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TRACKING SHEET
FILE NO. ()/-c)7d'9-
Staff: fr»J
Ap~lic~nt:
Address:
Ad(chaei ¥ Mon/.c?... 61ot,<Jn
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Meeting with Staff:
Date Application Completed: ~lt&/01
Incomplete Notice Sent:
Date Property Owners Notified: ;o .. s-o;
Date Legal Notice Published: 7-2/-0/
PC Meeting(s): /0 -Ir;;-0 I
/!-I '1-o I
Notice of PC Action:
City Council Meeting(s):
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D Resolution
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Michael & Monica Brown
1241 Brown Rd. S.
Wayzata, MN 55391
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Zip·: . .5 539 /
60Day: tr/,1/01
Vote: -(o-o +-o.. ~ \°'<....
Vote: 7-0 A pprov-t.,
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CITY OF ORONO
P.O.Box66
ZONING FILE #01-2722
Crystal Bay, MN 55323
PHONE:(952)249-4600 FAX:(952)249-4616
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 16, 2001
TO: Michael and Monica Brown
1241 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION: __x_ Variance
DATE OF MEETING: October 15, 2001
Conditional Use Permit
Subdivision
Other
VOTE: 6 FOR
Planning Commission recommends the following:
__ Approval as submitted
__ Approval subject to conditions noted below
Denial for reasons noted below
_X _ Tabled for reasons noted below
__ No action required
NOTES AND SPECIAL CONDITIONS:
0 AGAINST
The application was tabled to allow an opportunity to redesign the site plan to reflect a change to
the property setbacks. Please contact the Zoning Department to set up an appointment to discuss
the application. Our number is (952) 249-4600.
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.
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-2722, as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 5th day of OCTOBER 2001.
~~-
Denise M. Leskinen
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and shall be submitted to the City of Orono by October 10, 2001. Plans are available in the
City Offices. For an appointment, please call (952) 249-4600 .
City of Orono
By: Planning Commission
~JJtJ~
Paul Weinberger, Zoning Administrator/Planner
To be published the week of September 29, 2001.
Posted at : Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
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 Comm i ssion will ho l d
public hear ings in the Cou ncil Chambers at
2760 Kell ey Par kway on Monday, October 15.
2001 , beg inn ing at 6 :30 p .m . on the matte r of
review ing the fo ll ow ing land use applica tions :
1 #01-2669 Mand eep Sodhi . 4080
Dahl ·Road , requ ires after -the -fact variances
and a cond iti onal use pe rm it to permit
rep lacement of a stairway and re tain ing _walls
w ithi n 75 ' ol the -lak esho re and to review a
res toratio n pl an for intens ive vegetation
remov al on a bluff.
2 . #01 -2699 Jay a nd Ke ndall Nygard ,
1386 Rest ·Point Road , request variances
to per m it a 17 .5" X 6' add ition to the house
located 7.5' to the side property line where a
1 O' set ba ck is required and to permit 4 ,387
s .f. (55.4 %) hardcov er w it hin the 75-250'
lakes hor e set back w here 2 5% is allowed .
3 . #0 1·271 2 S . Sco tt Standa, 2659
Casco Point Road . requ ests a fter -the -fact
var iance s to pe rmit replacement of an 8' X 12·
deck attached to a bo ath ouse wi thin the 0-75'
lak esho re set back .
4 . #0 1-27 07 Rob ert Edd i ng ton and
Mark Larso n req uest va cati on of a portion of
platted Hill Stree t ded icated w ithin the plat of
Bays ide Add ition to La ke Minnetonka.
5 . #0 1-271 9 Jodi and David Dalvey,
1520 Bohn's Point Road , request a
varian ce to pe rmit co ns tructi on of a new
res id ence on prop er ty of less than minimum
lot w idth ( 140 ') in the LR -1 B zon i~g district.
6 . #0 1-272 0 Cr aig an d Bev Mill er . 1325
Shoreline Drive , reque st a variance to
perm it cons truc ti on of a new res idence on
p roper ty o f less than min imum lot w idth (200 ')
in the LR-1A zon in g district.
7 . #01 -272 1 Wal te r Holzer, 1130 North
Shore Drive , req ue st s a variance to perm it
co nstruction o f a ne w re sid ence on propecty
o f less than minim um lot w id th ( 140') in the
LR -1 B zon in g dis t rict , a nd to allow two
acce ssor y build ings to remai n on the property
abs ent a princ ipa l res ide nc e d uri ng the
reco ns truct ion period .
8 . #0 1-2 72 2 Mi chael 'and Monica
B row n 1241 Brown Road South , reques t
vari an°ce s t o perm i t co n s tr ucti on of a
d e tach ed g arage 6' f rom the side yard
ad j acent to th.i stre et (M innetonka Avenue)
where a 50'se 1;1acr. i s requ ired and 5' from
the rear property iine whara a 10 · setback is
required ; and a va ri ance to . p_erm i t
re pl aceme nt of a 6' pri vacy fe nce within the
50' side yard ad j ac en t to the st reet setback,
whe re a fence no t e xc eeding 3 1 /2 ' is
perm itted .
9. #01 -2723 Mark Brewer, 3800
Shoreline Dr ive, reques t s a commercial
si te plan review to per mit use of the exist ing
bu i ld i ng as a ch iropract ic clin ic and fi nal
revie w of the site plan . Cl inics are listed as
perm itted uses in the B-5 distri ct.
10 . #01 -2724 Miche ll e and David Timp ,
1000 Wildhurs t Trail , requ est a cond iti onal
use permi t fo r land alteration of 566 cubic
yards and a variance to permit an 8' retaining
wall structure within the average lakeshore
setback.
11 . #01 -2725 Robert Howell s . 1423
Park Drive , req uests a var iance to permit
construction of a new residence on property
of less than min i mum lot w idth (140 ') in the
LR-1 B zon ing dis tric t.
12. #01 -2726 Erotas Building
Corporation w ith an interest in, 450 Orono
Orchard Road , requests after the fact
variances for construction of a 6'chain link
fence along the front and street prope rt y lines
where a fence with a maxi mum height of 3
1/2' is perm itted .
13. #01 -2727 Mary and Joe King, 142
Chevy Chase Drive, request variances to
construct a new residence on a lot in the R-1 A
zoning district less than the m inimum
requriements for lot a rea and to permi t a
swimming pool'accessory struc ture to remain
on the property absent a pr incipal bu ilding
during the reconstruction period , and to
permit lot coverage of over 15% on the
property.
14. #01-2728 Will i am and Laura
Stoddard, 4365 North Shore Drive ,
request a var iance to pe rmit a boa t house-
accessory structure to rema in on th e property
absent a pr i nci pa l build i ng duri ng the
reconstruct ion period ; and requests a
conditional use perm it to permit plumb ing in
an accessory build i ng to be located 10 · from
the rear property li ne .
All persons w ishing to be heard are
encouraged to attend th is meeti ng . Wr itten
comments are acce pted and sh a ll be
submitted to the City of Orono by Octobe r 10 .
2001 . Pla ns are ava ilab le in th e City Offices .
For an appo intment , p le ase ca ll (952) 249-
4600 .
City of Orono
By : Plan ni no Comm i ssio n
Zoning : Paul Weinbe r ger,
Admin istrator/Planner
( Pub li shed in The La ker and Pioneer 1
Sep t. 29 , 200 1)
Affic.. ... vit of Publica t ion
State of Minnesota, County of Hennepin .
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the 29 day of September 2001,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of 2001;
lw!/fL-
Authorized Agent
Suscribed and sworn to me on this
2 9thday of _,Tf-S_e_,p~t_e_m_b_e_r ___ , 2001.
By !:rd&J ~ Notary Public
.,...~ -... . ' · j KRISTI HOLM
( ! -;. NOTARY PUBLIC· MINNESOTA "-=-My Cc:;;mission Expires J4/'l . 31 , 2005
,: .:0.??2::?:.?282:~ ~·.-<-"?. .•. =>.-.?,c;~-· =--·-. ::-;::',
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $15 .00 per inch.
(2) Maximum rate allowed by law for above matter : $15 .00 .
(3) Rate actually charged for above matter: $7.73 per inch .
Each additional successive week : $5.62 .
ORONO PLANNING COMMISSION
Monday October 15, 2001 6:30 PM
2750 Kelley Parkway -Council Chambers
AGENDA
Council Representative: Jay Nygard () .:// ~4~~ / V,3 r 1 AUDIENCE MEMBERS: -01
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 November 12, 2001 City Council meeting unless
otherwise noted by the Chair.
CONSENT AGENDA
1. #01-2719 Jodi and David Dalvey, 1520 Bohn's Point Road, Variance
(Staff: Wendy Bottenberg)
2. #0 1-2720 Craig and Bev Miller, 1325 Shoreline Drive, Variance
(Staff: Wendy Bottenberg)
OLD BUSINESS
Review of these items will commence before o'r between scheduled public hearings.
3. #01-2689 Mandeep Sodhi , 4080 Dahl Road, After-The-Fact Variances and
Conditional Use Permit (Staff: Paul Weinberger)
4. #01-2711 Western Steel Erection, Inc ., 2687 Wayzata Boulevard,
ConditionalUse Permit, (Staff: Paul Weinberger)
5. #01-2716 Brenshell Development, 2200 Shadywood Road, Variances
(Staff: Wendy Bottenberg)
6. #01-2718 Proposed Zoning Code Amendment, Section 10.03, Fence
Standards (Staff: Paul Weinberger)
NEW BUSINESS
7. #01-2707 Robert Eddington and Mark Larson, Hill Street, Vacation
(Staff: Wendy Bottenberg)
8. #01-2721 Walter Holzer, 1130 North Shore Drive, Variance
(Staff: Wendy Bottenberg)
9. #01-2722 Michael and Monica Brown, 1241 Brown Road South, Variances
(Staff: Paul Weinberger)
10. #01-2723 Mark Brewer, 3800 Shoreline Drive, Commercial Site Plan
Review (Staff: Paul Weinberger)
11. #01-2724 Michelle and David Timp, 1000 Wildhurst Trail, Conditional
Use Permit (Staff: Wendy Bottenberg)
12. #01-2725 Robert Howells, 1423 Park Drive, Variance
(Staff: Paul Weinberger)
13. #01-2726 Erotas Building Corporation with an interest in, 450 Orono
Orchard Road, After-The-Fact Variances (Staff: Paul Weinberger)
14 . #01-2727 Mary and Joe King, 142 Chevy Chase Drive, Variances
(Staff: Wendy Bottenberg)
15. #01-2728 William and Laura Stoddard, 4365 North Shore Drive, Variance
(Staff: Paul Weinberger)
PLANNING COMMISSION COMMENTS
16. Report of Planning Commission representatives attending Council meetings
September 24, 2001 and October 8, 2001.
1 7. Other issues for discussion.
18. Planning Commission approval of minutes for September 17, 2001.
19. Selection of representatives for City Council meetings on October 22, 2001 and
November 13, 2001.
ADJOURNMENT
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, October 15, 2001, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #01-2689
2. #01-2699
3. #01-2712
4 . #01-2707
5. #01-2719
6. #01-2720
7. #01-2721
Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a
conditional use permit to permit replacement of a stairway and retaining walls
within 75' of the lakeshore and to review a restoration plan for intensive
vegetation removal on a bluff.
Jay and Kendall Nygard, 1386 Rest Point Road, request variances to permit
a 17 .5' X 8' addition to the house located 7 .5' to the side property line where
a 1 O' setback is required and to permit 4,387 s .f. ( 5 5 .4%) hardcover within the
75-250' lakeshore setback where 25% is allowed.
S. Scott Standa, 2659 Casco Point Road, requests after-the-fact variances to
permit replacement of an 8' X 12' deck attached to a boathouse within the 0-
75' lakeshore setback.
Robert Eddington and Mark Larson request vacation of a portion of platted
Hill Street dedicated within the plat of Bayside Addition to Lake Minnetonka.
Jodi and David Dalvey, 1520 Bohn's Point Road, request a variance to
permit construction of a new residence on property of less than minimum lot
width (140') in the LR-lB zoning district.
Craig and Bev Miller, 1325 Shoreline Drive, request a variance to permit
construction of a new residence on property of less than minimum lot width
(200') in the LR-IA zoning district.
Walter Holzer, 1130 North Shore Drive, requests a variance to permit
construction of a new residence on property of less than minimum lot width
( 140') in the LR-1 B zoning district, and to allow two accessory buildings to
remain on the property absent a principle residence during the reconstruction
period.
8 .
9.
10.
11.
12 .
13.
14.
#01-2722
#01-2723
#01-2724
#01-2725
#01-2726
#01-2727
#01-2728
Michael and Monica Brown, 1241 Brown Road South, request variances to
permit construction of a detached garage 6' from the side yard adjacent to the
street (Minnetonka Avenue) where a 50' setback is required and 5' from the
rear property line where a 1 O' setback is required; and a variance to permit
replacement of a 6' privacy fence within the 50' side yard adjacent to the
street setback, where a fence not exceeding 3 Y:z' is permltted.
Mark Brewer, 3800 Shoreline Drive, requests a commercial site plan review
to permit use of the existing building as a chiropractic clinic and final review
of the site plan. Clinics are listed as permitted uses in the B-5 district.
Michelle and David Timp, 1000 Wildhurst Trail, request a conditional use
permit for land alteration of 566 cubic yards and a variance to permit an 8'
retaining wall structure within the average lakeshore setback.
Robert Howells, 1423 Park Drive, requests a variance to permit construction
of a new residence on property of less than minimum lot width ( 140') in the
LR-lB zoning district.
Erotas Building Corporation with an interest in , 450 Orono Orchard Road,
requests after the fact variances for construction of a 6' chain link fence along
the front and street property lines where a fence with a maximum height of
3 Y:z' is permitted.
Mary and Joe King , 142 Chevy Chase Drive, request variances to construct
a new residence on a lot in the R-1 A zoning district less than the minimum
requirements for lot area and to permit a swimming pool-accessory structure
to remain on the property absent a principal building during the
reconstruction period, and to permit lot coverage of over 15% on the
property.
William and Laura Stoddard , 4365 North Shore Drive, request a variance
to permit a boat house-accessory structure to remain on the property absent
a principal building during the reconstruction period; and requests a
conditional use permit to permit plumbing in an accessory building to be
located 1 O' from the rear property line .
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, l\ilN 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, October 15, 2001, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #01-2689
2. #01-2699
3. #01-2712
4. #01-2707
5. #01-2719
6. #01-2720
7. #01-2721
Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a
conditional use permit to permit replacement of a stairway and retaining walls
within 75' of the lakeshore and to review a restoration plan for intensive
vegetation removal on a bluff.
Jay and Kendall Nygard, 1386 Rest Point Road, request variances to permit
a 17.5' X 8' addition to the house located 7.5' to the side property line where
a 1 O' setback is required and to permit 4 ,387 s .f. (55.4%) hardcover within the
75-250' lakeshore setback where 25% is allowed.
S. Scott Standa, 2659 Casco Point Road, requests after-the-fact variances to
permit replacement of an 8' X 12' deck attached to a boathouse within the 0-
75' lakeshore setback.
Robert Eddington and Mark Larson request vacation of a portion of platted
Hill Street dedicated within the plat of Bayside Addition to Lake Minnetonka.
Jodi and David Dalvey, 1520 Bohn's Point Road, request a variance to
permit construction of a new residence on property of less than minimum lot
width (140') in the LR-1B zoning district.
Craig and Bev Miller, 1325 Shoreline Drive, request a variance to permit
construction of a new residence on property of less than minimum lot width
(200') in the LR-1 A zoning district.
Walter Holzer, 1130 North Shore Drive, requests a variance to permit
construction of a new residence on property of less than minimum lot width
( 140') in the LR-1 B zoning district, and to allow two accessory buildings to
remain on the property absent a principle residence during the reconstruction
period.
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ROLL
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, NOVEMBER 19, 2001
6:30 o'clock p.m.
The Orono Planning Commission met on the above date with the following members present:
Chair Elizabeth Hawn , Commissioners Dale Lindquist, Daniel Kluth , Sandra Smith, and
Jeanne Mabusth, and William Stoddard. Alternates J . Marc Fritzler, and David Rahn were present.
Commissioners Janice Berg and Daniel Kluth were absent. The following represented City Staff:
Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, and Recorder Jackie
Young.
Chair Hawn called the meeting to order at 6:33 p.m.
CONSENT AGENDA
(#01-2729) W. GREGORY COW ARD, JR., 1950 HERITAGE DRIVE, VARIANCES
(#01-2733) WILLIAM B. AND LYNNE M. L. PETERSON, 420 ORCHARD PARK ROAD,
RENEWAL VARIANCES
Hawn inquired whether there were any members of the audience who would like to speak regarding
these applications.
There were no public comments regarding either application .
Hawn inquired whether the garage being constructed by the Cowards consists of more than just a
garage.
Robert Lund , Representing the Cowards, stated the structure is a three-stall garage, but the property
owner decided to make the garage look like something other than a garage .
Lindquist moved, Smith seconded, to recommend approval of Application #01-2729,
W. Gregory Coward, Jr., 1950 Heritage Drive, granting of a conditional use permit to permit two
accessory buildings to be located on the property as depicted on the site plan dated 11/9/01,
subject to the conditions outlined in the November 13, 2001 Planner's Report.
VOTE: Ayes 6, Nays 0. (Stoddard was not present for this vote)
Hawn moved, Lindquist seconded, to recommend approval of#Ol-2733, William B. and Lynne
M. L. Peterson, 420 Orchard Park Road, to extend the variance application deadline and
forward the application for review to the City Council on Monday, November 26, 2001.
VOTE: Ayes 7, Nays 0.
OLD BUSINESS
(#3) #01-2722 MICHAEL AND MONICA BROWN, 1241 BROWN ROAD SOUTH,
VARIANCES
Michael Brown, Applicant , was present.
PAGE I
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, NOVEl\'IBER 19, 2001
6:30 o'clock p.m.
(#01-2722 Michael and Monica Brown, Continued)
Weinberger stated the Planning Commission had reviewed this application at its October meeting and
tabled it to allow the property owner to consider options to the site plan in relation to garage size and
setbacks. Weinberger stated Brown Road is considered to be the front property line and Minnetonka
Avenue being considered the side yard adjacent to street. The Applicants are requesting variances to
permit the replacement of an existing garage with a 28' by 24' detached garage.
The Applicant is now proposing to construct the same size garage as originally proposed with the
location of the garage being slightly changed. The Applicants have indicated they are agreeable to
moving the garage back an additional five feet from the property line resulting in a 10-foot setback
rather than six feet. There would be a five-foot setback to the alley, which is agreeable to Staff since
the City does not intend to develop the alley as a traveled road. Currently the alley is used for electric
service.
The Applicant did state he has a hardship due to the location of a mature pine tree that is located behind
the garage with approximately a 35-foot drip line. The Applicant is unable to move the garage any
further back due to the location of this tree .
The Applicants have also agreed to reduce the size of the outside parking area to approximately a
15-foot width in order to accommodate some off-street parking .
Weinberger stated the second part of the application deals with the Applicant proposing to replace an
existing fence that is six feet in height within the side yard adjacent to street setback where a maximum
height fence is allowed to be 3.5 feet. The fence is intended to be a privacy fence to the back yard.
The fence is currently located 27 feet from the property line. Weinberger noted the Planning
Commission at its previous meeting did indicate general support for the fence height variance. The
Applicants would like to increase the size of their back yard and relocate a portion of the fence in order
to meet a 15-foot setback.
Staff recommends approval of the variances to permit replacement of the fence within 50 feet of the
street property line and replacement of the existing garage.
Brown stated he has spoken with his neighbor regarding this project, who has indicated he is supportive
of the project and is willing to help with the landscaping . Brown commented they are planning to plant
some arborvitae in the yard and to reduce the size of the outdoor parking area as much as possible.
Stoddard inquired whether any cars parked in the driveway would stick out into the street with the
proposed new location of the garage .
Brown stated the garage is proposed to be located 22 feet from the road . Brown stated in his view the
change in the location of the fence will improve the look of the property. Brown indicated he is
planning to erect a decorative fence rather than the current stockade fence.
There were no public comments regarding this application.
Smith inquired why the Applicant would like a six-foot fence versus a 3.5-foot fence.
PAGE2
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, NOVEMBER 19, 2001
6:30 o'clock p.m.
(#01-2722) Michael and Monica Brown, Continued)
Rahn stated he was not thinking of rotating the structure but merely changing the location of the
doors into the garage .
Hawn noted the Applicant would prefer to have a front loading garage since there are no other side
loading garages in the neighborhood .
Mabusth concurred that is the pattern of development in this area.
Stoddard moved, Lindquist seconded, to recommend approval of Application #01-2722, Michael
and Monica Brown, 1241 Brown Road South, granting of variances to permit replacement of a
six foot fence within 50 feet of the street property line, and granting of variances to permit a
10 foot side yard adjacent to the street setback and a five foot setback to the alley based on the
findings that the proposed .garage meets the development pattern of surrounding properties
along Minnetonka Avenue and the alley is not intended to be used for roadway purposes.
VOTE: Ayes 6, Nays 1, Rahn Opposed.
Hawn requested the Applicant have an architectural drawing prepared for Staff review showing all the
setbacks and exact location of the garage prior to the City Council meeting.
Rahn stated he voted against the motion because in his view a side-loading garage would meet the
setbacks and would not require a variance. Rahn stated in his view he does not see a hardship for the
variance.
NEW BUSINESS
(#4) #01-2730 ACE PROPERTIES, 3375 CRYSTAL BAY ROAD, VARIANCES,
6:48 p.m. -7:28 p.m.
Larry Palm and Gary Gniffke , Ace Properties , was present.
Weinberger stated the Applicants are requesting variances to permit redevelopment of the property.
The proposal is to remove the existing house and construct a new residence , with a 24 ' by 40 ' concrete
storage building that is attached to the house but is not living space to remain . The concrete building
was constructed in 1971, sometime after the house was originally constructed . The Applicants are
proposing to retain three walls, the rear and sides , from the existing storage building being used as part
of the foundation for the new house .
Weinberger stated the lot consists of 6 ,690 square feet and lies within the LR-IC, One Family
Lakeshore Residential District, which has a one-half acre minimum lot size . The total area outside of
the 75-foot setback is 3,855 square feet. The proposed house would be a two and a half story house
with a defined height of 26 feet. The existing house is one and a half stories .
Variances are being requested to Jot area and Jot width to permit construction of the new residence on a
Jot that is Jess than one-half acre and only 50 feet wide at the lakeshore and defined structure setback.
In addition, variances are being requested for hardcover and structure within 75 feet of the lakeshore ,
PAGE4
MINUTES OF THE
ORONO PL.ANNING COMMISSION MEETING
MONDAY, NOVEMBER 19, 2001
6:30 o'clock p.m.
(#01-2722 Michael and Monica Brown, Continued)
Brown stated the fence is intended for privacy due to the amount of traffic on Minnetonka Avenue .
Smith inquired how many cars the parking area would be able to accommodate.
Brown stated he would have the ability to park three cars outside.
Mabusth noted the current fence is located 25 feet off the right-of-way . Mabusth inquired how close
the new fence would be located to the property line.
Weinberger stated it is his understanding the fence would be constructed 15 feet off the right-of-way,
which would be 27 feet from the paved roadway .
Smith inquired why the garage could not be moved closer to the house .
Brown stated there is a larger Cottonwood tree that is not depicted on the drawing that essentially
covers the entire yard.
Weinberger stated the Applicant is proposing to maintain the pine tree. That would prohibit moving
the garage to the north. Moving the garage to the east may impact the cottonwood .
Hawn commented in her view this plan is an improvement over the previous plan submitted by the
Applicant.
Smith stated she is not fully supportive of a six-foot fence.
Lindquist stated he is willing to support this current proposal , noting he does not have a problem with
the six-foot fence since this is a comer lot.
Stoddard stated he agrees with Lindquist.
Rahn stated if the garage were located five feet closer to the street and is side-loading, a variance would
not be needed.
Weinberger stated if the garage were located five feet closer to the street , it would be closer to the street
than the principal building, and the garage would be located within 50 feet of the property line .
Rahn stated he does not really understand the hardship here since the garage could be side loading.
Brown indicated all the garages in this neighborhood are front loading garages.
Hawn inquired why this garage could not be side loading.
Brown stated in his view the appearance of the garage would not look as nice if it were side loading.
Mabusth stated if the garage was located at the same 28-foot setback and the doors were turned, in her
opinion it would be encroaching into the right-of-way.
PAGE3
ORONO CITY COUNCIL MEETING
MONDAY DECEMBER 10, 2001
PLANNING COMMISSION INTERVIEWS-Continued
Recommendation on the lot coverage issue. Mr. Rahn stated he had been the deciding
vote and hadn't attended the work session, so he listened to both sides at the meeting, and
felt the property owner should not be penalized for an in-ground, unobtrusive pool.
APPROVAL OF MINUTES
*3. Regular Council Meeting of Noveber 26, 2001
White moved, and Flint seconded, to approve the Minutes of the Regular Council
Meeting of November 26, 2001.
Vote: Ayes 5, Nays 0.
PARK COMMISSION COMMENTS-DEBORA HALVORSON,
REPRESENTATIVE
Halvorson stated that the Park Commission hadn't met.on December 3, 2001, but they had
discussed the newsletter request for donations. They had not had much response, and
wanted to print a request for specific items or projects people could volunteer to help with.
Mayor Peterson suggested they bring that up at the joint meeting with the Council.
Halvorson stated the Park Commission was still unanimously in favor of obtaining 10% of
gambling revenue when the contracts come up for renewal.
The Minnehaha Creek Watershed District is currently doing a water analysis of the entire
watershed with 8 regional teams. Halvorson stated she and Gappa are the members from
the region encompassing Orono. They are updating flood plain maps and trying to
develop a cooperative approach to water quality. They are developing a partnership with
cities regarding land use permits to protect the water quality in the future.
Flint asked where they were with the Sohn property warming house. Gappa stated that
one of the Sohn' s had been contacted and thought there was water damage . They would
need to look into the property more closely to make sure the house is usable. The police
are concerned about keeping the house safe and unoccupied when not in use as a warming
house.
PLANNING COMMISSION COMMENTS-SANDY SMITH,
REPRESENTATIVE
None.
3
PUBLIC COMMENTS
None.
ORONO CITY COUNCIL MEETING
MONDAY DECEMBER 10, 2001
ZONING ADMINISTRATOR'S REPORT
*4. #01-2722 Michael and Monica Brown, 1241 Brown Road South-Variances-
Resolution No. 4733
White moved, and Flint seconded, to adopt Resolution No. 4733 granting variances
to Municipal Zoning Code Section 10.03, Subdivision 9(D), Section 10.03,
Subdivision 13, and Section 10.28, Subdivision 5(B) to permit construction of a 24' x
28' detached garage 10' from the side yard adjacent to the street (south) property
line where 50' is required, and 5' from the rear property line where a 10' setback is
required; and to Section 10.03, Subdivision 15(C) to permit construction of a 6' fence
15' from the side yard adjacent to the street (south) property line, where a 3 Yi' fence
is permitted.
Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Nygard stated he had attended a meeting with the DNR and Mr. Jabbour about
snowmobile use.
Sansevere stated that the Council should receive notices of crimes that occur in Orono,
and especially those where a resident is the victim.
PUBLIC SERVICE DIRECTOR'S REPORT
*5. Establishment of Stormwater Utility-Ordinance No. 213, Second Series
White moved, and Flint seconded, to approve Ordinance No. 213, Second Series,
amending the Orono City Coded to establish a storm water drainage utility and user
charges for the storm water and drainage utility.
Vote: Ayes 5, Nays 0.
4
REQUEST FOR COUNC IL ACTI ON
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Zoning Administrator
Item Description:
Zonine District:
A Resolution
#01-2722 Michael and Monica Brown
1241 Brown Road South
Variances
RR-IB, One Family Rural Residential (2 acre)
B Existing Site Conditions
C Proposed Site Plan
D Planning Report (November 16, 2001)
Description of Request
DATE: December 3, 2001
ITEM NO.: Lf
Agenda Section:
Zoning
Applicants have requested variances to permit construction of a 28' X 24' detached garage to replace an
existing garage. The proposed garage is proposed to be located 1 O' off the south (Minnetonka A venue)
property line, where a 50' setback is required , and 5' from the rear property line where a 1 O' setback is
required. The garage doors would face the street, which also requires a 30' setback regardless of zoning
district.
The second part of the application was to replace an existing fence that is 6' in height within the side yard
adjacent to street (Minnetonka Avenue) setback where a maximum height fence is allowed to be 3 Y2 '. The
existing fence is located 27' from the property line , property owners have requested the fence to be replaced
and relocated 15' from the property line.
The proposed garage would be consistent with the development along Minnetonka Avenue as the other
detached garages face directly towards the street. The property owners have also agreed to reduce the size
of the outside parking area to accommodate an adequate width for outdoor parking for one vehicle.
Planning Commission Recommendation
The Planning Commission recommended on a vote of 7 to Oto approve the variances to permit construction
of a 24' X 28' garage located as noted above , and to permit construction of a 6' fence 15' to the property line
adjacent to a street subject to the condition the existing parking area be reduced in size to accommodate off
street parking for onl y one vehicle. Recommendation was based on the following findings and hardships:
1. Accessory buildings under 750 s.f. are permitted to be located 1 O' from the rear and north side
property line . Since the applicant's property is a corner lot the required setback to each street
property line is 50'.
2 . The garage would be constructed with the access doors facing the Minnetonka A venue property line .
The proposed design would be consistent with the current development pattern of other properties
located along Minnetonka Avenue.
#01-2722 Michael and Monica Brown
December 12, 200 l
Pa e 2 of 3
3 . The proposed garage would be 28' X 24' and would have the doors facing the street to allow backing
out onto Minnetonka A venue rather than having to back out to the existing parking area. Across
Minnetonka Avenue are two detached garages that are built on the lots with direct access to the
street. The closest garage, across the street is 12 .5' from the paved surface of Minnetonka Avenue.
A second garage is located 25' from the paved surface of the street. The proposed garage would be
located 22.5' from the paved surface.
4. The applicants have stated their hardship is the garage could not be moved further to the north due
to a large pine tree being located behind the garage that they would like to keep on the property.
Staff has measured the tree and confirmed it has a trunk diameter of approximately 16" and has a 30'
diameter drip line . The tree is located 12' from the back wall of the existing garage.
5. Nearly all garages built in the Crystal Bay neighborhood on corner lots have the garage with direct
access, including the two lots across the street. One problem with the direct access is the fact the
garages have very short driveways which do not accommodate off street parking very well.
Adequate off street parking is not always available and Minnetonka Avenue is a narrow road only
paved 15' wide.
6 . The fence would replace an existing fence located 27' from the property line, and would provide
privacy screening for the back yard of the house.
7. The lot is a 1/4 acre property located in a 2 acre zoning district requiring 50' setbacks for fences
greater than 6' in height located adjacent to a street property I ines . The property is a corner lot where
construction of a 6' privacy fence would require the fence to be constructed over an area of the
property where it could not provide screening for the back yard area of the house .
Staff Recommendation
Staffs recommendation differs slightly from the Planning Commission recommendation. Staffs
recommendation is to approve variances to permit a 6' fence to be located 20' from the property line
(Planning Commission reviewed a request for a fence 15' from the property line). Staff agrees with the
Planning Commission recommendation to approve the garage as proposed.
The resolution requires a 20' setback for the 6' fence rather than a 15' setback for the area of the property to
be used for the parking stall. The discussion of the 15' setback was a change to the original request by the
property owners to replace the fence in its' existing location 27' from the property line. The 15' setback
concept was first discussed with the Planning Commission the evening of the meeting on November 19,
2001.
Staff has since reviewed the request to permit the fence only 15' from the property line rather than 27' and
has recommended the fence be constructed 20' from the property line for the portion of the property that is
used for the single outside parking stall. Based on new information the additional 5' was requested for two
reasons.
l) Personnel assigned to plow snow in the Crystal Bay neighborhood has indicated it would be the best case
scenario to have additional space to plow snow and to eliminate the potential for an obstacle if a large vehicle
is parked in that location. 2) 20' is the standard length for a parking stall and would allow the property
owners and their guests to park a vehicle completely on their property without encroaching into the public
right of way. If the parking space became an obstacle in the right of way the City could reserve the right to
prohibit parking over the property line into the right of way .
#01-2722 Michael and Monica Brown
December 12 , 2001
Paoe 3 of3
COUNCIL ACTION REQUESTED
Motion to adopt the attached resolution approving variances to permit construction of a 6' fence 20' to the
property line adjacent to a street, or follow the Planning Commission recommendation and approve the
resolution allowing the 6' fence to be constructed 15' from the property line, and to approve variances for the
garage location 1 O' from the side property line and 5' from the rear property line.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03 SUBDIVISION 9 (D); SECTION 10.03, SUBDIVISION 13; SECTION
10.28 SUBDIVISION 5 (B); AND SECTION 10.03, SUBDIVISION 15 (C)
FILE NO. 01-2722
WHEREAS, Michael Brown and Monica Brown, (hereinafter "the applicants") are
owners of the property located at 1241 Brown Road South within the City of Orono (hereinafter "the
City") and legally described as follows:
Lots 4 and 5, Block 1, Maxwells Addition Crystal Bay Lake Minnetonka, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied for variances to Municipal Zoning Code
Section 10.03, Subdivision 9 (D), Section 10.03, Subdivision 13, and Section 10.28, Subdivision 5
(B) to permit construction of a 24' X 28' detached garage 1 O' from the side yard adjacent to the street
(south) property line where a 50' setback is required, and 5' from the rear property line where a 1 O'
setback is required; and to Section 10.03, Subdivision 15 (C) to permit construction of a 6' fence 15'
from the side yard adjacent to the street (south) property line, where a 3 Yi' fence is permitted; and
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 public hearings on October 15, 2001 and November 19, 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 #01-2722.
2. The property is located in the RR-lB, Single Family Rural Residential Zoning
District.
Page 1 of 6
3. The Orono Planning Commission reviewed this application on October 15,2001 and
November 19, 2001 and recommended approval of variances by a vote of 7 to O.
4. The Planning Commission made the following findings of fact:
A. Accessory buildings under 750 s.f. are permitted to be located 10' from the
rear and north side property line. Since the applicant 's property is a comer
lot the required setback to each street property line is 50'.
B . The garage would be constructed with the access doors facing the
Minnetonka A venue property line. The proposed design would be consistent
with the current development pattern of other properties located along
Minnetonka A venue.
C . The proposed garage would be 28' X 24' and would have the doors facing the
street to allow backing out to Minnetonka A venue rather than having to back
out to the existing parking area. Across Minnetonka A venue are two
detached garages that are built on the lots with direct access to the street. The
closest garage, across the street is 12.5' from th e paved surface of Minnetonka
Avenue . A second garage is located 25' from the paved surface of the street.
The proposed garage would be located 22 .5' from the paved surface .
D. The applicants have stated their hardship is the garage could not be moved
further to the north due to a large pine tree being located behind the garage
that they would like to keep on the property. Staff has measured the tree and
confirmed it has a trunk diameter of approximately 16" and has a 30' diameter
drip line. The tree is located 12' from the back wall of the existing garage.
E. Nearly all garages built in the Crystal Bay neighborhood on corner lots have
the garage with direct access, including the two lots across the street. One
problem with the direct access is the fact the garages have very short
driveways which do not accommodate off street parking very well. Adequate
off street parking is not always available and Minnetonka A venue is a narrow
road only paved 15' wide.
Page 2 of 6
F . The fence would replace an existing fence located 27' from the property line ,
and would provide privacy screening for the back yard of the house .
G. The lot is a 1/4 acre property located in a 2 acre zoning district requiring 50'
setbacks for fences greater than 6' in height located adjacent to a street
property lines. The property is a comer lot where construction of a 6' privacy
fence would require the fence to be constructed over an area of the property
where it could not provide screening for the back yard area of the house.
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 variances on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings , the Orono City Council hereb y grants
variances to Municipal Zoning Code Section 10.03, Subdivision 9 (D), Section l 0.03 , Subdivision
13 , and Section 10.2 8 , Subdivision 5 (B) to permit construction of a 24' X 28' detached garage 1 O'
from the side yard adjacent to the street (south) property line where 50' is required , and 5' from the
rear property line where a 1 O' setback is required ; and to Section 10.03 , Subdivision 15 (C) to permit
construction of a 6' fence 15' from the side yard adjacent to the street (south) property line , where
a 3 Yi ' fence is permitted subject to the following conditions:
1. The property shall be developed in conformance with the site plan attached hereto as
Exhibit A.
2. The fence shall be constructed a minimum of 20' from the south property line to
provide one (1) outdoor, on-site parking space in accordance with the attached site
plan.
Page 3 of 6
3. Authorities granted by the variances run with the property not with the applicants, but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval , or these variances will expire on that date
(December 10, 2002).
4 . 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.
5. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, and
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 10th day of December, 2001.
ATTEST:
Linda S. Vee , City Clerk
Property Owners
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this 10th day of December, 2001
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Notary Public
Page 4 of 6
ST A TE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
_________ , 200 by Linda S . Vee , City Clerk of the City of Orono , a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
On this __ day of , 20_, ---------------
personally appeared before me ,
__ who is personally known to me
__ whose identity I proved on the basis of _________ _
__ whose identity I proved on the oath/affirmation ________ , a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they ex ecuted the
same as his /her/their free act and deed .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
On this __ day of , 20_, ---------------
personally appeared before me ,
__ who is personally known to me
__ whose identity I proved on the basis of _________ _
__ whose identity I proved on the oath/affirmation ________ , a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his /her/their free act and deed.
Notary Public
Page 5 of 6
Exhibit A
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Application Date :
Deadline:
9/18/01
1/16/01
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DATE: November 16 , 2001
SUBJECT: #01-2722 Michael and Monica Brown
1241 Brown Road South
Variances
Zoning District: RR-lB, 2 acre, One Family Rural Residential
Background: Planning Commission tabled this application in October to allow the property owner to
consider options to the site plan in relation to garage size and setbacks . Applicants had made an application
requiring variances to permit construction of a 28' X 24' detached garage to replace an existing garage . The
proposed garage is proposed to be located 6' off the south (Minnetonka Avenue) property line . The south
property line is defined as a side yard adjacent to street yard requiring a 50' setback. The garage doors are
facing the street, which also requires a 30' setback regardless of zoning district. The garage is also proposed
to be located 5' from the rear property line where a IO' setback is required .
The second part of the application was to replace an existing fence that is 6' in height within the side yard
adjacent to street (Minnetonka Avenue) setback where a maximum height fence is allowed to be 3 Y2 '. The
fence is a privacy fence to the back yard. The fence is located 27' from the property line. The Planning
Commission did state general support for the fence height variance .
Property owners have not submitted a new plan to revise the garage location or access to the property .
However they have stated they are agreeable to move the garage back an additional 5' from the property line.
The total setback to the property line would become 11', rather than 6'. The other issue is the 5' setback to
the alley. Staff can support a 5' setback to the alley . The City does not intend to develop the alley as a
traveled road . All that the alley is used for is for electric service. The hardship is the location of a mature
pine tree that is located behind the garage .
The proposed garage would be consistent with the development along Minnetonka Avenue as the other
detached garages face directly towards the street. The property owners have also agreed to reduce the size
of the outside parking a rea to only accommodate a width of one to one and a half cars .
Please read the attached October Staff Report for additional background.
Staff Recommendation
Staff recommends approval of variances to permit replacement of a 6' fence with in 50' of the street property
line. Staff also recommends approval of variances to permit an 11' side yard adjacent to the street setback
and a 5' setback to the alley based on the proposed garage meets the development pattern of surrounding
properties along Minnetonka Avenue and the alley is not intended to be used for roadway purposes . The
width of tn.e alley and the 5' side setback exceed the l O' that would normally be required for a structure
setback to an adjacent property.
CITY OF ORONO
P.O. Box66
ZONING FILE #01-2722
Crystal Bay, MN 55323
PHONE:(952)249-4600 F AX:(952)249-4616
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 16, 2001
---------~~--------------------------------------------------· --------------------------------------------------
TO: Michael and Monica Brown
1241 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION: X Variance
DATE OF MEETING: October 15, 2001
Conditional Use Permit
Subdivision
Other
VOTE: 6 FOR
Planning Commission recommends the following:
__ Approval as submitted .
__ Approval subject to conditions noted below
Denial for reasons noted below
____x_ Tabled for reasons noted below
__ · No action required
NOTES AND SPECIAL CONDITIONS:
0 AGAINST
The application was tabled to allow an opportunity to redesign the site plan to reflect a change to
the property setbacks. Please contact the Zoning Department to set up an appointment to discuss
the application. Our number is (952) 249-4600. ·
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.
Application Date: 9/18/01
11/17/01 Deadline:
TO:
FROM:
DATE:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
October 8, 2001 ?efSc.f'i p~i~
#01-2722 Michael and Monica Brown \JS
1241 Brown Road South •
SUBJECT:
Va,iances -41 'P. rt O ( M tAMIU
Zoning District: RR-lB, 2 acre, One Family Rural Residential ~ (l '( , k1' j a
List of Exhibits It)\ _ f ... ,
A Application ~ \) U
~ :1~d!~~ Statement dl 11.« J ~ I
D Property Owners Notification List T
E Existing Conditions Property Survey ~ a 1. \ A C. \, •
F Proposed Site Plan ,,;, ~ l" '>~ ""
G Garage Elevation Views and Dimensions
Review of Request: Applicants have requested variances to permit construction of a 28' X 24'
detached garage to replace an existing garage. The proposed garage is proposed to be located 6' off
the south (Minnetonka A venue) property line. The south property line is defined as a side yard
adjacent to street yard requiring a 50' setback. The garage doors are facing the street, which also
requires a 30' setback regardless of zoning district. The garage is also proposed to be located 5' from
the rear property line where a 1 O' setback is required.
Secondly, the applicants are requesting a variance to permit replacement of an existing fence that is
6' in height within the side yard adjacent to street (Minnetonka Avenue) setback where a maximum
height fence is allowed to be 3 '12'. The fence is a privacy fence to the back yard. The fence is
located 27' from the property line.
Code Review:
Garage Variance:
1. Section 10.03, Subdivision 13 -To permit the doors of a detached garage to be located 6' from
a lot line where 30' is required
2. Section 10.28, Subdivision 5 (B) and Section 10.61 Subdivision 5 (A) to permit the side yard
adjacent to street setback to be 6' where 50' is required in the RR-1B district.
#01-2722 Michael and Monica Brown
1241 Brown Road South
I 0/15 /0 I
Page I of 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, OCTOBER 15, 2001
(#9) #01-2722 MICHAEL AND MONICA BROWN, 1241 BROWN ROAD SOUTH,
VARIANCES, 7:44 p.m. -8:16 p.m.
Michael Brown, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicants are requesting variances to permit construction of a 28' by 24'
detached garage to replace an existing garage . The second part of the application is a request for a
variance to permit replacement of an existing fence that is six feet in height within the side yard
adjacent to street setback where a maximum height fence is allowed to be 3.5 feet. The fence is a
privacy fence to the back yard . The fence is located 27 feet from the property line and has existed in
its present location for a number of years.
Weinberger stated the existing garage has existed as a legal non-conforming structure for a number of
years and was built prior to the adoption of the current zoning ordinances. The new two-stall garage
is proposed to be located six feet off the south (Minnetonka A venue) property line . The south
property line is defined as a side yard adjacent to street yard requiring a 50-foot setback . The garage
doors are facing the street, which also requires a 30-foot setback regardless of zoning district. The
garage is also proposed to be located five feet from the rear property line where a ten-foot setback is
required . The garage doors would be located 18.5 feet from the paved surface of Minnetonka
Avenue .
The Applicants currently have a side loading one-stall garage and would like to construct a larger
garage. Also on the property is a 40-foot wide gravel parking area located near Minnetonka Avenue .
The Applicants have indicated the garage could not be moved further to the north due to a large pine
tree being located behind the garage that they would like to keep on the property. Staff has measured
the tree and has confirmed it has a trunk diameter of approximately 16 inches and has a 30-foot
diameter drip line. The tree is located 12 feet from the back wall of the existing garage. The new
garage would not be located any closer to the tree than the existing garage . Weinberger stated two
ways to maximize the setback to the street and save the tree would be to reduce the size of the garage
or move the garage farther to the north and east between the tree and the house.
Weinberger stated the majority of the garages built in the Crystal Bay neighborhood on corner lots
have the garage with direct access, including the two lots across the street. One garage is located 12 .5
feet from the paved surface of Minnetonka A venue and the second garage is located 25 feet from the
paved surface of the street. The proposed garage would be located 18.5 feet from the paved surface.
Thirty feet is the standard . Adequate off-street parking is not always available , with Minnetonka
Avenue being a narrow road paved only 15 feet wide. City standards also only allow one curb cut per
property with a 20 foot width. The 40 foot wide parking area located east of the existing garage will
remain . Weinberger stated the width of the parking area would be narrowed somewhat because the
larger garage would encroach into the existing parking surface . Weinberger noted hardcover is not an
issue in this application.
Weinberger stated the fence is located 27 feet from the property line and approximately 30 feet from
the edge of the pavement on Minnetonka A venue , with the proposed fence remaining in the same
location . The fence is designed to provide privacy to the back yard, as the property is a corner lot
with a public street on two sides of the lot.
PAGE 12
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, OCTOBER 15, 2001
(#01-2722 MICHAEL AND MONICA BROWN, CONTINUED)
Brown indicated parking in the area is a problem and he does require an additional parking area.
Brown commented he prefers to have the parking area located to the side of the garage to avoid cars
parking in front of the garage.
Mabusth inquired whether parking was allowed on the street in that neighborhood.
Brown indicated the road is only 15 feet wide and does not have sufficient room to park a vehicle on
the street.
Mabusth inquired whether there were utility lines in or near the alleyway or whether there was any
public purpose to the alleyway.
Brown stated the sewer is located in front of the house, with the alleyway having a utility easement
over it.
Rahn inquired whether the garage was also intended for storage .
Brown stated it was.
Rahn inquired whether the Applicant would be satisfied with a 24 foot door, with a larger area to the
rear of the garage. ..
Brown stated they had originally thought of it, but following a conversation with Staff, it was
concluded it would be too difficult to back out of the garage onto the street.
Rahn stated he would like to see the garage located at least l O feet from the lot line.
Brown stated they are required to locate the garage in this area due to the large tree located on the lot.
Hawn inquired whether the garage could be brought closer to Minnetonka A venue and his residence,
with the garage being side loading.
Brown stated a front loading garage would be more in keeping with the character of the neighborhood
and would allow them to do more landscaping.
Rahn stated the Applicant could also encroach two feet into the drip line and reduce the size of the
garage somewhat, which would give him ten feet from the lot line.
Brown stated in his view if the garage is moved any closer to the tree, it might damage the tree.
Hawn commented it was her understanding the City did not prefer garages to face the street.
Brown stated the majority of the garages in the area face the street, with his current garage being the
exception.
Gaffron stated one issue the City considers is whether a vehicle is able to park in the driveway
without any portion of the vehicle encroaching into the roadway. Gaffron stated in this instance a
PAGE 13
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, OCTOBER 15, 2001
(#01-2722 MICHAEL AND MONICA BROWN, CONTINUED)
vehicle would not be able to park in the driveway without hanging out into the street. Gaffron noted
the Code does require a 30-foot setback from the lot line. Another issue for consideration is whether
the City wants a structure that close to the street.
Hawn inquired whether the members of the Planning Commission would like to see the size of the
garage reduced.
Mabusth and Kluth stated in their view the garage could perhaps be relocated somewhere else on the
property.
Rahn stated in his view the garage could perhaps be moved five feet closer to the house.
Brown stated he does not need to park in front of the garage since he has a parking area to the side of
the garage. Brown reiterated the other garages in the neighborhood face the street.
Rahn stated the issue for the Planning Commission is whether a hardship exists to grant the variance.
Hawn stated in her opinion the Applicant could design a garage that would avoid the need for a
setback variance, does not load from the street, and does not require two curb cuts.
Brown indicated he was not familiar with curb cuts prior to tonight 's meeting .
Hawn inquired whether the Planning Commission had any issues with the fence replacement.
It was the consensus of the Planning Commission that they are in favor of a variance to permit
replacement of an existing fence.
Lindquist stated he is not in favor of the garage facing the street.
Brown stated he needs the Planning Commission to explain why they would approve a garage within
the last year for the mayor for the very same type of reasons .
Hawn indicated it was her understanding there were some issues dealing with setbacks in that file.
Gaffron stated he will check the file to see what the setback was from the street front line to the front
of the garage .
Brown stated one option would be to cut down the pine tree.
Hawn stated the Planning Commission is not asking the Applicant to remove the pine tree.
Brown stated he would prefer not to have to cut down the tree.
Rahn stated if the garage is located five feet closer to the house, a variance would not be required.
Brown stated it is his belief the pine tree is located more towards the middle of the garage than the
street. Brown stated in his view his request is reasonable.
PAGE 14
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, OCTOBER 15, 2001
(#01-2722 MICHAEL AND MONICA BROWN, CONTINUED)
Weinberger stated the issue he had with a front loading 'garage is that the location of the garage near
the street would not allow parking in the driveway. Weinberger stated the garage in this location does
make some sense given the parking area to the side.
Gaffron stated the mayor's garage is located ten feet from the street lot line and 20 feet from the
traveled roadway.
Hawn inquired whether there was any other location the mayor could have built her garage. Hawn
stated it is her recollection there was only one location available for the garage.
Lindquist stated he would not have a problem with the garage if it were located ten feet from the
street and ten feet from the rear property line .
Stoddard stated he also is in agreement with that.
Lindquist stated the garage could be moved closer to the house.
Rahn indicated he would prefer the garage be located ten feet from the lot line.
Hawn commented the Planning Commission should not be designing the garage for the Applicant.
Brown stated he would like some direction from the Planning Commission. Brown indicated he is
requesting the variance due to the pine tree.
Lindquist stated in his view the garage could be located closer to the residence or reduced somewhat
in size to allow for a larger setback to the street.
Hawn stated she would not have as much concern regarding the location of the garage if it was a side
loading garage. Hawn stated in her view a portion of the parking area could be utilized for the
garage. Hawn suggested the Applicant review his options for location of the garage.
Brown requested his application be tabled.
Hawn moved, Mabusth seconded, to table Application #01-2722, Michael and Monica Brown,
1241 Brown Road South, to allow the Applicant time to review the location of the garage.
VOTE: Ayes 6, Nays 0.
(Recess taken from 8:16 p.m. to 8:18 p.m.)
PAGE 15
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
MONDAY, OCTOBER 15, 2001
(#10) #01-2723 MARK BREWER, 3800 SHORELINE DRIVE, COMMERCIAL SITE PLAN
REVIEW, 8:19 p.m. -8:41 p.m.
Mark Brewer, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Brewer Chiropractic Clinic in Mound has filed an application for a commercial
site plan review to convert the existing non-conforming single family dwelling located at 3800
Shoreline Drive into a clinic. The property is located within the B-5 District, with clinics being a
permitted use in this district. Weinberger noted no variances are required .
Weinberger stated the building has undergone some extensive interior remodeling by Brewer as part
of the conversion of the structure from a residential use to a clinic/office use. The remodeling has
included making the building handicap accessible per ADA requirements. The City has issued
permits for the interior remodeling, but the creation of a commercial parking lot has triggered the
need for a commercial site plan review. The proposed parking lot was partially installed prior to the
issuance of permits, and work was stopped by the building inspector pending approval of this
commercial site plan review.
Weinberger stated the site plan does meet all the requirements of the B-5 Zoning District, with the
proposed use being an excellent fit for the B-5 District. The primary issues with the site is the ability
to adequately direct runoff without curb and gutter and the proposed location and direction of the
drainage outlet. The City Engineer and Staff are recommending that the parking lot be provided with
concrete curb and gutter to provide positive runoff control and that the runoff be directed to the
northwest toward the planning Hennepin County stormwater pond rather than eastward toward the
future City park site. Weinberger stated the Applicant is proposing to provide eight parking stalls,
which meets the minimum requirement. The Applicant has also been in contact with the Minnehaha
Creek Watershed District, with the MCWD issuing a permit for the proposed plan.
Staff recommends approval of the application subject to the following conditions:
I . The final design of the parking lot must meet the requirements as specified by the City Engineer,
including the installation of curb and gutter to positively direct runoff to its intended end location ,
avoiding ptential negative impacts to adjacent properties.
2. The final stormwater management and drainage plans, including a drainage area map and
calculations, must be submitted for review and approval by the City Engineer, and the final
stormwater plan must be confirmed as acceptable to the MCWD.
3. All other comments noted by the City Engineer, in the letters dated September 27, 2001, and
October I 0, 200 I, must be satisfied.
Brewer stated he is agreeable to directing the water in the direction recommended by Staff, but
indicated he was unaware of the City's requirement for curb and gutter. Brewer stated due to
financial concerns, he would like to delay installation of curb and gutter. Brewer indicated to install
curb and gutter would cost between $10,000 and $12 ,000.
PAGE 16
Application Date: 9/18/01
11/17/01 Deadline:
TO:
FROM:
DATE:
SUBJECT:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
October 8, 2001
#01-2722 Michael and Monica Brown
1241 Brown Road South
Variances
Zoning District: RR-lB, 2 acre, One Family Rural Residential
List of Exhibits
A Application
B Hardship Statement
C Plat Map
D Property Owners Notification List
E Existing Conditions Property Survey
F Proposed Site Plan
G Garage Elevation Views and Dimensions
Review of Request: Applicants have requested variances to permit construction of a 28' X 24'
detached garage to replace an existing garage. The proposed garage is proposed to be located 6' off
the south (Minnetonka Avenue) property line. The south property line is defined as a side yard
adjacent to street yard requiring a 50' setback. The garage doors are facing the street, which also
requires a 30' setback regardless of zoning district. The garage is also proposed to be located 5' from
the rear property line where a 1 O' setback is required.
Secondly, the applicants are requesting a variance to permit replacement of an existing fence that is
6' in height within the side yard adjacent to street (Minnetonka Avenue) setback \.Vhere a maximum
height fence is allowed to be 3 Yi'. The fence is a privacy fence to the back yard . The fence is
located 27' from the property line.
Code Review:
Garage Variance :
I. Section 10.03, Subdivision 13 -To permit the doors of a detached garage to be located 6' from
a lot line where 30' is required
2 . Section 10.28, Subdivision 5 (B) and Section 10.61 Subdivision 5 (A) to permit the side vard
adjacent to street setback to be 6' where 50' is required in the RR-IB district.
#01-2722 Michael and Monica Brown
1241 Brown Road South
I 0/15/0 I
Page I of5
3. Section 10.61. Subdivision 5 (A) to permit a garage to be located 5' from the rear property line
where 1 O''is required for construction of a detached garage.
The applicants have stated their 15' X 22' garage is not large enough and would like to construct a
larger garage. The proposed garage would be 28' X 24' and would have the door access facing the
street to allow backing out onto Minnetonka A venue rather than having to back out to the existing
parking area. Across Minnetonka A venue are two detached garages that are built on the lots with
direct access to the street. The closest garage, across the street is 12.5' from the paved surface of
Minnetonka A venue . A second garage is located 25' from the paved surface of the street. The
proposed garage would be located 18.5' from the paved surface. 30' is the standard.
In the applicants hardship statement they have stated the garage could not be moved further to the
north due to a large pine tree being located behind the garage that they would like to keep on the
property. Staff has measured the tree and confirmed it has a trunk diameter of approximately 16"
and has a 30' diameter drip line. The tree is located 12' from the back wall of the existing garage .
The new garage would not be located closer to the tree than the existing garage.
The two ways to obvious maximize the setback to the street and save the tree would be to reduce the
size of the garage or move the garage farther to the north and east between the tree and the house.
Nearly all garages built in the Crystal Bay neighborhood on comer lots have the garage with direct
access, including the two lots across the street. One problem with the direct access is the fact the
garages have very short driveways posing a problem with off street parking. Adequate off street
parking is not always available and Minnetonka A venue is a narrow road only paved 15' wide .
City standards only allow one curb cut per property with a 20' width. The property has an existing
40' wide parking area located east of the existing garage that would remain, however the width
would be narrowed because the larger garage would encroach into the existing parking surface .
Fence Variance:
1. Section 10.03. Subdivision 15 (C): This section permits 3 Yi foot fences as a non-encroachment
to required yard setbacks. Applicants have requested variances to replace the existing 6' fence
located 27' from the propertv line .
Non Lakeshore Lots
Exceptions to the 3 Yi foot setback are permitted for fences located outside of front yard setbacks
and side yard adjacent to street setbacks (A fence up to 6 feet in height could be constructed within
the side) ard setback on the north side of the house and rear yard setback.)
The proposed fence would remain in the same location as the existing fence. The fence is to provide
privacy to the back yard, as the property is a corner lot with a public street on two sides of the lot.
The fence is located 27' from the property line and 38.5' from the paved surface of the street.
#01-2722 Michael and Monica Brown
1241 Brown Road South
I Oil 510 I
Page 2 of 5
Hardcover:
The property is located in the Shoreland area. It is located within the 500' -1,000' setback to the high
"vater level of French Lake. The total proposed hard,cover is 3,536 s.f. (21.5%) where 5,759 s.f.
(35%) is allowed. Total lot area is 16,455 s.f.
New Hardcover
672 s.f. for the new detached garage
144 s.f. for the new driveway access
S TAT E M E NT OF H ARD S H I P
Applicant's hardship is included with Exhibits A and B. The applicant should also be asked for
their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property is being put to a reasonable use because it contains a single family residence .
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The garage would be constructed with the doors facing towards Minnetonka Avenue which
is consistent with other garages in the neighborhood. What circumstances prohibit
placement of the garage between the tree and the house to allow for a greater street setback?
3. The variance, if granted, will not alter the essential character of the locality.
The variance would not change the character of the locality. The development pattern of the
lot is in character with the general development pattern of the Crystal Bay neighborhood.
4. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
Economic factors are not a consideration.
5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight
for solar energy systems.
Solar access is not a consideration.
6 . The Board of Appeals and Adjustments or the Council may not permit as a variance
f~r any use that is not permitted under this Chapter for the property in the zone where
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15/01
Page 3 of5
the affected person's land is located.
The use of the property would remain residential which is a permitted use in the zoning
district.
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
The applicant will not be changing the dwelling status of the property.
8. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
The lot is a corner lot with setback requirements for 2 acre lots. The applicant's property
was platted and developed prior to the adoption of the zoning ordinance. The actual lot size
of this lot is about 113 of an acre. If even Yi acre standards were applied to the property a
15' to side yard adjacent to street setback would be required, rather than 50'. This standard
applies to the fence and garage. And, any garage with doors facing the street must be 30'
from the lot line regardless of the district.
The 5' garage setback to the rear property line is adjacent to a platted alley ihat is not
developed. The actual distance to the neighboring property line and the garage would be
17'.
9. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The condition of small lot size is unique in the RR-1 B District but similar to other properties
in the Crystal Bay neighborhood. The largest area of the rural part of the City is zoned RR-
] B. However, much of the RR-I B district was developed at the two acre standard.
10. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The garage would provide indoor parking for two vehicles. The existing garage only could
provide parking for one vehicle.
A 6' fence could be constructed in the proposed location if the Yi acre standards were
applied.
11. The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.
The fence would not impair the health, safety, comfort, morals, or in any other respect be
contrary to the intent of the Zoning Code. The lack of setback from the garage doors to the
stret is a potential safety issue, especially if it results in cars perpetually parked in the right-
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15/01
Page 4 of 5
of-way ...
12 . The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
Applicant 's hardship statement is attached. Planning Commission should determine if the
tree is a valid hardship, or if the garage could be relocated so as to maximize the street
setback to more closely meet the 30' requirement.
Options for Planning Commission Action
A. Recommend approval of the variances to allow the detached garage and fence in the location
attached.
B. Recommend approval with discussion of the size of the garage, could the garage be moved
further from the property line if the size is reduced?
C. Table and provide direction to the applicant to what possible revisions that can be made .
D. Recommend denial, stating reasons .
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15/01
Page 5 of5
#272°
CITY OF ORONO -VARIANCE~ICATION .
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INF0Ri"\1ATI0N
SiteAddress {2-l/( Srz..oW.,J A..c,{ S,
Application # 0 J -2. 7 2 'Z..
Date Received "1 /Jg/ c I
Amount Paid -f '2. s: o
Property Identification Number (P.I.D .) / 0 -I/ 7-23 3 / D Obb ·
Attach legal description to application if not !luded on required survey.
Da~e Pro cquired £iJ d0 (month/year)
I ( ~ do not) so own the ~acent parcels of land.
p{escllt property: _../_rree~sidential __ other (specify) _________ _
Zoning District: Afs -a. / f3 · :
A
APPL I CANT ~ /v'i cJrJ I c A-Phone (home) 9 S~ f/ t .t O O I .
Name 1.1 IC~L,c~J 1) • ..,, 17 4-f?1<..-ov-.l""1 Phone (work) __ ~_.> .6_!2--_'i___;'j=----,,'J_-_f_Y / 7 (""v;•c ii.
Address: l k'-1 I ts "-'.i ._;,..; rz d s ·o .;f Lcity: __ W_+J __ .l.._-t-_-_, ~---Zip : S-.S--J 7 I I-f.
O\VNER !if different than applicant)
M \ c.-111f-'aAre 4-{VI o) 1 C.<\-o;D..o Ld,J
Address: / 2-L/ I (!,.'L{; '-..J,J 't?_q J,
Phone (home)
Phone (work)
City: (;..I tr;J -;4--7+-
CJ r ... 2-C/7 t-t, t; 0 I
7 [;;,, 9 7 J-i/f'9 y { r-, .:,._/, (~·-
Zip: S-f J 7 I .
DESCRIPTION OF REQUEST Estimated Const.ructi,o~ Cost$ 4 ,f-/ 1), 0 0 0
Describx request in det~il: Eerlc...c..e. I (,x..f;sf,,,,;5 /J ,.:J X 2-2-,.J/ J 44<,(e.. l).);/t, 2'i/x. L.-J -;.
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1 '(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot \Vidth Hardcover __ Lot Coverage
Average Lakes ho re Setback: Front ~Side ){ Rear
__ Other (specify) ------------------------
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CO~DIT IONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance \\1th Zoning Code requirements: 2o ..J, /\f · G S"o/ ~ ei-~ ..r?d e /f'-1~:(-
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and data from City, County, and State road authorities and other sources:_,:·).':~·
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(17)
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RUN DATE 07/31/01
BATCH 503
IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
,,
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
tlAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
tlAHE/ADDR
PROP ADDR
OWNER NAME
38 10-117-23 11 0002
00038 ADDRESS UNASSIGNED
HCLEOD CNTY REG RAIL AUTII
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON HN 55350
38 10-117-23 24 0024
01245 LAKEVIEW AVE
VIRGINIA NORD GRIFFITHS
VIRGINIA NORD GRIFFITHS
1245 LAKEVIEW AVE
WAYZATA NH 55391
38 10-117-23 31 0024
01275 BROWN RDS
TOWN OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY HN 55323
38 10-117-23 31 0031
01250 ARBOR ST
CARY F BURTON
CARY R FARLEY
1250 ARBOR ST
PO BOX 22
CRYSTAL BAY HN 55323
38 10-117-23 31 0066
01241 BROWN RDS
HT BROWN & HE BROWN
MONICA T & HICHAEL E BROWN
1241 BROWN RDS
WAYZATA HN 55391
TAXPAYER TOTAL BATCH 503 00015
NAHE/ADDR
ti y 1!1·';:}11,.:. ~~!I t i;Cb
.,t-.,--·'~\
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38 10-117-23 24 0022
01212 ARBOR ST
JR CADY & SR CADY
SR CADY & JR CADY
1212 ARBOR ST
WAYZATA MN 5.5391
38 10-117-23 31 0022
01251 BROWN RDS
CRAIG W & JUDY D CttRISTENSEN
CRAIG & JUDY CHRISTENSEN
1251 BROWN ROADS
WAYZATA HN 55391
38 10-117-23 31 0029
01270 ARBOR ST
J E FULLERTON & AH HOLDZIO
J E FULLERTON & AH HOLDZIO
1270 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0064
01205 BROWN RDS
ROGER A DAV
ROGER A DAV
1205 BROWN RDS
WAYZATA HN 55391
38 10-117-23 31 0069
01230 ARBOR ST
PG HARTIN & CH HARTIN
PC HARTIN & CH HARTIN
1230 ARBOR ST
~AVZATA MN 55391
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REPORT NO . PI435401
PAGE . 9
38 10-117-23 24 0023
01225 LAKEVIEW AVE
WA JOll~ON & AH FARNHAM
WA JOHNSON & AM FARNIIAH
1225 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0023
00038 ADDRESS UNASSIGNED
CRAIG W & JUDY D CHRISTENSEN
CRAIG & JUDY CHRISTENSEN
1251 BROWN ROADS
WAYZATA HN 55391
38 10-117-23 31 0030
01250 ARBOR ST
CARY F BURTON
CARY F FARLEY
1250 ARBOR ST
PO BOX 22
CRYSTAL BAY HN 55323
38 10-117-23 31 0065
01223 BROWN RDS
CURTIS R QUADY ETAL
CURTIS QUADV
BOX 127
CRYSTAL BAY HN 55323
38 10-117-23 31 0099
01240 ARBOR ST
LS KENNEN & J H KELLAR
LEONARD S KENNEN
JANICE H KENNEN
1223 ARBOR ST
WAYZATA HN 55391
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Application Date:
Deadline:
9/18/01
1/16/01
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DATE: November 16 , 2001
SUBJECT: #01-2722 Michael and Monica Brown
1241 Brown Road South
Variances
Zoning District: RR-lB, 2 acre, One Family Rural Residential
Background: Planning Commission tabled this application in October to allow the property owner to
consider options to the site plan in relation to garage size and setbacks. Applicants had made an application
requiring variances to permit construction of a 28' X 24' detached garage to replace an existing garage. The
proposed garage is proposed to be located 6' off the south (Minnetonka Avenue) property line . The south
property line is defined as a side yard adjacent to street yard requiring a 50' setback. The garage doors are
facing the street, which also requires a 30' setback regardless of zoning district. The garage is also proposed
to be located 5' from the rear property line where a IO' setback is required.
The second part of the application was to replace an existing fence that is 6' in height within the side yard
adjacent to street (Minnetonka Avenue) setback where a maximum height fence is allowed to be 3 Yz'. The
fence is a privacy fence to the back yard. The fence is located 27' from the property line. The Planning
Commission did state general support for the fence height variance.
Property owners have not submitted a new plan to revise the garage location or access to the property .
However they have stated they are agreeable to move the garage back an additional 5' from the property line.
The total setback to the property line would become 11 ', rather than 6'. The other issue is the 5' setback to
the alley . Staff can support a 5' setback to the alley. The City does not intend to develop the alley as a
traveled road . All that the alley is used for is for electric service . The hardship is the location of a mature
pine tree that is located behind the garage.
The proposed garage would be consistent with the development along Minnetonka A venue as the other
detached garages face directly towards the street. The property owners have also agreed to reduce the size
of the outside parking area to only accommodate a width of one to one and a half cars.
Please read the attached October Staff Report for additional background.
Staff Recommendation
Staff recommends approval of variances to permit replacement of a 6' fence within 50' of the street property
line. Staff also recommends approval of variances to permit an 11' side yard adjacent to the street setback
and a 5' setback to the alley based on the proposed garage meets the development pattern of surrounding
properties along Minnetonka Avenue and the alley is not intended to be used for roadway purposes . The
width of the alley and the 5' side setback exceed the 1 O' that would normally be required for a structure
setback to an adjacent property.
3
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
PHONE:(952)249-4600 FAX:(952)249-4616
TO: Michael and Monica Brown
1241 Brown Road South
Wayzata, MN 55391
ZONING FILE #01-2722
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 16, 2001
TYPE OF APPLICATION: X Variance
DA TE OF MEETING: October 15, 2001
Conditional Use Permit
Subdivision
Other
VOTE: 6 FOR
Planning Commission recommends the following:
Approval as submitted
__ Approval subject to conditions noted below
Denial for reasons noted below
_x_ Tabled for reasons noted below
__ · No action required
NOTES AND SPECIAL CONDITIONS:
0 AGAINST
The application was tabled to allow an opportunity to redesign the site plan to reflect a change to
the property setbacks. Please contact the Zoning Department to set up an appointment to discuss
the application. Our number is (952) 249-4600.
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 .
Application Date: 9/18/01
11/17/01 Deadline:
TO:
FROM:
DATE:
SUBJECT:
Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
Paul Weinberger, Zoning Administrator/Planner
October 8, 2001
#01-2722 Michael and Monica Brown
1241 Brown Road South
Variances
Zoning District: RR-lB, 2 acre, One Family Rural Residential
List of Exhibits
A Application
B Hardship Statement
C Plat Map
D Property Owners Notification List
E Existing Conditions Property Survey
F Proposed Site Plan
G Garage Elevation Views and Dimensions
Review of Request: Applicants have requested variances to permit construction of a 28' X 24'
detached garage to replace an existing garage. The proposed garage is proposed to be located 6' off
the south (Minnetonka A venue) property line. The south property line is defined as a side yard
adjacent to street yard requiring a 50' setback. The garage doors are facing the street, which also
requires a 30' setback regardless of zoning district. The garage is also proposed to be located 5' from
the rear property line where a 1 O' setback is required.
Secondly , the applicants are requesting a variance to permit replacement of an existing fence that is
6' in height within the side yard adjacent to street (Minnetonka Avenue) setback where a maximum
height fence is allowed to be 3 Yi'. The fence is a privacy fence to the back yard. The fence is
located 27' from the property line.
Code Review:
Garage Variance:
1. Section 10.03, Subdivision 13 -To permit the doors of a detached garage to be located 6' from
a lot line where 30' is required
2. Section 10.28, Subdivision 5 (B) and Section 10.61 Subdivision 5 (A) to permit the side yard
adjacent to street setback to be 6' where 50' is required in the RR-lB district.
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15 /01
Page l of 5
q
3. Section 10.61, Subdivision 5 (A) to permit a garage to be located 5' from the rear property line
where 1 O' is required for construction of a detached garage .
The applicants have stated their 15' X 22' garage is not large enough and would like to construct a
larger garage. The proposed garage would be 28' X 24' and would have the door access facing the
street to allow backing out onto Minnetonka A venue rather than having to back out to the existing
parking area. Across Minnetonka A venue are two detached garages that are built on the lots with
direct access to the street. The closest garage, across the street is 12.5' from the paved surface of
Minnetonka A venue. A second garage is located 25' from the paved surface of the street. The
proposed garage would be located 18.5' from the paved surface. 30' is the standard.
In the applicants hardship statement they have stated the garage could not be moved further to the
north due to a large pine tree being located behind the garage that they would like to keep on the
property. Staff has measured the tree and confirmed it has a trunk diameter of approximately 16"
and has a 30' diameter drip line. The tree is located 12' from the back wall of the existing garage .
The new garage would not be located closer to the tree than the existing garage.
The two ways to obvious maximize the setback to the street and save the tree would be to reduce the
size of the garage or move the garage farther to the north and east between the tree and the house.
Nearly all garages built in the Crystal Bay neighborhood on comer lots have the garage with direct
access, including the two lots across the street. One problem with the direct access is the fact the
garages have very short driveways posing a problem with off street parking. Adequate off street
parking is not always available and Minnetonka A venue is a narrow road only paved 15' wide.
City standards only allow one curb cut per property with a 20' width. The property has an existing
40' wide parking area located east of the existing garage that would remain, however the width
would be narrowed because the larger garage would encroach into the existing parking surface.
Fence Variance :
1. Section 10.03, Subdivision 15 (C): This section permits 3 Yz foot fences as a non-encroachment
to required yard setbacks . Applicants have requested variances to replace the existing 6' fence
located 27' from the property line .
Non Lakeshore Lots
Exceptions to the 3 Yz foot setback are permitted for fences located outside of front yard setbacks
and side yard adjacent to street setbacks (A fence up to 6 feet in height could be constructed within
the side } ard setback on the north side of the house and rear yard setback.)
The proposed fence would remain in the same location as the existing fence. The fence is to provide
privacy to the back yard, as the property is a comer lot with a public street on two sides of the lot.
The fence is located 27' from the property line and 38.5' from the paved surface of the street.
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15/01
Page 2 of 5
Hardcover:
The property is located in the Shoreland area. It is located within the 500' -1,000' setback to the high
water level of French Lake. The total proposed hardcover is 3,536 s.f. (21.5%) where 5,759 s.f.
(35%) is allowed. Total lot area is 16,455 s.f.
New Hardcover
672 s .f. for the new detached garage
144 s .f. for the new driveway access
S T AT E M E NT OF H ARD S HI P
Applicant's hardship is included with Exhibits A and B. The applicant should also be asked for
their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls .
The property is being put to a reasonable use because it contains a single family residence .
2 . The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The garage would be constructed with the doors facing towards Minnetonka Avenue which
is consistent with other garages in the neighborhood. What circumstances prohibit
placement of the garage between the tree and the house to allow for a greater street setback?
3. The variance, if granted, will not alter the essential character of the locality.
The variance would not change the character oft he locality. The development pattern of the
lot is in character with the general development pattern of the Crystal Bay neighborhood.
4. Economic considerations alone shall not con stitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
Economic factors are not a consideration.
5. Undue hardship also includes, but is not limited to , inadequate access to direct sunlight
for solar energy systems.
Solar access is not a consideration.
6 . The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15 /01
Page 3 of 5
the affected person's land is located.
The use of the property would remain residential which is a permitted use in the zoning
district.
7. The Board or Council may permit as a variance the temporary use of a one-family
dwelling as a two -family dwelling.
The applicant will not be changing the dwelling status of the property.
8. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
The lot is a corner lot with setback requirements for 2 acre lots. The applicant's property
was platted and developed prior to the adoption of the zoning ordinance. The actual lot siz e
of this lot is about 1 /3 of an acre . If even ~ acre standards were applied to the property a
15' to side yard adjacent to street setback would be required, rather than 50'. This standard
applies to the fence and garage. And, any garage with doors facing the street must be 30'
from the lot line regardless of the district.
The 5' garage setback to the rear property line is adjacent to a platted alley ihat is not
developed. The actual distance to the neighboring property line and the garage would be
1 7 '.
9. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The condition of small lot size is unique in the RR-1 B District but similar to other properties
in the Crystal Bay neighborhood. The largest area of the rural part of the City is zoned RR-
1 B. However, much of the RR-1 B district was developed at the two acre standard.
10 . The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The garage would provide indoor parking for two vehicles. The existing garage only could
provide parking for one vehicle.
A 6' fence could be constructed in the proposed location if the ~ acre standards were
applied.
11. The granting of the proposed variance will not in any way impair health, safety,
comfort , morals, or in any other respect be contrary to the intent of the Zoning Code.
The fence would not impair the health, safety, comfort, morals, or in any other respect be
contrary to the intent of the Zoning Code. The lack of setback from the garage doors to the
stret is a potential safety issue, especially if it results in cars perpetually parked in the right-
#01-2722 Michael and Monica Brown
1241 Brown Road South
I 0/15 /0 I
Page 4 of 5
ofway. ..
12. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty .
Applicant's hardship statement is attached. Planning Commission should determine if the
tree is a valid hardship, or if the garage could be relocated so as to maximize the street
setback to more closely meet the 30' requirement.
Options for Planning Commission Action
A. Recommend approval of the variances to allow the detached garage and fence in the location
attached.
B. Recommend approval with discussion of the size of the garage , could the garage be moved
further from the property line if the size is reduced?
C. Table and provide direction to the applicant to what possible revisions that can be made.
D. Recommend denial, stating reasons .
#01-2722 Michael and Monica Brown
1241 Brown Road South
10/15/01
Page 5 of 5
A
#272Q
CITY OF ORONO -VARIANCE~ICATION
Initial Application Fee $250.00
Application # 0 I -2 7 2 'Z..
Date Received q /I 8 / o I
Amount Paid -f'2. S-0
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFOR1\-1A TION
SiteAddress /2-l// er2..0L.J.,J P-.c{ S,
Property Identification Number (P.l.D .) / 0 -I I 7-2.3 3 / 0 Obb
Attach legal description to application if not !!:luded on required survey .
Da~e Pro cquired q L!j.O (month/year)
I (~ do not) so own the ~acent parcels of land .
p(es~t property: _../_rree~sidential __ other (specify) _________ _
Zoning District: A/? -=-I t3 ·
APPLICANT J: /'v'tv,.Ji cA-Phone (home) '1J-'2-f/t 1 ° 0 I .
Name q,c~L-4-1 1) 1 0/1<4--f?~·ou-Jt--1 Phone(work) __ ~_---_.£_!_k_Lf--=f~J_-_f_y-;7f(...,,,,h.
Address: l k'1' / ts IV,j ._; rJ rz d S'o c) f L-city : __ W_~-+-z._t-_1 + ___ Zip: S.1J 7 / '-'i
O\VNER £if d ifferent than applicant)
JV\\ c.-rr~ake 4-tM (J ,JI CAr bP-o L),J
Address: I 2--L/ I /5-'Lc "..J ,u t!._ q J,
Phone (home)
Phone (work)
City: lJ 4;J ~,+-
9 r .... 2-97t-t -c O I
7 [";;,,-9 7 J-'IJ79 Y ( "'1 .::,.J , c ~_
Zip : .S-J' J 7 /
DESCRIPTION OF REQUEST Estimated Constructi,09-Cost $ -4' £--/ 'D, 0 0 0
_ __?escri~.~ request in detc:!-il: l?eflc .. cc_ I (x.s_1sf,,,;5 /.J ,J X 2-2-,.J/ j 4 ~5
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1 (attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width Hardcover __ Lot Co verage
Setback: Front ~Side ){ Rear Average Lakeshore
Other (specify) -------------------------
HARDSHIP/DESCRIPTI ON OF UNUSUAL PROPERTY CONDIT I ONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance \vith Zoning Code requirements : '20,.;, tv · C, S-o/ J7d e jl--1'4,J;(-
Se._ fl;. · M"'"~ 1f ,., 17J.1JL/e... -f-o /l'r) llA11/e · /l...-0 e n • c.,0 e..
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This is not a legally recorded map. It represents a compilation qf infornjatioii .t:.
and data from City, County, and State road authorities and other sources.-~''.\";
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2
RUN DATE 07/31/01
BATCH 503
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
~IAHE/ADDR
38 10-117-23 11 0002
00038 ADDRESS UNASSIGNED
MCLEOD CNTY REG RAIL AUTH
DAKOTA RAIL INC
25 ADAMS ST N
HUTCHINSON HN 55350
38 10-117-23 24 0024
01245 LAKEVIEW AVE
VIRGINIA NORD GRIFFITHS
VIRGINIA NORD GRIFFITHS
1245 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0024
01275 BROWN RDS
TOWN OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY HN 55323
38 10-117-23 31 0031
01250 ARBOR ST
CARY F BURTON
CARY R FARLEY
1250 ARBOR ST
PO BO)( 22
CRYSTAL BAY MN 55323
38 10-117-23 31 0066
PROP ADDR 01241 BROWN RDS
OWNER NAME HT BROWN & ME BROWN
TAXPAYER MONICA T & MICHAELE BROWN
NAME/ADDR 1241 BROWN RDS
PROP ADDR
OWNER NAME
WAYZATA MN 55391
TAXPAYER TOTAL BATCH 503 00015
NAME/ADDR
t11 ~.-y,.·/~~;!t ti;,d
,;,--·,;.> l ,;\
,:~.,;.:~'/;/
f ·~
38 10-117-23 24 0022
01212 ARBOR ST
JR CADY & SR CADY
SR CADY & JR CADY
1212 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0022
01251 BROWN RDS
CRAIG W & JUDY D CHRISTENSEN
CRAIG & JUDY CHRISTENSEN
1251 BROWN ROADS
WAYZATA MN 55391
38 10-117-23 31 0029
01270 ARBOR ST
J E FULLERTON & AM MOLDZIO
J E FULLERTON & AH MOLDZIO
1270 ARBOR ST
WAYZATA MN 55391
38 10-117-23 31 0064
01205 BROWN RDS
ROGER A DAY
ROGER A DAY
1205 BROWN RDS
WAYZATA MN 55391
38 10-117-23 31 0069
01230 ARBOR ST
PG HARTIN & CH HARTIN
PC MARTIN & CH MARTIN
1230 ARBOR ST
WAYZATA MN 55391
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REPORT NO. PI435401
38 10-117-23 24 0023
01225 LAKEVIEW AVE
PAGE 9
WA JOHNSON & AM FARNHAM
w A JOHNSON & AM FARNHAM
1225 LAKEVIEW AVE
WAYZATA MN 55391
38 10-117-23 31 0023
00038 ADDRESS UNASSIGNED
CRAIG W & JUDY D CHRISTENSEN
CRAIG & JUDY CHRISTENSEN
1251 BROWN ROADS
WAYZATA MN 55391
38 10-117-23 31 0030
01250 ARBOR ST
CARY F BURTON
CARY F FARLEY
1250 ARBOR ST
PO BOX 22
CRYSTAL BAY MN 55323
38 10-117-23 31 0065
01223 BROWN RDS
CURTIS R QUADY ETAL
CURTIS QUADY
BO)( 127
CRYSTAL BAY MN 55323
38 10-117-23 31 0099
01240 ARBOR ST
LS KENNEN & J H KELLAR
LEONARD S KENNEN
JANICE H KENNEN
1223 ARBOR ST
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