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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28 , 2005 7:00 o'clock p .m. (9 . #05-3081 ZB CONSTRUCTION, INC., 26xx KELLEY PARKWAY (OUTLOT E, STONEBA}J, Continued) adoption at the March 14th City Council meeting reflecting one elevator, 83% indoor parking, and additional landscaping around the parking area for the Stonebay lofts, 2670 Kelley Parkway. VOTE: Ayes 5, Nays 0. *10. #05-3083 CITY OF ORONO -CMP AMENDMENT -PRELIMINARY APPROVAL Murphy moved, Sansevere seconded, to conditionally approve 2000-2020 Comprehensive Plan Amendment #3 adding certain properties along Myrtlewood Road and 25 South Brown Road to the defined Metropolitan Urban Service Area (MUSA) subject to review and comment by the Metropolitan Council, and direct staff to submit the amendment to the Metropolitan Council. VOTE: Ayes 5, Nays 0. 11. #05-3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD-VARIANCE- RESOLUTION NO. 5288 Gundlach stated that the applicants were requesting a front yard setback variance to permit a front yard setback of 72' when 77' cmTently exists and 100' is normally required in order to construct an attached 2-stall garage adjacent to the existing single stall garage. She indicated that staff would recommend denial of the request as submitted; however, staff would recommend approval of a front yard setback variance of 77' which would not increase the existing non-confonning front yard setback. James Olson read from his prepared statement that it was their intent to increase the curb appeal of their home, maximize space, and minimize impacts on views with their design. He urged the Council to support their request, since they own a 3.5 acre property in the 5 acre zone . Olson pointed out that the 72' setback would not impact any views for him or his neighbors and that they had provided written acknowledgement of their support and indicated their surprise that he needed variance approval at all. Sansevere asked what staffs objection to the 72' was. Gaffron stated that the applicant would be increasing a non-conformancy. Mayor Peterson noted that the current layout of the home would be dramatically impacted if the applicant were forced to satisfy code. Olson stated that, due to the angle of the home on the site, it is not easy to reposition the addition without further encroaching on setbacks, the septic site, or adversely impacting existing trees . In a ddition , repositioning the garage addition would impact views from the back of the house and deck. White stated that the planning commission had a difficult time coming up with a hardship after a great deal of discussion. PAGE 7 of 10 ', :1 :1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o'clock p.m. (11. #05-3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD, Continued) Gaffron noted that staff found enough hardship to allow them to remain at 77', as opposed to the increased 72'. Olson reiterated that, due to the placement of the septic, drainage, slope of the land, and trees, they could not come up with a better solution or design. Mrs. Olson interjected that they had hoped to add some architectural interest to a 60's rambler. W11ile he wished Council could give the applicant exactly what he wanted, Sansevere was hesitant to set new precedent without hardship and not being consistent. Attorney Barrett stated that he had not heard formal hardship which would warrant an additional 5'. Since building a detached garage elsewhere on the site would cost them valuable pasture land for their horses, Olson asked whether the Council would consider allowing them to continue across the front line of their foundation rather than setting it back from the current straight line. White stated that he was willing to extend the footprint of the foundation in keeping the look of the house. He felt this would be consistent with the design of the home to allow the applicant an additional 2'. White moved, McMillan seconded, to deny the original variance request, but to adopt RESOLUTION NO. 5288 with revisions that would permit a variance for the continuation of the current front foundation line for construction of the proposed garage addition for 4360 Bayside Road. VOTE: Ayes 5, Nays 0. *12. #05-3087 ANDREW AND MARCIA FREESE, 2914 CASCO POINT ROAD - VARIAN CE -RESOLUTION NO. 5289 Murphy moved, Sansevere seconded, adopting RESOLUTION NO. 5289, a Resolution granting a hardcover variance for the 75'-250' zone and an average lakesbore setback variance for 2914 Casco Point Road. VOTE: Ayes 5, Nays 0. *13. #05-3088 MICHAEL KURUVILLA, 850 WAYZATA BOULEVARD WEST- CONDITIONAL USE PERMIT -RESOLUTION NO. 5290 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5290, a Resolution granting the conditional use permit and sign variances for Orono Montessori School located at 850 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0 MAYOR/CITY COUNCIL REPORT Murphy introduced Gabriel Jabbour who had just returned from a meeting with the Veterans Board regarding the Big Island Vet Camp property and wished to make some comments. PAGE 8 of 10 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 22, 2005 6:00 o'clock p.m. (#05-3083 City of Orono, Comprehensive Plan Amendment, Continued) to the Wayzata sewer and water extensions to provide capacity and service connections for fut11re service of the Myrtlewood neighborhood. Gaffron indicated another area proposed to be included in MUSA is 25 South Brown Road, which is an existing developed property located just south of Watertown Road with a failing septic system. The house was originally constructed in 1940 and consists of 3.0 acres with 1.5 acres of filled or disturbed soils unsuitable for septic with the remainder wooded. Gaffron noted the proposed amendment would need to be submitted to the Meirnpolitan Council for their approval. Gaffron stated preliminary discussions with Met Council indicate that because the area of the amendment is less than 40 acres and would have no impact to metro systems, the amendment will likely be considered as minor and approval is expected in the near future. There were no public conm1ents relating to this application. Leslie noted lack of sewer expansion has been an effort to contain density in certain areas and inquired what impact this would have on the densicy in those areas. Gaffron stated this expansion would not provide for any subdivisions and would not impact the density . Rahn moved, Fritzler seconded, to reconunend approval of Application #05-3083, City of Orono, South Brown Road, Comprehensive Plan Amendment -MUSA Boundary. VOTE: Ayes 5, Nays 0. 5. #05-3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD, VARIANCES, 7:00 P.M. -7:12 P.M. James and Patricia Olson, Applicants, were present. Gundlach indicated the applicants are requesting a front yard setback variance to permit a front yard setback of 72 feet when 77 feet currently exists and 100 feet is nonnally required . The applicant is proposing to construct an attached 24' by 30' two-stall garage adjacent to the existing single stall garage. The property is located in the RR-lA, One Family Rural Residential DistTict, which has a five acre minimum, and consists of 3 .51 acres. Staff finds that there is a hardship that supports some degree of front yard setback variance. The existing house was constructed prior to adoption of the current zoning regulations, including the 100-foot setback. St aff r ecommends denial of the request as submitted since the request for a variance at 72 feet is not consis tent with previous approvals and denials as it would increase the nonconformity. Staff would, PAGE9 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday, February 22, 2005 6:00 o'clock p.m. (#05-3084 James and Patricia Olson, Continued) however, reconm1end approval of a front yard setback variance of 77 feet, which would not increase the existing non-conforming front yard setback. Gundlach noted the applicant would have to redesign the garage to achieve a 77 feet setback. Mr. Olson indicated in discussions with his builder and other contractors that the reconm1ended option was to constrnct the garage in this manner and that there are potential water damage issues if the design is changed. Kempf inquired whether it was reconm1ended to relocate the windows. Olson indicated that was the recommendation. Ralm inquired whether the garage is 30 feet front to back. Olson stated it is. Ralm questioned whether the length of the garage could be shortened. Rahn stated he is unsure where the peak lines up with the windows but that in his opinion there are a number of options that the applicant has. Rahn noted the Plaiming Commission has consistently not allowed further encroaclm1ents. Ralm reiterated in his view it could be redesigned. Leslie conunented the garage could be angled. Olson stated the rationale for going the direction they are proposing is to avoid the need to remove tlu·ee large pine trees. Rahn asked for public comment on this application. There were no public conunents. Kempf stated it is unlikely that the Planning Commission would allow continued encroachment and that there are a number of options that the applicant could consider for this project. Kempf stated in his view it does not appear likely that the Planning Conm1ission would allow the garage to be constrncted toward the stTeet any further than the existing setback. Olson inquired whether a 24 by 24' garage would be an option. Leslie stated in his opinion there are a number of options the applicant could employ without further encroaching into the setback. Olson indicated the house met the setbacks at the time it was constructed and questioned whether there is any grandfathering allowed. PAGE 10 MINUTES OF TIIE ORONO PLANNING COMMISSION Tuesday, February 22, 2005 6:00 o'clock p.m. (#05-3084 James and Patricia Olson, Continued) Leslie stated the Plmming Commission is taking into consideration the fact that this house was constructed prior to the current codes and that the City has allowed the 77 feet front yard setback. Ralm stated he is in agreement with Staffs reconm1endation. Ralm suggested the applicant consider revising his plans. Mrs. Olson stated the existing tuck-under garage is recessed and that they are frying to improve the appearance of the strncture by changing the roofline. Rahn noted that side of the house is located 77 feet to the stTeet and that in all likelihood there is a design element that could be utilized to achieve the 77-foot setback. Leslie moved, Kempf seconded, to recommend approval of Application #05-3084, 4360 Bayside Road, with the condition the proposed garage be located no closer to the road than the current 77 feet front yard setback. VOTE: Ayes 5, Nays 0. Bremer indicated she would have allowed the strncture to be constructed at 7 5 feet. Olson inquired whether the setback goes from the corner of the foundation or the overhang. Rahn indicated it is typically the foundation and not the overhang. Gundlach noted the overhang in that situation should not exceed one and a half feet. 6. #05-3085 J1JL ANN, INC., 3455 SHORELINE DRIVE, COMMERCIAL SITE PLAN REVIEW, 7:13 P.M. -7:40 P.M. Harry and Julie Kreslins, Applicants, Paul Overson, son of the property owner, were present. Gundlach stated the applicant has requested a conm1ercial site plan review in order to relocate her existing business across the stTeet to 3455 Shoreline Drive and to obtain an occupancy and/or building permit for property located at 3455 Shoreline Drive. The applicants are proposing to convert an existing lmver level vacant space into a beauty shop/salon, which is a permitted use under the B-1 zoning district. Gundlach noted typically permitted uses do not require Planning Commission or City Council approval but it was discovered by Staff that this space never received any legal occupancy permits, which is the reason for the commercial site plan review. The purpose of the conu11ercial site plan review is to verify adequate parking, safe and legal access, signage in accordance with the sign regulations as well as a ;C'leral review of the site. Gundlach stated currently there are two accesses to this site, one at Shoreline u1, i~ C.x the :olreet level businesses and one through the Keaveny site to the direct east off of Kelly PAGE 11 J<m,%V ()fEDWTION r E){l4t f?T' fO I.A.~D vv I N 6 CAT'{ CO v N Ll ~ Af P fU>V .N-, Of 2,j-ii\o~ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 (B) FILE NO. 05-3084 WHEREAS, James A. Olson and Patricia E. Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 4360 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows : That part of the West ½ of the Northwest ¼ of the Northeast ·¼ of Section 6, Township 117, North, Range 23 West of the 5th P.M. described as follows: Beginning at the Northwest comer of the Northeast ¼ of said Section 6; thence East along the North line of said Northeast ¼, 514 feet; thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Road which extends across said Northeast ¼; thence Northwesterly along the centerline of said County Road to the West line of said Northeast ¼ and thence North along said West line to the point of beginning, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached garage 72' from the front lot line when 100' is normally required and where a front yard setback of 74' was recommended to allow for extension of the front foundation line of the existing home and attached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3084. 2. The property is located in the RR -lA, Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet. The applicant's property is 3.51 acres in area with 426 feet of width. Page 1 of 5 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005. The City Council reviewed this application at the regularly scheduled meeting held on February 28, 2005 and recommended approval of a front yard setback variance to allow a setback of 74 feet based on the following findings: a. The existing house, which has a setback of 77', was constructed prior to adoption of the current setback requirement of 100'. b. Approval of the front yard setback request of 72' would not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 7 4' by allowing the garage no further forward than the extended front foundation line of the house will result only in a slight increase in the non-conformity. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached garage 74' from the front lot line when 100' is normally required so that the front foundation line of the existing home and garage can be extended, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 3. 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. 4. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28 th day of February, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ---- municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2005 by James A. Olson, husband ofPatriciaE. Olson, husband and wife. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Patricia E. Olson, wife of James A. Olson, husband and wife. Notary Public Page 5 of 5 ' I • uJ I" f\ ,,...., "" u::: .... ' "a ~ \ \ \ \ \ (J) ....) wO f-0:.: 0 Cl -s::t z w-s::t WI C"") 0 f-~ 0 (J) . wO (J) . f-w w! o_] f-' zw o; w c:a Z· o:S W' o: • @ ZONING FILE: 05-3084 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 1, 2005 TO: James & Patricia Olson 4360 Bayside Road Orono, MN 55359-9438 TYPE OF APPLICATION: COPIES: Front Yard Setback Variance DATE OF MEETING: February 28, 2005 VOTE: 5 FOR 0 AGAINST Motion: To approve per the :findings and conditions of the resolution previously mailed to you with the following revision: • The front yard setback approved would be that of extending the current front foundation line of the home, not the 77' recommended and approved by staff and the Planning Commission. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than February 28, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. I , I I t -. I ~ I Date Application Received: 1-18-05 Date Application Considered as Complete: 1-18-05 60-Day Review Period Expires: 3-18-05 Department Approval: Name: Janice Gundlachj'.:) Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: February 24, 2005 Item No.: Agenda Section: Zoning Item Description: #05-3084, James & Patricia Olson, 4360 Bayside Road-Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits RR-lA, One Family Rural Residential District (5 acre minimum) 3.51 acres (153,157 s.f.) 426 feet A Resolution per Planning Commission Recommendation B -PC Action Notice 2-23-05 C -PC Memo and Exhibits of 2-17-05 Application Summary: Applicant requests a front yard setback variance to permit a front yard setback of 72' when 77' currently exists and 100' is normally required. The applicant is proposing to construct an attached 2-stall garage adjacent to the existing single stall garage. Planning Commission Recommendation The Planning Commission voted 5-0 to approve a front yard setback request in accordance with the staff recommendation noted below. Staff Recommendation Staff recommends denial of the request as submitted. Staff would however recommend approval of a front yard setback variance of 77' which would not increase the existing non-conforming front yard setback. The applicant will have to redesign the garage to achieve a 77' setback. A resolution consistent with this recommendation is attached for your consideration. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a front yard setback variance of 77' when 100' is normally required to allow construction of an attached garage for 4360 Bayside Road. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-395 (B) FILE NO. 05-3084 WHEREAS, James A. Olson and Patricia E. Olson, husband and wife (hereinafter "the applicants") are the owners of the property located at 4360 Bayside Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of the West ½ of the Northwest ¼ of the Northeast ¼ of Section 6, Township 117, North, Range 23 West of the 5th P.M. described as follows: Beginning at the Northwest comer of the Northeast ¼ of said Section 6; thence East along the North line of said Northeast¼, 514 feet; thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Road which extends across said Northeast ¼; thence Northwesterly along the centerline of said County Road to the West line of said Northeast¼ and thence North along said West line to the point of beginning, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow construction of an attached garage 72' from the front lot line when 100' is normally required and where a front yard setback of 77' was recommended for approval so that the existing non-conforming front yard setback is not increased. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3084. 2. The property is located in the RR -lA, Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet. The applicant's property is 3.51 acres in area with 426 feet of width. Page 1 of 5 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of a front yard setback variance to allow a setback of 77 feet based on the following findings: a. The existing house, which has a setback of 77', was constructed prior to adoption of the current setback requirement of 100'. b. Approval of the front yard setback request of 72' would not be consistent with past approvals on lots with similar conditions. c. Approval of a front yard setback variance of 77' will not increase the current non-conforming setback of 77'. d. The request to increase the number of attached garage stalls from the existing single stall is a reasonable request based on the current construction trends. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-395 (B) to allow Page 2 of 5 construction of an attached garage 77' from the front lot line when 100' is normally required so that the existing non-conforming front yard setback does not become more non-conforming, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City. staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 3. 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. 4. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 28 th day of February, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ---~ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of ____ ~ 2005 by James A. Olson, husband of Patricia E. Olson, husband and wife. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Patricia E. Olson, wife of James A. Olson, husband and wife. 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The conlroctor :iholl out of hi!I foih.irc lo exoclly 2.) Conlnr:l GOPH[R STAT( lor.olion of utilities prior lo .3,) A !Ille opinion wo1, not for r;,r\s\ence or non-nb\er conduclod by lh1:1 surV1:1yor f ~-) Area "" Cross: 166,621 Righi of Way: lJ,,rn) He!: 1SJ,1: Area ... Ovllol A, JOHHSON (re 5.) ZCJnin9 nnd 3c\bnr.\1 ir,lo Zoning: RR-1A -Ono fornl Sntbac~n: front -100 lc,c lfo<>' 100 ~ ~( Slrccl Sit.le O I~ 6.) Survey c:oordinole ond b 7.) Minne:Joto Stole Statute Mop!I or plol:, mod lo< rcco or tronsfef \ilia to lho pror pvrpo!l(J!l, B.) Any rnodific:olion 1 □ lhi!l Urn :,urvcyor !ligning lhb c:e nullify tho validity or \hi:l :11 9hofl conntllula valid certilir 9.) lnfufn1olion !).hoi:,rfl hr.rr:c informotlonol purpo:u: only, 10.) Eeorlng ,hoftn In porof I horahy corUI\• lh:il thir. pb11 nr r.po 11ru)<?1 my dirncl :;upnl'lir.1011 ;uul 111; U!ltltU tho ll\WS nl lht:i S/;tlO ur Mirmr ZONING FILE: 05-3084 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: February 23, 2005 TO: James & Patricia Olson 4360 Bayside Road Orono, MN 55359-9438 TYPE OF APPLICATION: COPIES: Front Yard Setback Variance DATE OF MEETING: February 22, 2005 Planning Commission recommended as follows: Approval consistent with the staff recommendation, which permits maintaining the existing 77' non-conforming front yard setback, not the 72' setback originally requested by the applicant. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council-Monday, February 28, 2005; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. e This Side Ink Jet -Image Other Side All others -Image This Side Ink Jet -Image Other Side All others -Image This Side Ink Jet -Image Other Side All others -Image Thi, fi:<Df'l .; .,U 'l<ee f e e s 19n Assoc1a ·Leo I I /, I I i I I i .,... .,.J,-,,,.,, ••'• ,,, .. l -·r 'r-2> ,~ ! ,- KP I = } ' I I Jfr.,,,,._ ,,/li' rs;;"·~·\:\,~ \\::,,,..,:;_:_;:,)' 7 i ~ ~11----11 =I JTHTTUV'i'.J' .,. :S?:fJ~l.::'; ~~;;, . · >r.:-:·1 ~?9 I i i Ink Jet-~ lm~ge Other Side All others -image This Side ~'.-l8, '= t-Jf::l . 1 --1 ~J- µJ I I ' I Ink Jet -Image Other Side All others -Image Thi s Sid e Ink Jet -Image Other Side Al • 0 ~ §C'1-~t42r- "I . 71.-. .• ---•---=---,,-----.. --,.,-,, -~ ~ _::c. p ~ U' :C) 0 J:,,... ;j -'----+ ? e.---- " 1-=· ~ /I -tS Is .:::i ' ~ :s < " "O en J 0 ~ "' .§ ~ .., :s " -0 en ~ ~ .§ ~ i ~ " -0 en § g, "' .§ .!! :s ~ en "' i§ ~ .§ ~ -5 0 < ~ en J 0 j jj r .,. ~, (_.,. .,.... .>~ .,.., J,.,. 1...\1 FllD lflOH WOii~.--·· (_;'/2' CM>PED_..- .,,. -1 ;Ir J,.,. 'r (0 ~ NW C!: Of' 'l'HE ,-.(1/4 /.,.r:F SE 6, Tf<P,117, RC£.2l I rnD H(H ~N COUNTY LION . CAST ~ u~uup~T I I I I S89°!ii7'0O"!; .(~SJ 514.00 '-HC)f(TH Ulf[ ~ l1HE HW1/4 OF'" lHE" H£.l/4 OF S(C. & "40 IJlOt-1 UON, ~2•CP£N net,, --'M':S I LIN( OF n,r 11111;, OF 11-IE HEI/A~OF stc. B i 7 1 :'.! ~ I I I I I P0-I I ~ I ,---~--k~,.?~-~·=·-·-·-·-·~---L.-tJ.. ✓;,"?· ·--\ ~~-' I ·t~:~( -t!Ult.U!!IG S~iOACi~ ll!i!;°5 h.....,, ·~ ~-\ ✓• C..-_; Cj 0 (y ,. \ I\ 1 1:1'." -1 I A •~C\ / .,. \ ~ r'\ r.: v,-s;;.-c.sJ • t;, \ '\, % \ 'q. .\ \ l ~SHED MU. \/ @ T~~'r). ~ ; ;· ,~[;[.:i'-3 I I I --- I I I I .~"' .&'.f ~/:-;* tl§l ~---,,., ,✓- ~ c/ -t} I 1...1 /-.S !--/ ., ' I,- ' "'"" -.... ··, () O 0ENOTES 1/2 INCH BY 14 INCH IRON PIPE SET IN THE GRGUND At,/0 MARKED BY LICENSE~NO. 40344 • DENOTES A FOUl•JO IRO!. M13NUMENT AS LABEl,EO. @ DENOTES HENN~PJN COUNTY CAST IRON MONUMENT Tho\ por\ ol lhc Wes\ l/2 c 117, Nodh, Range 2J w~:sl c corner of Iha Norlheosl I /4 Norlhco:!t\ 1/lo, 514 lctl~ lht CMlhr line of the County Re NorthwGB\erly along the cont ond lhcnce Noclh along :sold Stoles Covcrnmenl ·Sur111:y II !!lQill 1.) Thi, ,urvey doc, not pur determine \he c~ocl locotior work. The conlroclor shell out of hi!J failure to cxoclty 2.) Ce><>\or.l GOPH[R STATE locolion of utilities prior lo 3.) A !Ille opinion was not for eJ1\!l\r:ncc or non-e1:l:1\er conduclad by lha surveyor 1 -t.) Area "' Cross: 166,621 Righi cf Woy. 1.l,◄6) Nel: 15),1! Area "" Ovllol A, JOHNSON (Fe -5.) Zc.ini-ng ond :,c\boc.lc !nfo Zoning: RR-1A -Ono Foml Satboclu; Fronl -100 le-a Rear -100 Side -5{ Slrccl Side -100 le 6.) Survey coordinate and b 7.) Mlnne,oto Stole Stotute Mop, or plot., lllod for rcco or tron,fe-< lil1o to tho pro~ pvrpoSIJ5. 6.) Any modificolion lo lhis the :surveyor :signing thi, ce nullify lha validity of lhi, Sl 9holl conalllulu valid cerlific 9 .) lnformolion shown her ec informotl011ol purpo:ic only. 10.) Bearing Dhown In parer I horolly cnr1,ly lh:ll thi!. pl:1n or !:f!O 11ndc1 my dirocl ::a1i,nrvir.l o11 ;;md th : Ut\dOf Iha 11,ws ol l111J St;,io nf Mfnui ie A,11 othet -Image This_ Side Ink Jet -~er Side All others -Image This Side I .... I I I .t_;. G • -:_, C\ \ f . -..J \,./ c, ' -'/ I I 1._ f:;., ,..._ • -JAit· / C...J IV l-4_ Ink Jet -Image Other Side All others -Image This Side Ink Jet -Image Other Side ·--~.-.J,.·, ... ~ -I /""\ / / Date Application Received: 1-18-05 Date Application Considered as Complete: 1-18-05 60-Day Review Period Expires: 3-18-05 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner~ February 17, 2005 05-3084, James & Patricia Olson, 4360 Bayside Road Front Yard Setback Variance, Public Hearing #05-3084 February 22, 2005 Page 1 of3 Zoning District: Lot Area: RR-lA, One Family Rural Residential District (5 acre minimum) 3.51 acres (153,157 s.f.) Lot Width: 426 feet Application Summary: Applicant requests a front yard setback variance to permit a front yard setback of 72' when 77' currently exists and 100' is normally required. The applicant is proposing to construct an attached 2-stall garage adjacent to the existing single stall garage. Staff Recommendation: Staff recommends denial of the request as submitted. Staff would however recommend approval of a front yard setback variance of 77' which would not increase the existing non-conforming front yard setback. The applicant will have to redesign the garage to achieve a 77' setback. Pertinent Zoning Ordinance Sections Sec. 78-395. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed: Lot Area (acres) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Rear Yard (feet) 5 300 100 List of Exhibits Exhibit A -Applications Exhibit B-Hardship Documentation Form Exhibit C -Existing and Proposed Survey Exhibit D -Survey dated 4/27173 Exhibit E -Proposed Elevations Exhibit F -Proposed Floor Plan Exhibit G -Photographs Street (feet) 50 100 Exhibit H-Illustration of 24' x 24' Garage at Existing 77' Setback Exhibit I-Adjacent Property Owner's Acknowledgement Forms Exhibit J -Property Owners List Exhibit K -Plat Map 100 Background #05-3084 February 22, 2005 Page 2 of3 The applicant originally applied for a building permit in December of 2004. At that time the Building Official required that the applicant obtain a survey. Upon submittal of the survey it was discovered that the proposed garage would not meet the required 100' setback from Bayside Road. Upon examination of a survey dated April 27, 1973 it was determined that the house was probably constructed with the intent of meeting a 100' setback from the centerline of the roadway, not the edge of the right-of-way. The applicant then met with City staff and completed all the necessary submittals in order to apply for a variance. LOT ANALYSIS WORSHEET Lot Area/Width RR-lB Lot Area Lot Width Required 217,800 s.f. (5.0 acres) 300' Actual 153,157 s.f. (3.51 acres) 426' Setbacks LR Required Existing Proposed Front 100' 77' 72' Rear ( north) 100' 240+' 240+' Left Side NIA NIA NIA Right Side ( east) 50' 145' 124' Structural Coverage This property exceeds 1.99 acres and is not subject to structural coverage requirements as outlined in Section 78-1403. Hardcover Calculations This property is not located within the Shoreland Overlay District and is not subject to the hardcover restrictions outlined in Section 78-1288. Front Yard Setback Variance The applicant has requested a front yard setback variance in order to construct an additional 2 attached garage stalls. The existing setback of the house is 77' where the garage will be setback 72'. The applicant has proposed a 30' deep and 24' wide 2 car garage. Because a 100' front yard setback is required and only 72' is proposed, a variance is necessary. Hardship Statement #05-3084 February 22, 2005 Page 3 of3 Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keep inf( with the spirit and intent of the Orono Zoninf( Code. Staff finds that there is a hardship that supports some degree of variance. The existing house was constructed prior to adoption of the current zoning regulations. Also, past setbacks were apparently measured from the centerline of the roadway because the property is legally described to the centerline of the roadway. The northwest comer of the house meets a 100' setback from the centerline of the road, but because the lot line curves with the roadway the southwest comer is shown at a 95' setback. The existing Zoning Ordinance which was adopted in 1975 established the front lot line as the edge of the right-of-way, which occurred much later than construction of the house. Now that a hardship has been established, it should be determined to what degree a front yard setback variance should be granted. It is clear that an attached garage cannot meet the 100' setback because in moving that far off the front lot line it would no longer be attached. In the past the Planning Commission has granted variances for situations such as this, however no increase in the non-conformity is usually granted. Therefore, staff finds that the applicant could revise the depth of the garage to 24' so as not to become closer than 77' to the front lot line while still providing egress from the two windows off the 2nd story of the existing home by creating a notch in the roof which would not be visible from the road or end view. Issues for Consideration 1. What degree of a front yard setback variance should be granted? 2. Should an increase in the existing non-conforming setback of 77' be permitted? 3. Is it reasonable to grant a variance for an attached garage when a detached garage could be constructed on the site within all setbacks? How about a 3-car total attached garage? 4. Are there any other issues or concerns with this application? Staff Recommendation To deny the 72' front yard setback variance request. Staff would recommend approval of a front yard setback variance of 77' which wouldn't increase the existing non-conforming setback. The Planning Commission should advise the applicant to redesign the garage in order to achieve a 77' setback. /, EXHIBIT A City of Oron o Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-.4600 fax : 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 5532:3-'.}066 Application # ~e:; -J_;{j 3 '-/ Date Received : ljJg7~15 Amount Paid : _ b7iii. "lio Staff : JIWJlE Fee : $600 ---'--:::-:-::-::--------Renew a I: $300 ---'---::---------A ft er -the -fact: $1,200 Double Fee This application form must be completed in full. Ap~ :cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATIO ~ . n. fl . \ Site Address: 40UJ(J) <J:5~-S ,cR_su K,00.Q {J--v-cM-O , WJ J\J Property Identification Number (Fliilj): {Z)Lo -JJ,7-d-3-L& -CD(p0..1_ (Attach legal description to application if not inc lu ded on the survey.) Date Property Acquired (m _onth/year): ~ □ Yes, I own the adjacent parcels . Present use of property: ~ Residential □ Other Zoning District: RR-JA ---------------- rital status required for each interested party) DESCRIPTION OF REQUEST: .-·17 I; '/ '.·: ·., 1._·1 I.• , f · .... .: .. ._ :..:,..;,, REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Completed Hardship Documentation Form Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey -including existing and proposed elevations. Provide one copy 8.5'' x 11" or 11" x 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant's Signature: Date ~?i fJfJlY5 Date: 7 OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: ~ Owner's Signature: Date ~7~ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .*) Street Address: Mailing Address: For Office Use Only: 2750 Kelley Parkway Orono, MN 55356 P.O . Box 66 Crystal Bay, MN 55323-0066 City Planner: _._~ ,__/4N-"---'-Jt£'--=;c-~~~~-~--- Meeting Date/Time: fi/Zf/Dlf JOA-M Main : 952-249-4600 Fax: 952-249-4616 PC Date: fg;. z:zµj.,' What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: h'\ 1 Site Address: 4 3lOO r~~~ J;::()'x~ Property ldentificatio9i Number {PW): Zoning District: RK-JA Size o_f _P_ro_p_e-rty_:_3 -:&-~~-~~~--J--------- DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover □ Lot Coverage □ Lot Area □ Other: @&t:ft_ bl (l/llrn Aj£ Sr~Ptrt-. ~Front Yard Setback , □ Lot Width fz,;/l- Applicant's Initials:~ HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature ~-~-· --'-'--------=---""-"""'-"-n_---------Date: ~~; ~ 7 Q) As of January 1, 2004 the Building & Zoning Department has implemented a new process for applying for variances. PLEASE READ THE ENTIRE PACKET TO A VOID UNINTENDED DELAYS IN PROCESSING YOUR REQUEST EXHIBIT B Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meet ing agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27 , Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated . HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community . To prove a hardship, address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception , you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a den ial or approval recommendation . If you leave something out it will not be considered . Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official c ' ' !Q._,., 2 . 3 . 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 5 . 6 . 7 . 8 . 9. 10 . 11. Page 2 of 3 "Undue hardsh ip also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd . 2, when in harmo w s Chapter." /11 B !)r/-:(}. 1 c ~ ff C>a?tDux0 ./cvvfl..tr "The Board or Council may permit as a variance the temporary use of a o[(l',-~mily di,yell·n as a two-family 9 e~: !hJ+tl ff )r 6mvttJ (j~~ "The granting of the proposed variance will not in any way impair health , safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning ,Wt , ·:;J~~ -~JLwf/i., Q,,,L1,:s:,;~ a1/t'l 12 . Page 3 of 3 ~=~~-=---:..=:::;.-=+-J---HF=~~=--==~~~=;i-+-=-~~~~ ~ ~Y5 =~..:.::;' ~~:2..LL-1=-=ur-~;~W~=!........'.....=~.::..:..::..L~Ll..lLl=~~I....L....S.,~::::..,..::.-=~fV;~. ~ ~v»Jµ~a f,orv -fo-H&_,,~~_j or!k1Nd OJ~ /}s l1i1 po'&:;/b/<(0 ~-6.., l.h¥ltt~ ~c)yd..f~. Hards h ip Statement Should you feel the hardship cannot fully be described in the above criteria , describe the unique hardship , practical difficulty or unusual property conditions preventing compliance w ith Zoning Ordinance requirements in the following lines (attach addit ional sheets if necessary): ' - ---FND IRON MON. :::::--,,_ RLSJ17025 N89°45'42"W 153.21 -q ---.::::.__--- ~\'HEELER --- NW CORNER OF THE NE.1/4 / 'OF SEC.6, TF.117, RCE.23 I FN0 HENNEPIN COUNTY MON, CAST 1RCW MONUMENT • \ \ \ S89°57'00"E (EAST) 514.00 '-NORTH LINE OF 1HE NWl/4 OF THE NE1/4 OF SEC. 6 ~~~'CJ 1 1 -, t • I I / ~SHED I I I I I I FNO IRON UON. 1/2" OPEN IRON o DENOTES 112 INCH BY 14 INCH IRON PIPE SET IN THE GROUND AND MARKED BY LICENSE NO. 40344 e DENOTES A FOUND IRON MONUMENT AS LABELED. @ DENOTES HENNEPIN COUNTY CAST IRON MONUMENT EXHIBIT C NORTH 40 20 0 20 40 BO SCALE IN rEET DESCRIPTION Of SUBJECT PROPERTY That port of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 6, Township 117, North, Range 23 West of the 5th P.M. described as follows: Beginning at the Northwest corner of the Northeast 1/4 of said Section 6; thence East along the North line of said Northeast 1/4. 514 feet: thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Rood which extends across said Northeast 1/4i thence Northwesterly along the centerline of said County Rood to the West line of said Northeast 1/4 and thence North along soid West line to the point of beginning, according to the United Stoles Government Survey thereof. ond situote in Hennepin County. Minnesota. 1.) This survey does not purpor\ to show ony utilities. The contractor sholl determine the exoct location of ony ond oll existing utilities before commencing work. The contractor sholl be fully responsible for any ond all domoges arising out of his foijure to exactly locate ond protect oil existing utility facilities. 2.) Contact GOPHER STATE ONE CALL at 651-454-0002 for precise onsite location of utilities prior to ony excovalion. J.) A title opinion was not furnished to the surve)'Of' and no specific title search for existence or non-existence of recorded or un-recorded easements hos been conducted by the surveyor os port of the survey. 4.) Area • Gross: 166,621 Sq. Ft. -3.82 Acres Right of Woy: 13,463 Sq. Ft. -0.31 Acres Net: 153,157 Sq. Ft. -3.51 Acres Area • Outlot A, JOHNSON WHEELER 1ST ADON.: 9,625 Sq. Ft. -0.22 Acres (F'or informotionol purposes only) 5.) Zoning and setback informotion os provided by the City of Orono Web Site: Zoning: RR-1A -One Fomny Rural Residential District (5 Acre) Setbacks: Front -100 feet Rear -100 feet Side -50 feet Street Side -100 feet 6.) Survey coordinate and bearing basis: Hennepin County 7.) Minnesota State Statute 3838.603 Subd.2 (Hennep;,, County Highways) states: Mops or plots med for record under this section shall not operate of themselves or transfer title to the property described but such mops shall be for descriptive purposes. 8.) Any modification to this survey or sketch performed by any person other than the surve)'Of" signing this cerlificolion or persons under his direct supervision shall nullify the volidity of this survey. Only on originol survey with on original signature shall constitute volid certification. 9.) Information shown hereon for Outlot A, JOHNSON WHEELER 1ST ADDITION, is for informational purpose only. 10.) Bearing shown in parenthesis ore os shown on legal description. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly license<!. land surveyor under the laws of the State of Minnesota. Dated this 20th day of December, 2004. SATHRE~BERGQUIST, INC. David 8. Pemberton, Minnesota License No. 40344 r REVISIONS " BY ADD SEPTIC & WELL DBP 1/11/05 '- 0 () 0 0 z "? '° .... ..,. ~ >-w 0) > LO 0::: z (") -0 LO :::, 0 0::: LO (/) (f) Q) .£9 LI.. ....J -0 0 0 0 ·-1/) 1/) Q) w E.~ I-(f) <C w 0~ (.) ~ <D u:: (") 0 i== <( "SI" C: """) 0 0::: .... w 0 (.) '- DRAWN DBP CHECKED GRG DATE 12/20/04 SCALE AS SHOWN JOB NO. 6775~001 FILE: JIM OLSON CERT1F!CATE.DWG SHEET 1 '-OF 1 SHEET".., I',;'. EXHIBITD Sec <:, -· //7-2 ~ _________________________________________ ;;,_ _____ _ · 1?hont: 47.3-8352 ZIP. 55391 :•.·1· .. Walter Benhardus 4360 Bayside .202.d l,laple Plain, l',.:.i:m.t1a OF PROPERTY OF -----------------------,:,0-,,:;J 35 g -tt I A described as follows: See Sheet 2 Scale: 1 inch / {) 0 iE>et. ~~-- \}.) ~ •'•-\ 0 I/'-- -• ·~ hereby certi~y that on Ae&1L 2. 7 19.2.J. I made a survey of the ii !"l location of the building · on the above described property and that the location .,_ (~·b.uilding is. c~.~ectly ~rP the above plat. i ,' -:\ ...... , n. , , . ~ .P. ,a; .✓-~*~i-- -. '-"'~ ll !I\ I ~ \,,t ..... ,_ ,.. // . . . , -f . ._, ..._.. a ; ,"J--:;. . ..(_ ,:> ~.I / , ;, .. --. r ~ / ~~lJ:;~fi i;::i::' :·.·:: · ·. , , ·.• iiJ iiti (i·.· /~. ~-. ~<"_{t C C . .,. I I I I I l I / ; '. "/ • -~' ... .'! l)i.~i~'..tt , CERTIFICATE OF SURVEY /4reby" certify that on A/fill. 2.. -;i , 19 ? .:SI ;urveyed the property described above and that the 1 ; abo~lat is a correct representation,,,c:~{ said survey. ;/ . :: i ~. n , /( iJ ~ -:~J?t. ~_,!}{ ----·--- / ~ :....kJl...v, 0 l::'. i ~i l-<J .. ·· I . " [! I I i I I I ! I ' I ~ i ' I I FROn O'V.eefe Design Associates Si ~ PHOi'lE NO. 952 447 5046 ·..:::i \,-.) _:::c ~ 0 j:,... Q g' :5 F f:i --· #. :;:::: ,__,.. CY ,; cS '. s '111IHIHX3 Mar. 22 2004 12:15PM P1 ... ••!••·,,·,,,_,.,,·1,t,,';._ •. ~., .. ,,...._, ... ~~-~, ... -:---, .... ______ ~-"''~----.. ~I_ ·-/ I I I I I Ii I I ,s:,' I I t-1 I --"Ot:.>(:\ rw~t-Q ;. L 'II.;; o I +----------·--..J. I i <t)' ~ ~ ~ ~. ~ L-- EXHIBITF g-c;;'.--r . .. I V 7fr - I l ' i I I i ( I I ! s ; (Y, -. i ~ i I i I I ! I -z;,~.:z.~L ----t~ I -Y, ~ : I I -I - I I H:=i=·· :::!:::=. I I ·: l j I , I 1 I 'I' i l ""ooe'.) r~i~ioaL~"b !1 : j L ___________ .J oO 1 \ ,1- -1 ) 11 ~-.__ 6 : :1 -1 ~, I ✓ i 1 / __a '--'( I L--j-- ~I I I j -! ...a : -+·· : ::, \ 0 _ I y 0-) ~ I I ' --,. ,._, ___ ,,i--, - tr_.,___..,__ __ -1J I~ 1.---------~: ___ __,_,,_, --~------------{µ cd vJdS i: : c i: 1700c cc · .. revJ 9170£ l1717 cS6 "ON 3NOHd ~~~(~Y _:>_ '.:;_ .;.•: ii:>..:;-, Ill t;,-,_. :.] ? 11 \ ) " . ' .. ~ .. ·-:::.J. ] ., ·•'\ \C ; _;. ~r-:L k::,;·· 1, f} 'l ·-. -,tj~-\ •, '•·~ , I / / / / \ <?. ~ \\ I.fl . ~ \ ~ (.}. . ~ \ ~ . \ WELL \J ~SHED ,-1 A I[) '1 '1 -7 I Vv,. / I / 1 I I I I ..... I EXHIBIT I ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we) ~~/JJ--1/-lc----~ of 4:5c:p.,i~lGl~ [print name(s)] [print address] have reviewed the ~ns for the proposed improvement or proposed use of the property located at f ,8/t,O -~1,, ~ also referred to as Land Use Application No , ____ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Counci l approval. Pro~ l /(:3/o__5 Date Property Owner Date ************************************************************************************************************* I (we) 6 /LL -l /37/16 k/,iu lif'f [print name(s)] of 5i'C Ct?I SID H2'rfd Cr e D<c [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at -'-/3t'LJO 13A:'-/>t (J6:~ also referred to as Land Use Application No . ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. p ~ Date I Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date . / .... _ ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) ~t\ Y\\.O'l\freatz_vO [print name(s)] of ff'ii/(J 841 ~t<k .r<J . [print address] r the proposed improvement or proposed use of the property located at -"--==-.JL.l.~~=~'-"""o<:. also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am , (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Pro ~u[} Date Property Owner Date ************************************************************************************************************* I (we) /1 f}lL J? :IvH,Jso,J [print name(s)] of f/ '/ 5'5" i3A--'f 5 /IJ£ ~tJ A-/J [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at tf ?bO /3#tj9 ,IJ t also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of provement plans and that the proposed neighbor's project or use requires Council approva Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY ow~· ACKNOWLEDGEMENT FORM -Nlo ✓ ,t; 6 tbtv1csr( of lf y & I !S+>'&·ffr tk. I (we) [print name(s)) [print address) have r::wed ~e pfamff or the proposed improvement or proposed use of the property located at "4?/ob ~c.r1~ also referred to as Land Use Application No . ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am , (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Date ************************************************************************************************************* I (we)$,.,L / a/1 [print name( s) ulfr of i[7r J7"yc,dz [print ad ress) lf}Ulwe~~r the proposed improvement or proposed use of the property located at Q~ also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. r Cs ~/ ~--;7 ,,~ Property Owner Date If you have any information that may assist the City in the review of this Land Use Application , please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ? // .,.,.,,:-·.;, ,, en.:,,\ .. = /1!!'" k, .,.....-.:::::?--~ \ ·\ \ . •:~· l ·•\.c'' ' '.. . : :· ~--.... .:·-.. ", .{(.;:;J "··. . / I ' ~/ er:'.,' RUNDATE: 1/7/2005 3 8 061 I 723120001 PROP ADDR 4360 BAYSIDE RD OWNER NAME J A OLSON & PE OLSON TAXPAYER JAMES A OLSON NAME/ADDR 4360 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723120006 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME WILLIAM F KNAPP TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 0611723210007 PROP ADDR 4461 BAYSIDE RD OWNER NAME AARON F & GEORGETTE G J UBAN TAXPAYER AARON F & GEORGETTE G J UBAN NAME/ADDR 21 UNIVERSITY AVE NE MPLS MN 55413 38 3 I I 1823430009 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ ADDR PO BOX 66 CRYSTAL BAY MN 55323 ,/'-1!¾.;J \ <) \) ~ ... · (7~..-_:::;;-~t .. '.. ·' ·-· .·::) -~ f\ ... , L, ~;· / HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0611723120004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME ANNE T BLANCHARD TRUSTEE TAXPAYER NAME/ADDR ANNE T BLANCHARD 45 CRISTOFORI CIR ORONO MN 55359 38 0611723120008 PROP ADDR 4375 BAYSIDE RD OWNER NAME STEVEN C/PATRICIA L H WHlTE TAXPAYER STEVEN &PATRICIA WHITE NAME/ADDR 4375 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723210008 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME M S JOHNSON & P P JOHNSON TAXPAYER MARK & PA TRICIA JOHNSON NAME/ADDR 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 3111823430015 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME W F & E KNAPP TAXPAYER WILLIAMF&EVELYNKNAPP NAME/ADDR 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 0611723120005 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME W F & E KNAPP TAXPAYER NAME/ADDR WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 0611723210002 PROP ADDR 4455 BAYSIDE RD OWNER NAME M & P JOHNSON TAXPAYER MARKS & PATRICIA P JOHNSON NAME/ADDR 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 3111823340012 PROP ADDR 4440 BAYSIDE RD OWNER NAME D MONTECALVO & N MONTECALVO TAXPAYER DAVID & NICOLE MONTECALVO NAME/ADDR 4440 BAYSIDE RD MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXPAYER Sf/;V~S DEPARTMEJ:!J,-"P TIHl B OF MY KNOWLEOOE AND BELIEF. ,. 7 7'\ < DATE L)_) BY r;C) ,/}!, ~:::> C"'.-e..l:::i PAGE: 1 trj g o; .... ~ ""' ~ E--.... ~ (7) ~ ~ q,<!I "' "' <ti 00 "' 24.39 3?,0 6 (8) 453.11 ~ ~ 7 ~ (,.• ~ (9) ,,.,,.q,,.J> 145.08 LUCE LINE TRAIL (6) 5§ (1) I (2) (11) ~ • • • • ~ ~ ~r --------------------------------T-------,----- 0 ' . " 'lo " . . 0 ti > > • 1 (14) ~ 3 ~ "' (6) (7) ~ 290.81 140.75 330.83 /V89°46'01"W I ,..~ OUTLOT ~ ' 465.97 (15) f" ~ 6'-".".96' 131-118-~~ 31-118-23-43 ~i ~ ~ ~ ~ "' ...: ~ rEEK~"' 9 (11) (10) ~ <r; f:f 9 1 317.78 10 (12) ~ (9) ~ ~ !,U 1 ... "' ,. rl ~ ..,. ~ 2 1 (13) ~ ~ ~ ~ i ,, ·-------(12) "'" ~ ~ -----------,,.,___ -"'·"' • ""' ' "" • -...., ,, .. ,f! ". --"'" _,,, .. ' ,, . <, oi A o-"' ,,., • .,.,-w oun.o,c (16) •- 0 : "'' C '"-(8) ~ ""'" A , "'-" ,., . .,,,-, • d. 593.53 V ' 283.94 154.47 1 (4) v- ~ ~ 206.99 N89 °37'34"W ? ~ 1 ~ I~ (6J \N ~ ~so~ JO°r- 206.98 06-117-23-21 S89°45'00"E 264.14 (2) (8) ~ (5) -~l !..~ ~ (6)/1 .. & ~ ~ (j ~1/,~ ~ 5=> ·"' ~ "' ' :, (7) $.~ • ., • ., ... ., • ., i• •............ ., • ., • ., • .,. 5-..................... .,.' . ., ~~ .... ., ......................................................................... ., .... ., . ., . ' . . ... -0"IT'.1~\ 0 /f [] . ~:c .:(\ \t ,':/ Q ... ;,} ~ "-~ -~~ I/ <,, I,\·. i) ,;.r:?:£},) ::;,, lY ~ 513.35 -~ ~ ,'!,r;i -·~ s: ~ !') ~ ~ 00 <O .-; gi Ii FROM O'Keefe Design Associates PHONE ~n 952 44 7 5046 Apr. 12 2004 02:00PM P2 .......................................................................................... ~ .. ·---...... _ ·•r .. --·-.. ·-~--.......................... - .. Q-,--v v L--,~ 4Dm:m;oa:==~~~~--L-ll----~~~~ FROM: □'Keefe Design Associates PHONE t✓O. 952 447 5046 ., ~ .. ',. --;-, ~~---,,1,j .• -I -I ~ ' l~ ' ,, ,. I ) ,< Apr. 12 2004 02:00PM P1 [l I I L ......... -.. l I ; I ¢1 ' (j;)-- 0 () f'l . ..J 0 DAT A PRIVACY ADVISORY In accordance with M.S . 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certa in private or confidential information . You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested . 2 . You may refuse to supply data , but refusal may require that the City deny the permit or license. 3. The information may be shared with other local , state or federal agencies to the extent necessary to process the permit or license . 4 . If your requested perm it or license requires Council action to approve , some information may become public. 5 . You have certa in rights under M.S . 13.04 (see following page) to review private data on yourself. 6 . Your full name is required to process this application or permit. ✓~~ ~){~ ~~ (:)rV'AD VV] 5$3 SC/ ~ City State Zip ~· Signature _.,. Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. · Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 453.11 (6) .................................................................... _ ·f · .... ~Y.f S ..... ~/NF .... T.@J~ .. . .. . .. . .. . .. . .. . ..... . . ·r ..... .... ... .. .. .................. r .............. -~-55 ,J, ....... .. 5 ~ (7) ! 24.38 0:i°' EEK -i'o,,. 'f,r 9 (11) ,;, !!i t1 283.94 330 6 (8) ~ t\· ~ ~ ~ '::"c?.7,;, 31-118-23-34 (10) 317. 78 10 (12) 154.47 •--------------------------------r--'....~---- (4) ~ "' ~ 206.99 N89°37'34"W ? ~ 1 ~ 13 (6) ~ ~ ~so~ ~o'<' 169.63 7 (9) 145.08 206.98 sag• 45'00"E 264. 14 165 I 06-:~~:iJ (2) (1) I (2) (11) ~ ~ ; ' . . " 0 ~ ~ -----------------------1-------T-------~ ~ ~ .,~ 1 (14) ~ g "'' (9) lg Cl); (8) 3 re (6) (7) re 330.83 /l/89°46'01W 140.75/ ,.. . OUTLOT ~~ l 465.97 (15) ~ ~r ,.... CW? r" ~ ~ - 31-118-23-43 I:; ..: g:i ~ ~1~ ., ~ 5l i rt ~o~ 1·& I.::. $ (j 1 (13) 2 ,_li,'o \'I;'' ~ £ ~ ~ t ~ (12) ' 96.8,2 ~ / v 183.79 g6.Z4 · •, R"'4o , i 0 <f! ~-- 11 0 .. ,, a.<:i c:, (16) ~"' . ,' ; 2 29 ,u l8 1 3!13..01 /g 43.62 -SB9~4'32"E. OUTLOTC 593.53 ty !:> ~%~ .''5 ~ "' -.5';.frs,~/ ~D-----~--. ' -·-·1-·-·-._______ ' ,, ,' ' ' ' " :~ii's/Vo-. " 84)-,-. _______ _ (7) $, .~ ............. ,, .................................................................................... 5-............................ ~~ ............................................................................................ ,251"' -~ ~ ~~ _.>s 513.35 ~ ~ ~ ~ ~ ~ Ii ---.............._ FNO IRON MON, -----......_ Rt.5117025 N89°45'42"w 153.21 -~~------ ~·:HEELER --- NW CORNER OF' THE NEl/4 / 'OF SEC.6, TWP.117, RGE.23 I FNO HENNEPIN COUNTY MON. CAST IRON UO.UUENT • r\ r• v,- \ sa9o57•oo·E (EAST) 514.00 F'NO IRON MON. 1/2" OP£N RON '--NORTH UNE OF 1HE NWl/4 OF tHE NEl/4 OF SEC. I ~SHEi> g T I I I I ·-·-·-·--·L·~ -~-~tnw1:!~D S£ m,iCK ;,,h~$ -~,, / I I I I / ',. /'-, . .to., I --- O DENOTES 1/2 INCH BY 14 INCH IRON PIPE SET IN THE GROUND AND MARKED BY LICENSE NO. 40344 e DENOTES A FOUND IRON MONUMENT AS LABELED. @ DENOTES HENNEPIN COUNTY CAST IRON MONUMENT NORTH 40 20 0 20 40 BO SCALE IN FEET DESCRIPTION Of SUBJECT PROPERTY That part of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of Section 6, Township 117, North, Range 23 West or the 5th P.M. described os follows: Beginning at the Northwest corner of the Northeast 1/4 of soid Section 6; thence East along the North line of said Northeast 1/4. 514 feet: thence South 27 degrees and 30 minutes West 589 feet to the center line of the County Rood which extends across said Northeast 1 /•: thence Northwesterly along the centerline of said County Rood to the West line of said Northeost 1 /4 and thence North olong soid Wesl line to lhe point of beginning. according to the United Stoles Government Survey thereof, ond situate in Hennepin County, Minnesota. ti!21ES 1.) This survey does not purpor\ to show cny utilities. The contractor sholl determine the exact location of any ond oil existing utilities before commencing work. The contractor shall be fully responsible for any ond all domoges arising out of his failure lo exactly locate and protect oll existing utility facilities. 2.) Contact GOPHER STATE ONE CALL ot 651-454-0002 for precise onsite location of utilities prior to any excavation. 3.) A title opinion was not furnished lo the surveyor and no specific title seorch for existence or non-existence of recorded or un-recorded easements hos been conducted by the surveyor as port of the survey. 4.) Areo • Gross: 166,621 Sq. Ft. -3.82 Acres Right of Way. 13,463 Sq. Ft. -0.31 Acres Net: 153,157 Sq. Ft. -3.51 Acres Area • Outlot A, JOHNSON WHEELER 1ST ADON.: 9,625 Sq. Ft. -0.22 Acres (For informational purposes only) 5.) Zoning and setback information os provided by the City of Orono Web Site: Zoning: RR-1A -One Family Rurol Residential District (S Acre) Setbacks: Front -100 feet Rear -100 feel Side -50 feet Street Side -100 feet 6.) Survey coordinate and bearing bosis: Hennepin County 7.) Minnesota State Statute 3838.603 Subd.2 (Hennepin County Highways) stoles: Mops or plots fi1ed for record under this section shall not operate of themselves or transfer title to the property described but such maps shall be for descriptive purposes. 8.) Any modification to this survey or sketch performed by any person other than the surveyor signing this certification or persons under his direct supervision sholl nullify the validity of this survey. Only on original survey with on original signature sholl constitu le valid certificotion. 9.) Information shown hereon for Outlot A, JOHNSON WHEELER 1ST ADOl110N, is for informational purpose only. 10.) Bearing shown in parenthesis ore os shown on legal description. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 20th day of December, 2004. SATHRE-BERGQUIST, INC. David B. Pemberton, Minnesota License No. 40344 , REVISIONS BY ADD SEPTIC & WELL DBP 1/11/05 \.. . 0 (.) 0 0 z "i' "' r-. st , >-UJ 0) > LO 0::: z C'? "Cl LO :::, 0 0::: LO (f) Cl) Q) 2 u. .....I "Cl 0 0 0 ·-en en a> UJ >, C: I-Cl) &l .!: <( w 0~ (.) ~ (0 u:: C'?o i= <( """ C: -, 0 0::: .... UJ 0 (.) . DRAWN " DBP CHECKED GRG DATE 12/20/04 SCALE AS SHOWN JOB NO. 6775-001 FILE: JIM OLSON CERTIFICATE.OWG SHEET 1 \. OF 1 SHEETS, CITY of ORONO February 1, 2005 James A. Olson 4360 Bayside Road Orono, MN 55359 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #05-3084 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance for property located at 4360 Bayside Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Tuesday, February 22, 2005. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono JatuJi t/iJJtell tU_/~ Janice Gundlach City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Affidavit of Puolication State of Minnesota, County of Hennepin. Keith P. Anderson, being duly sworn,on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the req~i:e- ments constituting qualifications as a qual1f1ed newspaper, as provided by Min~esota Statute 331 A.02, 33IA.07, and other applicable laws, as amended. B.) The printed1___:C::..:.it:.:....Y.....::o_f_ Oro_n_o_-_____ _ (9) Notice land use applications which is attached was cut from the colu~ns of said newspaper, and was printed and pubh_shed one~ each week for 1 _____ successive weeks. It was first published Saturday, 12 d of February 20 05 the __ ay . and was thereafter printed and published every Saturday, to and including Saturday, 12 February 20 05 the __ day of --~ //~. ~ Authorized Agent MARIETTA A. STRAUS NOTARY PUBLIC• MINNESOTA CARVERCOUNrt MY C0MMISSION EXPIRES 1-31-2010 Subscribed and sworn to me on this 15 day of February 20_0_5 __ _ Rate Info rmation (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $1_5 .50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week : $5.40. LEGAL NOTICE ,Arm Drive, RR -1 B zoning · district, CITY OF ORONO· requests a _conditionaruse permit in order to. ··-····~·-~·----·-··-·--- 2750 Kelley P.arkway, . place approximately 6;000 cubic yards of fill P.6. Box 66 . on site which will ultimately relocate the Crystal Bay, MN 55323 existing 13th green to the south · approxi- Ph<iiie (952) 249.-4600 · mately 50 feet. · · · · · . . . Fax .(952) 219:46~;6 · 5. #05-3083 City of Orono, requests a , Community Managemen.t Plan amendment NOTICE . • . . . -In . order to ei<pand the City's 2020 .The Planning Commission wil.J hold Metropolitan Urban Service Area (MUSA) . public hearings · in the Orono . Council . Boundary to include the property located at Chambers at 2780 Kelley Parkway on 25 Bro\l\ln Road South, and all properties· Tuesday, February 22, · 2005, beginning at ·. located within • the plat of "Myrtlewood" in . · 6:00 p.m . on the matter of reviewing the fol-Section 36 Township 118 Range 23. , This lowiAg land use applications:.• expansion of ihe MUSA would allow tor 1. #.05-3070 Jerry Boldenow; 70 North eventual provision of municipal sewer to the Shore Drive West , F,lR -1 B zoning district, subject properties. · . requests a·coilditi6rial use permit to allow a 6. #05-3084 James and.Patricia Olson , non-rental guest apartment above the · exist-· 4360 Bayside . Road,. RR :--1 A zoning dis- ing attached garage. · · trict, request a front yard setback variance 2. #05-3074 Sean and 'Melissa to permit a front yard setback of: 72' when . Wamtiold, 1379·Pari< Drtve,iL/il-1B zoning 100' is normally requifed and.77';curreritly . district, request an after-\he-fact conditional exists in order to construct 2· additional use permit and varlance ·to permit a series stalls to the existing single stall attached of ret.aining walls and associated _grading garage. · · · . · within 75'·of the lake arid o\lso .a hardcover · 7. #05-3085 Julie Kreslins on behalf of · · variance 'within !tie 75 ' -250' icine to permit Jul Ann Hair Fashions and building owner 31 % hardcover . when ._:25%·.: is normally . Aleck G. Overson, 3455 · Shoreline Drive, B allowed. · , · · · · ·-1 zoning district, requests a commerciai · 3.#05:3078 · Gary · · and Lynn site plan review in order to operate a beau- Christens.en, 3560 . Ivy Piace ;:LR -1 C zon-ty shop/hair salon out of a11 existing lower ing distric.t, request a lake15et,q<!ck variance level vacant space located at the rec1r of the to permit a lake setback of 40' when 75 '· is building. · · · normall y required and <ici" currently exists , 8. #05-3086 Philip and Cassandra 0-75 ' and 75'-250 ' hardcover veiriances and Ordway, 1145 Sixth Avenue North , LR-1A . · a side setback variance 19 per.mil a side set-· zoning district, request a top of bluff setback back of 8' when 1 O' is required and 8' cur-variance in order to construct a .new resl- rently exists in order to construct a second dence encroaching the required 30 ' •lop of story over the existing footprint. bluff setback. 4. #05 -3082 Ameii Construction on · · 9. #05-3087 Scott Schneider on betia/f behalf of Lakeview Golf Course , 405 North 'of Andrew and Marcia Freese, 2914 Casco Affidavit of Publicdtion State of Minnesota, County of Hennepin . Keith P. Anderson, being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE PIO- NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the req~i:e- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as amended. B.) The printed City of Orono -- (9) Land use applications which is attached was cut from the columns of said newspaper, and was printed and publi~hed once each week for 1 successive weeks: It was first published Saturday, the 12 day of February 20 05 and was thereafter printed and published every Saturday, to and including Saturday, 12 February 20 05 the __ day of __ _ l/~. /fa3t2 Authorized Agent ........ ,.,-.. :...·-.·..,..,.,_...._.,., r , :f .,,.,,. · --: , 1:1 ARIETTA A. STRAU ~ (: ·.yn · ''1T,"';'I !'UGLIC-MINNESC '·' ·' ' ' ·" ""t':'.-1 CO UNTY . •. "· ·, -· ··,I RES 1-3 Subscribed and sworn to me on this 15 day of February , 20-=0~5 __ _ Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter : $1_5 .50 . (3) Rate actually charged for ab~ve matter : $7.80 per inch. Each additional successive week: $5.40. -------~---···-· ...... .. LEGAL 'NOTICE CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystai Bay, M.N 55323 -Phone (952) 249-4600 Fax (952) 249-4616 Boundary to Include the property· located ·at 25. Brown Road South ; ai::id all proper- ·ties located within the plat of "Myrtlewood". · ·In Section 36 Township 11 ii Range · 23. · This expansion of the MUSA would allow for eventual provision. of municipal sewer . to the subject properties . · NOTICE . 6. #05-3084 James and Patrlc fa The Plannfng Commission will hold .. Olson , 4360 Bayside Road , RR -1A zon- p1,1blic . hearings . iii · the · Orono Council . Ing district, request a front yard $etback · ... , Chambers · at ·2780 Kelley Parkway on . .variance tci permit a front yard setback of Tuesday, FebruarY:22, 2005, ·beginning at . . 72 ' when 100' is normally required an~ 77 ' • _6:00 . p.m . on ·the matter-of reviewing the · · currently ex.ists ih order . to construct 2 .following land use app li caiions : additional stalls to the ex isting single stall .· . att.ached garage .' I .1. · #05-3070 . Jerry Boldenow, . 70 < ;North Shore Drive West,-RR -rs zoning 7. #05-3085 Julie Kreslins on behalf · L district, reques·ts a cond itional use permit' of Jul Ann Hair Fashions and building .r to allow a non-rental guest apartment · ow·ner Aleck G . Overson, 3455 Shoreline ._above the existing _attached gara_ge . Drive, B -1 zonin•g district, requests a · . ( · commercial site plan • review in order to . c 2. #05-307 4 Sean and Melissa operate a bea·uty shop/hair salcin out of an i Wambold, 1379 P<1 rk Drive , lR -18 zon-.. existlng ·Iower .ievel vacant space located Ing disirict, ·request an after-the-fact con -at the rear of _ the building . · · dltlonal use permit and variance to · permit a series of-retaining walls and associated grading within 75' of . the · lake and. also· .a · hardcover variance . within the 75' -250' zone to permit 31 % hardcover when 25 % Is normally allowed . · ;3:#05-3078 Gary an'd Lynn Christensen , 3560 .Ivy· Place, LR -1 C zoning district, request a · lake ·setback variance to · permit a lake setback of 40 ' when 75' is normal fy required and 40 ' cur- . : .. rently exists·, 0-75' and 75.'-250' hardcover variances and a side setback varianc·e to permit a side setback of 8' · when 10' is required and 8'. currently exists In order to · construct a second story over the existing footprint , · 4: #05-3082 Ames Construction on . behalf of Lakev iew Gol f Course, 405 North Arm Drive, RR -i B zoning district, requests a cond itiona l _use permit in order . to place approximately 6,000 cubic yards of fill on site which will ultimately relocate the exi sting 13th green to the south approximate ly 50 feet. 5. #05 -308 3 City of Oron o, requests a Community Man age ment Plan amend- ment in order to expand the City's 2020 Metropoli tan Urban Service Area '(M USA) -8. #05-3086, Philip \Ind Cassandra Ordway, 1145 Sixth -Avenue North, LR - 1 A zoning district, request a top of bluff setback . variance In order to construct a new reside.nee encroach•ing the required 30 ' top of bluff setb~pk. · '· • 9. ·#05-3087 .Scott· ·Schneider on behalf of Andrew and Marcia Freese , · 2914.Casco Point Road, LR -1C zoning . district, requests a hardcover. variai;ice to permit 29% hardcover within the 75'-250'. zone when 25% Is normally allowed ,'31% · currently exi sts and · 27% was prev iously · . approved , and an average lakeshore set- back variance· to ·permit construction of ·an <1ddit_l onal s)ory above the ex isting fpot- print. · · · · · 10; #05-3088 Michael Kuruvilla, 850 West Wayzata Boulevard, RR -1 B zoning district, requ·ests a conditional use perrnit iri order to operate a Montessori School • capable of serving 69 children Including 29 Infants and 40 toddiers r.anging In age of 33 months to ·6 years old out of the existing Cornerstone New Testament Church building . All persons wishing to be heard .are enco uraged to attend this meeting. T_his is STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #05-3084, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of February, 2005. L~ -Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 . Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Plaimi.ng Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 22, 2005, beginning at 6:00 p.m. on the matter ofreviewingthe following land use applications: 1. #05-3070 2. #05-3074 3. #05-3078 4 . #05-3082 5. #05-3083 6. #05 -3084 7. #05-3085 8. #05-3086 9. #05-3087 Jerry Boldei1ow, 70 North Shore Drive West, RR-lB zoning district, requests a conditional use permit to allow a non-rental guest apartment above the existing attached garage. Sean and Melissa Wambold, 1379 Park Drive, LR-lB zoning district, request an after-the-fact conditional use permit and variance to permit a series of retaining walls and associated grading within 7 5' of the lake and also a hardcover variance within the 75' -250' zone to permit 31 % hardcover when 25% is normally allowed. Gary and Lynn Christensen, 3560 Ivy Place, LR-1 C zoning district, request a lake setback variance to permit a lake setback of 40' when 75' is normally · required and 40' currently exists, 0-75' and 75'-250' hardcover variances and a side setback variance to permit a side setback of 8' when 10' is required and 8' currently exists in order to construct a second story over the existing footprint. Ames Construction on behalf of Lakeview Golf Course, 405 North Arm Drive, RR -lB zoning district, requests a conditional use permit in order to place approximately 6,000 cubic yards of fill on site which will ultimately relocate the existing 13 th green to the south approximately 50 feet. City of Orono, requests a Community Management Plan amendment in order to expand the City's 2020 Metropolitan Urban Service Area (MUSA) Boundai·y to · include the property located at 25 Brown Road South, and all properties located within the plat of "Myrtlewood" in Section 36 Township 118 Range 23 . This · expansion of the MUSA would allow for eventual provision of 1:nunicipalsewer to the subject properties. James and Patricia Olson, 4360 Bayside Road, RR-lA zoning district, request a frOnt yard setback variance to permit a front yard setback of72' when 100' is normally required and 77' currently exists in order to construct 2 additional stalls to the existing single stall attached garage. Julie Kreslins on behalf of Jul Ann Hair Fashions and building owner Aleck G. Overson, 3455 Shoreline Drive, B -1 zoning district, requests a commercial site plan review in order to operate a beauty shop/hair salon out of an existing lower level vacant space located at the rear of the building . Philip and Cassandra Ordway, 1145 Sixth A.venue North, LR -IA zoning district, request a top of bluff setback variance in order to construct a new residence encroaching the required 30' top of bluff setback. . Scott Schneider on behalf of Andrew and Marcia Freese, 2914 Casco Point Road, LR -1 C zoning district, requests a hardcover variance to permit 29% dcover within the 75'-250' zone whe 5% is normally allowed, 31% currently exists and 27% was previously approved, and an average lakeshore setback variance to permit construction of an additional story above the existing footprint. 10. #05-3088 Michael Kuruvilla, 850 West Wayzata Boulevard, RR-IB zoning district, requests a conditional use permit in order to operate a Montessori School capable of serving 69 children including 29 infants and 40 toddlers ranging in age of 3 3 months to 6 years old out of the existing Cornerstone New Testament Church building. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written co1mnents are accepted and should be submitted to the City of Orono by February 16, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono ~gC;;4- Michael P. Gaffron, Plaiining Director To be published in the Laker and Pioneer on February 12, 2005., Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 1/7/2005 38 0611723120001 ROP ADDR 4360 BAYSIDE RD ,WNER NAME J A OLSON & P E OLSON AXPAYER JAMES A OLSON AME/ADDR 4360 BAYSIDE RD MAPLE PLAIN MN 55359 38 0611723120006 ROP ADDR 38 ADDRESS UNASSIGNED 1WNER NAME WILLIAM F KNAPP AXPAYER CITY OF ORONO IAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 0611723210007 ROP ADDR 4461 BAYSIDE RD 1WNER NAME AARON F & GEORGETTE G J UBAN 'AXPAYER IAME/ADDR AARON F & GEORGETTE G J UBAN 21 UNIVERSITY AVEN E MPLS MN 55413 38 3111823430009 ROP ADDR 38 ADDRESS UNASSIGNED IWNER NAME CITY OF ORONO 'AXPAYER IAME/ADDR CITY OF ORONO POBOX66 CRYSTAL BAY MN 55323 ~·-.,. HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0611723120004 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME ANNE T BLANCHARD TRUSTEE TAXPAYER ANNETBLANCHARD NAME/ADDR 45 CRISTOFORI CIR ORONO MN 55359 38 0611723120008 PROP ADDR 4375 BAYSIDE RD OWNER NAME STEVEN C/PATRICIA L H WHITE TAXPAYER STEVEN & PATRICIA WHITE NAME/ADDR 4375 BAYSIDE RD MAPLE PLAIN MN 55359 3 8 0611723210008 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME M S JOHNSON & P P JOHNSON TAXPAYER NAME/ADDR MARK & PATRICIA JOHNSON 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 3111823430015 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME W F & E KNAPP TAXPAYER NAME/ADDR WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 0611723120005 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME W F & E KNAPP TAXPAYER W[LLIAM F & EVELYN KNAPP NAME/ ADDR 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 0611723210002 PROP ADDR 4455 BAYSIDE RD OWNER NAME M & P JOHNSON TAXPAYER MARKS & PATRICIA P JOHNSON NAME/ADDR 4455 BAYSIDE RD MAPLE PLAIN MN 55359 38 3111823340012 PROP ADDR 4440 BAYSIDE RD OWNER NAME D MONTECALVO & N MONTECALVO TAXPAYER NAME/ADDR DAVID & NICOLE MONTECALVO 4440 BAYSIDE RD MAPLE PLAIN MN 55359 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SE,VIC,ES ~EPART~~~J',:P TzHB ~E~ .. )-·-··--, .. , OF MY KNOWLEOOE AND BELIEF. /i /,.,_\ '---.• , ?) /,;I ,,r I , ./'1 /' ,,7 A ,. DATE j /I(_;__,, BY '. / lJ)l/(/,1./,e_..,/~//,t;/' p ✓-·1, ·. I i ,: I . l ,.______,, i I l ~ / PAGE: 1 TRACKING SHEET FILE NO. 05-3084 Staff: 1,/Aj//(£ SITE ADDRESS: 4360 Bayside Rd. Applicant: James A Olson Address: 4360 Bayside Rd. Owner: James A. & Patricia E. Olson Address: 4360 Bayside Rd. Orono, MN 55359-9438 Maple Plain, MN 55359-9438 ~ Meeting with Staff Date: l lt1\D5 □ Application Completed Date: 1\t1jo5 60 Day: ~ /~ 1 \ b:::> □ Incomplete Notice Sent Date: Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD Qi Property Owners Notified: Date: ~110\05 □ Legal Notice Published Date: PC Meeting( s): Vote: --------------------- Vote: --------------------- 1;i Notice of PC Action: __ t,_,_I_Z,_'-?--l-) o_~-------------- City Council Meeting(s): _i"'---+-"'1i'-"'i-¼l-=---o~----=--------Vote: APP~ s -u Vote: -------------------- Vote: -------------------- □ Resolution: