arra Win P.rea gene: ._-.--------- ___. Hain Flr: MthIl Depth 2� G _ Alva-JYL J3i1 Meer _ .�" 2nd Fir: Width 10 Depth 1 Z Ara+ Izo -_pqN 5ets�2 Width L D•*e,2 ,__ .tea sss _ - s�•. za:rx; etc, ektm A7*-t +.�+� 's Set. Gmtm-tlant wbe 00:,�. ` darlwce Tot ?►idth Depth area_ rtt«K'fi', mod, ikC LTritsMWn: Yes Np LK t'wb. Mletlanda: Yes ';o 77.0 Roar"' {X?fUM i'r.A. Side �' — / APPLI LIT."S .n) !TT W01 iri15 E+M•`: �t /of lk ( 2 Q)PIFS z MAX Dr•MN r, `MCA L , A w XMV. OF W T 7be trade rs i Iw d hdi 4v'y makes IiA`t l i.. i �" FF F , ' �e :+`b'y rnatiea et':Ql t:.a ._ oZ fo_ tw �-_.�' d- t y I ing pen2it for the work- desz2ibel, aC eeeN riu -J' --- *Ork in strict serordamn with the ordi:wxes ,�t --';e t. 1e ( City of *?rcno and nuinRs a. Vw agate :;uildi-w Cow nivisien, and doclam teat &I: rags s:ic! rc-,�rwc:� Per..t .aa tatiols stated heron are tree s'.d c� rrrc t . MAI Pavi^ its "�•��- State 3%.-MharQe To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: August 8, 1988 Subject: #1314 Gerald & Candace Rowlette, 3775 Bayside Road - Variance - Puolic Hearing Application - Street setback variance to construct 4.5' x 12' sunroom addition. Zoning District - LR-IA, 2-acre, insewered List of Exhibits Exhibit A - Application Exhibit B - Plat Mat -- Exhibit C Property Owners List Exhibit D - Survey With Staff Notations Exhibit E - Plans & Elevations Showing Proposed Location of Sunroom Exhibit F - Documentation From 1976 Variance Approval Pertinent Facts - 1. Street. Setback: Required = 50' Existing - 21' (at addition location) At Addition Site: Proposed s 15' Variance - 31' or 2. The proposed sunroom "fills in" an existinq indentation in the North wall of the house. 3. Hardcover: Total Exijtinq Hardcover = 4,085 s.f. Total Hardcover Allowed on Property = 4,850 s.f. (25% of 75-250' zone) Proposed Changes: No Change Proposed -- Sunroom is over existing rock and plastic. ,. Note that the 1976 variance atproval to add garage, rooms, and deck partially in the 0-75' zone was conditioned upon removal of 20'x20' concrete patio. That patio has never been removed. tN 1 f GM�Ti 4e, �► � 3 1 PAO f e --- r tr ' vt Ar'L:L B `*S opSr,.Vvw: aet C. 'TZa 6 ,-4pf r a► x — Toning File #1314 August 8, 1988 Page 2 of 2 Discussion - The westerly portion of this house was originally constructed in 1969. In 197G, the Rowlettes requested and were granted variances to allow construction of room additions, an attached garage, and a new deck. The original house was constructed partially in the 0-75' zone prior to the 75' setback requirement adopted in 1975. In exchange for variance approval to allow the room, garage, at:d deck additions in 1976, the applicants were required to remove a 20'•c:10' concrete patio located about 40' from the shoreline. This patio has never been removed. Because the existing house is constructed with "wing -wall" extensions about 2' out from the house, with overhangs, the proposed sunroom will not appear to extend any closer to the road than the existing house, aL can be seen from the plans submitted. There would not appear to b� any significant impacts on the character of the neighborhood, and no light, air or open space .is encroached upon. The hardship would be the location of the existing house and the narrow nature of the lot which allows virtually no usable building envelope without variances. Staff Recommendation - Based on the information noted above, staff would recommend approval of the proposed sunroom addition, subject to removal of the 20'x20' concrete patio on the lake side of the house, such patio to be removed prior to issuance of a building permit for the sunroom. r r;/ 1 I. .'% T q , 1�' `) I fit. rr �A- PO 1 It MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 15, 1988 ZONING FILE #1313 CONTINUED Bellows stated that she would like to see an overall decrease in hardcover because applicant is adding a structure. She said she would hold fast to her definition of a porch with storms being an additional structure. Kelley stated that based lipon staff's calculations, hardcover totalled 29.6%. Johnson asked whether applicant was only going to remove 3' from the concrete patio. He suggested removing more than that. Applicant stated that would be acceptable. Daffron stated that if you just look at trade-offs in round numbers, they are close. Kelley suggested using 27 % in the 0-75'. Gaf f ron stated t.,at in the 0- 75' zone 1% would equal approximately 91 s.f. which would be 10' by 10'. Gaffron asked if the recommendation was a 32 s.f. reduction overall? Bellows stated that the odd shape of the proposed deck was making it difficult to translate t;.a percentage. It was moved by Kelley, seconded by Cohen, to recommend approval of the variance providing that the hardcover it the 0- 75' zone did not exceed 29.6%. Motion, Ayes=6, Nays=O, Motion passed. #1314 GURALD ROWLETTE 3775 BAYSIDE ROAD VARIANCES PUBLIC HEARING 8:45 P.M. - 8:52 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicants were present for this matter. Gaffron explained that the Rowlettes were proposing to construct a sunroom on the north side of the existing house. The sunroom would be located so it would f i 11 an indentation along the outside north wall of the house. The applicants were granted variance approval in 1976 for the addition of a garage, rooms and deck which extended partially into the 0-75' zone. The approval was conditioned upon removal of a 20'x 20' concrete patio and replacing it with redwoci. This has not been done. Applicants are currently seeking a street setback variance where the standard for this 2-acre zone is 50'. Kelley stated that he had no problem with the sunroom, however he did not like the fact that applicants had not complied with the removal of the patio, per the 1976 variance approval. He stated that based upon that, he should vote to deny approval of this :request. He asked the applicants if there was a specific reason why they had not removed the patio. Mr. Rowlette stated that since 1976 they have removed other hardcover structures that would equal removal of the 20' x 20' patio. He stated that he did not rer-•►e the patio because they get an ice build up in that location 7e cannot be chipped off of a redwood deck without ruinin °k. Kelley asked applicant for his opinion as to 12 MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 15, 1988 ZONING FILE #1314 CONTINUED removing the concrete pi�io at this time. Applicant stated that he would still have the save prrblcm with the ice. Mr. Rowlette stated that the only reason they are in need of this addtion is due to a new road being built directly across from their kitchen. The addition will act as a screen from headlights shining in their house from this new driveway. Bellows statea that she had a problem with the appropriateness of using the greenhouse addition as a screen for incoming light. Applicant stated that the addition would be made of a dark plexiglass material. Applicant stated that he had a problem understanding why there should be any concern. They were not asking to add to the hardcover and asked why he needed approval to perform this addition. Bellows stated that the existing house was so far outside of the boundaries. They had already put one addition on and now they were requesting another addition. Mrs. Rowlette stated that the addition was merely a rounded glass window that extends 4 1/2' from the house. It is being added to fill an existing space on the outside gall of the house. She asked what more the Planning Commission would need to see. Brown asked applicants whether they reed the entire concrete patio to take care of the ice build-up problem? Mr. Rowlette stated that the patio was in two pieces and he could remove one part of it. Kelley stated that understood the problem of trying to chip ice from a wood surface. If applicants would be willing to remove the portion of patio, he would approve the addition. Bellows reiterated her concern about using a window to screen light. Kelley asked applicant how a plexiglass window would prevent headlights from shining in their kitchen window? Mrs. Rowlette stated that the window would be a reflective, darkened glass. Mr. Rowlette added that they would install trees and bushes inside the greenhouse which would add to the screening affect. There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Brown, to recommend approval of the addition of the 4 112' sunroom, subject to the condition that the patio on the south side of the house be removed up to the felt line, which is equal the location of the deck and runs parallel to the ho-ise. The patio must be removed before the permit for the sunroom is issued. Motion, Ayes-6, Nays-4, Motion passed. 9131S CONSIDB MANOR NpMLO MMERS' ASSOCIATION 1MRW"WTi0N OF MIi.i,UM DRIVE AND COUMTRXSIDB DRIVE VAR ANC28 PUBLIC: ERARtMG 81-53 P.M. - d:S7 B.M. The Affidavit of Publication and Certificate of Mailinq were noted. 13 ZONING FILE NO. 1314 CITY OF ORONO NOTICE. OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 pace of Notice: 8-17-88 ---------------------------------------------------------------------------- TO: Gerald 6 Candace Row.lette COPIES TO: 3775 Bayside Road Long Lake, MN 5535u TYPE OF APPLICATION: Variance ------------------------------------------------------------- DATE. OF MEETING: 8-15-88 VOTE: 6 For 0 Against Planning Commission rec- ends the following: Approval subject to conditions noted below. NOT RS AND SPNCIAL CONDITIONS: Approval of setback variance for glass -enclosed sunroom is conditioned upon removal of south half of 20'x20' concreteslab, resulting in a 209 s.f. reduction in hardcover in the 0-75' zone, prior to issuance of building permit for the 3unroom. Applicant's next scheduled meeting is confirmed as: City Council Auyust 22, 1988; meeting starts at 7:00p.m. If you desire certified copies of the official Planning Commision minutes, they are available from the City Recorder after review and approval by the elanning Commission. TO: Mayor Grabek, Council Members, City Administrator. Bernhardson FROM: Michael P. Gaffron, Asst. Plannina & Zoning Administrator DATE: August 17, 1988 SUBJ: 01314 Gerald & Candace Rowlette, 3775 Bayside Road - Variance - Resolution Application: Street setback variance to coistruct 4.5' x 12' sunroom addition. Zoning LR-lA, 2 acre - unsewered. List of Exhibits: Exhibit A - Proposed Resolution Exhibit B - Notice of Planning Commission Action Dared 8-17-88 Exhibit C - Memo 6 Exhibits of August 8, 1SP8 W scussion Please review the memo and exhibits of Augus* 8, 1988. Applicants are requesting a street setback variance to a'_low construction of a glass - enclosed sunroom within an existing indentation of their house , which is 19' from the street right-of-way where a 50' setback is normally requ4 rn-d. This sunroom will extend no further towards the street than the existing house that surrounds it. A variance was granted to the Rowlettes in 1976 to add the currently existing garage and room addition. One of the conditions of that 1976 approval was rf.moval of the 20' x 20' concrete patio or, the lakeside of the house. That patio was never removed. Planning Commission as part of their recommendation for approval is recommending that the southerly 10' x 20, section of that patio be removed prior to issuance of a building permit for the sunroom. The applicant's have agreed tA&t this is acceptable to them. they wish to keep the northerly 10' x 20' section due to winter ice problems with their eppes'41*e+ access door. 10.'%. W C staff endation Staff recommends apprrva1 of a street setback variiance to allow a sunroom to be constructed 19' from the street right-c,f -way and a hardcover variance for Gerald i Candace Rowlette, 3775 Bayside Road, conditioned upon remove 1 of the southerly 1.0' x 20' portion of concrete patio on the lakeside on the house, prior to issuance of a building permit for the sunroom. A resolution is attached for Council review. MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988 ZONING FILE #1303-REZABEK CONTINUED believe that approval of the variance would set a precedent. It was moved by Councilmember Callahan, seconded by Councilmember Nettles, to direct the City to draft a Resolution approving the lakeshore setback variance. Councilmember Goetten asked that language be added requiring approval for any replacement of or repair to the fence. Callahan agreed to add that stipulation to his motion. Nettles stated that he did not think it was a good idea to include language that would discourage the upkeep of property. Zoning Administrator Mabusth suggested adding language that would encourage natural screening. It would enlighten any future property owner as to the underlying principles of the City. Goetten agreed, adding that the natural environment was an attraction for persons moving to Orono. Nettles stated that he would like to see the Resolution when drafted, but he would second the amendments as suggested. Councilmember Peterson stated that approval of the variance would be setting a precedent and she would vote no. She would prefer to see natural screening. Motion, Ayes=3, P•terson Nay. Motion ,passed. 1314 GSRALD ROi1LE?TB 3775 RAYSIDE ROAD VARIANCE B SOLUTION Appl.irants were not present and had previously asked that is matter be ta4ed. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to table #1314 Gerald Rowlette. Motion, Ayes=5, Nays=0, Motion passed. # 1315 COUNTRYSIDE MANOR HOMBUKKER' S ASSOCIATION WILLOW DRIVE AND COUNTRYSIDE DRIVE VARIANCE FSOLUTION The applicants were not present for this matter. It was moved by Mayor Grabek, seconded by Councilmember Callahan, to table #1315 Countryside Manor Homeowner's A&sociation. Motion, Ayes-5, Nays-0, Motion passed. # 1317 DUANE i NANCY vl"B". 1135 BROWN *OrAD SOUTH VARIAIWI RRSOLUTION #2468 Anplicant3 were present for this matter. City Administrator Bernhardson explained that the applicants were seeking a side setback variance and a street setback 6 &= - as - �d' of �-�.ee-Q �.�-,�..�' (14 I Yowl- A7 *IAIJ �904w- e4wiV, "I immon] VO & ;m F TO: Mayor Grabek Orono Council Members City Administrator Bernhardson I FROM: Michael P. Gaffron, Asst Planning & Zoning Administrator DATE: September 6, 1988 SUBJECT: #1314 Gerald & Candice Rowlette, 3775 Bayside Road - Variance - Resolution - Addendum to Memo of August 17, 1988 PLEASE REVIEW THE MEMO AND THE PROPOSED RESOLUTION OF AUGUST 17, 1988 Since my August 17th memo, Mr. Rowlette has advised staff that the concrete patio is actually in three 7'x20' sections parallellinq the house. He is proposing to remove the most southerly 7x20' section and leave the 2 remaining sections (about 14x20' ) in place. On 9-6-88 I visIted the property and verified the sectioning of the patio, is trhee sections 19.5' in length and 6, 7'6" and 7'6" respectively in width, and also noted that part of the deck is over the patio. this resulted in my recalculation of existing hardcover (attached). Existing hardcover on the property is 3966 s.f., about 2/5 of which is in the 0-75' setback zone. Allowable hardcover on the property (25% of 75-250' zone area) is 4850 s.f. Removal of the 116 s.f. patio section as proposed by applicant will result in about 3820 s.f. total. hardcover. An approximation of percentages would then be: .4 x 3820 = 15k8 a.f./28,125 s.f. = 5.4% in 0-75' .6 x 3820 = 2292 s.f./19,400 s.f. = 11.8% in 75-250' To clarif• his reasons for wanting to keep the northerly sections, I have asked Mr. Rowlette to provide a letter tating his position (attached). STAFF RION While staff originally recommended removal of the entire 20'x20' patio, discussions at the Planning Commission level resulted in a Planning Commission recommendation to allow half of the patio to remain. This was based on the applicant's existing problems with roof runoff leaving an ice build-up in front of the basement access door, which results in the need to chip ice from the concrete every winter. The applicant contends that it is easier to chip ice from concrete then a wooden deck. .''e also suggests that due to the approximately 3' roof overhang over that concrete, that the single 6' wide patio section along the house would not be sufficient. The attached resolution reflects a removal of the southerly 10'x20' half of the patio. Conditions 1 an,' 2 and finding 3 (d) can he revised as the Councils sees fit, to accommodate whatever portions of patio the Council wishes to have removed. Cite of ORONO RESOLUTION OF THE CITY COUNCIL NO. 249 A F.BSOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #1314 WHEREAS, Gerald ✓` Candace Rowlette (hereinafter "the applicants") are the owners of the property located at 3775 Bayside Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached thereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a sunroom addition to the existing residence, to be located 19' from the street lot line where a 50' street yard setback is normally required, and a variance to Section 10.22, Subdivision 2 to allow additional structural hardcover on the property where a significant portion of existing hardcover is in the 0-75' lakeshore setback zone where no hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File f1314. 1. The property is located iz the I.R-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 15, 1988 and recommended approval_ o,: the proposed variance based upon the following findings: A) The proposed sunroom will extend no closer to the street than the wing walls and roof line of the existing house, but will merely fill in an existing indentation in the house. B) The area where the sunroom will be constructed is all hardcovered by decorative rock bed with plastic sheeting underneath. C) The proposed sunroom addition will not have any significant off*ct on the character of the neighborhood nor will it encr )ach upon any neighboring views of the lake. Paqe 1 of 4 Cite of ORONO RESOLUTION OF THE CITY CCUNCIL NO. 2492 D) The applicants were granted a variance in 1976 to construct major additions to the house, which were approved at that time conditioned upon removal of a 201x20' concrete patio on the Lake- shore side of the house. That patio has never been removed. The applicants' hardship in needing that patio or a portion of it relates to ice build-up and winter access to the house in conjunction with his existing wooden deck. The existing concrete slab is in three separate units, and the southerly portion can easily be removed without causing damage to the remaining portion. This will result in a 146 s.f. reduction in hardcover in the 0-75' zone. E) Although the total hardcover on the property is less square footage than would be allowed within the 75-250' zone, the fact that a significant portion c` that hardcover i3 in the 0-75' zone is ample justification for reduction of 0-751•hardcover, especially in this case where that hardcover was previously required to be removed. 4. The City Council has considered this application including the findings and recommendations of the Plannit,g Commission, reports by City staff, comments by the applicants 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; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and wou: d be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CO®CLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a sunroom addition located 19' from the street lot line where a 50' street yard setback is normally required, and grants a variance to Section 10.22, Subdivision 2 to allow additional structural hardcover on the property when a significant portion of the existing hardcover is in the 0-75' lakeshore setback zone, subject to the following conditions: Page 2 of. 4 1948. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. The applicants shall remove the southerly 7.5'xl9.5' portion of the concrete patio in the 0-75' lakeshore setback zone, and no building permit for the sunroom shall be issued until the concrete patio section has been removed. 2. Hardcover on the property is allowed as follows (in 0-75' and 75- 250' zones): Existing House = 1,509 s.f. Existing Attached Garage 552 s.f. Existing Driveway = 552 s.f. North 2/3 of Existing Patio 263 s.f. Existing Deck Not Over Patio 329 s.f. Existing Walkways & Rock Beds Underlain by Plastic = 615 s.f. Sun Room Addition s (c•,er existing hardcover) --- ------------ TOTAL 3,820 s.f. (per Exhibit B, attached) The applicants are advised that the maximum allowable hardcover on the property is 4,850 s.f., and that no additional hardcover will be allowed in the 0-75' lakeshore setback zone. 3. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 12, 1989). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, Page! 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO 2 4'9 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this I a X�k day of r 198 F before me a Notary Public wit n and for said county, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. (�� &V-"J�E NOTARY PURLIC NAA /00'kN OLIVE .:;El PETEnM NOTARY '-:4,IC MINNESOTA ` - NE`WPIN COUNN MY STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Pu lic within and for said County, personally appeared known to me to be the Person s escribe n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 �` ' , �•` 10►,� �'ll� f% A ti>C1G� 1 L'TjGly� 249:: Certificate of Survey: ' I hereLf nertify that this is a tru•i and cosroct ren:•esantr,tinn of surrey of t.ho tx�am•t�tri c of (A) %� I 1A;ts 5, 6, 7, 8, 13, 15, if , 19, 20, 2.1, 22, 23, and 24, Ott.ov i L le on Ls .us Mi nne tonkrs , V h i AC:J' beat ,art Lf ,;s:id Lots li, 11, 19, 20, 31, tin-1 22 hint: Sruthurl- of a line drpowm nenallel w1U; unri 30 fu,st horthcesturly, re.-iri -d at right anr+ier., fret: a lino iierp>.irui.'tar rss:e rasa tr r.r "Linty N", a,sid "Lino rill Loin, detirritxn'. uc fnl oa:b: Cc:m-nrint- ut the I I:orthwust corner of the :southeast quarter of thew NorU,we.t rivart.er of' :icc- ►.ion 5, Tc:muhi•r 117 Morth, Mnnpe 23 ''A:st of UJo 5th :'rincirwil tiurldlar.; thence 5casth nionr the Must lino of said :southeast gr.nrter of the, l'ort.':wa: t quart :r a distance of 234 reset; ehsmne dee:lectinp, right 1,F deMca a dictancti o" 90 Pout. to tho point of i,el,inrinp o:' said "Line T'; theme deflartint Tuft b. daproes to tl.0 south- erly ex -tension of the ISnst line of said 1,ot 15, -ind arrid ".fine Li" Vcore ending; (8) Tlwt ;cart of take 'flaw .Avenue anti Lake Street ns dedlesattt;f c,n tho skit of i ttoville or. Lmke :Urinetookz, rlearrlbe.i as fcllo,": Corraencint at the f ortl,ere:,t corner of the fort^:r-st (;etartcr e f :ierctirn 5, 'tca••m1il , 117 Corth, .,,-nrn 23 'Jost of the W. Frincl-Al Eeridian; thence :south nlonr the &tat Linu of ::aid ?'orthwe-t quarter a disturca of 14-')0.28 fe-A; thonea deflecting left 64 daprees 30 Anutor a dirtanre of 10.7' feet tc th^ xint 0' 1•ei-irninl of :t line heroinmftor referred to as "Line A"; tnenco deftcetirr right 1Lr daprees slost;• L•niii "Lines fill n rlist-rce of inn feet; ttcnre ulonF a tvn; r:tiai curve to thn left having it radius: of 5(0 fast rand central snple of 22 depr•-e•s 30 rrinueca a dis'.sr.ne of l(t6.15 1 -et: ti,.ance Westerly tanrent tr said curve a distance of 802.5 feet; thence: :ilonh ;a tangential curve to the left having t; radius of )OC feet and central anfle cf 45 de;;rerta a distance or 235.02 feast; thsrnro ;south%oesterly tanf•t-rt ;,o Lest.-snld curve to a point. on the kt,-zt line of tt," :.oath -not runrter of anid NiorV,wnst uuartur of :;•action 5, and said "Line A" t:rere endinfs, self otviint, poin-. beinf• th+: ;,oint of bupinr.inF of the ;srr7-,.r ty iseir,, iiescriterl, thence Hrrthuat.t.:rlnlonp sni : ":sine A" to its intersection with the Northerly oxtereinn of t.l-o I.Asterly liny of Tt.ere;a Street in srtlei PL,t of Cttovill, on iyKe VinnetcrOte; thonee southerly along avid rort';erly extonslon tc the Scuthurl:• lint: of acid Like View Avenue; thence Scuth- westerly along sstid Sout:•orly lino cf Lreke View Avenue to the linty of sni'. h,ka Street; thence South sting said fiat line of Lake Stmet to its intersection with a line drnwn parallel with and 30 feet korthesaterly, me-isurod at right angl0s, from a line hermin-+fter referred to ns "Line 6", said "Line f!" twins; desr_riuerd as follows: Cowenncint' at then Northwast corner of suid Souttu:,est ssautrGer of use t:urt.:,west quart.ur; team,) .;outn :,lung the ',6-st line of said Southeast quarter of the 1.orthwest a»artmr a diats,nre of 234 feet; thence Jufloctinf riN;ht 4E le;;roes a listaney of 10 foot to t!w print of Iaa;Anninp of sstid "Lino H"; .hCnret riefla,-tint, left. 83 depraeo to 3ei41 bast line cf Lake 3trest, and ssai : "Lino 3" there anding, (hence Nnrthwrsterlr along er.icl .7nrallel linst to its intersertion with suid 1:ost line cf ti.n �;outhse.sst gtwrtasr of thu North- west quarter; thence North along fluid bloat line to tho ;-ooint a tset-inning, w.sU-IT that jert of unici auv-e-c:ocariLeet property lying Northerly or a line 33 feet Southurly of, monsured at rit;ht angles to and parollol with, said "Line A"; W That -art of the Northesst quarter of the 3outhweat gewrtor of the llorthwast quarter or :;ectlur; 5, Townshio 117 leorth, Range 2) least of the 5th Princionl !k'ridian, lyinf Southeasterly of a lino hereinafter referred to as "Line A" and Ncrth- easterly of a line hereinafter referred to as "Line 9", eaicl "iAne A" anti "Line 110 being deserilsed as follows: Cowmencing at the Northeast errner of ae:d Northa!tat quarter of the Southwet;t quarter of tlx tbrthwest (,muter; thence South along the East line of said Northeest quarter ar the `Southuest quarter of the NortJtweat ,lautrter it disuinoe of 234 feet to the point of baginninp of said "Lima A"; thence dwflort'ny right 48 degrees a distance of 90 feet tc a point, and said ''Elea A' there ending, said point being the point of beginning of ►said "Line B"; thence deflecting le:t't 63 degrees to said iPent line, and said 'Line A" the„ a ne i nr , 1lLCW1 that part thereof lyln#, soutxwestLrly.of a line drawn parel:sl with and 30 fast Nort..heastarly, measured at right a W1a •, fuser said Line t3" suhjeet ,.a an existing easement f ~ rase' purposes, i ► sox Lx , � . y 3o.S' � � it AA4. -r� lcoI I Pb wt O, ► !Ai ^Det-9 NPOID , Pftn o -jo t MINTITES OF RLZULAR ORONO COUNCIL MEETING SEPTEMBER 12, 1988 ZONING PILE #1313-ELLER CONTINUED Assistant Planning and Zoning Administrator Gaffron gave more details involving this application and showed the Council where the remcvals and replacements of hardcover would occur. Councilmember Goetten mentioned that she had visited the site and though} that the applicant's proposal improved the present s4:.uation. She appreciated the fact that the Ellers were removing 3s much hardcover as they were installing. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to adopt Resolution #2491. Motion, Ayes-5, Nayes=0, Motion passed. #1314 ;RRALD ROWLETTE 3775 BAYSIDE ROAD VARIANCE RWOLUTION #2492 Applicants were present for this matter. City A-ainistrator Bernhardsno explained that the Rowlet.tes were seeking a street setback variance for the purpose of installing a sunroom. The sunroom would be located in an existing indentation along the north outer wall of the house. The main issue is hardcover and a patio that the Rowlettes were to have removed in accordance with a variance granted in 1976. The Planning Commission recently recommended approval of this current application based on the removal of half of the concrete patio. Since that time, it had been determined that the patio was split into three sections rather than two. Assistant Planning and Zoning Administrator Gaffron indicated or, a diagram the configuration of the patio. Councilmember Callahan questioned why the Planning Commission did not have any concarn over the number of concrete slabs. Applicant stated that he had informed the Planning Commission that there were two slabs, but upon re-examining the patio, found there to be three slabs. Applicant stated that he would like to remove the outer slab, which would n,-�an a removal of less hardcover than recommended by the Planning Commission. Mayor Grabek asked applicant why he had not previously removed the concrete patio as directed by the City. Mr. Rowlette stated that he had an ice build-up problem in that area. He could remove the ice from the concrete surface, but could not chip the ice from a wood deck. Mayor Grabek arcked Mr. Rowlette if he would also find a reason for not complying with the City should they redirect him to remove a portion of the patio. Applicant stated that he and the Planning Commission had discussed this issue and the slab would have to be removed prior to the issuance of the building permit for the sunroom. Cj.ty Administrator Bernhardson rei!--erated that applicant was requesting that only one-third of the concrete patio bE rem(ved 6 MINUTES OF REGULAR ORONO COUNCIL MEETIh' "EPTBMBER 12, 1988 ZONING FILE #1314-ROWIJM"n CONTINUED as opposed to one-half. Gaffron stated that the resolution could be revised to reflect the Council's decision as to the extent of removal. The resolution currently directs that one-half of the patio be removed. It was moved by Mayor Grabek, seconded by Councilmembei Goetten, to amend Resolution #2492, to direct that applicant remove the most southerly 7' x 20' section of patio, which will leave two temaininq 7' x 20' slabs. Motion, Ayes=5, Nays-0, Motion passed. #1315 COUNTRYSIDE MANOR HOMEOWNER'S ASSOCIATION WILLOW DRIVE AND COUNTRYSIDE DRIVE VARIANCE ABSOLUTION #2493 Mr. Phil Miller was present as a representative for the Countryside Manor Homeowner's Association. City Administrator Bernhardson informed the Council that applicant was seeking a variance to construct entrance monuments for Countryside Drive that exceed the 3 1/2' neight requirement. The City and Homeowner's Association previously-iscussed the issue of signage on the monuments and determined that there would be none. Mr. Miller reported that the homeowner's Association had prepared some elevations and drawings of what tney were proposing. The Association had no plans to include any signag,, for the monuments and had no problem adhering to the. City's determination. Mr. Miller also addressed the situation involvinq undenireable behavior on behalf of one of the Associatior. members. During a Planning Commission Meeting, this person made rude ccmments pertaining to the Planning Commission. Mr. Millar stated that this person was out of line and he extended an apology on behalf of this individual. Councilmember Goetten thanked Mr. Miller for his apology and stated that she had been seated eirectly in front of the individual. Councilmember Callahan reiterated Councilmember Goetten's comments. It was moved by Councilmember Goetten, .•conded by Councilmember Peterson, to adopt Resolution #24'' Motion, Ayes-S, Nays-0, Motion passed. #1316 GARY BARR 3034 CASOU POUR ROAD VARIAMC= Applicant vas present for this matter. City Administrator Bernhardson explained that -he applicant 7 APPLICATION NO. 1314 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal ^ay, MN 55323 473-7357 Date of Notice: 9/21/88 --------------------------------------------------------------------------- TO: Gerald 6 Candace Rowlette COPIES: 3775 Bayside Roac. Long Lake, MN 55356 TYPE OF APPLICATION: Variance ------------------------------------------------------------- DATE OF KENTING: 9/12/88 VOTE: 5 For 0 Against COUNCIL ACTION - NOTION: Council voted unanimously to approve the requested variance subject to removal of the southerly 7'6"xl9'6" section of concrete pa,�;o. The resolution for approval has been revised to reflect that. condition. A copy of the revised resolution is attached. Please arrange to sign the 3 original resolution copies at the City; Offices (Monday through Friday, 8:00 to 4:30). P11 persons with an interest' in the property fnust sign the resolutions. Variance Approval is limited to*the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to furt,,er review by the City. Variance approval expires one year after date of approval. Permit application must ue submitted no iater than September 12, 1989. 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.) # If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. WAYNE O.POPNAM RA+MONO A HAIK R00CR W. SCHNOBRICH *ENV C• KAUFMAN Roat PT A MINIS. ROLIRC A. WOROCN O. MARC WMITCHEAO BRUCC O. WILLIS FREDERICK S. RICH •R01 O. RO BC RT JOHNSON O ANY R. MACOMSCR ROBERT S. SUNK M U'3H V. 0 L U NKCTT, :II r RCOE RICK C BROWN THOMAS A. BERG JAM CS R. STCILCN JAMCS B. LOCKHART ALLCN W. HINO CRAKCR CLI►FORO M Ow[EN[ O. WILLIAM KAUFMAN M ICMAC L O. rRCCMAN I+OWARO SAN MYCRB. III LARK♦ O. [SPCL JANIC S. MAYCRON THOMAS J. BARRCTT POPHAM. HAIK,SCHNOBRICH S KAUFMAN, LTG. 3300 PIPER JAFFRAI TOWER MINNEAPOLIS. MINNESOTA 55402 JAMES A PAYNE TCLCPNONC O RANOALL ROYER OAVIO A JONES 6IZ-333-A800 BRIAN N.JOHNSON .EE C SHCCHY "MOTHT w AUCA AL-4 FRICON T[LCCOPIEP CAROLB SWANSON L[SLIC 01-LIETTE '431 OIS-334-2713 BRUCC A PETEeSON MI C N At T. NI LAN -321 S12-33.-278, JULIC A. SWEITIER ROBERT H. LYNN THOMAS C. MICLENMAUSCN THOMAS M. SIPKINS 1311612 -334-2S03 MICHAEL O.CMRISTCNSON R000 RT C MOILANEN J. MICNAC� SCHWARTZ THOMAS F NELSON TOOO M JOMNSOM THOMAS J RAOI0 SUITE 2400 JEFFRCY P. CAIRNS OAVID L.HAIHMALL 1200 SCVCNTCENTH STREET LOUIS P. SMITH KATHLC EN M. MARTIN OCNVCR, COLORAOO 00201 BRUCE M. LITTLE J OHN C CHILOS MARK r P3 DOUOLAS P. SEATON TELEPMONC 303-493-1100 00 RUB BOLL 1 PONESS^ TNOMAB C 1ANNER TELECOPIER 30.11-4093-2104 BRYAN L. CRAWFORD RICHARD A. KAPLAN MATTMCW C. DAMON BRUCC B M-PHCCTEMS SUITE 300 SOUTH JOHN N PROVO 1 COT, [. RICHTER ,BOO M STREET, H. W. CLLCN SUC PARKER PAUL J. LINSTROTH WASHINGTON, D. C. 20036 OREGORY 0. aMOOKCR SCOTT A.:MIT. TCLCPMONC 202-088-5300 WILLIAM M. OJILC. JR OONALO LCWIS TCLCCOPICR 2OZ-B2B-531B T[He C[ A. COSTCLLO H EL12ABCTM A. THOMPSON JOSCPN O. VASS KCI+N J. MALLELAND (DIRECT DIAL NUMBER BRIAN W. OHM MARK B.PCTERSON (612) 334-2549 ST[VCN A. CN CLCSNIK February 7, 1989 Ms. Jeanne Mabusth CITY OF ORONO P. 0. Box 66 Crystal Bay, MN 55323 Dear Jeanne: OeCOORY 1,. SCOT, ROSANNE O ZA10CNwCBCR ROBERT C CASTLC- TNCRCSC M HANKCL —JL1C FLCMINO- OL►C DCBOIRAN A. C,YSON ZACMCRY M. JONCS SCHSON K. NIMITNCY KATMRYN M. wALKCR OCOROC — SOCHA SMANC R. ACLLCY SUSAN M, V E19 MARK P. TCN CYCK OUANC R NOCCACR OF COUNitL ,*CD -MORRISON •ADrI♦+tD �N �D+Iw •wDMlTltO IN '.LINOIi Listed below are re-olutions which have been filed _n torrens property with the Registrar of Titles and returned. Name Resol. No. Doc. No. Date Piled Backerud, Rodney - North Arm Aasoc. 2302 1990970 February 1, 1989 fi �� CattEi�e 2492 1990970 January 26, 1989 o n (COT 4496296) 2530 1990969 January 26, 1989 If you have any questions, please feel free to call either me or my secretary, Paula van De Laarschot (334-2656). Very tru1- yours, 2; ��iu L Nancy R. Rusnik Legal Assistant InV3(1) k 4 I A_^ AAL'e5 tmkDWVelR- 1a 28.3 x Y2.3 -A1/97 s L ., 12 it E. (., . 312. G titac� 2'V )12 � _ !g s z Drt�v �'9 2 3 x 2 `/ = 552- LC) It zzo zt Iry 0... /NCI• Sia&44COA $x.3C.; 4�io S, A40t,m Arc - Rew 2, x 7 S_ Abc wc•%r of -MrA L �.• -------------- 7 t Nam' c) Rbmover i lo' x2of sF�'� 1 r•• Spa f-,p4< N'i't l i19� •'M s-7�' r S/'�wa.X 3$Q'��v �to,yeo 54, . PO,450 'L4.3 xVt 3 • �� c �. > >. �retvJoN� r hurt s 12 Y G► S AL owvo F� f ��( ! 7 s� . G /- L�1 >< z 3 - S S 2 1 LJENT wt�w�s Room 4 . / S 70 !1(yt»T1ANS /r� p.ls', T7u+.ri 2Zx2`i 57 G�Xt��'�" P. 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