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HomeMy WebLinkAboutProject PacketREQUEST :FOR COUNCIL ACTION DATE: October 5, 1995 ITEM NO.: //. Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Assistant Planning & Zoning Administrator Item Description: #2071 James and Joann Jundt, 1400 Bracketts Point Road -Variance - Resolution Zoning District: LR-IA, Single Family Lakeshore Residential, 2 Acres Application: Amend prior approval to allow excavation in 0-75' zone to repair tunnel access to greenhouse (no change in hardcover) and request approval for mitigation of after-the- fact tree removal in 0-75' zone Pertinent Code Sections 1. Sections 10.55, Subd. 8/10.56, Subd. 16 (J): No grading or filling allowed within 75' of lakeshore. 2. Section 10.03, SJ od. 19: Conditional use permit required for grading in 0-75' zone. 3. Section 10.22, Subd. 3/10 .56, Subd. 16 (I): Tree removal regulations -permit required. List of Exhibits A -Resolution B -Notice of Planning Commission Action 9/26/95 C -Memo and Exhibits of 9/11/95 Discussion Please review the memo and exhibits of September 11. Briefly, in March 1995 applicants received variance approval for rebuilding the brick and stone walls located at the entrance to the tunnel leading from near Bracketts Point Road to the basement of the greenhouse. Not shown on that plan nor discussed by applicants' contractor was the intent to waterproof the tunnel. This requires excavation of all soil material from above and adjacent to the tunnel, then applying waterproofing treatment and filling/regrading to pre-existing conditions. Applicants removed a 36" elm adjacent to the tunnel in the 0-75' zone in preparation for this work, at which point staff became aware of the intended waterproofing work. Request for Council Action continued page 2 of2 October 5, 1995 Zoning File #2071, James and Joann Jundt Planning Commission Recommendation Planning Commission reviewed this application at their September 18 meeting and voted 6-0 to recommend approval of the proposed excavation, waterproofing and re-establishment of existing grade, subject to a requirement that the disturbed areas be re-sodded as soon as practical after grade restoration. Planning Commission also reviewed the applicants' proposal to replace the 36" elm with two 4½" diameter maples, and recommended approval of that proposed mitigation. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. A resolution is attached for Council adoption. COUNCIL ACTION REQUESTED: PROPOSED MOTION: Moved by __ , seconded by_~ to adopt Resolution No. __ , to amend the approval granted in Resolution No. 3539 for James and Joann Jundt at 1400 Bracketts Point Road to allow excavation in the 0-75' zone to waterproof an existing tunnel. Vote: __ ayes, __ nays. lsv I CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. #2071 NOTICE OF COUNCIL ACTION Date of Notice: October 11, 1995 ---------------------·--------------------------------------------------------------------------- TO: James and Joann Jundt 1400 Bracketts Point Road Wayzata, MN 55391 COPIES: Kraus-Anderson Construction Co. Midwest Division 8625 Rendova Street Northeast Circle Pines, MN 55014 Attn: Scott Crawford Attn: Ramona -----------·---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Variance DATE OF MEETING: October 9, 1995 VOTE: 5 FOR 0 AGAINST COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you, with the following revised/additional conditions: Revised Condition #2: "2. Applicants shall mitigate the loss of a 36" elm tree in the 0-75' zone by replacing with three 4½" maples per the site plan attached to this resolution as Exhibit B, such replacement to occur as soon as practical after grade restoration." Additional Condition: "Prior to issuance of required land alteration permit for waterproofing project, applicants shall submit a comprehensive plan for the entire property indicating the status of all completed/underway/future projects, to be submitted by Friday, October 13th." Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a land alteration permit prior to commencement of construction. (The land alteration permit application is a separate application from the zoning variance or conditional use application.) Conditional use approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. lsv A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND AV ARIAN CE TO SECTIONS 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (J) FILE NO. 2071 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are owners of the property located at 1400 Bracketts Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for an amendment to variance/conditional use permit approval granted by the City in Resolution No. 3539 on March 13, 1995, requesting a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) to allow excavation and filling within 75' of the lakeshore where no such work is normally allowed, and a conditional use permit p~r Section 10.03, Subdivision 19 for said grading and filling. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2071. 2. The property is located in the LR-IA Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1995 and recommended approval of the proposed variance and conditional use permit, based upon the following findings: Page 1 of 7 a. The proposed excavation and filling is to allow for the waterproofing of an existing tunnel leading from near Bracketts Point Road to the basement of the greenhouse. A portion of that tunnel is in the 0-75' lakeshore setback zone where no excavation, grading or filling is normally allowed. b. Work on the retaining walls at the entrance to the tunnel was approved with Resolution No. 3539 on March 13, 1995, but the information with that variance/conditional use permit request did not indicate the proposed excavation/waterproofing/filling/regrading work was intended. c. Applicant's contractor removed a 36" elm tree in the 0-75' zone without obtaining a permit as required by Zoning Code Section 10.22, Subdivision 3 and Section 10.56, Subdivision 16 (I). Removal of this tree was necessary in order to allow proper completion of the proposed waterproofing work. d. The applicants propose to mitigate the loss of the 36" elm by planting two 4½" diameter maples in its place. e. Applicants propose to complete the excavation and waterproofing work and restore the site to existing grades in a timely manner. 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 and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the 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. Page 2 of 7 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) to permit the excavation, waterproofing, filling and restoration of pre-existing grades for the tunnel located in the 0-75' lakeshore setback zone where no grading or filling is normally allowed, and grants a conditional use permit per Section 10.03, Subdivision 19 for said work, subject to the following conditions: 1. Areas disturbed during waterproofing of the tunnel must be restored to pre-existing grades and sodded as soon as practical after grade restoration. 2. Applicants shall mitigate the loss of a 36" elm tree in the 0-75' zone by replacing with two 4½" maples per the site plan attached to this resolution as Exhibit B, such replacement to occur as soon as practical after grade restoration. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one week of the date of Council's approval, or the special conditions of this resolution will expire on that date (October 9, 1996). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 7 Adopted by the Orono City Council on this 9th day of October, 1995. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 7 Kraus-Anderson Construction Company Midwest Division LETTER OF TRANSMITTAL 8625 Rendova Street N.E., P.O. Box 158 Circle Pines, MN 55014 Phone (612) 786-7711 / Fax (612) 786-2650 To: Mike Gaffron City of Orono 2750 Kelly Parkway Orono, MN 55356 Gentlemen: Date: 9/25/95 Job No: 8189 ---- Re: Southways Cottage 1420 Bracketts Point Road Orono, MN 55391 We are sending you _x_ Attached _ Under separate cover via ____ the following items: Shop drawings Copy of Letter Copies Date 3 8/25/95 No. Prints Other: X Plans Description Samples Exhibit A -Amended Variance Application Specifications These are transmitted as checked below: For Approval X For your use As requested For review & comment FOR BIDS DUE: REMARKS: Approved as submitted Approved as noted Returned for corrections Returned as requested Resubmit _copies for approval Submit _copies for distribution Return _ corrected prints PRINTS RETURNED AFTER LOAN TO US Copy to: ___________ _ Signed: __ ~S~c=ott~A=. ~C~ra=w~f~o~rd=·~Pr~o"""ie~c=t~M=a=n=a..,g=er~_ If enclosures are not as noted, kindly notify us at once. CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2071 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 9/26/95 --------------------------------------------------------------------------------------- TO: James & Joann Jundt COPIES TO: 1400 Bracketts Point Rd. Wayzata, MN 55391 Kraus Anderson Const. Co. Midwest Division 8625 Rendova St. NE Circle Pines, MN 55014 ATTN: Scott Crawford ---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Variance ------------------------------------------------------------------------------------ DATE OF MEETING: 9/18/95 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: 1. Areas disturbed during waterproofing of tunnel must be sodded as soon as practical after grade restoration. 2. Tree replacement as proposed (2 maples). Applicant's next scheduled meeting is confirmed as: City Council Monday, October 9, 1995; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Note: Per request of Scott Crawford, City Council was asked at their September 25th meeting to allow this work to proceed prior to the October 9th meeting at which final approval is anticipated. Council denied this request. Do not commence this work until Council approval is granted. If you have any questions, contact City staff at 473-7357. ch TO: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: September 11, 1995 SUBJECT: #2071 James and Joann Jundt, 1400 Bracketts Point Road - Amended Variance -Public Hearing Zoning District: LR-lA, Single Family Lakeshore Residential, 2 acres Application: Request to amend prior approval for excavation in 0-75' zone to repair tunnel access to greenhouse. (No change in hardcover.) Pertinent Code Sections 1. Sections 10.55, Subd. 8/10.56, Subd. 16 (J): No grading or filling allowed within 75' of lakeshore. 2. Section 10.03, Subd. 19: Conditional use permit required for grading in 0-75' zone. 3. Section 10.22, Subd. 3/10.56, Subd. 16 (I): Tree removal regulations -permit required. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Site Plan E -Site Detail F -Letter Re: Elm Removal in Relation to Tunnel Work G -Resolution #3539 H -Shoreland Ordinance Tree Regulations I City Eagiaeer' s Co:rrunsaE&= J -Documentation from File #1992 Summary of Request In March 1995 applicants received variance approval for rebuilding the brick and stone walls located at the entrance to the tunnel leading from near Bracketts Point Road to the basement of the greenhouse. Not shown on that plan nor discussed by applicants' contractor was the intent to waterproof the tunnel. This requires excavation of all soil material from above and adjacent to the tunnel, then applying waterproofing treatment and filling/regrading to pre-existing conditions. Zoning File #2071 September 11, 1995 Page 2 In preparation for this activity applicants removed a 36" elm adjacent to the tunnel and in the 0-75' zone. Apparently it was at this point that staff became aware that the additional waterproofing work and grading in the 0-75' zone was intended. The current request is for approval to complete the excavation, waterproofing and re- establishment of existing grade. Further, this is an opportunity for the City to have the applicants mitigate the loss of a 36" elm by requiring replacement plantings, perhaps in more strategic locations where they will not have a future impact on existing structures. Issues for Consideration 1. Given applicants' comment that the removed elm was in poor condition, what degree of replanting does Planning Commission feel is appropriate? 2. Does Planning Commission have any other concerns regarding the proposed work? Staff Recommendation Any recommendation for approval should reference this as an amendment to the approval granted in Resolution #3539 on March 13, 1995, should require that the areas disturbed during waterproofing should be sodded as soon as practical after grades are restored, and should define the number and placement of trees to be replanted in mitigation for loss of the 36" elm. Options for Action 1. Approve variances and conditional use permit with conditions as noted above. 2. Table for further information (specify). 3. Deny ( state reasons). 4. Other. ch {]-Jo1/ CITY OF ORONO -VARIANCE APPLICATION -AMENDMENT Initial Application Fee $200 .00 ($50.00 per each additional variance) Renewal Variance Fee $100. 00 ~»· ~t· ,, -~ i' (no change from original application) ~ ..... ,,· .. r.• ': 0 .,_ ,;; .:-•~,•N•r.- Variance for non-conforming structures $200.00 1:::.:..0 ::· · · After"the-Fact Fees (Double application fee) PROPERTY INFORMATION ' Site Address 1420 Bracketts Point Road, Orono, MN 55391 Property Identification Number (P .I.D ,),........,1!...!l.=-d.ullJ..7i.:;.-:..2..t3-::;9z.:2;,.=-11.G1..L02"10L. -------~-- Attach legal description to application if nut included on required su rvey. Date Property Acquired-___:Mar=::..::c::.:h::... lz9:;.;9:;.=2=-------~-------(month/year). I (do) (do not) also own lht: adjacent parcels of land. Present use of property: _L residential __ other (specify)~------'---- Zoning Pistrict:~----------~--------~----- APPLICANT Kraus-Anderson Construction Phone O~ome) l/(J t.f-0 8 o1 Name Company, Midwest Division Phone(work) 612 ~ 786-7711 Address: 8625 Rendova Street NE City: Circle Pines. Zip: 55014 ----~-------- O"VNER (if different than applicant) Phone(home) 612-4 73-9524 Name James and .:foann Jundt Phone (work) __ ~~----- Address: 1400 Bracketts Point Road City : __ Or_o.c.c.n..;..;;o _____ Zip: 5539 J DESCRIPTION OF REQUEST Estimated Construction Cost.$ 150, 000 .. oo Describcrequcstin<letail: Exhibit "A"· and Exhibi:.t "B" (attach additional sheets if necessary) V AIUANCES REQUIRED ~tArea ~tWWlli Hardcover X Setback: Front Side Rear __ Other (~pecify) ___________ _ __ Lot Coverage A veragc Lakeshore HAIWSHIP/DESCRlPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual propeny conditions prevt:nling compliance with Zoniug Code requirements: The . ex;i:.s.t,tpg tree that W/3,$' placed along side the tunnel, caused and excelerated ;the deterioration of the tunnel wall and rubble wall. (attach additional sheets if necessary) 7 -t ,_ 1,.. .. ._, , . Ji·' ') J·:-:5·'.), l;_:,.,,."' .,. IP'~ '111:., REQUIRED SUDMITT ALS .•:,,---:.; ' 7 ~-7 ~ 1 :-~:jj '· ', _i.J . ,i I ~,:. ~~--_. ;· All of tile followine: information must be submitted In· the application <lea t1liue <lnte iu order for your agpllcqtion to IJc considered complete: 1. ~ Completed Application Fonn 2. ..:__ Cenified Property Owners LisL of owners within 150', labels am.1 plat map (you must obtain this list, labels and map from Hennepin County Deparunent of Finance , A-603, * Govt Center, 348-3271). 3. _ Certificate of Survey (signed by a licensed surveyor) auLI Inclmk: llardcuvcr calculations as required. In addition, provide one (1) copy 8 ½" x 11" for reproduction. 4. _*_ Topographic survey (existing and proposed elevations) if any changes in. existing grade are proposed. Iu addition, provide one (1) copy 8½ 11 x 11" for reproduction: 5. _:_ Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ''). 6. ~ List of the legal names (include marital status) of all persons with an i.nLerest in the propeny. This would include name(s) of appJicant(s) if not cuneut owncr(s). 7. _ As an addendum to this application, please attach a separate list of any oLher persons you wish notified of this application. 8. _ f,-dditional iteins as may be requested by City staff. THESE ITEMS HAVE BEEN l?R,E.VJOUSLY $UBMI'IT.ED .TO .THE· CITY' OF ORONO. The Applicant and · Property Owner must sign th.is applicatiuu. Please remember that XQ.YJ: x.ariance application is not complete if the above information has not IJeeu included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all inforrnation required or requested by the Zoning Administrator. agrees to pay additional fees (staff time not covered by original fee payment) ancl/or consultant expenses i urred i review of this application, and certifies that the information supplied is true I c o the best of his/her knowledge. Applicant's Signature ~------'=------___ Date //4/4-- OWNER'S SIGNATURE Tbe owner hereby acknowledges and agrees to this application and further authorizes reasvuable entry onto the property by City staff, consultants. agents, Commission members, and Cou11cil members for purposes of investigation and -verification of this request. Owner's Signature ________________ Date ______ _ Applicant must have all submittals into tbe City offices 25 llays before the Planning Commission Meeting. Planning Cow.mission Meetings are held on the third Monday of each month. Appllcants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to anend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of Ul.is change prior to the meeting. · ,', B: . 1'".' I C~fEid Y~EE S Old TAU.CE\1t LAICE I& I I I I I I I I_~ I ---- -- ,·; I·_. ' ':t,, 6 •·,.; (I)', ----·-- HVtl DATE 08/26/93 ./j_J DATCII 004 PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP ADDR Ol·lllER NAME · TAXPAYER NAIIE/AODR PROP ADDR Ol·ll~ER NAME TAXPAYER NAME/ADOR PROP ADDR Ol'INER NAIIE TAXPAYER NAME/ADDR 38 11-117-23 32 0009 01400 BRACKETTS POlNT RD JR JUNDT & MARY J JUNDT JAMES R JUNDT BOX 1 · CRYSTAL BAY MN 55323 38 11-117-23 32 0017 01300 BRACKETTS·POlNT RD GEORGES PILLSDURY ET AL GEORGES PILLSDURY 4800 FIRST BANK PLACE MPLS MN 55<102 38 11-117~23 33 0001 01420 BRACKETTS POINT RO JR JUNDT & M J JUNDT JAMES R JUNDT DOX 1 CRYSTAL BAY MN 55323 38 11-117-23 33 0006 01500 BRACKETTS POINT RD MARTHA S & A LACIILAN REED · MARTHA S & A LACIILAN REED 1500 BRACKETTS POINT RD HAYZATA MN 55391 IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS UST REPORT tlO. PFt35401 PAGE 12 38 ,11-117~23 32 0010 01265 ,BRACKETTS POINT RD MICHAEL E LYNN. III & IUFE MICHAEL & JORJA LYNN III 1265 BRACKETTS POINT NAYZATA MN 55391 38 11-117-23. 32 0018 01220 DRACKETTS POINT RO ELLA P CROSDY 38 11-117-23 32 0011 01420 BRACKETTS POINT RD JR JUNDT & 11 J JUNDT JAMES R JUNDT BOX 1 CRYSTAL BAY MN 55323 ELLA P CROSBY 1220 BRACKETTS POINT RD HAYZATA MN 55391 38 11-117-23 32 0019 01280 BRACKETTS POINT RD JOIIN S PILLSBURY JR ET AL JOIIN S PILLSBURY JR 4000 FIRST BAMK PLACE MPLS MN 55<102 ,L1 38 11-117-23 33 0004 01450 BRACKETTS POlNT RD MARTIIA S & A LACIILAN REED MARTIIA S & A LACIILAN REED 1500 BRACKETTS POINT RD NAYZATA MN 55391 TOTAL BATCH 004 00010 38. 11-117-23 33 0005 01480 BRACKETT$ POINT RD R & L IIEAORICK ROGER L & LYNN C IIEADRICK 1400 BRACKETTS.POINT RD l·IAYZATA MN 55391 I CERTIFY Tl1AT TIIE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS TIIIS DATE ON TIIE RECORDS OF TIIE IIENNEPIN COUNTY OEPARTIIENT OF PROPERTY TAXATION> TO TIIE DEST OF MY KNOWLEDGE AND BELIEF;J \ 1 I J •• n • DATE O\~ ~3BY ~ffi~~~---- ...... i ·~· Co· \ ------ ' ~ 4! ---- ~ i• I ..jl I I ' ~ I :::,- \ j_ iI ,'. •' '·O 1 ~ l :? ·' , ' ' ' i • \ I t , 1 I / f\ I I I I I 1 t~· I.(") a:> o- Q) .µ c.o u -·rl Q) >H~ H o Q) .µ U) Cl) Q) C 4-1 H o 0 ·rl u .µ C C ·rl O CO u ·rl C .µ u 0 H co u 0 0 a.. er: rl Q) Cl) ~ > Cl) ·rl 0 Q) DJ E U ·rl Q) u H er: c::( 0 Q) I -~ H ~ ~ 0 £ R Q) CJ) I = 0 I tl g ~ ~ H E-t H ~ m H ~ August 14, 1995 Kraus-Anderson Attn: Ramona 1400 Bracketts Point Road Orono, MN 55391 Dear Ramona: OSTVIG TREE, INC. SINCE 1933 A Tradition of Excellence EXHIBIT "B" This letter is to follow up on our telephone conversation of last week concerning the elm tree next to the greenhouse. That paiticular elm was in very poor health. We had removed a large portion of it last yeai· which had died back. The excavation of the soil around the tunnel, in my opinion, would have caused so much damage to the root system that a healthy tree would not have survived. A tree that was declining, as the one in question, definitely would not have been able to survive that kind of treatment. Also, v;ith all the supp01ting roots being removed the tree would have eventually become a safety concern. Any high wind would easily be able to cause it to fall onto the road so we felt it was best removed now. Please feel free to contact me with any questions or concerns you may still have about the above information . Thank ~ou, /7 r-1/J~ tfu D. Ostvig ·' JDO:kao Suite 200 • 1421 E. Wayzata-Blvd. • Wayzata, MN 55391 Business: 473-0534 Residence: 479-3711 Fax: 473-7863 A Family Owned Business For Three Generations • 1 f' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 3 9 A RESOLUTION GRANTING A CONDITIONAL USE PER1\1IT PER l\fUNICIP AL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND VARIANCES TO SECTION 10.22, SUBDIVISIONS l(A) AN"TI 2; SECTION 10.03, SUBDIVISION 9(C-2) Af.i1) SECTION 10.03, SUBDIVISION 9(E) FILE NO. 1992 'WHEREAS, fa.mes R. Jundt and M. Joann Jundt (hereinafter the "applicants") are owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit "A" attached hereto (hereinafter the "property"); and \VHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the reconstruction of a retaining wall and a variance to Section 10.22, Section l(A) as retaining walls are located within the 0-75' setback area at approximately 45' from the shoreline where no such structures are allowed; a variance to Section 10.03, Subdivision 9(C-2) as major structural repairs are proposed to a greenhouse addition of an oversized stn.,cture at 5,478 s.f. where only a 3,000 s.f. accessory structure is allowed; a va~iance to S;;;ction 10.03, Subdivision 9(E) as structural repairs are proposed to a three stall garage in excess of 750 ~.f. fo:~at is located O' from a side lot line where the code would require a 15' side yard setback and a variance to Section 10.22, Subdivision 2 for a hardcover varianct.! in the 0-75' setback area resulting in a 0.10% increase in hardcover where 0.80% exists and 0.90% is proposed and where none is allowed. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1992. 2. The' property is located in the LR-lA Lakeshore Residential Zoning District requirh,g two ·acres in area. 'The property consists of 13. 8 acres. Page 1 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3539 NO. ______ _ 3. The Orono Planning Commission reviewed this application on March 22, 1995 and recommended approval of the conditional use permit and variances as amended based on the following unique findings and hardships: a. The property consists of 13.8 acres. b. The structures on the property were constructed prior to development of standards for residential construction on lakeshore properties. c. On-site septic testing has been completed for the property and testing has confirmed there is adequate area and suitable soils for development of on- site septic systems to serve the principal structure and the caretaker residence within the oversized accessory structure. d. Structural repairs to the nonconforming accessory structures do not involve the complete restoration but merely partial structural or cosmetic repatr. e. f. g. The retaining walls at the underground entrance to the greenhouse provide the necessary support and stability to the only exterior entrance to the lower level of the greenl1ouse. The paved walk ... ·way located within the 0-75' setback at the east shoreline has been installed at 4' meeting the required width of accessory access stairs within the 0-75' setback area for lots with steep slope. The paved walkway will minimize erosion of grassed lawn resulting from the more intense use of the lake access stairs providing the only bathing and boating access to lake for this property. 4. The City Council finds that granting a conditional use permit to allow the restoration of the retaining wall within the lakeshore protected area will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 5 S9 --◄ 5. The City Council finds that the conditions exist)ng 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 neighboring properties; 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 applicants; 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 above findings, the Orono City Council hereby grants a conditional use permit and a variance to Section 10.22, Subdivision l(A) to permit the restoration of retaining walls located 45' from the shoreline of the property and grants variances to Section 10.03, Subdivision 9(C-2) and 10.03, Subdivision 9(E) to permit structural repairs to two nonconforming accessory strnctures and per Section 10.22, Subdivision 2 approves a 0.10 increase in hardcover within the 0-75' setback area where 0.80% exists and 0.90% is proposed, subject to the following conditions: 1. Applicants' tontractor to complete the removal of 250 s. f. of driveway pavement. located within the 0-75' lakcshore protected area prior to City's issuance of a building permit for restoration of structures. Applicants or applicants' agents shall be responsible for maintaining erosion control within disturbed area until grou ndcover is restored no later than June 1, 1995. 2. The City is in receipt of a letter (dated March 7, 1995) from Thomas Crosby, Jr., ~pplicants' attorney, confirming that applicants-will install a conforming on-site septic system during the 1995 construction period failing to obtain the necessary approvals from both the City of Orono and the Metropolitan Council to extend sewer to the property. 3. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this variance will expire on that date (March 13, 1996). Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 3 9 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the tem1s of thls resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of March, 1995. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE L BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 Page 4 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 3 9 On this df l-11 day of )ll-4-1-,J..__.. , 199 :> , before me a Notary Public within and for said County, personally appeared ~l tVi,, Lid known to me to be the person(s) described in and wh ,, x r going instrument, and acknowledged that he (they) executed the sam~ as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this d y-+h.. day of &fare J, , 199 ;J__, before me a Notary Public within and for said County, personally appeared -.k,Ybe» R'. J, mdf. Chart id, 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. 9 CMOl.EA. HASEMAN NOTMY~ HEHIEJIIHCOUNTY My Commission Expires Jan. 31. 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) C2r2v:&u C £~&! Notary Public ,. On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared ------------------known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 CITY of ORoNo RESOLUTION OF THE CITY COUNCIL NO. 3 5 8 9 EXHIBIT A Aleo: th~t ;.,.......r~ Qf Lot! 9 c.nd 10, ?.P.1:..!'rt.r...;~~~n7. of Orc~0 ?oir.t t.r.d. \..i.•c 0.~,:.z..·-:t.t'-',·~ tlP:L·~L,; lYiui Su·Lr:,l· .. b~··lJ' o..:r~tl :c..?.~~= ly ,:.'! ~:-.. ,~ ~:il .~•J i:--2 <lt!c:-:tc<l lir.f:: Q:=,:r.c:.r..g at a ~,:,:-.:. ·:.~ "--hF: cf.:r1tf.:rli:::1: r; v.:~t.1;:r A'l"::t.ut 588. 95 fte:. M'r't::er-lY fro~ t;:<;: Nr.JMh~c:~-:-.~-::-lY ccr.-.e'!" of Lr;~~. ~~~r~t..r..£t=~~i o! 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O:l ~t.id ',H:5't l i-r..<:: di::tU'.t 1e2. 29 f,;r::r. ;:o~h-':dY '!'r<J?!l t:::,._, eou-rJ---.-.. ~st r;r;-cn,.:r-r;f !f.:.i<l mt 4; r..leo 7.::.-:." ?-'it'~ r;f 1,hi<: ·~tettrly r-.1:.2.: o: vt.r.:~:ttd C,,;nt.-:r Avenuf:J l:;i'r..,;; er;ut::-::-:-ly o-f. e~!.rl r-'r.K.Jw: 1,h- ec'!"i'!:.,,,<;'1 'V!r-~nrlir;ul1.:.r liri€l; ar.<l <!!.leo th~t ~...rt-of tb~ -..F;:~l'tP-dY h:..!.: eir. v,s;,r;~ttd C:nt~r 1:v~nue lyin..; .. ~rt::.::rl.y c:t: t::t: \;f:£.tf.:rly t:r.- t.c:!!'""~icn f;f tt'"'~r; r.ot'~he::-ly lin.~ oi st:1.icl t/.r:, ·4 ~<l lyin.2 !!f)\.!th~r-ly ci ~ li~.r:: ri!°'.'!.im e~tt'!'lY b.t r-i~'r:.t .!:..."'l.2'.l~s 1-:.0 :·:-_-: >IF;!::tf:::-l.y ,li::~ o: B-!iid v~~te:d v.ntf;~ Aver.~~ ir--:-'!:l ~he -;,cint of :~te:'eer.tion o: b~ici WP.st- e::-l.y linf:l ;..ith &. li::e ci-t..m 10 fP-1:it ~~!lte:-:.:1 r;f the :ollowir-.g cl;;- ~c~~~tl line: ~5n~i~ ~t ~ p:,i~t in~~~ cen~t~lir.~ ci ~~id C6r.- ~~r Av~r.:.:.e die~~~t 558.$5 ie~t nortt~r-l.Y ::-<:~ t~e no~:~~t~terly ~~ ......... ~~ oI· -~id r--r. t~~-~ g u~~o-:y ~~~-~ ~Lirl ~~~~~~,~~o ~ .... ,. •• _. ...,,,. J..>.Jw ~. •--C-, .,Q '-•-• • .,._._._....,_ .,c;;,. ..,. •-•••-• •-•~ , <l '!.~ tJ::..nc~ of. 5 faet to tb..e poL-:i ot. b-<: gir.:::.:---.6 of t:--.;, l :n-:: °t';.':i:18 c.e- ~c~~be<l; thenc-e ~out~~~etcrly ~lor..g ~ tar-...g~~i~l c~r-v~ tot~~ t~z.~,;. i-<i ,:,h t1. re.di:.1-3 f;f 22l. 17 feet ~ r.i.i.st~.=e oi lSS. 28 f ~t, c...'1d. !t:.!.tl lir;~ 1.h~-r-f: tn<li:---2. ' ..... Page 6 of 7 Aleo CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 5 3 9 T::at t:.9.:-t o: ve.c~:.ed Sci:-:er Ave~ue ej la~d out u,<l ced~~~t.td ovec er.d a;r-ces ~t of IA: 9 in ~aid Ree..r-re.ng:~~nt of Orono Foint ~hich lie~ bet~~en the ~e!te:-ly line of :~id C~nter Av~nu~ t..~d ~ l~~e c.!..-~~-:1 c:~~-n ac~!: :aid 3order Avenue ~t ~is:;t ¢.r..gles to tht ~ice line~ of said 3cr-:::er AYen~e fro~ th~ ?<lint o: in~er~ec:ior. cf t:-..e cent.e::-l!.."'lB c:: :~ici 3c:-ci.er Avenue with e. line de::cr-ll:>ed. !.la !ol-[ 'lo-...5: E~i!.l"'-'"lin.g e.:. e. ;,o!.:;'t !.Ii tho ecn-;e:-l:.r:e o~ oa.id C<ln"t--er AY-I en~e die't4n't. 588.9~ !ect ~c~t~erlY of the ~o~ttweo~ co~r c: ~a~dl Loi:. 5; thence ~o'..!the:-ly alcrut the cent.::-ltr.e of ::¢..ic. u:n~er-hver.u~ j ~ dist.a.r.~e of 5 feet; t':enc~ eouth,:-ly end eouti":'\,;'e~te:-ly ~~cr.g a i ~.!...~ent.:..e.l c~;e to -:.::e :-i&h-:. with a re.ciit1s of 22: .17 :::eet a. die-! tance of 169 • .38 fee:: ttence ~outh~eeterly U:..~gei-: ~o l~~t !tid l ~~':"'Ve a ciete..nce of 5 ieet; the~ce ecu~~we~~erly along e ~.a.~e~- t:~l curve to the rii~~ 1Jith a radi~e of 44b.72 feet a distar:ce cf 119.2.5 feet; thence eou:'::we:,t¢dy t~ent .,o l~:,"t, ~e.id C'Jrve a d.btance cf 107 .SQ .:eet; ther.ce eouth;.ie:,terlY elo:-..s ~ t..!.r',.se:;ti!.l c:-..:._--ve to the left ~it~ a r~di~ of 56 f~t a dietu-.ce of 19.7 feet; thence scutherly t?U"..sent to la~t e~~d CU!"'Ve ~ diet~.ce of 6.8 :ee:: thence ecut~erly alo~ a t~enti~l c~---ve to the le!t 1,;it,~ a ndi~ of 169. 7 feet a di.stance of 53. 9 feet; ther.ce ~\\tt:- erlY tan,ent to laet deecribed cur-ve ~ di~tt.nce o: 20.5 fte~: t::ence t!Ctrthe!"ly en !. tM.ae::1tial curve to -:.he left •,.;i th a. re.diu.a o: 78. l f~et to iia ::itersection with the c~ni:.erline oi eaid Bor- e~:--Ave:'.1:,.e, t.nd e.!!id line-ther~ endili.i, Page 7 of 7 ,IW""' ~.:r~ O,~ o-~, r orm ~00$ Or~~ Ornno 6. Facilities necessary to provide shore area t~ac ~ to physically handicapped persons shall be allowed provided h dimei&· nal and performance standards of subitems 1 -5 A comp ted · ddition to the requirements of the Minnesota ~ula'o i r 1340. H IA 7. A building permit shall be obtained for construction of stairways, lifts and landings regardless of whether such improvements are constructed above, at or below grade. G. Steep Slopes. Any applicant requesting a permit for construction of sewage treatment sys terns, roads, driveways, structures, or other improvements on steep slopes, shall provide adequate information to allow the City to evaluate possible soil erosion impacts and development..J>f:' visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits to prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. H. Height of Structures. No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the standards for the underlying zoning district. --... •-----~-•-•A-•--• ... -----·--·-----.. I. Vegetation Alterations. n t"\ JM' \...--("d '2~ :,.Y t,J\!/-.:... ~ --::, ' ··"" 1. No 1 iv e tree within 7 5 feet of the shoreline~with a diameter of 6 inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may be removed without first obtaining a permit from the City staff provided that at least the equivalent number of replacement trees of a size and nature found acceptable to the staff are planted at the same setback from the shoreline as those removed. Appeals of staff determinations as to type, size and quality of the trees to be r~placed will be to the Council. Removal of trees that are dead shall not require a permit but such trees must be inspected by City staff prior to their removal. 2. Intensive vegetatiqn clearing within 75 feet of the shoreline and on steep slopes/within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting, pruriing and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling. 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, all grading and filling activity approved permits for construction of structures, sewage treatment systems, and driveways shall adhere to the grading and filling standards of this section. 2. Grading, filling and excavating is prohibited within 75' of the Ordinary High Water Level of the n11h·1;~ w~+or~ or.,,mo,...~+-or1 .;,., C,,hrl-i"r..;,.....;,.....ri i ,-..-4= .f-h.;r--e ,...,......,....+-..:-,..... l \ I ·., CITY OF ORONO VARIANCE APPLICATION EXHIBIT A 1420 Bracketts Point Road Orono, MN DESCRIPTION OF REQUEST .--,,.r .... ,, .. ( '· ,,:;: 1) Repair and rebuild existing stone wall at tunnel that connects to existing Greenhouse. 2) Construct a new Greenhouse structure on existing foundation and rebuild existing brick wall at Garage Service Court Area. 3) Repair and rebuild existing garage on existing foundation and repair existing brick retaining wall that runs east and west on property. 1 ! \ ~ ~ 1t , ~ii-r~ ti ~ i I + i{, ~f '-j ➔· ~; i \_. -· ~ l .. . . -· . ii ./ • ... 1 ~ ---1 ~ _ _,,,,.../., / / I •#1?< 11-----_____ --_-_t ___ --~-----u { ____________________ _J___. j __ _ ,.. __ ll-··~-O---o-~ll-~R--::!--------··:::t,._____;,a \ l I /--7 I ~ I I ~ I k-J I f ~ _ _.;.,......._ __ _ -1---r--------- 1',,llNUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 13, 1995 (*#7) #1990 ROBERT \V. CARLSON, 710 GANDER ROAD -VACATION OF E.ASE1\tfENT -RESOLUTION #3538 Goetten moved, Kelley seconded, to adopt Resolution #3538 for Robert W. Carlson of 710 Gander Road for a vacation of easement. Ayes 4, Nays 0. (#8) #1992 JAt'-'lES . .\J.'tD JOA.1'fN JUNDT, 1420 BR.\CKETTS POINT ROAD - CONDITIONAL USE PER.tvIITN A.RIANCES -RESOLUTION #3539 Gary Benson of Kraus Anderson Construction represented the applicants. Mabusth reponed that this application is for hardcover variances in the 0-75', a variance to aUow for major repair of an oversized accessory super structure to include replacement of the upper ponion of greenhouse with new aluminum and glass super structure and repair of brick foundation wails, and setback variances for structural repairs to the accessory garage, and a conditional-use pennit and 0-75' setback variance for the replacement of a retaining wail at the entrance to the lower level of the greenhouse. The accessory structure was formally recognized in October of 1993 as a nonconforming structure as it exceeds the allowed 3000 s.f in area for an accessory structure, which results in any structural repairs requiring variance approvals. Major repairs to the three- car garage include new fascia, roof, insulated windows and doors, and rafter details. The garage also does not meet the required side setback of 15' and will require variance approval for structural repairs. Applicant has asked to add a pathway on the east shore line in the 0-75' to the lakeside deck. The pathway was originally shown at 8' but was constructed at 4' wide and adds 160 s.f of new hardcover. An existing retaining wall is to be restored. The 160 s.f. of walkway and 30 s.f of wall were not included in the original hardcover facts. The original improvement plan showed a 12' wide access drive. It was shown as a grassed drive with an underlying gravel bed that would not have been considered hardcover. The Planning Commission found no acceptable hardship to allow a new curb cut on the public roadway and 250 s.f of additional hardcover in the 0-75' setback area. An amended site plan shows the 1 O' drive being removed and replaced with a grass lawn. It was noted that the 4' wide walkway and paved area are after-the-fact requests. The new curb cut should have required City approval. It was noted that there is no need to go onto the neighbor's property to make the required repairs. The Planning Commission recommended unanimous approval of the application as amended excluding the paved drive within the 0-75' setback area with new conditions. The 10' wide paved drive within the 0-75' setback area must be removed and groundcover restored no later than 1\-fay 15, 1995. Applicant must provide written confirmation of a date when the new septic ~ystems serving principal structure and detached caretaker residence are to be installed. 3 :t\'IlNUTES OF THE REGULAR ORONO CTIY COUNCIL I'r!EETING HELD ON 1\1ARCH 13, 1995 (#3 -#1992 -James and Joann Jundt -Continued) Mabusth commented that Mr. Crosby was working with neighbors to petition for municipal sewer, but the area is not on the hot-spot list. The nearest point were sewer can be picked up is located at Bracketts Po~t Road and Co~ty Road 15_, where an injector station could be installed to discharge mto the forcemam sewer headmg towards \Vavzaca. Toe new sepcic systems must be installed in 1995 construction period if se\;er is not approved for property. It was noted that a cerrificate of occupancy will be granted in the near future. i\fr. Benson reported that the applicant was agreeable to removing the paved roadway but asked that the date for the restoration of ground cover be changed to a time of two weeks past the date when load limits are lifted off the roads. The Council agreed that June l was acceptable. Kelley felt that the 250' of roadway going up to the tennis court area should be allowed. Jabbour responded that the applicant was unable to show a hardship for the location, and the applicant could have moved the the roadway away from the area and be connected to the front driveway. Benson replied to the affirmative when questioned whether Mr. & :tv1rs. Jundt wanted the driveway as proposed instead of changing it. The Council also reiterated the need for a five-year comprehensive plan to .Mr. Benson. Jabbour moved, Goetten seconded, to approve Resolution #3539 \.vith the Planning Commission recommendations and the date to complete removal of hardcover and replacement of ground cover changed to June 1, 1995. Ayes 4, Nays 0. (#9) #1996 GREGG PERL, 309 \VESTLAKE STREET -VARIAN CE .Mr .. Perl was not present. Mayor Callahan tabled Application #1996 to the next meeting of the Council. StaffwilI advise applicant that action will be taken at that time whether or not applicant is present. (#10) #1997 SALLY AND JONATHAN LEBEDOFF, 1101 FERNDALE ROAD ,vEST -V ARIAi.""iCES -RESOLUTION #3540 Mr. Robert .Mitchell represented the applicants. Mabusth reported that the application is for removal and replacement of an existing principal structure on a property, which is impacted by both the'Jagoon and the main lake, which both have 75' setback requirements. Area and lot width variances are required as the property is in a two-acre zone. The applicants seek a 900/4 area variance and a 75% width variance. The structure is located at a sub-standard Iak:eshore setbac~ located 17' from the main lake where 75' is required. The structure exists at O on the west side lot line where 1 O' is required. The east side lot line setback is at 11. 7' where l O is required., needing no variance. The property is also encroached by the flood plain at 931.5 elevation 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 22, 1995 (#3) #1992 JAMES AND JOANN JUNDT, 1420 BRACKETTS POINT ROAD - CONDITIONAL USE PERMITNARIANCES -PUBLIC HEARING-8:01-8:40 P.M. Scott Crawford of Kraus Anderson represented the applicants. Mabusth reviewed the application noting this property has been before the Planning Commission for review several times. She explained the need for variances for the structural repair of a greenhouse and existing garage and a variance and conditional use permit for the repair of retaining walls that support an underground opening into the greenhouse located in the 0-75' setback area. The comprehensive improvements application also involves the reinstallation of 6' high brick walls along the side lot line and along the front street setback. The walls are 50+' from the street yard meeting the required setback. Another issue is a paved path located in the 0-75' setback area that was not calculated in the original hardcover review. The applicant has installed a 4' path instead of the 8' path and this request has also been included in current application. On the original plans there was also a 12' grassed access drive that was to have an underliner of gravel to be covered with grass, which would not be considered hardcover. A 1 O' paved path has been installed instead which now adds hardcover in the 0-7 5' zone and requires variance approval. Peterson questioned how the applicants could be allowed to install the path in the 0-75' zone when it was not approved on the original plan. Crawford commented that the path was installed in the "heat of construction" to service the pool and terrace area. The portions of the path in the 75-250' setback area are not a hardcover problem. Crawford questioned if the entire path would need to be removed or just the portion in the 0-75' setback area. Schroeder questioned the amount of hardcover in the 0-7 5' setback area. Mabusth responded that 21,557 s.f or 16.47% was approved in earlier reviews. The additional 4' paved walkway, 10' paved drive and retaining wall repairs in the 0-75' zone brings the property to 16.76% hardcover in the 0- 75' setback area. He did not object to the walkway but did question the drive. Other members agreed. Peterson commented that in the 1993 review members questioned the foundation of the greenhouse and were told that no further improvements were planned. Crawford responded they were not planned at that time. Peterson asked if there were any other violations staff had observed since previous approvals had been granted. Mabusth responded that the Building Inspector works very closely with Crawford and was not aware of any other violations. Smith asked Crawford if there were any other improvements planned for this property in the near future. Crawford responded that there has been some discussion of restoration/structural repair of the caretaker house. Variances would be required for a side setback and repair to an oversized accessory structure. 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR FEBRUARY 22, 1995 Smith confirmed the retaining walls were to be repaired with no changes. Nolan asked the purpose of the underground walkway and retaining wall. Crawford explained it was the entrance to the root cellar and basement of the greenhouse and the only outside access to the greenhouse. Schroeder asked why the grass drive did not work. Crawford responded that service and maintenance vehicles that would use the drive would cause it to continually require grass replacement. It would be used to access the back areas of the home including the gardens, tennis courts and pool. Peterson asked why the grass had not been torn up over the years as repairs had been done on a regular basis. Crawford responded the pool was located in a different area. Mabusth reiterated Peterson's comments that much of the hardcover in the 0-75' zone was approved because of the fact that there was only about 17% in the 75-250' zone. Nolan noted that only necessary items, not items of convenience, should be considered for the 0-75' zone. He agreed with the walking path and retaining wall but questioned the drive. Schroeder asked if other options had been considered for the 1 0' drive such as two asphalt paths with grass between. Mabusth asked about the possibility of connecting a drive to the main driveway instead of using another curb cut. She did not feel members were convinced there was a hardship to support a variance for the portion of the drive in the 0-75' zone. Smith asked about the septic system issue. Mabusth stated a date is required for the installation of a new septic system since the study on areas to be considered for sewer has been completed and the Bracketts Point area will not be sewered. She asked that Crawford submit a written statement with a date indicated for installation. Crawford responded that the owners were reviewing information regarding sewer and septic and may petition the City for sewer. Mabusth noted that sewer to this property would require a Comp Plan Amendment and would take a long time. There were no comments from the public. Nolan moved, Peterson seconded, to deny Application #1992 as proposed. Discussion continued regarding the proposed variances. Nolan commented that if the 10' drive were removed from the 0-75' zone, there would be no need for a variance for the drive. He did not object to the remaining variances. Peterson commented that the Planning Commission has denied repair of boathouses in the lakeshore protected area and the greenhouse repair is a similar situation. Mabusth noted the uniqueness of the property and the hardship for the retaining wall at the greenhouse being the only grade level access. Schroeder would prefer to see the drive connect to the main driveway rather than use the 0-75' zone. Mabusth indicated an amended plan would be necessary showing there was no increase in hardcover as a result of road paving in the 0-75' area. The applicant could choose to put the drive into grass or connect to the main driveway. 6 ORONO PLANNING COlVIMISSION MEETING MINUTES FOR FEBRUARY 22, 1995 Nolan amended his motion, Smith seconded, to approve Application #1992 for James and Joann Jundt for property located at 1420 Bracketts Point Road conditioned upon the removal of the 250 s.f. of increased hardcover as a result of the 1 0' paved drive in the 0-75' setback area and that it be restored to its pre-existing grassed condition. The applicant will provide an amended plan to be presented to Council. Ayes 4, nays 0. (#4) #1993 CAL V1N C. KORTH, 900 DAKOTA A VENUE -APPEALS -PUBLIC HEARING This application has been withdrawn by the applicant. There was no one present to discuss the application. Candy Rowlette arrived at 8:42 p.m. (#5) #1994 ROBERT 'WOLFF, 4450 FOREST LAKE LANDING -VARIANCES -PUBLIC HEARING -8:47-8:54 P.M. Mr. and Mrs. Wolff were present. Mabusth explained that the applicants have received variance approvals, per Application #1945, for a 1 0'x 14' three season porch addition. After reconsidering the improvements, they are now proposing a 5' x 26' addition of the upper level and a matching extension to the lake of the existing deck. This results in an additional l 05 s.f. of hardcover. The applicant discussed the proposed changes. Nolan asked if the applicant would consider replacing the concrete pad with stepping stones and grass. Wolff indicated he would. There were no public comments. Nolan moved, Smith seconded, to approve Application #1994 for Robert Wolf, 4450 Forest Lake Landing, subject to the removal of the entire concrete pad up to steps and replacing it with stepping stones or something comparable and the removal of plastic underliner on the south side of the house. Ayes 5, nays 0. (#6) #1996 GREGG PERL -309 WESTLAKE STREET VARIANCE -PUBLIC HEARING - 8:55 -9:05 P.l\'I. Gregg Perl was present. Mabusth explained that since the 1987 application additional property has been acquired and has already been legally combined. In 1987 Perl received approval of a side and rear setback variance. The current application involves the expansion of the upper level at the southwest comer. The roof line has been expanded in the substandard side setback requiring variance approval. 7 CITY OF ORONO side setback. lakeshore setback : average Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: '275 0 Kelley Parkway, P.O. Box 66 lakeshore setback and hardcover variances , Phone g;Y;)t~7~~~-3~f l;;!~3-05lO ~ 0 d~: I i~~ ~~~ ~:1i5/i~~t:~~iS~nati~~~xi!;~ni A.} The newspaper has complied with all the NOTICE res idi_nc:2067 Bru~ and Terry Clark of 625 ' requirements Constituting qualifications as a Old Long Lake Road have made application qualified newspaper as provided by Minnesota The Planning Co mmission will hold for a side setback variance to allow ' public hearings in the Council Chambers at construction of an attached garage addition. Statute 331 A.02, 331 A.07, and other applicable 2780 Kelley Parkway commencing at 7:00 8. #2068 Pat and Kathy Smieja of 4040 p.m. on Monday, September 18. 1995, on the watertown Road have made appl ication for laws, as amended. matter of reviewing the following land use front and_ rear setback variances to allow l , .., applications: · construction of an _ addition · to the existing I; 1 ~,1 &Ji District has made application for a conditional 9. #2069 Cindy and Steve Harris of B.} The printed +U JV"'1/LLW l]/,1, 1. #2059 Minnehaha Cree!< Watershed residence. · · · · ·-· 17n /J,'A 17 ·11'/J ',t,!J 'JIJA} use permit and var iance for the construction 3850 Watertown Road have made application of a 2.5 acre sto rmwater wet detention po nd for a variance to allow construction of a , . , on property lo_cate d at 1485 Sixth Avenue swimming pool located nearer the front lot North (PIN '!126 -11 8-23 33 0029) involving the line than th e principal residence structure. 1:--, -------------------_----- removal of approximately 25,000. cubic yards 10 . #2071 Ja_mes and Joann-Jundt of ,which is attached was cut from the columns of said of fill within and adjacent to a protected 1400 Bracketts Poin t Road have made an , tributary. · application to amend -Resolution No. 3539, newspaper, and Wis printed and published once 2 . #2060 Tim Feyo and Karen Full e r-requesting variances and cond1t1onal use Feyo, the owners of the property located at permit for land alterations and hardcover each week for ----successive weeks: 4055 Elm Street, have made application for within the 0-75' lakeshore setback zone. ' renewal of the lot wid th va riance granted in · 11. ·112072 Graydon K. Newman. Jr. of September,· 1994 to allow construction of a 1655 Sohns Point Road has made application single family residence on the_ property. for lakeshore setback variances, hardcover , 3. #2061 Arne Wasberg of 3135 North va riance and land alteration conditional use Shore Dri ve has made application for reriewal permit fo r proposed deck walkways and sand of 0-75' hardcover and lakesho re set back fill including boulder retaining wall alterations, variances approved in September, 1994 for within the 0-75' lakeshore setback zone. the construction of additions to the existing 12. #207 3 William _and Susan Dunkley · residence. ·· · · of 2709 Walters Port-Lane have made ·4_ -#2602 Ted Rozeboom of 2967 Casco app licatio n for lakeshore setback · and Point Road (the appl icant) and Josephine hardcover v ariances and a land alteration · Knudson, owner of 2965 Casco Po int Road , conditional use permit for retaining wall, have made application for variances to the sidewalk _and driveway reconstruction, and It was first published Monday, the__l}_l!,_day of ~/iuk} 19i5_, and was thereafter printd and published every Monday, to and including Monday, : · zoning standards for conducting a home construction of -three-season .porch · and · occupation . The appli cant requests approval e ntryway additi ons,. all within d he .,0-75 ' th d f oLa -liome occu pat ion operated by the lakeshoresetback_zone-s ;•-:'::,-:··":.:.!.,..-,,: e ____ ayo_~---,,,...,,.....--t----19 ___ ; . applicant on a property and within a principal · -All ·persons ·wishing ·10 · be heard will ~ structure in which he does not reside; and for _ appear at this meeting . Written comments ~ which the entrance to said home occupation are solicited . Plans are _avai lable ·in the City is not gained from withi n said principal offices for rev j ew,_by -appointment . . : structure. --• _ thorized Agent 5 . #2063 Gerald and Candace Rowlette City of Orono .. ~: -:• of 3775 Bayside Road have made application By : Plann ing Commission for hardcover: and lakeshore setback ' variances for replacement of an existing deck in the 0-J 5' la kesho re setback zone . -- -· 6. · #2066 Robert and Iris Waade of 1487 Shorel(ne Drive have hade application for -Michael P. Gaffroo, Assistani Pla nn ing & Zoning.Administrator . -_ · . • ,, • Subscr'1bed and t h ' ~ . . , '. . sworn o me on t Is (Published in The Laker and Pioneer,· Sept. 4, 1995) -~--... ~-,. _ . . By: i/ !/r; day of 4LkJ c/1;:dw I , 19 <Jj___ e ( Notary Public KRISTI HOLM - NOTARY PUBUC-....-,rA MY COMM. EXPlflES 14MDIIO Hate Information (1) Lowest classified rate paid by commercial users for comparable space : $11.72 per inch. (2) Maximum rate allowed by law for above matter: $11. 72 . (3) Rate actually charged for above matter: $6.80 per inch . Each additional successive week: $4.90 . CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2071, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 31st day of August, 1995. Jami~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, l\1N 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway commencing at 7:00 p.m. on Monday, September 18, 1995, on the matter of reviewing the following land use applications: 1. #2059 Minnehaha Creek Watershed District has made application for a conditional use permit and variance for the construction of a 2.5 acre stormwater wet detention pond on property located at 1485 Sixth Avenue North (PIN #26-118-23 33 0029) involving the removal of approximately 25,000 cubic yards of fill within and adjacent to a protected tributary. 2. #2060 Tim Feyo and Karen Fuller-Feyo, the owners of the property located at 4055 Elm Street, have made application for renewal of the lot width variance granted in September, 1994 to allow construction of a single family residence on the property. 3. #2061 Ame Wasberg of 3135 North Shore Drive has made application for renewal of 0- 7 5' hardcover and lakeshore setback variances approved in September, 1994 for the construction of additions to the existing residence. 4. #2062 Ted Rozeboom of 2967 Casco Point Road (the applicant) and Josephine Knudson, owner of 2965 Casco Point Road, have made application for variances to the zoning standards for conducting a home occupation. The applicant requests approval of a home occupation operated by the applicant on a property and within a principal structure in which he does not reside, and for which the entrance to said home occupation is not gained from within said principal structure. 5. #2063 Gerald and Candace Rowlette of 3775 Bayside Road have made application for hardcover and lakeshore setback variances for replacement of an existing deck in the 0- 75' lakeshore setback zone. 6. #2066 Robert and Iris Waade of 1487 Shoreline Drive have made application for side setback, lakeshore setback, average lakeshore setback and hardcover variances to allow the construction of a second story addition and roof line revisions to the existing residence. 7. #2067 Bruce and Terry Clark of 625 Old Long Lake Road have made application for a side setback variance to allow construction of an attached garage addition. 8. #2068 Pat and Kathy Smieja of 4040 Watertown Road have made application for front and rear setback variances to allow construction of an addition to the existing residence. PLANNING COMMISSION NOTICE FOR MEETING OF SEPTEl\IBER 18, 1995 9. #2069 Cindy and Steve Harris of 3850 Watertown Road have made application for a variance to allow construction of a swimming pool located nearer the front lot line than the principal residence structure . 10. #2071 James and Joann Jundt of 1400 Bracketts Point Road have made an application to amend Resolution No. 3539, requesting variances and conditional use permit for land alterations and hardcover within the 0-75' lakeshore setback zone. 11. #2072 Graydon K. Newman, Jr. of 1655 Bohns Point Road has made application for lakeshore setback variances, hardcover variance and land alteration conditional use permit for proposed deck walkways and sand fill including boulder retaining wall alterations, within the 0-75' lakeshore setback zone. 12 . #2073 William and Susan Dunkley of 2709 Walters Port Lane have made application for lakeshore setback and hardcover variances and a land alteration conditional use permit for retaining wall, sidewalk and driveway reconstruction, and construction of three- season porch and entryway additions, all within the 0-75' lakeshore setback zone . All persons wishing to be heard will appear at this meeting . Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission To be published the week of September 4, 1995. HARDCOVER CALCULATION ·woRKSHEET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 25-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House Boat ~----- Length B. Garage C. Driveway ( P u b 1 i c ) D. Sidewalk ( St o n e S t e p s ) E. Patio/Deck F. Landscape Underlain By Plastic G. Other X X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE = Width = = = = = = = = = = = = = A 21 , 5 5 7 . 5 B 13 0. 8 3 4 x 100 = PROPOSED HARDCOVER IN ZONE A. House Boat x Length B. Garage C. Driveway (Pub lie) D. Sidewalk ( St on e St e p s ) E. Patio/Deck Pathways F. Landscape Underlain .By Plastic G. Other Retaining Wall X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 21,939 B = Width = = = = = = = = = = = = = =· 13 0 ; 8 3 4 X 100 = 13 19 6 S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 20,591 S.F. ______ S.F. 525 S.F. S.F. ------ 245.5 S.F. ______ S.F. S.F. ------ ------S.F. ______ S.F. ______ S.F. 21,557.5 S.F. A 130,834 S.F. B 16 47 % 196 S.F. S.F. ------S.F. ------S.F. ------ S.F. ------ 20. 591 S.F. 250 S.F. 525 S.F. S.F. ------ 187 S.F. 160 S.F. S.F. ------S.F. ------S.F. ------ 30 S.F. 21,939 S.F. 130,834 S.F. 16.76% A B HARDCOVER CALCULATION vVORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 25-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = 8,386 S.F. Length Width Caretaker's House X = 5,884 S.F. X = S.F. X = S.F. B. Garage X = 1,400 S.F. Caretaker's Garage 822 C. Driveway X = 23,82Z S.F. X = S.F. D. Sidewalk X = 229 S.F. X = 150 S.F. E. Patio/Deck X = 1,600 S.F. X = 305 S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other Tennis Court X = 7 320 S.F. TOT AL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A 49,923 B 317,893 X 100 = 15.7 % PROPOSED HARDCOVER IN ZONE A. House X = 8 386 S.F. Length Width Caretaker's House X = 5 884 S.F. X = S.F. X = S.F. B. Garage X = 1,400 S.F. Caretaker's Garage 822 C. Driveway X = 23,827 S.F. X = 5,240 S.F. D. Sidewalk X = 229 S.F. X = 150 S.F. E. Patio/Deck X = 1,600 S.F. X = 305 S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other Tennis Court X = 7,320 S.F. TOT AL HARDCOVER IN ZONE 55,163 S.F. A TOT AL PROPERTY AREA IN ZONE S.F. B A 55,163 B 317,893 X 100 = 17.35 % 13 ,'1 ,/ CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from .the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the .. permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Scott A. Crawford First Middle Last Kraus-Anderson Constructiqn Campany, M;tdwest Divisic:m Address 8625 Rendova Street NE. Circle Pines City /, MN State 'IELEPHONE-481:-7357 • FAX -473--0510 55014 Zip 612 . 786 :7-lll- Phone Kraus-Anderson Construction Company Midwest Division 8625 Rendova Street N.E ., P.O. Box 158 Circle Pines, MN 55014 Phone (612) 786-7711 / Fax (612) 786-2650 LETTER OF TRANSMITTAL To: Jeanne Mabusth City of Orono Date: 8/25/95 Job No: 8189 ---- Re: Southways Cottage 2750 Kelly Parkway 1420 Bracketts Point Road Orono, MN 55356 Orono, MN 55391 Gentlemen: We are sending you _x_ Attached _ Under separate cover via ____ the following items: Prints Plans Samples Specifications Shop drawings Copy of Letter X Other: Copies Date No . Description 3 8/25 /95 Amendment to Variance Application These are transmitted as checked below: For Approval X For your use As requested For review & comment FOR BIDS DUE: REMARKS: Approved as submitted Approved as noted Returned for corrections Returned as requested Resubmit _copies for approval Submit _copies for distribution Return _ corrected prints PRINTS RETURNED AFTER LOAN TO US Copy to: ___________ _ Signed : __ ~S~c~ott~A~. ~C~ra~w~f~o~rd~,~P~r~o ...... ie~c~t ~M~a=n=a..,.g=er~- If enclosures are not as noted, kindly notify us at once.