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HomeMy WebLinkAboutProject Packet• LAND USE PLANNING ZONING VARIANCE APPLICATION CITY OF ORONO P.O. Box 66, Crystal Bay, M1nnn,,t.1 55121 471-7157 EXHIBIT -471 1 7T INSTRUCHONS• Please first reed the attached Information Sheet. Complete Items 1 - 13 .Type or Print). If needed, ettmch letter or other Information to better Arecribe your request. Incomplete applications will not be accepted. 1. PROPERTY ADDRESS Legal description shall be shown on attached Survey, Exhibit J 2. APPLICANT Nome A • GAc t{,-& N i1_ = Phone L(Z- Meiling Address 'Q'C 16��^CKf l 1 5 r t lZ ��• If Applicant !a not owner, explain 3. OWNER Name M i) � 1 A S. f r Phone }>- 4 b Z Mailing Address J�c V Date Property Acquired "A4'f (Month/Year) I (do) (do n6t) also own other adjacent parcels of land 4. AGENT me— Phone — Fine Mailing Address LIST OF EXHIBITS e-1ctivtion Ini ia1 ADDlfcation must Include. 1 Applirdtion Form 2 Property Owners List 1 :/"" Certificate of Survey Fe Receipt Date Received By 1:1 S Sj f per . Staff information# 4 _ Plat Map 5 Inventory 6 _ Staff Comments Other Information 7 B 9 5. NOTICES Should be sent to: Appl1 cent _ _ Owner Agent 6. PRESENT ZONING USE DISTRICT 2 _ 7. PRESENT J SE ge+tdentlal -1 _ (Other) — Vacant land Vacant Buildings) _ tlreupied Butlding(s) 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ establish new use cnntinve or expand existing use _ build new _ add on _ resedel replace Describe request in detail: 9. VARIANCE(S) REQUIRED to n,, the requested Mork: Lot Area let Width Hardcover Setback (_ . Front _ Side gear) Other 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with Zoning God.? requirements: 6. PRESENT ZONING USE DISTRICT 7. PRESENT USE R•ildrntial L (Other) Vacant lJnd Vacant ButldtnR(e) _ _ Occupied Ruildinq(s) _ 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST _ establish new use V Contin,ie or expand existing use _ build new _ add un _ remodel _ replace Describe request in detail: ��.N�:'�A'� IN�i-- �f, F G�Z/4Get �4 ►� 9. VARIANCE(S) REQUIRED to do the requested Work: lot Area tot Width Hardcover Setback (_ . Front _ Side Rear) Other 10. Describe UNUSUAL PROPERTY CONDITIONS prrventing compliance with 7.oninq Clod,- require -,ants 11. Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting from strict enforcement of zoning regal. c igf�fts 12. Describe EFFECT OF PROPOSED WORK on neighboring properties and on the neighborhood In general: ( A-(, L t?__ iet n7 G g;1- iN(, c N L7r w, _ r The APPLICANT and the PROPERTY OWNER must sign and date this aFplication. The APPlAr.AKr hereby agrees to provide all info... tion The CMNFR hereby acknowlydttes and &steps to this application required or requested by the 7jning Administrator, agtees nod further authorizes reesnnable entry onto the property to pay 411 fees and/or unusual expenses incurred in review by City staff, consultants, agents, co-m1 4.inn members, of this application, and certifies that the information end Council members for purpose.; of in, estigation nd supplied It true and correct to the bett of hia knowledge' verification of this request: i Applicant's Signature Date Owner' Signature Da t e APPLICATION DEADLINE IS F TPST 110INDAY OF T?I :IONTH BEFORE PLANNING3 C0121ISSION "Ma,. /WN ff W.N @ AXON vo c dtV IN. 1.60 X I IT lob VIM 5 0 5 0 0 I -.0 , #A 0 X 0 ;00 * I 0 14 41'0 QL.'N DATE 10/26/83 • BATCH 004 35 11-117-L3 33 C104 . ^90P ADDR 0,450 FPACrETiS POINT RD :£P NA"E r.'.PTHA 5 A A LACHLAN REED PAIEP CtRTHA 5 A A LACHLAN PEED +;!"E ADDP 15:0 E0ACKETTS POINT RD • WAYZATA MN 55391 PR^_i -CR '• "=!E_ 'C'AL "CATCH 004 00003 • �a • • • • • • HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 11-117-23 33 0005 01480 BRACKET'S POINT RD MARTHA S A A LACHLAN REED ROGER L A LYNN C HEADR.ICK 1440 BRACKETTS POINT RD WAYZATA MN 55391 UV h j Nnv - 2 W CITY OF ORON! REPORT NO. P1435401 PAGE 7 38 11-117-23 33 0006 01500 BRACKETTS POINT RD MARTHA S A A LACHLAN REED MARTHA S A A LACHLAN REED 1500 BRACKETTS POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED APE AN ACCUPATE AND TRUE REPRESENTATION OF INFCRMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUtJTY OEPAPTMENT OF PPOPERTY TAXATION, TO.•THE BEST OF MY KNOWLECGE AND BELIEF. + n DATE — a BY 'Tt, st of \lkG-f LApf� LEI cH[qN jefrb (CARrMle. fit 4. C w-j, K' 1'4J r -Jl,) if rt Zz It, I 1 Z>7oizt; RnCW I I -7 EXHIS� 6)(KI bi + C-j t� vs r u E 5 S s M G 1 C r, 0 SU iG 1 JAI VC) Ly / N G Ac, -I-"I Y(i 1 ezS A 1r A le (?p m 10 Fr'IGt ACi-i�N i SAS t--OCA a ! O�YS No Na Peta yE--A S6CcLU;A%A s A-; a t� tq� AEI l N ve-N iG �Y ; NG 5 �c S t i 6 ( � f wE2 zCA) . i CK N FCESs�Y �c-ol� 1� �L 1` V n(� CCN lAc ► �UitJN6 �S�1til C C 1)V ► --S i /� i E - ,AI imbs, cu-i- U d #'7 OCT 2 F I�� LACMLAN REED 1500 •RACK[TT'6 POINT ROAD WAYZATA. MINNIfOTA 55351 als/A 7!•4 a 0 2 October 25, 1983 Ms. Jeanne A. Mabusth City of Orono P 0 Box 66 Crystal Bay, MN 55323 #7 Dear Ms. Mabusth: Herewith the completed application form minus the to be provided "Certified list of property owners within 150 ft of your lot". This has been requested from Hennepin County but they tell us it will be Thursday before it is available. Meanwhile, I trust that Everything else is in order. You are so helpful it is always a pleasure to work with you. ALR/kam Enclosures (Application, Land survey, Floor plan $100 fee � Sincerely, LOWL,-:-Ji t � N 0 C T 2 ; 19Er' if ---..CITY .Of C.' LACMLAN REED 1500 •RACK[TT'6 POINT ROAD WAYZATA. MINNIfOTA 55351 als/A 7!•4 a 0 2 October 25, 1983 Ms. Jeanne A. Mabusth City of Orono P 0 Box 66 Crystal Bay, MN 55323 #7 Dear Ms. Mabusth: Herewith the completed application form minus the to be provided "Certified list of property owners within 150 ft of your lot". This has been requested from Hennepin County but they tell us it will be Thursday before it is available. Meanwhile, I trust that Everything else is in order. You are so helpful it is always a pleasure to work with you. ALR/kam Enclosures (Application, Land survey, Floor plan $100 fee � Sincerely, LOWL,-:-Ji t � N 0 C T 2 ; 19Er' if ---..CITY .Of C.' LACHLAN REED 1645 NORTH OCEAN WAY PALM •EACH FLORIDA 7316 309/644 7660 October 28, 1983 Jeanne A. Nabusth City of Orono P 0 Box 66 (;rystal Bay, MN 55323 Dear Ms. Mabusth: Enclosed is the "Certified list of oroper�y owners" along with three envelopes stamped and addressed !o the owners. If : can be of any further assistance, Please do not hesit-a!e to contact me at 341-2766. Sincerely, Mrs. ,Caren A. McGl vnn Secre`ary to A. L. Reed Nam Enclosure (Certified list of proper_y owners j self addressed, s_amped envelope, TO: Planninq Commission FROM: Michael P. Gaffron DATE: November 18, 1483 SUBJECT: #796 Lachlan Reed, 1500/1450 Bracketts Point Road - Variance Zoning District - LR-lA Application - Variance from certain performance standards of the home occupation accessory use, zoning code section 34.043 LIST OF EXHIBITS Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owaers list Exhibit D - Submitted Survey Exhibit E - Survey Showing Current Property Boundaries and Ownership Exhibit F - Remodeling Planp Exhibit G - Owner's Note of Explanation The applicant is requesting a variance to remodel an existi g garage into an office for his management consulting businc:7s. The application does not meet certain standards of zoning code section 34.340 (refer to 34.043). Proposed 1. Office space in detached building on a separate lot from owner's dwelling. 2. Employment of secretary Required Occupation must be conducted within the principal structure; Entrance to office must be gained from within that structure. No employed assistant allowed The applicant resides at 1500 Bracketts Point Road. He also is the owner of 1450 Bracketts Point Road which is separated from his resi-ience by a 2)' platted City right-of-way, and upon which the subject garage is located (see Exhibit E). Note that the property owners list did not include the Pillsbury property immediately adjacent to the subject garage. The applicant's remodeling plans include creating two office spaces, a rest room, storage space, and adding a 12' x 19' second story deck to the lake side of the structure. This deck .'.s not shown on the survey and it is not. known whether it would encroach within the 75' required lakeshore setback. #796 Lachlan Reed .�. Page 2 Variance I. order to issue a variance to the performance standa•,-'s in question, the Planning Commission must make the findings set forth in Zoning Code Section 32.340 (a, b, c, d an& e). If a variance is granted, staff recommends such variance be subject to the following conditions: 1. A special lot combination be completed by the applicant, and filed in the chain of title of both Lots 1 and 3, with the following conditions: a) The accessory use shall be permitted only as long as the applicant owns both Lots 1 and 3. Any new ownership of either lot would auto- matically terminate the accessory use, and the new owner would have to reapply for a variance to the home occupation section. b) The remodeled structure cannot be rented out and shall not be considered a legal rental unit. 2. Existing on -site system must be inspected and approved for this use by on -site manager. 3. If Planning Commission feels this deck is a necessary or allowable feature of the application, applicant must provide a survey showing all setbacks and apply for a variance to the non -conforming use section of the code. (this is an expansion of a non -conforming structure) CxX-k k b ,i + H MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1993. PAGE 7 796 LACHLEN REED 1 BRACRETTS POINT RD VARIANCE [.oren Gardner, Lachlen Reed's contractor, was present. Zoning Administrator Mabusth noted that Mr. Reed is asking for two variances for office occupation since it is not on his homestead lot and that Mr. Reed is asking for a paid employee to be included. Mabusth noted that it would be a low volume office use. Gardner noted that no additional building would be involved and that Mr. Reed wants an office for himself and his secretary. Gardner noted that Mr. Reed would have the office in his house but that the house isn't big enough and that Mr. Reed wants to preserve the bedroom space. Sime noted that although there has been no reaction from the neighb.-rs you are violating every code the City has. Sime noted from a practical standpoint it is okay. Chairman Rovegno asked about how much home signage would be allowed. Zoning Administrator Mabusth stated that she didn't think that Mr. Reed had proposed any type of signage, but that the code has speci f is Standards for such use. Goetten read sections from the zoning code which specifically state that an office occupation use has to be within the principal structure and you can't have a paid employee. Goetten noted that this garage is right next to the Pillsbury garage. Zoning Administrator Mabusth stated that it is an allowed use under the home occupation section but that this wouldn't be on Mr. Reed's homestead lot. Chairman Rovegno noted if this applicatior was denied that Mr . Reed wants his of f ice in the home that he could apply to attach it to his home that would just require a builds,.,: permit, which would increase hardcover on his homestead lest. Callahan noted that the garage -wild easily be turned into an apartment because it has a bat'..room. Callahan stated that the garage is not on the homeE-tea.1 lot so the sections of the zoning c,)de that allow a 'home occupation" don't apply because this is not in tie principal structure. Callahan stated that the var iance is for an accessory use :ind not the hom stead lot. Callahan noted it was a recent subdivision that created the lots this way too MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1983. PAGE 8 #796 LACHLEN REED Goetten stated that it is an expansion use of a garage (cont.) and that they are asking for a deck too. Kelley asked what the hardship was? Adams stated that there are many legitimate reasons for denying the application b on she eF�' ablished regulations. Adams noted co:. _ring the area and spacing is such that there is no adverse affect on the neighborhood, and that he is basicly in favor of granting the variance. Adams noted that there are employees going to work on the surrounding properties (caretakers, etc). Councilmember Adams stated that considering this individual and the area that ?t shouldn't be a future problem. Callahan agreed as far as it would be Mr. Reed but that a future owner could have two houses. Callahan stated that a future owner could tear down the caretakers house and garage and have another buildable lot. Callahan noted that it is a variance to an accessory use. Zoning Administrator Mabusth noted that where a new owner comes in is where the problem starts. Chairman Rovegno mDved to recommend r)proval to the home occupation Section 32.340 based on the following findings: 1. Office space is in a building detached from the dwelling and on the separate lot from the owners home, -'.-ad and owner does live on the abutting property separated by an unimproved public right of way. 2. Lack of ability to employee an assistant that this will provide for employment of a secretary. One employee only. Approval based on the following conditions: 1. Applicant to sign off on a resolution stating that this accessory use ceases when applicant/owner no longer owns both Lots 1 and 3, Block 1 - this special home occupation use is only approved for applicant while he owns both Lots t and 3, Block 1. 2. Any change in ownership would terminate this special accessory use and the new owner of Lot 1 would have to reapply for such use of accessory structure. 3. Remods-led structure cannot be rented out and shall not be considered a legal rental unit. MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 21, 1983. PAGE 796 CHLEN REED 4. Limited to one employee only. 5. Septic system to be inspected for this use by the On -Site Manager. 5. Deck not included in this approval and applicant to construct an external stair case to provide for fire access. Sime seconded. Vote: Ayes (4), Nays (2). Callahan asked under which lot the resolution would be filed under? Callahan and Goetten minority opinions. Goetten stated that this is not an accessory use to the primary homestead residence, it is a substandard setback for the garage, the occupation must be conducted within the principal st-ucture and no employee is allowed in Section 32.340. Goetten noted that they would be setting a precedent by approving this use. Callahan agreed with Goetten and noted that it doesn't fit in the general area and long range planning of the City. #799 BRUCE CLARK 1186 LYMAN AVENUE VARIANCE Terry Clark was present. Zoning Administrator Mabusth noted the lot was shy 22% in area. Mabusth noted that staff would need a septic design. Mabusth noted that also there is one lot left before the City can complete the cul de sac. Goetten moved to recommend approval of the variance application of Bruce and Terry Clark based on the following findings: 1. No other land is available. 2. No other variances is requested. 3. A lot area variance was approved in 1977. Approval based on the following conditions: 1. Provide evidence of access/driveway easements to this portion of Tract A. 2. Satisfy the requirements of the on -site code for an on -site Sewage treatment syst"In. 3. Applicant t ) quit claim deeA the remaininj portion that abutts their property for the c�.ii de sac. Adams seconded. Vote: Ayes (6), Na­s (0). CITY of ORONO Post Office Box 66•Crystal Easy. Minnesota 55323-Municipal Offices Telephone 473-7357 Lachlen Reed 1500 Bracketts Point Road Wayzata, MN 55391 NO'e::CE OF PLANNING COMMISSION ACTION Date of ','­ting 11-21-83 Votes: 4 For 2 Against Planning Commission recommends the following: Control No. _ 796 _ Variance _ Conditional Use Permit Subdivision, Preliminary Date of Notice Approval: As submitted X Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS 1) Applicant to sign off on resolution statutory that this special accessory use will cease when the applicant no longer owns Lot 1, Block 1 - this special home occupation use is only approved for applicant while he owns both Lots 1 and 3, Block 1. 2) Accessory structure on Lot 1, Block 1 may never be used as a residential unit 3) This variance approval will limit applicant to one employee 4) Septic system serving accessory structure to be inspected by the On -Site Manager. Deck ..ot appro.t.0 1.1 this reconmer.datior if fire code requires external act:uss from second story then a stair case may be 0constructed. You will be advised prior to the Council meeting at which Applicant's next scheduled meeting is confirmed as: Council will act on our a lication C�) Applicant's additional meeting is for the Planning Commission Council next scheduled meeting is dependent information. Deat'line for the or meeting. Y PP upo:, rc^e; pt of In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. if yc,u de ire certified copies of the official Planning Commission Minutes they are a-ailable from the Building and Zoning Secretary upon review and approval by the Planning Commission. TO: Walter R. Benson, City Administrator FROM: Michael P. Gaffron, Assistant Zoning Administraor DATE: January 19, 1984 SUBJECT: #796 - Lachlan Reed - 1500 Brackett's Point Road - Variance Zoning District - LR-lA Application - Variance from certain performance standards of the home occupation acc..ssory use, zoning code section 34.043 LIST OF EXHIBITS Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners list Exhibit D - Submitted Survey Exhibit E - Survey Showing Current Property Boundaries and Ownership Exhibit F - Rer..odeling Plans Exhibit G - 0.,ner's Note of Explanation The applicant is requesting a variance to remodel an existing garage into an office for his management consulting business. The application does not meet certain standards of zoning code section 34.140 (refer to 34.043). dosed 1. Office space in detached building on a separate lot from owner's dwelling. 2. Employment of secretary Required Occupation must be conducted within the principal structure; Entrance to office must be gained from within that structure. No employed assistant allowec The applicant resides at 1500 Bracketts Point Road. He also is the owner of 1450 Bracketts Point Road ,- separated from his residence by a 20' platted City right-of-way, and upo• which the subject garage is located (see Exhibit E). Notu that _he property owners list did not include the Pillsbury property immediately adjacent to the subject garage. The applicant's remodeling plans include creating two office spaces, a rest room, storage space, and adding a 12' x 19' second story deck to the lake side of the structure. This deck is not shown on the survey and it is not known whether it would encroach within the 75' rcluired lake:,hore setback. #796 - Lachlan Reed January 19, 1984 Page 2 In order to issue a variance to the performance standards in question, the Council must make the findings set forth in Zoning Code Section 32.340 (a, b, c, d, & e). Planning Commission Recommendation - to recommend approval of the variance to certain performance standards of the home occupation accessory use application of Lachlan Reed, in a split vote of 4 in favor and 2 against, subject to the following conditions: i) Applicant to sign -off on resolution stating that his special accessory use will ccise when the applicant no longer owns Lot 1, Block 1. This special home occupation use is only approved for applicant while he owns both Lots 1, & 3, Block 1. Any change in ownership would terminate this special accessory use and the new owner of Lot 1 would have to reapply for such use of accessory structure. 2) Accessory structure on Lot 1, Block 1 may never be used as a residential unit. 3) Variance approval lim'ts applicant to one employee. 4) Septic system Lerving accessory structure to be inspected by On -Site Manager. 5) Deck is not approved in this recommendation. If fire code requires external access from second story, then a staircase may be constructed. Minority Opinion (Callahan & Goetten) "Goetten bated that this is not an accessory use to the primary homestead residence, it is a substandard setback for the garage, the occupation must be conducted within the principal structure and no employee is allowed in Section 32.340. Goetten noted that they would be setting a precedent by approving this use." Callahan agreed with Goetten and noted that it doesn't fit in the general area and long range planning of the City. Council action - give staff conceptual direction to approve or disapprove and call for a resolution to be drafted for the next scheduled Council meeting. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 23, 1984. PAGE 4 #788 FRESHWATER FOUNDATION 2. Shared access within Outlot E for Lots 1 and 2, Block 2 must be approved by Hennepin County highway Department prior to issuance of building permits by City of Orono. 3. City to acquire underlying road and utility easements over Outlot C. 4. Flowage and Conservation easement over all drainage areas. 5. Open space easement over Outlot A, B, D and E to assure density credit for 8 residential units. 6. The petition for rezoning to LR-lB be formally approved in the form cf an ordinance at final plat approval. 7. City Council will decide at the time of final plat approval what the park dedication fee should be, if any. 8. The final determination by the City Council that there is adequate sewer and water service to serve these lots and that appropriate procedures have been agreed to concerning payment for any sewer assessments or water assessments and/or charges as may be deemed appropriate by the City. 9. Agreement, if necessary, showing the transfer of any hookup rights to sewer from the remaining property to the property to be ueveloped as part of this project. 10. No future variances will be granted. Motion, Ayes (3), Nays (0). City Attorney Malkerson stated that on the question of credit for open space, the present code states that you may reduce the land or cash that would otherwise have to be dedicated but not by an amount to exceed 25 percent. �ialkerson stated that you can give them credit but only 25 percent credit. ' /_79(i LACHLEN REED 1500 BRACRETTS POINT RD VARIANCE Mayor Butler moved, Councilmember Frahm seconded, to table Ldchlen Reed's variance application until he can he present. Motion, Ayes (3), Nays (0). C'ITY4 0110NO Control I'lo. C: :96 7 ,is 'I \ 1.01 Bay. %Is 1) :1, ­Ia -Mi umvip.ki ( )ffit os TO: Lachlen Reed 1500 Bracketts Poi jad Wayzata, Mn. 5539). Copies to: Meeting Dato 1/23/84_ Notice Date 112�8_4 xxx Variance Conditional Subdivision, Subdivisions Use Permit Preliminary Final COUNCIL ACTION Vote: 3 For 1"'gainst Absten-tion MOTION to table_your_application until you are able to attend a regularly scheduled meeting of the Council. The following is a list.`Jig of the - -------- - dates of the next two meetings of the Council: 1) February 13, 1984, Monday 2) MQMd9Y Please advise the Building & Zoning Department a week before the scheduled meeting if you are able to attend one of the Council meetings. DEADLINE DATE for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE ccntact Building Inspector before be -inning work. VARIANCE APPROVAL is limited to the extent shown on app7oved plans. Do not change plans. variance authority expires one year after approval. CONDITIONA!, USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIM1114ARY SUBIMITSION APPROVAL - Applicant must provide all information and/or improvements; r(-qttired for final approval. Contact Zoning Administratoi. FINAL SLIMIVISION A111IRMAL - Applicant must have drawings, resolution and all other reqiiired documents recorded, with certification of such record iag re. ttirncd to the Citv by deadline date. tiffed copits of' official '.:it.v '?o - t - ! - nc i - I 'lint - Iles m-1V_ oFJ 1- ,.e r Fa i7e(T V cont:'(-! !I,;- Allr.w at least three weeks fr,,,.-r iieeting date.