HomeMy WebLinkAboutProject PacketCITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
(952) 249-4600
TO: George Stickney
201 East Lake Street
Wayzata MN 55391
ZONING FILE #07-3293
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: September 25, 2007
COPIES: Bruce Paddock
1500 Bracketts Point Road
Wayzata MN 55391
TYPE OF APPLICATION: Hardcover Variances
DATE OF MEETING: September 24, 2007 VOTE: 5 FOR 0 AGAINST
Motion: To deny per the findings and conditions of the resolution previously mailed to you.
If you desire certified copies of the official Council minutes , they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Evelyn Turner, City Planner, at 952-249-4623.
CITY of ORONO
P.O . BOX66
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OC T O 1 2007
CITY OF ORONO
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MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 24, 2007
7:00 o'clock p.m.
ZONING ADMINISTRATOR'S REPORT
*3. #06-3191 KAREN FEYO, MARK FULLER, AND STACEY NAKAYA, 4055 ELM
STREET -VARIANCE -RESOLUTION NO. 5664
White moved, Bremer seconded, to adopt RESOLUTION NO. 5664, a Resolution Granting a
Variance for the property located at 4055 Elm Street. VOTE: Ayes 5, Nays 0.
*4. #06-3243 RICHARD MARZAN, 2795 PHEASANT ROAD -CONDITIONAL USE
PERMIT AND VARIANCES -RESOLUTION NO. 5665
White moved, Bremer seconded, to adopt RESOLUTION NO. 5665, a Resolution Granting a
Conditional Use Permit for Grading within the 0-75' Zone and Variances to Hardcover. VOTE:
Ayes 5, Nays 0.
-•·
*5. #07-3285 ROBBIN AND KRISTINE JOHNSON, 1280 BRACKETTS POINT ROAD -
REVISION TO SETBACK VARIANCE-RESOLUTION NO. 5666
White moved, Bremer seconded, to adopt RESOLUTION NO. 5666, a Resolution Revising
Resolution No. 5611, 1280 Bracketts Point Road. VOTE: Ayes 5, Nays 0.
*6 . #07-3293 GEORGE W. STICKNEY FOR BRUCE PADDOCK, 1500 BRACKETTS POINT
ROAD -VARIAN CE -RESOLUTION NO. 5667
White moved, Bremer seconded, to adopt RESOLUTION NO. 5667, a Resolution Denying a
Variance to Hardcover for the Property Located at 1500 Bracketts Point Road. VOTE: Ayes 5,
Nays 0.
7. #07-3303 KLINGELHUTZ DEVELOPMENT CO., 2525, 2535, AND 2545 SHADYWOOD
ROAD -SUBDIVISION: SKETCH PLAN FOR PRELIMINARY PLAT AND COMMERCIAL
SITE PLAN
Terry Schneider, Project Developer, was present.
Schneider stated their original plan for this site consisted of office condominiums , which they felt was
well suited for that type of development. The challenge has been related to the layout of the buildings . A
number of options have been explored and they have discussed the various issues with Staff and the
neighbors on how the site should be developed. Schneider stated in his opinion the current housing
market should not have a negative impact on this development given the small size of the site .
Schneider stated the anticipated tenants for these units would be professionals and would not generate a
great deal of traffic. Schneider stated the majority of the site is zoned B-4, with a small section being
zoned B-6. The proposed entrance would be off Shadywood Road . Schneider stated the entire site would
need to be zoned B-4.
PAGE3 oflO
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
TO: George Stickney
201 East Lake Street
Wayzata MN 55391
ZONING FILE #07-3293
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: September 25, 2007
COPIES: Bruce Paddock
1500 Bracketts Point Road
Wayzata MN 55391
TYPE OF APPLICATION: Hardcover Variances
DATE OF MEETING: September 24, 2007 VOTE: 5 FOR 0 AGAINST
Motion: To deny per the findings and conditions of the resolution previously mailed to you.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
If you have questions please call Evelyn Turner, City Planner, at 952-249-4623.
Date Application Received: 5/23/07
Date Application Complete: 5/30/07
60-Day Review Period Expiration: 9/27/07
REQUEST FOR COUNCIL ACTION
Department Approval:
Name: Evelyn Turner
Title: City Planner
Item Description:
Administrator Approval:
#07-3293 George Stickney, 1500 Bracketts Point Road
-Hardcover Variance -Resolution
Zoning District: LR-IA (2 acres)
Lot Area: 2.84 acres
Lot Width: 1,000 feet
List of Exhibits:
A. Resolution per Council direction
Agenda Seci
Application Summary: Applicant requests a hardcover variance to allow 27 percent hardcover in the
75 to 250 foot zone to provide for construction of a replacement residence.
Background: On September 10, 2007 Council directed Staff to draft a resolution denying the
variance.
COUNCIL ACTION REQUESTED
Adopt or amend the attached resolution.
A RESOLUTION DENYING AV ARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 07-3293
WHEREAS, Bruce Paddock (hereinafter "Owner") is the owner of the
property located at 1500 Bracketts Point Road within the City of Orono (hereinafter "City")
and legally described as: Lot 2 Block 1 Bracketts Point 2nd Addition, Hennepin County,
Minnesota (hereinafter "the Property"); and
WHEREAS, the George Stickney has made application on behalf of the
Owner to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 27
percent hardcover in the 75 to 250 foot zone when 25 percent is allowed.; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on June 18, 2007, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #07-3293
2. The Property is located in the LR-IA zoning district, where 2 acres is the
minimum lot area and 140 feet is the minimum lot width. The Property is
acres in area and 250 feet in width.
3. The Planning Commission reviewed this application on August 21, 2007 and
on a vote of 5 -0 recommended approval of the variance based on the hardship
created by 54 percent of the lot being within the Oto 75 foot zone.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, and the effect of the proposed variance on the
Page 1 of 2
health, safety and welfare of the community.
5. The City Council finds:
a. The house and appurtenances that could be constructed without the
variance would provide for reasonable use of the property.
b. Not withstanding the recommendation of the Planning Commission,
granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the Property.
c. The variance is not necessary to preserve a substantial property right of the
Owner.
d. Granting the variance would not be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby denies the applicant's
request for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 27
percent hardcover in the 75 to 250 foot zone.
Adopted by the Orono City Council on this 24th day of September, 2007.
ATTEST:
Linda S. Vee, City Clerk James M. White, Mayor
Page 2 of2
MINUTES OF THE
ORONO CITY CO1JNCIL MEETING
Monday,Septemberl0,2007
7:00 o'clock p.m.
(#06-3243 Richard Marzan,~heasant Road, Continu.e"d)
Murphy s ated he likes the wildflowers and the wall and reconstruction of the stairs . Murphy stated he
. would not be in favor of the monuments and that he would like to see the deck reduced to 180 square
feet.
Marzan inquired whether they would be able to put something at the top of the stairs to prevent the
children from accessing the stairway .
McMillan suggested it be something that could be removed in perhaps five years or so once the children
are older.
Rahn moved, Murphy seconded, to approve the vegetation removal variance, the conditional use
permit, and hardcover variance to allow for reconstruction of the stairs, subject to the condition
that the hardcover not exceed the existing 180 squ.are feet, subject to the monuments being
removed, and with the applicant being allowed to construct some type of structure at the top of
the stairs to prevent children from accessing the stairway. VOTE: Ayes 5, Nays 0.
Turner stated the resolution before the Council only approves the vegetation removal and that Staff
would need to draft a resolution approving the other items.
Murphy moved, Bremer seconded, to reconsider the last motion. VOTE: Ayes 5, Nays 0.
Rahn moved, Murphy seconded, to adopt RESOLUTION NO. 5656, a Resolution
granting intensive vegetation removal within the 0-75 foot zone, and to direct Staff to draft a
resolution approving the hardcover variance and the gate at the top of the stairs. VOTE: Ayes 5,
Nays 0.
*9. #07-3291 ED COX ON BEHALF OF PAUL & LAURA EKHOLM, 2606 WEST
LAFAYETTE ROAD -AMENDMENT-RESOLUTION No. 5657
Bremer moved, Rahn seconded, to adopt RESOLUTION NO. 5657, a Resolution Amending
Resolution No. 5629. VOTE: Ayes 5, Nays 0.
(Recess taken at 8:55 p.m. -9:02 p.m.)
10. #07-3293 GEORGE STICKNEY ON BEHALF OF BRUCE PADDOCK, 1500
BRACKETTS P.OINT ROAD -VARIAN CE
George Stickney, Applicant, was present.
Turner stated the applicant is requesting a hardcover variance to allow 27 percent hardcover in the 75-
250 foot zone to provide for construction of a replacement residence.
The Planning Commission voted 4 to Oto recommend approval, subject to the courtyard between the
garages being paved with a permeable material.
PAGE 10
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,Septemberl0,2007
7:00 o'clock p.m.
(#07-3293 George Stickney, Continued)
Staff recommends the amount of the hardcover be reduced by narrowing the driveway and shifting the
house and that the island in the driveway be a rain garden.
Stickney stated their original proposal requested 31 percent hardcover, which had Staffs approval, but
that they have since reduced the hardcover down to 27 percent. Stickney stated under Orono's Codes,
this lot is allowed a lot less hardcover than what would be allowed in another city.
Stickney stated as a taxpayer in Orono, the regulations governing 0-75 foot zone are severe and
negatively impacts the value of the property. Stickney stated if the regulations are modified slightly, it
would help to increase the value of the properties, which would help to generate more income for the
City.
McMillan asked whether Mr; Stickney prefers the more natural lakeshore or the more developed
lakeshore that exists in other cities.
Stickney commented there are a number of properties located on the lake that are for sale and that the
regulations governing the 0-75 foot zone could be lessened slightly, which would, in all likelihood,
generate a half a million dollars in increased property values.
McMillan noted the City of Orono follows the DNR' s recommendations for lakeshore and that the lake
is worth protecting as much as possible.
Murphy stated in his opinion the City's regulations governing the 0-75 foot zone are a perfect way to
manage the lakeshore and has helped to eliminate the issues that other lakeshore cities are currently
facing. Murphy commented on lakeshore lots, a number of issues need to be taken into account prior to
approving an application.
Murphy inquired whether the driveway should be widened to accommodate emergency vehicles.
Bremer stated the Council had requested the roadway be widened and not the driveway. Bremer
indicated she is not in support of the 2 7 percent hardcover and that it comes down to design. Bremer
stated given the size of the house and the lot, the hardcover could be reduced down to 25 percent.
McMillan stated she also is not in support of the hardcover request given the size of the lot and the size
of the house. McMillan stated the property could be put to reasonable use without the variance.
White indicated he also is not in favor of the hardcover variance.
Stickney noted a considerable amount of hardcover is required for the driveway and roadway and that
they have agreed to construct the courtyard area between the garages out ofpervious pavers. Stickney
stated this is not an exorbitant amount of hardcover for the lot.
Charlie Hainsworth, Builder, stated the shape of the lot is unique and does create a hardship.
Hainsworth stated the extra two percent makes the plan workable and that they will be removing a great
deal of hardcover that currently exists within the 0-75 foot zone.
PAGE 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, September 10, 2007
7:00 o'clock p.m.
McMillan noted this is a large peninsula and that the hardcover could be reduced further.
Stickney stated the bluff would be preserved and that they are not creating a hardship to the land by
having the additional two percent of hardcover. Stickney noted 1000 square feet of the property is
unuseable.
Rahn stated it was his understanding that the Council had indicated at a previous meeting that they were
not in favor of a hardcover variance.
Murphy inquired what the structural coverage is on the lot.
Gaf:fron noted the lot is over two acres so the structural coverage is irrelevant. Gaffron stated the
structural coverage would be approximately 10 percent.
Murphy suggested the applicant consider tabling the application and reducing the hardcover by two
percent.
Stickney requested the Council vote on his application tonight.
Bremer moved, McMillan seconded, to deny Application #07-3293, George Stickney on behalf of
Bruce Paddock, 1500 Bracketts Point Road. VOTE: Ayes 4, Nays 1, Murphy Opposed.
11. #07-3298 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST-GENERAL
DEVELOPMENT PLAN AND FINAL PLAT, RPUD REZONING, CMP AMENDMENT,
DEVELOPMENT AGREEMENT-FINAL DOCUMENTS REVIEW
David Carlson, WBW, LLC, and Steve Johnston, Landform, were present.
Gaffron stated this application ts before the Council tonight to review the draft approval documents and
to discuss with Staff and the applicant any remaining issues or topics that should be addressed. Because
all items required for final plat approval have not been completed as of this writing, Staff recommends
tabling the application. Gaffron noted they are waiting for approval from the City of Wayzata for the
utility lines and services and Mn/DOT approvals.
The applicants are working toward completion of the required submittals for general development plan
approval and final plat approval. The application also requires a rezoning ordinance as well as adoption
of the comp plan amendme t approved by Metropolitan Council in May 2007.
The applicants ' attorney has provided draft easement and covenant documents and the applicant has
provided three sets ofrevised plans in response to City Engineer's comments, DNR comments and
MnDOT comments.
Gaffron indicated the items that are outstanding are minor but that staff recommends tabling the
application to allow completion of the punch list items and that it is likely this item would be on the
Consent Agenda at the next council meeting.
PAGE 12
Date Application Received: 5/23/07
Date Application Complete: 5/30/07
60-Day Review Period Expiration: 9/27/07
Department Approval:
Name: Evelyn Turner .. 1 Title: City Planner h"
Item Description:
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: September 10 , 2007
ItemNo. /D
Agenda Section:
#07-3293 George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road
Hardcover Variance
Zoning District: LR-IA (2 acres)
Lot Area: 2.84 acres
Lot Width: 1,000 feet (lakeshore)
List of Exhibits:
A-PC Action Notice dated August 21 , 2007
B -PC Memo & Exhibits of August 20, 2007
C -Draft PC Minutes of August 20, 2007
Application Summary: Applicant requests a hardcover variance to allow 27 percent hardcover in
the 75 to 250 foot zone to provide for construction of a replacement residence.
Planning Commission Recommendation
On August 20 , 2007 , Planning Commission voted 4 to O to recommend approval , subject to the
courtyard between the garages being paved with a permable material.
Planning Staff Recommendation
Staff recommends the amount of the variance be reduced by narrowing the driveway and shifting the
house and that the island in the driveway be a rain garden .
COUNCIL ACTION REQUESTED
Direct Staff to draft a resolution approving or denying the variance.
CITY OF ORONO ZONING FILE #07-3293
2750 Kelley Parkway
PO Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323
952.249.4600 DATE OF NOTICE: August 21, 2007
TO: George Stickney COPIES: Bruce Paddock
201 East Lake Street Thistledor LP
Wayzata MN 55391 2700 Medicine Lane Blvd E.
Plymouth MN 55441
Mark Gronberg (by fax)
TYPE OF REQUEST: Hardcover Variances
DATE OF MEETING: August 20, 2007
Planning Commission recommended approval, subject to the courtyard between the
garages being paved with a permeable material.
IVOTE: 14 IFOR IO I AGAINST
Applicant's next scheduled meeting is tentatively*:
City Council-September 10, 2007 -Meeting starts at 7:00 pm
*Tobe on this agenda you must submit construction details for the permeable paving
material before August 30.
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Evelyn Turner at 952-249-4623.
Date Application Received: 5/23/07
Date Application Considered as Complete: 5/30/07
Extended Review Period Expires: 9/27/07
To:
From:
Date:
Chair Kempf and Planning Commission Members
Ron Moorse, City Administrator
Evelyn Turner, City Planner
August 20, 2007
Subject: #07-3293 George Stickney on behalf of Bruce Paddock,
1500 Bracketts Point Road
-Hardcover Variance
-Public Hearing
Zoning District: LR-lA (2 acres)
Lot Area: 2.84 acres
Lot Width: 1,000 feet (lakeshore)
Application Summary: The applicant requests a hardcover variance to allow 27 percent
hardcover in the 75 to 250 foot zone to provide for construction of a replacement
residence.
Sta.ff Recommendation: Planning Department Staff recommends denial.
Pertinent Zoning Ordinance Sections
Sec. 78-123. Issuances.
(a) In considering applications for variance, the council shall consider the advice and
recommendation of the board of appeals and adjustments and the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on
values of property in the surrounding area. Before granting a variance, the council shall hear
requests for variances from the literal provisions of this chapter in instances where their strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration, and to grant such variances only when it is demonstrated that
such actions will be in keeping with the spirit and intent of this chapter. The parameters
within which a variance may be granted are as follows:
(1) The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
(2) The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
(3) The variance, if granted, will not alter the essential character of the locality.
(4) Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of this chapter.
(5) Undue hardship also includes but is not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
FILE 07-3293
August 20, 2007
Page 2 of 5
construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with this
chapter.
(6) The board or the council may not permit as a variance any use that is not
permitted under this chapter for property in the zone where the affected person's land
is located.
(7) The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
(8) The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
(9) The conditions do not apply generally to other land or structures in the district in
which the land is located.
(10) The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
(11) The granting of the proposed variance will not in any way impair health, safety,
comfort or morals, or in any other respect be contrary to the intent of this chapter.
(12) The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
78-1288 Hardcover.
List of Exhibits
A. Application
B. Hardship Documentation Form
C. Hardcover Calculations
D. Existing Plat Map
E. Proposed Plat Map
F. Site Plan
G. Proposed house elevations
H. Property Owners List
I. City Engineer's Report
J. Site Plan with drainage swales highlighted by Staff
Background
This 2.84 acre lot is the result of a pending replat of Lots 1 and 3 Bracketts Point and a
portion ofBracketts Point Road. This new lot will be smaller than the current 3.72 acre lot
because land has to be added to the other lot in the new plat to create a two acre lot.
On June 18 the Commission tabled this application and requested the applicant to provide
additional information and to reduce hardcover.
LOT ANALYSIS WORSHEET
Lot Area/Width:
Required Actual
Lot Area 2 acres 2.84 acres
Lot Width 200 feet 1,000 feet (lakeshore)
Hardcover Calculations:
Hardcover Zone Total Area in Zone
0-75 67,510 s.f.
75-250 56,210 s.f.
Total for Property 123,720 s.f.
Allowed Hardcover
1,028 s.f.
1.52%
14,053 s.f.
25%
FILE 07-3293
August20,2007
Page 3 of 5
Proposed hardcover
1,028 s.f.*
1.52%
15,176 s.f.
27.00%
18,528 s.f.
* Hardcover variance granted with plat for historic cabin.
Hardcover Variances
The hardcover in the 75 to 250 zone would include 8,518 square feet for the house, 1,144
square feet for the detached garage, 4,310 square feet for the driveways, 527 square feet for
the front walk, stoop and walls, and 716 square feet for the lakeside patios. The driveways
and patios are smaller than the proposal reviewed in June.
The following compares the Applicant's lot to three various shaped 2.84 acre (123,720 s.f.)
LR-IA lots that meet the minimums for the zoning district:
Applicant's lot
540' lakeshore Brown Bay (east)
460' lakeshore Smiths Bay (west)
380' east to west at widest point
460' from cul-de-sac to point
0-75
75-250
Total
Square lot
352' lakeshore
352' depth
0-75
75-250
250-500
Total
67,510
56,210
26,400
61,600
35,904
(55%)
(45%)
(21%)
(50%)
(29%)
1,028 s.f. allowed hardcover
14,052 s.f. allowed hardcover
15,080 s.f. allowed hardcover
0 s.f. allowed hardcover
15,400 s.f. allowed hardcover
10,771 s.f. allowed hardcover
26, 1 71 s.f. allowed hardcover
Deep rectangular lot
200' lakeshore
618.6' depth
0-75
75-250
250-500
500-1000
Total
15,000
35,000
50,000
23,720
Shallow rectangular lot
400' lakeshore
309.3' depth
0-75
75-250
250-500
Total
Hardship Statement
30,000
70,000
23,720
(12%)
(28%)
(41%)
(19%)
(24%)
(57%)
(19%)
FILE 07-3293
August 20, 2007
Page 4 of 5
0 s.f. allowed hardcover
8,700 s.f. allowed hardcover
15,000 s.f. allowed hardcover
8,302 s.f. allowed hardcover
32,052 s.f. allowed hardcover
0 s.f. allowed hardcover
17,500 s.f. allowed hardcover
7,117 s.f. allowed hardcover
24,616 s.f. allowed hardcover
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code.
Issues for Consideration
In tabling this application the Commission asked for:
A. Grading and drainage plan and soil borings
The Applicant provided a grading plan acceptable to the City Engineer. No soil
borings were provided.
B. Site Plan with reduced hardcover and moving hardcover farther from the lake
Hardcover has been reduced.from 31 percent to 27 percent by reducing the size of the
driveways and patios. The location of the house is unchanged. Staff would note that
hardcover could further be reduced by narrowing driveway from 12 feet to 10 feet,
enlarging the island in the circle drive (the paved area is proposed to be 15 feet wide)
FILE 07-3293
August20,2007
Page 5 of 5
and shifting the house north west ten to 20 feet. (The 50' minimum setback shown on
the site plan is actually only required to be 30' as this is a side lot line.)
C. Detail of any Low Impact Development1 measures proposed to mitigate hardcover in
excess of 25 percent.
Through the use of vegetated swales drainage would be directed away from the
portions of the lakeshore with steep banks (see Exhibit J). The rain garden proposed
east of the sul-de-sac is for the runoff from the new Bracketts Point Road. It will not
receive any runoff from the proposed house or driveways.
Clearly the condition of having a 0-75 foot zone on three sides of this lot that comprises 55
percent of the property reduces the overall allowable hardcover as compared to lots with only
one side abutting the lake. The Planning Commission should determine whether a
reasonably sized home with reasonable amenities and driveways could be developed without
a hardcover variance. In doing this the Commission should discuss each of the relevant
parameters from Section 78-123.
If the Commission determines it would be appropriate to grant a hardcover variance the
Commission should consider if additional Low Impact Development measures to reduce
runoff and/or to improve water quality should be required to compensate for the additional
hardcover.
Are there any other issues or concerns with this application?
Staff Recommendation
If the Planning Commission finds that a hardcover variance would be warranted, Staff
recommends the amount of the variance be reduced by narrowing the driveway and shifting
the house and that the island be a rain garden.
1 Low Impact Development (LID) is an innovative stonnwater management approach with a basic
principle that is modeled after nature: manage rainfall at the source. LID uses uniformly distributed
decentralized micro-scale controls. LID's goal is to mimic a site's predevelopment hydrology by using
design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source.
Techniques are based on the premise that stonnwater management should not be seen as stonnwater
disposal. (http://www.minnehahacreek.org/lid. php)
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday ,June 18,2007
7:00 o'clock p .m.
(4.#07-3290 BENJAMIN SACHS FOR DRK FAMILY ASSOCIATION, Continued)
Chair Kempf stated that he failed to see any reason to support the application and believed the
applicant should be satisfied with the two decks they have.
Chair Kempf moved, Kroeger seconded, to recommend denial. VOTE: Ayes 2, Nays 3,
Winer, Zullo, and Kang Dissenting. The Motion failed.
Winer moved to table in order to give the owner time to redesign and recalculate his
proposal.
Sachs stated that he could not believe what he was hearing, maintaining that no one ever told him
when he purchased his home that he had to remove all of these things and that he was out of
compliance. He told the Commission to go ahead and vote on his application .
Winer withdrew her earlier motion .
Winer moved, Kroeger seconded, to recommend denial of Application #07-3290, Benjamin
Sachs for DRK Family Association, 2523 Kelly Avenue. VOTE: Ayes 5, Nays 0.
NEW BUSINESS
5. #07-3193 GEORGE STICKNEY FOR BRUCE PADDOCK, 1500 BRACKETTS
OINT ROAD, VARIANCE
Turner pointed out that the applicant has requested a hardcover variance to allow 31.13 %
hardcover in the 75-250 ' zone to provide for construction of a replacement residence. She
explained that this lot was created by a plat that is a replat of two lots and a street that had shifted .
the roadway away from the lakeshore. The other lot is divided by the new road into a .53 acre
parcel and 1.4 7 acre parcel, so land was taken from the original lot to make the other lot 2 acres .
She shared comparisons of the applicant's lots to three various shaped lots that meet the minimum ·
for the zoning district and went on to explain that, clearly, having a 0-75 ' zone on three sides that
comprises 55% of the property reduces the overall allowable hardcover as compared to lots with
only one side abutting the lake. She encouraged the Commission to consider whether a reasonably
sized home with reasonable amenities and driveway could be developed without a hardcover
vanance .
Turner stated that staff recommends denial of the variance as reasonable use of the property could
be made without the hardcover variance and the impact of the variance would be increased because
most of the hardcover lies within 150' of the lake and most of the runoff would directly run to the
lake through a limited portion of the 0-75 ' zone setback.
George Stickney, 2590 Countryside Drive, representative of Bruce Paddock, stated that the
proposal would reduce the hardcover in the 0-75 ' zone by 13 ,000 s.f. He maintained that is there
were ever a hardship lot, this was it , as it is one of merely five point lots within Orono and
surrounded by water on three sides. With 1,000 feet oflakeshore and a width of no more than 250'
anywhere on the site , Stickney maintained that the applicant would be allowed to build a more
PAGE4 of8
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p.m.
(5. #07-3293 GEORGE STICKNEY FOR BRUCE PADDOCK, Continued)
significant home anywhere else in Orono on a smaller lot, as the comparisons within the packet
show.
Kroger stated that the plan seemed to be designed to be as close to the 75' zone as possible. He
questioned whether the garage could be placed back further on the site near where the existing pool
is situated currently.
Stickney stated that they were considering putting in rain gardens near the pool area once it is
removed. With regard to the garage placement, Stickney stated that the neighbors had expressed
their desire that the home, and its amenities, be kept low profile, closer to ground level, so that it
does not appear overpowering from the lake or street. He pointed out that they were preserving the
bluff and improving the current situation, in which the home encroaches significantly into the 0-7 5'
zone.
Gaffron stated that, it would be fair to say, that the current proposal does not reflect the finished
site plan or grading plan. He pointed out that if the garage was added where proposed the applicant
would be filling in a low area. He indicated that the applicant was looking for more direction at this
time and whether the Commission felt this to be a reasonable plan or if there were ways he could
mitigate the hardcover.
Charles Hanesworth, Charles Cud Homes, stated that the applicant would be generating a
tremendous amount of fill from excavating the basement for the house; therefore, the amount of fill
necessary to bring in might not be as high as estimated.
Zullo stated that she did not believe there was a hardship for this lot, as it was part of a large piece
of property prior to the division, which the applicant created and imposed upon himself. As the
hardship was made or created by the applicant by adding the roads and cul-de-sacs for the
adjoining lots, Zullo felt the applicant must work within the guidelines of this newly formed lot.
She stated that she would vote to deny the applications request.
Chair Kempf questioned the need for so much driveway hardcover. He felt there was a tremendous
amount of unnecessary hardcover. While the point lot is a hardship, Kempf felt the applicant could
make reasonable use with less hardcover.
Kroger concurred.
Winer stated that she believed the hardcover was too high, but that she did not have enough
information to make an informed decision. She suggested the applicant do more soil testing and
stated that she would not be surprised if the grading work proved to be more than the applicant
recognized.
Stickney stated that the lot has good soil and that he would bring the proof to attest to it at an
upcoming meeting.
Chair Kempf asked if the Commission had more direction for the applicants.
PAGE 5 of8
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, June 18, 2007
7:00 o'clock p .m.
(5. #07-3293 GEORGE STICKNEY FOR BRUCE PADDOCK, Continued)
Zullo reiterated that, although the lot may be difficult, it was created by the applicant and she had
little empathy towards granting a variance in this circumstance . She believed the applicant knew
what he was keeping and what the guidelines were.
Stickney maintained that, at the time of the preliminary plat, the applicant had proposed a home of
this size for the lot and was not informed that this would not be appropriate.
Hanesworth pointed out that the term 'reasonable use' can mean different things to different folks.
Kroger stated that he was unsure whether hardship existed to warrant this or not but felt he needed
more information, that a garage poised at the edge of the 0-7 5' zone is inappropriate, and that there
was too much driveway proposed.
Winer stated that she was not concerned by the size of the proposed home , noting that the lot
commands it, but felt the driveway may be excessive.
Stickney pointed out that there is no other lot like this, as noted by staffs own comparisons. He
hoped they could work together towards a fair compromise.
Zullo reiterated that she was never in favor of subdividing these lots.
Chair Kempf summarized by stating that they would be tabling for more information, a large
reduction in hardcover, grading plan, and resituation of the home and garage. He asked the
applicant whether he felt he had been given adequate direction.
Stickney stated that he had been supplied with enough direction, but maintained that he believed
this lot met the hardship requirements, as there are only five points in all of Orono, and that they
could build more home on any other lot on Lake Minnetonka with the same acreage.
Chair Kempf moved, Kroger seconded, tabling Application #07-3295 George Stickney on
behalf of Bruce Paddock, 1500 Bracketts Point Road, for redesign, more information with
regard to drainage and grading plans, and a large reduction in hardcover. VOTE: Ayes 5,
Nays 0.
6. #07-3296 TERRY AND SUZANNE JOHNSON, 543 PARK LANE, SIDE SETBACK
V1\RIANCES
Curtis reported that the applicant was requesting a side setback variance to allow 2' roof overhangs
where the code allows a 1.5' overhang as a non-encroachment; and a side setback variance to allow
the proposed entrance staircase to encroach 2' into the required 10 ' side yard setback.
Curtis noted that staff recommended approval of the variance to allow the roof overhang but would
recommend the Planning Commission discuss the request to allow the 2 ' encroachment for the
entry stair as it is purely an aesthetic feature. She explained that through the building permit review
it came to her attention that the original front entry stairs had an angled portion which encroached
into the side yard setback which was not shown on the approved survey but was on the original
plans approved by the City. ·
P AGE,,2-of 8
-5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
(#06-3243 Richard Marzan, 2795 Pheasant Road, Continued)
Kroeger moved, Rice seconded, Application #06-3243, North Shore Gardens on behalf of Richard
Marzan, 2895 Pheasant Road, to recommend approval of the revegetation plan subject to
compliance with the City Engineer's comments, and to deny the additional hardcover being
requested, with the exception of the replacement of the retaining wall, not to exceed the current
width of the wall. VOTE: Ayes 3, Nays 1, Kempf Opposed.
4 . #07-3293 BRUCE PADDOCK, 1500 BRACKETTS POINT ROAD, VARIANCE, 7:19
P.M. -7:38 P.M.
George Stichney, Developer, and Bruce Paddock, Applicant, were present.
Turner stated the applicant is requesting a hardcover variance to allow 27 percent hardcover in the 75-
250 foot zone to provide for construction of a replacement residence. This application was before the
Planning Commission in June, with the application being tabled to allow the applicant to supply
additional requested information and with direction to reduce the amount of hardcover being proposed .
The applicant has reduced the hardcover from 31 percent to 27 percent by reducing the size of the
driveways and patios . The grading plan is acceptable to the City Engineer and the location of the
proposed house is unchanged. Staff would note that hardcover could further be reduced by narrowing
the driveway from 12 feet to 10 feet, enlarging the island in the circle drive , and shifting the house
northwest 10 to 20 feet.
Staff also noted that through the use of vegetated swales , drainage would be directed away from the
portions of the lakeshore with steep banks. The rain garden proposed east of the cul -de-sac is for the
runoff from the new Bracketts Point Road and will not receive any runoff from the proposed house or
driveways.
Stichney noted they will have considerably reduced the amount of hardcover overall on this lot from
what exists now, particularly in the 0-75 foot zone and the 75-250 foot zone. Stichney noted they are
asking for less than half of the hardcover that they would be allowed on this lot if it were a typical lot.
Stichney stated based on the unique shape of the lot, a hardship exists for the variance .
Stichney recommended the City's ordinances regarding hardcover be revisited, especially given the
impact it has on the resale price and the tax dollars that could be generated from the improvements.
Chair Kempf opened the public hearing at 7:29 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 7:29 p.m.
Winer noted the issues with the 0-75 foot zone have been addressed, and that given the unique shape of
the lot, she is not opposed to the variance.
Kroeger inquired whether the cabin would remain.
PAGE7
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
(#07-3293 Bruce Paddock, 1500 Bracketts Point Road, Continued)
Stichney stated it has been approved .
Rice indicated she also does not have a problem with the variance.
Kempf concurred that it is a hardship lot but that he would like to see the patio and sidewalk materials
be constructed with a pervious paver. Kempf stated the amount of hardcover would remain the same
but portions of the hardcover would be constructed out of pervious material.
Stichney indicated he does have some experience with pervious pavers and that the pervious material
should be installed on level ground . Stichney suggested that the court yard area between the garages be
constructed with pervious pavers since that is a flatter, open area.
Curtis requested engineering specifications be provided to the City on the pervious pavers.
Paddock stated he would not be opposed to utilizing pervious pavers in the court yard area.
Stichney noted the pervious pavers need to be brushed or swept regularly to keep leaves off of it, and
that if the decks were constructed with the pervious pavers, it would require the removal of the deck
furniture and other items , which would not be necessary with the court yard area.
Kempf stated he is fine with that section being constructed out of pervious pavers rather than the patios
and sidewalks.
Rice moved, Kroeger seconded, to recommend approval of Application #07-3293 , George Stickney
on behalf of Bruce Paddock, 1500 Bracketts Point Road, granting of a hardcover variance, subject
to the condition that the court yard area between the garages be constructed with pervious pavers.
VOTE: Ayes 4, Nays 0.
NEW BUSINESS
5. #07-3305 JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD, VARIANCE , 7:38 P.M. -
8:20P.M.
Peter Jacobson with Lake Country Builders and Gregg Graten, Architect, were present.
Curtis stated the applicant is requesting hardcover and lake setback variances in order to construct
additions to the existing home. The property is located on a peninsula of land, with almost the entire lot
being located within the 75 foot setback. Additions were constructed to the home in 1991.
The applicant is requesting variances to allow lakeward and upward structural expansions of the existing
home. Since over 99 percent of the property is located within the 75 foot setback area, the property
cannot be built on without variances. The existing home is approximately 25 feet wide and 75 feet long.
The expansions being proposed will almost double the width and add nearly 15 feet in length . The
project also would bring the structure closer to the lake on all sides.
PAGES
CITY of ORONO
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P.O . BOX66
CRYSTAL BAY, MINNESOTA 55323
38 I 1-117-23 33 0004
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City of Orono fl 3 2 9 3 "(hfob ,,,
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main : 952-249-4600
fax : 952-249-4616
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Application # OJ -3 -z_q 3
Date Received : S/23/ 07
Amount Paid :~ loct:> . co
Staff : e. --,-~+-------
Fee : $600 --------Renew a I: $300 --------A ft er -the-fact: $1 ,200 Double Fee
This application form must be completed in full . Applicant will be notified within 15 days as to the status of the
application . Incomplete applications will not be placed on Planning Commission Agendas.
______ ;ri
OWNER INF iP lete legal names and marital status required for each interested party)
DESCRIPTION OF REQUEST:
Describe the request in detail (attach additional sheets if n . -tor
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed .
llJ Pre-Application Meeting Form, completed by a City Planner.
1251 Completed Application Form
~ Completed Hardship Documentation Form
~ Certified Property Owners List-owners within 150' of the subject property , labels and plat map .
List, labels and map may be obtained from Hennepin County Department of Finance ,
Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910
~ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements
listed within this packet, including hardcover calculations . Two original (scaled) versions and
provide one copy 8.5" x 11 " or 11 " x 17" for reproduction.
'0 Completed ha r dcover calculation worksheets (as provided within the variance packet).
iZI Topographic survey -including existing and proposed elevations , and proposed grading and
drainage. *For lakeshore properties the contours should be shown extending 50' into the
adjacent properties. Provide one copy 8.5" x 11" or 11 " x 17" for reproduction.
'81 Sketches or plans of floor and elevation views (two scaled and one copy 8 .5" x 11 " or 11 " x 17").
* For "rebuild " or "remodel " projects the applicant should provide an additional elevation plan
illustrating the proposed addition/new home envelope overlapping the existing . Additionally, all
setbacks should be shown three-dimensionally on the elevation drawings. *see staff for more
information.
□ For rebuild and remodel projects a neighborhood perspective eley13 tion view may ge r equired .
*see staff for more information on this requirement. /vQ. l 9L.bu,,. co.,Jt S-12-v p.rupv--fy. OJVl '(. L □ Additional items may be requested by City Staff depending on the scope of the project. * µe.,j, Uf II,
I l( &cJ (;) r a CFf f.tI'
APPLICANT'S ACKNOWLEDGEMENT: f l .,/4)
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered in the 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. The applicant recognizes that he/she is solely
responsible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of its potential merit.
Applicant's Signature : ---.,C-/4--~,f---AI-. --."'T-l---------Date :
Applicant's Signature : 7 ~ Date:
OWNER'S ACKNOWLE_D_G_E_M_E_N-T-: _,__7~------
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City taff, consultants , agents , Commission & Council Members for
purposes of investigation and veri ation of this request.
Owner's Signature :
Owner's Signature :
Applicant must have all submittals into the City offices 25 days before the Planning Comm ission
Meeting . Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner
assigned to your project.
#3293
I
#3293
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting .*)
Street Address:
2750 Kelley Parkway
Orono , MN 55356
Main: 952-249-4600
Fax: 952-249-4616
Mailing Address:
P.O . Box 66
Crystal Bay , MN 55323-0066
For Office Use Only :
City Planner : -e.. -r
Meeting Date/Time: --~~~~-----
PC Date : o/ IB(o J
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create
opportunities or problems for the proposal.
DESCRIPTION OF REQUEST:
□ Average Setback
ta Hardcover
□ Other:
D Side Yard Setback D Rear Yard Setback
D Lot Coverage D Lot Area
D Front Yard Setback
□ Lot Width
Applicant~'s HARDSHIP: Applicant has received the Hardship Documentation Form,
Initials: understands it as it has been explained to them , and is aware that it must ~----=-~--
be completed and submitted in conjunction with their formal variance
application .
OTHER INFORMATION:
c) -F
#3293
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
i (we) ~,e f ~ c//-e,t-p£tc«. of llf@ ~ra-IJ1,q:~
[print name(s)] [print address]
have revi~we th· p sns or the proposed improvement or proposed use of the property located at
SC>o D c:. also referred to as Land Use Application No . ____ .
-(F(MJtvfJ
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires ;~
Property Owner
s/4 ~/cl 7
Date 7
~u:' ~ -s:/zz,/ 07
Property Owner Date
*************************************************************************************************************
I (we) ~~~;(_ ~Ce__ ~t Jcfrv ~~--k:::~JLG ( lj ~r ~).
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
__________ also referred to as Land Use Application No . ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date .
#3293 Page 1 of 3
HARDSHIP DOCUMENTATION FORM
This form is a required submittal for ALL variance applications . An application
will not be considered complete or placed on any meeting agendas until this form is
complete and submitted to the City.
Minnesota State Statutes Section 394 .27, Subdivision 7 requires that a hardship be
demonstrated in order for a variance to be granted. The hardship must be unique to the
property as variances run with the land and not the land owner. Personal and economic
situations are not considered valid hardships. In order for an application to be heard by
the Planning Commission and City Council a hardship having merit must be
demonstrated .
HOW DO I PROVE A HARDSHIP?
This form has 12 points outlining the bas is City staff uses to determine if a hardship
exists and how the variance will affect the surrounding community . To prove a hardship,
address all the relevant points listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the
va riance is justified. The information the City receives is what is used in determining a
denial or approval recommendation. If you leave something out it will not be considered.
Please address each of these hardship criteria as they relate to the request (some may
not apply):
1. "The property in question cannot be put to a reasonable use if used
condition ,; allowed by th,1 official controls ." ~~ si.c Q. -r, ~ ,s Io f ~
La
2 . "The plight of the landowner is due to circumstances unique to his property not
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#3293 Page 2 of3
"Undue hardship also includes, but is not limited to, inadequate access to direct
sunlight for solar energy systems . Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116J .06 , Subd . 2 , when in
harmony with this Chapter."
"The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not permitted under this Chapter for property in the zone
where the affected person's land is located ."
'The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling ."
"The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the ap licant."
i_,,.._,;/,,. . e_
"The granting of the proposed variance will not in any way impair health , safety ,
comfort, morals , or in any other respect be contrary to the intent of the Zoning
Code ." _/
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#3293 Page 3 of 3
12 . "The granting of such variance will not merely serve as a convenience to the
applicant, but is necessa f o alleviat~ demonstrable h r rdship Of difficu }ty."
N ,.r I/~{" I Qi.;v u.. w I ti /V (' lo. 'L
Hardsh ip Statement
Should you feel the hardship cannot fully be described in the above criteria, describe the
unique hardship , practical difficulty or unusual property conditions preventing compliance
with Zoning Ordinance requirements in the following lines (attach additional sheets if
necessary):
#3293
March 22, 2007
City of Orono
Reasons for Hardcover Variance for
1500 Bracketts Point Road
We are asking that the total allowable hardcover within the 75'-250' zone be raised from
14,061 square feet to 17,500 square feet for this site of 2.84 acres. Having 1,000 square
feet of lakeshore and being shaped like an arrowhead or peninsula is a huge disadvantage
to the few point lots located in Orono, because Orono hardcover ordinances does not
allow dry buildable ground within 75' of the lake to be counted in the calculations needed
for hardcover purposes.
1500 Bracketts Point
2.84 acres
75'-250' area 56.245 square feet= 1.29 acres (45% of the lot)
0'-75' area 67,450 square feet= 1.55 acres (55% of the lot)
On a per acre basis, 1500 Bracketts Point receives the least amount of hardcover per acre
because of its shape and requires the longest driveway using hardcover to access home.
1. How did 17,500 square feet come about?
Answer:
a. it is 3,439 square feet more than code allows
b. this lot necessitates an additional minimum of 200+ feet of driveway
length to access ideal site and also tum around for safety
c. 200' x 75' = 15,000 square feet x 25% = 3,750 square feet
d. by asking to forgive 200' oflake frontage of 1,000 total lake front feet
from the 0'-75' regulation was the fairest and sensible way to ask for a
once and for all times variance to balance the allowable hardcover with all
the Bracketts Point neighbors and/or lots
See example Orono Point or peninsula lots attached, all of which are over hardcover set
back ordinances due to their shape and our ordinance.
All other cities surrounding Lake Minnetonka allow at least 25% hardcover for the total
area of land. 2.84 acres at Bracketts Point would, in any other city, be allowed 30,927
square feet of hard cover. Asking for 17,500 square feet is reasonable, especially with the
over all enhancements and reduction of hardcover in the 0'-75' zone and cleaning up all
set back encroachments existing. We are reducing over 13,250 square feet of hardcover
in the O' -75' zone per this lot line rearrangement and preliminary plat application.
-1
I
I
I
<~
~ -: .-----·
LAKE
SMITHS BAY
~
CF"TIFICATE OF SURVEY AND
,. \ PR JSED LOT DIVISION FOR
\\ BRUCE PADDOCK
\,.. \ . OF LOTS 1 & 3, BLOCK 1, BRACKETTS POINT
3:) / ,,."J r_;., HENNEPIN COUNTY, MINNESOTA ~:✓ --:'Z -z;;
0 -""~ ......-.:;)
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-17 ".°,.).---'"' _, #3293
BROWN'S
BAY
oj
~60'1) + . 'A
SCALE IN FEET "' e .... " 'r• .. / .· Ls f_, \ _,1
LEGAL DESCRIPTION or PREMIS(S: '-.... "'J ~ . I '
Lots I ond 3. Block l. 8RACl((TTS PO...r d. '•}1 l.°W, 4cc,
•• _,0 , •• _,., 0--rSI ''7,'t.$U~. 'l;"~/ 0"1' a
. _,,,_, . denotes ex;,1;ng conlou,-1;ne,.,. .. I•~-...... , .,,, .. u,,,. --+ ,1-.•w,-t•,~· ~ A 10 .. ,~
Beonngs shown me based upon on ofuiil, ,,_.... V ... j 6a ,~ , .... ~~l\li _ ., ...
This svrvey show5 the bow:idories of the above described property,
\he location of seven existing buildings, and the proposed loco!ion
of o proposed dividing line th~eon. It does not purport lo show
ony other improvements or encroachments.
Hennepin County Property Map _ .nt Page 1 of2
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disdosed by an accurate survey perfonned by a licensed
land surveyor. The perimeter and area (square footage and acres} are approximates and may contain discrepancies. The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not respansible for any misuse or misrepresentation of this information or its derivatives.
Parcel ID: 05-117-23-43-0002
Owner Name: R H GREENE & J E PICCARD
Parcel Address: 865 PARTENWOOD RD , ORONO, MN 55356
Property Type: RESIDENTIAL LAK
Homestead: HOMESTEAD
Area (sqft): 47102
Area (acres): 1.08
A-T-B: TORRENS
Market Total: $1,745,000.00
Tax Total: $15,494.44
Current Parcel Date: 02/26/2007
Sale Price: $420,000.00
Sale Date: 12/1985
Sale Code: WARRANTY DEED
http://,vwwl3.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0511723430002 3/21/2007
Hennepin County Property Map ,nt Page 1 of2
. • ·:c ,·.·--o.·. ="'-"'"' ·-,=------------:·c~_,02=,-TI
Hennepin County Pr~p~;ty Map -Tax Year: :! -~ · -7 ~•
The data contained on this page 1s denved from a compilation of records and maps and may contain discrepanoes that can onty be dJSClosed by an accurate survey performed by a licensed
land surveyor. The perimeter and area (square footage and acres) are approximates and may contain d1screpanc1es. The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of matenal herein contained and 1s not responSlble for any misuse or misrepresentation of this mformat1on or its denvat1ves.
H Selected Parcel Data
Parcel ID: 18-117-23-41-0001
Owner Name: G L &. S L MILLIREN
Parcel Address: 1991 FAGERNESS POINT RD , ORONO , MN 55391
Property Type: RESIDENTIAL LAK
Homestead: HOMESTEAD
Area (sqft): 25258
Area (acres): 0.58
A-T-B: BOTH
Market Total: $1,391,000.00
Tax Total: $12,814.64
Current Parcel Date: 02/26/2007
Sale Price: $629,000.00
Sale Date: 05/1997
Sale Code: WARRANTY DEED
http://wwwl3.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=l 811723410001
!
3/20/2007
Hennepin County Property Mai-int Page 1 of2
;:-c:;c:;;;;;.·.,;=,-=:'"''"';;"'." ;;;·c,cc·;,c;c;.. ·:·,; •;·: ., ;·.cc··;·;c.·c;•;.;:c-;; ,c;:;;;;;;;c:;-·;,;;, .. ,,,,.,,., '' ,,,,,,, ,,; • ,,,,,,,,-,, .. ; •. , .. '": .• "~·.:"""*"'-""Z":9'':A'·-·,·: _ ::'~"'"'"'=n
Hennepin County Property Map -Tax Year:,:iog, ·-c.. 7
The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed y a licensed
land surveyor. The perimeter and area {square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purpcses
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of thiS jnformation or its derivatives.
Parcel ID: 16-117-23-22-0004
Owner Name: DENNIS D ANDERSON
Parcel Address: 1720 BOHNS POINT RD, ORONO, MN 55391
Property Type: RESIDENTIAL LAK
Homestead: HOMESTEAD
Area (sqft): 83399
Area (acres): 1.91
A-T-B: TORRENS
Market Total: $3,886,000.00
Tax Total: $28,406.02
Current Parcel Date: 02/26/2007
Sale Price: $422,500.00
Sale Date: 05/1980
Sale Code:
http://www 13 .co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID= 1611723220004
•
3/20/2007
1J f?~uc.t!:'.. PA-oooc,, ~ Br<~l[;1
i-lfl-Q1 '7.f!..fi A Jf,/o Cll .t/./(;€
HARDCOVER CALCULATION WORKSHEET Lorz., l'C E:-.:_hib1t C
SETBACK ZONE: (CIRCLE ONE) @ 75-250' 250-500' · 500-1000'
EXISTING HARDCOVER IN ZONE
House 6H3 tH)! U:H ,.JGi,.
A. X = S.F. -AT s ... 1o(<E. Length Width
X = S.F.
X = S.F.
B. Garage X -S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S;F.
E .. Patio/Deck X = lSI S.F.-P£hJF,'.R ~-r,o
X = I qs-S.F . ..-G,Jut:, ,p,4 no
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining X = S.F.
Walls C,()NC.
/ ~o ftJ<J. ' z_q b't . ~T!PS € H. Other -SPIL-1..-WA'( X \ 4-S1f(P:; 2.1 -OOC,IL = S.F.-c,,Mc, ·
TOTAL HARDCOVER IN ZONE \0'2-6 S.F. A
TOTAL PROPERTY AREA IN ZONE 67. S'lO S.F. B
A B 67 S-10 X 100 " l, 52. % + =
PROPOSED HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk. X = S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. Retaining X = S.F.
Walls
H. Other X = S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A + B X 100 = %
~ BRM..\J.e"Jr's Pouv r
-i-«o-o, z.t.!ii Aoo11111.-v
SETBACK ZONE:
HARDCOVER CAL~ION WORKSHEET 1 -1 8 I
(CIRCLE ONE) 0-75' ~ 250-500' · 500-1000' '-'VI I t.Oa""
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
A ______ + B
PROPOSED HARDCOVER IN ZONE
A. House
Length
X
X
X
B. Garage ______ x
C. Driveway ______ x
X
D. Sidewalk. ______ x
X
E. Patio/Deck \ 50 == N 'L '< fAT,o x
142.:: Sffe'l-Y 'Pf{T/0 x
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
A 15 I 7b + B
=
Width
=
=
=
=
=
=
=
=
=
=
=
=
=
______ S.F.
______ S.F.
------S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ s:F.
______ S.F. A
______ S.F. B
X 100 = %
=
Width
=
't-0-s, () [. =
=
=
=
=
=
'?44--McL'f PATIO . =
80-S'i...Y PA'iiO =
=
=
=
=
=
f'IWP0SE'.O _--1B=2=6=--9,L.__ S. F. -HovsE-
. sc.~c:Er-1 ---='l-=-0_,_<q ___ S. F. -Po(<c..tt
_ ____:'2.c.._7~'"----S. F. -ST C'O PS
11 ~LLL SF _DE'.rAC..H€:_0 _ __,___,_:r:.-.J::i..~--· · e..A!Vl6.t;.
--'4....,3e.;;.B=O ___ S.F. ~ OR11Jf,'.:,.VAf
______ S.F.
----=-' -=-' '=----S. F. -UJ AUl ______ S.F.
__ g.q-'-'--4:_,___ s. F .-N't. Y Pt<ruo 's
---===z=z.=z..=---s.F.--,S't..Y P.ln·10 ·,
______ S.F.
______ S.F.
______ S.F.
----'--14_6.;c__ __ S. F .... WA L.L.)
______ S.F.
· I') t 7 6 ·· S.F. A
~,'ll D S.F. B
51, '2..10 X 100 = 1 27, 00 %
Hennepin County Variance Mai:
PC bhibit D
11-111-23-32 (20) I 11-111-23-31
-·-·-·-·-·-·-·-·-·-·-·-·-r ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
I
I
·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-r·-·-·-·-·-·-·-·-·-·-·-·-·-·-·
14-117-23-22 14-117-23-21
Parcel Information:
Parcel ID:
Owner Name:
Parcel Add res s :
Date Printed:
#3293
Buffer Size:
http://bugle/MailingLabels/popMap.aspx?LayerID=94&0bjectID= 195099, 195097 &Buff... 05 /21 /2007
LAKE
SMITHS BAY
H:-J--i_Jo
SCALE IN FEET
LEGAL DESCRIPTION OF PREMISES :
Lols l and .3, Blocl< 1, BRACKETTS POINT
o ; denotes iron marker
•-en-: denotes existing contour line, mean seo [eve! dolum
Bearings shown ore based upon on ossumed datum.
This survey shows the boundaries of the above described property.
the focollon of seven existing buildings, end the proposed !ocotlon
of a proposed dividing line thereon. !t does not purport to show
any other improvements or encroachments. ·
CERTIFlt..1-,.fE OF SURVEY AND
PROPOSED LOT DIVISION FOR
BRUCE PADDOCK
OF LOTS 1 & 3, BLOCK 1, BRACKETTS PC
HENNEPIN COUNTY, MINNESOTA
BROWN'S
BAY
REc1::111eo
MAR 2 3 2007
C17y OF ORONO
re E,hibt1 E
"' \ "'
CERTIFICATE OF SURVEY FOR
BRUCE G. PADDOCK
OF LOT 2, BLOCK 1, BRACKETTS POINT 2ND ADDITION
HENNEPIN COUNTY, MINNESOTA
1
I")
L
PROPOS£D RAN GARDEN
\
E.OF.,.,942.00
TOP OF BERM=943.20 __--
NWL•939.00 --'~. HWL•940.~
l-------
' "' "'
LAKE
MINNETONKA
SMITH BAY
LEGAL DESCRIPTION OF PREMISES :
Lot 2, Block 1, BRACKETTS POINT 2ND ADDITION*
• PLAT HAS NOT BEEN RECORDED YET
o : denotes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
!910.el: denotes proposed spot elevation, mean sea level datum
-917-: denotes existing contour line, mean sea level datum
~: denotes proposed contour line, mean sea level datum
Bearings shown ore based upon on assumed datum.
This survey shows the boundaries of the above described property,
the location of on existing building to remain, on existing pool, pool
patio, walls near the pool, and two existing buildings to be removed,
and the proposed location of a proposed house, garage, driveway,
and patios thereon. It does not purport to show any other
improvements or encroachments.
REVISIONS DESGIEl I hereby certify that this pion, specification, or report
7~~~ BY DAIVEWAV ,i PATIO'S fl£\IISED, WAUS ~ DRAWN :~J fh~tr~«:n b~ ~fy ~g~~:~~d mliv~irE~:in~'rre~v~d10l~nd
Surveyor under _the_. laws of the State of Minnesota.
l----f---1-----------------1 CIEQ(EI) I ., <""'!~ 4'. • ~'--•om I
PROJECT
LAKE
MINNETONKA
BROWN'S
BAY
PROPOSED ELEVATIONS
1) Goroge = !952.7!
2) Detached Garage = !952.7!
3) Top of foundation = !953.0l _, r:
4) Basement = I 942.5 I ~:
-_..7
GRONBERG & ASSOCIATES, INC.
1 . ........ 1 r , ~ CIVIL ENGINNERs. LAND SURVEYORS. LAND PLANNERS
n~-~. • 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356
952-473-4141
PC b:hibitH
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax651-636-1311
www.bonestroo.com
#eonestroo
July 17, 2007
Ms. Evelyn Turner
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: 1500 Bracketts Point Road
File No. 000139-07000-1
Plat No. 07-3293
Dear Evelyn:
We have reviewed the survey for the proposed home at 1500 Bracketts Point Road, dated 7-10-07. We
have the following comments with regards to engineering matters:
• The applicant has addressed previous engineering comments from our Drainage Review Memo
dated 7-3-07 associated with the Plat review for this property.
• An engineered retaining wall design must be submitted for review for the proposed walls at the
northeast corner of the house.
• According to the development agreement, 15 foot drainage and utility easements are required
along the cul-de-sac. This plan should be revised to reflect this.
• There is minor grading within the 75 foot lake setback associated with the removal of existing hard
cover and directing drainage away from the steep slopes to the lake.
If you have any questions, please call me at (651) 604-4894.
Yours very truly,
BONESTROO
Darren Amundsen
Cc: Tom Kellogg
'\
\ '\
CERTIFICATE OF SURVEY FOR
BRUCE G. PADDOCK
OF LOT 2, BLOCK 1, BRACKETTS POINT 2ND ADDITION
HENNEPIN COUNTY, MINNESOTA
1
\
'\
"' "' .
N 00°36' 54" t _)
35.41 ·'l-(\
f")
L
PROPOSED RAN GARDEN
\
E.0Fa942.00
TOP Of BERM=943.20 --
NWL.•939.00 ---',, HWL.•940.~
1--------
\_ '\ '\
LAKE
MINNETONKA
SMITH BAY
LEGAL DESCRIPTION OF PREMISES :
Lot 2, Block 1, BRACKETTS POINT 2ND ADDITION*
* : PLAT HAS NOT BEEN RECORDED YET
o : denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
1910.8!: denotes proposed spot elevation, mean sea level datum
-917-: denotes existing contour line, mean sea level datum
--lfilH}--: denotes proposed contour line, mean sea level datum
Bearings shown ore based upon on assumed datum.
This survey shows the boundaries of the above described property,
the location of on existing building to remain, on existing pool, pool
patio, walls near the pool, and two existing buildings to be removed,
and the proposed location of a proposed house, garage, driveway,
and patios thereon. It does not purport to show any other
improvements or encroachments.
REVlSJDNS DE"""'° I hereby certify that this plan, specification, or report
DATE BY REMARKS was prepared by me, or under my direct supervision.
1-1o-o7 DIIVEWAY • PAllO"s REWED. wAUS ADDED DRAWN and that I om o duly registered Civil Engineer and Land
Surveyor under _the_. laws of lhe State of Minnesota.
a£CKFD I .. ,<~«_<(£ .. ~c-< r;. --..... -..... I
PROJECT
~
j
~
V)
E
~
~
lo
LAKE
MINNETONKA
BROWN'S
BAY
PROPOSED ELEVATIONS :
1) Garage = !952.7!
2) Detached Garage = !952.7!
3) Top of foundation = !953.0! ,--:
4) Basement = i942.5i ,..
GRONBERG & ASSOCIATES, INC.
I . ";; 11 • II, CIVIL ENGINNERS. LAND SURVEYORS, LAND PLANNERS
n.::"'aa< .. 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356
952-473-4141
PC E,hibit G
f6i£#
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
CC , Exhibit C
Marzan commented he plans to reside in Orono for the rest of his life and that he wants to comply with
what the City of Orono is recommending for this property.
Kempf stated the vegetation removal would likely be approved, with the stairway left as is, and 180
square feet of deck being allowed.
Kroeger stated he would be inclined to consider replacement of the existing retaining wall but that he
would not be in support of expanding it.
Kempf noted a plan would be required if the retaining wall is replaced.
Kroeger moved, Rice seconded, Application #06-3243, North Shore Gardens on behalf of Richard
Marzan, 2895 Pheasant Road, to recommend approval of the revegetation plan and to deny the
additional hardcover being requested, with the exception of the replacement of the retaining wall,
not to exceed the current width of the wall. VOTE: Ayes 3, Nays 1, Kempf Opposed.
4. #07-3293 BRUCE PADDOCK, 1500 BRACKETTS POINT ROAD, VARIANCE, 7:19
P.M. -7:38 P.M.
George Stichney, Developer, and Bruce Paddock, Applicant, were present.
Turner stated the applicant is requesting a hardcover variance to allow 27 percent hardcover in the 75-
250 foot zone to provide for construction of a replacement residence. This application was before the
Planning Commission in June, with the application being tabled to allow the applicant to supply
additional requested information and with direction to reduce the amount of hardcover being proposed.
The applicant has reduced the hardcover from 31 percent to 27 percent by reducing the size of the
driveways and patios. The grading plan is acceptable to the City Engineer and the location of the
proposed house is unchanged. Staff would note that hardcover could further be reduced by narrowing
the driveway from 12 feet to 10 feet, enlarging the island in the circle drive, and shifting the house
northwest 10 to 20 feet.
PAGE9
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
1B.-tl:d:ditioo, Staff feel& that through the use of vegetated swales, drainage would be directed away from
the portions of the lakeshore with steep banks. The rain garden proposed east of the cul-de-sac is for the
runoff from the new Bracketts Point Road and will not receive any runoff from the proposed house or
driveways.
Wl I
Stichney noted they have considerably reduced the amount of hardcover overall on this particularly
in the 0-75 foot zone and the 75-250 foot zone. Stichney noted they are asking for less than half of the
hardcover that they would be allowed on this lot. Stichney stated based on the unique shape of the lot, a
hardship exists for the variance. 11 {-I~ (;c)<UL A l
Stichney recommended the City's ordinances regarding hardcover be revisited, especially given the
impact it has on the resale price and the tax dollars that could be generated from the improvements.
Chair Kempf opened the public hearing at 7:29 p.m.
There were no public comments regarding this application.
Chair Kempf closed the public hearing at 7:29 p.m.
Winer noted the issues with the 0-75 foot zone have been addressed, and that given the unique shape of
the lot, she is not opposed to the variance.
Kroeger inquired whether the cabin would remain.
Stichney stated it has been approved.
Rice indicated she also does not have a problem with the variance.
Kempf concurred that it is a hardship lot but that he would like to see the patio and sidewalk materials
be constructed with a pervious paver. Kempf stated the amount of hardcover would remain the same
but portions of the hardcover would be constructed out of pervious material.
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
Stichney indicated he does have some experience with pervious pavers and that the pervious material
should be installed on level ground. Stichney suggested that the court yard area between the garages be
constructed with pervious pavers since that is a flatter, open area.
Curtis requested engineering specifications be provided to the City on the pervious pavers.
Paddock stated he would not be opposed to utilizing pervious pavers in the court yard area.
Stichney noted the pervious pavers need to be brushed or swept regularly to keep leaves off of it, and
that if the decks were constructed with the pervious pavers, it would require the removal of the deck
furniture and other items, which would not be necessary with the court yard area.
Kempf stated he is fine with that section being constructed out of pervious pavers rather than the patios
and sidewalks.
Rice moved, Kroeger seconded, to recommend approval of Application #07-3293, George Stickney
on behalf of Bruce Paddock, 1500 Bracketts Point Road, granting of a hardcover variance, subject
to the condition that the court yard area between the garages be constructed with pervious pavers.
VOTE: Ayes 4, Nays 0.
NEW BUSINESS
5. #07-3305 JAMES ZIMMERMAN, 2745 SHADYWOOD ROAD, VARIAN CE, 7:38 P.M. -
8:20P.M. ~
~0
Peter Jacobson with Lake Country Builders and Gregg Graten, Architect, were present. 'V
Curtis stated the applicant is requesting hardcover and lake setback variances in order to construct
additions to the existing home. The property is located on a peninsula ofland, with almost the entire lot
being located within the 7 5 foot setback. Additions were constructed to the home in 1991.
PAGE 11
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, August 20, 2007
6:00 o'clock p.m.
The applicant is requesting variances to allow lakeward and upward structural expansions of the existing
home. Since over 99 percent of the property is located within the 75 foot setback area, the property
cannot be built on without variances. The existing home is approximately 25 feet wide and 75 feet long.
The expansions being proposed will almost double the width and add nearly 15 feet in length. The
project also would bring the structure closer to the lake on all sides.
Staff feels the additional structural hardcover may be reaching a level of excess and that the property
owner currently has reasonable use of the property. Planning Staff recommends denial of the variances.
Jacobson distributed and read a letter addressed to the Planning Commission from Mr. Zimmerman
regarding his project.
Graten stated there are four different options they would like to discuss tonight for the driveway in an
attempt to address the issues raised by the City. Option one basically leaves the driveway as it, with the
proposal being to expand the hardcover by approximately four percent in connection with the expansion
of the house. The overall hardcover on the site is currently 25 .4 percent. The shoreline has been
replanted with native plantings to help filter the runoff.
Graten stated option two reduces the turnaround and lowers the hardcover by approximately two
percent. Graten noted there is an easement that impacts their ability to some extent to construct on the
property.
Curtis stated to her understanding there is an easement but that the City Attorney does not feel the
easement negatively impacts the property owner's ability to build on the lot.
Graten stated option three retains the general shape of the existing turnaround but narrows its width
down to eight feet from 12 feet, which reduces the hardcover to 24.48 percent. Option four eliminates
the turnaround entirely. fu addition, the property owner is proposing to add additional plantings and a
rain garden within the center of the turnaround.
Kempf noted the City Engineer had recommended that the driveway be repaved as part of the rain
garden project.
PAGE 12
Con f i rma ti on Report -Memory Send
Time Aug-21-2007 12:02pm
+9522494616
Job number
Date
To
Document pages
Start time
End time
Pages sent
Status
Job number 858
858
Aug-21
4734435
003
Aug-21
Aug-21
003
OK
Tel I ine
Name CITY OF ORONO
12:01pm
12:01pm
12:02pm
*** SEND SUCCESSFUL
City of Orono
2750 Kelley Parkvvay
P.O. Box 66
Crystal Bay, IVIN 55323
(952) 249-4600
Fax: (952) 249-46"16
***
FAX TRANSMISSION COVER SHEET
Date:: August 21, 2007
To: Mark Gronberg
Fa,c: 473-4435
Re: 1 500 Bracketts Point Road -Hardcover Variance
Sender: Evelyn Turner
1 of 3
/
Aui-21-2007 12:02pm From-CITY OF 01 +9522494616 T-839 P.002/003 F-858
PC ExbibitH
233511ighway 36 W
St. Paul, MN 5S113
Tel 651-636-4600
f~l( 651-636-1311
www.bonestroo.com
--4-Bonestroo
July 17, 2007
Ms. Evelyn Turner
Planner
City of Orono
Posr Office Box 66
Crystal Bay, MN 55323
Re; 1500 Bracketts Point Road
File No. 000139-07000-1
Plat No. 07-3293
Dear Evelyn:
We have reviewed the survey for the proposed home at 1500 Bracketts Point Road, dated 7-10-07, We
have the following comments with regards to engineering matters:
J ? • The applicant has addressed previous engineering cornmem:s from our Drainage Review Memo
dated 7-3-07 associated with the Plat review for this propeny. ·
'?
• An engineered retaining wall design must be submitted for review for the proposed walls at the
non:heast corner of the house.
• According to the development agreement, 15 foot drainage and utility easernems are required
along the cul-de-sac. This plan should be revised to reflect this.
·? • There is minor grading within the 75 f9ot lake setback associated with the removal of existing hard
cover and directing drainage away from the steep slopes to the lake.
If you have any questions, please call me at (651) 604-4894.
Yours very truly,
BONESTROO
~--, ~
>--..J---
Darren Amundsen
Cc: Tom Kellogg
Date:
To:
From:
Subject:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
Fax: (952) 249-4616
July 12, 2007
Tom Kellogg
Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us u:V
Grading Plans for August 20, 2007 PC Meeting.
Please review the attached plan:
07-3293 1500 Bracketts Point Road George Stickney
Hardcover Variances New Residence
Con f i rma ti on Report -Memory Send
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Name CITY OF ORONO
*** SEND SUCCESSFUL ***
City of Orono
2750 Kelley Parkvvay
P.O. Box66
Crystal Bay, MN 55323
(952) 249-4600
Fax: (952) 249-4B7B
FAX TRANSMISSION COVER SHEET
Dat:e: June 1 9, 2007
To: Mark Gronberg
Fa;x: 473-4435
Re: June 1 B PC Meeting Results
Sender: Evelyn Turner
1 of' 3
Date Application Received: 5/23/07
Date Application Considered as Complete: 5/30/07
60-Day Review Period Expires: 7/29/07
To:
From:
Date:
Chair Kempf and Planning Commission Members
Ron Moorse, City Administrator
Evelyn Turner, City Planner
June 18, 2007
Subject: #07-3293 George Stickney on behalf of Bruce Paddock,
1500 Bracketts Point Road
-Hardcover Variance
-Public Hearing
Zoning District: LR-IA (2 acres)
Lot Area: 2.84 acres
Lot Width: 1000 feet (lakeshore)
Application Summary: The applicant requests a hardcover variance to allow 31.13
percent hardcover in the 75 to 250 foot zone to provide for construction of a
replacement residence.
Sta.If Recommendation: Planning Department Staff recommends denial.
Pertinent Zoning Ordinance Sections
78-1288 Hardcover
(a) No hard cover or impervious surface shall be placed, located or constructed within 75
feet of the ordinary high water level of any lake or tributary, except for stairways, lifts,
landings and lockboxes as regulated elsewhere in this Code.
(b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent
hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30
percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater
than 3 5 percent hardcover.
Sec. 78-123. Issuances.
(a) In considering applications for variance, the council shall consider the advice and
recommendation of the board of appeals and adjustments and the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on
values of property in the surrounding area. Before granting a variance, the council shall hear
requests for variances from the literal provisions of this chapter in instances where their strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration, and to grant such variances only when it is demonstrated that
such actions will be in keeping with the spirit and intent of this chapter. The parameters
within which a variance may be granted are as follows:
(1) The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
FILE 07-3293
June 18, 2007
Page 2 of 5
(2) The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
(3) The variance, if granted, will not alter the essential character of the locality.
( 4) Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of this chapter.
(5) Undue hardship also includes but is not limited to inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth-sheltered
construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with this
chapter.
(6) The board or the council may not permit as a variance any use that is not
permitted under this chapter for property in the zone where the affected person's land
is located.
(7) The board or council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
(8) The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
(9) The conditions do not apply generally to other land or structures in the district in
which the land is located.
(10) The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
(11) The granting of the proposed variance will not in any way impair health, safety,
comfort or morals, or in any other respect be contrary to the intent of this chapter.
(12) The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
List of Exhibits
A. Application
B. Hardship Documentation Form
C. Submitted Hardcover Calculations
D. Existing Plat Map
E. Proposed Plat Map
F. Site Plan
G. Proposed house elevations
H. Property Owners List
Background
This lot is being created by a plat that is a rep lat of two lots and a street. Bracketts Point
Road will be shifted away from the lakeshore. The other lot in the plat is divided by the new
road into a .53 acre parcel and a 1.47 acre parcel. The .53 acre parcel will become an outlot
jointly owned by neighboring properties and used for a tennis court. This lot will be smaller
than the current lot because land has to be added to the other lot in the new plat to create a
two acre lot.
LOT ANALYSIS WORSHEET
Lot Area/Width:
Required
Lot Area 2 acres
Lot Width 200 feet
Hardcover Calculations:
Actual
2.84 acres
Not defined
FILE 07-3293
June 18, 2007
Page 3 of 5
Hardcover Zone Total Area in Zone Allowed Hardcover Proposed hardcover
0-75 67,510 s.f.
75-250 56,210 s.f.
Total for Property 123,720 s.f.
* Hardcover variance granted with plat for historic cabin.
Hardcover Variances
1,028 s.f. 1,028 s.f.*
1.52% 1.52%
14,053 s.f. 17,500 s.f.
25% 31.13%
18,528 s.f.
The hardcover in the 75 to 250 zone would include 8,478 square feet for the house, 1,144
square feet for the detached garage, 5,507 square feet for the driveways, 745 square feet for
the front walk, stoop and walls, 40 square feet for the side stoop and 1,586 square feet for the
lakeside patios.
The following compares the Applicant's lot to three various shaped 2.84 acre (123,720 s.f.)
LR-IA lots that meet the minimums for the zoning district:
Applicant's lot
540' lakeshore Brown Bay (east)
460' lakeshore Smiths Bay (west)
380' east to west at widest point
460' from cul-de-sac to point
0-75
75-250
Total
Square lot
352' lakeshore
352' depth
0-75
75-250
250-500
Total
67,510
56,210
26,400
61,600
35,904
(55%)
(45%)
(21%)
(50%)
(29%)
1,028 s.f. allowed hardcover
14,052 s.f. allowed hardcover
15,080 s.f. allowed hardcover
0 s.f. allowed hardcover
15,400 s.f. allowed hardcover
10,771 s.f. allowed hardcover
26,171 s.f. allowed hardcover
Deep rectangle lot
200' lakeshore
618.6' depth
0-75
75-250
250-500
500-1000
Total
Shallow rectangle lot
400' lakeshore
309.3' depth
0-75
75-250
250-500
Total
Hardship Statement
15,000
35,000
50,000
23,720
30,000
70,000
23,720
(12%)
(28%)
(41%)
(19%)
(24%)
(57%)
(19%)
FILE 07-3293
June 18, 2007
Page 4 of 5
0 s.f. allowed hardcover
8,700 s.f. allowed hardcover
15,000 s.f. allowed hardcover
8,302 s.f. allowed hardcover
32,052 s.f. allowed hardcover
0 s.f. allowed hardcover
17,500 s.f. allowed hardcover
7,117 s.f. allowed hardcover
24,616 s.f. allowed hardcover
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code.
Issues for Consideration
Clearly the condition of having a 0-75 foot zone on three sides of this lot that comprises 55
percent of the property reduces the overall allowable hardcover as compared to lots with only
one side abutting the lake. An argument might be made that if the runoff could be forced to
filter through all that 67,00 s.f. of Oto 75 foot area, it would be treated better than having it
run through the 15,000 square foot zone of a 200 foot wide 2.84 acre lot. But it's not very
likely that the runoff could be spread out in such a manner. Ultimately, the Planning
Commission should attempt to determine whether a reasonably sized home with reasonable
amenities and driveways could be developed without a hardcover variance. In doing this the
Commission should discuss each of the relevant parameters from Section 78-123.
FILE 07-3293
June 18, 2007
Page 5 of 5
If the Commission determines it would be appropriate to grant a hardcover variance the
Commission should consider if Low Impact Development1 measures to reduce runoff and/or
to improve water quality should be required to compensate for the additional hardcover.
Are there any other issues or concerns with this application?
Staff Recommendation
Planning Staff recommends denial of the variance as reasonable use of the property could be
made without the hardcover variance and the impact of the variance would be increased
because most of the hardcover lies within 150 feet of the lake and most of the runoff would
be directly to the lake though a limited portion of the O to 75 foot setback.
1 Low Impact Development (LID) is an innovative stormwater management approach with a
basic principle that is modeled after nature: manage rainfall at the source. LID uses
uniformly distributed decentralized micro-scale controls. LID's goal is to mimic a site's
predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate,
and detain runoff close to its source. Techniques are based on the premise that stormwater
management should not be seen as stormwater disposal.
(http:/ /www.minnehahacreek.org/lid.php)
JJ B~oc.t~ PA-ooo~,c:_ :-rt.T·Y I
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HARDCOVER CALCuLATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) @:) 75-250' 250-500' · 500-1000'
i'C l "hib1t C
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
A ______ + B
PROPOSED HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk.
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
A ______ .,. B
=
Width
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x 100 = I, 52.. %
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L-...-· 2~ /llOCK I ✓8~A(Krrrf /hl)~T ·ZA.. A/JO~ '
HARDCOVER CAL~ION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' ' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E .. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
A ______ + B
PROPOSED HARDCOVER IN ZONE
A. House
8. Garage
C. Driveway
D. Sidewalk.
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining
Walls
H. Other
Length
TOTAL HARDCOVER IN ZONE
TOTALPROPERTYAREAINZONE
A 11.500 I
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
+ 8
Width
Width
40-s, or.
51, '2..10
=
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______ S.F.
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------S.F.
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______ S.F. B
X 100 = ______ %
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PROPOS!:0
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X 100 = 1 3\111 %
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
TO: George Stickney
2590 Countryside Drive
Long Lake MN 55356
ZONING FILE #07-3293
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: June 19, 2007
COPIES: Bruce Paddock
Mark Gronberg (by fax)
TYPE OF REQUEST: Hardcover Variances
DATE OF MEETING: June 18, 2007
Planning Commission tabled your application and requested you submit:
1. Grading and drainage plan and soil borings,
2. Site Plan with reduced hardcover and moving hardcover farther from the lake, and
3. Detail of any Low Impact Development measures proposed to mitigate hardcover
in excess of 25 percent.
VOTE: 5 FOR 0 AGAINST
Applicant's next scheduled meeting is tentatively*:
Planning Commission -July 16, 2007 -Meeting starts at 6:00 pm
*to be considered at this meeting the revised plans must be submitted by June 27.
Because it will not be possible to complete consideration of your request within 60 days
of the date the application was complete (May 29, 2007) the City hereby extends the time
allowed for consideration for an additional 60 days, until September 27, 2007.
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Evelyn Turner at 952-249-4623.
RUN DATE: 5/21/2007 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY owru,RS LIST)
38 l l-11 7-23320020
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
WAYZATAMN 5539 1
38 11-117-23330006
THISTLEDOR LP
1500 BRACKETTS POINT RD
BRUCE PADDOCK
2700 MEDICINE LAKE BL VD E
PLYMOUTH MN 5544 1
38 11 -11 7-23 330004
THISTLEDOR LP
1450 BRACKETTS POINT RD
BRUCE PADDOCK
2700 MEDICINE LAKE BL VD E
PLYMOUTH MN 5544 1
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
AS IT APPEARS THIS DATE ON THE RE , S OF HE
DATE : 5 /2_1 /1)'7 I J
38 11-117-23 33 0005
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
WAYZATAMN 5539 1
#3293
P/,GE: I
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 perm if-
8 'r v1 a. f o.))ucL
First -~ ~ ~(Jddl l~j 11 I Last I _) V\} /J Co-C tg _ f!L ~ . ,QI_ t '-ot,.
Address ' ' ~5 9 / 0 11-0 V'\.,-(> MN,
City State Zip Phone
Signature
#3293
,;
March 22, 2007
City of Orono
Reasons for Hardcover Variance for
1500 Bracketts Point Road
We are asking that the total allowable hardcover within the 7 5 '-250' zone be raised from
14,061 square feet to 17,500 square feet for this site of2.84 acres. Having 1,000 square
feet of lakeshore and being shaped like an arrowhead or peninsula is a huge disadvantage
to the few point lots located in Orono, because Orono hardcover ordinances does not
allow dry buildable ground within 75' of the lake to be counted in the calculations needed
for hardcover purposes.
1500 Bracketts Point
2.84 acres
75' -250' area 56.245 square feet= 1.29 acres ( 45% of the lot)
0'-75' area 67,450 square feet= 1.55 acres (55% of the lot)
On a per acre basis, 1500 Bracketts Point receives the least amount of hardcover per acre
because of its shape and requires the longest driveway using hardcover to access home.
1. How did 17,500 square feet come about?
Answer:
a. it is 3,439 square feet more than code allows
b. this lot necessitates an additional minimum of 200+ feet of driveway
length to access ideal site and also turn around for safety
c. 200' x 75' = 15,000 square feet x 25% = 3,750 square feet
d. by asking to forgive 200' of lake frontage of 1,000 total lake front feet
from the 0'-75' regulation was the fairest and sensible way to ask for a
once and for all times variance to balance the allowable hardcover with all
the Bracketts Point neighbors and/or lots
See example Orono Point or peninsula lots attached, all of which are over hardcover set
back ordinances due to their shape and our ordinance.
All other cities surrounding Lake Minnetonka allow at least 25% hardcover for the total
area of land. 2.84 acres at Bracketts Point would, in any other city, be allowed 30,927
square feet of hard cover. Asking for 17,500 square feet is reasonable, especially with the
over all enhancements and reduction of hardcover in the 0'-75' zone and cleaning up all
set back encroachments existing. We are reducing over 13,250 square feet of hardcover
in the O' -75' zone per this lot line rearrangement and preliminary plat application.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Christine M. Mattson, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #07-3293, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 10th day of August, 2007.
ChMJJiL Wl ~
Christine M. Mattson
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, August 20, 2007, beginning at 6:00 p.m. on the matter of reviewing the
following land use applications:
06-3232
06-3243
07-3293
07-3305
07-3307
07-3308
07-3309
Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning
district, requests 0-75' and 75' -250' hardcover variances in conjunction with the
construction of a new single family home to replace the existing residence.
North Shore Gardens on behalf of Richard Marzan, 2795 Pheasant Road, LR-lB
zoning district, requests a conditional use permit for retaining walls within the 75'
lakeshore setback, a hardcover variance for the retaining walls, patio and decks
within the O' to 75'zone and a variance to permit intensive vegetation removal within
the O' to 75' foot zone preparatory to replanting the slope.
George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road, LR-IA
zoning district, requests a hardcover variance to allow 28 % hardcover in the 7 5 ' -
250' zone to allow construction of a replacement residence.
Lake Country Builders on behalf of James Zimmerman, 2745 Shadywood Road,
LR-lB zoning district, requests variances to allow structural additions to the existing
home. The following variances are being requested: a hardcover variance (structural
and non-structural) within the 0-75' zone, hardcover variance within the 75' -250'
zone, and a lake setback variance to allow structure within 75' of the OHWL as well
as an average lakeshore setback variance.
Steiner & Koppleman on behalf of Dean & Kelly Leischow, 1200 Old Crystal Bay
Road S, RR-lB zoning district, requests an after-the-fact conditional use permit in
order to allow completed and in-process land alterations consisting of a large
drainage pond and associated grading.
Russell Schumer and Judith Florestano, 955 Tonkawa Road, LR-1 B zoning district,
request a revision to a previously approved variance to the average lakeshore setback
requirement to construct a 16 foot deep pergola attached to the lake side of the house.
Maureen Breckman, 2695 Casco Point Road, LR-lC zoning district, requests a
renewal oflot area, lot width, and 75' 250' hardcover variances granted in 2006 in
order to build a new residence.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and
is subject to change prior to the hearing. Written comments are accepted and should be submitted to
the City of Orono by August 8, 2007 if possible. Plans or proposals are available for review in the
City Offices and all interested persons are encouraged to contact the City for further information. For
an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
Melanie Curtis, Planning & Zoning Coordinator
To be published in the Sun Sailor on August 9, 2007.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 5/21/2007 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNtRS LIST)
38 11-117-23 32 0020
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
WAYZATAMN 55391
38 11-117-23 33 0006
THISTLEDOR LP
1500 BRACKETTS POINT RD
BRUCE PADDOCK
2700 MEDICINE LAKE BL VD E
PLYMOUTH MN 55441
38 11-117-23 330004 ,,/
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION ,,---,
AS IT APP_:ARS THlS ,°~:EON THE~_§~S OF,~~..,NNEPIN,_'.:_OUNTYTA,'<PAYERSERVICES DEPARTMENT.
DATE: ,') /:2,1 / /'1 · 1 BY:--.__,,,, J N'\. P-10 ::f,<_t
I J {) .
38 11-117-23 33 0005
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
WAYZATAMN 55391
+1-2 ?.9~ it :,J . ~ ~-1
PAGE: I
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath , states or affirms that he is the Chief
Financial Officer of the newspaper known as
Plymouth, Wayzata, Orono Sun-Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02 , §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in the newspaper once
each week , for one successive
week(s); it was first published on Thurs-
day, the _9_ day of August
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the ___ day of
________ , 2007 ; and printed
below is a copy of the lower case alpha-
bet from A to Z , both inclusive , which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopqrstuvwxyz
~ CFO
Subscribed and sworn to or affirmed
City of Orono
(Official Publication)
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold publi c hearings in the
Orono Council Chambers at 2780 Kelley Parkway on Mon-
day, August 20, 2007, beginning at 6:00 p.m. on the mat-
ter of reviewi ng the following land use applications:
06-3232 Sharratt Design on behalf of Michael & Mary
Drazan , 3546 Ivy Place , LR-1 C zoning district, requests
0-75' and 75'-250' hardcover variance s in conjunction with
the construction of a new si ngle family home to replace
the existing residen ce.
06-3243 North Shore Gardens on behalf of Rich a rd
Marzan , 2795 Pheasant Road , LR-1 B zoning district, re -
quests a conditional use permit for retaining walls within
the 75' lakes hore setback, a hardcover va riance for the re-
taining wa ll s, pati o and decks within the O' to 75'zone a nd
a variance to p ermit intensive vegetation removal within
the O' to 75' foot zone preparatory to rep la nting the slope .
07-3293 George Stickney on behalf of Bruce Paddo ck ,
1500 Bracketts Point Road , LR -1 A zoning di str ict , re-
quests a ha rdcover var iance to al lo w 28 % hardcover in
the 75'-250' zone to allow co n str uction of a replacement
residence .
07-3305 La ke Co untr y Builde rs on b ehalf of James
Zimmerman , 2745 Shadywood Road , LR-1 B zoning dis-
trict, requ ests variances to all ow structural additions to th e
existi ng ho me . Th e following varia nces are being re-
quested : a hardcover va riance (s tru ctural and non-struc-
tural) within the 0-75' zone, hardcover va riance w ithin the
75'-250' zone , and a lake set b ack va rian ce to allow struc-
ture w ithin 75' of the O HWL as well as a n ave rage
lakeshore setback va ri a nce.
07-3307 Steiner & Kopp le man o n be half of Dean &
Kelly Le ischow, 1200 Old Crystal Bay Road S , RR -16
zon ing district, requ ests an after-the-fact con ditional use
permit in order to a ll ow comp leted and in-proces s land al-
te rat io ns con sisting of a large drainage pond and associ-
ated grading .
07-330 8 Ru sse ll Sc hum er a nd Judith Fl o restano , 955
Tonkawa Road , LR-1 B zo ning district , request a revisio n
t o a prev io u s ly ap proved var iance to the average
lakes hore setback requireme nt to constru ct a 16 foot deep
pergola attached to the lake side of the house.
07-3309 Mau ree n Breckman , 2695 Casco Point
Road , LR -1 C zoning district, requests a re newal of lot
area, lot width , and 75' -250' hard cover va riances grant-
e d in 2006 in orde r to build a new residence.
All persons wishing to be heard are encouraged to attend
thi s me eti ng. Thi s is not a final agenda a nd is subject to
cha ng e prior to the hearing . Written com me nts are ac-
cepted and should be submitted to th e City of Orono by
August 8, 2007 if poss ibl e. Plans or proposals are avai l-
able for review in the City Offices and a ll interested per-
so ns are e ncou raged to co ntact th e City for further info r-
mation . For an appointment , please ca ll (952) 249-4600.
City of Orono
By: Pl anning Co mm issio n
before me on this _9 __ day of Melanie Curtis , Planning & Zoning Coo rdin ato r
August , 2007. Published in th e Sun Sailoron August 9, 2007.
~'°"" "'' omoo c"'°"""" m -· C rystal Bay Post Office
Lo ng Lake Po st Office 1., . Navarre Post Office
I 'l!J-Y~ ic (A ug . 9, 2007) a2-PC hrgs
•
MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1-3Hl9
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
Richard Hendrickson , being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Sun-Sailor
and has full knowledge of the -facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn . Stat. §331A.02 , §331A.07,
and other applicable laws as amended .
(B) The printed public notice that is attached
was published in the newspaper once
each week , for one successive
week(s); it was first published on Thurs-
day, the ___1i_ day of July
2007 , and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the __ day of
-------~ 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive , which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmn opqrstuvwxyz
~ CFO
Subscribed and sworn to or affirmed
before me on this _5_ day of
July , 2007 .
City of Orono
(Official Publication)
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commi ssio n will hold public hearing s in the
Orono Council Chambers at 2780 Ke lley Parkway on Mon-
day, July 16 , 2007, begi nning at 6:00 p.m . on the matter of
re view ing the following la nd use applications:
#06-3232 Sharratt Design on beh a lf of Michael & Mary
Drazan , 3546 Ivy Place, LR-1 C zoning district, requests
0-75' and 75'-250' hardcover variances in conjunction wi th
the construction of a new single family home to replace
the existing residence .
#07-3293 George Stickney on be half of Bruce Pad dock,
1500 Bracketts Point Road , LR-1A zoning di stri ct , re-
quests a hardcover va ri ance to allow 31.13% hardcove r in
the 75'-250' zone to allow construction of a replacement
residence.
#0 7-3294 Ron Demsha r, 2821 Casco Point Road , LR-
1 C zoning district, requests an after the fact conditional
use permit for retaining wal ls within the 0-75' lakes hore
setback zone to allow th e ex isting retaining wal ls to remain
as constructed. The request includes a va ri ance to all ow
the hardcove r associated with the retaining walls to re-
main when no hardcove r is allowed in the 0-75' zone.
#07-3299 Mike Benedi ct and James Lowe Ill , 25 & 105
Orono Orchard Road North , RR-16 zoning district , re -
qu est ap proval of a lot line re a rrangeme nt to allow.th e ex-
cha nge of 1 ,402 square feet of land betwee n the tw o prop-
erties.
#07-3300 John O'Malley and William McGuire, 290 &
315 Woodhill Road , RR-1B zoning district , requ es t a lot
line rearrang e ment to allow the exchange of 0.36 ac res
between two properties.
#07-33 01 Gronberg & Associates o n behalf of the
William Waldron Estate, 1860 & 1880 Fox Street, RR-16
zo ning district, requ es ts a re-plat of th e two estate prop-
erties res ulting in no new building sites.
#07-3302 The Minnehaha Creek Watershed Di strict re-
quests a preliminary subdivis ion of the property at 1570
Sixth Avenue North , RR-1 B zo ning district, resulting in
one buildable lot approximately 2.0 acres in area a nd o ne
o utl ot fo r conse rvat ion purposes comprisi ng approxi-
mately 4.32 ac res in area.
#07-3303 Klingelhutz Development Co. reques ts a pre-
li mina ry subdivision and commercial site plan review to
constru ct nine condominium office un its in three bui lding s
at 2525 , 2535 , and 2545 Shadywood Road . The frontage
on Shadywood Road is zoned B-4, Office and Profes-
sio nal Bu siness Di stri ct; the frontage on Kelly Avenue is
zone LR-1 B, S ingl e Family Residential District.
#07-3304 K.C. Chermak of Pillar Homes on behalf of
Ch ri s & Heidi Hedberg , 3940 Watertown Road , RR-1A
zoning district, requests a variance to a ll ow an existing
barn to remain on the property neare r the front lot line than
the proposed new hom e whe re no accessory structures
are no r ma ll y allowed, and at a setback of 40' from th e side
lot line w he re a 50' si de setback is no rma ll y required fo r
an ove rsized accessory building.
All persons wis hing to be hea rd a re enco uraged to attend
thi s meeting . Thi s is not a final agenda a nd is subject to
change prior to the hearing. Written co mme nts are ac-
cepted and should be submitted to the City of Orono by
July 11 , 2007 if possible. Plans o r proposals a re availab le
fo r review in the City Offices a nd a ll interested persons are
enco uraged to contact the City for further information . For
an appointment, please call {952) 249-4600.
-f--',P,.='."','--==--lc----5-"-'-,:__..=:_.....::::::---City of Orono
By : Planning Comm iss ion
e MARY ANN CARLSON
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6 .20 per line
(3) Rate actually charged
$ 1.30 per line
Me la ni e Curtis, Planner
Published in the Sun-Sailoron Jul y 5 , 2007.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
(J ul y 5 , 2007) a2-7/16 hrg s-CM
STATE OF MINNESOTA )
)
COUNTY OF HENNEPJN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Chris Mattson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a
Notice of Public Hearing concerning the matter of #07-3293, was mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 8th day of June, 2007.
Chris Mattson
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, June 18, 2007, beginning at 6 :00 p.m. on the matter of reviewing the following land
use applications:
#06-3191
#06-3232
#06-3243
#07-3290
#07-3292
#07-3293
#07-3294
#07-3295
Karen F eyo, Mark Fuller and Stacy N akaya, 4055 Elm Street, LR-1 B zoning district, request
lot area and width variances to allow construction of a new house on a lot that is 0.44 acre in
area and 120 feet wide when an area of 1. 0 acre and a width of 140 feet are required.
Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district,
requests a 0-75' zone hardcover variance to allow 7.1 % hardcover where 13.9% currently
exists and 0% is normally allowed, and a 75'-250' zone hardcover variance to allow 32.5%
where 35% currently exists and 25% is normally allowed in conjunction with the construction
of a new single family home to replace the existing residence.
North Shore Gardens on behalf of Richard Marzan, 2895 Pheasant Road, LR-1B zoning
district, requests a conditional use permit for land alteration and retaining walls within the 75
foot lakeshore setback and a hardcover variance for the associated hardcover.
DRK Family Associates, LLC, 2523 Kelly Avenue, LR-1B zoning district, requests a
hardcover variance to allow 33.12% hardcover in the 75'-250' zone when 38.16% exists and
25% is allowed in order to enlarge the deck on the lake side of the house.
Michael & Katie Schroeder, 1396 Baldor Park Rd, LR-1 C zoning district, request a revision
of a hardcover variance granted in 2001 (which permitted 36.3% hardcover within the 75'-
250' zone where 25% is normally allowed) in order to enclose a covered walkway and
reorient their existing driveway.
George Stickney on behalf of Bruce Paddock, 1500 Bracketts Point Road, LR-lA
zoning district, requests a hardcover variance to allow hardcover in the 0-75' zone where
no hardcover is normally allowed so the existing cabin on the east shore of the property
may remain, and a variance to allow 31.13% hardcover in the 75'-250' zone to allow
construction of a replacement residence.
Ron Demshar, 2821 Casco Point Road, LR-1 C zoning district, requests an after the fact
conditional use permit for retaining walls within the 0-75' lakeshore setback zone to
allow the existing retaining walls to remain as constructed. The request includ.es a
variance to allow the hardcover associated with the retaining walls to remain when no
hardcover is allowed in the 0-75' zone.
Jon and Janene Heidorn, 3180 North Shore Drive, LR-IB zoning district, request a lot
width variance to construct a replacement residence on a lot that is 99.6 feet wide when
140 feet of width is required.
#07-3296 Terry & Suzanne Johnson, 543 Park Lane, LR-lB zoning district, request variances to allow
roof overhangs to encroach 2' into the 10' required side setback as well as a portion of the
front entry staircase to encroach 18" into the 10' side setback in conjunction with the
construction of a new residence.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
City of Orono by June 13, 2007 if possible. Plans or proposals are available for review in the City Offices
and all interested persons are encouraged to contact the City for further information. For an appointment,
please call (952) 249-4600.
City of Orono
By: Planning Commission ~~rµ
Michael P. Gaffron
To be published in the Sun Sailor on June 7, 2007.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
RUN DATE: 5/21/2007 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNJ,:RS LIST)
38 11 -117-23 32 0020
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
JAMES R & MARY J JUNDT
1400 BRACKETTS POINT RD
WAYZATAMN 55391
38 ll -1[7-23330006
THISTLEDOR LP
1500 BRACKETTS POINT RD
BRUCE PADDOCK
2700 MEDICINE LAKE BLVD E
PLYMOUTH MN 55441
1450 BRACKETT) OINT RD J
BRUCEPAD9OCK 00
2700 MED CINE LAK BL VD E V .
PLYMO THMN
/
l·
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
AS IT APP;:~R~-THIS DA:E ON THE ~~,S OFt~~NNEPI~~?UNTY TAXPAYER SERVICES DEPARTMENT.
DATE, ., /2 1 Ir.·/ BY,/ / /Y\.Cnk
I , /
i_,
38 11-117-23330005
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
MARK C & LAURIE S HEADRICK
1480 BRACKETTS POINT RD
WAYZATA MN 55391
PAGE: I
~IIN
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF HENNEPIN
)
) ss.
)
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Sun-Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn . Stat. §331A.02, §331A.07,
and other applicable laws as amended .
(B) The printed public notice that is attached
was published in the newspaper once
each week , for one successive
week(s); it was first published on Thurs-
day, the _7_ day of June ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the __ day of
________ , 2007; and printed
below is a copy of the lower case alpha-
bet from A to Z, both inclusive , which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijklmnopqrstuvwxyz
City of Orono
(Official Publication)
CITY OF ORONO
2750 Kelley Parkway, P.O . Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in lhe
Orono Council Chambers at 2780 Kelley Parkway on Mon-
day, June 18 , 2007, beginning at 6:00 p.m. on the matter
of reviewing the following land use applications:
#06 -3191 Karen Fe yo, Mark Fuller and Stacy Nakaya,
4055 Elm Street, LR -1 B zoning district, request lot area
and width variances to allow construction of a new house
on a lot that is 0.44 acre in area and 120 feet wide when
an a rea of 1.0 acre and a width of 140 feet are required.
#06-3232 Sharratt De sig n on behalf of Michael & Mary
Drazan , 3546 Ivy Place , LR -1 C zoning district, requests
a 0-75' zone hardcover variance to allow 7.1 % hardcover
where 13.9% currently ex ists and 0% is normally allowed,
and a 75'-250' zo ne hardcover variance to allow 32.5%
where 35% currently exists and 25% is normally allowed
in conjunction with the construction of a new single fami-
ly home to replace the existing residen ce.
#06-3243 North Shore Gardens on behalf of Richard
Marzan, 2895 Pheasant Road , LR-1 B zoning district, re-
quests a conditional use permit for land alteratio n and re-
taining walls within the 75 foot lakeshore setback and a
hardcover variance for the associated hardcover.
#07-3290 DRK Family Associates, LLC , 2523 Kelly Av-
enue, LR-1B zo ning district, requests a hardcover va ri-
ance to allow 33.12% hardcover in the 75'-250' zone when
. 38.16% exists and 25% is allowed in orde r to enlarge the
deck on the lake side of the house.
#07-3292 M ichae l & Katie Schroeder, 1396 Baldur
Park Rd , LR-1 C zoning district, req ue st a revision
of a hardcover variance granted in 2001 (which permitted
36 .3% hardcover within the 75'-250' zo ne whe re 25% is
normally allowed) in order to enclose a covered walkway
and reorient their existing driveway.
#07-3293 George Stickney on beha lf of Bruce Paddock,
1500 Bracketts Point Road , LR-1 A zon in g district, re-
quests a hardcover variance to allow hardcover in the 0-
75' zone where no hardcover is normally a ll owed so the
existing cabin on the east shore of the property may re-
main , and a variance to allow 31 .13% hardcover in the 75'-
250' zone to allow construction of a replacement resi-
dence.
#07-3294 Ron Demshar, 2821 Casco Point Road, LR -
1 C zoni ng district, requests an after th e fact condit ional
use permit for retai ning walls wit hin the 0-75' lakesho re
setback zone to allow the existing retaining wa lls to remain
as constructed . The request includes a variance to allow
the hardcover associated with the retai ning walls to re-
main when no hardcover is allowed in the 0-75' zone.
#07-3295 Jon and Janene Heidorn , 3180 North Shore
Drive, LR-1 B zoning district, request a lot width variance
to construct a replacement residence o n a lot that is 99.6
feet wide when 140 feet of width is required.
#07-3296 Terry & Suzanne Johnson , 543 Park Lane ,
LR -1 B zoning district, request var iances to allow roof
overhangs to encroach 2' into the 1 O' required side set-
back as well as a portion of the front entry staircase to en -
Subscribed and sworn to or affirmed croach 18" into the 10· side setback in conjunction with the
before me on this _7 __ day of construction of a new residence.
June 2007 All persons wishing to be heard a re encouraged to attend
' · this meeting . This is not a final agenda and is subject to
~ change pri or to the hearing . Written co mments are ac-
ce pted and should be submitted to the City of Orono by
r /), ~ z:-.-June 13 , 2007 if possible . Plans or proposals are avai l-/ J.,,/j-..______ able for review in the City Offices and all interested per-
~. sons are encouraged to contact the City for further infor-
Notary Public mation. For an appointment, please call (952) 249-4600 .
e MARY ANN CARLSON
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of Orono
By: Pl anning Commission
Michael P. Gaffron , Planning Director
Published in the Sun Sailor on June 7, 2007.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
(June 7 , 2007) a2-hrgs 061807-LV
TRACKING SHEET
FILE NO. 07-3293
Staff: Evelyn Turner
SITE ADDRESS: 1500 Bracketts Point Rd
Applicant: George Stickney
Address: 2590 Countryside Dr.
Owner: Bruce Paddock
Address: 1500 Bracketts Point Rd
Wayzata, MN 55391 Long Lake, MN 55356
□ Meeting with Staff Date:
□ Application Completed Date : .!5/30/01
I
□ Incomplete Notice Sent Date:
C~f Application Sent to:
_-_Engineer _ County DNR MCWD LMCD
□ Property Owners Notified: Date:
□ Legal Notice Published Date:
PC Meeting(s): "' ( e, Vote: f z,b~ --~~---------
__ 72~,,.,_'L_O ______ Vote: '-f -0
Vote: ---------------------
~ Notice of PC Action:_g_,_L~( ______________ _
City Council Meeting(s): ___ 'l-+0_/i_O _________ Vote: _____ _
-~++--/l--'-4 ____ Vote: j -0 cLUZI(
Vote: --------------------
□ Resolution: Nk