HomeMy WebLinkAboutProject PacketMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 27, 2011 ·
7:00 o 'clock p.m.
0MMISSION COMMENTS -LINDA FEUSS, REPRES
PUBLIC COMMENTS
None
5. #10-3481 NICK AND JODEE KOZ:CAK, 1635 BOHNS POINT ROAD -REVISIT
VARIANCE APPROVAL
Franchot moved, Rahn seconded, to remove Application No. #10-3481 Nick and Jodee Kozlak, 1635
Bohns Point Road, from the agenda atthe request of the applicants . VOTE: Ayes 5, Nays 0 .
*
RES
#11-3509 TOM AND MARGARET RADKE, 3424 EAST LAKE STREET-VARIAN
UTION NO. 6055
Franchot m Yed , Rahn seconded, to adopt RESOLUTION NO. 6055, a Resolution G nting a
Variance to M · cipal Zoning Code Section 78-305 , for the property located at 34 ~ East Lake
Street~ VOTE: A s 5, Nays 0.
7. #11-3512 CITY F ORONO -ZONING CODE TEXT AMEND NTS TO SECTIONS
78-100; 78-121 THROUG 8-123; 78-1111, AND 78-1134 REGARD G VARIANCES-
ORDINANCE NO. 88, ERIES
Curtis stated as a result of the Krumme cher ruling , the state s tory language was recently revised to
reflect the requirement for demonstration o practical diffic when cities grant a zoning code
variance. The revision of the statute results in onsisten ·es between Orono 's Zoning Code and the
language in MN State Statute Chapter 462 . Curren , rono City Code is written to require
demonstration of a particular hardship or undue har · when granting a variance from City zoning code
requirements. There are six references to particu hards · or undue hardship in the City's current
language . The City Attorney has made the ap opriate chan to reflect the new statutory language.
On June 20 , 2011 , the Planning Commis ·on voted 6-0 to recomme d approval of the text amendments .
McMillan asked what impact this endment will have on Orono .
Curtis stated her experience th the new language is that the residents appear o understand the language
better rather than the te ardship that was used in the old st atute.
practical difficulties allow the landowner to explain what the p blem.is .and why
the code does no 1t their circumstances: It also allows them to explain how the changes ·n still be in
keeping with e character of the neighborhood. From a legal standpoint, there is some good idance on
how cities n determine practical difficulties and that he is satisfied and comfortable with the ch
Page 2 of 5 -----------------
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Approval:
Name: Melanie Curtis ~
Title: Planning & Zoning Coordinator
Item Description:
Date: 21 June 2011
Item No.£
Agenda Section:
Nick & Jodee Kozlak -1635 Bohns Point Rd -Foundation Engineering Report-Revisit Variance Approval
Zoning District: LR-1B, One Family Lakeshore Residential, 1 acre/140' width
Lot Area: 0.46 acre
Lot Width: 117 feet
List of Exhibits:
Exhibit A. Kozlak Plans
Exhibit B. Kozlak Hardcover Cales
Exhibit C. Resolution No. 5860
Exhibit D. Moseley Approved Plans
Exhibit E. Moseley Approved Hardcover Cales
Exhibit F. Foundation Report and Coverletter
Exhibit G. Aerial Photos-Bing 2010
Exhibit H. Tree Covenant
Exhibit I. Council Minutes of 08/10/09
Exhibit J. Council Minutes of 08/24/09
Application Summary:
In 2009 Stephen and Susan Moseley applied for and received average setback, lake setback and hardcover
variances in order to construct living space and garage additions to the existing residence on the property.
The limitations of the lot including size, proximity to the lake and the significant tree cover were cited as
hardships supporting the approvals.
In April of 2010, having reviewed the approvals granted to the Moseleys, Nick and Jodee Kozlak purchased the
property. The Kozlaks have been working through the plans approved by Resolution No. 5860 to design their
project. The variance approval has been extended twice by the Kozlaks and remains in effect. Also included
under the variance approval was a condition requiring the Moseley's to grant a restrictive covenant to the City
to protect all of the existing trees on the property.
In order to proceed with the project the Kozlaks had an engineer review the stability of the foundation under
the existing home. The engineer's recommendations states that in order to support the proposed additions
removal of the foundation walls and footings would be necessary; the engineer review is attached. This is
notable because Resolution No. 5860 includes a condition (#7) which states: "Should further investigation into
the quality of the foundation reveal a need for significant repairs the City Council shall review and either
approve of the repairs in order for the project to continue or require modifications to the variances as
granted ... ". Based on this condition before moving forward, the Council must determine whether or not to
#09-3417 & 10-3481
21 June 2011
Page 2 of 2
allow the Kozlaks to proceed with their project or if the project should be reviewed again in light of the
foundation review.
Discussion:
At approximately one half acre, the subject property is one of the smallest on Bohns Point. It has no direct
street frontage and access to the property is over a shared driveway easement owned by another property
owner. Nearly the entire property is situated within the average lakeshore setback. As illustrated by the
attached aerial photos, a mature stand of trees exists on the subject property offering screening from the
adjacent homes however this stand of trees also blocks some views of the lake over the property. The trees
have been protected by the covenant to ensure they would not be removed by a future owner.
As this project was initially reviewed and approved as significant additions to the existing home, the home's
proximity to the lake was an issue, yet the Planning Commission and Council did not require the home to be
moved further back from the lake to a less nonconforming location. The approval was based on a remodel
and the setback and hardcover variances were granted with this in mind. Historically, when presented with a
tear-down situation the City strives to remove as much nonconformity as possible. In the case of a tear-down
review of this property the City may have encouraged the property owner to move the new home further
from the lake. However, what the Kozlaks are requesting is going to result in essentially the same structure
being constructed as was previously approved; no expansion of the home will result from the construction of a
new foundation.
Additionally, the approved certificate of survey has a high level of accuracy; however the approved house
plans are sketches which proved to have some functional issues to work out when it came time to draw
architectural plans. The approved sketches/plans reflected some dysfunctional spaces; did not adequately
allow for a legal stair to the second story; and the elevation views revealed conflicts between the roof
structure and the interior layout. The Kozlaks have designed a home which generally meets the approvals
granted to the Moseleys. Their architects have drawn plans which are slightly different than the approved
plans however do not exceed any of the approvals granted to the Moseleys. Additionally, the Kozlaks' plan
results in a reduction in hardcover from approved levels. The Moseley's plan reflected 25.4% hardcover
within the 0-75' zone and 32.5% hardcover within the 75'-250' zone; the Kozlaks' revised plan results in 21%
hardcover within the 0-75' zone (400 square feet less) and 32.4% hardcover in the 75'-250' zone (5 square feet
less).
Planning Staff Recommendation
The protective covenant for the trees will remain in place, hardcover levels will decrease and the home
constructed will not exceed the approved plans. Staff recommends the Kozlaks be allowed to proceed with
their application for a building permit for their home.
COUNCIL ACTION REQUESTED
The City Council should allow the project to proceed or direct staff to refer the Kozlaks to the Planning
Commission for a review of the plans based on the need for a new foundation.
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Council
Exhibit A
BRiCK
HOUSE
ARCHITECTS
CLARIDGE & FALK
818 W 46TH ST SUITE 204
MINNEAPOLIS, MN 55419
TEL (612) 259 -7884
www.brickhousearchitects.com
PROJECT:
An Addition &
Remodeling To:
The
Kozlak
Cottage
1635 Bohns Point Road
Orono, MN 55391
Owners:
Nick and Jodee Kozlak
612-325-3539
Rev# __ Date: __ _
Date: 6/6/11
Title:
Site Plan
Scale: 1/16" S1
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) e> 75-250'
EXISTING HARDCOVER IN ZONE
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Length Width
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B. Garage X
C. Driveway X
X
D. Sidewalk X
X
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X
F. Landscape X
Underlain X
By Plastic X
G. Other X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
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PROPOSEQ HARDCOVER IN ZONE
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L~ngth Width
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B. Garage X
C. Driveway X
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TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A I :J 4'2.,
CUP and Other Land Use Applications
Last Updated: November 19, 2010
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HARDCOVER CALCULATION WORKSHEET
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CUP and O!her Land Use Applications
Last Updated: November 19, 2010
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SCANl\iED
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Doc No T4693235
Certified, filed and/or recorded on
10/6/09 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Council
Exhibit C
Jill L. Alverson, County Auditor and Treasurer
Deputy 33 Pkg ID 574855
Doc Name: Resolution
Document Recording Fee
Document Total
Existing Certs
815043
$46.00
$46.00
New Certs
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1288
FILE NO. 09-3417
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1288
FILE NO. 09-3417
\VHEREAS, Stephan Moseley and Susan Moseley, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1635 Bohns Point Road
within the City of Orono (hereinafter the "City") and legally described as follows:
Tract B, Registered Land Survey No. 565, files of the Registrar of Titles,
Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the
existing home's first level including a higher ceiling, a gabled roof with living space within 75'
of the OHWL of Lake Minnetonka where a 75' structural setback must be met; and
'WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the
existing home's first level including a higher ceiling, a gabled roof with living space and a
garage addition with living space above ahead of the average lakeshore setback; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 to allow 25.47% hardcover within
the 0-75' setback zone where 0% is allowed and 24.64% currently exists; and to allow 32.5%
hardcover within the 75'-250' setback zone where 25% is normally allowed and 34.8% currently
exists in conjunction with additions to the existing home.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 09-3417.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
2. The property is located in the LR-lB One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 1.0 acre and a minimum lot width
of 140'.
3. The Planning Commission reviewed this application at a public hearing held on
July 20, 2009 and voted 3-4 to recommend approval of variances based on the
following findings:
a. The property contains 20,037 s.f. in area and has 117' in width.
b. The lot is substandard in area and a residence has existed on the property for
many years.
c. There is no additional land available to bring the lot width or lot area into
conformity.
d. At 14% structural coverage proposed the proposed plan meets the structural
lot coverage limitation of 15%.
e. The home expansions are outside of the 0-75' setback area.
f. Rather than rebuilding further from the lake, removing numerous trees, and
disturbing more of the property the applicants have proposed to utilize the
existing home location. The proposed structure complies v,rith side yard and
street yard setback requirements.
g. The applicants will agree to filing a protective covenant in order to protect the
significant trees on the property.
h. Pavers will be utilized for the patios and sidewalks for increased permeability.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a fire
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
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 a...11d intent of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the
existing home's first level including a higher ceiling, a gabled roof with living space and within
75' of the OHWL of Lake Minnetonka where a 75' structural setback must be met; and a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstrnction of the
existing home's first level including a higher ceiling, a gabled roof with living space and a
garage addition with living space above ahead of the average lakeshore setback; and a variance
to Orono Municipal Zoning Code Section 78-1288 to allow 25.47% hardcover within the 0-75'
setback zone where 0% is allowed and 24.64% currently exists; and to allow 32.5% hardcover
within the 75'-250' setback zone where 25% is normally allowed and 34.8% currently exists in
conjunction with additions to the existing home, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and annotated by
City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the level of 2,342 s.f. or 25.47%
Hardcover in the 75-250' zone shall be limited to 3,497 s.f. or 32.5% per the proposed
plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised
that any future requests to increase hardcover or change the nature of existing/approved
hardcover shall require City approval, and increases in hardcover will not likely be
approved without concurrent reduction in existing hardcover.
3. ADDITIONAL SURVEYS REQUIRED:
a. A foundation survey is required to be submitted prior to commencement of
framing; and
b. An As-Built grading plan verifying compliance with the building permit,
stormwater management, grading and drainage plans shall be submitted prior to
the issuance of a Certificate of Occupancy for the residence. The As-Built survey
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. --5 -++8-++6--'dQ'---
will also reflect the accurate configuration deck as constructed around the existing
20" maple tree.
4. The building plans submitted for building permit will be reviewed to ensure compliance
with the City's building height and number of stories regulations.
5. The sidewalks and patios shall be converted to pavers to improve permeability per the
submitted plans.
6. Due to the close proximity to the lake, the home shall make use of a color palette that
blends into the surroundings so as to reduce its visual impact as viewed from the lake.
7. Should further investigation into the quality of the foundation reveai a need for
significant repairs the City Council shall review and either approve of the repairs in order
for the project to continue or require modifications to the variances as granted.
8. Applicants shall remove all plastic or fabric liner material from the decorative landscape
beds on the property to ensure their permeability as non-hardcover surfaces.
9. Required removals of structure and hardcover to be removed shall be completed prior to
the footing inspection for the addition.
10. Authorities granted by this resolution run with the property not with the applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire
on that date (August 24, 2010).
11. 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.
12. The undersigned applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain .of title of the
property.
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITYQCOUNCIL
NO. 5 8 6
Adopted by the Orono City Council on the 24th day of August 2009.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
es M. White, Mayor
This instrument was acknowledged before me this I !. f'~ay of":£ v1ar:n CT/\2009 by
Stephan Moseley, husband of Susan Moseley.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this !~~ay of ~,:3turJ~/,)2009 by
Susan Moseley, wife of Stephan Moseley.
RACHEL DODGE
NOTARY PUBLIC -MIN
My Commission E . NESOTA
=--xp1res Jan. 31, 2010
Notary Public
Page 5 of 5
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LEGAL DESCRIPTION OF PREMISES :
Tract 8, Registered land Survey No. 565, files of
Registrar of Titles, Hennepin County. Minnesota.
denotes iron marker
(908.J) ; denotes existing spot elevation. mean sea level doturn
@IQ]] : d2notes proposed spot elevation, mean sea level daturn
--917--: denotes e,<isting contour line, mean sea level datum
---@§1}--: denotes proposed contour line, mean sea !eve! datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the
iocation of on e;;:isting house. all visible "hardcover", trees, topograohy,
and the proposed location of several proposed additions thereon. It does
net purport to show any other improvements or encroachments.
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The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 24, 2009, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10 th day of September , 2009.
..,/
(g~d~ x/ ~-
City Clerk
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EXISTING HARDCOVER IN ZONE Exhibit E
A. House t, z.o !:)(\$ TING,i-
X = S.F .• lr+OVS'I=
Length Width £..~r.r -18 X = S.F. C~€.?I r J:'.?I<.
X = s F z ,~,::-'7Ve"tfl-/,f.vC:
.. (~'v.; 8' ')
8. Garage X -S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk 164-51"0Ne WAL.Ii
X = S.F."" AND S't5P$
X -. \ '1. S.F. '~TEiPll-iGi SfONt
E. Patio/Deck X = 4-SO S.F.-~"f0t--lf'. Pt1f\O
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining bB $.'fONI;
X = S.F.-R€T"AIN 11-1e;,
Walls W4t.-l.~
H. Other X = s:F.
. ..--...,
TOTAL HARDCOVER IN ZONE 22b6' · S.F. A
TOTAL PROPERTY AREA IN ZONE 91 q5"" 2!19s: S.F. B
A l2G6 + B X 100 = 21.t-,. %
PROPOSED HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
8. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
WALll. TO
D. Sidewalk X = -55 S.F.-Ai34-NDONfQ S
X = S.F. ENJRANCE
Rt:MOVl:ZO
E. Patio/Deck \"2. 0 X 10. 0 = -1-r,5 S.F. -fl'KOP~€0
X = S.F. OfC.ll.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
.-------.. +10 SF -?t<Oi'OSE'..O G. Retaining X =
Walls .. Qf'i"AfNI~
Jl5t-J6...-55 -+76'
V-✓_At,.L,.
H. Other X -S.F. 'NET GA.ft--/ =
TOTAL HARDCOVER IN ZONE 2..2661-Jb Z:J4Z. S.F. A
TOTAL PROPERTY AREA IN ZONE '9 I :1 ~-S.F. 8
A 2~4'2. .. Q C\ICJ'i V1M -::::: 2-5,17 tJI.
C-17-09 ~AC.i (5
7-t J'-o'I A/17 "-IJiVC ~
HARDCOVER CAL~ION WORKSHEET g>,L. S., No, S-6 1
(CIRCLE ONE) 0-75' ~ 250-500' · 500-1000' SETBACK ZONE:
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
A 3147 + B {0,76O
PROPOSED HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk.
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
I.Q
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
)1Lq7
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
b,$3
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=
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=
l\-$2.. E)<l~'T tN~ ______ S.F.-~OV5£
______ S.F.
______ S.F.
______ S.F.
3 SLA<::1( iO {> _......,""""0'---7 ...... S __ S.F. -Oitiv€.wAy ______ S.F.
STONE WAL.Ii ____ l-=--63"---__ S.F.-ANO $"r€P5 ______ S.F.
______ S.F.
_____ ....,S.F.
______ S.F.
______ S.F.
______ S.F.
______ S:F.
314]· S.F. A
10,76D S.F. B
X 100 = )4, $ k %
=
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=
+ 7 /ffl PRoP05ED ---~....__. __ S.F. -ADOITfOH
S.F. -+-,----,-4:...,,.8--S.F. -? ROPD.SE:" 0
R:?i2C!-/-______ S.F.
\llo DR1vfLVAY
--------·-~:~:-R'£,At0V!:0
+4S-S.F. _ PROPOSE'D \/V'l--l
====+:4-:===== S.F. -\/,/All( Aocro
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
Pi<OPOSfO ,,---_f-_1_9 __ S.F. -{<€,TAJ Hf HL
Vi/AU..
_-_1._~_o __ s.F. -NET LOS5
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_1,...0...,.1 ...,.7 t.....,O==-----S. F. B
J'2,5D 01,1
Mattson
Macdonald
Young
structural
engineers
Bassett Creek Business Center
901 North 3rd Street, #100
Minneapolis , MN 55401
612-827-7825 voice
612-827-0805 fax
Council
Exhibit F
Date: March 10 , 2011
Brickhouse Architects
818 w. 46 th St. #204
Minneapolis , MN 55419
Denny Claridge
To:
Attn:
From:
Project:
Proj. No:
Subject:
Eric Bunkers
Kozlak Residence
1635 Bohns Pt. Rd.
Orono, MN 55391
11101
Proposed Remodeling & Addition
Dear Denny:
As requested , we met you at the above referenced project to visually review the existing structure for a
proposed addition and remodel. We have analyzed existing structural members using a roof and floor dead
load of 15 psf , a roof snow load 35 psf, and a 40 psf floor live load in accordance with the Minnesota State
Building Code. Our work only includes analyzing the existing members as shown at the above reference
project and is based on drawings provided by you and our site visit on March 10, 2011.
It is our understanding the existing 2 story structure was built in the 1940's and was added onto several
times . The existing structure is constructed using wood beams, round steel columns , wood stud bearing
walls, and 8" and 12" load bearing masonry foundation walls. The existing footings have been analyzed as
typical 16" wide x 8" deep spread footings based on a presumptive load-bearing value of 2000 psf in
accordance with Table R401.4 .1 of the IRC. The existing footings have been assumed to be typical spread
footings on good soils that appear to be performing adequately with the current loads.
After reviewing the proposed drawings for the remodel and addition , we recommend having the existing
foundation walls and footings removed to support new loads at the remodeled structure for the following
reasons:
1. The calculated footing loads on the existing footings are above the typical presumptive load-bearing
value of 2000 psf in Table R401.4.1 of the IRC .
2. Many existing interior 4" masonry load bearing walls will be overstressed with additional loads from
the remodel.
3. Cantilevered 12" exterior masonry foundation walls that retain soil are unreinforced and have
inadequate footing sizes to support cantilevered soil pressures.
4. Intersecting masonry foundation walls are not toothed together , many have large gaps at the addition
locations.
5. The existing older masonry walls do not typically meet the compressive strength shown in IBC Table
2105 .2.2 .1.2 , which is often needed for supporting high point loads .
6. Existing foundation water proofing is likely inadequate.
7. Bringing the proposed lower floor elevation up requires the existing basement slab to be removed ,
thus the potential for damaging the existing hollow masonry foundation walls is very high .
Compacting soil on top of an existing concrete slab is typically not recommended by soils engineers .
Kozlak Residence
3-10-1 i
8. There are existing exterior masonry wall cracks that have been patched over the years where the
additions meet each other.
9. It is likely the back walkout foundation depth is shallow and has experienced some frost heave as
evident with cracks in the masonry walls and adjacent concrete sidewalk.
The risks have been allocated so that Mattson Macdonald Young lnc.'s total liability to the Client shall not
exceed the total amount of twenty five times Mattson Macdonald Young's received payment or one million
dollars whichever is less. If you have any questions or concerns, please feel free to contact us.
Sincerely,
Mattson Macdonald Young, Inc.
Eric M. Bunkers, P.E.
MN Reg. Num. 26490
filename Page -2
I hereby certify that this plan, specification, or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional Engineer
under the laws of the state of Minnesota.
C-~<""'"'
Eric M. Bunkers
Date: March 10. 2011 Reg. No. 26490
ST□RI~®
Materials Technology
May 2, 2011
Mr. David Erotas
Erotas Building Corporation
21930 Minnetonka Blvd.
Excelsior, MN 55331
david@erotasbuild ingcorp. com
RE: Geotechnical Exploration
Stork Twin City Testing Corporation
Material Testing • Non-Destructive Testing
Product Evaluation • Construction Materials
662 Cromwell Avenue
St. Paul, MN 55114
USA
Telephone : (651) 645-3601
Telefax : (651) 659-7348
Website : www.storktct.com
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
1.0 INTRODUCTION
This report concerns our recent geotechnical exploration program at the site of the
proposed new residence located at 1635 Bohns Point Road in Orono, Minnesota. We
understand a geotechnical exploration program was required to depict the subsurface
conditions in the area of the proposed new residence and provide pertinent
recommendations for site preparation and foundation design for the proposed
construction.
1.1 Scope of Work
We recently performed a geotechnical exploration program in general accordance with
our proposal dated March 18, 2011 and your subsequent authorization to proceed. The
scope of our work for the project was as follows:
1. Arrange to have buried public utilities marked through the Gopher-State-One-
Call system. Due to Gopher-State-One-Call not marking all site utilities a
private locator was hired to locate remaining utilities. This service was
performed by Private Underground.
2. Explore the subsurface conditions by drilling one (1) standard penetration test
soil borings in the proposed new residence location to unit depth of 26'.
3. Visually classify the extracted soil samples.
lnfonnation and statements il'I lhfs report are derived from material, information and/or specifications rumfshed by lhe client and exclude any expressed or implied warranti~s as lo the fitness of the material tesled
or analyzed for any particular pUipose or use.. This certificc1te or rnport is the confidential proper1y of our client and may not be used for advertising purposes. This certificate or report shall not be reproduced
except ln full, wilhoul written approval of 1his laboratoi:y and shall be signed or olhetwise approved by authorized s1aff member.. only. The recording of false, fictitious or fraudulent statements or entries on this.
document may be punished as a felcmy under Federal statues inciudlng Federal Law Tille 1 a, Chapter 47. This: document contains technical data whose export and re-export/re-transfer is subject to control by
the U.S. Department of Commerce tJnder thl:!: Export Administration Act and tbe Export Administration Regulations. The department of Commerce·s prior written approval is required for the export or re-export/re.
ltansfer or such technical information to any foreign person, foreign enlily or foreign organiza1ion whether in the United States or abroad. EAR~CONTROLLEO DATA.
Storl< Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, which is a member of the Stork group
ST□Rl~,f" Stork Twin City Testing Corporation
Materlals Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 2 of 11
4. Prepare a geotechnical report which includes the following information:
a. Logs of the soil test borings showing the soil and groundwater data.
b. A site plan showing the approximate boring locations.
c. Written description of encountered soil and groundwater conditions.
d. Recommendations for site preparation, allowable bearing capacity and
other geotechnical considerations.
The scope of our work is intended for geotechnical purposes only. This scope.is not
intended to explore for the presence or extent of environmental contamination at the
site.
2.0 FIELD TESTING PROGRAM
2.1 Soil Borings
A total of one (1) soil test boring was drilled on the site on April 18, 2011. The
approximate boring location is shown on the attached site plan. The planned location of
the test boring was determined by Erotas Building Corporation to provide a general
overview of the subsurface conditions. Our drill crew elevated the boring using a
temporary benchmark established using the existing residence garage slab. This
elevation was assumed to be 100. O'.
The standard penetration boring was performed with an All-Terrain-Vehicle (ATV)
mounted rotary drill rig using split-barrel sampling procedures. Water level observations
were made in the borehole prior to advancing the borehole with drilling mud. During the
field operations, the drill crew maintained a log of the subsurface conditions including
changes in stratigraphy and the observed groundwater levels. The boring log is
attached.
lnfonnaHon and statements In this report ate derived frorn rnatertal, lnformatlon aridfor specmcaUons rumished by the clle-nt and exclude any expressed or implied warranties as Lo the fitness of lhe material tested
or analyzed for any particular purpose or use. This certi(rcate or report is the confidential proper1y of our client and may not be used for advertising purposes. This certificate or report shall not be reproduced
except in full, without written approval of this laboratory and shall be signed or otherwise approved by authorized staff members only. The recording of f&lse. fictitious or fraudulent statements or entries on this
document may be punished as a felony under Federal Stalues inclt1dfng Federal Law Title 16, Chapter 47. This document contains technical da.ta whose export and re-export/re-transfer is subject to conlrol by
lhe U.S. Department cf Commerce under the Export Administration Act and the Export Administration Regu!.Eltions. The department of Commerce's prior written approval is required for the export or re-export/re•
lransfer or such technical information 10 any foreign person, foreign entity or foreign organization whether in the United states ar abroad. EAR-CONTROLLED DATA.
STOAl~'I'' Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 3 of 11
After completion of the drilling operations, the borehole was backfilled with auger
cuttings, bentonite chips, grouted to the existing surface, and topped with bituminous
cold patch.
Sampling and classification of soils were performed in general accordance with
American Standards for Testing and Materials (ASTM) procedures, and are described
on an attached sheet.
2.2 Surface Conditions
The site is generally flat and slopes down slightly to Lake Minnetonka. An existing
single family home is present on the lot, and is surrounded by landscaping. A long
bituminous driveway leads to the home from Sohns Point Road. Several large trees
and bushes were also observed on the property. The surface elevation of the soil
boring was approximately 99.9' in regards to our temporary benchmark.
2.3 Subsurface Conditions
The subsurface conditions encountered at the test boring location are shown on the test
boring log. The boring log also indicates the possible geologic origin of the materials
encountered. We wish to point out that the subsurface conditions at other times and
locations on the site may differ from those found at our test location. If different
conditions are encountered during construction, it is necessary that you contact us so
that our recommendations can be reviewed.
The boring indicated a generalized soil profile consisting of fill at the surface underlain
by glacial till and coarse alluvium.
Fill was encountered at the surface of the boring. The fill was comprised of 2½" of
bituminous pavement at the surface underlain by 3" of crushed limestone aggregate
base, then clayey sand with various amounts of gravel. Geotextile fabric was
Information and statements in this report are derived from malerial, information and/or specifications fumished by lhe client and exclude any expressed or implied warranties as to -the fitness of tha material tested
or an.:tlyzed for any particular purpose or use. This certificate or reporl is lhe confidentlal property of our clienl and may not be used for adverlising purposes. This certificate or report shall not be reproduced
except in full, without wriiien approval or this labora1ory and shall be signed or otheiwlse approved by authorized staff members only. The roc:-ordlng of fatse, Rctltlous or fraudulent slatemenfs or entries on this
document may be punished as a felony under ~ederal Statues including Federal Law Tltle 18, Chapter ◄1. This document contains technical data whose export. and re-ex-porVre-transfer ts subject to control by
1he U.S. Department of Commerce under lhe Export Administration Act and lha Export Administration Regulations. The department of Commerce's prior written approval is required for the export or re.exportJre-
transfer of sut:.h technical information to any foreign person, foreign entfty or foreign organization whether in the United states or abroad. EAR-CONTROLLED DAT A.
STOAI~,,; Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Sohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 4 of 11
encountered at the bottom of the fill layer at a depth of approximately 3.7' below the
surface of our boring. The existing fill was loose based on the penetration values (N-
values) obtained during drilling.
Glacial till was encountered beneath the fill layer. The till was comprised of lean clay
(CL) with a trace of gravel. The till soils were in a firm to hard condition based on the
penetration values (N-value).
Coarse alluvium was encountered at the termination depth of the soil boring. The
alluvium was comprised of sand (SP) with a little gravel. The sand was generally in a
medium dense condition based on the penetration values (N-values).
2.4 Water Level Conditions
Water level observations were made during drilling operations prior to advancing the
drilling equipment with drilling fluid. Groundwater was encountered in the boring at the
time of drilling at a depth of 1.5' below the surface.
In general, water levels may fluctuate throughout the year depending on variations in
the amount of precipitation, degree of evaporation, surface run-off characteristics and
other related hydrogeological factors.
3.0 LABORATORY REVIEW
The soil samples obtained during the drilling operations were logged, labeled, sealed
and delivered to our laboratory for further review. The soil samples were classified in
general conformance with ASTM Standards by a Twin City Testing geotechnical
engineer.
lnfom1ation and statements in this report are deflved from material, information and/or specifications fumlshed by Lhe client and exctude any expressed or lmpUed warranties as lo the fitness of 1he material tested
or analyzed for any particolar purpose or use. Th:ls certificate or report is tile confidential property or our cileot and may not be used for advertising purposes. This certificate or report shall not be reproduced
except In full, without written approval of this laboratory and shall be signed or otherwise approved tiy aulhorfz:ed staff members 011ly. The recording of fatse, fictitious or fraudulent statements or entries on this
document may bo punished as a felony under federal Slatues Including Federal Law Title 16, Chapter 47. lhis document contains technlcal data whose export and re-export/re-transfer is subject to control by
the U.S. Department of commerce under the e:pon AdminlslraUon Act and the Export Admlnlstration Regulations. The department of Commerce's prior written apptov<1I is required for the ~port or re~exportfre-
transfer of such teehnlcal informalion lo any foreign person, foreign entity or foreign organization wtlether in !he United States or abroad. EAR-CONTROLLED DATA.
ST□ R 1.-tf•) Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Sohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
4.0 ENGINEERING REVIEW
Page 5 of 11
Based on the information obtained from our geotechnical work and our understanding
or assumptions of the project data, we made our engineering review and
recommendations which are presented in the following sections. If any of our
understanding or assumptions are not correct, or if conditions observed during
construction are significantly different than those encountered in our geotechnical work,
we should be contacted immediately so we may review our recommendations ..
4.1 Proiect Data
We understand that the proposed construction will consist of demolishing the existing
house and building a new luxury home with garage on the same property. The luxury
home will not include a basement, and may have a slightly larger footprint than the
existing home. We were informed that the design team may raise site grades
approximately 2 feet. It is our understanding that the new luxury home construction will
have a poured concrete foundation supporting a wood framed structure with portions of
the structure being comprised of stone and brick. Pre-cast concrete may also be used
for portions of the structure.
The existing home has cracks in the masonry foundation walls that are visible on the
outside of the structure. These types of cracks often indicate differential settlement of
the structure. In our opinion, this is due to the underlying cohesive soils coupled with
the high water table. During periods of freezing and thawing, cohesive soils have the
tendency to heave, thus causing distress to the overlying structure.
4.2 Discussion
The soil boring encountered cohesive soils to a depth of 18½'. In our opinion, the soil
as depicted by the boring, combined with the high water table, is not suitable to support
standard shallow frost depth foundations for the proposed construction. Therefore, it is
lnfonnatlon and slatements in this report &re derived from material, Information am:1/orspecificafians furnished by lhe client and exclude <my expressM or imp!Ied warranties as lo Lhe fitness or lhe material tested
or analyzed for any particuh:tr ptirpose or use. This certificate or repor1 TS the confidential property of our client and may not be used for advertising purposes. This certirfcate or report shall not be reproduced
excepl in run, without written approval or this laboratory and shaU be signed or otherwise apptoved by authorized staff members only. The recording of !alse, nclilious or fraudulent slatements or entries on this
document may be punished as a felony under Federal Statues including Federal Law Tille 18, Chapter 47. Thls document contains technical data whose export and re•export/re•transfer is stJbject to control by
the U.S. Department cl Commerce Ulldet lhe Export Administralion Act and th!!-Export Admlnislralion Regulations. The department of Commerce's prior wrtl1en approval is required for the export or re-export/re--
transfer of such technical infoITT1alion to any foreign peraon, foreign entity or foreign organlzatton whether In the Unlled States or abroad. EAR•CONTROLLEO OATA.
ST □ A 1""'1@ Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Sohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 6 of 11
our opinion that a limited soil correction to replace the upper frost susceptible soils
would be necessary. Dewatering will be necessary to perform the soil correction. The
earthwork and dewatering should be performed by an experienced contractor with a
proven record for performing this type of work.
Site preparation should consist of removing the existing construction and vegetation.
After the implementation of a dewatering plan, we recommend a subcut of 5' below the
existing grade to remove the existing fill and underlying lean clay be performed for the
entire house building pad. The excavation base exposed at the final subcut grade
should be subject to surface densification. We caution that surface densification
performed close to the water level may pump up the water and disturb the natural clay
soil. Dewatering of the excavation should be performed to lower the water level below
the excavation base elevation to allow for surface densification.
We recommend that the excavation at the footing locations be laterally oversized at
least one foot for each foot (i.e., 1 :1 lateral oversizing) it extends below the bottom of
foundation. This lateral oversizing is necessary to properly distribute the foundation
loads through the fill placed to attain design footing grades. A drawing showing the
recommended oversizing is included in the Appendix.
The soils at the 5' subcut elevation should be evaluated by the project geotechnical
engineer or their representative to verify density and bearing capacity. These services
should be performed prior to placement of engineered fill to design grades.
After the excavation base soil has been observed and tested, engineered fill may be
placed in the excavation to attain the desired final grades. We recommend that the
engineered fill soil be comprised of clean sand (SP) with less than 5% passing the #200
sieve and preferably less than 50% passing the #40 sieve. We recommend that the fill
be compacted to 98% of the Standard Proctor dry density (ASTM: D 698).
lnfcnn"'iion and statuments ln thls rep0rt are derived from material, information and/or specificauons fUrnished by the client and exciude any expressed or implied warranties as lo the fitness of the material tested
or analyzed for any partk:ular purpose or use. This certificate or report is the confldentlal property of our client and may not be used for advertising purposes. This ceruricale or report shall not be reproduced
e,cc:ept In full, without written approval of thls laboralory and shalt be signed or otherwfse approved by authorized staff members only. The recording of false, ficti1ious or fraudulent statements or entries on lhls
document may be punished as a felony under Federal Statues Including Federal Law Title 18, Chapter 47. This dacumenl contains teotmical data whose export and rewexport/rewtransfer is subject lo control by
the U.S. Department of Commerce under me Export Admlnlstrat!cn Act and the Export Administration Regt.dalions. The department of Commerce's prior wtilten approval is r~quired far the export or re.expo ft/re~
ttansfer of such technical information to any foreign person, foreign entity or rorelgn organizalion whether in the Uniled States or abroad. EAR-CONTROLLED DATA.
STOA!~(') Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 7 of 11
We recommend delaying actual footing construction for approximately three weeks after
earthwork is completed. This delay is recommended to allow the fill placed to raise the
site grades to allow the fill to stabilize due to water wicking up within the embankment.
The actual duration of the footing construction delay should be evaluated at the time of
construction by the geotechnical engineer.
Upon completion of the site preparation as outlined above, the foundation should bear
at frost protection depth, on the engineered fill. We recommend that the foundations be
designed for a maximum net allowable soil bearing pressure of up to 2000 pounds per
square foot.
A factor of safety of at least 3.0 against foundation shear failure was considered in the
above-recommended design bearing pressure. Based on the above recommendations,
we estimate total and differential settlement should not exceed about 1 inch and ½ inch,
respectively.
All perimeter foundations in heated building space should be placed at a minimum
depth of 42 inches below exterior grades for frost protection. Interior footings may be
placed at any convenient depth below the floor slab. In unheated areas where deeper
frost penetration may occur, we recommend that the foundations have a minimum soil
cover of 60 inches for frost protection.
4.3 Floor Slab Recommendations
All backfill placed underneath slab areas, including within utility runs, should be
compacted to at least 98% of the Standard Proctor. We recommend the upper six
inches of the subgrade immediately below the floor consist of pea-gravel or clean
washed sand fill. The pea gravel or clean washed sand fill will help reduce capillary
moisture transmission to the slab. The engineered fill recommended in Section 4.2
should be suitable material for this use.
lnfonnatron and statements in this report are dertved from material, infonnation and/or specfficauons furnished by the client and exclude any expressed or implied warranties as 10 the mness of tile materfal tested
or analyzed for any-particular purpose or use. This certificate or report is the confidenlial property of our client and may not be used for advertising purposes. Tills certificate or report shall not be reproduc.er:I
except In full, with.Out written approval of this laboratoiy and shall be signed or otherwise approved by authorized staff members only. The recording or false, ficlllious or fraudulent statements or entries on this
document may be punished as a felony under Federal staLUes including Federal Law Title 18, Cha pier 47. This document conlains technical dala whose export and re-exporVre-transfer is subject to control by
the U.S. Department of Commerce under the Exp0rt Admlnlsttation Act and Ure O:port Adrninisltallon Regulations. ihe department of Commerce's prior written approval is required for the export or re-export/re--
transfer of such technical informl:ltian to any foroign person, foreign enHty or foreign organization whether in the United states or abroad. EAR·CONTROLLEO DATA.
STOAI~"') Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 8 of 11
In our opinion the final lowest floor slab elevation should be a minimum of 4' above the
highest recorded water level elevation at the site. We recommend that a vapor barrier
be placed beneath the floor slab. The vapor barrier edges should be taped with the
barrier at the perimeter walls to run vertically up the walls prior to slab placement. This
vapor barrier is recommended to minimize water vapor migration through the floor slab
concrete. Water vapor can adversely affect floor coverings proposed for the residence.
We recommend an interior and exterior drain tile system be installed to pick up
groundwater moisture from beneath the slab. The drain tile system should be installed
below floor grade on the outside and inside of the foundation wall and should be
surrounded by at least six inches of washed, coarse aggregate material which is
enveloped in a geotextile fabric. We also recommend some lateral runs of draintile be
installed in general floor slab areas. The drain tile should be connected to a suitable
outfall or sump where water can be discharged from the system. We are including a
typical exterior drain tile system sketch attached to this report. The foundation walls
should also include a water-proofing system to prevent water infiltration into the slab-on-
grade subgrade soil.
4.5 Underground Utilities
The soils encountered in the borings near the surface may require some reworking to
support typical buried utilities. If loose/soft soils are encountered in the bottom of utility
trenches, some subcutting or recompaction of the soils will be required. This may
include subcutting to allow for placement of geotextile fabric and 1' of compacted utility
bedding. Fill placed as utility bedding should be either crushed rock or clean, well-
graded granular soil. Due to the high water table as depicted by the soil boring,
dewatering will more than likely be required during utility construction to the new
structure.
Information and statements in this report are derived from maleriat, information and/or spcclflcanons rumished by the client and exclude any ex.pressed or implied warranties as to tile fitness of the material tested
or analyzed for any particular purpose or use. This certificate or report is the conlidenUa! property of our client and may not be used for advertising purpose:s. This certificate or report shall not be reproduced
except in full, wilhout wnlten approval of this taboralory and shall be signed or olhei-wlse approved by aulhorized staff members only. The recording of false. fictitious or rrau<tulent statements or entrtes on this
document may be punished as a felony under Federal Statues including Federal Law TILie 18, Chapter 47. This doc:ument conlalns technical da1a whose export and re-export/re-transfer is ~ubjecl lo control by
the U.S. Oepar1ment ot Commerce under lhe Export Administration Acl and the EXpOrt Administration Regulaticms. TI1e depanment of Commerce's prior writtt'!n approval Is required for lhe export or re.exportlre-
lransfer of such technical information to any foreign pere:on, foreign enUly or foreign organization whether in U,a UnUed states or abroad. EAR~CONTROLLED DATA.
ST□At~@ Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
Page 9 of 11
All backfill in underground utility trenches should be placed and compacted in thin lifts.
Utility trench backfill in paved areas should be compacted to 100% of the Standard
Proctor value in the upper three feet of subgrade and to a minimum of 95% below three
feet.
4.6 Foundation Walls
Backfill placed against the below-grade foundation walls will exert lateral loads against
these walls. The lateral loads could be minimized if free-draining granular soils are
used as backfill immediately against the walls. This would include sands classified as
SP or SP-SM, containing no more than 10% material passing the #200 sieve, and
preferably no more than 50% passing the #40 sieve. The granular backfill should
extend at least two feet laterally from the bottom of the foundation walls and extend
outward at a 30-degree angle to the surface. In areas that will support structures such
as sidewalks or slabs, the exterior fill should be compacted to 95% of Standard Proctor
density. Backfill under paved areas should be compacted to 100% of the Standard
Proctor in the upper three feet.
This report is being prepared assuming no below grade basement wall construction will
be performed where the walls will be designed to retain soil lateral earth pressures. For
foundation wall construction we recommend backfilling the interior and exterior walls
simultaneously to minimize lateral soil pressure on the walls. If basement walls will be
constructed for this project, we should be consulted for providing lateral earth pressure
design information.
fnformal.Ion and statements in this report ate derived from material, infonnation and/Of specifications furnished by the client and exclude any expressed or implied warranties as to the fitness of lhe malelia! te-.sted
or analyzed for any particular purpose or use. This certificate or report Is the confidential property of our Client and may not be used ror advertising purposes. This certificate or report shall not be repraduccd
except in 1ull, without written approval or Uiis laboratory and shall be signed or otherwise approved by authorized staff members only. The reooftling of false, ficffl:ious or fraudulent statements or entries on this
document may be punished as a felony under Pederal Statues inciudlng Fede rat Law Title 16, Chapter 47. This document contains technical i:lata whose export and re~exportlre-transfer is subject to c;ontrof by
the U.S. Department of Commerce under the Export Administration Act and the E:xport Administration Regulations. The depar1ment of Commerce's prior written approva'i is required for the ex part or re-ID;port/re-
transfer of sl.Klh technical informa:Hon to any foreign person, foreign entity or foreign organization whelher in the Uni1ed states or abtoad. EAR-CONTROLLED DATA
ST □Fli~@ Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
5.0 CONSTRUCTION CONSIDERATIONS
5.1 Excavation Safety
Page 10 of 11
All excavations should comply with applicable O.S.H.A. standards. Excavation safety is ·
the responsibility of the contractor.
5.2 Cold Weather Construction
Construction during cold weather should be exercised with care. We have included a
sheet entitled "Precautions for Excavating and Refilling During Cold Weather".
5.3 Field Observations and Testing
As variations in soil conditions may exist at locations and elevations other than those of
our boring, we recommend the geotechnical engineer be retained to observe the soil
conditions during site preparation. We also recommend observation during site
earthwork procedures. We recommend in-place field compaction tests be performed on
the compacted fill placed to design grades.
5.4 Soil Sensitivity
The clayey soils encountered within the soil boring are susceptible to disturbance from
construction traffic, especially in wet conditions. If the soils become disturbed,
additional excavation may be required. Therefore, proper excavation equipment should
be used to minimize the potential for disturbance.
lnformatton and statements L11 this repOlt are dertved from material, 1nronnation and/or specifications furnished by the cllent and excluda any e:xpressed or implied warranlies as lo the mness of the material tc:sled
or analyzed for any particular purpose or us-e, This certificate or report ls the confidential property of our client and may not be used for advertisfng purposes. Tl1ls certificate or report shall not be reproduced
ex<;ept in fufl, wilhout written .approval of this laboratory and shell be signed or oll'U~IWJse approved by authorized' staff membess only. The recoming of false, fictitious or fraudulent statements or entries on lhis
document may be punished as a felony under Federal Stalues including Federal Law T!Ue 1 a, Chapter 47, TbJs document contains technical data whose export and re-exportlre•transfer is subject to control by
tt,e U.S. Department or Commerce under the Bcport Administration Act and tho Export Administration Regufations. T11e department of Commerce's p!iorwritlen approval is required for the export or re~export/re•
transfer of such technical information lo any foreign person, foreign enthy or foreign organization whether in the United States or abroad. EAR-CONTROLLED DATA.
ST □RI~'") Stork Twin City Testing Corporation
Materials Technology
Proposed New Residence at 1635 Bohns Point Road
Orono, Minnesota
Stork Twin City Testing Corporation Project #TCT006405P
6.0 REMARKS
Page 11 of 11
The soil testing and geotechnical engineering services performed by Stork Twin City
Testing for this project have been conducted in a manner with the level of skill and care
ordinarily exercised by other members of the profession currently practicing in this area
under similar budgetary and time constraints. No warranty, express or implied, is made.
This report was: };
Prepared by: .,4~~
Steven J. Ruesink, P.E.
Senior Staff Engineer
MN Reg. No. 19431
Reviewed by: /(¼,~ 'C.-12-c'-,
Kevin Zalec, P.E.
Staff Engineer
Attachments: -Soil Boring Location Plan (1 page)
-Soil Boring Log #B1 (1 page)
MN Reg. No. 47909
-Symbols and Terminology on Test Boring Logs (1 page)
-Field Exploration Procedures (1 page)
-Prerequisites for Sound Engineering Practice (1 page)
-Typical Exterior Drain-tile System (1 page)
-Construction Observations and Testing (1 page)
-Cold Weather Precautions (1 page)
F:\BMC\2011 CME\GEO\TCT006405P Orono House\GEO REPORT Orono Residence.doc
lnformatTon and statements in this report are derived from material, information and/or specitica1ians furnished by the client and exclude any expressed or implied warranties as to tha fl1ness of the material tested
or analyzed for any particular purpose or use. This certfficat& ot report Is: the confidential property of our client and may not be used ror advertising purposes. This certificate or report shall not be reproduc.ed
except in full, without wn1ten approval of this laboratory and shall be signed or otherwise approved by authorized staff members only. The recording of fqfse, fictfUous or fraudulent statements or entries on this
document may be punished as a felony under Federal Statues Including Federal law Title 16. Chapler 47. This document conlalns technical dala whose e)Cport and fe--export/re•transrer is subject 1o control by
the U.S. Department of Commerce under lhe Export Administrauon Act and the export Admtnistralion Regulations. The department of commerc.,e's prior written approval is required for the export or re-e,-;po,t/ce-
transfer of such tee.Mica! information to any foreign person. foreigt1 entity or foreign oryanization whell1er in !he United Stales or abroad. EAR·CONTROLLED DAT A
Sdil Boring Location Plan
~ ~ ~ ~ -~
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DRA\./N BY: KSZ
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CHECKED BY: MAs I PR □JEcr N □.: rcroo6405P IS I CRM®Twin City Testing
STORI~®
Materials Technology Stork Twin City Testing Corporation
SYMBOLS AND TERMINOLOGY ON TEST BORING LOGS
SYMBOLS
Drilling and Sampling Laboratory Testing
Symbol Descrietion Symbol Descri11tion
HSA 3-1/4" I.D. hollow stem auger w Water content,% (ASTM:D2216)'*
FA 4". 6" or 1 O" diameter flight auger D Dry density, pcf
-HA 2", 4" ors• hand auger LL Liquid limit (ASTM:D4318)
-DC 2-1/2", 4", 5" or 6" steel drive casing PL Plastic limit {ASTM:D4318)
-RC Size A, B or N rotary casing
PD Pipe drill or cleanout tube ---Inserts in Last Column (Qu or RQD) ---
cs Continuous split barrel sampling
OM Drilling mud Qu Unconfined compressive strength, psf (ASTM:D2166)
JW Jetting water Pq Penetrometer reading, tsf (ASTM:D1558)
SB 2" O.D. split barrel sampling Ts Torvane reading, tsf
L 2-1/2" or 3-1/2" O.D. SB liner sample G Specific gravity (ASTM:D854)
-T 2" or 3" thin walled tube sample SL Shrinkage limits (ASTM:D427)
3TP 3" thin walled tube using pitcher sampler oc Organic content-Combustion method (ASTM:D2974)
TO 2" or 3" thin walled tube using Osterberg sampler SP Swell pressure, !sf (ASTM:D4546) w Wash sample PS Percent swell under pressure (ASTM:D4546)
B Bag sample FS Free swell, % (ASTM:D4546)
p Test pit sample ss Shrink swell, % (ASTM:D4546)
_Q BQ, NQ, or PQ wireline system pH Hydrogen ion content -Meter Method (ASTM:D4972) _x AX, BX, or NX double tube barrel SC Sulfate content, parts/million or mg/I
N Standard penetration test, blows per foot cc Chloride content, parts/million, or mg/I
CR Core recovery, percent c· One dimensional consolidation (ASTM:D2435)
WL Water level Qc* Triaxial compression (ASTM:D2850 and D4767)
~ Water level D.S.* Direct shear (ASTM:D3080)
NMR No measurement recorded, primarily due to the K* Coefficient of permeability, cm/sec (ASTM:D2434)
presence of drilling or coring fluid P* Pinhole test (ASTM:D4647)
DH* Double hydrometer (ASTM:D4221)
MA" Particle size analysis (ASTM:D422)
R Laboratory electrical resistivity, ohm-cm (ASTM:G57)
E* Pressuremeter deformation modulus, !sf (ASTM:D4719)
PM* Pressuremeter test (ASTM:D4719)
VS* Field vane shear (ASTM:D2573)
IR* lnfiltromeler test (ASTM:D3385)
RQD Rock quality designation, percent
* Results shown on attached data sheet or graph
*"' ASTM designates American Society for Testing and Materials
TERMINOLOGY
Particle Sizes Soil Laverin~ and Moisture
~ Size Range Term Visual Observation
Boulders > 12" Lamination Up to 1/4" thick stratum
Cobbles 3"-12" VaNed Alternating laminations of any combination of
Coarse gravel 3/4"-3" clay, silt, fine sand, or colors
Fine gravel #4 sieve -3/4" Lenses Small pockets of different soils in a soil mass
Coarse sand #4 -#1 O sieve Stratified Alternating layers of varying materials or colors
Medium sand #1 O -#40 sieve Layer 1/4" to 12" thick stratum
Fine sand #40 -#200 sieve Dry Powdery, no noticeable water
Silt 100% passing #200 sieve and > 0.005 mm Moist Damp, below saturation
Clay 100% passing #200 sieve and< 0.005 mm Waterbearing Pervious soil below water
Wet Saturated, above liquid flmit
Gravel Content Standard Penetration Resistance
Coarse-Grained Soils Fine-Grained Soils Cohesionless Soils Cohesive Soils
%Gravel Descrietion
2-15 A little gravel
16-49 With gravel
'
t.WIO Clt:Y t:est:inq =---n .
%Gravel Descrietion N-Value Relative Densin( N-Value Consistenci
<5 Trace of gravel 0-4 Very loose 0-4 Very soft
5-15 A little gravel 5-10 Loose 5-8 Soft
16-30 With gravel 11-30 Medium dense 9-15 Finn
31-49 Gravelly 31-50 Dense 16-30 Hard
> 50 Verv dense >30 Very hard
Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V.,
Amsterdam, The Netherlands, which is a member of the Stork group
ST□Rl.a,®
Materials Technology Stork Twin City Testing Corporation
FIELD EXPLORATION PROCEDURES
Soil Sampling
Soil sampling was performed in accordance with ASTM D 1586. Using this procedure,
a 2" O.D. split barrel sampler is driven into the soil by a 140 pound weight falling 30".
After an initial set of 6", the number of blows required to drive the sampler an additional
12" is known as the penetration resistance, or N value. The N value is an index of the
relative density of cohesionless soils and the consistency of cohesive soils. Thin wall
tube samples were obtained according to ASTM D 1587 where indicated by the
appropriate symbol on the boring logs. Rock core samples, if taken, were obtained by
rotary drilling in accordance with ASTM D 2113. Power auger borings, if performed,
were done in general accordance with ASTM D 1452.
Soil Classification
As the samples were obtained in the field, they were visually and manually classified by
the crew chief in accordance with ASTM D 2488. Representative portions of the
samples were then returned to the laboratory for further examination and for verification
of the field classification. Logs of the borings indicating the depth and identification of
the various strata, the N value, the laboratory test data, water level information and
pertinent information regarding the method of maintaining and advancing the drill holes
are attached. The descriptive terminology and symbols used on the boring logs are
also attached.
;s: Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V.,
T, ~_!Y test:inca Amsterdam, The Netherlands, which is a member of the Stork group
STORI..:;®
Materials Technology
Stork Twin City Testing Corporation
PREREQUISITES FOR SOUND ENGINEERING PRACTICE
In order to properly evaluate the foundation soils at a building site, it is imperative for
our firm to know exactly where the building will be placed, its size, and the elevation of
the foundation elements. Without this information, a judgment regarding the adequacy
of the preparatory foundation earthwork is not possible.
This project data is especially critical in situations when the excavation extends below
the footing grade and compacted fill is required to attain building elevations. In these
situations, the excavation would require lateral oversizing to provide suitable lateral
distribution of the footing loads.
Offset batter boards of the building lines stakes provide the best on-site verification of
the building location and size. It must be recognized that Twin City Testing does not
practice in the field of surveying. Therefore, we must rely on staking by others. If Twin
City Testing is required to perform the survey, we will retain a licensed surveyor and
invoice our client for the amount per our current fee schedule. Provision of the building
foundation plans is also important so that we may properly perform our engineering
judgments.
If the construction is redesigned or otherwise moved subsequent to our work, we should
be informed so our firm can assess if additional engineering observation is required or
suggest sound engineering alternatives. We cannot be responsible for any soil
foundation system if the structure has been relocated with respect to the excavation
subsequent to our observations.
GENERAL OVERSIZE REQUIREMENTS
Because of the lateral distribution of foundation pressures with depth, lateral oversizing
is required in an excavation where unsuitable soils extend below planned footing grade.
The lateral oversize scheme provides compacted fill materials beyond the exterior
footing limits where fill is required below footing elevation. The degree of lateral
oversizing is dependent upon the surrounding soil's ability to resist lateral movement.
Although we generally recommend the lateral oversize be at least 2' plus the depth of fill
below bottom of footing elevation, each project must be evaluated separately. For
example, in extremely compressible swamp or organic soils, the oversize should be
increased to 5' plus twice the depth of excavation below footing grade. Due to the
variations in the required oversize, an engineering judgment must be made to establish
the necessary extent of the oversizing. Diagrams illustrating typical oversizing
dimensions are included in this report.
ii= twincitY test1na Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V., T-. ......-:.,.. Amsterdam, The Netherlands, which is a member of the Stork group
ST□RI~®
Materials Technology
Stork Twin City Testing Corporation
EXCAVATION OVERSIZING
COMf'f.:flC:tff SOlt.s
NORMAL EXCAVATION
l--,.._ n---..
UINIMUI.I
EXCA\/A11011
LIMffS
SWAMP OR EXTREMELY SOFT SOIL EXCAVATION
COMPETENT sons
NOTTO SCALE
MINIMUM
EXCAVATION -uMrrs
Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V.,
Amsterdam, The Netherlands, which is a member of the Stork group
ST□RI~®
Materials Technology Stork Twin City Testing Corporation
CONSTRUCTION OBSERVATIONS AND TESTING
The recommendations made in this report have been made based on the subsurface
conditions found in the borings. It is possible that there are soil and water conditions on
site that were not represented by the borings. Consequently, on-site observation during
construction is considered integral to the successful implementation of the
recommendations. We believe that qualified field personnel need to be on site at the
times outlined below to observe the site conditions and effectiveness of the
construction.
We recommend that the completed excavation and prepared subgrade be observed
and tested by a soils engineer/technician prior to fill placement or construction of any
foundation elements. These observations would be necessary to judge if all unsuitable
materials have been removed from within the planned construction area and that an
appropriate degree of lateral oversize has been provided for in those areas where fill will
be placed below the bottom of foundation grade.
We recommend a representative number of field density tests be taken in all engineered
fill placed to aid in judging its suitability. We suggest that at least one density test be
performed for at least every 2500 square feet of engineered fill placed for every 2' of fill
depth. Additional tests should be taken where confined areas are compacted. Any
proposed fill material should be submitted to the laboratory for tests to check
compliance with our recommendations and project specifications.
;p t:win Cd:Y t:est:mc;i Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V.,
T, c_,,_.,n Amsterdam, The Netherlands, which is a member of the Stork group
ST□Rl.a,®
Materials Technology Stork Twin City Testing Corporation
PRECAUTIONS FOR EXCAVATING AND REFILLING DURING COLD WEATHER
The winter season in this area presents specific problems for foundation construction.
Soils that are allowed to freeze undergo a moisture volume expansion, resulting in loss of
density. These frost-expanded soils will consolidate upon thawing, causing settlement of
any structure supported on them. To prevent this settlement, frost should not be allowed
to penetrate into the soils below any proposed structure.
Ideally, winter excavation should be limited to areas small enough to be refilled to grade
higher than footing grade on the same day. Typically, these areas should be filled to floor
grade. Trenching back down to unfrozen soils for foundation construction can then be
performed just prior to footing placement. The excavated trenches should be protected
from freezing by means of insulating or heating during foundation construction. Backfilling
of the foundation trenches should be performed immediately after the below-grade
foundation construction is finished. In addition, any interior footings or footings designed
without frost protection should be extended below frost depth, unless adequate
precautions are taken to prevent frost intrusion until the building can be enclosed and
heated.
In many cases, final grade cannot be attained in one day's time, even though small areas
are worked. In the event final grade cannot be attained in one day's time, frost can be
expected to develop overnight. Leaving a layer of loose soil on top of the compacted
material overnight can minimize the depth of frost penetration. However, any frost that
forms in this loose layer, or snow that accumulates, should be completely removed from
the fill area prior to compaction and additional soil placement. Frozen soils or soils
containing frozen material or snow should never be used as fill material.
After the structure has been enclosed, all floor slab areas should be subjected to ample
periods of heating to allow thawing of the soil system. Alternatively, the frozen soil can be
completely removed and be replaced with an engineered fill. The floor slab areas should
be checked at random and representative locations for remnant areas of frost and density
tests should be performed to document fill compaction to slab placement.
Due to the potential problems associated with fill placement during cold weather, a full-
time, on-site soils technician should monitor any filling operations. Full-time monitoring
aids in detecting areas of frozen material, or potential problems with frozen material within
the fill, so the appropriate measures can be taken. The choice of fill material is particularly
important during cold weather, since clean granular fill material can be placed and
compacted more efficiently than silty and clayey soils. In addition, greater magnitudes of
heaving can be expected with freezing of the more frost susceptible silts and clays.
If more specific frost information or cold weather data concerning other construction
materials is required, please contact us.
ii= Stork Twin City Testing Corporation is an operating united of Stork Materials Technology B.V., T, ~.,. te&t:inq Amsterdam, The Netherlands, which is a member of the Stork group
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Hennepin County Property Map Print Page 1 o(:,~
Hennepin County Property Map -Tax Year: 2011
The data contained on this page Is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (sq ua re footage and acres) are approximates and may contain discrepancies. The information on th is page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not responsibl e for any misuse or misrepresentation of this Information or its derivatives.
H Selected Parcel Data
Parcel ID: 17-117-23-11-0006
Owner Name: N l KOZLAK & l A KOZLAK
Parcel Address: 1635 BOHNS POINT RD, ORONO, MN 55391
Property Type: RESIDENTIAL LAK
Homestead: HOMESTEAD
Area (sqft): 20630
Area (acres): 0.47
A-T-B: TORRENS
Market Total: $1,501,000.00
Tax Total: $17,674.40
http://gis.co .hennepin.mn. us/H CProperty Map/Locator .aspx
Date Printed: 6/22/2011 2:45:34 PM
Current Parcel Date: 6/7/2011
Sale Price: $1,300,000.00
Sale Date: 04/2010
Sale Code: WARRANTY DEED
6/22/2011
r---;-
SCANNED
/fr,35" ,6-<)hrJ!.5 /-t)/~ K_Oac?
I
Doc No T4693234
Certified, filed and/or recorded on
10/6/09 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 33 Pkg ID 574855
Doc Name: Declaration
Document Recording Fee
Document Total
Existing Certs
815043
..
$46.00
$46.00
New Certs
This cover sheet is now a permanent part of the recorded document.
.)
·!'t-Jfr c:.~3-il-ODO<o (reserved for recording)
DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is
made this Jd__ day of ~~-, •7,,,tJO i by the undersigned parties, representing
all of the,,owners in fee of the la hereinafter described, lying in Hennepin County, Minnesota . .....,_.., ...
described on the attached Exhibit A; and /
/ v. ,. , .. WHEREAS, ~bi 25/2:phEJJ )1/cJiU~he fee owners of real property legally
'.·': WHEREAS, property owners have applied to City of Orono for a Variance to
construct additions to the existing home; and
WHEREAS, the undersigned parties desire to impose upon and subject said land to
certain covenants, conditions, restrictions and reservations for the benefit of preserving
significant trees upon said land and its present and future owners;
WHEREAS, the significant trees are legally identified and described on the attached
Exhibit B; and
NOW, THEREFORE, the undersigned parties hereby declare, impose upon, create and
establish the following covenants, conditions and restrictions upon the property:
140097
1. . PROIDBITION ON USES. ,
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, clothes line poles, and
playground equipment within the dripline of a tree, that has the potential
to damage the significant trees.
B. Cutting or removing significant trees. Removing dead trees, trimming
trees to maintain health, removing diseased trees, and removing selected
'''
trees approved by the City when required to allow sunlight to penetrate a
limited areas on the property, may be undertaken.
C. Excavation or filling when these activities may contribute to damage or
loss of protected trees.
2. RUN WITH THE LAND. The covenants and restrictions set forth in this
Declaration shall run with the land, shall be recorded with Hennepin County against the title to
the land, and shall be binding upon and inure to the benefit of the City and the Declarants named
herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter
who shall become the owner of the land.
IN WITNESS WHEREOF, as of the day and year first hereinabove written, the
Declarants have executed this Declaration.
CITY OF ORONO
By: --·~..--'--___,__j//A___ .. ""--w_· /;;(L __ -. _· -· __ _
es M. White, Mayor
~-{}-c::) . ~ By:
William Wells, City Administrator
140097 2
STA TE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this)]-!!-day of ,·1t,,, ly ,
)fJO&/ , by James M. White and by William Wells, respectively the Mayor and City Administrator
of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2010
STA TE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
Ncitary Public
The foregoing instrument was acknowledged before me this 2. 9' day of J u. L 'j
2.001,by S+eph~ a-nd Su.s~ /vlosel~ ,husbandandwife.
BARBARA G. SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2013
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON, P.A.
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
SMM
140097
{m,t,eud8~
Notary Public
3
EXHIBITA
Tract B, _Registered Land Survey No. 565, files of
Registrar of Titles, Hennepin County, Minnesota.
140097 4
,.---------------------------------------------------------------,
ii
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(tJUlVcu5.aJ
CERTIFICATE OF SURVEY FOR
STEPHEN P. MOSELEY
--
OF TRACT B, R.L.S. NO. 565
HENNEPIN COUNTY, MINNESOTA
4-
40 20 0 20 40
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S C A L E IN F E E T
LAKE
MINNETONKA
CRYSTAL BAY
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LEGAL DESCRIPTION OF PREMISES :
Tract B, Registered Land Survey No. 565, files of
Registrar of Titles, Hennepin County, Minnesota.
o denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
IIfil]] : denotes proposed spot elevotiqn, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
~: denotes proposed contour line, mean sea leve! datum
Bearings shown ore based upon an assumed datum.
This survey shows the boundaries of the above described property, the
location of on existing house, oil visible "hardcover", trees, topography,
and the proposed location of several proposed additions thereon. It does
not purport to show any other improvements or encroachments.
GRONBERG & ASSOCIATES INC II hmby mhfy thot (h" '""°Y wo, p,opo,od by me
7-2!!-09 T REVISED GARAGE, MOVE PROPOSEO DECK f • ~;g~~~~d mJ;,,t;;;1n!tre~~~t~n~niu~~:~r °:d~r d~~~
CRAWN-. 2 I 8-10-09 I ADDITION.Al GRADES S!;OWN ON RETAINING WJ.ll. SILT FENCE ~ODED $CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS lows of the State of Minnesota
I I I
~ 1 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356
I I I 952-473-4141
• I Mork S Gronber1 M1nne:,oto License. Number 12755
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lfilJ"
'"" &-e-09
JOSNO.
09-138
09-138
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3
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~
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
W ite asked if he would like to see striping down the sides, down the middle, or
W lverton indicated he
ite directed the C' E gineer to look at the ituatio and to contact
re ew.
zo
*3.
UTION · 0. 5857, a esoluti. n Granting
0, 78-1 79, and 78-14 , for he property
0.
4. #09-3417 STEPHEN AND SUSAN MOSELEY, 1635 BOHNS POINT ROAD -
VARIANCES
Sue Moseley, Applicant, and Ben Hillston, Architect, were present.
Council
Exhibit I
Curtis stated the applicants are requesting average lakeshore setback and lakeshore setback variance to
construct additions and add a half-story to the existing house. The request also includes hardcover
variances to allow 26.36 percent in the 0-75 percent zone where 25.44 percent exists and no hardcover is
allowed and to relocate and change the nature of nonconforming hardcover in the 75-250 foot zone where
34.82 percent exists, 32.50 percent is proposed, and 25 percent is the maximum allowed.
The Planning Commission at its July meeting voted 4-3 to approve the proposal in accordance with the
staff recommendation. The Planning Commission requested the plans be revised to show the proposed
deck relocated to the south side of the house off of the kitchen, the patio and sidewalks should be
converted to pavers for improved permeability, the garage stall should be moved streetward four feet, and
the retaining wall shortened accordingly. Additionally, the significant trees on the property should be
protected by a covenant.
Staff recommends approval of the variances consistent with the Planning Commission recommendation
and revised plans.
Moseley stated their architect attempted to design plans that would comply with the City's rules and
regulations as much as possible and they then met with Staff to ensure that their plans were in compliance
wherever possible. One of their goals is to preserve as many of the trees as possible. Moseley stated their
project improves the existing residence and neighborhood and betters fits in with the character of the
neighborhood. The neighbors are in support of the project.
White asked what changes have been made to the plans since the Planning Commission meeting.
Curtis stated the garage has been moved forward four feet, which has resulted in the shortening of the
retaining wall and reducing the hardcover slightly. Another change is the elimination of the deck off of
PAGE2
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
the great room and moving it to the other side of the house. In addition, the applicant has agreed to
change the existing patio to permeable pavers but the driveway would remain as is based on the
recommendation of the City Engineer.
Moseley noted the hardcover on the lot overall has decreased.
McMillan asked whether there are any contingencies planned in the event there are major issues found
with the foundation.
Curtis stated it would depend on what the degree of repair would be.
Bremer commented that typically a minor repair is not something that the Council would need to see but
that any significant repairs would need to come back before the City Council.
Moseley stated they are relying on their engineer's opinion as it relates to the foundation.
Bremer asked whether the Council would be able to review the revised plans prior to approving the
resolution.
Curtis indicated Staff did receive the revised plans today but that the City Engineer has not yet had an
opportunity to review the plans.
Kellogg stated one of the main issues with the property is proper drainage and drainage to the north.
Moseley commented their current roof is a butterfly roof and by changing it to a peak roof, that would
actually help the drainage flow the other way.
Murphy noted on Exhibit A the existing houses on either side of this property are set back considerably
from this residence and that another story would be added to the structure, which will raise the roofline.
Moseley pointed out they are adding a half-story.
Murphy asked how the sight line for the neighbor to the north would be impacted and whether that
neighbor is in favor of the project.
Moseley indicated there are a number of arborvitaes that help screen the property and that the neighbor is
aware of the project and is in favor of it.
Curtis stated she did speak with the neighbor at 1639 Bohns Point, which is located to the north, and that
his initial concern was with the location of the deck, which has now been eliminated. Curtis stated that
neighbor has not raised any other concerns.
Moseley indicated they did e-mail all the documents they have provided to the City to the neighbor also
for his review.
Murphy stated the City unfortunately has had problems with issues being encountered with existing
foundations once work has commenced and that he would prefer to see the revised plans prior to
approving the resolution.
PAGE3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
White requested the applicants consider utilizing neutral based colors for the home given the close
proximity to the lake.
Moseley stated they did request that their architect design an addition that would update their property
and fit in with the rest of the neighborhood but be minimally intrusive.
McMillan stated this normally would be an opportunity to get a structure out of the 0-75 foot zone but
that it is a hardship to relocate the house given the trees and other issues with the lot. McMillan noted
this house has been grandfathered in.
Bremer moved, Murphy seconded, to direct Staff to draft an approval resolution granting average
lakeshore setback and lakeshore setback variances to construct additions and add a half-story to
the existing house, and to grant hardcover variances, for the property located at 1635 Bohns Point
Road, subject to review and approval of the revised plans by Staff and the City Engineer. VOTE:
Ayes 5, Nays 0.
K INVESTMENT GRO
LAN
ennis Batty, Brook In stment Group, and Irfan Habib; Property Owner as present.
Curtis noted t · application appeared befor e Planning Com · sion at its July eting. The applicant
1.
is req·u· .esti. approval of their propos o enlarge the existi commercial bl!i · ng with additions t
. T e request includes sever ariances. /✓
~pplicant is re sting the following vari es: /
//
B · ding setback. A setback 9 feet from KeflyAvenue right-of-way is pr sed for e east
• addition when the requir~ setback is 35 . A setback of O feet from west pro rty line is
4.
proposed for the uppe · evel of thew addition when the requfr setbac~ eet.
/ 7uired by code. The plan
Setback variance e requeste,no;both parking lot expansions.
,/ /
Struct setbacks. The uppertfash encl ie is proposed to have a 3.5 foots c from Kelly
Av ue when a 20-footyj;ltback is uired. The lower trash enclosure· roposed to have a 0
ot setback from tgy/West pr. • rty line when a 5-foot setback is uired. Both are proposed t
2.
requir · 0-foot separation between a pri "pal structure and an accesso
5.
to increa e from 89.65 percent
zone. 1 --
PAGE4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 24, 2009
7:00 o'clock p.m.
*4. 09-3417 STEPHEN & SUSAN MOSELEY, 1635 BOHNS POINT ROAD -VARIANCE
RESOLUTION NO. 5860
Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 5860, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-1279 and 78-1288, for the property located at
1635 Bohns Point Road. VOTE: Ayes 3, Nays 0.
09-3421 JAMES AND JACQUELINE NEVE, 4060 DAHL ROAD -SETBACK
VARIANc:ti:;--______________ _
Bremer moved anchot seconded, to direct Staff to draft a resolution approving a side setback
variance for e property located at 4060 Dahl Road. VOTE: Ayes 3, Nays 0.
6. -3427 AL SERAN, 4099 HIGHWOOD ROA:O -VARIANCE RENEWAL
Mr. d Mrs. Al Seran, Applicants, were present.
Council
Exhibit J
urtis stated the applicants have requested that the City Council wai e public hearing at the Planning
Commission level. Hardcover _yariances and side setback vari es were granted last June and e~jre.d_
this past June. They were unaware that the variances ha pired. The applicants h~ve requested that the
City Council hold the/public hearing at the next Ci ouncil meeting.
Al Seran state e was surprised when ent to get his buildingp~rmit that the variance a expired
and that ad thought the approv as good for two years:-Seran stated he would · e to get started on
~ect as soon as possible ore wintertime,Jmtfhat if he has to reappea ore the Planning
ommission and then the · Council, it would cause him to miss his 3line. Seran noted he also has
some medical conditi and that he would like to have this t are of as soon as possible.
He
Murp required by the City Council tonighflst~ approve moving this fo ard to
the next City Council eting and to waive the pub · hearing at the Planning Commissi evel.
Murphy asked w er anything has change 1th the applicant's plans.
Seran state when the City ori · a ly approved his neighbor's a
propert); which was nev mstalled.
Mrs. Seran no~d the City Engineer ha ed that the concept ofro~ting the roa
property line is workable. It a rs that the adjacent property does not h e swale that was part of its
approved grading plan. ere was an j::inch-and a 4-inch drain tile JR<le!:Jh~These d ·n tiles
have been plugge r removed s -the applicant's property recei . ..altofthe road drainage. S ff is trying
to determine e status o( arain tile.
Mr. Ser at drain tile was never installed.
PAGE 6 oflO
9 March 2011
Nick & Jodee Kozlak
1635 Sohns Point Road
Wayzata, MN 55391
RE: Zoning application File 09-3417
Resolution 5860
CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
By Resolution No. 5860 Orono City Council granted approval for the following variances:
average lakeshore setback; lakeshore setback; structural coverage; and hardcover (Zoning
Application No. 09-3417) which was to expire on August 24, 2010. City Council granted
extension approval until August 24, 2011, by Resolution No. 5951.
Pursuant to City Code Section 78-129 staff may grant a 12-month extension of the approval
granted by Resolution No. 5860. Because nothing has changed since the time of the original
variance approval your extension approval has been granted. Your variance will expire on
August 24, 2012. A request for an additional extension must be received at least 60 days prior
to the new expiration date. Any subsequent extensions may be granted by City Council
approval. The terms and approvals granted in Resolution No. 5860 still apply.
If you have any questions, please contact me at mcurtis@ci.orono.mn.us or at 952.249.2467.
Sincerely,
CITY OF ORONO •,
~
Planning & Zoning Coordinator
Telephone (952) 249-4600 • Fax (952) 249-4616
www.c1.orono.mn.us
City of Orono, Office of the City Planner
Re: Zoning File 09-3417
This letter is to formally request an extension to the variances granted on August 24th, 2010 to Nicholas
and Jodeen Kozlak for their property located at 1635 Bohns Point Road, 55391. We would appreciate
more time to submit our information to acquire a building permit.
Sincerely,
Nick and Jodee Kozlak
1635 Bohns Point Road
Orono, MN 55391
612-325-3539
II II 1111111111111111
Doc No T4782965
Certified, filed and/or recorded on
8/27/10 2:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 21 Pkg ID 650689
Doc Name: Amendment
Document Recording Fee
Document Total
Existing Certs
1320596
This cover sheet is now a permanent part of the recorded document.
$46.00
$46.00
New Certs
,. '
' '
A RESOLUTION
AMENDING RESOLUTION NO. 5860
RENEWING THE VARIANCES APPROVED IN FILE NO. 09-2481
AND ADDING HARDCOVER CALUCLATION
FILE NO.10-3481
CITY of ORONO
RESOLUTION OF T~E9C5TY COUNCIL
NO. ______ _
A RESOLUTION
AMENDING RESOLUTION NO. 5860
RENEWING THE VARIANCES APPROVED IN FILE NO. 09-2481
AND ADDING HARDCOVER CALCULATION
WHEREAS, NICHOLAS J. KOZLAK and JODEEN A. KOZLAK
(hereinafter "Owners") are the owners of the property located at 1635 Bohns Point Road
within the City of Orono (hereinafter "City") and legally described as: Tract B, Registered
Land Survey No. 565, files of the Registrar of Titles, Hennepin County, Minnesota
(hereinafter "the Property''); and
WHEREAS, on August 24, 2009 the City Council of the City of Orono
adopted Resolution No. 5860 granting the Property average lakeshore setback, lakeshore
setback, structural coverage, and hardcover variances so that additions to the existing
residence could be constructed. The approval remained valid if a building permit for the
residence was issued by August 24, 2010; and
WHEREAS, since a building permit has not been issued the Owners have
made application to the City to renew the approval, with no change in the plans; and
WHEREAS, Resolution No. 5860 was inadvertently recorded without the
hardcover summary as part of Exhibit A.
-WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statute~ and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on July 19, 20l0, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon. Immediately
following the public hearing the Planning Commission recommended approval of the
application by a vote of 5 -0.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that Resolution No. 5860 is amended to change the deadline for obtaining a
building permit to August 24, 2011 and to add the hardcover summary attached as Exhibit A
as the second and third pages of Exhibit A to Resolution 5860. Resolution No. 5860
otherwise remains in effect.
Page 1 of2
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 5 1
Adopted by the Orono City Council on this 26th day of July, 2010.
ATTEST:
~Lfu
Linda S. Vee, City Clerk
~~ Nicho~~
STATE OF MINNESOTA
COUNTY OF HENNEPIN
~w-i. w~
lmesMWhite, Mayor
----·-
This instrument was acknowledged before me this JCl'Pky of ~s;± , 2010 by
Nicholas J. Kozlak, husband of Jodeen A. Kozlak
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this J.9_-l'\:iay of~' 2010 by
Jodeen A. Kozlak, wife of Nicholas J. Kozlak. -~
e~.~
Page 2 of2
-.. S-rEPHE'.,-..1 /VloscLE'( ~-,,7-o9 Ti?ACT E? ' I
l-2?-09
HAR~ER CALCULATION WORKSHEET t'.L,S.Na.s:6
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' · 500-1
EXISTING HARDCOVER IN ZONE 5 9 5 1 Exhibit A
A. House \~Z.O EKl$TING,;-
X = s.F. -µovs-r::
Length Width £.€.if -18 X = · S F CA.€.tJI r Ft?I<.
X = s. F. 2. I,:, f:' tlll~r/ N,1 ,V r;:.
· · {t'v.r 8' ")
B. Garage X -S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk 164-5iON[ V./AUt.
X = S.F ... A-NC> S"tl:P$
X -. \ '2.. S.F.,STEiPll-lGi 5'fOH€$
1::. ·. Patio/Deck X = 4-SO s.F.-srot--1~ Ptrrn,
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining b8 STONE
X = S.F.-Rcl'"AINIH~
Walls W4l,.t..$"
H. Other X = s:F.
TOTAL HARDCOVER IN ZONE 22bt;; · S.F. A
TOTAL PROPERTY AREA IN ZONE 919;-9195. S.F. B
A 2266 + B X 100 = 21.~4 %
PROPOSED HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
WAL!l. TO
D. Sidewalk. X = -5S S.F.-Af34NOOI-JfD SI
X -S.F. Er,r,i<ANCff
RtMovio
E. Patio/Deck 12,0 X l 0. 0 = +n5. s. F. -Pi:<OPo;£o
X = S.F. Of.CK ..
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining +J6 ?1<.0POSf'.O X = S.F.-Q-,-A ~
Walls .!:. IN.I
ll5t-l6 ... 55 -+76'
V/At.,.L. -H. Other X = S.F. 'NET GAf t--f
TOTAL HARDCOVER IN ZONE 2.2 66 1-7b Z34Z S.F. A
TOTAL PROPERTY AREA IN ZONE 91'.j:;i-$.F. B
A 2. 34Z + B 9t9S-X 100 = 25.47 %
' '
. t C-17-09 ~ACT D
7-Z?-o'J ,t,,o c1r,,,v&~ l.)i
HARDCOVER CAL~ION WORKSHEET le?. L. S., No S-6 i;
SETBACK ZONE: (CIRCLE ONE} O-i5' ~ 250-500' · 500-1000' .,
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E .. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A 3147
PROPOSED HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk.
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
7.Q
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
I\ ~ll-.Q-i .
X
X
X
X
X
X
X
X
X
X
X
X
X
X
+ B
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
to,7bQ
Width
b.03
3747 -?SO
111 71J)
=
=
=
=
=
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=
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=
=
=
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=
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5 9 5 1
45-.-, Ex\~ r iN~ __ _.:_..:;:._'-__ s.F.-~Ov5E
______ · S.F.
______ S.F.
______ S.F.
3 .. SLA<::KTO p _......,=D'--7~S-.. _. _ S.F. Di:tiv cwp.:,,1 S.F. ,_ /1 .------
STONE WA~\.( __ l,...,,6'-"3'--__ S.F.-ANO $"'C'£P5 ______ S.F.
______ S.F. ·
______ S.F.
______ S.F.
______ S.F.
______ S.F.
.. 54 STONE
---'-'=:::..........:.---S.F. -RtrTAINtN&,
Wtn .. i..$
______ s:F.
__ 3.:....1.:....4.:....J.._· __ S.F. A
_· _,,J~0,'-'7...,.6=0 __ S .F. B
X 100 = . 51t,8i2.. %
=
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=
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+ 1 /IH PROPOSED
_ _;__;--'=e::!:1-..1-_ S.F. -ADO!TfOH
______ S.F.
_+~41--"'9:___ s. F. -? R Ol'05f: 0
Fo,c:c!-f
______ S.F.
\ \10 DR1\Jf'WAY ----"-'. ~· :'--. -S. F. -nc "-l t)v r:f\ S.F. ·1~~, ~w ------
+45"' s. F: ... PROPOSED \1v'~L ---'-=----_ _..:,+_4-...._ __ S. F. -WAL)Z Aocro
_____ S.F.
______ S.F.
--'-----S.F. ______ S.F.
______ S.F.
Pl<0POSfD
__ -l-_l_Cf~_S.F, -\<ITAINIHG
WAL.l,,
_-__;1.=..;;S-;;_:o __ s. F. -NET LDS5
_ _;_5o/1_,__/...:..-_ S .F. A
_\,..,,0'-'-1 ...,_7{.=0=----S, F. B
v 1 nn = :l'-:, <::fl 01..
r
•· I ,;,
I •
STATE OF MJNNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on July 26, 2010, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 28 th day of July , 2010.
City Clerk
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Nick and Jodee Kozlak
6229 Fox Meadow Lane
Edina MN 55436
TYPE OF APPLICATION: Variances
DATE OF MEETING: July 28, 2010
ZONING FILE: 10-3481
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: August 2, 2010
COPIES:
VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the official resolution at the City Offices (Monday through Thursday
7:30 to 5:00 and Friday 7:30 to 11:30 until Labor Day, then Monday through Friday 8:00 to
4:30).
Variance approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance approval
expires one year after date of approval. A building permit must be obtained no later than
August 24, 2011.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Evelyn Turner, City Planner, at 952-249-4623.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
White asked if he would like to see striping down the sides , down the middle , or both.
Wolverton indicated he would just like to see some striping.
White directed the City Engineer to look at the situation and to contact Mr. Wolverton following his
review .
ZONING ADMINISTRATOR'S REPORT
*3. #09-3414 KATHY AND PATRICK MIDDLETON, 720 TONKAWA ROAD-
VARIANCES -RESOLUTION NO. 5857
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5857, a Resolution Granting
Variances to Municipal Zoning Code Sections 78-330, 78-1279, and 78-1403, for the property
located at 720 Tonkawa Road. VOTE: Ayes 5, Nays 0.
4. #09-3417 STEPHEN AND SUSAN MOSELEY, 1635 BOHNS POINT ROAD -
VARIANCES
eJ,:;OY\
Sue Moseley, Applicant, and Ben ~t6 , Architect, were present.
Curtis stated the applicants are requesting average lakeshore setback and lakeshore setback variance to
construct additions and add a half-story to the existing house. The request also includes hardcover
variances to allow 26.36 percent in the 0-75 percent zone where 25.44 percent exists and no hardcover is
allowed and to relocate and change the nature of nonconforming hardcover in the 75-250 foot zone where
34 .82 percent exists, 32 .50 percent is proposed, and 25 percent is the maximum allowed.
The Planning Commission at its July meeting voted 4-3 to approve the proposal in accordance with the
staff recommendation. The Planning Commission requested the plans be revised to show the proposed
deck relocated to the south side of the house off of the kitchen, the patio and sidewalks should be
converted to pavers for improved permeability , the garage stall should be moved streetward four feet, and
the retaining wall shortened accordingly . Additionally, the significant trees on the property should be
protected by a covenant.
Staff recommends approval of the variances consistent with the Planning Commission recommendation
and revised plans.
Moseley stated their architect attempted to design plans that would comply with the City's rules and
regulations as much as possible and they then met with Staff to ensure that their plans were in compliance
wherever possible . One of their goals is to preserve as many of the trees as possible. Moseley stated their
project improves the existing residence and neighborhood and betters fits in with the character of the
neighborhood. The neighbors are in support of the project.
White asked what changes have been made to the plans since the Planning Commission meeting .
Curtis stated the garage has been moved forward four feet, which has resulted in the shortening of the
retaining wall and reducing the hardcover slightly. Another change is the elimination of the deck off of
PAGE2
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
the great room and moving it to the other side of the house. In addition, the applicant has agreed to
change the existing patio to permeable pavers but the driveway would remain as is based on the
recommendation of the City Engineer.
Moseley noted the hardcover on the lot overall has decreased.
McMillan asked whether there are any contingencies planned in the event there are major issues found
with the foundation.
Curtis stated it would depend on what the degree of repair would be.
Bremer commented that typically a minor repair is not something that the Council would need to see but
that any significant repairs would need to come back before the City Council.
Moseley stated they are relying on their engineer's opinion as it relates to the foundation.
Bremer asked whether the Council would be able to review the revised plans prior to approving the
resolution.
Curtis indicated Staff did receive the revised plans today but that the City Engineer has not yet had an
opportunity to review the plans.
Kellogg stated one of the main issues with the property is proper drainage and drainage to the north.
Moseley commented their current roof is a butterfly roof and by changing it to a peak roof, that would
actually help the drainage flow the other way.
Murphy noted on Exhibit A the existing houses on either side of this property are set back considerably
from this residence and that another story would be added to the structure, which will raise the roofline.
Moseley pointed out they are adding a half-story.
Murphy asked how the sight line for the neighbor to the north would be impacted and whether that
neighbor is in favor of the project.
Moseley indicated there are a number of arborvitaes that help screen the property and that the neighbor is
aware of the project and is in favor of it.
Curtis stated she did speak with the neighbor at 1639 Bohns Point, which is located to the north, and that
his initial concern was with the location of the deck, which has now been eliminated. Curtis stated that
neighbor has not raised any other concerns.
Moseley indicated they did e-mail all the documents they have provided to the City to the neighbor also
for his review.
Murphy stated the City unfortunately has had problems with issues being encountered with existing
foundations once work has commenced and that he would prefer to see the revised plans prior to
approving the resolution.
PAGE3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 10, 2009
7:00 o'clock p.m.
White requested the applicants consider utilizing neutral based colors for the home given the close
proximity to the lake.
Moseley stated they did request that their architect design an addition that would update their property
and fit in with the rest of the neighborhood but be minimally intrusive.
McMillan stated this normally would be an opportunity to get a structure out of the 0-7 5 foot zone but
that it is a hardship to relocate the house given the trees and other issues with the lot. McMillan noted
this house has been grandfathered in.
Bremer moved, Murphy seconded, to direct Staff to draft an approval resolution granting average
lakeshore setback and lakeshore setback variances to construct additions and add a half-story to
the existing house, and to grant hardcover variances, for the property located at 1635 Bohns Point
Road, subject to review and approval of the revised plans by Staff and the City Engineer. VOTE:
Ayes 5, Nays 0.
5. #09-3418 DENNIS BATTY ON BEHALF OF BROOK INVESTMENT GROUP, LLC,
3421-3425 SHORELINE DRIVE -COMMERCIAL SITE PLAN
Dennis Batty, Brook Investment Group, and Irfan Habib, Property Owner, was present.
Curtis noted this application appeared before the Planning Commission at its July meeting. The applicant
is requesting approval of their proposal to enlarge the existing commercial building with additions to each
end. The request includes several variances.
The applicant is requesting the following variances:
1. Building setback. A setback of 29 feet from Kelly A venue right-of-way is proposed for the east
addition when the required setback is 3 5 feet. A setback of O feet from the west property line is
proposed for the upper level of the west addition when the required setback is 35 feet.
2. Parking Spaces. The plan has about 80 percent of the parking spaces required by code. The plan
is short 32 spaces.
3. Parking lot setbacks. Setback variances are requested for both parking lot expansions.
4. Structure setbacks. The upper trash enclosure is proposed to have a 3.5 foot setback from Kelly
Avenue when a 20-foot setback is required. The lower trash enclosure is proposed to have a 0
foot setback from the west property line when a 5-foot setback is required. Both are proposed to
have less than the required 10-foot separation between a principal structure and an accessory
structure.
5. Structural coverage and hardcover variances. Structural coverage would increase from 19.94
percent to 27.57 percent. The maximum allowed is 15 percent. Hardcover on the site is proposed
to increase from 89.65 percent where 30 percent is normally allowed within the 250-500 setback
zone.
PAGE4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,:, July 26 2010
7:00 o'clock p.m.
(4. -3478 JAMES D. MACKINNON, "3500" WATERTOWN ROAD,. ontinued)
MacMillan pointed the City Engineer has noted there is a possibili at retaining walls may be
constructed in the back d asked whether Staff is okay with
that.
s of conservation ease nt where Staff would expect preservation
of slopes and trees and that dep g on the location of the futur omes, there may be outdoor living
space that can be leveled o outside of the conservation easement. St has made an effort to protect all
the environmental are at were identified in the preliminary plat.
Murphy m d, Bremer seconded, to adopt RESOLUTION NO. 5950, a Resolu · Approving the
Plato · tyre Two for the property at 3500 Watertown Road. VOTE: Ayes 5, Nays 0.
*5. #10-3481 NICHOLAS AND JODEEN KOZLAK, 1635 BOHNS POINT ROAD -
VARIAN CE RENEWAL-RESOLUTION NO. 5951
Franchot moved, MacMillan seconded, to adopt RESOLUTION NO. 5951, a Resolution Amending
Resolution No. 5860, Renewing the Variances Approved in File No. 09-2481 and Adding Hardcover
Calculation. VOTE: Ayes 5, Nays 0.
LIC COMMENT, CONTINUED
LaQue , .0. Box 94 , Crystal Bay, requested no parking signs be placed on the west
A venue for aved portion from County Road 51 to Spates A venue and signs 1gnating resident only
parking on the eas ·de. LaQuey also requested that 15 mile per hour speed · ·1 signs be placed along
Railroad A venue.
Bremer asked whether the spee
White stated the police department is involv
with the City Engineer.
Murphy noted the Long L e Fire Department wants to erect a memorial a
distributed an artist re ering of the proposed memorial.
Murphy indica he attended the V4V board of directors meeting approximately two w sago. The
V 4V Boar as established to oversee the irrevocable trust for Big Island. Since 2007 , the
almost $630 ,000 in grants out of that fund.
Page 3 of 6
Date Application Received: 6/22/10
Date Application Complete: 6/22/10
60-Day Review Period Expiration: 8/22/10
REQUEST FOR COUNCIL ACTION
Date: July 26, 2010
Item No . ....5'
Department Approval: Agenda Section: Planning Department Report
Name: Evelyn Turner
Title: City Planner
Item Description:
#10-3481 Nick and Jodee Kozlak, 1635 Bohns Point Road
-Renewal of Variances -Resolution
Zoning District: RR-1B (1 acre))
Lot Area: 0.46 acre
Lot Width: 117 Feet
List of Exhibits:
A. Resolution per Planning Commission recommendation
B. PC Action Notice dated July 21, 2010
C. PC Memo & Exhibits of July 19, 2010
Application Summary: The Kozlaks request renewal of average lakeshore setback, lakeshore
setback, structural coverage, and hardcover variances so that additions to the existing residence can be
constructed.
Planning Commission Recommendation
On July 19, 2010, Planning Commission voted 5 to O on consent to recommend approval.
Planning Staff Recommendation
Approval of the variance renewal per the attached Resolution. It can be considered under the
interpretation of hardship in use when it was first approved.
COUNCIL ACTION REQUESTED
Adopt or amend the attached Resolution.
A RESOLUTION
AMENDING RESOLUTION NO. 5860
RENEWING THE VARIANCES APPROVED IN FILE NO. 09-2481
AND ADDING HARDCOVER CALUCLATION CALCULATION
FILE NO. 10-3395
Council
Exhibit A
WHEREAS, NICHOLAS J. KOZLAK and JODEEN A. KOZLAK
(hereinafter "Owners") are the owners of the property located at 1635 Bohns Point Road
within the City of Orono (hereinafter "City") and legally described as: Tract B, Registered
Land Survey No. 565, files of the Registrar of Titles, Hennepin County, Minnesota
(hereinafter "the Property"); and
WHEREAS, on August 24th, 2009 The City Council of the City of Orono
adopted Resolution No. 5860 (File No. 9-2481) granting the Property average lakeshore
setback, lakeshore setback, structural coverage, and hardcover variances so that additions to
the existing residence could be constructed. The approval remained valid if a building permit
for the residence was issued by August 24, 201 O; and
WHEREAS, since a building permit has not been issued the Owners have
made application to the City to renew the approval, with no change in the plans; and
WHEREAS, Resolution No. 5860 was inadvertently recorded without the
hardcover summary as part of Exhibit A.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on July 19, 2010, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon. Immediately
following the public hearing the Planning Commission recommended approval of the
application by a vote of 5 -0.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that Resolution No. 5860 is amended to change the deadline for obtaining a
building permit to August 24, 2011 and to add the hardcover summary attached as Exhibit A
as the second page of Exhibit A to Resolution 5860. Resolution No. 5860 otherwise remains
in effect.
Page 1 of 3
Adopted by the Orono City Council on this 26th day of July, 2010.
ATTEST:
Linda S. Vee, City Clerk
Nicholas J. Kozlak
STATE OF MINNESOTA
COUNTY OF HENNEPIN
James M. White, Mayor
Jodeen A. Kozlak
This instrument was acknowledged before me this_ day of _____ , 2010 by
Nicholas J. Kozlak, husband of Jodeen A. Kozlak
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2010 by
Jodeen A. Kozlak, wife of Nicholas J. Kozlak.
Notary Public
Page 2 of2
s-TEPHE:,-.1 /VlosELE'( r_,,7-09 Ti?ACT t? 2?-09
HAR~ER CALCULATION WORKSHEET ?.L,S. No. S"6
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' · 500-1
EXISTING HARDCOVER IN ZONE
Exhibit A
House \(, zo E><l$TIN(;iir
A. X = S.F, -.\40VS'E
Length Width .£~T.i -48 X = S.F. C~€hT Ft?/(.
X = S F 2 t' F" <7Vf"~ N,t ,v C:.
· · {rn 8' /)
B. Garage X -S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk 164-$TONE'. WAL.Ii
X = S.F.-AND S1:6P$
X = \ 1.. S.F.'-STE:PPll-l~ 5,ot•ff5
E. Patio/Deck X = 450 S.F.-~i'0t--lf. Pt1i\D
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining bB $,ONc
X = S.F.-R€iAINIH~
Walls W4L--/...$'
H. Other X = s:F.
TOTAL HARDCOVER IN ZONE 22b6" S.F. A
TOTAL PROPERTY AREA IN ZONE 9195"" 9195: S.F. B
A 2266 + B X 100 = 21-.~4 %
PROPOSED HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
WALll. TO
D. Sidewalk. X = -5S-S.F,-Af3At-JDOI-.J£!.) $1
X = S.F. Er,rn-1.At-ici;:
RfNi(}V€0
E. Patio/Deck \ l. 0 X I 0. 0 = + n 5: S.F. -f>KOPl½.fO
X = S.F. OfClL
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining +16 ?1<0Po5f:O
X = S.F. -«-,A ~
Walls ,l::. /Nt4
ilSt-16 .... 55 -+76"
v,/IJ,t.cl,.. -H. Other X = s. F' -NET G./::,J t--l
TOTAL HARDCOVER IN ZONE 2266 1-7& 2342 S.F. A
TOTAL PROPERTY AREA IN ZONE ci1g~-S.F. B
A Z. 34Z .,. B 9(95"' X 100 = ZS. 47 %
/VI 0S tlf'r' <-17-09 ~Ac, R
' Z J'-0 'J /(/CJ C: f',(,t,& f ~
HARDCOVER CAL~ION WORKSHEET K'. L. S, No, S-6 ~
SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' · 500-1000'
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A 314-J
PROPOSED HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk.
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
7.Q
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A "34l:tJ
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
+ B
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
+ B
Width
{0.76O •
Width
6.03
3741 --ZSO
l 0, 760
=
=
=
=
=
=
=
=
=
=
=
=
=
=
4 c,; E'Xl~r iNG
---~:......::....__'-__ S.F. -I-IOl)5E
______ S.F.
______ S.F.
______ S.F.
3 ... SLAC.lt:.TO p _ __.c.::,D::.._1~S"..J..--S.F. D!2.11J E:wAy ______ S.F.
STONE \/v'tlL.\'. __ l'-"6"-"3~--S.F. -ANO S"r€P5 ______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
54 STONE
-~_.!.,__ __ S.F · -R. l£TA1 NI HG
Vttn . .1 •• $
______ S:F.
__ 3~7'-"r.:.....J ..... · __ S.F. A
_ ..... I =-40,w1..l<!6=.D___,_ S .F. B
X 100 =
1 5 't. 8 2,, %
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
+ 74i, PROPOSED
__ ..;..._....___,"""t __ S.F. -iL\DOIT/01',/
______ S.F.
_t-'----"~..::::.8 __ S.F. -? R 0POS£ 0
Po1?Ct-/
______ S.F.
\ lo DR1\Jfi.UAY
__ -_.,_;\~_·_ S.F. -Rt,AtOvE'w ______ S.F.
+4-S-S.F ... PROPOSED \1v'li-L! _ _;__..:..=. __ _
_ ____:.+_4-.,__ __ S.F. -WAL)( Acero
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
Pi<OPOSfD _+_7_9,___ S.F. -i<Ef.'tl H !HG
\/VAL.L.
_-__,1.=-=S'~O __ S.F. -NET LDS5
--=--3¥{..!.-'-7-'---_ S. F. A
_l,._,,O'.J-1 7..!.Jf."'-"Oe::___ __ S.F. B
X 100 = 31.'5[) %
CITY OF ORONO ZONING FILE 10-3481
2750 Kelley Parkway
Council
Exhibit 8
PO Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323
952.249.4600 DATE OF NOTICE: July 21, 2010
TO: Nick and Jolee Kozlak COPIES:
1635 Bohns Point Road
Wayzata MN 55391
TYPE OF REQUEST: Renewal of Variances
DATE OF MEETING: July 19, 2010
Planning Commission recommended approval.
VOTE: 5 FOR 0 AGAINST
Applicant's next scheduled meeting is:
City Council-July 26, 2010 -Meeting starts at 7:00 pm
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Clerk after review and approval by the Planning Commission. If
you have questions, please call City Planner, Evelyn Turner at 952-249-4623.
Date Application Received: 6/22/10
Date Application Considered as Complete: 6/22/10
60-Day Review Period Expires: 8/22/10
To:
From:
Chair Kang and Planning Commission Members
Evelyn Turner, City Planner
Date: July 19, 2010
Subject: #10-3481 Nick and Jodee Kozlak, 1635 Bohns Point Road
-Renewal of Variances
-Public Hearing
Zoning District: RR-1 B (1 acre)
Lot Area: 0.46 acre
Lot Width: 117 feet
Application Summary: Mr. and Mrs. Kozlak request renewal of the following variances
granted in zoning application #09-3471:
• Average lakeshore setback, lakeshore setback, and structural coverage variances
to construct additions and add an additional story to the existing house
• Hardcover variances to have 25.47 percent in the 0' to 75' percent zone when no
hardcover is allowed and 32.5 percent hardcover in the 75' to 250' zone when 25
percent is allowed.
Staff Recommendation: Planning Department Staff recommends approval.
Pertinent Zoning Ordinance Sections
78-1279 Lakeshore and Average Lakeshore Setbacks
78-1288 Hardcover
List of Exhibits
A. Application
B. Resolution No. 5860 Granting Variances (File No. 09-3417)
Discussion
Since the variances were granted there have been no changes m the code prov1s10ns
applicable to the property or to this application.
Staff Recommendation
Planning Department Staff recommends approval of the renewal of the variances.
Council
Exhibit C
City of Orono, Office of the City Planner
Re: Zoning File 09-3417
O°I -3 Lf l7
f/LL--$'3<50
pPt4 f;p/z7-
PC Exhibit A
This letter is to formally request an extension to the variances granted on August 24th, 2009 to Stephen
and Susan Moseley for their property located at 1635 Bohns Point Road, 55391. We acquired the
property from The Moseley's on April 15th
, 2010 and we would appreciate more time to submit our
information to acquire a building permit.
Sincerely,
1635 Bohns Point Road
Orono, MN 55391
612-325-3539
#3481
RECEIVED
JUN 2220U
CITY OF ORONO
s NNE
111111111111 11111111
Doc No T 4693235
Certified, filed and/or recorded on
10/6/09 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
PC Exhibit B
Jill L. Alverson, County Auditor and Treasurer
Deputy 33 Pkg ID 574855
Doc Name: Resolution
Document Recording Fee
Document Total
Existing Certs
815043
$46.00
$46.00
New Certs
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1288
FILE NO. 09-3417
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78--1288
FILE NO. 09-3417
\VHEREAS, Stephan Moseley and Susan Moseley, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1635 Bohns Point Road
within the City of Orono (hereinafter the "City") and legally described as follows:
Tract B, Registered Land Survey No. 565, files of the Registrar of Titles,
Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstmction of the
existing home's first level including a higher ceiling, a gabled roof with living space within 75'
of the OHWL of Lake Minnetonka where a 75' structural setback must be met; and
\VHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstmction of the
existing home's first level including a higher ceiling, a gabled roof with living space and a
garage addition with living space above ahead of the average lakeshore setback; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 to allow 25.47% hardcover within
the 0-75' setback zone where 0% is allowed and 24.64% currently exists; and to allow 32.5%
hardcover within the 75'-250' setback zone where 25% is normally allowed and 34.8% currently
exists in conjunction with additions to the existing home.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 09-3417.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
2. The property is located in the LR-1B One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 1.0 acre and a minimum lot width
of 140'.
3. The Planning Commission reviewed this application at a public hearing held on
July 20, 2009 and voted 3-4 to recommend approval of variances based on the
following findings:
a. The property contains 20,037 s.f. in area and has 117' in width.
b. The lot is substandard in area and a residence has existed on the property for
many years.
c. There is no additional land available to bring the lot width or lot area into
conformity.
d. At 14% structural coverage proposed the proposed plan meets the structural
lot coverage limitation of 15%.
e. The home expansions are outside of the 0-75' setback area.
f. Rather than rebuilding further from the lake, removing numerous trees, and
disturbing more of the property the applicants have proposed to utilize the
existing home location. The proposed structure complies 'lvith side yard and
street yard setback requirements.
g. The applicants will agree to filing a protective covenant in order to protect the
significant trees on the property.
h. Pavers will be utilized for the patios and sidewalks for increased permeability.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a fire
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
hazard or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the
existing home's first level including a higher ceiling, a gabled roof with living space and within
75' of the OHWL of Lake Minnetonka where a 75' structural setback must be met; and a
variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstrnction of the
existing home's first level including a higher ceiling, a gabled roof with living space and a
garage addition with living space above ahead of the average lakeshore setback; and a variance
to Orono Municipal Zoning Code Section 78-1288 to allow 25.47% hardcover within the 0-75'
setback zone where 0% is allowed and 24.64% currently exists; and to allow 32.5% hardcover
within the 75'-250' setback zone where 25% is normally allowed and 34.8% currently exists in
conjunction with additions to the existing home, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and annotated by
City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the level of 2,342 s.f. or 25.47%
Hardcover in the 75-250' zone shall be limited to 3,497 s.f. or 32.5% per the proposed
plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised
that any future requests to increase hardcover or change the nature of existing/approved
hardcover shall require City approval, and increases in hardcover will not likely be
approved without concurrent reduction in existing hardcover.
3. ADDITIONAL SURVEYS REQUIRED:
a. A foundation survey is required to be submitted prior to commencement of
framing; and
b. An As-Built grading plan verifying compliance with the building permit,
stormwater management, grading and drainage plans shall be submitted prior to
the issuance of a Certificate of Occupancy for the residence. The As-Built survey
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
will also reflect the accurate configuration deck as constructed around the existing
20" maple tree.
4. The building plans submitted for building permit will be reviewed to ensure compliance
with the City's building height and number of stories regulations.
5. The sidewalks and patios shall be converted to pavers to improve permeability per the
submitted plans.
6. Due to the close proximity to the lake, the home shall make use of a color palette that
blends into the surroundings so as to reduce its visual impact as viewed from the lake.
7. Should further investigation into the quality of the foundation reveal a need for
significant repairs the City Council shall review and either approve of the repairs in order
for the project to continue or require modifications to the variances as granted.
8. Applicants shall remove all plastic or fabric liner material from the decorative landscape
beds on the property to ensure their permeability as non-hardcover surfaces.
9. Required removals of structure and hardcover to be removed shall be completed prior to
the footing inspection for the addition.
10. Authorities granted by this resolution nm with the property not with the applicants, but
are permissive only and must be exercised by oofoining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire
on that date (August 24, 2010).
11. 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.
12. The undersigned applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the
property.
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 8 6 Q
Adopted by the Orono City Council on the 24 th day of August 2009.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this I \t~ay of":£ j")lt.rnrt 1';\2009 by
Stephan Moseley, husband of Susan Moseley.
);f"'~--el'&?,~:;;,-;?:?,e~~;;ea~~~~
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this l~tay of ('";;j:' j:'ttta~~/,)2009 by
Susan Moseley, wife of Stephan Moseley.
Page 5 of 5
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CERTIFICATE OF SURVEY FOR
STEPHEN P. MOSELEY
OF TRACT B, R.L.S. NO. 565
HENNEPIN COUNTY, MINNESOTA
EXISTING HOUSE
#1629 : ~' \
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S C A L E IN F E E T
LEGAL DESCRIPTION OF PREMISES
Tract B, Registered Land Survey No. 565, files of
Registrar of Titles, Hennepin County, Minnesota.
denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level doturn
[[IQ]] : denotes proposed spot elevation, mean sea level doturn
--917--· denotes e..:isting contour tine, mean sea !eve! datum
---@QI}--· denotes proposed contour line, mean sea level datum
Bearings shown are based upon on assumed datum.
This survey sho,.,.s the boundaries of the above described property, the
location of an existing house, al! visible "hardcover", trees, topography,
and the proposed location of several proposed additions thereon. It does
not purport to show any other improvements or encroachments.
OESlGNED •~EV~Of.11 _ ~,.fE NBE Ss TES INC I' oo,oby ,,d,fy >hot ,o,. '""•Y wos p,o,o,od by m•
1-18-09 i'IEvtsEQ GARAGE, MOVE PROPOSED CECiC ------1 GR O R G & A O CI A J • ~!g1~~~~~d m6v~,r~;1n!:e~~~10t~n~n~u:~~~~r °:d~r d~~~
oiv.w11 I 2 1 a-10-09 AOO!TIQN,lL GRADES SHOWN ON flEJ,llNING WALL, SLT FENCE ~ODED $CONSULTING ENGINEERS LAND SURVEYORS & SITE PLANNERS lows of the Stoti,. of M,nnesoto
'""' N1TTO
SCll.[
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OECKED I 445 NORTH WILLOW DRIVE, LONG LAKE, MN 55356
952-473-4 141
O!HJ!I
IMork S (ir!lnberg Minnesota License Nurr,ber 12755
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, July 19, 2010
6:30 o'clock p.m.
7 JOHN ROEDEL, 4725 NORTH SHORE DRIVE, CONTINUED)
0 seconded, to recommend denial of Application #10-34
VO · Ayes 4, Nays 1, Schoenzeit Opposed.
5. #10-3479 PHILLIP WHIPPLE,
8:16 P.M.
Kang moved, Schoe · seconded, to table Application #10-3479, Phillip
Point Road, at request of the Applicant. VOTE: Ayes 5, Nays 0.
*6. #10 -3481 and #09-3417 NICHOLAS AND JODEEN KOZL 1635 BORNS POINT
ROAD, VARIAN CE RENEW AL
Kang moved, Schwingler seconded, to recommend approval of Application #10-3481, Nicholas and
Jodeen Kozlak, 1635 Bohns Point Road, renewal of variances. VOTE: Ayes 5, Nays 0.
ANNING COMMISSION COMMENTS
ORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING ITY
TINGS ON JUNE 28, 2010, AND JULY 12, 2010
Kang reported on the e 28 th City Council meeting and noted there was a brief d. ussion regarding
Long Lake 's water capacit swell as a discussion on possible street and utilit mprovements. The City
Council looked at which roads ould be prioritized and the possible fund " of the projects.
Kang stated at the July 12 th City Counc· eeting there was a prese tion by the Orono Youth in Action
on banning smoking in the city parks and a auditors . The Welsh Companies
assisted living application was approved.
8. OTHER ISSUES FOR DISCUSS!
Kang stated at the City Council work ssion, there was a discussion garding the Supreme Court ruling.
Staff sent out an e-mail to the co · ssioners on the Supreme Court ruh a.
Curtis stated a number of · 1es are reviewing their codes in light of the ruling t that basically the MN
Legislature will need t respond and change the hardship language.
ity may want to revisit those variances that have been routinely grante
to see wha as typically been approved over the years.
PAGE 13
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #10-3481, was mailed to
the attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 1 ih day of July,
2010.
"-{hwii)~
Monica Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at
2780 Kelley Parkway on Monday, July 19, 2010, beginning at 6:30 p.m. on the matter of
reviewing the following land use applications and vacation requests:
10-3467 Steven Schussler and Sunhi Ryan, 1935 Concordia Avenue, LR-1C zoning district,
request a variance to have hardcover in excess of the allowed 25 percent in the 75
to 250 foot zone in order to construct an attached garage.
10-3471 Woodhill Senior Cottages of Navarre, 2525 & 2545 Shadywood Road, B-4 Office
and Professional Business zoning district, requests conditional use permit and site
plan approval for a 24 bed memory care facility. The site plan includes a variance to
place the building 25 feet from the northwest side lot line adjacent to the property at
2477 Shadywood Road when a 35 foot setback is required. The applicant also
requests approval of a plat to consolidate the three existing lots that comprise the
site into one lot and to vacate the drainage and utility easements associated with
these lots.
10-3476 David Netjes, 550 East Long Lake Road, RR-1 B zoning district, requests a
conditional use permit for re-grading of the property to prevent erosion onto East
Long Lake Road and to provide level areas for a sport court and a water cistern for
fire protection.
10-3477 John Roedel, 4725 North Shore Drive, LR-1 B zoning district, requests a variance to
allow 43.4% hardcover within the 75'-250' zone where 41 % currently exists and 25%
is normally allowed in order to construct a 192 square foot patio.
10-34 79 Phillip Whipple, 3095 Casco Point Road, LR-1 C zoning district, requests lot width
and 75'-250' and 250'-500' zone hardcover variances in order to construct a new
residence on the property as follows: lot width of 60 feet at the OHWI and 65 feet at
the 75' setback where 100 feet is required; 31.9% hardcover within the 75'-250' zone
where 25% is normally allowed; and 33.2% hardcover in the 250'-500' zone where
30% is normally allowed.
10-3480 Welsh Senior Housing, 875 Wayzata Boulevard West, RR-1 B zoning district,
requests the following: RPUD Master Development Plan and CUP approval in order
to construct a 55-unit, 46,349 total square foot, senior living facility; a
Comprehensive Plan Amendment to allow a building footprint of 25,814 square feet
where a 20,000 square foot building footprint is allowed; and a re-zoning of the
property from RR-1 B to RPUD multi-family.
10-3481 Nicholas and Jodeen Kozlak, 1635 Bohns Point Road, RR-1 B zoning district ,
request renewal of the variances granted under 09-3417 to allow reconstruction of
the existing home 's first level including a higher ceiling , a gabled roof with living
space and within 75 ' of the OHWL of Lake Minnetonka where a 75 ' structural
setback must be met; reconstruction of the existing home 's first level including a
higher ceiling , a gabled roof with living space ; and a garage addition with living
space above ahead of the average lakeshore setback. Also granted under 09-3417
and requested for renewal are the variances to allow 25.47% hardcover within the 0-
75' setback zone where 0% is allowed and 24.64% currently exists ; and 32 .5%
hardcover within the 75 '-250' setback zone where 25% is normally allowed and
34.8% currently exists in conjunction with additions to the existing home.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final or
complete agenda and is subject to change prior to the hearing. Written comments are accepted
and should be submitted to the City of Orono by, July 14 , 2010, if possible . Interested persons
may review the application at City offices. Fo r an appointment, please call (952) 249-4620.
To be published in t he Sun Sailor on July 8 , 2010.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
~~1/Jii:iilj__mission
J.kcurtis
Planning & Zoning Coordinator
RUN DATE: 6/8/2009
38 17-117-23 I I 0002
G K NEWMAN JR & MM C NEWMAN
1655 BOHNS POINT RD
GRAYDON K NEWMAN JR
MICHELLE M C NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
Up o(trk<-I is f kA/ !h '~ 15rplt~0-
fUl~ ·
HENNEPIN 1..-vliNTY PROPERTY INFORMATION SYSTEM (PROPERTY O'., .. isRS LIST) PAGE: I
38 17-117-23 11 0003
R L RO VICK & CJ ROVICK
1625 BOHNS POINT RD
ROGER L & CAROL J ROV!CK
1625 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 I I 0005
RANDALL A GREEN
1629 BOHNS POINT RD
RANDALL A GREEN
1629 BONHS POINT RD
ORONO MN 55391
/\I/ cho/4c iJo de~
38 17-117-23110006 ->, 38 17-117-23110007 38 17-117-23110008
~i.Li.v s. H HosBLE'f !(·0 i.-; 4 (c p J & KA HALLORAN TRusTEEs
1635 BOHNS POINT RD 1645 BOHNS POINT RD
GK NEWMAN JR & MM C NEWMAN
38 ADDRESS UNASSIGNED
GRAYDON K NEWMAN JR
MICHELLE M C NEWMAN
S]:gf!ifiN P & SJJSAN P MQSEI EY
1635 BOHNS POINT RD
WAYZATAMN 55391
38 17-117-23110011
G K NEWMAN JR & M MC NEWMAN
38 ADDRESS UNASSIGNED
GRAYDON K NEWMAN JR
MICHELLE M C NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
PATRJCK & KATHLEEN HALLORAN
1645 BOHNS POINT RD
WAYZATA MN 55391 1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0012
GK NEWMAN JR & M MC NEWMAN
38 ADDRESS UNASSIGNED
GRAYDON K NEWMAN JR
MICHELLE M C NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
/
TATION OF INFORMATION
RECEIVED
JUN I 7 2009
CITY OF ORONO
#3481
CIPlll --·= ~,aj ,~:=-==== -.--. .-. . --
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
) ss.
)
Richard Hendrickson , being duly sworn on
an oath , states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Plymouth, Wayzata, Orono Sun-Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn . Stat §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week , for~ successive
week(s); it was first published on Thurs-
day, the _8_ day of July ,
2010 , and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
-------~ 201 O; and printed
below is a copy of the lower case alpha-
bet from A to Z , both inclusive , which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice :
City of Orono
(Officia l Publication)
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Com miss ion will hold public hearings in th e
Orono Council Chambers at
2780 Kelley Parkway on Monday, July 19 , 2010, beginning
at 6:30 p.m. on the matter of rev iewing the following land
use applications and vacation requests:
10-3467 Steven Schussler and Sun hi Ryan, 1935 Con-
cordia Avenue, LR-1 C zoning district, request a variance
to have hardcover in excess of the allowed 25 percent in
th e 75 to 250 foot zone in order to construct an attached
garage.
10-3471 Wood hill Senior Cottages of Navarre, 2525 &
2545 Shadywood Road, B-4 Office and Professional
Business zoning district, requests conditional use permit
and site plan approval for a 24 bed memory ca re facility.
The site plan includes a variance to place the building 25
feet from the northwest side lot line adjacent to the prop-
erty at 2477 Shadywood Road when a 35 foot setback is
required . Th e applicant also req uests approval of a plat to
consolidate the three existing lots that comprise the site
into one lot and to vacate the drainage and utility ease-
ments associated with these lots.
1 u-3476 Davia Netjes, 550 East Long Lake Road , RR -1 B
zoning district, requests a conditional use permit for re -
grading of the property to prevent erosion onto East Long
Lake Road and to provide level areas for a sport court and
a wate r cistern for fire protection .
10-3477 John Roedel , 4725 North Shore Drive, LR-1 B
zonin g district, requests a variance to allow 43.4% hard-
cover within the 75 '-250' zone where 41 % currently exists
and 25% is norma lly allowed in order to construct a 192
sq uare foot patio.
10-3479 Phillip Whipple, 3095 Casco Point Road , LR-1C
zoning district, requests lot width and 75 '-250' and 250'-
500' zone hard cove r variances in order to construct a new
residence on the property as follows: lot width of 60 feet
at the OHWI and 65 feet at the 75' setback where 100 feet
is required; 31 .9% hardcover within the 75'-250' zone
where 25 % is normally a llowed ; and 33 .2% hardcover in
the 250'-500' zone where 30% is normally allowed.
10-3480 Welsh Senior Housing , 875 Wayzata Boule-
vard West, RR-1 B zoning district, requests the following :
RPUD Master Development Plan and CUP approval in
order to construct a 55-unit, 46,349 total square foot, se-
nior living facility ; a Comprehensive Plan Amendment to
~,,,......,...,.·,.::.·klmnopqrstuvwxyz allow a building footprint of 25,814 square feet where a
, 20 ,000 square foot building footprint is allowed; and a re-
zoning of the property from RR-1 B to RPUD multi-family.
/./.. 10-3481 Nicholas and Jodeen Kozlak , 1635 Bohns Point
Road , RR-1 B zoning district, request renewal of the vari-
~ ~ ances granted under 09-3417 to allow reco nstruction of
~/ .e.existing home 's first leve l including a higher ceiling , a
.,C---,L--\-=~~...-"::_'----------gabled roof with living space and within 75 ' of the OHWL
Subscribed and sworn to or affirmed
before me on this _8_ day of
July , 2010 .
Notary Public
,,. I . DIANE L ELIASON ' ~ "'-.1 MOTIi RY PUBLIC -MINNESOTA
·.~......._h _:~ 1'.l y Co111111 . Expir~:; J:111 . 31. 20 15 ~-------
of Lake Minnetonka where a 75' structural setback must
be met; reconstruction of the existing home's first level in-
cluding a higher ceiling , a gabled roof with living space;
and a garage ad dition with living space above ahead of
the average la kes hore setback. Also granted under 09-
34 17 and requested for renewal are the variances to allow
25.47% hardcover within the 0-75' setback zone where
0% is allowed and 24 .64% currently exists; and 32 .5%
hardcover within the 75 '-250 ' setback zone where 25% is
normally allowed and 34 .8% currently exists in conjunc-
tion with additions to the existing home.
All persons wishing to be heard are encouraged to attend
th is meeting . Th is is not a final or complete agenda and
is subject to change prior to the hearing . Written com-
ments are accepted and should be submitted to the City
of Orono by, July 14, 2010, if possible . Interested persons
may review the application at City offices. For an ap-
pointment , please call (952) 249-4620 .
City of Orono Planning Commission
By: Melanie Curtis
Planning & Zoning Coordinator
(July 8 , 2010) A2 July 19 Planning Comm. Mtg
Christine Mattson
From:
Sent:
To:
Planning [Planning@ci.orono.mn .us]
Saturday, January 02, 2010 5:35 PM
Christine Mattson
Subject: FW: Question From Orono Website :
-------------
From: Nicholas J Kozlak [SMTP :NKOZLAK@COMCAST.NET]
Sent: Saturday , January 02, 2010 5:35 :18 PM
To: Planning
Subject: Question From Orono Website:
Auto forwarded by a Rule
My name is Nick Kozlak and I am in the process of buying a property at 1635 Bohns Pt. There is an approved plan to
remodel the residence. I would like to meet with someone to discuss the timing of the approved plan and what I would
need to do to extend the deadline to proceed with the approved project. Please call or email me to let me know ifthere
is a convenient time to meet.
Thanks
Nick Kozlak
612-325-3539
Nicholas Kozlak
5125 Countv Road IO/, Ste 100
A1it1ne tonka,. A.fl \l 55345
jtfain: 952 -294-0353
Fax: 952-294 -015 I
Cell; 6 I 2-325-3539
nick([j;).oppidan. com
OPPJDAN
Builder of towns. Creator of value.
,,.,w1-1 1.oppidan. com
1
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SITE ADORE;SS: 1635 BQffnie,QJ,:iiiijqa~i'.
~ .. ~-:~?~/-~-
Nick & Jodee. Kozlak 1::~tnsP~.t ··.· ...
.)Jj/. ,iv!N •.
Dat~ Application Completed:
" 60 Day Deadline:
Date Incomplete Notice Sent:
Copy of Application Sent to:
__ Engineer on __
DNRon ___ _
_ __ County on __
_ __ MCWDon
LMCDon __ _
bate Property Owners Notified: 1-12,, (D
PC Meeting(s): 7/
, .. 1'f!O Vote:
Vote:
Vote:
7/Lf/tD
City Council. Me13ti1Jg(s): •
7/t~c/fD· Vote:
Vote:
Vote:
})
Plarmir,g and Zoi'iinQ
Renew Vari~nra 09-3-417
101-34420
Coml Use·-Variar.te-:-Dev Fees
Ch.:ck
Chee:k i~o: 9754
Payor:
Kozlak
fotal Appl i2d:
06/22/10 O! :02P/\i
350-.00
--...;..._.,. ______ _
350,00
350.0i)
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