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CITY OF ORONO JG 3 Q VARIANCE APPLICATION Application Fee 00.00 After -the -Fact Fee $20C.00 ---------------------------------- -------------------------------------- PROPERTY LOCATION Site AddressLet t��JS 44. V •`'";:� p Property Identification Number (P.I.D.) Please check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------- APPLICANT V4,kk ,,-, KP.ATnAX) Name V%2&AMA%(AAzx%h J�om&3, Trt Phone ___4rL%e_-05 5-7 Mailing Address 410 AUPJCL^ .t K.o ��•{rnetwt�, rn! -'R� 447 OWNER Name 5gowL Phone Mailing Address Date Property Acquired _ (month/year) I (do) (dc, not) also own the adjacent parcels of land. --------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District \>ar1+ Present Use of Property Residential Other (specify) - DESCRIPTION OF REQUEST EstimatedConstruction Cost $ 3c?� o0 SL Describe rcyuest in detail: I'�►trdLCVt.Q,y&�y�s.R VARIANCES REQUIRED _ Lot Area Lot Width X_ Hardcover Setback Variances 1 Front Side Rear Other (c,,:lor I HARDSHIP Describe undue hardship or practical enforcement of zoning regulations: Skza. oc- %-*I- — difficulty resulting from strict ---------------------------- DESCRIPTION ON UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: WAVrow 6wt- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of ownerswithin 150' (you can obtain this list from Hennepin County Departmentof Finance A-603Government Center 318-3271) 3. Stamped, legal sized envelopes (A10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey. 5. Plat Map. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that. your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Admini strator, agrees topayallfeesand/or unusual expenses incurred in review of this application, a d certifies ha the information supplied is true and correct to the beZh U/h r know e. , yyApplicant's signaturea /j�z _ _ Dat_E OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission membe s, and Council members for purposes of investigation and erification of t est. Owner's signature. h Date Applicant must have all submittals into the City offices 25 days before the Planning Commission M. et ing. Planning Commission Meetings are held on the third Monday of each month. Ti...,.�' ... HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI+3S401 PROPERTY OWNERS LIST PAGE 11 38 08-117.23 44 0012 38 17-117-23 11 000! 0159S BONNE POINT RD 016SS SOHNS POINT 00 GERARD SLOHORN J DAYTON A E DAYTON GERARD BLOHORN J M DAYTON A E J DAYTON 1595 BOHN'S POINT 90 1655 BONNE POINT NO ORONO MN SS391 WAYZATA MH 5S391 38 17-117-23 11 0003 38 17-117-23 11 0004 38 17-117-23 11 COOS PROP ADDR 01625 BOHNS POINT RD OWNER NAME D T TROWBRIDGE ETAL 0 A S ANDERSON ET AL KRUTZIG CUSTOM HOMES INC TAXPAYER D T TROWBRIDGE TOM E SWEEN KRUTZIG CUSTOM hOMES INC NAME/ADDR 1625 BOHNS POINT RD 1600 BOHNS POINT RD 410 FERNDALE RO N WAYZATA MH 55391 WAYZATA MN S5391 WAYZATA MN S5391 38 17-117-23 11 0006 3A 17-117-23 11 0007 38 17-117-23 11 0008 PROP ADOR 01635 BOHNS POINT RD 01645 BOHNS POINT RD OWNER NAME DOUGLAS W LONMAR A WIFE D A M FOX J M DAYTON A E J DAYTON TAXPAYER DOUGLAS W LOHMAR DAVID K A MARGENE FnX tUp50N M DAYTON NAME/ADDR 1635 BOHNS PT RD 1645 BOHNS POINT RD 1655 SOHN'S POINT ROAD ORONO MN 5S391 WAYZATA MN 55391 ORONO FN S5323 38 17-117-23 11 0009 38 17-117-23 it 0010 38 17-117-23 11 0012 PROP ADDR OWNER N4ME J M DAYTON A E J DAYTON J M DAYTON A E J DAYTON J M DAYTON A E J DAYTON TAXPAYER JUDSON M DAYTON JUDSON M DAYTON JUDSON M DAYTON NAME/ADDR 1655 BOHN'S POINT ROAD 1655 BONN'S POINT ROAD 16SS BOHN'S POINT ROAD ORONO MN 55323 ORONO HN 55323 ORONO MI 55323 38 17-117-23 11 0013 3P 1 7-11 7-23 1, 0011 PROP ADDR OWNER NAME J M DAYTON A E J 0>fTON J M Dayton b E J Dayton TAXPAYER JUDSON M DAYTON TOTAL BATCH 004 1013 NAME/ADDR 165S OOHN'S POINT ROAD Judson M Dayton ORONO MN 55323 1655 Bohn' s Point Rd Orono, MN. 55323 • RUN DATE 11%02/64 HENNEPIN COUNTY PROPERTY INFOPMATION SYSTEM PiPOPT ►:) P1 SSti01 • BATCH OOJ PROPERTY ONNERS LIST FA.;[ I CEQTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFOPMAl1ON AS IT APPEARS THIS DATE ON THE RECORDS OF T►iE HE►iNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO ME BEST OF MY KNOWLEDGE A14D BELIEF. _ DAT1r//J I� BY (2 C NOERENBERG 00. MINNFrOOM u < ' • ' Cl (MgXbVE'LL 8Ae) ��l s � . �� a • ''� • i• • t 2 ` a •ij �a f , *Coronado' • lOCh " t �• •, \' , (01 Q w m v ti fit• _ • s. � ,4 I ,. • ` .r. ! n7 � , , r '- 1�'. � to t. r ! •' i Pico so K A • i.. L A K E !n Ir ' QUO s`" . n. u h „� IJ _�_ ••�'.r1 4 ,.. .� 0.`.. t. � r1 Y 4L S L Ail a�iriddIL / . -*o,-aL Law-AF'FP = ! 371 6E�b ,�, s d'SG ACC.. B LpT A-dE,a '7S-2C) = I�,✓rye$. . �.:r ��C�yS,. r F. �1;p r7 Y i!! T V'.:/ �, !f l �. Pf`A7;'., /,� /. f c:•l rf,�e, TNEi ��t ,. Tuc t�/e'/� ��`� `� a: �' ry i" , � • t_., t:( /''''t '' f.J'' „�+ . �r. :� (- K-4 f_, 1, • �iE'a1(1' � ... (� :,� �� � �. ...> ( 1:P :r 1... '' Ciy�l+� q �(rJ �i ;. PF' � i'h� , f"� �!] V •j:? V % �. .�, I J1 rr r, t a4w.," P to: 6 � `, J. p3 0 �' h• R' ! V E: v r z r Pf'! 4 M" r nr cA o � . �'Pt"Y�AJ✓ . F+H a '! CO , r.)V %1, jv1� t, r t' ac' i .S 1 ' s t f 4 E� ;, •+ ..� le, • �.. r C A - K • `t !v» E s` (� r L... `'/ i ' t ' tl 4 �.- /� ( z l Ar It L7 r Y Y f- SIC 2.rn N�{o 4 s 5o N yo 1 q/o �A Aa 164. 'br'r k ✓ Ll Lmap_ Decw- N r'4 1 �+�' S 2 y r It a•c r�.. t v�.tr Ilk -at i:{ 3e1 1�au.,OF `t'b a- a t. s 0q'7 s.-� ♦ &,.I- n s / qo d 1 /-417-Or- ARE"`A. _'Rs'_Arl c?1• !coos �7 "SID z 3S y Llcro 2—. 1-1 o, sG& Aet Az�r i to :a V6 eve C SC yyO L/' L 1 <71% A, r `7`p-P �'�' F1� ►utc. ,p. • � t. /w'eF.., F+t�. 1.. d �,. UE ,�+r- r-.�.. ,; 4 Ui tIWN 0F StDE t 4 � Certificate of Survey for William M. Krutzig of Tract A, Registered Land Survey No. 565 Hennepin County, Minnesota '1�/4�4'� T04+.t'/ � 1N ♦ 'SY�i.r t a� 1 1�' w / �I�III f '6/ij/ c»0.0r..e 12— s- Av t � .. F ` � 'i. r is - � �" /♦5,�, • ' i L DJ �... ., - � .. .. �... ... �... hereby-ertify that. 'his is a true and correct reprcnentatior, of a survey of the boundaries of Tract A, kegistered Tana `survey No. 565, sennepin County, Minnesota, and of the location of a proposed buildir;g. it loe:i not purport show ether improvements or encroachments. ;gate : 5-1.7-8a, house shove 10-12-84 i3ORDON J. COFF N INC. Scale: 1" : 50' t tl..g Spot elevation Mark S. Gronberg Reg. No. 12755 : Iron marker Gordon R. Coffin P,4S. No. 6064 Engineers 4 Surveyr _ Long Lake, Minnesota Certificate of Survey for Wii.'iam M. Krutzig. Of Tract A, Registered I-Anu Survey No. 56r. Hennepin Co!jnt-y, Minnesota till, 75 eW role 78 k!,w 01 CO Or R 1 hereby certify that this is a true, and correct representation of a survey f the boundaries' Tract. A, Registered Land Sur -ill No. 565, Hennepin Cuunty. Minnesota, and of -he lacatior a proposed building. It ace_s not purport to show other improvements or encroa.l.nents. Date : 5-27-83, house shown 10-12-84, P,. iioFFIN CD., Scale: I" = 50' "leeT Spot elevation Mark r. Gronberg Be 7 Cz, av /2 ---If Iron marker Cord- Coffin. Reg. NC, t.:GFu Flngir -e --- s & Surveyors Long ake, Minne3cta WILLIAM M. KRUTZIG PROPERTY TRACT A, REGISTERED LAND SURVEY No. 565 HENNEPIN COUN-l', MINNESC,tA YaI � 6 Prop�rter hrBoys' � / f - Oround � /�wi ronJ /iJ rr � uwJr�rl c�fii en � 't _ ,l p f' 0. undrr , 1'So ' e aM V w \ a o 75 fe, A- t y 3 � � /ice c , • � oc <; +o , 37 1 A. 0-75' ZOA/E 1 P�PopolED �'�fROCovE,t = O Sy-fj. B. 7-f'-2SO 'ZOA/E /. Tbrfl- XAC4 = /8 700 —r.. F . 1 PRo/oJE1� is/AROCor/ER a. lloulc = BBSo!rp. Ft. /ocof _r, ,ZoAlC /. TOTi1C if,fEA 9y-�O t j�-Fif. Z- Pr+operrL /Yo�rlre✓cr O Jf, Fr. 'ROPERTY 'URVEY No . 565 NNESOTA Dzte : January 9, 1985 Scale: 1" = 301 c, : Iron marker COFFIN & GRONBERG, INC. Engineers and Land Surveycrs Long Lake, Minnesota N I Cull _ . BOX V ��t R F J I I C S C. 4 H;_-j 4 L, 410i 4 lu E AY Z 9� NJ A L - T T4 MN rr MN 1 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF= HE.NNEP I N CITY OF ORONO ) I, Teri L. N_aab of the City of Orono, Hennepin County,- M4nnesota, co hereby certifiy that a Notice of Public Hearing concerning _William -Krutziq,-#881, -1629 Bohns Point ----------------- Road - Variance - Public Hearing _______-�------------- -- ---- --------------------------_______ ----------------------------- 4as mailed to the atL 'iSt of or nerty of owners on -------- In Witness Whereof, I have hereunto set my ha. id and seal this 8th day of November_1984_,__ Teri L. Naab, Secretary Affidavit of Publication State of Minnesota ) )SS. Count of Hennepin ) �' /� /G L 'v `��• \. Ae�n� 4.1) .r.Mn. 1. W. my, I)ul hf ihf is L. r a .u,horrfed aaenl .r.1 empk,,n of Nr P.N"trr of Jc nt r.rylel ►n...n u 11r 1,,Irr aid W tull \anrlcdo, of Ilrr Iw1..h.h ur ataW tick - (A) The mrsp.pe, hu « eW.d rrrh .I! .A dw re.t.—riu ka.l rrrµ.rprr, u pn. rdrd h, M�nne><U 5ulufe+ 371 07. ))I 06..nd W., Mih W I.., I / rhK►//a aft"Aad WAS cn from the alum.. of .erd onrePe"t. and was primed Well pINnW owe eacA reek. 1w T_ 6e Jractaeiae ree\.. • rm fuN puNnhW � � ✓'tlfedq d��' 19___. MO ree dernffe, PnnW ad ptM"W on every__.d tsleJtaaf►r aey d _, 19_ ,Armed A!,n n . copy of flit true, r.r alph.hrl fine A W 1, Rah —W—, .h.h .. hertt I ecla.r4dant u hrrna die sue ed kid d type .sed m the r.tertru.arar ad p.M.r.rn ,rf Ik rune andefaMi\I .ngryrn.. r. yt by ie A(-x 4y a 14 Tftk 0 5w4crrtN .d erme n Eelnre os ice" K. L hLNFI 1 iL}[ .141 NOTNH ft*LIGNIk#,WA __.Z'_ _ P T7 'ARVCR C3UNIY Nary PrM. ` la/ammi, I =tam &4 3, 19i8 C17 *,,,Vm O NOTICE The Plannm tfeanng In the p Commisston wll, hold a Public COunCli Chambers at 1275 South Brown Road on Monday mNovember 19 198d Phcahons on ?he matter of the following land use ap 6 Randy Street87var�ces for aetba Aspe 1 3424 Eastlake PrlvacY fence k and height of 2 878 Thomas Kau,, 1 Interpretation of i 900 Shoreline Drive— occuPafiOrl c -ing Cod nvolvfng the residence as a Bead ProPo,ed use of Principal rafjOn 3 880 Steven Ruce, Breakfast West Branch Road —conditional use West Branch of greenhouse on r permit for [onatructror. 4 B81 William ea+dentla) Property f3WId —variance Knf+np. 1629 Bohns Point van It"s time All persons wishing 10, e heard wd! appear al are avallaullehryor ren Comrnerfla are ttol;crted Plans C11, rr O one eview In the C tY Offices B> Vlanning Commission Jean Mabusth Buifdln� (PubbstN.d In The la erdNov'8 A9 ;�Istrator L9@ �I CITY OF OR_---G TO: Planning Commission FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: November 15, L984 SUBJECT': #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road - Variance Zoning District - LR-18 - 1 acre sewered Application - Hardcover variance List of Exhibits A - Application B - Plat Map C - Property Owners r,ist D - Survey E - Hardcover Calci,'ations Applicant is constructing a new residence on this 0.86 acre .ewered lot. The original building permit application included decks on the lake side, additional hardcover in the courtyard, and a standard driveway with apron. At the request of the applicant, the decks and courtyard improvements were excluded and the driveway was proposed to be constructed of a porous pavement in order to meet hardcover requirements if variance, wort- denied. Tht-� proposed house and location met all code requirements and permit was subsequently issued based on the above proposal, with a hardcover variance application immediately filed. Please review the survey and the hardcover cjlculations. Applicant's rationale for requesting the variance is that a large portion of the lot is in the 250' - 500' zone and will have no hardcover where 30% is allowed, hence the total requested hardcover behind the 75' setback line will be less than the maximum allowed. This is essentially a tradeoff between hardcover in the 75' - 250' and 250' - 500' zones. Note that the house and proposed decks are located more than 75' from the shoreline and behind the 931.5' elevation line, below which no filling or grading is allowed. Staff would recommend approval based on the over3i l lot hardcover never to exceed 7,257 snuare feet. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1984 PAGE 15 881 RRUTZIG CUSTOM HOMES, INC., BOBNS POINT ROAD VARIANCE PUBLIC BEARING 9:43 - 10:30 PM Bill Krutzig was present. Assistant Zoning Administrator Gaffron noted the certificate of mailing and the affidavit of publication. The following neighbors were present for the public hearing: Douglas and Ceil Lohmar of 1635 Bohn's Point Road Mr. Lohmar stated he was concerned with the dr inage along his lot line and that Krutzig's lot is a low lot and has accepted drainage from the hills. Lohmar noted that Krutzig will be filling in quite a large area which will affect the other properties, and I would like to see a study done to see if the very narrow strip remaining will take care of the drainage. If the drainage can be taken care of, he would have no concern. He stated that he had specifically sloped his existing driveway to take care of the drainage proLlem. Mrs. Lohmar observed that within the last 10 years she hasn't been able to walk across Krutzig's lot because of the water level. Gaffron stated that this lot is not a designated wetlands. Krutzig stated that there wi 1 1 not be a basement in thi house. He had consulted with the neighbors and had come to the conclusion that a two story home would be disproportioned to the other homes in the area. Gaffron stated that the original application came in requesting the house as shown, the decks, and the driveway of indeterminate proportions and some hardcover in the courtyard area. The proposed house without the decks and additional hardcover and with a bare minimum driveway meets the 25% hardcover. Another consideration is the lot behind the 250' point zone is quite substancial and we have in a number of other applications considered giving the applicant credit for that area in calculating hardcover. MINUTES O:' THE PLANNING COMMISSION MEETING HELD NOVEMBER 19. 1984 PAGE 16 #881 KRUTZIG HOMES Goetten stated that one way wP protect drainage is to limit hardcover, and that the 250'-500' credit has only been used for existing situations, not for new lots for new construction. Rovegno stated that the property must accept the drainage that it has formally taken and not discharge at a faster rat- or direct it other than the direction it has gone. That is a building matter. Lohmar questioned Krutzig about the fact that this is a "spec" house. What are they going to do? What kind of guarantee will be provided? Krutzig noted that the certificate of occupany given by the City will be the guarantee because before it is issued everything is inspected by the building department. Gaffron noted that the grading will have to be done in a way that the water wi 1 1 f low onto the property in the past way. Also, you may be creating more of a problem by putting a house on this lot than was there before even if you stay behind the 930' elevation line. Kelley stated he would have a hard time approving a variance for hardcover since there is such a problem with •-ter right now. Krutzig said he wasn't aware of a hardcover problem until after the permit application was made. Mabusth had talked to the applicant prior to going to Council and suggested building a 2 story house or building rather than out and reducing some of the hardcover because Council does not look favorably upon hardcover, variances. Gaffron noted that Krutzig was told before the permit was issued that we can't approve it with the decks and the extensive driveway. That was `'s risk to construct pilings before the additional requests were approved. McDonald questioned Krutzig about ever building a house in Orono before. He has but stated he was unaware of the hardcover stipulations until now. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 19, 1984 PAGE 17 #881 KRUTZIG HOMES Lohmar brought up another point abut the lot. Their sewer line is directly under the rear of Krutz g's house, however, the house is on pilings so that is not a problem. I.ohmar stated that he would like Krutzig to assured him that an easement showing exactly where the pipe is and a right to access his property will be drawn up. Gaffron stated our sewer responsi.blity ends at the City's sewer manhole in the street. This is a private easement serving these houses. We don't have any code standards that require sewer pipes to be a certain distince from the house and this is a case that we wouldn't allow today. But at this time we have no responsiblity. Krutzig explained that Gordon Coffin had gone out and described this easement and we intend to describe it by Metes 6 Bounds on an easement and put it on to a drawing. A formal written document protecting the neighbors wi 1 1 have to drawn up by Kruti.ig's attorney. Gaffron stated that another issue is where will Krutzig's house hook up to sewer? There is some question as to whether the existing shared line can handle another hookup. But this is considered a building issue. One option they have is to move the sewer lines but this is between the private parties. Roveqno moved, Kelley seconded, to recommend denial of application #881, Krutzig Homes, 1629 Bohn's Point Road, based on to the following findings: 1. At the t i of application, the applicant was informed },y staff ful ly of the hardcover limitations within the 75 - 250' zone. 2. This is a substandard lot in area and slightly substandard on lot width. 3. It is a low lot that provides hydraulic capacity for the drainage of adjoining properties and the building department should address that issue. 4. An adequate house for this lot could have been constructed, meeting the 4595 sq. feet of allowed hardcover. MINUTES OF THE PLANNING CCM%J SSION MEETING HELD NOVEMBER 19, 1984 PAGE 18 #881 KRUTZIG HOMES 5. That the additional hardcover is not necessary, to maintain a substantial property right. 6. This problem of hardcover was brought on by the applicant. Krutzig clarified that he was not aware of hardcover, he bad his plans done according to the setbacks, structural engineer had worked on the plans, and all those plans had to be submitted at one time. At the time they were submitted was the time that Gaffron called and saie we have a hardcover problem. Krutzig stated that he had at that time already spent $7500. He stated he had the option to drop his plans or continue on the basis that he apply for hardcover variance. Krutzig also asked if a pool is considered hardcover. Rovegno clarified that a pool is not considered hardcover, the deck is but the pool has its own closed recirculating movment. It doesn't drain, it collects. Motion, Aye (6), Nay (0). FENCE ORDINANCE AMENDMENT Mabusth clarified that she would like the input sheets back to her by December 10, 1984. Rovegno questioned how long grading has to si` there before it becomes existing grade? I feel if we have a reference point that you know will be consistant and then setting a height from that point. Rovegno feels that the fence issue should be addressed as a total case including commercial and residential. Mabusth noted that Council asked that only the residential fence ordinance be looked at. They also asked that controls be considered for privacy fences that are constructed as accessory structures. Another issue is protecting the view of neighbors. Al l of the sa;.,ple cor' - submitted for this review deal with protection i adjoining property not protection for the persc on the other side of a major thoroughfare. ZONING FILE NO.� CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice -------------------------------------------------------------------------- TO : v - lea. C COPIES TO: --- -------------•--------------------------------------------------------- TYPE OF APPLICATION: Variance Conditional Use Permit Subdivision Other ---------------------------- Date of Meeting: /,/. %+/ Vote For Against Planning Commission recommender the following: Approval: As Submitted Approval: Subject to conditions noted below Denial: For reasons noted below Tabled: For reasons noted below No Action Required NOTES AND SPECIAL CONDITIONS: ----------------------------------------------------- --------------------- Applicant's next sche�jled meeting is confirmed as: Planning Commission Council .Applicant's next scheduled information. Deadline for or for meeting is dependent upon receipt of the meeting is the meeting. additional In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). 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. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 5, 1984 Subject: #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road Variance Zoning District - LR-lB - 1 acre sewered Application - Hardcover variance List of Exhibits: Exhibit A - Application Exhibit. B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Hardcover Calculations Exhibit F - Planning Commission Minutes of 11/19/84 Applicant is constructing a new residence on this 0.86 acre sewered lot. The original building permit application included decks on the lake side, additional hardcover in the courtyard, and a standard driveway with apron. At the request of the applicant, the decks and courtyard improvements were excluded and the driveway was proposed to be constructed of a porous pavement in order to meet hardcover requirements if variances were denied. The proposed house and location met all code requirements and permit was subsequently issued based on the above proposal, with a hardcover variance application immediately filed. Please review the survey and the hardcover calculations. Applicant's rationale for requesting the variance is that a large portion of the lot is in the 250' - 500' zone and wi 1 1 have no hardcover where 30% is allowed, hence the total requested hardcover behind the 75' setback line will be less than the maximum allowed. This is essentially a tradeoff between hardcover in the 75' - 250' and 250' - 500' zones. Note that this type of a tradeof f has not hen granted in the past for new construction; only in cases where there was an existing hardcover problem. Note that the house and proposed decks are located more than 75' from the shoreline and behind the 931.5' elevation line, below which no filling or grading is allowed. The entire property would be allowed 7,257 s.f. of hardcover at maximum development. The Planning Commission unanimously recommended denial of this variance request, based on the following reasons: 1. At the time of application, the applicant was informed by staff fully of the hardcover limitations within the 75'-250' zone. 2. This is a substandard lot in area and slightly substandard on lot width. 3. It is a low lot that provides hydraulic capacity for the drainage of adjoining properties and the building department should address that issue. 4. An adequate house for this lot could have been constructed, meeting the 4595 sq. feet of allowed hardcover in the 75 - 250' zone. 5. That the additional hardcover is not necessary, to maintain a substantial property right. 6. This problem of hardcover was brc,ught on by the applicant. A number of issueswere brought up by the neighboring property owners at the Planning Commission meeting, includinq drainage and the existence of private sewer services near the new house on the subject property, apparently without legal easements. Please reier to the Planning Commission minutes A -or a discussion of the sewer issue. The drainage problem relates directly to the additional hardcover proposed, and brings up a number of questions. The app.Licant has not submitted a qrading and drainage plan, but has verbally indicated there will Le 2-3' of fill brought up to the foundation of the house and tapered away from it, and tha4 a culvert will be installed under the driveway. Mr. Lohmar, directly to the south, has indicated his concern tha* additional drainage not be forced onto his property as a result of this new house. Mrs. Lohmar states that the vacant lot st.- ved wet much of the time, though staff notes this is not a designated wetland and there is no vegetative indication that it is always under water. Applicant. has stated he will do whate — grading work is necessary to take care of the drainage and keep it o lis property. The applicant has suqqested that he install an underground storage and disposal system for the roof run-off, since the soils at the sight appear to be quite adndy. He requests that Council considsr this type of a system as a possible tradeoff for allowing all or a portion of the requested added hardcover to be constructed. Gtaff is not aware of any case where this type of tradeoff has been granted for new construction on a vacant lot. 2 The Council may deny the application based on the findings made by the Planning Commission. You have the option of granting all or part of the request based on the additional 7acant lot area past the 250' setback line. If you wish to consider a tradeoff based on the underground storage system, the applicant should submit plans for review by the City Engineer. Staff will draft a resolution for. your January meeting reflecting your motion. r)A T I CALLED IN � Re ( Kr,44 Z; q 0 mu 'NSPECTION NOTICE SCHEDULED PERMIT NO.-/-/�.-r► - COMPLETED ------ --- --- ADDRESS c "NER -- /T.Z� _ CONTR. A ADM k 1_-EPHONE-nJ O. O FOOTING ❑ PLUMBING RI O FRAMING Cj MECHANICAL ❑ SITE INSPECTION ❑ INSULATION -, WATER HOOKUP EXCAV./GRADING/FILLING Al LAKESHORE/WETLANDS ❑ WALL BD METER SET/TURN ON ❑ -LICENSING FINAL J SEWER HOOKUP O D COMPLAINT PROGRESS O SEPTIC INSTALL O FOLLOW UP D DEMOL ❑ crPTIC MAINT L] SEPTIC FINAL ❑ FIRE PREV ❑ ---LL TEST PUMF ❑ FIREPLACE/WOODBURNER O COMMENTS: � /N IV—e a 4-Sf [mer ez� C71c Ti4 I?4'`i �clz-�r�.'_— Cle-,A T7ti 44 v`.Nr A10 CITY OF ORONO L 2 Q J W 2 z 0 Ln Cr w a rz J O 1 cc 0 W Q z W 4 W J d W ❑ WORK SATISFACTORY PROCEED DPHOTO TAKLN O CONNECT WORK & PROCEED O CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING To. ORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN ' ORDER POSTED CALL INSPECTOR O • 1 SPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on site Inspector `- f - N I 47 -' 3 3S7 Mille Copyllnspectov s Fite Gokt CupY Srte Nuti(e MINUTES OF THE R1•:GUJ.AR ORONO COUNCIL MEETING HELD ' :CEM111:R 10, 1984 PAGE 11 {881/WILLIAM KRUTZIG 1b79 BOHNS POINT ROAD VARIANCP William Krutzig was present. Assistant Zoning Administrator Gaffron noted that some drainage problems are in the process of being resolved to the satisfaction of the City. Gaffron noted that the applicant is constructing a new residence. Gaffron stated that after the applicant applied for a building permit, he was notified that portions of the proposed improvements would go over the hardcover limitations for the property and that he .,ould have to apply for a variance for these specific items. Gaffron stated that the applicant is requesting a variance for the deck and courtyard improvements. Gaffron noted that the driveway would be constructed with a porous pavement in order that the hardcover requirements be met. Gaffron noted that the applicant's rationale for requesting the variance is that a large portion of the lot is in the 2501- 500' zone and will have no hardcover where 30 percent is allowed, hence the total requested hardcover behind the 75' setback line will be less than the maximum allowed. Gaffron noted that this type of tradeoff has been allowed in the past where there was existing Hardcover but not for new construction. Assistant Zoning Administrator Gaffron noted that Planning Commission recommended denial. Gaffron also noted the sewer problems. Gaffron explained that the neighbors at some time in the past put their sewer lines on Krutzig's property. Gaffron noted that the neighbors do not appear to have legal easements over this property. Gaffron noted that all the neighbors do think they have easements over the KrutziggIs property. Gaffron stated that the drainage onto this property is naturally occuring and will have to be addressed by the applicant. William Krutzig noted that the existing easement documents were in good intent, but the wording is not sufficient to make them adequate easements. Krutzig stated that Mr. Fox doesn't have an easement but has the right to hookup. Krutzig stated ti:, t Mr. Lomar has no sewer easement across his lot.. Kru--cig noted that he plans to grant easements for the neighbors. Assistant Zoning Administrator Gaffronals-) noted that on Friday, December 7, 1984, the site was posted with a stopwork order for filling within 75' of the lakeshore. Gaffron explained that the cat operator was told by his supervisor to do the grading. Gaffron noted that the cat operator responded very quickly in removing the fill. Gaffron felt that there was not an intent not to comply with the ordinances, but just miscommunication among the contractors. M1NUTE!I OF TIII: REGULAR ORONO COI INW11. a11:1:TINc: IlF:l,li DECEM,IiI:k l0, 19H4 I'AGE 12 William Krutzig stated that he co!11d redirect the drainage clown the property line and create a swale. Krutzig also noted that the drainage could be redirected from the roof to collect in a retention pond. Krutzig explained that when he came into City Hall he was not aware of hardcover .imitations. Krutzig noted that at the time he found out about the hardcover problem from staff, he had already spent $6,600 on building plans. Krutzig stated the staff recommended that he scale the house down and go two stories high. Krutzig stated that after spending $6,600 a builder just doesn't throw that aside and waste that money, so he continues'.. Krutzig questioned the City's interpretation that decks are 100 percent hardcover. William Krutzig asked for an interpretation from staff or Council on why decks are considered hardcover. Assistant Zoning Administrator Gaffron noted that usually decks have plastic underneath then so that weeds do not grow through the decking. Gaff ron stated that board spacing varies from deck to deck and could become a policing nightmare if the staff had to inspect each deck to determine if it was hardcover or just a certain percentage of hardcover, therefore the City juLt considers decking as 100 percent hardcover. Krutzig stated that he was planning on having 1' of sand beneath his deck which should not classify it as hardcover. Krutzig stated that he could go to an engineer to get percolation tests done to show to the City that. decks should not be considered hardcover and r, prove to be only a percentage of hardcover. it felt that they would take this into consideration if he brought the information needed. Councilmember Grabek moved, Councilmember Adams seconded, to deny the Krutzig variance application requesting a hardcover variance to construct a deck and courtyard improvements based on Planning Commission's following findings: 1. At the time of application, the applicant was informed by staff fully o, the hardcover limitations within the 75-250' setback zone. 2. This is a substandard lot in area and slightly substandard on lot width. 3. It is a low lot that provides hydraulic capacity for the drainage of adjoining properties and the building department should address that issue. M1NUT1:;; OF THL REGIIIAN OR01410 COUNCIL MEETING I►IVI.;M1,1.1t 10, 1484 PAG1: 13 4. An adequate: house for this lot could have been constructed, meeting the 4,'�9 sf of allowed hardcover in the 75-250' zone. 5. That- the additional hardcover is not necessary to maintain a substantial property right. 6. This problem of hardcover was brought on by the applicant. Motion, Ayes (4), Nays (0) . Grabek noted that it is the responsibility of the !wilder to ask the right questions and get the correct information regarding zoning and building codes before building. #854 G. ROBERT JOHNSON 1981 FAGERNESS POINT ROAR CONDITIONAL USE PERNIT RESOLUTION #1713 G. Robert Johnson was present. City Attorney Radio stepped down from his City Attorney position because of conf 1 ict of interest wherein Robert Johnson and Tom :.adio are employed by the same firm, Popham, Haik & Associates. Gary Larson, attorney, was hired by the City to represent tine City of Orono for this application. Assistant Zoning Administrator Gaffron explained that tnis is an after the fact application wherein the applicant constructed retaining walls, planters, and steps within the 0-75' lakeshore setback zone. Gaffron stated that the apparent clearing of trees within the 0-75' setback zone were done by the previous owner per the previous owner's letter. Gaffron noted that Johnson had thought that the contractor had taken all the permits needed. Gaffron stated that one solution to the hardcover is to use a pitchfork to pierce the plastic beneath the rocks. Counci I member Grabek asked staff if the City would have granted Johnson the permit if he had come into the offices before he commenced work. Assistant Zoning Administrator Gaffron replied that Johnson would have had to apply for a variance for hardcover. Gaffron stated that upon staff investi- gation the steps were existing and that Johnson only replaced the steps. Gaffron noted that there isn't an increase in hardcover because of the added retention capacity of the planters. Gaffron did note that the Public works Coordinator recommends the retaining walls be moved out of the right of way. ZONING FILE NO' 881. CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 5532:3 473-7357 Date of Notice 12/13/84 ----------------------------------------------------------------- IM Krutzig Custom Homes, Inc. 03PIM IKk 410 Ferndale Road Plymouth, MN 55447 Attn: Bill Krutzig ----------------------------------------------------------------- TYPE OF APPLICATION: XXX Variance ----------------------------------------------------------------- Date of Neeting: 12/10/84 Vote: 4 For 0 Against COUNCIL ACTION - NOTION: Staff co d_3ft a resolution denying the requested variances. As we discusseu, we will delay this if you submit a letter of intent to appear before the Council with scientific evidence that decks shouln not be considered as hardcover. ----------------------------------------------------------------- DEWLINB DATE: January 4, 1985 for January 14th Council Meeting. If you desire certified copies of the official Council minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. Krutziy Custom Homes, Inc. n10 Ferndaln Rd. North P) -,-,U J, Minna sot.a 554-t ! December . ' , City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Attention. Mike Planning & Zoning Department In response to the latest Council meeting December 10, 1984, I would like to further submit additional information for your consideration. I have in my possession for your review at the next Council meeting engineer- ing reports that address the hardcover variance #881. This serves to inform you of my intention to further pursue the current situa- tion. If you need any additional information, or any further questions, please feel free to contact me at your convenience. Thank you for your time and consideration in this matter. Sincerely, KR[fl ZIr C'_1S'P(�I S I W. KRUTZIG WK:vl To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Dnte: January 10, 1985 Subject: #881, Krutzia Custom Homes, Inc., 1629 Bohns Point Road Variance - Add_61ional Review Request - Information Item Synopsis - At your December 10, 1984 meeting, Council directed staff to prepare a resolution of denial of the proposed hardcover variances to construct a deck and extensive driveway in excess of the 25% hardcover allowance. Applicant has submitted further information on this deck and hardcover in general, and requests your additional review. The ettached information is for you to consider over the next two weeks. Glen Cook has not had a chance to review it as of this writing, so we have scheduled this for review at the January 28th meeting. Briefly, I think the proposal is technically sound but presents some administrative/enforcement problems. Perhaps you would like to refer this back to the Planning Commission for further study. /-/o - 19S ,l /1/✓/...`L F /D X iO /Ir('FiS' Di t'�t'Gi'JJ t� dc�'K X/G : ArxfS uvc rl ve OA; �'Ci� C E/; r,�'/rT,9,- .4 T 5 AJ/lvL rcj- C " = O %O FOX Lr.'ooV DECK `✓it' /O✓ `c.�K %r✓/.',"t Gf... - t! 1A - O. 70 23) _ 0/9 C'FS N Gr !✓iuTN = `/ / 7 17 of 60.��0}' 1,lab O. Ff /-T eA lri�ur/G, TifFib T DEC's f.0,4ABS .4,r 4 f6",t16 JF D/'FA:/N"GJ A Co A = CeGIl' I E c 7iov,I t .e t'Fq = O, �'� x /D F r = X. 31 SR, Fr 32.1 ff /.rcc U a 77 ,:,, �L oy') 7. `l9 aid /4 3" Aqr�' wAl �.%/,tJG' TO i//O�✓ 711E J TALK -J reoCAG F r!'EI.AT/OtiJ'i/i/' fUR l/,C DECK 1,' F/r ✓ d v0 Tf/Fiv C D/'fiwr F T//C /1F/6-1wr T//F Gt✓.I rrX L G. r L Cc✓out D /PEAC/I BY i9 A9a7'//-6 !f,iT Q0EC,4,-iJ-E T/1F faAo1,OF�, /j GwLY , O/7 CfJ A'Nu IfT Yy"'N/G/11 ' S. 77 rFS✓ T//F Z 6VC4 -voa eZ) y07 Fd FN AFA Cl/ TlvA'7- // lF•y . EVE•v / F oNE u1 FD A _r11a e TFR T/M E OF COAVEE.,'TifAT/oN (&.AN'cH lvOu[D A N/�fJE � 1A17teVf /T(" 4 taAIOFF) 17' J7711- Gc/oULD /t/UT kf%'A'OAC'i. %/�F �y /' L r dt L . 1i/.ITFit CVO:Ic U NOT .-f&A/ d0Ft; rAYC OU71/o F EDGE' S, T Lvaz/[ O Ga T//.t'ou G// ;.yE' ot'EN/�✓GJ /A✓TO rWC J-AA149 41 X 17 GAF To T/iF J'o/L , ,4 vari/f / wXr ®F Loo�ii✓.�: .IT /r /S v��/ vF E�J a�E,v _PUCC ox S. 3j % ?? Jje.F.T /or•,!' / oo J��/,ti'E SEE; , 7,Xi1 /T AeC,,' to A J? O//!1'7ETE/e C'a[VOe7' &4Vr ivJ'!'F,�� er RC/NN/NF /!ft T//�oti i/ oN6' ?9 " r /1 Go/�c✓ G Ti��' o -i �= /i /J J F.Ci r J of" J /'!,![C Ot'E�/�c S. �lfaia�c y T/iF Gt°Gu•��u,�,uF�' ,'i:E vFc•� /S Lc��J C'ai��r'Acrr� r/;f.v 1'oic /ii X4WOFf" COFFIN & GRONBERG, INC. SURVEYING, ENGINEERING AND LAND PLANNING 482•A T MARACK AVENUE LONG LAKE, MINN 56756 473•4 1+1 January 9, 1985 To: City of Orono Re: Hardcover Calculation.. & ;tormwater Runoff I have worked on numerous projects and permit applications requiring approval of the Minnehah, Creek Watershed District(MCWD) engineers over the past 10 years and I fully agree with their concerns regarding increases in stormwater runoff into Lake Minnetonka. I also commend the City of Orono for their concerns and regulations covering this runoff, Bowe 'er, I feel that certain improverr,�nts or structures have different runoff coefficients which should be taken into account, much as the MCWD engineers do in considering applications made to them. There are many publications listing coefficients of runoff(C factors), and I have enclosed a copy of the table used by the Minnesota Highway Dep- artment in their drainage manual. The usual factors I use which are accept- able to the MCWD engineers are 1.00 or 100% runoff for rooftops, 0.90 or 90b runoff from blacktop surfaces, 0.50 or 50% for gravel surfaces, and 0.30-0.40 or 30-40A from existing ground surfaces depending on slope and vegetation. Thus, I believe that gravel walks and decks should not be lumped together with rooftops in considering hardcover calculations. In the case of the William Krutzig property of Tract A, Registered Land Survey No. 565, the following proposal shows measures taken to reduce the impact of runoff from a deck so that all runoff is directed to the soil be- low. A half -inch high wood strip will be placed around the outside cf the deck to restrict water from running off the ends and keep it either on the deck surface or running down through the spaces between the deck boards. Underneath the deck a one -foot layer of sand would be placed on level ground in order to disperse the water over the entire soil area beneath the sand in much the same manner that a sand layer is used in a (round type drainfield system. With a small amount of water staying on the deck or being absorbed by the deck boards, the net runoff should be less than or equal to that from the original ground. Although not proposed in this case, it appears that. temporary storage areas or basins could be used to reduce runoff into the lake. The MCWD re- quires the use of temporary storage basins for projects in order to reduce the runoff rate after construction to the rate prijr to development. It seems that this method could also be used for individual residences since the de- sired goal of less runoff to the lake would be met. COFFIN & GRONBERG, INC. 9'JRVEYING. ENGINEERING AND LAND PLANNING 462•A TAMARACK AVENUE LONG LAKE, MINN, 5535E 473-4141 -2- Also enclosed is a drawing showing the hardcover calculations for the Krutzig house. If there are any questions or other information needed on this project, or anything concerning hardcover and runoff calcula- tions in general, I would be pleased to work with the City on this. I think the overall goal of protecting Lake Minnetonka could still be met while taking into account differences in runoff from various surfaces. Sincerely, Mark S. Gronberg, P.E. & L.S. JULY 1, 1963 DRAINAGE MANUAL TAB. A 5-294.222 ROOFS PAVEMENTS R.R. YARDS EARTH SURFACES COMPOSITE AREAS COEFFICIENT OF RIINOFF - C (for use with ralion.0 formula). �ut(rA�ea A;1 Kinds Portland C-ment or As,:hil is Conr-ale Bitu.Titu+um, open y,adeI jr cracked Gravel, f,om clean .and !oos-� to clayey and hard. MIN. MAX, 0.90 1.00 0.90 1.00 0.70 0.90 0.25 0 70 0.10 0.30 SAND, from uniform grain p�1�.__ _ _ 0.15 0.50 size, no fines, to well Ligh4_Ye!getattpp 0.10 0.40 graded, some sill and clay, j)cnse�j(enetation 0�05 OL3Q LUAM, from sandy or Bare 0.20 0.60 gravelly to clayey. -Dense Light Vegetation VrgrWtion0. 0.10 05 0.45 0 GRAVEL, from clean, no Bnte___ I 0.25 0.65 silt or clay, to high LtguLYs9e18tign- i 0.15 0.50 lLtDR'1 ! IjtYSr'►lts[It.__ __ P!s� 'gtation 0.10 0.40 CLA.", frcm (oirse sandy i DA.reV__ .____ _ 0.30 0.75 or to pure col- I Li2r ; Venp;mmon 0.20 j 0.60 AS014 IOSrS�S�.Y• �_.. _. __ • Vegetal n 1 0.15 0.50 City, business arras 1 0.60 ' 0.75 City,dense resmdenm.nl, i 0.35 0. 5 vary as to 5oml and vegetation. Suburban residential, I 0.2f) 0.55 vary as to soil ann venatAt ion Highway slopes and ditches, 0.20 0.07 vary as to soil and slope. I Parks, Golf Cou ses 0.10 0.35 etc., vary as to soil and Vr•ge' 1tio'1 t Note: Value, of "C" foleari.h surfaces are further vaned by ifrntec of oatufation, GOT4Act4m. surface Irregularity and slope, character of sub -,oil and by the oresence o! Irn-�t .w glazed snow or ice. t1a Tm c5e wrl Newest concept in surA'fac, * ' - DesiA4ied to beautify old or crett' #4 or blacktop-, mina seashell or natural stone combined with �Mstone bond (epoxy) ates the ultimate in n surfacing material. r `r Create Beautiful ... Patios, Walkways, Driveways, Pool Decks, Steps, Planters. rIMAY11 114 "ION't? 1 1Iw. ltrww• F:rwd r, dr owd wit►t , I ()NI m mwA 2- M$r. the rrwr.l hrauldul dr, krnx in thr wwhr.lrr 1. Thr dN4 kom r. UX ICN Md M A knl F M Aw 1) � 41t)rNF KMNO k num Iwrw• IrrgtFwr thM Nrww• +t.r}I 1. Facr to tnamlmn %. ( (MMM F It I t f I IMIN A T F S F'l t XX TN(, W A T F R 6. Fbnwnalr kmrWw t .at k, pr" akrM to t rwK nrlr f� 7 Fhnwnatr. .tawn amAher thara.trri.fw of (nmrn1r, finnF drr k, and rwhrr ma.nnry do kw►R a. Nrtn-Skid. 1. Cuoorm>rd drr kww N) wit r wotwnrr. drwrr. (wwpak. (uwh, dniphnik, prme%. e4t ) 10 N F W F S 1 t rww qX sn der k w#X wrier r. In The I ndust rN: All Seamco""'" Surfacing Materials guaranteed against defects in Materials. t y "'fir l/t i ; *.!. Searnco "' Natural Stone is hard River -Rock shaped by years of Mother Nature's running waters. ''When NalurOStone is COj bind with Seanwo' Stone A it Rives a 4biny, diamond -Me finish - bringki6put the Natural Beauty and Color of Natural Stone! r rl IDEAL FOR RESIDENTIAL-, OR COMMERCIAL The most unique selection of stone and shell. Many available by © exclusively. MI NUTE,S OF THE REGULAR ORONO COUNCIL MEET I NI; 111:1.1; JANUAPY 1 4 , I(W) PAGE 5 #874 DUANE HANT11 & MRS DONALD JOHNSTONE City Attorney Radio noted that at the last meeting this application was approved and that the motion here tonight would just be on the resolution itself. Radio noted that if at the last Council meeting, Council had granted conceptual approval, then they could change their minds, but it appears from the minutes that the #881 WILLIAM KRUTZIG 1629 BOHNS POINT RD REQUEST FOR ADDITIONAL HARDCOVER REVIEW #811 JOHN ERICSON 1620 SHADYWOOD ROAD DENIAL OF APPEALS PETITION RESOLUTION 11719 Council approved the application at the last meeting. Radio stated that the vote tonight is only a vote to formalize the approval given at the last Council meeting. Councilmember T. Adams noted that he did vote against. this application at the last meeting. Adamms noted that he will vote for the motion to approve the resolution onlyafter consultation with the City Attorney. Adams noted that the resolution is consistent with the motion to approve passed by a majority of the Council at the last meeting. Councilmember Frahm move , Mayor Bvtler seconded, to approve Resolution 01718, A Resolution Granting A Variance. Motion, Ayes ( 3 ) , Nays (1) . Lynn. Adams voted nay for the reasons noted above. Wi11iamKratzi9 was not present. Zoning Administrator Mabusth stated that the City Engineer needs to review the new methods proposed by applicant to combat hardcover and'staff is awaiting his opinion. Mabus*-h stated that this item was on the agenda for information only. Councilmember I,. Adams noted that Krutzig's new idea for hardcover under decking is very goo6. Mayor But I er moved, Ccunci I member L. Adams seconded, to table the Krutiig request for additional hardcover review pending receipt of the City Engineer's review. Motion, Ayes (4), Nays (0). Zoning Administrator Mabusth noted that John Ericson had contacted her and wished that the Council would take action on the resolution without his attorney's formal respcnse on the resolution drafted by staff. John Ericson was not present. Mayor But ler moved, Counci ]member I.. Adams seconded, to approve Resolution #1719, A Resolution Denying an Appeal!; Application that would except the division of legally combined lc►ts from the subdivision regulations _� a..a (t 1 - Wava I t)) _ TO: Glenn Cook, City Engineer FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 22, 1985 SUBJECT: #881 Krutzig Custom Homes - Hardcover Variance Request Glenn, I am enclosing the information on Krutzig's hardcover application that were included in your January 14, 1985, Council packet. Also included is a late -arriving calculation of drainage through a deck by Mark Gronberg. I have additionally included the site drainage plan submitted by Krutzig. Please review the information submitted and formally address the following items for the January 28, 1985, Council meeting: 1. Comment on site drainage/grading plan submitted. 2. Comment on the issue of decks as hardcover or not based on the arguments presented. 3. Comment on the use of the runoff coefficients for various surfaces as related to our hardcover ordinances. 4. Comment on the "Seamco" paving product presented. I am anticipating that ttie Council will need to document their decision if they choose to start considering certain deck designs as non - hardcover. It would be helpful if you can have something in writing for Mondi 's meeting. Please call if you have any questions. To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: January 23, 1985 Subject: #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road Variance - Additional Review Request Synopsis - At your December 10, 1984 meeting, Council directed staff to prepare a resolution of denial of the proposed hardcover variances to construct a deck and extensive driveway in excess of the 25% hardcover allowance. Applicant has submitted further information on this deck and hardcover in general, and requests your additional review. List of Exhibits Exhibit A - Application Exhibit B - Applicant's letter of 12/14/84 Exhibit C - Drainage Plan Showing Sewer Line Encroachments Exhibit D - Gronberg Report With Hardcover Calculations Exhibit E - "Seamco" Surfacing Material Literature The request to the Council is that you further review the issue of decks as hardcover. Applic:,.nt contends that a deck with specific minimum slat spacing and with permeable materials underlying the deck is not and should not be considered hardcover. City Engineer, Glen Cook, has been asked to review the technical aspect of this for you. His preliminary opinion is that under controlled specific circumstances, decks should not be considered hardcover. What is a reasonable enforceable performance standard? Do we give decks meeting specific slat spacing and underlayment materials credit as 0% hardcover? If so, we may have to require more intensive inspections of new decks, and may have to even consider performing routine follow-up inspections to ensure that they don't become hardcover later. We will certainly have to publish some type of flyer to explain the standards to the public. Also, consider that we have in one case accepted the concept of perfora*ed polysheeting under rock as be ng non -hardcover. Verifying this on every deck installation using this method will be a time consuming task, possibly requiring multiple inspections for what is usually a minimum ($25.00) permit. fee. In the Krutzig application, the decks are proposed to be located behind the 75' setback line, requiring only a hardcover variance. in another variance application you will be reviewing on February 11, a request is made for decks encroachinq on the 0- 75' zone. Remember that even if decks are declared as non - hardcover, they are still considered a structure, not allowed in the 0-75' zone. In addition to the deck issue, applicant is requesting you consider the merits of other types of porous pavements for drive- way, patio or sidewalk use. In talking with the local supplier of the "Seamco" stone/epoxy product, (Exhibit E), he notes that t is recommended to be used over a concrete or asphalt slab so it the epoxy in the rock layer will monolithically bond with the slab. They stated it would take a 2-3" thick layer to have even minimal stability over a sand filter, and wouldn't recommend this method except for small areas such as sidewalks. The applicant has previously asked you to consider a drain - field type run-off storage and release system. Presuming that this is technically feasible, and presuming it will perform the function of filtering run-off before it gets into the lake, should we start granting hardcover variances on a control struc- ture" basis? Wily this undermine the credibility of the hard- cover ordinance, since the public will perceive the additional hardcover but not the invisible control method? Finally, the issue of driveway paving in general. We do not have a code section requiring permits to pave driveways, hence the typical pattern is that existing non -paved driveways and aprons (dirt or gravel) often are transformed into less permeable asphalt or concrete surfaces. The tradeoffs may be questionable. If we have a "gully washer." that would erode a gravel or dirt driveway where the run-off reaching the lake from a paved drive- way would contain much less silt and sediment, which is preferable? Should we require permits for driveway paving in LR Districts? MINUTES OF THE REGULAR COUNCIL MEETING HELD JANUARY 28, 1985 PAGE 4 #783 I.D. CAPLES 4798 NORTH SHORE DRIVE VARIANCE RESOLUTION #1721* C881--1Q1LLIAM KRUT7.IC1 1629 BOHN'S POINT ROAD VARIANCE Councilmember T. Adams moved, Councilmember Frahm seconded to approve Resolution #1271, A Resolution ,,r.tnting A Variance. Motion, Ayes (5), Nays (0). Applicant William Krutzig was present. Assistant 'Aoniny Administrator ^,affron stated this property w-)uld require a variance or at least some additional review because of the proposed hardcover and Mr. Krutzig would like to present some alternatives to hardcover. We have a report from his engineer, Mr. Mark Gronberg, that discos.i•.s slat spacing of decks and underlying material. I have asked the City nyineer Glenn Cook to review this material. Cook stated the proposal to place a sand bed under the ci•-,ck to absorb the runoff is a good idea if you look at it from a hydraulic point of view. From the City's point of view ,we h.t a policing problem, we have no way of knowing at some point in time of changes that could by .nadtt by future own--�rs of the property. Frahm stated he aould not be in favor of policing decks. .. ;,Jams st;f ted we should leave the ordinances the way they are, discouraging decks beyond the allowed hardcover and not allowing decks within the 0-75 foot setback. When a speci,ji r_Qn«,, along where the topl. i-3-it hay; presented a goad plan for runoff absorption <ind *;h,?re the applicant has a hardship on th-, lot we would allow some additional decking or some additional treated hardcover on a variance ba s i :; . ?r)•iing Administrator Mabusth sugyestea listing this in the resolution l i m i t i n;3 the deck to the size or area you would allow for that decking since the resolution is file) in t:ht chain of title. Assistant Zoning Administrator Gaffron stated the property would be allowed a minimal garaye apron and a 10 or 12 foot driveway veway getting out to the access road. Krutzig is pronosing a new proluct, it is a rock ayyre(jatc: with an epoxy material that will hold them toclether. Gaffron showed samples of this hr.ocluc:t to the Council. This produrt has not bee, used without a solid bast' in a winter climate art th,r rt-coimnF�n.IoLion 18 to il-;- 1�: ),.I 9 of asphalt or concretf:. In lieu of th.tt to mike it a none MINUTES OF TILE REGULAR COUN'CII, MEETING IiELD .JANUARY 28, 1985 PAGE 5 APPEARANCE BY MRS. ROSS1W, 130 ^_YGNE': hardcover they suggested using 2 or 3 inches of this for a sidewalk or maybe a driveway, but there would be problems with a large suLL.ti-?. Grabek stated this is new construction and the applicant should live with the hardships. Councilmember t,. Adams Moved, Mayor Butler seconded, to direct_ staff to prepare a resolution of approval for a hardcover variance for Krutzig Custom Homes to allow construction of a 900 square foot desk at 1629 3ohn's Point Road with a special under deck and deck perimeter construction as described in Mark Gronberg's letter dated January 9 and 10, 1985, finding that: #l, one (1) foot of sand will allow water absortion at a greater rate than grass on standard clay soil, #2, 1/2 inch rim around the deck wil l el i-ninate spillover, #3, the underside of the deck will be constructed within foot or less of the ground preventing later addition of underdeck hardcover an-i 44, tlt� sidewalk and driveway will be constrat:ted within the standard hardcover calculation limits, #5 the hardships are the limited lot size with no additional land available, #6, the applicant has already :.ever ly limited the scope of his bailain,3 size to accommodate the neighbors concs�rns. M )t i !)rt, 1y.?s (4), lays (1). Grabek nay. Mrs. Rossing wis in ,it:t-ndanro. Zoning Administrator Mabusth reviewed for the Coancit the activities that have taken place concerning this property over a several month period. Also presented were photograp'is -if the property taken over this period of time. Mabusth stated it appears a business is being conducted from this residence. We believe it to be a tree trimming business although it is ery difficult to prove. Mabusth reviewed with the Council several code violations on the property including Section 10.20 (C) Home Occupation, Section 5.40 Home Occupations License required, Section 9.55 Maintenance of Private Proper.Ly, Section 9.21 and Section 9.22 Public Nuisance and Permitting a Public Nuisance and Section 10.60, Subdivision 13 - Exterior Storage in "R" District. Mrs. Rossing stated she could not r.Yspond without reviewing the information the Council had before them. Mabusth stated that the information was nothing that she was not aware of, it wis •i review of information she had received before. Mrs. Rossing stal.ol th.it: 1-ist fall. sh•, had to put in i nc,w unyite ►1� «C� I. OWN" L� j(-8i C! TY OF nRn n February 7, 1985 City of Orono P. 0. Box 66 Crystal Bay, Minnesota 55323 Attention: Mike and Staff Planning and Zoning Department Thank you for your time and effort in the resolution of the hardcover variance #881. Your consideration and follow-up was greatly appreciated and you are tr commended for a job well done. Sincerely, KRUTZIG CUSTOM�XOMES, INC. William M. Kr�itzig 410 Ferndale N. Plymouth, Minnesota 55447 To: Orono Council Members From: Michael P. Gaffror, Assistant Zoning Administrator Date: February 8, 1985 Subject: #881, Krutzig Custom Homes, Inc., 1629 Bohns Point Road Resolution of Denial Attached is a resolution denying the variance request of Krutzig Custom Homes. As you recall your original motion was to approve the deck as non -hardcover but not allow a variance for the sidewalk and driveway. Since the deck in this instance is not considered hardcover there is no hardcover percentage variance granted, hence a resolution approving a variance would be misleading. Please review the conditions placed on the deck construction and future use of the structure. Do you have any additions or changes you feel are necessary? ZONING FILE NOX 881 CITY OF ORONO NOTICE OF COUNCII, ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 2/13/rs5 ---------------------- ------------------------------------------- TO: Krutzig Custom Homes, Inc. 90: William M. Krutzig 410 North Ferndale Road Plymouth, MN 55447 ----------------------------------------------------------------- TYPE OF APPLICATION: XXX Variancc --------------- ------------------------------------------------- Date of Meeting: 2/11/85 Vote: 5 For 0 Against COUNCIL ACTION - MOTION: To approve the attached resolution which denies a hardcover variance but finds that the proposed 900 s.f. deck is not hardcover and must meet the stated criteria. Please arrange to stop by the office and sign the 3 original resolution copies. DEADLINE DATE: XX VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. If you desire certified copies of the official Council minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1726 A RESOLUTION DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 FILE NO. 881 WHEREAS, Krutzig Custom Homes, Inc., a Minnesota corporation, (hereinafter "the Applicant") is owner 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 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 :.hat. the City Council of Orono, Minnesota, hereby denies the application of Krutzig Custom Homes, Inc. for a variance to Municipal Zr.ning Code Section 10.22, Subdivision 2 for the property legally described above, based on one .,r 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 LR- 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 ct:wlitions leading to the need for a variance were created I the-_o?irant. pa<ae i of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 i.:6 5) 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 Counci 1 finds 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 uounci 1 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 const •tion of deck, sidewalk, and driveway improvements to the prc. ty 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 mee, 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 an-; fill layers to the original soil surface. e) The deck platform shall be no higher than 12" above finished grade, or if it is higher, a suitable barrier must bl, placed between the deck and the ground surface t- -prevent any access which would allow future place- mL,.c of i-T,v+meable materials (plastic, concrete slab, etc.) under the deck. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 726 2. The applicant is placed on notice that the deck and the areas above and below it may never be ccvered 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 total of 775 square feet, a--' innovative surfacing method exceed this amount are subje.._ are limited in hardcover to a -ny porous pavement or other ,�csed to be used in order to Lo review by the City. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation, of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned 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 llt:i day of February, 1985. ATTEST: Db ot�(-allin,'City Clerk 1) Property Owner Mary C. Butler, Mayor STATE OF MINNESO'rA ) COUNTY OF HENNEPIN ) 1 CITY OF ORuNO ) I Dorothy M. Hailin, City Clerk of the City of , Hennepin County, Minnesota, do hereby certify that I hav�_-inpared 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 ;jroceedings of said City Council at a meeting of said City Council held on _ _ _ February 11 19 B5 , 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 ana sea! this 1st day of March _---- _- -- 19 -85— dthy M. allin, Cit. Clerk (SEAL) This document is being recorded for the benefit of the City , f 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 55.i2, MINUTES OF THE ORONO COUNCIL MEETING HELD FEBRUARY 11, 1985. PAGE 1 ATTENDANCE 7:03 PM The Urono Council met on the above date with the following members present: Mayor Butler, Councilmembers Grabek, Frahm, Lynn Adams, and Tim Adams. City Attorney Radio was present. Zoning Administrator Mabusth, Assistant Zoning Administrator Gaffron, Public Works Coordinator Gerhardson, and Recorder Sutton represented the City staff. City Engineer Cook arrived at8:05p.m. Planring Commission Representative Rovegno was also present. CONSENT AGENDA* Councilmember Tim Adams asked that items 12 and 20 be removed from the Consent. Agenda* for discussion. Councilmember Lynn Adams asked that item 10 a'so be removed for discussion. Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the Consent Agenda*, subject to removing items 10, 12, and 20 from the Consent Agenda for discussion, with all staff reports concerning these items to be attached to an original ,opy of these mi nutes on f i le in the City Clerk's office. Motion, Ayes (5), Nays (0). APPROVAL OF MINUTES* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve the minutas of the regular meeting of the Orono Council meeting held January 28, 1985. Motion, Ayes (5), Nays (0). LAKE MINNETONKA CONSERVATION DISTRICT REPORT There was no Lake Minnetonka Conservation District Repc;rt . PLANNING COMMISSION COMMENTS Planning Commission Representative Rovegno was pre.�rt substituting for Planning Commission Representative Goetten. PUBLIC COMMENTS There were no comments from the public present. �1884 KRUTZIG CUSTOM HOMES 1629 BOHN'S POINT RD VARIANCE RESOLUTION /1726* Councilmember T. Adams moved, Councilmember L. Adams seconded, to approve Resolution 0 1 72e A Resolution Denying a Variance to permit arlditional hardcov^r. Motion, Ayes (5), Nays (0). July 29, 1986 CITY of ORONO Pout Office Box 66*Crystal lily, Minnesota 5532.3•Municipal Offiew On the North Shore of Lake Minnetonka Krutzig Custom Homes, Inc. William Krutzig 410 Ferndale Road Plymouth, MN 55447 Re: P.I.D. 17-117-23 11 0005 1629 Bohn's Point Road Dear Mr. Krutzig, This letter is to inform you that the Orono City Council, at a regular meeting held July 14, 1986, did adopt a resolution to provide for collection of yc,••r delinquent unpaid developer fee on the above roterfnced pro, v in the amount of $171.00 plus interest at the rate of 1V% 1. -.,,.um from March 1986. This delinquent fee has been levied for collection with the real estate taxes collectible in 1987, as you were notified would happen by Zoning Administrator Mabusth in her letter dated anuary 31, 1g86. Sincerely, Thomas M. Fuehn Finance Director TM'-' 11 V6�: Jeanne A ?or,ng Administrator AI'lt MAiG • lhVIN/, 471 735 J • AUM1%15IRA TION t F l%ANO . 411 115M R /1 al 14 WORLS 47 j•7,159 ASS! SSINC WAYNE O.POPNAM RATMONO A. MAI% ROOCR W. SC/.NORRIC'. D(NVCR KAUIMAN ROSERT A.idIN.SM ROLr( A.WOROEN O.MARr WMITKMCAD SRUCC J.W,LLIS rREDCF -Cm S. R'CHARDS O. ROSEAT JOMNSON CAR, R.MArOMSER Nos(RTL.RURK MUON V. PLUNKET.. III ►REDERICK C. RROWN THOMAS K. R(RO JAMES R.STCILCN JAMES S.LOCKNART ALLEN W. HINDCITAK(R CLIrrORo M.OR(EH( O. WILLIAM KAUFMAN MICHAEL O. FREEMAN POPHAI HOWARD SAM MYE.S.". LARRY D. ESPCL JANIE S.MAYERON TNOMAS J.6ARPE7T JAMS A. PAYNE DAVID A.JON(S L(E [.SHEENY A'L!w FRCCON PATH AA A. JENSEN L(SL1E GILLETTE M-CHACL T. NILAN RORERT H. LTNN TIIOMAs M. SIPKINS ROSEFIT t VOILAIIEN . JMAS .. NELS^'I TNOMAS 4. RAD 10 DAVID L. HASMMAL: ILATHLEEN M.MARTIN JOHN C.CMILDS DOUGLAS P. SCAfO., THOMAS E.S.1—Eft Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: IK. SCHNOBRICH 6 KAUFMAN, LTD. 3300 PIPEM -IA . ')WEL MINNEAPOLIS, MINN, IOTA SSIlO:, TIE LC PH OIIE R12-333-4000 TCICGOPI[R 0 12 - 334-a7,3 SUITE 2 :o0 1200 SEVENTEENTH STREET DENVER.COLORADO e0202 TELEPHONE 303-893-1200 TELECOPIER 303-093-2194 SUITE 300 SVUTH 1800 M STREET. N. W. WASHINGTON. D. C. 20030 TELEPHONE 202-428-53C0 TELECOP:ER 202-428 S31R DIRECT DIAL NUMBER 334-2549 gust 7, 1987 Rif HARD . - - ..I •RUCE R N CTCR/ OAR' D. SLA /ORO SCOTT E, a.— PAUL J. LINS SCOTT A. AM- (LIjASEIH A.T KLITN J. MALL•.L MARK R. PCTCRSCN D. RANDALI SO'CR RRIAN N. JOMNSON 71MUTM♦ W. KUCK CAROL S. SWANSON SRUCL A. PCTERSON JIILIE A. SWEITjER THOMAS C. M.(LCNNAUSCN MATHL(CN A. R..ATj MICHAEL O.CHRISTLNSON J.MICNAEL SCMWARTj LARAY( M.ORSORH[ 7000 M. JOMNSON JErrwET P C RNS LOUIS P. SMITH FRANCIS J. CONNOLLY SRUCE N. LITTLE 'Aft. F. PALMA I- IISELL R.PO!.CSSA S• AN L.CRAW /ORO .VID K.RYDCN M.TTHCW C.OAMON �OMN W.PROVO 00900R' O. RROOMCR WILLIAM M. OJIL(. JR. TCRRANCr A. COSTELLO JOSEPN D. VASS on -AN W. OHM STEV(N A. CNCLCSNIK ORCOORT O. SCOTT SHARON N. rUILMEIR O• GOVNSICL FR(D L.140RRISON Enclosed and listed below are variances which cannot be filed in the chain of title because they are registered as torrens properties. Name Resolution. No. R. H. Greene 2085 R. E. Brown 2080 R. E. Brown 2189 W. M. Bracken 2153 D. J. McCurdy 210: G. W. Long 2104 Krutzig Custom Homes, Inc. 1726 T 6 J. Hitch 2133 J. E. Mertes 2123 T. Bert-,Aaume/C. Kachenmeister 2186 R. E. uemshar 2184 F. Janecky 2205 G. Nelson 2061 R.F. Potas 2161 Ken i Reny,- Eggert 21.73 Jim i Ruthanne Lange 2169 J.P. Fleischhaker 211.3 If you have any questions, please- feel f-ee to rail either me or my sRcretary, Joyce Pe'm-aen at 334-2736. Very truly yours, is ! �! '', f�•�c J �': . ��i j--> rn L. Hurnik Low ' NesiPtant EH/jlp/3328 Enclosures