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Home My WebLink AboutProject Packets O y, C' . 0a riu,►� e-t ReC�ip�- m0 y CITY OF ORONO - VARIANCE APPLICATION �R,..0S Initial Application Fee $150.00 ($50.00 per ea ddA4� ,After -the -Fact Fees (Additional $50.00 payment per each p --------------------------------------------------------- PROPERTY LOCATION Site Address LoT 2s#24cp w urlse I-sGAK.0 PA-ws , (&h Property Identification Number (P.I.D.) Z 3 -11-1-Z Please check one -- Is the property abstract or F82b0ri torrens? Please attach legal description to application if not included on required survey. (:rA)0Wc ed -------------------------------------------------------------------------- APPLICANT Name `)4vv%.eS C61t4AJ0D Phone Qi�J'y$7�i Mailing Address] �K�PLSlo�1 SY �fXGy n'✓1l%. SS'i��i OWNER Name �JIQyVt11 %y, CEO L Prryr-� Phone �l�J -7�7(0 Mai ling Address S(CCO LoxettC,�r�2. ✓%) .S� � � �i0fl�YrnN s-t`�/� Date Property Acquired 2� Z (month/year) I (do) do no) also own the adjacent parcels of land. ---------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District _ -- Present Use of Property lZeCpe,+1loAvACr Residential Other (specify) ----------------------------------------- ----- DESCRIPTION OF REQUEST Estimated Construction (':)st $ 1SVI-0.4L Describe request in detail: .`_�`tL d¢�� .SfAro fA • t��pCt _ bock- & 2RA VARIANCES REQUIRED Lot Area Lot Width V Hardcover Setback Variances ( Front Side Rear) Other (OVER) HARDSHIP T1i]X,)Phsteibe undue hardship or practical difficulty resulting from stric!- enforCement of zoning regulations: [)tL** -kp STEEP E,Aj134VkM¢,,,,T Liy e— 66uQt?10a_5. bCe_k#ML% SEIt_n ------�r�..r-------- ----------------------- DESCRIPT, .OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Reauirements: iv-PoD V_u/Ae•uCrupnt -17, i,&P. r"v"nr_ AAr.nc_ 'ACCeSS 1.447E-A -------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certifi^d Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( #10 ) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance appli�•ition 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 allfees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature _ J�f'1'tt", %(% �Ct..e� Date 2 -2�/- �$ OWNERS 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. owner's signature-1Qdddde+ �,(%1�.L��-v Date 2 - 2 ,14*s --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meptingsare held on the third Monday of each mont.h. RUN DATE 02/22/85 BATCH 005 38 23-117-23 23 0015 PROP ADDR Oh":ER NAME J A N AKEPBEPG TAXPAYER JAN AKEPBEPG NAME/ADDP 4075 HIGHWOOD RD MOUND MN 55364 31S23• 117-23 23 00 k PROP ADDR - O1T:ER NAME JOSEFW M L MARjt-,�J BACKES TAXPAYER .IOSEPH ►fi 3A S ET AL NAME/tDOR 34I6 JIDoft LA MIITIE70MA r41 55343 38 23-117-23 23 0035 PPOP 4001) 0:41tER i!Af,� FRED E GILVESON TAXPAYER STEPHEN O'GAPA NAME/ADDR 116 N LINDEN ST NDRTHFIELD MI 55057 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 23 001b J t N AKEPBEPG JA11 AKEFBEPG 4075 HIGHWOOD RD ;10Ut:0 r91 55364 38 23-117-23 23 0032 LOIS I BENTON JAMES W OGL0M 5600 EXCELSIOR BLVD ST LOUIS PARE; MN 5541G TOTAL BATCH 035 C0007 REPORT NO. PI435401 PAGE 10 38 23-117-23 23 0028 GEORGIA PUUD ET AL GEOPCIA P!'UD 13611 VALLEY VIEW RD EDEN PPAIPIE r1r: 55344 r 38 23-117-23 23 00 J A i I ISAAMAN JACK A IN }�{ 5308 W HIGHWOOD DR MCI EDINA MN 55436 CITY #(--lloo I CERTIFY THAT THE FACTS PEFRESErJTED AREAN ACCURATE AND TRUE REPRESENTATION OF INFC711ATICN AS IT APPEAFS THIS DATE ON THE RECORDS OF THE HENNEEPIN COUNTY DEPARTMENT F'OROPERTY TAXATION. TO THE BES' OF MY YNOALEOGE AllD BELIEF. DATE BY i Lot *!3132 slso N N .1 Ab co i r�o h .. w •. low CA c,.► go >> .s R 4t\ 4 40 lJ / i STRwTc r f i ' 3V 57 t) t 36' f 1 3, T i ' 33 _ols Iv r C� A32 . � e 36 • 30 Z! 1 T7 27: N '", 6+ .01 L 1 1M1� is "T 4 IGAl 1 f I 'm At, ..t •.,�.r(w1'%2 tr/ Tw owvr r �m VMS STArt - -I1 r-4:5 (ZD3 ORONO "ARDCOVEk CALCULATION WORKSHEET #900 Proposed Existing LAKESHORE A. Existing B. Existing C. D. Proposed E. F. Allowed SETBACK lot area hardcover hardcover hardcover hardcover. hardcover percentage percentage ZONE in zone in zone [(g.A) x 1001 in zone )(D?A) x 1001 Percentage 0-75' �% 3 ZAP sf - O - sf - b - % y�0 s f L . S %C� 0 /� 75-250' �4� sf - i� - sf - CJ - �., �! sf G'S %a 25 /.. 2 50-500sf sf sf Yc. 30 500-1000' sf sf `�� sf �Yo 35 Directions: A. Existing Lot Area in Zone - includes the total square footage of dry buildable lard within the specified zone. B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks, driveways (gravel or paved) and other -ain-impervious surfaces within the specified zone. C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional hardcover. E. Proposed Hardcover Percentages - divide the number in D by the number in A and multiply by 100. F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact the Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resulting in no net increase of hardcover in a specified zone, a variance may not be ,necessary. S-tvPooge Sigf o S(v -54 ; r e"woc'e 0--C14L'� - "'lI 5(J�CwS -Mm- OWDSri gkol reoPosC-"�> &-Veto - Q7C r f, - �.rrr.■r■rr� LAKESHORE REGULATICN'Z AND HARDCOVER SEC. 10.22. REGULAT ")NS FOR "LR-lA", "LR-IA-1", "LR-lI3", "LR-lC" AND "LR-IC-1" ONE TAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1", "LR-lb", "LR-lC", or "LR-I.C-1" One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the s�:,reline there shall be no greater than 35% hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. HARDCOVER LIMITATIONS t 2'Q ALLr. _4.. . _ iP 0-75' Zone - 0% Hardcover allowed 75-250' Zone - 25% Hardcover allowed 250-500' Zone - 30% Hardcover allowed 500-1000' Zone - 35% Hardcover allowed Percentage of hardcover for each zone is calculated as follows: Area of hardcover in zone (so. ft.) percentage of -- X 1C� = Area of lot hardcover in zone in zone (sq. ft.) NOTE: Measure setback distances perpendicular to the shoreline, not along the lot line. Eris/in9 %�S� I I 1 � 1; 1 1� 1 �I #Coo,! I I I t N v� - 99.5123 -A 1 a 0 I I I , z so ,. q I I I t 1 1. I I ( I o Denotes Iron Monument ter' X000.0 Denotes Existing Elevation 1000.01 Denotes Proposed Elevation -d Denotes Direction of SurfaL- Drainage I h!reby certify tl-ct this is a true and correct representation of a survey of the boundaries of: Lots 25 and 26, MORSE ISLAND PARK, Hennepin County, Minnesota And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 9th day of January 19 85 Thomas S. Bergquiat Registered Land Surveyor, Minn. Lic. No. 7725 Efl, CERTIFICATE OF SURVEY 11 11 SATNRE-RERGOUIST, INC.PAGN for .,..,a40"J I1A 0(,LANL) CITY OF 000 BOX 66 cpY�� .. 7 . 38 23-117-23 23 0029 GECFGIA RUUP 13611 VALLEY VIEW RD EVEN PRAIRIF MN 55344 C l[bo CITY OF ORONO NOTICF The Planning Commission will hold a Public Nearing in the Coi nci 1 Chambers at 1.275 South Brown Road on Monday, March 18, 1985on the matter of the following land use applications: 1. # 9 0 0 James W. Ogland, Big Island Lots 25 & 26 Morse Islajid i-ark - After the fact variances to hardcover and lakeshore setbacks regulations for the construction of a storage building. 2. 0901 Karl F. Johnson, 3393 Crystal Bay Road - Variances to hardcover regulations for placement of gravel within 75 feet of the lakeshore and for the storage of a boat that exceeds 20 feet in length in his lakeshore yard. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission ,lean MabtYsth, Building 6 Zoning Administrator To be published the week of March 4, 1981 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Teri Naab, of the City of Orono, Hennepin County, Minnesota, do hereby certifiy that a Notice of Public Hearing concerning Zoning File #900 Karl F. Johnson's application for proposed variances to hardcover regulations for placement of gravel within 75 feet of lakeshore and for the storage of a boat that exceeds 20 feet in length in his lakeshore yard at property located at 3393 Crystal Bay Road, was mailed to the attached list of property of owners on February 27, 1985. In Witness Whereof, I have hereunto set my hand and seal this 27th day of February 1985. Teri L. Naa ecretary Affidavit of Publication State of Minnesota ) )SS. County of Hennepin ) puhh.N, ...wR. u.J .r., .nl rm14— .d Ow rwNnl., .d It. 1r.wn .. IR' Id,, .M An full ►Ilxo,WV .4 IRIw I. whrh ur wmJ Rb. 4, TN- q-r •lyre, 1 U ... 0.4 ..IN ill .A ikr ,rlll.,R,iK M. u.IN aYbn� ipYh(r Nw.I 4 • eR'il law.p.prl, tl pru•,J.J' \11n,.I'+. a. ilwuu. //, .L r7 `_t wh%% u puahrJ r .1 ',.,r,. Ilk a,.lwun. „I ..,J arv.p.prt. aaJ WAS pr,nlcil .nJ puhll.hrJ ue.r tw► W"k. la _�_wr�'Ytr... -:r1. II ra. Li•, (�h6.RJ ,,...�1-frT elf__ J.1 .d (1�/. aw wp tl,/Mdltr read OW p.M..hrJ ..I rlrr) W .IN irwhielliri Ihr 6J d N ►t.rurJ R'I... . ..p. .A Ilk I.wr, aa.r r .Ip1uR1 1"... \ I.. ! A.h .ti lu...I that I. Mr. hY ar4n.Nesr4 r Yrril� Mr Maryad hind d qpr u.rJ ,n tow I•.iI(r.. — .nJ puNll.im . 1 III, m.,.r A Je lthgUn.w�.ywu•. atr w' ..j ?h III Rl..r mr CITY OF ORONO NOTICE The Planning Commission will hold a Public Hearing In the Council Chambers at 1275 Soutr, Brown Hood On matter of the following Marc- 1985 on the g land use applications 1 No W)() James W Og.and. Big Island Lots 25 and era k4orsit Island Park — After the lacf variances to hardcover and Lakeshore setbacks regulations for the construction of a storage budding 2 No 901 Karl F Johnson 3393 Crystal BaY Road—Varlances to hard cover regulations for olacement or gravel wilt- 75 feet of the Lakeshore and for the storage of a boat that e. ceeds 20 feet In length ,n his lakeshore yard All Persons wishing to be heard wld aPPear at Ih,s hfhe Written cOrnnients are sollCded Plans arc avadatde for review in the CItY Offices C.tr of Orono By Planning Commission Jean Mabusth Building A Zoning Administrator IPublished ,n The Laker March 5 19851 0 CITYof ORONQ - foal Office Buz 66•Crystal Bay. Minnesota 55323•1+lunicipul Offices On the North Shore of Lake 1lfinnetonka PLEASF. COMPLETE AND RETURN THIS FORM TO THE CITY OF ORONO in the attached postage -paid envelope. Doing this will iesL,lt in omb4-nin7your senarare tax parcels into one parcel for assessing purposes consistent with th^ cv-rent RS zoning. TO: Vernon T. Hoppe Finance Division Director 603 Administration Tower Govern^ant Center Minnec.polis, Mn. 55487 D .. SIR: 3 - � , 1983 (please date) I HEREBY MAKE A REQUEST FOR A COMBINED ASSESSMENT ON THE FOLLOWING DESCRIBED LAND (all of -a�-^h combined are ids .L '-d as Orono Record Lot No. ,37 ): 0?3 -/i�i of .3 zwl/ CITY N0. 38 FOR 1983 TAX YEAR Signature of Fee Owner Signature of Taxpay (if different) ,4;,00 �k C eG�SCv�2 QC.� Tax,ayer's Mailing Address (OFFICE USE ONLY) COMBINED CURRENT VALUES H OR AGR ,EX!IP'"' •_ r LAND BUILDING MACHINE TOTAL FULL TOTAL N. H AND TRUE ASSESSED MUILDING A ZONING - 471.7357 • ADMINISTRAT10% A FINANCE - 473 733e • PUILIC NURKS - 473.7359 .-1--. TO: JEANNE A. MABUSTH, ZONING ADMINISTRATOR. FROM: ALAN P. OLSON, CITY PLANNER DATE: SEPTEMBER 23, 1983 SUBJECT: ISLAND ORDINANCE, ETC. THINGS TO DO ---------------------------------------•--------------------- 1 . Rr'('07D T,OT # 4 9 , L i l j(_-mi: _ -.. see file Auqust 3, 1y83 inspectit-- photo shows new steps built since fall 1982 inspection on shoreline without permits. SEND LETTER TO REMOVE SAME along with a copy of the automatic variance when approved. Also note this house has had other quite recent addition of rooms and a large deck (within 75' of shore) which were also done without permits, probably within the last 3-4 years. Make sure they know these were violations of ordinances and that any further violations will result in citations. 2. RECORD LOT #38, Ogland: see file for photos 1 �� Has applied for automatic variance but I have not processed it. S":ND A LETTER TO HIM. August 3, 1983 inspection revealed brand-new sauna and deck right on shoreline which was not there at all in 1982. Was built sometime in spring -summer 1983. Violats all zoning and prohibitions. No permits. Tell him auto variance will not be processed and citations will be issued if sauna not removed by ? 3. RECORD LOT #23, Kilbane: see file Auqust 3, 1983 inspection shows new signs and other evidence that Wayzata Yacht Club is still openly using this very substandard property without e City joint se license, without sanitation etc. even after they told City that they had discontinued such use. Also Kilbane has not returned his automatic lot variance form or lot combo form. SEND LETTER TO WAYZATA YACHT CLUB AND TO KILBANE 1) Signage and use of property by Yacht Club violates both R5 zoning ordinance #246 and joint use dock license ordinances 2) Contii,ued use without lot area variance violates Rf zoning and jeopardises rights to add on or maintain existing cabin. 3) Lot area variarcwould be automatically granted if: a) he returns forms b) he combines lots (2nd form) c) he clears up Yacht. Club matter but no action on this if Yacht Club use isn't either discontinued or brought up to code for sanitation, etc (which would be very different) 4) Also for Kilbane, separate matter, he should also return variance form for RL 014 which would be approved if he sends form. To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: March 14, i985 Subject: #900 James W. Ogland - Record I.ot No. 38 - Big Island Variance - After the Fact Zoning District - RS (Big Island) Application - After the fact hardcover and lakeshore setback variances for deck and storage shed in lakeshore yard. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Hardcover Calculations Exhibit E - Survey Exhibit F - Sketch Exhibit G - Photos Exhibit H - Alan P. Olson Memo 9/23/83 The applicant is planning on constructing a seasonal cabin on his Big Island property this summer. In reviewing the file for this property, it came to staff's attention that an illegal deck and small building had been constructed on the lakeshore sometime between Summer 1982 and September 1983. Please read the memo from Alan (Exhibit H). This building, now known to be for storage, was constructed without permits in violation of the zoning ordinances. The applicant signed and returned his automatic variance forms 4n a timely manner in May 1983. Alan held these up after discovering the work in violation. Staff brought applicant in for an after -the -fact variance after discussions regarding the access to the property indicated some form of deck may be necessary to allow safe access to the property. A narrow strip of level shoreline exists next to the lake, then a steep bank of 50-65% slope or steeper rises to a more level plateau and building site above the lake. Applicant has stated that the shoreline is treacherous to walk on and must be traversed in order to reach the south end of the lot, where the lesser slope a 1 lows a pathway to the higher parts of the lot. The existing deck is slatted, and the appli- cant has stated that the shoreline is mainly sand, hence the deck may nearly meet our non -hardcover deck standards. The small storage building is 71x8' and located about 12' from the shoreline according to the survey sketch. Applicant states that it is necessary for practical utilization of the shoreline. 1 Since it is impossible to safely travel to Big Island at this time in order to view the site, you will have to rely on the photos attached; the original color prints will be at the meeting for your review. In order to recommend approval for this variance you will have to find that a hardship exists, that the circumstances are unique, and that the variance is necessary to preserve a substantial property right of the owner, while not creating any health, safety, or welfare problems, and find that the proposal is generally in keeping with the spirit and intent of the zoning code. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 8 #889 EUGENE NELSON Callahan moved, Kelley seconded, to recommend approval of the subdivision for Eugene Nelson for property located on Big Island, Record Lots 16 and 22, as it is requested subject to the following conditions: 1. Parcel B must be combined with Lots 6, 7 and 8. 2. Parcel A must be combined with Lots 9, 10 and 11. Assistant Zoning Administrator Gaffron stated that the reason the parcels must be combined in this manner is that the City will never allow a subdivision to create a new piece of land that is unbuildable where there is adjacent property in com- mon ownership that it is an integral part of. There- fore, a combination would be required. \�. Motion, Ayes (6), Nayes (0). —#",&-JANES W. OGLAND RECORD LOT NO. 38 - BIG ISLAND VARIANCE - AFTER THE FACT PUBLIC HEARING 8:42 - 8:48 PM James Ogland was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. There was no one present from the public for this application. Assistant Zoning Administrator Gaffron stated that Mr. Ogland is planning to build on his property, Big Island - Lots 25 b 26 Morse Island Park, and in reviewing the file it came to staff's attention that an illegal deck and small building had been constructed on the lakeshore sometime between the Summer of 1982 and September of 1983. (Gaffron pre- sented teh Planning Commission with photographs of the decking and shed, originals in Big Island file, Lot 38.) Gaffron stated these structures were built without permits. Gaffron noted that Mr. Ogland was requested to bring this matter in as an after -the - fact variance application or that he tear it dean. Mr. Ogland stated that one reason the decking was bui It was that the shoreline is very steep and muddy. Mr. Ogland noted that he had tried to plant grass but the property faces east and nothing would grow. Mr. Ogland did mention that there is a sand/dirt base under the deck, thus should not be considered hard- cover. Rovegno noted that in other cases where there has been a prob l em wi th a steep shore l i ne, the Ci t y hp s approved lock boxes. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 18, 1985. PAGE 9 #900 JAMES W. OGLAND McDonald mentioned that the applicant did not do any grading or remove any vegetation and kept the land as natural as possible. Kelley moved, Taylor seconded, to recommend approval for an after -the -fact variance for Jamey W. Ogland for property located on Big Island, Rek rd Lot 38 based on the following findings and conditions: 1. The applicant has shown a hardship to exist. 2. The applicant has not removed any vegetation. 3. The applicant be put on notice that no further development of hardcover in the 0-75' setback. Motion, Ayes (6), Nayes (0). #901 KARL F. JOHNSON 3393 CRYSTAL BAY ROAD VARIANCE PUBLIC HEARING 8:55 - 10:02 PM Sherri b Karl Johnson were present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. The following neighbors were present: Greg bong of 3359 Crystal Bay Road John Kist of 3355 Crystal Bay Road Aline Ogland of 3345 Crystal Bay Road Jay B. & Beverly J. Keiser of 3375 Crystal Bay Road Jerry Wheeler of 3399 Crystal Bay Road Chairman Callahan read the petitions from the Plan- ning Commission packet opposing the storage ordinance. The following signed such petition, which were submitted to staff and will be kept on file inthe zoning file #901: Mr. 6 Mrs. Geo. A. Moss of 3335 Crystal Bay Road Richard Siakel of 3325 Crystal Bay Road Dick 6 Donna Carl of 3385 Crystal Bay 7 ,4 Eunice & Bob Nichols of. 3407 Crystal Bay Road oseph R. Lofrand of 3365 Crystal Bay Road Karl F. Johnson of 3393 Crystal Bay Road Jay B. 6 Beverly J. Keiser of 3375 Crystal Bay Road Greg t Pam Long of 3359 Crystal Bay Road Dirie Lee Weeks of 3329 Crystal Bay Road Chairman Callahan read a letter, enclosed in the Plarning Commission packet, from Dick & Donna Carl opposing the boat storage ordinance. ZONING FILE No. 9 0 0 CITY OF ORONO NOTICE OF PLANNING COlNISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3/20/85 -------------------------------------------------------------------------- TO: James W. Ogland COPIES TO: 5600 Excelsior Blvd. St. Louis Park, MN 55416 -------------------------------------------------------------------------- TYPE OF APPLICATION: XX Variance -------------------------------------------------------------------------- Date of Meeting: 3/18/85 Vote: 6 For 0 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPRCIAL CONDITIONS: Approval recommended subject to applicant being placed on notice that no future hardcover in the 0-75' setback area will be allowed. -------------------------------------------------------------------------- Applicant's next scheduled meetinqis confirmed as: Council April 8, 1985 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. To: City Council From: Michael P. Gaffron, Assistant. Zoning Administrator Date: March 28, 1985 Subject: #900 James W. Ogland - Record Lot Nc. 38 - Big Island Variance - After the Fact Zoning District - RS (Big Island) Application - After the fact hardcover and lakeshore setback variances for deck and storage shed in lakeshore yard. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Hardcover Calculations Exhibit E - Survey Exhibit F - Sketch Exhibit G - Photos Exhibit H - Alan P. Olson Memo 9/23/83 The applicant is planning on constructing a seasonal cabin on his Big Island property this summer. In reviewing the file for this property, it came to staff's attention that an illegal deck and small building had been constructed on the lakeshore sometime between Summer 1982 and September 1983. Please read the memo from Alan (Exhibit H). This building, now known to be for storage, was constructed without permits in violation of the zoning ordinances. The applicant signed and returned his Automatic Lot Area Variance forms in a timely manner in May 1983. Alan held these up after discovering the work in violation. Staff brought applicant in for an after -*he -fact hardcover and lakeshore setback variance after discussions regarding the access to the property indicated some fora of deck may be necessary to allow safe access to the property. A narrow strip of level shoreline exists next to the lake, then a steep bank of 50-65% slope nr steeper rises to a more level plateau and building site above the lake. Applicant has stated that the shoreline is treacherous to walk on and must be traversed in order to reach the south And of the lot, where the lesser slope al lows a pathway to the higher parts of the lot. The existing deck is slatted, and the applicant has stated that the shoreline is mainly sand, hence the deck may nearly meet our non -hardcover deck standards. The sma 1 1 storage building is 7'x8' and located about 12' from the shoreline according to the survey sketch. Applicant states that it is necessary for practical utilization of the shoreline. The deck and storage building together comprise approximately 480 s.f. or 6.5% hardcover in the 0-75' zone. Since it is impossible to safely travel to Big Island at this time in order to view the site, you will have to rely on the photos attached; the original color prints will be at the meeting for your review. or, perhaps you would wish to table the application pending ice -out and make an actual. inspection of the site. The Planning Commission reviewed this application at their March 18, 1985 meeting, and felt that there are hardships to the property that justify granting the variance: 1. Steep slopes and the uneven, sometimes slippery shoreline terrace make access to the property difficult if not hazardous. 2. The lake access is the only viable access to the property, and in this case the decking appears reasonable to provide a safe access. 3. The 7'x 8' storage building acts as a lock box for storage of boating incidentals (paddles, lifejackets, etc) which reasonably should not have to be carried up the hill after each use. Planning Commission noted that applicant has left virtually all of the original vegetation in place. Planning Commission recommended approval of these existing improvei:ients based on the above findings and hardship, subject to the applicant being placed on notice that no additional future hardcover will be allowed in the 0-75' zone. Staff notes that there may be other Big Island properties with similar access problems which could ask for the same type of variance. A resolution reflecting the Planning Commission's recommendation is attached for your review. It would be appropriate at this time, regardless whether or not you approve this variance, to formally recognize the Record Lot/Automatic Lot Area Variance resolution for this property (attached). 2 MINL)TES OF THE REGULAR ORONO COUNCIL. M1:ETING 111:1,1) A1'k11. 8, 1985. PAGE, 5 #898 KOEIINLN 1. City must approve setback variance for canopy structure (cont.) finding its placement not detrimental to the public safety. 2. New tanks installed per standards by Municipal State Fire Code. 3. Payment of $10,620 for total SAC and sewer unit payments with permit for installation of car wash. 4. Traffic flow signage provided on site upon completion of car wash. 5. Field tanks and lines must be inspected per approved City wide inspection schedule. Motion, Ayes (5), Nays (0). C#900: AMES OGLAND ISLAND RECORD LOT #38 VARIANCE RESOLUTION James Ogland was present. As-.istant Zoning Administrator Gaffron noted that this is an after -the -fact variance for a deck and storage shed that were placed within the 0-75' lakeshore setback zone. Gaffron noted that the applicant did complete his automatic variance forms and returned them to the City for processing. Gaffron explained that the ap;:lication was held up because of the violation. Mayor Butler moved, Councilmember T. Adams seconded, to approve the after -the -fact variance based on the following findings: 1. Stepp slopes and the uneven, sometimes slippery shoreline terrace make access to the property difficult if not hazardous. 2. The lake access is the only viable access to the property, and in this case the decking appears reasonable to provide a sa` ss. 3. The 7' x 8' storage building acts a, a lock box for storage of boating incidentals (paddles, lifejackets, etc) which reasonably should not have to be carried up the hill after each use. Before the motion was voted upon, Council continued discussion. Councilmember Frahm felt that the deck was acceptable but that the storage shed should not be allowed just to serve as a convenience so the applicant doesn't have to carry incidentals. Frahm noted that everyone else on Big Island or the lakeshore areas in Orono will wrist to have a shed 10 'e this one. Frahm felt that this would be precedent sett inq to allow the shed to remain within the 0-75' setback. MI ITES OF THE. REGULAR ORONO COUNCII. MEETING HELD APRIL 8, 1985. PAGE 6 1900 JAMF.S OGLAND (cont.) Mayor Butler asked Ogland if there were footinqs for the shed. James Ogland stated that the shed does not have footings but merely sits on the ground. Ogland noted that Big Island is for recreational use and that the topography of his land makes it very difficult to carry items up and down the hill. Councilmember L. Adams agreed with Councilmember Frahm regarding the shed. Adams felt that the storage shed should only be allowed to remain until the seasonal principal. dwelling is built. and then it should be removed. Councilmember Grabek stated that convenience should not be recognized by the City as a hardship. Grabek felt that the City would be opening the doors for everyone in Orono if they were to grant a variance for convenience only. Grabek felt the deck was acceptable because of the steep shore and that the deck should not create any eculongical problem. Grabek agreed that the shed should remain ur,lil the principal dwelling is constructed and then it should be moved out of the 0-75' setback zone. Mayor Butler moved, Councilmember Grabek seconded, to approve the after -the -fact variance for James Ogland based on the fallowing fin(°ings: 1. Steep slopes and the uneven, sometime -lippery shor?line terrace make access to the proper fficult if not hazardous. 2. The lake access is the only viable access to the property, and in this case the decking appears reasonable to provide a safe access. Such approval is subject to the following conditions: 1. Shed to be removed after the certificate of occupancy for the principal residence has been issued and is to be moved outside the 0-75' setback area. Motion, Ayes (4), Nays (1). Councilmember Frahm voted nay. Mayor Butler addressed the issue of the automatic lot area variance. Mayor Butler moved, Councilmember Frahm seconded, to conceptually approve the automatic lot area variance and directed staff to revise the resolution and resubmit it to Council for action. Motion, Ayes (5), Nays (0). ZONING FILE NO. 900 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 4/12/85 ----------------------------------------------------------------- TO: James W. Ogl and COPIES TO: 5600 Excelsior Blvd. St. Louis ParK, MN 55416 ----------------------------------------------------------------- TYPE OF APPLICATION: XXX Variance ----------------------------------------------------------------- Date of Meeting: 4/8/85 Vote: 4 For 1 Against COUNCIL ACTION - MOTION: To approve variances for the decking loca` d near the Lake- shore, but deny variances for the 7' x 8' storage shed. Council directed staff to re -draft resolution to inuicate that the shed must be removed from the 0-75' lakeshore zone prior to issuance of certificate of occupancy. This revised resolution will be presented as a "consent agenda" item for Council approval at the April 22 Council meeting. You need not be present. we will collect the building permit fee for the decks as part of the permit for your cabin construction (this will raise - your cabin permit fee only about $15.00). ------------------------------------------------------------------ If you desire copies of the official -'ouncil minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. To: City Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 12, 1985 Subject: #900 James W. Ogland - Record Lot No. 38 - Big Island Variance - Resolution - Consent Agenda Per your 4-1 vote on April 8, 1985, I have revised the resolution for this application by making the additional finding that no hardship is demonstrated to justify allowing the storage building to remain in the 0-75' setback area, revising the ap- proved hardcover % to reflect the removal of the storage building and adding the condition that the storage building must be re- moved from the 0-75' lakeshore setback area prior to issuance of a certificate of occupancy for the new principal structure. y V - ....�� s W^y` 1 cy\ J.P Ka- LAJOLE, oe- f\j (0- P,- C)Y-\) w OT�E �EaQRAM AT1'10L James Ogland SUBJECT DATE Rosolutions 4-19-85 Please review the two unclosed rt.-solutions that will be ore sen ted for Council ac t iun on the Consen L- Aganda * at h., r April 22nd meeting, If Yuu have: ;Any c&jugstions, pligasin call me prior to the meeting as thcro will be nu discussion of is a problem, I will table hhtion on the resolutiun until May 13th meeting. If you have no ou_Ctions, oiaas,2 ?Halo: arrangements to c;oinu into the City o fi:.t_ :, ;:c, sign off on th_o original resolutioris . Redw?M • 4i "1 SIGNED tZi}:� Gaf fror,, Asst . Zoning AWniiiistrato: so] Minnesota: City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1751 APPROVING A LOT AFEA VARIANCE "FOR RECORD LOT NO 38 PURSUANT TO ORDINANCE NO. 246, MUNICIPAL ZONING CODE SECTION 10.31 BE IT RESOLVED by the City Council of Orono, Hennepin County, FINDINGS 1. That James W. Ogland is (are) the owner(s)/tax- payer(s) of record of the following -ibed proper�y located within the RS Seasonal Recreational Zoning District of the City: Lots 25 and 26, Morse ?sland Park, Hennepin County, Minnesota 2. That in adoption of Ordinance No. 246, the City Council reviewed ownership, development and use patcorns on the islands and has deter- mined that all the above described property combined is and shall hereinafter and henceforth be one "RECORD LOT" as defined in Section 10.31 of said ordinance. 3. That all the above described property when combined as one RECORD LOT is still less than the minimum lot size required for new lots in the RS District, but that this RECORD LOT is being used and/or may be used in the future for any permitted use in the RS District without adverse affect upon public health, safety, or welfere. CONCLUSION The City Council of Orono hereby grants a lot area variance to the above described RECORD LOT based on the above findings and subject to the following conditions: 1. This RECORD LOT including all the above described property combined shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots or tax parcels, and it shall not be subdivided, sold in parts, reduced in area or otrerwise separated without application for and approval of a subdivision by the City. This condition shall not preclude future Gale or transfer of the complete "RECORD LOT" as a single unit. 2. Granting this variance means this RECORD LOT may be used for one - family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added -onto or replaced; all without requiring further City Council review of lot size, but subject to strict com- pliance with all building permit, setback, hardcover, on -site sewage treatment and other performance standards for development in the RS District . paq,e 1 of 2 city of OR ONO RESOLUTION OF THE CITY COUNCIL 1751 AGE 2; RECORD LOT NO. 38 RESOLUTION NO. 1751 3. Granting this variance shall not vest any rights in the property other than as specifically provided in Ordinance No. 246, and shall not preclude a future City Council from amer.dinca, modifying or otherwise limiting development rights and/or performance standards in the RS District. 4. The undersigned has read and understood thy: terms of this resolution and on behalf of himself, his heirs, successors and assigns, agrees that the above described property constitutes a single RECORD LOT; agrees that the RECORD LOT use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22nd day of April__, 1985. ATT T: orothy Itj Hallin, City Clerk Mary C. Butic*z, Mayor J (1) Property Owners) STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) (2) i� 6' On this / day of /%qy 1985, before me, a Notary Public within and for said County, personally appeared __________ l-0, r>C,Lkikj D known to me to be the person(s) described in and who executed the foregoing instru- ment, and acknowledged that he (they) executed the same as his (their) free act and deed. �••;GNAEL 'tPUBLPc HNOTARY ` PUBLIC Ar70 NEpIN CUN a r� Es;'i e C. ►�+"" MY COMMIS ION EXPIRES This document is being recorded for the benef it of the City of Orono per Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of OronL P.O. Box 66 page 2 of 2 Crystal Ray, - HH C0112 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certii'y that I have compared the foregoing copy oi' a resolution of the City Council of the City of' Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City C.^ur^il held onApril _ 22 19 85�, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, 1 have hereunto set my hand and seal this M-17th- - -- day of ),0 May19 85hy M. allin, Ctity ~Clerk (SEAL) This document is being re orded for the benefit of the City of Orono per Minnesota Statutes 386.77. Thomas J. Radio, City Attorney State Deed Tax T Hereon: Exempt This instrument as drafted by: City of Orono P.O. Box 66 Crystal Hay, MN 55323 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. I -75 0 GRANTING A VARIANCE. TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8 AND 10.31, SUBDIVISION 9 - FILE #900 WHEREAS, James W. Ogland (hereinafter "the applicant") is owner of property located on Big Island and designated as Big Island Record Lot No. 38, within the City of Orono (hereinafter "City") and legally described as follows: Lots 25 and 26, Morse Island Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for after -the -fact variances to Municipal Zoning Code Sections 10.5E, Subdivision 8, and 10.31, Subdivision 9, to permit the construc- tion of a deck and accessory Ftorage structure located within the 0-75' setback area, which sti-ictures comprise 480 square feet (or 6.5%) hardcover where no permanent or temporary structures or hardcover are normally allowed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Fi.e 0900. 2. This property is located within the RS Seasonal Recreational Zoning District. 3. The Orono Pl.anninq Commission reviewed this application on March 18, 1985, and recommended approval based on the following findings: a) The property has a substantial hardship in that the steep topography and uneven shoreline terrace make access to the property difficult and posssibly h371110us. b) The prope,- is not served by a developed road and the lakeshore is the only access to the property. City of OR,ONTO RESOLUTION OF THE CITY COUNCIL NO. _ 171 r'O —. . The Council finds no hardship would justify allowing the storage within the lakeshore setback area structure is constructed. demonstrated which structure to remain once the principal 5. The applicant has stated that the decking is under- lain by sandy material and boulder rip -rap, has no plastic sheeting or other impermeable material which would retard infiltration, and will remain in this condition permanently. e. The applicant nas allowed the natural vs-yetative screening to remain on the site. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant, and the effect of the proposed variance on the health, safety, and welfare of the community. 8. The City Council finds that the conditions existing on this :)roperty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger L.o neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or dif- ficulty; is necessary to preserve a substantial property right of the applicant; and would be in keep- ing with the spirit anO intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER, AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants an after -the -fact variance to Municipal Code Sections 10.55, Subdivision 8, and .10.31, Subdivision 9 to allow construction of a deck located within the 0-75' setback area, which structure comprises 424 square feet (or 5.8%) hardcover where no permanent or temporary structures and no hardcover are normally allowed, subject to the following conditions: 1. The deck structure may never be underlain with materials which would decrease the permeability of the land below the deck, nor shall it be enclosed, covered, or altered in any way so as to become hardcover. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1750 2. The 7' x 8' storage building must be removed from the 0-75' lakeshore setback area prior to issuance of a certificate of occupancy for the principal structure on the property, to be verified by staff at the time of final inspection. 3. Applicant is placed on notice that no future hard- cover variances will be --anted for this property, and no other variances are qZ teJ at this time. 4. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 8, 1986). 5. Violation or non-compliance with any of the terms and conditiins of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall he punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono on this 22th day of April, 1985. ATTEST: Dafothy M., / allin, City :'lerk Property Owner Property Owner ._ �. �( Mary C Izutler, Mayor kyA Spouse Spouse IIa(ac 3 of City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF' MINNI.SOTA ) ss. COUNTY OF HENNEPIN ) 1.750 On this ___1-n__ _ _ _ day of �'I,¢y _ _ _ 1985 before me a Notary Public within and for said county, personally appeared Jq-,Ar-S GU. e-', ,O;LL 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 deer'.. ON LMGNVEUB�PU,G-M,Es,to OAR�COUNV�Ty.� NOTARY P..U_iQiLICµJ J "--& //. A/ 97 1.11' COMMISSI N EXPIRES STATE OF MINNESOTA ) )Ss. COUNTY OF HE14NEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) describes] in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Paste 4 of 4 STATE OF MINNE ;OTA ) COUNTY OF HENNEPIN ) CITY OF ORONU ) I Dorothy M. Hallin, Ci:1erk of tree City of Orono, Hennepin County, Minnesota, do here certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on _ April _22 _ _ _ 19 _85_ and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 17th da; of May/ 1985 t shy hI Hai' n, City Clerk /Du (SEAL) This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386.77. Thomas J. Radio, City Attor State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 552S POPHAM ti-1.41K, SCHNOBRICH, KAUFMAN & DOTY, 16344 IDS CENTER MINNEAPCLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 612-333-4800 I WAYNE G. POPHAM CLIFFORD M. GREENE -7HN C. CHILDS ROGER W. SCMNOBRICH D. WILLIAM KAUFMAN DOUGLAS P. SEATON DENVER KAUFMAN 1641CMAEL O. FREEMAN THOMAS E. SANNER DAVID S. DOTY THOMAS C. OAOUILA BRUCE B. McPHEETEPta ROBERT A. MINISH LARRY D. ESPEL GARY O. BLACKFORC ROLFE A. WOROEN JANIE S MAYERON !.COTT E. RICHTER G. MARC WHITEHEAD THOMAS J BARRETT GREG�DAY L. WILMES BRUCE O. WILLIS JAMS A. PAYNE ELIZABETH ^.THOMPSON FREDERICK S. RICHARDS DAVID A. JONES KEITH J. HALLEI.AND G. ROGER* JOHNSON LEE E. SHEENY MARK B. PETERS�N GARY R. MACOMBER LESLIE GILLETTE TIMOTNY W. KU�P ROBERT S. BURK MICMAEL T. NILAN JULIE A. SWEITZE- HUGM V. PLUNKETT, M ROBERT H. LYNN THOMAS C. MIELENN ,ISEN FREDERICK C. BROWN ROBERT C. MOILANEN KATHLEEN A BLAT2 THOMAS K. BERG STEVEN G. NEIKENS MICMAEL D. CHRISTENS( N ■OUCE O. MALKERSON THOMAS F. NELSON J. r(ICHAEL S".-+wART2 JAMES R. STEILEN THOMAS J. RADIO LARAYE M.OSBC ONE JAMES B. LOCKHART DAVID L. MASHMALL OF COUNSEL ALLEN W. MINDERAKER KATHLCEN M MARTIN FRED L. MORRISON June ? ? , 1`1115 Ms. Jeanne Enbusth City of Oron,, Box 66 Crystal Bay, Mid 55,64 Dear Jeanne: Ip @[ OCV'r.;., �V 1 71985 J CITY OF OiUi Ipyl 1240 AMHOIST TOWER 345 ST PETER STREET SAINT PAUL. MINNESOTA SS102 TELEPHONE 612-333-4878 2060 PETRO-LEWIS TOWER 717 SEVt NTEENTH STREET DENVER,COLORADO 60202 TELEPHONE ANJ TELECOPIER —3. 292-2660 FE 300 SOUTH )800 M STREET, N W WASHINGTON, D. C. 20036 TELEPHONE t202) 828-5300 TELECOPIER (202) 828-5318 I am sending you the enclosed resolutions and variacces for your file. I am enclosing Resolution No. 1744 and Flowage and Conservation Easements for the Thomas Crosby property. All three documents were filed on April 23, 1985. The resolution document is #4987688 and the easements are #4987689 and #4987690. Resolution No. 1743 was filed for the plat of White Oak Overlook on May 20, 1985 as document #4995445. Resolution 01748 was filed for the plat of White Oak Overlook on May 23, 1985 as document #4996673. The last set of documents I am sending you are Re�jlutions Nos. 175U and 1711 pertaining to the lot area variance for James V/ Oyland. I cannot file these documents because the property June 13, 1985 Page 2 covered by the variance torrens office will not return these documents NEH/if Enclosures 6175f action is torrens property. Since the accept variances fo- :ecording, I mist to you. Very truly yours, ncy Husnik egal Assistant