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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 473-7357 TO: Mr. and Mrs. James Jundt 1400 Bracketts Point Road Orono, MN 55391 APPLICATION NO. #2048 NOTICE OF COUNCIL ACTION Date of Notice: October 3, 1995 COPIES: Kraus-Anderson Construction Co. Midwest Division 8625 Rendova Street Northeast Circle Pines, MN 55014 Attn: Scott Crawford TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 9/11/95 VOTE: 3 FOR 0 AGAINST COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. 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. A building permit cannot be issued for the improvements until the resolutions are fully executed by applicant. 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 (September 11, 1996). Please contact Jeanne Mabusth if you have any further questions concerning the review of this application. lsv MJNUTES OF THE REGULAR ORONO CITY COUNClL MEETING HELD ON SEPTEl\fBER 11, 1995 (#6 -#2045 John Steinmetz -Continued) The applicant was present. Hurr inquired if the County had the adequate right-of-way. Mabusth said the County did have the adequate right-of-way with 66', adding that most of the road is located on the east 33'. Mabusth said Dave Zetterstrom from Hennepin County was unable to give any minimum setback from the road but did say the distance from the traveled road was adequate. Callahan noted that an adjustment was made at the Planning Commission regarding the size of the porch. Mabusth said the porch was to be 8' with 1 O' at the roof line with a 2' overhang and located at the O' lot line. Burr moved, Callahan seconded, to approve Resolution #3598 . (#7) #2048 JAMES & JOANN JUNDT, 1400 BR.\CKEITS POINT ROAD - CONDITIONAL USE PERlvilT,YARIANCE -RESOLUTION #3599 Scott Crawford of Kraus Anderson Construction represented the applicants. Mabusth reported that the application is for a third residential unit in the oversized access01y structure for a studio apartment, which already contains a 3-bedroom, 2-level, caretaker unit and a 2-bedroom guest house. The one room studio will bring the total bedrooms to six, all of which will be served by one septic system . The application was approved by the Planning Commission with conditions placed on the septic systems. The sewage system was to have been updated by the 1995 construction season. A petition for sewer is under consideration . The Planning Commission has asked for septic testing every two months. If failure is found, the system must be pumped out on a regular basis . Limitations would be placed on the property should this fail . Kelley asked if Staff knew where the septic tank was located. Mabusth said they did, and it has been found not to meet the separation required . Tests have been conducted to show there is adequate area to serve the usage. Kelley asked what would occur if the 1-{USA line is not extended to this area . A new septic system would be installed . Mabusth suggested stipulating a deadline date for installation of septic should the !vfUSA line amendment fail . Callahan asked if the applicant agreed to update the septic in the original resolution. !vfabusth said this was true. Callahan said no deadline should then be needed . Hurr asked what kind of septic was on the site at present . There are two mound-type septic systems, one for the main residence and one for the accessory structures. Four septic sites were tested. Hurr asked if it is realistic to have six-bedrooms within the accessory structure, and Mabusth said it was. 4 :, _._ MINUTES OF THE REGULAR ORONO CITY COUNOL l\.1EETING HELD ON SEPTE1\1DER 11, 1995 (#7 -#2048 James & Joann Jundt -Continued) It was noted that this is the sixth application by the applicants. Callahan moved, Kelley seconded, to approve Resolution #3599. Ayes 3, Nays 0. (#8) #2050 WILLIAI\1 TOLES, 3165 NORTH SHORE DRIVE -VARIANCE - RESOLUTION #3600 The applicant was not present but was represented by the realtor for the property.· · Gaffron reported that the application is for hardcover and average lakeshore setback variances. The property was subject to a variance application in 1988. The current··· hardcover c-alculations match that which were appro_yed in 1988. The proposed, pdol would be 115' from the shoreline. The average lak.eshore setback is defined by the house to the northeast, and the house on the west, which is set back. Gaffron said there would be no impact on these neighboring homes. The hardcover calculations shows 33.1% existing in the 75-250' zone, where 25% is allowed, and is proposed at 32.6%. The reduction in hardcover will be acquired through the removal of 1390 s.f oflandscape fabric and plastic and 400 s.f of concrete and wood patio. The pool was looked at as structure. The Planning Commission recommended approval of the application with reductions as noted in hardcover. The applicant was asked to reduce more hardcover if this was possible. Hurr said she saw no problem with the average lak:eshore setback but saw no hardship to add to the structural hardcover. Hurr asked ifthere was anywhere to reduce the amount of hardcover. Gaffron said any further removal would affect the house or driveway. It was noted that this application was for a hardcover variance only, not a structural coverage variance. The structural coverage is at 11 % with the proposed pool. Gaffi-on said the review of hardcover and structure was made due to the issue of non-structural versus structural hardcover issue with landscape beds and plastic underlayment. Hurr asked for clarification of the reduction of non-structural and decking by 400'. Gaffron said the reduction is from a patio 2' above grade. The 400 s.f in patio would be in exchange for the 1500 s.f pool. There is a net reduction in non-structural hardcover of 137 s.f. with the removal of 1390 s.f of plastic and fabric. 5 CITY OF ORONO P.O. Box 66 ZONING FILE #2048 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 473-7357 DATE OF NOTICE: August 29, 1995 TO: James and Joann Jundt COPIES TO: Kraus-Anderson Construction Co. Midwest Division 1400 Bracketts Point Rd. Wayzata, MN 55391 8625 Rendova St. NE Circle Pines, MN 55014 ATTN: Scott Crawford TYPE OF APPLICATION: Conditional Use Permit DATE OF MEETING: 8/21/95 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Planning Commission recommended approval of the conditional use permit for a studio apartment within the oversized accessory detached structure that will contain a total of six bedrooms, subject to the following conditions: 1. Applicants or applicants' contractor to obtain a building permit for installation of the studio apartment within the upper level of the oversized accessory structure. 2. Until the issue of sewer is resolved to the property, the existing septic systems shall be checked every two months to ensure there is no failure. Until the matter of sewer is resolved should the systems fail, the City may have to ask all use or partial use of the bedrooms within the accessory structure be curtailed until the structure is served by a satisfactory sewage disposal system. Applicant's next scheduled meeting is confirmed at the City Council September 11, 1995, meeting starts at 7:00 p.m. Please contact Jeanne Mabusth if you have any further questions concerning the review of your application. ch MINUTES OF THE ORONO PLAL'lNING COMMISSION MEETING HELD ON AUGUST 21 , 1995 (#8 -#2046 Lakeview Golf -Continued) Schroeder moved, Lindquist seconded, to recommend approval for a 4500 s .f storage building, work with Staff on a screening plan, to relocate the 15th and 16th fairways with the movement of fill on the property, and to update the survey at the end of the building process . Tom Major asked how the site was selected. The applicant said the site was in the middle of3 holes, and the only good spot where there are lots of trees to block it out. Ayes 6 Nays 0. (#9) #2048 JAMES AND JOANN JlJNDT, 1400 BRACKETIS POINT ROAD - CONDITIONAL USE PERMIT/VARIAN CE -PUBLIC HEARING -8:52-9:07 P.M. The Certificate of Mailing and Affidavit of Publication were noted . Scott Crawford of Kraus Anderson Construction represented the applicant . Mabusth noted that approval has been granted for a green house, a guest house, and a 2- level caretaker residence within this property. The current application is for the conditional use permit for a studio apartment within the upper level of the oversized accessory structure and will act as an independent stmcture with its own kitchen and entry . If sewer comes to the property, all accessory structures will be considered. The sewer is likely to occur and hopefully scheduled for 1996 awaiting completion of comprehensive plan amendment and Met Council approval. The property's scheduled date of 1995 to update the septic will be to be refigured if sewering is not done. Crawford said the construction company would like to be off-site and completed before 1996. Peterson said he saw no problem with the studio apartment and saw the issue needing resolve as sewer. Peterson is concerned with the lapse of time and the need for protection, questioning whether the septic is able to handle all of the current usage. Schroeder asked how many people live on the premises. Mabusth said there would be a total of six bedrooms within structures. Although components of the kitchen, etc., were in place according to Crawford, Mabusth said the studio apartment is a separate residential unit. Mabusth further added that no floor plans were ever provided to Orono Staff of this building. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 21, 1995 (#9 -#2048 James & Joann Jundt -Continued) Mabusth said the septic is non-conforming, and it is being questioned what affect the apartment would have on the septic. Mabusth said it is a good idea to ask for septic inspections. Peterson agreed that the goal is not to allow the septic to fail. Crawford noted that this property was considered a hot spot for sewering at one time, and the applicant has been dealing with this issue throughout all the applications. Schroeder added that the City cannot allow more people to reside on the property than the septic can handle. He is in favor of inspections; and if the system fails, Schroder said that would affect the conditional use pennit. The property has two separate septic units, one for the main residence and one for the accessory structures. The septic units do not meet the separation requirements. Peterson commented that normal inspections occur every two years. This property, according to Peterson, should be inspected more often. Schroder moved, Lindquist seconded, for approval of a studio within the oversized accessory structure, subject to conditions of the CUP with inspections of existing relevant system every two months to show its capability in handling the increased usage. A charge will be incurred by the applicant for extra inspection time. Gaffron remarked that the earliest date for sewering of the property would be the end of 1996. It is Staffs sense that the septic is not running out onto the ground, but noted the 3' separation is not met. It is possible that the system may not be able to handle the usable wastes during this period of time. If this is found to be true, the septic would need to be pumped out on a regular basis. There were no public comments. Ayes 6, Nays 0. Mabusth commented on an issue with tree removal in the 0-75' zone for waterproofing of a tunnel that was not approved by Staff All of the earth around the tunnel was moved during the waterproofing process. Staff will ask for replanting of these trees. Crawford commented that the elms were deteriorated, and tree roots were extending into the tunnel. Part of the tunnel encroaches the 0-75' setback. An amended application will be coming before the Planning Commission on this issue and is not part of this application. (#10) #2049 FRED GUTTORMSON AND CHIC DWIGHT, 1220 TONKA WA ROAD -VARIANCES -PUBLIC HEARING -9:25-9:48 P.M. The Certificate of Mailing and Affidavit of Publication were noted. 12 TO: Chair Peterson and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: August 14, 1995 SUBJECT: #2048 James and Joann Jundt, 1400 Bracketts Point Road -Conditional Use Permit -Public Hearing Zoning District: LR-lA Total lot area = 13 + acres Pertinent Ordinance Section 10.28, Subd . 3 (A) -Conditional use permit for studio apartment within oversized accessory structure. List of Exhibits A -Application B -Property Owners List C -Floor Plan -Studio Apartment/Two Level Caretaker Residence D -Site Plan E -Floor Plan for Guest House Description of Request Applicant has filed a conditional use permit to permit the installation of a studio apartment within the upper level of the oversized accessory structure on the property. The City has approved a conditional use permit for a guest house unit and caretaker unit within the oversized accessory structures. Since that time, the City has granted variances to allow structural repairs to the oversized structure located within substandard yard areas. The property consists of 13 acres and will satisfy area needs of three residential units within accessory structure. In recent applicatic1n::: allowir,g for the more intensified use of the accessory structure , the applicant and owners were advised of the need to either install a conforming septic system or to agree to particip,,ti in the extension of municipal sewer to the Bracketts Point area. Staff has held a ne ighborhood meeting for the Bracketts Point residents advising them of the benefits of installing sewer to their residences. Staff has already received several petitions requesting sewer extension to the Bracketts Point area hopefully in early 1996. Once again, the owners of this property have agreed to install conforming septic systems if sewer extension has not been approved by either the City or MET Council The City will include all "Ten Hot Spots" within a Comprehensive Plan Amendment. As the Bracketts Point neighborhood was the lowest on the list of ten as far as needs, the City will expect a petition of 100 % of residents requesting sewer. Zoning File #2048 August 14, 1995 Page 2 Issues for Consideration 1. Applicant cannot be expected to install on-site septic systems (main residence and accessory structure) during the construction season of 1995 if sewer extension is approved by City and project ordered in 1996. What is a reasonable deadline for installation of septic should Comprehensive Plan process fail '95/'96? Should all use of studio apartment or other units cease until sewer issue is resolved? 2. Applicant should be placed on notice that additional residential units will be assessed for sewer. It is not clear as to how each of these units will be assessed but this will be a consideration during the assessment hearings for sewer. 3. Other issues raised by Planning Commission. Staff Addendum The applicant will file an amended conditional use permit involving an earlier application dealing with repairs to the retaining wall at entrance door to a tunnel that provides access to the lower level of the green house. It appears that a tree has been removed in the 0-75' setback area and that applicant proposes removal of all earth that surrounds the tunnel for purpose of waterproofing. These land alterations will occur in the 0-75' setback area. This was never made clear to the City in the original application information submitted with the conditional use permit application. Planning Commission Recommendation To approve conditional use permit requesting a studio apartment within the oversized accessory structure that will contain a total of six bedrooms, subject to the following conditions: ch 1. Applicant to obtain a building permit to permit the installation of the studio apartment within the upper level of the oversized accessory structure. 2. Deadline date for on-site septic installation should sewer petition fail. Should use of accessory residential units cease until an approved sanitary disposal system is installed on property? I r-.L •I 1 • l l rir~J-... n r:: CC !,.J i\'Lr\RK H. REED .1500 BRACKETT'S POLNT ROAO-WAYZATA, MN -612/473-2106 227 BOUQUET CA.'.'IYON DRIVE -PALM DESERT~ CA -619/568-9458 B y Fax: 473-0510 August 21 , 19 9 5 Planning Commission City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Planning Commission Members : I am writing on behalf of my family, The A Lachlan Reeds (1500 Brackett's Point Road), regarding land use application #2048 , scheduled for public comment tonight in Council Chambers . James and Joann Jundt, our immediate neighbors at 1400 Brackett 's Point Road, have filed for a conditional use permit. to allow a studio apartment within an oversized accessory structure on the property that already contains a two-story guest house, caretaker apartment and greenhouse. We believe this represents an improvement of their property which in no apparent way interferes with the Jundts ' neighbors or the general wellbeing of the neighborhood . On those grounds, we believe the permit should be approved . If you care for further comment, please feel free to contact us . Thank you very much for taking our views into consideration . Sincerely yours, ~ ~L_ -~-\ MarkH. Reed CITY of ORONO September 6, 1995 Mr. and Mrs. James Jundt 1400 Bracketts Point Road Wayzata, Minnesota 55391 Dear Mr. and Mrs. Jundt: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The enclosed approval resolution shall be presented to Council for their formal action at their September 11, 1995 meeting. You are asked to review the findings and conditions of the resolution and to contact staff prior to the meeting if you have any questions. s· ce ly, ~ L-,r , /'l; . • ~ ;~~-dl; /~-· z_ . y ... Jeanne A. Mabusth Building & Zoning Administrator JAM/ch Enc. cc: Scott Crawford, Kraus-Anderson Construction Co. Midwest Division, 8625 Rendova St. NE, Circle Pines, MN 55014 Telephone (612) 473-7357 • FAX 473-0510 REQUEST FOR COUNCIL ACTION DATE: September 6, 1995 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Jeanne A. Mabusth Zoning Title Building & Zoning Administrator Item Description: #2048 James and Joann Jundt, 1400 Bracketts Point Road -Conditional Use Permit -Resolution Zoning District: LR-lA Total lot area = 13 + acres Pertinent Ordinance Section 10.28, Subd. 3 (A) -Conditional use permit for studio apartment within oversized accessory structure that already contains a three bedroom two level caretaker unit, a two bedroom guest house. Brief Review of Application Applicants have applied for a conditional use permit for a third residential unit within the oversized accessory structure, refer to Exhibits C and E. The original conditional use permits :or the caretaker and guest house units were conditioned on an approved septic system being installed within the construction year of 1995. Since those approvals, the Bracketts Point neighborhood is in the process of petitioning for sewer and the area included within the current Comp Plan I .mendment that proposes a realignment of the MUSA line within the City. Sewer would not be available until 1996. It is not reaso;nable to expect the applicants to install the septic system now that the City is considering the extension of sewer to the Bracketts Point properties. The Planning Commission was asked to consider a deadline date for the installation of a conforming septic system should be the Comprehensive Plan process fail in 1995/96 season. Septic systems that currently serve principal structure and the oversized accessory structure have shown no visible signs of failures. Inspections conducted by the on-site system manager in 1994 confirmed that the existing systems were non-conforming and did not meet the required 3' separation. The applicants have willingly agreed to install conforming septic systems as soon as the extension of sewer to the area is resolved by both the City and the MET Council. Request for Council Action continued page 2 of 2 September 6, 1995 Zoning File #2048 Rather than establishing a deadline for applicants, the Planning Commission has recommended that the on-site septic manager complete an inspection every two months to ensure there is no failure of the existing system now at the six bedroom use level. Until the matter of sewer is resolved, should the systems fail during this period of time the tanks would have to be pumped on a regular basis or the City may have to ask all use or partial use of the bedrooms within the accessory structure be curtailed until the structure is served by a satisfactory sewage disposal system. The enclosed approval resolution has been drafted per the conditions of the Planning Commission approval. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. ch A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #2048 WHEREAS, James R. Jundt and M. Joann Jundt, (hereinafter "the applicants") are the 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 "property"); and WHEREAS, the applicants have applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit a third residential unit, studio apartment, within accessory structure on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2048. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13. 8 acres. 3. The Orono Planning Commission reviewed this application on August 21, 1995 and recommended approval of the conditional use permit as proposed based on the following findings: A) Property consists of 13.8 acres. B) There is adequate area to satisfy three residential units within the oversized accessory structure. Page 1 of 6 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 systems to serve the principal structure and the residential units within the oversized accessory structure. 4. The City Council finds that granting a conditional use permit to allow the studio apartment resulting in a total of six bedrooms within the accessory structure on the property 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit the installation of a studio apartment within an accessory structure that already contains a three bedroom caretaker apartment and two bedroom guest house apartment, subject to the following conditions: 1. Until the extension of sewer has been resolved for this property, the on-site septic manager shall complete inspections every two months to ensure there is no failure. Applicant is advised that should the systems fail during this period of time, the City shall require the pumping of septic tanks as needed and/or limited use or partial use of the bedrooms within the accessory structure until structure is served by a conforming sewage disposal system. 2. Applicants' contractor to obtain a building permit for the installation of the studio apartment within the upper level of the accessory structure on the property. Page 2 of 6 3. Authorities granted by this resolution run with the property not with the applicant but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (September 11, 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. Adopted by the Orono City Council on this 11th day of September, 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 11th day of September, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 6 t .... # ··••!:, CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 1420 Bracketts Potnt Rqad, Orono, MN 55391 · Type of Application to be Filed ___;;C:..::o=n=d=it=i=··o=n=a=l_U=s=e,a_.:.P=e=nn=· i=··t,._ __________ _ Property Identification Number (P .I.D.) ---"l=l'--=l=-17'-----"'2=3_-=32=--.,...--=·0=0=20=-:---------- APPLICANT Kraus-Anderson Construction · Phone (home) ---------N rune Canpany, Midwest Division Phone (work) (612 )_ 786-77ll Address 8625 Rendova Street NE City Circle Pines Zip 55.014 OWNER (if different than applicant) Phone (home)_~4~2 ..... 3~,..•--9 .... 52-4 ___ _ Name James and Joann Jundt Phone (work) ---------Address 1400 Bracketts Point Road City Orono Zip 553.91 ~~~----- DateProperty Acquired_-=Mar=c"""h""-""J..,.9__,_9...._2 ______________ (month/year) I (do) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ~ $ 50.00 For each variance request with CUP application $125.00 Residential Accessory Use ---$200.00 Institutional (church, school, etc.) ---'/. -$175.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg --- --- --- --- --- $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling -designated wetland or floodplain Grading and filling -101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule $100.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$200.00 Commercial Site Plan Review ( + consultant fees) $250.00 Vacation --- $17 5. 00 Easement Vacation --- $ 75.00 Easement Vacation With Subdivision --- ---$300.00 Rezoning (PUD -refer to fee schedule) ---$300. 00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- PRESENT USE OF PROPERTY Present Zoning District ------- Present Use of Property X Residential ___ Other (specify) _______ _ 6 "l -~~~-00 ; ~;::: i.h1 REQUIRED SUBMITTALS 1. X Completed Application Form. 2. __ Describe request in detail. 3. * Certified Property Owners List of owners within 350' (you can obtain this list from 4. 5. 6. 7. 8. 9. 10. * * -- Hennepin County Department of Finance, A-603, Government Center, 348-3271). Plat Map. Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. * __ Attach legal description to application if not included on required survey. _*_ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). * List of the legal names (include marital satus) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). X Construction plan, if applicable (see staff for requirements). --As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. *THESE ITEMS HAVE BEEN PREVIOUSLY SUBMITI'ED TO THE CITY OF ORONO. YOU ARE REQUIRED TO SUPPLY 30 COPIBS OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay a itional £ es (staff time not covered by original fee payment) and/ or unusual expenses incurr cl in revi of this application, and certifies that the information supplied is true and correct t the st f his/her knowledge. i I J Applicant's signature ---+---+--,~----------Date _,_14-/zi-=~::...,._V-=-JJ_J'_· _____ _ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date -------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 RUN DATE 08/26/93 BATCH 004 PROP ADDR Ol'INER NAME TAXPAYER NAME/AD DR PROP ADDR Ol'INER NAHE · TAXPAYER NAME/ADDR PROP ADDR Ql·lNER NAHE TAXPAYER NAHE/ADl>R PROP ADDR Ol'INER NAHE TAXPAYER NAME/Al>DR 38 11-117-23 32 0009 01400 BRACKETTS POINT RD JR JUNDT & HARV J JUNDT JAMES R JUNDT BOX 1 · CRYSTAL BAY MN 55323 38 11-117-23 32 0017 01300 BRACKETTS POINT RD GEORGES PILLSBURY ET AL GEORGES PILLSBURY 4800 FIRST BANK PLACE HPLS MN 55402 38 11-117~23 33 0001 01420 BRACKETTS POINT RD JR JUNDT & M J JUNDT JAMES R JUNDT BOX 1 CRYSTAL BAY MN 55323 38 11-117-23 33 0006 01500 BRACKETTS POINT RD MARTHA S & A LACHLAN REED · MARTHA S & A LACHLAN REED 1500 BRACKETTS POINT RD WAYZATA MN 55391 IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY Ol'INERS LIST REPORT NO. PI435401 PAGE 12 ~8 ,11-117~23 32 0010 01265 ,BRACKETTS POINT RD MICHAELE LYNN III & WIFE MICHAEL & JORJA LYNN III 1265 BRACKETTS POINT l~AYZATA MN 55391 38 11-117-23. 32 0018 01220 BRACKETTS POINT RD ELLA P CROSBY 38 11-117-23 32 0011 01420 BRACKETT$ POINT RD JR JUNDT & M 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 BRACKETT$ POINT RD JOIIN S PILLSBURY JR ET AL JOIIN S PILLSBURY JR 4800 FIRST BANK PLACE ,L, 38 11-117-23 33 0004 01450 BRACKETTS POINT RD MARntA S & A LACHLAN REED MARTHA S & A LACHLAN REED 1500 BRACKETT$ POINT RO WAYZATA MN 55391 TOTAL BATCH 004 00010 MPLS MN 55402 38, 11-117-23 33 0005 01480 BRACKETTS POINT RD R & L HEADRICK ROGER L & LYNN C llEAORICK 1480 BRACKETTS POINT RD HAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO TllE BEST OF HY KNOWLEDGE AND BELIEF.:J \ 1 I J ••ft• DATE °'" ~3BY -"-W<__.._,___t::lU.J/.NJ-'---"'---- ....... \° ,> ? _F-- I~~=~ \ . I = \ . '-~ .- [[ i , wooo !1'--: .. - '""""_,,.,.---! !._.. DINING AREA CD PROPOSED FIRST FLOOR PLAN s LIVING ROOM ©® ® @ ~-----------_ __,,,._.I ------" ~::Y=:t[\ / ·: " / , \ \ I I I I \ I___ I :~ ~g-•~· :i ., / / / ST\JDIO APARTMENT 3Q) CJ! wooo SLATE ® MASTER BEDROOM ©@ ~l SECOND FLOOR PLAN ... ' I . BEDROOM 2 ©Q) 1. RESTOR£ EXISTING WOOO FLOOR -F RESTORABLE OR PR0\-1DE OAK FLOORING AND SLATE FLOORING IF SHO',tJN. AS PER EAST-6T 'MNG SPEClflCATION. 2. PRO'AOE 5/8" C"13 ON INSIDE Of EX,a<!OR WALL 5 &c CEIIJNGS WTH VAPOR RETARDER &c BA TT INSULA TIOI. "ROIJIOE 3 1 /2" WOOO STl/0 PARTITIONS AS SHOWN Willi SOUND 9ATT INSlll.ATION &c 5/8" G'M3 BOTH SIDES &c BASEBOARD SIMILAR TO EAST-WEST WlNG. 3. REPAIR. PATOI ANY Pl.ASTER DEFECTS. PRIME &c PAINT. 4. PR0\-10E SA TH FlXTIJRES, WALL80ARO, TILE FLOOR &c WAINSCOT. SOME ROUGH-INS IIAY MOVE IF EXISTING. :'IXTURES &: TILES SAM£ AS EAST-M::ST 'IING SPEC:FlCA TION. 5. STAIR-RESTORE EXISTI~G WOOD TREADS &c RISERS IF RESTORA8l£. OTHER'MSE, PROVIDE OAK TREADS &c PAINTED RISERS. PROVIDE GUARORAU. ON ~CRThSlOE TO \lA-CH EXISTING. 6. EN!.ARGED OPENING. 7. DOUBLE COORS '111TH SEP ~RA TE LOCKS. S-MILAR TO ~OTEL ~c:M ? ~SSAGc: : GCRS. 8. GYP BOARD !N CLOSET, //COO FLOORING ,!c 800R. 0 ~0VIOE CL:JTHES POLO: i< SHCIES -vp 9. REPATCH. REPAIR PLASTER. ?ROVIDE 3 1/2" ,'/000 STUD PARTI;1QNS AS SrJWN WITH SOUND BATT >jSlJLA:!ON &c 5/8" GY.:,. 30. 30TH SiOES. iO. ,NSULA TE S:NTIRE C::•UNG MTH BA IT INSUL~ ~ON. ''iC'~O~ ·,.0 =CR RE-ARCS:'iS &c 5/8" GYP. BD. CEILING. ?~OVID£ (2) GAS '"RE'., -EATc'lS. 0 ~:C-.-t. clEP< 'i CONCRETE F~OOR. PRO'J!OE EPOXY "LCOR C~A nNG. 11. PROVIDE KITCHEN CA8INCTS &c APPLIANCES SiMILAR TO c~Si-h£S~ WlNG. REFRIGERATOR TO SE BY KITCHEN AID MODEL KTRS19KO. 12. WASHER/DRYER TO 5E bWTAG STACKED JN!T. PROVIDE 7LEO FLOOR &c 3~SE . !J.. PROVIDE EXTERIOR DOORS &c SCREEN DOORS SIMILAR TO EAST-\1£ST 'MNG. ~~~~ I 15. PROVIDE 4" CONCRCE ';' A8 W/EPOXY FINISH ,!c '1.00R :)RAIN ) \ 16. PROVIDE L0\11:RED WOOO FLOOR AT VESTIBUl.£ AND W. C. , \ \ 17. PROVIDE BRICK ANO BUJESTONE STOOP. < ( 18. PROVIDE PTO. GYP. 8D. IN CRA\11.. SPACE. ) )-19. CLEAN Ile RESTORE EX!SllNG WOOD BURNING FlREPLACE. \ ~~ GENERAL NOTES 1. All EXISTING DOORS TO REMAIN. SALVAGE EXISTING DOORS FOR NEW PARTITIONS PROVIDE DOORS TO WATCH AS· NECESSARY. RESTORE EXISTING DOORS. 2. All BATHS AND WCs TO HAVE FlXTURES. FITTINGS, TILING • THRESHOLDS SIMILAR TO EAST-WEST WING. 3. PROVIDE BASEBOARD HEATING THROUGHOUT EXCEPT GARAGE. CONNCT TO EAST-WEST WING BOILER. AIR CONCITlONING TO BE PRO'AOED BY (2) FAN COIL UNITS IN A me SPACE OR IN CLOSET .!c □. " PLY ANO RETURN SIMILAR TO EAST-WEST '/MIG. ALTERNA TIE: ECONOMiZEF-S '--"N"-"-1N"-"'·"-"W1·,_"'"-~ 0 BE SIMll.AR TO EAST-WEST IMNG 5. All WALLS TO BE PRiMU & PAINTED. ii. PROVIOF NFW RASFROAR!1 k 'MNOOW C:ASDIC: AS NFr.FSSARY E9 ---0 2' i 3" NOT ECJ! 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H ., ·1 } :: •_a.o,ea,,., ,.,/ . . I tH .. . .I .• ··~--·1 ,71/e,1/;v>(CL_::;_·_,;·• -·~ .,-----------➔ ··'- ; : j -• : ..... ~ •. .._: _. - I .. , l.f\-;i-_~:f t/~_-:~-- . -.--~:--.: ····:: ... - ~-·.· /"!AS'l"Z!/4' ,e.EOt<'ccY"-1 f'V17lfWJ/C-, Sov i'i-1 N,,i ,,-.::-Corr,1,·:' ,5~ ""//::?.c•t-, - _,._ _ _,__ /'6M'NE,i ,AU. J,.lC fixn~e--;1.:.E• ff,O\'IC!; N'B>/ fl1'Tt,_/!c..,N,,,_ ............... '11:-.U!II.-,_..._,._ ... - min- 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, CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 . Minnesota, and has full knowledge of the facts setback and hardcover variances within the h'ch e stat d b I . 0-75' setback area to allow the reconstruction N I ar e e OW· of a lakeside deck and new construction Phone (612) 473-7357 Fax 473-0510 NOTICE involving a lower level screened porch. These improvements also _involve the A ) The newspaper has complied with all the removal of approximately 7 cubic yards of fill • 7un5~ofrtlhheelakexeis_ting deck 1M:t is located_ wit hin r, equirements constituting qualifications as a The Planning Commission will hold public sarings in the Council Chambers at 2780 8. #2050 William Toles of 3165 North ~ualified newspaper as provided by Minnesota elley Parkway on Monday, August 21, 1995, Shore Dnve seeks approval of an average ' Ie meeting commences at 7:00 p.m., on the lakeshore setback and hardcover variances Statute 331 A.02 331 A.07 and other applicable 1atter of reviewing the following land use within the 75-250 ' setback area to allow ' ' pplications : •. . . construction of a grade level pool and patio laws as amended 1. #2039 Wally and Sharyl Carson have area to the lakeside of the residence. ' • , ' led a conditional use permit to allow the . 9. #2054 Tony Eiden Company has / dJ_ /4 ~ ~ ,,d 1stallation of a decora.tive pond at the applied for a conditional use permit to allow (]fl /1 orthwest corner of the undeveloped lot filling of approximately 500 to 600 cubic B.) The printed ~,o . f Cfo~r!u 1cated at 301 O Somerset Lane involving the yards to fill to allow construction of a walkout · --~ ....... ----~ ....... ~ ........ -,,~ ............. ......_.'"'-'u.:c.- !moval of approximately 1,650 cubic yards on the property located at 2700 Countryside f fill. Drive West. · . • · . , .. 2. #2042 Thomas· Frank of 1233 Briar · 10. #2055 Tony Eiden Company tias filed------------------------ ,treet seeks approval of a lakeshore setback for variances that would allow entrance nd average lakeshore setback variance for monuments to be installed at the properties which is attached was cut from the columns of said 1e installation of a deck at the lakeside of located at 2800 Countryside Drive West -and 18 property . The property is located on the 2425 Thoroughbred Lane that would exceed newspaper, and W'S printed and published once horeline of French Lake, a natural the allowed height of retaining walls within a nvironment lake requiring a 150' setback for street yard and a variance to the allowed 3ach week for successive weeks: II structures . area. for signage for a -residential 3. #2044 George E. Olson , the owner of development. . 775 Shadywood Road, seeks approval of 11 . #2056 Michael and Barbara Wigley of ardcover variances within the 75-250' 1035 Tonkawa Road have applied for a etback area for an addition to the lakeside of conditional use permit to allow the installation 1e existing residence. · of retaining walls within their lakeshore yard . 4. #2045 John Steinmetz of 1155 Brown 12. #2057 James Nystrom of 1745 load South seeks approval of street yard Concordia Street has applied for a lot width,., etbacks for a 6 'x13' addition and roofed side yard setback variance, hardcover ,orch lhat will be constructed along the entire variance within the 75-250' setback zone and ixterior of the residence. · lakeshore setback and hardcover variance 5 . #2046 Lakeview Golf located at 405 for a deck within the 0-75' setback area to Jorth Arm Drive has filed a conditional use allow construction of a new residence. 1ermit to allow construction of a 45'x100' 13. #2058 Ron Rantz/Autografs Inc. filed :torage building and a variance that would ··for approval of a commercial site plari and 1llow a 4,500 s .f. oversized accessory 1 . rear setback variance for construction ·01 a It was first published Monday, the · Z hf day of {lilj,'J 191/,i_, and was thereafter printe ~nd published every Monday, to and including Monday, ,tructtJre where the code would only allow a two story office building · t_o house the • the 1,000 s.f. structure . The comprehensive . • corporate headquarters of Autographs Inc. at • ----day of _________ 19 ___ ; 1pplication also includes a conditional sue · ... the property locateQ.at 2525 Shadywood & \ ~ :ubic yards of earth foe the purpose of • . All persons . wishing to be heard will elocating fairways 15 and 16 . The land appear at this meeting. Written comments ,ermit for land alterations involving 1,800 · • Road. •. ..· · ·' · :·,:-., · '· (h~ 1lterat ion project will not involve exporting to are solicited. Plans are available in the City .- ill to th e site. · Offices for review, by appointment. • Authorized Agent 6 . #2048 James and Joann Jundt, 1440 · 3racketts Point Road, have filed for a City of Orono . • . :onditional use permit to· allow a studio By: Planning Commission 1partment within an oversized accessory · · •· ,tructure on the property that already Jeanne A. Mabusth :ontains a two story guest house, caretaker Building & ~oning Administrator · ,ubscribed and sworn to me on this 1partment and greenhouse. · 7 . #2049 Fred Guttormson and Chic (Published in The Laker and Pioneer Aug . 7, )wight of 1220 Tonkawa Road seek approval 1995) · .. if lakeshore setback. averaQe lakeshore By: Rate nor (1) Lowest classified rate paid by commercial users for comparable space: $11 . 72 per inch. lie (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 Hear i ng concerning the matter of #2048, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 4th day of August, 1995. Jamie~ CITY OF ORONO 2750 Kelle y Parkway, P.O. Box 66 Crystal Bay, wfN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, August 21 , 1995, the meeting commences at 7:00 p .m., on the matter of reviewing the following land use applications: 1. #2039 Wally and Sharyl Carson have filed a conditional use permit to allow the installation of a decorative pond at the northwest corner of the undeveloped lot located at 3010 Somerset Lane involving the removal of approximately 1 ,650 cubic -yards of fill. 2 . #2042 Thomas Frank of 1233 Briar Street seeks approval of a lakeshore setback and average lakeshore setback variance for the installation of a deck at the lakeside of the property. The property is located on the shoreline of French Lake, a natural environment lake requiring a 150 ' setback for all structures . 3. #2044 George E. Olson , the owner of 2775 Shadywood Road , seeks approval of hardcover variances within the 75-250 ' setback area for an addition to the lakeside of the existing residence . 4. #2045 John Steinmetz of 1155 Brown Road South seeks approval of street yard setbacks for a 6 'x13' addition and roofed porch that will be constructed along the entire exterior of the residence . 5 . #2046 Lakeview Golf located at 405 North Arm Drive has filed a conditional use permit to allow construction of a 45 'x100' storage building and a variance that would allow a 4,500 s.f. oversized accessory structure where the code would only allow a 3 ,000 s.f. structure. The comprehensive application also includes a conditional use permit for land alterations involving 1,800 cubic yards of earth for the purpose of relocating fairways 15 and 16 . The land alteration project will not involve exporting of fill to the site. 6. #2048 James and Joann Jundt, 1400 Bracketts Point Road , have filed for a conditional use permit to allow a studio apartment within an oversized accessory structure on the property that already contains a two story guest house , caretaker apartment and greenhouse . 7 . #2049 Fred Guttormson and Chic Dwight of 1220 Tonkawa Road seek approval of lakeshore setback , average lakeshore setback and hardcover variances within the 0 -75 ' setback area to allow the reconstruction of a lakeside deck and new construction involving a lower level screened porch. These improvements also involve the removal of approximately 7 cubic yards of fill under the existing deck that is located within 75' of the lake . 8. #2050 William Toles of 3165 North Shore Drive seeks approval of an average lakeshore setback and hardcover variances within the 75-250 ' setback area to allow construction of a grade level pool and patio area to the lakeside of the residence. 9. #2054 Tony Eiden Company has applied for a conditional use permit to allow filling of approximately 500 to 600 cubic yards of fill to allow construction of a walkout on the property located at 2700 Countryside Drive West. 10. #2055 Tony Eiden Company has filed for variances that would allow entrance monuments to be installed at the properties located at 2800 Countryside Drive West and 2425 Thoroughbred Lane that would exceed the allowed height of retaining walls within a street yard and a variance to the allowed area for signage for a residential development. 11. #2056 Michael and Barbara Wigley of 1035 Tonkawa Road have applied for a conditional use permit to allow the installation of retaining walls within their lak:eshore yard. 12. #2057 James Nystrom of 1745 Concordia Street has applied for a lot width, side yard setback variance, hardcover variance within the 75-250' setback zone and a lakeshore setback and hardcover variance for a deck within the 0-75' setback area to allow construction of a new residence. 13. #2058 Ron Rantz/ Autografs Inc. filed for approval of a commercial site plan and rear setback variance for construction of a two story office building to house the corporate headquarters of Autografs Inc. at the property located at 2525 Shadywood Road. 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. e,eanne A. Mabusth ' --<-;;; ?{ · Building & Zoning Administrator To be published the week of August 7, 1995. f! H e:;~;72,;r ~' ;, 7/J'.,,, l:::'¥~".£':.z:) ·,,o,,,;' . . . . CITY of ORONO'" Municipal Ollices Post Omce 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 Construction Company, '.Midwest Division 8625 Rendova Street Address Ci;rle Pines 55014 City State Zip as stated above. IBLEPHONE-481-!357 • FAX-473--0510 786-77ll Phone HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CffiCLE ONE) 0 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE •-/~"'.y.._:: A. House X = 196 S.F. Boat Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = 525 S.F. Stone Steps X = S.F. E. Patio/Deck X = 245. 5S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOT AL HARDCOVER IN ZONE 966.5S.F. A TOTAL PROPERTY AREA IN ZONE l30l834 S.F. B A 966.5 B 130,834 X 100 = 74 % PROPOSED HARDCOVER IN ZONE A. House X = 196 S.F. Boat Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. ) D. Sidewalk X = 525 S.F. Stone Steps X = S.F. E. Patio/Deck X = 187 S.F. Pathway X = 160 S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other Retaining Wall X = 30 S.F. TOTAL HARDCOVER IN ZONE 1,098 S.F. A TOTAL PROPERTY AREA IN ZONE 130,834 S.F. B A 1,098 B 130,834 X 100 = .84 % 11 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 5 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C-2) AND SECTION 10.23, SUBDIVISION 6 (B) FILE #2010 WHEREAS, James 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 follows: Refer to Exhibit A attached hereto (hereinafter "the property"); and W"HEREAS, the applicants have made application to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C-2) and Section 10.23, Subdivision 6 (B) to permit structural repairs to an oversized accessory structure that is located 4' from a side lot line where a 30' setback is required and approval of a variance that would allow structural improvements to an oversized accessory structure at 5,478 s.f. where only a 3,000 s.f. structure would be allowed. ' NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Fll\1DINGS 1. This application was reviewed as Zoning File #2010. 2. The property is located in the LR-lA, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13. 8 acres. 3. The Orono Planning Commission reviewed this application on April 17, 1995, and recommended approval of the variances as proposed based on the following unique findings and hardships: Page 1 of 7 Ftfflt 5005 Disk Orone CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 5 8 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. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the unique findings and hardships, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C-2) and Section 10.23, Subdivision 6 (B) to permit structural repairs to the nonconforming oversized accessory structure that does not meet the required side yard setback or allowed area for an accessory structure, subject to the following conditions: 1. The City has approved these structural improvements to the guest residence with the understanding that the applicants will either install a conforming on-site septic system or connect to municipal sewer during the 1995 construction period. The City once again notes the letter from Thomas Crosby, Jr., applicants' attorney, Page 2 of 7 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 5 8 dated March 7, 1995 confirming applicants' willingness to comply with the septic standards set forth in the Shoreland Regulations of both the City and State Department of Natural Resources. 2. 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 (May 8, 1996). 3. 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. 4. 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. Adopted by the Orono City Council on this 8th day of May, 1995. ( ' ·"" I' /11 I ]//, Cct~· }'.-l/41~ 0 7~ Edward J. Callahan, Jr., Mayor l Page 3 of 7 form 5005 Disk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 5 8 The foregoing instrument was acknowledged before me on this 8th day of May, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDAS. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31 , 2000 Page 4 of 7 ~~_//.~ Notary Public FOffll 5005 Disk Onw STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 5 8 On this ;s-1:.ll day of ,Mo~ , 199 s" , before me a Notary ~blic within and for said County, personally apeared /Yl a_ry ,1canvJ Juad±:, /h q /','r ·e,../ known to me to be the person(s) described in and whd executed the foregJing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this £-tJf:-day of_~~-L-¥--""'----r-+-- within and for said County, perso y appeared _4::d.l-rt'A~-:e..__:r::,_.!.._-A':ILJf£..J..LJ..~a.t.~",/G/...J:...!L known to me to be the person(s) described in and o executed the acknowledged that he (they) executed the same as his u MARY LU RANKIN STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. .· NOTARY PUBLIC-MINNESOTA / MY COMMISSION EXPlAES 1·31·2000 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 6 Form 5005 Oisll Orone CITY of ORONO RESOLUTION OF THE CITY COL?iCIL NO. 3-:,5 5 8 ~ A .. l~o: th~,: :;>-...rt. o!. lr;1-e 9 ~d 10, ?..fja.."r~_ge~~r~~ rJf t'}rcr.:""J ~r;i:1t ~~ \.ri•e a...:.:\:.-.·-:t:.Ou,·~ tlv::t·:-:L,..i l:ti;,i S~·i..1~L·.o~·lY o .. :r,ci. ]~~t.!;t' ~".t' .~! !:.r~ ~,:.,l .:w i::g <l.e!t:':."~bt::<l linr.:: Cc..:.::.r:mcing c.i.. a. ;,-,i.r:.t :.~ th~ Cf:nt~!"2.i::1; r; Ct-=: tt:r-A•,i:r:u1; 583. :95 f ~et. r.c-rt::.e"dy fr::;,o t.::e SrJrtb,.~,r..-;:-2.Y :::c?:';le'!" nf le): .';, f.et.r'!"'!;..~..£":t::tr.t ot: Orcr.o Point: t:-..,<:r:'.:~ eouther-.i.y .;:.2.cr-.,2 e~Ld. c1::rrt~r lir1r': t!. di.!"tl:.n.Ce of 5 f f:~t; ther.c.t:-~l"'JUth~~tte~ l~/ c:: i!. t~..i~!'l.tl..1:..i. curve to th~ r.i.~ht. ~i'th !.l. r!!.<lius oi 2~1. li :-:"::'t ,:. d:.e- :.-!:.!':ci;: (;! U39 •. 38 f,;,;;t: thence srJuthHP.8U?"'lY t.~"".a;P.nt -::r; th.id. l~r. d~sr.:-H;r::rl r;u...•r•vf: ,.,_ <li~"r.ll .. rn::e (Jf 5 feet; thf:!!':C"; S(JUthwet.:t.-:r-lY on e. t~,"'.~~r-.7..:1:.i ~!.l!""'lf': t6 i(Lf.: r-i~"lt )j. r~di~ of 4.~.';e 72 :~-::~ ~ rli.5tli!;(..;f:: (..i: ~ 19. 25 f .-:~~; thenc~ sc, .. ::~hwe~t~r l;; !.-t..r.;:i4:-:: ~ ":r"; s,;.,ld l~-:, (lf::- er.rt:.~<l r;,;.::-w: -'.:. dist~ct: of. 107. 3 feet; t:r.~r..Zf.: ;.;.-;~'t-¢!' l:t :::r-Y.i::-..z en ~..zl~ r;f 44 dr::~c~.e 42 t::!.nuteis to thi; '!"ii'.::.~ ::. rliet)jn,:;.-:: ci 79. 3 ftet. s:.r; th~ ehor-e of. Lc.ke Minr.etor-~ .md -:.:--~:-e te:-:::ine-::.::::.g; aub- jec~ '!.t; &ir-cer AveriJJ.': M O~Md. by lX1<,"J1tll':~-:. ;-.r.i. 20SV386; Al.:,,:, the.t :;::a,r"t of Y~cated ~n!.t::'!" Avf!nu.e c..: e~id !Anti~:-Av~nu~ w~ d~diC4~t:d to th~ t~blic in the ~lat~! ?.e~r~~'>'J.Se~en~ of Orono .?".li::.t., lying eom.::.1!:rlY of the W-!!eterly·· ~:t";P.:!:~ion o! t!':f:: nortr..er-lY ~ir~~ of. G?t 4. eaid RF.iar't"t.mge?:.ent ~d 0-ror..o ?~int a.':.d r.r;r-1;.h~rly o: f.:. li.::.<= tlt.r,.wn '><E:eti;rly ~r;icndkul~r t,t; t,h,~ · ... eet li~e <';! s1:id Lt.Jr; 4 :::::·r.=:: -1 ?'Jir.:r.. ,J::: ~~id ;..r::st line diete.:r.t le2. 29 foet ;:.r.r:·-:h.-::-li' trr;~ th~ eou~!"';~~st ~~-cn~r 6i ~~ici Wt 4: ~leo ~~~~ ?'1r~ o: ~~~ "~!~t~ly "r.t:.l.: ci vt.c~tl':d v.:nt"!r Aver:.u.; lying er;utr.<:::"!.'l o! e~~d r:.~XNP: rfo- ecr'i~d Mr-,..:,,ndi~ul~r l~~~; 6.!:<l. ~leo thh.~ ;:--...:t Qf the ~~e~~~ly ri...,~l:: ut \1 U)~t~(l C-cnt~!: t-... v~nue lyir-6 t:Drt!:.':~ ~Y cf. t=:= ~~~a:.~-:--ly e~- te:--.sion of th~ r.ot"'~h~rly lin.~ oi s~id (/;--:, ·4 e.:cd lyi·:1~ ~t";1.!~hr,rly ct. ~ li:=.t:t ~~l."n e~!.erly a.t ri~~t t.tr-2les 1to -:.:-_~ w~cet,;rLY ,3.,.i:::--; o: e.aid va.c~~e<l C!:ntl':~ Avenue i~,: ~he peint of ~~~~:-el':ction o: taid w~st- :!:r-1..y li.:1~ -.it!'l. b.. li:::~ d.re..m 10 !!3~t e~.s-ce:-~y r;i the :ollcwi':"...g de- ec~!~ci. li:c.e: ~~ci~ tJ.t ~ ;Qint :..n t!""...;' ~e:-rt~rl ine ct eeid. C-6:r.- ~er Aver:!:!e die~a.~t 5S8.S5 i~~t northe~iY =~~ th~ no~~~~e:t~~ly CO!"!':.er ot .,~id Lat 5: tht::~ce eouth.eriy a.1..~~-2 e~id ce~te~lir'~ a d.i~u.nc:'! oi 5 feet to ti:.t: p:ii..'"lt ot c,r;,gir.r:.:.~ ot thia l::..r'.e c,,,;ing d.e- ec:-i~d.; thence eouth•,.ea-i:~rly alor.i ~ t.:r.g~.":.ia.l curv,:, to -:;,::,e t!g...,_t wi'th ~ radiu~ t;! 221..17 fee't ~ d.Ls"t.e..:-,..e oi l6S.:2a ie-:~. ~c. ~~id lir:..~ th~re ~n<lir.a:. 1 Page 6 of 7 Aleo and ac:--css ~hich li~~ CITY of ORONO RESOLL"TION OF TBE CITY COL~CIL NO. 8: 55 8 o: vac!..ied Ecrde~ Ave~ue ~~ l.:.!.C. ou~ ~C:. d.ed!=~ttd. over i;-.e.rt of Le: 9 in ~aid Rearre..~g~=~nt o! 0::-o~o ?oi~: bei~een :~e we:terlY line of :~id ~~n:e~ tver.u~ c...~d ~ drawn ac!"'::i~~ ~aid 3orde~ Avenue ~t ~~&::t ~...;l~s ~o the ~ide l ir.e!! of said .::o~e!" Avenue :~c= c::~ ?Oi~~ ct: i::: . .:;-r~ec~:cr. o: t:-..e c-,n~~r-lintt o:: eAlci &l:-ci.er-Avenue with c. l::.::e c.e~c::-.i,~j .'la !~l-: lo~e: Ee~:r-~ir& ~~ ~ ;,oi~~ i~ th~ con~e~l:~~ ot o4id ~nt-e~ AY- en~e di~t.ant 58B.9~ t~~t r.o~therlY of the ~o~~~W~6~ CC':""':"'~r o: ~aid Lcrt 5: ":.hence eou-:her-ly ale~ the cent.er-li:r.e oi ::de. ~nt.e:-Avenu~ -'1 di~1:.sr.(;e of 5 !eet: ':.l::e!".c~ eo,1th,.,:-ly o.nd eouttweate:-ly alor:g o. ta....,.....,i:en1:.:.al c~~e !.O t~e ~ig,ht with a ~adi1..ts of zz:. l i feet ~ ci!.,- ta.nce of 169 . .38 fee-:~ thence ~outhwest~rly t.a.~gen: to l~~~ ,~id curve a distance o: 5 feet; the~ca aouthwe~terly along a :ar4er.- ti~l curve to the ~igh~ wi~h a radiua of 44o.72 feet a dis~ar.ce of 119.~ :e~t; thence eouthwe,~~ly t~ent to l~~t ~aid c<~!"'le d di~t.:.r..ce cf 107 . .30 :eet: thence ecuth~e~te~lY ~lor..g ~ t.!.."'.$enti~l c-..:...-,e to the left ~ith ~ radiU!l of 56 !e-e~ a diBt.!..~ce of 19.7 fe~t; t~er.ce southerly tar.gent to la~t aa:c curve e ctiata.r.ce of 6.S :eet; thence eoutherly along~ t,!.l'lgecti~l cu_-,,e to the le!t Witt a :-~di~ of 169.7 feet~ di.st.a.nee ct 53.9 feet; thence :oi,tr.- erlY tangent to last deecribed curv~ ~ d:~tMce o: 20,5 f~et: t~ence eou-therly on a tange!'ltial c-,1!'Ye to the le!t -:.:i th a radiua o! 78.l feet to its intersection with the c~nterline of aaid 3cr- de!"' Ave~ue, Md e~id. line-ther1: endiru:._ page 7 of 7