HomeMy WebLinkAboutProject PacketMINUTES OF THE
ORONO CITY COUNCIL MEETING
October 23, 2000
.. ----
(#2632 Temple Israel, Continued)
regarding the parking in this area.
Sansevere moved, Jabbour seconded, to approve and adopt RESOLUTION NO. 4543
a Resolution granting an after-the-fact variance to permit expansion of a parking area
constituting an increase in hardcover on the property within the 75' lakeshore setback for
property located at 2739 Shadywood Road. VOTE: Ayes 3, Nays 0.
*(#7) #2610 JEROME J. HALL, 80 LEAF STREET, AFTER-THE-FACT VARIANCE -
RESOLUTION NO. 4544
Flint moved, Sansevere seconded, to approve anl.! adopt RESOLUTION NO. 4544, a
Resolution approving an after-the-fact variance to permit 170 square feet of deck structure
within the 75 foot setback to a protected tributary for property located at 80 Leaf Street.
VOTE: Ayes 3, Nays 0.
*(#8) #2611 MARLYS McCARTY, 225 TONKA A VENUE -EASEMENT VACATION -
RESOLUTION NO. 4545
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4545, a
Resolution to vacate the utility easement conditioned on an easement being granted in favor
of the public for utility access across the south side of the property.
VOTE: Ayes 3, Nays 0.
*(#9) #2614 JOE AND SUE HAUS, 4485 BAYSIDE ROAD -VARIANCE -
RESOLUTION NO. 4546
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4546, a
Resolution granting variances to permit the construction of an accessory structure closer
to the street lot line than the residence. VOTE: Ayes 3, Nays 0.
·*(#10) #2616 MINNETONKA CENTER FOR THE ARTS, 2240 NORTH SHORE DRIVE-
CONDITIONAL USE PERMIT-RESOLUTION i'iO. 454i .
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4547, a
Resolution approving the continued use of the property as an Arts Center and for
construction of a new principal building, with denial of the conditional use permit to allow
the height of the tower to exceed 30 feet subject to the conditions outlined in the Resolution
for the Minnetonka Center for the Arts, 2240 North Shore Drive. VOTE: Ayes 3, Nays 0.
PAGE6
Application Date:
Deadline:
8/23/00
12/21/00
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Zoning Administrator
Item Description: #2614 Joe and Sue Haus
4485 Bayside Road
Variance
DATE: October 18, 2000
ITEM NO.: q
Agenda Section:
Zoning
Zoning District: RR-IB One Family Rural Residential District (2 acre)
List of Exhibits:
A Resolution
B Site Plan
C Planning Report
Application Summary:
The applicant reque·sts a variance to permit an accessory building to be located closer to the front property
line than the principal residence. The property is being redeveloped requiring the old house and all accessory
buildings to be removed from the property. The request was to permit a recently remodeled accessory
building on the 3' from the north property line to remain following removal of the principal residence. The
Planning Commission tabled the request at their September meeting with the recommendation the applicant
consider alternatives or relocation of the building further from the property line, due to the building being
located nl:!ar an adjacent residence.
The applicant's have amended the plan and request to remove the non-conforming accessory building and
construct a smaller storage building 70' from the front property line. The building would be a one stall
garage (14' X 22') one story in height. The existing building is 12' X 32'. The Planning Commission
reviewed the revised plan at their October 16, 2000 meeting and recommended approval of the revised plan
to permit the 14' X 22' building to be located along the driveway based on the following hardships and
findings:
A. The Property does not have direct access to a road. The lot is accessed via an easement for
driveway purposes along the west property boundary of the property to the northeast. The
building would be located approximately 575' from Bayside Road.
B. The area located behind the new residence is a low area without driveway access. The
accessory building will be used for storage of equipment for maintenance of the shared
. drive\vay.
Request for Council Action continued
Page2
October 19, 2000
#2614 Joe and Sue Haus
C. The building would be located 70' from the north property line and a minimum 30' from the
side lot line. The building would be located as far south as the existing well would allow.
The well is located about 90' from the property line. South of the well are mature trees that
would be required to be removed to make room for the building. The existing location
would take advantage of the building pad for the old house. No tree removal or regrading
would be required.
D. The existing building shall be removed prior to the City of Orono completing a final inspection on
the new building.
COUNCIL ACTION REQUESTED
Motion to adopt the resolution approving the variance as revised by the applicant.
A RESOLUTION GRANTING AV ARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9(D),
FILE NO. 2614
WHEREAS, Joe and Sue Haus,_ (hereinafter "the applicants") are owners of the
property located at 4485 Bayside Road within the City of Orono (hereinafter "the City") and legally
described as follows:
Exhibit "A" attached hereto, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning
Code Section 10.03, Subdivision 9 (D) to permit the construction of an accessory structure closer
to the street lot line than the residence. ·
\VHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on October 16, 2000, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2614.
2. The property is located in the RR-lB, Single Family Rural Residential Zoning ·
District.
3. The Orono Planning Commission reviewed this application on October 16, 2000 and
recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The Property does not have direct access to a road. The lot is accessed via an
Page 1 of 6
easement for drivew~y purposes along the west property boundary of the
property to the northeast. The building would be located approximately 575'
from Bayside Road.
B. The area located behind the new residence is a low area without driveway
access. The accessory building will be used for storage of equipment for
maintenance of the shared driveway. ,
C. The building would be located 70' from the north property line and a
minimum 30' from the side lot line. The building would be located as far
south as the existing well would allow. The well is located about 90' from
the property line. South of the well are mature trees that would be required
to be removed to make room for the building. The existing location would
take advantage of the building pad for the old house. No tree removal or
regrading would be required.
D. The existing building shall be removed prior to the City of Orono completing
a final inspection on the new building.
E. The height of the proposed building will be significantly lower than the
height of the existing house and will be screened from the road by existing
trees, therefore the visual intrusion of the accessory structure will be minimal.
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 will 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning 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.
Page 2 of 6
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of
an accessory structure closer to the street lot line than the residence. Approval is subject to the
following conditions:
1. Prior to the City of Orono completing a final inspection, the existing 12' X 32'
accessory building shall be removed from the property.
5. Authorities granted by this variance 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 these variances will expire on that date
(October 23, 2001).
3. Violation of or non-compliance with any of the terms and conditions of this
variance 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, 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.
Page 3 of 6
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on
the 23rd day of October, 2000.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of October, 2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of _______ , 2000, before me a Notary Public within and
for said County, personally appeared ___________________ known
to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged
that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of _________ , 2000, before me a Notary Public within
and for said County, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 6
\
\
ExhibiL A
LEGAL DESCRIPTION
Tha"t par,:; of the Northeast 1/4 of t:he Horth west 1/4 of Section 6,
Township ll?, Range 2~ de~oribed es toll0iis:Ee5innin.g e.t the
Northeast corner 01' the Southwest 1/4 of the Northeast 1/4 of the
Northwest 1/4 of Section o ;thence West along the Marth line of th\
Southwest 1/4 or said Northeast 1/4. of' Northwest 1/4 of Section 6,
a distance of J.e J'.od.s f' thence South and parallel with "the West linE
of said. Northeast 1/4. of Northwest 1/4 to South line of said
Northeast 1/4 of northwest 1/4 or Section b; thence East along
South line of Northeast 1/4 of Northnest 1/4 01· Section 6, 28 rods;
-chence North a distance ot 48 reds to e. point 10 rods East or the
Ylest line of the Northeast 1/4: of Northeas~ 1/4 of Northwest 1/4
of Section 6; -/thence Y1est 10 rods to West line ol' said Northeast 11
of Northeast 1/4 of Northwest 1/4 or Section o; thence South to poj
of ceginnin.g, all 1n end part of Section o, Tonnship ll7, Range 25:
A1sa a strip or land e 1/4 feet nide on each eide of a line drawn
from a poin-c on the North line of North7iest 1/4 of Section o,
Township ll7, Ran8e 23 a diste.nc e or 10 1/'t!.. rods East of Northwest
corner of Northeast 1/4 of Northeast 1/4. of Northwest 1/ 4 of said
Section o;thenoe South a distance of 3~ rads to a paint 10 1/2 rod!
East; or West line 01· Northeast 1/4 of' Uorth east 1/ 4 01· North77est 1,
of said Section 6, Tovmship 117, Range ~:;.
(No"t: e :The s'trip or land 8 1/4 feet wide on each side 01' the line
aoove descrioed is included in the aocrve caption for purpose o.f'
snCJi7in.g "Ci-cle to an easement thereon Tihich is ap~urtenant to _''the
Dale.nee of the premises covered by above caption}
Page 6 of 6
Application Date:
60 Day Deadline:
8/23/00
10/22/00
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FRO::\!: Paul Weinberger, Zoning Administrator/Planner
DATE: September 13, 2000
SUBJECT: #2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
Zoning District:
Lot Size:
List of Exhibits:
A Application
RR-1B Rural Residential (2 acre) District
± 7.5 acres
B Description of Request/Hardship Statement
C Building Photos
D Property Survey
E Plat Map
F Property Owners Notification List
Pertinent Code Section:
1. Section 10.03, Subdivision 9: Location of Accessory Structures
Application Summary: The variance request is to permit a recently remodeled accessory
building located in front of a new principal residence that will be constructed on the property. The
Haus' purchased the property last year and had a conditional use permit for a guest house approved
by the Council. They have decided not to construct the guest house and, instead, build a new
residence and remove the existing residence following receipt of a Certificate of Occupancy for the
new house.
-The Property does not have direct access to a read. The lot is accessed via an easement for driveway
purposes along the west property boundary of the property to the northeast. The building in question
is located along the north property line where the driveway enters the applicant's property. The
building is located approximately 530' from Bayside Road and 200' from the nearest adjacent
residence. A property map has been attached.
In the Hardship Statement the applicants have stated they would prefer to keep the building where
it is located since they have just completed remodeling the building. The project description and
hardship are attached as Exhibit B.
#2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
Pag,: I
Conformity to Zoning Code:
The Code prohibits accessory buildings from being located closer to the front property line than a
principal residence and meet a minimum setback of 1 O' to the side property lines. Because the
structure has been there since prior to the adoption of the zoning ordinance it is considered legally
non-conforming. The variance requested is to permit the structure to remain on the property without
a principal building assuming the structure to which it is accessory will be removed.
Required Setbacks:
Lots in the RR-lB district have the following setback requirements:
Principal Structure
Front Setback= 50 ft.
Rear Setback = 50 ft.
Side Setback = 30 ft.
Accessory Structure
Front Setback = shall be a minimum of 50 ft. and not closer to the front property line than the
principal residence.
Side Setback (for buildings less than 750 square feet)= 10 ft.
Rear Setback = 5 ft.
Staff Recommendation:
Staff recommends approval of the variance based on the following findings:
1. The building has existed as a legally non-conforming structure and was recently remodeled.
2. The building is located on a property without frontage on a road. Access to the property is
via an easement over the lot located to the northwest. The building is located well behind
all other residential structures along Bayside Road.
3. Natural vegetation adequately screens the building from view from adjacent structures.
Options for Action:
1. Recommend approval.
2. Recommend denial, stating reasons.
3. Table.
4. Other action.
#2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
This variance request is to keep an existing garage that will be located in front of the principle
structure. This garage has recently under gone considerable repairs. After purchasing the property last
year we applied for a Conditional use permit to build a garage/guest house with the intended purpose to live
in that residence while construction on a new home took place. After realizing the cost involved in
building the guesthouse we discontinued that course and decided to put the money towards a r:s:w house in
2000. To provide for immediate storage we started repairs on one of the accessory structures removing half
of the structure according to the city inspector's recommendations. At that time we removed the other run .
down structures on the property that were not as easily repairable.
This year during the process of getting a permit for the new residence Lyle called with questions
on plans for the existing house and garage. We plan to remove the existing house after moving into the
new house but want to keep the garage. The intended purpose of the garage will be for storage and snow
removal equipment as it is at the top of the property/driveway and will make snow removal less difficult.
Lyle said that we would need to apply for a variance because the garage would be in front of the principle
structure. He indicated a variance might be granted because our property and this structure are located far
from Bayside Rd and cannot be seen from the street. While visiting with Paul from the city he also
indicated it might be desirable to move the structure farther from the lot boundaries to meet setback
regulations. After discussing this with several contractors we discovered the cost for moving the garage
because of foundation oddities would be better invested in a completely new structure if keeping the
current garage is not approved.
Thanks for your consideration,
Joe and Sue Haus
Before and After Pictures attached.
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INVOICE NO. 57066
F .8.NO. 873-08 LOT SURVEYS CO~i~f, ANY,
LAND SURVEYORS
INC.
SCALE: 1" = 100'
REGISTERED UNDER THE LAWS OF' STA TE OF MINNESOTA O Donates Iron Monument
7601 73rd Avenue North 612-!560-3003
Fax No. 560-3Ci22
0 Donates Wood Hub Set
for excavation only
Mlnnoapolin, JJlnnoirnla M420 xOOO.O Denotes Exls lln(J Elovatlon
Denotes Proposed Elevation §urutynril C!1trf ifirtttr <§])
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NOTE: Proposed grades ore eubject 1DNY EIDF.N COMPANY
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Tho only eosomonta shown oro from plats of record or Information
provided by client.
We hereby certify that this is o true and correct representation or
o survey of the boundaries of the above described land and the
location of all builtlin9s and visiblu uncroochmenta, if ony, from or on
said land.
LEGAi, UY.SC:ltll'TION
!'t111c pare or the llon1,out l/4 or th• Uonhwut l/i. or B•oHon 6,
Townablp ll7, Range ea deaor1be4 •• rull<MarD•atnn1na at th•
!lorth•••' ooruar or cha Bouthwoet 1/4 or the llorthout 1/4. or the
llort11woot 1/i. or Beouon HJ•h•oo• •••• along tb• North l1n• or th\
Boutbw .. , 1/4. ol' aaJ.d llortbuab 1/4. or llorthwut 1(4. oC 8eot1on 6,
• dl ■t=•• ot .lJJ .ro<I•/' tbono• Boutb 'nd parallel• tb the 11 .. t l1o•
or onld llortbeeot l/i. or 1/orth•Ht l i. h South lln• or n1d
llortbeeac 1/• or North• .. ~ l/-t or 8ootlon IIJ thenoe !eat alo~
9outh lino or llortbout 1/4. or llortbwo ■t 1/4. or BeoHon o, BIi rod•J
cheno• llorth a d1ounoo oC 4.8 nda to a potnt 10 rod1 J!aat or •h•
Yloot lloe or tho Horth~•• l/4. or llortboaa~ l/4 or North•••• 1;,
ol' 0ooHoo 6 J ,tbenoe llut lU rod1 to 11'••• llne or ■o.14 Hortboowt 1/4.
oc llortbaoot l/4. oC llorthwut 1/.f. or 6eo'1011 6 I then•• South to po inc
or b•11tnnl141, ol.L 1n and pon or BooUon u, Tonobip ll7l lle.ne• 161
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(llotelTbo o<rip or lftnd 6 l/4. root w1d• on eooh aide ol' tbe lJ.ne
auo .. de,ortood 11 lnnluded 1h \11e'abO'f'e oaption cor purpo•• ur
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Survoyud by un this 26th doy or June -~
Charles f, Andoroon, Minn. Rog. No.21753 or
Gregory R. Prosch, Minn Rog No. 24992
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RUN DATE 08/03/99
BATCH 504
P.ROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
58 06-117-23 21 0002
04455 BAYSIDE RD
H & P JOHNSON
HARKS & PATRICIA P JOHNSON
4455 BAYSIDE RD
HAPLE PLAIN HH 55359
58 06-117-23 21 0005
04565 BAYSIDE RD
P & S RENNEBOHH
PETER & SHARON RENNEBOHH
4565 BAYSIDE ROAD
HAPLE PLAIN HH 55359
58 06-117-23 24 0001
00215 NORTH ARH LA
CA PASS ET AL TRUSTEES
JEAN T ARHSTRONG
235 ARH LAH
HOUND HH 55364
HENNEPIN COUNTY PROPERTY INFORHA~ION SYSTEH
PROPERTY OWNERS LIST
38 06-117-23 21 0006
04465 BAYSIDE RD
BRENT & SHIANN JOHNSON
BRENT & SHIANH JOHNSON
4465 BAYSIDE RD
HAPLE PLAIN HN 55359
TOTAL BATCH 504 00007
REPORT HO. PI43540l
PAGE 10
58 06-117-23 21 0004
04495 BAYSIDE RD
G & B KELLEY
GERALD P KELLEY.
16925 CO RD HO 6
PLYHOUTH HN 55447.
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 DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. i.f ~ -~
DATE t -t/tJ BY . s~4',Li
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MINUTES OF THE
ORONO PLANNING COI\'IMISSION MEETING
Monday, October 16, 2000
(#2631 Zoning Code Amendment, Continued)
Lindqui_st commented he agrees conceptually with the amendment.
There were no public comments.
Hawn moved, Stoddard seconded, to table Application #2631, Zoning Code
Amendment, Orono Municipal Zoning Code, Residential P.U.D., to the
Planning Commission Work Session scheduled for Wednesday, October 18, 2000,
7:30 a.m. VOTE: Ayes 6, Nays 0.
PUBLIC HEARINGS, CONTINUED
(#4) #2614 JOE AND SUE HAUS, 4485 BAYSIDE ROAD, VARIANCE,
7:45 p.m. -7:57 p.m.
Joe Haus, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
. Weinberger noted the Applicant was late for tonight's hearing due to a miscommunication on
his part. .
Weinberger stated the Applicant is requesting a variance to permit a recently remodeled
accessory building to be located in front of a new principal residence to be constructed on the
property. The Applicants had purchased the property last year and had a conditional use permit
for a guest house approved by the Council. The property owners since that time have decided
not to construct the guest house and build a new residence instead, with removal of the existing
residence following issuance of a Certificate of Occupancy for the new house.
Weinberger stated the existing accessory building is 12 ' by 32', which is located a few feet off
the north property line. The Applicant is proposing to remove the existing building, construct
a new accessory building located 50 feet from the front property line and a minimum of 30 feet
to the side property line. The size of the new building would be 14' by 22', which is 380 square
-feet and is a reduction of76 square feet from the existing building. The building would be
constructed with a gabled or barn style roof to it and be one-story in height. ·
Weinberger stated the reason for locating the building in front of the principal structure has to
do with .the way the property has historically functioned. Weinberger noted there is a shared
driveway along the property line and services the back lot. The existing driveway would end
at the garage to the new residence. The purpose of the shed is for storage. Location of the
shed behind the principal residence is not possible due to some low land and trees in that area.
Weinberger noted the building would meet the required setbacks .
Haus stated he is in agreement with Staff's comments .
PAGE 11
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
(#2614 Joe and Sue Haus, Continued)
Hawn noted Mrs. Kelley is still in attendance at this meeting. Hawn stated the proposal before
the Planning Commission is to remove the accessory building located near her lot line and to
construct a smaller building near the driveway. Ha\\n inquired whether Kelley had any further
comments she would like to make regarding this proposal.
Kelley stated she would like to discuss the matter first with her husband.
Hawn noted the Planning Commission will be making their decision on this application tonight.
Kluth inquired whether the Applicant had any further comment regarding the hardship.
Haus stated they will be constructing the house further down the hill, with the shed being used
to store equipment to help maintain the driveway.
Lindquist inquired whether the building could be located closer to the house.
Haus stated he could possibly locate the building closer to the house to some degree to attempt to
meet the setback, noting that there are some large maple trees in the area that he is attempting
to avoid.
Weinberger stated it is possible the garage could be located 70 feet from the property line.
Haus stated a well does exist on that side of the house.
Weinberger stated he would need to maintain a three foot separation from the well.
Lindquist commented in his view the closer the building is to the house, the better.
There were no further public comments regarding this application.
Lindquist moved, Kluth seconded, to recommend approval of Application #2614,
Joe and Sue Haus, 4485 Bayside Road, granting of a front yard setback variance
to permit the location of an accessory structure in front of a principal structure.
VOTE: Ayes 6, Nays 0.
Ha\m noted the building is not to exceed 14' by 28'.
CONTINUED PUBLIC HEARINGS
(#7) #2620 PAUL PASCUZZI, 3320 NAVARRE LANE, AFTER-THE-FACT VARIANCE,
7:58 p.m. -8:01 p.m.
Paul Pascuzzi, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
PAGE 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, October 16, 2000
(#4) #2614 JOE AND SUE HAUS, 4485 BAYSIDE ROAD -VARIANCE,
6:52 p.m. -6:58 p.m.
The Applicants were not present.
Weinberger indicated he did attempt to contact the Applicant, who was unavailable, and is
unsure whether the Applicant will be attending tonight's meeting.
Bonnie Kelley, 4495 Bayside Road, stated she would like to comment on this application.
Hawn stated since the Applicant is not present, the Planning Commission is unable to comment
on the application, but would be able to hear her statements regarding this application.
Kelley stated she has spoken with the Applicant concerning this shed, noting that the placement
on the plan is inaccurate in that the shed is actually located in the middle of the lot and is
approximately 60 feet long. Kelley stated the shed was dilapidated with the Applicant having
recently made some improvements to the shed .
Kelley inquired whether a building permit had been obtained by the Applicant to do the
improvements to the shed.
Weinberger stated he did obtain a building permit.
Kelley stated she would prefer to see the shed removed.
Hawn reiterated the Planning Commission is unable to comment on this matter without the
Applicant being present, noting the members of the Planning Commission have reviewed the
site .
SCHEDULED PUBLIC HEARINGS
7:00 p.m.
(#5) #2621 JAMES BARTH, 3725 TOGO ROAD, SUBDIVISION, 7:00 p.m. -7:08 p.m.
James Barth, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicant has applied for Preliminary Plat approval for a two-lot
subdivision of a 1.22 acre site located at 3725 Togo Road. The existing house would remain on
Parcel 1, and would consist of .61 acres. Parcel 2 would consist of .61 acres, with a minimum of
one-half acre being required for this zoning district. The proposed lots meet the minimum lot
width and lot area requirements. Bottenberg stated suitable areas exist within the required
setbacks for a building pad that will not result in the need for any variances, with the existing
residence meeting the required 10 foot side setback.
PAGES
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
-:;. ..
(#2613 James Renckens, Continued)
adjacent properties. The accessory building meets all setback requirements for the RR-1B zoning
district, with the square footage of the building being within the 1,000 square foot
maximum allowed for standard accessory structures. ·
City Staff recommends approval of the variance .
Renckens indicated he has no comments concerning his application.
Smith inquired whether there were any other possible sites for this building.
Renckens stated any other location would interfere with the enjoyment of the adjoining
neighbors' properties .
Bottenberg noted there is a fair amount of wetlands on the property.
Renckens stated after consulting with a landscape architect and his builder, they feel this is the
best location for the building.
There were no public comments regarding this application.
Lindquist moved, Berg seconded, to recommend approval of Application #2613,
James and Debra Renckens, 3020 Watertown Road, granting of a variance to allow
construction of a 24 by 36 foot accessory structure between the principal structure and
the street per the proposed plan. VOTE: Ayes 7, Nays 0.
(#11) #2614 JOE AND SUE HAUS, 4485 BAYSIDE ROAD, VARIANCES,
10:45 p.m. -10:58 p.m .
Joe Haus, Applicant, was present.
Weinberger stated the Applicant is requesting a variance to permit a recently remodeled
accessory building located in front of a new principal residence that will be constructed on the
property. The property was purchased last year, with the Applicant receiving approval for a
guest house on the property by the City Council. The Applicants have elected not to construct
the guest house and would rather build a new residence and remove the existing residence
following receipt of a Certificate of Occupancy for the new house.
Weinberger noted the property does not have direct access to a road and is accessed via an
easement for driveway purposes along the west property line of the property to the
northeast. The building in question is located along the north property line where the driveway
enters the Applicant's property. The building is located approximately 530 feet from Bayside
road and 200 feet from the nearest adjacent residence.
City Staff is recommending approval of the variance based on the following findings:
1. The building has existed as a legally non-conforming structure and was recently remodeled.
PAGE27
l\fiNUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
(#2614 Joe and Sue Haus, Continued)
2. The building is located on a property without frontage on a road. Access to the property is
via an easement over the lot located to the northwest. The building is located well behind
all other residential structures along Bayside Road.
3. Natural vegetation adequately screens the building from view from adjacent structures.
Haus indicated he would like to keep the building for storage. Haus stated he does have the
support of his neighbors regarding this project.
Kluth inquired whether there are any wetlands on this property or what the hardship is for the
vanance.
Haus stated it is an existing structure.
Hawn stated the hardship needs to be imposed by the land.
Haus commented the land consists of different elevations which makes it difficult to locate or
access the building anywhere else on the property.
Hawn inquired whether it is possible for the Planning Commission to grant a variance to permit
the structure for a limited number of years.
Ga:ffron inquired what the life of the building is.
Haus stated he just put new 25 year shingles on the structure.
Gaffron stated something could be filed on the chain of title.
Hawn commented in her view the structure should be relocated off the lot line. Hawn indicated
she would not be in support of this application since this would be considered new
construction.
Haus inquired whether a variance would be granted for an accessory structure in front of the
existing residence.
Hawn stated the application could be tabled if the Applicant wished to review his options
regarding the location of the structure.
Hawn moved, Smith seconded, to table Application #2614, Joe and Sue Haus,
4485 Bayside Road, to allow the Applicant time to review his options.
VOTE: Ayes 7, Nays 0.
PAGE28
Application Date:
60 Day Deadline:
8/23/00
10/22/00
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DATE:
SUBJECT:
September 13, 2000
#2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
Zoning District:
Lot Size:
List of Exhibits:
A Application
RR-lB Rural Residential (2 acre) District
± 7.5 acres
B Description of Request/Hardship Statement
C Building Photos
D Property Survey
E Plat Map
F Property Owners Notification List
Pertinent Code Section:
1. Section 10.03, Subdivision 9: Location of Accessory Structures
Application Summary: The variance request is to permit a recently remodeled accessory
building located in front of a new principal residence that will be constructed on the property. The
Haus' purchased the property last year and had a conditional use permit for a guest house approved
by the Council. They have decided not to construct the guest house and, instead, build a new
residence and remove the existing residence following receipt of a Certificate of Occupancy for the
new house.
The Property does not have direct access to a road. The lot is accessed via an easement for driveway
purposes along the west property boundary of the property to the northeast. The building in question
is located along the north property line where the driveway enters the applicant's property. The
building is located approximately 530' from Bayside Road and 200' from the nearest adjacent
residence. A property map has been attached.
In the Hardship Statement the applicants have stated they would prefer to keep the building where
it is located since they have just completed remodeling the building. The project description and
hardship are attached as Exhibit B.
#2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
Page I
Conformity to Zoning Code:
The Code prohibits accessory buildings from being located closer to the front property line than a
principal residence and meet a minimum setback of 1 O' to the side property lines. Because the
structure has been there since prior to the adoption of the zoning ordinance it is considered legally
non-conforming. The variance requested is to permit the structure to remain on the property without
a principal building assuming the structure to which it is accessory will be removed.
Required Setbacks:
Lots in the RR-lB district have the following setback requirements:
Principal Structure
Front Setback= 50 ft.
Rear Setback= 50 ft.
Side Setback= 30 ft.
Accessory Structure
Front Setback = shall be a minimum of 50 ft. and not closer to the front property line than the
principal residence.
Side Setback (for buildings less than 750 square feet)= 10 ft.
Rear Setback = 5 ft.
Staff Recommendation:
Staff recoII).ffiends approval of the variance based on the following findings:
1. The building has existed as a legally non-conforming structure and was recently remodeled.
2. The building is located on a property without frontage on a road. Access to the property is
via an easement over the lot located to the northwest. The building is located well behind
all other residential structures along Bayside Road.
3. Natural vegetation adequately screens the building from view from adjacent structures.
Options for Action:
1. Recommend approval.
2. Recommend denial, stating reasons.
3. Table.
4. Other action.
#2614 Joe and Sue Haus
4485 Bayside Road
Variance -Public Hearing
CITY OF ORONO -VARIAN CE APPLICATION
Initi_al Application Fee $250.00 •
($50.09 per each_ additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY lNF9~'1ATION
Site Address ffl 5 B45J. < c& .DJ
Application # 2 {p f Lj
Date Received g-2.3-O0
A.mount Paid $ 25 0
Property Identification Numbef (P .I.D.) o(o -\ l 7 --Z.. 3 "2 l O O O 3
Attach legal description to application if not included on required survey.
Date Property Acquired __ J...c.....,1-/_,q'-9,__ ______________ (montb/year)
I (do) (do not) also ovm the icljacent parcels of land.
Present use of property: 2-_residential __ other (specify) _________ _
Zoning District:_R-<.....;...R:......:._-..... l ..... .B"----------------------
APPLICAL~T
~::ss: dt 14~ &Ji
O\Th1ER (if different than applicant)
Name
Phone (home) /p[,) 7 t./7 8 t, & 7
Phone (work) bid l/'15 6ol 1 ~
City: 0/0,JVC/ Zip: 55 351
Phone (home). _______ _
-------~-------Phone (work). _______ _
Address: ------------City:. ________ Zip:. ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $_-_o_-____ _
Describe request in detail: _,S~ee-=-~A'--'-ff.!..'.:4-c.~~~~=-~:.--____________ _
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
✓ Setback: / Front Side Rear
_L Other (specify)
__ Lot Coverage
Average Lakes ho re
HARDSHJP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: E'tis±iry 5--h-u.e,{l.(.r<., 1~1f{on
(attach additional sheets if necessary)
6
A
This variance request is to keep an existing garage that will be located in front of the principle
structure. This garage has recently under gone considerable repairs. After purchasing the property last
year we applied for a Conditional use permit to build a garage/guest house with the intended purpose to live
in that residence while construction on a new home took place. After realizing the cost involved in
building the guesthouse we discontinued that course and decided to put the money towards a new house in
2000. To provide for immediate storage we started repairs on one of the accessory structures removing half
of the structure according to the city inspector's recommendations. At that time we removed the other run
down structures on the property that were not as easily repairable.
This year during the process of getting a permit for the new residence Lyle called with questions
on plans for the existing house and garage. We plan to remove the existing house after moving into the
new house but want to keep the garage. The intended purpose of the garage will be for storage and snow
removal equipment as it is at the top of the property/driveway and will make snow removal less difficult.
Lyle said that we would need to apply for a variance because the garage would be in front of the principle
structure. He indicated a variance might be granted because our property and this structure are located far
from Bayside Rd and cannot be seen from the street. While visiting with Paul from the city he also
indicated it might be desirable to move the structure farther from the lot boundaries to meet setback
regulations. After discussing this with several contractors we discovered the cost for moving the garage
because of foundation oddities would be better invested in a completely new structure if keeping the
current garage is not approved.
Thanks for your consideration,
Joe and Sue Haus
Before and After Pictures attached.
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LAND SURVEYORS
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location of oll buildings ond vislblo oncroochrnento, if uny, from or on
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1'1111' pftr< or tho llonhont 1/.f. or the llorthwnt 1/• or uoo'1on o,
1'ownnl1lp ll7, nonga 2a daaorlbe4 u l'OllDlldlD•slnnlne at tho
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llortbwoot l/4. or BooUon tt11boooe •••• along tb♦ llorth lln• or th\
Bou\bwoot 1/.f. or •_e.J.d llortbn•• 1/t or llortl11•••t l(• or BooHon 6,
a d1 ■hnoo or .llJ .roilaf' tbonoo Boutb 'nd parellol • tb tb• 11-■t lln•
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Survoyod by us this 26th doy of June -~
Charfee f, Andcroon, Minn, Reg, No.2175:.5 or
Gregory R. Prosch, !Jinn Reg No. 2-4992
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RUN DATE 08/03/99
BATCH 504
P.ROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
58 06-117-23 21 0002
04455 BAYSIDE RD
H & P JOHNSON
HARKS & PATRICIA P JOHNSON
4455 BAYSIDE RD
HAPLE PLAIN HN 55359
58 06-117-23 21 0005
04565 BAYSIDE RD
P & S RENNEBOHH
PETER & SHARON RENNEBOHH
4565 BAYSIDE ROAD
HAPLE PLAIN HN 55359
38 06-117-23 24 0001
00215 NORTH ARH LA
CA PASS ET AL TRUSTEES
JEAN T ARHSTRONG
235 ARH LAN
HOUND HN 55364
HENNEPIN COUNTY PROPERTY INFORHA~ION SYSTEH
PROPERTY OWNERS LIST
38 06-117-23 21 0006
04465 BAYSIDE RD
BRENT & SHIANN JOHNSON
BRENT & SHIANN JOHNSON
4465 BAYSIDE RD
HAPLE PLAIN HN 55359
TOTAL BATCH 504 00007
REPORT NO. PI43540l
PAGE 10
38 06-117-23 21 0004
04495 BAYSIDE RD
G & B KELLEY
GERALD P KELLEY,
16925 CO RD NO 6
PLYHOUTH HN 55447.
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS
. OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. i: ~ ~
DATE t -11 BY · ~d..t.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
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CITY OF ORONO )
CERTIFICATE OF MAILING
I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #2614, as mailed to the attached list of
property owners .
In Witness Whereof, I have hereunto set my hand and seal this 7th day of OCTOBER, 2000 . ,--_,/
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, October 16, 2000, beginning at 6:30 p.m. on the matter -of reviewing the
following land use applications:
1.
2.
·•
4.
5.
6.
7.
#2571
#2614
#2622
#2623
#2624
#2625
Doug Ault and Jim Ginther, 2739 Shadywood Road, requests an after-the-
fact variance to allow an expansion of the existing parking area to
accommodate two parking spaces constituting hardcover within 75' of the
OHWL (929.4') of Lake Minnetonka for a lot used for mooring of two boats.
Joe and Sue Haus, 4485 Bayside Road, request a variance to permit an
existing detached garage to remain on the property 2' from the north property
line, closer to-the property line than a new residential structure.
Paul Pascuzzi, 3320 Navarre Lane, requests an after-the-fact variance to
permit a storage shed to remain on the property. The shed has been
constructed on a property line and within a front yard, where accessory .
structures are required to be located at a minimum setback to the principal ·
residence.
Gina Kosek, 1875 Shadywood · Road, requests variances to permit
construction of a deck within the 75' lakeshore setback where no structures
are permitted.
Greg and Michelle Walsh, 1926 Fagerness Point Road, requests variances
to permit new construction of a residence on an undersized lot 8,018 s.f. in
area where 21,780 s.f. is required, 20' from the front property line where 30'
is required, 30' from the lakeshore of Lake Minnetonka where 75' is required,
and to permit.hardcover and structure within 75' of the lakeshore.
Roger Olsen, 815 Partenwood Road; requests renewal variances for
lakeshore setback, and hardcover in the 0-7 5' setback to remodel and expand
an existing residence.
Morgan K. Nelson, 3145 Jamestown Road, requests variances to permit
construction of an above ground pool encroaching 30' into the average
lakeshore setback and within the 150' structure setback to Lake Classen.
-c-,__.. -. ~
8. #2626
9. #2627
10. #2628
11. #2629
12. #2630
William B. and Lynne M.L. Peterson, 420 Orchard Park Road, requests
variances to permit construction of a new residence on a 4.8 acre lot where
5 acres is the minimum lot size for new construction, and vacation of a public
right-of-way.
Willmar L. Thorkelson, 440 Big Island, requests an after-the-fact variance
to permit an accessory building to remain on the property 23' from the
property line to an undeveloped right-of-way where 30' is required.
Roger Anderson, 2200 Shadywood Road, requests a lot width variance to
permit a new residence to be constructed on a property 52' wide at the
required structure setback from the lakeshore where 100' is required.
Keith Nord, 1245 Lakeview Avenue, requests variances to permit a
residential addition within a required 1 O' side yard setback and vacation of a
portion of an undeveloped public right-of-way.
Gregg and Stephanie Larsen, 1380 Rest Point Road, requests variances and
a conditional use permit to replace deteriorating retaining walls within 75' of
the lakeshore of Lake Minnetonka with boulder retaining walls constituting
replacement of hardcover and structure within the lakeshore setback.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and shall be submitted to the City of Orono by October 11, 2000. Plans are available in the
City Offices. For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
Paul Weinberger, Zoning Administrator/Planner
To be published the week of September 30, 2000.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
y\J ,~
CITY OF ORONO
2750 Kelley Parkway, P.O. Box· 66
Crystal Bay, MN 55323
Phone (952) 249-4600
Fax (952) 249-4616
NOTICE .
The Planning Commission wiil hold
public hearings in the Council Chambers at
2780 Kelley Parkway on Monday, October 16,
2000 beginning at 6:30 p .m. on the matter of
reviewing the lollowing land use applications :
' ' . '.:
1. #2571 Doug Ault and Jim Ginther,
2739 Shadywood Road, requests an after-
the ,fact variance to allow an expc1nsion of the
existing parking area to accommodate two
parking spaces constituting hardcov_er within
', 75' of the OHWL (929.4') of Lake Miri()etonka
for a lot used for mooring of two boats . ~'i•½ .
· <.;,:;'.~1 j fi~ #2 f &Mbe ~\!Y-?~-H W{':$•?i;;~
1"ea"'li ,t;~,;!¥,i ~i a~~ft·rls19~·.i ;:;, .. _•.1½16· .\'.1n; ··1 . ,_. -~-·~'1~ .. • .~Q ., ..... ,;,.,,. t!~~"~;•.·· P. f. 1,1 an tmsllng detached !'.jarage to rnmam on the
prop!Jrty 2' from the north property line ;
closer to the property line than a new
residential structure. ·
3 . #2620 Pau l Pascuzzi , 33 2 0
Navarre Lane, requests .an afte r-th e-fact
variance to permit a storage shed to remain
on the property. The shed has been
constructed on a property line and within a
front yard, where accessory structures are
required to be located at a minimum setback
to the principal residence.·
4. -#~622 Gin a Kosek, 1875
Shadywood Road, requests variances to
, permit construction of a deck within the 75'
lakeshore setback where no structures are
permitted .
5. #2623 Greg and Michelle Walsh ,
1926 Fagerness Poinl Road, requests
variances to permit new construction of a
residence on an undersized lot 8,018 s.f. in
area where 21 ,780 s.f . is required; 20' from
the front property line where 30' is required ;
30' from the lakeshore of Lake Minnetonka
where 75' is required, and ' to permit
hardcover and structure within 75 ' of the
lakeshore ,
6. #2624 Roger Olsen, 815
Partenwood Road, requests renewal
variances for lakeshore setback,. and ·
hardcover in the 0-75' setback to remodel
and expand an existing residence .
7 . #2625 Morgan K, Nelson, 3145
Jamestown Road, requests variances to
permit construction of an above ground pool
encroaching 30' into the average lakeshore
setback and within the 150 ' structure setback
to Lake Classen .
8:'.. #2626 .. William 8 . and Lynne M.L.
Peterson, 420 Orchard Park . Road ,
requests variances to permit construction of a
new residence .on a 4 ,8 acre lot where 5 acres
is the minimum lot .size .for new construction,
and vacation-of _a public ,right-of-way ..
9. #2627 Willmar L. Thorkelson, 440
Big Island, requests an after-the-fact
variance to permit an accessory ·building to.
remain on -the property 23' from the property
line to an undeveloped right-of-way where 30'.
is required. ·
10. #2628 Roger Anderson , 2200
Shadywood Road , requests a lot width
variance to permit a new residence to be
constructed on a property 52' wide at the
req·uired · structure 'setback from the
lakeshore where 100' is required.
11 . #2629 Keith Nord, 1245 Lakeview
Avenue, requests variances to permit a
residential addition within a required 1 O' side
yard setback and vacation of a portion of an
undeveloped public right-of-way .
12.. #2630 Gregg and Stephanie
Larsen, 1380 Rest Point Road, requests
variances · and a conditi_onal use permit to
replace deteriorating retaining walls within 75'
of. the lakeshore oi Lake Mi nneotnlia ··with
·boulder ·· retaining · walls constituting
replacement of hardcover and structure
within the lakeshore setback .
All. ·persons wishing ·to be heard ar11
encouraged to attend this meeting . Written
. comments . ,are accepted and shall be
' submitted to the City of oro·no by October 11,
2000. Plans a(e available in the City Offices .
. For an appointment, please call (952) 249 1
4600 .
: !•';-:; ;'
City of Orono
By ~ -~l~n~ing Commi~sion
, Paul lfv'.einberger . .
Zoning Administrator/Planner
· (Pyblishecl . in Jhe : L:aker and Pioneer
Sepf. 30, 2000) •. '
~: ~·~): J"'-~f:;)_:)
-~ c,, .... po.
, /)_t1f ij
• .... ·~ ~ 'f \..,•1 • t_,, .( ;[\~()
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below:
A .) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A:o?, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the 30th day of September 2000 ,
and was thereafter printed and published
every Saturday, to and including Saturday,
the day of ,t?✓,,;, 20 ~L-·
~
~-
r.Uthorized Agent
Suscribed and sworn to me on this
30th day of / September , 20 00.
7 ,
By: _ _Jf/lfl1i.£~1J}JJJ,J_'--~:=-□.-;i~--
Notary Public
KRISTI HOLM
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jq.11 . 31, 2005
~,~---.... -,.,,,-_~~
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $13.45 per inch .
(2) Maximum rate allowed by law for above matter: $13.45 .
(3) Rate actually charged for above matter: $7.49 per inch.
Each additional successive week : $5.44.
, ~ •-.... ~.n••-,..,.
I •
STATE OF MINNESOTA)
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I , Mary Ann Johnson, of the City of Orono, Hennepin County , Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #2614 , as mailed to the attached list of
. property owners.
In Witness Whereof, I have hereunto set my hand and seal this 7th day of SEPTEMBER,
2000.
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600
Fax (952) 249-4616
NOTICE
, The Planning Commi ssi on will hold
!·.·.·. public hearings in the Council Chambers at
2780 Kelley Parkway on Monday, September
18, 2000 beg in ning at 6:30 p .m. on the mailer
I of reviewing the lollowing land use r applications:
i·
; 1. #2604 James Anderst , owner of the
Narrow's Saloon , located at 3380 Shoreline
Drive, requests a conditional use permit and
a commerci al si te plan review to permit an
i expans ion of the ta ve rn into the adjacent
i building increasin g the size of the floor space
[ by 1,000 square-fee t and to permit l ive
I · entertainment within the building.
i
f · 2 . #2608 Ph ilip and Karen Skoog, 2 8 O
; Tonka Avenue, request variances to permit
additions to the res idence for a 24 · X 22 '
• anached garage 43' from the front property
line where 50' feet is required and an 18' X
13.6' dining area 39' from the rear property
line where SQ' is required .
3 . #2609 Alan and Maxine Opheim,
1985 Fagerness Point Road, request
variances to permit con structi on of an 18' X
·12• three season porch o ver an existing
concrete slab 6.9' from the side lot line where
1 O' is required, and to permit a 73'
encroachment into the average lakeshore
setback .
4 . #2610 Jerome J . Hall, 80 Leaf
Street, requests variances t o permit
rec ons truction of a deck setback 48' from a
protected tributary constituting increased
hardcover and structure within 75' of the
i creek.
~ 5 . #2611 Marlys McCarty , 225 Tonka
Avenue, requests vacation of a utility
easeme nt and to relocate the easement to
. the south 15 ' of the property.
6 . #2612 Donald Macmillan, 2550 Fox
Street, requests a variance to permit
. construction of a detached garage closer to ·
the front property line than the prinicpal
: residence.
7 . #2613 James and Debra Renckens,
• 3020 Watertown Road. request a variance
to . permit construction of a detached garage
closer to the front property line than the
prindpal res idence .
8. #2614 Joe and Sue Haus , 4485
Bayside Road, requests a variance to
permit an existing detached garage to remain
on the property 2' from the north property
· line, closer to the proper-ty line than a new
residential st ructure .
9 . #2617 Doug Olson and Barbara
Bowers, 2601 Lafayette Road, request
variances to permit a second story additio n
. within 75' of the lakeshore and encroaching
70' into the average lakeshore setback.
10. #2618 John Walker, 1368 North
Arm Drive, requests a variance to permit a 4'
X 20' resident ial addition 4.5' from the side
property line where 1 0 ' is the required
setback .
All persons w ishing to be heard are
encouraged to attend this meeting : Written
comments are accepted and shall be
submitted to the City of Orono by September
· 14, 2000 . Plans are available in the City
.Offices : For an appointment, pleas e call
(952]249-4600.
City of Orono
· By: Planning Commission
Paul We in berger
Zoning Administrator/Planner
(Pub li ,:·,_"·-··•..;;,;;: !..aker and Pioneer
Sept. 2 , 2000)
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the 2nd day of _.!::'.S..::::e..c::P....:::t..::::e~m:.=b..::::e..::::r __ 200 0 ,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of _______ 20_,
~ent
Suscribed and sworn to me on this
Notary Public
KRISTI HOLM
NOTARY PUBLIC· MINNESOTA
My Comm ission Expires Jc;n . 31 , 2005
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space : $13.45 per inch .
(2) Maximum rate allowed by law for above matter: $13.45.
(3) Rate actually charged for above matter: $7.49 per inch .
Each additional successive week: $5.44.
..
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, IVIN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, September 18, 2000, beginning at 6:30 p.m. on the matter ofreviewing the
following land use applications:
1. #2604
2. #2608
..,
:) . #2609
4. #2610
5. #2611
6. #2612
7. #2613
8. #2614
James Anderst, owner of the Narrow's Saloon, located at 3380 Shoreline
Drive, requests a conditional use permit and a commercial site plan review
to permit an expansion of the tavern into the adjacent building increasing the
size of the floor space by 1,000 square feet and to permit live entertainment
within the building.
Philip and Karen Skoog, 280 Tonka Avenue, request variances to permit
additions to the residence for a 24' X 22' attached garage 43' from the front
property line where 50' is required and an 18' X 13.6' dining area 39' from the
rear property line where 50' is required.
Alan and Maxine Opheim, 1985 Fagerness Point Road, request variances
to permit construction of an 18' X 12' three season porch over an existing
concrete slab 6.9' from the side lot line where 10' is required, and to permit
a 73' encroachment into the average lakeshore setback.
Jerome J. Hall, 80 Leaf Street, requests variances to permit reconstruction
of a deck setback 48' from a protected tributary constituting increased
hardcover and structure within 75' of the creek.
Marlys McCarty, 225 Tonka A venue, requests vacation of a utility easement
and to relocate the easement to the south 15' of the property.
Donald Macmillan, 2550 Fox Street, requests a variance to permit
construction of a detached garage closer to the front property line than the
principal residence.
James and Debra Renckens, 3020 '\Vatertown Road, request a variance to
permit construction of a detached garage closer to the front property line than
the principal residence.
Joe and Sue Haus, 4485 Bayside Road, requests a variance to permit an
existing detached garage to remain on the property 2' from the north property
line, closer to the property line than a new residential structure.
9. #2617
10. #2618
Doug Olson and Barbara Bowers, 2601 Lafayette Road, request variances
to permit a second story addition within 75' of the lakeshore and encroaching
70' into the average lakeshore setback.
John Walker, 1368 North Arm Drive, requests a variance to permit a 4' X
20' residential addition 4.5' from the side property line where 1 O' is the
required setback.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and shall be submitted to the City of Orono by September 14, 2000. Plans are available in
the City Offices. For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
Paul Weinberger, Zoning Adr=;i;nistrator/Planner
To be published the week of September 2, 2000.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFO~TION
Site Address 1../'fB 5 B4JJ.si& M
Application # 2 {p f Lj
Date Received 8-2. ?>-O O
Amount Paid /; 25 0
Property Identification Numbef (P.I.D.) Ofu-\ l 7-2 3 2 l O O O 3
Attach legal description to application if not included on required survey.
Date Property Acquired __ .7....,__,,_/_,e;c...,CJ,_ _____________ (month/year)
I (do) (do not) also ovm the idjacent parcels of land.
Present use of property: 2-_residential __ other (specify) _________ _
Zoning District:_..,_R-'-R:....:....-~1 .... .B'-----------------------
APPLICANT -
~:: .. , J,; ~ M
O\VNER (if different than applicant)
Name
Phone (home) /p{;) 7 47 oJ '-"7
Phone (work) 6/J 1-ff:S ()~I .;l..
City: OrotJcJ Zip: ;55 371
Phone (home). _______ _
----------------Phone (work). _______ _
Address: . -------------City: ________ Zip:. ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $_-_o_-____ _
Describe request in detail: _£5~ee-=-_A-!..!...l.ff~4-Cu./~h;~~=-=~-------------
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
✓ Setback: / Front Side Rear
/ Other (specify)
..
/(\
__ Lot Coverage
Average Lakeshore
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: l£'LLs+in7 5.-h,-(.(c:·htr(., loc1flon
(attach additional sheets if necessary)
6
REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in
order for your application to be considered complete:
3.
4.
5.
6.
7.
8.
Completed Application Form
Certified Property Owners List ofowners ·within 150', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-5910).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide· one (1) copy 8½" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
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.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant's Signature ,-,.&>4 Date 8 -f 'i{_-t!>O
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request. . .
Ownei's Signature ~ ~ . Date /i;-/f ~tXJ
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting .
7
This variance request is to keep an existing garage that will be located in front of the principle
structure. This garage has recently under gone considerable repairs. After purchasing the property last
year we applied for a Conditional use permit to build a garage/guest house with the intended purpose to live
in that residence while construction on a new home took place. After realizing the cost involved in
building the guesthouse we discontinued that course and decided to put the money towards a new house in
2000. To provide for immediate storage we started repairs on one of the accessory structures removing half
of the structure according to the city inspector's recommendations. At that time we removed the other run
down structures on the property that were not as easily repairable.
This year during the process of getting a permit for the new residence Lyle called with questions
on plans for the existing house and garage. We plan to remove the existing house after moving into the
new house but want to keep the garage. The intended purpose of the garage will be for storage and snow
removal equipment as it is at the top of the property/driveway and will make snow removal less difficult.
Lyle said that we would need to apply for a variance because the garage would be in front of the principle
structure. He indicated a variance might be granted because our property and this structure are located far
from Bayside Rd and cannot be seen from the street. While visiting with Paul from the city he also
indicated it might be desirable to move the structure farther from the lot boundaries to meet setback
regulations. After discussing this with several contractors we discovered the cost for moving the garage
because of foundation oddities would be better invested in a completely new structure if keeping the
current garage is not approved.
Thanks for your consideration,
Joe and Sue Haus
Before and After Pictures attached.
Adjacent Property Owners' Acknowledgement Form
I (we) ~C,Ov 1 ~ \<e,{l-e,'3 ·
[print name(s)]
· have r~viewed the plans for the proposed improvement .or proposed use of the property located
at 4{ljg5 'Brwsitk &fl . 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 arid that the proposed neighbor's
project or use requires Council approval.
Property Owner Date .&® //~:,,
'{ 1,1 ' 1· ·:e,~. 1z,. •' ·~ ,.-,_,n\
****************************************************************************** . c;;...:::,o••
I (we) ~+-cJe:>~7>~
[print name(s)]
of r/'(t:>r . ~ $, 'i:>e-J2.t)
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property locate i::r--..1
at __________ 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.
~-+1'-.
Date
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.
8
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay; MN 55323-0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the· permit
or license.
3. The information may be shared with other local, state or federal agencies· to
extent necessary to process the permit or license.
4. If your requested permit or license requires Council action to approve, som
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself. 1..
6. Your full name is required to process this application or permit.
_Jo 5e p h _\ I-/ W S
First Middle Last
Address
Dro µ€J
City.
I~tand my rights as stated above.
s· ~ ture
/YJJI ,'5357
State Zip
Telephone (612) 249-4600 • Fax (612) 249-4616
&!) '/ I/ 5 O .J I :i._
Phone
9
SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on -..vhom 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 \vithin 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 la-..v enforcement officer.
The commissioner of revenue mav place the notice required under this subdivision in
the individual income tax or propertv tax refund instructions instead of on those forms ..
Subd. 3. Access to data by indhidual. 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 indi-..iduals 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 shov\TI the private data and informed of its meaning,
the data need not be disclosed to him for six i;nonths 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 \vithin 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 v.Titing 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 v.ith 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.
10
(13)
209.01
(5)
(3)
0
2'43"E Z57.14 la 209.01 422.19
(CO RD
0
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..
RUN DATE 08/03/99
BATCH S04
P.ROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
38 06-117-23 21 0002
044SS BAYSIDE RD
H & P JOHNSON
HARKS & PATRICIA P JOHNSON
44SS BAYSIDE RD
HAPLE PLAIN HN SS3S9
38 06-117-23 21 ooos
04S6S BAYSIDE RD
P & S RENNEBOHH
PETER & SHARON RENNEBOHH
4S65 BAYSIDE ROAD
HAPLE PLAIN HN SS3S9
38 06-117-23 24 0001
0021S NORTH ARH LA
CA PASS ET AL TRUSTEES
JEAN T ARHSTRONG
23S ARH LAN
HOUND HN SS364
\
HENNEPIN COUNTY PROPERTY INFORHA~ION SYSTEH
PROPERTY OWNERS LIST
38 06-117-23 21 0006
0446S BAYSIDE RD
BRENT & SHIANN JOHNSON
BRENT & SHIANN JOHNSON
446S BAYSIDE RD
HAPLE PLAIN HN SS3S9
TOTAL BATCH S04 00007
REPORT NO. PI43S401
PAGE 10
38 06-117-23 21 0004
0449S BAYSIDE RD
G & B KELLEY
GERALD P KELLEY.
1692S CO RD NO 6
PLYHOUTH HN SS447.
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS
, OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. I ~ '
DATE 5 -19 BY~ dd4'-~
I
l
Established in 1962 INVOICE NO. 57066
F .8.NO. 873-08 LOT SIURVEYS coi A Y, INC.
LAND SURVEYORS SCALE: 1" = 100'
REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA o Denotea Iron Monument
O Denotes Wood Hub Set 7601 73rd Avenue North 612-M0-3093
Fax No. 660-3522 for excavation only
Mlnnei,.polle, Minnesota 56428 xOOO.O Denotes Existing Elevation
@ Denotes Proposed Elevation
-......a1•.-.. Denotes Surface Drainage
8'urutynrs C!itrfifi.ratr
TONY EIDEN COMPANY
De--f"AiL ·--
NW Goll
Ji<://.,
Hid( '1" I
or 1,..Jw 1/4. t}t(. _ le, C,o. Qo · "'0 · g.4-
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IDYi, lZoD~ -\
11
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NOTE: Proposed grodH ore subject
to roeiults of soil tests.
I"·, ?o' (i;-J, ~ . " ' . -r.;,, ,,,,,.,
'{-. -~r;:Jgi,5_g ·-• .,_ .. . ... ··-·--_···-.· .. •. ( ft 2..D l IDOb,b / 1 O&I 1c:o __,,!~--~~ -----,
1
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loo4.fl.s :,, . '/~ :l4't," :tock,,/ l;sz-:_;,·rtr;t/t[tJ.-!'150-:,,0
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l 11 1e1
100·7.~)
\007,1,.,
'199. o
Proposed bulldlng Information
must be checked with approved
building plan ond development or
grading plan before e><covation
and construction. .
Proposed Top of Block
PropoHd Garage Floor
~
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u--, I ~ • I 'if:'
~1111
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Proposed lowest Floor
Type of Building
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LEGAi, DESCRIPTION
1'ba• por• or the Nonheaet 1/4 or the llorthweat l/4 or sootion 11,
Township ll7, Range ea doaoribed aa tollawa1Begtnning at tbo
NortbeHt oorner ot' the South11eot 1/4 or the Nortbeaet l/4 of tho
Nortbweot l/4 or Seot1on t11tbonoe Went along the North lino of th\
Soutb,rut 1/f. 01· eald Nortbeaat 1/4 or North11eet 1(4 or Seotion 6,
o diatanoe or ..W .rodaj' tbonoe South 'nd parallel w th tho \1ut 1100
or no l<I llorthooot l/4 or Northneet l -i. to South line or ea1d
llortbeaet 1/4 or Nortbweot 1/4 or Sootlon tll tbenoo Eaet alo06
south Hoe or llortblltlH 1/4. or tlorthweat 1/4. or SeoUon o, 28 rods;
thenoo llorth o dl atlllloe or 4.8 rod a ,a a. point 10 rods Eaat ot the
Yleet Hoo of the North~st l/4 or Nortboaal l/4 or Northl!Out l/4,
at' SooUon tlJ•tboooo lloat 10 rodo to lleet 1ne 01' ■old !lortbeoot l/4
or llortb11aat l/4 or Northweat 1/4 or 811ot1on ti; tbenoo 9outb to point
or beginnlllfl, oll in and part or SooUon ti, Tom,oblp 117 Hllll'l• 26;
Aino o otrip or land ij 1/4 tout wide on eaob elde at a l1no drawn
1·rom a poin• on tho llorth Uoo or Nortbweat 1/4 at Seotlon 11,
Toimsltip 117, Ronga 83 a distanoe or 10 l/11. rods East or North,utot
oomur or Nortb11aat 1/4. or Northeoat 1/4 of Nortbwaat l/4 ot e,aid
Bootion ti;tbenoe South a dlotanoo ot ilb rods to II point 10 l/2, rodo
!!out or lleat line 01· Nortbee.at l/4 or llortbeaut 1/4 ol' Nortbw11at l/4
or said Sootion 11, Township 117, Rongo II.~.
The only easements shown ore from plats of record or information
provided by client.
(NotelTba nrip or lnnd 8 l/4 reet wido on eooh aide at· the lJ.ne
auovu do•or1oed 1e lnoludod ln tho·aoo.-o oopt1on tor purpoelo (of
ebon1ng <itle to "n ea• ... ellt thereon whiob la appurtenllllt t'o 1,bo . . \ < ••
011lanoe of tho prenuaoe oovered by above oaption) \ 0 ;·'J / ) f)
Signed C Qf.f,-_.x~ l' L,U&.l✓a~~ We hereby certify that this is a true and correct representation of
o survey of the boundaries of. the obove described lcrnd and the
location of oil buildings and visible encroachments, it ony. from or on
said land.
Surveyed by us this 26th day of June 2(XX) ·--
Charles F. Anderson, Minn. Reg. No.2175:5 or
Gregory R. Prosch, Minn Reg No. 24992