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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 11, 2016 7:00 o'clock p.m. *12. #16-3812 GREG REITAN AND SALLY NEUBAUER, 925 BROWN ROAD NORTH - VARIANCES -RESOLUTION NO. 6605 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6605, a Resolution Granting a Variance to Municipal Zoning Code Section 78-1279(6) for Property Located at 925 Brown Road North. VOTE: Ayes 5, Nays 0. *13. #16-3813 DALE GUSTAFSON ON BEHALF OF MATT BURNS, 1180 LOMA LINDA A VENUE -VARIANCES -RESOLUTION NO. 6606 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6606, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1279 and 78-1680 for the Property Located at 1180 Loma Linda Avenue. VOTE: Ayes 5, Nays 0. 14. #16-3814 ALEXANDER DESIGN GROUP ON BEHALF OF PETER AND MELISSA SANTRACH, 1700 BOHN'S POINT ROAD -VARIANCES Gaffron stated the applicants are requesting two variances consisting of an average lakeshore setback variance and a hardcover variance in order to construct a new residence. The property is located at the very end ofBohn's Point and the property to the immediate south has no house. The property to the north does have a house. The property consists of two-thirds of an acre. The applicants are proposing to replace the existing residence and driveway. Gaffron displayed a layout on the overhead. The applicants are proposing a fairly large driveway apron given the difficulty they have maneuvering the current driveway. There are a number of retaining walls near the lake as well as other areas of hardcover. The applicants are proposing to revise the hardcover for the driveway to have an in leg and an out leg. The proposed hardcover is 27.2 percent and existing hardcover is 29 percent. There is a 25 percent hardcover limit in Tier 1. The other issue relates to the average lakeshore setback. Since the property to the south is currently vacant, the house to the north defines the setback for the new house. The Planning Commission voted 3-2 to recommend approval. All five members stated they have no issue with the average lakeshore setback variance but two had an issue with the hardcover since this would be considered a clean slate. Gaffron indicated Staff has not drafted a resolution tonight but will do so based on Council's direction. Walsh noted what is allowed is 25 percent. Walsh asked if the extra 2.2 percent hardcover equals roughly 600 square feet. Gaffron indicated that is correct and that the applicants are proposing a reduction in hardcover from what currently exists. Printup asked for an explanation of a clean slate. Page 18 of 32 NOTICE OF CITY COUNCIL ACTION CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Greg Reitan & Sally Neubauer 925 Brown Road North Orono, MN 55356 greg .reitan@millcitymechanical.com TYPE OF REQUEST: Variance DATE OF MEETING: April 11, 2016 ZONING FILE: 16-3812 DATE OF NOTICE: April 21, 2016 COPIES: The Orono City Council voted on a motion to approve the variance request per the r esolution previously mailed to you. VOTE: 5 FOR 0 AGAINST Please arrange to sign the original resolution at the City Offices. All persons with an interest in the property must sign the resolution . Variance approval is limited to the extent shown on approved plans 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 April 11, 2017. 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. Additionally, on-demand video re-play of the Council meeting is available on the City's website: www.ci.orono .mn.us . If you have questions please contact Mike Gaffron, Senior Planner, at mgaffron@ci.orono.mn .us or 952 .249.4622. Date Application Received: 2/12/16 Date Application Considered as Complete: 3/4/16 60-Day Review Period Expires: 5/3/16 Department Approval: Name: Michael P. Gaffron Title: Senior Planner REQUEST FOR COUNCIL ACTION Administrator Approval: ?,141./.. Date: April 6, 2016 Item No.: 12 Agenda Section: Planning Dept. Item Description: #16-3812, Greg Reitan & Sally Neubauer, 925 Brown Road North -Variance -Resolution Zoning District: Lot Area/ Width: List of Exhibits RR-1B, One Family Rural Residential District, 2.0 acres/200' min. width 82,461 s.f. (1.89 acre), 190'± wide at OHWL and at 150' lake setback line A -Resolution for Adoption B -Notice of PC Action 3/25/16 C-Draft PC Minutes of 3/21/16 D -Planning Commission Memo and Exhibits dated 3/16/16 Application Summary: The applicants request an average lakeshore setback variance in order to construct an addition and remodel the existing residence structure. Please review the attached Planning Commission memo and exhibits. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its March 21st meeting, and voted 5-0 to recommend approval of the average setback variance as proposed. Staff Recommendation: Staff recommends approval per the Planning Commission recommendation. A Resolution for approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting a Variance to Municipal Zoning Code Section 78-1279(6) for Property Located at 925 Brown Road North - File No. 16-3812. A RESOLUTION GRANTING AV ARIAN CE TO ORONO MUNICIPAL ZONING CODE SECTION 78-1279(6) FOR PROPERTY LOCATED AT 925 BROWN ROAD NORTH -FILE NO. 16-3812 Council Exhibit A WHEREAS, Gregory G. Reitan, single and Sally S. Neubauer, single (hereinafter the "Applicants") are Owners of the property located at 925 Brown Road North within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"); and WHEREAS, on March 4, 2016 the Applicants made a complete application to the City for a variance to Orono Municipal Zoning Code Section 78-1279(6) in order to allow them to remodel and construct additions to their existing residence, such additions being lakeward of the defined average lakeshore setback line where no such encroachment is normally allowed; and WHEREAS, on March 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on March 21, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variance; and WHEREAS, on April 11, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning this property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. Page 1 of6 A2. The Property is located within the RR-lB Single Family Rural Residential District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200' for construction of a single family residence. A3. The Property is 1.89 acres in area, being approximately 190 feet in defined width at the OHWL of Dickey Lake as well as at the 150' lakeshore setback line, and contains an existing single family residence. The property is considered as legally nonconforming with regard to lot area and lot width. A4. The property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed additions increase the hardcover on the property from 12.9% to 17.3%, still well below the maximum hardcover allowance. AS. The Applicants propose to remodel the existing residence and construct a new garage addition. This is a lakeshore lot on Dickey Lake and because the existing residence structure on the adjacent lakeshore lot to the south is very near Brown Road, the Applicants' existing home and proposed additions are lakeward of the defined average lakeshore setback line. The property is nearly 2 acres in area, and both the existing home and proposed additions meet all other setback, hardcover and structural coverage requirements, including the required 150' setback from the OHWL of Dickey Lake. A6. The location of the Applicants' existing residence is conforming to the zoning standards of the RR-lB Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing additions to Applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50' setback would normally be required. That adjacent home is one of the original farmhouses in the Dickey Lake area and has been at this location for many decades. If that residence was setback the minimum 150' from the OHWL of Dickey Lake, Applicants would not need an average setback variance. Additionally, due to 1) the curvature of the lakeshore; 2) the location of the additions; and 3) the substantial amount of vegetative screening along applicants' south lot line, the neighboring property's existing lake views would appear to not be impacted by Applicants' proposed improvements. A7. While the roof design over the existing house may be changing slightly, Applicants are not adding a second story. The proposed attached garage will have some low-headroom storage above but will not constitute a story. Based on granting of the average setback for the additions and remodeling, if the Applicants ultimately determined they need to do a complete teardown, this variance would allow them to rebuild per the approved plans without additional Council action. Page 2 of6 A8. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. VARIAN CE ANALYSIS: B 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . . " Single family residences are a permitted use within the RR-JB zoning district The intent of the average lakeshore setback ordinance is to preserve lake views enjoyed by adjacent property owners. No lake views enjoyed by neighboring property owners will be impacted by granting of the variances. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The existing structure and proposed additions are associated with residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. B3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: 1. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls." 11. The plight of the landowner is due to circumstances unique to his property not created by the landowner." 111. The variance, if granted, will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location aspects of the request are not permitted by the Zoning Code. The plight of the property owner is due to the location of the neighboring residence to the immediate south which is unusually distant from the lakeshore, a condition not caused by the applicants. The proposed additions will not alter the character of the neighborhood but will be consistent with the neighborhood. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as Page 3 of6 defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence is an allowed use in the RR.-JB District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The condition of lakeshore lots being subject to the average setback regulations is common to all lakeshore lots; the location of the neighboring residence structure very distant from the lakeshore is an unusual condition affecting few other lots in the neighborhood. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other lakeshore property in the neighborhood; the existing location of the neighboring residence structure makes it impossible to expand the applicants' residence while meeting the conditions imposed by the City ordinance. BIO. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property rights of the owner will be diminished if the variance is denied, since expansion of the residence meeting all other City code provisions could not occur. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. Bl2. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will resolve and alleviate a demonstrated practical difficulty, CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279(6) in order to allow the Applicants to remodel and construct additions to their existing residence, such additions being lakeward of Page 4 of6 the defined average lakeshore setback line where no such encroachment is normally allowed, subject to the following conditions: 1. Council approval is based on the survey and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the property shall not exceed 25%. Any amendments to the approved survey or site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. 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 project and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date (April 11, 2017). 4. 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. 6. The undersigned Owners have read, understand and hereby agrees to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain oftitle of the Property. Adopted by the Orono City Council on the 11th day of April, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner( s) Page 5 of6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2016, by Gregory G. Reitan, single. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2016, by Sally S. Neubauer, single. Notary Public Page 6 of6 EXHIBIT A Resolution No. LEGAL DESCRIPTION The following property within Hennepin County, Minnesota: Resolution Exhibit A The North 152 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the East line of said Southeast Quarter of the Southwest Quarter distant 354.75 feet North of the Southeast comer of said Southeast Quarter of the Southwest Quarter; thence North along said East line 635.25 feet; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence South parallel with said East line 635.25 feet; thence East to the point of beginning. < 16-023 I I I / "'-"'-/ ( I LINE PARALLEL WITH SOUTH LINE OF SE 1/4, SW 1/4, SEC. 27-118-23 4 ~:/t'.;~c5~~~~1t ~ SW 1/4, SEC. 27-118-23 :t ~ LINE PARALLEL WITH ~ SOUTH LINE OF SE 1/4, SW 1/4, SEC. 27-118-23 I /\ L_\ I \_ __ _ LINE PARALLEL WITH SOUTH LINE OF SE 1/4, SW 1/4, SEC. 27-118-23 --- ---------, \ \ \ \ I / \ \ I ) \ \ \ BOUNDARY AND TOPOGRAPHIC SURVEY FOR GREGORY REITAN \ \ \ \ ' ' " \ ( \ \ IN THE Sw_j_M OF SECTION 27-118-23 HENNEPIN COUNT~ MINNESOTA \ \ "" \ \ \ \ o/ 87°34'56" ~ 9'(l0.00 I \ \ \ \✓ I I I I I \ ✓ ,,..-· ------/ --- EAST LINE OF SE 1/4. SW 1/4, SEC. 27-118-23 Resolution Exhibit B V -------S 87"34'5~' E 990.00 0 ---------------------I LEGAL DESCRIPTION OF PREMISES SURVEYED: ~~~~~~~~~~~~~~~~<! The North 152 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the East line of said Southeast Quarter of the Southwest Quarter distant 354. 75 feet North of the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence North along said East line 635.25 feet; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence South parallel with said East line 635.25 feet; thence East to the point .of beginning. This survey shows the boundaries and topography of the above described property, the location of all existing buildings and other visible "hardcover" thereon, and the proposed location of proposed additions. It does not purport to show any other improvements or encroachments. • : Iron marker found 0 : Iron marker set --: Existing contour line ~: Proposed contour line lm&J : Proposed spot elevation SW 1/4, SEC. 27-118-23. . ~ SOUTH LINE OF SE 1/4. (" ~ ---~~--~ RECEIVED M.AR O ·~-2016 CITY OF ORONO llJ ~ UJ z "' (!) < 0 in O'. w w 0 0 0 0. 0 ... .J b 0 < (/) (/) gf z"'"' o ~ 5 _::a:i: ~g,J~ > z w Q 0::: 0 < ,.. (ll "' ~~ OM CITY OF ORONO 2750 Kelley Parkway PO Box66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: 16-3812 Council Exhibit B Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: March 25, 2016 TO: Greg Reitan & Sally Neubauer 925 Brown Road North Orono, MN 55356 greg.reitan@millcitymechanical .com TYPE OF REQUEST: Variance DATE OF MEETING: March 21, 2016 COPIES: The Orono Planning Commission voted on a motion to approve the average lakeshore setback variance request. VOTE: 5 FOR 0 AGAINST Applicant's next meeting is scheduled as: Monday, April 11, 2016 This is a City Council meeting. The meeting begins at 7:00 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at mqaffron@ci.orono.mn.us or 952.249.4622. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. Council Exhibit C 4. #16-3812 GREG REITAN AND SALLY NEUBAUER, 925 BROWN ROAD NORTH, VARIANCES, 6:57 P.M. -7:07 P.M. Greg Reitan, Applicant, was present. Gaffron stated the applicant is requesting an average lakeshore setback variance in order to construct a new residence on the property. The property is situated on Brown Road and Dickey Lake. Because the existing residence structure on the adjacent lakeshore lot to the south is very near Brown Road, the applicants' existing home and proposed addition are lakeward of the defined average lakeshore setback line. The property is nearly two acres in area, and both the existing home and proposed additions meet all other setback, hardcover, and structural coverage requirements, including the required 150-foot setback from the ordinary high water level of Dickey Lake. Gaffron displayed an aerial photograph of the area. Gaffron noted both the lot to the north and the lot to the south are lakeshore lots. The location of the applicants' existing residence is conforming to the zoning standards of the RR-1 B Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing an addition to the applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50-foot setback would normally be required. If that residence was set back the minimum 150 feet from the OHWL of Dickey Lake, the applicants would not require an average setback variance. Staff believes there will be no negative visual impacts to the neighboring homes. Staff recommends approval of the average setback variance. Lemke stated the property at 2015 appears to come to a point. Lemke asked whether that is considered lake shore. Pa ge 8 of 31 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. <__'v Gaffron indicated it would be considered lakeshore . Gaffron indicated the reason it becomes a lakeshore lot is because the lot continues into the lake and that the survey confirms that. Lemke asked if the lakeshore is determined by a certain elevation. Gaffron stated it is. Back in 1992, the City adopted the Shore land Ordinance at the request of the DNR in order to establish an OHWL. This property is one that did not have that elevation so the City went through a process to define the elevation of the OHWL based on historical records and trees , etc . Gaffron noted that elevation has been established for more than 20 years and that there is no question from a legal perspective that this is a lakeshore lot. Greg Reitan, Applicant, stated the purpose of the variance is to allow them to remodel the existing house. Chair Leskinen opened the public hearing at 7:03 p.m. Tom Lane, 915 North Brown Road, stated it does not appear this addition will impact his sightlines down to the lake and that it should be an enhancement to the neighborhood. Chair Leskinen closed the public hearing at 7:04 p.m. Leskinen stated the request is completely reasonable. Leskinen noted if the Brown farm were ever rebuilt, it would need to be pushed back to meet the 50-foot street setback and that defining the lakeshore setback by a home that is nonconforming seems unreasonable . Thiesse asked if the existing trees will be removed. Reitan indicated one maple tree will likely need to be removed. Thiesse moved, Olson seconded, to recommend approv al of Application No. 16-3812, Greg Reitan and Sally Neubauer, 925 Brown Road North, granting of an average lakeshore setback v ariance. VOTE: Ayes 5, Nays 0. Page 9 of 31 Date Application Received: 2/12/16 Date Application Considered as Complete: 3/4/16 60-Day Review Period Expires: 5/3/16 To: From: Date: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Mike Gaffron, Senior Planner March 16, 2016 Subject: #16-3812 Greg Reitan & Sally Neubauer, 925 Brown Road North Variance Public Hearing Application Summary: The applicants request an average lakeshore setback variance in order to construct an addition and remodel the existing residence structure. Staff Recommendation: Staff recommends approval. Zoning District: RR-lB, One Family Rural Residential, 2.0 acres/200' min. width Lot Area/ Width: 82,461 s.f. (1.89 acre), 190'± wide at OHWL and at 150' lake setback line List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Background Application Survey/Site Plan Plans of Proposed Addition Practical Difficulties Documentation Submittal Submitted Hardcover Calculations Photos Plat Map Property Owners List Adjacent Owners Acknowledgements The applicants propose to remodel the existing residence as well as construct a new garage addition. This is a lakeshore lot on Dickey Lake and because the existing residence structure on the adjacent lakeshore lot to the south is very near Brown Road, the applicants' existing home and proposed addition are lakeward of the defined average lakeshore setback line. The property is nearly 2 acres in area, and both the existing home and proposed additions meet all other setback, hardcover and structural coverage requirements, including the required 150' setback from the OHWL of Dickey Lake. LOT ANALYSIS WORKSHEET (Variances noted in bold type) RR-1B Zoning District Required/ Allowed Proposed Lot Area 2.00 ac. minimum 1.89 ac existing Lot Width 200' minimum 190' existing Street Setback 50' 143' Left Side Setback 30' 40.8' Council Exhibit D Right Side Setback 30' Lake Setback {Natural Environment Lake) 150' FILE #16-3812 March 16, 2016 Page 2 of 5 31.3' 225' Average Lakeshore Setback No Encroachment 57' Encroachment Allowed Structural CoveraRe: Total Lot Area Total Structural Coverage 82,461 s.f.,:t {1.89 acre) Allowed: 15.0% {12,369 s.f.) Existing: 3.8% {3,118 s.f.) Proposed: 7.0% (5,735 s.f.) Hardcover Calculations: Stormwater Total Area Overlay District in Tier Allowed Hardcover Existing Hardcover Tier Tier 1 82,461 s.f. 20,615 s.f. {25 %) 10,674 s.f. {12.9 %) APPLICABLE REGULATIONS 78-420: RR-lB lot Standards & Setback Regulations. 78-1279(6): Average lakeshore Setback Proposed Hardcover 14,266 s.f. {17.3 %) (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles, and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Governing Regulations: Variance (Sec. 78-123). In reviewing 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 practical difficulties 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. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in FILE #16-3812 March 16, 2016 Page 3 of 5 harmony with this chapter. The board 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. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family residences are a permitted use within the RR-1B zoning district. The intent of the average lakeshore setback ordinance is to preserve lake views enjoyed by adjacent property owners. Planning Commission must determine whether the variances if granted would meet this intent. 2. The variance is consistent with the comprehensive plan. The existing structure and proposed additions are associated with residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the specific location aspects of the request are not permitted by the Zoning Code. b. There are circumstances unique to the property not created by the landowner. The plight of the property owner is due to the location of the neighboring residence to the immediate south which is unusually distant from the lakeshore, a condition not caused by the applicants; and c. The variance will not alter the essential character of the locality. In the opinion of staff the proposed additions will not alter the character of the neighborhood. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The condition of lakeshore lots being subject to the average setback regulations is common to all lakeshore lots; the location of the neighboring residence structure very distant from the lakeshore is an unusual condition affecting few other lots in the neighborhood. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other lakeshore property in the neighborhood; the existing location of the neighboring residence structure makes it impossible to expand the applicants' residence while meeting the conditions imposed by the City ordinance. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the variances are denied, since expansion of the residence meeting all other City code provisions could not occur. 7. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. FILE #16-3812 March 16, 2016 Page 4 of 5 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the variances will resolve a demonstrated practical difficulty, The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Analysis -Average Lakeshore Setback Variances The location of the applicants' existing residence is conforming to the zoning standards of the RR- lB Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing additions to applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50' setback would normally be required. That adjacent home is one of the original farmhouses in the Dickey Lake area and has been at this location for many decades (see 1937 airphoto). If that residence was setback the minimum 150' from the OHWL of Dickey Lake, applicants would not need an average setback variance. Additionally, due to 1) the curvature of the lakeshore; 2) the location of the additions; and 3) the substantial amount of vegetative screening along applicants' south lot line, the neighboring property's existing lake views would appear to not be impacted by applicants' proposed improvements. It should be noted that while the roof design over the existing house may be changing slightly, they are not adding a second story. The proposed garage will have some low-headroom storage above but will not constitute a story. Based on granting of the average setback for the additions and remodeling, if the applicants ultimately determined they need to do a complete teardown, this variance would allow them to rebuild per the approved plans without additional Council action. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit D, and should be asked for additional testimony regarding the application. Neighbor Comments As of this writing the City has received no comments from neighboring property owners. Both adjacent neighbors have signed the Neighbor Acknowledgement form. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. If the Planning Commission concludes that the variance as requested is justified, does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the granting of the variance? 4. Are there any other issues or concerns with this application? Staff Recommendation FILE #16-3812 March 16, 2016 Page 5 of 5 Staff recommends approval of the average setback variance with no specific conditions. If Planning Commission determines that the practical difficulties test is met and the variance is justified, then a recommendation for approval would be in order. 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 # Date Received: Staff: Fee : Escrow# & $ Permit Fee Notes : PC ExhibitA Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: gacs 1:?(oL,0/\ Kc\. 0 Applicant Name : Phone (Primary): Applicant Email: Address : Applicant is: PROPERTY OWNER INFORMATION: jkl)check here if property owner is same as applicant Name: Phone (Primary): Mailing Address : Cit Email: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, ZIP: 5~5 l_p ZIP: • 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 Council Members for purposes of investigation and verification of this request. Variance Application -January 2016 Page 2 # 3812 RECEIVED flm 1~2 2®11 16-023 LINE PARALLEL WITH SOUTH LINE OF SE 1/4, SW 1/4, SEC. 27-118-23 4 ~::ti~tt:~:~: ~ SW 1/4, SEC. 27-118-23 ~ ~ LINE PARALLEL WITH ~ SOUTH LINE OF SE 1/4, SW 1/4, SEC. 27-118-23 \ \ \ dOUNDARY AND TOPQ(;RAPHIC SURVEY FOR GREGORY REITAN IN THE SW__j_M OF SECTION 27-118-23 HENNEPIN COUNT~ MINNESOTA PC Exhibit B '\ ", \, '" "" ""\ \"" \ \", -----, "~ \< \ \;:' \'<' ~ ~ \ <-____ /,,_-I / ,, ,, 11 -----~ "'-I LEGAL DESCRIPTION OF PREMISES SURVEYED : The North 152 feet of that part of the Southeast Quarter of the Southwest Quarter of Section 27 , Township 118 North, Range 23 West of the 5th Principal Meridi an , described as follows : Beginning at a point on the East line of said Southeast Quarter of the Southwest Quarter distant 354 . 75 feet North of the Southeast corner of said Southeast Quarter of the Southwest Quarter; thence North along said East line 635.25 feet ; thence West parallel with the South line of said Southeast Quarter of the Southwest Quarter a distance of 990 feet ; thence South parallel with said East line 635.25 feet; thence East to the point ::if beginning. This survey shows the boundaries and topography of the above described property, the location of all existing buildings and other visible "hardcover" thereon , and the proposed location of proposed additions. It does not purport to show any other improvements or encroachments . • : Iron marker found 0 : Iron marker set -...-: Existing contour line ~: Proposed contour line ~ : Proposed spot elevation RECEIVED MAR O ·1 2016 CITY OF ORONO ~ ! ~ ii5 rr w W I 0 0.. 0 .... ...J i:, 0 <( (/) (l,l ~ Z il'~ Q <o u5 ~ ~ > ~ W o a: ci <( w ~ .... ' <( "/ Q M 0 79 ~ ~ "' / ~ :. .... "' "' "' "' ~ \ ~ ~ " \ \ \ \ \ I I ( \ GRl:(.:JUK T l'CI I Ml~ IN THE SW 1/4 OF SECTION 27-118-23 HENNEPIN COuNTI,Nl1NNESOT A "---- \ "---- \ \ \ '\ \ \ % \ \ \ \ \ \ \ \ ' \ \ \ \ I I ~ 87°34'56"' V\'. ~o 00 I \ ' I \ ' I \ \ \ \ I I \ \ \ \ ... \ ....... .. ,,•··· \ \ \ \ \ \__ I I i I/ 33 ················· ~/ ··· ......... ! ····• .. ··-.. . I 235.00 ~-J -~1~ (B) ( Q?-N~~· ------+----____;~-~ 33-:01 I -----------f--1044--/ I / _____ ¢'2;---"'" + / __ __.----; ----- / / / w ~ N ~ T"" 0 T"" 0 z ···········································1··················· I 33 EXHOU~ \ ('I') 0 N LO T"" I I I I I j 33 • z C c( 0 £t: z i 0 £t: m LO N tri ('I') co 33 w ~ N ~ T"" 0 T"" 0 z I I I I I I I I I I I I I I I I I I I I I VICINITY MAP REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 SHEET INDEX A000 A100 A101 A102 A200 A201 A201 A202 A203 A300 A301 A302 A303 A304 A400 A401 A500 A501 A502 AB00 A802 A803 A900 A902 A903 RECEIVED FEB 1 2 2016 CITY OF ORONO TITLE SHEET OVERALL REFERENCE SITE PLAN -EXISTING OVERALL REFERENCE SITE PLAN ENLARGED SITE PLAN BASEMENT LEVEL FLOOR PLAN -WEST BASEMENT LEVEL FLOOR PLAN -EAST FIRST LEVEL FLOOR PLAN -WEST FIRST LEVEL FLOOR PLAN -EAST SECOND LEVEL FLOOR PLAN -EAST WEST ELEVATION (LAKESIDE) SOUTH ELEVATION EAST ELEVATION (STREETSIDE) NORTH ELEVATION GARAGE ELEVATIONS ROOF PLAN -WEST ROOF PLAN -EAST BUILDING SECTION BUILDING SECTIONS GARAGE SECTION & DETAILS BASEMENT REFLECTED CLG. PLAN FIRST LEVEL REFLECTED CLG. PLAN -WEST FIRST LE;:VEL REFLECTED CLG. PLAN -EAST '3., BASEMENT LEVEL FINISH PLAN -WEST FIHST LEVEL FINISH PLAN -WEST FIRST LEVEL FINISH PLAN -EAST DESIGN DEVELOPMENT 01/21/2016 AC "1J () m >< ::r er ;::;: () #3812 r-----, 990.00' -N 87d34'56" W ---.... ,-• o/ 8 • I ',, EXISTING STORAGE ::,- s: I I (/) ~ §1 I SHORELINE (APPROXIMATE) \ GARAGE 985.5 CONTOUR LINE _),\ (APPROXIMATE) ', \ \ ~ -DICKEY~ \\ l 'I I ! N I _, I le -...:::=--::::: ------------j__ ---- -990.00' -S 87d34'56" E ~ LEGAL DESCRIPTION OF PREMISES THE NORTH 152 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 118 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MEDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT 354.75 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH ALONG SAID EAST LINE 635.25 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 990 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 635.25 FEET; THENCE EAST TO THE POINT OF BEGINNING. OVERALL REFERENCE SITE PLAN -EXISTING A100/ SCALE: 1/64" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 SHORELINE (APPROXIMATE) RECEIVED FEB 1 2 7n1 ; CITY OF ORONO EXISTING DRIVE - \__ EXISTING WELL DESIGN DEVELOPMENT 01/21/2016 I Cl I w I i I! ~ ~ z I- TRUE NORTH $ A100 #3812 COORDINATION ITEMS: EXACT WELL LOCATION DRIVEWAY LAYOUT & MATERIALS EXTERIOR PARKING EXPANSION LANDSCAPING, TREES, LAWN & GARDEN SITE & BUILDING LIGHTING SCOPE OF WORK @ EXISTING STORAGE GARAGE FENCING RETAINING WALLS EXISTING PATH TO STORAGE GARAGE EXISTING GARDEN LOCATION r s: I ------ SHORELINE (APPROXIMATE) 990 00' -N 87d34'56" W -----~,,-. . t . •., '" ,. \. _, a;> \ 0 \ 985.5 CONTOUR LINE _)\ I "' (APPROXIMATE) \ \ ~I \ \ \ \ I I I I ~ DICKEYS LAKE I I I I ------_..__ __ 1 990.00' • S 87d34'56" E LEGAL DESCRIPTION OF PREMISES THE NORTH 152 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 118 NORTH, RANGE 23 WEST OF THE 5TH PRINCIPAL MEDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER DISTANT 354.75 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH ALONG SAID EAST LINE 635.25 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 990 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 635.25 FEET; THENCE EAST TO THE POINT OF BEGINNING. OVERALL REFERENCE SITE PLAN A101 / SCALE: 1/64" = 1'--0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 SHORELINE (APPROXIMATE) RECEIVED FEB 1 2 2nm CITY OF ORONO NEW GRAVEL DRIVEWAY NEW LANDSCAPE ISLAND I I 1'11 ~ ~ ~ ,~ TRUE NORTH $ DESIGN DEVELOPMENT 01/21/2016 A101 # 3812 UNEOFDECK +-+-----+--l ABOVE EXIST!~:~~:: +------t-+!! DOWNSPOUT EXISTINGH!GH WJNDOWTO REMAIN GLASS8LOCK7 ~ w 15 ; SHAOEDWALLSJNDICATE EXISTING CONSTRUCTION TO REMAIN 13'-3112" 12'-3112' 44'-0" OVERALL ~ 3'-6" FIXED SIOEL!TE 30'-8112' (TO MATCH EXISTING) I I I LIVIN~ROOM I ~ I llNEOFSOFFIT ABOVE l.,v---~ 7v I EXISTING BEARING ~ llLOCATIONTO a.. KITCHENETTE : \ ~:MAIN,FIElDVE~ / I \ MECHANICAL STORAGE & FITNESS ~ ~ WINE CELLAR & STORAGE 2211nN EXTENT OF PERIMETER HOR!ZONTAL!NSULATr (Z'XPS) I BASEMENT LEVEL FLOOR PLAN-WEST-1,608 SQ. FT. (DOES NOT INCLUDE UNEXCAVATED A200/ SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED R ~· CITY OF ORONO CONC. SlABON GRADE ! DESIGN DEVELOPMENT 01/21/2016 APPROXIMATE GRADE PLAN TRUE NORTH NORTH $© A200 #3812 FIRST LEVEL FLOOR PLAN -EAST-1,653 SQ. FT. (DOES NOT INCLUDE RESIDENCE A201 / SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 2 2016 CITY OF ORONO FROSTPROTECTEO I SHALLOWFOOTl~ EXTENTOFPERIMETER HORIZOITTAl.lNSULAiM {2'XPS) I DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A201 #3812 5' " ~ z « j ~ w "' 0 I- "' z ;= ~ 5' ~ I I l1 ~ SCALE: 1/8" = 1'-0" 68'-0" OVERALL 13'-31/2" 30'-81/2' (TO MATCH EXISTING) 12'-31/2' 4'-8' 4'-8" i'-6 1/, ~ --, dJJJ Ii ~ ~ P-1:1 Iii ' 4Htl+HtHHtH+H-+l+Htl-tHtH+l+H DOWNSPOUT KITCHEN w II REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 I I ! I I I LIVING ROOM I I ~. BED~OOM#1 I I I If----/ z,"J I U.alll ii RECEIVED FEB 1 2 2016 CITY OF ORONO 1 ~Ii ~ h ~iii ' ' Ii 11 !, ORIG!KAL WAU TO REMAIN SHOWNFORREFERENCE ~ DRESSING ISi.AND DESIGN DEVELOPMENT 01/21/2016 ,;, ~ I ~ ~ PLAN TRUE NORTH NORTH $© A202 #3812 ----< 6'lo 112, DOWNSPOUT FIRST LEVEL FLOOR PLAN -EAST -1,653 SQ. FT. (DOES NOT INCLUDE RESIDENCE A203/ SCALE: 118" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 I II I _.J RECEIVED FEB 1 2 rn CITY OF ORONO II DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A203 # 3812 ,'If, ___ ,,,,,,,,~ ::::-::J/-L_Tf1+1-Li ----.J' --.L_..i.J I ,' ,DN ::::j,,\_ -.:-_L._, ... j -----,11 --:~.JI FUnJRESTAIR ----7'/ ----..,, _ __, ~ 12'.2• (OVf:Rp.8• HE:tGHrJ DD DD SECOND LEVEL FLOOR PLAN -EAST -1,452 NET SQ. FT. OVERALL (711 SQ. FT. USABLE A204/ SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 DD DD RECEIVED FEB 1 2 2016 crrv ORONO DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A204 # 3812 6:12ROOFBEYOND ~ ~ FIRST LEVEL ~ ~ BASEMENT 1 \ WEST ELEVATION (LAKESIDE A300 J SCALE: 1/8" = 1 '-0" REIT AN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED 16 CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY GARAGE BEYOND DESIGN DEVELOPMENT 01/21/2016 A300 #3812 JOIST BRG. ~ FIRST LEVEL ~ BASEMENT 1 SOUTH ELEVATION A301 SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 2 2018 CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 A301 #3812 ~ i I I I I I I I I I ---------------___ ___.___,___ ______ _ EAST ELEVATION (STREETSIDE A302/ SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED t 2 2016 CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY ~ JOISTBRG. FIRST LEVEL DESIGN DEVELOPMENT 01/21/2016 ~ BASEMENT A302 # 3812 1 NORTH ELEVATION A303 SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED 12 nm:; CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 JOISTBRG. FIRST LEVEL BASEMENT A303 # 3812 GARAGE 2 \ GARAGE NORTH ELEVATION A304 / SCALE: 1/8" = 1'-0" GARAGE EAST ELEVATION (STREETSIDE A304 / SCALE: 1/8" = 1 '-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 i RECEIVED rn CITY OF ORONO GARAGE ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 A304 # 3812 GUTTER& DOWl-iSPOlfT 12"0VERHANG@ GABLE ENDS, TYPICAL ~ 1 ROOF PLAN -WEST A400 SCALE: 1/8" = 1'-0" r--------------- 1 t2 :~, I I I I I I I I I ROOFPEAK ,p'4. \~ J; t REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 ~ ~ -~ I,,~'<'/ ~.;,;. "'0 r I I -----------L----------------1 I 12 I ~,, I I I i CHIMNEY&FLUES i _j ROOF PEAK -:~t; ~'). I I I I I I I I I I I I I I I -------"-:---J GUTTER& DOWNSPOlfT 12' OVERHANG@ GABlEENDS,1YPICAL ! CONTINUOUS RIOGEVENT 12 I --~,: I ____ _J GUTTER& DOWNSPOlfT DD DD ENTRANCE CANOPY RECEIVED FEB l 2 2016 DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A400 CITY OF ORONO # 3812 24'0VERl-io\NG@~ EAVES.TYPICAL GUTTER& DOWNSPOUT----....__ 12 •v 12 •v ~ ROOF PLAN -EAST O'I/ SCALE: 1/8" = 1'-0" ~ 12" OVERHANG@ GABLEENDS,TYPJCAL GtJTTER& DOWNSPOUT REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 □□ □□ □ □ □ □ ENTRANCECAMOPY RECEIVED FEB 1 2 2016 CllY OF ORONO ~g=:~T DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A401 #3812 w _ _ __ $ FIRST LEVEL ' ',, / / ~ KITCHENETTE / / / / \ 'I 'I' l'l 'l'I' I' I I\\ I I\\ I I \\II \ \ \\II\\ f I ~BASEMENT ---------1 F==1 k II ' I 11 J I j It I j t t 11 -----/ ' ' 'l'l'l 'l'I' I 'I' \\II \\II NORTH-SOUTH BUILDING SECTION A500/ SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED 1 2 ·z'"·O'i:' I ,.,. = ·td CITY OF ORONO DESIGN DEVELOPMENT 01/21/2016 ASOO # 3812 ~ 1 GARAGE SECTION A502 SCALE: 1/8" = 1'-0" ~ SECOND LEVEL-' 108'-8" GARAGE' 98'-8" -- REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 CONCRETE SLAB ON GRADE fi AGGREGATE BASE 2 \ FROST PROTECTED SHALLOW FOOTING DETAIL A502/ SCALE: 1" = 1'-0" RECEIVED FEB 12 ?Offi CITY OF ORONO DESIGN DEVELOPMENT 01/21/2016 A502 # 3812 AS00 I I I I II I ~: I I I I I I I II - I I 0 "'~til,_ -:~~1~;1::<l" 1~ it I 11 I ,I I I I 1~1t I B ii I > lfl!~~ I I < I ~: I I f' 11 * it lij I t I il .~ -----rn----I I I---------- "' T;.W-'"""'~,•,~.~~.,--,-T '0' ii, I J' 11; I '•~ I I I ii r ?1 ~ I 11 I ~ I ;; I [x I I ---I I T...,.,., ... ~ •t!"'/~»•ili!:~~li"\i.r,..,, d""": <>iiih;, 1-~ ,•;.::•,,, / / / I ', I If I .l f f I I r 7 I I I I! ,---/// rr::=======:i~c=======t::======;~c=====i~~~J i / -i__ / / / / / / : : T : : L ______ J ; r;-1---==-----,-..Jr-.1.i : / ,, ; : : I : : L ! ! ------=-=--=-=1 / / l ! ! : I I : : ,,..__, I ------._, I I f I r:..__,.:,-------1-------r:"'-_.,7 ! / ! --------~------/ t.J., lac~------------7 a c: I f I -------I I I L'!.P..r--------------,__~p.J I I I ----.___ I I I / ,' ! ------=: } ! I I I I I I I/ I I I f BASEMENT LEVEL REFLECTED CEILING PLAN -WEST SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 2 2016 ; CITY OF ORONO '"" 0 I --- DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A800 # 3812 FIRST LEVEL REFLECTED CEILING PLAN -WEST A802/ SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 I';= ·,Tr··• ···i RECEIVE DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A802 FEB f2 2016 CITY OF ORONO # 3812 1 \ FIRST LEVEL REFLECTED CEILING PLAN -EAST A803 / SCALE: 1/8" = 1 '-0" REIT AN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 12 '16 CITY OF ORONO DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A803 # 3812 68'--0" 13'-6" 30'-6" 5'-6" ~ "" ~ t:1 "'"'"' U: -6s0-~ ,17 ITTTT 0 ~ ~ ~I ¥ BEDROOM 6'--0" 8'--0" 8'--0" DECK 3-SEASON PORCH 9'-6" FAMILY ROOM LIVING ROOM 24'--0" 12'-0" GARAGE ,- r-----------, r-----------, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 6'--0" 8'--0" 1-===~=====:ci=:::+=~====,=::::!J!L l "~ -===1/ ---------~ EXISTING WALL ~ FIRST LEVEL DEMOLITION FLOOR PLAN D201 / SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© D201 OF ORONO #3812 PC Exhibit D PRACTICAL DIFFICULTIES 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 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties 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 practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, 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 the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. "The variance, if granted, will not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are 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 allowed under this Chapter for property in the zone where the affected person's land is located." Variance Application -January 2016 Page 4 # 3812 RECEIVED FEB 1 2 2016 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." 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 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." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Variance Application -January 2016 Page 5 # 3812 RECEIVED FEB 1 2 2016 CITY OF ORONO Practical Difficulties Answers: l. The zoning rules for our property and location do not allow us to add on to the current foundation footprint to bring the building up to current architectural standards. We desire to add on to the existing structure as outlined in the attached building plans. 2. Based on our location to Dickey's Lake, the adjacent owners' building footprints, and the Orono city rules, we are not allowed to expand our residence as we desire in the attached building plans. 3. The variance, if granted, will not alter the essential character of the neighborhood. In fact, by bringing the home up to current architectural standards, it will improve the neighborhood. Most of the houses surrounding Dickey's Lake are setback to a similar distance. We are not asking to build any closer to the water line, we only want to improve the existing structure to current standards and bring the residence up to date as is with most of the other houses in the neighborhood. 4. We are not asking for economic considerations, we are asking to be granted a variance and building permit to invest modestly in the property and maintain our property value. 5. We have considered, but are not asking for any variance to allow improved solar energy systems at this time. 6. We are not asking for any abstract use, we are only asking to improve our residence as listed above and in the attached plans. 7. We are not asking for any multi-family dwellings. 8. The property immediately to our south is one of the original remaining farmhouses in the area. The house is located within 50' of Brown Road, and has a barn in the center of the property from front to back that is in a similar location from the lake as our home. Due to this house's location, as well as the house location of the property immediately to our north, Orono's zoning rules require us to request a variance to make any improvements in size to our structure. 9. If our neighbor to our south, with the unique property placement, were to build at the same distance from the lake that we are requesting, a variance would not be required. Our neighbor's unique circumstance, having a house location so close to Brown Road, forces us into a variance situation. 10. The variance enables us as the applicant to exercise our rights as landowners to improve our property and protect its value. 11. Our proposed improvements will not impact our neighbors' sightlines, health, safety, comfort or morals in any way. 12. The improvements will not only serve as a convenience, but these improvements are necessary to bring the home up to modern architectural and safety standards. # 3812 RECEIVED FEB 1 2 2016 CITY OF ORONO City of Orono RECEIVED FEB f2 2016 Hardcover Calculation Worksheet PC Exhibit E Stormwater Quality Overlay District Tier: (Circle one) iie,:1 'Tier 2 'Tier 3 'Tier 4 'Tier 5 Step 1 :Lf;XISTING HARDCOVEff: In the following tableidentifiall items of existing hardcover on the property, keyed by letter to Certificate of Survey (su1vey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the prope1ty. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Keyto Hardcover Item {Describe} Length x Width I Total Survey (Square Ft:!et} /Example) (Gar-aoel •.(24'x30!l <720 S.F.l A 1~.• .:. ·.: .. •· ... ,Jc;:?;?~; S.F. B [..;_ ~.<-.:~;./ -~ . " -~ Z'' S.F. C f:.,,.-£\t:.,:·._ """"'= '"~ ,..,· /! ~ .. : ·'· I 7 "t' S.F. D t/j .: •:·,. i!, .• 7:5, S.F. E Z': ,; .. < 2 s· S.F. --. ..... -.. F /} .i -r :C:/ .,~ S.F. ;. ·' G ::' .;,. .:' .•• :"·,:• < -~; S.F. H /' , ;,' , ., ""';;?/ S.F. I :'Y~ ... : ,,? -;• S.F. J /,,,: :f." , ·. :;,;,• 4// S.F. K -:-,:;; •. ,: i .'< ~-S.F. j::· ,;: L jf :· .ii! i..'J V S.F. M iil,•> ,, ,,,} ,., ,,· •. .lC2 l S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V i S.F. w S.F. X S.F. y S.F. z S.F. ('I) Total Existina Hardcover /t7 C7'11 S.F. Exel lJdable H~rdcovet .(See Citv c:o;d~;($e:¢:J$.;1/,ij;tJ~l:. ----I S.F. S.F. --C' r: ~--. i ::3.F. --· S.F. i ---·---u (2) Total Excludable Hardcover o S.F. _(3) Net Existinq Hardcover rsubtract line (2) from line (1)] _L.O, 6;] :t 2.f..JI J.4) Total Lot Area A IJ,~t./£ I:;Jj./U>:: + t-x c~ ~ 8 A, (J&,(,.J,',j J, ('} e, ll ot"4,,,: o" t ~ ~~q a L 'I' f;,."~-• • ! -" --I Existing Hardcover Percentage [ (3} + (4)] ~ %11 -___ :.:J REf~~ardcover next page) January 8, 2013 FEB 1? 1 CllY OF ORONO # 3812 City of Orono Hardcover Calculation Worksheet Date: ,-~ Stormwater Quality Overlay District Tier: (Circle one) Tier .1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: :PROPOSED HARDCOVBl"; ~"""-%""-~~°"""'/ -•• ~-----s~---.,,.,-., . .-•/ In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage t I i h . separa e y or eac portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) <Examole) (Garage) (24' X 30') (720 S.F.) A /-/.,~-'/ . ::::· ~, ...,._,_~ -/ .? .-.'.'·' 'o. S.F. ... .. · .- B . c'\ •":-c--: :: '.~.r ·-,,..,.,, ,·, ::"::· .: . c; .S' 2, .;,: S.F. C ,:.,: .. •;,· . ~ .. S.F . '" .. ', .. ' . :/ "-/ • ~· f• ." ," . ·--·- D sf//•·· ,.: · ••·· ·•·· ·•·· ·0--· .. •·. --) ... •. c·-., .:,. ••A' .. •= ·~ S.F. ... E ... ·:.di.•,-•,, . .:.: .. /i :. . ,.. ~;:--~ ... -.1l ;: (:£, ./ I'•'.\;: ;~;,?-·-S.F . .. F i:) .• .·: . .. ... ·< S.F . G ,/ .· .. " ;:; S.F. H . ,!#. ,c3k:f• d, ••••'--'.· .-.. :~,--. S.F . .. I • r:;,·., .•.•.• ,.:• .. .... ~-, jx • .;( ..• hc •; c•: . J: ,.:1,. S.F . J -·:t:"'••·tf't·'~":· {F "'' >r : ·• ::{'. &:i' :· .rt;::: :.~ .• -:.,, 4ic..: •. S.F. K . Yti?c;;;." :.f ,cJ, ,,:. / .J':'" x· .. ,.. ;, -:·• ''? i S.F . L A ,., Js'4 .) ( F.~~' tqe • •• , :;; S.F. M p /,;; ,· J ; • .., { ... /:' ,, ; .. · •f ; .• "·. /6;) .J S.F. N r.;tb/Jl:!.ffi'.:1 ,c ,1 ;::; .. r,-T A' .J',iv r·i "~''A./ 2.24'? S.F. 0 ,I; .Jt; .01 J:iff!.L::. .IJt:'("'bl ·~$( S.F . p .i.ll. C :J.Xi',;,rt:,, II€ n< /7 (' -IO !:)y"(,t. tT)J(" t':c ,{,.;t,."'.' /J 1,.,11 .t,,,:;.r A ;::: I€.< S.F. Q ,, .I ,,;,,,,J fl f ~ .# J'TO,,;,P 'a e; S.F. R ;,,, ~J;lf.fr:!t'J ,l!./fi ,_..,.,) il il t 'i,/ ('.;:/~1,j/ 7' .17~t:" S.F. s /.A .f'u!/i 'h::A di 1:, .1) >7.c i? .ct I ~ 7"'<' S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total Proposed Hardcover ,I ~, 2 (" b S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1 )1 Io/'.,. lt::6 S.F. (4) Total Lot Area All ~-lif t::.Af lk~} ~ t(' }tf Ct . Ii t;,C,t,,L.i .dl tJ ~ A JI t',U ,i' 2,, f.f~ i S.F. Proposed Hardcover Percentage [ (3) + (4)] RECEIV % ' January 8, 2013 FEB 1 ? ·, # 3 8 12 CITY OF ORONO PC Exhibit F ~ Bing Maps -Internet Explorer 1 ( : ~ ~ http://gis.bo lton-menk.com /Sil ver li ghtvie1 ver/Wr•lI/Bingr,1aps.htm l oty of Orono -GIS ---~~~~~---------------=--~-:__-------~~~~ __ Jr51 IRJ Li wu@ Bing Maps Ble .Edit Yiew Fgvorites Iools ttelp ~ Suggested Sites ... Web Slice Ga lery ,.. TQOls • » 11'!',. 125% ,.. A 0 105 Feet © Bolton & Menk, Inc -Web GIS 3/16/2016 11:47 AM Legend ,., , .. □ Railroad City Limits Parcels (2 -1-2016) Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown , and is to be used for reference purposes only. The City of Orono is not rP~non~ihlP for anv inar:c-Jm:u-:iP~ hPrPin r.ontainPd . } /937 I I +,;. 175°/o ,,,. H Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Department PC Exhibit G Date: 2/11/201!::i 6th Aver e f\lorth 34-118-23-21 Buffer Size: 150 feet Map Comments: 925 Brown Road North Orono MN 55356 RECEIVED FEB 1 2 201n CITY OF ORONO 27,-118-23-13 27-118,-23-42 27-118-23-43 34-118-23-12 0 120 240 480 ft I I I I I I I For more information contact: Hennepin County GIS Division 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us # 3812 AH3AV·O9·008·1, WO)"AJaAe"MMM 38 27-118-23310013 ERVIN & MICHELLE W ACHMAN JR 2135 SALEM CT LONG LAKE MN 55356 38 27-118-23 31 0014 BRUCE W & MELANIE H DEWITT 2145 SIXTH AVE N LONG LAKE MN 55356 38 27-118-23 32 0017 ERICSZONER 1050 COX FARM RD LONG LAKE MN 55356 38 27-1 I 8-23 32 0018 DA YID H & CAROL A NARUM 1000 COX FARM RD LONG LAKE MN 55356 38 27-118-23 33 0012 DANIEL VACEK & SARA VACEK 980 COX FARM RD LONG LAKE MN 55356 38 27-118-23 33 0021 THOMAS D CARLSON 850 WILLOW DR N LONG LAKE MN 55356 38 27-118-23 340001 GREGORY G REITAN SALLY S NEUBAUER 925 BROWN RD N LONG LAKE MN 55356 38 27-1 I 8-23 34 0002 THOMAS W LANE 915 BROWN RD NO LONG LAKE MN 55356 38 27-118-23 34 0007 PAUL BIEGANSKI 2095 SALEM CT LONG LAKE MN 55356 38 27-1 I 8-23 34 0008 JEFFREY E SODERSTROM & MARY R SODERSTROM 2055 SALEM CT LONG LAKE MN 55356 l @091.5 @AllaAY ~ I j 1,111dn-dod pJoqaJ a1 Jal 91\9J I ap uue aJmpeq e1 r: zandaH f +\.11'0'1.U'OMol-c;;:'1J ap suas 38 27-118-23 34 0009 DONALD & MYRINA KLEINSCHMIDT 2015 SALEM CT LONG LAKE MN 55356 38 27-1 I 8-23 43 0023 MICHAEL J GEELAN 900 BROWN RD N LONG LAKE MN 55356 38 27-118-23 43 0025 GARRY M & SHANNON J BANKS 960 BROWN RD N LONG LAKE MN 55356 # 3812 f vua6p3 dn-dod asodxa l oi aun 6uo1e puae ! T f I I ! @09L5 @·n.I:uw rneaeo aI zasm:i.r, 1nb1:i.; PC Exhibit H RECEIVE.J FEB f2 20m CITY OF ORONO .;.. @091.S a:i.e1dwa1 @!iJaAv asr sIaqe1 @laad Ase: ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) 'TulY\ ~ .)ush( Ltt1 vie [print name(s)] of 9 t S N . f3v o l/-..l~,_, ~c/ [print address] RE PC Exhibit I FEB I L Lll IU . CITY OF ORONO have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 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 1 O days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) /JorJ e fY'J,y)-t,vo, klD,ns-ch,w.t,J/-of a-<:,I..S-StK.,/.am._ ~ ~ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ;-31-/b ~wner ~al roperty wner Date #3812 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. Variance Application -January 2016 Page 12 n.cCEIVED FEB 1 2 7016 CITY OF ORONO MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21 , 2016 6:30 o'clock p.m. skinen noted they have the ability to construct a home on the lot without a variance and that the van e being requested is for widening the driveway and the additional hardcover. Leskinen stat City ca t tell them they cannot build on the lot. he lives on the lot next door and that he can verify that the lots are wa family home . Mitte aedt stated he noticed he set the house at an angle so he could s eeze it on there. Mittelstaedt stated in hl Yiew it should be a parking lot for the park. Chair Leskinen closed the pu · hearing at 6 :54 p .m. Thiesse stated if you take the area o e garage and the area for the . 'veway, that is more than the square footage that they are asking for in addi nal hardcover. Thiesse , ted the garage is 440 square feet and the driveway is another 500 square feet. · esse stated the ·, should not prevent them from having a garage and a driveway and that the request is Schoenzeit noted the small lot size allows m 1,500 squ e feet of structural coverage and they are proposing 1,232 , which is another atte to keep the size o e house reasonable . Leskinen stated she is more incl" d to grant the variance for the wt er driveway to provide additional off-street parking given the owness of the street. Leskinen stated does not believe it would be reasonable to deny it giv , the practical difficulties . are other homes in the neighborhood that are very similar a moved, Thiesse seconded, to recommend approval of Application No. 1 -11 , Lan urce, LLC, 3438 Lyric A venue, granting of lot area and lot width variances , su ect to Staff mmendations. VOTE: Ayes 5, Nays 0. 4. #16-3812 GREG REITAN AND SALLY...N EUBAUER, 925 BROWN ROAD NORTH, VARIANCES , 6:57 P.M. -7:07 P. Greg Reitan, Applicant, was present. Gaffron stated the applicant is requesting an average lakeshore setback variance in order to construct a new residence on the property. The property is situated on Brown Road and Dickey Lake. Because the existing residence structure on the adjacent lakeshore lot to the south is very near Brown Road, the applicants' existing home and proposed addition are lakeward of the defined average lakeshore setback line. The property is nearly two acres _ in area, and both the existing home and proposed additions meet all other setback, hardcover, and structural coverage requirements , including the required 150-foot setback from the ordinary high water level of Dickey Lake . Gaffron displayed an aerial photograph of the area. Gaffron noted both the lot to the north and the lot to the south are lakeshore lots . Page 5 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 21, 2016 6:30 o'clock p.m. The location of the applicants' existing residence is conforming to the zoning standards of the RR-lB Rural Residential District. However, the Shoreland Overlay District regulations regarding average lakeshore setback are impossible to meet for constructing an addition to the applicants' home. The adjacent residence structure on the lakeshore lot to the immediate south is located less than 15 feet from the Brown Road right-of-way where a 50-foot setback would normally be required. If that residence was set back the minimum 150 feet from the OHWL of Dickey Lake, the applicants would not require an average setback variance. Staff believes there will be no negative visual impacts to the neighboring homes. Staff recommends approval of the average setback variance. Lemke stated the property at 2015 appears to come to a point. Lemke asked whether that is considered lakeshore. Gaffron indicated it would be considered lakeshore. Gaffron indicated the reason it becomes a lakeshore lot is because the lot continues into the lake and that the survey confirms that. Lemke asked if the lakeshore is determined by a certain elevation. Gaffron stated it is. Back in 1992, the City adopted the Shoreland Ordinance at the request of the DNR in order to establish an OHWL. This property is one that did not have that elevation so the City went through a process to define the elevation of the OHWL based on historical records and trees, etc. Gaffron noted that elevation has been established for more than 20 years and that there is no question from a legal perspective that this is a lakeshore lot. Greg Reitan, Applicant, stated the purpose of the variance is to allow them to remodel the existing house. Chair Leskinen opened the public hearing at 7:03 p.m. Tom Lane, 915 North Brown Road, stated it does not appear this addition will impact his sightlines down to the lake and that it should be an enhancement to the neighborhood. Chair Leskinen closed the public hearing at 7:04 p.m. Leskinen stated the request is completely reasonable. Leskinen noted if the Brown farm were ever rebuilt, it would need to be pushed back to meet the 50-foot street setback and that defining the lakeshore setback by a home that is nonconforming seems unreasonable. Thiesse asked if the existing trees will be removed. Reitan indicated one maple tree will likely need to be removed. Thiesse moved, Olson seconded, to recommend approval of Application No. 16-3812, Greg Reitan and Sally Neubauer, 925 Brown Road North, granting of an average lakeshore setback variance. VOTE: Ayes 5, Nays 0. Page 6 of 21 Date Application Received: 2/12/16 Date Application Considered as Complete: 3/4/16 60-Day Review Period Expires: 5/3/16 To: From: Date: Subject: Item4 Application Summary: The applicants request an average lakeshore setback variance in order to construct an addition and remodel the existing residence structure. Staff Recommendation: Staff recommends approval. Zoning District: RR-1B, One Family Rural Residential, 2.0 acres/200' min. width Lot Area/ Width: 82,461 s.f. (1.89 acre), 190'± wide at OHWL and at 150' lake setback line List of Exhibits Exhibit A. Exhibit 8. ExhibitC. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Background Application Survey/Site Plan Plans of Proposed Addition Practical Difficulties Documentation Submittal Submitted Hardcover Calculations Photos Plat Map Property Owners List Adjacent Owners Acknowledgements The applicants propose to remodel the existing residence as well as construct a new garage addition. This is a lakeshore lot on Dickey Lake and because the existing residence structure on the adjacent lakeshore lot to the south Is very near Brown Road, the applicants' existing home and proposed addition are lakeward of the defined average lakeshore setback line. The property is nearly 2 acres in area, and both the existing home and proposed additions meet all other setback, hardcover and structural coverage requirements, including the required 150' setback from the OHWL of Dickey Lake. LOT ANALYSIS WORKSHEET (Variances noted in bold type) RR-18 Zoning District Required/ Allowed Proposed Lot Area 2.00 ac. minimum 1.89 ac existing Lot Width 200' minimum 190' existing Street Setback SO' 143' Left Side Setback 30' 40.8' ' I I i CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #16-3812 as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of March, 2016. ~,;~O~ Moica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on March 21, 2016, beginning at 6:30 p.m . on the matter of reviewing the following land use applications: 16-3808 16-3811 16-3812 16-3813 16-3814 16-3816 16-3817 15-3784 Rick Denman on behalf of Casco Ventures, LLC, 3800 Casco Avenue, LR-1C zoning district, requests lot area, lot width, front and rear setback variances in order to redevelop the property. Landsource, LLC, 3438 Lyric Avenue, requests lot area and lot width variances in order to redevelop a property 6,715 square feet in area and 50 feet in width where 21,780 square feet in area and 100 feet in width are required. Greg Reitan & Sally Neubauer, 925 Brown Road North, request approval of an average lakeshore setback variance in order to construct an addition on the street side of the existing home lakeward of the average lakeshore setback line. Dale Gustafson on behalf of Matt Burns, 1180 Loma Linda Avenue, requests hardcover and setback variances to permit construction of retaining walls within 75-feet of the OHWL of Lake Minnetonka. Alexander Design Group on behalf of Peter & Melissa Santrach, 1700 Bohns Point Road, requests hardcover, lot area , and average lakeshore setback variances in order to redevelop a property 0.62 acre in area where 1.0 acre is required, partially lakeward of the average lakeshore setback line, and with 27% hardcover where 25% is permitted . City of Orono , Zoning Code Amendment regarding the placement of docks for public safety purposes in the City. City of Orono, Zoning Code Amendment regarding the definition of Existing Grade. City of Orono, Zoning Code Amendment regarding lighting regulations for all land uses including Residential, Commercial, and Industrial. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by March 15, 2016 if possible . Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission To be published in The Laker & The Pioneer Newspapers on March 5, 2016. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 02/11/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROl __ .ry OWNERS LIST) 38 27-118-23 31 0013 EA WACHMAN JR & MM WACHMAN 2135 SALEM CT ERVIN & MICHELLE W ACHMAN JR 2135 SALEM CT LONG LAKE MN 55356 38 27-118-23 31 0014 B W DEWITT & M H DEWITT 2145 SIXTH AVE N BRUCE W & MELANIE H DEWITT 2145 SIXTH AVE N LONG LAKE MN 55356 38 27-118-23 32 0017 ERIC S ZONER/DIANN LS ZONER !050 COX FARM RD ERICSZONER I 050 COX FARM RD LONG LAKE MN 55356 38 27-118-23 32 0018 DA VTD H & CAROL A NARUM 1000 COX FARM RD DA VTD H & CAROL A NARUM lOO0COXFARMRD LONG LAKE MN 55356 38 27-118-23 33 0012 DANIEL VACEK & SARA VACEK 980 COX FARM RD DANIEL VACEK & SARA VACEK 980 COX FARM RD LONG LAKE MN 55356 38 27-118-23 33 002 l THOMAS D CARLSON 850 WILLOW DR N THOMAS D CARLSON 850 WILLOW DR N LONG LAKE MN 55356 38 27-118-23 34 0001 G G REIT AN & S S NEUBAUER 925 BROWN RD N GREGORY G REITAN SALLY S NEUBAUER 925 BROWN RD N LONG LAKE MN 55356 38 27-118-23 34 0002 THOMAS W LANE & WIFE 915 BROWN RD N THOMAS W LANE 915 BROWN RD NO LONG LAKE MN 55356 38 27-118-23 34 0007 P BIEGANSKI/K MOHAMAD-ZADEH 2095 SALEM CT PAUL BIEGANSKI 2095 SALEM CT LONG LAKE MN 55356 38 27-1 I 8-23 34 0008 JEFFREY E SODERSTROM ET AL 2055 SALEM CT JEFFREY E SODERSTROM & MARY R SODERSTROM 2055 SALEM CT LONG LAKE MN 55356 38 27-l l 8-23 34 0009 D K KLEINSCHMIDT ET AL 2015 SALEM CT DONALD & MYRINA KLEINSCHMIDT 2015 SALEM CT LONG LAKE MN 55356 38 27-l 18-23 43 0023 MJ &JMGEELAN 900 BROWN RD N MICHAEL J GEELAN 900 BROWN RD N LONG LAKE MN 55356 38 27-l l 8-23 43 0025 G M BANKS & S J BANKS 960 BROWN RD N GARRY M & SHANNON J BANKS 960 BROWN RD N LONG LAKE MN 55356 # 3812 PAGE: 1 RECEIVED FEB 1 2 2016 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEAR jfH DATE ON THE RECO T HENNEPIN COUNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT. DATE: 1-, t\ BY: ----"'11'r-=!,........"""f'1.IA-..------------ # 3812 RECEIVED FEB l.2 2016 CITY OF ORONO AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: The Laker, The Pioneer with the known office of issue being located in the county of: CARVER with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §33 IA.02 . (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 2 successive week(s); the first insertion being on 03/05/2016 and the last insertion being on 03/05/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580 .033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some p a rt of the mortgaged premise s described in the noti ce are located, a substantial portion of the newspaper's circulation is in the latter county. By : Designated Agent Subscribed and sworn to or affirmed before me on 03/05/2016 by Charlene Vold. ~~MM~~I~ Notary Public Rate Information : (1) Lowe st classified rate paid by commercial users for comparable space: $15.00 per column inch Ad ID 516456 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on March 21, 2016, beginning at 6:30 p .m. on the matter of reviewing the following land use applications: 16-3808 Rick Denman on behalf of Casco Ventures , LLC , 3800 Cas- co Avenue, LR-1 C zoning district, requests lot area , lot width, front and rear setback variances in order to redevelop the property. 16-3811 Landsource, LLC , 3438 Lyric Avenue, requests lot area and lot width variances in order to rede- velop a property 6,715 square feet in area and 50 feet in width where 21,780 square feet in area and 100 feet in width are required. 16-3812 Greg Reitan & Sally Neubauer, 925 Brown Road North, request approval of an average lakeshore setback variance in or- der to construct an addition on the street side of the existing home lakeward of the average lakeshore setback line. 16-3813 Dale Gustafson on be- half of Matt Burns, 1180 Loma Linda Avenue, requests hardcover and setback variances to permit con- struction of retaining walls within , 75-feet of the OHWL of Lake Min- netonka. 16-3814 Alexander Design Group on behalf of Peter & Melissa San- trach, 1700 Sohns Point Road, re- quests hardcover, lot area , and av- erage lakeshore setback variances in order to redevelop a property 0.62 acre in area where 1.0 acre is required, partially lakeward of the average lakeshore setback line, and with 27% hardcover where 25% is permitted. 16-3816 City of Orono, Zoning Code Amendment regarding the placement of docks for public safe- ty purposes in the City. 16-3817 City of Orono, Zoning Code Amendment regarding the definition of Existing Grade. 15-3784 City of Orono, Zoning Code Amendment regarding light- ing regulations for all land uses in- cluding Residential , Commercial, and Industrial. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by March 15, 2016 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono .mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Jeremy Barnhart, Community Development Director To be publisheo , in The Laker & The Pioneer Newspapers on March 5, 2016. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 3/5/16, 3LK, 3TP, March 21 Public Hearing , 516456 24 February 2016 Greg Reitan & Sally Newbauer 925 Brown Road N Long Lake, MN 55356 REQUEST FOR FURTHER INFORMATION CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us SUBJECT: Zoning Application #16-3812 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance for property located at 925 Brown Road N. Below is a list of items the City of Orono is requesting to complete our review: Certificate of Survey. Two (2) original scaled copies of the certificate of survey, as well as a digital or reduced copy (11"x17" or smaller), meeting the requirements of the City's enclosed Survey and Site Plan Minimum Standards and specifically indicating the following: a) the property boundaries; b) the location of the principal structures on the neighboring properties (for average lakeshore setback determination) Note: If the property at 2015 Salem Court is determined to extend lakeward of the OHWL, then it is the determining factor for defining the Average Lakeshore Setback; however, if 2015 does not extend lakeward of the OHWL, then 2055 Salem Court becomes the determining factor and the house at 2055 must also be shown on the survey. c) Continuation of the OHWL onto the adjacent properties (for measurement purposes), d) 150-foot structure setback from the OHWL of Dickey Lake (a NE lake), e) the existing structures and/or improvements on the property, f) all existing hardcover, g) Existing topographic contours extending 50' past the property boundaries. Application #16-3812 is incomplete. If you wish to proceed with your application please submit the items requested above by Friday, March 4 th by noon in order to remain on the March 21 st Planning Commission agenda. Please contact me at 952.249.4622 or by email at mgaffron@ci.orono.mn.usshould you have any questions. Sincerely, );,'~JJ4- Mike Gaffron Senior Planner Copies via email: Greg Reitan Mark Gronberg For Office Use Only: City Planner: City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) Meeting Date/Time: PC Date: ____________ _ Met with: 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 INFORrnTJ.(?!,I: Site Address: :1-d '--:) ·1) VDL,u O 10. Property Identification Number (PIN): ··-=2_,_7_-/'-'-/_..$_··_,,2..,.2"----">::....3/~·--=t"'-t•,-""p+/---------------- Zoning District: Size of Property: ' ------------ LAND USE REQUESTS: □ Appeal of □ Commercial Site Plan □ Comprehensive Plan □ Easement/ ROW Vacation, Administrative Decision Review Amendment without subdivision □ PID □ PUD -Residential □ RPUD, without □ Zoning Amendments □ PUD -Commercial subdivision includinQ RezoninQ □ Other: CONDITIONAL USE PERMIT REQUESTS: □ Amend Existing CUP □ Commercial / Industrial Use □ Duplex Credit per bldg) □ Grading and filling -□ Grading and filing -□ Grading and filing -with 75 feet of OHWL 501 cv or more Wetland and flood plain (includes seawalls and retaininQ walls) □ Guest House / □ Institutional □ Residential / Guest Apartment Type: □ Renewal of CUP Residential Accessory Use Tvpe: Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead Initials: costs only. Owner and/or Applicant shall pay for consultant expenses incurred in review of Owner's this application and/or additional staff time not covered in initial application fee, as well as Initials: provide an escrow in the amount of$ to guarantee payment of the above. OTHER INFORMATION: Owner Signature: Variance Application -January 2016 Page3 # 3812 RECEIVED FEB 1 2 2016 CITY OF ORONO RUN DA TE: 02/11/2016 HEN!\_ ,N COUNTY PROPERTY INFORMATION SYSTEM (PROI-. :Y OWNERS LIST) 38 27-118-23310013 EA WACHMAN JR & MM WACHMAN 2135 SALEM CT ERVIN & MICHELLE W ACHMAN JR 2135 SALEM CT LONG LAKE MN 55356 38 27-l 18-23 31 0014 B W DEWITT & M H DEWITT 2145SIXTHAVEN BRUCE W & MELANIE H DEWITT 2145 SIXTH AVE N LONG LAKE MN 55356 38 27-118-23 32 0017 ERIC S ZONER/DIANN LS ZONER 1050 COX FARM RD ERICS ZONER 1050 COX FARM RD LONG LAKE MN 55356 38 27-118-23 32 0018 DAVID H & CAROL A NARUM !000 COX FARM RD DAVID H & CAROL A NARUM !000 COX FARM RD LONG LAKE MN 55356 38 27-l I 8-23 33 0012 DANIEL VACEK & SARA VACEK 980 COX FARM RD DANIEL VACEK & SARA VACEK 980 COX FARM RD LONG LAKE MN 55356 38 27-118-23 33 002 l THOMAS D CARLSON 850 WILLOW DR N THOMAS D CARLSON 850 WILLOW DR N LONG LAKE MN 55356 38 27-118-23 34 000 l G G REIT AN & S S NEUBAUER 925 BROWN RD N GREGORY G REIT AN SALLY S NEUBAUER 925 BROWN RD N LONG LAKE MN 55356 38 27-118-23 34 0002 THOMAS W LANE & WIFE 915 BROWN RD N THOMAS W LANE 915 BROWN RD NO LONG LAKE MN 55356 .,8 27-l I 8-23 34 0007 P BIEGANSKI/K MOHAMAD-ZADEH 2095 SALEM CT PAUL BIEGANSKI 2095 SALEM CT LONG LAKE MN 55356 38 27-l I 8-23 34 0008 JEFFREY E SODERSTROM ET AL 2055 SALEM CT JEFFREY E SODERSTROM & MARY R SODERSTROM 2055 SALEM CT LONG LAKE MN 55356 38 27-118-23 34 0009 D K KLEINSCHMIDT ET AL 2015 SALEM CT DONALD & MYRINA KLEINSCHMIDT 2015 SALEM CT LONG LAKE MN 55356 38 27-118-23 43 0023 M J & J M GEELAN 900 BROWN RD N MICHAEL J GEELAN 900 BROWN RD N LONG LAKE MN 55356 38 27-118-23 43 0025 G M BANKS & S J BANKS 960 BROWN RD N GARRY M & SHANNON J BANKS 960 BROWN RD N LONG LAKE MN 55356 # 3812 PAGE: l RECEIVED FEB 1 2 2016 CITY OF ORONO I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION HENNEPIN COUNTY RESIDENT AND REAL EST ATE SERVICES DEPARTMENT . # 3812 RECEIVED FEB 1 ·,2 2016 CITY OF ORONO ~ SALLY S NEUBAUER GREGG REITAN 4101 PENNSYLVANIA AVE EAGAN, MN 55123-1581 17-2/910 5040 1,1111: i PAYTOTHE Cr:;4 -£- " ORDEROF V ~ .,., ~fv Ftvc J ·. e?~ ~ nfl,/r cd DATE zj// h $~>~- DOLLARS &J ! ~bank .. PJlofQl!seNi~youo A ~ MEMo McM111L~£ ---~- 1:0'11.0000 2 21: 1.01. ?8 2ti0 58 :lbll <:.~ ~~~e~.Fentums O~!ellso11Back M' SALLY S NEUBAUER GREGG REITAN 17-21910 5039 4101 PENNSYLVANIA AVE ;:/11 il/6 EAGAN, MN 55123-1581 DATE I, Iii rAYTornECt· / y ~ tJr~'?i ,? 1 $ ·7 a:;. c>-r::!:J " ORDEROF I /"',,,. / L I I i£i ··~"i'"'""' ::, c..,r t::,,,t i1 r-eA DOLLARS """"~''" n'I:!bank .. "' of QI!""'"" yo.,. ME:--rlr l th4Le,. 4-rr Fee, c::rd-~ M' 1: 0 '1 Ii 0 0 0 0 2 2 1: Ii 0 t. ? 8 2 ti 0 5 8 :1 ti 11• ADJACE~' -'7ROPERTY OWNERS' ACKNOWLEDGF ;NT FORM I (we) /Jc>rJ e. m,,(,f"t!VO. kLo,ns-~m,t,J/--of !}-<)IS-:54~ ~ ~ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 1-31--/b Date /-:1/-1'~ 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 1 O days prior to the scheduled meeting date. Variance Application -January 2016 Page 12 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1 (we) 'Torf\ 2 f JU:t{ Lt.H'~ [print name( s )] of 9lS N .. f3,o~n ~<1 [print address] nLCEIVED FEB 12 ?016 CITY OF ORONO RECEIVED FEB 12 2016 , CITY OF ORONO have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. 1-/1 /1~ Date # 3812 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. DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First ...., 1 Middle" Address Or~ ll1/// City State , my rights as stated above. /~~ ~ --- Variance Application -January 2016 Last ;:.--s-ssC (:"/2-<t1>1-Cft,i£ Zip Phone Page 9 # 3812 RECEIVED FEB 1 2 20'/S CITY OF ORONO City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Date: _/ .,,J (., 1 c; Stormwater Quality Overlay District Tier: (Circle one) (J:ier]) Tier 2 Tier 3 Tier 4 Tier 5 Step 2:~0SED HAR~COV~ In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separate!•, for each portion. Key to . Survey Hardcover Item (Describe) Length X Width Total (Square Feet) <Example) (Garaqe) (24' X 30') (720 S.F.) A B C D E F G H J K L M N 0 p Q R s T u V w X y z ( 1) Total Proposed Hardcover Excludable Hardcover (See City Code Sec 78-1684): (2) Total Excludable Hardcover (3) Net Proposed Hardcover [Subtract line (2) from line (1)1 Proposed Hardcover Percentage [ (3) + (4) ] January 8, 2013 MARO 4 Z016 CfJY OF ORONO I B .?! ~ S.F. ;; 5''2¥ S.F. -..o..::;,.,, S.F. ."'s' S.F. ::;,-S.F. ~-~-,,2__ S.F. t.J S.F. 10::; 'J S.F. :::;;s; S.F. I~,< S.F. I 2 c; S.F. /7 ~,e S.F. ~ ?'il S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. )' ~ 2 <~ S.F. S.F. S.F. S.F. S.F. S.F. o S.F. l'f.,26'6 S.F. J l..~ o/~ I S.F. /7 .. 25 % City of Orono Hardcover Calculation Worksheet Property Address: 9 2 (ii?. c(; Prepared by: 8 :"',, z .. 'J:,.; 1.:-!{; (: f t! _.'\.-''•t:1 t'·• .·" £ 'f\:-~ ... /· !' ;;<'<"' ('"'.,, Storrnwater Quality Overlay District Tier: (Circle one) (11er1-\ lier 2 lier 3 lier 4 lier 5 ,-"?.-.\' Step 1 :cfxiSTINGHARDCOVER) In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (su,vey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to I Total Survey Hardcover Item (Describe) Length x Width (Square Feet) (Example) (Garnoe) , :.J24'x.Soi) (720 S.F.) J /h'A/ !<' 'I I S.F. L Air· ,;)_,At) 4' S.F. 1------M'---_,_-~Ru""'. ,._.,,L .... ' A"'--ii-£/"''""'""_.,,r;,.1"'------------+---------+-----"/_i2_-....:?1 ___ .S...;...F;....;.-1 N S.F. 0 -S.F. 1-----"-p--4-----------------+---------+-------S;..c.;._;_F. _ Q S.F. R S.F. S S.F. T ·S.F. U S.F. V l S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Existing Hardcover /o 6'71/ S.F. s.r- S.F. !3.F. S.F. I t------'-----------------_,___________ .;.., (2} Total Excludable Hardcover o S.F. i (3} Net Existing Hardcover [Subtract line (2) from line (1 )] , ___ /0, 6 71'.'.' 2.L~ 1--(,.4_.._} _T_o_ta-'--I L;;;;..o;...:.t.c..A;:...re'-"a'---"-A.,__l)=-.,,,.....:-"'V'--.:"'-" __;;_O..,._N'"".tt,,=-'.L "-'__,-t;.._:;--.ltl:;..;.."..:..f'-'-4.-"-. -=IJ:..;.'-=t"..::::;'W=''--,v-"---/t.ti_. _Jl_: e,_,,t._oet.-_;-____ -+--·•$1;;-:2;;.;;...1/""""'. ,t 1 .. 9.:q January 8, 2013 Existing Hardcover Percentage [ (3) + (4) ] ~. 9 ___ ::_j (Proposed Hardcover next page) MAt< 0 4 LU1ti CITY OF ORONO CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE : 925 BROWN RD N : 27-118-23-34-0001 : UNPLA TTED 27 118 23 : LOT 000 BLOCK 000 : ESCROW FEE -APPLICANT : RESIDENTIAL : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING PERMIT APPLICATION 16-3812 APPLICANT REITAN & SALLY NEUBAUER, GREGORY 925 BROWN RD N LONG LAKE, MN 55356- OWNER REITAN & SALLY NEUBAUER, GREGORY 925 BROWN RD N LONG LAKE, MN 55356- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT Payment(s) CHECK Issued By Signature 5040 II I Ill Ill Ill I II IIII II I IIIIII I Ill I IIII I II llll 111111111111111 *2016-00167* DATE ISSUED: 02/16/2016 TOTAL Date 2,500.00 2,500.00 2,500.00 I I LAND USE APPLICATION ESCROW AGREEMENT Application # / k 3 i I ~ AGREEMENT made this I~ day of 'Jc_br'±t4'\f, 20__.l__k2, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and [,:;.,ej Re ,f-a..n etf\.d.. Sa.I I y Ne. l.(. lo«u e. ~ [a corporation -optionaij ("Owners"). Recitals 1. Owners have filed Zoning Application #_---..:./---'b'----3 7 I J..,. formally requesting the City to review plans for a \/a.,('(,cUl}(!e_.. located at the property addressed: q o{ s BrouM,, Bo ad... w· (the "Subject Property") legally described as • 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCRO.~UHQ~Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $ ~C,I, with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans , and preparing agenda packet material for City Council review of application # J Ip -3 '8" I N . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application . 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs , the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners ' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above , shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3 . The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds . Owner may also request the release of the funds , and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners , or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012 . ,nternal Use Only: C Original to Finance Department C C.opy to Zoning File a Copy to Street File Variance Application -January 2016 Page 6 0 105 Feet © Bolton & Menk, Inc -Web GIS 3/16/2016 11:47 AM 0 Legend Railroad City Limits ::l"'i ,_ □ Parcels (2-1-2016) ® This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not r,-~nnn<ihlP fnr ::inv in:u-:ir.ur::idP!: hPrPin ,r.nnbinPrl, 6:12 ROOF BEYOND FIRST LEVEL BASEMENT WEST ELEVATION LAKESIDE SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB f2 2016 CllY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 A300 #3812 JOISTBRG. FIRST LEVEL BASEMENT SOUTH ELEVATION SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 12 2016 CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 A301 #3812 w I I I I I I I ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY JOISTBRG. FIRST LEVEL _______________________ _L_L ______________________________ _,_ _________________ ~ BASEMENT EAST ELEVATION STREETSIDE SCALE: 1/8" = 1 '-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB t2 2016 CITY OF ORONO DESIGN DEVELOPMENT 01/21/2016 A302 # 3812 NORTH ELEVATION SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 JOISTBRG. BASEMENT A303 #3812 GARAGE GARAGE NORTH ELEVATION SCALE: 1/8" = 1'-0" GARAGE EAST ELEVATION STREETSIDE SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 GARAGE RECEIVED FEB 12 2016 CITY OF ORONO ELEVATION MATERIALS & COLORS: HORIZONTAL SIDING (HOUSE): DARK GREY SHINGLE SIDING (GARAGE): DARK GREY BUILDING TRIM: WHITE WINDOWS: WHITE ALUMINUM FRAMED WOOD DECK: BROWN STAIN STONE: TAN/LIGHT BROWN ROOF (HOUSE): BROWN/GREY MIX ROOF (GARAGE): GREY DESIGN DEVELOPMENT 01/21/2016 A304 # 3812 13'-31/2" 12'-3112' EXISTl~ow~= -t--+--+-...1 DOWNSPOUT EXISTING HIGH WINDOW TO REMAIN GLASS BLOCK? ....J ~ w 6 ~ SHADED WALLS INDICATE EX~TING CONSTRUCTION TO REMAIN □ 111TV::l#4 mllL:J 44'-0' OVERALL 30'-81/2" (TO MATCH EXISTING) FIXED SIDELITE 4'-8' I I I LIVING' ROOM I 9'-0" I 4'-8' 4'-8" ~ LINE OFSOFFJT ABOVE KITCHENETTE ~ I ~~~1~;c'!~~N,1'0 ~ I I REMAIN, FIELD VERIFY g; .---___ --83-=--___,___ I MECHANICAL STORAGE & FITNESS ~ ·' N 3'~ ! WINE CELLAR & I STORAGE EXTENT OF PERIMETER HORIZONTAL INSULATr (2"XPS) I BASEMENT LEVEL FLOOR PLAN-WEST-1,608 SQ. FT. DOES NOT INCLUDE UNEXCAVATED SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 · 201b CllY OF ORONO CONC. SLAB ON GRADE DESIGN DEVELOPMENT 01/21/2016 APPROXIMATE GRADE PLAN TRUE NORTH NORTH $© A200 #3812 • l LINE OF FRONT , .. -,.v .. ,~-ENTRANCE PORCH & 7.7?"'Y":'::,:;:.:h:-::.:::-..!::s COLUMNS ABOVE FIRST LEVEL FLOOR PLAN -EAST -1,653 SQ. FT. DOES NOT INCLUDE RESIDENCE) SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 2 2016 CITY OF ORONO FROST PROTECTED I SHALLOW FOOTINGS EXTENT OF PERIMETER HORIZOITTAL INSULAiN (TXPS) I DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A201 #3812 SCALE: 1/8" = 1 '-0" 68'-0" OVERALL 13'-31/2" 30'-81/2' (TO MATCH EXISTING) 12'-31/2' 4'-8' 4'-8" I I I I IDIWlrn I LIVING ROOM REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 I I I I I I I I I I DN I~ I FOYER ~------_ _J : 8'-6" I RECEIVED FEB 1 2 2016 CITY OF ORONO I BED~OOM#1 DOWNSPOUT □ I 3'-0" ORIGIIW. WAll TO REMAIN WALK-IN SHOWN FOR REFERENCE CLOSET DRESSING ISLAND ~ DOWNSPOUT 10'.()' DESIGN DEVELOPMENT 01/21/2016 5' N ~ !;!:? ~ (V) l',, _, ~ #3 PLAN TRUE NORTH NORTH $© A202 12 DAYLIGHT GARAGE FLOOR TRENCH DRAINS TO SOUTH SIDE ----- GARAGE#2 18-0' W X 8'-0" H SLOPE GARAGE FLOOR / TO TRENCH DRAIN@ 1/8' PER FOOT, TYPICAL I --~ 6'i01/2 2'-6' I I I I D D 1-----1-------1 D D : : D D t-___ .._ __ --; D D : ~-----------~-----------~ DOWNSPOUT FIRST LEVEL FLOOR PLAN-EAST-1,653 SQ. FT. DOES NOT INCLUDE RESIDENCE SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED FEB 1 2 201fi CITY OF ORONO 11 DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A203 # 3812 ' -----, I I I I I I I I I I I I I I I I I I I I I I I I I I I ~'HIGH KNEE WALL@~~~ ATTI-~ ' ~. ----OPEN TO BELOW -----;~ DD DD DD DD SECOND LEVEL FLOOR PLAN -EAST -1,452 NET SQ. FT. OVERALL 711 SQ. FT. USABLE SCALE: 1/8" = 1'-0" REITAN RESIDENCE 925 NORTH BROWN ROAD LONG LAKE, MN 55356 RECEIVED •·E·s· 1 ,? ?016 f. ''-~- ' err< OF ORONO DESIGN DEVELOPMENT 01/21/2016 PLAN TRUE NORTH NORTH $© A204 #3812