HomeMy WebLinkAboutProject PacketAGENDA ITEM
Presenter:
1. Purpose. This application is regarding an after-the-fact variance to pennit a detached shed
constructed less than 10 feet from the principal structure.
2 . MN§lS.99 Application Deadline. The application was received on September 20 , 2017; it was
considered as complete on November 151• Therefore the 60-Day review period expires on
December 3P', 2017 .
3. Background . A pennit for the new home under construction on the property was issued in May,
2017. However, due to the remoteness of the Big Island property and winter weather
approaching, the applicant began construction on the 300 square foot shed prior to the issuance of
a building pennit this fall. The location of the shed is 6 . 7 feet from the principal structure where a
10-foot setback is required . Construction on the shed has been stopped.
4. Planning Commission Comment. On November 20111 , the Planning Commission held a public
hearing and reviewed the application. Following the public hearing the Commission voted 5 to 0
on a motion to approve the after-the-fact variance subject to issuance of a building permit
conditioned on compliance with Building and Fire Codes . The Commission noted that the 10 foot
setback require ment is mainly to address concerns with massing , and massing is not a concern due
to the island location of the lot, and the setback from the lake.
5. Public Comment. No comments from the public were received regarding this application.
6 . Staff Recommendation . Staff recommends approval.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution .
Exhibits
Exhibit A. Draft Resolution
Exhibit B . Plans + Survey
Exhibit C. Draft PC Minutes
Exhibit D. PC Staff Report
References
PC Exhibits 11/20/17 :
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C . Existing & Proposed Survey/Site Plan
Exhibit D . Proposed Plans and Elevations
Exhibit E. Submitted Hardcover Calculations
Exhibit F . Property Owners List
Exhibit G. Plat Map
Prepared By: l'Y1CC Revi ewed By : J . Barnhart Approved By :
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ---------
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-570 & 78-1438
FILE NO. 17-3980
Council
Exhibit A
#17-3980
WHEREAS, Shawn Wischmeier and Kelly Wischmeier, a married couple
(hereinafter the "Applicants"), are the owners of the property located at 540 Big Island and legally
described as:
Lots 1 to 10 inclusive including the adjoining vacated Elm Street and Maple
Place, also including the adjoining half of vacated Linden Street, all in Kate B.
Plummer's Subdivision of Lot 2, Kitchel's Subdivision of Government Lots 5 & 6,
Section 22, Township 117 N, Range 23 W., Hennepin County, Minnesota (hereinafter
the "Property");
WHEREAS, on September 20, 2017, the Applicants have made application to the
City of Orono for variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to
allow construction of a detached accessory building (hereinafter the "Garage") 6 . 7 feet from the
principal structure where a 10-foot separation is required; and
WHEREAS, on November 20, 2017, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on November 20, 2017, the Planning Commission recommended
approval of the variances; and
WHEREAS, on December 11, 2017, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3980. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
CITY OF ORON O
RESOLUTION OF THE CITY COUNCIL
NO. ---------
mentioned meetings , and any and all other materials distributed at these meetings are
hereby incorporated by reference .
2. The Property is located in the RS Seasonal Recreational Zoning District.
3. The Property contains 3 .2 acres in area and has a defined lot width in excess of 300 feet.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5 . Applicant has applied for the following variance[s]:
a . Building to Building Separation Variances
6. In considering this application for variances , the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
upon the health , safety and welfare of the community , existing and anticipated traffic
conditions , light and air, danger of fire , risk to the public safety , and the effect on values
of property in the surrounding area.
ANALYSIS :
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance .... " The construction of the Garage on the residential property
is consistent with the intent of the ordinance .
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances permitting the construction of the Garage with less
than a 10 foot separation from the home in a residential zone are consistent with the
Comprehensive Plan. Locating the Garage further and downslope from the home will
result in more tree removal and greater visibility of the Garage from the lake which is
inconsistent with the City 's goals for a natural looking lakeshore and the appearance of
open space.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying w ith the zoning ordinance. 'Practical difficulties ,' as used in
connection with the granting of a variance , means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The request to permit construction of the Garage within the 10 foot separation
between build ings appears to be reasonable as the size of the Garage footprint is
300 square feet and the resulting effect of the mass relating to the size of the
2
CITY OF ORONO
RESOLUTION OF THE CITY COUN CIL
N O. ---------
Property is minimal. The adjacent properties will not be adversely impacted , and
the location of the Garage is marginally visible from the lake. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location of the Garage was chosen due to the ability to limit visible impact from
the lake , and while it could have been constructed in a conforming location ;
excessive development evident when viewed from the lake is not consistent with
the comprehensive plan . This criterion is met.
c. The variance, if granted, will not alter the essential character of the locality. "
It is unlikely the location of the Garage in the existing location will alter the
character of the locality. This criterion is met.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination .
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems . Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat.§ 216C.06, subd . 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located ." This condition is not applicable, as a 300 square foot detached accessory building
is an allowed use in the RS District.
7. "The board or counc il may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling ." This condition is not applicable.
8. "The special condit ions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The home is situated on the top of the hill on
the Property. The grade drops in all directions away from the home. The Garage would
likely be more visible from the lake if it were to be constructed to conform based on the
topography . This criterion is met.
9. ''The conditions do not apply generally to other land or structures in the district in wh ich the
land is located ." The specific topographic site conditions on the Property no not apply to
other adjacent properties . This criterion is met.
3
CITY OF ORONO
RESOLUTION OF THE C ITY COUNCIL
NO . ---------
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The owners have ample area to construct a
conforming accessory building , meeting the 10 foot separation , demonstrating reasonable
use . This criterion is not met.
11 . "The granting of the proposed variance will not in any way impair health , safety , comfort or
morals , or in any other respect be contrary to the intent of th is chapter." The Garage ,
although could be constructed in a conforming location the proposed variances are
proposed to avoid increased visibility of the building from the lake which protects against
the appearance of uncharacteristic bulk and mass . This criterion is met.
12. "The granting of such variance will not merely serve as a convenience to the applicant , but
is necessary to alleviate demonstrable difficulty ." The requested variance allows
preservation of the natural treed view of the Property from the lake and would not be for
the sole convenience of the Applicants. This criterion is met.
CONC LUS IO NS, ORDER AND COND IT IONS:
Based upon one or more of the above findings , the Orono City Council hereby grants after-
the-fact variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to allow
construction of a Garage 6. 7 feet from the principal structure where a 10-foot separation is
required ; subject to the following conditions:
1. Council approval is based on the entire record , above Findings .
2 . Council approval is based on the survey dated 11 /01 /17 by Gronberg and Associates and
the building plan sketches submitted by the Applicants and annotated by City staff,
attached to this Resolution as Exhibits A & B. Any amendments to the plans which are
not in conformity with City codes may require further Planning Commission and City
Council review .
3. Approval of the variances is conditioned upon submittal of a complete after-the-fact
building permit application including plans and specifications to demonstrate compliance
with the applicable Building Construction and Fire Codes , as well as a double after-the-
fact permit fee within 90 days from variance approval (March 11 , 2018).
4 . Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO . ---------
5. Authorities granted by this resolution run with the Property not with the Applicants , but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (December 11, 2018).
6 . Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein .
ADOPTED by the Orono City Council on this 11 1h day of December, 2017.
ATTEST : C ITY OF ORONO :
Anna Carlson, City Clerk Dennis Walsh , Mayor
5
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Exhibit A
#17-3980
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445 N WILLOW DRI VE LO NG t.AJ<E, MN 55356
PH ONE: 952-473-4141 FA X: 952-4 73..C435
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"1/17 f'/t /I
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 20, 2017
6:30 o'clock p.m.
Council
Exhibit C
#17-3980
3. #17-3980 SHAWN WISCHMEIER, 540 BIG ISLAND, AFTER-THE-FACT VARIAN CE,
7:05 P.M. -7:25 P.M.
Shawn Wischmeier, Applicant , was present.
Curtis stated the pennit for the new home under construction was issued in May of 2017 . Due to the
remoteness of the Big Island property and winter weather approaching, the applicant made site
preparations , brought materials to the property, and began construction of a 300 square foot shed prior to
the issuance of a building pennit this fall. The shed is located 6 . 7 feet from the princip al structure where
a l 0-foot setback is required . Construction on the shed has been stopped and the applicant has requested
a setback variance .
A detailed analysis of the practical difficulties was provided in the Staff report. However, while the
applicant has provided a compelling argument supporting the placement of the shed , Staff finds few
practical difficultie s exist which support the requested variance beyond that of convenience .
To date no public comments have been received .
Planning Staff recommends denial of the variance. As the shed is only partially constructed , the applicant
should be required to apply for a building permit for the shed and move it to a conforming location.
Thie sse asked if there wa s a foundation previously there .
Curtis indicated the foundation on the survey depicts the existing foundation.
Thiesse asked if the shed is on frost footings .
Curtis indicated it is.
Shawn Wischmeier, Applicant , stated the floor of the shed or garage structure was part of the cabin
building permit, which is why it is there . Wischmeier stated the reasons he is here is because he is asking
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 20, 2017
6:30 o'clock p.m.
for a variance for the base of the garage and that the concrete and the floor was approved as part of the
building pennit.
Curtis noted it was approved as a patio.
Wischmeier stated the patio as constructed is 3.3 feet too close to the cabin.
Thiesse stated the patio could have been up next to the house but it is the building that cannot be that
close.
Wischmeier stated the patio was being built for the express purpose of putting a garage on it but the
garage was not part of the building permit. Wischmeier stated he thought this was all part of the original
package and that he makes no excuses for it. The intent was that it was supposed to be conforming in
order to erect the garage onto the base and that his contractor clearly understood that was to be done.
Wischmeier pointed out the 6 .7 foot setback. Wischmeier explained the drop in elevation is
approximately 12 feet, and that when they bought the lot, they thought it had a nice elevated area.
Unfortunately that area has very poor soils and a bunch of fill was brought in to raise it up . Wischmeier
stated the practical difficulties relate to the foundation and the extreme drop-off. Wischmeier indicated
they are attempting to make the structure compact to hide it the best they can from the lake and to get it
where there is good soil to pour the foundation.
Wischmeier stated the practical difficulty is the grade, and that getting to buildable soil for the garage
foundation was challenging, which is why the contractor moved towards the cabin. The challenge with
extending it four feet means that they will have to dig down a good way to get to flat soil, which results in
the whole foundation having to be shifted down three to four feet. Wischmeier stated the problem with
the backside of the garage is the way it is cut into the hill. Wischmeier noted the structure is not viewable
from the lake or from the neighbors ' properties and that the issue with all of this was getting it to fit
proportionally with the house. Wischmeier indicated they tried to get it visually correct with the house
but that there is no practical way to build a structure like this that is correct and looks right from the front.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 20, 2017
6:30 o'clock p.m.
Wischmeier stated his contractor admitted the mistake but that he could not be here tonight. Wischmeier
stated at first he tried to work with the builder to try to get it moved over, but as they analyzed it, they
realized there is not a logical way to make it fit. Wischmeier stated bulking or massing should not be an
issue because of the 3.2 acres and none of the neighbors can see the project.
Wischmeier displayed pictures of the property from the lake and the partially completed structure.
Wischmeier noted when there are no leaves on the trees, you can see the front of the garage from the lake,
but that keeping the structure compact helps avoid challenges with massing.
Olson asked if the two structures could be joined with a walkway.
Curtis indicated he would need to make it a weather-tight connection.
Wischmeier indicated he would be open to whatever suggestions . Wischmeier stated the garage was
meant to have a little bit of storage on the top and room for an ATV on the bottom. Wischmeier stated he
would prefer not to connect it since it might look worse in that case but that he will not completely rule it
out.
Wischmeier noted there is only about three or five feet from that corner, and in order to adjoin it, they
would need to build some type of structure. Wischmeier stated if the hill was not so steep, they could
have pushed it down , but they thought they could put fire rock and insulation and whatever else is needed
to make it work.
Chair Thiesse opened the public hearing at 7: 18 p.m.
There were no public comments regarding this application.
Chair Thiesse closed the public hearing at 7: 18 p.m .
Schoenzeit stated this is a safety issue in .regards to the closeness of the structures , and just like when
someone puts their monument or gate and there is not enough stopping room, they have to move the gate .
Schoenzeit commented this is not really a variance eligible mistake .
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 20, 2017
6:30 o'clock p.m.
Curtis noted the building code allows buildings to be this close and that the City 's zoning code requires
ten feet, which is an open space requirement. Curtis indicated the building can be three feet away if the
proper materials are used.
Thiesse stated it is a massing issue and not a fire safety variance and that the applicant is well under
hardcover and structural coverage limits. Thiesse pointed out it is located on a 3.2 acre property.
Lemke stated the massing does not bother him as much as the fact that it is an after-the-fact variance , and
that in his view if it had been connected, the Planning Commission would have allowed it from a massing
standpoint. As a result, Lemke indicated he is okay with it.
Schoenzeit commented it is a very big foundation for a patio .
Thiesse stated he has difficulty requiring an additional building to make it compliant.
Lemke commented that would not really solve anything either.
Schoenzeit stated the applicant should be required to comply with the fire code , and if the applicant does
not want to connect it, that is his prerogative .
Landgraver stated the massing issue is important in Orono and that he views a component of massing
being open areas between structures . Landgraver stated it does stretch the imagination that that used to be
a patio and that was what it is proposed as but that it is now a 25-foot tall structure. Landgraver stated in
his view there was an egregious error done in disclosure of the plans that could have been avoided by
discussing the project thoroughly with Staff.
Lemke asked if the foundation is sufficient to support the structure.
Curtis stated she believes so.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 20, 2017
6:30 o'clock p.m.
Schoenzeit moved, Olson seconded, to recommend approval of Application No. 17-3980, Shawn
Wischmeier, 540 Big Island, granting of an after-the-fact variance to permit construction of a
detached accessory building less than ten feet from the principal structure subject to meeting
building code and fire code requirements. VOTE : Ayes 5, Nays 0.
Date Application Received: 09/20/17
Date Application Considered as Complete: 11/01/17
60-Day Review Period Expires: 12/31/17
To:
From:
Date:
Subject:
Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
Melanie Curtis, Planner l'Y)CC
20 November 2017
#17-3980, Shawn Wischmeier, 540 Big Island,
ATF Variance
Public Hearing
Application Summary: The applicant is requesting variance approval to permit construction of
a detached accessory building less than 10 feet from the principal structure.
Staff Recommendation: Planning Department Staff recommends denial.
Background
A permit for the new home on the property was issued in May of 2017 . Due to the remoteness
of the Big Island property and winter weather approaching, the applicant made site
preparations, brought materials to the property, and began construction of a 300 square foot
shed prior to the issuance of a building permit this fall. The shed is located 6.7 feet from the
principal structure where a 10-foot setback is required . Construction on the shed has been
stopped and the application has requested a setback variance.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279-Setbacks:
RS District Required Proposed
Rear 50' +200 '
East Side 50' ±75'
West Side 50 ' +300 '
Lakes ho re 75 ' ±125'
Average Lakeshore The shed will be conforming with respect to the average
lakesho re setback.
Structure to Structure 10' I 6.7'
Section 78-1403-Structural Coverage:
The property has 3.2 acres in area and exceeds 1.99 acres; it is not subject to structural coverage
limitations.
Council
Exhibit D
#17-3980
Section 78-1700 -Hardcover Calculations:
FILE# 17-3980
20 Nov 2017
Page 2 of 4
The property, including the 300 square foot shed , is well below the Tier 1, 25% hardcover
allowance.
Applicable Regulations:
Building to Bu i lding Setback Variance (Section 78 -570 & 78-1438)
As constructed, the shed and the home under construction are separated by 6.7 feet where a 10
foot separation is required .
Governing Regulation: Varianc e (Section 78-123)
In reviewing applications for variance, the Plann ing Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire , risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code . Economic considerations alone do not constitute practical difficu lties . Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems .
Variances shall be granted for earth -sheltered construction as defined in Minn. Stat.§ 216C.06 ,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462 .537 Subd . 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance . The
construction of the shed on a residential property is consistent with the intent of the
ordinance .
2. The variance is consistent with the comprehensive plan . The variance to permit the
allowance of a detached building with less than a 10 foot separation from the home in
a residential zone are consistent with the Comprehensive Plan . The mass and building
crowding is inconsistent with the City's goals for preservation of open space.
3. The applicant establishes that there are practical difficulties .
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls ; The request to permit construction of the
shed within the 10 foot separation between buildings appears to be reasonable
as the size of the shed is only 300 square feet and the overall massing on the
property is minimal. The adjacent properties will not be adversely impacted and
the location of the shed is less visible from the lake .
b. There are circumstances unique to the property not created by the landowner;
The shed was constructed without a building permit, and could have been
constructed in a conforming location; crowding the buildings on the property is
not consistent with the comprehensive plan. This criterion is not met; and
FILE # 17-3980
20 Nov 2017
Page 3 of 4
c. The variance will not alter the essential character of the locality. It is unlikely the
location of the shed in the existing location will alter the character of the
locality. This criterion is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows :
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn . Stat .§ 216C.06 , subd . 2, when in harmony with Orono City Code Chapter
78 . This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located . This condition is not applicable, as the use for a 300 square foot detached
accessory storage building is an allowed use in the RS District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling. This condition is not applicable .
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The home is situated on the top of the hill
on the Property. The grade drops in all directions away from the home. The shed would
likely be more visible from the lake if it were to be constructed to conform based on the
topography.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The conditions relevant to the Property are similar and apply to other
adjacent properties. This criterion is not met.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant . The owners have ample area to construct a
conforming shed meeting the 10 foot separation demonstrating reasonable use. This
criterion is not met.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals , or in any other respect be contrary to the intent of this chapter. The shed,
while not out of character with the neighborhood, could be constructed in a
conforming location the proposed variance is proposed to avoid a tenant of the Code
intended to protect against the appearance of uncharacteristic bulk and mass. This
criterion is not met.
12 . The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The purpose for granting the requested
variance would be for the convenience to the applicants. This criterion is not met.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance . No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
Staff has completed a preliminary review of the project for compatibility with the septic system ,
and has determined that the project is not likely to impact the existing or future septic sites .
Practical Difficulties Statement
FILE# 17-3980
20 Nov 2017
Page 4 of 4
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application .
Practical Difficulties Analysis
While the applicant has provided a compelling argument supporting the placement of the shed
(visibility, impact to the site/trees, etc), Staff finds few practical difficulties exist which support
the requested variance beyond convenience .
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted , will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends denial of the variance . As the shed is partially constructed the
applicant should be required to apply for a building permit for the shed and move the shed to a
conforming location.
List of Exhibits
Exhibit A.
Exhibit 8 .
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Application
Practical Difficulties Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Submitted Hardcover Calculations
Property Owners List
Plat Map
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
TO: Shawn Wischmeier
2851 Washta Bay Rd
Excelsior, MN 55331
TYPE OF REQUEST: After-the-Fact Variance
DATE OF MEETING: 20 November 2017
COPIES
via
email:
ZONING FILE: #17-3980
DATE OF NOTICE: 30 Nov 2017
Shawn Wischmeier
Dan Murphy
The Orono Planning Commission voted on a motion to recommend approval of the after-the-fact
variance for the accessory building conditioned upon compliance with all of the applicable Building
Code requirements.
VOTE: 5 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled as: Monday, December 11, 2017
This is a City Council meeting. The meeting begins at 6:30 PM
If you desire certified copies of the official Planning Commission minutes, they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please
contact Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627.
Subject: #17-3980, Shawn Wischmeier, 540 Big Island,
A permit for the new home under construction on the property was issued in May. However,
due to the remoteness of the Big Island property and winter weather approaching, the applicant
made site preparations, brought materials to the property, and began construction of a 300
square foot shed prior to the issuance of a building permit this fall. The shed is located 6.7 feet
from the principal structure where a 10-foot setback is required. Construction on the shed has
been stopped.
A detailed analysis of the practical difficulties was provided in the staff report. However, while
the applicant has provided a compelling argument supporting the placement of the shed
(visibility, impact to the site/trees, etc), Staff finds few practical difficulties exist which support
the requested variance beyond convenience.
No public comments have been received.
In closing, Planning Staff recommends denial of the variance. As the shed is partially constructed
the applicant should be required to apply for a building permit for the shed and move the shed to
a conforming location .
pw;uG~~ 110/
Date Application Received: 09/20/17
Date Application Considered as Complete: 11/01/17
60-Day Review Period Expires: 12/31/17
To:
From:
Date:
Subject:
Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
Melanie Curtis, Planner \'YICC
20 November 2017
#17-3980, Shawn Wischmeier, 540 Big Island,
ATF Variance
Public Hearing
Item 3
Application Summary: The applicant is requesting variance approval to permit construction of
a detached accessory building less than 10 feet from the principal structure.
Staff Recommendation: Planning Department Staff recommends denial.
Background
A permit for the new home on the property was issued in May of 2017. Due to the remoteness
of the Big Island property and winter weather approaching, the applicant made site
preparations, brought materials to the property, and began construction of a 300 square foot
shed prior to the issuance of a building permit this fall. The shed is located 6.7 feet from the
principal structure where a 10-foot setback is required. Construction on the shed has been
stopped and the application has requested a setback variance.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279-Setbacks:
RS District Required Proposed
Rear 50' +200'
East Side 50' ±75'
West Side 50' +300'
Lakeshore 75' ±125'
Average Lakeshore The shed will be conforming with respect to the average
lakeshore setback.
Structure to Structure 10' I 6.7'
Section 78-1403-Structural Coverage:
The property has 3.2 acres in area and exceeds 1.99 acres; it is not subject to structural coverage
limitations.
Section 78-1700 -Hardcover Calculations:
FILE# 17-3980
20 Nov 2017
Page 2 of 4
The property, including the 300 square foot shed, is well below the Tier 1, 25% hardcover
allowance.
Applicable Regulations:
Building to Building Setback Variance (Section 78 -570 & 78 -1438)
As constructed, the shed and the home under construction are separated by 6.7 feet where a 10
foot separation is required .
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire , risk to the public safety, and the effect
on values of property in the surrounding area . The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also i nclude but are not limited to inadequate access to direct sunlight for solar energy systems .
Variances shall be granted for earth -sheltered construction as defined in Minn . Stat .§ 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one -family dwelling as a two-family dwelling.
According to MN §462.537 Subd . 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance . The
construction of the shed on a residential property is consistent with the intent of the
ordinance .
2. The variance is consistent with the comprehensive plan. The variance to permit the
allowance of a detached building with less than a 10 foot separation from the home in
a residential zone are consistent with the Comprehensive Plan. The mass and building
crowding is inconsistent with the City's goals for preservation of open space.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls ; The request to permit construction of the
shed within the 10 foot separation between buildings appears to be reasonable
as the size of the shed is only 300 square feet and the overall massing on the
property is minimal. The adjacent properties will not be adversely impacted and
the location of the shed is less visible from the lake.
b. There are circumstances unique to the property not cr eated by the landowner;
The shed was constructed without a building permit, and could have been
constructed in a conforming location; crowding the buildings on the property is
not consistent with the comprehensive plan. This criterion is not met; and
FILE# 17-3980
20 Nov 2017
Page 3 of 4
c. The variance will not alter the essential character of the locality. It is unlikely the
location of the shed in the existing location will alter the character of the
locality. This criterion is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat .§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located . This condition is not applicable, as the use for a 300 square foot detached
accessory storage building is an allowed use in the RS District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The home is situated on the top of the hill
on the Property. The grade drops in all directions away from the home. The shed would
likely be more visible from the lake if it were to be constructed to conform based on the
topography.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The conditions relevant to the Property are similar and apply to other
adjacent properties. This criterion is not met.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The owners have ample area to construct a
conforming shed meeting the 10 foot separation demonstrating reasonable use. This
criterion is not met.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. The shed,
while not out of character with the neighborhood, could be constructed in a
conforming location the proposed variance is proposed to avoid a tenant of the Code
intended to protect against the appearance of uncharacteristic bulk and mass. This
criterion is not met.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The purpose for granting the requested
variance would be for the convenience to the applicants. This criterion is not met.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance . No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located .
Septic System Status
Staff has completed a preliminary review of the project for compatibility with the septic system ,
and has determined that the project is not likely to impact the existing or future septic sites.
Practical Difficulties Statement
FILE# 17-3980
20 Nov 2017
Page 4 of 4
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
While the applicant has provided a compelling argument supporting the placement of the shed
(visibility, impact to the site/trees, etc), Staff finds few practical difficulties exist which support
the requested variance beyond convenience.
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
4 . Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends denial of the variance . As the shed is partially constructed the
applicant should be required to apply for a building permit for the shed and move the shed to a
conforming location .
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit 0.
Exhibit E.
Exhibit F.
Exhibit G.
Application
Practical Difficulties Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Submitted Hardcover Calculations
Property Owners List
Plat Map
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Application #
Date Received :
Staff :
Fee:
Escrow:
Notes:
$700
$700 I $2,500
PC
Exhibit A
#17-3980
APPLICANT INFORMATIQN: D check hf!re if Applicant address should be used for billing
Applicant: 5 Y\OMI!'.\ vJ t sJ,vvi<. if
Phone (Primary): 9)'! -~'1 i -ii~
Maili~gAddress: 'Z.$Sl w1gtbh /bu~ .~' City : 6-V"l\t./l ZIP: $5:12/ __ _
Email: 5v.J ,s 4'..:nt4 t~-~=i/---"--~'1,_,1 ..... · .. ........__c .... cJ ..... &:i~-------------------
PROPERTY OWNER INFORMATION: Zcheck here if Property Owner is same as applicant
D check here if Property Owner address should be used for billing
Name:
Phone (Primary}:
Mailing Address : Cit: ZIP:
Email:
APPLICANT AND/OR PROPERTY OWNER:
•
•
•
•
Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and property owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so , the
staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless
of its potential merit.
The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the
property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification
of this request.
Property Owner and/or Applicant ack~ledge they must be present at all scheduled review meetings of the Planning
Commission and Council. If an appli nt and/or prope y owner Is unable to attend a scheduled meeting, please make
arrangements to have an authorized' epresentative end in place of the applicant/owner and advise the City Planner
assigned to your project .
Information will be distributed
Applicant Signature:
Applicant Signature:
Property Owner Signature:
Property Owner Signature:
Variance Application -January 2017
Page4
Date:
Date: ------------
Date:
Practical Difficulties Responses
PC
Exhibit B
#17-3980
1 . "The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Chapter"
The property is a single family residence, use of the property will not
change from it's current form
2 . "The plight of the landowner is due to circumstances unique to his/her
property not created by the landowner"
The current location of the property is on Big Island, and the contour of the
land is such that any other appropriate spot for the ancillary structure
would then become more visible from the lake, which we are trying to
avoid. The goal is to minimize the visual impact of the ancillary structure
from the lake, thus making the island more rustic as is the current status.
3. "The variance, if granted, will not alter the essential character of the
locality"
If granted the variance will enhance the character of the property. The
more collected the structures are the more rustic the island remains.
4. "Economic considerat ion alone do not constitute practical difficu lties if
reasonable use of the property existing under the terms of the Zoning
Chapter"
There is no financial gain by this request. Financial concerns do not have
any impact on this request. It is solely for environmental and safety
reasons.
5 . "Practica l di ffi cul t ies include, but are not lim ited to, inadequate access to
direct sunlight for solar energy systems . Variance shall be granted for
earth sheltered construction as defined in Minnesota Statutes, Section
116J .06 Subd . 2 , when in harmony with this Chapte r.
No applicable
6. "The Board of Applea ls and Adjustments or the Council may not permit as
a variance any use that is not allowed under this Chapter for property in
the zone where the affect ed person's land is located"
The property will be used as directed if this variance is granted
7. "The Board or Council may permit as a variance the temporary use of a
single-family dwelling as a two-family dwelling"
The proposed/existing will only be used as a single-family dwelling.
8. "The special conditions applying to the structure or land in question are
peculiar to such property or immediate adjoining property"
The adjoining properties are not visible and will not be affected
9. "The conditions do not apply generally to other land or structures in the
district in which said land is located"
NA
10. "The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant"
Yes, by grouping the structures we are preserving the natural beauty of
the land.
11 . "The granting of the proposed variance will not in any way impair health,
safety, comfort, morals or in any other respect be contrary to the intent of
the Zoning Code"
There will be no adverse affect
12. "The granting of such variance will not merely serve as a convenience to
the applicant, but is necessary to alleviate demonstrable difficulty"
Without creating a visual affect from the lake there is no other location
applicable.
Practical Difficulties Statement:
Should you feel the practical difficulties cannot fully be described in the
above criteria, describe the practical difficulties compliance with Zoning
Ordinance requirements in the following lines (attach additional sheets if
necessary)
To : Melanie Curtis
Roger Peitso
From : Shawn & Kelly Wischmeier
Re : 540 Big Island Garage Variance
Date : November 1, 2017
Pursuant to our discussion in October, we are providing additional information to demonstrate why the
garage structure needs to be placed in its current location and why it was not practical to move it farther
away from the house . Specifically, here is additional supporting information to elaborate on the original
submission to the "Practical Difficulties Responses" that were received by Orono on September 20,
2017. This Memo is meant to supplement the responses to Items #2 and #8.
Practical Difficulty Response #2
"The plight of the landowner is due to circumstances unique to his/her property not created by the
landowner"
The primary challenge in building anything on this site is that the open area for construction, within
appropriate setbacks, is on a large , steep hill. From the survey, you can see the contours that resemble
a large upside-down bowl. These gradients are combined with a loamy/clay soil type that must be
scraped and graded to result in a hardpacked surface suitable for construction (e.g ., pouring a concrete
floor).
Here is a picture that shows how the garage has been "cut" into this hill.
Practical Difficulty Response #8
"The special conditions applying to the structure or land in question are peculiar to such property or
immediate adjoining property"
The challenge of building a structure on this plot of land with the contour gradients described in #2
above, is finding a structural design that will fit the existing space. The structure had to be designed in a
non-traditional manner to make it fit the existing , unique space . The workable design involved two
separate sections with access from two different sides of the garage (an upper section and lower
section}. The lower section is side-loading and will allow for small recreational vehicles, mowers, and
other similar items to be stored . The upper sections will allow for the garage to both be functional and
look normal from the front of the property (south or water side}. The key is that the garage height had
to be increased so that it would fit appropriately within the roof line of the main dwelling. If the upper
section was not added, the garage roof would have sit well below the roofline of the main dwelling, and
would not fit aesthetically or functionally on the property (the roof would have been on the same
elevation as the main dwelling access door). From the following picture, you can see that the opening in
the upper section of the garage is designed to be on the same elevation as the side access door on the
main dwelling.
By building these two garage sections, one on top of the other, this has caused the back (north) side of
the garage to be extraordinarily high/tall. See the picture below for the back (north) side of the garage .
This is an extreme height that would otherwise be an eyesore, but fortunately, this side of the garage is
to the rear of the property and away from the water and what can be seen from the shoreline. Thus, it
is hidden from view. If the structure had to be moved to be farther away from the main dwelling by an
extra 3.5 feet, that would cause the wall on the back of this garage to be higher. Because of the vertical
drop in the contour on the garage's northeast corner, plus the requirement to keep the front of the
garage (south) side at an appropriate elevation relative to the main dwelling entry door, the only way to
make that work would be to materially increase the overall height of the garage on the back (north)
side . In short, adding any additional height to this garage would be untenable and thus supports why
the specific building site is un ique and requires special consideration. Additionally, the extra height that
would have to be added to the garage creates challenges in the block retaining walls used as part of the
foundation for the structure . The front (south) side of the garage already has eight rows of block in the
wall. To slide the whole foundation further from the main dwelling and thus dig it deeper into the hill
and increase the overall height of the garage would cause a required increase in the height of the block
walls , thus creating more structural complications. Here is a picture of t he inside block walls of the
structure.
The following picture shows the fall-off in grade on the northeast corner of the garage. Note the
steepness and the poor soil quality. This picture is intended to help illustrate why moving another 3-4
feet laterally is not at all insignificant and would require grading down to a soil quality that is sufficient
to support a concrete pour for the structure . This picture also gives additional perspective as to how
much higher the structure would likely have to be to fit the contour.
In short, as homeowners, we would always prefer that we don't have to file for such variances and
simply comply fully with established code. Also, we would have preferred the garage to be further away
from the main dwelling as well. The modifications that would will be required to the structure to leave
as-is (e.g., shorter roof overhangs) are not desirable to us. However, we realize that the builder really
had no logical alternatives given the site-specific considerations of this property. We support them and
the decision they had to make . Happy to provide any additional information or answer any questions as
required .
17-209
FOUNDATION AS-BUI LT SURVEY FOR
KELLY AND SHAWN WISCHMEIER
IN LOTS 1·10 ANO VACATED ROADS , KATE B . PLUMMER& SUBDMSION
OF LOT 2, K rTCHEL'S SUBOMSION OF GOV'T LOTS 5 & 6,
SEC. 22, T. 117 N., R 23 W.
HENNEPIN COUNTY, MINNESOTA
~---~Of .. ~. u.1 ... -.-.._...,. .. ..,.._ __
, ... --..... ,....-.....,. ... ..-w.o_ :i~.=.:;:::!.....~::.=..,
12 ,....,,.111111 .. ~nw. ,_........,_ ... __ ., ... __ _,.. __ ,,, ............ -...--~-. __ .._, __ ..., ______ _
·---.--... , ... ...,. ______ _
-··=~--..... ,... ____ .., __ _
0 30 60 ~ --' --SCALE tN FE ET
PC
Exhibit C
#17-3980
1-----
1
f---: ---------------1------~--1
:_~
I IL_
PC
Exhibit D
#17-3980
ll--------10·--------"11
~
--------·-
i --·--
---------4'
PC
Exhibit E
#17-3980
RUN DATE: 09/2812017
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810YORKAVES
MPLS MN 55410
38 22-117-23 42 0001
HENNEPIN COUNTY PROPERTY tN•·oRMATION SYSTEM (PROPERTY OWNERS LIST)
S WISCHMEIER & K WISCHMEIER
540 BIG ISLAND
ORONO MN 55331
SHAWN WISCHMEIER
KELLY WISCHMEIER
2851 WASHTABAYRD
EXCELSIOR MN 55331
38 22-117-23 42 0002
GERALD A ERICKSON JR ET AL
38 ADDRESS UNASSIGNED
ORONO MN 00000
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 42 0021
BIG ISLAND INC
520 BIG ISLAND
ORONO MN 55331
BIG ISLAND INC
PO BOX 188
EXCELSIOR MN 55331
Hennepin County has develo ped electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce
and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no
representation or warranties~ either express or implied , or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the information conta ined herein.
PC
Exhibit F
#17-3980
H Hennepin County Locate & Notify Map
PC
Exhibit G
#17-3980
(1)
•••• •••• ••• •••
Buffer Size: 350 feet
Map Comments:
540 Big Island
• •• •••••••••••••••••••••••••••••••••••••••
0 60 120 240 ft
This data (Q is hrnished 'AS IS ' wi th no representation as to
completeness or accuracy; (ii) is furn ished w~h no warranty of any
kind ; end (iii) is notsui1able for legal, engineeri ng or surveying
purposes. Hennepin County shall not be liable for any damage, injury
or loss result ing from this date.
For more information, contact Hennepin County GIS Office
300 6th Street Soulh, Minneapolis, MN 55487 / g is.info@hennep in.us
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Darlene MacPherson being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the new spa-
per(s) known as:
The Laker, The Pioneer
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of:
HENNEPIN
and has full ku(}W)edge of the facts st ated
below: .;.:.· ...• ,--'. · '"·
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn . Stat. §331 A.02 .
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week , for 2 successive week(s); the first
insertion being on I 1/04/2017 and the last
insertion being on I 1/04/2017.
MORTGAGE FORECLOSURE NOTICES
Pursuant _to Minnesota Stat. §580 .033
rel a ting to --the publication · of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd . 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are loca ted ,
a substantial portion of the newspaper's
circulation is in the latter county.
By: 12 tJ<X-e/~ \ . Designated Agent
Subscribed and sworn to or affirmed before
me on 11/04/20 I 7 by Darlene MacPherson.
Notary Public
Rate Information :
(l) Lowest classified rate paid by commercia l users
for comparable space:
$15 .00 per column inch
Ad ID 751364
CITY OF ORONO
2750 KELLEY PARKWAY,
P.O. B0X66
CRYSTAL BAY, MN 55323
PHONE (952) 249-4600
FAX (952) 249-4616
NOTICE
The Orono Planning Commis-
sion will hold a public hearing in the
Orono Council Chambers at 2780
Kelley Parkway on Monday, No-
vember 20, 2017 , beginning at 6 :30
p.m. on the matter of reviewing the
following land use applications:
17-3979 Kimberly Schettler,
2740 Shadywood Road, requests
after-the-fact variances to permit
a new screen porch, constructed
without permits, to encroach as
close as 72 feet to the lake where
a 75-foot setback is required; and
up to 20 feet lakeward of the aver-
age lakeshore setback. The porch
results in hardcover and structure
within the 75-foot setback where
no structure or hardcover is per-
mitted.
1 7 -398 0 Shawn Wischmeier,
540 Big Is land, requests an after-
the-fact variance to permit an en-
croachment into the required 10-
foot separation between buildings
for a storage building.
17-3981 Todd & Angie Olson,
3325 Crystal Bay Road, requests
variances to maintain the footprint
of the existing home but allow to
an upper addition creating new
encroachments within the 75 foot
lake yard setback, 7.5 foot side
setback, 30 foot rear setback,
hardcover which exceeds 25% of
the existing lot, structural coverage
which exceeds 20% of the existing
lot, lot area, lot width, and allow for
a driveway which exceeds 8 feet
wide in the shoreland overlay dis-
trict.
17-3986 Travis DeJong, 1270
Wildhurst Trail, requests approval
of a conditional use permit in order
to install a permanent dock.
17 -3988 Lake West Develop-
ment, o/b/o Rick (Barbara) Lupient,
PIDs 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-
0003, "3508" Ivy Place, requests
a variance Article XI Wetlands Pro-
tection from the wetland setback to
allow for construction of a driveway
within the wetland setback. The
driveway is within proposed outlot
A serving 2 newly platted lots as
part of Ivy Place Plat.
17-3989 Lake West Deve lop-
ment, o/b/o Rick (Barbara) Lupient,
PIDs 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-
0003 , "3508" Ivy Place requests
a vacation of an unused access
easement and an unused utility
easement to be replaced with a
new utility easement surrounding
the existing utilities located on the
property.
17 -3990 Lake West Develop-
ment, o/b/o Rick (Barbara) Lupient,
PIDs 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-
0003, "3508" Ivy Place requests a
Conditional Use Permit per Article
VIII Floodplain Management and
Article V Subdivision II Land Alter-
ation to add fill to the property, cre-
ate new grades for the proposed
homes outside of the floodplain,
and alter the existing floodplain.
All persons wishing to be heard
are encouraged to attend these
meetings . This is not a final agen-
da and is subject to change prior to
the hearings . Written comments are
accepted and should be submitted
to the City of Orono by November
14, 2017 if possible. Interested
persons may review the applica-
tions and proposed ordinance lan-
guage at City offices or by visiting
the City's Website at www.ci.orono.
mn.us. For an appointment, please
call (952) 249-4620 .
City of Orono
By: Planning Commission
Jeremy Barnhart, Community De-
velopment Director
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Published in
The Laker & The Pioneer
Nover:nber 4;2-017
·-751364:
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss .
)
CITY OF ORONO )
I, Monica Fadness , of the City of Orono, Hennepin County, Minnesota , do hereby
certify that a Notice of Public Hearing concerning the matter of #17-3980 was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this gth day of
November, 2017.
'IJ!Jrul,._Q.~
oicaA. Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on Monday, November 20, 2017, beginning at 6:30 p.m. on the matter of reviewing
the following land use applications:
17-3979
17-3980
17-3981
17-3986
17-3988
17-3989
17-3990
Kimberly Schottler, 2740 Shadywood Road, requests after-the-fact variances to permit a
new screen porch, constructed without permits, to encroach as close as 72 feet to the lake
where a 75-foot setback is required; and up to 20 feet lakeward of the average lakeshore
setback. The porch results in hardcover and structure within the 75-foot setback where no
structure or hardcover is permitted.
Shawn Wischmeier, 540 Big Island, requests an after-the-fact variance to permit an
encroachment into the required 10-foot separation between buildings for a storage
building .
Todd & Angie Olson, 3325 Crystal Bay Road, requests variances to maintain the footprint
of the existing home but allow to an upper addition creating new encroachments within the
75 foot lake yard setback, 7.5 foot side setback, 30 foot rear setback, hardcover which
exceeds 25% of the existing lot, structural coverage which exceeds 20% of the existing
lot, lot area, lot width, and allow for a driveway which exceeds 8 feet wide in the shoreland
overlay district.
Travis DeJong, 1270 Wildhurst Trail, requests approval of a conditional use permit in
order to install a permanent dock.
Lake West Development, o/b/o Rick (Barbara) Lupient, PIDs 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-0003, "3508" Ivy Place , requests a variance Article XI
Wetlands Protection from the wetland setback to allow for construction of a driveway within
the wetland setback. The driveway is within proposed outlot A serving 2 newly platted lots
as part of Ivy Place Plat.
Lake West Development, o/b/o Rick (Barbara) Lupient, Pl Os 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-0003, "3508" Ivy Place requests a vacation of an unused
access easement and an unused utility easement to be replaced with a new utility
easement surrounding the existing utilities located on the property.
Lake West Development, o/b/o Rick (Barbara) Lupient, PIDs 20-117-23-42-0001, 20-117-
23-42-0002, and 20-117-23-42-0003, "3508" Ivy Place requests a Conditional Use Permit
per Article VIII Floodplain Management and Article V Subdivision II Land Alteration to add
fill to the property, create new grades for the proposed homes outside of the floodplain,
and alter the existing floodplain.
RUN DATE: 09/28/2017
38 22-117-23 31 0001
FAUS FAMJLYINVESTMENTS LP
550 BIG ISLAND .
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810 YORK A VE S
MPLS MN 55410
38 22-117-23 42 0001
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
S WISCHMEIER & K WISCHMEIER
540 BIG ISLAND
ORONO MN 55331
SHAWN WISCHMEIER
KELLY WISCHMEIER
2851 WASIITABAYRD
EXCELSIOR MN 55331
38 22-117-2342 0002
GERALD A ERICKSON JR ET AL
38 ADDRESS UNASSIGNED
ORONO MN 00000
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 42 0021
BIG ISLAND INC
520 BIG ISLAND
ORONO MN 55331
BIG ISLAND INC
PO BOX 188
EXCELSIORMN 55331
Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce
and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the information contained herein.
PAGE:1
To: Melanie Curtis
Roger Peitso
From: Shawn & Kelly Wischmeier
Re: 540 Big Island Garage Variance
Date: November 1, 2017
Pursuant to our discussion in October, we are providing additional information to demonstrate why the
garage structure needs to be placed in its current location and why it was not practical to move it farther
away from the house . Specifically, here is additional supporting information to elaborate on the original
submission to the "Practical Difficulties Responses" that were received by Orono on September 20,
2017. This Memo is meant to supplement the responses to Items #2 and #8.
Practical Difficulty Response #2
"The plight of the landowner is due to circumstances unique to his/her property not created by the
landowner"
The primary challenge in building anything on this site is that the open area for construction, within
appropriate setbacks, is on a large, steep hill. From the survey, you can see the contours that resemble
a large upside-down bowl. These gradients are combined with a loamy/clay soil type that must be
scraped and graded to result in a hard packed surface suitable for construction (e.g ., pouring a concrete
floor).
Here is a picture that shows how the garage has been "cut" into this hill.
Practical Difficulty Response #8
"The special conditions applying to the structure or land in question are peculiar to such property or
immediate adjoining property"
The challenge of building a structure on this plot of land with the contour gradients described in #2
above, is finding a structural design that will fit the existing space . The structure had to be designed in a
non-traditional manner to make it fit the existing, unique space. The workable design involved two
separate sections with access from two different sides of the garage (an upper section and lower
section). The lower section is side-loading and will allow for small recreational vehicles, mowers, and
other similar items to be stored. The upper sections will allow for the garage to both be functional and
look normal from the front of the property (south or water side). The key is that the garage height had
to be increased so that it would fit appropriately within the roof line of the main dwelling. If the upper
section was not added, the garage roof would have sit well below the roofline of the main dwelling, and
would not fit aesthetically or functionally on the property (the roof would have been on the same
elevation as the main dwelling access door). From the following picture, you can see that the opening in
the upper section of the garage is designed to be on the same elevation as the side access door on the
main dwelling .
By building these two garage sections, one on top of the other, this has caused the back (north) side of
the garage to be extraordinarily high/tall. See the picture below for the back (north) side of the garage.
This is an extreme height that would otherwise be an eyesore, but fortunately, this side of the garage is
to the rear of the property and away from the water and what can be seen from the shoreline . Thus, it
is hidden from view. If the structure had to be moved to be farther away from the main dwelling by an
extra 3.5 feet, that would cause the wall on the back of this garage to be higher. Because of the vertical
drop in the contour on the garage's northeast corner, plus the requirement to keep the front of the
garage (south) side at an appropriate elevation relative to the main dwelling entry door, the only way to
make that work would be to materially increase the overall height of the garage on the back (north)
side. In short, adding any additional height to this garage would be untenable and thus supports why
the specific building site is unique and requires special consideration. Additionally, the extra height that
would have to be added to the garage creates challenges in the block retaining walls used as part of the
foundation for the structure. The front (south) side of the garage already has eight rows of block in the
wall. To slide the whole foundation further from the main dwelling and thus dig it deeper into the hill
and increase the overall height of the garage would cause a required increase in the height of the block
walls, thus creating more structural complications. Here is a picture of the inside block walls of the
structure .
The following picture shows the fall-off in grade on the northeast corner of the garage. Note the
steepness and the poor soil quality. This picture is intended to help illustrate why moving another 3-4
feet laterally is not at all insignificant and would require grading down to a soil quality that is sufficient
to support a concrete pour for the structure. This picture also gives additional perspective as to how
much higher the structure would likely have to be to fit the contour.
r
In short, as homeowners, we would always prefer that we don't have to file for such variances and
simply comply fully with established code . Also, we would have preferred the garage to be further away
from the main dwelling as well. The modifications that would will be required to the structure to leave
as-is (e.g ., shorter roof overhangs) are not desirable to us. However, we realize that the builder really
had no logical alternatives given the site-specific considerations of this property. We support them and
the decision they had to make. Happy to provide any additional information or answer any questions as
required.
To: Melanie Curtis
Roger Peitso
From : Shawn & Kelly Wischmeier
Re: 540 Big Island Garage Variance
Date: October 9, 2017
My goal is to better communicate the actions we have taken thus far on the 540 Big Island project. We
had zero intent of frustrating either of you or the City of Orono in any way. I must first apologize for the
poor communication on my end. I put everything on Dan Murphy of our builder (KDB) to handle as it
relates to the variance process when I should have been more involved from the start. I have also had a
period of heavy travel at work, which unfortunately took my attention away. I should have asked Kelly
to be more involved in my absence .
Here are some background points on my view/intent of what has happened thus far. Following these
points are a number of pictures that help illustrate one or more concept as discussed.
1) I believe that KDB was acting in good faith when they chose the placement of the garage as they
were simply trying to keep the construction on the island as compact and hidden from the
shoreline as possible. This is consistent with the same approach Kelly and I have taken to keep
this project as discreet and hidden as possible. We are also working to make sure that whatever
is viewable from the water will look as natural as possible (e.g., we place the chimney in such a
way that it is about the only thing visible in the opening through the trees from the water so as
to allow the more natural stone to be seen as opposed to siding). That said, despite the best of
intentions all around, KDB recognizes that the foundation was placed too close and thus filed
the variance on behalf of Kelly and myself.
2) KDB realized that the foundation was poured too close to the main structure ("cabin") some
weeks ago. They communicated this to us so we were certainly aware that they needed to work
through a variance process with the City of Orono. Not at all trying to pretend that we were
unaware of the need to work through a variance process.
3) Challenges we run into by building on the island are many, as I'm sure you can appreciate. We
have to barge everything out, rarely have exactly what we need, have trouble finding the right
labor/skills from time to time, sometimes need heavy equipment which may or may not be
available, etc. We completely realize these are our problems, not yours, but wanted to note
that all of these considerations have weighed into the actions we have taken thus far.
4) Given the long-range planning that we required to source, procure, transport materials to the
island, and line up the labor to start building this garage, it would have been very difficult and
costly for us to stop our progress in moving forward. There were a number of sunk expenses,
especially on the labor side that could not be recouped at a future date . Materials were ordered
and in the process of being delivered .
5) Additionally, given the timing of the variance process coming to completion in mid to late
November, which would also put us at a point that the large equipment we need to safely build
ECEIVED
OCT O 8 2.0i7
C\TY OF ORONO
the garage (the Skyjack/Lull) would have already have to be transported back from the island to
shore. So we were facing a situation where we would not have the equipment necessary to
build the structure (e.g., getting plywood/OSB up to the roof) if we waited too long. We are also
running out of time/ability to leave boats on the water given the possibility of early ice . Again,
not your problems, just letting you know our thinking.
6) As such, we made a decision to move forward with some construction, but to do it in a way that
was absolutely adaptable and could accommodate whatever decision was ultimately reached by
the City of Orono. We went through many design considerations, such as considering some type
of modular design that could be built on the ground, then pieced together later. Ultimately, we
decided to build the structure in a way that it was completely movable. So in effect, we spent a
good deal of time designing the structure in a way that it could meet any requirements given to
us.
7) We considered two primary outcomes that were most likely based on feedback from our builder
based on early conversations with Roger . These two outcomes were: 1) move the entire garage
and foundation over the incremental 3.5ft to meet the 10ft setback requirement and 2) leave
the garage foundation where it is currently located, but utilize additional materials (such as fire-
rated OSB sheathing) to meet fire requirements.
8) Option #1 (moved the entire garage/foundation): The entire garage has been built on three 2x6
plates. The top of these three plates is simply screwed into the bottom two plates at a few
points. If we need to shift, the screws would be taken out of top plate and pulled the 3.5+ feet
along the side walls and onto the newly modified foundation, then screwed back down. As
such, we would not need to modify the garage structure in any way other than bracing it
properly to allow it be moved effectively without damage. See pictures at end of this document
for the steps we have taken to make moving possible.
9) Option #2 (utilize additional fire-rated materials): For now, normal OSB has been used on the
side of the garage closest to the house. The idea would be to cover over that sheathing with
fire-rated sheathing as required and make any additional modifications to the inside of the
garage as needed to meet required codes. We elected not to use fire-rating sheathing during
the initial construction thus far as we did not in any way want to appear presumptuous as to
your decision. Our goal all along has been to be able to adapt to whatever decision you require.
10) Our plan was to get a roof on the structure, to Tyvek the outside, then stop all work and wait on
the variance process to complete. We have (nor had) any intent whatsoever to complete and
other finishing work on the structure pending the outcome of the variance process. The idea
was to build the basic shell using the current foundation as the template, waterproof the
structure, wait on the variance process to conclude, then come back in the spring (once the ice
has thawed) to make any necessary alterations, then finish the structure.
11) Per Melanie's email about additional money required by end of day today, I will come by your
offices to deposit a check for the additional funds required . My wife and/or I will also work to
complete any additional paperwork required. I would appreciate the opportunity to sit down
and talk with one or both of you about all of this when you are able. I realize that today
(October gth) may be a holiday and I'm not sure who I will find in the offices. That is why I have
elected to write all of this up in the spirit of my being a much better communicator.
12) I would appreciate it if you could consider letting us finish the roof while we have the
Skyjack/Lull still on the island and wrap it in Tyvek, thus allowing us to prepare the structure for
winter. As stated, we would then consider the structure winterized and let it sit fully until the
variance process is completed and work through the modifications required before doing any
additional work on the structure next spring . Look forward to discussing.
Pictures to help illustrate some of the key points outlined:
Two pictures to help illustrate how seriously KDB and Kelly/I are taking the whole concept of hiding this
structure to the extent possible and keeping it all compact and as far away from shoreline views as
possible. One shows the chimney is about the only thing visible through the trees. The other show that
pushing the garage to the back corner (close to the cabin) helps keep the footprint compact as possible.
Picture showing the three 2x6 plates, such that the top plate is attached with screws and could be
shifted. The bottom two plates are permanently affixed to the foundation as it stands and wound not
move when shifted.
Picture showing the outside wall OSB sheathing . Here you can see the line that was drawn on the
outside of the structure to make sure that no staples, screws, etc. would go in this area . By leaving this
area unattached, it can then be slid along the three 2x6 plates and will help serve as a guide to keep
things aligned when shifting (if required).
This picture shows the side of the garage that is closest to the cabin structure . This shows that normal
OSB has been utilized for now. If a decision is made to request fireproofing of this, the intent would be
to cover over this with fire-rated OSB and other materials as required. Regular OSB has been used for
now, simply for structural support and protection from the elements.
This is a picture of the roof trusses being open to the elements . Would really appreciate if I can get
permission to work on this just enough to cover in the roof and protect it from the elements . The only
remaining items to be completed would be a roof and Tyvek . Then, it would be winterized and sit
untouched pending your ultimate decision in mid -November.
Practical Difficulties Responses
1 . "The property owner proposes to use the property in a reasonable manner
not permitted by the Zoning Chapter"
The property is a single family residence , use of the property will not
change from it's current form
2. "The plight of the landowner is due to circumstances unique to his/her
property not created by the landowner"
The current location of the property is on Big Island, and the contour of the
land is such that any other appropriate spot for the ancillary structure
would then become more visible from the lake, which we are trying to
avoid. The goal is to minimize the visual impact of the ancillary structure
from the lake, thus making the island more rustic as is the current status.
3 . "The variance, if granted, will not alter the essential character of the
locality"
If granted the variance will enhance the character of the property. The
more collected the structures are the more rustic the island remains.
4. "Economic consideration alone do not constitute practical difficulties if
reasonable use of the property existing under the terms of the Zoning
Chapter"
There is no financial gain by this request. Financial concerns do not have
any impact on this request. It is solely for environmental and safety
reasons.
5 . "Practical difficulties include, but are not limited to, inadequate access to
direct sunlight for solar energy systems. Variance shall be granted for
earth sheltered construction as defined in Minnesota Statutes, Section
116J .06 Subd. 2, when in harmony with this Chapter.
No applicable
6. 'The Board of Appleals and Adjustments or the Council may not permit as
a variance any use that is not allowed under this Chapter for property in
the zone where the affected person's land is located"
The property will be used as directed if this variance is granted
# 3980
RECEIVED
SEP 2 0 ZU"I/
ClTY OF ORONO
Melanie Curtis
From: Melanie Curtis
Sent:
To:
Monday, October 09, 2017 10:18 AM
'swischmeier@gmail.com'
Cc: 'Dan Murphy'
Subject: RE: #17-3980 Incomplete
Shawn
Thanks for stopping in today. As follow up we discussed that the updated survey showing the accessory building location
has not yet been submitted. As a result, your application will not be on the Planning Commission's October agenda;
rather it will be pushed ahead to the November 20th PC meeting. In order to stay on track for November 20th, please
submit the updated survey by or before November 1st.
Additionally, please make t he discussed revisions/updates to the Practical Difficulties documentation and submit by 11/1
to support your request.
Thank you,
Melanie
Melanie Curtis
it952.249.4627 ~mcurtis@ci.orono .mn .us
From: Melanie Curtis
Sent: Tuesday, September 26, 2017 4:30 PM
To: 'swischmeier@gmail.com' <swischmeier@gmail.com>
Cc: 'Dan Murphy' <dan@kuhldesignbuild.com>
Subject: #17-3980 Incomplete
Shawn
Please see the attached letter and information regarding your application. Please contact me with any questions.
Thank you
Melanie
Melanie Curtis, Planner
Direct 952.249.4627
Planning & Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtis@ci.orono .mn.us
Website: www.ci.orono.mn.us
1
CERTIFI CATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #17-3980 was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 3rct day of
October, 2017.
lftl~~a -~
Monka A. Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on Monday, October 16, 2017, beginning at 6:30 p.m . on the matter of reviewing
the following land use applications:
17-3947
17-3966
17-3970
17-3971
17-3972
17-3974
17-3975
17-3976
17-3978
17-3979
Paul Vogstrom on behalf of William & Sue Dunkley, 2710 Pence Lane & 2709 Walters
Port Lane, requests the following variances in conjunction with an administrative
subdivision exception to rearrange the common lot line: City Code Sec. 82-256 to permit
creation of a 2nd back lot which requires a variance from the requirement that the back lot
meet 150% of the lot area minimum, 150% of the rear yard and side yard setback
standards ; a variance from the requirement that a 30 ' wide access outlet be created to
serve the lots; and a variance from City Code Sec. 18-136 (for the third residential lot)
which allows up to two residential lots to be served via a private driveway.
LDK Builders , Inc. on behalf of Darrell & Linda Tamosuinas , 1525 Long Lake Boulevard,
requests variances for lot width, lot area, rear yard setback to redevelop the property with
a new single family home.
Paul Vogstrom on behalf of William & Sue Dunkley, 2709 Walters Port Lane, requests
approval of average lakeshore setback, lake setback and hardcover within 75-feet of the
OHWL variances in order to construct an addition to the existing home; and a variance to
permit retaining walls within the 75-foot setback.
Paul Vogstrom on behalf of William & Sue Dunkley, 2710 Pence Lane, requests approval
of an average lakeshore setback variance in order to construct a new home on the
property; and a variance to permit retaining walls within the 75-foot setback.
Jan Gasterland , 1920 Shadywood Road, requests variances for lot width , lot area , rear
yard setback, side yard setback, hardcover which exceeds 25%, and structural coverage
which exceeds 20% in order to construct a new, detached garage .
SML Electrical, Inc. on behalf of Bridgewater Bank, 2445 Shadywood Road, requests
approval of a variance to allow a pole sign 15'8" within 10 feet of the property line where
a monument sign a maximum of 10 feet in height and 10 feet setback is required.
Kelly Hanson, 1284 Wildhurst Trail, requests approval of a conditional use permit in order
to install a permanent dock.
Scott Knutson, 795 Ferndale Road North, requests a variance from the required 50 foot
rear yard setback for an addition to a single family home 15 feet from the rear lot line .
Alexander Design Group on behalf of Travis Hansberger, 1720 Shadywood Road,
requests variances for lot width, lot area, rear yard setback, and hardcover in excess of
25% to redevelop the property with a new single family home.
Kimberly Schettler, 2740 Shadywood Road, requests after-the-fact variances to permit a
new screen porch , constructed without permits, to encroach as close as 72 feet to the lake
where a 75-foot setback is required; and up to 20 feet lakeward of the average lakeshore
setback. The porch results in hardcover and structure within the 75-foot setback where no
structure or hardcover is permitted.
17-3980 Shawn Wischmeier, 540 Big Island, requests approval of a variance to permit an
encroachment into the required 10-foot separation between buildings for a storage
building.
All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and
is subject to change prior to the hearings. Written comments are accepted and should be submitted to
the City of Orono by October 10, 2017 if possible. Interested persons may review the applications and
proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For
an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
To be published in The Laker & The Pioneer Newspapers on September 30, 2017.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
2
RUN DA TE: 09/28/2017
38 22-117-23 31 0001
FA US FAMILY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
38IOYORKAVES
MPLS MN 55410
38 22-117-23 42 0001
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
S WlSCHMEIER & K WlSCHMEIER
540 BIG ISLAND
ORONO MN 55331
SHAWN WISCHMEIER
KELLY WlSCHMEIER
2851 WASHTA BAY RD
EXCELSIOR MN 55331
38 22-117-23 42 0002
GERALD A ERJCKSON JR ET AL
38 ADDRESS UNASSIGNED
ORONO MN 00000
GERALD A ERJCKSON JR
4567 AMERJCAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-2342 0021
BIG ISLAND INC
520 BIG ISLAND
ORONO MN 55331
BIG ISLAND INC
PO BOX 188
EXCELSIOR MN 55331
Hennepin County has developed electronic forms of certain property information databases . Hennepin County makes reasonable efforts to produce
and publish the most current property information available . The viewer should understand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or completeness of the information contained herein.
PAGE: 1
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 1 : EXISTING HARDCOVER
In the following table identify .fill. items of existing hardcover on the property , keyed by letter to Certificate of
Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing
hardcover status of the property . For Tier 1 properties, identify any features by letter which are split at the
75 ' setback line and calculate hardcover square footage separately for each portion.
Key to Hardcover Item (Describe) Length X Width Total
Survey (SQuare Feet)
(Example) (Garaoe) (24' X 30') (720 S.F.)
A Ll."v<,1 I 2.1.f 0 S.F.
B j) ....... t,\.. ij l{l.{ S.F.
C c ...... ~l•'--sr S.F.
D be..,I, (Eoit '<.h-,") Zr~ S.F.
E rn1oe,..
.,
\ l 2... S.F.
F ~"'-t..::l. 1-r S.F.
G <; l..-Dt ,.r S.F.
H I S.F .
I S.F.
J S.F.
K S.F.
L S.F.
M S.F.
N S.F.
0 S.F.
p S.F.
Q S .F .
R S .F .
s S.F.
T S.F.
u S.F.
V S.F.
w S.F.
X S .F .
y S .F.
z S .F .
(1) Total Existing Hardcover 21"1 '<-S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S .F .
S.F.
S.F.
(2) Total Excludable Hardcover c:J S.F.
(3) Net Existing Hardcover [Subtract line (2) from line (1 )l 'Zl f=I-S.F.
(4) Total Lot Area ,., f, (aftg S.F.
Proposed Hardcover Percentage [(3)+(4)] l· '1</ %
(Proposed Hardcover next page)
RECEIVED
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the infor~ffn 2 nfli:/IJJ1,i~rein ;
however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
CITY OF Page B of 9 ORONO
City of Orono
Hardcover Calculation Worksheet
Property Address : ~ ~ 0 g r 6 ls r, f\::N b
Prepared by (G...\o\ t)e',,jk @.,:tcf (..,,b,, ~A=) Date ___ _
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
S~p2:PROP0SEDHARDC0VER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are
intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as
necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify
any features by letter which are split at the 75' setback line and calculate hardcover square footage
I f h . separate"' or eac portion .
Keyto Hardcover Item (Describe) Survey
(Example) (Garage)
A U-b.J~ ofl...J..
B 0 ......... 1... ~wJ..
C (\Mui I cl ... ~ .........
D h-~c... ... ~ ~
E '""""''-· ,~~
F < .:. ... d. . ., __
G (41"1!\. "!tr'
H I ., • I G-ltt.ro.A ,&.. \ WOoO<;'t....A)
J I ~
K
L
M
N
0
p
Q
R
s
T
u
V
w
X
y
z
( 1) Total Proposed Hardcover
Excludable Hardcover (See City Code Sec 78-1684):
(2) Total Excludable Hardcover
/3) Net Proposed Hardcover [Subtract line (2) from line (1 )]
(4) Total Lot Area
Proposed Hardcover Percentage
Length X Width
(24' X 30')
C (3) + (4) I
Total
(Square Feet)
/720 S.F.)
I '2..,0 S.F .
"1/r./ S.F.
~.r S.F. zr,_ S.F.
11 z.. S.F.
7f-.r S .F .
~r S .F .
S.F.
"240 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.
S.F.
S .F .
'Z.. '1 ~ -t-S .F.
S.F.
S .F.
S .F .
S.F.
S .F.
t, S .F.
'2. &/\ t" S .F.
i 'i 'iiC, la0$1 S .F.
(.(o~ %
RECEIVED
SEP 2 8 2017
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the inform~t,iU/1Q d
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Ur ORONO
Page 9of 9
City of Orono
Hardcover Calculation Works heet
Property Address:
Prepared by: Date: 5-12 -17
Stormwater Quality Overlay District Tier: (Circle one) ~ Tie r 2 Tier 3 Tier 4 Tier 5
Step 2: eggpOSE[)~
In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added . Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at
the 75' setback line and calculate hardcover square footage separately for each portion.
Keyto Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Example) (Garaoe) (24' X 30') (720 S.F.)
A Nau,€" ( PIG ;,.,,;-,;:.,.• /2Y C:, S.F.
B Ji? e,, It C J.I ,~ Y'-11~ S.F.
C Co/Jc IJ.Jl'f /I ~,c;-S.F .
D J)t=C!..,. r F. )( ,' r s;r ' A ,,c:;:} 2.5 ({ S.F.
E f'nYC. ( />it ,.,;e;J I?' L1 \ ,n :t. S.F.
F ..rll€b (t;)o r -r;.vtT 1 7 S S.F.
G rr~;; r ( PA.J"t:. re11 'i ~s S.F.
H ~ S.F.
I S.F.
J . S.F .
K I I I I , S.F.
L ,.I\., .. -S.F.
M r. , . ,I l I " S.F.
N l \AI\AV l, S.F.
0 / lf\11' .... I I "" S.F.
p / I • .. t\l, S.F.
Q A .a~ I .
1 A\I\T S.F.
R \ ,n, r u•1• S.F.
s X V ~ • \WI S.F .
T . \ . jl\JI ,, S.F .
u I \ ... Utl, .\ I S.F .
V .. \,\"ti"' ' S.F .
w V\!t S.F.
X ' S.F.
y S.F .
z S.F.
(1) Total Prooosed Hardcover 2 117 S.F.
Excludable Hardcover (See Cltv Code Sec 78-1684):
S.F .
S.F.
S.F.
S.F .
S.F.
(2) Total Excludable Hardcover 0 S.F.
(3) Net Prooosed Hardcover [Subtract line (2) from line (1 )1 2J "J7 S.F.
(4) TotatLotArea 1~8 ({O'iJ S.F.
Proposed Hardcover Percentage [ (3) + (4 )) /. 418 %
Subdivision Application· January 2016 This is an information packet regarding Hardcover. Every effort has been made to
ensure the accuracy of the information contained herein; however, if any information is
not consistent with provisions of the City Code, the Code provisions will prevail.
Page 19
City of Orono
Variance Pre-Application
Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.)
~-------·---------------------------------
For Office Use Only :
City Planner: Meeting Date/Time:
PC Date: ____________ _ Met with:
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and
requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal.
PROPERTY INFORMATIOf'il: , -r-l \
Site Address: ~ "i O B_._,rn+--".>~S_'i~'1~~~---:cc---=---,---,-----=---------
Property Identification Number (PIN):V 'Z. 'L-111'-z~ -a®-~'---------·
Zoning District: fl.5 Size of Property: -~ ,1. Ac.V c {
DESCRIPTION OF VARIANCE REQUEST:
D Average Setback D Side Yard Setback D _Rear Yard Setback D Lake/Front Yard Setback
D Hardcover , , D Lo Covera?,l D Lot Area D Lot Width
~ Other: .luti.,tll 1_1.!(i-+-1-...... ~f_,_,~.._,.· !<"+-'h'-""'iM'-'---~1£J£6.I-',..',,,_._· -----
tJf:~il~~nt's ~ti\-PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical
1------h....=::,,,,....-~ Difficulties Documentation Form , understands it as it has been explained to them , and is
Property ware that it must be completed and submitted in conjunction with their formal variance
Owner's application.
Initials:
Applicant's
Initials:
Property
Owner's
Initials:
BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses incurred
in review of this application and/or additional staff time not covered in initial application fee ,
as well as provide an escrow in the amount of$ to guarantee payment of the
~ve .
*Please note: Your varian pplica · n will NOT be a cepted without a pre-appl ication meeting during which this
form will be completed by City s ff
Applicant Signatu
Variance Application -January 2017
Page3
Date:~-
Date:~
# 3980
R ECE IVED
SEP 2 0 iUl t
C11Y OF ORONO
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address:
P.O . Box66
Crystal Bay, MN 55323-0066
Application #
Date Received:
Staff :
Fee :
Escrow:
Notes :
APPLICANT INFORMATl~N: 0 check hpre if Applicant address should be used for billing
Applicant: ~Y\!llW~ vJ,~i
Phone (Primary): q1 9 -':i '-1 ~ ...f~
Mailing Address: -z. ,st . w Q ~h.b _lbi.i!'l =, City: Gvc,\c,/ r:· ZIP: 5 .£D r
Email : Su.1 ~tL.~.:--'~~,_11 ..... h'--'-< ..... iJ ..... h\c.ic.\----·------------------
PROPERTY OWNER INFORMATION: Zcheck here if Property Owner is same as applicant
D check here if Property Owner address should be used for billing
Name:
Phone (Primary):
Mailing Address : Cit : ZIP:
Email :
APPLICANT AND/OR PROPERTY OWNER:
•
•
•
Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and property owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so , the
staff has no alternative but to reject It until it is complete or to recommend the request for denial of the request regardless
of its potential merit.
The Property Owner hereby acknowledges and agrees to this application and further autho r izes reasonable entry onto the
property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification
of this request.
Property Owner and/or Applicant ackn ctledge they must be present at all scheduled review meetings of the Planning
Commission and Council. If an appli c/nt and/or prope y owner is unable to attend a sch eduled meeting , please make
arrangements to have an authorized epresentative end in place of the appl icant/owner and advise the City Planner
assigned to your project .
Information will be d istributed
Applicant Signature:
Applicant Signatu re : Date:
Property Owner Signature : Date:
Property Owner Signature: Date: RECEIVED
Variance Application -January 2017
Page4 SEP 2 0 Z01 I
:r 3 9 80 CITY OF ORONO
CITY OF ORONO
26 September 2017
Shawn Wischmeier
2851 Washta Bay Rd
Excelsior, MN 55331
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application #17-3980
Stre e t Address:
2750 Kelley Parkway
Orono, MN 55356 I
Mailing Address: I
P.O. Box 66
Crystal Bay, MN 55323
Sent via Email
Telephone (952) 249-4600
Fax (952) 249-4616
www.ci.orono.mn.us
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for a variance for property located at 540 Big Island. Below is a list of items the City of Orono is
requesting to complete our review.
1. Certified Site Plan. Two (2) original scaled copies of the certified site plan , as well as a digital copy
meeting the enclosed Site Plan requirements, and specifically indicating the following:
a. The existing structures and/or improvements on the property, and
b. All existing and proposed hardcover.
2. Hardcover Calculations . All proposed hardcover shall be calculated on the hardcover worksheets
that are enclosed. The hardcover calculations must be completed by your surveyor.
3. Escrow Agreement. This project requires submittal of an application escrow in the amount of $700;
we currently hold a $2500 escrow related to your building permit. No additional funds will be
required. However, please complete the attached escrow agreement and submit.
4 . Certified Property Owners List. Certified list of property owners within 350 feet of the subject
property, labels, and plat map must be submitted. The list, labels, and map must be printed by the
applicant by following the attached instructions .
Application #17-3980 is incomplete. If you wish to proceed with your application please submit the items
requested above by Tuesday, October 3rd in order to remain on the October 161h Planning Commission
agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any
questions.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Attachments: Certified property owner list instructions, Site plan requirements, Escrow agreement,
Hardcover worksheets
copies: Dan Murphy
7 . "The Board or Council may permit as a variance the temporary use of a
single-family dwelling as a two-family dwelling"
The proposed/existing will only be used as a single-family dwelling.
8. "The special conditions applying to the structure or land in question are
peculiar to such property or immediate adjoining property"
The adjoining properties are not visible and will not be affected
9. 'The conditions do not apply generally to other land or structures in the
district in which said land is located"
NA
10. 'The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant"
Yes, by grouping the structures we are prese,ving the natural beauty of
the land.
11 . "The granting of the proposed variance will not in any way impair health,
safety, comfort, morals or in any other respect be contrary to the intent of
the Zoning Code"
There will be no adverse affect
12 . "The granting of such variance will not merely serve as a convenience to
the applicant, but is necessary to alleviate demonstrable difficulty"
Without creating a visual affect from the lake there is no other location
applicable.
Practical Difficulties Statement:
Should you feel the practical difficulties cannot fully be described in the
above criteria, describe the practical difficulties compliance with Zoning
Ordinance requirements in the following lines (attach additional sheets if
necessary)
# 3980
RECEIVED
SEP 2 0 zu ·11
ClTY OF ORONO
RUN DATE: 09/28/2017
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
550 BIG ISLAND
ORONO MN 55331
FAUS FAMILY INVESTMENTS LP
3810 YORK AVES
MPLS MN 554 10
38 22-117-23 42 0001
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
S WISCHMEIER & K WISCHMEIER
540 BIG ISLAND
ORONO MN 55331
SHAWN WISCHMEIER
KELLY WISCHMEIER
2851 WASHTA BAY RD
EXCELSIOR MN 55331
38 22-117-23 42 0002
GERALD A ERICKSON JR ET AL
38 ADDRESS UNASSIGNED
ORONO MN 00000
GERALD A ERICKSON JR
4567 AMERICAN BLVD W
MINNEAPOLIS MN 55437
38 22-117-23 42 0021
BIG ISLAND INC
520 BIG ISLAND
ORONO MN 55331
BIG ISLAND INC
PO BOX 188
EXCELSIOR MN 55331
Hennepin County has developed electronic fonns of certain property infonnation databases. Hennepin County makes reasonable efforts to produce
and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no
representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy
and/or comp leteness of the infom1ation contained herein.
PAGE: 1
H Hennepin County Locate & Notify Map
Date: 9/28/2017
(1)
•• • •• •••• •••
Buffer Size: 350 feet
Map Comments:
540 Big Island
•••• •• • •••• • •••••••••••••
0
I
(2)
••• • •••••••
60 120
I
240 fl
I
This data (i) is furnished 'AS IS ' with no representation as to
completeness or accuracy; (i i) is furn ished with no warranty of any
kind ; and (ii i) is notsuitable for legal , eng in eering or surveying
purposes. Hennepin County shall not be liable for any damage, inj ury
or loss resulting from this data .
For more information , contact Hennep in County GIS Office
300 6th Street South , Minneapol is, MN 55487 / gis .i nfo@hennepin.u s
38 22-117-23 31 0001
FAUS FAMILY INVESTMENTS LP
3810 YORK A VE S
MPLS MN 55410
38 22-117-23 42 0001
SHAWN WISCHMEIER
KELLY WISCHMEIER
2851 WASHTA BAY RD
EXCELSIOR MN 55331
38 22-117-23 42 0002
GERALD A ERICKSON JR
4567 AMERICAN BL VD W
MINNEAPOLIS MN 55437
38 22-117-23 42 0021
BIG ISLAND INC
PO BOX 188
EXCELSIOR MN 55331
' I I I / I '\ \>, \ ·. \,~ -.. ... .. ' / / I I ' I \ ' \. \ ' \ \'. \
I · / J ' // • -· ,_,9l"'Y, ".. \\ '..n, ,j;\ \ DRAWING INDEX
,._.. I 1/ , I , cf)>J \ ' ,'. ~-\ ,p\\ \
, '-, ' ;/ I I / •. -}, . , ~ \ \ ·?.,\\ \ I. SITE PLAN
,,_ • ... -I I / I I --/ ' ~ ·. ·, ·~ ,, \\ 2. rotJNDATION 4 FRAMING PLAN
/ ', ,/;! I / / -::;"? / ' \ \. , \ <& \ \ 3. FIRST FLOOR PLAN 4 FRAMING PLAN
'-1 t / ____ ~----······-----~ \ \ \ ' , ., ~ \\ \:,, 4 , SECOND FLOOR PLAN 4 ROOF PLAN .... >-.. _1 1 t: i1 , r 7 ~65 _ -r ---r_,.,,), \ 1 , \ \ ~ \\ '\\\ s. INTERIOR ELEVATIONS .. . ;;.. 1 , , _ . -: ·1 (j \ , , 1 . ,'$ \\ ~ G, INTERIOR ELEVATIONS
I "•· I .--! I \ \ \ '<It~. 7 SECTIONS
I I .j -f-RfSERV!'A= ! I \ \ \ ~~! \ 8. SECTIONS :::,,_ .-. / / 1' I j / 0 ....-J.-,-.... I I ' \ I \ "' \ 9. 1YP WALL SECTIONS
', \ '1 I/ 0 ..-Sllb ! I \ I 'i '. \ \\ 10. EXrERIOR ELEVATIONS 'f;.. I I I 1, .,,= #4 0 ! I I I \ \ ' ,~-ELECTRICAL PLANS
I \, 1
1
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" I I / ( 0 , -'\ ' \ \ ,,...,,... ~ \ \ ,, / \ '\ ~ I_ / SB4 ,-I \ \...-_..;..--\ \ '-'\ 'NOTE, AU. II' X 17' COMES ARC Rf!JUCED 50'I, (HALF 5CAU' ), I \ \, I\ / "' \ ---'-_ __::,__.:i.,~-, \ \ ~' ',, 'NOTE ,AU.MEA5UREMENT5T061'51TVfr</flEDBYCONTRAC1'• ..; \. \ \ \ / "' -----I \ \ _ . , . ,-,-, >_..-\ FER ro swecnoos SCHEDU\l'. rOR COMl'tm: usr or l
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LAKE MINNETONKA (/)
PROJECf NORTH
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hbliltjl a'l"JJ I f tl!lh!hl
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17-209
FOUNDATION AS-BUILT SURVEY FOR
KE L LY AND SHAWN WISCHMEIER
IN LOTS 1-10 AND VACATED ROADS, KATE B. PLUMMERS SUBDIVISION
OF LOT 2, KITCHEL'$ SUBDIVISION OF GOV'T LOTS 5 & 6 ,
SEC. 22, T. 117 N., R 23 W.
HENNEPIN COUNTY, MINNESOTA
LEGAL DESCRIPTION OF PREMISES :
Lots 1 to 10 Inclusive including the adjoining vacated
Elm Street and Maple Place, alao including the adjoining half
of vacated Linden Street. all in Kate B. Plummar"s Subdivision of
Lot 2, Kitchel's Subdivision of Government Lots 5 & 6, Section
22, Township 117 N., Range 23 W.
Thia survey s hows the boundaries of the above deocrlbed property,
the location of an existing bu11dlng and shed foundation thereon.
It does not purport to show any other Improvements or encroachments.
• : Iron marker found
o : Iron marker set
--"8--: Existing contour line, mean sea level datum
(960.oJ : Existing spot elevation
Bearings shown are baaed upon an aeaumad datum
0 30 60 ill II llll-•1•1-I
SCALE IN FEET
120
I
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'i,
"' w
f..
~
0
z
---
a
0
N
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~
N 86"15'16" E 161.12
/--___ ....
-------
ALL 4 CORNERS
ARE THE SAME \
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',, _ · -g96 , /// I / ;1 ;----.-}: \ \._ '. \ ,~\,, \ I. SITE PLAN >, / / / 1 I ;_i_~:r · 1 " \"'-·, ·\ '\''\\\ 2 . FOUNDATION t FRAMING PLAN
'-, / / / 11 / \ ~', \ <P1 \\ ~ 3. FIRST FLOOR PLAN 4 FRAMING PLAN e >'-; I !':·1 I/ f / 0 1'. ___ .. --.-,, -. \ \ \ \' \ ~ \\ !&\ 4 . SECOND FLOOR. PLAN 4 ROOF PLAN
.938 · : •·· : / 5B5 ..--·: :' -····:, 1, , \, ~ .. \\. 5. INTERIOR ELEVATIONS
, . I :r.> / / -l-1 .,;;;;~-I r/ \ \ \ \ 1 \~~,,~\ ~: ~rg:g~~ELEVATIONS ailiil!li t ~~~ / J ! / 0 __.J--~ \ \ 1 \ I \ \ '\ ~: lYP WALL SECTIONS j!i! J.!i IJ f'li• ..... ,
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1 \ '"' 1.,_1 \ r-------------------------FER.c#3 _ \ ·,. \ ' 1 ----i \ \, \\ \i~. DooR * w1NDow scHEDULE 5i!l,,.~1 1r 1,
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