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CITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $175.00 Pei
($50.00 per each additional varia
Renewal Variance Fee $100.00
(no change from original applicant
After -the -Fact Fees (Double application fee)
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PROPERTY LOCATION
Site Address
IPA
Property Identification Number (P.I.D. ) �' ��a•'�� "`
Attach legal description to application if not included on
required survey.
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APPLICANT Phone (home) 411.16(b=•
Name ly Phone (work) 9LA' 1 1 S` _
Address:=1#,"City:• Zip:_ Sfu
OWNER (if different than applicant) Phone (home)
Name JW Me VLWO Phone (work) S41.1S0�
Address: 5M HW 94151m lmCity: MM. Zip: 7WRZL
Date Property Acquired§T(month/year)
I (do) (dot) also own the adjacent parcels of land.
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PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property
Residential
Other (specify)
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DRSCRIPTION OF RRQURST Estimated Construct+on Cost S
Describe request in detail: ` 00 *a-"" � WIN 1,
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VARIANCRS RRQUIRRD
Lot Area
Lot Width
Hardcover
Setback Variances
( Fro t
Muo-
Sid&
Rear)
Other
� �
HARDSHIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: $1
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DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions reve ting compliance with Zoning
Code Requirements: m
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REQUIRED SUBMITTALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain,
this list from Hennepin County Department of Finance A-603 Govt Center:
348-3271).
3. Plat Map (obtained with property owners list).
4. Certificate of sur,,ey (signed by a licensed surveyor) to include
hardcover calculations as required.
5. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
6. Sketches or plans of floor and elevation views.
7. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
8. Additional items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A woRxl*G COPY (110 X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
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The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
infors tion has not been included.
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Certification by Clerical Department that Variance Application is complete.
Initialed by Clerical Staff: Date
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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 an r ct to a est of his/her knowledge.
)V Applicant's Signature ` Date N IL "Ot� 0
OWKXRS SIGNATURE
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion rnd verification of this requesl.4
Owner's Signature _ ��''� ' ! '` * ., Date
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Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building i Zoning
Office of this change prior to the meeting.
CITY OF ORONO
NOTICE w�
The pia^n,ng Commission *,It hold D' o"5 I
hearings ,n the Coun� Monday oell tl 1990
South Brown Road on canons
to review Ine 3 MOk Pierce Of U&OOfa^
I No 1553 M e
pfIve seeks a he,ght variance for entrance
monuments and an electric pate *,thin the
front street yard of the property eme^tt of a680
Nu 1554 t,mo1 y
North Arm 0nve seeks a,Ot area vansnce and
tilde setback to rebu,,d a new residence en a^
existing toundatiun
3 No 1556 Gerald Neuon °na ticovewas
ports Road
seeks apWO,a, a
+once to enclose an a■.swig 3 s,ded recessed
area or the existing Iesrdence and Roberta
, No ! 559 and 158o Jo
tMrnk n Of d 1:5 H,g,,%OOd Road seek appfov',1
nr tl'ch Of &r and average lakeshore setback
varlahces r°r the Installation Of a pool Within
the IakeshOfC ye"d dnd a :Ond+tionM use Wf'
rent 10 pern'1 cerl B+n,dno allefdtipns In excea8
of the allOa c'1 f(10,,•t,,C rd'OS dwUl,Mg iris,&'
t 1041n,�n; v.alg
satin^ O c` 3820 Cherry
5 NO 156f Chnahn2 Back
O•a, a' a ldkesh 0% setback
Avenue seeks apC ' ,k„P{,tlp aeck
., tnP earns ' �
drC ��1l,.dpd C.P, an are.f allead:.•i ucued
Va. res'denf., '.dnU`Pr
F h.;" •5C: Jd:• anti be.e"` G• nfl."Onal
! No•'•' S"ee Rudd seek a co
�•• en[es.0• Ine rrsiallatiOn Of
use• her*, • r.. •w.In.,
a designated
wef ., .. ..•er'e and Jere, Dent&, °'
w' 1 k, ,• •uv . appr0, a, Of a side
,A"..nces
pr�aeo ca .2? de'd:'ned 9dfage to De located
adhtn the street yard 01 lheu lakeshore
pf0De"Y Anderson of
6 No 1565 Leesa and Richer' ! r the
3205 Crystal Bay Road have bled an a to
act hardcover variance to, a Lakeside
akesi a mead
constructed without a oJ'ld'ng permit
applied 10, sale setbackand
hard ddton have
cover variances
the deck. Weeto DO proposed
porch and sun
room add,hon
to the &%,sting residencer Thomas Req^'er
and
of g No 1586 or AvenM seat, approval of a
side
e street
Elmwood setback variance for a proposed ad
d,bon to 1he e.,slmg residence 156, Robert and LouAnn Powell J
10 No r
of 2916 Casco Pont Road seek epD'oval Of an
,,,rage lakeshore selbaCk ,arlance'or x pro
posed deck 10 be{Installed at the lat,es+de Of
the existing residence f
11 No 1566 James and Jud'n P,erppnt o
18p1 Nest Farm Roacondtanal use perm' for
setback v 8^d
the conversion 01 an &■,sting Darn ,MO ,n ,n
depend-, quest house unit n the owner Of
112 No 1569 Sam McG°u
Say
an undeveloped property,, of ,front Yed ard set
Sid, Road seeks aPPf oval o a residence
back variance for a orOpO�d
All pe•sons w,sn,ng Io be heard *,it appear
at th,s time The meeting starts at 7 00 P in
vynnen cOmrf1en11 ale so c.ted Plains are avail
able 'Of fev,fw ,n it'*
c,ty Offices 0y so
Mniment
C'r 04 Orono m+ 51+0^
9> p,annmq Co Jeanne A Maoust•
BuJdmg b ion'ng A imrnlstiato•
IPub^tined In Tne lak!' and P'oree• Julv.=
logo
Affidavit of Publication
State of Minnesota, Countv of Hennepin
Bill Holm, being duly sworn, on oath says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER. Mound, Min-
nesota, and has full knowledge of the facts which are
stated below:
A.) The newspaper has complied with all the require-
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A.02, 331 A.07• and other applicable laws, as
amended. f
B 1 The printed —Ad
which Is attached was cut from the columns of said
newspaper, and was printed and published once each
weer, for_ successive weeks:
It was first published Monday.
the day of t 9t
t.
and was thereafter prints and p blished every"
Monday. to and including Monday.
the ____ day of
_ Authorized Agent
. CUNTV !
V• •. ,. ill'•. _s )�lif�
Subscribed and sworn to me on this
- day of- ( t9 c
By ir�'f It , �L[GIIL
Notary Public
Rate Informatflon
west clatvned rate paid by COrft"WLIaf uAars IV Campa•a
ble space 09 80 per Inch
Ma%Imu . rate at+Owed Cy taw lot above mailer $9 a0 ilat iris^
3 Rafe actually chafged to, above matter $5 20 Pw W40&
Each addttlolml successive +48e1! $3 38 per "C"
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CERTIFICATE OF NAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1569, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 29th day of June, 1990.
Ja i Bosma
CITY OF ORONO - NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, July 16, 1990 to
review the following land use applications:
1. #1553 Mike Pierce of 480 Deborah Drive seeks a height
variance for entrance monuments and an electric gate within
the front street yard of the property.
2. #1554 Timothy R. Gramentz of 4680 North Arm Drive seekb a
lot area variance and side setback to rebuild a new
residence on an existing foundation.
3. #15`_)6 Gerald Nelson of 1629 Bohns Point Road seeks approval
of a hardcover variance to enclose an existing 3-sided
recessed area of the existing residence.
4. #1559 & #1560 John and Roberta Henrich of 4125 Highwood
Road seek approval of hardcover and average lakeshore
setback variances for the installation of a pool within the
lakeshore yard and a conditional use permit to permit
certain land alterations in excess of the allowed 100 cubic
yards involving installation of retaining walls.
5. #1561 Christine Beck of 3820 Cherry Avenue seeks approval
of a lakeshore setback variance for the extension of a
lakeside deck to be extended over an area already occupied
by the principal residence.
6. #1562 Jack and Beverly Grundhofer of 581 North Stream Road
seek a conditional use permit and variance for the
installation of a dock structure located within a designated
wetland.
7. $1563 Maurene and Jerry Denzel of 1295 Elmwood Avenue seek
approval of a side setback and hardcover variances for a
proposed 24'x28' detached garage to be located within the
street yard of their lakeshore property.
8. #1565 Leesa and Richard Anderson of 3205 Crystal Bay Road
have filed an after -the -fact hardcover variance for a
lakeside deck constructed without a building permit and in
addition have applied for side setback and hardcover
variances for a proposed extension of the deck, screen porch
and sun room addition to the existinq residence.
9. $1566 Dr. & Mrs. Thomas Regnier of 1205 Elmwood Avenue seek
approval of a side street setback variance for a proposed
addition to the existing residence.
10. #1567 Robert and LouAnn Powell, Jr. of 2916 Casco Point
Road seek approval of an average lakeshore setback variance
for a proposed deck to he instal .led at the lakes ide of the
existing residence.
v
Notice
June 26, 1990
Page 2
11. 11568 James and Judith Pierpont of 1801 West Farm Road seek
approval of a side setback variance and conditional use
permit for the conversion of an existing barn into an
independent guest house unit.
12. 11569 Sam McCloud, the owner of an undeveloped property
located at 4280 Bayside Road, seeks approval of a f-.ant yard
setback variance for a proposed residence.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 PM. Written comments are solicitet'. Plans are available
for review in the City offices by appointment.
City of Orono
By: Planning Commission
Jelinne A. Mabusth, Building & Zoning Administrator
To be published the week of July 2, 1990.
To: Mayor Grabek & Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Jeanne A. Mahusth, Building & Zonirq Administrator
Date: July 13, 1990
Subject: #1569 Sam McCloud, 4280 Bayside Rcad -
Variance - Public Hearing
Zoning District - RR-1A
Pertinent Ordinances & Special Issues to be Addressed for this
Review -
1. Secti- 0.27, Subdivision 5 (A)
a) Area:
Required = 5 acres
Existing = 6.5 acres (contiguous dry land above 935
elevation)
b) Front/Street Setback:
Required = 100'
Prul osed = 68'
Variance = 32' or 32%
c) Height of structure to be confirmed at your meeting.
A�tlicant has not included elevations of structure. Staff
does not foresee a troblem as this is a one story walk -out
structure.
2. Section 10.27, Subdivision 4 (A) -
3. Section 10.02, Definition - Animal unit and Section 10.27,
Subdivsiion 4 (A). In addition to all accessory structure
ordinances.
a) Current location of barn as shown on your Clans is not
final as the trolosed seltic sites will be located in that
same location. The barn must be E laced on the 1 rot erty to
meet the following setbacks:
100' from front street yard
26' from wetlands 935' elevation
75' from all other troterty lines
h) eased on the 6.5 acres of area, a total number of 4
horses may be maintained on the site.
4. Section 10.03, Subdivision 9 (C) -
Allowed area for accessory structure = 3,000 s.f.
Protused - 2,280 s.f. (57'x40')
Zoning File i1569
July 13, 1990
Page 2 of 4
5. Septic code requirement. As of this writing, the City is
not in receipt of the final perc and boring tests Performed
on July 12, 1990. We are assured by the on -site septic
evaluator that he will have the information into staff by
late Friday or early Monday so that staff can confirm
suitable area for on -site sewage/disposal systems for the
proposed 10 bedroom home. The evaluator has found suitable
area based on slope conditions and 75' set back from the
wetlands (review Exhibit E).
6. Section 10.03, Subdivision 21 - Exception. A determination
as to whether the proposed land alterations fall under this
section or require selarate conditional use permit review.
List of Exhibits
Exhibit A - Application
Exhibit B1-2 - Applicant's Addendum
Exhibit C - Property Owners List
Exhibit D - Plat Mal
Exhibit E - Conceltual Septic Malping
Exhibit F1- Tolographic Survey 1=100' allroximation
Fxhibit G - Site Plan
Exhibit H - First Floor Plan
Fxhibit I - Lower Floor Plan
Review of Application -
!'he ap p 1 i cant l rol oses the resident is A deve lopmant of the
20+ acre site to the immediate east of the Parten lroperty. If
members remember, this is the trolerty that is served by the 60'
wide easement through the Parten prolerty. Staff has never
received a copy of the easement documt nt. Technically the
property aplears landlocked. Prior to scheduling the application
before the Counci 1; the City must be in receilt of a copy of the
easement document. Applicant will be reslonsible for extending
the existing lrivate drive to the west boundaries of the
property. Based on all l revious reports, the current easement
will allow a driveway within the 60' right-of-way as shown.
Review Exhibit E, the site Ilan that locates septic systems
to serve the lrulused residence, the lrulosed barn at 57'x40'
must be relocated on the site tc meet the setbacks defined above.
The lrojerty with total acreage at 20+ acres would permit a 3,000
s.f. oversized accessory structure. The lroEcsed structure is
2,280 s.f.
Zoning File #1569
July 13, 1990
Page 3 of 4
It is not customary for the City to ask for septic testing
when dealing with a 6h acre dry contiguous site. Many portions
of this site are restricted for septic use with severe slcpea and
by the required setback of 75' from the wetland. in addition,
I lease review the floor flans of the proposed structure. There
Is a total of 10 bedrooms proposed for this residence. Two of
those bedrooms are proposed for guest or domestic staff use. The
two sleeping rooms are located on the first floor. Note that
there are no kitchen areas proposed. Applicant is advised that
if kitchen areas are ever installed to serve this section, a
reparate conditional use permit will be required for a guest
house/non-rental apartment. The crucial issue for this review
will be if aptlicant's consultant can provide test results that
confirm the site can maintain a 10 bedroom home. Once again,
staff will confirm the capabilities of the site at your meeting.
In reviewing the site plan (Exhibit F), note the grading
proposed as a result of the major cutting and filling to be done
on the site. The at t licant will be •�xt.ected to file detailed
grading and drainage plans with the building permit application,
p-rcviding detail on all retaining walls on the site. Note the
retaining walls proposed are located well within the required
setback for accessory structure. Aptlicant's representative
should provide information as to the maximum height of the walls
proposed.
It is difficult for staff to determine whether a separate
conditional use permit review would be required lacking detailed
plans. As one may argue that because of the totography the
necessary land alterations and retaining walls are required to
protect the foundation of this oversized principal structure.
The building and zoning code would allow such land alterations
under a building termit. Planning Commission may wish to ask
further questions of the apt licant and to provide direction to
the staff.
Please review Exhibit B1-2, Mr. Webber has provided a
listing of the hardships and unique findings for this property in
seeking a front/street setback at 68' where the 100' setback is
required. They are reviewed as follows:
1. The majority of the home meets the 100' setback. The
setback variance is sought for only a garage and entry
addition to the residence.
2. The house has been t laced at the edge of the ridge in
order to minimize erosion and the major cutting into the
more steeper elevations.
Zoning File 11569
July 13, 1990
Page 4 of 4
3. The severe slopes to the east and north required
placement at the top of the ridge in order to minimize
impact on extreme dense vegetation. This will minimize the
removal of trees in the steeper elevations decreasing
potential for erosion problems.
The total finished area of the house is approximately
11,594 s.f. (7,402 1st floor, 4,192 s.f. finished area lower
level). Applicant should be advised that any future
development of the lower level involving higher water usage
may be very difficult based on the limited area of dry lands
at 6% or less.
Options of Action -
Denial. 7f denied, p lease refer to the necessa.y findings
in Section 10.08; or
Alproval pending confirmation that there is adequate area
for on -site sewage treatment facilities to serve a 10 bedroom
home approving a front street setback variance of 32' or 32% for
Sam McCYoud for the proterty located at 4280 Bayside Road, based
on the findings set forth by att licant's architect noted above,
subject to the following conditions:
1. Applicant to provide detailed grading/drainage plans
with detail c;n retaining wall jE on application for a
building permit.
2. Applicant/owner is placed on notice that additional
improvements to this structure involving increase in water
usage may be p rohihi ted based on 1 imitat is ns of available
dry lands at less than 68 slope.
Pending final determinatic;n f.ur need for separate conditional use
Eermit review, app licant may be al lowed to proceed with setback
variance application and file a separate conditional use permit
for August meeting if grading is found to exc•ed the allowed
amount associated with a building permit; car
Table subject tc, ap p l i cant filing a conditional use l ermit
attlicatiun.
Zoning File #1569
August 7, 1990
Page 5
Additional. Cons ents and Planning Co ission Recoss endation -
Additional Exhibits -
Exhibit J - Webber Letter dtd 7/27/90
Exhibit K - Planning Commission Action Notice
Exhibit I. - Elevations
The Planning Commission granted unanimous approval of the
front street setback variance, approving a 68' setback instead of
the required 100' for the principal structure. In addition, the
Planning Commission found the extent of the proposed grading and
installation of retaining walls did not require separate
conditional use permit review, noting the c;iading and drainage
review can be done under the authority of a building permit
review. The severe sloping topography %vi'_ 1 require major cuts
into the bank. The proposed retaining walls will provide
stability to the foundation and allow the preservation of
adjacent mature trees. Such alterations are customary wren
dealing cinstructior, at such several slopes.
The Planning Commission accepted the applicant's findings of
hardship listed on Page 3 of the staff memo. They conditioned
approval on applicant's submitting additional septic testing
prior to the Council meeting to assure that there is adequate
area to support a 10 bedroom home. Applicant's original
submittals provided septic testing that would satisfy the needs
of an 8 bedroom residence.
Staff is in receipt of a letter (Exhibit J) from applicant's
architect, Mr. Webber, stating that the building plans have been
revised reducing the number of bedrooms to B. Please review
Exhibits H and I, the original septic test information submitted
for the Planning Commission review will satisfy the septic needs
for the proposed house.
The enclosed approving resolution is presented for Council's
review and action.
RUN DATE 06/20/90
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
REPORT NO. P1435401
•
OWNERS PROPERTY OERS LIST
PAGE 18
•
BATCH 007
38 06-117-23 11 0005
38 Oa-117-23 11 9004
38 06-117-23 11 0006
•
PROP ADDR
04746 BAYSIDE RD
04050 BAYSIDE RD
C4O:J BAYSIDE RD
•
OWNER NAME
VC: CAPITAL INC
G A M MRIFLL
CURTIS A ELIZABETH LEVANG
TAXPAYER
VZI CAPITAL INC
GARY U LONIJELL
CURTIS A ELIZABETH LEVANG
NAME/ADDR
PO BOX 375
401,0 BAYSIDE RD
4010 BAYSIDE RD
•
LOW LAKE MN 557,56
MAPLE PLAIN rN 55359
MAPLE PLAIN MN 55359
•
•
38 06-117-23 12 ODDS
38 31-118-23 41 0002
38 31-118-23 41 0003
•
PROP ADDR
0435S BAYSIDE RD
04025 NATERTOWN RD
04045 I.ATERTOWN RD
OWNER NAME
VCI CAPITAL IN(.
J S A P 0 RICE
EARL N DORN ETAL
TAXPAYER
VCI CAPITAL !NC
JERO'tE STANLEv RICE
EARL N DORN
•
NAME/ADDR
PO BOX 375
4025 `IATERTON RD
4045 WATERTOWN RD
LONG LAKE MN SS3S6
MAPLE PLAIN MI 55359
MAPLE PLAIN MN 55359
•
5b 31-118-23 41 0004
PROP ALDR
04105 NATERTONN RD
OWNER NAME
D GIGUERE A A GIGUERE
•
TA'f--YER
JOE A PAM SAHCHU(
(SAME/ADDR
4105 WATERTONN RD
MAPLE PLAIN MN 55S59
•
38 31-118-23 43 0008
" TOP ADD'
04300 BAYSTOE RD
•
MIER NAME
SCHUTZ-014111 CORPORATION
TAXPAYER
SCHUTZ-O'NEItL CORPORATION
NAME/ADDR
101S TONKANA RD
LONG :AKE MN 553S,,
•
38 31-IIS-ZI 44 0005
•
PROP ADDR
OW: ADDRESS UNAS:IGRNED
06R4fR NAME
J 'S RICE A P DRAKE RICE
TAXPAYER
JEROttE S RICE
NAME/ADDR
4025 WATERTOWN RD
•
MAPLE PLAIN WN S5359
•
•
•
0
3E 31-1)8-23 4. 0011
0411S HATFRTCFN RD
MICHAEL R A MARY E PLANK
MICHAEL R A MARY E PtAtK
4145 HATERTOIN kO
MAPLE PLAIT MN 55359
38 31-118-23 44 0003
00038 ADDRESS UNASSIGNED
STA'I t1N DEPT
STATE •tlD DEPT
FUR SALt O ADJACENT
PROPSRT JWNEr ONLY
38 31-118-''3 43 0003
00038 Afhr:iSS UNASSIGNED
DANIEL C PARTEN
DANIEL C PARTEN
1015 TONKAWA RD
LONG LAKE MN 55356
38 31-118-23 44 0004
000" ADDRESS LNASSIGNEO
THOMAS E REIERSGORD ETAL
THOMAS E RFIERSGORD
4500 H 44TH ST
MPLS MN 55424
TOTAL BATCH 00/ 00013
ft —.
(3
RUN DATE 04/20/90
• BATCH 007
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY ONNERS LIST
REPORT NO. PI43S401
PAGE 19
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
RFPRESENTAIION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT Of PROPERTY TAXATION, TO THE BEST
Of MY KNONLEOGE AND BELIEF.
DATE � �- 1c, BY
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145' 1 ()l I" \ \ \ \\ I %1 f
July 27, 1990
Jeanne Mabusth
City of Orono
Crystal Bay, MN 55323
W E B E R A R C H I T E C T S
I vtI f APOI I', %IINN ISO TA • 55426
(6121 926-1156
( ^wm
RE: Sam McCloud Residence - Set Back Variance
Dear Jeanne:
Enclosed you will find revised floor plans which show a reduction of the
number of bedrooms from 10 to 8. This revision does not effect the set
back variance since there was no problem with the set back at the bedrooms
previously and therefore there is no problem now.
We now have 8 bedrooms which means that th,: septic system information
previously submitted should be adequate for the 1200 gallon system required.
If you see any problem at all regarding the septic system, please let me
know and we will get you additional information.
Thank you.
Sincerely,
SCIIW R7./Wl•:Fl1-:R ARCHITECTS, INC.
r-- &- at—�
Neil Weber, A.I.A.
N W/sk
Enclosure
CITY
OF ORONO
ZONING FILE #1569
P. O.
Box 66
Crystal Bay, MN
55323
NOTICE OF PLANNING COMMISSION ACTION
473-7357
Date of Notice: 07/24/90
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TO:
Sam McCloud
COPIES TO: Neil Webber
5101 Highway
55, Suite 1000
Schwarz/Weber Architects, Inc.
Minneapolis,
MN 55422
3952 Louisiana Ave. South
Minneapolis, MN 55426
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TYPE
OF APPLICATION:
Variance
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DATE
OF MPpTING:
July 16, 1990
VOTE: 6 For 0 Against
Planning-c...sission recos ends the following:
Approval subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
The Planning Commission recommended approval of the front/street
setback variance as proposed. Approval was subject to the following
conditions:
1. Prior to scheduling the variance application before the Council
for final action, staff must be in receipt of additional septic
testing confirming that there is additional area on the site to
satisfy a 10 bedroom home. Septic testing must be received by August
2, 1990 if the application is to be scheduled for Council action at
the August 13, 1990 meeting. The deadline for the August 27, 1990
meeting of the Council would be August 16, 1990.
The Planning Commission also found that the proposed grading and
installation of retaining walls did not require separate conditional use
permit review and noted that the grading and drainage review can be done
under the authority of the building permit review.
The Planning Commission adopted the staff's approval recommendation as
set forth in the staff memo dated July 13, 1990 sent to you prior to the
Planning Commission meeting.
Please contact Jeanne Mabusth (47'-7357) if you have any questions
concerning the directives noted above.
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1 ORONO, MINNESOTA
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SITE AREA ABOVE WETLAND
(935) ELEVATION 6.5 ACRE
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CONTRACT KM DBBO
dated Vey to , loll
by and bo-iwon
TNONAS S. MIBRSM sad CAMILLA MICASOOSD, Vendors
sad
iAwSJUK= B. SOSCON Dad SNSWI ►. Soscos, Vendome
Vendors hereby reserve as sesement foS soadway purposes and utility
Purpose* In and over the following drleoKbod pretaloos located in
Nannopin County, to wwoots, to-vlt'
The South 00 foot of the Southeast quarter of the South-
west quarter of the Southeast qus:tdc of Section 310
Township Ill. Range 23, and
The Southeasterly 0o foot of a 2.39 acro parcel measurod
along and parallel with the Southeast boundarY thereof
of the following described tract, That pert of the North-
wost 1/4 of the Northeast 1/4 of Sectlos 6. Township 117,
North Sanga 27, heat of the Sth Principal Meridian, deocrlbod
as follower M1�lnniag train the North- me corner of the
Northeast 1/4 of Mctloe S, in-- -hip 117, Range 23, therco
Bast along the Northerly it" of said Section S14 toot to
actual polar of beginning, thence deflecting right 117
degrees A minutes a distance of So$ toot to the conterlin•
of County NOW No. Sdr thenco deflect left along sale. cantor -
line 160 toot; theoco deflect loft II degrees 19 minutes
662.11 foot to a point as the North line of *aid section Gr
located 216.SS toot Scat of the point of beginning; then
wrest along said North Ilene 216.35 toot to poist of beginning.
The above described oasemant 10 an appurtenant easement for the
bmweflt ems uee of the following described property;
The most 23 acres of that part of the Southeast quarter
of the Southeast guartar of Section 31, Ttwsship III
Sangs 2). lying South of the Blectric Shoreline Ssil,wy
Cop;amy right-of-way, acoording to the United States
Gsrrerwment Survey thereof sad situated in Mennepin Count?7
Maneeeeta, ear the two percels previously deocribed herein
wfttch are subject to the eseemisat.
wnd000 agree to ocostruct a driveway at their eapeoa+ on said
eansMSst to the Seat line of said Southeast quarter of the Southwest
see of "a ft-"thma.t quarter of Mow
Section )1, Tnship lli. "a
�7. 0M
It to agreed that the driveway to be co-%st"ucted on Said easesnt
shall ooagly with the re�tImeante. it any, for Srlveway construction
welch era Laposed by, mend le otfoct on the date of this contract
for do" u the City of Orono, and th&t said driveway shall be of
sufficient width to pernit your -Around ingress and egress by a
normal stem passenger wtamobile, ear shall be gravel surfaced. Io
the ovont that remdoos dMire to have the dcivwft orve more then
erne S4}Lo-femlly Bossing emit as the property, * agree that
they Will 11aJt tho mrwor of horsing units which "y be se.
a "wit property ee that Is amy ovaat the driv~y will be
pomitted, by govermtr•tal ordiawn.L..s and regulations In effect
on the date c • LAI* somtreot tar do". to *or" at least one f l l
aingle-family bousinr wait as the boM fitod 23 sore parcel described
Berets.
ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990
ZONING FILE #1568-PIERPONT CONTINUED
Mrs. hierl,ont stated that Mr. Tim Adams is the fee owner of
the property. She said, "Mr. Adams has been very supportive of
this project and wants to see it proceed."
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to adopt Resolution #2854, granting a conditional use
permit and separation setback, side yard setback, and street
setback variances, subject to a satisfactory resolve of the lot
combination issue between all parties involved. If the parties
are unable to reach a mutual agreement, the application must come
back to the August 27th Council Meeting. "otion, Ayes-4, Nays-0.
Motior passed. Councilmember-omtten ?d that staff inform
Council of any decision that is made.
#1565 SAM MCCLOUD
4280 BAYSIDE ROAD
VARIANCE
RESOLUTION #2855
Mr. McCloud was not present.
undorstanding that Neal Weber,
intended to be present, but had not
Mabusth stated that it was her
the applicant's Architect.
yet arrived.
Pernhardson summarized the information contained in Jeanne
Mabusth's memo dated July 13, 1990. He noted that the
applicant's have revised their plan from a ten bedroom house to
an eight jedroom house in order to address the septic concerns.
He said, "An eight bedroom structure will only require one
principal and one alternate septic mite."
,aliahan asked how access to this property is achieved.
Mabusth replied, "There is a 60' easement for access to this
parcel from the adjacent parcel."
It was moved by Councilmember Goetten, seconded by Mayor
Grabek, to -idopt Resolution N2P5:, approving the front street
setback variance to construct a residence at 4280 Bayside Road.
Motion, Ayes-4, Nays-0. Motion passed.
PUBLIC FACILITIES - DIRECTIONS FOR ZONING
Bernhardson said. "This i3 a follow up to our earlier
discussions regarding public facilities and the zoning of such
facilities. My memo outlines various issues that may stem from
locating other governmental units within the community. I have
tentatively scheduled a meeting for August 22, 1990 at 4:00 p.m.
Once I have confirmed that date and time with the City of
Wayzata, I will provide written notice to you."
Councilmember Callahan suggested tabling this matter.
It was moved by Ma --,or Grabek, seconded by Councilmember
- 14 -
APPLICATION NO. 1569
C [ F ORONO
1' )x 66 NOTICE OF COUNCIL ACTION
1 Bay, MN 55323
57 Date of Notice: 8/23/90
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9'�� am McCloud COPIES: Neil Weber
101 Highway 55, Suite 1000 Schwarz/Weber Architects
inneapolis, MN 55422 3952 Louisiana Ave. S.
Minneapolis, MN 55426
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IF APPLICATION: Variance
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t F MEETING: August 13, 1990 VOTE: 4 For 0 Against
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(L ACTION - NOTION:
i adopt the approval resolution based on the findings and conditions
resolution previously mailed to you. Approval of your proposed
ace has been based on an 8 bedroom residence. Septic testing
:ted with application satisfies the proposed level of use. Please
a septic design must be submitted with the building permit
•ation.
'lease arrange to sign the 3 original resolution copies at the City
es (Monday through Friday, 8:00 to 4:30). All persons with an
!st in the property must sign the resolutions.
ariance approval is limited to the extent shown on approve' elan and
ted in the approval resolution. Changes in approved plans are subject
rther review by the City. Variance approval expires one year after
:)f approval. A Building Permit application must be submitted no later
August 13, 199).
S C H W A
1 0( 11%l V`.
June 22, 1990
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• 55426
,6121
926-1156
Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Dear Ms. Mabusth:
i4to (0�p-b
tw.�' 0 t9
Enclosed you will find an application for a front yard set back variance from
100' to 63'. We have worked very hard to complete a design that would
reduce the amount of variance requested.
At this time we are submitting:
1. A competed application form with check for fee
2. Certified property owners list within 150'
3. flat map
4. Topographic survey
Due to the death of my father-in-law 1 will submit site plans, grading plans
and other site data the first part of next week.
We are requesting that the front yard set back which you indicated is 100'
be reduced to 68. Most of the home would be set back at a distance
greater than the 68' point. We have worked hard on the design of the home
to hold it as far from the property line as possible.
As you can seep from the topography, the site falls off quickly to the east
and north. The slopes required that the home be placed at the top of the
ridge. This means, in turn, that the home impose on the 100' set back line.
We require no other variances on the sits.
The site topography and extremely dense vegetation cause Mr. McCloud
hardship in siting his. home. The home is large (approximately 11,000 S.F.)
and has been designed to take advantage of the site conditions and
vegetation. It is important to us to maintain as much of the vegetation as
possible.
6-21-
Jeanne Mabusth# 69
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Page 2 �++�►
June 22, 1990
It should be noted that although the westerly edge of the property is
designated as the front yard, it really does not function as a front yard.
Since there is no public right of way. In reality, the site has two side
yards. The site is unique in that way.
Please feel free to contact me if you have any questions.
Sincerely,
SCHWAR?/WEE3ER ARCHITECTS, INC.
J �
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Neil Weber, A.I.A.
NW/sk
Enclosure