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CITY OF ORCNO - VARIANCE APPLICATICN (>j0.^v0 per eact additional 73ria. M Renewal Variance Fee S79..O0 (no chance f rein original application) After -the -=act Fees (Ocub..e a= _ -cation fee) PROPERTY LOCATION Site Address .10 Bracketts Point knad Procert ,;e _ation N.u-mbe- (P.I.D- ) 11-1 Please cneck cne - Property abstract or to --ens' Attach leeai laser_ tc application :f not required survey. ---------------------------------------- --------- -......---------------------- APPLICANT Phcre (hcme)4 -�• Name W. Pi11%bur AddresS : Bracket! , ) • _ r?ri - :i i Y r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - .- - - - .- - - - - - - - - - - - - - - - - - OMNER (if diO ``e_?. - �^"an Pn,:ne (hct..e Na-e ?hone Address: -.. 4 : Date rrcpe--y Acquired .41y t 11"1- (mcnt!i/y1ea I (do) (do not; also cwn = N ad acent parcels of land. .. �, -----------.----.-.-------------------------.-.�1li.l.•s,l----Sal--��f—�--.1.����1��tll.w PIMZ T USE 7F PROPERTY Present Zoning s~-_ Presan7: '-se tz I40-.r:r;,;I Residential Other (specify) -------------------- --------------------------------------------------------- 028C3UrP1OH Or REQUT.ST Estimated Construction Ccst S Approx.) Desc-.be requast in I>NC25 RMCIRM Lot Area Lot Width Bardccve: Setback Variances ( !'ront Side Rear) Ut.'�er HARDSHIP .: Desc=_ce .ndue har�:5n _ or , rac_1cal `_c.-It: f-cm strict enforze.T.ent c: res i dent.e d i ---------------------------------------------------------------------------- DES=PTION OF UNUSUAL PROPERTY CONDITICNS 1escri:,e un.:sua; pr::cert crrc1-3nce with Zoning Code Recsirements: It crL I Li 11n LdY1k to d1SQ0k1Y.t _.. - _�..._. :may .+..--.• .:•�1.i1i1Y11;di'.iEa i:uXuc'r. ------,------------------------------ ------------------------------------- REQUIRED SUB1ITTALS 1. Completed Acciivaticn For: 2. Certified Property Cwr.er3 List o: owners withl— ;ycu mus-. obtain this list frcm Hennecin Count; Lecart.-aent of Finance A-6J3 Govt Center 348-3271). 3. Stamped, legal sized envelopes (410) pre -addressed to each of the names on the abo,re list with no return address (-.:se address labels obtained with property owners list`. 4. Cartif_cate of survey including hardcover calculations as required. S. Topographic survey (existing and proposed elevations' is any changes in existing grade are proposed. 6. Plat Map (obtained with property owners list). 7. As an addendum to this application, please attach a separate list of any ogler parsons you wish notified of tnis application. S. Additional items 3s may be requested by City s-a_`f. -------------------------------------------------- ---- ------------------- The Applicant and Property Owre: must sign this application. ::ease remember that your variance application is not :omplete if the a=cve ias not cs._-: uded . -------------------------•------,-------------------------------•►---•-------- Certific3-_cn by Zoning Department that variance Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- APPLICANT' S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning AdmIn_str3t0r, agrees to pay all fees and/or unusual expenses _nci.•_ed in rev.e•m o: t^is application, and c.erti_`ies that the infornaticn supplied is true and correct to .he bes- of his/her knowledge. Applicant's Date ONUMS SIGNAIURE The owner hereby ackcwledges and _agrees to this application and f,;:- her authorises reasonable entry onto the property by City staf., :onsu:1_3nt3l agents, Commission Members, and Council members for purposes of investiga- rion and vertficst:on of this Owner's Signature I uata --------------------------------------------------------------------------- Applicant must have all submitt3�3 _nto the city of'_ces :S days be`'ore the Hlanninq Cossaission meeting. Planning Commission :meetings ale he1_' on the third Monday of each month. Appl --3nts :rust be present at all sc'te�.uled seeiew meetings of the Planning <'omm:ss_on and Council. ;f an aop1i =3nt _s usable to attend a scneduled meet_nq, pi4ase make arrangements to have 3:1. authorised agent attend in your plice and to edvise the Bul ling ';-ninq Office of this change prior tc the mest_nj. f r� In acc::rdance wita M.S. 15.165, "Rights of subjezts of data", we would like to inform you that your req.:est for a permit or license from the CI of Orono or any of its departnents may rr:u:_e you to furnish certain private or c::;nf:dential inform- at_::r.. You are notified that: �. The infor-nation you furnish wi''_ be _se,.= tc determine your qual4f_1_2tion for the per-mit or :_z_::se req.;ested. 2. You may re -'•.;se to su.p:y data, but refisal may require that the C.ty den! the or license. 3. The infor:rat_on may be share! w_ _.. ct: e_ or federal agencies tr tine extent ne,ressary to p:cc�ss t :e permit Cr :_tense. -- .,^ur r__ _-_ -'= =e. _t cr 1_cense rec_res :.....nc4 action to i_ C _n!z matior. ma. cecor;,a publ_c. 5. You have ce_.._an __, .ts under M.S. 15.165 to r-eview private data on yourse=.`. 6. Your fj.: name, and date of birth are required to process or rer-nit. ata o l'Ces n 1. _1 t: ::U�_:-^.y^,'.j@ r1► ��^i�ts} I understand ny ,hrs as X ianature M► le IVA 4 00 1 A RRSOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.23, SUBnIVISION 6 (A) PILE #1438 WHRRRAS, Mrs. Philip W. PiIlshury (hereinafter "the appiic:•ant") is the owner of the t-roperty located at 1200 Aracke,t's Point Road within the City of Orono (hereinafter "City") and legal:- described as follows: Exhibit. A, attached (hereinafter "the property"); ana WHEREAS, the applicant has applied to the City for variances to Municipal Toning Code Section 10.03, Subdivision 15 ( ) and Section 10.23, Subdivision 6 ;S) to permit. the installation of a 4' high wall within the required front/street yard where only a 34' high wall is allowed an(' located approximately 3' from the street lot line of Bra►ckett's Point Road where a 50' setback is required. NOW, THEREFORE, BR IT RRSOL /RD by the City Counc i 1 of Orono, Minnesota: FINDINGS 1. This apri:ration was reviewed a!, Zoning File 41438. the property is located in the I.R-lA Sinqle Family Lakeshore Residential Zoning District requiring 2 acres in. area. 3. The Orono Planning Commission reviewed thin+ application on August 21, 1909, and recommended approval of the proposed variances based upon the fallowing findings: A) The location of the wai 1 wi 11 present no hazards or sighting probitms for users of county Road 1s or Brackett's Point Road. R) The property is located on a t?usy curved intersection of County Road 1ti and sot ur xty has hoc -a" a major concern for the applicant. Page 1 of 4 J 4 - �� •,n •-� a-, - ,; .� .•;w., - s G GRFEM TREES RO f� toes, .� ' :icy •Ff, �.�' .• -NO ��. I � R01 DATE 0-/It+,'89 • RArCN 008 38 11-111-23 2S 0008 ' PROP ADOR 01491 SHORELINE ER 04NE R NAME R N L VAW, TAXPAYER R k EVA% WIE/ADOR 1491 5$!jPFLINE DRIVE • WAYZATA r3N 55391 • 38 Ii-117-23 ZS u01e PRTNW ADOR 01460 GREEN TREE:, RD OK:ER NA'1E C A S PLATOU TAXPAYER CARL A SUSAN PLATr�U • NAME/AODR 1460 GREEN TREE:: NO WAYZATA MN SS591 38 11.117-I3 32 0013 PROP ADDR oao38 ADOPESS UNAS "IC*'*D OONER NAME CORINNE GRIFFIrH PILI:LIORY TAXPAYER CORItfiE G PILL58URY WIL/ADO 1300 TCF TONER MPLS MN S&4G2 mtt#iEP-.4 c[AiNiy PROPI:RIY INIORMATION s:%;TEM PNOPERfY ;-wj : t I iT 38 11-117-23 ?3 0099 01489 "a'ItLINE OR ELMtR S CONOVER i NIiE ELVER S CONOVER 1499 SHORELINE OR NA'YZATA MN S53,11 38 11-117-23 32 0001 O1ZOO BRACKEfTS P0114T RO COPINNE GRIFFITH PILLSWAY LO=iINK PILL`,BUk( ISOO TCF TONER "L:i MN 554041 S8 11-117-Is 32 0016 O:ZID 89ACREris Pow RD ELLA P CROWe ELLA P CR WY 1220 Br4C1(tTT! POINT RO NAYZArA MN $WI REPaIt NO. P14IW41 PAGE 19 38 11.117-73 :S 0015 01511) GREEN TREES RD J J A J TURUJLACEP JC44N J S JOAN N TlgtM Ar. E R 1SiO GREEN TREES RD NAYZA'A MN 55341 38 11-117-2s SI Colo 01,**S BRAct1Tts POINT RD MICMAEL E LYNN 111 A WIFE 04CHAEL A JORJA LYNN III IZbS BRACKEtl-S ROW WAYZATA MN SSSgl TOTAL DA%14 G08 000" I CEPTi►Y TrtAT *UE Mrs MEPR mwil$ An AN ACCLOATS A a law REMOS NTATION CW 1NfOWATION AS IT &WP Aft TWIS OOTE ON THE OEM Of TIRE W'NPEEPIN CQMTY MPAJkn* T OF PROIJ*" jagATit 1, TO TN SM !iF Kt KNC4-N.L#� AIO Mli#t. ii OAT, , ,, ay Affidavit of Publication CITY O� oRmV6" },cE The Ptw-,mg ='ommi"'� .rot hob w.:e... 111 i �i State of Minnesota Ccunty of Hennepin Soult A a• f,y WO1, , Q1Jvrr1 Rand kAortday AUG On OAdf A , Aup,gt ,!, t�4 to of ew the tO""`"Io wid iss aco canaro Bill Holm be1,1 duly Sworn on oath g &ayS that he is . No 14..0 Mc,st hrr:ar 4'27 Uas , -'"� — RUthori.'ed agent and employee of the publisher ,inks ararula,,tr onceonceS"Ifoe rile n' a Hein wlthn rry —.- _ �! of the,newsoaper known ds THE LAKER Mound Mtn likesflOre yard to'scadate access 10 wits Woo nesota and has full knowledge o' the facts which are an eoe'a0e ,r+proore sttbaCk varWKe 10, a w. 00sea Wobc r+,d jr ► wrtrkn the 16 20,u stated below Mtbook was 2 NO 1432 J04 WV `Aroey 1470 forest Lake I_Ar4 V sees a ,W-j,:"Uver .arw+te A ; The newspaper has compiled with all the require. ° �rWIlo ofjo50 eea fes'�. °rJO "e0 men!s ;onshtut,ng qualltlCattons as a qualified 3 No 1433.~ elme,•.10 see„s a CO, *ton& use pwr" 'c. Ire prop,"y newspape, as provldtiod by Minnesota Statute rtete0 et 3925 wale,town How Co, Nit ,etlx .� �, comet 331 A 02 33 !A 07 and other appilr'fable laws as wn"n a eesvrw" wvtwlds amended A No 1434 Gery Owf of 3034 CaatO low, F40M seek! a [.1OXhl'o"W J!! Oarmf low a ryes! 0104.14111110 Or . W cond 17 atolnf,al ynrt on the ' pro"rty �� � • f 1 B i The printed�4CiL.__ 6 NO 1a3R )m,n and Carl Naf�s n :SNI LION 11000sh Ar pnvv Seep ! aloe 11, e71 tetti .. '/rodeo I(" a wovostd O"fecnea +,mope r:+ / 0 No 1e16 Ruptrt akt:,vn J, e. , RSMtraab PION yyest steles 40WO.sf o' per MIGN Ihormo-9, and :plMa1 sor.uokp cantn,cfa°unrg.tpran"Won% roo,'e which is attached wa& cut from the columns c;` said NO turflter eaar+slen or the t. tf,Ily o,,,ary envelope a prepeeed fewspaper an d was rated am putiHsttcld CN10E each 7 NO 1A37 Jill"e A tdatran a o, 2W, FOs $*reel seeks a Wbecs 101 week tot_._....-,.._..__.SUCCeB$tL'@ weeks .SFWWV_f r ar. Qiwgo�y wyaarl~ "W" 6 V CVoMe on the "Wool yrtl An how o1 tnt Dt,nc,pe, ,earaance w Ifm we 04W Now, 11 was "sit pub, shed Mc f ilia'. !2tK, �rM'r PON PAW 46"" negnl V ant Data r Il IAVWVes I- s OreOos7d malt w,ttw? f,v N,tel+er Oj_ ZNr: to fyi, a..,enceE ir�yyns •.+pP pet if Wwd sla.a aCcl,+_•.ei o sn r1« t^t and ways 1,lvedttef prtnteCtilina Oub4sohed evfwy 'act Cef1a�!•C".a :»+,flit end •y.;1 Monday t G • and including Monaar COY , tti>••. - :.. .. .Iryr4-eel 'D' i. .? fisht,'t CM, O , e�:.rw�, rays en0 1+1snalM of "p w, ' •A ,eteryr� alb wow -I" 'rtev`r✓7 , {.:1 ` I the R:ia' . -.1 • ' M elm If. OMN►W*" a- trFMl�lwn 4' a No helmet fflr was 3W.4owl n rrr sevipe eternl of ,left 1 N , t 0 Nt ' "C? * sett %Maw / . e, was 0 "" igeefeO" fto beta a lion trt r rtr �O Doe tlertewrt W s Wm OW NWM% O-W a n~ f- 9Id Wig OW so * are «. mro As 0"6'9e w10-4 to ire 0406 we *urns, tRCX 1ItaO Aft! T hr ,rrintaR otitis ar to x r ,� gatleen . - ;• , ,strut -$ so shawl Pkft 4m a , am ta, '*.fete :. .,y GA O"woo wv *Atari. •Lrh 0, a'onfaflsr l Allele A Wamw t+ SA NOC t obe l" And Or this ruartlr r :—V 40I•rt,le,sme, 1-4 .61 *0 +n +eft Lovett M wMlee, * .a ._.*.. ere• d14r nr r _... ar .—A --'mil►•-.,—.. . _, ___.. g // f t3 • .,.. l-- r 5.. -i -•►... �• ..��p Al J1 '*AM y P-JNK 11111810 ►nformatoon i.aarsRe" «�' . . _. - .�le�tl tOt ;.e/aPa►♦ bM asset. a 4e �l Pl. qc 1 tysae-pq�rr 'Vk arstrl ed 00 Woo W a/rKr -OW M SC sir, w J, ftwo WI,VOri VFW9W OW OR 110'14r $A tM Mt a•_I. 11w, S06*0m tt dommralr wow 53 14 w Ae* CBMTIIICATR Of NAILINQ S TATF OF M I NN> SOTA C0!;NTY OF HFNNRYIN > so CITY OF ORONO ? I, Jamie poems, of tt:e city of Oroncs, Herne{.An County, Minnesota, do haret+y certify that a N-ticr of Public Hearinq concerninq tha matter of #1+19, wap mailed to the attached list of property cwnere . In Witness Whereof, I have hereunto set my hand and 0e01 this 2nd day cif huquet, 1909. Rods& ram.. CITY OP URONO - NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown "?oad on Monday, August 21, 1989 to review the following land use applications: 1. 11430 Morse homes, 4127 Oak Street, seeks hardcover and a setback variance for the installation of a tram within the lakeshore yard to facilitate access to lake and an average lakeshore setback variance for a proposed gazebo and deck within the 75-250' setback area. 2. 1i1432 Julia Whitney, 4470 Forest. Lake Landing, seeks a hardcover variance within the 75-250' setback area for the proposed recorstruction of a new residence. 3. 01433 Loren Butterfield seeks a conditional use permit for the property located at 3925 Watertown Road for the remo%al of peat within a designated wetlands. 4. M1434 Gary Barr of 303= Casco Point Road seeks a conditional use permit for a quest house or second residential unit on the property. 5. 01435 John 6 Gail Nafus of .'r-HG Cunwcody Avenue seek a side street setback variance for a rropost=d attached garage addition. 6. #1436 Robert Mitchell, Jr. of 1101 Ferndale Road West seeks approval of variances !hardcover and lakeshore setback) to construct a second story on the existing home. No 'further expansion of the existing building envelope is proposed. 7. i1437 John B.A. Idstrom, II of 2580 Fox Street se Mks a setback variance for an accessory building/barn that is proposed in the front yard in front of the principal residence. A. 01438 Mrs. Phi 1 i- Pi 1 lsbury of 1200 Brackett's Point Road seeks height and setback variances for a proposed wall within the street'rear yard of her lakeshore property. 9. 41439 Lawrence E. Langhans of 1366 Rest Point Road seeks approval of an after -the -fact conditional use permit and hardcover/lakeshore setback variances for reconstruction of retaining walls and the installation of new retaining walls within his lakeshore yard in addition to cons,ructinq a deck over foundation of a boat house that was damaged in t^e sever orm of July 1981. 10. 11440 First National Bank of �',e Lakes at 2445 Shadywood Road seeks a side setback variance and approval of a commercial site plan for the proposed installation of a canopy to he located over an existing .hive -in lane and partially over a new proposed lane located in the silo yard. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 PM. Written comments are solicited. Plans are available for review in the City offices by appointment. City of Orono By: Planning Commission. . 04 t- I I /hl --4 , z( Je ne A. Mabusth, Building & Zoning Administrator To be published the week of August 7, 1989. • lir,R�CG 1�.; G,L..:L1 � .0 � �rGnr...,;c=: ----------------------- A. CvSC :C = IG-A n —H X _ =. 3. X r C. DR : VE:-4AY Y C �u s = S. a E. gATtC/ S. F. Q G'X 11.4 x 38 • S.f. FNLSCARS t __ • S.I. AR=.aS UN0ERL%; A 3y x S. . P(.,1ST:C SHE __:NG t a S•F. 07AL YAAC(:::vs! :.*+ _-,•IE S.f. Q TOTAL FRCPe-4� AREA :Y ..:VE S.I. Q Ej ____ + 1,, x 100 _ HARDCOVC-MJL4 i 0"1 'ld0RKV,' S=--BACX ZONE: (C:RC:.__�� ------------------- --------., 8 3 A. "CUsE X = 5, l-LAG7A wIJTH 3. .-ARAGE < = S.;: . C. 400 S i -dENALX _ E. �471C/E,_:c f.LAND SCAPE- AREAS w ONCE,RLA:N 3Y 'ELASTIC SHE-37 ING X G. OTHER TOTAL HARCCCVE1 IY :ZNE S.P. LA:j TOTAL P70PS=TY AREA IN �ZyE S.F. ' �' r� C1ty o[ ORONO RESOLUTION OF THE CITY COUNCIL NO, _ 2024 A R2801AM OM G RANNTI NBC A VAtIAIXF TO WHICIPAL BOEING COOS SRCTIONII 10. 03, SO I11ISIONII 15 (C ) PI1J 11027 VWMRAS, Corinne G. Pillsbury (hereinafter 'the applicant') is the owner of the property located at 1200 Rracketts Point Rog within the City of Orono (hereinafter *City*) and legally described as fallows I Those parts of Lots 1 and 10, and of the abandoned parts of Center Avenue and of the County Road as laid out on the plat of Rearrangesient of Orono Point described as beginn! ng at the point of intersection of the Westerly line of Lot 3 extended and the extension of the North line of the South 100 feet of Let 1N thence Northwesterly along the extension of said Westerly line of Lot 3 to its intersection with the Southerly line of County Send No. 7 as now laid outt thence Easterly and Northeasterly along the southerly line of said road to its intersection with the extension of the North line of Lot It thence Cast to tbo Northeast corner of Lot It thence Southerly along the easterly line of Lot 1 to its intersection with the North line of the South 100 feet of Lot 1; thence west to the point of be4inning all in Rearrangement of Orono Point, according to the plat thereof on file or of record In the of f i -e of the Registrar of Deeds in and for said Ccuntyt hereinafter the 'property•)t and MRaRRAS, the applicant ha* &;plied to the City for a variance to Municipal Lonirq Code Section 10.03, Subdivision 15 (C) to permit the construction of a 6 foot. h! 1h wal I within the street yard of a lakeahore lot the* is not adjace►r to a major thoroughfare for a distance of 125 feet where only a 3 to 3% foot wal 1 la al lowed. NOW, THRREPOPR, RR IT AWSOLVRD by •')#b :ity urc� I ^f ^rono, Minnesota: FINDINGS I. This appli(•ation woe reviewed as ioninq File 110v. 2. The property ," IrcAted in the LP-lA Laksstere Preldential Znrirq Matric-t. 3. The propoewd var i oir.rw, s* ATrndod t+y the Cc!irvj I . wi 1 1 create no tasards or sight inn prat lrfis for uoora cf County Pood I'i er ArarRvtt• Pnint PoA4. P4,7eb : f 4 CityorORONO RISOLUTHM OF THE CITY COUNCIL too.2 0 124 4. The property is located on a busy curved section of County Road 15 requi _ ing screening from noise and car lights along the major roadway. S. A privacy fence in excess of 34 feet has been located adjacent to the County Road and Brackett* Point Road for many years on the property. 6. The structure is unique and to decrease the height within a single section of wall would destroy the integrity of the structure. T. The City Council has considered th.s application including the findings and recommendations of the planning Costsieeloar reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 8. The City Council finds that the conditions *%%sting on this property are peculiar to it and do not apply goverelly to otMr property in this soning district; that granting the tarienee would not adversely affect traffic conditions, ligate air nor Pose a fire hassiA or other danger to neig lsy To would not merely serve as a convenience to tmi he appl nt• bvt it: hi necessary to alleviate a demonstrable hardsp W diffieultyl necessary to preserve a substantial pe"Ony right •R tars applicants and would be in keeping with UM spirit and Latest' the Zoning Code and Creprehensive rlan of the City. CO IA810", 011� AM CO ITXOW used upon one or more of the above *findings, the Orono City Council hereby grants a variance to the Municipal Zoning C*de Section 10.03, Subdivision 15 (C) to amend applicant's original Froposal and to permit tt�e construction of a 6 foot high we 1 1 within the street yard of the property adjacent to Brackett& Point Road fo- a distance of approximately 55 feet ur up to the north tide of the entrance drive, subject to the fol louiny conditions; 1. A6thorit Les granted Ly this variance run with tt►e property riot with the applicant, but are permissive only and must be exerv.sed try application for a building permit within one year of the date of Count il approval, or this variance wil' expire on thr' date 1 .'ui•_ 4-H, 14d71, Pa:Ir. , k 1 4 . City of 3 .. t1ESOLW I T% M %F TIIE CtT1/ COIArCIt. NO• 2024 r� 2. violation of or non-compliance with any of the to=N aM x conditions of this variance shall constitute a •iolatiM of the v soning code, shall autmatical iy terminate any authority greeW horein, and shall be punishable as a misAemeanor. 1. The undersigned applicant has read, understood and Nthly agrees to the terms of this reso4ution mad on behalf of hiaMlt• °' his heirs, successors and assign, hereby agrees to the r0esl+10110 4 of this resolution in the chain of title of 'he property. t Adopted by the Orono City council on this 29th day of J0176 toper y Minor s i� Ma y C' . BY er , yor � �b dry- � � � ► .�_ � ., ... �. .. �. KCOO colp 1 � �► ` WIN IN t SIB i�i `, �' ` ` •r .4 .a. PA,alb 1 i IJw t !Oi Mayor BUtler Mark R. Bernhardson, City Administrator Orono Council Members tlanniAg commission member@ Press Jeanne A. Mabusth, zoning Administrator Oster June 5. 1956 tiejects i1027 Mrs. Phillip Pillsbury. 1200 tracketts Point SWa Variance fo6109 District - LR-lA P•rtls t OrdieaeoeI Section 10.03, Subdivision 15 (C) (D) APpl i ostim I a) height variance of 2 1/2' for section of wall that is adjacent to sracketts Point Poad - approximately 100 feet 010wed l 1/2 feet Proposed 0 f*et Variance 2 1/2 feet or "1t List of lthibits Exhibit A - Application Rxhibit 9 - Plat Map lxhibit C - Property Owners Ii•• Rxhibit D - Picture of Wall Rxhibit E - I.andsuipe Plan Rxhibit F - Clevatton - Southwast Rxhibit G - Staff rtetrl-h 'snap-' on exim•inq %urvey Rer i ew of Application no applicant proposes installation of a 6 foot high 'serpentine' brick ws 1 1 within the of -root yards adjacent to bracketts Point Road and County Road 15. Th.t portions of the wall located within the a:teet yard (within 50' of the street lot line) adjacent to bracketts Point. Road is in violation of the height allowance for wal Is. TlR* section of new stockade fence that wi 1 ' I ink the wa I I with moist i n q stockade fence is located in the side yard (b*ginninq at the 30 fcct setback line) and is permitted. font ig Pile 11027 June S, 1966 page 2 of 3 A solid, privacy fence has beer located along the yarl adjacent to the intersection and County Road for many years. If you ..re familiar with the subject intersection you will realise that there are no visibility or safety concerns. A privacy fence has never existed along the Araeketts Point yard or at least for no wore than 40' frca the intersection. The architect has advised that the *serpentine like' mall was originally designed and tu.lt under the direction of Thomas Jeffereor for the University of Virginia campus. It is a unique structure; a structure that any community would welcove because of its beauty and grandeur. Staff has advised the applicant's representative that the location and height of fences and walls on lakeshore p operties have ----e highly charged issues f)r our City. The architects ask that you coAsider tbo uniqueness of the structure and the need to maintain the ir:taWSty of the design and to preserve the overall landscape theme for this odd shaped street yard. If you approve this application consider the following findings: 1. The :ocation and height of the fence wi 1 1 create no hazards to safety or sighting problems for users of County Road 15 or Dracketts Point Road. 2. The property is located on a busy curved section of -% owmty rnad requiring screening from noise and car lights slug the minor roadway. 3. A fence in excess of 1 1/ 2 feet hex boom located adjaoomt to the county rced and Bracket t a Point Road for many years as this property. t. The structure is unique ar,i to decrease the height or cut back on length would destruy the integrity of the structure. S. The serpentine we' I ;s uni;3ue and would be considere.' an asset to the coa+munity. If you deny t.is application consider the following findinvq° 1. To approve a 6 foot h! 9h fence along the street yard of a minor roadway would establish a negative precedent with similar reviews. 2. Applicant has not demonstrated sufficient harJehip. 3. Motural acrooniny can provide the same effac:t. toning rile 11027 June S, 1986 Page 3 of l Ydi tiaoa.L Caro to and P 1 ann i ng Corsi s s i o n Racaars►dat ice h soticin to approve the Height var .ance failed by a vote of 6 to 2. Members failed to formally vote to Aeny the Pil1*bt.ry applicatim but the intent of the majority was clear. The applicant's representatives were well warned that privacy fends and walls are highly sensitive issues - especially for the put year. The majority recommended natural plantings in place of 6 feet high walls. The 'bricking in* effect of lakeshore lots dons not moot the intent of the Code or Comprehensive Plan. The minori nfiruod the need to screen the property from noise and lights in sideration of the curve on County Road 15 as it approaches Brackett* Point Road going eastward. The Pil.sbury lot has been defined as a 'tight lot' requiring special lsoascaping and properly placed screening to offset the only locatic: for the house in the lakeshore yard and the unique angles of intersecting roadways. The applicant ha, indeed demonstrated physical hardships. comrcil Action: To give staff conceptual direct ior, in otder to prepare the appropriate r eso 1 ut ioc, for Cc. nci 1 art i r. At next meeting. IIIW= OI 2W UNLAO OWW MNCI L NXM NG tUD MAN 9, It" .00 41027 LUNY o tiawA evergreen plantings would help out would create other problems. It way. also noted that none of the neighbors object to the wall. Acting Mayor Adams stated that he felt the proposed wall was very attractive however, the Council must consider all other wall requests that may follow this request it it were approved. He stated that "so would like to find a solution within the ordinance and that a wall is not t1is only solution to the headlight problem. Planning Commission camber Goetten stated that she voted in favor of the wall because tecause of the unique situation and headlight problem. It was moved by Acting Mayor Adams, seconded by Councilmember Hammerel, to approve the height variance along County Nd. 15 to the Griveway, and deny the height variance along Bracketcr Point Rd. Proponent indicisted they would like to reconsider their design in light of Cot nci 1'a comasnts. no furthar action taken. f10=0 Lr McC =011 C"CO POINT NA AD VAtIAWM M l2007 Leonard and Mary Ann sachkar were present ter thla matter. City AdQinistratur Berr.hardson esplelood the m.no: variance requests to construct an addition a! 1• , . s.f.; hara..over increase in the 7S-250' area bI 0.' feet side setback variance on the vest side of house It ws noted that th9re was no hardcow%r available foc trade-off, It was moved by Counci 1 member IlaWmere 1 , sec:orded by Acting Mayor Adana, tc adoopt 0e60lutlan 4200' sa Jrafted approviny r li* var - n, fps M_.t :un, Ayes 4, na} a 0. 1629 LOD CLIP/OaD• 4760 �§ Sao" Down VA LIAN= (SMOMMA.L ) Y/ol "106 12004 it was move! by Couty i 1"vMb*r t i ahm, serondod by Cewwei 1MMber Masfsutre 1, to adopt peso: ut iu;r 02004 approviag renot tl of lot area, lot width variaAcaa. Metier, Ayes 4, Nays ©. 11 NZMOM Or TNi MWLAt ORONO COUNCIL M Wr1NG KRLD JULY 28, 1966 !fly 7t03 P.N. The Orono Council met on the above date with th0 following members present: Mayor Butler, CouncilesmMCP Grabek and Adams. Counci lmevt-*c p Trahs and Ma erol were absent. The following ra;.:4aahced the City staff) City Administrator Bernhardson,'Public Works Coordisst" Cerhardson, Building a Zoning Administrator Mabusth, Assistant toning Administrator Gaffron, and City Recorder Peterson. City Attorney Slats was also present. C01�� yiiVADA• It was moved by Councilmember Adams, seconded by Mayor Butler, to approve the Corsent A neda" as submitto0. Motion, Ayes 3, Ways 0. AMMA . OF NIMWliie It was moved by CounciIsootor Adams, seconded by harms Butler, to approve the Minutes of the Regular July 14, 1986 Cous,.;il meeting as submitted. Motion, Ayes 3, Neys 0. IOW 091IM40MA CODSMATION DISTIUCT aZMRTs ltg7R Am ooe: uu✓u1P alu a�ooi,a�Ia� LMCD Representative JoBi Ion Hurt was unable to attend the sooting, therefore, it was moved by CouncilONher Adams, seconded by Mayor But let, to table this yttet until the August 11, 1966 Council meeting. Motion, hyoa 3, Nays 0. lfNfi.IC OOId9f There were no comments from tiie public at this t1/!. - aaSL IUMMIM O a awrow l javj r . PtILIP PILVwRTe 12" V011M ROAD YSdZi�Ca YOOi�li� �2020 It was moved by Counci ; wemt e r Adams, seconded by Neyw Butler, to adopt Posolutiur: 02024 gtanting a variaboo to permit the construction of a 6 toot high wall within the street yard of a lakeshote tot that is not ad)acost to a major thoroughfare for a d.. •asace of SS feet where only a 3 to 3-1l2 *Q0t wa l 1 is &1 lowed. Mot ic,r, Ayes 3, Nays 0. • HI EWM OW TM NAMING I SS ION IOW"WG on& NUT i t # i!K �91027 ILii>MT owitinved Representing the applicant: William Scott, 4roh1t4 Steve Pf laun, applicant's attorney, and Orion tarbW landscape designer. Zoning Administrator Mabusth explained the speNt height variances of 2-112 feet for installatioa Ot a 41 foot high •sepentinee brick wall within tho sts"t ? adjacent to bracketts Point Road. s Applicant's representatives noted that the need to screen noise and lighting 15. They also noted that the neighbor' the proposal. the hardsw`'I from ceenty 1 s are in fay! No one was present from the public regarding this and the public hearing was closed. sellowe questioned if she because she is related to Coulnission found no reason should abstain from Vn applicant through sort for he.* abstention in ve It was moved by Coetten, second.d by hollers, recommend approval of the proposal. MotiOA. AVM Maya 4. Motion fails. Kelley, Taylot. MQOonaldv 1 Callahan voted nay. Kelley stated that he raa eW8 to bricking in or fen,cinq in Orono and prefers a notes screening alternativ.. 01 La BAC Its CAa00 PO rWT ROAD •WIAM" l01i.IC KapRI"C' 10:37 - 10142 ..�-- Af f : Iavit was noto ci . ,-! P,j* ication and Certificate of Mailint ..en and Mary Ann Ractkes were present for this U84" • . Assistant Zoninq Administrator Caffron esplal he variances re uwsts in order to construct an adds% .n to the west side of their hoiPe. 11 proposed har.lcover increase in the 75-250' f rnm 26.0• to 29.71. These are no substantial hardeovor itomo that could reasonably be removed as a tradeoff. 21 siAw setback variance of O.S feet losvinq a 9.5 foot setback on the west side of the house. No one was proq,—# frc"► the K-ibiic reQar1linq this ,.,t—or and the public hrartnq was close,*, v l y _; ' ' MMEWDS Or M !%AM 1110 CO WSSI M 'r'700 NRT Ito it" flea! S71►id. contin"d '= it was moved by :a l lahan, seconded by NeOoMlde recommend approval of the proposed Olen with thO apron hardcover to remain. Notion, Are• da Myt ism bellows and Kelley voted nay. bellore MtSUM tOft recognises the hardship but felt the applieen! Mkt ' to the situation and that the area is alreaft Mst overbuilt. w. IY1bTL11 2 �S �011D lulff.ZC Emma= 10115 - 10119 The Affidavit was noted. of Publication and Certificate of Rolla and Nancy Martin were present for this ostlM, Assistant toning Administrator Gattroo explain" t!t request for a hardcover variance to cOnatzWt a addition in the 75-250' area which would imt`TMM hardcover from 26.80 to 27.18, no hardcover ttaden4 � proposed. . No one was present from the public fegardin* WO rM and the public hearing was closed. It was moved by Chairman Xe11ey, seconded by 040a to recommend approval as proposed. notion, Aces 0• ■ 0. 01023 SON= F. R>IIC V 4113 aGNNWD MOAO PUNUC ROUXAG 7 t 41 - 7142 The Affidavit of Putlirat:-n and Certificate of Mailing was noted. No one was present from the public revardin4; this ante! and the public hearing was closed. Edward and Phyllis Renrich were present and reQuested that this application be table,!. It was moved by Chairsrsn Ke11ey, aacorled by MCDonald to table this rater at this time. Mstlen, Ayes S, Mays 0. 4w11.1p I I.L61f'1t Y �Cl' ro"1" S !o m wo" PONUC SOWING 10s20 - l0ell$ The r+ f idavi t of PI_,bl icat ior+ anA Certificate of "I lisig w1q . ►0-1 N o1 M "GOLAR ORO►•+O COUNCIL I TIVG RRID Jw !, 1946 9CEA" aositiamed Councilmember Frahm stated that he felt they should table the utter in consideration of Attorney MCRinnon0a request to avoid the potentiality of a legal case. �b It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to table this matter until the June 23rd Council meeting. Motion, Ayes 4, ways 0. Staff was instructed to inform the neighbors that action will be taken on June 23rd with or without their representation. 11022 SOLI) a KAM Y w1MTI■ 2475 sm"TWOOD ROAD I k1AACs LiiOt MM 42006 Rolla i Nancy Martin were present for this matter. Mr. Martin reviewed the proposed plan to construct a bedroom addition which would increase the hardcover in the 7S- 250' area by 0.it. He noted the the existing decking, which was included in the hardcover does not have plastic under it. It was moved by Counci lmemt tr Hannerel, seconded by Councilr*mber Grabek, to adopt Resulution 12006 approviny the hardcover variance. M,tion, Ayes 4, Mays 0. 0142 UNd. P8ILLIP PII.i.&dURY .T8 Po I r? ROAD VARIANCs Present represent ., nq the a f,p l i cant were Attorney steno Pt laum, Architect wi I 1 iam Scott, and Landscape Designer Damon Farber. 'icy Administrator dernharoson explaimed the re"ot for a 2-1/2' height- variance for a 6' high seete on of brick well that is adjacent to Brackett* Point k_ad and Cty. Rd 15. Damon Farber stated that t he reason for t he 6' wa 1 1 i s mainly for aesthetic purpoaes no well as health and safety. lie str►te,i that the corner is busy, dangerous, acid noisy. tie r,oted that their prefurenc o is to be consistant i.e. a .t ire wall 3-1!2' or entire wall 6' in height . Steve Pt laum pointed out the areas in which the variance was iieeuded noting that in some area they can construct they 6' wall withoutt a variance. He noted that trait i pan be heard in the ticuss with windowb closed as well k-a ♦een. In addition, vehicle headlights shine directly in the house at nx(ght. he sta•vd that lu TO: Mayor Grat,ek and Council Planning Comtr.i ssi on Chairman KE I ley Planning Commission Members City Administrator Bernhardscn FROM: Jeanne Mat-usth, Pui]cling 6 7oning Administrator DATE: August 14, 19R9 SUBJ: #1438 - Mrs. Philip W. Pillsbury, 1200 Bracketts Faint Vari antes- Pull i.c Hear i nq Pertinent Sections of the Ordinance - Section 10.030 suhd. 1 5C - liel gilt of wall adjacent to Bracketts Point Road: Allowed - 3.5' or 42" Proposed = 4' or 48" Variance - 0.5' or 6" or 14$ Section 10.23, sut:d. 6B - Setback adjacent to Bracketts Point Road: Required = 50' Proposed= 3' from property line (15' from travelled road) Vp.: iance = 47' or 94% Review of Hardcover - 75-250' setback area = 3,160 s.f. Hardcover = 7,821* s.f. or 25w 250-500' setback area - 5,248 s.f. Hardcover = 532* s.f. or 2.5* *280 lineal feet of R" wall included in harcicover calculations List of Rabibits - Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Resolution 02025, approving height variance fot 6' wall in 1986 (application 01027) Exhibit E - Site Plan Approved with Application 01027 Exhit,it F - Elevation of Serpentine Wall Exhibit G - Current Site Plan Review of Application #1027 - in 1986 the Council appicved a 6' high "serpentine" trick wall within the street yard ad jacert tc Bracketts Point Rcac' and -ounty 15 (review Exhibit F, rote tha* wall .+as approved along County Road 15 up to the west side cf the exist my strive servinq the house). In granting appi(val, Coun(-i 1 advised that the remaininq portions of the serpentirc ,.all %ete to I* installed a+ Zoning File 41438-Pillsbury August 14, 1980 Page Two of Two the legal 3.5' height. The applicant failed to proceed with the installation of the wall because the variations in height would impact the integrity of the design and landscape theme for this odd -shaped property. Review of Current Application - Please review Fxhittit G, the revised plan requests approval of a 4' high sepentine wal l installed per current site plan. The applicant's architect has presented several hardships and concerns that the owner has now that she has lived in the residence for over 4 years. Briefly, they are noted as follows: 1. Rea%,y traffic on County Road 15. This appears to be the only residence located directly on tte corner and security becomes a major concern. 2. The site is low and there is no bank to discourage people from walking onto property. There Lave been instances where owner has been disrupted at odd hours of the night from persons with car problems on within this vicinity cf County Road 15 and Prrcketts Point Road. 3. The street lamp illuminates the entire corner and the applicant's residence. Natural plantings have beer ir.sta 1 led to provide screening from the headlights and the adjacent lights of the street. The problem is that there is no physical structure to prevent peop l f, f ron, walking from the road onto the property. Tht applicant proposes the installation of a 4' high serpentine wall running 280' along the north property line, County Road 15 property line, Rracketts Point Road and the south property line, per Fxhibit G. Onre agair. the new proposal does not create a vision or sighting problem for ary of the public using the adjacent roadways. The City has received no negative comments from the adjacer:t neight,ors norified of the var iarce Application. Options of Action - Denial - please refer to the necessary findings ire Section 10.08, suhd. 3, also as amended in Ordinance 24, Second Series, 7/14/86. Approval - based on the hardships and findings noted above. Approval is subject to the condition that the applicant obtain a taui lding permit prior to the installation of the 8' wide serpentine retaining wall. Additional Comments and Planning Commission Recommendation - August 25, 19F9 Page 3 The Planning Commission recommended unanimous approval of the proposed height variance and setback variance for the 4' serpentine wall. The enclosed resolution has been c;rt.fted per the approval recommendation of the Planninq Commission. MINUTES OF THE PLANNiwG COMMISSION MEETING AUGUST 21, 1989 ZONING FILE 11436-MITCHELL CONTINUED and the public hearing was continued. It was moved by Chairman Kel ley, seconded by Planning Commissioner Bellows to table this application. Motion, Ayes=5, Nays=O, Motion pasrec:. #1437 JOHN B.A. IDSTROM, II 2580 FOX STREET VARIANCE PUBLIC BEARING 8:28 P.M. TO 8:30 F.M. The Affidavit of Put Ii caticr and Certificate of Mailing were duly noted. Mr. and Mrs. Idstrom w(,re present for this matter. Assistant Planning and Zoning Administrator Gaffron explained that the applicants are requesting a variance to allow for the construction of a horse barn. The barn will meet the setbacks required to rouse horses. Planning Commissioner Bellows recommended that, given the odd shape of the lot, the Planning Commission make very clear tha any future subdividing will require the barn to be removed. Pla .ling Commissioner Hanson asked about the time period allowed for such removals to take place? Gaffron replied that typically 180 days is allotted for eitrer the removal of the accessory structure or the construction of a principal residence. There were no 7omments from the public regardinq this matter and the public hearing was closed. It was moved y Planning Commissioner Cohen. seconded by Planning Commissioner Hanson, to recommend approval of the variance allowing an accessory structure nearer the front lot line than the principal structure. The hardship in this application is the configuration of the lot... Approval is subject to the vegeta,ion being maintained. Motion, Ayes=5, Nays-0, Motion passed. i14M w. VWLIP PILLSBURY IM W,CMWG S POINT ROAD r I PUBLIC d=ARING 8:40 P.M. TO 8:45 P.M. The Affidavit of Publication and Certificate of Mailing were :July noted. Mrs. Pillsbury was present `or this matter. Building and Toning Administrator Mabusth explained that the applicant was proposing to construct a four foot wall along the north property line abutting County Road 15, along Bracketts Point Road and continuinq along the east lot line. Mat-�usth said that Council had originally approved a height variance 'ter a 6' MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 21, 1989 ZONING FILE #1438-PILLSBURY CONTINUED high retaining wall to the driveway only. Beyond the driveway, the wall was required to be 3.5'. However, applicant chose not to proceed with this application because she preferred to have the wall at one continuous height. There were no comments from the public regarding t.hil� matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Johnson, to recommend approval of application 01438, for a 6" height variance for a serpentine brick wall. Motion, Ayes-5, Nays-0, Motion passed. #1439 LAM►RSNCE B. LANGHANS 1366 RUT POINT ROAD AFTER -TER -FACT CONDITIONAL USE PERMIT/VARIANCE PUBLIC 6EARI1IG 6:50 P.M. TO 8:53 P.M. The Affidavit of Puhlication and Certificate of Mailing were duly noted. The applicant was present for this public hearing. Assistant Planning and Toning Administrator Gaffron informed the Planning Commission that the applicant was seeking after -the - fact approval for a deck and retaining walls in the 0-75' setback zone. Gaffron said that at one time there was a boathouse, but in the 1987 :'-orms the boathouse was damaged beyond repair. The applicant removed the damaged structure, but left a portion of the concrete walls to act as a retaining wall for the bank. Mr. Langhans then built a deck using the pre-existing foundation as partial footing. The applicant is also constructing another section of retaining wall adjacent to the deck. He said that it was staff's recommendation that the foundation should remain because it is helping to stabilize the bank. Staff also believes that the retaining walls are '_so necessary. Gaffron noted that there were several letters F orting this application. There were no comments from the public regarding this matter and the public hearing was closed. Planning Commissioner Johnson stated that if this application were not after -the -fact, the Planning Commission would not have recommended approval to build the deck. He felt that they were now forced t 3 act and that Mr. Langhans should have been aware of the City's codes and ordinances due to his profession as a rea ltor. Mr. Langhans explained that he had done what was necessary to prevent further erosion. Johnson noted that the City was issuing emergency permits for bank stabilization after the July, 1987 storm Mr. Langhans also mentioned that he had reduced hardcover. Gaffron sai _hat r.�movinq the concrete wall wcul,t prf % i.`*- 12 ZONING PILE NO. 1418 CITY OF ORONO NOTICE. OF PLANNING COMMISSION ACTION P.O. Pox 66 Crystal Bay, MN `5123 473-7357 Date of Notice: 8/25/89 ---------------------------------------------------------------- TO: Mrs. Pillsbury COPIES TO: Setter Leach 6 Lindstrom 1200 Brackett', Point Poad Attn: Al Paulson Wayzata, MN 51,391 1011 Nicollet Mall Minneapolis, MN 55403 Stephen Pflaum Leonard Street & Dienard 150 S 5th St, St 1300 Minneapolis, MN 55402 TYPE OF APPLICATION: Variance ------------------------------------------------------------------ DATE OF MEETING: 8/21/89 VOTE: Far C ^%(Jainst Planning Commission recommends the fotlovinq: Approval as submitted NOTES AND SPECIAL CONDITIONS: The enclosed resolution will be presentee to the Council at their August 28, 1989 meeting. Please contact my office if you have any questions concerning the findinqs and conditions set forth in the approval resolution. Applicant's next scheduled meet i nq is c onf i rme," as: City Council Monday, August 28, 1989; meeting starts at 7:00 p.m. '.0. 10 ?' _ W - .qlr-7 r City of ORUNO RESOLUTION OF THE CITY COUNCIL NO. 690 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.153, SUBDIVISION 15 (C) AND SECTION 10.23, SUBDIVISION 6 (B) FILE #1438 WHEREAS, Mrs. Philip w. Pillsbury (hereinafter "the applicant") is the owner of the property located at 1200 Brackett's Point Road within. the Cit•✓ of Orono (hereinafter "City") and legally descri:,ed as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 15 'C; and Section 10.23, Subdivision C 'B) to permit the w_allation of a 4' high wall within the required front/street } whe_e only a 3�' high wall is all,)wed and located a mately 3' f rom the street 1 of 1 ine cf Brackett's Point Road -� a S0' setback is required. NW, THEREFORE, BE IT RESOLVED by the City Cou.icil of Orono, Minn. )ta: FINDINGS 1. '^his application was reviewed as Zoning File 01438. "he property is located in the LR-lA Single Family Lakeshore Residential Zoning District requiring 2 acres in area. 3. The Orono Planning Commission reviewed this application on August 21, 1989, -.nd recommended approval of the proposed va:,.ances based upon the following findings: A) The location of the wall will present no :iazards or sightinq prot.,e:r, for users of County Road 15 or Brackett's Point Road. B' The propezt.! is located on a _ .,cy curved intersection of County Road 15 and security nas become a major concern for the applicant. Paqe 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. C) The property is at the same level as the County Road and surrounding properties have steep rising banks to discourage pedistrians from walking onto property. The applicant has noted instances where persons with car problems within the vicinity of the intersection seek help at her residence at odd hours of the right. ) The stret., _ amr 1 1 1 uminates the entire corner and the applicant's residence. Natural plantings have been installed to provide screening from the headlights and the adjacent lights of the street, but the problem is that there is no physical barrier to prevent people from walking from the road immediately onto the property. 4. The City Council has considered this application including the findings and recommendation- of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sect -on 10.03, Subdivision 15 (C) and Section 10.23, Subdivision 6 (B) to permit the installation of a 4' high wall within the side street yard of the property where only a 3�' high wall is allowed and to be placed 3' from the street/side lot line instead of the required 50', subject to the following conditions: 1. Applicant or applicant's representative must obtain a building permit for t'^e installation of the 8" wide retaining wall. Page 41 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variar^e will expire cn that date (August 28, 1990). 3. Violation cf or nor. -compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in t!:e chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of August, 19M. A ST: W. D rothy Hallin, City Cle - James R. Irabek, .. yor ' 1 Property OWnprr�� STAT OF MINNESCTA ) ) ss. COu TY Or HENNEPTN ) The foregoing instrument was ac,nowledaed before me or. this 28th day of August, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Not ry Pu: i c URIE K. SCHEFFLER 3 HtNftPW4 CouNil My Comrriss.or. E Page 3 of 4 `r. City of ORONO S SOTA ss. COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. :'b90 1' 4' On this I ` day of ) �i %-L riu.� __, 198. before me a Notary Public within and for said county, personally appeared t�u/}(1��G (' known to me to be the person+xi- described in atnd who executed the foregoing instrument, and acknowledged that,he Ft+tej) executed the same as . cllti�- l.tba` free act and deed. NOTARY ■ fU&1 • : Mn..... . ' HENNEPiN CCUWTY h y Comnss!on E - pares Nov iq 199. a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and whc executed the foregoinginstrument, and acknowledged that he (they! executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 cf 4 FILE No. 143'' Those parts of Lots 1 and 10, and of the abandoned partsxof- Center Aeenu• and of the County Road as laid out on the plat of Rearrangement of Orono Point described as beginning at the point; of intersection of the Westerly line of Lot 3 extended and the - extension of the North line of the South 100 feet of,Lot►li4 thence Northwesterly along the extension of said Westerly lieu ofs Lot 3 to its intersection with the Southerly line of County Assd, No. 7 as now laid outs thence easterly and Northeasterly alongv the Southerly line of said road to its intersection with the-t extension of the North line of Lot it Hence last to th• Northeast corner of Lot It thence southerly along the easterly line of Lot 1 to its in ersection with the North line of the? South 100 feet of Lot 11 thence west to the point of beginning all in Rearrangement of Orono Point, according to the plat,. thereof on file or of record in the office of the R491strar of Deeds in and for said Countyt (hereinafter the •property')t and , MINUTES OF THE ORONO COUNCIL MEETING OF AUGUST 28, 1989 ZONING FILE #1429-BURGESS CONTINUED involving any excavation of the lakeshore with the policy being that the natural terrain was best. Nettles said that he interpreted the City's ordinances to s3v just that. Nettles said that Mr. Burgess's proposal went far beyond what was required to restore the lakashore. City Administrator Bernhardson suggested that conceptual denial be given so that a resclution could be drafted and brought forth at the September 11, 1989 Meeting. Goetten assured Mr. Burgess that the Council does look upon each application individually. Mayor Graiek amended his motion to inc:icate that conceptual denial be given and that a resolution of denial be brought back to the September 11, 1989 Council Meetina, Councilmember Goetten seconded. Motion, Ayes=3, hays=0, Motion passed. 11433 LOREN BUTTERFIELD 3925 WATSRTOMN ROAD CONDITIONAL USE PERMIT RESOLUTION #2688 Mr. Loren Butterfield was present for this matter. City Administrator Bernhardson briefly explained that Mr. Butterfield was applying for a conditional use permit for the removal of peat. The P inning Cormission had recommended approval of this applicati subject to remo-,al not exceeding 300 cubic yards per year. It was moved by Mayor Grabek, seconded by Councilmember Nettles, to adopt Resolution 02688, approving the Conditional Use Permit for peat removal for Mr. Loren Butterfield. Motion, Ayes-3, Nays-0, Motion passed. i143S JORN NAFUS 2580 DUNNOODY AVENUE VARIANCE RESOLUTION 2689 Mr. and Mrs. Nafus were present for this matter. City Administrator Bernhardson informed the Council and Mayor Grabek that the applicants wished to construct a 34'x 24' storage addition. It was moved by Councilmember Goetten, seconded by Mayor Grabek, to adopt Resolution 02689, approving a 1' sideyard setback variance for the construction of a storage add�tion for John and Gail Nafus. Motion, Ayes=3, NaysaC, Motion passed. 1424 NM. PKILIP PILLSBURY 12" Murt.'tsrra POINT ROAD VARIAMM RESOLUTION #269 Mr. Al Paulson, Mrs. Pillsbury's architect, and Mr. Stephen Pflaum, her attorney were present on her behalf. City Administrator Bernhardson explained that. previously, 7 MINUTES OF TBE OROW) COUNCIL MEETING OF AUGUST 28, 19C9 ZONING FILE #1438-PILLSBURY CONTINUED Mrs. Pillsbury had applied to the City for approval to construct a 6' serpentine wall surrounding limited areas of the property. The Council at that time had indicated they would only approve a 6' wall on that portion of the property bordering on County Road 15 to the driveway. The applicant chose not to proceed with that plan and is now requesting approval to construct a 4' wall. Counci Imember Gcetten stated that in her opinio>>, the wall was most needed. It was moved by Councilmember Goetten, seconded by Councilmember Nettles, to adopt Resolution 02690, approving construction of 4' sepentine wall for Mrs. Philip Pillsbury, per staff recommendations. Motion, Ayes=3, Nays-O, Motion passed. ROAD NAME REQUEST DENMIS KUMLIN• It was moved by Mayor Grabek, seconded by Coui lmember Goetten, to accept "Gander Road" as the street name for Dennis F. Kumlin's subdivision. Motion, Ayes=3, Nays=0, Motion passed. MAYOR'S REPORT: ONONO CROTENNIAL Mayor Grabek said that the Centennial fund needed an additional $8,000.00. Mayor Grabek showed the design that will be used for the medallion and will be given as a token of appreciation for contributions. Mr. Roehl's book has been submitted to the printer and is expected to be approximately 80 pages with 100 photographs. The book will be leather-bound aid will sell for $14.95. The Centennial Ball will take plac> >n October 13, 1989, with the "Golden Strings" provi(ing entertainme. Mayor Grabek said that contributions thus far total approximately $9,000.00. CITY ADMINISTRATOR'S REPORT: DENONAN DRIVN City Administrator Bernhardson said that the residents of Deborah Drive, a private road, were requsting the installation of speed bumps to assist with the maintenance of the speed limit. The residents had submitted a plan to pave Deborah drive and the plan included the speed bumps. However, the City Engineer did not review or approve the speed bumps. Mr. Thomas Betz, President of the Home Owners' Association, explained that the homeowners agreed to do the paving with the understanding that there would be speed bumps. Mr. Betz said that there were many children in the neighborhood and there has been severa 2 accidents. He said that the homeowners vote3 7 to 2 to approve the blacktop with speed bumps. Mr. Greg Carlin echoed Mr. Bet z's comments that the paving was co.tditioned upon the insta l lAtion of the speed bumps. He a APPLICATION NO. 1438 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 09/06,89 ------------------------------------..--------------------------------------- TO: COPIES: Mrs. Philip W. Pillsbury Mr. Stephen Pflaum 1200 Bracketts Point Road Leonard, Street 6 Deinard Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: XXX Variance Conditional Use Permit Subdivision Other DATE OF MEETING: August 28, 1989 VOTE: 3 For 0 Against ----------------------------------------------------------------- COUNCIL ACTION - NOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please see that the three original resolution copies are returned to the City Offices at your earliest convenience. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than Auqust 28, 1990. Please contact Jeanne Mabusth (473-7357) if you have any questions concerning the findings and conditions of the above referenced resolution. WNW _-% � 3 _ ..�_ ... s Ste"' 1