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Applicant:
TRACKING SHEET
FILE NO. 0/-a(vJ'/
Staff: ------
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Address: · / :Jb6 6t-o cDn · leJJ . S.
Meeting with Staff:
Date Application Completed: 5 , c).I -01
Incomplete Notice Sent:
Date Property 0'N1.1ers Notified: m"'7 -oJ
Date Legal Notice Published: u --~ ,.o I
PC Meeting(s): b-(t'-(1/
Notice of PC Action: lo -· ( q -0 \ ---=---------
City Council Meeting(s): &, , c>S -· 0 I
D Resolution
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•,
STATE OF MINNESOTA)
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of#Ol-2681, as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 7th day of JUNE, 2001.
~-
Denise M. Leskinen
ORONO PLANNING COMMISSION
Monday June 18, 2001, 6:30PM
2750 Kelley Parkway -Council Chambers
AGENDA
Council Representative: Robert Sansevere
AUDIENCE MEMBERS:
Please sign in for the public record at the front podium if you wish to address the
Planning Commission. Applicants will be asked to move to the front table to answer
questions when the Chair announces the application. The Planning Commission is
an advisory body to the City Council. If action is taken on any items on this agenda,
they will be scheduled for the July 9, 2001 City Council meeting unless otherwise
noted by the Chair.
NEW BUSINESS
Review of these items will commence before or between scheduled public hearings.
1. #01-2682 Timothy F. Olsori, 2510 Old Beach Road, Conditional Use Permit
(Staff: Wendy Bottenberg)
2. #01-2683 Rick Benson, 776 North Brown Road, Variance
(Staff: Wendy Bottenberg)
3. #01-2680 Rick Windenburg & Shirley Hendrickson, 3200 North Shore
Drive, Variance (Staff: Wendy Bottenberg)
4. #01-2681 Roger A. Day, 1205 South Brown Road, Variance
(Staff: Wendy Bottenberg)
5. #01-2684 Teresa Koch, 2225 Bayview Place, Variance
(Staff: Wendy Bottenberg)
6. #01-2685 John Culliton, 1131 Wildhurst Trail, Conditional Use Permit
(Staff: Wendy Bottenberg)
7. #01-2686 Suzanne and Terry Johnson, 543 Park Lane, Variance
(Staff: Wendy Bottenberg)
SCHEDULED PUBLIC HEARINGS 7:30 PM
8. #01-2688 Kirtland C. Woodhouse, 2780 Kelley Parkway, R earrangement o f
Common Property Lines (Staff: Wendy Bottenberg)
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, June 18, 2001, beginning at 6:30p.m. on the matter of reviewing the following
land use applications:
1. #01-2680
2. . #01-2681
3. #01-2682
4. #01-2683
5. #01-2684
6. #01-2685
7. #01-2686
Rick Windenburg and Shirley Hendrickson, 3200 North Shore Drive,
request a variance to permit 3,218 s.f. (31.4%) hardcover within the 75-250
lakeshore setback where 2,518 s.f. (24.6%) exists and 2,555 s.f. (25%) is
allowed for construction of a 27' X 24' garage attached to the existing house.
Roger A. Day, 1205 South Brown Road, requests a variance to permit an
encroachment into the 50' side yard adjacent to a street setback to Lakeview
Avenue for a 6' X 16' kitchen addition to the rear of the house.
Timothy F. Olson, 2510 Old Beach Road, requests a conditional use permit
to permit construction of a 20' X 24' storage building on a through lot.
Rick Benson, 776 North Brown Road, requests a variance to permit
replacement of a deck encroaching into the established average lakeshore
setback for structures.
Teresa Koch, 2225 Bayview Place, requests variances to lot area (7,515 s.f.)
and width (50') requirements to permit redevelopment of a non-conforming
lot located within the LR-IC zoning district where 21,780 s.f. of area and
100' of lot width is required; and a variance to permit 314 s.f. ( 42%)
hardcover within the 250-500' lakeshore setback where 35% is allowed to
provide additional surface area for a driveway.
John Culliton, 1131 Wildhurst Trail, requests a conditional use permit to
permit land alteration on the property in excess of 500 cubic yards.
Suzanne and Terry Johnson, 543 Park Lane, requests variances to permit the
addition of a new garage and foyer 18' from the front property line, and add
a screen porch to the lakeside of the residence within the average lakeshore
setback requiring variances to permit hardcover alterations over 25% in the
75-250' lakeshore setback.
...
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249 -4600
Fax (952) 249-4616
~-
The Plann i ng Commission will hold
public hearings in· the Council Chambers at
2780 Kelley Parkway on Monday, June 18,
200, beginni ng at 6:30 p.m. on the matter of
reviewing the following land use appl ications:
1. #01 ,2680 Rick Windenburg and
Shi rley Hendrickson, 320·0 · N_orth · Shore
Drive, request a variance to permit 3,218 s.f.
(31.4%) . hardcover within the 75-250
lakeshore setback where 2,518 s .f . (24 .6%)
exis ts and 2 ,555 s:t. (25%) .is allowed for ·
construction of a 27'X24' garage attached to.
the existing house.
2. #O'l -2681 .Roger A. Day, 1205 South
Brown Road, requests a variance to permit
an encroachment into the 50' side yard
adjacent to a street se.tback to Lakev iew
Avenue for a 6'X16.' kitchen addition to the
rear of the house .
3. #01 -2682 Timothy F. Olson, 2510
Old Beach Road, requests a conditional
use permit to permit construction of a 20'X24'
storage bu ilding on a through lo t.
4. #01-2683 Rick Benson, 776 North
Brown Road , requests a variance to permit
replacement of a deck encroaching into the
established average lakeshore setback for
structures.
5. #01-2684 Teresa Koch. 2225
Bayview Place, requests varianc ~s to lo t '
area (7 ,515 s.f .) and width (50 ') requirements ·
to permit redevelopment of a non -conforming .
lot located within the LR-1C zon ing district '
where 21,780 s.f. of area and 100' of lot width ·
is required ; and a variance to permit 314 s.f.
( 42%) hardcover within the 250-500'
lakeshore setback wtiere 35% is allowed to .
provide addi t ional surface area for a
driveway . · ·
6 . #01 -2685 . John Culliton , 11.31
Wildhurst Trail, requests a conditional use
permit to permit land alteration on the
property in excess of 500 cubic yards.
7 . #01-2686 Suzanne 'and T~rry
Johnson, 543 Park Lahe , requests
variances to permit the addition of . a new ·
garage and foyer 18 ' from the front property ·
line, and add a screen porch to the lakeside
. ··~::
Affi Jv it of Public ation
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
· 01 the residen~ within the average 1akestiore ... : Statute 331 A-02 331 A.07 and other applicable
. setback requmng variances to permit .,. , ' '
hardcover alterations over 25% in the 75 -250 ' ... laws, as amended.
lakeshore setback . , ,. . f'. • .• j
All persons wishing to be hea rd a re .• :I
encouraged to attend this meeting . Written · I B.) The pr!nted Land Us e Applications
comments are accepted and shall be
submitted to the City of Orono by June 1.4,. ·
2001 . Plans are availab le in the City Offices.
For an appointment , please call (952) 249-
4600 . ·
City of Orono
By : Planning Commiss ion
Paul Weinberger
Zoning Administrator/Plann er
Published in The Laker and Pioneer
June 2, 2001)
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 2nd day of __ J_u_n_e ____ 20QL,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of 20_;
~edAgent
Suscribed and sworn to me on this
KRISTI HOLM
NOTARY PUBLIC . MINNESOTA
My Ccmnialcn Expires~. 31, 2005
Rate Information
(1) Lowest classified rate paid by commercial use rs
for comparable space : $15 .00 per inch .
(2) Maximum rate allowed by law for above matte r: $15.0 0.
(3) Rate actually charged for above matter : $7.73 per inch .
Each additional successive week : $5 .62 .
MINUTES OF THE
ORONO CITY COUNCIL :MEETING
October June 25, 2001
(Baywind Church, Continued)
Flint stated he is hesitant to reduce the seats of capacity to 2.5 since it would require a great deal more
of blacktop .
Gaffron stated a shared parking arrangement would be the perfect solution. Gaffron stated the 4 seats
of capacity applies to all churches within the City and not just the B-4 District. Gaffron stated the
parking standard for other uses in the B-4 District depends on the use.
Nygard stated he would like to encourage the local businesses and churches to assist each other out
with parking, which \VOuld help to reduce the amount hardcover needed . N ygard stated in his view
there might be times when the seating capacity at the church exceeds 200 . Nygard indicated the
parking issue is part of the conditional use permit and can be reviewed on an annual basis.
Pastor Heckal noted the attendance at their church has declined over the past few months and that in
his view the 4 seats of capacity would be appropriate .
It was the consensus of the City Council that performance standard #5 requiring one parking space be
provided for each 4 seats of capacity was appropriate.
It was the consensus of the City Council that performance standard #6 utilizing the language
"Religious Institutions and Facilities" was appropriate .
Mayor Peterson noted the City Council unanimously concurs with the recommendations of the
Planning Commission and that parking will need to be addressed further as part of the conditional use
permit.
Wells indicated the church will be encouraging car pooling.
White moved , Sansevere seconded, to approve and adopt ORDINANCE NO. 204,
Second Series, an Ordinance Amending Chapter 10 of the Orono Municipal Code by Amending
Section 10.43, Subdivision 4, Adding "Religious Institutions and Facilities" to the List of
Allowing Conditional Uses in the B-4 Zoning District.
Nygard complemented the Planning Commission on the fine job they did regarding this application .
Flint requested the record to reflect that he would like the City to consider requiring some type of
fencing in addition to the requirement concerning the setback for parking areas to residentially zoned
properties for all areas of the City.
VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0.
*(#5) #01-2681 ROGER A. DAY, 1205 BROWN ROAD SOUTH, VARIANCE, RESOLUTION
~o. 4664
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4664, a Resolution
granting variances to setback to permit a kitchen addition and porch for Roger A. Day,
1205 Brown Road South. VOTE: Ayes 4, Nays 0.
. .
PAGE6
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
612-249-4600
TO: Roger A. Day
1205 Brown Road South
Long Lake , MN 55356
COPIES:
TYPE OF APPLICATION: Variances
DATE OF MEETING: 6/25/2001
COUNCIL ACTION -MOTION:
ZONING FILE# 01-2681
NOTICE OF CITY COUNCIL ACTION
DATE OF NOTICE: 6/26/2001
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
Thursday 7:30 AM -5:00 PM and Friday 7:30 AM-11:30 AM). All persons with an interest
in the property must sign the resolutions.
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 June 25 ,
2002.
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 Date:
60 Day Deadline:
5/21/01
7/18/01
REQUEST FOR COUNCIL ACTION
Department Approval:
Name Wendy Bottenberg
Title Zoning Adminstrator/Planner
Item Description: #01-2681 Roger Day
1205 Brown Road South
Variances
DATE: 6/19 /01
ITEM NO.:
Agenda Section: Zoning
Zoning District:
Lot Area:
RR-lB
7,996 s.f.
One Family Lakeshore Residential District (2 acre)
(.184 acre)
List of Exhibits:
A Resolution
B Staff Report and Exhibits of 6/18 /2001
Application Summary: The applicants requests a variance to permit construction of a 16' x 6'
(96 s.f.) addition to the rear of the existing residence and a 12' x 6' (72 s.f.) porch to the front of the
residence. The existing residence was constructed in 1953 prior to the adoption of the zoning
ordinance . Required setbacks for the property are 50' from Lakeview A venue (side adjacent street),
50' from the rear lot line and 30' from the side lot line.
Variances requested are to permit the kitchen addition to be located 20' from Lakeview A venue
where 50' is required and 22' from the side lot line where 30' is required and permit the porch to be
located 23 .2' from Lakeview A venue where 50' is required.
Surrounding Properties:
The property is located in the Crystal Bay neighborhood where most lots are similar in size and
dimension to the applicant 's property . A platted , but undeveloped , alley is located immediately west
of the property. The City of Orono has no intension to open the alley for construction of a public
right of way. The alley is used for utilities (overhead electric poles).
Hardship:
The residence was built 3 .5' and 6 .85' from Lakeview Avenue in 1953 before the 50' setback for new
construction was adopted. And 8.5' and 9 .2' from the side lot line before the 30' setback for new
construction was adopted . No addition could be placed on the house without requiring variances.
The existing floor plan favors placing the kitchen where it is proposed on the plans.
Typically , staff will recommend a minimum 10' setback for lots under Yz acre in the RR-lB , two acre
zoning district.
Lot Coverage:
The property is allowed 1,500 s.f. of structural coverage. The total structure would be 1,083 s.f. No
variances are required for lot coverage or hardcover.
1. Section 10.28, Subd 5 (B): Side Yard Adjacent Street Setback: The minimum requirement
shall be observed for side yard adjacent street setback: 50 feet. To permit a residential addition to
be 20' from the side yard adjacent street property line where 50' is required.
2. Section 10.28 , Subd. 5(B): Side Yard Adjacent Street Setback: The minimum requirement shall
be observed for side yard adjacent street setback: 50 feet. To permit a porch to be 23.2' from the
side yard adjacent street property line where 50' is required.
3. Section 10.28, Subd. 5 (B): Side Yard Setback: The minimum requirement shall be observed
for side yard setback: 30 feet. To permit a residential addition to be 22' from the side lot line where
30' is required.
PLANNING COMMISSION:
The Planning Commission recommended by a 7 to O vote to:
Approve the variances as requested .
STAFF RECOMMENDATION:
To approve the enclosed resolution.
COUNCIL ACTION REQUESTED:
To adopt or amend the enclosed resolution.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (B),
FILE NO. 01-2681
WHEREAS , Roger A. Day , (hereinafter "the applicant") is the owner of the property
located at 1205 Brown Road South within the City of Orono (hereinafter "the City") and legally
described as follows:
Lot 1, Block 1, Maxwell 's Addition to Crystal Bay Lake Minnetonka, Hennepin
County , Minnesota (hereinafter "the property"); and
WHEREAS , the applicant has applied to the City for variances to Municipal Zoning
Code Section 10.28 , Subdivision 5 (B) to permit a 16' X 6' residential kitchen addition to the rear
of the existing residence located 20' from Lakeview A venue where 50' is required and a 22' setback
to the side property line where 50' is required ; and Section 10.28 , Subdivision 5 (B) to permit a 12'
x 6' porch to the front of the existing residence located 23 .2' from Lakeview A venue where 50' is
required .
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 June 18 , 2001, 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 #01-2681.
2 . The property is located in the RR-lB , Single Family Rural Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on June 18, 2001 and
recommended approval by a vote of 7 to 0.
Page 1 of 5
4. The Planning Commission made the following findings of fact:
A. The property was developed in 1953 prior to the adoption of the zoning
ordinance.
B . The existing house is located 3 .5' and 6.85' from Lakeview Avenue and 8.5'
and 9.2' from the side lot line.
C . The setbacks on the property leave a minimal building pad that could not be
used for additions to the existing structure.
D. The property is located in the Crystal Bay neighborhood where most lots are
similar in size and dimension to the applicant 's property .
E. A platted, but undeveloped , alley is located immediately east of the property .
The City of Orono has no intention to open the alley for construction of a
public right-of-way.
F. The height of the house will not be increased by the proposed addition .
5. 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 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 .
6. 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.
Page 2 of 5
CONCLUSIONS, ORDER, AND CONDITIONS
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 permit a 16' X 6' kitchen
addition to the rear of the existing residence located 20' from Lakeview A venue where 50' is required
and a 22' setback to the side property line where 50' is required; and Section 10.28, Subdivision 5
(B) to permit a 12' x 6' porch to the front of the existing residence located 23.2' from Lakeview
A venue where 50' is required. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. Authorities granted by the variances 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 these variances will expire on that date
(June 25 , 2002).
3. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant and owners have read, understand and hereby agree to the
terms of this resolution and on behalf of themselves , their heirs, successors and
assigns , hereby agree to the recording of this resolution in the Chain of Title of the
property .
Adopted by the City Council of the City of Orono , Minnesota at a regular meeting held on
the 25th day of June , 2001.
Page 3 of 5
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner Property Owner
ST A TE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 25th day of June, 2001 by
Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 2001, before me a Notary Public within and
for said County , personally appeared known
to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged
that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 5
ALLEY te.1-"1"!-N --
S 25°40' 50'' W 68.6S"111e-'f,
Exhibit A / ------------::~=-----
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ROAD ~
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Cj)
Cj)
TO:
FROM:
DATE:
SUBJECT:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Wendy Bottenberg, Zoning Administrator/Planner
June 8 , 2001
#01-2681 Roger A. Day
1205 Brown Road South
Variance --Public Hearing
Zoning District: RR-1 B One Family Lakeshore Residential District (2 acre)
7,996s.f. (.184acre) Lot Area:
List of Exhibits
A Application
B Site Plan/Survey
C Elevations/Floor Plans
D Photos of Property
E Location Map
F Property Map
G Perm it Record
H Property Owner 's List
Pertinent Code Section:
L/
1. Section 10.28 , Subd 5 (B): Side Yard Adjacent Street Setback: The minimum requirement
shall be observed for side yard adjacent street setback: 50 feet. To permit a residential addition to
be 20' from the side yard adjacent street property line where 50' is required .
2 . Section 10 .28 , Subd. 5(B): Side Yard Adjacent Street Setback: The minimum requirement shall
be observed for side yard adjacent street setback : 50 feet. To permit a porch to be 23 .2' from the
side yard adjacent street property line where 50' is required.
3 . Section 10.28 , Subd. 5 (B): Side Yard Setback: The minimum requirement shall be observed
for side yard setback : 30 feet. To permit a residential addition to be 22' from the side lot line where
30' is required.
Application Summary: The applicants requests a variance to permit construction of a 16' x 6'
(96 s.f.) addition to the rear of the existing residence and a 12' x 6' (72 s.f.) porch to the front of the
residence. The existing residence was constructed in 1953 prior to the adoption of the zoning
ordinance. Required setbacks for the property are 50' from Lakeview A venue (side adjacent street),
50' from the rear lot line and 30' from the side lot line.
Variances requested are to permit the kitchen addition to be located 20' from Lakeview A venue
where 50' is required and 22' from the side lot line where 30' is required and permit the porch to be
located 23.2' from Lakeview Avenue where 50' is required. A site plan showing the property and
setbacks is attached as Exhibit B.
#01-2 68 1 Roger A. Day
12 05 Mvn R oad S
Varian ce
6/8/2 001
Page 1
Surrounding Properties:
The property is located in the Crystal Bay neighborhood where most lots are similar in size and
dimension to the applicant's property . A platted, but undeveloped , alley is located immediately
west of the property. The City of Orono has no intension to open the alley for construction of a
public right of way. The alley is used for utilities ( overhead electric poles).
Hardship:
The residence was built 3.5' and 6.85' from Lakeview Avenue in 1953 before the 50' setback for
new construction was adopted. And 8.5' and 9.2' from the side lot line before the 30' setback for
new construction was adopted. No addition could be placed on the house without requiring
variances. The existing floor plan favors placing the kitchen where it is proposed on the plans.
Typically , staff will recommend a minimum 10' setback for lots under Yi acre in the RR-1B , two
acre zoning district.
Lot Coverage:
The property is allowed 1,500 s.f. of structural coverage. The total structure would be 1,083 s.f.
No variances are required for lot coverage or hardcover.
Staff Recommendation:
Staff recommends approval of the application for variance to permit construction of the kitchen
addition and the porch.
#01-2681 Roger A. Day
1205 Brown Road S
Variance
6/8/2001
Page 2
#·2, /f® 8· 1 . ': t) "·_ · ..
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 $250.00
After-the-Fact Fees (Double application fee)
Application # ~ / -2 "' l/ I
Date .Received 5 /21 /o I
Amount Paid c.$ z.SO
PROPERTY INFORMATION --. (\
Site Address J ~ s/' 3 , }3 ,ow>t) · ~ o~o)l)o )1,(,VL--S S-3 V
Property Identification Number (P.I.D.) /o-JJ'?-ciL3 3) oobr
Attach legal description to application if not included on required survey. .
Date Property Acquired Y-JW (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property: x_residential __ other (specify) __ __:_ ______ _
Zoning District: ~ / B •
APPL I CANJ;.-;,
Name Koaz~.r. A, 'D~
Address: J ZL>S-S , =-;k.)xJ
Phone (home) 7.3-....:t.-'j? 6-62..?.Z
Phone (work) ..9 ..r~-~ ¥? 3-g>9 3
City: O""°wo Zip:S5~V
O\VNER (if different than applicant) Phone (home) _______ _
Name ----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST
st in detail:
(att ch additional sheets if necessary)
V ARIAl~CES REQUIRED
Lot Area _.k... Lot Width Hardcover
Setback: Front K_ Side Rear
__ . Lot Coverage
Average Lakeshore
__ Other (specify) ------------------------
HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions prevent.ini
compliance with Zoning Code requ· rnents: h c-.S ~/-... ... ~ :...-s -Oz-G' s~-1-
~ ..
(attach additional sheets if necessary)
6
CERTIFICATE OF SURVE Y FOR
ROGER DAY
OF LOT 1, BLOCK 1, MA XWELL' S ADDITION
TO CRYSTAL BAY , LAKE MINNETONKA
HENNEPI N COUNT Y, MINNESOTA
LEGA L DESCRIP TI ON OF PREMISES:
Lot 1, Block 1,"Moxwell' s Addi t ion" to Crystal Bay, Loke Minnetonka
Thi s survey shows the boundaries o f t he above desc r ibe d propoert y ,
the loco t ion of on exis ti ng house ond shed t hereon, on d the pr oposed
location of a proposed od dition and proposed deck. It does no t purpor t
t o show any other impr ovements or encroac hments.
o : Iron marker
(949.4 ): Existing spot elcvotion
Beoring s shown are bo sed upon an assumed datum
--?1 8 --: 6x,";f;,.) co,,lceo
$ GRONBERG & ASSOCIATES, INC.
COOJ.JH; ElOfIRS, lJHl ~ gj[ l\}Jf{R;
I hereby cedify lhol this savey was prepaed by me or under my direct ~-1 ,,5:~~ -,
vision, ood lhol I om o dtJy registered Civil Engineer Old Land Su-veyor under -,,,.,,0' r.J ,..,
«5 N. mow tmr Lo«: lJJ(f. 11t 55356
952--473--4141
the laws of the Stole of Minnesota. ----,D""A"'T"'E ---
6 /7 / 01
JOB ND .
Mork S. Granber Minnesota Licens?Number 12755 01-180
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Parcel ID 1011723319964 :.>i,,. . ;, .. · ;._,., :,:~•:·
House Number 1205 ,'.;;-:_; ,,,._.., .. :."·.:·.;f:;':;.'i/,:s~,J..:
Street Name BROW~ .. ~D -~,., ,.·.. , :c:.:._ ·--·/'.: :-:e.
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This is not a legally recorded map. It represents a compilation of informat~ori .~~':,
and data from City, County; and State road ,auth9rities and other spurr;e~. t~)E
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PERMIT RECORD
Permit No. Date TyEe of Permit
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BATCH 501 .
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
•
38 10-117-23 11 0002
00038 ADDRESS UNASSIGNED
MCLEOD CNTY REG RAIL AUTH
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON MN 55350
38 10-117-23 24 0022
01212 ARBOR ST
J R CADY & s. R CADY
SR CADY & JR CADY
1212 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0064
01205 BROWN RDS
ROGER A DAY
ROGER A DAY
1205 BRO)'IN RDS
WAYZATA MN 55391
38 10-117-23 31 0069
01230 ARBOR ST
PG HARTIN & CH HARTIN
PC HARTIN & CH HARTIN
1230 ARBOR ST
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI43540l
PAGE 1
=h=~· L ~ i)J
I
..
38 10-117-23 24 0019
01220 LAKEVIEW AVE
DOUGLAS PAUL SCHNOOR & WIFE
DOUGLAS & NORMA SCHNOOR
1220 LAKEVIEW AV
WAYZATA MN 55391
38 10-117-23 24 0023
01225 LAKEVIEW AVE
WA JOHNSON & AH FARNHAM
WA JOHNSON & AH FARNHAM
1225 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0065
01223 BROWN RDS
CURTIS R QUADY ETAL
CURTIS QUADY
BOX 127
CRYSTAL BAY MN 55323
TOTAL BATCH 501 00010
38 10-117-23 24 0020
01165 BROWN RDS
DARREN K & SHELLEY L KNOP
DARREN K & SHELLEY L KNOP
1165 BROWN RDS
WAYZATA MN 55391
38 10-117-23 24 0024
01245 ~AKEVIEW AVE
VIRGINIA NORD GRIFFITHS
VIRGINIA NORD GRIFFITHS
1245 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0066
01241 BROWN RDS
HT BROWN & ME BROWN
MONICA T & MICHAELE BROWN
1241 BROWN RDS
WAYZATA MN 55391
I CERTIFY THAT THE FACTS ~EPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST
OF NV KNOWLEDGE AND BELIEF. . ~ ~
DATES r-u) BY ~~ Sa.e0
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CITY OF ORONO
P.0.Box66
Crystal Bay, MN 55323
612-249-4600
TO: Roger A. Day
1205 South Brown Road
Long Lake , MN 55323
TYPE OF APPLICATION: Variances
DATE OF MEETING: June 18, 2001
ZONING FILE# 01-2681
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: June 19, 2001
COPIES:
VOTE: 7 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
Applicant's next scheduled meeting is confirmed as:
City Council on June 25, 2001 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.
cf
CERTIFICATE OF SURVEY FOR
ROGER DAY
OF LOT 1, BLOCK 1, MAXWELL' S ADDITION
TO CRYSTAL BAY, LAKE MINNETONKA
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES:
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Lot 1, Block 1,"Maxwell' s Addition" to Crystal Bay, La k e Minnetonka
This survey shows the boundaries of the above described propoerty,
the location of an existing house and shed thereon, and the proposed
location of a proposed addition and proposed deck. It does not purport
to show any other improvements or encroachments.
o : Iron marker
(949.4 ): Existing spot elevation
Bearings shown are based upon an assumed da t um
--'/18--; /;x/Jl-;Ay Co,-,l-ou r
I hereby certify that th is survey was prepared by me or under my direct super-SCALE
GRONBERG & ASSOCIATES, INC., vision, and that I om a duly registered Civil Eng ineer and Land Surveyor under 1 "= 30'
cam.m; ~ lJH) ct~ SJE IUJffRS the lows of the State of Minnesota . DA TE
I I -UNR.Uwt ,IUI\IL,l"""I
4-45 N. YrU.OW !RYE LOO LAI[, Iii 55356 6 / 7 / 0 1
-,~/ .A I ,,__ JOB NO .
952-473-4141 Mork S. Gronber 01-180
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2001
(#01-2688 Kirtland Woodhouse, Continued)
Gaffron stated the standard height requirement is 30 feet, with the City currently having no standards
for screening in residential areas.
Smith suggested that perhaps the resident talk with Staff if she has additional concerns regarding the
codes regulating the construction of a house in this area.
Kluth stated since it is private property, the owner is free to build on the property as long as it meets
City Codes.
Leo Bullock, 1160 Heritage Lane, inquired whether the new lot would have lake access.
Gaffron stated the two westerly lots would not have lake access. Gaffron stated only the east lot will
have access to the lake.
Bullock inquired whether both lots would need to pay a park dedication fee.
Gaffron stated the new lot would not be subject to a park dedication fee since it is a lot of record .
-~o~ Crosby, Attorney-at-Law, stated they are not creating a new buildable lot. Crosby stated the
~ lot currently is a buildable lot and they are merely changing the lot lines at this time.
' '
Gaffron ~~the driveway would only se~e three homes.
Bullock inquired whether the wetlands in the area would be impacted .
Kluth stated they would not be.
Smith moved, Hawn seconded, to recommend approval of Application #01-2688, Kirtland C.
Woodhouse, 1780 Shoreline Drive, lot line rearrangement subject to the conditions outlined in
the June 14, 2001 Planner's Report. VOTE: Ayes 7, Nays 0.
(Recess taken from 8:38 p.m. -8:44 p.m.)
NEW BUSINESS, CONTINUED
(#5) #01-2681 ROGER A. DAY, 1205 SOUTH BROWN ROAD, VARIANCE
Roger Day, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted .
Botten berg stated the Applicants are requesting a variance to permit construction of a 16' by 6'
addition to the rear of the existing residence and a 12' by 6' porch to the front of the residence. The
existing residence was constructed in 1953, prior to the adoption of the zoning ordinance. Required
PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2001
(#01-2681 Roger Day, Continued)
setbacks for the property are 50 feet from Lakeview Avenue and 50 feet from the rear lot line and 30
feet from the side lot line.
Variances are required to permit the kitchen addition to be located 20 feet from Lakeview Avenue
where 50 feet is required , and 22 feet from the side lot line where 30 feet is required, and to permit
the porch to be located 23 .2 feet from Lakeview Avenue where 50 feet is required .
Bottenberg stated the property is located in the Crystal Bay neighborhood where most lots are s imilar
in size and dimension to the Applicant's property. A platted but undeveloped alley is located
immediately west of the property. The City of Orono has no intention to open the alley for
construction of a public right-of-way. The alley is used for utilities .
Bottenberg stated the residence was built 3.5 feet and 6.85 feet from Lakeview Avenue in 1953 ,
· before the 50 foot setback for new construction was adopted. The residence was also constructed
8.5 feet and 9.2 feet from the side lot line before the 30 foot setback for new construction was
required. No addition could be placed on the house without requiring variances . Bottwberg noted
no variances are required for lot coverage or hardcover.
Staff recommends approval of the application for variances to permit construction of the kitchen
addition and porch.
Day stated he has nothing to add fo Staff's report .
There were no public comments regarding this application .
Smith inquired whether the shed that is currently located on the property line lot could be relocated.
Day stated the shed has been relocated once, with a previous survey done back in 1985 showing the
shed being loc ated towards the back of the property and over the property line. Day inquired where
the shed should be moved to.
Smith stated she would like to see the shed moved further onto the Applicant's property.
Day stated there currently is a dog kennel attached to the shed and it would be difficult to move .
Hawn requested if the Applicant decides to rebuild the structure , that the shed be relocated .
Lindquist moved, Hawn seconded, to recommend approval of Application #01-2681, Roger
Day, 1205 South Brown Road, granting of variances to side yard adjacent to street setback, side
yard adjacent to street setback, and side yard setback to permit the construction of an addition
to the rear of the existing residence and a porch to the front of the residence.
VOTE: Ayes 7, Nays 0.
PAGE 18
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)
Application # tJ I -Z it> !) I
Date Received 5 / l. I / o I
Amount Paid ,.j zSO
PROPERTY INFORMATI ON -..., ('\
Site Address J~S---9>, }3\°'ow,v · ~ O'"'o;vo yt{'"'L--SS-32/
Property Identification Number (P.I.D .) 10-Jl'?-ciL3 3) oobr
Attach legal description to application if not included on required survey.
Date Property Acquired 'J-JfV (month/year)
I (do) (do not) also own the adjacent parcels of land.
Present use of property:K residential __ other (specify) __ --'--------
Zoning District: ~-J B >
APPLICAN~
Name Ko~e.-r-A , z::>~
Address: ) 'ZOS-5 1 E~&c..),v
o,VNER (if different than applicant)
Name
Phone (home) 7..6-~-p 6 -62~
Phone (work) .9 ..:r.a .. -t';> 3-g;>9 3
city: o""°mo zip:ss~v
Phone (home) --------
----------------Phone (work) --------
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST
(att ch additional sheets if necessary)
VARIANCES REQUIRED
Lot Area _.k__ Lo t Width Hardcover
Setback: Front K_ Side Rear
__ . Lot Coverage
Average Lakeshore
__ Other (specify) ------------------------
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
(attach additional sheets if necessary)
6
REQUIRED SUBMITTALS
All of the following information must be submitted by the application deadline date in
order for vour application to be considered complete:
1 . ..j_ Completed Application ·Form
2. R Certified Property Owners List of owners within 150', labels 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 8W' x 11" for
reproduction.
~opographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8Yz'' x 11" for reproduction.
5.,\ _ Sketches or plans of floor & elevation views (provide one (1) copy 8W' x 11 ").
6.x___ 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 att 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 Owner must sign this application. Please remember that your
variance application is not complete if the above information has · not been included.
APPLI CANT'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 ed in review of this application, and certifies that the
information supplied is true the best of his/her knowledge .
Date '=£-<p-0 /
O\VNER'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 · nd verification of this· request.
Date ~---9"7-o /
Applicant must have ubmittals 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 Plann,ing
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
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O . Box 66
Crystal Bay, MN 55323 -0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private · or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the 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 follo\ving page) to review private data
on yourself.
6. Your full name is required to process this application or permit.
-~07c.-.r di-t.i::ch -:--t)o,___,)
First Middle Last /
/Z£)b-~ 1 ~f;-Ow~ ~,
Address
Signature n)
''/
.tt~
0-{n_ ..
State
(' .. ~·:·,_:_~ .. ='1
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_Q;~37;
Zip
Telephone (612) 249-4600 • Fax (612) 249-4616
7S;?;-L/?t-~:>~~
Phone
9
,.
Adjacent Property Owners' A._cknowledgement Form
1 r we l ,) re Add?! 011 ifk JR
rint name(s)]
have reviewed the plans for the proposed improvement or proposed use of the property located
at also referred to as Land Use Application No. ----
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans arid that the proposed neighbor's
· project or use requires Council approval.
Property Owner Date
******************************************************************************
I (we) __ <(_: -<~~~-~f\i~o-_(), _____ of J-i '-1 < L-. tA-v,-t-'-" A v-t.
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
. i;/J_ y _s_· ---1_---o _) ---
Pro{ertyown;r Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
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,Parcel Information
Parcel ID 1011723310064
House Number 1205
Street Name BROWN RD S
Condominium
6
(6)
This is not a legally recorded map It represents a compilation of information
and data from City County and State road authorit1es and other sources.
:,
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(17)
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RUN DATE 05/07/01
BATCH 501
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 10-117-23 11 0002
00038 ADDRESS UNASS.IGNED
MCLEOD CNTY REG RAIL AUTH
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON MN 55350
38 10-117-23 24 0022
01212 ARBOR ST
JR CADY & SR CADY
SR CADY & JR CADY
1212 ARBOR ST
WAYZATA MN 55391
_38 10-ui-23 31 0064
01205 BRQWN RDS
ROGER A DAY
ROGER A DAY
1205 BROWN RDS
WAYZATA MN 55391
38 10-117-23 31 0069
01230 ARBOR ST
PG, MARTIN & CM MARTIN
PC HARTIN & CH HARTIN
1230 ARBOR ST
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 24 0019
01220 LAKEVIEW AVE
DOUGLAS PAUL SCHNOOR & WIFE
DOUGLAS & NORMA SCHNOOR
1220 LAKEVIEW AV
WAYZATA MN 55391
38 10-117-23 24 0023
01225 LAKEVIEW AVE
WA JOHNSON & AH FARNHAM
WA JOHNSON & AH FARNHAM
1225 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0065
01223 BROWN RDS
CURTIS R QUADY ETAL
CURTIS QUADY
BOX 127
CRYSTAL BAY MN 55323
TOTAL BATCH 501 00010
REPORT NO. PI435401
38 10-117-23 24 0020
01165 BROWN RDS
PAGE 1
DARREN K & SHELLEY L KNOP
DARREN K & SHELLEY L KNOP
1165 BROWN RDS
WAYZATA MN 55391
38 10-117-23 24 0024
01245 ~AKEVIEW AVE
VIRGINIA NORD GRIFFITHS
VIRGINIA NORD GRIFFITHS
1245 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0066
01241 BROWN RDS
MT BROWN & ME BROWN
MONICA T & MICHAEL _E BROWN
1241 BROWN RDS
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RfrORDS
OF THE HENNEPIN COUNTY DEPARTHENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. ~ _ ~
DATES 8'-LJ) BY d s
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CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
REQUEST FOR FURTHER INFORMATION
May 21 , 2001
Roger A. Day
1205 South Brown Road
Wayzata, MN 55391
SUBJECT: Zoning Application #01-2681
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you ·within ten (10) business days as to the status of your
application for variance. · The following information is required before we can proceed with your
request.
O Certificate of Survey indicating property lines and site topography at 2' contours . Survey
should indicate the footprint of the proposed house , driveway, and any other improvements
proposed. Survey shall also indicate the location of adjacent residential structures.
/ Proposed building plans (sketches) including elevation views .
0 Completion of hardcover calculation worksheets, if required . The w orksheets have been
included.
Application #01-2681 is incomplete. If you wish to proceed with your application please submit all
items requested abo v e by June 7, 2001 to remain on the June 18, 2001 Planning Commission agend a .
Please call me at (952) 249-4600 should you have any questions.
Sincerely ,
'PcuJ ;J~ ,,___,
Paul Weinberger
Zoning Administrator/Planner
Hand Del ivered
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us