HomeMy WebLinkAboutProject PacketMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 11, 2006
7:00 o'clock p.m.
(5. #06-3208 RYAN COMPANIES US, INC., 2765 WAYZATA BOULEVARD WEST, Continued)
McMillan moved, Murphy seconded, Application 306-06-3208, Ryan Companies US, Inc., 2765
Wayzata Boulevard West, to adopt RESOLUTION NO. 5505, a Resolution Granting Commercial
Site Plan Approval and a Conditional Use Permit and Approving the Issuances of Building Permits,
with the resolution being amended to reflect the requirement of a letter of credit in the amount of
125 percent of the estimated cost of improvements and the credit toward the park dedication fee of
the cost of constructing the trail along Wayzata Boulevard. VOTE: Ayes 3, Nays 0.
*6. #06-3215 TODD MARTIN SCHAIBLE, 1450 CHERRY PLACE -VARIAN CE -
RESOLUTION NO. 5506
Murphy moved, McMillan seconded, Application #06-3215, Todd Martin Schaible, 1450 Cherry
Place, to adopt RESOLUTION NO. 5506, a resolution granting hardcover, lakeshore setback, and
average lakeshore setback variances. VOTE: Ayes 3, Nays 0.
*7. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD -
VARIANCE -RESOLUTION NO. 5507
Murphy moved, McMillan seconded, Application #06-3220, Jule and Elizabeth Hannaford, to adopt
RESOLUTION NO. 5507, a resolution granting lake setback and hardcover variances in order to
construct a new lakeside deck. VOTE: Ayes 3, Nays 0.
8. #06-3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF
WILLOW DRIVE NORTH AND IDGHW AY 12) -COMMERCIAL SITE PLAN -
ARCIDTECTURAL STYLE DEPICTIONS FOR DISCUSSION
Jeff Wrede with Tushie-Montgomery Architects and Sara Malin with Hempel Prope1iies were present.
Gaffron stated the applicants have submitted a couple of drawings and are looking for some direction on
whether the Council will accept the mixed uses. A work session on this site was held, with the nature of
the retail, the types of uses, and the architectural style of the buildings being discussed. The applicants
are looking for some additional direction on this project.
Brokl stated the applicants are requesting a comprehensive plan amendment and that there are not enough
Council members pre1,ent tonight to take fonnal action on this application.
Wrede distributed color depictions of their latest proposal, noting that the building is considerably smaller
than the building that is located across the street on the south side of Highway 12. An elevation view is
also included in the packet. Wrede indicated the style is based on the historical development that is
present around the lake. Wrede stated they would like to get some input from the council on the direction
they would like to see for architectural style .
Murphy stated the focus of the conversation tonight should be a continuation of the discussion that was
held at the work session and that it should be focused on the uses rather than the design of the project .
Murphy stated the Council accepted the medical buildin g and the uses associated with it but they ha v e
struggled wi th the reta il component. Murphy indi ca ted the City 's original comprehensive plan basicall y
P A GE 10 of 20
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 28, 2006
7:00 o'clock p.m.
(#06-3219, Edson Spencer, Continued)
Ordway stated originally these two lots were separated and were combined by Mr. Spencer and that
Mr. Spencer is now requesting the two lots be split again.
Murphy stated approval of the plat does not require a decision on the road.
Turner stated the resolution before the Council says the existing roadway shall be widened to 20 feet and
would need to be modified if the Council approves a width other than the 20 feet.
Gaffron stated this is a preliminary plat resolution and recommended that if the property owners are not
required to widen the roadway to 20 feet , that language should be deleted. Gaffron noted another
resolution would be before the Council once the applicants request final plat approval.
Murphy moved, Peterson seconded, Application #06-3219, Edson Spencer, 1135 Spring Hill Road,
to adopt RESOLUTION NO. 5500, a Resolution granting preliminary approval of a Class II
subdivision for property located at 1135 Spring Hill Road, with the roadway being left at 17 feet.
Sansevere indicated he would be opposed to that motion since it does not require the property owners to
increase the width of the roadway at some point in the future. Sansevere inquired how long the driveway
is.
Grant noted the roadway is approximately three-tenths of a mile in length.
VOTE: Ayes 4, Nays 1, Sansevere Opposed.
12. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD -
VARIANCE
Jule and Elizabeth Hannaford, Applicants , were present.
Curtis stated the applicants are proposing to remove the existing deck and construct a new deck which
will be 4.5 feet closer to the lake , have a lower profile when viewed form the lake , and become more
functional for the property owners. A new rear (street) stoop is also proposed . As part of this application,
the two-foot wide concrete path within 75 feet of the lake will be removed as well as other miscellaneous
hardcover on the property .
The Planning Commission voted 5-0 to recommend approval of hardcover and lake setback variances to
allow reconstruction of a new deck within the footprint of the existing deck provided the applicants
remove all of the hardcover elements as initially proposed.
PAGE 13
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 28, 2006
7:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Staff recommends approval of lake setback and hardcover variances for the new lakeside deck and rear
stoop. Staff further recommends that the applicants revise their proposed deck so that it does not
encroach closer to the lake than the existing deck.
Murphy inquired whether Staff agrees with the Planning Commission recommendation.
Curtis stated the Planning Commission recommended approval of the square footage of the existing deck
with the hardcover removals, which would allow the applicants to design a new deck. The applicant
requested a landing in addition to the size of the deck recommended by the Planning Commission.
Planning Staff is recommending no further encroachment towards the lake and that the applicants be
required to do the proposed hardcover reductions.
Curtis stated the applicants are able to reconstruct the existing deck and not remove any of the existing
hardcover. The applicants do not feel they would benefit by removing the hardcover but would be
agreeable to the removal if they were allowed to retain the size of the existing deck.
Jule Hannaford stated he is in agreement with Staff that they can rebuild the deck with a permit and that
he is unclear how this whole process has evolved to this point. Hannaford indicated their proposal
includes reductions in the hardcover on the lot and would improve the appearance of the deck, which in
their view is a win/win proposal. The deck has deteriorated to the point where it requires replacement.
The structural coverage on the lot is considerably below what they are allowed. Hannaford requested the
Council consider their proposal.
McMillan inquired whether the basic deck would remain the same but just with the addition of the steps.
Mrs. Hannaford indicated it would remain basically the same and that they are proposing a net reduction
in the hardcover.
Murphy inquired whether there is a requirement for steps to be included on decks.
Curtis stated that is covered under the Building Code.
Gaffron indicated a smaller set of steps would suffice under the Building Code.
Murphy noted this is an older house.
Jule Hannaford stated the foundation is approximately 70 years old.
Murphy stated he would prefer to improve the aesthetic nature of the neighborhood and that there would
be a reduction in the hardcover on the lot.
White pointed out the Planning Commission could not find a hardship for the further encroachment into
the 0-75 foot zone.
PAGE 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, August 28, 2006
7:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Murphy commented in his view the trade-off for the reduction in the hardcover is a good situation.
Murphy moved, White seconded, Application #06-3220, Jule and Elizabeth Hannaford, 1220
Bracketts Point Road, to direct Staff to draft a resolution allowing the new deck to stay within the
footprint of the existing deck, but to allow the steps to encroach around the edge of the deck as
shown in the applicants' plan, with the hardcover being reduced as proposed by the
Applicants. VOTE: Ayes 4, Nays 1, Peterson Opposed.
Peterson indicated she was opposed to the motion given the lack of a hardship for the further
encroachment into the 0-75 foot area.
*13. #06-3222 MICHAEL J. PUDIL, 2414 CARMAN STREET-EASEMENT VACATION -
RESOLUTION NO. 5501
White moved, Peterson seconded, to adopt RESOLUTION NO. 5501, a Resolution vacating certain
drainage and utility easements within properties located at 2414 and 2416 Carman Street.
VOTE: Ayes 5, Nays 0.
*14. #06-3223 MICHAEL AND STACHIA FEY, 1570 LONG LAKE BOULEY ARD -
VARIANCE -RESOLUTION NO. 5502
White moved, Peterson seconded, to adopt RESOLUTION NO. 5502, a Resolution granting lot
width, setback, and hardcover variances for the property located at 1570 Long Lake Boulevard.
VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Sansevere inquired whether the City has received anything on the reimbursement of the local police
department expenses incuned in connection with a fundraiser relating to President Bush's visit.
Moorse stated a letter has been sent indicating that a special event permit should have been obtained and
that the City's out-of-pocket costs should be reimbursed. Moorse stated they have not received a
response.
Sansevere suggested that the Long Lake firefighters be invited to attend a joint meeting of the Orono and
Long Lake City Councils.
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
#06-3210 Steven Webster and Sandra Larson, Continued)
There were no public comments regarding the application.
Bremer closed the public hearing at 6:52 p.m.
Rahn moved, Bremer seconded, to recommend approval of Application #06-3210, Steven and Jo
Webster, 500 Orono Orchard Road South, and Kent and Sandra Larson, 540 Orono Orchard Road
South, vacation of an alley and lot line rearrangement, subject to staff conditions outlined in the
August 16, 2006 Planner's report. VOTE: Ayes 5, Nays 0.
6. #06-3220 JULE AND ELIZABETH HANNAFORD, 1220 BRACKETTS POINT ROAD,
VARIANCE -7:05 P.M. -7:58 P.M.
Elizabeth Hannaford, Applicant, and Herb Baldwin, Landscape Architect, were present.
Curtis stated the applicant is requesting 0-75-foot and 75-250-foot hard<::over variances as well as a lake
setback variance in order to replace the existing lakeside deck with a new, lower-profile deck and remove
hardcover within the 0-75-foot zone. The existing deck encroaches almost completely into the 75-foot
setback as a result of the location of the home, which has existed on the property since 1954. The
applicant is proposing to remove the existing deck as well as a two-foot wide concrete path to the lake
and other miscellaneous hardcover.
Planning Staff recommends approval of variances in order to rebuild the lakeside deck and rear entry
stoop; however, the applicant should be directed to reduce both the size of the deck and the level of
hardcover on the property as a whole.
Staff recommends denial of the lake setback variance to allow a greater encroachment towards the lake .
Baldwin stated this project began with the issue of the deck and its need for repair. It was a pre-existing
deck at the time the Hannafords purchased the property approximately 11 years ago . Both decks are in
need of repair . The Hannafords are planning to remove the existing cedar decking and would be using
ironwood, which is an extremely hard and serviceable deck and will probably outlast the house. The deck
is one of the things the property owners feel is important to the property. Baldwin indicated the
Hannafords have a large family and use the entire deck.
Baldwin illustrated on the overhead the access to the proposed deck and the deck that exists . Baldwin
stated what currently happens is that the traffic is funneled onto the walkway and that they are proposing
to lower the profile of the deck another six inches and utilizing wider steps to allow the people access to
the grass at all points along the deck rather than focusing the traffic in one area. The amount of hardcover
would be reduced from what currently exists.
Baldwin explained the dry , s tacked bluestone w alls that currently ex ist are not retaining w all s and are
there as buffers . Baldwi n indicated pri v ac y is a problem and they are proposing a lo w w all w ith some
PAG E S
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
strategic lighting to provide save access down the steps. Baldwin noted the city engineer expressed a
concern about the retaining walls, but again indicated those are not retaining walls.
Baldwin stated they would provide more detailed plans as they go further into the review process and
would be complying with all the requirements of the City. If necessary, Baldwin indicated they could
possibly shorten the tread and eliminate one step.
Baldwin stated the applicants have been negatively impacted by the lack of parking on the street and
request that the driveway be kept as is. A rain garden would be incorporated to help with the drainage.
Existing and proposed diagrams of the deck were illustrated on the overhead.
Mrs. Hannaford stated they purchased the house in 1999, and approximately four years ago embarked on
substantial renovation of the first floor. They are committed to restoration of the house and have
periodically replaced boards on the deck but the time has come that the deck needs to be replaced.
Hannaford noted her sister-in-law last year fell through the deck given the very deteriorated condition of
some of the deck boards. Hannaford indicated they spend a considerable amount of time on the deck in
the summertime and their proposed plan is more consistent with the neighborhood and would be more
aesthetically pleasing. Hannaford noted the overall hardcover on the lot is being reduced with the new
plan.
Hannaford stated they are very reluctant to reduce their driveway given the amount of construction that
has been ongoing in their neighborhood, the lack of parking on the street, and the size of their family.
Bremer opened the public hearing at 7:12 p.m.
There were no public comments regarding this application.
Bremer closed the public hearing at 7:12 p.m.
Jurgens concun-ed the deck is in need ofreplacement, but that he does have an issue with the driveway.
Jurgens recommended the width of the driveway be reduced to 18 feet the entire length, which would
allow for some parking but would reduce the hardcover. Jurgens stated the area where the driveway
meets the roadway could be redesigned, which would eliminate a considerable amount of hardcover.
Mrs. Hannaford stated she is not opposed to the concept of reducing the driveway but would like to
maintain all the parking along the perimeter.
Jurgens stated the 18-foot width should allow parking as well as ingress and egress.
Baldwin stated the tighter the tum is made, the more difficult time cars would have maneuvering the
curve. Baldwin noted the front entrance of the home would be relocated further north.
Bremer inquired whether the circular driveway could be eliminated.
PAGE9
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Hannaford stated there is a giant maple tree in the middle of the circle.
Baldwin stated the circular driveway works more efficiently than a hammerhead type of driveway.
Bremer concurred with the suggestions concerning the driveway made by Commissioner Jurgens since it
would reduce the hardcover.
Hannaford noted the driveway is also in need ofreplacement but they would like to do that project
sometime in the future.
Gaffron inquired when the deck would be replaced.
Baldwin stated they are hoping to commence work this fall.
Rahn stated the bigger issue for him is for the further encroachment of the deck into the 0-75-foot area
and that the deck could be redesigned to lessen the encroachment into the 0-75-foot zone. Rahn noted the
deck currently encroaches ten feet and a hardship has not been demonstrated for the deck to encroach
further into the 0-75-foot zone. Rahn pointed out the Planning Commission has to make its decisions for
variances based on hardships.
Baldwin stated if the steps were reduced, it would lessen the encroachment slightly.
Kempf stated he is inclined to agree with the comments of the other Commissioners and that the driveway
should be reduced to 18 feet in width, with no further encroachment of the deck into the 0-75-foot zone.
Bremer commented she would be willing to allow a further encroachment of the deck based on the
removal of the two-foot concrete path along with the other proposed hardcover reductions, which is to the
benefit of everyone and would reduce the hardcover in the 0-75-foot zone. Bremer pointed out the
applicants are entitled to replace the deck without appearing before the Planning Commission.
Hannaford stated the existing deck is used for the seating of large gatherings. One of the design theories
behind the steps is that people could congregate on the steps, serve as overflow seating, allow the people
to face the lake, and materially improve the use of the property by having the steps.
Kroeger inquired whether some of the upper surface of the deck could be reduced.
Baldwin stated if the riser ratio is increased, the steps would not be as safe, but it would eliminate the
need for one step. Baldwin stated the proposed design of the deck is more sensitive to the lake by
maintaining the grassy area in front of the lake.
Rahn inquired how the stairs would be constructed.
Bremer stated the stairs are being constructed in such a way that there would be a four-foot encroachment.
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Baldwin illustrated on the overhead the proposed layout of the stairs.
Rahn stated the survey says the existing deck is 18.5 feet by 37 feet, and if there were a four-foot
reduction in the width of the deck, the stairs would not need to increase the encroachment further into the
0-75 foot zone.
Baldwin stated they are attempting to maintain the existing character of the structure but they would be
willing to compromise somewhat.
Kempf stated if the stairs going down from the deck to the closest portion of the lake were eliminated, he
would not be opposed to the deck since it would not increase the encroachment of the deck towards the
lake.
Hannaford stated there is a very large tree located in that area where the steps currently are.
Baldwin stated they would argue for the preservation of some hardcover that currently exists in the area
of the tree in an effort to help protect the tree.
Jurgens stated he could envision the removal of one tread given the width of the deck. Jurgens stated if
the deck were reduced to 14 feet by 27 feet, the footprint would be approximately the same as what
currently exists and there would be no further encroachment into the 0-75 foot zone. Jurgens commented
he likes the design of the deck but that he has a difficult time increasing the encroachment of the deck.
Bremer stated the applicants could table their application to redesign their plans or ask the Planning
Commission to vote on the matter and proceed before the City Council. Bremer commented she would be
in favor of a partial encroachment but that it appears the rest of the Planning Commission is not in favor
of the encroachment.
Hannaford pointed out their proposal results in a reduction of the hardcover overall on the lot.
Bremer stated she would be in favor of the further encroachment given the overall reduction in hardcover.
Jurgens stated increasing the setback encroachment sets a precedent and that a 14 x 27 foot deck is
functionable and does not constitute a hardship.
Kroeger indicated he is in agreement with Commissioner Jurgens on reducing the size of the deck and
that the driveway does not have to be reduced at this time.
Rahn also concurred that the driveway does not need to be reduced at this time.
Kempf indicated he is opposed to increasing the encroachment since there is not a hardship.
PAGE 11
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
(#06-3220 Jule and Elizabeth Hannaford, Continued)
Bremer inquired whether the applicant would like the application tabled or voted on tonight. Bremer
stated the Planning Commission could recommend that the deck be reduced to stay within the current
footprint and the application would proceed forward to the City Council.
Baldwin requested the Planning Commission allow for a landing in the area of the tree. Baldwin noted
they are removing a considerable amount of hardcover with their proposal.
Gaffron stated if the application were tabled, a revised plan would need to be submitted at least two
weeks prior to the next Planning Commission meeting. Gaffron stated if the revised plan meets the
approval of Staff, the application could proceed forward to the City Council.
Jurgens moved, Kroeger seconded, to recommend approval of Application #06-3220, Herb Baldwin
on behalf of Jule and Elizabeth Hannaford, 1220 Bracketts Point Road, subject to the condition
that there will be no further encroachment of the deck than what currently exists, and with the
understanding that the hardcover removals as proposed by the applicant be completed, with no
reduction in the driveway.
Baldwin inquired whether a landing would be allowed.
Jurgens stated he is requesting the same reductions in hardcover as proposed by the applicants in his
motion but that the proposed deck would need to be reduced to meet the existing footprint. Jurgens stated
the applicant would have the ability to incorporate a landing into the deck but the landing would count
towards the existing footprint.
Hannaford commented if she wants to change the design of her deck and she is required to reduce the size
of the deck and comply with the hardcover reductions, she is unsure why she would pursue that path
when she can just simply replace the deck.
Bremer stated the motion allows the applicant to design a deck that fits within the footprint of the existing
deck.
VOTE: Ayes 5, Nays 0.
7. #06-3223 MICHAEL AND STACHIA FEY, 1570 LONG LAKE BOULEVARD,
VARIANCE, 7:58 P.M. -8:10 P.M.
Michael and Stachia Fey, Applicants, were present.
Turner stated the applicants would like to replace the existing house and are requesting the following
vanances:
PAGE 12
Date Application Received: 06-21-06
Date Application Considered as Complete: 08-01-06
60-Day Review Period Expires: 10-01-06
Department Approvali
1
f ,1
Name: Melanie Curtis tJW
Title: City Planner
Item Description:
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: September 6, 2006
Item No.
Agenda Section:
#06-3220-Jule & Elizabeth Hannaford-1220 Bracketts Point Road-Variances
Zoning District:
Lot Area:
Lot Width:
List of Exhibits:
Exhibit A -
Exhibit B -
Exhibit C -
LR-lA, One Family Lakeshore Residential, 2-acres/200'
49,721 s.f. or 1.14 acres
244' @ OHWL / 229' @ 75' setback
Resolution per Council Action
Council Action Notice dated 09-06-06
Council Report dated 08-23-06
Application Summary:
At the meeting on August 28, the Council approved the applicants' request for lake setback and
hardcover variances in order to construct a new lake side deck.
Planning Commission Recommendation
On August 21, Planning Commission voted 5-0 to recommend approval of hardcover and lake setback
variances to allow reconstruction of a new deck within the footprint of the existing deck provided the
applicants remove all of the hardcover elements as initially proposed.
Planning Staff Recommendation
Staff recommends approval of the attached Resolution, which reflects Council action of August 28 th
and approves the application as proposed by the applicants.
COUNCIL ACTION REQUESTED
Adopt or amend the attached approval Resolution.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1288
FILE NO. 06-3220
WHEREAS, Jule M. Hannaford & Elizabeth A. Hannaford, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1220 Bracketts Point
Road within the City of Orono (hereinafter the "City") and legally described as follows:
Attached as Exhibit A; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new
lakeside deck to be located 52.9' from the OHWL where a 75' setback is normally required; and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-
75'zone of 903 s.f. or 5% where 1,234 s.f. or 7% currently exists and 0% is normally allowed
and within the 75'-250' zone of9,949 s.f. or 31.5% where 10,037 s.f. or 32% currently exists and
25% is normally allowed in order to construct a new rear stoop and lakeside deck.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 06-3220.
2. The property is located in the LR-IA, Zoning District which requires a minimum
lot area of 2.0 acres and a minimum lot width of 200'.
3. The Planning Commission reviewed this application at a public hearing held on
August 21, 2006 and recommended conditional approval of variances for
replacement of the deck and rear stoop.
4. The City Council approved the variance requests at a meeting on August 28, 2006
based on the following findings:
Page 1 of 5
a. The property has 49,721 s.f. (1.14 acres) in lot area and 244' of lot width at
the ordinary high water level and 229' oflot width at the 75' setback.
b. No additional land is available for acquisition by the applicants to make the
property conforming in area or width.
c. The property is served with municipal sewer.
d. The property is similar in size to many of the lots in this neighborhood.
e. The applicants' home was built in 1954 and encroaches into the 75' lake
setback. The proposed deck will be located entirely into the 75' lake setback.
f. The proposed deck will be located behind the average lakeshore setback line
and have no negative impact on lake views enjoyed by the neighboring
property owners.
g. The proposed deck will be a lower profile deck than the existing deck, thus
minimizing the visual impact when viewed from the lake.
h. The variance will have no negative impacts on the open space or character of
the neighborhood.
1. The applicants have proposed to remove an existing 2' wide sidewalk which
extends from the home to the lake within the 75' setback as well as other
miscellaneous hardcover.
J. The wide stairs on the proposed deck will eliminate the need for traffic point
hardcover such as landings and sidewalks off of the deck.
5. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
Page 2 of 5
6. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new
lakeside deck to be located 52.9' from the OHWL where a 75' setback is normally required and
a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-
75'zone of 903 s.f. or 5% where 1,234 s.f. or 7% currently exists and 0% is normally allowed
and within the 75'-250' zone of9,949 s.f. or 31.5% where 10,037 s.f. or 32% currently exists and
25% is normally allowed in order to construct a new rear stoop and lakeside deck, subject to the
following conditions:
1. Council approval is based on the site plan submitted by the applicants and annotated by
City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the level of 903 s.f. or 5%.
Hardcover in the 75-250' zone shall be limited to 9,949 s.f. or 31.5% per the proposed
plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised
that any future requests to increase hardcover or change the nature of existing/approved
hardcover shall require City approval, and increases in hardcover will not likely be
approved without concurrent reduction in existing hardcover.
3. Applicants shall remove all plastic or fabric liner material from the decorative landscape
beds on the property to ensure their permeability as non-hardcover surfaces.
4. Required removals of structure and hardcover shall be completed by the footing
inspection for the new deck.
Page 3 of 5
5. Authorities granted by this resolution run with the property not with the applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire
on that date (August 28, 2007).
6. 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.
7. The undersigned applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on the 11 th day of September, 2006.
ATTEST:
Linda S. Vee, City Clerk
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this _ day of ___ _
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of ____ ,
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2006 by Jule
M. Hannaford, husband of Elizabeth A. Hannaford.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2006 by
Elizabeth A. Hannaford, wife of Jule M. Hannaford.
Notary Public
Page 5 of 5
LEGAL DESCRIPTION
The land referred to is situated in the State of MN, County of Hennepin, and is described as follows:
Parcel 1: That part of Lot 2 and vacated portion of Center Avenue described as follows: Beginning at the intersection of the Westerly extension of the
Northerly line of said Lot 2 with the Northerly extension of the westerly line of Lot 3 thence Southerly along said Northerly extension of said Westerly
line to the Southwest comer of said Lot 2; thence Easterly deflecting to the left 90 degrees 46 minutes to the shore of Lake Minnetonka; thence Northerly
along said shore line to the Northerly line of said Lot 2; thence Westerly along said Northerly line of said Lot and the same extended to the point of
beginning in Rearrangement of Orono Point, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County.
(Certificate No. 656982)
Parcel 2: The South 100 feet of Lot 1; That part of Lot 10 and that part of Center Avenue as platted but now abandoned, described as beginning at the
Southwest comer of Lot 2; thence Northerly along the extension of the Westerly line of Lot 3 to its intersection with the extension of the North line of the
South 100 feet of Lot 1; thence East to the Northwest comer of the South 100 feet of Lot 1; thence Southerly along the Westerly line of Lots 1 and 2 to
the place of beginning; lying North of the Westerly extension of the South line of said Lot 1; all in Rearrangement of Orono Point, according to the
recorded plat thereof on file and ofrecord in the office of the Register of Deeds, Hennepin County, Minnesota. (Certificate No. 656981)
Parcel 3: those parts of Lots 2 and 3, Rearrangement of Orono Point, according to the recorded plat thereof, described as follows: Beginning at the
Northwest comer of said Lot 3; thence southeasterly, along a line drawn at an angle of 64 degrees 33 minutes 30 seconds from the westerly line of said
Lot 3, as measured from south to east, to the shore of Lake Minnetonka; thence northerly along said shore, to an intersection with a line drawn from the
point of beginning, at an angle of90 degrees 46 minutes from the westerly line of said Lot 3, as measured from the southeast to northeast; thence
southwesterly, along said line so drawn to the point of beginning.
SITE ADDRESS = 1220 BRACKETTS POINT ROAD
ORONO, MN 55391
PARCEL AREA (TO O.H.W.) = 49, 721 ~Q. FT.±/ 1.14 ACRES±
P.I.N.=11-117-23-32-0018
BENCHMARK.
STANDARD DISC SOUTHEAST CORNER BRIDGE NO. 7258. CSAH #51 CRYSTAL BAY @NOR.Tf.I ARM BRIDGE
ELEV.= 947.21
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CERTIFICATE OF SURVEY AND TOPOGRAPHIC SURVEY FOR
JULE M HANNAFORD IV & ELIZABETH HANNAFORD
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ZONING FILE 06-3220 CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: September 6, 2006
TO: Herb Baldwin
Landscape Architect
4196 W. 185 th St
Jordan, MN 55352
TYPE OF APPLICATION: Variances
COPIES: Jule & Elizabeth Hannaford
1220 Bracketts Point Rd
Wayzata, MN 55391
DA TE OF MEETING: August 28, 2006 VOTE: 4 FOR 1
Motion: To approve variances allowing the applicants' plans as proposed.
AGAINST
Variance approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance approval
expires one year after date of approval. A building permit must be obtained no later than August 28,
2007.
The applicants' next meeting is confirmed as -Monday, September 11, 2006 for final Resolution
approval. The meeting begins at 7 pm.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Melanie Curtis, City Planner, at 952.249.4627.
Date Application Received: 06-21-06
Date Application Considered as Complete: 08-01-06
60-Day Review Period Expires: 10-01-06
Department Approval: ·
Name: Melanie Curtis (v\ (J
Title: City Planner
Item Description:
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: August 23, 2006
Item No.
Agenda Section:
#06-3220 -Jule & Elizabeth Hannaford-1220 Bracketts Point Road-Variances
Zoning District:
Lot Area:
Lot Width:
List of Exhibits:
Exhibit A -
Exhibit B -
Exhibit C -
LR-lA, One Family Lakeshore Residential, 2-acres/200'
49,721 s.f. or 1.14 acres
244' @ OHWL / 229' @ 75' setback
Applicants' Proposed Plans
PC Memo & Exhibits of 08-15-06
PC Action Notice dated 08-22-06
Application Summary:
1220 Bracketts Point Road currently has a lake side deck which encroaches almost completely into the
75' setback as a result of the location of the home which has existed on the property (with
modifications) since 1954. The applicants are proposing to remove the existing deck and construct a
new deck which will be 4.5' closer to the lake, have a lower profile when viewed from the lake, and
become more functional for the property owners. A new rear (street) stoop is also proposed. As part of
this application the 2' wide concrete path within 75' of the lake will be removed as well as other
miscellaneous hardcover on the property.
0-75' and 75'-250' hardcover variances are also requested in order to replace the existing lakeside
deck.
Planning Commission Recommendation
On August 21, Planning Commission voted 5-0 to recommend approval of hardcover and lake setback
variances to allow reconstruction of a new deck within the footprint of the existing deck provided the
applicants remove all of the hardcover elements as initially proposed.
Planning Staff Recommendation
06-3220
1220 Bracketts Point Rd
Page 2 of 2
Staff recommends approval of lake setback and hardcover variances for the new lake-side deck and
rear stoop. Staff further recommends that the applicants revise their proposed deck so that it does not
encroach closer to the lake than the existing deck.
COUNCIL ACTION REQUESTED
Direct the applicants to redesign their deck to meet the staff recommendation or direct staff to draft a
resolution reflecting the Council's decision.
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l'RE.E SYMBOL KEY
DAI.SAM BALSAM FDl
SCP SCOTCH PlNE
WP WHITBPINE
WSP WHITE SPRUCE
AV AIU3ORVIDAE
BASS BASSWOOD
BOX BOX ELDER
DECID DECIDUOUS
HACK HACKBERRY
MPL MAPLB
WOAK. WHJTEOAK
L~G~ENOTES moN SET
• DENOTES DlON FOUND
0 DECIDUOUS TREE * CONIHROUS TREB
¢ POWER.POLE
-DENOTES DIRECTION OF SURFACE FLOW
wi DENOTESEXISTlNGELEVATION
(:ui) DENOT6SPROrOSEDELEVATION
LOWEST FLOOR
GARAGEROOR
TOP OF FOUNDATION
.EGi\L DESCRIPTION
~&1r ,4
~~,,~~
lie 141:'ld refcncd to U $itu.ltcd ill lllc: Stace of MN', Cowity ofHcnncpi.o, and is d~bcd as follo11,-s:
•=I I: lblll port ofLol 2 a.nd va~kd portior:i ofCentu Avcnuc described as follows : Beginning at the interscc:lion of the Wcs1crly cxlcnsion of the Northerly
inc ofuid Lot 2 with tl.Jc N1111hcrly .:xteosion oftbc wcstuly line o£Lot l tbcou Southerly :UOoc u.id Northccly cxtusioo. orsuid Wc.Jterly lute (o the
:oulhwut corner of said Lot 2; lhcocc Euterly dcfleetulg to the leJ\ 90 degrees ◄ti t1111Ju1cs 10 the shore oflAkc Minnc1onka; thence Northerly alooguid sborc
inc to I.be Northerly line of said Lot 2; tbtDCc Wcsluly oloog nid Northerly line oh.1.id Loi o.nd tbc same tl{ltoded to the paint ofbcginniog io R.cam.oi:cmtol
,(Orono Poinl, a«:ording to the plct thacoroo file or or record in the office: oflllc Regis la of Deeds in and for nid Couoty.
CcrtifiCGltNo.6S6982)
•=el 2: The South 100 rcct of Lot l; 1h31 part of Lot 10 and that part ofCc.11.ter Avenue: 11S pl1t1ed but now abandoned, described 35 beginning at We Sou lbw est
oroci of Lot 2: thcoec Northerly oloog the cxlcosioo of the Westerly JUlc oflot3 lo its intersec:tioo with the cxlc:nsioa. of the North line or the: South 100 feel of
.ot I; thtocc Ent to the Northwest conic:r oflhe South 100 feel of Lot I; thence Southerly a.loos the Westerly line oflol.S l aod 2 to the pbcc ofbeginninc:
ying North of the Westerly cxlcosioo of the Sou lb lioc of said Lot I; 1U io Rcartani;.c:mt.111 ofOrooo Point, according to the ,ccorded pl3t thereof oo file aod or
ceo,d io the office of the R.ecisttr o(Decds, HenD.epin Couoty, Minocso~. {Certificate No. 6S698I)
•arccl 3: those parts of lots 2 and 3, Rt:D.mlOgemeht of Orono Poiol, according to the rccordtd pl111tbcrco[, descnlitd as follows: Beginning al the Northwest
omcrors3id l.otl; theoccsoul.beastedy,along 11 line dn,wn 11.t :w. :11:1cle of64 deg.re.cs 33 w.inutcs 30 &etoDds liom lhc weslcrly line ofnid loll, as measured
rom so11th lO cast, to the 5horc of La.kc Minnc:too.kn; thence o.orthcrly alons suid shore, lo llll Ultcrsci;lion with II line dr.lwo. &om U1c poinl ofl.11:gluning, al an
ash: of90 degn:~ 46 rnioutes from the WClledy line of nid Lot 3, as mc.aswed 6-om the southeil.St to northeast; tbcocc southwesterly, oloog wid line so drown
llhcpoiDtofbcgioniog.
JTE ADDRESS= 1220 BRACKETIS POINT ROAD
ORONO, MN 55391
·ARCELAR.EA (fOO.H.W.)•49, 711 SQ.fT.,J./l.l4ACRES*
.LN ... 11-1174 23-32.-00t8
:ENCHMAR.K.
TANDARD DISC SOlJTHEASTCORNeR BRIDGE NO. 7258. CSAH 1"1 CRYSTAL BA.Y@NORTH ARM BRIDGE
LEV ... 947.21
H!:REBY CERTIFY THAT THIS SURVEY. PL,v.i.
If! REPORT WAS PREPARE:0 BY IJE QR urmrn
IY OIR£CT SUPERVISION ANO UiAT I At.I A
Ul Y LtCENSEO LANO SURVEYOR UND£R 1l1E
,\VIS or THE STATE or IJINNESOTA.
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PRO£CT r;o SHEET 1~~1,~::i~ I . 2006-'.!,1 I I
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FILE #06-3220
15 August 2006
Page 1 of 4
Date Application Received: 06-21-06
Date Application Considered as Complete: 08-01-06
60-Day Review Period Expires: 10-01-06
To:
From:
Date:
Subject:
Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
Melanie Curtis, City Planner ('AV
August 15, 2006
06-3220, Herb Baldwin on behalf of Jule & Elizabeth Hannaford, 1220
Bracketts Point Road
• Hardcover & Lake Setback Variances
• Public Hearing
Zoning District:
Lot Area:
Lot Width:
LR-lA, One Family Lakeshore Residential, 2-acres/200'
49,721 s.f. or 1.14 acres
244' @ OHWL / 229' @ 75' setback
Application Summary: The applicant is requesting 0-75' and 75 '-250 ' hardcover
variances as well as a lake setback variance in order to replace the existing lakeside deck
with a new, lower-profile deck and remove hardcover within the 0-75' zone.
Staff Recommendation: Planning Staff recommends approval of variances in order to
rebuild a lake side deck and rear entry stoop, however the applicant should be directed to
reduce both the size of the deck and the level of hardcover on the property as a whole.
Staff recommends denial of the lake setback variance to allow a greater encroachment
toward the lake . Prior to Council approval the applicant should fully address all of the
City Engineer's concerns.
Pertinent Zoning Ordinance Sections
✓ Sec . 78 -1288. Hard cover limitations.
✓ Sec. 78 -12 79 . Placement of structures on lots.
List of Exhibits
Exhibit A -Application
Exhibit B -Hardship Documentation Form
Exhibit C -Existing & Proposed Survey
Exhibit D -Proposed Plans and Elevations
Exhibit E -Demolition Plan
Exhibit F -
Exhibit G -
Exhibit H -
Exhibit I -
Exhibit J -
Submitted Hardcover Calculations
City Engineer Memo
Applicant's Response to Exhibit G
Property Owners List
Plat Map
1
Background
FILE #06-3220
15 August 2006
Page 2 of 4
1220 Bracketts Point Road currently has a lake side deck which encroaches almost
completely into the 7 5' setback as a result of the location of the home which has existed
on the property (with modifications) since 1954. The applicant is proposing to remove
the existing deck and construct a new deck which will have a lower profile, when viewed
from the lake, and become more functional for the property owners. A new rear (street)
stoop is also proposed. As part of this application the 2' wide concrete path to the lake
will be removed as well as other miscellaneous hardcover.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lA Lot Area Lot Width
Required 87,120 s.f. (2 acres) 200'
Actual 49,721 s.f. or 1.14 acres 244' (a), OHWL / 229' (a), 75' setback
Setbacks:
LR-lA Required Existin2 Proposed
Rear 50' n/a The deck & new entry porch exceed
50' from the rear lot line.
North Side 30' 30' Deck will be 32'
South Side 30' 140'+ 140'+
Lakeshore 75' 56.2' 52.9'
Average The proposed deck will be located behind the average lakeshore setback line. Lakeshore
Structural Coverage:
Total Lot Area Total Structural Coverage
49,721 s.f. (1.14 acres) Allowed: 7,458 s.f. (15%)
Proposed: 3,704 s.f. (7.5%)
Hardcover Calculations:
Hardcover Zone Total Area in Allowed Existing Proposed
Zone Hardcover Hardcover Hardcover
0-75 18,154 s.f. 0 s.f 1,234 s.f. * 903 s.f.
(0%) (7%) (5%)
10,037 s.f.* 9,949 s.f.
75 -250 7,892 s.f. (32%) (31.5%)
31,567 s.f. (25%) 11,271 sJ. 10,852 sJ.
(36%) (34%)
* After exclusion of fabric or plastic-lined landscape beds.
Italicized Bold= Calculation includes the non-conforming 0-75' hardcover applied to the 75'-
250' zone.
2
Hardcover Variance
FILE #06-3220
15 August 2006
Page 3 of 4
The applicant is requesting hardcover variances in order to remove an existing rear stoop
and lake side deck and replace with a new rear entry stoop and lake side deck. While the
applicant is removing 430 s.f. of non-conforming concrete sidewalk from the 0-75' zone
the overall sizes of the deck and stoop will be increasing.
Lakeshore Setback Variance
The entire deck encroaches into the 0-75' zone due entirely to the location of the home.
The proposed deck, while becoming less visible from the lake (lowered profile), is
proposed to encroach closer to the lake by approximately 4'.
Hardship Statement
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering 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
undue hardship 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.
Staff finds that due to the existing non-conformities on the property (location of house,
deck, and excessive hardcover within both setback zones) there may be hardships for
consideration of the requested variances. However, staff does not find that there are
hardships which support 1.) A larger deck; and 2.) A greater encroachment into the lake
setback. The driveway is a loop and accounts for 4,988 s.f. of hardcover, or almost 16%
of the hardcover within the 75'-250' zone. There are also concrete stepping stones which
begin near the garage doors and loop all the way around the north lot line to the lake.
Issues for Consideration
1. The property, while in a location that does not accommodate on-street parking,
has a considerable driveway. Are there reductions to the driveway that could be
made without reducing the driveway's functionality? Are there other hardcover
removals which could be proposed?
2. Is the lower profile of the proposed deck a trade off for allowing the deck stairs to
encroach approximately 4' closer to the lake than the existing deck?
3. Are there screening options that will mitigate the proposed deck's proximity to
the lake?
4. Are there any other issues or concerns with this application?
3
Staff Recommendation
FILE #06-3220
15 August 2006
Page 4 of 4
Planning Staff recommends approval of variances in order to rebuild a lake side deck and
rear entry stoop, however the applicant should be directed to reduce both the size of the
deck and the level of hardcover on the property as a whole. Staff recommends denial of
the lake setback variance to allow a greater encroachment toward the lake.
4
City of Orono exH'IW' A
Variance Application
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# C5fo -3;;?-o2-0
Date Received : (_r .;}-l-O&,
Amount Pa~~O. Oz:>
Staff: ~&
Fee: $600 --=---------Renewal: $250 --'--------After -the -fact: $1 ,200 Double Fee
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:
Site Address: \ tiW
Property ldentifi-ca~t~io_n_N_u_m_b-er~(-P-1 N_)..,....: ---:--c,.__......,.,-.-\ 1=--'-11"::::;;~:--:::;:?].-,o-::~=--=z.=-.__,,~=-:~,..........."t------------
(Attach legal description to application if /~luded on the survey.)
Date Property Acquired (month/year): 15"" □ Yes, I own the adjacent parcels.
Present use of pr~ential □ Other _________________ _
Zoning District: -
DESCRIPTION OF REQUEST: Estimated Project Cost: $~('1,t]1 tJ00
Describe the request in detail (attach additional sheets if necessary):
~~W™~-
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
Pre-Application Meeting Form, completed by a City Planner.
Completed Application Form
Completed Hardship Documentation Form
Certified Property Owners List -owners within 150' of the subject property, labels and plat map.
List, labels and map may be obtained from Hennepin County Department of Finance,
Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910
Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements
listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or
11" x 17" for reproduction.
Completed hardcover calculation worksheets (as provided within the variance packet).
Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11"
or 11" x 17" for reproduction.
Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17").
Additional items may be requested by City Staff depending on the scope of the project. *
APPLICANT'S ACKNOWLEDGEMENT:
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or
consultant expenses incurred in review of this application and certifies that the information supplied is
true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely
responsible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reje · · is complete or to recommend the request for
denial of the request regar:wJl~~~ it.
Applicant's Signatur :
Applicant's Signature:
OWNER'S ACKNOWLEDGEMEN
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission & Council Members for
purposes of investigation and verification of this request.
Date: (p · ~ [ -0~
Date:
Applicant must have all submittals into the'• City offices by the application deadline. Planning
Commission Meetings are normally held on the third Monday of each month. Applicants must be
present at all scheduled review meetings of the Planning Commission and Council. If an
applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized
representative attend in place of the applicant and advise the City Planner assigned to your project.
DATA PRIVACY ADVISORY
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you
that your request for a permit or license from the City of Orono or any of its departments may
require you to furnish certain private or confidential information.
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 M.S. 13.04 (see following page) to review private data on
yourself.
6. Your full name is required to process this application or permit.
First Middle Last
Address
City State Zip Phone
I understand my rights as stated above.
i~Auh~ A-~yd
Signat
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or to
be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
(c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in the
individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and whether
it is classified as public, private or confidential. Upon his further request, an individual who is
the subject of stored private or public data on individuals shall be shown the data without any
charge to him and, if he desires, shall be informed of the content and meaning of that data.
After an individual has been shown the private data and informed of its meaning, the data need
not be disclosed to him for six months thereafter unless a dispute or action pursuant to this
section is pending or additional data on the individual has been collected or created. The
responsible authority shall provide copies of the private or public data upon request by the
individual subject of the data. The responsible authority may require the requesting person to
pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature of
the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that he
believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the provisions of
the administrative procedure act relating to contested cases.
Page 1 of 3
HARDSHIP DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. 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 394.27, Subdivision 7 requires that a hardship be
demonstrated in order for a variance to be granted. The hardship must be unique to the
property as variances run with the land and not the land owner. Personal and economic
situations are not considered valid hardships. In order for an application to be heard by
the Planning Commission and City Council a hardship having merit must be
demonstrated.
HOW DO I PROVE A HARDSHIP?
This form has 12 points outlining the basis City staff uses to determine if a hardship
exists and how the variance will affect the surrounding community. To prove a hardship,
address all the relevant points listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the
variance 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 these hardship criteria as they relate to the request (some may
not apply):
1.
2.
3.
4.
"The property in question cannot be put to a reasonable use if used under
~J!!%f~
"The plight of the landowner is due to circumstances unique to his property not
~ \1¥'?5 fO~ X:, )0
' ~~~.
"The variance, if granted, will not alter the essential character of the locality." ·
~~~\r~u~-
"Economic considerations alone shall not constitute an ·undue hardship if
reasonable use for the property exists under the terms of the Zoning Chapter." --
5.
6.
Page 2 of3
"Undue hardship also includes, but is 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."
__.e.-
"The Board of Appeals and Adjustments 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." ___.
7. "The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling."
8.
9.
10.
11.
--
"The special conditions applying to the structure or land in question are peculiar
to such propert or immediately adjoining property."
wn~~~~~~~-rn:~~~
"The conditions do not apply generally to other land or structures in the district in
which said land is located." ___.
"The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the arplic""'ar,;n;..,t~.·c· l~~~~~
"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
c~ ~ \fW\W~·
Page 3 of 3
12.
Hardship Statement
Should you feel the hardship cannot fully be described in the above criteria, describe the
unique hardship, practical difficulty or unusual property conditions preventing compliance
with Zoning Ordinance requirements in the following lines (attach additional sheets if
necessary):
20 40
SCALE IN FEET
CREE SYMBOL KEY
3ALSA.M: BALSAM Fm.
lCP SCOTCH PINE
NP WHITE PINE
NSP WIDTE SPRUCE
w AR.BORVIDAE
3ASS BASSWOOD
mx BOX ELDER
)ECID DECIDUOUS
<ACK HACKBERRY
ill'L MAPLE
NOAK WHITEOAK
_EQEND
oDENOTES moN SET
• DENOTES moN FOUND
0 DECIDUOUS TREE * CONlFEROUS TREE
¢ POWEllPOLE
-DENOTES DIRECTION OF SURFACE FLOW
.xx DENOTES EXISTING ELEVATION
·xxx) DENOTESPROPOSEDELEVATION
LOWEST FLOOR
GARAGE FLOOR
TOP OF FOUNDATION
EGAL DESCRIPTION
'tm&lf v
B'Al:,ffW~
he Jmd referred to is situ111ed in lhe State of MN, County of Hennepin, and is described 11S follows:
arc.cl 1: That part of Lot 2 and vacated portion of Center Avenue described as follows: Bcginnfog al the interaection of the Westerly extension oflbe Northtrly
oe ofnid Lot 2 witb the Northerly extension of the westerly line oflot3 thence Soulhcrly along said Northddy c;deosion of s-.Ud Westerly line to the
outhwest comer of said Lot 2: thence fastcrly deflecting to tbc left 90 degrees 46 minutes to the shore of Lake Minnetonka; !hence Northerly along said sbore
oe 10 the Northerly line of said Lot 2; thl!llcc Westttly along said Northerly line of said Lot aod the s:itt1e extended to the pointofbeginuiDg in Rcammgcmeot
fOrono Point, according to the pint lhereofon file or of record in the orfke ofth=Itegistcr of Deeds in and for said County.
::crtificalcNo.656982)
01cel 2: The South 100 fed of Lot 1; That part of Lot 10 :ind tb11t partofCenter Avenue as platted butoow abandoned, described :is beginning 111 lhe Southwest
Jmu of Lot 2; !hence Northerly along the Clciensio11 oflhc We5\erly line of Lot 3 to its inh:m.ction with the cli.lcnsion oflhe NGftb line of the South 100 f~t of
ot 1; thence East to the Northwest-0om« oflhc Soulh 100 f-0ct of Lot I; the.nee Southerly alone: the Westecly line of Lots l and 2 10 lhc place-of beginning;
•ing North of the Wcstctlye.dCJ1Sion of the South line of said Lot 1; all in ReammgementofOrono Point, ai;eording to the recorded plat thereof oo file and of
:cord in the office of the Registc.r ofOcr:ds, HenoepiD County, Minnesota. (Certificate No. 656981)
an:cl 3: !hose parts of Lots 2 and 3, Rearrangement of Orono Point, according to lhe recorded phll !hereof; described :i.s follows: BcgiJming at the Northwest
Jmcr of said Lot 3; thence southeasterly, along a line drawn al all angle of64 degrees 33 minutes 30 seconds from the weslcr!y line of said Lot 3, as measured
·om south IO ea.st,. to the shore: o(LlllCe Minttetonkn; thence nonhcrly along soid shore, lo 44 inlerseclio11 with a line drawn fron1 the poiolofbegioning, at im
!!glc of90 degrees 46 minutes from the westerly line of said Lot 3, as measUied from lhe southeast to northeast; thence southwes:h:dy, alongsoid line so dnwn
,thcpointofbcginnfog.
ITE ADDRESS= 1220 BRACK.Errs POWf ROAD
ORONO, MN 5539!
ARCELAREA(TOO.H.W.)=.j9, 721 SQ.FT.:k/1.14 ACRES±
J.N.:ll-117-23-32-0018
,ENCm..tARX
TANDARD DISC SOUlHEAST CORNER BRIDGE NO. 7258, CSAH #SI CRYSTAL BAY @NORTH ARM BRIDGE
LEV."' 947.21
HEREBY CERTIFY THAT THIS SURVEY, PLAI-I,
1R REPORT WAS PREPARED BY t.tE OR UNDER
IY DIRECT SUPERVIS!otl AISD THAT I At.I A
KIM A. REAUME
LICENSED LANO StFRV.ll\'OR
BOOK
36
PROJECT NO
PAGE ,,
SH([T UL Y LICWS£0 LANO SURVEYOR UtlOER lHE
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CERTIFICATE OF SURVEY AND TOPOGRAPHIC SURVEY FOR
JULE M HANNAFORD IV & ELIZABETH HANNAFORD
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PROPOSED HARDCOVER
CALCULATIONS (PER CITY)
0-75' ZONE FROM O.H.W. OF LAKE MINNETONKA
A . ...!Q...._SQ.FT.OFHOUSE
B. 893 SQ. FT. OF DECK
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The litiid rtf<:md ID is ailuctal in the SWr: of MN. C"ollDI)' ofHawqiin, o.ad is dcscrib<:d .tJ foll<l'IT.
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SITUADDR£SS"' ll2UBII.ACIC.El11iPOlNTROAD
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ELEV.~ 'H1.2I
KIM A. REAUME '"°'
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CERTIFICATE OF SURVEY AND TOPOGRAPIIlC SURVEY FOR
TIJLE M HANNAFORD 1V & ELIZABETII HANNAFORD
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LAKESH0RE SETBACK DETAIL
SCALE: 1 = 30 -0
AUG-14-06 MON 9:11 ~.t> P.02
EXISTING
PLANNING AND DESIGN CONCEPT~C:::. ==~~~~~~==~ $
1'he planning and deeign concept ie to effectively lower the 1!
profHe enc t:he deck thereby minimizing the dark ehadow Ii nee ae
ee.en fron, Lake Minnetonka. Wide etepe are ueed to vieually iay
b:lck' the de.Gk and provide more options for pedeetrian traffic
to acc~00 the lawn and LakeShore. Thie feature reduces the
r~e;d for e,pecific etreae point hardcover at the boitom of the
run of etepe allowing the removal of existing hardcover. A low
pr,_,filra ~ry .. raiac;ked blue ewne wall ie uaed to provide privaay ae
vveH a1£t a new planting of 6irch treee along the north aide of the
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EXISTING HARDCOVER
CALCULATIONS (PER CITY)
0-75' ZONE FROM O.H.W. OF LAKE MINNETONKA
A. 10 SQ. FT. OF HOUSE
B. 794 SQ. FT. OF DECK
C.-0 -SQ. FT. OF BITUMINOUS DRIVEWAY
D.430 SQ. FT. OF CONCRETE .
1,234 SQ. FT. TOTAL HARD SURFACE
+18,154 SQ. FT. OF PROPERTY AREA IN ZONE
6.8% HARD SURFACE AREA IN ZONE
EXISTING HARDCOVER
CALCULATIONS (PER CITY)
75-250' ZONE FROM O.H.W. OF LAKE MINNETONKA
A. 3,694 SQ. FT. OF HOUSE
B, 503 SQ. FT. OF DECK
C. 4,988 SQ. FI. OF BITUMINOUS DRIVEWAY
D.852 SQ. FT. OF CONCRETE
10,037 SQ. FT. TOTAL HARD SURFACE .
+ 31,567 SQ. FT. OF PROPERTY AREA IN ZONE
31.80/o HARD SURF ACE AREA IN ZONE
/ /
PROPOSED HARDCOVER
CALCULATIONS (PER CITY)
0-75' ZONE FROM O.H.W. OF LAKE MINNETONKA
A. 10 SQ. FI. OF HOUSE
B. 893 SQ. FI. OF DECK
C.-0 -SQ. FI. OF BITUMINOUS DRIVEWAY
D.OSQ. FI. OF CONCRETE
903 SQ. FT. TOT AL HARD SURFACE
+ 18,154 SQ. FI. OF PROPERTY AREA IN ZONE
4.9% HARD SURFACE AREA IN ZONE
PROPOSED HARDCOVER
CALCULATIONS (PER CITY)
75,250' ZONE FROM O.H.W. OF LAKE MINNETONKA
A. 3,694 SQ. FI. OF HOUSE
B, 582 SQ. FT. OF DECK
C. 4,988 SQ. FT. OF BITUMINOUS DRIVEWAY
D. 685 SQ. FT. OF CONCRETE
9,949 SQ. FT. TOTAL HARD SURFACE
+ 31,567 SQ. FI. OF PROPERTY AREA IN ZONE
31.5% HARD SURFACE AREA IN ZONE
~ Bonestroo
11::::::1111 Rosene
~ Anderlil<&
1 \j 1 Associates
Engineers & Architects
August 9, 2006
Ms. Melanie Curtis
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
, I
335 West Highway 3 6 • St . Pa ul , MN 55113
I Office: 651-636 -4600 • Fax : 651-636 -1311
www.bonestroo .com
Re: 1220 Bracketts Point Road
.File No. 000139-06000-1
Plat.No. 06-3220
Dear Melanie:
We have reviewed the preliminary plans for 1220 Bracketts Point Road. The plans include constructing
decks and retaining walls, along with associated grading and utilities. We have the following preliminary
comments with regards to engineering matters:
• Spot elevations should be provided for the top and bottom of all retaining walls, as well as at the .
bottom of all proposed steps. ·
• Plans should include erosion and sediment control details.
If you have any questions, please call me at ( 651) 604-4863.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~ljdM_
Tom Kellogg --~
St. Paul , St . Cloud, Roch es ter, MN• Mil w aukee , WI • Chicago , IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
AUG-14-06 MON 9:10
TO:
HER6 5ALDWIN
LAND ARCHITECT
4196 W 185TH ST
JORDAN MN
5 5 3 5 2
Auguet 14, 2006 J FM ,1'\ ] -;,10?,_, ~ .4-t~J lo
FAX MEMORANDU \ IY
TO:
FM:
CC:
RE:
MeAanie Curtis I C;cy of Oroti:FJ
Herb Baldwin I Landscape A ·
PAGES
Betsy and Jule Hannaford I Owner
Mike Gulden I Landsha~LtvS-5 2-492·2180
t'j='A;(J I !~52,492,2189
Hannaford Residence
Melc1nie,
Sorry I missed talking with you on Friday.
Attached is a copy of a sketch of the existing deck as seen from Lake
Minnetonka, as well as a proposed view and concept statement. ,,
P. 0 1
I have also received a copy of the city engineer's, cmiments concerning the
proposed deck. I have understood, through our prevlsous conversations, that the
information due at the time of application for the Planning Commission I Council revii-w
was in a" design sketch" format and that a construction plan would be submttted for a
building permit after consideration and action by the Council. Certainly, at that time, an
appropriate silt fence will be shown and detailed that will meet the City's Building
Officials r~uirements. The New Yotk Blue Stone dry-stacked walls are not retaining
walls at all -they 'free stand' with internal structure, a common practice in the industry.
Some spot elevations are alreact, shown but will be in more detail on the deck
construction plans.
Hopeful!Y, the attached infotmation will be of help in obtaining f'lanning
CommissionA""tcr ........ h ii approval to repair I maintain and redesign / modify the existing
decks _at-th _,. aford Residence.
I,
RUN DATE: 6/'2JJ /200 6
38 111172 3320010
PROP ADDR 1265 BRACKETIS POINT RD
OWNER NAME ROGER D O'SHAUGHNESSEY
TAXPAYER ROGER D O 'SHAUGHNESSEY
NAME/ADDR 10562 ESTATE DR
EDEN PRAIRIE MN 55347
38 1111 723320021
PROP ADDR 1200 BRACKETIS POINT RD
OWNER NAME NOBLE PROPERTIES OF MN LP
TAXPAYER NOBLE PROPERTIES OFMN LP
NAME/ADDR 15250 WAYZATA BLVD #l 05
WAYZATAMN 55391
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 1111723320018
PROPADDR 1220 BRACKETIS POINT RD
OWNER NAME JULE M HANNAFORD fV ET AL
TAXPAYER JULE M HANNAFORD fV &
NAME/ADDR ELIZABETH A HANNAFORD
1220 BRACKETIS POINT RD
WAYZATA MN 55391
38 1111723320019
PROP ADDR 1280 BRACKETIS POINT RD
OWNER NAME R D SP ARBOE & D L SPARBOE
TAXPAYER ROBERTSPARBOE
NAME/ADDR 1280 BRACKETIS POINT RD
WAYZATAMN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS D~T1_2
OF THE HENNEPIN COUNTY TAXPAYER SE VIC S DEPART~OO, T\J",vHE
OF MY KNOWLEDGE AND BELIEF.DAT · ~ Vh BY (; / v _ _
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Taxpayer Services Department
Parcel Information
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Rouse Number 1220
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Street Name BRACKETTS POINT R
This is not a legally recorded map. It represents a compilation of information
and data from City, County, and State road authorities and other sources.
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CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Herb Baldwin
Landscape Architect
4196W.185th St
Jordan, MN 55352
TYPE OF REQUEST:
DATE OF MEETING:
ZONING FILE 06-3220
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: August 21, 2006
Variances
COPIES: Jule & Elizabeth Hannaford
1220 Bracketts Point Rd
Wayzata, MN 55391
August 21, 2006
Planning Commission recommended as follows:
Approval of hardcover and lake setback variances to allow reconstruction of a new deck
within the footprint of the existing deck provided the applicants remove all of the
hardcover elements as initially proposed.
VOTE: 5 FOR 0 AGAINST
Applicant's next scheduled meeting is tentatively scheduled for:
City Council-August 28, 2006 -Meeting starts at 7:00 pm
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Melanie Curtis at 952.249.4627.
STATE 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 resolution adopted at the
meeting of the Orono City Council on September 11, 2006, 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 _______ , 2006
City Clerk
FILE #06-3220
15 August 2006
Page 1 of 1
06-3220, Herb Baldwin on behalf of Jule & Elizabeth Hannaford, 1 220 Bracketts Point
Road
• Hardcover & Lake Setback Variances
• Public Hearing
Application Summary: The property currently has a lake-side deck which encroaches
almost completely into the 75' setback due to the location of the home The applicant is
proposing to remove the existing deck and construct a new, low profile deck, which will
be more functional for the property owners. The applicant is also proposing a new rear
(street) stoop.
The applicant has proposed to remove the 2' wide concrete path to the lake, as well as
other miscellaneous hardcover. The application consists of 0-75' and 75'-250'
hardcover variances as well as a lake setback variance in order to replace the existing
lakeside deck and stoop.
Staff Recommendation: Planning Staff recommends approval of variances in order to
rebuild a lake side deck and rear entry stoop, however the applicant should be directed
to reduce both the size of the deck and the level of hardcover on the property as a
whole. Staff recommends denial of the lake setback variance to allow a greater
encroachment toward the lake.
Issues for Consideration
1. The property, while in a location that does not accommodate on-street parking,
has a considerable driveway. Are there reductions to the driveway that could be
made without reducing the driveway's functionality? Are there other hardcover
removals which could be proposed?
2. Is the lower profile of the proposed deck a trade off for allowing the deck
to encroach approximately 4' closer to the lake than the existing deck?
3. Are there screening options that will mitigate the proposed deck's proximity
the lake? .✓~\
4. Are there any other issues or con~~~n~j~:ftt((app\cation?
.;:•/·:,:.:>;./ "\
\
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I
)
#06-3220 -Jule & Elizabeth Hannaford -1220 Bracketts Point Road -Variances
Application Summary:
The applicants' home has a lake side deck which encroaches almost completely into the 75 ' setback
due to the location of the home . The applicants are proposing to remove the existing deck and
construct a new deck which will encroach 4.5' closer to the lake, have a lower profile when viewed
from the lake, and become more functional for the property owners . A new rear (street) stoop is also -
proposed . As part of this application the 2 ' wide concrete path within 75 ' of the lake will be removed
as well as other miscellaneous hardcover on the property.
Planning Commission Recommendation
At their August meeting the Planning Commission voted 5-0 to recommend approval of hardcover
and lake setback variances to allow construction of a new rear stoop f reconstruction of a new deck
within the footprint of the existing deck provided the applicants remove all of the hardcover
elements as initially proposed .
Planning Staff Recommendation
Staff recommends approval of lake setback and hardcover variances for the new lake-side deck and
rear stoop . Staff further recommends that the applicants revise their proposed deck so that it does
not encroach closer to the lake than the existing deck .
COUNCIL ACTION REQUESTED
Direct the applicants to redesign their deck to meet the staff recommendation or direct staff to draft
a resolution reflecting the Council's de_cii.s-UMT:----------
/
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn or ~ ~1:,. ·
nancial Officer of the newspaper known mfi. ;:'.
~ _;~;
and has lull knowledge of the facts stated ·•''-'4-1t-._.,_.:,
([I.) The newspaper has complied with aU ,::~~i
'••·"J:.•
qualified news paper, as provided by tv·
able laws, as amended.
(B) The printed public notice that is attac ·
week, for ~successiveweek(s):>.
of July , 2006, and was th,·;.; _ , _
. }:..:~ \
to and including Thursday, the __ ,:t\"'Y.
~:.:P:--:-'
a copy of the lower case alphabet lror·, ·,;;1i
edged as being the size and kind of ty"-:
notice:
(1) Lowest classified rate paid by comme,~: ;{:
for comparable space · ·····
(2) Maximum rate allowed by law
(3) Rate actually ~harged
Cl ---
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as --------'SC..Cu-'-n'--S-'--a'""i-'-'lo __ r _____ _
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for~ successive week(s); it was first published on Thursday, the _6_ day
of -~J~u~IY_~, 2006, and was thereafter printed and published on every Thursday
to and including Thursday, the __ day of _____ , 2006; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY:~
CFO
Subscribed and sworn to or affirmed before me
on this __ 6_ day of July , 2006.
N~;{LLLJI~.
MARY ANN CARLSON
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ --~2~.8~5-P~e~r =lin-e
$ -----'6=·=20"'-"'p=e,_r l""in=e
$ ---'~•_30~Q~e~r =lin=e
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #06-3220, was mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my ;Jd ~ :y of July, 2006.
~~--
Denise M. Leskinen
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, July 17, 2006, beginning at 6:00 p.rn. on the matter ofreviewing the following land
use applications:
#05-3102
#05-3147
#06-3180
#06-3184
#06-3206
#06-3209
#06-3210
#06-3211
Stonewood Design Build, 920 Brown Road South, RR-lB zoning district, requests
approval for revisions to the side setback variance approvals granted in 2005 for
construction of a new residence located 20' from the side lot lines where a 30' setback is
normally required.
Steven and Janna Sundby, 3587 North Shore Drive, LR-1 C zoning district, request a
conditional use permit and variances to allow the construction ofretaining walls located
less than 75' from the lakeshore.
Bruce Schmitt on behalf of William Ulrich, 2280 French Creek Circle, RR-1 B zoning
district, requests a variance from the 150' lake setback in order to construct a garage and
home addition located completely within the 150' lake setback.
Paul Thomas Hornes, 2695 Casco Point Road, LR-1 C zoning district, requests lot width
and lot area variances to permit construction of a new residence on an existing lot 0.4
acre in area where 0.5 acre is normally required and a width of 60' where 100' is
normally required and a hardcover variance within the 75'-250' zone to exceed the 25%
level that is normally allowed.
Ken and LoriJean Anderson, 4225 Forest Lake Drive, LR-IB zoning district, request
variances to allow 32.6 % hardcover in the 0-75 foot zone where 39.9 % currently exists
and no hardcover is normally allowed, to allow 42% hardcover where 43% currently
exists and 25% is normally allowed, to allow structural lot coverage of27 .1 % where 28%
now exists and 15% is normally allowed, to allow a structure 25 feet from Forest Lake
when a 75 foot setback is required, and to allow the garage to have a five foot setback
from the side property line when a ten foot setback is required. The purpose of these
variances is to allow a second story to be added to the existing structure and the garage
enlarged to three stalls.
Landscaping Plus on behalf of Wendy McLaughlin, 1180 Phillips Drive, RR,. 1 B zoning
district, requests a conditional use permit for land alterations within a protected wetland.
Steven Webster and Kent Larson, 500 & 540 Orono Orchard Road South, RR-1B
zoning district, request a subdivision of a lot line rearrangement to allow for a new
driveway access to Orono Orchard Road for the 540 property; also proposed is a vacation
of the 12-foot wide alley located within Block 13, Minnetonka Bluffs, from Dickenson
Street to Fox Street.
Ted Capra, 3534 Ivy Place, LR-1 C zoning district, requests a hardcover variance within
the 75' -250' zone to allow 31.7% hardcover where 25% is normally allowed in order to
build a new residence on the property.
#06-3212
#06-3213
#06-3214
#06-3215
#06-3216
#06-3217
#06-3218
#06-3219
#06-3220
Hempel Properties, NW corner of Willow Drive and Highway 12 (Outlot A, Stonebay),
PIN #33-l 18-23-11-0060, RR-lB zoning district, requests a commercial site plan review,
rezoning, comprehensive plan amendment, and subdivision in order to develop two
mixed-use office/retail buildings on this 3.7 acre site.
Steven and Stacy Sapletal , 2575 Thoroughbred Lane, RR-lB zoning district, request a
conditional use permit to allow the installation of plumbing including a toilet and shower
within an accessory pool house structure.
Rudy Wicklander Homes Inc., 3345 Crystal Bay Road, LR -1 C zoning district,
requests the following variances and a conditional use permit in order to build a new
residence: a lot width and a lot area variances for a property 6,244 s.f. or 0.14 acre in
area and 50' in width where 0.5 acre and 100' in width are normally required, a lake
setback of 62' where 75' is normally required, a side street setback of 8' where 15' is
normally required, a rear yard setback of IO' where 30' is normally required, a 0-75' zone
hardcover variance to allow 38% hardcover where 0% is normally allowed and a 75'-
250 ' zone hardcover variance to allow 45.5% hardcover where 25% is normally allowed
as well as a conditional use permit to conduct minor grading within 75' of the OHWL in
order to build a new residence.
Todd and Michelle Schaible, 1450 Cherry Place, LR-lB zoning district, request the
following variances to allow construction of an addition to the street side of their
residence : Hardcover variances to allow 25 percent hardcover in the 0 -75 foot zone
where no hardcover is allowed and to allow 36 percent hardcover in the 75-250 foot zone
where 25 percent is allowed . Average lakeshore setback variance to place the addition
closer to the lake than the average lakeshore setback. Structural lot coverage variance to
have 15 .83 percent of the lot covered by structures when 15 percent is allowed.
John Holm, 1485 Bay Ridge Road , LR-IA zoning district, requests a renewal of a side
setback variance granted in 2003 in order to construct an attached garage addition 1 0'
from the side lot line where a 30' setback is normally required .
Aulik Design Group, 865 Ferndale Road West, LR-IA zoning district, requests a lake
setback variance to allow the addition of a second story over the garage po11ion of the
house when the entire house is within the 0-75 foot zone where no structures or
hardcover is allowed.
Kerry & Kimm Nassauer, 145 Manor Circle, and Julie Morrison-Arne, 130 Manor
Circle, RR-1 B zoning district, request vacation of the public street known as Manor
Circle dedicated in the plat of Countryside Manor 2 nd Addition, and request approval for
replatting of their respective properties and Manor Circle as two building lots and a
private road outlot.
Edson W . Spencer, 1135 Spring Hill Road, LR-I A zoning district, requests approval of
a Class II subdivision to create one additional residential building lot.
Herb Baldwin on behalf of Jule and Elizabeth Hannaford, 1220 Brackctts Point Road,
LR-IA zoning district, requests 0-75' and 75 '-250' zone hardcover and lake setback
variances in order to rebuild an existing deck on the property resulting in a net reduction
of hardcover in both zones.
2
#06-3221 Sean and Nico lie Wheeler Hendrickson, 1580 Long Lake Boulevard, LR-1 A zoning
district, request the following variances in order to construct a replacement residence: Lot
width and area variances for a lot that is 99.39 feet wide and 8,910 square feet in area
when a width of200 feet and two acres is required. Structural lot coverage variance for a
structure of 1,673 square feet when 1,500 would be allowed. Setback variances to allow
a front setback of 30 feet when 50 feet is required, side setbacks of 6.0 feet and 11.3 feet
when 30 feet is required and a rear setback of 34 feet when 50 feet is required.
Hardcover variances to allow 27.31 percent hardcover in the 75-250 foot zone when 25
percent is allowed and 50.92 percent hardcover in the 250 -500 foot zone when 30
percent is allowed.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
City of Orono by July 13, 2006 if possible. Plans are available for review in the City Offices and all
interested persons are encouraged to contact the City for further information. For an appointment, please
call (952) 249-4600.
City of Orono
By: Planning Commission. 2 2/
~J;}~~#--
Michael P. Gaffron, Blanfiing Director
/
To be published in the Sun Sailor on July 6, 2006.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
3
RUN DATE: 6/10/2(06
38 I I 11723320010
WP ADDR 1265 BRACKETTS POINT RD
WNER NAME ROGER D O'SHAUGHNESSEY
I\XPAYER ROGER D O'SHAUGHNESSEY
AME/ADDR 105(,2 ESTATE DR
EDEN PRAIRIE MN 55347
38 1111723320021
ROI' ADDR 1200 BRACKETTS POINT RD
WNER NAME NOBLE PROPERTIES OF MN LP
AXPAYER NOBLE PROPERTIES OF MN LP
AME/ADDR 15250 WAYZATA BLVD #105
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 1111723320018
PROPADDR 1220 BRACKETTS POINT RD
OWNER NAME JULE M HANNAFORD IV ET AL
TAXPAYER JULE M HANNAFORD IV &
NAME/ADDR ELIZABETH A HANNAFORD
1220 BRACKEHS POINT RD
WAYZATA MN 55391
38 1111723320019
PROP ADDR 1280 BRACKETTS POINT RD
OWNER NAME RD SPARBOE & D L SPARBOE
TAXPAYER
NAME/ADDR
ROBERT SPARBOE
1280 BRACKETTS POINT RD
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE OWf·'
Of THE HENNEPIN COUNTY TAXPAYER s;J;.v1.ccj:, S DEPART. 'f/ji( .... E~J'. ~
OFMYKNOWLEDGEANDBELlEF.0 AT~Q0 BYc;/ , ti:,/ ,e i _ r-~
-l/
l / \.._./
1
PAGE: 1
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono , Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #06-3220, was mailed to the attached list of
property owners .
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, August 21, 2006, beginning at 6:00 p.m. on the matter of reviewing the following
land use applications:
#06-3191
#06-3195
#06-3210
#06-3211
#06-3212
#06-3215
Karen Feyo, Mark Fuller, and Stacy Hakaya, 4055 Elm Street, LR-1B zoning district,
request lot area and width variances to allow construction of a new house on a lot that is
0.44 acres in area and 120 feet wide when 1 acre and a lot width of 140 feet are required.
Thomas H. Parker, 1348 Rest Point Circle, LR-1B zoning district, requests lot width
and lot area variances in order to construct a new residence on a property 13,703 s.f.
(0.31 acre) in area and 70' atthe OHWL and 65' at the 75' setback where 43,560 s.f. (1.0
acre) in area and 140' in width are required. A 75' -250' hardcover variance is also
requested in order to have 38.7% hardcover where 25% is normally allowed in
conjunction with the construction of a new home.
Steven Webster and Kent Larson, 500 & 540 Orono Orchard Road South, RR-1B
zoning district, request a subdivision of a lot line rearrangement to allow for a new
driveway access to Orono Orchard Road for the 540 property. Also proposed is a
vacation of the 12-foot wide alley located within Block 13, Minnetonka Bluffs, from
Dickenson Street to Fox Street.
Ted Capra, 3534 Ivy Place, LR-1 C zoning district, requests a hardcover variance within
the 75' -250' zone to allow 31.7% hardcover where 25% is normally allowed in order to
build a new residence on the property.
Hempel Properties, NW corner of Willow Drive and Highway 12 (OutlotA, Stonebay),
PIN #33-118-23-11-0060, RR-1 B zoning district, requests a commercial site plan review,
rezoning, comprehensive plan amendment, and subdivision in order to develop a 2-story
office building and a I-story retail building on this 3.7 acre site.
Todd and Michelle Schaible, 1450 Cherry Place, LR-1B zoning district, request the
following variances to allow construction of an addition to the street side of their
residence: Hardcover variances to allow 25% hardcover in the 0-75 foot zone where no
hardcover is allowed and to allow 36% hardcover in the 75-250 foot zone where 25% is
allowed; an average lakeshore setback variance to place the addition closer to the lake
than the-average lakeshore setback; and a structural lot coverage variance to have 15 .83 %
of the lot covered by structures when 15% is allowed.
#06-3216
#06-3219
#06-3220
#06-3221
#06-3222
#06-3223
#06-3224
#06-3225
John Holm, 1485 Bay Ridge Road, LR-IA zoning district, requests a renewal of a side
setback variance granted in 2003 in order to construct an attached garage addition 1 0'
from the side lot line where a 30' setback is normally required.
Edson W. Spencer, 1135 Spring Hill Road, LR-lA zoning district, requests approval of
a Class II subdivision to create one additional residential building lot.
I--:Ierb Baldwin on behalf of Jule and Elizabeth Hannaford, 1220 Bracketts Point Road,
LR-lA zoning district, requests 0-75' and 75'-250' zone hardcover and lake setback
variances in order to rebuild an existing deck on the property resulting in a net reduction
of hardcover in both zones.
Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard, LR-lA zoning
district, request the following variances in order to construct a replacement residence: Lot
width and area variances for a lot that is 99.39 feet wide and 8,910 square feet in area
when a width of 200 feet and two acres is required; a structural lot coverage variance for
a structure of 1,673 square feet when 1,500 would be allowed; setback variances to allow
a front setback of 30 feet when 50 feet is required, side setbacks of 6.0 feet and 11.3 feet
when 30 feet is required and a rear setback of 34 feet when 50 feet is required; and
hardcover variances to allow 27.31 % hardcover in the 75 -250 foot zone when 25% is
allowed and 50.92% hardcover in the 250 -500 foot zone when 30% is allowed.
Michael J. Pudil, 2414 Carman Street, LR-1 C-1 zoning district, requests vacation of
utility easements that cross the property to allow construction of an addition to the
existing residence.
Michael and Stachia Fey, 1570 Long Lake Boulevard, LR-lA zoning district, request
the following variances in order to construct a replacement residence: A lot area of 0.34
acre when two acres is required; a lot width of 102 feet when 200 feet is required; a front
setback of 43 feet when 50 is required; a rear setback of30 feet when 50 is required; a 22
foot setback from the east property line when a 30 foot setback is required; a 21 foot
setback from the west side property line when a 30 foot setback is required; and 36.6%
hardcover in the 250 to 300 foot zone when the maximum is 30%.
Michael Sharratt of Sharratt Design & Co., on behalf of Thomas & Rebecca Lowe, 3295
Carman Road, LR -1 B zoning district, requests the following in order to construct a
new home: Lot area variance to allow new construction on a property 0.43 acre in area
where 1.0 acre is normally required; and hardcover variances within the 0-75' zone for
2.28% where 0% is normally allowed, and within the 75' -250' zone for 41. 78% where
60.49% currently exists and 25% is normally allowed.
David Carlson on behalfof875 WBW, LLC., ownerof875 Wayzata Boulevard, RR-lB
zoning district, requests rezoning of the property to RPUD Residential Planned Unit
Development, and requests RPUD site plan and preliminary plat approval for a 9-unit
residential development on this I 0.4-acre site.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
2
City of Orono by August 16, 2006 if possible. Plans are available for review in the City Offices and all
interested persons are encouraged to contact the City for further information. For an appointment, please
call (952) 249-4600.
To be published in the Sun Sailor on August 10, 2006.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
3
Jam and Smudge Free Printing
Use Avery® TEMPLATE 5160®
06-3220
38 1111723320019
Robert Sparboe
1280 Bracketts Point Rd.
Wayzata, MN 55391
38 1111723320010
www.avery.co1
1-800-GO-AVER)
Roger D O'Shaughnessey
10562 Estate Dr.
Eden Prairie, MN 55347
38 1111723320021
Noble Properties of MN LP
15250 Wayzata Blvd. #105
Wayzata, MN 55391
@ AVERY® 5160®
38 1111723320018
Jule M Hannaford N &
Elizabeth A Hannaford
1220 Bracketts Point Rd.
Wayzata, MN 55391
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
able laws, as amended.
(B) The printed public notice that is attached
week for one successive week(s); it wa~ ' ---..
of August , 2006, and was thereaft
to and including Thursday, the __ day of ;~
a copy of the lower case alphabet from A to~l
edged as being the size and kind of type us ·:
notice :
BY:
(1) Lowest classified rate paid by commercial
for comparable space
(2 ) Maxi mum rate allo w ed by law
(3) Rate actually charged
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
C:_111\1 ------------
newspapers
AFFIDAVIT Of PUBLICATION
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as _______ S_u_n_-S_a_i_lo_r _____ _
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for __QrJ_Q_ successive week(s); it was first published on Thursday, the _.1Q_ day
of August , 2006, and was thereafter printed and published on every Thursday
to and including Thursday, the __ day of _____ , 2006; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY~
Subscribed and sworn to or affirmed before me
MARY ANN CARLSON
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31--09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ --~2~.8=5"-1=-ge=r~l~in=e
$ --~6=.2=0_,,p=e~r =lin=e
$ ___ 1~.3=0=--,e.g=er~l=in=e
MEMORANDUM
Date:
To:
From:
RE:
August 3, 2006
Tom Kellogg
Melanie Curtis, City Planner
File# 06-3220 -1220 Bracketts Point Rd
Please review the enclosed information for a reconstruction of a lakeside deck and
landscaping and provide comments by August 15 th for the August 21 st Planning
Commission meeting.
Please call me at 952.249.4627 if you need additional information or if you have any
questions on the attached information.
LETTER OF TRANSMITTAL
ATTN: CU3!.AJJ-:>G aJPTIO?
RE: ~
WE ARE SENDING:
~ATTACHED
0 UNDER SEPARATE COVER
O ______ _
~ PRINTS
0 SPECIFICATIONS
0 ORIGINALS
0 COPY OF LETTER
0 CHANGE ORDER
0 SAMPLES
RECEIVED
I\UG O l 2006
CITY OF ORONO
0 SHOP DRAWINGS O _______ _
COPIES DA TE NUMBER DESCRIPTION
THESE ARE TRANSMITTED:
~S REQUESTED
/ OFOR APPROVAL
REMARKS:
herb baldwin landscape arch
612 492-2180
herbfem@conce
OF0R YOUR USE
OFOR REVIEW AND COMMENT
l
1 sth street jordan minnesota 55352
( fax 612 492-2189
'--
CITY of ORONO
Herb Baldwin
Landscape Architect
4196 West 185t11 Street
Jordan , MN 55352
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Jule & Elizabeth Hannaford
1220 Bracketts Point Road
Wayzata, MN 55391
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application #06-3220
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323 -0066
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 1220 Bracketts Point Rd. Below is a list of items the City of Orono is
requesting to complete our review:
✓ Two (2) scaled copies of the plans (for Council review two original certificates of survey will be
required), and a reduced copy (11 'xl 7' or smaller), indicating the following:
o setback zones from the OHWL of Lake Minnetonka,
o the proposed structures,
o all proposed hardcover,
o the average lakeshore setback,
o existing topographic contours extending 50' past the prope1ty boundaries , and
o proposed storm water drainage and proposed site grading (please indicate total cubic yards of
proposed earth movement on/off site).
✓ All proposed hardcover shall be calculated by the appropriate zone on the hardcover worksheets that
are enclosed. The hardcover calculations must be completed by your surveyor.
Application #06-3220 is incomplete . If you wish to proceed with your application please submit the items
requested above by July 6 th in order to remain on the July 17 , 2006 Planning Commission agenda. Please call
me at 952.249.4627 should you have any questions .
Sincerely,
City of Orono
Melanie Curtis
City Planner
Telephone (952) 249-4600 ° Fax (952) 249-4616
www.ci.orono.mn.us
•
• ®
•
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HEREI EIALDWIN
LAND ARCHITECT
4196 W 1El5TH Si
J O R D A N MN
5 5 3 5 2
._ , ..
._ . ,
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City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.*)
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
c~~ ~~~~~~~e Only ~MMh [j,
Meeting Date/Time: 1PJ
PC Date :
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.
DESCRIPTION OF REQUEST:
□ Average Setback
ardcover
Other:
□ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback
□ Lot Coverage □ Lot Area □ Lot Width
-------------------------------
ARDSHIP: Applicant has received the Hardship Documentation Form,
nderstands it as it has been explained to them, and is aware that it must
be completed and submitted in conjunction with their formal variance
application.
OTHER INFORMATION:
*Please note: Your variance applica ·
meeting during which this fo
Applicant Signatur :
~-'-f-=b-"-e....::accepted without a pre-application
y Cit staff.
HAR~R CALC A ION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) ~ 5-25 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE ~-e, Gt9~~ :>
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
=
Width
=
=
=
=
=
=
=
=
=
=
=
=
=
__ \_O_s.F. ~(o~t\--~
S.F. ------S.F. ------
______ S.F.
____ S.F. 4; O')~ '7r°
______ S.F.
______ S.F.
______ S.F.
_:1__._t?J-"-{_s.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
---0~\~&-J~ ~~~
H. Other ~ x = 1?>l? S.F. tr.,~ fy
TOTAL HARDCOVER IN ZONE \,7.-30( S.F. A ~o, 0?51 ~
TOTALPROPERTYAREAINZONE {f},t:,;,S.F. B J 01 /
A ----+ B ----x100 = ___ e_..:.• ........ ZL--% ~.ol•
PROPOSED HARDCOVER IN ZONE~7v' ~ ~ j 4.J
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
=
=
=
=
=
=
=
=
S.F. ------
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
_ __,W,t-;n"l-~---S.F.
: A:o:...___• ~;;;~li~s.fW 4-e~ '5,r,
______ S.F. =
=
=
=
=
______ S.F.
______ S.F.
______ S.F.
____ S.F. _, ~lP ~.r-..
----=-~FD -~ S.F.C(£/J~f\~
0 20 40
SCALE IN FEET
TREE SYMBOL KEY
BALSAM BALSAM FIR
SCP SCOTCH PINE
WP WHITEPINE
WSP WHITE SPRUCE
AV ARBORVIDAE
BASS BASSWOOD
BOX BOX ELDER
DECID DECIDUOUS
HACK HACKBERRY
MPL MAPLE
WOAK WHITEOAK
LEGEND
~NOTES IRON SET
• DENOTES IRON FOUND
Q DECIDUOUS TREE * CONIFEROUS TREE
¢ POWERPOLE
DENOTES DIRECTION OF SURF ACE FLOW
xxx DENOTES EXISTING ELEVATION
(xxx) DENOTES PROPOSED ELEVATION
LOWEST FLOOR
GARAGE FLOOR
TOP OF FOUNDATION
~EGAL DESCRIPTION
fhe land referred to is situated in the State of MN, County of Hennepin, and is described as follows:
>arcel 1: That part of Lot 2 and vacated portion of Center Avenue described as follows: Beginning at the intersection of the Westerly extension of the Nortberly
ine of said Lot 2 with the Nortberly extension of the westerly line of Lot 3 thence Southerly along said Nortberly extension of said Westerly line to the
louthwest corner of said Lot 2; thence Easterly deflecting to the left 90 degrees 46 minutes to the shore of Lake Minnetonka; thence Nortberly along said shore
ine to the Nortberly line of said Lot 2; thence Westerly along said Nortberly line of said Lot and the same extended to the point of beginning in Rearrangement
if Orono Point, according to the plat thereofon file or ofrecord in the office of the Register of Deeds in and for said County.
Certificate No. 656982)
'arcel 2: The South 100 feet of Lot 1; That part of Lot 10 and that part of Center Avenue as platted but now abandoned, described as beginning at the Southwest
,orner of Lot 2; thence Nortberly along the extension of the Westerly line of Lot 3 to its intersection with the extension of the North line of the South 100 feet of
,ot 1; thence East to the Nortbwest comer of the South 100 feet of Lot 1; thence Southerly along the Westerly line of Lots 1 and 2 to the place of beginning;
ying North of the Westerly extension of the South line of said Lot 1; all in Rearrangement of Orono Point, according to the recorded plat thereof on file and of
ecord in the office of the Register of Deeds, Hennepin County, Minnesota. (Certificate No. 656981)
'arcel 3: those parts of Lots 2 and 3, Rearrangement of Orono Point, according to the recorded plat thereof, described as follows: Beginning at the Northwest
orner of said Lot 3; thence southeasterly, along a line drawn at an angle of 64 degrees 33 minutes 30 seconds from the westerly line of said Lot 3, as measured
rom south to east, to the shore ofLake Minnetonka; thence northerly along said shore, to an intersection with a line drawn from the point of beginning, at an
ngle of 90 degrees 46 minutes from the westerly line of said Lot 3, as measured from the southeast to northeast; thence southwesterly, along said line so drawn
> the point of beginning.
!TE ADDRESS= 1220 BRACKETTS POINT ROAD
ORONO, MN 55391
'ARCEL AREA (TO O.H.W.) = 49, 721 SQ. FT.±/ 1.14 ACRES±
.I.N.=11-117-23-32-00!8
<ENCHMARK
TANDARD DISC SOUTHEAST CORNER BRIDGE NO. 7258. CSAH #51 CRYSTAL BAY@NORTH ARM BRIDGE
LEV.= 947.21
HEREBY CERTIFY THAT THIS SURVEY, PLAN,
IR REPORT WAS PREPARED BY ME OR UNDER
IY DIRECT SUPERVISION AND THAT I AM A
·UL Y LICENSED LAND SURVEYOR UNDER THE
AWS OF THE STA1E OF MINNESOTA.
~~ ~~
KIM A. REAUME
LICENSED LAND SURVEYOR
BOOK
36
PROJECT NO
763475-1314 2006-24
763475-1015 FAX
EMAJL -prccisioosurveys@comcast.net REVISIONS
3305 GARLAND LANEN.
PAGE
52
SHEET
'I,\
\\ I
.. \ f \ f ~ .. \ \\
NORTHERLY EXTENSION OF ~ -,-~~, \\
'I,\
b
'-.....,_ ~ CONCR[Tf
.P..r,r. I rSTEPeJNG---~ I'-,,.SJ't5N£S '-"' soww-f1 2~1.13 r!:!!:!L.
---ASSUMED BEARING
PARCEL NO 1
X9J2.~9
.r:7.9J2.-f5 v·,o
"sJZ
r------
1
I r------
><9J2.1?-.9J'.,;,......_-,
X9Jl.69
57,7'
\\
EXISTING HARDCOVER
CALCULATIONS (PER CITY)
0~75'ZONE FR.OM O..H.W. OF LAKE MINNETONKA
A. IO SQ.Fr.OFHOUSE
B, 794 SQ.FT.OFDECK
C._Q_SQ.FT.OFBITUMINOUSDRJVEWAY
D. 430 SQ. FT. OF CONCRETE
1,234-SQ.FT, TOTALHARDSURFACE
•18J.54SQ.FT. OF PROPERTY AREA IN ZONE
6.8%HARDSURFACEAREAINZ.ONE
'i, \ 9JJ.97 NOR7H\\EST CORNER LOT J
\ \OIJIH\\EST CORNER LDT 2
\
\
\
\
\
EXISTING HARDCOVER
CALCULATIONS (PER CITY)
·75,25o·ZONEFROMo.H.W.OfL-'ij(EMINNETONKA
A SQ.FT.OFHOUSE
B, SQ.FT,OFDECK
C. SQ.Fr.OFBITUMINOUSDRIVEWAY
64-:JJ'JD" DEED
64"30'41" /,/FAS
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41 ~2.42 1(9J2_08
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I
--932-.,..,,.
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r·.
CERTIFICATE OF SURVEY AND TOPOGRAPHIC SURVEY FOR
JULE M HANNAFORD IV & ELIZABETH HANNAFORD
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LAKE MINNETONKA
,--ORO/NARY HlGH '
/ VIA T£R = 929.4
/
V LAKE MINNETONKA SHORELINE
\ _,.,, -4-24-08
/ £LEV.= 929.8
\ -DOCK
~~,,,: --. ------........., ..... i...__._ .....
SETBACK LifE 935.7
a::i
~ (";I
:TAINING'f I
~LL .
£:m1&1r U ~ ~ +;:/
'SJ-I
NORTH LINE II OF SOUTH !!!_0 FEET OFI LOT 1 . --/
/ ---~-0 I / · I
'--...._ ~ CONCRETE "" I /CONCRETE~ I --
I I
--
----
,-------
/
~v' 1 (STEPE-1-NG-__ --------lf) =·.. -POND t / (STEPPIN{r r-+ -1
,,,." ,,) ~r6NES \" . ( ,,_!)( I STONES\, '-I x 932.52 I "'-'----934-.oB <:>iJ I , ,,,...., 90'007JD E\ 24~1J~~!_7_ ,>Ff-: /
'ASSUMED, BEARING
J---------8'±-.., -' '-<. x 931.66 x 931.69 ___ x_!!l·?JI \
64.0 '--~
I
I~ \ CONCRETE
_,'22 --STEPPING
STONES
SEWER PIPE_,,
-9.
\ \ \CONCRETE
CONCRETE
\ .•. STOOP&~
STEPS
I
I
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30.6
("; 5.6
r-,-j
'--..._RETAINING REMOVE ~
EXISTING HOUSE WALLS CONCRETE __g_
1220 BRACKETTS POINT ROAD PROPOSED
r-RIPRAP
933
· PROPOSED~/5·22
RETAINING934.'89
WALL.3
_, PARCEL NO 2
/
~ ORONO, MN 55391 TA ING WA Tl
a::i 934.21 RE IN le~ 20·2 s/11 -EXPOSED AGGREGA T£ I . /~f:'.k',b' 1·:·:'iJ
9~12 I ---• -'i
.,.;--8 ~ REMOVE
~~~i!==;i,,34. ;:i; a::i-PLANTER BOX & TREES
~-r A~lr'=M~ ..... 41nr~tf1~-5PROPOSED DECK
N
Vl v..
0
t_PROPOSED
.oo 9PA2PLANTER ~ sill REMOVE
~ <t;DECK
1-i---Fce·r PROPOSED DEC
\
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/11 0
¢i c::i
:~<.0932.6.f ~
vi
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MJ)VE
~ f C"I
X 932.69
I PROPOSED
-BITUMINOUS-/ RETAINING
WALL J "™··\ 4t4el t -52.9' '1rr . X92.75 -57,7' .' r·i'::1-1
REMOVE
DECK-____,
.933.54
76.0'
-571'-SJ~,?$aru
.... /-"-;--
\ !)i")":i '---../ --
Vo 33.46 REMOVE / G t~ "933.42 ,
rt~1:s PRoPosEnc0 NcRETE -1 1 /
933.18 PLANTER WALK /~~,?Jo
~33.45 NORTHERLY LINE OF LOT 7, ~ ----
LC)l21ocust :;Y'
..,,-,9
X 933,QJJ-\
( RE1
EXPOSEJD '-AGGR[r T£
G932.38
V28woai
-~
932.85
x 932.43 14mpl
\ I I
,2.92
13~4 -----/ J.09 __,-
) 1 oust __,-/ D __,,
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\ 9J.1-P REMOVE T[ WALK-18 oa 2' CONCRE ,_ --'1 -11 ---::;,750 "'·" f2.66
locust
( /
--PARCEL NO 1
Q32.68
16/ocust
132.82
G932.53
v14/ocust
0,;3,11
20/ocust
X 932.48
X 932.49 FLAGPOLE-~
932.42 J 932.11 G932.45 \
V ·10 x 932.16 ~ ,,,,-, 9J2.20 I I r ~---~--------------, I
X931.78 '----l /
\
X 931.81
56
G93t.71:z
v9mp X 931.52
\ ~IB
\ rn~I~-;': J .01 )0 -y r.:i. "'·" \ :,•• '"-" ~ -r .1-0' / I v·6 / 932.21 •3 -,
( /lash ,r;:1---\ "-0 LcrT 932.8 <.D
REMOVE
2''{:0NCRETE
\ WALK
'----
-----X931.6',--'-.... --
931.69 "''{, , --, 16h.J \0 I , Jl,77 !J1,51 08mpl .•:. '-
932
.~ ~ \ \0ack
931.« 9:J= ·. ->< --""":r-;;1 '9J2.7J I
"""' f --,v """ t '3 W" ,,uccr-c·~ -(S.ll:l:~, , """" -_I , ,31.7'
~1.43
9
--· ~ , 9J2.12 --
" ,,_, g:,,., -31 ~ t:1 -931 9 931.95
45,lx ~ 30 ~2 131.4' 9J1.6J --\,. ' ', . FAU,.C ~ '---.. ". Bash ---~ "-Q11as:__ -\ V , , r;/,limp1 _ -.
31 76
/ ,c'.T
93215
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' ~1 ""-~ -'"·" • oce / "'·" V ' ·, --931.42(9 0 .Q,.;,,,-r'.1,,.,,, 0 / 1Jo,1, __L_ 0 __ ~x
xoiw ' -CJ -"£L NO J --\, 931.4 932.07 x 931 32 ...-----PAR.., --932. k
•1 ----06ash ~31.89 . '\ ...--------¾1932.32 26hac _ -;:,/ x --_ x 9hack ~ --
7
'sda32.40 6wp
931.83 4d0
-" ' ""-"·' ,,,,., JLJU1.61L --932.04 dec1 /Cli x 932.,§j__ -------= -32,dOB ~wp ( I
__,, --r ~ '---.. x 932.49 IOhack \ I x 932.30 ~
2
.42
/ , r,1,32.04 ""'32.52 241 ··-' V """" .._ .. . _,_,,
'-'r'"P I
-90'46'00" DEED
-64 'JJ'J0" DEED
64"J0'41" MEAS
·.··
... · ... :
X 932.39
··::::
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I
-932-___,,
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X 932,08
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'----
vER
~RCITY)
lNNETONKA
PROPOSED HARDCOVER
CALCULATIONS (PER CITY)
0-75' ZONE FROM O.H.W. OF LAKE MINNETONKA
"t-
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m I I
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VEWAY
{ZONE
A. 10 SQ. FT. OF HOUSE
B. 893 SQ.FT.OFDECK
C.-0-SQ. FT. OF BITUMINOUS DRIVEWAY
D.OSQ. FT. OF CONCRETE
903 SQ. FT. TOTAL HARD SURFACE
+ 18,154 SQ. Fr. OF PROPERTY AREA IN ZONE
4 .9°/o \:ll\.1ll) SUR\1 t\Ct t\'RH,. \N 'Z.GNt.
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93J.95
I ~L,V
\ ~
934.11
IVER PROPOSED HARDCOVER
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LAKE M.
,,,---4-24-C
/ ELEV.=
-9'±
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0 20 40
SCALE IN FEET
TREE SYMBOL KEY
BALSAM BALSAM FIR
SCP SCOTCH PINE
WP WHITE PINE
WSP WHITE SPRUCE
AV ARBORVIDAE
BASS BASSWOOD
BOX BOXEIDER
DECIO DECIDUOUS
HACK HACKBERRY
MPL MAPLE
WOAK WHTIBOAK
LEGEND
~ENOTESIRONSET
• DENOTES IRON FOUND
0 DECIDUOUS TREE * CONIFEROUS TREE
¢ POWERPOLE
DENOTES DIRECTION OF SURF ACE FLOW
= DENOTES EXISTING ELEVATION
(=) DENOTES PROPOSED ELEVATION
WWESTFLOOR
GARAGE FLOOR
TOP OF FOUNDATION
LEGAL DESCRIPTION
The land n:fcrrcd to is situated in the State ofMN,"Comity of Hennepin, and is desm.Oed a., follows:
Parce l 1: That part ofLot2 and vacated portion of Center Avenue desm"bod as follows: Beginning at the inter..cction of the Westerly cxtcnsK>noftbe
Northerly line of said Lot 2 with the Northerly extension of the westerly line of Lot 3 thence Southerly along said Northerly extension of said Westerly
line to the Soulhwest comer of said Lot2; thence Easterly deflecting to the left 90 degrees 46 minutes to the shore of Lake Minnetooka; thencc:Northedy
along said shore line to the Northerly line of said Lot 2; thence Wcstc:dy along said Northerly line of said Lot and the same extended to the point of
beginning in RemrangementofOrono Point, accordlD.g to the plat thereof on fileorof rec.oJ'd in the officeoftheRcgistcrofDeeds in aod for said County.
(Certificate No. 656982)
Pan:cl 2: The South 100 feet of Lot l; That partofLot 10 and that part of Center Avenue u platted but now abandoned. desc:ribcd as beginning at the
Southwest corner of Lot 2; thence Northerly along the extension of the Westcrty line of lot 3 to its intoscction with the extension of the North line of the
South 100 feet of Lot l; thence East to theNorthwestcorncrofthc South 100 fcctofLot l ; th.co.cc Southerly along the Westerly lineofLots 1 and2IO
the place of beginning; lying North of the Westerly a.tension of the South line of said Lot l; all in Reaaaogcmeot of Orono Point, aocording to the
recorded pl.Bl: thereof on file and ofmxml in the office oftheRegistcrofDecds, Hco.ni:pin County, Minnesota. (Cc:rtificat.eNo. 656981)
Parcel 3: those parts of lob 2 and 3, Reaaaogcmcnt of Orono Point, according IO the recorded pl.Bl: thereof, described as follows: Beginning at the
Northwest corner of said Lot3; thence southeasterly. along a line drawn at an angleof64 degrees 33 minutes 30 seconds from the westerly line of said
Lot 3, as mcasumi from south to cast, IO the~ ofl..ake Minnetooka; tbcoce northerly aloog said sbo~ to an intersection with a line dnlwn from the
poi.otofbeginning. at an angle of90 dcgn:cs 46 minutes from the westerly line of said Lot 3, as mcasumi from the southeast to northeast; tbcoce
southwesterly, aloog said line so drawn to the point ofbeginning.
SITE ADDRESS -1220 BRACKE'ITS POINT ROAD
ORONO, MN 55391
PARCEL AREA (I'O O.H.W.) -49, 721 SQ. FT.: I 1.14 ACRES=
P.lN.-ll-117-23-32--00 18
BENCHMARK
STANDARD DISC SOU111EAST CORNER BRIDGE NO. 7258 . CSAH #SI CRYSTAL BAY @NORTII ARM BRIDGE
ELEV. -94721
I HEREBY CERTIFY THAT THIS SURVEY, Pl.AN,
OR REPORT WAS PREPARED BY ME OR UNDER
MY DIRECT SUPERVISION AND lHAT I AM A
DULY LICENSED LAND SURVEYOR UNDER THE
LA~~~
DATE J -µ";"°•,:1, REG. N0.19522
KIM A. REAUME
UCENSRD LJ.ND SURVEYOR
BOOK PAGE
36 52
PROJECT NO SHEET
763--475-1314
763-475-I0ISFAX 2006-24-
EMAIL-~ REVISIONS
3305GARLANDUNBN.
PLYMOUTB.MINNESO'IA 55447
PROPOSED DECK, AVERAGE l.AKESHORE
SETBACK, REMOVALS
6-20-06 KR
PROPOSED HARDCOVER
CALCUIATIONS (PER CITY)
0·7' ZONERlCM OB. W . Of UXEMINNEI'ONV.
A,. lll SQ .Fr.oPBOU5E
~ ':
1
~:~:~~OUSmlVEWAY
n.1150.Fr. (JfCONCl£[£
!IQlSQ.FT. TULU.BilDSUi.FACE
•W5:!50.PT.OfnoPO.TYAUAINZONE
.f.9'1,H.UDStml'ACEilEAIN2DNE
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CERTIFICATE OF SURVEY AND TOPOGRAPIIlC SURVEY FOR
JULE M HANNAFORD IV & ELIZABETH HANNAFORD
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LAKESHORE SETBACK DETAIL
SCALE: 1" = 30' -0"
/
•--~
•
H E'KB BA LOWIN.
~AND ARCHITEC'f
4-196 W 1(}61H JO 5'1' ROAN MN_.
5 6 3 6 2
\
\ PAR1 _,., LOT 10
\\ 9JJ.23
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NOR71-1£RLY fXTENS/ON OF
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◊~ I
~ \ CONCRETE
-'==---STEPPING
STONES
30.6
64.0
SEWER PIPE__,
5.6
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. CONCRETE
\,· STOOP&~
STEPS
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\ \CONCRETE -CANTILEVER
-\_RETAINING
WALLS
6.d
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(-DECK-
0. I J ~ I
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33.31 .,,,--
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,,..--BITUMINOUS--,,...-----
93J.42
CONCRETE I
WALK
937.44
sH/
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IJJ,01
/ / 6ginko
~ NORTHERLY LINE OF L
-"-;----< "-/ ~')
c.:Jillocust SJ.,.
.,....-9
X 933./}B'
I 932.92
32~o~t
1 J':2.~32.71
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) 3.09 ,,..-/ .r::l cust _ -
/ ~-
'.32-:§5 /
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~.11
I ~30. 32.66
0 32.29 8/ocust
32.82 ---PARCEL NO 1
20/ocust cedar Q Q 932.53
x 14/ocust 931 ·88 932.68 0, / ~ "-.. ....._ 16/ocust
-~ V931.73 ....._ -....... --93 x 932.20
~31•~931,78 •
3 X 931,78 <-------_.---....._
X 932.48
X 932.49
D932_45 v·,o
~ ----
\
X 932.16
.r:)_ 932.JB
l.C,-)2Bwoak
3 / 4cedar ....._ ...__
932.~Q~J1,77 X931.81 ...__ "-.. r
931.63 \ l /
X •3 'J-;)_ ~11·53 0931.72 X 931.52 \ I
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TRACKING SHEET
FILE NO. 06-3220
Staff::\✓\{ 1(1 '. i
SITE ADDRESS: 1220 Bracketts Point Rd.
Applicant: Herb Baldwin
Landscape Architect
Address: 4196 W 185th St.
Owner: Jule Hannaford N &
Elizabeth A. Hannaford
Address: 1220 Bracketts Point Rd.
□
□
~
□
□
Jordan, MN 55352 Wayzata, MN 55391
Meeting with Staff Date:
Application Completed Date: 60 Day:
Incomplete Notice Sent Date: l17 \/1 ~1ou ,t , V ~ '
Copy of Application Sent to:
__ Engineer _ County DNR MCWD LMCD
Property Owners Notified: Date: _______ _
Legal Notice Published Date: --------
PC Meeting(s): Vote: ---------------------
Vote: ---------------------
Vote: ---------------------
D Notice of PC Action: ---------------------
City Council Meeting(s): _____________ Vote: ______ _
Vote: --------------------
_____________ Vote: ______ _
□ Resolution: