HomeMy WebLinkAboutProject PacketCITY OF ORONO - VARIANCE. APPLICATION
Initial Application Fee $150.00 ($50.00 per each additional project)
After -the -Fact Fees (ppp�p�q(�fgXpg(xixEbk��'dii4)
PROPERTY LOCATION
Site Address 1200 Bracketts Point Road 5 6
Property Identification Number (P.I.D.) _1_L_1_'1—� C r._
Please check one -- Is the property abstract or X torrens?
Please attach legal description to application if not included on required
survey.
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APPLICANT
Name Mrs. Philip W. Pillsbury Phone 473-8682
Mailing Address 300 West Ferndale Road, Wayzata, Minnesota 55391
Name Mrs. Philip W. Pillsbury Phone 473-8682
Mailing Address _ 300 West Ferndale Road, Wayzata, Minnesota_55391
Date Property Acquired May 1, 1985 (month/year) Purchase Aqreement siqned
September 26, 1984.
I (do) do not) also own the adjacent parcels of land.
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PRESENT USE OF PROPERTY
Present Zoning District LR-lA
Present Use of Property Residential Residential
Other (specify)
--- - -------------------------------------------------------------------
DESCRIPTION OF REQUEST Estimated Construction Cost $ 700:000
Describe request in detail: Lot area and lot width variance to construct
new house.
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VARIIW U REQUIRED
X Lot Area X Lot Width Hardcover
Setback Variances ( Front side Rear)
Other
(OVER)
BARDSLIP
Describe undue hardship or practical difficulty resulting from strict
enforcement of zoning regulations: Only available use of property
existing house removed from the s tei .
--------------------------------------------------------------- ------------
DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning Code
Requirements: Lot area is less than two acres. Lot width is 170' instead of
200'. Unab a to obtain property on either side o en arle site.
REQUIRED SUBMITTALS
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-603Government 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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APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by
the Zoning Administrator, agrees topayall fees and/or unusual expenses incurred
in review of this application, and certifies that the information supplied is true
and correct to the best of his/her knowledge.
Applicant's signatur CI1«.��� �„n,. ' Date August 5, 1985
Mrs.- 4lip+FFsbury
OWNERS SIGNATURE
The owner hereby acknowledges and agrees to this application and further
authoriz - reasonable entry onto the property by City staff, consultants,
agents, c,ormission members, and Council membeib for purposes of investigation
and verification ofthisrequest.
Owner's signature�_/w Date Auqust`5,-1985
sbuq
Applicant must have all submittals into the City offices 25 days before the
Planning Commission Meet ing. Planning Commission Meet ings are hold on the third
Monday of each month.
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PUN DATE OAS/06/a5
PATCH 003
M 11-117-23 23 0006
PIPOe ADOR 01491 SHORELINE 00
M WP NA;YE R H EVANS
TA-FA(fR R H EVANS
N--ifi`009 14'+1 SHCPEL104E DRIVE
WATZATA `as 55311
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
FPOPEPTY 044IEPS LIST
303 11-117-23 23 0016
01480 GREEN TREES RD
C i S PLATOU
CAPL { SUSIN PLAT"')
14E0 GREEN TREES PO
WAYZATA MN 55391
S 11-117-23 32 0010
PROP ADCR 01265 SPACKETTS POINT RD
Ci.^�Ea K%nf hICHAEL E LYNN III A WIFE
TAXPAYER MICHAEL t -CRJA LY►P4
III
NAME/At'DR 1ZE5 ERACKETTS POINT
WAYZATA ►!N 55391
38 11-117-23 32
0018
Thomas & Ella
Crosby
Thomas 6 Ella
Crosby
1220 Bracketts
Point Rd
Wayzata, MN
55391
38 11-1a7-23 32 0013
CCPI►i►1E GPIFFITH PILLSBURY
COPI►7NE G PILLSBURY
1310 TCF TMER
MFLS M4 554^r
REPORT N0. PI435401
PAGE 5
39 11-117-23 32 OOCI
01200 BPACVET,S POINT RD
CCPI►itE GPIFFITH PILLSSUPY
' JAIN;:E G PILLSE JPY
1300 TCF TCUEP
r,LS ra 55402
TOTAL EATCH 003 00005
I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCUPATE AND TRUE
PEPPESF?1TATIO`1 Of INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HE►01[P!N COtAITY DEPARTMENT CF PFDP�Y TAXATIEN. TO THE SE3T
OF MY kNCt1LECGE AND BELIEF.
DATE'.�BY l
CITY OF OROIIO
NOTICE
The City
Council will
hold a Public Hearing in
the Council
Chambers
at 1275 South
Brown Road on Monday, August
26, 1985 at
7:15 p.m.
on the matter
of Mrs. Philip W. Pillsbury's
application
for a lot
area and lot
width variance to permit the
construction
of a new
residence on property located at 1200 Brackett's Point
Road.
All persons wishing to be heard will appear at this time. Writ -
ton comments are solicited. Plans are available for review in
the City offices.
City of Orono
By: City Council
. Mabusth, Zoning Administrator
To be published the week of August 12, 1985
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
COUNTY OF HENNEPIN
)
CITY OF ORONO )
I, Barb Provo , of the City of (Orono,
Hennepin County, Minnesota, do hereby certifiy that a Notice of
Public Hearing concerning Mrs. Philip W. Pillsbury's
application fora lot area and lot width variance
was mailed to the attached list of property of owners on
August 7, 1985
In Witness Whereof, I have hereunto set my hand and seal
this Seventh day of August, 1985 x7
Barb Provo, Secretary
r or: oncAK I
'W„
The Opy Cormar we hord a Pubw Meowig
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Affidavit of Publication
State of Minnesota. County of Hennepin
Bill Holm, being duly sworn. on oath says that he is
an authorized agent and ernployee of the publisher
of the newspaper known as THE TAKER. Mound, Min-
nesota, and has full knowledge of the facts which are
stated below
A ► The newspaper has complied with all the re-
quirements constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A 02, 331 A 07. and other applicable laws. as
amended / A
B I The printed y &0r7 /
which is attached was cut from the columns of said
newspaper. and as printed and published once each
week for 7 successive weeks
It was first published Tuesday.
the / ? day of AV - .1 s 'PI
and was thereafter printed and published ev ry
Tuesday to and including Tuesday
the day of 19
Authorized Agent
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SETBACK
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75-250'
250
500-:10(l,
Direct :ons :
ORONO
HARDCOVER CALCULATION WORKSHEET
A. Existinq
B. Existinq
C. Existing
D. Proposed E.
Proposed
F. Allowed
lot area
hardcover
hardcover
hardcover
hardcover
hardcover
in zone
in zone
percentage
( (B:A) x 1001
in zone
percentage
1 ID- A) x 1001
percentage
1�
sf
��
sf
%
0 %b
^__.•a^�- sf
sf
�c,
�, J 31 sf
�L� %
25
_
sf
s f
(/
0i'4Q sf L+_ _91/0 30 �o
sf
3 5 `/,
1�. Existinq Lot Area in Zone - includes the total square footage of dry buildable Idnd
within the st,c:- if ied zone.
B. Existing Hardcover in Zone - includes the square footage of existing roofs, decks, sidewalks,
:9riveways loravel or paved) and other rain -impervious surfaces within the specified zone.
C. Existing Hardcover Percentage - divide the number in B by the number in A and multiply by :00.
D. Proposed Hardcover in Zone - includes the existing hardcover plus all proposed additional
hardcover.
E. Proposed Hardcover Percentages - divide the number in D by the number in A_ and multiply by 100.
F. Allowed Hardcover Percentages - if the percentages in column E for any setback zone exceed
the allowed perc.entarles in column F, you should contact the Zoning Department at 473-7357
to disc•�iss the possibilities of obtaining a variance. Generally, if a concurrent removal
of existing hardcover matches the additional hardcover proposed, resulting in no net increase
of hardcover in a specified zone, a variance may not be necessary.
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT:
I, the undersigned, CorinrP G. Pillsbury, also known as Mrs.
Philip W. Pillsbury, do hereby make, constitute and appoint my
attorney, Stephen R. Pflaum, of 2725 Deerhill Road, Long Lake,
Minnesota, my true and lawful Attorney -in -Fact, for me and in my
name, place and stead, and on my behalf:
To do any act, including without limitation thereto to
execute and deliver any document, and to attend any meeting
and/or hearing before any municipal and/or pjblic body, as may be
required in connection with that certain variance application
filed or to be filed with the City of Orono covering property
owned by myself at 1200 Brackett's Point Road, Orono, Minnesota.
Said Stephen R. Pflaum as my Attorney -in -Fact is hereby
authorized and empowered to do any and all acts or things in
connection with said variance application which I might myself do
if I were present. The rights and powers hereby granted shall be
in full force and effect until I execute and deliver to the City
of Orono a written notice of revocation of such authority, or
until t•acember 31, 1985, whichever is the sooner date.
Corinne G. Pillsbury, also now
as Mrs. Phi l i p 1si . P i l lair
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this day of August, 1^:, before me, a Notary
Public within andfor said County, pers.,oaily appeared CORINNE G.
PILLSBURY, also known as MRS. PHILIP W. PILLSBURY, to me known to
be the person described in and who executed the foregoing
instrument, and acknowledged that she executed the same as her
own free act and deed.
Notary Pu is
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Letter of Transmittal 6121338-8741
1011 Nicollet Mall
Minneapolis, Minnesota 55403
American Institute of Architects
National Society of
Professional Engineers
Setter, Leach & Lindstrom Inc.
Architects and Engineers
DATE: A'IGUST 5, 1985
TO: CITY OF URONO
BOX 66
CRYSTAL BAY, MN 55323
ATTN:JEAN MABUSTH
RE: PROJECT. MRS. PHILIP W. PILLSBURY RESIDENCE
COM NO.: 1857.001
GENTLEMEN:
WE ARE SENDING YOU
❑ SHOP DRAWINGS
❑ COPY OF LETTER
COPIES �— NO__
_ 1-6 -
THESE ARr TRANSMITTED
XtOR APPROVAL
L ' OR YOUR USE
CJ AS REQUESTED
REMARKS.
15ATTA.HED iJ UNDER SEPARATE COVER VIA _ _ULIVERY _._._THE FOLLOWING
I---,
❑PRINTS _) PLANS f�':SAMPLES;SPECIFICATIONS
❑CHANGE ORDER M CITY REQUIRFS1 IJS
DATE DESCRIPTION
CC1I77YNIlppHARDCCpOVERSSEECAiLCULSSyASTI.OQI WORKSHELT
PROPOSALOS7ANUARDTRPORTTFORMESIGN,
NVELUP -AVERAGE _1I"._1OMPUTATIOh
1L15J85_COOLING-1 HEAT IN.G__CALCULAIIONS (SL & L FORM)
L
L7 FOR REVIEW AND COMMENT Cr1� REVISE & RESUBMIT COPIES FOR A/rROVAE
❑ APPROVED l f RE 10FINEI FOR CORRECTIONS
APPROVED AS NOTED ❑ NUT APPROVED
COPY TO: STEVE PFLAUM SIGNED _- RIISSELL A &[DfUdi
SID RESERS
RR
file
IF ENCLOSURESAHE NOT ASNOTt.l) KINDLY NUTIi v USAYCWWA
LAW OFFICES
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Ms. Jeanne Mabusth
1335 Brown Road South
P. O. Box 66
Orono, MN 55323
Re: Corinne G. Pillsbury
1200 Brackett's Point Road, Orono
Dear Jeanne:
WRITER S DIRECT DIAL NUK4690
337-1546
#956
In accordance with our discussion today, I am enclosing
herewith one executed and one xerox zopy of the renuest for
variance for Mrs. Pillsbury's lot, together with our check for
$200 covering the various city fees in connection therewith.
Per our discussion, I have executed the variance application
as Mrs. Pillsbury's Attorney in Fact. I will be filing a copy of
the Power of Attorney with your office in the next day or so. We
will deliver to you tomorrow the certification of homeowners
within 150 feet of the property lines.
Regards,
LEQNARD, STREET AND DEINARD
Ste 4
en R. Pflaurn
SRP:sa
Enclosure
BY MESSENGER
LAW Ofr�CES
LEONARD. STREET AND DEIN
A ""It wS.. w Nrw0-11 —III 0—A rVwnpwA•.o
SUITE '50U #956
100 SOUTH FIFTH STREET
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Ms. Jeanne Mabusth
1335 Brown Road South
P. O. Box 66
Orono, MN 55323
Re:
WRITER S DIRECT DIAL NIIA•eER
337-1546
Corinne �. Pillsbury
1200 Brackett's Point Road Property, Or
Lm(
Dear Jeanne:
I am enclosing the Hennepin County certification of property
owners within a 150-foot radius of Corinne Pillsbury's property,
as requested, together with address labels and blank envelopes.
I trust that you have everything now that you require from us for
the hearing on the 26th, with the exception of a power of
attorney from Corinne Pillsbury, which I will drop off within the
next couple of days.
If there is anything else that you need, please let me know
at once.
Regards,
LEONARD, STREET AND DEINARD
1�
Step a R. Pflaum
SRP:sa
Enclosures
BY MESSENGER
LAW OF'CICFS
LEONARD,
STREET AND DEINARD
A PAwTNF. NS••'P ANC, UO NG P00F9SS.0.4A, CONAORA•IONb
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WRITER ; DIRECT DIAL NUMSER
337-1546
Ms. Jeanne Mabusth
1335 Brown Road South
r. O. Box 66
Orono, MN 55323
Re: Corinne G. Pillsbury
1200 Brackett's Point Road
Dear Jeanne:
I am enclosing herewith a power of attorney from Corinne
Pillsbury running in favor of myself for purposes of the variance
application.
Very truly yours,
LEO�IARD STREET AND DEINARD
''�\\k �.
Stephe4 R. Pflaum
SRP:sa
Enclosure
To: Planning Commission Members
Fro■i: Jeanne A. Mabusth, `honing Administrator
Date: August 15, 1985
Subject: #956 Mrs. Philip W. Pillsbury, 1200 Bracketts Point Road -
Procedural Variance - Lot Area & I.ot Width
Zoning District - LR-lA
Application - Lot area and lot width variance required because the former
residence structure/foundation was removed - new structure
to be located out of the 75 foot setback area.
List of Exhibits
Exhibit A - Application
Lxhibit B - Plat Map
Exhibit C - Property Owners List
Exhibit D - Survey/Site Plan
Exhibit E - Elevation
Lot. Area
Required = 87,120 s.f. or 2 acres
Existing = 51,154 s.f. or 1.17 acres
Variance = 35,966 s.f. or 41*.
Lot Width
Required = 200'
Existing = 173' at 75' lakeshore setback line
Variance = 27' or 13.5%
Hardcover Review
0-75' 12,750 s.f. = 0
allowed 25% 75-250' 31,674 s.f. = 8,031 s.f. or 25%
allowed 30% 250-500' 6,730 s.f. = 960 s.f. or 14%
Staff has worked for over 3 months with the applicant's attorney and
architect but never realized until the building permit application was
filed that the old foundation was net to be used with the new construction.
We were unable to meet the deadline for scheduling i public hearing at your
August 19th meeting. The public hearing is scheduled before the Council at
their August 26th meeting. Planning Commissior. is asked to make a
recommendation for Council's consideration.
REVIEW OF APPLICATION
Staff can confirm a] 1 new construction <,,eets required setbacks for
both principal and accessory structures. The new residence has been pulled
out of the 75 foot setback area where the previous residence was located
approximately 60 feet from the lakeshore. Hardcover within the 75-250'
setback area has been maintained at 25% coverage. Septic tests confirm
adequate area for on -site septic system both pi-incipa1 and alternate.
Zoning File #1956
August 15, 1985
Page 2
STAFF RgCOMMBNDATION
To approve the procedural variance application of Mrs. Philip
Pillsbury to permit construction of a new residence on a property located
at 1200 Bracketts Point Road that lacks the required lot area and lot width
within the LR-lA zor,ing district. Approval is based on the following
findings:
1. A house had existed on the )roDerty for over 40 years.
2. Septic tests confirm the property can sustain a principal and
alternate on -site septic system.
3. Only reasonable use of the property.
4. Adjacent lots are developed.
TO:
Jeanne
A.
Mabusth, Zoning Administrator
FROM:
Michael
P.
Gaffron, Assistant Zonin3 Administrator
DATE:
August
19,
1985
SUBJECT: 1956 Mrs. Philip W. Pillsbury - Approval of Septic_
System Plans
I have reviewed the soil testing information and design submitted
fr.r the proposed septic system to serve the new house on this pro-
perty. With slight modifications, this proposed system will be ac-
ceptable and will meet minimum code standards.
I would 1 ike to brief ly address the proposed system design and
the proximity to water table. The soi 1 borings indicated a surface
layer of 2' of dark loamy sand with a perc rate averaging 3.5 minutes
per inch. The water table at this site appears to be concurrent with
the lake le•✓el, and soil boring logs and my own soil boring indicate
the highest visible sign of past water tables is at about 3'6" below
the surface. It the lake level rises to it's highest recorded 'Level
(930.5' in the 1930's) the bottom of trenches should be aL least
933.5' or higher, which coincides cl)srrly with the existing ground
surface. Jim Mahady of the MCWD informs me that the 10-year flood
elevation for Lake Minnetonka has been estimated at 930.0 and the 50-
year flood at 930.6; but he tells me also that these numbers are
speculative aid may over -estimate the flood levels. Also, there is no
estimate as co how long the lake level would be this high if such
flooding was to occur.
The proposed system inc.' l udr,s a lift station in the heated garage
area, discharging to two septic tanks at a higher elevation. Because
the perc rate is just below 5 mpi, the 4 trench-�-s must be loaded
serially (with drop boxes) rather than with a single distribution
box. This modification is required by WPC - 40 and will allow the
build up of biomat to occur sooner, the biomat acting to slow the
effluent flow through the soil to an unsaturated flow so that treat-
ment can occur. The second modification is to increase the length of
the trenches from 42' to 50' so that the drainfield meets the 600 s.f.
minimum required by Orono code for any house. This may require
slightly relocating the second tank which should not be a problem.
Note that the existing driveway is paved and is likely underlain
by gravel to some depth. A portion of the drainfield is proposed for
this area. The gravel and pavement must be removed end replaced with
a loamy sand material simi lar to the surroundin i top soil prior to
placement of the s&ndy loamy t 1 1.
A secondary drainfield site F-•xists directly nor'h of the proposed
driveway, where similar soil and water conditions exist.
1 would r-commend approval nf the lot arf.�,i ,ini ViAtr, v,,rian.es
r equer ted .
ZONING FILE NOC9b6
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice 8/20/85
-----------------------------------------------------------------
TO: Stephen R. Pflaum COPIES TO: Russell Redman
2725 Deerhill Road Setter, Leach & Lindstrom Inc.
Long Lake, MN 55356 1011 Nicollet Mall
Minneapolis, MN 55403
-----------------------------------------------------------------
TYPE OF APPLICATION: XXX variance
------------------------------------------------------------------
Date of Meeting: 8/19/85 Vote: 6 For Against
COUNCIL ACTION - NOTION:
To approve the lot area and lot width variance application
of Mrs. Phi lip Pi 1 1sbury. Counci 1 wi 1 1 act on the variance
application at their August 26th meeting. A resolution cif
approval will be drafted by staff and sent to you prior to the
meeting for your review and comment.
If you desi re copies of the of f i cia ] Counci 1 minutes, they
are available from the City Recorder of City Clerk aft review
and approval by the City Council.
To: Mayor Butler,
Mark Bernhardson, City Administrator
Orono Council Members
Frost: Jeanne A. Mabusth, Zoning Administrator
Date: August 21, 1985
Subject: #956 Mrs. Philip W. Pillsbury, 1200 Bracketts Point Road -
Procedural Variance - Lot. Area & Lot Width
Zoning District - LR--1A
Application - Lot area and lot width variance required because the former
residence structure/foundation was removed - new structure
to be located out of the 75 foot setback area.
List of Exhibits
Exhibit
A -
Exhibit
B -
Exhibit
C -
Exhibit
D -
Exhibit
F. -
Exhibit
F -
Lot Area
Application
Plat. Map
Property Owners List
Survey/Site Plan
Elevation
Resolution
Required = 87,120 s.f. or 2 acres
Existing = 51,154 s.f. or 1.17 acres
Variance = 35,966 s.f. or 41%
Lot Width
Required = 200'
Existing = 173' at 75' lakeshore setback line
Variance = 27' or 13.5%
Hardcover Review
0-75' 12,750 s.f. = 0
allowed 25% 75-250' 31,674 s.f. - 8,031 s.f. or 25%
allowed 30% 250-500' 6,730 s.f. - 960 s.f. or 14%
Staff has worked for over 3 months with the applicant's attorney and
architect but never realized until the buildinq permit application was
filed that the old foundation was not to be used with the new construction.
We were unable to meet the deadline for scheduling a public hearing at the
August 19th meeting of the Planning Commission. The public hearing is
scheduled before the Council at your August 26th meeting. The Planning
Commission reviewed the application and voted unanimously to recommend
a Egypt ova) 1 .
REVIEW OF "'DLICATION
Staf f can conf i rm al l new construction meets required setbacks f or
both principal and accessory structures. The new residence has been pulled
out of the 75 foot setback area where the previous residence was located
approximately 60 feet from the iakeshore. Hardcover within the 75-250'
setback area has been maintained at 25% coverage. Septic tests confirm
adequate area for on -site septic systemSboth principal and alternate.
Zoning File #956
August 21, 1^85
Pa-, 2
i_ nING COMMISSION RECOMMENDATION
To approve the variance application of Mrs. Philip Pillsb4ry to permit
construction of a new residence on a property located at 1200 Bracketts
Point Road that lacks the required lot area and lot width within the T.H-lA
zoning district. Approval is based on the following findings:
1. A house had existed on the property for over DSO years.
2. Septic tests confirm the property can sustain a principal and
alternate on -site septic system.
3. Only reasonable use of the property.
4. Adjacent lots are developed.
Thr enclosed resolution has been drafted per the Planning Commission
recommendation.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 18 1 5
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6 (B)
PILE #956
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 fol: ^ws:
Those parts of Lots 1 an 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 decribed 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 Southly
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 cnrner of Lot 1; thence
Southerly along the F.aF-terly line if Lot 1 to its inter-
section with the North line of the South 100 feet of Lot 1;
thence West to the point of beginning all in Rearrangement
of Orono Point, according to the plat thereof on file or of
rec -d in the office of the Registrar of Deeds in and for
saia County; (hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.23, Subdivision 6
(B) to permit the construction of a new residence on a property
that contains 1.17 acres in area instead of the required 2 acres
and measures 173 feet at the 75 foot lakeshore setback line
instead of the required 200 feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as 7.oninq File 1956.
2. The property is located in the LR-lA Lakeshore
Resi6ent.ial Zoning District.
+. The Orono Planning Commission reviewed this application
on August 19, 1985, and recommended approval of the proposed
variances based upon the following findings:
Paa- 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1 8 3 5
A) a house had existed on the property for over 40
years.
B) Septic tests confirm the property can sustain a
principal and alternate on -site septic system.
C) The continued residential use of the property is
the only reasonable use.
D) The adjacent properties are developed.
4. 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.
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
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neigh-
boring 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 sub-
stantial 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 the above findings, the Orono City Council hereby
grants a variance to Municipal Zoninq Code :erection 10.23,
Subdivision 6 (B) to permit the construction of a new residence
on the property located at 1200 Aracketts Point Road subject to
the following conditions:
1. Authorities granted by this variance run with the
property not with the a-olicant, but are permissive only and
must be exercised by pplication for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (August 26, 1986).
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 autoroatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
1835
3. The undersigned applicant has read, understood and here-
by 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 the chain of title of
the property,
`Adep'ted.hy the Orono City Council on this 26th day of
August•85.
ATTEST: ► �C
/DbTothy W.n,City Clerk
i
1) Property Owner
Mary C. Butler, Mayor
T i r; hdains , Act i nci Mayor
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1 835
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of >> r , 1986
before me a Notary Public within and for #aid county, personally
appeared .')!,t�-' W, . FKL>I rz--4 known to me to be
the persons described in and w o executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
tiiEPHE', I? MAUM }
t�
NOT ARI PUBLIC MINNt.` AA {
HtNNfPIN '("INI
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, before me
A Notary Pub is w—ithin 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 FUDLIC
MY COMMISSION EXPIRES
Page 4 of 4
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County. Minnesota, do hereby certify that I have compared the
foregoing copy of a 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 August 26 0 19 85 , and that the sane 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 and seal this
27th , day of August 1 19 86
(SEAL)
/0)—f M. llin. City Clerk
N
-It 1.. cry 1 tKdo
u1,Y, U; 1 h`.i L'l.K 11 1 M a i'UbO� KOM
I
5308421
6AIJG87 9:5-174 C'5308421 1101-- V�
1987AUG-6 AN18:02
WATNC O.POPMAM
RAYMOND A. -A-K
RODtw W.SCHNOSR.Ce.
DCNVCR KAUFMAN
ROSCRT A. MINION
ROLFC A.WOROCN
O. MARC WMITCMCAD
9RUCE D.WILLIS
FRCOCRICK S. RICHARD$
O.ROSCRT JOMNOON
CAN, R. MACOMBER
R09CRT S.SURK
MUCH V. PLUNKCTT."
►RCOCRICM C. DROWN
TMOMAS K. 9t RO
JAMES R.STCILCN
JAMES 9.LOCKH•RT
ALLCH W. HINDERAKCR
CL1/rORO M.ORtCNC
O.WILLIAM KAUFMAN
MICMAt►O.FRCEMAN
POPHAM, HAIK.SCHNOBRICH 6 KAUFMAN, LTD.
3300 PIPER JAFFRAV TOWER
MINNEAPOLIS, MINNFSATA 55402
TELEPHONE
612 •333-4600
TELCCOPICR
HOW AAO SAM MT[RS.I,I RICMARL- A. KAPLAN
612-314-2713
LARK+ O.CSPCL
JANIC S.MATCRON
IMOMAS J.6ARRETT
JAMCS A.PAINC
DAVID A.JONCS
LCC[.SMCCM+
ALAIN FRtCON
PATRICIA A. jr NDEN
LE SLIE GILLETTE
MICMACL T. NILAN
R09t RT M. LTNN
THOMAS M. SIPKINs
ROSCRT C.MO�LAN[N
THOMAS r. NELSON
THOMAS J. RADIO
DAVID L.MASMMALL
KATMLCCN M.M ARTIN
JOMN C.CMILOs
DOUOLAS P. SEATON
THOMAS E.SANNER
Ms. Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Say, MN 55323
Dear Jeanne:
9RUCt 9. MCPHECTCRS
OARV D. BLACKFORD
SUITE 2400
SCOTT C. RICNTCR
1200 SEVENTEENTH STREET
PAUL J. LINSTROTM
O[NVCR. COLORADO 60202
SCOTT A. SMITH
TELEPHONE 303-803-1200
ELIBA09TH ♦.T•.OM►SON
TELECOPICR 303-093-RI94
K EITM -1. HALLCLAND
MAR. S.PCTCRSON
SUITE 300 SOUTH
D. RANOI.LL DOTER
I800 M STREET. N. W.
9RIAN N. JOHNSON
WASHINGTON. 0. C. 20036
T.MOTMT W. KUCK
TELEPHONE 202-929-9_ )O
CAROL S.SWANSO:T
TELECOPICR 202-929-6319
9RUCE A.PCTCRSON
DIRECT DIAL NUMBER
JULIC A'SWCITZCR
334-2549
September 2,
THOMAS C. MIELCNHAUSCN
KATHLEEN A. 9LATZ
MICHAEL O.CNRISTCNSON
J. MICHAEL SCHWA IT2
L ARATC M.OS 00RNC
1987 T000 M. JOMNSON
Jtr—JwoI
,E ♦FREV v, CA.RNS
LOUIS P. OMIT"
rRANCIS J. :.ONNOLLI
9RUCC M. LITTLE
MARK r. PALMA
RUSSC LL S.PONCSS•
9RTAN L.CRAW1OMD
DAVID K. RTOtN
MATTHEW C. DAMON
JOMN W.PROVO
00900IRY O. SROOACR
WILLIAM M. OJI LC. JR.
TCRRANC9 A. COSTELLO
JOSCPH D. VAOS
SR.AN W. OMM
STCVCN A. CMCLCSNIK
a-ICOOR, O. SCOT,
SMANON N.PULLMCR
O. COYK[[L
►-REO L.MORRISON
The enclosed
resolutions have
been filed in
abstract
property and have
been returned:
Name
Resol. No.
Doc. No.
Date Filed
Schaper/Nellist
1735
5308423
8/6/87
2umbusch
2036
5309215
8/7/87
Pillsbury
1835
5308421
8/6/87
Martineau
2058
5308425
8/6/87
Beito
2025
5308424
8/6/b7
Maxwell
2041
53OF426
8/6/87
Schall
2047
5301j214
8/7/87
Wash. Scientific,
Inc. 2042
5308422
8/6/87
Hassel
2230
531:498
8/13/87
Reid
2170
53--797
8/13/87
If you have any questions, please feel free to call either
me or my secretary, Joyce Pedersen at 334-2-36.
Ver truly yours,
Nar. , Nusnik
Lec 'ssistant
NEH/jlp/3228
Enclosures
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 1
ATTENDANCE 7:04 PM
CONSENT AGENDA*
The Orono Council met on the above date with the following
members pre:.ant : Mayor Butler, Councilmembers Adams and
Frahm. Absent: Councilmembers Grabek and Hammerel. The
following represented the City Staff: City Administrator
Bernhardson, Public Works Coordinator Gerhardson, Building
i Zoning Administrator Mabusth, and City Recorder Peterson.
City Attorney Blatz and City Engineer Cook were also present.
It was moved by Mayor Butler, seconded by Councilmember
Adams, to approve the Consent Agenda subject to removing
Items 02 Approval of Minutes, f6 Asplund/Monge Variance, and
#7 Shaver/Tearse Riparian Issue, per councilmember request.
Motion, Ayes (3), Nays (0).
Of956�41R8. PHILIP W. PILLSBURY
1306 BRACRETTS POINT ROAD
VARIANCE
RESOLUTION 11835
PUBLIC HEARING 7:15 -7:17
Representing Mrs.
present.
Pillsbury, her attorney Steve Pflaum was
Zoning Administrator Mabusth noted the certificate of
mailing and affidavit of publication.
City Administrator Bernhardson reviewed the application
stating that the old house has been torn down, the proposed
new house improves the setback, there is no excessive
hardcover, aad on -site septic system is adequate.
Bernhardson state 3 that lot area and lot width variances are
needed to conf orr, .
Zoning Administrator Mabusth stated that there are no
problems and it iF an improved condition on the property with
no lakeshore setb ick and hardcover problems. Mabusth stated
that the Planning Commission recommended unanimously to
approve the var:.ance application.
There were no comments from the public and the public hearing
was closed.
It was moved by Counrilmember Frahm, seconded by
Councilmember Adams, to adopt Resolution 01635 as drafted
approving the variance. Mction, Ayes (3), Nays (0).
0957 T.N. CURTIS
2130 PROSPECT AVENUE
CONDITIONAL USE PERMIT
RESOLUTION f1836
PUBLIC HEARING 7:30 - 7:34
Fred W. and Margaret Curtis wrre present for this matte*..
'boning Administrator Mabusth noted the certificate of
mailinq and affidavit of publication.
ZONING FILE NO.,5 6
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice 8/28/85
-----------------------------------------------------------------
TO: Mr. Stephen R. Pf laum COPIES TO:
100 South Fifth Street
Suite 15pr
Minneapr MN 55402
------------ ------------------------------------------------
TYPE OF APPLIk ....ION: XXX Variances
-----------------------------------------------------------------
Oete of Meeting: 8/26/85 Vote: 3 For Against
COUNCIL ACTION - MOTION:
To approve your client's application for lot area and lot
width variances subiect to the findings and conditions set forth
in the resolution f :nt to you prior to the meeting night. The
contractor may obtain a building permit for the new construction.
-----------------------------------------------------------------
XX VARIANCE APPROVAL is limited to the extent shown on approved
plans. Do not change plans. Variance authority expires one
year after approval.
If you desire copies of the official Council minutes, they
are available from the City Recorder or City Clerk after review
and approval by the City Council.
TO: Finance Department
FROM: Building and Zoning Department
DATE: 3
SUBJECT: Refund of %oning Sign Deposit, Applicatio
Please refuiid the $40 sign deposit for the above -referenced
application. The sign has been returned in good condition.
Original receipt no._1-7-7sq- Dated
on3�ruc� i Qn
Please mail check to: Name '��Cr'S � Co,/1
Address ,9 5 LL' _b of ez- t7V(?
/r1��5 M►t:
The sign was damaged when returned. Please refund only
the amount listed: $
Signature nate� 8�
Building and Zoning Department
Memorandum 61213,38-8711
1011 Nicoliet Mau •?i�i (O
MinneaDolis Minnesota 55403
American Institute of Architects
Natrona! Society of
Professional Engineers
Setter, Leach & Lindstrom
Architects, Engineers & Planners
COM. No.: 1857.001.01-1
CLIENT: Mrs. Philip W. Pillsbury
PROJEC"': New Residence, Orono, Minnesota
SUBJECT: Driveway Access Off Bracketts Point Road
MEMO BY: Russell A. Redman
DATE: September 4, 1985
CITY OF Ot�G
On August August 29, 1985, a telephone conversation was held with John Gerhardson,
Public Works Coordinator for the City of Orono, and Russell Redman of Setter,
Leach b Lindstrom.
Mr. Gerhardson has observed the staked location for the new entrance drive at
the Pillsbury residence site (1200 Bracketts Point Road). The drive as located
is acceptable to Mr. Gerhardson. Redman said the staked locations were set by
the contractor. The work of the foundation and new entrance drive is scheduled
to begin next week.
Redman confirmed the existing drive will be removed, and that this single
entrance drive is all that is planned to be built.
If, in your review of this ' Nmo, you find that your interpretation of any of
the subject matter varies, please advise us.
C , •
Russell A. Redman
Prbjec"rchi ct
� VcoWilliFAIA
Project Manager
im (p-5)
xr: John Gerhar-ason
Jean Mabusth
Steve Pflaum
Sid Rebcrs
Mrs. Pillsbury
r
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