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HomeMy WebLinkAboutProject PacketCity Council Meeting November 13, 2000 8. #2626 William and Lynn Peterson, 420 Orchard Park Road-Variance and Right-of-Way Vacation-Resolution No. 4562-Continued between the public and private land. Flint moved, and Peterson seconded, to adopt Resolution No. 4562 granting a variance to Municipal Zoning Code Section 10.27, Subdi.vision 5(B) to permit the property to be a buildable lot where 4.3 acres exist and 5 acres are required for residential use and denying vacation of platted right-of-way, with the change to condition 4 stating that the right of the public to share his driveway shall only exist in the portion of the driveway on land currently owned by the City. Vote: Ayes 5, Nays 0. *9. #2627 Willmar Thorkelson, 440 Big Island-After-the.:Fact Variance Resolution No. 4563 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4563 granting a variance to Municipal Zoning Code Section 10.31, Subdivision 8(C) to allow an accessory structure to be located 23 feet from the platted street right-of-way where 30 feet is required. Vote: Ayes 5, Nays 0. 10. #2628 Roger Anderson, 2200 Shadywood Road-Variances-Resolution No. 4564 6 Flint requested this item be removed from the Consent Agenda because he had a question about the letter from the City Engineer suggestion plantings along the lake front, which was not mentioned in the resolution. Gaffron stated that the letter was asking for a buffer on the land consisting of 15 -20 feet of unmowed vegetation along the shoreline. Mr. Anderson stated that they will take proper erosion control measures during construction, including a silt fence and a swale just outside the 0-75 foot zone. Kelley stated he was not in favor of the vegetation, and that if the City wanted to encourage that form of erosion control, it should be done city-wide as an ordinance. Flint stated he was concerned that the recommendation was made, but not incorporated into the resolution. Gaffron stated that was because there was no ordinance to support the recommendation. Flint moved, and Kelley seconded, to adopt Resolution No. 4564 granting a variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow new residential construction on a 0.38 acre lot where 0.5 acre is required and having a lot width of 52 feet where 100 feet is required. Vote: Ayes 5, Nays 0. *11. #2632 Temple Israel, 645 Tonkawa Road-Conditional Use Permit Resolution No. 4565 Sansevere moved, and Peterson seconded, to adopt Resolution No. 4565 granting a CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612-249-4600 TO: Mr. Willmar Thorkelson 4851 Dawnview Terrace Golden Valley, MN 55422 ZONING FILE # 2627 NOTICE OF CITY COUNCIL ACTION DATE OF NOTICE: 11/14/2000 COPIES: TYPE OF APPLICATION: After-The-Fact Variance DATE OF MEETING: 11/13/2000 VOTE: 5 FOR O AGAINST COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday 8:00 AM -4:30 PM). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit. (The building permit application is separate application from the zoning variance application). Variance approval is limited to the extent shown on the approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than November 13, 2001. Since this is an after-the-fact variance the permit should be applied for as soon as possible. If you desire certified copies of the official Council Minutes, they are available from the City Clerk after review and approval by the City Council. .. --- MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 · ..• *(#11) #2620 PAUL PUSCUZZI, 3320 NAVARRE LANE-AFTER-THE-FACT VARIANCE -RESOLUTION NO. 4548 Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4548, a Resolution approving a variance to allow placement of an accessory structure between the principal building and the front lot line where no accessory structures are normally allowed and 15 feet from the front lot line where_ 30 feet is required for the property located at 3320 Navarre Lane. VOTE: Ayes 3, Nays O. *(#12) #2621 JAMES BARTH, 3725 TOGO ROAD -PRELIMINARY PLAT - RESOLUTION NO. 4549 Flint moved, Sansevere seconded, to approve and adopt RESOLUTIOi\ NO. 4549, a Resolution approving preliminary plat subject to the conditions outlined in the Resolution. VOTE: Ayes 3, Nays 0. *(#13) #2624 ROGER OLSEN, 815 PARTENWOOD ROAD-RE:NE\\'AL VARIANCES- RESOLUTION NO. 4550 Flint moved, Sansevere seconded, to approve and adopt RESOLUTIOi\ i\O. 4550, a Resolution granting renewal of variances to allow the remodeling and expansion of the existing residence to include a four stall garage and additional living space for property located at 815 Partenwood Road, subject to the conditions outlined in the resolution. VOTE: Ayes 3, Nays O. (#14) WILLMAR THORKELSON, 440 BIG ISLAND, AFTER-THE-FACT VARIANCE Mrs. Willmar Thorkelson and John Waldron, Attorney-at-Law, were present. Bottenberg stated the Applicants have requested an after-the-fact variance to permit a 12' by 24' storage shed to remain on this property located on Big Island. The shed is currently located 23 feet from a platted, dedicated right-of-way where 30 feet is required . The Planning Commission voted 3 to 3. on a 111otion to recommend denial of the variance to permit the storage shed to remain on the property. It \Vas the opinion of the Planning Commission . members favoring denial that permitting the storage shed to remain would set a negative precedent. The Planning Commission members would not have voted for the plan as is , but would favor the size of the shed be decreased or moved to meet the required setback. It was the opinion of the Planning Commission members favoring variance approval that permitting the storage shed to remain was acceptable because only a small portion of the storage shed was in the setback. The platted, dedicated right-of-way is not and is not intended to be developed street within Big Island and because the building is in the most appropriate location on the lot because of the topography. PAGE7 MINUTES OF THE ORONO CITY COUNCIL MEETING October 23, 2000 (#14 Willmar Thorkelson, Continued) Waldron stated the person who built the shed didn't realize he was encroaching into the setback, with relocation of the shed causing more damage to the environment due to the removal of some large trees and the need to utilize big equipment. Waldon stated the roadway is basically a t\vo-track path through the woods, and requested that the shed remain in its present location. Mayor Jabbour stated it was his understanding the Planning Commission had asked the occupation of the person who constructed the shed and had arrived at the conclusion that he was a contractor, which is incorrect. Jabbour stated the person is not a contractor. Waldron stated that is correct. Mayor Jabbour stated although he is the adjacent property O\vner, he does not know the Applicants personally and will be voting on this application tonight. City Attorney Barrett stated in his view there does not appear to be a conflict. Jabbour commented he would like to encourage the residents of Big Island to come before the City Council with all non-conforming issues. Flint inquired what type of precedent the City would establish if this application were approved. City Attorney Barrett stated since this roadway is not considered to be a standard roadway and due to the topography of the land, location of the shed is limited, that in his view it would not set a negative precedent. Mayor Jabbour stated the hardship that exists is the topography and the wetlands that exist on the property. Flint moved, Sansevere seconded, to direct City Staff to draft a resolution for adoption at the November 13, 2000 City Council meeting based on the hardship that exists. VOTE: Ayes 3, Nays O. "'(#15) #2629 KEITH NORD, 1245 LAKEVIEW A VENUE, VARIANCES-:-- RESOL UTION NO. 4551 Flint moved, Sansevere seconded, to approve the adopt RESOLUTION NO. 4551, a Resolution granting a variance to permit a 16' by 24.5' residential addition to the existing house located at 1245 Lakeview Avenue. VOTE: Ayes 3, Nays 0. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#2626 William and Lynne Peterson, Continued) Lindquist stated the Applicant could still do the easement if they so desire, but he would not be in favor of vacating the road at this time. Stoddard stated he concurs with Lindquist's statements . Lindquist moved, Hawn seconded, to recommend approval of Application #2626, William B. and Lynne Peterson, 420 Orchard Park Road, granting of a lot width variance subject to the four conditions outlined in the October 11, 2000 Planner's Report, and to recommend denial of the request for the vacation of the road. VOTE: Ayes 6, Nays O. Peterson inquired who would be responsible for maintenance of the road if someone else should use it in the future. Gaffron stated the City would probably leave that up to the Applicant and anyone else using the road to reach an agreement on the maintenance. Gaffron suggested that perhaps the Applicant may wish to discuss this item with the City Attorney. (#12) #2627 WILLMAR L . THORKELSON, 440 BIG ISLAND, AFTER-THE-FACT VARIAN CE, 8:21 p.m. -8:42 p.m. Mr. and Mrs Willmar Thorkelson, Applicants, were present, along with John Waldron, Attorney-at-Law. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicants are requesting an after-the-fact variance to permit a storage shed to remain on the property which is currently located 23 feet from a platted, dedicated right-of-way where 30 feet is required . The accessory structure was built in 1999, without a building permit. The Applicant was notified by Orono's building official of the violation in April of 1999 and August of 2000. The notification letter explains when a building pennit is applied for, a review of the plans is done to check to see if it meets City building and zoning codes. The Applicant had the property surveyed which indicates the shed is located 23 feet from the street right-of-way, and therefore, a building permit has not been issued. Bottenberg indicated the shed is currently utilized for storage of an A TV, yard equipment, gardening tools, supplies and other tools. The shed is used to house equipment for the back property. Bottenberg noted the property consists of two lots that have been legally combined making it large and odd shaped . The platted right-of-way was dedicated to the public use forever on the plat of Morse Island Park in 1887, but is not a developed road or street. The City does not intend for it to become a PAGE 16 ~ .... ·• -. ·:.·-.-::-;> ..... MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#2627 Willmar Thorkelson, Continued) developed street and it acts more like a trail through the woods and provides access for emergency or service vehicles and utilities to Big Island. Bottenberg stated the storage shed is located on a high spot on the property, with the surrounding land consisting of wetlands and slopes to low areas. The area surrounding the shed is wooded, and the existing shed location is appropriate in terms of topography and trees except for the lot line encroachments. Moving the shed six feet back will result in the need to remove two mature trees. A total relocation of the shed on the site to meet setbacks would potentially do damage to the site due to the possible soil and vegetation disruption that would be caused by the heavy equipment to move it. Bottenberg noted structural and hardcover coverage are not an issue with this application. City Staff views this building encroachment as extremely minor as compared to the 0-75' violation on the opposite side of the island a year ago in which that resident was required to move a newly constructed cabin out of the 0-75' zone. The visual and perceived impacts of the Thorkelson request, by contrast, are minimal. City Staff recommends approval of the variance to allow the shed to remain located 23 feet from the right-of-way. Bottenberg noted the City did receive a letter from Mayor Gabriel Jabbour, who owns an adjacent lot on Big Island, indicating support of the variance, noting that the "roads" on the island are neither traveled or used. John Waldron, Attorney-at-Law, stated if the shed is required to be relocated, the removal of some mature trees would result, which in their view is a hardship. Waldron stated the encroachment is relatively minor since the roadway is not used as a normal roadway and is not intended to become a standard roadway. Waldron commented the Applicants' son constructed the shed in a site he thought was aesthetically best for this property and did not realize he was encroaching into the setback. There were no public comments regarding this application. Hawn inquired whether another site exists on the property where this shed could have been constructed without impacting the trees. Botten berg stated a number of trees would have needed to be cut down. Hawn noted that a number of other residents on Big Island have constructed things without obtaining the proper permits. Hawn stated in her view she is unsure whether she would have approved this shed in the first place. Kluth noted this is a substantial sized building and questioned whether the Planning Commission would have approved this size building in the first place. Kluth inquired whether the Applicant was aware that a building permit needed to be obtained prior to construction. PAGE 17 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#Z2627 Willmar Thorkelson, Continued) Waldron stated he is unsure what knowledge the son has regarding the building permit process. Lindquist commented he does have a problem with this shed in light of the fact that no building permit was obtained prior to construction. Waldron indicated he is aware that the Planning Commission needs to address issues relating to after-the-fact variances, but in his view this is a unique circumstance, with the setback encroachment being relatively minor since this is not a normal public roadway and has a minimal impact on the area. Waldron recommended the Planning Commission look at the impact that removal of the shed would cause on the environment, which would have a more adverse impact than if the shed were allowed to remain in the location it is presently in. Stoddard stated the Planning Commission does look at a number of after-the-fact variances, noting that in a number of cases the residents of Big Island have not been obtaining the necessary permits prior to construction of structures. Stoddard stated the residents of Big Island need to realize that they also need to comply with the City's codes. Kluth stated in his opinion the failure to obtain building permits by the residents of Big Island do not appear to be mistakes but rather a pattern. Kluth stated the residents are aware of the nature of the roadways and lots on Big Island and that extra caution needs to be taken prior to any work commencing on their properties. Hawn commented she would like to see a smaller structure. Hawn inquired whether the structure could be down-sized somewhat. Waldron stated anything is possible and that reducing the size of the structure would probably cause less damage than relocation of the structure. Waldron noted that hardcover or structural coverage is not an issue in this application. Hawn inquired how much of the shed is located within the setback. Waldron stated it is his understanding approximately six feet of the shed is within the setback. John Burch, Big Island, stated he is familiar with the structure and in his opinion leaving it where it is would cause less detrimental impact to the environment than relocating it. Burch commented he understands the residents need to comply with the rules, but in his view this is a very minor encroachment. Mrs. Thorkelson stated it would be very difficult to relocate the shed due to the heavy equipment that would be needed to move it. Thorkelson stated her son constructed the shed in a very sturdy manner and it would be difficult, if not impossible, to reduce the size of the shed. Gaffron requested a line be drawn on the survey indicating the portion of the shed that is located within the setback area. PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#2627 Willmar Thorkelson, Continued) Waldron commented due to the minor encroachment, he does not think removing that portion of the shed within the setback is necessary. Stoddard inquired why a building permit was not obtained prior to construction. Mrs. Thorkelson stated it was her understanding her son would take care of everything and did not inquire whether a building permit had been obtained. Kluth inquired what her son's profession is. Mrs. Thorkelson stated he does some woodworking and different projects. Kluth noted since he does work in the construction industry, he should have been aware ofthe- building permit process. Lindquist moved, Kluth seconded, to recommend denial of Application #2627, Willmar Thorkelson, 440 Big Island, for granting of an after-the-fact variance to permit a storage shed to remain on the property, with the understanding that the Applicant has the option to bring the structure into compliance with the City's existing ordinances or remove the building. VOTE: Ayes 3, Nays 3, Nygard, Stoddard and Berg Opposed. Hawn commented this application will proceed to the City Council. Stoddard stated in his opinion this was the proper motion to make on this application, noting that the residents of Big Island need to be sent a message that they need to comply with Orono's rules and obtain the necessary building permits. Stoddard recognized that the portion of the building into the setback is very minor and that the roadway is not a standard roadway. Nygard stated he does not have a problem with the encroachment. (Hawn excuses herself from the remainder of tonight's meeting at 8:42 p.m.) (Commissioner Dale Lindquist chaired the remainder of the meeting.) (#13) #2628 ROGER ANDERSON, 2200 SHADYWOOD ROAD, VARIANCE, 8:43 p.m -8:47 p.m. Roger Anderson, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is proposing to tear down and construct a house and detached garage on a lot that does not meet lot area or lot width requirements. The lot is 16,941 square feet where 21,780 square feet is the minimum lot are for the LR-IC zoning district. The lot is served by sanitary sewer and currently has a house and detached garage on it. Lots of one PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 16, 2000 (#2628 Roger Anderson, Continued) acre or less serviced with public sanitary sewer and platted prior to the adoption of the zoning chapter are only required to meet 80 percent of the lot area requirement. Bottenberg stated the proposed residence and detached garage, which is proposed to be 18' by 20' or 360 square feet, meet all setbacks in the LR-IC zoning district. The proposed residence and detached garage meet structural and hardcover coverage requirements of city ordinances. The City Engineer at this time has not reviewed the grading plan. City Staff recommends approval of the variances from lot area and lot width subject to review and approval of the grading plan by City Staff prior to this application proceeding to the City Council. Anderson stated he has recently purchased this property a couple of months ago with the intention of remodeling the existing residence, but upon completion of a survey which indicated the house is not well situated on the lot, they have elected to construct a new residence. Anderson stated they have attempted to comply with Orono's codes as best as possible. There were no public comments regarding this application. Stoddard moved, Berg seconded, to recommend approval of Application #2628, Roger Anderson, 2200 Shadywood Road, granting of variances to lot area and lot width subject to review and approval of the grading plan by City Staff prior to this application proceeding on to the City Council. VOTE: Ayes 5, Nays O. (#14) #2629 KEITH NORD, 1245 LAKEVIEW A VENUE, VARIANCES, 8:48 p.m. -9:08 p.m. Darrell Meyer, on behalf of Keith Nord, was present. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting variances tcipeT~~iffiiction of a one stall garage attached to the existing residence. The attached garage would increase the width of the house by 16 feet and would be built the entire depth of the house, which is 24.5 feet deep. The existing residence was constructed in 1958 prior to the adoption of the current zoning ordinance. Variances are required to permit the garage addition to be located 26 feet from the front property line where 50 feet is required and six feet from the east property line where 50 feet is required because the east line is adjacent to a platted, undeveloped street. Weinberger stated the house was originally built 29.8 feet from the front property line prior to the City adopting the 50 feet setback for new construction. The house was placed on the lot with the sides being parallel with side lot lines and 29 feet from the front property line. No PAGE 20 Application Date: 9/20/00 Completion Date: 9/20/00 60 Day Deadline: 11/20/00 Department Approval: Name Wendy Bottenberg REQUEST FOR COUNCIL ACTION Title Zoning Adminstrator/Planner Item Description: #2627 Willmar Thorkelson 440 Big Island Variance -After the Fact Zoning District: RS -Seasonal Recreational Exhibits: A Resolution B Staff Report (Dated October 23, 2000) Application Summary: DATE: 11/13/00 ITEMNO.: f Agenda Section: The City Council on October 23, 2000 approved application #2627 for an after-the-fact variance to permit a 12' x 24' (288 s.f.) storage shed to remain on the property. The application was approved by a vote of 3 to 0. Council directed Staff to return with a resolution to be presented for adoption by the City Council. Staff is recommending the Council adopt the resolution attached as Exhibit A. COUNCIL ACTION REQUESTED: To adopt the resolution approving an after-the-fact variance for minimum setback from platted street right-of-way for property located at 440 Big Island. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 8 (C) FILE NO. 2627 WHEREAS, Willmar L. Thorkelson and Maxine B. Thorkelson (hereinafter "the applicants") are owners of the property located at 440 Big Island within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Scriver' s Subdivision of Lot E Morse Island Park and Lot 6 and the South Half of Lot 7, Morse Island Park Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.31 Subdivision 8 (C) to permit an accessory structure to be located 23' from the platted street right-of-way where 30' is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2627. 2. The property is located in the RS Recreational Seasonal Zoning District requiring five acres in area. The property consists of 48,781 s.f. or 1.12 acres. 3. The applicants' son constructed a 12' x 24' accessory building on the prope1iy without obtaining the appropriate building permit and in a location not meeting the required street setback. 4. The Orono Planning Commission reviewed this application on October 16, 2000 and voted 3 to 3 on a motion to recommend denial of the request. The application was sent forward to the City Council. Page 1 of 4 5. The City Council made the following findings of fact: A. The topography of the property limits where the accessory structure can be located on the property. The structure is in an appropriate location based on the topography of the site. B. The location of the accessory structure does not impact neighboring properties or use of the right-of-way. C. The angled orientation of the shed related to the right-of-way results in only the westerly corner of the shed encroaching into the required setback. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.31, Subdivision 8 (C) to allow an accessory structure to be located 23' from the platted street right-of-way where 30' is required. 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicants, Page 2 of 4 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 (November 13, 2001). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of November, 2000. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner ( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November, 2000, by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ~ ..... ...... ..0 ~ SURVEl'ING & ENGINEERING CO. .\linn<lonL:.i.. ;\l'N jj).(j rhnnc (612) -t7J 196.1 F':n (61?) .s7_. S167 :TE, BILL & MAXINE Tl/ORKELSON \ !I/II" ;,oo,, 1_,,.,--.________,, ,, I f1)1)9 OR,\fTEO: April JO. 1999 I I IN: \ r·--- I I I I f0VN0 OISTIHC IIC,11" 0 JI hit ., ""· , __ 51,-....... _,_.~ --------I ,,~ . \ -,,. ""-() f-- I I I I rOUNo t•:: Lll(IAII .i:i:ion o(lol E Mone bland Pirkand lol 6anJ the South H.11foflo1 7. Mone lsl::and P,ukSccond AJJi1ion. HcMcpin Couary, I. 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I ······-··-. -·• JOO NO. 99 Application Date: 8/23/00 Completion Date: 8/23/00 60 Day Deadline: 10/23/00 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner Item Description: #2627 William Thorkelson 440 Big Island Variance -After the Fact Zoning District: LR-lB One Family Lakeshore Residential District (I Acre) Lot Area: 48,781 s.f. (1.12 acre) List of Exhibits: A Letters/Phone Calls of property owners on Big Island B Staff Report and Exhibits of 10/16/2000 Application Summary: DATE: 10/23~0i]_ ITEMNO.: { / Agenda Section: The applicant has applied for an after-the-fact variance to permit a 12' x 24' (288 s.f.) storage shed to remain on this property located on Big Island. The shed is currently located 23' from a platted, dedicated right-of- way where 3 O' is required. Planning Commission Recommendation: The Planning Commission voted 3 to 3 on a motion to recommend denial of the variance to permit the storage shed to remain on the property. It was the opinion of the Planning Commission members favoring denial that permitting the storage shed to remain would set a negative precedent. These members would not have voted for the plan as is, but would favor requiring it to be decreased in size or moved to meet the required setback. It was the opinion of the Planning Commission members favoring variance approval that permitting the storage shed to remain was acceptable because only a small portion of the storage shed was in the setback; the platted, dedicated right-of-way is not and is not intended to be a developed street within Big Island; and because the building is in the most appropriate location on the lot because of the topography. STAFF RECOMl\'IENDATION: To approve the application based on staffs conclusions as voted on page 2 of the 10/16/2000 staff memo. COUNCIL ACTION REQUESTED: Moti'cm to direct staff to draft a resolution for adoption at the November 13, 2000 City Council meeting. Gabriel E. Jabbour October 9, 2000 Waldron Law Offices, LTD. John B. Waldron 1951 Concoria Street Wayzata, MN 55391-9320 985 Tonkawa Road Long Lake, Minnesota 55356 Phone: 952-471-9256 FAX: 952-471-n35 Re: Variance Application of Willmar Thorkelson 440 Big Island, City of Orono Dear Mr. Waldron: As an adjacent property owner, I am writing to express my support for your requested variance. I walked the site personally this past weekend. There is no reason to apply the setback to Big Island that the city applies to the roads on the mainland, since the "roads" on the island are nether traveled or used. Sincerely, ~~------. ',, Gabriel E. Jabbour •••• ,;:•'•: •;. •7 •••••r•••,.,_ ••• .: , ,-' -::/1-, . --~~1 ... -------·· ····· ·-···---------•·•··· •·.-, ··.~·-•-·"··~·••&---•· ••• C -• i _../Q ::..l~.:~O.._Q _________ ---·--·-· .. , ....... ____ .,_____ ·-..... --· ·-···-· ·-.. --· .. -•.•·---·-----·· --t..---···· ___ ., ··--·-· --.. , ·---~---•· -·· -------· -----·-··••• ..... --··--··-• ·---------·· . ·-·-----··•-·---. --· . ____ .._ _____________ --.. -~ .,,, ., ---"·-·--~------------·---· •• ------•• --~---------·-·· •• --·· ----·------·----------••• -----•• • ---·----~-••••• ➔ _ .. _ .. ___ •• .,_ •• ----""' •---''-! - 1?YJd.C-tHJ UJ/ UZ<./\iCvu.,Q.J M~l4cC', -.... --·----. ---.... •-·· ---------· ··-•--·---······ ---___ __,_..,,,..._, _____ --· -.------•'-"'-: --•••• • -• ... •--•--•-••-•••-•-•~----•• • ••• -~----•--•--• ••-, -•-•---••••--=~-.. •-••••'•-• + "-o--••• .-++ •····•······---· •-·-· -----.-•4-•·-•··----~···· -·-··-··--.. -----· ... . . -·-------· -·----~-----·····-~---------. . 1C"' :foktL. _ 61.i'clu .. C( .;./ut.d..d .. f1/l e...t,,:ti~to/-.... __ . . /0 .... ;e:,· -:2,q_o6 I~ .$µ.;JP,CJ(f _qf_ __ ~elU_,,_,a,. ;.i fl \_ \ \ TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Wendy Bottenberg, Zoning Administrator/Planner October 16, 2000 SUBJECT: #2627 Willmar Thorkelson 440 Big Island Variance --Public Hearing Zoning District: RS (Seasonal Recreational) List of Exhibits A Analysis B Application/ Applicant Letter C Site Plan/ Survey D Building Official Notification Letter E Shed Plans F Topographic Map G Photos of Property H Hardcover Calculations I Plat Map J Location Map K Prope1ty Owner's List L Permit Record Pertinent Code Sections (After-The-Fact) Actual Lot Area: 48,781 s.f. (1.12 acres) 1. Section 10.31, Subd. 8 (C): Minimum Setback: The minimum setback from platted street rights- of-way, all structures: 30 feet. To permit a 12' x 24' (288 s.f.) accessory structure to be located 23' from the property line. Application Summary: The applicant has applied for an after-the-fact variance to permit a storage shed to remain on the property. The shed is currently located 23' from a platted, dedicated right-of- way where 30' is required. The accessory structure was built in 1999 without a building permit. The applicant was notified by Orono's building official of the violation, April 1999 and August 2000. The notification letter explains when a building permit is applied for a review of the plans is done to check if it meets City building and zoning codes. (Exhibit D). The applicant had the property surveyed and the survey indicates the shed is located 23' from the street right-of-way, therefore a building permit has not been issued. The shed is currently used for storage of an ATV, yard equipment, gardening tools, supplies and other tools. The property consists of two lots that have been legally combined making it large and odd shaped. The shed is used to house equipment for the back prope1iy. #2627 Willmar Thorkelson 440 Big Island Variance 10/16/2000 Page 1 The platted right-of-way was dedicated to the public use forever on the plat of Morse Island Park in 1887, but is not a developed road/street. The city does not intend for it to become a developed street. It is more like a trail through the woods and provides access for emergency or service vehicles and utilities to Big Island (Exhibit G-1 ). The storage shed is located on a high spot on the property. (Exhibit G-3). The surrounding land includes wetlands and slopes to low areas. The area surrounding the shed is wooded, and the existing shed location is appropriate in terms of topography and trees, save for the lot line encroachments. Merely moving the shed 6' back will result in the need to remove two mature trees. A total relocation of the shed on the site to meet setbacks would potentially do damage to the site due to the probable soil and vegetation disruption that would be caused by the heavy equipment to move it. Structural and hardcover coverage are not an issue with this application. Staff views this building encroachment as extremely minor as compared to the 0-75' violation on the opposite side of the island a year or so ago. That applicant was required to move a newly constructed cabin out of the 0-75' zone. The visual and perceived impacts of the Thorkelson request, by contrast, are minimal. Statement of Hardship: The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. Will the location of the shed impact neighboring properties or use of the right-of-way? 2. Is moving the shed worth cutting down mature trees? 3. Is damage to the property, surrounding property and access location to the island that large equipment would cause that would be needed to move the shed a concern versus leaving the shed in its current location? 4. The topography of the property limits where the shed can be located. 5. The platted right-of-way is not and is not intended to become a developed street within Big Island. 6. Does Planning Commission have any additional issues or concerns with this proposal? #2627 Willmar Thorkelson 440 Big Island Variance 10/16/2000 Page2 Options for Action: 1. Recommend approval of variance. 2. Recommend denial of variances, stating reasons. 3. Advise applicant what other possible revisions will make the application acceptable. 4. Other. Staff Recommendation: Recommend approval of the variance to allow the shed to remain located 23' from the right-of-way. #2627 Willmar Thorkelson 440 Big Island Variance 10/16/2000 Page3 ANALYSIS Structural Coverage Total Lot Size Total Structural Coverage Percentage 48,781 s.f. 1,250 s.f. 2% Hardcover Distance Total Area in Existing Allowed Proposed from Setback Hardcover Hardcover Hardcover Shoreline 0-75' 7,786 s.f. 53 s.f. 0 s.f. 53 s.f. (0.7%) (0%) (0.7%) 75-250' 8,852 s.f. 972s.f. 2,213s.f. 972 s.f. (9.1%) (25%) (9.1%) 250-500' 32,143 s.f. 278 s.f. 9,642.9 s.f. 278 s.f. (0.9%) (30%) (0.9%) CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 440 Big Is 1 and Application #_2_-_&_· 1_· _7 __ Date Received q -?,,{!') -CTu Amount Paid $ zs-c)~ Property Identification Number (P.I.D.)_2_3_-_1_1_7_-_2_3_3_2_0_0_7_1 __________ .. :i Attach legal description to application if not included on required survey. Date Property Acquired __ A-'-p_r_i_l_1_9_9_7 _____________ (month/year) .::-",;:::. I (~~) (do not) also own the adjacent parcels of land. Present use of property: X residential __ other (specify) _________ _ Zoning District: ' APPLICANT Name W i 1 1 ma r L . Tho r k e 1 so n Address: 4851 Dawnview Terrace O\VNER (if different than applicant) Name Phone (home) 5 88-2486 Phone (work) ________ _ City: Go 1 den Va 1 1 e y Zip: 5 5 4 2 2 Phone (home) _______ _ -----------------Phone (work) _______ _ Address: ···•:., -------------City: ________ Zip: --! .--·-.. "'..~ DESCRIPTION OF REQUEST Estimated Construction Cost$ --------Describe request in detail: after the fact variance -see Exhibit A attached hereto. (attach additional sheets if necessary) VARIANCES REQUIRED -·-Lot _Area Lot \Vidth Hardcover X Setback: Front X Side Rear __ Lot Coverage Average Lakeshore __ Other (specify)'-------------------------- HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: See Ex h i b i t A a t t a ch e d he re to . (attach additional sheets if necessary) 6 :,; EXHIBIT A CITY OF ORONO VARIANCE APPLICATION OF WILLMAR L. THORKELSON 1. Legal names of all persons with an interest in the subject property: Willmar L. Thorkelson, married to Maxine B. Thorkelson Peter A. Thorkelson, a single person 2. Description of variance request and hardship/description of unusual property conditions: This after-the-fact variance request is made for the purpose of allowing a storage shed to remain on the subject property, which encroaches 6.28 feet into the sideyard setback area for the lot. The shed is of recent construction, is well-made, and is 12 feet by 24 feet in dimension. Detailed plans for the shed as built are attached, as is a photograph of the shed. You should already have on file a survey of the subject property dated April, 1999, by Advance Surveying & Engineering Co., together with hardcover calculations. The applicant's co-owner and son, Peter Thorkelson, regretfully constructed the shed without knowing that it encroached on the side yard setback, and thought that he was positioning the shed in a manner which would be best for the lot and surrounding properties. The encroachment is fairly minor, especially given the fact that the shed encroaches on the sideyard abutting what is laid out as Moslin Avenue. Moslin Avenue is a street that has never been opened and it is questionable whether it was ever actually dedicated to the public. It is currently no more than a two-track cartway through the woods. As the survey indicates, the subject property consists of two, unusually shaped lots. If the shed is moved, large trees would have to be destroyed in the process. The encroachment is minor and the applicant respectfully requests that it be allowed to remain in place. B JESPERSON LAW OFFICE I O I 2 GRAIN ExCHANGE BUILDING 400 SOUTH FOURTH S"mEe:r MINNEAPOLIS, MINNESOTA 554 I 5 C6 I 2> 332·035 I 5 .JOHN R. .JESF'ERSON ATTORNEY AT LAW Mr. Lyle Oman City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 May 5, 1999 Re: 440 Big Island, Orono, Minnesota Dear :tvfr. Oman: Enclosed as we discussed is the building permit application, hardcover worksheet and survey for the shed located on the Thorkelson property on Big Island. The hardcover worksheet was completed by the surveyor. Also enclosed are scale drawings of the structure that were prepared by Mr. Peter Thorkelson. As we discussed, the shed is intended for the storage of the Thorkelson's small ATV, lawn mowers, gardening supplies, supplies and tools. The interior of the structure is not finished. It does not contain any electrical fixtures-, sinks or drains. A large door is located on the back of the shed, below which is located a ramp. This is the primary access into the structure for lawn mowers, tools and other gardening supplies. · · · · · · A screen porch is located on the front of the structure, to provide a sitting area during warm summer months, when the cabin (located near the lake shore) is too warm. I presume the appearance of the screen porch caused some confusion, as the building has the appearance of a small cabin. However, a further examination reveals the building is being used in a manner consistent with the intent stated on the permit application. Mr. Lyle Oman May 5, 1999 Page 2 Please feel free to contact my office if you have any questions about the enclosed permit application, or if you require any additional information. JRJ:ii enc. cc: Mr. Willmar Thorkelson Mr. Peter Thorkelson ly Yours, B (:j SURVEYING & ENGINEERING CO. .\linnc1onk;1. MN .5').t5 rhonc(612) 47.t 796-' F::1., (612)-17-' 8267 :TE, BILL & MAXINE TIIORKELSON J1)')9 DRAFTED: April JO, 1999 JN: S/a• ifOft, lo..rod ~• I' I I I \ \ ,11·1 ...... ,_.,~ ,-----------------I -,,. ~-J I I I r01.JNO (JISnNC 11'(!1_.R Oj4 (HI ofllv•c-_. /~ \ () I-- I I I FOUNO CX: ll(DAR :ilon o(Loc E Morse bl.:and Parlc::md Lot6.ind lhc South H.alCoflot 7. Morse bl:lnJ P.:ark SccondAJJition. HcMcpin Couoty, I. I I I I I lJQO V "ea·Ja·,,. t --1:,0ll-• N, Un1 ,r 'S 1/'l. •' t.ot 7 '-c ::i <( :md direction or bound.:ary lines of the above lcg.:al dc:saiplioa. The :,,cs ~ indude dctcnnining wh:11 you own. which is • lcpl m:mcr. d,:scription wi1h your ~ords or consult wi1h compctcn1 lcg:31 ,:ounscl. .ire th:u if is cornet. aod 1h:11 any m.ancrs of record.such as cuc:mc:nU, lb,u .: iur,.·cy, luvc been shown. ,11 lJ{ existing impro\·cmcnts we deemed imporunL 1c:ns or vcrifyin1 old moaumcnu lo m:uk 1hc comm of the propcny. I I .< 1' \ I>~ --- __ -(..;)--------;,- £_ fOlJNO [XIS 11(8-'ft n·I!)· and ubufaring: on Ciry ronns. h::ird cover .aod arc:i of 1hc loc for your rc,icw and for the n::vicw of such governmental agencies un O\"C:r hud cover requirements. ~ I I:?~ ,g ~ () () L,J (,') llS & CONVENTIONS: Pipe wilh plastic plus boring St31c license Number 921S, scr. unless olhcrwise nolcd. CR.IPIIIC SCALE 1:~ ~ w, I ~ ds sun:cy wis prepared by me or under my din:cl supervision and th:ll I ::im :er Jnd .a Proftssion:ll Surveyor under the Laws of the S1::ne or Minneso1:1. ~-~~ i j IOI 11:rr I ltncll•ZO n. I ~ I ss I SI,, I ' / LGk,. & r.s. No. 92H ,;a· 1r°"'· found l ~ Js!7, ,· ~-~: I I~ ~ I "' ------31.143 so. FT.--....... < ( . ~7 J ::: "· - I I {\,-h . I I L. 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Box 66 b 2750 Kelley Parkway Orono,· MN· 55356 Crystal Bay, MN 55323-0066 April 19, 1999 Willmar L. Thorkelson 4851 Dawnview Terrace Golden Valley, Minnesota 55422 Re: Work without Permit -440 Big Island, Orono, :MN Dear Mr. Thorkelson: It has come to the attention of this department that you have recently constructed a cabin on your property at 440 Big Island in Orono. This letter is to notify you that the City requires building permits for the construction of buildings. Therefore, the City must require you to remove the building or submit a building permit application along with building plans, a survey showing the location of the building and hardcover_ calculations. A review \.vill be done and if found to be in compliance with building and zoning codes, a permit can be issued. A deadline of May 3, 1999 has been established for submittals. If this deadline is not met, the City will initiate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, !fo~ Building Official LO/ch Enc. Permit Application Hardcover \Vorksheet cc: Bruce Vang, Field Inspector Michael P. Gaffron, Senior Planning Coordinator Paul Weinberger, Asst. Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 D CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 August 8, 2000 Willmar Thorkelson 4851 Dawn view Terrace Golden Valley, MN 55422 Re: 440 Big Island Dear Mr. Thorkelson: On 5-5-99 this office received an After the fact building permit application for a shed that was constructed on your property on Big Island. The permit cannot be issued for the shed in its present location. A 30' setback is required from the side property line along Moslin Avenue. One comer of the building would be required to be moved 6.28 feet further away from the property line. The City must require you to obtain a permit and move the shed to meet the setback or to remove the shed from the property. A deadline of 9-1-00 has been established for compliance. If you have any questions please feel free to contact me at my office. Sincerely, dt,~ Lyle Oman Building OfficiaJ . LO/hs Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us ~-----·----------r3 .... ------~ -T ---~ :JJ :;;;;, 3 -'= fv/- -0 I ~-; I : . ' : .J_ I !,, ..... . ,,,_ 0 ! f i i ' -C) ' -ri V) ,- r, 0 p. 0 rv ,- _c (-l ;o ' -!:\-_ -0 ..... r II ....._ ► ... :z. T -J::::: tv,-... "-' -..J f\'J-_ ---0 .. . ·-N :.c- ,-0! Oi () i '11 n! ~i ..L.' /"("' I II 0 o- G i ~ ···(]) ·-·o -rJ r--0 ,-0 'l'"J -1 -0 z 0 -!-(i) ..._ ::,-v Ll.) ,-- V\ > ? ~ e -©-·· 0 C• O(> -~{tjp_ Q_ ~-,!i~ -,. ·-,~~ 3 .... 'j ~ .. ~ 't, 't\$.'" ' . . !i :~\ (~ • =·!~!)€ft. ~ ,.f~!~~~~-\:% :::,- Q_ -~l.,~J © 0 ~ • ,., .• ,' <::!JI 0 .,,.,~. ·• .... ..... .;"'~~ Q._ ~~~ \ . ~(. {"\ n ;t \.·. -~ ~ l_~J - 4 .::::, ;}- , (.Q "'") ci. ,;:, :) ~ + II~. OCC • Ji.I, COO If + + ""· $"'1 JI + + G ~ __s:_ \\ J ~ 0 ~ · .. 7 ' • t.. ..... , ..... ~ • ••• • .. ·- CITY OF ORONO ~ 6124730510 08/01/97 13:02 BJ :03/04 N0:998 HARDCOVER CALCULATION WORKSHEET ,~ SETBACK ZONE: (CIRCLE ONE) @ '7s..~o· 2!0-500' 500.1000' £~SIItl~· lidBl2s;;QDB ~ ZQID.i S3 A. House " -S.F, l...e1\g1h Width X ,. S,F, X ""' S.F. ~ = S.F, B. Glli'age X -S.F. c. Drlveway X "" S.F. X .. S.F. D. Sidewalk X -. S.F. X ... S.F. E. Patlo/Oeclc X -S.F. X .. S,F, F. Landlcape it = S.F. Underlain X ... S.P. By P1amc X ... S.F. 0. Other X = S.F. TOT AL HARDCOVER IN ZONE S3 S,F. A TOTAL PROPERTY AREA IN ZONE ::1 :J ~ '= S.F. B A _ _5':;) + 8 7 't<[C,, X 100 -= oA:r % :f:BQeQSEll HARDCQYEB IN ZONE A. Howe X = S.F. LeJ1ilfl Wldth X = S.F. X "" S.F. X -S.F. B. Garage X -S,F. C. Driveway X = S,P. X -S.F, D. Sidewlllk X = S.F. X ZI S.F. E. Patio/Deck X = S.F. X ... S.F, F. Landscape X = S.F. Underlain X ... S,F. By Plastic X = S.F. G. Other ,: -S.F. ·TOTAL HARDCOVER lN ZONE S.F. A TOTAL PROPERTY ~A IN zo~ S,F. B A + B X 100 = % 13 HARDCOVER CALCULATION WORKSHEET ,£TBACK ZONE: (CIRCLE ONE} EXISTIN'G TIARDCOVER IN ZOiVE A. House S~e.d Le:igt!l 0 u-\- -"; \, e:::¢.. B. Garage c. Drivew;:iy D. SldewaL~ E. Pacio/Deck F. Laodscspe Under!ai.a Sy Plastic G. Other 0-75' ;i:: ;i.: :c X ;i.: ;i.: X ;i.: X. X. X X ;r: X X TOTAL HARDCOVER IN ZONE 8 25-500' = Widdl = = = = = = = = = = TOTAL PROPERTY AREA IN ZONE O t.:'I c:'-- A ';)7c -=-B _l..l_~_.::> __ ;; 100 ..,, PROPOSED IiARDCOVER TN ZQi'TE A. House X = L.ength Wid~ :,; == X = ~ = B. Ga..r;ige ;,::. = C. Driveway X = ;t = D. Sidewalk. X = ;i:: ::: ·E. Patio/Deck X = ;t =< f. I..alldscape ;t = UnderJ:tln }I. == By Plastic :;t = G. Other ;;c = TOTAL HARDCOVER IN ZONE TOTAL P.ROPERTY AREA h"( ZONE A -;-B ,:.100 :::: ·~ ... ~,__,.. 500-100-0' 8~ S S.F. l l s S.F. 2-2 S.F. S.F. S.F. S.F. S.F. S.r. S.F. S.F. ---S.F. S.F. S.F. S.F. S.F. ~72... S.F. A 6fY::::>c_S.F; · B ~-I % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B ~ IiAR.DCOVER CALCULATION WORKSEEET 1ETBACK ZONE: (CIRCLE ONE} EXJSTING TIA.RDCOVER IN ZONE A. House B. Ga.rage C. Driveway D. Sidewalk E. Patio/Deck F. Landsc~pe UnderI.tla By Plastic G. Other 0-15' X X X X X X X TOT AL HARDCOVER IN ZONE 75-2.50' ~ ~ = = = === = = = TOTAL PROPERTY AREA IN ZONE • A 7., f ~ -:-B ~ L \£\;) A 100 "" PROPOSED HARDCOVER rN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Pacio/Deck F. La:cd.scape Underlain By Plastic G. Other. ungth X X ;c X. ;t X X 1"0TAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE = Width. = = === = = == = = = = = = A -----+ .B _____ x100 ,,;: 500-1000' S.F. ?....78 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ---·-S.F. S.F. S.F. S.F. S.F. S.F. '27~ . S.F. A ~'L \:\-3 S.F. B 0,:) % S.F. S.F. S.F. S.F. S.F, S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. s.F. S.F. S.F. A S.F. B % i 12. BILL & t-.L~'\:INE THORKELSON SURVEYING & ENGINEERING CO. :,.rinnetonka. MN 553-iS Phone (612) 47"' 7964 Fa.,: (612) 47.J 8267 ~TE, BILL & 11'/AXJNE THORKELSON Jlll)9 ~ Apri!JO. 1999 IN: ,;e· iron. louna-----------.,, I' I I I \ ~J._go :s;a• ,rcn, louna ,----------------- 1 __________ --, I _ I I /~ L:: I 11 ~~~~ r•sTINC \ C) I I ,, ... ;;;:;.;"' --I N aa•Ja'11· E f--__ ,,o.13--I l.. F'0UN0 tx;:. REB.-.R :bion of Lot E Morse Island Parle .ind Lot 6 .ind the South Half of Lot 7, Morse Island Park Second Addition., Hennepin County, I I I I I V N. line ol S t/2 of Lot 7 CJ <( .-.nd direction of boundary lines of the above legal descriprioa. The !~1~ !!2! in..:lude determining what you own, which is :i Jcg:il matter. d.-scription with your records or consult with competent legal ,:ounsel. ,1r.: tlut it is correct, aod that any m;itters of record, such as easemc;nts, that .: ~1.1.C'\-·ey, have b<een shown. .u <Jf e."tisting improvements we deemed imporunt 1e:its or verifying old monuments to mark the comers of the property. I I .< , G, v' l"OUN0 EXIS": RE'.6.-.R -C...2)--- -------7 L_ r•.:y and ttbul.iring on City forms, hard cover and area of the lot for your re1,iew and for the review of such govemmenti.l agencies un over hard cover requirements. ~ I I'~ It~ ~ () C) L,J (/) )tS & cm..-vENTI0?-1S: pip,: with pfastic plug bearing State License Number 9235. set, unless otherwise noted. :is sur.·ey was prepared by me or under my direct supervision ::u,d that I nm :er Jnd a Professional Surveyor under the Laws of the State of Minnesota. 1A.. & P .S. No. 9235 SHORS:LINE ON APRIL 27TH 1999, LAKE EU:VATICN 9:!:9.C& ~ i!-a1 ~l ~ ~ ~l "-itl ~1 l,l:il ~ Q) i1 ~ ~ §1 r;.i1 !la:11 ~ i!ail GR.\PH[C SCALE ~~ j (tHJU;r) lincb•~ n. ~,., 170 ·~ '-i: ~ ~ ~ ~ ·1 \ . ' -~.li 2J.72 ~ :¥~/0 % ' u.. Q ' / u / _::_ ~~ ...... ,,.,,. ·"'": I I I I I I I I I I I I I'-,,.., I n-r L.V I lJ:; ~~ <l :I FT.:-~ h '-..,I :5/a• iron. round I NO:.·.,·w -----.-----:. ==~:-. ____ _ JJ.oo 5/e" !ron, rOllnd Set t/2• iron, 9235 ec:p on tin• :u re•t NE of SE line Mci,,~iolt A ...... Htabliahf!dciscle=acrlbcd hcrr.on Cl"<I cin tine 3:S I f<tcrt Eo,t of Hne betwccrn Ci -7 L_ <( I Set 1;2• Iron. 92.35 ecp found ;,ct, on Wc,t line :l.r A ( c::,-A at 1&-'.5 lcct ?.,. plot Mciuoso!11/"· r•1•· "'"· ''""' .fl::tr.l,_, Jr.t'S0.£.7"' A T?Z:, •om ,;,· '"" ,~"' " .J f -2e-,._ --~ /..-Y.L.:,. ! ~.:.•\: .. :: ~~;!'•1 S F'.:-u11d 1;2· 1rcin, 1,04 (-✓ f N8:5;:i:;•40• w ,"[, ,, 65 • _ .., !rou found to North. l ~ \ NE of true c:cim..-. sel ./ ) :\\ ' -0940 w ,;,· 92.J:5 copped 112· -- I -------'•.::••o,·25=:-=-:_ ______ _J ___ .:.__J ,t, iron JJ fHt NE of . ·-, ,,;_;:S.t;, ;::.'.lne~t~,::o:~t 7$ I I\ .... _, i _, -~~~:. :r::~:p~~~;:d~ ~, ...._ -~ I ),, ' , ...... ,. .. :s.,. ~ C •, /' , •. ,, · I \...' (> ,, ~-~·e .-<£,.,;:... ) . s Set 92.35 capped Iron plot distance of Iron to SW en<: ll11eforfoundlr=r N~ 6.3· 3 so. FT. L/\)/, , ~ L 1 • I v ",-.., ...._ "7'~ ( _. ' 4 ,f (' -.._ -..._ Q I •O.; / /1.,/ i '/t....;, ...._ '<'"""' ~.,, .,;••~"' i....,..z..' I t' , s, ..,,., ,~• -'.... \.._) / ;,. --..::::, ~-""'=;: ', .. .s .. :S,1. /1.._, G<Y1' ' --·:~:._or/tr•e rolu;~f;; \.._\ I -ci 11 ;r:FQUnd: 5;e• 1rOl'I -..,::: ~ • t..,,,,,..__"1 lj / [,,,/I ~ '-.O.J!NEoflln• ,:•,,o· I I,-.., ;C'\o 2'0' I I· I 1 \...'/ 1 ...._ -l,-, I '--' ~ 1....,..-1 ,...._ I /••.J / l,, / "'-., /Found J/4• lran ,,,.,-1......_ "l '-¥ I ii; 1,..-I.._,.~(', ; I / <.0>-- 1 ,JQB NO. 99 F~OM WES'!' PHOTC GabrielE.Jabbour October 9 , 2000 Waldron Law Offices, [_TD . John B. Waldron 1951 Concoria Street · Wayzata, MN 55391-9320 9e 5 T MK Ql'm Road Leng ~k<:, Mlnne:;o!B 55356 Phone: ij5 2 -471 ·926S FAX: 957..4 71, 7735 Re: Variance Application of Willmar Thorkelson 440 Big Island, City of Orono Dear Mr. Waldron: As a.n adjacent property owner, I am writing to express my support for your.requested variance. I walked the site personally this past weekend . There is no . reason to apply the setback to Big Island that the city applies to the roads on the mainiand, s ince the "roads" on the island are nethsrtraveled or used. Sincerely , -·-.·--,~~--\ ~--~ ·,., __ _ · Gabriel E. Jabbour ' ~3-111 ~3-@ 320.76 B (3) nw ) ... . . ~ .. ; .: ...... : .• ., :.·:· .. .. , . . e, ·· ... ~~ --"-; -·--v· \JI . --.. · . . i ~ • ! •J ,. f . .. _: .. :. :.· .... I . .. ~ .· : ' . , • . . -·. r J~< ,,,,,- . -~ .------- 0 0 t0 - :: ( Gale ( bland l .. --c Point - Charm inl \. .4 J. P oforli/'' Comfort ¥ RUN DATE 09/15/00 BATCH 505 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER · NAME/ADDR PROP ADDR OWNER NAME 38 23-117-23 32 0002 00460 BIG ISLAND NANCY L FARNES· NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0037 00370 BIG ISLAND GWENDOLYN S LARSON ETAL GWENDOLYN S LARSON 6500 JAMES AVES RICHFIELD MN 55423 38 23-117-23 32 0047 00310 BIG ISLAND . NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0067 00430 BIG ISLAND ELIZABETH ANN BRENNAN TIMOTHY C LOVETT 19400 STATE HWY NO 7 EXCELSIOR MN 55331 t . TAXPAYER TOTAL BATCH 505 00012 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 32 0010 00460 ·BIG ISLAND NANCY l FARNES NANCY l FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 00038 ADDRES~ UNASSIGNED VIVIAN J NELSON ETAL VIVIAN J NELSON 1925 SHENANDOAH CT flB PLYMOUTH MN 55447 38 23-117-23 32 0063 00420 BIG ISLAND MB FRUEH & RH FRUEH · MICHAEL FRUEH 9911 13TH AVE N MPLS MN 55441 38 23-117-23 32 0070 00450 BIG ISLAND GABRIELE JABBOUR W OF MINNETONKA INC 21 UNIVERSITY AVE NE MPLS MN 55413 N ·'"' ·~,;,;L.{, . I :, ~:;_~t~.:~,~:~'A· 1f.} // REPORT NO. PI435401 PAGE 15 38 23-117-23 32 0011 00460 BIG ISLAND NANCY l FARNES NANCY l FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0046 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0065 00410 BIG ISLAND RICHARD W FRUEN ET Al GREGORY B O'CONNOR 1925 86TH ST W UPPER INVER GROVE HEIGHTS MN 55077 38 23-117-23 32 0071 00440 BIG ISLAND W. L & PA THORKELSON W l & PA THORKELSON 4851 DAWNVIEW TER GOLDEN VALLEY MN . 55422 (~~)) .,;,:,•"•' ,1. l~, ... ...,_.Y, ,."~ ~/: ~."":!' -:) .. •,\. ·,. :.:.!• ~:~·~4.,~ <J) ,,. J .. :..,·.·,... . 6i~-' f"::/\:1} l'.t Jj'i !J (!'~ . .,. /.'-;;, ~ .~ WALDRON LAW OFFICES, LTD. TELEPHONE (952) 471-0940 FAX (952) 471-8859 Mr. Paul Weinberger Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 JOHN B. WALDRON ATTORNEY AT LAW 1951 CONCORDIA STREET WAYZATA, MINNESOTA55391-9320 October 11, 2000 Re: Variance Application of Willmar Thorkelson Application No. 2627 Dear Mr. Weinberger: email jlw@quixnet.net website www .lawyers.com/waldron I am enclosing herewith the originals of the following documents regarding the above application, previously sent to you on October 9, 2000: 1. Letter from adjacent property owner and Mayor Gabriel E. Jabbour, in support of the variance application; and 2. Adjacent Property Owners' Acknowledgment Form signed by Gabriel E. Jabbour. Enclosures Real Property Law Specialist, certified by the Minnesota State Bar Association Adjacent Property Owners' Acknowledgement Form --- I (we) 1..,.:=;;:f1 ~t:,'c. / ~Q bb av1 V (prin name(s)] or qf~ '7ot1 ICt1-wtt tel . [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4 4 o Bi g I s la O d also referred to as Land Use Application No. 2 6 2 7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans arid that the proposed neighbor's project or use requires Council approval. /r.?-I I -ocJ Date Property Owner Date ****************************************************************************** I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 8 WALDRON LAW OFFICES, LTD. TELEPHONE (952) 471-0940 FAX (952) 471-8859 JOHN B. WALDRON ATTORNEY AT LAW 1951 CONCORDIA STREET WAYZATA, MINNESOTA 55391-9320 October 9, 2000 Mr. Paul Weinberger Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Application of Willmar Thorkelson Application No. 2627 Dear Mr. Weinberger: ,, 1 1 ? 2nno. ...... , , r Ji-OR "() email jlw@quixnet.net website www.lawyers.com/waldron I am enclosing herewith the following documents regarding the above application: 1. Letter from adjacent property owner and Mayor Gabriel E. Jabbour, in support of the variance application; 2. Adjacent Property Owners' Acknowledgment Form signed by Gabriel E. Jabbour; and 3. Data Privacy Advisory signed by Willmar Thorkelson. V y truly ymJ L_ J hn B. Waldron Enclosures cc: Willmar and Maxine Thorkelson Real Property Law Specialist, certified by the Minnesota State Bar Association FROM WEST PHOTO (MON ) 10. og · 00 1G :42 /f3T. 10 :26 /NO . 35:30 91 20 '.25 F Adjacent Property Owners' Acknowledgement Form · [ (we) ~ ~,:,'c./ ~~J;.6 4•<1 V [prin nani.e(s)] _ of qf'~ 7otJl(l4vJn-tc/, (print address] hav~ reviewed the plans for the proposed improvement or proposed use of the property located at ; 4 4 o Big I sj_a_l'.Lli_ also referred to as Land Use Application No-2 6 2 7 . ; I (we) understand that in ex:ecuting this acknowledgement, I (we) am (are) not asked to de~l.are approval or disapproval of the property or l..l.5e but merely to confirm for the City Council the.t I (we) am (are) aware of the improvement pl.ans artd that the proposed ne i ghbor13 proj ect or use requires Council. approval. ,· II c,c)· I(!)-,,.. . D::ue Propercy Owner Date I (we) _____________ of ___________ _ [pnnt name(s)] [print addres s J have reviewed the plans for the proposed improvement or proposed use of the property located at ! also referred to as Land Use Application No _____ . : I (we) understand th at in executing this acknowledgement, I (we) 3m. (are) not asked to de~l.are· approval or disapproval of the property or. u~e bnt merely to con.fim1 for the City C ounci l that 1 (we) ant (are) aware of the impruvcmcnr pl11ns and that the p roposed t1cigbbor's pn."..f ect or use rc~uiret1 Cou.ncil approval. I Date Pr.~~peny Owner Date: ' , If you have an.y information th.1t may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior w the scheduled meeting date . 8 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd . 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: i. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4 . If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. W '1 JI mg t: First Middle Last Address Mi vi vi ·e t:'\._d2 o I; ...s. City /VIN State 55'-/d.2. 7t ~ 'i;J?-;zLJ'P~ Zip Phone Signature Telephone (612) 249-4600 • Fax (612) 249-4616 9 SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored . data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be infom1ed of the content and meaning of that data. After an individual has been shown the private data and infom1ed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data ·upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in. dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2627 , as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of OCTOBER, 2000. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, October 16, 2000, beginning at 6:30 p.m. on the matter-of reviewing the following land use applications: 1. #2571 2. #2614 . , _,.. __ -, .. f~ ~:::...··-ff7:620 4. #2622 5. #2623 6. #2624 7. #2625 Doug Ault and Jim Ginther, 2739 Shadywood Road, requests an after-the- fact variance to allow an expansion of the existing parking area to accommodate two parking spaces constituting hardcover within 75' of the OHWL (929.4') of Lake Minnetonka for a lot used for mooring of two boats. Joe and Sue Haus, 4485 Bayside Road, request a variance to permit an existing detached garage to remain on the property 2' from the north property line, closer to the property line than a new residential structure . Paul Pascuzzi, 3320 Navarre Lane, requests an after-the-fact variance to permit a storage shed to remain on the property. The shed has been constructed on a property line and within a front yard, where accessory structures are required to be located at a minimum setback to the principal residence. Gina Kosek, 1875 Shadywood · Road, requests variances to permit construction of a deck within the 75' lakeshore setback where no structures are permitted. Greg and Michelle Walsh, 1926 Fagerness Point Road, requests variances to permit new construction of a residence on an undersized lot 8,018 s.f. in area where 21,780 s.f. is required, 20' from the front property line where 30' is required, 30' from the lakeshore of Lake Minnetonka where 75' is required, and to permit.hardcover and structure within 75' of the lakeshore. Roger Olsen, 815 Partenwood Road, requests renewal variances for lakeshore setback, and hardcover in the 0-75' setback to remodel and expand an existing residence. Morgan K. Nelson, 3145 Jamestown Road, requests variances to permit construction of an above ground pool encroaching 30' into the average lakeshore setback and within the 150' structure setback to Lake Classen. -c-, ---... 8. #2626 9. #2627 10 . #2628 11. #2629 12. #2630 .. ... ....._ -.. ·~;,_:;;;::,;_:.,.__ William B. and Lynne M.L..Peterson, 420 Orchard Park Road, requests variances to permit constructiort""of a new residence on a 4.8 acre lot where 5 acres is the minimum lot size for new construction, and vacation of a public right-of-way. Willmar L. Thorkelson, 440 Big Island, requests an after-the-fact variance to permit an accessory building to remain on the property 23' · from the · property line to an undeveloped right-of-way where 30' is required. Roger Anderson, 2200 Shadywood Road, requests a lot width variance to permit a new residence to be constructed on a property 52' wide at the required structure setback from the lakeshore where 100' is required. Keith Nord, 1245 Lakeview Avenue, requests variances to permit a re~idential addition within a required 1 O' side yard setback and vacation of a portion of an undeveloped public right-of-way. Gregg and Stephanie Larsen, 1380 Rest Point Road, requests variances and a conditional use permit to replace deteriorating retaining walls within 75' of the lakeshore of Lake Minnetonka with boulder retaining walls constituting replacement of hardcover and structure within the lakeshore setback. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and shall be submitted to the City of Orono by October 11, 2000. Plans are available in the City Offices . For an appointment, please call (952) 249-4600. City of Orono By : Planning Commission Paul Weinberger, Zoning Administrator/Planner To be published the week of September 30, 2000 .. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, October 16, 2000 beginning at 6:30 p.m. on the matter of re.viewing the following land use applications: 1. #2571 Doug Ault and Jim Ginther, 2739 Shadywood Road, requests an after- the-fact variance to allow an expansion of the existing parking area to accommodate two parking spaces constituting hardcov~r within · 75' of the OHWL (929.4') of Lake Minnetonka for a lot used for mooring of two boats.".\ .... · .\.,;t~ ~M II i}~;,;Ube i?;li~ H tlr1:fi''~ :;.13· "~~·,-J?f).?u,1''J"ife•f{!(9a"'"!ie•:afm'i · .. ays,,11 .. -~aQ.n,ti ..... :l .. r,~y .· .. ll.P .. 1. an existing detached garage to ·remain 6n the property 2' from the north property line, closer to the property line than a new residential structure . . 3. #2620 Paul Pascuzzi, 3320 Navarre Lane, requests ,an after-the-fact variance to permit a storage shed to remain on the property. The shed has been constructed on a property line and within a front yard, where accessory structures are required to be located at a minimum setback to the principal residence. 4. · #~622 Gina Kosek, 1875 Shadywood Road, requests variances to , permit construction of a deck within the 75' lakeshore setback where no structures are permitted. · 5. #2623 Greg and Michelle Walsh, 1926 Fagerness Point Road, requests variances to permit new construction of a residence on an undersized lot 8,018 s.f. in area where 21,780 s.f. is required; 20' from the front property line where 30' is required; 30' from the lakeshore of Lake Minnetonka where 75' is required, and· to permit hardcover and structure within 75' of the lakeshore. 6. #2624 Roger Olsen, 815 Partenwood Road, requests renewal variances for lakeshore setback, and hardcover in the 0-75' setback to remodel and expand an existing residence. 7. #2625 Morgan K. Nelson, 3145 Jamestown Road, requests variances to permit construction of an above ground pool encroaching 30' into the average lakeshore setback and within the 150' structure setback to Lake Classen. a.· #2626 William B. and Lynne M.L. Peterson 420 Orchard Park Road, requests ~ariances to permit construction of a · n,:m, ,a~irfonr,o nn !'I .d. R :lr.(A Int WhAtP. 5 acres -, ,,~. '.,•\ Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the ·publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended . B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 30th day of __ s_e-=-p_t_e_m_b_e_r __ 200 O , and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 20_; ~t!e__ Authorized Agent Suscribed and sworn to me on this 30thday of J September , 20 00. /~;//;; Ill c... RUN DATE 09/15/00 C BATCH SOS 38 23-117-23 32 0002 C PROP ADDR 00460 BIG ISLAND OWNER NAME NANCY L FARNES ' TAXPAYER NANCY L FARNES NAME/ADDR 2710 FOXGATE DR ~ MINNETONKA MN 55305 38 23-117-23 32 0037 PROP ADDR 00370 BIG ISLAND OWNER NAME GWENDOLYN S LARSON ETAL TAXPAYER GWENDOLYN S LARSON c.· NAME/ADDR 6500 JAMES AVES RICHFIELD HN 55423 c... · 38 23-117-23 32 0047 PROP ADDR 00310 BIG ISLAND OWNER NAME NANCY LEE FARNES TAXPAYER NANCY LEE FARNES NAHE/ADDR 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0067 PROP ADDR 00430 BIG ISLAND OWNER NAME ELIZABETH ANN BRENNAN TAXPAYER -TIMOTHY C LOVETT NAME/ADDR 19400 STATE HWY NO 7 EXCELSIOR MN 55331 C ~ c.. PROP ADDR OWNER NAME TAXPAYER TOTAL BATCH 505 00012 NAME/ADDR C c.., C Ill HE~NEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 23-117-23 32 0010 00460 ·BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0044 00038 ADDRESS UNASSIGNED VIVIAN J NELSON ETAL VIVIAN J NELSON 1925 SHENANDOAH CT •B PLYMOUTH MN 55447 38 23-117-23 32 0063 00420 BIG ISLAND H B.FRUEN & RH FRUEN ' MICHAEL FRUEN 9911 13TH AVE N MPLS MN 55441 38 23-117-23 32 0070 00450 BIG ISLAND GABRIELE JABBOUR W OF MINNETONKA INC 21 UNIVERSITY AVE NE MPLS HN 55413 REPORT NO. PI43S401 PAGE 15 38 23-117-23 32 0011 00460 BIG ISLAND NANCY L FARNES NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0046 00310 BIG ISLAND NANCY LEE FARNES NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0065 00410 BIG ISLAND RICHARD W FRUEN ET AL GREGORY B O'CONNOR 1925 86TH ST W UPPER INVER GROVE HEIGHTS MN 55077 38 23-117-23 32 0071 00440 BIG ISLAND W.L & PA THORKELSON W L & PA THORKELSON 4851 DAWNVIEW TE~ GOLDEN VALLEY MN . 55422 ' .J :) ...) J ,~ ...J (_ C C c... C '- C c.., '-· C "- Ill Ill RUN DATE 09/15/00 BATCH 50,5 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 16 J CERTIFY THAT THE FACTS REPRESENTED ARE AN ~CCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO 1THE BEST OF HY KNOWLEDGE AND BELIEF. . · 4n~. 1 1 -~ n \ . . DATE q-1~~()]~ tua MJ!.JlU) ----------- :) :) _) ...J :; ....) :J :.> WALDRON LAW OFFICES, LTD. TELEPHONE (952) 471-0940 FAX (952) 471-8859 JOHN B. WALDRON ATTORNEY AT LAW 1951 CONCORDIA STREET WAYZATA, MINNESOTA 55391-9320 September 20, 2000 Mr. Paul Weinberger Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Variance Application of Willmar Thorkelson Dear Mr. Weinberger: email jlw@quixnet.net website www .lawyers.com/waldron HAND-DELIVERED It was a pleasure to meet with you last Friday. As we discussed, I am legal counsel for the Thorkelson family and I am now enclosing with this letter the following items regarding the above application: 1. City of Orono -Variance Application, with attached Exhibit A; 2. Applicant's check in the sum of $250.00 payable to the City of Orono; 3. Construction drawings for the storage shed in question; and 4. A photograph of the storage shed in question. I ordered the Certified Property Owners List the day of our meeting and will forward that to you as soon as it is received. From our discussion, it is my understanding that you already have the survey, and that a topographic survey is not necessary. Please let me know if there if anything else which would be helpful for this application. I would appreciate it if all further communications regarding this application be directed to my attention. Thank you. Enclosures cc: Willmar and Maxine Thorkelson Real Property Law Specialist, certified by the Minnesota State Bar Association / Mr. Lyle Oman City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 JESPERSON LAW OFFICE I O I 2 GRAIN ExCHANGE BUILDING 400 SOUTH FOURTH STREET MINNEAPOLIS, MINNESOTA 554 I 5 C6 I 2> 332-035 I May 5, 1999 Re: 440 Big Island, Orono, Minnesota Dear Mr. Oman: JOHN R. JESPERSON ATTORNEY AT LAW Enclosed as we discussed is the building permit application, hardcover worksheet and survey for the shed located on the Thorkelson property on Big Island. The hardcover worksheet was completed by the surveyor. Also enclosed are scale drawings of the structure that were prepared by Mr. Peter Thorkelson. As we discussed, the shed is intended for the storage of the Thorkelson's small ATV, lawn mowers, gardening supplies, supplies and tools. The interior of the structure is not finished. It does not contain any electrical fixtures, sinks or drains. A large door is located on the back of the shed, below which is located a ramp. This is the primary access into the structure for lawn mowers, tools and other gardening supplies. A screen porch is located on the front of the structure, to provide a sitting area during warm summer months, when the cabin (located near the lake shore) is too warm. I presume the appearance of the screen porch caused some confusion, as the building has the appearance of a small cabin. However, a further examination reveals the building is being used in a manner consistent with the intent stated on the permit application. Mr. Lyle Oman May 5, 1999 Page2 Please feel free to contact my office if you have any questions about the enclosed permit application, or if you require any additional information. JRJ:ii enc. cc: Mr. Willmar Thorkelson Mr. Peter Thorkelson L- PERMIT RECORD PERMIT NO. DATE TYPE OF PERMIT ~L/:;,:1 ' (h~d . . ;, .. . , □ ,0 □ □ □ □ □ □ Applicant: · Address: TRACKING SHEET FILE NO. q{oct] Staff: l\/.P/\¾ Pe--±t ThoYr~'[)@ . . 440 }?)(~o , 16\Qu'\o . Meeting with Staff: Date Application Completed: Cl -~o -oo Incomplete Notice Sent: Date Property Owners Notified: Date Legal Notice Published: PC Meeting(s): 10 -/(o -o o Notice of PC Action: 10 ---I·1 -oo City Council Meeting(s):. 10 -~:>-CO 1\-13 -00 D Resolution X:\APPS\WPWIN60\ WPDOCS\CAROLE\FORMS\TRKNG.SITT V\J I\ \ VY'{)){ 1h~ {(.cl'bOY\ l( ~ Z) ( D:ul)n \Jle-uSTirY- ~ \U ( ~ J I~ Eri--foB-- Zip ·: · ____ _ 60Day: /{-;)0 -00 Vote: 3-3 Vote: Vote: Vote: 3-o Ae e rov-ed . 5-o App roved -Ke&>lU-<h on · Vote: --=-·. Vote: