Loading...
HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Scott & Lisa Bittman 25 Brown Road South Long Lake, MN 55356 TYPE OF APPLICATION: Variance APPLICATION NO. #2517 NOTICE OF COUNCIL ACTION Date of Notice: August 24, 1999 COPIES: ----------------------------------- DATE OF MEETING: August 23, 1999 VOTE: 5 FOR 0 AGAINST ------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than August 23, 2000. 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. hb ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 23, 1999 (*#7) #2509 ANDREW RONNINGEN, 3030 CASCO POINT ROAD -VARIANCES - RESOLUTION NO. 4337 Sansevere moved, Kelley seconded, to approve Resolution No. 4337 Granting a Variance to :Municipal Zoning Code Section 10.22, Subdivision l(B), File No. 2509, 3030 Casco Point Road. VOTE: Ayes 5, Nays 0. (*#8) #2515 TOM AND l\ilAUREEN PALM, 1685 CONCORDIA STREET - VARIANCES -RESOLUTION NO. 4338 Sansevere moved, Kelley seconded, to approve Resolution No. 4338 Granting Variances . to l\ilunicipal Zoning Code Section 10.22, Subdivision 2 and Section 10.03, Subdivision 14(C), File No. 2515, 1685 Concordia Street. VOTE: Ayes 5, Nays 0. (*#9) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH -VARIANCES · -RESOLUTION NO. 4339 Sansevere moved, Kelley seconded, to approve Resolution No. 4339 Granting a Variance to l\iiunicipal Zoning Code, Section 10.28, Subdivision 5(B), File No. 2517, 25 Brown Road South. VOTE: Ayes 5, Nays 0. (#14) EXTENSION OF SE\VER SERVICE TO 2090 SHORELINE DRJVE - RESOLUTION NO. 4341 r-.fartha Head, Applicant, was present. Head stated the only issue she has is that the ownership of the property is actually in her husband's and his sister's names. Moorse stated that a revised resolution was prepared correcting the first Whereas clause to sho\v that the property is ovvned by Douglas Head and Sally Bosanko. He said there is also an Exhibit A which is a legal description of the property. Barrett requested that if the Council adopts the resolution, that number 1 in the resolution be amended to read that the deed covenant be in a form acceptable to the City Attorney. He asked if Mrs. Head had any objection to that. Mrs. ~ead replied that she had no objection, Peterson moved, Flint seconded, to approve Resolution No. 4341 Regarding the Extension of Municipal Sanitary Sewer Service to the Head Property at 2090 Shoreline DriYe with the correction to the legal name of the owners of the land, the deed covenant will be in a form acceptable to the City Attorney, and the legal description of the land will be part of the resolution. VOTE: Ayes 5, Nays 0. Page 11 Application Date: Completion Date: 60 Day Deadline: 7/21/99 7/21/99 9/20/99 REQUEST FOR COUNCIL ACTION DATE: 8/17/99 ITEM NO: ~ Department Approval: Administrator Reviewed: Name Kris Jenson Title Asst. Zoning Administrator/Planner Item Description: #2517 Scott and Lisa Bittman 25 Brown Road South Variance Zoning District: Lot Area: RR-lB One Family Residential District (2 Acre) 3 Acres Agenda Section: Zoning Application: The applicants submitted an application requesting a variance in order to construct a second story addition to the existing home, which had an existing partial second story. The building envelope is not being expanded . The applicants have submitted a building permit, however work was started prior to the issuance of the permit. PLANNING COMMISSION RECOMMENDATION: To unanimously approve: 1. A variance of 7 .3' from the front yard setback in order to construct an addition to the second story 42. 7' from the property line , where 50' is required. STAFF RECOMMENDATION: To approve or amend the enclosed resolution. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. A RESOLUTION GRANTING AV ARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5(B) FILE NO. 2517 WHEREAS, Scott Bittman and Lisa Bittman, husband and wife, (hereinafter "the applicants") are owners of the property located at 25 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: The East 330.00 feet of the North 11 acres of the East 25 acres of the North 55 acres of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subd. 5(B) for a front yard setback variance to allow the construction of an addition to the second story of the existing home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2517. 2. This property is located in the RR-lB Zoning District where the minimum lot area requirement is 2 Acres. The property consists of approximately 3 acres. 3. The Orono Planning Commission reviewed this application on August 16, 1999 and recommended approval by a vote of 5-0 on the proposed variance based upon the following findings of fact: Page 1 of 4 A. The existing home cannot be viewed from Brown Road South due to heavy vegetation. B. The addition of the second story will not increase the building envelope on the property. C. The existing house currently meets the side and rear yard setbacks. D. Construction was started without the issuance of a building permit. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a front yard setback variance per Municipal Zoning Code Section 10.28, Subdivision 5(B) to permit the construction of an addition to the second story of an existing home. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 23, 2000). Page 2 of 4 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate and authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of August, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner ( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of ___________ , 199_, before me a Notary Public within and for said County, personally appeared ________________ _ _________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ______ day of ___________ , 199_, before me a Notary Public within and for said County, personally appeared ________________ _ _________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 4 TO: FROM: DATE: Chair Hawn and Orono Planning Commissioners Ron Moorse , City Administrator Kris Jenson, Assistant Zoning Administrator/Planner August 9, 1999 RE: #2517 Scott and Lisa Bittman, 25 Brown Road South V ariance--Public Hearing Zoning: RR-lB, 2 Acre District Application: To allow a front yard setback variance in order to construct a second story on the existing residence. STAFF SUMMARY The applicants have requested a front yard variance to add a second story to the existing home, which was constructed 42.7' from the Brown Road South Right-of-Way . The lot is 3 acres, on which sits a house and 2 garages. The other structures exceed setback requirements, and the house exceeds the side and rear yard requirements. Staff observed during a site visit that the land between the ROW and the residence is heavily wooded, and the house is not seen from the road. Furthermore, if the house were to be tom down and built at the setback line , it would require the removal of many large mature trees on the lot. This addition was started without a building permit, but by the time Staff discovered the work, the roof had been removed. Staff gave them the OK to go ahead with the project, with the understanding that the variance would be applied for to make the addition legal. The applicant's were also advised that they were proceeding at their own risk, meaning that if the Planning Commission and the City Council denied the variance, the addition would need to be removed. The planned height of the new addition is 25'. Pertinent Ordinance Section 10.28 RR-lB One Family Rural Residential District, Subd. 5, Area, Height, Lot Width and Yard Requirements (B) Lots. The minimum front yard shall be 50'. ANALYSIS RR-lB District Requirements Lot Area Lot Width Front Yard Rear Yard 2 acres 200' 50' #2517 Scott & Lisa Bittman, 25 Brown Road South Front Yard Variance August 9, 1999 page--] 50' Side Yard 30' Subject Property Lot Area and Yards Lot Area Lot Width Front Yard Rear Yard Side Yard 3 Acres 396.17' 42.7toROW 180'+ to house 96', 200.2' This lot conforms to required lot width, lot area, side and rear yard requirements. Issues 1. This is an after-the-fact variance request. STAFF RECOMMENDATION ► Staff recommends approval of the variance to allow a second story to be constructed on the existing home with a setback of 42.7' feet, a variance of 7.3' feet from the 50' setback. Exhibits: A Application B Location Map C Plat Map D Survey E Elevation Drawings F Neighboring Property Owners List #2517 Scott & Lisa Bittman, 25 Brown Road South Front Yard Variance August 9, 1999 page--2 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00· ($50.00 per each additional variance) _ Renewal Variance Fee . $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION · Application# -2 5 I 7 Date Received 7 b-1 / '1 '1 Amount Paid 2 5 0 @ Site Address ,r 5 Bro:v v1 Pl SJ Property Identification Number (P.I.D.) Q ~ i 17 13 ;U d?O j Attach legal description to application if not included on required survey. Date Pr_':~cquired ____ \~~-__.~ .... CJ--____________ (month/year) I (do) ~ also own the adjacent parcels of land. Present use of property: _K_residential __ other (specify) _________ _ Zoning District: ________________________ _ APPLicANf-.. \ 5'.'\.-'p( Aiua:(A Name ~.,C.D.tt ~~ ~tf ~ctV) Address: as fuioW½ i?J ¾ Phone(home) L{JS Cz l iq Phone(work) City:__.Q__,__,...._6}1_._ _ _._,..-"'.___-=._-=._-=._-z-ip__,5"=-. ~-----:-5---=-$"-. G,~ OWNER (if different than applicant) Name --------------- Phone (home) ~ , Phone (work)=====~~~~----_-_-_, ~~ . City: ________ Zip: ___ ~fL ' Address: ------------ ~ii--::,,.:2,~,rsaJ . §1 lj I I DESCRil'TION O!f RE'!)UEY: 1 Estimated ~nstructioto1~ yo Tu- Desbe request m detail: e p a c_,e C,ov1 loJ O OVIJ\.Q (attach additional sheets if necessary) VARIANCES REQUIRED · Lot Area Lot Width Hardcover · __K_ Setback: iFront Side Rear --. Lot Covera~e~ a::e"'· ~ I . \\fl l Average Lakesho -~:r i~l ' HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDffiONS Describe undue hardship or practical di:fficultY, or unusual property conditions preventing compliance \}'ith Zoning Code require~ents: floo$Q 11/0 S bt,,11 l±-±o cLos.Q. ~ f CSG.! . (attach additional sheets if necessary) 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: ·1. 2. 3. X 5. 6. 7. 8. Completed Application.Form >----, Certified Property Owners List of owners wit~ 150', \labels ··and plat map (you must obtain this list, labels and map from Hennepin _qounty Department of Finance, A-603, Govt Center,_]_48-3271):. \ utv{Q__, T '5<:J.i S9 [ 0 Certificate of. Survey (signed by a licensed'-iurveyor) and incluae hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal ·riarnis (include marital . status) of all persons with an . interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. -· ,,_.,..,-=.:::· Th~ Applican 1 t_ an? Pr.operty Owne 1 r m~fst hsignbthis ~Pf licatiot?· hPlease rebmemb_er 1 thdat dyour ~---~_{,·_:_:,_}_~_-__ ··,.,_._ variance app 1cat1on 1s not comp ete 1 t e a ove m1or~a 10n as not een me u e . y .... APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning ,,::r:,· Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tru and c rrect to best f his/her knowledge. }) t--) t.<·-.·. Applicant's Signature ~-e=i~~'---/f;.-/fp::::::;::::::c::,_:_____:.::::::::::.L: OWNER'S SIGNATURE c:,, - The owner hereby acknowledges and agrees to this application and further authorizes reasonable ~) · entry onto the prope by City staff, consultants, agents, Commission members, and Council ~t '7 members for purposes1 of inv.esti ation arid ve ·fl.cation of this request. .· ~N( Owner's Signatur ---:'/'--f➔.-H++-Hf-+-,f----'--~-~-'-· Date 7--/Cc-ere\~ ~ Applicant must n / the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. · 7 62 A 0 ~ "' = ... mis ! = ... ~ 1 0 0 ~ Lake .1: OIIONOHtliHSCH ■ Classen\ B I----""'""""""'""• \ .1: .,... (0 a.. <( ~ w w (f) C D CX) ~ ~ ::c @ \~_) DflfJNOMDDI.ESCH ■ 12 WAY2ATA (fl,~i'\.~ Lpke ~-,\I l:S DEER HILL RO 800 KELLEY BLVD .'!ill! 2 MEDINA %✓, . ~ Q"<. "-~~~- 2600 '\._,,, 1200 SEE MAP 48 : r- i: ' i1 DEER HILL-' RD / I I /. .,__.I··-:r:~ I ·.JI ----z,,._ __,., -cc~ ~.-,.--;~ '-)--~ '-) ~-.;~ ~ -. -_. ,/ f-~, . ........., -~ Ca,: ~-I -~ ~ J . ,.-~ .. 'Y ,--~ . ~ ....:,·· 1···,~-y ----.,,....., ..,,-1 ..... ..,, ... e .. e c; e. .. ,~·· ..a, .___, ... :~·.::.. --...... -~:..._,, ,···· •__.; e---~--~ ~ ,Jtr]II,,,. - e .. , r.:a - c:· --~•,,.~ - e-_LA ·- c:;J '· ,rll>. I -=-=' c;;, ~ ,L~ 1 .. ,,__~ ! ~j ,,~ 1 .,,, \ ~I·~ e.~·~·~ 3 ---~-----" "' " " ! ;:;: =#25lT 4 I 0 ::;; ::c @ 62 A B i: ., 'l I I\ (8) N ---Ji.-------1 ~ .,,,_ 0 7 -er::: 0 129. 69 °' .,,,_ 0 '.-!=.----'srr __ , ---;;:8cc-3 '-'-,::.,-44.,..,~::-:I ( 18) ~ 21 (33) ~ 104 \ 2. 69 13 --~Q->· 22. 04 ·63_.· 9 A c.n ( 20) ~ 8 ( 19) ,6 ..-,46.41 ~ ?50\ ~-5=5'-'-_8::..:3'---'---4'-"'B_:~ ~ WESTWO OjD 5. 9 t -~ ···-_7_5 ____ ___; __ .. \ 83: 28 >5. 29 I I -sr-\ 15 ~ I , 4 o I i.rj16: .... "' 17 ui :": 6) f;-j \C27) :-i: : ;;_7\ .F.r : "-1-- 16 I 85 831 (83 JB9°32' 52" w 383 .68 (3) "" = -q- lOO cci "'0, o- 0 0 z: \ lO 20 "'" (32) ~ oi :" c.,J 174 c.,J co !=" oi 2 ( 24) "" [h - i<, ? 0 z: 192 A N N 'I- A q,' 456 !I ~~~~~ 395 :OLIN DR) ~59.0 1 N89°45' 18"W ( 16) ( ') 1 \ w <D LO -0 LOO -N 0 V) ,.-L'._ij L~-.. ·~ ... ·.,\ LJ'i ( 14) ·---7 27 . 2 ;/ (7) 544 ."::>" r •/;>, '\ t,._ "' E ( 9) ) N <D 0 c.,J ( 5( :-' A 0, ii (37) .J>. t'.:: 313 . 5 I 0 0:::: ~.., D ( ( 10) ! ~ I I -(74) I ~-0 :(75) -0 210 : ~--=-:-:::-:::-:::-.=---··-··-· ~ __ 7_5____ -. ------\-----\----"c:..,c__.,....,__---l z frl 3: -0 315 0:::: co D (76) 33 33 : I -315 ' 0 '. <D 313. 5 315 6'.9. E <6', 33 33 3 l5. 97 "' g 317 D U1 N C 'l ( 8) 317 B (7) c.n / / I ...... CERTIFICATE OF SURVEY FOR SCOTT BITTMAN IN THE NW 1/4 OF SEC .. 3-117-"-23 .HENNEPIN. COUNTY, MINNESOTA S 89°32' 52;' E 330.01 .......... ----··-··-;?---------------~ .. ---------------'"!'"'-------------!-,..-_-33-.00--...;.~ I I I I I I ........ J: ,, ' ,-1 I I I I I t.. __ _ ,-, I I I I I I I I ,, ,-, I I I I I I I I ,, ·, ' ,,• ' ' ' ., ,, , ,1 ( I ,1 ◄ \ I I\ I 11 I 11 11 I V I I I I __ , . ' I 'I I I I 1 11 I 11 I LL, ..,. I I I I £XlS'TJIG § :::::::'::::::_t~1--- • -101.4 I • · I lilfXr_ I • L--.;.. -_1 I I I I ,~ .~ -I I ~ I NEW ADDITION -';f" UNDER ---1,.. CONSTRUCTION -- .. ...... , .. :, I I i •' 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 -1 I I I I I I I --------------~.--f----------J ______ _ I I I -----------------------------------• 330 I I I I I t-::> 0 (f) 0 < 0 0::: r--z (0 3: en I"') 0 0::: CD ......., EAST UN£ ,NORTHWES ~ Of' SEC. 3 L,J ~ ;., 0 0 0 0 (/) (.Q ~ ~ . 0 z 0 < 0 0::: >-t- --------o::::--------------------------L-....i.-----i;'·~·-·:...::33·~00~-~--~ . z ::> 0 (.) CRAWN ECO 99-212 CATE N 89°32' 52" W 330.01 ······ i . LEGAL PfSCR:PIIDl-1 Of PREMISE$ : i The East 330.00 feet of the North 11 aeres. of the East 25 ceres of the North 55 ceres of the Northwest Ouarter of Seetion 3. To,.nsh;p 117 North. Ronge 23 West of the 5th Prineipol Meridian. i i i n o : denotes iron marker Be0rings sho.n ere ba$ed upon en cssun,ed datum. This si.rvey intends to show the-toeotion of 01 existing house, ond two existing 9ora9es in relation to the above deseribed property. It does not pu-po,t to show ony other· improvements or encroachments. I H£R(9Y ctRTr'I' THAT lHS P\,.AM, SF'EC.F'lCATlOH. OR AE'.?CRT W,.S l'Rt?ARE!l BY LIE Off <.t«R MY C>R£CT Sl..l'tRVISlCN »<) ll<AT I..., A 01.U LICU<StO PRCFi:SSll!W. = A>lJ LA>lJ -t'rCII Lta;! 1K: UIS a 1K: STAI! a MH€SOfA /(l/Z THJ OUAA 111-: SCAJ..E 1•--30 0ATE s-22-1 JOO N< 99-21 I· ~ ,n: rt_ ; '' ;Q_ • I J ·- i I i I I I I I ' I j i i . i I ! I I I i. I ! I , I I I · / •' WeS1' ~ St:6VA710N t· •,.•. KIT.CHE-N $\Ti\/\~N j i; ~ ~ ~ ~ ' irt··-·- ~ ~ N . i ~ ~ ~ ~ --t- A.HP S'E.,C.oND ',.,ELOOR. AP.D\'TION . ... . ... ,·. \Z&IVE.N c~ it BJWJ.JH '"RD LONCi LAKE MN · l-J--l1;.--,·-l::o•tt- /.~---------- --·--·-····-··-·-·--r· ------·· - -·· ---~~·;:·=> -i.;• -----·------··--·----·----------11 I \n ~ ~ ~. 1 a 7- ~ ~--. II -,- 0 - !, 'i ! ' 1/'' I , .• · .. 1~;1• .. : (,' '·· ~;; ;!',' ·t: ·:·,\ j·•·· Hot,'Tlf EU;VA-noN ,: .:~ . _; \ f\ l/\ 1 ' ,{,, : ~{\J. (;;_;:i\tl' :/, :)]l-:. ;1'i,. tpVwrl., . ; . (~', ~1•? '{.~;i:L:lfr :1~ \~,fr,, j ') \1: -.,1,f 1', ': ;l,I; 'itl:.'. ': '~· •t\1. 11,1 • ' ,, { ,., f: i_f. f I I :._,; I :K\TCH~N E»\ TT. \1\/:\N i i r-! rn A_HP St:..C.oND · ..fLOOR, A.PJ;,ITION RE>IVE.NC~ ij 13f!CWN ~D lONC, LAKE MN I I I J :I ;1 ·I t. !· ! I f ffi.mlli:~t,"·~ ------··· --------. -''-·-7JJI~~ __;,--.. ---- ~l~ L-o'~-·.------· -· ·-•·-.--.. -·---·-•-·--· ---··- ----------------------------------------------------·-·--.. . Z_ -:!. i RUN DATE 07/16/99 BATCH 505 PROP ADDR · OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR · PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 03-117-23 12 0004 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD P O BOX 77 LONG LAl<E MN 55356 38 03~117-23 12 0009 00038 . ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN•F DUNN 20 S BROWN RD , PO BOX 77 LONG LAKE MN 55356 ·38 03-117-23 21 0014 02010 COLIN DR NIVIN S MACMILLAN NIVIN SNYDER MACMILLAN 151 WESTWOOD LA WAYZATA MN 55391 38 34-118-23 34 0010 00015 BROWN RDS J M & BJ EISS JOHN M & BONNIE J EISS 15 BROWN RDS LONG LAl<E MN 55356 72 34-118-23 43 0076 01995 KENNEDY LA DE & J A STEBBINS DAVID & JUDITH STEBBINS 1995 KENNEDY LA LONG LAl<E MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03-117-23 12 0006 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD PO BOX 77 LONG LAKE MN 55356 38. 03-117-23 12 0010 00130 BROWN RDS WALTER RICHARD MCCARTHY JR WALTER RICHARD MCCARTHY JR C/0 FCI 332 MINNESOTA ST 12100 ST PAUL MN 55101 . 38 03-117-23 21 0018 00038 ~DDRESS UNASSIGNED LLOYDS KELLEY LESTER SKELLEY 2135 COLIN DR LONG LAKE MN 55356 72 34-118-23 34 0030 00032 WESTWOOD DR ROBERT D HANCE ROBERT D HANCE 32 WESTWOOD DR LONG LAKE MN 55356 72 34-118-23 43 0082 00018 BROWN RDS JUDY L KELLETT JUDY L KELLETT 18 BROWN RDS LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 30 38 03-117-23 12 0007 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD PO BOX 77 LONG LAKE MN 55356 38 03-117-23 21 0001 00025 BROWN.RDS S BITTMAN & L BITTMAN SCOTT & LISA BITTMAN 25 BROWN RDS - LONG LAKE MN 55356 38 03-117-23 21 0024 . 02075 WATERTOWN RD ·A & L PETERSON ALAN B & LORRIE J PETERSON 2075 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0031 00038· WESTWOOD DR T J & SE BOSWELL-HEALEY T J & SE BOSWELL-HEALEY 38 WESTWOOD DR LONG LAKE MN 55356 TOTAL BATCH 505 00014 .) \ _) -J CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 612.249.4600 ZONING FILE # 2517 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 17, 1999 _____ , _______ ,, ______________________________________________________________________ _ TO: Scott & Lisa Bittman 25 Brown Road South Long Lake, MN 55356 TYPE OF APPLICATION: Variance DATE OF MEETING: August 16, 1999 COPIES: VOTE: 5 Planning Commission recommends the following: ·------------------------ FOR 0 AGAINST Approval to construct a second story addition on a home located 42.7' from the Brown Road Right- of-Way, where 50' is required. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: August 23, 1999 If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Kris Jenson at 612.249.4600. ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16, 1999 (#2515 Tom and Maureen Palm, Continued) garage being located 48 feet from the same property line . Because the structure is considered to be oversized, the sideyard setbacks ate required to be 15 feet rather than the district 1 0 foot standard . Staff is recommending that the garage be reduced by five feet in depth, which would allow the Applicants to maintain a three car garage and still meet the 10 foot setback requirements . Jenson stated a 750 square foot garage would reduce the existing hardcover to 28 .9 percent in the 75-250' setback, with the current hardcover be ing calculated at 34 percent. Palm indicated he would be in favor of reducing the size of the garage to 25' by 30'. Palm noted the City has received two letters from his adjoining neighbors indicating support of this project. Jenson stated the letters are included in the Planning Commission's packet. Palm commented in his opinion this situation benefits everyone by reducing the existing hardcover on the property and relocating the garage off the sewer easement. Tom Trainor, 1675 Concordia Street, indicated that he was in support of the project. John Gehring, 1687 Concordia Street, commented he also was in favor of the project. Palm indicated he would be willing to reduce the size of the garage to 750 square feet. Lindquist moved, Nygard seconded, to recommend approval of Application #2515, 1685 Concordia Street, to permit construction of a 750 square foot garage and driveway as depicted on the survey, with the understanding that the existing garage will be removed. VOTE: Ayes 5, Nays 0. Item No. 10 follows Item 15 (#11) #2517 SCOTT AND LISA BITTMAN, 25 BROWN ROAD SOUTH -VARIANCES, 8:15 p.m . - 8:22 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Scott Bittman, Applicant, was present. Jenson stated the Appl icants are requesting a front yard variance to add a second story to the existing home, which was constructed 42.7 feet from the right-o f-way to Brown Road South . Jenson commented the lot is heavily wooded and the house is not v isible from the road. Jenson stated the addition was started without a building permit, with the roof having been removed by the time Staff had discovered the work . Staff allowed the work to cont inue with the understanding that the variance would be applied for to make the addition legal. Bittman had no comment. There were no public comments . Stoddard inquired why the work was commenced without a building permit. Pa ge 10 ORONO PLANNING COMMISSION MINUTES FOR AUGUST 16, 1999 (#2517 Scott and Lisa Bittman, Continued) Bittman stated that there was a previous second story to this residence, with the roof being removed in an effort to determine the extent of the work needed. Bittman stated that a building pennit had been applied for prior to the work being commenced but the process took over two months for the pennit to be issued. Jenson stated that an application for a building permit was submitted . Jenson commented that the entire second story of the residence is being replaced . Bittman stated they are replacing the second story due to the deteriorated state of the residence. Kluth commented that he does not want to encourage people to commence work on their residences without the appropriate building pennits, noting that sometimes the improvements are required to be tom down if the work is completed without the appropriate building permits. Lindquist stated that nonnally a building permit is obtained within two weeks . Bittman stated that a survey was required, which took two months to obtain . Weinberger stated the building inspector had given the approval for the work to continue due to concerns regarding the present damage to the house. Lindquist moved, Smith seconded, to recommend approval of Application #2517, 25 Brown Road South, to allow a front yard variance to add a second story to the existing home within the 50 foot setback to Brown Road South. VOTE: Ayes 5, Nays 0. PLANNING COMMISSION COMMENTS (#13) OTHER ISSUES FOR DISCUSSION Mayor Jabbour stated the Planning Commission and City Council needs some continuity regarding the issue of plastic underlayment and whether it should be considered as hardcover or legally non-conforming. Jabbour stated he has a concern that people are trading in non-confonning · structures or hardcover in an effort to make their properties more legally conforming and that perhaps the City Council and Planning Commission should take the view that the non-confonning structures or hardcover should be immediately removed . Kluth commented that it would be nice if the Planning Commission could be provided with copies of all previous variance requests on a property whenever a new application is submitted . Mayor Jabbour commented that perhaps the issue dealing with hardcover should be explained prior to the application reaching the Planning Commission. Smith suggested that the Applicants be given examples of what is allowed and not allowed for hardcover as part of their application, especially if the property owner is new to the application process. Page 11 CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 · . ($50 .00 per each additional variance) : . Renewal Variance Fee . $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Application# -2 ~ I 7 Date Received 7 /2 I ~ 1 Amount Paid 2 5 0 Site Address ,r 5 Brctu:i vt RJ ~ Property Identification Number (P.I.D.) Q 3, 117 13 ;)./ O?a I Attach legal description to application if not included on required survey. Date Pr~-~cquired __ -i-:\~"-'-------'i ..... 9-+-------------(month/year) I (do) ~ also own ,the adjacent parcels of land . Present use of property: £residential __ other (specify) _________ _ Zoning District: ____ ---,-f--------------------- APPLICANf--\ 5."}. '?.:,( fk.(A Name ~.,C.Q.tt ~ ~ ~tf ~q V) . Address : as: furo~\I\ ~ %n OWNER (if different than applicant) Name Phone(home) L{JS q l 'ic...{ Phone(work) ___ ---:=-=-----=---::-• _ .... -~~ City:___..Q___,_,......,a}f~k~" ___ · Zip 5'$ 1> ~ (., Phone (home) _______ _ ---------------Phone (work) _______ -4£>---, Address : ------------City : ________ Zip: ___ ---",_ DESCRIPTION OF RE(:!UE[ { Estimated ~ctiot o1 ~ ;.9i:003;J£ Desch e request m detail: e p Q. c-e C,,Ov1 la-O OVIJ\.O VARIANCES REQUIRED Lot Area ( attach additional sheets if necessary) Lot Width Hardcover . X Setback: _X Front Side Rear HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficultY. or unusual property conditions preventing compliance Wl( 0 th Zoning Code require lllents: Bouse IJJO ,s btd t+- ±o c oSQ. +o f CR'i..d . (attach additional sheets if necessary) 6 Application Deadline Wednesday at NOON on: December 16, 1998 January 20, 1999 February 17, 1999 March 17, 1999 April 21, 1999 May 19, 1999 June 23, 1999 July 21, 1999 August 18, 1999 September 22, 1999 October 20, 1999 December 22, 1999 CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 1999 APPLICATION DEADLINES Planning Commission: City Council: (regular) City Council Chambers Council Chambers 6:30 p.m. 7:00 p.m. Tuesday, January 19, 1999 February 8, 1999 Tuesday, February 16, March 8, 1999 .f"'J~-1999 Monday, March 15, 1999 April 12, 1999 [L'' Monday, April 19, 1999 May 10, 1999 I•:::·· Monday, May 17, 1999 • June 14, 1999 Monday, June 21, 1999 July 12, 1999 ., Monday, July 19, 1999 August 9, 1999 Monday, August 16, 1999 September 13, 1999 ... } Monday, Sept. 20, 1999 October 11, 1999 \,J§}\J2B Monday, October 18, 1999 November 8, 1999 ~ Monday, Nov. 15, 1999 December 13, 1999 No Meeting in December Tuesday, January 18, 2000 January 24, 2000 5 Telephone (612) 473-7357 • FAX 473--0510 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin _qounty Department of Finru_ice, A-603, Govt Ce?ter,. 348-3~7~} \ ~<LT . "51.~· S9 J 0 Certificate of Survey (signed by a hcensed'iurveyor) and mclude hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey ( existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital ·status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/ or consultant expenses incurred in review of this application, and certifies that the information supplied is tru · and c rrect to best f his/her knowledge. OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the prope . y by City staff, consultants, agents, Commission members, and Council members for purposes· of inv.esti ation and ve "Ji cation of this request. Owner's Signature. 1 . , /il.--'l~ __ __.____;_ _____ Date 7--(Cc-crq, Applicant must have< all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 Adjacent Property Owners' Acknowledgement Form I (we) _____________ of ___________ _ [print name( s)] [print address] have reviewed the plans for the proposed.improvement or. proposed use of the property located at __________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date ****************************************************************************** I (we) _____________ of ___________ _ [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use· of the property located at __________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. · 8 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the pe ' or license. 3. The information may be shared with other local, state or federal agencies to extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, som~ information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private on yourself 6. Your full name is required to process this application or permit. Sc o t:t _t:::-1Jrf±ut Q(l\_ First Middle /) Last as Drou111 0d S:o Addros l,J~ . 13'\'::>56 c~ -~ "') ,, City State Zip Phone e-{_r]°l(Y/f 9 Telephone (612) 473-7357 • FAX 473-0510 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; ( c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right; an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate . or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Addres.s: P.O. Box 66 Crystal Bay, MN 55323-0066 HARDCOVER ORDINANCE -In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Allowed Percentages: 0-75 0% 75-250' 25% 250-500' 30% 500-1000' 35% Hardcover includes: -Roofs -Sidewalks -Paved or gravel driveways -Patios & decks (includes slatted decks) -Tops of retaining walls & rock walls -Decorative landscape areas underlain by plastic sheeting or fabric -Any other surface that does not allow direct absorption of rainfall into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.£). 3. Add up an· the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! 11 Telephone (612) 473-7357 • FAX 473-0510 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X = S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A ..,.. B x_lOO % A B X 100 % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/D-eck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % 12 //Z.' I J.J(.. f-'.ll"/JC'TOKJ/<.A S.'l::J~U/JE 1E.FfNeb l<T a.EV. Cfz.''1.'t @ 1i ~';. .. (,® • ~ G) _..u I 1~· :. ..... 1-1' @ ;r:o' . ..,,..,,.,... 1,.11-E ~ f?...OAD '" < .. J5Z I HARllCOVEl CAI.CI.UTe)OJC KSIIEIT suucx ,_, Ccucu OIi£ 0-75' 75-250' 250-500' 500-JIJOO' fi:ISHN-Ci 11.Aaoc.ov,. UII la.£ ···•· llouu /0.,.. . x 3.Q.;-2, • / 5'Q s.,. © LfN'-TH WIDTH ----X ----_____ S.f. ----•---- ----•---- ----•---- c. Oaivuuy ____ x ___ _ ----•---- o. S10ouu: ____ x ___ _ ----·---- ____ .. ,. ____ s.r.· ____ .. ,. ____ s.,. ____ .. ,. ____ .. ,._ ____ .. ,. ____ s.,. B,, •• /G; -,--'·'·® -• 2-:8? •. ,. ® ,.wos,:.u,f .u:us t.aOUUIM /"✓ "? 0 I / l"lQ / / roA'I& •~~.......,,.,:__ o ,.,. :~st1c ----• ---- s.HiEUUac ----·---- ----·---- ,. Otttt:I ----·---- ____ .. ,. ____ .. ,. ____ .. ,. ____ .. ,. r., ... ~ ,.z-- To,..._ P~n-uu rx.ZOHE ·y-gi; ,.,. I!l 8-1 z..s-o •. ,. m : [!Sj250 xioo • .s-. 5 % I if'° SAMPLE HARDCOVER CALCULATIONS (Note: Use a survey for a base map) Area of 0-75' zone: 75' X 110' =18,250 S.f.1 Ar~a of· 75-250' zone: (112' + 152 I) X 100' 2 =113,200 s.f.j ---- l!AiDCO'll:R CALCUUTI0.1 l.'ORXS~ snucx ZOH£1 Ccrocu OH£) 0-75'~250-500' 500-1000' fxtsTIHG_ llAADCOV'U • •~.!~! •• llousr 3.0 x 30 L£kGTII WIDTH 'lo I -:,0 I• -f---'--<---X ,.::) ~ z • qoo .. ,. CD /50 ,.,.® • X •• GAA.&G( z,i.f X ,. DRIVtWAl' 2~ X I :S- a. S10EWALk .3, / X Bl E. b:i~o/ X f.L.utDSCAPI .UIUS • UHOUU.IN IY X ,usuc SH££f ING X 2.-'-/ 30 LS- 32-' lO' S.F. s.F. s.,. -57&? S.F. ® . . . la.CO ,.,.® 2-2-S: •. ,. © er~ ,.,.(]) ~o ,.,.© ____ s.,. ____ ,.,. ____ ,., . ____ ,.,. ____ . ____ ,.,. '\)~\V~t.UA'( LL/ X ~~-§bO ,.,.@ 1/0 •• OTHO X ____ ,.,. To,.._ lluccavu •• z.,., 3, I 67 ,.,., (il Tau~ l'lo.un Mu •~-z ... , 13, '2..QO ,.,. @ m 3.t'B, 7 m131200.1aa-2.!.{.I_% 13 ·1 I City of Orono, Minnesota SHORELAND OVERLAY DISTRICT Natural Environrnent (NE) Lakes lake Classen Dickey lake French lake lydiard lake lakl? Katrina Wolsfeld L.1kc (Medina) Recreational Development (RDJ Lakes long lake Mooney lake Tanager lake Hadley lake (Plymouth) General Devclop1111?nt (GO) lakes Forest lake lake Minnl?lonka QHWL 974.5' 905.5' 930.5' 970.9' OHWl 944.3' 900.0' 929.4' 961.4' OHWL 929.4' 929.4' Tributary Streams Painters Creek Stubbs Bay Creek long Lake Creek Wolsfeld Creek - Dickey lake Creek 14 LAKE MINNETONKA ) / / lbodl""f ---- ~I DISTRICT BOUNDARY l::;::;:::::::::::j BASIN WETLANDS _:::::::::::::::::. !i'=~~'iMt;! INCLUDED FLOODPLAINS VARIANCE APPLICATION LAND USE PLANNING (Keep these pages for your information) THE ZONING CODE is a set of regulations and performance standards aimed at guiding the orderly development and use of land within Orono consistent with the goals of our Comprehensive Plan. The attempt· is made to balance existing land use against ideal situations. The code is the law. A VARIANCE is the procedure established to modify the strict enforcement of the letter of the. law. A variance may be issued by the City Council upon finding that a unique situation exists, that strict enforcement would cause an undue hardship, and that the end result would be within the intent of the Comprehensive Plan. A HARDSHIP MUST BE DEMONSTRATED BY THE APPLICANT. The hardship must be unique to the land in question, or to a small area, it cannot be a common situation. The hardship must run with the land. Examples are steep slopes, lakes or wetlands, large trees, existing structure locations, and unusually shaped or sized properties without adjacent vacant land. A VARIAN CE CANNOT BE ISSUED to satisfy the aesthetic or economic desires of applicant; to simplify design or construction; to affect any building code requirements; to permit any land use not allowed within the zoning district; when the requested use can be located somewhere on the property without a variance; or if the result will in any way affecfY'tt, · . ~ the public health, safety or general welfare. - FffiST STEP. You are required to visit the Zoning Department and discuss your proposal. . You will be advised of specific code requirements and fee payments. PROCEDURES require filing a complete application with the Zoning Administrator 25 before the Planning Commission at their regularly scheduled meeting on the third Monday* Neighbors are notified and invited to attend the meeting to make relevant comments. The City f':t Council does ask that applicants have surrounding property owners execute arf'.!l::;;J-r acknowledgement form (copies attached to this application) providing written confirmation that each owner has been made aware of the application. Please note this acknowledgement form does not seek approval or disapproval of an application. The Planning Commission reviews your request, establishes facts, and makes a recommendation to the City Council. The Council will then review the recommendation and approve or deny the application. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. (*) See attached sheet for additional meetings and deadline dates. 1 The following information is required to complete the variance application: 1. All surveys shall be certified/signed by a Minnesota Registered Land Surveyor. Civil Engineers may certify topographic surveys. Survey information must include the following: a. Legal description · of property. b. Location of existing and proposed improvements (i.e. structure, driveways, retaining walls, decks, curb cuts, sidewalks). c. Permanent iron markers in place at each comer. d. The designated OHWL (Ordinary High Water Level) of the following lakes shall define shoreline: Natural Environment (NE) Lakes Lake Classen Dickey Lake French Lake North Basin: Sewage Lagoon: South Basin: Lydiard Lake Lake Katrina Wolsfeld Lake (Medina) Recreational Development (RD) Lakes Long Lake Mooney Lake Tanager Lake Hadley Lake (Plymouth) General Development (GD) Lakes Forest Lake Lake Minnetonka Tributary Streams Painters Creek Stubbs Bay Creek Long Lake Creek Wolsfeld Creek Dickey Lake Creek 2 OHWL 974.5' 985.5' 930.5' 934.3' 930.0' 970.9' OHWL 944.3' 988.0' 929.4' 961.4' OHWL 929.4' 929.4' OHWL Consult with Orono Staff e. Primary and alternate drainfield areas for unsewered, rural properties only. f Indicate all proposed buildings with dimensions of each building and reference dimensions measured perpendicular from the front, side and rear lot lines to the nearest point of each building. g. Location and elevation of any structure on adjacent properties within 30' of lot lines. For lakeshore lots the principal structure on each adjacent lot must be shown. h. Indicate all existing easements, drainageways and wetlands within the property and within 30' of the property. 1. For properties adjacent to lakes, ponds, streams or wetlands, indicate the established high water elevation (for lakes not addressed in Section D, refer to Orono staff). The lowest floor elevation shall be no less than one (1) foot above the regional flood elevation. For Lake Minnetonka, the lowest floo~~. elevation shall be no less than 932.5 feet. If tt 2. Hardcover calculations must accompany each application involving additional proposeii:?.c.s hardcover in the affected zoning districts. See the attached "Hardcover Worksheet". J Hardcover limitations will apply for all variance applications that involve propertiel/~:;t.:;;M1 located in Lakeshore Residential Zoning Districts Of shoreland areas of the City, refer to attached map. Hardcover, by definition, is any structure, blacktop, or other materiat,. (i.e. landscape areas with plastic or fabric underliner, gravel driveways, stone walkways,::, etc.) which interferes to any degree with the direct absorption of rainfall into thef ground. Please contact Zoning staff if applicant has any questions pertaining to hardcover classifications or whether property is located in shoreland area of City. 3. Sketches or plans of proposal showing floor plans and elevation views. 4. Septic system site evaluation report for proposed new residences within unsewered, rural areas. 5. Statement of hardships -fill in appropriate section of application and if additional space is needed, provide an addendum. 6. Any additional information applicant thinks appropriate, including written comments by close neighbors. Please refer to attached application form for further information regarding additional information/submittals required to complete filing of a variance application (see section entitled "Required Submittals"). 3 ADDITIONAL FEES. The Municipal Code of Orono provides that directly assignable consultant costs for review of applications . must be paid by the applicant. The application fee paid to the City is payment for City Staff time and overhead costs only. The applicant will be billed by the City for the City Engineer's time and expenses incurred in the review of engineering data and for the City Attorney's time and expenses incurred in the review of legal questions and documents. Other unusual charges may be applied for outside consulting services of appraisers, other engineers, and unusual technical reports after notification to the applicant that such services are considered necessary for proper review of the application. In making an application, the applicant shall agree to pay these costs as they occur. Applications are not considered complete until all charges are paid. Failure to complete payment may result in the withholding of permits or other authorizations and certification to the property taxes of any unpaid fees incurred. A VARIANCE IS NOT A BUILDING PERMIT. If your variance is approved, you have one year in which to apply for a building permit. See the inspector for any additional information which may be required at that time. Note that the permit can be issued only within the limits of approval: do not relocate or enlarge a building after approval or a new variance may be required. 4 Ill RUN DATE 07/16/99 BATCH 505 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 03-117-23 12 0004 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD P O BOX 77 LONG LAKE MN 55356 38 03~117-23 12 0009 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD , PO BOX 77 LONG LAKE MN 55356 38 03-117-23 21 0014 02010 COLIN DR NIVIN S MACMILLAN NIVIN SNYDER MACMILLAN 151 WESTWOOD LA WAYZATA MN 55391 38 34-118-23 34 0010 00015 BROWN RDS J M & BJ EISS JOHN M & BONNIE J EISS 15 BROWN RDS LONG LAKE MN 55356 72 34-118-23 43 0076 01995 KENNEDY LA DE & J A STEBBINS DAVID & JUDITH STEBBINS 1995 KENNEDY LA LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 03-117-23 12 0006 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD PO BOX 77 LONG LAKE MN 55356 38. 03-117-23 12 0010 00130 BROWN RDS WALTER RICHARD MCCARTHY JR WALTER RICHARD MCCARTHY JR C/0 FCI 332 MINNESOTA ST 12100 ST PAUL MN 55101 38 03-117-23 21 0018 00038 ADDRESS UNASSIGNED LLOYDS KELLEY LESTER SKELLEY 2135 COLIN DR LONG LAKE MN 55356 72 34-118-23 34 0030 00032 WESTWOOD DR ROBERT D HANCE ROBERT D HANCE 32 WESTWOOD DR LONG LAKE MN 55356 72 34-118-23 43 0082 00018 BROWN RDS JUDY L KEt.LETT JUDY L KELLETT 18 BROWN RDS LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 30 38 03-117-23 12 0007 00038 ADDRESS UNASSIGNED JOHN F DUNN ETAL JOHN F DUNN 20 S BROWN RD PO BOX 77 LONG LAKE MN 55356 38 03-117-23 21 0001 00025 BROWN .RDS S BITTMAN & L BITTMAN SCOTT & LISA BITTMAN 25 BROWN RDS LONG LAKE MN 55356 38 03-117-23 21 0024 02075 WATERTOWN RD A & L PETERSON ALAN B & LORRIE J PETERSON 2075 WATERTOWN RD LONG LAKE MN 55356 72 34-118-23 34 0031 00038 WESTWOOD DR T J & SE BOSWELL-HEALEY T J & SE BOSWELL-HEALEY 38 WESTWOOD DR LONG LAKE MN 55356 TOTAL BATCH sos 00014 Ill RUN DATE 07/16/99 BATCH .50.5 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI43.5401 PAGE 31 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MV KNOWLEDGE AND BELIEF. ~~ • DATE 1-/C/f9ey 71{.t·So~ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2517, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 5th day of August, 1999 . CITY of ORONO Date: August 5, 1999 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices VARIANCE Notice of Public Hearing File# 2517 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 150' of the property located at 25 Brown Road South. The property owner( s) have applied for one or more variances to the Zoning Code to permit construction of a second story addition to and existing residence. The Planning Commission will hold a public hearing on: August 16, 1999 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Kris Jenson at 249-4600. The proposed plans are available for review by appointment. Kris Jenson Assistant Zoning Administrator/Planner Telephone (612) 249-4600 • Fax (612) 249-4616 CI TY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 249-4600 Fax (612) 249-4616 '- NOTICE The Pl~nn ing Commissi on w i ll hold public hearings in the Council Chambers at 2780 Kelley Parkway on Manciay , August - 16, 1999, beg inning at 6 :30 p.m. on the matter of review in g the foll ow ing land use applications : 1 . #2506 Edward H. Hamm , 485 Orono Orchard Road South , requests a conditional use permit to permit continued use of two existing guest houses. 2 . #2507 John W e iland , 1966 Shadywood Road , requests side yard , lakeshore yard, rear yard and hardcover variances to construct a detached garage . 3 . #2508 James Erl er , 3448 North Shore Drive , requests a side yard setback variance to permit a second story addition to the ex isting residence . 4 . #2509 Andrew Ronningen , 3030 Casco Point Road, requests an average lakeshore setback variance to construct an addition to the existing res idence . 5. #2511 Douglas Whiteley , 60 Orono Orchard Road South , requests a conditional use permit to construct a detached garage on a throu gh lot. 6 . #2513 Connie• Pie pho, 540 North Arm Drive , requests variances to construct a swimmi ng poo l. 7 . #2515 Tom and Maureen Palm, 1685 Concordia St reet , request variances to excee d allowed hardcover on the lot to permit construction of a 30'X30 ' detached garage . 8 . #2516 Jeff Martineau , having an interest in property loca ted at 1420 Shorel ine Drive, re qu ests a variance from bluff-setback to permit new residential construction and varian ces from lakesh or e setback , hardcover in the 0 -7 5' lakeshore setback and average lakesh ore setback to permit an access ory structure to remain on the property absent a principa l residence . 9 . #2517 Scott and Lisa Bittman, 25 Brown Road South , request variances to permit a sec o nd story additi o n to the exis tin,g re si de nce. All person s wi shing to be heard are encouraged to attend this meeting . Wr itten comm ents are solicited . Plans are available in the City Offices . For an appo intment, please call 249-4600 . City of Oro no By: Planning Commission Paul We i nberger , Zoning Admnistrator /Pl anner (Published in The La ker and Pioneer July31 .1 999) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher · of the newspaper known as THE LAKE(=!, Mound, Minnesota, and has full knowledge of the facts which are stated below: A .) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended . B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks: It was first published Saturday the 31st day of July 19-9..9...., and was thereafter printed and published every Saturday, to and including Saturday, thc..e ___ day of __ ----=--~----+-1 g __ ; g~ent Subscribed and sworn to me on this By: ry Public (1) Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter : $12.90 . (3) Rate actually charged for above matter: $7 .19 per inch . Each additional successive week : $5.14, Applicant: Address: TRACKING SHEET FILE NO. 25/J Staff: µt5 ~ ~ Ufil ~l+imu1 · 2.£? f?tgp n · goad S)Ufh · Meeting with Staff: ________ _ ~ Date Application Completed: 1--/ Qj / 'J') -S-Incomplete Notice Sent: --'N__._/_A ____ _ @ Date Property Owners Notified: ~/-[il /qt7q Zip: · ffi'l£:b · 60Day: $3pt '2D /"JO]q . ~ Date Legal Notice Published: Wtu--~ ~ ,3/ )~tp/ PC Meeting(s): Vote: -8-D Vote: ----- Vote: ----- ~ Notice of PC Action: ~+ /1-1 /0°J°J D City Council Meeting(s): Auf{U4f-P,7:;::;, f1tf1 Vote: -----=- · Vote: ----- Vote: ----- D Resolution X:\APPS\WPWIN60\WPDOCS\CAROLE\FORMS\TRKNG.SHT