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Home My WebLink AboutProject PacketCITY OF ORONO, MINNESOTA Conditional Use and Variance Application LOCATION OF PROPOSAL (or property) TYPE OF REpUFSf Address Big Island, City of Orono Legal Description S1/2 Section 23. T117. R23 _ APPLICANT Conditional Use Variance Wetlands Variance Name George V. Hanson Phone M Riprap Address 10171 Victoria Avenue, Riverside, CA 92503 011NER Name George V. Hanson Phone M Address 10171 Victoria Avenue, Riverside, CA 92503 Present Zoning kR - 1A . / Present Use 4 6 .5_ Zoning Ordinance Section Relating to Request 3Y. 3 7a Specify Ordinance Requirements #W" , 2 4C,��cs Fee FOR OFFICIAL USE ONLY Council Action Date Approved Denied s g_ c r - w107m SCOT f$r0,4ck- 30 � i�oluTr-��'.fiQ fSTBACIC - jo �t ��i%f SE7fje,4-_ 75 Explain Request Relative to Requirements 43' setback from high water line rather than 50'. This would allow a more aesthetic approach to siting a new residence in relationship to the westerly sloe providing a rare pleasing view of the structure. Extent of Non -conformity a setback of 43' rather than the 50' requested fran the high water lino. Hardships to Property (Your reasons for requesting this Variance or Conditional Use Permit) The oviyinal buildino which was located 31' fran the high water line was destroyed by fire. This proposal represents a reasonable approach to rebuildina a residence on t-e same parcel of land which will not extend an irrational distance into the setback and yet provide a pleasing cross-section to the westerly slope. MATERIAL NECESSARY FOR COMPLETE APPLICATION Must be submitted 1 week prior to Council Meeting) 1. Application completed 4. Certified Property Owner's List of 2. Plat Map Section owners within (300 ft.) (150 ft.) - 3. Survey (Sketch in proposal) from Hennepin County Registrar of Deeds 5. $30.00 Fee Date Signature 1. Material sutrmitted complete minimum of one vreek prior to any regularly scheduled Council fleeting. 2. Entered into Agenda of following regularly scheduled Council fleeting for referral to the Planning Commission for their recatmendation. 3. Presented to the Planning Commission for reccamendation at the following regularly scheduled meeting and entered into the minutes. 4. Minutes of action of previous m-eting presented back to Planning Commission for approval to ascertain official status. 5. Returned to Council for final action. council meets 2nd and 4th Abnday of each month (Eccluding Holidays) Planning Crn ssion iieets 1st and 3rd Macluding Holidays) Proposals requiring Public Hearings may be detained for time rewired in publishing notices. Thtal tune required without Public Hearing -• approximately five weeks. Exle Schedule laterial Sutmitted prior to ibvesnber 3, 1975 1. Council referral - November 10, 1975 2. Planning Commission Acticn - November 17, 1975 3. Planning Conmission Approval of i linutes - December 2, 1975 4. Council Final Action - December 8, 1975 "`SR' DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 NAME .fin► t_r 1, PROPERTY OWNERS LIST ADDRESS v c , t L4L IUrll1, ,� 1 ,J; DESCRIPTION G'-7--&q(�,cL..:) 1l 8 n LOT I BLK.I PARCEL '7CX) /7& '7'70C2 7SG��9UV I � �- 1)8 � c �- Or I i z!.2 I corw; V-1 lit .. I t I 1' '! , t(, 4.m tl" cv .: * t , I-- smd tl4tv f, P ji n -S It P o t ,voris of It v1 V1, 1. ( 0. !, "W ,m OT M %oil b,vt. r ,50? 0- qoo -C) 5006 qo 00 %locoo -- IM RTANT MESSAGE FOR -DATE- _- r I M E___ _____._ ___ _ . _ .. P.:Vi M. WHILE OU WE E =AWAY PHONE No._ A49A CODE NUMOtk EMTfN1�ON� NED PLEASE CALL YOU WILL CALL AGAIN F YOU RUSH ED ALL L Emma oll MESSAGE SIGNED LITHO IN U • A. TOPS 3002•► ►O: Dick Henson, City :Administrator M- (7 : Hanl: `Viich, Zoniny, .Administrator '1:AT::. January 13, 1977 SU .MCF: George ; 4anson - B i !� Island Variance - Lot Area ''idth `street and l,al e ';ethacl. inclosed is a revised plan of a sirilar request rrnde last sinner. (otricil apnroved the previous proposal concentunlly. 7lrev adopted a resolution these variances (enclosed is a conv of this resolution). It seems "r. Hanson was not corrpleteIv 5atisfie;' witrr the original c mcent. 'The new proposal indicates a 41' lakeshore-,ethic) . This proposal will appear as a work se. ian item for t`-.e Planning C(r,T^i`:sion meetinf, of Januar-y 17, 111177. ?f you have anything �,ou mipl►t :0.1, let rrc l:noti; as it will ')e several weeks before coriins un to Council. This request will require rmrroxm l of snmc� of the other a.-Ic•nc ie. s as t're lal,e set' --rcl. will be less than PLANNING COMMISSION HEFTING - January 17, 1977 Mr. Wilensky, engineer representing applicant, was present. Recommended approval of revised proposal subject to applicant's agreement to conditions stipulated in resolution which include some property combinations and con:;ervation easements. ODUNCIL MITTING - January 24, 1977 Approved proposal subject to applicant's obtaining approval from M.WD and DNR. Adopted revised resolution of approval. MINUTES OF A PLANNING CCNVISSION MEETING HELD JANUARY 17, 1977 - PAGE 5 Members Pesek and Hosfield make up a committee to review PLATTING ORDINANCE the ordinance and to try and make it more compatible. niey will be studying the areas that they feel should be addressed such as current replatting, roads, utility easements, etc. The Planning Commission took action on the following work session item: Mr. Muhich presented revised plan of a similar request that was made last summer and conceptually approved by Council. Air. Hanson was not thoroughly satisfied with the original proposal. Revised plan ilidicates a lakeshore setback of 431. Mr. Steve Wilensky, the engineer from Brauer F, Associates was present. He stated that Mr. Hanson would like to move the location of the residence closer to the top of the hill so that there is not quite as much of an overhang. They felt the middle location as shown on the plans is a compromise. Commission felt this was a reason- able request because of the topography of the area. Dunlap moved, Pesek seconded, to accept the middle site plan indicating a 43' lakeshore a;tback subject to previous agreement and stipulations to include the com- bination of the south 30' of Lot 71 and Lot G, and a conservation easement on Lot 3 and the other strip as set forth inpr - ' ,.s resolution. Motion - Ayes (5), Nays (0). Jim McCleary arrived at 9:45 p.m. Commission informed him that this item had been discussed earlier and tabled, but that they would continue to discuss it at this time. The Zoning Administrator once again stated that j'4r. NL-Cleary's original request was to remove all existing structures and replace them with one new structure of equal aggregate area for continuing present use which includes a Conditional Use Permit for the serving of soup and sandwiches. In the meantime, the structure has burned down and the property has lost its legal, non -conforming use as more than 75% of the structure was destroyed. The only way to continue this use would be through rezoning or an amendment to the code. Stubbs Bay Marina is currently in a B-2 zone i:aiich permits the operation of a marina in this area, but does not allow for a restaurant. Mr. McCleary stated that Stubbs Bay Marina w.is an existing operation long before he purchased it and the zoning has changed sine- the original use. Commission was not in favor of rezoning. General feeling is that this could result in problems with other marinas and possibly generate more traffic. Also could he more problems with hardcover and generally set a precedent. Iv1iile the Planning Commmission was sympathetic with Mr. McCleary, they told him that fie is requesting something which is not per- mitted by our codes. GEORGE Hf NSON BIG ISLAND VARIANCE - LOT AREA f, LAKESHORE SETBACK (8221) JAt41ES McCLEARY 3445 BAYSIDE ROAD NON-CCNFOR�IING USE (#201) ORONO COUNCIL MEETING HELD JANUARY 24, 1977 Page 16 Dick Benson, City Administrator, stated that it TRANSFER is recommended that a transfer of funds be made Liquor Store Funds in the amount of $5,000 from the Liquor Story: Fund to the General Fund as per the 1976 Budqet Revenue Source. the total transfers from the Liquor Store Fund to the General Fund will then be $25,000 for the year 1976. Butler moved, Welsh seconded, to approve the transfer of �5,000 from the Liquor Store Fund to the General Fund. Lotion, Ayes (5) - Nays (0). Dick Benson, City Administrator, stated that it TRAIISFER is recommended that a transfer he made of $5,000 Sewer Operating from Sewer operating to the P.I.R. Fund as per Resolution #203 and Resolution 4343. Inasmuch as the $50,000 was originally transferred from the 63-64 LS-1 Constructio►, Fund to Sewer Operating Fund and then subsequently, the 63-64 LS-1 and 65 LS-1 construction funds were consolidated into the P.I.R. Fund. The $5,000 installment must be reimbursed to the P.I.R. Fund. The total repaid on the loan to date will then be $10,000. But_,r moved, Massengale seconded, to adopt RESOLUTION #750 Resolution #750, A Resolution Authorizing The Transfer Transfer Of Funds From Sewer Operating Fund To P.I.R. Fund. (lotion, Ayes (5) - Nays (0). RESOLUTION #750 WHEREAS, $50,000 was originally transferred from the 63-64LS-1 Construction Fund to Sewer Operating with the stipulation that the Sevrer Operating Fund reimburse the 63-64LS-1 Construction Fund in accordance with Resolution #283, and MILIMAS, the 63-64 LS-1 and 65 LS-1 were sub- sequently consolidated into the P.I.R. Fund in accordance with Resolution 03-13. NOTI, THEREFORE, BE IT RESOLVED that an installment of $5,000 be transferred from the Sewer Operating Fund to the P.I.R. Fund, effective December 31, 1976. iiotion, Ayes (5) - Mays (0). Henry Muhich, Building & Zoning Adminis~r,-tor, %"(JARIN'CE stated that George Harson, Dig Island, 1-resented Big Island a revised plan of a similar request made last 4221 Sumner. Council approved the previous proposal George Hanson conceptually. They adopted Resolution 0700 granting these variances. (Continued) ORONO COUNCIL MEETING HELD JANUARY 24, 1977 Page 17 It seems Mr. Hanson was not completely satisfied with the original concept. The new proposal indicates a 43' lakeshore setback. This request will require approval of some of the other agencies as the lake setback will bf, less than 501. Planning Commission Minutes - January 17, 1977 Mr. Wilensky, engineer representing applicant, was present. Recommended approval of revised proposal subject to applicant's agreement to conditions stipulated in resolution which include some property combinations and conservation easements. Mr. 11uhich continued by stating that the hardship is the contour of the land, that the building lines are within the 75' setback and there is no other land available. Iiayor Van :hest moved, Paurus seconded, to adopt Resolution #751, A Resolution To Amend Resolution #700 Granting Variance To George Hanson To Allow The Construction Of A Home On Big Island In The City Of Orono, per the Planninc• Commission recommendations including all original stipulations, title opinion, Piinnehaha Creek Watershed District, and the Department of Natural Resources approval. Motion, Ayes (5) - Nays (0) . VARIAI4CE Big Island (Continued) RESOLUTION #751 Big Island Henry 11uhich, Building 6 Zoning Administrator, SKI-TONKA presented to the City Council the chronology of 4680 Bayside Road events for Ski-Tonka, 4680 Payside Road as follows: 8--23-65 Public Hearing on ski area special use permit. 6-13-66 Special permit issued with restraints. 1966 Ski chalet construction. 1972 File shows problems with ski area usage including long list of minor police calls since 1967. 10-24-73 ordinance #154 (Chapter 69A) enacted to regulate ski area operation. 12-12-73 qualified safety inspection made - no east slopes included. 3-11-73 License issued for 1973-74 (expired 9-30-74) for original slopes onlv. 12-30-74 License issued for 1974-75 (expired 8-31-75) for Phase I only. 1975 Inspection reports show usage of eastern slopes. 12-15-75 Letter from City Attorney to Primus requesting overdue license application, threatening injunction and tagginy, noting ordinance requirements must be met. (Continued) 1XHA 0 e 9�g v f�S�Q� -�i � ,•1 Jfa!Npfy,N Sri.;. SHin LAKf MINNE T iNKa P.O. Box 387, Wayzata, Minnesota 55391 BOARD Of MANAGERS: y, lewrence E. K•!ley. Pros e H Da!* Palmatier • Albert L. Lehman • David H. Cochran • lumw S. F . s,.11 .'7a�+Y�MN�:+.+. MN.s1/�wla9/r•vwa«r...+�,ww+MWes•-e.aPwuNw�erawM+.war.w•.eP•e+warawr/1V-•.wY-rrWweel!•nw.utww.+r.. •h�pe�e.+'asU..�w..r�l�wlerl/q February 16, 1977 Mr. Steven Wilensky Brauer & Associates, Inc. 6440 Flying Cloud Drive Eden Prairie, Minnesota 55343 Re: Permit Application George Hanson - Orono Request for Lake Setback Variance Dear Mr. Wilensky: We rave received the subject permit application material. This will advise you that all Minnehaha Creek Watershed District applications in Orono must be submitted by the Ci., of Orono. We encourage the applicant to attend the Minnehaha Creek Watershed District Board meeting at which the application will be reviewed. However, correspondence regarding the application, and any permit resulting from it, will be through the City of Orono. Thank you for your cooperation. Sincerely, EUGENE A. HICKOK AND LSSOCIATES Engineers for the.District 'John A. Holmquist JAEi/cml cc: 1 43. Benson - Orono Telephone 473 7357 CITY of ORO NO Post Office Box 660Crpstal Ray, Minnesota 55323•Municipal Offices On the North Shure o/ Lake Minnetonka April 19, 1977 Mr. George 'lanson 240 Chester Street St. Paul, h,nnesota Re: Big '-land Residence Mr. Hanson: This letter is to advise you that the plan review has been completed for your proposed construction. However, prior to issuance of a permit, you must pro- vide the following: 1. Signed Resolution 07$1 per Council action an January 24, 1977. 2, Complete all requirements of Resolution #751 and provide same to City for review. 3. Provide engineering data on the septic system (either locate and describe the existing tanks and drainfield, or provide soils data and design for a new system). 4. Provide heat loss calculations and energy information as required by State Code. (This will be waived if you provide a signed statement certifying that no propane, oil or electric heating elements are to be installed.) Sincerely, P. Olson Asst. Zoning Administrator APO: be cc: Henry F. Muhich RESOLUTION #751 A RESOLUTION TO AMEND RESOLUTION NO. 700 GRANTING VARIANCE TO GEORGE HANSON TO ALLOW THE CONSTRUCTION OF A HOME ON BIG ISLAND IN THE CITY OF ORONO WHEREAS, George Hanson has applied for a variance to allow for the construction of a home at a point 43' from Lake Minnetonka on Big Island in the City of Orono, and WHEREAS, the Ci`.y of Orono is concerned about the effect of the granting of any variance on the watershed and the surrounding properties now and in the future, NOW, THEREFORE, BE IT RESOLVED: The City of Orono grants the variance to the 75 foot set- back and the hardcover regulations for the following reasons: 1. The applicant's home that was closer to the lake than this proposed home was recently destroyed by a fire. 2. Because of the topography of the area, there is no other place where this home could be placed to be built. 3. Because of the existence of a platted road bisecting the property, there is no place that this home could be placed other than at this present location except at a place even closer to the shores of Lake M,inetonka. 4. The applicant agrees to draft at his expense and provide to the City of Orono an open space easement over the remainder of his lot and the other platted lots (Lot 3) owned by him on the island and to provide to the City of Orono proof of ownership of the property and his right to grant such an easement to the City of Orono. 5. Combination of the south 30 feet of Lot 71 and all of Lot G. 6. Nothing in this resolution in any way imposes any liability or a duty to act upon the City of Orono concerning the development of this property. 7. This variance shall not go into effect until the applicant fulfills the provisions hereof and the Minnehaha Creek Watershed District and the Department of Natural Resources have approved to allow for construction on property as shown on plan dated January 22, 1976, incorporated herein. ..f i T, The foregoing resolution was adopted by the City Council of the City of Orono by a vote of S ayes and 0 nays on January 24, 1977. William B. Van Nest, Mayor ATTFST: alter s Clerk/Administrator I, George Hanson, have read the foregoing resolution and agree to the terms thereof and agree that the resolution may be filed in the chain of title to the above property and that said resolution shall be binding upon all subsequent purchasers of the property. I also hereby represent to the City that I am the fee ar�,-ner of this property and have the legal right to grant to the City an open space easement. G - rge 1 i on SubscX'bec� d swo before me this CL- '-aay of 1977. Notary Public % lf LANCE J. JOHNSON } •,F NOTAPT VUNUC. DA.uIA Cou jy, Ml, +. My Comm l.pfr.. Apr 12 197• I, Roy Ahern , personally, picked up the original Resolution #751, A Resolution to amend Resolution No. 700 granting variance to George Hanson to allow the construction of a home on big island in the City of Orono, on May 4, 1977 .i for signature. Roy Ahern M