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CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Tom & Sheila Browne 760 Brown Rd S Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: June 27, 2005 ZONING FILE 05-3110 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 28, 2005 COPIES: VOTE: 5 FOR 0 AGAINST 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 Thursday 7:30-5:00 and Fridays, 7:30 to 11 :30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than June 27, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, June 27, 2005 7:00 o'clock p.m. 6. #05-3100 Lany a,u/ Slze1yl Palm, 1146 Wildhurst Trail, Continued -'1 Murphy moved, White seconded, to accept RESOLUTION NO. 5341 , A Resolution granting lot area and lot width variances, and a conditional use permit with the provision that the four conditions have been met and that screening plans for the retaining walls be subject to staff approval. VOTE: Ayes 4, Nays 1, Mayor Peterson dissenting. Mayor Peterson felt the design was too much house for the lot size. 7. #05 -3110 Thomas and Sheila Browne, 760 Brown Road South -Variance -Resolution No. 5342 White moved, McMillan seconded, adopting RESOLUTION NO. 5342, a Resolution approving the lake setback variance in order to construct a 2 nd story dormer and denying lake setback and hardcover variances in order to construct a garage addition. VOTE: Ayes 5, Nays 0. 8. #05-3111 Water Street Homes, LLC on behalf of Randall and Sara Hogan, 2260 Fox Street -. Conditional Use Permit and Variances -Resolution No. 5343 McMillan questioned whether the wetlari'd calculation was .included in the redesigned site plan. Gaffron pointed out that code does not state whether or not you use wetland for oversize accessory space calculations. He stated that the argument could be made that, if one considers wetland open space , one should get credit for it, but since the code is not specific and lot area typically does not include wetland in its overall calculations it is unclear depending how you look at wetland. Attorney Banett maintained that it had been detem1ined in a previous meeting that the driveway outlot was to be considered as part of the lot area . Gaffron concluded that if the out lot and wetland were added together, as determined in the previous meeting, the applicant wo uld be close to meeting accessory building size restrictions. McMillan suggested that item #5 in the Resolution be removed as it was redundant. Murphy stated that he found the premise of this proposal to be interesting and hoped to encourage other builders to be more creative like this applicant. \-Vhite moved, McMillan se co nd ed , adopting RESOLU'IION NO . 5343 , a revised Resolution granting variances and CUP for the proposed Oversized Accessory Structure, with the removal of paragraph 5 Oll1l page 3. VOTE: Ayes 5, Nays 0 . 9. #05 -3 114 Peter J . Bo y er on behalf of Sever and Sharon Peterson , 3145 North Shore Drive -V ariances -Resolution No . 5344 White moved, McMillan seconded, adopting RESOLUTION NO. 534 4, a Resolution approving lot width and average lakeshore setback varia nces, but denying the 75-250' hardcover variance in order to construct a new single family res idence at 3145 North Shore Drive. VOTE: Ayes 5, Nays 0 Page 9 of 12 JttM ~1 Cf)-~[tO 1111) M~ lb~ VVkl t.;-, 7<PO P,(4)wtJ J2-f) S. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces prior to the construction of the 2nd story dormer. AP l>Et> tAJJ/:i VA'ti?J 4. Required removals stone borders and excess driveway hardcover shall be completed by the foot ins ectio r the attached garage addition. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 27, 2006). 6. 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. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 2ih day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 Date Application Received: 04-20-05 Date Application Considered as Complete: 05-04-05 60-Day Review Period Expires: 07-04-05 Department Approvaf: • Name: Melanie Curtis ~ Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: 05-3110 -Tom & Sheila Browne -7 60 Brown Rd S -Variances Zoning District: Lot Area: Lot Width: List of Exhibits: RR-lB, One Family Rural Residential, 2-acres/200' 39,500 s.f. (0.9 acre) above the 929.4' 355.8' A. Resolution per Council Action B. Council Action Notice dated 06-20-05 Date: June 22, 2005 Item No. Agenda Section: Application Summary: At the June 13 th meeting the Council approved lake setback and hardcover variances for the dormer and a revised garage plan on a vote of 4 -0, directing staff to draft a resolution reflecting the approvals and required hardcover removals. Planning Commission Recommendation On May 16, 2005, Planning Commission voted 4-2 to recommend approval of the lake setback variance in order to construct a 2nd story dormer but recommended denial of the lake setback and hardcover variances in order to construct the garage addition. The dissenting Commissioners stated they would be in favor of a smaller garage addition with additional hardcover removals. Planning Staff Recommendation Adoption of the attached Resolution. COUNCIL ACTION REQUESTED Approve or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) and 78-1288 (A) & (B) FILE NO. 05-3110 WHEREAS, Thomas R. Browne and Sheila R. Browne, husband and wife (hereinafter "the applicants") are the owners of the property located at 760 Brown Road South within the City of Orono (hereinafter the "City") and legally described as follows: The South 396 feet of the West Half of the Southwest Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT the South 93 feet thereof, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(1) to allow construction of a 233 s.f. garage addition and a 2nd story bathroom window dormer within 100' of the OHWL of Tanager Lake where no structure is normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1288 (A) & (B) to allow hardcover within the 75'-250' zone at 2,794 s.f. or 18% and hardcover within the 0-75' zone at 5,129 s.f. or 21%. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 05-3110. 2. The property is located in the RR-lB One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended approval of the variance to Page 1 of 6 Municipal Zoning Code 178-1279(1) for construction of the 2nd story dormer within the required lake setback based on the following findings: a. The applicants' property contains 0.9 acre or 39,500 s.f. of property area above the 929.4' elevation (a total lot area of 196,700 s.f. or 4.5 acres including area below 929.4') and has a total width of 355.8'. b. There is no additional land available for acquisition by the applicants to make the property conforming. c. The applicants' entire home is within the required setback from Tanager Lake, and any expansion requires variances. d. The proposal will not have a negative impact on light, air or open space within the neighborhood. 4. The Planning Commission reviewed this application at a public hearing held on May 16, 2005 and recommended denial of variances to Municipal Zoning Code Sections 78-1279 and 78-1288 Subdivision A to allow construction of a garage addition within the 0-75' setback zone based on the following findings: a. The construction of the addition would have a negative impact on light, air or open space within the neighborhood. 5. The City Council reviewed this application at a public hearing held on June 13, 2005 and approved variances to Municipal Zoning Code Sections 178-1279(1) and 78-1288 (A) & (B) for construction of the 2nd story dormer and garage addition within the required lake setback based on the following findings: a. The proposed garage addition will be constructed over existing driveway hardcover. b. The dormer will be constructed within the existing footprint of the home and will meet the height requirement. c. The applicants have proposed hardcover removals within both 0-75' and 75'-250' zones. Page 2 of 6 6. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 7. 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. 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 Sections 78-1279(1) and 78-1288(A0 & (B) to allow hardcover at 18% or 2,794 s.f. within the 0-75' zone and hardcover at 21% or 5,129 s.f. within the 75'-250' zone in conjunction with construction of a 233 s.f. attached garage addition and 2nd story bathroom window dormer, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2,794 s.f. or 18%. Hardcover in the 75-250' zone shall be limited to 5,129 s.f. or 21 % per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Page 3 of 6 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces prior to the construction of the 2nd story dormer. 4. Required removals of excess driveway hardcover shall be completed by the footing inspection for the attached garage addition. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 27, 2006). 6. 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. 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 2?1h day of June, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this __ day of __ ~ 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this _ day of 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2005 by Thomas R. Browne, husband of Sheila R. Browne. ST ATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Sheila R. Browne, wife of Thomas R. Browne. Notary Public Page 6 of 6 \_ 1'-"~(/ '\ BLACKTOP \ ''\ DRIVEWAY ~ '\ ' '\ ' EXIST1G \ -~ ~~~tlcl ·"' ,: ~~~. . "' "' ~OUSE #7~0 \ STONE \ BOROERS DECK \ CONCRETE \ PATIO \ \ \ fXft111,11 A \ "''•· •.. \ \\ \ \ \ \ \ ~ .... •······•929.4 \ \ \ \tn \ \q \ ,~ \ \~~ BOLUlER ~ \rn \ \ \ \ \ \-> o-1is' ==-5,t2t/sf- £1V' 1-.J , 1" 1'5:_ ']Sc/::: 2-7 Cl L/ {N J$'je, \.,,, ....... 75' ·-FIRE RING SETBACK LINE \~ "' \~ EXISTING ,q i-........ . .................... ~~~!. ...................................... ~~HED~~ 121 I I I I I \ SURVEY··········-?\ LINE \ \ CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Tom & Sheila Browne 760 Brown Rd S Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: June 13, 2005 ZONING FILE 05-3110 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 20, 2005 COPIES: VOTE: 4 FOR 0 AGAINST Motion: To approve hardcover and lake setback variances in order to construct a garage addition and a 2nd story dormer. Please submit revised plans and hardcover calculations by Thursday, June 23 rd for the Resolution. Applicant's next meeting is scheduled as -Monday, June 27 th at 7:00 pm for Resolution approval. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. PUBLIC COMMENTS None MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June13,2005 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *4. #05-3102 KATHRYN ALEXANDER ON BEHALF OF J. SVEN GUSTAFSON, 920 BROWN ROAD SOUTH-VARIAN CE -RESOLUTION NO. 5329 Murphy moved, White seconded, to adopt RESOLUTION NO. 5329, a Resolution granting approval of lot area and lot width variances and approval of side setbacks of 20 feet on each side for the property located at 920 Brown Road South. VOTE: Ayes 4, Nays 0. *5. #05-3108 GARY AND LYNN CHRISTENSEN, 3560 IVY PLACE -VARIAN CE - RESOLUTION NO. 5330 Murphy moved, White seconded, to adopt RESOLUTION NO. 5330, a Resolution granting hardcover, side and lake setback variances for the property located at 3560 Ivy Place. VOTE: Ayes 4, Nays 0. *6. #05-3109 NAVARRE CONGREGATION OF JEHOVAH'S WITNESSES, 3655 TOGO ROAD -CONDITIONAL USE PERMIT AND VARIANCES -RESOLUTION NO. 5331 Murphy moved, White seconded, to adopt RESOLUTION NO. 5331, a Resolution granting a conditional use permit and hardcover and sign variances for the property located at 3655 Togo Road. VOTE: Ayes 4, Nays 0. 7. #05 -311 0 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH-VARIANCE Thomas Browne, Applicant, was present. Curtis stated the applicants' property is located on Tanager Lake, wh ich has been classified b y the DNR as a recreational development lake requiring a 100-foot structure setback. The applicants would like to construct a window dormer for added space and safety in an existing second story bathroom. In addition, the applicants would like to construct a small garage addition to the north of their attached garage. Curtis noted the entire home is located within the 100-foot structure setback and any building envelope expansion would require a lake setback variance. PAGE2 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June13,2005 7:00 o'clock p.m. (#05-3110 Thomas and Sheila Browne, Continued) The Planning Commission voted 4-2 to recommend approval of the lake setback variance in order to construct a second story dormer but recommended denial of the lake setback and hardcover variances in order to construct the garage addition. The dissenting Commissioners stated they would be in favor of a smaller garage addition with some additional hardcover removals. Curtis stated the applicant is proposing a smaller sized garage with some additional hardcover removals. Planning Staff recommends approval of the lake setback variance in order to construct the second floor dormer not extending outside the existing home footprint. Planning Staff, however, recommends denial of the lake setback and hardcover variances for the garage addition. Should the Council find that a hardship exists with respect to the revised garage addition, appropriate hardcover removals should be discussed. Browne addressed the Council concerning the rationale for requesting variances, noting that they are approved if there are health or safety issues, traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the area. Browne noted variances are recommended for approval where strict enforcement would cause undue hardship because of circumstances unique to the individual property. Browne indicated his property is unique. At the time it was purchased in 1977, it was considered marshland. Browne stated the house was approximately 1000 square feet and that the improvements he made to the house over the years complied with City's regulations and that he did not attempt to construct a multi-million dollar house on this lot. In 1992, the DNR changed the classification from marshland to a lake. Browne indicated in his opinion there is no useable lake area. Browne stated he would like to construct a garage addition over existing hardcover and that he is not requesting a major addition to his house. Browne noted the house is fully guttered, with the majority of the runoff being diverted to the road and/or the grass area before it enters the marshland. Browne stated in light of the other approvals that have been granted in the past by the Council, he should be given the right to add a stall to his garage. Murphy indicated he did visit this site and inquired what the total square footage would be with the garage addition. Curtis indicated the garage addition would not increase the hardcover on the lot and that the applicant with the revised proposal is requesting a 14' by 19' garage rather than an 18' by 20' garage. Cmiis noted the applicant is also proposing some additional hardcover removals on the north side. Murphy inquired what the rationale was for the two Planning Commission members for recommending the reduction in the size of the garage addition. Winkey stated the three primary issues were the potential massing, the encroachment on the lake, and the close proximity of one corner of the garage to the wetland. Winkey stated some of the planning commission members felt that a bigger reduction in hardcover would be appropriate if the garage addition were approved. PAGE3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,June13,2005 7:00 o'clock p.m. (#05-3110 Thomas and Sheila Browne, Continued) McMillan inquired why the garage is angled. Browne stated it is a design issue and that the lot does drop off down to the wetland. Gaffron noted the garage addition would add approximately 230 square feet of structure. McMillan inquired whether there is any issue with structural coverage on this lot. Gaffron indicated there is not. White concurred that the site is unique and that the applicant is not proposing a major addition. McMillan inquired whether there would be sufficient room to back a vehicle out. Browne stated there would be enough room. Murphy stated he does not see the need to remove the stones to help mitigate the hardcover. Browne stated the stones help to outline the edge of the dropoff. Browne indicated he does not have a full basement and that he would like to have the additional garage space for storage and in order to park an additional vehicle. Curtis stated in her opinion if the amount of structure in only the area above the 929.4' elevation is considered, it could be perceived as massing, but that if the entire lot is taken into consideration, there is not an issue with massing. McMillan inquired whether the applicant would like to retain the blacktop to the right of the garage. Browne stated he is planning to remove that blacktop. Murphy noted this addition is not visible to the neighbors or the road. Murphy moved, White seconded, to direct Staff to draft a resolution reflecting approval of the garage addition and dormer for the property located at 760 Brown Road South, subject to the additional hardcover removals proposed by the applicant, with the understanding the stones would be allowed to remain. VOTE: Ayes 4, Nays 0. 8. #05-3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2260 FOX STREET -CONDITIONAL USE PERMIT AND VARIANCES Rick Carlson, Water Street Homes, was present. PAGE4 Date Application Received: 04-20-05 Date Application Considered as Complete: 05-04-05 60-Day Review Period Expires: 07-04-05 Department Approval: Name: Melanie Curtis µv Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: 05-3110 -Tom & Sheila Browne -760 Brown Rd S Variances Date: May 31, 2005 Item No. Agenda Section: Zoning District: RR-lB, One Family Rural Residential, 2-acres/200' Lot Area: 39,500 s.f. (0.9 acre) above the 929.4' Lot Width: 355.8' List of Exhibits: A. Applicants' Revised Request B. PC Memo & Exhibits of May 11, 2005 C. PC Action Notice dated May 17, 2005 D. Draft PC Minutes -May 2005 Application Summary: The applicants' property is located on Tanager Lake. Tanager Lake is classified by the DNR as a Recreational Development Lake; within the Shoreland Management section of Orono's Zoning Code it is stipulated that a Recreational Development Lake requires a 100' structure setback for properties with on-site septic systems. The applicants would like to construct a window dormer for added space and safety in an existing 2nd story bathroom. As the entire home is located within the 100' structure setback, any building envelope expansion requires a lake setback variance. Additionally, the applicants would like to construct a small garage addition to the north of their attached garage. At the recommendation of two Planning Commission members the applicants have reduced the size of the proposed garage and proposed additional hardcover removals. Planning Commission Recommendation On May 16, 2005, Planning Commission voted 4 -2 to recommend approval of the lake setback variance in order to construct a 2nd story dormer but recommended denial of the lake setback and hardcover variances in order to construct the garage addition. The dissenting Commissioners stated they would be in favor of a smaller garage addition with additional hardcover removals. Planning Staff Recommendation Planning Staff recommends approval of the lake setback variance in order to construct the 2nd floor dormer not extending outside the existing home footprint, however recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Council find that a hardship exists with respect to the revised garage addition proposal (which has not been reviewed by the Planning Commission) appropriate hardcover removals should be discussed. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council's decision. \ "-BLACKTOP '"' DRIVEWAY '\. '\. "' i CONCRETE ~ PATIO & STONE BORDER ....... ~ ....... EXIST1G \ ~OUSE #7~0 \ EXISTING~ SHED ~ I........ . .................... 55.1 •••••••••••• •••••••••••••••••••• , 12.1 . .·.·:~~-:.\~·-·-,' STONE \ BOROERS DECK ROCK ON PLASTIC \ CONCRETE \ PATIO \ \ \,,, .•..... 7 5' j I I I I \ \ \ •. > \ . i 8cH1Brr A j \ F~ RING SETBACK LINE MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16, 2005 6:00 o'clock p.m. 6. #05-3110 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH, VARIAN CE, 8:51 P.M. -9:18 P.M. Sheila and Thomas Browne, Applicants, were present. Curtis stated this property is located on Tanager Lake, which is classified as a recreational development lake requiring a 100-foot structure setback. The applicants are requesting lake setback and hardcover variances in order to consh-uct a second floor dormer and an attached garage addition to the north of their attached garage. Curtis noted the entire residence is located within the 100 -foot structme and would require a lake setback variance. Planning Staff recommends approval of the lake setback variance in order to construct the second floor dormer, but recommends denial of the lake setback and hardcover variances for the garage addition. Curtis noted over half of the applicants' home is located within 75 feet of the ordinary high water level. However, should the Planning Commission find that a hardship exists with respect to the garage addition, appropriate hardcover removals should be discussed. Thomas Browne stated they purchased this property in 1977 with the understanding that there is approximately one acre ofbuildable land. Browne gave a brief history of the work undertaken on the house, noting that they took the original 980 square foot house and remodeled the house to bring the house up to code and make it livable. Browne stated their family grew over the years and they added on to the residence. Browne stated the approval in 1987 for the addition involved relocating the driveway from the south side of the house to the north side due to city and county safety concerns. Browne noted the Council at that time felt that the project was a great improvement to the property. Browne indicated hardcover was not an issue at that time. Browne stated in 1992 the government decided that wetlands would be considered part of Tanager Lake. Browne indicated three acres of his property was changed to a lake status even though the only open water is located at the farthest point from the house. Browne stated a fourth variance in 1993 was approved based on the amount ofbuildable space available. The City Council at that time found that conditions existed on the property that made this lot unique compared to other properties located in the same zoning distTict. Browne pointed out the existing hardcover was in existence in 1993 . Browne stated the garage would be constrncted over existing hardcover and the small changes being proposed will have no major effect on the character of the property. Browne stated one garage stall would not constitute massing on the lot and would not have a major impact on the neighborhood. Browne stated they experienced a greater hardship following the change of the wetland definition in 1993. PAGE 19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16, 2005 6:00 o'clock p.m. (#05-3110 Thomas and Sheila Browne, Continued) There were no public conunents regarding this application. Ralm inquired why additional structure was not allowed in 1993. Browne stated at that point in time they were applying for a three-season porch over the existing deck and that there was some discussion concerning a pool. Browne stated because of a concern regarding the need for additional hardcover to construct a shed to house the pump and other items, they abandoned their request for a pool. Jurgens inquired whether a hardcover variance has ever been granted in any of the past applications. Curtis stated the 1993 resolution calculates the hardcover at 14.5 percent but that it is not clear what was used to calculate that number. Gaffron stated he would need to review the file and is not able at this time to detem1ine what constituted the 14.5 percent hardcover. Browne stated a survey was conducted back in 1993, but that he is not aware whether it contains any hardcover calculations. Jurgens indicated he would like a better understanding of the hardcover on this lot. Fritzler inquired whether there was a pem1it issued for the patio. Browne stated the patio was removed to construct the existing garage. Browne noted in 1993 the amount ofbuildable land on his lot was determined to be .95 acres and today it is being detennined at .90. Bremer indicated she would be in favor of the dormer and that the issue appears to be the garage. Ralm indicated he also would be in favor of the do1111er and inquired whether the garage would be extending fmiher into the setback. Jurgens stated he also is not opposed to the dormer but would like clarification on the hardcover. Bremer noted strnctural coverage would be increasing. Browne stated the garage would be constructed over existing hardcover and that they would like to have more storage. Browne noted the basement is not a full basement. Curtis stated the Planning Report from 1993 states that the existing hardcover in the 0-75' zone was 17 .5 percent or 4540 square feet and within the 75'-250' existing was 1216 square feet or 7.8 percent. PAGE 20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16, 2005 6:00 o'clock p.m. (#05-3110 Thomas and Sheila Browne, Continued) Jurgens stated it appears that the hardcover has grown from the time of the original approvals. Jurgens indicated he would like to see some reductions in the hardcover, noting that the hardcover in the 0-75' zone is now 21 percent. Rahn noted the building pad is relatively small given the size of the lot. Rahn indicated he is inclined to follow Staffs recommendations. Rahn stated if the garage is constructed over existing driveway, there would be no increase in hardcover. Browne inquired whether rock is considered hardcover if there is no plastic underneath it. Gaffron stated typically gravel that is compacted is considered hardcover and that decorative rock with no plastic underneath is not considered hardcover. Browne inquired what amount of hardcover would need to be removed. Curtis pointed out credit is not given for removal of plastic. Browne indicated there is a row of rocks on top of the ground that helps outline the drop-off that has been depicted on the survey as hardcover. Curtis stated if the rocks serve as a wall or a border, it would be considered hardcover. Winkey stated the Pla1ming Commission typically looks for ways to reduce excessive hardcover on lots wherever possible and that if a variance is being requested, the amount of hardcover should be lowered. Winkey commented there appears to be some areas that could be reduced. Browne stated in his view he would not be able to reduce the hardcover down to the allowable limit. Winkey concurred that it is not possible to reduce the hardcover on this lot to the allowable limit but reiterated that some reduction in the hardcover is possible. Kempf inquired how wide a one-stall garage typically is. Rahn stated it is usually 12 to 14 feet. Kempf stated in his opinion the massing on the lot does need to be considered. Kempf noted the edge of the garage would be located on the edge of the cliff. Kempf indicated he is not opposed to the dormer but that there are some areas of hardcover that could be reduced. Kempf suggested the garage addition be reduced to 14 feet, which would help to reduce the massing. Bremer inquired whether the amount of blacktop could be reduced. PAGE21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, May 16, 2005 6:00 o'clock p.m. (#05-3110 Thomas and Sheila Browne, Continued) Browne indicated they are in need of the i11rnaround, noting they are unable to back out of their driveway onto the road due to safety concerns. Winkey noted a portion of the turnaround is located outside of the 0-75' zone. Curtis stated the driveway is difficult to maneuver. Jurgens concurred that the driveway is difficult to maneuver. Jurgens inquired whether the applicants would like to still proceed with the garage. Browne stated he would prefer to proceed forward with the dorn1er. Rahn commented the building pad is limited and that the addition of the garage might be too much for this lot. Jurgens moved, Rahn seconded, to recommend approval of the lake setback variance in order to construct a second floor dormer, but recommended denial of the lake setback and hardcover variances in order to construct a garage addition for the property located at 760 Brown Road South. VOTE: Ayes 4, Nays 2, Bremer and Kempf Opposed. Bremer stated she would be in favor of the garage addition if there were reductions in hardcover. 7. #05-3111 WATER STREET HOMES, LCC ON BEHALF OF RANDALL AND SARA HOGAN, 2260 FOX STREET, CONDITIONAL USE PERMIT AND VARIANCE, 9:18 P.M. -10:06 P.M. Rick Carlson, Water Street Homes, was present. Gaffron stated the applicants are requesting a variance for an accessory structure located nearer the front or street lot line than the principal residence siruc11ll'e and a variance to the allowed footprint area for an oversize accessory structure. Additionally, a conditional use permit is requested for plumbing in an accessory sttucture that includes a toilet. Gaffron indicated the oversize accessory stt·uci11re section of the zoning code does not specifically address whether the lot area for purposes of establishing the allowed footprint area of accessory buildings is to include or exclude wetlands. Therefore, based on the definition oflot area in the zoning code, wetland is excluded and the non-wetland area within the property, not including the separate outlot driveway conidor, is about 2. 7 acres, which would allow an accessory structure with a footprint of 1,200 square feet. If the total area of the lot and outlot including wetland is used, the lot at 4.985 acres would allow a 2,000 square foot footprint. PAGE 22 FILE#05-3110 11 May 2005 Page 1 of 5 Date Application Received: 04-20-05 Date Application Considered as Complete: 05-04-05 60-Day Review Period Expires: 07-04-05 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner 1 May 11, 2005 05-3110, Torn & Sheila Browne, 760 Brown Rd S Lakeshore Setback & Hardcover Variances Public Hearing Zoning District: RR-lB, One Family Rural Residential, 2-acres/200' 39,500 s.f. (0.9 acre) above the 929.4' Lot Area: Lot Width: 355.8' Application Summary: The apflicants are requesting lake setback and hardcover variances in order to construct a 2n floor dormer and an attached garage addition. Staff Recommendation: Planning Staff recommends approval of the lake setback variance in order to construct the 2nd floor dormer, but recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Planning Commission find that a hardship exists with respect to the garage addition appropriate hardcover removals should be discussed. Pertinent Zoning Ordinance Sections Sec. 78-420. Area, height, lot width and yard requirements. (a) Height. No structure or building in any RR-lB district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Rear Yard (acres) (feet) (feet) (feet) Street (feet) (feet) 2 200 50 30 50 50 Sec. 78-1217. Classification of public waters. The public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, part 6120.3300, and the protected waters inventory map for the county: (I) Natural Environment (NE) lakes Lake Classen Dickey Lake OHWL (feet) 974.5 985.5 Protected Waters Inventory I.D. # 162-P 161-W 1 FILE #05-3110 11 May 2005 Page 2 of 5 French Lake (South Basin 930.0 140-P only) Lydiard Lake 970.9 159-P Lake Katrina 154-P Wolsfeld Lake (Medina) 157-P ► (2) Recreational Development (RD) lakes Long Lake 944.3 160-P Mooney Lake 988.0 134-P ► Tanager Lake 929.4 141-P Hadley Lake (Plymouth) 961.4 109-P (3) General Development (GD) lakes Forest Lake 929.4 139-P Lake Minnetonka 929.4 133-P Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: ( 1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 ► RD 100 75 75 GD 75 75 75 Tributary 100 75 75 Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Floor Plans and Elevations E. Submitted Hardcover Calculations F. Aerial Photo & Overview Map G. Aerial Photo -Showing Topography H. Site Photographs I. Resolution No. 3314 J. Property Owners List K. Plat Map 2 Background FILE#05-3110 11 May 2005 Page 3 of 5 The applicants' property is located on Tanager Lake. Tanager Lake is classified by the Department of Natural Resources (DNR) as a Recreational Development Lake, within the Shoreland Management section of Orono's Zoning Code it is stipulated that a Recreational Development Lake requires a 100' structure setback for properties with on- site septic systems. The applicants would like to construct a window dormer for added space and safety in an existing 2nd story bathroom. As the entire home is located within the 100' structure setback, any building envelope expansion requires a lake setback variance. Additionally, the applicants would like to construct a small garage addition to the north of their attached garage. LOT ANALYSIS WORSHEET Lot Area/Width: RR-lB Lot Area Lot Width Required 87,120 s.f. (2.0 acre) 200' Actual 39,500 s.f. (0.9 acre) 355.8' Setbacks: RR-lB Required Existing Proposed Lake 100' 48' 43' (garage addition) Rear 30' 121' 110' North Side 30' 100' 84' South Side 10' 124' No change Structural Coverage: Total Lot Area Total Structural Coverage 39,500 s.f. (0.9 acre) Allowed: 5,925 s.f. (15%) Existing: 3,247 (8%) Proposed: 3,507 s.f. (8.8%) Hardcover Calculations: Hardcover Total Area Allowed Existing Proposed Total Site Zone in Zone Hardcover Hardcover Hardcover Hardcover 0-75 24,215 s.f. 0 s.f 5,220 s.f. * 5,220 s.f.* (0%) (21.5 %) (21.5%) 8,014 s.f.* 75 -250 15,285 s.f. 3,821 s.f. 2,794 s.f.* 2,794 s.f.* (52%) (25%) (18%) (18%) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance Over half of the applicants' home is located within 75' of the OHWL. A 928 s.f. concrete patio exists almost entirely within 75' of the OHWL, this patio is potentially a 3 FILE#0S-3110 11 May 2005 Page 4 of 5 remnant from a garage which was had been previously removed, additionally there is a 400 s.f. deck within this zone as well. Although the applicants' are requesting to construct a garage addition over existing blacktop hardcover, the property has excessive hardcover due to the limited dry buildable land area and the proximity to the OHWL of Tanager Lake as opposed to a non-lake wetland. Lake Setback Variance The Shoreland Management section of the Zoning Ordinance was adopted in 1992. This ordinance was adopted, and as a result Tanager Lake became classified as a Recreational Development Lake and subject to a 100' structure setback for those properties not served by municipal sewer. The home on this property was originally constructed at a time when the water body to the east was considered a wetland and not subject to lakeshore regulations. The property has only 0.9 acre of dry buildable land on the 4.5 acre parcel. The entire dry buildable portion of the applicants' lot is along Brown Road and is within the 100' required structural setback. Any expansion of the home requires a variance to the 100' required setback. The applicants would like to add a dormer on the south side of their home on the 2nd story. The dormer will not encroach further toward the lake than the existing home, nor will it extend outside the footprint of the home. The proposed garage addition will encroach closer to the lake than the home currently encroaches on the north side. Additionally, on the northern side of the home the entire flat yard area prior to the drop-off to the lake is paved driveway. This addition would be built over existing paved driveway. The applicants received variances in 1993 to allow enclosure of an upper level deck, and the addition of a screen porch over an existing deck. A 20'x26' deck/pool structure addition portion of this same application was denied. Resolution No. 3314 is attached as Exhibit I. Hardship Statement The applicants have completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that the property is unique in that the buildable area is located entirely within the 100' structure setback requiring variances for any changes/additions. Over half of the home exists within the 75' setback resulting in an excessive amount of hardcover with the 4 FILE #05-3110 11 May 2005 Page 5 of 5 0-75' zone. The proposed dormer does not appear to have any negative effects on the neighboring properties or on the lake, however the garage addition adds significantly to the massing of the home and seemingly "filling up" the buildable area of the lot. Issues for Consideration I. Will the garage addition have a negative impact with respect to the visual massing of the property? 2. Potential hardcover removals? 928 s.f. patio? 12'x14' shed? Excess driveway? Lakeside deck? Stone and wood borders? 3. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lake setback variance in order to construct the 2nd floor dormer not extending outside the existing home footprint, however recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Planning Commission find that a hardship exists with respect to the garage addition appropriate hardcover removals should be discussed. 5 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: Amount Paid : .--!P-{..JIL:....:~--- Staff: Fee: $600 ___:...:....:....:.. ______ _ Renewal: $300 _;_-----::-----------A ft er -the-fact: $1,200 Double Fee This application form must be completed in full. Ap~:fcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: SiteAddress: 7~o /if'OWN rcL lo , -WA y2A[J4 m w 5'5'J9J Property Identification Number (PIN): a J -117 -J.. 3 ,IJ ooo L/ ____ ____;.____;;.c....-----'--'------------- ( Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): J utvc:, □ Yes, I own the adjacent parcels . Present use of property: 3 Residential □ Other · -------------------Zoning District: APPLICANT INFORMATION: (Complete legal na;-'."'.es and marital status required for each int~rested party) Name: S'hei/4 ANL 7"1i.oM ~.f /J r ou.,11,e Phone (home): C/o ;_-'-17.J ~ 1 J_S 7 Phone (work): 95J.-5'2 S"-2.J..2., Address: 7fRa f1n or,,v,-,#n..t fo . WA '/2,A TA , m l'<" S-5 )'11 Email : ft~o~ttsb ~ A1Te,f1>1 0NeT,t:. US Fax: qs-2 -5"~t,-l/f .2..9 OWNER INFORMATION: (Complete legal names c:-id marital status required for each interested party) Name: fAe ,·/4 AnA,l TA.owt4 / IJroc-<;"'e Phone (home): 9n. --'i,J-9J..5"? Phone (work): 9,J. -5 .2,s-lu,1 Address: lto J),.~t...c..,,rv Jtr,).., J g_ WA ykf T~ M_, S.5' J<f f Email: __________________ Fax: 7,£J. -,51/t. -L(J-',l f DESCRIPTION OF REQUEST: cr.;:~~--- IJ;~>sz>'d~;) ~f-1] !;"l!j 1·.·· ~k~~ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. ~ Pre-Application Meeting Form, completed by a City Planner. jg Completed Application Form "" rl'"\mnlotorl l-l~rrl~hin nnr11mon+~+inn J:"nrm ~ '-"'.....,., ... ,..., . ._._...,.. ·-·--··· ----··~--·------··. -···· . . !Bl Certified Property Owners List -owners within 150' of the subject property, labels and plat map. :,v h i~ . 1 ist labels and map may be obtained from Hennepin County Department of Finance, f-/ld"Y r 'ftv.,i,X. ' th · · 11114,,,,.,.,#J Government Center, A-603 300 South 6 Street, Minneapolis, telephone 612-348-5910 ~ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. ~ Completed hardcover calculation worksheets (as provided within the variance packet). IE Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. r2J'.' Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge . The applicant recognizes that he/she is 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. Applicant's Signature: ~ /lt db--:--= ---::::::::: Date: Applicant's Signature: Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: ~ fJ~ _,, Date: Owner's Signature: _________________ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave someth ing out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): ._ · 1. 2. 3 . "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls ." Du1.; 7 o Se'ThAcfr: &e e J U ,4,t,·4 ,c.,,c1:-Pd/2.--124-y 'f,#j:c?Ac/c ( "The plight of the landowner is due to circumstances unique to his property not created by the landowner." I,.,J 19'1:J I A.e,, w et/11 ,vrL tAre q -l>I AIC"1 u l' } of Tl..,e 'I. °I Ac1te.! ~ ~~;v L<I AI c.l1cd ,.,,o,I_ IJ.., TJ...e 6-o v 1. l o A LA k e fJi,[c.c J y e r TJ..e. ONl't <1JO e,v v , wtt 1t;tt. ,., Loure.1 A T TJ..e F,v,r1t.e[T Po:IIJ r rlfd"'V The H o""fil (li1H Tete -v f11,rT o"f T~e '1. C, ff Cit.es). 1Ae ONI'? Ofe~ ~,ttte,e, ,"s TA.e c;ree ,t' -s~,. 11 f'Att,T q/ TA.e, f 0 Cl,lle./., /_ '9Ke "The variance, if granted, will not alter the essential character of the locality.",,.,"'A'e"" t,f,pr "-1. ()4 ,.~ Al I C 11N s 11c,uvTid,v is o ;v £x; r7 / j1 llflt1rLc.d1,d'4.. :t 7/.,e s ny.// Cf....AN5 et w .-JI MAv1.~ N o ~tti e'.1 f f e.c,,:f' 1o TJ..e C/,,M12vfe.< 4 . "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ,A.:s n,e©u.e .r1 1 i 5 ro tL A PJ'/icdat1rt,, To fi ,..(,9fh.e Qe77etf. 1o J:/:l'SV/V,f;re TZe c,,A_,.,._,cl! uf 1'>'1,1',l .,,.r we II AS To AAis t: w ,,.;Jorus o(f Th,~ ;::/oo,c. v-tflf.lje. :r llN'~e.l-FQ,t_ /I r;t1,..,."7 o-1' t, Id /-l1tv1:-/31"0/"e/(.. i1<>it,,tjc. -.I-JA;Ce ~ll,t,/t:;;v.5. t.J'l t r ':.J ~ Page 2 of 3 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person 's land is located ." 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 ." 1k /J l'Q/'~Y '-1 ,. [ 4. 'i 1/C (f. e / Oc,,,,r / s l.e.rru /-ed,. F 11 o m L A(: 1 F /IJ<J,-r& -4-/:sff /J y TJ..e "I J.'l .4' i.Ake O ll wl aJ we.It B I 1 /.,('.. 9. "The conditions do not apply generally to other land or structures in the oistrict in which said land is located." S ee 1r/Jo1.,4:- 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ye 5 . t /2.e ('oef / r b t-/ ,J 5 op e,v8./_ To ,qdot, The D o o,iA-,,,.. re {J-e7 The. ✓ Ce,-/;,., lie: Ar />IAKe. iT Jl#n_ e,//✓i,,.,/ 7,. d :rk ,rr />'Zolef C..A ~e,. i r °Nee"./e. 4 .S i' T 11,,qJ 11✓0 /-/,1 ✓uL-eovt✓2, A#ec,,T · h1v1 tt M ·t-1 IJ« q1t e S'i..e.,LJ w ,<Jot . . 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." .7 r..-·' Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable hardship or difficulty ." IV Hardship Statement Should you feel the hardship cannot fully be described in the above criteria , describe the unique hardship , practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): }l,.qv,'~ hou5 l T /A.e. A o uft;-/ ,J /? 7!1 L AAvG 4/wr17/' watt...~e~ w/'t'J.,_ 71.e C:r 1 To Ae~.:r Tl..e c,e;7e,;z ;4 n..e..,, (Av(:~ A:,,,,.,,(_ s 7:11 /Jc d ""A,U. 'I--CoNCel"'~t,/. h n. r J,.-e /lt ,t,zsl.: LIi,,/ l ?f ne. /)1A/2 d-('f tee,4 4/AJ c.4 19:"'te...l. To A M fre f/,4Tu-J wl,.,,·c.L /2_,4r,l ~ /}t.A i <nt.. /lk..tJ,t c-Z:: ON TA..t. L(.l t El[ /r WM FA c e,,l c.v/1),.., /VCw I-IA;e _,ls/,,,-,11 R e f 71?•·';.z,·o,.,,f :.t (,,((:-Tv M e ~"';je.... /Lio I' dv Jl..ou.1.J.. f"tt..ce.l. Q/l. I A i= r, · ,,.," ;4, 7M,:/l r i. G/.,A: ,+, 19-r 71'. :'A...e "'t..4v c· Olt.,Jq ,_-r. 'Z6.,,.11v /£ v df\,e.. rA,d,«., 'l~,t/Z,.,,,rvo~J' tiN./.. e ,1clt c,,i,e., -tV,q J' 8:/yt'"Vf/d ,4(!Ulu,,c r~e , M-,P r ttue ~e,v7;J: /he,T 0/t(J/Vo.J' C,µ.,;,{e,/,·~1: A ,r,,""-..vA.4:T .L.-"V-4J de,,~ ~e J'l',t,,~-1- f/ ,4~ /v'J l'Yl-1tJ~,i, /11-~l'l'e,,T /() Ay N e ,5L6t1/t.f', r,<,ehiA//f'i.., a,... 0/tOl'IJO . .;• 0 ff ·,.:.--,,i ~ . ~ >, •.• · 1 ~;>:~ Pj t1 ~1~ 'J -1.: ~ N 0 <( O' I..J) ~ <::;j--N >-0 t<' I-0 2 rn ::) 0 0 2 u 33.o Certificate of Survey for Thomas R. Browne. in H!~~ei~~ 4 giu;~i:i~~n~;~~~;iti,:~ 1,1,i,~ ~,is l1 ~~·:t1,,11 .. - i~1t ~~ !1t1~ \: ~ ilfa €. tl _±_ L l . \ f \,/',/ 1"' ..... r-• ,_ \ I I '\ • I '-, J_ -,'--..,I,'-..\• ...... ; -+-: o. 4-, ,...,, o: 0 '-9' .,,.... l Ci\' I{). ti 1 "'· -0 l O· .l,. -z' J N, \0G.G,O 55.4-7 ls:! ,;:: 0 ·- o: _OJ -_ __._=·_j --~-i~. r-,f (-.. j,. t",.) .. c• I~-..... " ; ~'.• I" -.. 1'. ,...-C,_ ~ l ~ '~; \ \~ "l Sovih \in€. of S.E 1/4-o~ Sed101-\ ;-\\l-Z.:i _J I hereby certify that this is a true and correct representation of a survey of the boundaries of the South 396 feet of the West half of the Southwest quarter of the Southeast quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT the South 93 feet thereof, and the location of all existing buildings thereon. It does not purport to show any other im- provements or encroachments. Date : 7-7-86 Scale: 111 = 100' o Iron marker COFFIN & GRONBERG, INC. ~?t'~< ~n4'.frfi(~o. 12755 Engineers & Land Surveyors Long Lake, Minnesota \ i N 89°12'45",E -····· 33 00······· _.... . ...... _,,.•" ...... -........... .. 33~ "- _i "' "' "' "' " " " ~1l'~ ~ ~lh \ ~00,, \ "-.__ (' \ "'"" "' -; ' "" ~'c. " ' ~7:,. "-' ,'\~ ~16 "\ ~ "" \ "" "-"-'\ \ , BLACKTOP " DRIVEWAY \ j '\\ \ \ \\e ... -·· 929.4 CONTOUR L \ -·· ............... U? ........ , ... --···· 33.00 /r·-.. : I ·-. : \ ··--... . .. .......... I I I I I I I I I I a, ~ CONCRETE r. r-: PATIO [~ 11.7 N ,,; ~ ~ STONE 'BORDER ~~ ~~ ~a I I I J i EXISTING]"! SHED 1i .......... ••••••••••••••••••• 55.1 ["'' IL.LI I ................. -· ................. J.,,, i .... I -····· --.... _ ,..--- I s s9•12· 45" w 106.60 .,.: en; -: \ STONE ' BORDERS ~ ~ 16.3 DECK ROCK ON PLASTIC \ CONCRETE \ PATIO \ \ \." ...... •75' I I I I I \ \ \ \ ······· .-·· ... \ \ \ \ \ tn \ \~ \ \~ \ \~ ~: \~ \ ' \ \ \ \ flRE RING SETBACK LINE \ \~ \t \~ SURVEY··········~ LINE \ 59.47 199.07 \ \ ... ) .. ................................. - \ \ \ ) I \ \ OS-137 33 --~ ~ ~ 0 lf.J. Q <t! 0 0::::: ~ z ,,; 0 r<") ~ 0 0::::: i::o ..._.,, 33 N 89°12' 45" E ,,•' 33.00···-.. 33: I I 1~ I I l. -----------_,;!, __ ----..... -- ,,·· 33.00 106.60 I s 59•12· 45" w 6 ,,; Ol ~ •• , 75• SETl:CK LINE \\ / SURVEY·····'1 LINE \ I \ --.. ,•· 59.47 199.07 al \? CERTIFICATE OF SURVEY FOR THOMAS R. BROWNE _i 24'- IN THE SE 1/4 OF SEC. 3-117-23 HENNEPIN COUNTY, MINNESOTA () .: __ :.-.. D \_ _i LEGAL DESCRIPTION OF PREMISES : The South 396.00 feet of the West Half of the Southwest Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, EXCEPT the South 93.00 feet thereof. o : denotes iron marker ~I C C. 33 )·· :EST LOIE Of .... :_'.~;:• \:., y, J~U\~4L~~ re 1/4 : ·--sw 1/4 OF SE 1/4 '1 ,' OF SEC. 3-117-23 Vj_ OF SEC. 3-117-23 \:/ ,• : _____________ j__ _________ p ______ --- SOUTH 1/4 COR OF SEC 3-117-23•". Bearings shown are based upon on assumed datum. This survey shows the boundaries of the above described property, the location of on existing house and shed, the location of all visible "hardcover'', and the proposed location of a proposed goroge thereon. It does not purport to show any other imporvements or encroachments. _i _i I I 1-u w -:> 0 O::'.: a.. " )Jew Roof • AsphA II RoofiN;) • I):// Felt · r1teATh,tvJ -fcE Sli.i-e(l . .)_ X f 0-'L-;;_ X / 0 RA p 10 le s I & E/ 0. C . JV),q 1c"--.£ XiSlirv5 Roof · lJ e;v1,·rvc_; • G-u77t'IG • F'f}SCiA New Dor'L h1E;J?. /ne7A / flA JleyJ OFF Don.Jn.ell. )/ I; . / I/ _ I n J:x 11 .......< Jo ~\_. rj-.f A e/ le /3"' a UJ rte,, 7 00 So. Bro ev,v ,,P.j__ '9S2-473-9157 3/:;_1 Jo{' .I i : I n:;, ~ 1o le Wtil/ ,Exis-T·/l/0 --·---·· ........ C. , I --..... -5AacJ'-e,,r-{ ' ---Q L (A, b -l~ew "" ' ~ ' -(:' V) ' (l) .,...... () ~ Cl ~ c ~ < ( f-J X -t ~ X ~ ' "") ~ ~ ? "":> ~ ~ ::i:. -...... f: ~-"-I < ~ ~ C ,. E " (1 '- ' ~ ~ l~ I l tu ' q;-,- .... ' ~ c>< c:::, <:) :::v G) (\) \ ' ;o (b u -;::;:, 'i;--(l) p <'I 'S) <.u 'ti 0v ~ ~b" ?C: t" ~ ~ ("> ;:--1-J "' l,,j "' ~ ~ ( Q V\ ..._. r~-v,d 7 I) -.,;;/ f IS_; X -1 -; / tt/YJ I-, X "fl 'fl ,ti ,.1 l'[J !f ;f! ( ~l;·I·t· ,,!1 1 ,,1! HI ~;J ,<. j Root -P, ou;d e AITi C Uel\J1ilA1:ocJ 1:='6µ~/ To I /150'"-- AUi c A Rea -- +- hf:'.: 'f" S k1 l,<:f ilr: o WI\ e I 6 0 fo. d3ro Ww [?,)_ 9S'J..-4?1-9J. ~7 \I /t _ I 11 -I o '" fI \,. w -:x ¼ I/ / II {:: /-0 ) b / Car- <g I OOY'- 1X , S/ I I wj Se A I Y~ XI g A111 c;,rA.o/ 0 ✓oc B/4ciC 7op X(t? WA-II -Jorn,+ SAe1-/a..,, f3coc~Jt1e c;s:; -'-17s-9 J:S 2 Foua,da T, oN i Ca 11. AJ; e ,Flo o le, P lf-2 /ti Y. // - ;;i___ I I 1, 0 l I ,:;:_ ft c. ...... ~t . . Tarrv +-Slea· IA !JV (')UJJ~f.. ]60 jo fJrowrJ u. Co,vCre7e ft !'Ori./' J f. .. Ex.,s7/,'Vj {;-A /l A:;<- 0 oaf(, -r;.}OMAS Bf<OlNNE lN 5£ 1/'J, 5£L "3-1(7-lj '1-1?-05 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length X X X X X X X X X X X X X X X Width __ 1_7-'----2-'-~---s.F.-Hovsf' ______ S.F. ______ S.F. _ ___,\-=0-"5"----S.F. -Pt.lt<C.."4 ______ S.F. 3 B s.F.-C.OAIC.. NE"xT __ :::...=___ 1"0 0\SCl'- __ _,I ____ S.F.-5,i;c,:>,Ow6,. <;T()N'1 __ 7_,_,,B,e:._C't...,__ __ S.F.-C.ONC, .(,,(\ 1 It) __ '+o...:0--=0'----S.F ... J;)f"C-1<'. ! Si!E'P! _ ___,,'o"-?.=~--S.F. -~E coe. HS£ -----=---S.F. . ---=7:...:::z.=-q_,__ __ · S. F. ..... N ~ E o F- CONC .. y}'.fi'{Q c?( S.F.-STONE ----'-'---S01~Cfi::!2:f TOTAL HARDCOVER fN ZONE 5 S-~ I S.F. A TOTAL PROPERTY AREA fN ZONE-NOT INCLVDIN~ ROAL) R'.lf;.Ni~OfA4AY ~ 24-'2..1 > S.F. B A _____ + B _____ x 100 = 1..?..,94-% PROPOSED HARDCOVER IN ZONE. A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck . , F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X ·X X X X X X X X X TOTAL HARDCOVER fNZONE TOTAL PROPERTY AREA fN ZONE A ______ B Width X 100 = ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _____ S.F.·· ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ··· A ______ S.F. B ______ % lN 5£V4r 1-1(7-. HARDCOVER CALCULA'IJ9li~ORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE A House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Length 14 ..;-· X X X X X X X X X X ·x X X X Width t "2, I l'Z..I = = = 500-1000' __ l_l_9_'-±~-S.F. -HtJ(JSf -~l:7~S_-__ S.F.-SHED ______ S.F. . r;o S.F.-PoRc 14 <r ST!:'.t ---=-=--- S.F. ------ 13LAC1ol!•Ojt\ __ s_-_lf-_7 ___ S.F.-;;.1<1 VISW.4 r S.F. ------ COll.1C, oFf-of, ---'-17--=-----S.F.-P«~M 5Tf.P$ 4'17 S.F. -r;:o,vC., /.»Al../' --~~--1c. PA'T'IO s QUA(l.£ ---'-l---'4'--"b'-----S.F.-.PA 'f( 0 ______ s.F.· TOTAL HARDCOVER IN ZONE 3 b,5B S.F. A S.F. B % TOTAL PROPERTY AREA IN ZONE-NOT /HCL.t!Olt-16 l~OA-D r,IGiHT-OF-w,;y';:. \ s, 2. BS- A ______ B _____ x 100 = 23.'93 PROPOSED HARDCOVER IN ZONE. A House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X -x X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ B Width X [00 S.F. S.F. S.F. S.F. S.F. S.F. ST. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B Exhibit F 760 Brown Road South N txfi,t2,1, I CITY of ORONO RESOLUTION OF THE CITY COUNCIL No.8 t?, :n_ ,,? A RESOLUTION GRANTING . VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.56, SUBDIVISION 16 (C-1) AND (L-1) FILE NO. 1842 WHEREAS, Thomas R. Browne and Sheila R. Browne (hereinafter "the applicants") are owners of the property located at 760 South Brown Road within the City of Orono and legally described as follows: The south 396 feet of the west half of the southwest quarter of the southeast quarter of Section 3, Township 117 North, Range 23 West of the fifth principal meridian, except the south 93 feet thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (C-1) and (L-1) to permit the·enclosure of an 8½' x 7' upper level deck located 56' from Tanager Lake where a 100' setback is required and where the structure already exists at 56', screen porch addition proposed at a 43' setback where a 100' setback is required and where a structure exists at 48', a deck addition attached to proposed screen porch to be placed 55' instead of 100' as required and where the existing deck exists at 55' and a 20' x 26' pool/deck structure to be located 59' from lake instead of the required 100'. Hardcover variances are proposed within the 0-75' setback area at 5,239.9 s.f. or 20. 2 % where 17. 5 % exists and where none is allowed NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1842. 2. The property is located in the RR-lB Rural Residential Zoning District requiring two acres of dry buildable area. The property consists of a total of 4. 9 acres and has 41,315 s.f. or .95 acres of contiguous dry buildable area. Page 1 of 5 · Form5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL © to,:; NO. 0~~~ c:}1 3. The Orono Planning Commission reviewed this application on July 19, 1993 and recommended approval of the proposed variances as amended based upon the following findings: A. The 4.9 acre parcel has approximately one acre of contiguous dry buildable area . B. Shoreland Regulations now require 100' setback for all structures from the Recreational Development lake that encroaches the property placing severe restrictions on the building envelope and making existing structures non- conforming. C. The existing septic system has been found to meet the 3' separation required by new Shoreland Regulations and septic code. D. The majority of the dry buildable area, approximately two-thirds of the dry buildable envelope is located within the 0-75' setback area where no hardcover or structural improvements are allowed. E. Structural setbacks for the newly classified shoreland property make it unbuildable for new development. F. Proposed structural improvements are at 2,562.6 s. f. or 6. 2 % , well under the allowed 15 % structural coverage. G. Total hardcover based on the dry buildable portion of the 4.9 acre parcel is proposed at 5,998.8 s.f. or 14.5%. 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 variances 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 Form5005 Disk Orono CITY of ORONO 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C-1) and (L- 1) approving an enclosure of an 8 ½' x 7' upper level deck, installation of a 19 ½' x 16' screen porch over an existing deck and a connecting deck addition of 250 s.f. and denies variances for a 20' x 26' deck/pool structure, 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 9, 1994). 2. 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. 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. Page 3 of 5 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL {:°5) ;,,:·-... -::-. . ... NO. r0:-,~ ·. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of August, 1993. ') '7 _/ .,( (,/'7\✓>r?r::>2,,(}> L<:.,, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of August, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, 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 4 of 5 · Form 5005 Disk Orono CITY of ORONO RESOLlITION OF THE CITY COUNCIL r. NO. ~"-----'----'--"--- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) • 0~ 1 n On this 7 .... day of /( u. ql,I s+ , 199 ::J before me a Notary Public within and for said county, personally appeared 1/,01111, s /2.. f}rtw.-,e tvAd. She :k_ f_, h cow n -e , ,,,, a r r': e d 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 . .,--..--~----, LINDA. S. VEE i NOTAt-W PUBLIC -MINNESOTA HE.NNEP!i\l COUNTY • , My commission eJ,pires 8-12-96 i 1_,e,,-~•',-£$"&~~-~~~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOT ARY PUBLIC 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 5 of 5 F0rm5005 Disk Orono RESOLUTION STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the for e·g o in g copy of c1 res o 1 u ti on of the City Co u n c i 1 of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August q , 19 93 and that the same is a true and correct copy of sai~ resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 13th , day of ___ .,..._.September , 19_9~3.,_ __ allin, City Clerk (SEAL) RUN DATE: 4/26/2005 38 031172334000 I PROP ADDR 775 BROWN RDS OWNER NAME CK PETERSON & J M PETERSON TAX.PA YER CHARLES K PETERSON NAME/ADDR 775 BROWN RDS WAYZATAMN 55391 38 0311723430001 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME SUAD H AZHARJ TAXPAYER SUADHAZHARI NAME/ADDR 1745 FOX ST WAYZATAMN 55391 38 0311723430005 PROP ADDR 800 BROWN RD S OWNER NAME SM MILLER/LC VICKERMAN Ill TAXPAYER LISLE CLIFFORD VICKERMAN Ill NAME/ADDR SHEILA M MILLER 800 BROWN RD S WAYZATAMN 55391 ·1 ~ i HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0311723340017 PROP ADDR 2000 WEBBER HILLS RD OWNER NAME WILLIAM T & MARY M OMEARA TAXPAYER WILLIAM T & MARY M OMEARA NAME/ADDR 2000 WEBBER HILLS RD WAYZATA MN 55391 38 031 I 723430003 PROP ADDR 680 BROWN RD S OWNER NAME M J OTT & S BOTT TAXPAYER MICHAELJ OTT NAME/ADDR 680 BROWN RDS WAYZATA MN 55391 38 1011 723 120001 PROP ADDR 860 BROWN RD S OWNER NAME DA YID M SKEIE & WIFE TAXPAYER NAME/ADDR DA YID M SKEIE 860 BROWN ROAD SOUTH WAYZATAMN 55391 38 0311723340029 PROP ADDR 2015 WEBBER HlLLS RD OWNER NAME RICHARD W PULA ETAL TAXPAYER RICHARD W PULA NAME/ADDR 2015 WEBBER HILLS ROAD WAYZATAMN 55391 38 0311723430004 PROP ADDR 760 BROWN RD S OWNER NAME TR BROWNE & S R BROWNE TAXPAYER THOMAS R BROWNE NAME/ADDR 760 SO BROWN ROAD WAYZATAMN 55391 38 1011723210008 PROP ADDR 825 BROWN RD S OWNER NAME MARTIN P/BRIDGETT P PARADISE TAX.PA YER MARTlN P/BRIDGETT P PARADISE NAME/ADDR 825 BROWN RDS WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAXP AIBR Wt/l DEPAR1MEJ)>'r.lP ™ ~ES] OF MY KNOWLEDGE AND BELIEF. . % Cb DATE BY \: 1 ,, v . y '--5:c< -r :::,.___.,, PAGE: 1 ,~!?''.:[:ti -,u,11 S89"49'58W 3 4) I, ,t ~ c ~.i ~ OLD (12) 271.67 (1) 200 2 120.69 ;I I I~ ~ ! g -+-- i i \ ~ ~ 1 (18) ·~·.: 17.04 " 4 (2 1) 376.62 3 (20) ~ d y 341.ats I~ 000.30 2 (19) fi,~~~ re ~ii "~ 44.87 ,,. ,,.."' t <I>. "'" & ~1.,,-, .. Neo•41•50•w 11s..Os 220.34 10 (27) ,£$ CARRIAGE (BJ ~~ 303.38 1-111 I TT\ 7'- I 321.05 108.30 11 (28) (1) .,, I re ~ 7 (1 4) 107.80 p 8 (15) • (16) HILLS ,., .. " (29) 228.3 31 .37·~· ~ ~ ~ ~ ~ ~I I I ~ ~ 10-117-23-21 I ~11 1 237.02 1 03-117-23-43 ~ ~ ~ 1 10-117-23-12 400 • (2) (2) ~8)' (3) 40RODS (4) (5) I ~ ~ <o "t-Q 0c ~ ;;s ~r c;;,~~,/4- ~ (1) (3) (4) 212.9 404.J! (1) <o ~ I ff"~ ,~ --~.,..,,,..,l'!J , ~,~-~~c!!':.)jj1 ~,~.;I&,~-11 C'J ~ LA ,,,,.-,,,,-- 1/ ,/ / / / CITY OF ORONO ZONING FILE 05-3110 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 952.249.4600 DATE OF NOTICE: May 17, 2005 TO: Tom & Sheila Browne COPIES: 7 60 Brown Rd S Wayzata, MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: May 16, 2005 Planning Commission recommended as follows: 1. Approval of the lake setback variance in order to construct a 2nd story dormer; and 2. Denial of the lake setback and hardcover variances in order to construct an attached garage addition. VOTE: 4 FOR 2 AGAINST * The dissenting Commissioners stated that they would have also recommended approval of variances for a smaller attached garage addition. Applicant's next scheduled meeting is confirmed as: City Council -May 23, 2005 --Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. 6. #05-3110 THOMAS AND SHEILA BROWNE, 760 BROWN ROAD SOUTH, VARIANCE, 8:51 P.M. -9:18 P.M. Sheila and Thomas Browne, Applicants, were present. Curtis stated this property is located on Tanager Lake, which is classified as a recreational development lake requiring a 100-foot structure setback. The applicants are r~quest;ing fak.·.•.e.•.·· setback and hardcover , ,. ..... ._ . , .. ;,·,_.:.·,';'·;·· . variances in order to construct a second floor dormer angariattache<lgarage addition to the north of their attached garage. Curtis noted the entire residence is1qca.tep withh1the l80-f9ofstrlictureand•would require a lake setback variance. Planning Staff recommends approval of the lake setback variance .in order to construct the second floor dormer, but recommends denial of the lake setback.andfotrdcover variaricesJorthe garage addition. Curtis noted over half of the applicants' home is.lqcated \V,jthin7?feet of the ordinary high water level. ,_' ·.:·:.· .. :.:,;,/'.' :-'.:::'.: However, should the Planning Commission.find that a hardship exists .whh respect to the garage addition, appropriate hardcover removals shoulp be discussed, Thomas Browne stated they purchased.this property inl977 With the understanding that there is approximately one acre ofbuildable lan~i:, Browne gave a brief history of the work undertaken on the house, noting thattheytook the originaf980 square foot house and remodeled the house to bring the . . . . .. ,, house up to code aridmakeitHvable. Browne.stated their family grew over the years and they added on to the residence. Browne stated the approval in 1987 for the addition involved relocating the driveway from the south side of the house to the north side dueto cfry and county safety concerns. Browne noted the Council at that time felt that the project was a great improvement to the property. Browne indicated hardcover was not an issue at that time. Browne stated in 1992 the government decided that wetlands would be considered part of Tanager Lake. Browne indicated three acres of his property was changed to a lake status even though the only open water is located at the farthest point from the house. Browne stated a fourth variance in 1993 was approved based on the amount of buildable space available. The City Council at that time found that conditions existed on the property that made this lot unique compared to other properties located in the same zoning district. Browne pointed out the existing hardcover was in existence in 1993. Browne stated the garage would be constructed over existing hardcover and the small changes being proposedwill have no major effect on the character of the property. Browne stated one garage stall would not constitute fu.a.$sirig 01;1the lot and would nothavc,,a major :·,\::.".' ::.·-.···>/,;r\fi::: · :·;.· ·• .. ·.--.;\j·:_:.t: · ·_·. impact on the neighborhood. Browne stated they experienced~2gteater hardship folfowingthe change of the wetland definition in 1993. There were no public comments regarding this application. Rahn inquired why additional structure was not allowed in 199J. Browne stated at that point in time they weteapplying fora threc, .. seasonporch over the existing deck and that there was some discussion concern,ing a pool. Browne stat~ghecause of a concern regarding the need for additional hardcover to constructa shed to house the pulllp and other items, they abandoned their request for a pool. Jurgens inquitedwhethera hardcover variance has ever been granted in any of the past applications. Curtis stated the 1993 resolution calculates the hardcover at 14.5 percent but that it is not clear what was used to calculate that number. Gaffronstated he would need to review the file and is not able at this time to determine what constituted the 14.5 percent hardcover. Browne stated a survey was conducted back in 1993, but that he is not aware whether it contains any hardcover calculations. Jurgens indicated he would like a better understanding of the hardcover on this lot. Fritzler inquired whether there was a permit issued for the patio. Browne stated the patio was removed to construct the existing garage. Browne noted in 1993 the amount ofbuildable land on his lot was determined to be .95 acres and today it is being determined at .90. Bremer indicated she would be in favor of the dormer and that the issue appears to be the garage. Rahn indicated he also would be in favor of the dormer and inquired whether the garage would be extending further into the setback. Jurgens stated he also is not opposed to the dormer butwould like clarification on the hardcover. Bremer noted structural coverage would not be increasing. Browne stated the garage would be constructed over existing hardcover and that they would like to have more storage. Browne noted the basement is not a full basement Curtis stated the Planning Report from 1993 states thatthe yxisting hardcoyerjn the 0-7 5' zone was 1 7. 5 percent or 4540 square feet and within the 7?1~250'existirig\\'.ra~'l216 square feet or 7.8 percent. Jurgens stated it appears that the hardcover has grownfroi th 1e ;;re of the original approvals. Jurgens indicated he would like to see some reductions in thy hl:U'dcover, noting that the hardcover in the 0-75' zone is now 21 percent. Rahn noted the building pad is relatively small given the size of the lot. Rahn indicated he is inclined to follow Staffs recomrneridations. R.ahrtsJateq ifthe garage is constructed over existing driveway, there would be no increase tnhardcover. Brnwnejnquired whether rock is considered hardcover if there is no plastic underneath it. Gaffron stated typically gravel that is. compacted is considered hardcover and that decorative rock with no plastic underneath is not considered hardcover. Browne inquired whatamount ofhardcover would need to be removed. Curtis pointed out creditis not given for removal of plastic. Browne indicated there is a row of rocks on top of the ground that helps outline the drop-off that has been depicted on the survey as hardcover. Curtis stated if the rocks serve as a wall or a border, it would be considered hardcover. Winkey stated the Planning Commission typically looks for ways to reduce excessive hardcover on lots wherever possible and that if a variance is being requested, the amount of hardcover should be lowered. Winkey commented there appears to be some areas that could be reduced. Browne stated in his view he would not be able to reduce the hardcover down to the allowable limit. Winkey concurred that it is not possible to reduce the hardcover.on this lotto the allowable limit but . . reiterated that some reduction in the hardcover is possi!Jle. Kempf inquired how wide a one-stall garage typically}s/ Rahn stated it is usually 12 to 14 feet. Kempf stated in his opinion the massing on the lot does need to be considered. Kempf noted the edge of the garage would be located on the edge of the cliff.Kempf indicated he is notopposed to the dormer but that there are some areas of hardcover that could be reduced. Kempf suggested the garage addition be reduced to 14 feet, which would help to red11ce.the massing. Bremer inquired whether the amountofblacktop couldbe reduce& Browne indicated they are in need of the turnaround, n;tingtbeJare unable to back out of their driveway onto the road due to safety concerns. Winkey noted a portion of the turnaround is located outside of the 0-75' zone. Curtis stated the driveway isdifficult to maneuver. Jurgens concurred that the driveway is difficult to maneuver. Jurgens inquired whether the applicants would like to. still proceed with the garage. Browne stated he would prefer to proceed forward with the dormer. Rahn commented the building pad is limited and that the addition of the garage might be too much for this lot. Jurgens moved, Rahn seconded, to recommend approval of the lake setback variance in order to construct a second floor dormer, but recommended denial of the lake setback and hardcover variances in order to construct a garage addition for the property located at 760 Brown Road South. VOTE: Ayes 4, Nays 2, Bremer and Kempf Opposed. Bremer stated she would be in favor of the garage addition if there were reductions in hardcover. 05-3110 -Tom & Sheila Browne -760 Brown Rd S Zoning District: Lot Area: Lot Width: RR-1 B, One Family Rural Residential, 2-acres/200' 39,500 s.f. (0.9 acre) above the 929.4' 355.8' Application Summary: The applicants' property is located on Tanager Lake which is classified by the DNR as a Recreational Development Lake. The applicants would like to construct a window dormer in an existing 2 nd story bathroom. They would also like to construct a small garage addition to the north of their attached garage. Planning Commission voted 4 -2 to recommend approval of the lake setback variance in order to construct a 2nd story dormer but recommended denial of the lake setback and hardcover variances in order to construct the garage addition. The 2 dissenting Commissioners stated they would be in favor of a smaller garage addition with additional hardcover removals. At the recommendation of two Planning Commission members the applicants have reduced the size of the proposed garage and proposed additional hardcover removals. Staff Recommendation Planning Staff recommends approval of the lake setback variance in order to construct the 2 nd floor dormer not extending outside the existing home footprint, however recommends denial of the lake setback and hardcover variances for the garage addition. Should the Council find that a hardship exists with respect to the revised garage addition proposal appropriate hardcover removals should be discussed. The Council Action Requested this evening is to direct Staff to draft a Resolution reflecting Council's decision. I BLACKTOP DRIVEWAY "' ~ " '\ ~ " EXIST1G ;j 11.7 ~ Roa< ON PLASTIC \ ~OUSE #7~0 \ -~ "' "' "' \ \ "''•\ \ STONE \ BORDERS DECK \ CONCRETE \ PATIO \ \ ~-------75' I I I I I \ \\ \ \ \ \ ~----------929_4 co~~ \ \ \ \ \ ti) \_,. q \ \ \~ \ '6~ \rn \ BOULDER BORDER FIRE RING SETBACK LINE \ \ \ \ _,. <.O \~ \-" SURVEY---------~ LINE \ \ \ \ \ •,'.•.· •:,, i . I:. \. \. ~ \. 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Cb ~t t ~;~ ~# --,. a, -~ 1-~ l I "I I ' X ~ ~ t j l!ll) ~ I 1· . -~ . ~-~/ I ;rvrna([J du.LS ?J.?.4?"-'0') I ~======"""""=:,;;rna-;o,r,rv.'rri br'v.'.J.,S,11(3 , ~~ -"' _ . , \ --~· r?i-Yi?T--Uori(T?S -uy'0--Gv-.,wrs ~ '2 . '/17 r,I :.1../.1 X :l ':I >(t I _J · . II__ _: 'chl;/1/V/l Crvus.1 X.]" :::: 0 I -~ ==r==-=~ J J-: ~T~ J\q\ ~-,-------------------------'-!-rl,..----~-~ :i8ewi -sJ:iqio nv :lP!S J:iqlQ :i8eWJ • l:lf :ljUJ JJ . '. . JJ ·. ~ "'"~ ,~ \\ L SUIRVEY····· ---rt ltKJI:-----\--/ \ \ 106.60 59.47 ··-.. 6 JI s s9°12· 4s" w 199\07 .... - ~ - ;;11 ? 1 OERTIFI CI 'TH01f A~ . lrN1 Ji HE SE I hlErNiN EPI INI _i () ~I C C. ,, I 33 •. : r-. '/. •• WE:ST Lt€0F ···::• SW 1/40FSE 1/'4 "••SW1/40f"SE1/4 ~l ••oF SE:C.J-117-23 ---=·:·:_ __ ------Yl_ ---------p _·· ------l ... :::,-(... sour~1L>IE or -.... ,~-~sourn~11~. c=OR~ OF SEC J-111-2:,--· 05-1!l7 Tom & Sheila Browne 760 Brown Rd S 05-3110 The applicants' property is located on Tanager Lake which is classified~ ~ as a Recreational Development Lake, requiring a 100' structure setback. The applicants would like to construct a window dormer for added space and safety in an existing 2 nd story bathroom. As the entire home is located within the 100' structure setback, any building envelope expansion requires a lake setback variance. Additionally, the applicants would like to construct a small garage addition to the north of their attached garage. Lake setback variance and a hardcover variance within the 0-75' zone for 5,220 s.f. or 21.5% where 0% is normally allowed are required in order to construct a 2nd floor dormer and an attached garage addition. Staff Recommendation: Planning Staff recommends approval of the lake setback variance in order to construct the 2nd floor dormer, but recommends denial of the lake setback and hardcover variances for the garage addition. However, should the Planning Commission find that a hardship exists with respect to the garage addition appropriate hardcover removals should be discussed. DAT A PRIVACY ADVISORY 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 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 M.S. 13 .04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or pe_rmit. First Middle 7 ~o S'o. /J y1 OWN ~ Address lu ,-</ y "b4P9 City Signature ,. "\ --'•:_ . r:-., ··:·j .. ,.-...~:--_.r· Last AN' f"S-J<t1 State Zip • 'i.. ···-=• 'l S'l -l.t'J?-"7 J,5"' 7 Phone 1 ) 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. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono , MN 55356 Mailing Address: P.O. Box 66 Crystal Bay , MN 55323-0066 For Office Use Only : _ . City Planner: Mdat1 I~ aurn Meeting Date/Time: ~-..... /,"-?1/-'----='-W-"-~-=--~---------- Main : 952-249-4600 Fax : 952-249-4616 PC Date : /vld,lf Pf, What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 7{;; O 8 v-o WA/ R.,J_ S'o . Property Identification Number (PIN): o s -I I 7 -J..-3 '-I J o o o 'I Zoning District: _____ Size of Property: '/, o/ A c ,r e 5 DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback D Hardcover □ Lot Coverage □ Lot Area □ Lot Width ~ Other: O }ell) W/4 Exh7/rv!), ff.o af' i & <7n.clea,. 1<1 lfA./fe 11/s /cle H e ,p4.T o f Ce ,·/;"'J T<1 g,-' fi ~;!p/J"' ,·11.1 f.,dl B,411,_r•·t10M. TJ...i s W ouj,J.. CtetA T C A Al~w D ooh,..e,r, Lr;d/r q,t_ rt oof-, II fJdcl__ C-t1 t?-"'e To No11.,,r1t,s,ole wA.e,-e, /3IAd:,7r1f1 l:x.1sT.r tVow ~ 3/4 cl<h1M:,e Applicant's Initials: J7?(J HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: Ho'1,i(:: £,·h O N 'i. 9 A c-,raJ · lh /lSh . tf._e IV lt,t,.,(,C.r.11,N! 011;c.e,e,v f / Se A ,'(J,v /r O e Fx.,· 'fr,,,,.;re,Le,dvf!i't . /-Lou.st! H ,.,r-r e,,) 1 C-... rre't S'y rre,.._ Wi TA.. All w ,1 Te,e /tl,(,'1J<J ff r;J Tetce-.1 r/..,1," o,' I ran., r,·1,~,r · *Please note: Your variance application will NOT be accepted without a pre-application '""j meeting during which this form will be completed by City staff. ApplicantSignature:-rliw,,.~/e o~ -;~',"-,-/0 p >~1 Lt ~::," .,:, ,.·.-J r. J \:.:.:.. _1:;.y e;--.,...: ... :LA:'IC Date: e:. .... :; f'., ~ '-I , I ?-os ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) Li" rle,, ().·cte/L .NI-A /'--Of ffoo So , {}raW,,z.) R.cl [print name(s)] [print address] have revi n ed the plans for the proposed improvement or proposed use of the property located at 7/,z o /"QU/,v fl.,,{ .fa 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. Date Pro~~ ************************************************************************************************************* I (we) 57~A-1tw·e OTT [print name(s)] have reviewed the plans for the proposed improvement or proposed use of the property located at 7fe o /J ro cu tJ U { o 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 uires Council approval. 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 1 O days prior to the scheduled meeting date. ·, I • ' I CITY of ORONO April 28, 2005 Tom & Sheila Browne 7 60 Brown Rd S Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #05-3110 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 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 760 Brown Rd S. Below is a list of items the City of Orono is requesting to complete our review: ✓ Two (2) original certificates of survey, a scaled copy and a reduced copy, of an updated survey indicating the proposed garage footprint. ✓ Certified Property Owners List owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6 th Street, Minneapolis, telephone 612-348-5910. Application #05-3110 is incomplete. If you wish to proceed with your application please submit the items requested above by May 5, 2005 to remain on the May 16, 2005 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, City of Orono Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #05-3110, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of May, 2005. 1 /~-- Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Conm1ission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, May 16, 2005, beginning at 6:00 p .m. on the matter of reviewing the following land use applications: 1. 2. 3. 4. 5. 6. 7. 8. 9. #04-3068 #05-3097 #05-3098 #05-3100 #05-3102 #05-3104 #05-3108 #05-3109 #05-3110 Ian Petersen, 2690 Fox Street, RR-lB zoning district, requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres is normally required. Gronberg and Associates on behalf of Hashem Abukhadra, 17 45 Fox Street, RR - 1 B zoning district, requests preliminary plat approval in order to create six residential lots on one block including construction of a private roadway. City of Orono, proposed amendment of the Shoreland Management ordinances, adding language to Section 78-1285 establishing that the Shoreland of tiibutary streams as enumerated in Section 78-1217 shall be subject to the vegetation protection provisions of Section 78-1285 . Lairy and Sheryl Palm, 1146 Wildhurst Trail, LR-1B zoning district, request a lot area and lot width variance in order to construct a new residence on an existing lot 0.64 acres in area where 1.0 acre in area is nom1allyrequired and 65' in width where 140' is normally required . Kathryn Alexander on behalf of J. Sven Gustafson, 920 Brown Road South, RR - lB zoning district, requests lot area, width, and side yard setback variances to permit side yard setbacks of 15' when 30' is nonnally required in order to construct a new residence on an existing lot 0 .93 acres in area and 110' in width when 2.0 acres and 200' is nom1ally required. David and Renee Mack, 1978 Shadywood Road, LR-1 C zoning district, request a lake setback variance to permit a lake setback of 55' when 75' is normally required, a 0-75' hardcover variance to permit 27.9% hardcover where 0% is normally allowed and 30.6% cunently exists and a hardcover' variance for the 75 '-250' zone to permit 51.8% hardcover where 25% is normally allowed and 60 . 7% ctmently exists, in order to constrnct an attached garage with living space above including a second story above the existing first story home. Gary & Lynn Christensen, 3560 Ivy Place, LR -1 C zoning district, request hardcover variances for the 0-75' and 7 5 '-250' zones and a side yard setback variance to permit a side yard setback of2.5' when 10' is 1101111ally required and 2.5' currently exists for construction of attic trusses for an upward expansion of the existing detached garage . Navarre Congregation of Jehovah's Witnesses, 3655 Togo Road, LR-lC zoning district, requests a conditional use permit, a hardcover variance, and a sign variance in order to build a new meeting hall to replace the existing meeting hall in approximately the same location. Thomas & Sheila Browne, 760 Brown Road S, RR -lB zoning district, request a lake setback variance to permit constrnction of a garage addition and donner within a 100' required setback from Tanager Lake and a hardcover variance to permit 22, 8% 10. #05-3111 11. #05-3112 12. #05-3113 13. #05-3114 14. 05-3115 wit..,,1 0-7 5' zone when 0% is no1111ally required ... id 22. 8% currently exists. Water Street Homes, LLC on behalf of Randall & Sara Hogan, 2260 Fox Street, RR -lB zoning district, requests a conditional use permit for plumbing in an accessory building and a variance to permit an accessory building to be located nearer the street or front lot line than the existing principal structure. Loren & Stacey Schoenzeit, 4480 Forest Lake Landing, LR -lB zoning district, request a lot line re-arrangement involving the adjacent property at 1090 Wildhurst Trail; a front yard setback variance to permit a front yard setback of approximately 8' when 30' is normally required and 8' currently exists, hardcover variance to permit 26.31 % hardcover within the 75'-250' zone when 25% is normally allowed and 41 % currently exists and 60% within the 250'-500' zone when 30% is normally allowed and 55% currently exists, and a structural coverage variance to permit 18% when 15% is nonnally allowed all in order to construct additions to the existing residence footprint. Terry Sanders ofN atural Environments Corporation on behalf of De1mis & Amanda Walsh, 1354 Rest Point Circle, LR-lB zoning district, requests a conditional use pennit in order to conduct land alterations within 75' of the OHWL of Lake Minnetonka to replace the existing access to the lake. Peter J. Boyer on behalf of Sever and Sharon Peterson, 3145 North Shore Drive, LR -1B zoning district, requests a lot width variance, an average lakeshore setback variance, and 7 5 '-25 0' zone hardcover variance in order to construct a new residence on the existing lot and in approximately the same location as the existing residence. WJM Prope11ies, LLC, 2605 Wayzata Boulevard West, Industrial Distlict, requests a conditional use pemlit amendment to reconfigure the approved parking layout. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be subnlitted to the City of Orono by May 11, 2005 if possible. Plans are available for review in the City Offices and all interested persons are encouraged to contact the City for fmiher infonnation. For an appointment, please call (952) 249-4600. City of Orono _ By: Plam1ing Commission / ,,f' 1;?rl-Q 1° A-?~ / Michael P. Gaffron, Planning Director To be published in the Laker and Pioneer on April 30, 2005. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navan-e Post Office 2 RUN DATE: 4/'Jf,/2005 38 031172334000 I PROP ADDR 775 BROWN RDS OWNER NAME CK PETERSON & J M PETERSON TAXPAYER NAME/ADDR CHARLES K PETERSON 775 BROWN RD S WAYZATAMN 55391 38 03 I 172343000 I PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME SUAD H AZHARI TAXPAYER SUAD H AZHARI NAME/ADDR 1745 FOX ST WAYZATA MN 55391 38 0311723430005 PROP ADDR 800 BROWN RD S OWNER NAME SM MILLER/LC VICKERMAN Ill TAXPAYER LISLE CLIFFORD VICKERMAN Ill NAME/ADDR SHEILA M MILLER 800 BROWN RD S WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 0311723340017 38 0311723340029 PROP ADDR 2000 WEBBER HILLS RD PROPADDR 20.15 WEBBER HILLS RD OWNER NAME WILLIAM T & MARY M OMEARA OWNER NAME RICHARD W PULA ETAL TAXPAYER WILLIAM T & MARY M OMEARA TAXPAYER RICHARD W PULA NAME/ADDR 2000 WEBBER HILLS RD NAME/ADDR 2015 WEBBER HILLS ROAD WAYZATAMN 55391 WAYZATA MN 55391 38 0311723430003 38 0311723430004 PROPADDR 680 BROWN RD S PROPADDR 760 BROWN RD S OWNER NAME M J OTT & S BOTT OWNER NAME TR BROWNE & SR BROWNE TAXPAYER MICHAEL J OTT TAXPAYER THOMAS R BROWNE NAME/ADDR 680 BROWN RD S NAME/ADDR 760 SO BROWN ROAD WAYZATAMN 55391 WAYZATA MN 55391 38 1011723120001 38 1011723210008 PROPADDR 860 BROWN RD S PROPADDR 825 BROWN RD S OWNER NAME DA YID M SKEIE & WIFE OWNER NAME MARTIN P/BRIDGETT P PARADISE TAXPAYER DA YID M SKEIE TAXPAYER MARTIN P/BRIDGETT P PARADISE NAME/ADDR 860 BROWN ROAD SOUTH NAME/ADDR 825 BROWN RD S WAYZATAMN 55391 WAYZATA MN 55391 I CERTIFY TIIATTHE FACTS REPRESENTED ARE AN ACCURATE AND 1RUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXI' A YER ~."'(t DEPARTM. EN.·~· , o~l_B. ES. OF MY KNOWLEOOE AND BELIEF. ·· ·· 1 / tJ5 , ..,..-cc• . a,,// DATE lf,,tJ. · BY ( , ,, J-<_,#. / // l./ / ( __ j PAGE: I ,, '· it'EG AL' NOTICE _ . ¢JJY 9·€ ORONO ' -~elley,f;'prkway, P.O. Bpx ~6 O/ys'ial•8 ay, ·MN 55323 . PhoQ.e .(!1~) .. 2_49-46,00 .. f ax , (9 52)· 249,,. . ' 46).~., . , C:: 'NOTI C~ OF' f tJs i'.:1c: HE AR iN<i • ,_·. >-1. ·">'P~~l,'j/,!1 :•';-l~·.,, l,f;.~:-4 ;, ,;n'i,e,,:fJi';n]iin,11' 9<1!1)r,i,)i.~•i9~.-,".')ll ,,hold pU bllo 'hi!a rlngs ·"'ln 'th e~Oroh o'".Co unc ll Chamber~ ;:at . 27.80•). K"eHey 'f~tl<Way on '• .Mo nd ay;;M,a'Y,' JS/ 20·os ;. beglnnji:i,g •'at, 6t00 • p.l)l>o~ tH~ •ffl~~r;o'( ¥, ~l~,~iri!lt.l).~'·f~,~~-0~; "•·; ing laha ,OS~•app!loaM~•;~/ •!rt':};,; . ' . Oo/;-Is rio'/mally all OWed'(li '\d 30.6% cu r- rentl y, axlsls -and a ha'rd_cover.,~arlano ~Jor. the 75 '-250'•,zone to 'pe/mi! '51 :ao/~·,li'ari:1- ooi/er whfr<i\25"/,"ls ''noirriiilly lili'6Wed ariil -!>R;-~-•1,,J,lJ\t;~nt1y ,~f_is,ls,,)Ln;;o_~~qo ~o n--~!N91} an ~a.1!~9~~.i:f' .g!'rag~,-~l,\t:,;llylpg .-~pac e 2s :3t'/, t)afdcio.v~r-'wllfil n\th e . 75'-2 5,0' zone whe,j ',~5°/4 Is nq(pially ,aUowed 'ahd 4J ,;.-curreiitly exlsts·:and .:60% :Wlthlry'lhe 250 '.lS,OO ' )zil_a:e whep>;i3 0°/4· '(§ ,n·oim ally allc\w.ed ani),55•/, cu iren\ly exists, ,and ·· a strl)cUJca l'·'~coveiag~•-.Va[iarice1 •to .. ·pe rmit j a•&'.,i:l~~n J ?oJ;,;.s ·n'ci(,:n ~ll(\~Jidw~f ~1l,i9 _ . order,to ,co,~~1~~-t a~~IU!)ns,Jg_th.e ei<1 sll ng Affi davi t of Pub licatio n State of Minnesota, County of Hennepin. Eric Serrano , be ing duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound , Minnesota, and has full /knowledge of the facts which are stated below : 8.) The printed Public Hearing, Land Use Apps .. which is attached was cut from the columns of said newspaper, and was printed and published once each week for one successive week(s). It was first published Saturday the 30th day of April 2005 , and was thereafter printed and published every Satur9ay, to and including Saturday, of April 2005 ; Authorized Agent · Suscribed and sworn to me on this • 30 t h day of April 2005. . By:~• CA ~ Notary Public s , J , • ., , .. , e SUSAN A. FLOHRS NOTARY PUBUC-MINNESOTA MV COMMISSIO N EXPIRES 01-31·2010 Rate In for matio n (1) Lo west class ified rate paid by commercial users for comparable space: $15.50 per inch . (2) Maximum rate allow ed by law for above matter: $15.50 . ,.-., n -•-......... , ... 11 ,, ,..1,., ............ ,.., J,.. .. .-.h .... ,, .... --••-... tt-, n t:! --.. •--t... ·· .Ll:;GP,L NOTIC.E '1!:;ITY OFORON'o 2750 Kelley parkway, P,O. Box, 66 Crystal Bay, MN 55323 Phone (952) 24~·4600 Fax (952) 249-4616 i:,(: '"-''·""''/'' ,{'NOTICE:J iJ."-1~ .. y/::·./)::F,>'\:/_·_:-'.i\ft\ i•· ·:''', l. · ... :·,·;::,.\ :-·/ 11 '~'" ': -·. , . , The ~\~n~i~g.y6n,fo;ilsslon wilf hold pub\lo,hearings In the' ,, i;Qr<i110•~oµnc/t\:)~ari\b~]:,\,/il!t',:?,71)i1 Kelley ,Parkway on"Mbnday, : ! ,f\Jlay, 16:,29Q.$/begIQniHQi!!-f;6;00,p.,ni.'bn the,01a)t9:~,.~f.r8:viewing the follq)l'.!(\Q '~r.d g~~.app!IC1;!,tl99s: · · · · #o;;Jo&§1:,l~b;plt~r~eM 2690lox, Stteet,·RR ~ 1 Bicmlng district, teqttests;a;fotare~ .varl.9:nce· rn order• t~ :bgHtl 8:•·~ewresl- dence on,ah::~*ls\(ngi.Jot;.".\",255 acres jn :$1ZE(l'lh13n':g,h tJ.cres is /lormaHy ~(\) ~ iio~ e.l. ~;;; ::E (1) -· 0 (1) m!)l ~ 3 !!?. ~E:3a5Q. g. !!1.;;: iil ~ ~ '< ~ 2: SQ. ::0 C.o<ll<ll:!l Ill ~?~.gi ii (D gca~!llel. :r !!1.ii~!l! (1) d' (/) o'C"Wj-, §-,'< ..... _, 3 ai~~g:~ !!l. cn8"::Eo'< s· ~-<B o'"O 8 :I (1) -, ~ 3 ::E~~:i'3 (D ::I: 0 (') (1) (1) (1) < ::J" a ?!:1co· -· {fl <fl 3 !!1. P'li;;gi, !ii a;Jo,~ ~ "O .. en (1) {fl -, ..... -· 01 ::, . (') 01 ?' ~ i \1/idth wh,ire t 40' iil nbim~1.lyt~9~lr~d{,) = -cc-C: ·• ,.,. #05,all'? ~ !tlC>rn~s •& Sheila !3_t6~~il\'zsq Bt,~Wr\· ~aa:~~? Petefso.~. 314~• Nd[.th .S~oifa'. privsi~iB zonlrig district, · . : ., , .. , ,, .,y·, . 't, , • . .:-.,, '"" ,, . . . . . . ,,:•.81;Lj,,1B 2'.<lt)!~,1•,~ls.tr,lct, raquest·a la~e:setbaok ,va:rl,a_nqe·;l,9}:,er: :, requests a.lotwidth variance; ar1,avet~gefa.keshor~ setback.varl- #05-3102 -:J<!ithryn1,·;AleJi.ll!t1clet: :OQ. ~,!!half of· J. ,Sven mlt,constnl,cliOti of a garage addition a,~d ddrmetWIth1n, aJ.00'. , i ance, and 75•,25p• zone hardciovervariafa:e iOordar,fo c:ot1struct. Gustafson, 920 BfqWn''.Road Soutf); · 88:/., 1 B zoning district, , · )~qu~ed ~etbru::k from Tanager Lak,;, and a. l)ard,c9i~niari,a,noe .to'. . a new residence 6n the existing lot .a~d'.•in approxi[llately the' requests lot area, wldil{ and side yard se\baci<"variances to per-· periiilt 22,B%i y;ilthin '.IHS' zone when a~('-.. is nortn.a1)y re8u,lred :, same location as the existing residence. · · 'f · · · · · · mit side yard setbacks of 15' wtien 30' is normally, required In a~d 22:B~/o C'Ll(t~~tly exists. , .·•<.: 'O: ., , ; ' ··. ; .. ·, ., . . , , . "" . . . orde.r to construct aM:,v residence ?n o1n ll)(isting lot 0,93 acres /i, •,;};,):;; :,,:,'.,;:{:,,,1·,,.1· ., .. ,;;, .. , .. ·. :, · .. :, ··: , '. ,,, <, : ,, , : : . 05·311,!i-;-,WJM Propeii;ti~,-~)'.;(:;;,,?.§Jl~i'~lilYZatil_<BdlJlevard i~ .area .a~i:!(fao: Jo .))!\f,11.?ll'l~e~,~:iO, etotes.;,i?itl,.} g9?' is nor,mally t,,1/1; ,~,o~~\l,tet.f•Wa\~r.1s1re!lt l;fomE! .. s; LLC .~n b~~.alt<if, -~~da.11, · West, Industrial District; reiw.e~~ A>,c1>D~iij1,1@~1,1.use permit ,requjrect:· •.: ... :/ . .··. :c, ·, 'i'.oi · ,:: .... '.! ,'.. 1, ·, .;;'It •·'ci'i~ .. ~,/l,5~);;fgga,n;.?i2,Sg,f8/<s'iJr;tet;,Elfl:;7)B 20,~1.\)~,.\l,i(;\tl~},S,\1,W~.stF( am~11~pt to reconfigure the approv,edparking layout. , , .''( :.HI::., '·+('.,. (f.'.'•t• . , r,,_a,,c,1;:1,~iij◊~~Jip.~:il•P~t.ll;),it[;!or:-Hluj;nbi~g,in,./l-~/lE\,SR~sC>r¥Jll'l.~W9,, •• • , : , , 1 .,•<"•i··,,., , .#05'-31()4}-•Dl;lvid'af\d Rar,'~e ,Mac.~;,\,1,978 ,Shadywood '. ,tJ.nl:l,,a,//.Ji,n,a.~9e. lq,,pf;l.tl11.t~,?!J'.J 11~9.c.e,s.sory buI(dI119Jo>~e l9~9;te.d : All persons wishing to be heard are encouraged to at\end F\otJ.d, LR -:·.1-Q zoning,district, request a l/l,~e·set~ack va.rlance to.·• neareqhe ~tr~.et or Jront lot lln/l-th,ariJhe e){isting Ptlncipa,Lstruc• .· this meeting. This Is not a final agenda and Is subject to change petJiJ,l\.a iakil 'set~ack 18155' ,whrn 75' i¢ por,m/l,IIY recjuir!ld,.a ?/ ,tur,e: ·.·. j Yi :::,.' .. :.· ,. · : O ·· · · , /, ; , • ·.: : ( . ;.· prior to the hearing. Written comments are accepted and' s~ourct, ,75:,ha(dcoveryana~ce,to perl}11t.g7,9%·hardcover.~here,,Q%·1s, '· ;·, ,: /f;, •, . \/ ·:·, .·.,: ,: . ·, ,· , . ,, '.; -:,:: .':• ,'i ,;, ;i;C:, ,;,, be sub,m1tted tc;i the Qlty of Orol'lo .. by May11; 290;; ILposslble. ,. i \nilrrn~lly• ,al,lc;>W'ed,aod, •~!l;,6°/i/Put~ntly .. exisis, and , .a • ~atdcovec ,. . ..•· '< #05'.31 t2.c;:-.Lo,ta.?:8\ Sta?,~Y Sc(19enzelt, • 41~0 fo(ils~ La~~,; Plans are. available for review in the City Otfices· and all Interest-': :· i,'.a,t'l!'h¢e,!9f)~e 75'C2~0'.zone !o,pern)ltSJ .~%'1J.~rdcover::,vhere'.:f ·Lahdl~g, :L:f!:-,tB,·.¥,)~ing cflslr1ct,,ra.,99e~t a,lot hi)e re'.arra1!g«f,l••: ed persons are enc~uraged to contact_the City for further Infer- , : 25%•is.riorh1aliy altoWed. llr\d' 60.7% currently s~Ists, lrt. b'.rdsr tp· ment11nv,0IvI.11g, the,,ecJ1acent.pt9perty ,r3,t J090,V'/J!tl.hurs,t ,1JeII; a::; matlon. For an appointment, pleas'f c.all (952) 249,4600 .. , '•col1$tfuctan,1;1ltacqed.gafage wl\h Wing space above,irt~lucting,a 'f.ronfyar~•set~ack iiiltiahce:to. pe(1t1it a':J~or/t.yard ,s!!lback of , · g first stow ~0111,e, app(oxlmately'':B'. when ·30' is·liorn11!1ily reqOlr.ed ,\lhd ,6\9Vtr9ntly:, .. City of Orono !i.., ~~ (J) S::x, C --c en ~;:g~ z~l> !,'!l Cl. ~~6 m iii :c gm :El ~~(J) ~> 0 "O C: Q'. c5' uJ ~ Cl. ~ a )> "O ~ ~ ~ Cl) C: .(/) 0 .... c' (D Cl. Ill ::::i Cl. ~ .... :::s 5 3 (D 0 ::::i -::r cir )> C: -::r Q ~- Cl. )> cc (D :::s - ~ ::!: I\) 0 0 SJ) •,exi~ts. harclpo.yervadanoe I◊ per!1'1It26.3,1 ?khardcovef'#ithil') t,1:te ' ..•. By: Planning Commission .• ·7si,2sg';onl;} >A:hen".25% is)MormallyaHoweclahc\:J1"f, .currently• .. ·, . '.ex1ll!s" ~~fl. sq"}~ ~(trjiii\~~i?Sft500\zo~e,w~e~ ~oro.is.n9rn1a,1Iy: · .•. , Michael P. Gaffrori, J iin,01:1~pand 5q¾cuijen\lyex1at~ •. a.rd-rrstruotur1;1tqpveragavait, Planning Director ... .e;.. ,· ,., , , .~. airce t~ P~(ij\,I\ j !l/'/fWti.ar, J$:'/oiS roq11ally, a).19Wl'd all i~ ord,\(td ' ' ·.· ' •· .. :., :' r.·,.·.·.'·.··' •,' '. ,' ' .,., ·.' .i, ';' ." ; ';::i: i .If, (D Ill < ::::i (D Cl. '< ~ Cl) Ill Ill (J) -..... C: ::r .... (D Cl. .... ~i -(D 0 .... Ill "O :::s .... Cl. 5· -· -:::s (D 0 Cl. C:ll) Cl. ::::i 5· Cl. cc "O Cl) C: Ill Q'. C: cii' .... ::r Cl. (D ~ Cl. s- (D uJ S; ::r Cl. ~ a )> "O a I\) 0 0 9" ;::;: ~ (/) ..... ;· "O C: Q: 1n· ::r (D Cl. Cl) e C: a. ~ 0 (/) :1: ~ a :r. (D 0 ::::i ::r (D (D -· Ill~ (J) o (J) Ill ::r -::, -~ Ill fii (D "O 0 (D (D ::r ;,:;-_ .... (D ...., Ill Cl. Q :::s ~ 0 Cl. Ill :::s ~ (/) (D Ill o (/) (/) C: C: - 0 "O -£ ~fa ~ Cl) 3 <' Cl. -<D Ill ::r :1: :::s (D (D Cl. 0 (D "O Q. ;,:;-C: C: oo !:2: 3 -:-'1n·:::s ::r (/) (D 0 Cl. - O'.l ..::..., -I ::r (D "O .... ~- Cl. "O C: Q'. 5· :::c (1) Ill .... 5' cc i;;- :::s Cl. C (/) (D ~ "O !Jl · Posted at: Orono City Offices; Crystat:·B·ay Post Office; Long Lake , : Post Office; Navarre Post Office,,}::; .. ,,);,, . , , ·:, , .. , · '. ,.. (Published in The Laker and The Ploheerne'!itiN,a~e1 . ii 30, 2905.) J/;;,L ~(/).0""')> <;-c:<D (J) e Ill .0..::..., -C: = C: Ill <D...., :::::!l -· -I (/) (D .... ::r Ill c,:, Cl. 3 <D 3~~(1):::s ~~:1:~~ Cl. 0 (/) (/) (/) ~J'vj o"O . uJ-::, 0 Ill c,:,<D :::,"O _.. ... , ~ ~ ~Ill;:;::, 0 (J) S, Ill ..._. -.. (/) -"O :::s Ill a cc o :::s < .0 0 o..O.:c:3 omlll"O ....,o.=-= ::,CT::!'(D <D ...... o· o.. "" --.. Ill Ill S: a, :§_ :g 5· g s- 5' ::::l cn Ill Ill g; Ill = CT O (J) ...., mmllll ;,:;-"O "O ::r m ::::i -C: (1) :::!. £ 0 CT_, o s.z=.cn en <Dm~lll<D c8-mm::::i~ CD ::JJ --, Ill ::::i o· oc:o -,-s--g.::::. ..... o CT (D g ::r :::!. ~- &' :::s (1) ~ ~ 0 Cl. :::, Cl. Cl. ur· roll)c: s;:::l:<0'< ~ -· (/) (D (/) :::.::i-ca~ O ::::l Ill -=; ::r<D"O!llQ Ill (J) (I) :::s :::s --.o-,o.o (D(/) ; ;,:;-(1) :::s --:::s 3 0 ell)~~ e ~ ~ ::::i ~ _::r g"::rlllmfil -ll)(/) '< ~ cn -I a~ .. -:::c-::r C: m ~ e (/) -e. (0 Q. s:: 5· :::J (0 en 0 F>° () 0 C: :::, ~ Q. :r: (0 :::J :::J CD "C ;5· ~ 0. ~ ;:;: 0 .. .,., s::: C" --· ,,.... ..... -· 0 :s TRACKING SHEET FILE NO. 053110 Staff: ~v ~\ CU/\tt- SITE ADDRESS: 760 Brown Rd. S Applicant: Sheila and Thomas Browne Address: 760 Brown Rd. S Owner: Sheila and Thomas Browne Address: 760 Brown Rd. S Wayzata, MN 55391 Wayzata, MN 55391 )SJ Meeting with Staff Date: ~I □ Application Completed Date: 60 Day: 0 Incomplete Notice Sent Date: v/ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD ~ Property Owners Notified: Date: )4 Legal Notice Published Date: -r-~ f -:::;, PC Meeting(s): L/-Z Vote: .L,,,,,u ------------------,_,,-.• ~.,--'= c;/ ( &, Vote: --------------------- Vote: --------------------- l6J Notice of PC Action: O --------------------- Vote: ------------------- □ Resolution: