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CITY OF ORONO - VARIANCE A1#T1J2 Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) ----------------------------------------------------------- CITY OF MW PROPERTY LOCATION FIMMM OFFICE Site Address /yob �Nr/S �'^"- iO'�'� 0 Ol WN 1W.00 CHO It 200.00 Property Identification Number (P.I.D. ) 09 - // -,;- 33 - oo,, SMCEIPT- THAW YOU N0631 TO C001 901 TI S: 49 Please check one - Property abstract or torrens? 02,1261W Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) ya / - 006 8 Name J-. Phone (work) y; / - 0068 Address: lyo6 �•►+►�: lt%7`. �</ City: Of*A/d Zip: --------------------------------------------------------------------------- ON (if different than applicant) Phone (home) Name Address: Phone (work) City: Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT 08E or PROPERTY Present Zoning District Present Use of Property Residential Other (specify) ------------------------------------- ------------------------------------ DMICRIMON OF RSQOEAT Estimated Construction Cost $ 30, 000 -„So000 Describe requebt in detail. --------------------------------------------------------------------------- •ARIA/CEi RAGOIRED Lot Area Lot Wid i Hardcover Setback Variances ( �` Front Side Rear) Other 1 � r HARDSHIP upscribe undue enforcement of hardship or practical difficulty resulting from strict zoning regulations: --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code ReqL:rements: ---------------------------------------------------------------------------- RNQUIRED SUBMITTALS 1, Completed Application Form (4. Certified Property Owners List of owners within 150' (you must obtain - this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. Stamped, legal sized envelopes (/10) pre -addressed to each of the - names on the above list with no return address (use address labels obtained with property owners list). 4. Certificate of survey including hard^over calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your varlince application is not complete if the above information has not been inciuue`. --------------------------------------------------------- ------------------ Certification by Zoning Department that Variance Applicatio: is complete. Zoning Official's Signature Date APPLICANT'S SIGNATUREf The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied true 1i3�ZbZrect to the best of his/her knowledge. Applicant's Signature - J/ Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the proper+ - by City staff, consultants, agents, Commission membe and Cou -1 %qmb for purposes of investiga- tion and verifipatioe this re at. PT owner's Signature Date Y4Z ------------------------------------------ --------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meeting: 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 unablo to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the [?uildinq & Zcninq Office of this change prior to the meeting. DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "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 inform- ation. 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 refu•-e to supply data but refusal may require that the City deny the permit it 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 regires council �tion to approve, some information nay become public. 5. Yc. have certiin rights under M.S. 15.165 to review ptLvate data on yourself. 6. Your full name, and date of birth are required to process this applic&tion or permit. 2" R-Ta,J . ., L rW u A r t c, , c •. L . Firstmiddle, ry 1�ae.S le'� �3p Last 1,40 Addre s ©; - os-- $- ate o rt(does not apply to building/general permits) Al �/ - oobb Phone I a my.rig is stated a ve. x g r fJ /000� Met /%l�, IOCs►�nwJ o! Tom-. c r�..n.v6 6f1�ti1GL, �-....���ti tom• DTI TPAL,, SIM4*0. u,* st i ti .: v+� �' t_ tic ..�. <.✓ A ii POL itn.[ 4z p i j� 044 W v .5)'1 � /bt Tr`+�c` 4'� i ♦`1I• - if a--i /yGG vf�n, I /:. OE. �.+r,s%�:�s �� �yE �JQ •�� ,�A.t E f c w,u%Xit Ar�jdo.oe-rl W�tit. ICaf r , . .: / ow �///'/y��r h* k xifri�Jil � w .�Cjrl.l �/ W+(jiiY �/ %`W,,r_ tA4 0,4 " t jC. & f _77#0 / '` Vi •Cwt . 0-4-r- ( A. rA^) ' ilk %Y`� II/VCOICOliC I yI+'�►�! '7?y ti $ 1'711N F4. t..::K �.i h, `kA .c ak• IJ �A:.f ii r'1t ff�xv�t l• f�. � �.r��s•l„ I,:��jGff r 410% Ls T/+w,trrJ�., Ctic 'i., •(,. • Tir►ti 4" MA4�, 7;l 1� �.,,i' o'� 77/�: s'-4t vt../lIt L � N,�7s1/ ►s...� �'►�1�Il�i! ��V I� ��- !aG `�ui•v7i ,, Cyr: �.7-+c_I�i� +T�11(. �.1ee�it ! 7�I /P•v!� ^ Mrs r4)A,oA4 IN��J1��j-7q,G N/! rb�r c- • ��, �,;►� ��4. it T EX i,s7AWO �.l•.7 wA4- I0 C 1i G.. TX" c t, / smK oe v w.c 7�/ � /tom •�./ 00/0" 400 ^ky& a/ Ca•A r> �•-ccT�w�, ., vo «L' c� _. _'.-►. r�. r a ,G_ u A T? 7 L, j '; it , J? d �` �rJ.'!C 1�,• -7a wt& E ✓ ! Jam- 6 llL , t �ii�, �! ii ��► - SC. �+I=�'� •1 1 t'� r #wAXWFIU B.4YJ J ` wo 101111o", ,101 ,101 •� {� �� � l�� � /� I g y,Ju.�' t.l �'f� I �� �' t. � a •w� `i �•r.���'',� 0 � r tea-- r I e) � • - sir. q1- fr% . -_ ' •�' .iA , r<t1 /'�/, h,�t ,'� , ,a ' h� �/ \L j �`�,lo •� NO. OI•�4jw RR / \, _ .;_� t , — •r. a '� ,. LAO I a 5 Aoo��`p _ 1 Z24) K r ,ZZ ' ►11') �N A � f - MON- 0 - ; •Yff B ti �• �'o@�r �-: ram•) c•� t A RUN DATE 02/10/88 BATCH 001 38 08-117-23 41 0001 1 PROP ADOR 03200 NORTH SHORE OR OWNER NAME LILLIA14 K BONANDER TAXPAYER LILLIAN K BOIIANOER NAME/ADOR 3200 NORTH SHORE OR WAYZATA MN SS391 38 08-117-23 44 0006 PROP ADOR 03220 BOHtl POINT LA OWNER NAME R A S ALLEN TAXPAYER RICHARD 0 ALLEN NAME/ADDR 3220 SON14S POINT LANE WAYZATA MN SS391 38 09-117-23 33 0002 PROP ADOR 01430 BOHNS POINT PO OWIER NAME WM J LAUER ET AL TRUSTEES �1 TAXPAYER WILLIAM J LAUER NAME/ADDR 15409 WAYZATA BLVD WAYZATA MN 55391 d 38 09-117-23 33 0016 PROP ADOR 03185 NORTH SHORE DR OWNER NAME T i S ENLOW TAXPAYER THOMAS C A SUSAN S ENLOW NAME/ADOR 1165 N SHOPE OR ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFOPMATTON SYSTEM PROPERTY OWIIFRS LIST 38 08-117-23 41 0003 03202 FIOPTH SHORE DR JOHN T MURPHY JR JOHN T MIIPPHY 3,202 NORTH SHORE OR WAYZATA MN SS391 38 09-117-23 32 0011 03188 NOP711 SHORE OR T O ALBERS { R P TO'JPNAT TEPEIICE 0 A ROXANNE ALBERS 3182 YOPTH SHORE OR WAYZATA MN 55391 38 09-117-23 33 0003 OL420 BOHNS POINT RD M A V WAGf-NEP MALTICE J WAGENER 1420 BOHNS POINT ROAD WAYZATA MN 55391 TOTAL BATCH 001 00010 PE?OPT NC P1435401 PAGE 1 36 OJ- W-23 41 0004 03224 NORM SHORE OR OLLIE HOPI( ET AL OLLIE HOPY 5109 JAMES AVE SO NPLS NJ SS419 38 09-117-23 32 0012 03110 1:L`PTH ShORE DR Dd/ALD YHARALSON DO14ALD TI.ARALSOII 3190 NORTH SHORE OR AAQATA f24 55391 38 09-117-23 31 0015 01406 BOHNS POINT RO 8 J LI►IDAHL JR A S B LINDAHL B JOHN LINDAHL 1406 BOHNS POINT ROAD ORONO M4 55391 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCUVATE AND TRUE REPRESENTATION OF I11F VMATION AS IT APF'EAP S THIS DATE ON THE RECORDS OF THE HENIIEPIN COL44TY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST OF MY 104714LEDGE AND BELIEF. OATS I� BT 1 7C1 �Y IW 7 —low I CITY OF ORONO 11OTICS The Planning Commissi-n will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, March 21, 1988 on the matter of the following land use applications: 1 - #1248 Thomas R. Williams, Jr., 4127 Oak Street, seeks renewal of lot area and width variances to allow constr »ction of a new residence. 2 - 11249 Daniel W. Cronen, 2780 Shadywood Road, seeks a hardcover variance within the 75' to 250' setback area to allow a three car garage addition. 3 - #1250 Dana M. Wells, 1397 Orono Lane seeks a side yard setback variance for a two car garage addition. 4 - #1253 B. John Lindahl, Jr, 1406 Aohns Point Road, seeks a street setback variance for the proposed construction of a detached garage. 5 - i1254 Trinity Lurtheran Church, 2060 Sixth Avenue North, seeks a co,.uitional use permit for the expansion of the existing church structure and setback variances for parking and church sign in street yard. 6 - 11256 The Metropolitan waste Control Commission will require conditional use permits and variances for land alteration within the lakeshore protected area and the installation of utility structures within neighborhood areas adjacent to the County Road 51 and 19 intersection. 7 - 41258 John and Kathy Ehlert, 1785 Concordia Street, seeks side and lakeshore setback variances and a variance for a 5 foot encroachment of the f lood plain for an addition to the existing residence. All persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Johne A. Mabusth Building i Zoning Administrator To be published the week of March 7, 1988 NOTICE The PON AW Crnmt► on win hold ^IM Hear" In the Council CnrnOlopre at 1275 ` BWh SrowRow on Mondsr March 21. 1 M on the nllfler of 110 f@aow@tp larld this spps Cali" 1 1248 Thorn" R Walloons, Jr , 4121 Oaf ,Proof, books renewal of lol wa rid wOh of mm" to &low coneMUction of a new reelaartce 2 - 1249 Drosi W CrorMn. 27e0 shedywood Road seeks a hardcover va dMs within the 75 to 250' setback area to doer a tires Car @wept addition 3 - 1250 Diu Itt Weft. 1397 Orono Lane sae" a sift yid setback VWNN* for a two w prga ed+an. 4 - ttU S. JaM LrK N it., 1406 Sohn* POO hid seeks a ttlreet tie" ' vainer" for MM propaaed oonMruciton of a dsiacMd OW We 5. 1254 TrinMy Lutheran Church. 2080 Stern Avtrwe North seeks a-anfNlWnal use porn* for the exprulon of the adNfnp Ch%V0 siruc• two and setback venenc" to per" wo e/krch sky, to Ib@at yard 5 - 125e The klatropostrf Wes Conlrof conwwron we toque@ oonAlMrul use of - and vwuw coe for Trod ldtsrdtm tt OM the is mm I erotscled rose rd Ille I otdeft of uMIMp obuctutoe wlMtrt r0060ka ed areas sd- lecenf to the coat" Road 51 rkd 19 v,fof• tect*n T 12f1S JOM and itrrhr E1Mer1, t 7Sa Opn cord» Sweet a@." fees and rllsfea- ..lack ocrunrss and It vrW+ca for Al 5 toot enCJOSCh- MOM of the Rfod plain for an adaMon to the et tetwp reaidom* Ali pr@oru *!tarp to be howd will appear at tree low Written conw*rw are ss" - ' Ports we eveltCfe for review in the CMy offices City of Orono By Pirwnnp Commission Jewo A MdiNh. Satha Zan" Aa@mils@toor (Prrr000lll111eh*0 to The Lake ano Plork@er an l/rcn� 7 t apn — Affidavit of Publication State of Minnesota. Count; 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, Min- nesota, and has full knowledge of the facts which are stated below A ) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A 02, 331 A 07, and other applicable laws, as amended B.) The printed .1 C f"nnf^ , which is attached wea cut from the columns of sat(: newspaper, and was printed and published once each week for successive weeks It was first published Monday. the % day of 19 and was thereafter printed and published every Monday to and including Monday, the day of 19 r Authorized Agent C Subscribed and sworn to me on this day of -� y ti� e Notary Public Fate Into"Ifiyr/on t owosf class,rted Into ilrfl Dy Carl-OrCtat User. fpf cOmOW4 Utti SQYCe l ' 44 per Mon s Mawrnum rate aac,wed ^y tear for above WM"W 64 fire Per six ^. �Rate sriusity C'tWQW for abwe nurser 64 54 rase inch to h a"Iton ti kumesstve wee• S 1 Q t per +six ^ CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of i1253, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 3rd day of Match, 1988. JaMhe Bosma HARDCOVER C: LCULATION WORKSHEET Setback 2onet (circle ono) 0-75, 75-d50' "LSO-500 :500 - 1000, Existing Hardcover in Zone a. House r') x _ s.f. length width x s.f. x s.f. x s.f. x s.f. b. Garage ' do x s.f. c. Driveway x _ �� s.f. _31} s.f. d. Sidewalk x _ ✓ s.f. x U • .�� s.t. a. Patio/ x • s.f. Deck x f. Landscape Z. x _ • _ s.f. areas �. underlain � x _ s.f. by plastic sherting _ x J 1 s.f. x • s.f. ff/�.� Other �� • J`� s.f. ckv U00. \ �r� x • s,f. N is t�jt � CCU TOTAL EXIS NG "ARDCOVER IN LONE 10 s.f. '11 Existing Itardrover { • _Total Existing Hardcover x 1G0 Lot Area Within ror.e M-litional Pardc-over to lie added in zone: Item Length x Width TOTAL s.f. .�� ���. '•3 x ✓ . 1. J s.f. ' i x • ^� (O s . t . ii `afar Ito 'G 6. / x 6 -S"G a.f TOTAL S.F. TO BE ADDED Existing Pardcover to be Removed, if anys Item c,en th x width _ _9._ _ TOTA" s.f. x G •. t. tyrua rx Mid x ?�, s.t. x a.t. TOTAL S.F. TO BE REMOVED i (3) Fi!ial Hardcover Proposals [Line (1) • Line (2) -Line (3)) • MIDI ♦ ! �,� _ �`�. i •�.�� 9.1. (4 Existing To be Added To be Fetroved F.na1 Proposed Hardcover { e Line (4) x Un J %I `• � x lOU •0�1,� {� Line (1) HARDCOVER CALCULATION WORKSITEET Setback Eone: (circle one) 0-75' 7S-250' L50-500, 500-1c0n, Existing Hardcover in 'one a. House x • s.f. length width • 9.f. x • s.f. x s.f. X • R.f. b. Garay x • s.f. c. Driveway x _ . a.f. x _s.f. d. Sidewalk x a f. x • n.f. X • ..f. e. Patio/ x • ------ s.f. Deck- -- ------ - X s.f. f. Landscape x . --------- S.f. . areas underlain x s.f. by plastic sheeting X a.f. x s.f. f. Other x • s.f. TOTAI F! : ST'NC: I'APnr^t'FP i' ^CN£ Existing Hardcover I • Total Existing Hardcover x 100 lot Area Within Zone e.[. x 100 • s.f. t Item Length x Width • TOTAL s.f. x • s.t . x s.f. ----- x s.f. x • S.f. TOTAL S.F. TO RF. ADDI'D Fxistirg--HH///ardcover to be PoTcved, if .ny: Item Len tq-h x Width TOTAL s.f. x S.f. x s.f. — - — — x t.f. x s.f. TfIAL S.F. TO PE REMOVED (3) F`.��al Hardcover Proposal: [Line (1) • Line (2) -Line (3)) i s.f. (4) Existing To bc• Added To I Removed Firal Protore,l Hardcorrr s . Iinr (a) x 100 s.f. x Ic", • ,� line (1) s.f. — �'� f R LATIOM AM MORRSKRMT A.#RDCOJ�RDINAIICE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious sur!aces ('hardcover') such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris parried into the lake from highly urbanised areas have a detrimental impact on the quality of water in the lake. The intent of Orono's dinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. s. HAXDCOVRR SRTRAC>< ZONES - PERCRNTAGR ALLOWED I. 0-751: in the area within 75' of the lakeshore, No eardeover is allowed (01). -- II. 75-2S0'x in the portion of the lot to^ated between 75' and 250' from the lake, 230 of that portion of the lot may be hardcovered. III. 250-S00't in the portion of the lot located between 250' and 500' feet from the lake 30 • of that portion of the lot may be hardcovered. TV. 500-1,000': in the portion of the lot lot-ated between 500' and 1,0W' feet from the lake IS of that portion of the lot may be hardcovered. ::0TE3 These regulations apply even if you have a lot that does not abut the lake but is within a lakeshore zoning district. 2. HOW TO DRTRRMINR LOT AREA WTTWIN EACH SE ZONE (To he used as denominator in all hardcover percentage calculations) I. 0-75' Zone Area - 75' x (Average width J lot in 0-75' zonel 1 measure parallel to shoreline f 75, x _ ft. s.f. (1) (Aig width) Area of 0-75' zone II. 75-250' Zone Area - (175'or avg lot depth in zone) xIAvg width of lot in 75-150' zone' measure parallel to shoreline 175, x ft. s.f. (2) (Avg width) Area of 75-250' zone III. DSO-S00' Zone Area - (250' or avg lot depth in zone) x(Avg width of lot in 250-500, zone` measure parallel to shoreline J 250' x _ ft. - s.f. (3) (Avg width) Area of 250-500' zone IV. 500-1,000' Zone Area - (500' or avg lot depth in zone) x!Avg width of lot 4n 500-1000' inne', measure parallel to shoreline 500 x ft. • _� s.t. (41 (Avg width) Area of 500-1,000' :arc D. HARDCOVER CALCULATION SUMMARY A. S. C. D. E. P. Existing Final Lakeshore Existir. Bardcover Proposed Hardcover Allowed Setback Lot Area Hardcovi percentage Hardcover Percentage Hardcover Zone In Zone In Zone B/A)xlOO In Zone (D/A)x100 Percentage 0-75' of of • of • 0 • 75-250' of of • of • 25 • 250-500• of of t of t 30 • 500-1000• A)"Or of "Yel of �S•/ • S�� of a✓ • 35 • HARDCOVER LIMITATIONS cc�f,q Kw^, ��wE DAa9 to RDA O E. OTHER LARESRORE REGULATIONS HARDCOVER INCLUDESt - Structures with roofs - Decks, even it slatted - Sidewalks - Driveways (paved or gravel) - Decorative landscaping areas underlain by plastic sheeting - Tops of retaining walls, rock walls - Any o':her surface that does not allow direct absorption of rainfall into the ground EEC. 10.22, WWWATIO/S VON 'LR-IA*, 'LR-IA-1•, %2-10% 'LR-lce AND •LR-IC-1. OEN FAMILT LA1RNSEORS R=1DRETIAL DIET'RICT. Within any •LR-lA•, LR-lA-10, •LR-ls•, SLR -IC', or •LR-IC-1. One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet and no building stay be located closer to the shoreline than the average distance from the shoreline of existing residence buildtngs on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feet of the shoreline there shall be no greater than 251 hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30• hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 351 hard cover. Subd. 3. Tree Removal Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. �o 5� 4#7 wesi /'Ov &� 6ow i 40� i,^rc,by cortifv that this i'l 3 !lu.. and coll. ,t tA,unclaries of Tract I and th., West 28.5 fret f 26), 11108 of k—lietrar of lWnwpin, *'XLStlI-9 UULIIJAI,qs, if nny, th-re,.m. an I the prorx)s.•j 11•.-it kvis "t ol It io#v not Aurtx-rt to olh:-w , t h.�j, Im.p,. ;.•m.•ntA or 4,n,_r,.J,-hn.rw s. SCAIJ I IA.i 4-ht i4o 5' -was/ /•ac e( Gw / L✓f /, Sec. /. a. 9-!,17-13 ix uridar 1pnc c,fr 1•rac-t lI ' Ind Hth� Wpt:t'rnr .Ind ._t r tr n c f ;+u. •r.,v c,f the 2,i9, (11.•4 „f k, :' i. S t,.,,t c•f 'i'r .irt 11, 12c.71 L.u:.. :;iirVpY �I1etr.tr o[ 9'rtlp�. r,,,1nt•: „f 11r•nn..l,111, vrtj th., lvr,It1„�; ,.t 11: !,•,. �xletlnq tu1111i,.1a. rl any, thprp„n, .url t[W prnposc•d rlc.catran c•C .t prc•f,, i t,u11J>ng. .,.t r'4r p1•rt („ tchr,w c,thp r 1mp1 ,, •..m,,nta c,r pncrnjrhmpnt I.. I'i dT I N 8 SCA!.i OA7r , V 1:i IRALK) H 5 1 . K.L.3. R CV7 HENNETIN COUNTY. MINNI..'.(,';'A �O 51 ROdj CO v 04 1 203 Ev I hereby cerlify that this tit a t-1- J'A -,trort z..pr-,#qs%ntatit-n t-t a .;tj!-V--v tit th" bt,undariop of Tract I and th.. Wt,st NJ., , . " . '.*, . , I..." "t rz,wt 11. R4.91or-1. i I o :;,I r v. 1 269, files of Rt-gistrar of Titles, (*,.,,jj,-,, ,f tionw-pin, and tf.- I ...... t i, existing buildings, if arty, thetre,m, atil th-- prorq,).,Ro.,J 1tvatior, -1 .1 It does not I uryxirt to show other Improv-iments or oncroichmirit :-. ( � i 1 1% . 7,H-)M!W , I?. - .. A' f 3� y W Woo "Tco. fiwysr► owl u1R* M•r �( � E S�GTIoN THpaJ6N t WIMDpWy f`( L'1.►M� r rw" awl cops • 6--co. :uJv64MAI1. --- step. AJOO *I } ;I I' o �. we* 04 ...__ via __.. Q Ct— Y . 4, �(�►C� � lam- P�-h'i rz r ^ram 4'.► }1°Ro frr EL.ev^Tlorj CF►G Ci UPfllaN GARAGE PLANS w 7, lee!" 7 If Li t, Ali covow *so 64 \ �� ,• h{i tapr� 0006.00 'm 4w - Elf r 3t SITE PLAN Oil Road C. "14 6 2- .l I . 291so, - -1 1 or ''1 •� CyPW► c• WOW- 10 siS SAv rx,yr SAWC& ot \ sAw ar,sT• eflw �'*'D rreD �e t t 4r- R°°d Co,,141 3 t aA ?spa ` L2Q3 in P05 beg r'1 ' ` 1 i f. J � •� • ^' TO Ir LAP j,A 11s. s fi Fi 4o. ,{ .r.'r ►�N.�l.wrt^E r..y Jac t --�Z7A q� k �TLffit�i ii, �S "' ••; : • �� ; � I � n ; � d' �t�� ice` J � ... 7 i •ti;;; ii� s ze so Li R- •yvesf /•�►.r .( Gam,. � t .< /, ta. �e✓Ms�ne..•{, Pi+o���.•.a�..! JJ�r �-tielT � !1�I�.1" �n�riPrfS� Qf:✓Oil wN►<•'.IO V��C FA�%A w�,,,/� �71��r/�blrl �rl��/'ia7 FSi'1✓/v Gd //�.i t cxol D L. !-� 31— --- It �5- o �. w 6 cL FNw.a p+N +M `. Rwoep ROo•� � DlCk . Cs�t i II ` y`-0 �I S"c i T4--- ° it QLJ 51.7 -vn --- _ . _... - - . - ... - Lino .hl Resiuenc2 1406 Bohns Point Road Request: An additional setback variance of 4 feet. On Monday (4 April), I staked out the perimeters for - the garage which I had received a 17 foot setback variance from the City Council on 28 March. At this time, I became aware that -- ---.-- -- there was a discrepancy between the Site Plan and the Topography of approximately 5 feet. Examples: _ _• (i) The Site Plan proposes a 48 foot drive from the edge of the dining room flower box to the Bunt of the garage. The Topography calls for 43 feet. (2) The distance from the northwest corner of the existiny g rage to the property iine is28 feet on the Site Plan and 23 feet on the Topo. The Site Master Plan was drawn in fanuary of 1987 by a landscape architect, for the purpose of deve.ioping a workable driveway and landscape design. The plan was to work art —yid existing mature vegetation, maintain the plant screening to the road, and minimize the impact of the project on xXYxXxXxxxx neighbors. The Site Master Flan was then given to an architect in February of this year, for the purpose of designir , a Barge that met our needs and blended in with the existing house. The Topography was done in February of this year, at the request of the city, for the purpose of illustrating the proposed graaa changes in the drive. when i requested the variance I had assumed that all data on the Site Plan was accurate. Conceptually, I am reyuestiny the exact same Site Plan as 1 had proposed before. The yaraye wuulu ue centered between ti:e two large spruce trees (behind anti next to the existing yaraye),aad would not disturb the screening to the roan. However, as a result of incorrect measur,rments, the yaraye »ill now measure two feet shorter in length (34x22). I ha.e enclosed a Site Plan 6ith the exact measare- ments to illustrate the changes. I apologize for this mistake and hupe that you find rkzza this new �,roposal acceptable. B. John Linc,ahl, Jr. 471-UU68 / 414 2 io�� L-04.j - t.� "",.o cQ A*... d .�,..� ��"� �(.,.( � G�,4, ate'" �� r� a�..►.� ��.�....� � � a-�i� L.+�..X— L..e Go-.....�'—,�..—I._ -,yI ..,a.,,., ' LL�p G.y 4..4...,E 3 (9 ' ,l -�. ;I- I -- AAW- � .a„� ?74 ,o— 44.,e C ��ut- � •mot-,�.�..� 3 ���-`,�.7' �"~ I4� Q— sod E - �•••►s� •.�- - "�' 4z C% To: Planning Commission Chairman Kell(--,, Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: March 11, 1988 Subject: 11253 B. John Lindah' Jr., 1406 Bohn's Point Road - Variances - Public Hk_.rcing Zoning District - LR-lB Lot Area = 22,475 s.f. Existing Hardcover = 15.1% Proposed Hardcover = 23.7% Allowed = 35% Pertinent Ordinances Section 10.03, Subdivision 9 (C) - Area of Accessory Structure Allowed = 1,000 s.f. Proposed = 1,086 s.f. (grade floor level 792 s.f., attic area 294 s.f.) Section 10.24, Subdivision 5 (B) - Street Yard Setback Required = 35' Proposed = 18' Variance = 17' or 48% List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Application Property Owners List Plat Map Applicant's Addendum Survey/Site Plan Floor Plan/Elevations Detailed Site Plan/Landscaping Review of Application - The appl•:cant is in the midst of major upgrading of his residence and yard area. Lindahl proposes the removal of the existing accessory shed and detached garage and replace them with a single 22'x36' detached garage with an attic area providin3 much needed storage as the present residence structure lacks storage area. The improvements wi l l also include the widening, lengthing, and regarding �F 30-40' of the severe 20% grade of the entrance drive. Please he careful if you plar to visit this site. Staff had to back out of the dr i . e onto Bohn's Point Road hecau;,e of the length of the City vehicle and the lack of maneuverable area adjacent to present garage. Applicant will replace existing timbers with bolder walls adjacent to the entrance way, the iteeper elevations. The land alterations cannot he connected with the issuance of the building permit of the new garage but it clearly falls under tho 100 cubic y:+rd standard and will require a land alteration permit ;ssued by City staff. Please review Exhibit G, rote that site distance %i 1 1 be pro-tected with plantings of day 1 i l ies and perennia'_s along Bohn's Point Road. The wall wi l l not exceed the present 3-3\' heicht. Zoning File #1253 March 11, ln88 Page 2 of 3 The applicant has asked you to consider a variance setback for the proposed garage citing the following hardships: 1. Limited flat yard area and need to preserve that limited yard area. 2. Interior design of structure and location of view windows would prohibit the attaching of the garage on the east side of the house. 3. Location of mature maple tree within the northeast yard area. 4. Location of neighbor's house at the east side property line. Garage in its propose( location will lessen the impact on the adjacent neighbor. 5. Moving the garage further north providf.. _he much needed turn- around area between the house and garage. 6. There is no visual impact along the County Road because of the mature, dense screening that exists along the roadway and the garage will be installed so as not to disturb the existing screening. At the time of the fi 1 ing of the application, the applicant was not aware that the accessory structure would also require an area variance. In recent applications it has been the City's policy to include not only ground floor area but to also include levels that are inhabitable or usable - 294 s.f. of attic space had to be added to the accessory structure area. The applicant has advised that there is no storage area within the principal structure and that the attic area was needed to provide the ct,irage space. As applicant's addendum points out, the structure has been de igned to blend in with the exiting residential surroundings. The 20' higi structure will be screened by the surrounding natural plantings along the north boundary line. The proposed structure will be constructed of the same f xterior finish as the principal residence (redwood siding). T je City staff has received no commen`s from the neighbors notified for this review. Staff Recomendation - To approve the variances application of B. John Lindahl, Jr. for the residence located at 1406 Bohil's Point Road that would approve a 86 s.f. area variance and 17' street setback variance for a proposed detached garage based on the findings cited in applicant's addendum and repeated above. Approval is subject to the following conditions: 1. Applicant is to obtain a land alteration permit for the regrading of the drive and the placement of the retaining walls adjacent to the dive. 2. Applicant must obtain a demolition permit prior to the removal of the existing garage. Zoning File 11253 March 11, 1989 Page 3 of 3 3. Applicant to deed the travelled portion of Rohn's Point Road that intersects the subject property to the City of Orono. 4. Plumbing shall not permitted within the detached structure nor shall this structure he used as a second, non -rental residential unit without first obtaining the appropriate approval and permit from the City of Orono. Additional Coments - March 23, 1988 Planning Co Ission Recouendations: The applicant was concerned with the condition in the staff recommendation that would prohibit the plumbing of cold water to the detached structure as the applicant advised the structure is to be used as an interior kennel for the dog and as a potting area. The staff advised the Planning Commission that this would be no problem as the customary notice to the applicant would be placed in the final resolution that would state that the detached structure could never be used as a second residential unit without appropriate approvals from the City. In addition, the applicant asked if the requirement of -3 quit claim deeding the portion of the traveled road within his property he substituted with an easement for road purposes. The staff alv ised tha Planning Commission that this would also be appropriate and acceptable to the City. The staff would recommend to the Council that the City staff work with the applicant to determine the appropriate width of the easement to be acquired for road purposes. The Planning Commission unanimously approved the variances application of John Lindahl based on the findings and the hardships set forth by the applicant and subject to the amendment of the conditions as originally proposed by Staff. The enclosed approving resolution has been drafted per the Planning Commission recommendation. Please note this is registered torrens property and that the resolution will not he accepted for filing per State Statute cannot he accepted for filing against a chain of title. The resolution as with all resolutions approving variances for torrens properties will be kept with the official files of the City. INUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 21, 1988 91253 JOHN LINDAHL JR. HNS POINT ROAD VARIANCE PUBLIC HEARING 9:01-9:06 The Affidavit of Publication and Certificate of Mailing were noted. B. John Lindahl Jr. was present for this matter. Mabusth explained the proposal to remove an existing accessory shed and detached garage and replace them with a single detached garage with an attic area providing much needed storage. Staff recommends approval of the proposal finding many valid hardships present. There were no comments from the public regarding this matter and the public hearing was closed. Mr. Lindahl commented on the following two staff recommendations: 1. Regarding deeding the travelled portion of Bohns Point Road that intersects the subject property to the City of Orono, they would be willing to grant an easement to the City if they want it. Mabusth stated that an easement would be acceptable to the City. 2. Regarding no plumbing being allowed, he is requesting to allow the structure to be plumbed for cold water for the kennel and potting area use. Mabusth stated that staff finds no problem subject to the resolution clearly stating that the accessory structure can never be used as a second residence. It was moved by Bellows, seconded by Kelley, to recommend approval per staff recommendation with the exception of amending the following points: 3. Granting an easement of the travelled portion of Bohns Point Road that intersects the subject property to the City of Orono. 4. The structure shall be allowed to be plumbed for cold water and no residential unit use to be allowed. Motion► Ayes 4, Nays 0. 12 ZONING FILE NO. 1253 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3-22-88 --------------------------------------------------------------------------- TO: B. John Lindahl Jr. COPIES TO: 1406 Bohns Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variances ----------------------------------------------------------- DiATE OF MEETING: 3-21-88 VOTE: 4 For Against Planning Corission recasends the following: Approval subject to conditions noted in the enclosed approving resolution. AND SPECIAL CONDITIONS: Please review the enclosed resolution that will be presented to the Council for final action at their March 28, 1988 meeting. If you have any questions, please contact my office. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the April 25, 1988 meeting is April 13, 1988 for the meeting. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. CITY of ORONO Post Office Box 660Crystal Hay, Minnesota 553`L9*Municipal Offices On the North Shore of Lake Minnetonka March 25, 1988 B. John Lindahl, Jr. 1406 Bohn's Point Road Wayzata, MN 55391 Dear Mr. Lindahl: Please review the enclosed Road and Utility Easement with recommended legal description and a copy of the survey that reflects the extent of the easement. You may wish to have your attorney review the document before you consider executing. Please contact my office if you wish to discuss the legal descriptions or the conditions of the Road and u Iity Easement. JAM/tln Enclosure Sincerely, )4—*111- —A— 0 "M Au_ Jeanne A. Mabusth, Building & Zoning Administrator FICILDING & ZONING - 473.7337 • AD MINISTRATION t FINANCE - 473.7358 0 PUBLIC WORKS - 473 7339 ASSESSING City of ORO�O�.r.�sc..�,t� RESOLUTION OF THE CITY COL 'CIL NO. 2398 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 19.93, SUBDIVISION 9 (C) AND SECTION 19.24, SUBDIVISION 5 (B) FILE #1253 WHEREAS, B. John Lindahl, Jr. (hereafter "the applicant") is the owner of the property located at 1406 Bohn's Point Road within the City of Orono, (hereinafter "City") and legally described as Tract I, and the West 28.5 feet of Tract H, Registered Land Survey 269, Files of rtegistrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) that would allow the installation of a accessory structure 1086 square feet in area where only a 1000 square feet is allowed and per Municipal Zoning Code Section 10.24, Subdivision 5 (B) seeks a street -yard setback variance of `t'I~ feet or A" for the accessory structure where 35 feet is required. ;. 1 " 70 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1253. 2. The property is located in the LR-lB Lakeshore Residential 'Zoning District, requiring a minimum of 1 acre or 43,560 square feet in area. The subject property consists of 22,475 square feet or .51 acres. 3. The Orono Planning Commission reviewed this application on March 21, 1988, and recommended approval of the proposed variances basod upon the following findings and hardships: A) The predominate, steep topography results in a limited f lat yard area and a need to preserve the limited yard area. B) The interior design of the structure and location of view windows would ,prohibit the attachment of the garage on the east side of the house. C) The location of a maturA maple tree within the northeast yard area limits the placement of the structure within the northeast yard area. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2398 D) The location of the neighbur's house is at the east side property line. The garage in its proposed location will lessen the impact on the neighbor to the east. E) Moving the garage further north provides the much needed turning around area between the t ouse and garage to lessen the hazards of backing out onto the public roadway, and decreases the element of hazard. F) There is no visual impact along the County road because of the mature dense screening that exists along the roadway and the garage will be installed so as not to destruy the existing screening. 4. The City Council has considered this application in-luding the findings and recommendationE of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the comnunity. 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 applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. COLICLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 9 (C) and Section 10.24 Subdivision 5 (B) to permit the construe-tion of an accessory structure by 86 square feet and located -ip& feet from the right-of-way line of North Shore Drive, subject to the fo1low inc, conditions: 1. The applicant is to obtain a land alteration permit for the regrading of the drive and the placement of the retaining walls adjacent to the drive. 2. The applicant must obtain a demolition permit for the removal of the existing garage and shed. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2398 3. The applicant is to grant a road and utilities easement to the City of Orono over the traveled portion of the roadway known as Bohn's Point Road that intersects the subject property. 4. The plumbing of cold water is permitted to the new detached structure. Such structure shall not be used as a second, non -rental residental unit without first obtaining appropriate approvals and permits from the City of Orono. 5. Authorities granted by this resolution run with the property, not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or th:� variance will expire on that date (March 28, 1989). 6. 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 misde!neanor. 7. The undersigned applicant has read, understood, and hereby agrees to the terms of this resolution on behalf of himself, his heirs, successors and essigns. Adopted by the Orono City Council on this 28th day of March, 1988. ATTES o by .in, City Clerk 1 Prop Owner(s) James R. Grabe ,"Mayor Edw rd J. Cal ahan, Jr., Actin Mayor Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ?398 On this 1st day of March , 1988 before me a Notary Public within and for st-id county, personally appeared B. John Lindahl, Jr. & Sarah B. Lindahl knowr to me to be the person(s) described in and who executed the for- ing instrument, and acknowledged that he (they) executed th. as his (their) free act and deed. NOTARY PUBLI 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Paqe 4 of 4 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 28, 1988 #1251 SCHULTZ CONTINUED Ms. Schultz noted that the main reason many property owners did not join in the application was their objection to paying for a survey. Zoning Administrator Mabusth stated that staff is going to be working with the other property owners toward a total vacation and at this point individual surveys of the properties are not necessary, but there will be a cost to the property owners involving the legal descripti,-�is. The reason for the survey requirement for the Schultz's application was to establish the ordinary high water mark along Forest Blvd. It was moved by Acting Mayor Callahan, seconded by Councilmember Sime, to adopt the Resolutions #2389 to #2397 vacating an unused portion of Forest Boulevard, an unused portion of Vine Place and a portion of a park, within the Plat of Saga Hill Revised, as proposed. And further give notification to affected res-dents of the intent to vacate the remaining portions of Forest Boulevard. Motion, Ayes 4, Nay3 0. #1253 B. JOHN LINDAHL, JR. 1406 BOHNS POINT ROAD VARIANCE RESOLUTION l2398 B. John Lindahl, Jr. was present for this matter. City Administrator Bernhardson explained the request to replace an existing accessory shed and detached garage with a single detached garage with an attic area providing much needed storage. Hardcover is not an issue. Zoning Administrator Mabusth noted that there will be major regrading to correct the severe grade of the driveway entrance. She alto noted that applicant will be granting a road and utility easement to the City over the traveled portion of the roadway known as Bohns Point Road that intersects the subject property. It was moved by Councilmember Sim-, seconded by Councilmember Goetten, to adopt Resolution #2398 as submitted. Motion, Ayes 4, Nays 0. 8 ZONING FILE 00.1253 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 3/31/88 --------------------------------------------------------------------------- TO: B. John Lindahl, Jr. COPIES TO: 1406 Bohns Point Road Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance --------------------------------------------------------------------------- DATE OF MEETIVG: 3/28/88 VOTE: 4 For Against COC&iGIL ACTION - NOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arranve to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance Npproval 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. Permit applical-ion must be submitted no later than March 28, 1989. Please call my office if you have any additional questions regarding the road and utilities easement to be granted to the City. We will file the above referenced resolution at the time we f i le the road and uti 1ity easement. To: Mayor and City Council From: Michael P. Gaffron, Assistant Zoning Administrator Date: April 7, 1988 Subject: 11253 B. John Lindahl, Jr., 1406 Bohns Point Road - Variance - Request for reconsideration (Site Plan Error) Exhibits: serve Exhibit A: Original submitted. Exhibit B: Original site plan submitted. ExhibitC: Survey with correc,: garage locat. in relation to lot linp and house. Exhibit D: Applicants measurements from house. Exhibit E: Applicants letter of request. During the final stages of his preparation to apply for a building permit, Mr. Lindahl realized that the site plan he submitted did not coincide with the actual surveyed lot line along North Shore Drive. In fact, where the site plan showed the proposed garage located 18' from the property line along North Shore Drive, his survey placed the garage 18' from the actual lot line rather than placing it in relation to the existing garage as the a, licant had intended. As you can see by looking at the exhibits, the location relationship between the proposed and existing garages is different on the site plan than it is on the survey. Exhibit A attached is the survey originally provided, Exhibit B attached is the site plan as originally provi,�Fl by the applicants landscape architect, and Exhibit C attached is the applicants revised sketch of the proposed garage in its actual proposed location in relationship to the existing house, which appears to be more accurately located on t;ie survey than � the garage. This leaves a street setback of 14' from North Shore Drive right-of-way, not 18' as was approved by the Council. Applicant states he has now staked the garage in its exact proposed location. Since some of you may have relied on the incorrect survey in reviewing the application, staff felt it was apropriate to bring this bask for Council's confirmation. (If you were previously on the site with Mr. Lindahl, he showed you the correct proposeu location, but the street lot line is actually 4' closer than was shown on the site plan.) The Council has two options: A.) Review the corrected information and approve the 14' setback (staff will amend the resolution). H.) Refer this matter bac', 1�o the Planning Commission for review at their April 18 meEtinq, with Council review then on April 25. ST/1tT RBCOMUMATION If Council feels their initial approval was based on the correct perception of the garage location, staff �?uld recommend option A. However, if you rel ied on ti - 4urvey attached as Exhibit B, which is incorrect, you may wish to choosy- option B. I% W-1W to, ► -.., A,.• 0%, 1ja P0, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 11, 1988 11253 B. JOHN LINDAHL 4AW DORMS POINT ROAD VARIANCE REQUEST FOR WiISION BASED ON INCORRECT SITS PLAN City Administrator Bernhardson explained that Council previously approved a variance to allow construction of a garage 18' from the lot line. However, during the final stages of preparation for the building permit application, applicant realized that the site plan was incorrect and is now requesting reconsideration of a variance to allow construction of the garage 14' from the lot line. Counci l's options are 1 ) review the corrected information and approve the 14' setback, or 2) refer the matter back to the Planning Commission for review. Mr. Lindahl was present and reviewed the details of the incorrect vs. the correct site plan. He noted that an additional delay would cost him a $1,000 seduction he was offered by his contractor for startino the job at this time. Assistant Zoning Administrator Gaffron stated in viewing the site he felt that the corrected location of the garage was similar to what was actually proposed and therefore not a significant change. Planning Commissioner Johnson stated he personally would have no problem with Council approving the request without referring it back to the Planning Commission. However, other members of the Planning Commission might expect it to be referred back and it was his opinion that the request would ultimately result in a split vote by the Planning Commission. It was moved by Mayor Grabek, seconded by Councilmember Goetten, to approve the varianc adjustment as requested. Motion, Ayes 4, Nays 0. ENGINEER'S REPORT: MOODHILL ROAD PLANS AND SPECS RESOLUTION City Administrator Bernhardson submitted to Council for review and approval the specifications for the upgradinq 47 Woodhi 1 1 Road east of Orono Orchard Roal. Addi,-i-nally, it is recommended that the assessment public- heat�nq date be set for May 23, 1988. City Engineer t-, viewed the clans and specifications for the Council.