HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
APPLICATION NO.1992
NOTICE OF COUNCIL ACTION
Date of Notice: 3/24/95
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TO: Mr. & Mrs. James Jundt COPIES:
2200 Huntington Point Road
Wayzata, MN 55391
Kraus-Anderson Construction Co.
Midwest Division
8625 Rendova Street NE
Circle Pines, MN 55014
ATTN: Scott Crawford
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TYPE OF APPLICATION: Variances/Conditional Use Permit
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DATE OF MEETING: 3/13/95 VOTE: 5 FOR 0 AGAINST
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COUNCIL ACTION -MOTION:
To approve the resolution as amended at the request of your building contractor. Please note
condition 1 of that resolution has been amended to adjust deadline and date for restoration of
groundcover to be completed by June 1, 1995.
Please arrange to sign the three 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.
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1\-IINUTES OF THE REGULAR ORONO CITY COUNCIL
M::EETING HELD ON MARCH 13, 1995
(*#7) #1990 ROBERT \V. CARLSON, 710 GANDER ROAD -VACATION OF
EASE:MENT -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 JA.1'\1.ES AND JOA.1'& JUNDT, 1420 BRACKETTS POINT ROAD -
CONDITIONAL USE PER.t\-IlTN ARIANCES -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 allow for major repair of an oversized accessory super structure to include replacement
of the upper portion 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 0-7S1 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 nonconfonning
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 IO' 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 May 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
MlNUTES OF THE REGULAR ORONO CITY COUNCIL
1\-fEETING HELD ON MARCH 13, 1995
(#8 -#1992 -James and Joann Jundt -Continued)
Mabu.sth 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 Point Road and County Road 15, where an
injector station could be installed to discharge inro the forcemain sewer heading towards
\Vavzata. Tue new sepcic systems must be installed in 1995 construction period if
se\;er is not aonroved for property. It was noted chat a certificate of occupancy wiil be
granted in the near future.
!vir. 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 I 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. &
?vfrs. 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 with 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
M:r .. Perl was not present. Mayor Callahan tabled Application #1996 to the next meeting
of the Council. Staffwi1I advise applicant that action will be taken at that tinie whether
or not applicant is present.
(#10) #1997 SALLY AND JONATHAN LEBEDOFF, 1101 FERNDALE ROAD
\VEST -V ARIA.""'f CES -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 tbe'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 9<Y'/4 area variance and a 75%
width variance. The structure is located at a sub-standard lakeshore setback:, 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 1 O is required,
needing no variance. The property is also encroached by the flood plain at 931.5
elevation
4
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: March 9, 1995
ITEM NO.:
Agenda Section:
Zoning
Item Description: #1992 James and Joann Jundt, 1400 Bracketts Point Road -Conditional Use
Permit/Variances -Resolution
Zoning District: LR-lA, Lakeshore Residential Zoning District requiring 2 acres in area. The
property consists of 13. 8 acres.
Please refer to enclosed staff memo dated 2/9/95 for a listing of the pertinent ordinances that
remain unchanged.
Review of Amended Plan per Planning Commission Recommendation
Pertinent Ordinances
Section 10.22, Subd. 2 -Hardcover within the 0-75' setback area.
0-75' setback area = 110,243 s.f. (20,591 s.f. of public road area has been excluded
from setback area as area cannot be credited as buildable area per Section 10.02,
Definition 34 -Lot area. The area of a lot in a horizontal plane bounded by the lot lines,
but not including any area occupied by . . . area which has been dedicated as public
right-of-way).
Existing = 966.5 s.f. or 0.80%
Proposed = 1,098 s.f. or 0.90%*
*160 s.f. of a paved 4' walkway to lakeside deck at southeast corner of property and 30
s.f. of an existing retaining wall to be restored and not included in original hardcover
facts.
75-250' setback area = 317,893 s.f.
Existing ==-.J.9,923 s.f. or 15.7%
Proposeu = 55,163 s.f. or 17.35%
Incri;;.::tse results with 5,240 s.f. of new service drive hardcover originally proposed as a
grass drive.
Additional Exhibits
N -Adjusted hardcover inventory for 0-75' setback area
0 -Amended site plan
P -Crosby Letter 3/7 /95
Request for Council Action continued
page 2 of 4
March 9, 1995
Zoning File #1992
Brief Review of Application
Please refer to the staff memo dated February 9, 1995 and the minutes of the February 22nd
Planning Commission meeting for more detail and background on this review.
The current application involves major structural repairs to the 59'x26' greenhouse addition at
1,534 s.f. in area. The greenhouse is part of a larger oversized accessory structure totalling
5,478 s.f. in area. The existing foundation and walls shall be retained and the upper portion of
the structure to be replaced with a new aluminum and glass super structure. The existing brick
foundation arid walls shall be repointed and new brick veneer placed over existing masonry walls
on the south side of the greenhouse structure. As noted in the factual findings of the memo of
February 9th, the greenhouse is located 50' + from the public road and 80' from the side lot line
and meets all required setbacks. The accessory structure was formally recognized by the City
in October of 1993, review Exhibit G, as a nonconforming structure because it exceeded the
allowed 3,000 s.f. in area for an accessory structure. The structure now considered a
nonconforming structure would require variance approvals anytime structural repairs were
proposed.
The detached accessory garage at the east lot line shall also receive major structural repairs
consisting of new roof, new doors, replacement of wood facia and rafter details. The garage
does not meet the required side setback of 15' and will require variance approval for structural
repairs.
The walls running along the e2st and south lot line shall also be repaired or replaced. The walls
located within the side yard (50' in from the street) are 6' in height and would not require
approval of a variance. The entrance walls located 50' + from street and at 6' in height will also
not require a variance approval.
A conditional use permit and variance have also been filed to permit the reconstruction of
retaining walls at the underground entrance to the greenhouse located within the 0-7 5' setback
area. Walls support the banks of an underground tunnel that provides the only exterior access
to the lower portion of the greenhouse.
The O .10 % hardcover increase in the 0-75' setback area reflects the 30 s. f. of retaining wall not
included ir, original calculations and a 160 s.f. of a paved path providing access to the lakeside
deck/stair structure approved in 1993, refer to Exhibit J. Survey/site plan of 1993 revealed the
path but hardcover facts never reflected the new hardcover proposed. The path was originally
shown at 8' width and was constructed at a 4' width. In the original application presented to
the Planning Commission, there was 250 s.f. of additional hardcover in 0-75' for a 10' wide
access drive originally shown on your improvement plans, Exhibit J, as grassed drive with an
underlying gravel bed that would not have been considered hardcover. Planning Commission
Request for Council Action continued
page 3 of 4
March 9, 1995
Zoning File #1992
found no acceptable hardship to allow a new curb cut on the public roadway. Applicants had
agreed to originally install a grass drive and also have an option to relocate a connecting drive
from the main access drive out of the 0-75'. Applicants have submitted an amended site plan,
review Exhibit 0, that shows the 10' drive being removed and replaced with a grass lawn.
In the original hardcover facts presented to the Planning Commission, hardcover in 0-7 5' was
shown at 16% +. This resulted with the inclusion of the 20,591 s.f. of public road area.
Hardcover improvements in the 0-75' are actually at less than 1 % . The code does not allow the
area of public roads to be included in buildable lot area facts.
Planning Commission members found acceptable hardships to allow the repair of the Jundt' s
retaining wall at the only exterior access to the greenhouse. As for the paved pathway from the
lake deck and stairs, they found the path had been installed at a 4' width which met the standard
for access stairs or access ways for lakeshore lots with steeper topographies also noting that a
paved path had been shown on original plans and at an 8' width.
The structural repairs to either the greenhouse addition of the oversize accessory structure and
the detached three stall garage did not involve the complete replacement of the structures and
involved structural/cosmetic repairs to existing portions of structure.
Planning Commission Recommendation
The Planning Commission recommended unanimous approval of the application as amended
excluding the paved drive within the 0-75' setback area based on the hardships noted above,
subject to the following conditions:
1. Removal of the 10' wide paved drive within the 0-75' setback area must be
removed prior to City's issuance of building permit for restoration of structures.
Groundcover must be restored to the disturbed area no later than May 15, 1995.
2. Applicants to provide written confirmation of a date when the new septic system
serving principal structure and detached caretaker residence is to be installed.
The applicants' attorney has been advised that sewering Bracketts Point would require a Comp
Plan amendment. The Bracketts Point neighborhood was found to have adequate and suitable
areas for septic expansion and was classified as the lowest of the defined ten hot spots as to the
need for sewer. The issuance of the original building permit for the repairs to the principal
structure and caretaker residence was conditioned on applicants agreeing to install a new septic
system once the City had resolved the issue of potential sewering of the area. A temporary
certificate of occupancy has been issued for the principal residence and the City granted a
conditional use permit for the continued use of the caretaker residence. It is imperative that a
new system be installed during the next construction period for 1995.
Request for Council Action continued
page 4 of 4
March 9, 1995
Zoning File #1992
The enclosed approval resolution has been drafted per the Planning Commissions unanimous
recommendation of approval.
COUNCIL ACTION REQUESTED:
To either adopt or amend the enclosed approval resolution.
Addendum: The City is in receipt of a letter dated 3/7 /95 from Thomas Crosby confirming that
applicants will install septic system during construction period of 1995 if they are unable to
connect to municipal sewer.
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h_
ORONO PLANNING COMMISSION MEETING
MINUTES FOR FEBRUARY 22, 1995
(#3) #1992 JAMES AND JOANN JUNDT, 1420 BRACKETTS POINT ROAD -
CONDITIONAL USE PERMITN ARIANCES -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 0-75' 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 0-75' 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 1 0' 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 COlVfMISSION 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 vlN 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 105 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 VARIAN CE -PUBLIC HEARING -
8:55 -9:05 P.lVI.
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 corner. The roof
line has been expanded in the substandard side setback requiring variance approval.
7
CITY OF ORONO
P.O. Box 66
ZONING FILE #1992
NOTICE OF PLANNING COMMISSION
ACTION Crystal Bay, MN 55323
473-7357 DATE OF NOTICE: 2/28/95
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TO: Mr. & Mrs. James Jundt COPIES TO: Kraus-Anderson Construction Co.
Midwest Division 2200 Huntington Point Road
Wayzata, MN 55391 8625 Rendova Street NE
Circle Pines, MN 55014
ATTN: Scott Crawford
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TYPE OF APPLICATION: Variances/Conditional Use Permit
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DATE OF MEETING: 2/22/95 VOTE: 4 FOR 0 AGAINST
Planning Commission recommends the following:
Planning Commission recommended approval of the following variances for the comprehensive
improvement of accessory structures on the property as follows:
1. Approval of setback variances to the oversized accessory structure code that
would allow structural improvements for structures that either do not meet the
required setbacks of the LR-lA Zoning District or that do not meet required
setbacks for oversized accessory structures.
2. Approval of lakeshore setback variance and a conditional use permit for the
restoration of retaining walls located within the lakeshore protected area.
3. Hardcover variances approving 160 s.f. for a paved 4' walkway providing access
to the lakeside deck at the southeast corner of property and 30 s. f. for retaining
wall to be repaired within west lakeshore yard and denied the hardcover variance
of 250 s.f. for the 10' service drive installed at west shore protected zone. The
Commission found no acceptable hardships finding that the service drive could
have been installed from the existing main drive that serves the principal
structure.
Applicant has agreed to submit an amended site plan and hardcover inventory reflecting changes
per the amended proposal. Applicant is also asked to submit a written statement confirming a
date for the installation of septic systems on the property that will serve the principal structure
and the other to serve the guest house/caretaker/greenhouse structure. Please see that 14 large
scale prints are submitted for the Council packets as the City is not able to reproduce the large
scale drawings. Per our recent conversation with Kraus-Anderson, it was agreed that this
information would be submitted no later than Monday, March 6, 1995.
Applicant's next scheduled meeting is confirmed at the City Council on March 13, 1995. The
meeting starts at 7:00 p.m.
Please contact Jeanne Mabusth (473-7357) if you have any further questions concerning the
review of your application.
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To:
From:
Date:
Subject:
Chair Schroeder and Orono Planning Commission Members
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
February 9, 1995
#1992 James and Joann Jundt, 1400 Bracketts Point Road -Conditional Use
Permit/Variances -Public Hearing
Zoning District: LR-lA, Lakeshore Residential Zoning District requiring 2 acres in area.
The property consists of 13. 8 acres.
Pertinent Ordinances
1. Section 10. 03, Subdivision 19 -Conditional use permit required for restoration of
retaining walls within lakeshore protected area.
2. Section 10.22, Subdivision 1 (A) -Retaining walls supporting underground entrance to
greenhouse to be replaced at approximate 6' height and are located within the 0-75'
setback area.
Required = 7 5'
Existing = 45'
Proposed = 45'
3. Section 10.03, Subdivision 9 (C) (2) -Variance to oversized accessory structure code.
Allowed = 3,000 s.f.
Existing = 5,478 s.f.
Proposed = 5,478 s.f. (59' x 26' greenhouse addition* to be restored consists of
1,534 s.f.)
* Greenhouse addition is located 50 +' from public road and 80' from side lot
line.
Variance required as major structural improvements are proposed for a major part
of the oversized accessory structure.
4. Section 10.03, Subdivision 9 (E) -Accessory structure in excess of 750 s.f. major
structural improvements are proposed. Structure is located at a substandard setback.
Required 15' from side lot line
Existing = O'
Proposed = O' *
* Structure is located 50 +' from public road.
Zoning File #1992
February 9, 1995
Page 2
5. Section 10.22, Subdivision 2 -Hardcover within the 0-75' setback area.
0-75' setback area = 130,834 s.f.
Existing = 21,557.5 s.f. or 16.47%
Proposed = 21,939 s.f. or 16.76%*
* 250 s.f. of 10' service drive originally proposed as a grassed drive.
160 s.f. of a paved 4' walkway accessing to lakeside deck at southeast corner
of property.
30 s.f. of retaining wall to be repaired and not included in original hardcover
facts.
75-250' setback area= 317,893 s.f.
Existing = 49,923 s.f. or 15.7%
Proposed = 55,163 s.f. or 17.35%
Increase results with 5,240 s.f. of new service drive hardcover (original grassed
drive).
List of Exhibits
A -Application
B -Plat Map
C -Property Owners' List
D -Description of Request
E -Hardcover Inventory, 0-7 5'
F -Hardcover Inventory, 75-250'
G -Resolution No. 3343, File #1868
H -Elevations-Garage/West Elevations Wall and Greenhouse
I -Elevations-North and South Greenhouse
J -Original Survey for Application #1867 Reflecting Path to Dock Area
K -Resolution No. 3342, File #1867
L -Floor Plan-Greenhouse and Garage
M -Survey/Site Plan Reflecting New and Existing Hardcover Improvements
Review of Previous Application
In October of 1993, applicant received approval of three comprehensive land use
applications dealing with caretaker apartment within the principal structure (#1966), hardcover
improvements within the 0-75' setback area involving a third access stairs with lakeside deck
(#1967) and conditional use permit and variance application involving the large accessory
structure on the property dealing with a conditional use permit for the use of an existing guest
house apartment and a variance to the existing oversized accessory structure (#1968). In April
of 1994, the City granted variances (Application #1907) for the repair of existing access paths
within the 0-7 5' setback area on the east shoreline.
Zoning File #1992
February 9, 1995
Page 3
The current application involves major structural repairs to the 59' x 26' greenhouse
addition connected to the oversized accessory structure totaling 1,534 s.f. in area. The existing
foundation shall be retained and the upper portions of the structure to be replaced with a new
aluminum and glass upper structure. The existing brick foundation shall be repointed and new
brick veneer placed over existing masonry walls on the south side of greenhouse structure. The
structure shall be at approximately the same height. As already noted above in the factual
findings, the greenhouse addition is located 50+' from the public road and 80' from the side
lot line and meets the required setbacks. The oversized accessory structure was formally
recognized by the City in October of 1993, review Exhibit G.
The detached accessory garage at the east lot line shall also sustain major structural
repairs consisting of a new roof, new doors, replacement of wood facia and rafter tails. The
walls running along the east and south lot lines shall also be repaired or replaced. The walls
located within the side yard (50' in from the street) are 6' in height and would not require
approval of a variance. The entrance walls located 50+' from street and at 6' in height will also
not require variance approvals.
The application also involves the reconstruction of a retaining wall at the underground
entrance to the greenhouse located within the 0-75' setback area where no structures are allowed.
The wall supports the banks of an underground tunnel that accesses beneath the greenhouse.
Retaining walls are proposed at 30 s.f. reflecting no change in hardcover.
The .29% increase in the 0-75' hardcover inventory reflects the 30 s.f. of retaining wall
not included in original calculations, a driveway originally proposed as a grassed drive at 12'
width (refer to Exhibit M) at 250 s.f. and 160 s.f. of a pathway providing access to the lakeside
deck/stair structure approved in 1993, refer to Exhibit J. The survey/site plan of 1993 revealed
the path but hardcover facts never reflected the new hardcover proposed originally at an 8'
width.
Statement of Hardship
The hardships set forth in the resolutions for Applications #1867 and #1868 are applicable
for the current review.
Issues for Consideration
1. The original survey for Application #1867 reflected an 8' paved path to the dock at the
east shoreline, portions of which are located within the 0-75' setback area. Does this
information have an impact on your recommendation?
Zoning File #1992
February 9, 1995
Page 4
2. The original survey reflected a 12' grassed service drive with gravel bed beneath,
portions of which were located within the 0-7 5' setback of the west shoreline. The
grassed drive as proposed would not have been considered hardcover. The drive has
been installed at a 10' width, relocated and has been paved with asphalt. Does this
information have an impact on your recommendation?
3. The greenhouse addition portion of the oversized accessory structure meets all required
setbacks of the LR-lA zoning district and accessory structure code.
4. None of the structural improvements involve complete reconstruction of either the
greenhouse or detached garage.
lsv
Any recommendation of approval must include the following conditions:
1. Applicant to provide written confirmation of a date when the new septic system
serving principal structure and detached caretaker residence is to be installed.
The Bracketts Point neighborhood was reviewed by staff during the recent septic
moratorium for the purpose of determining future septic capacity and need for
sewer. The Bracketts Point neighborhood was found to have adequate and
suitable areas for septic expansion and was classified as the lowest of the defined
10 "hot spots" as to the need for sewer. The applicant agreed to install new
septic system once the City had resolved the issue of potential sewering of the
area.
2. If the removal of hardcover improvements will be required as a condition of
approval, removals must be completed prior to City's issuance of building permit
for restoration of structures.
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $200.00
($50 .00 per each additional variance)
Renewal Variance Fee $100.00
(no change from original application)
Variance for non-conforming structures $200 . 00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
r:'.l f~~
c::1~-l
Site Address 14 2 0 Br a c k et t s P o i n t R o a d , 0 r a n a , M N 5 5 3 9 1
Property Identification Number (P.I.D.) 11-117-23-32-0020
Attach legal description to application if not included on required survey.
Date Property Acquired __ M'-a_r_c'"""h'-'-1"-9"'-9"'"'2=---_____________ (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: X residential __ other (specify) __________ _
Zoning District: ---------------------------
APPLICANT
Name Kraus-Anderson Construction
Add Com~an~, Midwest Oivisio11 ress : 8 6 5 e n d o v a St re et N F
Phone~~) 612-7 86-7711 (Office)
Phone(work) ---------
City : __._C..__i._.r_._c ..... J ...... e ............ P_,i__._o .. e ... s.....__ Zip: 5 5 0 1 4
OWNER (if different than applicant) Phone(home) ---------612-471-0299
Name James and Joann Jundt Phone (work) ---------
Address: 2 2 0 0 H u n t i n gt o n P o int R o a d City: W a y z at a Zip: 5 5 3 91 -~------
DESCRIPTION OF REQUEST Estimated Construction Cost$ 15 O , O O O . O O
Describe request in detail: S e e At t a c h e d E x h i b it a n d S k et c h e s O 1 , 0 2 , 0 3
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
X Setback: Front Side Rear
Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliancewithZoningCoderequirements: The existing stone wall, greenhouse
structure, garage and brick retaining wall are deteriorated and
dangerous and need to be replaced or repaired.
(attach additional sheets if necessary)
7
REQUIRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in order
for your application to be considered complete:
1. _x_ Completed Application Form
2. _* Certified Property Owners List of owners within 150' (you must obtain this list from
Hennepin County Department of Finance, A-603, Govt Center, 348-3271).
3. _* Plat Map (obtained with property owners list).
4. _*_ Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½ 11 x 11" for
reproduction.
5. _*_ Topographic survey (existing and proposed elevations) if any changes in existing grade
are proposed. In addition, provide one (1) copy 8½ 11 x ll II for reproduction.
6. _x_ Sketches or plans of floor & elevation views (provide one (1) copy 8½ 11 x 11 11
).
7. _*_ List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
8. _ As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application.
9. _ Additional items as may be requested by City staff.
*THESE ITEMS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY OF ORONO
The Applicant and Property Owner must sign this application. Please remember that your ·
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant's Signature .b~~ Date /• 3'•"1:r'.
I
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes 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 to advise the Building & Zoning Office of
this change prior to the meeting.
8
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CITY OF ORONO
VARIANCE APPLICATION
EXHIBIT A
1420 Bracketts Point Road
Orono, MN
DESCRIPTION OF REQUEST
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.
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) ~
EXISTING HARDCOVER IN ZONE
A. House Bo at ------
Length
B. Garage
(' ..
C. l~~J!,-/' (Public)
D. Sidewalk ( St o n e St 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
75-250' 25-500'
=
Width
=
=
=
=
=
=
=
=
=
=
500-1000'
196 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, 5 5 7. 5 S.F. A
130,834 S.F. B
A 21,557.5 B 130,834 xlOO = 1 6 47 %
PROPOSED HARDCOVER IN ZONE
A.
B.
C.
D.
E.
F.
G.
House Boat X
Length
X
X
X
Garage X
Driveway (Public) X
X
Sidewalk (Stone Steps) X
X
Patio/Deck X
Pathways X
Landscape X
Underlain X
By Plastic X
Other Retaining Wall X
TOTAL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
A 21,939 B
Width
130,834 X 100
13
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
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. 7 6 %
A
B
. ,.
G
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3 .. ,.... ':-.. NO. 0 .:.~ , __ .
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER 1\-'IUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION AND A VARIAN CE
TO SECTION 10.03, SUBDIVISION 9 (C-2)
FILE NO. 1868
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 made application to the City of Orono for a
conditional use permit to allow the continued use of a detached guest house structure with
caretaker apartment and a variance to Section 10.03, Subdivision 9 (C-2) as structure is
approximately 5,478 s.f. in area where only a 3,000 s.f. oversized accessory structure would
be allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1868.
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 the application on September 20, 1993
and recommended approval of the conditional use permit and variance as
proposed based on the following hardships or unique findings:
a. The property consists of 13. 8 acres and can easily support a second
residential unit.
Page 1 of 5
form 5005 Di sk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.? ' -
b. Structure does not meet the required side yard setback but the nature of
the structure and the uniqueness of this property would suggest that even
if subdivided in the future, it is unlikely that this structure would remain
as a principal structure.
c. The subject structure has existed for over fifty years.
4. The City Council finds that granting a conditional use permit to allow the
continued use of the guest house 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 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
served 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 applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
6. 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 affect of the proposed use on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND COI't'TIITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit to allow the continued use of the guest house structure as it exists
and to approve a variance to Section 10.03, Subdivision 9 (C-2) recognizing the guest house is
approximately 2,478 s.f. in excess of the allowed area for an oversized accessory structure,
subject to the following conditions:
Page 2 of 5
Form SOOS Dislt Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _______ _
1. Guest house structure and/ or caretaker apartment shall never be used for rental
purposes but shall continue to serve the owners' employees and nonpaying guests.
2. Applicants are hereby advised that if portions of the guest house structure located
within the substandard side yard setback are considered for structural
improvement that these improvements will require City approval.
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 11th day of October, 1993.
Page 3 of 5
Form 5005 Oisk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ___ -'----
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of
October, 1993, 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.
LINDA S. VEE
NOTARY PUBLIC• MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-88
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Notary Public
On this / ,q_w_i day of (}42-,'z..~/ , 199 / , before me a Notary Public
within and for said County, personallfappeared 2J J, _C~7.---r'""' CAvrr..LL, ./Y7'L-d./-'-,,)z_-ui. ..£
known to me to be the person(s) described in anQ_J,ll{o execute'4/4ie foregoing instrument, and
acknowledged that he (they) executed the same as his (their)r:i'ee act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Ccmm. Expires 12-19-97
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
~
Not~~blic
ss.
Page 4 of 5
Form Srf.i5 Disi: Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ;'.:·; :::, ~-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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 5
Fonn 5005 Disk OrollO
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO ,,: . -" ~·· ----~·-
Exhibit A
Al8o: that. wrt of L-;te 9 Md 10, Rl9ariran.;E:t!!t";;nt of Orono Pr;int ~d .
\,1.1ce a.;:;,:;.-,i,t,:;,._,,'u:, thr::n:L,; lYiui Su'lltt1r!ii:·lY ~,cl. ~o.!!!t~i: ly ,-:,£ ti' • .-1, f,:,11,,~
in£ <leer.ribed line: <Amm~ncing at a pr;int 'in th~ Chnterlin~ of
Center A•,~nui'.: 588.95 feet M!'therlY from. the Nr.rr:-thw~etf::rlY r.:orner
of tf.it fJ, Re~rr~eroent of Orono P,;int; th,<;nc~ eoutherly along
e1:1id C::€:nter linl'.! t1 di~t.-mce of 5 fer:t; thence erJuthwt:eterly on a
tr.i.ngenttal cu't'Ve to the riiht with a r~diue of 221.17 f~~t ~ die-
t~ce 6f 169.38 i~~t; thence aouthw~st~rly t."J.na~~t to e~id lMt
d~sr.:r-ibl'.!d r.:urvt:: & die:tb.l'ice r;f 5 feet: thenci<;: er.iut.hwe~t~r-l'Y on lj,
t,;.ng,:n., i1.i.l cur·w.: tei t.he right fj. r,~.rliw, of 4.45. 72 fei<:t l'J. dietM.l'.ie
r.,f 119. 25 ffl:,:t; thencl'!: ecuthweeterly thn,g,<;T,t tr; s.,._id lw:ri:. dl'.:-
ecriw<l r.;,1't'vr-:. Ii diet~c,: of 107. 3 feet; thi':nr.:e w,1;ei,;r lY ml.!.kir.g b.!I
an2le r;f 44 dl'.:ll't~s 42 tainuteis to thi, right a ,uethr,ce of 79.3
f~et ~o the sh.ore of we Minnetonkb. ~d there tet-min~ting; eub-
j ec-c ,:.r; &irder Avenu".: M OI,i,<Jned by 00<;1)1:Qeni:. rir;. 2092886;
Alel"J that part of v~cat$d Canter Aven.ue ~ e~id C:Jnter Avenue '1"1~
dt1Jdio1;1.ted to th/lJ wblic in the plat rJf Re~rr~eznent of O-r·r;r10
Point, lYina eouthr'.:!' lY l';f the WI.tater l·:i' ~xt1::ne ion r.1! th~ iv.irther ly
line cf t;Jt 4., fle.i(l Reo!i.rr,mgement ¢f Orcnr,.. ?oir1t end nr;r-i;.h~rly of
~. line (lt~.\ol'(l ~~eter1.y ~rJ.ll'.;ndicul,;.r t,r; tM weet line f.>f e~irl L-Jt 4
frr.:m ,.,, v;ir1t r.m .!!'-'-id "1est line diet.Mt 182. 29 foet nr;rth<'::rlY truu
th,., eou~h~~at ~orn~r of e~itl mt 4: ~leo tb.,~t :P'irt of th~ ~eeterly
r-.1i.lf oi v,.,,r.:,.,,tl'.:d C.-;nter Avenue lying er;uther-ly of e~id lj_bOV"= rl~-
ecri~d "M!"Pl'Jndir;UlF.i.r liM; und aleei th!.i.t ~...rt oi the wir::et$'t lY
bl.l.lf of V/'j_r.:~t~d C¢ntl':'C' Av~nue lying nosrth,:-:rly Clf the ~i::ete'dy ex-
tension r.,f the northetrly linl': ot a6.id L-;t ·4 b..nc.l lyin2 .eouthfJ'r"lY of
~ line ru-~wn eMterly at ri~t imales ~o th..~ w~et~rly ,lin~ of s.!l.id
vacated C.-.:nter Av~nu~ f'N:lm the pc,int of in~ereection of ~aid w~st-
erly line with &. line cir-ei.wn lO f;;i:.rt ei!!.sterly of the follolr-li.ng de-
ecribed line: Coinmencin.g ~ta :point in the centerline of taid C6n-
ter AverXl.e distant 588.90 feet northerly !'!'Cm the notthweete~ly
corner of e~id ll;it 5: tru:nce eou~herly alo~-2. s~itl centerline~
<li~t~ce of 5 fe~t to the point of l';>.<;ginnir._; of th~ line b,i:ing de-
eor~~d; thenc-e eouthweaterly alone: a t.&.r.gential ourv~ to the
tight With a radius ~f 221.17 feet a die~a.:-~e of 169.~8 fet:t, ~d
~aid li~~ there endina:. ·
,. "
Fonn 5005 Dr:11 Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL :_.~; ,.-._
NO. 8 •·
Aleo
That J;,e.rt of vacated Border Avenue a5 laid out and dedic~t~d ovec
and acr-ces part of Lot 9 in eaid Ree.rra.ngemeni of Orono Point
which liee betY~en the weeterly line of e~id C~nte~ Avenue e..nd ~
line drawn drawn ~or-oee eaid Border Avenue ~t ~is.ht a.nsles to the
aide line6 of said Bo!'cier Avenue from the wint of intersection of
the cent.er-line of uid Border Avenue with ~ line deecribed aa tol~ !
lowa: Beainnirut ~ta r;,oin~ in th~ centerline¢! o•i~ C(oint-e~ AY~
enue di~tant 588.9~ feet northerly of the northweet oorn.er of eaid
L¢t 5; thence eoutherly alorut the centerline of eaid ~nter Avenw,
"' distance of 5 feet; tbenc~ aout,h,,rlY and eouthweateroly alons o. i
tanaentie.l c1.ll""Ve to the right with a radius of 221.17 feet.,_ die-I
ta.nee of 169.38 feet; thence eouthwesterly tangent to latt oaid I
curve a distance of 5 feet; thence southwe8terly along a tanzen-
tial curve to the right with a radiue of 44ti.72 feet a distance of
119.25 feet; thence southwee~rlY t~ent to la~t eaid curve a
dietance of 107.30 feet; thene~ eouthweeterl~ ~lOM a t.&'l.Sential
c:u.rve to the left with~ radiui, of ~6 feet a diet.e..~ce of 19.7
feei; thence southerly tanaent to laet eaid curve a ctiatance of
6.8 feet: thence eoutherly alons a tangential c\..U"Ve to the left
~i th a r-adiu:, of 169. 7 feet e. distance of 53. 9 f ee1;,: th~nce e¢\~th-
er ly tangent to laat deeeribed curve~ distance of 20,5 feet:
thence eo\ltherly on a tangential cttrv! to the left with a radius
of 78. l feet to its intereection with the cetnte.rline of aaid Bor ....
der-Avenue, and s~id line-ther~ endin.: •.
Form 5CfJ5 Dd Orono
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __,,,,,.._...._,........_ __ _
A RESOLUTION GRANTING
VARIANCES TO
l\1UNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 (B) AND 2
FILE #1867
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
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of an access stair
with landing deck to be located 2' from the shoreline where a 75' setback would be required and
resulting in an increase of245.5 s.f. of hardcover where 721 s.f. or .55% exists and where total
hardcover is now proposed at 966.5 s.f. or .74% where no such hardcover is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1867.
2. The property is located in the LR-lA, Zoning District requiring 2 acres in area.
The property consists of 13.8 acres.
3. The Orono Planning Commission reviewed this application on September 20,
1993, and recommended approval of the variances as proposed based upon the
following findings:
Page 1 of 5
Form SOOS Disk Or'.A:i
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
A. 131.5 s.f. of new hardcover results from access stairs allowed for
lakeshore properties with steep banks per Section 10.56, Subdivision 16
(F). 114 s.f. of new hardcover results with the installation of the lakeside
deck.
B. The lakeside deck will not be used for recreation or entertainment but will
serve as a storage area for dock sections during winter months, house an
irrigation structure and a 6' light post for safety and security purposes.
C. Entire property has over 1,600 lineal feet of shoreline. The east shoreline
with 620 lineal feet has steep lakeshore banks requiring an access stairs.
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 applicant; 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 above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit
construction of an access stair, 4'x4' landing at the lakeside of stairs, 6'x4' irrigation structure
and a light post at the landing deck resulting in 896.5 s.f. or .60% hardcover in the 0-75'
setback area and a setback variance for landing deck that will be located 2' from the shoreline,
subject to the following conditions:
Page 2 of 5
Form 5005 !hi C.-
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. r ----'-----
1. Applicants or applicants' representatives shall obtain permit from the LMCD for
installing a new dock at the shoreline. Such dock must meet not only required
setbacks from the side lot line from land but must also meet the required setback
from extended lot lines into lake.
2. The proposed light fixture shall be subject to the standards set forth in Section
10.60, Subdivision 8 whereby lights must be shielded downward and that light
beams cannot be detected at the lot line. Light beams must be directed away
from residential properties.
3. Applicants are hereby placed on notice that all existing structures in the 0-75'
setback area are considered nonconforming and subject to all pertinent sections
of the nonconforming sections of the code. Any structural repairs to these
structures must be approved by the City.
4. Authorities granted by this variance 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 (October 11, 1994).
5. 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
tenI1inate any authority granted herein, and shall be punishable as a misdemeanor.
6. 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 5
Form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. , ~ -_J
Adopted by the Orono City Council on this 11th day of October, 1993.
(J C
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Toe foregoing instrument was acknowledged before me on this 11th day of
· October, 1993, 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.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission explrea 8-12-88
Page 4 of 5
Notary Public
Fonn 5005 Di:X ()rono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL ~:-i ~.;: ... . .... _
NO. ~-C ·-· .•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J_f-r/, day of li:1:-Y'~'-jJ , 199 / before me a Notary
Public within and for said county, personally;-appeared '-n. ~ ~7--zi___.,:w, C,a~ /J,..,,_Lf._ ;.,_ . .,_,__:=4!'.'
-----------known to me to be the per_j_Otl(s) desc&d in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Comm. Expires 12-19-97
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
On this 5"~ day of --""'"--'-'--1-=-~-=-----,,_""""""ll"---' 199
Public within and for said county, personally appeared _~~~~~~~-::,)~~~L---
-----------known to me to be the p son(s) described · nd who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
Page 5 of 5
F<Jfffl ~ Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ,::..• "-✓ ·~ -
Exhibit A
LE(J.Ar [1,SGRIPTIO!l OLl?BFl"!ISES SURVEYELi;
[./)ta 5 and 6, RtJJj,,rrl.!..nll'.:lni':nt of Orr.mo PrJim,; (
Alao: th.!1.'t ~t of L-;te 9 Md 10, Rfjarrangemi":nt of Orono Pr;int 1.md .
1.,\.v:: a.6,:.. .. ·ii:t ~•-11°~ tll":a·i:: L,; l'i i.ui G,:iu.thh\:· lY 6.t,d Eo.~t~ r ly ,-:,£ t.r.,1, !,:, l b'.1
in.g deecrib~d line: ~mm~noing at a pr;int ·in th~ C(:jnterlin~ of
Center Aw::nul': 588.95 feet nrJ?'therlY from the Nr.rM.hweet.et'ly ccrner
of In~~. Re~rr~ement of Orono P,;int; then~~ eoutherly [j_long
eaid c~riter linl'.: b. di~tM.ce of 5 f.c:f:#t; thenc~ er;uth~~e:ter-ly on a
tJ'J.rtB,entt~l our-vet~ the riiht with~ radius of 221.17 fl'.:~t ~ die-
tMce r;i 169.,'38 i~,;!t; thenr.Je ar..1uthwt1;1st~'!'lY t.sma~nt tr; e,;,id lMt.
dt:.1sr.:r-ibl'.:d r;urve ~ diet.i1.nc:1".: r;f 5 feet; thf:rno~ sr;u:thweetr;rly on ~-
t~~nt i~l curvl'.: t~ tr~ right~ ~~diua of 445.72 f~~r, ~ 1i6t~~~
r.1f 119. 25 :fe~t; thence ecuthweetl'.:rlY t,a"1.gent to sdd l.!i.at <le-
ecribe<l c11'!'v~ 1.1 dii:ru:.nce o'f 107, 3 feet; th~nr.:e wee't!!:rlY makir.g tll'l
~lt";: ()f 44 dr::a;r~s 4.2 tt.inute.s to the right ~ rliethr,ce of 79. 3
feet ~o th~ shore of we Minnetonkb. ,md there tet-min~ting; eub-
j eot. 'tf; E¼rder Ave®e M C'.Pt'JMd by Do<;Ulllent rir;. 2092886:
Alei:, tha,:, ~t of v>.s-cated Cantl!:r Aven.ue a.e e~id C1int.l':r Avenue Wo!l..S
dl!ldio.ci:ted to tM wttlic in the plat rJf Re~rr~etttem of. O?·r;no
Pcint, lYiM eoutherlY of thf.i w~eterl'i( e'X't.i!ineicm of th~ ncrtr.erlY
line of L-;t 4.. eaid Re1.1..rr1Jngement ¢f Orr.inr; i?oir1t FJ.nd nr;rtr11~rl1 of
,;. linF: flt~wn 'H~eterl'Y ~rp.1'::ndieul.i;.r to the "Neet line r;f el'.l.irl Li.1t 4.
f:r•om ~ y;int on ~~id weat line dietFJ.nt 182. 29 foet -north"::!:' lY trr;!1l
the eou~h~~et corn~~ of e~id LDt 4: ~lao tMt P'irt of th~ westerly
r.11.lf oi v~c~ted C'!:nter Avenu~ lying eouthe~ly of eaid above tle-
eori~d ~~ndicular line; ~d aleo th!.it p,a...rt of the we5t~rly
rv.i.lf of vacated ~nter Avenue lying northerly of the weeterly ex-
tension of. the northet"ly linl!: of a.aid [.f;t ·4 Md lying erJuth~-rly of
~ line rlr-~wn eMterly ~t right la'l2les ~o th.~ we~t~rly ,line of 8J.iid
vac~ted ~nter Av~nue from the POint of int~re~ction of eaid w~st-
erly line with El. line cire:i.wn 10 ff3et Hster-ly r;f the follo;.tir..g dt-
ecribed line: Ct-~nci:og at~ i:,oint in th~ centl!;rline of eaid C4n-
ter Av~rx,.e diata.~t 588.96 feet northerly f~o~ the northw~eterly
corner of e~id Lot 5; th!lnce eouth.erly alor..a e~id centerline~
diet.r,.nM of 5 fe~t to the point of 'b,c:ginnir~ of th$ line 'o«.:in& de-
ecribed; then~-e eouthweeterly alona a tangen~ial curve to the
righ~ ~i~h a radius~! 221.17 feet a 1iat!...-.::e of 169.08 feet. ~d
said lir.~ th~re endina. · .. "
FOffll 5005 Disk Orooo
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ---~
Aleo
That part of vacated Border Avenue as laid out and dedicated ovec
and ac:rces ~t of Lot 9 in eaid Ree.rra.ngem,•.mt of Orono Point
which liee between the weete~lY line of e~id C~nter Avenue and~
line drawn drawn e..orcM eaid Border Avenue (:!.t right ar.slee to the
eide line5 of eaid Bor-der Avenue from the wint of intereection of
the cent.erli.n6 of edd Border Avenue with e1. line deecribed ae tol-!
1owe: Eeainnirut at a :i;,o1n~ in th~ oon~erline o~ ~•i~ Cont-er AY~ ·
enue diet.ant 588.9~ fee~ northerly of the northweet corMr of eaid
L¢t 5; thence eouther-l.y alona the cent.er-line of ,lSe,id ~nter Avenite
_,. dieta.nce of 5 feet: thence aO\lt,hi,rlY and eouthwesterly alons a 1
t~ential curve to the right with a radi1.ia of 221. l 7 feet a dio-I
tance of 169.38 feet; thence eouthweeterlY ~gent to la~t eaid I
cur-ve a diatance 0£ 5 feet; thence aouthwe8terly along a tana-en-
tial curve to the right ~ith d radiue of 445.72 feet a distance of
119.25 feet; thence southwee~rly t~ent to laot eaid curve a
di~tance of 107.30 feet; thence eouthweoterlY alons a ~ential
curve to the left with a raditu1 of 56 fe-et a distance of 19.7
feet; thence southerly tanaent to la~t said curve b ctiatance of
6.8 feet; thence eoutherly along a t!llgential curve to the left
with a radiw, of 169.7 feet a distance of 53.9 feet; thence ~\\th-
erly tangent to l~et cteeeribed curve b di~tance of 20.5 feet:
thence ecutherly on a tangential curve to the left with a radius
of 78.l feet to its intersection with the cEinterline of said Bor ...
der-Avenue, and said line-ther~ endin.«,
Form 5005 Oisk Orono
HA . ..R.DCUVER CALClTL-\ TION \VORKSHEET 3-6-95
SETBACK ZONE: (CIRCLE Ol'ic)
EXISTING HARDCOVER fi'f ZOt'ic
A. House
Boat
B. Garage
C. Driveway
D. Sidewalk
Stone Steps
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Other
Length
0-75'
X
,,
;(
X
X
;(
;(
. ,
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
75-250'
Width
25-500'
=
=
=
=
=
500-1000'
___ 1_9_6 __ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
___ 5_2_5 __ S.F.
= ______ S.F .
= 245.5 S.F.
= S.F.
= S.F.
S.F.
S.F.
= S.F.
966.5s.F.
130 834 S.F.
A 9 6 6. 5 B 13 0, 8 3 4 x 100 = .74 %
PROPOSED HARDCOVER 1N ZONE
A.
B.
C.
D.
E.
F.
G.
House X
Boat Lengr.h
X
X
X
Garage X
Driveway X
X
Sidewalk X
Stone Steps X
Patio/Deck X
Pathway X
Landscape X
Underlain X
By Plastic X
Other Retaining Wall X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
Width
A 1 0 9 8 B 1 3 0 , 8 3 4 x 100
13
196 S.F.
= S.F. ------
= ------S.F.
= S.F. ------
= S.F. ------
= S.F. ------= ------S.F.
= 525 S.F.
= S.F. ------
= 187 S.F.
= 160 S.F.
= S.F. ------
= S.F. ------= S.F. ------
= 30 S.F.
1 098 S.F. ----'---"---
130,834 S.F. ----'--_-,3-r-4cr--%
A
B
A
B
HAR.DCO,/ER CA.LCCLATION vVORKSHEET 3-6-95
SETBACK ZONE: (CIRCLE 01',""E) 0-75'
EXISTING HARDCOVER IN Z01',""E
A .. House ______ x
8 0 at Lengrb
B. Garage
C. Driveway
D. Sidewalk
Stone Steps
E. Pacio/Deck
F. Landscape
Underlain
By Plascic
G. Other
,"(
X
X
X
X
X
X
TOT AL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
A 966.5 B
PROPOSED HARDCOVER IN ZONE
A. House X
Boat Length
X
X
X
B. Garage X
C. Driveway X
X
D. Sidewalk X
Stone Steps X
E. Patio/Deck X
Pathway X
F. Landscape X
Underlain X
By Plascic X
G. Other Retaining Wall X
TOT AL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
A 1 098 B
75-250'
Widch
130 834 X 100
Width
130,834 X 100
13
25-500' 500-1000'
=
=
=
=
=
==
==
=
=
==
==
==
=
==
==
==
=
==
==
=
==
=
=
=
=
=
=
=
=
=
___ 1_9_6 __ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
___ 5_2_5 __ S.F.
______ S.F.
245.5 S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
9 6 6. 5 S.F.
130 834 S.F.
.74 %
196 S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
525 S.F.
S.F.
187 S.F.
IGO S.F.
S.F.
S.F.
S.F.
30 S.F.
1 098 S.F.
130,834 S.F.
.84 %
A
B
A
B
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FAEGRE & BENSON
PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
2200 NORWEST CENTER, 90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402-39or
Ms. Jeanne A. Mabusth
Zoning Administrator
City of Orono
City Hall
P.O. Box66
Crystal Bay, MN 55323-0066
Re: Jundt Residence
Bracketts Point
Dear Ms. Mabusth:
TELEPHONE 612-336-3000
FACSIMILE 612-336-3026
March 7, 1995
THOMAS M. CROSBY, JR.
612/336-3127
8
We have discussed from time to time the requirement that the Jundts upgrade
the septic system which serves their house and the detached accessory structure on Bracketts
Point.
Some time ago it was agreed that upgrading of the septic systems to current
code would await and inspection of all of the systems on Bracketts Point (which took place in
1994) and a determination by the residents ofBracketts Point that, as group, they were
prepared to petition the City of Orono for a municipal sewer.
We are working with the Jundts to canvas the residents ofBracketts Point
concerning the petition for a municipal sewer. I understand from you that, even assuming
such a petition were forwarded, presently the City of Orono is not empowered to construct a
municipal sewer pending the modification of the Comprehensive Plan which needs to be
approved by the Metropolitan Council.
In the event that a petition for municipal sewer is not possible either by reason
of the desire of the residents of Bracketts Point or the required approvals of the Metropolitan
Council, the Jundts will be required to bring their existing systems up to code.
Subject to specific approvals to the contrary by the City of Orono, they have
agreed and have authorized me to indicate to you that the will upgrade the septic systems for
the main house and the accessory buildings during the 1995 construction season.
Minneapolis Denver Des Moines Washington, D.C. London Frankfurt Almaty
Ms. Jeanne A. Mabusth
March 7, 1995
Page2
If you would like further detail on these matters, please contact me.
Sincerely,
(~~
Thomas M . Crosby, Jr.
TMC :cfk
cc: Mr. and Mrs. James R. Jundt
Kraus-Anderson Construction Company
Ml :0016565 .01
CITY of ORONO
March 9, 1995
Mr. and Mrs. James Jundt
2200 Huntington Point Road
Wayzata, wfinnesota 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-C066
The enclosed approval resolution will be presented for Council's review and formal action at
their March 13, 1995 meeting. You are asked to review the resolution and contact staff prior
to the meeting if you have any questions pertaining to the findings and conditions set forth in
the resolution.
As to the most recent information received from the Metropolitan Council's staff, it may not be
possible to get immediate action on a Comp Plan amendment providing sewer to the Bracketts
. Point residences within a reasonable or realistic period of time, certainly not within the 1995
construction period.
Sincerely,
(/_ -,,,,z.,,-z.Lj C~cr&-c.c.~,, ~ ~t/-c~-
Jeanne A. Mabusth
Building & Zoning Administrator
JAM/ch
Enc.
cc: Tum Crosby, Jr., Faegre & Benson
Scott C;:-awford, Kraus-Anderson Constmction Co.
Telephone (612) 473-7357 • FAX 473-0510
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 #1992, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 31st day of January, 1995.
Jami ~
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Wednesday, February 22, 1995 on the matter of reviewing the following land use
applications:
1. #1992 James and Joann Jundt, the owners of the property located at 1420 Bracketts Point
Road, seek approval of a conditional use permit and variance to allow the restoration of
a retaining wall located within the lakeshore protected area where no such structures or
land alterations are allowed. In addition, they have applied for setback variances to
allow either total reconstruction or major structural repairs to structures that do not meet
the required setbacks of the lakeshore residential zoning district.
2. #1993 Calvin C. Korth who resides at a residence located at 900 Dakota Avenue has
filed an appeal of the Zoning Administrator's interpretation of the code that would
classify a pygmy goat as a domestic animal requiring a conditional use permit for
maintaining the goat at the residential property. It is the applicant's position that the goat
is a household pet and does not have special area needs nor requires a special shelter.
3. #1994 Robert Wolff, the owner of 4450 Forest Lake Landing, has filed an amended
variance application for a 5' addition to the lakeside of the existing residence and an
expansion of the existing lakeside decks that will require an average lakeshore setback
variance and a hardcover variance within the 75-250' setback area.
4. #1996 Gregg Perl, the owner of the property located at 309 Westlake Street, has filed
an after-the-fact side setback variance for a structural improvement completed within a
portion of the existing residence that does not meet the required 30' side setback.
5. #1997 Sally and Jonathan Lebedoff have filed a multiple variance application involving
the property at 1101 Ferndale Road West that would propose the removal of the existing
residence and the construction of a new residence within the approximate footprint of the
original residence requiring lakeshore setback, side setbacks, average lakeshore setback
and hardcover variances within both the lakeshore protected area and the 75-250' setback
area.
6. #1998 Craig Wicklund has filed a multiple variance application involving the property
located at 3780 Bayside Road that would propose the reconstruction of a new residence
on the property requiring lot area, lot width and front/ street setback variances.
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
~~-,/~ eanneA. Mab~ ➔d.
Building & Zoning Administrator
To be published the week of February 6, 1995.
CITY OF ORONO
NOTICE
The Planning Comm ission will hold public
hearings tin the Council Chambers at 2780
Kelley Parkway on Wednesday, February 22,
on the matter of reviewing the following .
use applications:
. #1992 James and Joann Jundt , the
ers of the property located at 1420
Bracketts Point Road , seek approval of a
conditional use permit and variance to allow
the restoration of a retaining wall located
within the lakeshore protected area where no
such structures or land alterations are
ailowed . In addition, they have applied for
setback variances to allow either total
reconstruction or major structural repairs to
structures that do not meet the required
setbacks of the lakeshore residential zoning
district.
2. #1993 Calvin C. Korth who resides at a
residence located at 900 Dakota Avenue has
filed an appeal of the Zoning Administrator's
interpretation of the code that would classify a
pygmy goat as a domestic animal requiring a
conditional use permit for maintaining the goat
at the residential property . It is,the applicant's
position that the goat is a household pet and
does not have special area needs nor
requires a special shelter.
3. #1994 Robert Wolff, the owner of 4450
Forest Lake Landing, has filed an amended
variance application for a 5' addition to the
lakeside of the existing residence and an
expansion of the existing lakeside docks that
will require an average lakeshore setback
variance and a hardcover vanance w1th1n the
75-250 ' setback area .
4 . #1996 Gregg Perl, the owner of the
property located at 309 Westlake Street , has
filed an after-the-fact side setback variance
for a structural improvemerit completed within
a portion of the existing residence that does
not meet the required 30' side setback .
5 . #199 7 Sally and Jonathan Lebedoif
have filed a multiple variance application
involving the property at 1101 Ferndale Road
West that would proposo the removal of the
existing residence and the construction of a
new residence within the approximate
footprint of the original residence requiring
lakeshore setback, side setbacks, average
lakeshore setback and hardcover variances
within both the lakeshore protected area and
the 75-250' setback area .
6. #1998 Craig Wicklund has filed a
multiple variance application involving the
property located at 3780 Bayside Road that
would propose the reconstruction of a new
residence on the property requiring lot area,
lot width and fronVstreet setback variances .
All persons wishing to be heard will appear
at this meeting . Written comments are
solicited . Plans are available in the City
Offices for rev iew, by appointment.
City of Orono
By: Planning Commission
Jeanne A. Mabusth
Building & Zoning Administrator
(Published in The Laker and Pioneer Feb. 6,
1995)
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 :
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A .07 , and other applicable
laws, as amended .
B.) The printed km/ bm °tf/tik~1)
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for / successive weeks :
It was first published Monday ,
the /4 1/i day of __ ~""--.<.LL..l.J"'-'-'-'-1..4../--19 CJ1__,
and was thereafter printed and blished every
Monday, to and including Monday,
Authorized Agent
Subscribed and sworn to me on this
-~dayof J-Jwao/j
~v
, 19C/.2__
By :
bl ic
a e n orma o
(1) Lowest classified rate paid by commercial users
for comparable space : $11.48 per inch .
(2) Maximum rate allowed by law for above matter : $11 .48 .
(3) Rate actually charged for above matter : $6.47 per inch .
Each additional successive week : $4 .45 .
CITY OF ORONO
NOTICE
The Planning Commission will hold public
hearrngs in the Council Chambers at 2780
Kelley Parkway on Wednesday, February 22.
19.95 on the matter of reviewing the following
land use applications:
1. #1992 James and Joan Jundt, the
owners of the property located at 142·0
Bracketts Point Road, seek approval of a
conditional use permit and variance to allow
the restcration of a retaining wall located
within the lakeshore protected area where no
such structures or land alterations are
allowed. In addition, they have applied for
setback variances to allow either total
reconstruction or major structural repairs to
structures that do not meet the required
,,etbacks of the lakeshore residential zoning
district.
2. #1993 Calvin C. Korth who resides at a
residence located at 900 Dakota Avenue has
filed an appeal of the Zoning Administrator's
interpretation of the code that would classify a
pygmy goat as a domestic animal requiring a
conditional use permit for maintaining the goat
at the residential property. It is the applicant's
pcsit,on that tne goal is a household pet and
75-250' setback area.
4. #1996 Gregg Perl, the owner of the.
property located at 309 Weslakd_ Street, nas
filed an after-the-fact side setback variance
for a structural improvement completed within ·
a portion of the existing residence that doe ,
not meet the required 30' side setback. I
5. #1997 Sally and Jonathan Lebedeff
have filed a multiple variance application
involving the property at 1101 Ferndale Road
West that would propose the removal of the
existing residence and the construction of a
new residence within the approximate
footprint of the original residence requiring
lakeshore setback, sidE: setbacks, average
lakeshore setback and hardcover variances
within both the lakeshore protected area and
the 75-250' setback area. 1
6. #1998 Craig Wicklund has filed a i
multiple. variance application involving the '
property located at 3780 Bayside Road that
would propose the reconstruction ot a new
residence on the property requiring lot,area,
lot width and frontistreet setback variances.
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. '·
~.·:,:;'.~.'
does not nave special area needs nor City of Orono
requires a special shelter. · . ·, -_ , By: Planning Commission .
3. #1994 Robert Wolff, the owner of 4450 ·
Forest Lake Landing, has filed an amended Jeanne'A. Mabusth
variance application for a 5' addition to the: Building & Zoning Administrator .. _ ...
lakeside of-the existing residence and an i · · " • ' · ·-· ·,-
expansion of tl)e existing lakeside decks that · {Pubffshed in°,The laker and Pioneer Feb.· 20, I
:1¼:ic~u~~/; ~:r~~~i:r'e~~:~i!ewTt~l~~~~ .
1995
) ,· L . . ' :! . ' ,i { :J
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:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable
laws, as amended.
.Q \_\' \~ ' B.) The printed ·. ~:o\ 1-L Uw Q \: \ (',.~ .. ,
L ll..---.cl, \l."?{< »w \2 S,
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for ___ successive weeks:
It was first published Monday,
the d. t)~ day of \-'---(o..-..... c~ ..--vt 19--5._S
and was thereafter printed and pubfished every.
Monday, to and_ including Monday,
the __ dayo~& ;
Authorized Agent
Subscribed and sworn to me on this
By:
(1) Lowest classified rate paid by commercial users
for comparable space: $11.48 per inch. ·
(2) Maximum rate allowed by law for above matter: $11.48.
(3) Rate actually charged for above matter: $6.47 per inch.
Each additional successive week: $4.45.
CITY of ORONO
Municipal Officl!S
Post Office Box 66
Crystal Bay, Minnesota 55323-0066
DATA PRlV ACY ADVJSORY
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.
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.
5.
6.
If your requested permit or license requires Council action to approve, some
information may become public.
You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
Your full name is required to process this application or permit.
Gary D . Benson
First Middle Last
Kraus-Anderson Construction Company, Midwest Division
8625 Rendova Street NE
Address
Circle Pines MN 55014 612-786-7711
City State Zip Phone
I understand my rights as stated above.
Si~~
TELEPHONE -4!W357 • FA.X • 473-0510
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. Toe rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
(c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in the
individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and whether
it is classified as public, private or confidential. Upon his further request, an individual who
is the subject of stored private or public data on individuals shall be shown the data without any
charge to him and, if he desires, shall be informed of the content and meaning of that data.
After an individual has been shown the private data and informed of its meaning, the data need
not be disclosed to him for six months thereafter unless a dispute or action pursuant to this
section is pending or additional data on the individual has been collected or created. Toe
responsible authority shall provide copies of the private or public data upon request by the
individual subject of the data. The responsible authority may require the requesting person to
pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature of
the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
Toe determination of the responsible authority may be appealed pursuant to the provisions
of the administrative procedure act relating to contested cases.
11
Kraus-Anderson Construction Company
Midwest Division
LETTER OFT
8625 Rendova Street N.E., P.O. Box 158
Circle Pines, MN 55014
,FEB 1if, 1995 Phone (612) 786-7711 / Fax (612) 786-2650
To: Ms. Jeanne Mabusth
City of Orono
2750 Kelly Parkway
Orono, MN 55356
Gentlemen:
Date: 2./6/95 Job No: 8189 ----
Re: Southways Greenhouse/Garage
1420 Brackens Point Road
Orono, MN 55391
We are sending you ..X Attached _ Under separate cover via _____ the following items:
Shop drawings
Copy of Letter
X Prints Plans Samples Specifications
X Other:
Copies Date No. Description
1 2/2/95 Check in the amount of $200.00 (Conditional Use Permit)
25 10/15/94 SK-01 Renovation Greenhouse/Garage Scope of Work Plan
25 Area 2 -Site Plan (New Service Road and Pathway to Dock)
I 8-1/2" x 11" Transparency of Area 2 -Site Plan
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=r=a....,w"""'fo,,_,_r..,._d,__,. P'--'-r_,.,o,.,.je=ct.._M......_..a'""na~g;a.:,e..,_r __
If enclosures are not as noted, kindly notify us at once.
;).._ I 1 °61 ~ . UL--I ft, • 3 J 7,
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-----++-~~~---+-,:,1--...!-..E..-=-~~k-. 9 e ;;-______ _
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