HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
612-249-4600
ZONING FILE# 02-2851
NOTICE OF CITY COUNCIL ACTION
DATE OF NOTICE: 11/26/2002
-------------------------------------------------------------------------------------------·------
TO: Kevin Curley/Wendy Kellett
1291 Briar Street
Crystal Bay, MN 55323
TYPE OF APPLICATION: Variances
DATE OF MEETING: 11/25/2002
COPIES:
--------------------------------------
VOTE: 5 FOR O AGAINST
-------------------------------------------------------------------------------·-------
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through
Friday 8:00 AM -4:30 PM). All persons with an interest in the property must sign the
resolutions. The resolutions must be signed prior to issuance of building permit.
You must apply for and obtain a permit prior to the commencement of construction. (The permit
application is separate application from the zoning variance application).
Variance approval is limited to the extent shown on the approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance approval
expires one year after date of approval. Permit application must be submitted no later than
November 25, 2003.
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.
ORONO CITY COUNCIL MEETING
MONDAY, NOVEMBER 25, 2002
*8. #02-2839 Boyer Building Corporation, 3320 Watertown Road-Preliminary
Subdivision-Resolution No. 4894
White moved, and Murphy seconded, to adopt Resolution No. 4894 granting
preliminary approval for a two-lot subdivision of property located at 3320
. Watertown Road and owned by Boyer Building Corporation.
Vote: Ayes 5, Nays 0.
*9. #02-2846 Loren Pellett, 4753 North Shore Drive-Variances-Resolution No.
4895
White moved, and Murphy seconded, to adopt Resolution No. 4895 vacating a
portion of an unimproved street within the plat of Bergquist & Wicklund's Park,
Hennepin County, l\ilinnesota.
Vote: Ayes 5, Nays 0.
*10. #02-2849 Steve Jacobson, 4185 Sixth Avenue North-Variances-Resolution
No. 4896
\Vhite moved, and Murphy seconded, to adopt Resolution No. 4896 granting a
variance to Municipal Zoning Code Section 10.27, Subdivision 5(B) to allow
construction of an attached garage/bedroom addition to the .existing house to be 41.3'
from the front lot line where 100' is required in the RR-lA zoning district.
Vote: Ayes 5, Nays 0.
*11. #02-2851 Kevin Curley/\Vendy Kellett, 1291 Briar Street-Variances-
Resolution No. 4897
\Vhite moved, and Murphy seconded, to adopt Resolution No. 4897 granting a
variance to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow
construction of a front porch to the existing house to be 22.4' from the front lot line
where 50' is required and 24.8' from the side lot line where 30' is required in the
RR-1B zoning district.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Peterson stated that she had received a request from the Minnetonka City Attorney
for high-speed Internet service. Moorse stated that no service providers would go out to
the five-acre zone, and some cities are financing the business themselves. If they were to
go wireless, they would need to construct towers with antennas. Murphy stated it's not a
business for the City.
10
Application Deadline: 10/22/02
60 Day Deadline: 12/20/02
REQUEST FOR COUNCIL ACTION
Department Approval:
Name: Wendy Bottenberg
Title: Zoning Administrator
Item Description: #02-2851 Kevin Curley & Wendy Kellett
1291 Briar Street
Variances
Exhibits:
A Resolution
B Staff Report and exhibits of 11 /18/02
Pertinent Code Sections:
DATE:
ITEM NO.
Agenda Section: Zoning
1. Section 10.28, Subdivision 5 (B): Front Yard Setback: To permit a porch to be 22.4' from the
front lot line where 50' is required for the RR-lB zoning district.
2. Section 10.28, Subdivision 5 (B): Side Yard Setback: To permit a porch to be 24.8' from the
side lot line where 30' is required for the RR-lB zoning district.
Application Summary: The applicants have requested front yard and side yard setback
variances to construct a front porch to the existing residence. The proposed porch is to replace
an old porch that was removed when the house was resided.
The proposed porch will be 6' X 6' (36 s.f.). The existing residence is 28.4' from the front
property line, where 50' is required in the RR-lB zoning district. The proposed porch is to be
located 22.4' from the front lot line where 50'is required and 24.8' from the side lot line where
30' is required.
The property is located in the 500-1000' hardcover zone. The existing residence and the
proposed porch are still well within the allowed 35% hardcover at 21.2% (3,718 s.f.). The
property is sewered.
The proposed porch will result in an increase of structural coverage on the lot to 1,728 s.f. (9. 8%)
where 1,692 s.f. (9.6%) exists and 2,625 s.f. (15%) is allowed.
Discussion:
The existing residence was built in 1912. The property is located in a two acre zoning district.
However, the neighborhood is more in character with half acre zoning standards. If half acre
zoning standards were applied to this property the residence would not meet the front yard
setback. The proposed front porch still would require a front setback variance, however the
porch would meet the required 10' side yard setback.
The proposed porch is similar to a front porch approved recently for Phillip and Constance
Martin at 1230 Arbor Street. If you drive up and down Briar Street and Arbor Street you see
many of the residences have front porches.
PLANNING COMMISSION:
Planning Commission recommended by a 6 to O vote to:
Approve application as presented.
STAFF RECOMMENDATION:
To approve the enclosed resolution.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed resolution.
A RESOLUTION GRANTING VARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO. 02-2851
WHEREAS, Kevin Curley and Wendy Kellett, husband and wife, (hereinafter "the
applicants") are the owners of the property located at 1291 Briar Street within the City of Orono
(hereinafter "the City") and legally described as follows:
Lots 4, 5, and 6, Block 3, "Crystal Bay Minnetonka", Hennepin County, Minnesota,
(hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front porch to the existing
house to be 22.4' from the front lot line where 50' is required and 24.8' from the side lot line where
30' is required in the RR-lB zoning district.
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 November 18, 2002, at which time 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 #02-2851.
2. The property is located in the RR-lB Zoning District, where 2.0 acres is the
minimum required lot area. The property consists of approximately 0.40 acres.
3. The Orono Planning Commission reviewed this application on November 18, 2002
and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
Page 1 of 6
A. The existing residence was built in 1912, prior to city adoption of the current
2 acre zoning standards.
B. The hardship is the existing house location in relation to front and street lot
lines.
C. The hardcover in the 500-1000' setback zone is well below the allowed 35%.
D. Lot coverage by structures will be 9.8%, well below the 15% limit.
E. The front porch is in character with the neighborhood.
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
variances will 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 applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variances on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow construction of a front
porch to the existing house to be 22.4' from the front lot line where 50' is required and 24.8' from
the side lot line where 30' is required in the RR-1B zoning district. Approval is subject to the
following conditions:
Page 2 of 6
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. Authorities granted by this variance run with the property not with the applicants, but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval, or these variances will expire on that date
(November 25, 2003).
3. Violation of or non-compliance with any of the terms and conditions of this variance
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicants have read, understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the
25th day of November, 2002.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner ( s)
Page 3 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 25th day ofNovember, 2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this ___ day ofNovember,
2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
On this __ day of ____ ,2002, ___________ personally appeared
before me,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation of _____ ~ a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
Notary Public
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this_ day of ____ , 2002, __________ personally appeared
before me,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation of _____ _, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
Notary Public
Page 5 of 6
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13
ORONO COPY
Certificate of Survey for
Kevin Curley
in Lots 4, 5, & 6, Block 3,
Crystal Bay Minnetonka
Hennepin County, Minnesota
.•
1 hereby certify that this is a true and cor-
rect representation of·a survey of the bound-
aries of Lots 4 and 5, Block 3, Crystal Bay
!~LnA~tonka. also North i/2 of Lot 6, Block 3,
Crystal Bay, r-linnetonka described as follows:
Beginning at the northeast corner of said Lot 6;
:r,ence south 25 feet; thence westerly para I lei
1-:i•cr, the north 1 inr of said Lot 6 to the west
line thereof; thence north to the northwest
corner of said Lot 6: thence easterly to the
point of beginning,
and of the location of all existing buildings,
if any, thereon. It ooes not purport to show
cny other improvement, or encroachments.
CO~FIN & GR0~3~RG, I~:.
~/~-,,_,..,.
r•lark S. Gronberc MU. Li ?No. i27S5
Gordon R. Coff iii Mi:. Li No. 6054
Engineers, Land Surv;;yro . Pa 1 nners
Long Lake, Minnesota
5:::i~: 1 inch = 20 f~?.:
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CITY OF ORONO
P.O.Box66
Crystal Bay, MN 55323
612-249-4600
ZONING FILE# 02-2851
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: November 19, 2002
---------------------------------------------------------------------------------------------
TO: Kevin Curley and Wendy Kellett
1291 Briar Street
Crystal Bay, MN 55323
COPIES:
-----------------------------------------------------------------------------------~-
TYPE OF APPLICATION: Variance
---------------------------------------------------------------------------------------------------
DATE OF MEETING: November 18, 2002 VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council meeting on November 25, 2002, meeting start at 7 PM.
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.
ROLL
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 18, 2002
6:30 o'clock p.m.
The Commission met on the above mentioned date with the following members present:
Chair Sandra Smith, Commissioners David Rahn, Cynthia Bremer, J. Mark Fritzler, Liz
Hawn, and Jeanne Mabusth. Representing staff were Planning Director Mike Gaffron and
Zoning Administrator Wendy Bottenberg, Council Representative Jim Murphy, and
Recorder Kristi Anderson.
Commissioner Janice Berg was absent.
~hair Smith called the meeting to order at 6:30 P.M.
CONSENT AGENDA
(#1) #02-2848 PETER AND AMY GOSHGARIAN, 100 ORONO ORCHARD
ROAD, VARIAN CE '
Hawn moved, Mabusth seconded, to recommend approval of Application #02-2848
Peter and Amy Goshgarian, approving a side yard setback variance to convert the
attic space into living area of the existing residence located at 100 Orono Orchard
Road on the condition that the project meets the 30' height requirement. VOTE:
Ayes 6, Nays 0.
(#2) #02-2849 STEVE JACOBSON, 4185 SIXTH A VENUE NORTH, VARIANCE
Hawn moved, Mabusth seconded, to recommend approval of Application #02-2849
Steve Jacobson, 4185 Sixth Avenue North, approving a front yard setback variance
to construct an attached garage/bedroom addition on the residence. VOTE: Ayes 6,
Nays 0.
(#3) #02-2851 KEVIN CURLEY AND WENDY KELLETT, 1291 BRIAR STREET,
VARIANCE
· Hawn moved, Mabusth seconded, to recommend approval of Application #02-2851,
Kevin Curley and Wendy Kellett, 1291 Briar Street, approving front yard and side
yard setback variances to construct a 6' X 6' porch to the front of the existing
residence. VOTE: Ayes 6, Nays 0.
PAGE 1 of29
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Wendy Bottenberg, Zoning Administrator/Planner
DATE: November 15, 2002
SUBJECT: #02-2851 Kevin Curley & Wendy Kellett
1291Briar Street
Variances --Public Hearing
Zoning District:
Lot Area:
Exhibits:
A Application
B Survey
RR-lB One Family Rural Residential District (2 acre)
17,500 s.f. (.40 acre)
C Topographic Map
D Hardcover Calculations
E Views
F Photos of Property
Pertinent Code Section:
1. Section 10.28, Subdivision 5 (B): Front Yard Setback: To permit a porch to be 22.4' from the
front lot line where 50' is required for the RR-lB zoning district.
2. Section 10.28, Subdivision 5 (B): Side Yard Setback: To permit a porch to be 24.8' from the
side lot line where 30' is required for the RR-lB zoning district.
Application Summary: The applicants have requested front yard and side yard setback
variances to construct a front porch to the existing residence. The proposed porch is to replace
an old porch that was removed when the house was resided.
The proposed porch will be 6' X 6' (36 s.f.). The existing residence is 28.4' from the front
property line, where 50' is required in the RR-lB zoning district. The proposed porch is to be
located 22.4' from the front lot line where 50'is required and 24.8' from the side lot line where
30' is required.
The property is located in the 500-1000' hardcover zone. The existing residence and the
proposed porch are still well within the allowed 35% hardcover at 21.2% (3,718 s.f.). The
property is sewered.
The proposed porch will result in an increase of structural coverage on the lot to 1,728 s.f. (9 .8%)
where 1,692 s.f. (9.6%) exists and 2,625 s.f. (15%) is allowed.
#02-2851 Kevin Curley/Wendy Kellett
1291 Briar Street
11/15/2002
Page 1 of3
Discussion:
The existing residence was built in 1912. The property is located in a two acre zoning district.
However, the neighborhood is more in character with half acre zoning standards. If half acre
zoning standards were applied to this property the residence would not meet the front yard
setback. The proposed front porch still would require a front setback variance, however the
porch would meet the required 10' side yard setback.
The proposed porch is similar to a front porch approved recently for Phillip and Constance
Martin at 1230 Arbor Street. If you drive up and down Briar Street and Arbor Street you see
many of the residences have front porches.
History of Briar Street:
Arbor Street is zoned RR-1 B, most of the properties in the area are half acre lots. The residences
in the area were built prior to the current zoning classification. Because of this, variances have
been applied for and approved in the area. Staff researched only Briar Street. Two were found
for Briar Street.
1233 Briar Street: New deck
Average Lakeshore Setback.
1261 Briar Street: New residence.
Front yard 35.5'/50' required.
Side yard 25.9' /30' required.
Side yard Adjacent Street 15.2'/50' required.
Statement of Hardship:
The applicant should also be asked for their testimony regarding this issue.
Issues for Consideration:
1. Does the Planning Commission feel the front porch is in character with the neighborhood?
2. The hardcover in the 500-1000' setback zone is well below the allowed 35%.
3. The existing residence was built in 1912 prior to current zoning standards.
4. The structural coverage on the lot is increasing but still below the allowed 15%.
5. The well and pipe are located 20' to side (south) of the residence.
6. Other issues raised by the Planning Commission.
#02-2851 Kevin Curley/Wendy Kellett
1291 Briar Street
11/15/2002
Page 2 of3
Staff Recommendation:
Staff recommends approval of the side and front yard variances to construct a 6' X 6' porch on
the front of the existing residence.
ANALYSIS WORKSHEET
Lot Area:
RR-lB
Required
Actual
Hardcover Calculations:
Distance from Total area in
shoreline setback
500-1000' 17,500 s.f.
Structural Lot Coverage:
Total Lot Size
17,500 s.f.
#02-2851 Kevin Curley/Wendy Kellett
1291 Briar Street
11/15/2002
Page 3 of3
Lot Area
87,120 s.f. (2 acres)
17,500 s.f. (0.40 acre)
Allowed hardcover Proposed
Hardcover
6,125 s.f. (35%) 3,718 s.f. (21.2%)
Total Structural Coverage
Allowed: 2,625 s.f. (15%)
Existing: 1,692 s.f. (9.6%)
Proposed: 1,728 s.f. (9.8%)
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)
PROPERTY INFORMATION
Site Address f-J,.q/ Bll.ifJ/l STR.EtT
Application # 0 2 -2 g ~ I
Date Received /0--2:2-0 2.
Amount Paid ..f2S D
Property Identification Number (P.I.D.) IO -}lJ-23 --3 / -004s
Attach legal description to application if not included on required survey.
Date Pr~Acquired __ _._·M_/t'--'-Y_l-=1_53_(o ____________ (month/year)
I (do)~ also own the adjacent parcels of land.
Present use of property: )( residential __ other (specify) _________ _
Zoning District: __ -_______________________ _
APPLICANT ~ I Phone (home) q_':,-J-41"°-49 81
Name KeJ1 rJ C1.,,.,p..1,...£'( 1 Wfl\\t}'( {L. k£~ Phone (work)
Address: IJ..91 lJRiftR. STR.~ p.o. Box-,1 City: C&tsTfrL-BA-..,-,-M_N_Z_1-.p-: _S-_S_3_2_3_
OWNER (if different than applicant) Phone (home) _______ _
"'· Name ---------------Phone (work) --------
Address: ------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ 4fcDC ·OD
Describe request in detail: f" P.orJ-T Po R. c l4 KEPU\c.£M~N""'\. O<-.D Poz.q+-wAS
--r-o~2..N e,::~ lJ.Jl-\-Ef\.J N£V')S.l0{1\)(,, wAS Pl-l,10Nttcv\SE" (\q~.)
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width
)<l Setback: Front Side
Hardcover
Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: _______________ _
(attach additional sheets if necessary)
#·2s~1 , ~," n , 6
REQIDRED SUBMITTALS
All of the following information must be submitted bv the application deadline date in
order for your application to be considered complete:
1.
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, 348-5910).
v' 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
4"he appli<;:ant 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 c ect to the best of h" s/her knowledge.
lo -z,i-02--
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature ________________ _ Date ---------
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
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ORONO COPY
Cert i ficate of Survey for
Kevin Curley
in Lots 4, 5, & 6, Block 3,
Crystal Bay Minnetonka
Hennepin County, Minnesota
I hereby certify that this is a true and cor-
rect representation of a survey of the bound-
2ries of Lots 4 and 5, Block 3 , Crystal Bay
'.-':~nn<?tonk2, also Nert~ i/<.. of Lot 6, Block 3,
Crystal Bay, Minnetonka described 2s follows:
3eginning at the northeait corner of said Lot 6;
thence south 25 feet; thence westerly parallel
~ith the north lin e of said Lot 6 to the west
l i ne thereof; thence north to the northwest
corner of said Lot 6: thence easterly to the
point of beginning,
2~d of the location of all existing buildings,
1 i any, thereon. It does not purport to show
2ny other improvements or encroachments.
CO~FJN & GROl~BERG , J~C.
,,_,..,, S Gono·0 I'" L . 7 r 1 2--,.,a, :: . r _rg .,,._ JC . ~o. i 1::i5
Gordon R. Coffin Mi:. Lie. No. 6064
Enaineers, Land Survevros Palnners
Lo~g Lake, Minnesota· '
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HARDCOVER CALCULATIOI VORKSHEET
SETBACK ZONE: (Cm.CLE ONE) 0-75' 75-250' 250-500'
EXISTING HARDCOVER 1N' ZONE
A. House _____ x
B. ·Garage-. . ~-. ·:· ___ , .. · X
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R Landscape
Underlain
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Or Fabric
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X
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TOTAf.... HARDCOVER IN ZONE .
TOTAL PROPERTY .AJU:.A rn ZONE .
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KEVIN CURLEY
1291 BRIAR STREET
CRYSTAL BAY, MN 55323
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LAKE STATE REMODELERS
6248 LAKELAND A VE NORTH
SUITE206
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UC #20047291
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KEVIN CURLEY
1291 BRIAR STREET
CRYSTAL BAY, MN 55323
LAKE STATE REMODELERS
6248 LAKELAND AVE NORTH
SUITE206
BROOKLYN PARK, MN 55428
UC #20047291
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CITY of ORONO
P.0.BOX66
CRYSTAL BAY, MINNESOTA 55323
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55323
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of#02-2851, as mailed to the attached list of
property owners .
In Witness Whereof, I have hereunto set my hand and seal this 8th day of November, 2002.
Denise M. Leskinen
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 Council Chambers .at 2780 Kelley
Parkway on Monday, November 18, 2002, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #02-2846 Loren Pellett, 4753 North Shore Drive, requests vacation of a portion of
platted Lake Street dedicated within the part of Bergquist and Wicklund' s
Park.
2. #02-2847 James Nystrom, 1725 Concordia Street, requests a conditional use
permit to permit construction of a cupola on the rooftop of the residence to be
over the allowed height of 3 0 '.
3. #02-2848 Peter and Amy Goshgarian, 100 Orono Orchard Road, request variances to
permit the conversion of attic space to living space where the existing
residence encroaches into the side yard setback raising the roofline within the
required 30' side setback.
4. #02-2849 Steve Jacobson, 4185 Sixth Avenue North, requests a variance to permit
construction of an attached garage which encroaches into the front property
line setback.
5. #02-2850 John and Patricia Walker, 1310 Spruce Place, request variances to permit
hardcover greater than 25% within the 75-250' lakeshore setback to permit
construction of a deck to the existing residence on the property and to be
located 17' from undeveloped Grant Street where 3 5' is required in LR-1 B
district.
6. #02-2851 Kevin Curley and Wendy Kellett, 1291 Briar Street, request variances to
permit construction of a 6' X 6' front porch 24 .8' to the side property line
where a 50' setback is required and 22.4' to the front property line where a
50' setback is required .
7. #02-2853 Aulik Design Corporation, 955 Tonkawa Road, requests a variance to
permit construction of a new residence encroaching into the average
lakeshore setback and a conditional use permit for land alteration on the
property over 500 cubic yards .
8 . #02-2854 Kevin and Janet Manley, 1973 Fagerness Point Road, request a variance
and conditional use permit and review of a landscaping plan to permit
retaining walls and land alteration within the 0-75' lak:eshore setback.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted ancl should be submitted to the City of Orono by November 4, 2002. Plans are available in
the City Offices. For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
<PJ(:J~ ~
Paul Weinberger, Z~strator/Planner
To be published the week of November 2, 2002
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
f:J~:t.: -· Cl"TY .OF ORONO · {4 7~q Kelley Parkway, P.O. Box 66
••::·:· ·:. ;, Crystal Bay; MN 55323 _ -
.:Ft·-Phone (952) 249-4600 · ·
;.,~~~::,i ; Fax (952) 24~616 fj _~,~~\· : ~· .\ :": ~ .. . .
;1$,e:_Plan~ing Commission ~ill h~id
publ ~$.e\nfngs _ ip the Council Chambers
at 2780 ·Kelley Parkway ·on Monday,
Nove-mber 18, 2002, tieginning at 6 :30
p.m.-pn the matter of reviewing the follow-
ing land use applications :
:1. #02-2846 Loren Pellett, 4753
Nor#i Shore Drive, requests vacation of
a portion of platted Lake Street dedicated
withiJ'.l the part of Bergquist and
-Wiclilund's Park. · l #02-2847 James Nystrom, 1725
Concordia Street, requests a conditional
use J,ermit to permit construction of a
cupola on the rooftop of the residence to
be o,je r the allowed height of 30'.
·;3 . #02-2848 Peter and Amy
Goshgarian, 100 Orono Orchard Road,
request variances to · permit the conver-
sion '.of attic space to living space where
the ~xisting residence encroaches into
the s_\de yard setback raising the roof line
within the required 30' side setback.
I i #02-2849 Steve Jacobson, 4185
Sixth'Avenue North , requests a variance
to permit construction of an attached
garage which encroaches into the front
property line setback .
5. #02-2850 John and Patricia
Walker, 1310 Spruce Place, request vari-
ances to permit hardcover greater than 25
percent within the 75 -250' lakeshore set-
back to permit construction of a deck to
. · the existing residence on the property and
to be located 17' from undeveloped Grant
Street where 35' is required _in LR-18 dis-
trict. · _ i _,. ·
6 . #02-2851 Kevin Curley and Wendy
Kellett, 1291 Briar Street, request" vari-_ ·
ances to permit construction _of a 6' X 6'
front porch 24.8' to the side property line _
where a 50' setback is required .and 22.4' ·i
to the front property line where a 50' set; \
back is required .
7 . #02-2853 Aulik Design
Corporation, 955 Tonkawa Road ,
requests a variance to permit construction
of a new residence encroaching into the
average lakeshore setback and a condi-
tional use permit for land alteration on the
property over 500 cubic yards. _
8 . #02-2 854 Kevin and Janet Manley;
1973 Fagerness_ Point Road , request a
variance and conditional use permit and
review of a · 1andscaping plan to permit
retaining walls and land alteration within
the 0-75' lakeshore setback.
All persons wishing to be heard are
encouraged to attend this meeting .
Written comm ents are accepted and
should be submitted to the City of Orono
by November 4, 2002. Plans are available
in the City Offices . For an appointment,
please call (952) 249-4600.
City of Orono
By: Planning Commission
Paul Weinberger, _ Zoning
Administrator/Planner
(Published in The Laker and Pioneer
Nov. 2 , 2002)· ·
Affiaavit 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.02, 331 A.07, and other 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 _2 __ day of __ N_o_v_e_m_b_e.c..r=---2002,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of _______ 2002;
'Authorized Agent
Suscribed and sworn to me on this
KRISTI HOLM
NOTARY PUBLIC-MINNESOTA
My <.;ommission Expires Jan. 31, 2005
-' -,
Rate Information
(1} Lowest classified rate paid by commercial users
for comparable space: $15.50 per inch.
(2) Maximum rate allowed by law for above matter: $15.50.
(3) Rate actually charged for above matter: $7.96 per inch.
Each additional successive week: $5 .79.
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 $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address rzq1 Bil ff)/)_ S TR.£.6['
Application # 0 2 -2 g I
Date Received /0 -2:2-0 2.
Amount Paid .. :J-2 S D
Property Identification Number (P.I.D.) IO -II 1 -2 3 ·-3 I -0-043
Attach legal description to application if not included on required survey.
Date Prope!:!)' Acquired __ ~'M_/t_Y~-'~<>[_'i3_(o ____________ (month/year)
I (do) ~ also own the adjacent parcels of land.
Present use of property: )( residential __ other (specify) _________ _
Zoning District: _________________________ _
APPLICANT . , I Phone (home) q _~-J-41"-49 81
Name kev'I N Cv-rt 1.-~ '( ~ w~()Y IL ' ~~ Phone (work) ______ _
Address: l;)..91 lJRiltR. STR. .. P,o. Box.qi City: C<-tST.,.rL-BA"f, MN Zip: S:S323
OWNER (if different than applicant)
Name
Phone (home) _______ _
----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost$ Lf~DO·OD
Describe request in detail : f P.orJT Po R. c H KEPLAc.£M6N"\. OW) Pen.c..,+ wAS
-r-ovL~ ~F Wl+E1') N£~ StO(N<,, wAS PLtr-oN tto\i\.SE"" ( \q~.)
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
)<l Setback: Front Side Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: ________________ _
(attach additional sheets if necessary)
#2851 6
REQUIRED SUBMITTALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1. ✓
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, 348-5910) .
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 applic;ant 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 c ect to the best of h's/her knowledge.
lo-22-02-
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature ________________ _ Date ---------
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
7
Adjacent Property Owners' Acknowledgement Form
I (we) ~-J.~~lt-<s 'er k.er of--t---{~~-~2 _c;--_(>_· _("i_C..a,r_-__
[print name( s)] [print address]
have review~d the p~ans fq_r Jhe proposed improvement or proposed use of the property located
at 18'9( if}i:1ct/ .>f'plso 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 ~quires Council approval.
Date {
Property Owner Date
******************************************************************************
I (we) ____________ of __________ _
[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 equire Coun app val.
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.
#2 8
SEP-9-2002 10:40A FROM: T0:9525468755
Hennepin County Taxpayer Services Department
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Parcel Information
Parcel ID 1011723310043
House Number 1291
Street Name BRIAR ST
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CITY of ORONO
Mr. Dave Schultz
Lake State Remodelers, Inc.
6248 Lakeland Avenue North #106
Brooklyn Park, MN 55428
October 15, 2002
Dear Mr. Schultz:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
I have enclosed a variance application packet as requested. The application deadline to appear on the
November 18, 2002 Planning Commission agenda is noon, Wednesday, October 23rd. The
following items are required to complete your application:
1. Completed Application Form and $250 variance application fee.
2. 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, they can be
contacted at (612) 348-5910). They will need to know from you the property address or
property identification number for the lot the variance is being requested.
3. List of the legal names (include marital status) of all persons with an interest in the property.
This would include name of applicant if not current owner.
Do not hesitate to contact me should you have any questions. I can be reached at (952) 249-4600.
Sincerely,
YJ«LJ.
Paul Weinberger ~
Zoning Administrator
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
II
RUN DATE 10/18/02
BATCH 505
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
38 10-117-23 23 0004
00038 ADDRESS UNASSIGNED
CLARK J WINSLOW ET AL
SHARON & CLARK WINSLOW
1205 FRENCH CREEK CIR
WAYZATA MN 55391
38 10-117-23 31 0036
02160 CRYSTAL AVE
M &' J BLUE
MARCUS J & JUDY A BLUE
2160 CRYSTAL AVE
WAYZATA MN 55391
38 10-111-23'31 0039
01250 BRIAR ST
LAURIE A PEARSON
LAURIE A PEARSON
1250 BRIAR ST
WAYZATA MN 55391
38 10-117-23 31 0044
01295 BRIAR ST
JOEL A GERBER
JOEL & P CHRIS GERBER
1295 BRIAR ST
PO BOX 74
CRYSTAL BAY MN 55323
TAXPAYER TOTAL BATCH 505 00012
NAME/ADDR
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 31 0018
02170 PROSPECT AVE
BOBBY D JOHNSON & WIFE
BOBBY D JOHNSON
BOX 123
CRYSTAL BAY MN 55323
38 10-117-23 31 0037
01290 BRIAR ST
CLARKE ZUMBACH
CLARKE ZUMBACH
1290 BRIAR ST
WAYZATA MN 55391
38 10-117-23 31 0042
01261 BRIAR ST
G & L PRINTUP
GARY M PRINTUP
PO BOX 104
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
REPORT NO. PI435401
PAGE 20
38 10-117-23 31 0019
02180 PROSPECT AVE
D & K BECKER
DONALD & KATHERINE J BECKER
2180 PROSPECT AVE
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
PO BOX 41
CRYSTAL BAY MN 55323
38 10-117-23 .32 0005
'02235 FRENCH CREEK CIR
D S & J SIKKA
DALJIT & JASWINDER SIKKA
2235 FRENCH CREEK CIR
WAYZATA MN 55391
II
RUN DATE 10/18/02
BATCH 505
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 21
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURA1E AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE -HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
DAT ,/_d-2{-t1ZBYQ~f'll<l"~""'.L...,_"""""~~e::..:.::--=~
OF MY KNOWLEDGE AND BELIEF. ·~,
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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 data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit
or license.
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
6. Your full name is required to process this application or permit.
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Certificate of Survey for
Kevin Curley
in Lots 4, 5, & 6, BI ock 3,
Crystal Bay Minnetonka
Hennepin County, Minnesota
I hereby certify that this is a true and cor-
rect representation of a survey of the bound-
aries of Lots 4 and 5, Block 3, Crystal Bay
Minnetonka, also North 1/2 of Lot 6, Block 3,
Crystal Bay, Minnetonka described as follows:
Beginning at the northeast corner of said Lot 6;
thence south 25 feet; thence westerly parallel
with the north line of said Lot 6 to the west
line thereof; thence north to the northwest
corner of said Lot 6; thence easterly to the
point of beginning,
and of the location of all existing buildings,
if any, thereon. It does not purport to show
any other improvements or encroachments.
COFFIN & GRONBERG, INC.
~£~
Mark S. Gronberg MN. Lie. No. 12755
Gordon R. Coffin MN. Lie. No. 6064
Engineers, Land Surveyros, Palnners
Long Lake, Minnesota
Scale:
DatE-~
• 0
1 inch = 20 feet
November 11, 1987
Iron marker found Iron marker SPt
TRACKING SHEET
FILE NO. 02-2851
Staff: WJ1..,~
SITE ADDRESS: 1291 Briar Street
Applicant: Kevin Curley & Wendy Kellett
Address : 1291 Briar Street
Crystal Bay, MN 55323
Owner: Kevin Curley & Wendy Kellett
Address: 1291 Briar Street, P .O . Box 41
Crystal Bay, MN 55323
□ Meeting with Staff Date: ______ _
□ Application Completed Date: / Q..., ~ -();L, 60 Day: l ci__ -d-0 -0;;;).....
□ Incomplete Notice Sent Date: ______ _
Copy of Application Sent to:
__ Engineer _ County DNR MCWD
Property Owners Notified: Date:___,_l---'-\~---=-~---O_,J'-----
Legal Notice Published Date: __ \ -"-\-_,8-"-----()~d--~--
LMCD
PC Meeting(s): __ ) '~-'l~g.,......_._O~J.----____ Vote: (G-o) &?P~
Vote: ---------------------
Vote : ---------------------
D Notice of PC Action: l \ _, l 9 ...,0 d------'--..:...__-----=--------------
City Council Meeting(s): ___ \_d-_-_9-'---'0=----=d=----_____ Vote:
Vote: -------------·-------
Vote: --------------------
□ Resolution: