HomeMy WebLinkAbout Project PacketCITY OF ORONO - GENERAL LAND USE APPLICATION p
--------------------------------------- --------------- 1 i
PROPERTY LOCATION y j
Site Address �• -� -''�'"
Property Identification Number (P.I.D.) _
Please check one - Prcperty X abstract or torrens? F,. v4iU tF;Gf
(for Conditional Use Appl ations only) 0
Please attach legal description to application if not include`_ t
on required survey. p�,gawq►..,,��J oRoNc' _
------------------------------------------------------------------------4►y►
APPLICANT Phone thome) •i=
Name ME-YEfz Phone (wcrk)
MEYSR Gft6 R b P-a- -1 . ;< qR.l•. "V.
Address j2`; -AjE�rjE .4." 1. City -A rJrJriAP-3- Zip :r
---------------------------------------------------------- ------------------
OWNER (if different than applican- Phone (home) 4+'_.- i•=
Name *;E<51 E31E P;u,;. OOKY Phone 3 d-1-}
Address I&-n S+w-•cEt'* Fb - -'- City ')""Je-) Zip 5 - -
Date Propert"cquired APP-;L- , ),� (month/year)
I (do) (do not);also own the adjacent parce_s of land.
------------ =_----------------------------------------------------------
FEES - CONDITIONAL USE PERMITS -
Renewal Fee - 1/2 Carresit Fee
After -the -Fact Fee - Double ,;rrent Application F•'te
$100.00 a) Resi.�Iential accessory Use
$150.00 b) Institutional (church, school, etc.)
$150.00 c) Duplex Credit/Bldg
$250.00 3) Commercia; industrial Use
$200.00 f) Land Alteration
Grading and fillinq - designated wetland or
floodplain
Grading and fillinq - 101 cu. yd. or more
Grading, seawal:, retaining walls within 75'
of :akeshore
PRD!PIC - see fee schedule
OTMM APPLICATIONS
_ S150.00 Commerc.al Site Plan Review — consultant
$250.00 Vacation
$150.00 Easement Vacaticn
$ 50.00 Easement Vacation with Subdivision
$250.00 Rezoning
$100.00 Appeals
Other - see fee sche:.uls
PRESENT USE OF PROPERTY
Present Zoning District
Present Use of Property Residential
Other (specify)
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DESCRIPTION OF REQUEST
Des tribe request i:. detai i : •�
HOME �1• f?r4
RRQUIRXD SU MITTALS
1. Completed Application Form.
2. Certified Property Owners List of owners within 350'(vou can obtain
this list from Hennepin County Department of Finance A-603 Government
Center 348-3271)
3. Stemped, legal sized envelopes (410) pre -addressed to each of the names
on the above list with no return address.
4. Certificate of survey.
5. Topographic survey (existing and proposed contours) if land
alterations involve changes in elevation (grades).
6. Construction plan, if applicable (see staff for requirements).
7. Plat Map.
8. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
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The applicant and Property Owner must sign th:.s application. Please
remember that your application is not comdlete if the ebove information has
not been included.
Certification by Zornln(T Department t:.i- Land Use Application is complete.
Zoning Officials Signature Date
"PLICANT'S SIGNATURE
The applicant hereby agrees to provide ali information required Jr
requested by the Zoning Administrator, agrees to pay all fees and/cz
unusual expenses incurred in review of this application, and certifies that
the information supplied is true and correct to the best of his/her
knowledge.
Applicant's signature Date
ONUMS SIGNATURE
The owner hereby acknowledges and agrees tc t`i,s application anti further
authorized reasonable entry onto the property by C:-v staff, ccr.suitants,
agents, commission members, and Ccunci 1 members f _�r p,.ra(^sees �)f
investigation and vie o of t is request.
J��
Owner's signature Date
------------------ - -----------------amiim-i
-- «--------------------------
Applicant must ha . all ubmittal3 into City offices 25 days before the
Planning Commission Meeting. Planning Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of try Planning C=missior. and Council. If an applicant is
unable to attend a scheduled meet:.r,7, please make arrar.--rents tc have an
authori--ed agent attend in your p ace and a;v_so� -he rill'.:.^.a zzor.:nq
Office of this change prior to the eet:nq.
CL
DATI, PRIVAC'i ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request for a permit or
license from the City of Orono or any of its derartments may
require you to furnish certain private or confidential inforin-
ation.
You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or 'license.
3. The information may be shared with other local, state
or federal agencies to t e :ct necessary to process
the permit or license.
4. If your requested permit or license .egires council
action to approve, some information may become public.
5. You have certaan rights under M.S. 15.165 to review
private data on yourself.
6. Your full name, and date of birth are required to process
this application or permit.
First middle Lait
Address
UPS► MN • S3`3 i - -
1-7 'JL`f 19'1!
Date of Sirth(does not apply to 1)uilding/general permits)
3-oQ-3$ t 4
Phone�
I understand rights as stated above.
x � r AA
A
i
RUN DATE 09/21/89
BATCH 002
V 38 11-117-23 IZ Gu09
•PROP ADDR U1400 BRACKET7S PJINT RD
0144ER NAAE ELEAMOR LAWLER PILL56JRi
TAXPAYER JOHN S PILLSBURY
NA'1E/ADDR 1300 TCF %NLR
• MPLS MN 55402
•38 11-117-.3 32 0017
PROP A00R O1300 BRACKETTS POINT RD
OWNER t1.V IF GE ORGE S P! L LSBURY ET AL
iA"PAYER CLORCE S PILLSBURY
• IIAME/ADOR 1100 TC" TOWER
MPLS MN 55402
• 38 11-117-23 33 0001
RCP AOOR 01420 BRACKFTTS Ft:INT RD
OWtIfR N-VIE ELEANOR LANLER PILL"BURY
• TAXPAYER JOHN S PILLSDURr
NAItE/AuDR 1301T TCF TONER
MJLS fTl 511:+02
•
•
. w
•
w
H:NNEPIN COUNTY PROPERTY INFORMATION SYSTEM
t`RCPER,'Y CMIX"S LILT
✓ 38 li-117-23 112 QO111
U1265 L:RACKE-IS Pv.:;l RD
M:CHAEL E 041 :.1 E WIFE
f'.CHLEL d .ICRJA 1't:: 111
lib5 BRACY..L71'- PO1N
HA'."ATA M 5-.' �i
✓ i8 11-117-2! 3: i10i8
01420 B,%AC7;F1 �S YO:NT RD
ELLA P ("ZO 6f
ELLA P CR.--'BY
:2:0 BRt.CKf TTS P0I11- i.'J
WAiZAT: Mi; 55311
TOTAL BATC,i 002 G0007
REPOR r r10. P1455401
PASC 3
38 11-127-23 32 0fI11
014ZO DRACRETTS PINT PD
I JANOR L PIWOLR f
1103 TCF TONER
NPL.". MN 56v02
;4 ll-li7-23 32 04141
JONII S PI: t SNJRY JR E' AL
JOIQI S ►ILLS"V ..R
13.0 TLF TOWER
Mp — I IN 5
I CERTIrY Ti,Af )HE FACTS FFPRISEIM0 AV AN ACCUR/lE AM
REPRE'A fI; A' +ON OF INFO thA i lyN A:, . TAPrtW. TH1 S CAll LM .1,1 FECORD .
OF THE Otte4P.N COUi4T'i GEPJIV.;T' •:I GF ►AJFER;Y •Al:ATION. TU 11:L �L.T
Of My I'M4C LOCI AND RELIEF
CITY OF ORONo NOTICE
The Planning Comm,saior, w111 hold public
Mann! ,n the Council Chambers at 1275
South Brown Road W Monday October 16
1989 to review the following tend use appn
cations
1 No 1461 Rev,rrrnd Fleur W Berggren or
585 Old Crystal Bay Poad South seeks a side
yard sefbsck vanance for a prom"d porch ad
dition to the exrahng residence
2 No 1462 Richard A Schmidt of Orchard
Park Farm inc at 3980 Watertown Road seeks
8 front street setback variance for a proposed
second story addition to the ex,sl ny
resider e
3 No 14C9 Contel of Minnesota Inc seeks
approval of a Conditional use permit and set
back vafJncs for a proposed remote switch
building apwoxlmatety, 10 x 18on a property
locate, at the intersection of Tonkaview Lane
and County R01W 19 that is currently owned
by the Fairview Covenant Church
4 No 1464 Mertes Nadhr of 2U* Kpiry
Avenue seeks a hardcover variance within the
75.250 setback area for a proposed addlhon
to the existing residence
6 No 1465 Gerald McCourtney of 1055
Ferndale Road West seeks a hardcover .an
ante within Me 75.250' setback area for ar ad
dltlanai curb and driveway entrance aro .1
height variance for a proposed fence that ..,,,
be placed adjacent to the road right -of-way of
Fe,ndate Road for a resklence currently h,,-;
re Odeled
6 No 14M Dan Kolb of 4040 Waterto,
Road Make a front and sale setback vanan.e
fpr a screened porch addition to the existing
residence
7 N0 14" Goo, ye P,lyburyr of 1300 Brac.
Olt s Point Road sseka hardCover an(,
Iaklsfrore Setback vanarlc is for a proposeA
greenhouse addition to the exgting resident e
and a condrtnonal uSe permnt and variance fcr
land alterallone within the 0.75 Setback area
8 No 1469 City of Orono seeks a coed,
bones uSe D*rmK for the Installation of a tower
for a wen wrthln MUMS of the unused right
of -way of 1YM44MMW Lane
AN pOrhora wnahng to be herd *Ia appea,
at this Irhe The meeting starts at 7 Oo J m
Written corrimmts re soscred Plans are avail
&One for r"w in I" City offlcas by ao-
po,ntment
C,ty of Oros
By Planning commoe,an
Jeanne A Meburh &Adng 6 Zonxng Ad,,
Irstor,
(Pnibieshed .n The Laker and P+nree,
1,189;
Affidavit of Publication
State of Mlnnesuta. Uountj, ;f 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. Min-
nesota. and has full knoviiedge of the facts which are
stated below
A.) The newspaper has complied with all the require-
ments constituting qua:lfications as a qualified
newspaper, as provided by Minnesota Statute
331A.02. 331A.07. and other applicable laws. as
amended.
B I The printed:GCn
A4,,, �,r/%''i/ yl - - - -
'�
which is a!tached .has cut from the columns of said
newspaper and was?rented and vuL1 ;l" •C once earn
week for _— _ _ _ _ successi,. a weeks
it was first aublish_-d Monday.
I flip o ^
the :� Pd day Of Ir.-' 1 _.
and W.Is thereafter printed and puthshed every
Monday. to and Including Monday
~1' --- d ly of
I�
...:.ti............ . Authorized Agent
• •'.t':�TTA A. S. 'AU3
I- --Y r u . JTA
:TY
Subscribed and sworn to merr on this
—. -; _ _ day r , C S �n}'� 1 J
ey h� �-'��-_•�i--- Notary t
lic
Rate Information
LdwOOI rate Paid try ::Ommpcnal users fro COmper.i
we spJCe 119 80 per finch
71 Maa,mum rate crowed Dy 4' 10, eve mat1w so au ue, ",cn
31 Ptah actualty char40 or soove matter $4 N W tn.:h
Each addlljora. succ00111i 111,4111111% 13 24 W ncn
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
CITY OF ORONO 1
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of 01468, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hPnd and seal
this 3rd day of October, 1989.
Jam oi�ma
CITY OP ORONO - NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, October 16, 1989 to
review the following land use applications:
1. 41461 Reverand Paul W. Berggren of 585 Old Crystal Ba- Road
South seeks a side yard setback variance for a proposed
porch addition to the existing residece.
2. #1462 Richard A. Schmidt of Orchard Park Farm Inc. at 3980
Watertown Road seeks a front street setback variance for a
proposed second story additio., to the existing residence.
3. #1463 Contel of Minnesota, Inc. seeks approval of a
conditional use permit and setback variance for a proposed
remote switch building approximately 10'xl6' on a property
located at the intersection of Tonkaview Lane and County
Road 19 that is currently owned by the Fairview Covenant
Church.
4. #1464 Charles Nadler of 2509 Kelly Avenue seeks a hardcover
variance within the 75-250' setback area for a proposed
addition to the existing residence.
5. #1465 Gerald McCourtney of 1055 Ferndale Road West seeks a
hardcover variance within the 75-250' setback area for an
additional curb and driveway entrance and a height variance
for a proposed fence that will be place: adjacent to the
road right-of-way of Ferndale Road for a residence currently
being remodeled.
6. #1466 Dan Kokesh of 4040 Watertown Road seeks a front and
side setback variance for a screened porch addition :o the
existing residence.
7. #1468 George Pillsbury of 1300 Brackett's Point Road seeks
hardcover and lakeshore setback variances for a proposed
greenhouse additi-n to the existing residence and a
conditional use pe:..iit and variance for land alterations
within the 0-75' setback area.
S. #1469 City of Orono seeks a conditional use permit for the
installation of a tower for a siren within portions of the
unused right -of. -way of windjammer Lane.
All persons wishing to be heard will appear at this time. The
sooting starts at 7:00 PM. Written comments are solicited.
Plans are available for review in the City offices by
appointment.
City of Orono
byt Planning Commission
J*Anne A. Mabusth, Buiidinc, i Zoning Administrator
To bo published the week of October 2, 1989.
HARDCOVER CALCULA Tn'
SETBACK ZONE: (CIRCLE OvE) Q-'z' 75-250' 250- 0V 5CO-iCCO'
Ex I ST ING HARDCOVER IN ZONE
A. HOUSE X i.F.
LE'4GTH WIDTH
X : S.F.
S. F.
S.F.
X
S. GARAGE
X
S.F.
_
C. DRIVEWAY
X
a _
S.F.
X
S.F.
D. SIDEWALK
X
Y
E. SATIO/
ECK
X
"
F.LANDSCAPE
X
S.F.
AREAS
UNDERLAIN
YY
X
S.F.
PLASTIC
SHEET I i..;
X
S.�.
X
S.F.
G. OTHER X S.F.
-------------
TOTAL HARDCOVER IN ZONE - S.F.
TOTAL PROPERTY AREA IN ZONE s•F•
x loo _ o
• HARDCOVER CALCULATION WORKSHEET
`
SETBACK ZONE: (CIRCLE ONE) 0-7'. 75-2501 2E 1- 11n'
C. co--: 7�n'
ExISTING HARDCOVER IN ZONE r� -
--------------------------
A. HOUSE x '
S.F.
LENGTH W I L -H
r
x =
S.F.
x '
S.F.
x • _
S.F.
x
S.F.
B. GARAGE ;t
C. DRIVEWAY x •
S.F.
x a
S.F.
0. SIDEWALK
E. EATIO/ x _S.F.
ECK
x '
S.F.
F.LANpSCAPE X '
S.F.
AREAS
UNOEALA, I'1
BY<
S.F.
PLASTIC
SHEETING
X a
S.F.
x
S.F.
E. OTHER x _ a
S.F.
TOTAL HARDCOVER IN ZONE -
S.F. A
TOTAL PROPERTY AREA IN ZONE -
S.F.
EL-+al-
c
.4
HARDCOVER CALCULATION 'WORKSHEET
SETBACK z(' CIRCLE ONE) C 5 is-5,7250-500' 500-1000'
EaISTING H, .JER IN LONE
A. HOUSE
S.F.
LENGTH WIDTIt
< -----_ S.F.
X - S.F.
X S.F.
- .< - -- - - - S.F.
B. GARIGE — r------------- = S.F.
C. DRIVEWAY < _�_----__-.-- - S.F.
0. SI:F'WALK S.F.
t
"
E. EATIO/YECK
X _
F•LANDSCAPF r P,
AREAS
UNDERLAIN
BY �
PLASTIC
SHEETING
< _
G . OTHER
TOTAL HARDCOVER IN LNE S. .
TOTAL PROPERT( AREA IN ZONe - i.x•
ED- + ® x :00
ky
HARDCOVER CALCULATICM
WORKSHEET
.'44:ArJ� `4PP"CAnaN
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-750" 250-500' 500-1003'
EY I ST I NG HARDCOVER IN ZONE%'�t
A. HOUSE
X
S.F.
LENGTH
WIDTH
X a
S.F.
X a
S.F.
X =
S.F.
X
S.F,
B. GARAGE
X =
S.F.
C. DRIVEWAY
X :
S.F.
X =
S.F.
D. SIDEWALK _
X _
S.F.
X
S.F.
E. kTIC/
x =
r
S.F. 1
CK
x = :
S.F.
f.LANDSCAPE
x =
S.F.
AREA!
UNDERLAIN
BY
x
S.F.
PLASTIC
SHEETING
x
S.F.
x =
S.f.
a ITHER _ _
x
TOTAL HARDCOVER
IN ZONE `'`��
S.F. ED
TOTAL PROPERTY AntA
IN Zm �'2
S.F. ED
A _
�x 100 ■
o
Pu s;&Jay p-vs cs",-c
HARDCOVER CALCULATION
WORKCNEti
Aa�rx� q�u�nc�
SETBACK ZONE: %C'RCLE ONE)
O-/7" %S-2,51� 250-500'
cCo-,ADO,
E:<ISTING HARDCOVER IN ZONE
--------------------------
Fi :
q; 1C
A. HOUSE
t
S.F.
LENGTH
'MOTH
X _ --
S.F.
X =
S.F.
x =
S.F.
X
S.F.
B. G.".RAGE
X =
S.F.
C. DRIVEWAY
X =
S.R.
1
X =
S.F.
0. SIDEWALK
X
S.F.
X = _
S.F
X =
S.F.
E. 6ATIO/
ECK
x
S.F.
F.LANDSCAPE
X
S.F.
AREAS
UNDERLAIN
BY
X s
S.F.
PLASTIC
SHEETING
x m
S.F.
x a
S.F.
G. OTHER
x s
-------------
_ S•7.
TOTAL HARDCOVER
IN ZONE - 4.�;i,'
S.F.
F
TOTAL PROPERTY AREA
IN ZONE
A _
a x IDO -
HARDCOVER CALCULATION WORKZHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-;C0' 500_ 000,
EXISTING HARDCOVER IN ZONE
-------------------------
A, HOUSE X = S.F.
LE.IGTH WIDT,-1
X =
S.F.
X =
S.F.
X
S.F.
X _-- - _
S. F.
A. GARAGE
X =
S.F.
C. DRIVEWAY
X =
S.F.
X _ _
_ S.F.
D. SIDEWALK _
X =
S., .
E. SATIO/
ECK
x __
S.F.
F.LANDSCAPE
X
S.F.
AREAS
UNDERLAIN
BY
X _ =
S.F.
PLASTIC
SHEETING
X a
S.F.
X
S.F.
G. OTHER
X =
S.F.
TOTAL HARDCOVER
IN ZONE -
S.F.
TOT.'.L PROPERTY AREA
IN ZONE - _
S.F.
x iC0
MS&R
21 September 1989
Jeanne Mabusth
City of Orono
Building and Zoning Administration
1335 South Brown Road
Orono, MinneSr,ta 55391
Re: Pillsbury Residence u8830
Dear Jeanne:
�. I J
We herewith transmit pirtial materials as noted under the
submittals section of the application. We will. follow up with
the remainder in the next few days. We look forward to
meeting with you and/or Mike Gaffion p:io_ to the drafting of
your staff r4--port for the 22 October 1989 Planning Commission
Meeting. If you would like further information than we are
sending/intend to send, or if you would liko ..t omple*e
breakdown for the hard cover calculation wc;r; s:ieet (herein
determined with a planimeter), please feel tree to contact
either Herb Baldwin (492-2180) or sae.
Sincerely,
—1017
Thomas Meyer
1,
8830J,0921W, !
\11 S & R
28 September 1989
Jeanne Mabusth
City of Orono
Building and Zoning Administration
1.335 Sc ,th Brown Roa-
Orono, Ainnesota 55,j9I
Re: Pillsbury Residenc- - 48830
Dear Jeanne and Members of the Planning Commission:
This letter is written in support of George and Sally
Pillsbury's request for a conditional ust permit and variance
to add on a plant room to the south side of their existing
house. The original house, built in 1949, is itself in
violation of the 75' setback and therefore also the zero
percent allowable hardcover percentage area within 75 feet of
the 929.4 foot defined lake elevation shoreline; certain
portions of it lie within about 55 feet of shoreline.
Although we acknowledge that additions cannot be grandfathered
in under pre-existing cond4tions, the location of the existing
structure severely limits building options. The plant room
dddition nas to be on the south side of the house to get the
bright indirect light necessary for their collection u'
orchids and other plants. Furthermo•-e, it is highly
undesirable to have to direct guests who wish to see Sally's
flower collection, through private areas of the existing
master Ledroom.
The only neighbor within direct view of the greenhouse would
be Eleanor Pillsbury, whose closest living area would be 280
feet from the proposed addition. Few users of the lake would
be much aware of the -+ddition, because the 25 foot embankment
would obscure close-up views and because the proposed addition
has so much glass as to be largely transparent from a
distance. The structure which looks somewhat like an arbor
will be painted white to blend in with the existing house and
with the mature white birch trees among which it is to be
located.
4 S & R
Jeanne Mabusth
28 September 1989
Page 2
The landscaping plan calls for planting the bank edge to
seduce soil erosion and promote the absorption of rain water
runoff. Perforated drain tile around the addition will
conduct runoff to a wet well with a perforated cover.
It is awkward to have to seek a variance in any circumstance
but particularly when a code, such as Orono's setback
requirement, has been enacted both to preserve natural
resources as well as to protect community interests. However,
the Pillsbury's proposed addition, because of its nature
(being in effect a greenhouse) and size (210 SF) would have
minimal r-,nvironmental and visual impact. A denial of their
application would cause them sufficient hardship in the use of
their land that we ask that you recommend a granting of their
variance request.
You s sincerely,
J
Thomas Meyer i
8830/L.092889.doc
• GF.OROF. S. PI LLV BURY
13OO TC' F TOW E R
KINNFAPOLIS. MINNF.SOTA as-urS 2H7'�
0
October 2, 1989
Ms Jeanne A Masbusth
Zoning Administrator
City of Orono
Box 66
Crvstal Bay, Mn 55323
Dear Ms Masbusth:
Unfortunately, neither Sally nor 1 can attend your next meeting (we
made a commitment last May to be our of the country). However both
Herb Baldwin and Tom Meyer will he representing us to explain our
request and answer any questions.
We hope that you feel as we do that our addition of a small
conservatory improves the overall appearance of our house just as
the porch did that we added off the living room and bedroom several
years after we purchased the house in 1953.
We believe that the addition does comply with both the intent and
spirit of the set back ordinance and hope that you will approve our
request for a conditional use permit and variance.
Sincerely,
CSP?rpd
TO: Mayor Grabek
Orono Council Members
Planning Commission Chairman Kelley
Planning Commission Members
City Administratcr Bernhardson
FROM: Michael P. Gaffron,
Assistant Planning & Zoning Administrator
DATE: October 12, 1989
SUBJ: #1468 George Pillsbury, 1300 Bracketts Point Road
Variance/Conditional Use Permit - Public Hearing
Zoning District -
LR-IA, Single Family Lakeshore Residential, 2 Acre, Unsewered
Application -
Request for hardcover and setback variances and conditional
use permit for addition and minor grading in Lakeshore yard.
List of Exhibits -
A - Application
B - Property Owners Letter of Request. 10/2/8
C - Architect's Letter of Explanation 9/28/89
D - Plat Map
F - Property Owners List
F - Hardcover Calculations
G - Survey with Topography
H - Site Plan
I - Greenhouse Plan View
J - Greenhouse Elevation View
K - Proposed Grading Plan
L - Cross Section View
Pertinent Facts -
1. The applicants are requesting 0-75' hardcover and
lakeshore setback variances to construct an attached
greenhouse to the ex�stinq residence. Portions of the
existing residence and most of the proposed greenhouse are
located in the 0-75' lakeshore setbacx zone. The existing
residence is approximately 57' from the shoreline. The
proposed greenhouse will be approximately 55' from the
shoreline at its closest point.
1. Hardcover exist inq and pra;.:osed on the property is as
follows:
I,ot Area: 0- 75' = 25,925 s.f.
75-250' = 62,900 s.f.
250-500' - 40,000 s.f.
128,825 s.f = 2.9f, AC
EXISTING ALLOWED PROPOSED
S.F. (%) S.F. $ S.F. (*)
HARDCOVER
0-75' 1,491 (5.7%)
75-250' 11,450 (18.2%)
250-500' 2,500 (6.38)
0 (0%) 1,965 (7.69)
15,725 (25%) 11,494 (18.3%)
12,000 (30%) No Change
3. In conjunction with the greenhouse development,
applicants are proposing some minor regrading and a 30"
stone retaining wall at the top of the steep lakeshore tank.
This wo O. is intended to redirect drainage away from the
ridge of the slope in order to preserve that slope. A
draintile is proposed to col lect runoff between the house
and the steep bank in the 0-75' zone, and transport that
runoff to a wet well in the 75-250' zone where it will he
dispersed below grade, with an o%erflow to grade in the 75-
250' zone. This drainage concept has been briefly reviewed
with the City Engineer and he has requested some additional
detail but feels the proposal generally shoeln be
acceptable.
4. Applicant was also asked to provide some elevation views
and cross sections to help in visualizing the degree of
impact the 55' setback will have from tt:e lake. Due to the
topography and low profile of t .ie greenhouse, that visual
impact may be minimal. Applicant was also made aware of the
City's concern regarding 0-75' building additions that
encroach closer to the shoreline than the existing house.
K. Technically, an average '.akeshore setback variance is
required. however, the most affected ne' hboring residence
is more than 200' away and tl,..s greer.ho.+se wi 1 1 have no
impact on lake views enjoyed by tLat property.
Discussion -
This is an approximately 3 acre parcel, and the majority of
runoff from the house and driveway areas already flows generally
away from the eastern shoreline. The proposed the/wet well
surface drainage system would appF-ai to compensate for not only
the proposed additional hardcover, !ut may help to decrease the
impact of existing runoff flows.
The applicants have staled that the grading work directly
east of the existing house and proposed greenhouse is to help
redirect drainage and provide addiLional support for the steep
slope area. Some s 1 Lniping apparently is already occurring, as
can he witnessed by a dip in the hedge line at the ridge.
The apr,l icant's stated intent is to preserve the existing
vegetation on the steep slope. Planning Commission may wish to
address the potent4al for screening the retaining walls *c
mirimi7e its visual impact from the lake.
The applicants have noted that other than the existing house
and existing embankment walls in the 0-75' zone, there is very
little additional hardcover which could conceivably 1.e remeved tc
compensate for the proposed addition. There is an existing
stairway for lakeshore access, and there are two terraced areas
with randomly spaced flagstones located in the 0-75' zone. Note
that on an overall basis, hardcover on the property is
substantially less than the allowed maximums, except for the
small percentage in the 0-75' zone.
Staff Reco=endation -
Staff would recommend approval of the variance for average
setback, based on the finding that no lake views currently
enjoyed by neighboring properties will be reduced.
Staff would recommend approva; of the conditional use• permit
for regrading in the 0-75' zone including installation of a drain
tile/wet well system to transfer runoff from the 0-75' zone to
the 75-250' zone, subject to final eetai 1 plan approval by the
City Engineer.
Regarding the lakeshore setback variance, Planning
Commission in the past has adhered fairly consistently to the
position that no new additions should extend closer to the
shoreline than the existing !louse. The proposed greenhouse would
extend approximately 2' closer to the lake than the existing
house, but this occurring only at the very corner of the
greenhouse. Planning Commission could bare approval of the
lakeshore setback variance on the location of the existing hcuse
and the fact that the bulk of the proposed additicn, except for
one corner, is no closer to the lake than the existing house.
Regarding hardcover, Planning Commisison might consider
finding that the proposed drainage system transferring runoff
from the 0-75' zone to the 75-250' zone for dispersement, is a
suitable mitigation of the additional 1.9% hardcover it the 0-75'
zone. Alternatively, it would be consistent with past Planninq
Commission policy to require rer,ova l s of existing hardcover in
the 0-75' zone, resulting in no net percentage increase. The
fact that the majority of drainage from the house already drains
or can be directed to drain away from the eastern shoreline,
makes this property unique in that respect, and may be an
additional finding to support a recommendation for approval.
MINUTES OF THE PIANNING COMMISSION MEETING OCTOLER 16, 1989
ZONING FILE 11466-KOKESH CONTINUED
Gaffron said that in order to construct the 14' x 16' porch a
front setback variance will be required and a side setback
variance will be necessary fcr the construction of the deck.
Ms. Roberta Schmidt, 3980 Watertown Road, said that Mr.
Kokesh's house was in a state of disrepair when he purchased it.
Since that time, he has greatly improved the house and she felt
that the porch would be a nice addition.
There wern no further comments from the public regarding
this matter an(; the public hearing was closed.
Planning Commissioner Brown inquired as to the owner of the
property to the north:
Chairman Kelley answered that the property was owned by Mr.
Kokesh's father and was pasture area.
Planning Commissioner Johnson asked Mr. Kokesh if he had
considered purchasing 'and from his father?
Mr. Kokesh respoi.,.ed that it was not financially possible at
this time. He said that the house was very small and would
probably be torn down at such time that he purchased land from
his father.
It was moved by Planning Cc mmissioner Bellows, seconded by
Planning Commissioner Brown, Lo recommend approval of the
front and side setback variances to construct a porch and open
deck. Chairman Kelley questioned whE'_her Bellows wished to
include in her motion a condition disallowing enclosure of the
deck at a future time. Bellows amended her motion to include
that approval is conditioned upon the deck remaining a deck only
and may not be improved at any time in the future, Brown
seconded. Motion, Aves=7, Nays=O, Moticn passed.
11468 GEORGE 1PILLSBURY
.1300 BRACKETT'S POINT ROAD
VARIANCES
PUBLIC HEARING 8:25 P.M. TO 8:40 P.M.
The Affidavit of Putlication and Certific3`e cf Mailinq were
duly noted.
Mr. Thomas Meyer and Mr. herb Na lciwir. were present
representing the applicants.
Assistant Planning and Zoning Administrator Gaffron stated
that the Pillsburys wished to put a greenhouse addition c;n their
existing residence located less than 75' from the lake. Gaffron
said at the existing hi.rdcover located within the 0-75' setback
zone would increa!�e ro 7.6%. Gaffron further explained that the
applicants were al proposing to put some kind of drai., the in
the 0-75' setback ,at would lead back to the 71-250' zone '-o a
wet well.
1c
MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 16, 1989
ZONING PILE 11468-PILLSBURY CONTINUED
Planning Commissioner Brown questioned whether the City
Engineer had reviewed *_he drainage concept bring proposed?
Gaffron replied that the City Engineer had only conceptually
approved of the plan, but had not received the plans in time to
fully review them.
Planning Commissioner Bellows said 4-hat the drainage and
addition are really two separate issues.
Planning Commissioner Johnson asked w�-,ether the sketch plan
showed existing or proposed plantings -
Mr. Baldwin explained that he was going to try to preserve
the desireable plants on the bank and then supplement them with
more plantings that would help prevent erosion.
Chairman Kelley asked what is the hardship for the variince
in this case?
Mr. Baldwin said that it was the applicant's intention to
have a plant room that has the kind of sun orientation necessary.
In the process of constructing the addition, they will address
the problems with the existing _grades and drainage on the
property.
Mr. Meyer explained the scheme of the existing house in
relation to the need to locate the greenhouse as proposed.
Planning Commissioner Bellows said that she understood that
the greenhouse would be used for growing orchids. She said that
a rchid house is more sensitive than a regular greenhouse. She
s that the orchids need a more southeast orientation ratter
t.,...i south or southwest.
Planning Commissioner Hanson suggested that the greenhouse
addition be shorter so that it would not extend toward the lake
to the degree now prc,-sed.
There were no comments from the public regarding this matter
and the public hearing was closed.
Planning Commi ssionet Johnson said that he did not have a
problem with the hardcover, even though it is in 'he 0-75'
setback zone, due in part becaise slope to the lake is so
steep that any runoff goes directly to toes I.Ake. He questioned
whether a grading plan had been submitted?
Mr. Baldwin said that he would work with staff to establish
limitations for the amount of grading that the city will allow.
Planning Commissioner Brown noted that there would be a new
2 toot retaining wall. He informed Mr. Baldwin that the City is
sensitive of the visual aspect of retaining walls and that
11
MINUTES OF THE PLANNING COMMISSION MEE'1ING OCTOBER 16, 1989
ZONING FILE f.1468-PILLSBURY CONTINUED
screening is usually required.
Mr. Baldwin said that plantings would be placed in front for
screening.
There .sere no c�-:.ents from the pudic regarding this matter
and the public hearing was closed.
It was moved by Planning Commissioner Johnson, seconded by
Planning Commissioner Bellows, to recommend approval of the
hardcover variance, average lakeshore setback variance to
construct an addition and a conditional use permit for minor
grading in the lakeshore yard, conditioned on the applicants
working with City staff to establish gracing limits. Chairman
Kelley inquired as to what direction water running off of the
roof of the addition will go? Mr. Meyer said that a drain spout
will be installed that will direct drainage west. Moticn,
Ayes=5, Cohen, Kelley, Nay, due to their opinion that there is
not a sufficient hardship to warrant encroachment of the 0-75'
setback zone.
01469 CITY OF ORONO
RIGHT-OF-WAY OF WINDJAMMER LANE
CONDITIONAL USE PERMIT
PUBLIC EBARING 8:53 P.M. TO b:58 P.M.
The Affidavit of Publication and Certificate cf Mailing were
duly noted.
Assistant Planning and Zoning Administrator Gaffron
explained that the Ci*-v i-ished to install a civil defense siren
within the right-of-way near 835 Windjammer Lane.
Lieutenant Cheswick informed the Planning Commission of the
locations of sirens throughout the City. He said that Minretonka
Beach is considering the installation of a siren in their area.
'he Windjammer Lane locaticn wc, selected in order to provide
protection for the northwestern area of Orcno. He sai-I that
there is currently no siren in +-hat area.
Mr. Chuck Bidwell indicated that he did not object to the
noise impact, but was concerned about the visual impact.
Planning Commissioner Bellows questioned whether there were
alternate locations for the siren?
Mr. Bidwell said that it was his understanding that other
sites were considered, but the Windjammer I.ane site was selected.
He said that the Police Chief had suggested placing the siren on
the Lakeview Golf Course.
Cheswick indicated that the owner of the Golf Course had
indicated that he did not want the structure on his property.
Chairman Kelley .ndicated that he would rather locate the
12
ZONING FILE NO. 1468
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/20/89
--------------------•--------------------------------------------------------
TO: Thomas Meyer COPIES TO: George Pillsbury
Meyer, Scherers, Rcckcastle Arch. 1300 Bracketts Pt Rd
325 Second Ave N Wayzata, MN 55391
Minneapolis, MN 55401
TYPE OF APPLICATION: Variarze/Conditior.al Use Permit
-----------------------------------------------------------
DATE OF MEETING: 10/16/89 VOTE: 5 For 2 Against
Planning Commission recommends the following:
Approval subject to conditions noted below
AND SPECIAL CONDITIONS:
Motion was to recommend approval of hardcover variance, lakeshore
setback and average lakeshore setback variancLs, and conditional use permit
for additions and grading work (land alt-irations) in 0-75' zone;
conditioned on drainage re-routing as proposed, and conditioned on
applicant working with staff to establish suitably_ 1.1mits of grading prior
to Council review.
Minority Opinion (Cohen, Kelley): "No justification for encroachment,
no hardship shown."
Please arrange to meet with staff and the City Engineer to review
your grading plans.
Applicant's next scheduled meeting is confirmed as
City Council Monday, November 13, 1989; meeting st...L�s at 7:00 p.m.
If you desire certified copies of the off�;,ial Planning Commission
minutes, they are ac3ilable from the City Recorder after review and
approval by the Planning Commission.
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, P.sst Plarnir.g & Zoning Administrator
Date: November 9, 1989
Subject: 01468 George Pillsbury, 1300 Bracket.ts Point Roa(: -
Variance/Conditional Use Permit - Resolution
Zoning District - LR-1A, Single family lakeshore residential, 2
acre, unsewered
Application - Request for hardcover, setback and average
lakeshore setback variances and conditional use E.ermit for
addition and minor grading in lakeshore yard.
List. of Exhibits
Exhibit A - Planning Commission Minutes of IV/16/89
Exhibit B - Notice of Planning Commission A `ion of 10/20/89
Exhibit C - Memo & Exhibits of 10/12/89
Exhibit D - Draft Resolution
Discussion -
Please review the merio and exhibits of October 12, 1989.
Briefly, the applicants are requesting a hardcover and setback
variance to construct a greenhouse addition to the existing
residence. The existing residence is partially within the 0-75'
zone. Per Exhibit H, applicant indicates that, contrary to
staf f's measurement on the small scale survey, the proposed
addition will be no closer to the lake than portions of the
existing house.
Hardcover in the 0-75' zone is proposed to increase from
5.7% to 7.6%. No hardcover removals are proposed.
In conjunction with the greenhouse addition, applicant.
�proposes to construct a 24"-30" retaining wall at the top of the
ank adjacent to the house (see Exhibit H). Also, applicant
proposes to construct a draintile between the house and the
lakeshore bank to transport surface ruri-off from the 0-75' zone
to a wet well in the 75-250' zone, which would ultimately
discharge over land in the 75-250' zone.
The Planning Commission, at their October 16th meeting,
recommended approval of the hardcover and setback variances and
conditional use permit for grading, on a vote of 5-2. In their
minority opinion, Planning Commissioners Kelley and Cohen
indicated that they felt that there was no hardship nor
Justification shown for the increase in hardcover and s•ructure
in the 0-75' zone. Comments from the Flanning Commissioners
recommending approval indicated that the relatively low
�trcentage of hardcover in the 0-75' zone coupled with the fairly
insignificant visual impact from the lake, were positive aspects
of the request, as was the intent 4-o direct drainage away from
the shoreline.
Zoning File #1468
November 9, 1989
Page 2 of 2
Planning Commission also directed app]icant to work with
staff to establish limits on the grading work proposed, and
applicant was advised to contact staff to arrange a meeting with
the pity Engineer. As of this writing, applicant has not
contacted us, but the City Engineer has advised staff that
additional detail of the proposed grading would be needed before
a permit could be issued for the grading, if Council chooses to
approve the request. The engineer has indicated that the
proposal is conceptually acceptable from a technical standpoint.
Also note that there is a need for an average Lakeshore
setback variance for the proposed addition. All neighboring
residences are so distant that the addition will not encroaci, on
any existing lake views enjoyed by neighboring property owners.
Staff Roca = endation -
Staff recommends approval of the average lakeshore setback
variance and the conditional use E.ermit for regrading and
retaining wall construction per the conceptual plan. Such
approval should be subject to fsnal detailed plan approval by the
City Engineer before a grading permit is issued.
Regarding the lakeshore setback and hardcover variance,
staff does not necessarily disagree with the majority Planning
Commission recommendation, but would note to Council that past
approvals of new structure in the 0-75' zone hay a in most cases
been tied to removal of equivalent amounts of hardcover in the 0-
75' zone, resulting in no hardcover increase in the zone. Also,
additions in the 0-75' zone normal 1 y have nog been a] A awed to
extend closer to the shoreline than the existing residence. In
this case, applicant has indicated that the addition will be
58.5' from the shoreline with portions of the house already 57'
from the shoreline.
Council should consider whether the proposed drainage system
to direct run-off from the 0-75' zone to the 75-250' zone is
Justification to grant a hardcover increase. This would seem to
be breaking new ground, and would be an apparent departure from
past Council policy.
A draft resolution reflecting the Planning Commission
recommendation is attached for Council review.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 i 2 AND
SECTION 10.55, SUBDIVISION 8, AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE f1468
WHEREAS, George and Sally Pillsbury (hereinafter "the
apt,l icants") are the owners of the property located at 1300
Brackett's Point Road within the City of Orono (hereinafter
"City") and legally de-cribed as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have made application to the
City of Orono for variances to Municipal ''toning Code Section
10.22, Subdivisions I and 2 and Section 10.55, Subdivision 8 to
construct a greenhouse addition and a retainir:g wall within the
0-75' lakeshore setback zone, resulting in structure and
hardcover in the 0-75' zone where no structure or hardcover is
normally allowed, and which greenhouse addition encroaches past
the defined average lakeshore setback line where no encroachment
is normally al lowed, and further requesting a conditional use
permit for grading work within the 0-75' lakeshore setback zone
per Section 10.03, Subrlivision 19.
NOW, THEREFORE, BE IT RESOLVED by the Cit,• Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 01468.
2. The property is located in the I.R-lA Single Family
Lakeshore Residential Zoning District.
3. The property is approximately 2.96 acres in area.
4. The Orono Manning Commission reviewed this application
on October 16, 1989 and recommended approval of the proposed
variance and conditional use permit on a vote of 5-2, based
on the following findings:
Page 1 of 6
A) The average lakeshore setback ercroachmert will not
impair any existirg lake views enjoyed by neighboring
property owners.
B) The retaining wall and associated grading proposed
at the top of the 1 aKeshore 1,ark is necessary for
preservation of the lakeshore rank, which is currently
exhibiting some slumping effect. The 24"-30" proposed
height of the single proposed retaining wall is low
enough that the wall can be easily screened using
existing and additional vegetation coupled with the
stone construction materials proposed.
C) The proposed hardcover increase fron, 5.7% up to
7.6% in the 0-75' setback zone is relatively minor in
its impact on the lake given the relatively large 0-75'
zone. Further, the effect of the additional hardcover
In the 0-75' zone is minimized by the proposed drain-
ti 1 e which wi 13 col I ect runof f between the residence
and the shoreline and transport the runoff to the 75-
250' zone for below grade and overland dispersal.
D) The lakeshore setback variance is justified by the
need for southeast exposure for the proposed growing of
orchids, this being the only suitable location for such
a greenhouse addition because of the existing
orientation and location of the house. Further, the
elevation of the existing house and proposed greenhouse
addition above the lake and the height of the lakeshore
bank will tend to minimize the visual impact of the
greenhouse as viewed from *-he lake.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do nct apply generally
to other property in this zoning district; that granting the
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring properties; would not merely serve as a
convenience to the applicants, but is necessary to
alleviate a demonstrable hardship or difficulty; is
r.ecessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
Page 2 of 6
6. The City Council finds that granting a conditional use
permit to allow the proposed grading and retaining walls in
the 0-75' zone will not be detrimental to the health, safety
or general welfare of the public, would not adversely affect
light, air nor Nose a fire hazard or other danger to
neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of the
property will be in keef.ing with the intent and objectives
of the Zoning Code and Comprehensive Plan cf the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants variances to Murici.pal Zoning Code
Sections 10.22, Subdivisions 1 and 2 and 10.55, Subdivision 8 to
permit construction of a greenhouse add?tion and retaining walls
in the 0-75' lakeshore setback zone, resulting in an increase in
hardcover from 5.7% to 7.6% in the 0-75' zone where no hardcover
is normally allowed, resulting in additional structure in the 0-
75' zone where no structure is normally allowed, resulting in an
average lakeshore setback encroachment of al.proximately 125'; and
further grants a conditional use permit for grading and retaining
walls in the 0-75' lakeshore setback zone tier Section 10.03,
Subdivision 19, subject to the following conditions:
1. Applicant shall provide the City Engineer with a detailed
final grading and retaining wall plan, which must be
approved before permits can be issjed for the
grading/retaining wall construction. The City Engineer
shall work in conjunction with the applicants to establish
suitable limits for the grading work.
2. The applicants shall maintain existing vegetation :)n the
lakeshore bank as proposed, and shall plant additional
vegetation to screen the proposed 24"-30" high retaining
wall from the lake to reduce its visual impact. Applicant
shall use native materials and natural coloring to minimize
the visual impact of this wall to the greatest extent
possible.
3. As proposed, applicants shall construct a draintile
system between the existing residence and the lakeshore, to
redirect the drainage fron, the 0-75' zone to the 75-250'
zone for dispersal.
Page 3 of 6
4. Hardcover in t.ie 0-75' setback zone shall not increase
above the 1.,955 square feet (7.6%) approved with this
resolution, as indicated on the site plan attached hereto Ts
Exhibit R. Applicants are advised that any future proposals
to increase hardcover in the 0-75' zone will not be
approved, but might be approved only in conjunction with
concurrent removals of equivalent amourts of hardcover in
the 0-75' zone, resulting in no 0-75' hardcover increase.
5. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exercised by application for a building permit
within one year of the date of Council approval, or the
special conditions of this resolution will expire on that
date (November 13, 1990).
6. 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.
7. 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
a ree to the recording of this resolution in the chain of
title of the property.
Adopted by the Orono City Counci l on this 1 3th day of
November, 1989.
ATTEST:
Dorothy M. Hallin, City Clerk
Property Owrer s
Edjard J. Callahan, Jr.,
Acting Mayor
Page 4 of 6
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on
this 13th day of November 1989, by Edward J. CaIIahan, Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
exec•ited on behal': of the City.
Notary Punlic
My Commission Ext.ires
Page 5 of 6
M S & R
1r.hltr.t.
Mv%vI, %divt r .'l Itu.l..i.11r, I I.l.
tzc 1%vom,1A%vmiv Nmth
"nuu•.►Ia'I",'\In:n►.++t.► ic{ )I
22 November 1989
c/o Michael Gaffron
City of Oruno
Building and 'tuning Administration
1335 South Brown Ruad
Orono, Minnesota 55391
Dear Members of the Orono City ^ounci 1 :
This letter is written in support of, and as
a complement to, other materials submitted to
the Orono Planning Commission on behalf of
George and Sally Pillsbury. We have been `•• ► +,:� .,�,�,�.,
encouraged by the staff of the Orono Planning
and Zoning Administration to restate the_"""""
_a 3:.
reasons why the variance and conditional use
permit shout.. be granted for the proposed i= ARM
addition and sitework to the Pillsbury house. Aoolroil
At issue are work within the 751setback zone
• T•
and provisions for hardcover water runoff. 7
George and Sally Pillsbury retained the
services of our office to help them plan for
remodeling their master bedroom suite and
build a plantroom for thei, rge orchid
collection. With their ch .-en gone,
feeling the effects of arthritis, and `�' ►
desiring single -level living, they decided to t Ii
consolidate their living quarters to have
things more at hand. Their existing house r
-'+llh•
was built in 1949. Corners of the house fall �'•
within the 0'-75' setback zone, coming as ,+"I
tM 1.MY111 lt..�_ A��
close as 57' to the defined shoreline ••••+
•! trthtii MlM •f•••
elevation. The accompanying diagram shows Ht..,t,.•.•„t.,.
how the house is organized in terms of
formal, informal, and private areas. ,.
M S & R
Members of the Orcno city Council
22 November 1989
Page 2
Our initial design work suggested a plantroom
off the sunroom, which would have made the
most sense based on the design of the
existing house and how the Pillsburys use it.
However, the location was clearly too close
to the lake.
Its current proposed location off the master
bedroom suite still allows it to be adjacent
to the work and informal living areas of the
house. We had pursued a tub room addition,
annexed to the plantroom, that would have
been an ideal solution to dealing with the
Pillsburys' arthritis problems, but decided
to eliminate it to minimize the amount of
hardcover within the 0'-75' zone and to
reduce the overall visual impact of the
addition from the lake. Note that the
southeast corner of the addition would come
no closer than 58.5' to the lake.
Orchids require bright but filtered sunlight.
The proposed location of the plantroom on the
south side, screened by deciduous trees and
the trellis -like roof overhand, is ideal for
cultivation. It is long and narrow in form
to maximize exposure to the sun. It is quite
small in size (about 210 s.f.), j11^l" long
enough to accommodate the orchids d just
wide enough for two chairs. It also aligns
perfectly with the reinforced existing
circulation axis leading from the front
entrance hall. We have reviewed all
conceivable location options :or the addition
with the Pillsburys, especially since they
are involved in interior remodeling, but can
come up with no feasible alternative. the
proposed addition represents the only
acceptable location.
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L3-
Members of the Orono City Council
2.2 November 1989
Page
we believe that the water drainage proposal, prepared by Herb
Baldwin and reviewed with the City Engineer, will completely deal
with runoff. A line of 61'- perforated drain tile will conduct
water to a wet well with a perforated cover from where it will be
dispensed to and percolated through the 75'-250' area (see
exhibit A). The existing terrain along the house already drops
away from the lake embankment so that the proposed arrangement
will simply be a reinforcement of current drainage patterns. We
are also willing to eliminate 68 s.f. of stone steppers and 16
s.f. of retaining wall to .-urther reduce the impact of water
runoff (see exhibit B). The retaining wall, screened by
plantings along the lake side, is itself an effort to manage
water runoff, in this case so that it does not further erode the
embankment, which is already slumping in spots.
Finally, we wish to bring to your attention the fact that
hardcover additions within the 0'-75' setback zone will represent
only a small percentage increase. (Hardcover in the 250'-500'
zone is only 6.3%, and in the 75'-250' zone will be only 18.3%.)
The following matrix represents existing and proposed changes
.1ithin the 0'-75' zone (see also exhibit C):
Existing % Proposed % Difference
Perk,. ,nt Structure 595 2.2 765 3.0 170
Retain. q Walls/Stairs 325 1.2 421 1.6 96
Paving ! 71 2,_. _ 6i1 _2.3 40
TOTAL 1,491 5.7 1,797 6.9 306
Unfortunately, there s virtually no existing hardcover that
could be removed to compensate for increases elsewhere.
We have worked with the Pillsburys to design an addition and
landscaping plan that has minimal environmental and visual impact
for others. That has always been their wish. We believe our
proposal accomplishes this while satisfying the requirements of
Orono's ordinances and provisions for hardship variances. We
look forward to further discussing the Pillsbury's request with
you during the November 27, 1989 meeting and answering any
remaining questions you may have about the project.
Si erely,
Thomas Meyer
encl
cc George and Sa1Ty Pillsbury
Herb Baldwin
U30/LI12269 r1-c
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Michael F. Gaffron, Asst Planning & Zoning Administrator
Date: November 22, 1989
Subject: #1468 Georqe Pillsbury, 1300 Bracketts Point Road
varianceiConditional Use Permit - Resolution -
Additional Exhibits
Discussion
This item was "at) I ed at your November 13th meeting at the
applicant's request, +n order for- applicant to provide additional
supportive informs n.
in addition to the attached memo * d exhibits of November
9, 1989, applicant has submitte(4 the ched 3-sage letter and
additional exhihitp A, B and C.
00,
MINUTES OF THE ORONO COUNCIL MEETING NOVEMBER 27, 1989
ZONING PILE #1463-CONTEL OF MINNESOTA CONTINUED
line variance by 11. A landscaping plan has also been submitted
showing screening on the west and south sine.
It was moved by Councilmem- Nettles, seconded by
Councilmember Peterson, to adopt Res.;.ution 42734, approving the
conditional use permit and residential side lot line setback
variances. Motion, Ayes=5, Nays=0, Motion passed.
#1468 GBORGE PILLSBURY
1300 BRA POINT ROAD
VARIANCE/CONDITIONAL USE PERMIT
RESOLUTION
City Administrator reported that the applicant had
previously requested that this appl_'cation be tabled.
It was moved by N-iyor Grabek, seconded by Councilmember
Callahan, to table this application. Motion, Ayes=5, Nays=0,
Motion passed.
ENGINEER'S REPORT
1989 SEAL COAT PROJECT
FINAL PAYMENT*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the second and final payment
to Allied Blacktop, Inc. in the amount of $2,932.49. Motion,
Ayes=5, Nays=0, Motion passed.
PLANS AND SPECS - WELL #3*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the attached well
specifications and to authorize the City Engineer to advertise
for and receive bids on January 5, 1990. Motion, Ares=5, Nays=0,
Motion passed.
CHANGE ORDER #2
HIGHWAY 12 - SEMER/WATER*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve change order 32 for the sewer
end water improvements for Highway 12. Motion, Ayess5, Nays=O,
Aotion passel.
MAYOR j C 0M "T T. REPORT:
PROCLAINATION - DRUG AR REMESS WM DECR"RR 3-9, 1989
RESOLUTION i2735
Councilmember Goetten expr •seed her concern reg.traing the
introduction of the DARE progra in the Orono Schools. Goetten
said that it would be wonderful if a decision could ;3e made iii
honor of drug awareness week to have the program begin in the
schools.
It was moved by c��um-i.lrrember Callahan, seconded by
Councilmember Peter ion, ro adopt Resolution 02735, designating
APPLICATION NO. 1468
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323 473-7357 Date of Notice: 11/28/89
---------------------------------------------•-------------------------------
TO: George Pillsbury COPIES: Thomas Meyer
1300 Bracketts Point Road Meyer, Scherer & Rockcastle
Wayzata, MN 55391 325 Second Avenue North
Minneapolis, MN 55401
Herb Baldwin
4196 West 185th Street
Jordan, MN 55352
---------------------------------------------------------------------------
?YPE Of APPLICATION: Variance/Conditional Use Permit
---------------------------------------------------------------------------
DATE OF MEETING: 11/27/89 VOTE: 5 For 0 Against
---------------------------------------------------------------------------
COUNCIL ACTION - NOTION:
Tabled at applicant's request. This item will be rescheduled for the
January 8, 1990 meeting. Any additional information you wish to submit for
review should be received by December 29, 1989.
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City of Orono
1335 South Brown Road
Orono, MN 55391
Re: Mr. and Mrs. George Pillsbury
Application No. 1468
Ladies and Gentlemen:
We represent the Pillsburys in their application to the City
Council for variances and a conditional use permit per the above
application, as amended. I have reviewed the staff report,
planning commission ,i.inutes, and proposed resolution granting the
applicants' requests. I have reviewed all of the materials in
the file including the amendments to the application made by Tom
Meyer per his letter of November 22, 1989 and those made by this
letter. Noting the concerns of the staff in their report and the
"no" votes on the planning :ommission, on behalf of the
applicants I present the following.
First, the Pillsburys had Tom Meyer ara Herb Baldwin reinventory
the site during the week of December 26, 1989. There is a picnic
area containing about 330 square feet of hardcover consisting of
pavers near the dock 25' from the lakeshore. Originally, this
hardcover was overlooked because the pavers are somewhat widely
spaced and have overgrown with grass to a significant degree
over the past decades.
The Applicants hereby amend their_4pXlic,3tion by agreeing to the
rr�movol of the 330 square feet of payers which constitutes a
,eductinn in existing hardcover in the 0-75' zone from 1,491
square feet to 1,161 square feet. The amount of reduction of
existing hardcover (330 q. ft.' exceeds the amount of new
hardcover (306 sq. ft.) c7ey are asking to place in the 0-75'
zone. Thus, there will be a net reduction in hardcover in the 0-
7t•' zone from 1,491 square feet to 1,467 square feet, or 24
square feet. This fact creates ar entirely different legal and
practical scenario before the city council compared to that which
was before the planning commission in that the net new total
LINDQUIST & VENNUM
City of Orono
December 29, 1989
Page 2
improvements will cr!nstitut( a netreduction in hardcover in the
0-75' zone.
Second, the applicants and Tom Meyer have done everything in
their power to move the building ad�4itior as far from the
lakeshore as possible and to reduce _.-,e as much as possible.
But for the reasons stated in the application, namely design of
the house, location of driveway, location of living areas inside
the house, the need for the sunlight to come in from the
southeast, the benefit of retaining existing mature birch trees,
neither the size nor the location of the addition to the house
can be further decreased.
All such cases as this are difficult. Nevertheless, there are
compelling reasons these variances and conditional use permit
should be granted. It appears from the application as amended,
the staff report, anti the draft resolution I enclose that there
are more than adequate and acceptable reasons for finding a
hardship and granting the variances and conditional use permit
requested. The enclosed resolution providt�s ali of the necessary
findings of fact to document the wholly unique circumstances
present in this case which together more than comply with the
variance standards.
Without restating the draft resolution in its entirety, those
compelling reasons are that the house is an architecturally
significant house more than 40 years ole. The house was
constructed on a lot which is 50 percent larger than even present
day minimum lot size standards require in this zone. The lot
vastly under -utilizes the hardcover allowed. The reverse slope
of the land is the primary reason the house is within the 75'
zone in the first place. Much of the new hardcover is fcr the
purpose of stabilizing the embankment. The actual house addition
is only 170 square feet and because of the layout of the house
the addition cannot go anywhere else since it is for living area
purposes. With the above amendment to the application there is
now a net reduction of hardcover within the 0-75' zone.
Virtually no other property on the lake has this tinusual
coincidence of facts.
While the Orono Councii does look hard at variances, and should
look hard at this one, I feel confident. that when all of the
foregoing facts and circumstances are taken into account that the
reasonableness of the variances to allow an addition to this
house should be granted. If you have any questions about the
fa is or if you would like to view the property, please don't
LINDQUIST & VENNUM
City of Orono
December 29, 1989
Page 3
hesitate to call either me at 473-4208, Tom Meyer at 375-0336,
Herb Baldwin at 4�,2-2180, or George Pillsbury at 338-3873.
Thank you.
Respectfully submitted,
LINDQUIST�i VENNM /
Robert G. Mitchell, Jr.
RGM:skr
Enc.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 i 2,
SECTION 10.55, SUBDIVISION 8, AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE 11468
BACKGROUND
1. George e.nd Sally Pillsbury (hereinafter "the
applicants") are the owners of the pr,,erty located at 1300
Bracketts Point Road within the Citv of Orono (hereinafter
"'City") and legally described on Exhibit A attached (hereinafter
the "property").
2. The applicants have made application to the city of
Orono for variances to (a) Municipal Zoning Code Section 10.2-2,
Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
construct a greenhouse addition and a retaining wall within the
0-75' lakeshore setback zone, resulting in structure and
hardcover in the 0-75' zone where no structure or hardcover is
normally allowed, and which greenhouse addition encroaches past
the defined average lakeshore setback line where no encroachment
is normally allowed, and further (c) requesting a conditional use
permit for grading work within the 0-75' lakeshore setback zone
per Section 10.03, Subdivision 19.
3. The Orono Planning Commission reviewed t`Ae
application October 16, 1989 and recommended approval of the
proposed variances and conditional ure permit on a vote of 5-2,
based on the following findings:
A) The average lakeshore setback encroachment will
not impair any existing lake views enjoyed by neighboring
property owners.
B) The retaining wall and associated grading
proposed at the top of the lakeshore bank is necessary for
preservation of the lakeshore bank, which is currently
exhibiting some slumping effect. The 24--30- proposed
height of the single proposed retaining wall is low enou�-,..
that the wall can be easily screened using existing and
additional vegetation cour_ed with the stone construction
materials proposed.
C) The proposed hardcover increase from 5.7% up to
7.6% (based on the extent and size of the improvements at
that date) in the 0-75' setback zone is relatively minor
in its impact on the lake given the relatively large 0-75'
zone. Further, the effect of the additional hardcover in
Page 1 of 5
the 0-75' zone is minimized by the proposed drain tile
which will collect runoff between the residence and the
shoreline and transport the runoff to the 75-250' zone for
below grade and overland dispersal.
D) The lakeshore setback variance is justified by
the need for southeast exposure for the proposed growing
of orchids, this being the only suitatle location for such
a greenhouse addition because of the existing ^;ientation
and location of the house. Further, the elevation of the
existing house and proposed greenhouse addition above the
lake and the height of the lakeshore bank will tend to
minimize the visual impact of the greenhouse as viewed
from the lake.
4. This application was reviewed as Zoning File #11468.
FINDINGS OF FACT
NOW, THEREFORE, BE TT RESOLVED by the City Council of
Orono, Minnesota:
5. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District; is approximately 2.96
acres (128,938 sq. ft.) in area, which is almost 50$ larger than
the minimum lot size required of 2 acres. Distribution of area
is as fol lowf :
Lot Area: 0- 75' - 25,925 sq. ft.
75-250' - 62,900 sq. ft.
250-1'00' - 40.000 sq. ft.
128,825 sq. ft. = 2.96 AC
Hardcover:
,4istingAllowed_
Sa.Ft... __1AL.._. Sg,Ft. ($)
0- 75' 1,491 ( 5.7%) 0 ( 0 %)
75-250' 11,450 (18.2%) 15,725 (25 %)
250-500' 2.500 ( 6.3%) 12.000 (30 %)
Total: 15,441 (12.0% avg) 27,725 (21.5% avg)
6. The house was built in 1949 and then complied with
all existing ordinances. The land between the house and the lake
consists of a steep embankment with a reverse slope extending
westward from the top of the embankment. The steep ec.,bankment
creates an erosion problem.
7. Given the lie of the land, the date of construction
of the house and the location of the Pillsbury house to the
south, the house is a reasonable distance from the lakd (closest
point is 57' from the lake). Such house location was permitted
Page 2 of 5
when the house was built 40 years ago. The house is as close to
the lake as it is larqely because of the reverse slope which made
it necessary to move the house closer to obtain a view of the
lake.
8. In response to Planning Commission input, the
applicants' reviewed and reanalyzed the hardcover on their site.
In such further review it was determined that there is a 330 sq.
ft. area of large pavers near the dock about 25' from the
lakeshore. The applicants amended their proposal by letter dated
December 29, 1989 to delete the 330 sq. ft. of pavers for a net
reduction ii existing hardcover in the 0-75' zone of from 1,491
sq. ft. to 1,161 sq. ft.
9. The hardcover computation, after reduction in size of
applicants' proposed improvements and removal of existing
hardcover (pavers by the lake) subsequent to the Planning
Commission action, as follows:
See "Data Sheet' attached
In the 250-500' zone the hardcover 6.3% where the
allowed hardcover is 30%. In the 75-250' zone the hardcover used
is 18.2%; the increase is only 1/10th of 1% to 18.3%; and the
allowed hardcover is 25%. In the 0-75' zone, the hardcover
dating from :.949 is only 1,491 sq. ft. or 5.7%. With the removal
of pavers by the lake, there will be a net decrease in hardcover
in the 0-75' zone from 1,491 sq. ft. to 1,467 sq. ft., a 24 sq.
ft. reduction.
Taken as a whole the hardcover on this lot, which is 50%
larger than the minimum lot size, will be only 15,461 sq. ft.
when the allowed hardcover on this site would be 27,725 sq. ft.
Therefore the applicants are aiding the lakeshore drainage by
under -utilizing the allowed hardcover and decreasing the
hardcover in the 0-75' zone.
10. While 170 sq. ft. of the 306 sq. ft. o: new hardcover
constitutes a portion of the new greenhouse, other parts of the
hardcover including the retaining wall/stairs (96 sq. ft.) and
paving (40 rq. ft.) are for the purposes of landscaping,
screening and better stabilizing the embankment down to Lake
Minnetonka. The embankment has suffered some erosion damage over
the years. :,ignificantly, the applicants' drainage plans call
for bettermerkt of the existing eroding condition, by directing
water away from the embankment. Such drainage plan is a
significant improvement to contr^1 erosion.
11. The applicants are in their 60s and suffer from
arthritis. The proposed additional area of ground floor, bedroom
living space will assist them to better remain in their home
(rather than having to climb stairs to bedroom areas) and the
Page 3 of 5
high humidity i► the greenhouse adjacent to the bedroom is
beneficial to reduce the impact of arthritis
12. The existing 1949 hcuse is as close as 57' to hake
Minnetonka which was permitted when the house was constructed.
All parts of the new house construction will be further from the
shore of Lake Minnetonka than 57' with the closest such new
portion being 58':' from Lake Minnetonka. Views from, adjacent
houses are not impactee by the addition.
13. G'ven the layout of the house and the configuration
of the shoreline there is no reasonable alternative location for
an addition to the master bedroom for additional area for it and
for use as a greenhouse since such improvements must be on the
southeast side of the house. The applicant did reduce the size
of the proposed addition and move it as far to the west to comply
with Orono ordinances as best as possible under the
circumstances.
14. The house has architectural significance.
15. The findings of the Planning Commission majority set
forth at paragraph 3(A)-(D) abo,.e are adopted by the Council.
16. The combination of the above factors is justification,
fir the addition applicants wish to make in the zone within 75'
of Lake Minnetonka, the placement of the addition 58.r- feet from
the lake and installation of requested retaining wall, stairs,
paving, grading, and drainage system. The conditions existing or,
this property are peculiar to it and do not apply generally to
other property in this zoning district. Granting the variances
will not adversely affect t ffic conditions, light, air nor pose
a fire hazard or other danger to neighboring properties. The
variances are not merely conveniences to the applicants, but are
necessary to alleviate the foregoing hardships and difficulties.
The variances are necessary to preserve substantial property
rights of the applicants and are in keeping with the spirit and
intent of the Zoning Code and Comprehensive Flan of the City.
There is a net decrease of hardcover in the 0-75' zone.
CONCLUSIONS, ORDER AND CONDITIONS
17. Based upon the above findings, the Orono City Council
hereby grants variances to (a) Municipal Zoning Code Sections
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
permit construction a greenhouse addition and retai.ing walls
in the 0-75' lakesh setback zone, and further (c) grants a
conditional use perms_ or grading and retaining walls in the +„
to 75' lakeshore setback zone per Section 10.03, Subdivision 19,
according to the applicants' application, as amended, subject to
the following conditions:
Page 4 of 5
A) Applicant shall provide the City Engineer with a
detailed final grading and retaining wall plan, which must
be approved before permits can be issued for the
grading/retaining wall construction. The City Ergineer
shall work in conjunction with the applicants to establish
suitable limits for the grading work.
B) The applicants shall maintain existing
vegetation on the lakeshore Lanx as proposed, and shall
plant additional vegetation to screen the proposed 241-300
high retaining wall from the lake to reduce its visual
impact. Applicant shall use native materials and natural
coloring to minimize the visual impact of this wall to the
greatest extent possible.
C) As proposed, the applicants shall construct a
drain tile system between the existing residence and the
lakeshore, to redirect the drainage from the 0-75' zone to
the 75-250' zone for dispersal.
D) As proposed, the applicants shall remove the
sq. ft. of pavers near the lake.
18. Authorities granted by this resolution run with the
)roperty not with the applicants, but are permissive only and
must be exercised by application for a building permit within one
year of the date of Council approval, or the special conditions
of this resolution will expire on that date (January 1991).
19. Violation of or non-compliance with any of the terms
and conditicns of this resolution shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shr11 be punishable as a misdemeanor.
20. The undersigned ap,licants have read, understood and
hereby --tree to the terms of this resolution and on behalf of
themse .s, their heirs, representatives 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 day of
January, 1990.
ATTEST:
Dorothy M. Hallin,
City Clerk
Property owner(s)
Page 5 of 5
Mayor
Existing
SU, Ft.
Remoyed
Sa, Ft,,
Added
Sa, Ft,
Net New
Sa, Ft.
Total
Allowed
Sa, Ft.
250-5001
2,500
( 6.3%)
-0-
-0-
2,500
( 6.3%)
12,000
(30 �)
75-250'
11,450
(18.2%)
-0-
+ 44
11,494
(18.3%)
15,725
(25 �)
0- 75':
Perm. Struc.
595
( 2.2%)
-0-
+170
765
( 3.0%)
Rot. Haile/Stairs
325
( 1.2%)
-0-
+ 96
421
( 1.68)
Paving
571
( 2.2%)
•-1"
+-i4
281
(1...1%.)
Subtotal
1,491
( 5.6%)
-330
+306
1,467
( 5.5%)
-0-
( 0 �)
Total
15,441
-330
+390
15,461
27,725
(21.5%)
5 ,s Mayor Grabek & Orono Cour� , 1 N' .•rs
City Administrator Sernh —F,n
From: Michael P. Gaffrnn, A.sst rl,-nning & Zoning Administrator
Dates January 3, 1990
Subjects #1468 George Pi.11sbur. 300 Bracketts Point Poad -
Variance/Conditional Use Permit
Application - Request fvr hardcover, se+ ack a, age
lakeshore s-ttaci variances zr.d c rlitiu ' use 3 for
addition ana minor q-adi- g it lake* ore yai
List of Exhibits -
ExhiE_ t A - 12/29/ d. of Request f i oio Applicant's
Attorne- ^soIutior (nrafted by
Appl ice,,. :-o: Hardcover
Calculations
Exhibit B - Memc & Exhibits /22/89
Exhibit C - Memo & Exhibits !. ' `?/Pr
Introduction
The opplican ; to c.onst.uct a 9zeenhouse
addition, retainio, and walkways, mostly in the 0-
75' setback zone. ading is proposed at the tot, of
tht• lakeshcre bp- , �)r with the rota ir.i rq wa 1 Is.
corner r _ol zise:. •greenhouse rw:: 1 be '�8.5' from the
Sri : ne. A core . ; :,e es ist house ocated 57' from
t.. sh:,reline.
ti•isting hardcover in the 0-75' zone is 1,491 s.f. (_951.6%).
Applicants have rE ised their original application tc include
concur, t hardcover remcva' 'n the 0-71-1' zone, resulting in a
decrea,e to 1,467 s.f. (.5.5� .•1`Hardcuver in the 75-250' and 251-
500' .-ones is substantially less than the hardcover allowance for
this 3 acre 7,rot erty.
*'; srussion -
Incl. .ed in your jacket is all the informatio: eviewed : y
the Plann ng c mmission, ►-lus additional supportivi inft,rmation
from the appiicants' architp(,t (le•ter of 11/22/89) and the
applicants' attorney etter o: 12/29/89). *uGlic;.nts' attorney
hoe drafted a resolution derailing pobsih. dings of fact in
supr�orr of approval of the apt licatior. ,
Zoning File #1468
January 3, 1990
Page 2 of 3
Planning Comission Rec- endation -
At their October 16, 1989 meeting, Planning Corhmi on
re ommended apprr,va: -t the hardcover and setback varian,:es and
cor.'itional use pern, for grading, on a vote of 5-2. their
miz city opinion, Planning Commissioners 'ey -^ Cohen
indicated that tl�ey felt that there was :.p nor
justification shown for the increase in hardc ucture
in the 0-75' zone.
The comments from the Fanning Commiss=.oners r,�commend_'ng
approval indicated that the relatively low percentage of
hardcover in the 0-75' zone coupled with the fairly insignificant
visual ;mpact From the lake, are positi,e aspects of the request,
as is :he in, nt to direct drainage away from the shoreline
(applicants prc,.,ose to construct a curtain drain to collect run-
off from the Lakeshore side o: the house and redirect it to the
75-250' zone).
Planr,'.ng Commis ion also directed apl,licint to work with the
City Engineer regarding the grading work at t`,e top of the
The ma jo-4 ty of the Planning Commisr i - el t that the hank
gradin: F •-k -was appropriate and probably necessary regar-I' ess of
whether greenhouse aae constructed. Some slumping of the
la;.eshort .ik is visible.
RegarAi the average lakeshore setback variance, Planning
Commissic It that no neighboring resid(nces would ha� their
existing v„-ws affected by t : prot,oLed addition.
Note that the 330 s.f. of (avers pratosee foi r ;al were
included in the originally no*ed 1,491 f.f. of xi,,_..Lng 0-75'
hardcover (confirmed by landscape architect). z-agraph two of
the letter from rpp3 icant's attorney should nc; be .•onstrued as
"recently discovered" hardcover.
Swmeary of Variance/Corditior .A -se Permit Request- -
1. Average lakeshore setback variance.
2. Variance for r,tzw structure located 59.5' f ror shoreline,
75' rrquirerd.
3. Barcico -er varian-P 0-75' zone, ret :srrdcover reduction
proposed.
4. Conditional use Permit and variance - 'in4 wor- in
0-75' zone.
Zoning File #1468
January 3, 1990
Page 3 of 3
Staff Rece endati,3n -
The City has rarely granted variances to al'ow a hardcover
increase in 0-75' zone. The proposed removals with net
reduction ;.f hardcover constitute a positive aspect of the
request. Council must determine if the setback variance for
additional structure in the 0-75' zone Is support ' by adequate
justification and hardships. Can this addition .•asonably be
located in a more conforming location?
Please carefully review the resolution drafted by
applicants' attorney. That draft summarizes the applicants'
stated hardships and justifications for the profosal.
If Council feels that the stated hardshir— and
justifications adequately support granting of the vari4 ; and
conditional use hermit., that resolution is in a format t!. •ould
be adopted by Council with minor revisions.
If Council determines that denial is appropriate, auplic-
might be expected tc request approval for the retaining walls L.i6
grading to 1, serve the Lakeshore bank.
Council has the following options of action:
I. Approval per applicants' draft resolution.
2. Partial or conditional approval.
I. Denial, directing st: to draft a resolution of denial.
4. Tarle f diticnr1 specific information.
5. Other.
MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990
ZONING FILE #1452-PEMBERTON CONTINUED
going to have to stand up and be counted on something like this.
Are we going to allow people to build over a deck in the 0-75?"
Goetten further said to Mr. and Mrs. Pembertons, "You buy
property, and you have these existing situations and sometimes
you are just not able to do the kinds of things that you might
like to do with a substandard piece of property. This '.s
substandard; this is lakeshore".
Mayor Grabek said that he could not disagree with Goetten
and that the concern of covering over decks is often relayed to
an applicant when approval for a deck is given. Grabek said "My
only concern with this one, as with the other one, is that it is
not someone wanting to add on the entire deck, it's squaring off
a room". Grabek said that he has troible with these when the
applicants work with the City in alleviating hardeover concerns.
Bernhardson posed : hypothetical question of whether the
Council would allow this application if the deck did not exist..
The general consensus was no.
It was moved by Mayor Grabe'-. seconde' by Councilmember
Nettles, to allow the variance for the 95 s.f., provided that al 1
of the hardcover proposed to be removed, is removed and so
verified by staff. Nettles said that he had previously voted
againp-!. this and had been prepared to vote no again. He felt,
however, the applicants had made significant changes in terms of
accomplishing what he considered to be the more important of two
goals. Mayor Grabek asked that there be strong language included
in the resolution prohibiting any additional building in the 0-
75' setback area and an explanation of the pre-existing deck.
Councilmember Peterson asked whether or not the Pembertons would
still consider removing the deck? Mr. Pemberton replied that he
would prefer not to. Motion, Ayes-2, Goetten, Peterson and
Callahan, Nay, Motion failed.
It was moved by Councilmember Goetten, seconded by
Councilmember Peterson, to conceptually deny this application and
direct staff to prepare a resolutio.. of denial for }he January
22, 1990 Council Meeting. Motion, Ayes-3, Grabek, Nettles, Nay,
Motion passed.
#1469 (3EORGE PILLSBURY
1300 DRACICETTS POINT ROAD
VARIAHM/ CONDITIONAL USE PERMIT
Mr. and Mrs. Pil.sbury were present for this application, as
were Mr. Herb Baldwin, Landscape Architect, Mr. Thomas Meyer,
Architect and Mr. Bob Mitc:• _ 11, Attorney,
City Administrator Bernhardson explained _fiat this
application involved the approval of variances to construct a
greenhouse and a conditional use permit to do minor grading of
the lakeshore bank. Pernhardson said, "Since this matter was
7
MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990
ZONING FILE i1468-PILLSBURY CONTINUED
before the Planning Commission, the applicants have revised their
proposal so as to decrease hardcover further to 5.5%.
Gaffron showed a sketch of the proposal. Gaffron said that.
the City Engineer has reviewer' the preliminary grading plan and
has indicated that the proposal is appropriate. Gaffron also
noted that one corner of the greenhouse will be 58.5' from the
shoreline and that a corner of the existing house is located 57'
from the shoreline. Gaffron said that the drainage system being
proposed is unique.
Mr. Mitchell explained that the Pillsburys have revised
their initial pla.� twice in an effort to work with the City and
reduce the size of the addition. Mr. Mitchell said that the
paving stones proposed for removal have always been included in
the hardcover calculations. Mr. Mitchell said, "the situation
here, in terms of the requests are primarily for varianc-s.
Variances, as you know, we frequently talk in terms of a
hardship, but when you break down the elements of the hardship
they are considered to be: to look for unique qualities, property
rights of the applicant that you are preserving, to look for
adverse or no adverse effects on the neighbors, to look for
comprehensive plan violaticns and whether the applicant has
created t:.e situation which is required to be varied from". Mr.
Mitchell said that there are facts in -his application relative
to those elements that in combination make a hardship. Tn this
case there is an unusual situation because the lot is 50% larger
than the required minimum. The percentage of hardcover in the
two zones further from the lake is vastly less than that which is
allowed. Mr. Mitchell noted that the Planning Commission had
voted 5 to 2 in favor of this application without the recent
revision to remove the paving stones.
Mr. Pillsbury said, "we really think that we are doing
something that people who live around the lake want done and that
is to reduce the runoff. The minor ad:!ition really fits in with
the scheme of the house".
Councilmember Callahan questioned whether the conditional
use permit was separate from the application for the greenhouse:'
Gaffron replied that there is only one application with two
facets. Gaffron asked the Pillsburys whether they would proceed
with the shoreline restoration if the greenhouse were dr--?ed''
Mr. Pillsbury said they would not ltt the bank roll into the
lake but he did not know whether they would proceed to the
degree now proposed. Mr. Pillsbury said that -hey probably would
not remcve the paving stones if the additior .cos not approved.
Mrs. Pillsbury noted that the existing hedge alon4 the bank
is falling into the lake and something will have to be done.
It was moved by Mayor Grabek, seconded by Councilmember
8
MINUTES OF ORONO COUNCIL MEETING OF JANUARY 8, 1990
ZONING FILE #1468-PILLSBURY CONTINUED
Nettles, to approve the hardcover, setback, and average lakeshore
setback variance= and the conditional use permit for the
Pillsburys. Councilmember Gcetten indicated that she would
support the conditional use portion of this application. Goetten
said that she had to be consistent, however, and has never
approved any r.ew hard over within the 0-75' setback zone.
Goetten said that she could see no real hardship for the
greenhouse and questioned if it could be located elsewhere.
Goetten said that she tries to be fair, but feels this would be
precedent setting if approved. Councilmember Callahan said that
the charact.,-�ristics of the lot are such that a hardship is not
difficult to find. Callahan said that he too, however, must be
consistent and could not vote favoratly for new structure within
0-75' of the lake. Motion, Ayes-2, Gcetten, Peterson, Callahan,
Nav, Motion failed.
Mr. mitchei l said that there is no other location for the
greenhouse that would remove it entirely from the 0-75' zone
becaus- of the location of the house.
Mayor Grabek said that the �'ounci 1 cannot to 1 1 the
Pillsburys where to locate the greenhouse otter than i location
out of the 0-75' setback area.
Mr. Baldwin said that one o° the problems with locating the
greenhouse elsewhere is that the plant iraterial the Pillsburys
wish to culture requires exposure provided in the location
proposed. Mr. Baldwin said that the best exposure would occur if
the greenhouse were located more to the east. However, in that
location, there would be further encroachment into the 0-75'
setback zone.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to direct staff to prepare a resolution
of denial of the structure addition wh' le i..corporating approval
of the retairing wall work. Motion, Ayes-3, Grabek, Nettles,
Nay, Motion passed.
#1480 ED TOTE
725 OLD CRYSTAL BAY ROAD SOUTH
VACATION/VARiANCES
RESOLUTION OF DENIAL #2704*
It was moved by ;ilmember Nettles, seconded by
Councilmember Peterson, pt Aesolution #2744, denying a 0.9'
side setback variance a proposed deck addition at 2811
Farview Lane. Motion, Ayes-5, Nays-0, Motion passed.
ENGIIKBER' S REPORT
HIGHWAY 12 SEWER AND WATER PAYMENT*
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, t-, approve payment request 02 for
Albrecht Excevating, Inc., in the amount of $59,418.59. Motion,
Ayes-5, Nays-0, Motion passed.
9
APPLICATION NO. 10 ",
CITY OF ORONO
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 Date of Notice: 1/9/90
TO: George Pi 1 lsbury COPIES: Robert G. Mitchel I, Jr.
1300 Bracket.ts Point Road Lindquist & Vennum
Wayzata, MN 55391 740 Fast Lake Street
Wayzata, MN 55391
Thomas Meyer cierb Baldwin
Meyer, Schere 6 Rockcastle, LTD Landscape Architect
325 Second Avenue North 4196 Wes`. 185th Street
Minneapolis, MN 55401 Jcrdan, MN 55352
-----------------------------------------------------------------------------
TYPE OF APPLICATION: Variances
---------------------------------------------------------------------------
DATE OF MEETING: January 8, 1990 VOTE: 3 For 2 Against
COUNCIL ACTION - NOTION:
Staff to draft resoluticn for denial of variances to allow greenhouse
addition in 0-75' zone. Also to draft resolution for approval of
Conditional Use Permit/variance for grading and retaining walls in 0-75'
zone.
Please advise staff if you wish to revise your application or have
further information to submit. for Council review.
The above noted resolutions will be presented for Council review and
adoption at their Monday, January 22, 1990 meeting (meeting starts at 7:00
P.M.)
If you desire certified copies of the official council. minutes, they
are available! from the City Recorder or City Clerk after review ar.d
apt : c a i t.y the City Council.
TO: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From Michael P. Gaffron, Asst Planning & ?oning Administrator
Date: January 16, lg9G
Subject: #1468 George & Sally Pillsbury, 1300 Arac•kEtts Point Road -
Variance/Conditional Use Permit - Reques_ for Tabling
At your January 8, 1990 meeting, Council voted 3 in favor, 2
against, for conceptually denial of variances for the proposed
greenhouse addition. Additionally, Council directed staff t(-.
draft a resolution for such denial, while incorporating language
for approval of the conditional use permit and variance for
grading and retaining walls in the 0-75' zone. It is anticipated
that this work will ultimately be necessary to preserve the
lakeshore bank, whether or not the greenhouse is constructed.
The appl nts have requested that this application be
tabled in order that they may further consider their options.
Moved by _ , Seconded by r , to tat l e application 41468
George & Sally Pillsbury, 1300 Araclletts Point Road, at the
applicants' request. Ayes �, nays
MINUTES OF THE ORONO COUNCIL MEETING OF JANUARY 22, 1990
ZONING #1452-PEMBERTON CONTINUED
done the same for the Pembertons. Goetten informed Mrs.
Pemberton that she had no objections to tabling the application,
she was concerned about the inconsistency with the City's
ordinance.
It was moved by Councilmember Nettles, seconded by Actina
Mayor Callahan, to table application 01452. Motion, Ayes-3,
Peterson, Nay, Motion passed.
#1468 GEORGE PILLSBURY
1300 BRACRETTS POINT ROAD
VARIANCES/G IDITIONAL USE PERMIT
It was moved by Councilmember Nettles. seconded by Acting
Mayor Callahan, to table application 41468. Motion, Ayes-3,
Peterson, Nay, Motion passed.
#1469 CITY OF ORONO
INTERSECTION OF NORTH ARM LANE AND COUNTY ROAD 151
CONDITIONAL USE PERMIT
Councilmember G,_ etter as'<e r! where the siren was originally
proposed to be located?
Bernhardson re, -)lied that the original location was en
Windjammer Lane.
Mabusth Wed that there had been objection to that location
expressed by the adjacent property owners.
Councilmember Peterson questioned what +-he cost of the siren
will be?
Public Works Director Gerhardson replied that it would be
necessary to take bids for the siren.
It was moved by Councilmember Nettles, seconded by
Councilmember Peterson, to approve the c-nditi.onal use permit for
the City of Orono to place a civil defer.,.c siren in the right-of-
way at the intersection of North Arm Drive and County Road 151.
Motion, Ayes--4, Nays-0, Motion passed.
#1479 DOUG WILLIAMS/LF.CY CONSTRUCTION
1020 TONRAWA ROAD
VARIANCE
RESOLUTION #2750
City Administrator Bernhardson provided a brief summary of
this appilcation for % lot width variance.
Mr. Williams a-d Mr. Stielow were present for this matter
and had no comments.
It was moved by Councilmemher Goetten, seconded by
Councilmember Peterson, to adopt Reso _lion #2750, approving the
lot width variance for Doug Williams/ -cy Construction. Motion,
Ayes-4, Nays-0, Motion passed.
1
APPLICA`)N NO. 1468
CITY OF ORONO
P.O. BOX 6 E NOTICE OF COUNCIL ACTION
Crystal Ball, MN 55323 413--35' Date of Notice: '_/26/90
--------------------•-------------------------------------------------------
TO: George Pillsbury COPIES: Robert G. Mitchell, Jr.
1300 Bracketts Point Roar' Lindquist & Vennum
Wayzata, HN 55391 '40 East Lake Street
Wayzata, Mt: 55391
Thomas Meyer Herb Baldwin
Meyer, Scherer & Rockcastle, LTD Landscape Architect
325 Second Avenue North 419E West 185th Street
Minneapolis, MN 55401 Jordan, MN 55352
---------------------------------------------------------------------------
TYPE OF APPLICATION: Variances
---------------------------------------------------------------------------
DATE OF MEETING: 1/22/90 VOTE: ? For 1 cainst
------------------------------------------------•---------------------------
COUNCIL ACTION - MOTION:
Tabled, at applicant's request. vlease ccntact staff to Ter fv at which
future Council meeting you wish to appear. Fut:-re mee_:ngs are scheduled
for February 12, February 26, Yarch 12 and Yarch 2E. Any additional
information you wish to have the Council rev!ew should be submitted at
least 10 days bef. a the meeting.
To: Mayor Grabek & Orono Council Members
City Administrator Rernhareson
From: Michael P. Gaffron, Asst Plannirg 6 ?onirq Adminis' -ito,
Date: March 7, 1990
Subject: 01468 George & Sall,,, Pillsbi •y, l3nn Brackett--, Point Fc,ar? -
variances/Conditional Use rpi • - Resolution
List of Exhibits
Exhibit A - Denial Resolution - r-7',' ?.one Creenhouse
Exhibit A - Approval Resolution -
Lakeshore Grading/Petaining wall
Exhibit C - N( 4 e-e of ^ounci l Action. 1/26/9n
Fxhibit D - Co (Al Minutes of 1/8/Qn
Fxhibit E - Memo 1/16/90
Fxhibit F - Notice of Council Action '_/O/Q0
Fxhibit G - Memo 6 Exhitits of 1/3/On
on January 8, 19Qn, Council voted 3 to 2 to conceptua I
deny variances fc,r the proposed green hclis- addition. Council
further directed staff to draft a resolu ion for such denial
while i:., ..rpoirating language for approval of the conditional use
permit and variance for grading and, retainirg walls in the 0-15'
zone.
This application wax; tat -led at applicants' request on
January 22, 1990 by a vote of ?-l. The applicants have proposed
no changes it their request since the January 8th r^eeting. Per
Council's direction, the resolut+ons for green hot se lenial and
crr,ctir.g/retaining; w.�' approval have been draftee anI are
aLrached for Council t �.
Moved by , Seconced by . to a..,Ipt resr-; u* i c n #
denying lakeshore &rthark and Fa--r-?Icc,.—r va*=..,ices requesl'Pd—ty
George & Sally Pillsbury, Iinn Sracketts Point Poad, for
construction of a green house. 'yes , nays .
Moved by , Secon(lel t!y , to adopt rF'sol tit i on #
grantir - variances and a con(4,1 -T,na1 use permit request-ZT-6y
George s Fally Pillsbury, lion Pracket*s Point Poafl for
construction of retaining wal l � ar,d o a,"r. ! ,•. the n-'s' set..ack
zone. Ayer; , naye
A RESOLUTION DENYING
VARIANCES TO
MUNICIPAL ZONING CODE.
SECTION 10.55, SDBDIVISI' A AND
SECTION 10.22, SUBDIVIS: 1 6 2
FILE #1468
WHEREAS, the City of Orono i s a municipal corporation
organizer and existing under the laws of the State of Minnesota;
and
WHEREAS, pursuant to State Statutes 412 ef-. s-r -ind
462 et. seq., the City Council of the City of Orono t a ted
zoning regulations for the protectioi W 'he public h--.:" ,
:safety and general welfare; W
NHEEEAS, George & Sally Pi' 1 shury (he-,21nafter ,e
applicants") are the owners of the property lc►c?' -�d at 1300
Brackett's Point Road within the City of Oron , (h.�ce,inafter "the
rity') and legally described as follows:
hit F, attached (herein fte► "the property .; i;d
WHEREAS, the applican.- have made application to the
City o_ Orono for variances to Municipal ?owing Code Section
10.22, Soh%tcisions 1 6 2 and Section 10.55, Subdivis.on P tc,
construe greerhouse addition within #-ho 0-75' lakeshore
setback zo;tt, rebA t ing in st rurt and hat o ver In the 0-75'
zone where no structure or hard is norms 1 owed, an,
whi-h green h(►use: addition encr ►-s part the (Ae -d average
1 akeshore sate •-; k line whe: a no encr-a(.h,. ert it, i., rma ' a 13 uwv
ra n ct
WHRRE.-b, `t+e [ii Courci . a:• r
I e r e e this
application inclodirg the f'_ .(ling& an.i reco!mr
�-tion of
the
Planning Commission,
reports . rity staff, w-
r d ve.nal
comments of the owners,
the c� -ears' attorney
a,0t'tect
and
landscape architect,
i tas c-ctr.sile-red the
efft-1- of
tt:e
proposer \,ariance on
c-it health, safety are
wetfs of
the
community.
NON, THERPPOT :* RAG:" YRD st t he
ri t y Cc.unci i
'
Orono, Mir. �aatri hertz`.
y c.�►..e!, the appI mot ion
Ce�orge 6
ly
Pillsbury fc•r varier -
-� to r �,- ipal '►,,,nir,y
nerd(
.22,
tube:visions } t
.,,d S,e( t• 1f!.55, Sur,,-'i
�1! sic)
For
cony. _rust ion of a
.0,r,c No wi, c.k zc.'lr~
fo:
the nro,— ty legal, _.earr
1t;ve
+t,re of
Payer : c f 4
FINDINGS
1. This application was reviewee as 7or:ng File 4/46P.
2. The property is locates? In th-e I.P-IA Sirgle Fatri ly
Lakeshore Toning pistrict, ane is apprcx irately 2.QF acres
in area, nearly 50% larger than the 2 acre trIttimum Iot sire
required in that zoning eistrict..
'. Hardcover in the 0-75' lak?shore setback zone is 5.7*
where no hardc•o% or is normal 1 y a 1 lowed. 'n the 'S-256'
zone, the existing hardcover iL, 1P.2% where up to 2''S hard-
cover is normally allowed. Tn 250-500' lone, existing
hardcover is 6.1% where up to hardcover is normally
allowed.
4. The applicants have proposed an attache' greenho.use
addition in the 0-75' zone in conjunction with concurte"r,t
removAls of gra(le levr,l hardcover paving Mocks near the
lake in the 0-'S' zone, ' ,_iulting in a net 0-"f' 7(,r*- 1' rd-
c(,ver decrease from 1,401 s.f. to 1,46' s.f., a 74 s.f.
reduction, or a reduction from S.75t to 5.669A.
r. The existing residence was constructed in 1949 and then
complied with all existing ordinances. City Oreir.ance #155
wa:. subsequently aaoptee on October :4, 1473, establishing a
75' lakeshore setback requirement for all new construction
on lakeshore properties. The existing reviAcric.e :f 57' troy+
1.0e M i nnetor.ka. 71he proposed greenhouse adel t i on wi l 1 be
1 ccated as much as 5P.5' from Lake Minnetonka, enci wi l 1 he
located over an area of the property t!at ,,urrently is no+
considered as hardcover.
6. The applicants. Lave proposed a Arairtile system to
collect surface run:-c,ff tetween the buuse and the lake, in
order to t ranspc,rt suet run-cff to the '15-2Sn' zone fc,r
overland Aispersal outside the 0-'S' wvthack 7(jnP.
Tt,*# City Council finds that wl:ilp the- proposed Arairtilp
syt t oor to direct run-off awry from t►+e l ake vay
: ul aotant jelly s►aet the ultimate intent c'f the t.srdcover
ordinance, construct ion oR such a draint i IV syitel" dcWs n4•
alleviate the concerns of visusI encroachment on ttov
larA&,capce K,f adeitional athuve-araAr struct4re it tt«t 0-'S'
aor**.
Paq* : cf 4
8. The Council finds that tt:e appl icants claim that tt:ere
is no appropriate location landward of the ''5' setback 1 ine
at which a green house could be attached to the existing
residence, is not sufficient to justify A lakeshore setback
variance, especially in the light of the large lot si?e and
available unused hardcover allowance in. the ''S-250' zone.
n. The Council finds that atproval of additional structure
in the 0-75' lakeshore setback is not appropriate in this
circumstance where an area of the property is obviously
available where construction of a fully conforming addition
could occur. The Council finds that the interior layout of
the house and the architectural continuity of room layouts
of the existing house are not sufficient ustification for
granting of the variance to allow additional structure in
the 0-75' zone.
10. The Counci 1 rejects the applicants' premise that the
green house is partially justified by the need for higher
humidity for the comfort of the residents, finding that
higher humidity can t,e provided wittin the residence by
other means than a greenhouse ir: the 0-75' zone.
11. -he Council retects the applicant_-..' claim that the
variance is justified by the need for southeast Exposure for
the proposed growing of orchidLe, finding that such an
orientation could he accomplished ty an attached greenhouse
in a conforming location outside the 0-75' setback Zone.
12. Council finds that granting of the requested variances
would result in the Following violations of Section 10.0F,
Fubclivisic,n I (A) of the zoning code w?th which tte
applicant must firt.t comply before the requested variancef.
an he granted:
Ai crartir.g of the proposee variance does not deny the
preservation and enloymrrt of a substantial property
right of the applicant. The it its current
condition has served at, a functional residence or this
property for many years. ThMro is suhrrtantial area
available on which to construct a conforming gre"nio�:s�
addition without the need for variances.
FO Cranting the rvqueetec4 vatiance will rerply 'ttv•
as a cc,nVVnt*rr-e to the- appl tcar.t*�, tut is not
recesrary to al lvviatw a fivfAon>'ratle harciat.ip or
<!iffirulty.
Pao" ' r f 4
Adopted by the Orono City CounciI of the city of Orane.
on this 12tt clay of March, 1940.
Dorothy M. Sallin, City C er James k. Cra e , Mayor
STATF OF MiNNFSOTA )
ss.
COUNTY CF HFNNEPIN )
The foregoing instrument was acknowledged before me on
this 12(th play of Marc:, 1990, by James P. Grahek b Dorothy M.
Hal Iin, Mayer S City Clerk of the City of Orono, a Minnesota
municipal r-orporation and said instrument waf: executed on t,ehalf
(if the City.
Notary Public
My Commission ryfires —�—!
rage, 4 c s
A. RESOLUTION CRANTINC
VARIANCES TO
hdNTCTPAI. ZONINC CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55, SUBDIVISION 8, AND
(.RANTTNC A CONDITIONAL USE. PFPMIT I'FR
SECTION 10.03, SURDIVISTON 19
PILE, i14b8
WHEREAS, George and Sally Pillshury (hereinafter "the
appl icants") art the owners of the property located at 1 300
^rackett's Point Road within the City of Orono (hereinafter
eci ty") and legally described as follows:
Exhibit A attached (hereinafter "the prope-ty"1; and
WBERRAS, thf applicants have trade appl icat ien to the
City of Orono for variances to Municipal 'fining Code Section
10.2.2, Suhdivif-ion 2 and Section 10.55, Subdivision A to
construct a retaining wall within the n-75' lakeshore setback
7onN where no structure, hardcover or land alteration is normally
allowed, and further requesting a conditional use perrit for such
grading work witt:in the 0-75' lakeshore setback zone per Section
10.03, Subdivision IQ.
NOW, THRREFORE, BE IT RESOLVED by t thH Ci t y Counci I of
Orono, Minnesota:
FINDINGS
"'tit- Application wok; reviewed as Toning File #1468.
2, The property is locates' it the LP-I&A Sir:gle Family
'.akes3,ore Residential ?oning District.
1. The property is approximately 2.46 acreb in area.
4. The Orono Planring Comrniebion reviewed this: application
on October 16, 148c4 and recomrvnded apprc,Val of the ptopcosied
variance and conditional use permit on a vote of 5-2, hatted
on the following ftndings:
Page I of
Al The retaining wall and associated grading proposed
at the top of the lakeshore tank is necessary for
preservation of the lakeshore hank, which is currently
exhibiting some slumping effect. '^he 24"-30" proposed
height of the single proposed retaining wall is low
enough that the wall can be easily screenec' using
existing and additional vegetation rc,upled with the
stone ^onstruction materials proposed.
A? The proposed 96 s.f. hare -rover increase resuItir.g
from the tops of the retairing wall and stair timbers
in the 0-75' lakeshore setback zone is an increase c•f a
fraction of lit, and Is relatively minor in its impact
on the lake given tte relatively large 0-75' zone.
5. The city Council fines that the conditiors existing on
this: property are peculiar to it and do not apply qenerally
to other property in this zoning dibtrict; that granting the
variance for arading and retairing walls in the 0-75'
lakeshore setback zone, would not adversely affect traffic
condiLionra, light, air nor pose a fire hazard cr other
danger to neighboring properties; would not merely serve as
a convenience to the applicants, but is necessary to
alleviate a demonstrable Fardship or difficulty; is
necessary to preserve a sunstantial property right of the
applicants; and would be in keeping with the spirit and
Intent of the Toning Code and Comprehensive Plan of the
City.
6. The City Council finds that granting a ccindi t i ona 1 use
permit to allow the proposed grading and retaining walls it
the 0-75' zone wi l l not be eet r imenta l to the health, safety
or general welfare of the public, would not adversely affect
light, air nor pose a fire hazar.l or other danger to
neighboring properties, nor will it depreciate surrounding
property values and that the proposed level of use of thw
property will hN in keeping with the intent and oh4ectivvs
of the loninq roar and Compreheneivr Plan of tt•e r'ity.
rage 7 of S
CONCLUSIONS, ORDER AND CONDITIONS
Rased upon one or more of the at:c,ve fineings, the Orono
City Council hereby grants variances to Municipal 7oning code
Sections 10.22, Subdivision 2 and 1n.55, subelvision 8 to permit
construction of retaining walls ir. the 0-75' lakeshore setback
rune, resulting in an increase in hardcover of less than It in
the 0-75' zone where no hardcover it. normally allowed, ar.-I
further grants a conditional use permit for grading and retaining
walls in the 0-75' lakeshore setback zone per Section 1n.03,
Subdivision 19, subject to the Following conditions:
1. Applicant shall provide the City Fngineer with a detailed
final grating and retaining wall plan, whic.t: must be
approved before permits can he issued for the
grading/retain.ng wall construction. The City Fngineer
shall work in conjunction with the applicant• rc, establish
suitah'e limits for the grading work.
2. Tt;e applicants shall maintain existing vegetation on the
lakeshore bank as proposed, and shall plant additional
vegetation to screen the proposed 24"-30' high retaining
wall from the lake to reduce its visual impact. Applicant
shall use native materi is and natural coloring to minimize
tt.e visual impact of wall to the arwate.�t extent
Possible.
3. Hardcover in the 0-'1,' setback zone shall not increase
above the 1,587 square feat (6.1*) approved with tHs
resolution, as irdic•ated on the site plan attached hereto as
Fxhihit P. Applicants are advised that any future proposal,;
to increase hard, -over in t t e r-"5' zone will not t-,r.
approved, but might tie approved c,n 1 y in con;unct i on wi t th
concurrent rermovalk of equivalert amounts of hardcover in
the 0-7S• zone, resulting in no 0-1R' hardcover increane.
4. Authorities grant.t.d t,y thif reesolution run with the
property not with the applicants, tut are pt•rrissive only
and must tie exercised by application fc,r a bu'1 di ng permit
within one year of the late of rciunri l approval, c,r the
tirvetal cur:dit lor+s of t t is reav' uticn wi l 1 expi rN on that
date (March 12, l 4col ).
PA1ato " , 1 t_
5. Violation of or non-compliance with any of the terms .in(l
conditions of this resolutior shall constitutor a violation.
of the zoning code, shall automatically terminate any
author :ty grante,' herein., an0 shall be punishable a. a
misdemeanor.
6. The undersigned arplicants 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 resolutior in the chain of
title of the property.
Adopted by the Orono ('ity Council on t t is day of
March, 1990.
ATTFST:
Dorothy M. Hallin, rty t' er
Property rwner s
STATE' OF M f NNFSCITA t
1 ss.
COUNTY OF FiF.NNFP?N 1
James R. Cra ek, Mayer
"'he foregoing instrur•ent was acknowledged before me on
t t i : 1 ?t h Oay of March, 3990, t+y James R. Crabek 6 Dorothy 10.
Hallin, Mayer i City Clerk of the City of Orono, r Minnesota
municipal (orporation and said instrument wa- o-Yecuted on behalf
of t t,e City.
N('tery Publ is -__
Page 4 of c
MINUTES OF ORONO COUNCIL, MEETING HELD MARCH 12, 1990
ZONING FILE #1470-PARTEN CONTINUED
Mayor Grabek asked for staff input.
Assistant Planning and Zoning Administrator Gaffron stated
that staff has recommended that this be developed as a three -
lot PRD. Gaffron said that a two -lot standard subdivision with
extensive, dedicated roadways will leave Mr. Parten with less
than a 10 acre parcel. Gaffron said that due to the existing
access easemert to the Reiersaord property, staff views that road
as serving three properties. Thus it is necessary to comply with
the City's Code and provide outlots.
Grabek asked whether staff has discussed this proposal with
Mr. Parten:
Gaffron. replied, "Yes, several -:.imes."
Grabek asked whether this proposal was presented to Mr.
Parten at the February 26, 1990 Council Meetinc:'
Gaffron replied, "I believe that it was."
Grabek said that the next step in this process tnen would be
to have Mr. Parten ;resent his pr000sal to the Counci:. Mayor
Grabek asked Mr. Parten if he was readv to io that this evening?
yr. Parten replied, "I wanted to yet Council's dire_tion
before another drawing is done."
Grabek asked the Council i1" it is their consensus that Mr.
Parten should proceed as staff has recommended?
Council indicated that they acree with staff.
it was moved by Mayor GrabeK, seconded by Councilmomber
LdiJib' L;,�z u(+t.i _:iC Applicant notifies
staff that he is read, to present its proposal. Motion, Ayes-
5, Nays-0, Motion passe.i.
i1468 GEORGE PILLSBURY
1300 BRACR=TTS POINT ROAD
VARIANCES/CONDITIONAL USE PERMIT
Mr. and Mrs. Pillsbury were .resent for this matter.
City Administrator Bernnardson prrvided the Council with a
brief summary of this acalicac:�n.
:t was moved : v Counc.lmember Callahan, sec-_,nded b,
Councilmember Nettles, gnat this application be rec:,ns:dered and
that Council approve the request for hardcover and average
lakeshore setback varian.�es, in addition to the conditi.anal use
permit. Councilmember _;,I-etten asked whether there ha7 been any
- 10 -
MINUTES OF ORONO COUNCIL MEETING HELD MARCI' 12, L990
ZONING FILE #1468-PILLSBURY CONTINUED
changes to the Pillsbury proposal since it was last reviewed by
Council? Callahan replied that he is not aware of any changes.
He said that the only reason he hau denied this application was
because he had denied Mr. Pemberton's application. Councilmember
Goetten indicated that this project is placing new construction
within the 0-75' setback zone. Goetten felt that the Pillsburys
coul have placed the greenhouse addition elsewhere as part of
the recent remodeling project that was done to the house.
Goetten indicated that she did not see a hardship for a
greenhouse to be located in the 0-75' zone. Goetten said that
Council should be concerned about voting fcr this because of the
precedent that will be set. Councilmember Peterson concurred
with Goetten and added that she disagreed with the process of
Council review that this application has undergone.
Councilmember Nettles stated that Brackens Point is a beautiful
part of Orono, especially when viewed frcm lake Minnetonka.
Nettles did not feel that the Pillsburys' proposal would have any
detrimental impact on the City, or the Lake. Nettles reiterated
his belief that reducing hardcover wherever possible is
important. Councilmember Goetten agreed with Nettles that
Bracketts Point is a beautiful area. She sa_d there arF
Ordinances in place, however, which must, he upheld. Motion,
,dyes-3, Peterson, Goetten, Nay. Motion passed.
01483 HAPOLD VOGT
1342 REST POINT CIRCLE
CONDITIONAL USE PERMIT
'fir. Vogt was present for the review of this application.
City Administrator Bernhardson reviewed this application and
informed the Council that an accurate survey of this property has
not been received. Bernhardson suggested that should this
application be approved, it be done conceptually ar.d that a new
survey be submitted before final approval is give,. Bernhardson
noted that the Planning Commission had recommen.ed approval of
this application subect to the submittal of a structural
engineer's report regarding the stability of this structure.
Mr. Vogt sratei that he had bou.;ht the property last dune.
He said that this boat house ctructare was a key reason trey
ehos.: this particular piece of property. Mr. Vogt indicated that
he had .one an extensive title sear::`; of this property anu found
nothing pertainin: to tl.e boar house. Mr. Vogt informed the
Council that tnere are eight similar structures in his
neighborhoou on F-agerness Point. One of the beat house
structures is oein.3 used as a rental unit. Mr. Vogt said that
tearing down the str,.cture would rcrt!i.e qui.e a nardsnip because
it would devaluate his property. The structure is built into the
hillside su removal would nut have an impact on hardcover.
Councilmember oetten said t"at it is that tree
APPLICATION NO. 1468
CITY OF ORONO
P.O. Box 66 NOTICB OF COUNCIL ACTION
Crystal Bay, MN 55323
473-7357 rate of Nct ice: 3/ 14 '90
TO: George Pillsbury COPIES: Robert G. Mitchell, Jr.
1300 Bracketts Poin- Road Lindquist & Vennum
Wayzata, MN 55391 740 Fast Lake Street
Wayzata, MN 55391
Thomas Meyer Herb Baldwin
Meyer, Scherer & Rockcast.le, i..'rG Landscape Architect
325 Second Avenue North 4196 West 185th Street
Minneapolis, MN 55401 Jordan, MN 55352
---------------------------------------------------------------------------
TTlZ OF APPLICATION: Variances/Conditional Use Permit
----------------------------- ----------------------------------------------
DATE OF =3111ING: March 12, 1990 VOTE: 3 For 2 Against
----------------------------------------------------------------------------
COUNCIL ACTION - NOTION:
Council granted conceptual ar)pr ova l for the greenhouse addition. A
final resolution for aproval is beina drafted for CouncilL adoption.
If you desir,:� certified copies of the official council minutes, they
are available from the City Recorder or City Clerk after review and
ar,proval by the City Council.
aCIIIAI (vMA0 11NON
A.
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L I N D Q U 1ST i V E N N U M
to.AND M GLtNNO"
TMONAS L. AAN[a
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1200 IDS CENTER
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Cog* T M. BUTLIN
NOB[NT O YI'C«[:L ,
MINNEAPOLIS. MINNESOTA 6SA02.22CJ4
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TELEPHONE 612 371-32,$
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a'CHA40 J./,TIOt RALD
ROBINTJ NARTMAN
JONN A.•ONNIST
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WAYZATA OFFICE
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JAMI! A. MaCANT«,
7�0 EAST LAr.E STREET
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M AN* N JOMNlON
IDWANO J. WIOINlON
March 19, 1990
Ms. Jeanne A. Mabusth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
DANIEL J. SNINAN
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Re: George Pillsbury Application No. 1468
Dear Jeanne:
MAR 2 0 1990
I have your notil:e of 3/14/90 relating to the council meeting of
3/12/90. Amongst the materials you already have is the dra't
approval resolution I did some time ago. I enclose a separa-e
copy with this letter for your use. In talking with Mike Gaffron
the other uay, he indicated that there were some details to check
out, but that essentially this draft resolution could be modified
to accomplish the council action desired. Please let. me know it
I can be of assistance in the redrafting.
In the meantime, I understand that there will bA s.,ne absences
from upcoming council meetings of the three persons who ,Led in
favor of this resolution. Therefore, I respectfully request that
you table the presentation of the final council action until the
three favorable voters are in 1ittend,ince at the meeting.
Very truly yours,
Robert G. Mitchell, Jr.
RGM/ s k r
Enclosure
CC; George Pillsbury
TO: Mayor and City Council
FROM: "'chaol P. Gaffron, Asst. planning & Zoning Admin.
DATE: :ch 20, 1990
SUBJECT: # 1468 Geor ; ind Sally Pillsbury, 1300 Brackptts Poir.t
Road - '✓ ►r anc "Conditional Usa PQrmit - Rpsolution for
App r oval
List of Exhibits
A. Rpsolution for Approval
B. Lpttor from Applicant's AttornAy R-qup:3ting Tabling
C. Notico of Council Action 3/14/90
Discussion - At your March 121h m-ating, Council v(-.)t-d 3 - 2 for
approval of the roquost-d varianc^s for construction of th-
grppnhous-. Prior to that, th- Council had conceptually d-ni-d
the application but conceptually ipprov-d the proposed grading
and r-taining walls to protect thA lak-snor« bank. Although a
resolution for approval of the grading and retaining wal is was
drafted for the March 12th m--ting, approval of th- grAenhous-
changes the hardcover paramotars of that grading approval, hen:.:-
have now combined the r-solutions into ono.
Tho approval robso'.ution pr^spntpd with this, momo is a redraft of
the suggAstpd r^solution submitted by the applicant's attornoy.
This resolution roflpcts corr-cted data and approval datos, and
has boon r^vis^d into th- standa:A Orono resolution format.
Pleasp not^ Exhibit B, a 1ptt-r from the applicant's attorney
rpqu^sting tabling until th- full five m-mber Council is pri•3^nt.
Staff Rocossonda t i on - Staff r^comm-nds tabling this application
until the next mting at which tim^ th- f-ill 1 five m-mb-r Counk-iI
is pr-s-nt.
Mot . on: mov^d by S^cond^d by `, to tab 1- f i na 1. ,dopt i on of
a resolution grantIng var ianc^s and conditional as- r)-rmit
approval for 9L--nhous- addition anal grading;'r-taining wal l work
in th- 0-'5 foot zon- for G-org^ and Sally Pil lshury, 1300
Brack-tts Point Road, until such tin+- that a full five momh-r
City Council will b- p.As-nt. AyRs Vays
1
MINUTES OF ORONO COUNCIL MEETING HELD MARCH 26, 1990
ZONING ADMINISTRATOR'S REPORT:
#1452 WALTER PE14BERTON
1720 SHADYWMD ROAD
RESOLUTION
REQUEST TO TABLE*
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to table final adoption of a resolution granting
variances for a room addition in the 0-75' zone for Walter and
Marilyn Pemberton, 1720 Shadywood Road, until such tl..re that a
full five member City Councii will be present. action, Ayes-4,
Nays-0, Motion passed.
#1464 GRORGE PILLSBURY
1300 BRACKETTS POINT ROAD
RRESOLUTION
REQUEST TO TABLE*
It was moved b.• Mayor Grabek, seconded it Councilmember
Peterson, to table final adoption of a resolution granting
variances and conditional use permit approval for a greenhouse
addition and grading/retaining wall work in the 0-75' setback
zone for George and Sally Pillsbury, 1300 Bracketts Point Road,
until such time that a full five member City Council will be
present. Motion, Ayes-4, Nays-0, Motion passed.
#1489 P. JOHN HARDIN
1496 PARK DRIVE
REQUEST TO TABLE*
It was moved by Mayor Grabek, seconded by Councilmember
Peterson, to table final adoption of a resolution approving
variances to construct an addition on an accessory structure
until such time that a full 5 member City Council is present.
Motion, Ayes-4, Nr.ys-0, Motion passed.
MAYOR/COUNCIL REPORT:
RESPONSE TO LONG LAKE ANNEXATION PETITION
RESOLUTION #2782
Mayor Grabek asked Gerhar_Json wnetzer the City had received
a copy of the Petition.
Gerhardson replied, "No."
Attorney Barrett stated that ne had contacted the
Munici,._ Board and requested that a copy be sent as soon as t:ney
receive it.
Councilmember Goetten asked whether the ADr::
date could be changed.
City Attorney Barrett said that he woul: see ,:cetner the
hearing could be postponed, and in the event tnat it annct be
- 1: -
APPLICATION NO. 14(,P
CITY OF ORONO
P.O. Ru:{ F6 NOTICE OF COUNCIL ACTION
Crystc.l Bay, MN 55323 473-735' rate of Notice: 3/28/`1
--------------------------------------------------------------------------
TO: Cc -urge Pillsbury COPIES: Robert 0. Mitchell, Jr.
1300 Brdcketts Point Road Lindquist & Vennum
Wey2ata, MN 55391 '140 Feast Take Street
VaY7dta, MN 553Q1
Thumas Meyer Herb Pdldwin
Meyer, Scherer & Fuckca:-tIF, I?'D Landscape Architect
325 Second Avenue Nurth 4196 West 165th Street
Minneapolis, MN 554n! Jordan, MN 55352
TYPE OF APPLICATION: variance/Conditiunal U5, ?ermit
---------------------------------------------------------------------------
DATE OF MEETING: 3/26/QO VOTE: 4 For n Against
----------------------
COUNCIL ACTION - MOTION:
Tah1Fd at appl ic•ant's requc t. You will be notified when a fu: 1 5-
member Council will t,e presert take final ac'_ion on your application.
If yuu desire certified cupie- of the official Council mirutes, they
are available fiurr, the City Pecurder ur Ci:'v Clerk after review and
approval by the City Council.
To: Mayor Grabek & Orono Council Members
City Administrator Bernhardson
From: Michael P. Gaffron, A.sst Planning & 7.oning Administrator
Dates April. 2, 1990
Subjects #1468 George & Sally Pillsbury, 1300 Bracketts Point Road -
Variances/CorWitional Use Permit - Resolution
List of xxhibits
Exhibit A - Resolution
Exhibit B - Notice of Council Action 3/28/90
Exhibit C - Memo & Exhibits of 3/20/90
Discussion -
On March 12th, Counci 1 voted 3-2 for approval of the
requested variances for construction of the green house. Council
had previously conceptually denied that request but conceptually
approved the lakeshore grading and retaining walls. Approval of
both the green house variances and the conditional use permit for
grading and retaining walls has been combined into onp approval
resolution for Council adoption.
This item was tabled at applie-ants' request at the March
26th meeting until the full 5 member Council is present.
Proposed Motions Moved by , seconded by , to adopt
resolution / granting variances and conditional use permit
approval for a green house addition and grading/retaining wall
work in the 0-75' zone for George and Sally Pillsbury, 1300
Bracketts Point Road. Ayes , nays
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 2786
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2, AND
SECTION 10.55, SUBDIVISION 8,
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1468
WHEREAS, Georg and Sally ?illsbury (hereinafter "the
applicants") are the .. nnrs of the property located at 1300
Bracketts Peint Road within the City of Orono (hereinafter
"City") and legally described on Exhibit A attached (hereinafter
the "property"); and
WHEREAS, the applicants have made application to the
City of Orono for variances to (a) Municipal Zoning Code Section
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
construct a grpenhouse addition and a retaining wall within the
0-75' lakpshore setback zone, resulting in stuucture and
hardcover in the C-75' zone when- no structure or hardcever is
normally allowed, and which gr— `rouse addition encr-aches past
the defined average lakeshore s-- back line where no encroachment
is normally allowed, and firth-.- (c) requesting a conditional use
permit for grading work within the 0-75' iakeshore setback zone
per Section 10.03, Subdi-ision 19.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File k1468.
2. The Orono Planning Comm:.ssion reviewed the
applica'ion October 16, 1989 and recommended approval of the
proposed variances and conditional use permit on a vot- of 5-2,
based on the following finding::
A). The average lakeshore setback encroachment will
not impair any existing lake views enjoyed by
neighboring property own-rs.
B). The retaining wall and associated grading
proposed at the top of the lakeshore bank is
necessary for preservation of the lakeshore bank,
which is currently exhibiting some slumping affect.
Cite of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
The 24-'-30" proposed height of the single proposed
retaining wall is low enough thit the wall can be
easily screened using existing and additional
vegetation coupled with the stone construction
materials proposed.
C). The proposed hardcover increase from 5.7% up to
7.6% (based on the extent and size of the
improvements at that date) in the 0-75' setback zone
is relatively minor in its impact on the lake given
the relatively large 0-75' zone. Further, the affect
of the additional hardcover in the 0-75' zone is
minimized by the proposed drain the ihich will
collect runoff between the residence and the
shoreline and transoort the runo:f to th., 75-250'
zone for below gra.3e and overland d;6parsal.
D). The lakeshore setback v a r ia.ica is just- ifiad by
the need for southeast expo31:ra for tha proposed
growing of orchids, this being the only suitable
location for such a greenhouse addition because of
the existing orientation and location of tte house.
Further, the ele,iation of tI`e existing ho4s,? and
proposed grOenhouse addition abova the lake end the
height of the lakeshore bank will tend to minia;za
the visual impact of the greenhouse as view-,' 1 -cim
the lake.
3. The property is located in tha LR-lA Single
Lakeshore Residential Zoning District; is approximately 2.96
acres (128,938 sq. ft.) in area, which is a::nost 50% larger than
the minimum lot size required of 2 acres. ^istribution of area
is as fellows:
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2786 -- -
Lot Area: 0 - 75' =
75 - 250' =
250 - 500' =
Hardcover:
Existing
Sq.Ft. %
0 - 75' 1,491 ( 5.75%)
75 - 1-50' 11,450 (18.2 %)
250 - 500' 2,500 ( 6.3 %)
Total
25,925 sq. ft.
62,900 sq. ft.
40,000 sq. ft.
128,825 sq. ft. = 2.96 AC
All -wed
Sc.-t I
0 ( 0 �)
151725 (25 %)
12,000 (30 %)
T, 1 (T2 . 0-% a v g ) 2r�5 (1217.7% avg)
4. The house was built in 1949 and then complied with
all existing ordinances. The land between the house and the lake
consistb of a steep embankment with a reverse slope extending
westward from the top of the embankment. The steep embankment
creates an erosion problem.
5. Given the lip of the land, the date of construction
of the house and the location of the Pillsbury house to the
south, the house is a reasonable distance from the lake (closest
point is 57' from the lake). Such house location was permitted
when the house was bui It 40 years ago. The house is as close to
the lake as it is largely because of :.he reverse slope which mad -
it necessary to move the house closer to obtain a view of the
lake.
6. In responso to Planning Commission input, th-
applicant's reviewed and reanalyzed the hardcover on their sit-.
In such further review it was determined that there is a 330 sq.
ft. area of large pavers near tha dock about 25' from the
lakeshore. The applicants amended their proposal by letter dat-d
December 29, 1989 to delete the 330 sq. :t. of pavers for a not
reduction in a:-isting hardcover in the 0-75' zone of from 1,491
sq. ft. to 1,161 sq. ft.
7. The hardcover computation, after reduction in size
of applicants' proposed improvemants and removal of existing
hardcover (pavers by the lako) subsequent to the Planning
Commission action, as follows:
Cite of OROITO
RESOLUTION OF THE CITY COUNCIL
NO. : or
See "Data Sheet" attached as Exhibit R
In the 250--500' zone the hardcover is 6.3% where the
allowed hardcover is 30%. In the 75-250' zone the hardcover used
is 18.2%; the increase is only 1/10th of 1% to 18.3%; and the
allowed hardcover is 25%. In the 0-75' zone the hardcover -ating
from 1949 is only 1,491 sq. ft. or 5.75%. With the removal of
pavers by the lake, thera will be a net decr^asp in hardcover in
the 0-75' zone °rom 1,491 sq. ft. to 1,467 --r ft., a 24 sq. ft.
reduction.
Taken as a whole the hardcover on this lot, which is 50%
larger than the minimum lot size, will be only 15,461 sq. ft.
when the allowed hardcover on this site would be 27,725 sq. ft.
Therefore the applicants are aiding the lakeshora drainage by
under -utilizing the allowed hardcover and decreasing the
hardcover in the 0-7=' zon .
8. While 170 sq. ft. of the 306 sq. ft. of n• w
hardcover constitutes a portion of the new greenhouse, other
parts of the hardcover including the retaining wall/stairs (9J
sq. ft.) and paving (40 sq. ft.) are for the purposes of
landscaping, screening and better stabilizing the Pmbankm—nt down
to Lake Minnetonka. The embankment has suffered soma erosion
damage over the years. Significantly, the applicants' drainage
plans call for betterment of the existing eroding condition by
directing water away from the embankment. Such drainage plan is
a significant improvement to control erosion.
9. The applicants are it their 60s and suffer from
arthritis. The proposed additional area of ground floor, bedroom
living space will assist them to better remain in their home
(rather than having to climb stairs to bedroom areas) and the
high humidity in the greenhouse adjacent to the bedroom is
beneficial to reduce the impact of arthritis.
10. The existing 1949 house is as close as 57' to Lake
Minnetonka which was permitted when the house was constructed.
All parts of the new house construction will be futher from the
shore of Lake Minnetonka than 75' with the closest such new
portion being 58 1/2' from Lake Minn;�tonka. view from adjacent
houses are not impacted by the addition.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
M
786
11. Given the layout of the house and tho configuration
of the shoreline there is no reasonable alternative location for
an addition to the master bedroom for additional area for it and
for use as a greenhouse since such improvmements must be on the
southeast side of the house. The applicant did reduce the size
of the proposed addition and move it as far to the west to comply
with Orono ordinances as best as possible ,nder the
circumstances.
12. The hosue has architectural significance.
13. ':he combirition of the above factors is
justification for the add ion applicants wish to make in the
zone within 75' of Lake Mini.--tonka, the placement of the addition
58.5 feet from the lake and installation of requested retaining
wall, stairs, paving, grading, and drainage system. The
conditions existing on this property are peculiar to it and do
not apply generally to other property in this zoning district.
Granting the variances will not adversely affect traffic
conditions, light, air nor pose a fire hazard or other danger to
neighboring properties. The variances are not merely
conveniences to the applicants, but are necessary to alleviate
the foregoing hardships and difficulties. The variances are
necessary to preserve substantial property rights of the
applicants and are in keeping with the spirit and intent of the
Zoning Co(:e and Comprehensive Plan of the City. There is a net
decrPasp of hardcover in the 0-75' zone.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grant variances to (a) Municipal Zoning Code Sections
10.22, Subdivisions 1 and 2, (b) Section 10.55, Subdivision 8 to
permit construction of a greenhouse addition and retaining walls
in the 0-75' lakeshore setback zone as shown on the site plan as
Exhibit C, and futhLbr (c) grants a conditional use permit for
grading and retaining walls in the 0' to 75' lakeshore setback
zone per Section 10.03, Subdivision 19, according to the
applicants' application, as amended, subject to the following
conditions:
1. Applicant shall provide the City Engineer with a
dptailpd final grading and retaining wall plan, which
must by approved before permits can be issuea for the
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2786
grading/retaining wall construction. The City Engineer
shall work in conjunction with the applicants tc
establish su'_table limits for the grading work.
2. The applicants shall maintain existing vegetation on
the lakeshore bank as proposed, and shall plant
additional vegetation to screen the proposed 24'-30"
high retaining wall from the lake to reduce its visual
impact. Applicant shall use native materials and
natural coloring to minimize the visual impact of this
wall to the greatest extent possible.
3. As proposed, the applicants shall construct a drain
tile system between the existing rosid-nc- and the
lakeshore, to redirect the drainag- from the 0-75' zone
to the 75-250' zone for dispersal.
4. As proposed, the applicants shall :-move the 330 sq.
ft. of pavers Par the lake.
5. Authorities granted by this resolution run with the
property not with the applicants, but are p-rmissivo
only and must be exercised by applicat'.on for a building
permit within one year of the date of Couci1 approval,
or the special conditions of this resolution will expire
on that date ( April ? , 1991) .
6. 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.
7. The unders`_gnea applicants have read, undo. -stood and
hereby agree to the terms of this resolvtion and on
behalf of themselves, their heirs, representatives and
assigns, hereby agree to the recording of this
resolution in the chain of title of the prapPrty.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Adopted by the Orono City Council on this 9th day of
April 1990.
ATT$t T Jame R. Srab-k, yor
Verothy [ rHallin, City Cl-rk
v
Prop rtyCfwner(s
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
STAT' OF MINNESCTA
COUNTi OF HENNEPIN
On this%ly/- day of C(,�z.�( , ta9^
before me a Notary Pudic within. andfor'sa county, personally
known to me to .,e the personas) ddescribed n and w c `executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
------- -----
tq
NC .!Dv- P!.'BLIC
MY CC.' M-.SSICN EXPIRES
STATE OF MINNESOTA )
)Ss.
COUNTY OF HFNNEP_N )
On this day of f °Q , befc;re me a
Notary Pub is within and fcr sa_:: ^c;:nti, personalty appeared
known to
me to be the person(s) i r ane wro executed the
foregoing instrument, and acknowledged tha- he !they) executed
the same as his 'their) free act and deed.
trY 7mm f SE,:7K '"I-X p-Tf� r
Exhibit .\
Resolution No. 278f,
LEGAL DESCR I I'T I ON
Lot 4, Rearrangement of Orono Point, Hennepin County,
Minnesota, and beginning at the most southerly corner
of said Lot 4, then sout.hwosterly along the extension
of the southeasterly line thereof to the center line of
Center Avenue (vacated), then northwesterly along said
ce.:terline to the northerly line of that part of Center
Avenue vacated by Court Order being document number
2092886 in Register of Deeds, then northeasterly at
right angles to the northeasterly line of said vacated
street, then southeasterly to the point of beginning.
250-500'
75-250'
0- 75' :
Porn. StLuc.
Ret. Walls/Stairs
Paving
Subtotal
Total
l�xu�eT 6 .
2czower/o..i /Vo . 2.7 �
DATA SHEET
Existing
Removed
Added
Net New
Total
Sq. Ft.
Sq. Ft.
Sq. Ft.
Sq. Ft.
2,500
( 6.3%)
-0-
-0-
2,500
( 6.3%)
11,450
(18.2%)
-0-
+ 44
11,494
(18.3%)
595
( 2.2%)
-0-
+170
765
( 3.0%)
325
( 1.2%)
-0-
+ 96
421
( 1.6%)
571
( 2.2%)
-330
+ 40
281
( 1.1%)
1,491
(5.75%)
-330
+306
1,467
( 5.66%)
15,441
-330
+350
15,461
1,491+25,925 = 5.75%
Allowed
Sq. Ft.
12,000 (30 1)
15,725 (25 •)
-0- ( 0 t)
27,725 (21.5%)
1,4670125,925 - 5.66%
APPLICATION NO. 1468
CITY OF ORONO
P.O.
Box 66
NOTICE OF COUNCII. ACTION
Crystal Bay, MN 55323 473-7357
Date of Notice: 4/13/90
---------------------------------------------------------------------------
TO:
George Pillsbury COPIES:
Pot>ert G. Mitchell, Jr.
1300 Bracketts Point Rd
Lindquist & Vennum
Wayzata, MN 55391
740 Fast Lake Street
Wayzata, MN 55391
Thomas Meyer
Meyer, Scherer & Rockcastle, LTD
Herb Baldwin
325 Second Ave N
T.andscape Architect
Minneapolis, MN 55401
4196 West 185th St
Jordan, MN 55352
---------------------------------------------------------------------------
TYPE
OF APPLICATION: Variance/Conditional
Use Permit
----------------------------------------------------------------------------
DATE
---------------------------------------------------------------------------
OF MEETING: 4/9/90
VOTE: 3 For 2 Against
COUNCIL ACTION - NOTION:
To approve per the findings and conditions of the resolution
previously mailed to you.
Variance Approval is limitec to the extent shown on approved plan and
as noted in the approval resolution. Changes in approved plans are subject
to further review by the City. Variance appro�: a 1 expires one year after
date of approval. Permit application must t,c submitted no later than
April 9, 1990.
Conditional Use Approval is subject to the conditions of the approval
resolution. In the case of projects requiring a construction permit or
other work permit, such permit. must be applied for within one year of the
date of conditional use approval or chat approval will expire.
Please arrange to sign the 3 original resolution copies at the City
Offices (Monday through Friday, 8:00 tc 4:30). A]I persons with &n
interest in the property must sign the resolutions.
If you desire certified copies of the official Council minutes, they
are available from the City Recorder or City Clerk after review and
approval by the City Council.
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