HomeMy WebLinkAboutProject PacketREQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A . Mabusth
Title Building & Zoning Administrator
DATE: June 6, 1994
ITEM NO.:
Agenda Section:
Zoning
Item ~escription: #1928 Suzanne Wacker, 1115 Brown Road South -Variances -
Resolution
Brief Review of Application
For more detail on this review , please refer to Planning Commission minutes of May 16,
1994 and staff memo dated May 10, 1994.
The current owner of the property has filed for an amended variance application seeking
approval of a 24' x 20' detached garage to be partially located in the required 50' street setback
and to be placed in front of the principal structure on the property. The former owner had
received approval for a renewal variance in December of 1993 for a 22' x 20' detached garage
within the street yard of the property. The new garage will encroach no closer than the
previously approved locations of the garage $ in the former variance application.
In exchange for increasing the size of the detached garage, the applicant and new owner
has agreed to remove the 10' x 12' shed in the rear yard.
The Planning Commission recommended unanimous approval of the variance as amended ,
subject to applicant removing the 10' x 12' storage shed in the rear yard upon completion of the
new construction .
The enclosed approval resolution has been drafted per the findings and conditions of the
Planning Commission recommendation .
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE NO. 1928
WHEREAS, Suzanne K. Wacker (hereinafter "the applicant") is the owner of the
property located at 1115 Brown Road South within the City of Orono (hereinafter "the City")
and legally described as follows:
refer to Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10 .03, Subdivision 9 (D) to allow a detached garage to be constructed 40'
in front of the front line of the principal structure, and a variance to Section 10.28, Subdivision
5 (B) that would allow the structure to be placed 23 .1' from the front street lot line instead of
the required 50'.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1928.
2. The property is located in the RR-1B Rural Residential Single Family Zoning
District requiring two acres in area. The property consists of approximately
14,824.25 s.f. or .38 acres.
3. The Orono Planning Commission reviewed this application on May 16, 1994 and
recommended approval of the proposed variances based upon the following
hardships and unique findings:
A. The unique shape of the lot prevents structure from being placed adjacent
to principal structure.
B. Insufficient width to allow an access drive to rear of property without
requiring the removal of the only mature trees on the property.
Page 1 of 4
C. Proposed location of the garage in the street yard is consistent with the
pattern of development for accessory structures within this neighborhood .
D. The .38 parcel is required to be developed under two acre zoning
standards.
E. The proposed improvement does not exceed the lot coverage allowance for
structural improvements proposed at 1882.4 s.f. or 12 .6% where 15% is
allowed.
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 .
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant 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 10.03, Subdivision 9 (D) and Section
10.28, Subdivision 5 (B), subject to the following conditions:
1. At the time of the final inspection for the proposed detached garage in the street
yard, the applicant shall obtain a demolition permit for the removal of the
accessory shed in the rear yard.
2. The proposed detached garage shall meet the required 10' side yard setback and
applicant shall provide natural plantings along south side of structure to minimize
impact upon residents to south. Applicant shall provide a planting schedule upon
application for building permit.
Page 2 of 4
3 . Authorities granted by this variance run with the property not with the applicant,
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 (June, 13, 1995).
4. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understands and hereby agrees to the terms
of this resolution and on behalf of herself, her 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 of Orono, Minnesota at a regular meeting
held on the 13th day of June, 1994.
ATTEST:
Dorothy M . Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner ( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of June,
1994 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 3 of 4
MINUTES OF THE ORONO PLANNING COMMISSION MEETING
HEW ON MAY 16, 1994 ·
(#10) #1927 MARY K. MCCARTY, 245 TONKA A VENUE -VARIAN CE -PUBLIC
HEARING
Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication
were on file with the City. Mabusth reviewed the staff report. Chair Schroeder noted
this was a public bearing. Dan Vaughn, 3440 Bayside Road, stated they had attempted
to replat Parcels 1 and 2 several years ago and the proposed development may adversely
impact their plans. He asked if 60' would be adequate distance from the applicant's
house and when they might build. Mary McCarthy responded that she is required to
meet the setback requirements for a two acre lot and she felt that she had done a good
job of designjng the house . Mabusth stated that the applicant has requested approval
based on the concept plan, but final house plans have not yet been drawn.
Chair Schroeder stated he felt that the applicant should submit formal plans because he
was not comfortable granting a variance for sometrung they haven 't seen. Commission
members noted that on many reviews formal plans are not drafted because applicants are
only seebng direction from the City.
It was moved by Rowlette , seconded by Nolan, to recommend approval of #1927 lot
area and rear setback variances for Mary K. McCarty at 245 Tonka Avenue because this
is in keeping with the surrounding neighborhood and the lot is very shallow and to allow
for preservation of existing mature trees. Ayes 6, nays 0.
(#11) #1928 SUZANNE K. WACKER, 1115 BROWN ROAD SOUTH -RENEWAL
VARIANCE -PUBLIC HEARING
Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication
were on file with the City. Mabusth reviewed the staff report. She noted that in the
previous review the shed in the rear yard was to be relocated to meet required setbacks
and with the current proposal the new owner plans the removal. She noted that the
applicant wished to expand the garage from 22' to 24' and that structure would encroach
no further into the street setback area. Chair Schroeder noted this was a public hearing,
but no one wished to speak.
It was moved by Nolan , seconded by Lindquist, to recommend approval of #1928
variance for Suzanne K . Wacker at 1115 Brown Road South subject to removal of the
shed in the rear yard prior to final inspection. Ayes 6, nays 0.
(#12) #1929 ALONZO B. SERAN, III, 4099 HIGHWOOD ROAD -VARIANCES -
PUBLIC HEARING
Gaffron reviewed the staff report and the request for area width, side setback and
hardcover variances, and discussed the drainage in the area. Mr. Seran was present and
stated that there is a significant amount of runoff onto his property from adjacent
properties located upstream, but he felt that he could manage it by doing some tiling and
7
(*#10)
rvrrNUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON JUNE 13, 1994
#1928 SUZANNE K. "\-V ACKER, 1115 BROWN ROAD SOUTH -
VARIANCE -RESOLUTION NO. 3438
It was moved by Hurr , seconded by Jabbour, to adopt Resolution No. 3438 approving #1928
variance for Suzanne K. Wacker at 1115 Brown Road South, as recommended by the Planning
Commission. Ayes 4, nays 0.
(#11) #1930 MARGARET P. COST, 255 BRffWN ROAD SOUTH -VARIANCE -
RESOLUTION NO. 3439
Mabusth reviewed the proposal and the Planning Commission recommendation. Margaret Cost
was present.
Hurr asked why there was not a shared driveway because the drop in elevation would make a
shared driveway the best choice for this area . Goetten concurred and stated she would like to
see both property owners work together to resolve this . Mabusth noted that the Council four
years ago had approved a separate access for this project and there was a resolution on file .
Margaret Cost stated she would prefer to have a separate driveway because the differences in
grade would make a driveway coming from her neighbor 's property extremely steep, and she
did not feel that was safe. She was also concerned about the neighbor 's children playing in their
driveway , and believed separate access for her property was the best solution for this property .
Discussion ensued regarding why the variance was needed based on the topography and the
wetland regulations. The building envelope was discussed and alternatives for the building
footprint were examined. The slopes were discussed and the maintenance of a 2 : 1 slope was
explained.
Adrian Kearney, 265 South Brown Road, stated he was concerned about the driveway and the
slopes. They felt that a smaller house would fit better on the site. He felt the proposed plan
was too aggressive a plan and the location of the driveway was very close to their property line.
He felt they should share a driveway access.
Kelley inquired if Mr. Kearney was aware of the subject lot when he purchased his property,
and Mr. Kearney responded that he had researched this area thoroughly prior to purchasing his
home. Mabusth stated that the driveway issue was settled four years ago and that co change the
access now to a shared access may result in both the Court and the City being placed m a
difficult legal dilemma with the current owner.
Goetten inquired if there would be any liability on the part of the City if the tributary should
flood and Mabusth responded that the house would be too high co be affected by any flooding .
6
To:
From:
Date:
Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
May 10, 1994
Jd-I I
Subject: #1928 Suzanne Wacker, 1115 Brown Road South -Variances -Public Hearing
Zoning District: RR-lB, Rural Residential, 2 acre minimum
Pertinent Ordinances
1. Section 10.03, Subdivision 9 (D) -Variance required for placement of accessory
structure in front of front line of principal structure. Accessory structure to be located
20' in front of principal structure.
2. Section 10.28, Subdivision 5 (B) -Front street setback.
Required = 50'
Proposed = 23 .1' (to edge of 33' right-of-way)
( 43' from traveled road)
Variance = 27.9' or 55.8%
3. Section 10.03, Subdivision 14 (C) -Lot coverage review.
Total lot area = 14,824.25 s.f.
Allowed = 2,223.6 s .f. or 15%
Proposed = 1,882.4 s.f. or 12.6%
No variance required .
Hardcover review not required as property is not located within 1,000' of the shoreline
of Lake Minnetonka or French Lake.
List of Exhibits
A -Application
B -Property Owners List
C -Plat Map
D -Original Development Plan
E -Proposed Plan
F -Resolution No. 3 3 72 Granting Approval of Renewal Variance in December, 1993
Description of Request
Applicant has filed an amended variance application seeking approval of a 24' x 20'
detached garage rather than the 22' x 20' approved by the City in December of 1993. The
Zoning File #1928
May 10, 1994
Page 2 of 2
detached garage will meet the required 10' side setback and will not extend any closer to the
front street line than the original proposal. The garage will extend closer to residence but meet
a 20' separation setback (10' required). An amended variance application was required as entire
structure is located within substandard 50' street setback.
Note with the current proposal the detached shed in rear yard will be removed.
Additional storage area will be provided in the proposed garage structure. Applicant's lot
coverage is at 12 .6%. Structural coverage is not an issue but applicant has decided to remove
shed in the rear yard . In the original reviews, the applicant had agreed to relocate shed to meet
conforming side yard setback.
The original findings and hardships set forth in the enclosed resolution remain relevant
for the current application.
lsv
~ (~d-&
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $200. 00
($50.00 per each additional variance)
Renewal Variance Fee $100. 00 ...:1,B;GW="
(no change from original application)
Variance for non-conforming structures $200. 00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address //1 S:: 012.u;J,.,/ @S .. 1 {MorvJ J<1 1/ 5539 I
1,{1:TV i"!L.° !1Ui1f>.hi
l..·,,4· I I UI L'I\L.'ITU
:"" ,.·t·r;.J .. '1i'l!r·r-ncr-r!-.L
I .1 ttMJTL•A-L11 I .L L•L.
Property Identification Number (P.I.D.) h ~ /17-2--=? 24 O{-Cl':J
Attach legal description to pplication if not included on required survey.
Date Property Acquired----''-'--"--C t_i ___,.ri.._O,;;;_-_,__,_" ~-.J.c.. ....... ____________ (month/year)
I (do) (do not) also own the adjacent parcels of land .
Present use of property: residential other (specify) ----------Zoning District: --------------------------
APPLICANT
Name 5uurrJA1~ k . ltJAac~J2.
Address: Ill£ f2fo 11Jr.J fdJ S .
OWNER (if different than applicant)
Name
Phone (home) 17'5" -23 ~ Y
Phone(work) 9-f{R -Lfl21 cJf 5'-I&-hut7
City: WOM) /.,1;7./ Zip:; 55'3??/
Phone(home) --------Phone (work) ------------------------Address: _____________ City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost$ -----,-----
Describe request in detail: 10 f3uiw ff OoutS/£ vmo1~) Ull21t?E &1lJaa 171,; S12<a;:r
4;1 11111 ltcJ<;C <Jfe 1J11-:-Fl'./0 ci; tlfE f}S/i1ttt.[O!Z.iVC
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
~Setback: _i_ Front l_Side Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify)-------------------------
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: ________________ _
{jµ(f73) :fJA ?{i' Otli.F 1o 0111 'flJ7t17cJtJ {)r 1101vg; (yJ --Jl,(E urr
(attach additional sheets if necessary)
7
REQUIRED SUBMITT ALS
All of the foil owing inf onnation 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' (you must obtain this list from
Hennepin County Department of Finance, A-603, Govt Center, 348-3271).
3. _.:1_ Plat Map ( obtained with property owners list).
4. 1/ Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8 1h II x 11 11 for
reproduction.
5. ~ Topographic survey (existing and proposed elevations) if any changes in existing grade
. are proposed. In addition, provide one (1) copy 8 1h II x 11" for reproduction.
6. _L_ Sketches or plans of floor & elevation views (provide one (1) copy 8Ih" x 11").
7. _ 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).
8. _ As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application.
9. _ Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied iszruand correct to the best of his/her knowledge.
Applicant's Signature _ ~ f: /;)~ Date >-/-JJ-C;f
I
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 Signature ~~ /(. ~ Date 1/-;;-;;. -1'(
(
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.
8
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RUN DATE 05/15/92
B·ATCH 006
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR .
PROP ADDR
OHNER NAME ·
TA XPAYER
NAME/ADDR .
PROP ADDR
Ol·INER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OHNER NAME
TA XPAYER
NAME/ADDR _.
38 10-117-23 13 0001
01000 · BRO~IN RD S
JAMES A ABBOTT
JAMES A ABBOTT
1753 REGATTA DR
FERNANDINA BEACH FL 32034
38 10-117-23 24 0005
01115 BROl'IN RD S
R & S BATZLAFF
RODNEY & SHARON BATZLAFF
1115 BROHN RD .S
~IAYZATA MN 55391
· 38 10-117-23 24 0008
01140 ~ULLOH DR S
DB LIESCH & CM L~ESCH
DAVID 'S & CARLA M LIESCH
1140 HILLOH DRS
. HAYZATA MN 55391
38 10-117-23 24 0033
01130 HILLOH DRS
S & D MCHILLIAMS
SHIRLEY & DORCAS MCHILLIAMS
1130 HILLOH DRS
CRYSTAL BAY MN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM .
PROPERTY Ol'INERS LIST
REPORT NO. PI435401
PAGE 15
38 10-117-23 24 0003
01085 BROMN RDS
JAMES S BURANEN JR
JAMES S BURANEN JR
PO BOX 121
EXCELSIOR MN ·55331
38 10-117-23 24 0006
01135 BROl'IN RD S
DA GLEH & PS GLEH
DUANE A & PATRICIA S GLEH
1135 BRO WN RDS
HAYZATA MN 55391
38 . 10-117~23 24 0011
01110 HILLOW DRS
CA SUESS & J J KEMNA
JAMES KEMNA/CANDEE ANN SUESS
1110 HILLOW DRS
~IAYZATA MN 55391
. TOTAL BATCH 006 00010
38 10-117-23 24 0004'
01105 BRO~IN RDS
ABIE J CHRISTENSON ETAL
ABIE J CHRISTENSON
1105 S BROl·IN RD
HAYZATA MN 55391
38 10-117-23 24 0007
01155 BROl~N RD S
PHYLLIS I SYMONIAK
PHYLLIS SYMONIAK
1155 BRONN RD S
CRYSTAL BAY MN 55323
38 10-117-23 24 0032
Oi l20 HilLOH DRS
S & D MCHILLIA MS
SHIRLEY & DORCAS MCHILLIAMS
1130 HILLOH DRS
CRYSTAL BAY MN 55323
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEN NEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO IHE BEST
OF MY KNOHLEDGE AND BELIEF.:.-./'~ *
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------·--· --
CITY of ORON O
RESOLUfION OF THE CITY COUNCIL
NO. 3 3 it 2
C . The proposed location of the garage in the street yard is consistent with
the pattern of development for accessory structures within this
neighborhood.
D. The . 34 acre parcel is required to be developed under two acre zoning
standards.
E. The proposed improvement does not exceed the lot coverage allowance for
structural improvements proposed at 1,802.4 s.f. or 12.5%.
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 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 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 applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND COI'.'DITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.03 , Subdivision 9 (D) and Section
10.28, Subdivision 5 (B), subject to the following conditions:
1. Prior to the footing inspection for the proposed detached garage in street yard,
applicant shall relocate accessory shed in rear yard to meet required 10' side
setback.
2. Proposed detached garage shall meet the required 10' side yard setback and
applicant shall provide natural plantings along south side of structure to minimize
impact upon residence to south .
Page 2 of 5
CITY of ORON O
RESOLUTION OF THE CITY COUNCIL
NO . 8 3 ~ ("
3. Authorities granted by ,this variance run with the property not with the applicant,
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 (December 13, 1994).
4 . Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein , and shall be punishable as a misdemeanor .
5 . The undersigned applicant has read , understands 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 of Orono, Minnesota at a regular meeting
held on the 13th day of December , 1993.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
December, 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 .
LINDA S. VEE ·
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My comm ission expires 8-12-96
Notary Public
Page 3 of 5
Form 5005 Disk
.. ··-·-·-------
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 'S ~ t;" ~
EXHIBIT A
A l l t ll a t p a r t o f Go v e r n m e n t L o t 6 , S e c t i o 11 1 0 , T o 1·111 s I 1 i p 1 1 7 , R a n g e 2 3 , d e -
s c r i b e d u s f o l l o 1-1 s : · l3 e g i· n n i n g u t il p o i 11 t o n t 11 e E il s t l i n e o f s a i d L o t G
dlstunt 725.02 feet S0utl1 of tl1e Nor t l1east corner thereof;· thence \·lest at
right c111gles to suid East line, u distance of 250.72 feet, more or less.
to an I n terse ct i on 1vi t 11 a 1 i 11 e d r a 1·111 f1 a r a I I e I 1-1 i t 11 il n d d i st il n t 2 1 6 . 6 9 feet
Mortt1castcrly from the center I inc of County Roucl No. 07; tl1ence Soutlleast-
e r I y a 1 o n g s a 1 d p a r a 1 1 e I I i n e a d i s t a 11 c e o f 4 7 . 9 5 f e e t ; t 11 e n c e d e f 1 e c t i n g
left an angle of 39 degrees und 45 minutes <1 distance of 234.2 feet, more
or less, to tile center line of County Roud No. 146; thence Northerly along
lust said center line to the point of beginning, Hennepin County, Minnesota.
Page 5 of 5
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Suzanne Wacker
1115 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING: 5/16/94
Variance
ZONING FILE #1928
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 5/24/94
COPIES TO:
VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Planning Commission recommended approval of the application as proposed. Applicant's next
scheduled meeting is confirmed at the City Council at their June 13, 1994. Please note that
meeting starts at 7:30 p.m. Prior to that meeting you will receive a copy of an approval
resolution per the findings and conditions of the Planning Commission recommendation . You
are asked to contact staff if you have any questions prior to the meeting.
ch
CITY OF ORONO -NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, May 16, 1994 on the matter of reviewing the following land use
applications :
1. #1895 Pat Wolfe , the owner of the property located at 2871 Casco Point Road, seeks
approval of after-the-fact hardcover , average lakeshore setback and lake setback variances
for the reconstruction of a shed located within his lakeshore yard .
2. #1904 Shelly and Eric Liljequist , owners of the property located at 3490 Birch Lane,
seek approval of a conditional use permit and variance for the complete reconstruction
of a residence to be located within the flood plain of Lake Minnetonka where no
residential construction is allowed .
3 . #1919 Ty Bucey of 2677 Casco Point Road seeks appro val of: side and street setback
variances to allow expansion of the roofline of the garage located on the property ; and
hardcover, lot coverage, lot area, lot width , building height and bluff setback variances
for construction of a new residence on the property ; and a conditional use permit and
variance for grading within 75 ' of the shoreline of Lake Minnetonka and within the
defined bluff impact zone.
4. #1925 Peter Bovee of 840 Old Long Lake Road seeks approval of setback variances to
allow the expansion of the roofline of the existing residence .
5 . #1927 Mark K. McCarty, the current owner of 245 Tonka Avenue, seeks approval of
a rear setback variance to construct a new residence on the undeveloped property.
6 . #J 928 Suzanne K. Wacker seeks approval of a 24 ' x 22 ' detached garage within the
street yard of the property located at 1115 Brown Road South that would require a street
setback variance and a variance that would allow the structure to be placed in front of
the residence structure on the property .
7 . #1929 Alonzo B. Seran, III , the owner of the property located at 4099 Highwood Road,
seeks approval of lot area, lot width , hardcover within the 75-250' setback area, average
lakeshore setback variance and side setback variance to allow the complete reconstruction
of a residence within the approximate footprint of the former residence.
8. #1930 Margaret P. Cost seeks approval of a setback variance from the protected
tributary that encroaches the property located at 255 Brown Road South and in addition
seeks approval of a variance that would allow a fence to be installed within a designated
wetland located adjacent to the Luce Line .
9 . #1931 Megan Tully and James McManus, owners of the property located at 1910
Shadywood Road, have applied for a conditional use permit and lakeshore setback
variance to allow the reconstruction of retaining walls within their lakeshore yard .
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1928 was mailed to the attached list
of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 2nd day of May, 1994.
-~ Jami~ osma
•1. ·--.-·.· . '.'.· ,,' .. ' • : •. -I ·~··,:-~-. . -'·~I
CITY OF ORONO. NOTICE'L·::: ·. Road, seeks approval of-lot a/ea, lot width .
. , .:. • ."i •. , •. ·< ·,rardcover witl)in ,the . 75-250' setback ,area .·
.. The Planning Commission .. will hold · 'average lakeshore setback variance. and side '
public hearings in the Council :Chambers at setback variance ·to . allow:; the 0comple1e l
2780 Kelley Parkway on Mo(lday;·,May 16 , ;.-reconstruction · of · a residence · wilhin the ·
1994 on the matter of reviewing the following '.,approximate.footprint of the forme( residence . i
land use applications : -·· · · · · · 8 . #1930 Margaret P. Cost seeks
1. #1895 Pat Wolfe , the owner of 1he approval of a setback var iance from . lhe
proper!Y located at 28~1 . Casco Point Road,, protected -tr ibutary , that encroaches the
seeks approval of after-the fact harcc6ver. · : property located at 255 Brown Road South '
average lakeshore setback and lake setback ·and in addition seeks approval ·ot a var iance ·
variances for the reconstruction of a shed that would allow a fence to be installed within a
located within his lakeshore yard . · · ,designated wetland located adjacent 10 · the
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent anq 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 331A.02, 331A.07, and other applicable
laws, as amended.
B.) The printed -=~=!1"4-;/'--1 ....... /k=(!"--"J ~'.,..i.µ.;.,C=-~c.L..f!J.t..l..l./iz'J:.l.t1 ~-:J:;._) _
· 2 . #1904 Shelly and Eric Liljequist, ··Luce Line . · J • • · • • • · •. ·.: · i• ·. ·'
owners of the property located at 3490 Birch ): >·9 .· #1931 . Mepan 'Tully· .a~d Jam~s: which is attached was cut from the COiumns Of said
Lane, -seek approval ·of a conditional use .-~cManus ;·owners o the property ·1ocated .at ;
permit . and . variance for. the .. complete C 1910 Shadywood Road. have applied fo r a ., newspaper, and was printed and published Once
reconstruction of a residence to be located . conditional us _e permit.and .lakeshore setb~ck 1 /
within the flood plain of Lake · Minnetonka "·?v ariance · ·to allow · the reconstruction '··of · each week for SUCCeSSiVe weeks:
where no residential construction is allowed .· . :'. retaining walls within their lakeshore yard ......
3 . #1919 Ty Buce11 of 2677 Casco Point ., . 10 . #1932 Orono School District #278.
Road . seeks ·approval of: side and street · located at 685 Old Crystal Bay Road North .
"Setba~,.varia.~s to affow expansion of .the ,.tl Jhas. applied for a conditional use permit ~nd ,
r roolhne;ol.the garage loc:ated o~tl)e property:/h y,ananc~ ).ha~. ~ould .allow ,,an ctx111,t,1 ng
·!_and hardcover,·-lot coverage ; ·101 area , lot · '·concession stand 'to be relocated on -an
·wid!n ?,building height ;and · bluff >'.setback .: ~existing cement slab . •The structure will not
variances ;l0< construction of a new residence ... meet the required setback of 50 ' from the west
on 'th'e "pr~perty; and a. conditional usii" permit ., ioi line·. ' '. -. . ·. .. . . .... ' ; ' ' : ·, .
and ·variance .. for _grading with in '75'-ot-"the ::;' .. •/} 11 . ·#1934 t RRH ·and Company , the
,shoreline oLLake Minnetonka and wit~i n the .. <Current owners of 710 Gander. Road , seek
defined .bluff impact zone .· : · ,11 ('.t!'' .l'1' '·· ' ·'-'approval of setback variances for both septic
•,. •. :,.,1~:!J.92~.J'eter. Bovee of 840 '01d Long and · new residential construct ion Jrom · the
. · La~~l f.l~~d ::-11eeks _·approval ·. 9.f;. ~~!back, . adj~cent Natural Environment lake;'.lhe ,uP,pe_r.,
(Ya.n~(l~~s .o,l';allo_w . the .. expansr11t1:;of . the -~ basin_ of F.rench Lake .• · .·., ·, ..• · • •
i,t 0(!ffl(18""0f~.t!(1Sbng residence."';f·i;;. .• ,: · !.1 '' All persons wishing to be heard will
· ;11,t'.;>.;t,;~t ll!l-.927.'.;:Mark K: McCarty,' the current _,,, appear at th is meeting . Written comments are ·
· t~net ;of..;~1;:1J.:onka :6,venue, seeks .·approval l solicited . Plans are. available in the _Ci~ offices
. ,c?f" ~ r~ar ~e!ba<;k :van.ance to· COf1S!'\!Ct;{l. 'W~.:? ..:for ,cevievt, .~Y_.iippomtmerit .. ~i111i .~ j•;!:.,iJ 1, .w · ; resrdenC'! on1he undeveloped properly. f ' p. · · . · ... • )• ··· ;.,., · , ,,·, . : •· · · ·, .. , .. ,s · :.r,~?;1 e:•t19~8 Suzanne -K.·Wacker -seeks ... 'cityofOrono'' ,--':, > ..
;approlr.!I of,a:24' x 22' detached garage within .·•. By::Plclnning Commission (~··;,, ,_.1 >,1! ;:~r:!.
fthe. sl(eeLy~.4·.of the property located .at 1115 : I . : " . : ; · · <
'Brown.Road .,So'uth that would require a 'street f', • Jeanne A. Mabusth · : · • ' ; j
· setback. variance and · a · variance that would '.. Building & Zoning Adm inistrator . ,·; ---·
allow the structure to be placed in _fr _Ot)I of the : .. • ·· · · : , : · · · · · . ,
, r~~~IJ,C8. atructu~~t OI'! lf14t,property,;i;\.,:f(ft }.'..·, , (Published in~;The 'Dikerand Pionee r'Ma y"2)'l
It was first published Monday,
the a tuf day of_-=-!l~-'-tf'---199i...
and was thereafter printed nd published every
Monday, to and including Monday,
the ___ dayof __ ~~----19 · &46;n,·
<· #1_929 Alonzo B. Seran, 111 ,_tl)e owner ·. 1994)' · · '
of .. t~e ~roperty loc.ated at .4,099 -~.ig~ood :; · ~ · • ·~ ,. . ',: · · __ :-:_; · • •. I Subscribed and sworn to me on this
By:
(1) Lowest c assi i rate paid by commercial users
for comparable space: $10.96 per inch. ·
(2) Maximum rate allowed by law for above matter~ $10.96.
(3) Rate actually charged for ~bove matter: $6.16 per inch.
Each additional successive week: $4.24.
To:
From:
Date:
Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
November 8, 1993
Subject: #1889 Rodney J. Batzlaff, 1115 Brown Road South -
Renewal Variances -Public Hearing
Zoning District: RR-lB, Rural Residential , 2 acre minimum
Pertinent Ordinances
1. Section 10.03, Subdivision 9 (D) -Variance required for placement of accessory
structure in front of front line of principal structure. Accessory structure to be located
22' in front of principal structure.
2. Section 10.03, Subdivision 15 (F) -Side yard setback for accessory structure.
Required = 10' *
Proposed = 8'
Variance = 2' or 20%
* 10 ' setback is allowed for structures less than 750 s.f. in area. Total area of
accessory structure is proposed at 440 s. f.
3. Section 10.28, Subdivision 5 (B) -Front street setback.
Required = 50'
Proposed = 23.1' (to edge of 33' of right-of-way)
43' (from traveled road)
Variance = 27.9' or 55.8%
4. Section 10 .03, Subdivision 14 (C) -Review of lot coverage .
Total lot area = 14,824.25 s.f.
Allowed = 2,223.6 s.f. or 15%
Proposed = 1,802.4 s.f. or 12.15%
Hardcover review not required as property is not located within 1,000 ' of the shoreline
of Lake Minnetonka or French Lake.
Zoning File #1889
November 8, 1993
Page 2
List of Exhibits
A -Current Application
A-1-1992 Application
B -Property Owners List
C -Plat Map
D -Survey
E -Floor Plan
F -Spec Sheet
G -Section
H -Council Minutes 7 /13/92
I Planning Commission Minutes 6/15/92
J Resolution No . 3138
Description of Request
Applicant has filed a renewal variance application for setback variances approved by
Council on July 13, 1992. Variance approval expired in July of 1993. Applicant has filed a
renewal application proposing no changes from the original application of 1992.
Applicant proposes installation of a 20' x 22' detached garage (review Exhibit D) within
the street yard of the residential property requiring front and side setback variances and a
variance to the section that would require placement of the garage in front of the front line of
the principal structure. The garage will be located 20' from the 33' defined county road right-
of-way and 43' from the traveled road. Doors face away from the street with turnaround
provided on site . The proposed structure has been located in an attempt to save two mature
trees within street yard . Lot coverage is maintained at 12 % . The City has once again received
no negative comments from the adjacent neighbors who originally signed off on the Neighbor's
Acknowledgement Form in the 1992 review.
The original variance application conditioned approval on the existing storage shed
located in the rear yard being relocated to conform to a 10' side setback. Applicant had agreed
to relocate structure at the time of the issuance of the building permit for the detached garage .
IIardship Statement
Please review Exhibits A and A-1. The hardships are reviewed as follows:
The shape of the lot prevents structure from being placed adjacent to principal structure
nor is there sufficient area to allow an access drive to rear of property without the removal of
mature trees. The garage shall be placed on site so that trees will not be threatened by
construction . The location of the proposed garage is consistent with setback variances approved
Zoning File #1889
November 8, 1993
Page 3
for adjacent neighbor for detached garage in street yard of property located at 1135 South Brown
Road.
Staff Recommendation
To recommend approval of the renewal variance application of Rodney J. Batzlaff,
subject to the findings and conditions of the original approval resolution, review Exhibit J.
lsv
. ' I>.'
~ l
... __ _,,,
CITY of ORONO
Mllllicipal Offices
Post Office Box 66
Crystal Bay, Minnesota 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 pennit 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.
,..,
,:....
3 .
4 .
5.
6.
The information you furnish will be used to determine your qualification for the
permit or license requested.
You may refuse to supply data, but refusal may require that the City deny the permit
or license.
The information may be shared with other local, state or federal agencies to the extent
necessary to process the permit or license .
If your requested permit or license reqmres Council action to approve, some
information may become public.
You have certain rights under M .S. 13.04 (see following page) to review private data
on yourself.
Your full name is required to process this application or permit.
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City
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TELEPHONE -4t8)"357 • FAX -473-0510
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Zip
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