HomeMy WebLinkAboutProject Packet.. C� c+ .10
CITY OF ORONO - VARIANCE APPLICA?ION
Initial Application Fee $150.00 ($50.00 per each additional variance)
Renewal Variance Fee $75.00 (no change from original application)
After -the -Fact Fees (Double application fee)
----------------------- ----------------------------------------------------
FR•OPMRTY LOCATION
Site Address 1200 Cracketts Point Road
Property Identification Number ( P. I . D. ) 11-117-23-32-0001
Please check one - Is the property abstract or X torrens?
Please
attach legal description to
application if not included on
required
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survey.
APPLICAM'!'
Name
Mrs. Philip W. Pillsbury
Phone
473-8682
Mailing
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Address 300 West Ferndale Road,
Wayzata,
Minnesota 55391
ONIaR
Name
Mrs. Phi 1 i;i 11. Pi 1 1 sbury
Phone
473-8682
Mailing
Address _300 West Ferndale Road,
Uayzata,
Minnesota ti5391
Date Property
Acquired May 1, 1986
(month/year)
I (do) ((do not))also own tlNe adjacent
parcels
of land.
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------------------ -- - - ------
FI MSIMT MR
OF PIROVIUM
Present
Zoning District LA -I
Present
Use of Property Res '_ial
Residential
3ther (specify)
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DMSCIRIFTION OF RMQORST Estimated Construction Cost $ 7002000
Describe request in detail: Ilei(*t ,,iriance for proposed location of -,creen
wall within rear.'street/yard
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VARIANCMS RMQOIRMD
Lot Area Lot width Hardcover
Setback Variances ( Front Side x Rear)
Other
--------------------------------------------- ..------------------------------
SARDSRIP
Describe undue hardship or practical difficulty resulting from strict
enforeemeot of ;onio r� lulhations : Ileadl iahts and noise from cars and
trucks on County Cad I? Will shine dire"criv on house
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DESCRIPTIOr OP UNUSUAL PROPERTY COMITIONS
Describe unusual property conditions preventing compliance with Zoning
Code Requirements: Lot borders on Count Road 15. Small size of lot restricts
siting house in a pore favorable location.
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MQUIRM SWAKIT!'ALS
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you can obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamped, legal sized envelopes (010) pre -addressed to each of the
names on the above list with no return address.
4. Certificate of survey including hardcover calculations as required.
5. Plat Map.
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The Applicant and Property Owner must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
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APPLICAMT'S SIGMRTURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay all fees and/or
unusual expenses incurred in review of this rpplication, and certifies that
the information supplied is true and correct to the best of his/her
knowledge.
Mrs � �_ 1 ((� W. Pi 1 1 sbury
Applicant's Signature Date
r
n MRS SIG>NATORs By: Stephen R. Pflaum, Attorney -in -Pact
The owner hereby ackowledges and agrees to this application and further
authorizes reasonable entry unto the property by City staff, consultants,
agents, Commission members, and Council members for purposes of investiga-
tion and verification of this request.
Owner's Signature Date
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Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month.
RUN CATE 04/30/86
• BATCH 005
38 11-117-23 23 0008
PROP ADDR 01491 SHORELI+:E DR
CWNER NAMIE R H EVANS
TA*%'PAYER R H EVANS
►: Y.E/AGJR 1491 SHOPUTNE DPIVE
WAYZATA MN 55391
38 11-117-23 32 C010
F"'nP ADDR 01265 BRACKETTS POINT RD
(:8t_R NAME MICHAEL E LYMI III A WIFE
TA:•:PAYER MICHAEL A JCRJA LYt*l III
NAt1E/ADDR 1.705 C.RACKETTS POINT
1tA1'ZATA HN E53QI
HENNEPIN CMMY PROPERTY IfIMMATION SYSTEM
PROPERTY OWNEPS LIST
38 11-117-23 23 0016
01480 GREEN TREES RO
C A S PLATOU
CARL i SU3AN PLATOU
1480 GREEN TREES RD
WAYZATA Mt 55391
38 11-117-23 32 0018
Thomas & Ella Crosby
Thomas b Ella Crosby
1220 Bracketts Point Rd
Wayzata, MN 55391
38 I1-117-23 32 0013
CORINttf GAIFFITH PILLSBUPY
CGRINt1E G PILL.SBLMY
1300 TCF TOWER
MPLS MN 55402
AEPOPT N0. PI4?S401
P)GE 9
38 11-117-23 32 0001
01200 8XACFFTTS ITINT VP
Ct'RItaAE GOIFFITH PILL5eLWY
CU!7ItA:E G PILLSBU01
1300 TCF TOWER
*IPLS Mot 55402
`CTAL ?ATCH COS ORC^..5
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TPUE
P URESE!JTATION OF INFORMATIEe1 AS IT APPEARS THIS DATE ON THE RFCORD3
OF THE HV41EFIN COUNTY DEPAPTME14T OF PROPERTY TAYAT !. TO T1t BEST
OF MY KNOWLEDGE AND BELIEF`L.
C
# IL027
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I u ry OP ()uwci
ISOTK f
"r PNWW- QeaeetOM we hey M*ft Affidavit of Pubikotion
rwerP♦ w +►. cweeol o>t.rr.a w i !» tter+
a"— Ihr w try. MW to +MP on a+e
eAMW of an WW use SPOW. W" State of Minnesota, County of Hennepin
100 A)e� y ?ors b+aayesma
—+bMeW WWW1 .. to WVVW an .r
rt±MWWWOe Bill Holm, being duly sworn on oath says that he is
on sameP 1"Mooatiee
Aw�-dIewa wP w.eOwlw'"feew an authorized agent and employee of the pubilisher
to of the newspaper known as THE LAKER, Mound. Min-
a' � .w.'W%r%ftOWiWOnoww nesota, and has full knowledge of the facts which are
�.o stated below
4 �oiw l.w Oeet+ea i�) (loom Pa"
w Lee c7i1imr Oro „W" W.0 A ) The newspaper has complied with all the re-
0°"e"411aiii111e &e&*AWh quirements constituting qualifications as a qualified
i f! tow Cho" A Dow Ia10 Lrww newspaper, p Y
%"ON -w.�la WW" 0,e,.,,, e„s paper, as rovided b Minnesota Statute
MMONORW
�' Nst » 331 A 02, 331 A 07. and other applicable laws, as
�481111111AWc�
mamended
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which is attached was cut from the columns of said
111"d LOOWWO sewed, rho ,,��..newspaper and vyNs orinted and published once each
`SOMA~ to PwWW OWWW4~ M ewes week for // successive weeks
anemad ann w Pert
AP earewre .~Pict t w wewd we see...
,in~ rwtttwennowraws�w �" It was first bhshea Tuesday. we srePrPt ti +.we. w toe oey sns,se I% Y.
J111111011the day of !" 19O
" , �""' and was thereafter prin2�d d publ►shed every
� ?am Tuesday, to and including uesday
i^YYae w by laser �
t ne day of 19
Sub.,/-i iibeed' and sworn to me on this
f r clay of 19.
.. ` By
Notary Public
Rate /MbNI1�
11) LO~ c4eeAM0 rate pail t+ti , ommerc+ai Peers row ooV8F&t e
"me $? iM Per inch
12) A/eiw"w" rate sea~ C ty wow ror sb(we man« $4 54 per e+ch
13) Nate actudly CftWj r,J t,w abnve miter $4 ' 4 per wv--A
Each addMond *L"v a * wrsei, a.! 03 w rrxyr
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council
Chambers at 1275 South Brown Road on Monday, May 19, 1986, on the
matter of the following land use applications:
1. #1023 Rolla M. Martin, 2675 Shadywood Road - Hardcover
variances to permit an addition to existing residence.
2. 11025 Edward P. Her rich, 4115 Highwood Road - Lot area
and lot width variance required to build on adjacent lot.
3. 11027 hi 1 1 ip Pillsbury, 1200 Bracketts Pont Road -
Se!;; height variances for proposed wall.
4. #1028 Len Bachkes, 2813 Casco Point Road - Hardcover
variance to permit an addition to the existing residence.
5. 11029 Leo Clifford, 4760 North Shore Drive - Renewal
lot area/width variance.
6. 11030 Charles D. Dollar, 1610 Lakeview Terrace - Side
setback variance to permit addition to existing residence.
7. 11031 Mark Hunsley, 3464 Eastlake Street - Hardcover
var4ance to permit installation of a patio within the
protected lakeshore setback area.
8. #1032 Brian Fulmer, 3505 Wayzata Boulevard - Variance
to Highway 12 Study Area Moratorium Ordinance to permit a
sewer connection to the Maple Plain/Long Lake interceptor
for a permitted, existing commercial/residential use.
9. 11033 Royal. Dosnett, 2795 Pheasant Road - Lakeshore
setback and hardcover variances to permit construction of
three seasoned po:c:h and patio.
All persons wishing to be heard will appear at this time.
Written comments are solicited. Plans are available for review
in the City offices.
City of Orono
By: Planning Commission
it -
Jeanne A. Mabusth, Zoning Ad
ministrator
To be published the week of May 5, 1986
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
CERTIFICATE OF MWILIIIG
ss.
I, Amy Klaers, of the
Minnesota, do hereby certify
concerning the matter of 01027,
property owners list on the 6th
City of Orono, Hennepin County,
that a Notice of Public Hearing
has Seen mailed to the a*cached
day (,f May, 1986.
Ivi Witness Whereof, I have hereunto set my hand acid seal
this 6th day of May, 1986.
Amy '-K I aer
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612 338-8741
1011 Nrcoflet Map
Minneapolis. Minnesota 5W. 3 2491
Setter. Leach & Lind%tnilm Inc.
Architects Engineer. Planners
tair11 25, 1986
Ms. Jeanne Mabusth
1335 Brown Road South
PO Box 66
Orono, MN 55323
Re: CORINNE G. PILLSBURY
1200 BRACKETT'S POINT
ORONO, MINNESOTA
Dear Ms. Mabusth:
American Institute of Architects
National Society of
Professional Engineers
# 1027
ROAD PROPERTY
We are enclosing a "request for Variance Application for the
above -noted property, together with the Hennepin County Certification
of Property owners within a 150' - 0" radius of that property. Also
enclosed are address labels and stamped #10 envelopes as required.
The Certification of Property Owners is dated August 7, 1985, and we
understand that there have been no changes in property ownership since
that time. We will, however, obtain a list with a current date and
forward that to you in several days. To cover the initial application
`ee of $150 and the S50 charge for the hearing sign, we enclose a
check for $200. We trust that you have everything you will require
from us in advance of the Planning Commission's next meeting. If not,
piease let us know.
Very ; rlf ly yocrs,
William W. Scott, FAIA
Principal -in -Charge
jm (p-6 )
Enclosures
xc: Stephen P1fAum
612 338 8741
1011 N-collet Mall
Minneapolis. Minnesotr 55403 2491
American Institute of AfOulects
National Society of
Prolessronal Engineers
Setter. Leach & Lind%troin Inc.
Architects Engineers Plani,
May 1, 1986
Ms. Jeanne Mabusth
1335 Brown Road South
P.O. Box 66
Orono, MN 55323
Re: MRS. PHILIP PILLSBURY
1200 BRACKETT'S POINT ROAD PROPERTY
ORONO, MINNESOTA
Dear Ms. Mabusth:
MAY_2
In our letter to you dated April 25, 1986 in which we submitted a Request for
Variance Application for the above -noted property, we attached the Hennepin
County Certification of Property Owners within a 150'- 0" radius of that
property. The certification of that list was dat I August 7, 1985. While
property ownership has remained unchanged since that date, we have obtained and
are enclosing a current list with a certification date of May 1, 1986. Also
enclosed are the appropriate labels.
Please contact us if there is additional information the Ci!y of Orono will
require in its consideration of this Variance Request.
Very truly, yours,
William W. Scott, FAIA
Principal -in -Charge
jm (p-6)
1857.001.01-2
Enclosures
xc/enc: Stephen Pfiaum
MINUTES OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
#1022 SCHAI.L continued
It was move] by Callahan, seconded by McDonald, to
recommend approval of the proposed plan with the back-up
apron hardcover to remain. Motion, Ayes 4, Nays 2.
Bellows and Kelley voted nay. Bellows stated that she
recognizes the hardship but felt the applicant bought in
to the situation and that the area is already very much
overbuilt.
LLA N. MARTIN
2675 SMADYMOOD ROAD
VARIANCES
PUBLIC HEARING 10:15 - 10:19
The Affidavit
was noted.
of Publication and Certificate of Mailing
Rolla and Nancy Martin were present for this matter.
Assistant Zoning Administrator Gaffron explained the the
request for a hardcover variance to construct a bedroom
addition in the 75-250' area which would increase the
hardcover from 26.8 % to 2.7.1 %, no hardcover trade-off is
proposed.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Chairman Kelley, seconded by McDonald,
to recommend approval as proposed. Motion, Ayes 6, Nays
0.
f1025 EDMARD P. HBMRICH
4115 HIGHWOOD ROAD
VARIAMCW
PUBLIC HEARING 7:41 - 7:42
The Affidavit of Publication and Certificate of Mailing
was noted.
No one was present from the public regarding this matter
and the public hearing was closed.
Edward and Phyllis Henrich were present and requested
that this uppli coat ien be gabled.
I t was -�ov( d by cha i rmdT, rc 11 l ey, seconded by McDonald to
table this mar,er at this tire. Motion, Ayes 6, Nays 0.
HILLIP PILLS3URY
�WO�OSXMCRETTS POJNT ROAD
VARIANCES
PUBLIC HEARING 10:20 - 10:35
The Affidavit of 11i,blication ind Certificate of Mailing
was noted.
7
MINUTE'S OF THE PLANNING COMMISSION MEETING HELD MAY 19, 1986
`01027 ILLSBURY continued
Representing the applicant: William Scott, architect,
Steve Pf laum, applicant's attorney, and Damon Farber,
landscapq designer.
Zoning Administrator Mabusth explained the request for
height variances of 2-1/2 feet for installation of a 6
foot high "sepentine" brick wall within the street yards
adjacent to Bracketts Point Road.
Applicant's representatives noted that the hardship was
the need to screen noise and lighting from County Rd.
15. They also noted that the neighbor's are in favor of
the proposal.
No one was present from the public regarding this matter
and the public hearing was closed.
Bellows questioned if she should abstain from voting
because she is related tc applicant through marriage.
Commission found no reason for her abstention in voting.
It was moved by Goetten, seconded by Bellows, to
recommend approval of the proposal. Motion, Ayes 2,
Nays 4. Motion fails. Kelley, Taylor, McDonald, and
Callahan voted nay. Kelley state' that he was opposed
to bricking in or fencing in Orono ..nd prefers a natural
screening alternative.
LEA OACHRES
ilo
G1SCO POINT ROAD
VARIArCs
PUBLIC SEARING 10:37 - 10:42
The Affidavit
was noted.
of Publication and Certificate of Mailing
Len and Mary Finn Bachkes were present for this matter.
Assistant Zoning Administrator Gaffron explained the
variances reluests in order to construct an addition to
the west side of their home. 1) proposed hardcover
increase in the 75-250' from 26.0% to 29.7%. There are
no substantial hardcover it+ems that could reasonably be
removed as a tradeoff. 2) side setback variance of 0.5
feet leaving a 9.5 foot set back on the west side of the
house.
No one was prc�s-nt from the public regardi nq this mat `er
and the public hearing was closed.
8
ZONING FILE 10
CITY OF ORONO NOTICE OF PLANNING COIL ACTION
P.O. Box 66
Crystal Bay, MN 557123 473-7357 Date of Notice: 5/27/86
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TO: Stephen R. Pflaum COPIES TO: Wm. F. Scott
Leonard Street i Dinard Setter, Leach i Lindstrom
Suite 1500 1011 Nicollet Mall
100 South Fifth Street Minneapolis, MN 55403-2491
Minneapolis, MN 55402
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TlPE OF APPLICATION: XX Variance
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OATE OF NEW NG: 5/19/66 VOTE: 4 For 2 Against
Planning Commission re w snds the following:
XX Denial: For reasons noted below
NOT= AND SPNCIAL CONDI?IONS:
The majority of four stated that they opposed the "bricking
in" or privacy fencing use in Orono and recommended a natural
screening alternative. If new material is to be submitted for
Council's review, please see that it is delivered to the Building
i Zoning office by Tuesday a.m., June 3, 1986.
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Applicant's next scheduled meeting is confirmed as:
Council June 9, 1986
If the applicant has trouble obtaining additional
information, please, contact the Zoning Department (473-7357).
If you desire certified copies of the official Planning
Commission minutes, they are available from the City Recorder or
City Clerk after r-3view and approval by the Planning Commission.
Ifornora rid urn 612 / 336.6741
1011 polMall J �J V
Minneaapolis,is, Minnesota 55103
Setter, Leach & Lindstrom
Architects, Engineers & Planners
American Institute of Architects
National Society of
Professional Eng,neers
a %--
COM. No.: 1857.001.01-2
CLIENT` Mrs. Philip W. Pillsbury
'ROJECT: New Residence in Orono, Minnesota
SUBJECT: Garden Wall
MEMO By: Jeffrey G. Carlstrom
DATE: May 28, 1986
On May 27, 1986 I met with Jean Mabusth at the %:ono City Hall; I inquired as
to the location requirements for a 6'- 0" high garden wall on the site at
Brackett's Point Road assuming strict compliance with the zoning ordinance and
assuming a garden wall plan per Damon Farber's design dated May 16, 1986. The
attached site plan in.ficites the extent of construction along County Road 15
for which the garden wall is within compliance.
Note that the 6'- 0" high garden wall may be constructed adjacent the north
property line beginning at a point 50'- 0" from the northmost boundary of the
County Road 15 property line.
If, in y�r review of this memo, you find that your interpretation of any of
the 6bj matter varies, please advise us.
Je3FFy- J--C,.,-l!,trom, AIA
Pr ect rchitect
ffl� (p-6)
Attachment
xc: Mrs. Pillsbury
Stephen Pflaum
William W. Cott, FAIA
Principal -in -Charge
!o = 0 %,, ;,J1�. tJmwjsa � wliM+s: .
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Letter of Transmittal
Setter, Leach & Lindt•rom Inc.
Architects and Engineers
DATE: JUNE 5, 1986
612/338-8741
1011 Ntcollet Man
Minneapolis, Mtnnewta 55403
American Institute of Architects
National Society of
Professional Engineers
TO: JEANNE MABUSTH, ORONO CITY HALL
1335 BROWN ROAD SOUTH
ORONO, MN 55323
ATTN:
RE: PROJECT A NEW RESIDENCE FOR MRS. PHILIP W. PILLSBURY
ORONO, MINNESOTA
COM.NO 1857.001.01-2
GENTLEMEN:
WE ARE SENDING YOU J�A`TACNEU tiNLILRSEPARATECOVERVIAI HOurSSenTHE FOLLOWING
❑ SHOP DRAWINGS I PRIN'S PLANS ❑♦AMPLES ❑SPECIFICATIONS
OCOPY OF LETTER ❑CHANGE ORDER ❑
CO►IES _ NO. DATE aC
DEril►TION
1
6-5416
LETTER DATED JUN
1
SITE PLAN WITH C
THESE ARE TRANSMITTED
E 5, 19C6
ESIGN FOR 3'- 6" HIGH WALL
L l FOR APPPOVAL 5L FON REVIEW AND COMMENT El REVISE & RESUBMIT__..--COMggFOR MPWMi&
f FOR YOUR USE [ APPROVED RE TURNED FOR CORRECTIDNS
❑ AS REQUESTED APPROVED AS NOTED L7 NOT APPROVED
El
REMARKS.
STEVE PFLAUM WILL BE IN CONTACT WITH YOU CONCERNING 3'- 6" WALL DESIGN.
FILE
COPY To
JE"AET G. CARLSTI!
SIGNED ..
If ENCLOSURES AR6 NOT AS NOTED, KINDLY NOTIFY US AT ONCE
f 12 338 8741
1011 Nicollet Mall
M nneapolrs. Menresota 55103 2491
American Institute of Architects
National Society of
Professional En®meers
Setter. leach & Linu�trom Inc.
ArchhecL% hnKineerti Planner.
June 5, 1986
Ms. Jeanne Mabusth
1335 grown Road South
PO Box 66
Orono, Mai 55323
Re: A NEW RESILIENCE FOR MRS. PHILIP W. PILLSBURY, ORONO, MINNESOTA
Dear Jeanne:
We would like to clarify our understanding of the length of 6'- 0" high garden
wall that would require a variance based on the original design by Damon Farber
Associates, dated May 16, 1986.
Attached you will find one memo dated May 28, 1986 with accompanying
illustration showing what we believe to be the extent of 6'- 0" high garden
wall that - by design - is within the requirements of the Orono Zoning
Ordinance.
The segments of garden wall shown by heavy line are allowed by the ordinance;
the segments of garden wall requiring a variance are 1) one segment beginning
at a point located at the intersection of the "southerly line of County Road
No. 15" and the "north line of Lot 1" and running east adjacent and parallel to
the "north line of Lot 1" for 50'- 0"; 2) a second segment beginning at a point
located by measuring south 30'- 0" from the intersection of the "northerly
extension of the westerly line of Lot 3" with the "southerly line of County
Road No. 15" and then by measuring west 10' - 0" along a 1 i tie perpendicular to
the "northerly extension of the westerly line of Lot 3" and running south along
Brackett's Point Road for 25'- 0"; 'A) a third segment beginning at a point
(located at the intersection of the "northerly extension of the westerly line
of Lot 3" and the "north line of the so+ith 100 feet of Lot 1") and running
north along Brackett's Point Road for 65'- 0".
Please verify these locations is we feel it is important there is a clear
understanding of where a variance i5 requi-lid. We will phone you the morning
of June 9 for your response.
Sin 1
(i Jef . Caristrofr, AIA Wil la4�cott. FAIA
,\Pro ect Architect principal -in -Chat
Jo (p-6)
1857.001.01-2
xc: Mrs. Pillsbury, Stephen Pflatim
To: Mayor Butler
Mark E. Bernhardson, City Administrator
Orono Council Members
Planning Commission Members
From: Jeanne A. Mabusth, Zoning Administrator
Date: June 5, 1986
Subject: #1027 Mrs. Phillip Pillsbury, 1200 Bracketts Point Road
Variance
Zoning District - LR-IA
Pertinent Ordinance:
Section 10.03, Subdivision 15 (C) (G)
Application:
a) height vsriance of 2 112' for section of wall that is
adjacent to Bracketts Point Road - approximately 100 feet
Allowed 3 112 feet
Proposed 6 feet
Variance = 2 112 feet or 41%
List of EzAibits
Exhibit
A -
Application
Exhibit
B -
Plat Map
Exhibit
C -
Property Owners List
Exhibit
D -
Picture of wall
Exhibit
E -
Landscape Plan
Exhibit
F -
Elevation - Southeast
Exhibit
G -
Staff Sketch (Based on existing survey)
Review of Application
The applicant proposes installation of 3 6 foot high "serpentine"
brick wall within the street yards adjacent to Bracketts Point Road
and County Road 15. The portions of the Nall located within the
P,'_ieet yard (within 50' of the street lot line) aa;icent to Bracketts
Point Road is in violation of the height allowance for walls. The
section of new stockade fence that wi 1 1 link the wa 1 1 with existing
stockade fence is located in the side yard (beginninq ;,t the 50 foot
setback line) and is permitted.
Zoning File 01027
June 5, 1986
Page 2 of 3
A solid, privacy fence has been located along the yard adjacent
to the intersection and County Road for many years. If you are
familiar with the subject intersection you will realize that there are
no visibility or safety concerns. A privacy fence has never existed
along the Bracketts Point yard or at least for no more than 40' from
the intersection.
The architect has advised that the "serpentine like" wall was
originally designed and built under the direction of Thomas Jefferson
for the University of Virginia campus. It is a unique structure; a
structure that any community would welcome because of its beauty and
grandeur.
Staff has advised the applicant's representative that the
location and height of fences and walls on Lakeshore properties have
become highly charged issues for our City.
The architects ask that you consider the uniqueness of the
structure and the need to maintain the integrity 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 location and height of the fence wi l 1 create no hazards
to safety or sighting problems for users of County Road 15 or
Bracketts Point Road.
2. The property is located on a busy curved section of a county
road requiring screening from noise and car lights along the
minor roadway.
3. A fence in excess of 3 112 feet has been located adjacent to
the county road and Bracketts Point Ro, for many years on this
property.
4. The structure is unique and to decrease the height or cut
back on length would destroy the integrity of the structure.
`,. The serpentine wall s unique and would be considered an
asset to the community.
If you deny this application consider the following findina —
1. To approve a 6 foot high fence along the street yard of a
minor roadway would establish a negative precedent with similar
reviews.
2. Applicant, has not demonstrated sufficient hardship.
3. Natural !screening can provide the sage effect.
Zoning File #1027
June 5, 1986
Page 3 of 3
Additional Co nts and Planning Comission Recos ndation
A motion to approve the Height variance failed by a vote of 4 to
2. Members failed to formally vote to deny the Pillsbury application
but the intent of the majority was clear.
The applicant's representatives were well warned that privacy
fences and walls are highly sensitive issues - especially for the past
year. The majority recommended natural plantings in place of 6 feet
high walls. The "bricking in" effect of lakeshore lots does not meet
the intent of the Code or Comprehensive Plan.
The minority confirmed the need to screen the property from noise
and lights in consideration of the curve on County Road 15 as it
approaches Bracketts Point Road going eastward. The Pillsbury lot has
been defined as a "tight lot" requiring special landscaping 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 hay indeed demonstratea physical hardships.
Council Action:
To give staff conceptual direction in order to prepare the
appropriate resolutioi, for Council action at your next meeting.
!MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986
#1022 SCHALL continued
Councilmember Frahm stated that he felt they should
table the matter in consideration of Attorney McKinnon's
request to avoid the potentiality of a legal case.
It was moved by Councilmember Frahm, seconded by
Councilmember Hammerel, to table this flatter until the
June 23rd Council meeting. Motion, Ayes 4, Nays 0.
Staff was instructed to inform the neighbors that action
will be taken on June 23rd with or without their
representation.
#1023 ROLI.A & NANCY MARTIN
2675 SRADYMOOD ROAD
VARIANCE
P.. WLUTION # 2006
Rolla & 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 75-
250' area by 0.3%. He noted the the existing decking,
which was included in the hardcover does not have
plastic under it.
It was moved by Councilmember Hammerel, seconded by
Councilmember Grabek, to adopt Resolution 02006
approvirg the hardcover variance. Motion, Ayes 4, Nays
0.
1102 NRS. PHILLIP PILLSBURY
RACRETTS POINT ROAD
VARIANCE
Present representing the applicant were Attorney Steve
Pflaum, Architect William Scott, and Landscape Designer
Damon Farber.
City Administrator Bernhardson explained the request for
a 2-1/2' height variance for a 6' high section of brick
wall that is adjacent to Bracketts Point Road and Cty.
Rd. 15.
Damon Farber st'ced that the reason for the 6' wall is
mainly for aestnetic purposes as well as health and
safety. tie stated that the corner is busy, dangerous,
and noisy. He noted that their preference is to be
consistant i.e. entire wall 3-1 /2' or entire . all 6' in
height.
Steve Pflaum pointed out the areas in which the
variance was needed noting that in some area they can
construct the 6' wall without a variance. He noted that
t raf f i c can be heard in the house with windows closed as
well to seen. In addition, vehicle headlights shine
directly in the house at night. tie stated that
10
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 9, 1986
11027 ILLSBURY continued
evergreen plantings would help but would create other
problems. It was 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 if
it were approved. He stated that he would like to find
a solution within the ordinance and that a wall is not
the only solution to the headlight problem.
Planning Comimission member Goetten stated that she voted
in favor of the wall because because 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 i(d. 15 to the driveway, and deny the height
variance along Bracketts Point Rd.
Proponent indiciated they would like to reconsider their
design in light of Counc.il's comments. No furth3r
action taken.
#1028 LEN BACHRES
2813 CASCO POINT ROAD
VARIANCE
RESOLUTION i2007
Leonard and Mary Ann B-chkes were present for this
matter.
City Administrator Bernhardson explained the minor
variance requests to construct an addition a) 18 , 1
s.f. ) hardcover increase in the 75-250' area b) 0.5
feet side setback variance on the west side of house.
It was noted that there was no hardcover available for
trade-off.
It was moved by Councilmember Hammerel, seconded by
Acting Mayor Adams, to adopt Resolution 02007 as drafted
approving the variances. Motion, Ayes 4, nays 0.
i1029 LEO CLIFFORD*
4760 NORTH SHORE DRIVE
VARIANCE (RENEWAL)
RESOLUTION 12008
It was moved by Councilmember Frahm, seconded by
Councilmember Hammerel, to adopt Resolution #2008
approving renewal of lot area/lot width variances.
Motion, Ayes 4, Nays 0.
11
ZONING FILE 80. 1027
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 6/16/86
-----------------------------------------------------------------
TO: Stephen R. Pflaum COPIES TO: Wm. F. Scott
Leonard Street & Dinard Setter, Leach & Lindstrom
Suite 1500 1011 Nicollet Mall
100 South Fifth Street Minneapolis, MN 55403-2491
Minneapolis, MN 55402
TYPE OF APPLICATION: XX Variance
----------------------------------------------------
DATE OF MEETING: 6/9/86 VOTE: 4 For Against
COUNCIL ACTION - NOTION:
To grant a 2 1/2 foot height variance for the position of
the wall adjacent to Bracketts Point Road up to the north side of
the access drive and to deny the height variance for the
remainder of the wa 1 1 that extends south a long Bracketts Point
Road. Please advise my office at your earliest convenience if
you wish to withdraw applic:e*ion #1027.
If u desire certified copies of • hp official Council
minutes, :hey are available from the City o. ty t-1 erk
after review a..d apprrval by the City Council.
612 338 8741
1011 Nicoliet Man
Wr neaPons fAwneso!a 16403 2491
American. Inshtutrr of Archrter t9
National SaJetV of
Prnfessional Engmeets
Setter. E.cach & Lindstrom Inc.
Architect~ E iigineer. Pl.moic"
June 24, 1986
Ms. Jeanne Mabusth
1335 Brown Road South
P.n. Box #66
Orono, MN 55323
2 6 jW
L
Re: ZONING FILE NO. 1027 - WALL HEIGHT VARIANCE FOR RESIDENCE
AT 1200 BRACKETT'S POINT ROAD, ORONO, MINNESOTA
Dear Ms. Mabusth:
This is to conform the message I left in a telephone conversation with
a member of your office staff today in which I reported Mrs. Philip
W. Pillsbury's decision to ,k the variance as described in the
Notice of Council Action date une 16, 1986.
,f I'll. .,
arvpurs,
William W. Scott, FAIA
Principal -in -Charge
jm 'p-6)
1857.001.01-2
enc: Copy of Notice of Council Action
xc: Stephen Pflaum
To: Mayor Butler
Mark E. Bernhardson, City Administrator
Orono Council Members
From: Jeanne A. Mabusth, Zoning Administrator
Date: July 24, 1986
Subject: 11027 Mrs. Phillip Pillsbury, 1200 Bracketts Point Road
Variance - Resolution
Mrs. Pillsbury has decided to continue to seek
height/setback variance conceptually approved by Council at their
June 9, 1986 meeting. The applicant had considered formally
withdrawing the application because it was not deemed feasible to
alter the height elevation of the serpentine wall, see attached
letter.
Staff has drafted the appropriate resolution as directed by
Council at their June 9, 1986 meeting.
'T
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2024
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C)
PILE #1027
WHEREAS, Corinne G. Pillsbury (hereinafter "the applicant")
is the owner of the property located at 1200 Bracketts Point Road
within the City of Orono (hereinafter "City") and legally described as
follows:
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
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 1;
thence Northwesterly along the extension of said westerly line of
Lot 3 to its intersection with the Southerly line of County Road
No. 7 as now laid out; thence Easterly and Northeasterly along
the Southerly line of said road to its intersection with the
extension of the North line of Lot 1; thence East to the
Northeast corner of Lot. 1; 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 reginning
a l 1 i n Rearrangement of Orono Poi nt , .-according to the plat
thereof on f i 1 e or of record i n the of f i ce, of the R?gistrar of
Deedr in and fcr said County; (hereinafter the "prope-ty"); and
WHEREAS, the applicant has appl ied to the City for a
variance to Municipal Zonir.q Code Section 10.03, Subdivision 15 (C) to
permit the construction of a 6 foot high wall within the street yard
of a lakeshire lot that is not adjacent to a majc._ thoroughfare for a
distance of 125 feet where only a 3 to 34 foot wall is allowed.
N.inr,4-sota :
NOW, THEREFORE, BE IT RESOLVED by the City Crunci 1 of Orono,
FINDINGS
1. This application was reviewed as 'Zoning File 01027.
2. The property is located in the I,P-lA Lakeshore Residential
Zoning District.
3. The proposed variance, as amended by the Council, will create
no hazards or sight inq prot)lerrs for users of County Road 15 or
Bracketts Point Road.
Page 1 of 4
4. The property
Road 15 requiring
major roadway.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
is located on a busy curved section of County
screening from noise and car lights along the
5. A privacy fence in excess of A feet has been located
adjacent to the County Road and bracketts Point Road for many
years on the property.
S. The structure is unique and tc decrease the height within a
single section of wall would dzstroy the integrity of the
structure.
7. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
community.
8. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance
would not adversely affect traffic conditions, light, air nor
lose a fire hazard or other danger to neighboring property; would
not merely serve as a convenience to the applicant, bu, 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 any, intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to the Municipal 'honing Code Section
10.03, Subdivision 15 (C) to amend applicant's original proposal and
to permit the construction of a 6 foot high wall within tl e street
yard of the property adjacent to Bracketts P1.)int Road for a distance
of approximately 55 feet or up to the north side of the entrance
drive, subject to the following conditions:
1. Authorities granted Ly this variance run with the property
riot 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 var 4 anc:e wi 1 l expire on
that date (July 28, 1987).
Page 2 of 4
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2024
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misaemeanor.
3. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of :he property.
Adopted by the Orono City Council on t..is 28th day of July,
1986.,
Property Owner(s)
i
Ma y C. Butler, Mayor
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2024
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
on this _ d a y of ��a4a
before me a Notary Public within. nd for county,
appeared ) v' 'At-1 I. end
.1 l,. rl--= known
the person(s) described in an who executed the
instrument, and acknowledged that he (they) executed
his (their) free act and deed.
r A 41vjc
NOTI7 W-P
MY COMMISSION F.XPIRFS
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
1986
personally
to me to be
foregoing
the same as
On this day of , 1986, before me
a Notary Public wl-t-ETn and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Paqu 4 , " 4
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. ,allin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of c resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on July 28 , 19 N6 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand
12th , day of August
(SEAL)
and seal this
t9 _,,
D rothy M. ftilin. City Clerk
MINUTRS OF THE REGULAR ORONO COUNCIL, MEETING HELD JULY 28, 1986
ATTENDANCE 7:03 P.M.
The Orono Council met on the above clate with the
following members present: Mayor Butler, Counci.lmembers
Grabek and Adams. Councilmembers Frahm and Hammerel
were absent. The following represented the City staff:
City Administrator Burnhardson, Public Works Coordinator
Gerhardson, Building r Zoning Administrator Mabusth,
Assistant Zoning Administrator Gaf f ron, and City
Recorder Peterson. City Attorney Blatz was also
present.
CONSENT AGENDA*
It was moved by Councilmember Adams, seconded by Mayor
Butler, to approve thi, Ccnsent A neda* as submitted.
Motion, Ayes 3, Nays G.
APPRCIVAL OF MIIBU2=*
it was moved by Councilmember Adams, seconded by Mayor
Butler, to approve the Minutes of the Regular July 14,
1986 Coun.;i 1 meeting as submitted. Vc;t i on, Ayes 3, Nays
0.
1A" MINN9T KKA C(r!SERVATION DISTT:ICT REPORT:
19117 BUDGXT AND
DOCK SI ZHH/SLIP SIZE RMGULJITION
LM: D Repi E sent at i ve JnFA 1 en Hurr — un.3ble to attend
the meeting, therefore, it was moveu (7ounei'member
Adams, sec )i,dP_i by Mayor Butler, to to. `his rr:-rter
until the August l?, 1986 Council meeting. on, Ayes
3, Nays 0.
PUBLIC COMI ZU"
Tl wf,r( i,. comments from the public at this tiwf-.
ZONING ADMINISTRATOR'S REPORT:
#1027 WWS. PHILIP PILLSBURY*
120C IIRAC'<ETTS POI HIT R')AD
VARIANCE
RASOLUTION i2024
It was moved by Councilmember Adams, seconded by Mayor
Butler, to adopt Resolution t2024 granting a variance to
permit the construction of a 6 foot high wal l within the
street yard of a lakeshore lot that is not adjacent to a
major thoroughfare for a di s*ance of 55 feet where only
a 3 to 3-1/2 foot wall is allowed. Motion, Ayes 3, Nays
0.
ZONING FILE NO. 1021
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 8/1/86
- ---------------------------------------------------------------
TO: Stephen H. Pflaum COPIES TO: Wm. F. Scott
Leonard Street i Dinard Setter, Leach & Lindstrom
Suite 1500 1011 Nicollet Mall
100 South Fifth Street Minneapolis, MN 55403-2491
Minneapolis. MN 55402
-----------..----------•-------------------------------------------
TYPE OF APP':.ICATION: XX Vari.ance
------------•-----------------------------------------------------
DATE OF MEETING: 7/28/86 VOTE: 3 For Against
COUNCIL ACTION - NOTION:
To approve the height and setback variance application for a
proposed wall on the property located Pt 1200 Bracketts Point
Road subject to the findings and conditior.3 set forth in the
attached resolution. I have enclosed the three original
resolutions for your client's signature, please see that all
three are returned to this office for final execution by the
Orono City Clerk. A copy of one of the origi:ia 1 s wi 1 1 be sent to
you for your client's records.
It has also come to our attention that you still have not
returned the original Resclutions 11835 for the variance approved
for 1200 Bracketts Point Road, taken from our office on August
26, 1985. Those must be signed and notorized and returned to our
office as soon as possinle. The Certificate cf Occupancy for the
new house on Bracketts Point Road wi l l n(t be issued and they
will not be able to move into the new huu:;e until these are
retL.-ned to our office and executed by the city Clerk.
If you desire (ertified copies of the official Council
minutes, they are available from the City Recorder or City Clerk
after review and approval by the City Council.
POPHAM. HAIK, SCHNOBRICH 6 KAUFMAN, LTC).
W^TNE O.POPHAM
RAYMOND A. --
ROGER W.SCHNosal
DENVER KAUFMAN
ROBE RT A. MIN,SH
ROLFE A WORDEN
G. MARC wMITEHcAO
RRuca D.w.LL.!
I Rt DCW,CK S. R.CHARDS
O. RORt WT JOHr.SOT,
OAR, W.MACOMSCR
most*, !. RUN.
HuOH v. ►LuNKt•T. III
FREDERICK C.RMOWN
THOMAS K. Ran*
J^MtS R.STc.LCN
JAMES R.LOCKNARt
ALLtN W. NINOCRAKER
CLIFFORD M.GRccNt
D. WILl1AM PAUFM^N
MICHAEL O.FRCEMAN
HOWAWO SAM MrEN3
LAN. • D. CSPEL
JANIE S.MATERO..
THOMAS J. RANWErr
JAMa! A. PATNE
D".D A. JONES
LEE C.SHCCHT
^LAIN FRCCON
PATRICIA A. JtNStN
LESLIE GILLCTTE
MICHAEL T. NILAN
RORERT N. LTNN
THOMA! LI. SIPKINS
MOSER, C. MO,LANCN
TNOMAS F...ELSON
THOMAS J. RADIO
DAVID L.HAS,'MALL
KATHLEEN M.M ART.N
JOHN C.CHILOS
DOUG,A! P.$EATON
THOM^i E.SANNCR
No. Jeanne Mabusth
City of Orono
P.O. Aox 66
Crystal Bay, MN 55323
3300 PIPER JAFFRAT TOWER
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE
e'i-333-4000
TELECOPIER
S A- 3 7. 3
SUITE 8400
•300 SEVENTEENTH STREET
DENVER.COLORADO 60209
TELEPHONE 303-8R3-400
TELE^_OPIER 303-093-1-04
SUITE 300 SOUTH
•ROO M STREET. N.
WASHINGTON, O. C. R0030
TELEPHONE !Oi-S3R-0300
TELECOP.911 tOi-0841-03.0
DIRECT DIAL. NUMBER
334-2549
August 14, 1987
Re: Resolutions
Our File No.: 3643-047
Dear Jeannet
RICHARD A. KAPLAN
RRUCE R.M.PHtt TER!
OAR♦ D. BLACKFORD
SCOTT t. WICHTCR
PAUL J. L100/TWO+.
SCOTT A. SM,TH
CL.tAOCTN A. THOMPOON
KEITH J. HALLCLAND
MARK 0.PC19RSON
O. RANDALL ROVER
•R,AH N. JOHNlOH
♦IuOTM♦ w. +UCK
CAROL R. *.ANION
RRUCt A. ►ETERSON
JUL,t A./wt.T2tW
THOMAS C. MIELENHAUSEN
KATHLEEN A.RLAT=
MICNAtt D.CH WIlTtNlON
1.04ICHAtL 6CHWAWT=
LARATc M.Ol RORNC
TODD M. OHNGoN
JEFFREY P. CAIRNS
LOUIS P. S..TH
FRANC,! J. CONNOLLY
RRUCE N. LITTLE
MARK F. PALMA
RUSSCLL S.PONCOSA
SRTAN L.CRAWFORO
D^V.O K. WTOCN
MATTHcw C.O^MON
JOHN W. ►ROVO
GREGORY O. SROO.tR
W,LL,AM M. OJILc. JO.
TERRANCE A. CONTC.LO
JOSE PN D. VACS
RR -AN W. OHM
STEVEN A. CHCLCSNIK
ORCOOWY*.SCOTT
SHARON N.FULLIAcR
OF GOJ„PE♦
•Rt0 L. MORw,lON
The resolutions
enclosed and listed below
have filed
in abstract properties
and returned.
Name
Resol. No.
Doc. No.
Date Filed
Browne
2027
5206735
1/2/87
Carson
2059
5301687
7/22/87
Clifford
1008
5206865
1/2/87
Edwar+is
1838
5206863
1/2/97
Fisher
2181
5303080
7/24/87
Fulmer
2097
5303079
7/24/87
Gehrman
2171
5303083
7/24/87
Gempler
2.187
5303082
7/24/87
Glesne
2032
5206864
1/2/87
uregory
1677
5206868
1/2/87
Gregory
1844
5206867
1/2/87
Hedlund
1874
5145581
8/18/036
Kilbane
2002
5145576
8/18/86
Koehnen
1745
5301686
7/22/87
McAuliffe
2146
5261526
S/1/87
McAuliffe
2147
5261K27
S/l/87
Miller
1733
5206734
1/2/f1
N.E.n., inc.
1433
5301683
7/22/d7
Nelson
2021
5206961
1/2/87
Jeanne Mabusth
August 14, 1987
Page Two
Name
Resol. No.
Doc. No.
Date Filed
O'Gara
2000
5145573
8/18/86
Palo
1936
5145582
8/18/86
Pemberton
1903
5310684
7/22/87
Plank
2122
5303081
7/24/87
Pratt
2001
5145577
8/18/86
Pula
1875
5145580
8/18/86
Scriver
1999
5145575
8/18/86
Spence
2033
5206866
1/2/8-F
Ulrich
2022
5206726
1/2/87
Ulrich
2004
5145572
8/19/86
Vanderhoof
1998
5145574
8/18/86
Veterans' Camp
1988
5145578
8/18/86
Zimmerman
1932
5301685
7/22/87
Also, enclosed and listed below are variances which cannot
filed in the chain of title because they are registered as
torrens properties.
Name
A. Bloemendaal
Johnstone/Barth
R. i N. Martin
M. McEnany
C. G. Pillsbury
S. Schnebly
Resolution No.
2026
1718-A
2006
1879
2024
2028
If you have any questions, please call either me or my
secretary, Joyce Pedersen at 334-2736
Very truly yours,
Nancy E. Nusnik
Legal Assistant
NEN/jlp!3426j
Enclosures
0