HomeMy WebLinkAbout1741 scanned fileTo: Chairman Kelley and Planning Commission Members
Mayor Peterson and City Council
Ron Moorse, City Administrator
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: June 9, 1992
5
Subject: #1741 Rodney J. and Shannon K. Batzlaff -1115 Brown
Road South -Variance -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 1
Variance= 2' or 20%
10' setback is allowed for structures less than 750
s.f . in area. Total area of accessory structure is 440
s.f.
3. Section 10.28, Subdivision 5 ( ) -Front street setback.
Required= 50'
Proposed= 20' (edge of 33' of right-of-way)
43' (from traveled road)
Variance= 30' or 60%
4. Section 10.03, Subdivision 14 (C) -Review of lot coverage.
List
Note hardcover standards are not pertinent to this review as
property is not located within 1,000' of the shoreline of
Lake Minnetonka or French Lake.
Total lot area= 14,824.25 s.f. (approximately)
Allowed= 2,223.6 s.f. or 15%
Proposed= 1,802.4 s.f. or 12.15%
No lot coverage variance is required.
of Exhibits
A -Application
B Property Owners List
C -Plat Map
D -Adjacent Property Owners Acknowledgement Form
E -Work Sketch/Site Plan
F -Spec Sheet
G -Section
H -Proposed Site Plan
I -Existing Survey
Zoning File #1741
June 9, 1992
Page 2 of 2
Description of Request
Applicant proposes the installation of a 20' x 22' detached
garage within the street yard of the residentia 1 property
requiring setback variances and a variance to the section that
would require placement of a detached garage to be placed either
at or behind front line of principal residence. The garage is
placed 20' from the actual County Road right-of-way and 44' from
the traveled road. Doors face away from the street with
turnaround provided on site. The proposed structure is to be
located in between the two mature trees . Lot coverage is
maintained at 12%. The City has received no negative comments
from the two adjacent neighbors who have signed off on the
Neighbors Acknowledgement Form.
Hardship Statement
Please review Exhibit A, Applicant's Addendum. 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
tree. The garage shall be placed on site so that trees will not
be threatened by construction. Garage is consistnet with
variances approved for adjacent neighbor for detached garage in
street yard at property located at 1135 South Brown Road.
Options of Action
Approval as proposed,
OR
Approval as amended,
OR
Denial.
If this application is approved, the City must ask that the
proposed 20' x 22' detached garage be designated on a legal
survey of the property prior to scheduling the application before
the Counci 1.
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Zoning File #1741
July 2, 1992
Page 3
Additional Comments and P l annin g Commission Recommendation
Additiona l Exhibit
J -Amended Survey
The applicants have provided an amended survey placing the
proposed structure on the property. Note side setback remains at 8 1
but street setback is improved from 20' to 23.1'. Revised setback
facts are as follows:
Required= 50'
Proposed= 23.1'
Variance= 27'9" or 55 .8%.
The Planning Commission advised the applicant that in
recommending approval of the variance as proposed, approval is
conditioned on the existing storage shed located in rear yard being
relocated to conform to 10' side setback. Applicants agreed with the
recommendation of the Planning Commission.
Planning Commission members accepted the hardship statement of
applicants and unanimously approve the proposed variances as requested
by the applicants . The enclosed approval resolution has been drafted
per the Planning Commission's recommendation .
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p Certificate of Survey for
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in Gov 1 t Lot 6, Section 10-117-23
Hennepin County, Minnesota
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r LEGAL DESCRIPTION OF PREMISES SURVEYED :
All that part of Government Lot 6, Section 10, Township 117, Range 23, de-
scribed as follows: Beg}nning at a point on the East line of said Lot 6
distant 725.02 feet South of the Northeast corner thereof; thence West at
right angles to said East line, a distance of 258.72 feet, more or less.
to an intersection with a line drawn parallel with and distant 216.69 feet
Northeasterly from the center line of County Road No. 87; thence Southeast-
erly along said parallel line a distance of 47.95 feet; thence deflecting
left an angle of 39 degrees and 45 minutes a distance of 234.2 feet, more
or less, to the center line of County Road No. 146; thence Northerly along
last said center line to the point of beginning_
Note: Because of the various ways this section has been subdivided over
the years, it may be necessary to judicially establish the boundaries to
be certain of their loc a tion.
• iron marker found
o Iron marker set
Bearings shown are based upon an assumed datum.
I herl'by Cl'rtify thill lhis survey Wi1S prep il red by me or under my dirL'C l super-
vision, ilnd !hilt I ilm i1 dul y registcrl'd Civil Engineer ilnd Lilnd Surwyor undL'r
the lilws of the Stille of Minnesolil.
DATE -5 _ 1 8 -9 2 _
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Milrk S. Gronberg Minnesotil License NumbL·r 12 755 JOU NO. 9 2 -2 0 6
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CITY OF OROOO NOTICE .I • . . .I ''-r;,: 1>ian'nr~ eo~1,fu'1on i..m hold ·
public Mllrings In the Council Chambers ar ·1· 1275 South Brown Road on Monday, June
15, 1992 on the matt8' of reviewing lhe
following land use awlicalions: .
1) •1739 Albin J. Nelson of 500 Oxford
Road, seeks approval of a conditional use
P8'mit for land alt8'aliona involving lhe
· removal of retaining walls and lhe placing of /
lil_ln _exce~ of _100 cubic yards adjacent ID an ,
eX11ang IW!ITVTllng pool._·; · ~, . . -;
· . 2) .'17.CO Steven M. Harris of 3850 1
Warenown Road, has applied Jor a renewal :
conditional use pe,mit wtidl WOUid alow lhe '
Installation of a pond wilhin his residential
Property. . , . .. . . -. ,
' ., 3) . •11.c 1 Rodney J. and Shanon K. ,
Batzlaff of _ 111 s Brown fload South, seek .
approval of variances · for a propoaed
· detached garage meuurlng •-2-4'X22' j
requiring a side aetback variance and a j
variance that would allow the detached ·,
structure, ID be installed in front ol lhe front
· · 11ne of the principals~. -,--. · :. · -I
:~_-4) '17-42.lamesandAmylaingofSOO /
Orono Orcharcl Road, leek approval of llree! I
setback and rear yard variance, for a ·
proposed family room and garage addition.
SJ •17-4-4 Donald Helgag8' of 3265 Sixlh
Avenue North, seeks approval of a setback
variance for a rear yard feoce that shall be
located within lhe 1 SO' required setback area
for all structures from a natural environment
lake, ' . .. ~-. . .
8)" •11.cs David R. Carlson of 820 Big
Island, seeks. approval of lakeshore setback
and hardcov8' variances within the 0-75' and
75-250' setback area for remodeUng and a
~eek addition to ~ seasonal cabin . Proposed
improvements w1I require review of existing
on-site sewage treatment facility and
conformance to the r~quired standards.
Applicant has also applied for variances to
the recreational seasonal code seeking
approval of an alternate waste treatment
device. for septic wastes and a holding tank
for containment of a gray water.
All persons wishing to be heard will
appear at this time. Written comments are
solicited. Plana are available for review in the
City offices for review by appointment
. . City of Orono ·' .'· ·:,_, -.
By: Planning Commission
~:. · . ·. : · . Jeanne A. Mabuath i
. Building & Zoning Administrator .
Md tu::;~. t~:~ ~~:}7~. :~r~ 'Laker I
Affidavit of Publication
State of Minnesota. County of Hennepin .
Bill Holm. being duly sworn . on oath says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER . Mound. Min-
nesota, and has full knowledge of the facts which are
stated below:
A.) The newspaper has complied with all the require-
ments constituting qualifications as a qualified
newspaper. as provided by Minnesota Statute
331 A .02, 331 A .07, and other applicable laws . as
amended .
8 .) The printed
which is attached was cut from the columns of said
newspaper, and wJs printed and published_ once each
week for successive weeks :
It was first published iday, .
the /d day of !?!/ ,,j~
and was thereafter pritrtectand published every
Monday, to and including Monday,
the __ day of
e KRISTI HOLM
NOTARY PUBLIC -MINNESOT~
HENNEPIN COUNTY
My commission expires 7-10-97
Subscribed and sworn t
/d
By:
19_;
1cl~ .
Notary Public
Rate Information
(1) Lowest classified rate paid by commercial users for com par·
able space : $10.76 per inch. .
(2) Maximum rate allowed by law for above maner. $10.76.
(3) Rate actually ct:iarged 10< a~e man~r: $5.84 per inch.
Each addinonal successive week . $4.02.
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mr . & Mrs. Rodney J. Batzlaff
1115 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
DATE OF MEETING: July 13, 1992
COUNCIL ACTION -MOTION:
APPLICATION NO. 1741
NOTICE OF COUNCIL ACTION
Date of Notice: 7/21/92
COPIES:
VOTE: 4 For O Against
To approve per the findings and conditions of the resolution
previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City
Offices (Monday through Friday, 8:00 to 4:30). All persons with an
interest in the property must sign the resolutions.
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. Building permit application must be submitted no later
than July 13, 1993.
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RUN DATE 05/15/92
B·ATCH 006
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
O~INER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER ,NAME
TAXPAYER
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 BROWN RDS
R & S BATZLAFF
RODNEY & SHARON BATZLAFF
1115 BROWN RD S
WAYZATA MN 55391
38 10-117-23 24 _0008
01140 WILLOW DRS
D B. LIESCH & C M L'IESCH
DAVID 'S & CARLA M LIESCH
1140 WILLO~ DRS
WAYZATA MN 55391
38 10-117-23 24 0033
01130 WILLOW DRS
S & D MCWILLIA MS
SHIRLEY & DORCAS MCWILLIAMS
1130 WILLOW DRS
CRYSTAL BAY MN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 15
38 10-117-23 24 0003
01085 BROWN RDS
JAMES S BURANEN JR
JAMES S BURANEN JR
PO BOX 121
EXCELSIOR MN ,55331
38 10-117-23 24 0006
01135 BROI~ RD S
DA GLEW & PS GLEW
DUANE A & PATRICIA S GLEW
1135 BRO WN RDS
WAYZATA MN 55391
38 10-117-23 24 0011
01110 WILLOW DRS
CA SUESS & J J KEMNA
JAMES KE MNA/CANDEE ANN SUESS
1110 WILLOW DR S
WAYZATA MN 55391
TOTAL BATCH 006 00010
38 10-117-23 24 000~
01105 BRO~'N RDS
ABIE J CHRISTENSON ETAL
ABIE J CHRISTENSON
1105 S BROWN RD
WAYZATA MN 55391
38 10-117-23 24 0007
01155 BROWN RDS
PHYLLIS I SYMONIAK
PHYLLIS SYMONIAK
1155 BRO WN RD S
CRYSTAL BAY MN 55323
38 10-117-23 24 0032
Oil20 WilLOW DRS
S & D MCWILLIAMS
SHIRLEY & DORCAS MCWILLIAMS
1130 WILLOW 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 HENNEPIN COUNTY DEPARTMENT OF PROPERJY TAXATION, TO IHE BEST
OF MY KNOWLEDGE AND BELIEF.:,,(·./
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Adjacent Property OWners' Acknowledgement Form
[print name(s)]
.D11aV\e Gt~ I (we) of // :ss-'S' -e,iq \.A/ V\
[print address]
have reviewed the plans for~~ pr::,osed)-mprovement or proposed use of the
property located at //1-.:J S d._/bt.J,4 J?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 use
requires Council approval.
Property Owner Date
Pr~ Date
**************************************
I (we) thr'ISiensoo of / [1)5 s. Bre)Wf\ lbl .S
[ print name ( s)] [print address]
have reviewed the plans f::._r th~ose~~m~ovement or proposed use of the
property located at l I (6 S ~O ld -~ also referred to as Land Use
Application No.
I (we) understand that in executing this acknowledgement, I (we) am
(are) not asked to declare-approval or disapproval of the property or use
but merely to confirm for the City Council that I (we) am (are) aware of
the improvement plans and that the proposed neighbor's project or use
requires Council approval.
Property Owner ~ Date ,_ ': ---y
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 ~uilding &
Zoning Office at least 10 days prior to the scheduled meeting date.
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Certificate of Survey for
Rodney & Shannon Batzlaff
in Gov 1 t Lot 6, Section 10-1 17-23
Hennepin County, Minnesota
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LEGAL DESCRIPTION OF PREMISES SURVEYED:
All that part of Government Lot 6, Section 10, Township 117, Ra nge 23, de-
scribed as follows: Begtnning at a point on the East line of s aid Lot 6
distant 725.02 feet South of the Northeast corner thereof; th e n c e West at
right angles to said East line, a distance of 258.72 feet, mor e or less.
r
to an intersection with a line drawn parallel with and distant 216.69 feet
Northeasterly from the center line of County Road No. 87; thenc e Southeast-
erly along said parallel line a distance of 47.95 feet; thence d eflecting
left an angle of 39 degrees and 45 minutes a distance of 234.2 fe et, more
or less, to the center line of County Road No. 146; thence Nort he rl y al o ng
·last said center line to the point of beginnin g .
Note: Because of the various ways this section has been subdi v i d ed o ve r
the years, it may be necessary to judicially establish th e boun dar i e s to
be certain of their location.
• iron marker found
o Iron marker set
Bearings shown are based upon an assumed datum.
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I hereb y certify thJt thi s s ur vey WJ S prq.1Med by me o r under my di rL'C t su per-
vision, Jnd thJt I Jill J duly registered Civil Engineer Jnd LJnd Sur veyor under
the laws of the Stall' of Minnesota .
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Mark S. Gronberg Minnesota License Number 12755 JOU NO 9 2 -2 0 6
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Certificate of Survey for
Rodney & Shannon Batzlaff .
in Gov't Lot 6, Section 10-117-23
Hennepin County, Minnesota
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LEGAL DESCRIPTION OF PREMISES SURVEYED:
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All that part of Government Lot 6, Section 10, Township 117, Range 23, de-
scribed as follows: 'Begtnning at a point on the East line of said Lot 6
distant 725.02 feet South of the Northeast corner thereof~ thence West at
right angles to said East line, a distance of 258.72 feet, more or less.
to an intersection with a line drawn parallel with and distant 216.69 feet
Northeasterly from the center line of County Road No. 87; thence Southeast-
erly along said parallel line a distance of 47.95 feet; thence deflecting
left an angle of 39 degrees and 45 minutes a distance of 234.2 feet, more
or less, to the center line of County Road No. 146; thence Northerly along
last said center line to the point of beginning.
Note: Because of the various ways this section has been subdivided over
the years, it may be necessary to judicially establish the boundaries to
be certain of their location.
• iron marker found
o Iron marker set
Bearings shown are based upon an assumed datum. \
I hereby certify that this survey was prepared by me or under my direct super-
vision, and that I am a duly registered Civil En gineer and Land Surveyor under
the laws of the State of Minnesota.
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Mark S. Gronberg Minnesota License Number 12755 JOB NO. 9 2 -2 Q 6
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mr. & Mrs.Rodney J. Batzlaff
1115 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: June 15, 1992
ZONING FILE 11741
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: June 22, 1992
COPIES TO:
VOTE: 5 For Against
Planning Commission recommends the following:
The Planning Commission recommended approval of the your application as
proposed subject to your submitting a revised survey showing proposed
20'x22' detached garage confirming setbacks for Council's final action.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is dependent upon receipt of amended
survey. Deadline for the July 13, 1992 meeting is July 6, 1992 or July
20th for the July 27th meeting of the Council.
Please contact my office if you have any questions pertaining to the
directives noted above.
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DATA PRIVACY ADVISORY
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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 •
. -~Y ou 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 to review private
data on yourself.
6. Your full name is required to process this application or
permit.
First
//IS
Address
WAYZ.4TA-
City
'-/76-0.33/
Phone
Middle
R.oA'b
State
'2?A,Z-LAFF
Last
553<:jl
Zip
Wo.e K. S(o(J-2200
I understand my rights as stated above.
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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 #1741, was mailed to the attached list
of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 1st day of June, 1992.
Jam~
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers
at 1275 South Brown Road on Monday, June 15, 1992 on the matter of
reviewing the following land use applications:
1. #1739 Albin J. Nelson of 500 Oxford Road, seeks approval of a
conditional use permit for land alterations involving the removal of
retaining walls and the placing of fill in excess of 100 cubic yards
adjacent to an existing swimming pool.
2. #1740 Steven M. Harris of 3850 Watertown Road, has applied for a
renewal conditional use permit which would allow the installation of a pond
within his residential property.
3. #,1741 Rodney J. and Shanon K. Batzlaff of 1115 Browh Road South, seek
approval of variances for a proposed detached garage measuring 24'x22'
requiring a side setback variance and a variance that would allow the
detached structure to be installed in front of the front line of the
principal structure.
4. #1742 James and Arny Laing of 500 Orono Orchard Road, seek approval of
street setback and rear yard variances for a proposed family room and
garage addition.
5. #1744 Donald Helgager of 3265 Sixth Avenue North, seeks approval of a
setback variance for a rear yard fence that shall be located within the
150' required setback area for all structures from a natural environment
lake. ·
6. #1745 David R. Carlson of 620 Big Island, seeks approval of lakeshore
setback and hardcover variances within the 0-75' and 75-250' setback area
for remodeling and a deck addition to a seasonal cabin. Proposed
improvements will require review of existing on-site sewage treatment
facility and conformance to the required standards. Applicant has also
applied for variances to the recreational seasonal code seeking approval of
an alternate waste treatment device for septic wastes and a holding tank
for containment of a gray water.
All persons wishing to be heard will appear at this time. Written comments
are solicited. Plans are available for review in the City offices for
review by appointment.
City of Orono
By: Planning Commission
Jean~Mabusth · '-_i;;..c-/J
Building & Zoning Administrator ·
To be published the week of June 1, 1992 .