HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING
MINUTES FOR APRIL 13, 1998
(#6) #2308 Brook Park Realty, 3760 Shoreline Drive -Continued
Flint questioned the tolling of dates in relation to the statutory deadline. Keane responded that the
applicant was agreeable that there be a tolling of any time periods which would otherwise run against
the City or the applicant during the continuance period while the City and the applicant seek to work
out a solution.
Jabbour moved, Goetten seconded, to continue Application #2308 to the Council agenda of April
27, 1998 based on the applicant's request. Ayes 5 , nays 0.
(A short recess was held.)
(#8) #2348 MARY JANE HAUSER, 1540 BOHNS POINT ROAD -VARIANCES -DENIAL
RESOLUTION NO. 4062
The applicant was not present.
Van Zomeren explained this application was reviewed at the March 23 Council meeting , at which
time Council directed staff to draft a denial resolution.
Peterson moved, Goetten seconded, to approve Resolution No . 4062 denying a hardcover variance
of .9% in the 75-250' lakeshore setback to allow 25.9% hardcover where 25% is allow ed for the
construction of a new residence on a vacant lot. Vote : Ayes 4, Nays 0. Kelley abstained as he was
not present at the March 23 , 1998 meeting.
(#9) #2350 KEVIN AND LISA OLSEN/JAMES AND JUNE TOUVE, 4196 NORTH SHORE
. DRIVE -PRELIMINARY CLASS I SUBDIVISION
Lisa Olsen and Lou Oberhauser, her attorney, were present.
Gaffron explained that the proposal was for a Class I subdivision to separate one of three lots from
the property at 4196 North Shore Drive. At some time in the past, Lots 55 , 56 and 57 were legally
combined. In 1986, Touve sold Olsen Lots 55 and 56 without Lot 57 , which was an illegal
subdivision. The County notified the City of this subdivision . The City, in turn, notified the buyer
and seller at that time that a subdivision application would be required.
The property is in the 1 acre zoning district. As Lots 55-56-57 exist, they meet the 80% zoning
standard, and the property would be considered a buildable lot.
The adjacent Lots 58-61, owned by Touve, are .9 acre with less than .5 acre dry buifdable. A lot area
variance would be required to build a home on those lots. The property was never assessed for sewer
and no stub exists . However, the property could be ·sewered since sewer is available in the area .
9
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
473-7357
TO: Mary Jane Hauser
3425 Warner Lane
Minnetrista MN 55364
TYPE OF APPLICATION: Variance
APPLICATION NO. #2248
NOTICE OF COUNCIL ACTION
Date of Notice: April 14, 1998
COPIES: Bruce Malkerson
1500 AT & T Tower
901 Marquette Ave S
Minneapolis MN 55402
-------------------------------------------------------
DATE OF MEETING: 04/13/98 VOTE: 4 FOR 1 AGAINST
COUNCIL ACTION -MOTION:
To adopt the denial resolution as prepared by staff and previously mailed to you.
REQUEST FOR COUNCIL ACTION
Department Approval:
Name
Title
Brad Bressler
Planning Assistant
Administrator Reviewed:
Item Description: #2248 Mary Jane Hauser
1540 Bohns Point Road
Variance-Public Hearing
DATE: April 13, 1998
ITEM NO.:
Agenda Section:
Zoning
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 57,200 s.f. (1.13 acres)
Application:
The applicant had proposed the construction of a new residence on a vacant lot that would not
meet hardcover requirements. A variance for hardcover was required in the 75' to 250' lakeshore
setback.
The City Council directed staff by a 4 to O vote at the March 23, 1998 Council meeting to draft
a denial resolution for this application based on the following findings of fact:
• The percentage of hardcover proposed for the residence and driveway in the 75' to 250'
lakeshore setback is 25.9% where 25% is allowed.
• The property meets area and width requirements. Allowing the requested hardcover variance
would set a negative precedent in allowing a hardcover variance for new construction on a
vacant lot of record that meets all zoning requirements and would not be in keeping with the
spirit and intent of the City's Community Management Plan and Zoning Ordinance.
• A residence of reasonable proportions can be constructed on the lot without the granting of
a hardcover variance. The residence as proposed includes a substantial driveway and two
decks. The hardcover requirement can be met with minor adjustments to these amenities.
• The plight of the applicant is not due to a hardship unique to the property, but rather the
desire to create decks and a driveway that increase the hardcover amount over what is
allowed by code.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
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A RESOLUTION DENYING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2,
FILE NO. #2348
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the state of Minnesota.
WHEREAS , pursuant to state statutes 412 et, seq., the City Council of the City
of Orono has adopted zoning regulations for the protection of public health, safety and general
welfare ; and
WHEREAS, Mary Jane Hauser (hereinafter "the applicant") is the owner of the
property located at 1540 Bohns Point Road within the City of Orono (hereinafter "the City")
and legally described as follows:
See Exhibit A for legal description (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 2 to permit the construction of a new residence on
a vacant lot that would exceed the 25% hardcover requirement in the 75' to 250' lakeshore
setback.
WHEREAS, the Orono Planning Commission reviewed this application on March
16 , 1998 and recommended approval by a 4 to 0 vote based on a revised proposal of 25.9%
hardcover in the 75' to 250' lakeshore setback where 29.8% was proposed by the applicant.
WHEREAS, the Orono City Council on March 23 , 1998 moved on a 4 to 0
vote to deny the variance request and directed staff to draft . a denial resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono ,
Minnesota hereby denies the variance application based on or more of the following findings
of fact concerning the property :
Page 1 of 3
1.
2.
3.
4.
5.
6.
7.
FINDINGS
This application was reviewed as Zoning File #2348.
The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring 1 acre in area. The property consists of 57,200 s.f. or
1.13 acre.
The percentage of hardcover~opose.d for the residence and driveway in the 75'
to 250' lakeshore setback is 5.9 where 25% is allowed.
,¥.._~/ ·: ·~·-·
The property meets area and width requirements. Allowing the requested
hardcover variance would set a negative precedent in allowing a hardcover
variance for new construction on a vacant lot of record that meets all zoning
requirements and would not be in keeping with the spirit and intent of the City's
Community Management Plan and Zoning Ordinance.
A residence of reasonable proportions can be constructed on the lot without the
granting of a hardcover variance. The residence as proposed includes a
substantial driveway and two decks. The hardcover requirement can be
met with minor adjustments to these amenities.
The plight of the applicant is not due to a hardship unique to the property, but
rather the desire to create decks and a driveway that increase the hardcover
amount over what is allowed by code.
The City Council finds that the conditions existing on this property are not
peculiar to it and apply generally to other property in this zoning district; that
granting the variances would merely serve as a convenience to the applicant, it
is not necessary to alleviate a demonstrable hardship or difficulty; it is not
necessary to preserve a substantial property right of the applicant; and would not
be in keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
Page 2 of 3
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
denies a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to deny a hardcover
variance of .9% in the 75' to 250' lakeshore setback to allow ~o ~ardcover where 25% is
allowed for the construction of a new residence on a vacant lot. 2~'"l
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 13th day of April, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of April,
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 3 of 3
Legal Description
..
That part of Lot 1 in Section 9, Township 117, Range 23. described as follows:
Commencing at a point on West line of said Section 9, 225 feet North of Southwest
corner of said Section 9. thence North along said W~ line of Section 9. 175 feet
thence East on a line parallel to the South line of said Section 9 to the shore of Lake
Minnetonka; thence in a Southerty direction along the_ shore of Lake Minnetonka
181 . 64 feet more or less to a point where the said shore is intersected by a line drawn
through the point of beginning and parallel ·,o the South line of said Section 9; thence
West on a fine parallel to the South line of said Section 9 to the point of beginning,
according t-o the plat th.ereof on file or of l'9COf'd in the office of the County Recorder,
Hennepin County, Minnesota.
MAL KERSON GILL IL AND MART IN LLP
Mayor and City Council
City of Orono
P.O. Box 66
SUITE 1500 ATa.T TOWER
901 MARQUETTE AVENUE
MINNEAPOLIS, MINNESOTA 55402-3205
TELEPHONE 612-344-1111
FACSIMILE 612-344-1414
Bruce D. Malkerson, Esq.
Direct Dial (612) 344-1699
March 20, 1998
Crystal Bay, MN 55323-0066
Re: Application by Mr. and Mrs. Hauser for a Variance from the Hardcover Standards
to be Heard on March 23, 1998
Dear Mayor Jabbour and City Council:
Introduction.
I represent Mr. and Mrs. Hauser, who have applied to the City of Orono for a variance
relating to the hardcover restrictions to enable them to build their proposed home on Bohn's
Point Road. This letter is similar to one I sent to the Planning Commission, but it has been
updated to reflect the discussion of the Planning Commission on March 16, 1998. I am mindful
of the City of Orono's desire to protect the environment within the City, including but not
limited to Lake Minnetonka. In fact, I was the City Attorney for the City of Orono from 1973 to
1984, after which another member of my then-law firm took over as the lead attorney. Since
1984, from time to time I would assist the City Attorney in understanding some of the factual
history relating to some of the zoning and other matters that took place while I was the lead City
Attorney. I left the Popham Haik law firm in 1984 to act as in-house counsel for a client. I then
returned in 1988 to the Popham Haik firm, where I stayed until two years ago when I started my
own firm. I note this history to you so that you understand that I have personal knowledge
concerning many of the ordinances of the City and the legislative history relating to them.
In regard to the hardcover ordinance, as I recall, I drafted it in 1975 after input from the
Planning Commission and Council relating to the objectives which were sought to be achieved.
At that time, quite frankly, it was a very radical ordinance in that I cannot think of any other
municipality that had in effect then hardcover restrictions, other than what was then a 50-foot
15264BDM
Mayor and City Council
March 20, 1998
Page 2
setback of principal structures from the lake, which later became a 75-foot setback in the City of
Orono and elsewhere.
At that time, we developed these hardcover standards without having, as I recall, any
empirical data to support the percentages that were set forth in the proposed ordinance. This was
in part because of the lack of data available. However, it was thought that the percentages that
were adopted would generally allow for the development of high-quality homes around the lake,
which could comply with those general standards, absent long lots, unique topography, unique
situations relating to treed areas, etc., that in any event should be preserved from alteration if at
all possible. The intent of the Council then, at least, was to grant variances liberally, as long as
the variances did not result in too much alteration of the standards, absent extreme situations,
because at least we had established a general standard that could be modified liberally as
necessary to allow for development.
In fact, the shoreland regulations in effect today, that are promulgated by the State of
Minnesota and must be incorporated as minimums into shoreland ordinances, only require a
hardcover restriction of 25 percent applied over the entire lot and not a 25 percent restriction
between the 75 and 250 foot setback as is set forth in the City's ordinance.
My clients propose a home on Lake Minnetonka which is not extraordinary in size,
number of bedrooms or garage stalls, etc.
As can be seen from the plans submitted by my client, the home is a four-bedroom home
with a three-car garage, and one of the bedrooms is in the basement. That is not an
extraordinarily large house for a Lake Minnetonka home, or, quite frankly, for any new home in
the City of Orono. However, because of the distance of the home location from Bohn's Point
Road, the driveway leading to the home that is within the 75 to 250 foot setback is longer than
one might normally find on some lots that are of a normal configuration so that the home site is
closer to the public road. In this case, the lot length has resulted in a need for a longer driveway
that has contributed to the hardcover slightly in excess of that which is allowed under the
ordinance without a variance.
As my clients will demonstrate, they could move the house further back so that there need
not be a driveway of such length within the 75 to 250 foot setback area, but then that house
would look out of place when it is viewed from the lake or from Bohn's Point Road. Moreover,
the view to the lake from that house at that location would be blocked substantially by houses on
each side that have been built at the 75-foot setback line.
As my clients will discuss, they have with their architect and builder considered various
15264BDM
Mayor and City Council
March 20, 1998
Page 3
configurations of the house to try to be in a position, given that long access driveway, so as not to
require any variance, or if any variance is required just a very modest one of one to two percent.
Moreover, they looked at moving the house further back, even though there would be visual
impact to the lake, but there would be a need then for extensive moving of dirt or filling of lower
areas on the lot. Therefore, they propose to build the home outside of the 75-foot setback area
and on the building pad of the home that was there previously.
In any event, at the present time, the hardcover as allowed by the City ordinance, would
be 7,795 square feet, or 25 percent of the area between the 75 and 250 feet, and 3,450 square feet,
or 30 percent of the area between 250 and 500 feet. The total area for the lot is 57,063 square
feet. The total hardcover allowed without a variance for the entire lot would be 11,245, or 20
percent of the entire lot in this situation. My client proposed a total hardcover on the lot of
11,963 square feet. 11,963 square feet-;-57,063 square foot lot= 20.9 percent. That hardcover
of 20.9 percent for the entire lot is in conformance with Minnesota Rules Section 6120.3300,
subpart 11, which states in relevant part the following specific standards:
"I. Impervious surface coverage oflots must not exceed 25 percent of
the lot area."
In fact, under State law, my client could have 14,266 square feet of hardcover (57,063 square feet
x 25 percent= 14,266 square feet). It is clear from a review of the Minnesota Rules that the
Department of Natural Resources, the MPCA and others that were involved in the development
of them did not believe it was necessary to restrict hardcover less than 25 percent for the entire
lot. I realize that is not necessarily controlling on the decision-making of the City of Orono, but
it does indicate that there is nothing wrong from the State's perspective of allowing variances to
your standards in such a way that do not exceed overall 25 percent impervious surface for the
entire lot.
The Application of the Undue Hardship Standard in the Variance Standard
Sometimes people feel that the variance standard is such that it should be strictly applied
in all situations. Even if one were to apply that feeling here, I believe that this variance request is
justified under the variance standard for the following reasons:
1. The hardcover that my clients are proposing is not excessive, given the location of
the home and the neighborhood.
2. Part of the reason why the general standard is exceeded is because of the
configuration of the lot and the need for a more lengthy driveway to reach the home site.
15264BDM
Mayor and City Council
March 20, 1998
Page 4
3. To move the home site back to the road does not make sense, because then the
view to the lake would be adversely affected by the adjacent homes, and the house would look
out of place both from the lake and from the roadside.
4. My clients, by adding some holding ponds to their property, are making sure that
the surface water runoff in any event is treated better than it would be with the normal
development of the home, which would not provide for holding ponds on the site.
5. Much of the surface water runoff on this property now and in the future is from
the public road, which water is passing through the property, untreated presently, and that water
and the lake would be benefitted from my clients' proposed treatment ponds that otherwise
would not be built, unless the City wished to acquire an easement over the property and build
those ponds.
6. As my clients will demonstrate, they could move the driveway to a new location
which would then result in no need for a minor variance. However, in doing so, my clients
would need to fill over the existing paved driveway, regrade the area from the street to the house,
remove several large trees and the electrical pole. The lights from the cars exiting that driveway
would shine into the home across the street. All of the above adverse effects could be eliminated
by using the existing paved driveway, which necessitates a minor variance.
7. Granting of a variance would not set an adverse precedent, since this fact
situation, as noted above, is readily distinguishable from other situations.
8. The legislative history is, as I recall, that variances within reason should be
granted liberally because of how stringent the 25-percent limitation between 75 and 250 feet of
the lakeshore was.
9. The State standard is 25 percent applied to the entire lot, which would allow
hardcover of substantially in excess of what my clients are proposing.
In Rowell v. Board of Adjustment, 446 N.W. 2d 917 (Minnesota Court of Appeals 1989)
the Court interpreted the State mandated variance test which applies to cities in a very flexible
manner. The Court clearly allows and promotes such flexibility. For example, the Court stated:
15264BDM
"The first requirement is that the property cannot be put to a reasonable use
without the variance. This provision does not mean that a property owner must
show that the land cannot be put to any reasonable use without the variance. In
such a case the constitution would compel a variance regardless of the statute.
Mayor and City Council
March 20, 1998
Page 5
See Holasek v. Village of Medina, 303 Minn. 240,244,226 N.W. 2d 900, 903
(1975). The statute is clearly intended to allow cities the flexibility to grant
variances in cases where the constitution does not compel it. Thus, we read the
first part of the definition of "undue hardship" as requiring a showing that the
property owner would like to use the property in a reasonable manner that is
prohibited by the ordinance."
The Court in Sagstetter v. City of St. Paul, 529 N.W. 2d 488 (Minn. App. 1995),
approved of the decision in Rowell and provided additional guidance which would support the
City of Orono's granting a variance to my clients as follows:
A reviewing court will set aside a city's decision in a zoning variance matter if the
decision is unreasonable. . . . Reasonableness is measured by the standards set
out in the city's ordinances. Id. Reasonableness can be stated in terms of what is
not arbitrary and capricious. . . . Appellants construe the statute and ordinance
sections, which state that the property "cannot be put to a reasonable use" under
the strict provisions of the code, to mean that if the property can be put to any
reasonable use, then granting a variance is unreasonable. This court has
previously construed this language to mean that the landowner would like to put
the land to a reasonable use, but that the proposed reasonable use is prohibited
under the strict provisions of the code. . . . Here, the city wants to put the land to
a reasonable use: placing a dome over the field to enable year-round use. The
design of the entire park results from the city's desire to ameliorate local problems
by adding parking spaces, concession facilities, and public restrooms. These are
reasonable responses to valid concerns. Evidence was presented that soil
conditions and a sewer main prohibited excavation that would allow the field to
comply with the 30 foot height limitation in the ordinance. The plan alleviated
parking problems, and if a different design were used, the plan would not provide
as many parking spaces. The evidence supports the city council's determination
that unique conditions justify a variance in this situation.
We ask that the City be similarly flexible in applying the standards. My clients had
originally proposed a plan which resulted in 32 percent hardcover in the 75 foot to 250 foot area.
Through numerous changes, they cut back the plan to 29 .4 percent.
The Planning Commission reviewed all of the above reasons to grant the variance and
noted that although they had understood from prior Council statements that variances should not
be granted in the case of "new construction", they felt the reasons for a variance were compelling
and they recommended a variance of 25.9 percent. We believe that the "new construction"
15264BDM
Mayor and City Council
March 20, 1998
Page 6
informal test should not apply since this is a lot which had been developed years ago for a house.
The house has been removed, but much of the previously "developed" lot remains, which my
clients wish to preserve such as:
1. The trees along the existing driveway and the front of the lot.
2. The location of the existing power pole.
3. The existing paved driveway, the use of which does not result in car lights shining
into the home across the street.
4. The existing house pad.
5. The existing terrain between the house pad and the street.
Therefore, we believe that this is not totally "new construction." The development pattern and
restrictions for this lot were established years ago by the above factors.
In response to the Planning Commission's recommendation, my clients have redrafted the
plans further to comply with the recommended 25 .9 percent variance.
We respectfully request approval of that recommended variance.
cc: Tom Barrett, City Attorney
Mr. and Mrs. Hauser
15264BDM
Very truly yours,
Bruce D. Malkerson
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
APPLICATION NO. #2348
NOTICE OF COUNCIL ACTION
Date of Notice: March 24, 1998
------------------------------------------------------------------------------
TO: Mary Jane Hauser
3425 Warner Lane
Minnetrista, MN 55364
TYPE OF APPLICATION: Variance
COPIES TO: Bruce Malkerson
1500 AT&T Tower
901 Marquette Avenue South
Minneapolis, MN 55402
------------------------------------------
----------------------------------------------------------------------------------------
DATE OF MEETING: March 23, 1998 VOTE: 4 FOR O AGAINST
------------------------------------------------------------------------------------------------
COUNCIL ACTION -MOTION:
To direct staff to draft a denial resolution for formal approval at the April 13, 1998 City Council
meeting.
A copy of the resolution will be mailed to you prior to the meeting.
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.
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 23, 1998
(#16 -#2346 Mark and Pamela Palm -Continued)
Goetten was informed that the building envelope and the applicant's plan to build up in
order to not add any structural coverage . Goetten questioned how close the neighboring
house is to the residence . Van Zomeren said the neighboring home is not as close as the
pictures make it seem. The neighbors have signed the acknowledgment.
Jabbour moved , Flint seconded, to approv e Resolution No . 4056. Vote: Ayes 4, Nays 0 .
(#17) #2348 MARY JANE HAUSER, 1540 BOHNS POINT ROAD -VARIANCES
Mr. Hauser was present.
Bressler presented pictures of the property and distributed full sized surveys. The
proposal is to construct a new residence requiring a hardcover variance in the 75-250'
lakeshore setback. The previously proposed stormwater detention pond has been deleted
from the plan. The Planning Commission recommended approval for 25. 9% of hardcover
in the 75-250' setback where 29.8% hardcover was proposed by the applicant. The deck
had been larger and the loop driveway was reduced .
Bressler noted the plan of the applicant if the variance is denied . The driveway would
come straight in through a treed area . The hardships noted by the applicant involved
cu ting trees and ettect on grading, relocation of utility poles, and headlights shining into
neighboring homes . The proposed driveway would reuse the existing driveway and
grades.
Goetten asked for the hardcover calculations for the driveway . Bressler indicated the
driveway was initially proposed at 3172 s .f but has been reduced approximately 800 s.f
to 2390 s .f The driveway is included in two zones but would not adversely affect the
250-500' setback.
Hauser related the history behind the property and the application. The hardcover in the
75-250' lakeshore setback has been reduced from 32% to 25.9%. He indicated the
problem is with the existing grades. Hauser said the house as proposed could be built
without a variance if the driveway were to come straight out from the garage. This
would require 5' retaining walls on both sides of the driveway .. The garage would affect
sight lines . He reiterated the headlight problem as well .
Jabbour suggested reducing the size of the house. Hauser said he has already done that
indicating that he felt some of the rooms were now substandard . Jabbour informed
Hauser that the Council's obligation is to the ordinance and not to the neighborhood. He
stated that if this proposal was approved, it would set a precedent. Jabbour said he needs
to base his decision on hardships and how the land was made.
22
lV.IINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON MARCH 23, 1998
(#17 -#2348 Mary Jane Hauser -Continued)
Bressler informed Goetten that the driveway as revised would result in 25.9% hardcover
in the 75-250' setback or 25% if the driveway came straight out. -....
Jabbour was informed that the 0.9% of hardcover constitutes 283.7 s.f Hauser voiced
his objection with reducing the home or driveway any further.
Goetten commented that the house had been removed and policy is for no variances for
new construction. Hauser reiterated the problems that would be caused if the driveway
was changed.
Jabbour noted that a new curb cut would require approval. Hauser said that is the
hardship. Jabbour acknowledged that the applicant had a hardship but said it does not
address the need for a large residence. Jabbour did not believe the driveway could be
relocated and suggested the house be reduced in size.
Hauser asked what rules are used for relocation of a driveway. Jabbour said sight lines
are considered. Hauser asked to see the rules.
Peterson asked if the house was redesigned and garage was located on the south side,
whether this would reduce the hardcover to accommodate the concerns. Hauser set that
plan was reviewed. It would require a large amount of fill.
Hauser said he felt he has a legitimate land use issue noting other hardcover variances
have been granted.
Peterson noted the size of the south deck, 429 s.f., and spa deck, 280 s.f.. Bressler
indicated the amount of hardcover over the allowed amount is 287 s.f Jabbour also
suggestect rounctmg tne corners or the ctnveway.
Jabbour asked if the applicant would like the application tabled or moved. Hauser asked
for the Council to take action as he would not require a variance ifhe removed the deck
as suggested.
Peterson moved, Jabbour seconded, to deny Application #2248 because of new
construction, and the proposal could meet all setbacks and hardcover requirements
stipulated within the code. She would support the application if hardcover was met.
Goetten suggested the deck be removed.
Hauser said he felt he has shown hardship.
Vote: Ayes 4, Nays 0.
23
MINUTES OF THE REGULAR ORONO CITY COUNCil,
iVlli..t.llJ'H..T ..tl.tLJJ Ul'I lVIAKLtl ,l,j. l~~lS
(#18) #2351 LAURA ZAUNER, 3262 NORTH SHORE DRIVE -AFTER-THE-
FAC'T VAlHANrFS-RFSO"LTTTTON NO. 40:;7
The applicant was present.
Bressler reported that the applicant is requesting an after-the-fact variances for hardcover
in the 0-75' iakeshore setback, iakeshore setback, and average lakeshore setback to aliow
the retention of a rebuilt deck on the lake side of the residence. The Planning
Commission recommended approval. Bressler reviewed the findings.
Jabbour was informed by the applicant that she gradually rebuilt the deck and apologized
for the misunderstanding. Zauner said she did reduce the size of the deck by removal of
posts and eliminating planters. Zauner said her hardship was her being transferred to
another state and the house is under contract.
Jabbour noted that the property is substandard and there is no additional land to
purchase. The residence was built prior to zoning and to utilize the residence, a variance
is necessary. Nothing would exist on the lot without a variance.
Goetten asked that the resolution include the condition that no more hardcover would be
allowed on the property in the future.
Flint moved, Goetten seconded, to approve Resolution No. 4057 with the added
condition that no more hardcover be allowed on the property. Vote: Ayes 4, Nays 0.
Jabbour asked Van Zomeren to include in resolutions boilerplate language stipulating that
no additional hardcover would be allowed on these smaller lots.
(#19) PARK DEDICATION Al\!IENDl\!IENT-ZONING/SUBDIVISION
ORDINANCE
Gaffi-on reported that the amendment to the ordinance addresses the issue of rough
proportionality, providing a basis for determining the amount of park fees in relation to
the impact of both residential and commercial subdivisions on the City's parks. The
ordinance establishes that there will be maximum and minimum "per dwelling II park fees
established each year. Language has been added regarding how park funds can be used.
Other language has been eliminated regarding minimum contributions per lot. The
ordinance does not establish park dedication requirements for the development of
properties absent a subdivision/PRD/PUD process. Additional discussion is required on
this topic.
Goetten asked where there is a problem with that issue. Barrett said the City has no
authority to take park dedication in the absence of a subdivision. Goetten asked about
development noting the impact of such development as Spring Hill Golf Course on parks
and rough proportionality.
24
REQUEST FOR COUNCIL ACTION
Department Approval:
Name
Title
Brad Bressler
Planning Assistant
Administrator Reviewed:
Item Description: #2248 Mary Jane Hauser
1540 Bohns Point Road
Variance-Public Hearing
DATE: March 23, 1998
ITEM NO.:
Agenda Section:
Zoning
Zoning District: LR-lB One Family Lakeshore Residential District (1 acre)
Lot Area: 57,200 s.f. (1.13 acres)
Application:
The applicant is proposing the construction of a new residence on a vacant lot that would not meet
hardcover requirements. A variance for hardcover is required in the 7 5' to 250' lakeshore
setback. The applicant had previously proposed a stormwater detention pond as a means of
offsetting the hardcover excess. This proposal has been excluded under the revised proposal.
PLANNING COMMISSION RECOMMENDATION:
Planning Commission recommended by a 4 to O vote to:
• Approve a variance of .9% hardcover in the 75' to 250' lakeshore setback to allow 25.9%
hardcover where 25 % is allowed and 29. 8 % was proposed. Exhibits A and B are the
revised survey and hardcover calculations, respectively per Planning Commission
recommendation.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
II)
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COMMERCIAL PAR TNERS TIT LE, LLC,
MARY JANE HAUSER AND RALPH D. BURGESS, JR .
IN GOV' T LOT !, SECTlON 9-----117-23
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SENT BY:RELIANCE R.E. SERVICES ; 3-18-88 ; 3:31PM ; (612 ) 338-8871---;
HAUSER RESIDENCE
HARDCOVER CALCULATIONS --SCHEME A
Zone 75'-250 1
House
Garage
Driveway
Front Walk/Stoop
Mudroom walk/Stoop
Slab @ back of Garage
Spa Deck
Main Deck
Tops of Retaining Walls
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
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Zone 250 1--SOO I
Garage
Driveway
Monuments
Retaining Walls/Steps
Road
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
2689 sf/ 11,500 sf= 23.4%
3/17/98
3860 sf
881 sf
2390 sf
258 sf
52 sf
16 sf
280 sf
429 sf
2G sf
8262 sf
31,900 sf
702 sf
1412 sf
45 sf
180 sf
350 sf
2689 sf
11,500 sf
6124730510 ;# 3/ 5
SENT BY :RELIANCE R.E. SERVICES ; 3-19-98 ; 3 :32PM ; (612 ) 338-8971--;
HAUSER RESIDENCE
HARDCOVER CALCULATIONS --SCHEME B
Zone 75'~250'
House
Garage
Driveway
Front Walk/Mudroom Walk & Stoops
Slab @ back of Garage
Spa Deck
Main Deck
Tops of Retaining Walls
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
7975 sf I 31,900 sf= 25.0%
Zone 250• .. 500 1
Garage
Driveway
Monuments
Retaining Walls/Steps
Road
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
3101 sf/ 11,500 sf= 27.0%
3/17/98
3860 sf
881 sf
1885 sf
528 sf
16 sf
280 sf
429 sf
96 sf
7975 sf
31,900 sf
702 sf
1824 sf
45 sf
180 sf
35.0...Sf
3101 sf
11,500 sf
6124730510 ;# 5/ 5
A RESOLUTION GRANTING A VARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE NO. #2348
WHEREAS, Rick and Mary Jane Hauser (hereinafter "the applicants") are the
owners of the property located at 1540 Bohns Point Road within the City of Orono (hereinafter
"the City") and legally described as follows:
See Exhibit A for legal description (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 2 to permit the construction of a new residence on
a vacant lot that will not meet hardcover requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2348.
2. The property is located in the LR-1B Single Family Lakeshore Residential
Zoning District requiring one acre in area. The property consists of 57,200 s.f.
or 1.13 acres.
3. The Orono Planning Commission reviewed this application on March 16, 1998
and recommended approval of the proposed variance based upon the following
findings:
Page 1 of 5
I. The hardcover requirement in the 75' to 250' lakeshore setback could be
met. Denial of the variance would result in the driveway being
reconfigured in a manner to meet the hardcover requirement. This option
has several negative effects on the property and neighboring property
including: significant grading would need to occur to construct such a
driveway, headlights would be directed at a the residence across the
street, a utility pole would need to be relocated, significant trees would
need to be removed. The proposed driveway reuses the existing
driveway.
4. 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 variances 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow construction
of a new residence on a vacant lot requiring a variance for hardcover of .9% in the 75' to 250'
lakeshore setback to allow 25.9% where 25% is allowed.
Page 2 of 5
Approval was subject to the following conditions.
1. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (March 23, 1999).
2. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
3. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of March, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owners
Page 3 of 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
March 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ 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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ 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
Page 4 of 5
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Brad Bressler, Planning Assistant
DATE: March 13 , 1998
SUBJECT: #2348 Mary Jane Hauser
1540 Bohns Point Road
V ariances--Public Hearing
Zoning District:
Lot Area:
Application:
LR-lB
57 ,200
One Family Lakeshore Residential District (1 /2 Acre)
square feet ( 1.13 acre)
The applicant is proposing the construction of a new residence on a vacant
lot that would not meet hardcover requirements. A variance for hardcover is
required in the 75' to 250' setback
Pertinent Ordinances:
• Section 10 .22 , Subd. 2: Lakeshore Hardcover Regulations
• Section 10.56 , Subd. 16(C6): Average Lakeshore Setback Regulations
#2 348 Mary Jan e Hau ser
15 40 Bohns P oint R oad
Va riance
March 16, 1998
Page 1
/0
ANALYSIS
Lot Area and Yards
Lot Area Lot Width Lakeside Yard Side Yard Street Yard
LR-lB 1 acre 140' 75' 10' 35'
subject .1.13 183' atOHWL 118' to main 14' proposed 37'
property acres 182' at 75' deck
setback 130' to house
The subject property meets lot area and lot width requirements. All setbacks will also be met as
proposed. Furthermore, accessory structures are allowed to be located closer to the street than the
principal structure on lakeshore lots as there is a detached two stall garage proposed in this yard area.
Structural Coverage
Total Lot Size Total Structural Coverage Percentage
57,200 s.f. 5,524 s.f. 9.6%
The property will meet structural coverage requirements as proposed.
#2348 Mary Jane Hauser
1540 Bohns Point Road
Variance
March 16, 1998
Page 2
Hardcover
Distance Total Area in Existing Allowed Proposed Variance
from Setback Hardcover Hardcover Hardcover Requested
Shoreline
0'-75' 13,800 s.f. 24 s.f. (.1 %)? none 24 s.f. (.1%) none
75'-250' 31,900 s.f. +-1,500 s .f . 7,975 s.f. -9,524 s.f. 1,549 s.f.
(old (25%)~ (29 .8%)
driveway) {J "[\.\:r
250'-500' 11,500 s.f. +-700 s.f. 3,450 s .f. 2,439 s.f. none
(old (30%) (21.2%)
driveway)
A hardcover variance is required in the 75' to 250' lakeshore setback. In the 0' to 75' setback, there
is 24 s.f. of steps that are shown on the survey that may be existing and are allowed by code. These
steps are not included in the applicant's hardcover calculations.
S TAT EM ENT OF HARD SH IP
Refer to the application (Attachment A) for the applicant's statement of hardship.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
It is possible to construct a house and driveway that meet the hardcover requirement.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The lot meets area requirements and meeting the hardcover requirements should not be
problematic.
3. The variances , if granted, will not alter the essential character of the locality.
The variance for the requested amount of hardcover in the 75' to 250' lakeshore setback may
alter the character of the neighborhood.
#23 48 Mary Jane Hau ser
I 540 Bohns Point Road
Varian ce
March I 6, I 998
Page 3
4. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
A single family residence is permitted in this zoning district.
5. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The proposal is for a new residence on a vacant lot that meets all zoning requirements.
There are no peculiar features that necessitate such a variance.
6. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The immediately adjoining properties have been granted variances for hardcover in the 7 5'
to 250' setbacks in recent years under different circumstances. The lot to the north has less
area and also has a residence on it built prior to current zoning requirements. An after-the-
/act variance was granted in 1988 to allow 26.4% hardcover for the construction of a deck.
The property to the south had built a pool when the residence was constructed which was
not considered hardcover at the time. A variance was granted in 1996 to allow 27.18%
hardcover to remain when an addition was made as the amount of approved hardcover
without the pool was calculated at 25%. These residences were both built prior to current
zoning requirements, versus this application which is for new construction.
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicant can build the house essentially as proposed. By eliminating the loop driveway
and reducing the size of the decks, only minor adjustments would need to be made to the
footprint of the house to meet hardcover requirements.
8. The granting of such variances will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
Granting the variance would serve as a convenience as the hardcover requirement could be
met with minor adjustments to the application.
#2348 Mary Jane Hauser
1540 Bohns Point Road
Variance
March 16, 1998
Page4
9. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
Economic factors may be a consideration with this application as the applicant has stated
the hardcover variance is necessary to build a house in keeping with the value of the lot.
1. The property meets lot area and width requirements. Constructing a residence that meets all
zoning requirements should not be problematic.
2. The main deck on the lake side of the residence is a non-encroachment on the average
lakeshore setback as it is at ground level without a railing. The deck and spa on the south
side of the residence may be considered an encroachment if it is 6' above grade or 30" above
grade with a railing. This second deck is not shown in the elevation drawings. The applicant
has indicated that this deck will be constructed to either be a non-encroachment or pulled
back behind the average lakeshore line.
3. The amount of hardcover could be reduced by having the driveway coming straight in from
the street. A significant amount of grading would be needed to do this, however. An
existing driveway is existing in the approximate location of the proposed driveway. This
proposed option uses existing grades.
4. The applicant has stated there will not be sufficient off street parking if the loop driveway
is not allowed. Staff feels this should not be a problem as there is a total of five garage stalls
on the property in addition to the parking areas in front of them.
5. Allowing a hardcover variance for new construction on a lot meeting all zoning requirements
may set a negative precedent.
6. The brick columns near the street are non-encroachments and are allowed by code.
7. The applicant is proposing to construct a stormwater detention pond in the natural swale on
the south side of the property. The applicant has stated this is being done to offset the
hardcover variance. The Planning Commission and City Council have historically not looked
favorably upon using stormwater ponding in lieu of meeting hardcover requirements on
residential properties.
#2348 Mary Jane Hauser
1540 Bohns Point Road
Variance
March 16, 1998
Page 5
8. A conditional use permit is not required for the pond as it would not be constructed
within 5' of a lot line, would not be located in the O' to 75' lakeshore setback and would not
alter more than 500 cubic yards of earth according to the applicant. Since these standards
are met, this project can be undertaken with a staff issued permit. The ponds shown on the
drawings were conceptual and do not accurately reflect the applicant's latest proposal. The
neighbors to the south have expressed concerns about the possibility of breeding mosquitoes
in the standing water. The applicant has stated the pond would normally be dry.
STAFF RECOMMENDATION
Staff recommends denial of a variance of 4.8% hardcover in the 75' to 250' setback to allow 29.8%
hardcover where 25% is allowed. A residence and driveways can be configured in a manner to meet
the 25% requirement without difficulty.
Attachments
A Application
B Plat Map
C Property Owners List
D Location Map
E Topographic Map
F Permit Record
G Survey
H Hardcover Calculations
I Elevation Drawings
J Letter in Support of Variance From Neighbors to the North
K Letter of Concern from Neighbors to the South
#2348 Mary Jane Hauser
1540 Bohns Point Road
Variance
March I 6, I 998
Page 6
CITY _OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
SiteAddress 1540 Bohns Point Road
Application # d,_ 3 -'jf' _
Date Received ·2_ ~ P/..,, P-
Amount Paid •=-f Z > D
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Property Identification Number (P .I.D. ).-----'0=-=9'---=l-=-1-=-7 --'2::..:3::_---=3=3_-.:::...0 0:::...:0::....:7 __________ _
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Attach legal description to application if not included on required survey. (see enclosed survey)
Date Pro e Acquired October 1, 1997 (month/year)
I (~ ( do not) also own the adjacent parcels of land.
Present use o property: __ residential _x_other (specify) Vacant Land -Residential
ZoningDistrict: __ =L::.__:Rc...:..._-_,8=-----------------------
APPLICANT Phone (home) (612) 472-7177
Name Mary Jane Hauser --~~~~--~---------Address: 3425 Warner Lane --------------
Phone (work) (612) 338-1000
City: Minnetrista Zip: 55364 .
OWNER (if different than applicant) Phone (home)
Name N/A Phone (work)
Address: --------------City: Zip:
DESCRIPTION OF REQUEST Estimated Construction Cost $ 1,000,000 +/·-
Describe request in detail: Hardcover variance frm'l 25% to 29. 8% in the 7 5' to 250' zone
to accommodate the substantial natural ·steep sl.opes and _draiI!~including
drainage · from (attach additional sheets if necessary)
adjacent Lots & Bohns Pt. Rd.) as described herein.
VARIANCES REQUIRED
' Lot Area Lot Width ,x Hardcover
Setback: Front Side Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: Substantial natural steep slopes across the
property, lot configuration, and existing drainage (including drainage from adjacent
lots & Bohns Pt. Rd.) _ The house is positioned in the natural level area of the lot
(attach additional sheets if necessary)
(same location of previous house) to disturb as little natural grade as possible.
7
REQUIRED SUBMITT ALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1. x Completed Application Form
2. X Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-3271).
3. x Certificate of Survey (signed by a licensed surveyor) and include hardcover
4. X
5. X
6. ~A
7. N/A
8. N/A
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Date S./\7 \q~
I I
Applicant's Signature II\ C~~l,£21'
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OWNER'S SIGNATURE , , ,_j
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
', \ '\ "2.,/ \ ,J
Owner's Signature 1'~~ ri Date I l 1 {1<-{,
Applicant must have al\ su~jals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
8
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RUN DATE 02/09/98
BATCH 504
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
38 08-117-23 44 0014
01535 BOHNS POINT RD
RICHARD A BORN
RICHARD A BORN
1535 BOHNS POINT RD
ORONO MN 55391
38 09-117-23 33 0006
01520 BOHNS POINT RD
DOUGLAS E KIRCHNER ETAL
DOUGLAS E KIRCHNER
1520 BOHNS POINT RD
WAYZATA MN 55391
TAXPAYER TOTAL BATCH 504 00006
NAME/ADDR
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 30
38 08-117-23 44 0015
01595 BOHNS POINT RD
C J & S L l"IINSLOW
CLARK J & SHARON J NINSLOI~
1595 BOHNS POINT RD
WAYZATA MN 55391
38 09-.117-23 33 0007
01540 BOHNS POINT RD
MARY JANE HAUSER
MARY JANE HAUSER
1540 BOHNS POINT RD
NAYZATA MN 55391
38 09-117-23 33 0005
01500 BOHNS POINT RD
BARBARA B JOHNSON TRUSTEE
EUGENE & BARBARA JOHNSON
1500 BOHNS POINT RD
NAYZATA MN 55391
38 09-117-23 33 0008
01580 BOHNS POINT RD
RICHARD M KOVACEVICH ET Al
RICHARD M KOVACEVICH
NORNEST CENTER
6TH & MARQUETTE
MPLS MN 55479-1062
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. 0~ ¼ ..
DATE 2/f o/9~ BY LIIA-c/ )~CV\
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PERMIT RECORD
Permit No. Date Type of Permit
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(_ LM: PARALLEL ~H SOUTH Lt£ OF
GOV' T LOT 1, SECTION 9-117-23
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HARDCOVER CALCULATION WORKSHEET t~
SETBACK ZONE: (CIRCLE ONE) 0-75' (}5-250') 250-500' 500-1000'
EXISTING HARD~OVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
·x = ·S.F.
. X = . S;F .
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk: X = S.i.
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. Other X = S.F.
TOT AL HARDCOVER IN ZONE S.F. A
. TOTAL PROPERTY AREA IN ZONE S.F. B
A + B X 100 = %
ERQPQSED HARD~QVER IN ZQNE 31_q±_ A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = v/91 S.F.
C. Driveway X = .~i12. . S.F.
X = S.F.
.
D.
Sidewalk t;:~~ = La.s S.F.
= ~2 S.F.
~(!! d-~~ ~ i E. Patio/Deck 'air'f/11 x = S.F.
~ N6r X = 7= S.F. :~dci . Cd)/
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Other kt/e,tlHIHj Wq/!G X = i,Zt; S.F.
TOT AL HARDCOVER IN ZONE q5t4-S.F. A
TOTAL PROPERTY AREA IN ZONE BfJ~ S.F. B
A 1f3Z..4: + B '=I t.1.r2.0 X 100 = %
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13
HARDCOVER CALCULATION WORKSHEET ·H·
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~l 500-1000'
EXISTu'iG HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
. x = . S;f .
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. Other X = S.F.
TOT AL HARDCOVER IN ZONE S.F. A
. TOTAL PROPERTY AREA IN ZONE S.F . B
A + B X 100 = %
rRQPQSED HARD~QVER IN ZQNE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S70 S.F.
C. Driveway X = /¼6 . S.F.
I
X = S.F.
D. Sidewalk /1.W (2_v'N:,,t1/g X = 4-G 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. -ether ~l.1 X = ;3S-O S.F.
TOT AL HARDCOVER IN ZONE tf9ot S.F. A
TOTAL PROPERTY AREA IN Z?✓NE S.F. B
A ,Z..~ + B 11500 X 100 = 2-l,Z %
13
Exterior Finishes: Brick and Shaker Roof
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Exterior Finishes: Brick and Shaker Roof
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February 27, 1998
Rick & MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
Greetings neighbors-to-be!
Kathy and I look forward to having you as neighbors on Bohns Point Rd. Your proposed
home looks lovely and will be a great addition to the Point. We have signed and mailed
the forms you sent. Hopefully the city will approve the variance you need and
construction can begin. You have our endorsement, if requested.
We have lived at 1520 for over 23 years and have enjoyed this location immensely. We
have 3 married sons who have blessed us with 9 grandchildren, from 10 months to 9 years
old. You'll see them around on weekends. Maybe they will be playmates for Matthew
and Amanda.
On the survey of your property you can see that our house is lined up with the lake shore
like yours, rather than the lot line. As a result the property line appears to cut diagonally
across our front yard. Many years before we bought our home the rock at the lake shore
was placed in front of the house which resulted in some 20 or so feet of rock being on
your land. Please let me know if you plan to remove the rock that is on your property
and install some other type of lake shore treatment. If so, we may want to work with your
landscape people and go all the way across our lot with the san1e.
Let the construction begin!
Sincerely,
bt
H 471-7581
W 546-5440
Fax 546-3858
1
■ ■II JEN.SEN ttOIDE,S . INC.
CARLSON CENTER• 601 CARLSON PARKWAY, SUITE 1225 • MINNETONKA, MN 55305 • 612 / 475-0548 • FAX 612 / 475-2459
303 ASPEN AIRPORT BUSINESS CENTER , SUITE J • ASPEN , CO 81611 • 970 / 544 -8036 • FAX 970 / 544-8038
March 9, 1998
Brad Bressler
Planning Assistant
City of Orono
2750 Kelley Parkway
Crysta l Bay , MN 55323
RE: Mary Jane Hauser Variance
Dear Brad;
On behalf of Mr. & Mrs. Richard Kovacevich , residents at 1580 Bohns Point
Road, I ,would like to present the following comments and concerns .
It -i s my understanding that the setback line established by the homes on either
side of the proposed residence is to be drawn from the points closest to the
lakeshore . I believe the closest point on the Kovacevich residence would be at
the northeast corner of their home. Should this be correct the proposed setback
line would be located further back from Lake Minnetonka .
The natural drainage way between the Hauser's property and the Kovacevich
residence now proposes the addition of two "Ponding & Detention Areas ". In that
this drainage way has always been free of standing water to the best of our
knowledge we would like to discourage the construction of artificial ponding
areas . It is our view that the possibility of additional mosquito production would
be most undesirable to all concerned.
I would like to review these issues with the City of Orono prior to the Planning
Commission Meeting on March 16 .
SiJ erely ; ..)IL
G JuYl ___
James. N. Jensen
President
cc : Mr. & Mrs . Richard Kovacevich _
1580 Sohns Point Road
K
SENT BY:RELIANCE R. E. SERVICES; 3-19-98 3:3,SPM (6121 338-8971-; 6124730510:# 1/ 5
I Reliance Development Company, L.L.P.
FACSIMILE COVER SHEET
Date:
To:
From:_~ __ K::....;;.;;;.e=lly..i....::.N.:...;o::..:;r..;;;d;.__. ___________ _
Total pages (including cover page);
IF YOU DO NOT RECEIVE TRANSMISSION PROPERLY PLEASE CALL (612)338-
1000.
The mc1terial of this facsimile transtni'3sion is subject to the attorney client ~rivilege and is protected by law. It is
intended for the individu.,I or entity named above lf the holder of this transmission is not the intended recipient, or
the employee or agent respon.;ible for delivery to the Intended recipient, you are notified that nny dh;semination,
distribution, or ouplication of thi:o communiMtion 1s prohibitsad. If you have receiwid this tran~mission in etrnr,
please notify u$ by tel€phone (collect, if desired) ,rnd return the original transrnis$ion to us via US Postal Service.
Comments: ------~~------
Rand Tower• 527 Marquette Avenue South Minneapolis, MN 55402-1301
(612) 338-1000 • Fax (612) 338-8971
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J CE.RTIFICA TE OF SURVEY fOR
COMMERCIAL PARTNERS TiTLE, LLC,
MARY JANE HAUSER AND RALPH D. BJRGESS, JR.
N GDV' T LOT 1, SECTION 9-117-23
HEN.NEPL~ COUNTY, MINNESOT,l\
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SENT BY:RELIANCE R.E. SERVICES; 3-18-88 ; 3:36PM ; (612) 338-8871-"
HAUSER RESIDENCE
HARDCOVER CALCULATIONS --SCHEME A
Zone 75'-250'
House
Garage
Driveway
Front Walk/Stoop
Mudroon1 walk/Stoop
Slab @ back of Garage
Spa Deck
Main Deck
Tops of Retaining Walls
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
8262 sf I 31,900 sf = 25.9%
Zone 250'-500'
Garag~
Driveway
Monuments
Retaining Walls/Steps
Road
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
2689 sf I 11,500 sf = 23.4%
3/17/98
3860 sf
881 sf
2390 sf
258 sf
52 sf
16 sf
280 sf
429 sf
2G ~f
8262 sf
31,900 sf
702 sf
1412 sf
45 sf
180 sf
350 sf
2689 sf
11 500 sf '
6124730510:# 3/ 5
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MARY JANE HAUSER AND RALPH D. BURGESS, JR.
IN GOV' T LOT l, SECTION S-t 17-23
HENNEP'l~J C0\.WTY, MINNESOTA
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SENT BY:RELIANCE R. E. SERVICES; 3-18-86 ; 3: 36PM ; (6121 336-6871-;
HAUSER RESIDENCE
HARDC-OVER CALCULATIONS --SC-HEME B
House
Garage
Driveway
Front W alkJMudroom Walk & Stoops
Slab @ back of Garage
Spa Deck
11ain Deck
Tops of Retaining Walls
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
7975 sf/ 31,900 sf= 25.0%
Zone 250 1-500 1
Garage
Driveway
Monuments
Retaining Walls/Steps
Road
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
3101 sf/ 11,500 sf= 27.0%
3/17/98
3860 sf
881 sf
1885 sf
528 sf
16 sf
280 sf
429 sf
96 sf
7975 sf
31,900 sf
702 sf
1824 sf
45 sf
180 sf
350 sf
3101 sf
11,500 sf
6124730510;# 5/ 5
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON MARCH 16, 1998
(#8) #2346 Mark and Pamela Palm -Continued)
Acknowledgment letters were signed by adjacent neighbors. Van Zomeren said the
request is reasonable but is concerned with the 3 .4' side yard setback. She cautioned the
property owner to get a maintenance easement from the neighbor for placement of a
ladder to access the upper portion of house if application is approved.
Mrs. Palm said her neighbor in the neighboring house was unable to attend but supported
the proposal. Van Zomeren acknowledged that the homes were staggered and
encroachment was not as severe due to this.
Smith asked if the neighbor on the hill would be impacted . Palm said there were mature
trees and the view would be upward. Smith noted she would like to see the existing
excess in structural coverage eliminated.
Mabusth moved, Berg seconded, to approve Application #2346. Vote: Ayes 4 , Nays 0 .
(#9) #2347 TIM SWEEZO, 4480 WATERTOWN ROAD -CONDIDONAL USE
PERMITN ARIAN CE
Smith moved, Stoddard seconded, to table Application #2347 at the request of the
applicant. Vote: Ayes 4, Nays 0 .
(#10) #2348 MARY JANE HAUSE~ 1540 BORNS POINT ROAD -VARIANCES--
10:07-11:13 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
The Applicant, Mr. Hauser, was present along with Attorney, Bruce Malkerson.
Bressler said staff received a letter from the applicant's engineer regarding stormwater
management in response to staff's report. Bressler distnlmted pictures of the property.
The application requires a hardcover variance in the 75-250' lakeshore setback for a new
residence on a vacant lot. Bressler displayed the survey notin_g the house and loop
driveway location. Hardcover was previously proposed at 32% in the 75-250' setback and
is currently proposed at 29.4%. A 2-car garage in being proposed in the 250-500'
setback, ahead of the principal structure, which is allowed on the lakeshore lot.
Stormwater detention ponds are being proposed, which the applicant believes is adequate
to mitigate the additional hardcover. Bressler indicated that the applicant would like to
continue with the .proposed ponds even if the hardcover variance is denied . Bressler said
staff believes the pond will reduce runoff through a natural swale and supports the
ponding proposal. A grade level deck is proposed that will not encroach the average
lakeshore setback; such a deck is considered a non-encroachment. A proposed spa is
planned behind the average lakeshore setback.
20
1vIINUTES OF THE ORONO PLANNING CONilv.ITSSION
:MEETING HELD ON MARCH 16, 1998
(#10) #2348 Mary Jane Hauser -Continued)
Bressler reviewed the issues #1-8 as noted in the memorandum. Bressler noted that the
proposed driveway takes advantage of the existing grades. The alternative suggestion
would result in extensive grading. Bressler said Staff recommended denial of the variance
as the driveway and deck could be reconfigured to meet the requirements.
Attorney Bruce Malkerson, representing the Hauser's, provided additional information to
the Commission. He felt the hardcover ordinance data does not support the requirement.
He said the revised plan is typical of homes found in this area of the lake and Orono.
Malkerson referenced the existing asphalt driveway and the sharp rise to the treed area. If
the driveway was placed elsewhere to reduce the amount of hardcover, Malkerson said it
would result in cutting through the treed area and causing headlights from vehicles shining
into the neighboring homes. While acknowledging that the plan is new construction,
Malkerson said the existing lot with landscaping and grades reflect where the best location
is for the home and driveway.
Bressler informed the Commission that Staff is not advocating for the new driveway but
believe the existing driveway could be altered to reduce hardcover.
Berg informed Malkerson that the proposal is for new construction. Malkerson responded
that the proposed house size is normal for this area. Smith asked Malkerson if it is the
applicant's preference to maintain the plan for the residence as proposed and place the
drivewav in the treed area to reduce the amount of hardcover bv 4%. Malkerson said that
is the applicant's intent given the size of their family.
Malkerson reviewed the hardcover allowance according to State law and felt it was not
binding upon the City. Malkerson referenced the lot configuration in speaking about the
applicant's hardship in substantiating the plan noting the lot was twice as wide as long.
Malkerson also noted that the surface runoff goes into the lake untreated, and while it was
the City's responsibility to treat the runoff, his client was willing to treat the runoff on his
property via the pond. Malkerson said the intent of the hardcover regulations was to
enable the cities to liberally grant variances, and cities have changed that intent. He felt
the intent of proving hardship was not that there was no other use for the property but to
give cities flexibility in granting variances. Malkerson felt the limited excess of hardcover
over the standard is reasonable and meets the requirements of allowing the variance.
Mr. Hauser said the plan has been revised many times with keeping in mind the 14' drop in
grade. He felt any other location for the driveway would be unsatisfactory. Hauser felt
the house has been scaled back as much as possible. Hauser said his neighbors support his
plan.
21
:MINUTES OF THE ORONO PLANNING COMMJSSION
MEETING HELD ON MARCH 16, 1998
(#10) #2348 Mary Jane Hauser -Continued)
Hauser said his intent is to utilize the lot in the best manner. Hauser said the neighboring
homes exceed the allowable hardcover. Hauser felt he was not asking for anything special
. noting he could meet the hardcover allowance by placing the driveway in the treed area
but reiterated the problems it would cause in that location.
Hauser said the design has gone through much review. His time line is problematic, and
he would like the Commission to make their recommendation at the meeting in order for
him to move forward with his financing.
Mabusth indicated that hardcover was the only issue and noted that the house was ideally
located on the lot.
Hauser asked the Commission to consider the additional burdens existing on the property.
Berg suggested that an option was to eliminate the circular driveway.
Mabusth asked if consideration has been given to removing a portion of the loop. Bressler
said eliminating the loop driveway would reduce the hardcover within 1 % of meeting the
25% allowed but had been informed by the applicant that this was not an option he would
consider. Bressler said staff then looked at the footprint for possible reductions in
hardcover. The plan for a straight driveway through the treed area would result in
hardcover of27%. A drivewav alternate was noted on oa£Zes 10 and 11 of booklet
presented by Malkerson, which eliminates the loop of the driveway reducing the driveway
by 1000 s.f at a 12' width. Hauser indicated this would place the driveway into the higher
elevations. It would result in difficulty in backing out and require retaining walls and 2000
cubic yards of fill.
Smith inquired about the proposed separate structure on the property. The structure is a
proposed 2-car garage in addition to the 3-car attached garage. The original olan was for
a 4-car attached garage but was eliminated due to hardcover.
In noting the applicant's strong feelings regarding each element of the application and not
wanting to redesign the plan any further, Stoddard asked what could be done to reduce
the hardcover. Hauser said he has tried to do so and considers the straight driveway as a
last resort. He feels the property conditions with the grades and fill constitute hardship to
allow the hardcover variance for use of the existing driveway.
Bressler proposed a change to the garage structure location and size to meet the
hardcover. The separate structure would be increased in size and the attached garage
reduced in size. It was noted that this increase would result in the structure becoming an
oversized accessory structure.
22
MINUTES OF THE ORONO PLANNING CO:MNIISSION
:MEETING HELD ON MARCH 16, 1998
(#10) #2348 Mary Jane Hauser -Continued)
Hauser said he understood that his plan calls for a hardcover variance. Hauser said the
depression pond would give back to the property and treat runoff. He felt this could be a
viable option to allow the variance to be granted. Mabusth asked if Hauser has discussed
the pond with the neighbors. Hauser said the nei_ghbors were concerned with standing
water. The proposed pond will stop the runoff and immediately percolate resulting in no
standing; water. Bressler noted that Staff suooorted the oonding as olaned but reauired the
25% hardcover be met as well.
Hauser asked if the Commission would recommend hardcover at 27%. Hauser felt any
further reduction in hardcover would affect the neighborhood.
Bressler noted that the hardcover on the property to the north, which has an older
residence. is at 26.4% in the 75-250' lakeshore setback. The house to the south was given
a credit for the swimming pool towards hardcover as pools were not considered hardcover
at the time it was built. Hardcover at that property is 27.1 % in the 75-250' lakeshore
setback.
Smith, while noting the excellent plan, felt it was incredulous that 4.8% of hardcover
could not be eliminated. She felt the orooosal was new construction and there were no
hardships to allow the hardcover variance.
Mabusth agreed that the site plan was excellent but the hardcover was excessive.
Hauser asked if the Commission would recommend any leniency to allow him to work
with staff. Berg said Planning Commission's directive is to meet the 25% allowable in
hardcover.
Hauser asked for an explanation of hardship which Berg supplied. Hauser said he has not
mentioned the economics of the proposal but felt he needed to indicate that the house size
was necessary to justify the expense of the lot. Smith agreed that the house was in
keeping with the neighborhood but recommended the 25% hardcover in the 75-250'
setback. Hauser asked if the Commission would recommend a smaller variance. Berg
noted that the Commission is given guidelines in which to follow from the Council.
Stoddard suggested the possibility of25% hardcover in the 75-250' setback and 30%
hardcover in the 250-500' setback with the applicant working with staff to meet these
guidelines prior to the Council review. Bressler said there would be no variance required
with this sug:12:estion.
23
:MINUTES OF THE ORONO PLANNING COMMISSION
:MEETING HELD ON MARCH 16, 1998
(#10) #2348 Mary Jane Hauser -Continued)
Smith and Berg both felt the code should be applied to the application and the 25%
hardcover be met. Malkerson reiterated that the driveway would need to cut through the
treed area to meet this requirement. Malkerson did not believe the lot should be
considered a "clean" lot, such as is found in a cornfield. Berg said the requirement applies
to all lots. Malkerson suggested the grading and filling be considered as well. Berg noted
that the issue is whether the lot can be built uoon within the oarameters given. Malkerson
disagreed that the test of the lot was as indicated by Berg.
Stoddard noted he did not believe there was a hardship based on the lot. Stoddard said he
may consider a plan with a small variance but the Commission historically does not send to
Council applications that are not substantiated with a proposed plan. Stoddard said he
could not support the plan as submitted.
Hauser asked to table the application for further review. Smith explained the procedure
that is following.
Bressler asked for direction for the applicant regarding the amount of hardcover. Hauser
asked if the Commission would approve hardcover at 25.9%. Bressler noted that tabling
the application would require an extension from the 60-day review period.
Gaffron was asked for his opinion. Gaffron indicated that he would not be able to
stioulate a oercentage. He indicated in most cases the hardcover allowed sets the limit.
Circumstances may present some alteration but is difficult with no hardship shown for a
bare lot. Gaffron said Council may look at the existing amenities.
Bressler noted that 320 s.f. would equal 1 % of hardcover.
Berg asked if the applicant would consider eliminating the loop while still maintaining the
entrance and driveway. Hauser said he would consider that noting the hardcover would
still be exceeded by about 500 s.f. Discussion was held regarding placement of the garage
but Hauser said the locations were such to take advantage of the existing grades. Hauser
said the driveway could come straight in as an option as previously noted. Berg informed
Hauser that the Commission's intent is to create a good situation for both the city and
applicant.
Smith ·questioned whether there was adequate support of the 25. 9% hardcover requested.
This would result in elimination of the loop without moving the driveway.
24
MINUTES OF THE ORONO PLANNING COMMJSSION
MEETING HELD ON MARCH 16, 1998
(#10) #2348 Mary Jane Hauser-Continued)
Stoddard moved, Berg seconded, to approve the hardcover variance in 75-250' setback to
allow 25.9% hardcover based on the applicant's proposed redesign of the driveway to
utilize the layout of the lot. This recommendation would be subject to the applicant
redesigning the plan prior to Council meeting. The recommendation is based on the
applicant's stated hardship of having to cut into the treed area, reconfigure the utility poles
if the drivewav is realigned. and changes to grading. The drivewav is to remain in the
same location and hardcover removed where it can to meet the 25. 9% hardcover. Vote:
Ayes 4, Nays 0.
(#11) #2351 LAURA ZAUNER, 3262 NORTH SHORE DRIVE -AFTER-THE-
FACT VARIANCES -11:14-11:21 P.M.
The Certificate of Mailing and Affidavit of Publication were noted.
Fred Hendrickson represented the applicant.
Bressler distributed photos of the property. The application is a request for an after-the-
fact variance for 0-75' hardcover in the lakeshore setback, average lakeshore, and
lakeshore setback for a deck replacement with railing. The replacement results in a
reduction in hardcover. Bressler reviewed the issues as noted in the memo as well as the
staff recommendation for approval.
Hendrickson said there had been a misunderstanding between the applicant and what was
previously approved in 1992. Rotted decking was removed and replaced. The end result
was a smaller deck. Additional hardcover was removed elsewhere on the property.
There were no public comments.
Hendrickson indicated the house is for sale.
Berg moved, Smith seconded, to approve Application #2351. Vote: Ayes 4, Nays 0.
25
MAL KERSON GILL IL AND MART IN LLP
Planning Commission
City of Orono
P.O. Box 66
SUITE 1500 AT&T TOWER
901 MARQUETTE AVENUE
MINNEAPOLIS, MINNESOTA 55402-3205
TELEPHONE 612-344-1111
FACSIMILE 612-344-1414
Bruce D. Malkerson, Esq.
Direct Dial (612) 344-1699
March 16, 1998
Crystal Bay, MN 55323-0066
Re: Application by Mr. and Mrs. Hauser for a Variance from the Hardcover Standards
Dear Members of the Planning Commission:
Introduction.
I represent Mr. and Mrs. Hauser, who have applied to the City of Orono for a variance
relating to the hardcover restrictions to enable them to build their proposed home on Bohn's Point
Road. I am mindful of the City of Orono's desire to protect the environment within the City,
including but not limited to Lake Minnetonka. In fact, I was the City Attorney for the City of
Orono from 1973 to 1984, after which another member of my then-law firm took over as the lead
attorney. Since 1984, from time to time I would assist the City Attorney in understanding some of
the factual history relating to some of the zoning and other matters that took place while I was the
lead City Attorney. I left the Popham Haik law firm in 1984 to act as in-house counsel for a client.
I then returned in 1988 to the Popham Haik firm, where I stayed until two years ago when I started
my own firm. I note this history to you so that you understand that I have personal knowledge
concerning many of the ordinances of the City and the legislative history relating to them.
In regard to the hardcover ordinance, as I recall, I drafted it in 1975 after input from the
Planning Commission and Council relating to the objectives which were sought to be achieved. At
that time, quite frankly, it was a very radical ordinance in that I cannot think of any other
municipality that had in effect then hardcover restrictions, other than what was then a 50-foot
setback of principal structures from the lake, which later became a 75-foot setback in the City of
Orono and elsewhere.
At that time, we developed these hardcover standards without having, as I recall, any
empirical data to support the percentages that were set forth in the proposed ordinance. This was
in part because of the lack of data available. However, it was thought that the percentages that
were adopted would generally allow for the development of high-quality homes around the lake,
J5264BDM
Planning Commission
March 16, 1998
Page 2
which could comply with those general standards, absent long lots, unique topography, unique
situations relating to treed areas, etc., that in any event should be preserved from alteration if at all
possible. The intent of the Council then, at least, was to grant variances liberally, as long as the
variances did not result in too much alteration of the standards, absent extreme situations, because
at least we had established a general standard that could be modified liberally as necessary to allow
for development.
In fact, the shoreland regulations in effect today, that are promulgated by the State of
Minnesota and must be incorporated as minimums into shoreland ordinances, only require a
hardcover restriction of 25 percent applied over the entire lot and not a 25 percent restriction
between the 75 and 250 foot setback as is set forth in the City's ordinance.
My clients propose a home on Lake Minnetonka which is not extraordinary in size, number
of bedrooms or garage stalls, etc.
As can be seen from the plans submitted by my client, the home is a four-bedroom home
with a three-car garage, and one of the bedrooms is in the basement. That is not an extraordinarily
large house for a Lake Minnetonka home, or, quite frankly, for any new home in the City of
Orono. However, because of the distance of the home location from Bohn's Point Road, the
driveway leading to the home that is within the 75 to 250 foot setback is longer than one might
normally find on some lots that are of a normal configuration so that the home site is closer to the
public road. In this case, the lot length has resulted in a need for a longer driveway that has
contributed to the hardcover slightly in excess of that which is allowed under the ordinance without
a variance.
As my clients will demonstrate, they could move the house further back so that there need
not be a driveway of such length within the 75 to 250 foot setback area, but then that house would
look out of place when it is viewed from the lake or from Bohn's Point Road. Moreover, the view
to the lake from that house at that location would be blocked substantially by houses on each side
that have been built at the 75-foot setback line.
As my clients will discuss, they have with their architect and builder considered various
configurations of the house to try to be in a position, given that long access driveway, so as not to
require any variance, or if any variance is required just a very modest one of one to two percent.
Moreover, they looked at moving the house further back, even though there would be visual impact
to the lake, but there would be a need then for extensive moving of dirt or filling of lower areas on
the lot. Therefore, they propose to build the home outside of the 75-foot setback area and on the
building pad of the home that was there previously.
In any event, at the present time, the hardcover as allowed by the City ordinance, would be
7,795 square feet, or 25 percent of the area between the 75 and 250 feet, and 3,450 square feet, or
30 percent of the area between 250 and 500 feet. The total area for the lot is 57,063 square feet.
15264BDM
Planning Commission
March 16, 1998
Page 3
The total hardcover allowed without a variance for the entire lot would be 11,245, or 20 percent of
the entire lot in this situation. My client proposes a total hardcover on the lot of 11,963 square
feet. 11,963 square feet..,.. 57,063 square foot lot= 20.9 percent. That hardcover of 20.9 percent
for the entire lot is in conformance with Minnesota Rules Section 6120.3300, subpart 11, which
states in relevant part the following specific standards:
"1. Impervious surface coverage of lots must not exceed 25 percent of
the lot area."
In fact, under State law, my client could have 14,266 square feet of hardcover (57,063 square feet
x 25 percent= 14,266 square feet). It is clear from a review of the Minnesota Rules that the
Department of Natural Resources, the MPCA and others that were involved in the development of
them did not believe it was necessary to restrict hardcover less than 25 percent for the entire lot. I
realize that is not necessarily controlling on the decision-making of the City of Orono, but it does
indicate that there is nothing wrong from the State's perspective of allowing variances to your
standards in such a way that do not exceed overall 25 percent impervious surface for the entire lot.
The Application of the Undue Hardship Standard in the Variance Standard
Sometimes people feel that the variance standard is such that it should be strictly applied in
all situations. Even if one were to apply that feeling here, I believe that this variance request is
justified under the variance standard for the following reasons:
1. The hardcover that my clients are proposing is not excessive, given the location of
the home and the neighborhood.
2. Part of the reason why the general standard is exceeded is because of the
configuration of the lot and the need for a more lengthy driveway to reach the home site.
3. To move the home site back to the road does not make sense, because then the view
to the lake would be adversely affected by the adjacent homes, and the house would look out of
place both from the lake and from the roadside.
4. My clients, by adding some holding ponds to their property, are making sure that
the surface water runoff in any event is treated better than it would be with the normal
development of the home, which would not provide for holding ponds on the site.
5. Much of the surface water runoff on this property now and in the future is from the
public road, which water is passing through the property, untreated presently, and that water and
the lake would be benefitted from my clients' proposed treatment ponds that otherwise would not
be built, unless the City wished to acquire an easement over the property and build those ponds.
15264BDM
Planning Commission
March 16, 1998
Page 4
6. Granting of a variance would not set an adverse precedent, since this fact situation,
as noted above, is readily distinguishable from other situations.
7. The legislative history is, as I recall, that variances within reason should be granted
liberally because of how stringent the 25-percent limitation between 75 and 250 feet of the
lakeshore was.
8. The State standard is 25 percent applied to the entire lot, which would allow
hardcover of substantially in excess of what my clients are proposing.
In Rowell v Board of Adjustment, 446 N.W. 2d 917 (Minnesota Court of Appeals 1989)
the Court interpreted the State mandated variance test which applies to cities in a very flexible
manner. The Court clearly allows and promotes such flexibility. For example, the Court stated:
"The first requirement is that the property cannot be put to a reasonable use without
the variance. This provision does not mean that a property owner must show that
the land cannot be put to any reasonable use without the variance. In such a case
the constitution would compel a variance regardless of the statute. See Ho]asek v
Vj]]age of Medina, 303 Minn. 240, 244, 226 N.W. 2d 900, 903 (1975). The statute
is clearly intended to allow cities the flexibility to grant variances in cases where
the constitution does not compel it. Thus, we read the first part of the definition of
"undue hardship" as requiring a showing that the property owner would like to use
the property in a reasonable manner that is prohibited by the ordinance."
We ask that the City be similarly flexible in applying the standards. Thank you very much
for your consideration of this application.
Very truly yours,
Bruce D. Malkerson
15264BDM
SENT BY: RELi ANCE R. E. SERVICES; 3-16-98 2: 56PM (612) 338-8971--o 6124730510:# 1/ 4
I Reliance Development Company, L.L.P.
FACSIMILE COVER SHEET
Date:
To:
Total pages (including cover page);~
IF YOU DO NOT RECEIVE TRANSMISSION PROPERLY PLEASE CALL (612)338-
1000.
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Comments: u!l du.:v= (!;5;1dfz,_,__,nC~f-~~-~--
Rand Tower• 527 Marquette Avenue South Minneapolis, MN 55402-1301
{612) 338-1000 • Fax (612) 338-8971
SENT BY:RELIANCE R.E. SERVICES; 3-16-98 2:56PM (612) 338-8971--+
,-----~·-----···---------·-·-·-----
MEMORANDUM
DATE:
TO:
FROM:
March 16, 1998
Rick Hauser
SUBJECT; Hauser Residence
Background
Drainage Calculations for City Variance Request
Orono, Minnesota
MFRA#ll958
6124730510:# 2/ 4
At your request, MFRA has prepared drainage calculations in support of your Ciry Variance
Request for the proposed home on Bohn 1 s Poifit Road jn Orono, :tvlinnesota. We understand from
discussions 'With you that the propose-cl hara covtr area. in the 75 250 feet zone from Lake
Minnetonka is gteater than the 25~/o allowed by City code and a variance is required for
construction of the home.
Acoording to the Survey prepared by Coffin & Gronbtrg and the Preliminary Site Plan prepared
by Kee-nan & Sveiveo, the lot area within the 75~250 feet zon~ is 31,900 s.f. and th~ p1oposed
hard cover in the same z:one is 9t524 s.f. or 29.8%. By code the allowable hard cover in the zone
is 7,9T:i s.f., or 25%. Therefore, the hard cover exceeds the code by 1,549 s.f. Jn order to support
the request for the variance, you requested illRA tti prt.>.pa.re dra.inag:e. <'..aJnnlations and
depression schematics to control the excess runoff created by the additional hard c:bver.
SENT BY: RELi ANCE R. E. SERVICES; 3-16-98 2 : 56PM (612) 338-8971--1 6124730510:# 3/ 4
March 16, 1998
Page2
Existing C<indifonu;
For the cbaina.ge analysis, MFRA visited the site1 took photographs and reviewed information
frotn your surveyor and landscape archjtect. The existing site generally drains south towards the
southerly lot line and east to Lake Minnetonka.. There is a low area approximately 75 feet upland
of the lake near the southerly property line that may hold water on the adjacent lot during rainfall
events_ The low area receives runoff from the Hauser lot and the lot to the south. Runoff from
portions of Bobn's Point Road aJso reaches the low area as evidenced by minor erosion along the
east side of the roadway leading into the Hauser lot.
Calculations and Schematics
The drainage calcuJations and proposed depression schematics prepared 'With this analysis wtte
bat\ed on prvviding a small iow a.re-a to re'tain the e1tcess runoff from hard cover exeeeding the
allowable amount. The proposed depres:s.ion i$ shown on the attached figure. The ciepression will
retain runoff from most stonn events and will tie drained b:y infiltration into the ground. The
Hennepin County Soils Surv~y shows the surface soils being Haydr::n lo.:llll which have moderate
infiltration cates. ln larger storm events~ or if the depress:ion is at capacity, it would overflow east
towards the lake-Since thc:re an: no standard requirement$ for si.tlng a depression in the case of a
variance request, !\·1FRA reviewed runoff volumes from various stonn events for the excess hard
cover and prepared a schematic that fits the existing lot and proposed building configuration. Th.e
calculations assumed that the, depression would be dry prior to rainfall events and be available to
receive and store runoff. Retention volumee. for the excess hard cover for various storm events
are shown on the following table:
Storm Event
l O year-24 hc.m.r
50 year-24 hour
100 year-24 hour
Precipitation (in)
4,2
5.3
6.0
Excess Runo:ffVolume (c.f.)*
542
684
775
--.Excess runoff volume equals 1,549 s.f. roultipli~d by precipitation in feet
The attached figure shows the proposed depression havmg a volume of 717 c.f. (26.6 c.y.)
b~tween eleva.tiOI1.$ 931 and 933. 1bat volume would retain runoff for stomt events in excess of
the 50 yew;-event. The depi-essi.uu would be created by excavating ii basin to a. deplJ:1. of
approxfrx:i.a~ly 3 f'eet and the construction of a small berm to retain runoff, &!other location for
the depression 1 and perhaps simpler and less intrusive for tbe property, would be near the south
east comer of the lot in an area more dist.ant from the proposed house .and lower in elev_ation.
However that location was not further pursued since we understand that water storage areas ar~
not allowed within 75 feet of the lake by city code.
SENT BY: RELi ANCE R. E. SERVICES; 3-16-98 2: 57PM (612) 338-8971-; 6124730510:# 4/ 4
March l 6, 1998
Page 3
Additionai Considex-atioas
In addition. to the dep;r;css,ion volwu~ and schematic discussed alxrve, the following
recommendations should be considcr~d in constructing th~ depression and the final landscapin.g
of the affected areas:
► To accommodate city drainage off'Bahn's Point 'R..ond, tho landscaping should incolp()rate
pfa.nt rna1:e-rials and groundcover resistant to :runoff velocitiM and volumes. Anothei: option
would be placement of a rock s~le from the road to the low point n~ the lake or to the
lake,
► The existing drainage patterns direct r1.ID.o:ff into the low area on the property to the south.
Final site grading, depression construction~ and other drdlnage efforts sboutd be coordinated
with the adjacent p:roperty owner to continue the current drainage pattern to ihe existing low
area or to com:;c;t it if it is viewed as a problem. Another option would be to redirect Bohti.'s
Point Road drainage onto your lot (by a swale or berm) and east into the lake bypassing the
low area on the adjai;e-nt lot.
► Proposed grading around th.e front of your home should direct runoff into the proposed
depression in ordtt for the plan to accomplish its objective. fo addition~ the depression should
only receive drainage from your lot and not from Bohn's Point Road since the mad drainage
would regularly fill and ovcrtop the depression.
► Although the <lt::preS!lion should not typically have standing water, the area will regularly
ri;x:eive runoff and may not re.main dty enough for healthy grass cover to be established.
Landscaping within the pond should be water ~olerant, or even a rock garden with a pea
gravel base tQ encouxage infiltration.
► 1be final depression design $hOUld be coordinated with landscaping efforts to m,itisfy
drainage volumes, runoff patterns;r aud aesthetic desires.
► The slopes off the southern !Iida of the pxopos.ed house may become steeper 'than des:irnble
with the proposed depression and drainage swale. It may be necessary to install a buried pipe
in this area or construct a small retaining wall to convey drainage past the home.
If you have any questions abo·o.t this memorandum or need additio;o.al assistance, please call me
at476-6010.
TO:
Memorandum
Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Richard & Mary Jane Hauser
DATE: March 16, 1998
RE: #2348 Mary Jane Hauser
1540 Bohn's Point Road
Response to Staff Report
Note: Responses follow staff numbering
1. Although a house may be able to be constructed within the narrow definition of
hardcover requirements, it would place a burden on us as the homeowner, reduced
enjpyment and use of the property and cause a development inconsistent with the
neighborhood for the following reasons:
a. To build a house meeting the needs of a growing family and in character with
the neighborhood, the house would need to be pulled towards the road off the
natural building pad creating undesirable site lines for the neighbors and
homeowner.
b. Considerable earthwork and earth export would be required to be removed due
to the existing natural grades.
c. The driveway location would need to be changed from its current natural
location to the north creating additional soil export and the traffic and aesthetic
problem of the drive lining up with the neighbors drive across the street.
2. The lot meets area requirements (which is why there are no additional variances
requested). However, the natural slopes, lot depth, average lakeshore setbacks,
location of adjacent existing homes, natural existing location on the lot for a house
and existing driveway location all come together to create an existing unique
property. Additionally, we are improving existing drainage.
0
3. We believe the variance request will not alter the charter of the locality and in fact,
will enhance it. Our proposed home meets all other city criteria, is well planned and
fits well within the neighborhood. It is not overburdening and is consistent with
neighborhood character. In fact the homes on both sides exceed the hardcover
requirements (see staff report Item #6). How will our home plan alter the character
of the locality when it fits with others around it?
4. N/A
5. We believe particular features do exist, as described above. Individually a
hardship, combined a true overriding hardship.
6. The adjacent properties have been granted variances for the same hardcover area
(75'-250' zone). We believe we should not be penalized for new construction.
7. We believe adjustments to the house and drive that would have to be made would
render the house less desirable for the neighborhood, functionality and future use
and enjoyment of the house and lot. You can not just eliminate a deck and
driveway loop or any other part of a home that is consistent with a home and
neighborhood of this type. These are not minor adjustments. Eliminating a dog
run is a minor adjustment. For these reasons we believe the enjoyment and use of
the property necessitates the variance.
8. For all the issues above, the granting of the variance is not a convenience. You
must consider all the hardships collectively and the previous variances granted to
adjacent lots. It may be that other variances have been granted because the area
necessitated these variances as in the case of our lot. Changes required would be
major and would undermine the preservation and enjoyment of the lot.
9. Although we are not pushing the economic factors (the property characteristics
have necessitated the variance), it is a fact that a house of this nature and design is
necessary in keeping with the nature and economics of the lot and the
neighborhood.
CITY OF ORONO ii" 6124730510 03/13/98 15:50 !'.SJ :02/07 N0:638
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Brad Bressler, Planning Assistant
DATE: Mal'ch 13, 1998
SUBJECT: #2348 Mary Jaite Hauser
1540 Bohns Point Road
V wiances--Public Hearing
Zoning District:
Lot Area:
Appllcatlon:
LR-lB
57,200
One Family Lakeshore Residential District (1/2 Acre)
The applicant is proposing the construction of a new residence on a vacant
lot that would not meet hardcover re.qufrements. A variance for hardcover is
required in the 75' to 250' setback
Pertinent Ordinances:
• Section 10.22, Subd. 2: Lakeshore Hardcover Regulations
• Section 10.56, Subd. l6(C6): Average Lakeshore Setback Regulations
li23-4il Mary Jane Hau~·er
1 J40 Bohn., Point R1>ad
fartancl!
Man•lt 16. 19.98
Pagl! 1
/D
€
CITY OF ORONO ff 6124730510 03/13/98 15:50 BJ :03/07 N0:638
ANALYSIS
Lot Area and Yw
Lot Area Lot Width Lakeside Yard Side Yard Street Yard
LR-lB 1 acre 140' 75 1 101 35 1
subject .1.13 183 1 at OHWL 118' to main 14' proposed 37'
property acres 182 1 at 75 1 deck
setback 130' to house
The subject property meets lot area and lot. width requirements. All setbacks will also be met as
proposed. Furthermore, accessory strnctures are allowed to be located closer to the street than the
principal structure on lakeshore lots as there is a detached two stall garage proposed in this yard area.
Total Loi Size Total Structural Coverage Perc:enll1ge
57,200 s.f. 5,524 s.f. 9.6%
The prope1ty will meet structural cowrage requirements as proposed.
#)J,/.f/ Ma~v June Hau,'ft!r
1 J-40 Bohr,,., Poim /foad
Varia111,:,e
Muruh 16, Jgf)ff
Pug~2
CITY OF ORONO ij 6124730510 03/13/98 15:50 [5J :04/07 N0:638
Distance Total Area in Existing Allowed Proposed Variance
from Setback Hardcover Hardcover Hardcover Requested
shoreline
01-75' 13,800 s.f. 24 s.f. (.1%)'? none 24 s.f. (.I%) none
75'-250' 31,900 s.f. +-l,500 s.[ 7,975 s.f. 9~524 s.f. 1,549 s.f.
(old (25%) (29.8%)
driveway)
250'-500' 11,500 s.f. +-700 s.f. 3,450 s.f. 2,439 s.:f. none
(ol<l (30%) (21.2%)
driveway)
A hardcover variance is required in the 75' to 250' lukeshore setback. In the O' to 75' setback, there
is 24 s.f. of ~teps that are shown on the survey that may be existing and are allowed by code. These
steps are not included in the applicant's hardcover calculations.
S T A T E M EN T OF H A R D S H J P
Refer to the application (Attachment A) for the applicant's stalement of hardship.
Criteria for D~terminilli llw.iu~ Jlardshi,p
l. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
It is possible to constru.ct a house and driveway that meet !he hcmkowr requirement.
2. lhe plight of the landowner is due to circumstances ti.nique lo his property not created
by the 1and0Vv11er.
The lot meets areu requl'remenls and meeting the hardcover rt·quirements should not he
problematic.
3. The variances, if granted, will not alter the essential character of the locality.
The variance for the requested amount ,~{hardcover in the 75' to 250' lake.shore setback may
airer the character ofthe neighborhood
li:JJ4<'t Mary Jam: H111,:,,tr
J S./(J 8(.)/ms l'oi111 Rt,MI
Varianc,,
Mw'f.m 16. 1998
Paae 3
CITY OF ORONO ij 6124730510 03/13/98 15: 50 [5l : 05/07 NO: 638
4; The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that ii, not pennitted under this Chapter for the properly in the zone where
the affected person's land is located.
A .,•ingle famUy residence is permirreJ in 1his zonh1g dislria
5. The special conditions applying to the structure ofland in question are peculiar
to such property or immediately adjoining property.
The proposal is fi.,r a new rtsidence on a vacant Jot that meets all zoning requirements.
There are no peculiar features that necessitate such a variance.
6. The conditions do not apply generally to other land or structures in lhe district
in which said land is located.
The irmnedtately adjoining properties hove been ~ranted var;ancesfor hardcovrr in the 7 5'
to 250' setbacks in recent years under d[fferent circumstances. 111e lot to the north has less
area and also has a residence on if built prior to current zoning requirf!.ments. An after-the-
.fact variance was wanted in I 988 to allow 26. 4% hardcover jhr the construction of a deck.
The property lo the south had huilt a pool when the residence was constru,:/ed which was
not considered hardcover at the time. A variance was granted fn 1996 to allow 27.18%
hardcover to remain when an addition was made as the amount vf' approved hardcover
without the pool was calculated al 25%. These residences were hoth huilt prior to current
zoning requirements, versus this applict4tion which isfi,r new construction.
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicant can build the house essentially as proposed. By eliminating the loop driveW(.{Y
and reducing the size of the decks, only minor adjustments would need to be made iv the
footprint of the house to mef.!t hardcover requirements.
8. The granting of such variances will not merely :ierve as u convenience to the applicant.
hut is necessary to alleviate demonstrable hardship or difficulty.
Granting the variance would serve ,1S a convenience as the hardcow:r requirement could be
mel wifh minm· a<.{justmen1s to the application.
i/2348 Mary JaHtt Hauser
IS4li Rolm.t P,1/,r/ !fomt
Variance
March I(,, WJI/
Pagt4
CITY OF ORONO if 6124730510 03/13/98 15:50 i5l :06/07 N0:638
9. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the properly exists under the terms of this chapter.
Economic factors may be a consideration with this cipplication a!l· rhe uppficanl has stated
the hardcover variance is necessary to build a house in keepin~ with the value of the lot.
1. Th.e property meets lot area and width requirements. Constructing a residence that meets ull
t;tming requirements should not be pr(lblematic.
2. The main deck on the lake side of the residence is a non-encroachment on the average
1nkeshore setback as it is at ground level without a railing. The deck and spa on the s<>uth
side of the residence may be considered an encroachment ifit is 6' above grade or 30 11 above
grade with a raiiing. This second deck is not shown in the elevation druwings. The applicant
has indicated that this dec,k will be constructed to either be a non-encroachment or pulled
back behind the average lakeshore line.
3. The amount of hardcover could be reduced hy having the driveway coming straight in from
the street. A sign.ificant amount of grading would be needed to do th.is, however. An
existing driveway is existing in the approximate location of the proposed driveway. This
proposed option uses existing grades.
4. The applicant has stated there will not be sufficient off street parking if the loop driveway
is not allowed. Staff feels this should not be a problem as there is a total or five garage stalls
on the property in addition to the parking areas in front of them.
5. Allowing a hardcover variance for new construction on a lot meeting all zoning requirements
may set a negative precedent.
6. The brick columns near the street are non-encroachments and are allowed by code.
7. The applicant is proposing to construct u stormwater detention pond in the natural swale on
the south side of the property. The applicant has stated this is being done to offset the
hardcover variance, The Planning Commission and City Cmmcil have historically not looked
favorably upon using storrnwater ponding in lieu of meeting hardcover requirements on
residential properties.
1#2348 M,;ry Jane llauur
I UO .Bohns.Pulnt '.ifoad
/.'a,ianca
March I /S, 19.98
Pag115
l
CITY OF ORONO iJ 6124730510 03/13/98 15: 50 LY : 07 /07 N0:638
8. A conditio11al use permit is not required for the pond as it would not be constructed
within 51 of a lot line, would not be located in the 01 to 75' lakcshore setback and would not
alter more than 500 cubic yards of earth according to the applicant. Since tht:se standards
are met, this project can be undertaken with a staff issued permit. The ponds shown on the
drawings were conceptual and do not accurately re11ect the applicant's latest proposal. The
neighbors to the south have expressed concerns about the possibil.ity of breeding mosquitoes
in the standing water. The applicant has stated the pond would normally be dry.
STAFF RECOMMENDATION
Staff recommends denial of a variance of 4.8% hardcover in the 75' to 250' setback to allow 29.8%
hardcover where 25% is allowed. A residence and drivewuys can be configured in a manner to meet
the 25% requirement without difficulty.
Attachmenb
A Application
B PJatMap
C Property Owners Li'st
D Location Map
E Topographic Map
F Permit Record
G Survey
H Hardcover Calculations
l Elevation Drawings
J Letter in Support of Variance From Neighbors to the North
K . Letter of Concern from Neighbors to the South
I/Z.l48M(lt)'/Clmt Haunr
I .540 Dol1r.~ l'tJlhr Rood
Vf.r/anc11
Mare.h ,r,, I rJ98
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Steiner & Kopn_el_m __ a_n _______________ .....,....
A Tradition Of Excellence
473.5435
March 16, 1998
Dear Orono Planning Commission and Council:
Steiner & Koppelman has been designing a home for the Hausers to commence
construction early this Spring. I'm obviously aware of the problem you're currently
addressing as it relates to hardcover. We have been design/build contractors for fifty
two years with a volume of ten to twelve houses per year. The home we have designed
for the Hausers is consistent with what we're building today in this type of
neighborhood. When someone is forced to pay the kind of money the market demands
for an exquisite site such as this, it only follows that you have to invest as _g_ minimum an
equal amount in the structure.
In my opinion this is definitely not too much home for the lot or the neighborhood. The
design has taken the natural slopes of the lot into consideration and all means have
been utilized to reduce hardcover. The driveway is a minimum twelve foot wide with
the smallest "guest loop" that a car can turn around in, Directly across the street you
allowed one of the largest homes ever built on Lake Minnetonka since the Pillsbury
mansion. The home to the South is approximately 523 square feet larger, the home
under design to replace the Newman house is 1,092. squar~ feet larger (House only, no
garage, pool, decks, etc.), I have no plan to measure, but the Morrie Wagner home
must be double the size of the proposed Hauser home.
What we have designed is a very beautiful Traditional style home to tit into the
neighborhood and look as if it may have been there for the last sixty years. Considering
the quality of neighborhood and lakeshore lt shouldn 1t be considered excessive by
anyone used to dealing in the Lake Minnetonka area.
Respectfully yours,
STEINER & KOPPELMAN, INC.
f~~ng(_~
President
RCL/as
Residential Construction • Consultation • Design
3610 South Highway 101 • Way.:ata, MN 55.391
Mccombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, MN 55447
MEMORANDUM
DATE: March 16, 1998
TO: Rick Hauser
FROM: Daniel Parks P .E., MFRA Orf
SUBJECT: Hauser Residence
Background
Drainage Calculations for City Variance Request
Orono, Minnesota
MFRA#11958
Telephone
612/476-6010
612/476-8532 FAX
Engineers
Planners
SuNeyors
At your request, MFRA has prepared drainage calculations in support of your City Variance
Request for the proposed home on Bohn's Point Road in Orono, Minnesota. We understand from
discussions with you that the proposed hard cover area in the 75-250 feet zone from Lake
Minnetonka is greater than the 25% allowed by City code and a variance is required for
construction of the home.
According to the Survey prepared by Coffin & Gronberg and the Preliminary Site Plan prepared
by Keenan & Sveiven, the lot area within the 75-250 feet zone is 31,900 s.f. and the proposed
hard cover in the same zone is 9,524 s.f. or 29.8%. By code the allowable hard cover in the zone
is 7,975 s.f., or 25%. Therefore, the hard cover exceeds the code by 1,549 s.f. In order to support
the request for the variance, you requested MFRA to prepare drainage calculations and
depression schematics to control the excess runoff created by the additional hard cover.
An Equal Opportunity Employer
J tr
Rick Hauser
March 16, 1998
Page2
Existing Conditions
For the drainage analysis, MFRA visited the site, took photographs and reviewed information
from your surveyor and landscape architect. The existing site generally drains south towards the
southerly lot line and east to Lake Minnetonka. There is a low area approximately 75 feet upland
of the lake near the southerly property line that may hold water on the adjacent lot during rainfall
events. The low area receives runoff from the Hauser lot and the lot to the south. Runoff from
portions ofBohn's Point Road also reaches the low area as evidenced by minor erosion along the
east side of the roadway leading into the Hauser lot.
Calculations and Schematics
The drainage calculations and proposed depression schematics prepared with this analysis were
based on providing a small low area to retain the excess runoff from hard cover exceeding the
allowable amount. The proposed depression is shown on the attached figure. The depression will
retain runoff from most storm events and will be drained by infiltration into the ground. The
Hennepin County Soils Survey shows the surface soils being Hayden loam which have moderate
infiltration rates. In larger storm events, or if the depression is at capacity, it would overflow east
towards the lake. Since there are no standard requirements for sizing a depression in the case of a
variance request, MFRA reviewed runoff volumes from various storm events for the excess hard
cover and prepared a schematic that fits the existing lot and proposed building configuration. The
calculations assumed that the depression would be dry prior to rainfall events and be available to
receive and store runoff. Retention volumes for the excess hard cover for various storm events
are shown on the following table:
Storm Event
10 year-24 hour
50 year-24 hour
100 year-24 hour
Precipitation (in)
4.2
5.3
6.0
Excess Runoff Volume (c.f.)*
542
684
775
*Excess runoff volume equals 1,549 s.f. multiplied by precipitation in feet
The attached figure shows the proposed depression having a volume of717 c.f. (26.6 c.y.)
between elevations 931 and 933. That volume would retain runoff for storm events in excess of
the 50 year event. The depression would be created by excavating a basin to a depth of
approximately 3 feet and the construction of a small berm to retain runoff. Another location for
the depression, and perhaps simpler and less intrusive for the property, would be near the south
east corner of the lot in an area more distant from the proposed house and lower in elevation.
However that location was not further pursued since we understand that water storage areas are
not allowed within 75 feet of the lake by city code.
Rick Hauser
March 16, 1998
Page 3
Additional Considerations
In addition to the depression volume and schematic discussed above, the following
recommendations should be considered in constructing the depression and the final landscaping
of the affected areas:
► To accommodate city drainage off Bohn's Point Road, the landscaping should incorporate
plant materials and groundcover resistant to runoff velocities and volumes. Another option
would be placement of a rock swale from the road to the low point near the lake or to the
lake.
► The existing drainage patterns direct runoff into the low area on the property to the south.
Final site grading, depression construction, and other drainage efforts should be coordinated
with the adjacent property owner to continue the current drainage pattern to the existing low
area or to correct it if it is viewed as a problem. Another option would be to redirect Bohn' s
Point Road drainage onto your lot (by a swale or berm) and east into the lake bypassing the
low area on the adjacent lot.
► Proposed grading around the front of your home should direct runoff into the proposed
depression in order for the plan to accomplish its objective. In addition, the depression should
only receive drainage from your lot and not from Bohn' s Point Road since the road drainage
would regularly fill and overtop the depression.
► Although the depression should not typically have standing water, the area will regularly
receive runoff and may not remain dry enough for healthy grass cover to be established.
Landscaping within the pond should be water tolerant, or even a rock garden with a pea
gravel base to encourage infiltration.
► The final depression design should be coordinated with landscaping efforts to satisfy
drainage volumes, runoff patterns, and aesthetic desires.
► The slopes off the southern side of the proposed house may become steeper than desirable
with the proposed depression and drainage swale. It may be necessary to install a buried pipe
in this area or construct a small retaining wall to convey drainage past the home.
If you have any questions about this memorandum or need additional assistance, please call me
at 476-6010.
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HARDCOVER CALCULATIONS:
Zone 75'-250'
TOTAL HARDCOVER IN ZONE
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12,191 sf/ 39,375 sf= 30.1 %
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February 27, 1998
Rick & MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
Greetings neighbors-to-be!
Kathy and I look forward to having you as neighbors on Bohns Point Rd. Your proposed
home looks lovely and will be a great addition to the Point. We have signed and mailed
the forms you sent. Hopefully the city will approve the variance you need and
construction can begin. You have our endorsement, if requested.
We have lived at 1520 for over 23 years and have enjoyed this location immensely. We
have 3 married sons who have blessed us with 9 grandchildren, from 10 months to 9 years
old. You'll see them around on weekends. Maybe they will be playmates for Matthew
and Amanda.
On the survey of your property you can see that our house is lined up with the lake shore
like yours, rather than the lot line. As a result the property line appears to cut diagonally
across our front yard. Many years before we bought our home the rock at the lake shore
was placed in front of the house which resulted in some 20 or so feet of rock being on
your land. Please let me know if you plan to remove the rock that is on your property
and install some other type of lake shore treatment. If so, we may want to work with your
landscape people and go all the way across our lot with the same.
Let the construction begin!
Sincerely,
~!,(.
H 471-7581
W 546-5440
Fax 546-3858
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mary Jane Hauser
3425 Warner Lane
Minnetrista, MN 55364
TYPE OF APPLICATION: Variance
DATE OF MEETING: March 16, 1998
ZONING FILE #2348
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: March 17, 1998
-~-------------
VOTE: 4 FOR O AGAINST
Planning Commission recommends the following:
Approval subject to amendments and conditions noted below
• Hardcover must be reduced to 25.9% in the 75' to 250' lakeshore setback.
NOTES AND SPECIAL CONDITIONS:
Additional information is requested as follows
• A revised survey and hardcover calculations reflecting the approved 25.9 percent hardcover
amount must be submitted to staff no later than 12:00 p.m. on March 19, 1998.
Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline
for the March 23, 1998 City Council meeting is March 19, 1998. The City Council March 23, 1998,
meeting starts at 7 p.m.
If the applicant has trouble obtaining additional information, please contact the Zoning Department
(473-7357).
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.
March 2 , 1998
Mr. Brad Bressler
City of Orono
2750 Kelley Parkway
P .O . Box 66
Orono , MN 55323
RE: Application for Hardcover Variance
1540 Bohns Point Road
Dear Mr. Bressler:
Enclosed please find a copy of correspondence received from an adja c ent ho meowner
regarding the above referenced .
I hope this will help to show adjoining neighbor response to our proposed proje ct.
Sincerely ,
~~,, -------------
/h'ard J. Haus e r
CITY OF ORONO
27~0 Kelley Parkway, P.O. Bo x 66
-Crystal Bay, MN 55323 _ -
Phone (612) 473-7357 _
Fax 473-0510
NOTICE .
The Plann i ng Commission w ill hold -
public hearings in the Orono Council
Chambers at 2780 Kelley Parkway on
Monday, March 16 , 1998 , beginning at 6:30
·p.m,, on the matter of review ing the follow ing
land use app li cations: -·
1. #2343, Timothy and Bonnie Johnson,
627 Ferndale Road North; Variances for
side setback and front setback ' for
constructi on of a·detach~d g·arage .
· 2. #2344 ;-Douglas and Marilyn
Holcombe , 1056 Loma Linda Avenue .
Var iances for lakeshore setback , average
lakeshore setback and hardcover for
constn,iction of an enclosed porch and deck ·_
addition .
· 3 . #2345, Graydon and M_ichelle
Newman , .1655 Bohns Poi"nt Road.
Variances for average lakeshore setback and
hardcover for construction of room · add itions
and a de tac hed swimming pool. .. -_
4. #2346 , Mark and Pamela Palni ; 14_4 7
Park · Drive. Variance for side setback for
construction of a second story add ition to the
existing residence .
5 . #234-7, Tim_ Sweezo , 4480
·:.~\~~~~-
of approximately 53,000 cubic yards of fill
material on the property. --
6 . #23 48 , Mary Jane Hauser', 1540
Bohns Point Road. Variances for hardcover
and average lakeshore setback for
construction of a new residence. ·
7 . #2349, Caribou Coffee Company,
appeal of an adm inistrati ve determinati on
and request for Finding of Substantially
Similar Use, to allow the warehous ing of
green coffee beans and other dry goods, and
the roasting of coffee at 2725 Wayzata
Boulevard. The request is for a finding that
the proposed use is substantially similar to
that of a commercial bakery in the Industrial
Distric t.·
8 . #2351, Laura Zauner, 3262 North
Shore Drive . After-the -fact var iances· for
hardcover and lakeshore setback for
replacement of a deck.
-All persons having an interest in these
items are invited to attend the pub li c meeting .
Any written comments stiould be forward ed·
_to the City by March 6 , 1998. Please call Liz
Van Zomeren, City Planner/Zoning
Adm inistrator at 473-7357 · fo r ·further
information .
i Cfty of Orono '··
By : Planning Commiss ion _
Michael P. Gaffron
Senior Planning Coord ina tor
;
Watertown Roa,k Qo _r:idit iqnal use --pe \mit -(Published ir:i _th .e_ L_aker -& .Pioneer Feb .. 28,
··ana··we~and setback vari~_nce"fc;,r -placemert ~·: "f 998f . -_ ·_.: ,:. -'._-':_ '--_-·
MA R O '2 1998
CITY Ur GF;ONO
Affidavit of Publication
State of Minnesota, County of Hennepin .
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound ,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.)Theprinted Land Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks :
It was first published Saturday
the 2 8 day of Eebr11 a ry 19.9..8_,
and was thereafter printed and published every
Saturday, to and including Saturday,
the, __ dayof~ 19~;
uthmzed Agent
Subscribed and sworn to me on this
28
By :
(1) Lowest classified rate paid by commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week : $5.14.
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Mary Ann Johnson, of the City of Orono , Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #2348, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 25th day of February,
1998 .
City of Orono
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, l\1N 55323
Phone: (612) 473-7357 Fax: (612) 473-0510
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780
Kelley Parkway on Monday, March 16, 1998, beginning at 6:30 p.m., on the matter ofreviewing .·
the following land use applications:
\
1. #2343, Timothy and Bonnie Johnson, 627 Ferndale Road North. Variances for side
setback and front setback for construction of a detached garage.
2. #2344, Douglas and Marilyn Holcombe, 1056 Loma Linda Avenue. Variances for
lakeshore setback, average lakeshore setback and hardcover for construction of an
enclosed porch and deck addition.
3. #2345, Graydon and Michelle Newman, 1655 Bohns Point Road. Variances for average
lakeshore setback and hardcover for construction of room additions and a detached
swimmimg pool.
4. #2346, Mark and Pamela Palm, 1447 Park Drive. Variance for side setback for
construction of a second story addition to the existing residence.
5. #2347, Tim Sweezo, 4480 Watertown Road. Conditional use permit and wetland
setback variance for placement of approximately 53,000 cubic yards of fill material on
the property.
6. #2348, Mary Jane Hauser, 1540 Bohns Point Road. Variances for hardcover and
average lakeshore setback for construction of a new residence.
7 #2349, Caribou Coffee Company, appeal of an administrative determination and request
for Finding of Substantially Similar Use, to allow the warehousing of green coffee beans
and other dry goods, and the roasting of coffee at 2725 Wayzata Boulevard. The
request is for a finding that the proposed use is substantially similar to a that of a
commercial bakery in the Industrial District.
8. #2351, Laura Zauner, 3262 North Shore Drive. After-the-fact variances for hardcover
and lakeshore setback for replacement of a deck.
All persons having an interest in these items are invited to attend the public meeting. Any
written comments should be forwarded to the City by March 6, 1998. Please call Liz Van
Zomeren, City Planner/ Zoning Administrator at 473-7~57 for further information. . /
City ofOrono /~-v' ~ ,,6 ~
By: Planning Commission 1/' ~ /~/
Michael P. Gaffron
Senior Planning Coordinator
To be published February 28, 1998.
Adjacent Property Owners' Acknowledgement Form
I (we)\'Jk(lo 9-\)c\( ½'.ova_ce.u,, f1 of / 5}<;0 80 h 1/1, s Pf Kd
[print name(s)] : [print address]
have reviewed the plans for the proposed improv~ment or proposed use of the property locat;d
at __________ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not 2.:1r,.:t'.d to
declare approval or disapproval of the property or use but merely to confirm for the
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor'S
project or use requires Council approval.
Date
. I
Date
******************************************************************************
I (we) '(\\c,..,~y ~ 9-~;Jr( ~, JU c o CJ ,c b of
[print narne(s)]
I '.CRQ ~(} ~v'-5
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at __________ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the i.rnprovement plans and that the proposed neighbor's
project or use requires Council approval.
Date
Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Bui.lding & Zoning Office at least 10 days
prior to the scheduled meeting date. ·
9
Adjacent Property Owners' Acknowledgement Form
I (we) ,Do v~l~ ~ <i K~TWI K, ~lfjvc7L of / 5";; l) EPJ/NS /Jr le&
~ [print name(s)] : [print address]
have , reviewed the plans for the proposed improv~ment or proposed use of the .. property locat~d
at / {'ff b P/IH ~f if.L} also referred to as Land Use Application No. ____ .
I (we) understand that in executing this acknowledgement, I (we) am (are) not as ked to
declare approval or disapproval of the property or use but merely to confirm fo r the City
Council that I (we) am (are) aware of the improvement plans and that the proposed ne ighbor's
project or use requires Council approval.
Date
Date
******************************************************************************
I (we) _____________ of ___________ _
[print name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at __________ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the irnprovement plans and that the proposed neighbor's
project or use requires Council approval.
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date. · ·
9
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailini Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
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 pennit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You ate notified that:
1. The information you furnish will be used to detennine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the pennit
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.
Mary Jane Hauser
First Middle Last. ·
3425 Warner Lane
Address
Minnetrista MN 55364
City State Zip
I under~tand my rights as stated above.
Telephone (6U) 47'3-7357 • FAX 473-0510
10
(612) 472-7177
Phone
CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
DAT A PRIVACY ADVISORY
Mailini Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
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 ate 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.
Mary Jane Hauser
First Middle Last ·
3425 Warner Lane
Address
Minnetrista MN 55364
City State Zip
I understand my rights as stated above.
I
4,ll fl~
Telephone (612) 47'3-7357 • FAX 473--0510
10
(612) 472-7177
Phone
Rick and MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
February 17, 1998
Mr and Mrs. Richard Kovacevich
1580 Sohns Point Road
Orono, MN 55391
Dear Mr and Mrs. Kovacevich:
We would like to take this opportunity to introduce ourselves and provide you with information on
our proposed home at 1540 Sohns Point Road. Our names are Rick and MJ Hauser, we
purchased the lot next to your home last fall. We currently live on Cooks Bay in Minnetrista
where we have enjoyed Lake Minnetonka for over 1 O years. We have a three year old son,
Matthew, and a sixteen month old daughter, Amanda.
Since we purchased the lot, we have been working with our Builder/Architect, Steiner Koppleman
to develop plans. Upon completion of the final house layout last week, it was discovered that we
will need to go before the Orono City Council for a hard cover variance. Apparently we do not fit
within the hardcover regulations as they relate to the 75 foot to 250 foot zone of the lot (zone 2).
We are requesting the variance because of the existing steep natural slopes, drainage, ectra as
described in the application. As part of the request process, we are required to have the home
owners on both sides of the property sign the enclosed city application.
We feel the home we have designed works well with the lot and will be a nice addition to the
Bohn's Point neighborhood. The architectural style of our home is a cross between French
Country and traditional. The exterior finish elements will be brick and a shaker roof. We are
working closely with a Landscape Architect to ensure that the lot, landscaping and house
complement and work together. It is our intention to begin building late this spring with
construction completed by the first of next year.
For your information, we have enclosed our proposed site plan superimposed on a survey that
shows where the house will be placed on the lot, completed variance application, and additional
information submitted to the city. Once you have had an opportunity to review, if you could sign
the application and return it to the city in the addressed stamped envelope as soon as possible,
we would appreciate it. We understand from the city that this does not grant your approval, but
acknowledges that you have been informed.
If you have any questions, please feel free to call us at home at 4 72-7177 or Rick at work at 338-
1000. We look forward to joining the neighborhood.
Sincerely,
j'{\~
Enclosures
Rick and MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
February 17, 1998
Mr. Douglas Kirchner
1520 Sohns Point Road
Orono, MN 55391
Dear Mr. Kirchner:
We would like to take this opportunity to introduce ourselves and provide you with information on
our proposed home at 1540 Sohns Point Road. Our names are Rick and MJ Hauser, we
purchased the lot next to your home last fall. We currently live on Cooks Bay in Minnetrista
where we have enjoyed Lake Minnetonka for over 1 O years. We have a three year old son,
Matthew, and a sixteen month old daughter, Amanda.
Since we purchased the lot, we have been working with our Builder/Architect, Steiner Koppleman
to develop plans. Upon completion of the final house layout last week, it was discovered that we
will need to go before the Orono City Council for a hard cover variance. Apparently we do not fit
within the hardcover regulations as they relate to the 75 foot to 250 foot zone of the lot (zone 2).
We are requesting the variance because of the existing steep natural slopes, drainage, ectra as
described in the application. As part of the request process, we are required to have the home
owners on both sides of the property sign the enclosed city application.
We feel the home we have designed works well with the lot and will be a nice addition to the
Bohn's Point neighborhood. The architectural style of our home is a cross between French
Country and traditional. The exterior finish elements will be brick and a shaker roof. We are
working closely with a Landscape Architect to ensure that the lot, landscaping and house
complement and work together. It is our intention to begin building late this spring with
construction completed by the first of next year.
For your information, we have enclosed our proposed site plan superimposed on a survey that
shows where the house will be placed on the lot, completed variance application, and additional
information submitted to the city. Once you have had an opportunity to review, if you could sign
the application and return it to the city in the addressed stamped envelope as soon as possible,
we would appreciate it. We understand from the city that this does not grant your approval, but
acknowledges that you have been informed.
If you have any questions, please feel free to call us at home at 472-7177 or Rick at work at 338-
1000. We look forward to joining the neighborhood.
Sincerely,
Enclosures
Rick and MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
February 17, 1998
Mr. Richard Born
1535 Sohns Point Road
Orono, MN 55391
Dear Mr. Born:
We would like to take this opportunity to introduce ourselves and provide you with
information on our proposed home at 1540 Sohns Point Road. Our names are Rick
and MJ Hauser, we purchased the lot last fall. We currently live on Cooks Bay in
Minnetrista where we have enjoyed Lake Minnetonka for over 1 O years. We have a
three year old son, Matthew, and a sixteen month old daughter, Amanda.
Since we purchased the lot, we have been working with our Builder/Architect, Steiner
Koppleman to develop plans. Upon completion of the final house layout last week, it
was discovered that we will need to go before the Orono City Council for a hard cover
variance. Apparently we do not fit within the hardcover regulations as they relate to
hardcover in the 75 foot to 250 foot area of the lot (zone 2). We are requesting the
variance because of the existing steep natural slopes, drainage, ect as described in the
application.
We feel the home we have designed works well with the lot and will be a nice addition
to the Bohn's Point neighborhood. The architectural style of our home is a cross
between French Country and traditional. The exterior finish elements will be brick and
a shaker roof. We are working closely with a Landscape Architect to ensure that the
lot, landscaping and house complement and work together. It is our intention to begin
building late this spring with construction completed by the first of next year.
For your information we have enclosed our proposed site plan superimposed on a
survey that shows where the house will be placed on the lot, completed variance
application, and additional information submitted to the city. If you have any questions,
please feel free to call us at home at 472-7177 or Rick at work at 338-1000. We look
forward to joining the neighborhood.
Sincerely,
rY'\~
Enclosures
Rick and MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
February 17, 1998
Mr and Mrs. Johnson
1500 Sohns Point Road
Orono, MN 55391
Dear Mr and Mrs. Johnson:
We would like to take this opportunity to introduce ourselves and provide you with
information on our proposed home at 1540 Sohns Point Road. Our names are Rick
and MJ Hauser, we purchased the lot last fall. We currently live on Cooks Bay in
Minnetrista where we have enjoyed Lake Minnetonka for over 10 years. We have a
three year old son, Matthew, and a sixteen month old daughter, Amanda.
Since we purchased the lot, we have been working with our Builder/Architect, Steiner
Koppleman to develop plans. Upon completion of the final house layout last week, it
was discovered that we will need to go before the Orono City Council for a hard cover
variance. Apparently we do not fit within the hardcover regulations as they relate to
hardcover in the 75 foot to 250 foot area of the lot (zone 2). We are requesting the
variance because of the existing steep natural slopes, drainage, ect as described in the
application.
We feel the home we have designed works well with the lot and will be a nice addition
to the Bohn's Point neighborhood. The architectural style of our home is a cross
between French Country and traditional. The exterior finish elements will be brick and
a shaker roof. We are working closely with a Landscape Architect to ensure that the
lot, landscaping and house complement and work together. It is our intention to begin
building late this spring with construction completed by the first of next year.
For your information we have enclosed our proposed site plan superimposed on a
survey that shows where the house will be placed on the lot, completed variance
application, and additional information submitted to the city. If you have any questions,
please feel free to call us at home at 472-7177 or Rick at work at 338-1000. We look
forward to joining the neighborhood.
Sincerely,
Enclosures
Rick and MJ Hauser
3425 Warner Lane
Minnetrista, MN 55364
February 17, 1998
Mr and Mrs. Winslow
1595 Sohns Point Road
Orono, MN 55391
Dear Mr and Mrs. Winslow:
We would like to take this opportunity to introduce ourselves and provide you with
information on our proposed home at 1540 Sohns Point Road. Our names are Rick
and MJ Hauser, we purchased the lot last fall. We currently live on Cooks Bay in
Minnetrista where we have enjoyed Lake Minnetonka for over 1 O years. We have a
three year old son, Matthew, and a sixteen month old daughter, Amanda.
Since we purchased the lot, we have been working with our Builder/Architect, Steiner
Koppleman to develop plans. Upon completion of the final house layout last week, it
was discovered that we will need to go before the Orono City Council for a hard cover
variance. Apparently we do not fit within the hardcover regulations as they relate to
hardcover in the 75 foot to 250 foot area of the lot (zone 2). We are requesting the
variance because of the existing steep natural slopes, drainage, ect as described in the
application.
We feel the home we have designed works well with the lot and will be a nice addition
to the Bohn's Point neighborhood. The architectural style of our home is a cross
between French Country and traditional. The exterior finish elements will be brick and
a shaker roof. We are working closely with a Landscape Architect to ensure that the
lot, landscaping and house complement and work together. It is our intention to begin
building late this spring with construction completed by the first of next year.
For your information we have enclosed our proposed site plan superimposed on a
survey that shows where the house will be placed on the lot, completed variance
application, and additional information submitted to the city. If you have any questions,
please feel free to call us at home at 472-7177 or Rick at work at 338-1000. We look
forward to joining the neighborhood.
Sincerely,
Enclosures
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CERTIFICATE OF SURVEY FOR
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IN GOV' T LOT 1, SECTION 9-117-23
HENNEPIN COUNTY, MINNESOTA
--Tti.t,-rtofloli1in~t.T--.hlpt17.~a3,dNr;rlb9d••.,._., c-r.~ ••point on W... 111'11 tAMld hdlon t, 226 fNI Hanh ol aou.t!MII
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through CM point of beginning and parallel to h louUl h Qf ul4 8edion I; lh.ncl w .. 1 an ■ lint pa,■1191 la lie Socifl 11M vi Aid a.cuon t to lie polnl of beelrnnt,
~lalMpl■tlhel,eafonllemolraoon:lintt.ollcaaflhaCountyAac:,onkr,
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Thi.~~~Nl.lndlrt9ld .... lillCMdHtrfbNpropeny,klJ!u9raptiy,Vlllbi.
14llliu, vlllbl■ ~vemtnlt, lldiaclnl houu location• and ■11Nmenl1 u lltlltd in
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non■.,.Hllecl) .
o d1n01n lron fflllllw
NOTE: LotAIH•t.:t1J;AaflO
NOTE: Ubac:ftniq.....,._fattt.LR-IDiuid ... 3SfNtfrontywct, 101Nl
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0% in 0-75 lvot zana, 2&% In 7S-250 foal tone and 30% In 250-500 Jool zona
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· BARDCOVEJl CALCULATIONS -REVISED D§IGN FOR
APPROVAL (wUb redu«d bardcoHr):
Zono75'-2501
H..,,
Garage
Driveway
Fiont Walk/Scoop
Mudroom walk/Seoop
Slab@ back of Ganae
DO&fUl\. ..,_ .
Main Deck
'f0111ofR&uiahia:Walk
TOTAL HARDCOVER. IN ZONE
TOTAL PROPERTY AREA IN ZONli
9524 sf/ 31,900 sr ... 29.Bli
Zooe 250'·500'
Garaae
Driveway
Monumcnll ....
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA.IN ZONE
1439 sf I ll,SOO sf• 21,11£
3944if
9S9sf
3172d
l85tf
52tf
16sr ... ,
3301(
601 tf = 9.5l41f
31,900d
576,r
1 ◄68sf
4.Ssf
.l.lO.,f
2.439 sf
ll,S001f
,.,.,,, • ,,.,., !,1.-.,,r
Prepared by:
Preliminary Site Plan
REVISED PLAN FOR APPROVAL (with reduced hardcover)
keenan & sveiven inc.
756 Twelve Oab Center
15S00 Wayzata Boulevard
Wayuta, Minnesota
475-1229
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HARDCOVER CALCULATIONS --INITIAL PLAN:
Zone 75'-250'
House
Garage
Driveway
Front Walk/Stoop
Mudroom walk/Stoop
Slab @ back of Garage
Dog run
Spa Deck
Main Deck
Tops of Retaining Walls
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
10,312 sf/ 31,900 sf= 32.3%
Zone 250' -500'
Driveway
Monuments
Road
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
1360 sf/ 11,500 sf = 11.8%
2/17/98
3944 sf
1506 sf
3520 sf
185 sf
52 sf
16 sf
48 sf
215 sf
601 sf
225 sf
10,312 sf
31,900 sf
965 sf
45 sf
350 sf
1360 sf
11,500 sf
HAUSER RESIDENCE
HARDCOVER CALCULATIONS --REVISED
DESIGN FOR APPROVAL (with reduced hardcover):
Zone 75'-250'
House
Garage
Driveway
Front Walk/Stoop
Mudroom walk/Stoop
Slab @ back of Garage
Dog run
Spa Deck
Main Deck
Tops of Retaining Walls
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
9524 sf/ 31,900 sf= 29.8%
Zone 250' -500'
Garage
Driveway
Monuments
Road
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
2439 sf/ 11,500 sf = 21.2%
2/17/98
3944 sf
959 sf
3172 sf
185 sf
52 sf
16 sf
40 sf
330 sf
601 sf
225 sf
9524 sf
31,900 sf
576 sf
1468 sf
45 sf
350 sf
2439 sf
11,500 sf
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Preliminary Site Plan
IN GOV' T LOT 1, SECTION 9-117-23
HENNEPIN COUNTY, MINNESOTA
-Tti.lpaltoll0!11nledlonl,TC!Mlltll,U7,"q•U,dna.,_•,W-:
Comnlncinf • • polnl on W... IN ot Mid a.dlon I , 225 tNt Nortft ot .....,_..
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llwOU9hthePQintoft.g!Mlngandp.■li.ltoh&cMMl h afMl.t~I ;,-_
W•ton ■lint1po1111 li.ito1MlcMil'IIINclulcllkldlonllDlflepolnl:ofbegnnlng,
~lalhepl1lf11Neclt111lleorol-.iinhollc.-oftti.~R~, ~~_,__._
Thlt~MIOWl~N.1,._d,_abowdeecr1bedpros-~.lopography,wtalbla
u11!111n, V~lin'JIRIV9mlnll, -,.0,nC holaakiclitto,,1 and .-nan" M IINtd In
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none.,.1i.i.o1.
o.d1nolnlrOl'I,,_,__
NOTE : UIAIH • t .:t1 tAaN
NOTE -..a,..,....bhUHDrilht.,.,SWfrClllllpN,tOINI
11deywcl, 15 fNI l1kNtlcw9 and bwllod ac1jowng hou .... Hatitccwe, pen»l'IYgl'I.,.
0~ in Q..111 foul: IOM, 25'M, WI 75-250 root tcW111-, .JO'V. in 250-500 JD~ lone.
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; IIARDCOVEll CALCUI.A110NS -REVISED Df.SIGN FOR
APPROVAL (wfth reduced hardl;o,u):
7.oneU'-150 1
Hou1e
Ou1ae
Dri veway
F10DJ Walk/SCoop
Mudroom walk/Stoop
Slab O back ol Ganae
Doaiwi.. , .. """ M>lnD<d<
Top1 of~ W.U.
TOTAL HAR.DCOVEJl IN ZONE
TOT AL PROPERTY ARE.A IN ZONE
9524 1f / 31 ,900 1( • :at.I,.
Zclae250'-500'
G11a1e
Dri veway
Monumetlll ....
TOTAL HARDCOVER IN ZONB
TOTAL PROPERTY AREA-IN ZONE
2:439af/ll ,5001f•JI.H1
394-4 if
959 t f
3172 1( ... .,
,2 ,r
161(
'°'' ]]01(
601 If
..22.l..af
Sll24af
31,SIOOd
'16 If
1468 1(
45 If
llluf
24391(
11 ,,00,r
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keenan & sveiven inc.
756 Twelve Oak& Center
15500 Wayzata Boulevard
Wayzata, Minnesota
475-1229
REVISED PLAN FOR APPROVAL (with reduced hardcover) ~•1••~'-ol ~-11-,e.
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CERTIFICATE OF SURVEY FOR
COMMERCIAL PARTNERS TITLE, LLC,
MARY JANE HAUSER AND RALPH D. BURGESS,
IN GOV' T LOT 1, SECTION 9-117-23
HENNEPIN COUNTY , MINNESOTA
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Jt ~ HAllDCOVU. CALCULATIONS -INl11AL PLAN:
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Preliminary Site Plan
INITIAL PLAN
Thal,.rttlflGl11na.tlonl,TCl'Mllhlipt11 ... at1992.J,._.._N..,_:
C~al ■,ointcwiWee11iMotMidhdiont,221fN1NorltlOf~
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MiMtlotlka.hnc.ln ■~d"-fon ... hlhoNollall■~
11t.14i..lnDf■Ol'IMIID ■!Dffl....._h111id9hor■i1W.1~by ■lnedr-
11tough lhil pgilitotbeg[Mingud par ■ll■IIII 1iM1 So.Mlline of 1alct Sec:tlanl; ~ w .. 1on ■in.pa,1 llellDl'la6cM.¥1Wduld~lla .. ,oilltolNfllinlne,
_.,.IDhplMhr.olonMl•ot,-dinhdiwal'tll■CounfyRaoardw,
Henl'llpln Cowlty, llnMlotl.
Thll N"Y WIW !t-~dlha liCNldnatbN p_..rty, lap091lflll,, 't'ltlo•
ullllll•,'tldll•in.~ta ... canlhol..loelillorl1and-l1Nllllldh,
Chluiio 11tle IN111tM01 CGfmimlnt No. M24l 1lOI daled May :II , IHI (of-left
noM••li.t.d),
o; Nnoln lion "'91frill!:
NOTE: Ull.tn••UlaAuN
NOTE: ..._.,...__.flWhU...Olalrid .. SSWhdp~. tOINI
,ld9ylrd,7'1NtlMnhcnwwlbehlnd~houaN.. Hanlcovwpara1ruge1.,. o,i, In 0,-n foot un11. a" In 1~2so bit mw and JO• In 250-500 !Dot.,..
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Zooa 75'-lSO'
Ho'""
Oarqc ...
DriVcway
ProntWalk/Sioop
Mudroom walk/Stoop
Slab O back of Garap
D01 run
Spa Deck
Ma.IA Dc,clt
Top, ofRclalnm& wan,
TOT AL HARDCOVER. IN ZON6
TOTAL PROPERTY AREA IN ioNE
10,112 ,r 1 11 ,900 ,r -JJ,3'i
Zoa•250'..SOO'
Driveway
M onumcnu
Road
TOTAL HARDCOVER IN ZONB
TOfAL PROPER.TY AREA lN ZONE
1360 Jf / 11,500 1f.;, 11.Ht
Prepared by:
3944 ,r
1506 ,f 1,20,,
115,f
521f
16Jf
41d
21,.r
6011(
.ll1JI
10,312.1(
31,900 If
965 .,
451(
llD..ll
1360 af
ll,50(hf
keenan & sveiven inc.
756 Twelve Oaka Center
15500 Wayzata, Boulevud
Wayzata, MiMcsota
475-1229
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-GOV' T LOT 1, SECTION 9-117-2.3
Exterior Finishes: Brick and Shaker Roof
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WEST 266.12
HARDCOVER CALCULATIONS:
Zone 75'-250'
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
12,191 sf/ 39,375 sf = 30.1 %
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TRACKING SHEET
FILE NO. ~z 3<-t ~
Staff: f_? n-1e,{ (.s.rer S(Qr
Applicant:
· Address:
Mor 7 JQ ""-Uav s:,__,.----
( S 10 Bo~~j Po.\il+ f2 J
Meeting with Staff:
Date Application Completed: ?/(rfc;r
Incomplete Notice Sent:
Date Property Owners Notified: Z/r?5/C?P
;; ✓
Date Legal Notice Published: '"2-/ct/c;J
I
PC Meeting( s): 1/;~/q r
2 )
Notice of PC Action: Y l1/<1P . ,
City Council Meeting(s): ~/z_f/q{
o/t?/o/r
'
Resolution '=/Jt f 1t da,7
X :\APPS\ WPWIN60\ WPDOCS\CAROLE\FORMS\TRKNG.SHf
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6qDay:
Vote: 4-o 0()[!/'M.__
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Vote:
Vote:
Vote:
:i.'6./f lf~ ~/.
Vote:
Vote: