HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Graydon & Michelle Newman
1655 Bohns Point Road
Wayzata MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 10/26/98
COUNCIL ACTION -MOTION:
APPLICATION NO. #2418
NOTICE OF COUNCIL ACTION
Date of Notice: October 29, 1998
COPIES:
VOTE: 4 FOR 0 AGAINST
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
Variance 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 application must be submitted no later
than 10/26/98.
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.
jlg
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 26, 1998
(#2413 Paul and Megan Bennett, Continued)
remarked the City is attempting to resolve this issue.
Mrs. Bennett stated they were mislead by the former owners and were not · informed about the
resolutions.
Mayor Jabbour stated he was sympathetic to the Bennetts' problem, and the City is taking
steps to ensure that all resolutions in the future will be attached to the title to the property .
Peterson inquired whether the City Council would be agreeable to allowing them to construct
the garage without the additional lot.
Weinberger stated this addition would increase structural coverage to 2,011.67 square feet or
31 percent where 1500 square feet is allowed. ·
Mayor Jabbour remarked the Applicant has the right to appear before the City Council and
request a garage without the additional land .
Weinberger noted the Planning Commission was uncomfortable approving this application
without the additional land.
Goetten moved, Flint moved, to adopt RESOLUTION NO. 4178 approving Application
#2413, 500 Hanlon Avenue, granting of variances from side yard adjacent to street
setback, rear yard setback, and side yard setback to allow a two car garage with second
floor living space to be attached to the existing residence subject to the property owners
acquiring the tax forfeit Lot (#24) and joining the lot with Lot (#1) to meet the intent of
the Council to limit the structural coverage on the lot. VOTE: Ayes 4, Nays 0.
Jabbour moved, Goetten seconded, to direct Hennepin County Tax Assessor to
collect the full special assessment amount. VOTE: Ayes 3, Nays 1, Peterson opposed.
*(#5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE
NE\VMAN, 1655 BOHN'S POINT ROAD-VARIANCE-RESOLUTION NO. 4179
Flint moved, Peterson seconded, to approve Application #2418, 1655 Bohn's Point
Road, and adopt RESOLUTION NO. 4179. VOTE: Ayes 4, Nays 0.
*(#6) #2421 JOANN JUNDT, 1400 BRACKETTS POINT ROAD -VARIANCE
RENE\VAL-RESOLUTION NO. 4180
9
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 26, 1998
(#2421 Joann Jundt, Continued)
Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point
Road, and adopt RESOLUTION NO. 4180. VOTE: Ayes 4, Nays 0.
(#7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE
Richard Gay was present.
Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the
maximum 3 1/2 height withi~ the average lakeshore setback to contain his two dogs. The
lot has unique topography and contains lots of natural vegetation. The proposed fence
would be visible to the adjacent property as it would be located on the property line between
the house and the lake.
The Planning Commission has determined the desire to keep the dogs on this property is not
a hardship and has recommended denial of the application.
Gay stated he has recently purchased the property and was unaware of the height restriction
on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three
years and would like to erect a fence to house the animals as well as provide an access into the
house. Gar stated the adjoining neighbor is not opposed to the fence.
Gay remarked the property is unique in that there is a steep hill in the back and the lot has
only one suitable area for a fenced in area. Gay stated he would be willing to reduce the
height of the fence to five feet and plant additional vegetation to screen the fence. Gay stated
the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property
is 18 to 20 inches below the neighboring lot.
Mayor Jabbour inquired whether the Applicant could submit a new application with a revised
location for the fence.
Van Zomeren stated the Planning Commission is having a work session on Friday and a new
application could be discussed at that time.
Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which
may be less desirable.
Goetten inquired whether the Applicant has considered invisible fencing for these dogs.
Gay stated since the dogs are rather large, the fencing would not be a viable option.
Peterson remarked that if this application is approved, it might set a dangerous precedent.
IO
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Assistant Zoning Administrator
DATE: 10/22/98
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2418 Robert Lund on behalf of Graydon and Michelle Newman
1655 Bohn's Point Road
· Variances--Public Hearing
Zoning District:
Lot Area:
LR-lB
70,881
One Family Lakeshore Residential District (1 Acre)
square feet (1.62 acres)
Application: The City Council approved variances to permit construction of a two-story
tower to the residence and to allow 11,605 s.f. (26.7%) of hardcover in the 75-250' lakeshore
setback.
This application requires the following variances:
1. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore
Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback.
2. Hardcover within the 75-250' lakeshore setback. Hardcover was approved to allow 11,605
s.f. (26.7%) hardcover.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B);
SECTION 10.56, SUBDIVISION 16 (C) (6);
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE #2418
WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 21, 1998, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and ·
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to
allow the construction of an addition encroaching 88' into the average lakeshore setback and
a pool to encroach 44' into the average lakeshore setback where no encroachment is normally
allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow
11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 s.f. (25%)
is allowed.
NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
FINDINGS
1. This application was reviewed as Zoning File #2418.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District.
3. The Planning Commission reviewed this application on September 21, 1998, and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot meets size and yard setback requirements.
B. The zoning lot is located on a peninsula and is irregular in shape.
C. Variances were previously granted for hardcover and average lakeshore
setback.
5. The City Council denied the applicant's request on September 28, 1998, but due
to not receiving complete information to base a decision upon, the applcation
was opened for reconsideration on October 12, 1998.
6. Property owners acknowledge that the proposed plan does not include outdoor
patios or decks. It is the intent of the City Council that future requests for
additional hardcover would not be looked upon favorably.
7. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 5
/~0~ 0 , .. o,
i \ · .•·• .d CITY of ORONO
~< ~~~ RESOLUTION OF THE CITY COUNCIL ~~ NO. _____ _
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56,
Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average
lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no
encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to allow 11,605 (26.7%) hardcover in the 75-250' lakeshore setback area
where 10,850 (25%) is normally allowed. Approval was subject to the following conditions:
1. No additional hardcover shall be allowed in the 75-250' lakeshore setback.
2. The observation tower shall not exceed the height of the roof line located over
the southeast portion of the proposed residence, as shown on the Elevation
sketches dated September, 1998 on file with the City of Orono Building and
Zoning Department.
3. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (October 12, 1999).
4. 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.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ __,;,.. ____ _
Adopted by the Orono City Council on this 12th day of October, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
October, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary . Public within and for said County, personally appeared
________________ known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary Public within and for said County, personally appeared
________________ known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
Page 5 of 5
r ·.I
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 12, 1998
(#4) #2404 OTTEN BROTHERS NURSERY -CONTINUED
Mayor Jabbour pointed out that the City Code· does not permit 12' hi~h fe~ces. Mayor Jabbour stated
he be! ieved it was not the intention of the Council to make Mr. Otten change his screening, have a
development agreement, and post a bond.
Gaffron stated the wording for item #5 came from staff to enable Mr. Otten to go ahead with the
proposed construction absent a plan for additional screening. ·
Kelley asked if Mr. Otten has complied with the original screening site plan.
Gaffron replied that he believes Mr. Otten to be in compliance with the original screening site plan .
Kelley questioned the height restriction and if staff has arrived at how many feet is allowed.
Gaffron stated he needs to review the plans with the building inspector before the document is finalized.
Gaffron stated the canopy existing is less than 18'.
Peterson asked if there are other properties in the City which has have undergone an intensification of
the property where the City has required more screening around the building.
Kelley replied Rick's Super Yalu's loading dock on the west side of the property.
Moved by Kelley, seconded by Peterson, t~ approve Amendment Number 1 to Planned Unit
Development No. 1 Agreement for East Willow Woods excluding item #5 (additional screening).
VOTE: Ayes 5, Nays 0.
(#5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN,
1655 BORN'S POINT ROAD -VARIAN CE
Robert Lund was present on behalf of Graydon and Michelle Newman.
Weinberger stated he was directed by the City Council at the September 26 meeting to draft a denial
resolution . Weinberger reported the Council approved a site plari for a new residence with a gazebo and
walkway at 26 .7% hardcover in 1997. Staff approved a revised plan on July 15, 1998 that removed the
gazebo from the side yard and a small tower from the lakeside of the residence . The applicant has
requested variances from the average lakeshore setback and hardcover to allow a swimming pool and
a 30' tower addition to be added to the staff approved plan. The residence is currently under
construction. A three story tower is being proposed. The first floor would be a gazebo, with office-
Page 3
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 12, 1998
(#5) #2418 ROBERT LUND, 1655 BORN'S POINT ROAD -CONTINUED
space on the second floor, _and an observation deck above that. The proposed tower protrudes higher
than the existing structure, therefore, the average lakeshore setback variance is required.
Mayor Jabbour commented that it looks as if the house has been moved further away from the lake.
Lund stated the house is about 500 square feet smaller than the original plan approved by Council.
Weinberger stated the current proposal shows the gazebo as originally approved in 1997. The gazebo
was removed before the building permit was issued. The property owners have proposed to construct
a swimming pool on the west end of the property where the storms have knocked down trees in the same
location as the gazebo was originally approved. Weinberger added that the turning radius of the
driveway was reviewed by staff, and it was determined that the amount of driveway proposed is adequate
to tum any passenger vehicle or passenger truck.
Moved by Peterson, seconded by Mayor Jabbour, to reconsidered application #2418. VOTE: Ayes
5, Nays 0.
Mayor Jabbour found the additional height on the building objectionable.
Goetten asked to review the original hardcover approved verses what is being proposed with the current
changes.
Weinberger reported the current proposed square footage for the house and attached garage is 5,922 s.f.
The original amount approved by the Council for the house and garage is 6,484 s.f.
Moved by Kelley, seconded by Goetten, to continue this matter until later in the meeting to enable
staff time to gather hardcover information.
Weinberger reported back to Council a breakdown of the hardcover for each of the proposed and
previously existing conditions on the properties. The total amount of hardcover Lund has requested is
11,605 s.f (26.7%). The Council previously approved 11,603.5 s.f. (26.7%).
Peterson questioned the 30' high tower and what the structure is located on the north side of the house.
Lund replied that it is a light tower that allows light in to that side of the house with no access to it.
Mayor Jabbour opposed the 30' high tower from the lake view.
Page4
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 12, 1998
(#5) #2418 ROBERT LUND, 1655 BOHN'S POINT ROAD -CONTINUED
Kelley questioned building a house with 6,000 s .f . plus a swimming pool on property located on Lake
Minnetonka, with no plans for decks or patios. Kelley was concerned about future proposals to add
hardcover for a deck or patio.
Lund stated the original home had a small terrace on the lakeside which the Newmans did not use much .
The proposed house is designed so that the first floor is 6" above grade. This design is to give you the
feeling that you are outside when you are actually inside . They will have a covered deck on the
northwest end of the house, from the breakfast room to the gables .
Mayor Jabbour voiced concern to Lund that in the future the applicants may be back asking for
additional variances for a deck/patio/terracing. Mayor Jabbour felt that a percentage of hardcover should
be set aside for additional terracing/decking/patio for future use.
Flint expressed concern over the 30' high tower. Flint felt it would look too massive from the lake. Flint
stated he would not favor this application with this tower.
Lund asked Council for a consensus as to what they would be looking for .
Moved by Peterson, seconded by Goetten, to . approve application #2418 removing the
gazebo/walkway, adding the pool, the tower to be no higher than the highest point on the south
garage side of the home, and to allow hardcover in the 75-250' setback to be 11,605 s.f. (26.7%).
Mayor Jabbour asked that the resolution note that Council is concerned with the lack of patios/decking,
that and the applicant recognizes this concern, and that the applicant requested Council to approve the
application as proposed and acknowledge that he or she may not have the right to add a patio/decking
in the future. ·
(#6) #2420 ROBERT RYAN, JR., 3535 CHRISTINE DRIVE -VARIAN CE -RESOLUTION NO.
4171
The Applicants were not present.
Moved by Kelley, seconded by Peterson, to adopt Resolution No. 4171 denying Application #24i0,
3535 Christine Drive. VOTE: Ayes 5, Nays 0.
Page 5
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 12, 1998
(#7) TONKA WA SHORES PRIVATE ROAD STANDARDS REVIEW
Dan Regan, 3410 North Shore Drive, was present.
Allan Stein on behalf of Kenneth Stein of 3400 North Shore Drive was present.
Gaffron reported to Council that on September 25, Dan Regan came before Council requesting a primary
driveway access to the new road which is going to be constructed for the Tonkawa Shores subdivision
being done by James Render. Staff had denied the request based upon the fact that this would be a
second access for Regan's property, and he already has one access on North Shore Drive. The road
which is being proposed by Render has been approved at a substandard width in a substandard size outlot
as a private road to serve three users, and now this is a fourth.
Gaffron stated that Council heard from Dan Regan at their September 25 meeting and suggested Regan
and James Render devise a proposal for increasing the width of Render's road to accommodate a fourth
user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to
continue their occasional use of the old 16' easement. Council also suggested the neighborhood be
notified of this request. Gaffron stated the neighborhood was notified. Gaffron noted the existing 16'
easement is in question as to who owns it and if it is a public or private easement. Gaffron also noted
the existing 20' sewer line easement to the south of the 16' easement is an encroachment into the
neighboring properties to the south. Gaffron reported the initial approved proposal is a 16' driveway to
serve the three newly developed lots. Gaffron stated that Regan and Render are proposing to construct
a 20' road instead of a 16' road, to serve four lots with a potential of up to six users.
Mayor Jabbour questioned the cost for the project.
Gaffron replied that Regan indicated would accept the additional cost of widening Render's road from
16' to 20', including engineering design, grading, paving, and drainage. Regan would also be responsible
for a shared 25% of future maintenance cost. It was also suggested that the covenants be revised such
that any additional adjoining property owner who potential would be served by this road (3400 & 3420
North Shore Drive) could come in only after having approval by a majority of all property owners bound
by the declaration, and must agree to join the declaration.
Regan stated that his title does not show a 16' easement to the City but rather a 16' private easement, and
the County easement for County Road 51 along the front of his property, and a 20' easement to the City
for sanitary sewer.
Barrett stated in his opinion the plat for "Tonkawa Shores" should not be filed until the issue with the
easement is resolved. Also, the attorney for Mr. Render should be put on notice and the matter resolved
quickly.
Page 6
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Assistant Zoning Administrator
DATE: 10/9/98
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2418 Robert Lund on behalf of Graydon and Michelle Newman
1655 Bohn's Point Road
Zoning District:
Lot Area:
V ariances--Public Hearing
LR-lB
70,881
One Family Lakeshore Residential District (1 Acre)
square feet (1.62 acres)
The City Council voted 5 to O to deny the variances requested by Robert Lund on behalf of Graydon
and Michelle Newman, 1655 Bohns Point Road, to allow an average lakeshore setback variance for
a pool structure and an average lakeshore setback for a 30' tower to be constructed on the lakeside
of the home for a first floor open porch with office space above. The applicant also intended to
receive a hardcover variance to allow 11,605 s.f. of coverage in the 75-250' lakeshore setback.
Mr. Lund will be present at the October 12, 1998 City Council meeting to request clarification of
the action taken on September 28, 1998 to deny his request on behalf of Graydon and Michelle
Newman. He has submitted several exhibits that are attached to this memo for discussion on
Monday night.
Lot History:
1. A residence existed on the lot at the time the City Council granted a hardcover
variance on July 28, 1997 (DWG-1). The City Council granted a variance for
hardcover to not exceed 11,603.5 s.f. (26.7%) meeting the conditions that were
legally existing on the property prior to removal of the proposed residence.
2. The City Council granted variances on July 28, 1997 to allow the residence to
encroach into the average lakeshore setback, and to allow 11,606 s.f. (26.7%) of
hardcover in the 75-250' lakeshore setback where 10,850 s.f. (25%) is allowed and
11,606 s.f. (26. 7%) existed at the time of application. Approval was in accordance
with the survey and site plan submitted with Zoning Application #2265 on file with
the City of Orono Department of Building and Zoning, dated February 12, 1996
(DWG-2).
3. City Staff approved a site plan change to allow a smaller footprint to be located
farther from the lakeshore and issued a building permit on July 15, 1998. Staff
determined that the revised plan met the intent of the City Council approval.
The new house plan removed a smaller tower structure, and a gazebo with outdoor
walkway. The home location was turned slightly to face the lake more directly
(Building Permit Approval -Plan A).
5. The request considered at the September 28, 1998 meeting would include adding the
tower that was removed from the plan at the time the building permit was issued and
adding a swimming pool that would require hardcover and average lakeshore setback
variances (DWG-3).
The applicants are allowed the hardcover granted by variance on July 28, 1997 (amended 7/15/98)
to allow the building envelope and site plan previously approved because a building permit was
issued before the variances expired. The building permit is valid until July 15, 1999.
Application: The applicants had proposed to construct an addition to the residence with a
pool terrace on the property meeting all yard requirements. The house would be located 91' from
the lakeshore, encroaching 88' into the average lakeshore setback. The edge of the pool terrace
would be located 114' from the lakeshore, encroaching 44' into the average lakeshore setback. A
variance is required from the average lakeshore setback to allow for these structures. The property
is located on a point causing the average lakeshore setback distance to be pushed back on the lot.
This application required the following variances:
1. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore
Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback.
2. Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance
to allow 26. 7% hardcover. They have presented a revised plan with the same amount of hardcover
that was approved last year. They also plan to remove a play house that is located within a required
side yard setback.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed denial resolution.
ATTACHMENTS
A. Denial Resolution
B. DWG-1 -Site Plan before demolition
C. DWG-2 -Approved Site Plan (July 28, 1998)
D. Plan A -Building Permit Approved Site Plan (July 15, 1998)
E. DWG-3 -Proposed Site Plan -Zoning Application #2418 -Denied September 28, 1998
F. Proposed Dwelling Photo
G. Elevation Plans (1997 Approval -1998 Denial)
H. Elevation Plans for proposed structure
I. 1997 Tower Footprint
J. 1998 Tower Footprint
K. Driveway Turning Radius Study
L. Site Hardcover
M. Property Photos
A RESOLUTION DENYING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B);
SECTION 10.56, SUBDIVISION 16 (C) (6);
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE #2418
WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 21, 1998, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to
allow the construction of an addition encroaching 88' into the average lakeshore setback and
a pool to encroach 44' into the average lakeshore setback where no encroachment is normally
allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow
11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 s.f. (25%)
is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 4
FINDINGS
1. This application was reviewed as Zoning File #2418.
2. The property is located in the LR-lB, One Family Lakeshore Residential Zoning
District.
3. The City Council granted variances on July 28, 1997 to allow the residence to
encroach into the average lakeshore setback, and to allow 11,606 s.f. (26. 7%) of
hardcover in the 75-250' lakeshore setback where 10,850 s.f. (25%) is allowed
and 11,606 s.f. (26. 7%) existed at the time of application. Approval was in
accordance with the survey and site plan submitted with Zoning Application
#2265 on file with the City of Orono Department of Building and Zoning, dated
February 12, 1996.
4. A residence existed on the lot at the time the City Council granted a hardcover
variance on July 28, 1997. The City Council granted a variance for hardcover
to not exceed 11,603.5 s.f. (26.7%) meeting the conditions that were legally
existing on the property prior to removal of the proposed residence.
5. City Staff approved a site plan change to allow a smaller footprint to be located
farther from the lakeshore and issued a building permit on July 15, 1998. Staff
determined that the revised plan met the intent of the City Council approval.
· 6. The City Council finds that the conditions existing on this property have
changed since the original house has been removed. The approval to allow
26.7% hardcover was granted due to 26.7% hardcover existing on the property
at the time of application. The conditions that existed at the time the hardcover
variances were granted have changed. Subsiquently, the home has been removed
and the new foundation and a portion of the first level of the new residence are
complete. The request for additional hardcover on August 19, 1998 occurred
following the removal of the preexisting house.
7. The applicants are allowed the hardcover granted by variance on July 28, 1997
( amended 7 /15/98) to allow the building envelope and site plan previously
approved because a building permit was issued before the variances expired.
The building permit is valid until July 15, 1999.
Page 2 of 4
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments by the
applicants and the effect of the proposed variance on the health, safety and welfare of
the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
denies variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56,
Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average
lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no
encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to allow 11,605 (26.7%) hardcover in the 75-250' lakeshore setback area
where 10,850 (25%) is normally allowed.
Adopted by the Orono City Council on this 28th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
Gabriel Jabbour, Mayor
ss.
The foregoing instrument was acknowledged before me on this 28th day of
September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
Page 3 of 4
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary Public within and for said County, personally appeared
-----------------known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary Public within and for said County, personally appeared
-----------------known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
Page 4 of 4
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Graydon and Michelle Newman
1655 Bohns Point Road
Wayzata MN 55391
TYPE OF APPLICATION: Variance
APPLICATION NO. #2418
NOTICE OF COUNCIL ACTION
Date of Notice: September 30, 1998
COPIES: Robert Lund
4829 E Lake Harriet Pkwy
Minneapolis MN 55409
____________________ , ___________________________________________________________________________________________ _
DATE OF MEETING: 09/28/98
COUNCIL ACTION -MOTION:
VOTE: 0 FOR 5 AGAINST
To deny the request for a hardcover variance and variance from average lakeshore setback based on
prior approvals for hardcover and average lakeshore setback in 1997.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
a~er review and approval by the City Council.
jlg
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(#2401 Thomas and Margaret Radke, continued)
Radke stated he does not have a problem with that, noting he is proposing to construct a 1 0' by 14'
shed .
Kelley moved, Goetten seconded, to adopt RESOLUTION NO. 4163 approving Application
#2401, 3424 Eastlake Street, granting of a variance to allow an accessory building to be
constructed on a lot without a principal structure not to exceed 12' by 15', and reserving the right
for the adjoining neighbor to construct a shed, not to exceed 12' by 15', on the same lot. VOTE:
Ayes 5, Nays 0.
(*#6) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE
NORTH -SUBDIVISION -RESOLUTION NO. 4164
Goetten moved, Peterson seconded, to approve #2408, 900 Willow Drive North, adopting
RESOLUTION NO. 4164, A Resolution Approving a Subdivision of a Lot Line Rearrangement
of a Property Located at 900 Willow Drive North. VOTE: Ayes 5, Nays 0. ·
(*#7) #2412 STEVE WHITE, 4355 BAYSIDE ROAD -RENEWAL SUBDIVISION -
RESOLUTION NO. 4165
Goetten moved, Peterson seconded, to approve #2412, 4355 Bayside Road, adopting
RESOLUTION NO. 4165, A Resolution Approving a Metes and Bounds Class I Subdivision
of Property Located at 4355 Bayside Road. VOTE: Ayes 5, Nays 0.
(*#8) #2414 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE -VARIANCES -
RESOLUTION NO. 4166
Goetten moved, Peterson seconded, to approve #2414, 1422 Park Drive, adopting
RESOLUTION NO. 4166, A Resolution Granting Variances to Allow for the Construction of
a Garage at 1422 Park Drive. VOTE: Ayes 5, Nays 0.
(*#9) #2415 TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO
CIRCLE-CONDITIONAL USE PERMIT/VARIANCES-RESOLUTION NO. 4167
Goetten moved, Peterson seconded, to approve Application #2414, adopting
RESOLUTION NO. 4167, a Resolution Granting After-the-Fact Variances and an After-the-Fact
Conditional Use Permit to Allow the Replacement of a l)eck and Land Alteration within
75' of the Lakeshore for Landscaping and Rock. VOTE: Ayes 5, Nays 0.
· (#10) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN,
1655tJOHN'S POlNT ROAD -VARIANCE
Page 8
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(#2368 Kirk Otteson, continued)
foet to comply with the average lakeshore setback.
Mayor Jabbour stated the City Council usually does not get involved in structural issues but defers
those matters to the building inspector.
Otteson stated he had a structural engineer review the foundation of the house and he has stated
the present foundation is okay to build on, after underpinning along one wall.
Mayor Jabbour suggested Mr. Otteson contact the building inspector and work that matter out between
the two of them.
Moorse stated the building inspector preferred that a new foundation be built.
Mayor Jabbour stated the issue before the City Council tonight is if we had understood that this house
would be tom down to the foundation would we still have approved these variances.
Otteson stated the intent of the project remains the same in his view and he is merely trying to
meet current standard constmction practices. Otteson stated they felt they were in a gray
area as to what they were allowed to do under the application. Otteson remarked the building
inspector has stated the joists are not adequate to build on and need to be replaced which was not
kno\\n until some sheetrock was removed from the wall.
Kelley commented it is usually hard to predict what will need to be replaced until the project is
underway, noting he is in favor of the project going forward. Kelley stated if the foundation needs to
be replaced based upon the opinion of the building inspector, then the application should be reviewed.
Goetten stated the safety of the occupants needs to be taken into consideration.
Mayor Jabbour commented minor repair of the foundation is okay.
Van Zomeren stated the Applicants are planning to have the foundation certified and are attempting
to comply with the City's requirements.
Goetten moved, Peterson seconded, to approve #2368, 710 North Arm Drive, allowing
construction to continue as originally approved subject to certification by a structural
engineer that the foundation can be built upon. VOTE: Ayes 5, Nays 0.
(#5) #2401 THOMAS AND MARGARET RADKE, 3424 EASTLAKE STREET -
VARIANCE/RESOLUTION NO. 4163
Thomas and Margaret Radke were present.
Kelley stated he is not opposed to the application, but has concerns about the other property owner
wanting to build a shed on the property in the future. Kelley stated the neighbor should be allowed to
construct a similar shed on the property if he so desires.
Page 7
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(:¥2418 Robert Lund on behalf of Graydon and Michelle Newman, continued)
Kris Hoff, a Representative of Robert Lund Associates Architects, LTD., was present on behalf
of Graydon and Michelle Ne\\man.
Weinberger stated the Planning Commission has recommended approval of this application which
calls for a variance to the average lakeshore setback and a variance to the hardcover within the
75'-250' lakeshore setback.
Goetten inquired whether the residence was existing at the time the 26.7 percent hardcover was,
approved.
Weinberger stated the house was not tom down at that time.
Goetten commented when a residence is tom down and a new residence constructed, it is the
policy of the City Council to have the new residence conform to the 25 percent hardcover limit.
Goetten inquired whether the guest house still exists.
Hoff replied that the guest house still exists.
Weinberger stated there is no conditional use permit for the guest house.
Hoff stated the variance to the hardcover has already been granted and the Applicants are
requesting to revise their plan.
Mayor Jabbour stated the house was removed in October, 1997.
Kelley stated he agreed with Mayor Jabbour and Goetten in their view that hardcover should be
limited to 25 percent on the new residence. Kelley inquired why the guest house was not included in
the application when the Applicants applied for a building permit to construct a new residence.
Weinberger indicated the guest house is an existing structure.
Goetten inquired whether the proposed driveway will be adequate.
Peterson moved, Jabbour seconded, to deny Application #2418, 1655 Bohn's Point Road.
VOTE: Ayes 5, Nays 0.
(#11) #2419 ROBERT LUND ON BEHALF OF WILLIAM AND ANASTASIA HOEFT, 1725
BORN'S POINT ROAD -VARIANCE -RESOLUTION NO. 4169
Kris Hoff, a Representative of Robert Lund Associates Architects, LTD., was present on behalf of
William and Anastasia Hoeft.
Weinberger stated the Applicants are requesting to construct a new residence on the property.
Hoff commented the Applicants are proposing to construct the residence at this location to avoid
Page 9
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(#2419 Robert Lund on behalf of William and Anastasia Hoeft, continued)
setting the house on top of a hill which would put the house above the other homes in the area.
Mayor Jabbour stated he is in favor of the variance.
Kelley moved, Goetten seconded, to approve Application #2419, adopting
RESOLUTION NO. 4169, A Resolution Granting Variances to Allow for the Construction of
a Residence at 1655 Bohn's Point Road. VOTE: Ayes 5, Nays 0.
(#12) #2420 ROBERT RYAN, JR., 3535 CHRISTINE DRIVE -VARIANCE
The Applicants were not present.
Jabbour moved, Flint seconded, to deny Application #2420, 3535 Christine Drive.
VOTE: Ayes 5, Nays 0.
Van Zomeren stated the Applicants were notified of tonight's hearing.
(#13) ZONING CODE AMENDMENT -PLUMBING IN ACCESSORY STRUCTURES
Kelley inquired why the City Council was wishing to change the zoning code.
McMillan, Planning Commission Representative, stated the Planning Commission has been working
on this issue in an attempt to give City Staff some direction on how to deal with these applications.
Moorse commented City Staff had requested some guidelines on how to regulate plumbing fixtures
in accessory structures.
Gaffron stated City Staff wanted direction on how to deal with applications requesting the
installation of plumbing fixtures in accessory buildings. Gaffron stated this amendment allows City
Staff to issue permits without restrictions for certain items, issue permits subject to specific restrictions
or covenants for others, and to seek City Council approval whenever a conditional use permit is
required.
Mayor Jabbour inquired whether it is the City Council's intent to allow accessory structures with
plumbing.
Daniel Kluth, 2801 Fox Street, commented he understands the City Council's desire to regulate
these type of structures.
Mayor Jabbour stated this amendment would allow those non-confom1ing legal accessory structures
that have had the plumbing removed previously to re-install the plumbing.
McMillan stated overall accessory structures pose a problem to the Planning Commission and City
Staff and guidelines need to be established for the City to follow.
Page 10
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Graydon and Michelle Newman
1655 Bohn's Point Road
Wayzata MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 09/22/98
ZONING FILE #2418
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: September 23, 1998
COPIES: Robert Lund
4829 East Lake Harriet Pkwy
Minneapolis MN 55409
VOTE: 6 FOR O AGAINST
Planning Commission recommends the following:
Approval subject to conditions noted below.
NOTES AND SPECIAL CONDITIONS:
No additional hardcover would be allowed on the lot.
Applicant's next scheduled meeting is confirmed as:
City Council September 28, 1998; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available
from the City Recorder after review and approval by the Planning Commission.
jlg
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2415 Terry Sanders on behalf of Kevin Kennefick, continued)
The Applicants had no comment .
There were no public comments.
Lindquist stated he did not have a problem with the application.
Stoddard inquired why the necessary permits were not obtained before the work was commenced.
Kennefick stated he had obtained numerous permits to remodel the interior of the residence but
overlooked the permits for the outside work .
Schroeder moved, McMillan seconded, to approve Application #2415, 3241 Casco Circle,
granting of an after-the-fact variance for hardcover of 8,004 square feet within the
75-250' lakeshore setback, double application fees, and approval of an after-the-fact
conditional use permit to allow boulder outcroppings and grading to occur within 75' of the
lakeshore subject to no further land alteration without receiving necessary permits from the
City. NO VOTE TAKEN.
Chair Smith recommended adding the stipulation that no further hardcover would be allowed in the
future on the property. Lindquist concurred.
Kennefick inquired whether he would be able to trade hardcover in the future , noting he has
attempted to reduce hardcover.
McMillan remarked no additional hardcover would be allowed .
Schroeder moved, McMillan seconded, to amend the motion to include the stipulation that
no new hardcover would be allowed in the 75-250' lakeshore setback. VOTE: Ayes 6, Nays 0.
(#8) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655
BOHN'S POINT ROAD -VARIANCE, 8:07 p.m. -8:11 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Robert Lund on behalf of the Newmans was present.
Weinberger stated the applicants have proposed to construct an addition to the new resid _ence and a
pool terrace on the property meeting all yard requirements . A variance is required from the average
lakeshore .setback requirement for these structures .
The Applicants received variances from the average lakeshore setback and hardcover to construct .
a new residence in 1997 , and are requesting to maintain the 26.7 percent hardcover allowed in the
0-75' setbacak although the site plan has changed . They have reduced the driveway and have
added a pool.
Robert Lund had no comment.
There were no public comments.
Chair Smith stated she was okay with the application.
Page 8
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2413 Paul and Megan Bennett, continued)
Chair Smith noted side yard and rear yard variances are needed as well.
McMillan stated there were hardships that exist for this property.
Lindquist stated he has a problem with increasing structural coverage on this property.
Chair Smith commented the Planning Commission was attempting to find ways to reduce structural
coverage.
Bennett stated structural coverage was being increased by 450 square feet, noting the deck could be
reduced somewhat.
Chair Smith inquired whether the deck and kitchen could be reduced.
Stoddard noted this is a substandard lot comprising of .15 acres, and recommended pursuing
purchase of the tax forfeited piece of property. Stoddard stated he typically looks favorably upon
applications for garages but would like to see hardcover reduced somewhat. .
McMillan remarked the Applicant could consider construction of a one-car garage as an option.
Schroeder stated he would be in favor of this application if the two lots were combined.
Chair Smith recommended the application be tabled.
Schroeder stated it is not the Planning Commission's suggestion that you purchase the property
but merely to look into the possible purchase. Stoddard concurred.
Bennett agreed to tabling the application.
Smith moved, Lindquist seconded, to table Application #2413, 500 Hanlon Avenue, to
allow the Applicant time to submit revised plans. VOTE: Ayes 6, Nays 0.
(#7) TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO CIRCLE -
CONDITIONAL USE PERMIT AND VARIANCES, 7:56 p.m. -8:07 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Kevin Kennefick and Terry Sanders were present.
Weinberger stated the applicants are applying for an after-the-fact variance and an after-the-fact
conditional use permit to allow the replacement of a deck on the lakeshore side of the home and
land alteration within 75' of the lakeshore for landscaping and rock.
The applicants have constructed a new deck in the same location as the previous deck with a
changed footprint. The newly constructed deck requires a variance from the allowed hardcover in
the 75-250' lakeshore setback. The hardcover is being reduced from 42.5 percent to 39.8 percent.
Weinberger stated the Applicants have also done some landscaping work which involved installing
boulder outcroppings on a steep hill towards the lakeshore to alleviate the dangerous situation with
attempting to mow the steep hill.
Page 7
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2418 Robert Lund on behalf of Graydon and Michelle Newman, continued)
Lund noted there was a typographical error on page two of the Planner's Report.
Weinberger stated it should read within the 75-250' lakeshore setb.ack.
Stoddard moved, Schroeder seconded, to approve Application #2418, 1655 Bohn's Point
Road, granting of a variance from average lakeshore setback requirements and a variance
from the hardcover requirements as outlined in the August 10, 1998 Planner's Report.
VOTE: Ayes 6, Nays 0.
(#9) #2419 ROBERT LUND ON BEHALF OF WILLIAM AND ANASTASIA HOEFT, 1725 BOHN'S
POINT ROAD, 8:11 p.m. -8:17 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Robert Lund on behalf of the Hoefts was present.
Weinberger stated the Applicants are proposing to construct a new residence on the property
meeting all yard requirements. A variance is required from the average lakeshore setback
requirements.
Staff recommends approval of the application due to a hardship since the property is located on a
pennisula.
Chair Smith inquired whether terrace implied a roof or above-ground structure.
Lund commented the pool terrace is located several feet below the first floor of the residence,
noting the primary reason for the variance is to avoid putting the house on the hill to blend in with
the neighboring properties.
Lindquist stated he has no problem with the application. McMillan concurred.
There were no public comments.
Stoddard inquired of the history of the previous residence.
Weinberger stated the old residence was razed last year.
Lindquist moved, McMillan seconded, to approve Application #2419, 1725 Bohn's Point
Road, granting of a variance to the average lakeshore setback. VOTE: Ayes 6, Nays 0.
(#10) #2420 ROBERT RYAN JR., 3535 CHRISTINE DRIVE -VARIANCE, 8:18 p.m. -8:43 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Mr. and Mrs. Ryan, Jr., was present.
Weinberger stated the Applicant is proposing to construct a 90 foot wind tower as an additional
source for electricity to serve his property due to periodic NSP power outages, sometimes days at a
time. Weinberger remarked the Applicant has experienced ten power outages since July, 1997.
Page 9
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2420 Robert Ryan, Jr., continued)
This property lies within the RR-1 B zoning district, and is comprised of 1.62 acres. The
neighborhood is developed as a residential cul-de-sc neighborhood of lots approximately two acres
in size. The neighborhood also has a covenant in place restricting any out buildings or structures
from being built without approval of an Architectural Review Committee established in the covenant.
The Applicant is proposing to locate the tower closer than 90 feet to the lot lines, which may pose
a potential public safety issue and would be visible to the neighbors as well. The Zoning Code does
not allow structures to exceed 30 feet in height, which would require a height variance from the 30
feet maximum allowed.
Staff recommends denial of the application.
Mr. Ryan stated they are unsure at this time of the exact height of the tower, noting the tower needs
to clear the trees to order to be effective. Ryan commented that neighboring properties have CB
towers, which average 60 feet, and this wind tower should pose no hazard to the neighbors as it is
recommended for home use and there are no structures nearby. Ryan also stated the committee
outlined in the covenant has been non-existent for the past four years.
Chair Smith noted a letter dated September 20, 1998, has been received from Susan Manikowski, a
resident in the neighborhood, and presented a copy of the letter to the Applicants.
Clem Kroll, 60 South Stubbs Bay Road, stated he currently owns nine acres which can be subdivided
into four lots, and has concerns with the height, location, and reduction in property values should the
tower be installed.
Chair Smith inquired whether the committee was active in the neighborhood.
Kroll stated the members of the committee were in attendance at tonight's meeting.
Schroeder noted the problem lies with NSP and the tower should not be allowed at the expense of
the neighbors.
McMillan stated the wind tower is not allowed under Orono's Codes.
Schroeder suggested the Applicant purchase a portable generator to help solve the outage problems.
Ryan stated he has a portable generator, which has not resolved the outage problem, and
expressed concerns over possible outages due to the year 2000 problem.
Susan Manikowski, 3505 Christine Drive, stated they moved to this quiet neighborhood about
three and a half years ago and would like to keep the area rural as much as possible. Manikowski
raised concerns about the wildlife, lightning strikes, noise from the generator, and the possible
danger to the neighboring properties should the tower fall. Manikowski requested the Planning
Commission deny the request.
Ryan stated he has spoken with the Homeowners Association and said he would be willing to
put the wind tower in temporarily until after the power outage problem is resolved. Ryan commented
he felt the City will be having more requests of this nature in the future.
Berg inquired why he felt that way.
Ryan remarked that he doesn't feel NSP will be able to adequately supply electricity, especially
Page 10
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Assistant Zoning Administrator
DATE: August 16, 1998
SUBJECT: #2418 Robert Lund on behalf of Graydon and Michelle Newman
1655 Bohn's Point Road
Variances--Public Hearing
Zoning District: LR-lB One Family Rural Residential District (1 Acre)
Lot Area: Irregular
Application: The applicants have proposed to construct a new residence with a pool terrace
on the property meeting all yard requirements. The house would be located 91' from the lakeshore,
encroaching 88' into the average lakeshore setback. The edge of the pool terrace would be located
114' from the lakeshore, encroaching 44' into the average lakeshore setback. A variance is required
from the average lakeshore setback requirement for these structures. The property is located on a
point causing the average lakeshore setback distance to be pushed back on the lot.
Last year the applicants received variances from the average lakeshore setback and hardcover to
construct a new home. The applicants are requesting to maintain the 26.7% hardcover allowed in
the 75-250' setback although the site plan has changed. They have downsized the driveway and have
a new house footprint, also they have added a pool.
This application requires the following variances:
I. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore
Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback.
2. Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance
to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover
that was approved last year. They also plan to remove a play house that is located within a required
side yard setback.
Lot History: In July 1997 the City Council adopted Resolution No. 3939 allowing an
Average Lakeshore Setback variance that would allow a new residence to be constructed on the lot.
The proposed house would have been approximately 1 O' closer to the lake than the new plan.
#2420 Robert C. Ryan Jr.
3535 Christine Drive
Variance
9/21/98
Pagel
The resolution also approved variances to allow hardcover of 12.3% in the 0-75' setback and a
variance to allow 26.7% hardcover in the 75-250' setback. The applicants wish to maintain the
12.3% existing hardcover in the 0-75' setback to include a deck, walkway, retaining wall and stone
block.
Previous variances have been approved on October 9, 1995 (Resolution No. 3618) for the property
to allow hardcover for concrete walks and retaining walls along the lakeshore. A conditional use
permit was granted at that time to allow filling and grading to stabilize the lakeshore. The applicant
does not intend to make any changes within the 0-75' lakeshore setback.
Pertinent Ordinances:
• Section 10.56, Subd. 16(C)(6): Average Lakeshore Setback
• Section 10.22, Subd. l(B): Average Lakeshore Setback
• Section 10.56, Subd. 16(L)(2): Hardcover Regulations
• Section 10.22, Subd. 2: Hardcover Regulations
#2419 Graydon and Michelle Newman
1655 Bohn's Point Road
Variances
9/21/98
Page 2
ANALYSIS
Lot Area and Yards
LR-lB Lot Area Lot Width Lakeside Yard Side Yard Street Yard
(1 acre)
Required 43,560 s.f. 140' 75' 10' 35'
The property does meet lot area and width requirements for the LR-lB zoning district. However,
the house and pool structure would not meet the required Average Lakeshore Setback. The residence
would encroach 88' and the pool terrace would encroach 44'. The pool terrace would not be located
closer to the lake than the principal residence.
Hardcover
Distance Total Area in Existing Allowed Proposed Variance
from Setback Hardcover Hardcover Hardcover Requested
Shoreline
0-75' 25,360 s.f. 3,120 s.f. none 3,120 s.f. none
(12.3%) (0%) (12.3%)
75-250' 43,400 s.f. 11,606 s.f. 10,850 s.f. 11,605 s.f. 1.7% as was
(26.7%) (25%) (26.7%) approved
7 /28/97, per
changes
submitted
8/22/98
The applicants have requested a variance to maintain the 11,605 s.f. of hardcover they were allowed
last year. The applicants have proposed to remove portions of the driveway and an accessory
building located within a required side yard setback to add a gazebo to the lakeside of the home and
a pool. A building permit has been issued and the foundation installed for the house. At the time
of this report the main floor of the home construction has begun. The applicants have not applied
for a building permit to construct the pool at this time.
#2419 Graydon and Michelle Newman
1655 Bohn's Point Road
Variances
9/21/98
Page3
Structural Coverage
The lot does not exceed the allowed lot coverage of 15%.
ANALYSIS
Variance
STATEMENT OF HARDSHIP
The applicant's have included their statement of hardship in Exhibit B. The applicant should also
be asked for their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The applicants have begun construction of the home as per the approved hardcover and
average lakeshore setback. As a result of obtaining a building permit within one year of the
variance approval they can utilize the 26.7% hardcover for the plan as presented in Zoning
Application #2265.
The new site plan would require an average lakeshore setback variance to allow the revised
house plan and the pool. A hardcover variance would have to be approved to allow the
construction of the pool.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property's sight lines are not affected by placing the home closer to the lake than the
Average Lakeshore Setback. The setback line is pushed back on the lot as a result of being
located on a peninsula. The hardcover variance for the same amount of hardcover was
approved last year, but the plan change to allow a pool would require another variance. It
should be noted the lot is pie shaped limiting the land located within the 75-250' setback.
3. The variance, if granted, will not alter the essential character of the locality.
#2419 Graydon and Michelle Newman
1655 Bohn's Point Road
Variances
9/21/98
Page4
The variance would not change the locality. The property would be used as a single family
residential lot with a swimming pool as a permitted accessory structure.
4. Economic considerations alone shall not constitute an undue hardship ifreasonable
use for the property exists under the terms of this chapter.
Economic factors are not a consideration with this application.
5. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
The use of the property would remain residential, which is consistent with the zoning. A
swimming pool is allowed as an accessory structure in the zoning district.
6. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The lot is located on Bohn's Point. The properties do not entirely face the same direction.
The subject property is located on a curve creating a lakeshore view to the southwest. The
easterly property would have a lakeshore view to the south. The topography of the land and
vegetation also creates a visual barrier between all affected lots.
The applicant's lot is pie shaped resulting in the 75-250' setback not being representative for
an average lot in the zoning district.
7. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The lots are located on a point resulting in an Average Lakeshore Setback line being pushed
towards the back of the applicant's property.
8. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicants are exceeding the lakeshore setback by approximately 44'. The proposed
location of the structure on the property was approved as part of the variances last year. The
applicant is requesting trading approved hardcover from the driveway for a swimming pool.
9. The granting of the proposed variance will not in any way impair health, safety,
#2419 Graydon and Michelle Newman
1655 Bo/m's Point Road
Variances
9/21/98
Page 5
comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.
· The granting of variances would not be a public hazard or contrary to the intent of the Zoning
Code.
10. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
The applicant's have demonstrated a hardship by the location of the lot on a point affecting
the location of the Average Lakeshore Setback. It has also been demonstrated there would
be minimal visual impact on the neighborhood.
I . The applicants are requesting a variance from Average Lakeshore Setback requirements to
allow a slight plan change to the residence and adding a swimming pool on the north side of
the property.
2. The lots are not consistent in the direction they face the lake.
3. All lot requirements would be met by the proposal.
4. On July 28, 1997 the City Council issued a variance from allowed hardcover in the 75-
250' lakeshore setback to allow the construction of a new residence with additional driveway
space. The new proposal would permit trading hardcover from the driveway for the
swimming pool.
5. As a conditional of the approval for hardcover of26.7% in the 75-250' setback the applicants
would remove a structure that encroaches into the side yard setback.
6. The property contains a small guest house that would remain on the property.
STAFF RECOMMENDATION
• Staff recommends approval of the variance from Average Lakeshore Setback requirements
based on prior approvals for average lakeshore setback and to allow hardcover of 26. 7%.
#2419 Graydon and Michelle Newman
1655 Bohn's Point Road
Variances
9/21/98
Page 6
Attachments
A Application
B Statement of Hardship
C Plat Map
D Location Map
E Survey/Site Plan
F Hardcover Calculations
G Approved Site Plan
H Minutes from the 7 /28/97 City Council Meeting
I Resolution No. 3939
J Property Owners List
K Permit Record for 1655 Bohns Point Road
L Resolution No. 3618
#2419 Graydon and Michelle Newman
1655 Balm's Point Road
Variances
9/21/98
Page 7
.. ' -. -· ~. .
1--. ! •
CITY OF O_RONO -VARIAN CE APPLICATION
. Initial Application Fee _ $250.00
.($50.00 per each additional variance)
Renewal Variance Fee $156.00 _ .. -
. (no change from original· application)
Variance for non-conforming structures '$250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
SiteAddress l 655 Bohn' s Paint Boad
Application # JH 18. -· ·.
Date Received '6-IC"i-9'8
-: : Amo_unt _ Paid. a';:{)-
-1
A
Property Identification Number (P.I.D.) __ 1_7..;;;;l..;..l....;..7_2.;;;..3=1=1.;;;..0.;;..0.;;..0 =-2 __________ _
Attach legal description to application if not included on required survey.
Date Property Acquired ___________________ (month/year)
''i (do) ~~!DllOX) also own the adjacent parcels of land.
Present use of property: ~residential ___ other (specify) _________ _
ZoningDistrict: LR-1B --. -
APPLICANT Phone (home) ( 612 ) 9 2 7-: o 3 7 9
Pho:t?,e (work) ( 61·2 ·) 9 2 7-0680 Name Robert tund (Architect)
Address:4829 ·E. Lk. Harriet Pkwy City: Mpls Zip: 55409
O\VNER (if different than applicant)
-Name Graydon K, & Michelle M, Newman
Address: 1655 Bohn' s Point Road City:
Phone (home)(612) 471-8791
Phone (work) ( 612 l 3 49-69 85
Wayzata Z~: 55391
DESCRIPTION OF REQUEST Estimated Constructio~ Cost$ 1,200,000
Describe r~quest in detail: See attached sheet
.VARIANCES REQUIRED
Lot Area
(attach additional sheets _if necessary) ..
Lot Width ._x_ -Hardcover
• ' Q
·. __ Lot Coverage
1 · 'Setback: Front Side
...
Rear ' 2{_ Average Lakeshore
_,-
___ Other (specify) ______________________ _
HARDSIDP/DESCRIPTION OF. UNUSUAL PROPERTY ·coNDITIONS
De~cribe undue _hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: · ~'-'.,'.i~ .. . . . £:>.-!kt . ._
(attach additional sheets if necessary)
7
Graydon K. and Michelle M. Newman
1655 Bohn's Point Road
Wayzata, MN 55391
DESCRIPTION OF REQUEST:
Variance requested for hardcover requirements; Owners received
variance for hardcover on 7/28/97 (zoning file #2265, amended
6/15/98) and now wish to add a pool, add square footage to the
house footprint, and remove an existing playhouse and a portion
of the proposed driveway.
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HARDCOVER CALCULATION WORKSHEET J)
SETBACK ZONE: (CIRCLE ONE) 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. ~ -:;. 3 X 6.5 47 S .F .
Wellhouse Len g th Width
X = S.F .
X = S.F.
X = S.F .
B. Garage X = S.F .
C. Driveway X = S .F .
X = S.F.
D. Sidewalk 6 5 ·· .. conc ~ stair 1837 :l:92 wa:l:k from h~use = S .F .
:l:580 by sfiore = S .F . Corre .
E. Patio/Deck 12 Eatjo X = 122 S.F .
110 Deck X = S .F .
F. Landscape X = S.F .
Underlain X = S.F.
By Pl astic X = S .F .
G . Other ]030 stone cone-'$-wal = 1126 S .F .
96 stone stair
TOT AL HARDCOVER IN ZONE 3]32 S .F . A
TOTAL PROPERTY AREA IN ZONE 25360 S .F. B
A ..3..l.3 B 25360 X 100 = 12.3 %
PROPOSED HARDCOVER IN ZONE
A . ~ X = 47 S.F.
Wellhouse Length Width
X = S.F.
X = S .F ..
X = S .F.
B. Garage X = S.F .
C. Driveway X = S.F.
X = S.F .
D. Sidewalk X = 1837 S .F.
X = S .F .
E. Patio/Deck X = 110 S.F.
X = S.F.
F . Landscape X = S .F.
Underlain X = S.F .
By Plastic X = S.F .
G . Other X = 1126 S.F.
TOTAL HARDCOVER IN ZONE 3120 S .F. A
TOTAL PROPERTY AREA IN ZONE 25360 S .F . B
A 3120 B 25360 X 100 = 12.3 %
13
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i! i Ii 111iil 1'1 11.i,r lj I ~i I 1ilj:1 :Ii d 111 t h ·li ~
• 1 i i u:ml -h! hi .
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B);
SECTION 10.56, SUBDIVISION 16 (C) (6);
SECTION 10.22, SUBDIVISION 2;
SECTION 10.56, SUBDIVISION 16 (L) (2)
FILE #2418
WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 21, 1998, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to
allow the construction of an addition encroaching 88' into the average lakeshore setback and
a pool to encroach 44' into the average lakeshore setback where no encroachment is normally
allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow
26.7% hardcover in the 75-250' lakeshore setback area where 25% is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 4
FINDINGS
1. This application was reviewed as Zoning File #2418.
2. The property is located in the LR-lB, One Family Lakeshore Residential Zoning
District.
3. The Planning Commission reviewed this application on September 21, 1998, and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The lot meets size and yard setback requirements.
B. The zoning lot is located on a peninsula and is irregular in shape.
C. Variances were previously granted for hardcover and average lakeshore
setback.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56,
Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average
Page 2 of 4
lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no
encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16 (L) (2) to allow 26.7% hardcover in the 75-250' lakeshore setback area where
25% is normally allowed. Approval was subject to the following conditions:
1. No additional hardcover shall be allowed in the 75-250' lakeshore setback.
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (September 28, 1999).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatjcally
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 28th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner( s)
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of
September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of .the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary Public within and for said County, personally appeared
_________________ known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before
me a Notary Public within and for said County, personally appeared
_________________ known to me to be the person(s) described
in and who executed the foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Notary Public
Page 4 of 4
HARDCOVER CALCULATION WORKSHEET
(CffiCLE ONE)(~~~
"\.
SETBACK ZONE: 75-250' 250-500' 500-1000' \ .. -~ -1
EXISTING HARDCOVER IN ZONE F A. ~ 'J_ 3 X 6 5 47 S.F.
Wellhouse Length Width lo~, X = S.F.
X = S.F. r.;1 \\
X S.F. .:_._",-,~-\ =
B. Garage X = S.F. {/
C. Driveway X = S.F.
X = S.F.
D. Sidewalk 65·-conc. stair 1837 S.F. 3:9 z Wct:l:k from h6use =
3:580 eone. by sfiore = S.F.
•~ .... '-;/.
E. Patio/Deck 12 Eatjo X = 122 S.F.
110 Deck X = S.F.
F. Landscape X S.F. .. = ·":.""·:-,
Underlain S.F.
• ~ ~· t
X =
By Plastic X = S.F.
G. Other ]030 stone cone~ walls = 1126 S.F.
96 stone stair
TOT AL HARDCOVER IN ZONE 3]32 S.F. A
TOT AL PROPERTY AREA IN ZONE 25360 S.F. B
A ..3.l3 B 25360 X 100 = 12.3 %
PROPOSED HARDCOVER IN ZONE
A. ~ X = 47 S.F.
Wellhouse Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk X = 1837 S.F.
X = S.F.
E. Patio/Deck X = 110 S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Other X = 1126 S.F.
TOTAL HARDCOVER IN ZONE 3120 S.F. A
TOTAL PROPERTY AREA IN ZONE 25360 S.F. B
A 3120 B 25360 X 100 = 12.3 %
13
HARDCOVER CALCULATION WORKSHEET F ~ SETBACK ZONE: (CIRCLE ONE) 0-75' . 250-500' 500-1000' :Z ot} EXISTING HARDCOVER ·IN ZONE ·, --,. ·
A. House· ·' X = 3210 S.F. Playhouse Length Width
X = 112 S.F.
. ·x -. S.F ..
X = S.F:
., .. ·.•
B. . Garage inc • w/house X = S.F.
C. Driveway x · = 5690 S.F.
X = S.F.
D. Sidewalk 2 9 Q { 1frJ.der: tr~llig:) -S.F.
96{walk to lake~ = 386 S.F.
E. Patio/Deck 720 (deck} X = · S.F.
684 (Qatio & X = 1404 S ~F.
attached deck)
F. Landscape -X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
90(block retaining wall)
G. Other 144(stoop @ fron"i = 234 S.F.
brick wall)
TOT AL HARDCOVER IN ZONE ]];606 S.F. A
.TOTAL PROPERfY AREA IN ZONE 432400 . S .F. B .
A __1l_i..§.Q_6 __ B 43,400 X 100 = 6.7 %
fROPOSED HARDCOVER IN ZONE @· House X = 5 9 22 S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage inc. w/house X = S.F.
C. Driveway X = 4473 ~5 · S.F.
X = S.F.
D. Sidewalk 96.5 X = 96.5 S.F.
X = S.F.
E. Patio/Deck 24 (:1;2ergola) X = 24 S.F. ·
X = S.F.
F. Landscape 30(ret. wall) X = 30 S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Other Pool & deck X = 1059 S.F.
TOTAL HARDCOVER IN ZONE .. 1L605 S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
11,605 43,400 X 100
.. ·26. 7 % ·A -;-B =
13
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l\.1INUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JULY 28, 1997
( #10. -#2261 -Tony Eiden Company -Continued)
Van Zomeren reviewed the plat for the property. She indicated that the applicant is the
developer of the property currently under purchase agreement from Thomas Meyer. The
1.77 acre property is located in the LR-IA Zoning District, which requires 2 acres. Van
Zomeren said she believes there is enough space on the property for a building pad that
would meet all required setbacks. The Planning Commission unanimously
recommended approval. Staff recommended approval or amendment of the resolution.
Jabbour moved, Goetten seconded, to approve Resolution No. 3937.
Peterson asked about the proposed structure and its relationship to the Luce Line and
Staffs recommendation. Van Zomeren said she would preferred to have seen the
building plan but the size of the lot is adequate.
Jabbour amended his motion, Goetten seconded, to include no further variances will be
allowed. Vote: Ayes 5, Nays 0.
(*#11) #2262 NED BUTTERFIELD, 3745 WATERTOWN ROAD -
CONDITIONAL USE PERMIT -RESOLUTION NO. 3938
Goetten moved, Peterson seconded, to adopt Resolution No. 3938. Vote: Ayes 5, Nays
0.
(#12) #2265 ROBERT LUND FOR GRAYDON K. AND MICHELLE M.
NEWMAN, 1655 BORNS POINT ROAD -VARIANCES -RESOLUTION NO.
3939
Architect, Robert Lund, represented the applicants.
Van Zomeren reported that the request is for average lakeshore setback variance and
hardcover variances in the 0-75' and 75-250', which would remain consistent with
current percentages. The property owners plan to remove an existing residence and
construct a new residence. The property is on a pie-shaped lot which is the reason for
8
H
CITY of ORONO
RESOLUTJON OF THE CITY COUNCIL
NO. 3 9 39
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.24, SUBDIVISION 5
FILE #2265
WHEREAS, Graydon K. Newman and Michelle M. Newman (hereinafter "the
applicants") are owners of the property located at 1655 Bohns Point Road within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 6, Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter
"the property"); and
\VHEREAS, the applicants have applied to the City for a variance from
Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, Subdivision
5 to allow removal of an existing residence to construct a new residence. V ariahces for
hardcover in the 0-75' lakeshore setback where 3,132 sq. ft. (12.3%) is existing and 3,120 sq.
ft. (12.3%) is proposed where none is allowed; hardcover in the 75-250' lakeshore setback
where 11,606 sq. ft. (26.8%) is existing and 11,603.5 sq. ft. (26.8%) is proposed and 10,825
sq. ft. (25%) is allowed; average lakeshore setback to locate behind the 75' lakeshore setback
ahead of the average lakeshore setback where approximately 130' is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2265.
2. The property is located in the LR-lB, where the minimum lot area requirement
is 1 acre.
Page 1 off> q
r
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 ij 3 9
3. The Orono Planning Commission reviewed this application on July 21, 1997, and
recommended unanimous approval of the proposed variances based upon the
following unique findings and hardships:
A. The zoning lot meets the minimum lot area requirements.
B. The zoning lot is located on a peninsula is irregular in shape.
C. There are mature trees on the lot that the property owner want·s to
preserve.
D. Variances were previously granted for hardcover to change the shoreline
where there is steep topography.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not _ apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recqmmendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an average lakeshore setback and hardcover variances in the 0-75' and 75-250' lakeshore
setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.24,
Subdivision 5 to permit removal of an existing residence to allow construction of a new
residence ahead of the average lakeshore setback and behind the 75' lakeshore setback, subject
to the following conditions:
Page 2 off,
4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL_
NO. 3 9 3 9
1. Authorities granted by this · variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
. building permit within one year of the date of Council approval, or this variance
will expire on that date (Julr 28, 1998).
2. 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.
3. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property. ·
Adopted by the Orono City Council on this 28th day of July, 1997.
ATTEST:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing in!?trument, was acknowledged~efore me on this 28th day of July, /..,i1tfii:-?s . .,_et' · cT,.
1997, by Gabriel Jabbour & Doroth, M. I'IaH:in, Mayor & City 1Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was' executed on behalf of the City.
CAROLE A. HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000 Notary Public
Page 3 of i ·
4
-STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 3 9
On this /~+-h.. day of · _Tcm ~ · , 199 S , before me a Notary ·
Public within and for said County, personaily appeared /.-1.-c J..e/b Ii lk~, rna.rc,cd.
known to me to be· the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Co1,b.cz da~
Notary Public ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /Sh1 day of ;;T,._, n c , 199 ..r_, before me a Notary Public
within and for said County, personally appeared Gr,ycl~n K. IJeWlf'h4 n Iha re ted.
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A. HASEMAN
. NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000
Ck-t dt I C. d/lU2Z,,<✓-.L
Notary Public.
Page 4 of 1 -4
Application Date:
Completion Date:
60 Day Deadline:
8/19/98
8/19/98
10/18/98
REQUEST FOR COUNCIL ACTION
DATE: 9/23/98
ITEM NO.: / 0
Department Approval: Administrator Reviewed: Agenda Section:
Name Paul Weinberger Zoning
Title Assistant Zoning Administrator
Item Description: #2418 Robert Lund on behalf of Graydon and Michelle Newman
1655 Bohn's Point Road
Zoning District:
Lot Area:
V ariances--Public Hearing
LR-1B
70,881
One Family Lakeshore Residential District (1 Acre)
square feet (1.62 acres)
Application: The applicants have proposed to construct a new residence with a pool terrace
on the property meeting all yard requirements. The house would be located 91' from the lakeshore,
encroaching 88' into the average lakeshore setback. The edge of the pool terrace would be located
114' from the lakeshore, encroaching 44' into the average lakeshore setback. A variance is required
from the average lakeshore setback to allow for these structures. The property is located on a point
causing the average lakeshore setback distance to be pushed back on the lot.
Last year the applicants received variances from the average lakeshore setback and hardcover to
construct a new home. The applicants are requesting to maintain the 26.7% hardcover allowed in
the 75-250' setback although the site plan has changed slightly. They have downsized the driveway
and have modified the house footprint, also they have added a pool.
This application requires the following variances:
1. Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore
Setback and the pool tenace would encroach 44' into the Average Lakeshore Setback.
2 . Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance
to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover
that was approved last year. They also plan to remove a play house that is located within a required
side yard setback.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended by a 6 to O vote to:
Approve the variance as submitted.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
RUN DATE 08/17/98
BATCH 510
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 16-117-23 22 0002
01640 BOHNS POINT RD
D & D DUNLAP
DAVID J & DIANE J DUNLAP
1640 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0002
01655 BOHNS POINT RD
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0007
01645 BOHNS POINT RD
P J & KA HALLORAN TRUSTEES
PATRICK & KATHLEEN HALLORAN
1645 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0010
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0013
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
. ORONO MN 55391
38 16-117-23 22 0004
01720 BOHNS POINT RD
D & SANDERSON ET AL
D & SANDERSON
1720 BOHNS POINT ROAD
WAYZATA MN 55391
38 17-117-23 11 0004
00038 ADDRESS UNASSIGNED
D & SANDERSON ET AL
PATRICK & KATHLEEN HALLOREN
1645 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0008
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0011
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS.POINT RD
ORONO MN 55391
TOTAL BATCH 510 00013
If_,,, O'' 1 f . __ !l,., !,..,-:,, ,·:,.·:· . , tt 11: ··t~ · , · ; ,# [. · 1/1~,. t:;,r·:;t:} :·:\:It ' 1, 0 ~
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.J
REPORT NO. PI435401
PAGE 49
38 16-117-23 22 0006
01725 BOHNS POINT RD
W L HOEFT & AD HOEFT
W L HOEFT & AD HOEFT
5 WOODLAND RD
EDINA MN 55424
38 17-117-23 11 0006
01635 BOHNS POINT RD
SP MOSELEY & SP MOSELEY
STEPHEN P & SUSAN P MOSELEY
1635 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0009
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0012
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN' 55391
L-\
PERMIT RECORD
Permit No. Date Type of Permit
9$? / I -/7-G,S
5atS 3-~-8¥
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5coc7:/ 5:<"c3q.-E5
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CITY of ORONO L
RESOLUTION OF THE CITY COUNCIL
3 61 8 NO. ______ _
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDMSIONS 1 At~ 2,
SECTION 10.55, SUBDMSION 8, AND
SECTION 10.56, SUBDMSION 16 (J) M'D (L),
AND A CONDITIONAL USE PER.J.vllT
PER SECTION 10.03, SUBDMSION 19
FILE NO. 2072
lVHEREAS, Graydon Newman, Jr. (hereinafter the "applicant") is owner of the
property located at 1655 Bohn's Point Road within the City of Orono (hereinafter "City") and
legally described as:
Exhibit A attached ((hereinafter the "property"); and
"\.VHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and Section
10.56, Subdivision 16 (L) for the placement of hardcover in the 0-75' zone where no hardcover
is normally allowed; and for a variance to Section 10.22, Subdivision 1, Section 10.55,
Subdivision 8, and Section 10.56, Subdivision 16 (J) for filling and grading work within the 0-
75' setback zone where no grading or filling is normally allowed; and for a conditional use
permit for land alterations in the 0-75' zone per Section 10.03, Subdivision 19.
NO"\.V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2072.
2. Toe property is located in the LR-lB, Single Family Lak::eshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on September 18,
1995 and recommended approval of the proposed variances and conditional use
permit based upon the following findings:
Page 1 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
N 3618 o. --------
A. The existing 604 s.f. deck platform located at the shoreline encroaches
into the neighboring property and is proposed to be removed, resulting in
significant decrease in hardcover near the lakeshore. The net decrease in
0-75' hardcover from 14.4% to 12.5% is a positive improvement to the
property.
· B. Applicant's dock similarly encroached the neighboring property line
extended and is proposed to be moved to meet LMCD requirements,
thereby creating an access point offset by approximately 30' from the
existing concrete stairway which leads down the lakeshore bank and
provides access to the shoreline for the applicant.
C. Planning Commission finds that it is appropriate to allow a 4' walkway
laterally along the shoreline to connect the new dock access point to the
existing concrete stairway, thereby avoiding an additional cut into the
lakeshore bank.
D. The proposed addition of boulders adjacent to the existing retaining wall
approximately 10-15' back from the shoreline is appropriate to provide
additional support for the lakeshore bank, and the addition of 6-12" in
height of riprap at the shoreline is appropriate to protect the shoreline.
The proposed 12 11 depth of sand between the riprap and the retaining wall
has been reviewed by the City Engineer who finds it acceptable from an
engineering standpoint. The majority of the sand area is proposed to be
revegetated with native grasses, leaving approximately a l0'x.20' area of
sand exposed to provide a "beach" character. Planning Commission finds
that leaving patio blocks in place underneath the sand layer may provide
additional stability for the shoreline and therefore it is appropriate to leave
the patio blocks in place.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community. ·
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO •. 13·H l 8
S. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variances and conditional use permit would not .adversely affect traffic
conditions, light, air nor pose a fire hazard or other danger to neighboring
property; would not merely serve as a convenience to the applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and would be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to
Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and
Section 10.56, Subdivision 16 (L) for the construction of a 4' wide walkway parallel to the
shoreline for a distance of approximately 30' and within the 0-75' zone where no hardcover or
structure is normally allowed, and a variance to Section 10.22, Subdivision 1, Section 10.55,
Subdivision 8, and Section 10.56, Subdivision 16 (J) to allow filling and grading in the 0-75'
lakeshore setback zone where such work normally is not allowed, and grants a conditional use
permit per Section 10.03, Subdivision 19 for land alteration in the 0-75' lakeshore setback zone,
subject to the following conditions:
1. The shoreline maintenance work including boulder wall improvement, riprap
improvement and sand fill shall follow the plans submitted by the applicant's
landscape designer.
2. The existing patio blocks shall be removed prior to placement of the sand layer.
3. The platform deck shall be removed as proposed.
4. The walkway constructed from the base of the existing concrete stairway to the
new dock location shall not exceed a width of 4'.
5. Applicant is advised that hardcover in the 0-75' zone shall not exceed 12.3% per
the sketch and listing attached to this resolution as'Exhibit B. Applicant is advised
that any future proposal to add hardcover in the 0-75' zone will likely not be
approved, but might be approved only in conjunction with the removal of
equivalent or greater square footages of hardcover in that zone.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3 618 NO. _______ _
6. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval or the special conditions
of this resolution will expire on that date (October 9, 1996).
7. 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.
8. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 9th day of October, 1995.
Page 4 of 7
r •, : .. ..
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OFTHE CITY COUNCIL
NO. '3 6 j_ 8
The foregoing insuument was acknowledged before me on this 9th day of
October, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of ·Orono, a Minnesota m · ipal corporation and said instrument was executed on
behalf o •. . . • L~DA S. VEE ',\
1
~ :~~ NOTARY PUBLIC-MINNESOTA
• -··'l: :-.-' · HENNEPIN COUNTY
• ..... ~· ••• •• My Commission Expires Jan. 31, 2000
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this / 9-t!L. day of (Ji ck her , 199 f , before me a Notary Public
within and for said County, personally appeared (.!-r (,I.. d n K, ,., , J"; , ;; /.e c,w n-e ,~
known to me to be the person(s) described in and who executed the foregoing ins rument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this · day of __________ , 199 __ , before me a Notary Public
within and for said County, personally appeared ________________ _
known to me to be the person(s) described in and who executed the foregoing insrrument, · and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 7
Legal Description:
EXHIBIT A
Resolution No. 3618
'Lot 6;Block 1, Auditor's Subdivision No. 349, Hennepin County, Minnesota.
(PINS No. 17-117-23 11 0002)
\
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss .
)
CITY OF ORONO )
I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #2418, was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 11th day of
September, 1998.
CITY of ORONO
Date: September 10, 1998
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
VARIANCES
Notice of Public Hearing
File# 2418
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to send mailed notice to all property owners within 150'
of the property located at 1655 Bohn's Point Road. The property owner(s) have
applied for one or more variances to the Zoning Code to construct a new residence.
The Planning Commission will hold a pubic hearing on:
September 21, 1998 at 6:30 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Paul Weinberger at 473-7357. The proposed
plans are available for review by appointment.
Paul Weinberger
Assistant Zoning Administrator
Telephone (612) 473-7357 • FAX 473-0510
;
/
.,l/
\
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/ /_/
·-·-i
----
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CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473•
0510
The Planning Commission will hold
public hearings in the Council Chambers at
2780 Kelley Parkway on Monday, September
21, 1998, beginning at 6 :30 p .m . on the
mailer of reviewing the following land use
applications :
1 . #2414 Randy and Marie Staffanson ,
1422 Park Drive, request a hardcover and
side yard variance to replace a garage
destroyed by fire with a new garage
approximately 3' greater in height than the
previous garage.
·2 . #2399 Muriel Senn, 4448 No"rth
Shore Drive, requests multiple variances to
add to an existing residence.
3 . #2411 Paul Hanssen, 3195 Casco
Circle, requests a variance and a conditional
use permit to replace a deck and foundation
in the lakeshore setback .
4. #2413 Paul and Megan Bennett , 5 0 O
Hanlon Avenue , request multiple variances
lo add a garage to an existing residence .
5. #2418 Ro bert Lund on behalf of
Graydon and Michelle Newman, 1655
Sohns Point Road, requests an average
lakeshore setback variance to construct a
new res idence .
6 . #2419 Robert Lund on behalf of
Will iam and Anastasia Hoeft, 1725 Bohns
Point Road, requests an average lakeshore
setback variance to construct a new
residence .
7 . #2420 Robert Ryan, Jr., 3535
Christine Drive , requests a variance to the
he ight requirements of 30 feet to allow a 90
foot wind powered generator to be
constructed on the properly.
8. #2415 Terry Sanders on behalf of
Kevin Kennefick, 3241 Casco Circle,
requests a conditional use permit and
variances for land alteration in the 0-75' and
hardcover in the 0-250' setbacks . ·
All persons wishing to be heard are
encouraged to attend this meeting. Written
comments are solicited . Plans are available in
th e City Offices for review, by appointment.
For an appo intment, call 473 -7357 .
City of Orono
By : Planning Commission
Elizabeth Van Zomeren
City Planner/Zoning Administrator
(Published i n The Laker and Pioneer
Sept. 5, 1998)
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER,, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has co"mplied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.)Theprinted Laud Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for ~~-successive weeks:
It was first published Saturday
the 5 day of September 19.9..8.-,
and was thereafter printed and published every
Saturday, to and including Saturday,
the ___ dayof __ i/; ____ 1/_
1
_//19--~
~t~Agent
Subscribed and sworn to me on this
5
By :
(1) Lowest classified rate paid by commercial users
for comparable space: $12 .90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' ~ EXISTING HARDCOVER IN ZONE ·, -,
250-500' 500-1000'
.. r
A. House Playhouse Length Width
X
. x
X
B. _Garage inc. w/house X
;-
C. Driveway x ·
X
. D. Sidewalk 29 0 (under trelli~)
9 6 <walk to Iake ·~
' I
E. Patio/Deck 7 2 0 (deck) x
684 (patio & x
attached deck)
F. Landscape ______ . x
Underlain ____ x
By Plastic ______ x
90(block retaining wall)
G. Othfil 144(stoop@ fron~
brick wall)
TOTAL HARDCOVER IN ZONE
. TOTAL PROPERTY AREA IN ZONE
A ___11_&9_ 6__ B. 4 3 , 4 0 0
PROPOSED HARDCOVER IN ZONE
A. House ~-----x
Length
! I
o X
X
X
B. Garage inc. w/house x
C. Driveway
D. Sidewalk 9 6. 5 ------
E. Patio/Deck 2 4 (pergola)
i
X
X
X
X
X
X
F. Landscape 3 0 ( ret. wall) x
. Underlain . ______ x
By Plastic ______ x
G. Other Pool & deck X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
Width
·A 11,605 B 43,400
13
=
=
=
=
=
=
=
=
=
=
=
=
=
X 100 =
/·
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
X 100 =
_ ___:3:....:2=1=-0=---S.F.
___ 1_1_· 2 __ S.F.
S.F . ---~~,_ ______ S.F:
______ S.F.
__ 5_6....c,.9_0 __ S.F.
______ S.F.
______ S.F.
--~3...,8 ..... 6~-S.F.
: S.F. ------___ 1_4_0_4 __ S.F.
______ S.F.
S.F. ------
------S.F.
___ 2_3_4 __ S.F.
_l._J"-+--'; 6,..._0,..._6,..._· __ S.F .
-'4"'-3 ..... ~#-'4""'0 ..... Q...___ __ · S.F.
L6.7 % ------
__ 5_9_2_2 ___ S.F.
______ S.F.
S.F. ------
------S.F.
______ S.F.
4473_'5 S.F. -----~ S.F. ------
96.5 -----------S.F.
S.F. ------
___ 2_4 ___ S.F. ·
S.F. ------
30 S.F. ------
------S.F .
S.F. ------
1059 S.F. ------
~l=l=---, 6,,_0"'"'5......_ __ S.F.
S.F.
i·--2~-6-. 7---% ------
A
B .
A
B
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Malling Address: .
P.O. Box 66
Crystal Bay, MN 55323-0066
HARDCOVER ORDINANCE -In 1975, the Orono City Council adopted an ordinance
limiting the percentage of lot area that can be covered with impervious .surface ("hardcover")
such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake.
Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized
areas have a detrimental impact on the quality of water in the lake. The intent of Orono's
ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or
vegetated yard areas before entering the lake.
Hardcover Zones -Allowed Percentages:
0-75 0%
75-250' 25%
250-500' 30%
500-1000' 35%
Hardcover includes:
-Roofs
-Sidewalks
-Paved or gravel driveways
-Patios & decks (includes slatted decks)
-Tops of retaining walls & rock walls
-Decorative landscape areas underlain by plastic sheeting or fabric
-Any other surface that does not allow direct absorption of rainfall into
the ground
INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION
WORKSHEET
1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for.
2. For each item of hardcover within that zone, enter the length and width, and multiply
to get square footage (s.f.).
3. Add up all the square footages to get total square footage of hardcover.
4. Divide by the total area of property within the zone and multiply by 100 to get
percentage of hardcover in the zone.
5. If changes in hardcover are proposed, you should do a "before" worksheet and "after
worksheet. If either results in percentages greater than those allowed, contact City staff
before proceeding with your project planning!
Telephone (612) 473-7357 • FAX 473-0510
12
Graydon K. and Michelle M. Newman
1655 Bohn's Point Road
Wayzata, MN 55391
DESCRIPTION OF REQUEST:
Variance requested for hardcover requirements; Owners received
variance for hardcover on 7/28/97 (zoning file #2265, amended
6/15/98) and now wish to add a pool, add square footage to the
house footprint, and remove an existing playhouse and a portion
of the proposed driveway.
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RUN DATE 08/17/98
BATCH 510
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 16-117-23 22 0002
01640 BOHNS POINT RD
D & D DUNLAP
DAVID J & DIANE J DUNLAP
1640 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0002
01655 BOHNS POINT RD
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0007
01645 BOHNS POINT RD
P J & KA HALLORAN TRUSTEES
PATRICK·& KATHLEEN HALLORAN
1645 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0010
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0013
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 16-117-23 22 0004
01720 BOHNS POINT RD
D & SANDERSON ET AL
D & SANDERSON
1720 BOHNS POINT ROAD
WAYZATA MN 55391
38 17-117-23 11 0004
00038 ADDRESS UNASSIGNED
D & SANDERSON ET AL
PATRICK & KATHLEEN HALLOREN
1645 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0008
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0011
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS,POINT RD
ORONO MN 55391
TOTAL BATCH 510 00013
,J
REPORT NO. PI435401
PAGE 49
38 16-117-23 22 0006
01725 BOHNS POINT RD
W L HOEFT & AD HOEFT
W L HOEFT & AD HOEFT
5 WOODLAND RD
EDINA MN 55424
38 17-117-23 11 0006
01635 BOHNS POINT RD
SP MOSELEY & SP MOSELEY
STEPHEN P & SUSAN P MOSELEY
1635 BOHNS POINT RD
WAYZATA MN 55391
38 17-117-23 11 0009
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN 55391
38 17-117-23 11 0012
00038 ADDRESS UNASSIGNED
GK NEWMAN JR & MMC NEWMAN
GRAYDON K NEWMAN JR
MICHELLE MC NEWMAN
1655 BOHNS POINT RD
ORONO MN' 55391
II
..
RUN DATE 08/17/98
BATCH 510
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 50
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEFil\ 1a/,1~ /,l(ff()i A A. nn .\
DATE3Jlkli_ BY lvtur t~
5-06-l SJ;:15 8 : 25N1 Fl?OH
'I'
Adjacent Property Owners' Ackn1Dwledgement Form
I (we) Pa.T4 ~<a-th\.} Ha\\o'{a_\'.)
. . (print b.ame(s)J.
of \.lc,YS ~hY7S P+ 'f?ci
(print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at llo-=5 P.:ori<ls P+ Rd also referred to as Land Use Application No. --""--~-·
17 I J12"3l/ 6002-
I (we) understand that in executing this ack.nowledgement, I (\ve) am (are) not asked to
declare approval or disapproval of the property or us:e but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
q. Z\ ·98
Property · Date
Property O'iVner Date
*********'*******~************************************************************
I (we) _· --,-----~--------of
[print name(s)] [print address]
have reviewed the plaus for the proposed improvement or proposed use of the property located
at --------~-also referred to as Land Use Application No. ___ _
I (we) understar::d that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that--I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
Property Owner Date
Property Owner Date
If you have any infonnation that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least IO days
prior to the scheduled meeting date. ·
9
CITY of ORONO
Municipal Offices
Street Address: Malling Address: ·
. ·P.O. Box 66 . 2750 Kelley Parkway ·
· Orono, MN 55356 . Crystal Bay, MN 55323-0066
DATA PRIVACY ADVISORY
· in accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
y OU are notified that:
1. The information you furnish will be used to determine your qualification for· the
permit or license requested.
2. • You may refuse to. supply· data, but refusal may require that the City deny the permit
or license.
..,
.) . The information may be shared with · other locat state or federal agencies to the
extent necessary to process th~ permit or license. · · · f .~. ~
~~:~?~
If your requested permit or license requires Council action . to approve, some=" .4.
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private
on yourself.
6. . Your full name is r~quired to pmcess this application or permit.
/'.:-:,~"',~, Lt'.,'\\
_...:.G.;::;r...:.a"""'y...:.d:....;;o...:.n:;__ ____ --=K~. -------=N=e=w....,,m=a=n._.,---"J""'r'-'.'------------f\fc1 ~ ··,1
First Middle Last '~ "~ :"·,
1655 Bohn's Point Road
Address
Orono MN 55391
City State Zip
I understan71i2f;:::
SignaturP
Telephone (612) 473-7357 • FAX 473-0510
10
471-8791
Phone
MINUTES OF THE REGULAR ORONO CI1'.Y COUNCIL
MEETING HELD ON JULY 28, 1997
( #12. -#2265 Robert Lund for Graydon K. & Michelle M. Newman -Continued)
the average lakeshore setback request. The adjacent residences are behind the proposed
structure. The proposed structure would be more than 100' from the lakeshore.
Goetten asked for more visual details of the property. The 12.3% hardcover in the 0-75'
setback was clarified. Goetten had questioned whether the Planning Commission had
discussed any removals in that area. Van Zomeren said there is currently 313 2 s.f. of
hardcover in the 0-75' and is proposed at 3120 s.f. A deck platform was removed by the
lakeshore to allow for approval of a prior variance request.
Lund said there is 12' of terrace around the house that is being removed.
Goetten noted that the packet did not include any information regarding what was
included in the 12.5% of hardcover.
Gaffron reported that the hardcover includes a deck, walkway, retaining wall and terrace
area and stone block. Jabbour asked if it exists now. Gaffron said some was taken out
and a different walkway installed. Lund said the walkway consists of broken up rubble.
Jabbour noted the explanation why a seawall was required during the last discussion of
the property. Jabbour said the existing structure includes riprap and a retaining wall.
Gaffron said this was not an issue from Staffs viewpoint.
Goetten moved, Peterson seconded, to adopt Resolution No. 3939. Vote: Ayes 5, Nays
0.
(*#13) #2266 RONALD AND ROBIN HOHRL'1AN, 190 CYGNET PLACE -
VARIANCE -RESOLUTION NO. 3940
Goetten moved, Peterson seconded, to adopt Resolution No. 3940. Vote: Ayes 5, Nays
0.
9
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GENERAL. NOTE&:
Types and sizes shown are for easy driving at moderate rate.
See page on car sizes for turning radii of cars. "R" = This radius.
Overall sizes are shown in terms of radii for preliminary assumptions.
Any· decrease in radii will decrease speed of driving.
PUBLIC ROAD
,?
PUBLIC ROAD
I I ,vo·-o~~
MIN.
TWO CAR WIDE ROAD ONE CAR WIDE ROAD
PUBLIC ROAD
DIAGONAL ENTRANCE
PRIVATE ENTRANCE ROADS INTERSECTING F'U6LIC THOROUGHFARES
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LANCING MAY BE HAO BY BACKING ONLY
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Outside Radius= 19'-7"
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View of Property From
Lake Minnetonka
Travelling East to West
October 6, 1998
2
3
4
5 t
Subject Property
1