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HomeMy WebLinkAboutProject PacketMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 (*#11) #1865 DAVID OWEN, 2248 SHADYWOOD ROAD -VARIANCES RESOLUTION #3340 It was moved by Goetten, seconded by Hurr, to adopt Resolution #3340 for applicant David Owen, 2248 Shadywood Road for hardcover and setback variances to permit the installation of a new concrete garage floor and concrete parking pad to the immediate west. Ayes 5, Nays O. (#12) #1866, #1867, #1868 JAMES AND JOANN JUNDT, 1400 BRACKETT'S POINT ROAD - VARIANCES -RESOLUTIONS #3341, #3342, #3343 Marcus Jundt, representing Mr. and Mrs. Jundt, was present. #1866 Mabusth explained that application #1866 involves a conditional use permit to allow a second floor caretaker apartment within principle structure. The i_ssue of internal access was reviewed noting principle access is via interior of residence and a secondary staircase from the garage. There is no intention of the applicant to rent this unit. It was moved by Kelley, seconded by Hurr to adopt Resolution #3341 for applicants James and Joanne Jundt, 1400 Brackett's Point Road granting a Conditional Use Permit to allow the continued use of a caretaker apartment located in the second floor level of the existing principal residence. Ayes 5, Nays 0. #1867 Mabusth explained that applicant is requesting variances for a lakeside deck which will be used to store dock sections and irrigation structure/equipment. Jabbour asked about the elevations from the water landward and whether or not they would be cutting into the hill to install the deck. Mr. Jundt explained that the deck would not require cutting into the hill. Goetten inquired about the need to house the irrigation equipment on the deck . Kelley asked where the current irrigation system exists. Applicants representatives explained there is a large bunker-type structure underground that houses the irrigation equipment now. The problem with using the existing structure is that the existing equipment does not work and there are no plans indicating where the piping/electrical service are located and thus would be very difficult to install new equipment. It was clarified that the proposed structure that will house the irrigation system is only 4 feet high , and is not a substantial structure. It is a lock-box type structure. Hurr stated that she felt the proposed deck in front of the lock-box is not necessary, and that she would not approve it. Mayor Callahan commented that the Planning Commission approved the deck with conditions that it be used only for dock storage and not for entertaining. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3342 for applicants James and 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 ZONING FILE #1866, #1867, #1968 Joann Jundt, 1400 Brackett's Point Road granting variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and 2 to permit construction of an access stair with landing and lock box structure for irrigation equipment, but without the deck in front of the irrigation structure with 4 x 4 landino deck located 2' from the shoreline where a 75' setback would be required and resulting in a .60% 0 hardcover where no hardcover is allowed. Ayes 3, Nays 2. Mayor Callahan and Councilmember Jabbour voted nay. #1868 Mabusth explained that applicant is requesting a conditional use permit to allow the continued use of the detached guest house structure. There are no proposed improvements to the structure. She explained further that applicant requests a change in the Resolution, page 2, Section 3b, where it says "this structure would never remain as a principal structure" to be rewritten "it is unlikely that this structure would remain as a principle structure". It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3343 as drafted for applicants granting a Conditional Use Permit and accessory structure floor area variance to allow continued use of the detached guest house structure with caretaker apartment. Ayes 5, Nays 0. (#13) #1873 JACK EDWARDS, 1340 REST POINT cmCLE -VARIANCES RESOLUTION #3344 Mr. Edwards was present. Mabusth explained that applicant proposes a multi-purpose two-level detached structure, and storage addition, requiring street setback and hardcover variances. Applicant proposes to exchange new structural hardcover for removal of non-structural hardcover. It was moved by Hurr, seconded by Goetten, to adopt Resolution #3344 for applicant Jack Edwards, 1340 Rest Point Circle granting setback and hardcover variances to permit the construction of an upper level garage addition and lower level storage addition to the existing accessory structure. Ayes 5, Nays 0. (#14) #1663 MARK JOHNSON, 4465 BAYSIDE ROAD A) REQUEST TO EXTEND EFFECTIVE PERIOD OF PRELIMINARY SUBDIVISION APPROVAL -RESOLUTION #3345 B) FINAL PLAT APPROVAL -RESOLUTION #3346 Mabusth explained that the effective period of Preliminary Subdivision Approval expired in September, 1992 and applicant could not file final plat approval as a result of circumstances beyond applicant's control. It was moved by Goetten, seconded by Jabbour, to adopt resolution #3345 for application Mark Johnson, 4465 Bayside Road, granting an extension of the Effective Period of Preliminary Approval for a Plat at 4465 Bayside Street. It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3346 approving the Plat of Johnson Wheeler 1st Addition. Ayes 5, Nays 0. 6 CITY OF ORONO P.O. Box 66 Crystal Bay, l\1N 55323 473-7357 APPLICATION NO. 1866, 1867 & 1868 NOTICE OF COUNCIL ACTION Date of Notice: 10/13/93 ______________________________________________ , ________ , __ _ TO: Mr. & Mrs. James Jundt COPIES: Scott Crawford/Steve Johnson Kraus Anderson Const. Co. Midwest Division 2200 Huntington Point Rd. Wayzata, MN 55391 8625 Rendova St. NE Circle Pines, MN 55014 Mr. Tom Crosby Faegre & Benson 2200 N orwest Center 90 South 7th Street Minneapolis, MN 55402 ----------------------------------------------------- TYPE OF APPLICATIONS: #1866 Conditional Use Permit #1867 Variances #1868 Conditional Use Permit -------------------------------------------·------- DATE OF MEETING: 10/11/93 VOTE: #1866 #1867 5 FOR 5 FOR 0 AGAINST 0 AGAINST (Approval as Amended) #1868 5 FOR O AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolutions sent to you prior to the meeting. Resolution #1867 has been amended per the directives of the Council allowing a 4'x4' landing at the lakeside of the access stairs, a 6'x4' irrigation structure and a light post at the lakeside deck landing. The amended resolution is enclosed for your information. Please arrange to sign the 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 and conditional use permit approval is limited to the extent shown on approved plan and as noted in the approval resolutions. Changes in approved plans are subject to further review by the City. Please contact Jeanne Mabusth at the City Offices if you have any further questions concerning the review of your application. ch TO: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: October 4, 1993 SUBJECT: James and Joann Jundt, 1400 Brackett's Point Road A. #1866 Conditional Use Permit -Resolution B. #1867 Variances -Resolution C. #1868 Conditional Use Permit -Resolution Brief Review of Applications: Please review the enclosed Planning Commission packet for more detail on the issues and ordinances pertinent to the review of the three applications. The following is merely a brief review of the comprehensive application and deals only with the highlights of the reviews. A. #1866 -The first application involves a conditional use permit to allow the second floor area to remain for the dwelling use of employees of the owner. Originally the second floor level was designed in separate dormitory type units. Current owner now proposes an apartment for the caretaker. Primary access will be via an interior hallway that connects directly to the residence and a secondary access via a staircase leading directly from lower level garage. Planning Commission members questioned the need to install the second staircase as there was already an existing staircase that lead from the garage to the kitchen area that eventually lead to the second floor. Applicants' architect advised that although the staircase appears to be mostly located at the upper level that at the lower level there was a great deal of distance between the two and it would be more convenient to allow access from the new staircase to the caretaker area. The applicants were advised of the directives of the code where interior access to the unit had to be the primary access because of the fear that some day the residential unit may be offered for rental use. Applicants quickly explained that there was never any rental use proposed that this unit was designed specifically for a full time caretaker who would reside at the property. Planning Commission Recommendation -The Planning Commission recommended unanimous approval of the conditional use permit for the caretaker apartment within the second floor of the principal residence on the property located at 1400 Bracketts Point Road subject to the condition that the second residential unit may never be used for rental purposes. It shall continue to be used by employees or nonpaying guests or members of family. The enclosed resolution has been drafted per the Planning Commission's recommendation. Zoning Files #1866, 1867, 1868 October 4, 1993 Page 2 B. #1867 -Application #1867 involves variances that would allow a lakeside deck to be located 2' from the 929.4 resulting in a 114 s.f. of hardcover within the 0-75' setback area. There was confusion with information submitted with application in reviewing the survey and the detail on the deck and access stair. Exhibit J does detail the proposed lakeside deck's actual dimension. The Shoreland Ordinance (Section 10.56, Subdivision 16 F) does not specifically limit a property to one access stair for lakeshore lots with steep topography. There are two existing stairs to lakeshore via grade level stone steps that provide access to the lakeshore but not to a dock. Applicants have advised that they have not made a determination as to the comprehensive improvement of the lakeshore property. Their position is that much of the existing improvements within the lakeshore lot along the east shoreline are historic and will require special consideration. As of this time, they have no definite plans for any restoration but seek to install a new dock with an access stair from the activity yard to the southeast side of property. The property consists of some 620 lineal feet of shoreline along the east side and some 1,000 feet along the west side. The east shoreline has the steep topographies requiring access stairs. It was noted in the Planning Commission review that if the properties were subdivided based on the lineal footage of shoreline, three residential docks with access stairs could be installed along the east shore. The major concern for this review was the request for the lakeside deck where no such improvements are allowed. Applicants advised that the structure is needed to support an irrigation structure at approximately 4'x4' and the structure will also be used for storage of sections of deck during winter months. The deck will not be used for entertainment or recreation but will provide a landing for people to access boats at dock. The deck will contain a 6' high pillar with light providing lighting for the users of the dock area. No other light pillars are proposed. Review Exhibit I, staff will recommend that applicants apply to the LMCD for dock permit for the 60' dock located 20' from the shared lot line with the property owner to the immediate south but will encroach the 20' required side setback from lot lines extended into lake. Dock must be installed per current LMCD's standards. Another issue raised during the review of the application was that the most northern of the existing stairs was partially removed in error. A few of the upper level stone steps were removed and were immediately replaced which technically require variance approval. The Planning Commission once again referred to applicants' original introductory comments noting the comprehensive improvement of the east shoreline is not currently planned and will be addressed at a later time. The Planning Commission members had no problem with upper level stone steps being replaced. Zoning Files #1866, 1867, 1868 October 4, 1993 Page 3 Planning Commission Recommendation -The Planning Commission recommended unanimous approval of the lakeshore setback and hardcover variances for the proposed access stairs and lakeside deck and replacement of stone steps within the 0-75' setback area, subject to the condition that the deck shall be used only for the storage of dock sections and placement of irrigation structure and shall never be used for recreation or entertainment. The enclosed approval resolution has been drafted per the Planning Commission's recommendation. C. #1868 -The applicants have filed a conditional use permit to allow the continued use of the detached guest house structure. The applicants propose no improvements to structure. The unit consists of a guest house, upper level caretaker apartment, lower level garages and greenhouse addition totaling 5,478 s.f. in area. To be consistent with other reviews, application must also include approval of a variance for an oversized accessory structure. A maximum of 3,000 s.f. in area is allowed for an oversized accessory structure. ch Members were concerned that if a conditional use permit is approved for this unit would the findings of the interim ordinance have an impact on the final upgrade of the septic system. As Bracketts Point has been cited as one of the hot spots, it would certainly be to the applicants' advantage to know the status of potential sewer to this property before thousands of dollars were invested in the upgrade of septic facilities. Staff advised the Planning Commission that at the time of the issuance of a building permit the applicants provided the City with a letter agreeing to install a new septic system prior to the issuance of a certificate of occupancy to restored principal structure. Planning Commission Recommendation -The Planning Commission recommended unanimous approval of the conditional use permit for the guest house with caretaker apartment and a variance for structure that exceeded the allowed area for an oversized accessory structure. The enclosed approval resolution has been drafted per the Planning Commission's recommendation. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 FILE NO. 1866 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the continued use of a caretaker apartment located in the second floor level of the existing principal residence. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1866. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13.8 acres. 3. The Orono Planning Commission reviewed the application on September 20, 1993 and recommended approval of the conditional use permit based on the following findings: a. Area of the caretaker apartment formerly served as a dormitory area for employees of the former owner. b. Interior access is provided via the principal structure with a secondary access via a stair from lower level garage. Page 1 of 5 c. There is adequate area on the 13.8 acre site to address any parking needs. d. Applicants provided a letter to the City agreeing to install a new septic system prior to the City's issuance of a certificate of occupancy for the principal structure currently under major reconstruction and restoration. e. The apartment will not have separate utilities metered from the principal residence and shall not be assigned a separate address. f. The proposed location of the caretaker apartment and the proposed conditions under which it shall be operated or maintained will not be considered detrimental to the public health, safety or welfare or material injurious to properties or improvements in the immediate neighborhood. g. The proposed conditional use will comply with each of the applicable provisions of the zoning chapter. 4. The City Council finds that granting a conditional use permit to allow a caretaker apartment within the principal structure on the property will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the affect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section 10. 23, Subdivision 4 to permit a caretaker apartment within the second floor of the principal residence subject to the following conditions: Page 2 of 5 1. The apartment shall remain for the sole use of the owners of the principal residence, including their domestic employees or nonpaying guests. 2. 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. 3. 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 Orono City Council on this 11th day of October, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by Edward J. Callahan, Jr. 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 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 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 4 of 5 garage on the east side because of a small berm or landf orm between the properties. Schroeder asked if the neighbors are aware of his plans. Mr. Owen responded that both neighbors are aware. Rowlette felt that the City has to be involved in solving the drainage problem. Peterson felt that if the foundation is built up as proposed and done right, that the water would drain back down Crystal Bay Road. Lindquist concurs. Nolan stated he would like to see some elevations to insure that the job is done right. Mr. Owen agreed. It was moved by Lindquist, seconded by Berg, to recommend approval of application #1865 for David Owen, 2248 Shadywood Road, with the understanding the he work with the City on the elevations and drainage problem. Nolan added that he would like to see the debris beside the garage cleaned up and removed during the construction. County and City will work with applicant to see that right of way is deeded back to him. Vote: Ayes 7 Nays 0. (#16) #1866, #1867, #1868 JAMES AND JOANN JUNDT 1400 BRACKETTS POINT ROAD #1866 CONDmONAL USE PERMIT -PUBLIC HEARING #1867 VARIANCES -PUBLIC HEARING #1868 CONDmONAL USE PERMIT -PUBLIC HEARING Mrs. Jundt was present. Mabusth explained that these are actually three separate applications. #1866 deals with a caretaker apartment on the second floor of the main house. Current owners propose major repair and alteration of original caretaker unit. Access comes via a hallway that is entranced from the interior of the house and also from a secondary access via the lower level of the garage. Mabusth asked for clarification of an opening to another bedroom area. Mrs. Jundt explained that their intent is to. have a doorway punched out but not open in the event they want to open the rooms to one another in the future. Peterson asked what would be the primary access. Mrs. Jundt explained that they would have private access through the garage as well as through the house. 18 Peterson asked why there needs to be two entrances. Mrs. Jundt responded that they want the caretakers to have their own private entrance. Schroeder explained that the issue for the City is that a private entrance might indicate an intent to rent the unit and asked whether they planned to rent out the unit. He commented that one way to prohiblt rental of the unit. would be to have the principle access through the main house. · Mrs. Jundt replied that her intent is not to rent the unit but to have a caretaker living on site. Peterson commented that the two stairways leading from the lower level seem so close that it didn't seem necessary to have an additional access. The architect for the project explained the stairs seem close on the second floor level but that they are not close at the bottom. Mabusth noted that the second stairway serves as access from the garage to the kitchen and eventually to the second floor. It was moved by Rowlette, seconded by Lindquist, to recommend for approval of application #1866 for James and Joann Jundt for conditional use permit required for caretaker apartment within the second floor of the main house as proposed. Vote: Ayes 7 Nays 0. #1867 Mrs. Jundt was concerned about the hardship statement that involves the boathouse and steps. See Exhibit K, # 1. Their plans are not to abandon the boathouse and steps as the property has historical significance and they want to assess all factors before making a decision on lakeshore improvements. Rowlette explained that it has been the City's intent to remove non-conforming structures within the 0-75' that begin to deteriorate and that applicant would have to work closely with the City on any repair or changes to this structure. Mabusth explained that the stone steps near the boathouse are figured in the hardcover calculations. Architect clarified the size of the deck as well as the purpose of the deck. It will be used for storage of dock sections, and not for sitting or viewing. Mabusth stated that there are no particular regulation regarding the light on the deck. Lindquist asked what it would look like. Architect stated that it would be a decorative, low intensity type light fixture. 19 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1866, 1867 and 1868 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 9/20/93 _____________ , , ___ , ___________________________________________________________________________ _ TO:Mr. and Mrs. James Jundt 2200 Huntington Point Road Wayzata, Minnesota 55391 COPIES TO:Mr. Scott Crawford/Steve Johnson Kraus Anderson Const. Co. Midwest Division 8625 Rendova Street NE Circle Pines, Minnesota 55014 Mr. Tom Crosby Faegre & Benson 2200 Norwest Center 90 South 7th Street Minneapolis, Minnesota 55402 ---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit/Variances --------------- ___ , _____________________________________________________________________________ _ DATE OF MEETING: 9/20/93 VOTE: #1866 #1867 #1868 Planning Commission recommends the following: 7 FOR 7 FOR 7 FOR 0 AGAINST 0 AGAINST 0 AGAINST The Planning Commission recommended approval of the applications as proposed subject to the findings and conditions set forth in the enclosed resolutions. Please review the resolutions and if you have any questions, please contact staff prior to the meeting. Your land use applications will be scheduled before the Council at their October 11, 1993 meeting. Please note that meeting starts at 7:30 p.m. Please contact Jeanne Mabusth if you have any questions concerning the review of your application. ch To: From: Date: Orono Plaoomg Commission Members · Mayor Callahan and Orono Councilmembers Ron Moorse, Gity Administrator Jeanne A. Mabusth, Building · & Zoning Administrator September 16, 1993 Subject: #1866, 1867 and 1868 James and Joann Jundt, 1400 Brackett's Point Road - Conditional Use Permits/Variances -Public Hearings Application #1866 involves a conditional use permit required for caretaker apartment within second floor of main house. The City has ·no record of a conditional use permit being issued for the property .. Current owners propose major repair and alteration of original caretaker unit. The following ordinance is pertinent to this review: . . Section 10.23 , Subd. 4 -Conditional Use Permit required for non-rental caretaker apartment. Refer to Section 10.20 (G) (2). Application #1867 involves variances to the Shoreland Regulations that would allow a third access stair to lake and a deck within the lakeshore protected area. The following ordinances are pertinent to this review: 1. Sectior1 10.56 , Subd. 16 (F) -Stairways, lifts and landings . The ordinance does not specifically limit a property to one access stair for lakeshore lots with steep topographies. The property 2lready has two access stairs consisting . of stone steps. 2. Section 10.22, Subd. 1 (B) -Deck is proposed at lakeshore where no such structure is allowed. Structure will be located approximately 2' from the shoreline resulting in 114 s.f. of hardcover per detail plans on boat dock/access stairs, Exhibit J. Per Exhibit I , survey of lakeshore, deck appears to measure 7' x 10 ' or 70 s.f. of additional hardcover. Applicant to clarify. 3. Section 10.22, Subd. 2 -Hardcover . 0-75' setback area = 130,384 s.f. Existing = 721 s.f. or .55% (20 ,591 s.f. of area shown for public road is excluded from applicant's hardcover) Proposed = 966 .5 s.f. or .74% Hardcover increase of 245.5 s.f. Application #1868 involves a conditional use permit to allow the continued use of the guest house structure with separate upper level caretaker apartment. The following ordinance is pertinent for this review: Section 10.23, Subd . 4 (once again refer to Section 10.20 , Subd. 3 (G) (1)). Zoning Files #1866, 1867, 1868 October 4, 1993 Page 3 Planning Commission Recommendation -The Planning Commission recommended • unanimous approval of the lakeshore setback and hardcover variances for the proposed access stairs and lakeside deck and replacement of stone steps within the 0-7 5' setback area, _subject to the condition that the deck shall be used only for the storage of dock sections and placement of irrigation structure and shall never be used for recreation or entertainment. The enclosed approval resolution has been drafted per the Planning Commission's recommendation. C. #1868 -The applicants have filed a conditional use permit to allow the continued use of the detached guest house structure. The applicants propose no improvements to structure. The unit consists of a guest house, upper level caretaker apartment, lower level garages and greenhouse addition totaling 5,478 s.f. in area. To be consistent with other reviews, application must also include approval of a variance for an oversized accessory structure. A maximum of 3,000 s.f. in area is allowed for an oversized accessory structure. ch Members were concerned that if a conditional use permit is approved for this unit would the findings of the interim ordinance have an impact on the final upgrade of the septic · system. As Bracketts Point has been cited as one of the hot spots, it would certainly be to the applicants' advantage to know the status of potential sewer to this property before thousands of dollars were invested in the upgrade of septic facilities. Staff advised the Planning Commission that at the time of the issuance of a building permit the applicants provided the City with a letter agreeing to install a new septic system prior to the issuance of a certificate of occupancy to restored principal structure. Planning Commission Recommendation -The Planning Commission recommended unanimous approval of the conditional use permit for the guest house with caretaker apartment and a variance for structure that exceeded the allowed area for an oversized accessory structure. The enclosed approval resolution has been drafted per the Planning Commission's recommendation. Zoning Files #1866, #1867, #1868 September 15, 1993 Page 2 List of Exhibits Al-3-Applications B - C Plat Map Property Owners List Hardcover Fact Sheets Weckman Report Survey D E F G H I J K L Floor Plan of Main Floor Below Caretaker Apartment Floor Plan of Second Floor Caretaker Apartment -Survey-Access Stairs/Boat Dock Boat Dock/ Staircase Detail Hardship Statement Survey-Guest House/Caretaker Apartment Application #1866 -Conditional Use Permit/Caretaker Apartment/Main House Review Exhibits F, G and H. The applicants have been asked to file a conditional use permit to allow the major renovation of the existing caretaker unit on the second floor of the main house. A building permit has been issued to allow commencement of the work, but kitchen area will not be installed until conditional use permit is completed. Refer to Section 10.20, Subd. 3 (G) (2) to review necessary standards for non-rental apartment use. Review Exhibit H. Access to the apartment is via a hallway that connects to the main house with a secondary access from a staircase from the garage below. The apartment shall be for the exclusive use of the domestic employees of owner. The caretaker apartment has never been assigned a separate address by the City. Review Weckman's memo, Exhibit E. Council adopted an interim ordinance that will delay the enforcement of the new Septic Ordinance and Shoreland Regulations as they relate to septic systems that do not meet the required 3' separation from the bottom of the trench to the seasonal water table. Brackett's Point has been classified as a "hot spot" which means that this area may be considered by Council for sewer. Such areas may be given special consideration but at this· time nothing has been decided by the Council. During the 13-year septic inspection program, the system has never been found to be surfacing. Staff recommends approval of Application #1866 granting a conditional use permit for the continued use of the caretaker apartment subject to the condition that the apartment may never be used for rental use. Application #1867 -Variances to Shoreland Ordinance and Hardcover Regulations to Allow Third Access Stair and Deck at Shoreline Refer to Exhibits I and J. As already noted above, there appears to be a conflict between the lakeshore deck proposed with the information from survey and detail plans. The access stair Zoning Files #1866, #1867, #1868 September 15, 1993 Page 3 meets the standards set forth in the Shoreland Regulations proposed at a 4' width with landings not exceeding 32. s.f. The applicant claims the deck structure is needed to support an irrigation structure. Based on the detail plan, the structure appears to be 4' x 4' at a 4' height. A 3½' long stone wall extends to the north side of the lakeside deck. Detail plans also reveal a 1 ½" wide cedar pillar with lantern at a total height of 6'. It is not clear from the plans where the pillar is to be located. Applicants' representative should specify location of light post. Please note boathouse attached to deck is not proposed. Statement of Hardship Refer to Exhibit K. Issues for consideration 1. Applicants' hardship statement notes that boathouse and stone step structure will be abandoned at some future date. Section 10.56, Subd. 16 (F) does not specifically limit the number of access stairs to a property. The property consists of approximately 620' of lineal feet of shoreline and if subdivided into three lots could legally hold three residential docks with access stairs. 2. What is your recommendation concerning lakeside deck at either 114 s.f. or 70 s.f.? Should the deck be limited to a specified area or dimension, i.e. 8' x 4' or 32-50 s.f.? 3. New shoreland regulations do not address lighting for security purposes. The only ordinance limitations would be setbacks for structures on lakeshore. If light was placed on dock, LMCD rules would apply. Application #1868 -Conditional Use Permit for Guest House/Caretaker Apartment Refer to Exhibit L. The City has received no floor plans of the residential units within the structure nor has the structure been available for inspection by staff. The areas of the guest house and caretaker apartment have been designated on the survey. The structure is also made up of a greenhouse structure and lower level three-stall garage. The structure is located 58' from the travelled 20' wide public roadway and 3' from the south side lot line. The applicant was asked to file a conditional use permit to allow the continued use of the structure for non-rental residential use by either domestic help or guests. It is staff's understanding that the second floor caretaker apartment is currently occupied. Applicant has no current plans to remodel structure. Zoning Files #1866, #1867, #1868 September 15, 1993 Page 4 The property consists of 13.8 acres and can support the second independent residential unit. The nature of the structure and the existing setbacks suggests that this property would never be subdivided to allow structure to remain as a principal structure. As Weckman's memo notes, septic system need not be upgraded until 1995 or sooner if future repairs require a building permit from the City. Staff Recommendation While major construction is underway, the building and surrounding property has been placed under special security. Staff has asked Kraus-Anderson to arrange for scheduled inspections for Planning Commission members and the Council representative to the September 20th meeting. It will be impossible for members to obtain access to the interior of the main house without scheduling a special time for your inspection. Please contact staff if you are unable to make the scheduled inspection for Planning Commission member. To recommend approval of a conditional use permit for the existing guest house/caretaker apartment unit for the property located at 1400 Brackett's Point Road finding there is adequate area to support a second residential unit and that structure is to continue to be for the sole use of the occupants of the principal building, including their domestic employees or their non- paying guests. Applicant is also placed on notice that as structure is located within a substandard setback that any major structural repairs or expansion of this structure in the 30' required side yard setback will require further review by the City. lsv CITY 0~ ORONO -GENERAL LAND USE APPLICATION -, ----~--------------------------------- PROPERTY LOCATION Site Address £, \·,/):';j () /11 i" l 1400 Bracketts Point Road, o.vbdo, M~ r,t~ Property Identification Number (P.I.D.) 1111723330001" Please attach legal description to application if not included on required su~vey. ------------------------------------------------------------------------- APPLICANT Phone (home) ----------- Name Kraus-Anderson Construction Compaffione (work) (612) 786-7711 Midwest Division Address 8625 Rendov·a Street NE City Circl·e · Pines Zip 55014 --------------------------------------.------------------------------------ OWNER (if different than applicant) Name James and Joann Jundt Phone (home) 471-0299 Phone Address 2200 Huntington Point Road City Wayzata Zip 55391 Date Property Acquired March 1992 (month/year) I (do) (do not) also own the adjacent parcels of land. --------------------------------------------------------------------------- FEES -CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use X $175.00 Institutional (church, school, etc.) $150.00 Guest House,LGuest AoartmentsJ $150.00 Duplex Credit/Bldg $250·. 00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see fee schedule Renewal Fee -$100.00 (no change from original application) After-the-Fact Fee -Double Current Application ~ee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Other - Commercial Site Plan Review(+ consultant Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (POD -refer to fee schedule) Comprehensive Plan Amendment Appeals see fee schedule fees) PRESENT OSE OF PROPERTY Present Zoning District X Residential Present Use of Property ---------Other (specify) ______ _ DESCRIPTION OF REQUEST Describe request in detail: Apartment in Main House ---------·----------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic· survey (existin,g and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll• X 17• OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Properti Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _________________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to ~f his/her knowledge. · Applicant's signature ~~ Date t'°,ZS-.C/3 OWNERS SIGNATURE / The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verififation of this request. { _/ Owner ' s _signature lJ&~wt/2]j J\.(/!s) ~ /;if1'> ~ Date ____ '§ ~ d G4-.:'.:~---- App li cant 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 must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Margaret Kittinger, Beyer, Blinder, Belle-Architects signed on behalf of James and Joann Jundt CITY OF ORONO -VARIANCE APPLI CAT/J '" Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1400 Bracketts Point Road, Orono, MN Property Identif. Number (P.I.D.Rlll723330001 Attach legal description to application if not included on required survey. Date Property Acquired March 1992 (month/year) I (do)(do not) also own the adjacent parcels of land. I ◄ Present use of property: X residential __ other ( specify) -------Zoning District: ------------ APPLICANT Phone (home) --------- Name Kraus-Anderson Construction CompanyPhone (work) (612) 786-7711 Midwest Division Address: 8625 Rendova Street NE City: Circle Pines Zip: 55014 OWNER (if different than applicant) Phone (home) 471-0299 Phone (work) Name James and Joann Jundt --------- Address: 2200 Huntington Point Rd City: Wayzata Zip: 55391 DESCRIPTION OF REQUEST Estimated Construction Cost$ 10,000.00 Describe request in detail: Boat Dock Stairs --------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover __ Lot Coverage _x_Setback: Front Side __ Rear __ Average Lakeshore __ Other (specify) ___________________________ _ --------------------------------------------------------------------------- HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements: ___ _ --------------------. ----· ·--··--------· -·- C.ITY OF ORONO -GENERAL LAND USE APPLICA'l'IQN -,c . --, __ . ---------------------. --.. ----· ----,)1.l-_,-~--,~c·"';c:~~-i:,,=,c••tj} PROPERTY LOCATION .P--/ 3t.., f · /pi=it ~ t; , ·>:«·· >,f -~,;\ "ifit'! fl ... --.,__ ;,:_ _;y Site Address 1400 Bracketts Point Road, drono, MN· Property Identification Number (P.I.D.) 1111723330001 · Please attach legal description to application if not included on required su!vey. --------------------------------------------------------------------------- APPLICANT Phone (home) ----------- Name Kraus-Anderson Construction Compaftione (work} (612) 786-7711 Midwest Division Address 8625 Rendova Street NE City Circie Pines Zip 55014 --------------------------------------------------------------------------- OWNER (if different than applicant) Name James and Joann Jundt Phone {home) 471-0299 Phone Address 2200 Huntington Point Road City Wayzata Zip 55391 Date Property Acquired March 1992 {month/year) I {do) {do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use X $175.00 Institutional {church, school, etc.) $150.00LGuest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see fee schedule Renewal Fee -$100.00 {no change from original application) After-the-Fact Fee -Double Current Application ~ee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Other - Commercial Site Plan Review(+ consultant Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD -refer to fee schedule) Comprehensive Plan Amendment Appeals see fee schedule fees) PRESENT USE OF PROPERTY Present Zoning District X Residential Present Use of Property --------.-0th er (specify) ------- DESCRIPTION OF REQUEST Describe request in detail: Caretaker's House-Apartment ---------·----------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 3 5 0' (you can obtai this list from Hennepin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic· survey (existin,g and proposed contours) if land alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11• X 17• OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _________________ Date _______ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct tot best of his/her knowledge. · Applicant's signature Date g, 'J,.J, tJa OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verifica ion of this request. , I . ,) . Owner's signature 1 1l --------------------~-~-~-~_~1~-~-~-~---~...,_,..l---+_---+-_~_~_~_-_~_-+1-----+---""""'"fffl,-\,\i-" Applicant must have all submittals into the City offices 25 days be ore the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at al 1 scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Margaret Kittinger, Beyer, Blinder, Belle-Architects signed on behalf of James and Joann Jundt I CRIEE~ YUtEES Oi8 TAIACIER LAKE ,~ I I I I I I I 10 ( 10) ~~~t ---- 3 ( 19) ( ( 8) 165 ;\ I/ ~~ ----------~-~ ,••· ~- =·::.::. ~ .· ~ .. ~ .\·: .. \ 4 © ···•'\ ( 17) W\f\\ I "'' ~I I I ~ W\f\\ ... . .... .• : · .... · • ··\ \ ,,, ',•' ' v ' ' ',,t 6 , . .,, ( 1) \ ' ' ' ' . -··· ... \ I ,0111 3 ® - RUN DATE 08/26/93 BATCH 004 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP ADOR OWNER NAME TAXPAYER NAME/ADDR 38 11-117-23 32 0009 01400 BRACKETTS POINT RD JR JUNDT & MARV J JUNDT JAMES R JUNDT BOX l CRYSTAL BAY MN 55323 38 11-117-23 32 0017 01300 BRACKETT$ POINT RD GEORGES PILLSBURY ET Al GEORGES PILLSBURY 4800 FIRST BANK PLACE MPLS MN 55402 38 11-117-23 33 0001 01420 BRACKETT$ POINT RD JR JUNDT & M J JUNDT JAMES R JUNDT BOX l CRYSTAL BAY MN 55323 38 11-117-23 33 0006 01500 BRACKETTS POINT RD MARTHA S & A LACHLAN REED. MARTHA S & A LACHLAN REED 1500 BRACKETT$ POINT RO WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 12 38 11-117~23 32 0010 01265 BRACKETTS POINT RD MICHAEL E L VNN IU & WIFE MICHAEL & JORJA LYNN III 1265 BRACKETTS POINT WAYZATA MN 55391 38 11-117-23. 32 0018 01220 BRACKETTS POINT RD ELLA P CROSBY ELLA P CROSBY 1220 BRACKETTS POINT RD WAYZATA MN 55391 38 11-117-23 33 0004 01450 BRACKETTS POINT RD MARTHA S & A LACHLAN REED MARTHA S & A LACHLAN REED 1500 BRACKETTS POINT RD WAYZATA MN 55391 TOTAL BATCH 004 00010 38 11-117-23 32 0011 01420 BRACKETTS POINT RD JR JUNDT & M J JUNDT JAMES R JUNDT BOX 1 CRYSTAL BAY MN 55323 38 11-117-23 32 0019 01280 BRACKETT$ POINT RD JOHNS .PILLSBURY JR ET AL JOHNS PILLSBURY JR 4800 FIRST BANK PLACE .MPLS MN 55402 38. 11-117-23 33 0005 01480 BRACKETT$ POINT RD R & L HEAORICK ROGER l & LYNN C HEADRICK 1480 BRACKETTS POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF .MY KNOWLEDGE AND BELIEF;J l A I J ·•ft. DATE O\:Jl 'l3Bv-=-I~•_.._., __ ~ __ · '---'-=---- ,-~:.... .. ,,-. . - HARDCOVER CALCULATION WORKSHEET . SETBACK ZONE: (CIRCLE ONE) [□-75'] 75-250' 250-500' 500-1000' Ex! STING HARDCOVER IN LONE --------.----------------- BOATHOUSEA, -~------X ______ = --=l::;_96::..-__ S,F, ' LENGTH WIDTH ______ X ______ = ______ S, F, ______ X ______ = ______ S, F, ___ ___..___ X ------= ------s. FI ______ X ______ = ______ S, F, B, GARAGE ------X . ______ = ------s IF. C, DRIVEWAY _____ X ______ = 20,591 S,F, (Public) ------X ------= ------s IF I D, SIDEWALK _____ X ______ = __ __.1,,l...t.9.J.5 __ S,F, Stone Steps 280 E, PATIO/ DECK ------X ------= ___ ..;;:.5;..:::0 __ s, F, ______ X ______ = ______ S, F, ------X ------= -------S,F I F,lANDSCAPS _____ X ______ = ______ S,F, AREAS UNDERLAIN BY ______ X ______ = ______ S,F, PLASTIC SHEETING ______ X ______ = ______ S, F, ______ X ______ = ______ S, F, G, OTHER ______ X ______ = ______ S, F, TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN Z □NE 0 21,312 •• rolB 4 L::.J 130.38 21,312 S,F, 0 130,384 S,F, w X 100 = --=1=6~. 3=5=--_· % ··--·- .-. . .,. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75 1 .-1 -75---2-5□-,'] 250-500 1 500-1000' ExI sn NG HARDCOVER IN ZoNE --------.----------------- A I • House: ------X ------= -----:::....L.;:;..:: 8,386 S,F, LENGTH WIDTH Caretaker's _H_o_u_s_e ____ x ______ = ________ _ 5,884 S,F, ______ x ______ = _____ _ S,F, _______ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, Main BI GARAGE -------,-X . ______ = ----------------- Caretaker's Garage 1~400 S,F, 822 7,375 C, DRIVEWAY ______ X ______ = -----'---S,F, 2,700 7,340 ______ x ______ = _______ _ S,F, 6,412 229 D, SIDEWALK ______ X ______ = ----------"-S,F, 150 _______ x ______ = _____ _ S,F, x ______ = _____ _ S,F, E, PATIO/ DECK ·1,600.s,F, _______ x ______ = _____ _ 305 F,lANDSCAPE ______ X ______ = _____ _ S,F, AREAS UNDERLAIN BY . ------X ------= ------s. FI PLASTIC SHEETING ______ X ______ = ______ S,F, Tennis Hu1-------X ______ = _____ 1_2_0s,F, Tennis Court 7,200 G, OTHER ______ X ______ = ______ S,F, TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 49,923 S,F, [I] 317,893 S,F, [jJ ·-··--·- 49,923 "-:" w 317,893 X 100 = 15.7 ·% ; --t~,,. ,-. . ... HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75 1 75-250' [250-500 1 ) 500-1000' ExrsTING HARDCOVER IN ZoNE --------.----------------- A,. House:------X ------= ------S,F, LENGTH WIDTH ______ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, ___ _. __ x ______ = _____ _ S,F, ______ x ______ = _____ _ S, F, B, GARAGE ------x· ______ = ------S,F, 5,579 C, DRIVEWAY _____ X ______ = __ .r...;;;...;;..; S,F, 2,790 2,800 ______ x ______ =---=-----S,F, D,. SIDEWALK _____ X ______ = _____ _ S,F, E, PATIO/ DECK ______ x ______ = _____ _ ______ x ______ = _____ _ ______ x ______ =.;._ ____ _ F,lANDSCAPE _____ X ______ = _____ _ AREAS UNDERLAIN BY ______ X ______ = _____ _ PLASTIC SHEETING ______ x ______ = _____ _ S,F, S,F, -S,F I S,F, S,F, S,F, ______ x ______ = _____ _ S,F, G, OTHER ------X ------= ------s IF I TOTAL HARDCOVER IN ZONE ToTAL PROPERTY AREA IN ZoNE 11,169 S,F, m 155 1 515 S,F, ill ill 11,169 : IT] 155 ,SJ 5 X 100 = _ _.;..7.::.:.1;;;.;:8:;...___·% ____ ·- To: From: Date: Subject: Jeanne A. Mabusth, Building and Zoning Administrator Stephen Weckman, On-Site Systems Manager September 13, 1993 #1868 James and Joann Jundt, 1400 Brackett's Point Road -Septic Review As a result of the renovation project for 1400 Brackett's Point Road, the existing septic systems serving the property needed to be verified as code-conforming due to the newly adopted Shore land Regulations. Site evaluation for the property indicates that the existing systems for both the caretaker and main residences are non-conforming due to the absence of a 3' separation between the treatment area and the seasonally high water table. Therefore, the septic system for the main residence must be replaced concurrently with the renovation of the main residence. Since no work is planned at this time for the caretaker residence, the repair of this septic system can be made prior to December 31, 1995 or at the time a permit is issued for any improvements regarding the caretaker complex, whichever comes first. Site evaluation and septic system design have been completed and approved for both residences. lsv soning Dlst;n . .ct: t,a-lA. .auild1no ~g,.aek~ IC SURVEY FOR JUNDT TOPOGRAPH RY JOANNE CENTER -& MA ER AVENUE AND JAMES R~D VACATED BORD ONO POINT 9 & 10. A T OF OR IN LOTS 5. 6. • REARRANGEMEN MINNESOTA COUNTY, HENNEPIN I AVENUE • SMITH'S BAY LAKE . MINNETONKA .. -.... ·._::\_ ..• ,.. . . .. ·: . _-., I':_, :.;• .. :,·. /'.'.'·· ·.• .. :·. \· . {.·/\.:' ::.· !· :,. · .......•. ····•·: ·• ;;. --~ .... -~ ··. . .. _.: -:,.· .... •::•: .. :• . ":-/7.: -._. · ... · ...... ··.'··' ..... ,• ·.,::,·_ .. '~ .\ ·/ ..... ·: .. .... :-. ., .. ·:..· .. •. :noteriols. ~re req'd. arch. finish samples. ··,, p. to have satin brass caver plates :i~ily, repoir JII 1n doors. JS & keyed the S-Orn<:. ·. provide new switch. itting. schedule.. & housings. '----'-......:'---JO"'-, ....... o::oc. . ,...a,-~n.-J< Bronze .na.nq.ran,. ◊ .. ·-. .. . . . ·-.._·.{:. ··.:: ·. ··.· .. MAIN FLOOR -MAIN HOUSE C)IBETAKER'~_APT. SOOT;EIWAYS .. RESIDENCE 14-00 Bracketts Point orono, MN ..--. .- ·-· ... · .. _ .... _ . ·-< " N---+-4--IO' c,,s "'°"-'C£ ti/ lltJCX«:11.AlE~ m. DINING [ill) • I Road . --~ ·---. ~-. SECOND FLOOR -MAIN HOUSE CARETAKER'S APT. SOUTHWAYS RESIDENCE 1400 Bracketts Point Road Orono, MN C[ . - .< ·•.'s :.: .. :. ·'· . 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Yi 11 = I '-DI I LANDSCAPE ARCHITECTS 530 BROADWAY 11 TH FLOOR ' NEW YORK NEW YORK 10012 212 941 8440 FAX 212 941 9436 August 27, 1993 urn KRAUS-ANDERSON CONSTRUCTION COMPANY CON TR ACTORS & CONSTRUCT ION MANAGERS Ms.Jeanne Mabusth City of Orono 2750 Kelly Parkway Orono, MN 55356 RE: Southways Residence Variance Application Boat Dock Stairs Dear Ms . Mabusth: ff;~; f ~t) ~~3\;1</!. ; :>::s~>-. ~~.~]) ~ The following list of items describe the hardship and unusual property conditions for this request: ·nw. 2) No other access to lakeshore is available. 3) The Owners want the stainvay more accessible to the new Pool/Tennis Pavillion House . 4) Due to the steepness of the existing shoreline this stairway is necessary. 5) The deck that is proposed for the lower portion of the stairway is for the placement oflawn irrigation equipment. If you have any further questions, please feel free to contact our office. Very truly yours, KRAUS-ANDERSON CONSTRUCTION COMPANY MIDWEST DMSION Project Manager SAC:rh Midwest Division 8625 N.E . Rendova Str eet, P.O. Box 158, Circle Pines, MN 55014 Phone: (612) 786-7711 FAX: (612) 786-2650 Equa l Opportunity Employer / I / I / J I I "' I I I I I I I I I / / I / I I I / I I I ) I ;·---·;--,~ , / // . y / _/ I )/ / ) ,' ·/ 'fv,' , .. I I , I , I I I / I I I / 1· I I I I I , I I I ---- Southways Residence 1400 Bracketts Point Road Orono, MN < _·. : .. CORAEC~o ;~~~-'c . i -·. ._-. CITY-OF-ORONO-NOTICE:•,., .. ,,,. ,,.1 · .:i:.~ ::;~~~·;."'~~t\r~~-tr·--· ·· · ~.::_~--~ ·· ~ ·~ Jhi! -;:P1anni_ng~C]:>mni!ss . olcl , public. he~l ng~,l rJc;!be ,~u~b,91'!aJt1bet s/,a_1J 2780 Kelley Parkway on Monday,',September! 20.,1993. ~p,p .m. fo r..the p_u_lP!)se o.!J!!vi_El!"in9,J the }ollowing:land use applicanons ;'::':-i."'."'J • •-::,f _1 :~#18_5 1,.:f[OY: 'A [de~sor{of.~1490-~L'o ifg i Lak~ .,Bo"'lev,iifd;.s,eei!-5 ::BP,proval.i,o f,,side,.iniljd rear;setback vaiiances ,fo,,aarana · ;stall garage acldi,tidiiil~Jf.~~1N,'jf;.~ lr,, JF. · -;j 1'-;.2:'#1855'Pau~E.;;Bowmim:of o ... Shore lJ'~ve::seelii ,approv af ot .asioes ·eioa.&·1 va. riance . to;al.low,ifie;imitallatioii.'o~:secondj floor.._over the existing'slngle story residence.·.:; , --'[,-3. #1856 Mark.-&'.k,nriy~ Prueter of 32.15 Crystal Bay Rpad ;0 seeks· appro_val of a _height, average .la~~!lhore_~setba_ck,.:rear..,._aryd~sideI setback· variances ·and hardcover.:variances for a rear· a·cMitiorr : to '.itie 'existing :residence and the installation. of a third story where only , two ·and half stories are ·a11owed· within the ] residential zoning,_~i~trict',Th_e _ fi~<!l ,:S~cture w1ll:not exceed -the •allow~:burl_d1ng :he19ht of . 30'· .... ~· ·,-:·-::.~~~t"!!:f"~•lr:_""':'--~:;~?.-_,_-,.:;.•~-~-· -~~'....! -• . .-( 4 (#1857 -::i~s?tl} stio'sbii·~J t 2~·23 / Casc o .. Point ·· Road ,'.seeks , apiiroval . of hard,~,ver;,.~hd .~id_e· s,~IQack 4-1/ijl_rianc:.ts_,Jor. '_a , propo_s:e<U 2x 1 8 !;. a,l!d_100111 to_ the: .Ja1<:es1d e . o [1 the residence and an adjacent 12x21;·dedu ,,,! .. , { .5.-'#1858 ,~ohn &-Ma!laMeridith"ilf 3685) Watertown .Road :' see·kc approval: of' an area·! variance for an indoor riding arena at 4800 s.t .,! considered an, oversized accessory strucfure 1 v,,here the -code .will ' allow only . a 3000 s .Ll structure. T he .applican,ts ·also. seek approval ' for an area -variance to·the. total allowed area for accessory · stru.ctures16ri a property that exceeds 9 -acres in ·area.·~~,:, •. -·.•. --~.: v .·.: ! 1 6 i,#1859 Jeffrey ·01 Mueller of 222 1 Bederwood Drive ;' seeks approval of a · side , setback ·liariarice · and .-a ·variance thanvould ' allow a deiached · structure to be located in I front .of the •principal..,srrucrure in ·tlie street ' yard. l;he'_r,ew g~age·wij r replace .-an existing,; gar_age ... ti ~2-.Ut ::,,. -.~· >::=.::··:J/~:t;._::.;.~ ... ,_ : .. ~-·.;;,C" .. ~:~:i ~ ... J ; . t,]:.•,;~#1860 '~eJr11~;.H • ..,.~cK1!!ney, 35~9 I L1v1n9ston -:Avenue -'.has,. applied ·<tor i:a ; Conditional .use Permit that would.allow the : continued use o (the\residence as a duplex,! where_ onfy •-single-··family · res idential use is , . allowed : ThE1 . .rental ,use of the prope rty· has • ··existed prior to the." c~rrent zoning and . is I ,considered ·a rion:conforming use. ..... .. ... I ,. f,~" 8 . #.1861 .,Jeffrey s ; leech of 720 Northj ,Arm,Drive: seeks approval of hardcover, front , I ·and. side setback , variancesa to .allow ,the _installatiort o f a' iiew}ouriclation io r ari existing gar~ge,.1ocat9?\Wit_h.if1., t~.t ~.treet"·Y.~rg; ~f -~ l~est,ore property,:,-.. 1~---;,,..::~F_,.:,.,,:.~•. -;!.,: .. .,;_., :-,, '"-i--9.• .. #1863 ',Robert •~Luesse , of; 3249 Casco. Cirde-has -.f iled an amended -variance application•·seeking;;-approyal-of-:ca :..garage- addition:'that:"would, be .loiafed 2•4-from the side' lotF;linei ra\he!~th a~~:i a~;o ~igin,ally proposed lo the .C1ty.,,;; .'-:,·-v.,-c(· ·-~_:.,; • .-;:: .• :-f:>, . · ;. 10.·.#1'864 lf!Vin .Jacobs_ the -owner-of 1700 Shorel ine Drive applied for a _Conditional Use . Permit '.to >'allow the :construction of .a caretakers '·residence .. at' ,his., residential p roperty. ,-. ," .·.•·,: .. :-.:_,_ >,;' ·::-,;.?,.·:.. ~... . ,;, ~ 11 .,:._#18\>5 .,pav1d ,_pwen.,of. ,2248 Shadywood Ro~d .. seeks _approval of .side and stre et setb ack variances lo allow:s1ri.Jc tu·ra 1 repa irs to an exis ti ng ·garag e loca tecl withi n the syE!el yar_d qt,th e, 1.akes~orl'! pr_operty.; ,,j '.i."J.,>: '1>,c',.J ~,.Jarr,es,,an_d. .)9anry_;:Jil_n91 _ the _cur ~E!m, owners of 1400 Brackens_ P.oint Road have appJ.led for the foll~ing la1)4,l./se:!iPPlicati9ns~ · -· '. ,· ~,'#1~6 Apph~n~ see~ap·Pf.ovsil ,p(;'!t C(!ndJt19naj< -.Us~,.-,per111 1fl.., fo~-,~!i\.Cl:\r~take(, apar.t_rn!l,~L '."l l ~\n ; tJP 9;; ,aepc~, ~Y}JC~~8 .. ·~:.1~~t~~~ ~::~t:: . :t~~A . _ · #1867!,'The ap ts-nave.ap~red .-fo r; . . _ ,·-.,. -•~-.' •·,• ·A<a1" • d·,;-;.;;,_,_ .. -;·,. ~ ..._ .• ·1"" 'f~~15'•#1873'Jai:k: Edwards •of'1340 ·Res e-se =-an ,,,cu......,ver .var1ances , o ,,,.~,-, •. . . . . ...... · · · ' · -~ tai '~ ·· · .. •· ' P.'oint-S irc!t;".s~approyal of hardcovef 'aod ttli'.e .-~-_J,~,,. 1 sJi;e1-j_e'ilSick'fa'iiances.'for .~dditions io tl]e -~ ·A,jpllc!an is.ifti.at e. a . ' ' ~i tt1!'l \tJe,,str.~~tYill'd,; C . ,se, erniit.to allow.'a 'g'uest e-ak . ,~t.,,,_:..;·'l',','6,·~'i-'~-, · ·~ ,~·-• ~-:¾.~-'·th •·.·-~.d -....:.-· ··' 11:'i . Ing 'to •be--tiearck wrll use -..,,conunue .ort, &,res, en "'!f.;.e.r~ . . . .. . . . .... • ..... -.~.,~?{3f~1'ai~'Fepi,~i~~ . ·!~1~~J~JIJi rtten•• ~ .1·18S'1,.l'v,,-'S1reets~ ap"'"""'·a fr' 'et · ·i • •"' · · ~. ·"' '· -se ttjai~~~ ;!q,_a ~1 <1i2°~~i!i . . .... O l'EIVll!W/ of~app, e ldsting ,, gara eHo ' e n resl -~ a~p~- har,f ,se""· ~ !~!19.at: Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath , says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws , as amended . B.) The printed /Jm/; 1/Jdf} #u!) which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: the and was thereafter print d and published every Monday, to and including Monday, the ___ dayof}7 ✓.j" 7 ~19 __ ; ~ . ' Authorized Agent · Subscribed and sworn to me on this /.3 f1 day of l}~r) , 19t/J__. By : KRISTI HOL M I NOTARY PUBLIC -MINNESOTI\ · HENNEPIN COUNTY · My commission expires 7-10-97 .~ Bate lctocm.atlQo ~..:-- (1) Lowest classified rate paid by commercial users for comparable space : $10.76 per inch . (2) Maximum rate allowed by law for above matter: $10. 76 . (3) Rate actually charged for above matter: $5 .98 per inch. Each additional successive week: $4.12 . -i'7-~ .. ~--:,:--·-.. ,:,,.., ...... ~ v,·~1~•~· .}'t:·~ ~-!r.!-~-...c,,t!1_t-\e-.~·••••k ;.::r,•-· • ..,_-.. ~•'-".~Ii-;~. 't-;_'i.• •. ..,'"'•··•·~-..:;-,, CITY OF ORONo' '."t~OTICE·• ,;;,-;.:\ ,, :·.l"-:i, · .,.~ ,u;•. • lakes ho re property. ··.,. ;', • ·. · t• -", , · ·, . ,::, ·:., · . , • ,~. · · ·:·'' -· ~ •. 9. #1863 Robert G.-Luesse of 3249 : : The Planning Commission will ._hold . , Cas~ ~i.rc!e has_ filed~ amended ,variance _ public hearings in the Council Qhambers at :, app!1cat1on seeking approval o! .a garage_ 2780 Kelley Parkway on Monday, September i·•. add1t1on that would be located 2 4 from the 23, 1993 for· the purpose of reviewing tre . \side lot line _ra(her, than 3' ·as _originally following land use applications:·-;. ;.,..;., ,; t,~'\.· ·,;'1:no??se_d _to the ~1ty .. ~ . .,.. ·t• ·"t·':,· .. ;,,;_:..;:~ ,J ''-" 1. #1854-Troy Anderson of ·1490 Long ·, ,~n•,-..,10,,#18~-lrwm_Jacobs th~ OWfler. oJ Lake Boulevard, seeks approval · of side and · 1700 Shoreline -. Driver . apphed : for · a rear setback variances for.an attached 2-stall Conditional •'Use · Permit to .. allow · the !garage addition. · _ · .. 0 • • • : :-·co~strui:tion of a care(akers residence at hi s, .;. 2. #1855 Paul E. Bowman of 34S8 North res1dent1al prope~. ··.. · · · • ' ,· • ::· - Shore Drive, seeks approval of a side setback '.:':T-•J" :11,.:-s-111865 :.D<1,yid . Owe_n o_f ·:2?48 Ivariance to allow the Installation of second _ .. ~-S~adywood Ro(ld se.eki(approval of side arid , floor over the existing single story °residence : .. · · street setback variance:i to....allow .. ~tructur.a l 3 . #1856 Mark. & Jenny Prueter of 3215 -repairs to an ex isting garage locafea wi thin th ~. Crystal Bay Road, seeks approval of-a height, .... street yard of the lakeshore property. · -. average lake shore setback, rear . and side , '.12 . James and Joanr:i .. Ju_ndt the currei:1t setback variances and hardcover variances owners of 1400 Brackets Point Road have 'for a rear addition to the existing °residence .,.· applied for the following land use app li cations : and the installation of a th ird ·story where only • a. #1866 Applicants seek approval of ~ two and half stories are allowed within the Cond itional Use permit for a caretake r) residential zoning district. 'The final structure ,:apartment,._within the existing ·. res i dence' wil! not exceed th_e _ allowed· b_~ildi!1.9 he,ight of .,L S(.~£tur~; ·,,,-.,~., ._ • . • ·. ; . · ~1 30 .· · • . ,, •, "~·"· --=~, -:= , • , .. ·.-b. #1867 The applicants have applied for · 4. #1857 James L. Stinson pf 2623 lakeshore setback and hardcover variances '] Casco Point Road · seeks approval of allow a second access stairs to the lake wher~ hardcover and ·side setback variances for a only one stair structure is allowed · ·,. proposed 12x18' addition to the lakeside of ·· c. #1868 Applicants . have filed a the residence and an adjacent 12x21 • deck . Conditional Use. Permit to allow a guest house' · 5. #1858. Jcihn and Marla Meridith of use to continue on the residentiaf property. i . 3685 Watertown Road, seek approval of an · 13 . #.1870 Stephen and Randi Carlson oh area variance for an indoor riding arena at 1185 Arbor Street seek approval a fronVstreet I 4800 s.f., considered an oversized ·accessory . setback variance for a 10x24' addition to the / structure where the code will allow only a 3000 · existing garage 10· the north side of the I s.f. structure .. The applicants also seek residence . · · . · · · · approval for an area variance to the total 14 . #1871 Taylor/Lauer Homes seek j allowed area for accessory structures on a approval of an average lakeshore setback and property that exceeds 9 acres in area. hardcover variances within the. 75:250 .,, 6. #1859 Jeffr~y D.-.M!,Jeller _of . 22~ :-setback area for ·living room, screen porch, Beder:wood Drive, seeks .approval of a ·side -: ·and garage additions to the ex isting residence setback variance and a variance that would ··"·Iocated at 1725 Sohns Point Road . ,; . ·, . 1'· allow, a detach_ed ;;;tr1.1cture .to ~e located in.;;: .. _ ::,,15 . #.1,873 Jack EQwards of ,1340 Aesi front -of the ,pnnc1pal.-structure ,1n the-·street ;:.,A .Point'Circfe,seeks approval of hardcover and · yard. The riew gai'age will replace an existing :··· street setback variances for additions to the garage . ....-..~-_-.,.;.:· • •:=.;..,~;;;:_:'"..;..,--:-,-•existing g(lrage )ocated _within ·tl'J ~![~e!:Yard ::. 7. #18~0 •. Zelm~ H .. McK1~ney, ,;3~99 ;. _of _the lakeshore property_:;;:.~,e';...et:.: a<'.:•"'":'? L1vm11ston ... Av.enue ·.:.has .• ,_apphed -...to ~ ·, a .\ ,t_;, ✓·,,:: All , persons .,wishing to b!!:"heard lwill Con~1tional Use Permit ~at would allow the -!'· appear at this time . Written comml!nts'-"are connnued'·us~ of the re_s1denc~ as _a ~~plex , .·_solicited .Plans.are available in ·the City offices where only single ·fam1ly res1dent1al ,.use Is .. ~for review;by appointment. •t ·l:· -. :,-,.,;· J all?wed _ T~e _.rental use . of .the property has : · '.:.1s. · .v··, ;: '·:·::·: · .. , _ . ;-·. ;·: '".;.:-;:·;.·..,,?\.. t ex1st_ed prior; to -the cur~ent zoning and I_s ·.,City of Orono <".· • · .• •. _ ., .. · :'.'. cons idered a non -conforming use.• • -, . -By : Planning Commiss ion · ' .· · · •. • .. :- 8. #1861 Jeffrey ,S : ~eech of 720 North /_,., .,,r . .-·-, ... , . :··· 'Jeanne A. Mabusth, Arm D(ive seeks approval of hardcoVer,,front,': · -!: _ )f/::::-.:._,/' ::·:_Bu il ding & Zoning Administrator. and side setback 1var1anc_es to allo"". the ,:o:/5'',·:!, .':};-·• .•, ·;,;· .-:.; .: •. •.7-,;_,:~ .... -,·.: .· in sta ll ation of a new f?unda uo,:i for an . exIst Ing . (Published in The La ker and Pio ne·er Sept. 6, garage located within the_ s_tre,et yard of _a _ J993) · ;--·'.· ~-~ , •. · · ,,. ' ·, ... , ·. • ,, .• , ·. ~,: • ~••-::. ·.:.,;:I,,•• ~L .-.1_., . .-.=_ ,.::,,_ 11•.-• ;:\..-• .v;,, .... l 1.:-~ •&. .... ~ .. ••··•"•+!-,~,:;.-~.t:.!.T·':"•,:•:r .: • .. t .. !_,,.. T• Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. 8.) The pr;nted /4ur/J YJ/) 1/f~ )_ which is attached was cut from the columns of said newspaper, and was printed c,!nd published once each week for / successive weeks: It was first published Monday, the ~ /ii day of ~/ 19 qJ, and was thereafter prin; and published every Monday, to and including Monday, Subscribed and sworn to me on this By : ..J..---------NE~,-.,F'\lblic NOTARY PUBLIC -MINNESOTi\ HENNEPIN COUNTY . ~~°f'Pl1m'ffl~tf~1f 7-1~97 ~ KRISTI HOLM (1) Lowest ~lassMed l":ite p'afa By commefdar users for comparable space: $10. 76 per inch. (2) Maximum rate allowed by law for above matter: $10.76. (3) Rate actually charged for above matter: $5.98 per inch .• Each additional successive week: $4.12. .... -...,.,, ~ --,;--~::,,--:e-~! ~• ''T"' ,J,...."""l"J, ,r,.. ...,.-r, . ·-· :},.. ;;:_~_. w,:-; -;-:rr{ OF ORONO. NOTICE ·< ·· · · ;;·,. · ·' -·1•1 ••• lakeshore property. •· · : .. t,,\ '·11, . -·. . , . ' •• .. \::'' , , f ,, 9. ~1863 Robert G.' Luesse of _3249 ; ·' The Planning Commission will · hold , Casco Circle has filed an amended variance . ,ublic hearings in the Council Qhambers at i·. appli~ation seeking approval of a · garage ; '780 Kelley J>arkway on Monday, September .: add1t1on that would be located 2'4"• from the '3,•'1993 foqhe purpose of reviewing tre ' : side lot line rather. than 3' as originally ·.i llowing land Ilse applications:,·. \ ~ · i 1 :,~ ·,i,· pro119sed to the City. 1 ,_. · · ~ ··" .'. i. ·1 .,, ,i;i1'! #1854 ~Troy •Anderson ·of 1490 Long -1 -' '' 10. #1864 " Irwin Jacobs the owner of. ake,i Boulevard ; seeks approval · of side and : '. 1700 Shoreline Driver , applied . for a ~ar'setback variances for an attached 2-stall ! Conditional •Use '. Permit to ··allow ' the 1arage _addition .,.,,,,· _-··' · '. ,;/,.-;. •'--,,,;,{ ·,, >-.co~stru~t ion of a caret~kers res id_enqe at his j -~ 2. #1855 Paul E. Bowman of 34S8 North , res1dent1al property. ' · ; · ., :horeDrive;seeksapprovalofaaldeaetbackl~•,·;, :' 11 :-,-n1865 ·1 Davld ' Owen of 2248 , arlance to allow the Installation of second .'"' Shadywood Road see~s ·approval of side and : ·oor over the existing single story · residence : • ' street setback variances to allow structural ' · 3. 1#1856 Mark & Jenny Prueter of 3215 ' repairs to an existing garage located within the: :rystal Bay ,Road, seeks approval of-.a height,'.:: street yard of the lakeshore property. • ·,· •vetage·' lakeshore setback, rear':and side -I '· ,· ,.12. James and Joann Jundt the current ettiack"variances and hardcover,.variances .: ,.owners of 1,400 Brackets "Point Road have Jr a rear addition _to the exlsting ·i'residence/~~; appl_ied for the follow ing land use· applications :< nd the installation of a third ·story where only ,. • ·: a . #1866 App li cants seek approval of l! .v o 'and,I half.' stories are·: allowed within the ' · Cond it ional Use permit · for a . ca retake( ·1sideritial zoning distrlct.'The •final , structure·•-~;apartment., .. within the existing ', residence 1ill not exceed the allowed· building height ol :''i'. structure . · '" ··' '· ':•, . --' -·. · ~- ·o•.,;,;.'·,f ''. ·, ,,,· '" , 1 ·,,;"<t~,\,;-lJ;, ·, •· '.l¼,. ,, •· b . #1867 The applicants have app li ed for 1 •J· 4 .-#1857 James L : Stinson of -2623 : lakeshore setback and hardcover variances to · :asco . Point Road ·seeks '· approval · of ,, allow a second access stairs ·10 the lake where ' ardcover 11nd ·side setback variances for a · only one stair structure is allowed , •,", roposed ,12x18' addition 10 · the lakeside of · ' · c . #1868 Applicants have filed a , ie residence and an adjacent 12x21' deck ., Conditional Use Permit to allow a guest house ' 5 . #1858-. John and Marla Meridith of use to continue on the residential property. · 685 Watertown Road, seek approval of an ·, 13 . #.1870 Stephen and Randi Carlson of , rea variance for an indoor riding · arena at ,. 1185 Arbor Street seek approval a ·fronVstreet 800 s.f .1, considered an oversized ·accessory ·'_,. setback variance for a 10x24' addition to the lru~ture where the code wi_ll allow only~ 3000 ;, exi~ting garage . to· the . nof!h. sidEi . of .. the .f. structure. -The applicants · also seek• · residence. · ·' • ·r • · . · · · ! pproval for an area variance to the total • · 14 . #1871 Taylor/Lauer Homes seek ll owed area for accessory structures ,on a \.• approval of an average lakeshore setback and roperty that exceeds 9 acres in area. · hardcover variances wi thin the · 75-250' · 6. 1#·185~' Jeffrey D., MuellElr of ,-222 '!• setback area for living room, screen porch, 'edecwood _Driv~, seeks approv.il of a side ·• •,. and garage additions to the existing residence etback variance and a variance that would · 1ocated at 1725 Bohns Point Road ll ow a detached structure to .be ,located In · · 15 . #1873 Jack E(lwards oi .1340 Rest ont 'of1the··.principal" ·structure · in the · street '', ':_;"Point Circle seeks approval of hardcover and ard. The riew garage will replace an existing • street setback variances for additions to the arage i;----~1, •.. ,;-· .. :.e:. : , • ·-:-1 ...... ~ .· '~·.existing garage located within lt)e .street yard .. · 7. #1860 . Zelma H . McK1~ney, 3599 -,. of the lakeshore property : ·· ' ·'· · · ·. 1vmgston • Avenue . has · ,applied for : a , i' · All persons wishing to be ·heard will :ond111onal Use Permit that would allow the ,1 appear at this time. Written comments are '.J ntinuect us~ of the re~idence as _a ~upll!x , · , solicited. Plans are available iri the City offices •here o,nly single family residential use 1s , for review, by appointment. · ' · • ll owed.:;-Jhe.rental use of the property has ·· ·· • ' • , . . .· . · · xist!!d prior>to -the current zoning and is ;. City of Orono . · ons1dered a non-conforming use . · , ' By : Planning Commission 8 : #1861 Jeffrey _ S. Leech of 720 North , . Jeanne A. Mabus th .rm Drive seeks approval of hardcover,.front, · ,. ·· · ~ · •. Building & Zoning Administrate; nd .side t setback~rvariances., to•. allow the , •: .. , r t ·· -1 · · · :· ·, , , .. ' • istallation of a new foundation for an existing · , (Published in The Laker and Pioneer Sept. 6, ·arage !ocated )Vithi~ the s_treet yard of a , , 1993) · · · · · Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below : A .) The ne~spaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed ~gd)_ /lj}/}_ rt•~) . I which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: and was thereafter printe and published every Monday, to and including Monday, Subscribed and sworn to me on this CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1866, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 3rd day of September, 1993. Ja~ CITY OF ORONO -NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 23, 1993 for the purpose of reviewing the following land use applications: 1. #1854 Troy Anderson of 1490 Long Lake Boulevard, seeks approval of side and rear setback variances for an attached 2-stall garage addition. 2. #1855 Paul E. Bowman of 3458 North Shore Drive, seeks approval of a side setback variance to allow the installation of second floor over the existing single story residence. 3. #1856 Mark & Jenny Prueter of 3215 Crystal Bay Road, seeks approval of a height, average lakeshore setback, rear and side setback variances and hardcover variances for a rear addition to the existing residence and the installation of a third story where only two and half stories are allowed within the residential zoning district. The final structure will not exceed the allowed building height of 30'. 4. #1857 James L. Stinson of 2623 Casco Point Road seeks approval of hardcover and side setback variances for a proposed 12x18' addition to the lakeside of the residence and an adjacent 12x21' deck. 5. #1858 John & Marla Meridith of 3685 Watertown Road, seek approval of an area variance for an indoor riding arena at 4800 s.f., considered an oversized accessory. structure where the code will allow only a 3000 s.f. structure. The applicants also seek approval for an area variance to the total allowed area for accessory structures on a property that exceeds 9 acres in area. 6. #1859 Jeffrey D. Mueller of 222 Bederwood Drive, seeks approval of a side setback variance and a variance that would allow a detached structure to be located in front of the principal structure in the street yard. The new garage will replace an existing garage. 7. #1860 Zelma H. McKinney, 3599 Livingston Avenue has applied for a Conditional Use Permit that would allow the continued use of the residence as a duplex, where only single family residential use is allowed. The rental use of the property has existed prior to the current zoning and is considered a non-conforming use. 8. #1861 Jeffrey S. Leech of 720 North Arm Drive seeks approval of hardcover, front, and side setback variances to allow the installation of a new foundation for an existing garage located within the street yard of a lakeshore property. 9. #1863 Robert G. Luesse of 3249 Casco Circle has filed an amended variance application seeking approval of a garage addition that would be located 2 '4" from the side lot line rather than 3' as originally proposed to the City. 10. #1864 Irwin Jacobs the owner of 1700 Shoreline Drive applied for a Conditional Use Permit to allow the construction of a caretakers residence at his residential property. 11. #1865 David Owen of 2248 Shadywood Road seeks approval of side and street setback variances to allow structural repairs to an existing garage located within the street yard of the lakeshore property. 12. James & Joann Jundt the current owners of 1400 Bracketts Point Road have applied for the following land use applications: a. #18 66 Applicants seek approval of a Conditional Use permit for a caretaker apartment within the existing residence structure. b. #1867 The applicants have appli~d for lakeshore setback and hardcover variances to allow a second access stairs to the lake where only one stair structure is allowed. c. #1868 Applicants have filed a Conditional Use Permit to allow a guest house use to continue on the residential property. 13. #1870 Stephen & Randi Carlson of 1185 Arbor Street seek approval a front/street setback variance for a 10x24' addition to the existing garage to the north side of the residence. 14. #1871 Taylor/Lauer Homes seek approval of an average lakeshore setback and hardcover variances within the 75-250' setback area for living room, screen porch, and garage additions to the existing residence located at 1725 Bohns Point Road. 15 . #1873 Jack Edwards of 1340 Rest Point Circle seeks approval of hardcover and street setback variances for additions to the existing garage located within the street yard of the lakeshore property. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission L e A. Mabusth, Building & Zoning Administr To be published the week of September 6, 1993. CITY 0~ ORONO -GL.1.'t..C.J:<.A.u .l.u-o. .. l'W U0J.:, .n.1:'J::l.J..LL.A' .. L.LU.:-; ___ • _ _:_,________ .;; <ll-/_ -. -----~11'"'-ij--;;,_,.;y:1 ---:_:o;-~-::-::;--/7-)\ PROPERTY LOCATION v/OC£1f:I? . · e:+ (1 (⇒. ___ ;) ;1:· .. "~=::, v..· r.;~•~ ;',:J . · .. ::. ~:.,. ~-:::.····· J,·\ site Address 1400 Bracketts Point Road, or6l~, MN&( (,,_-~;} \U:~1 Property Icentification Number (P.I.D.) llll72333000l· Please attach legal description to application if not included on required suFvey. . .. --------------------------------------------------------------~-------~~· APPLICANT Phone (home) ----------- Name Kraus-Anderson Construction Compa.ffione (work) (612) 786-7711 Midwest Division Address 8625 Rendova Street NE City Circle.Pines Zip 55014 ----------------------.------------------------------------ OWNER (if different than applicant) Phone (home) 471-0299 --,---------- Name James and Joann Jundt Phone Address 2200 Huntington Point Road City Wayzata Zip 55391 Date ·Property Acquired March 1992 (month/year) I (do) (do not) also own ~J:he adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use X $175.00 Institutional (church, school, etc.) $150.00 Guest House_,LGuest Aoartmentsj $150.00 Duplex Credit/Bldg $250·. 00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling -designated wetland or floodp_lain Grading and filling -101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see fee schedule Renewal Fee -$100.00 (no change from original application) After-the-Fact Fee -Double Current Application ~ee OTHER APPLICATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Other - Commercial Site Plan Review(+ consultant Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (FUD -refer to fee schedule) Comprehensive Plan Amenc.ment Appeals see fee schedule fees) Present Zoning District Present Use of Property X Residential ---------0th er ( specify) -----------------------------------·~--------------------------------------------- DESCRIPTION OF REQUEST Describe request in detail: Apartment in Main House ---------·----------------------------------------------------------------- REQUIRED SUBMITTALS . 1. Completed Application Form. 2. Certified Property Owners List of owners within 3 5 O' (you can obtai this list from Hennepin County Department of Finance A-603 Governmen Center 348-3271). 3. Plat Map. 4. Certificate of survey (signed by a licensed surveyor). 5. Topographic· survey ( exi stin,g and proposed con tours) if 1 and alterations involve changes in elevation (grades). 6. Construction plan, if applicable (see staff for requirements). 7. As an addendum to this application, please attach· a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll• X 17• OR SMALLER) FOR ALL DOCIJMENTS SUBMITTED. ------------------------------~-------------------------------------------- The applicant and Properti Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete Initials of Clerical Staff: _________________ Date _______ _ ---------------------------------------------------------------------------· APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the infonnation supplied is true and correct to ~~t! his/her knowledge. · Applicant's signature ~ ~ Date 8'°,Z.S-.C/3 Ow-:NERS SIGNATURE / The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and vercJjffation of -this request. { ,) Owner ' s _signature ~~libQ}1v M& ~ /1/tb(t1ckf d;, Date----§ VJ_~+ qJ 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 must be present at all schedul 7 d review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have.an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Margaret Kittinger, Beyer, Blinder, Belle-Architects signed on behalf of James and Joann Jundt Kraus-Anderson Construction Company Midwest Division LETTER OF TRANSMITTAL 8625 Rendova Street N.E., P.O. Box 158 Circle Pines, MN 55014 Phone (612) 786-7711 / Fax (612) 786-2650 To: Ms. Jeanne Mabusth City of Orono P.O. Box 66 Orono, MN 55323 Gentlemen: Date: 8/27/93 Job No: 7848 ---------- Re: Southways Residence 1400 Bracketts Point Road Orono, MN We are sending you _x_ Attached _ Under separate cover via ____ the following items: Prints Plans Samples Specifications Shop drawings Copy of Letter X Other: Copies Date No. Description 1 Condititonal Use Permit -Main House/Caretaker's Apt. 1 8/24/93 Check in the amount of $150.00 5 Main Floor plan -Main House Caretaker's Apt 5 ' Second Floor plan -Main House Caretaker's Apt 5 Certificate of Survey/Topographic Survey These are transmitted as checked below: For Approval X For your use As requested For review & comment FOR BIDS DUE: Approved as submitted Approved as noted Returned for corrections Returned as requested Resubmit _copies for approval Submit _copies for distribution Return _ corrected prints PRINTS RETURNED AFTER LOAN TO US REMARKS: The Certified Property Owners List of Owners within 350' and Plat Map will be sent by Messenger this afternoon, Friday, August 27, 1993. Copy to: ___________ _ Sign e d ,__: ---"'S'"""c_,,_o t"""t_,_A-"!... --=C:.!...:r a::C..,wC!...f=o:.!...:rd:::.i.,_,_P_,_r""-Jo i~e~ctwM~a.!.!.n a~g:;i..!e""-r __ If enclosures are not as noted, kindly notify us at once. / / / I / I I / / I I I I I I I -~-; I . I I I / / I I I I / / ' I I I ---.. / I I I / I I I I I I I / I ;--,',.......,___ I / I I ;· Southways Residence 1400 Bracketts Point Road Orono, MN 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 1 icense 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 to review private data on yourself. 6. Your full name is required to process this application or permit. Gary D. Benson First Middle Last Kraus-Anderson Construction Company, Midwest Division 8625 Rendova Street NE Address Circle Pines MN 55014 City State (612) 786-7711 Phone I understand my rights as stated above. ~~ sir-ature ·.., RIGHTS OF SUBJ'ECTS OF DATA =-\ " Subdivision L Type of dB.ts.. The rights of irlcividu~ on whom the data is \ sto~ed or to be stored shall be es set forth in this section. . . · Subd. 2. Information required to be given individua.L An.individual, esked to · supply private or confidential data conce..'"Tiing himself shill be iniormed oi: (a) the · purpose and intended use of the requested. d.e.te. witi.in the collecting-state agency, political subdivision, or statewide S\"Stem; (b) whether he mav refuse or is legally required to supply the requested date.; (c) any known conseau~nce 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 l!'!.w to receive the datE.. This. requirement shall not apply when an individual is esked to supply investigative data, pur~uant to section 13.82, subdivision 5, to a law eniorcement officer. The commissioner of revenue ms.v olace the notice :reauir-ed · u11der this subdivision in the individual income tax or orooertv tax rerund instructions instead or on those Iorms. Subd. 3. . Access to data by inc:livicu.al. Upon request to a responsible authority, an individual shall be informed whether he is tJ'1e subject of stored dat~ on individuals; and whether it is classified es public, private or coniidentiaL 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 Se informed of the content and me.!!.n.ing of that data. Aite: an individual hE.s been shown tJ'le private data and informed of its me.ming, the ca.ta need not be disclosed to him for six months thereafte.r unless a dispute or action. pu..--suant to this section is pending or additional data on the individt.Utl hes been collected or created. The responsible authority shsll provide copies of the private or public data upon request by the individual subje::::t 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 shell comply immediately, if possible, with any request made pursuant to this subdivi..sion, or within five days of the· date of the request, excluding Saturda:-,1S, 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 addition.el five days within which to comply with the request, excluding-Saturdays, Sundays and legal holideys. Subd. 4. · Procedure when data. is not a~te or e:,mplete. An individu:.e.l may contest the accuracy o: completeness·of public or private ceta concerning himself. To exe.rcise this right, an individual shell notify in writing the responsible authority desc:-ibing the nature of the disagreement. The respoI".s...ble authority shall within 30 days eithe:-: (a) correct the data found to be inaccurate o:-incomplete and attempt to notify past recipients of inaccurate or incomplete da~ including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data. in dispute sha.11 be disclosed only if the individual's ~~tement of disagreement is included with the disclosed data. The determination of the responsible at.rt.'iority may be appe.!!.led pursuant to the provisions ~f the administrative procedure act relating to contested ceses. ,,-. . .,,. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) [□-75'] 75-250' 250-500' 500-1000' Ex! STING HARDCOVER IN LONE --------.----------------- BOATHOUSEA, -~------X ______ = --=l::<...96~--S,F, LENGTH WIDTH X ------= ------s IF I ______ X ______ = ______ S, F, ___ _. ___ x ______ = _____ _ S,F, ------X ------= ------s IF, B, GARAGC: ______ X · ______ = ______ S, F, C, DRIVEWAY------X ------= -=2 __ 0 ...... ,;;::;..S;:_91:;;..__ S.F. (Public) ______ x ______ = _____ _ S,F, D, SIDEWALK _____ X ______ = __ __...l-9_5 __ S,F, Stone Steps 280 E, PATIO/ DECK ______ X ______ = ___ ..:::5;.::::0 __ S, F, ______ X ______ = ______ S, F, ------X ------= .;..__ _____ -S. FI F,lANDSCAPE _____ X ______ = _____ _ S,F, AREAS UNDE.=tLAIN BY ______ X ______ = ______ S,F, PLASTIC SHEETING ______ X ______ = ______ S, F, ______ X ______ = ______ S,F, G, OTHER ------X ------= ------s IF I ToTAL HARDCOVER IN ZaNE ToTAL PROPERTY AREA IN ZaNE 0 21,312 •• rn7B L::.J 130.384 21,312 s.F, 0 130,384 S,F, ill X 100 = --=1=6-=-• 3=5:::....__· % ··--·- ,,,... ..... HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' -]-75---2-50-,~] 250-500' 500-1000' E.xISTING HARDCOVER IN ZONE A. . HousE ------X ------= ----=-.&.=.: 8,386 S,F, LENGTH WIDTH · 5,884 Caretaker's _H_ou_s_e ____ x ______ = ___ ...._ __ S,F, ______ x ______ = _____ _ S,F, ___ _, __ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, Main 1~400 B, GARAGE -------X · ______ = ___ __ S,F, Caretaker's Garage 822 7,375 C, DRIVEWAY _____ X ______ = ___ _.__ S,F, 2,700 7,340 ______ x ______ = _______ _ S,F, 6,412 229 D, SIDEWALK _____ X ______ =--------'-'a... S,F, 150 ______ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, E, PATIO/ DECK ·1,600.s,F, ______ x ______ = _____ _ 305 F,lANDSCAPE _____ X ______ = _____ _ S,F, AREAS UNDERLAIN BY ______ X ______ = ______ S,F, PLASTIC SHEETING ______ X ______ = ______ S,F, Tennis HUL-------X ______ = _____ 1_2_0s,F, Tennfs Court 7,200 G, OTHER ------X -------------s IF I TOTAL HARDCOVER IN ZONE 49,923 S,F, ToTAL PROPERTY AREA IN ZoNE 317,893 S,F, 0 w ·-··--·- [I] 49,923 : [IJJ12 ,B93 X 100 = 15.7 ·% .-. . - ... HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' [2so-soo,J 500-1000' ExrsTING HARDCOVER IN ZoNE --------.----------------- A,. House:------X ------= ------S,F, LENGTH WIDTH ------x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, ___ __, __ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, B, GARAGE ------X . ______ = ------S,F, 5,579 C, DRIVEWAY _____ X ______ = --~;..;;.._ __ S,F, 2,790 2,800 ______ x ______ = _______ _ S,F, D, SIDEWALK _____ X ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, ______ x ______ = _____ _ S,F, E, PATIO/ DECK ______ x ______ =.;_ ____ _ -S,F I F,lANDSCAPE ----- AREAS UNDERLAIN BY . PLASTIC SHEETING x ______ = _____ _ x ______ = _____ _ ______ x ______ = _____ _ ______ x ______ = _____ _ S, F, S,F, S,F, S,F, G, OTHER ------X -------------s, FI TOTAL HARDCOVER IN Z □NE ToTAL PROPERTY AREA IN ZoNE __ l_l..::.r.;;,;;l..;..6;;...9_ S,F, 0 _...;l;;:.;;:5;.;::5::..1,~5;.:=1~5-s, F, w fl] __ l_l __ ,_1_6_9 _ : w 155, 51 5 X 100 = __ 7~.1=8;,,.___ ·%0