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Home My WebLink AboutProject PacketA RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-568 FILE NO. 03-2955 WHEREAS, Michael Palm and Shannon Palm, husband and wife (hereinafter "the applicants") are the owners of the property located at 710 Big Island within the City of Orono (hereinafter the "City") and legally described as follows : See attached Exhibit B (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow construction of a new cabin with a footprint which replicates that of the footprint shown on the survey dated September 9, 1935. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2955. 2. The property is located in the RS Seasonal Recreation District, which requires a minimum lot area of five (5) acres. The applicant's property is 2.889 acres in size. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2003 and recommended approval of the average lakeshore setback and lot area variances based on the following findings: a. The lot is situated on a point which causes the entire lot to sit in front of the average lakeshore setback. Page 1 of 5 b. The lot is a legal lot of record and was granted legal buildable status in 1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5 acre zoning district. c. A structure has existed on the lot in the past. d. A structure could not be constructed on the lot without an average lakeshore setback and lot area variance. e. A structure can be built on the lot meeting all other pertinent code requirements. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow construction of a new cabin with a footprint which replicates that of the footprint shown on the survey dated September 9, 1935, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 2. The structure which is constructed on the lot shall generally be in accordance with the footprint shown on the survey dated September 9, 1935 but in no event shall such structure be located nearer than 75' to the OHWL of Lake Minnetonka nor shall hardcover exceed the allowable limits. 3. A current survey and proposed hardcover calculations be submitted with the building permit application for the new structure. 4. 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 within one year of the date of Council approval, or the variance will expire on that date (October 27, 2004). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 2ih day of October, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of ____ ~ 2003 by _____________ , husband of ____________ _ Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this _ day of , 2003 -----by ______________ , wife of ____________ _ Notary Public Page 5 of 5 ::1·. .. ,l· ',. ,, '. ~ /1• .· Ii ,: ··•·· .. , I i , ...... __ ~,., .. :·· l ·, I I/ .... / 'Y '· . EXHIBITB Legal Description to Palm Resolution No. 5068 Orono File No. 03-2955 That part of Government Lot 6, Section 22, Township 117 North, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast comer of said Lot H along the Southerly line thereof to the Southeast comer thereof, which comer is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly comer of Lot T of said addition, vacated, which comer is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the Southeast comer thereof, which comer is marked by a judicial monument; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast comer of said Lot T, to the point of beginning. DESCRIPTION: That part of Government Lot 6 Section 22, Township 117 North, Range 23 West, described as follows: Beginning at the intersection with the east line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence westerly and southerly along the shxe line of said lake, to its intersection with the southerly line extended of Lot H, said addition, vacated; thence southeasterly through a point marked with a judicial monument distant 165 feet from the southeast corner of said Lot H along the southerly line thereof to the southeast corner thereof, which corner is marked by a judicial me 1urnent; thence southeasterly in a straight line to the southwesterly corner of Lot T qf said addition, vacated, which corn1.!r i~; m,:::rk c d by o judicial monument; thence eastkrly along the southerly line of said Lot T to the southeast corner thereof, ·which corner is marked by a judicial monument; thence north along the east line of said addition, vacated, through a point marked with a judicial monument distant 320. feet from said southeast corner of said Lot T, to the point of beginning. · MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7:00 o'clock p.m. *11. #03-2952 GREG TRIPP, 3229C CASCO CIRCLE, VARIANCE - RESOLUTION NO. 5067 1\-Iurphy moved, White seconded, to adopt RESOLUTION NO. 5067, a Resolution granting Average Lakeshore Setback, Hardcover, and Lake Setback Variances to change the roofline and pitch of the roof, add dormers, and improve the overall design aesthetically, subject to the removal of the 128 s.f. wooden stairs on the south side of the home and any plastic/fabric liner from the planting/rock beds on the property located at 3229-C Casco Circle. VOTE: Ayes 4, Nays 0. 12. #03-2954 HO\VARD R. ALTON, III, 1635 CONCORDIA STREET, VARIANCE As the applicants were not present, the Council tabled the application for later discussion: Murphy moved, McMillan seconded, to table Application #03-2954, Howard R. Alton III, 1635 Concordia Street, for later discussion. VOTE: Ayes 4, Nays 0. *13. #03-2955 MICHAEL PALM, 710 BIG ISLAND, VARIANCE -RESOLUTION NO. 5068 . Murphy moved, \Vhite seconded, to adopt RESOLUTION NO. 5068, a Resolution approving the average lakeshore setback and lot area variances to allow construction of a 3-season cabin at 710 Big Island. VOTE: Ayes 4, Nays 0. *14. #03-2956 HOSSNPAT CONSTRUCTION, 849 BROWN ROAD NORTH, VARIAN CE -RESOLUTION NO. 5069 Murphy moved, \Vhite seconded, to adopt RESOLUTION NO. 5069, a Resolution granting a 68' encroachment on the average lakeshore setback to allow the co~struction of a new home at 849 Brown Road North. VOTE: Ayes 4, Nays 0 .. 15.03-2957 JOSEPH THIES, 1180 \VILLOW DRIVE NORTH, VARIANCE- RESOLUTION NO. 5070 Waataja explained that the applicant requests the following v~riances to construct an addition to the home and a detached garage: 1. Rear yard setback variance to allow an attached garage and house addition to be setback 32 feet when 50 feet is required. 2. Rear yard setback variance to allow a deck to be setback 24 feet from the rear property line when 50 feet is required. · 3. Rear yard setback variance to allow a detached garage to be setback 5 feet from the rear property line when 10 feet is required. In summary, W aataj a indicated that the Planning Commission concurred with staffs recommendation on a 4/1 vote to: · PAGE 9 of 16 ROLL MINUTES OF THE ORONO PLA.i"JNING COMMISSION l\1EETING Monday, October 20, 2003 6:00 o 'clock p.m. The Commission met on the above mentioned date with the following members present: Chair Sandra Smith, Commissioners David Rahn, J . Mark Fritzler, Jeanne Mabusth, and Liz Hawn. Representing staff were Planning Director Mike Gaffron, Planners Melanie . Foth and Janice Waataja, Recorder Kristi Anderson and City Council liaison Jim Murphy. Commissioners Cynthia Bremer and Stephanie Zugschwert were absent. Chair Smith called the meeting to order at 6:02 P.M . CONSENT AGENDA *(#1) #03-2941 PAUL CADY, 465 TLTu~HAM ROAD, CO1''DITIONAL USE PERMIT Mabusth moved, Fritzler seconded, to recommend approval of Application #03-2941, Paul Cady, 465 Turnham Road, granting a Conditional Use Permit to construct a barn on a 'through' lot subject to the barn location on the submitted plans. VOTE: Ayes 5, Nays 0. (#2) #03-2952 GREG TRIPP, 3229C CASCO CIRCLE, VARIANCE Removed from the Consent Agenda for further discussion. *(#3) #03-2955 MICHAEL PALM, 710 BIG ISLAND, VARI.A.NCE Mabusth moved, Fritzler seconded , to recommend Approval of Application #03-2955, Michael Palm, 710 Big Island, granting an average lakeshore setback variance and lot area variance to construct a 3-season cabin on the property which sits entirely in front of the average lakeshore setback line. VOTE: Ayes 5, Nays 0. · · *(#4) #03-2956 HOSSl\-PAT CONSTRUCTION, 849 BRO\VN ROAD NORTH, VARIANCE Mabusth moved, Fritzler seconded, to recommend Approval of Application #03-2956, Hossnpat Construction, 849 Brown Road North, granting a 68' encroachment on the average lakeshore setback to construct a new home on the property. VOTE: Ayes 5, Nays 0. Page 1 of29 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Michael Palm 5034 Bruce Place Edina, MN 55424 ZONING FILE: #03-2955 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 29, 2003 COPIES: TYPE OF APPLICATION: Average Lakeshore Setback & Lot Area Variance DATE OF MEETING: October 27, 2003 VOTE: 4 FOR O AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than October 27, 2004. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Date Application Received: 9-17-03 Date Application Considered as Complete: 9-17-03 60-Day Review Period Expires: 11-16-03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Janice Waataja Title: City Planner Administrator Approval: Date: October 27, 2003 Item No.: Agenda Section: Zoning Item Description: #03-2955, Michael Palm, 710 Big Island -Variance Resolution Zoning District: Lot Area: List of Exhibits RS, Seasonal Recreation (5 acre minimum) 2.889 acres (125,845 s.f.) A -Resolution per Planning Commission Recommendation B -PC Action Notice 10-22-03 C -PC Memo and Exhibits of 10-13-03 Application Summary: Applicant requests the following variances to construct a 3-season cabin: 1. Average lakeshore setback variance to construct a home on a property which sits entirely in front of the average lakeshore setback line. 2. Lot area variance to allow a cabin to be constructed on a lot on Big Island where the lot is only 2.889 acres in size and 5 acres is normally required. Planning Commission Recommendation Approval of the average lakeshore setback and lot area variances with an unanimous vote of 5-0. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting average lakeshore setback and lot area variances for 710 Big Island. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-568 FILE NO. 03-2955 WHEREAS, Michael Palm and Shannon Palm, husband and wife (hereinafter "the applicants") are the owners of the property located at 710 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: That part of Government Lot 6, Section 22, Township 117 North, Range 23 West, described as follows: Beginning at the intersection of the east line Recreation Point (now vacated) with the shore of Lake Minnetonka; thence westerly and southerly along the shore line of said lake to its intersection with the southerly line of Lot "H", said addition vacated; thence southeasterly along the southerly line of said Lot "H" to the southeast comer thereof; thence southeasterly in a straight line to the southwesterly corner of Lot "T" of said addition vacated; thence easterly along the southerly line of said Lot "T" to the southeast corner thereof; thence north along the east line of said addition vacated, to the point of beginning, including any accretions. (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow construction of a new cabin with a footprint which replicates that of the footprint shown on the survey dated September 9, 1935. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #03-2955. 2. The property is located in the RS Seasonal Recreation District, which requires a minimum lot area of five (5) acres. The applicant's property is 2.889 acres in size. Page 1 of 6 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2003 and recommended approval of the average lakeshore setback and lot area variances based on the following findings: a. The lot is situated on a point which causes the entire lot to sit in front of the average lakeshore setback. b. The lot is a legal lot of record and was granted legal buildable status in 1983 as Record Lot No. 13. The lot is 2.9 acres in size located in a 5 acre zoning district. c. A structure has existed on the lot in the past. d. A structure could not be constructed on the lot without an average lakeshore setback and lot area variance. e. A structure can be built on the lot meeting all other pertinent code requirements. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 and 78-568 to allow construction of a new cabin with a footprint which replicates that of the footprint shown on the survey dated September 9, 1935, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The structure which is constructed on the lot shall generally be in accordance with the footprint shown on the survey dated September 9, 1935 but in no event shall such structure be located nearer than 75' to the OHWL of Lake Minnetonka nor shall hardcover exceed the allowable limits. 3. A current survey and proposed hardcover calculations be submitted with the building permit application for the new structure. 4. 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 within one year of the date of Council approval, or the variance will expire on that date (October 27, 2004). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 6 Adopted by the Orono City Council on the 2ih day of October, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota ---- municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of ----, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ , 2003 by _______ , husband of _______ , husband and wife. Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this_ day of _____ , 2003 by _______ , wife of _______ , husband and wife. Notary Public Page 6 of 6 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Michael Palm 5034 Bruce Place Edina, MN 55424 ZONING FILE: 03-2955 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 22, 2003 COPIES: !.X.~~ 9_~ ~,?~~-1~,A ~I_q~ ~ _____ Average Lakeshore Setback and Lot Area Variances DATE OF MEETING: October 20, 2003 Planning Commission recommended as follows: Approval of the average lakeshore setback and lot area variance consistent with the following staff recommendation: 1. The structure shall be constructed in accordance with the footprint shown on the survey dated September 9, 1935. 2. A current survey and proposed hardcover calculations be submitted with the building permit application. 3. No other setback or hardcover variances be required. VOTE: 5 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council-Monday, October 27, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Waataja at 952-249-4623. Date Application Received: 9-17-03 Date Application Considered as Complete: 9-17-03 60-Day Review Period Expires: 11-16-03 To: From: Date: Subject: Chair Smith and Planning Commission Members Ron Moorse, City Administrator Janice Waataja, City PlannerJi}J October 13, 2003 03-2955, Michael Palm, 710 Big Island -Average Lakeshore Setback Variance -Public Hearing Zoning District: RS, Seasonal Recreation 2.889 acres (125,845 s.f.) Lot Area: #03-2955 October 20, 2003 Page 1 of5 Application Summary: Applicant requests the following variances to construct a 3- season cabin: 1. Average lakeshore setback variance to construct a home on a property which sits entirely in front of the average lakeshore setback line. 2. Lot area variance to allow a cabin to be constructed on a lot on Big Island where the lot is only 2.889 acres in size and 5 acres is normally required. Staff Recommendation: Staff recommendations: 1. Approval of the average lakeshore setback variance to allow a 3-season cabin to be constructed on a property which sits entirely in front of the average lakeshore setback line. 2. Approval of the lot area variance as the property is a legal lot a record and no structure could be built on the property without a lot area variance. Pertinent Zoning Ordinance Sections Section 78-1279: Placement of structures on lots. Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Section 78-568: Lot area requirements. Within any RS seasonal recreational district, no new lot or parcel shall be created less than 5.0 acres in dry-buildable lot area exclusive of designated wetlands ... List of Exhibits Exhibit A: Application Exhibit B: Survey/Site Plan Exhibit C: Topography Map Exhibit D: Elevation of Proposed Structure Exhibit E: Aerial Photograph Exhibit F: Photographs Exhibit G: Plat Map Exhibit H: Property Owners List LOT ANALYSIS WORSHEET #03-2955 October 20, 2003 Page 2 of5 All setbacks are approximates. A current survey will be required in conjunction with the building permit application and all required setbacks must be met. The applicant is proposing to mirror the structure that existed in 1935, which is the structure shown on the submitted survey. The setbacks and lot information below was taken from the submitted survey, dated September 9, 1935, and are subject to change slightly but in no circumstance will variances be granted to these requirements. The applicant has proposed a cabin of the same footprint indicated on the submitted survey (approximately 1,880 s.f.). Lot Area/Width: RS Lot Area Lot Width Required 217,800 s.f. (5 acres) 50' Actual 2.889 s.f. (125,849 acres) 539' Setbacks: RS Required Existing Proposed Front n/a n/a n/a Rear n/a n/a n/a Left Side 50' n/a ~100' Right Side 50' n/a ~250' Lakeshore 75' n/a ~75' Average Lakeshore 385' n/a ~90' Structural Coverage: #03-2955 October 20, 2003 Page 3 of5 The property is not subject to structural coverage requirements as it is over 1.99 acres, in accordance with Section 78-1403. Hardcover Calculations: No hardcover currently exists on the property other than the old foundation from the previous cabin. The applicant has indicated that he will build around this foundation but follow the same footprint as the old cabin indicated on the submitted survey from 193 5. From the submitted survey it appears that the cabin is located exclusively in the 75-250' zone and no structure or hardcover exists in the 0-75' zone. The building footprint on the submitted survey meets all hardcover requirements for the 75-250' zone. The second residence located on the southern property boundary and the ice house ( shown on the 1935 survey) no longer exists on the property and the applicant has indicated that he will only be constructing the cabin. Under no circumstances will hardcover variances be permitted and the applicant must submit hardcover calculations with the building permit application. Average Lakeshore Setback Variance The property is located on a point on the north western side of Big Island. The configuration of the property and location of the homes to the east and west of the subject property put the subject's property entirely within the average lakeshore setback as shown in Exhibit C. The applicant would not be allowed to construct any structure on the property if an average lakeshore setback variance wasn't granted. The proposed structure would encroach approximately 150 feet into the average lakeshore setback. Lot Area Variance Currently, no structures exist on site. Because the applicant is proposing to build a cabin and the property is under the 5.0 acre minimum a variance is required to build. The lot is a legal lot of record and therefore buildable. Further, it was granted buildable status as part of the creation of the RS District in 1983 (Section 78-568 (b), Record Lot No. 13). Hardship Statement Applicant has provided a brief hardship statement in Exhibit A, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and we/fare 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 undue hardship 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 keep inf! with the spirit and intent of the Orono Zoninf! Code. #03-2955 October 20, 2003 Page 4 of5 Staff finds that a hardship exists merely in the configuration of the applicant's property and the property to the east. The applicant's property is located on a point putting the entire property in the average lakeshore setback. Also, the property to the east is very large (17.5 acres) with the home having over a 500' setback. Staff also finds that a hardship exists for approval of the lot area variance. This variance is routine when properties are rebuilt. This approval would be subject to the proposed structure meeting all other setback and hardcover regulations. Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." A structure could not be built on this property without the requested variances. The lot is a legal lot of record and therefore the applicant should be able to build on the lot. Also, a structure could not be built anywhere on the lot without approval of an average lakeshore setback. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The configuration of the property and the surrounding properties, and that the property is located on a point creates unique hardship not created by the landowner. 3. "The variance, if granted, will not alter the essential character of the locality." A variance will not alter the essential character of the locality. The applicant is proposing a 3-season cabin for summer use only which is the usual use on Big Island. Also, the applicant is proposing the mirror the cabin that existed in the 1930 's falling within the character of Big Island. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable 6. "The Board of Appeals and Adjustments 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." A residential structure/cabin is permitted in the RS Zoning District. #03-2955 October 20, 2003 Page 5 of5 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." A special condition applying to the land is that the property exists on a point and the configurations of the property to the east cause a very restrictive average lakeshore setback. The special condition applying to the lot area variance is that a structure currently doesn't exist on the lot but has in the past. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." This proposal does not apply generally to other land or structures on Big Island but is common with properties that exist on points. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of the average lakeshore setback and lot area variances are required for the applicant to use his property in an allowed manner. 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." The granting of the proposed variances will not in any way be detrimental to the public or intent of the Zoning Ordinance. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The granting of the variance is necessary for the applicant to build on his property and alleviate demonstrable hardships. Issues for Consideration 1. Is the unique aspect of this property being located on a point enough to justify variance approval? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the average lakeshore setback variance and the lot area variances subject to the following: 1. The structure shall be constructed in accordance with the footprint shown on the survey dated September 9, 2003. 2. A current survey and proposed hardcover calculations be submitted with the building permit application. 3. No other setback or hardcover variances be required. 10J\2-~ EXHIBIT A / \0~\) Application # D 3 "";:;Jq 55 Date Received 9 -/, -03 Amount Paid ~8:)@ CITY OF ORONO -VABJ10~N Initial Application Fe ($50.00 per each a Renewal Variance Fee PLICATION (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 110 b Iv :Ces~D Property Identification Number (P.I.D.) 1-7--\\17 -~3-Z-4 0003 \ Attach legal description to application if not\ included on required survey. Date P~ Acquired 't _ ·1-00 z... (month/year) I (do)~ also own the adjacent parcels\ of land. Present use of property: __ r~sidential ~other (specify)~0P!:½L-J)~Na Zoning District: 12,S ~ ~ ~~ \ 1':>TC.lG--r- APPLICANT Phone (homl1sz') q ZL,-44-83 Name Q:'¾,"'Jt~~ Pho~ (work) ~z:q Bl'I -070C..1_. ,fff;~j- Address: ________ ~-~-~~~-~---City: b-t:)pNA-1p: 5542..¾ ~ if. Jti.,,:-~-. -~• .. o,vNER (if different than applicant) Name Phone (home) _______ _ ----------------Phone (work) -------- Address: ------------City: ________ Zip: ___ _ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area X--Setback: Front Lot Width Hardcover Side Rear Lot Coverage~ X Average Lakeshore~ __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or preventing compliance with Zoning Code requirements:_---1.,__-r-..=:--'--'-'-,.-,---'-, ... ~----=~--!...;...;2-.,,_._..L-:=---~~.?-- -n+E__ Nlt- REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. ~ X :t- Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. · The Applicant and Property Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The app Ii cant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature __ ____.::jJ~:....=m~=--Jv\-=--:_~--=~~=~---Date _ ___,_9-+'-\l_._4-+-\0-""'3'--_ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature _j)jDQJJ\, Q.u__ Date '1 \ \ 4\():3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 ;: J ".}' i' I --.:. I .·: ii•··· 't·· :i• .. i· EXHIBITB. \ ' y '·. ,.-, ----Approx11Wttt LoU\-h.OY\ of frl>pe,t:JY ~VMO..Yfe7 tw.a-aop u.,ll~DY~ S6fb~ Ur1t,., X P<(>pYD'iC f~L ~~-tion of 1-J(»J 126W!nl.(..,, Scale in Feet ~00 0 ~ ~?9,ii;;d = Contour Inte:r-val 2' 63 .-i ""'3 ('j NWl/4 SEC. 22 Tl 17N,R23W HENNEPIN COUNTY FOR Orono, Minnesota Date of Photographyt ,-93 ~ HORIZONS, INC. ~ --AERIAL HAPPING PROFESSIONALS RHld City, SO 57709-3134 • (605)343-0280 0PUS2 Minutitnka,HN 55343 • (612)931-9869 HORIZONS' FILE 3-7209 (_ l . . .. ---~ -· -\\ --~ ..• ~.' <\.~.:-· ~ (td:) • EXHIBITG Hennepin County Taxpayer Services Department Sl ~ t~~ 22-117-Z3-@ Sl 30 : ~ Sl 150 ' Sl (6) : Sl 29 -' Sl 1~ ~Sl Sl 15(} 2 Sl ;, 26 ~Sl ~ "KITCHE 'S SUBDIVISION OF GOVE MENT LOTS 5 AND 6 IN SEC ION 22 TOWNSHIP 117RA GE23" (1) f() f ~ ~ '<}' cv LOT4 0~ & S) 0 ~ ~Jarcel Information I '·~arcel ID 2211723240009 ·:) t,J ~-ouse Number 710 Street Name BIG ISLAND This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. RUN DA TE: 9/17/2003 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER HOLIDAY COMPANIES NAME/ADDR 4567 80TH ST W MPLS MN 55437 38 2211723240009 PROP ADDR 710 BIG ISLAND OWNER NAME MICHAEL J WEINER TAXPAYER MICHAEL J WEINER NAME/ADDR 103123RDST CODY WY 82414 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 2211723240006 38 2211723240008 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RECREATION POINT LLC TAXPAYER RECREATION POINT LLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 PROP ADDR 700 BIG ISLAND OWNER NAME RECREATION POINT LLC TAXPAYER RECREATION POINT LLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNlY TAXPAYER SERVICES DEPARTMENT,~~ DATE r-17-&.3 BY OFMY KNOWLEDGE AND BELIEF. a ~ . -~%,!--~~ ) ,G.~~\\ 'lJ\, f), ... ~,.-. ,:\ t{ / ! t.Lc,}u {tl ,(. '" ':}'ff:~'\ {· '\ \\ t ,, ,, \. -··:.~?' G1 /.;.~ '". 'le, ~ ~ ; C·n-,Q""C, ~--),' ~~ = .·.,◄ .ill. 936. 7 X ~ 947.6~ ~o~ 952.5 X ·n Feet Scale , 0 1 0 0 !'5iiiJ""" , ~ I n t e r v a I 2 Contour NWl/4 SEC.J2 T117N,R23 HENNEPIN COUNTY FOR Minnesota Orono, Date of h I 11-10-93 Photograp Y ~HORIZONS,~.:.__ ~ ESSIONALS '-:::: . -n' MAPP I NG PROF 1605l 343-0280 AERIAL 57709-3134 • 2!931-9869 . d CI t y • SD 5 5343 • (61 Rap' t nko,MN OPUS2 H; nne o 7 209 ·H·o-R[ZONS' F[LE 3- C \. I l ! ,· f. 'tlo,.'--· •-• ,," d ~ -/~-:--~;~ .. I ' ., . 1-/tfliJ'S:--~-~~~~ ___ .. ._... . I.·'· .... · .. ·.,.·.··. \ ·•. " -~ ~-~-..... --- .;:,;,.:..·.:., ~ .. :,.. "; ;I,, \. t \ .. .~·v~-\ .• ""I .£1' .. . ·.,,,> ,. . ' ··•· ,. ' · · /'_ · '.,>•;il.i.t};.·=:•. 1 ·., SA ;,,'·a"i: · .. .N.t.· , . -,0.t.. ''.f ''\,. -. ~:·: ·-;_ ~e,K ' ·'. h . \ \ ~ t t r .. ~, r \ \ --l .£) ~ ·• ------' ------- !f --,, _____ ,:; :r £,::,:· . -_ >'L __ n.--., . .--, •tll ~~«:,;J> .,----------->---~- ~i .t£,7/io!{ ·· · .-· ·_-·· ( ........ _ ... _, ._,,. ""'~ ':-£~:-....-...... ._.._..._,,. ,,,,~/ _1 / ... ~ •· >tft' 1 ·~. 't!Juv!pe/7/ ·. : r:---_.:,_ ·.,,i:,~-~~ --}~!~~-'~:: . ,-~~----<~' ~~:,\~:;J,j~~i:--~~~j ___ --- . -::;:c~_ ,·,:;,.;_ ._.. -:•-;· ~~ I / . ./ ----- ' .. ~ -1¥ I :i· . . ;, .. ~, ' ·---.,.:,,_ --~-/ .. ,,..:. -: "-·~. ···\., . ·.•·.~ -~.-.' <" ,. -. : . ~ . ~> .···~.-- ,~-1- . ·~. ' . -. --..: _ __ -· .. ·=-· ----.: __ _ _ ... ---:. , . '~ < \ CITY OF ORONO -VAD-h(I~ffi---APPLICATION Initial Application Fe ($50.00 per each a Renewal Variance Fee (no change from original application) Variance for non-conforming structures $250.00 After-the -Fact Fees (Double application fee) PROPERTY INFORMATION Application # D 3 ,,,. ~q 55 Date Received q -I , -03 Amount Paid As:z_B:) ® Site Address 'l 10 blv -:L~LAr-4I2 Property Identification Number (P.I.D.) Z..1-·-\\'] -'"t.3--z.A QOCB \ Attach legal description to application if not\ included on required survey. Date P~ Acquired "t . ·1..DO 2.., (month/year) I (do)~ also own the adjacent parcels' of land. Pres_ent u~e ~f property: __ r~sidential other (specify)~~Nr>L-J)~.:2 Zonmg D1stnct: · · ~ _ I :!l. :r APPLICANT Name M,c~ VA-VV\ Address: 5'..?34-'P,Tu,x:.£ 'Pl.A:Ll(.... OWNER (if different than applicant) Name Phone (home) _______ _ ---------------Phone (work) _______ _ Address: ------------ VARIANCES REQUIRED Lot Area -X-Setback: Front Lot Width Side City: ________ Zip: ___ _ Hardcover Rear __ Lot Coverage ~ X Average Lakeshore~ __ . 6*er (specify) _______________________ _ HARDSHIPillESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing · compliance with Zoning Code requirements: r -<L< Lor I kl .- ~ •~<?'<>N . ~ ----.--I REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8 ½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that YQYI variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature -------'-L""-IJP~m'-· _AA __ ~--==-==-· --- OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature ,,lllOQ.i/t Q{1__ Date 9' 1\4\cr3 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 --\\ - -- Hennepin County Taxpayer Services Department ZZ-ll7-Z3-@ "KITCHE 'S SUBDIVISION OF GOVE MENT LOTS 5 AND 6 IN SEC ION 22 TOWNSHIP 117 RA GE 23" : ,J arce/ Information '..-··p ·arcel ID 2211723240009 . · '1 j . ~ouse Number 71 0 Street Name BIG ISLAND (1) LOT • This is no t a legally recorded map . It represents a compilation of information and data from City, County, and Sta te road authorities and other sources . L ' ' RUN DATE : 9/17/2003 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER HOLIDAY COMPANIES NAME/ADDR 4567 80TH ST W MPLS MN 55437 38 2211723240009 PROP ADDR 710 BIG ISLAND OWNER NAME MICHAEL J WEINER TAXPAYER MICHAEL J WEINER NAME/ADDR 1031 23RD ST CODY WY 82414 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE : 1 PROPERTY OWNERS LIST 38 2211723240006 38 2211723240008 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RECREATION POINT LLC TAXPAYER RECREATION POINT LLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 PROP ADDR 700 BIG ISLAND OWNER NAME RECREATION POINT LLC TAXPAYER RECREATION POINT LLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 I CERTIFY THAT THE FACTS REPRESENfED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTI-IlS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEOOE AND BELIEF. a DATE r-17-d.3 BY "'~ )(j ~ ~~ '•"' ,;t'£. c·::;,,\ 't.l: ,-,,. ., rtf ;,i 'g 1Lai1sl ... ~q~.., /:'' '•';t'·\ t ~-~ cl \~,,''!, Gi' ... ~,. C~) )~ ~w DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ,c~~ ·N\Uit)~ v~ First Middle Last Address City MJi State 5.54.24 (uz) 811-070 Zip Phan I understand mj)JQQ)/\'eQ!l_ ,; Signature Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete 10 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #03-2955, as mailed to the attached list of property owners. In Wimess Whereof, I have hereunto srnof October, 2003. Denise M. Leskinen J CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 20, 2003, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: I. #02-2858 2. #03-2866 3. #03-2917 4. #03-2923 5. #03-2928 6. #03-2934 7. #03-2935 8. #03-2941 9. #03-2950 Scott Standa, 2659 Casco Point Road, LR-IC zoning district, requests after-the-fact hardcover and setback variances for replacement of a deck located within the 0-75' lakeshore setback zone. Judy and David Zoschke, 2040 Shadywood Road, LR-IC zoning district, have filed for an administrative appeal regarding the removal of hardcover in the 0-75' lakeshore setback zone required by Resolution No. 4929 adopted by the City Council on February 24, 2003. Winfield and Nancy Stephens, 350 Crestview Avenue, LR-IA zoning district, request a variance to permit additions to the existing residence constituting additional structure within 75' of Stubbs Bay Creek where structure or hardcover are normally not allowed; constituting hardcover within the 75'-250' zone in excess of the 25% normally allowed; requesting a :front setback of 30' where a 50' front setback is normally required, a side setback of 1 O' where a 30' setback is normally required, and a rear setback of 30' where a 50' setback is normally required. Stevan Wagner, 3607, 3609 Shoreline Drive, B-1 zoning district, request a commercial site plan review, hardcover variance and sign setback variance to conduct improvements on the site consisting of a remodel and additions. Michael R. Mischke, 1972 Shadywood Road, LR-IC zoning district, requests hardcover, side setback and rear yard setback variances for construction of an attached 2-stall garage and additional living space. Jason Bliss, owner of 3445 Crystal Bay Road, LR-1 C zoning district, requests variances to lot area, lot width, structure setbacks, and hardcover to allow construction of a new residence on the property. Scott and Kara Hutton, 1835 Shadywood Road, LR-IC zoning district, request a hardcover variance to allow a 1 O' x 12' shed in the 0-75' lakeshore setback, replace an existing deck and add a stairway. Paul Cady, 465 Turnham Road, RR-IA zoning district, request a conditional use permit to construct a barn on a through lot. David & Tara Gross, 2635 Countryside Drive \V, RR-lB zoning district, request an after-the-fact side yard setback variance to permit a35' x 65' sport court. 10. 11. 12. 13. 14. 15. 16. 17. #03-2951 #03-2952 #03-2953 #03-2954 #03-2955 #03-2956 #03-2957 #03-2958 Judith & James Pierpont, 1849 and 1801 West Farm Road, LR-IA zoning district, request a subdivision of a lot line rearrangement. Greg Tripp, 3229-C Casco Circle, LR -1 C zoning district, requests hardcover, average setback, front yard and side yard setback variances to re- orient the roof of the existing residence. Raymond & Nylene Newkirk, 1489 Shoreline Drive, LR -IA zoning district, requests lot area, lot wid~ and hardcover variances to construct a new residence on the property. Howard R., ID & Lisa Alton, 1635 Concordia Street, LR -1 C zoning district, request a hardcover variance to add 1,000 square feet of patio within the 7 5 '-250' lakeshore zone, resulting in hardcover in excess of that normally allowed. Michael Palm, 710 Big Island, RS zoning district, requests an average lakeshore setba_ck variance to construct a 700 square foot seasonal dwelling where the entire lot encroaches the defined average lakeshore setback. Hossnpat Construction, 849 Bron--n Road North, RR -lB zoning district, requests a variance to encroach 62' into the average lakeshore setback for the construction of a new home on a lot adjacent to Dickey's Lake. Joseph Thies, 1180 \Villow Drive, RR-IB zoning district, requests side and rear yard setback variances to construct a detached garage. Judd Dayton, owner of 2885 Little Orchard Way, LR-IA zoning district, requests renewal of a variance to allow relocation of an existing barn within a property that has no principal residence structure. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by October 13, 2003. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission !I ~1{CJ_ lv/(_d;t;1,---; /J//f__/V'1()/ -f/y /lj L Gcef/rdyt Mike Gaffron, Plannin~ in{ctor To be published the week of October 4, 2003 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office 2 Navarre Post Office 3 RUN DA TE: 9117/2003 38 2211723240001 PROP ADDR 720 BIG ISLAND OWNER NAME GERALD A ERICKSON JR ET AL TAXPAYER HOLIDAY COMPANIES NAME/ADDR 4567 80TH ST W MPLS MN 55437 38 2211723240009 PROP ADDR 710 BIG ISLAND OWNER NAME MICHAEL J WEINER TAXPAYER MICHAEL J WEINER NAME/ADDR 1031 23RD ST CODY WY 82414 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LISI' 38 2211723240006 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME RECREATION POINT LLC TAXPAYER RECREATION POINT LLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 38 2211723240008 PROP ADDR 700 BIG ISLAND OWNER NAME RECREATION POINT LLC TAXPAYER RECREATIONPOINTLLC NAME/ADDR 3721 KACHINA DRE PHOENIX AZ 85044 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO TH~BEST. DATE r-17-o.3 BY • ---ii''-""-'----......,.,-----.-------- OF MY KNOWLEOOE AND BELIEF. 0 ~~ • PAGE: I ,,r<;P/' ... ~-:.~ )tj ~f,1 (1Dl i.~~~,:.~:if (t/f .(:_:·(' '7)~~~---~ (. ··,,; ,. \. ci C1~:.·.~ .•. '/.;, _)"\ - ::t1;:,. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 20, 2003 , beginning at . 6 :00 p.m. on the matter of reviewing the following land use applications: 1 . #02-2858 Scott Standa, 2659 Casco Point Road, LR-1C zoning district requests after-the-fact hardcover and se t- back variances for replacement of a deck located within the 0-75' lakeshore setback zone . 2. #03-2866 Judy and David Zeschke, 5. #03-2928 Michael R. Mischke, 1972 Shadywood Road , LR-1 C zoning district, requests hardcover, side setback and rear yard setback variances for construction of an attached 2-stall garage and additional living space. · 6. #03-2934 Jason Bliss, owner of 3445 Crystal Bay Road, LR-1 C zoning district, requests variances to lot area, lot width, structure setbacks, and hardcover to allow construction of a new residence on the property. 7. #03-2935 Scott and Kara Hutton, 1835 Shadywood Road, LR-1C zoning district, request a hardcover variance to allow a 10' x 12' shed in the 0 -75' lakeshore setback, replace an existing deck and add a stairway. 2040 Shadywood Road , LR -1 C zo ni ng 8. #03-2941 Paul Cady, 465 Turnham district,have filed for an administrative Road, RR-1 A zoning district, r~uest a appeal regarding the removal of h¥dcqyer -~COfl9ilional use perr11il.!o cons1rud a bam in the 0-75' lakeshore · seiback°-zo ne -on ·a through lot. required by Resolution No. 4929 adopted by the City Council on February 24, 2003. 3 . #03-2917 Winfield and Nancy Stephens, 350 Crestview Avenue, LR-1A zoning district, request a variance to per- mit additions to the existing residence con- stituting additional structure within -75· of Stubbs Bay Creek where structure or hardcover are normally not allowed ; co n- stituting hardcover within the 75'-250' zone in excess of the 25% normally allowed; requesting a front setback of 30' where a 50' front setback is normally required. a side setback of 1 O' where a 30' setback is normally required , and a rear setback of 30' where a 50 ' setback is normally required . 4 . #03-2923 Stevan Wagner, 3607, 3609 Shoreline Drive, 8-1 zoning district, request a commercial site plan review, hardcover variance arid sign setback vari- ance to conduct improvements on the site consisting of a remod~I and additions. 9 . #03-2950 David & Tara Gross, 2635 Countryside Drive W , RR -1 B zoning district, request an after-the-fact side yard setback variance to permit a 35 ' x 65' sport court. 10. #03-2951 Jud ith & James Pierpont, 1849 and 1801 West Farm Road, LR -1A zoning district, request a subdivision of a lot li_ne rearrangement. 11. #03-2952 Greg Tripp , 3229-C Casco Circle, LR -1C zoning district, requests hardcover, average ·setback, front yard and side yard setback variances to re- orient the roof of the existing residence . 12. #03-2953 Raymond & Nylene Newkirk, 1489 Shoreline Drive , LR -1A zoning district, requests lot area, lot width , and hardcover variances to construct a new residence on the property. 13. #03-2954 Howard R., Ill & Lisa Affidavit "'' Publication Alton, 1635 Concordia Street, LR -1 C zoning district, request a hardcover vari- ance to add 1,000 square feet of patio withrl the 75'-250' lakeshore zone, result- ing in hardcover in excess of that nonmally allowed. 14. #03-2955 Michael Palm, 710 Big Island, RS zoning district, requests an average lakeshore setback variance to construct a 700 square foot seasonal dwelling where the entire lot encroaches the defined average lakeshore setback. 15.#03-2956 Hossnpat Construe-lion, 849 Brown Road North, RR -1 B zoning dis:rict, requests a variance to encroach 62" into the average lakeshore setback for the construction of a new home on a lot a~nt to Dickey's Lake. ty of Hennepin. on oath, says that he nd employee of the .per known as THE rnta, and has full h are stated below: omplied with all the ·, qualifications as a ovided by Minnesota and other applicable 16. #03-2957 Joseph Thies, 1180 Willow Drive, RR -1 B zoning district, r~ side and rear yard setback vari-· : • ances to construct a detached garage, ., ,. 1·.:,> e Applications 17. #03-2958 Judd Day1on, owner oi "i 2885 Little Orchard Way, LR-1A zoning district. requests renewal of a variance to allcw relocation of an existing barn within a prq,erty that has no principal residence structure. from the columns of printed and published All persons wishing to be heard are success·1ve weeks. encouraged to attend this meeting . _ W ritten comments are accepted and should be submitted to the City of Orono by October 13, 2003 . Plans are available Jrday for review in the City Offices. For an ai:90intment, please call (952) 249-4600 .. City of Orono _b_e_r ___ 2003, By: Planning Commission I Mike Gaffron, Planning Director ;d and published (Published in The Laker and Pioneer 1cluding Saturday, oa.. 4 . 2003) I I 2003; ) L~ ~ Suscribed and sworn to me on this (~) Lowest classified rate paid by commercial users f or comparable space : $15 .50 per inch. (2 ) Maximum rate allowed by law for above matter: $15 .50 . (3 ) Rate actually charged for above matter: $7 .96 per inch. Each additional successive week : $5.79 . CITY OF ORONO 2750 Kelley Parkway, P.O. Box Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE i The Planning Commission wil public hearings in the Orono C, Chambers at 2780 Kelley Parkw, Monday, October 20, 2003, beginn 6:00 p.m. on the matter of reviewir following land use applications: 1 . #02-2858 Scott Standa, Casco Point Road, LR-1 C zoning c requests after-the-fact hardcover an back variances for replacement of a located within the 0-75' lakeshore se zone. see 2004 Triton Snowmobile Trailers · courtesi, 01 Mullen i 2. #03-2866 Judy and David Zos 2040 Shadywood Road, LR-1 C z, district,have filed for an administI appeal regarding the removal of hard, in the 0-75' lakeshore · setback ., .. required by Resolution No. 4929 ad< by the City Council on February 24, :: 3. #03-2917 Winfield and Stephens, 350 Crestview Avenue, zoning district, request a variance mit additions to the existing residence stituting additional structure within Stubbs Bay Creek where hardcover are normally not allowed; stituting hardcover within the 75'-250' in excess of the 25% normally all requesting a front setback of 30' 50' front setback is normally requ side setback of 1 O' where a 30' set normally required, and a rear setba 30' where a 50' setback is nor required. Manne ·1 ~*tmt~-~~ .• , ~j . -'j ,; ,·.·, . -. . "' \"" ; ). 4. #03-2923 Stevan Wagner, 361 3609 Shoreline Drive, B-1 zoning distr request a commercial site plan revi hardcover variance and sign setback v ance to conduct improvements on the consisting of a remodel and additions. • 0 ~~ -"' -• , ~ ~ ' ,. ~ • .. ":""~,~~ •::¢ -~ -. /.'.<·. ·, --~ ;•' w Affidavit o1 Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the _4 __ day of October 2003, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2003; &it(~ Suscribed and sworn to me on this KRISTI HOLM i~OTARY PUBLIC -MINNESOTA , ""' -° f!.y cc~u;,isfion Expires Jan. 31, 200!1 . ' . e:~~->-•·' ~~a1¥tnfoi'ffi~fo#r"~~---· -~. (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. ~~; i j -·"__:: .. !1" -----~ -CITY of ORONO September 29, 2003 Michael Palm 5034 Bruce Place Edina, MN 55424 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #03-2955 Municipal Offices Mailing Address: P.O. Box 66 CJ)'stal Bay, MN 55323-0066 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 710 Big Island. Our preliminary review indicates that your application is complete. Please be advised that a current survey will be required in conjunction with a building permit, however the submitted survey should suffice for the average lakeshore setback variance. Your application is scheduled to appear before the Planning Commission on Monday, October 20, 2003. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at (952) 249-4623 should you have any questions. Sincerely, City of Orono ~WOAJ . . w . ~ J an1ce aataJ a City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us TRACKING SHEET FILE NO. 03-.2955 staff: J arvw SITE ADDRESS: 710 Big Island Applicant: Michael Palm Address: 5034 Buec Place Edina, MN 55424 Owner: Michael Palm Address: 5034 Bruce Place Edina, MN 55424 Q Meeting with Staff Date: ln}D'7 ~ Application Completed Date: ctl11)01? 60 Day: n \11.i,,l o3 □ Incomplete Notice Sent Date: Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD E1 Property Owners Notified: Date: iO) '-b\ 0? ~ Legal Notice Published Date: \ lo~ PC Meeting(s): ------'O:::.....,c/:::..___.. -=·~::....::..()-1-: ---=Z::.=0-=0----"'3==-------Vote: S -0 ____________ Vote: ______ _ ____________ Vote: ______ _ ~ Notice of PC Action:._---'--/ lJ_:/_z_z-----'j'----0_3 ___________ _ City Council Meeting(s): l-J. i-7. ioo 3 Vote: 4-0 Vote: ------------------ Vote: ------------------ □ Resolution: