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CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Robert Lund 4829 E. Lake Harriet Parkway Mpls., MN 55409 TYPEOF APPLICATION: Variance DATE OF MEETING: 7 /28/97 COUNCIL ACTION -MOTION: APPLICATION NO. 2265 NOTICE OF COUNCIL ACTION Date of Notice: July 30, 1997 COPIES: VOTE: Graydon K. & Michelle M. Newman 1655 Bohns Point Road Wayzata, MN 55391 5 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. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) · 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. Permit application must be submitted no later than July 28, 1998. 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. ch ... t t .• MINUTES 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-lA 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 BOHNS POINT ROAD-VARIANCES -RESOLUTION NO. 3939 Architect, Robert Lund, represented the applicants. Van Zomeren reported that. the request is for average lakeshore setback v.ariance 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 - MINUTES OF THE REGULAR ORONO cn:Y COUNCIL MEETING HELD ON JULY 28, 1997 ( #12. -#2265 Robert Lund for Graydon K. & Michelle M. Newman -Continued) the average lak:eshore setback request. The adjacent residences are behind the proposed structure. The proposed structure would be more than 100' from the lak:eshore. 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 lak:eshore 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 - VARIAN CE -RESOLUTION NO. 3940 Goetten moved, Peterson seconded, to adopt Resolution No. 3940. Vote: Ayes 5, Nays 0. 9 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Liz Van Zomeren Title City Planner DATE: July 24, 1997 ITEM NO.: Agenda Section: Zoning Item Description: #2265 Robert Lund on behalf of Graydon K. and Michelle M. Newman, 1655 Bohns Point Road -Variance -Resolution Zoning District: Lot Area: LR-1B, One Family Lakeshore Residential District (1 acre) Irregular Application: The applicant requests variances on behalf of the property owners to remove an existing residence to construct a new residence. The proposed residence requires an average lakeshore setback and hardcover variances in the 0-75 and 75-250' setback to keep the existing percentages of 12.3% and 26.8%, respectively. Planning Commission Action To unanimously approve (6-0) as submitted. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. ch A RESOLUTION GRANTING A VARIAN CE 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 WHEREAS, 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. Variances 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 of~ I-/ 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 wants 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 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 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 of)I ,f 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 (July 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: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of July, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 5 TO: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE: July 16, 1997 SUBJECT: #2265 Robert Lund for Zoning District: Lot Area: Application: Graydon K. and Michelle M. Newman 1655 Bohns Point Road Variance( s )--Public Hearing LR-lB One Family Lakeshore Residential District (1 Acre) Irregular The applicant requests a variance on behalf of his clients to remove an existing residence and construct a new residence that would be located partially forward of the average lakeshore setback. Hardcover amounts would be reduced slightly within the 0'-75' and 75'-250' setbacks. Pertinent Ordinances: • Section 10.22, Subd. I. Lakeshore Setback Regulations • Section 10.22, Subd. 2. Lakeshore Hardcover and Land Alteration Regulations • Section 10.24, Subd. 5., LR-IB Area, Height, Lot Width and Yard Requirements #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--] ANALYSIS Lot Area and Yards LR-I B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard I acre 140 feet 35 feet 10 feet 30 feet Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside Irregular 240 feet 270+ feet 30' & 65'+ 85'+ > 1 acre (app.) The subject lot meets the minimum lot area and setback requirements. The proposed residence is located on a penisula where the shoreline curves. The proposed residence would be located behind the 75' lakeshore setback and ahead of the adjacent residences. The average lakeshore setback is approximately 130 feet from the lakeshore. Structural Coverage Structural coverage is not an issue with this application. Hardcover Distance Total Area in from Setback Shoreline 0'-75' 25,360 sq.ft. 75'-250' 43,300 sq. ft. #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--2 Existing Allowed Hardcover Hardcover 3,132 sq. ft. None (12.3%) 11,606 sq. ft. 10,825 sq. ft. (26.8%) (25%) Proposed Variance Hardcover Requested 3,120 sq. ft. 3,120 sq. ft. (12.3%) (12.3%) 11,603.5 778.5 sq. ft. sq.ft. (1.8%) (26.8%) Previous variances were granted in 1995 for hardcover in the 0'-75' setback. See Exhibit J, Resolution #2072. The applicant is not requesting variances to install additional hardcoyer. The proposed new residence requires a variance to keep existing hardcover in the 0'-75' setback and to reduce by 2.5 sq. ft. the amount of hardcover in the 75'-250' setback. STATEMENT OF HARD SHIP The applicant has provided a statement in Exhibit C. Criteria for Determining Undue Hardship I. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. There is an existing residence on the property and a guest house. The applicant will need to provide testimony as to the reasonable use of the existing structure. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the landowner is created by the shape of the lot, the zoning lot's location on a peninsula, the topography and mature trees and the desire to construct a new residence at the proposed residence. 3. The variance, if granted, will not alter the essential character of the locality. The zoning lot will remain residential, however, this structure is larger than the existing structure when viewed from the lakeshore. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--3 6. 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. Residential uses are allowed in this zoning district. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. 8. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The special conditions that apply to this lot are its irregular shape and its location on a peninsula. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. There are other zoning lots in the city of Orono that are located on peninsula's and have residences located forward of the average lakeshore setbacks. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant or property owner will need to provide testimony regarding the preservation and enjoyment of property rights. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The proposed design of the new residence would need to be modified to locate behind the average lakeshore setback. The circular drive would need to be relocated. #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--4 1. The zoning lot meets the minimum lot area and setback requirements. 2. The property owners intend to remove an existing residence. The guest house and circular driveway would remain unchanged. 3. Variances were previously granted for hardcover to redo the shoreline where there is steep topography. 4. There are mature trees on the lot that the property owner wants to preserve. 5. The zoning lot is irregular in shape and is located on a peninsula. STAFF RECOMMENDATION To amend or approve the proposed location of the new residence to be located approximately 85' from the shoreline at its closest point instead of behind the average lakeshore setback which is approximately 130'. Hardcover in the 0'-75' lakeshore setback to remain at 12. 3% and in the 75'- 250' setback to reduce from 11,606 sq. ft. (26.8%) to 11,603.5 sq. ft. (26.8%). Attachments A Application B Plat Map C Applicant's statement D Hardcover statements E Existing Survey F Proposed Survey G l-G3 Building Plans H Proposed Elevations I Permit History J Resolution #2072 K Topography Map #2265 Robert Lund for Newmans 1655 Bohns Point Road Variances PC:7/19/97 page--5 ,,.. L OCAT /0~ MAP 75 1 2 --- 1i la1 SIINNYflELD ~ ::: RD E II l#OlMO•IIDTra#KA .... ..,, ! 0 ~~ GAME FARM RD E C l!az ~<C A =Q ~ ~2000 % ~ . -. ---,-·-·-•·_-,_ ·~·-·-··-·-••= B I 2400 0 WDOD~!- 0 0 "' = Lan~don -··--· -~--~,1 . "St I'- (l_ I <.: / ~Sau7id~ f ,,.,I,,. iJ T"•J!l ::~ -. . .. ooo.: /.~ .:s. .ABM 2 '"""""""1:-1. nu w 3-GLENDALE RO ill I Cf) -Cooks Bay cJ ~ ~·~~&£!~ -~ ·-~ ~-\¢" ,:.... _._o'-..,l}v.-.··· ~ _ . -=~ '.ff~ __,..~. --· Hardscrq]z,le~~ ,:l)nl"I \•-: ..... , !!_~NI Lake iinnetonka o~(i ~ I )~4000 "' 1i"'• t A "' ~ .. ·• (.) ~ 0 ::;; "' ..,. z "' I ;;; @ SEE MAP 89 _. 5!i:r~7r~~~.:-f:: · ... -:._: ....... (~,. 1 ... ,_ \~: 1 ·-..t ,_. ; -::;. _.,, (-r. 1··c.'<:'i --r;;... -,~ ··--, . ...., --------__, , . ...,, ·e -...... e ...... ., e ...... e:=:. -·-- e=:: -. ..,,, ~ I ,. ~ ' , ... C - c:.. ·-...... ~ ...., ~ 1 -cw c:;: "31 ~ ~ .c -~ C -,;::;.YI <=:· .... - C ~ ~; -~:' c::···-~ l4:-ZcbS -3 ~ ~yJov. K. ~""J f\;-c.~ell-t f1. ~CI..JMC4"' lb ')5 l3olrMs P~r Rau\ 4 I 5 175 }Jinn et oril<-a A B (0 r-- 0.. <.: 2 w w Cf) C D Application # 8-,;). (, !: Date Received (, -,:J 7 -q-f Amount Paid {f?11-oJ CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress 1655 Babus Paint Raad Property Identification Number (P.I.D.) 38 17-117-23 11 0002 8 Attach legal description to application if not included on required survey. See Survey Date Property Acquired ____________________ (month/year) I (do) (~~t9 also own the adjacent parcels of land. Present use of property: _Lresidential __ other (specify) _________ _ Zoning District: __________________________ _ APPLICANT Phone (home) 927-0379 Name Robert Lund, Architect Phone(work) 927-0680 Address: 4829 East Lake Harriet Pk:<City: Minneapolis Zip: 55409 OWNER (if different than applicant) Phone (home) 4 71-8 7 91 NameGraydon K. & Michelle M. Newman Phone(work) 349-6985 Address:I.655 Bohns Point Road City: Wayzata Zip: 55391 DESCRIPTION OF REQUEST Estimated Construction Cost $ 8 O O , O O O • Describe request in detail: Variance requested for the average Lakeshore Setback requirements ( attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: Front Lot Width Hardcover Side Rear __ Lot Coverage X Average Lakeshore __ Other (specify) ______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ Please see attached sheet (attach additional sheets if necessary) 7 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. Completed Application Forni 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. . Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as requir~d. In addition, provide one (1) copy 8½" x 11" for reproduction. 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). 6. List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been incl~ded. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature ~ Date /,, • ;?--,,f 1 ,LJ-: OWNER'S SIGNATURE The owner hereby acknowledges a~agree to this application and further authorizes reasonable entry onto the property by City 1/taff, c sultants, agents, Commission members, and Council members for purposes of inv , ti atio and verification of this request. Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 -----,.-.• I ·' ----I rn N I I'---I I'-- 25±1 I I t"\Jlc9,>:, -1 <'.9, .,;1 ~I I 579. 67 ~ {~ I jp ( 14) ·- ··. ( 5) ·• .. ( 6) (7) (8) 266.k& •: LOT I ( \) I I '"' ?1 ""' I . I \ _,, c,✓--) \ /1 :1 !1 8 N ("-I I IV") N I r- l '° - ~--,"" "''\ I '\ I I _] _______________________________________________________________ _ I I ROBERT LUND & ASSOCIATES, 4829 EAST LAKE HARRIET PARKWAY, MINNEAPOLIS, MN 55409 P. 0. BOX 1134, WAINSCOTT, NY 11975 June 24, 1997 Re: Proposed Newman Residence 1655 Sohns Point Road ARCHITECTS (612) 927-0680 FAX (612) 927-0382 (516) 537-5500 FAX (516) 725-4478 The Average Lakeshore Setback lines for this pie-shaped property (located on a point on Lafayette Bay) would site the proposed dwelling in a valley. Such a location would require a large amount of fill and the removal of a significant number of mature trees and landscaping on the property. The proposed dwelling shown on the accompanying drawings is located further landward from the lake than the existing dwelling, is sited to minimize the removal of trees, and is also sited to minimize the re-contouring of the land. CL ' i . '',, >-1•· w rl\ > z a=: < ::;; ::::, ;: CJ) w z LL > _, 0 _, w /'. ::c ~ en w oO I ~ > /// 0 (.) < a: 11 Li: (!J I / I-~ "', ;I a=: w -~-: __ ,/'t" (.) '!) HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ EXISTING HARDCOVER IN ZONE A. House ______ x Length Width ?LA'ftvl}"7£:--=-----X B. Garage C. Driveway X X X X X D. Sidewalk , :2':?l a GiNtzf::rZ-: :r~,;) '16f1NAU;'.--TI> ~} E. Patio/Deck 1:'2-a ('QECJ;;.] x F. Landscape Underlain By Plastic G . Other <£2-r (~ ,;17PCfi l;D- X X X 90 ( !'b~-'Fi::t · ,JVP-vl-,,) \ 44:: {--w;op g ~t ~ X . F,,!Z--tU::-~) TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A I 1000 B 4':21-0Q A. House . x ©PROPOSED HARDCOVER IN ZONE Length 9\.A "'f nQ U 2f:;:.. X X X Width X 100 B. Garage / NC,L.,L) O'f:::O IN Hou~ ~. 'Fc~:::i1,bbE,. C. Driveway D. Sidewalk PA'-lgg.c:; TD I t-Xf? E. Patio/Deck ?AVF£.6='{ P'f£(-;::01 AS F. Landscape Underlain By Plastic G. Other 1Z:E;.f \/\JAi & St t-7LANil2?!'S X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 250-500' = = = = = = = = = = = = = = = = = = A I LCaQ?:, 1 S: B t-) 7::bX? x 100 = 13 500-1000' 3Zlo s.F. _ __.l_.l._.2--=---•-S.F. S.F. ------S.F. ------ S.F. ------ _.....,':;(o"""""-_.'9 ...... 0..___ S.F. S.F. ------ S.F. ------ _ __._~.........,"""""--S.F. S.F. ------_....._14 .......... D._4_.___ S.F. -~--~~-S.F. S.F. ------S.F. ------ -~'t.~:?2~4-+---S.F. [ l G:,OG;;, S.F. 43,4:0C? S.F. _ ____.C:c...u...oCe<-.i1 ..... 1: __ % -"""''?'-"'2."'-4..._'J:__.,___ S.F. --'~1-Z~-S.F. S.F. ------S.F . ------ S.F. ------ __ 55~w~Z-=='4~-S.F. S.F. ------ /oo S.F. ---'-----S.F. ------ S.F. ------__ 4 ....... Z-~1-...... 5...___ S.F. S .F . ---------'-',o=--?z...L..-__ S.F. S.F. ------ S .F . ------ I ICU?,9 S.F. ½4QO S.F. 1,(p.J-% A B A 8 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)@ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. Hettse -,.~-X c;,., t,;; I = 4-=/-S.F. w~IA,l--\0 l.r7f'::::. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. cPq(C-Ot-1-C,. ~,t>,1/Z-) D. Sidewalk / j ,z. c:. f.V IH,AC.,, RU> (\/\. Hi)i) ~ I::?) = S.F. f'fit?O(CPhtv, f?Y-51~) = l b::;J: S.F. E. Patio/Deck '11., (PA-Do 2 X = S.F. I \ o ( t:2E;L:, e) X = 11 • .;t.., S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. JO?;,.::::) (~wN6/Coi-.Jc.. w4l-LS) I I¼ S.F. G. Other q<,., (WN e; '?TAI es.) = TOT AL HARDCOVER IN ZONE 313Z... S.F. A TOTAL PROPERTY AREA IN ZONE 2-5,3wO S.F. ,B A '31 :?2:2,, B :V=i':24?0 X 100 = .... tZ,3. % PROPOSED HARDCOVER IN ZONE A. -House X = 4r S.F. IN eu.A~ 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 = lr:>7::J--=t 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 = I ! ,Z.,.Gc, S.F. TOT AL HARDCOVER IN ZONE -:;l 1-D S.F. A TOTAL PROPERTY AREA IN ZONE 1-,c;~u,O S.F. B A ?itW B V?o<eQ X [OQ = ,z.,3 "' ,O 13 f I, ,,1, PERMIT RECORD Permit No. Date Type of Permit --5~,a-....;:.._( '5..:::;__ ___ 3_---=(p_-8_.L.-___ ~~~--'--"'"""'- __ 7-=-3......L.;¥();:___ ___ S_-___.,..G,::;..._-g± ____ .,,:;_~---==-::~~·,......-(A~l. 5tt,c71 5>29-35 ~ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 1 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDMSIONS 1 AND 2, SECTION 10.55, SUBDMSION 8, AND SECTION 10.56, SUBDIVISION 16 (J) AND (L), AND A CONDITIONAL USE PER.J.\1IT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2072 :r \VHEREAS, 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- 7 5' 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. The property is located in the LR-lB, Single Family Lakeshore 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 NO. 3 6 1 8 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" 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 10'x20' 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. i3 6 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 0-7 5' 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 .. . . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~s 6 1 8 The foregoing instrument 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 behaff o •. . . • LINDA s. VEE ··,\' 1 ~ ~~-:. NOTARY PUBLIC-MINNESOTA •• -~f · HENNEPIN COUNTY • ~ .•••• • My Commission Expires Jan. 31, 2000 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / pf!I_ day of (Y c, kb-er , 199 f , before me a Notary Public -withinandforsaidCounty,personallyappeared (!../rJ.. n --Yi i)/.e cwn--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 instrument, 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) \ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' <.::5-25 ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X 3]20 S.F. Length Width LC ® Playhouse X = J J 2 S .F. X = S .F. . " -~' X = S .F. © B. Garage X = S .F. Driveway . C . X = 5690 S.F. X = S.F. C )ij !\. ,,, .,,.~ . D. Sidewalk . 290(noder ti::-ell!s) = S .F. \\! . 96 (wa J k to lake) = 386 S.F. E. Patio/Deck :Z20 Deck X = S.F. C'l ',\). 684 Eatjo & X = 1404 S .F . t~. attached deck ~ F. Landscape X = 660 S.F. Underlain X = S.F. By Plastic X = S.F. G. Other 90 BJock ret. walls = 234 S.F. 144 stoo~s@ front & brick wall TOT AL HAR COVER IN ZONE lli606 S .F. A TOTAL PROPERTY AREA IN ZONE 43i400 S.F . B A ll+-606 B 43,400 X 100 = 2 6. :Z % Ci) PROPOSED HARDCOVER IN ZONE A. House X = 6484 S.F. Length Width @ Playhouse X = J ] 2 S.F . X = S .F .. X = S.F . B. Garage S .F. X = C. Driveway X = 4405 S.F. X = S .F. D. Sidewalk Ea:srnr:s to ],:tke X = JOO S.F . X = S.F. E . Patio/Deck Ea:srnr:s X = 2]9 S.F. Eer:goJas X = S.F. F. Landscape Bet l.11:a J J s X = ]30 5 S.F. Underlain EJariter: X = S .F. By Plastic X = S.F. G. Other Gazebo X = ]53 S .F . TOTAL HARDCOVER IN ZONE 11,603.5 S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A ll,603.5 B 43,400 X 100 = 26.7 % 13 CITY OF ORONO P.O.Box66 Crystal Bay, MN 55323 473-7357 TO: Robert Lund COPIES TO: 4829 E. Lake Harriet Parkway Mpls., MN 55409 TYPE OF APPLICATION: Variance DATE OF MEETING: 7/21/97 ZONING FILE #2265 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 23, 1997 Graydon K. & Michelle Newman 1655 Bohns Pt. Rd. Wayzata, MN 55391 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council July 28, 1997, 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. ch i , ·., ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 21, 1997 (#13 -#2264 Janet C. Kiernan -Continued) Kiernan asked whether the patio could remain in front of the 75' setback. Schroeder noted the improvements with new construction are better than what would occur with remodeling. Smith said she would be concerned with allowing the patio. Schroeder indicated that the application could be tabled for further consideration or a motion could be made. He explained the purpose in improving the lakeshore setback and the status of new construction. McMillan asked if this was true with use of the existing foundation. She was informed it was. Kiernan asked how much foundation usage denotes new construction. Gaffron · said it was not specified. He said the building pad would be gone and only the foundation left. He also noted~iliat the building inspector has not yet tested. the foundation and is not convinced it is all usable. He suggested tabling the application to make this determination. The side setback hardships were reiterated, being the trees, septic system, and Indian mounds; ;""4-\•'.',.• •.~ ·•,.· • . Lindquist moved, Smith seconded, to table Application #2264. Vote: Ayes 6, Nays 0. ct.he meeting was recessed for a short break.) (#14) #2265 ROBERT LUND FOR GRAYDON AND MICHELLE NEWMAN 1655 BOHNS POINT ROAD VARIANCES PUBLIC HEARING 9:27-9:31 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was represented by Robert Lund. Van Zomeren reported that the irregular shaped lot is located in the LR-lB Zoning District. The proposal is to tear down the existing structure and construct a residence located partially in front of the average lakeshore setback. Staff recommended approval. The representative had no further comments:... .. During public comments, John Ericson, asked if the new residence would be located behind the 75' setback. Van Zomeren reported that it would. 20 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 21, 1997 (#14 -#2265 Robert Lund for Graydon and Michelle Newman -Continued) Smith asked why the residence would be located in front of the average lakeshore setback. She was informed by Lund that there are a large number of trees on the property and the residence will be built to line up with viewing the lake through the trees. Schroeder asked how far forward the home would be. He was informed that the orientation of the home would change but would be between 83' and 85' forward. It was noted that there is no way to avoid encroaching into the average lakeshore setback. Lindquist moved, McMillan seconded, to approve Application #2265. Vote: Ayes 5, Nays 0 (Berg was absent during the vote). (#15) #2266 RONALD AND ROBIN HOHRMAN 190 CYGNET PLACE VARIANCES PUBLIC HEARING 9:31-9:34 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the request is for variances to the rear and side yard setbacks for construction of a screen porch to the rear and a one stall addition to the garage to the east. The lots in the area do not meet lot area requirements and create long narrow building pads. The 30' side yard requirement is proposed at 28'. The 50' rear yard is proposed at 46'. Van Zomeren said structural coverage is not an issue. There is a small front yard encroachment. Staff recommended approval. The applicant said the residence is located just barely into the setback and the proposal is the only alternative for an addition. There were no public comments. McMillan asked if the neighboring properties were notified. Van Zomeren said they were. She indicated she received one call and sent out information to that person. She received no complaints. Schroeder moved, Hawn seconded, to approve Application #2266. Smith asked if a new driveway would be built for the garage addition. The applicant said it would be widened but a pad is already located there. Vote: Ayes 6, Nays 0. 21 CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2265, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of July, 1997. Jamie~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 21, 1997, beginning at 7:00 p.m., on the matter ofreviewing the following land use applications: 1. #2187 Donald and Robin Helgager, owners of the property located at 3265 Sixth A venue North, request lakeshore setback, average lakeshore setback, side setback and street setback variances for additions to their existing residence. 2. #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new residence. 3. #2254 Curtis and Barbara Palmer, owners of the property located at 2710 Casco Point Road, request a variance to add a dormer to an existing non-conforming garage. 4. #2255 Rick Rice, owner of the property located at 2700 Kelly Avenue, requests side and rear setback variances to add a deck to an existing residence. 5. #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline. 6. #2257 Dennis A. Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located between 4655 and 4725 Tonkaview Lane. 7. #2258 Gerald A. Walsh, owner of the property located at 180 Big Island, requests reinstatement of a lot area variance. 8. #2259 Mark and Laurie Headrick, owners of the property located at 1850 Fox Ridge Road, request a side setback variance to convert the existing garage to a family room and to add a new garage. 9. #2260 Benjamin Milbrath, owner of the property located at 3265 Carman Road, requests a conditional use permit to grade the land within the 0-75' setback and replace a retaining wall. 10. #2261 Tony Eiden Company, owner of the property located at 345 Leaf Street, requests a lot area variance to remove an existing residence and construct a new residence. 1 11. #2262 Ned Butterfield, owner of the property located at 3745 Watertown Road, requests a conditional use permit to alter land by grading or filling with more than 101 cubic yards of soil. 12. #2264 Janet C. Kiernan, owner of the property located at 1491 Shoreline Drive, requests side setback, lake setback, average lakeshore setback, and hardcover variances to construct a new residence to replace the existing residence. 13. #2265 Robert Lund, on behalf of Graydon K. and Michelle M. Newman, owners of the property located at 1655 Bohns Point Road, requests an average lakeshore setback to remove an existing residence to construct a new residence. 14. #2266 Ronald and Robin Hohrman, o~ers of the property located at 190 Cygnet Place, request side and rear setback variances to add one stall to an exi...ting garage and a screened porch to an existing residence. 15. #2267 · John O'Sullivan, on behalf of Adam Smith Company, owner of the property located at 2380 Shadywood Road, requests a commercial site plan review for approval of a proposed driveway located at 2380 Shadywood Road for Culver's Restaurant located at 3340 Shoreline Drive to access the existing parking lot. 16. #2268 Robert T. Callan, owner of the property located at 2995 Deer Run Trail, requests a side yard variance to construct a new residence on a vacant lot. 17. #2270 Marcia and Kenneth Hickey, owners of the property located at 4640 Tonkaview Lane, request variances and a conditional use permit to build a garage. 18. #2271 Chad Nilsson, owner of the property located at 3210 Navarre Lane, requests a rear yard variance to add a stall to an existing one car garage. 19. #2272 Wyatt Moe, owner of the property located at 1230 Spruce Place, requests a hardcover variance and lot line rearrangement. 20. #2273 Morgan Nelson, owner of the property located at 3145 Jamestown Road, requests an average lakeshore setback variance to construct a gazebo. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. For an appointment call 473-7357. Planner/Zoning Administrator To be published the week of July 5, 1997. 2 . ;t,.",· CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 -Crystal Bay, MN 55323 Phone (612) 473-7357 · Fax 473- . · 0510 7. #2258 Gerald A. Walsh, owner 'of the pr~perty located at 180 Big Island, requests reinstatement of a lot area variance. -:· !!. · ·#2259 Mark and Laurie Headrick, owners of the property.located at 1850 Fox . Ri9ge Road, request a side setback variance The Planning commission will hold to ,convert the existing garage to <I family public hearings in the Council Chambers at roq_m and to add a new garage. 2780 Kelley Parkway on Monday, July 21 ·· · 1• • ' · · · 1997, beginning at 7:00 p.m., on the matter of \ .. 9. :#2260 Benjamin Milbrath, owner of reviewing the following.land use applications:' the property located at 3265 Carman Road . . . •· ·; requests a conditional use permit to grade . · 1. #2187' Donald and Robin Helgager, the land within the 0-75' setback and replace owners of the property located at 3265 Sixth a ~e taining wall. · ... Avenue. North, request lakeshore ·setback, 1 , . ·: average lakeshore setback,.side setback and -., 10. #2261 Tony Eiden Company, owner street setback variances for additions to their of the property ·loca.ted. at 345 Leaf Street, existing residence. regu~sts a l?t area variance to remove an " . ex1,stmg residence and construct a new . residence. 1 2. #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new residence. · ... ' · 3. #2254 Curtis and Barbara Palmer, ow~ers of the property loca!ed at 271 o Casco Pomt Road, request a variance· to add. a dormer to an existing non-conforming garage. ·· . 4. #2255 Rick Rice, owner of the property l_ocated at 2700 Kelly Avenue, requests side and rear setback variances to add a deck to an existing residence. 5. #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline. 6. #2257 Dennis A. Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located. between 4655 and 4725 Tonkaview Lane. •.. .11. #2262 Ned Butterfield, owner of the property located at 3745 Watertown Road requests a conditional use permit to alter land bY'. grading or filling with more than 101 cubic yards of soil. i 2. #2264 Janet C. Kiern~n. owner of the property located at 1491 Shoreline Drive requests side setback, lake setback, average lakeshore setback, and hardcover variances to constr_uct. a new residerice to replace the existing fesidence. . . . 13. #2265 Robert Lund, on behalf of Graydon K. and Mlchelle M. Newman owners of the proprety located at 1655 Boh~s Point · Road, requests an average lakeshore setback to remove an existing residence to construct a new residence, 14, #2266 Ronald and Robin Hohrman, owners of the property located at 190 Cygnet Place, request side and rear setback variances to add one stall to an existing garage and a screened porch to an existing residence, Affidavit of Publication ·15. #2267 John O'Sullivan, on behalf of Adam Smith Company, owner of the property located at 2380 Shadywood Road, requests a commercial site plan review for approval of a proposed driveway located at 2380 Shadywood Road for Culver's Restaurant located at 3340 Shoreline Drive to access the existing parking lot. 16, #2268 Robert T. Calian, owner of the property located at 2995 Deer Run Trail, requests a side yard variance to construct a •.new residence on a vacant lot. 17. #2270 Marcia and Kenneth Hickey, owners of the property. located at 4640 Tonkaview Lane, request variances and a conoitional use permit to build a garage. 18, #2271 Chad Nilsson, owner of the property located at 321 O Navarre Lane, requests a rear yard variance to add a stall to an existing one car garage. 19. #2272 Wyatt Moe, owner of the property located a:t 1230 Spruce Place, requests a hardcover variance and lot line rearrangement. 20. #2273 Morgan Nelson, owner of the property located at 3145 Jamestown Road, ·requests an average lakeshore setback variance to construct a gazebo. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited .. Plans are available in the City Offices for review, by appointment, For an appointment call 473-7357, City of Orono · . By: Planning Commission · Elizabeth Van Zomeren ·Planner/Zoning Administratqr ; that he is i publisher R, Mound, ' the facts ith all the ions as a Minnesota applicable ication.c:: nns of said shed once <S: . 19-9..'.L, (Published in The Laker and Pioneer July hed every 5, 1997) the ___ day of ______ -19 __ ; ~dAgenl Subscribed and sworn to me on this 5 By: NOTARY PUBLIC • MINNE$OTA MY COMMISSION EXPIRES JANUARY 31, 2000 ·a {1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. {2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7.00 per inch. Each additional successive week: $5.05. (. \~ 0 ,:& ~µ:..'·•· i'L:J CITY of ORONO Municipal Offices Street Address: 275 0 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Malling Address: P.O. Box .66 Cry stal Bay, MN 55323-0066 In accordance with M.S . 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to detern1ine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license . 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. G-~~tRK \L · J~NY\-1\J , ~-.7 Middle First Last l~s:-s 'D:J~s. n;~, Address 0~) City ~(J 652)'1 { State Zip Telephone (612) 473-7357 • FAX 473--0510 10 Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 11 . ~n .... i.k - -- II RUN DATE 06/20/97 BATCH 505 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AD DR 38 16-117-23 22 0002 01640 SOHNS POINT RD D & D DUNLAP DAVID J & DIANE J DUNLAP 1640 SOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0002 01655 .SOHNS POINT RD GK NEWMAN·JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 SOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0007 01645 SOHNS POINT RD P J & K.A HALLORAN PATRICK & KATHLEEN HALLORAN 164.S, SOHNS 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 SOHNS POINT RD ORONO MN 55391 38 17-117-23 11 0013 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEHMAN JR MICHELLE MC NEl'lMAN 1655 BOHNS POINT RD ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM. PROPERTY Ol'lNERS LIST 38 16-117-23.22 0004 01720 SOHNS POINT RD D & SANDERSON ET AL D & S ANQERS9N 1720 SOHNS POINT ROAD HAYZATA MN 55391 38 17-117-23 11 0004 00038 ADDRESS UNASSIGNED D & S ANOERSON ET A.L J L CONNER & G J PAULUCCI 1645 BOHN POINT RD, WAYZATA MN 55391 38 17-117-23 11 0008 00038 ADDRESS UNASSIGNED GK NEWMAN JR & MMC NEl'lMAN GRAYDON K NEWMAN JR MICHELLE M.C NEHMAN 1655 BOHNS POINT RD ORONO MN. 55391 38 17-117-23 11 0011 00038 ADDRESS UNASSIGNED GK NEHMAN JR & MMC NEWMAN GRAYDON K NEWMAN•JR MICHELLE MC NEWMAN 1655 BOHNS POINT RD ORONO MN 55391 TOTAL BATCH 505 00013 REPORT NO. PI435401 PAGE 47 38 16-117-23 22 0006 01725 SOHNS POINT RD MICHAEL H CASHMAN MICHAEL H.CASHMAN '1725 SOHNS . POINT . RD · WAYZATA MN 55391 38 17-117-23 11 0006 01635 SOHNS POINT RD . SP MOSELEY & SP MOSELEY STEPHEN P & SUSAN P MOSELEY 1635 SOHNS POINT RD WAYZATA MN 55391 38 17-117-23 11 0009 00038 ADDRESS UNASSIGNED GK NEHMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1~55 BOHNS POINT RD ORONO MN 55391 38 17-117'.-23 11'0012 00038 A.DDRESS UNASSIGNED GK NEWMAN JR & MMC NEWMAN GRAYDON K NEWMAN JR MICHELLE MC NEWMAN 1655 SOHNS POINT RD ORONO MN 55391 II . - -.. n RUN DATE 06/20/97 BATCH 505 HENNEPIN COUNTY PROPERTY INFORMATION' SYSTEM· . PROPERTY O~'NERS LIST " REPORT NO. PI43540l PAGE 48 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS · OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF,MY KNOWLEDGE AND .BELIEF. ("' ~.~ . . DATE6·23·97BY {¼, ~ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = 32-10 S.F. Length Width ?LA'fHotPlE-X = ll~ S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = 'Sco:j(') S.F. X = S.F. D. Sidewalk :2~0 G 2~1:2f;;r2-:r~,;) = S.F. 96.{1NAu;::..-rn ~}-= ?.e2::a S.F. E. Patio/Deck ~za(~1 X = S.F. <'.ct:'2:l::(~)TPCfi!3D = 1404 S.F. F. Landscape X = ~ S.F. Underlain X = S.F. By Plastic X = S.F. 90 (~t,...i<:,.,.~.vVAUG) G. Other \ 44 {-"1T!::OPO MZ-01·--(f ~ X = 1..?:z4 S.F. 'P',,~a::-~) TOT AL HARDCOVER IN ZONE l l (..:iOC-J S.F. A TOTAL PROPERTY AREA IN ZONE 4;;z4-00 S.F. B A 11coo0 B 434-0<:2 X 100 = Z.:Ca '9-% ~~ PROPOSED HARDCOVER IN ZONE A. House X = CoZ:4:1: S.F. Length Width P\A"ft-t0U2E:-, X = 112... S.F. X = S.F. X = S.F. B. Garage 'l',.LC,t.,L) OE::.D IN HDU"?E:.--;;Q_. ~T~E-, S.F. X = C. Driveway X = '3(£12..a S.F. X = S.F. D. Sidewalk 'E:16 '-I e.e.s lD X = 100 S.F. I AKB X = S.F. E. Patio/Deck E"Av'E£6 :::t X = S.F. :Pf;e(;::aj_As:::._, X = 4-Z./.S S.F. F. Landscape u:f. V\J~!LS{ X = S.F. Underlain ?LA-1:::d~ X = /0-:2;, S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE 11~-G S.F. A TOTAL PROPERTY AREA IN ZONE ~4QO S.F. B A I I CoO ?-z , S:: B 42:'!PQ X 100 = ?(o.J: % 13 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE)@ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. Hottse -,.~-X G.~• = 4-=f-S.F. w ~ vU-\0 l.)';7f:;:. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. e,.q C C,OMC,. "71,A-I (Z..} D. Sidewalk I 'j ,Z. c_ r,v ftt.A<:..--~ tV\ HiW 1l £;>) = S.F. tfu'20(CPMC-, WY SI~/ = I t2fJ1: S.F. E. Patio/Deck 01~ (r-:>t,.:QO 2 X = S.F. I \ o ( t2 E;.,;;:, 1-:-) X = I z:t..., S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. JO?;O ('?WN6/eot'-/-C.., w4,-l,LS) { t'Uo S.F. G. Other q {,z CzU2N I?$ '? /Al ex) = TOT AL HARDCOVER IN ZONE 31 3 2> S.F. A TOTAL PROPERTY AREA IN ZONE Z-5,3wo S.F. B _ _. .. A 31?2:u B ZG??&zO X 100 = ;;~ tZ,3. % PROPOSED HARDCOVER IN ZONE A. -House X = 4r S.F. 1/0 ra..u.~ 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 = If:>~-={-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 = I I '2--~ S.F. TOT AL HARDCOVER IN ZONE ~lW S.F. A TOTAL PROPERTY AREA IN ZONE t:z2u;,0 S.F. B A Z;tio B V?oho :c: lOO = 1z,.3 C1 ,0 13