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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. & Mrs. Richard Kovacevich 1580 Bohns Point Road Orono, MN 55391 APPLICATION NO. 2185 NOTICE OF COUNCIL ACTION Date of Notice: November 7, 1996 , _____ , ___________________ _ COPIES: Jim Jensen Jensen Homes, Inc. 601 Lakeshore Parkway Suite 1225 Minnetonka, MN 55305 -----------, ___ _ _ ___________ , ________________ _ TYPE OF APPLICATION: Variance ________ , ____ , ________________ , _____________ , _______________ , _____ _ DATE OF MEETING: 10/28/96 VOTE: 5 FOR 0 AGAINST ----, __________ , ____________________________ , COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Thank you for completing the execution of the three original resolution copies. Please be advised that variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval will expire one year after the date of Council's approval. A building permit application must be submitted no later than October 28, 1997. ch r' ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 Council moved to item #11 and #16 to accommodate applicants. These items appear in numerical order in the minutes. ( #8.) #2174 B-1, B-5, B-6 ZONING AMENDMENT-ORDINANCE-#152, 2ND SERIES Gaffron stated at the Planning Commission meeting of October 21, 1996 they recommended approval of an ordinance to amend the B-1, B-5 and B-6 Zoning Districts as follows: 1. In the B-6 Zone, Class 1 restaurants (sit-down restaurants, no liquor or live entertainment) become a conditional use rather than a permitted use, and Class 1 restaurants with a drive through will no longer be an allowed use in the B-6 Zone. 2. _Borne and Garden Equipment Rental is deleted as a conditional use in the B-5 · · District and added as a permitted use in the B-1 District. Callahan moved, Hurr seconded, to adopt Ordinance No. 152, 2nd Series, an ordinance amending Section 10.40, 10.44, and 10.45 of the Orono Zoning Code by adding, deleting or amending certain permitted or conditional uses within the B-1 Retail Sales Business District, the B-5 Limited Neighborhood Business District and the B-6 Highway Commercial District. Vote: Ayes 5, nays 0. (*#9) #2178 NATHALIE GRAY/ROBERT AND LORRAINE RODEN, 460 AND 480 ORCHARD PARK ROAD -SUBDIVISION OF A LOT LINE REARRANGEMENT -RESOLUTION #3787 Jabbour moved, Goetten seconded to adopt Resolution #3787 for Nathalie Gray and Robert and Lorraine E. Roden, 460/480 Orchard Park Road approving Subdivision of a Lot Line Rearrangement. Vote: Ayes 4, Nays 0. (*#10)#2181 JAMES NYSTROM, 1745 CONCORDIA STREET-RENEWAL VARIAN CE - RESOLUTION #3788 Jabbour moved, Goetten seconded to adopt Resolution #3788 approving James Nystrom, 1745 Concordia Street renewal variance. Vote: Ayes 4, nays 0. (#11.) #2185 RICHARD AND MARY JO KOV ACEVICH, 1580 BOHNS POINT ROAD - VARIANCE -RESOLUTION #3789 Applicant was present. Applicant seeks approval of a hardcover variance within the 75-250' setback area to permit construction of a single story 20' x 20' living room addition at the northeast comer and lake side of the existing residence. Hardcover in the 75-250' setback area is 27 .18 % and the improvement will not result in an increase in hardcover . 9 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 28, 1996 (#11. -#2185 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road -Continued) Hurr moved, Goetten seconded, to adopt Resolution #3789 approving a variance for Richard and Mary Jo Kovacevich, 1580 Bohns Point Road. Vote: Ayes 5, nays 0. (*#12.)#2185 JAMES PFLEIDER AND YVONNE COOK, 509/511 NORTH FERNDALE ROAD -SUBDIVISION OF A LOT LINE REARRANGEMENT -RESOLUTION #3790 Jabbour moved, Goetten seconded, to adopt Resolution #3790 approving the Subdivision of a Lot Line Rearrangement of Properties located at 509 and 5511 Ferndale Road. Vote: _Ayes 4, nays 0. (#13.) COMPREHENSIVE PLAN AMENDMENT -FINAL APPROVAL -RESOLUTION #3791 Approved with Item #5. MAYOR/COUNCIL REPORT Jabbour stated he was glad to see John Gerhardson back. All Council members concurred. Callahan noted the Park Commission has a vacancy and Vice-Chair vacancy. Callahan directed staff to advertise the vacancy on the Park Commission and to contact recent applicants to determine their continued interest in the Park Commission. Callahan moved, Kelley seconded, to appoint Susan Wilson as Vice Chair to the Park Commission. Vote: Ayes 5, nays 0. Hurr requested that Bracketts Point Road discussion be included on the agenda for the 2nd meeting in November. Jabbour asked Moorse what was discussed at the Hennepin Park Big Island meeting regarding their properties. Moorse stated there are dilapidated cabins with non-working septic systems on the two smaller parcels. The zoning code addresses each parcel separately in terms of potential uses. Moorse indicated Hennepin Parks plans to preserve the large natural area in its current state. They inquired about possible uses for two smaller parcels. 10 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Jeanne A. Mabusth Title Building & Zoning Administrator DATE: October 25, 1996 ITEM NO.: Agenda Section: Zoning Item Description: #2185 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road - Variance -Public Hearing Zoning District: LR-1B Lot area = 1 + acres. Application: Applicants seek approval of a hardcover variance within the 75-250' setback area to permit construction of a single story living room addition at the northeast comer and lake side of the existing residence. Hardcover in the 75-250' setback area is 27.18%. The improvement will not result in an increase in hardcover. The following ordinances are pertinent for this review: 1. Section 10.22, Subd. 2 75-250' setback area= 39,800 s.f. Allowed= 9,950 s.f. or 25% Existing= 10,820 s.f. or 27.18% Proposed = * 10,820 s.f. or 27 .18% *400 s.f. of structure will be placed over existing patio area. Some 75 s.f. of additional structural hardcover will be matched with an equal removal of patio area along east side or lake side of residence. Variance = 870 s.f. or 2.18% 2. Section 10.03, Subd. 14(C)-Review of structural coverage Total area= 64,687.5 s.f. Allowed= 9,703 s.f. or 15% Existing= 6,930 s.f. or 10.7% Proposed= 7,330 s.f. or 11.3% No variance required List of Exhibits A -Application B-PlatMap C -Property Owners List D -Existing Floor Level E -First Floor Plan F -Building Section G -Elevation/Lake Side H -Hardcover Facts 75-250' Setback Area I -Survey J -Detailed Survey 75-250'/Location of Residence to South Zoning File #2185 October 15, 1996 Page 2 Request for Council Action continued page 2 of2 October 25, 1996 Zoning File #2185 Description of Request Applicants seek approval of 20'x20' addition to the existing residence to be placed at the northeast comer and lake side of residence. The majority of structure will be placed over an existing patio. Some 75 s.f. of the new structure hardcover will be matched with an equal removal of 75 s.f. of concrete walkway along lake side of residence. The addition will meet all required setbacks. Refer to Exhibit J, the lot to the north remains undeveloped. The original home was razed over three years ago. The proposed addition will not encroach the lakeshore setback line of the residence to the south. The single story addition will provide an expansion of the existing first level living room. The addition will extend approximately 5' further in front of the existing lake side building line of the principal structure. Description of Hardship Please refer to Exhibit A. In June of 1987, applicants applied for a permit for their swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardcover at that time. Hardcover is now shown with an excess of 2.18% hardcover as water retention area is included in hardcover facts. Another of the findings or hardships noted by applicants would be the location of the residence approximately 150' from the lake. The actual retention area of the pool would accommodate up to a 9" rainfall event. No other variances are required for this improvement. Planning Commission Recommendation To approve as proposed the hardcover variance within the 75-250' setback area for Richard and Mary Jo Kovacevich to permit construction of a 20'x20' living room addition to the lake side of the residence and to approve hardcover within 75-250' setback area at 27.18% subject to applicants completing the removal of all non structural paving improvements prior to the footing inspection for new construction. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed approval resolution. ch A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE #2185 WHEREAS, Richard M. Kovacevich and Mary Jo Kovacevich (hereinafter "the applicants") are owners of the property located at 1580 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: The south 225 feet of Government Lot 1, Section 9, Township 117 North, Range 23 West of the Fifth Principal Meridian (09-117-23 33 0008) Hennepin County, Minnesota (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 construction of a 20'x20' living room addition to the lake side of the existing residence resulting in 10,820 s.f. or 27 .18% hardcover within the 75-250' setback area where 25% is allowed and where 27.18% exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2185. 2. The property is located in the LR-lB, Lakeshore Residential Single Family Zoning District requiring 1 acre in area. The property consists of 1 + acres. 3. The Orono Planning Commission reviewed this application on October 21, 1996, and recommended approval of the variance as proposed based upon the following unique findings and hardships: Page 1 of 6 A. In June of 1987 the City issued a building permit to applicants for a swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardcover at that time. B. The proposed improvement will not result m additional excesses of hardcover. C. Applicants' residence is located approximately 150' from the lake. There is an extensive grassed gentled sloped yard extending lakeward from the residence. D. No other variances are required for this improvement. 4. The City Council fmds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 permit construction of a 20'x20' lake side addition resulting in an excess of 870 s.f. or 2.18% hardcover variance, subject to the following conditions: Page 2 of 6 1. All nonstructural paving improvements as shown on Page 6 of this resolution shall be completed prior to the footing inspection for the new construction. 2. 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 (October 28, 1997). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 Orono City Council on this 28th day of October, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) Page 3 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of October, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 CITY OF ORONO ' .... g 6124730510 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $220.00 09/12/96 07:20 5) :08/16 N0:321 Application # ::2 / ~~ Date Received y -;;<_ 7 , y C, Amount Paid 7 a, o • 00 ($50.00 pe_r each additional variance) _, fl, ,n, Renewal Vanance Fee $120.00 ::Jljr ,3 .,.,/} (no change from original application) lfx·= f;:..-·..,.-• Varianc,e for non-confonning structures $220. 0 ~- After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1580 Bohns Point Road Property Identification Number (P.I.D .)_0_9_1_17_2_33_3_00_0_8 __________ _ Attach legal description to application if not included on required survey. Date Property Acquired January 1991 (month/year) I (do) (do not) also own the adjacent parcels of land . Present use of property: _X_residential __ other (specify) _________ _ ZoningDistrict:_R_l ________________________ _ APPLICANT Name Jensen Homes, Inc. Address: 601 Lakeshore Pkwy. #1225 O'WNER (if different then applicant) Name Richard & Mary Jo Kovacevich Address: 1580 Bohns Point Road Phone (home) 47 5-09B6 --------Phone (work)-----'4 __ 7.;;;..5-"'""0..;;.54 __ 8'---__ _ City: Minnetonka Zip: 55305 Phone (home)_4 .... 7-=-1--'0'""'l ..... 95-=---~- Phone (work)_6..__6;..;..7_-....;9 l;a,.,a6..;...7 ___ _ City : Orono Zip: 55391 DESCRIPTION OF REQUEST Estimated Construction Cost $ 65,000.00 Describe request in detail: We propose an addition along with existing hardcover of 75 sgft to be removed in order to provide new conditions ~hich will not increase the existing hardcover (attach additional sheets if necessary) currently at 27 .18% VARIANCES REQUIRED Lot Area Setback : Front Lot Width Side __ X Hardcover Rear __ Lot Coverage Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements : At the time the home was constructed in 1~87 the swimming pool area of 900 sqft was not in_:tmreted as b.a.r.d.c.over and therefore the 25% coverage was met. The existing pool will accommodate up to 911 of rainfall before overflowing. The Kovacevich home is also se t back ap~roximately 150 feet from the 1~1...L-------------------------------(attach additional sheets if necessary) 7 SEP-26-96 THU 16:08 NORWEST EXEC ADMIN FAX NO. 612 667 2206 .... ---· -............... .a.J.•...,, CITY Of OROHo Rl:.QUIRED SUBMlTTALS AP al th e roUsnriac ioC1cm1Pan must Ile aMl!miRJ4 by tbs aQJlllcat;go dadlu,c daJ.1 ln trdsr far xa»r •Ntlls•n°n to be SQl'l!l4crcd complete; l. l. 3. 4. S. 6. 1. &. Campletcd Application Fann Certified Property Owner~ List of owners witbin J 50'. labels anti pl.at .map (y4)u must obtain. lhis list. labels an4 m•p from He~pin County ~attmcnt of Fi~. A-S>l, Oovt Ccnrt:r. 348-3271). Ccrtifica~ of Survc:y (signed by a li=nsed :;W:Yeyor) a.QC:i inc:h1d. betd~ver Qlc\&l~ions as required. In ddition., pro\114~ one (l) copy aw• x 11" f&r le~OZl. Topooaphic: surwy (existing and proposed elevations) if any ~ha.nges in c:xisUna pade aR proposed. la. 3dditRtn. p~ 4)fte (l) copy 1½11 x 11" fli>t reprod1.idion. Skotches er pl$\:i ·of iloc;,r &; elcv&tion ~icws (provide one (1) copy IY':i." x 11 "). List of fflO l$g&l !'lalftCS (ineludc marital ttanll) of all pcrsoos with an int.ct"" in lhe pR,pfflY. This would inc:hadc IW!le(s) of appw:ant(s) if not c~eat owner-($). As m ad.ikndwn to this application. please atta.i.h a ~pen.tc: tisi of any othi::r- ~ yo.i ~h notified of th.is application. AdditiOJUl items u may be rcq~sted by City staff, The Appli~t and Propcny Owner must sign this application. P'1<:asc rem,=hcr that xau: vartenss app\lntiaa. 11 got am11Jctt if ru 1bPxs icaf0tmariqn bv not bun tnctudp:l. APPLICANT'S SICNATVRE The -,plic~ bc:Rby •&RCS to provide all in.fannation required or r•r:tueited by the Zcnina AmninistnLtot. •~ tO pay additional fc;s (sUlff time not coveted bf original fee ~ymcnt) a,a4/ar conaullallt Clf,pChSCS i~Wted in rcvic:w of this a.ppUc:ation, and ~ertilics that the iafoffllation. ,u.ppli~ is we correct to the st of his/her knowledge. OWN'Ell'8 SIG?'IIA TlJltE U. oWDer -.by ~wlcd.ics and ~ to this Sl)pliQtioa. and f~r .a~odzcs rcasoaable en.try onto the property by City st&ff, c:ons1:lt11nts, ageats, Comm.wio.n members. and Count:il mem.berl fCJr ~ of in i11uion veinficarion of this request. ~~~~~~~ Date g-Q\b ~ 9b _ Applicam must h&vc aU subm;t1a1s · -into the City offi(:cs 2, daya bofotc ~ Plann.ina Camn,.iss:ion Mced.ng. Plaa.ning Commiuion Moeuqs arr:-held on tho third Mo11daf cf ~h month. AppUca111s ... ast be: preseiai at all scbcdvlcd re-ie• m.ectiap of tbil! Pla1u:d11c C..flliUlaa aa4 Cou•cU.. J£ an applicant is UM'ble to attcncf a $Chedukd mc:ctins, please make arnn,s~aQU to bave an ai.&UlO~ qc11t aMtld in your _place and 10 <MWiae the &uildifta a Zohina Office of this cbanac prior to lbc:: meting. · I P. 01 Gl,1002 zo -c:I o~ ~~~w dsv=zo 96-gz-des ( 15) 584 . 5 1!69"40 'W 586 ~ \R\l\!J :::; L-7' G CD -··:... ( 16) 8 ~ 100 !:I F ~ (9) '\ 83. 5 i \ 170 \t!\O u • (e ~ B 0 ~ 2.1 ( 13) ~/ ~ l-\&"3°29 '1'. N84°3f!•w ,._<o,',1/ 200 N89"55'E 4Q_55 9q _q4 / ( I ) ~-- lt-:i--;..:'r )· \ ,' ; f ' ' ·"' . ,~ <--.... ,.,✓ .... - -.. RUN DATE 09/26/96 BATCH. 506 PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ,01-lNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 08-117-23 44 0014 01535 BOHNS POINT RD R G & K S OLSON . RONALD G & KAYE 's OLSON 1535 BOHN$ POINT RD. HAYZATA MN 55391 38 09-117-23 33 0008 01580 BOHNS POINT RD RICHARD M KOVACEVICH ET AL RICHARD M KOVACEVICH NORHEST CENTER 6TH & MARQUETTE . MPLS MN 55479-1062 38 17-117-23 11 0004 00038 ADDRESS UNASSIGNED D & SANDERSON ET AL J L CONNER & G J PAULUCCI 1645 BOHN POINT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 54 38 08-117-23 44 0015 01595 BOHNS POINT RD CJ & SL WINSLOW CLARK J & SHARON J HINSLOH 1595 BOHN$ POINT RD WAYZATA MN 55391 ·38 16-117-23 22 0001 01600 BOHNS POINT RD JOSEPH C THOMASON & HI~E CONNIE R SHEEN 1600 BOHNS POINT RD HAYZATA MN 55391 38 17-117-23 11 0013 00038 .ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEHMAN GRAYDON·K NEHMAN JR MICHELLE M C NEWMAN · 1655 BOHNS POINT RD ORONO MN 55391 38 09-117-23 33 0007 . 01540 BOHNS POINT RD RALPH D BURGESS JR RALPH D BURGESS JR 2765 NIAGARA LAN PLYMOUTH MN 55447 38 17-117--23 11 0003 01625 BOHNS POINT RD THE BANK HAY2ATA TRUSTEE NORHEST 8ANK MPlS TRUST·REAL ESTATE 6TH & MARQUETTE MPLS MN 55479.-0053 TOTAL BATCH 506 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMAT;ION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TA~TION, TO THE BEST OF MY KNO~LEDGE AND BELIEF-_ c::;7 ,. DATE 9-27-9, BY ·~ ,qw ~;;rx rvgv • • ,,,...,•,M' \~OIi 2o'-ofl --------------------- 1 S' -o 11 □-- 1 I for----THE--.. (() -I IJJ = C) -' ~ -\) _, l-I V I N 9 fZ_ OC/ ~1 A D D I TI O N KOVA C EV CH KE-S DE ~CE- -O fZ_CJNO, MlW NSS,OTA a-.AW L--0f'Al-S -----i~tcf-lc. ?~ JENSEN HOmE.S. INC. CARLSON CEN"liR • 601 LAKESHORE PARKWAY, SUITE 1225 • Mlf'l.lETONKA, MN55343 • 612/475-0548 t'.?f ~ ---. -·-PArzTIAL tsXTSF---l op:. t~LA3,/ A Tl ON --~i::..-~~ 1/,f':::. I '~o '' - ··• I JEN,SEN HOIDE_S. INC. CARLSON CENTER • 601 l..Al<ESHORE PARKWAY, SUITE 1225 • MIN'-lETONKA, MN 55343 • 612/475--0548 CITY OF ORONO ti 6124730510 09/12/96 07:20 IS] :14/16 N0:321 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXlSIUSJi HARQCQYEB IN ZONE A. House ·· x -=•cc,..:~ Cone at Pool --=-----Walls -Total -----3 -Slabs ~---- B. Oaraae C. Driveway A/C Slabs ____ _ X X D. Sidewalk in bac;k inc;] • ...12atio x Remaining 3 walks x E. Patio/Deck Deck Stoop F. Landscape Underlain By Plastic Pool G. Other Stepping Stones X X lt X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE Width A 10,820 + B 39 .800 PROJ!Q$EP HABDCQYEB IN ZONE A. House ____ ~ B. Garage C. Driveway D, Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic O. Other X X X X lt X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B Width A ---- 13 %50•.500' 500-10001 --= ""' - IC! .,, = - "" = ... 1111 X 100 m. - .. .. .. - ,.. = x. 100 .,. __ 4..:..a, ..... 4.,..,80,.____ S.F. __ 1_,_5 __ 5o __ s.F. 112 s.F. -----2-4--S.F. ----- _____ S.F. 1,880 S.F. -~...,........1....,6 __ S.F. __ ...,,7,,_.,,8...,,..7 __ S.F. ___ 7_2_0 __ S.F. 165 S.F. --7"2'g--S.F. ·---- 900 58 S.F. S.F. S.F. S.f. 10,820 .. F. 39,800 S.F. --=--=,-,,.----27 .18 % ------ _____ S.F. -----S.F. _____ S.F. _____ S.F. _______ S.F. S.F. ----------S.F. _____ S.F. S.F. --~--S.F. S.F. ----- S.F. ----- ---~-S.F. S.F. S.F. ----- A A B 33 0 < 0 0::: ···15.0···'-•···· 1- z .)f~l< 0 a. (/) .. z :c 0 m ~ l(l· N w in ~ t z SW cor Sec. .- 9-117-23 ··•' 3.> \ I I ~ tso · Se+k.,k /...i.-.e \ \ S. fi,.t • .f -'i•11't Lo+J, .. s.,. <J·l/7·23 I I I I '· I ~ i() I I I I I I I I I I I I 173,35 EAST 283.21 I I I ~ ~ I• ., I I I I I I HOUSE l I I l I l /. J I I 94.86 ii_• rd .!t.!.!' .. tl t I-=-7S' Se+i>(l<J< Li"'e imming J Po o I C o n c r e t' e_ r1r·J -I ·:,;;:·l: ,. •· I I I I I I I f I I I. I I I I I I I I I I I /ltf ' I \ I ., , -! : -.JI l ti 11)1 I I I I I I I I,-.. I C0 : tJ :N I I I I : JI: I • :~ i ii, ,r' :~ I I(/) I I I I I I I I I I I I I ~ et • Slepping Stones••· / oO[)DDDD·C)CJClC3ClClCllOOOODOOclabo I ! WEST 266.12 \ ~-· .. ' t•'·✓•l' 'll",i-o' I ,. I I ' I I I I' './•' 13 t 13 t 41 C: - -J .. :, 0 .... C: 0 (.) "': O> ~ LaJ ~ 41( ..J . .. ( .. Lt -4 2 - :I _j I n " " \.) .,, ) ,) ) ··· 15 O···· I I I \ I I ~ 250' Se+b•ck t,ne \ \ 6 m u) I 173.35 ~ oci ·t I I I I I I I EAST 283.21 7SJo.Fr. ~•) ;~ q I~ / AP/JITl~A'AL .h/c ~ /./Atd(:IIV(A.. \ ) I I I 94.86 EXISTING I HOUSE I I I I , I ~ 75' Se+h"ck /_ine ~ . ~ I I JW<mming j • , , , , I [5f-i 0 n c r e t e --_:-______ I / f Oo0CJoc!ii·•Concretc Stepi:icq Stones--... ; 'O:i:Jo0 f . ~o 000oo01:.Tl □l1u□uL 1rJ00'601:10 i[][J[]J[][• . : I . \ i,. ' I• I '• --~,/$"- r:J, ,: I I I ' I ' I I I ·"" ,' I • I ' I ~· .~ i -.J' ' "' .. , ,, ~: ' I :,-... I CD I U') '"' I('/ I 3: I '' 'CD I '7 ' -I u) ' ~ V" 0 (/) I I I I I I I I I 13 ! w ~ <( _, I ~ -~~•.------+-----i~------....:i.: _________________ ,..... ____ -\-------------r-:--:~ · · · · S. i;., .f 6;•.-·t Lot 1, W[ST 266. 12 13 ! 5,, q · /I?• 23 •.. " .. ~ ' J.,'9,.;1·"" "'~•' t.'i-\S'\\',\G it ~'); ~ . ~-'_:·~ ,vf-1, ) ~ ><-:J .... ··:., ' t.d,w.-~~ ,.. , ! /I 1 , • ~ :4 .~~ :;;:::::·~:\ ::_-~\; SCALE f''; 20' SHEET NO. DA 8- CITY of ORONO October 25, 1996 Mr. and Mrs. Richard Kovacevich 1580 Bohns Road Orono, Minnesota 55391 Dear Mr. and Mrs. Kovacevich: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. Your variance application will be scheduled before the Council at their October 28, 1996 meeting which commences at 7:00 p.m. You are asked to review the resolution and to contact staff prior to the meeting if you have any questions. Sincerely, ~~ !). ,f}f\~ Jea~e A. Mabusth Building & Zoning Administrator JAM/ch Enc. cc: Jim Jensen, Jensen Homes, Inc., 601 Lakeshore Pkwy. #1225, Minnetonka, MN 55305 Telephone (612) 473-7357 • FAX 473-0510 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING HELD ON OCTOBER 21, 1996 (#10 -2184 Brian Carrington -Continued) Smith asked if there was any historical significance to the house. Carrington said, although it was the Wolsfeld property, there is no significance noting the size as being that of a double garage. There were no public comments. Stoddard asked about the well . Carrington said it would be used for irrigation and would need a spigot only on the outside of the structure. A new well is being dug for the new residence . Smith moved, Hawn seconded, to approve the variance to convert the existing residence to a storage building to include heat for a workshop and maintain the current well for use as an irrigation system for outside yard use. The other plumbing fixtures are to be removed . McMillan asked if the neighbors were notified . Carrington said he spoke with the adjacent neighbor, who approves, and the City notified others in the neighborhood . Vote : Ayes 6 , Nays 0. (#11) #2185 RICHARD AND :MARY JO KOVACEVICH -1580 BORNS POINT ROAD -VARIANCE -PUBLIC HEARING-10:09-10:14 P.l.VI. The Affidavit of Publication and Certificate of Mailing were noted . The Applicant was represented by Jim Jensen. Mabusth reported that the residence was built in 1987 along with the pool. At that time, · the open water area of the pool was not considered hardcover. It is now considered hardcover resulting in an excess of hardcover over the 25% allowable. Hardcover exists at 27.18%. The proposal results in no increase with the placement of improvements over existing structure. The 75 s.f. of additional hardcover will be matched with the removal of equal concrete area. Structural coverage is at 11.3%. There is no impact on the average lakeshore setback as there is no structure on the property to the east. Mabusth said there has been no response from the neighbors. Jensen said the 900 s.f. swimming pool will hold 9" of water during rainfalls. McMillan added that the pool cover would have to be removed for this to occur. He noted the 870 s.f. of excess hardcover or 2 .1 % in the 75-250' setback. The home is located 150' from the lakeshore . Jenson said there is good retention on the property and no net change in the hardcover. 19 MINUTES OF THE ORONO PLANNING COM:MISSION l\1EETING HELD ON OCTOBER 21, 1996 There were no public comments. Hawn moved, Smith seconded, to approve Application #2185 for hardcover variance with no net increase. Vote: Ayes 6, Nays 0. (#12) ZONING AMENDlVIENT B-5/B-6 -CONTINUATION OF PUBLIC HEARING -10:14-10:20 P.M. This application is a continuation of the public hearing on the Zoning Amendment for the B-5 and B-6 Zoning Districts. The changes in the amendment are a result of a September 27 work session. Mabusth asked ifthere were any questions. Hawn, who was not in attendance at the work session, asked for clarification pertaining to permitted uses. She cited the example of allowing a sit-down restaurant, but not a drive- thru restaurant. Hawn asked what Orono's viewpoint was in respect to serving alcohol in an upscale cuisine restaurant. Schroeder responded that it would require a future amendment of the code. The exclusion is drive thrus would not be allowed under conditional uses either. McMillan inquired if there were any liquor restaurants in Orono. Mabusth said the only one would be Jimmy's Lounge. Mabusth said a Class I restaurant with on-sale liquor would require a conditional use permit as well as a liquor license. Schroeder alluded to page 1, under Discussion, item # 1, where a Class 1 restaurant is described as a sit down restaurant with no liquor or live entertainment and inquired if liquor was not allowed. Mabusth said the definition came from the existing code. It was decided that all of the business uses should be revisited and reviewed to consider further changes during this upcoming year. Schroeder moved, McMillan seconded, to recommend approval of the draft ordinance. Vote: Ayes 6, Nays 0. PLANNING COlVIMISSION COMMENTS (#13) REPORT OF PLANNING COlVIMISSION REPRESENTATIVE ATTENDING COUNCIL MEETING OF SEPTEMBER 23, 1996, CHARLES SCHROEDER Schroeder noted no conflicts with decisions made by the Council on zoning issues. 20 TO: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: October 15, 1996 SUBJECT: #2185 Richard and Mary Jo Kovacevich, 1580 Bohns Point Road-Variance - Public Hearing Zoning District: LR-1 B Lot area = 1 + acres. I I . Application: Applicants seek approval of a hardcover variance within the 75-250' setback area to permit construction of a single story living room addition at the northeast comer and lake side of the existing residence. Hardcover in the 75-250' setback area is 27.18%. The improvement will not result in an increase in hardcover. The following ordinances are pertinent for this review: 1. Section 10.22, Subd. 2 75-250' setback area= 39,800 s.f. Allowed= 9,950 s.f. or 25% Existing= 10,820 s.f. or 27.18% Proposed= *10,820 s.f. or 27.18% *400 s.f. of structure will be placed over existing patio area. Some 75 s.f. of new structural hardcover will be matched with an equal removal of patio area along east side or lake side of residence. Variance = 870 s.f. or 2.18% 2. Section 10.03, Subd. 14(C)-Review of structural coverage Total area= 64,687.5 s.f. Allowed= 9,703 s.f. or 15% Existing= 6,930 s.f. or 10.7% Proposed= 7,330 s.f. or 11.3% No variance required List of Exhibits A -Application B -Plat Map C -Property Owners List D -Existing Floor Level E -First Floor Plan F -Building Section G -Elevation/Lake Side H -Hardcover Facts 75-250' Setback Area I -Survey J -Detailed Survey 75-250'/Location of Residence to South Zoning File #2185 October 15, 1996 Page2 Description of Request Applicants seek approval of 20'x20' addition to the existing residence to be placed at the northeast comer and lake side of residence. The majority of structure will be placed over an existing patio. Some 7 5 s.f. of the new structure hardcover will be matched with an equal removal of 7 5 s.f. of concrete walkway along lake side of residence. The addition will meet all required setbacks. Refer to Exhibit J, the lot to the north remains undeveloped. The original home was razed over three years ago. The proposed addition will not encroach the lakeshore setback line of the residence to the south. The single story addition will provide an expansion of the existing first level living room. The addition will extend approximately 5' further in front of the existing lake side building line of the principal structure. Description of Hardship Please refer to Exhibit A. In June of 1987, applicants applied for a permit for their swimming pool. The water retention area at 900 s.f. or 2.2% was not considered hardcover at that time. Hardcover is now shown with an excess of 2.18% hardcover as water retention area is included in hardcover facts. Another of the findings or hardships noted by applicants would be the location of the residence approximately 150' from the lake. The actual retention area of the pool would accommodate up to a 9" rainfall event. No other variances are required for this improvement. Issues for Consideration 1. Should additional hardcover removals be requested of applicants as a result of this improvement, refer to Exhibits H and J. 2. Other issues raised by Planning Commission members. Options of Action To approve as proposed or amended. Recommendation should include a condition that any hardcover improvements scheduled for removal must be completed prior to the footing inspection for a new construction. ch . · ... 10.0 ;i ' i'/3.J~ ( . 250' Setbo.,k /... r-1ne [AST 283.21 \ I I I I j I I I I 94.86 , ~--:_~i-6 " 1 ~ I ~ 75' 5e+ha.<.k L,-,,e I I ......... I • ".r'-' _; ,_. Li GJ / OQOCJQ~C o c'' e I e ,. I . : ~a / " ' " , " ., ' •. o " .,.. .. : ' /--: .' ·.' •' Ji ,, . ' ~' ,, V): ' 0, ' <O ',,; 'N :" : 3: '' '<O :~ ' "' :~ ,., ,O ' V> I"""<"' =«uncmmuci'n)c -~r--\---~~~-----;;;:;;---~--JS.: __ .:· . ' .. s. fi,ot .r ...... , L1HI ~e, q./f7·23 ' W[Sl 266.12 · · · · ·f 13 ! \ \ Page 6 of6 I SCALE l'',20' w ~ <( _J I.DA 8· CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-051 Q NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway o·n Monday, October 21, 1996, the meeting commences at 7 :00 p.m ., · on the matter of reviewing the following land use applications: I 1. #2175 Frank and Susan Koubsky of 4784 North Shore Drive seek approval of a street I setback variance, structural separation setback variance and variance that would allow a detached garage to be placed in front of the front line of the e_xisting residence. 2 . #2176 Daniel S . Perkins of 55 Landmark Drive has filed an annual renewal conditional use permit and variance to allow the dredging of approximately 200 cubic yards of spoils from a designated wetlands where the code would allow no land alterations. 3 . #2179 Theresa Norsted of 2811 Casco Point Road has filed an amended variance application seeking approval of side and street setback variances to allow construction of a detached garage within the street yard of the property and a hardcover variance within the 75-250' setback area where a grade level patio is proposed at the lake side of the residence . 4 . #2180 Peggy and Frank Pichelman of 2920 Casco Point Road seek approval of street setback , hardcover within the 75-250' setback area and lot coverage variances to permit construction of a 26' x 30' garage addition to the street side of the residence . and a 26' x 16' 2 1/2-story addition at the lake side of the residence consisting of a family room and upper level atrium area . 5. #2181 James Nystrom the owner of 1745 Concordia Street has filed a renewal variance for lot area , hardcover within the 75-250' setback area, side and average lakeshore setback variances to permit construction of a new residence and the demolition of the former residence . 6. #2182 Herbert Terry Olson of 3640 Bayside Road has filed a conditional use permit to permit construction of a new 26' x 27' garage on a through lot. In addition, applicants seek approval of a street setback variance and a setback variance that would allow placement of the garage in front of the front line of the principal structure located adjacent to Bayside Road or County Road 84 . 7 . #2183 Charles "Buck" Kramer, the owner of 2990 Somerset Lane , has filed a conditional use permit to allow the dredging of two ponds within protected wetlands . The spoils from the fill will be placed on applicant's homestead parcel and on adjacent properties owned by applicant. . 8. #2184 Brian Carrington, the owner of 1920 Sixth Avenue North, has filed a variance application that would allow the conversion of the existing residence into a storage structure that will be located in front of the front line of the new residence to be constructed on property. 9 . #2185 Richard and Mary Jo Kovacevich , the owners of 1580 Bohn's Point Road, seek approval of a hardcover variance within the 75'-250' setback area that would allow construction of a single story addition to be located at the lake side and northeast corner of the residence. All persons wishing to be heard will appear at the meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono By : Planning Commission Jeanne A. Mabusth Building & Zoning Administrator (Published in The Laker and Pioneer, Oct. 5, 1996) . 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 331A.02, 331A .07, and other applicable laws, as amended. B.) The printed --'-/4=(J/,2....1·, .... -,_/-'-"""-"'---"'~~='-LL.l;.L._ __ which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was first published Monday, v ' I 1/i ra ·· -( . ,. ~,,. the · J day of Jt/c u and was thereafter printed and published every Monday, to and including Monday, the ___ day of~ &ze~gent; Subscribed and sworn to me on this By: "D 'STI ~wry p lie t<. . ,sue -MINNESOTA I.(, L.~ .. ,,, EXPIRES 1-31•2000 Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $12 .20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above mailer: $7.00 per inch. Each additional successive week: $5.05 . CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2185 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of October, 1996. Jami (/1~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, October 21, 1996, the meeting commences at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2175 Frank and Susan Koubsky of 4784 North Shore Drive seek approval of a street setback variance, structural separation setback variance and variance that would allow a detached garage to be placed in front of the front line of the existing residence. 2. #2176 Daniel S. Perkins of 55 Landmark Drive has filed an annual renewal conditional use pernµt and variance to allow the dredging of approximately 200 cubic yards of spoils from a designated wetlands where the code would allow no land alterations. 3. #2179 Theresa Norsted of 2811 Casco Point Road has filed an amended variance application seeking approval of side and street setback variances to allow construction of a detached garage within the street yard of the property and a hardcover variance within the 75-250' setback area where a grade level patio is proposed at the lake side of the residence. 4. #2180 Peggy and Frank Pichelman of 2920 Casco Point Road seek approval of street setback, hardcover within the 75-250' setback area and lot coverage variances to permit construction of a 26'x30' garage addition to the street side of the residence and a 26'x16 2 1/2 story addition at the lake side of the residence consisting of a family room and upper level atrium area. 5. #2181 James Nystrom the owner of 1745 Concordia Street has filed a renewal variance for lot area, hardcover within the 75-250' setback area, side and average lakeshore setback variances to permit construction of a new residence and the demolition of the former residence. 6. #2182 Herbert Terry Olson of 3640 Bayside Road has filed a conditional use permit to permit construction of a new 26' x27' garage on a through lot. In addition, applicants seek approval of a street setback variance and a setback variance that would allow placement of the garage in front of the front line of the principal structure located adjacent to Bayside Road or County Road 84. 7. #2183 Charles "Buck" Kramer, the owner of 2990 Somerset Lane, has filed a conditional use permit to allow the dredging of two ponds within protected wetlands. The spoils from the fill will be placed on applicant's homestead parcel and on adjacent properties owned by applicant. 8. #2184 Brian Carrington, the owner of 1920 Sixth Avenue North, has filed a variance application that would allow the conversion of the existing residence into a storage structure that will be located in front of the front line of the new residence to be constructed on property. PLANNING COMMISSION MEETING -OCTOBER 21, 1996 9. #2185 Richard and Mary Jo Kovacevich, the owners of 1580 Bohn's Point Road, seek approval of a hardcover variance within the 75'-250' setback area that would allow construction of a single story addition to be located at the lake side and northeast corner of the residence. All persons wishing to be heard will appear at the meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. City of Orono By: Planning Commission --) (' ''.. ,/" CJ:i./1 ?-; 2' # -... /,._,,, //-"2 ·" ./ (/ · Y 1/ (//../if<./~ - (Jeanne A. Mabusth -... ___L,/ <-<"-4 . Building & Zoning Administrator To be published the week of October 7, 1996. CITY OF ORONO ii 6124730510 09/12/96 07:20 i5l :11/16 N0:321 i '~ 1 J CITY of ORONO Municipal Offices Street Addl'III! Mallln1 AddraU: P.O. Soi 66 2750 ~!lay Partway Orone. MN 5S356 Cl)stal Bay, MN 55323-0066 DAIA fBJVACY ADVTSOR"( In accordance with M.S. 13.04, Subd. 2, "Rights of subjects ,,f data'', we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: l. The information. you furnish will be used to determine your qualificafa,n 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 extcmt 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. James N. Jones First Middle Last .. 601 Lakeshore Parkway #1225 Address Minnetonka City MN 55305 475-0548 State Zip Phone Telepbosae (6U) 47J..7357 • FAX 473-0510 10 C !TY OF ORONO 1i 6124730510 lit., ,-., .. ..,~~-. S.!Qqu,-~ tvi,..in:. 1-r ftfN. i:ti,.'f."f 1 Irr:.' :,, ' l .,, ~--la,'-,.-+---...,.., -----~--- ~ UI.C.Ull~UT 1111,cc ,_, ICltc&.f ..... 0-15' 15-)SO' 1Si>-SQG• ~-IIDl' ("I'°"' ff.o•-u I• Zo,.1 ---:--;:;:·-·zo.-;;-· , 3.Q~k . /~Q ,.,. ,, •• 1. ., ••• ----·--- .. "-'- ---·--- •• S,a111-.-..11 ~--I •-------• --- ___ ,.,. ---'·'· ---···· ___ 1,.,. -----~~ ___ ... ,. ___ 1.;. ---···· © ,. s:• ,., --9-,__,,-, -L-,-,,-. -,--a.-.... @ u ·."r .IP -Z-:"2 •···@ ·-~-· 'A'/~ I ...3.Q.~. / BO ,.,. , , ... ~, ... -..u,. lt...,.. ----• -111...: ----·-------·--- ___ ,.,. ---•·'· ___ ,.,. , .. ao•• ----•---==--; ... .-. l•I.W. a-. •• Zw • -g:SJ;" 1.1, fil latiL f-"Un..,. 1• 1-· 8.~z..S0 ,.,. t!l rn.:i~ ~m9~0 • 1cu • s, :s: % 14 09/12/96 07:20 15] :15/16 N0:321 SAMPLE HARDCOVER CALCULATIONS {Note: Use a survey for a base map) Area of 0-75' zone: 75' X 110' ~,~8-,-25-'.0_s ___ f ....... f Area of 75-250' (112' +152') 2 zone: X 100' =[13,200 s.f.} _.,,.,.,.- • ,.,. 1,,. . ,.,. I,,_ 2-'1 • 'ki../ . 57&, ,.,.@ ,. a ....... , 2Q • 30 . ~QQ ,.,.® l~ • l~ .. '2-ZS: •.•. © •. t, ..... ,. ,3. ~ • 3~' . ~~ .. ,.G) e' • la' ~o 1.,.© ,. c_:,1..-11~1• 0 .. ,. ,,l,1,11u--..... ,., . .......... J~ .... , .. ... ,, .. .. ,~ LL/ r . . ... ~ "3-\1 EJ.IJ A 't • /d..Q . 5'"&::>0 ,.,. (;) .. , 11h11 ____ ,. ---· __ __,..,..,,,.,. , .. ,. ,.,-. ...._. •• ta.. -j~·rs7· ,.,. 'til , ..... ,.,_." .......... 1... . 13 '2.QQ 1,6, (i] 0 ;.lff7 17.oJl~1'UX?•l~• 211.1% ., 0 0 0 ··-15.0·"' \ \ BERG INC. t'I 1/t~'-',//1 /1/i/lP/t'/" S I ,1kt--:-<1\ ;;-r;i, I I I I Se1.. t:f·1l7·ZJ ' "' '? ' ' ' ' ' 173.35 EAST 283.21 WEST 266.12 \ I I I I I I I I I 94.86 ~ 7S' 5'e+ha.<.k L;;,e @3--I i -I i ~ -C o a , 0 o , : ~"'j Sl~pp,r-~ Stor~s· : ~'-0:tboo(]OOOD ()[J[lClODOJOOOOOO□o'6ofio ( ! \ '' : } : ~#"'1' (': ·.' •' Ji t: ~: V): ' ' '" ;:::; !~ : 3' ,, ' '"' ! ; o,Zi :~ ' .. :o •"' ' 13 t SCALE 111 1:201 SHEET NO. w ~ <( _, DATE 8·21·96 <( ~ z 0 ,_ w z z JOB NO. 96-328