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Home My WebLink AboutProject PacketTRACKING SHEET FILE NO. 04-3065 Staff: M..e;f aM 1-U SITE ADDRESS: 3265 Carman Rd. Applicant: D. Mark Hector Address: 3265 Carman Rd. Owner: D. Mark Hector Address: 3265 Carman Rd. Excelsior, MN 55331 Excelsior, MN 55331 'pl(' Meeting with Staff D Application Completed Date:---"'-~~--'--'--{)-=--· t..,...<..__J ~~ Date:_l _t ..__( -'--I ..L...C/ lJ_v-'-l __ 60 Day: ~ Incomplete Notice Sent Date: \ 01.JI bl.,\ Copy of Application Sent to: ,, Engineer _ County DNR MCWD ~erty Owners Notified: Date: _ _,_,l 1_-_;:_~_-_o_v_J __ _ Legal Notice Published Date:___,_} o~~-=j _D~-6=-"""'_,__\ __ 0 I /o) ) o-S I LMCD PC Meeting(s): I\-IG~O L---\ Vote: __ _,____,__.....,___-----'--------------- Vote: --------------------- Vote: --------------------- )4--Notice of PC Action: -------------------- City Council Meeting(s ): _0-'----'----\ /_\.....,.Q'---l----""--Q__,fl'--------Vote: __ v\_/lJ ___ _ Vote: -------------------- Vote: -------------------- D Resolution: CITY of ORONO November 30, 2004 D. Mark & Bonnie Hector 3265 Cannan Rd Excelsior, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: 60-Day Review Period Extension Application # 04-3065 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 -0066 State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your application was received on October 19 and was considered to be complete on November 1, and the 60-day review period would end on January 1, 2005. However, due to scheduling the earliest potential date of final Council action for your application falls after the 60-day period expiration . Therefore, the 60-day review period is hereby extended cm additional 60 days to March 1, 2005. Please contact me with any questions regarding this matter. Sincerely, City of Orono Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO October 26, 2004 D. Mark & Bonnie Hector 2365 Carman Rd Excelsior, MN 55331 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #04-3065 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance for property located at 3265 Carman Road. Below is a list ofitems the City of Orono is requesting to complete our review: ,/ 2 original certificates of survey, signed by licensed surveyor, indicating the existing site conditions and proposed changes. ,/ All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. Application #04-3065 is incomplete. If you wish to proceed with your application please submit the items requested above by Thursday, November 4, 2004 to remain on the November 15, 2004 Planning Commission agenda. Please call me at 952.249.4627 should you have any questions. Sincerely, ~{!fffib(j Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.rnn.us ST A TE 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 #04-3065, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of November, 2004. ~ Denise M. Leskinen 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 Orono Council Chambers at 2780 Kelley Parkway on Monday, November 15, 2004, beginning at 6:00 p .m. on the matter of reviewing the following land use applications: 1. #04-3022 2. #04-3052 3 . #04-3055 4. #04-3056 5. #04-3057 6. #04-3060 7. #04-3062 8 . #04-3063 9. #04-3064 10. #04-3065 Philip and Karen Skoog, 280 Tonka Avenue, LR -lA zoning district, request a rear yard setback variance to allow a rear yard setback of 4 7 feet when 50 feet is n01mally required and a hardcover variance for the 500' -1000' lake setback zone to pe1mit a hardcover level of 37% when only 35% is normally allowed and 37% cunently exists, all in order to construct an addition to the existing home. Eric Vogstrorn, 2618 Casco Point Road, LR-1 C zoning district, requests a side street setback variance to permit construction of a new principal residence to be located 10' from platted right-of-way when 15' is normally required and a hardcover variance within the 75 '-250' zone to pe1mit 58% hardcover when 25% is normally allowed. Dr. Martha Spencer, 1005 Willow Drive S, RR-lB zoning dish·ict, requests a hardcover variance for the 0-75' lake setback zone in order to conshuct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. Dennis V . and Evelyn N. Bruce, 3435 Livingston Avenue, LR -lC zoning district, request a variance to permit an accessory building to be located nearer the street or front lot line than the principal strncture and a hardcover variance for the 500'-1000' lake setback zone. Don Henderson, 560 Big Island, RS zoning district, requests a lot area variance to permit constmction of a seasonal cabin on a lot 3 .33 acres in size when 5 acres is n01mally required. Michael and Donna Ebertz, 1220 Tonkawa Road, LR -lB zoning district, request an after-the-fact conditional use permit and hardcover variance for the 0- 75' zone to permit land alterations and boulder walls within 75' of the OHWL of Lake Minnetonka. John TeITance Hornes LLC, 26.XX Kelley Parkway (Outlot E, Stonebay), PUD zoning, requests a final plat and PUD site plan amendment for construction of a 62-unit condominium building. WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zoning district, requests a conditional use permit amendment in order to install additional lighting in the parking lot. Douglas and Deborah Ingvalson, 3460 Birch Lane, LR -1 C zoning district, request a hardcover variance for the 7 5 '-250' lake setback zone to permit 53 .19% when 25% is normally allowed and 53 .05% currently exists in order to construct a covered entry. D. Mark and Bonnie Hector, 3265 Carman Road, LR -lC zoning district, 11. #04-3066 12. #04-3067 13. #04-3068 14. #04-3069 request a hardcover variance for the 0-75' and 75'-250' lake setback zones and a lot coverage by strnctures variance in order to rebuild timber walls and a lake yard deck. William and Anita Rouse, 4051 Highwood Road, LR -lB zoning district, request a side yard setback va1;ance to pe1mit a side yard setback of 4' when 35' is norn1ally required and 4' currently exists, a hardcover variance for the 0-7 5' and 75'-250' lake setback zones and a lake setback variance all in order to re- orient the roof and add a second story within the non-conforn1ing side yard setback and reconstrnct a deck in the lake yard. Lecy Constrnction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Lane, LR -lB zoning district, requests hardcover variances for the 0-75'lake setback zone to pe1mit 6 .83% hardcover when 0% is nmmally allowed and 6 .83% currently exists and for the 75'-250' zone to pe1mit 34.78% when 25% is norn1ally allowed and 44.91 % currently exists in order to rebuild an addition to the existing home. Ian Petersen, 2690 Fox Street, RR -lB zoning district, requests a lot area variance in order to build a new residence on an existing lot 1.255 acres in size when 2.0 acres in nonnally required. G & L Land Investmenst, LLC, 2665 Mapleridge Lane, LR -I B zoning district, requests an average lakeshore setback variance to permit an in-ground pool to encroach on the required average lakeshore setback. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by November 10, 2004 . Plans are available forreview in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission Michael P. Gaffron, Planning Director To be published the week of October 31, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE : 9/22,/2004 38 2011723140007 PROP ADDR 2697 KELLY A VE OWNER NAME GARRY E MORRIS TAXPAYER GARRY MORRIS & PATTY MORRIS NAME/ADDR 2697 KELLY AVE EXCELSIOR MN 55331 38 2011723140010 PROP ADDR 3245 CARMAN RD OWNER NAME JS NIELSEN & KR NIELSEN TAXPAYER JONS & KIRSTEN R NIELSEN }-'1E/ADDR 3245 CARMAN RD EXCELSIOR MN 55331 38 2011723140013 PROP ADDR 3285 CARMAN RD OWNER NAME LR MOLSATHER & L D SALLEE TAXPAYER LR MOLSATHER & L D SALLEE NAME/ADDR 3285 CARMAN RD EXCELSIOR MN 55331 38 20 I 1723140016 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME VILLAGE OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 - PROPADDR CRYSTAL BAY MN 55323 38 2111723230041 2699 KELLY AVE OWNER NAME D & L UPHOFF TAXPAYER NAME/ADDR DARYL L & LUCY S UPHOFF 2699 KELLY A VE EXCELSIOR MN 55331 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723140008 PROP ADDR 2695 KELLY A VE OWNER NAME CD SIMPSON & R SIMPSON TAXPAYER CHARLES D SIMPSON NAME/ADDR 2695 KELLY AVE EXCELSIOR MN 55331 38 2011723140011 PROP ADDR 3265 CARMAN RD OWNER NAME D M HECTOR & BK BOHN-HECTOR TAXPAYER NAME/ADDR D MARK HECTOR BONNIE K BOHN-HECTOR 3265 CARMAN RD EXCELSIOR MN 55331 38 2011723140014 PROP ADDR 3295 CARMAN RD OWNER NAME T PLOWE & RA LOWE TAXPAYER THOMAS PLOWE NAME/ADDR 3295 CARMAN RD EXCELSIOR MN 55331 38 2011723140017 PROP ADDR 2693 KELLY A VE OWNER NAME MARILYN H MCCLASKEY TAXPAYER NAME/ADDR PROP ADDR MARILYN H MCCLASKEY PO BOX 6 MINNETONKA BEACH MN 55361 38 2111723230048 38 ADDRESS UNASSIGNED OWNER NAME ENVIRONMENTAL PLANNING INC TAXPAYER ENVIRONMENTAL PLANNING INC NAME/ADDR 4910 IDS CENTER MPLS MN 55402 38 2011723140009 PROP ADDR 3225 CARMAN RD OWNER NAME DC & VA HOUCK TAXPAYER DA YID C HOUCK NAME/ADDR 3225 CARMAN RD EXCELSIOR MN 55331 38 2011723140012 PROP ADDR 3275 CARMAN RD OWNER NAME MITCH OLSON & KIM OLSON TAXPAYER MITCH & KIM OLSON NAME/ADDR 3275 CARMAN RD EXCELSIOR MN 55331 38 2011723140015 PROP ADDR 3300 CARMAN RD OWNER NAME JOANE NIELSEN TAXPAYER JOANE NIELSEN NAME/ADDR 3300 CARMAN RD EXCELSIOR MN 55331 38 2011723140025 PROP ADDR 2655 KELLY A VE OWNER NAME J W EUGSTER & CM EUGSTER TAXPAYER JACK EUGSTER/CAROL M EUGSTER NAME/ADDR 2655 KELLY AVE EXCELSIOR MN 55331 38 2111723230049 PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME D & L UPHOFF TAXPAYER NAME/ADDR DARYL L & LUCY S UPHOFF 2699 KELLY A VE EXCELSIOR MN 55331 PAGE: I L.,. _f ~~:-~J {:c" :c;;_:) ,::-,; \-'') (''.''j ,-::::.:·~ !_:) ~-~.~'"b-.. ~rJ. },'!-=-,]] -......:_ . .,,~tb...__ u i ~ RUN DATE: 9/'12,/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BELIEF. c-_ 7 v _ v ,--/-, , /) /.;/_ DATE I ,-...o . C 1 BY ".: /(,,CCL&' ./'l--;$'J ..... / ' , I' PAG E : 2 .-) (/-.\ . I : ,"~. I J ~... . I : . \\ . _-.,,) L.: __ t::.:_.. < Affidavit of Pubucation State of Minnesota , County of Carver. Keith P. Anderson , being duly sworn.on oath says that he is an authorized agent and employee of the publisher of the newspaper know n as THE PIO- NEER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspape r, as provided by Minnesota Stat ute 331A.02, 331A.07, and other app li cable laws, as amended. B.) The pri nted City of Orono - Reviewin g land use appp li cations (14) which is attached was cut from the columns of said newspaper, and was printed and pub lished once each week for ___ 1 _ successive weeks: It was first published Saturday, the~ day of October 20~, and was thereafter printed and publi shed every Saturday, to and including Saturday, 30 October 04 the __ day of 20 __ ; ~w~;7QnAnQnt r -----· .... "TRAUS l . ;fSOT ... i ~,TY • . -·· ···----·~-·' 1·3 1·2005 j Subscribed and sworn to me on this _2 __ day of November , 20..e0::c4 ___ . ~ ;Jt;;-u?-~w2 By: n (1 M . Notary Publi c Rate Information (1} Lowest classified rate paid by commercial users for com- parable space: $15.50 per Inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rat e actually charged for above matter: $7.80 per Inch. Each additional successive week: $5.40. LEGAL NOTICE 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 win hold public hearings In the Orono Council Chambers al 2780 Kelley Parkway on Monday, November 15; 2004, beginning at 6 :00 p.m. on the matter ol reviewing the following land use applications: 1. #04--3022 Philip and Karen Skoog, 280 Tonka Avenue, LR -1A zon- ing district, request a rear yard setback variance to allow a rear yard setback of 47 feet when 50 feet Is normally required and a .hardcover variance for the 500'-1000' lake setback zone to permit a hardcover level of 37% when only 35% Is normally allowed and 37% currently exists, all In orde,r to construct an addition lo the exist· ing home. 2. #04-3052 Eric Vogstrom, 2618 Casco Point Road, LR -1C zoning district, requests a side street setback variance to permit constroction of a new. prlncipal residence io be located 1 O' from platted right-of-way when 15' Is normally requlred and a hardcovt1r variance within the 75'-250' zone to permit 58% hardcov- er when 25% Is normally allowed. 3 . #04-3055 Dr. Martha Spencer, 1005 WIilow Drive S, RR -18 zoning distrlci, requests a hardcover vari- ance for the 0-75' lake setback zone ln order to construct patios, walkways, and a gazebo within 75' of the OHWL of French Lake. 4. #04-3056 Dennis V. and Evelyn N. Bruce, 3435 Livingston Avenue, LA -·1c zoning distrlcl, request a vari- ance to permit an accessory building to be located nearer the street or front lot line than the principal structure and a hard- cover variance tor the 500'-1000' lake set- back zone. 5. #04-3057 Don Henderson, 560 Big Island, AS zoning district, requests a lot area variance to permlt con-· struction of a seasonal cabin on a lot.3.33 acres in size when 5 acres Is normally required. 6 . #04-3060 Michael and Donna Ebertz, 1220 Tonkawa Road, LA - 1 B zoning district, request an after-the- fact conditional use permit and hardcover variance for the 0-75' zone to permit land alterations and boulder walls within 75' of the OHWL of Lake Minnetonka. 7. #04-3062 John Terrance Homes LLC, 26XX Keney Parkway (Outlot E, Stonebay), PUO zoning, requests a llnal plat and PUO site plan amendment for construction of a 62-unit condominium buildlng. 8. #04-3063 WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zoning district, i:equests a con- ditlonal use permit amendment in order to instafl additional Hghting In tha parking tot. 9. #04-3064 Douglas and Deborah lngvalson, 3460 Birch Lane, LA -l C zoning district, request a hardcover variance for the 75'-250' lake setback zone to permit 53.19% when 25% Is nor- mally allowed and 53.05% currently exists In order to construct a covered entry. 10. #04-3065 D. Mark and Bonnie Hector, 3265 Carman Road, LR - 1 C zoning 'district, request a hardcover variance for the 0-75' and 75'-250' lake setback zones and a lot coverage by structures variance In order to rabulld tim- ber walls and a lake yard deck. 11 . #04-3066 W illiam and Anita Rouse, 4051 Highwood Road, LR -18 zoning district, request a side yard set- back variance to permit a s ide yard set- 12. #04-3067 Lecy Construction on behalf of Dennis and Amanda Walsh, 1354 Rest Point Lane,. LR -1 B zoning district, requests hardcover varfances for the 0-75'1ake setback zone to permit 6 .83% hardcover when 0% is n ormally allowed and 6.83% Currently exist s and for the" 75'-250' zone to permit 34.78% When 25% is normally allowed and 44.9 1 % cur- rently 81Clsts In order to rebuild an addition to the existing home. 13. #04-3068 Ian Petersen, 2690 Fox Street. RA -18 zoning district, requests a lot area variance in order to build a new residence on an 8xlstlng lot 1.255 acres In size when 2.0 acres In nor- mally required. 14. #04-3069 G & L Land lnvestmanst, LLC, 2665 Mapteridge Lana, LR -18 zoning district, requests an aver- age takeshore setback variance to permit an In-ground pool to encroach on the required average lakeshore setback. An persons wishing to be heard are encouraged to attend this meeting. This Is not a fiMI agenda and is subject to change _prior to the hearing. Written com- ments are accepted .and should be s ut>- mitted to the City of Orono by November 10, 2004. Plans are available for review ln the City Offices and au interested persons are encouraged to contact the City for fur- ther information. For an appointment, please cell (952) 249-4600. City of Orono By: Planning Commission Michael P. Galfron, Plann ing· Director back of ·4• when 35' Is normally required Posted at: Orono City Offices and 4' currently exists, a hardcover var!-Crystal Bay Post Office ance for the 0-75' and 75'-250' lake set--Long Lake Post Office back zones and a lake setback variance • Navarre Post Office au In order to re -orient the roof and add a second story within the non-conformlog side yard setback and reconstruct a deck in the lake yard. (Published fn The Laker and The Pioneer newspapers, October 30, 2004). ' I l \ l ! l MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. *6. #04-3065 MARK AND BONNIE HECTOR, 3265 CARMAN ROAD -VARIANCES - RESOLUTION NO. 5274 White moved, Sansevere seconded, to adopt RESOLUTION NO. 5274, a Resolution Granting Hardcover and Structural Coverage Variances for Mark and Bonnie Hector, 3265 Carman Road. VOTE: Ayes 4, Nays 0 MAYOR/COUNCIL REPORT McMillan suggested the City have a process in place where a letter signed by the mayor and council members is sent to a resident that donates something to the City. Peterson stated the Long Lake Fire Department and Orono Police Department did a great job on handling the fire at her neighbor's residence. PUBLIC SERVICE DIRECTOR'S REPORT *7. REQUEST FOR PAYMENT #1-CASCO COVE DRAINAGE White moved, Sansevere seconded, to approve Request for Payment No. 1, Casco Cove Storm Sewer Project to E.J. Mayers, Inc., in the amount of $18,040.50. VOTE: Ayes 4, Nays 0 *8. REQUEST FOR FINAL PAYMENT-OLD LONG LAKE ROAD SEWER White moved, Sansevere seconded, to approve Request for Final Payment, Old Long Lake Road Sewer Project to E.J. Mayers, Inc., in the amount of $2,617.60. VOTE: Ayes 4, Nays 0 *9. HENNEPIN COUNTY EPDB CONDITIONAL USE LICENSE -RESOLUTION NO. 5275 White moved, Sansevere seconded, to approve RESOLUTION NO. 5275, a Resolution Authorizing the City of Orono to Extend an Agreement for the use of Hennepin County's Electronic Proprietary Data Base. VOTE: Ayes 4, Nays 0 *10. CASCO POINT ROAD SURVEY White moved, Sansevere seconded, to authorize the surveying of Casco Point Road and Dunwoody A venue for a future street reconstruction and drainage project, at a cost of $13,000, and to approve a budget adjustment in the Stormwater Fund to reflect this expenditure. VOTE: Ayes 4, Nays O PAGE 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 10, 2005 7:00 o'clock p.m. (#04-3052 Eric Vogstrom, Continued) Essen stated the upper deck would probably not be used for parties, but that in his view twisting the house has now given the applicant a clear view to his residence. White inquired whether the house could be rotated slightly. Vogstrom stated he would prefer to look at the lake and not his neighbor's house and that he will attempt to re-orient the house slightly to help preserve his neighbor's privacy. Vogstrom stated he did locate the garage on that lot to take advantage of the best view of the lake. Vogstrom indicated he also would like to preserve his privacy. White inquired how far off the lot line the Essen residence is located. Jeff Essen stated their house is located approximately 20 or 25 feet from the property line. Essen stated he also has been in favor of a variance on the hardcover, but the fact that the house is proposed 15 feet closer to his property line and is larger than the cunent structure is the basis for his concerns regarding runoff. McMillan inquired whether the City has received a grading plan on this project. Gaffron stated the City has not received anything that could be considered a final grading plan and that it would be required at the time the building permit is applied for. Gaffron indicated the Council could require specific items relating to drainage. Vogstrom stated he did agree to the downspouts and gutters and that Essen has agreed to replace the shrubs and bushes in between the two homes to help with the privacy. Vogstrom indicated he would not be opposed to those two items being included in the development agreement. White moved to direct Staff to prepare a resolution to accept the current revised plan submitted as part of Application #04-3052, 2618 Casco Point Road, and to bring the resolution back for approval on January 24, 2005, with the inclusion of a requirement for the installation of down spouts and grading plan. Moorse recommended at the time the Council approves the resolution on the 24 1 \ a signed agreement should be in place for the tree replacement. White amended his motion to include the condition that a signed agreement be submitted to the City concerning the tree replacement plan. McMillan seconded. VOTE: Ayes 3, Nays 0. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3064 DOUGLAS AND DEBORAH INGV ALSON, CONTINUED) Mrs. Ingvalson indicated the driveway was there when they purchased the property. Ingvalson noted they do have five children and that there is not room for eleven cars. Jurgens indicated he was including two stalls in the garage and that he personally would like to see the driveway reduced somewhat. Bremer noted the applicant has agreed to reduce an additional 86 feet of hardcover. Bremer pointed out this amount of hardcover is typical for this neighborhood . Jurgens stated residents of this neighborhood are fighting water problems and water runoff, which is attributed to hardcover and that the residents need to reduce hardcover wherever possible. Mr. Ingvalson stated the hardcover on the lot was pre-existing. Bremer moved, Leslie seconded, to recommend approval of Application #04-3064, Douglas & Deborah Ingvalson, 3460 Birch Lane, granting of a harclcover variance, with the stipulation that the 656 square feet of plastic be removed as well as 86 square feet in concrete pads be removed along both of the garages. VOTE: Ayes 6, Nays 1, Jurgens opposed. Jurgens indicated he would like to see further reductions in hardcover. 8. #04-3065 D. MARK AND BONNIE HECTOR, 3265 CARMAN ROAD -VARIANCE, 8:09 p.m. -8:13 p.m. Mark and Bonnie Hector, Applicants, were present. Curtis stated the applicants are requesting a structural coverage variance and hardcover variances in the 0- 75' zone and 75'-250' zone in order to rebuild and reconfigure a lakeside deck on the existing home. Curtis indicated the structural coverage variance is being requested to increase structural coverage by 194 square feet above the amount approved as part of a variance granted in 2001 for a total of 3,474 square feet or 22.1 percent structural coverage. The amount approved in 2001 was 3,280 square feet or 20.9 percent. Hardcover variances are also being requested for 6.7 percent within the 0-75' setback and 55.5 percent within the 75'-250'. Existing hardcover within the 0-75' zone is at 4.07 percent and 55.2 percent in the 75'-250', both of which were previously approved in 2001. Curtis indicated following discussions with Staff the applicants have submitted a revised proposal with alterations and a slight reduction to their initial request. Curtis stated the applicants are willing to reconfigure their plan slightly in order to not exceed the levels approved in 2001. PAGE20 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. (#04-3065 ,MARK AND BONNIE HECTOR, CONTINUED) Staff recommends approval of variances to rebuild and reconfigure the lakeside deck with the stipulation that the previous levels of strnctm-al coverage and hardcover not be increased with the rebuild. Rahn inquired whether the plan has been revised to meet Staffs recommendations. Mr. Hector indicated that is c01Tect. Rahn inquired whether there would be any increase in hardcover or structural coverage with the revised plan. · Hector indicated there would not be. Hector noted the plastic has already been removed. Cmiis stated the plastic was removed and a revised survey was received this afternoon showing the removal. Rahn called for public comment. There were no public conunents regarding this application . Bremer indicated she is fine with the proposal. Fritzler inquired what the revised plan does to the hardcover square footage. Curtis stated the applicants would not exceed the hardcover that was approved in 2001, which is 4.7 percent. Jurgens stated if the hardcover and structural coverage are not being increased above what was previously approved, why it is necessary for the Planning C01mnission to vote on this item. Curtis indicated the applicants are rebuilding the entire deck. Rahn moved, Bremer seconded, to recommend approval of Application #04-3065, D. Mark and Bonnie Hector, 3265 Carman Road, granting of a structural coverage variance and hardcover variances to reconstruct a deck with the stipulation that the previous levels of structural coverage and hardcover not be inc1·eased with the rebuild. VOTE: Ayes 7, Nays 0. PAGE21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 15, 2004 6:00 o'clock p.m. 9. #04-3066 WJLLIAM AND ANITA ROUSE, 4051 IDGHWOOD ROAD -VARIANCES, 8:13 p.m. -8:46 p.m. William Rouse, Applicant, was present. Curtis stated the applicants are requesting a side setback variance in order to reorient the roof of the house and the garage within the 10' side setback and are also requesting a lake setback variance in order to add a second story over a pmtion of the existing home within 7 5' of the ordinary high water level. Curtis noted although the applicants are not requesting hardcover variances, they are proposing some reductions in hardcover as part of this application. Staff recommends approval of the side setback and the lake setback variances as requested in conjunction with the removal of hardcover within the 0-75' and 75'-250' setback zones as the Planning C01mnission deems appropriate. Staff finds there is a hardship given the location of the existing home and garage with respect to the 10' side and 75' lake setbacks . Curtis noted the existing home at one time did meet the 75' lake setback requirement prior to some erosion that has occtUTed on the prope1ty. Rouse had nothing to add to Staffs report. Rahn called for public comments. There were no public coinments regarding this application. Leslie inquired what the value of the improvements is relative to the value of the house.' Leslie questioned whether this should be considered a rebuild or new construction. Curtis indicated she does not know the value of the improvements and that Staff is viewing it as a remodel and addition. Rouse stated they are adding up above the east side of the house and basically taking a one-story rambler and making it a story and a half cape cod. Rouse indicated two bedrooms would be constructed above the east side, with the roofline being changed to meet the upper story. Fritzler inquired whether there is presently a room upstairs. Rouse indicated there is not. Fritzler inquired whether the first floor ceilings are being raised as part of this project. Rouse indicated a portion of the ceiling on the first floor is being raised to ten feet and pait of it is re maining at eight foot. Rahn inquired where the eight-foot walls are located. PAGE22 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: D. Mark & Bonnie Hector 3265 Carman Rd Excelsior, MN 55331 TYPE OF APPLICATION: Variance DATE OF MEETING: January 10, 2005 ZONING FILE 04-3065 NOTICE OF COUNCIL ACTION DATE OF NOTICE: January 25, 2005 COPIES: VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than January 10, 2006. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Melanie Curtis, City Planner, at 952.249.4627. ( Date Application Received: 10-19-04 Date Application Complete: 11-01-04 120-Day Review Period Expiration: 03-01-05 REQUEST FOR COUNCIL ACTION Date: January 3, 2005 Item No. Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis ii II Title: City Planner J.U\ Item Description: #04-3065 -Mark & Bonnie Hector-3265 Carman Rd-Variance -Resolution Zoning District: Lot Area: Lot Width: List of Exhibits: LR-1B, One Family Lakeshore Residential District, 1-acre/140' width 0.36 acre (15,679 s.f.) 95' A -Resolution per Planning Commission recommendation B -PC Action Notice dated 11-19-04 C -PC Memo & Exhibits of 11-08-04 D-60-Day Review Extension letter dated 11-30-04 Application Summary: The applicants have proposed to rebuild and reconfigure an existing lake side deck which contains a swimming pool. The applicants have proposed to rebuild and reconfigure the deck within the existing hardcover and structural coverage levels. In 2001 variances were granted for structural coverage and hardcover. The actual square footage numbers approved in 2001 do not match up with the numbers from the most recent survey. However, staff has determined via site inspection that the areas of removal required in 2001 sufficiently match the existing site conditions. Therefore, in order for the applicants to rebuild and reconfigure their lakeside deck they require a structural coverage variance and hardcover variances within both the 0- 75' setback and 75'-250' setback zones. The current proposal results in no net hardcover increase. Planning Commission Recommendation On November 15, 2004, Planning Commission voted 7-0 to recommend approval of the hardcover and structural coverage variances provided there is no net increase from the present levels . Planning Staff Recommendation Approval of the variances per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-330 SUBDIVISION B, SECTION 78-1288 SUBDIVISION A AND SUBDIVISION B, AND SECTION 78-1403 FILE NO. 04-3065 WHEREAS, David Mark Hector and Bonnie Kay Bohn Hector, husband and wife (hereinafter "the applicants") are the owners of the property located at 3265 Carman Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 5, Carman Cove, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow a lakeside deck to be rebuilt at the current setback within the side yard where a O' setback exists and a 1 O' setback is required; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A and B to allow 6.7% hardcover within the 0-75' setback where 5.83% currently exists and where 0% is normally allowed and 55.5% hardcover within the 75'-250' setback where 54.68% currently exists and 25% is normally allowed in order to rebuild and reconfigure an existing lake side deck; and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow structural coverage in excess of 15% in conjunction with a rebuild of an existing lake side deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-3065. Page 1 of 5 2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning District which requires a minimum lot area of one acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2004 and recommended approval of variances based on the following findings: a. The property contains 15,679 s.f. or 0.36 acre in area and has 95' in width. b. The property was granted variances in 2001 for structural coverage and hardcover by Resolution No. 4644. c. The proposed rebuild and reconfiguration of the lake side deck will not result in a net increase in structural coverage or hardcover within the 0-75' or 75'-250' setback zones from those levels approved in 2001. d. The 2001 structure and hardcover removals resulted in an orientation of the deck which did not allow for safe staging in the pool area. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 Subdivision B, Section 78-1288 Subdivisions A and B, and Section 78-1403 to allow the reconstruction and reorientation of the existing lake side deck, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 5.83% or 412 s.f.. Hardcover in the 75-250' zone shall be limited to 4,708 s.f. or 54.68% per the proposed plan and hardcover allowance summary as depicted on Exhibit A . Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decor~tive landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (January 10 , 2006). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code , shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. Page 3 of 5 7. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns , hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 10 1 h day of January, 2005. ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 10 1 h day of January, 2005 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 5 ST ATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2005 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 This instrument was acknowledged before me this_ day of _____ , 2005 by David Mark Hector, husband of Bonnie Kay Bohn Hector. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2005 by Bonnie Kay Bohn Hector, wife of David Mark Hector. Notary Public Page 5 of 5 ~ ~ (95l.l) -0 g (9536) w ·· .. Approved Hardcover: 0-75 ' Total= 412 s.f. or 5.83% Concrete pad 8 s.f. Patio/Deck 5 s.f . Pool Deck 21 O s.f. Steps 24 s.f . Walls 165 s .f . 75'-250' = 4,708 s.f. or 54.68% House 1,990 s .f. -Driveway 1,212 s.f. Sidewalk 90 s.f. Open porches 114 s.f. Patio/Deck 176 s.f. Pool Deck & Pool 956 s.f. Walls 170 s.f. {952.9) LEGAL DESCR IPT IO N OF PREM IS ES Lot 5, Block 1, CARMAN COV E (941 .2) EXISTING ~v\ HOUSE ~~, o> (938.2) ,, .4 CERT IFICATE OF SURVf, MARK OF LOT 5, BLOC K 1 1 Ct~R:ut HENNEPIN COU NTY 1 Mil"! PROPOSED DECK . .. · ·····75' SETBACK LINE . ......... ·9 29 .4 COi ( ZONING FILE 04-3065 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: November 19, 2004 TO: D. Mark & Bonnie Hector 3265 Carman Rd Excelsior, MN 55331 TYPE OF REQUEST: Variance COPIES: DATE OF MEETING: November 15, 2004 Planning Commission recommended as follows: Approval of hardcover and structural coverage variances in order to rebuild and reconfigure the existing deck with the stipulation that there is no net increase in hardcover or structural coverage. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council -December 13, 2004 -Meeting starts at 7:00 pm 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. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FILE #04-3065 8 November 2004 Page 1 of 4 Date Application Received: 10-19-04 Date Application Considered as Complete: 11-01-04 60-Day Review Period Expires: 01-01-05 To: From: Date: Subject: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner i {L ( November 8, 2004 04-3065, D. Mark & Bonnie Hector, 3265 Carman Rd, -Hardcover Variance -public hearing Zoning District: Lot Area: LR-1B, Single Family Lakeshore Residential, 1-acre/140' 0.36 acre (15,679 s.f.) Lot Width: 95' Application Summary: The applicant is requesting a structural coverage variance and 0- 75' zone and 75' -250' zone hardcover variances in order to rebuild and reconfigure a lakeside deck on the existing home. Staff Recommendation: Planning Department Staff recommends approval of variances to rebuild and reconfigure the lakeside deck with the stipulation that the previous levels of structural coverage and hardcover not be increased with the rebuild. Pertinent Zoning Ordinance Sections Sec. 78-330 . Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed : Lot Area Lot Width (feet) Front Yard Side Yard Adjacent to Rear Yard (feet) Side Yard Adjacent (acre) (feet) Another Lot (feet) to Street (feet) I 140 35 10 30 35 Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. Sec. 78-1403. Lot coverage . In all zoning districts , for all lots of 0--1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. 1 List of Exhibits A. Application B. Hardship Documentation Form C. Existing & Proposed Survey/Site Plan D. Proposed Plans and Elevations E. Submitted Hardcover Calculations Background F. Resolution No. 4644 G. Photos FILE #04-3065 8 November 2004 Page 2 of 4 H. Aerial Photo -Average Lakeshore Setback I. Property Owners List J. Plat Map Mark and Bonnie Hector are the property owners at 3265 Carman Road. In 2001, the previous owners were granted variances in order to construct a garage addition to the home . The Hectors would like to repair their rotted deck and in the repair they would like to reorient the deck's layout to make it more functional to their use. LOT ANALYSIS WORSHEET Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 15,679 s.f. (0.36 acre) 95' Setbacks: LR-1B Required Existine Prooosed Lake 75' 89'± (house) No Change 67'± (deck) Rear 30' 40' No Change North Side 10' 7 .7' No Change South Side 10 ' 11' (house) No Change O' (deck) Average Lakeshore The proposal does not encroach into the average lakeshore setback (see Exhibit H). Structural Coverage: Total Lot Area Total Structural Coveraee 15.679 s.f. (0.36 acre) Allowed: 2,351 s.f. (15%) Approved in 2001: 3,280 s.f. (20 .9%) Proposed: 3,474 s.f. (22.1%) Hardcover Calculations: Hardcover Total Allowed Existing Previously Proposed Zone Area in Hardcover Hardcover Approved Hardcover Zone Hardcover 2 7,070 s.f. 0 s.f 412 s.f.* 288 s.f. 0 -75 (0%) (5.8 %) (4.07%) 75 -250 8,610 s.f. 2,152.5 s.f. 4,780 s.f.* 4,501 s.f. (25%) (54.6 %) (52 .2%) * After exclusion of fabric or plastic-lined landscape beds FILE #04-3065 8 November 2004 Page 3 of 4 474 s.f. (6.7 %) 4 ,783 s.f. (55.5%) During the review staff was unable to replicate the exact hardcover and lot coverage levels as were approved in 2001 . Staff was able to verify however, that the structural reductions which were required with the 2001 approval were completed, as were the hardcover reductions with the exception of the plastic liner under the rock and landscape beds . If the liners were removed , they have since reappeared. Therefore , the numbers used for this current variance request are the result of the most recent survey and hardcover analysis as updated on October 19 , 2004. Structural Coverage Variance In 2001 , a structural coverage variance was granted in order to construct an addition in conjunction with significant removals from the lakeside deck. The applicants are requesting to increase the structural coverage level 194 s.f. above that which was approved in 2001. Hardcover Variance In 2001 , variances were granted to allow hardcover within the 0-75' zone and 75' -250 ' zone to exceed the allowed levels. The applicants are requesting variances to exceed the previously approved limits by 282 s.f. in conjunction with the rebuild and reorientation of their lakeside deck. The plastic liner in the rock landscape areas was to be removed as part of the 2001 variance approval. It appears from the most recent survey that the plastic is still there or has returned. Hardship StateIDent Applicant has completed the Hardship Documentation Form attached as Exhibit B , and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that there is no hardship by which to grant hardcover variances in excess of the 2001 approval. Additionally, there is no hardship for increasing the already excessive level of structural coverage on the property. The deck and pool could be rearranged to utilize the previously approved hardcover and structural coverage levels . 3 FILE #04-3065 8 November 2004 Page 4 of 4 Staff has received a faxed proposal for hardcover and structural reductions from the applicant, at the time of this report staff has not had the opportunity to provide the Planning Commission with a detailed numerical analysis of this revised plan, but one will be provided at Monday's meeting. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of variances to rebuild and reconfigure the lakeside deck, but only at the previously approved structural coverage and hardcover levels. Plans should be revised and submitted for Planning Commission review. Options are to table until your January meeting pending receipt of a revised plan; or approve conditioned on staff review and approval of a revised plan meeting the prior requirements. 4 City of Orono -. e,c.A Variance Application Street Address : 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address : P .O . Box 66 Crystal Bay, MN 5532'.:<1066 Application# (}l/--yJ{;)[; Date Received: /01_t,) ct.I . ''l'] Amount Paid : !JJZ:l , Ob Staff: ll//-&itUZt-? Fee: S600 ----------Renewal: $300 ---------A ft er -the -fact: $1 ,200 Double Fee This application form must be completed in fulL Ap~'l cant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address : 3 [::J (.;i £2 (= f \ R fY , f\ f0 '(:< f) Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): u2 ) c:) ;..-{ D Yes, I own the adjacent parcels. Present use of property: ·q-Residential D O,her Zoning District: APPLICANT INFORMATION: (Complete legal na:-:-'.eS and marital status required for each interested party) Name : 0 · YY\ t\ {~ ~-r1 ·J-;(J 1\,,1 1v X C h £ c...· T O 'fs Phone (home): '~l S .'J .· t )'.;:-5 -.~cic,·"> Phone (work): 1 /o ?, ,y=j yJ · B io ~)} Address: ::-, ;::J. f o :.::)-( fH~-(Y\ tt (\_.' \'(.(:> A C'l -./ ,. \ Email: .1r v·\,··, :, \.·.:-, (..:J .. J ,c.'. l . N, r ,c ,-...,, h . .. . -·~-.,, Fax: --1-'-.....,,~"'='= ~-\""""'..._-"-=-"""''': ..... , =-=....,-"'=ir='--~A ......... , 10,_·~\ :s:~· ~• ~<,= .. '-·~'~--- OWNER INFORMATION: (Complete legal names 2:-'.d marital status required for each interested party) Name: Phone (home): Phone (work): -------------Address: Email : Fax: --------------------- DESCRIPTION OF REQUEST: Estimated Project Cost: $ Desc_ribe the request in detail (attach additional sheets if necessary): \,),, , -, -,. (1_ · .. o · ' •· .• ' . \ • \ I ~ -'· 1,-, •• '1 , ",Q/yv\.()Vt _ ,, •,l _\..:.}. _\.C\..t' .. l' ,{_, •..._:,::)£1..,;,·,c. ), '} Ji..)__,·, .:_;.oc, l ,\._\i .1 \ ,.:;,_ 'i ~d i C•\.J .. '.~'1).J, ·., ·-.;j./ dtl"-4?.t ~) ;l,/;.•.:5~~~~:~;\\ ~ =. i·:,}' •: .... ~~,-._,:,·'.">' ----- ~ .._,, ...... q~· ., ~ " "l! • '"'·· ., REQUIRED SUBMITTAl S: All of the following information must be submitted by the application deadline date in order for your application to be processed . D Pre-Application Meeting Form, completed by a City Planner. D Completed Application Form D Completed Hardship Documentation Form D Certified Property Owners List -owners within 150' of the subject property, labels and plat map . List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 61h Street, Minneapolis, telephone 612-348-5910 D Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. D Completed hardcover calculation worksheets (as provided within the variance packet). D Topographic survey -including existing and proposed elevations . Provide one copy 8.5" x 11" or 11" x 17" for reproduction. D Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). D Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge . The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit . Applicant's Signature: Applicant's Signature: . ; : ... .-' ··-7·· . i~ .._/. / ··.;,/~ __ ._ .. ~,..._l ~/~(_·.t_{--'--.f:.~·::..--'-/-· ........ /""""-.::-"-. ./-'-·/_,_· !_--' ______ Date: -''c,-C=~;i_,·;._'-v_'--~/"'--'::,.,C~.._,_~_·· ~_.,,,<JH·v.,.._.)J.._,;::,.,.·-\.,_. =c-'_·-_, _____ Date : ,o / J '"1 / ( ~· t / r L . I OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner 's Signature: Owner's Signature : . . :....._· -'-'. -)-·_. -"--,>_· _)-"'-1 ..:C..1:·-'-'"-; .,_:;,.:_-_' -'"-'-. -~-· "--/ _=· '"'--:. ;i,..a.· ·....:.-/_ 7 ~.-;,.;_.-· ______ Date : --'-·~ ..... f2~5. ~·'.)~...,'--'-v':::::'.'::±'._.· _...~_t;=, '--'''-,--+~~ ...... '. ....,f'";JQ......_· .._r '-r---.,_ 0 _______ Date: r .,. r _,., (._ ,/' ,.,..· ,· ,· / / / ,,/ ., / l -· t ,</ / ,.., / / / Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council.. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. .·i ,"! (: ··.· .· ,'.' .' Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application wil l not be considered complete or placed on any meet ing agendas until this form is complete and submitted to the City . Minnesota State Statue Section 394.27 , Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted . The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated . HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community . To prove a hardship , address all the relevant paints listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified . The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of these hardship criteria as they relate to the request (some may not apply): 1 . "The property in question cannot be put to a reasonable use if used conditions c;3llowed by the official controls ." , .. ) , • __ I) . ,, ,., ,, l r .. . ,, , , . .. .'.\ \ (:){, \... C:Jc.1..Y'\J -~ . · ·i:,, ,::u: .. )\.. , .,J, .. .IV\.. /\..A..J'I ''--/V'\ 0-" {'i-'-.<:i.. '· under \. () 2. "The plight of the landowner is due to circumstances unique to his property not created by the lando,wner.", \ A'\,{:' ,. '.0 .. ,N:\.J ' ~ 3. 4 . "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." \\.J +-\ 5 . 6 . 7 . 8. 9. 10 . 11. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06 , Subd. 2, when in harmony~w,ith this Chapter." ('\..I A "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person 's land is located." I\J f-\' "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling ." iv A- "The special conditions applying to the structure or land in quest ion are peculiar to such property or immediately adjoining property ." + c.:.: '-I\ c:~.:V~ "The cond itions do not apply generally to other land or structures in the district in which said land is located ." ., .. Pc:y:rt ,D> LcYt:..o::?....\.~'--~ c;.n'-... O ·l-'-..',_ £.:l-k>f::.l c \. '"'/ ~ )...,-\ .. -j\J O ;·'{ ) .'v""-. --\.J"-Q. <'{,·#6\;.!~ . ) C 12 . Page 3 of 3 "The granting of such va riance w i ll not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable hardship or difficulty ." 4"k.Q y;)J-...Q.~\s.::\_ f £'J'{_9.Q.__ -,;,; 'v' r,vJ1"(\ ~h. L..__,...,...::y;_/0P ,1 . Hardship Statement Should you feel the hardship cannot fully be described in the above criteria , describe the un i que hardship , practical difficulty or unusual property conditions prevent ing compliance with Zoning O rdinance requirements in the following lines (attach add itiona l shee t s if necessary): I ~~ 0-r~ -{I v,..\,{'-.. ,,,\, (C ~~) ,t -iJf,.Q ~)c'--b{\ ''-{ \-_:--.., (" \ --1· . 1..·"' ~0; . \..,,J< \'"->..:'---'"'--\_,'; ~'--\> (. .. ..' '---· tt '.~t;~\ 't ?i • •'l ' ....... ;.,. .. ,;.;.:;"" ,. -. J . (_,·. I ,,,_.. . )'V7L' ,,, \' 0 :.,.;;;·).<, .-..v\...l A...•"-··1\'\. .,J ·· \. Q :\_o(J;...Q<!:1 i' ·-(·;__Q . CA .. ~>(·.._ ( (C l:_ f~c:-J::\._ . -T·c:rlc~J ,t:::}t ·.·.;.: i ' ..... , ·"~:\k:-:::-·J.:;;1' --;'· ~,l· t 1. ·+ v,. .?<, ·l,j .).'.)~ -..~ ~' ,,.,..., \:. 1u ~ ~~ ~ ~C:, ~g ~ ~a 'V 'by 0,.::-· '::!"j " S 43°44' 07" E ~ ,. ~ I;: GRAVEL DRIV EWAY "' .,i N ~ 'b· '::!"j ~ 23.0 \)t . D~ a """"' c,"-' 1'1'· Q,-'r ,-,°' <:}'<;" "-'" 170. 12 ~ ~-°'") I;: "' <o· '::!"j CD ci "' II;:;:. zor "' '.')'1,· ~ ,;._,0 (/~ (/ ~ ,;_ ol-(. c. \ 0 ~ ··········-... \ ·· ... 5::.~ ~<v &v ~ '::!..,,. ·· ... _ - KEYSTONE WALL ~<c~ C:,~ ~ / ----~ ~ .A .A. ,, / ,f).A / 0~ 0 ~ '.)_· ,:::"' ~ .· ~ .. :'\ "'" ' .....•... ·: ;; -t'/ . \)) . .. .· ~-, .. / .-· ' N 53°42' 20" ll'J ·--. '{) i, ..._o .._'> t"' '\\_ :' ~: ·,~ ,-," ~" ,50 .,4 ..9~ &>· "' <(9 "," 4(.' ' ',.9~'' ;/ ~' ,. ---- ~~~ 0 ' '5' ~~1 ( f)(. l) Inspection Address: 3265 Carman Road Orono, MN Buyers Name: Bonnie Bohn and Mark Hector Date: 05-14-04 Issues: • Minor mold stains on the north and west walls of the family room are an indicat ion of past moisture penetration through the foundation . Consider adding a professional drain tile system in this area of the basement. • The wood fireplace in the family room has damaged firebrick in the burn box , a cracked masonry lining in the plenum , a cracked brick wall in the main furnace room and spalling bricks at the top of the chimney. A brick mason should be contacted for repairs. The pop up cl~mper cabl_eshould be adjusted to close properly. • · The railroad tie retaining walls at the west side of'the' i:froperty are at end of life and .. \ \ should be rebuilt. ·~-The lower deck and pool deck have areas of wood rot. Total replacement is needed. : :Er-oded soil under the deck should be improved :. __ . _ . . _.., I • A c~·acked ·ai1cl 1c;ci'se· s'i at e ·1i1e-.. at .. tf1 e ri:;11t eriti·y .. should be replaced . • The dirty gutters should be cleaned . • The flexible steel gas line at the clothes dryer should be changed to flexible stainless steel. • The GFCI breaker that supplies power to the pool area does not trip when tested. This should be replaced and proper wiring to all pool equipment verified . • GFCI protection should be verifi e d at the master bathroom whirlpool tub . • One outlet at the south wall of the office has a weak ground. • The furnace humidifier does not function. • The electronic air cleaner is inoperative and is now being used as a standard filter. • Ask the seller the function of the blower in the ceiling of the lower bedroom. • The exhaust fan in the upper level hallway has low air flow. • Minor caulking is needed at the bathtub in the upper hall bathroom. • This is a beautiful home!!! Inspector: Gary Vaness \ \ \ \ \ , . • • I J I + I' ~ I I I I I I I I L-·--·-1 ~ i I I I n ~ .... ---'---t-,f ~ ij \J) 181 • • • • • • • • • • 181 • • • : AC,~SS RO.AP • • • II • • II PROJEC:-T TITLE '.\' nt fil'-J J ) ~ ~ +/-4 NOTES : ,, ) l.(A) REMOV~.!'< & DISPOSAL OF EXISTIN0 WOOv DEc::-KIN0, TIMOCR WAU_S, & t,E.NC:-HES . (J:'.1) REMOVE -~ DEc::-K STEPS (C..) REMOVE EX1STIN0 WOOv FENCE FOR Ac:-C..ESS. +/-4 (D) INSTALLATION OF FENC..E & DEc::-K STEPS C..uMPLETED J:'.IY OTHERS AFTER C:-ONSTRlXTION. EX1Sf1NE1 RE.TAININE> W!t.L 7.... INSTALL DIAMOND PRO RETAININ0 WALL STRAl0HT FAC,E 0RAY UNITS . INSTALL 0E0-0RID AS NEEDED TO PREVENT FAILURE WITH c..ONC..RETE POOL DEc::-K INSTAU_ATION . '?. C..APS (A) UPPER WAU_-4" Hl0H C..AP UNITS -0RAY IN C:-OLOR . (J:'.1) LOWER WALL -C:-ONC-RETE C..ONTRAc:-TOR TO POUR C-ONC..RETE C:-AP WHEN INSTAU_IN0 C:-ONC..RETE POOL DEC..K. 4 . J:)Ac::-KFILL -INSTALL C,LASS ff;, !:)ASE MATERIAL FOR THE INSTALLATION C:-ONC..RETE POOL DEC:-K. S. !:)ID INC..LUDES THE SOv REPAIR OF Ac:-C..ESS ROAD FRuM FRONT YARD . +/-"?.'> 6. ~D D0=S NOT INC..LUDE REP~IR TO ANY OF THE EXISTIN0 f)Ac::-KYARD f:'l--ANTIN0S. ·\)(:nv'i)· A: ' •. \ \,,,r·b,,~ 7. t:,' <:!. ~ ''5 '.-v·::. \-\ w.Ju..~t -K,-~. 'V" <:.\"' ~s sh(•,· &'.i.. ~ '>-\ \ (Mt:,()~ "y{'t;\)'""~ \....iV'l'o:.. -«\ ~ ~'-'\-u__~_,\'-\ 'o'1.. \\<;.\'c.'v\~, <, \....,tr\\ "\t· \ MARK HEC..TOR '?2.65 C..ARMEN RD ORONO, MN SS'?'?I LANDSC..APE PLAN THIS PLAN IS THE PR&f'ERTY ~ WINC:.0 LANDSC:.APE AND DE.Sl0N. NO PART ~ THIS PLAN MAY It REPRODUC:.ED IN ANY F~ OR. MEANS WITHCVT WRITTEN PERMISSION. LANDSC:-APE AND INVER 6ROVE HElet1T5, MN '3'3C7TI /i 1.1r 121<.. he r o ,,z. EX. E tt::)r s f3t,.e;::,G,~ J C A lt.M/.fN CtJ V.6 ( 11/;/~4-HARL-OVER CALCuLATlUN WUKK~i. .,jj,T . S'i::TBACK ZONE: (CIRCLE ONE) (@ 75-250' 250-500' 500-1000' EXIST~G HARDCOVER IN 7.J);\'E A. House . X = S.F. L~nglh Width X = S .F. X = S .F-. I X = S.F. .. . 11 , B. Garage · X = S.F. C; Driveway X = S.F . X = ... S .F.···· ('(!IV C. I' ,A ,0 .!• D . Sidewalk Z-5 3 ,0 S .F . ·x = C> X = S .F. E. Patio/Deck X = 5 S.F . P tt:un .. LJee. K.. X = 2/0 S.F. 5.TEP-5 ·" ·~ Z4 F . Landscape X = S.F . Underlain X = S.F. ,,, ''( By Plastic X = S.F. Or Fabric G. Other /.£5" t. -;:_ X /.0 = /65 S.F . WR/....1-S TOT AL HARDCOVER IN ZONE 412.. S.F . A TOTAL PROPERTY AREA .IN ZONE 7070 S.F . B A· 3 4-l'Z.. B 7.:,70 X 100 = 5,83 % PROPOSED HARDCOVER IN ZOi\'E A. House X = S.F. Length Width X = S.F. X = S .F. X = S.F. . B. Garage X = S .F. C. Driveway X = S.F . X = S.F. ~IIM r . Jli'A ,t) D. Sidewalk z. s-X = S .F . X = S.F. E. Patio/Deck X = 5 S.F. P ~t. .D,!fC!ol. X = ~7 Z. S .F. 57e-!'!$ Z tf-'. F. Landscape X = S.F. Underlain X = S .F : I By Plastic X = S .F. Or Fabric 11, WlrlA.$ LI. 1 t ,C /t,5 G. Other X /, 0 = S.F. TOT AL HARDCOVER IN ZONE 4-74· ... S.F. ·-· A TOT AL PROPERTY AREA IN ZONE -zo 70 S .F. B A 4-71::_ + B lO'?() X 100 = "·70 % tc>r 5 81...oc.1-<,. / !2/f./Z.1144-N ~\/.6 I HARDCOVER CA.LCuLA~WUKK~.lilil!..T. S°ETBACK ZONE: (CrRCLE O~"'E) 0-75'. ~ 250-500' !!/J/afl-, EXTSTf:\'G HARDCOVER rN 7.0:"<"'E A. House . .~ .. B. Garage · C: Driveway D. Sidewalk C>PGN . f?Oil!'..t:H(ES E. Patio/Deck Lrnsth 1-Poo L .£>6c.K ~ Po oL __ _cc__ __ _ F. Landscape Underlain By Plastic Or Fabric /NI/-Lf.6 G. Other 14 X X X X X . X: X X X X X X X • ~ I TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A· ..5o.S3 B PROPOSED HARDCOVER rN ZONE A. House x B. Garage C. Driveway D. Sidewalk "OPGN ,r:b P()/-16~ E. Patio/Deck Length ;:bt::Jt., P~Ct<.. J ~r1ot. F. Landscape Underlain By Plastic Or Fabric ------ G. Other WJrc..u_6 ____ _ X X X X X X X X X X X X X TOT AL HA.RDCOVER IN ZONE = Width · = ::: = = = = = = = = = = (), < 3,5 /,O 7'6 ,z .o ·se, .- --;-, -~-,.. ----z I ~~IO I i X 100 = = Width = = = = = = ( = = = = = = = = TOT AL PROPERTY AREA IN ZONE - A 5/08 B 2,~/(J X 100 = 500-1000' ------S.F. ------S .F·. I ------S.F. , II, ~-1._'2:._!2-~~S.F. .. S.F .... ------ 90 S.F. __ ___,_ __ _ -----'-l-'--1_,_4-_~ S.F. ~-/_'?"~-t---~ S.F. _-.,cq-==i._.t..""--__ S.F. ~-J3_2-_:5~~S.F. S.F. ------··' .. , S.F. ------ 170 S.F. --- _~_-=>-_~---S.F. _/!J----'-c;~/~c;;=---S.F . __ So_"S~·-"-4=~=2 __ % ______ S.F. ______ S.F. S.F. ------ ______ S.F. /c./Z S.F. ------ ------S.F. 10 S.F. --------~''-4:~ __ s.F. 17k S.F. -------~/'it:)_~~:;-~ S.F. :325 S.F. ------S.F: I ------ ------S.F. , ,, A B __1_7'._C> __ ~ S.F. '5/08 '"S.F .... A f2 '1 )Q $.F. B 5"9,3S % . , CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ____ lll_-.:11:_o=·'_··-=1:_tJ""'"t A RESOLUTION APPROVING V ARJANCES TO MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO. 01-2664 \VHEREAS, Mitchell D. Olson and Kimberlee M . Olson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3265 Carman Road within the City cf Orono (hereinafter "the City") and legally described as follows: Lot 5 , Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter "the property"); and 'WHEREAS , the applicants have applied to the City for variances to Municipal Zoning Code Section 10 .03, Subdivision 14 (C) to allow 3,280 s.f. (20.9~/o) structural lot coverage v\·here 3,416 s.f. (21.8<)-'o) exists and 2,352 s.f. (15%) is allowed; Section 10.22 , Subdivision 2 and Section 10 .56, Subdivision 16 (L)(2) to allow 4,501 s.f. (52.2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2,152 s.f. (25%) is allowed to pem1it construction of an attached garage on the street side of the residence. WHEREAS, after due published notice and mailed notice in accordance with r./Iinnesota Statutes and the City of Orono Zoning and Planning Codes, th~ Orono Planning Commission held a public hearing on April 16 , 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Metro Legal Services Inc. FINDINGS Box 491 1. This application was reviewed as Zoning File #01-2664. 2. This property is located in the LR-lB Zoning District, where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .36 acres or 15 ,679 s.f. Page 1 of 6 " .) . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 {3 4 4~ The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A The structural coverage on the lot is decreasing from 3,416 s.f. (21.8%) to 3,280 (20.9%). B. The hardcover in the 0-75 ' setback zone is decreasing from 584 s.f. (8.3%) to 288 s.f. (4.07%). C. The hardcover in the 75-250' setback zone is decreasing from 4,685 s.f. (54.4%) to 4,501 s.f. (52.2%). D. The proposed reductions in hardcover and structural coverage are in addition to the areas which were to be removed ay a prior owner under the terms of a prior variance and which the cunent applicant has agreed to remove. E. The lot is extremely undersized for LR-lB. F. Massing is not an issue. The garage addition is on the street side of the residence and the two adjacent properties will not be adversely affected by the addition. G. The residence was built prior to ctment zoning standards being adopted. 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 would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring prope1iy; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. recommendations of the Planning Commission, reports by City Staff~ comments b y the applicants and the effect of the proposed va r iance on the health, safety and we lfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings , the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 3 ,280 s .f. (20 .9%) structural lot coverage where 3,416 s.f. (21.8%) exists and 2,352 s.f. (15%) is allowed; Section 10.22, Subdivision2 and Section 10.56, Subdivision 16 (1)(2) to allow4,501 s.f. (52.2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2 ,152 s.f. (25%) is allowed to permit co.!1struction of an attached garage on the street side of the residence. Approval is subject to the following conditions : 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. A suitable drainage plan shall be submitted by applicant and approved by City staff prior to issuance of a building permit. All landscape fabric /plastic on the property and decks (as shown on Exhibit A) shall be removed prior to final inspection. Upon completion of the project the hot tub shall be located on the deck adjacent to the pool so as not to constitute a separate item of hardcover. 3. Authorities granted by these 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 (April 23, 2002). 4. Violation of or non-compliance with any of the tem1s and conditions of these 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 applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. I , I ,· ~ .· ·c ~ Barbara A. Peterson, Mayor I , ' J ( ' ' \'' , ; \ \ I, .. · 1 ,. 1, \,·v\ ·,J \ .1 .,, .· ,\ (, --0 Q ("'~ ..... , l ,4) (_ (.::)~\._ Property Ovmer (s ) STATE OF MINNESOTA ) ) ss. C OUNTY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S . Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City . RACHEL DODGE NOT ARY PUBLIC· MINNErOTA My Commission Expires Jan. 31, 2005 STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) i l 1· / .I / ' Notary Public On this ;.(J f r ·; day of /:} '·/'-' '. /-, 2001 , before me a Notary Public within and for said County , personally appeared / / ·1, i / /-,1 ' / {'> ( .1~ !' (-1 . ..' J, ·L ·1 O '"i cf ./ known to me to be the person(s) described in and who executed the foregoing instnunent, and acknowledged that he (they) executed the same as his (their) free act and deed. RACHEL DODGE NOTARY PUBLIC • MINNE~OTA My Comm iss ion Expires Jan. 31, 200S . . .~ --~-----,~"':'>~-.~,".'' Notary Public Page 4 o f 6 COUNTY OF HENNEPIN ) ) ss. ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. On this· ___ _.·;'_·-.i_:_1 _ day of ___ ''.....,'_,,··.'-1 _1.(_·_~_.i ______ , 2001, before me a Notary Public vvithin . and for said County, personally appeared f . ,. 1 ; v i 1 ~-> c : 1 i 1 . ,_ r':-(1 ·., . : .. _ / \ i \, :-• ·i known to me to be the person(s) described in and who executed the foregoing instrument , and acknO\vledged that he (they) executed the same as his (their) free act and deed. •'. ·~ \.. r (_ Notary Public Page 5 of 6 / .. I ,., \ Exhibit A . CERTIFICATE OF SURVEY FOR MITCH OLSON OF LOT 5, BLOCK 1, CARMAN COVE HENNEPIN COUNTY, MINNESOTA ~ ~~ -· I c.,~ / 0AA'ln'I 1 /l./#1 ECO ,t/1/,, C>«O® ! • g w <O ,;-N ;.. " _,..., .... :g i 2 LEGAL DESCR IPTION OF PREMISES Lot 5, Block 1, CARMAN COVE o : denotes iron morkt!r 1.-' ,, (945.,4): Exist ing spot elevation, mean sea level datum Bearings shown ore based upon on ossurne d datum. This survey intends to show the boundaries of the obo..,.."! describe1 property, the location of on existing house, and the locat ion of ('!ti visible ''hardcover" there on. H does not purport lo show any other improvements or encroachments. Af..,,r .J.t 'w. ,, ' "'° 1---1---1------------; Page 6 of 6 ~I ~I :i: I io I :-I ;:;;1 LAGOON ~I v; j --.... ······92H COITTOUP. LM: I .. I \_f \ -::rt or -;;) l:, 1o '-I 'f<.ec'd L/ /5/o; ~ ~ approximate average lakeshore setback line RUN DATE: 9/2.8/2 004 38 20 l 1723140007 PROP ADDR 2697 KELLY A VE OWNER NAME GARRY E MORRIS TAXPAYER GARRY MORRIS & PATTY MORRIS NAME/ADDR 2697 KELLY AVE EXCELSIOR MN 55331 38 2011723140010 PROP ADDR 3245 CARMAN RD OWNER NAME JS NIELSEN & KR NIELSEN TAXPAYER JONS & KIRSTEN R NIELSEN NAME/ADDR 3245 CARMAN RD EXCELSIOR MN 5533 l 38 2011723140013 PROP ADDR 3285 CARMAN RD OWNER NAME LR MOLSATHER & L D SALLEE TAXPAYER LR MOLSATHER & L D SALLEE NAME/ADDR 3285 CARMAN RD EXCELSIOR MN 55331 38 20 l 1723140016 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME VILLAG E OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 211 l 72323004 l "'P ADDR 2699 KELLY A VE '"-·• NER NAME D & L UPHOFF TAXPAYER DARYL L & LUCY S UPHOFF NAME/ADDR 2699 KELLY AVE EXCELSIOR MN 5533 l - • ~ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20 l l 723140008 PROP ADDR 2695 KELLY AVE OWNER NAME CD SIMPSON & R SIMPSON TAXPAYER CHARLES D SIMPSON NAM E/ADDR 2695 KELLY AVE EXCELSIOR MN 5533 l 38 20 l l 7231400 l l PROP ADDR 3265 CARMAN RD OWNER NAME D M HECTOR & BK BOHN -HECTOR TAXPAYER D MARK HECTOR NAME/ADDR BONNIE K BOHN-HECTOR 3265 CARMAN RD EXCELSIOR MN 5533 l 38 2011723140014 PROP ADDR 3295 CARMAN RD OWNER NAME T PLOWE & RA LOWE TAXPAYER THOMAS PLOWE NAME/ADDR 3295 CARMAN RD EXCELSIOR MN 5533 l 38 2011723140017 PROP ADDR 2693 KELLY A VE OWNER NAME MARILYN H MCCLASKEY TAXPAYER NAME /ADDR MARILYN H MCCLASKEY PO BOX 6 MINNETONKA BEACH MN 55361 38 2 I l l 723230048 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME ENVIRONMENTAL PLANNING INC TAXPAYER NAME/ADDR ENVIRONMENTAL PLANNING INC 4910 IDS CENTER MPLS MN 55402 38 2011723140009 PROP ADDR 3225 CARMAN RD OWNER NAME DC & VA HOUCK TAXPAYER DAVID C HOUCK NAME/ADDR 3225 CARMAN RD EXCELSIOR MN 5533 l 38 2011723140012 PROP ADDR 3275 CARMAN RD OWNER NAME MITCH OLSON & KIM OLSON TAXPAYER MITCH & KIM OLSON NAME/ADDR 3275 CARMAN RD EXCELSIOR MN 5533 l 38 2011723140015 PROP ADDR 3300 CARMAN RD OWNER NAME JOANE NIELSEN TAXPAYER JOANE NI.ELSEN NAME/ADDR 3300 CARMAN RD EXCELSIOR MN 5533 l 38 20 l l 723140025 PROP ADDR 2655 KELLY A VE OWNER NAME J W EUGSTER & CM EUGSTER TAXPAYER JACK EUGSTER/CAROL M EUGSTER NAME/ADDR 2655 KELLY AVE EXCELSIOR MN 55331 38 2 l l l 723230049 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME D & L UPHOFF TAXPAYER DARYL L & LUCY S UPHOFF NAME/ADDR 2699 KELLY AVE EXCELSIOR MN 55331 PAGE: I Li. ___ :(~:~J /':-•: (,l .:.L: i:._: \··"--· -··.<.T~·:~~ 'j :.: .. :: --~_;::~:}? :··:·.·>, ':',:\ j •),.,..·,.; ·,>;· :?\~t :.i\ ' -·'J \·'.:.·c ;;,t: I,! \:.:..Li i .. -~. -~.:}}_..._.1 ;--....,_r'""l~li ·~<.:,j ;)_1,,.. • l] t~~ RUN DATE: 9/28/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPAR~~~T, TO THE B~ST // OF MY KNOWLEOOE AND BELIEF. c;·_ 7 v ~ J v ' ~-: . , /) (/ . . DATE I ""-o . {j 1 BY '< ,,c ,ic;cc.\z ' /l ,.,$1---· / ·/ ,,f', /., ,, ,,. I : \'-. .;'_,,-·-'\ . ..... ) ' ··•·· J. ·,,! · . .,. ·-- L::_:__ <" PAGE : 2 3 /19) Hennepin County Taxpayer Services Department 'l, 3 /30) 2 ,, 150 .'' 3 ,' Ot /1 2)' 150 ~~ ~,ft ,.,. ~ 4 0, /30) 5 ~ /3) ,so i!l ~ ~ 5 1d i; a 3;! r---~---c\.d-----2"-1""2.4:..__,-,/<· .. g _ ~s 3 ~ $l ~-_, I • :i: ~ I /4 ) N I 'la-I ·;,· ..... ~'ilrcel Information Parcel ID 2011723140011 Hous e Numbe r 3265 Stree t Name CARMAN RD "'&,. __ I "I 3;! ':::( ~ 0, (31) ~o, 150 ~ 6 ~~ 0, (32) "' ,, 150 ~"· '1 7 ~ ~ N 150 N 11 1.49 2 1 2 ~ /40) (41) 45 236.52 L3 a::: 2 48) ~ "~ ~ (43) ;: (49) 235.5 OL 4 3 (44) ~ This is not a legally recorded map. It repre sents a compilation of information and data from City, County, and State road authorities and other sources. " " 201 10 /55) 182.8 ~- 11 (39) ~ ~ 3 ~ ....J 0, [°' 112.14 "' "'"' N "' -' .Jq.>., I (51) 146.3 2 (7) Ltt:)1 5 8 1-,:;:,~K, J CA/t.MAN f ' HARDCOVER CALCuLATlUi'I WUKK~~~T . 11/;/~4- 1! /n;/ tJ4 S°ETBACK ZONE: (CIRCLE ONE) (@ 75-250' 250-500' 500-1000' EXISTI?.:G HARDCOVER IN 7.0:\'E A. House . .. B. Garage · C : Driveway ('a,v C. , ,I ,0 D. Sidewalk z_ s E. Patio/Deck P ~o L L'J eC..1<.. '5TEP,s F. Landscape Underlain By Plastic Or Fabric G . Other Wlft..l-S ------ X X X X . X X X X X X X X . ~ , TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width /.0 - A· 4/~ B _J._~_7,_0 __ X 100 PROPOSED HARDCOVER IN ZONE A. House x ' B. Garage C. Driveway ('(!,I.I('_ ,rl,i,t} D. Sidewalk E. Patio/Deck P~t. ~C,l.l..~ Length 57e-/7!$ ----- F. Landscape Underlain By Plastic Or Fabric Wlt/4$ G. Other X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A · 41 ~ + B Width /. 0 X 100 = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = == = 1Vt1 r N llN'r; f /l/1 8/01-____ _;___ S.F. ------S.F. ------S.F·. I ------S .F. . 11 , ------S .F. .. s.i=. ·-· ------ .0 ___ c::>:::;__ __ S.F. ------S.F. ---=~:;..__ __ S.F . _ __;:;,Z!...;/C)::;__ __ S.F. z.4 ------S.F. ____ ___..,§·R· ------S.F. _ _:/:...:;Go:;..:~~--S.F. ---=,,::J-_J-'-2.. ___ S.F. _..:...J:_c:,...<:;7.,...::c:>==--,c----S.F. _ ___,5:::;__, =B=B __ % ------S.F. ___ _;__ __ S.F. ------S.F. ------S.F. ------S.F. ------S.F. ------S.F. __ __:::..__ __ S .F. ------S.F. 5 S.F. Z./e:J S.F. 'Z 4- ------S.F. ------S.F: I ------S.F. /t-5 S .F. A B · 4/Z· •"S.F.·-· A 7 070 S.F. B 5,8.$ % .. -···--------·--·--· /l 1 /t /2./L H6 e ro 1e, 1 /or 5 8L..-oc;,<,, / {2,1f-lZA,1AN {!,t7\/,6 , HARDCOVER CALCuL~WUKK~lili~T. 11/;/tJfl-, S°ETBACK ZONE: (CIRCLE 01'-.'E) 0-75' 75-250' 250-500' 500-1000' 11 /Js/01 EXISTl'?':G HARDCOVER 'fN 7.0;'-,,'"E i111e/~<1- A. House . -~ = l9Clo S.F. L~nglh Width X. = S.F. X :c: S.P.. I X = S.F . .. • II + B. Garage · X = S.F. C: Driveway X = /2/Z. S.F. X = .. S.F' .... . ~ , D. Sidewalk . X. = 90 S.F. oPfEN X. = 114-S.F. .f?O~f!;S E. Patio/Deck X = /7~ S.F. 1'Poo L £1Gc.K... $ po oL X. = q_ 5C,,, S.F. F. Landscape X. = S.F. Underlain X = S.F. By Plastic ,,, ... ' X. = S.F . Or Fabric b1 (), < 3,5 /NlrLL6 "Jt,, /,o 7',b G. Other 19 X Z-0 38 = 170 S.F. ltf !1 ,' -z, I TOTAL HARDCOVER IN ZONE ,f7Qf S.F. A TOTAL PROPERTY AREA IN ZONE gc;,;o S.F. B A· 47128 ..,.. B 8t:,10 i X 100 = 54. 68 % PROPOSED HARDCOVER IN ZONE A. House X. = If CJ 0 S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = /2/Z. S.F. X = S.F. D. Sidewalk X ( = 10 S.F. .. (jPetJ X = 114-S.F. . p:b Pa 1'16~ E. Patio/Deck X = /lb S.F. Fbe;;t-P~cu.. J ~oo{. X = 9.5,b S.F. F. Landscape X = S.F. Underlain X = S.F: I By Plastic X = S.F. Or Fabric , ,, G. Other WtlrL.L--.5 X = /70 S.F. TOT AL HA.RD COVER IN ZONE ·4-7e:e, '"S.F .... A TOTAL PROPERTY AREA JN ZONE -,;t::,LD S.F. B A . 4-70!2_ B 8/;!tJ X 100 = 54-,68 % ----·--- So (949-5) ~ ~o ~ ~ (,s,.,, EXHIBITA ,, ,1q941.3 (941 .2 ) '5' '5<1.fo '5<'5<, 0 ..: 0 ll'. o> (938.2) ,, a. 0 ,_ "' u ..,: ....J a, L._ 0 L.J c., 0 L.J (953/6) LL.I ' ' (0 "-t ('\J ' ""-t-,r--• ,r--I") 0 ,;:j-- l{) ; 0: z Approved Hardcover: --·.------ 0-75' T otal= 412 s.f. or 5.83% Concrete pad 8 s.f. Patio/Deck 5 s.f. Pool Deck 21 O s.f. Steps 24 s. f. Walls 165 s.f. - (952 9 ) () ~£.-: <'1t, -</ )-- (938.9) ~ GARAGE FLOOR ELEV~944 .72 MAIN FLOO R ELEV ~953.41 EXISTING sdo ~C',t- ~<' 75'-250' = 4,708 s.f. or 54.68% House 1,990 s.f. - 1 Driveway 1,212 s.f. ~ <o,; 1>¥ ~ It, \) Sidewalk 90 s.f. Open porches 114 s.f. Patio/Deck 176 s.f. Pool Deck & Pool 956 s.f. Walls 170 s.f. LEGAL DESCRIPTION OF PREMISES Lot 5, B lock 1, CARMA N COVE ~ CERTIFICATE OF S U RV I .4 MARK OF LOT 5, BLOCK 1 , C HENNEPIN COU NT ' (935.6 ) 7>a ·7 -2 ~·~ (932 .7) PROPOSED DECK (931.6) ·•--... 75' SETBACK LINE ..-KEYSTONE WA LL ~, ~, ~, ~, Ri\ I ti 8/ (I) I ······929.4 CO i \ ~N t I l .9__" CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3 « Co S::: c__ftR_ m+\-i,J Rt) . Application# Ot/-?;/)~cj Date Recei~ed 1J!/o()J3 Amount Paid - Type of Application to be Filed------------------ Property Identification Number (P .I.D.) --------------- APPLICANT Name CD. m/1~ k /1/:F e-lo..e. Phone (h?me) Lf'.5"J..-935 -3 97'.:e Phone(work) 7'= 3 ·· 3 ~ !l ·8'd:,;;J / Address 3ol.w6-Ci4!2.n,AU £ City CJ,~ .. orz,10 Zip .5-.:573..3/ OWNER (if different than applicant) Name ---------------------------Phone (home) Phone (work) _________ _ Address City _______ Zip ___ _ Date ~ Acquired (.p / 30 /o 't (month/year) I (do) ~also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS· ___ $600.00 Residential Accessory Use ___ $600 .00 Institutional (church, school, etc .) $600 .00 Guest House/Guest Apartments --- ---$600 .00 Duplex Credit/Bldg $600.00 Commercial/Industrial Use $600.00 Land Alteration+ Permit __ Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more X Grading, seawall, retaining walls within 75' of lakeshore PRO/PIO -see Fee Schedule --- ---$250 .00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $600.00 Commercial Site Plan Review(+ consultant fees) $600.00 Vacation ---$600.00 Easement Vacation ---$100.00 Easement Vacation With Subdivision --- ---$600.00 Rezoning (PUD -refer to fee schedule) ___ $600.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- REQUIRED SUBMITTALS 1. 2 . 3. 4 . 5 . 6. 7 . 8 . 9 . __ Completed Application Form. l J ___ Describe request in detail. ,r D11 i/1 t.ic. --- \\! 1~ Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance , Government Center, A-603 300 South 61h Street, Minneapolis, telephone 612-348-5910). Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information . Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). ___ . List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). ---Construction plan, if applicable (see staff for requirements). ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application . YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS AND 1 COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be submitted .) The Applicant and Property Owner must sign this application . Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete . Initials of Clerical Staff: Date -------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Adm inistrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge . Applicant's signatureL 1 // ~ ~~ Date //0.~y OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this appl ication and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owne~s signature ) '1;,: J ~'-/U Date / t" ~.f' /c~ Applicant must have all submittals into the C ity offices 25 days before the Planning Commission Meeting . Planning Comm ission Meetings are held on the third Monday of each month . Applicants must be present at all scheduled rev iew meetings of the Plann ing Commission and Council. If an applicant is unable to attend a scheduled meeting , please make arrangements to have an authorized agent attend in your place and advise the Building & Zon ing Office of this change prior to the meeting . 'ffl~·. !~· l! ' I City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax : 952-249-4616 Mailing Address: P .O . Box 66 Crystal Bay , MN 5532:3-0 066 Application# (}l/--;yJ{;;[; Date Received : /OlPfl)l/ Amount Paid : tptJt), Z0 Staff : M#lant-i Fee: S600 ~.::..,::....:'--------Renew a I: $300 ~=-=-=------A ft er -the -fact: $1,200 Double Fee Th is application form must be completed in full. Ap~·icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address : 3626?5 c A RfY\ f\1'0 RD Property Identification Number (PIN): ------------------------(Attach legal description to application if not included on the survey.) Date Property Acquired (mo~th/year): w)t:? 1 D Yes, I own the adjacent parcels. Present use of property: 'bl Residential D O'iher ------------------- Zoning District: APPLICANT INFORMATION: (Complete legal na~~s and marital status required for each interested party) Name: 0 . Y"\ f\ ~ '<'.'.... <i :W J\J 1-..J:.J: E fr ~c TO 'R . Phone (home): 4 5 ;3 .. <-) :3 :5 · ,2 9:) 2 Phone (work): °T(p 3 · 34 0 · 5 lo.;;> l Address: ·3 ;;i {or::;-c fr R... fY\ Itµ ~o -A D Email : t'X',;:;\A.\';(@ ~~ reh . C 0-,,::v"\ Fax: r t 9;3 . ":f<t:)5-. ex@ JO OWNER INFORMATION: (Complete legal names 2:-:d marital status required for each interested party) Name : Phone (home): Phone (work): ------------Address : Email: Fax: -------------------- DESCRIPTION OF REQUEST: $ ___ _ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . D Pre-Application Meeting Form, completed by a City Planner. D Completed Application Form D Completed Hardship Documentation Form D Certified Property Owners List -owners within 150' of the subject property, labels and plat map . List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 5th Street, Minneapolis, telephone 612-348-5910 D Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. D Completed hardcover calculation worksheets (as provided within the variance packet). D Topographic survey -including existing and proposed elevations. Provide one copy 8 .5" x 11" or 11" x 17" for reproduction. D Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). D Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: Applicant's Signature: ~ '7-h Date: -..!~..L._~~....::.!:...:=--~~~"------- __ t2;.-"""""~---=~---4,,~.......,_. _,,~_...d..;...,o..""""cr---.'--'-----Date: ' l OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature : A' I..,.,. Owner's Signature: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-app lication meeting .*) Stre et A ddress : 27 50 Kell ey Par kway Orono , MN 55356 Ma i n: 952-249-4600 Fa x: 95 2-249 -46 16 Mailin g Address. P.O. Box 66 Cryst al Bay , MN 553 23-00 66 For Office Use Only : City Plan ner: Meet ing Date!Time : PC Date : What is the purpose of a pre-application meeting? Pre -application meetings aid the applicant in preparing a complete proposal , inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 3 at a 5 C.(t:R-'fV\ A-\\-J 1Z 'D Property Identification Number (PIN): Zoning District: Size of Property : ----------------- DESCRIPTION OF REQUEST: D Res . Access . Use D Comm/ lndust Use D Other: D Institutional D Guest House/Guest Apt D Duplex Credit/Bldg D PRO/ PIO D Land Alteration D Comm Site Plan Review OTHER INFORMATION: *Please note: Your application will NOT be accepted w ithout a pre-application meeting during which this form will be completed by City st~~ Applicant Signature: J..)-/J h/uf':;(/ ~ Date: / {;/~y ~~ # City of Orono Pre-Application Meeting Form (Th is form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Ke lley Parkway Orono , MN 55356 Mailing Address: P.O . Box 66 For Office Use Only : , At{' A 111 _; City Planner: IV I (IVf' I [ V Crystal Bay , MN 55323-0066 Meeting Date/Time, { Allh7 . , PC Date : ~W-1LVY..............,VL1---4/X----e-.V....,,,__ ___ _ Main : 952-249-4600 Fax : 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code , and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: SiteAddress: 3ij[a.,_,-C A:RMfl "'-1 RnAO Property Identification Number (PIN): ---------------------Zoning District: Size of Property : ----------- DESCRIPTION OF REQUEST: D Average Setback D Side Yard Setback x.IT)Hardcover D Lot Coverage D Other: D Rear Yard Setback D Lot Area D Front Yard Setback D Lot Width Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form , Initials : understands it as it has been explained to them, and is aware that it must -----be completed and submitted in conjunction with their formal variance application . OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: ,J) /-J-1,J/c_ ";tf(.,51;--···· Date: ( Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27 , Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted . The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible . Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of these hardship criteria as they relate to the request (some may not apply): 1 . 2 . 3. 4. "The property in question cannot be put to a reasonable use if used under conditions ~!lowed bY. the official controls ." . , . kkc,-Z ~ if~ \jJ\J._M_&JJ'f\2J IA ()J\~QA_ t c:, "The plight of the landowner is due to circumstances unique to his property not cre i y~~i~¢~~ --t·o ~-°'-. C\-\C)v\~~. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." N-1\ 5 . 6 . 7 . 8 . 9. 10 . 11. Page 2 of 3 "Undue hardship also includes , but is not limited to, inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J .06, Subd. 2, when in harmo r y, with this Chapter." 1:"1 ·A- "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located ." N f\- "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." !0~ "The special conditions applying to the structure or land in question are peculiar to such property or immed iately a.djoining property ." \ . :~~-$~~or=~~":_~\~ "The conditions do not apply generally to other land or structures in the district in which said la~d is located~ ~ Pl'.'JM \L) L~ c7Y'--. ~ ~tl:'-1 "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ~~""~r~~"<:lw;~--w cJl~ °' ~c,~--\::D\i vo~ . ~ ~ .,._~u . ..-'::-NOw d ,.n~t . ~ µ.)06~1,.,~'.:) if>. ~~~~ ~ hJ('.')c,l, f.+t: ~ 1~ 6 .. UJ\Q~ ~('~u.,N2. ~ l,~~-tQ "The gra"fing of the proposed variance will not in any way impair health, safety , L~ comfort, morals, or in any other respect be contrary to the intent of the Zoning Code ." ~~ _ rJQo::,,,R IA -\:N.. locA-iP u..---JQ. he. a.c,l~ ' I I ~::::/ I .. 1 Page 3 of 3 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 ." ~-p)NV~JLvc ~.. f:O c>~ 5,1 A M~ >°"" u_/vv.¥?fP , Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): \"-':,.e_ I~ ______ _______,( ____ ~ Minnesota Building Analysts, lnc. I .19t.8 (den ()ak Street , tirm~tunka, \·1 )5345 Phone 952-906-9..).90 (iary Vaness-Owner Inspection Address: 3265 Carman Road Orono, MN Buyers Name: Bonnie Bohn and Mark Hector Date: 05-14-04 Issues: • Minor mold stains on the north and west walls of the family room are an indication of past moisture penetration through the foundation. Consider adding a professional drain tile system in this area of the basement. • The wood fireplace in the family room has damaged firebrick in the burn box , a cracked masomy lining in the plenum , a cracked brick wall in the main furnace room and spalling bricks at the top of the chimney . A brick mason should be contacted for repairs. The pop u dam er c ble sh u d be ad·usted to close properly,_._. __ ------:--::-:~-~--.... • The railroad tie retaining walls at the west s1 ofltie property are at end of life and should be rebuilt. ._..._•_ The lower deck and pool deck have areas of wood rot. Total replacement is needed. oded soil under the deck should be improved. • A cracked and loose slate tile at the front entry should be replaced. • The dirty gutters should be cleaned . • The flexible steel gas line at the clothes dryer should be changed to flexible stainless steel. • The GFCI breaker that supplies power to the pool area does not trip when tested. This should be replaced and proper wiring to all pool equipment verified. • GFCI protection should be veri fied at the master bathroom whirlpool tub. • One outlet at the south wall of the office has a weak ground. • The furnace humidifier does not function. • The electronic air cleaner is inoperative and is now being used as a standard filter. • Ask the seller the function of the blower in the ceiling of the lower bedroom. • The exhaust fan in the upper level hallway has low air flow. • Minor caulking is needed at the bathtub in the upp er hall bathroom. • This is a beautiful home!! ! Inspector: Gary Vaness i, ,;?"-··} l-·: h;, • I · • ""~ "':), :J}); ':Ii ;i?;1) ·<.~if! ,4' 2 (23) 1' ,<J,, (20) 5 4 (21) ,P,~ Hennepin County Taxpayer Services Department (3 0) ,(<, .,'€i"ij) ./ ' 5 B (6) I I (3) ~ ~ ~ 1' 1' 150 :, 2 3 ,, (12)' 150 4 (30) 150 5 (31) 150 ,, (22) ~ "' ~ ,•· ' 3 1' 7 ,,• (5), •• ~~ ~ st ~· .... 6 ~ I !4! ~ I I I I 1 ' 150 ,, ,, 1' 150 0, 13 (38) 214.15 12 (37) 212.4 11 201 10 (5 5) 182.8 :ll i:i ~, .,. __ ~laOIIII!,...""""~ Parcel ID 2011723140011 House Number 3265 Street Name CARMAN RD This is not a legally recorded map . It represents a compilation of information and data from City, County, and State road authorities and other sources. -...... _ ~ ~ ~ ~ ~ ~ D (29) 175.5 NB ;, 175. -~,>.,. 1 (5 1) 146.3 RUN DATE : 9/28 /2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 2011723140007 38 2011723140008 38 2011723140009 PROPADDR 2697 KELLY A VE PROPADDR 2695 KELLY A VE PROPADDR 3225 CARMAN RD OWNER NAME GARRY E MORRIS OWNER NAME CD S[MPSON & R SlMPSON OWNER NAME DC & VA HOUCK TAXPAYER GARRY MORRIS & PAlTY MORRIS TAXPAYER CHARLES D SCMPSON TAXPAYER DA YID C HOUCK NAME/ADDR 2697 KELLY A VE NAME/ADDR 2695 KELLY A VE NAME/ADDR 3225 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 2011723140010 38 2011723140011 38 2011723140012 PROPADDR 3245 CARMAN RD PROPADDR 3265 CARMAN RD PROPADDR 3275 CARMAN RD OWNER NAME JS NIELSEN & KR NIELSEN OWNER NAME D M HECTOR & BK BOHN-HECTOR OWNER NAME MITCH OLSON & KlM OLSON TAXPAYER JON S & KIRSTEN R NIELSEN TAXPAYER D MARK HECTOR TAXPAYER MITCH & KJM OLSON NA'"..,IADDR 3245 CARMAN RD NAME/ADDR BONNIE K BOHN-HECTOR NAME/ADDR 3275 CARMAN RD EXCELSIOR MN 55331 3265 CARMAN RD EXCELSIOR MN 55331 ·:-. ;;-·>, -EXCELSIOR MN 55331 f.1 ~>-1 38 2011723140013 38 2011723140014 38 2011723140015 i·L ~. -J ·~·· ' -· . !'• • PROPADDR 3285 CARMAN RD PROPADDR 3295 CARMAN RD PROPADDR 3300 CARMAN RD OWNER NAME LR MOLSATHER & L D SALLEE OWNER NAME T PLOWE & RA LOWE OWNER NAME JOAN E NIELSEN ~ ,,;., •,· . TAXPAYER LR MOLSATHER & L D SALLEE TAXPAYER THOMAS P LOWE TAXPAYER JOAN E NIELSEN \ (t ? NAME/ADDR 3285 CARMAN RD NAME/ADDR 3295 CARMAN RD NAME/ADDR 3300 CARMAN RD "(. ~-\,,f EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 5533 I /-'·:·:·.-~',?.:) 38 2011723140016 38 2011723140017 38 2011723140025 ~t i PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 2693 KELLY A VE PROPADDR 2655 KELLY AVE •'"'-... -· ... ;., ... ~.-..:· ...... OWNER NAME VILLAGE OF ORONO OWNER NAME MARILYN H MCCLASKEY OWNER NAME J W EUGSTER & CM EUGSTER C'~ TAXPAYER CITY OF ORONO TAXPAYER MARILYN H MCCLASKEY TAXPAYER JACK EUGSTER/CAROL M EUGSTER ,--r NAME/ADDR PO BOX 66 NAME/ADDR PO BOX6 NAME/ADDR 2655 KELLY A VE CRYSTAL BAY MN 55323 MINNETONKA BEACH MN 55361 EXCELSIOR MN 55331 ... ~ ~fL 38 2111723230041 38 2111723230048 38 2111723230049 PROPADDR 2699 KELLY A VE PROPADDR 38 ADDRESS UNASSIGNED PROPADDR 38 ADDRESS UNASSIGNED OWNER NAME D & L UPHOFF OWNER NAME ENVIRONMENTAL PLANNING INC OWNER NAME D & L UPHOFF TAXPAYER DARYL L & LUCY S UPHOFF TAXPAYER ENVIRONMENTAL PLANNING INC TAXPAYER DARYL L & LUCY S UPHOFF NAME/ADDR 2699 KELLY A VE NAME/ADDR 4910 IDS CENTER NAME/ADDR 2699 KELLY AVE EXCELSIOR MN 55331 MPLS MN 55402 EXCELSIOR MN 55331 RUN DATE: 9/28/2004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1-2 v 1/ -- DATE o -0 1 BY , rr\\ \ cJ) ' ;~ ,, {-> 'l• \ ,1 .,, ~~t ), ' ~ :?.~ c::.::...:' c:::J ' ";, r=- t < ~ ~ PAGE: 2 TREASURER Center nesota 55487-0 060 FEE TRANSACTION INVOICE ,ctor by: Center Invoice Number No . of Units Rate Total David Yurich 1 0 44130 671500 2004 -3 15 $1. 25/Uni t $ 25 .00 Detail of service performed 1. 20 117 23 14 0011 2. 350 ft List Date: Make checks payable to Hennepin County Treasurer and ma i l or deliver to Fee Cashier, A 600 Government Center, Minneapolis, Minnesota 55487-0060 FEE AUTHORITY 9/28/2004 The charges made hereon have been levied pursuant to Chapter 692, Laws of Minnesota,1969, which gave authority to the Hennepin County Board of Commissioners to set fe e s for certain services provided by departments of the county. Copy 1 -Customer DATA PRIVACY ADVISORY In accordance with M.S . 13.04 , Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information . You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license . 4. If your requested permit or license requires Council action to approve , some information may become public. 5 . You have certain rights under M .S. 13 .04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First 36? ro ~5 Middle C A R.J'V\ A f0 Address C2 Ro J\.J O City I understand my rights as stated above . c 1) ~ ?atA-£L£ Sig nature Jl4 ~, 't[]L t .. c''r--1.p .~ M f, (, .. ; I /iii;/ •.:~-·· R ast C). M0 State ;f:z-::Y '~::-::z-;·::, ' '. ~ . \ \, i/ -~ Sec.13 .04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. · Subd . 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system ; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data . This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13 .82 , subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms . Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created . The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data . The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies . The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays , Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request , excluding Saturdays, Sundays and legal holidays . Subd . 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise th is right , an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data . The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. DATA PRIVACY ADVISORY In accordance with M .S . 13 .04 , Subd . 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested . 2. You may refuse to supply data , but refusal may require that the City deny the permit or license . 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4 . If your requested permit or license requires Council action to approve , some information may become public. 5. You have certain rights under M .S . 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Address oRoN c) City Middle I understand my rights as_ state91 above . , D '17 1'° l -lL#z--- Signature / 7 Last yv\N State . \ / 5633} Zip 46;>· (:)35-3Ef]5- Phone