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Home My WebLink AboutProject PacketC f sr CITY OF ORONO �`^�'L �"� ''f �tt.� te►�.; /�_tv VARIANCE APPLICATION Application Fee $100.00 l2\ After -the -Fact Fee $200.00 -------------------------------------------------------------------------i go PROPERTY LOCATION Site Address 1261 J.clNh S'rFc:.::3 1 Property Identification Number (P.I.D.) 10-1 -2Z-1 Please check one -- Is the property A abstract or torrens? Please attach legal description to application if not included on required survey. APPLICANT Name (;aitt w. S: �,II+D� L. P�.l;�.'L'F' Phone 475-2172 Mailing Address p. p. rSOX 104, ji,iSIAL SAY, LiN. 55323 -------------------------------------------------------------------------- OWNER Name GAhl id. & Lli+DA L. PhlNTUP Phone 475-::172 Mailing Address 1261 Bklwi, S'i'h:s'P, P. V. ouX 104, Oht3` AL BAY, lilt. 55325 Date Property Acquired JULi/ 4i7,05 (month/year) I (do) (do not) also own the adjacert parcels of land. --------------------------------------- --------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use of Property hh-lb X Residential Other (specify) --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $2 0.0pC."D Describe request in detail: he wish '.0 ',ula' :i; ld' x 26' sd°itie!, Lo the north side of oi:r exis;:inr7 hoa.s, whtflh Sri 1 Jr"rep th's struaLire Le within 10.7' o` the lot 1 ir,e . -------------------------------------------------------------------------- VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances ( Front X Side Rear) Other lover) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: ::XLi2'II1( surv*y Attached); LOT SIZE -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual propert y conditions preventing compliance with Zoning Code Requirements: ''r.� ;,'I'i'tiCci:.�) St`nV't r��it },i:i'Iw�, 5.},t►C'PUhir LU(:.'i'TUN; --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners Dist of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes ( N 10) pre -addressed to each of the names r-.i the above list with no return address. 4. Certificate of survey. 5. Plat Map. 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 payallfeesand/or unusual expenses incurred in review of this application, aV certif ies hat t" information supplied is trLA and correct to the best of /her-jcnow)/ed1Ae. / Applicant's signature i ftor-101ff . LAA Date 12 /1-4/84 OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the proper4y by City staff, consultants, agents, commission members, d Council riembe s for purposes of investigation and verification of this uest�J- Owner's signature Date 1'1/14/04 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. I Received of aff CITY OF ORONO P.O. BOX 6r, (.1 NI-RAL Rl...'(*I-'IPT CR',STAI. BAY. KiN56323 TELEPHONE 473-7358 I anti 0h e,: t Program Div. Amofnt By 166S,4 �n� DOLLARS TO: Finance Department FROM: Building and Zoning Department DATE: SUBJECT: Refund of Zoning Sign Deposit, Application #i Please refund the $40 s.gn deposit for the above -referenced application. The sign has returned in good condition. Original receipt /been no.__ / !oQ 14_� Please mail check to: Name CI,0,4-t/ _Dated At -A. At-.4 Address Y� X 16 The sign was damaged when returned. Please refund only the amount listed: $ {, Signature Building Building and Zoning Department Date- -Y-5� RUN DATE 12/11/84 BATCH OC1 PROP ADOR OWNER NAME TAXPAYER NAME/ADDR f 38 10-117-23 31 0038 PROP ADDR 01270 BRIAR ST OWNER NAME THE MAPQ NATL BK 1.PLS TRSTEE TAXPAYEP DIANNE J MATTILA NAME/ADDR 1270 BRIAR ST CRYSTAL BAY MN 55323 38 10-117-23 31 0341 PROP ADDR 01251 BRIAR ST OWNER NAME LA:.'RENCE P QUAST d WIFE TAXPAYER ADELINE QUAST NAME/ADDR 1251 BRIAR ST CRYSIAL BAY MN 55323 38 10-117-23 31 0044 PROP ADDR 01295 BRIAR ST OWNER NAME ALEXANDER J JENTILUCCI ETAL TAXPAYER 694-302 NAME/ADDR ALEXANDER d DIANE JENTILUCCI 1295 BRIAN ST ORONO MN 55323 HENNEPIN COUNTY PROPERTY REFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 1 38 10-117-23 31 0036 38 10-117-23 31 0037 02160 CRYSTAL AVE 01290 6RIAR ST DONALD J SHAPIRO ET AL CAROL H BERGERSON MARCUS J A JUDY A BLUE FAYE M HARTRAltET # 4S BOX 62 1290 BRIAR ST CRYSTAL BAY MN 55323 WA1'ZATA MN 55391 38 10-117-23 31 0039 38 10-117-23 31 0040 01250 BRIAR ST 01251 BRIAR ST J A G STOWE LAWRENCE P QUAST i ►IFE JAMES D STOWE ADELINE QUAST 1250 BRIAR ST 1251 BRIAR ST ORONO MN 55323 CRYSTAL BAY MN 55123 38 10-117-23 31 0042 01261 BRIAR ST G A L PRINTUP GARY M PRINTUP P 0 BOX 104 1261 BRIAR CRYSTAL BAY MN 55323 38 10-117-23 31 0073 01245 ARBOR ST KAP.EN E BJERKENG KAREN E BJERKENG 1245 ARBOR ST MAYZATA MN 55391 38 10-117-23 32 0002 38 10-117-23 31 W 3 01291 EPIAR ST EMORY H WHITE EMORf H WHITE 1291 BRIAR ST CRYSTAL BAY MN 55323 38 10-117-23 31 00r3 02170 MINNET" A AVE M i J MC CLELLAND MICHAEL P MC CLELLAHD 2170 MIIS1ETONKA AVE N P 0 BOX 45 CRYSTAL BAY MN 55723 PROP ADDR OW14ER NAME • TAXPAYER TOTAL BATCH 001 00012 Kingsley H Murphy Jr k NAME/ADDR Kingsley H Murphy Jr 2265 North Shore Dr Wayzata, MN. 55391 ij RUM DATE 12/11/84 HENNEPIN COUNTY PROPERTY INFOPHATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LI;;T PAGE 2 BATCH 001 I CEPTIFY THAT THE FAt ; REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COLITY DEPARTMZNT OF PROPERTY TAXATION. T HE ECST OF MY KNOWLEDGE AND BELIEF. � DAT&V �L 16 SC' PROPoSEp �leo�rr•N file . f • � ,«t c. 4 e IX CU 11 :'� _ ....I•.^L Cr: .�Gi _i!_ ;i r ;.a:Ji.k' .a. 1:.�,' .'l' 1 C: C•l JT -ix V 3► 3 V.. 1-o -t y i k'a ka EXHIBIT (n iNS-cn TAR- SO o i N 4 1 NN KA MINNE NKA AVE z �L a 3i' v /'�c t] 03 . QR-- L 0 49,P /0 7CRYSTAL (ilL-,!� AVE ?/ ' l �{ % " PROSPECT AVE 0) In ;o AIN I 1 0 3 3112 't 4f 1 3 r 49 7 a 4w, 4z I 1for in :.ots 2 ..r:c �, ::c�'t C- ..•..e: i.'_ :rs�.c.^.ram So' 5,20 .... .sit :_s�`1i __�•_ —.... _ ___ ik f raOGC :.C:iL: CC"._ ...._'.. ...:F� �•. u �:'.,l :.i::. �G�S'i3f;. I'�.:_:_:.P•.:...�i'.I. �?f u �i�� ♦..f: .i..J.....T�!'S O. _,G r �I?_ .l.c: :,JLf.:• r.. r. of .,Ot {. -ec: • It -c's; not i.: ::.G• o .i. 1:-rvc:zntL or ..�LiE 1•� _ �� :rite . C. . Iron r.:.rrer !%e .t{r. 6064 CITY OF ORONO NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Mon.ay, January 21, 1985, on the matter of the following land use applications: 1. �ary M. Printup, 1261 Briar Street - side setback variance for an addition to principal structure. 2. #884 Richard 6 Patricia Eller, 2655 Shadywood Road - setback variance for the storage of boat on residential property that also exceeds the allowed maximum 20 feet in length. 3. #886 Richard W. Ragatz, 1945 Concordia Street - lakeshore setback and hardcover variances for proposed deck. 4. #887 Frederick Winston, 765 Spring Hill Road - variance to 1000 square feet area restriction for an accessory structure. All persons wishing to be heard wi 1 I appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission JeanMabustvh, Building 6 Zoning Administrator To be published the week of January 7, 1985 CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I , __ Teri Naab, of the City of Orono, Hennepin County, Minnesota, do hereLy certifiy that a Notice of Public Hearing concerning Gary Printup, 1261 Briar Street Variance - Public Hearing was mailed to the attached list of property of owners on In Witness Whereof, I have hereunto set my hand and seal this 14th day of January 1985 Teri L. Naab, Secretary CITY OF 06NO Affidavit of Publication State of Minnesota ) )SS. Count of Hennepin ) // ulcer au .ulha.t I'd .iris, .ad rmpl,n.r of IN IwhL, h•I ul ihr r...p.[a r U.wn .. 1l. I�k,..n] lu. lull Irw. ir,if. lied kilo. IAI The rr—ptlt•r li.s a.ngd y .0 .11 M III, —.1amuni arr li in.n ., . kid irrtpxpet, of. pf,—k J In NW-4. S10u1. ))1 U.. )11 ub..ai ahrr .ppl..hk I.....� f 151 The pr.ntN—It"'e'- / / c�•�_ `{"• l/ v rkr.h ,. .it..hrd via. rut Irum the aalumn. if ..id rrr.pjlwr. .rid ... pnnled S11d powmailirJ un.r ra1, hot //�,{ / _.u.. r..nr rer►.. ;I r., hr.i or puhb.6aJ ail��. Ike_._ .4n d �" r. IY_—• , hid *• Nrrurur prim. xad puhl..h.J — r.rr. _ w wd whtd.q ___ thin__ __ ____ day d Pi,akJ Nlo. -f it. h,r.r — .Il.fuhrf IP.0 A k• /. Art Iftloo—r..h«h 1. knrlq ;kiwr laJird u urinF Ikr we and kind .4 Ilpr irr'J .n I!w i•.iy...o u,n .n1 Our,,..loin ,J II. n..«. .A Ja'lih,il:nu«,pyr.iu. r as t juts nbrd .rd in, this._ ., . tin 1u NG.r mt J/ Y iv^. f^•. �qrM. NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Drown Rcad on Monday January 21. 1985 on the matter of the following land use applications 1 No 883 Gary M Printup 1261 Briar Stfeel—side setback variance for an addition to principal structure 2 No 884 Richard and Patricia Eller. 2655 Shadywood Road —setback variance for the. storage of boat on residential properly that also exceeds the allowed maximum 20 feet in length 3 No 886 Richard W Ragatz. 19.05 Concor dia Streef —lakeshore setback and hardcover variances lot proposed deck 4 No 887 Frederick Winston. 765 Spring Hill Road —variance to 1000 square feet area restriction fo. ar, accessory structure All Personv wi: ning to nP heard voids appear at this tome . tter, romm. are sohci••,d P"Is are available lot renew Ine City offices City of Orono By Planning Commission Jean Mabusth. Building and Zoning Administrator 1Pu, shed -i The Laker Jan 8 1985f jw C11Y 01 0 R 0 �� Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF DUBLICATION STATE OF MINNESOTA) as. COUNTY OF HENNEPIN) Donald K. Mortens9n . ___ being duly sworn on an oath says that he/she is thic publisher or authorized agent and employee of the publisher c' the newspaper known as Wayzata/ lymouth Sailor __ and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A02, 331A.07, and other applicable laws, as amended. (8) The printed__ Not ice o_f _Pu b._1 i c Hear . ny s which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on ___._Monuuy_. __ , t: e . _ _7 day of Ja nu r y19 8 5, and was thereafter printed and published on every __ -_ ___._. _.. _._ ______ to and including _—__.____— the —._—_ day o1 ______.__ , 19 and printed below is a copy of the lower case alphabet from A to Z, both inclus ve, which is heret)y acknowledged as being the size and kind of type used in the composition and publication of the notice: I.bcdel�htlklmnupyr%tu.+��r / ` y TITLE:._4Perations Manager Subscribed and sworn to before . m on this 11 _. day of __Jan 19 8.5 J � Not f"Ic COUNTY ;c: July Z, 191` RATE INFORMATION (1) Loweat classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually cf r the above matter . UIIir.Jl 1'xNMJnox. 1 i t \' IIF' /INII�II �11T111: lit. 111mnmt Conunmsion will hold h I is, Ilea) mx, set loss- Counrd Ch..m I.-r. A 1'J75 Soulh Ntown N..Jd sin Nnnd..s. 1.tits.,r� 21. '10114 nn thr mdtI -r of Ihr luli,mmg land 11.4- JP phrJhun% 1 r147 (;..r% %I Prntlupy. 1261 tort SlnvI - sods- %rthark tart- onrr lot in ,.ddtunn It principal .I curl urt• 2 /6M No •hard A Nirwo., f.l• ler Z.-A ShadywttuA Ro..d • .11. li..rk t'ananer for the Ftorailt• of lN.at uu residential prospers)' ihal alw rsreeds Ihr allourd mass. .mutt 20 fwt in length 3 roue l4whard YI' RJt`.11. IWS 1' mtordta Sir.•rt - lakes nrr srt- har► .ond hardcover sJnanrr. I..r pr(sim-wA derk 1 #M7 Frederick Mmslun 76S r.not 11.11 NoJd • san.mre lu I.Mxt ..ju..rc terl arv.. rr%Iris-imn for Jn mic,postry struclur.- All persono, w ishinot to tx• heard %III ..pima .d this time Urttlen rum mono% .,re %olu tied flan, arc as.r.i Josh• i..r rrviru .n Ihr t'11% nlfirr% t .t} of W4 u Nt t'Linnmg Cnninto Sion Jt:A% %IAlit %Tit iliuldme A bm—nit AdnunvirJler :.L.n 7 Iwo%. I.W. i `l Is- 11r O . t,!' 1 (Line, word, or inch rate) S line (Line, word, or inch rate) $�_p-P-z__line x-comp (Line. word, or inch rate) TO: Planning Commission FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 7, 1985 SUBJECT: #t883 Gary & Linda Pr.intup, 1261 Briar Street - Variance Application - Side Setback `variance for an addition to principal structure Zoning District - RR-1B - Rural Residential - 2 acre List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Sketch on Survey Existing Lot = 75' x 140' = 10,500 sf or 0.24 acre Existing Proposed Required Side Setback = 28.7' 10.7' :;0' Variance 19.3' or 64% This is a request for a side setback ,ai lance to allow zpp14 (--:i1t to construct an addition to his house to within 10.7' of the side lot line. Since this is located in a currently non-sewered area within the two acre zone, the septic system has been reviewed. Staff notes that the existing septic system is located in the front yard and extends into the right-of-way, then north to near the property line, with one drainfield line extending back alorl the north lot line. The applicant has been advised that the expansion of the house to the extent proposed would not be allowed based on the encroachment near the drainfield and the fact that the additional ' iving space would create a potential for additional water usage with little or no way to expand the septic system. Applicant is requesting you review this application based on the city sewer being installed con;:urrently with his addition. This application certainly brings to light the inconsistency of the current two acre zoning with the historically dense Crystal Bay neighborhood. In a half acre or even a one acre zone, the proposed addition would not require a vo riance; yet in the "Crystal Bay Sewer Study area", 60 of 79 existing houses, nr 76%, are on lots of half acre or less. We will likely be reviewing variance applications in this neighborhood as long as the two acre standards :ontinue to apply. Note that no hardcover limitations apply. Staff recommends you consider approval of this variance application contingent upon the Crystal Bay Sewer Project becoming a reality. If the sewer project does not happen, we recommend denial of the application based on the inadequacy of the lot to support an adequate septic system indefinitely. r.{ MINUTES OF T11E ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 1 ATTENDANCE 7:30 PM The Orono Planning Commission met on the above date with the fallowing members present: Chairperson Goetten, Rovegno, and Sime. Planning Commission members McDonald, Kelley, and Callahan were not present. Building & Zoning Admir:-strator Mabusth, Assistant Zoning Administrator Gaffron, and Recorder Sutton represented the City staff. Council Representative Frahm was also present. #853 DOUG KLINT 3545 IVY PLACE SUBDIVISION OF LOT LINE REARRANGEMENT #876 RANDY ASPLUND 3424 EASTLAKE ST. VARIANCE EXTENDED PUBLIC NEARING (1 883,GARY PRINTUP 2f BRIAR STREET VARIANCE PUBLIC BEARING 7:35-7:36 PM Tom Bernier was present. Doug Klint arrived while the Planning Commission wds makirg the motion to approve the application. Rovegno moved, Sime seconded, to recommend approval of the plat of a lot line rearrangement known as Casco Cove finding the new building envelopes unrestricted and satisfying all standards of the LR-IC Zoning District and all existing structures meet the required setbacks. Approval is subject to the condition that a drainage easement within Lot 3 be designated on plat Prior to scheduling subdivision fir Council action. Motion, Ayes (3), Nays (0). Rovegno moved, Sime seconded, to table the Asplund variance application until the applicant can be present. Motion, Ayes (3), Nays (0). At the end of the meeting, Randy Asplund sti 11 had not arrived at the meeting so Planning Commission acted on the application. Rovegno moved, Sime seconded, to recommend denial of the variance applications of Randy Asplund for the fence and the concrete patios within 75' of the lakeshore based on the fact that the applicant has demonstrated no hardship for basis of approval of the variance. Motion, Ayes (3), Nays (0). Gary and Linda Printup were present. Assistant Zoning Administrator Gaff ron noted the certificate of mailing and the affidavit of publication. There was no one present in the audience for this public hearing. Chairperson Goetten closed the public hearing at 7:36 p.m. . MINUTES OF THE: ORONO PLANNING COMMISSION MEETING OF JANUARY 21, 1985 PAGE 2 (I883)GARY PRINTUP Assistant Zoning Administrator Gaffron explained that with the pending Crystal Bay Sewer Project underway, that it was staff's opinion that this variance not be approved unless the sewer project is approved. Gaffron noted that Printup does wish to add bedrooms and a bathroom. Sime stated that he would not be able to approve this application until he was positive that the Crystal Bay SewL r Project is confirmed. Sime stated that the intent of the Counc.i l is that the tax payers pay half of the bill for sewer installation into the Crystal Bay area and that this may not happen i f the genera 1 tax payer may not want that extra bi 7 1 . Gary Printup stated that he has a contractor that can do the work right away and when spring comes that contractor will be working on another project. Rovegno suggested directing staff not to present the application to Council until there has been an affirmative determination that the Crystal Bay Sewer Project will commence and so that the timing is such that the sewer construction would be concurrent with the proposed addition. Rovegno state) that if the Crystal Bay Sewer Project doesn't get approval, then the Planning Commission's recommendation would be for denial. Rovegno moved, Sime seconded, to recommend appr, 'al of this variance application contingent upon the Crystal Bay Sewer Project becoming a reality; if such sewer project does not happen, then Planning Commission recommends denial of the application based on the inadequacy of the lot to support an adequate septic system indefinitely. Motion, Ayes (3), Nays (0). #884 RICHARD ELLER 2655 SHADYWOOD ROAD VARIANCE PUBLIC HEARING 7:43-8:30 PM Mr. and Mrs. Richard Eller were present. Zoning Administrator Mabusth noted the certificate rf mailing and the affidavit of publication. Mabusth presented a petition that she had just received froma neighbor of Eller. Mabusth explained that Richard Eller seeks variances to the residential exterior storage section of the code. Mabusth stated that Eller seeks a variance to the size standard because he claims that at least two of his immediate neighbors have boats over 20 feet in length stored in their yards. Mabusth stated that a second variance to the exterior storage section is sought by the applicant claiming there is no other area on the property to store the boat because of the sloping topography. Chairperson Goetten read into the record the petition ar- follows that was signed ky 33 of Eller's neighbors: ZONING FILE NO 883 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal stay, MN 55323 473-7357 Date of Notice: 1/23/85 ----------------------- - ------------------------------------------------- TO: Gary Printup COPIES TO: P.O. Box 104 Crystal Bay, MN 55323 --------------------- ---------------------------------------------------- TYPE OF APPLICATION: XX Variance -------------------------------------------------------------------------- Date of Meeting: 1/21/85 Vote: 3 For 0 Against Planning Commission recommends the following: XX Approval: Subject to conditions noted below NOTES AND SPECIAL CONDITIONS: Recommendation of approval subject to the sewering of this property as part of the Cyrstal Bay area project. -------------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Council (Date contingent upr.�n sewer project approval.) If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the official Planning Commissi-)n minutes, they are available from the City Recorder after review and approval by the Planning Commission. TO: Council FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: April 26, 1985 SUBJECT: #883 Gary & Linda Printup, 1261 Briar Street - Variance Application - Side Setback Variance for an addition to principal structure Zoning District - RR-lB - Rural Residential - acre List of Exhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Staff Sketch on Survey Existing Lot = 75' x 140' = 10,500 sf or 0.24 acre Existing Proposed Required Side Setback = 28.7' 10.7' 30' Variance 19.3' or 64% This is a request for a side setback variance to allow applicant to construct an addition to his house to within 10.7' of the side lot line. Since this is located in a currently non-seweree area within the two acre zone, the septic system has been reviewed. Staff notes that the existing septic system is loc^ted in the front yard and extends into the right-of-way, then north to near the property line, with one drainfield line extending back along the north lot line. The applicant has been advised that the expansion of the house to the extent proposed would not be allowed ba ,ed on the encroachment near the drainf ield and the fact that the additional living space would create a potential for additional water usage with little or no way to expand the s-ppticsystem. Applicant requested that thi s application be reviewed based on the city sewer being installed concurrently with his addition. This application certainly brings to light the inconsistency of the current two acrE zoning with the historically dense Crystal Bay neighborhood. In a half acre or even a one acre zone, the proposed addition would not require a variance; yet in the Crystal Bz y area, 60 of 79 existing houses, or 76%, arc on lots of half acre or less. Wewill likely bereviewiny variance applications in this neighborhood as long as the two acre standards continue to apply. Note that no hardcover limitations apply. #883 Printup Page 2 April 26, 1985 Staff recommended approval of the application only if the Crystal Bay sewer was approved. Planning Commission at their January 21, 1985, meeting recommended approval (3-0) contingent upon the Crystal Bay sewer project becoming a reality; if the sewer project did not happen, their recommet►dation was for denial. Commissioner Rovegno suggested to staff that the application should not be presented to Council until after the sewer issue was decided, and the rest of the Planning Commission concurred. A resolution For approval is attached. Note that the projected date for individual connection availability is November 1, 1985. The resolution rcguires the applicant to use care in order to avoid damaging his septic system during construction of the addition. 5002041 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO, 1754 GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUB ISION 5 (B) FILE SUB WHEREAS, Gary Printup (hereinafter "the applicant") is owner of the property located at 1261 Briar Streit within the City of Orono (hereinafter "City") and legally described as follows: Lot 3 and South 1/2 of Lot 2, i' 1 ock 3, Crystal bay, Minnetonka (hereinafter "the nroperty"); and WHEREAS, the applicant has appliEd to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 p (B), to permit construction of an addition to his home, which addition will be located 10.7 feet from the side nroperty line where a side yard setback of 30 feet is normally required, and located 40 feet from the front property line where a 50 foot front yard setback is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File No. 883. 2. This property is located within. the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 21, 1985 and recommended approval contingent on the installation of municipal sanitary sewers in the Crystal Bay area, which sewers would serve this property. 4. The City Council on April 22nd, 1985 directed City staff to draft a resolution approving construction of municipal sanitary sewers for Crystal "ay. 5. The existing lot area is 0.24 acre in a zoninq district where 2.0 acres of area is required to construct a new home and no additional land is available for purchase in order to allow applicant's proposal to meet the required setbacks. 6. The existing house location and small lot size constitute a hardship to the property. Page 1 of 4 v • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1754 7. The proposed addition will not encroach further into the front. yard setback than the existing house. 8. The City Council has considered this application in- cluding the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 9. 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 neigh- boring property; would not merely serve as a convenience to the owner, but is necessary to alleviate a demonstrable hardship or difficulty; i,: necessary to prrserve a substan- tial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Compre- hensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction an addition to a home, which addition will be located 10.7 feet from the side property line where a 30-foot side yard setback is normally required,and located 40 feet from the front property line where a 50-foot front yard setback is normally required, subject to the following conditions: 1. The applicant shall proceed with the construction pro- ject in a manner so as not to disturb the proper functioning of the existing septic system, and shall connect to the municipal sewer within the prescribed time period after the sewer is available for connection. 2. Authorities granted by this variance run with the pro- perty not with the owner, 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 13, 1986). 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 he punishable ar, a misdemeanor. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1754 4. The undersigned applicant has read, under3tood and here- by agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono on this 13th day, ,Q_4: May, 1985. 16 ATTEST: o thy M. L, nO` City Clerk Mary C. ttler, Mayor Prope'rty,vwner Property Owner Page 3 of 4 City of ORONO RESOLUTION THE CITY COUNCIL NO. STATE OF' MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 1754 On this Itn day of /'1A`1 f 1985 before me a Notary Public within and for said county, personally appeared C- -Orz-f ' 1, F'F'iN-7-ctf'3 known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Q� RON MM ' P G . 1NNE40 M 11 My N�'N Go � M NEmy'NEP Ey:•�e� STATE OF MINNESOTA NOTARY PUBLIC ` MY COMMISSION EXPIRES )SS. COUNTY OF HENNEPIN ) On this �_>�t' day of /�� ,� 1985, before me a Notary Public within and for said County, personally appeared l_ known to me to be the person(s) described in and why executel the foregoing instrument, and acknowledged that he ( Liiey) executes] the same as his (their) free act and deed. �.s.•E. MIGNAEL P' ytt-HL 4 C NI HENNEP�Er,.�...� NOTARY PUBEIC , MY COMMISSION EXPIRE!' Page 4 of 4 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 CITY OF ORONO ) I Dorothy M. Hal 1'n, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on May 13 _ 19 _85 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof. I have hereunto set my hand and seal this 14th�day of ---__May..------- 19 85 / 4),�� t♦ �� •�. �yf lye, thy M Y aliin, City Clerk x ��.� -sue►' .,:- _ *,"c z, This document is being recorded for the benefit of the City of Orono per Minnesot Statutes 386.17. 41L -. Thomas J. Elmo, City Attorney State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 66 Crystal Bay. MN 55323 TRAP45HR ENTERED t" � ";; , i V 1 PUIP h. t?LCn tDS �' • :�' : i COiJN TY Mlkw r�- 5002041 CWf', U.Cu -ja NO FEE REQUIRED MOS JUy 11 g03:28 02041 D21) MINUTES OF TILE REGULAR ORONO COUNCIL MEEL'ING VELD MAY 13, 1985 PAGE 10 AKY PRINTUP 6 br.: '.R STREET VARIANCE RESOLUTION t1754• #876 RANDY ASPLUND 3424-3444 EASTLAKE VARIANCE DENIAL RESOLUTION Gary Printup was present. Councilmember Frahm moved, Counci lmember T. Adams seconded, to adopt Resolution #1754, A Resolution Approving A Variance to allow applicant to construct an addition. Motion, Ayes (4), Nays (0). STREET Randy Asplund was not present. Mayor Butler s»ggested tabling the application until the applicant can ue present. #895 T.M. CROSBY 1240-1260 BRACKETTS POINT SUBDIVISION RESOLUTION 11755 T.M. Crosby was present. Councilmember L. Adams moved, Councilmember T. Adams seconded, to adopt Resolution #1755, A Resolution Approving a Metes and Bounds Subdivision of a Lot Line Rearrangement for Thomas Crosby. Motion, Ayes (5), Nays (0). 1897 CHUCK PETERSON 825 OLD LONG LAKE BLVD PRELIMINARY SUBDIVISION Chuck Peterson and Ward Krueger were present. Assistant Zoning Administrator Gaffron reviewed --jith Council the proposal of the applicant to subdivide a 4. +cre parcel. Councilmember Frahm asked staf f i f each lot has 2 , = of dry buildable. Frahm asked thi -� because he felt them some wetlands on the property. Assistant Zoning Administrator Gaffron felt that the area question is dry buildable but stated that staff would agai; check the area to see if it should qualify for wetlands. Gaffron also noted that testing for an alternate drainfield site for the existing house had not yet been completed. Mayor Butler moved, Councilmember Frahm seconded, to table the Peterson application until May 28, 1985 Counci 1 meeting in order to allow staff extra time to confirm the area in question, whether it is dry buildable or wetlands. Motion, Ayes (5), Nays (0). #901 KARL JOHNSON 3393 CRYSTAL BAY ROAD VARIANCE RESOLUTION 11756• Councilmember Frahm moved, Councilmember T. Adams seconded, toadopt Resolution #1756, A Resolution Denying an After -the Fact Variance. Motion, Ayes (4), Nays (0).