HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 26, 1998
(#2413 Paul and Megan Bennett, Continued)
remarked the City is <!,ttempting to resolve this issue .
. . . . . . . . . .
Mrs. Bennett stated they were mislead by the former owners and were not informed about the
resolutions .
Mayor Jabbour stated he was sympathetic to the Bennetts' problem, and the City is taking
steps to ensure that all resolutions in the future will be attached to the title to the property.
Peterson inquired whether the City Council would be agreeable to allowing them to construct
the garage without the additional lot.
·weinberger stated this addition would increase structural coverage to 2,011.67 square feet or
31 percent where 1500 square feet is allowed .
l\fayor Jabbour remarked the Applicant has the right to appear before the City Council and
request a garage without the additional land .
\Veinberger noted the Planning Commission was uncomfortable approving this application
\Vithout the additional land .
Goetten moved, Flint moved, to adopt RESOLUTION NO. 4178 approving Application
#2413, 500 Hanlon Avenue, granting of variances from side yard adjacent to street
setback, rear yard setback, and side yard setback to allow a two car garage with second
floor living space to be attached to the existing residence subject to the property owners
acquiring the tax forfeit Lot (#24) and joining the lot with Lot (#1) to meet the intent of
the Council to limit the structural coverage on the lot. VOTE: Ayes 4, Nays 0.
Jabbour moved, Goetten seconded, to direct Hennepin County Tax Assessor to
· collect the full special assessment amount. VOTE: Ayes 3, Nays 1, Peterson opposed.
*(#5) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE
NE\V:MAN, 1655 BORN'S POINT ROAD -VARIANCE -RESOLUTION NO. 4179
Flint moved , Peterson seconded, to approve Application #2418, 1655 Bohn's Point
Road, and adopt RESOLUTION NO. 4179. VOTE: Ayes 4, Nays 0.
*(#6) #2421 JOANN JUNDT, 1400 BRACKETTS POINT ROAD -VARIANCE
RENE\VAL-RESOLUTION NO. 4180
9
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 26, 1998
(#2421 Joann Jundt, Continued)
Flint moved, Peterson seconded, to approve Application #2421, 1400 Bracketts Point
Road, and adopt RESOLUTION NO. 4180. VOTE: Ayes 4, Nays 0.
(#7) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD, VARIANCE
Richard Gay was present.
Weinberger stated the Applicant is proposing to construct a six foot fence to exceed the
maximum 3 1/2 height within the average lakeshore setback to contain his two dogs. The
lot has unique topography and contains lots of natural vegetation. The proposed fence
would be visible to the adjacent property as it would be located on the property line between
the house and the lake.
The Planning Commission has determined the desire to keep the dogs on this property is not
a hardship and has recommended denial of the application.
Gay stated he has recently purchased. the property and was unaware of the height restriction
on the fence until a couple of weeks ago. Gay commented he has owned the dogs for three
years and would like to erect a fence to house the animals as well as provide an access into the
house. Ga:y stated the adjoining neighbor is not opposed to the fence.
Gay remarked the property is unique in that there is a steep hill in the back and the lot has
only one suitable area for a fenced in area. Gay stated he would be willing to reduce the
height of the fence to five feet and plant additional vegetation to screen the fence. Gay stated
the fence would actually appear to be 3 1/2 feet to the adjoining residence since his property
is 18 to 20 inches below the neighboring lot.
Mayor Jabbour inquired whether the Applicant could submit a new application with a revised
location for the fence.
Van Zomeren stated the Planning Commission is having a work session on Friday and a new
application could be discussed at that time.
Gay stated he could plant a row of arborvitae along the property line in lieu of a fence, which
may be less desirable.
Goetten inquired whether the Applicant has considered invisible fencing for these dogs.
Gay stated since the dogs are rather large, the fencing would not be a viable option.
Peterson remarked that if this application is approved, it might set a dangerous precedent.
IO
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2421
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: October 28, 1998
-------------------------------------------------------------------------------------------------
TO: James & JoAnn Jundt
1400 Bracketts Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
COPIES:
__________________________________________________________________________ , __ _
--------------
DATE OF MEETING: 10/26/98 VOTE: 4 FOR O AGAINST
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday thru Friday,
8:00 -4:30). All persons with an interest in the property must sign the resolutions.
Variance approval is limited to the extent shown on the approved plans 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. Building permit application must be submitted no later than
October 26, 1999.
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.
ORONO PLANNING COMMISSION
Monday, October 19, 1998
ROLL:.
The Orono Planning Commission met on the above date with the following members present:
Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist. Commissioner Charles
Schroeder arrived at6:45 p.m., and Commissions Janice Berg and Lili McMillan were absent.
The following represented City Staff: City Planner/Zoning Administrator Elizabeth Van Zomeren,
Assistant Zoning Administrator Paul Weinberger, Senior Planning Coordinator Mike Gaffron,
and Recorder Jackie Young.
Chair Smith called the meeting to order at 6:31 p.m .
. RENEWALS AND AMENDMENTS: PUBLIC HEARINGS
(#1) #2421 JOANN JUNDT, 1400 BRACKETS POINT ROAD -VARIANCE RENEWAL, 6:32 p.m. -
6:34 p.m.
There were no public comments.
Lindquist moved, Stoddard seconded, to approve Application #2421, 1400 Bracketts Point
. Road, renewal of setback and hardcover variances per the findings and conditions of
Resolutions #3786 and #3986. VOTE: Ayes 4, Nays 0.
(#2) #2431 ROGER OLSEN, 815 PARTENWOOD -VARIANCE RENEWAL, 6:34 p.m. -6:36 p.m.
There were no public comments.
Lindquist moved, Hawn seconded, to approve Application #2431, 815 Partenwood, renewal
of variances for lakeshore setback and hardcover in the 0-75' setback per the findings and
conditions of Resolution #4004. VOTE: Ayes 4, Nays 0.
(#3) 2434 CAROL OLSON, KID'S ART SCHOOL, 2180 NORTH SHORE DRIVE -CUP
AMENDMENT, 6:36 p ;m. -6:40 p.m.
Carol Olson was present.
Van Zomeren stated the Applicant is requesting an amendment to the conditional use permit to allow
· a tipi to be located on the property for educational purposes, which is considered to be an accessory
use to the art school.
Lindquist inquired whether the Applicant had any concerns with City Staffs recommendations.
Olson stated she was fine with the recommended conditions.
There were no public comments.
Page 1
ORONO PLANNING COMMISSION
MONDAY, OCTOBER 19, 1998
(#2434 Carol Olson, Kid's Art School, continued)
Van Zomeren commented to the Planning Commission that a $250 fee was charged for this
application, because there is not a reduced fee schedule for conditional use permit amendments.
. Stoddard recommended adding the ~ondition that the City iS not liable _for the ~onstruction or use of
the tipi since it may not be covered under the City's Building Codes.
Van Zomeren stated she will discuss the construction of the tipi with the building inspector.
Hawn moved, Lindquist seconded, to approve Application #2434, 2180 North Shore Drive,
amending the conditional use permit permitting the erection of a tipi in the area designated
per Staff's drawing, with the recommendation that the $250 fee be waived.
Olson indicated she was fine with the motion.
Van Zomeren stated the building permit is based on the value of the structure, and will discuss the
fee with the building inspector.
VOTE: Ayes 4, Nays O.
OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS
(#5) #2399 MURIEL SENN, 4448 NORTH SHORE DRIVE -VARIANCES, 6:40 p.m. -6:41 p.m.
The Applicant was not present. ·
Van Zomeren stated the Applicant has indicated she will be revising her drawing plans and requested
the matter be tabled. Staff will send out the appropriate letter to extend the 60 day time period.
Hawn moved, Lindquist seconded, to table Application #2399, 4448 North Shore Drive, per
the Applicant's request. VOTE: Ayes 4, Nays 0.
(#6) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD -VARIANCES, 6:42 p.m. -7:15
p.m.
Peter Boynton was present.
· Van Zomeren presented the Planning. Commission with photographs of the existing structure.
Van Zomeren stated this application was before the Planning Commission in August where it was
tabled to allow the Applicant time to submit revised plans. The Applicant is now proposing to build a
new house and garage in the same location as the existing house and garage. The building
inspector has reviewed the property and has determined that the structure is not structurally suitable
for repair and remodeling.
Van Zomeren commented the property is located in the LR~1c district, which has a minimum lot size
of one-half acre, and is comprised of .237 acres. The Applicant is requesting a variance to the
lakeshore setback, a variance to the average lakeshore setback, a side yard variance to locate the
garage five feet from the west property line, a variance to the street yard setback, variances to
Page 2
REQUEST FOR COUNCIL ACTION
Department Approval: l A . ~ Administrator Reviewed:
Name Michael P . Gaffron ?.JJ~
Title Senior Planning Coordin ator
DATE: October 20, 1998
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2421 James and Joanne Jundt, 1400 Bracketts Point Road -Renewal
Variance -Resolution
Zoning District: LR-lA, Single Family Lake Shore Residential, 2 acre , sewered.
Application: Request for renewal of setback and hardcover variances granted in October 1996 and
renewed in October 1997 for restoration of an existing retaining wall , underground grotto and
lakeshore stairway system located within 75' of the lakeshore.
List of Exhibits
A -Resolution
B -Notice of Planning Commission Action 10/20/98
C -Memo and Exhibits of 10/14/98
Summary
Please review the memo and exhibits of October 14 , 1998. Applicant requests renewal of the
variances granted in 1996 for restoration and repair of the retaining wall adjacent to the underground
grotto, restoration of the grotto itself, and repairs to two lakeshore stairway systems located in the
0-75' setback zone.
Planning Commission Recommendation
At their October 19 meeting, Planning Commission recommended approval per the findings and
conditions of the prior approval resolution, on a vote of 4-0.
Staff Recommendation
Staff agrees with the Planning Commission recommendation, and recommends adoption of the
attached resolution for renewal of variances.
COUNCIL ACTION REQUEST~D:
Adopt the attached resolution. Proposed motion: Moved by ____ , seconded by ___ , to
adopt Resolution# ___ , granting variances to James and Joanne Jundt of 1400 Bracketts Point
Road for restoration of retaining walls , underground grotto and lakeshore stairway system within 75'
of the lakeshore. Vote: ___ ayes , ___ nays.
ch
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: James & JoAnn Jundt
1400 Bracketts Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
ZONING FILE #2421
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 20, 1998
COPIES:
-------------------------------
DATE OF MEETING: 10/19/98 VOTE: 4 FOR 0 AGAINST
Planning Commission recommends the following:
Approve renewal of variances per the conditions of prior approval resolutions #3786 and #3986.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting: is confirmed as:
City Council -Monday, October 26, 1998; meeting starts at 7:00 p.m.
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 any questions, please call Mike Gaffron at 4 73-7357.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
10.55, SUBDIVISION 8, AND
10.56, SUBDIVISION 16 (C & L)
FILE NO. 2421
WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners
of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
(Exhibit A attached); and
WHEREAS, the applicants have applied to the City for renewal of variances to
Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56,
Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground
grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no
hardcover or structure is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2421.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission originally reviewed this variance request on
September 16, 1996 and recommended approval of the proposed variances to
restore the lakeshore stairway system, retaining wall and underground grotto,
based upon the following findings:
Page 1 of 6
A. The property is unique for a number of reasons, including its age, its
history and the fact that applicants have been diligently restoring the
property to its former splendor.
B. The proposed work involves restoration of amenities or structures which
already exis~, and does not propose any new buildings or amenities.
C. The 650' length of the eastern shoreline justifies the existence of as many
as four lakeshore stairways to provide access to the lake from the higher
portions of the property which are as much as 25' above lake level, and
the steep slopes east of the house suggest the need for stairway access.
4. The City Council on October 28, 1996 adopted Resolution No. 3786 granting
approval of the requested variances.
5. Pursuant to request by the applicant and upon recommendation by the Planning
Commission, on October 27, 1997 the City Council adopted Resolution No. 3986
renewing approval of the requested variances.
6. On October 19, 1998 the Orono Planning Commission reviewed the current
request for variance renewal and on a vote of 4-0 recommended approval,
finding that the findings and conditions of the prior approvals as noted in
Resolutions No. 3786 and No. 3986 are still valid and appropriate.
7. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
8. 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 convemence to the applicants, but is necessary to alleviate a
Page 2 of 6
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants renewal
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision
8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore
stairway system, retaining wall and underground grotto, subject to the following conditions:
1. The restoration work shall not exceed that contemplated or proposed in the
submitted plans. Hardcover in the 0-7 5' lakeshore setback zone shall not exceed
the pre-existing level of 0.7% as indicated on the site restoration plan attached
as Exhibit B. Applicant is advised that any future proposal to add hardcover in
the 0-75' lakeshore setback zone might be approved only in conjunction with the
concurrent removal of existing hardcover, resulting in no net increase in
hardcover in the 0-75' zone.
2. Structural restoration of the existing boathouse is specifically not a part of this
approval, and structural repairs to that building shall be reviewed by the
Inspections Department and if determined to require variances, shall be brought
forth to the Planning Commission and City Council as a separate application.
3. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (October 26, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
Page 3 of 6
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 26th day of October, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner ( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
October, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and 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 6
TO:
FROM:
DATE:
Chai~· Smith and Orono Planning Commission Members /)J ~
Ron Moorse, City Administrator 1/;f (_)
Michael P. Gaffron, Senior Planning Coordinator
October 14, 1998
I --
SUBJECT: #2421 James and Joann Jundt, 1400 Bracketts Point Road -Renewal Variance -
Public Hearing
Zoning District: LR-lA, Single Family Lakeshore Residential, 2 acre , sewered.
Application: Request for second renewal of setback and hardcover variances originally granted in
October 1996 for restoration of an existing retaining wall, underground grotto and lakeshore stairway
system located within 75' of the lakeshore.
List of Exhibits
A -Application
B -Plat Map
C -Property Owners List
D -Survey
E -Resolution #3986 (Same content as Resolution #3786)
F -Memo and Selected Exhibits from Prior Approvals
Summary of Request
Please review the exhibits from the 1996 approval . The applicant was apparently unable to complete
this project in 1997 partially due to sewer installation on Bracketts Point which made construction
access difficult, nor in 1998 due to reasons unknown to staff. The project involves restoration and
repair of an existing retaining wall adjacent to an underground 'grotto', restoration of the grotto , and
repairs to two lakeshore stairway systems located within the 0-75' lakeshore setback zone. Note that
repairs to the boathouse were specifically not included in the prior approval, and are not a part of this
renewal application. This review should be treated as a simple renewal of the approval granted in
Resolution #3786 in October 1996 and again in Resolution #3986 in October 1997 ..
Staff Recommendation
In staffs opinion the findings and conditions of Resolutions #3786 and #3986 are still pertinent and
appropriate, and staff recommends approval per the prior approvals .
Zoning File #2421
October 14, 1998
Page2
Options for Action
1. Recommend approval per tlie findings and conditions of Resolutions #3786 & #3986.
2. Recommend approval with revised findings or conditions.
3. Table for further information.
4. Recommend denial, stating reasons.
5. Other. t -
A· ~
Application #__ -;;,· 3/:J, /
Date Received--,~ _ __,_/~c/.-'--:,-.---,1--1:
,. •,; .. -------·--,.,_Amo~~ _!.>aid . ISO ~
,: .. , 1 . • .
CITY OF ORONO -VARIANCE APPLICATION
. _Initial Application Fee $2SO.OO ._ ~-. --1-,1_,_·llk_ :;_,,,.~ ,._~----__ ON~ . --iN __ /.: ~.,..A,'l'"U.c:_.~~5\ _: .. $50.00 er ea additional variap.ce) r:-fVf""l'lii,.fY ~ ' (Jh •-l'I In' ~
enewal Variance· Fee . $150:o -__ .. . . . . --
(no change from original . app 1c.ation) · ..
~~ _\Jefc.&A'rJK F<i.,I)~
Variance for non-conforming structures ' $250.00
After-the-Fact Fees . (Dou~le application fee)
1, 0.1 ~ ~A-1.. t;...,-
PROPERTY INFORMATION _
ey.
APPLICANT : . --.-. . _ _ . Phone (home)
Name .IY/lfftf l o 7'1--# fl ,/w Ja/LJ T · · · · Phone(work)
Address (JJ/00 ~nrt K .ei>)City: (Oe..oN o) ·
Phone {b.ome
413-15:2,f
. Zip: ( S-:S-?, /)
73 -1 r"z.Y'J
-!--:.:.21::C~~-=L.....:::~!:!:.::.~..s.J.~~....L,/:-----1-.r Phone work) ___ ----r-~---=-~-lm~
City: ( l:J/l.e,A:J 1>
DESCRIPTION OF REQUEST . . . Estim~ted Construction Cost $ ______ ,fD,.;:, l
Describe request in detail: J:e1v€.,u.) \IM(A>J ce ~~ IN /2tno t, $ f 8(q ~~,±) \{
(attach additional sheets _if necessary)
.VARIANCES RE_Q~D . -
· Lot Area · Lot Width -. Hardcover
_)!!_ Setback: Front Side Rear
___ Other (specify) _...;___ ___ _;__ __________________ ._~
HARDSIDPIDESCRIPTION OF . UNUSUAL PROPERTY ·coNDITIONS
. Describe undue hardship or practical qifficulty or unusual property conditions preventhig
compliance with . Zoning Code requirements: . . -. 1 -. .
-· --$ -~~'-#3)S~/.s9B
I
(attach additional sheets if necessary)
7
REQUIRED SUB1\11TTALS ·
-. ,.. --~ .
All of the following~ information must be submitted by the application deadline date in
order for your application to be considered complete:
3.
4.
5.
6.
7. -
8.
,, I
· Completed Application .Form . . .
Certified Property Owners List of owners within '1501,·labels aii.'d pl~t map (you .
must obtain this list, labels and map from 'Iienriepin County Department of
Finance, A-603, Govt Center, 348:-3271). · ·· · · ·
Certificate of Survey (signed by a licensed . surveyor) ·and include hardcover
calculations as required. In addition,· provide·· one (1) copy 8½11 x· Ii,;. for
reproduction. · . . . .
Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8½11 x -11 11 for reproduction.
Sketches · or plans of floor & elevation views (provide one (1) copy 8½11 x 11 11 ).
List or' the legal names (include marital status) of all persons with an interest in
· the property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application. ·•· .
Additional items as may be requested by City staff.
The Applicant and Property O\.vner must sign this application. · Please remember that vour
.variance application is not complete if -the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees tc, ·provide all information required oi:-requested by the Zonfu.g
Administrator, agrees to pay additional fees (staff time not covered by 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/he~ knowle~ge.
_ Applic'1Jlt•s Signature'fY[~ ·~ ... . Date 9// r/5' J?
OWNER'S-SIGNATURE ...
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto ·the property by · City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification · of this · request.
Owner's Signature _________________ 'Date ________ _
·· Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants inust be present at ' all scheduled review meetings . of the Planning
Commission and . Council. . If an · applicant is unable to ·attend a scheduled meeting, please
make arrangements to have an authorized agent atterid m your place and. to · advise the Building
& Zoning Office of -this change prior to the meeting ..
8
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HUii DAlE 00/26/93
Qj_ OATCII 00'•
IIEIJMEPIH COUIITY PllOl'EllTY INFOntlATIOII SYSIEM
PROPERTY mn~rns LIST
REl'OltT IIO. 1'1'135'101
PAGE 12
rnor ADDR
Ol·n~en NAME
TAXPAVEn
NAME/ADDR
PROP ADDR
Ol ·0 II: R IIAME
· TAXPAYER
NAIIE/AOOR
PROP ADDR
Ol ·n~rn NAME
TAXPAYER
NAIIE/AODrt
PROP ADDR
01'11 IER IIAI IE
TAXPAYER
tlAME/ADDR
38 11-117-23 32 0009
01,,00 onACKETT5 POUIT no ✓
J R JUNDT & 11/\RV J JUNDT
JAMES R JUNDT
OOX l ·
CRYSTAL OAV MN 55323
30 11-117-23 32 0017
01300 ORACKETTS ·POINT no ✓
GEORGE s PILLSDURY ET ·AL .
GEORGES PILLSOURV
<1000 FIRST OAt-n( PLACE
HPLS 11N 55r,02
38 11-117~23 33 0001
01420 DllACKETTS POINT no ✓
J R JUNOT a M J Jl.Ji,IOT
JAMES n JlJNOr
oox 1
CRYSTAL DAY MN 55323
✓ 38 11-117-23 33 0006
01500 · Dlt/\CKETTS POINT no
MARTIIA S & A LACIILAN REED ·
MARTIIA S & A LACIILAN REED
1500 DRACKETTS POINT RD
HAYZATA ~I 55391
38 ,11-117~23 32 0010
01265 ,ORACKETTS POllff no ✓
MICHAEL E LYNNIII & IUFE
IUCIIAEL & JORJA LYNN III
1265 ORACKETTS POINT
l'IAYZATA MN 55391
30 11-117-23 . 32 0010 •
01220 ORACKETTS POINT RO
ELLA P cnosoY
38 11-117-23 32 OOH .___..-
01420 ORACKETTS POIIIT RD
J R Jl/1-IOT & 11 J JUI IOT
JAIIES R JUNDT
BOX 1
CRYSTAL OAY HH 55323 .
.;-·
ELLA P CROSDV
1220 ORACKETTS POINT no
l'IAYZATA MN .· 55391
' 30 11-117-23 32 0019
01200 DRACKETTS POINT RO
JOI~ s PILLSOURY JR ET AL
JOIIN S PILLSBURY Jll
4000 FIRST DANK PLACE ,L,
30 11-117-23 33 0004 ...,..-
01450 DRACKETTS POINT no
HARTIii\ S & A LACIILAM REED
MAIHIIA S & A L/\CIIL/\N llEED
150~ BRACKETTS POINT RO
MAYZATA MN 55391
TOTAL OATCII 004 00010
MPLS MN 55'102
30 , 11-111-2j 33 0005 ~
01400 DR/\CKETTS POINT no
R & L IIEAORICK
ROGER L & L YNll C IIEAOltICK
1400 DRACKETTS .POINT no
l'IAYZAT/\ MN 55391
I CEnTIFV TIIAT TIIE FACTS REPRESENTED ARE AN ACCURATE AtlD TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS TIIIS DATE ON TIIE RECORDS
OF TIIE IIENNEPIN COUNTY DEPARntENT OF PROPEnTV TAXATION, TO TIIE DEST
OF MV KNOMLEDGE AND BELIEF;,, \ I J -_ I\ •
DATE O\~ ~3ov1?1?! ~
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PLANTING PLAN
--
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 8 6
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
10.55, SUBDIVISION 8, AND
10.56, SUBDIVISION 16 (C & L)
FILE NO. 2300
WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners
of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
(Exhibit A attached); and
WHEREAS, the applicants have applied to the City for renewal of variances to
Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56,
Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground
grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no
hardcover or structure is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
I. This application was reviewed as Zoning File #2300.
2. The property is located in the LR-IA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission originally reviewed this variance request on
September 16, 1996 and recommended approval of the proposed variances to
restore the lakeshore stairway system, retaining wall and underground grotto,
based upon the following findings:
Page 1 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 8 6
A. The property is unique for a number of reasons, including its age, its
history and the fact that applicants have been diligently restoring the
property to its former splendor.
B. The proposed work involves restoration of amenities or structures which
already exist, and does not propose any new buildings or amenities.
C. The 650' length of the eastern shoreline justifies the existence of as many
as four lakeshore stairways to provide access to the lake from the higher
portions of the property which are as much as 25' above lake level, and
the steep slopes east of the house suggest the need for stairway access.
4. On October 20, 1997 the Orono Planning Commission reviewed this request for
variance renewal and on a vote of 6-0 recommended approval, finding that the
findings and conditions of the prior approval as noted in Resolution No. 3786
are still valid and appropriate.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the. health, safety and
welfare of the community.
6. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
Page 2 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 8 6
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants renewal
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision
8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore
stairway system, retaining wall and underground grotto, subject to the following conditions:
1. The restoration work shall not exceed that contemplated or proposed in the
submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed
the pre-existing level of 0.7% as indicated on the site restoration plan attached
as Exhibit B. Applicant is advised that any future proposal to add hardcover in
the 0-75' lakeshore setback zone might be approved only in conjunction with the
concurrent removal of existing hardcover, resulting in no net increase in
hardcover in the 0-75' zone.
2. Stmctural restoration of the existing boathouse is specifically not a part of this
approval, and stmctural repairs to that building shall be reviewed by the
Inspections Department and if determined to require variances, shall be brought
forth to the Planning Commission and City Council as a separate application.
3. Authorities granted by this variance mn with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (October 27, 1998).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Page 3 of 6
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 8 Q
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 27th day of October, 1997.
ATTEST:
Dorothy M. Hallin~ City Clerk
Property Owner ( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
October, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and 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 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 8 6
On this __ day of _______ _, 199 before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of _______ _, 199_ before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 5 of 6
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REQUEST FOR COUNCIL ACTION
DATE: September 19, 1996
Updated Oct. 23, 1996
ITEM NO.:
Department Approval: Administrator Reviewed: Agenda Section:
Name Michael P. Gaffron Zoning
Title Assistant Planning & Zoning Administrator
Item Description: #2159 James and Joann Jundt, 1400 Bracketts Point Road -Variances -
Resolution
Zoning District: LR-lA, Single Family Lakeshore Residential, 2 Acres, Unsewered
Application: Request for lakeshore setback variance and 0-75' hardcover variances for
restoration of existing grotto, retaining wall and lakeshore stairway system
(applicant also proposes cosmetic repair to existing boathouse).
List of Exhibits
A -Resolution
B -Notice of Council Action 9/24/96
C -Notice of Planning Commission Action 9/19/96
D -Memo and Exhibits of August 14, 1996
NOTE: This item was tabled at your September 23 meeting because applicant was not present.
Applicants propose to restore two existing limestone rock stairways leading down the lakeshore
bank east of the existing house. These stairways have been in place for many years, and
restoration will include repair or replacement of deteriorated stonework and handrails.
Additionally, applicants propose to restore the underground grotto and its associated retaining
wall. This is an underground cellar-type room, located within the lakeshore bank behind a
stone retaining wall. Restoration will include mainly cosmetic work including adding stucco
interior wall and ceiling panels, adding a decorative light fixture, restoration of the existing
wood doors, and restoration of the existing stone retaining wall.
Applicants had originally proposed significant restoration of the existing boathouse, which is
in failing condition. That work was to include roof replacement, window and door replacement
and modification, straightening of the frame, residing, a new concrete floor, and a new concrete
step. The August 14 staff memo indicated that the apparent total restoration proposed suggests
that the structural work intended likely exceeds 50% of the value of the structure at the time
it became non-conforming. The zoning code limits the structural restoration of such structures
with the goal that they eventually disappear. Prior to the Planning Commission review,
applicants withdrew the boathouse work from this application. However, at the Planning
Commission meeting, applicant indicated that rather than remove the structure they intend to
Request for Council Action continued
Page 2
September 19, 1996 I Updated October 23, 1996
#2159 James and Joann Jundt, 1400 Bracketts Point Road
repair the roof. Please review the discussion on Page 2 of the August 14 memo regarding the
conformity of this structure.
Hardcover
Existing 0-75' hardcover on the property excluding the public roadways is less than 1 % of the
0-75' zone. While applicant's submitted hardcover calculations indicate a 250 s.f. increase in
hardcover, applicant indicates that is incorrect and reflects a prior application, and in fact there
is no expectation that additional hardcover will be added as part of the restoration work
proposed. Planning Commission indicated that they have no problem with the hardcover aspect
of this application.
Planning Commission Recommendation
At their September 16 meeting, Planning Commission voted 6 to O to recommend approval of
the restoration/repair/cosmetic upgrading of the stairways, retaining wall and grotto. Planning
Commission directed applicant to work with staff regarding the boathouse repairs, but
specifically did not approve any variances for the boathouse structure, and indicated that
depending on the work ultimately proposed, that may have to come back for a further separate
review.
Planning Commission noted the following hardships which support the restoration work for the
grotto, retaining wall ·and stairways:
1. The property is unique for a number of reasons, including its age, its history and
the fact that applicants have been diligently restoring the property to its former
splendor.
2. The proposed work involves restoration of amenities or structures which already
. exist, and does not propose any new buildings or amenities.
3. The 650' length of the eastern shoreline justifies the existence of as many as
four lakeshore stairways to provide access to the lake from the higher portions
of the property which are as much as 25' above lake level, and the steep slopes
east of the house suggest the need for stairway access.
Planning Commission noted that the boathouse would not be permitted if it were proposed to
be constructed today, but members indicated that the boathouse appears to be an amenity
which, in the context of the entire property, should be allowed to be restored. Factors which
· Request for Council Action continued
Page 3
September 19, 1996 I Updated October 23, 1996
#2159 James and Joann Jundt, 1400 Bracketts Point Road
may justify structural repair to the boathouse include its age, its connection with the history
of the property, and its unique former function as a "changing room" with a divider for a boys'
side and a girls' side. Planning Commission suggested that applicant work with staff to
determine the cosmetic versus structural nature of contemplated repairs, if structural restoration
variances are necessary to bring that back as a separate application.
Staff Recommendation
Staff concurs with Planning Commission that the stairways, retaining wall and grotto should
be restored. Additionally, Council should give applicant direction regarding the restoration of
the boathouse.
A resolution for approval of the restoration of the stairways, grotto and retaining wall 1s
attached for Council adoption.
Options for Action
1. Approve per attached resolution.
2. Approve per attached resolution with revisions.
3. Table for further information.
4. Conceptual denial.
5. Other.
COUNCIL ACTION REQUESTED:
Adopt attached resolution or take other appropriate action.
o i tV
PROPOSED MOTION: Moved by)~)'r..-r~ seconded by G,(cif
1
, to adopt Resolution No. __
granting lakeshore setback and 0-75' hardcover variance approval for restoration of lakeshore
stairways, retaining wall and grotto for James and Joann Jundt at 1400 Bracketts Point Road.
Vote: S ayes, 0 nays.
lsv
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 27, 1997
(#3 -Old Crystal Bay oad Addition Internal Tz:ail System -Continued)
"~\ ,/'
\ -~
Barrett indicated that this v.tould require th_~active participation of the homeowners of
2655 and 2635 Countryside'Prive West,who would have to personally agree to an
easement for the residents of the subdivision. Jabbour amended his motion to include ' , . .
Barrett's responsibility to see that the easement be provided by the homeowners
mentioned to the residents of the ~tipdivision. Vote: Ayes 4, Nays 0.
. \\ .
\
' PUBLIC COMMENTS \
There were no public comments.
\
\\
\" \,.
ZONING ADMINI~fRATOR'S REPORT'\
(#5) No item for this agenda number
(*#6) #2300 JAMES AND JOANNE JUNDT, 1400 BRACKETTS POINT ROAD -
RENE\-VAL VARIANCES -RESOLUTION NO. 3986
Goetten moved, Kelley seconded, to adopt Resolution No. 3986, granting variances to
James and Joanne Jundt of 1400 Bracketts Point Road for restoration of retaining walls,
underground grotto and lakeshore stairway system within 75' of the lakeshore. Vote:
Ayes 4, Nays 0.
(#7) #2301 GERALD MCCG_URTNEY, 1055 \-VEST FERNDALE ROAD -
VARIANCES -RESOLUTIOI'\NO. 3987
\
The applicant was present. \
Gaffron reported that the request for v~ces includes,-landscaping within the right-of-
way of Ferndale Road, expansion of drive~~y apron fh right-of-way, and construction of
a gate access within 7 5' of the lakeshore and'~ the efght-of-way. Legal combination of
the properties cannot occur until court action h~ ~¢solved the ownership of property in
question. Gaffron noted that the apron will matcJi.-Jhe other side of the driveway
allowing for better approach. ~e landscap~g,foill\~e an arborvitae h~dge s~t _at 15-17'
from the paved roadway. The nght-of-way 1s,66'. IB~ gated access will remam grassy
and allow for entry by private maintenance _p'hsonnel. \ ·
,/ \
' ' Gaffron said the Planning Commission r~fommended appitl_val subject to the two tax
parcels being legally combined once th/court action has be~r\finalized. The
Commission felt the removal of the h0tse more than off-set tht~dditional hardcover for -
J ' the apron, which greatly exceeds thef allotted amount for a garage\~pron. Per prior
variance approval, an apron is alloi--ed at a 40' width, which provide'3. extra parking
space. Staff agreed with recommindation subject to a hold hannless agreement signed
by applicant for the improvements within the right-of-way.
9
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON OCTOBER 20, 1997
(#9) #2300 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD -
RENEW AL VARIANCES -PUBLIC HEARING 10:24-10:26 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was not present.
Gaffron reported that the application is a variance renewal with no changes. It was noted
that the boat house would not be restored.
Lindquist moved, Hawn seconded, to approve Application #2300. Vote: Aye_s 6, Nays 0.
(#10) #2301 GERALD MCCOURTNEY, 1055 WEST FERNDALE ROAD -
VARIANCES -PUB~ HEARING 10:27-10:32 P.M. /
"'" The Affidavit of Publication\nd Certificate of Mailing wer7/hoted.
\
\
The Applicant was present. \ ..
\, /
\ /
Gaffron reported that the request wa~or variances fofiandscaping within the right-of-
way of Ferndale ~oa~, expansion of dn\r~way a?rmyin_ the right-of-way, and construction
of a gate access within 75' of the lakeshore_and m the nght-of-way. The lot has been
expanded recently by adding part of the Sk~prpperty. The existing house on the lot
had been removed. The proposal is to plant a row of arborvitae within the right-of-way
along the property for privacy and security re?ldl\S. The 66' right-of-way is wider th,an
the 50' right-of-way typically required today/' The "'r'°'ad had been a County road at one
time. There is a considerable distance ben.yeen the p\ved road and the property
boundary. Historical usage includes a feqce encroachrl\ent which is consistent with other
properties in the area. The plantings wiV"be 15' from th~'{>aved road.
The gateway to the property for acce~l~ould be placed at,~'€, 75' lake setback line. It is.
metal in design. The driveway apron would expand the existir1g driveway to match what
exists on the opposite side. The h9~se on the property was remb~eled several years ago.
At that time, the City denied a loip driveway but allowed a wider,priveway for parking.
The code allows 20' width but if~xists at 40'. The change allows a\1weep in a car's
approach to the garage. The s}ie plan is in process with the removal\:~f the house,
grading, and replacement of p'lants. A landscaping plan has been appf(?ved by staff. Staff
recommends approval of th/ application. \
I \
As a note of information,,Gaffron reported that a neighboring property rec'eived
permission for a 3-1/2' fence located 15' from the paved road. The neighbo:?1,~as decided
to plant an arborvitae hedge instead to be consistent with this property. \ \
25
ORONO CITY COUNCIL MEETING
MINUTES FOR OCTOBER 28, 1996 -----
"· ' (#6.) #2135 ALBEE ESTATE1 1575 -VARIANCE -
RESOLUTION #3785 '\,,,
Applicants were present. '···· .. ,
Gaffron stated this item was table;~~uncil S~~r 23rd meeting at the request of
the applica~ts. Since that time, Nancy Gav.:{oye~resentative_ of the estate, has provided
documentation that the Hedlunds are no. !?a 1 •~er mvolved with the request, hence the
Hedlunds no !onger appea: _on the pros.ose?. re'sQ}ution. The es:ate advises_ they are i:1
agreement with the prov1S1ons and/cond1t1ons ~{ the resolution and wish Council
approval. / "'",,,_
/ ' ✓ '
Moved _by Jabbour, secondtcf by Hurr to adopt Resolution '113.:z.~5 granting variances for .
street setback, average/fukeshore setback, lake setback, hardc·over and work in bluff
r·--··· -·--· __ ~£~~t .~o~~-~~~~na Albee Estate property at 1575 Long lake Blvd. Vote: Ayes
1 --s' nays e • w ---~=-~,.;;;;;;,c~-....;..=-,r~1::rrr-.4!1li¥i!0iiiW.i:"..~K--,'.'r,••1~,•~,,rn;:;,eg,i,,_~"'"1"%'"""'-,..,""";r-..,,;,,;'f,,,c,7µ,;;c;,,,.,.k ✓-./~~.,·~,."-'-,,k-,"'[,=-,-,-,_,7=--,--
';
' .
1 ( #7 .) #2159 JAL'1ES Al'.TJ) JoANN JUNDT, 1400 BRACKETTS POINT ROAD -
VARIAN CE -RESOLUTION #3786
Mrs. Jundt was present.
Gaffron stated the application is to restore two existing limestone rock stairways leading
down the lakeshore bank east of the existing house. The stairways have been in place
for many years, and restoration will include repair or replacement of deteriorated
stonework and handrails. This will now give the property 4 access stairways on tn
property with 600' of shoreline. In addition applicants proposed to restore the
underground grotto and its associated retaining wall. The grotto was originally an old
pump house. The applicant has withdrawn the restoration of the existing boathouse.
Callahan asked applicant if she was satisfied. Applicant indicated yes.
Goetten stated this is a very unique case. Applicant indicated they are trying to bring
the property back to its original condition.
Kelley indicated pictures indicate a large amount of vegetation in the stairway and
applicant must understand amount of vegetation removal.
Jabbour stated he disagreed with the Planning Commission regarding the 4 stairways for
600' of lakeshore, it should depend on individual property.
Goetten moved, Jabbour seconded, to adopt Resolution #3786 granting lakeshore setback
and 0-75' hardcover variance approval for restoration of lakeshore stairways, retaining
wall and grotto for James and JoAnn Jundt at 1400 Bracketts Point Road. Vote: Ayes
5, nays 0.
8
MINUTES OF THE ORONO PLANNING COMMISSION
l\!IEETING HELD ON SEPTEMBER 16, 1996
(#3 -#2169¥~hael Renard -Continued) //
Lindquist asked, what the hardcover facts were. Mabusth asked for a 91,kdown of the
hardcover calcull:l:!i?ns and whether it inclu?ed th.e landscaping. ~o/s~owed the survey
to Mabusth, who ci,td not have a copy of this particular survey. D15cuss1on was had on the
particulars of the halr;£cover.. It was det~rrnined that if the l~.v OJ ".'f. of landscape rock in the
0-75' was removed, al"Qng with 420 s.f m the 75-250' setbacj( there would be no need for
a hardcover variance. S~hroeder said he was concerned ~(h trading of plastic and rock as
it should not have been tli:ere in the first place. The plasu'c was installed by a previous
owner. Schroeder said. th.e \~rd cover should ~e sep~r,,r{ed showing what does a?d does
not count. Mabusth said 1t w~uld not be reqmred ~ere was no hardcover vanance
required in the 7.5-250' setback\~~.d would only i3/olve the average la~eshore setback.
Schroeder questioned whether tl\is was actuall~own. Mabusth clanfied that the
hardcover total was originally 614~
1
s .. f. ~r 26 ?!% ~here 5707 s.f. is allowed. With the
removal of the 420 s.f. of landscape+,,rock a plastic, the square footage of hardcover
would be at 24.9% and not require a\rari ce.
·),
. '
Smith asked why the shed was anr· ss i"1;i 1991. Mabusth said it was because the
hardcove\ exceeded the allowed at 6. 7o/o\ With the shed removal, the hardcover would
be at 25.51/o. ff \
There were no public commf \
Schroeder said he was reluctant to allow the shed since the Council in 1991 recommended
its removal with the sanl' basic numbers present~p. Lindquist noted that the structure was
proposed larger at that1time. Mabusth said there ' as also more hardcover and the
updated survey was /ot available. Mabusth said th removal of plastic and rock would
result in a 1.8% re I ction from 26.7% to 24.9%.
t
Lindquist move , Hawn seconded, to recommend apprwal of Application #2169 with the ..
understanding hat all plastic on the property would be reluoved along with the cement
pad located · the 0-75' setback. The application would o~y involve a variance to the
average lak shore setback, and the shed would be allowed td\ emain. Vote: Ayes 6, Nays
r·-----2..:...--~---'---------------
(#4) #2159 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD -
VARIANCES-CONTINUATION OF PUBLIC HEARING 7:30-7:54 P.M.
The Applicant was present.
Gaffron reported that the application was tabled at the request of the applicant at the
August 19 meeting of the Planning Commission. He noted that the application has been
revised by the withdrawal of the boathouse from the application.
7
MINUTES OF THE ORONO PLANNING COMMISSION
:MEETING HELD ON SEPTEMBER 16, 1996
(#4 -#2159 James and Joann Jundt -Continued)
l\1rs. Jundt said the intent was non-structural in regards to the boathouse and repair only
would be done due to a hole in the roof from a large tree branch that fell on it this past
year. Lindquist asked Mrs. Jundt if she had a problem with the total removal of the
boathouse. Jundt said she would be reluctant to remove the boathouse due to its historical
significance. Gamon said caution would need to be taken regarding a repair permit for
the l 930's boathouse with the value versus the cost of repair. Smith clarified that the
boathouse would not be deleted from the application, and there were no plans to remove
the boathouse from the property. Gaffi-on informed the CoITlIIllssion that the City would
have to review the repairs proposed.
Jundt questioned why there was a concern when only repairs were planned. She was
informed that structural repairs cannot exceed 50% of the value of the boathouse when
ordinances made such structures nonconforming'in 1975. Mabusth said she spoke with
Jundt's attorney, Tom Crosby, who noted the cement piers, which are part of its
construction and were found to be in good condition. He was informed that additional
information would be required if the integrity of the foundation was questioned. A
window will be added but the roof slope would remain the same. Jundt said she
understood the concern when asked by Lindquist. Lindquist clarified that if any repairs
exceed 50% of the value, the code requires the boathouse to be removed. It was
determined that more information would be required before this issue could be resolved.
Gaffi-on reported that the proposal includes improvements east of the main house to the
underground grotto, a retaining wall, and repair of the stairways. One set of stairways has
a gap which will be connected. This stairway is located 5-1 O' from the shoreline. Another
centrally located stairway will be repaired and restored. The retaining wall will be repaired
along with the grotto. Gaffi-on said the existing 4 walkways extend 650' in distance and
questioned whether there were more than enough stairways. He noted the code allows for
stairs to the lake but does not mention how many sets of stairs per property.
The improvements to the grotto will consist of cosmetic changes with the addition of a
stucco interior wall and ceiling panels, addition of a decorative light, restoration of
existing wood doors, and restoration of the existing stone retaining wall. Gamon noted
that since the grotto was underground, it is not considered hardcover. The hardcover
calculations are at 0. 7% in the 0-75' setback with the exclusion of the hardcover in the
public right-of-way. Additional hardcover of about 1% is proposed in the submitted
calculations in the patio and deck area but no specifics are provided and will need
clarification. l\1rs. Jundt said restoration was only planned at this time, no additions.
Smith asked if there were improvements to the grotto. Gamon said the changes were
cosmetic only.
8
MINUTES OF THE ORONO PLANNING COI\'11\USSION
MEETING HELD ON SEPTEMBER 16, 1996
(#4 -#2159 James and Joann Jundt -Continued)
McMillan asked ifthere would be changes to the vegetation. Jundt said the plans call for
trimming only.
Gaffron said the code normally asks for a staircase to come straight down in order to keep
the hardcover to a minimum. The stairs now angle down across the slope and are partially
hidden by vegetation.
Smith noted that the number of staircases was previously reviewed. It was determined
that if the property was broken down into parcels that the number of stairways would be
acceptable.
Hawn commented on the uniqueness of the property and the fact that only restoration was
being performed, not new improvements. Hawn said she spoke with the gardener who
said he used the far stairways alot in his work and the restoration would increase the
safety. Hawn said she had no problem with the restoration.
Jundt said it was their intent to return the property to what it once was and not change it.
She said she had questioned whether the boathouse should be restored and was informed
that it should be as it has historically value. She informed Mabusth when questioned that
additional damage could occur if the repair was not made. Mabusth said, although the
cost of repair may exceed 50% of value, she would be inclined to allow the repair because
of the uniqueness.
Stoddard asked h9w the valuation was determined. Gaffron said the assessor's value was
usually taken from 1975 records. However, no value was established for this building in
the records. A value for a comparable building of its size could possibly be used.
Lindquist asked whether the Commission was including the boathouse or not in this
application. Mabusth said there was a need to allow the structural repair to the roof, but
the applicant would have to come back with more information on the foundation.
Lindquist said he would need more information before he could vote on the issue and
asked for an estimate. Mrs. Jundt said she thought it would be okay to repair the
structure. Gaffron said it was a matter or defining whether and to what extent structural
repair actually is needed. Gaffron said he would want the building inspector to look at the
structure if the boathouse was included in the application. Lindquist said the Commission
would only look at the sidewalk, retaining walls, and grotto, and would not include the
boathouse in this approval.
There were no public comments.
9
MINUTES OF THE ORONO PLANNING COl\tlMISSION
1\tIEETING HELD ON SEPTEl\tIBER 16, 1996
(#4 -#2159 James and Joann Jundt -Continued)
Stoddard moved, Schroeder seconded, to approve the restoration and cosmetic remodel to
the grotto, retaining walls, and sidewalks with the condition that the applicant work with
Staff regarding the boathouse.
Smith questioned whether the boathouse affects the retaining walls. Gaffron said the
grotto and retaining walls are together, and the boathouse is totally separate.
Vote: Ayes 6, Nays 0.
(#5) #2168 TODD A~DONNA ROOKE, 4190 HIGIVWOOD ROAD -
VARIANCE-PUBL HEARING 7:54-8:04 P.M. /
The Affidavit of Publicati and Certificate ofMailiI)t:ere noted.
\ .
The Applicant was present. \
\ C
Mabusth reported the applicatio~was for a ha/~cover variance within the 75-250' setback
area for construction of a 12'xl 6' a,ck on tht(west side of the residence placed over the
aggregate patio. A previous deck w~ pla9~d in a larger footprint, and the replacement
deck will be smaller in size. There wil\ bef no reduction in the existing hardcover within
75-250' setback area at 55%. X
/ \
J/ \~"
The applicant said he began to repair,the dack, and it fell down.
/ I \
Mabusth said the applicant asked for directior\regarding the possibility of a garage. Staff
reviewed the situation and repoty~d that there ~p.s no way to get beyond the residence
with the topography to the reru/of the property. \1:abusth said there was 8' of the stoop
and 17' to the right-of-way Ii~. Mabusth asked tfie size of the existing porch for possibly
using part of the structure f~/ the garage. Rooke sdi,d it was about 6' deep. Mabusth said
there would only be room for a one-stall garage, and'Jle right-of-way would continue to
serve as back out area. // \ _
I \
Rooke said all of the l}Jighbors in the area have 50' wide ~s but depths of about 250'.
The homes are withi1;{the first 75' of the property. Rooke Sijid he has spoken with his
neighbors regarding/gaining a private drive along the back tci\put garages to the rear
where no hardcover issue would be involved. \.
\ \
Stoddard suggested coming in from the west side where only an ~sement would be
required. Mabusth said the topography of the area would probably"'~liminate that
possibility.
10
.. c,.
~
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~
c,.
.. ~ ..
~
.. ~
' c,.
~
.. ~ ..
~
c,. .. ~
I)
PAINT CONCRETE WALLS
AT VESTIBULE
RESTORE EXISTING
----
,-----SMOOTH FINISHED STUCCO
PANELS AND VAULTED CEILING WOOD DOORS ~ I
.......----,------,---'.-_..,,_-;.--,-I -,-I -+----. ANCHORED TO EXISTING
CONCRETE WALLS AND CEILING
. . PAINT EXISTING CONCRETE WALLS
. ~=:-:_··-._:}=== .... .,! .•. : ~---~I !LJ: 1_4_" _:_:N~Rg~~~N~ -A~2~~~cio BE 07}
-~);
_______ __l;;;;;;;;;;;;;~:::i.lf::Jt: ::j;~C _ _j_~_.----------~S;K~IM:-Zcco;AT~AN;D~P;A:IN~T======~T:::::;~~~=-=-=--=-=-=--EXISTING FLOOR AND BASE /!'-'' 'l
EXISTING CONCRETE FLOOR TO HAVE DEX-0-TEX
BOAT HOUSE
SMOOTH STUCCO FINISH
STUCCO BACKER BOARD
,------+---++-+--ST. STL. ANCHOR TO EXISTING
CONCRETE WALL AS REQUIRED
2 5/el' GALVANIZED
METAL STUD
ST. STL. EDGE TRIM
1--------EXISTING PAINTED
CONCRETE WALL
STUCCO PANEL DETAIL
SCALE: 3" = 1 '-0"
COLOR TO BE APPROVED APPLICATION
BY ARCHITECT
r 7 r --~Ir 71 r= 1 r== = = >--i~-. __
~ ~ ~ • = ~1,~ ~, 0--1 __ J L __ jLJ
WEST ELEVATION
GROTTO
J BOX PROVIDED
BY G.C.
DECORATIVE LIGHT
FIXTURE
BY OWNER
DECORATIVE PAINT
FINISH
BY OTHERS
TYP. METAL STUD
FRAMING -ANCHOR
AS REQUIRED
I \
\ I
I
EAST ELEVATION
.,_.... __ RESTORE EXISTING DRAIN
SMOOTH FINISHED STUCCO
PANELS AND VAULTED CEILING
ANCHORED TO EXISTING
CONCRETE WALLS AND CEILING
3 / 1 s" = 1 , -o"
..,.~--.----:· . ~.~~------
~ !
0
GROTTO---1
EXISTING FLOOR DRAIN
I
I
I
1
I
I
I
I
I
I
I
I
I
I
I
I
~
I
I
I
.. -.. ,,· /'· ;;-· ·-··:,. ··,: ... ., .
. /·:.:-. ·;~-r
CJ ·~{ _._: .. _ .... _.:
.:: .. · ····:.
D
Q •:·-···· ····-·:· .::,····-······ .. ~:-
------
0
:/··~E·;;ORE .EXISTING ···• .. --····., .
. ....... :•u····· STONE RETAINING V/AJ.L ·: ....... .
REROUTE EROSION
DRAINAGE PATTERN A3OVE
---------------
-------------
Jundt Residence
1400 Bracketts Point Road
Orono, MN 55391
ReStoration of Existing Beath use
June 1996
LEVEL AND RESET EXISTING
STAIR SLABS
INCLUDE STAIR REPAIR
AT STAIRS NORTH OF SITE
REPLACE EXlSTlNG METAL
HANDRAIL W/ NEW PTO.
DECORATIVE CAST
ALUMINUM HANDRAIL
0
f3,X/.I. B·2
{4;;0/,./JO,
5t9~
& Grotto.
~:..~.: ... _ ...
. ··.:?
~~
~
~rG:-L]
CITY OF ORONO
2750 Kelley Parkway, P.O. Bo x 66
Crystal Bay, MN 5532 3
Phone (612) 47 3-7357 Fax 473-
05 1 0
The Plan nin g Com missio n will hold
publ ic hear ing s in the Coun ci l Chamber s at
27 60 Kelley Parkway on Mon day , Octob er 19 ,
1998 , be gi nning at 6 :30 p.m. on the matter of
rev iewin g the follow ing land use app licati ons :
1. #2421 James and Jo ann Jundt , 1 4 0 0
Bracketts Point Ro ad , reque st furth er
renewa l of set back and ha rd cov er va ria nce s
gr ant ed in Oct ob er -1996 and renewed in
Oct ob er 1997 for re stor ation of an ex isting
retai ni ng wa ll , un derground grotto and
la kes hore sla irway system locat ed within 75 '
of the la ke shore .
2 . #2431 Rog er Ol sen , 8 1 5
Parte nw ood Ro a d , reques ts renewal
variances for lakesh ore set back , and
hardcover in the 0-7 5 ' setback to ren-,od el
and expand an ex isti ng res idence .
3 . #241Ci"" pfrer Bo;nton, 1973
Fagernes!L .P.01.n.l Floa.d ,~Jiits, ave rage
lak es hore setb ack and hardcover setbacks to
con str uc t a new residence .
4 . #2411 Paul HaQssen , 3195 Casco
Circ le , requests variances and a conditi onal
use pe rmit to re build a d,eck pr evi ous ly
located on a boathouse .-
5 . #2422 Richard Gay, 2735
Shadyw ood Road , requests variances to
increase the height of a fence to be located in
the lakeshore ·and si de yards .
6 . #24 23 Ga ra Ge hring and T9m Terry ,
340 Leaf Stree t,, request a variance for
front yard setback to build a covered
entra nce . ·
Affidavit of Publication
7 . #2424 Gre g Kl ohn , 4455 North
Shore Drive , request s average lakesho re Stat e of Minnesot a Count y of Hennepin.
setbac k and hardco ve r varian ces for an '
addition and a deck .
8 . #2427 Kenton an d Diana Ca rlson , B i ll Holm being duly sworn on oath says that he is
3498 No r th Shore Drive, request ' '
hardcover and setback variances to allow an a n authorized agent and employee of the publis her
aft er-th e-fact co vere d porch over a deck . ·
, of the newspaper known as THE LAKER,, Mound ,
9 . #2428 , Terry Ma urer on be half of .
David Hardten , havi ng an inte rest in 2515 v1innesota , and has full knowledge o f the facts
Kelly Avenue, request s variances fo r .
ha rdcov er in the 75-250' setback to con str uc t NhlCh a r e stated below:
a new residence .,
10 . #2429 Jeffrey Brau ch!~ an d Eli sa A. ) The newspaper has complied with all t he
Schoonover , 650 North Arm Drive, re quest ·
variances fo r _ hardcover and se tback to r equ i reme n ts· cons t i t ut i ng qual i fications as a
rebuild an exIs11ng deck .
2
,..,• qualified newspaper, as provided by Minnesota
11. # 432 u ree nfi eld Corpora ti on,
having an interest in 4755 and 4775 Stat u t e 33 1 A .O2 , 33 1 A .O7 I and other applicable
Bay side Road , re qu est an amen dment to a
sub divis ion to provid e an eas ement for laws, as amended.
driveway purpo ses to the 477 5 Bays ide Ro ad
lot over 4755 Baysi de Road .
12. #2433 Do rie Finn , 1640 B.)Thepr i n ted L and Us e App lic ations
Shadywood Road ,-reques ~ after-the-fact
variance s ~o repl~~e dec~s. l , _
13 . #2434 Kids Art Stu dio, 2 180 North
S hore Drive, requests an amendment to a
conditinal use permit to all ow a ti pi.
All persons wishi ng to be heard are
· encourage d to atten d this meetin g. Writte n
comments are solic ite d. Plans are available
in th e City Offices for review, by appo intmen t.
For an appo itment , call 473-7357 .
City of Orono
By : Plann ing Commiss ion
Eli zabeth Van Zomeren
City Planner/Zoning Administr ator
(P ublished in The Laker an d Pion eer
Oct. 3 , 1998)
v hich is a ttached was cut from the columns o f said
1ew spaper, and was p ri nted and published once
3ach week for 1 successive weeks:
It was fi r s t published Saturday
t he 3 dayof Octobe r 19..3..8._,
and was thereafter printed and publi shed every
Saturday , to and including Saturday,
RECEIVED
OCT O ~ 1998
CITY OF ORONO
the ___ day of _______ 19 __ ;
Jc<cii&.;enl
Subscri bed and sworn to me on this
3
By:
0
KRISTI HOLM
NOTARY PUBLIC-MINNESOTA
My Commi ssion Expires Jan . 31, 2000
(1) Lowest classified rate paid by comme rcial users
for comparable space : $12 .90 per inch .
(2) Max imum rate allowed by law for above matt er: $12 .90.
(3) Rate actually charged for above ma tt er: $7.19 pe r inch .
Each addi ti onal succ ess ive we ek: $5.1 4.
, CITY of ORONO _:
Street Address:
2750 Kelley Parkway ·
. . Orono, MN 55356
Municipal Offices
· DATA PRIVACY ADVISORY
Malllnr Address: · ·
· ·P.O. Box 66 · .
· Crystal Bay, MN 55323-0066
: In accordance with M.S. 13.04,'·subd.:· 2, "Rights of subjects of <lat~", we would like to
inform you that your request for a pemiit or license from the City _-of Orono· or any of its
departments may r~quirn you to furnish certain private or confidential information.
y OU af e notified that: ... '
1. The . information you furnish will be used to determin~ 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. · · ·
The information may be shared with · other locat state or . federal agencies to the
extent necessary to process the permit or license.·
4. If your requested permit or license reqmres 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 i; r6qu~ed to process this application or pemiit.
Middle · Last
Address ·
. trlr1 L ~5;?) ¢73 -fs-,;;z..y
State Zip . Phone
I understand my rights as stated above.
Telephone (612) 473-7357 • FAX 473-0510
10