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HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING MJNUTES FOR MAY 24, 1999 *(#14) #2485 ALEX AND CATHY JOHNSTON, 940 BROWN ROAD SOUTH - CONDITIONAL USE PERMIT ~ RESOLUTION NO. 4294 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4294, a Resolution Granting a Conditional Use Permit to Allow a Guest House for Property Located at 940 Brown Road South. VOTE: Ayes 5, Nays 0. *(#15) #2487 ROBERTA A. ROTH, 1251 BRIAR STREET -VARIANCES - RESOLUTION NO. 4295 Sansevere moved, Flint seconded, to approve and adopt RESOLUTION NO. 4295, a Resolution Granting Variances to Permit Removal of an Existing House and Construction of a New Residence on the Existing Foundation for Property Located at 1251 Briar Street. VOTE: Ayes 5, Nays 0. (#16) #2493 KATHERINE TAYLOR HOMES, 692 TONKAWA ROAD -VARIANCES- RESOLUTION NO. 4296 Katherine Taylor was present. Barbara Pugh, property owner, was present. Weinberger stated that the Applicant is requesting several variances to construct a two-car garage where a one car garage exists and attach a deck to the second garage on the property. Currently there are two garages on the property, the first is a one-stall detached located on Tonkawa Road and the second is a two-car garage attached to the house. Weinberger stated the property owner had converted a cabin into a year-round residence and that this property does contain a higher water table. Weinberger stated the one-stall garage is presently located 2.3 feet from the property line and would require variances to the side yard setback and street setback to add a second stall to the garage. The second option that is before the City Council tonight is proposing to construct a two-car detached garage which would require a variance to the existing hardcover. This garage would replace the existing orie~stall garage located 10 feet from Tonkawa Road. Weinberger stated the second portion of this application is requesting a variance to construct a second story deck and spiral staircase to the existing residence. These improvements have received building permits and are currently underway. A hardcover variance is being requested to allow the deck to be located within the 75-250' setback from the lake. This will be new hardcover that will not increase the amount of hardcover because the deck will be located over existing hardcover. 16 Application Date: Completion Date: 60 Day Deadline: 4/20/99 4/20/99 6/19/99 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Botten berg Title Planning Intern Administrator Reviewed: Item Description: #2487 Roberta J. Roth 1251 Briar Street V ariance--Public Hearing DATE: 5/20/99 ITEM NO.: Agenda Section: Zoning Zoning District: RR-lB 10,500 s.f. One Family Rural Residential District (2 Acre) Lot Area: Application: The applicant has proposed to remove an existing house and construct a new one on the existing foundation. The current foundation was replaced in 1985. The applicant seeks approval of a variance for lot area, lot width, front yard setback, side yard setback and side adjacent to street setback. The property is located within 500+ feet of French Lake. The review of hardcover was addressed in June, 1996 when the applicant applied for and received approval to construct a detached garage on the property. (The existing hardcover is 2,349.2 s.f. or 22.3%). The amount of hardcover for this property will not increase with replacement of the house. This application requires the following variance approval: 1. Variance from Section 10.28, Subdivision 5 (B) : To permit a lot area, lot width, front yard, and side yard variance to allow a 1,008 square foot house to be built on an existing foundation. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 4 to O vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #2487 WHEREAS, Roberta J. Roth (hereinafter "the applicant") is owner of the property located at 1251 Briar Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1 and the North Half of Lot 2, Block 3, Crystal Bay Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); 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 May 17, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a front yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and a side yard adjacent to street setback of 15.2' where 50' is required to allow the removal of an existing house and construction of a new residence on the existing foundation. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2487. 2. The property is located in the RR-lB, Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of .25 acres or 10,500 s.f. 3. The Planning Commission reviewed this application on May 17, 1999 and recommended approval on a vote of 4 to 0. Page 1 of 4 4. The Planning Commission made the following findings of fact: A. The existing foundation is located in the front yard, side yard, and side yard adjacent to street setbacks. B. Replacing the structure will not increase hardcover or structural coverage. C. Replacing the structure will not further intensify development on the lot. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit a front yard setback of 35.5' where 50' is required, side yard setback of 25.9' where 30' is required and a side yard adjacent to street setback of 15.2' where 50' is required to allow the removal of an existing house and construction of a new residence on the existing foundation. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 24, 2000). Page 2 of 4 2. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of May, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of May, 1999, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MAY 17, 1999 (#6) #2487 ROBERTA A. ROTH, 1251 BRIAR STREEET -VARIANCES, 6:58 p.m. -7:03 p.m. The Certificate of Mailing and Affidavit of Publication were noted. . Mr. and Mrs. Roth were present. Weiriberg~r stated the App.licants are proposing to re~ove an existing hous~ and c~ristrti~t a new one on the existing foundation. The current foundation was replaced in 1985. This property is located in the RR-1 B, One Family Rural Residential District, which has a minimum of two acres. The property is comprised of 10,500 square feet. The Applicant applied for and received approval to construct a detached garage on the property. Variances are needed to lot area, lot width, front yard, and side yard setbacks. City Staff is recommending approval of this application since the hardcover or overall structural coverage will not increase. Mrs. Roth stated that the residence was not kept up and they would like to replace it with a new structure, noting that it is not worthwhile to make improvements to the existing house. Hawn inquired whether the building inspector has had an opportunity to inspect the foundation. Mr. Roth remarked that he hasTequested that Lyle and Mike from the City come out to inspect the property but they have not done so at this time. Weinberger stated that it is the building official's opinion that it will meet current codes. There were no public comments. Stoddard moved, Lindquist seconded, to recommend approval of Application #2487, 1251 Briar Street, to permit variances to lot area, lot width, front yard, and side yard setbacks to allow a 1,008 square foot house to be built on an existing foundation subject to the foundation being certified as to structural soundness by the City's Building Inspector, and to allow the existing garage to remain on the property during the time of construction. VOTE: Ayes 4, Nays 0. SCHEDULED PUBLIC HEARINGS (#3) #2479 PETER ANDREA COMPANY, 555 STUBBS BAY ROAD NORTH, CLASS Ill SU.BDIVISION, 7:04 p.m. -7:14 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. Hawn noted that the Applicant was requested to submit some required information before tonight's hearing. Weinberger stated he did speak with the Applicant this afternoon regarding tonight's meeting, noting that the Applicant did not indicate whether he would be present at tonight's meeting. City Staff is recommending that this item be tabled until next month. Hawn moved, Lindquist seconded, to table Application #2479, Peter Andrea Company, Pages CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 PHONE:(612)249-4600 FAX:(612)249-4616 TO: Roberta Roth Box 159 Crystal Bay, MN 55323 TYPE OF APPLICATION: Variance ZONING FILE #2487 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: May 18, 1999 --------------------------- COPIES TO: ________________________________ , ____________ _ DATE OF MEETING: May 17, 1999 VOTE: 4 FOR O AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council May 24, 1999, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2487 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Planning Intern DATE: May 10, 1999 SUBJECT: #2487 Roberta J. Roth 1251 Briar Street Variances --Public Hearing Zoning District: RR-lB One Family Rural Residential District (2 Acres) (Property is located within a shoreland area approximately 500+ feet from a natural environment lake, French Lake.) Lot Area: 10,500 s.f. Municipal sewer Application: The applicant has proposed to remove an existing house and construct a new one on the existing foundation. The current foundation was replaced in 1985. The applicant seeks approval of a variance for lot area, lot width, front yard setback, side yard setback and side adjacent to street setback. The property is located within 500+ feet of French Lake. The review of hardcover was addressed in June, 1996 when the applicant applied for and received approval to construct a detached garage on the property. (The existing hardcover is 2,349.2 s.f. or 22.3 %.) The amount of hardcover for this property will not increase with replacement of the house. This application requires the following variance: 1. Section 10.28, Subdivision 5 (B): To permit a lot area, lot width, front yard, and side yard variance to allow a 1,008 square foot house to be built on an existing foundation. #2487 Roberta Roth 1251 Briar Street Variance 5/10/99 Page 1 ANALYSIS Pertinent Ordinances: • Section: 10.28 RR-lB One Family Rural Residential Zoning District. Lot Area and Yards: RR-lB Lot Area Lot Width Front Yard Side Yard Side Yard (2 Acres) Adj. to Street Required 87,120 s.f. 200' 50' 30' 50' Proposed 10,500 s.f. 75' 35.5' 25.9' 15.2' Structural Coverage: Total Lot Size Total Structural Coverage Percentage 10,500 s.f. Allowed: 1,575.0 s.f. 15.0% Existing: 1,429.2 s.f. 13.6% Proposed: 1,429.2 s.f. 13.6% Statement of Hardship: The applicant has included her statement of hardship in Exhibit A. The applicant should also be asked for her testimony regarding this issue. #2487 Roberta Roth 1251 Briar Street Variance 5/10/99 Page2 Issues for consideration: 1. The existing house will be replaced over a newer foundation. 2. Replacing the structure will not further intensify development on the lo.t. 3. Other issues raised by planning commission. · Staff Recommendation: • Staff recommends approval of the variance. • An existing foundation will not increase hardcover or overall structural coverage. • There is not another location on the property where the applicant could construct a house without encroaching into setbacks. The house must be placed over existing "newer" foundation. Attachments A Application B Site Plan/Survey C New House Plan D PlatMap E Location Map F Site Topography G Property Owners List H Permit Record #2487 Roberta Roth 12 51 Briar Street Variance 5110/99 Page3 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250 .00 ($50 .00 per each additional variance) · Renewal Variance Fee $150.00 · (no change from original application) Variance for non-conforming structures $250 .00 After-the-Fact Fees (Double application fee) A Application#_2---.-lf_g_7.,____ Date Received '1' -Z O ~ 1 'I Amount Paid 'Z (;;0 <'?:9 -=-'='C...:::....-- PROPERTY INFORMATION Site Address · /Z S-I BR/~ jf'° ~y/g/ J!f:kL. Property Identification Number (P.I.D.)Jci -/0-2 3.7.'(:;;(~7-J_ Attach legal description to application if not included on required survey. Date Property Acquired '1jw-/riff., (month/year) I (do) (do not) also own,adjacent parcels of land . Present useof pro.F etty: residential · __ other (specify) _________ --= Zoning District: K R ... 1 . • APPLICANT /.,/,,, Name f<OBPJsflt J, RtNY/ Address: / Z S"" C R I A' · . OWNER (if different than applicant) Name ?ftm~ Address: ------------ DESCRIPTION OF REQUEST Describe request · detail : Phone(home) J/7{L -fRZ 38 Phone(work) i./7 3 -L/!Rt? 7>-.t(~- . City -f1»fS[l)/ 84tj Zip: 6532 .f? _,)::~~-,-- Phone (home). _______ _ Phone (work). _______ _ City: ________ Zip: ___ _ (attach additional sheets if necessary) VARIANCES REQUIRED -A Lot Area X Lot Width ¼-Setback: X Front 6,-Side Hardcover 'X.._Rear __ Lot Coverage Average Lakeshore Other (specify) ______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual prope_!!Y conditions preventing compliance with Zoning Code requirements : .Lllr 5/Z d::-. (attach additional sheets if necessary) 6 P'J· 2icr REQUIRED SUBMITTALS 5 .e ct ,·o "'-IO· "2. 8 All of the followin2 information must be submitted by the application deadline date in order for your applicat_ion to be considered complete: I. 2 . 3 . 4 . 5 . 6 . 7. 8 . Completed Application Form . Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) -copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum · to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature !/;~ _j t/Jtd; Date !-J,j-ft? OWNER'S SIGNATURE t The owner hereby acknowledges and agrees to this application and further aut horizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature ~ /b ft!i Date J-/--2J -tJ,f Applicant must have all submittalsi ~ the City offices 25 days before the Planning Commission Meeting . Planning Commission Meetings are held on the third Monday of each month . Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting . 7 · . .'.· .. · ., Tonka. ~ __ .. ,; S 89" 26 '.30''£ 1'1-0.0 •. ~ ~ Avenue . .. r 1 ,., .. f]:J q ,·11:r ~ . , r· so' i o.64-•·: •• ~, • ' . ! o.so' ('! !!l 8 yj N '~ ·i-; ~ Cl_, cs z ''"" L .:l£·W I I C, 3Z.4-1oeo~1.2.. Existing ~ ~ ~ (:: . II • I l ' ' ... . ····1 ----3s. -a QJ . ~ :) C. ~ ~-r-.. <:( <;:) Q I~ : 4 ... / ' ·•. ,-I g t • •... NB'l 0 26 130"W :::... i •A~~ I ; I~ I•. ~l . I' ·' ("'I) 'T ---OJ ... -:.,:. l"tU.V ' I o'J.'. I -- , ..... ; · 1 .. :) P,,o ,x?:sed New '1<es·1 derce so' LEGAL DESCRIPTION OF PREMISES: Lot ·1 and the North half df Lot 2, Block 3, Crystal ·say Minnetonka. o: ·denotes iron marker set ~~­ e: denotes iron marker fourid ',U'(t• s-· ..-;1, ·-· -~· "!•~ Bea~Lngs shown are based upon an asiumed datum: . ~-•-: !"r ~·This .survey intends to show the boundaries of the above .described property, and the location of an existing house and shed thereon. It does not purport to show any other. ·1mprov~ments or encroachments. ~ ['--- 00 ::j ~ I II Model Home On Display The Merickel Northwood II is a spacious two bedroom ranch style home. It features a cathedral ceiling over the large living room, dining and kitchen area with flat ceilings in the bath & bedrooms. The home has ample cabinets & plenty of closet space. It is ideal for the budget minded home buyer or as a vacation retreat. BEDROOM DINING 1,008 sq. ft. Home LIVING ROOM BEDROOM MERICKEL 1S P.O. Box 471 Wadena, Minnesota Dial 218-631-3570 Located ¼ Mile West on Highway 1 O \ ---~ 0 co I /0 -/JJ-23 -23 5 ( 4) fl 247.8 OUTLO T B .;'.-· •"'\/ LO ['-- LO 17 tJ "~; f-----1 140 14 1 l I 21 I ~ U7 ::;;: I Ul er::: U7 'Ul 6 0 :o 0 ,'o ~\ 175 QJ 140 I 14 12 I I \: Ul 20 I 7 07 '\ 07 I U1 I 0 I I C1 0 0 175 I 140 I I -, 14 13 50 \ I ' 07 07 U7 19 " CJ7 '\ 8 0 0 0 0 175 140 14 - 0 3 14 0 50 0 18 2 t'(; ,'\ ( 7 5) 0 LO 175 L0 LO LO 0 17 CJ7 LO 0 LO \' l C 0 --(J- C ----~(d)-f \ I 59 . 6 I o\ \I 1 LO ,, (7 I UJ \ I 50 C) V ~ /0 -/17 -23 -31· t-n 7 ·~_-.:::_ · ~ ----------- ~ 6 140 U7 U7 -0---------0 u.J 0 1:\ 140 \ 7 ' ! \ 140 \\ 208 -~ (44) 208 ( l 9) 208 50 140 I ~ ( ~,r ~[LI I U7 \: 11 140 U7 2 ✓ C) ' ( 39) 0 ( 32) CD U7 :::::0 0 f----1 )> U7 :::::0 0 40 3 14 g g/\33) I • 140 rn \, 4 14 r. \ 0 --------- j7) ,'\ 140 8 140 .-~,' 5 :\ ( 36) 8 ____ l14) __ I \ I U7 \, 50 ° 7 140 Ul 140 ° / · 6 14 \,' . 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X <l 956.1 0 Ill Ill RUN DATE 05/18/98 BATCH 502 PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME TAXPAYER NAHE/ADDR PROP ADDR OWNER NAME 38 10-117-23 23 0004 00038 ADDRESS UNASSIGNED MICHAEL W CASHMAN SR ET AL MICHAEL W CASHMAN SR 1205 FRENCH CREEK CIR WAYZATA MN 55391 38 10-117-23 31 0038 01270 BRIAR ST JOHN C RANGE JOHN C RANGE PO BOX 105 CRYSTAL BAY MN 55323 38 10-117-23 31 0043 01291 BRIAR ST K CURLEY & W KELLETT KEVIN CURLEY 1291 BRIAR ST S PO BOX 41 CRYSTAL BAY MN 55323 38 10-117-23 31 0102 01251 BRIAR ST ROBERTA JEAN ROTH ROBERTA JEAN ROTH 1251 BRIAR ST CRYSTAL BAY MN 55391 TAXPAYER TOTAL BATCH 502 00012 NAHE/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 10-117-23 31 0036 02160 CRYSTAL AVE H & J BLUE HARCUS J & JUDY A BLUE 2160 CRYSTAL AVE WAYZATA MN 55391 38 .10-117-23 31 0039 01250 BRIAR ST LAURIE A PEARSON LAURIE A PEARSON 1250 BRIAR ST WAYZATA MN 55391. 38 10-117-23 31 0073 01245 ARBOR ST KAREN E BJERKENG KAREN E BJERKENG 1245 ARBOR ST WAYZATA MN 55391 38 10-117-23 32 0004 02220 FRENCH CREEK CIR AH AYERS & E AYERS A MERRILL AYERS 2220 FRENCH CREEK CIR WAYZATA MN 55391 REPORT NO. PI435401 38 10-117-23 31 0037 01290 BRIAR ST DEAN T LUNDBLAD DEAN T LUNDBLAD 1290 BRIAR ST WAYZATA MN 55391 38 10-117-23 31 0042 01261 BRIAR ST G & L PRINTUP GARY H PRINTUP PO BOX 104 1261 BRIAR CRYSTAL BAY MN 55323 38 10-117-23 31 0093 02170 MINNETONKA AVE H & J MC CLELLAND MICHAEL P MC CLELLAND 2170 MINNETONKA AVE N P ti BOX 45 CRYSTAL BAY MN 55323 PAGE 2 38 10-117-23 32 0005 02235 FRENCH CREEK CIR D S & J SIKKA DALJIT & JASWINDER SIKKA 2235 FRENCH CREEK CIR WAYZATA MN 55391 Ill ... RUN DATE 05/18/98 BATCH 502 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 3 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. . c;) _ C} DATE s/1/f{J BY ~ ,CZ?-~ . ( . ,j I 3_5 , Bna.r 5-t\'"" • - ++ PERMIT RECORD Permit No. Date CITY of ORONO Date: May 6, 1999 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices VARIANCE Notice of Public Hearing File# 2487 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 150' of the property located at 1251 Briar Street. The property owner(s) have applied for one or more variances to the Zoning Code to permit construction of a new residence. The Planning Commission will hold a pubic hearing on: May 17, 1999 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 249-4623. The proposed plans are available for review by appointment. Paul Weinberger Assistant Zoning Administrator Telephone (612) 249-4600 • Fax (612) 249-4616 Tonka. ~ __ ... ~ S89"26'.30"£ l'1-0.0 ... -~ 't-Avenue : I ,.,.,.JD· ... ,o. ~ . qj • :•a:r . . 1'"''L.ze-w ' ('I "' "j' o.lA-•·:: .• 1\. o.so~' so' ~ .!,lj N '~ ·i-: I;;) a•' 0 z ·--· . < ••• • 3S.S -• " •• ,_,...,..,.,.n,n1;:>; :•~ •~·· • 1 •1 ·1 · > .. >> · >jJ V ,, • 3Z.4- [0(o<1_ t.. 0 Existing ~ • , I I 0.. 1 :ti I I g !,I) J-..; ~-,.... --•~ Q C) VJ J : I ...... . • J ·' N 89°26 30"W ✓::... 140.0 OJ ... -:.,-:. ,. .. o. I --··· .. ' ·< I . . ·-.) LEGAL DESCRIPTION OF PREMISES: P,ropo:sed f'Je,w"Restderce QJ ::) C. ~-<t ~, ('I') so' Lot ·1 and the North half o'f Lot 2, Block 3, Crystal ·say Minnetonka. o: ·denotes iron marker set ·~ .. .,.,. f'ji· e: denotes iron marker fourid ~ . ~ . Be a rtn gs s h own a re b a s e d u po n a n a s sum e d d a t um·. - -:j• I~ 'This .survey intends to show the boundaries of the above .described property, and the location of an existing house and shed thereon. It does not purport to show any other 'improvements or encroachments. ~ I ~ CERTIFICATE OF MAILING STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2487, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of May, 1999. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal .Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 The Plannir1g Commission will. hold public hearings in the co·uncil Chambers at 2780 Kelley Parkway on Monday, May 17, 1999, beginning at 6:30 p.rn. on the matter of reviewing the following land use applications: 1. #2410 Peter Boynton, 1973 Fagerness Point Road, requests variances and a conditional use permit to remove the existing residence and bu ild a new res idence . 2. #2469 Steven and JQ Websier, 500 Orono Orchard Road South, request side yard adjacent to street and rear yard setback . variances to construct a garage and resident ial addition. 3 . #2169 Michael Renard, 1185 Tonkawa Road , requests an amendment of a previous application for the construction of a 21'x12' accessory bu ilding within the 75- 250' lakeshore setback . · 8. #2488 Gregg Klehn, 4455 North Shore Drive , requests side yard and street yard setback variances to construct a storage building . 9. #2489 Nancy and Rick Anderson, 1205 Dickenson Street, request front yard and side yard setback variances to construct an addition to the residence . 10.· #2492 Rick and Gail Luzaich , 2490 Old Beach Road, request variance and conditional use permit approvals for lakeshore land alteration including grading and construction of retaining walls within 75' of the lakeshore and within a bluff impact zone , and further request after-the-fact approval, including approval of a restoration plan , for intensive vegetation removal within 75' of the shoreline and within a bluff impact zone . · 11 . #2493 Katherine Taylor Hornes , 6 92 Tonkawa Road , requests variances to construct. a two car detached garage exceeding allowed hardcover in the 75-250' lakeshore setback. · 12. #2494 Dan Anderson, 2885 Little Orchard . Way, requests variances to relocate an ex ist ing accessory building on the lot prior to construction of a principal. 4_. #2483 Trent Rezabek. 3200 structure,, and ,. a variance to:• permit-a 30' Bayside Road , requests a front yard princ ipal . struciure setback ·' where · so· is •gtba ck varinnce to permit construction of arJ --: -·reouired .: ','!-'..:·.± '.!.:.~:: :~~~ <-:; 8'x12 ' entry to the exi st ing res idence . -· · · · · -.,. · · 5. #2485 Alex and Cathy Johrison , ~ 4 O · Brown Road South, request a conditional use permit for a guest house. 6. #2486 Al Hirsh Construction (on behalf of Ken and Elaine Erickson), 1270 Spruce Place , requests · variances to exceed allowed lot coverage by structure and hardcover in the 75-250' lakeshore setback . 7 . #2487 Robert A. Roth . 1251 Briar . All p~rsons wishing·· io be heard° a;e encouraged to attend this meeting . Written comments are solicited . Plans are available in the City Offices. For an appoir:trnent. please call.249-4600. · City of Orono By : Planning Commission Paul Weinberger. Assistant Zoning Admin istrator St reet . requests street and side yard (Publish~d in The Laker and Pioneer . setback var iances, and lot width and lot area May 1. 1999) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.O2, 331 A.O7, and o _ther applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 1st day of May 19.2.2_, and was thereafter printed and published every Saturday, to and including Saturday, the, ___ day of _______ 19 __ ; ~ Authorized Agent variances to construct a new residence . Subscribed and sworn to me on this CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of da{a", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. f<.~Bi:7?..rtlf ,~ Rtr¼ First iMiddle Last /Z57 BR!. ; V Address t:!ff&IW Mry 1411/ 5'"7Jj,J f'7~-~i,J8 State Zip Phone I understand my rights as stated above. fl~(bzzl;_ Signature 9 Telephone (612) 473-7357 • FAX 473-0510 Adjacent Property Owners' Acknowledgement Form I (we) \\ .'LIW ":' ~$ m'.i I ct fflcd / ~11!1' :i, l O ~(]i · B I.Ji'. , [pnnt name(s)] . [pnnt a dress] . . . have. r~ew~d the plans for the proposed improvement or propos~d 1:1se of the p:i'erty located at 12-(J l 8/.2/f7R 6L also referred-to as Land Use Apphcat10n No. z~ '1 . 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 ****************************************************************************** /tit! 8R!IH ~ [print address] have reviewed the plans _for the proposed improvement or propos~d 1:1se · of the ~te_rty located at zw $RIMI? ~ also referred to as Land Use Apphcat1on No. z1; /7 . 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 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. 8 ISll31S71 Let he."' CERTIFICATE OF SURVEY FOR · THOMAS QUAST IN LOTS 1 AND 2, BLOCK 3, CRYSTAL BAY MINNETONKA . HENNEPIN COUNTY, MINNESOTA (h I fl Yl~ . Tonka. 0 i S99°26'.30"£ ,t. I k~~: L ~,1().J,,it:ftt ~ 14-0.0 ... ~ ~ o .64··." •.•. o.~,· Avenue so· . lo+Wid-lh fro)')f -· St~ Adj..-lo s-b~. •• ,., .• -~--... ,o. ~ . <:)I .. 9'J{;':;-;__ C4""'J•'°-~ +r, 1~'w1ot::. r,..; ,\u. '" ~ c,--'■- 0 t;r,~n3"7'2-r_4-~-..,...,,.,,....~ • • • -3S.S -• • • • • l8 G»Cf. t.. 18 0 Existing ~ !l'i .,"' House 32.4 ; ~ l « I « I < <<!.!.. '; .-.. QJ :) C ~ <t ( z ·tso~lh t I 1 I 0- ~ I ' I ' I I' ... , t . " I I • • N 8°0 26 13 "W ·· o 1~0 · •--'•;_ , 0 :..... TV, 0J •Lt •·:•' o:i:· ,.__ -:i ~, \... .... ~~ (~ C.OJb~,,_ ---------·---- I-··"'; so' /-OCa1. 2.. 3<o() 1~2.C.,. ,_ ~e:rJYa.1 \b-f ccwe..v-a~ 14SOOq> I ·<, I .... ,' LEGAL DESCRIPTION OF PREMISES: Lot ·1 and the North half 6f Lot 2, Block 3, Crystal Bay Minnetonka. o: · denotes i ran marker set e: denotes iron marker found Be a r Ln g s s h own a re b a s e d u po n a n a s s LI me d d a t LI m .. _ This .survey intends to show the boundaries of the above ~esc~ibed property, and the location of an existing house and shed thereon . It does not purport to show any other improvements or encroachments. GA(l.A_jf l,.e 047,c~ rvt-,,,-)5T ~ t 'Jl'!t r c..c--P IJ '1 6 v/2 v--e.1 ., /'I. u r-J ~ s s l,oc...+-'f1<>1".J {A-7'.J 6,P ue,,,0.-l,,c,e::,--✓.;J . \3~ :t:N.Sr°(2_ -------•••--a I ■-- C!TY Or OfiO~~o "' ,·-r,,-·-1 J ., . ('"~ .. ,,, .... F'l.AN -~ ,")1 1 t:: t\. •J'i ____ .1 1'\r\l)d.-il;i . l~ APF'HUVED -01::TACH.zt> G,A,nA~~ l] ;\P!!fKNiJ) \~JU H HC'll -~;lO NS · f! ',,,",'1 • (itJ ~-' ' r/""~f:.-,,.n l . ii •·i .)J1/ r1gH/:; 0 ~ur---~,y-··i~ .-. ,--·i :111:A',PF}ir;···'~)_ 1 a~/, ,., ~ y l¼-- H ri ,.,1 ., ' ';i. 1'· 1 !d .. I, ,., . •:.,,rJ ~\lo,1ii ,:. . ~"'.'Jir· .-n "'-~I ii_P, tu fl t . 1. -DATI: , ______ zr ~_1 ~.-?-}.:_Cr 6 __ ,,,.,_, ____ _ l.,_k_-... ~ ... -•-·· --.-........... ---.. -· ....... -···•· ............. ~ .......... ~--· C,,, ~ ~ '7 ~~:~ .. ,<!$~~~~!~~., 1!~~: ·. I hereby certify that this survey was prepared by me or under my direct super- vision, and that I am a duly ,registered Civil Engineer and Land Surveyor under DATE 2·26•96 •. the laws of the State of Minnesota . SCALE f":30' 41\2 fonw,,ck Awnu~ • ·I.on• 1~1kl•, MN 55356 ;, · ' · 61:?••m·•U-tl' ·;. . ' : · i: .. ✓-I ./ ,,. .,..-, ,• /L-.., 11 /ff~-:/ -.d,.,., _ _,.r :_e-.-✓...._ Mark S. Gronberg Minnesota License Number 12755 JOB NO. 96 •4-3 5-43