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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 24, 2007 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *3. #06-3191 KAREN FEYO, MARK FULLER, AND STACEY NAKAYA, 4055 ELM STREET -VARIANCE -RESOLUTION NO. 5664 White moved, Bremer seconded, to adopt RESOLUTION NO. 5664, a Resolution Granting a Variance for the property located at 4055 Elm Street. VOTE: Ayes 5, Nays 0. *4. #06-3243 RICHARD MARZAN, 2795 PHEASANT ROAD -CONDITIONAL USE PERMIT AND VARIANCES -RESOLUTION NO. 5665 • White moved, Bremer seconded, to adopt RESOLUTION NO. 5665, a Resolution Granting a Conditional Use Permit for Grading within the 0-75' Zone and Variances to Hardcover. VOTE: Ayes 5, Nays 0. *5. #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD - REVISION TO SETBACK VARIANCE -RESOLUTION NO. 5666 White moved, Bremer seconded, to adopt RESOLUTION NO. 5666, a Resolution Revising Resolution No. 5611, 1280 Bracketts Point Road. VOTE: Ayes 5, Nays 0. *6. #07-3293 GEORGE W. STICKNEY FOR BRUCE PADDOCK, 1500 BRACKETTS POINT ROAD -VARIAN CE -RESOLUTION NO. 5667 White moved, Bremer seconded, to adopt RESOLUTION NO. 5667, a Resolution Denying a Variance to Hardcover for the Property Located at 1500 Bracketts Point Road. VOTE: Ayes 5, Nays 0. .,. 7. #07-3303 KLINGELHUTZ DEVELOPMENT CO., 2525, 2535, AND 2545 SHADYWOOD ROAD -SUBDIVISION: SKETCH PLAN FOR PRELIMINARY PLAT AND COMMERCIAL SITE PLAN Terry Schneider, Project Developer, was present. • Schneider stated their original plan for this site consisted of office condominiums, which they felt was well suited for that type of development. The challenge has been related to the layout of the buildings. A number of options have been explored and they have discussed the various issues with Staff and the neighbors on how the site should be developed. Schneider stated in his opinion the current housing market should not have a negative impact on this development given the small size of the site. Schneider stated the anticipated tenants for these units would be professionals and would not generate a great deal of traffic. Schneider stated the majority of the site is zoned B-4, with a small section being zoned B-6. The proposed entrance would be off Shadywood Road. Schneider stated the entire site would need to be zoned B-4. PAGE3 oflO REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner Title: City Planner Item Description: Administrator Approval: #07-3285 Rob and Kristine Johnson, 1280 Bracketts Point Road -Revision to Setback Variance -Resolution Zoning District: LR-lA (2 acres) Lot Area: 1.80 acres Lot Width: 300 feet List of Exhibits: A Proposed Revised Site Plan and Building Plans B -Resolution No. 5611 C -Resolution Revising Resolution No. 5611 Date: May 14, 2007 ItemNo. 5 Agenda Section: Application Summary: Applicants request a revision to a variance that allows a pool house/storage building four feet from the swimming pool when a ten foot separation is required to reduce the separation to 2.5 feet. Background: The variance was granted to allow a 574 square foot pool house/storage building. The foundation for the building was to be the existing pool equipment enclosure supplemented with post footings. When the actual building plans were developed it was discovered that the soils in the area would not support a structure on post footing unless the posts were pilings. The building was redesigned to reduce the size of storage area so the building is now only 342 only square feet. It is supported entirely by the pool equipment enclosure. The structure is now cantilevered on both sides of the pool equipment enclosure. Balancing the structure requires it be placed 2.5 feet from the pool rather than 4 feet. The operable windows in the wall overlooking the pool are too small to allow someone to jump from the building into the pool. The steps have been redesigned as required to make it more difficult for someone to climb onto the roof. A retractable pool cover is also being installed. Staff finds the change is reasonable. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution Amending Resolution No. 5611. LEGEND • FOtiNo VGWAIENT 0 SET MONUMENT II AIR CONOlllONER 11 E1..£C. JIETEH J;jl t:ASMETER tLLLLL.BUILOINC UN£ ---BYll/JINCOlERHANC -£/JG£ OF WATEN -B/Tl/1,1/NOUS St/FACE ~ CONCRETE SURFACE ~ Slr:NvE PA~ SIIHFACC ~ HIP HAP SURFACE 1111 LANDSCAPE' SURFACE TREE LEGEND O£NOTES SPl?tJtX DENOTES ASH DENOTES AIAPI.E OlNOTES POPLAR DENOTES SHRUB 1 NUJIBEH FOi.1.OHINC m£E DIAMETER DENO!FS A 71?£E IHTH AllllllPLE ll?i.lNKS • MIA/BER FOU.OHING SPECIE IS TREE' OIAAIETER 40 ! SCAL£ IN FEET -~ ~ ' ·.'i I I I I I I I I : ~ I ~ I; •. C> I\ I L. C> I\ L. A t< E BRACKET TS N0"5'51•w N t< A fO POINT ROAi) ~ I ----~J J76.06 FIELD BOOK PAGE FIELDWORK 2687 31 CHIEF: REVISIONS SURVEY FOR: --~=~-+-~--.KK-_ NO. OA1E OESCRIPTION 1-17-06 AOD WElLAND BOUNDARY PER DETERMINATION DRAWN BY: 1 ,-..,.D~R_A_W-IN_G_N_A~M-E-,---1RJ..____l--+----+--------------------i 32401 JOB NO. 32401 FILE NO._fil2__ CHECKED BY: Be__ BOUNDARY & HARDCOVER SURVEY MS 8cR, LTD. 710 SOUTH SECOND STREET MINNEAPOL.IS, MINNESOTA \ " V ~I 1s -r I PROPERTY ADDRESS: HARDCOVER CALCULATIONS HARDCOVER CALCUlA TIONS OF SETBACK HAROCOlCR CALCUlA TIONS OF SE7BACK ZONE O FEET throug!J,_ 75 FEET ZONE 75 FEET tllrou9..h 250 FE'ET POOi. -12 BUILOINCS -'809 PAllO -210 C(WCRE7£ -1'0 LANDSCAPE -J,t OR/1,f"WAY --1726 RIP-RAP -2.665 PATIO -l72J POOi. -864 HARDCOVER AREA -J,228 l.ANOSCAPE -950 PRCt"ERTY AREA -26,218 WAl.1 -819 PERCENT tY HARDCOVER -12.r HARDCOVER AREA -I-I.OJI PROPERTY AREA -52,1JJ PERCENT OF HAROCO~ -27.r LEGAL DESCRIPTION That port of Loi .X Rt1orron9,mumt of Qrono Point, according to flu, ~6</ plot thsr"°F, lj,,ilg soutlltN'ly of lhd following dtJsct'ibtld line and its t1Xft1nsicns: Commenci'ng at thd southwest comttr of sold lot ,l· llumce norlh, along lhd wdsl !ind of said lo/ .J lo lhd northwest comsr thtJrdOI, being l.ht1 polnl of D~inning of the llne being ddscri'bdd; /hence soulheoslt!f'!,J: ol on ong!d of 6-1 dtJgrHS J.J mint/Ids .JO s«onds with lhd west /Ind of soid lot .,t to the short1 of lolte Alinnetonlta and /hem tdrmlnating. NOTES 1. 1ht1 orientation of thi's b«mi1g SJISI~ is based on the H+,st /Ji,e of lot ~ RearrongemMt of Ch:>no Point wllk:11 i's assumed lo hovr! a b«1ring of South O d~ret:s 05 minutes '1 seconds £ast. 2. AnNI of the properly describdd henon is 78,.JSI square li!dt or I.BO a~s. J . No ut17itles havo been located during the course of this sur"9y. Verification and location of all utilities and services should be obtained from the owners of the respective utllltles prior to any design, planning or excavation, ,1,. No tifllf wott was fumished for lhtt pr"f}araliOII of this surHty lo ll'IN'ify thtt exlsten~ of any easements or encumbrances. 5. The wetland shown hereon ls shown per Information provided by Svoboda Ecological Resourct'JS, per Proj8ct Number 2005-099-04, doted January 4, 2006. Pl~se note that this Is not a wetland delineation, but rather a determination and must be 'Vef'ifled later by Svoboda Ecological Resources when conditions permit. I hereby certify that this surwy was prepared under my supervision and that I om a duly Licensed Land Surveyor undt11" the laws of the State of Minnesota. Brent R. Peters Minnesota License No. 4412.J Date of survey. December 20. 2005 EGAN, FIELD, & NOWAK, INC. 1280 8RACKE1T'S POINT ROAD ORONO, MINNESOTA "SURVEYORS SINCE 1872" 7 41 5 WAY2ATA BLVD, MINNEAPOLIS, MINNESOTA 55426 PHONE: (952) 546-6837 FAX: (952) 546-6839 WEB: EFNSURVEY.COM COPYRIGHT O 2005 By EGAN, FlELO &: NOWAK, INC. '::"'•• E-..)(J,S__, TING J>QQL Ci, ,0 ,0 < q-\_j 't"°t'-lL\ 1~~ N.21.\.. ~j {~. uu,-- "' T~:!;' -{)NG TI<\ ~ ~ JWJ ~ jy~ 2 -..JN-2- ,D ~ ~ ~ 't ;J\ \J'I ,t-N ~ -' '-0 NG =1 ,,-~ ~ 2 ;t~ uu~ uN~ ,0 s " ;;'; {µ ~ 2'-6" 'fl ~ --...- 1' CCM7464 CAWN2424 11'MPl'Rl't7 0LAS5 18' ? -2' 6 " MILi-"! BF-lv\/EF-N WDWS 7· AWN7824 CAWN242'l C~MPS664 CCM2464 11" f-!(f,D CLAS5 fl'MP!':!(f,D r:.il-ASS J [~;;~ I _ "' I 7 6 q, \i\ 'fA!Jl.rw t:Yl.fl N e T ff Rl~'E S E'A S 01 ~ ~.; 11---<E'-----"' ~ \F'O R Cfl ~ .,6 :,; I i12'-2" X 18' I °" ' ~ ~ FLAf CflLINw ~ ~ ©) I ~ !WrA Vv111~ g l , ~ LI_,__ __ _. ;l; CJ 7X 1 COlHR °" "; 6 "' I () @ ".>2" O IC () I _ C'S I 2 "frt1-G7 ;". c:, '"-. .. / 8 ib e5 ;l; 77?8 2 '-->--Z \-, :e ::l L2,YLU I ~ / " i(i I ~-le, C) -1.':L ' ~ tU t 6 >R ~ &: 7 6 "' I "' -ZF CJ 1 · 8 ~ C) ~~~ Z ~ Gr+----l I). "' "" '·" I u.__\ '-l+----l I). IL ll'.l ';5 ~ = 2 x 12 RAr11'R5 Ar,ovF-j . \f' ~ 2 6 I ~-;-i;s"'o-Z:--~-t s ~ N G -z ' \-~1c:l ~ 0 \'--\J\ .. 1 'f:2~ I 7 6 ~ ~YL!_J .' t7R~l711'\1CROIT71Ml3V\M7iFT't'roJ R ~----l \i\ q, II\ "' "' () () le, -' "' ~ (}', ,o ' \I\ 9' PA1Jf1 DOOi~ JRANSQlj,I 1vovr. "S10f.lt' P ACW iSrEP5 Vt:RlrY 1MfH LAND5C/'fP COf,lfRAUOR 2'·10" 41_411 4' -4' ;:,'-4" 71-211 V 18' f{ ~~ O- F" " ~ r ,,,a Cl) VI Q.. C 'S" .§ (t1' "1 ::r ~ --~ (I,, ~ ~ CJ) ---" ~ JS ::s rr, >,; <.') :,i· 0 ;:·.; ~": , ... , --'1 ...... ....., ,,.,... ("-J "t~ ~":;:,; " " " n f\jffi r ~ <' ~ 7' ;i," r S: ~ ~ rn ~ rn " )> r ~ ~ ~ ~ iJ'; ,"' :j; f\1 ;:;; F E ~ l\1 c;; " ~ c:;i "' ;;; z " "' VJ ~ ~ ~ .., ~ VJ t-, "-"I ~ b --~ ~ ~ t---. ~ ~ ~ a ~ "' ,il=I ;i;ca-z 1\1 s: s:" zHl~;;i s: iii ;i: ~ \jj '3 ~ \ ~~~ ii\ 7'l '0 ',:_) _; ()~ ~:: ~6SiR l\1 C ~ '(3 iii ~ 8 I ROB & KRIS JOHNSON COPYRIGHT STREET ADDRESS DATE 8+01 8-8-01 t/;)2007 1280 BRACKETTS POINT ROAD 1-29-07 kcpdesign CITY, STATE ORONO, MN DEVELOPMENT LOT !BLOCK !COUNTY: HENNEPIN REVISED ?-21-01. 6-1-01, 6-10-01 4-26-071 4-30-071 5-4-0715i7-~HEET SQ, FT. 342 PLAN NUMBER C4567-2 1 OF 4 JN "' ~ C"_) VJ ~ Q ; ~ --t---. ~~ ~ ~ a ~ BOTTEMA CONSTRUCTION, INC. 5075 COUNTY ROAD 140 CHASKA, MN 55318 952-448-2182 KCP HOME DESIGN, INC. 7516 77TH STREET 952-474-4152 CHASKA, MN 55318 CELL: 612-419-7896 ernail:kcpdesign@juno.com ~ ~ ~ Co Al C) tj ~f ~~ $ ~ °' (" ~ )( c \f\ ::s--0 (' ~c ~ ~6: t,~ r'\ ~ r ~ ~ ::,- ~ ~ ~ ~ ~ -c;, ~ ~ \/\ rep<t,Mf;DE51!,N.'N:;.,HA5M~e•,t.RY er"(Jl1f' <'0:,51!",e -ro <>i20v1A: J.. r~u se~ Cf\~i~tJIV-.V,f\1(6.fli:- Catrl!>CrQliU<fQl/f. OA+.!':~ 1/U':,I" \/'H'l~\' & Of.a:,u..r,.o:is.01:-rN..s.i~v.1}..1:';S~ w-,,vrauof.'<: ?e516NOf ~we~~ O•~IS90N51'fFOOC~. tCP i-\0/,'f t7t51CoN AmW:5 f,,O !1!:'S,"ON511'l.lf1!:5 ~OR5mX.:nR."L OE OIW~. ~W!m CR 0/Jl59°'1'5 -..0 WfmM1!;5 EWl<f5'5 C9- l~l!'l!'r:: l"-t:'.LlV'~i:. COV?\..I~ O' 1{5 l'L-'N 1',1f\-j ff'l't.lUOU. tWL.O'Nv an ~1,1£1-..'fS,'ff/Nl,tf;\(Cf.Pff.-\':?".:(;'t~ ~~!:IYM:'M'UI! POOL SIDE ELEVATION SCALE: 1/4"=1' B" FRll"LI" i?OfW @ PrRIM!'lc'R , ✓L-6" i?ANl?i?OfRl:J LAKE SIDE ELEVATION SCALE: 1/4"=1' @PrRIMElc'R 6" fRIM i?OfRl75 @W1Nl?OW5 & l?OOR OPT IO, 6'-6" NEW mt'NCH FOR RE'fRN:f/\BlX POOL-COVERINGi 5ffC5 BY MANLfK11JRE'R ~ EXISTING POOL 4' B'-2" S,'-10" 4' -4" C +--) CM!f t:JROPffl? 5ITfc ffAM @ ffRI EITR~ rr -~ --=---=---~ h. :~-7, ~ \j ' i : t~ I . ' ~ 7'©) ~ I ; . I ~ . . I 11 ~ es~ ·11 • ~ ~ , -, 'I i II "' : ~ i · . : ~ P I ~ ~ \'e ~\/\ \'e ~ c,! @ I l ~ s:~ . ~ ;'? @ I ~ I ~ ~ ~~ I ~ = I ~ 'I i ~ I ~ ~ I' ! I rl -I ~ ~ 8 II D I tXl511NGi : ,, D ~ Mf'CHfNCI S!- PRAY 5ITEc ffAM5 WlfH B111MONOU5 MAITRl,AJ, OP110N,AJ, SCRl"ENINGi BEfWEEN FWOR & GiRAl?E YrRIFY MAITRl,AJ, WlfH CON-rRN:fOR & O\'vl\lER I ~ WOM ! 11 lL --= ~-----=--= -J] __ ___ 4' B'-2" CM!f S,'-10" CM!f mt'AITI? Pl-YWOOI? '.ctt'AfHINGi UNl?ER JOl5f5 BEfWEEN J015f5 & 5ITEc BEAM5 VE:Rlf WlfH C0uncJ! E:,ct11!., it 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 A RESOLUTION GRAL~TING V ARIAl""CES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1438 FILE NO. 07-3285 WHEREAS, Robbin S. Johnson and B. Kristine Johnson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: See Exhibit A (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow hardcover in the Oto 75 foot zone when no hardcover is allowed; and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1438 to allow a pool house/storage building four feet from the swimming pool when a ten foot separation is required; and WHEREAS, after due published notice and mailed notice in accordance with Minr1esota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3285 2. The property is located in the LR-lA zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The property is approximately 1.80 acres in area and 300 feet in width. 3. The Planning Commission reviewed this application on Ap1il 16, 2007 and on a vote of 6 -0 recommended approval of the variances, based on the following findings: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 a. The hardcover that will remain in the 0 to 75 foot zone is a comer of the pool and a walkway between doors on the lake side of the house. This hardcover was shown on the original building permit plan as being outside the 0 to 7 5 foot zone b. The amount of hardcover allowed to remain in the Oto 75 foot zone will be subtracted from the hardcover allowed in the 75 to 250 foot zone. c. The property has poor soils so the house, pool and pool equipment vault are on pilings. The location on top of the pool equipment vault will allow use of the pilings to support the proposed building. d. The wetland between the street and the pool precludes placement of the building between the pool and the street. e. The pool equipment vault is four feet high. If the proposed building were placed ten feet from the pool the pool equipment vault would be between the building and the pool and would block the view of the pool from the pool house. f. The Owners have agreed to modify the proposed building to make it more difficult for someone to dive from its roof into the pool. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 variances 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 Owners, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1438, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits B. and C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 102 s.f. or 0.4%. Hardcover in the 75-250' zone shall be limited to 12,932 s.f. or 24.8%. The owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Owners shall remove and not replace any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before April 23, 2008 or the variance will expire on that date. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 Adopted by the Orono City Council on this 23rd day of April, 2007. ATTEST: Linda s. Vee, City Clerk I __ r / J arnes M. White, Mayor t/ _,61 k~~ lb4n-k#f- Robbin S. Johnsqp B. Kristine Johnsen STATE OF MINNESOTA COUNTY OF HENNEPIN . -,j The foregoing instrument was acknowledged before me on this 1 ;!_?~:y of ,,d7y1,c)! , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF Mil{NESOTA COUNTY OF HENN'EPIN Notary Public __ l/-f,--__ , 1 }he foregoing instrument was acknowledged before me on this.}) day of 11/\ L.l , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal torporation and said instrument was executed on behalf of the City. 7 ("',.(L '~--/ ___ cl /_)_JcC(t__ Notary Public O Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 This instrnment was acknowledged before me this 17-/ 'd~y of /1/JC</c( 2007 by Robbin S. Johnson, husband ofB. Kristine Johnson. RP,CHEL DODGE Notary Public ,/) j:_ Gz_ ... L/(j__,( a~ov:e_~. u ST ATE OF MIN'NESOT A COUNTY OF HENNEPIN This instrnment was acknowledged before me this ?f"~ay of _~/,_!_t:<_L~L-j-' __ _ 2007 by B. Kristine Johnson, wife of Robbin S. Johnson. 7 RACHEL DODGE \:'JfARY PUBLIC. MINNESOTA Cc1~;rn\ssion E,'\piies Jar. 3i, 2010 /} ,/, ~ "',l - ____ __:_F_,'-'-_La_ .. _/---t_11_L_t __ ~_· 1 _Uc_r._)_ccjt __ Notary Public Page 5 of 5 ZONING FILE NO. 07-3285 EXHIBIT A RESOLUTION NO. That part of Lot 3, Rearrangement of Orono Point, Hennepin County, Minnesota according to the recorded plat thereof, lying southerly of the following described line and its extensions: Commencing at the southwest corner of said Lot 3; thence north along the west line of said Lot 3 to the northwest comer thereof, being the point of beginning of the line being described; thence southeasterly, at an angle of 64 degrees 33 minutes 30 seconds with the west line of said Lot 3, to the shore of Lake Minnetonka and there terminating. Z(Y'.,t:-~G FILE NO. 07-3285 EXHIBIT B-1 ,_ t-\r-:idoovQ.( -\-o bQ... re..rnove.d CPddJ,ooi::,.l hPd.co~ rQ...mov~\s r e..o.,u , ~ i~\ 'y ~ 'Poolhou.se./6k.e.9 e..bvi\c:.\M'\ -· . . E LA K .. , t< A IO I" -. NE M.1N ·a>-'< wNS a R 0 5 6 1 11 RESOLUTION NO. ___ _ C ' ZONING FILE NO. 07-3285 EXHIBIT C-l RESOLUTION NO. 5 6 l 1 ----- I r' i ~ _g; ~ J\~ -v ~ -£ ~ !~ g{; J..;: "-', ~ i 2, ol r,.., -0 ;'-1! .,. k1 ~, ~ "< q .... VJ 11 h kl r,.;i 3 ~ .if l'J ..... ;;; s .... ~l f~ ~g J5 Q.. ~ z ZONING FILE 1\0. 07-3285 EXHIBIT C-2 5 6 1 1 RESOLUTION NO. ___ _ I 1·-----. /--·1 I \/. , 1 '. Y ·., I •,.,-----"'.·---··· .. -···· =:::·-·---~-----..,,,,. I .f J ! ---,----------- ft--+--------__:--L,f A RESOLUTION REVISING RESOLUTION NO. 5611 FILE NO. 07-3285 C oun c H Exhib;t C WHEREAS, Robbin S. Johnson and B. Kristine Johnson, husband and wife , (hereinafter "Owners") are the owners of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: See Exhibit A (hereinafter "the Property"); and WHEREAS, Resolution No . 5611 granted the Property a variance to Municipal Zoning Code Section 78-1438 to allow a pool house/storage building four feet from the swimming pool when a ten foot separation is required; and WHEREAS, the Owners now desire to construct the pool house only 2.5 feet from the swimming.p:3° l · NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono , Minnesota: FINDINGS 1. This was reviewed by the City Council on September 24 , 2007 . 2. Poor soils require that the structure be supported entirely by the existing pool equipment enclosure. For this reason the separation between the structure and the building has been reduced from 4.0 feet to 2 .5 feet. 3. The building has been reduced from 574 square feet to 342 square feet. 4 . The revised building design makes it more difficult for unauthorized persons to dive into the pool from inside the building or the roof. 5. The Findings of Resolution No. 5611 are still applicable Page 1 of 3 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby revises Resolution No. 5611 as follows: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits B. and C. A 2.5 foot separation between the pool house and the swimming pool is approved. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before April 23, 2008 or the variance will expire on that date. Resolution No. 5611 otherwise remains in effect. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of September, 2007. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Robbin S. Johnson B. Kristine Johnson Page 2 of 3 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of 2007 by Robbin S. Johnson husband ofB. Kristine Johnson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of 2007 by B. Kristine Johnson wife of Robbin S. Johnson. Notary Public Page 3 of 3 ------- ------- - ! /' l __; ~ ~ .. , ~ ! i ~/ ' I l • l i I l ' ; I i ' v < Sep 20 07 08:13a Bottema Construction Inc. 952 448 2182 p. 1 35 years of skilled custom remodeling _.._~ C O N S T R U C T l 0."· · "' Uc.# BC-20521013 5 5 COUNTY ROAD 140, CHASKA, MN 55318 Of i e/Fax (952) 448-2182 Cell (612) 418-6711 Email: robertbottema@earthlink.net Fa Date: 9 -J. a-o 7 Page / of_i...;.f._ To: Fax Number: 9 S ;;..-;; 4 9-q ~ I '1 \) ,. ... t "' • -h.+ -,..11 '- ' Wh,V\ .,{. 6 d ' ~ 0 sh·;~ '--r- ......, ,. I _q_ ~k1; . i-c2~ 0 R. I t tr Ii t q t i ? £1--';J.i;.s (!) t,, (1 C ) ~ u~ ~On I 1~1~~------,L-l------1~ ~ ~~ ~ c'S Ip----_ --,.g_;-_;_ _· --4 I . I I I I I f'll_ .. --·Ej'l-· __ Et i ,LI T '0 "' is "" z '!,: "" -; "' ;t " "' $' ~ ~ 8 " i 8 ~ § ~ ~ Cl.. >-~ ~ "' 0 "" ~ "' M ~IC "'" ~ z<'! is:~ ~8 ~ ;;;~ ~\l.... &±t scz 0 ~ 111111111111 1111 i 1111 Doc No 8985762 05/30/2007 02:1,4 PM Certified filed and or recorded on '1,"bve date: Office of the County Rec aer Hennepin County, Min sota Michael H. Cunniff, Coun Recorder Tran D 316660 Deputy 5 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1438 FILE NO. 07-3285 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1438 FILE NO. 07-3285 WHEREAS, Robbin S. Johnson and B. Kristine Johnson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: See Exhibit A (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow hardcover in the Oto 75 foot zone when no hardcover is allowed; and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1438 to allow a pool house/storage building four feet from the swimming pool when a ten foot separation is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3285 2. The property is located in the LR-IA zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The property is approximately 1.80 acres in area and 300 feet in width. 3. The Planning Commission reviewed this application on April 16, 2007 and on a vote of 6 -0 recommended approval of the variances, based on the following findings: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ 6 1 1 a. The hardcover that will remain in the Oto 75 foot zone is a comer of the pool and a walkway between doors on the lake side of the house. This hardcover was shown on the original building permit plan as being outside the 0 to 7 5 foot zone b. The amount of hardcover allowed to remain in the Oto 75 foot zone will be subtracted from the hardcover allowed in the 75 to 250 foot zone. c. The property has poor soils so the house, pool and pool equipment vault are on pilings. The location on top of the pool equipment vault will allow use of the pilings to support the proposed building. d. The wetland between the street and the pool precludes placement of the building between the pool and the street. e. The pool equipment vault is four feet high. If the proposed building were placed ten feet from the pool the pool equipment vault would be between the building and the pool and would block the view of the pool from the pool house. f. The Owners have agreed to modify the proposed building to make it more difficult for someone to dive from its roof into the pool. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. · 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 variances 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 Owners, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1438, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits B. and C. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 102 s.f. or 0.4%. Hardcover in the 75-250' zone shall be limited to 12,932 s.f. or 24.8%. The owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Owners shall remove and not replace any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before April 23, 2008 or the variance will expire on that date. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 1 1 Adopted by the Orono City Council on this 23rd day of April, 2007. ATTEST: Linda S. Vee, City Clerk s M. White , Mayor d~~ B. Kristine.Tohrin STATE OF MINNESOTA COUNTY OF HENNEPIN ( . f () I/ " . ~ o, The foregoing instrument was acknowledged before me on this ;}3 day of_~~-- 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~~~~~~~~~~ j -RA CHELDODGE NOTARY PUBLIC -MINNESOTA My Commission Expires Jan . 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public . The foregoing instrument was acknowledged before me on this d;of ,_...,,_~-=-----' 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal c rporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OFT~ g 1,v fOUNCI L NO. ______ _ This instrument was acknowledged before me this ~ day of /YJ~; 2007 by Robbin S. Johnson, husband ofB. Kristine Johnson. ___} RACHEL DODG E NOTARY PUBLIC -MINN ESOT A My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN /!__°'-LAd Oocef!Z- Notary Public This instrument was acknowledged before me this ~ay of /J1Jy 2007 by B. Kristine Johnson, wife of Robbin S. Johnson. RACHEL DODGE NOTARY PUB LI C -MINN ES OTA My Commission Expires Jan. 31, 2010 Page 5 of 5 ZONING FILE NO. 07-3285 EXHIBIT A RESOLUTION NO. That part of Lot 3, Rearrangement of Orono Point, Hennepin County, Minnesota according to the recorded plat thereof, lying southerly of the following described line _and its extensions: Commencing at the southwest comer of said Lot 3; thence north along the west line of said Lot 3 to the northwest comer thereof, being the point of beginning of the line being described; thence southeasterly, at an angle of 64 degrees 33 minutes 30 seconds with the west line of said Lot 3, to the shore of Lake Minnetonka and there terminating. ZO"l\iNG FILE NO. 07-3285 EXHIBIT B-1 -1 tiRY-clOove.( +o b/2... r12XY1ove_ct C Pd.d.,h(')I/\A\ h()\yC\C:Ou2.(' fQ,J/YlOVf\\s. r e,Q,v 1.~ic\ ')· W2l Pool hC>1.>.se./.s.-h:ir;A9 e.... bu\ \c\ IV\'\ .. : ~. RESOLUTION NO. r ~ I ZONING FILE NO. 07-3285 EXHIBIT C-1 5 6 ·r:11 RESOLUTION NO. ___ _ f ! :, ~ J\_,,_ ~ -0 ~ :s; ~ ,.,. :fi ~ ~ "' ~ r < .J..; C) c:, 1~h i:: ~~ u ~ kJ Cti ,Z :...:1-... >-.) ~ kJ ,I k1 ~ "l 3-~ ~ ~~ ~ >..;:;! ""<! tr.J ~ ·f~ 0:1 E-, kl f;q 31 ~ J. f VJ A'> s ..... ~i f! "'-~g Ci5 0- --t z. }~ ;"i,f i!J. :,:; a '> ".--; ..... s.; (j ..... h ... ::-.,.~ "1 ~ "-l k) ~'l ..,;i ~ »; c;-'.·, r>.1,;; >--!· ~~ '.I} •2 ~~ ,, VJ ½ r.:c1 ~t: .. ;i ~ C ·-~ a r:i, ZONING FILE NO. 07-3285 EXHIBITC-2 RESOLUTION NO. 5 6 _1 1 ,C STATE OF MINNESOTA ) . ) ss COUNTY OF HENNEPIN ) The undersigned , being duly qualified and appointed City Clerk of the City of Orono , Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April ___ll_, 2007 , with the original thereof on file in my office , and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerkand the Corporate seal of the City this 25th day of April , 2007. ~j_.t¼-- City Clerk (seal) MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2007 7:00 o'clock p.m. (Suad Azhari Trust, Continued) / McMillan inquired when the septic system would need to be replaced if they were not going forward with the subdivision. Gaffron indicated it would need to be replaced in 2007 because it is shoreline property. Murphy inquired whether this project is actually moving forward. .? Gronberg stated he has been informed the project is moving forward. McMillan inquired what a reasonable time to replace the septic would be. Gaffron indicated to his lmowledge the City has approximately 150 to 200 septic sites that need to be replaced this year and another 200 that are due in 2010. Gaffron stated it is unlikely all those sites would be replaced. Had the plat been filed last fall without the extension, the applicants would have had two years from 2006 to replace the septic system. Gaffron stated he does not have a problem with extending the time for replacement of the septic system. Murphy inquired whether the City's septic inspector would be conducting annual inspections of the City's septic sites. Gaffron indicated to his lmowledge an annual inspection would take place on this property. Murphy suggested that a condition be placed on approval that if the system is determined to be failing within that two year time period, the property owner be required to replace the septic system. Murphy moved, McMillan seconded, to adopt RESOLUTION NO. 5610, a Resolution Granting a Six Month Extension to the Effective Period of Final Plat Approval Established Per Resolution No. 5486, subject to the addition of Condition SC, in the event the existing septic system is determined to be failing, the property owner would be required to replace the septic system within 90 days. VOTE: Ayes 5, Nays 0. *12 #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD - VARIANCE -RESOLUTION NO. 5611 McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5611, a Resolution granting a hardcover variance and a variance from the accessory structure separation requirement for the property located at 1280 Bracketts Point Road. VOTE: Ayes 4, Nays 0. PAGE 11 · MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3284 Michael Sharratt, Continued) Sharratt stated it is roughly 600 square feet. Kroeger moved, Kang seconded, to recommend approval of Application #07-3284, Sharratt Design on . behalf of Tom and Kristen Ritchie, 2507 Kelly A venue, subject to the hardcover being reduced an additional 300 square feet. VOTE: Ayes 6, Nays 0. 13. #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD, VARIANCE, 11:21-11:40 P.M. Robbin Johnson, Applicant, was present. Turner stated the applicant is requesting a variance from the accessory structure separation requirement to construct a pool house/storage building four feet from the swimming pool when a ten foot separate is required. A hardcover variance is also requested. The residence was constructed in 1986. The swimming pool was constructed at the same time as the house. The pool equipment was placed in an 8' x 17' vault located six feet from the edge of the pool. The top of the vault is about 3 .5 feet above ground. It is topped by a pitched roof. The proposed 574 square foot pool house/storage building would be constructed over the top of the vault. The proposed building would be located four feet from the pool basin rather than ten feet as required by code. There is no requirement for clearance around the pool basin. According to the hardcover calculations submitted with the building permit application, the property should ha ve 24.38 percent hardcover in the 75-250 foot zone . The building permit calculations were based on there being 56,005 square feet of property in this zone when actually there is 52,133 square feet. Also , in 1986 a pool was not considered hardcover . The hardcover in the 0-75 foot zone resulted from the pool being inadvertently placed too close to the lake and the house being placed closer to the lake than shown on the site plan. The Planning Commission should consider the following: 1. Does this request satisfy the intent of the separation requirement to prevent overcrowding? The pool is below grade and the building is above grade. Although the pool building may not have negative visual impacts , another reason the City has enforced the ten foot separate rule for pools is the safety aspect. Structures less than ten feet from pools can be an attractive nuisance if someone decides to use it as a diving platform and misses the pool. 2. Is it reasonable to have a pool house/storage building? Pool houses with storage space are common accessory uses to pools. PAGE37 l\flNUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 16, 2007 6:00 o'clock p.m. (#07-3285 Robbin and Kristine Johnson, Continued) 3. Is there an appropriate location for the building that would satisfy the separation and other zoning code requirements? There is a wetland area between Bracketts Point Road and the pool area that precludes placing the building toward between the pool and the road. 4. What is the appropriate level of hardcover? The applicants have indicated they are willing to remove some of the patio that wraps around the south side of the house. The original plans did not have the walkway extending across the center portion of the lakeside of the house, but since there is a door in the middle of the curved wall and on the north end, it seems reasonable to allow it to remain. Planning Staff recommends approval with conditions. Johnson stated they are agreeable to bringing the hardcover back into compliance on the lot. Johnson noted there are pilings that have been utilized. Kroeger noted there is a fairly recently built pad on the site and inquired whether that is included in the hardcover figures. · Johnson stated it has been included in the numbers. Kempf noted Staff had expressed a concern regarding kids climbing on top of the building and jumping off. Kempf stated the railing gives kids the ability to climb up on top of the railing and then access the lower roof. Kempf suggested the deck not be extended that far. Johnson stated they are considering turning the stairs. Kempf requested the railing be relocated away from the lower roofline . Kang moved, Zullo seconded, to recommend approval of Application #07-3285, Robbin and Kristine Johnson, 1280 Bracketts Point Road, granting of a hardcover variance and structure separation variance, requiring a four foot separation, subject to removal of the excess hardcover on the lot. VOTE: Ayes 6, Nays 0. > PLANNING COMMISSION COMMENTS 14. REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS MARCH 26, 2007 AND APRIL 9, 2007 There were no reports given due to the absence of the representatives attending the meetings . PAGE38 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: Rob and Kristine Johnson 1280 Bracketts Point Road Wayzata MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: April 23, 2007 ZONING FILE #07-3285 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 24, 2007 COPIES: VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the three 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. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than April 23, 2008. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. 5'ov»iw1avl Joe_ Ch ns¼t_s (/1,J b(Z-3~-SS3b {)tM,tCJ~ bL tc:Aj?~ 1-><, cfrqu.,r.J -----~-- Date Application Received: 3/23/07 Date Application Complete: 3/23/07 60-Day Review Period Expiration: 5/22/07 REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner Title: City Planner Item Description: Administrator Approval: #07-3285 Rob and Kristine Johnson, 1280 Bracketts Point Road -Variances -Resolution Zoning District: LR-lA (2 acres) Lot Area: 1.80 acres Lot Width: 300 feet List of Exhibits: A -Resolution per Planning Commission recommendation B -PC Action Notice dated April 17 , 2007 C -PC Memo & Exhibits of April 16 , 2007 Date: May 14 , 2007 Item No. Agenda Section: }~ Application Summary: Applicants request a variance from the accessory structure separation requirement to construct an pool house/storage building four feet from the swimming pool when a ten foot separation is required. A hardcover variance is also requested. Planning Commission Recommendation On April 16 , 2007 , Planning Commission voted 6 to 0 to recommend : . 1. Approval of a hardcover variance to allow the corner of the pool and the walkway across the lake side of the house to remain in the Oto 75 foot zone subject to the patio area in the Oto 75 foot zone and any fabric under landscaping being removed. 2. Approval of the structure separation variance subject to: a . Removal of hardcover in the 75 to 250 zone so the hardcover in the Oto 75 foot zone plus the hardcover in the 75 to 250 foot zone does not exceed 13 ,034 square feet. b. To discourage climbing onihe roof, modification of the steps to the pool house so the landing does not extend past the door. Planning Staff Recommendation Approval of the Variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1438 FILE NO. 07-3285 WHEREAS, Robbin S. Johnson and B. Kristine Johnson, husband and wife, (hereinafter "Owners") are the owners of the property located at 1280 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the Owners have made application to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow hardcover in the Oto 75 foot zone when no hardcover is allowed; and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1438 to allow a pool house/storage building four feet from the swimming pool when a ten foot separation is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 16, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3285 2. The property is located in the LR-lA zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The property is approximately 1.80 acres in area and 300 feet in width. 3. The Planning Commission reviewed this application on April 16, 2007 and on a vote of 6 -0 recommended approval of the variances, based on the following findings: Page 1 of 5 a. The hardcover that will remain in the 0 to 7 5 foot zone is a corner of the pool and a walkway between doors on the lake side of the house. This hardcover was shown on the original building permit plan as being outside the 0 to 7 5 foot zone b. The amount of hardcover allowed to remain in the Oto 75 foot zone will be subtracted from the hardcover allowed in the 75 to 250 foot zone. c. The property has poor soils so the house, pool and pool equipment vault are on pilings. The location on top of the pool equipment vault will allow use of the pilings to support the proposed building. d. The wetland between the street and the pool precludes placement of the building between the pool and the street. e. The pool equipment vault is four feet high. If the proposed building were placed ten feet from the pool the pool equipment vault would be between the building and the pool and would block the view of the pool from the pool house. f. The Owners have agreed to modify the proposed building to make it more difficult for someone to dive from its roof into the pool. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 variances 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 Owners, but are necessary to alleviate a demonstrable hardship or difficulty; are necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1438, subject to the following conditions: 1. Council approval is based on the site and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A. and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall be limited to 102 s.f. or 0.4%. Hardcover in the 75-250' zone shall be limited to 12,932 s.f. or 24.8%. The owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Owners shall remove and not replace any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before April 23, 2008 or the variance will expire on that date. 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 23rd day of April, 2007. ATTEST: Linda S. Vee, City Clerk Robbin S. Johnson STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor B. Kristine Johnson The foregoing instrument was acknowledged before me on this_ day of ___ _ 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of ____ , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of ______ _ 2007 by Robbin S. Johnson husband ofB. Kristine Johnson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ 2007 by B. Kristine Johnson wife of Robbin S. Johnson. Notary Public Page 5 of 5 '~ ~OCf \1Ef'./f5 /15 i.Y.O 'V ✓-- ---=-=-_:-=--=-~ A.''fWLf~INtl.fS 4~~3~~ -~-=----- r □□□DD ' ~~J 1b J --I~ ~IJ I LJ CJ CJ CJ = -S,.,,,._ 1~1 ~ •POOL SIDE ELEVATION SCALE, 1/4 "=1' ~~ ~-cc--~~~ ~ -~ . 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ZONING FILE #07-3285 CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 17, 2007 TO: Rob and Kristine Johnson 1280 Bracketts Point Road Wayzata MN 55391 TYPE OF REQUEST: Variances COPIES: DATE OF MEETING: April 16, 2007 Planning Commission recommended approval of a hardcover variance to allow the comer of the pool and the walkway across the lake side of the house to remain in the Oto 75 foot zone subject to the patio area in the O to 7 5 foot zone and any fabric under landscaping being removed. Planning Commission approval of the structure separation variance subject to: 1. Removal of hardcover in the 75 to 250 zone so the hardcover in the Oto 75 foot zone plus the hardcover in the 75 to 250 foot zone does not exceed 13,334 square feet. 2. To discourage climbing on the roof, modification of the steps to the pool house so the landing does not extend past the door. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council-April 23, 2007 -Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 3/23/07 Date Application Considered as Complete: 3/23/07 60-Day Review Period Expires: 5/22/07 To: From: Date: Subject: Chair Kempf and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner April 16, 2007 #07-3285 Rob and Kristine Johnson, 1280 Bracketts Point Road -Variances -Public Hearing Zoning District: LR-IA (2 acres) Lot Area: 1.80 acres Lot Width: feet Application Summary: The owners request a variance from the accessory structure separation requirement to construct a pool house/storage building four feet from the swimming pool when a ten foot separation is required. A hardcover variance is also requested. Staff Recommendation: Planning Department Staff recommends approval with conditions. Pertinent Zoning Ordinance Sections Sec. 78-1438. Crowding principal building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. Hardcover Calculations from building permit E. Plat Map F. Site Plan G. Building Plans H. Property Owners List I. Staff recommended hardcover removals Background The Johnson's residence was constructed in 1986. The swimming pool was constructed at the same time as the house. The pool equipment was placed in an eight foot by 17 foot vault FILE 07-3285 April 16, 2007 Page 2 of 3 six feet from the edge of the pool. The top of the vault is about 3 ½ feet above ground. It is topped by a pitched roof. The proposed 574 square foot pool house/storage building would be constructed over the top of the vault. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 2 acres 1.80 acres Lot Width 200 feet 300 feet Structural Coverage: Allowed Existing Proposed 7,820 s.f. 15.00% 4,809 s.f. 9.22% 5,383 s.f. 10.33% Hardcover Calculations: Hardcover Total Area Allowed Existing Proposed Zone in Zone Hardcover Hardcover* hardcover 0-75 26,218 s.f. 0 s.f. 222 s.f. 222 s.f. 0% 0.85% 0.85% 75-250 52,133 s.f. 13,033 s.f. 13,081 s.f. 13,461 s.f. 25% 25.09% 25.82% Total for Property 78,351 s.f. 13,034 13,303 s.f. 13,683 s.f. * Not including 1,291 square feet of plastic or fabric under landscaping. Variances The proposed building would be four feet from the pool basin rather than ten feet as required by code. There is no requirement for clearance around the pool basin. According to the hardcover calculations submitted with the building permit application the property should have 24.38 percent hardcover in the 75 to 250 foot zone. The building permit calculations were based on there being 56,005 square feet of property in this zone when actually there is 52,133 square feet. (The building permit calculations were done by a landscape architect.) Also, in 1986 a pool was not considered hardcover. The hardcover in the 0-75 foot zone resulted from the pool being inadvertently placed too close to the lake and the house being placed closer to the lake than shown on the site plan. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and we[f are of the community, existing and anticipated traffic conditions, FILE 07-3285 April 16, 2007 Page 3 of3 light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Does this request satisfy the intent of the separation requirement to prevent "overcrowding"? The pool is below grade, the building is above grade. Although the pool building may not have negative visual impacts, anoter reason the City has enforced the ten foot separation rule for pools is the safety aspect. Structures less than ten feet from pools can be an attractive nuisance if someone decides to use it as a diving platform and misses the pool. ls it reasonable to have a pool house/storage building? Pool houses with storage space are common accessory uses to pools. Is there an appropriate location for the building that would satisfy the separation and other zoning code requirements? There is a wetland area between the between Bracketts Point Road and the pool area that precludes placing the building toward between the pool and the road. What is the appropriate level of hardcover? The applicants have indicated they are willing to remove some of the patio that wraps around the south side of the house. The original plans did not have the walkway extending across the center portion of the lake side of the house, but since there is a door in the middle of the curved wall and on the north end it seems reasonable to allow it to remain. But the arrangement on the north end should mirror that on the south end to minimize the hardcover in the Oto 75 foot zone. Since the hardcover in the 0-7 5 foot zone is "by accident" it would be appropriate to subtract it from the amount of hardcover allowed in the 75 to 250 foot zone. This would require the Applicants to remove 649 square feet of hardcover in addition to the fabric under the rock mulch. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of a hardcover variance to allow the comer of the pool and the walkway across the lake side of the house to remain in the O to 75 foot zone subject to the patio area in the O to 7 5 foot zone and any fabric under landscaping being removed. Planning Staff recommends approval of the structure separation variance subject to removal of hardcover in the 75 to 250 zone so the hardcover in the O to 75 foot zone plus the hardcover in the 75 to 250 foot zone does not exceed 13,334 square feet. I City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax : 952-249-4616 Mailing Address : P.O . Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner: Meeting Date/Time : PC Date : What is the purpose of a pre-application meeting? EXI-nBIT A Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: I 'J...;ID r'!> rt>--cl<-~fu P../-i'2j__ Property Identification Number (PIN): Ii -l l]-J.3 31 DO 11 Zoning District: L R-I (\ · Size o_f_P_ro_p~e~rt~y-: ~--,~~-'iJ-c,-c-~~5--------- DESCRIPTION OF REQUEST: □ .Average Setback □ Side Yard Setback □ Rear Yard Setback 12f Hardcover '7 □ Lot Coverage □ Lot Area lit' 0th er: 'JJ cc .t,; s~ SJr vclvr t-1-o /Ja essuy Srn.1 ~ □ Front Yard Setback □ Lot Width 5e,fb8dc Applica ~nt's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: fc understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. . OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. {2JL_ S~ . Date : #on =,::,; ,, _.,._. ~,,,..t' ~ Applicant Signature: .~ T J J City of Orono Variance Application· Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # 0 7-:32f:;, ~ Date Received: :3/23/0 7 Amount Paid: {i;OO . oo Staff: £?T Fee: · $600 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: --=-=-::~------Renewal: $300 P.O. Box 66 After-the-fa-c:--t: ---=-$-:--1,-=-20::-:0:--:0=-o-u_b_le_F_e_e _ Crystal Bay, MN 55323-0066 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: . Site Address: !tJ...oO 6~~tfs Pf-t2t Property Identification Number (PIN): ti-1n-~3 '3?-ool-t (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ll lot, □ Yes, I own the adjacent parcels. Present use of property: I;& Residential D Other ------------------Zoning District: 1--R. -, ~ ---~----- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested ~arty) Name: 1<obb\,~ ~ \-rs . l<n;.J..~ TbhvlS OV), (h..~~ I-wJ-<.J Phone (home): qs ').... '-I, 1j '3 .s ).__6 Phone (work): • 6 l)... ~L 'J..... G 3o'i Address: l?.._"8"0 (3 or~Eb Pl-l?& Email: ('dOWOI(\ '3S-)..G .e o.i> l ~ '-,OW\.. Fax: czs-)... '-I 7,,S-og.;i_y OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: · 1~6fi..,',,.. S . \--B , l(.rt..~-1-L~ J:i:,.,VL~OlA. ( ~ 6~ "t--w zf-_~') ____ _ Phone (home): °15' l._ i-n s::: 3 SJ-G Phone (work): 6 1)... 8 I?-.. 6 3 S)' Address: t)... S'D ~3 1Y--e-4tts {)f R.J. Email: rj'o h.,1-SW\, 3 5}-6e, c.u:> /. CO""-"-. Fax: 1, s-,_ '·ns-08)-.~ DESCRIPTION OF REQUEST: Estimated Project Cost: $ ----Describe the request in detail (attach additional sheets if necessary): WIL 1.o.>L~k i:o ~ o-.. S -~&v\. 'J C<. do ,~ s fo "°f!= # REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ filertified Property Owners List -owners within 150' of the subject property, labels and plat map. , List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-591 O □ 'Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations, and proposed grading and drainage. *For lakesho·re properties the contours should be shown extending 50' into the adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Date: Applicant's Signature: --~-'------,-,---¥'----,,,-'1---:----- _ _!:__~___t~:..!::=:::!:::!::~L.L-,L£..£.~~:2:::I.,,--Date: OWNER'S ACKNOWLEDGEMENT: / The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: /? K /4,-~~:,:~J~// ~k<h:?::J Date: 3 -J.e o) Owner's Signature: fU£__ _') f "Y~--. Date: :s · Jo· o '? Applicant must have all submittals into : City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27; Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." EXHIBIT B 3. "The variance, if granted, will not alter the essential character of the locality.". ·11v._ LlJvf\'~ p/i:J.ftw""--JUL-5 '-t.-/1;...,~h_J) ;i·':-'y?•,_..,f.,.,,_e.llu_,,....__ ~ vt. '1l..,_ rtl6Se~. '.Jo.,~10 •:i::,P,::r!&~ ~-+C-:. ¼~ I.e. of~ 1-l.... __ h-e?~, .s Y>UJ:1<- ___:__Vil-~ ~ ~ ..• --:-~'h½j ;;; ,;f-n.:-<-_ C<..V'L ,:.,.,,,.._cf} ' ls I.,.. b(":i:-:-5 w._'l-k +-L pool .~L--4'.i.e.• ~ ~·o,"'-'""'j p-ro;e.rfu,s . 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." 5. 6. 7. 8. 9. 10. 11. Page 2 of3 \r~\-(..IJO.Ad b~ \tie.. ~dS,h1 f. i( v'A--d lo ~'VIAIV"\ hct,11-\-h..:_ So~,cJu.-/~ "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be r artrrsheltered construction as defined in Minn , ection 116J.06, Subd. 2, when in harmo ap er." ' ·11,._ -'-¥i~'-iM:j ,MJol c-.J_ -;,f-vu._.~ ~ 6 ~f.-O"'-p ~/e,~--{L_ ;; hru...-.1 u.,I'-(.,. J-wJ.1 .w + JA..vLun:nu,A... O"-O-c-c.,.,5S v-t-d c.ue)<-. ~,e ·fp "'Y:)W.. • • ~?~~ tool =iw-pw,,.,v;I; ~~~;,.1 6-,.,_c.k_ ~~ _r-e..'u,u .. ,'v.. · .,_ L-es:s 0-.. f+v.:,_c:f~ '>..2.-f-u-r -k,.,-vu...ic,;tJ;o,:::, ~ ~oe✓CL'4. v~ i. .. , .. £ttu--,,c_,l.5 "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." ri A "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." "The conditions do not apply generally to other land or structures in the district in which said land is located." "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." · Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): · I kt. c...t,.v~. s+v-~.,..{__ ~~:"'"j fo-ol -'4,~t ~ 1r b ~. U-, /1}£ ¼::h+--.p ~ D ( 1 oV\_ f '. lu,,.j 5 kt.Cl.M..-s "-of-: LoCA.J p...,.._,,,Q so r+-u:._t-v,,,,_ d' ":3 6 ~lcR c,... . (' ~ l ~x./ 'a~"). ~60 Aal\ 'j k24'. N .. vt,LJ.1')1-<JV'I.. .:' !.j.,J f 0 () I J2.1;,,,,,Q~ s-f-.,..,,u .J;<,t,:/'"'-. u./l!JuJ& LW:1 V"<-1.k!-,I Y"<. .:L Su..v1,LG<,r w rv c,.,/.,__ G'1 (;\...~ •"'j ·f:::h._ -:':-:F ' 5{..~~ ,IJ ['c)' ....... 1 ;,,..,c4 ~ ho-u..11,.:,J s +.,,.."'-J."'-~ &LS r{::,..,.,.;7. ,.._ :...--. . ~,..,. HARDCOVER CALCULATIONS OF SETBACK ZONE O FEET through 75 _FEET ______ _ POOL PATIO LANDSCAPE RIP-RAP HARDCOVER AREA PROPERTY AREA PERCENT OF HARDCOVER = 12 = 210 = 341 = 2,665 = 3,228 = 26,218 = 12% HARDCOVER CALCULATIONS OF SETBACK ZONE 75 FEET through 250 FEET ___ _ BUILDINGS CONCRETE DRIVEWAY PATIO POOL LANDSCAPE WALL HARDCOVER AREA PROPERTY AREA PERCENT OF HARDCOVER = 4809 --140 = 4726 = 1723 = 864 = 950 = 819 = 14,031 = 52,133 = 27% I""". rn l, J ~~ ...... ...l.. ..._ cc --l - -- () - / / / \ \ ' t ) EXHlB[T D r r \ I \ } . "' ,...__...._ '· -'·,,:~ n \j } ~. '-1: \ r L------~! ,,,------,\ / ,~\) \ L; 1-, -f------l Hennepin County Variance M::in EXHJI3IT rr -=-=---=-----------_ -~ ----=: E 1: H Th;~;?,;.!'?e~!-~~!';~,2'..~!~~!r:~~!!":!~!~:c,Yc~!!~""~~~=~!!;~-~ : '1·. -· -. _: ;.-;;.;,:;-,;.;;; .... :. -.. -. . -. -. -. -. -. -. -. ~. 11-117-23-24 ---I -•-•-•-•- 11-117-23-31 -------- Parcel Information: Date Printed: 3/21/2007 2:13:52 PM Parcel ID: ll-117-23-32-0019 Owner Name: RS JOHNSON & B K JOHNSON Parcel Address: 1280BRACKETTS POINT RD ORONO MN, 55391 Buffer Size: 150 ft. I ii I http://bugle/varianceBeta/popMap .aspx?LayerID=93&0bjectID=188851&Buffer=150&C... 3/21 /2007 [) I \ - ~+ <'v q 8 f' \7 R o W N C L- '/2 /VI \.+ W N 5 B A Y EL[/,; R O A D n V c- _,,,,, ... -····· ----·· /\ V .,,.,.-----/,,. CJ I \ '"'·ROCY, WALL 376.06 !, n \J ./ __ ,,,/·/•' / ~ .., ,,, ~~'),~ 1i$ 3, __ ,,.,.,,..,,/ .,~,~';-_,..-;?iV ,{'µi~J ,/~"i' . 0 ~-/ 0 ~f // ~ ,.,~ .. // ~,~· / ,/ '<: ' .. -Ron: WALL a < ::, a ;, --CJ 0 ;: ! : r V,..,, '-..!, r \r->1"' IJJJ\1J<'C I rl c,od ~ f\ I \I (\ V CJ I /\ V f\ I I \I T I -· ,-•) ;; :r GJ •--< _. g ci ~ ~ ' Cl) s:, "1-·l'l "' ~ ROO!-VEN6A51<!':Q'I? POOL SIDE ELEVATION SCALE: 1/4"-t' %!XO LAKE SIDE ELEVATION SCALE: 1/4"-t' BACK ELEVATION SCALE: 1/4"-t' STREET SIDE ELEVATION SCALE: 1/4"=1' CALLK f'Nt? fl.ASl1 /i..l-t:Xt1;K10R Ql-"E;NIN l'LASH 1'1-L eAVB5 I'S "'°OUl!ilOP 1i11 ~ 0 DJ ;:r: @ ~ . I t:ij~t r"'d .l 4' 16' OPDOWL 5a<eN PAN"cS >·~171 PIXW l'v1Nl?OW5 :.\-4-12' AVvNlNti V1/rJW5 l3tl0VV ( 1tMPf.ta;t7 a.ASS) 41< MILl-5 Dt'.:f\fl,\;\::N -------------------:.~:.:.:.:.:.:.:.:.:;':.:.:.:.,--1 r'F-------------' F--------------F---------------- EXISTING POOL N I ! I Vlt.J,'f?t:l FOUR SEASON PORCH '-'"' :::ii\l flS' X flO' ):(f);l;;IN/A 2 X !2 tzArfl;l<S N?O\/e "'OF eouPMfl<IA ROOMf3t'WW ~ @16"0,C. ; ~ "'"'-~", rr·~----L~ Z--tl71 P!Xf-JJ VVll'lVVVV;.> Z-41?~ AWNINCi WOWS Dl::1-0W ( re,ff!aeO Q.ASS) 1 1• MU.L.51:!f::rvve:eN 'f!ONPi, 5af;fN P/IN!::L.5 :?' 16' 14' l<l:'.U5f.t.? l:Xl511N~ "5-XJ~ W1Nt70W5 1f'1 MU-l-t,f,MfeN X ~:El,,~ it; • l/\1NDOW5 14' \ ,o t: ,o 9'-i 1/ 8" PLA-it: H81C<l-tr FIRS.I ;· '~\ ;) \) tu::::,"" Q__;J ) INSU-A110N B/'l'F\..es, MIN. I" l'JR;l'IQ: 6' la & WATl:R 51i':IL.1:> MArCH E:Xl5f1Nu Pl-YVl/OO0 50fflf WI CONf. I/E:Nf5 MAfCH E:Xl5f1Nu fA5CIA 1':Xfl"RIOR AIR FIL-M R-.17 510 1NC. R-.62 ~· 2!7/'!>2" 5Hl::A'fHINC. R-2.06 2X6 51'U05@ 16" O/C(R-6,87) 6" ll'Aff IN511..A11ON R-19 POL-Y V Al"OR ll'ARRll':R l /2"C.Yl".ll'OAR0 R-.4!7 IN-rl"RIOR AIR FIL-M R-.68 1'01',"1.. R 22.98 , ..... ~ k~·tl 'l' ii'\ 16' * ' ~ '!> I 4" f & a 5Ll!?fL-(lOR NAIL-W & ul-UW 2 X 10 JOl5f5@ 16' 11<:l::Afl"r? Pl-YVl/OO0 B'-2" E:Xl511Nu ME:CHANIC,"1.. ROOM ASPH,"1.. 1' SHINC.L-1::5 1!7# ROOFINC. Fl::L-1' I/ 2" SHl::AfHINC. 2 X 12 RAF-rl"R5@ 16" 0/ C ll'L-OWN IN5UL-A11ON R-'!>8 POL-Y V N'OR ll'ARRll::R 1'& C.Cl::11.-INC. ROOF VoNfS AS i<J,Q'tJ -=ia) ' ~ BUILDING SECTION ~ SCALE: 3/8 " -1' -y 14' SHINC.L-1::5 1!7# ROOF INC. Fl':L-1' I/ 2" 5Hl::AfHINC. i'RU551::5@ 2"t" 0/ C '!>/ 4 " f & a 5Ull'fl-OOR NAIL-W & at..UW 2 X 10 JOl5f5@ 16" 0/ C 11<:l::Afl"r? Pl-YVl/OO0 50fflf NE:W 6 X 6 11<:l::Afl"r? PO5f -=ro ' ~ 42'' MIN r?E:PD-1 FR05f FO011Na5 ( fYPIC,AI.,) ~· r fl-A5H /'l..l-l::AVl:'5 K, Rl:QUll<l':1:1 fll::1-1:1 Mf:K,Ul<J';Ml':Nf \\'11..L-PR!:VA/l- P!<l,\..IMINARY PL.INS fOR Blt>S ONL. Y NOr FOR CONSfRl.l:110N ~VISW, 1·29-07 51-1':tf'f0f'1 PL.IN NO. C:1~61 RUN DATE : 3/21/2007 38 11-117-23 32 0010 ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD WAYZATAMN 55391 38 11-11 7-23 32 0019 RS JOHNSON & B K JOHNSON 1280 BRACKETTS POINT RD ROBBIN SIB KRISTINE JOHNSON 1280 BRACKETTS POINT RD WAYZATAMN 55391 HENNEPIN L -.,JNTY PROPERTY INFORMATION SYSTEM (PROPERTY 0\,, . .;RS LIST) 38 11-11 7-23 32 0017 GEORGES PILLSBURY ET AL 1300 BRACKETTS PO INT RD GEORGES PILLSBURY 90 I MARQUETTE A VE #2630 MPLS MN 55402 38 11-117-23 32 0020 JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD WAYZATA MN 55391 38 11-1 17-23 32 0018 JULE M HANNAFORD IV ET Al 1220 BRACKETTS POINT RD JULE M HANNAFORD IV & ELIZAB ETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATAMN 5539 1 EXHlBlT H ...... ~l-h I-IAVd ~<:> ve,,,l"' RR..wicvAIS -fAbYtC-<.r(l.dQ.,< rec..\< rnulc.Y\ 'f)Ano ?', -~ "' 8 R O W N V/ES•T LINE W N 5 8 A ' fl[II.· 929.§1~[_ q[V/ATER $-:? .--:.8i7;. -~ ~ 'il/,;:' ,¼.-~~ / _-,,,µ,">' / ~ ~,,,.) ~; •\~•~ -- _ ,, .... .----·;·;-;~:)T SETBAC __ ,,, .• -··········"''/ (\ C, ,/ FROM 929,4 CONT<),V~--\ v __________ ... -----_,,.-,,.. ,,,.--··/,,.-··/·· , #1280-2 STORY BRICK \-.HOUSE -,- ROCK WALL-,' _______ ,,,. n V C) I\ n 1J ', '-,/ \' 6 I (-l c,Ocl? vJo5\11' '---ROG~ WALL \(-l\V\ I\ I I \J (\ V ,':) n V Q 2 ::, Q "' u ~ ~1 Q, s:- LJ II' "' (/)~ I\ I I \J OF' ,LOT :f~\ -n-•= N0'5'51 ·w ' -an)j >; ·•--•-· ~ T = 376, 06 ~---=-~ RO.AD ~ -,- 1 -[7i ',,:< r . :t to -, Cl Cl c:5 g s • ?s 'I- N I'-- ~ ROOP Vl'Nr5 A5 ~Q'P ASPl·W-f ~-11Na-C5 POOL SIDE ELEVATION SC.1U,1C: 1/4"-1' LAKE SIDE ELEVATION SC,U,E: 1/4"-1' OPTIONAL SCREEN PORCH 5f\J:'.CO 1""'1?1LN' -------1-,4 aueY..f'Ost:t? ~rlNu BACK ELEVATION SCAUf: 1/4"=1' STREET SIDE ELEVATION SCALE: 1/4"=1' CAU...K />N!J fl,/\::4--l /i,L l:.:Xfl;t<JC)R Or'f:NINC6 fLA9rl l'l-L fA\11'5 A5 ~Qtlrcf P ~, I ~ £,, ll.i ~ ii; .. : .. l\: ~! ... ~ ! 1 fi l; i :g ~ if l'j j t~i ~1q t ~ t: ~ • ., lsi ~ ;:s ~u <::> 'II' .... ~ ti; ~ ~ 8 l;: 0 IQ !, I ; I ~ 1 ~· Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. · 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First t:)_%1) Address W"4i~ City I understand my rights as stated above. fl~-s Signature Last State Zip Phone All:IA '1·O9·008· L wo::,·.uaAe'MMM 38 11-117-23 320010 uo1pnJl,SU!,P amna:1, e1 zai1nsuoJ ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD WAYZATAMN 55391 38 11-117-23320019 ROBBIN SIB KRISTINE JOHNSON 1280 BRACKETTS POINT RD WAYZATA!vfN 55391 38 11-117-23320017 GEORGES PILLSBURY 901 MARQUETTE AVE #2630 MPLS MN 55402 38 11-117-23 32 0020 JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD WAYZATAMN 55391 V ~un:i.ea:1 1aad Ase3 JOJ ~ --~~••r lll"\1'11"\nl'\CIJI .::t,~,. :i.uawa6Je1.p ap ~"' ·S .,.. @O9i5 @A~:1/W l!Jeqe6 a1 zasm:i.n .1a1aa , sa11:>e:1, sauano1:i.;1 - 38 11-117-23 320018 JULE M HANNAFORD IV & ELIZABETH A HANNAFORD 1220 BRACKETTS POINT RD WAYZATAMN 55391 @09i5 31'Vldl/\!3l @fua/\'1/f asn Cl~t'I/O"'I 1!).~ • lee~"" STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Sandy Maghrak, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#07-3285, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of April, 2007. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 16, 2007, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #06-3225 #06-3243 #07-3254 #07-3259 #07-3262 #07-3266 #07-3277 David Carlson on behalf of875 WBW, LLC., owner of 875 Wayzata Boulevard West, RR-lB zoning district, requests rezoning of the property to RPUD Residential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9- unit residential development on this 10.4-acre site. North Shore Gardens on behalf of Richard Marzan, 2795 Pheasant Road, LR-lB zoning district, requests a conditional use permit and hardcover variance for land alteration and retaining walls within the 0-75' lakeshore setback zone. Metro Building Co. on behalf of Guardia Development Group LLC., 940 North Arm Drive, LR-lB zoning district, requests an average lakeshore setback variance in order to remodel the existing home which will include moving the existing attached garage to the south and constructing a three-season porch where the existing deck is located. The home is located almost entirely ahead of the average lakeshore setback line. Lake Country Builders on behalf of Kathy and Gary Gangstee, 1374 Rest Point Road, LR-lB zoning district, requests a number of variances including setbacks and hardcover, to allow modification and expansion of the existing house and garage. James and Corrine Beck, 3820 Cherry Avenue, LR-IC zoning district, request the following variances in conjunction with an extensive renovation and construction of additions on the existing home: a lake setback of 41.3' where 75' is normally required; a 5' side yard setback where 10' is normally required; 17% hardcover in the 0-75' zone where 17% exi,sts and 0% is normally allowed; 32.1 % hardcover in the 75-250' zone where 27 .3% exists and 25% is normally allowed; and a height variance to allow 3 stories where 2 ½ stories is normally allowed. Vogue ICF Homes on behalf of Karen and Benjamin Milbrath, 1404 Baldur Park Road, LR-1 C zoning district, requests the following variances to construct a new house: a lot area of 0.28 acre where 0.5 acre is required; a lot width of 49.75' where 100' is required; 16.07% hardcover in the south 0-75' zone where none is allowed; 48.07% hardcover in the 75-250' zone where 25% is allowed; and to not maintain the required lot grade of 932.5' for 15 feet from the sides of the proposed structure. Sue Nelson, 500 Oxford Road, LR-IA zoning district, requests a setback variance to construct an addition to the house to be located 37' from the rear property line where a 50' setback is required. #07-3278 #07-3279 #07-3280 #07-3281 #07-3282 #07-3283 #07-3284 #07-3285 John Terrance Homes, owner of the property at "2500" Kelley Parkway at the northwest quadrant of the Willow Drive/Highway 12 intersection, PINS #33-118-23 11-0060, legally described as Outlot A, Stonebay which is currently zoned RR-lB One-Family Rural Residential zoning district, proposes an amendment of the Orono Community Management Plan (Comprehensive Plan). The proposed amendment would revise the text of the Comprehensive Plan pertinent to the property by eliminating the requirement that one of the uses be a pharmacy/convenience store, and by eliminating language requiring that the remaining buildings have no individual tenant spaces greater than 7,000 square feet in area. Arthur T. Erickson on behalf of Gerald A . Erickson, 720 Big Island, RS zoning district, requests conditional use permit approval to allow a second accessory building in excess of 500 s.f.. The second accessory building is proposed to be 1000 s.f. in area and located 10' from another 1000 s.f. building to be constructed. Vogue ICF Homes, Inc. on behalf of Tom Parker Inc., 1348 Rest Point Circle, LR-IB zoning district, requests the following variances to allow construction of a new residence: a lot area of 0.33 acre when one acre is required; a lot width of 67' where 140' is required ; 30% hardcover in the 75-250' zone where only 25% is normally allowed; and a building height variance. Vogue ICF Homes, Inc. on behalf of Tom Parker Inc., 1350 Rest Point Circle, LR-IB zoning district, requests the following variances to allow construction of a new residence: a lot area of 0.33 acre when one acre is required; a lot width of 67' where 140' is required; 30% hardcover in the 75-250' zone where only 25% is normally allowed; and a building height variance. Hashem Abukhadra on behalf of Trust of Suad Azhari, 1745 Fox Street, RR-lB zoning district, requests renewal of subdivision approvals granted in 2006 for a six-lot single- family residential plat of the property. Steven Sigel, 1399 Park Drive, LR-lB zoning district, requests variances in order to construct a 10' x 22' addition to the existing home and replace an existing timber retaining wall with an engineered block wall. The applicant is requesting the following variances: 40.9% hardcover in the 75'-250' zone where 45.7% currently exists and 25% is normally allowed; 59.3% hardcover in the 250-500 ' zone where 59.3% currently exists and 30% is normally allowed; an average lakeshore setback variance as the entire home is situated ahead of the average lakeshore setback line; a structural coverage variance to allow 15 .3 % where 15% structural coverage is allowed; and a conditional use permit to conduct the land alterations necessary to construct the retaining wall system. Sharratt Design on behalfofTom & Kristin Ritchie, 2507 Kelly Avenue, LR-lB zoning district, requests a variance to allow 29.78% hardcover in the 75 '-250' zone where 30% currently exists and only 25% is normally allowed in order to construct an in-ground pool. Rob and Kristine Johnson, 1280 Bracketts Point Road, LR-1 A zoning district, request a variance from the accessory structure separation requirement to construct an outdoor living room and storage building four feet from the swimming pool when a ten foot separation is required. A hardcover variance is also requested. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by April 11, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commissio:. . ~. ~ ✓/11,/r)~ Michael P. Gaffron, P-Yanmng Director To be published in the Sun Sailor on April 5, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office Ali3J\'v•O:>·008·~ UIOJ'A.laAe'MMM 38 11-117-23 320010 uo,:pnJl,SU!,P amna:1-e1 za:i.1nsuo) ROGER D O'SHAUGHNESSEY 1265 BRACKETTS POINT RD WAYZATAMN 55391 38 ll-117-23320019 ROBBIK SIB KRISTINE JOHNSON 1280 BRACKETTS POINT RD WAYZATA tv[N 55391 38 11·117-23320017 GEORGES PILLSBURY 901 MARQUETTE A YE #2630 MPLS MN 55402 38 11-117-23320020 JAMES R & MARY J JUNDT 1400 BRACKETTS POINT RD WAYZATA MN 55391 @09is @AH3,W l!Jeqe6 a, zasm:i.n Jajad ~ saIpe:1-sa:i,:i.ano1:i.~ 38 11-117-23 32 0018 JULE M HANNAFORD IV & ELIZABETH HA'il"AFORD 1220 BR.ACKETTS POINT RD WAYZATAMN 55391 51~'1 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss . COUNTY OF HENNEPIN) Richard Hendrickson , being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Sun-Sailor has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn. Stat. §331 A.02, §331 A.07, and other applicable laws as amended. (B) The printed pubfic notice that is attached was published in the newspaper once each week, for~ successive week(s); it was first published on Thursday, the _5_ day of April , 2007 , and was thereafter printed and published on every Thursday to and including Thursday, the __ day of _____ , 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive , which is hereby acknowledged as being the size and kind of type used in the composition and publica - tion of the notice: abcdefghijklmnopqrstuvwx yz BY ,~ FO Subscribed and sworn to or affirmed before me on this __ 5_ day of April , 2007. Not~~fi- ,,c,,,cc,.,,,c,,c,,,,c,,,c, ~ MARY ANN CARLSON ~ NOTARY PUBLIC -MINNESOTA ')J~'.::tl ;;i;;.~;j1cr~gt~~t~~titi(:'.ji;f,/i;f;,:.#:it;)+i.'.;giff;;J:5:~~J~r;.};iiIJJJ;.Jii:;;~:~i/~;;~~ •'. r ,_· 2_1s __ o .K;,elley .. Pa~kw .. ay,:l',O. Box .6_6:.'., ..'/' :.-.;;. ;. ·1~k_son, 720:Bi!) J~land , flS zoning district; request,.,__ -'"''-H'•;.·','';'.'_Crystal:Bay,:MN ·~5323 ·_:-.,-.,,. :_) .. ,: ,_d1\(o'!al _u_se perm1t,approval to allow ·.a second access-. . Phone (952)'.249-4600.Fax (952) 249--46 16 .:_ . ; building ln -.~l\cess .of 500 .s .f.. The second accesso·r, ·:<:f~~·;;~~~~~ci'.~~i~:-~f ~b,~i~h~Ti:~~;lit~~~i~J~i~-f~~'.~}~~;~~t~i;~:~!f f.~I!i:if ~~~~~1!,~~~i:~~:~:~~;~:;:~~ ; _Orono C_ounc}' Cfiatnb~r~.a!_27-_8_0~elley ,Par.~ay on Mon: <-<· 'er lrfo:,_j348 Rest Poii:it Circle,.L_R-1B zoriirig ·districi,.re \<!ay,. ApnlJ·!i, .. 2007;,. ti~gmrnng _at, 6:00 · ~.111,,:0_1;1,th _e _~_att,er•r{· .'' quesls'lhe followirig Yariances ,to · allow constiuction ·of i ::"of,revle..y1 _(1g .the .. follo~1.flg_ol and, u.se appltcat1_ons:-;;., ,;";:p.,;.,, :i'ic.ne.w residerice:ca . tof area: of:0.33.:acre when one\acre i• /i!t~~l:l~)i~~i~ltii!i~ilf l£Jt~~#)~~x~~~;~~~!~J]i:l~i~~Efl~;~~}~S~~;{~[i~:f0{i:~~ , .-. d~ri.llal ,Pl.~nne_d}'.J_g,~,: c;>~~eloP_lljle.~t,:.,an<:l;requ 7stscR~)J,'?;;:t\.#07-32BJ _-.. ~ Vogue ICF Homes;.1.nc ::on behalfof.Torii Park :_··.~1te ,plan ·,an<!:J>r!!lt_1p1A,lf1 ,plato appr?.v~!.·foL ~-?h~":,~{~-~'.-",)f \'et.Jhc ;;"J 350 R!?_S~ f'oln1:c1rc1!', •t f'l ,tB Z'ql)ingdis!f-ic:t :_re .<' dent1aJ:d8'.'.el~p111entontfi1.s , 1_9,.4~acre .~M , -,,,:}-.<. ,.,,,,,::.• ·,:,:i•· -'' quests Ifie · following : variahces. lo 'allow c0Astruct1on of' . ;~~i~~~~~P.f:i-~~~t~ft,J~!;~~t;ifc~~~t~~ji~i.:r:~t~t;~~r1:;;6t:lti:!·)~1~: ~~t{~ifr~~~~&ti ·. qula)sts a. con_dt)tdQ€11 u,se pen:ru_t ,a:ri~:J:iar_dcover ·vana.nce ,:_;.,::,,~ardcqy_e_r_,J;l,~h~ 75 ~5.0,_ zon~ w_her':.only 251/o}s __ ~CJrtn.~! •for ,Jahcf alte[atfon :and',tetahilog ' ,Walls :,wrthin-,the' o, 75' "'.1<,\;.\1i'o"',l.lo~e.~,'l:"d:a :)iu 1l.d1ng _hetghtyi1_r(aac_e .. J ... ·,·· ,. :_.:;-;,:;,, __ ;, ;~f ot1i j :1i t;tt:~J~?~i ~i i~~ft::~~:::h¥;~]:~ai o:~i ~I1i~l1~i~ti r~~~r:~i~ti;f ~~~f ii1~~if ~ii~i~ , .-vel.opment ·Group ,tl;:C,{940:-Nol:Jl:i'-'A.n:tt.:Drlve; l:R :-A B·:.-,,.,:,-rerieWa t olsub_d1v1s1on· approvals gr.anted m.2006 for a six ':;!~~~,~!'1~tt~&~t%~r~~it~\~~e.~ir:rtt~;~~0;tt~~~rrt:~@:'~i;~~-9.'.e.:{~~!1i !t~i~.:~1i:~'P.'~:.'!/!h~.:~r~pE!rty<···,~H'·:Jj_t iriclude'inoviiig :'itie existing:attached •garage·to 'tMsobth·: •?t~#~7.;,?21!3,;>9te,ye!1.,~1g,~h ,1~99_ eark.~rly\l, l.,A -/ B _zor11n! ;,and c~risir,u6lin'ii _i th fee:ef e_;;iso,h; p_brcl) :'!Vh;e'f\i_l,h€!:~i\isting' ,J}~,:d1~pf.t,:r,e.q ue~ts ~a ~,~~CB~'J!_lf.l.d,er to_.construct-'.1. ~ O'. ~ -~ ,. deck. 1s ., located-:·s'-.The ..home ,:1s:Jocatecl; alroosf.,ent1rely-;,, ,, .. :,: :a..d~1t_1o_o}'? t.h,E!;~xi.slth~.ho_m.e ,!3.!;!<Yepla~,e. a,n,. el;(tstmg.111'(1 .i ~i:~tt!~!~I!~~t~~~~tf}.~1~~'.~tff~~!ig~:i\J1~'~~/;@;t'~uJ!~~~~:;,;g;u~~W;Jtrh:1~~~~r.;;~~~~~%ks~;~:~it~:~ , ,#07-3_25!:!.',>lai<e . Gdu.r:i)ry _Builders prr behalf.9f ~attiy ,a,nd_ .• , :-(,-,:;\:oyer,. ,~fl!'t e.,75' -250'., zo_ne . where A.S, 7%. carr~ntly ·exist ~t.l!&l,!!Jr~ft&B .. . .......... ·····. "enue '· •lR0.1 c ,·zomnf·d1slc1ct; :reqaest ··tlie -,followlng ·van-,;:,y,-.. ,;, -,.,f •,e,, , .. · ;1~~:tJ~1!~-t~{~~~txp~1tititu~•tt~i~t1f:k~.ij~1:11ii:iu~t;~;i ,, back'oM1 ·:3'.;wlilere 7.5\'1s'n.ormally::r.~qu1ree_;·,;1 :5.'.'.s1d.e yar,d ,,~•;-,:{l/0 7';'3284'.-' J:i~:~trtX~t°~!tt-~~1itt}~ll&:t~Z:11r'~g~~yt~t::zttif~~~1ti~~ . . . '"lo:-,v.E!d;._32,'t"(o:'harqi;oye/;iti}t\'ii"75'2SO~,zo(iiry.'tie~e:2_7 .3.o/o, . : j;,'.250'. _zo.iia:~here;30%·:cjiriently exists ,and· only 25 % i~ nor ·, e'xists,ar.id 251'/,ds ·nortiially';i:illowed;;;u;ida-·Jie1ght"vanari.ce .. •c,:,,••mally'allowed· in •orderJo' construct · an in-ground pool,,.:,: •·:~9 .~\t0$Jj,tf~Lf1;i~~!~?:V:i~r,\t~:]tt~:t~!'i :~t;~:~;;;,!~{#:~7:~~e;:{~~1'.~;~!~ri;ti n~;;;;h~;o~.--1iso,,Br~~~~ /IOJ.'.;3gp6 .:,.Vcigi:Je_J0F•. l:fO_ri:les s~or:i ;,behalf-"pf1,J.<aren :a:gd, · ' Pg lnt Roac:t ,-LR0 t J>. zon_1r)g::d.1stnct,j equest _a vananc_, ·Benja,:nin Milbratt(·-1,\104· B.aJi:l.ur .. Park Road, . .LR,1..C. zon -,. J rorii. t.he . accessory-structure,· separation-requirement· t, irig disirjct, r,equests : the·.fol!owing vatiant;_es·,!o '.c;'~ristwct , ~-con_struct·an. o'utdoor living_ room arid -storage buildiQg tau a new 'house :--:a lo't..a°(ea of .Q,28.acr~ where·.Q,5 ac;re is re-· · .· ·feel.from tl)e: swimll)ing pooj. wl\en:a .ten fo,ot ~epat'.ation ,i: quired;: ·:-aJot. yvidUi :at 4!:l.75'':' whete1i>l0'0'. ',i s.,J eqaired ;, .. ,-·Ieq\Jire .. d.'. ·t;. ha(q covervacian_ce (s _,also,reques_ted .. . ' 16 .07%·/iardcaver .ih''ttiirsouth 0 '75'-·zone Wher.e hone. ls ·,t "{-· ,•:, , ·"·, ':·, .. ,.,,,,_,. 0:0 ',·".' -''" . --·• •., .. ,.,,, ... •• -· .... · · ,. :, . .allowed; .'AS,07~/oJia,cfcover; ln .-tlie ::7 5-250' .z6n.e .' wl)ere . ;-; ,,:: Al! per~_o.~~•-.Y/.s.~.1~g __ to . i?_e he !Hd. are ei;icourag_ed to -'.3-tteni ·:25%-ts:'alloio/ei(a,hd'to.J)c;i th'iai!)la iQ.'ihe_ r.e_quir,ed Jot,giadil riJli1s .me~t1ng _;,,·T.h1s_.1~ :riot __ a f1~al a_genda .ans. is su _b(eciJ, · of"932'.5''Joi,'1'5Jeet{r_opi:)he sides 9f'Jhe,propos.~d -str_uc-. }'/h_a.n.ge.,:p[to,r_to,th _e ,ti~a_11ng_._ Wn)ten coriiments .a_rs ac t . •.' . . ",. ,,,,, "·"· ,:-c., .... , .,, ... , .• , .... , ... ,. . . ... . . ,cepted and should _be.sutJmitted to the City al Orono b , \J.f_8;,:';/. -'!2;~\,,J:'~'._}:%f·;"F.f:•·~1j;;'J;/ ,)?~\":{' -"'i., :.,,;, -,,. ;.. ··. ,April .f:1 /2007i if -possiti.J'e f Plans qf 'proposals. afe .. ·avai l , #0.7.:3277',i:-Sua:Net.scint:soo,Ox1ord ,Road, lA·tAzoi;iiog ..,-,dabJe ·for review ln,"the :City Offices and· al.I interesfe d°.pe, distric.t/ieqtiests:a .. setb,ack..yari.ance,.t9 :ccinslruct··an :addi·.,:,~[c->sons are ,.,01:u;ourage·d'-to contact -tl)e City for furthla)r info1 tiori to .th .a ti6use. fobi¥.toc_aie.d37!'.(rom ttie. rea:r'propei:ty T\m.itrori: Fat an liPpi>intment, please call (952)_ 249,4600 macy/convenience store·;,:and by.,eh!mnatmg langua_ge -re-,._: >,a , ,.'.: -.'i .: · '·:. :'.(fi:' ... ,,. i(ioo'7) .. a2 ·041 im f h' -'· .. ... ·:)•.:1::,~;/.; ::~1\;~~.;?/{/;2+--·-_ .. -·---'"f·····.-, .• ·_ ·:~\;:'·,~:;:\ .• : .. ::t ·'.c;:·-;: ~:·::~-~-.. ? ··:;; .. :.:~.: . P.~ \. < -.. , .: ,_~ . .-·-~.:r~-/gs .: TRACKING SHEET FILE NO. 07-3285 Staff: Evelyn Turner SITE ADDRESS: 1280 Bracketts Pt Rd Applicant: Robbin & Kristine Johnson Address: 1280 Bracketts Pt Rd Wayzata, MN 55391 Owner: Robbin & Kristine Johnson Address: 1280 Bracketts Pt Rd Wayzata, MN 55391 Meeting with Staff Application Completed Date: -------- Date: ________ 60 Day: ______ _ □ Incomplete Notice Sent Date: _______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD D Property Owners Notified: Date: _______ _ □ Legal Notice Published Date: -------- PC Meeting(s): --------if/~ll.e--+-/-oJ ___ Vote: fo -0 Vote: --------------------- Vote : --------------------- ~ Notice of PC Action: ------+------------------ City Council Meeting(s ): ___ tJ,_,/,__i~4""--;,._../o,_7--1-------Vote: 5 -D (W stcl __ 1_/z-_9f_0_1 __ Vote : __ _ Vote: -------------------- □ Resolution: