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Home My WebLink AboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, July 28, 2008 7:00 o'clock p.m. *4. #08-3371 JOEL A. GERBER AND P. CHRIS GERBER, 1295 BRIAR STREET - VARIAN CE -RESOLUTION NO. 5762 Murphy moved, McMillan seconded to adopt RESOLUTION NO. 5762, a Resolution Granting a Variance to Municipal Zoning Code Section 78-420, li95 Briar Street. VOTE: Ayes 4, Nays 0. #08-3372 CITY OF ORONO CODE AMENDMENT -REVISION OF CHAPTER 86, VISE BUILDING PERMIT SURVEY REQUIREMENTS Turne stated the Ordinance attached to the staff report is an amendment to City Code Section 86-68 relating building permit application information, specifically relating to surveys. The Council tabled this item a the July 14th meeting in order to revise the language to allow for exemptions by the Building Offi ial. d. d . . .. 1 . "" d . d /I . , mance amen ment requtres an m1tia survey , a 1oun at10n survey , an an as -,t.1u1 t survey. I of the code amendment. Murphy noted Exhibit A , whi oq is the actual ordinance, contains the words unless -empted from the building .official. Murphy stateJ\ e still has some confusion regarding the ordR:ance, noting that the language under (b) (1) requires tha he survey be prepared by a Minnesota ,egistered Land Surveyor unless the building official determine he construction project is exempt Qm this section, but that items (2) and (3) do not contain that same Jang age. Murphy asked who wo ·cl be .allowed to perform the surveys under items (2) and (3). Turner indicated it is her understanding of state statute that on a registered land surveyor is able to prepare a survey . Murphy stated he has received some comments from t , ere idents that they are already being required to submit a number of surveys, the costs related to hav·ng those urveys completed, and that he is uncertain whether the language in the ordinance is clear ,@ugh. McMillan noted that a foundation survey n;i4'not always be required. Gaffron stated it was the understandin. · of Staff that the surveyor would complete all three surveys. Murphy asked what the anticipate increased cost would be to an applicant. Gaffron stated step two is P. ~ly under $500 and step three may be another $500 to $1000. McMillan stated as a l}e ~nt of the whole project, this cost is rather small , and that there 'may be some projects where the f efu ndation survey is waived. McMillan stated this would help resolve issues with , ' grading and elev,ations . / Murphy st tld he would like to make the ordinance absolutely clear to every applicant about what is being required. Murphy recommended that the language in items (2) and (3) also include similar _ \, langl,\a(e about the survey being completed by a registered land surveyor. ,, _,,., PAGE3 of7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (~370 Barb and Kevin Dulin, Continued) _./ ,/' ,, Kang state he understands the applicants ' desire to have a one-lev el residence bt1;t that the applicants will need to lo@ at ways to reduce the size of the house. · // Rice commented thatj t is difficult to find a hardship w ith this lot given its s'i;e. /' Turner stated it is her beli f the driveway is 10 feet wide but could n ofbe reduced enough to bring the lot into conformance with hardcover requirements . ./ __ // Berg concurred the size of the house should be reduced. ,/ /' Gaffron stated in the list compiled by Staff, t~e Ci~_has two equivalent lots to this one , with one lot being located in the same neighborhood . The ''7 ~250 zone is approximately the same size on both lots , w ith the approved footprint being 3500 square, feet v ersus the 5700 being requested in this application . Gaffron noted both of the two equivalent J ots' came in at 25 percent or less hardcover, and that the overage on this lot is simply a result of .the one-level re1idence . . /~"~.r ... ~ Winer suggested the applicants consider an elevator. . / Gustafson indicated the anp icants do not desire an elev ator. \., Kempf stated the Pla ing Commission does not consider this to be a hardship lot and asked whether / the applicants woulil like to table the application to allow them time to redesign their plans. . / . ~ Gustafs76ested the application be 1abled. \, Kroeger moved, Kang seconded, to table Application #08-3370, Barb and Kevin Dulin, 185 /nlo'rdia Street, to allow the applicants time to redesign their plans. VOTE: Ayes 7, Naf'..~· *4. #08-3371 JOEL AND CHRIS GERBER, 1295 BRIAR STREET, VARIANCE Kempf moved, Schoenzeit seconded, to recommend approval of Application #08-3371 , Joel and Chris Gerber, 1295 Briar Street, granting of a front setback variance to construct a two-story entry addition with a 33.8 foot front setback. VOTE: Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS ..,... ... - ~PORT OF PLANNING COMMISSION REPRESENTATIVE~::P-ENDING COUNCII?-MEETINGS JUNE 23 , 2008, AND JULY 14, 2008 ,,,,- -------------~----Kroeger stated he attended-the,JJJne 23rd meeting and t~ _ _a,.1-arge number of the items were placed on the Consent Agenda. --------.-------~ Turner noted at that meeting the 0unclld~Par-k-La11~plication, which was requesting a variance and conditional .use permit for a set of stairs. The applicants en-gineer-i:eco ended the stairs ~~ ~ -------PAGE 8 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Joel and Chris Gerber PO Box 74 Crystal Bay MN 55323 ZONING FILE #08-3371 NOTICE OF COUNCIL ACTION DATE OF NOTICE: July 29, 2008 COPIES: TYPE OF APPLICATION: Setback Variances DATE OF MEETING: July 28, 2008 VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the resolution at the City Offices (Monday through Thursday 7:30 to 5:00, Friday 7:30 to 11:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on 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. A building permit must be obtained no later than July 28, 2009. 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: 6/18/08 Date Application Complete: 6/18/08 60-Day Review Period Expiration: 8/17 /08 REQUEST FOR COUNCIL ACTION Date: July 28, 2008 ItemNo. L..{- Department Approval: Agenda Section: Zoning Administrator's Report Name: Evelyn Turner Title: City Planner Item Description: #08-3371 Joel and Chris Gerber, 1295 Briar Street -Setback Variance -Resolution Zoning District: RR-1 B (2 acres) Lot Area: 0.46 acre (including road) Lot Width: 128 feet List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice dated July 22, 2008 C. PC Memo & Exhibits of July 21, 2008 Application Summary: Applicants request a front setback variance to construct a 3 .3 foot by 10 foot two-story entry addition with a 33.8 foot front setback when the existing setback is 37.1 feet and the required setback is 50 feet. Planning Commission Recommendation On July 21, 2008, Planning Commission voted 7 to O on consent to recommend approval of the variance. Planning Staff Recommendation Approval of the setback variance per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 08-3371 Council Exhibit A WHEREAS, Joel A. Gerber and P. Chris Gerber, husband and wife, (hereinafter "Owners") are the owners of the property located at 1295 Briar Street within the City of Orono (hereinafter "City") and legally described as: The South half of Lot 6 and all of Lot 7, Block 3, CRYSTAL BAY MINNETONKA, Also: That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Northeast Quarter of the Southwest Quarter, 645.625 feet North of the southwest comer thereof; thence North 58.3 feet; thence East 208 feet; thence South 58.3 feet; thence West 208 feet to the point of beginning, all in Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Owners have made application to the City for a variance to Municipal Zoning Code Section 78-420 to allow a seven foot by ten foot two-story entry addition with a 33.8 foot front setback when the existing setback is 37.1 feet and the required setback is 50 feet.; 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 July 21, 2008, 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 #08-3371. 2. The Property is located in the RR-lB zoning district, where 2 acres is the minimum lot area and 200 feet is the minimum lot width. The Property is Page 1 of 4 approximately 0.46 acre (including road) in area and 128 feet in width. 3. The Planning Commission reviewed this application on July 21, 2008 and on a vote of 7 -0 recommended approval of the variance, based on the following findings: a. The Property is less than one fourth the minimum size for the zonmg district. b. The addition would be compatible with the surrounding area. c. The addition would allow reasonable use of the property. 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 health, safety and welfare of the community. 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would 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 grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a seven foot by 10 foot two- story entry addition with a 33.8 foot front setback when the required setback is 50 feet, subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Page 2 of 4 Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before July 28, 2009 or the variance will expire on that date. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of July, 2008. ATTEST: Linda S. Vee, City Clerk James M. White, Mayor Joel A. Gerber P. Chris Gerber Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of ______ _ 2008 by Joel A. Gerber, husband of P. Chris Gerber. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ 2008 by P. Chris Gerber, wife of Joel A. Gerber. Notary Public Page 4 of 4 ZONING FILE NO. 08-3343 -·-t EXHIBIT A RESOLUTION NO. ~ / ' '-=:~✓~ -;~;, !i-V -,! .. ,,,..-·-----(/. ----........1 \ \ -208.00·-- I I j l I i i ----- PC Exhibit E ZONING FILE NO. 08-3343 EXHIBIT B-\ RESOLUTION NO. ___ _ ~:::::::=:=! _; -o ======: CLt~ PC Exhibit F EDROOM in' '1 BATH G) 2ND FLOOR 5Cl--l~!:1}.= ___ .,_--<r._:=~ ___ _.__, ___ ____, l [7 --·~- 1 ,• ' ! (\\ I • I ~~ i i· (.,.-,,~TC.--\-~, __ __,,_'..., ! \ 'D DD -T- i ST -=FLOOR □ DD I --I ZONING FILE NO. 08-3343 EXHIBITB-RESOLUTION NO. --- i I A~ I i /; ' # ~"\ < I i I I ! E I~; E -··-- IEI I 'KC)! I ! ' / ;, ' ~-/ I I ; I I . -r-I I f~j -· ~] nffi1 rrrn I !FT1T·1 i n, I I ! ~ I , i I l~i1 0 I I i I I I I i I 11!IU 11 I I 11 17 i I I I I I C) ELEVATIO!'~ SCHE~~ 'A' ZONING FILE #08-3371 Council Exhibit B CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 22, 2008 TO: Joel and Chris Gerber 1295 Briar Street PO Box 74 Crystal Bay MN 55323 COPIES: TYPE OF REQUEST: Setback Variance DATE OF MEETING: July 21, 2008 Planning Commission recommended approval. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council-July 28, 2008 -Meeting starts at 7:00 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. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 6/18/08 Date Application Considered as Complete: 6/18/08 60-Day Review Period Expires: 8/17 /08 To: From: Date: Subject: Chair Kempf and Planning Commission Members Evelyn Turner, City Planner July 21, 2008 #08-3371 Joel and Chris Gerber, 1295 Briar Street -Setback Variances -Public Hearing Zoning District: RR-lB (2 acres) Lot Area: 0.46 acre (including road) Lot Width: 128 feet Council Exhibit C Application Summary: The owners request a front setback variance to construct a two- story entry addition with a 3 3. 8 foot front setback when the existing setback is 3 7 .1 feet and the required setback is 50 feet. Stojf Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections 11-420 Area, height, lot width and yard requirements for the RR-lB zoning district List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. AreaMap E. Site Plan F. Building Plans G. Photo of house taken by Staff Background The applicants' house was constructed around 1930. The main part of the house is two stories with a 3.7 foot by 8.9 foot wide one story front entry. The proposed addition would replace this front entry. It would be the 10 feet wide and seven feet deep. On the first floor the front half would be an open porch and the rear half an enlarged entry. The second floor would be a bathroom. A sidewalk from the driveway to the front entry would be added. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 2 acres 0.46 acre (including road) Lot Width 200 feet 128 feet Structural Coverage: Allowed Existing 3,088 s.f. 15% 2,240.8 s.f. Hardcover Calculations: Hardcover Total Area Zone in Zone 10.89% Allowed Hardcover Proposed FILE 08-3371 July 21, 2008 Page 2 of2 2,273.8 s.f. 11.05% Proposed hardcover 500-1000 20,581.6 s.f. 7,204 s.f. (35%) 5,208 s.f. (25.3 %) ( excluding roadway) Setback Variances The addition would be 33.8 feet from the right of way of Briar Street. The existing porch is 37.1 feet from Briar Street. A 50 foot setback is required. Hardship Statement 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 Would the addition be compatible with the surrounding area? If this property were zoned R- IB, a zoning district that requires a half acre lot, the front setback would be 30 feet. The houses to the north on Briar Street have similar setbacks. The house to the south was built in 1992 so it has the required 50 foot setback. But because of an angle in the roadway it lines up with the other houses on the block. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval. PC Exhibit A City of Orono 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# Q'o -3'37J Date Received: G -1 9 -0 Y) Staff : ~~ e.,.}-: Fee: $600-=-/ _____ _ Renewa:250 ~-------A ft er -the-fact: $1,200 Double Fee Escrow Fee: $600 / $2,500 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. PROPERTY INFORMATION: Site Address: 7 C~ Property Identification Number (PIN): :S &' ·* o-! : ri" ~ ·~ ;;; I t)Otl·;l,,"' Date Property Acquired (month/year): ____ □ Yes, I own the adjacent parcels. Zoning District: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (home): ------------Phone (work): Complete Address: City, State & ZIP Email: Fax: -------------------- DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): RECEIVeD -14 JUN 1 8 2008 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are 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. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Co_uncil Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the applicationray not be is_sued . Applicant's Signature: ( .-c, ( ~ Applicant's Signature:/ Date: Date: Owner's Signature: • Owner's Signature: :iii!~~::: £ -I .£ -t>Z #3371 -15 - City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) For Office Use Only : ~ I City Planner: ___ ~_, ______ _ Meeting Date/Time: PC Date : 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. PROPERTY INFORMATION: Site Address: · I 2 q5 Property Identification Number (PIN): Zoning District: ______ Size of Property : DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Hardcover 0'-75' □ Hardcover 75'-250' □ Lot Coverage □ Lot Area □ Other: □ Rear Yard Setback □ Hardcover 250'-500' □ Lot Width ~Front Yard Setback □ Hardcover 500'-1000' Applicant's Initials : HARDSHIP: Applicant and/or Owner has received the Hardship Documentation f-------1-+-----1 Form, understands it as it has been explained. to them, and is aware that it must be Owner's completed and submitted in conjunction with their formal variance application . Initials : Applicant's BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's it V\ initial application fee , as well as provide an escrow in the amount of Initials : ,v,--1 $ _____ to guarantee payment of the above. OTHER INFORMATION: no esor()J...) 'o<2...C.Aus~ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be com leted by City staff. -9 - Date: Date: RECEIVE D JUN l 8 2008 CITY OF ORONO b/l o/og 6/r~/og #3371 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM ;'J&NIJ'/ /<'. I (we) l<E v11.J ( <,Lt< LEY [print name(s)] have reviewed the plans for the proposed improvement or proposed use of the property located at .ii29:,1f /?ic)ac s-¢: also referred to as Land Use Application No.~~-,3 0 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 project or use requires Council approval. PropeOwner Date J_~{:,......,4 ..... ~f-r _......;!_1 _{;,-,,"'=t?/__,/1 ...... P_·-__ & ____ ·· ...... -_I f?_,_o_,y_· _________ Cfiy of:: Property Owner ~ Date ~1:-·k*******):*,~~~******"''****"t******'*******;l:-****************************************************************ir************"A:************ I (we)_2'---'· o-· _,_:/_4'--------'e...,_ ........... <:-1-Ke ....... -_v"'_of 2 1 ;po Ho,)pcC!•t:.::f 4 [print name(s)] [print address] have r~iewed the plaflS for the proposed improvement or proposed use of the property located at l::J,, '16 6rl ar S['also referred to as Land Use Application No. Og -3,3 7 / I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declar~r 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 propos neighbor's project or use requires Council approval. 8 Property Owner 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. -16 - PC Exhibit B 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 demonstrate_d 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 basis 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 variance 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, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." ~OY\_t ra 3. "The ',!ariance, if gran!ed, wi11V1ot_ alter the e~senti~I char~cter of th~_ locality." i-h _ _ _ 1 ,r;;: ,e,. , $c:=A-:\:::u:u· K -:fr <JY'.)I\., Ste e e:ct 1.n i. \I 1i)? J kt<:± \\e_,-,a t'.Y'z De, g hb:w:s \o . . -·-J _I Q. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." n. . 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." nA JUN 1 8 2008 -17 - CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling ." . , 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." ,, e,s . -5 -e..e # ? I I /) 9 I . "The conditions do not apply generally to other land or structures in the district in which said land is located ." ~ i :'> t= ~ J$ A c.,y e_ llliJ: ·, ~ i "---cl a:u e 2 o vie.. . ' 10 . "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the '8Plicant." -J e, S I <6 e c P: j 11 . "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." V Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property condit ions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Wkile ( -18 - RECEIVED JUN 1 8 2008 CITY OF ORONO #3371 A B C 1 House 2 a1 639.3 3 a2 346.7 4 a3 588.8 5 a4 70.0 proposed 6 a5 222.5 proposed 7 Tot House 1,867.3 8 9 Garage -10 A 629.0 11 12 Pavement w/o road 13 b 48.2 14 C 1,158.9 15 d 26.3 16 e 45.0 17 f 33.0 18 g 38.4 19 h 177.9 20 I 351.0 21 j 115.5 22 k 103.5 23 I 15.8 24 m 15.8 25 p 59.0 26 q 91.5 27 r 300.0 28 s 15.0 29 t 10.5 30 u , 9.8 31 V 19.0 32 w 23.3 33 X 47.5 34 y 4.2 35 Total Pavement 2,708.8 36 37 38 Road 39 N 1,062.0 40 41 Lot 21,643.6 42 43 Lotw/o Road 20,581.6 44 45 46 House+Garage+Pavement I Lot w/o road 47 I o.253 I ! D JUN 1 8 2008 CITY OF ORONO # PC Exhibit C 71 ":'t ·:'C~ ~ 339 7 "...::...___:_ ____ " ___ --- BE 1 Hennepin County Property rvr "'1 Print PC Exhibit D Hennepin County Property Map -Tax Year: 2008 The data conta ined on this page is de rived from a compilation of reco rds and maps and m ay contain discrepancies t hat can on ly be d isc losed by an accurate survey performed by a licensed lan d surveyor. The pe r imet er and area (square footage an d acres) are approximates and may contain discrepancies. The in fo rmation o n t his page sho uld be used fo r ref erence pu r poses only. Hen nepin County does not gua rantee t he accu racy of mat eria l he rei n conta ined and is not responsible fo r any misuse o r m isrepresentation of th is informatio n or its de r iva tives. 2.250 2255 r-. ____ _ 1285 / I / ,, l l f"-.., __ / 1345 22,35 ,-l ·-,.,,_' ... , ... , / 1205 I / , / '··,,! __ 22 5 / / /' ''-. "-.., 116 5 // , . I l;·' -.... . '·, , 1212 ·,., I 1245 ,, ', ..,__ / ' '--., ,, 1 /••. 1205 ·, .. _ ' , / ~,, /... °'"·~., '•,', ' / 1-----------'-., ( ,, '-..__, I "-..,// ...... ,/ ,'/ I'-I i 1223 )' / / "' 1230 // / · / ct , • ..-I S1 / It----..__ /0 -~------, .___ , I ct I i -.....; I / ;( // / I / 1240 // 1 2 41 / / / ~-----·/ / 1' // / I .! l / / 1251 / / 19f~ r------/"1--------11 l ' 125,0 38 / ,, 1-, I'-~---------/ i / 1' : / 1 2 75 / 1 :-.il 1 210 --l I /1940 ~ I/ 12 7 5 / _.' ,,// /'·-~, .... , 1 2 85 / / ,t-, • ......._ 1290 I l i' / / ,/ 1285 / ,' 1'' ~---~----~I i I / / 1295 ,'"-+-'-t--__ C_R_YS_-_TTA_L_A_V_!:-r----,----~-----, ,I 1 / / ,/ • l , 1' 1' I l ,, I f-----1....;.... I l / i ', l 2170 [ 21 50 2 140 38 / / / 38 ,/ ,,II 2080 l / I / HBO ' l 121 601 / / / 11 /1 / // t-:-:-:--:-::----~'--t---....L..-.J.....----'---+--... P""I"'----./ I/ I ,, F>ROSF'IEC'T AVE PROSP'ECT A V E_ t ,. ..._ ,' '-... 3 -B 12H 2170 1185 I'-1 212 1215 (IJ ct ~ 1 H 4 1223 Ill 1245 1245 <MI NNETONKA A V E 1251 12 6 1 1250 1270 129 1 1261 129,0 21 60 1271 1 285 1295 1250 ~-, --' i ; / / $p◄-;:-----._ ,----------------l 21 9 5 j 1 335 1335 ~ / ,· / I/ ,~ ~$' 4~;---. '\ l .i l i' / ------..... __ ___ I H Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area ( sqft): Area (acres): A-T-B: Market Total: Tax Total: 1355 1365 1380 1385 214 0 1335 / I / / I/ ·----, •' , l , f i VJ i , !: ,l 13 60 / .. Q I l>t. I / <l"/ -~ I 1-----,--.... / : / Q ; ... t::.--::.--:.::_~-----1 5 5 l I i i / 5 / -/ ----- 1380 1375,' <II / i § / 1380 / 1-----'---,II ,t / I /-J / / / / / ----------1/ 2 0 6 0 / ! ,/ I ,/----..!_3_90 / 1:195 / , / , I ___ , /' / I 1'' l 2080 ---// I ' / ' ,I ,, l l l Date Printed: 7/16/2008 9:41:29 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: ,1 http://gis.co .hennepin.rnn. us/H CProperty Map/Locator .aspx?PID= 1011723310044 7/16/2008 l CZ)' NIE."'------. ...... _ I ~ !C ;!:: Y"'•i'IJi ......... ""'J "'':.:: ~ -~ i.JiJ~ ~ ..... -~;;. ,, _'!:'.; •~! --= '11..-__ :..c, i ·-;; • ·t . j 9·3'9 .7 ,939-1 CEkl'.11..tFICATE OF SU&.✓EY . ---=--'--------------~--.---.-·--·---. . -----~ . .fl r PC Exhibit E ~-,. _ ! ( ,Nar tn 1.-n, ~ r 1~~ 5 ½. ,. ,·. Ld h .• 8)0(..k. _?, t ~,,·140.a o , --- ... ··----__ .._-. 2C\3 .,:X.'J '~ c.~,tl,~ 'i i1ili ,l -··,208.00·-- ~. '5 .. C l \ I \ \ \ 1 l l. __ "'-----~-- ( I \ .... ', 6 I ~ I .. l . "' '.I er. \~~ ·t· .- l l"': I I r,. t~.;,t t J_;-u .r L t.1[ LJ .L: l\t.:-;: LJ°'.af Y.S :. V-"..1;;..r ~"' C •.J t t r'i ~.,1 ::-:. St·-~~-· j ,:,11 l c,, '~ ,. .. :,--:n :;Jh 1 p ~ 1 "'-' ~,i n .. t :., ~,d~~ ·1( .2 -~ < ~ uj · 'I,(\ • f't--iq"lf .~:•Jnq r 'f :J ;_i:-:._..:.1'.'-, ;1. f.11_ ~ ... :I_J .. t .i__t ;'{." :_·, "' .. ,ll,_:_ r~;_:,i-·_,--q~-!~-1"" \.:·,.~!t':"t ,~ c l t_j !-S uu L fi iA~ _ !.':' l ..--ltd L : ,_..:. r ;~ j 'f" 1 •~=: :1 ~ ,-,_ 1,, t '\'.[,}-th _.-.; .,.. i ~-' ;-~( I ., t' t.;-r;---.. -; f :-;:-·-r;, ... ,~--1:-~:·,_~cr+;•; --e ,-,_:~ 4 ,..--:r ti ~H .... ,: 1 ~ ~ .... t i th, r·.(:F : .. r1 .... ~ ~t i:., J , fi:' ~r;n ·,,·'" .-·w1Jtli ,!'-•• · t:,:_.;_·.; l 1l •.·ll C f 1•,c•_.1 ..:··_:f:; :..:.•,--c i_n :r1, l "d • :,;t,.• '; l,. j : •··' 'j I I h:rt ns.:-•r:. r. ("·1 11.1 t , y ,. .., ;_ ~I l~~.::;;~-t ~. ---------------- .r cc ·,ere · i:: e·<1!. 1r9 s-pc,t e le•i ·:J io:-. pr-o po sed ~pa' i!l I e:vo t ron _De-n ,J ~! . !iudflce.-•dnR agt RECEIVED JUN 1 8 2008 CITY OF ORONO Pn 'C:'1et'.I ten• ·oi 1\,J ndi, -,Gn el 5:_, ::ii i,,r, :; Pr ;;,pos~ 0 Js1?m e .l I i o;:i r £'!~ ·:2 ;:;r ;;;,p9-sed g,ilr::i •;;1: r: ')t,,r f:! li:i -n-.:.,r~ BE NC:i1MARK: . 31 ':... fASTER ,EDROOM 1L __ II ,--------1 I -:2.' / It I _,; -o t I I I I CLQ I ,~,, 4' . i ~ .., i , ~ ' I ! I - Si-lOUJER ,,,~-, .. '.i, ~ l L0" '✓ANiTY }f c.i. , , , ' , BATt-t I L!NE!1',! UJC: 10'-0' @2ND EJ:..QO_~ ___ §.~Hf:.t!§ __ •~• ,'\ l I; L' = l' -0' f---'I' i >l r~ i I O:} I I --------1 i . ------l I . □ □□ i I ST TLOO'R .. .-....... -• .-.--.-.-, ,_.,,,_A...,... I 1!. ! PC Exhibit F ' i i m I i I m I i I I -~, ._.] ~1 I @:) --- I -···-~ --···----~ »/' I I i I L / I ~ I i ffi I I I r I -f'----- ':)'-5' T-11' -----k-- I"'\ .... ;§ .s::. >< w u C. I I iTJT )i, 1f r I 1 I I I I I I I , I I : I I I ' I C:IIIU -.. --~ .::::::::::=:::::=::t= --- 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(s) known as Plymouth, Wayzata, Orono Sun-Sailor and has full know ledge of the facts stated below : (A) The newspaper has complied with all of th e requirements co nstituting 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 i n sai d newspaper(s) once each week, fo r~ s uccessive week(s); it was first published on Thurs- day, the _..1Q_ day of July 2008, and was thereafter printed and publish ed on every Thursd ay to and in- cluding Thursday, the ____ d ay of ________ , 2008; a nd printed below is a copy of th e lo we r 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 th e notice : abcdefghijklmnopq rstuvwxyz Subscribed and sw orn to or affirmed before me on this _10_ day of July , 2008 . ~;dtJLL_ . Notary Public e MARY ANN CARLSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of Orono (Official Pu bl ication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Pl anning Commission will hold publi c hea rin gs in the Orono Cou nci l Chambers at 2780 Ke ll ey Parkway on Mon- day, July 21 , 2008, beginning at 6:00 p.m. on the matter of reviewing the following land use app li catio ns : 08-3367 Th omas P. and Patricia M. Kubalak , 2623 Casco Point Road , LR-1 C zoning distr ict, to construct a rep lacement residence, request a side setback variance to pl ace the house five fee t fro m the northeasterly prop- erty line when a ten foot se tb ack is required , a hardcover vari ance to have 45.4 percent hardcover in the 75 to 250 foot zone whe n the maximum al lowed is 25 percent a nd 17.4 percent structu ral coverage when th e maximum al- lowed is 15 pe rcen t. 08-3370 B a rb and Kevin Dulin, a long with J . Sven Gustafson w ith Stonewood, LLC, 2896 Concordia Street. L R-1C zoning district, request to Joel A. and P. Ch ris Gerber, 1295 Briar Street, RR -1B zoni ng district, re qu es t to All perso ns w ishing to be heard are encouraged to attend th is meeti ng. This is not a final agenda and is subject to c ha nge prior to the hearing. Written comments are ac- cepted and should be submitted to the City of Oro no by Jul y 16 , 2008 if possible. Pl ans or proposals are available for review in the Ci ty Offices and all interested persons are encouraged to contact the City for fur the r information. For an appointment, please call (952) 249-4620. City of Orono By : Pl annin g Commi ssion Evelyn Tu rner, City Planner Published in the Sun Sailor on July 10, 2008. Posted at: Orono Ci ty Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office (July 10, 2008) a2-hrgs 072 108 A 1 House 2 a1 3 a2 4 a3 5 a4 6 a5 7 Tot House 8 9 Garage -10 A 11 12 Pavement w/o road 13 b 14 C 15 d 16 e 11 f 18 g 19 h 20 I 21 j 22 k 23 I 24 m 25 p 26 q 27 r 28 s 29 t 30 u 31 V 32 w 33 X 34 y 35 Total Pavement 36 37 38 Road 39 N 40 41 lot 42 43 lotw/o Road 44 45 46 House+Garage+Pavement / lot w/o ro 47 B C =30.3*(6.3+6.5+8.3} =10.8*(11+6.3+6.5+8.3) =16.4*(17.5+8.9+9.5) =10*7 proposed =4*52.5+0.5*(10/2)"2 proposed =SUM(B2:B6) =24.1*26.1 =2*24.1 =31.75*36.5 =0.5*15*3.5 =6*7.5 '=0.5*11*6 =0.5*7 .5*10.25 =18.25*9. 75 =36*9.75 =11*10.5 =9*11.5 =0.5*9*3.5 =0.5*9*3.5 =4*14.75 =4.25*21.52 =15*20 =2.5*6 =3*3.5 =3*3.25 =3*6.33 =3*7.75 =5*9.5 =3*3.14*(16/(12*2})"2 =SUM(B13:834) =59*18 =208*58.3+140*67 .98 =841-839 =(87+810+835)1843 JUN 1 8 2008 CITY OF ORONO -- 1 CERr.1 ICATE OF SUnJEY I • ----·-- ',,-,J ," J, r;;.._,S ~ -·S I I ;€,,:;' JUN 1 8 2008 CITY OF ORONO 3371 T-11'" f7 ["' \._J J □ l 1 I r:~ ~r• u a :-l>- i " i .,_ - is, ·-i : \).~ I (]• I i. _____ ..._...,..,__..._ ______ ....., l , ____ ~ __ .J_,-, __ .. -·--··-··--...........___, ---... ·----~ JUN 1 8 2008 CITY OF ORONO #3371 L ,-- I 1 i t ~-➔r-i---t l _J r---r----f f t I L_ I_ l. r I ! t j_ ! , __ In I I f ,-i r-, ,I ! I ! I I I I i-• 1-. 1 i I i l Ii ! f' RECEIVED JUN l 8 2008 CITY OF ORONO □ u RECEIVED JUN 1 8 2008 Off¥ OF ORONO ·- 3 June 25, 2008 Joel and Chris Gerber 1295 Briar Street PO Box 74 Crystal Bay MN 55323 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 SUBJECT: Zoning Application #08-3371 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a setback variance for property at 1295 Briar Street. Our preliminary review indicates that your application is complete. It was difficult to read the legal description ( especially the numbers) on the survey you provided. Please compare the following description to the original of the survey, your deed or other document containing the legal description and let me know if there are any errors. The South half of Lot 6 and all of Lot 7, Block 3, CHRYSTAL BAY MINNETONKA, Also: That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 11 7 North, Range 23 West of the 5th Principal Meridian described as follows: Beginning at a point on the West line of said Northeast Quarter of the Southwest Quarter, 645.625 feet North of the southwest comer thereof; thence North 58.3 feet; thence East 208 feet; thence South 58.3 feet; thence West 208 feet to the point of beginning, all in Hennepin County, Minnesota Your application is scheduled to be heard by the Planning Commission on Monday, July 21, 2008. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. It will also be posted on the City's website (www.ci.orono.mn.us) on Friday afternoon before the meeting. Your application is tentatively scheduled to be considered by the City Council on July 28, 2008. Remember to post the public notice sign. Sincerely, ~Zc ~~~er City Planner 952-249-4623 Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 141 I~ i L:_ 1n ----------~ 10 -t 17-23-32 ~ fll 1 For more information contact: Hennepin County GIS Division 300 South 6th Street I Minneapolis, MN 55487 gis .info@co .hennepin .mn.us Map Comments: -Type Comments Here - I I 1191 ,s , 11 '2 1 ,~2, ------- / /"/ \ 1'3) '-, · ....... _ 1511 1 Print Date: 6/16/2008 Map Scale: 1" = 123' Buffer Size: 150 feet MINN ETONM AYE ( 1 0-J [ "" f'OJ t I m, L_ I (?jJ i' I ,Ja 1 ~) ~--...., ' H 1 :,: g ct: (25) 4- ! i:U I I I 125 1 ' ---[J4) l (:Z.1 l ~I 12111 \ CftYSTALAVE 10 -1 17-23 -3 1 rzn I' ,,11, I / 11el [1 D31 /I / 15-T) I I Map Legend : Watei- Parlc Parc:el C:=J Buffe.-Region 5elected Parcels l 101) / /4 / I v,:. l ~ / i?: ' s l 0 I ./fi l I i ,/ / , 121 -Majo.-Roads Mino.-Roads RECEIVED JUN 1 8 2008 CITY GF ORONO #3371 RUN DATE: 6/16/2008 38 10-117-23 23 0004 CLARK J WINSLOW ET AL 38 ADDRESS UNASSIGNED SHARON & CLARK WINSLOW 1205 FRENCH CREEK CIR WAYZATA MN 55391 38 10-117-23 31 0018 MICHAEL MADDIE 2170 PROSPECT A VE MICHAEL MADDIE 2170 PROSPECT A VE CRYSTALBAYMN 55323 38 10-117-23 31 0036 M &J BLUE 2160 CRYSTAL AVE MARCUS J & JUDY A BLUE 2160 CRYSTAL AVE WAYZATA MN 55391 38 10-117-23 31 0042 G&LPRINTUP 1261 BRIAR ST GARY M PRINTUP PO BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 32 0005 AL PATTERSON/LS PATTERSON 2235 FRENCH CREEK CIR ANTHONY L PATTERSON 2235 FRENCH CREEK CIR WAYZATAMN 55391 HENNEPIN er 'TY PROPERTY INFORMATION SYSTEM (PROPERTY f "ERS LIST) 38 10-117-23 31 0016 MC MADDIE & M MADDIE 2150 PROSPECT A VE MICHAEL C MADDIE 2150 PROSPECT A VE CRYSTALBAYMN 55323 38 10-117-23 310019 D&KBECKER 2180 PROSPECT A VE DO NALD & KA THERINE J BECKER 2180 PROSPECT A VE WAYZATA MN 55391 38 10-117-23 31 0037 CLARKE ZUMBACH 1290 BRIAR ST CLARKE ZUMBACH 814MAYSWOODLN LOVINGSTON VA 22949 38 10-117-23 31 0043 K CURLEY & W KELLETT 1291 BRIAR ST KEVIN CURLEY 1291 BRIAR ST POBOX41 CRYSTALBAYMN 55323 38 10-117-23 31 0017 M MADDIE & M MADDIE 2160PROSPECT AVE MICHAEL & MELISSA MADDIE 2160 PROSPECT A VE CRYSTAL BAY MN 55323 38 10-117-23 31 0035 TWELVE OAKS PROPERTIES LLC 1295 ARBOR ST TWELVE OAKS PROPERTIES LLC CHRISTOPHER R PERRY 1125 HUNTER DR WAYZATAMN 55391 38 10-117-23 3 10038 JOHNCRANGE 1270 BRIAR ST JOHNCRANGE PO BOX 105 CRYSTALBAYMN 55323 38 10-117-23 31 0044 JOEL A GERBER 1295 BRIAR ST JOEL & P CHRIS GERBER 1295 BRIAR ST PO BOX 74 CRYSTAL BAY MN 55323 PAGE: I RECEIVED JUN 1 8 2008 CITY OF O R ONO #3371 II I H Hennepin County Mailing Label Receipt 11 I Provided By: Taxpayer Services Department ----------------------------------' Print Date: 6/16/2008 1 :29:33 PM : I I I I I I I I Company or Homeowner Name: Joel Gerber Contact Person: J.G. Contact Address: 1295 Briar Street Orono, MN 38 Contact Phone: 952-249 -7879 Comments: Buffer Distance: 150ft PID LIST: Mail Label Count: 13 TOTAL COST: $25.00 3810-117-23 23 0004, 3810-117-23 31 0016 , 3810-117-23 31 0017, 3810-117-23 31 0018, 3810-117-23 31 0019 , 3810-117-23 31 0035, 3810-117-23 31 0036 , 3810-117-23 31 0037, 3810-117-23 31 0038 , 3810-117-23 31 0042, 3810-117-23 31 0043, 3810-117-23 31 0044, 3810-117-23 32 0005 , RECEIVED JUN 1 8 200 8 CITY OF ORONO #3371