HomeMy WebLinkAboutProject PacketCITY OF ORONO - VARIANCE APPLICATION
Initial Application Fee $175..00 ;,moo r,
($50.00 per each additional variance)
Renewal Variance Fee $100.00 �y
(no change from original application)0 ;y
After -the -Fact Fees (Double application fee)
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PROPERTY LOCATION
Site Address l A o2 q 130�wS D-0NT /20A •'� .
kr,nr,Arty Identification Number ( P. I . D. ) III- I (r7- a 3 - 11 -Ooos
t,l ;lr 6,kIbYO
��t1 r Ll I AVl y
i .iJVr �i Vii_ 1 .,r 11
Attach lee description to application if not included on
required s, 3y.
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APPLICANT Phone (home) Y 71 - O 3 2(m,
Name *1R5 ERALD NEL(,aA- Phone (work) 34g- Sot rl
Address: )01 PT RD_ City: LIRO/vp Zip: S_S 347/
--------------------
OwNER (if different than applicant) Phone (home)
Name S R wN C. Phone (work)
Address:
City: zip:
c�
Date Property Acquired i, 1`l� % (month/year)
I (S) (do not) also own the adjacent parcels of land.
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PRESENT USE OF PROPERTY
Present Zoning District Li< i
Present Use of Property 2 Residential
Other (specify)
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DESCRIPTION OF REQUEST Estimated Construction Cost $ 74.00
Describe request in detail: EN lost E rl;' 3-reizi Recege-i AREA Udr4 1AAk
]0'1u,.L.L� Roo groyele- P-E14g &-ArT—y�_(ase.T )f 10 _ 7h,s Wit► "I CL tI,NTLy
VARIANCES -------- PRQUIRED r- oVeawr-Try -e7z e _ A�t�ie�cFwe doegMOT %wGRE4rdr rat 4010U -
e F N4wbCrvviz mw the 4rP,4#1 -y,
Lot Area Lot Width ? Hardcover
Setback Variances (
Other
Front Side Rear)
HARDSHIP
Describe undue hardship or practical difficulty resulting
from stri.
enforcement of zoning regulations: t ,.-�...�.
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventin co m fiance
with Zoning,
Code Requirements:
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Pa -A Qt
REQDIRED
SUBMITTALS
Completed Application Form
Certi`ied Property Owners List of owners within 150' (you
must obtain
this list from iiennepin County Department of Finance A-603
Govt Center
348- ,271 ; .
i.
Plat Map (obtained with property owners list).
4.
':ertificate of survey (signed by a licensed surveyor)
to include
hardcover calculations as required.
_51
Topographic survey (existing and proposed elevations) if
any changes
in txistinq grade are proposed.
\6.
Sketches or plans of floor and elevation views.
7.
As an addendum to this application, please at-ach a separate
'ist of
any oti.-r rerzons you wish notified of this application.
8.
Additional items as may be requested by City staff.
YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR
A WORKING COPY (11" X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.
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The Applicant and Property Owner must sign -his application. Please
remember that your variance application is not complete if the above
information has not been included.
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Certification by Clerical Department that Variance Application is complete.
Initialed by Clerical Staff: Date_
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APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay additional fees (staff
time not covered ')y original fee payment) and/o•- consultant expenses
incurred in review -:,f this application, and certifi�_s that t.1e information
supplied is true an(. correct to the best of his/1-er knowle,,dge.
Applicant's Signature y�a�`�'X^� Date
r
OWNERS SIGNATURE
The owner hereby ackowla-'• es and agrees to tnis application and further
authorizes reasonable ent:, onto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature
Date 2
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Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Appl::ants must be present at all scheduled
review meetings of the Planning Commission and Council. if an applicant is
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend in your place and to advise the Building 6 Zoning
Office of this change prior to the meeting.
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "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 inform-
ation.
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 informatics: -nay be shared with other local, state
or federal agenc:.es to tt. extent necessary to process
the permit or license.
4. If your requested permit or license reqires council
action to approves, some information may become public.
5. You have certian rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application cr permit.
First Middle Last
/C L`i f3,'</.i ; I,7 /?1)
Address
L'i , it, , L ) .-, ) s' � • /
Date of birth(does not apply to building/general permits)
Phone
I understand any rights as stated above.
Y /
X
Siqpfitture
513.04 RIGHZS OF SUBJEMS OF DATA
Subdivision L Type of data. The rights of individuals 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 13.83, subdivision 5, to a law e.,:w. •ement officer.
The commissicner of revenue may place the notice recuired under t"s
subdivision in the :nc.,vieuai Income tax or property tax refund instrUC:ions insteac of
on those forms.
Subd.3. Aceea to data by individual- Upon recuest 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 hits
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 bee-,
shown the private data and informed of its mewling, the data need not be disclosed to
him for six months thereafter unless a dispute or action pursuant to this section is
pending or adcational data on the in: M,..: l has been coIlected or created. The
responsible authority shall provide copies of the private or public data upon request tiv
the individual s ,bject of *he data. i tie responsible authority -na%' recu:•e
requesting person to pey the actual costs of mak:ng, cert.fylny, and cornpilins :�C
Codes.
the .responsible authority shall comply ;:rimed ately if pcss;ble, with any req,�uest
:trade pursuant to this subdivision, or wit.'-= five days of the date of the recuest,
exclucang Sat'.:.':..°�5, Sundays and le,-', hcli�ays, if lmme':.'a a cCm:)liance is not
ppSSi`Jle. Lf he cannot CO^ p1v with the recuest within that L'me, he shall so infcr m the
individual, and may have an additional five days within which to comply with the
request, excluain5 Sa:urdays, 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 concer ing himself- T o
exercise this right, an individual shallnotify in writing the responsible authority
describing the nature of the disag-eement. : he responsible authority shall within 30
days either-: (a, correct the data found to be inaccurate or incomplete and atte.:.pt to
notify past recipients of inaccurate or incomplete data, including recipients named by
the individual; or (b) notify the individual ::hat he believes the data to be corre=t.
Data in dispute shall be disclosed only if the individual's statement of disagreement is
included with the disc'.csed data.
The determination of the responsible a;::hority :nay be appealed pr.-suant to the
provisions of the ad:nLnist: ative procedure act relating t.) contested cases.
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the admitting Prrpont OL
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of M• •.'atvlp 'eal0ance
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Frm IOQ�l�aN uN Do^n1 /°'
i aiabaok rtrx 1� Oonsola- v.lo a^
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'unal
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.aide Rand Sao",Wovd Of , on �
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7 T
S No SID GI/ fwN�
AvgrltM seat", awovr of a Wworgr• tfelDrk
a lakew a dark
at tMs lime 1M maet'r10'led PW're a.al
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C.rLanc• to tar ea•won o•
10 D• e.le^ded ale, an a'ea arardr occuple9
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01 581 Mort" 9sta0^
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6uft0nG t" Ion'^G ad^"�' ar'
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rva
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11iv0�
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a .. 3 iWac
Dole j .
Affidavit of Publication
State of Minnesota, County of Hennepin
Bill Holm, being duly sworn, on oath says that he is
an authorized agent and employee of the publisher
of the newsp,:Der known as THE LAKER. Mound, Min-
nesota, and has full knowlc.:ge of the facts which are
stated below.
A.) The newspaper has complied with all the require-
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A.02, 331 A 07. and other applicable lain s, as
aniended.
B.) The printed
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week for / successive weeks
It was
1 j�"f�first published Monday.
the J" day of 193L
and was thereafter printA and p blished every
Monday, to and including Monday,
the day of
19_;
Authorizeo Agent
MARIE rTA A STRAUS t
aav PU81. Ic
r CARVER COUNTY
4r 00WWiS5_'r EXPIRES 3'-vB
Subscribed and sworn to me on this
day of l - ` 19 7
By
Notary Public
Rate Information
11 Lowest classified rate paid byy Commercial users !er coroara
We space 69 80 per inch
i 2Maximum rate allowed by law to, above matter S9 80 per vxh
3' Ra!e actually charged for above matter S5 20 per inch
Eacn additional' successive week $3 38 per Inch
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS.
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the mat— er of #1556, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my nand and seal
this 29th day of June, 1990.
Jam1 Fosma
CITY OF ORONO - NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, July 16, 1990 to
review the following land use applications:
1. 11553 Mike Pierce of 480 Deborah Drive seeks a height
variance for entrance monuments and an electric gate within
the front street yard of the property.
2. #1554 Timothy R. Gramentz of 4680 North Arm Drive seeks a
lot area variance and side setback to rebuild a new
residence on an existing foundation.
3. #1556 Gerald Nelson of 1629 Bohns Point Road seeks approval
of a hardcover variance to enclose an existing 3-sided
recessed area of the existing residence.
4. #1559 & 41560 John and Roberta Henrich of 4125 Highwood
Road seek approval of hardcover and average lakeshore
setback variances for the installation of a pool within the
lakeshore yard and a conditional use permit to permit
certain land alterations in excess of the allowed 100 cubic
yards involving installation of retaining walls.
5. 01561 Christine Beck of 3820 Cherry Avenue seeks approval
of a lakeshore setback variance for the extension of a
lakeside deck to be extended over an area already occupied
by the principal residence.
6. #1562 Jack and Beverly Grundhofer of 581 North Stream Road
seek a conditional use permit and variance for the
installation of a dock structure located within a designated
wetland.
7. 01563 Maurene and Jerry Denzel of 1295 Elmwood Avenue seek
approval of a side setback and hardcover variances for a
proposed 24'x28' detached garaqe to be located within the
street yard of their lakeshore property.
8. #1565 Leesa and Richard Anderson of 3205 Crystal Bay Poad
have filed an after -the -fact hardcover variance fur a
lakeside deck constructed withou* a building permit and in
addition have applied for side setback and hardcover
variances for a proposed extension of the deck, screen porch
and gun room addition to the existing residence.
9 01566 Dr. & Mrs. Thomas Regnier of 1205 Flmwood Avenue seek
approval of a side street setback variance for a prolosed
addition to the existing residence.
10. 01567 Robert and LouAnn Powell, Jr. of 2916 Casco Point
Road seek approval of an average lakeshore setback variance
for a proposed deck to be installed at the lakeside of the
existing residence.
Notice
June 26, 1990
Page 2
11. #1568 James and Judith Pierpont of 1801 West Farm Road seek
approval of a side setback variance and conditional use
permit for the conversion of an existing barn into an
independent guest house unit.
12. #1569 Sam McCloud, the owner of an undeveloped property
located at 4280 Bayside Road, seeks approval of a front yard
setback variance for a proposed residence.
All persons wishing to be heard will appear at this time. The meeting
starts at 7:00 PM. Written comments are solicited. Plans are available
for review in the City offices by appointment.
City of Orono
By: Planning Commission
JeAnne A. Mabusth, Building & Zoning Administrator
To be published the week of July 2, 1990.
VA
To: Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning 6 Zoning Administrator
Dates July 9, 1990
Subject: #1556 Mr. 6 Mrs. Gerald Nelson. 1629 Bohn's Point Road
Variance - Public Hearing
Zoning District - LR-lB, Single family lakeshore residential, 1 acre,
sewered
Application - Request for hardcover variance to construct room
addition over existing grade level hardcover area
List of B:hibits
Exhibit
A
- Application
Exhibit
B
- Plat Map
Exhibit
C
- Property Owners List
Exhibit
D
- Survey
Exhibit
E
- Hardcover Calculations
Exhibit
F
- Construction Plans
Exhibit
G
- Resolutions #1726 and #2534
Pertinent Facts -
1. Allowed 75-250' hardcover (per Resolution N1726): 4725 s.f.*
2. Existing 75-250' hardcover as of June 1990: 5776 s.f.*
3. Applicant is requesting to enclose an existing alcove area on the
north side of the house, which currently is hardcover (concrete
slab) but which was not originally approved as hardcover.
4. The proposed construction meets all required setbacks, and will
have no visual impact in the neighborhood.
*Additional 900 s.f. sand -bedded deck was allowed as non -hardcover per
Resolution 01726, and does not appear in these calculations.
Discussion
The proposed addition is minor in scope relative to the existing
house, and wi I 1 probably not be visibly noticeable by anyone except
the adjacent neighbor. However, absent the visual impact, the
proposal doer, increase the amount of structural hardcover on the
property and review of the request has found existing hardcover is
significantly in excess of that at.-pr-ved in Resolution 01726.
Zoning File #1556
July 9, 1990
Page 2
In 1984, the builder of this residence, Bill Krutzig, was granted
a building permit to construct a house with a minimal driveway, and he
immediately applied for variances to construct sidewalks, decks, and a
larger driveway.
The result of that application was to allow only the 25% standard
hardcover, but in addition allowed a 900 s.f. deck constructed over a
sand base with specified plank spacing, so that that deck would not be
considered hardcover. There were perhaps a handful of similar
applications for decks approved by the Council as "non -hardcover" in
early 1985, a practice which did not continue.
Disregarding the deck, existing hardcover within driveway,
sidewalks, etc., is approximately 1,051 s.f. in excess of that which
was approved. It is likely that the hardcover additions were not
verified upon completion of the house, and the various hardcover items
contributing to the excess probably occurred over a three year period
while the house was being constructed.
The current owners purchased this house in June 1987. Inspection
records do not confirm when the driveway or sidewalks were installed,
and those items do not require permits, hence the - 'y's actual
ability to monitor hardcover increa.3es on a given prop--rty is very
limited.
Staff Recosaendation
The following issues should be addressed by Planning
Commission:
1. Will the proposed addition be approved?
lsc
2. Should the City require any concurrent reductions to
hardcover, i.e. reduce driveway, sidewalks, etc.? It appea-s
that both sidewalk areas end driveway were constructed wider than
proposed by the builder.
r
:, "I 646c, 44/007
L-A
RUN DATE 06/13/90
•
BATCH 001
38 08-117-23 44 0015
•
PROP ADDR
015Q5 BOHNS POINT RD
OWNER NAME
C J A S L MINSLOM
TAXPAYER
CLARK J A SHARON J WINStf"A
NAME/ADDR
15Q5 BOHNS POINT RD
WAYZATA MN 353Q1
•
38 17-117-23 11 0005
PROP ADDR
01629 BONS POINT RD
OHM R NAME
G R NELSON A B A NELSON
TAXPAYER
GERALD R A BARBARA A NELSON
•
NAME/ADDR
1629 BOHN'S POINT ROAD
WAYZATA MN 553Q1
•
38 17-117-23 11 0006
PROP ADDR
00038 ADDRESS UNASSIGNED
OWNER NAME
J M DAYTON A E J DAYTON
•
TAXPAYER
JUDSJIM M DAYTON
NAME/ADDR
1655 BOHN'S POINT ROAD
WAiZAtA MN 553Q1
•
•
•
•
•
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 17-117-23 11 0003
01675 BOHNS POINT RD
THE BANK WAYZATA TRUSTEE
THE BANK WAYZATA TRUSTEE
C J WINSLOW RETIREMENT TRUST
900 E MAYZATA BLVD
WAYZATA MN 55391
38 17-117-23 11 0006
01635 BOHNS POINT RD
DOUGIAS W LOHMAR A WIFE
DOUGLAS N LOHMAR
1635 BOHNS PT RD
WAYZATA MN 55'91
TOTAL BATCH CI L 00007
REPORT NO. PI435401
PAGE 1
38 17-117-23 11 0004
00038 ADDRESS lR1ASSIGNED
D A S ANDERSON ET AL
DAVID A MARGENE FOX
1645 BOHNS PT RD
WAYZATA MN 55391
38 17-117-23 11 0007
01645 BOHNS POINT RD
b A M FOX
DAVID K A MARGFNE FOX
1645 BOHNS POINT RD
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRITE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEPIJEPIN COUNTY DEPARIMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWIFUb! ANU BtLicr
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City of ORONO �
RESOLUTION OF THE CITrjO VNCIL
NO. 1726 .'����
fV A RESOLUTION DENYING A VARIANCE TO f�• :'1 4
MUNICIPAL ZONING CODE Id
SECTION 10.22, SUBDIVISION 2
FILE NO. 881.
WHEREAS, Krutzig Custom hornes, Inc., a Minnesota
corporation, (hereinafter "the Applicant") is owner of the
property located at 1629 Bohn's Point Roat' within the City of
Orono (hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey No. 565, Hennepin County,
Minnesota (hereinafter "Property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2,
to permit the construction of decks, sidewalk, and driveway which
would increase the hardcover from 3,950 square feet or 21% to
5,950 square feet or 31.5% in the 75' to 250' setback zone where
only 25% or 4,725 square feet of hardcover is allowed; and
WHEREAS, the City Council has considered this
application including the findings and recommendations of the
Planning Commission, reports by City staff, comments by the owner
and effect of the proposed variance on the health, safety and
welfare of the community.
NOW, THEREFORE BE IT RESOLVED that the City Council of
Orono, Minnesota, hereby denies the application of Krutzig Custom
Homes, Inc. for a variance to Municipal Zoning Code Section
10.22, Subdivision 2 for the property legally described above,
based on one or more of the following findings:
1. The Orono Planning Commission reviewed this application
on November 19, 1984 and recommended denial of the
application based on the following findings:
a) Applicant was made fully aware by City staff of the
hardcover limitations on the property at the time of
application for a building permit.
b) The lot is substandard in area and width in the I.R-
1B Zoning District in which it is located; however, the
property is substantially large enough that it could be
developed within the hardcover limitations.
c) The additional hardcover requested is not necessary
to preserve a substantial property right of the owner,
and the conditions leading to the need for a variance
were created by the applicant.
p'l It,- I c, 1 11
City of N160.
RESOLUTION OF THE CITY COU6�IL
NO. 1726
1) The property currently accepts the natural flow of
runoff from the surrounding properties and additional
hardcover will decrease its capacity for accepting this
flow.
2. The Council f i nds that the proposed deck design, which
includes 5-1/2 inch decking with 1/2-inch spacing, underlain
by a. level sand absorbtion layer of 12" thickness, with no
barrier layer between the sand and the underlying ground
surface, has been demonstrated by applicant to be
sufficiently permeable in this instance so as to not be
considered hardcover.
3. The Council finds no undue hardships to the property
that justify granting a variance to the hardcover limitation
of 4,725 square feet in the 75-250' setback zone.
FURTHERMORE, BE IT RESOLVED that the City Council of
Orono hereby approves the construction of deck, sidewalk, and
driveway improvements to the property subject to the following
conditions:
1. A permit for the proposed deck of 900 square feet in
area must be obtained prior to construction. The deck must
meet the following minimum design requirements:
a) Width of decking boards may range from no less than
4" to no more than 8" in width.
b) Ratio of board width to spacing width may be no
greater than 12:1 (8.338 open space).
c) A 1/2-inch high wood strip must be installed along
the upper perimeter of the deck to prevent direct
runoff.
d) A minimum of a 12-inch depth of sand must be placed
under the entire area of the deck and extending
downward through any fill layers to the original soil
surface.
e ) The deck platform sha l 1 be no higher than 12" above
finished grade, or if it is higher, a suitable barrier
must be placed between the deck and the ground surface
to prevent any access which would allow future place-
ment of impermeable materials (plastic, concrete slab,
etc.) under the deck.
page 2 u f .;
City of OR ONO
RESOLUTION OF THE CITY COUNCIL_ ►y�.e.;
NO. 1726 J •,�'''!
2. The applicant is placed on notice that the deck and the
areas above and below it may never be covered with
impervious materials, enclosed, or in any way altered so as
to become hardcover, without the granting of a hardcover
variance by this or a future City Council.
3. The sidewalk and driveway are limited in hardcover to a
total of 775 square feet, and any porous pavement or other
innovative surfacing methods proposed to be used in order to
exceed this amount are subject to review by the City.
4. Violation of -, n(,n-compliance with any of the terms and
conditions of this resolution shall constitute a violation
of the zoning co.i-, shall automatically terminate any
authority granted hr, ein, and shall be punishable as a
misdemeanor.
5. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Adopted by the City Council on this llth day of
February, 1985.
ATTEST:
f
,15dirrothy M -rlalli'n, City Clerk
1) Property Owner'
Mary C. Butler, Mayor
s,
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
On this S� day of 19n5 , before me a Notary
Public withinand said County, personally appeared
known to me to
e the person(s) described ^in and who executed the foregoing
instrument, and acknowledged that tie (they) executed the same as his
(their) free act and deed.
PON
MICFINEL P. C' NrFiEso "
ryOTAR'f PUBLIC Nr( a
y VW04EPIN COIL �f
MY GO, "SlonI,,puee.1,
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NorARY PuuLic �`,
MY COMM ISSI N EMPIRES
On this _ day of _ 1985, before me a Notary
Public within _ and for said County, personally appeared
known to me to
be the persons) described in and who executed the Foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) :ree act and deed.
NOTARY PU(3LIC------------------------
MY COMMISSION -EXPIRES -
r
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hall in, amity Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of d resolution of the City Council of t,.e City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on _ _ February 11 _ 19 85 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto s::t my hand and seal this
1st ----- day of March ----- —19^85,X16_.�•
othy M. allin, C ty Clerk
(SEAL)
This document is being recorded for Lire benefit of tliL City of Orono per
Minnesota Statutes 386.77.
Thomas J. Radio, -City Attorney
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
HENNEPIN COUNTY. MINNESOTA
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COFFIN & Gk)%BERG. IN(:.
Engineers and land Surrey:.rs
Long lake. Wmntsota
N..
City of ORO O
I
RESOLUTION OF THE CITY COUNCIL ,( r
NO. 253 ; f
�r V
A RESOLUTION GRANTING
AFTER -THE -PACT VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55, SUBDIVISION 8 AND
AN AFTER -THE -FACT CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1309
WHEREAS, Gerald Nelson, (hereinafter "the applicant") is the
owner of the property located at 1629 Bohn's Point Road within the Cite of
Orono (hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey 0565, Hennepin County, Minnesota
(hereinafter "property"), and
WHEREAS, the applicant has made application to the City of Orono
to allow a pond of approximately 165 s.f. constructed without the necessary
permit review, located within the lakeshore protected area, and within the
floor plain of Lake Minnetonka where no such alteration is allowed per
Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, and in
addition, seeks a conditional use permit per Section. 10.03, Subdivision 19
required for the installation of a pond.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #t1301.
2. The property is located in the LF.-lB Single Family Lakeshore
Residential Zor.-ng District requiring a minimum of 1 acre in area per
residential unit.
3. The property is approximately .8 acres in area.
4. The Orono Planning Commission reviewed this application on August
15, 1988 and October 17, 19i49, and recommended approval of the after -
the -fact variances and conditional use permit as set for*h above,
based on the following findings:
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2534
A) The improvement as amended by the Planning Commission will
provide the least impact on the adjacent lake and within the
flood plain of Lake Minnetonka.
B) The excavat:i- of the pond has been equalized by the
placement of the gated fill within the flood plain area and
has been found to . no negative impact on the flood plain of
Lake Minnetonka not or. the adjacent properties.
C) The property receives the majority of run-off from the
adjacent properties located within the immediate watershed.
D) The installation of the pond and the drainage path
constructed in the south side yard that carries run-off to the
pond and eventually to the grassed lakeshore yard meets the
original intent of the grading and drainage plans approved at the
time of development of this property.
5. The City Council finds that the conditions existing on this pro-
perty are peculiar to it and do not apply generally to other property
in this zoning district; that granting the variance would .rot
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
6. The City Council finds that granting a conditional use permit to
allow a 165 s.f. retentior pond as amended by the City will not be
detrimental to the health, safety or general welfare of the public,
would not adversely affect light, air nor pose a fire h»ard or other
danger to neighboring properties, nor will it depreciate surro�.nding
property values and that the proposed level of use of the property
will be in keeping with the intent and obje-tives of the Zoning 'ode
and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of --he above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections 10.22,
Subdivision 2, and Section 10.55, Subdivision 8 and grants a conditional
use permit per Section 10.03, Subdivision 19 to allow the retention pond to
remain within 75' of the lakeshore and within the flood plain of Lake
Minnetonka where no such excavations are allowed, subject to the following
conditions:
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2534
1. The plastic liner underlying the entire pond excavation and the
crushed rock/wood chips with underlying fabric are to remain as
installed.
2. New plantings within lakeshore yard may remain as long as
underlying geotechnic or filter fabric is removed. wood pulp/chips or
crushed rock may remain as long as they are installed on top of
existing or natural grade.
3. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
applicant completing the directives set forth above within the
lakeshore yard by November 15, 1988 or the special condit-ons of this
resolution will expire on that date.
4. Violation of or non-c^^r)liance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
code, shall automatically terminate any authority granted herein, an('
shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 24th day of October,
2 988.
ATTJST:
orothy M allin, City Clerk
Property Owner(s)
Jame R. Grabek,- Mayor
l �
Page 3 of 4
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 7, 1990
Subject: #1556 Mr. & Mrs. Gerald Nelson, 1.629 Bohns Point Road -
Variance
Zoning District - LR-1B, Single family lakeshore residential, 1
acre, sewered
Application - Request for hardcover variance to construct room
addition over existing grade -level hardcover area.
List of Exhibits
Exhibit - Planning Commission Action Notice 7/17/90
Exhibit B - Planning Commission Minutes 7/16/90
Exhibit C - Memo & Fxhi_bits of 7/9/90
Discussion
Please review the memo and exhibits of July 9, 1990, and the
Planning Commission minutes. Briefly, the applicants request a
hardcover variance to enclose a 71x10' existing hardcovered
alcove to create a closet. Although the existing hardcover
percentage would not increase, a hardcover review determined that
the hardcover existing as of June 1990 exceeds the hardcover
approved in a previous resolution by 1,051 s.f. (allowed 25%,
existing today is 30.6%);
As staff noted in the Planning Commission memo, the City's
ability to monitor hardcover increases on a given property is
constrained by a number of fact.urs. In this specific
application, the excessive drJveway and sidewalk areas were
apparently constructed before the applicant purchased the
property.
In discussing the hardcovet excesses with the Planning
Commission, applicants felt that the existing driveways and side-
walks were just adequate for the property, and while hardcover is
excessive numerically the existing improvements are functionally
approp►iate for the house. They felt that removals of existing
sidewalks or driveway would be a problem.
The existing 5,776 s.f. of hardcover is 30.6% of the 75-250'
zone. This does not include the deck on the west side, which was
specifically approved as non -hardcover (see July 9th memo). This
also does not include the rock beds which have a fabric
underliner which was generally allowed at the time this house was
constructed. These rock beds have been estimated by staff at
approximately 600 s.f.
Zoning File #1556
August 7, 1990
Page 2 of 2
Planning Commission Recoss endation -
Planning Commission voted 3-2 to recommend denial of this
request based on no hardship and the fact that hardcover exceeds
the previously imposed limits. The minority opinion was that the
addition is minor in the scope of the overall hardcover on the
property, and that the sidewalks and driveway as they exist are
functionally appropriate for the property.
Staff Reco�endation -
Council would have the following options:
1. Conceptually approve with no hardcover changes,
directing staff to draft a resolution for your next meeting.
2. Grant conceptual approval subject to removal of existing
hardcover in the 75-250' zone to a level of 8, staff to
draft a resolution.
3. Conceptual denial per Planning Commission
recommendation. If conceptual denial adopted, does Council
wish to pursue the existing hardcover excess?
4. Other.
Based on Council's action, staff will draft a resolution for
your next meeting.
ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990
ZONING FILE #1553-PIERCE CONTINUED
Mayor Grabek asked Mr. Pierce what action he would prefer to
have Council take. He stated that Council must vote on what has
been presented, but that tabling was also an option.
Mr. Pierce indicated that his questions had all been
answered, but that he preferred tabling to denial.
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to table application #1553. Motion, Ayes-4, Nays-0.
Motion passed.
#1556 GERALD NELSON
1629 BOHNS POINT ROAD
VARIANCE
Mr. Nelson was present.
City Administrator Bernhardson reviewed the information
regarding the subject property and Mr. Nelson's application (see
Michael Gaffron's memo dated August 7, 1990).
Mr. Nelson said, "We purchased the house 2� to 3 years after
it was built. The areas of excess hardcover referred to by the
Planning Commission was already there. I believe that 775 s.f.
was allowed and that is not enough to provide an adequate
driveway. The existing driveway is 1400 s.f. and the walkway to
the side door and steps in front of the house bring the total
excess to 1800 s.f. I am now asking for a rear. —itry closet.
The alcove and concrete slab for the closet already exists. We
are just asking for permission to put up an additional wall and a
section of roof. It is my understanding that we exceed what is
allowed in the 75-250' zone by 5%. However, in the 250-500' zone
we have nothing. It seems to me that our request is fairly
insignificant. I'm not asking to increase the existing
hardcover."
Mayor Grabek asked staff whether the alcove had been
included on the original building plans.
Gaffron stated that the alcove was not included on the
original building plan. He showed Council a sketch of the
original plan and depicted the areas where hardcover was
originally proposed and allowed.
Councilmember Goetten stated that she is sympathetic to Mr.
Nelson becau.3e the hardcover situation that exists was not his
going. She said, "However, I have taken a consistent position on
the issue of structure over hardcover. There does not appear to
be a real hardship in this case."
Mr. Nelson replied, hardship is that there is no other
location for the closet b the house extends as far toward
- 9 -
ORONO REGULAR COUNCIL MEETING HELD AUGUST 13, 1990
ZONING FILE #1556-NELSON CONTINUED
the --"de yard as allowed."
Goetten stated that it is sometimes necessary to stay within
the confines of the structure when large houses are constructed
on limited lots.
It was moved by Mayor Grabek to approve the hardcover
variance to allow the construction of a rear entry closet. The
motion failed due to a lack of a second.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to conceptually deny application 41556 and
direct staff to prepare a denial resolution for the August 27,
1990 Council Meeting. Mayor Grabek believed that denying the
enclosure of an existing area, i' x 10', is extreme. Motion,
Aves-3, Grabek, Nay. Motion passed.
1557 MIKE CULLEN
2700 PHEASANT ROAD
VARIANCE
RESOLUTION #2849
Mrs. Cullen was present.
Bernhardson provided a summary of the information in Michael
Gaffron's memo dated August 8. 1990.
Gaffron asked Mrs. Cullen whether it is their intention to
have a fence around the pool.
Mrs. Culler replied. "There will be no fence anywhere on the
property."
It was move: kjy Councilmember Goetten, seconded by
Councilmember Peterson, to adopt Resolution #2849: approving the
hardcover and averac,e setback variances to construct a pool and
patio at 2700 Pheasa- Road. Motion, Ayes-4, r1ays-0. Motion
passed.
#1563 MAURENE 3 JERRY DENZEL
1295 ELMWOOD AVENUE
VARIANCE
RESOLUTION #2850
Mr. and Mrs. Denzel were present.
Bernhardson and Vabusth explained the Denzel's application.
Mabusth noted th.t the Denzels have discussed the driveway Ise of
the unimproved right-of-way of Summit Avenue for access with the
Public Works Director. She said, "The Public Works Director sees
no problem with this arrangement provided certain agreements are
executed between the parties."
- 10 -
APPLICATION NO. 1556
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bal, MN 55323
473-7357 Date of Notice: 8/14/90
--------------------------------------------------------------- I
Gerald Nelson COPIES:
1629 Bohn's Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
------------------------------------------------------------------
DATE OF MEETING: August 13, 1990 VOTE: 3 For 1 Against
------------------------------------------------------------------
COUNCII, ACTION - !NOTION:
Conceptual denial of requested variance. Staff to draft a resolution
of denial to be presented at the Monday, August 27, 1990 meeting. (Meeting
starts at 7:00 p.m.).
If applicant has any questions, please contact staff at 473-7357.
If you desire certified copies of the of.`=_cial Council minutes, they
are available from the City Clerk after review and approval by the City
Council.
lsv
t'n 0fjk-1 IN F09 P-A!`10 fJ
CITr OF ORONO ZONING FILE #1556
P. O. Boz 66
Crystal Bay, ME 55323 NOTICE OF PLANNING COMMISSION ACTION
473-7357 Date of Notice: 07/17/90
---------------------------------------------------------------------------
TO: Gerald Nelson COPIES TO:
1629 Bohn's Point Road
Wayzata, MN 55391
-------------------------------------------------- --------------------------
TlPE OF APPLICATION: Variance
---------------------------------------------------------------------------
DATE OF MEETING: July 16, 1990 VOTE: 3 For 2 Against
Planning Comission recosends the following:
Denial for reasons noted below
NOTES AND SPECIAL CONDITIONS:
Motion to recommend denial was based on current existing hardcover
exceeding the limits allowed in Resolution #1776. The minority opinion was
that the exisitng hardcover was appropriate, and that the originally
approved amounts might not have been realistic for this magnitude of house
and garage.
Applicant may wish to consider whether there are any areas of
hardcover that may be removed to compensate for the addition.
Applicant's next scheduled meeting is confirmed as City Council on
Monday, August 13, 1990; meeting starts at 7:00 p.m.
If you desire certified copies
minutes, they are available from the
by the Planning Commission.
lsv
of the official Planning Commission
City Clerk after review and approval
August 21, 19110
Mr. Michael P.
Ass't Planning
City of Orono
Gaffron
& Zonning Administratui
RE: Application # 1556
I)vatr- fiii ice.
Pursuant to the suggestion of several City Council members 1 am
submitting for your consideration several trade-off ideas regarding
our application in the hopes that it would be a Liatisfactury
solution and thereby be acceptable to both the Ilanniny staff and
members of the City Council.
1. Ruduce the existing driveway by the ec,uivalent amount
needed to constriir_t the arldi t.i,tn. Estimate 58-70
sc, ft. (See attached Ilan. )
2. Remove hardcover on th North side of house adjacent to tao
kitchen/dinnit►y area, as mentioned by a Planning Commissiun
member, event!iuu.;h it existed prior to our purch,,_ ing Cite
:tome in 987. Estimated at 1200 sq ft.
3. Soveral Council members were not aware this is a
level home WiLh nu uLher alLernaLives for inside storm::
since we have t+o b.,setitenL or gnu floor.
11►c Oryin.tl Clan Cur Lhi i hume ddpruved ay the city ups r r
J 2-1OV01 hum.' ti i Lh „ W,tli.-ouL basement. Apparently 41iuil
titer JIAilder chan_,-od to a ,�jn,ile-levr.l ito,ac:, he relocaLO6
lower 10%01 C:xLeriur dour to Cite main flour in place
of ,-,it6uerl► beach on6 allege we auul.i pig, ;_)ose to have access
Lu t.Itc• r...al :-i1i Clo!iet.
it.r�'��t1V�'1 j auUtttl Lt�,ti.i:
To: Mayor Grabek 6 Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, Asst Planning & Zoning Administrator
Date: August 23, 1990
Subject: i1556 Gerald Nelson, 1629 Bohn's Point Road -
Variance - Denial Resolution - Request for Further
Consideration
List of Exhibits
Exhibit A - Denial Resolution
Exhibit B - f4ww,6ag Ctmwi.esion Action Notice 8/14/90
Exhibit C - Applicant's Letter of Request for Further Consideration
Exhibit D - Memo & Exhibits of 8/7/90
Discussion
At your August 13th meeting, Council voted 3 to 1 for conceptual
denial of the variance as requested. Staff was directed to draft a
resolutiun of denial for the August 27th meeting. Tnat resolution is
attached for Council review.
Thr applicant has submitted a letter of request asking that
Council reconsider the denial based on some proposed changes in the
request. Applicant offers to r-•duce the existing driveway of
hardcover by the equivalent amcant needed to construct the closet
addition. Further, he offers to remove approximately 200' s.f. of
porous fabric material from beneath rock beds on the north side of the
house. This area has not been included in the hardcover calculation
appearing in the August 7th memo because at the time these rock beds
with fabric were constructed, fabric was a non --hardcover alternative
to plastic in the eyes of the City. While removal of the fabric from
this area would not decrease the hardcover percentage noted in the
calculations, it would have the effect of sightly reducing the amount
of hardcover on the property lased o current definitions of
hardcover.
Applicant. notes two hardships he feels are significant:
a. There is no basement or second floor in this residence
hence storage space is at a premium.
h. The exterior door that wiI1 be removed to accomodate the
closet appears to serve no real function it the contex, of
this single level residence, as compared to if this home had
a walk -out basement.
Zoning File #1556
August 23, 1990
Page 2
Staff Rec�ndation
Council would have the following options for action:
1. Adopt the denial resolution as drafted. (Note the optional
inclusions, Findings A5 and 6).
2. Approve the addition with the two hardcover removals
proposed by the applicant. In this case, Cr icil should
direct staff to draft a resolution for appro% reflecting
the noted hardships and conditions of approval.
3. Other.
lsv
APPLICATION NO. 1SS6
CITT OF O1X=
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 Date of Notice: 8/30/90
----------------------------------------------------------------------------
TOs Mr. i Mrs. Gerald Nelson COPIES:
1629 Bohn's Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
------------------------------------------------------------------
QATs Or N=ETING: August 27, 1990 VOTE: 4 For 0 Against
------------------------------------------------------------------
COUNCIL ACTION - NOTION:
Approval is conditioned on the removal of the 200 s.f. of landscape
area underlain with porous fabric and approximately 60 s.f. of existing
paved drive shown on the enclosed staff sketch.
A resolution approving your variance application will be presented for
Council's action at their September 10, 1990 meeting.
Please contact Jeanne Mabusth (473-7357) if •,ou have any further
questions concerning this matter.
lsv
To: Mayor Grabek & Orono Council Members
Planning Commission Chairman Kelley
Orono Planning Commission Members
City Administrator Bernhardson
troy: Jeanne A. Mabusth, Building & Zoning Administrator
Date: September 4, 1990
Subject: 1556 Gerald Nelson, 1629 Bohn's Point Road
Variance - Resolution
At the August 27th Council meeting, members accepted applicant's
amended proposal that proposes removal of approximately 60 s.f. of
existing paved hardcover within the driveway area and the removal of
approximately 200 s.f. of landscape area underlain with porous fabric
in exchange for. approximately 65 s.f. of new structural hardcover to
be placed over existing non-structural hardcover. Council members
accepted the hardships set forth by the applicant in his letter of
August 21, 1990.
Council conceptually approved the variance application and
directed staff to draft the appropriate resolution for action at their
September loth meeting. The enclosed resolution is presented for
Council's review and action.
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ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2866
A RESOLUTIONI GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2
FILE 1556
WHEREAS, Gerald and Barbara Nelson (hereinafter "the
applicants") are owners of the property located at 1629 Bohn's Point
Road within the City of Orono (hereinafter "City") and legally
described as follows:
Tract A, Registered Land Survey 565, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 to
permit construction of a closet that would add approximately 65 s.f.
of structural hardcover within the 75-250' setback area where 5,776
s.f. or 30.6% non-structural and structural hardcover exists. The
proposed closet addition will be placed over existing non-structural
hardcover resulting in no overall increases in hardcover within the
75-250' setback area.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
_. This application was reviewed as Zoning File 1556.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District.
3. The Orono Council rc.,iewed the applicants amended proposal on
August 27, 1990, and recommended conceptual approval of the
proposed variance based upon the following findings and
harasnips:
a) There is no basement or second floor for this residence
and storage space is at a premium.
b) The exterior door that will be removed to accomodate
the closet appears to serve no real exit function in the
context of this single level residence.
Paae 1 of 5
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2866
c) A closet addition will be placed over existing non-
structural hardcover resulting in no overall increase in
hardcover within the 75-250' setback area.
4. The City Council has considered this application including
the findings and recommendations of the Plar:ning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the abov- findings, the Orono City
Council hereby grants a variance to the Municipal Zoning Code Section
10.22, Subdivision 2 to permit the construction of a closet addition
at approximately 65 s.f. in area subject to the following conditions:
1. Applicant shall remove approximately 60 s.f. of existing
paved hardcover from the driveway and approximately 200 s.f. of
landscaped area underlain with porous fabric as shown on Page 5
of this resolution. Existing hardcover within the 75-250'
setback area would be reduced to 5,716 s.f. or 30.2% for an
overall reduction of .4%.
2. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building pe►.-idt within one year of
the date of Council approval, or this variance will expire on
that date (September. 10, 1991).
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2866
.
3.
4. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this loth day of
Se ember, 1990.
AT ST:
D othy allin, City Clerk Jam R. Grab k,
P perty Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEP�"! )
The foregoing instrument was acknowledged before me on this
loth day of September, 1990, by James R. Grabek & Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
TNaR99A LMHAAB INNESOTANotary Public
14EN
r NpIN -
..� HpEp�mmEEPsra� a �a+N�'�
Mt _
My Commission Expires
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2866
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ' ), I day of 1 , 199 L
before me A Notary Public within -and for said county, personally
appeared f A i_ i ) j Ll_ �/� i�� } ( known to me to be
the person s described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his ( their) free act and deed.
NOTA
L� /
THERESA L- NAAB
WTARY ►ugUC - MINNESOTA
HENNof Capr�on� aCPI " 64-92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this , I day of , 199 , before me
4 Notary Public within and for said County, persona fly appeared
i /,-. ,�, , , • • 1 known to me to be the
person(s) described in and who e., cuted the foregoing instrument,
and acknowledged that he (their executed the same as his
(their) free act and deed.
NOTARX-MLIC
THERESA L. NAAB
_4 NOTARY PUBUC - MiNNESOTA
�V HENNEPIN COUNTY
Iy M�wwMos M1ys �i�t
MY COMMISSION EXPIRES
Page 4 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
It
NO. 2866
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 199
before me a Notary Public within and for said county, personally
appeared known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)sz.
COUNTY OF HENNEPIN )
On this day of 199 before me
a Notary Public within and for said C�,:inty, personally appeared
kr.u:::. to me to be the
person(s) described in and who eAecuted the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Pace 5 of 5
• _ RESOLUTION t#2866
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RESOLUTION 42866
STATE Of MINNESOTA )
COUNTY JF HENNEPIN )
CITY Of ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on September 11 . 1990 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof. I have hereunto set my hand and seal this
llth day of Sept_er,ber 19 90
D othy M i allin, City Clerk
(SEAL)
APPLICATION NO. 1556
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 9/26/90
---------------------------------------------------------------------------
TO: Gerald Nelson COPIES: Edward Howe
1620 Bohn's Point Road 8032 Ensign Road
Wayzata, MN 55391 Bloomington, MN 55438
---------------------------------------------------------------------------
TYPE OF APPLICATION: Variance
---------------------------------------------------------------------------
DATE OF MEETING: 9/10/90 VOTE: 5 For 0 Against
---------------------------------------------------------------------------
COUNCIL ACTION - MOTION:
To approve per the findings and conditions of the resolution
attached.
The property owners must arrange to sign the 3 original resolution
copies at the City Offices (Monday through Friday, 8:00 to 4:30). All
persons with an interest in the property must sign the resolutions before a
building permit can be issued.
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 if no permit is obtained.
Your construction plans are Lurrently being reviewed by the Building
Inspections Department, and your contractor will be advised as soon as
review is complete so he can obtain the building permit.
POPHAM, HAIK, SCHNOBRICH 6 KAUFMAN, LTD.
3300 PIPER JAFFRAY TOWER
W VOIC 6, POPNAM
IM1tMOMO A HAIK
Mn6CM W. SCMMOMRICH
OCHVEM R^VrMAN
1111106CMT A. MIMISN
MOLPC A. WOMOEM
O. MAMC WNIT[/ICAO
6RUCC 0 WILLIS
O. M06EIK Jam NSO"
OAMY R. MILCOMSCw
ROMCRT S. SUMII
"UGH V. PLUHKET, 111
•R[DCRICK C. SMOWH
TMOMAs K. Mcwo
JAMES M. DMUCK
JCr/REY S. 14ALPCMN
BRUCE D. MALKCMSON
JAMES 0. STCILCN
JAMES M. LOCKHANY
ALLEN W. HIMDCMAKCM
CLIF►ORD M. Om[cMC
D. WILLIAM KAUr MAN
PAUL M. ♦ICT2
MICNACL O. rRCCMAN
HOWAR0 SAM MYCIIS, 111
LARRY D. CSPEL
JANIE S. MATEMON
THOMAS J. BARNET
JAMES A PAYNE
DAVID A. JONCS
LEE C. SP4CCMY
ALAI
N FMECON
LCGLIE OILLCTTC
MICHACL T. MILAN
TMOMAS M SIPKIN{
MOMENT C. MOILANEN
TNOMAS V. NELSON
THOM A{ J. RADIO
DAVID L. MASHMALL
KATMLCC% M. MARTIN
JONN C. CHILD{
DOUGLAS P. SEATON
THOMAS C. SANNCM
RI CHARD A. KARLAN
•RUCE B. MCPHECTCRS
SCOT C. XI MICR
PAUL J. LINSTROTM
{COT A SMITH
MRIAN N. JOHNSON
BRADLE♦ A. rULL.E0
DONALD M LEWIS
KCNN[TN wOSS-
DAV1D R. STRAND
SCOTT K./30LDSMIT-
GIRAMD P, MILL CR
ELISAB ETH A. THOMPSON
MCITH J. NALLELAND
.ARM B PETERSON
MINNEAPOLIS, MINNESOTA 33402
TCLEPMONE
TIMOTHY W KUCK
JULIE rLEMING-WOLFC
612 -333. 4600
{RVCC A. PETERSON
DEBORAH A DYSON
R UTH A MICKELSCN
{ENSON K. WHITNEY
TIE LCCOPIa It
JANNA SEVERANCE
KATHRYN M. WALKER
1331 612.3344-2713
THOMAS C MIELENHAUSEN
GEORGE , SOCHA
1321 612.334.2781
MICHAEL D CHRISTENSON
SHANE R KCLLCY
1131, 612.334.2503
J MICHAEL SCHWART2
rrw
MARK r TEN EYCK
SUITE 2400
1200 S[VENT[[NTH STREET
DENVER,COLORADO 60202
TELL►HONE 303-093-1200
TELECt P 303-093-2104
3 300 SOUTH
IBOC. M STREET, H. W
WASHINGTON, O. C. 20036
Tr L[PHONE 202-828-5300
TELCCOPIER 202-828 5316
DIRECT DIAL NUMBER
(612) 334-2707
JC EY P CA
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DUANC M. NOCCKCR
D[C ROWC
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GA , GENGEL. 17
TODD M. JOHN - JOMN M MAKER-
LOUIS P SMITH 1: jG KAREN M NANS[N
SRUCC H LITL
SUCSAN PACC-SHA►IPO
MARK r VALMA
STEVEN M. PHILLIPS
RUSSELL S PONESSA
LINDA S rRIEDNER
SRYAN L. CRAW/ONO
ANDREW D PARKER
MATTHEW E. DAMON
JOY M WALDEN^
JOHN W PROVO
PATRICIA A O'LCAPY
JILL I rRIEDERS
KAREN R `10
PAUL B. JONES
WILLIAM D. HITLER1
1yV�
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ELLEN SUE PARKER
GREGOP+ G BROOKER
O/ COUM{LL
BRIAN W OHM
rPED L. MORRISON
GREGORY G. SCOT
JUDITH YOUNGEP
ROSANNE G 2AIDENWEBER
C ECILIA M. MICNEL
ROBERTC CASTLE
THERESE M HANKEL
..ar.+ty iw u�Nf�Mu .Ko r��py
INCLUDING THE /'ORMEF LAW FIRM OF HALPERN 6 DRUCK
November 6, 1990
Mr. Mike Gaff ron
CITY OF ORONO
P.O. Box 66
Crystal Bay, Minnesota 55323
RE: Fi li nq of Resolutions
Dear Mike:
The following resolutions have been sent for filing
with the Hennepin County Recorder's office:
2881
- Kennedy
2673
- Koehnen
2867
- Beck
2672
- Plant
2871
- Fopwood
and Butterfield
Resolution No. 2882 - Carlson has been sent to ti,e
Registrar of Titles office for Filing.
We have been notified that resolutions 2854/Pierpont
and 2868/Noelting are for torrens property and the Certificate3
a,r with the owners in both cases. Please contact the owners
and have them bring the Certificates to our office so that these
resolutions can bFL filed.
Finally, the enclosed resolutions are being returned
because they are variances on torrens property and cannot -te
fled (2866 Nelson, 2E3,,/Burgesc and 26*7n,/Torrisonl.
4680 NORTH ARM DRIVE
VARIANCE
PUBLIC HEARING 10:38 P.M. TO 10:39 P.M.
It was moved by Kelley, seconded by Cohen, to table this
application until the applicant and/or a representative are
present. Motion, Aves-5, Nays-0. Motion carried.
#1556 GERALD NELSON
1629 BOHNS POINT ROAD
VARIANCE
PUBLIC HEARING 8:30 P.M. TO 8:37 P.M.
Mr. and Mrs. Nelson were present.
The Affidavit of Publication and Certificate of Mailing were
duly noted.
Gaffron reviewed his -emo dated July 9, 1990 pertaining to
this application.
Mr. Nelson explained that the excess hardcover areas were
installed prior to his purchase of the property. He said, "We
were given a Certificate of Occupancy in 1987 when we purchased
the property. At that time, the City did not advise us t-at
hardcover exceeded what had been allowed by a previous
resolution. It is odd that ~he City approved a 3-car carace for
this property' when it was not possible to construct a driveway
large enough to serve all three stalls. Alsc, in order to stay
within the confines of allowed 'hardcover, it would not be
possible to have a front walkway or steps. do not understand
what happened in 1985 when the house was constructed. We do need
additional storage area because we do not have a basement."
Rowlette stated tha_ she %would find it dif_`icuit to hold the
Nelsons responsible for the builder's violations. She also said
that the drivewav and sidewalks that now exist are appropriate
for the house and that it is hard to find areas that could be
removed. She noted that the hardcover calculations presented do
not include the landscaping around the house. Rowlette stated
that she had -ooked at the landscaping on the north side of the
ORONO PLANNING COMMISSION MEETING HELD JULY 16, 1990
ZONING FILE /1556-NELSON CONTINUED
house and fiber ,;ass exists unjer the rock.
There were no comments from the public regarding this matter
and the Public Hearing was closed.
Bellows sympathiz.d with the p_c owners, but found it
.difficult to approve an increase hardcover on tL—s
property.
It was moved by Bellows, seconded L. ihnson. to recommend
denial of application *i556, due ~o a lack of hardship and the
fact that there is presently excessive hardcover on this
property. Motion, Aves-3, Conen, Rowlette, Nay. Motion carried.
#1557 MIKE CULLEN
2700 PHEASANT ROAD
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