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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 23, 2006 7:00 o'clock p.m. (5. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST, Coutinued) McMillan stated she can only review what is in front of her and that she cannot predict what will happen in the future. Sansevere stated there is also the potential that there will be three new members on the Council next year. Carlson inquired what process they would need to follow. Gaffron stated if there is a denial of the extension, the application would start at square one and they would need to appear before the Planning Commission in January . Gina Carlson inquired whether the process could be sped up somehow, noting that their letter of credit is on file and that they have met almost all of the conditions of the City . Brokl stated a special planning commission and/or special council meeting could be held to discuss this application provided that the appropriate public notice is given. Sansevere inquired whether this application could skip the Planning Commission. Brold stated the application would need to go before the Planning Commission. :~icM_iJian mov ed, Afoi·p-h y se-con d cd, Applicati on #05-3080, I 11 terspa ce West, 2060 \Vayzat,r · li oulevard W est, to de ny tl e fii!al pl a t on the basis that the final p lat is not comp-kt£. VOTE: Ayes 4, Nays 1 , Sansevere opposed. Additional information regarding this item (#5) follows the City Attorney's Rep011. *6. #05 -3146 MARK AND PAMELA PALM, 1447 PARKDRIVE-VARIANCE- RESOLUTION NO. NO. 5523 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5523, a Resolution Granting Variances for the property located at 1447 Park Drive. VOTE: Ayes 5, Nays 0. ,~7 . #06-3226 ED''' ARD AND NANCY BIEF.Jvf..AN, 505 FERl",TDALE ROAD NORTH - VARIANCE -RESOLUTION NO. NO. 5524 Sansevere moved, M cMillan seconded, to adopt RESOLUTION NO. 5524, a Resolution Granting a Side Setback Variance for the property located at 505 Ferndale Road North. VOTE: Ayes 5, Nays 0. /·,. ,,~ 7 *9. · #06 -3 U7 YARDSCAPES ON BEHALF OF CHLOE H. MORGAN, 1480 BORNS POKN'f ROAD -VARIANCE -RESOLUTION NO. 5526 Sansevere moved, McMillan seconded, to adopt RESOLUTION NO. 5526, a Resolution Granting Variances for the property located at 1480 Bohns Point Road. VOTE: Ay es 5, Nays 0. PAGE 10 of 12 MINUTES OF THE ORONO PLANNING COMMISSION Monday, October 16, 2006 6:00 o'clock p.m. *5. 06-3237 YARDSCAPES ON BEHALF OF CHLOE H. MORGAN, 1480 BOHNS POINT ROAD, VARIANCE Bremer moved, Rahn seconded, to recommend approval of Application #06-3227, Yardscapes on behalf of Chloe H. Morgan, 1480 Bohns Point Road, granting of a hardcover variance t o allow replacement of the swimming pool patio and deck. VOTE: Ayes 6, Nays 0. 6. 06-3238 VOGUE ICF HOMES ON BEHALF OF WILLIAM AND SUE DUNKLEY, 2709 WALTERS PORT LANE, VARIANCE, 7:08 P.M. -7:49 P.M. William Dunkley and Susan Dunkley, Applicants, and Erik Vogstrom and John Vogstro:in with Vogue Homes were present. Turner stated the applicant is requesting lakeshore and average lakeshore variances to allow a second story to be added to the existing residence. Turner stated the applicant's surveyor has confinned• that the existing hardcover is at the amount that is allowed for this property. Staff recommends approval of the application subject to certain hardcover removals proposed by the applicant arid the submittal of an annotated survey. Susan Dunkley stated the house was originally constructed in 1961 and has a very low, flat roof. Dunkley noted they have had t o replace the roof three times in the 20 years they have owned the house and that they would like to replace the flat roof with a pitched roof. William Dunkley stated they have not changed the ha1=dcover on the lot since they removed a large amount to be able to add the enh-y. Bremer opened the public hearing at 7: 15 p.m. There were no public c01mnents regarding this application. Bremer clo sed the public hearing at 7:15 p .m. Rahn noted the hardcover wo uld remain the same under the proposal. Gaffron no te d the entire house is located within 75 feet of the lake and that more structure would be ad ded in that zone but the footprint would not be increase d . Turner illush·ated the space for an elevator that has been added to the house . Kempf commented there are a number of homes along the lake that tend to re semble hote ls and that this would be one of those. The proposed addition gi ves the appearance of an enorn1ous amount of massing . Kempf noted there is a substantial amount of glass proposed on this house. P A GE 8 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Lincoln Danforth Y ardscapes, Inc. 8609 Harriet A venue South Bloomington MN 55420 ZONING FILE #06-3237 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 25, 2006 COPIES: Cloe Moran 1408 Bohns Point Road Wayzata MN 55391 TYPE OF APPLICATION: Hardcover Variance DATE OF MEETING: October 23, 2006 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the owner 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 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 25, 2007. 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. If you have questions please call Evelyn Turner, City Planner, at 952.249.4623. Date Application Received: 9/20/06 Date Application Complete: 9/20/06 60-Day Review Period Expiration: 11/19/06 Department Approval: Name: Evelyn Turner Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: October 23, 2006 Item No. Agenda Section: Item Description: #06-323 7 Y ardscapes, Inc. on behalf of Chloe Moran, 1480 Bohns Point Road -Hardcover Variance -Resolution Zoning District: LR-lB, 1 acre List of Exhibits: A -Resolution per Planning Commission recommendation B -PC Action Notice dated October 17, 2006 C -PC Memo & Exhibits of October 16, 2006 Application Summary: In order to replace an existing swimming pool, patio, and deck the applicant requests a variance to allow rearrangement of hardcover while not bringing the property into compliance with the hardcover regulations. Hardcover in the Oto 75 foot zone would remain at 0.59% when no hardcover is allowed. Hardcover in the 75 to 250 foot zone would be reduced from 17.4% to 17 .16% when 25% is allowed. Hardcover in the 250 to 500 foot zone would be reduced from 48.4% to 47.19% when 30% is allowed. In addition 6,607 square feet of plastic under mulch will be removed. Planning Commission Recommendation On October 16, 2006 Planning Commission voted 6 -0 to recommend approval of the hardcover variance. Planning Staff Recommendation Approval of the variance per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution granting a hardcover variance. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 06-3237 WHEREAS, Chloe Held Moran, a single person, (hereinafter "owner") is owner of the property located at 1408 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as that part of the South 800.00 feet of Government Lot 1, Section 9, Township 117 North Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota described as follows: and Beginning at the Northwest comer of said South 800.00 feet; thence East along said North line of said South 800.00 feet 430.26 feet; thence deflecting right 12 degrees 06 minutes 70 feet, more or less, to the shore of Lake Minnetonka; thence southwesterly going along said shore line 140 feet, more of less, to the North line of the South 650 feet of said Government Lot 1; thence West along said North line to the West line thereof; thence North along said West line to the point of beginning, (hereinafter "the property"); WHEREAS, Y ardscapes, Inc, a Minnesota corporation, (hereinafter "applicant") has made application on behalf of the owner to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of hardcover while not bringing the property into compliance with this section; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on October 16, 2006, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #06-3237. Page 1 of5 2. This house was constructed in 1963 with a major addition in 1975. The pool was installed in 1971. This was before hardcover regulations were adopted. 3. The Planning Commission reviewed this application on October 16, 2006 and on a vote of 6 -0 recommended approval of the variance, based on the following findings: a. The total amount of hardcover on the property will be reduced by 3 94 square feet. State statues would allow reconstruction of the patio and deck without any reduction of hardcover. b. The new hardcover would be within the 75 to 250 foot zone, which would have only 17.6 percent hardcover. It would be located at least 200 feet from the lake. c. As required in conjunction with any building permit, weed control fabric and plastic will be removed from the property. This will reduce hardcover by 6,607 square feet. 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow rearrangement of Page 2 of5 hardcover while not bringing the property into compliance with this section, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 70 s.f. or 0.59%. Hardcover in the 75-250' zone shall be limited 4,928 s.f. or 17.16%. Hardcover in the 250- 500' zone shall be limited to 12,748 s.f. or 47.19%, per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Owners shall remove any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. This work shall be completed before the new pool is put into use. 4. Authorities granted by this resolution run with the property not with the applicant or owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before October 23, 2007 or the variance will expire on that date. 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 applicant and owner have read, understand and hereby agree to the terms of this resolution. On behalf of the owner and the owner's heirs, successors and assigns, the owner hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of5 Adopted by the Orono City Council on this 23rd day of October, 2006. ATTEST: Linda S. Vee, City Clerk Chloe Held Moran STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this_ day of ___ _ 2006 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 ___ _ 2006 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 of5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of ______ _ 2006 by Chloe Held Moran, a single person. Notary Public Page 5 of5 ;ARAGE LOOR {970.7) K ./ ,/ r 33,1 a, u:i ~ EXISTING ~ §~; HOUSE, 5 4-.1 ~ i g · #1480 FLOOR LEVEL 1 ={971.4-) I" I I I 250' SETBAC LINE · ROCK ON PLASTIC I I _ ......... .. ... ........... ---............ __ _ 217.87 LOOSE LAID FLAGSTONE WALi< (50% H/C) L woo WAU PARTIALLY OVERGROWN GRAVEL DRIVEWAY E,)t.l$tllt\q t'royio5<' C'' HPl.v d.co\lU -4' N.ot Jip:..rc\cCN~ r Noi-¼-)1=-w·c\ rove( --7> HFwd.cove..r Jf\ (;)' ;s- I -. 0 w -N --t- ~y ZONING FILE #06-3237 CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 17, 2006 TO: Lincoln Danforth Y ardscapes, Inc. 8609 Harriet A venue South Bloomington MN 55420 TYPE OF REQUEST: Variance COPIES: DATE OF MEETING: October 16, 2006 Planning Commission recommended approval. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council-October 23, 2006 -Meeting starts at 7:00 pm 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. If you have questions, please call City Planner, Evelyn Turner at 952.249.4623. Date Application Received: 9/20/06 Date Application Considered as Complete: 9/20/06 60-Day Review Period Expires: 11/19/06 To: From: Date: Chair Bremer and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner October 16, 2006 FILE #06-3237 October 16, 2006 Page 1 of 3 Subject: #06-3237 Y ardscapes, Inc. on behalf of Chloe Moran, 1480 Bohns Point Road, -Hardcover Variance -Public Hearing Zoning District: LR-lB zoning district Lot Area: 1.55 acres Lot Width: 150 feet Application Summary: The applicant requests a hardcover vanance to allow replacement of the swimming pool patio and deck. Staff Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Existing Conditions D. Proposed Site Plan E. Submitted Hardcover Calculations F. Existing Conditions compared to Proposed Site Plan G. Plat Map H. Property Owners List Background This house was constructed in 1963 with a major addition in 1975. The pool was installed in 1971. LOT ANALYSIS WORSHEET Lot Area/Width: Required Lot Area 1 acre Lot Width 140 feet Structural Coverage: I Allowed I Existin2 Actual 1.55 150 feet Proposed FILE #06-3237 October 16, 2006 Page 2 of 3 I 10,130. s.f. (15%) I 5,537 s.f cs.2%) 5,537 s.f (8.2%) Hardcover Calculations: Hardcover Zone Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover 0-75 11,800 s.f. 0 s.f 70 s.f. 70 s.f. (0%) (0.59%) (0.59%) 75 -250 28,720 s.f. 7,180 s.f. 4, 999s.f. 4,928 s.f. * (25%) (17.4%) (17.16%) 250 -500 27,015 s.f. 8,105 s.f. 13, 071 s.f. 12,748 s.f. ** (30%) (48.4%) (47.19%) Total for 67,535 s.f. 15,284 s.f. 18,140 s.f. 17,746 s.f. Property (1.55 acres) * 3,759 square feet of plastic under rock mulch will also be removed. * * 2,848 square feet of plastic under rock mulch will also be removed. Hardcover Variance The project includes installation of a new pool within the perimeter of the existing pool. Although a portion of the pool is forward of the average lakeshore setback, the replacement is allowed by State Statute. The portion of the patio within the 250 to 500 foot zone will be reduced in size within the perimeter of the existing patio. This work is allowed by State Statute. In the 75 to 250 foot zone the overall amount of hardcover will be reduced. But a variance is required because some of the hardcover is being changed from a deck to a patio and there will be hardcover where there is not currently hardcover. In addition while the hardcover in the 75 to 250 zone is well below the maximum, hardcover in the 250 to 500 foot zone is above the maximum, even if the unused hardcover allowance from the 75 to 250 foot zone were added to the 250 to 500 foot zone allowance. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, 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 welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal FILE #06-3237 October 16, 2006 Page 3 of 3 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 keeping with the spirit and intent of the Orono Zoning Code. By longstanding City policy hardcover trade-offs and rearrangements resulting in a net hardcover reduction but not in conformity cannot be approved administratively. The change is State Statute that allows replacement of a non-conforming structure has created a paradox that can be seen here. The applicant is required to obtain a variance to bring the property closer to compliance with the hardcover regulations while they would be able to exactly replace the existing patio and deck without a variance. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the hardcover variance. ~ity of Orono Variance Application A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application# 0 (.p .~ 3t:, ~ 7 Date Received: · Gt -.;>.O -0(,:? Amount Paid : (_2 C,c).OV staff: E Vz_fy " Main: 952-249-4600 fax : 952-249 -4616 Mailing Address: Fee: $600 ---'---------Renewal: $300 ---'-----,------- After-the-fact: $1,200 Double Fee P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: \br-80 ~t\iv~ ~Tk X---~ -OfLO "-.)D, tv,,.,>::-) :SS 5'.°11 Property Identification Number (PIN): n5 _ \\~ ---z..5 _ $3 -C>O::).c\- (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): cto /q Z: □ Yes, I own the adjacent parcels. Present use of property: .:&-Residential '□ Other ------------------Zoning District: L1;:,, _ \ 'f> APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: L,rvc::..oL,-j °bt-..."-l~O\L--:t~ I ~h~b~~~~s Phone (home): c,52 . m::z. 2-..:J?l4-: 7 hone (work): l-. 12,, .3'23, '578°, Addr~ss: "'8~ \AA.;U, 'i + ~v'L ')) . 3\4""X;)l\l\,\.\\..)C..~'17>""-' ,· M,., > SS4-:zo Email: L,~e,oLt-.:)e.-'1~R.h.Sc-~Y,<.\~C... ... C-olY'\ Fax: 552 ,:'8:87, 2:-:J°',b OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: c t::\\.-O'E... \.-\.LJ ):> "-A.Ci,,A.~ Phone (work): '-> 2 . 2...4 c> 714£ Phone (home): 452,.. 4:Jt. :,4::,3 Address: \4:£,,w 1:-o"'NS l>~-JL'h Email: Fax: ---'-""'~----------------- DESCRIPTION OF REQUEST: Estimated Project Cost: $ 2-:z.D .OCO . ~ . ' Describe the request in detail (attach additional sheets if necessary): c)N. :Rv \r\.li,,,,'--"f: o:f: C...\..\LDL f-.AO&,,P..,~ 1 \.p\3~.h~cA~V<\ ·,1'.)c • -~-A we..,,_ ·~(L 75-250 I i f REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. S Pre-Application Meeting Form, completed by a City Planner. t?J, Completed Application Form D Completed Hardship Documentation Form -..-D Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-591 O © Original Certificate of Survey (signed by a licensed surveyor), .meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. ~ 0 Completed hardcover calculation worksheets (as provided within the variance packet). --D Topographic survey -including existing and proposed elevations, and proposed grading and drainage. *For lakeshore properties the contours should be shown extending 50' into the adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. Ga Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). l8l Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the informgtion supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: .M ~ Applicant's Signature: Date: Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verifi ation of this equest. Owner's Signature: Owner's Signature: Applicant must have all submitta!s into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held 6n 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 representative attend in place of the applicant and advise the City Planner assigned to your project. 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. Address ·14,,...aotvv'-~ C..~o b-) City I understand my rights as stated above. ~br 2 Signature~ M}.,, > State 552 . :!:> c-'7 . l---, °'-4- Phone City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax : 952-249-4616 Mailing Address: P .O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner: Meeting Date/Time: PC Date : What is the purpose of a pre-application meeting? C 10 ~s-o 1 /0 /6 fa' I Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 1 ~'oO fu\;:\~S 'y'.:\=... Th Property Identification Number (PIN): 03 -, l'.7 -2~ ~ '-13 -oc:x::'A- Zoning District: L~-\ l:> Size of Property: ~ \"50 ><. sco ~ L\ 5D ~ 4-35 DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback i,g..Hardcover □ Lot Coverage □ Lot Area □ Lot Width □ Other: Applicant's Initials: \ ;'b HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application . OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed City staff. App licant Signature : Date: 1,. : '··~ ,,, ,mfi/ ~;} 1 :} ! Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. 2. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." "The plight of the landowner is due to circumstances unique to his property not created by the landowner." B ~'Vt.:i :'i.:i.\S,, \..) c -~DL. 'y...,+,.<-;:. "i..X.J<--.,., ,\N::[.., '-:,..,/~~~ \ ... ' \ '::y~ c....,.._:,~ ~v -.....1~ ~n,1-,.1•,LO"-N t::J~,~ ~ ➔~ C¼ ~KS:~ ,~~ ~Cl Dt>'1° ~----"'\'~ 3. "The variance, if granted, will not alter the essential character of the locality." -::S::\),-\ <".:> ,...,,.,.A\i t-.l_?\ ~T_'f £)·~ P-:-,.}.,)"=f>l'--..:i'~ \).,,) '.::'\='rl\ ~:-> ~~L~ 'i:._ &C ~+ +'1\: 'L 'cl,~N':i ~ -'¼ it_ ~ %_. ~ -, ~\...L'1 n'i~\~~ '-t~\..,v ch'-->:::S'Sz~ ·::'\~ kh:uLJE \-\~Rb t..o~ \ 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Page 2 of 3 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." 6. 7. 8. 9. 10. 11. "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." "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not appiy generaliy to other iand or structures in the district in which said land is located." "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." -OL'D \>QC>\.... \'S:, Ps., Mb..>, ),J':'yS:J,)~~Q_ \;':lb\..)) ' -NG.; ~c::>TL. 'N\"'t''t\' \J l: x,\ «s:"'\::q-• ..(2; :tmDL ~\Ai:..-U. " L'-----'-/v\. '-w P.....:J \ t--.) c A:w, J>x. • -z....s .. c::, "'l. -;;-)(..., s..-\N, \ u "o-"'-' \ J \ "--\. r\ I'--'~ "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." ~ ~ (L._, ."'-.J i..:, ~ \, ~ ""2...oN~~ Page3 of3 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." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): -':-:,...,Jv ~ C.!?---:S::A"7.\,, ... ,,½ L"'---~\...>c,_,, w '-~~~ '-:v-:Vc cA.-N -. ( ... 'c-,:::)1:-,, :f;-o,,-?-x: 75.-7--c;;:a \ 2--5·, ..... ,~ cX:> 7___,.:::»---l'.V.---S "t=v«-_ ''""p,..,_e~ r-<:>-.J 't.. -G: --Y\::\Z ~{2..\,\J:t,.v--..~½ ~,"-J ."-.J ':t:~ ::S: \\L L~S. \\,'"j"__ \$ ~6 ~ C~\~~ ~o ':\'AV ¼;ni'"-."CC~l'-l.)--__,~J -\:\= "'-.Jo\,.,,Lb ·=t,r ":'b,-, 'f:~\·LvLy ¥R :-s:;.--..\:'~--)"'-::::-p:>. ,..__.__P-,;\<,..)i \+ :::S:\?:s:"i:,;R_V = o::s;: \\tt ~\ ~i..... ~'051-._ n:-V N: ... ,L \ ~ t.,lh~ \;\-\ .,. ,V\~ Mb\h> ~R..'""-4=" ~U\J~~ ~~ ~k owwq_ Asc.c&:S.S ~~ \¼\~ ~c~'{_s;;)'v-.Jµt__~S 0\2__ c._L'\i...S\"5 \U ~¼ \\\'~\.b.>t~- \T \~ ~L"Sc=> '-...JS'Lb ~oR-c.._\.,,~"ST ~~\:.-\.N ~. .. \~ ~ e.L-\"S:, N2) ~ ~ ~~ '-.JA.-T ~ ~ ~ ~ L,__ () t---1 \&;>\,\ ~ _s. ·~\ --l?-'b \ ~ 'u...--r -- ~ ~ 0 p:::: 1:--4 z f-1 0 ~ rn z ::r:: 0 P'.:l 33 i I N 89°55' 00" E , rFr /... . . ., ( .,...;. 85.22 0 0 0 I{) ... ·1 ~ ..... ~ 'i:\✓,,.. .... ) l_.. .. i--1··--.~~i~i;.or :I: I- ~ ~ □ BLACKTOP DRIVEWAY BLACKTOP Df!IVEWAY CERTIFICATE OF SURVEY FOR YARDSCAPES IN GOV' T LOT 1, SEC. 9-117-23 HENNEPIN COUNTY, MINNE SOT A CASDENT PER DOC. NO. 50634-26 /TO AU.OW 51£1) LM'E. .U.Y 31, 2~ I rt 430.26 225.96 --~ !!!::~ PNnW.1.T OY(1ll(lftOMI llt.t'o'll. IRV't'W_.,Y S 77•59, 00" E: ...... _,-·-.io.~o.-.\ -·-·=>::>._~ .J ) I C , / I i i I I I ) I I /~ 75' / /t/ SETBACK I SURVEY_ / "-' LNE ll LINE ·-7 . I I l ~ I ~ I /CV T K C I . / ED 1i ( .. I ;' /'? / ',,, ' / j! Root ON PLASTIC / ") ~~ -, I I -, ,,~,.-. 929.4 CONTOUR UN i s 89°55' 00" w ___ .., .. ·,._ 217 / / I D I , ~P 387.36 __ H ______ ___.. ...... •• 33 I I I I :Br. l~T 0r ........... ~: SEC. 9-117-23 I I o' ~1 ~, 0 0 0 g "' j ~ -,. ! .c--.l . I I '>¥ poo\ T ·~·-;;L:· -~L SW COR Of ~\L _______ _ GOV' T LOT 1 .......... \., S 89"55'00" W ------ SEC. 9-117-23 ·\.,,SOUTH LINE ~fc~i'::1~11:?;3 ·, lo<'A°hCN\ LEGAL DESCRIPTION OF PREMISES : That port of the South B00.00 feet of Government Lot 1, Section 9, Township 117 North, Range 23, West of the 5th Principal Meridian, described os follows: Beginning at the Northwest corner of said South 800.00 feet: thence Eost along said North line of sold South BOO.OD feet, 430.26 feet; thence deflecting right 12 degrees 06 minutes, 70 feet, more or less, to the shore of Lake Minnetonka; thence southwesterly along said shore line 140 feel, more or less, to the North lino of the South 650,00 feet of said Government Lot 1; thence West olon_g said North line to the West line thereof; thence North olong said West line to the point. of beginning. o : denotes Iron marker Bearings shown ore based upon on assumed datum. This survey shows the boundaries of the above described property, the location of four existing buildings, end the location of oil visible "hordcover 11 thereon. It does not purport to show any other imprOVeJTlents or encroachments. 4- .n ..t_ vl t r ri '.) tr 'j ~J ~ i $ ~ d u u t ~ z ;J ? 2 j -------------' 0 ) J. Vl ·, ~ 1) (,/') Q) Q_ ~ i 0 i u ii Ji: .Ji. . V' (,/') 7- "'O 2 .~ i;,,1- L j "0 . ·Q:O 0 3.-. >- ,,,,.-·-- / '\ . -·---,. . ----- . / ' ' ----~-~~~- "''-- I I !, \ \ _,) I ) ( ~ 5 £ i1J f? Ill \ ;?. () t:;' ~ J t ·1 3" ~ & / 1) -... #- ,..--, "' .f' if;;' r ...L.:'.j--t 1 j 1 Q "' ;ii f 1-if) 0 q ,(' r.:->{-<( i ~ z ,a -.J t) ~ I Jf : u r(\ f .:11 ... ~ :S"---~ iiJ 2 i ;A ? if' l '--' I ) '-{;I j v'l r i t;; ' r ~Ji V; ~'.1f,l ~ R cALcULAr10N woR~~i?leE"f-"': ,.,er.:-'"¾ HAR ···,;~ SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' '500-1 .dl ,·,/;/ EXISTING HARDCOVER IN ZONE ')C, t-,..)0 C,,~~ ~ 't-.'S ~ t:.? A. House X = S.F. Length Width X = S.F. :=c. \ X fu. \ = A-°\ S.F. -0~~~ B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls '-'->DO~ H. Other \$ X " = L\ S.F.-~\...>""'-.~ ~'-J i:._R.,S TOTAL HARDCOVER IN ZONE rO S.F. A TOTAL PROPERTY AREA IN ZONE \ ~ '?-.a::> S.F. B A B X 100 • % + = 0-S<?l PROPOSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. :$, ' X '2, \ = 44 S.F. ~\.\u~ B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls ,-.,,::.·cl) H. Other \'$ X = 2,\ S F .t"' ..... ..,.,.,.f> .. C..O'v\?.-'t-5 TOTAL HARDCOVER IN ZONE 7D S.F. A TOTAL PROPERTY AREA IN ZONE 11 1 "'bOO S.F. B A B X 100 = 0,59 % il1!' :s--~;~ HARDCOVER CAL SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A. House X = °'~ S.F. -\4..0\..>~Y(.. Length Width X = S.F. X = :::,\ b S.F. -~~u B. Garage X = S.F. C. Driveway X = ~C,(.,,. S.F. -~~,ot' X = 785 S.F .... ~R,.t...,,'1'i:.,.\... D. Sidewalk X = '22. S. F. ") \..Oc)";i,L_ ~ ~, )> X = S .F. ~\...¼-S 'To~1L E. Patio/Deck X = ~b. S.F. -·~·~ "b~ X = j5bD S.F. -C"...ON~,~ ~L. ~~\\t> F. Landscape X = S.F. Underlain X = S.F. By Plastic X = 3:-75(':\ S.F.-~c_,~ o~ ~~-s,,c G. Retaining X = S.F. Walls H. Other ~o~h 2-9 s F -~Ol:)b "-'AV--2.:\ --..,.._,~u...,. X = . . N~ \ "TO '& \\i:S') TOTAL HARDCOVER IN ZONE ')(; ,'.:l~~ S.F. A TOTAL PROPERTY AREA IN ZONE • S.F. B 2.:3_.,2..0 A + B X 100 = 30.~5 % PROPOSED HARDCOVER IN ZONE A. House X = S~t:; S.F. -~D\ • .SS, L Length Width X = S.F. X = ;$\le S.F. -"5\-\-~b B. Garage X = S.F. C. Driveway X = ~36 S.F. -?::i.-ti....t.\:.-"\Ot X = 785 S.F. -<"-\-ru-.-vz.L D. Sidewalk X = 2-Z.... S.F. ~ .. l-11..,h X = S.F. ~¾~~!'--Jt_ E. Patio/Deck X = i,b~, S.F. -<:.o>.:X".,~y~ l'ODL X = 36 S.F. ~k., ,o ~~\-1...>L-~t> ~~ F. Landscape X = S.F. t>A..-, \-:::> Underlain X = ~b S.F.-~,o~~ ~~~S By Plastic X = S.F. G. Retaining X = '2..0, S. F. w..~ ,o 1---!t Walls -...;~'-S ~~ ....,_,-='I::. w-A.U..... H. Other 2-C\ -::-1>-<A:I \ X = 2--':\ S.F. ,._,~, ,., "!.\\-\':..h TOTAL HARDCOVER IN ZONE 4<\2.B S.F. A TOTAL PROPERTY AREA IN ZONE ~-7~ S.F. B A -'-B X 100 = f7,.il,, % '/ ', ,- c', ~-<',"' ~f •A•)5 HARDCOVER CALCULATION WQR~SHE~T ···... .. . SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' (i6~i:5oQ;) ;;,,'._c{l00-1000' ' 4{i' EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls Length X X X X X X X X X X X X X X H. Other 4-e \2."2.,':,.:; ~ X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B X X X X X X X X X X X X X X A ______ _,_ B Width Width = = = = = = = = = = = = = = = _....,?:/"-F\ .... ~ .... 5-. __ S.F. -\:,\cu"$ t_ ______ S.F. --~=-At""""?_. '----S.F. -~~Lb ______ S.F. _...,.b'-"'0"-':'B ..... 3---S.F. -t.AA...\. Iv .b'i<.\\l~t.. _ _...,)..._\._le.,__ __ S.F. -·~ b(t,\ v~ S.F. ------S.F. -...,.-,.,-,-A.~.--~~o,..:::, _LTYI==-~9~--S.F. -~'i:>··pc.., ______ S.F. \5/:l)':\ S.F. A X 100 = 2 7, 015 S.F. B 58,'\~ % = = = = = = = = = = = = = = = ......,..... ..... -~ ..... 5....._::\ ..... 5 ..... · '----S.F.~ \,l.,.<:tu~L ______ S.F. __ ·z.i~A:.-=2..~_S.F. ~ CZ::.~i..b S.F. ------ 6083 S.F. -MJ\.\.~ ~"'~'-7 -~\\-b~--S.F. ~ ~-~ttA....Jv..,.. -~5 ..... 0=:-___ S.F. )-...lb~,\\-..,..."'-,.\:(: _ _.7.-....X =b ___ S.F. rv...t....\.\.....) ~\L ______ S.F. ______ S.F. ______ S.F. -"-_____ S.F. \2.17¼ S.F. A 'Z-7 . 0 \:> S.F. B X 100 = , 47 .. 19 % :ARAGE LOOR ,(970.7) K / r 33.1 Ol '° FLOOR LEVEL =(971.3) SHED~ 18.3 250' SETBAC LINE ROCK ON P]'ASTIC ___,-- I I CONCRETo/.p A TIO I ~ EXISTING / /4 $,2 l 1-C Ol Cl) c-l ~ ! : ,:.1 ~ g ~ Q:c / I' I I HOUSE/ #1480 FLOOR LEVEL I =(971.4) I I I I '° I .... 12.4 ROCK ON PLASTIC ~ ...... · .......... . ,.. ........ .. ........ 217.87 LOOSE LAID FLAGSTONE WALK (50% H/C) l WOOO WALL PARTIALLY OVERGROWN GRAVEL DRIVEWAY E~,s\-t~ t'roposec-' HP.v dcovu ~ Not HArdcOJ.t r Not ¼-\Ar-Jrc,vtt' --,> HA'<c.\cove.v" Tl Hennepin County Variance Map (10) 08-117-23·44 ~ 1480 (4) 09-117-23-33 (5) ___ , ___________ ,~------------ (6) (23) ~ z ~:----------------- <ii z :c j Page 1 of 1 Pa rcel Information: Date P rinted: 9/19/2006 3:51:39 P M Parcel ID: 09-117-23-33-0004 Owner Name: CHLOE HELD MORAN Parcel Address: 1480BOHNS POINT RD ORONO MN, 55391 Buffer Size: 150 ft. , I Total Parcels: 8 ~ -~-=---------- '7 /'~ I ~:•: I 1' u http:/ /bugle/variance/popMap .aspx?PID=09117233 3 0004&Buff er= 15 0&Count=8&B uffO... 9/19/2006 G RUN DA TE: 9/19/2006 38 08 -117-23 44 0006 3220 BOHNS POINT LA CA THERINE M SAL LAS CATHERINE M SALLAS 3220 BOHNS POINT LA WAYZATAMN 5539 1 38 09 -117-23 33 0002 3165 NORTH SHORE DR A MUNSON & D MUNSON ALLEN & DEANNA MUNSON 3 165 NORTH SHORE DR WAYZATAMN 55391 38 09 -117-23 33 0005 1500 BOHNS POINT RD L R ANDERSON JR/K A ANDERSON KRJSTIN AILEE R ANDERSON JR 2001 SUGARWOOD DR LO NG LAKE MN 55356 HENNEPIN COUNTY, .-uPERTY INFORMATION SYSTEM (PROPERTY OWNERS Lt.:, 1) 38 08 -1 17-23 44 0010 3225 BOHNS POINT LA H&VSWEATT HENRY L SWEA TT 3225 BOHNS POINT LA WAYZATAMN 5539 1 38 09 -117-23 33 0003 1420 BOHNS POINT RD M&VWAGENER MAURJCE J WAGENER 1420 BOHNS POINT RD WAYZATAMN 55391 38 09 -117-23 33 0006 1520 BOHNS POINT RD FREDERJCUS A COLEN TRUSTEE FREDERJCUS A COLEN I 520 BOHNS POINT RD WAYZATAMN 55391 /7 r EPARTMENT. 38 08-117-2344 0023 1535 BOHNS POINT RD JACOB HLNDGS OF BOHNS PT LLC ADAM & KA THY LAFA VRE 1535 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0004 1480 BOHNS POINT RD CHLOE HELD MORAN CHLOE HELD MORAN 1480 BOHNS POINT RD WAYZATAMN 55391 [7 / H PAGE: 1 ' '· \ \ \ ',, / / \ -,, ) ) 1-"'-\".>Eb, w~1 0N'IE-~ \"i'>-2.A .. ~C\'tt- LIN-.'i.."::.\vN.\L "5\"L'\> ":> ¼-"t-8,"----'=.-+.a.- -i:-...1>.N,14c.._.., ..,......~--:--=::S!..~;::,:s.~~~!='--;---:Ttr---:-~~~~· ( I ~'-'~"'>,:::>~~ ~\,._ ~'EC..¥,_ I / '"'fO¼ 1::,\) ~ '-lf>,Ll_(~ "?>-4' I \ ! ' l \ 1'U'--"-',,¼ss J '---· ,/ .w C,t-\3;"\'--il.,, l(,.y 't • G,')..,..._,,,, L\C..V<"'l;S .t, \?J V'i>, L\~I"<;\ ':, \ ··- -.. :.;:;::,~':\ft" ::'. .. tf~t?::?' /JT;,/!~_:.: '.;"•!°::, .·.; \ \ I I ./ ·. _./ J i \ \ I .) ? \ ... _____ ·, l ( yardscapes 8609 horrief avenue south• bloo gtoh 952/887~2794 • fox 952/867-2796 .yardscopes.@ plans not for constucllon unless under conlra:t:. © copyright yardscopes, .inc. 06-318 33 . .-···· N 89°55' 00" E ( _... ..... _ 27.00 ... -·•. '85.22 CERTIFICATE OF SURVEY FOR YARDSCAPES IN GOV' T LOT 1, SEC. 9-117-23 MINNESOTA HENNEPIN COUNTY, EASD.ENT PER DOC. NO. 5063426 _/TO ALLOW SI-ED UNTIL JULY 31, 2045 430.26 225.96 .,., 0 0 BLACKTOP DRIVEWAY .. I 250' I SETBACK-----,,._/ LINE ci LC) •. ,.•··· •,.\/ .. -··· STaE l'ILIR (TY!>) l ............. ,BLACKTOP ...... .ROADWAY I f-a:: 0 z BLACKTOP oJ1vEWAY 33 (i"'··•... ··.,.,s.s2--' ··· .... _. I -·------ ! ! I I I I I I WEST LINE OF ,.....:?'l GOV'T LOT 1 .. I SEC. 9-117-23 I I ~I "'1 j __ ~- ? I I I I 0 0 c:i I{) tO ! ' .~\:· ! 0 0 ci 0 OCl t_~ _______ t_ __ L __ _ SW COR OF _ ... c:J" ··,.... S 89°55' 00" W GOV' T LOT 1 .... •· SEC. 9-117-23 ·· •.• SOUTH LINE • ·· or GOV' T LOT 1 SEC. 9-117-23 136.49 s 89°55' oo" w ..... --···· , ..... __ ..... I I I I CONCRETE/ PA TIO I // /1;!!1 LEGAL DESCRIPTION OF PREMISES : 217.87 387.36 That part of \he South 800.00 feet of Government Lot 1, Section 9, Township 117 North, Range 23, West of the 5th Principal Meridian, described as follows: Beginni~g at the Northwest corner of said South BOD.DO feet; thence East along said North line of scid South BOO.OD feet, 430.26 feet; thence deflecting right 12 degrees 06 minutes, 70 feet, more or less, to the shore of Lake Minnetonka; thence southwesterly along said shore line 140 feet, rnore or less, to the North line of the South 650.00 feet of said Government Lot 1; thence West along said North line to the West line thereof; thence North along said West line to the point of beginning. o : denotes iron marker Bearings shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of four existing buildings, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. I I I I I I I I I I 75' / SETBACK-/ LINE / I I I I / ( I I I / ED I .... (/ . .. -· ----·-·--··--··--··-·· I s 77059, 0 ,, ........... --40.00 .. ?. £ ,...... '\ ··-· ··:.: ..... . SURVEY,.... / LINE .... ~ I I ~ /4 I._/;] loo-> /~ ;0 I I I /~ I ",· ~ LAKE MINNETONKA CRYSTAL BAY ......... __ 929.4 CONTOUR LINE t-u w -:, 0 0:: 0.. CITY of ORONO September 26, 2006 Lincoln Danforth Y ardscapes, Inc. 8609 Harriet A venue South Bloomington MN 55420 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application 06-3237 Municipal Offices Mailing Address: P.O. Box 66 Crystal 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 variances for property located at 1480 Bohns Point Road. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Monday, October 16, 2006. 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 Evelyn Turner City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Variance Receipt Page 1 of 1 1•1 -Hennepin County Taxpayer Services: Variance Receipt Organization: Lincoln Danforth Contact Name: L.D. ContactAddress: 1480 Bohns Point Road Wayzata ,MN 55391 Contact Phone: 3635789 Contact Email: -- Buffer Distance (ft): 150 Total Number of Labels: 8 Base PID List : 38 08-117-23 44 0006 38 08-117-23 44 0010 38 08-117-23 44 0023 38 09-117-23 33 0002 38 09-117-23 33 0003 38 09-117-23 33 0004 38 09-117-23 33 0005 I 38 09-111-23 33 0006 I I 11 'I I I I II II I Comments: 15 0-foot list Date: 9/19/2006 3:53:03 PM Batch Number: 9-617 j; Total Cost: $25.00 · I 9/19/2006 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#06-3237, was mailed to the attached list of property owners. In Wimess Whereof, I have hereunto set z~Octob:r, 2006. b Leskinen 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 Conunission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 16, 2006, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #06-3225 #06-3226 #06-3232 #06-3234 #06-3235 #06-3236 #06-3237 #06-3238 David Carlson on behalfof875 WBW, LLC., owner of875 Wayzata Boulevard, RR-lB zoning district, requests rezoning of the property to RPUD Residential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9-unit residential development on this 10.4-acre site. Edward and Nancy Kay Biem1an, 505 Ferndale Road North, RR-lB zoning district, request a side setback variance for the existing garage, which was inadvertently constructed with a 21 foot setback when a 30 foot setback is required . Sha1ntt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-lC zoning dish·ict, requests a 0-7 5' zone hardcover variance to allow 7 .1 % hardcover where 13 . 9% cunently exists and 0% is nonnally allowed, and a 7 5' -250' zone hardcover variance to allow 32.5% where 35% cunently exists and 25% is nom1ally allowed in conjunction with the construction of a new single family home to replace the existing residence. Daniel Hessburg, 4725 North Shore Drive, LR-lB zoning district, requests lot area, lot width, rear yard setback and 75'-250' zone hardcover variances in conjunction with the consh·uction of a new single family home to replace the existing residence. Daniel Hessburg, 4731 North Shore Drive, LR-lB zoning dish·ict, requests lot area, lot width, rear yard setback and 75'-250' zone hardcover variances in conjunction with the construction of a new single family home to replace the existing residence. T.J. Bonnett, 60 Smith Avenue, RR-lB zoning dist1ict, requests a side setback va1iance to allow consh·uction of a deck attached to the rear of the house, proposed to be located 10' from: the side property line when a 30 foot setback is required. Yardscapes, Inc . on behalf of Chloe Moran, 1480 Bobns Point Road, LR-lB zoning distTict, requests hardcover and average lakeshore setback variances to allow reconstrnction of the pool and surrounding terraces. Vogue ICF Homes on behalf of William and Sue Dunkley, 2709 Walters Port Laue, LR-lB zoning distTict, requests lakeshore setback, average lakeshore setback and hardcover variances to allow the addition of a second st01y plus a half st01y to the existing residence. #06-3239 #06-3240 Vogue ICF Homes on behalf of John Henry, 2216 Shaclywoocl Road, LR-lC zoning district, requests lot area, lot width and hardcover variances to allow construction of a new single family home to replace the existing residence. City of Orono, 2750 Kelley Parkway, proposes an amendment of Orono Municipal Zoning Code Section 78-1 with regards to the definitions of"basement" and "st01y", and regarding the methods for determining height of buildings and number of stories. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by October 11, 2006 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Connnission ,/-1/:~ Michael P. Ga~~3/i: anning Director To be published in the Sun Sailor on October 5, 2006. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office 2 RUN DA TE: 9/19/2006 38 08-117-23 44 0006 3220 BOHNS POINT LA CA THERINE M SALLAS CATHERINE M SALLAS 3220 BOHNS POINT LA WAYZATAMN 55391 38 09-117-23 33 0002 3165 NORTH SHORE DR A MUNSON & D MUNSON ALLEN & DEANNA MUNSON 3165 NORTH SHORE DR WAYZATA MN 55391 38 09-117-23 33 0005 1500 BOHNS POINT RD L R ANDERSON JR/KA ANDERSON KRISTIN AILEE R ANDERSON JR 2001 SUGARWOOD DR LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 08-117-23 44 0010 3225 BOHNS POINT LA H&VSWEATT HENRY L SWEATT 3225 BOHNS POINT LA WAYZATAMN 55391 38 09-117-23 33 0003 1420 BOHNS POINT RD M& VWAGENER MAURICE J WAGENER 1420 BOHNS POINT RD WAYZATAMN 55391 38 09-117-23 33 0006 1520 BOHNS POINT RD FREDERICUS A COLEN TRUSTEE FREDERICUS A COLEN 1520 BOHNS POINT RD WAYZATAMN 55391 38 08-117-23 44 0023 1535 BOHNS POINT RD JACOB HLNDGS OF BOHNS PT LLC ADAM & KA THY LAFA VRE 1535 BOHNS POINT RD WAYZATA MN 55391 38 09-117-23 33 0004 1480 BOHNS POINT RD CHLOE HELD MORAN CHLOE HELD MORAN 1480 BOHNS POINT RD WAYZATA MN 55391 PAGE: 1 SUN newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as -------'O'---r--'-o-'-'n--'-o_Sc...uc.;.;n.c...-..::.S..::.ac.;,;il,;:_o;_r ____ _ and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for ___Q_l}L successive week(s); it was first published on Thursday, the __J_g__ day of __ O_c_t_o_b_e_r ~ 2006, and was thereafter printed and published on every Thursday to and including Thursday, the __ day of ______ , 2006; and printed below is a copy of the lower case alphabet from A to Z , both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY/~ Subscribed and sworn to or affirmed before me on this ____!_g__ day of October , 2006. ~ &Jl~c-_ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ __ __,,2...,,.8""5"--""pe=r'-'l.,_,._in=e $ --~6=.2=0"-"'-pe""r""l.,_,._in=e $ ____ 1_.3_0_pe~r~lin~e ~{}:fJ)ii l i'l. -!Jot ',stri:i ' 'Jrigf #Ot3 . ..,. , . ,, . .,!If _ ay,._propos-, :~~,an .tme.~d.rnEiQt · . oriing .Code;:~ec- t1on'78-1 ·V"1tli :-feg;i.r,<1s t~th:S cle(init[ciris of "liasement''·and ·' • "stoiy,: ~r:id, regardimg'ft,e meth.9~s fo i . .detemlinirig height . of ,bwldm§s 'amd nOni\),er o! slon.es. . : , . • ] ~/i;;:~;:tt~~~:!ttti~1~'.it~i~if~dti~g~d:~:~;~ .· .c~ange· pnor to-;the _he,arr9g: .are··ac;:' -. ceptect_ .. an<:J should),be sLJ,b,mi :omi:io :by° . .OctoberH ;· 2006'ifpossi.ble.; .. . :are·a\lail- able 'for •teviel;'oira :tJ:ie, iCity;,~ff)ces:•ari_d -all;inte~ested p·e(- sons are. eAcouragE,fl. to .contact tne City •for further infor- mation. For an appointment'. pleas'e call (952) 249-4600. City of Orono ··sy: .Planning Commis_sion Michael P. Gaffron, Planning Director Published in the Sun Sailoron-Octbber 12, 2006. Posted at: Orono City Offices, Crystal Bay Post Office , Long Lake Pos t Office · . · (Oct. 12. 2006) a2/hrgs 101606/DL ~la= ··-.--.· newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms that he is the Chief Financial Officer of the newspapers known as The Laker and The Pioneer, and has full knowledge of the facts which are stated below. - (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minn. Stat. § 33"1 A.02, § 33"1A.07, and other applicable laws, as amended. (B) The printed public notice that is attached, was cut from the columns of said • newspaper, and was printed and published once 1 -~-- successive week(s); it was October , 2006; and p 1 from A to Z, both inclusive, and kind of type used in the Title: CFO =~'----------- Subscribed and sworn to or affi on this "12 day of O ti;i n··' · A, '·~ijo6' svto ,.· e ,\;. _Pp.~ay'.0·~riiP,~feS ~1~,;~me~~nr~Ati \ifr·· ,.j, ,/.) . Qrorio lvluniciP.°al Zoniog .G6d!);Sec;lion ·7.8-· il'lg /·'"#06 -323°5 :._ oa·nie l 'Hessb i { North -~1 wi tli<re'gards-%$ie~aefiiiiiions':0i:"8'a's~:: ( 1 ·:'~':s tlo r~-. o rfve, t ~R~:'B,.Jgni~g · qistr (qi, ,. · me~t"• a ~~l ~to_i;y;'k ~d\:,r;~1ia:r~,i rli :~he •reque:sts lot _e1,re§l., · Im ,~1dth, .re.a~tard ,set-. ,me,i~oda , !pr detE\~(1]!!1.J11g ,}11,!1~.ht ·q_! bu11a- · baclq a,nd )75''.250 '· zoneUiardcover varl -ingsana1J..UmbE1o~bt stories.t .; . :"'ances'in coh)u hctio'n .'.with : tfi'1?:fonstr u.ction'. c + ,.rt J?f,;J ,i-}::r{'"f{;,~jf.}-1 ;,,, '. · • • :••,I ;i,t .lfif,>·~~•~,ir.:-.. t , ~•i •{;' '·/'., ,..•. j #06;3226 .. _ -Edward . and ' Narn~y Kay RA Biir ~;i.n ; 50,5, Ferndale :F;t.a~d N'o,rth ,' RR- ' . . 1 a.· toning · district , reque~.t a side' settlack, ("1) Lowest class1f1ed rate paid b vatianc_e 'f.o~J j,e \exis.ting ',garage, whlc:h for comparable space w_as iriadvert,ently constructed with a ~1 foot ,setback _ when a 30 foot setback 1s (2) Maximum rate allowed by la, req~ir ~ct: , - "#06-3232 -Sharratt Design on behalf of •Michael &·Mary Drazan , 3546 Ivy Place, (3) Rate actually charged for the LR -1C zoning disirict , requests -a 0-75 ' zone hardcover variance to allow 7.1% hardcover where 13 .9% cu rrently exi sts and 0% Is ·normally allowed , aod a 75 ' - 250' zone hardcover variance to allow - 32.5 % where 35 % currently exists and of a.new'single ·family home to replace •the ·. All ·persons )'-'.ishing to be heard are existing ·residence.·.-~·.: ·encourageg to atteria this meeting. T_his is . ' . . not ;a:-'final, aij_~nc;!a ,arid _-is , S!JbJect to #06~3236 ': T'.'J. Bonnett, 60 S~ith . ''.•cti,ange prlpl'.,tb:.!t),fhearir;i_g. JJVrittenJ.~TTJ- Avenlle /RR-'.18 z'oni~g ~istrict ;reques\s a ··rnerits ;.are 'acc.ept,e·o afjd 'sho.uld be "sob- .side setb<1-9k.,varf~nce · to <allow :~o _nstn:ic-'.mlfted to t~e City '.otorono ·by :0 c'tober..'i 1, lion of a deck attachect ·tcHhe r.eat ;cif the ,,2oos·::,i(po@ble(Rlah~; or p~p_osals·,,a~e · hquse ; 'propose a' tq b,e located '1 o·: fr~r.n .. !avail_ab_l!' f9r reY[~W19-l.~ef 9.ity Qffi~·~-~: a:,il,d ·the· side 'prcip€rty. lfrie''wheii ·a· 36' foot 1st-,; al t. interested .persons are encouraged •lo · back is ·req ,liired , ., ·• · , _,. · · .. '.~i,~t,l.qtth ~ ~itit{d~f~/-ther Jnfot maiion .Jor an · appointmeriW•,please call (952) 249- #0 6?i23 7 '... Yi:!rds ca pes , Inc . on behalf of Chloe Moran, ·1480 Sohns Point Road , LR-18 zoning district, requests hardcover and average lakeshore setback variances to allow reconstruction of the pool and surrounding terraces . #06-3238 -Vogue ICF Homes on behalf of Wi lliam and Sue Dunkley, 2709 Walters Port Lane , LR-1 B-zoning district , requests lakeshore setbac ~, average lakeshore setback and hardcover variances to 'allow the addition of a second story plus a half :~:0~f ~(~;}~ ]~f ! -r ,. . . . 'By :-Planni'ng Coi:nmission Posted at : · Orono City Offices Crystal Bay Post Office Long La ke Post Office . . . . Michael P. Gaffron, Pl anning Di re ctor (Published in The La ke r and The Pioneer newspapers , Oct ober 7, 2006) TRACKING SHEET FILE NO. 06-3237 Staff: ---- SITE ADDRESS: 1480 Bohns Point Rd. Applicant: Lincoln Danforth of Y ardscapes Owner: Chloe Held Moran Address: 8609 Harriet Ave. S Address: 1480 Bohns Point Rd. Bloomington, MN 55420 Wayzata, MN 55391 /4eting with Staff iz( Application Completed Date:_lf-+-1-/-<,-->,<{ &-+--'( O"'---""lo'--- Date:_fj__..,...,/f--~~O-+/i~0'----'0=--_60 Day: I 7 1(/(Cf /olO I I □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD D Property Owners Notified: Date: ______ _ □ Legal Notice Published Date: ------- PC Meeting(s): _ ____.l~Op'-'-'r v'-1-/0:,::..__.:;¼7~--Vote:---"-[p_-_O __ _____________ Vote: ______ _ Vote: --------------------- ~ Notice of PC Action: 10/nlat2 ___.=-7~7'-'-"--"'"---------------- City Council Meeting(s ): _......,u"'""'v-+/_..l ..... 1'-1-!ch.t...,,.(1',____ _____ Vote:_&,=----____,O=----- _____________ Vote: _____ _ Vote: -------------------- □ Resolution: