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HomeMy WebLinkAbout Project PacketCity of Orono Variance Approval Extension Application Street Address: Original 2750 Kelley Parkway Variance# Orono, MN 55356 Date Received: Main: 952-249-4600 Staff: I fax: 952-249-4616 1st Extension: $50 Mailing Address: P .O . Box 66 2 nd & 3rd $350 RECEIVED MA R O 8 20 17 CITY OF ORONO Crystal Bay, MN 55323-0066 Extensions: (Counci l approval ) This extension application form must be completed in full and submitted at least 60 days prior expiration date of the variance. In no case shall more than three, one year extensions be granted. Original Variance Number: __ Lt.;;,.._lP_\_3 ________ _ Approval date --'L{~/-'2---~_,_/_zo_l_(p __ _ PROPERTY INFORMATION: Site Address: PROPERTY OWNER INFORMATION: Name: ?~+.c r l--l'V\e.-l1~c-_ 'Sa,~c\..., Phone (primary): (,2S l -30-3 'i'\ 0 [ [p;)\-~'3 --:.79'0 Mailing Address : 2.:z_."2--'tl:e'"'.,,.,ep,'"' A~. <,. --±t-'-lo] City, State&ZIP ~~n~l\s Ml'0 ~l(O/ Email:yttre4c~~tt•,ktsys+--~'.'i-U:n:, / ~5g,-n-l-.r=-1.:i ~ yo.~sy ~ ,. c.ort:) PROPERTY OWNER: • Agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this extension application, and • Certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recomm end the request for denial of the request regard less of its potential merit . • The Property Owner hereby acknowledges and agrees to this application and furthe r authorizes reasonable entry onto t he pro perty by City Staff, cons ultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner acknowledge they must be present at all scheduled review meetings of the City Co uncil. If an applicant a nd /or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owne r and advise the City Pl a nner assigned to yo ur project. • Informati on will be distributed via email. Property Owner Signature: <:+) ~S ~ Property Owner Signature: '-~~ ~ Variance Approval Extension -J anuary 2017 Date: Date: City of Orono 2750 Kelley Parkway Orono MN 55356 Receipt No: 3.017582 Meli ssa Santrach Planning and Zon ing Variance Extension 101-34230 952-249 -4600 Ma r 8, 1.(:il 50.00 Filing fee s-elections/plats Total: Check Check No: 20651 Payor: Melissa Sa ntrach Tota l Applied: Change Tende red: 50.00 50.00 50.00 .00 ------------------------------ 03/08/2017 10:51AM NOTICE OF CITY COUNCIL ACT ION CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Kathryn Alexander Alexander Design Group 401 E. Lake Street Wayzata, MN 55391 Kathryn@alexanderdesigngroup.com Kristy@alexanderdesigngroup.com ZONING FILE: 16-3814 DATE OF NOTICE: March 2, 2017 COPIES: Peter & Melissa Santrach 222 Hennepin Ave. S. Apt. 407 Minneapolis, MN 55401 psa ntrach@yadasystems.com Sven Gustafson Sven@Stonewood.com TYPE OF REQUEST: Variance Review-Revised House Location DATE OF MEETING: February 27, 2017 The City Council voted on a motion to adopt Resolution No. 6729 (copy attached) approving the revised site plan as proposed. This approval does not grant a lot coverage variance -please monitor the Council meeting of March 13 regarding pending changes to the lot coverage ordinance. VOTE: 5 FOR 0 AGAINST Variance approval is limited to the extent shown on approved plans and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance Extension. Variance approval normally expires one year after date of approval. Based on recent discussions with Sven regarding the expected start date of construction, you will need a one-year extension of variance approval to April 25, 2018 to be granted by staff per the provisions of Zoning Code Section 78-129. Please complete the enclosed Extension application and remit the $50 fee . This will extend your deadline for obtaining a permit to April 25, 2018. If you desire certified copies of the official City Council minutes, they are available from the City Clerk after review and approval by the Council. If you have questions, please contact Mike Gaffron at mqaffron@ci.orono.mn.us or 952.249.4622. Encl. -Resolution No . 6729 Variance Approval Extension Application CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6729 ----------- A RESOLUTION AMENDING RESOLUTION NO. 6613 REGARDING VARIANCES GRANTED FOR PROPERTY LOCATED AT 1700 BOHNS POINT ROAD -FILE NO. 16-3814. WHEREAS, on April 25, 2016 the Orono City Council via Resolution No. 6613 granted certain variances, including an average lakeshore setback variance, to allow construction of a new residence on property owned by Peter A. Santrach and Melissa A. Kreimer Santrach, husband and wife (hereinafter the "Owners") located at 1700 Bohns Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, a condition of that variance approval was that any amendments to the site plan which are not in conformity with City codes require further review; and WHEREAS, on February 16, 2017 the Owners submitted a revised site plan and building plans which depicted changes in the footprint shape, size and location of the proposed residence structure, such changes being located lakeward of the defined average lakeshore setback line and therefore triggering further review; and WHEREAS, the City Council has reviewed the changes and finds that the site plan revisions result in no additional impacts on neighboring properties' views of the lake and that the findings of Resolution No. 6613 are still valid and applicable. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the revised site plan and hereby amends the conditions of Resolution No. 6613 by substituting the revised site plan for the originally approved site plan. The revised site plan is attached hereto as Exhibit B. All other conditions of Resolution No. 6613 shall remain in effect as originally adopted. Adopted by the Orono City Council on the 27th day of February, 2017. ATTEST : Anna Carlson, City Clerk Dennis Walsh, Mayor EXHIBIT A RESOLUTION NO. 6729 LEGAL DESCRIPTION OF PREMISES: That part of Lot 3, "Auditor's Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point ofintersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivision No. 349 and the dividing line between Lots 3 and 4 in said subdivision; thence Southeasterly along the dividing line between said Lots 3 and 4, a distance of 114.85 feet to the angle point in said dividing line, said point being the actual point of beginning of the tract ofland to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence East deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lots 2 and 3 in said subdivision; thence Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at right angles to the dividing line between said Lots 3 and 4. Also an undivided l /18 interest in Lots 10 and 11 , "Auditor's Subdivision No. 349 Hennepin County, Minnesota". Together with an easement for road purposes over that part of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract ofland hereinabove described; thence Southeasterly along the dividing line between said Lots 3 and 4, 114.85 feet to the angle point in said dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract ofland hereinabove described and there terminating, as shown in deed Doc. No. 316624. Together with an easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Southerly of the line drawn across said Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor's Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot right of way being 20 feet wide as measured at a right angle to the dividing line between said Lots 3 and 4, as shown in deed Doc. No. 316624. \ I\ \ \ \ I \ I\ I I I \ I \ I \ \ \ I \ \ \ \ \ I \ \ \ 20 SEWE" E:A5£MENT. \ ' PER DOC HO e &2120 ..... f . I LC)T 17-05~ I I \I II I\ 1 I II 11 I I I I ·-.SOUTHEASTERLY LM OF LOT 11, AUD. SUB. NO . J 49 '- i t_ 0 I , I I I I I I I I CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRAC H IN LOT 3, AUDITOR 'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNESOTA (t01.7) .. -,··11nr .--·/.I I I I \ . ,,..., I I I I I I I r_,..._ _____ _..., 1 /, 1 , 1 I / I I \ / / I/ I // / I I / / I I /_/l l/1 / 1 1t / r'1 ))~,.-····c·····r·~~-"\: · -----\ I I \ I \ \ I \ I \ \ I \ I I \ \ I I I I \ \ '"'" I \ I \ I \ \ 162.82 ·-·· -· ---· (907.1) LAKE MINNETONKA CR YSTAL BAY PROPOSED ELEVATIONS (per ar c hi tect, ve rify) 1) Main floor = !962.0! 2) Goroge = !96 1.5 ! 3 ) lower level = 1951.0i 4 ) Lowest basement = 1949.9! LEGAL DESCRIPTION OF PREMISES Thot port of Lot 3 , "Auditor' s Subdivision No. 349, Henne pin Co unty, Minn esota " described as follows: Commenci ng ot the poi nt of intersection of the Sout h easter ly line of Lot 11 in soid Auditor' s Subdivision No . 3 4 9 ond t he d ividin<J line between Lots 3 o nd 4 in sold subdivision: t hence Southeasterly olong t he div1d tn~ line between said Lots 3 and 4, o distanc e of 114.85 feet to the ongle point in said d ividi ng line, said poin t being the actual poi nt o f beginning o f t he tract of lond to be described; thence Southerly along t he dividing line be t ween said Lots .3 and 4, a d istonce of 130 feet; thence East deflec ting to the left at on angle of 90 de grees 14 minutes to the shore of La ke Minnetonka; thence Norther ly along shore of said lake 160 feet more or less to t he dividing li ne between lots 2 a nd .3 in said subd ivision; thence Westerly olon9 the dividing line between said l ots 2 and 3 , to the angle point in last said di viding l ine; thence c o ntin uing Westerly in a straight line to t he actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at right angles to the dividing li ne between said Lot s 3 and 4. Also on undivided 1/18 inte rest in lots 10 and 1 1, "Auditor's Subdiv ision No . 349 Hennepin County. Mir,neso to". Together with on easement for rood pur poses over tha t p ort of s o id l ot 3 , lying Westerly of the West erly line of the p r emises hereinobov e f irst descr ibed ond Northeasterly of o li"e described os foOo ws: Beginning ot initial point o f commencement of the troct of land her einobove described; t hence Southeaster ly olong \he d ividin9 line bet ween said l ots .3 on d 4 , 114.85 feet l o \he angle point in said div idi ng line: thence cont inuing Sout he as t er ly on on ex t ension o f said div iding line t o the Wester'ly tine of the tract o f land hereinobove descri bed and t here ter minating, as shown i n deed Doc. No. 3 16624. Togeth er with an ea~ement for r ight of way for driveway purposes ov er that part of t he West er ly 2 0 feel of said L ot .3, l ying Nor ther ly of the South line of the premises hereinabove f irst descr ibed ond Souther ly of the line drown across sa id Lo t 3 , from the ongle poi nt in t he divi ding line between lots 3 and 4 to the angle point i n the dividin g line between l o t s 2 and 3 in said "Audi tor ' s StJbdivision Number 349, Hennepin County, Min nesota", said descri bed 20 fo.ot r ight o f way being 20 feet wide as measur ed at a r ight angle to the dividing line be t wee n soid l ots .3 and 4 , as s h o wn in deed Doc. No . 316624. • : denotes ir on marker found (908.3) : denotes e:(i st i ng spot elevati on, meon sea level datum j910.s j : denotes proposed spot elevation, mean sea level datum --917---: denotes ex isting contour line, mean sea level datum ~: denotes pr oposed c ont o ur line, mean sea level datum Bearings shown or e based upon on assumed dat um . This sur vey intends t o show t he boundar ies o f t he above d escribed pr opert y , the location of an existing ho use , to be removed, trees, spot elevat ions. and topogr ap hy, and the p roposed location of o proposed house , dr iveway, patio ond gr ades thereon . It does not purport l o show ony other im provements o r enc roachments . NOTE: Accurocy of hcirdcov er location, and extent of addit ional hardcover is limited by ice and snow cov er. NOTE : Easements shown ore those listed in Ti lle Resour ces Guara n ty Co mpany Title Comm itment No . 15-01655 doled 2-3-15 . 0 Resoluti on Exhibit B I- (.) w --, 0 0:: a.. ST A TE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing document adopted at the meeting of the Orono City Council on February 27, 2017, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this ___ day of _________ _ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2017 7:00 o'clock p.m. 7. MISSION APPOINTMENTS -RESOLUTION NO. -~ _7.;:;--.-,;:;%-~ Walsh noted the Council intervie ree candidates before tonight's meeting fq_r,Jbe-~~~mmission and that he would recommend Natalie W1 and Brian Roath be app_<j .!}.te~ommissioners, with Beth Davis and Rick Carter being appointed as alte s. __ ,,,~--"-- .-;;::·;;;,- ~-••l~,:,.-~ :::,_~ Printup moved, Dan key seconded, to adop_tJlE-SOLUTION N --; , . -~solution Designating Appointments to the Orono Parks onfmission. VOTE: Ayes 5, NaysO~ -. . "'-~ ~ ono City Council recessed from 8:35 p.m. to 8:38 p.m. for the BRA ~~'- PLANNING DEPARTMENT REPORT 8 . #16-3814 A LE XANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, l 700 BOHN'S POINT ROAD, REVISED HOUSE LOCATION -RESOLUTION NO. Sven Gustafson, Stonewood, LLC, and Kathryn Alexander, Architect, were present. Gaffron stated in April of2016, the applicants were granted a variance to allow construction of a new residence to replace the existing residence on a lot consisting of0.62 acres in area where 1.0 acres in area is normally required. Since that approval the applicants have made revisions to their plan to change the footprint and location of the structure to be lakeward of the average setback line. In addition, the applicants are requesting 16.70 percent structural coverage rather than the 14.99 percent originally proposed. Hardcover will remain at the previously approved percentage. The increase in structural coverage results in the need for an additional variance that was not originally applied for nor granted. In the opinion of Staff, the minor building size and location changes lakeward of the average lakeshore setback line will have a minimal impact on the lake views enjoyed by the adjacent properties. Staff does not recommend granting any approval for the increase in structural coverage pending Council action regarding the structural coverage ordinance. If Council action results in eliminating the need for a variance, no further review is necessary. If a variance is ultimately required, Staff would recommend that a new application be filed. Walsh stated he could not tell on his map if a deck is going into the 0-75 foot area. Alexander stated the whole building is behind the 75-foot line. Alexander stated to her understanding that is an elevation. Walsh stated he did not have any issues with anything else. Gustafson stated the elevation of the patio is the same as previously. Gustafson indicated the area is all raised up above grade with foundation retaining walls. Previously that area was filled in with dirt and now it will be excavated out. Page 15 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 27, 2017 7:00 o'clock p.m. 8. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD, REVISED HOUSE LOCATION -RESOLUTION NO. (continued) Printup stated he is fine with the average lakeshore setback. Walsh noted the applicants did not request a stru ctural coverage variance so the City Council cannot grant a variance. Gustafson noted the square footage of t his house is actually smaller than what was originally approved even though the structural coverage number is higher. Dankey moved, Crosby seconded, to adopt RESOLUTION NO. , a Resolution Amending Resolution No. 6613 Regarding Variances Granted for Property Located at 1700 Bohn's Point Road, File No. 16-3814. VOTE: Ayes 5, Nays 0. #17-3901 MIKE DEMENGE, 4380 SIXTH A VENUE NORTH, VARIANCES- LUTION NO. Printup :ved, Seals seconded, to adopt RESOLUTION NO., a Resolution Approving-·Variances from Muni~ l Code 58-47 and Municipal Zoning Code Section 78-395, for the pr91ferty located at 4380 Sixth Aven e North, File No. 17-3901. VOTE: Ayes 5, Nays 0. ,/ ~ / 10. DEVELOP~~T PROCESS REVIEW COMMITTEE RECOM1'JE~DA TIONS . ,, 1l·· Barnhart stated the Developirt'eJ)t Process Review committee has met twice' since the beginning of the year. This committee is comprfs~ of builders, users of City services1,sfaff, and two Council Members. The goal of the committee is to rev~ the City's processes to see )Yl'iether any improvements can be made. Some of the recommended cha~s can be implemented_immediately and some changes will require an amendment to the City Code. 'M9-st of the change~.fo City Code require a review by the Planning Commission and a public hearing.'"' ... ·· "-., _.,· The Committee is recommending the following: '\,( / "-,, 1. Removal of the escrow agreement for _prbjects th1 t--0:o not include a new building or an addition to a building. The escrow agreement 9asically guarantees. that the builder is going to pay their bills as part of their permit. Staff does,•not suggest removing-·th_e protection between buyers and sellers found in Section 58-77. , .. / ' , ,,:•,·· ·," 2. Removal of the requiremerti for an escrow deposit. Staff does not.recommend this change since this is an effective tool in completing and maintaining erosion control i&sues and providing the as- built surveys and ot~i-documentation, as well as payment of pass-through __ ~ngineering and legal fees, to the benefit-bf the general taxpayer. ·-., ~ 3. Modification,t6 what is required in surveys or, at a minimum, when surveys are required. To meet the G✓mmittee goals, Staff recommends amendment to Section 86-68 which stipul . tes when a survey.o'r site plan must be completed by a person registered by the state of Minnesota.-", l "'l / ~ // Page 16 of 23 /. / Date Application Received: 2/16/17 Date Application Considered as Complete: 2/16/17 60-Day Review Period Expires: 4/15/17 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Date: February 27, 2017 Item No.: 8 Agenda Section: Name: Michael P. Gaffron Title: Senior Planner vvi rJ\,~ 1~./;VZ"' S-,,o Item Description: #16-3814, Alexander Design Group o/b/o Peter & Melissa Santrach, 1700 Bohn's Point Road -Revised House Location -Resolution Zoning District: Lot Area/ Width: List of Exhibits LR-1 B, One Family Lakeshore Residential, 1.0 acre/140' min. width 27,210 s.f. (0.62 acre), 165 ' wide at OHW, 152' at 75' lake setback line A -Revised Site Plan & Building Elevations B -Original Approved Site Plan & Building Elevations C -Comparison of Approved and Revised Site Plans D -Original Approval Resolution No. 6613 E -Draft Resolution Approving Revised Site Plan Background In April 2016 the applicants were granted a variance to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; a variance to allow encroachment of the average lakeshore setback; and a variance to allow hardcover of27.2% where only 25% would nonnally be allowed Since that approval the applicants have made revisions to their plan which change the footprint and location of structure located lakeward of the average setback line, which per the original conditions of approval requires further Council review and approval. Additionally, the revised plan constitutes 16. 70% structural coverage rather than the 14.99% originally proposed, requiring a variance. Hardcover will remain at the previously approved percentage. The changes in building shape, size and location can be compared with the o riginal approved site plan in Exhibit C. The shape of the house has changed to be more elongated, with slight revisions of the orientation within the site. The increase in structural coverage is in part due to the rounded patio at the southeast corner now having a storage room below instead of being simply a grade-level platform above a retaining wall. This change converts its status from si mply hardcover to structural coverage. Visua lly, the changes as a whole are relatively minor and will have very minimal if any impact in decreasing the n eig hboring properties ' views of the lake. #16-3814 February 27, 2017 Page 2 The structural coverage increase suggests the need for an additional variance that was not originally applied for nor granted. Depending on upcoming Council action regarding changes to the Structural Coverage ordinances, the need for this variance may be eliminated. If not, staff would recommend that the applicants apply for a structural coverage variance. Staff Recommendation In the opinion of staff the minor building size and location changes lakeward of the average lakeshore setback line will have an insignificant impact on the lake views enjoyed by the adjacent properties. Staff recommends approval of the changes based on the findings contained within the original resolution adopted in 2016. This will be documented by the attached resolution that adopts the revised site plan. Staff does not recommend granting any approval for the increase in structural coverage, pending Council action regarding the structural coverage ordinance. If Council action results in eliminating the need for a variance, no further review is necessary. If a variance is ultimately required, staff would recommend that a new application be filed. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution entitled A Resolution Amending Resolution No. 6613 Regarding Variances Granted for Property Located at 1700 Bohn 's Point Road -File No. 16-3814. Date Application Received: 2/16/17 Date Application Considered as Complete: 2/16/17 60-Day Review Period Expires: 4/15/17 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planner SG4AJ.Nbt:) ~ S&fJ1~ C,.0(,1/1) <IL--'°4({~.-z--S .- cf' M~s ?/?3/17 /;2-e; r--- Date: February 27, 2017 Item No.: Agenda Section: Planning Dept. Item Description: #16-3814, Alexander Design Group o/b/o Peter & Melissa Santrach, 1700 Bohn's Point Road -Revised House Location -Resolution Zoning District: Lot Area/ Width: List of Exhibits LR-lB, One Family Lakeshore Residential, 1.0 acre/140' min. width 27,210 s.f. (0.62 acre), 165 ' wide at OHW, 152' at 75' lake setback line A -Revised Site Plan & Building Elevations B -Original Approved Site Plan & Building E levations C -Comparison of Approved and Revised Site Plans D -Original Approval Resolution No. 6613 E-Draft Resolution Approving Revised Site Plan Background In April 2016 the applicants were granted a variance to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; a variance to allow encroachment of the average lakeshore setback; and a variance to allow hardcover of27.2% where only 25% would normally be allowed Since that approval the applicants have made revisions to their plan which change the footprint and location of structure located lakeward of the average setback line , which per the original conditions of approval requires further Council review and approval. Additionally, the revised plan constitutes 16.70% structural coverage rather than the 14.99% originally proposed, requiring a variance. Hardcover will remain at the previously approved percentage. The changes in building shape, size and location can be compared with the original approved site plan in Exhibit C. The shape of the house has changed to be more elongated, with slight revisions of the orientation within the site. The increase in structural coverage is in part due to the rounded patio at the so utheast comer now having a storage room below instead of being simply a grade-level platform above a retaining wall. This change converts its status from simply hardcover to structural coverage. Visually, the changes as a whole are relatively minor and will have very minimal if any impact in decreasing the neighboring properties' views of the lake. #16-3814 February 27, 2017 Pagel The structural coverage increase suggests the need for an additional variance that was not originally applied for nor granted. Depending on upcoming Council action regarding changes to the Structural Coverage ordinances, the need for this variance may be eliminated. If not, staff would recommend that the applicants apply for a structural coverage variance. Staff Recommendation In the opinion of staff the minor building size and location changes lakeward of the av erage lakeshore setback line will have an insignificant impact on the lake views enjoyed by the adjacent properties. Staff recommends approval of the changes based on the findings contained within the original resolution adopted in 2016. This will be documented by the attached resolution that adopts the revised site plan. Staff does not recommend granting any approval for the increase in structural coverage, pending Council action regarding the structural coverage ordinance. If Council action results in eliminating the need for a variance, no further review is necessary. If a variance is ultimately required , staff would recommend that a new application be filed. COU NCIL ACTI ON REQU ESTED Motion to adopt the attached resolution entitled A Resolution Amending Resolution No. 6613 Regarding Variances Granted/or Property Located at 1700 Bohn's Point Road-File No. 16-3814. CITY OF ORONO Exhibit C RESOLUTION OF THE CITY COUNCIL NO. 6 6 1 3 A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTIONS 78-330, 78-1279(6) AND 78-1700 FOR PROPERTY LOCATED AT 1700 BOHN'S POINT ROAD -FILE NO. 16-3814. WHEREAS, Peter A. Santrach and Melissa A. Kreimer Santrach, husband and wife (hereinafter the "Applicants") are Owners of the property located at 1700 Bohn's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, on February 17, 2016 the Applicants made a complete application to the City for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27.2% where only 25% would normally be allowed; and WHEREAS, on March 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 21, 2016 , the Planning Commission on a vote of 3-2 recommended approval of the variances as requested; and WHEREAS, on April 11, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning this property: FIND INGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. Page I of 7 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. ________ _ A2. The Property is located within the LR-1 B Single Family Lakeshore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' for construction of a single family residence. A3. The Property is 0.62 acres in area, being approximately 165 feet in defined width at the OHWL of Lake Minnetonka and approximately 150 feet in width at the 75 ' lakeshore setback line, and contains an existing single family residence. The property is considered as legally nonconforming with regard to lot area. The property while being smaller than most other lots in the Bohn's Point neighborhood, is sufficiently sized to allow construction of a single family home meeting all required lot line setbacks and structural coverage requirements. A4. The property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed construction to replace the existing home will decrease the level of hardcover on the property from 29.0% to 27.2%, still above the allowed percentage of 25%. AS. The proposed construction will result in a conforming level of lot coverage by structures of 14.99% where 15% is allowed. A6. The applicants have owned the property for approximately one year and propose to remove the existing residence and construct a new home on the site. A small portion of the existing house is located 65' from the lake, while the entire new house is proposed to meet the required 75' lake setback. However, because the adjacent property to the south is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent house to the north, which is 115 ' from the lake, hence a variance is requested. A majority of the existing residence encroaches past the defined average lakeshore setback line. A 7. The neighboring property to the immediate north which defines the average setback line as well as most of the properties along the east side of Bohn's Point are much deeper than the Applicants' property, and as a result the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115 ' setback, the applicant's property would have a buildable envelope of 25' -40' in depth and 120 ' in width, potentially resulting in a long narrow home stretching from side lot line to side lot line, likely not in character with the neighborhood. A8. A critical factor in whether an average setback variance is appropriate is whether granting the variance will negatively impact existing views of the lake enjoyed by neighboring property owners. A majority of lake views for the adjoining home are directly toward the lake , not across applicants' property, and existing evergreen screening between the two homes provides a visual barrier. Further, the northerly portion of the new proposed Page 2 of7 C IT Y OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ residence will be set back from the lake approximately 10 feet further than the existing house, so that any neighbor views that do exist will be opened up further. A9. Proposed hardcover on the property consists primarily of the house and driveway, with sidewalks , steps and patios accounting for the remainder. This is one of the smallest lots on Bohn's Point. The proposed house footprint is within the 15% structural coverage limit. Proposed hardcover at 27.2% is approximately 600 square feet over the 25% limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. The proposed hardcover decrease is accounted for in ancillary hardcover such as decks, sidewalks and stairways. AI0. Applicants are proposing a reduction from the existing 29.0% to 27.2% hardcover, which is a positive improvement. Additionally, the lack of nearby on-street parking and the relatively small (compared to the neighborhood) lot size are practical difficulties justifying the hardcover variance. The property is served by a long, narrow shared driveway that is not wide enough to allow for parking, forcing on-street parking to be 200 feet or more from the proposed residence in the southern loop area of Bohn's Point Road. This factor supports the need for additional driveway hardcover within the property. Al 1. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: Bl. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " . Single family homes and the associated amenities are permitted uses in the LR-JB district. The average setback variance will preserve lake views enjoyed by adjacent homeowners. Hardcover will be reduced from its existing level B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. B3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: 1. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls." Page 3 of7 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ 11. The plight of the landowner is due to circumstances unique to his property not created by the landowner." 111. The variance, if granted, will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. The plight of the property owner with respect to the average setback variance is due to the existing location of the adjacent principal structure on the lot to the immediate north, which is located further from the lake than the minimum 75 foot setback; applicants' property does not extend landward far enough to meet the average setback. This circumstance is inherent to the lot and was not created by the landowner. The hardcover variance request is a function of the substandard lot size and the applicants' desired house size and driveway layout; additionally, the added hardcover for driveway and off-street parking is necessitated by the lack of on-street parking within a reasonable walking distance from the residence. The lot was created prior to current zoning standards and the substandard lot area was not created by the property owner. The character of the neighborhood is not likely to be significantly altered by replacement of the existing residence in the manner proposed. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. BS. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence is an allowed use in the LR-lB District B 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The average setback that applies to this property is unique and unusually lengthy due to the location of the home on the adjacent property to the north. The 25% hardcover limitation applies to all Tier 1 residential properties located at the lakeshore and is not p eculiar to this property. B9 . "The conditions do not apply generally to other land or structures in the district in which the la nd i s located." . The standards applicable to this property apply to all other property in P age 4 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ the neighborhood; however, the exisnng location of the neighboring residence building makes it difficult to replace the applicants' home in a location appropriate for the property while meeting the conditions imposed by the City ordinance. Additionally, the remote location of the residence from available on-street parking is not typical in this neighborhood. B 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the average setback variance and lot area variance is necessary to preserve the property rights of the owner to build a new residence on the property. While granting of the hardcover variance is not essential to maintaining the property owners' rights to have a home on the property, the variance would assist in providing for off-street parking since the shared driveway serving as access to the property is not wide enough to provide for on-street parking. B11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals , or in any other respect be contrary to the intent of this chapter." Granting of the average setback variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Granting of a hardcover variance is justified by resulting in a reduction of hardcover from existing levels and will enhance applicant and visitor safety by providing for off-street parking. B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the average setback variance is necessary to solve a practical difficulty. Granting the hardcover variance helps to solve the practical difficulty related to parking in the area by providing for off-street parking where on-street parking is lacking. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27 .2% where only 25% would normally be allowed; subject to the following conditions: 1. Council approval is b ased on the survey and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the property shall not exceed 27.2% as shown on the hardcover calculation worksheet Page 5 of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ attached as Exhibit C. Any amendments to the approved survey or site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the project and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date {April 25, 2017). 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. Page 6 of7 ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 6 1 3 NO. _________ _ ,rel This instrument was acknowledged before me this 3 day of /'J/l.c,t.;.,/ , 2016, by Peter A . Santrach, husband of Melissa A. Kreimer Santrach. Notary Public '/ =A /eu__µJ O Dc:I_J~7 ST A TE OF MINNESOTA COUNTY OF HENNEPIN rd This instrument was acknowledged before me this 3 day of Melissa A. Kreimer Santrach, wife of Peter A. Santrach. fhcu/ , 2016, by l RACHEL DODGE NOTARY PUBLIC • MINNESOTA My Commission Expires Jan. 31, 2020 Notary Public a Page 7 of? EXHIBIT A RESOLUTION NO. 6 6 1 3 --- LEGAL DESCRIPTION OF PREMISES: Resolution Exhibit A That part of Lot 3, "Auditor's Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point of intersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivision No. 349 and the dividing line between Lots 3 and 4 in said subdivision; thence Southeasterly along the dividing line between said Lots 3 and 4, a distance of 114.85 feet to the angle point in said dividing line, said point being the actual point of beginning of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence East deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lots 2 and 3 in said subdivision; thence Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being m~ at right angles to the dividing line between said Lots 3 and 4. Also an undivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision No. 349 Hennepin ColDlty, Minnesota". Together with an easement for road purposes over that part of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove described; thence SoutheMterly along the dividing line between said Lots 3 and 4, 114.85 feet to the angle point in said dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract ofland hereinabove described and there terminating, BS shown in deed Doc. No. 316624. Together with an easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Southerly of the line drawn across said Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said· Auditor's Subdivision Number 349, Hennepin Co1mty, Minnesota", said described 20 foot right of way being 20 feet wide BS measured at a right angle to the dividing line between said Lots 3 and 4, as shown in deed Doc. No. 316624. J.031'<»1d < ~ z 0 >- E-< < ~ II) z ..:I z < .... E,-o ~ rn ~ >- :::-:: ~ t.) < ..:I 'I . l bf ------__ ,-f--------== ~ ~-:::,.-_,. _..---' -=-----===-0 \ --------~ \ ' ti \ ..J \ !~ ..i... 1-"C' "-< \ '\' '\ I I 0 -' i C ~ ; (C E ..... ,-. --~ I ~ l -:_ ~ 0 ~ :I ' ' . City of Orono e Hardcover Calculation Worksheet Resolution Exhibit C , D ('!'AtvrA~ rJ.I) Date: 2 -/S-f( 6 6 1 3 Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier S -------.,., Step 2: ROPOSED HARDCOVER In the followlng table, ide all items of proposed hardcover on 1he property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features oy letter which are split at the 75' setback line and calculate hardcover square footage tel J h rtio seoara or eac po n. Key to Hardcover Item (Describe) Length X Width Total Survev CSouare Feetl (Examolel tGaraae) (24' x3D') C720 S .F.} A N11~J''° ( ,,. b~f)f~,1) -?t:;81') S.F. B ,.,,~, 6 ,, ~aa S.F, C ~.1,v,,_,,_,,.,., t .I 200J) S.F. D '-'.J~I ~ ,, ✓ S' 'j S.F. E J.9rf"llf. .A .!Tl:'# r Lr° l'iJ.M t:' f Fv, ,. _ _,..,.,.J I ,~ S.F. F c"/fi.H> l~-r. #_._,,It.'(' iLJ o-1srz #iVt:' (',:) I ,..,..,,.._ ,·t: ) 3~ '7 S.F. G .,...._J»_ ...... 1'~ru~ ,e:>t,-fv,A~1 . .,~ aR S.F . H ,,. ___ ~n·. #~.h,;J A1.1 ... ,,.;: .. ~ n-7("1 .,60 -·· • , ,-x, rr,... - "" ¥ S.F. I rr~Pr J. .1J.JA 1 .1 ~,.., S.F. J S.F. K S.F. L S.F. M S .F. N S.F. 0 S.F. p S.F. a S.F. R S.F. s S .F. T S.F. u S.F. V -· S.F. w ... S.F. X S .F. y S.F. z S.F. (1) Total Pronm:ed Hardcover 7~0 .'i S.F. Exeludable Hardcover (See Cltv Code Sec 78-11114): LJ ctu-A.,,..-.,~ ~,.; ,...-,,/'/.I C' A 'C A.-7~#76. -,,r ✓l'J~ S.F. S .F. S.F. . S.F . S.F. (2) Total Excludabla Hardcover IOv S .F. (3) Net Ptooosed Hardcover [Subtract line C2l from line (1 l1 ,,o~ S .F. (4} Total Lot Area Z7 z,o S .F. Proposed Hardcover Percentage [ (S) + (4 ) ) 2 7. 20 '!. RECEIVED Thia 1, an lnlormalJon pac#(et regarding Hardcover. Every efl'olt ha bHn made to lfl&Ul9 the accuracy of the lnlo!mation conta~ herein; /JOWewr, If any Information Is not COfl$istent with /)lr1mfons of the Cly Code, the Code provf$10ns wlH p,eveli. t tH 1 7 20t 6 Page 9o/9 # 3814 Ci'tv OF ORONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. __________ _ A RESOLUTION AMENDING RESOLUTION NO. 6613 REGARDING VARIANCES GRANTED FOR PROPERTY LOCATED AT 1700 BOHN'S POINT ROAD -FILE NO. 16-3814. Exhibit E WHEREAS, on April 25 , 2016 the Orono City Council via Resolution No. 6613 granted certain variances, including an average lakeshore setback variance, to allow construction of a new residence on property owned by Peter A. Santrach and Melissa A. Kreimer Santrach, husband and wife (hereinafter the "Owners") located at 1700 Bohn's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, a condition of that variance approval was that any amendments to the site plan which are not in conformity with City codes require further review; and WHEREAS, on February 16, 2017 the Owners submitted a revised site plan and building plans which depicted changes in the footprint shape, size and location of the proposed residence structure, such changes being located lakeward of the defined average lakeshore setback line and therefore triggering further review; and WHEREAS, the City Council has reviewed the changes and finds that the site plan revisions result in no additional impacts on neighboring properties ' v iews of the lake and that the findings of Resolution No. 6613 are still valid and applicable. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the revised site plan and hereby amends the conditions of Resolution No. 6613 by substituting the revised site plan for the originall y approved site plan. The revi sed site plan is attached hereto as Exhibit B. All other conditions of Resolution No. 6613 shall remain in effect as originally adopted. Adopted by the Orono City Council on the 27th day of February, 2017. ATTE ST: Anna Carlson, City Clerk Dennis Walsh, Mayor EXHIBIT A RESOLUTION NO .. __ _ LEGAL DESCRIPTION OF PREMISES: That part of Lot 3, "Auditor's Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point of intersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivision No. 349 and the dividing line between Lots 3 and 4 in said subdivision; thence Southeasterly along the dividing line between said Lots 3 and 4, a distance of 114.85 feet to the angle point in said dividing line, said point being the actual point of beginning of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence East deflecting to the left at an angle of90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lots 2 and 3 in said subdivision; thence Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at right angles to the dividing line between said Lots 3 and 4. Also an undivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision No. 349 Hennepin County, Minnesota". Together with an easement for road purposes over that part of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove described; thence Southeasterly along the dividing line between said Lots 3 and 4 , 114.85 feet to the angle point in said dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract ofland hereinabove described and there terminating, as shown in deed Doc. No. 316624. Together with an easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Southerly of the line drawn across said Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor's Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot right of way being 20 feet wide as measured at a right angle to the dividing line between said Lots 3 and 4, as shown in deed Doc. No. 316624. 17-059 CERTIFICATE OF S U RVEY FOR PETER & MEL I SSA SANTRAC H IN LOT 3, AUDITOR'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNESOTA (~7.7) ~!:,1,_>) ·r· . ··••'f·········••j' ... ,~---·· \ , ..... •·, I I I I I'° I ··; I I ; ! ' \ \ I I I I I \ \ #-·_, I ,' I ! 1 \ / i / \ \ / / I I \ / / . \ / / I/~ \ //,.!! \ ,'. / ·r / I /'" •• I I ' I I I ..;I . • I L. I I.. ' 47 "1 ~+''<-I 77•p 4 / I /,• "'!!f'f,, t ~"',\'r{r,;:. 1•" ·······r i ,,~: .. ---·r ' \ \ I ·, \ \ \ \ \ I \ \ \ \ \ \ \,~.~ \ I ~.~ .. ············ S 8.7°24 ' 42 \ W / -< ) _,.,/ \. /----' ,,-;,<' PROPERTY IS VACANT "-"'- I*-'>\ .. ) (~~\ 16 2 .82···· .. (167.1) \/ LAKE MINNETONKA CRYSTAL BAY .929.◄ CONT~ Lt£ (0.H.W.) Reso lution Exhibi t B PROPOSED ELEVATIONS (per archit ect, ve rify} 1) Main floo r = 1962.0I 2) Garage = 1961.51 3) Lower level = rnI[QJ 4) Lowest basement = l949.91 LEGAL DESCRIPTION OF PRt MISES That port o f Lot J, "Auditor 's Subdi v ision No. 349, Hennepin County, Minnesota" described as follows: Commenci ng at the point of in t e r sec t ion of t he Sou t heaster ly line of Lot 1 1 in sa id Aud tor ' s Subdivi sion No. 349 and the di vidi n~ line between lots 3 and 4 in said subdivisi on; thence Southeasterly along t he d iv1d in9 l ine hetween said Lots 3 ond 4, a distance o f 1 14.85 feet l o the angle point in said dividing line, said point being the octuol point of beginning of t he t r act o f land to be described; thence Southerl y along the dividing line between s oid Lots 3 and 4 , o d istance of 13 0 feet; thence East deflecting to the left at on angle of 90 degrees 14 minutes to t he shore of Lake Minnetonka; thence Northerly along shor e of said lake 160 feet mor e or less to the dividing line bet wee n Lots 2 and .3 in said subdivision; thenc·e Wes terly alon9 the dividing line between said Lots 2 and 3 to the angle p oint in lost said dividing line; t hence continuing We ster ly in a s traight line t o the actual point of beginning; except the Westerly 20 feet th~r eof. said 20 f ee t being me asured a t r ight angles to the div iding line between said Lot s 3 and 4. Also on undivided 1/18 interest in Lots 10 and 11 , "Audi tor's Subdivis ion No . 349 Hennepin County, Minnesota". Together wi th on e asement for r ood purpo ses over t hat port o f said Lot 3, lying Westerly of the Westerly line of t he premises hereinobove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract o f land hereinobove describ ed; thence Southeasterly a long t he dividin9 line between sa id Lots 3 and 4 , 11 4 .85 feet to the angle p o int in s aid dividing line; t hence con t i nuing Southeaster ly on on extension of said dividing line to the Weste rly line of t he tract of land here inobove described and there termina t ing, as shown in d eed Doc . No. 316624. Together wit h on easement for right of way for driveway purposes over that port of t he Wes terly 20 feet of said Lot .3, lying Nor therly of the South line of the premises her eir ,obove first descr ibed and Southerly o f t he line drown across said Lot 3. 'ram the angle poin t in t h e d iv iding li ne bet ween L ots 3 and 4 to the angle point in the dividi ng line be tween Lo t s 2 and 3 in said ·• Auditor' s Subdiv ision Num ber 349, Hennepin County, Minnesota", said descr ibed 20 foot right o f way being 20 feet wide as measured . a t o r ight angle to the dividing tine between sa id Lots 3 and 4 , as shown 1n deed Doc. No. 3 16624. • denotes iron marker found (908.3): denotes exi sting spot elevation, mean sea level datum 1910.81 : denotes propo sed spot elevation. mean sea level datum --·9 17· --: denotes existing contour line, meon sea level do t um --®ID-: denotes pro~osed contour line, mean s ea l eve l datum Beari ngs shown ore based upon on assumed da tum. This survey intends to show t he boundaries of t he above describ ed property, the location of on e xisting house , t o be r emoved, trees. spo t elevo t ions, and t opogr aphy. and t he prop osed locotio n of a pr oposed house, driveway, pat io and grades thereon. It does n ot purpor t to show ony other improvements or encroachments. NOT E: Accuracy o f hordcover location, and extent of add itional har dcover is limit e d by ice and sno w cover. NOT E: Easements shown ore tnose listed in Ti tle Resour ces Guaranty Company Title Co m mit ment No. 15-01655 doted 2-3 -15. I- (.) w -, 0 a::: Q.. Orono, MN Code of Ordinances Page 1 of 1 Sec. 78-128. -Expiration. Variances shall expire one year after the date of council approval if not used and an extension has not been granted. Any change in use of the property shall require a new variance. In no case shall more than three, one year extensions be granted. (Code 1984, § 10.08(8); Ord. No. 80 3rd series, § 1, 11-22-201 0; Ord. No. 153 3rd series, § 2, 8-10- 2015) Sec. 78-129. -Extension . Extensions may be granted by either city staff or the city council pursuant to the following: (a) (1) An extension of up to one year may be granted by city staff upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance. If an extension is granted, the varia nee shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (2) If city staff denies an applicant's request for an extension, the applicant may request an extension from the city council. The city council may grant an extension of up to one year. If an extension is granted, the variance shall expire at the end of the extension period unless the applicant applies to the city council for an additional one-year extension. (b) The city council may grant an additional extension at the expiration of an extension granted by either city staff or the city council upon the applicant's request, provided that the request is made at least 60 calendar days before the expiration of the variance extension. (c) The terms and conditions applicable to a variance at the time of its original approval continue to apply when an extension is granted by either city staff or the city council. Upon receiving a request for an extension, neither city staff nor the city council may alter or amend any of the terms and conditions applicable to the variance or condition the granting of an extension on alteration or amendment of any of the terms or conditions applicable to the variance. (Code 1984, § 10.08(9); Ord. No. 80 3rd series, § 2, 11 -22-2010) about:blank 3/1 /2017 \ \ \ \ ~ \ CERTIFICATE OF SURVEY FOR \ . \\ \ I \ \~\ I \ \ \\ \ \ \ II \ I \ \\ \ \ \ I\ I PETER & MELISSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO . 349 HENNEPIN COUNTY , MINNESOTA \ • \ I I \ \ \ I \ 11 I \ \ I\ I [11;~ .. '-=:--\--MI I I I \ I I - \ \ 1 \ I f (III C,.SIO~ ] 0 ~-/ I / '"" '°" LOT ,--.., / __ ..,..,.. -·/ .,.. I \ DOSlNl H01JSE _..,.__..---,; I w. ,,._-,..-·r-·'v \ \ I \. . 4 ' \ \ .. .I ---r--P;T:1\ \ \ \ \ \ \ ._Q_ I I JI I I I \ \ \ \ \ \ ' i-,_. , _ _,,,,...., I/ 1 1 I I I \ I I \ \ .,.. -·--I.,,,,,.,,,.. '-.,,. _ _..,,. I ... I ............. .,,..----; \ ,; ',,,, ---/1,0i ,',, ',, --/ / ', ',, / / ',,, ',, ,, / ,, 't / ,-',-..,4.. I',,, / '-U,,:C.--' ,, . / "'°"'!€AS~;..,. NO, 3'9 "-,, ....I. '~ ,-LOT '1, ',...----~~.:-.. ,/ ',, ',1 . L ' ................ ~,\_..., ... ~· ..... I N ...... \ \ . ',, ',, 0 T ', ~\~, \ w ' ~ 11 ' \ o I ' o r ', \o t \ \ I ' k I \ " \41 I gl \ \ ~\ ..... ,, f I I ; I I \ ,,// / I \ \ \ \ \ -• I \ \ ////! \ \ \ \ \ \ \'i ' L / / //{ : \ \ \ \ \ I• \ O 'T' I \ \ \ \ \ ~,, \ i I I 12 I \ ' -·'"~ ' \ii Y-• ,#' f "I 'ob I " "" I ~,,J.. ~~ / "'fi : -'1~. -/ D I I . I d i , /1 ·' -I {-.H-A-' -----------=-s~•24• 42\ w \ ! \ I ,, / '\ ') ',, / b",j! ____ / .,,--l'R-;.TY O v,c,xr ',, I f l ,,-------r,<' -" ' JI I ... ,,'<.) -..ii I \ I 'v # 3814 LAKE MINNETONKA CR YSTAL BAY RECEIVED FEB 1 7 701fi CITY OF ORONO , ..... ~O/b J3=8fO?Eb ~~~ A '5 ~ruiJec> .a>U, Exhibit 8 -4- PR0POSCO [lEVATIONS : ~ orcnit.cl, verifJ') 1) Moin floor .[Rm 2)Goroge • (!liIJ 3) Lower i.vel •(iilm 4) Lowes t oosement • (l!ll) ~ LEGAi.. DESCRPTION C.-P'RD,15($ : !.'1:~C'dl :: ~!,;s: •~~~~:;Ot1 ~· :tl=t~ ~~~• ~:es:r;..y ~.o; ~ ~1: = :::~~~~~:~~the ,:!~~t•Nn bet"'•.,, 1oid Lot , 3 ond 4, o dl,tonce ol 1 14 .65 fe.t t:'itie O"IQle po1nt in ,oid =~ ~·ct!==t= ~~1 ~t:_! ~v~~~f ~-~~ Loh 3 ono •. o distone• of 130 fMt; thene• Cost deflecting to tt,e le.fl ot o:, ar,gi. of 90 OegrH• 14 mifl.Jl H to ths ahor• of Lake MinMtorir.a; th6nce Notth«ly dong shore of soid lm<e 160 feet mew, or le.11 to tht-diYld"'llil lifw between Lota 2 ond 3 in soid aildi¥ision,: tMIIC• Wut,rty ~ the di v~ 'ne b4tween •oid lot, 2 ~1,3~t t}:_ ~~~ ~•o:, ~ "':~~~~:_c;!= ~•~:.~ in lhereo(. soid 20 feet ~ir'9 meoN".d ot right ~• to thrt diviong line behreen soid Lot• 3 ond 4. Abo on t,nd;vtded 1/18 inte,esl in l ots 10 ond 11, "Auditor'• Suxmeion No. .349 t-let'nspin COU'lty. tr,Cirww,olo". T09tlhet° with CW'l eostmenl f Qt rood ptrpOUI ov• thot port of sold l ot 3, lying ::.•t~Z,::.)'U:, ~-:::~::~ ~ ra.o«::•ee~:t:~~-.:~:} ~~ ono convnercement of the troct of lond heuinobove dttcribed; thence SovtNost-1y :%Y the di vidi:n9 line between s oid lot■ 3 and 4. 114,85 IH I to the ~ ~in so: J~v~,:':;,.'~:; .. ~~~ ~ut=:·~r:., r_~i=: oeacro.d ond thewe lwminotWN). ot shown in deed Doe. No. 31662◄. ~:t~rt~it~:.1t.~20f~~Ofot'~ o~0 ro3. r;rtg«~,~~r~ :::h 1hat line c f the pnmlHS w~ rn t de.ctibed and ScuttMrt)' of UM inc to~3~•~ 't~~l~ff~~ ~ ~ Wlhlhcw~!=\~ ~~3 11"1 soid "AuditOf' s SUbdivition Nurnbel" 3•9. Hennep in C°'-"liy. Mirrieaoto ... sotd dHcriti.d 20 foot right of way ~ 20 feet wide cs ~•d ct a r9)t orttje t o the dividring lne btllween •oid Loll 3 end ◄. OIi shown in deed Doc. No. 31662◄. a.notes ifon marker fOl.rod (901U) : CMnOt•s H istioiq spot .ievotion. ""'°" Ma tav.i dallffl (ImJ) : ~te s proposed S90l eleva tion, tMon ■ec lev.i dotlffl --111·-•: dtnotes •lliating contour liM, m-t<ri ff(I 1e ... e1 doh"1 ~ 6-notn pr()pOSed contcu line. meat .. o lev~ datum 8it-Or"in9S shQwn ore bos.d upon on osai.med dotum. =t::v:, ;it:~ =•· t~ :=.!d~f :::..at;:,i !':t:!, ~Z,;-.y, or,d tM propo,ed location of o proposed hou"9, driveway, polio and grades Uitr•on. II do .. net Pl,#'port lo Iha• ony other imp,°ovffl'lenh Of ero-oa~h. NOl(: Acc.vocy of ho'dcover location. ond uttnt of additional hardcover Is imited by ice ond snow co~r. NOl(: (0Sement1 ahcwn ore those listed In l iOe R .. ~«s G\aO'lty Company Title Conmtrr..nt No. 1~165:) doted 2-J-15. '-'8 § ~L rn h <,,~ ~s i r., ri' 0:11:l ;!: ~~ ~ zi'.i ~ 0-'• 0:1 ~ r., ... u l!J 0 1&: 1illli 11, il3 ~-, '1 i l ~---__ ..__,_,__ ffi ~T_ELEYATI~ PRELIMINARY PLANS {f) RIGol-lT ELEYATI~ ~W"•1'4' 2010> _.,._ ,..._ L ~ . ~~"at !l ;JI L __ ~--, (f) ~-GA"-6,GE E LEYATI~ 20l&, W"'Y2.\1'4.~l '-:~.c7l.f" r.u:~U1).12 111 l I • I , ,, J I s ~ i I tf !h cl) !i t I ~f ~ f>~ ~ ~~ I-8 ~c cl) ED ~~.;!;ll!EEN ~ ELEYATI~ RECEIVED FEB 177n•: IT # 3814 CrTY OF ORON O ~------~ ~ ~-___ ..,,.. I !I ! I 11~ u rw ♦ !!.: ..• I !i ! i 11~ r Mrw 4; "I!!~ ..... ... , . gi ' 'i ·•i ~ii gi ii ~ $£'" M-1'"9'.1'9"ZJ..'9'ffl °"'""" J.NOol 9.N-<OGI Ql<IU 3::>N3Q l9~~9 C"l'J z j A-i ~ ~ < ~ ~ ~ A-i ~ '-a N I \ \ t I \ II \ \ \\ \ \ \\ \ \ \\ \ \ '~ I \ \ \ \ I \ \ r, -',,, ' L O T ' ' ' \ 'v CERTIFICATE OF S URVEY FOR PETER & MELISSA SANTRACH I N LOT 3 , AUDITOR 'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNES OTA ,- \ ',",, 162 .e2-·\''"'\~ \ ,, \ \I I \1 \ ,, ~YSYA,CNIT \ .:~, I>\ ,,, ,,, ,,, _,,t zotr LAKE MIN NETO NKA CRYSTAL BA Y Rc--..JlSL~ ~l ~ f'~ 4- PAOPOscO 0.[VAllClHS : (per o,ct,,\.c:t, "el'1ly) ,, I.Aow, t1oot -mm 2) G«oge .. (HIJ) J) Lo,.cr level • IB!Jl •) Lo-·e,t botement .. IEIIl LEGAL. DCSCRPT~ Of Pftt"IS£5 Thal port 01 Lot J, "Auditor' 1 51.t>dwls,on ,-io, JO. ~p,n C-ty, Mn'lerote~ ~•criOtO os folows:. eomm.ncirl9 <1t 11'11 Point ol inter11tc\lon of \!'It SotttM1011erty ~ of Lot 11 In 1oi6 Al.lditor' • ~vis!Ot'I Ko. ~9 o'ld the divid!'9 ine bctwee1> Lots J and 4 in aoid -.tKf.,~ troenc,e Sout~tert)I cilora9_ I~ d:v~ iN bt:h •ccn 5oid Lota 3 g,nd •. o drt1once of 1 14.&, fret to UlC' o,rqe pow1t In ,IJICI =~ ::"·o!~~~\~~1 ~':1~:~ol~tl~ : ... ~hr t!e~ .. ~::~ot; Lots J end "· o ,:t.,\s-,u ol 1JO fut; tt.i,ce: Cost ott•ctW19 to the ltU oc c:,\ 0"9f of 90 °'9'"HS 14 ~ .. t o !fie thore of Loi<.• ...___Iorio:« ~ Northetty ~ ~e.~ 1 1~~.•~6Cf~~! =f«; ~!~~~:~~ ~l!~~-;,•~o~1~ol, ~ ~/~t ~ ~~I~ ~t'C: :."~ ~-.~~:,_c';::i 'i:\:{ n t~reo!, s-olc! 20 fut t>.')9 mt:otl.l'ed ot ,iij,t or.Qilts to the diYl!ffl9 line Mtoirn so,d Lot1 J one, •· .tJto on ~ 1/18 interest 11'1 Lots 10 Dnd 11, .. l.ue.to,' • ~"i5,or, No. ~9 ~ COl.ffl7, Mirv'4s-oto· T09ett.., with or, --flt fo, ,ooc l)U'polH o.,., tho\ port of •OIO l ot J , fYi"o5l :'!.1 1~~1!:,/':1 ~cs~~=~~ 1 : f:'W:~~•..J~1 ~'f:r' ono commencemen\ of th4 troct of ~ tier,il'lobove 0.sc•ibed: thfflc• S<>lllhe01t••1 dong the dMd~ ine bll•nn eoid l oh J ~ •• 114.8 5 fHI to the orq1 :r:~ ~~~1::;..1~~.,c;~ ~=~-~ =.,~'e';;:: Mse11bed orM:I ,,..It termlnot~ ot s hown in M ad Doc. No, 316624. ~~'u:-~:.1~~~cro:-rc!o ot;oi ~G~;i:,~ru: ~h lllol "-o! the premlsH hefeiroobove fint O..uibed 0ll'O Sovthat1y cf ,,.,. h (!,,own ocron s old lol J , from lhl D"lg!e ~t il'I the div idl"'1j lif-4 be\1'ffl'I lots .3 end -4 to tlM: 0"'9' poirlt i,, the O"long h betoe~ l?lt 2 cir>d J lrl said •Autfit01', Swdiv41on ~ 349. ~ c_.1,, ~.oto·, .aid Oetetibed 20 foot r09M of woy be"9 20 fHl •ide H !Tlll!osured ot o rigM ~ to the dil•ielitlog line bel•••n ""° lots .3 ond •• os flhowr-, It, ctHd 0oc ND )16624 • : denotn Son morltt loo.nd (900.~) : derlotu u lstlrlg •Pol .i. .. atlcn. meOfl sea level 00\vrn film dellolH pr(l90Hd apot deYotior\. "'"" uo ...... oot1n1 --s ,, -.; fll\Qles •JO.ittln9 coritour W'l'9, meQ"I no le"•I dolum ~ a.N>IH pr~ cc,ntCM,11' '"'· meon ffO ..... C:"Oh,m B•oringt thown ore bot ed '4)on on onumed datum ~:v:, ;!::.:; =:..n:: ~ ... S.:'t,t!':,.":: ::-,=:.pr~~~,. and tt. propos.d locotion of o pr09oud l\oUSe. d1wt-•o,, polio ond c;r~, \Ml'iton. It does r,,ol p,.rport to t l'\Ow ony ot her impr"o~emcnt, or enc:roo~ts. HOU: •ceurocy cf hardcover locCt!(lft. O"ld t-Oe,,I of odd;tiord horOCove,r is limited by ice onci snc,,.-cov,,. NOTE: [ost-mentt lhl>•l'I O"e t.hoH h i ed Fl Title Reso,.,ces Quoronty Company T,Ue C<lmffliltntf,t No. 15-0165'5 doted 2-J-1!l.. U • z :. Exhibit A ...;~ ~ u~" oC ~ C/h " ~!i ~;i (.) ~ jl g:: ~. fil ii ~ Z M ~ o =· g::~ (.) >-u i II I [Iii! It !I 111 "I ' :II ilt\11! ' : .. ··-·-·•········-·····~········ _,.., --· ~ ,UU\&11 i'IIH/-~ tlll>CJWI• ~t.l'i == -nw~ : ........ : \,..--··••·· ·---··-··· I :'. : '--·---•·· ··········-·· ! / I ~ :' .:;: 'e', ! -~- ~ ~-------- '~'" M,4"\fJ.VU.'9'1'1'1 OYOl!il JNOr;,I $.H10lil (NU 3:>N3Cl1S:R:I H?'n:l.lN'V''il ~ ;:: ~ ~ ! ~~ ~ ~! " -0 N r • ,: ffi 60UTM.ELEYATION e::.~ f.1 ED ;:..R;;~.1:!. PORCi-1 LAKESIDE ELEVATION Coi-"i<;-" um, J..!.l )(,:i,.OI"" OIH'Go" 6-. NC,. ,oM';.u,j.T ~f, IOl"'I ut)AOli?~H) ~~~.~.,:l"fot fltv P~~"'":'t[.,,..~U~.11.[Llv. AZt<e-ll"',e,.c.'01•-8::>61"tlli!Ufv 2..0{7 m SCls!EEN PORCM ELEVAT ION) ~--, ... {.,:;, rr 1 E oMI [ASTU.U.Slltlrr "A'l'?ATA ,lofN ,,)91 """"':'5Hn.n:, f !<~·t!-2,UJ.U?:J fH § I Ji u 1u t' i .. " .;i ; h I I I l J ; ~ ~ w u ~Q Q ii: II) z ::l lit ~t ::t ,,, <i u 25 <( ~ iq~ ~- <I) 0 EXISTING HOUSE L 0 T CERTIFICATE OF SURVEY FOR PETER & MEL I SSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO. 349 HENNEPIN CO U NTY , MINNESOTA (10'.1) LAKE MINNETONKA CRYSTAL B AY PROPOSED ELEVA TIONS (per archi tect, verify) 1) Main floor -~ 2) Garage -1961.51 3) Lawer level = ~ 4) Lowest basement ~ 1949.91 LEGA L DESCRIPTION OF PREMISES : That part of Loi 3, "Auditor' s Subdivision No. 349, Hennepin County, Minnesota " described os foll ows: Commencing o l the point of int ersect ion of the Southeasterly line of Lot 11 in said Auditor ' s Subdivision No. 349 ond t he dividir"9 line between ~~~:e;n o~~id 4 L~ts 5 0 ~d a~~J~i~io~ts:~~~e 0T~t~~a5tf~1!t 0l~"~h!h~n:;id~~n1ii~ said di viding l ine, said point being the actual point of be~inning of the tract o f land to be described; thence Southerly along the divid ing line between said Lots 3 and 4, a d istance of 130 f eet ; thence East deflecting to the l eft o t an angle of 90 degrees 14 minutes to t he shore o f Lake Minnetonka; thence Northerly along shore of sai d toke 160 feet more or less to the d ividing line between lots 2 and 3 in sofd subdivision; thence Westerly along the dividing line between said L ot s 2 ond 3 to t he ongl e point in last sai d d iv id1n9 l ine: thence continuing Westerly in a straight line to the act ual point o f beginning; except the Westerly 20 feet thereof, said 20 feet being meos..-ed ot r ight angles to the dividing line betwe en said L ots 3 and 4 . Also on und i vided 1/18 interest in Lots 10 and 11, "Audi tor 's Subdi vision No. 349 Hennepin Count y, Minnesota". T ogether with on easement for rood purposes over that por t o f said Lot 3, lying Westerly of the Westerly line of the premises hereinobove first described and Northeaster ly of a line described as f O,lo ws: Beginning at initial poi nt of commencement of the troct o f land hereinobove described; thence Sout hea sterly along t he dividi"9 line between said Lots 3 and 4, 1 14.85 feet t o the angle poin t in said dividing line; thence continuing Southeosterlr on on extension of soid di viding line to t he Westerl y line of t he t r act o land hereinobove described and t her e terminating, as shown in deed Doc. No. 3 16624. Together with on easement for right of way for driveway purposes over that port of t he Westerly 20 feet of said Lot 3, lying Nor ther ly o f the South line o f the premi ses hereinobove first described and Souther ly of t he line drawn across sai d Lot J, from t he angle point in the dividing line between Lots 3 and 4 t o the angle point in the divi ding line between Lots 2 and 3 in said "Auditor's Subdivision Number J49, Hennepin County, Minnesota", said described 20 foot r ight of way being 20 feet wide os meosured ot a right ongte to the dividing line between said Lots J and 4 , as shown in deed Doc. No. 316624 . ., denotes ir on marker found (908.J): denotes existi ng spot elevation, mean seo ~vel datum !910.8 1 : denotes pr oposed spot elevation, mean sea level datum --917•--: denotes existing contour line, mean sea level datum ~: denot es pr oposed cont our line, mean sea le\/el datum Bearings sho wn ore based upon on assumed dat um. Th is jUrvey int end s to show the boundaries of the above described property, t he location of an existing house, to be r emoved, t r ee s, spot elevations, and topography, and the pr oposed k>cotion of o proposed house, driveway. polio and grades thereon. It do es not p urport to show any other improvements or encroachment s. NOTE: Accuracy of hardcover locat i on, and e>e:tent of additional hardcover is limited by ice and snow c over. NOTE: Easements sho wn ore t hose listed in Title Resour ces Guc:.-onty Company Title Commi tment No. 15 -0 1655 doted 2-3 -15. 1- (.) w --, 0 a:: CL \ \ \ \ \ \\ \ I I\ \ I \ I\ \ I '\ \\ I I I\ I I \ 11 I I ' II I I \ II I I \ II I I ~ I I \ I I I . l I I \ ii I I I I I I 10' SEWER .. .....,.,. \._ ' i \ I PO< DOC NO. 002110 -\ •. J .... f \ I I '\'f'>.\ I 1.f \ I I I LO T 1 0..,, ·1 \ 1 EASC-T FOR GAS ..,.. (Ml< -A \. / ......... -.. Lor 11 PER ooc. NO. toOIOS ----Ii ··••c·ci ----------------; . ~ ~--,, \ . _ .. ,...., .. ...-1---' ----I ', --/ i "\ / ............ ---,/ 1" 1/ ........... --,/\.0' (... ', / / ........... ...... // / ...... ....... ..... EXISTNG HOUSE / / ............ ...... ,,,,,, // ',, ',, / / ........... ...... ........... ,,-,<,,,,____ "-..._ I "- // '···• .. SOUTf£ASTERt. Y LNE OF '-..(,$ t, / LOT 11 , At..O. SLe. NO. J•g ........ \ ', / ' \ ,, ,_., [_ 0 ...... ~·I.. ,, '~;-~,--"\:~----~-;;-~o.~_t_,.7':.,:il..:i;.--.~~r,, (M41) '1 ................. !\ ' \ ' ' ' ' ' \ ', °" T \~ w\ \ a fl , \ o I ', \o I ' I I \ 31 I \ \ I \ (9'Ui I \41 I g l' \ c:il \ ':?t I I f I I I / I ,, / :1 1 1; I i 1~=;--,..-1- I o \. / 11 \ . 9' t , ··-J \ 1< 1/ 1-· •. I I . ! t· ··t··r I I / • .:f li<f> J /,..--------- ....., I I / CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNESOTA (ffl.1) LAKE MINNETONKA CRYSTAL BAY PROPOSED ELEV A TIONS (per arch itect, ver ify) 1) Main floor -~ 2) Garage • !961.51 3) Lower level = ~ 4) Low est bosement = 1949.9 1 LE GAL DESCRIPTION OF PREMISES : That port o f Lot 3, "Auditor' s Subdivision No. 349, Henn epin County, Minnesota" described as foijows: Commencing at t he point of intersection of the Southeasterly line of Lot 11 in said Audi tor' s Subdivision No. 3-49 ond t he d iv idin9 r.ne between Lots 3 and 4 in said subdivision; thence Sout heosterly olong the di v1din9 line between said Lots 3 and 4, a distance o f 114.85 feet lo the angle point in said dividing line, said point being \he octuol point of be~i nning of the t r oct of land to be described; thence Southerl y along \he dividing line between said Lots 3 and 4, a distance of 130 feet: thence Eost deflecting to the lef t at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka: t henc e Northerly along shore of said lake 160 feet more or less t o t he d iv iding line between Lots 2 and 3 in said subdivision; thence Wes terly 010!'9 the dividing line between soid Lots 2 ond 3 to the angle point in lost soid dividing line; thence continui ng Westerly in a straight line to t he actual point of beginning; excep t the Westerly 20 feet \hereof, said 20 feel being measured ot r ight angles to the dividing line between sai d Lots 3 ond 4. Also an undiv ided 1/18 interest in Lots 10 and 11. "Auditor's Subdi vision No. 349 Hennepin County, Minnesota". Together with on easement for r ood purposes over that part o f said Lot 3 , lying Wester ly o f the Westerly line of the premises hereinabove firs t described and Northeaster ly of o line desc r ibed as f ollows: Beginni ng at initial point of commencement of the tract of Jond hereinobove descr ibed; thence South easter ly along t he dividin<;l line between said Lots 3 and 4 , 114.85 feet t o the angle point in said d ividing line; thence continuing Southeasterly on on extension of soid dividing line to the Westerl y IH"le of the t r act of land her einobove described and t here terminating, os shown in deed Doc. No. 316624. Together with on easement for r ight of way f or driveway purposes over that port of t he We sterly 20 feet of said Lot 3 , lyi ng Northerly of the South line of the premi ses hereinabove first described ond Southerly of the li ne dr own across soi d Lot 3. from t he angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 ond 3 in said "Audi tor's Subd i vision Number .349, Hennepin Coun t y, Minnesota", sa id described 20 foot r ight of way being 20 feet wide as meosU<ed at a right angle to lhe dividing line between soid Lots 3 and 4, os shown in deed Doc. No. 3 16624. • : denotes iron marker found (908.J) : denotes existing spot elevation , mean sea Sevel datum 19 10.81 ; denotes proposed spot elevation. meon seo level dotum --917---: denotes existing contour line. mean sea level dat um ~: denotes proposed contour line, meon sea level dotum Bearings sho wn ore based upon on assumed datum. This .JUrvey intends to show the boundari es of t he above described property, t he location of on e xist i ng house, to be removed, t rees, spot elevations, and topo1raphy, a nd the proposed location of o proposed house, driveway, pat io and grades thereon. It does not purport to show any other improv ements or encroachments. NOTE: Accuracy of hardcover locat i on, and ext ent of addi t ional hardcover is limited by i ce and snow cover. NOTE: Easements shown ore t hose listed in Ti tle Resources Guarant y Company Title Commi tment No. 15-01655 doted 2 -3 -15. 1-u w -, 0 ~ Cl. \ \ \ \ \\ \ \ \\ \ CERTIFICATE OF SURVEY FOR \ \ \\ \ \ '\ \ \ \ I I\ \ PETER & MELISSA SANTRACH \ \ 11 I \ ' I I I I \ II I \ \ 11 I IN LOT 3, AUDITOR'S SUBDIVISION NO . 349 HENNEPIN COUNTY, MINNESOTA \ ~ I I \ I I I '\ l I I 11 I \ \ I \ I IO'SCWOt£ASM><T\ ',, I ""' ooc. NO. ,.,,,.-·----,).___ L I I I / \ -f-"-1 I l_j \ / I / LOT 1QJ ,/ \ / EAS01J1Tr0Ro,,nwu,0t __ A J,..-l----1.01 ,, ..,. ooc. ..,_ ...,... --------------/l---\~ l EXISTNG HOUSE .. ..-.. ..-I ---,1 \ --✓-'' _., .. ..--I ..., .. ---/ "" ... I ',, --/ "T i \/ ............ ---/\..0, '--' // // ................. ...... ............ / / ...... ...... ...... ,/' // ',, ', / ' ' / / ...... ..... ..... -<,,,,_ ', ' / .. ...... , ..... // '··,·,SOUTl£ASTERI. Y UE OF --~~ 'f;, / LOT 11, AW. SUB. NO. 349 ' \ ', f1840 ,..., ,/ ............ \ ',~ ----~---·'-. . ....._ ', ..... -..:·-. ,..~"<( ~--'r·------ L 0 , ', " (NU) \ .......... ~ ........ . \ \ \ \ '-, \ '-\, I . 20.ot-- T ',"-\ \ \! '~ w l ' \ ,, ' \ o, \ \ 0 ' \o I ' I I \ 111 \ \ I \4 ) \ a\\ \ ~, \ I I I , I I I / I , , ..... I 0 \ii / :{1'1-->4-l.~-- / t · \ I oil \ ..,_,, ! ;, ti;. If I ~ ~ (M) I \ \ .. PROPOSED \ I \ HO USE \,,~ \/ i '(A) I 'J----+--,·: ,..__ / I / , ··----------S &-7°24' 42 \W _),-A'.\ 162.82------··--···· • ~ ~ / ' \ \ \\ I \ \ 1 I \ \ I \ I ,_ I .~ I / L,.;'4' / ,"( \ ', I f7 ./ \ ) \ , ) /------------6 ___,..---PR-:-ERTY IS VACNH\'-, ~, I I / '"°''> , (-.1)\ \_,,, (IS1.1) \ \ \ I \ \ I \ \ \ I I \ II _., ' # 3814 LAKE MINNETONKA CRYSTAL BAY RECEIVED FEB 1 7 201fi CITY OF ORONO PROPOSED ELEVATIONS (per OTchitect, verify) 1) Main floor -~ 2) Garage = !961.51 3) Lower level = 1951.0I 4) Lowest basement = 1949.91 LEGAL DESCRIPTION Of PREMISES : That port of Lot 3, "Auditor' s Subdivision No. 349, Hennepin County, t.4innesoto" described as folows: Commencing at t he point of intersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivi sion No. 349 ond t he dividi"9 line between Lots 3 and 4 in said subdivision; thence Southeosterly along t he div1din9 line between said Lots 3 ond 4 , o distance of 1 14.85 feet to the angle point in said dividing line, said point being the actual point of be~inning of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence Eost deflecting to the left at on angle of 90 de<Tees 14 minutes to t he shore of Loke t.4innetonko; thence Northerly along shore of said lake 160 feet more or less to the dividing li ne between Lots 2 and 3 in said subdivision; thence We sterly ~ the dividing line between said Lots 2 ond 3 to the angle point in lost sai d divid1"9 line; thence continuing Westerly in o straight line to the actual point of begim,ng; except the Wes terly 20 f eet thereof, soid 20 feet being measured at r ight angles to the dividing line between said Lots 3 and 4. Also on undivi ded 1/18 interest in Lots 10 and 11 , "Auditor's Subdiv i sion No . 349 Hennepin County. Mimesoto". Together with on easement for rood purposes over that port of said Lot 3, lying Westerly of the Westerly line of the premises hereinobove first described and Northeosterty of a line described as foftows: Beginning at initial point of commencement of the tract of land hereinobove described; thence Southeasterly along the dividi"9 li ne between said Lots 3 and 4, t 14.85 feet to the ongle point in said dividing line; thence c ontinuing Southeasterly on on extef!sion of said dividing fine to the Westerly line of the tract of lond hereinobove described ond there terminoting. as shown in deed Doc. No. 316624. Together with on easement for right of way for ddvewoy purposes over that port of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinobove first described and Southerly of the line drown across sold Lot 3, from t he ongle point in the dividi ng line bet ween Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor's Subdivision Number 349, Hennepin County, t.4 innesoto", said described 20 foot right of way being 20 feet wide as measured at o right angle to the dividing fine between said Lots 3 and 4, as shown in deed Doc. No. 316624. • : denotes iron mcrker found (908.J) : denotes existing spot elevation, mean sea level datum [[j]]] : denotes proposed spot elevation, m ean sea level dot um --917---: denotes existing contour fine. meon seo tevel datum ~: denotes proposed contour fine, mean seo level datum Bearings shown ore bosed upon on assumed datum. This ,urvey intends to show the bO<Jndori es of the above described property, t he location of on e•isting house, to be removed, trees, spot elevations, ond topography, and the proposed location of o pr oposed house, dri veway, patio and grades thereon. It does not purport to show any other improvements_ or encroachments. NOTE: Accurocy of hcrdcover location, and extent o f additional hordcover is limited by ice ond snow cover. NOTE: Easements sho wn ore those listed in Title Resources Guaranty Company Title Commitment No. 15 -01655 doted 2-3-15. 1-- () w ~ 0 a:: a. \ I \\ I '1 \\ \ \\ \ \ \ I \ '1 \ I \ \\ \ '1 \ I \ \\ \ \ II \ ·, \\ \ I \ \ ti I I I I 20' ''"'ER """"""---.\ ·, f \ P£R DOC. NO. ll62120 f'·•·······,-. .... 1 \ \ / \ --~ './ \ LC)T 1(),J -------- ------------- ------------- 17-059 .SOUTHEASTERLY LINE Of LOT 11, AUO. Sl.13. NO. 349 {N,),.t) ' ' ' ' ' ' "" \ ~4} \ ,.,..~ .. I , ' ., , .... , \ \ .,,., I i L. \_,..- CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO. 349 HENNEPIN COUNTY, MINNESOTA (t$U) -----\'~; ... - \ \ \ \ -•·"\' ~!-~"l .. -r,·····,.•···· \ I \ I \ \ I \ \ \ {UU'] \ \ \ \ I I \ \ \ ' ' 162.82· ' ' \ ' ' PROPERTY IS VACANT ', '-(Hl.1)\ (961,1) LAKE MINNETONKA CRYSTAL BAY PROPOSED ELEVATIONS (pe r orchitect, ve rify) 1) Mo in floor = 1962 .0 l 2) Geroge = 1961 .5 ! 3) Lower level = @hlJ>] 4) lowest basement = !949.9! LEGAL DE SCRIPTION OF PREMISES : That port of Lot J, "Auditor' s Subdivision No. 349, Hennepin County, Minnesota" described as fellows: Commencing al the point of intersection of the Southeasterly line of Lot 11 in said Audi tor' s Subdi vision No. 349 and the dii.,idin9 line between Lot s 3 and 4 in sa id subdivisi on; thence Southeasterly olong the div1din9 line between said Lots .3 ond 4. a distance of 114.85 feet to the angle poin t in said div iding line, said point being the actual poi nt of beQinning of the tract of land to be described; thence Southerly a long the di v id ing line between sai d Lots .3 and 4, o distance of 130 feet; thence East deflecting to the left at on angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; t hence Northerly along shor e of said l ake 160 fee t more or less to the dividing line between Lots 2 and 3 in said subdi vision; thence Westerly alon9 the di v iding line between said Lots 2 and .3 to the angle point in lost said di v iding line; the nce continuing Westerly in a straight line to t he actual p oint of beginning; e)(ce pt the Westerly 20 feet thereof. said 20 f eet being measured at r ight angles to the dividing line between said Lots 3 and 4. Also on undivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision No. 349 He nnepin County, Minnesota". Together wit h on easement for rood purposes O\ler t hat port of said Lat 3, lying Westerly of t he Westerl y line of the premises hereinobo"e f ir st descr ibed and Northeasterly of a line described as fo~ows: Beginning at initial point of commencement of t he t r act of l and hereinobove describe d; thence Southeasterly along the dividin9 line between sai d Lots 3 and 4 , 1 14.85 feet \o the angle point in said d ivid ing line; thence continuing Southeasterly on an e)(tension of said dividi ng line to the Wester ly tine o f the t r act of land hereinabove described and there terminating, as shown in deed Doc. No. 3 16624. Together wit h on easement for r ight of woy for driveway purposes o ve r that p ort of the Westerly 20 feet of soid Loi 3, ly ing Norther ly of the South line of the premises hereinobove first described and Sout herly of the line drown across said Lot 3, from the angle point in the divi ding line between Lots 3 and 4 to the angle point in t he dividing line between Lots 2 and 3 in said "Auditor's Subdivision Number 349, Hennepin County, Minnesota", said describ ed 20 foot r ight of way being 20 f eet wide cs measured at a right angle t o the dividing line between said Lots 3 and 4. as shown in deed Doc. No. 316624. • : denotes iron m arker found (908.3) : denotes e xi st ing spot elevation, mean seo level dat um 1910.S f : denotes proposed spot elevation, mean sea level datum --·917· --: denotes exi sting contour line, mean seo level datum ~: denotes proposed contour line, mean sea level datum Bearings shown or e based upon on assumed datum. This sur .... ey intends t o show the boundar ies o f the above described property, the location of on existing house, to be r emoved, t rees, spot elevations, and topography, and the proposed location of a p roposed house, dr iveway, patio and grades thereon. It does not pur port to show ony o t her impr ovements or encroachments. NOTE : Accuracy of hardcover locati on, and extent of additional hardcover is limited by ice and snow cover . NOTE : Easements shown ore those listed in Title Resour ces Guaranty Compa ny Ti tle Comm itment No. 15-0 1655 doted 2-3-15. Exhibit A l-o w -, 0 a:: a.. (D ~ .. ~-!~E ELEVATION COPYR lul-lT 1017 , A LEXAl'-OER oee:.1G,N G,RO\JP, lNC. ASPHA.Ll ~LE& ,OPl. CEDAR ~LE5> 1-!ARDl•SMA'<:!:: &1DIN6 F=R £LEI/. l OPl CEDAR 51DINCsJ E,' AZEK Cl' 6tM. Wi"-'DO'J.I ~IM 80.ll.RDS 42:EK c;ir 5 111. BAND& f lRIM 5!>5 PER ELEV AZE< or 5fM. PANELS PER PL.AN z· 11-iJN -arr STONE ED FRONT GARA<:= ELEVATION I-..,,...,,_ ------------------------- ;~1------1 ( r - , I ' ' ' ' l l i : ' ' ' ' : ! ' ' ' ' : : 4f'1 EAST LAKE STREJIT WAY2ATA, MN .55.l91 Phooc: 951.,n.1,m FA X : 9Y?.47'\,J1 2:?:! .... ill "' 3 ill 5 ll! Z.rp <F12 """" ED =-~~~.FORQ-1 LAKESIDE ELEVATION COPYRIGUT um, ALEXA"OER DES ICsN CJROUF. NC. r ' ' A&P~AL l 61-llNC.LES <OPT. CEOA~ &I-IINCJ!.ESJ 1-tAJIDl.':ll-t.G,Kf &!DINCJ PE" ELEV. <OPT. CEDAR &IDINC.) O IA""ICND PATTEJ.:N SHL~LES PER El..EY. t,• AZEK or SM . WINDO.U TFc:!M BOARDS AZEK or 5 "1. 6ANtl5 4 T~lM 6 D5 PER ELEY. A.ZEK o r SrM. PANELS PER PlAI-/ 5RACKfT5 PER EJ.l!v """"' lii'i :-r ~ ~rt . 'i !1 ie ~~ s : s ~ 40\ EASTLAKE STREET WAY2ATA.MN 55391 Phtloc: 952.473.~r,; F AX : ~1.47:\.112'!2 w u ,- w "' 3 w > II! Zo w <{ 0 ~;; -t<\ d) ... II\ z II\ ~ ~f ::t !I>~ u ~5 ~ >-~ ~ ~ t-r-z- ~ d) 8 \ \ \ I \\ \ \\ \ \ '1 \\ \ \ ' \\ \ 1 I 1 \ I \ \ \ I I \ \ I I \ \ \\ I \ \ \\ I \ ' \I '1 I I ' I , ~ I \ \ II 1 I I I I 1 20' S(W[R EASEMENT \ '1 I \ I PER DOC NO 862 120· . (--· •••• ,, ___ I \ I \ i \ l ~ I I . . ' / I I i O· ·r· 1 n ,f \, I / ._ : ~.,J A \ ,... . ·{S~~~~NO~~~ --~--···:, --I ' \.. ... z --#..--~ -.,.,..-.,.,.. I ---~/ \ EXISTING HOUSE __ ... ..-.. ..-I _,. l ' ..,... .-/--I ..... , .. ..-,--/ 4 ~ / ............. _...,...-( r·-;\ \ 'I ',, -/, ,., ' {... ' ,,,... / \.. /'-...... / / ', ' / / ' ', / / ............ ....... ...... // / ', ', / / ', ' ~ ' ' / ~--. ',l, ''t-.. ( •> // ··-.•..... souTt-£ASTERL y UNE OF ---~~s Ii', / LOT 11, ALO. SUB. NO. 34 9 ""-\ .__ ,/ ', \ ',~ (toU) r-. t ' ;___; ',+' __ ... •·····'··,."' '-- ...... ·-~---. ·•-~4,-~~, ', ,>········ \, ' \ (""') '1 ',> -~---··:.-·. '' \' 'I " c ;- ',, '\ I \.:~J .. \ r. \ \ \; \'-w l \ J-i ,;- \ ' 11 ' t"l i \ o I ri\ \, \0 1 I")\ ' \o 1 ', \ I \ ~ I \ \ I \41 \ o l\ \ ~, ~ \ "'I I~ I I f I / I / I ' \ \ \ I \ L_ I 0 \ti / w {: \LQ.-U-~--q-- 1 o! \ I o1I \ ,, . I 'i' I ; ,i. \l / 't··/J I I / ~ I I r!,' I r,,' OJ ~. ··········-····-······ CERTIFICATE OF SURVEY FOR PETER & MELIS SA S ANTRACH IN LOT 3, AUDITOR'S S UBDIVISION NO. 349 HENNEPIN COU NTY, MINNESOTA (lle7.7) I ~ I ~ \ ... PR OPOSED I I \ ~OUSE f 1700 I/ . J· (A) \, ' ' , .. / u 162.8 2-···-·················· ~ ~ i \ / ' \, LAKE MINNETONKA CRYSTAL BA Y I I t ,,,---------.,,,------"""' /, / c-,,K PROPERTY IS \, ' VACANT '-, ("7.1) I I \ 11I \ I I ~ \ I I \ I I \ ' \ \ I I \ 'V 16-048 .... ,., ' (tee.I)\ \ I \ I\ I 1 I I (tel.4) ' # 3814 RECEIVED FEB 1 7 ?.nm CITY O F ORONO :f1?of;~Eb ~ A 5 .~\/~ Ex hi bit 8 PROPOSED ELEVATIONS (per architect, ver ify) 1) Main f loor = !962.0I 2) Garage = l961.5l 3) Lower level = 1951.01 4) Lowest basement = 1949.9I LEGAL DESCRIPTION OF PREMISES : Thal port of Lot 3, "Auditor' s Subdiv ision No. 349, He nnepin County, Minnesota" described as follows: Commencing at the point of intersection o f the Sout heasterly line of Lot 11 in said Auditor' s Subdi vision No. 3 4 9 and the dividin9 line between Lots 3 and 4 in said s ubdivi sion; t hence Southeasterly along the d iv1din9 line between said Lots 3 and 4, a distance o f 114.85 feet to t h e a ngle poin t in said d ividi ng line. said point being t he actual point of beginning of the tract o f land to be described; t hence Southerly along the dividin g line between said Lots 3 and 4 , a dist ance o f 130 fee t; t hence East deflecting to the left at on angle of 90 degrees 14 m inutes to the shore of Lake Minnetonka; thence Nort herly along shore of said lake 160 feet more or less to the dividing line between Lo ts 2 and 3 in said subd ivision; thence We s terly olon9 the dividing line between said Lots 2 and 3 to t he angle p oi nt in lost said di viding line; t hence continuing Westerly in a str aight line to the actual point of beginning; excep t t he Westerly 20 feet thereof, said 20 feet being measured at r i ght angles to t he dividing line between soid Lots 3 and 4. Also on undi vided 1/18 in t erest in Lots 10 and 1 1, "Auditor's Subdivision No. 349 Hennepin County, Minnesota". Together wi th on easement for rood purposes over t hat port of said Lot 3 , ly ing Westerly of the Wester ly line of the p remises hereinobove first described and Northeast erly of a line described as follows: Beginning at ini t ial point of commencement of the tract of land her einobove described; thence Southeaster ly along t he dividin9 line between said Lots 3 and 4 , 114.85 feet to the angle point in said d ividing line; thence cont inuing Southeasterly on on extension of said divid ing line to the Westerly line of the tract of land her einobove described an d there termina ting, as shown in deed Doc. No. 316624. Together with on easement for right of way for dr iveway purposes over that port of the Westerly 20 feet of said Lo t 3, lying Northerly of the South line of the premises herei nobove first described and Southerly of the line drown acr oss sai d Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor's Subdiv ision Number 349, Hennepin County. Minnesota", said described 20 foot right of way being 20 feet wide as measur ed at o right angle to the dividing line b etwee n said Lots 3 and 4 , as shown in deed Doc. No. 316624 . • denotes iron marker found (908.3) : denot es ex isting spot elevation, mean sea level datum 1910.Bl : denotes proposed spot elevation, mean s ea level d atum --917---: denotes existing contour line, mean seo level datum ~: denotes proposed contour line. mean seo level datum Bearings shown ore based upon on assumed dat um. This survey intends to show the boundar ies of the above descr ibed pr operty, the location of o n existing house, t o be removed, trees, spot elevat ions, a nd topography, ond t he proposed location of a proposed house, dri veway, patio and gr ades t hereon. It does no t pur port t o show any other improvements or encroachments. NO TE: Accuracy of hardcover locat ion, and e xtent o f additional hardcover is limited by ice and snow cove r. NOTE: Eosements sh o wn or e those listed in Title Resources Gu ar anty Company T it le Commitment No. 15-01655 doted 2-3-15. 1-u w J 0 a::: a.. ' ' \-, ~1 ' ' ' ' ' ' ' I ) ,/ T , ' ' t--:.--i ---L---'-----'---~--;;,-~ .,. .. .,~ IT 1111 111 1 II II II 111111 1r II " ' ~~ ' II TT " II II "'. "' - □ □ ·=-. --. -•' -~-.---· .·-•. i-: __ -. Vlf .d ----"1--=I" ---------------...-. ----'""' 1111 111 1 1111 II 1111 11 II I I II II II II T(11 I I I I I I I I 1111 111111 IT II Ill II II = -= OJ] ' i 00 I [ill [ill [I]l I I= = ~~ JZJ E _ ; •' _ . ..,_. _____ . .. --. - PRELIMINARY PLANS [D □ ED ~~~-1:;~EN ~1-1 ELEVATION # 3814 RECEIVED FEB 1 7 ?f1' ·. CITY OF ORONO l ' PC ExhibitD 401 EAST LAKE ST WAYZATA. MS j Pho8e: 9j2.♦73.8', FAX: 9~2.473.82 { ------ EHEEHE IHI· .. \-~ -~ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' , PRELIMINARY PLANS #3814 ' ' r-> fJ ' ' ' ' ' ' ' ' ' ' ' ' ' RECEIVED FEB 1 7 ?nr::; CITY OF ORONO 401 EAST LAKE S1 WAY'ZATA. MN ! f'bone: 9s2.413_g· FAX: 952.473.82 < ~ ..J) z -0 0 >,.. E-t < "' ~ CQ z ...:f L\ z < ~ ...... E-4 ::g {'/) I ~ >,.. ~ 0:: < C..) ~ <t:" I- C) _J Exhibit C -=-~-=--=--=--... ----1 ♦I .... ----------- -----::::::::::==:~ ' -------i \Mr----- \ ! N ~ U) / / I ~ / l / i / 0 // ~ / !I.! fi ·,. ___ SOUTHEASTERLY LINE OF LOT 11, AUD. SUB. NO. 3-49 c-., '\ t_ () l '\ '\ '\ '\ '\ '\ '\ \ \r1,, \ ~~ \ \ \ ,m.al I I I I I (~ .. , (137,7) ··,. ,.,.. ., ~OUSE 1700 (A) '\ '\ \ '\ \ '\ '\ PROPERTY IS VACANT '\, ' (ell.I)) (~7.1) f<EVl5~ 2.0t7 LAKE ' ~ ' I I I I ' \' I !,,.., l MINNETONKA CRYSTAL BAY , .. ::,-:- ( NOTICE OF CITY COUNCIL ACTI ON CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Kathryn Alexander Alexander Design Group 401 E. Lake Street Wayzata , MN 55391 Kathryn@alexanderdesigngroup .com Kristy@alexanderdesigngroup .com TYPE OF REQUEST : Variances DATE OF MEETI NG: April 25, 2016 ZONING FILE : 16-3814 DATE OF NOTICE: April 27 , 2016 COPIES: Peter & Melissa Santrach 222 Hennepin Ave. S. Apt. 407 Minneapolis, MN 55401 psantrach@yadasystems .com The City Council voted on a motion to adopt the Resolution (copy previously mailed to y ou) approving the average lakeshore setback and hardcover variances as requested. VOTE: 5 FOR 0 AGAINST Please arrange to sign the original reso lution at t he City Offi ces. All persons with an interest i n the property must sign the resolution. City Office hours are 8:00-4:30 M-F. Variance approval is limited to the extent shown on approved plans and as noted in the approval resolution . Changes in approved plans are subje ct to further revi ew by the City. Variance approval expires one year after date of approval. A building permit must be obtained no lat er than April 25, 2017 . If you desire certified copies of the official City Council minutes, they are avail abl e from the City Clerk after review and approval by the Council. If you have questions, please contact M ike Gaffron at mgaffron@ci.orono.mn.us or 952.249.4622 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 25, 2016 7:00 o'clock p.m. *10. PART-TIME POLICE OFFICERS Walsh moved, Printup seconded, to approve the hiring of William Carstens, Resolution 6611, and Brian Beniek, Resolution 6612, as part-time police officers at a pay rate of $25.35 (start) per hour for William Carstens, $27.04 (after six months rate due to his experience), for Brian Beniek with a start date of April 25, 2015. (For union purposes, William Carstens will have seniority over Brian Beniek. VOTE: Ayes 5, Nays 0. *11. LIQUIDATION OF FORFEITED VEHICLE Walsh moved, Printup seconded, to authorize the liquidation of a 2006 Chevrolet Monte Carl, VIN# 2G1WK151369267037 through the Minneapolis Auto Auction or similar business. VOTE: Ayes 5, Nays 0. *12. LOGIS RECORDS MANAGEMENT SYSTEM Walsh moved, Printup seconded, to approve the Letter of Commitment to join LOGIS for the new TriTech RMS application and related interfaces. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT-Bruce Lemke , Representative *13. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD, VARIANCES -RESOLUTION NO. 6613 Walsh moved, Printup seconded, to adopt RESOLUTION NO. 6613, a Resolution Granting Variances to Orono Municipal Zoning Code Sections 78-330, 78-1279(6), and 78-1700 for Property Located at 1700 Bohn's Point Road. VOTE: Ayes 5, Nays 0. *14. 2016 JOINT USE DOCK LICENSE RENEWALS Walsh moved, Printup seconded, to adopt RESOLUTION NOS. 6614 thru 6623 to direct Staff to issue a Joint Use Dock License to Bohns Point Lane Homeowners, Forest Arms Country Club Addition Homeowners Association, Inc., Foxhill Homeowners Association, Kelly Cove Homeowners Association of Orono, Minnetonka Power Squadron, Pheasant Lawn Homeowners Association, Pirates Cove Homeowners Association, Tonkawa, Inc. (property owners at 460,500,550 Tonkawa Road), Victoria Estates Homeowners Association, and Walter's Port Maintenance and Improvement Association, for the period from January 1, 2016, to December 31, 2016. VOTE: Ayes 5, Nays 0. 15. BIRCHES MN SPRING RIDE EVENT -HENNEPIN COUNTY WATER PATROL Senior Planner Gaffron stated the MN Spring Ride group is seeking approval from the City of Orono for their special event lake usage permit on June 24-24 2016, with an alternate date of July 7-8, 2016. The event is a wake board competition and a fundrai ser for Brains Together for a Cure. The event will be based out of Birch's On the Lake Re staurant with wakeboard activities on the lake side of the ve nue. Page 10 of 22 Date Application Received: 2/17/16 Date Application Considered as Complete: 2/17/16 60-Day Review Period Expires: 4/17/16 REQUEST FOR COUNCIL ACTION Department Approval~. Administrator Approval: Name: Michael P. Gaffron Title: Senior Planner Date: April 20, 2016 Item No.: Agenda Section: Planning Dept. Item Description: # 16-3 814, Alexander Design Group o/b/ o Peter & Melissa Santrach, 1700 Bohn's Point Road -Variances -Resolution Zoning District: Lot Area/ Width: List of Exhibits LR-1B, One Family Lakeshore Residential, 1.0 acre/140' min. width 27,210 s.f. (0.62 acre), 165' wide at OHW, 152' at 75' lake setback line A -Resolution B -Draft Council Minutes of 3/21/16 At the April 11 meeting the City Council voted 5-0 to approve the lot area, hardcover and average setback variances as requested, and directed staff to draft a resolution for approval. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution entitled A Resolution Granting Variances to Orono Municipal Zoning Code Sections 78-330, 78-1279(6) and 78-1700 for Property Located at 1700 Bohn's Point Road-File No. 16-3814. Date Application Received: 2/17/16 Date Application Considered as Complete: 2/17 /l 6 60-Day Review Period Expires: 4/17/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: ?~:J.. Date: April 20, 2016 Item No.: 13 Agenda Section: Planning Dept. Item Description: #16-3814, Alexander Design Group o/b/o Peter & Melissa Santrach, 1700 Bohn's Point Road -Variances -Resolution Zoning District: Lot Area/ Width: List of Exhibits LR-1B, One Family Lakeshore Residential , 1.0 acre/140' min. width 27 ,2 10 s.f. (0.62 acre), 165 ' wide at OHW, 152' at 75 ' lake setback line A -Resolution B -Draft Council Minutes of 3/21/16 At the April 11 meeting the City Council voted 5-0 to approve the lot area, hardcover and average setback variances as requested, and directed staff to draft a resolution for approval. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution entitled A Resolution Granting Variances to Orono Municipal Zoning Code Sections 78-330, 78 -1279(6) and 78-1 700 for Property Located at 1700 Bohn 's Point Road -File No. 16-3814. A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONI NG CODE SECTIONS 78-330, 78-1279(6) AND 78-1700 FOR PROPERTY LOCATED AT 1700 BOHN'S POINT ROAD -FILE NO. 16-3814. Council Exhibit A WHEREAS, Peter A. Santrach and Melissa A. Kreimer Santrach, husband and wife (hereinafter the "Applicants") are Owners of the property located at 1700 Bohn's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, on February 17, 2016 the Applicants made a complete application to the City for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27 .2% where only 25% would normally be allowed; and WHEREAS, on March 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 21, 2016, the Planning Commission on a vote of 3-2 recommended approval of the variances as requested; and WHEREAS, on April 11, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning this property: FINDINGS OF FACT : Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings , and any and all other materials distributed at these meetings are hereby incorporated by reference. Page 1 of7 A2. The Property is located within the LR-1B Single Family Lakeshore Residential District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 ' for construction of a single family residence. A3. The Property is 0.62 acres in area, being approximately 165 feet in defined width at the OHWL of Lake Minnetonka and approximately 150 feet in width at the 75' lakeshore setback line, and contains an existing single family residence. The property is considered as legally nonconforming with regard to lot area. The property while being smaller than most other lots in the Bohn's Point neighborhood, is sufficiently sized to allow construction of a single family home meeting all required lot line setbacks and structural coverage requirements. A4. The property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed construction to replace the existing home will decrease the level of hardcover on the property from 29.0 % to 27.2%, still above the allowed percentage of 25%. AS. The proposed construction will result in a conforming level of lot coverage by structures of 14.99% where 15% is allowed . A6. The applicants have owned the property for approximately one year and propose to remove the existing residence and construct a new home on the site. A small portion of the existing house is located 65' from the lake, while the entire new house is proposed to meet the required 75 ' lake setback. However, because the adjacent property to the south is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent house to the north, which is 115' from the lake, hence a variance is requested. A majority of the existing residence encroaches past the defined average lakeshore setback line. A 7. The neighboring property to the immediate north which defines the average setback line as well as most of the properties along the east side of Bohn 's Point are much deeper than the Applicants ' property, and as a result the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115 ' setback, the applicant's property would have a buildable envelope of 2 5 '-40' in depth and 120 ' in width, potentially resulting in a long narrow home stretching from side lot line to side lot line , likely not in character with the neighborhood. A8. A critical factor in whether an average setback variance is appropriate is whether granting the variance will negatively impact existing views of the lake enjoyed by neighboring property owners. A majority of lake views for the adjoining home are directly toward the lake, not across applicants' property, and existing evergreen screening between the two homes provides a visual barrier. Further, the northerly portion of the new proposed Page 2 of7 residence will be set back from the lake approximately 10 feet further than the existing house, so that any neighbor views that do exist will be opened up further. A9. Proposed hardcover on the property consists primarily of the house and driveway, with sidewalks, steps and patios accounting for the remainder. This is one of the smallest lots on Bohn's Point. The proposed house footprint is within the 15% structural coverage limit. Proposed hardcover at 27.2% is approximately 600 square feet over the 25% limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. The proposed hardcover decrease is accounted for in ancillary hardcover such as decks, sidewalks and stairways. Al0. Applicants are proposing a reduction from the existing 29.0% to 27.2% hardcover, which is a positive improvement. Additionally, the lack of nearby on-street parking and the relatively small ( compared to the neighborhood) lot size are practical difficulties justifying the hardcover variance. The property is served by a long, narrow shared driveway that is not wide enough to allow for parking, forcing on-street parking to be 200 feet or more from the proposed residence in the southern loop area of Bohn' s Point Road. This factor supports the need for additional driveway hardcover within the property. A 11 . In considering this application for variances, the Council has considered the ad vice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire , risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS : B 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " . Single family homes and the associated amenities are permitted uses in the LR-JB district. The average setback variance will preserve lake views enjoyed by adjacent homeowners. Hardcover will be reduced from its existing level B2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties fo r residential use. B3 . "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance . 'Practical difficulties ,' as used in connection with the granting of a variance, means that: 1. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls." P age 3 of7 n. The plight of the landowner is due to circumstances unique to his property not created by the landowner." 111 . The variance , if granted , will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. The plight of the property owner with respect to the average setback variance is due to the existing location of the adjacent principal structure on the lot to the immediate north, which is located further from the lake than the minimum 75 foot setback; applicants' property does not extend landward far enough to meet the average setback. This circumstance is inherent to the lot and was not created by the landowner. The hardcover variance request is a function of the substandard lot size and the applicants' desired house size and driveway layout; additionally, the added hardcover for driveway and off-street parking is necessitated by the lack of on-street parking within a reasonable walking distance from the residence. The lot was created prior to current zoning standards and the substandard lot area was not created by the property owner. The character of the neighborhood is not likely to be significantly altered by replacement of the existing residence in the manner proposed. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5 . "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence is an allowed use in the LR-IB District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two -family dwelling." This condition is not applicable. B8 . "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The average setback that applies to this property is unique and unusually lengthy due to the location of the home on the adjacent property to the north. The 25% hardcover limitation applies to all Tier I residential properties located at the lakeshore and is not peculiar to this property. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." . The standards applicable to this property apply to all other property in Page 4 of 7 the neighborhood; however, the existing location of the neighboring residence building makes it difficult to replace the applicants' home in a location appropriate for the property while meeting the conditions imposed by the City ordinance. Additionally, the remote location of the residence from available on-street parking is not typical in this neighborhood. B 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting of the average setback variance and lot area variance is necessary to preserve the property rights of the owner to build a new residence on the property. While granting of the hardcover variance is not essential to maintaining the property owners' rights to have a home on the property, the variance would assist in providing for off-street parking since the shared driveway serving as access to the property is not wide enough to provide for on-street parking. Bl 1. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals , or in any other respect be contrary to the intent of this chapter." Granting of the average setback variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Granting of a hardcover variance is justified by resulting in a reduction of hardcover from existing levels and will enhance applicant and visitor safety by providing for off-street parking. B 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the average setback variance is necessary to solve a practical difficulty. Granting the hardcover variance helps to solve the practical difficulty related to parking in the area by providing for off-street parking where on-street parking is lacking. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78 -330 to allow construction of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach past the average lakeshore setback line where no encroachment is normally allowed; and a variance to Section 78-1700 to allow hardcover of 27.2% where only 25% would normally be allowed; subject to the following conditions: 1. Council approval is based on the survey and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the property shall not exceed 27.2% as shown on the hardcover calculation worksheet Page 5 of7 attached as Exhibit C. Any amendments to the approved survey or site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the project and commencing construction of said project within one year of the date of Council approval , or the variances will expire on that date (April 25 , 2017). 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. 6. The undersigned Owners have read , understand and hereb y agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 the 25th day of April , 2016. ATTEST: Diane Tiegs , City Clerk Lili Tod McMillan , Mayor Property Owner( s) Page 6 of 7 ( STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _ day of _____ , 2016 , by Peter A. Santrach, husband of Melissa A. Kreimer Santrach. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this _ day of _____ , 2016, by Melissa A. Kreimer Santrach, wife of Peter A. Santrach. Notary Public Page 7 of7 EXIDBITA RESOLUTION NO. ---- LEGAL DESCRIPTI ON OF PREMISES: Resolution Exhibit A That part of Lot 3, "Auditor's Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point of intersection of the Southeasterly line of Lot 11 in said Auditor' s Subdivision No. 349 and the dividing line between Lots 3 and 4 in said subdivision; thence Southeasterly along the dividing line between said Lots 3 and 4, a distance of 114.85 feet to the angle point in said dividing line, said point being the actual point of beginning of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4, a distance of 130 feet; thence East deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lots 2 and 3 in said subdivision; thence Westerly along the dividing line between said Lots 2 and 3 to the angle point in last said dividing line; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at right angles to the dividing line between said Lots 3 and 4. Also an undivided 1/18 interest in Lots 10 and 11, "Auditor's Subdivision No. 349 Hennepin County, Minnesota". Together with an easement for road purposes over that part of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove described; thence Southeasterly along the dividing line between said Lots 3 and 4, 114.85 feet to the angle point in said dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract of land hereinabove described and there terminating, as shown in deed Doc. No. 316624. Together with an easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Southerly of the line drawn across said Lot 3, from the angle point in the dividing line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor's Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot right of way being 20 feet wide as measured at a right angle to the dividing line between said Lots 3 and 4 , as shown in deed Doc. No. 316624. \ \ I\ \ ·, \\ \ \ \ I \ I\ I '\ \ \ I I \ I '\ I\ I I I I \ II \ ,\ II I I \ \ t, I \ I \ w · stwa< u.50£HT I '\ I I PER DOC. NO 862\20' \'-..... ---..... I \ \ / \ J""-l. LCT 16--048 ···•· ...•. SOUTt-tEASTERL Y LINE OF LOT 11, AUil. sue. NO. 349 ( ..... ) ' ' L ' ' ' ' ' ' ' \ \ (t1fl.Sq I __,, CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRACH IN LOT 3, AUDITOR'S SUBDIVISION NO. 349 HENNEPIN COUNTY, MINNESOTA (M7.1) \ a , \ ,.. PROPOSED ' I \ ~9USE 1 1700 \ I ,° \ J'° (A) ' ' ' ' ' ' ' PROPERTY IS VACANT '-, ' {te&.1)) l•~) .. -r··_. .... . I I '. I \ I I I \ \ ....... -·· !R it I" 162.82-------··--··-"i ''1 \ / \ \ I I\/ {t&?.I) \ \ \ ~ \ \ I I I \ I \ I I \ \ \ \ I I \ I I I\ (to&.4) ' # 3814 LAKE MINNETONKA CRYSTAL BAY RECEIVED FEB 1 7 70 1R CITY OF ORONO PRO PO SED ELEVATIONS {per archi tect, verify) 1) Main floor = !962.0! 2) Ga rage = !961.5! 3) Lower level = !951.0I 4) Lowest b asement = I 949.91 LEGAL DESCRIPTION OF PREMISES : Resolution Exhibit B That part of Lot 3, "Auditor' s Subdi vision No. 349, Hennepin County, Minnesota" described as follows: Com mencing at the point o f in tersection of the Southeasterly line of Lot 11 in said Au ditor ' s Subdivision No. 349 and the di vidin9 line between Lots 3 and 4 in said subdivisi on; th,mce Southeas t er ly along the div1din9 line between said Lo ts 3 and 4, a distonc" of 1 14.85 f eet to t he angle point in said dividing line, said point being the actual poin t o f beginning of the tract o f land to be described; thence So uther ly along the dividing line between soi d Lots 3 and 4, o di:;tonce o f 130 f eet; t hence East deflecting t o t he left o t an angle of 90 degrees 14 m inutes to t he shore o f Lake Minnetonka; t hence Northerly along shor e of said lake 160 f eet more or less to t he divid ing l ine betwe en Lots 2 and 3 in said subdivision; t hence Wes t erly alon';I the dividing line between said Lots 2 and 3 t o the angle point in lost said dividing line; t hence continuing West erly in o strai ght line to the actual point of beginning; except t he We sterly 20 feet thereo f, said 20 feet being measured a t right angl es to t h e dividing line betwe en said Lots 3 and 4. Also an undivided 1/ 18 interest in Lot s 10 an d 11 , "Audi t or' s Sub division No . 3 4 9 Hennepin County, Min nesot a". Together with on easement for rood purposes over that part of said L o t 3 , l ying We ster ly of the Wester ly line of t he premises hereinabove first described and Northeasterly of a line described as follows: Beginn ing at in itial point of commencement of t he t r act of land hereinobove described; thence Southeasterly along t he dividin9 line between said Lots 3 and 4, 1 14.85 feet to the angle point in said dividing line; thence continuing Southeasterly on on extensi on of said di viding line to the Westerly line of the t r act of land hereinobove described and there terminating, as sho wn in deed Doc. No. 316624 . Together with on easement for right of way for dr iveway purposes over that por t of t he Westerly 20 feet of said Lot 3, lying Northerly of the South li ne of the premises hereinobo v e first described and Southerly of the line dr own across said Lot 3, from the angle point in t he dividi ng line between Lots 3 and 4 to the angle point in the dividing line bet wee n Lots 2 and 3 in said "Aud itor's Subdivision Number 349 , Hennepin Count y, Minnesota", said described 20 foo t r ight of way being 20 feet wide as measured at a r ight angle to the dividing line between said Lots 3 and 4, os shown in deed Doc. No. 316624. • : denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum !910.81 : :lenotes proposed spot elevation, m ean sea level datum --917· --: denotes existing contour line, mean sea level datum --{filH]--: denotes proposed contour line, mean sea level datum Bear ings sho wn ore based upon on assumed datum. This sur vey intends to show t he boundaries of t h e above described proper ty, the location of on existing h ouse, to be removed, t rees, spot elevations, and topography, and t he proposed locat ion o f o proposed house, dr iveway, patio and gr ades thereon. It does not purp or t t o show any other imp rovemen ts or encroachments. NOTE: Accuracy of hardcover locat ion, and extent o f additional hardcover is limited by ice and snow cover . NOTE: Easements shown are those listed i n Ti t le Resources Guarant y Company Title Commitment No. 15 -01655 dated 2 -3-15. f-u w ..., 0 0:: a.. City of Orono Hardcover Calculation Worksheet Resolution Exhi bit C (f' AIV"rtf ,t rH ; Date: 2 -/S-t( Stormwater Quality Overlay District Tier: (Circle one)~ Tier 2 Tier 3 Tier 4 Tier 5 Step 2:~~POSED;.A~~~~ In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features oy letter which are split at the 75' setback line and calculate hardcover square footage I f I separate ' or eac, portion. Key to Hardcover Item (Describe) Length X Width Total Survev (Square Feet) (Examole) (Garage) (24' X 30') 1720S.F.\ A #l,lh,f(:° ( II< ,._flOJ'~~i '70 80 S.F. B ,1,1,rJ ~ ,? !2 QI,< S.F. C ~A I l/~ /,,1 ,;_ '1' ( , zo o~ S.F. D -'·" ,t,A[ i,,, ., ' ✓8 9 S.F. E Ll?'t"K.. "-"-rr~·;,_r-AT Nl.t1i. (:' (~...,, J ,.,,,.,6) /J') S.F. F cA.,,'f' .R (:"..,. ~--~, t:. <.:' /4,,! o --15·,·z ~,vi;" rt:"J , ~,.t, r. j 3'"f "? S.F . G ,-. A ..1,.1("" ~fru, (E"x,,...,,1,vu·l 2S~ S.F H r ... ,.H' J!n·. ,,.,,11 ,1 "'11,t./11' r ,-:,r. ,,._.,<:'", "'2 -.·""' l'cx,rr ,,,. ;d 16 S .F . I rr~P r ~ 1J,✓,t L,f ~2 ~· S.F . J S.F K S.F . L S.F. M S.F. N S.F. 0 S.F. p S.F . a S .F. R S.F. s S.F. T S.F. u S.F. V S.F. -w ~-S .F. X S.F. y S .F . z S.F . /1\ Total Prooosed Hardcover / 50 e:; S.F. Excludable Hardcover (See Cltv Code Sec 78-1684}: LJ Cl"-' A" ii .,--r LA .Ji I A,_,,-."f' L's{. ,r. ~--:; ;2~7<;"' 7t:~ f f /oe; S.F. S .F. S.F. S.F. S.F. (2) Total Excludable Hardcover I OY S.F . (3) Net Proposed Hardcover [Subtract line (2) from line (1)1 ,.,,,c,, S.F. (4) Total Lot Area 27 Z /0 S .F. Proposed Hardcover Percentage [ (3) + (4) ) 27. 20 % RECEIVED This is an information packet regarding H ardcover. Every effort has been made to insure the acc uracy of the information contained herein; however, if any information is no t consistent with provisions of the City Code, the Code provisions will p revail. FEB 1 7 2016 Page 9 of 9 # 3814 CITY OF ORONO ( MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. *12. #16-3812 GREG REI AND SALLY NEUBAUER, 92 VARIANCES -RESOLUTION N 6605 Levang moved, Cornick seconded, to adop Variance to Municipal Zoning Code Section North. VOTE: Ayes 5, Nays 0. Council Exhibit B ' > #16-3813 DALE GUSTAFS ON BEHALF 0 ATT BURNS, 1180 LOMA LINDA UTION NO. 6606 Levang moved, Cornick conded, to adopt RESOLUTION NO. 6606, eso lution Approving Variances from Mu · 1pal Zoning Code Sections 78-1279 and 78-1680 for 1180 Loma Lind venue. VOT · 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD -VARIANCES Gaffron stated the applicants are requesting two variances consisting of an average lakeshore setback variance and a hardcover variance in order to construct a new residence. The property is located at the very end of Bohn's Point and the property to the immediate south has no house. The property to the north does have a house. The property consists of two-thirds of an acre. The applicants are proposing to replace the existing residence and driveway. Gaffron displayed a layout on the overhead. The applicants are proposing a fairly large driveway apron given the difficulty they have maneuvering the current driveway. There are a number of retaining walls near the lake as well as other areas of hardcover. The applicants are proposing to revise the hardcover for the driveway to have an in leg and an out leg. The proposed hardcover is 27 .2 percent and existing hardcover is 29 percent. There is a 25 percent hardcover limit in Tier 1. The other issue relates to the average lakeshore setback. Since the property to the south is currently vacant, the house to the north defines the setback for the new house. The Planning Commission voted 3-2 to recommend approval. All five members stated they have no issue with the average lakeshore setback variance but two had an issue with the hardcover since this would be considered a clean slate. Gaffron indicated Staff has not drafted a resolution tonight but will do so based on Council 's direction. Walsh noted what is allowed is 25 percent. Walsh asked if the extra 2.2 percent hardcover equals roughly 600 square feet. Gaffron indicated that is correct and that the applicants are proposing a reduction in hardcover from what currently exists. Printup asked for an explanation of a clean slate. Page 18 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. ( Va 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA ~ SANTRACH, 1700 BOHN'S POINT ROAD -VARIANCES (continued) ~ , ',,,~ Gaffron stated when a new house is being built, there is an opportunity for the applicant to remove and balance the hardcover so a variance is not required. Gaffron stated that could be accomplished in this case by making the house smaller or reducing the driveway. Printup asked if Staff alerted the builder about this clean slate concept. Gaffron stated the property owner was alerted at least once and possibly more than once that the hardcover variance would be difficult to get approval for . Levang stated the existing driveway is difficult, especially as you drive into the property, and that there is not a lot of room to maneuver and that they are not able to park a car in front of the garage. Gaffron displayed some aerial photographs of the lot and house. Gaffron noted the circle is a public road but the interior of the circle is privately owned by a number of the residents. The current driveway goes through an easement and then down past the vacant lot. Gaffron noted it is a very narrow corridor and there is no access from the existing driveway up to the higher narrow corridor. Once a person gets into the existing driveway, it is difficult to maneuver to get out. To address that situation, the applicants are proposing essentially a looped driveway. Levang stated when cars are parked on the circle, it makes it even more precarious to maneuver. Levang stated she understands the parking dilemma and that what is being asked for is reasonable given the lay of the land and the need for safety. Walsh stated it comes down to a practical difficulty and having people walking 50 yards in the wintertime or in inclement weather is an issue. Walsh stated the applicants want to make sure there is enough parking for guests and that he does not see an issue with the practical difficulty. Printup commented he is struggling with the clean slate concept and that the Council is concentrating on the driveway and not the house. Printup stated the Council has put people through the mill for less. Kathi Alexander, Alexander Design Group, distributed some photographs of the property. Alexander noted the third variance is being requested because this is a substandard lot for this zone. In comparison to the rest of the lots on Bohn' s Point, this lot and one other lot are quite a bit smaller. Alexander indicated they did have a bit of a challenge with the lot in addition to so me drainage issues and that they worked for several months on the design to deal with the drainage, the design, and access. Walsh stated at a normal house the property owners have room for someone to park in their driveway and that the proposed turnaround is the extra hardcover being requested . Walsh stated it does not appear the applicants added any extra hardcover to the house. Page 19 of 32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BORN'S POINT ROAD-VARIANCES (continued) ) Kathi Alexander stated they did look at this lot as a clean slate but that those issues are why they are requesting the additional hardcover. Alexander noted there is also some hardcover down at the lakeshore that cannot be removed. Alexander indicated they did pull the house back behind the 75-foot line, reduced the hardcover on the lot, and improved the drainage on the lot. The existing house is well into the 75-foot zone and is over on hardcover, which is likely due to the driveway. Alexander noted they do have the support of both neighbors in writing. Peter Santrach, Applicant, stated the lot has presented a lot of challenges. Santrach stated if the lot were located on the street, there would be on-street parking available. Given the current layout, it requires someone to walk SO-plus yards to get to the house. Santrach indicated they have older parents and it is a challenge for them and other older people to access the property. Santrach noted they also have issues with snow storage and that they need some additional room to turn around within the property. Santrach stated in his view they have made a lot of compromises by bringing the house out of the 75-foot setback. In addition, there are some legacy items that they are not prepared to just go in and tear out due to the additional cost to remove it. Santrach stated on a clean slate, they could tear it all out and make something fit, but the legacy items are what attracted them to the property. Santrach noted this is one of the smallest properties on Bohn's Point and that they are talking about 600 feet. Without the proposed driveway, it would make it less desirable for guests and for them to get in and out on a daily basis. Alexander stated there is a lot of green space in the neighborhood and that their survey does list a portion of the green space within the circle. Alexander stated she realizes they cannot use that area, but if that is factored in, the hardcover would be below 25 percent. McMillan asked who owns and maintains that area. Santrach indicated it is shared and maintained by the 18 residents. Walsh noted the proposed turnaround area is 758 square feet. Santrach stated for them as a property owner, if they had sole ownership of the driveway, it would be an even bigger problem, but that it is shared access among three properties. Alexander stated it is an unusual property and that they have attempted to limit the hardcover as much as possible. Printup asked what the legacy pieces are. Mrs. Santrach indicated they are the retaining walls along the shoreline. Gaffron pointed out the retaining walls on the overhead. Page 20 of32 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELIS~A (>_h SANTRACH, 1700 BOHN'S POINT ROAD-VARIANCES (continued) ~T.,(" ~- Walsh moved, Cornick seconded, Application No. 16-3814, Alexander Design Group on behalf of Peter and Melissa Santrach, 1700 Bohn 's Point Road, to direct Staff to draft an approval resolution granting an average setback variance and hardcover variance. VOTE: Ayes 5, Nays 0. ecess taken from 9:2 p.m. to 9:28 p.m.) 15. #15-3784 TE GULATIONS, NUISANCES Barnhart stated the proposed xt amendment consists of two separate or ·nances. The first amendment establishes guidance and regula ·on for property owners throughout the ity, with the goals of preserving a dark sky characteristic by mini 'zing light and glare onto adjacent arcels. The second text amendment establishes lighting that ·s measurable over 1.0 foot ca le to be considered a nuisance. The Planning Commission and Staff ve developed a comprehe ive zoning code amendment that would establish standards for every lot 1 the City and a new or mance that codifies changes to the nuisance standard. Any changes to Chapter 78 would grandfathe xisting fi ures that do not meet the requirements. These fixtures would be allowed to remain in perpetui until ey are removed or otherwise abandoned for six months or more. Barnhart stated Chapter 70 is en · ca m addressing ongoing issues with nuisance light. The Planning Commission has reviewed the ordin c nd has recommended approval. The Planning Commission further directed Staff to inspect the 1ghts a 375 North Shore Drive. Staff inspected the property on April 6. Staff observed that the Ii t sources ere visible, with the closest light being 40 feet away from the property line, but the highest ·ght levels as asured at the property line were 0.1 foot- candle. Based on the draft nuisance ordina ce, those lights w Id not be considered a nuisance. Barnhart stated while a visible light sou e can be annoying, enfo eable nuisances should be measurable, and in that particular situation, adjusti g the light angle would bene t the adjacent property owner. Barnhart noted light drops off very ickly from its source and most hts would not be considered a nmsance. Barnhart indicated the compreh a city in Illinois. In Staffs vi Barnhart noted lighting is al sive lighting ordinance is based upon a m el ordinance obtained from it seemed to be the most comprehensive wit ut being too restrictive. very personal to property owners and helps with oncerns relating to safety and security. Barnhart stated Staff is oking for feedback from the City Council. McMillan asked if t lack of shielding is the crux of the problem. Barnhart stated t majority of the complaints relate to the fact that they can see the light source. McMillan stated if the house is located up on a hill, the shielding will probably still not be adequate. Page 21 of 32 ( Kathy- The City has not in the past given individual hardcover credit for portions of commonly owned areas such as private roads, ponding areas, etc . We do not plan t o sta r t doing so . I see this as no different than if one owned a 1/nth int erest in a private road; if the applicant w ere given area credit for the 1/nth portion of the road area, he w ou ld be charged as wel l w ith 1/nth of the 50-75% hardcover within it -in that case it would usually work against the property owner, and we would never hear the end of it. Additionally, your clients' p rope rty is not contiguous nor combined wit h the cul-de-sac parcel. We wouldn't give hardcover credit for a vacant lot o ne owned down the street . You may bri ng this up with t he Council if you w ish, but sta ff w i ll not support t he concept . M i ke ( Mike Gaffron From: Sent: Kathryn Alexander <kathryn@alexanderdesigngroup.com> Friday, April 08 , 2016 11 :39 AM To: Mike Gaffron Cc: Kathryn Alexander Subject: Santrach--1700 Bohns Pt. Rd. Attachments: Santrach HC 4-6-16.pdf Mike, In studying the survey, the client noticed they have ownership of !/18th of the green space in the center of the cul de sac . That changes the hardcover picture somewhat. Attached is a new calc. done by Gronberg. It shows that we are actually at 25.8% hardcover if you include that parcel of land, which is noted on the survey as inclusive with this property. I thought I would let you know before the Monday night City Council meeting. If you have any questions, feel free to call me. Have a good weekend! Kathy Kathryn Alexander Alexander Design Group, Inc. 401 Lake Street East Wayzata, MN 55391 Phone: 952-473-8777 Email : kathryn@alexanderdesigngroup.com http://alexanderdesigngroup.com E,, cf £. • ·,1 B• tat B• t c-f ~ houzz ,. houzz • houzz • houzz iv , L')15 2014 2(', J L&:i,,=-11'/ImtL+ From: "markg@gronbergassoc .com " <m arkg@gronbergassoc.com> Date: Wednesday, April 6, 2016 3:55 PM To: Kathryn Alexander <kathryn@alexanderdesigngroup.com > Subject: RE : Santrach Here is the HC sheet. From: Kathryn Alexander [m ailto:kath ryn@alexanderdesigngroup.com ] Sent: Wednesday, April 06, 2016 10:34 AM To: Mark <ma rkg@gronber gass o c.com> Subject: Re: Santrach Yes, that is what we thought. If you redo the HC calks it brings us down to 25.8% Please do HC to reflect that and ill see if the city buys that rationale. Kathryn Alexander Alexander Design Group, Inc. 401 Lake Street East Wayzata, MN 55391 Phone : 952-473 -8777 1 I Email: kathryn@alexanderdesigngroup.com http://alexanderdesigngroup.com From: "markg@gronbergassoc.com" <markg@gronbergassoc.com > Date: Wednesday, April 6, 2016 8:22 AM To : Kathryn Alexander <kathryn@alexanderdesigngrou p.com> Subject: Santrach ( Kathy: According to their deed they have a 1/18th interest in Lots 10 and 11. Since Lot 11 is the private road they should be able to just use 1/18 th of the area of Lot 10. The county has listed this at 25,829 SF so their share wou ld be 1435 SF. 2 ( City of Orono Hardcover Ca lc ulation Works heet Property Address: / 7 0 0 Ii '7.11 If./ f , 7. A O" I} Prepared by: ('JA/v"?'~ ,t r;.t) (i J<. 011/tif"t C f J rt (IC II T,' [ 1&( « ,,, , Date: -¾-/§ ff -7'-4'~/o Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5 step 2:€Po~~YA~DCO~ In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features oy letter which are split at the 75' setback line and calculate hardcover square footage t I i I . separa e or eac 1 portion. Key to Hardcover Item (Describe) Length x W idth Total Survey (Square Feet) (Examole) (Garage) (24' X 30') (720 S .F.) A u,.h r c-(J~ h iJ(/j,#} t.:fc B o S.F. B ~.,,.,~ IJ ~OQ S .F. C ~A I l/t:'I.,_,1 ,t '1' '' %00 ~ S.F. D IJ,t,al V '' /8~J S.F. E IIE"t•it..,,.. f'l"t'~t ~ .fJJ/J.~t: rFv1 r ,r,.-~,,d rr; S.F . F C°AA ,/r" 1·.::-r IU ~_., I.'(' ~~ (),'J5i'••24(}1V"i:° ri:J HT.M ~,d 3 9"7 S.F. G l'"A'6.Ji" ,,{r /l"J ~£'Jti , r.-,AHt:) . :2SR S.F. H ti',.,,,_ ~C"'t'. ,_,.,1,.,1 LiUt"r •u o .7~'?-,. • l't:">:1 r r,~ ,.. it1Y S.F. I rr~P j" J. ;~j S L.I ~.,., S.F. J S.F . K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. a S .F . R S.F. s S.F. T S.F . u S.F. V S .F. -w S .F. X S.F. y S .F . z S.F . (1) Total Prooosed Hardcover /.?()If S .F. Excludable Hardcover (See Citv Code Sec 78-1684): IJ C",,._,,.. ~_,..;-LA .,;~,, A,.JVJ',',-)C ,.,'C A.-'1 ," 7ts ,_,tf" /0~ S.F. . S.F. S.F. S.F. S.F. (2} Total Excludable Hardcover l0~ S.F. (3) Net Prooosed Hardcover [Subtract line (2} from line (1 )] r70I S.F. (4l Total Lot Area Z 7, 2.n:1 f ¼? -rl/ ,,Jr .1 "7" /P {Cf'MMI. IJ't,r,<,,4) 1M. lo/1 $ -2 R 5,YS S.F. - Proposed Hardcover Percentage [ (3) + (4) J 2 5.. 81/ % This is an Information packet regarding Hardcover. Every effort has been made t o insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9of9 H ( Hennepin County Property Map Date: 4/8/2016 PARCEL ID: 1711723110004 OWNER NAME: WendyWDankey EtAI PARCEL ADDRESS: 38 Address Unassigned, Orono MN 00000 PROPERTY TYPE : Common Area HOMESTEAD : Non-Homestead PARCEL AREA: 0.59 acres, 25,829 sq ft A-T-B: Torrens MARKET VALUE : $0 TAX TOTAL: $0.00 SALE PRICE: SALE DATA: SALE CODE: . .. 1 inch = 1 00 feet Comments: This data (i) is furnished 'AS IS' with no representation as to completeness o r accuracy; (ii) is furnished with no warranty of any kind ; and (ii i) is notsui1able for lega I, eng i neering or surveying purpos es . Hennepin County shall not be liable for any damage, injury or los s resulting from this data. COPYRIGHT© H ENN EPI N COUNTY 2016 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. ( *12. #16-3812 GREG REITAN AND SALLY NEUBAUER, 925 BROWN ROAD NORTH - VARIANCES -RESOLUTION NO. 6605 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6605, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1279(6) for Property Located at 925 Brown Road North. VOTE: Ayes 5, Nays 0. *13. #16-3813 DALE GUSTAFSON ON BEHALF OF MA TT BURNS, 1180 LOMA LINDA A VENUE -VARIANCES -RESOLUTION NO. 6606 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6606, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1279 and 78-1680 for the Property Located at 1180 Loma Linda Avenue. VOTE: Ayes 5, Nays 0. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOON'S POINT ROAD -VARIANCES Gaffron stated the applicants are requesting two variances consisting of an average lakeshore setback variance and a hardcover variance in order to construct a new residence. The property is located at the very end ofBohn's Point and the property to the immediate south has no house. The property to the north does have a house. The property consists of two-thirds of an acre. The applicants are proposing to replace the existing residence and driveway. Gaffron displayed a layout on the overhead. The applicants are proposing a fairly large driveway apron given the difficulty they have maneuvering the current driveway. There are a number ofretaining walls near the lake as well as other areas of hardcover. The applicants are proposing to revise the hardcover for the driveway to have an in leg and an out leg. The proposed hardcover is 27.2 percent and existing hardcover is 29 percent. There is a 25 percent hardcover limit in Tier 1. The other issue relates to the average lakes hore setback. Since the property to the south is currently vacant, the house to the north defines the setback for the new house. The Planning Commission voted 3-2 to recommend approval. All five members stated they have no issue with the average lakeshore setback variance but two had an issue with the hardcover since this would be considered a clean slate. Gaffron indicated Staff has not drafted a resolution tonight but will do so based on Council's direction. Walsh noted what is allowed i s 25 percent. Walsh asked if the extra 2.2 percent hardcover equals roughly 600 s quare feet. Gaffron indicated that is correct and that the applicants are proposing a reduction in hardcover from what currently exists. Printup asked for an explanation of a clean slate. Page 18 of 32 ( MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. ( 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD -VARIANCES (continued) Gaffron stated when a new house is being built, there is an opportunity for the applicant to remove and balance the hardcover so a variance is not required. Gaffron stated that could be accomplished in this case by making the house smaller or reducing the driveway. Printup asked if Staff alerted the builder about this clean slate concept. Gaffron stated the property owner was alerted at least once and possibly more than once that the hardcover variance would be difficult to get approval for. Levang stated the existing driveway is difficult, especially as you drive into the property, and that there is not a lot of room to maneuver and that they are not able to park a car in front of the garage. Gaffron displayed some aerial photographs of the lot and house. Gaffron noted the circle is a public road but the interior of the circle is privately owned by a number of the residents. The current driveway goes through an easement and then down past the vacant lot. Gaffron noted it is a very narrow corridor and there is no access from the existing driveway up to the higher narrow corridor. Once a person gets into the existing driveway, it is difficult to maneuver to get out. To address that situation, the applicants are proposing essentially a looped driveway. Levang stated when cars are parked on the circle, it makes it even more precarious to maneuver. Levang stated she understands the parking dilemma and that what is being asked for is reasonable given the lay of the land and the need for safety. Walsh stated it comes down to a practical difficulty and having people walking 50 yards in the wintertime or in inclement weather is an issue. Walsh stated the applicants want to make sure there is enough parking for guests and that he does not see an issue with the practical difficulty. Printup commented he is struggling with the clean slate concept and that the Council is concentrating on the driveway and not the house. Printup stated the Council has put people through the mill for less. Kathi Alexander, Alexander Design Group, distributed some photographs of the property . Alexander noted the third variance is being requested because this is a substandard lot for this zone. In comparison to the rest of the lots on Bohn's Point, this lot and one other lot are quite a bit smaller. Alexander indicated they did have a bit of a challenge with the lot in addition to some drainage issues and that they worked for several months on the design to deal with the drainage, the design, and access. Walsh stated at a normal house the property owners have room for someone to park in their driveway and that the proposed turnaround is the extra hardcover being requested. Walsh stated it does not appear the applicants added any extra hardcover to the house. Page 19 of 32 ( MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. ( 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD -VARIANCES (continued) Kathi Alexander stated they did look at this lot as a clean slate but that those issues are why they are requesting the additional hardcover. Alexander noted there is also some hardcover down at the lakeshore that cannot be removed. Alexander indicated they did pull the house back behind the 75-foot line, reduced the hardcover on the lot, and improved the drainage on the lot. The existing house is well into the 75-foot zone and is over on hardcover, which is likely due to the driveway. Alexander noted they do have the support of both neighbors in writing. Peter Santrach, Applicant, stated the lot has presented a lot of challenges. Santrach stated if the lo t were located on the street, there would be on-street parking available. Given the current layout, it requires someone to walk 50-plus yards to get to the house. Santrach indicated they have older parents and it is a challenge for them and other older people to access the property. Santrach noted they also have issues with snow storage and that they need some additional room to turn around within the property. Santrach stated in his view they have made a lot of compromises by bringing the house out of the 75-foot setback. In addition, there are some legacy items that they are not prepared to just go in and tear out due to the additional cost to remove it. Santrach stated on a clean slate, they could tear it all out and make something fit, but the legacy items are what attracted them to the property. Santrach noted this is one of the smallest properties on Bohn's Point and that they are talking about 600 feet. Without the proposed driveway, it would make it less desirable for guests and for them to get in and out on a daily basis. Alexander stated there is a lot of green space in the neighborhood and that their survey does list a portion of the green space within the circle. Alexander stated she realizes they cannot use that area, but if that is factored in, the hardcover would be below 25 percent. McMillan asked who owns and maintains that area. Santrach indicated it is shared and maintained by the 18 r es idents. Walsh noted the proposed turnaround area is 758 square feet. Santrach stated for them as a property owner, if they had sole ownership of the driveway, it would be an even bigger problem, but that it is shared access among three properties. Alexander stated it is an unusual property and that they have attempted to limit the hardcover as much as possible. Printup asked what the legacy pieces are . Mrs. Santrach indicated they are the retaining walls along the shoreline. Gaffron pointed out the retainin g walls on the overhead. Page 20 of 32 ( MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD-VARIANCES (continued) Walsh moved, Cornick seconded, Application No. 16-3814, Alexander Design Group on behalf of Peter and Melissa Santrach, 1700 Bohn's Point Road, to direct Staff to draft an approval resolution granting an average setback variance and hardcover variance. VOTE: Ayes 5, Nays 0. (Recess taken from 9:24 p.m. to 9:28 p.m.) 15. #15-3784 TEXT AMENDMENT PERTAINING TO LIGHTING REGULATIONS, NUISANCES Barnhart stated the proposed text amendment consists of two separate ordinances. The first amendment establishes guidance and regulation for property owners throughout the City, with the goals of preserving a dark sky characteristic by minimizing light and glare onto adjacent parcels. The second text amendment establishes lighting that is measurable over 1.0 foot candle to be considered a nuisance. The Planning Commission and Staff have developed a comprehensive zoning code amendment that would establish standards for every lot in the City and a new ordinance that codifies changes to the nuisance standard. Any changes to Chapter 78 would grandfather existing fixtures that do not meet the requirements. These fixtures would be allowed to remain in perpetuity until they are removed or otherwise abandoned for six months or more. Barnhart stated Chapter 70 is critical in addressing ongoing issues with nuisance light. The Planning Commission has reviewed the ordinance and has recommended approval. The Planning Commission further directed Staff to inspect the lights at 375 North Shore Drive. Staff inspected the property on April 6 . Staff observed that the light sources were visible, with the closest light being 40 feet away from the property line, but the highest light levels as measured at the property line were 0.1 foot- candle. Based on the draft nuisance ordinance, those lights would not be considered a nuisance. Barnhart stated while a visible light source can be annoying, enforceable nuisances should be measurable, and in that particular situation, adjusting the light angle would benefit the adjacent property owner. Barnhart noted light drops off very quickly from its source and most lights would not be considered a nuisance. Barnhart indicated the comprehensive lighting ordinance is based upon a model ordinance obtained from a city in Illinois. In Staffs view it seemed to be the most comprehensive without being too restrictive. Barnhart noted lighting is also very personal to property owners and helps with concerns relating to safety and security. Barnhart stated Staff is looking for feedback from the City Council. McMillan asked if the lack of shielding is the crux of the problem. Barnhart stated the majority of the complaints relate to the fact that they can see the light source. McMillan stated if the house is located up on a hill , the shielding will probably still not be adequate. Page 21 of 32 ( Date Application Received: 2/17/16 Date Application Considered as Complete: 2/17/16 60-Day Review Period Expires: 4 /17/16 ( REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron j,m~ Title: Senior Planner Date: April 6, 2016 Item No.: 14 Agenda Section: Item Description: #16-3814, Alexander Design Group o/b/o Peter Melissa Santrach, ~-o 1700 Bohn's Point Road -Variances ......J - Zoning District: Lot Area/ Width: List of Exhibits LR-1B, One Family Lakeshore Residential , 1.0 acre/140' min. width 27,210 s.f. (0.62 acre), 165 ' wide at OHW, 152 ' at 75' lake setback line A -Draft PC Minutes of 3/21116 B -Notice of PC Action 3/29/16 C -Planning Commission Memo and Exhibits dated 3/15/16 Application Summary: The applicants request average lakeshore setback and hardcover variances in order to construct a new residence to replace the existing residence. Planning Commission Recommendation: The Planning Commission reviewed thi s application and held a public hearing at its March 21st meeting, and voted 3-2 to recommend approval of the average setback variance and the hardcover variance. Planning Commission noted that the 3-2 vote resulted primarily from the issue of the hardcover variance request, a s there appeared to be unanimous support for the average setback variance. The minority vo ters indicated that with the proposed complete demolition and rebuild in a different configuration, they were not able to justify the need for a hardcover amount greater than the standard 25% allotment. Staff Recommendation: If Council determines that the practical difficulties test is met and one or both variances are justified, then a partial or full approval may be in order . .Please review the attached Pla1111illg Co111111i~·sio11 memo and exhibits, and also plea.,·e review the PC minute.,· for details of the discussion am/ va,ying JlO.,-itim1s regarding the reque.<tted hardcover variance. COUNCIL ACTION REQUESTED Motion to direct staff to draft a resolution reflecting Council 's conclusions regarding granting of the requested variances, for review and consideration on April 25. Note that the applicants will be notified that the 60-day review period will b e extended another 60 days because final Council action will not be possible before the April 17th end of the initial 60-day review period. ( Date Application Received: 2/17/16 Date Application Considered as Complete: 2/17/16 60-Day Review Period Expires: 4/17/16 ( REQUEST FOR COUNCIL ACTION Department Approval: Name: Michael P . Gaffron Title: Senior Planner Administrator Approval: j,711~ Date: April 6, 2016 Item No.: 14 Agenda Section: Planning Dept. Item Description: #16-3814, Alexander Design Group o/b/o Peter & Melissa Santrach, 1700 Bohn 's Point Road -Variances Zoning District: Lot Area/ Width: List of Exhibits LR-1 B, One Family Lakeshore Residential, 1.0 acre/140' min. width 27,210 s.f. (0.62 acre), 165' wide at OHW, 152' at 75' lake setback line A -Draft PC Minutes of 3/21 /16 B -Notice of PC Action 3/29/16 C -Planning Commission Memo and Exhibits dated 3/15/16 Application Summary: The applicants request average lakeshore setback and hardcover variances in order to construct a new residence to replace the existing residence. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its March 21st meeting, and voted 3-2 to recommend approval of the average setback variance and the hardcover variance. Planning Commission noted that the 3-2 vote resulted primarily from the issue of the hardcover variance request, as there appeared to be unanimous support for the average setback variance. The minority voters indicated that with the proposed complete demolition and rebuild in a different configuration, they were not able to justify the need for a hardcover amount greater than the standard 25% allotment. Staff Recommendation: If Council detennines that the practical difficulties test is met and one or both variances are justified, then a partial or full approval may be in order. Please review the attached Pla1111i11g Co111111b,!lio11 memo and exhibits, a11d also please r eview the PC minutes for details of the di.'icus~.-io11 and va,ying pm,'itio11 .,· regardi11g the requested hardcover varia11ce. COUNCIL ACTION REQUESTED Motion to direct staff to draft a resolution reflecting Counci l's conclusions regarding granting of the requested variances , for review and consideration on April 25. Note that the applicants will be notified that the 60-day review period will be extended another 60 days because final Council action will not be possible before th e April 17th end of the initial 60-d ay review period. ( ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. II on the south side. Council Exhibit A Leskinen noted an in-kind rep cement would be allowed but that ere is no clear need or justification for ation on the slope to help stabilize it and that proval of Application No. 16-3813, Da le setback variances, and denying the Ayes 5, Nays 0. a Avenue, granting of hardcover and lake e north side o f the boathouse. VOTE: Thiesse asked whether the pplicant would still be able to replace in ind the wall on the north side without a permit. Curtis indicated e can but he would require a permit. 6. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHNS POINT ROAD, VARIANCE, 7:24 P.M. -7:52 P .M. Peter and Melissa Santrach, Applicants, were present. Gaffron stated the applicants are requesting average lakeshore setback and hardcover variances in order to construct a new residence on the property located at the very south end of Bohns Point. The property is fairly small compared to other properties in Bohns Point and consists of two-thirds of an acre in a one- acre zone. The new residence would be larger than what currently exists while the driveway would be made smaller. Due to the current narrow configuration of the driveway, it is difficult for cars to turn around. Page 14 of 32 ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING ~ Monday, March 21, 2016 ~, _______________ 6._·3_o_o_'c_Io_c_k_p_._m_. ______________ 1)'9.(!'" A small portion of the existing house is located 65 feet from the lake, while the entire new house is proposed to meet the required 75-foot lake setback. However, because the adjacent property to the south is vacant, the required average lakeshore setback is defined by the setback from the lake of the adjacent house to the north, which is 115 feet from the lake. The majority of the properties along the east side of Bohns Point are much deeper than the applicants' property and, as a result, the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115 foot setback, the applicants ' property will have a buildable envelope of 25 to 40 feet in depth and 120 feet in width, potentially resulting in a long, narrow home stretching from side lot line to side lot line and likely not in character with the neighborhood. Staff feels the average lakeshore setback variance is reasonable given the building envelope. Gaffron noted the deck down by the lake as well as a patio will remain. In addition, the applicants are requesting a variance to allow 27.2 percent hardcover where only 25 percent is normally allowed. Existing hardcover on the site is 29.0 percent. The property is located in Tier 1. The proposed hardcover on the property consists primarily of the house and driveway, with sidewalks, steps and patios accounting for the remainder. The proposed house footprint is right at the 15 percent structural coverage limit. The proposed hardcover is approximately 600 square feet over the 25 percent limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. Gaffron stated it becomes a question of how much house the applicants should be allowed to have versus the driveway and the Planning Commission should consider whether further reductions in hardcover should be made. Letters have been received from both adjacent property owners in support of the variance requests. Gaffron stated if the Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. The Planning Commission had no questions for Staff. Page 15 of 32 ·~ )' ( ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 ---------------6-:3_o_o_'c_Io_c_k_p_._m_. _____________ --J_~,9/ .._ Peter Santrach, Applicant, stated as Staff has pointed out, they would like to construct a new home on this "< } small lot. Santrach indicated they have encountered some difficulty in designing a home that will fit on the lot as well as provide some off-street parking. Santach noted this property is accessed through the easement, which is shared by two other properties. There is no off-street parking on the easement. In addition, the road access is fairly narrow and does not really allow for any off-street parking. Granting the variance would provide some relief for creating off-street parking for guests that does not block the garage. Lemke asked if they will be attempting to preserve the 18-inch spruce tree. Santrach stated he is not sure which tree he is talking about, but that they have not really talked about that at this point. Gaffron pointed out the tree on the overhead. Santrach stated he is not sure what is going to happen in terms of final grades until the house is further along. Chair Leskinen opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 7:33 p.m. Leskinen stated it appears the applicants have worked hard to design a house that fits on the lot and that the hardcover is being reduced from what currently exists. Leskinen stated she is inclined to allow a hardcover variance for the additional driveway in order to provide some off-street parking. Leskinen stated she is not sure what could be reduced to bring the hardcover down on the lot. As it relates to the average lakeshore setback variance, Leskinen stated there really is no other option for providing a useful building envelope. Page 16 of32 ( ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. <. Thiesse indicated he is in agreement and that in his view the house should be reasonably sized given its location on Bohns Point. Schoenzeit noted this is a clean sheet and that the applicants could have a turnaround rather than a looped driveway. Schoenzeit stated the house as designed does not support a circular driveway and could be eliminated, which would bring the hardcover down to around 25 percent. Schoenzeit stated the hardcover on the lot should be in conformity on a new design. Thiesse stated the driveway will not operate the way it should if a portion of the driveway is eliminated. Schoenzeit noted other people that have come before the Planning Commission are not allowed the additional hardcover. Leskinen stated she has a concern that removing the circular driveway could pose a safety issue since there is not any off-street parking. Leskinen concurred the size of the house is reasonable for the area. Schoenzeit noted it is a 4,100 square footprint, which is not small, and that there should be some give and take on the hardcover. Olson asked how often it is that people are requested to reduce hardcover. Olson stated he is looking at reducing the hardcover overall. Thiesse stated if it is a clean slate, the expectation is higher that everything will conform. Leskinen asked if the Planning Commissioners are concerned with the level of the hardcover for the driveway or the house footprint. Schoenzeit stated the applicants can choose where they would like to have their hardcover and that it appears some of the hardcover can be eliminated. Schoenzeit stated the City has had applicants that have had smaller lots and have complied with the regulations, and given that it is a clean sheet, he cannot support the overage. Page 17 of32 ( ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. < Melissa Santrach, Applicant, stated the biggest issue is the lack of off-street parking. ~ ~~ Santrach stated if ~? .. you look at the larger picture, anybody who is coming to the home has to walk a considerable distance from the street. Santrach stated for that reason they have proposed the driveway as designed because parking is also not allowed on the easement. The driveway area would facilitate access in and out of the property. Santrach stated the only other option is to reduce the size of the home. If you look at the other homes in the neighborhood, they are considerably larger, and the size of the home is consistent with what has been constructed on some of the other smaller lots in this area. Santrach stated it is difficult for people with young children or the elderly to walk that distance to get to their house. Santrach stated in her view the additional hardcover does not seem to be asking for too much. Leskinen stated what comes to mind is that the proposed home appears to be consistent with other homes in the neighborhood but that the lot size is not consistent with the other lots. Leskinen stated she is now inclined to stick with the 25 percent but that she does not have a problem with the average lakeshore setback variance. Schoenzeit stated he would also agree with the average lakeshore setback variance but that the hardcover should be reduced by 600 feet somewhere. Leskinen noted it is not the role of the Planning Commission to redesign but that they can make recommendations. Lemke commented he sees it both ways and that the proposed hardcover is a reduction from what currently exists. Lemke stated with a clean slate, it could be brought into compliance. Gaffron stated the P lannin g Commission could vote to table the application to allow the applicant time to redesign his proposal or make a recommendation to either approve or deny the application. Peter Santrach stated he did not see anything in the City's variance documents that talked about a clean sheet design. Santrach asked if the City has criteria on that that could be provided for guidance . Santrach indicated they went through a lot of work to come up with their design and that the fir st time he is hearing Page 18 of32 > ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. anything about a clean sheet design is tonight. for. ✓ l>~ Santrach asked what the Planning Commission is looking ~ Schoenzeit noted the property should comply with the City's regulations. Gaffron indicated the property is allowed 25 percent hardcover. Santrach commented he has seen a number of people here tonight asking for similar variances and be approved. Santrach stated while those were not a clean sheet design, he does not see any difference. Santrach stated if he had been shown something about a clean sheet, they likely would have gone a different direction with their design. Gaffron noted the applicants' design team has gone through the variance process many times with the City and that the usual goal with a clean sheet is to have the property conform as much as possible. Gaffron stated under City Code, the property is allowed 25 percent hardcover. Schoenzeit stated because this is a clean sheet, the applicants have ample opportunity to make their design compliant, and that the amount of hardcover that is allowed should be plenty. Leskinen asked if he would prefer the Planning Commission table their application so they can redesign their proposal or whether he would like to take this discussion in front of the City Council. Santrach indicated they are not interested in tabling their application. Lemke stated the point is that the Planning Commission agrees with the average lakeshore setback variance but that they would like to see the hardcover reduced. Thiesse commented he is struggling with this one and that the hardcover is close to the limit. Leskinen stated she also can see both sides of this. Page 19 of 32 ( MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. ' ~ ✓ C11.~ Thiesse stated off-street parking is important in this situation and that any visitors to the property have to 1 .. ., j' walk a considerable distance. Thiesse stated the applicants could keep the proposed driveway but reduce the size of the house. Schoenzeit stated a 4,100 square footprint for a house is not a small structure. Schoenzeit noted on the other applications earlier tonight the lots were smaller. Thiesse noted the hardcover down by the lake was also not removed. Schoenzeit stated a lot of people would love to have a boathouse and a deck or patio down by the lake. Thiesse stated the applicants need to demonstrate a practical difficulty. Leskinen stated given the location of the property on Bohns Point and the lack of on-street parking, someone could see that as a practical difficulty. Thiesse noted this is one of the smaller lots on Bohns Point. Thiesse moved, Olson seconded, to recommend approval of Application No. 16-3814, Alexander Design Group on behalf of Peter and Melissa Santrach, 1700 Bohns Point Road, granting of a hardcover variance and an average lakeshore setback variance. VOTE: Ayes 3, Nays 2, Schoenzeit and Lemke opposed. ------~----------;;,,,------·--------=- 7. LIGHTING Barnhart noted the Planning Commission ed this proposed text amendment on a number of Page 20 of 32 ( r NOTICE OF PLANNING COMMISSION ACTION Council Exhibit B CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Kathryn Alexander Alexander Design Group 401 E. Lake Street Wayzata, MN 55391 Kathryn@a lexanderdesigngroup.com Kristy@alexanderdesigngroup.com TYPE OF REQUEST: Variances DATE OF MEETING: March 21, 2016 ZONING FILE: 16-3814 DATE OF NOTICE: March 29, 2016 COPIES: Peter & Melissa Santrach 222 Hennepin Ave. S. Apt. 407 Minneapolis, MN 55401 psantrach@yadasystems.com The Orono Planning Commission voted on a motion to approve the average lakeshore setback variance request and the hardcover variance request. VOTE: 3 FOR 2 AGAINST Applicant's next meeting is scheduled as: Monday, April 11, 2016 This is a City Council meeting. The meeting begins at 7:00 PM The application will be brought forward to the City Council noting the 3-2 Planning Commission vote resulted primarily from the issue of the hardcover variance request, as there appeared to be unanimous support for the average setback variance. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have quest ions, please contact Mike Gaffron at mqaftron@ci.orono.mn.us or 952 .2 49.4622 . MINUTES OF THE ORONO..£LANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. 6. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHNS POINT ROAD, VARIANCE, 7:24 P.M. -7:52 P.M. Peter and Melissa Santrach, Applicants, were present. Gaffron stated the applicants are requesting average lakeshore setback and hardcover variances in order to construct a new residence on the property located at the very south end of Bohns Point. The property is fairly small compared to other properties in Bohns Point and consists of two-thirds of an acre in a one- acre zone. The new residence would be larger than what currently exists while the driveway would be made smaller. Due to the current narrow configuration of the driveway, it is difficult for cars to tum around. A small portion of the existing house is located 65 feet from the lake, while the entire new house is proposed to meet the required 75-foot lake setback. However, because the adjacent property to the south is vacant, the required average lakeshore setback is defined by the setback from the lake of the adjacent house to the north, which is 115 feet from the lake. The majority of the properties along the east side of Bohns Point are much deeper than the applicants ' property and, as a result, the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115 foot setback, the applicants' property will have a buildable envelope of 25 to 40 feet in depth and 120 feet in width, potentially resulting in a long, narrow home stretching from side lot line to side lot line and likely not in character with the neighborhood. Staff feels the average lakeshore setback variance is reasonable given the building envelope. Gaffron noted the deck down by the lake as well as a patio will remain. In addition, the applicants are requesting a variance to allow 27 .2 percent hardcover where only 25 percent is normally allowed. Existing hardcover on the site is 29.0 percent. The property is located in Tier 1. The proposed hardcover on the property consists primarily of the house and driveway, with sidewalks, steps and patios accounting for the remainder. The proposed house footprint is right at the 15 percent structural coverage limit. The proposed hardcover is approximately 600 square feet over the 25 percent limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. Gaffron stated it becomes a question of how much house the applicants should be allowed to have versus the driveway and the Planning Commission should consider whether further reductions in hardcover should be made. Letters have been received from both adjacent property owners in support of the variance requests. Gaffron stated if the Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. The Planning Commission had no questions for Staff. Peter Santrach, Applicant, stated as Staff has pointed out, they would like to construct a new home on this small lot. Santrach indicated they have encountered some difficulty in designing a home that will fit on the lot as well as provide some off-street parking. Santach noted this property is accessed through the easement, which is shared by two other properties. There is no off-street parking on the easement. In addition , the road access is fairly narrow and does not really allow for any off-street parking. Granting Page 10 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. the variance would provide some relief for creating off-street parking for guests that does not block the garage. Lemke asked if they will be attempting to preserve the 18-inch spruce tree. Santrach stated he is not sure which tree he is talking about, but that they have not really talked about that at this point. Gaffron pointed out the tree on the overhead. Santrach stated he is not sure what is going to happen in. terms of final grades until the house is further along. Chair Leskinen opened the public hearing at 7:33 p .m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 7:33 p.m. Leskinen stated it appears the applicants have worked hard to design a house that fits on the lot and that the hardcover is being reduced from what currently exists . Leskinen stated she is inclined to allow a hardcover variance for the additional driveway in order to provide some off-street parking. Leskinen stated she is not sure what could be reduced to bring the hardcover down on the lot . As it relates to the average lakeshore setback variance, Leskinen stated there really is no other option for providing a useful building envelope. Thiesse indicated he is in agreement and that in his view the house should be reasonably sized given its location on Bohns Point. Schoenzeit noted this is a clean sheet and that the applicants could have a turnaround rather than a looped driveway. Schoenzeit stated the house as designed does not support a circular driveway and could be eliminated, which would bring the hardcover down to around 25 percent. Schoenzeit stated the hardcover on the lot should be in conformity on a new design. Thiesse stated the driveway will not operate the way it should if a portion of the driveway is eliminated. Schoenzeit noted other people that have come before the Planning Commission are not allowed the additional hardcover. Leskinen stated she has a concern that removing the circular driveway could pose a safety issue since there is not any off-street parking. Leskinen concurred the size of the house is reasonable for the area. Schoenzeit noted it is a 4 ,100 square footprint, which is not small, and that there should be some give and take on the hardcover. Olson asked how often it is that people are requested to reduce hardcover. Olson stated he is looking at reducing the hardcover overall. Page 11 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. Thiesse stated if it is a clean slate, the expectation is higher that everything will conform. Leskinen asked if the Planning Commissioners are concerned with the level of the hardcover for the driveway or the house footprint. Schoenzeit stated the applicants can choose where they would like to have their hardcover and that it appears some of the hardcover can be eliminated. Schoenzeit stated the City has had applicants that have had smaller lots and have complied with the regulations, and given that it is a clean sheet, he cannot support the overage. Melissa Santrach, Applicant, stated the biggest issue is the lack of off-street parking. Santrach stated if you look at the larger picture, anybody who is coming to the home has to walk a considerable distance from the street. Santrach stated for that reason they have proposed the driveway as designed because parking is also not allowed on the easement. The driveway area would facilitate access in and out of the property. Santrach stated the only other option is to reduce the size of the home. If you look at the other homes in the neighborhood, they are considerably larger, and the size of the home is consistent with what has been constructed on some of the other smaller lots in this area. Santrach stated it is difficult for people with young children or the elderly to walk that di stance to get to their house. Santrach stated in her view the additional hardcover does not seem to be asking for too much. Leskinen stated what comes to mind is that the proposed home appears to be consistent with other homes in the neighborhood but that the lot size is not consistent with the other lots. Leskinen stated she is now inclined to stick with the 25 percent but that she does not have a problem with the average lakeshore setback variance. Schoenzeit stated he would also agree with the average lakeshore setback variance but that the hardcover should be reduced by 600 feet somewhere. Leskinen noted it is not the role of the Planning Commission to redesign but that they can make recommendations. Lemke commented he sees it both ways and that the proposed hardcover is a reduction from what currently exists. Lemke stated with a clean slate, it could be brought into compliance. Gaffron stated the Planning Commission could vote to table the application to allow the applicant time to redesign his proposal or make a recommendation to either approve or deny the application. Peter Santrach stated he did not see anything in the City 's variance documents that talked about a clean sheet design. Santrach asked if the City has criteria on that that could be provided for guidance. Santrach indicated they went through a lot of work to come up with their design and that the first time he is hearing anything about a clean sheet design is tonight. Santrach asked what the Planning Commission is looking for. Schoenzeit noted the property should comply with the City's reg ulations. Gaffron indicated the property is allowed 25 percent hardcover. Page 12 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p .m. Santrach commented he has seen a number of people here tonight asking for similar variances and be approved. Santrach stated while those were not a clean sheet design, he does not see any difference. Santrach stated if he had been shown something about a clean sheet, they likely would have gone a different direction with their design. Gaffron noted the applicants' design team has gone through the variance process many times with the City and that the usual goal with a clean sheet is to have the property conform as much as possible. Gaffron stated under City Code, the property is allowed 25 percent hardcover. Schoenzeit stated because this is a clean sheet, the applicants have ample opportunity to make their design compliant, and that the amount of hardcover that is allowed should be plenty. Leskinen asked if he would prefer the Planning Commission table their application so they can redesign their proposal or whether he would like to take this discussion in front of the City Council. Santrach indicated they are not interested in tabling their application. Lemke stated the point is that the Planning Commission agrees with the average lakeshore setback variance but that they would like to see the hardcover reduced. Thiesse commented he is struggling with this one and that the hardcover is close to the limit. Leskinen stated she also can see both sides of this. Thiesse stated off-street parking is important in this situation and that any visitors to the property have to walk a considerable distance. Thiesse stated the applicants could keep the proposed driveway but reduce the size of the house. Schoenzeit stated a 4,100 square footprint for a house is not a small structure. Schoenzeit noted on the other applications earlier tonight the lots were smaller. Thiesse noted the hardcover down by the lake was also not removed. Schoenzeit stated a lot of people would love to have a boathouse and a deck or patio down by the lake. Thiesse stated the applicants need to demonstrate a practical difficulty. Leskinen stated given the location of the property on Bohns Point and the lack of on-street parking, someone could see that as a practical difficulty. Thiesse noted this is one of the smaller lots on Bohns Point. Thiesse moved, Olson seconded, to recommend approval of Application No. 16-3814, Alexander Design Group on behalf of Peter and Melissa Santrach, 1700 Bohns Point Road, granting of a hardcover variance and an average lakeshore setback variance. VOTE: Ayes 3, Nays 2, Schoenzeit and Lemke opposed. Page 13 of 21 ( Date Application Received: 2/17/16 Date Application Considered as Complete: 2/17 /16 60-Day Review Period Expires: 4/17 /16 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Mike Gaffron, Senior Plann~ March 15, 2016 #16-3814, Alexander Design Group o/b/o Peter & Melissa Santrach, 1700 Bohns Point Road Variances Public Hearing Application Summary: The applicants request average lakeshore setback and hardcover variances in order to construct a new residence to replace the existing residence. Staff Recommendation: If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. Zoning District: LR-18, One Family Lakeshore Residential, 1.0 acre/140' min. width Lot Area/ Width: 27,210 s.f. (0.62 acre), 165' wide at OHW, 152' at 75' lake setback line List of Exhibits Exhibit A. Exhibit 8. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Background Application & Request Narrative Existing & Proposed Surveys Existing & Proposed Highlighted Site Plans Proposed Building Plans Practical Difficulties Documentation Form Submitted Hardcover Calculations Photos Plat Map Property Owners List Adjacent Owners Acknowledgements & Letters of support The applicants have owned the property for approximately one year and propose to remove the existing residence and construct a new home on the site. A small portion of the existing house is located 65' from the lake, while the entire new house is proposed to meet the required 75' lake setback. However, because the adjacent property to the so uth is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent house to the north, which is 115' from the lake, hence a variance is requested . Additionally, applicants are requesting a variance t o allow hardcover at a l evel of 27.2% where only 25% is normally allowed. Existing hardcover on the site is 29.0%, so the proposal is a reduction of 1.8% or 495.s.f. Council Exhibit C Date Application Received: Z/17/16 Date Application Considered as Complete: 2/17 /16 60-Day Review Period Expires: 4/17/16 ( To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administra~tor From: Mike Gaffron, Senior Planner Date: March 15, 2016 Item 6 Subject: #16-3814, Alexander Design Group o/ib Pe~r & Melissa Santrach, 1700 Bohns cJ. Point Road 0-7-t ( I '1 :. . ~ ~iJJ -Variances \ V q ? ~ Public Hearins /l;f P'2-.:::> -V J\l QI{ S ·. ,, e,i»~• Application Summary: The applicants request average lakeshore setback and hardcover 4 variances in order to construct a new residence to replace the existing residence. Staff Recommendation: If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. Zoning District: LR-18, One Family Lakeshore Residential, 1.0 acre/140' min. width Lot Area/ Width: 27,210 s.f. (0.62 acre), 165' wide at OHW, 152' at 7S' lake setback line List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. ExhibitG. Exhibit H. Exhibit I. Exhibit J. Background Application & Request Narrative Existing & Proposed Surveys Existing & Proposed Highlighted Site Plans Proposed Building Plans Practical Difficulties Documentation Form Submitted Hardcover Calculations Photos Plat Map Property Owners List Adjacent owners Acknowledgements & Letters of support The applicants have owned the property for approximately one year and propose to remove the existing residence and construct a new home on the site. A small portion of the existing house Is located 65' from the lake, while the entire new house is proposed to meet the required 75' lake setback. However, because the adjacent property to the south is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent house to the north, which is 115' from the lake, hence a variance is requested. Additionally, applicants are requesting a variance to allow hardcover at a level of 27.2% where only 25% Is normally allowed. Existing hardcover on the site Is 29.0%, so the proposal is a reduction of 1.8% or 495.s.f. LOT ANALYSIS WORKSHEET (Variances noted in bold type) LR-18 Zoning District Required/ Allowed Lot Area 1.00 ac. minimum Lot Width 140' minimum Proposed New Residence Street Setback 30' Left (North) Side Setback 10' Right (South) Side Setback 10' Lakeshore 75' Average Lakeshore Setback 115' Structural Coverae:e: Total Lot Area Total Structural Coverage 27,210 s.f.± (0.62 acre) Allowed: 15.0% {4,082 s.f.) FILE #16-3814 March 15, 2016 Page 2 of 5 Proposed 0.62 ac existing 152' -165' existing 30' 20.1' 31.2' 76' 75' Proposed: 14.99% (4,080 s.f.) Hardcover Calculations: Stormwater Total Area Overlay District in Tier Allowed Hardcover Tier Tier 1 27,210 s.f. 6,803 s.f. (25 %) APPLICABLE REGULATIONS 78-330: LR-18 Lot Standards & Setback Regulations. 78-1700: Tier Hardcover Standards Governing Regulations: Variance (Sec. 78-123). Existing Hardcover Proposed Hardcover 7,895 s.f. (29.0 %) 7,401 s.f. (27.2 %) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): ( ( LOT ANALYSIS WORKSHEET (Variances noted in bold type) LR-1B Zoning District Required/Allowed Lot Area 1.00 ac. minimum Lot Width 140' minimum Proposed New Residence Street Setback 30' Left (North) Side Setback 10' Right (South) Side Setback 10' Lakeshore 75' Average Lakeshore Setback 115' Structural Covera~e: Total Lot Area Total Structural Coverage 27,210 s.f.± (0.62 acre) Allowed: 15.0% (4,082 s.f.) FILE #16-3814 March 15, 2016 Page 2 of 5 Proposed 0.62 ac existing 152' -165' existing 30' 20.1' 31.2' 76' 75' Proposed : 14.99% (4,080 s.f.) Hardcover Calculations: Stormwater Total Area Overlay District in Tier Allowed Hardcover Tier Tier 1 27,210 s.f. 6,803 s.f. (25%) APPLICABLE REGULATIONS 78-330: LR-1B Lot St and a rd s & Setbac k Regulations. 78-1700: Tie r H ard cover St andards Gov e rning Regu lations: Va riance (Sec. 78-123). Existing Hardcover Proposed Hardcover 7,895 s.f. (29.0 %) 7,401 s.f. (27.2 %) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code . Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd . 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary u se of a o ne -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): FILE #16-3814 March 15, 2016 Page 3 of 5 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the LR-1B district. The average setback variance if granted would appear to preserve lake views enjoyed by adjacent homeowners. Hardcover will be reduced from its existing level. 2. The variance is consistent with the comprehensive plan. The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls. The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. b . There are circumstances unique to the property not created by the landowner. The plight of the property owner with respect to the average setback variance due to the existing location of the adjacent principal structure on the lot to the immediate north, which is located further from the lake than the minimum 75 foot setback; applicants' property does not extend landward far enough to meet the average setback. This circumstance is inherent to the lot and was not created by the landowner. The hardcover variance request is a function of the substandard lot size and the applicants' desired house size and driveway layout; and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by replacement of the existing residence in the manner proposed. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The average setback that applies to this property is unique and unusually lengthy due to the location of the home on the adjacent property to the north. The 25% hardcover limitation applies to all Tier 1 residential properties located at the lakeshore and is not peculiar to this property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, the existing location of the neighboring residence building makes it difficult to replace the applicants' home in a location appropriate for the property while meeting the conditions imposed by the City ordinance. 6. The granting of the application is nece ss ary for the preservation and enjoym e nt of a substantial property right of the applicant. In the opinion of staff, granting of the average setback variance is necessary to preserve the property rights of the owner to build a new residence on the property. While granting of the hardcover variance is not essential to maintaining the property owners' rights to have a home on the property, the variance would assist in providing for off-street parking since the shared driveway serving as access to the property is not wide enough to provide for on-street parking. ( ( FILE #16-3814 March 15, 2016 Page 4 of 5 7. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the average setback variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Granting of a hardcover variance may be justified by resulting in a reduction of hardcover from existing levels and in order to provide for off-street parking. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the average setback variance is necessary to solve a practical difficulty. Granting the hardcover variance might be construed as merely a convenience to the applicant, since a new home could be developed on the site without a variance, but the variance would assist in providing for off-street parking where on-street parking is lacking. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance . No variance shall be gran t ed or changed beyond the use permitted in this chapter in t he district where such land is located. Analysis -Average Lakeshore Setback Variance Because the adjacent property to the south is vacant, the required Average Lakeshore Setback is defined by the setback from the lake of the adjacent home to the north, which is 115' from the lake. That neighboring property as well as most of the properties along the east side of Bohn's Point are much deeper than applicants' property, and as a result the neighboring homes are set back at least 100 feet or more from the lake. Absent a variance to the 115' setback, the applicant's property will have a buildable envelope of 25' -40' in depth and 120' in width, potentially resulting in a long narrow home stretching from side lot line to side lot line, likely not in character with the neighborhood. A critical factor in whether an average setback variance is appropriate is whether granting the variance will negatively impact existing views of the lake enjoyed by neighboring property owners. It appears that a majority of lake views for the adjoining home are directly toward the lake, not across applicants' property, and existing evergreen screening between the two homes provides a visual barrier. Further, the northerly portion of the new proposed residence will be set back from the lake approximately 10 feet further than the existing house, so that any neighbor views that do exist will be opened up further. Analysis -Hardcover Variance Per the highlighted site plan (Exhibit C) and the proposed hardcover calculation worksheet (Exhibit F) proposed hardcover on the property consists primarily of the house and driveway, with sidewalks, steps and patios accounting for the remainder. This is one of the smallest lots on Bohn's Point. The proposed house footprint is right at the 15% structural coverage limit. Proposed hardcover is approximately 600 square feet over the 25% limit. This amount is approximately equal to the area of the portion of driveway north of the garage apron, which provides for the loop access and entry sidewalk. Compared to the existing residence and driveway, the footprint of the proposed home is about 400 s.f. larger and the proposed driveway is about 400 s.f. smaller. The proposed hardcover decrease is accounted for in ancillary hardcover such as decks, sidewalks and stairways. While a reduction from the existing 29.0% to 27.2% is positive, Planning Commission should consider whether additional reductions are appropriate. If the lack of nearby on-street parking and the relatively small (compared to the FILE #16-3814 March 15, 2016 Page 5 of 5 neighborhood} lot size are practical difficulties justifying the hardcover variance, then approval may be in order. Practical Difficulties Statement Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit E, and should be asked for additional testimony regarding the application. Neighbor Comments Applicants have provided letters from both adjacent property owners in support of the variance requests . Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, if granted, will not alter the essential character of the neighborhood? 3. If the Planning Commission concludes that the variances as requested or in some other manner or configuration are justified, does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the variances? 4. Are there any other issues or concerns with this application? Staff Recommendation If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. If Planning Commission finds that the practical difficulties test is not met for one or both variances, a recommendation for denial, or tabling for revisions, may be appropriate. Options for action include: 1} Recommend approval (with or without specific conditions}. 2) Recommend denial, stating reasons. 3) Table for further information or revisions -specify what information or changes are desired. 4) Other. r CITY OF ORONO VARIANCE APPLICATION PC Exhibit A Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P .O . Box 66 Crystal Bay, MN 55323-0066 Application# l {p-~ ~/ 4 Date Received: () Z-I f2 I v:, Staff : f.1 ~,{ tU----0 Fee: $700 ~-c---------R en e w a I: $350 ~---,-------After-the-fact: $1,400 Double Fee Escrow Fee: $700 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: SiteAddress: 000 ~oH105 fl. ~(.:). Property Identification Number (PIN): l l;,-10 -:z_~-'2.. '"'2--00~ Date Property Acquired (month/year): :3...--z..o15 D Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION : (Complete legal names and marital status required for each interested party) Name: A~oee---~ ca:1?0Q12 -~u b , Phone: CS--Z--:ib -~7 Alternate Phone: {,q l '2....::414-'?--Z... 7 <.e Complete Address: E:. ~-, City, State & ZIP ~ ~ ~b °I ( Email : ~%0-fn @ ~~d~f~f\~f-0 Fax: c;y S 2-4c ~-8'1-~7.. t(v'~~tt\ @c:c\-.e,¼1.,~.e.~~crzS nJVf •U>~ • LCM--) OWNER~ORMATION: (Complete legal names and marital status required for each interested party) Name: . ,.....-(2,11:,L += (\,\,e u~ c;. A; SA-N,Cl.Ac.-l:r Phone Ca S \ -)u"?, -") ~\ o Alternate Phone: Complete Address: -z.·2.:2.. \-\9:N&tX\N fw'i,. S~'-'Tt\ frf'T 197 (:_ City,_State&ZIP ~N~~> tl\.""1~~01 Email: q:?':?Cv\-1:~h~-z~M-\ c~ Fax: ----------- DESCRI PTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): ~ = ~~u~B: Packet Last Updated: August 2015 Page 11 # 3814 RECEIVED FER 1 7 2016 CliV OF ORONO REQUIRED SUBMITT ALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable ,.er □ Variance Application Fee ,er □ Escrow Aareement, sianed and Fee z □ Pre-Application Form __.,.Er □ Variance Application Form .z □ Practical Difficulties Form ....E3 D Certified Prooertv Owners List _...a-□ Survev (meetina ALL reauirements) ...e-□ Proposed Plans Ja-D Hardcover Calculations □ □ Septic System Site Evaluation Reoort □ □ Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD statina no permit is reauired □ □ Adiacent Prooertv Owners Acknowledaement ~ □ Data Privacv Advisorv Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are sole ly responsible f or submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it i s complete or to recommend the request fo r denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. o The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant a nd/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. . Applicant's Signature: Applicant's Signature: ------------ Owner's Signature: Owner's Signature: Packet Last Updated: Augus t 2015 Page 12 Date: Date: # 3814 RECEIVED FEB 1 7 2016 CITY OF ORONO February 17, 2016 Melanie Curtis, City Planner Planning and Zoning Department 2750 Kelley Parkway Orono, MN 55356 Peter and Melissa Santrach 222 Hennepin Avenue South, Apt 407 Minneapolis, MN 55401 Re: Variance Request for 1700 Bohns Point Road We purchased this property last year for the purpose of constructing our new home. The existing structure would be demolished. We have spent nearly a year in the design phase of this project, including many hours on-site taking in the natural beauty of the land, watching the movement of the sun, and imagining our lives in a home that will be uniquely ours. This home site certainly has some challenges in shape, size, and grade, yet we fee l that it has great potential given its location on Bohns Point, with its stunning view of Crystal Bay and the Arcola Bridge. With the approval of two variance requests, described below, our new home will be appropriately sized and placed, designed with j ust the right blend of character and timelessness, and meet or surpass the intent of all regulations now in place. Enga ging the help of a highly regarded professional design team is of the utmost importance to us as we build our new home. The Alexander Design Group is providing t heir nationally-recognized desi gn services, along with their proven experience with projects in this area of similar size and scope. Based on the recommendation of our design team, we are requesting an Average Minimum Building Setback (AMBS) fine variance and a hardcover variance. Average Minimum Building Setback line Variance The property as it exists today has a house on only one side, making it difficult to get a fair Average Minimum Building Setback line. In using just t he one dimension, the setback line cuts deeply into the property, resulting in very little buildable depth. We are proposing a house that meets all the other setback requirements. The house meets the 75' lakeshore setback and the 30' street setback. It also generously meet s the 10' side se tbacks, with the north setback at 20' and the so uth se tback at 31'. The house is designed to be more "compact" on the lot -which, while more energy-efficient, also allows more softscape on the sides of the house. This parcel is actually quite private, as it is essentially surrounded by trees. Sightlines are naturally impacted to a certain degree for all three properties by vegetation on bot h sides of our property, as shown on the survey. The impact of the new home on t he lake vi ew s of the property to the north will, in fact, be improved due to the fact that the new home's northeastern corner is approximately 25' farther # 3814 RECEIVED FEB 1 7 2016 CITY OF ORONO ( back from that same corner of the existing house. Note that there is currently no house on the southerly lot. But because the new house is set back much further from the southerly property line (31'}, viewing from a possible house on that lot would also be improved over what the existing house afforded. Th us, while we have sited the house to optimize our views, it actually improves the potential sight line s of t he neighboring parcels. Hardcover Variance As you can see from the attached site plan, the increased southern setback will also serve to facilitate water drainage from the high point of land just past the southwest corner of our property. Water w ill flow more naturally from the back of the property to the la ke, thereby minimizing the threat of erosion and lake contamination. There is also a heavy tree line on the west side of the easement forcing us to look closely at ingress, egress, and parking needs . Because parking is not permitted along the easement, and the easement is a fair distance from the public street, we need add itiona l driveway space for the convenience of guests. We must be able to graciously welcome elderly relatives, families with young children, and guests visiting on cold and rainy nights. Keep in mind that the current hardcover on the property is 29.02%. We are reducing it to 27.2%. Also please note that we are moving the new house farther back from the lake than the existing house. A section of the existing house now sits only 65' from the la ke, and we are proposing the new house at 75' or more from the lake . We are meeting all other massing, height, and structure codes. We would ask that you give t houghtful consideration to the hardships of this site and our variance request. Respectfully submitted, ----/'- ----, / I I ~ : ~ ... 7 \_.,,,:. ' <:"_ . ;.,,, .... . ~'· ;;. ., ........ Melissa & Peter Santrach # 3814 RECEIVED FEB 1 7 2016 CITY OF ORONO \ \ \ \ \ \\ \ I , \\ \\ \ \ I\ ·, \\ \ I I \ \ \ \ I \ I \ ' I I 11 \ \ I I I \ \\ I I II I \ \ \ I I ' ~ I \ \ 11 I \ \ I I I 20' SEWER EASEMENT \ ·, J \ II PER DOC NO 862120 •• ,· ... ... • \ \ /'t i~ I \ i ' I \ I H', ,f \1 \ I :_\:;::.-1 A \ t .. ·······[~~~~~~~~i~ER L.C)T ( CERTIFICATE OF SURVEY FOR PETER & MELISSA SANTRACH (957.7) IN LOT 3 , AUDITOR'S SUBDIVISION NO. 349 HENNEPIN COUNTY , MINNESOTA (IJII.J) -/' \ ...... 1·· ---...--/;it ·········.:.:_·, --_ _.,..-I J I -'~·•) 1 ! 1 1 I I EXISTING HOUSE _ _.,.. • .---I --~I\ _.---/---l ,, .,,,.,.... .. ...-,.,.,,-I ', .-.,,,.-/ " ·: / ' ---/ --t"' :. '/ ............ ---/\ 0 \ t,... ', / 1-/ ..._ ..._ / / ............ ....... ...... ,,,✓ ,,,1 ............... ..... ..... ,,,✓ / .......... ..... ..... / / .......... ..... ..... ~ ..... ..... ,,,1 ·•..... .....,,, ..... }-. / ···· .. SO\JTHEAS TERL Y LINE Of "-1-Bs r,-'- / LOT 11. AUO. SUB. NO. J49 '-'......_ \ '-..,_ ,/ .......... \ ..... ,~ ...... ·••. ......~ '~·· "'·• .. '-.,,_ (9511.8) .,.., I I I I I I I I <~•> I I I I / 1 -, _ __..9f>II -I I I I // / / j I / / II ~ I I / / I \ I I I ~ I \ I ,--. / •• / !J.1 i l \ / i / _/ I I , .• '-·-'('!!;-.... / \ I / ,I £.I I \ 77c#',/+' '4 7 / .,,<"",). \ .\, .... N I I ,. • ..,... " \ \ :.-•IJ,\"}..':-'. ....... 963.1 ' LAKE ............... '~··,.......... ~ / ,, \ .....,......, __ -20 0 20 S C A L E I N 40 6 0 F E E T "' "' :;:i PC Exhibit B -I "' ~ ~ u w J , .... ,) '1 ..... ,,:---... \. ............. .. ' ' '\ r , .... >.1 \ \ ., .\ ; MINNETONKA 0 0::: ··r· ' 15--045 ',,, ',\~4•~'.t· ¥ ,•,"'·.. l \ ·"'; ,,,,,.., ' ~ l,N -/, _.,~\'fl/;,. f \ I\ ~ 1"1! ~'' "i ,. 1 I \ I \i l"i\ ic 'f• ~, .. § I ' \ I y; "' \ ,.,,,,,.~•"''' ' \ I ~ ~,., \ ,~. -f 12· j ' \ I "\ < \ ;.,,,,,,.,J,,~)· \ \I ~ ; '·'"'"'•-\ \ ,,~ ,dt1•·J\ \ \i ~z \ ,.>-0.,('"'. \ ~ \~ I \,.,, ~ \ 'i ~ •t-~I \~ ~ I """""" BLACKTOP DRIVEWA Y (C) (1$'-t) \ \ g l '" \ I ~co\ l j,..3:: ~\ t 57.9 C('ial£tt~E I -, ; \ ... if· ... \ .. -.,_ ......... 1 ... ,i '" 1 1 i co 1~I = , 1 1 1 i/ I ~ I • ~ J ~ \ ~ / I t, ~¥ i I ,,. I t i ~/ I <M0.1>•1.-,..--=---;:;;;:;i , 'rl ~ \ : n , ! ,, ·. i \ I 11 ·. /; ~ I ! L,/ .. ·,f\. I' ~ 1 l · ./ .. 1 ···•... 1" / l /., • ..t · ..................... s ~7°24• 42\ w I t..-.,.<f> / ,-<.._ \ I 11 _,. ' se--' J /.,.,---------r,·/,,---;OPERTY IS VACANT (~Al) / I / (NO.I}-._/ \ ..... _,.: \ \ \ 75' ~SETBACK 1 LINE I I ! I I I \ \ 162.82 ......... . ("7.1) (~I)\ #3814 CRYSTAL BAY !RECEIVED CITY OF ORONO LEGAL DESCRIPTION OF PREMISES : Tha t part af lot 3, "Auditor ' s Subdivision No. 349, Hennepin Coun t y, Minnesota" described as follows: Commencing at the po int of intersection of the Southeaster ly line of lot 1 1 i n so id Auditor' s Subd i vision No. 349 and the dividin9 line between Lots 3 and 4 in soid subdivision; thence Southeasterly along the d iv1din9 line between said Lots 3 and 4, a distance of 11 4 .85 feet t o the angle po,nt in sa id dividing lin e, said point being the actual point of beg inni ng o f t he t ract of land to be described; thence Sou t her ly along the di v iding line bet wee n said Lot s 3 and 4 , a di stance of 130 f eet; t hence East deflecting to the left at on angle of 90 degrees 14 m inutes to the share o f l oke Minne tonka; thence Norther l y along shore o f said loke 160 feet more or less to t he di v iding line be t wee n Lots 2 and 3 in said subdivisi on; t hence Westerly olorn; t he d ividing line between said Lots 2 and 3 to the angle point in lost said d ividing line; thence continuing Wester ly in o straig ht line to \he actu al point of beg inning; exce p t the Wes terly 20 feet thereof, sa id 20 f ee t being me asured at right a ngles to t he d ividing line between said Lots 3 a nd 4. Also on und ivided 1 / 18 interest in Lo t s 10 and 11, "Auditor' s Su bdiv i sion No. 349 Hen nep in County, Minnesota". Togethe r with an easement for r oad purposes over that part o f said Lat 3 , lying Westerly of t he Wes t er ly line of t he premises hereinobove fir st described and Northeasterly of a line des cribed as follows: Beginning at i nitial point of commencement o f the tract of land hereinobove described; thence Southeasterly al ong t he di v idin<;J line be t ween said Lots 3 an d 4, 1 14.85 f eet to. t he an gle point in said dividi ng line; t hence cont inuing Southeasterly on on e xtension of said dividing line to the Wes terly line of the tract of land herei nobove described and ther e ter minating, as shown i n deed Doc. No. 316624. Together with on easement for r ight of way for dri vewa y purposes over that por t of the Wes t er ly 20 feet o f said Lot 3 , lying Northerly o f the South line o f t he p r em ises hereinob ove first descr ibed and Souther ly of the line drown across said Lot 3 , from the angle poin t in the divid ing line bet wee n Lots 3 and 4 to the angle paint in the dividing line between L ots 2 and 3 in said "Aud it or' s Subdivision Number 3 49, Hennepin County. Minnesota", said descr ib ed 20 foot r ight of wa y being 20 feet wi de as measured a t a right angle to the di viding line between said Lots 3 and 4, as shown in dee d Doc. No. 316624. e: (908.J) : --91 7 ·--: de notes iron marker found deno t es existing spot elevat ion, mean sea level datum de notes existing cont our line, mean sea le vel datum Bearings shown ore based upon on assumed datum. This survey intends to s how the boundaries of the above de scribed propert y, and t he location of an ex isting house, trees, spot elevations, topogra phy, ond all v isible "har dcover " t hereon. It does not purport to sho w any other impr ove ment s o r encroachment s. NOTE: Accuracy of hardcover location, and e xtent of additional hordcover i s limit ed by ice ond snow cover . NOTE: Easement s shown ore those list ed in Title Resources Guarant y Company Title Commitmen t No . 15 -01655 dot ed 2 -3 -15. Q_ ~1 0 vi 5 w a:: EXISTING HOUSE 1 1640 (9'7.7) BLACKTOP DRIVEWAY (C) (957.8 I.I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING~ \ \ ' \ \ \ ( (11.le.3) \ \ \ \ \ \ \ \ \ \ \ (IJ0.7) \ \ \ \ \ \ \ \ \ \ :I ;: I .. I I \ 75' ~SETBACK 1 LINE \ ----i ,-.. ~ -·✓• I \ \ /.r· I J. ···········~··· ;it :fl 162.82·-········-······· I i <t \ I I \ ! \ \ \ \ (1191.1) \ (957.1) \ \ I \ \ \ \ I \ \ I \ \ I \ \ \ \ \ \ I \ I I (llil.4)•' I (807.7) EXISTING HOUSE I ,, \ . a. PROPOSED I 'I \ HOUSE !;l~---..,.-\,,400 'I / .......... "L V.,.! (A) ..... A \_:, \ \ \ \\ \ \ \ \ \ '------ \ \ '- \ \ \ \ \ \ \ \\ :\ "\ '- .. ! \ su m«:E \ SURVEY 1 ~ hlNE \ \ \ ! \ ~ 75 ~ ........ (\ .162.82-······-····················· -~ ~ I \ \ \ ,, , \ \ \ ~ I ~te7. I) . : f \ \ \ I -:;.?() \ \\ ::::> \ \\ \ I l \ I I I I I PC Exhibit C LAKE CRY! \ \ \ \ \ I\ \ I • I\ \ CERTIFICATE OF SURVEY FOR I \ \\ \ I \ I \ I I · I I I PETER & MELISSA SANTRACH \ \ \ I I ' I I I I \ I I I \ \ 11 I I II I IN LOT 3, AUDITOR'S SUBDIVISION NO. 349 HENNEPIN COUNTY , MINNESOTA I \ I I I ' l I \ ti I \ \ I\ I 20' SEWER E.ASEME!<T \ ' I \ I PER ooc. NO. 862120· ... i ......... \ .... I I II i /\ r~ .... \/ \ / \ / L. C T ! (J _.J X I / EASEMENT FOR GAS MAt<S OVER _ _ I , \ ····-r············tor 11 PER ooc. NO. 900995 ------------------/£ ····.:1 /4 _.,,. . ...--I ----")/ \ .,,........ _... _;--I , ..... , _ _.-/ ,t ... : I ', --/ -· ·: t/ ....... ----/\ () \ (... ....... ............. / .. / ', ' ,,,,,, // ', ',, / / ', ' ,,,✓ / ', ', / / ' ' ,{_ ', ', /~. ......_ I ......_ // •·· ...• SOUTHEASTERLY LINE OF '--!.,<t.8s t, / LOT 1 ,. AUO . sue. NO. 349 "", \ ', / '-..._ I '-..._, ' ... ,. '"" EXISTING HOUSE #16-40 ( ..... ) '+······ ........ ....... '-·'.;;:--... ,,_ ~ .,11 ', ' ,.. d, L. ' ' \ ("U) ',.\ '-,•... ~ ' \ ,' ( ( ..... ).' ' ' ·1 \ i ' ' \ ' '-'-I \ i '-o 20:oi•··· '-\ \, '~ w I ih~ , o I\ I')! \ I I")\ '-\ o I "'\ ', \o I \ \ I \ ~ I \ It ~ \4• \~ \ o t1 \ ~I \ \ ~I \ I I I f l I . olti w { i \'---'9-t.-1-..-.,- 0 ).: o1', \ I . 'i' I / ,i. l/ ····:·· ······· \ fJ \ •• PROPOSED I \ \ ~qusE ,,100 \/ ' t (A) l~~~).-t········· ·1··· .. ----1,· \ ,,ii~;...... \ II \ \ \ \ \ \ \ (9JU) \ \ \ ~ ........ (\ I l ·· ..,~,_,.,.....___,, \ / I / ,: \ / I I r;;'' ', ····~ ~ll \" I 162.82······· -·· ... ~ 1 i I 1 I \ 11 1 \ I I ~ \ \ I / 1-o/·OJ \ I l/ ,_..-----%,----~---', JI I ,-/ PROPERTY IS VACANT '-, <,...> I I / ,..._,,\( l '- ......... {N-1)\ 16--048 (fl7.t) I \ I I I I I I\ \ I I I \\ \\I (~.4) I # 3814 LAKE MINNETONKA CRYSTAL BAY 929.4 CONTOUR LIi£ (O.H.W.) RECEIVED FEB 1 7 ?n m CITY OF ORONO ~t;O?Eb---.._ A-5 -~~~ PROPOSED ELEV A TIONS (per architect, veri fy) 1) Main floor = 1962.0! 2) Garage = 196 1.5! 3) Lower le vel = 195 1.0I 4) Lowes t basement = !949.9! LEGAL DESCRIPTION OF PREMISES : That por t o f Lo\ 3, "Auditor's Subdi visi on No. 349, Hennepin County, Mi nneso ta" described as follows: Commencing a\ the point o f intersection o f the Sout heas t erly line of Lo\ 11 in said Auditor' s Subdivision No. 349 and \h e dividin9 line between Lots 3 and 4 in said subdivision; thence South eas t erly along \he di v1d in9 l ine between said Lots 3 and 4, a distance of 11 4.85 fee \ to the ang le point in said dividing line. sa id point being t he actual point of beginning o f the tract of land to be described; thence Southerly along t he dividing line be tween said Lots 3 and 4, a dis tance of 130 f eet; t hence East deflecting to the left a t on angle of 90 degrees 14 minutes to the shore o f Lake Minne tonka; thence Norther ly along shore o f said lake 160 feet more or less to the di viding li ne between Lots 2 and 3 in said subdivision ; t hence Westerl y alan9 the dividing line between said Lots 2 and 3 to the angle point in lost sai d dividing line; thence continuing Westerly in a straigh t line t o t he actual point of be ginning; except t he Wes t erly 20 feet \hereof, sa id 2 0 fee t be ing m easured at right angles to the dividing line between said Lots 3 and 4. Also an undivided 1 / 18 interest in Lot s 1 O and 1 1, "Auditor' s Subdivision No . 349 Hennepin County, Minnesota". Together with on easemen t for rood purposes over that par t of sa id Lot 3, lying Wester ly of the Westerly line of the premises hereinabove f irst described and Northeasterly of a line described as follows: Begin ning at in itial point o f commencement of the tract of land hereinobove described; t hence Sou theast erly along t he dividin9 li ne between said Lots 3 and 4, 114.85 f eet t o the angle po int in said dividing line; thence continuing Southeaster ly on on extension of sa id dividing line to \he Wester ly line of the t ract of land hereinabove described and t here ter minating, as shown in deed Doc. No. 316624. Together wit h on easem en t for r ight of way for driveway purposes over \ho\ part of the Westerly 20 fee\ of sai d Lot 3 , lying Nor ther l y of the South line of \he pr emises hereinobove f irst described an d Sout herly of the line dr own across said Lot 3, from \he angle point in the dividing line between La ts 3 and 4 to t he angle poin t i n \he dividing line between Lots 2 and 3 in said "Audi t or's Subdivision Number 349, Hennepin County, Minnesota", said descri bed 20 foot right of wa y being 20 feet wide as measured a\ a r ight angle t o the di viding line b etween sai d Lots 3 and 4, as shown in de ed Doc . No. 316624. • : denotes ir on marker found (90 8 .3) : denotes ex isting spot elevation, mean sea level datum l910.8! : denotes proposed spot elevat ion, mean sea level datum --917· --: denotes existing contour line, mean sea level datum ~: denotes proposed contour lin e. mean sea level datum Bearings shown ore based upon on assumed datum. This su r vey int ends to sh o w t he boundar ies of the above described p roperty, the location of on existing hou se , to be r emoved, trees, spot ele vations, and t o pograph y, an d the proposed locat ion of a proposed house. driveway, pa t io and gr ades t hereon. It does not purpor t to show any other improvements or encroachm ents. NOTE: Accuracy of hardcover location, and extent of addit ional ha r dcover is limited by ice and snow cover. NOTE: Easement s shown or e those listed in Ti tle Resour ces Guar an t y Company Title Commitment No. 15-01655 doted 2-3-15. 1-u w -:, 0 c:r 0.. ( l ti~~ \~ ' ' ' _....;:~ ' II II 11 11 11111 [DJ Ill CTI I ~ 21Vi 'll ,1 ///,':,· - II 11 11 " " II ✓'" - =I:=' I]] I]] ill ~1~ I TT ~;µ 1~11!1 Ill II \; 1 1!\I 11 □ □ ---~ .. --.. --~ 1111 II 1 1 II H 11 ·n 11 ll II nl I I I I I I I I I= IT]] = i I [ill I I F= '== ' ----·~ ,CJ -. - '-c::::!:::::=~~· EB ~~:. .. ;,1-E VATION .... .__.__ __ ..... : 11 71 11 I I 11 11 Ill II I I PRELIMINARY PLANS ' I \--, t-1 H t-1 -,\\ ": // -' /It \I 11 11 II 11 II B u II ,' ' a 1/J i 2,V,,11'111",;.m~U1t/Att. i /////i//1/://, / /:t'/hl',\W,W/-l'-+/-,,1'/,I~ II ~ : /// I II : ///4 11 : ;nr J II'" ,/ "iJ.71 II II JI 11 1111 11 11 I ll ,\\\ --!\.\\\ D] D] Ml,l,WJ.,µ.l,l-,Jl-,µ;,L,II J,..!'l ~~\,~,\' = = ~. \ ~ \-':\ II rm "" • ~ -I I I II I! 11 11 II II II ll ti 11 11 II 1 1111 11111111 1111 11 11 l tl 11 -11 ll 1 11 11 r ll 111 ITI 11 11 \I 11 II II rn II 11 Ill 11 111 I II 1111 II II """fl II II -fl ED ~~I. .. ~EVATION ~/ I I +~--- ITIJ II i ll II ED ~:: .. ~REEN P~!-1 ELEV A TI ON #3814 PC Exhib itD ' ' r-/ :J ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' RECEIVE D FEB 1 7 ?fi '. \ ', CITY OF ORONO 401 e.,sT LA KE STF W AYZAT.a\,MS .s, Phone: 952.-+73.87' FAX: 952A7l822 ( ( ' \-~ ,, / ' ' ' ' ' ' ' ' ' ' ' , PRELIMINARY PLANS # 3814 ' ' e-> --r., ----.... -r : : I : t I : : I ! : I : : I : ! I l REC EIVED FEB 1 7 ?ni~: CITY OF ORONO 401 EAST LAKE S1 WAVZATA, MN · Phone: 952.473.8 FAX : 952.473.8: ( I I I I I I \ ,,-- / / ' ' '--- ( r-------- 1 --------7 I r----------, I I I I I I I I ) I I I I I I I I ~------------------, r I r-------------------------~ I I I I I ------ / I / / ~ --r1:--:-r=:-~--;_-;·;,_.,..,_,:::.:...;· -:---~-~-;;~~;;_;;_;;~~ STRUCTURAL COVERAGE -.WW• (MOJSE.6AR.A<:,E. PORO,,!) PRELIMINARY PLANS #3814 RECEIVE D FEB 1 7 201n CITY OF ORONO 401 EASTLAKESTI' WAYZATA. MS S~ Phont: 952.473.S'T FAX: 952.-0 3.W ( l~Ta:zt~ p~s 6H,Trc:7c::> !°~ ~VA-C-Y ~6?"-JS STRUCTURAL COVERAC.E -4'1>00• (M0.119E_G,,trR,,tr6f_f"OIIIIIO.f) PRELIMINARY PLANS / / / / / / / / / #3814 RECEIVED FEB 1 7 2016 CITY OF ORONO 401 EAST LAKE 511 WAYZATA. MN S: PhoM: 952A•73.87 FAX : 952..t,73.SZ ( I I \ r ( /''-. I '-- I '-- I '-- I '-- I '--'-- I '-- I '-- I ) I I ~~~~~~~~~--1'?=~~~--~/ ~ ~=rF==cN=~ I l~~c:=R p~s ~ l 17t==-c> 'fv\2- 'f12_\V~1 ~~S r----, I I ) I ~ / I I I ~~~~~~~~d i-------I ------\ L ______________ ~ \ \ STRUCTURAL COVERA6E • 4080• (MGU$E,. 6AIUr6E.. PQiicl.f} PRELIMINARY PLANS \ \ I I I I L / ~~~~r -\ I ( \I~~, \ ~-\ \ \ \_,_ ----\ ---------- \ \ \ \ ---- \ \ \ ______ --., _J------\ -------- #3814 ---- \ _J IRECE!VED FEB 1 7 7016 CITY OF ORONO 401 EAST LAKE ST WAYZATA, MN j Phone: 952.473.Si FA X : 9~2.473.82 ALEXANDER De.S IGN GROUP Copyright 2015 -;: --· Santrach Residence 3D Conceptual Illustration Alexander Design Group Inc. 02/16 /16 #3814 RECEIVED FEB 1 7 2016 CITY OF ORONO ( PC Exhibit E PRACTICAL DIFFICULTIES DOCUMENTATION FORM This fo rm is a required s ubmittal for ALL variance appli cati ons. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted . The difficulties must be un ique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROV E A PRA CTICAL DIFFICULTY? This form has 12 points outlin ing t he basis City staff uses to determine if practical difficulties exi st and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, yo u have the burden of proving that t he vari ance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1 . "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning C~ter." £~7~4~1<Jl:6~~"fil cotJ-fo~I~ ,::::::r-BWK earbT ~BS u~S, 2 . "The plight of the landowner is due to circumstances unique to his property not created by the landowner." lr~~~tt1t~J?ji~ 3. "The variance, if g anted , will not alter the essential character o the locality." \/4 tJ t,.ct::_~L~ -~__; c::::: 5 . "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2 , when in harmony with this Chapter." 6 . "The Board of Appeals and Adjust ments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located ." Packe t Last Updat ed: August 20 15 ~ l? lh) ?Z?MflJ.&iJC€;, Wt:ttt~ u,u~. Page 16 # 3814 RECEIVED FEB 1 7 2016 aTYOF ORONO r 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling ." tJ )A 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining proper;ty ." Ehf. , ---~cA..lo____ __ 71!€a12Efl-~ ~ "-~~~er_ fu;,:£ I'::> Mc,,1IJll...l4"-" op Al-'?O u~ ~ equs.t~-pO'v -~~' 9. "The conditions do not apply generally to other land or structures in the district m which said land is located ." ~~]~&~£ ftlPYAe n, tire: LOT 1 O. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ~ LAca: ~~~ M'd1:i w1N~8 ~~ -rz::>OAY l ,A. ~~c:e. J"!5:» ,J~ 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 Co e ." C::,C,~ I 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficul ." P racti cal Diffic ulties St ate me nt Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Packet Last Update d: Augu st 2015 Page 17 # 3814 RECE!VED FEB 1 7 2016 CITV OF ORONO ( ( City of Orono Hard cove r Calculation Worksheet PC Exhibit F ! Property Address : / 7 LJ , ,. ~ L: ---.,, , · ( ) c o .o 0/.'h..) /V;~I ,·: . ,, .• ?/4' )/J/,./Tl(/1 ('/--(_ ----Stormwater Quality Overlay District Tier: (Circle o n e) QJ_~X-l ' Tier 2 lier 3 lier 4 lier 5 Step ·t :(E.XlintJG HARDCOVER) In the followi ng table idei1fifi1 ii"II Tterns of existing ha rd cover on the property, keyed by letter to Certificate of Survey (s urvey must accornpa ny t11is form). Use as many lines as necessa,y to accurat ely depict existing hardcover status of the pr operty. For T ier 1 propert ies , identify any feat ures by l etter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key t o Hardcover Item {Describe} Length x Width I Total ' Su r vey ; {Square Feet) (Examolel (Geraoo' 124· )den 1720 .S .F .l (\ ,.... llq//';'.:;.' 3<-:1/5 S.F . B ,£' ,:· r I( __ ;· 70 U,lfCJ'r + ?t.~ r 1 .. 1-• .''J', ' ·' L/?R S.F. C ~~IVE W A '7' Z35>o S.F. D f? ("-7" / i l!r' h!✓r: ".,u ,U: .. {.., ,:~.'-> ,:-~, ... , <1r r": ,:: £)-/:,· ;• /".. f. Zlo S.F . E r /), C. A P/1. t;,A,,. 't S S.F . F I lt.,IA t..l( -1-f7 0 a/) 12 1/ S.F . G Co,,ur -rr A _, r· L.L/A '::"' I J., 7 S.F. H l /}C({< 1-f"Tf-"l'J .r· _r·.,,.: / ;i ;.: i-~ /37 S.F. I C tJ ,vC. _,r;>4 r,-o ! 7 5E? S.F. J ! /1~ I (I< /J ' :.'[) ! 1:JS S.F . I< IN? I<: f.: ~~)/,..._lt' I 1 2 2 S.F. L i ~vc:,1 ,.1 Ale,, t,1 ~·· 1-< 8 S.F. lvl i C:'J,.,r -/If T/, .. , ,I .. I': W~ l ( [ µ.,.,-· ()-If'~~-.· r .79 7 S.F. -1,1 l S.F. 0 S.F . I ! p .1 S.F. ~ 0 S.F.: R S.F. I s j S.F . ! l T I I S.F. u I I S.F . V i S.F. vv -7 ---· S.F. X S.F . y I S.F. I z : I S.F. _("I) __ Total Exi s_!i_!1g Ha rdcover Excludab le Hardcover "{See CitJ( Co;de .s ·et 7.8 -f~S~f: 8'//6 S.F . ~ -----•-· I :;-?~ r '_;;,-.. ,r 2 Zo =~:~:~ 1 ------/) ------\-J ~fT,t . ,\l.z~✓-(;' t-t.~-L...._L 01:::t.Y:.P. -·~) ·· )1--· --- ·-··-----... ----··•·•··r··----------------------·----- I I i ··-····--···---···-i--··--··------- _:~~=~~=----~-~ 1 ·-· - lj_~LJ::2.tal Excludable Hardcover - n) !\Jet Existing Hardcover [Subtract !in e (2) from line (1 )] __(42._ Total_Lot __ Area _______ _ I ·J ... S.F. -----· S.F . . --· Z2.o S .F .t ___ 7 Q "I€' S.F. j 2 l 2/0 S.F. ! Existing Hardcover Percentage -------------~----4·•·-1 _________ £_(3_) + (4 ) ] 2 'j, 0 ~ ·-o;•.J (Proposed Ha rcicoJfEGBlsleB, )anutify ~~ 2013 # 3814 FE B 1 7 2016 CITY OF ORONO ( City of Orono Hardcover Calculation Worksheet Property Address: /?o O r-;J,lliVf pr: I< O 4 tJ Prepared by: r II.. o~ ,,.; ,,.. . .. . ~ ,,. . ,.., n ,~ -r.: ,.. , _. t'· V' wy_,:-/rt,. ¢~·-•"',.·~ •t., •ef • (." 1•' ) /I /,/'J'/ I;. (' rl , Date : 2 _/5 _16." Stormwater Quality Overlay District Tier: (Circle one) (fj_~i) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: ROP OSED HARDCOVE'9 In the following tabi;'identify,"all items of proposed hardcover on the property , keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added . Use as many li nes as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features oy letter which are split at the 75' setback line and calculate hardcover square footage t I i I . separa e " or eac 1 portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feetl (Example) (Garaoe) (24' X 30') 1720 S.F.) A /-lo,,_, r ,.-(; /l r,t>' Cl J'~,,; '10 8 0 S.F. B ,/',I ,r I r, ✓• ~OF-! S.F. C #;f.tv'P/..vA 'f' ; ' 2.00~ S.F D f.J" ,'A I /,' ,,f , ✓&9 S.F. E ,1,1~-r-1;.:. .,;,.. rr~ ·,; ,· AT ,t-.'."'b: (:' Irv, r..,,,.,r·, , ..... ,,,. ~ S.F. F < /1 I f' L C-T ~•f'.1': t.. <;' /4,# o -1 )' ,"z .;;,v£" rr: 'r'1:;t,, ~ ! ?9.,. S.F G C///,Z,✓f /J .(TI r "l (E"x , ,...,,,,v,;;) 25 8 S.F. H £m1 JI" J!. r:-1 . u ./, I I ,1J ".f1"'-ac ,.,_7 (''--;,, .. " (c-.,1 rr , ,.,. hl'J. "If S.F. I J"Tt;:"P ~ .!-/..,(_./" L, ,. ; ? 411 S.F. J S.F. K S.F. L S.F . M S.F. N S.F. 0 S.F. p S.F Q S .F . R S.F. s S.F. T S.F. u S.F. V S.F. w ., S .F. X SF. y S.F. z S .F. (1) Total Proposed Hardcover 75"0 t:; S.F. Excludable Hardcover (See Citv Code Sec 78-1684): LI Ct'.>,t..,r II e -r ,.,, /,A I , ,..,~,,,-;.i /,tr. ·"' :;-.,,,.7.-;:-, ':?ti f__,f" /04 S.F. . S.F. S.F. S.F . S.F. (2) Total Excludable Hardcover I Oo/ S.F. (3) Net Proposed Hardcover [Subtract line 12) from line 11 l l 7'i C' I S.F. (4) Total Lot Area 27 210 S.F. Proposed Hardcover Percentage [(3)+(4)) 2 7. 20 % RECE!VED This is an information packet regarding Hardcover. E very effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. FEB 1 7 2016 Page 9 of9 # 3814 CITY OF ORONO OF ORONO 814 ... .., a. 00 0 Ill 0 N C -N N .c ~ 0 0 m 0 0 ....... ... ( ( 1700 Bohns Pt 1 =lt:o ,:J ~M ~ -oh CX>o -..I I ► ~ r-....:> C) -04/22/2008 z Cf) 04/17/2015 ~o 1700 Bohns Pt 2 ! ~ ,-,; °" \JJ 0 n "'11 --,I> m (X) 0 -_,I = ::0 ~ < i C) m I > -04/17/2015 11/08/2006 0 CJ') C ~ :~ \,. " ,. 04/17/2015 . ' r "11.. , ~-'Y-,•,\ _ ... ~ ... -~ ,. . -t y •... . ...l ....... ...,; :~ IHlli~I_~~:· ~ ~\ .. r--·--.Jr ' .,.,.., ~--~- •\'.,_ '-i, . \ .... , ~ ·t·· ,, "'I d ~ '•').', ; Ti >-Tv : :.:.· ~ -. .. .:;,.--. - ,, ····~' ._,} .. • ..J,.-•, .. · .. \)J m 0 CX) ~ m -0 -.J IC20 (') r--,) < rn I :tz C, m )( -:J' 4::-en C a: ;::.: G) ( 04/17/2015 't ., I , ' .3l ";• ,-,,~ ......... . :t,.=-, ... ,, A p, .-.'7 . ·••·, .~, • jl ~ . ~.;,r: #3814 RECEIVED FEB 172016 CITYOFORONO N ..., a. u, C .c 0 m 0 0 " .-1 U) 0 0 N co 0 -.-I .-I LI) .-I 0 ~ .-I ~ 0 ~-~.J. . ":'I' -' •"-.. \ . .,..\ ...,,. ,._ . ,,,,,_,,.~ -- .,. t' -~ ~ ), ) ;;.:\,, · .. . ., . ~ . ··~ ... ,,,. ••-'k:. .• ~ ~:/ , '--... ., ·, ' ' 3814 ·t G PC Exhib1 Ln .-I 0 N -I"- .-I ~ 0 ( Q <O ~ c5 ~ I'-w ..... 0 CD ~ "'-' ..... . -··~.;.c,. . •• • ..t,:'. '?}If . . . -~·· _ _, .. f ., .. . ' .. AFFIDAVIT OF PUBLICATlv1~ STATE OF MINNESOTA ) ss CO UNTY OF CARVER Charl ene Vold being duly swo rn on a n oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: The Laker, The Pioneer with the known office of is sue being located in th e county o f: C ARVER with additiona l circu lation in the co unties of: H ENNEPIN and has full knowled ge of the facts stated below: (A ) The news paper has complied with all of the requirem ents constituting qualifi ca - tion as a q ualified newspaper as provid ed by Minn. S ta t . §33 1 A.02. (B) This Public Notice was prin ted a nd pub- li sh ed in said newspaper(s) once each week, for 2 successive week(s); the fir s t in se rtion bein g o n 03/05/2016 and the last insertion being o n 03/05/20 16. MORTGAGE FORECLOSURE NOTICES Purs ua nt to Minnesota Stat. §580 .033 relatin g to the publicatio n of mo rtgage fo reclosure n o ti ces: The newspaper compli es with the conditions described in §580.03 3, subd . I , clause (I) or (2). If the newspaper's known office o f issue is lo cated in a coun ty adjoining th e coun ty where the mortgaged premi ses or some part of the mortgaged premises d escribed in the notice are located, a substantia l portion of the newspaper's circulation is in the latter county. By : D esignated A gent Subscribed and sworn to or affirmed before me on 03/05/2016 by Charl ene Vold . ~~ M MCl>i,~l~ Notary P ublic Ra te ln fonnation: (I) Lowes t classi fied rate paid by commercial users for comparable space: $15.00 per column inch Ad ID 5 16456 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on March 21, 2016, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 16-3808 Rick Denman on behalf of Casco Ventures, LLC, 3800 Cas - co Avenue, LR-1 C zoning district , requests lot area, lot width, front and rear setback variances in order to redevelop th e property. 16-3811 Landsource, LLC, 3438 Lyric Avenue, requests lot area and lot width variances in order to rede- velop a property 6,715 square feet in area and 50 feet in width where 21,780 square feet in area and 100 feet in width are required. 16-3812 Greg Reitan & Sally Neubauer, 925 Brown Road North, request approval of an average lakeshore setback variance in or- der to construct an addition on the street side of the existing home lakeward of the average lakeshore setback line. 16-3813 Dale Gustafson on be- half o f Matt Burns, 1180 Loma Linda Avenue, requests hardcover and setback variances to permit con- struction of retaining wall s within 75-feet of the OHWL of Lake Min- netonka. 16-3814 Alexander Design Group on behalf of Peter & Melissa San- trach, 1700 Sohns Point Road, re- quests hardcover, lot area, and av- erage lakeshore setback variances in order to redevelop a property 0.62 acre in area where 1.0 acre is required, partially lakeward of the average lakeshore setback line, and with 27% hardcover where 25% is permitted. 16-3816 City of Orono, Zoning Code Amendment regarding the placement of docks for public safe- ty purposes in the City. 16-3817 City of Orono, Zoning Code Amendment regarding the d efinition of Existing Grade. 15-3784 City of Orono, Zoning Code Amendment regarding light- ing regulation s for all land uses in- cluding Residential, Commercial, and Industrial. All persons w ishing t o be heard are enco uraged to attend these meetings. This is not a final agenda and is subject to change prior to th e hearings. Written comments are accepted and should be submitted to the City of Orono by March 15, 2016 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment , please call (952) 249-4620. City of Orono By: Planning Commission J eremy Barnhart, Community Development Director To be published in The Laker & The Pioneer Newspapers on March 5, 2016. Posted at: Orono City Offices Crystal Bay Post Offi ce Long Lake Post Office Navarre Post Office 3/5/16, 3LK, 3TP, March 21 Public Hearing, 516456 ( ( CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness , of the City of Orono , Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #16-3814 as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 81h day of March, 2016. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on March 2 1, 2016 , beginning at 6:30 p .m. on the matter of reviewing the following land use applications: 16-3808 16-3811 16-3812 16-3813 16-3814 16-3816 16-3817 15-3784 Rick Denman on behalf of Casco Ventures, LLC , 3800 Casco Avenue, LR-1C zoning district, requests lot area , lot width , front and rear setback variances in order to redevelop the property. Landsource , LLC , 3438 Lyric Avenue, requests lot area and lot width variances in order to redevelop a property 6 ,715 square feet in area and 50 feet in width where 21 ,780 square feet in area and 100 feet in width are required. Greg Reitan & Sally Neubauer, 925 Brown Road North, request approval of an average lakeshore setback variance in order to construct an addition on the street side of the existing home lakeward of the average lakeshore setback line . Dale Gustafson on behalf of Matt Burns, 1180 Loma Linda Avenue, requests hardcover and setback variances to permit construction of retaining walls within 75-feet of the OHWL of Lake Minnetonka . Alexander Design Group on behalf of Peter & Melissa Santrach , 1700 Sohns Point Road, requests hardcover, lot area, and average lakeshore setback variances in order to redevelop a property 0.62 acre in area where 1.0 acre is required , partially lakeward of the average lakeshore setback line, and with 27% hardcover where 25% is permitted . City of Orono , Zoning Code Amendment regarding the placement of docks for public safety purposes in the City. City of Orono , Zoning Code Amendment regarding the definition of Existing Grade. City of Orono , Zoning Code Amendment regarding lighting regulations for all land uses including Residential , Commercial , and Industrial. All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by March 15 , 2016 if possible . Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, p lease call (952) 249-4620. City of Orono By: Planning Commission RUN DATE: 09/21 /2015 38 16-117-2) 22 0002 S M ROSS & A P ROSS 1640 BO HNS POINT RD SCOTT & ANGELA ROSS 1640 BO HN$ POINT RO W A Y ZATA MN 5539 1 38 16-1 17-23 22 0003 H ENNEPI N COUNTY PROPERTY I NFORMATI ON SYSTEM (PROPERT Y O WNE RS LIST) PA SANTRACH/M A K SANTRACH 1700 BO l·INS POINT RD PETER A SANTRAC H MELISSA A KREIMER SA NTRACII 6 BENT TREE LA NORTH OAKS M N 55127 38 16-117-23 22 0004 S M HONOUR & J A HONOUR 1720 BOHN S POINT RD SCOTT M HONOUR JAMIE A HONOUR 1725 BOHNS POINT RD WAYZA TA MN 553 91 38 16-117-23 22 0006 S HONOUR/J A PARSL EY -HONO U R 1725 BO HNS POINT RD SCOTT M HONOUR JAMIE ANN PARSLEY-HONOUR 1725 BOHN S POINT RD WAYZATA MN 55391 I CE RTIFY THAT THE FACTS REPRESENTED A RE AN ACCURATE AND T RUE REPRESENTATI ON OF INFORMAT ION PAGE: I AS IT AP PE ARS THIS DATE ON T HE RECOR l"l>-<HF--~ T AND REAL ES TATE SERVICES DEPARTMENT. DATE o/,lzf /2 ;--BY: 7 # 3814 RECEIVED FEB 1 7 2016 CITY OF ORONO 23 February 2016 Alexander Design Group Attn: Kathryn Ale xander 401 East Lake St Wayzata, MN 55391 ( SUBJECT: Zoning Application #16-3814 CITY OF ORONO St re et Address: I Mailing Address: I Te lephone (952) 24 9-4600 27 50 Kel ley Parkway P.O. Box 66 Fax (952) 249-46 16 Orono, MN 55356 Cryst al Bay, MN 55323 www.ci.orono.mn.us The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 1700 Bohns Point Rd. Our preliminary review indicates that your application is complete . Your application is scheduled to appear before the Planning Commission on Monday, March 21 , 2016. The meeting begins at 6:30 p .m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date; the staff report and agenda will be made available the Friday prior to the meeting on the City 's website at www.ci.orono.mn .us . Search for the Planning Commission materials under the meeting date by following the link "Meeting Information". Please call me at 952.249.4622 or by email at mgaffron@ci.orono.mn.us should you have any questions. Sincerely, ;;;:a/_ Mike Gaffrol V- Senior Planner copies via email : Kathy Alexander Peter Santrach ( ~\ City of Orono !-;(~ __ P_re_-_A_P_P_li_c_a_ti_o_n_M_e_e_t_in_g_F_o_rm __ (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: µaA4:-)t:6 ~erJ .:; Meeting Datemme: PC Date: ____________ _ Met with: What is the purpose of a pre-application meeting ? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION : Site Address: \JOO J?otti,.Jc0 fpi t.Jj ;i:2to, Property Identification Number (PIN): l le -l l7 -:::z?:> --z::z_ -o cx::r::S Zoning District: ______ Size of Property: • tp?-2 ~ DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback ~ardcover (Tier_) □ Lot Coverage □ Lot Area ~ake/Front Yard Setback □ Lot Width □ Other: Applicant's ~ PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials : Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's initial application fee, as well as provide an escrow in the amount of Initials: $ to guarantee payment of the above. OTHER INFORMATION : *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this fonn will be compl~n staff. ~ Applicant Signature:~~ M1 Date: _____ _ OwnerSignature:h~ /2 0 ;Q = Date: z./J (g&~ RECEIVED • S I I Packet Last Updated: August 2015 Page 9 # 3814 FEB 1 7 2016 CITY OF ORONO ( ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) _ __,_fu____...u __ p,;;:;..--'-,,,..:.._,, ___ of Iv ro ~ lf/V~ J1 r, .a P. '[print name(s)J [print address] have reviewed the ~~Of for the proposed improvement or proposed use of the property located at {1D I f I 1(11 ~ /U!Jllso ~eferred to as Land Use Application No. 11.R-:s 81'/. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the propert)' or use but merely to confinn 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 If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date . ................................................................................................................................................... ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we) ':;,4,tf ~U( [print name( 8 )J have reviewed the ~ns for the proposed improvement or proposed use of the property located at /76i> Glh-M pt-also refetred to as Land Use Application No. \t.,., -; r If I (we) understand that In executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and t the proposed neighbor's project or use requires CouncU approval. Date Property Owner Date If you have any information that may assist the City in the review of this land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Packet Lest Updatr,d: August 2015 Paga15 RECEIVED MAR 15 2016 CITY OF ORONO Jamie and Scott Honour 1725 Bohns Point Road Orono, MN 55391 March~ 2016 Melanie Curtis, City Planner Planning and Zoning Department 2750 Kelley Parkway Orono, MN 55356 Re : Variance Request for 1700 Bohns Point Road We have reviewed the plans that Melissa and Peter Santrach have submitted for their new home at 1700 Bohns Point Road. We approve of their request for the necessary variances to complete the project as described . Sincerely, RECEIVED MAR 15 2016 CITY OF ORONO Angela and Scot Ross 1640 Bohns Point Road Orono, MN 55391 March 12, 2016 r Melanie Curtis, City Planner Planning and Zoning Department 2750 Kelley Parkway Orono, MN 55356 Re: Variance Request for 1700 Bohns Point Road We have reviewed the plans that Melissa and Peter Santrach have submitted for their new home at 1700 Bohns Point Road. We approve of their request for the necessary variances to complete the project as described. Sincerely, ~~ RECEIVED MAR 15 2016 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4 . If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13 .04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ~~~ ~l~"''< 5-AN~ lt- First Midde Last 2:2:2 .. tt tN N '=.-( ( l" ~V-H " <;o u'\1-\ Address Md'trJ l-A {o L.-,~ M,~ S'>" 'fu l l S I _3 u:S-S ~ l 0 City State Zip Phone 7;:~~ Signature ~ Packet Last Updated: August 2015 Page 13 # 3814 RECEIVED FEB 1 7 7.018 CITY OF ORONO PETER A OR MELISSA A SANTRACH PH. 651-631-3237 222 HENNEPIN A VE # 407 MI NNEAPOLIS, MN 55401-2480 75-509/960 20377 DATE c,=-PA~Y,=,'TO'==--='{J,,z:C....~"-----,->,,---'ql__~a~~-----------~1 $ ;;,I :0"Z). 6D rn~DER oF L O n .1 ~ 'b / . I U,17-> ~ ~ ~4b42 /!~LARS @ e?~"::' ,BF. .: Premier Bank I -·-2866WHITEBEARAVENUE•651/TT7-7700 .. MAPLEWOOD, MINNESOTA 55109 MEMO PETER A OR MELISSA A SANTRACH PH. 651-631-3237 222 HENNEPIN A VE # 407 MINNEAPOLIS, MN 55401-2480 An' .... , P remier Bank I -·-2866 WHITE BEAR AVENUE • 651/777·7700 ~ MAPLEWOOD, MINNES0TA56109 M EMO # 3814 75-509/960 20376 IREC!EIVIED FEB 1 7 2016 CITY OF ORONO M' ( RU 'DATE: 09/21 /2015 HENNEPIN COUNTY PROPERTY I NFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 16-117-23 22 0002 S M ROSS & A P ROSS I 640 BOHNS POINT RD SCOTT & ANGE L A ROSS 1640 BOH NS POINT RD WAYZATAMN 55391 38 16-117-23 22 0003 PA SANTRACH/M A K SANTR ACII 1700110HNS POINT RD PETER A SANTR ACH MELISSA A KREIMER SANTRACH 6 BENT TREE LA NORTH OAKS MN 55127 38 16-1 17-23 22 0004 SM HONOUR & J A HONOU R I 720 BOliNS POINT RD SCOTT M HONOU R JAMIE A HONOUR 1725 11OHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0006 S HONOUR/J A PARSLEY-HONOUR 1725 BOHNS POINT RD SCOTT M HONOUR JAMIE ANN PARS L EY-HONOUR 1725 BOHNS PO I NT RD WAYZATA M N 5539 1 I CERTIFY T HAT TH E FACTS RE PRESENTED ARE AN ACCURATE AND T RUE REPRESENTATION OF INFORMATION PAGE: I T AND REAL ESTATE SERV ICES D EPA RTMENT. RECEIVED FEB 1 7 2016 # 3814 CllY OF ORONO ADDRESS PIN LEGALDESC CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 : 1700 BOHNS POINT RD : 16-117-23-22-0003 : AUDITOR'S SUBD. NO. 349 : LOT 003 BLOCK 000 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS T IED TO Z ONING PERMIT 16-3814 ( APPLICANT ESCROW FEE -APPLICANT SANTRACH & MELISSA KREIMER-SANTRACH, PETER 1700 BOHNS PT RD WAYZATA, MN 55391- OWNER SANTRACH & MELISSA KREIMER-SANTRACH, PETER 1700 BOHNS PT RD WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is is s ued s hall be pe rfo rmed according to th e approved plans and s pecifications, applicable C ity approvals, a nd the State Building Code. This permit is for on ly the work described and does not grant pe rmi ss io n for additional or related work which requires separate permits. A ll provis ions of laws and ordinances governing this type of work s hall be compied w ith whether o r not specified he rein . This permit will expire and become null and void if cons truction authorized is not commenced within 18 0 days of the date o f issuance, o r if construction is s us pe nded fo r a period of 180 days at any time after work has commenced. The applicant is res pon sible for ass uring all required inspections are requested in conformance with the State Bui lding Code . T his pennit may be revoked at any time for due cause . Appli cant Pe rmitee S igna ture Da te Payment(s) CHECK Issued By S ignature 20377 1 1 :1 1111 1,11 111111 , 11 111 11 111 111 1111 111 1 *2016-00171* DATE ISSUED: 02/17/2016 TOTAL Date 2 ,500.00 2,500.00 2,500.00 I I LAND USE APPLICATION ESCROW AGREEMENT Appli cation # I l.f -3 <t I Lf AGREEMENT made this \~'ii' day of ~ , 2o_lie_, by and between jlle CITY OF ORONO, a Minnesota municipal corporation ("City") and '-8-:::yr-e ~ HEJ-1~ ~WN::-t( [a corporation -optionaij ("Owners"). Recitals 1. Owners have filed Zoning Application # I (/) -~ Bf Lf formally requesting the City to review plans for a ~JW".l;; -~ ~ located at the property addressed: t:Jn~~~ (the "Subject Property") legally described as~~ ~ ' 2. Ow ners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3 . The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW TH EREFORE , THE PARTIES AGR EE AS FO LLOWS: 1. DEPOSIT OF ESC ROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $~Oo-with the City. All accrued interest. if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESC ROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, re'!jew4g the plans, and preparing agenda packet material for City Council review of application # l {p -? ~ I . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs . the City will in turn send a bill to the Ow ners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred . 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine w hether the requirements of the project have been successfully completed and w hether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the pr oject is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn . Stat.§§ 415.01 and 366.012. :::rm~ Its: ~ Its: --------------- Internal Use Only: D Original to Finance Department D Copy to Zo ning FIie D Copy t o Street FIie Packet Last Upda ted: August 2015 Page 10 ,. i \;<. ' ' ,.,\ ,. ~ .... , ~ .- ·?,;,. ·f~ I ' ~-- 04/17/201 5 \~ \ '\ ' l( r-~ .. '. ' '· J #3814 RECEIVE D FEB 1 7 20 16 CITY OF ORONO H ( Hennepin County Locate & Notify Map PC Exhibit H Provided By : Resident and Real Estate Services Department 08-117-23 -44 (24) 17-117-23-11 - (13) (11) 17-117-23-11 Buffer Size: 150 feet Map Comments: 1700 BOHNS POINT ROAD ORONO MN 55391 16-117-23-22-0003 (7) (8) (1) 09-117-23-33 16-117-23-22 16-117-23-22 RECEIVED FEB 1 7 2016 CITY OF ORONO Date: 9/21/2015 0 60 120 240 ft I I I I I I I For more information contact: H en nepin County GIS Divisi on 300 6th Street South Minneapolis, MN 55487 gis.i nfo@hennepi n.us # 3814 1ocuy rec,-a.aui:D Use Averyf'J Template 5160® 38 16-1 17-23 22 0002 SCOTT & ANGEL A ROSS 1640 SOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0003 PETER A SANTRACH MELISSA A KREIMER SANTRACH 6 BENT TREE LA NORT H OAKS MN 55127 38 16-117-23 22 0004 SCOTT M HONOUR JAMIE A HONOUR 1725 BOHNS POINT RD WAYZATA MN 55391 38 16-117-23 22 0006 SCOTT M HONOUR JAMI E ANN PARSLEY-HONOUR 1725 BOHNS POINT RD WAYZATA MN 5539 1 hiquettas fadles c\ peler Utlllsez le gabarit AVERY9 5160® i I J I I I J A -feedPaper - I Bend along fine to 1 expose Pop-up Edge™ j #3814 • Sens de chargem ent I Repllez A la hachure afin de I rtv61er le rebord Pop-up™ l . I AVERY® 5960™ : ! PC Exhibit I RECEIVED FEB 1 7 ?n1R CITY OF ORONO www.avery.com 1-800-GO-AVERY PC Exhibit J ADJACENT PROPERTY OWNERS• ACKNOWLEDGEMENT FORM I (we) _--,_;f.u~-«---1P.;;.....c.f~t ___ of Iv f',d ~ti If /Vf tr, fo P. '[print name(s)) [print address] have reviewed the ~nf for the prope>sed improvement or proposed use of the property located at /1D I /! I /flJ ~ ,u/J!lso referred to as Land Use Application No. HR -s RIV. r . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to deaare approval or d isapproval of the property or use but merely to confinn tor the C ity CounciJ 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 tf you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning O ffice at least 1 O days prior to the scheduled meeting date • ................................................................................................................................................... ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) ~ eotf ~U{ [print name(s)J of I 7 ~ S-£, h.ris /'~ f!ci' [print address] have reviewed thePl'ns for the proposed improvement or proposed use of the property located at 17~1> e!":T>S pt also referred to as Land Use Application No. \l,.,c --z.,. g If I (we) undefstand that in executing this acknowtedgement, I (we) am (are) not asked to dedare approval or disapproval of the property or use but merely to confirm for the C ity Council that I (we) am (are) aware of the i m~ement plans and the proposed neighbor's project or use requires Council approval. Date Property Owner Date If you have any information that may assist the C ity In the review of this Land Use Appllcatlon, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. F'ege15 Angela and Scot Ross 1640 Bohns Point Road Orono, MN 55391 March 12, 2016 Melanie Curtis, City Planner Planning and Zoning Department 2750 Kelley Pa rkway Orono, MN 55356 Re : Variance Request for 1700 Sohns Point Road We have reviewed the plans that Melissa and Peter Santrach have submitted for their new home at 1700 Sohns Point Road. W e approve o f their requ est for t he n ecessary va riances to com p let e the project as described. Sincerely, fl,u~ Jamie and Scott Honour 172S Sohns Point Road Orono, MN 55391 March lP, 2016 Melanie Curtis, City Planner Planning and Zoning Department 2750 Kelley Parkway Orono, MN S5356 Re: Variance Request for 1700 Sohns Point Road We have reviewed the pl ans that Melissa and Peter Santrach have sub mitted for their new home at 1700 Sohns Point Road. We approve of thei r request for the necessary varia nces to complete t he project as described. Sincerely, -~---·· ' " \ " \ (957.7) EXISTING HOUSE \ (NU) \ \ \ \ "\ \ ' ' \ ' " t--.PR(ilf'OSED' Sl.T rENCE ", SURVE Y blNE \ \ ' ' -\ ~ \. 162.82····"·••"" ................ ~ ~ ~ \ / \ \ \ "' \. \ \. \ ' PROPERTY IS VACANT \" ....... (1158.1)) (167.1) \ \ I ~ \ I I \ \ \ \ \ \ \ \ I \ \ I \ I I 1 1 I LA KE MINN ETO NKA CRYS TAL BAY PROPOSED ELEVATIONS {per archit 1) Main floor = !962.0I 2) Garage = 1961 .51 3) Lower level = !951.0I 4) Lowest basement = !949.9! LEGAL DESCRIPTION OF PREMISES : That part of Lot 3, "Auditor' s Subdi vision No. 349, Henne1 described as follows: Commencing at the point of intersect tine of Lot 11 in said Auditor' s Subdivision No. 349 and t Lots 3 and 4 in said subdivision; thence Southeasterly alon between said Lots 3 and 4, a distance of 114.85 feet to dividing line, said point being the actual point of beginning land to be described; thence Southerly along the dividing lir 3 and 4, a distance of 130 feet; thence East deflecting t< of 90 degrees 14 minutes to the shore of Lake Minnetonk shore of said lake 160 feet more or less to the dividing I 3 in sai d subdivision; thence Westerly olon9 the dividing line and 3 to the angle point in lost said dividing line; thence c a straight line to the actual point of beginning; except the thereof, said 20 feet being measured at right angles to th said Lots 3 and 4 . Also on undivided 1 / 18 interest in Lots 10 and 1 1, "Audit Hennepin County, Minnesota". Together wi th on easement for rood purposes over that p< Westerly of the Westerly line of the premises hereinobove Northeasterly of a line described as follows: Beginning at in commencement of the tract of land hereinabove described; along the dividin9 line between said Lots 3 and 4, 114.85 point in said dividing line; thence continuing Southeasterly o of said dividing line to the Westerly line of the tract of lo described and there terminating, as shown in deed Doc. No Together with an easement for r ight of way for driveway 1 part of the Westerly 20 feet of said Lot 3 , lying Norther!) line of the premises hereinabove first described and SouthE drawn across said Lot 3, from the angle point in the divid Lots 3 and 4 to the angle point in the dividing line betweE in said "Auditor' s Subdivision Number 349, Hennepin Count, said described 20 foot right of way being 20 feet wide as r ight angle to t he dividing line between said Lots 3 and 4, deed Doc. No. 316624. • : denotes iron marker found (908.3) : denotes existing spot elevation, mean sea lev LI) l "\ \ "\ "\ "\ "\ "-"\ '"\ "-"\ "\ \ (91U) EXISTING HOUSE \ \ \ \ \ L. (9'17.7) ············•·•····"•""" ., ··,. / 'v I I : \ ~9USE #1700 ' I ; . J·-' (A) '\ '\ "\ " "\ " "\ ····· .. :ti! 162.82-......................... ~ "( i \ / \ \ \ \\ I (167.1) \ \ \ ~ \ \ \ \ \ \ PROPERTY IS VACANT "-, \ \ \ \ \ \ \ \ I '- ("8.1)'\ \ I \ I I I (1161.4) ' LAKE MINNETONKA CRYSTAL BAY PROPOSED ELEVATIONS (per archi tect, veri fy) 1) Main floor = I 962.0I 2) Garage = !961.51 3) Lower level = !951.0! 4) Lowest basement = !949.9! LEGAL DESCRIPTION OF PREMISES That port of Lot 3, "Auditor' s Subdivision No . 349, Hennepin County, Minnesota" described as follows : Commencing at the point of intersection of t he Southeasterly line of Lot 1 1 in said Aud itor' s Subdivision No. 349 and the dividin9 line between Lots 3 and 4 in said subdivision; thence Southeast erly along the div1din9 line between said Lots .3 and 4 , a distance of 114.85 feet to the angle point in said dividi ng line, said point being the actual point of beginning of t he tract of , land to be described; thence Sou t herly along the dividing line between said L ot s 3 and 4, a distance of 130 feet; thence East deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Northerly along shore of said lake 160 feet more or less to the dividing line between Lot s 2 and 3 in sai d subdivision; thence Westerly alon9 the dividing line between said Lots 2 and 3 to the angle point in last said dividing li ne; thence continuing Westerly in a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at r ight angles to the dividing line between said Lots 3 and 4 . Also an undivided 1 / 18 interest in Lots 10 and 11, "Audi tor' s Subdivision No. 349 Hennepin County, Minnesota". Together with on easement for road purposes over that port of said Lot 3, lying Westerly o f the Wester ly line of the premi ses hereinobove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove described; thenc e Southeasterly along the dividin9 line between said Lots 3 and 4, 114.85 feet to the angle point in said dividing line; t hence continuing Southeasterly on an extensi on o f said dividing line to the Westerly line of the tract of land hereinabove described and there terminating, as shown in deed Doc. No. 316624. Together with on easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot 3, lying Northerly of the South line of the premises hereinabove first described and Sout herly of the line drawn across sai d Lot 3, from the angle point in the di viding line between Lots 3 and 4 to the angle point in the d ividing line between Lots 2 and 3 in said "Auditor' s Subdi vision Number 349, Hennepin Coun ty, Minnesota", said described 20 foot right of way being 20 feet wide as measured at a r i ght angle to the dividing line between said Lots 3 and 4, as shown in deed Doc. No. 31662 4. • : denot es iron marker found (908.3) : denotes ex isting spot elevati on, mean sea level datum !910.8! : denotes proposed spot eleva tio n, mean sea level datum --917· --: denot~s existing contour line, mean sea level datum ~: denotes proposed c ontour line, mean sea level datum Ao,-,,,.fr,,.,o ,-,t..-•••----L ----' EXISTING HOUSE #1640 ... , .... ,~ " (157.J) BLACKTOP DRIVEWA Y (C) (157.e I \ I I I I \ \ 1.5 I I \ ~ .. I I EXISTING .. ~ :: I 1.5 HOUSE .r \ \ I I \ \ ' \ \ !•JI.JI \ \ \ \ I \ \ \ \ \ \ <tJe.n \ \ \ \ \ \ \ \ \ \ \ \ 75 ~SETBACK I LINE \ \ I \ \ .... ;-· / i 162.a2·-······-·················· .. I ·· ~ ~ \ I I \ \ I I ~ \ \ \ \ (858.1) I (157,t) I I I I I I \ I \ \ I \ \ I I \ I I I I I (-.•)• • I tXt5171J(::> L1 EXISTING HOUSE I i i .•• (9$7.7) .<Ml5·•> I I I I I I I I I I I I l'!JU)/ ;/I I\ (.u-1) / / / I I I \ "'C-...,__-_9f>S_ I I I I \ I \ \ \ \ \ \ \ \ (tJ&J) \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -t \ \ \ \ \ ~ \ \ \ \ \ \ (030.1) \ \ \ Q. \ \ \ ~ \ \ \ II. ///JI\ // // /f ) \ \ \ \ \ \ ' "\ \ \ I I / / / ~ I \ .-. l:.( /1L_ ! \ i "; I i I f,/ I ..... j ( , I / ;·= .... / \ 1 ,I t.l I 77i>4' /4 7 , _,~11'1·1~J \ I I.. SPllJC[ \ ~ \ (1157.0 u \ \ \ \ \ \ \ I \ EXISTING .. \ \ \ \ <~JS.•}, I \ \~ 3>-·············\ (~ \1 \ i:::. 9 . ,<, .. ;,~~~ '\;,; . ..,,,- BLACKTOP DRIVEWAY (C) q ;: \ ;; \ ... \/ I \ ~ \ \ \ \ \ .. ..r· I . .. ....... •\· .... is:* 162.82·.................... I i 'T (107.t) \ I I \ \ \ I \ I I \ I I (000.1) I \ I \ \ \ \ \ I \ \ I I \ I I (9Se.♦) • • I -20 0 20 40 60 S C A L E IN F E E T LAKE MINNETONKA CRYSTAL BAY ..... .,... ...... ,_""' LEGAL DESCRIPTION OF PREM ISES : That part of Lot 3 , "Audi tor' s Subdivision No. 349, Hennepin County, Minnesota" described as follows: Commencing at the point of intersection of t he Southeasterly line of L ot 1 1 in said Auditor' s Subdivision No. 349 and the dividin9 line between Lots 3 and 4 in said subdivision; thenc e Southeast erly along the di v 1din9 line between said Lots 3 ond 4, a distance of 1 14.85 feet t o the angle point in said div iding line, said point being the actual p oint of begi nning of t he tract of land to be described; t hence Southerly along the dividing tine between said Lots 3 and 4, o distance of 130 feet; t hence East deflecting to the left at an angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence Nor therly along shore of said lake 160 feet more or less to the di viding line between Lots 2 and 3 in said subdivision; thence Wes t erly olon~ the d i viding line between said Lots 2 and 3 to the angle point in lost said dividing line; thence continuing Westerly in a straight line to the act ual poin t of beginning; except the Westerly 20 feet t hereof , said 20 feet being measured at r ight angles to t he dividing line between said Lots 3 an d 4. Also on undivided 1 / 18 interest in Lots 10 and 11, "Auditor' s Subd ivision No. 349 Hennepin County, Minnesota". Together w ith on easement for r ood purp oses over t hat port of said Lot 3, lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at initial point of commencement of the tract of land hereinabove desc r ib e d; thence Southeasterly along the dividin9 line between said Lots 3 and 4, 114.85 f eet to. t he angle po int in said d ividing line; t hence continuing Southeasterly on on extension of said d ividi ng line to t he Westerly line of the tract of land hereinabove described and there terminating, as shown in d eed Doc. No. 316624. Together with an easement for right of wa y for driveway purposes over that po rt of the We sterly 20 f ee t of said Lot 3 , lying Northerly of the South line of the premises hereinobove first described and Southerly of the line drawn across said Lot 3, from t he angle point in the divid in g line between Lots 3 and 4 to the angle point in the dividing line between Lots 2 and 3 in said "Auditor' s Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot r ight o f way being 20 feet wide as measured at o r ight angle to the dividing li ne be tween said Lots 3 and 4, as shown in deed Doc. No. 316624. • : denotes iron mar ker found (908.3) : denotes . existing spot elevation, mean sea level datum --917·--: d enotes existing contour line, mean sea level datum Bearinas shown ore based uoan an assumed dat1Jm N71°57" g "E 948 "' .:J 8.4 \ '' \ \ t \ ~ \ ti \ ' I I ~ I ~ ij ~ m ~ I"" I \l \ I I I I I \ - I \ \ \\1/ \ ooc1<