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HomeMy WebLinkAboutProject PacketMemo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning File Date: 7/31/2012 GIL: 101-22205 Re: Application Fee Refund Planning & Zoning Department Zoning Application #12-3567 is being voided. It was thought the property required a variance to tear down and rebuild, but according to §462.357 subd(1 )(3), the property can be rebuilt without a variance since it meets the criteria. Please refund the $700 variance application fee to: Timothy J. Dunn 3010 Brooks Lane Wayzata, MN 5 5391 z:\zoning applications\2012 zoning applications -#3537 thru\12-3567 (2215 bayview place) var -voided\application fee refund memo.doc Christine Mattson From: Sent: To: Cc: Subject: Pete, Christine Mattson Monday, July 30, 2012 4:43 PM Peter Zimmerman Melanie Curtis 2215 Bayview Place/ 12 -3567 Variance application 12-3567 is being voided. It was thought the property required a variance to tear down and rebuild , but according to MN §462.357 subd (1 )(3), the property can be rebuilt without variance since it meets the criteria. Please refund the $700 variance application fee to: Timothy J. Dunn 3010 Brooks Lane Wayzata, MN 55391 Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway I Orono I MN I 55356 (physical address) PO Box 66 I Crystal Bay I MN I 55323-0066 (mailing address) if 952.249.4620 I @ 952.249.4616 l2l cmattson@ci.orono.mn.us I ~ www.ci.orono.mn.us Summer Office Hours: (Monday, May 21 through Friday, August 31, 2012) Monday -Thursday: 7:30 am to 5 pm Friday : 7:30 am to 11:30 am OUR OFFICE WILL BE CLOSED: Monday, September 3, 2012 1 ) City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.Q .8m<.66 Crystal Bay, MN 55323-0066 Application # I 1--3507 Date Received : 7 -11 -11- Staff: CW\=·~------ Fee: _$,_7_00 ______ _ Renewal: $350 ~--c------- After-the-fact: $1,400 Double Fee Escrow Fee-: $700/ $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: f.:) ~~~p~~'~':~tificalion Number (P M IS ~ A-1'\J &..~ ~ ~wo ~" Date Property Acquired (month/year): H&'1 Jo~ □ Yes, I own the adjacent parcels. Zoning District: OWNER IN.£QRMATION: (Complete legal names and marital status required for each interested party) Name: /\ j:"Mo1".tf'1' J'.. ~ V t,J..,; Phone (home): l, I 2 q i 1 .. ft , C, 't Phone (work): ___.SE....L.A/l:_1':-1_......,E ______ _ Complete Address: 3010 6 a.oo~ L.A:NCl C ity, State & ZIP W @1\-TA I M ,-.:>. :>S:3~ I Email: ,,.,-.C'l1c ll:5 CD C,1'11\-CL., C.oM Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): 1-\: A:~j\ c.o \) (;, Q:. Variance Application Updated : January 31, 2012 - 1 , 3 56 7 RECE IVED JUL 1 7 2012 CITY OF ORO NO t.J..O.i ~~L l'.JltiidaJ -Sent Jkf y 2J( ~h()V\ J3nan -to T,Wl (J(\''/· W ,\1 COYH,tcf-Vl.4-f--w«f-. W/ rtMWJ1, , ~ l/ltlfktJ-RY " , I " , ; • • j •••• ' • , J 4 ,· ·' , . . . ~~-:;;,__--MLt. . . ' . .··~, .. ·, ~ ' ,., l . : :, :·· ... ,. • • ., .. ,·. •, . . . REQUIRED SUBMITTALS: All of the following information must be submitted by the application ·deadline date in order for your application to be processed. Not Enclosed Applicable D D Escrow Aqreement siqned D D Escrow received D D Pre-Application Form D D Aoolication Form D D Practical Difficulties Documentation D D Certlfi.ed. ProRertv Owners List . D D Survev (meetina ALL reauirements) D D Proposed Plans D □. Hardcover Calculation(s) D A -Septic System Site Evaluation Reoort D ~ Wetland Delineation D !J"'..., Wetland Buffer Evaluation D ~ Buffer Improvement Plan D D APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of inve$tigc;1tion c;1nd verificc;1tion of thi$ reque$t. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized represenJative attend in place of the applicant/owner and advise the City Planner assigned t p ject. Applicant's Signature: Date: \1 :f1.2L.-t Applicant's Signature: Date : Owner's Signature : 4-Q.L Date: lJ-((ut--i Owner's Signature: Date: Variance Application Updated : January 31, 2012 -14 - #3567 JOI~ c)Ol,;) RECEIVED JUL 1 7 2012 CITY OF ORO NO DAT A PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 you r qualification for the pe rmit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve , some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ~o rtrl :f /\:t--o~b D v UL} ---- First Middle Last ~D /D -- Address 5539( Zip Variance Application Updated : January 31, 2012 -15 - #3567 Phone RECEIVED JUL 1 7 2012 CITY OF ORONO City of Orono Pre-Application Meeting Form (This form is to be completed · by a City Planner during your pre-application meeting .) Meeting Date/Time: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal , inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address : aa \S: Bl\-'1'\lt'PA.2 ~L/\C ~ Property Identification Number (PIN): Zoning District: ______ Size of Property: JoO >' I SC DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' □ Hardcover 75'-250' □ Hardcover 250'-500' □ Hardcover 500'-1000' □ Lot Coverage ~ot Area □ Other: □ Lot Width Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials : Difficulties Documentation Form, understands it as it has been explained to them , Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials : incurred in review of this application and/or additional staff time not covered in Owner's initial _application fee , as well as provide an escrow in the amount of Initials : $ 7.f;;:!'J;J to guarantee payment of the above. OTHER INFORMATION: *Please note: Your variance a which this form will be com ed T be accepted without a pre-application meeting during Date: l l :J'l)L1 Jo IJ Date: \ i= .:l"v&..7 JOl;} RECE IVED 10 -#356 7 JUL 1 7 201 2 CITY OF ORO NO I l r E-XHIB~T "A" LEGAL DESCRIPTION I.{) /.\{. l J\-C. I;. S A bl> r. I Cf)).) -f"'o \J 1: L O f ~ !'. P r1 f. TO 1U i( A t~ACtt L-OT~ d~ ,¾>\) ~~ Variance Application Updated : January 31 , 2012 -12 - #3567 RECE IVE JUL 1 7 2012 C\TV OF ORONO j PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462 .357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. · Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter."~ -~Qc ~.,. -Cl L .S'tv --~ pej,r ru A a-trvf~~:i,,...o/,.;e1t Jh~ ~11AA~,~~rc~~ 3. "The variance, if granted, will not alter the essential character of the locality." f}ie. VQQ-~(.E IJJ;LL Wn:@Gf :tHe '-rt,",A?Te@. DF:t}i<. 1..0(:4.L rr,' 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered constructi n as defined in Minnesota Statutes, Section 116J.06, Subd . 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." , rn:i:~ J;~ U:; "J-0 tru TJ;A C l:t> j) ,t:C>(p fu'<.. A i4s cO wc.e Variance Application Updated : Janu ary 31 , 2012 RECEIVED JUL 1 7 2012 CITY OF ORO NO I I l r 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." lj I (\_ P. JT cr r:> A-012, EA-Mu.:t Oiv&c.TJO<c:a 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." '-( E;.5 9. "The conditions do not apply generally to other land or structures in the district in which said land is located ." f(Z.Qe. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11 . "The granting of the proposed variance will not in any way impair health , safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." 12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to all ~ demonstrable difficulty." ·:r<We. :t>v o(Z.()e4?-re ev tfJJ10Cf ,r,+e LJ~fflH)e.,~ Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zo ·ng Ordinance requirements in the following lines (attach additional sheets if necessary): · · "-.) · Variance Application Updated: January 31, 2012 -19- #3567 RECEIVED JUL 1 7 2012 CITY OF ORO NO I I I r Christine Mattson From: Sent: To: Subject: Hi Chris, Tim Dunn [timd179@gmail.com] Monday, July 16, 2012 10:47 PM Christine Mattson Re: 2215 Bayview Place This process is new to me so I apologize in advance for asking questions that are obvious from your point of view. For: 2215 Bayview Place From the documents that you sent to me, while allowing for the work and documents already submitted by my builder, Brian Harju of Autumn Ridge Builders; 1) Do I need to submit the Pre-Application form and if so can we meet at your convenience tomorrow afternoon? 2) I already have funds in escrow with the city, do I have to complete another "APPLICATION ESCROW AGREEMENT"? 3) Can I assume you have EXHIBIT "A", LEGAL DESCRIPTION 4) The description ofrequest is simply a variance from 25% hardcover to 30% hardcover on page 13 . 5) Which of any of the REQUIRED SUBMITTALS are lacking from all of the previous documents submitted as per page 14 6) Shall I assume the document on page 17 is for just the property owners that adjoin the property? What are the alternatives if they are not available? 7) Can I assume we can use the already discussed Hardcover calculations as satisfaction of Page 24? 8) I assume the "Request for Wetland Buffer Evaluation" is not applicable for this property. Thanx in advance for your patience. Look to see you tomorrow afternoon to submit the variance application Regards, Tim Dunn 612 986-6999 On Thu, Jul 5, 2012 at 2 :34 PM, Christine Mattson <CMattson@ ci.orono.mn.us> wrote: Hi Tim, 1 #356 7 RECE IVED JUL 1 7 2012 CITY OF ORO NO J J According the letter sent, dated July 2, 2012 and our conversation today, there are two options for the property addressed 2215 Bayview Place. (1) Apply for a lot area variance or (2) choose to invoke the state statute and build without a lot area variance, but be limited to 25% hardcover of the entire lot. If you decide to pursue the lot area variance, I have attached our variance application. If you have any additional questions, please don't hesitate to contact me. Christine Mattson Planning Assistant City of Orono 2750 Kelly Parkway I Orono I MN I 55356 (physical address) PO Box 66 I Crystal Bay I MN I 55323-0066 (mailing address) it 952 .249.4620 I ~ 952.249.4616 l2l cmattson@ci .orono.rnn.us I "a www.ci.orono .mn.us Summer Office Hours: (Monday, May 21 through Friday, August 31, 2012) Monday -Thursday: 7:30 am to 5 pm Friday: 7:30 am to 11 :30 am OUR OFFICE WILL BE CLOSED : Monday, September 3, 2012 2 #3567 RECE IVED JUL 1 7 2012 CITY OF ORO NO RUN DATE: 7/19/2012 38 17-11 7-23 34 0052 HENNEPIN CO REGIONAL RRAUTH 38 ADDRESS UNASSIGNED HENNEPIN COUNTY REGIQNAL RAILROAD AUTHORITY 701 4TH AVES SUITE 400 MINNEAPOLIS MN 554 15 38 17-11 7-23 44 0027 TERESA ANNE KOCH 2225 BAYVIEW PL TERESA KOCH 2225 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0030 SREYMTAN 2265 BAYVJEW PL SREYMTAN 4447 ELLERDALE RD MINNETONKA MN 55345 38 17-117-23 44 0063 VALERIE T COYKENDALL 2344 OLIVE AVE VALERIE T COYKENDALL 2344 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0066 PATRICK W SULLIVAN 23 l 8OLIVEAVE PATRICK W SULLIVAN 23 l 8OLIVEAVE WAYZATAMN 5539 1 38 17-11 7-23 44 0069 MARGARET A WOOD 2300OLIVEAVE MARGARET A WOOD 2300 OLIVE AVE WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENT 0 ' HENNEPIN CvuNTY PROPERTY INFORMATION SYSTEM (PROPERTY OW1,c.RS LIST) 38 17-117-23 44 0025 CLEMENT F BIRCH JR ET AL 2205 BAYVIEW PL C BIRCH JR/ B SIPPRELL-BIRCH 2205 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0028 GINA I SUMMERS 2245 BAYVIEW PL GINA I SUMMERS 2245 BAYVIEW PL WAYZATA MN 5539 1 38 17-117-23 44 0041 KRIS A & BRETT FERRELL 2250 BAYVIEW PL KRIS ANN FERRELL 2250 BAYVIEW PL WAYZATAMN 55391 38 17-117-23 44 0064 TIMOTHY C LIVINGSTON 2338 OLIVE AVE TIMOTHY C LIVINGSTON 2338 OLIVE AVE WAYZATAMN 55391 38 17-117-23 44 0067 B C HILLSTROM & J DULLINGER 23 14 OLIVE AVE BENJAMIN C HlLLSTROM 2314 OLIVE AVE WAYZATAMN 55391 38 17-117-23 44 0082 DALE MATSON ETAL 2200 BAYVIEW PL DALE MATSON ETAL 2200 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0026 TIMOTHY J DUNN 2215 BAYVIEW PL TIMOTHY J DUNN 30 10 BROOKS LANE WAYZATA MN 55391 38 17-11 7-23 44 0029 KA ANDERSON & J R ANDERSON 2253 BAYVJEW PL KELLY ANDERSON 2253 BAYVIEW PL WAYZATA MN 55391 38 17-11 7-23440042 MICHELLE M ROBERTS 2240 BAYVIEW PL MlCHELLE M ROBERTS 2240 BAYVIEW PL WAYZATAMN 5539 1 38 17-117-2 3 44 0065 J T JACOBSON & L D JACOBSON 2328 OLIVE AVE J T JACOBSON & L D JACOBSON 2328 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0068 ROBERT J ASP/TRISH H DELUDE 2306 OLIVE AVE ROBERT JASP 23 06 OLIVE AVE WAYZATA MN 5539 1 38 17-1 17-23440083 J L SCHNECK & P M SCHNECK 2230 BAYVIEW PL J L& PM SCHNECK 2230 BAYVIEW PL S WAYZATA MN 55391 PAGE: AS IT APPEAjo e 11,T,~f2 THE DATE : ________ BY. -+--llJ----"---4,£-_,._,__...,,=---.:...._.e.._+--..P----'"'---- JLJL 1 9 2012 #3567 RECEIVED JUL 2 0 20 '12 CITY OF ORONO HENNEPIN COUNTY MAIL LABEi GENERA TOR H Hennepin County Mailing Label Receipt _ Provided By: Taxpayer Services Department ------- Company or Homeowner Name: Timothy J. Dunn Contact Person: • Contact Address: 2215 BAYVIEW PL Orono, MN Contact Phone: PAID JUL 2 o 201 2 comments: TAX PAYER SER VI CES HEN NEPIN COUNTY~ MN · Buffer Distance: 150ft Mail Label Count: 18 PIO LIST: Page 1 of 1 Pdnt Date: 7/19/2012 9:1:l TOTAL COST: $25.00 3817-117-23 34 0052 , 3817-117-23 44 0025 , 3817-117-23 44 0026 , 3817-117-23 44 0027 , 3817-117 -23 44 0028, 3817-117-23 44 0029 , 3817-117 -23 44 0030, 3817-117-23 44 0041 , 3817-117-23 44 0042 , 3817-117-23 44 0063 , 3817-117-23 44 0064 , 3817-117-23 44 0065, 3817-117-23 44 0066 , 3817-117 -23 44 0067, 3817-117 -23 44 0068, 3817-117-23 44 0069 , 3817-117-23 44 0082, 3817-117-23 44 0083 , #3567 http ://hcgis/ agsmailinglabels/F ormReceipt. aspx RECEIVED JUL 2 0 2012 CITY OF ORO NO 7/19/2012 HENNEPIN COUNTY MAIL LABEJ '1ENERATOR H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department For more information contact: Hennepin County G IS Division 300 South 6th Street Minneapolis, MN 55487 gis .info@co.hennepin.mn.us Map Comments: 2215 BAYVIEW PL ORONO,MN o/17-117-23-44 / ( \ \ Print Date: 7/19/2012 Map Scale: 1" = 117' Buffer Size: 150 feet RECE IV ED JUI _ 2 0 2012 C ITY OF ORON O Map Legend : Water Parll Parcel D Buffer Region Selected Parcels Page 1 of 1 11 Major Roads Minor Roads ,. http://hcgis/agsmailinglabels/Printing.aspx?URL=dec7f6ab-3f66-48c3-8e60-3 6d052ec78dl. png&BufferS... 7/19/2012