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.
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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.
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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.
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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.
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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)
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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)
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REQUIRED SUDMITT ALS
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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. ·
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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
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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 •
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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! Orone ?:';int: tht~c~ e6uite~ly clo~...g
e~id Cf=r!~f'.:rlir~1: e di!-t,t.r:.ce of 5 ff.:~t; th,:-r.c.~ ~out!'t~l;;:tte~ly C)n t!.
tr,.!'.£tnti~l cu-:-ve to the r:~ht ~iih >;, r~dius oi 221.17 =~~t ~ d:e-
:.!::.cr: (.ii U39. ,'3/3 if::-:t: thcnr~e er;uth-...:P.sthrly t.>;.."1l~nt tr; tf.i.id l~t
r.ir:sc::--!.b,:d c-..i.Y"\·t o.. di!~t..r~ce: rJi 5 f~et: th~::c.: . .r: sr;1.rr,h~et~~r-ly c.in b.
tt.:'.a".::r,t:f:..i. m.:.t"":t tu .,;-:e ri; .. ht ;,. :rf:..r.ii~ c: ~.;.'::. 72. :t-:r, ,1;. rHet-~Cf:
r.>: ~lS.25 :~,;t; tht:1ct er.n.::r.h~tH~'ttrly t.r ..... -.;:tr.~ tr; e.J:..ld. l.::...!!'!t d~-
e~rit~<l r;,;:tw: ~ diete:.:::e of 107.J foet; ~h-':r:.'.::f.! W"::!"Ltr-l.y ::r~lt.i:-..£ ~'i
.e:.r....;:ll': r.J! 44 dtr·c~s 42 ~in'..!t68 7-o t:l~ ri~;..,.:. 1;. rHe--:..l;U;t r,;i 79. 3
~~ th~ eh.or~ of t~.ke Hin..~~tor-~ ~..r.d :~~~~ t~r::.i~~~i::g;
V; &ir-cer Aver-.u~ e.., 0?':Md TPJ ['(,',<,nJ::~:::. r.o. 2092i3f.li3;
eub-
Al!lo tha,:, 'µlrt of v~c~t!id C6n~e:-:-Avtr.-.:..e t..! e~id C:,n:r.~r-f.vl';n,;,: wt...S
<l,._,dicu¢d --:.o th".: p.i.tilic in the: ;,h.t r;f, ?.~t.:z:·-:-';.l"lgt;:::en .. vf Or·r;no
P-?i::t.. lYi':".2 co1.rr.::.t.:r ly r'.Jf th.':: w;.,eter ly·· f:tX:~neion of tb~ no-rt::.er lY
l~~~ of L;;t 4, ee.id ~!.i.rr-.~er:.e:nt ¢! i)r-orJ:J ?~ir1~ e.."'.d r.r;rthP.rlY o:
6. lir:~ (lt.~.wti ~t:e't~rly 1'!r;.--endicul,;r to tf..--;: w~e't li~~ (;f e!.tid Lr.>t 4
f-::·c:::i ~ VJir.r .. 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.