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HomeMy WebLinkAboutProject PacketTRACKING SHEET FILE NO. 02-2824 Staff: SITE ADDRESS: 1045 Brown Rd. S Applicant: Betz Builders Inc. Address: 300 Crestview Ave. Long Lake, MN 55356 Meeting with Staff Date: Owner: Steven D. Van DeVeire Address: 1045 Brown Rd. S Wayzata, MN 55391 [) Application Completed Date: 1 60 Day: 1Q El Incomplete Notice Sent Dater -0o' Copy of Application Sent to: Engineer i County DNR MCWD ` LMCD Property Owners Notified: Date: q S- c) L Legal Notice Published Date:a2- PC Meeting(s): & `"0 Vote: 17. 0 04z-� Vote: Vote: El Notice of PC Action: 61 -- (9 - 0,P— City Council Meeting(s): ~ a 3 -D D-, Vote: q -0 A -)� u-& Vote: Vote: ❑ Resolution: REQUEST FOR FURTHER INFORMATION August 26, 2002 Mr. Steven D. Van DeVeire Betz Builders, Inc. 300 Crestview Avenue Long Lake, MN 55356 SUBJECT: Zoning Application #02-2824 The City of Orono is required to notify you within ten (10) business days as to the status of your application for variances for constructing a new residence on the property located at 1045 Brown Road South. Below is a list of items the City of Orono is requesting to complete our review. ❑ 2 full sized copies and one reduced, of an updated survey indicating the location of the proposed house and septic sites. The survey shall indicate 2' contour elevations and any proposed grade changes on the property. Please include elevations on the property and all land within 50' of the property boundaries. ❑ Septic Evaluations and design for one primary and one alternate septic sites on the property. We will review the ability to locate two septic sites to determine if the property is buildable. If you wish to explore the option of connecting to sanitary sewer please contact Greg Gappa, City of Orono Public Services Director, to discuss that possibility. Application #02-2824 is incomplete. If you wish to proceed with your application please submit all items requested above by Tuesday, September 3, 2002 to remain on the September 16, 2002 Planning Commission agenda. Please call me at (952) 249-4600 should you have any questions. Sincerely, Wendy Bottenberg Zoning Administrator CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN) ss. CITY OF ORONO } 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 #02-2824, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5ffi day of September, 2002. wu-"!.�NA Af' 'avit of Publication CITY OF ORONO 71,436 s.i. (1.84 acres) where the WIB 2780 Kelley Parkway, P.O. Boni 86 zoning diatrtd requ1:0 bt area of 2 acme. Crystal Bey, MN 55929 7. #02-2525 Wayne and Karen Phone (952) 2494600 ; Soojisn, 449s North Shore Dkire, * F.x°( ) 24aa'ItZ. A'3 request"lot area, Iot7Wiath arreiaj�s -. g '.'+ua fatke,nore setbackife to parirri� NOTICE ponstrudfon of a new residence an" The Planning Commission Ta hold 'property located in the LR-1 B zoning do-. ' . trict. public hearings in the Canal Chambers 8. #0242826 Michael and Deborah at 2780 Kelley Parkway an Monday, Benedict, 26 Orono Orchard .Road, Sepiamber 16, 2002. beginNng at 8:30 request a variance to permit a 88'AW Am. on the matter of reviewing the fol- storage garage to be construelad clove lowing land use applications: to the front property line than the. pn ocipaf 1. #2333 Proposed Zoning residence. s code Amendment, section 1a.?0. $ubd. . s. #dZ2W Sven Gustafson, An& . 4C. Proposed amendment of tiome North Shoi6Dilve,requssts.varisneeseo Occupations Standards oidnances.* permit construction of a new residence ai 2. #M-2806 David and Lynne a 23,360 s.f- (.54 acre) lot where 4%560 Teekman, 1625 Bohns Point Road' s.f. (1 aae) is required and 55' in width request. variances for average lake0ors where 140' M required in the LR-10 zan. setbact and to permit hardcover gt'" ter Ing district x than 25% within the 75-260' lekeshore 10. ON-2826 Tony Lund, 91818 setback to permit construction of a "hew . North ghore Drive," requests varf6ina9s residence on the properly located is the to permit construction of a new residence LRA B zoning district, and a conditional on a 26,920 s.f. (.62 acre) lot. where use permit to permit plumbing within an 43,560 s €. (1 acre) is required and SW hi accessory structure. ` width where 140' is required In the i ri-IB 3. #02-2820 Michael Lasher, 1360 zoning district. Railroad Avenue, requests a variance to 11. #02-2764 Proposed Zoning Coda permit construction of a 10'x20' covered Amendment, Proposed Section 10.46, porch to be located 40' from the. front Commercial -Planned unit Devebpmeri property line where 50' Is required. ; Ordinaries. . _ N,; 4. #02-2822 Danielle Nerlefy. 12. #02,2629 Proposed Zoning gods 3422 Llringston .Avenue, requests a Amendment, Proposed Section 10.M variance to permit construction of atwo subd. 28, fa establish residential remod- stall detached garage closer to fire street sling "rotat Replacement" standards. than the principal structure and a cundi- AN persons wishing to be heard are 8onal use permit to permit the detached encouraged to attend this meeting. garage an a through lot Written comments are accepted and 5. #02-2823 Ronald cloud, '3460 should be submitted to the City of Oronq North Shore Drive, requests variances to by September 11, 2002. Plane are ava8- permit an encroachment kilo the average able In the City Offices. For an appoNN- lakeshors setback, to permit hardcover ment, please cell 952-249.4800. greater than 25% within the 75-250' lakehoe setback, and a 7.6 side yard City of Orono setback where 10• is allowed to permit By: Planning Commission construction of a deck and three season porch to the lakeside of fhs exispng, rasi- Paid Weinberger, dance. Zoning Administrator/Planner 6. #02-2924 Betz Builders, 1045 Brown Road South, requests a tat area (Published In The LaW 8 Pioneer variance to permit new residential con- Aug. 31, 2002) shudfan an the property with a lot aisa of State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1- successive weeks. It was first published Saturday the 31 day of August 2002, and was thereafter printed and published every Saturday, to and including Saturday, the day of 2002; t Authorized Agent Suscribed and sworn to me on this 31 day of August 32002. Rate Information (1) Lowest classified rate paid by commercial users Ct-f` _ _ • - for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter. $7.96 per inch. Each additional successive week: $5.79. CITY OF ORONO 2750 Kelley Parkway, P.O. Boa 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 16, 2002, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 1. #2333 Proposed Zoning Code Amendment, Section 10.20, Subd. 4C, Proposed amendment of Home Occupations Standards ordinances. 2. #02-2806 David and Lynne Teckman,1625 Bohns Point Road, request variances for average lakeshore setback and to permit hardcover greater than 25% within the 75-250' lakeshore setback to permit construction of a new residence on the property located in the LR-1B zoning district, and a conditional use permit to permit plumbing within an accessory structure. 3. #02-2820 Michael Lasher, 1360 Railroad Avenue, requests a variance to permit construction of a 10' X 20' covered porch to be located 40' from the front property line where 50' is required. 4. #02-2822 Danielle Henely, 3422 Livingston Avenue,: requests a variance to permit construction of a two stall detached garage closer to the street than the principal structure and a conditional use permit to permit the detached garage on a through lot. 5. #02-2823 Ronald Cloud, 3460 North Shore Drive, requests variances to permit an encroachment into the average lakeshore setback, to permit hardcover greater than 25% within the 75-250' lakeshore setback, and a 7.5' side yard setback where 10' is allowed to permit construction of a deck and three season porch to the Iakeside of the existing residence. 6. #02-2824 Betz Builders, 1045 Brown Road South, requests a lot area variance to permit new residential construction on the property with a lot area of 71,438 s.f. (1.64 acres) where the RR-1 B zoning district requires lot area of 2 acres. 7. #02-2825 Wayne and Karen Soojian, 4496 North Shore Drive, request lot area, lot width and average lakeshore setback variances to permit construction of a new residence on the property located in the LR-1B zoning district. 8. #02-2826 Michael and Deborah Benedict, 25 Orono Orchard Road, request a variance to permit a 28' X 35' storage garage to be constructed closer to the front property line than the principal residence. 9. 402-2827 Sven Gustafson, 4515 North Shore Drive, requests variances to permit construction of a new residence on a 23,360 s.f. (.54 acre) lot where 43,560 s.f. (1 acre) is required and 55' in width where 140' is required in the LR 1 B zoning district. 10. #02-2828 Tony Lund, "4515 North Shore Drive", requests variances to permit construction of a new residence on a 26,920 s.f (.62 acre) lot where 43,560 s.f. (1 acre) is required and 65' in width where 140' is required in the LR-1B zoning district. 11. #02-2764 Proposed Zoning Code Amendment, Proposed Section 10.46, Commercial - Planned Unit Development Ordinance. 12. #02-2829 Proposed Zoning Code Amendment, Proposed Section 10.03, Subd. 28, to establish residential remodeling "Total Replacement" standards. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 11, 2002. Plans are available in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission 90,J Paul Weinberger, Zoning Administrator/Planner To be published the week of August 31, 2002 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 0 0 EsK0 Y of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO.02-2824 WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. WYIL : AS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 16, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2824. 2. The property is located in the LR-IA Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. �. The Orono Planning Commission reviewed this application on September 16, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed with residential use since at least 1900. 1 of 5 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 16,2002 6:30 o'clock p.m. ROLL The Commission met on the above mentioned date with the following members present: Chair Sandra Smith, Commissioners David Rahn, Cynthia Bremer, J. Mark Fritzler, Liz Hawn, Janice Berg, and Jeanne Mabusth. Representing staff were Planning Director Mike Gaffron, Zoning Administrators Paul Weinberger and Wendy Bottenberg, Council Representative Jay Nygard, and Recorder Kristi Anderson. Chair Smith called the meeting to order at 6:32 P.M. CONSENT AGENDA (#1) #02-2824 BETZ BUILDERS,1045 BROWN ROAD SOUTH, VARIANCE Hawn moved, Mabusth seconded, to recommend approval of Application #02-2824 Betz Builders,1045 Brown Road South, approving the lot area variance subject to recommendations set forth in the memo dated September 3, 2002, in order to construct a new residence on the lot VOTE: Ayes 7, Nays 0. - (#2) #02-2826 MICHAEL AND DEBORAH BENEDICT, 25 ORONO ORCHARD ROAD, VARIANCE Hawn moved, Mabusth seconded, to recommend approval of Application 02-2826 Michael and Deborah Benedict, 25 Orono Orchard Road, approving a variance to allow the placement of a 281X35' accessory structure between the principal structure and the street per the proposed plan. VOTE: Ayes 7, Nays 0. OLD BUSINESS (#3) #02-2813 MARK WELSH, 3625 NORTH SHORE DRIVE, VARIANCE 6:35 p.m. - 7:23 p.m. Mark Welsh, the Applicant, accompanied by Jeanne and Linda Welsh, was present. Weinberger explained that the applicant had received variances to construct a new residence on the property in February, 2002. The applicant had not yet built the residence and wished to make two changes to the approved plan. Weinberger reported that the changes to the plan included shifting the residence on the west side from 8.5 feet to 7.5 feet from the property line, straightening the residence to run parallel with the property line versus the lakeshore and add 65 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 23, 2002 7:00 o'clock p.m. *6. #02-2821 TEMPLE ISRAEL (CAMP TEKO), 645 TONKAWA ROAD, COINDITIONAL USE PERMIT - RESOLUTION NO. 4867 White Moved, Murphy seconded, to approve and adopt RESOLUTION NO.4867, a Resolution granting a conditional use permit to permit the building and all trail projects except #5, based on the conditions noted in the Planning Commission Recommendation, for Temple Israel, Camp Teko, located at 645 Tonkawa Road. VOTE: Ayes 4, Nays 0. *7. #02-2824 BETZ BUILDERS,1045 BROWN ROAD SOUTH, VARIANCE - RESOLUTION NO. 4868 White moved, Murphy seconded, to approve and adopt RESOLUTION NO.4868, a Resolution granting a lot area variance to construct a new residence on the property located at 1045 Brown Road South. VOTE: Ayes 4, Nays 0. *8. #02-2825 WAYNE AND KAREN SOOJLAN, 4496 NORTH SHORE DRIVE - VARIANCES -RESOLUTION NO. 4869 White moved, Murphy seconded, to approve and adopt RESOLUTION NO.4869, a Resolution granting lot area and average lakeshore setback variances to construct a new residence on the property located at 4496 North Shore Drive. VOTE: Ayes 4, Nays 0. *9. 902-2826 MICHAEL AND DEBORAH BENEDICT, 25 ORONO ORCHARD ROAD NORTH, VARIANCE - RESOLUTION NO.4870 White moved, Murphy seconded, to approve and adopt RESOLUTION NO.4870, a Resolution granting a variance to permit a storage building to be located nearer the street than the principal structure located at 25 Orono Orchard Road North. VOTE: Ayes 4, Nays 0. 10. PROPOSED ZONING CODE AMENDMENT TO HOME OCCUPATION STANDARDS - ORDINANCE NO. 221, 2nd SERIES Gaffron explained that in 1998, the then City PIanner/Zoning Administrator Liz Van Zomeren worked with the Planning Commission to draft an amended Home Occupation ordinance. That draft ordinance would have completely eliminated licensing and would have permitted home occupations as an accessory use subject to the enforcement of performance standards. That draft also included a list of "Prohibited" home occupations, which were deemed to be Iikely to have negative neighborhood impacts. Gaffron noted that the draft reflected good work by the PIanning Commission, but got bogged down in discussions as to home occupations in accessory buildings. No action was taken at that time. Page 13 CITY OF ORONO ZONING FILE # 02-2824 P.O. Box 66 NOTICE .OF CITY COUNCIL ACTION Crystal Bay, MN 55323 DATE OF NOTICE: 9/24/2002 612-249-4600 TO: Betz Builders COPIES: 300 Crestview Avenue Long Lake, MN 55356 TYPE OF APPLICATION: Variances DATE OF MEETING: 9/23/2002 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday 8:00 AM-4:30PM). All persons with an interest in the property must sign the resolutions. The resolutions must be signed prior to issuance of building permit. You must apply for and obtain a permit prior to the commencement of construction. (The permit application is separate application from the zoning variance application). Variance approval is limited to the extent shown on the approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than September 23, 2003. 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. Application Deadline: 8/21/02 60 Day Deadline: 10/18/02 REQUEST FOR COUNCIL ACTION Department Approval: DATE: Name: Wendy Bottenberg ITEM NO. r% Title: Zoning Administrator Agenda Section: Zoning Item Description: #02-2824 Betz Builders 1045 Brown Road South Variances Zoning District: RR-lB One Family Rural Residential District (2 acre) List of Exhibits: A Resolution B Staff Report and exhibits of 9/16/02 Application Summary: 1. Section 10.28, Subdivision 5 (B): Lot Area: The lot is 1.64 acres where 2 acres is the minimum lot area for the RR-1B zoning district for new construction. Application Summary: The applicant owns the subject property and is requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 1950's will be demolished. The lot is approximately 1.64 acres and the minimum lot area requirement is 2 acres. A lot area variance is required to construct a new residence. The subject property is currently serviced by an on -site septic system. The property was brought into the MUSA with the adoption of the 2000-2020 Community Management Plan. The property owner has indicated his preference is to have sewer brought to the property. He has been working with Greg Gappa, Public Works Director, regarding how to bring it to the property. Sewer is in the neighborhood and several surrounding properties. An easement is needed to bring from the adjacent properties or via Brown Road. If it is determined not feasible, then an approved primary and alternate septic site would be needed prior to issuance of a building permit. PLANNING COMMISSION: Planning Commission recommended by a 7 to 0 vote to: To approve application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTIOI\ REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B), FILE NO.02-2824 WHEREAS, Tom Betz (hereinafter "the applicant") is the owner of the property located at 1045 Brown Road South within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-1B zoning district. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 16, 2002, at which -time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #02-2824. 2. The property is located. in the LR-lA Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. 3. The Orono Planning Commission reviewed this application on September 16, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property has been developed with residential use since at least 1900. 1 of 5 B. The property can be developed without the need for further variances. C. The lot size is consistent with that of other developed properties in the neighborhood. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance will 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. 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 variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER, A0 CONTITIONS, Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to allow new residential construction on a 1.64 acre lot where 2 acres is required in the RR-lB zoning district. Approval is subject to the following conditions: 1. Council approval is based on residence meeting all setbacks, height, lot coverage by structures and sewer being available to the property or an approved primary and alternate septic site prior to issuance of a building permit. 2. 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 these variances will expire on that date (September 23, 2003). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 2 of 5 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of September, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF NIINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of September, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of September, 2002 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. 3of 5 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of 2002, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she; they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this_ day of�, 2002, _ personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his./her/their free act and deed. Notary Public 4 of 5 Exhibit A LEGAL DUARIPTION of PREMISES : That part of Goverrment Lot 6 in Section 10. Townahlp 117 North. Ronya 23 West, described as fal Iowa Beginning at a point on the East Iine of sold lot, 66 feet South of the Northeast corner thereof; thence conttrm n South on said Eant Iine 202.42 feet; thence West at right angles to said East line on a Iine which beers South 41 dagNes West through the point of beginning: thence North 41 degrees East to the paint of beginning, ALSO - That part of Governmrit Lot 8 In Section 10 Township 117 North, Range 23 West, described as follows Cam+encinq at a point an the East lino of aa1d let 66 feet South of the Northeast corner thereof; thence continuing South along said East Iine 202.4Z feet to the point of beginning of the proparty being described; thence continuing South on said East line 245.06 feat; thence West at right angles to said last Iine to a line which bears South 41 degrees West through the point of cane ncernant; thence North 41 degrees East to a line drawn Went through the polnt of beginning at right angles with said East line; thence East to the point of beginning. TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/PIanner DATE: September 3, 2002 SUBJECT: #02-2824 Betz Builders 1045 Brown Road South Variance -- Public Hearing Zoning District: RR 1B One Family Rural Residential District (2 acre) Lot Area: List of Exhibits: A Application B Survey w/ existing buildings and req'd setbacks C Plat Map D Property Owners List E Adjacent owners acknowledgement/Approval Pertinent Code Section: 1. Section 10.28, Subdivision 5 (B): Lot Area: The lot is 1.64 acres where 2 acres is the minimum lot area for the RR- 1B zoning district for new construction. Application Summary: The applicant owns the subject property and is requesting a lot area variance to construct a new residence on the lot. The existing residence that was constructed in the early 1950's will be demolished. The lot is approximately 1.64 acres and the minimum lot area requirement is 2 acres. A Iot area variance is required to construct a new residence. The subj ect property is currently serviced by an on -site septic system. The property was brought into the MUSA with the adoption of the 2000-2020 Community Management Plan. The property owner has indicated his preference is to have sewer brought to the property. He has been working with Greg Gappa, Public Works Director, regarding how to bring to the property. Sewer is in the neighborhood and several surrounding properties. An easement is needed to bring from the adjacent properties or via Brown Road. If it is determined not feasible, then an approved primary and alternate septic site would be needed prior to issuance of a building permit. #02-2824 Betz Builders 1045 Broom Road S 8/31/2002 Pagel of 2 ANALYSIS Lot Area and Yards: RR 1B District Standards RM A Lot Area Required 2 Acres Actual 1.64 Acres Statement of Hardship: This is an existing lot which was platted prior to current zoning standards. Issues for Consideration: 1. The lot was platted prior to current zoning requirements. 2. A residence exists on the property. 3. There is no additional land to combine with the property. 4. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested lot area variance with the following condition: To obtain a building permit the new residence must meet all height requirements, setbacks; 35% hardcover (500-1000' of French Lake OHWL), lot coverage by structures, grading requirements and access to sewer or approved septic sites. Exhibit B shows the building area of the lot. Placing a residence on the lot with sewer does not appear to be an issue. If the applicant decides to forego sewer and uses septic, the location of a residence may be altered to due to the location of the septic sites. ##02-2824 Betz Builders 1045 Brown Road S 8/31/2002 Page 2 of 2 M Application # 4 Z-2s'zy Date Received S -21- O Z Amount Paid CITY OF _ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from .original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFORMATIO Site AddressBEU A) Property Identification Number (P.I.D.) / Attach legal description to application if not included on required survey. Date ProngAcquired month/year} I (do) dalso own the adjacent parcels of Iand. Present use of property: residential other (specify) Zoning District: APPLICANT Name 2- Address:Y�ri OWNER (if different than a licantJ Name Cj JeV � ri h7' V {-yj 1-0—iveo Address: City: Phone (home) -COj10-3;- Phone (work) / 3- City: Zip. DESCRIPTION OF REQI Describe request.in detail: �- (attach VARIANCES REQUIRED X Lot Area Lot Width Phone .(home) `-f -3 9— Phone (work) Zip: Construction Cost sheets if necessary) Hardcover Lot Coverage Setback: Front Side — Rear Average Lakeshore Other (specify) IIARDSE IPMESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zonis Code requirements: (attach additional sheets if necessary) REQUIRED SUBAUTTALS 11 of the following inform mu t e submitte b the a lication deadline date i order for .your application to be considered complete: 1. Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, Iabels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8%z" x I V for reproduction. - 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8%z" x I p for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 8Y? x 11"). 6. List of the legal names (include marital status) of all persons with -an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. As an addendum to this application, please attach a separate list of any other persons you 'vvish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yQpr. . variance application is not complete If the above inforrnat.on has not bee inclu ed. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is tru d co ct to the best of h' er knowledge. Applicant's Signature Date —� OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry .onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signatur — Date 070 Q ?� Applicant must have all submittals into the City offices 25 days. before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 7 �. f CERTIFICATE OF SURVEY FOrs BETZ BUILDERS IN GOV' T LOT 6, SEC. 10-117-23 `'' I HENNEPIN COUNTY, MINNESOTA ra_ > or - -� LEGAL OESCtIPTICN CF PREMISES s I m IJ ys 1 That park of Carrrment Let Point Saetian 1a, TeansTip 117 North• Re�sa 23 Ieesk, dsaerlbed a+ fallawa i 1 Ij Beginning a! q paint an the East Iine of sold lot, 66 feet South of the Northeast earner thereof; i thence Continuing South en said East line 202.42 feat; thanes Waat at right englse to said East "no on a Fine wfiFch b is South 41 dagraes Nest through the point of beginning; thence Worth 441 ddegreaa East to the paint of baglnaleg, - ` .• That part of Goverment Lot 6 in Section 10 Township 117 North, Range 23 West. described as fellers e=wCaning at a paint on the East IIna of said lot. 88 feet South of the Northeast corner thereof; thanes continuing South along said East Ilea 202.42 (oat to the paint of baglnning of the pprapsrky bsing described; thwnu continuing South on geld East line 24a.08 toot• thence Wet at rFgi,i an to said East line to a Ilea which bears South 41 deggrees West through the palnt of cowroncament; 1 I thanaa North #t degrees Lost to a Iina drawn Nest througgh tha paint of Yeglnaing at right angles with sold East Ifni; thanes East to the paint of heginhlmg. a donate* Iran nnrhsr Caettal+ &le frer+y� of Inopa `` l savings shown ore aced upon dawn. on an assur 'OX This aurray Inteade to show the bounder Fas of the sears described i property, and the laeatlon of throe evistinq buiidlnyya thereon, It Trbe naesnary to Judicially do onelne the bounder because l \ W ue i1' N of diflsrenase wager ing the aaatlan of !M Nartheget aorner of 1 qe 'l Oavermwel! Lot 11. It dear not purport to show any other 1 irrpraysnwnts or encraachrwnts. 4 J NOME f E1RSiNC I UP Kp tj L tic 1 taaTFEl54E13Y Lr! aF / / /�- E 14 THE PU7 Lf GIaQME IaL• " • / / i` P6t-f T •� / I O a fir I / / "� W f r V 961 ACRES UDNG R AD) I + ' 04 NauD ROAD) J I 10 s f Ln LL • / ` //O AS 011(m AfO agRPm / ./a, 45� N 89 57 57 W,a5.02 1 ........ 1 WEST •• NiC 61SE0 W IIE tLR Or I L Tarr for a ACOOItl,afi u SO Ji.K AT L7R OF SEC Lrc low us hE mR or 1 i tar L es Two ©=® - cams of sacra: /� //����f�pppp��ffss �(�[1f��r(� i �f/s 1 Fader tartuT 1WAT 11aS PtAs. sPEestGIUK OR lomm w..r kTRUi1DJ5lLlf R'�•11i1e1B1A�1 il{te. WAS "WARM aY IE OI WCa ur tgo,_ SU.Vt = Ape I1-w r 1MAT 1 Aw A CMT L@!wa PI1p<�Q14Ak pBgR AM LAM �� ! F] ON= LAW 2if16= 91E RANiRS SISKM Iswl 481Aa V 1[ SUM W w =A. g..i DATE 44S N. WLLOW 0R LONG LAKE, kti 3=8 8-473�Fy#1 se Ra . - 7- .. ,.-. .• OATS' - 00 LICEME n.A63i 02-.T7G H;ernepin County Taxpayer Services Department. _. (4) 2 vMC 0 u 4 _a10 T0. + 01 (z) (3) ! �) 312 170.74 (32) (4) 25M72 "a tine l5J (33/ so- (7) 0 /v — 117— 23 — (!) Li i i i i u m % ou=2 a I et•2T12'F 176 3 Parcel Information ,,arcel ID 1011723240002 House Number 1045 Street Name BROWN RD S This is not a legally recorded map. It represents a- compilation of Information and data from C(ty,''-Eoun(yy; and State road authorities and other sources. 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W G o 1+ r on 104 Q3-400)--A Z z-o oHM� mow J-02 L4Ulmma _w�Hmo� -<0--4 ca wSN MOraM�Vro o Mm W -Iw m*Ii+ 'G Q A3rN a o d-C o rxInN0r ra"y,iN�11aS -1 e+en N 1'9Nb1 a V zzNSm V OFcr, V1Nmwwal UJSOQ yO+m'rIQ V j 0OQ r Q m N z w N z xzxsliN+ M z g m N w wNyfimN OZQl� NNN NN - lr+ zzr0 N Zato -I F+ m M M a a a a W z o Qaa Zz L in c W r N 0 W ZMN vz m 0 zN0M0 W IW w W)4=;u0 W d w ;ENNV1eW N Q Q M Nom N r w w N a e M r a M�'rnQo a nCor Ncmmr a actor NVSC r p m Mnr, o r aar AMo v1Z2x. o a7aH r Xa m3* r23 r Sr Z-1-4 a WOO w zaam=y ri xow. c�ss sao mwr x0CC= Q a co 70N �rrr r M. ZCAmo i mOwa W Q Winow to xl m m :cp zzN;N V1 x Q m I W Zz CAam�mp WIA��Qi� WQf7m0 r rnro • c.raa No Cm P r mr. N m r N rn S m z z m a M z n 0 az V i -C V a m { N Z ra M N 0 z ro N N P V W A 0 r 9. #02-2827 Sven Gustafson, 4515 North Shore Drive, requests variances to permit construction of a new residence on a 23,360 s.f. (.54 acre) lot where 43,560 s.f. (1 acre) is required and 55' in width where 140' is required in the LR 1 B zoning district. 10. #02-2828 Tony Lund, 114515 North Shore Drive", requests variances to permit construction of a new residence on a 26,920 s.f (.62 acre) lot where 43,560 s.f. (1 acre) is required and 65' in width where 140' is required in the LR 1 B zoning district. 11. #02-2764 Proposed Zoning Code Amendment, Proposed Section 10.46, Commercial - Planned Unit Development Ordinance. 12. #02-2829 Proposed Zoning Code Amendment, Proposed Section 10,03, Subd. 28, to establish residential remodeling "Total Replacement" standards. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by September 11, 2002. Plans are available in the City Offices. For an appointment, please call (952) 249A600. City of Orono By: Planning Commission 9a j a Paul Weinberger, Zoning Administrator/PIanner To be published the week of August 31, 2002 38 10-117-23 24 0004 JERRY CHRISTENSON 1105 BROWN RD S WAYZA TA MN 55391 /r�L�fZ�L 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 Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 16, 2002, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: r. 1. #2333 Proposed Zoning Code Amendment, Section 10.20, Subd. 4C, Proposed amefidment of Home Occupations Standards ordinances. 2. #02-2806 David and Lynne Teckman,1625 Bobns Point Road, request variances for average lakeshore setback and to permit hardcover greater th4n, 25% within the 75-250' lakeshore setback to permit construction of a new residence on the property located in the LR-lB zoning district, and a conditional use permit to permit plumbing within an accessory structure. 3. #02-2820 Michael Lasher, 1360 Railroad Avenue, requests a variance to permit construction of a 10' X 20' covered porch to be located 40' from the front property line where 50' is required. 4. #02-2822 Danielle Henely, 3422 Livingston Avenue,.regdests a variance to permit construction of a two stall detached garage closer to the street than the principal structure and a conditional use permit to permit the detached garage on a through lot. 5. #02-2823 Ronald Cloud, 3460 North Shore Drive, requests variances to permit an encroachment into the average lakeshore setback, to pemut hardcover greater than 25% within the 75-250' lakeshore setback, and a 7.5' side yard setback where 10' is allowed to permit construction of a deck and three season porch to the lakeside of the existing residence. 6. #02-2824 Betz Builders, 1045 Brown Road South, requests a lot area variance to permit new residential construction on the property with a lot area of 71,43 8 s.f. (1.64 acres) where the RR-1B zoning district requires lot area of 2 acres. 7. #02-2825 Wayne and Karen Soojian, 4496 North Shore Drive, request lot area, lot width and average lakeshore setback variances to permit construction of a new residence on the property located in the LR-lB zoning district. 8. #02-2826 Michael and Deborah Benedict, 25 Orono Orchard Road, request a variance to permit a 28' X 35' storage garage to be constructed closer to the front property Iine than the principal residence. CITY OF ORONO ZONING FILE # 02-2824 P.O. Bog 66 NOTICE OF PLANNING COMMISSION Crystal Bay, MN 55323 ACTION 612-249-4600 DATE OF NOTICE: September 19, 2002 --------------------------------------------------------------------------------------------------------------- TO: Betz Builders COPIES: 300 Crestview Ave. Long Lake, MN 55356 TYPE OF APPLICATION: Variance DATE OF MEETING: September 16, 2002 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. Applicant's next scheduled meeting is confirmed as: City Council on September 23, 2002 at 7:00 p.m. 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. �a �'• �.` I mm. CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFORMA Site Application # 0 Z- Z S 7 q Date Received 9 -21- 0 Z Amount Paid Wo,01M &4 OW Property Identification Number (P.I.D.) / U"- / oO �a4 `t ^ U OL., Attach legal description to application if not included on required survey. Date Pro a Acquired (month/year) I (do) do not also own the adjacent parcels of land. Present use of property: residential other (specify) Zoning District: APPLICANT Phone (home) qSP' �93 Name UILieaS �C- Phone (work) Address: City: Zip: OWNER (if di Brent than a licant _ Phone Name �� e wo � A-" &Z.- ezeahone Address: City: DESCRIPTION OF Describe request.in detail: LW—Wsle- (attach VALANCES REQUIRED A Lot Area Lot Width (home) '1 `-'0S -- .33 g'S (work) Zip: Construction Cost $ `7 i QC E34 A04ii,4 &O'lLdir sheets if necessary) Hardcover Lot Coverage Setback: Front _ Side _ Rear Average Lakeshore Other (specify) J HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing. compliance with Zonin Code requirements: (attach additional sheets if necessary) #2 a4� 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in -order for your application to be considered complete: 1. Completed Application Form 2. Certified Property Owners List of owners within 150'. IabeIs and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). 3. _ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8%2" x 11" for reproduction. 4. _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/2" x 11" for reproduction. 5. _ Sketches or plans of floor & elevation views (provide one (1) copy W/2" x 11"). 6. List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owmer must sign this application. Please remember that your variance application is not compiete if the above information has not ,.been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and corpect to the best of hw-�er knowledge. Applicants Signaturef A ¢ �`' t r Date --�' ;� 22 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signatur Date,* Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. Hennepin County Taxpayer Services Department /0—/i7 z3— " a Parcel Information Parcel 1D 101 1723240002 House Number 1045 Street Name BROWN RD S This is not a legally recorded map It represents a compilation of information and data from City, County. and Mate road authorlbes and other sowlces. 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A0N azWw zL7 z s Wnr-z(-aN :ummcW Lnamms�y Ullfnm:0 LnaLvm UlamaNw m`mres+�M maVN w miN)o mm M 9 WN amm O a+ Y mm e cm m r 1 m C z a m 0 oe N C2 N m m m z a m 0 o o M. Q -�= CITYof ORONO Municipal Oftices Street Address: Mailing Address: $+gg0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 DATA 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: I. 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 permi First _ Middle Last Address L_ftiL�/ city. J State Zip I undoa stand my rights as state,�l above. Signature Telephone (612) 2494600 • Fax (612) i2/49.4616 Phone SignatureSee.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 c m_missio er of revenue may mace the notice required under this sub&ision in the Lndividual income tax or roe tax -fund instructions instead of o 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 showrn the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays. Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in . dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. . The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 10