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Home My WebLink AboutProject PacketSEP -2 \997 -~,y Dc:PUTY C ITYof ORONO RESOLUTION OF THE CITY COUNCIL NO . 3 9 3 6 A RESOLUTION GRANTING V ARIP..NCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDMSION 5 AND A CONDI TIONAL USE PERMIT PER SE C TION 10.09, SUBDIVISION 6 F ILE NO. 2260 WHEREAS, Benjamin Milbrath and Karen Milbrath (hereinafter the "applicants") are the owners of the property located at 3265 Carman Road within the City of Orono (hereinafter ''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 from Municipal Zoning Code Section 10.03, Subdivision 19, Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 to replace a retaining wall in the 0-75' lakeshore setback and to remove a timber walkway in the north side yard and replace it with a retaining wall. Variances for side yard setback to allow a retaining wall in the required 1 O' side yard along the north property line; hardcover in the 0-75' lakeshore setback where 673 sq. ft. (9.4%) is proposed and 1,252 sq . ft. (17.57%) is existing and none is allowed; hardcover in the 75-250' lakeshore setback where 3,456 sq. ft. (26.87%) is proposed and 3 ,614 sq. ft. (28.1%) is existing and 3,215 sq. ft. (25%) is allowed are required. A conditional use permit for replacing a retaining wall in the 0-75' lakeshore setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono , Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2260. 2. The property is located in the LR-1B One Family Lakeshore Residential Zoning . District where the minimum lot area requirement is one acre. Page 1 of 6 CITY of ORONO RESOLU T ION OF THE CITY COUNCIL NO. 3 9 3 6 °' 3 . The Orono Planning Commission reviewed this application on July 21 , 1997 and recommended unanimous approval of the proposed variances and conditional use permit based upon the following unique findings and hardships : a. The zoning lot does not meet minimum lot area or lot width requirements. b. The topography of the lot drops 22' from the front yard to the lakeshore . c. The north side yard has a steep topography that slopes down to the lakeshore. d . The timber retaining wall was in a deteriorated condition and has been removed. Work has been stopped on replacement of the wall until the appropriate variances and conditional use permit are obtained. e. The amount of hardcover will be reduced. f. Previous variances were granted for hardcover on this lot. 4. The 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 properties, 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. 5. The City Council finds that granting a conditional use permit to replace a retaining wall in the 0-75' lakeshore setback will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties , nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 3 9 3 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit, a side yard variance , and hardcover variance in the 0-75' and 75-250' lakeshore setback per Municipal Zoning Code Section 10.03, Subdivisi "n 19, Section 10.22, Subdivision 2 , Section 10.24, Subdivision 5 and Section i0.09, Subdivision 5 to permit replacement of a timber retaining wall with a concrete block wall in the 0-75' lakeshore setback and to remove a timber walkway in the required north side yard and replace with a retaining wall, subject to the following conditions: 1. The retaining wall and walkway will be constructed as shown in Exhibits C and E. 2. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (July 28, 1998). 3. 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. 4. 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. Adopted by the Orono City Council on this 28th day of July, 1997. ~~~ Ail 1JJ:'{11 t,..ft , I kil1 +!1. wner(s) Page 3 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 6 The foregoing instrument was ackn< wledged before me on this 28th day of July, 1997 by Gabriel Jabbour a.11d Dorothy M. Hallin, Mayor and City Clerk of the City of Orono , a Minnesota municipal corporation, and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. i) . · ·--l ? .1 i ~ (i ',''i·' I '-,,.--;/-,x:_,t: //:_' ·Cl.· L .. ' . ~ ~--':-::..-,,--< )w On this '/ h , day of A1 1 c 1 c ·, ·:,, f , 199 :]__, before me a Notary Public within and for said County, personally appeiifed 8r·,1 io n2 i,,1 /vi ; I t>rd t, CbGrtic J known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) -/ On this :::J +11 day of [/Lu .. --r .ud , 199 _.1__, before me a Notary Public within and for said County, personally a~peared f[(L ! r ri Ytk {b,<,4 '[/, /'c?? £.<AA-< .. ; cf known to me to be the person( s) described in and who executed the foiegoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAM IE L GEMAR .,.~ IBIIPIN COUNTY U, Colnillsslai &piilS Jln. 31. m, \ r ,a/,iu.~ ,,, Not7~'ublic Page 4 of 6 · .:..~:..~ .. : .... , ...... _., .. . 5aole:·. l''~ZtJ' ff ,,. C, ~ • ~--'-'> ~t.:--,1 l, .. -·~ .. . • •·· ! ., ..., > 0 ;;,:, r+ :,c ,., c.,, % • ..., a, 0 --0 ,., n ,... 3 0 ,., ..... ..., "" .,, ~ r::, ::i: ·-·--, ... 0 -, C ' RESOLUTION NO. TEL: .. 'Kl: YSTOl'E I .. , I,,· 1·. "., t , •• 'II''" . " • • ' ., • "~ \. • I .. t. June 18, 1997 Mr. Jeremy Banken Meadowood 18435 Highway 55 Plymouth, MN 55446 Re: Milbrath Residence Orono, Minnesota Dear Sir, Jun .1 8'97 16:4 3 No .0 03 P .0 2 RESOLUTION NO . B 9 S 6 #~9 A0 u~O·.• · ~ : ~.§. tl . . . -.. Attached is a copy of the Keystone gravity wall design chart for various site conditions. Per your description and field sketches, the walls will not exceed 5' in height, experience no additional surcharges, and be constructed in predominately clay soils. Keystone Standard units constructed with the 1° minimum setback orientation will meet the requirements of these site conditions and the minimum design requirement of the Unifom1 Building Code. Construction shall be in accordance with the Keystone construction manual. raig D. ritz. P.E. Sc~_ior nginecr Attachment 4.JJ,1 W.:,t 71\th Sm:.:t 81,.,.,mington. Minlli:"''J :r,:r,.n:; 61:lli'J'/-11'4U ~c~.1n.n-~1r11 h" 1, 1 }J>-•.•7 ,x~x 20589 Page 6-a of 6 Ol99S .KEYSTONE• Retaining Wall Systems • 4444 We,t 78th Sc. • Mlnncapolu, MN .5543.5 • (612)897-1040 • (800)7,17-8971 • F:i.x(6l2)897-38S8 ..,;..------------P-~>-~ .... .'\t.···•· . -.~~ . :99 38 :~·."::~-:~\~~~t---------------- Retained Soil Type NEAR VERTICAL WALL (Minimum setback per unit) STANDARD UNITS MAX. HGT. Backalo~e Soll Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 4.9' 4.8' 4.7' 4.3' SIity Sand 4,5' 4,4' 4.2' 3.8' Slit/lean Clay 4.2' 4.0' 3.8' 3.3' COMPAC UNITS MAX.HGT. Bacl<slopo Soll Type Level 4H:1V 3H:1V 2H:1V -· Sand/Gravel 2.T 2.6' 2.5' 2.4' SIity Sand 2.5' 2.4' 2.3' 2.1' Slit/Lean Cla1, 2.3 2.2' 2.1' 1.8'. I Retained Soll Type ONE INCH SETBACK WALL (1 "setback per unit} STANDARD UNITS MAX.HGT. . BackslODQ Soil Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 6.5' 6.3' 6.1' 5.7' SIity Sand 5.6' 5.6' 6.4' 4.8' SRt/lean Clay 6.2' -5.0' 4.8' 4.0' COMPAC UNITS MAX.HGT. B&ekstooe son Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 3.6' 3.5' 3.4' 3.2' SIity Sand 3.2' 3.1' 3.0' 2.7' Silt/lean Clay 2.9' 2.8° 2.7' 2.2' Notes: Calculatlons assume a unit weight of 120 lbs/cf fQr all aoll types. Assumed + angla:s for earth pressure calculations ana : Sand/Oravel-.34 '. SRty Sand-30°, and Sandy SIM.ean Clay.26'. Non critical structures with SF> 1.5. No surcharge loadings ant induded. Surcharges or ~I lo&d'lng conditions wm reduce maximum wall holghta. Sliding calcuhstlo~ a.seume a 6 * C1U$hod etono levelling pad u eompac:ted foundation mat~. The lnformatlon provided la for preliminary deet111 U&& only. A qualified professional should be consulted. Keystone accepts no labWty to_r tha Improper use of ~ ta))I~ Page 6-b of 6 311~5 RESOLUTION NO. 8936 £ f £ J) ~ ::: ... • ... - t.; E :D ~ 1) -- Page 6-c of 6 71"'\' I ~I'\• T "f I ,--,, T • -i-, I STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 9 3 6 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 28 , 19 ~. and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this -------29th day of Jul , 19_g~z~ (SEAL) -'--'·•u""'Jlv 1 A EGISTEAf.D VOL .2F ~ l ' PAG E ,_£_1,.[J..~.2-- J' c__ co•~ OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON SEP 15 1997 1 IA V'1 t9 ,0a.,, C a:,,J_ REGISIRAR OFmlfS BY DEPUTY h1e /-l'v' ~! {-(/1/iet'f /1/U BELLEVILLE, ILLINOIS BLOOMINGTON , ILLINOIS CHAMPAIGN , ILLINOIS CHICAGO, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORJA, ILLINOIS ROCKFORD , ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO. (612)295-0660 Elizabeth Van Zomeren City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER SUITE 3200 222 SOUTH NINTil sntEET MINNEAPOLIS, MINNESOTA 55402 612.333.3434 TELEFAX: 612 .334 .8888 October 20, 1997 .... '·.v .. Re: Recorded Resolutions Dear Liz: FT. LAUDERDALE , FLORIDA JACKSO NV ILLE, FLORIDA MIAMI, FLORIDA TAMPA, FLORIDA MUNSTER, lNDIA NA ST. LOUlS, MISSOURI APPL.ETON, WISCONSIN BROOKFIELD, WISCONSIN LAKE GENEY A, WISCONSIN MILWAUKEE, WISCONSIN FILE NO . 752031 Enclosed, for the City's records, please find an attested copies of the following resolutions which were recorded September 15, 1997, in the office of the Hennepin County Registrar of Titles: 1. Resolution No. 3936 (File No. 2260) recorded as Document No. 2843252; 2. Resolution No. 3940 (File No . 2266) recorded as Document No. 2843253; and 3. Resolution No . 3933 (File No . 2256) recorded as Document No . 2843204. Upon your receipt and review of the enclosed documents, please do not hesitate to contact me if you have any questions . Enclosure cc : Thomas A Barrett, Esq. Very truly yours, Nancy L. Chadwick Legal Assistant A PARTNERSHIP INCLUDI NG PROFE SSIONAL CORPORATIONS TO: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren , City Planner/Zoning Administrator DATE: July 16, 1997 SUBJECT: #2260 Benjamin Milbrath 3265 Carman Road Variances and Conditional Use Permit--Public Hearing Zoning District: Lot Area: Application: LR-1B 19,985 One Family Lakeshore Residential District (1 Acre) square feet ( .46 acres) The applicant is requesting variances and a conditional use permit to replace a 4' wood retaining wall that has rotted in the 0'-75' setback. The applicant is also requesting a variance to remove a walkway constructed of timbers in the sideyard to replace it with a retaining wall. Pertinent Ordinances: • Section 10.03, Subd. 19, Prohibition. • Section 10.09, Subd. 6, Conditional Use Permit • Section 10.22, Subd. 2, Lakeshore Hardcover Land Alteration Regulations • Section 10.24, LR-lB, One Family Lakeshore Residential District, Subd. 5. #2260 Benjamin Milbrath 3265 Carmen Road Variances and Conditional Use Permit PC: 7/19/97 page--] ANALYSIS Lot Area and Yards LR-1B District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 1 acre 140 feet 35 feet 10 feet 30 feet Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside 19,985 sq. ft. 105' ft. (app.) 35' (app.) 9.8' and 10' 85' from house (.46 acres) deck encroaches into 75' setback The subject property does not meet the required lot area and lot width minimums . The house encroaches several inches into the required north side yard. The deck encroaches into the required 75' lakeshore setback. A side yard variance is needed to replace the walkway along the north side of the property with a retaining wall. Structural Coverage Structural coverage is not impacted by the proposed retaining wall replacement. Hardcover Distance Total Area in from Setback Shoreline 0'-75' 7 ,125 sq. ft. 75'-250' 12 ,860 sq. ft. #2260 B enjamin Milbrath 3265 Carmen Road Varian c es and Conditional Use Permit PC: 7/19/9 7 page--2 Existing Allowed Proposed Hardcover Hardcover Hardcover 1,252 sq. ft. None 673 sq. ft. (17 .57%) (9.4%) 3 ,614 sq. ft. 3,215 sq. ft. 3 ,456 sq . ft. (28.1 %) (25%) (26.87%) Variance Requested 673 sq . ft . (9.4%) 241 sq. ft. (1.87%) The proposed replacement of the retaining wall and sidewalk reduces hardcover in both the 0'-75' and 75'-250' setbacks. A variance for 9.4% in the O'-75' setback and 1.87% in the 75'-250' setback is required. Previous variances to allow 28% hardcover in the 75'-250' setback were granted. STATEMENT OF HARDSHIP The applicant has provided an explanation of his request, please see Exhibit AA. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used as a residence, however , the rotted wall has been removed and the applicant's deck needs to secure his deck. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The landowner's situation is created by the condition of the retaining walls that were on the property, his desire to replace them , the location of the retaining wall in the required lakeshore setback, and the topography of the zoning lot. 3. The variance , if granted , will not alter the essential character of the locality. The variance for a side yard setback, hardcover, and lakeshore setback will not change the character of the area. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property, exists under the terms of this chapter. Economic factors are not a consideration with this application. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. #2260 Benjamin Milbrath 3265 Carmen Road Variances and Conditional Us e P ermit PC: 7/19/9 7 page--3 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Retaining walls are allowed on residential property if the applicable requirements are met. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This special conditions applying to this zoning lot is the topography and the deteriorated condition of the retaining wall that was removed. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. There have been other applications before the Planning Commission and City Council to replace retaining walls in lakeshore yards that are deteriorated. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variances are needed to secure the deck and yard from eroding into the yard and lake since the rotted wall has been removed. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. If the wall is not replaced, the safety of the applicant's household is threatened. 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. The variance will alleviate hardships created by topography and location of the wall in the required lakeshore yard. #2260 Beryamin Milbrath 3265 Carmen Road Variances and Conditional Use Permit PC: 7/19/97 page--4 1. The zoning lot does not meet minimum lot area or lot width requirements . The north side of the house encroaches several inches into the required 1 O' side yard . 2. The topography of the zoning lot drops 22 feet from the front yard to the lakeshore. The side yard on the north property line where the applicant wants to replace the timber walkway with a retaining wall has significant grade changes. 3. The retaining wall has been removed along the deck and it needs to be secured. 4. Previous variances were granted for hardcover. STAFF RECOMMEN D AT I ON To approve a conditional use permit to replace a retaining wall along the deck and construct a new retaining wall to replace a walkway in the side yard and to grant variances for lakeshore setback, side yard, and hardcover to allow the retaining walls as shown in Exhibit C. Attachments A Application B Plat Map C Proposed Survey D Old Survey E Retaining Wall information from contractor F Hardcover Calculations G Building Pad sketch H Topography Map I Permit History #2260 B e njamin Milbrath 3265 Carm en Road Varianc es and Conditional Use P ermit P C: 7/19/9 7 page--5 r LO(A-f lOtJ MJrf 75 1 !E $1.JNNYFIELO " :ai I ~ ~ ! 0 "':5 ~1$ A 11600 ~ GAME FAAM ADE .. ' .:; 1=:; B '<t I'- a.. <( ~ -w w Cl) C D <D a, a, ii @) 2400 '!\ ... I' ; '!\ Ii 0 0 "' "' 2 SEE MAP 61 AD E 1111 IIIOCMO •lltSTTO#KA .... ,,,. Cooks Ba y Lake &linnetonka /_ SEE MAP 89 '~, , ., -··-• .,. ·-.. .. ... ---• _, ·- r--·.c: -,-~ ,;;;.;--.-=-~; ·--·, rt ZZ6o -3 ·-~ !iii~~\ .• I -.r e e ""' e C-' .,,. ~ (;;."", I .... c;;::-' .... c:--.... C c;;:. . """' <;;;; 1 ~.,. c::; .... ~ . "'~ .c --,....,. C: _,.,, ~- ...... e ~ I .... -~- c---~;; Gi,1,1Ja""':"' fa1;1 &,,.."'fl!\ ) Z b 5 ( af"IMGI"' IZor..~ 4 '<.~ Arm 5 Minnetonka ~o I !::11: ORCHARD CIR 75 C D &! ~ I @) #')')0.0 / • ,;'!:>'.'? '.('.' ~ t:; i9 .f,-·~-·~·r"':· 9 {-·~~ ~-_ ... "1 ';,:, ,,..h \:·~-?if r ..,, ·;-;;, , ... , . .., .... .1 ~.·· .. Y ~ . .,.. Application # d-d-(ti(J Date Received jf f 6f (q:] Amount Paid . d-5D- l<ec -'1ff ~ if ll 7 "2.... •' •• w ( ·,-.: -~·./ '>C -..,~\, ~~Y C ITY OF ORONO -GENERAL LAND USE APPLICATI ON PROPERTY LOCATION Site Address 'S ZC.S: C:.~d"vn,A-f'""\ 'Vo~ C:xc.::.-l61~ W'vl 5 S 7::>'3 I Type of Application to be Filed ---------=-----------_;_- Property Identification Number (P.I.D.) Z.. O -l l 1:--Z. 3 \ L-/ 00 I I APPLI CANT · Name X>~o_y-,/\:\•""'-VV):\\o~~ Address 3 le,, '5 C Ar r11 A,...... J2o W Phone (home) 41 I --11 C..0 Phone (work) 41 (, -3 '16 ( City C.:x c.:,...\? ,o r Zip S-S 3 3 \ OWNER (if different than applicant) Phone (home) _______ _ Name _________________ Phone (work) _______ _ Address_· _____________ City ________ Zip ____ _ Date Property Acquired :SA Au fr,( l4 '10 I (do) (do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP application $175.00 Residential Accessory Use --- ---$250.00 Institutional (church, school, etc.) ---$225.00 Guest House/Guest Apartments ---$200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use --- $250.00 Land Alteration ---Grading and filling -designated wetland or floodplain . Grading and filling -101 cu. yd. or more Y._ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ---$150.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) --- $300.00 Vacation ---$200.00 Easement Vacation ---$100 .00 Easement Vacation With Subdivision --- $350.00 Rezoning (PUD -refer to fee schedule) --- ---$350.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- (month/year) PRESENT USE OF PROPERTY Present Zoning District 1./2..-/ B 06/24/97 Pay 250.00 Present Use of Property K Residential ___ Other (specify) _____ _ 6 A ~Cl' '~ "l "' JJ ,) .:-l,j' .. 'f~ tz. ~ ~fl!fto·-~ .,.,._.. t,,,+.'f'J'i!11. t;,• J #-~ ~ .. ~i,.~,, ·-~: :· ,,.:"i 'f;~ t,-.:;;.~,~-.;-,.t ,,.-, ... J '::_ •, .d \~ .. Application # J. ;}<-t,o Date Received ff lcl+ /qC) Amount Paid , 'J._5D- ;~ec:<"1f+ ~ if 4 7 2.. -•... , . ,,/, :!~" ~ CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3 Z CS: C.Arv:n Af"\ '\2oAJL (Xc t::.-l ~,~ W"vl 5 5 ~3 I Type of Application to be Filed --------=-------------Property Identification Number (P.I.D.) 2.. 0 -ll 1: -Z. 3 \ l-/ 0 0 I I Phone (home) t.i 1 I --r) <..u Phone (work) L/ 1 (, -316 l City L )(cc:.-\?,o r Zip S'~ 3 3 \ OWNER (if different than applicant) Phone (home) _______ _ Name -----------------Phone (work) _______ _ Address _____________ City ________ Zip ____ _ Date Property Acquired ::5 A "u (¥-,( l4 'i 0 I (do) ( do not) also own the adjacent parcels of land. FEES -CONDITIONAL USE PERM IT S - ___ $ 75.00 For each variance request with CUP application ___ $175.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use --- $250.00 Land Alteration --- --Grading and filling -designated wetland or floodplain . Grading and filling -101 cu. yd. or more Y._ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ___ $150.00 Renewal Fee (no change from original application) ---After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) --- $300.00 Vacation --- $200.00 Easement Vacation --- $100 .00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ---$350.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- (month/year) PRESENT USE OF PROPERTY Present Zoning District l.12...-/ 8 06/24/97 Pay 250.00 Present Use of Property K Residential ___ Other (specify) _____ _ 6 A REQUl)lED SUBMITTALS 1. / / Completed Application Form. 2. ~escribe request in detail. 3. / Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). 4 . L Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5. / Attach legal description to application if not included on required survey. 6 . Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. _L List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. onstruction plan, if applicable (see staff for requirements). 9. 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 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale 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 Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurre ew of this application, and certifies that the information supplied is true cl correct to the st of his/her knowledge. Applicant's signature ~ -Date C:, r z_ l-{ I I 9- 0WNER' S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property b Ci staff, consultants, agents, commission members, and Council members for purpo es of investig · on and verification of this request. Owner's signature ~ bate C. ( 2,'f /7:'c Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting , please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 VARIANCE REQUEST fl (' 't.l" __ :,'. 5 · .. ~ .. · ct,.::::, -·· f I t/ J L ,.-~ . ) ! JF } , .. Applicant seeks a variance from the side setback requirements in the 0-75' zone and the 75-250' zone and a hardcover variance in the 0-75' zone to replace existing (previous variance granted in 1986) wood retaining walls that are rotting and to decrease the hardcover amount in the 0-75' zone by replacing current landscaping fabric & chips with grass. HARDSHIP STATEMENT A hardship exists in that the current retaining wall supports the base of the existing deck, pool and house . With its current condition there no longer exists proper structural support for the dirt wall which the structures rest upon and the hill will wash away over time. A second hardship exists on the side of the house where the existing walkway to the lake is constructed and the timbers are deteriorating, if such timbers are left as is there will be no safe access to the back of the property and their will be nothing to prevent the erosion of the hill suppporting the side and back foundation of the house. DESCRIPTION OF REQUEST Applicant Wishes to remove existing, previously approved 4' high wood rotted retaining wall in the 0-75' zone that runs parallel to and supports the hill that the existing deck, pool and house are located on. Applicant also wishes to remove landscaping fabric hardcover and woodchips in front of the old retaining wall and replace it with grass. Applicant would like to replace the wooden wall with a more durable 5' high wall constructed of keystone retaining block. Engineering diagrams and approvals / cerification of design are included . Applicant would also like to remove the existing walkway along the side of the house that leads down to the lake consisting of rotting landscape timbers, landscape fabric and rock and replace it with a outer retaining wall of keystone block and remove the landscaping timbers and fabric and rock and replace it with a grass walkway. By replacing the current retaining walls and steps the applicant will remove 579 square feet of hardcover in the 0-7 5' zone and replace it with grass. In addition the replacement of the timber and rock walkway will allow for water drainage to flow through our own lot into our backyard instead of overflowing onto the next door neighbors lot and eroding their hill. ENGINEERING DIAGRAMS AND STATEMENT OF ENGINEERING APPROVAL/ CERTIFICATION ON FOLLOWING PAGES 20-117-23 -J'-f ·: /1 '~. d. ' ,_ ... , ···v··--' [tT .•: ~:... ,;-."')~ \~~} ....... • • ..1. ....... ·.:. ·-·· .J'"' '' ; i-~ ' • ' -..J ':, -~ t,_ --~ {I ( I ' I ' 1 a Lan'f 'iZZ. e-(141C, '1),,J · ''. f;t: -~ L-fl,(_/:, ti V. fl C, -(fJ ;! ·')) . f!"" i-. t ~ ~ \ .\ .~ ~·} .. 81ll Olll90Nl I\V(N\,lf ~n11t,1 ft\.OQMINOlON. "'INN ,,.c:,, 1'1!1ft ,nn4 r:~t.i:o-i' 3 l, ...... ..,_ ... .'.I n > 0 ;n .... :,:: IT1 V, 7-• n w 0 -.: 0 n ;,<" C, "' Vl n X, . ·; ··~·. I ~·" ··, .. J • ... :;.:, ....... ., t-1 (/ . ,1 • . I' .• 1, p ,,., ,. '(; t lo ~,,df,!'rlc e. /V ( C'iJ ' 1 e hereby certify lhal lhls Is a true and correct rcprcsc11lalio11 or a surv"y ,,r 11,,. boundaries of the lancl abov.:? described and or the locallon of .ill 1J11llclln1:s, ii any , :1,,,,,,,.,..,.. and nll vlslble encroachments, if any, fro111 or on s:~/:d ~'\'"'· Dalf'd llrls __ ?.'~'-". d:i·; of M,1.r. , l!J !lfj_. /I _ ./ dU· -:7 .. ·-,! .. \-""I.J. f ,'··t ··~ ... I' -·/ ta, .,·~·r--;,' -~-..J':,''.(. c,•,-(,,. -' ;;i '-----------------c--:-=c:==: / ,./ 1',llrrny(.n a l<l·t:1 •,lr .1l1•,o1 ::,,. ·,;i1,1 .. · ){ ''.?T". . . . ;:i/) };§ Tilliif' .D C \ \. 5aole :·. ;11,,,. zo 1 t ..;~ ·-· i '• ·i :.. \ I · • ~, -~ l1. ·.:; (i l' ' I I I • La,,9 ;t:?, e-(u,c. -p,,J .. . 911:, Olll'ONT AYf.NUf ~nu,, ~ LAN~~~VORS Rc/lIJ ~ ------,..-------==••cZ:rz.zza,zz;zz:;J::mZ:zO~· ~:'.:··rr:.·~ flll..OOMINfllON .... l"IN ~~•:-,, IUIA 10fl4 l,:;-67.79 n > 0 7J M ::1:: 11'1 t./1 z - n co 0 -::: Q C, ,.., V, n :n n 7<' C ... ~ . June 18, 1997 Mr. Jeremy Banken Meadowood TEL : 18435 Highway 55 Plymouth, MN 55446 Re: Milbrath Residence Orono, Minnesota De.ar Sir, Jun 1 8 '9 7 16:4 3 No.00 3 P.0 2 0 . Attached is a copy of the Keystone gravity wall design chart for various site conditions. Per your description and field sketches, the walls will not exceed 5' in height, experience no additjonal surcharges, and be constructed in predominately clay soils. Keystone Standard units const1uctcd with the 1 '' minimum setback orientation will meet the requirements of these site conditions and the minimum design requirement of the Unifom1 Building Code. Construction shall be in accordance with the Keystone construction manual. .raig D. ritz, P.E. Senior nginccr Attachment 4-IJ •1 W.:,r 7Xlh '.,tr.:.:1 Rh"1i 1minghm , Mit11h.'"''l~l ~~·1:1) oJ W i<.11-10-10 W0/747-!N"/ I I·;,, 1, I .ilr.•!7 ,x~~ ----· 20589 TEL: Jun 1 8 '·J 7 1 6 :43 No.00 3 P.03 01995 KEYSTONE• Retaining Wall Sym:ms • 4444 West 78th St . • Minneapolis, MN .5.543.5 • (612)897·1040 • (800)747 -8971 • F:u(612)897 -3858 _____________ ..... i~~~ ,r~~if~;~ .... -------------- Retained Soil Type I Total Height Retained Soil Type NEAR VERTICAL WALL ONE INCH SETBACK WALL .¢'t~~,·. (Minimum setback per unit) (1 "setback per unit) ff 'i:. 1. t----------------------t--------------------~'~., .. ,,., ·'!;~/ ,-.. ~·'·· ,z. . STANDARD UNITS STANDARD UNITS MAX. HGT. Backalooe MAX.HGT. BacksloDG Soll Type Level 4H:1V 3H:1V 2H:1V Soil Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 4.9' 4.8' 4.7' 4.3' Sand/Gravel 6.5' 6.3' 6.1' 5.7' SIity Sand 4.5' 4.4' 4 .2' 3 .8' Silty Sand 5.8' 5 .6' 5 .4' 4.8' SUI/Lean Clay 4,2' 4.0' 3.8' 3.3' Slit/Lean Clay 5.2' IS.O' 4.8' 4.0' COMPAC UNITS COMPAC UNITS MAX. HGT. Backslopo MAX.HGT. Backslooe Soll Type Level 4H:1V 3H:1V 2H :1V Soll Type Level 4H:1V 3H:1V 2H:1V Sam:1/Gravel 2.7 2 .6' 2.5' 2.4' Sand/Gravel 3 .6' 3 .5' 3.4' 3.2' SIity Sand 2.5' 2.4' 2 .3' 2 .1' SIity Sand 3.2' 3.1' 3.0' 2.7' Slit/Lean Clay 2.3 2,2' 2.1' 1.6' Silt!Ll!lan Clay 2.9' 2.8' 2 .7' 2 .2' Notes : Calcula1lons assume a unit weight of 120 lbs/c;f for all soll types . Assumed+ angles for urth pressure ~culatlons ar11 : Sand/Oravel-34 ·, SIity Sand-30', and &ndy Sllt/1..ean Clay-26·. Non crttlcal litructuru whh SF> 1.5. No surcharge loadlng11 are included. Surcharges or sc,ecl&l loadlng conditions will reduce maximum wall heights. $lidtn11 calculations 0$Qvme s 6" Cro&hod stone 19Volllng pad u compactltd foundation material. The Information provldltd Is for prellmlnary dllfllgn U&8 only. A qualified profe8Uional should be oon9Uhed. Keystone accepts no llablllty for 1h11 Improper u1111 ol th9" tabh,s. 311:WS WVLO:[J ·21 .Nnf31'ill 03~!3'.)3~ £ " £ :P -• . . ~ " I- ~ E :t> ~ J) -- " \ ~ .. 71'\' I ... nl'\• 1'"'l1,1 """· T 'f 1r 7T 11nr to·d £OO"ON tt:~T l6,8 1 unc HARDCO~CULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000' f EXISTING HARDCOVER IN ZONE A. House B . Garage C. Driveway D . Sidewalk .S ·h .. Y':) E . Patio/Deck Length Lo 1 5' ld 2 , 2. t' X X X X X X X X X X X W idth e' S' 6' l l-I = = = = F . Landscape Underlain By Plastic Or Fabric X X X -:,_, __ I G . Other 60 x \LG..\-A,t',ol'\.k (....)ft.\\$ VJ'OTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A , B PROPOSED HARDCOVER IN ZONE .. , A . House x B . Garage C. Driveway D . Sidewalk st~ .. ps E. Patio/Deck Length Ld l.2 X X X X X X X X X X F. Landscape x Underlain x By Plastic X Or Fabric @ Other . / ·1 0 i x 12.cA A. "', Ai,,_W A--\\ .:::> UT OTAL HARDCOVER IN ZONE TOTAL PROPE~.TY AREA IN ZONE A J.bJ-B \o tl - '"1 l2 ~ X 100 = = Width = = = Si = = = = = \' \O X 100 S .F. ------ S.F. ------ S.F . ------ ------S.F. S.F . ------ ______ S.F. S .F . ------ Bo s.F. ------ 1 L{O S .F. -~~==----·2,5. 6 0~· S.F .~ S.F . ------ S .F. ------ ---~--S.F. ~~-'-S .F , (:, / S.F. :J Yc; S .F . _:]~1--,,7-~S __ S .F. ~' 0~, _U/~'~--% S.F . ------ S.F . ------S.F . ------ S.F. ---- S.F. ------ S.F . ------ S.F. ------ S.F. ------S.F . ------ A B _6 '---0---'-(c,""---S.F . ·Y.,f¥-- S.F. ------ S.F . ------ S.F. ------ S.F. ------ \ L-\ 7.-S.F. --~--- (l,l S .F. _·"]--'-'-1 _,.,l __.:$c.,---__ S.F. __..Z=-'-', 3=-y,_· ___ % A B HARDCOVER CALCULe'ORKSHEET F SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House ~ c:c. s~ ,u~( X = \ S ]9 S.F. Leogth I Width X = S .F . X = S.F. X = S.F. B. Garage X = S.F . C. Driveway X = lD25 S .F . X = S .F . D . S idewalk / ~..\-/.\, r · ~ X = Z~r S.F. X = S.F . E. Patio/Deck X = Ll '~ S .F . X = S.F. F . Landscape X = S.F. Underl ain X = S .F. By Plastic X = S .F . Or Fabric G. Other ~~ X 8 = lL (... S .F . w 1-'>.,-\\[_(...__.J ,C\...___/ C,"\ ~ lJC:.. o1= \--\. c.:. 0 sc:_ ·3e,) L{ TOT AL HARDCOVER IN ZONE S .F . A TOT AL PROPERTY AREA IN ZONE -l 2.1 8 c,,o S .F . B A 3~1y B \ ?.-8GO X 100 = 78 ,I~ (J1 !O -< .. :.(~ PROPOSED HARDCOVER IN ZONE A . House C, c-c::-S ,..., r,.;:s..'( X = l St~ S .F . Length Wi dth X = S.F . ) X = S .F . X = S.F . ·::-~ B. Garage X = ~D-2-,S S.F . I '-. C. Driveway X = S .F . X = S.F . D . Sidewafr / j-\-~ , r S X = l('l--S.F . X = S.F . I? ... E. Patio/Deck X = Ct 1-S.F. i1 ·, S.F. I X = \ ... ,.-~ F. Landscape X = S;f . Underlain X = S.F. By Plastic.. X S.F. Or Fabric.. 22-1 lo Jl \ b G. Other X -S.F. ~ ~\~'-{ 0.,A'j,JG-o~ \...\o u")G- 3L/S~ S.F. A TOTAL HARDCOVEIZ IN ZONE TOTAL PROPERTY AREA IN ZONE -\7 L 8C.O S.F. B 3Y s~ I Ltr};co at A B X 100 -?,.L,,, 9 3-: !O I ~~o u')c 2r 9cu\c __ V, c. vlD us\"'-tA ppruJ c;._ ~ _~.'Z8/::J(u \_\J~,2J Co u d , , / o.s(. 6 / Pl ·>c t of ~'Jrvey for l:erbe :·t i,. •i c1 :;~:in son cf .:.a t :i , Flo cf. l, Car:J1rn co,;e Hennepin Count:r, !<innesota 1 L:~·~:-:i:·j .··,:;::~t i t ~.· t..l -~~. t t _h·~_,; i ~ :: tr1;e ..... ~,·.:.c!. c.r p'r 2 1::l. !.~li>:.~YT'?~~l?r !'!'"? -t _ i( ., 0··· a ;;1t ~"""r'\/ o!.." t)v=~ ~:-cYL~"ld.11.ries of l.:CY i.. 5 1 ~:·i ~)!·· _.,: ·l., C:::(:·~c.,.: n Cc,,rt:!, ~~r:d t1·1t~ l ·.)(:r! t) 0n n r~ ~ ."!. l f~xi ~~.;-] r\· :)i_:~ :. :L~::--'~~J ·.~:~.~-n !·:, Jt., ci0~s ri ot -::,~~ ... port to sho \.J o t!i.-:! T"" i r··:J:ro··.··:·:·,·: nts o :.... r! /·1c.-~o:1 cf: ::,e nts. ... N ~If? /g. 0 0>'..;(IJ~ r) /'.r,<'}n).• '• ];',~ S C:! le : l n :-..: /J":· ' 0 V .......... 1.. ··'·-J._ ... t--L ;• ..... _ ..... ._.~ ... ~-:-\ :~d Sv.I ·,1 g._.:-or f .. nd ?l ~::!.nr,~:r Long I.e ~:e , ~'.fr,nesota THIS ITEM HAS BEEN MICROFILMED == 3 L C /J . /)() ::::;T trn E T f'lLE ,~ '. -. ~/fl /<CX · -----___ _,! _____________________ .----·---· PERMIT RECORD PERMIT NO. ./ ''.-:} • 0 \-' /1 2') 1 .--I) { I J ,J/~ _k 'J _ J u /lf..;{J ·L ·J J._j(t;cl/L.1 W!?':f7t<r ~ .I I C ,-I [ .. r ,-; 1.,. ,, v'. d ; ·"' ORONO PLANNING COMMI SSION MEETING MINUTES FOR JULY 21, 1997 . (#9 -#2259 Mark and Laurie Headrick -Continued) would depend on how close it would be to the road and the setback. He noted that the garage is already closer than allowed, and he would have a problem with lessening the setback. Lindquist said he felt the only solution would be an addition to the rear. Mrs. Headrick said three contractors have informed him that the cost would be prohibitive to construct an addition to the rear. Smith noted that the Commission looks at applications individually and other neighborhood additions are in context with the neighborhood. Headrick asked if this home was not in context. He was informed that it was not in the scope of the neighborhood as far as the side setback is concerned. Mrs. Headrick asked what would be considered. Gaffron asked about an addition straight back behind the garage. Headrick said there would still be an issue of fill but less amount of fill in that location than elsewhere. The worst scenario for fill is to the rear of the kitchen. He said Gaffron's suggestion could be considered. Mrs. Headrick said 3/4ths of the addition of the garage would require pilings if located behind the current garage . Lindquist said he would consider a small variance to the side setback but not a 5' setback. He explained that the Commission can table the application or make a motion. Hawn asked if the garage could be built on the other side of the house. Mrs. Headrick said the same problem would occur and it would have to be accessed through the living room. The Headricks asked the Commission to vote on the application . Lindquist moved, Smith seconded, to deny Application #2259. Vote: Ayes 6, Nays 0. (#10) #2260 BENJAMIN MILBRATH 3265 CARMAN ROAD CONDITIONAL USE PERMIT AND VARIAN CE PUBLIC HEARING 8:45-8:52 P.M. The Affidavit of Publication and Certificate of Mailing were noted . The Applicant was present. 16 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 21, 1997 (#10 -#2260 Benjamin Milbrath -Continued) Van Zomeren passed out photographs of the property. The application is a request for CUP and variance to replace a retaining wall, which has been removed, in the 0-75' setback with a keystone type wall. A variance is required to remove a walkway on the north side of the timbers. Grass will replace this area but the retaining wall will encroach into the side yard. Van Zomeren said staff recommends approval. The applicant said his goal is to have less hardcover. Milbrath said the plan would allow the drainage to flow into the front yard instead of the neighboring property and aids in presenting a natural setting. There were no public comments. Hawn noted that the property needs relief as soon as possible. She noted that much of gravel under the deck has swept into the neighboring property and would like to see the gravel removed from the property. Milbrath said the gravel would be left there for now and removed once the walls are in place. He will replace the gravel with wood chips under the deck. Milbrath said the neighbor is pleased with his plan and the improved drainage situation. Schroeder moved, Hawn seconded, to approve Application #2260. Vote: Ayes 6, Nays 0. Van Zomeren said the application will go before the Council at their July 28 meeting. Milbrath noted that he would not be in attendance. (#11) #2261 TONY EIDEN COMPANY 345 LEAF STREET VARIANCE PUBLIC HEARING 8:52-8:54 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren said the application is for a lot area variance for a 1.77 acre property located in the 2 acre minimum LR-lA Zoning District. The applicant is in the process of purchasing the property owned by Tom Meyer. Van Zomeren said Staffis concerned with the lack of a proposed plan but the building pad as outlined should not create any problems. Van Zomeren said she would recommend screening from the Luce Line. 17 l\1INUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JULY 28, 1997 (#8) #2258 GERALD E. \V ALSH, 180 BIG ISLAND -V ARI.AJ.'f CE - RESOLUTION NO. 3935 Mrs. Walsh was present. Gaffron reported that the request is for the lot area variance similar to those granted to other Record Lots per the RS District ordinances which began in 1983. The property on Big Island was reviewed together, grouped by ownership, categorized by size, and · granted a variance for building of Record Lots. The owners of lots that were allowed this variance were required to execute variance documents . This property was vacant at that time and has changed ownership several times. The documents were not signed for the subject property. The applicant would like to guarantee his right to build on the property and formally establish the automatic lot area variance. Gaffron reviewed the .64 acre property, which is 100' wide x 283' deep, a size common to other lots in the area. Gaffron said the applicant would be required to obtain a survey of the property if he desires building permits . Gaffron said the property is located in the 5 acre zoning and would not be eligible for subdivision. Kelley moved, Goetten seconded, to approve Resolution No. 3935. Vote: Ayes 5, Nays 0. (*#9) #2260 BENJAMIN MILBRATH, 3265 CARL'1AN ROAD-CONDITIONAL USE PERMIT -RESOLUTION NO. 3936 Goetten moved, Peterson seconded, to adopt Resolution No. 3936. Vote: Ayes 5, Nays 0. (#10) #2261 TONY EIDEN COMPANY, 345 LEAF STREET-VARIANCE- RESOLUTION NO. 3937 Diane Eiden was present. 7 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Benjamin Milbrath 3265 Carman Rd. Excelsior, MN 55331 APPLICATION NO. 2260 NOTICE OF COUNCIL ACTION Date of Notice: July 29, 1997 COPIES: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 7/28/97 COUNCIL ACTION -MOTION: VOTE: 5 FOR 0 AGAINST To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Variance Approval is limited to the extent shown on approved plan and as noted in the approval resolution . Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than July 28, 1997. Conditional Use Approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire . . 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. ch REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Item Description: #2260 Benjamin Milbrath 3265 Carman Road DATE: July 24, 1997 ITEM NO.: Agenda Section: Zoning Variances and Conditional Use Permit -Resolution Zoning District: Lot Area: Application: LR-1B One Family Lakeshore Residential District (1 acre) 19,985 sq. ft. (.46 acres) The applicant is requesting variances and a conditional use permit to replace a 4' wood retaining wall in the 0-75' lakeshore setback. A variance is also requested to locate a retaining wall in the side yard to replace a timber wall walkway. Planning Commission Action: To approve (6-0): 1. A conditional use permit to replace a retaining wall m the 0-75' lakeshore setback. 2. A variance to allow a retaining wall in a required 10' side yard on the north side of the property as shown in Exhibit C. 3. A variance to allow 673 sq. ft. (9.4%) of hardcover in the 0-75' lakeshore setback where 1,252 sq. ft (17.57%) is existing and none is allowed, and in the 75-250' lakeshore to allow 3,456 sq. ft. (26.87%) where 3,614 sq. ft. (28 .1%) is existing and 3,215 sq. ft. (25%) is allowed. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. lsv CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Benjamin Milbrath 3265 Carman Road Excelsior, MN 55331 ZONING FILE #2260 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 23, 1997 COPIES TO: TYPE OF APPLICATION: Variance/Conditional Use Permit DATE OF MEETING: 7/21/97 VOTE: 6 FOR 0 AGAINST Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council July 28, 1997, meeting starts at 7 :00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch # 22.lt,D ~QU~RE~o::i~Tr:i~at:n Form. # 2· ~ R Qi; 2. Descnbe request m detail. fJ ~ '°t t&/ 3..._ 3 . V Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance , A-603, Government Center, 348-3271). 4. v( Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information. 5 . V Attach legal description to application if not included on required survey . 6 . Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7 . V List of the legal names (include marital status) of all persons with an interest in . / the property . This would include name(s) of applicant(s) if not current owner(s). 8 . V Construction plan , if applicable (see staff for requirements ). 9 . V As an addendum to this application, please attach a separate list of any other persons y ou wish notified of this application. / \, \ C \ , i -\ l_ M AJ'U Co JC! ,..,,,_ C. v\...;-~.:, A s ) YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUM:ENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents , plans, etc. to be submitted .) The A pplicant and Property Owner must sign this application. Please remember that y our 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 Administrator, 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 correcyO-t~ best of his/her knowledge . Applicant's signature r~ h!l.dt:f2tc) Date C I ( E:'., {Cz ·-:::;-- 0\-VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and funher 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. Owner's signature ~ l~.<;iiJ Date G / ( B (CZ ·y-- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting . Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable co attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 'I,._. , ;;.._ L \,.. \... L \... '- \.... '- C l - (_ (. -. ---. JI RUN DATE 06/17/97 BATCH 502 PROP ADDR OHN ER NAME TAXPAYER NAME/ADDR PROP ADDR OHN ER NAME TAXPA Yf R NA ME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHN ER NAME TAXPAYER NAM E/ADDR PROP ADDR OHNER NAME TA XPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 14 0007 02695 KELLY AVE ,S & H KAPLAN GARY BIRNBAUM 2695 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 14 0010 03245 CARMAN RD J B NELSON TRUSTEE vAN, ~ NfL SON TR UST f f 1065 FERNDALE RD H WAYZATA MN 55391 38 20-117-23 14 0013 03285 CARMAN RD LR MOLSATHER & L D SALLEE LR MOLSATHER & L D SALLEE 3 285 C.ARMAN RD . EXCELSIOR MN 55331 38 20-117-23 14 0016 00038 . ADDRE.SS UNASSIGNED VILLAGE OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 38 21-117-23 23 0041 02699 KELLY AVE D & L UPHOFF DARYL L & LUCY S UPHOFF 2699 KELLY AVE EXCELSIOR MN 55331 ' TOTAL BATCH 502 00015 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST 38 20-117-23 14 0008 02695 KELLY AVE G BIR NBAUM & BS BIRNBAUM GARY BIR NBAUM . 2695 KELLY AVE EXCELSIOR MN _55331 38 20-117-23 14 0011 03265 CARMAN RD B D & KA MILBRATH BENJAMIN &.KAREN MILBRATH 3265 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0014 0~295 . CARMAN RD T P LOHE & RA LOHE THOMAS P LOHE 3295 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0017 02693 KELLY AVE MARILYN H MCCLASKEY MARILYN H MCCLASKEY 2693 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0048 00038 ADDRESS UNASSIGNED ENVIRONMENTAL PLANNING INC ENVIRONMENTAL PLANNING INC 4530 IDS CENTER MPLS MN 55402 REPORT NO. PI435401 38 20-117~23 14 0009 03225 CARMAN RD D C & V A HOUCK DAVID C HOUCK 3225 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0012 03275 CARMAN RD SORAMAE G HALLADAY SORAMAE G HALLADAY 3275 CARMAN ROAD EXCELSIOR MN 55331 38 20-117-23 14 0015 03300 CARMAN RD JOANE NIELSEN JOANE NIELSEN 3300 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0025 02655 KELLY AVE PAGE 3 J H EUGSTER & CM EUGSTER JACK EUGSTER/CAROL M EUGSTER 2655 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0049 00038 ADDRESS UNASSIGNED D & L UPHOFF DARYL L & LUCY S UPHOFF 2699 KELLY AVE EXCELSIOR MN 55331 ~ ..:i . ..) .) .) List of Legal Names of all persons with a interest in: LOT 5, Block 1 Carman Cove LEGAL NAME Benjamin Donlyn Milbrath Karen Ann Milbrath MARITAL STATUS Married Married ··.. ...~ . ''"- ;, ,\. CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DAT A PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: I . 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 infonnation 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. \S,:.~ Y',,,.,., . " U = \yv1 VV\ ; \ ~ (2:,_-\.\,,__ First Middle Last ]2-lS LArvY'Ar"\. Yo~ Address [')(cc.-\ sl c) r City Signature \!YI n State 5S1'3\ Zip Telephone (612) 473-7357 • FAX 473-0510 8 Phone CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 21, 1997, beginning at 7:00 p.m., on the matter of reviewing the following land use applications: 1. #2187 Donald and Robin Helgager, owners of the property located at 3265 Sixth Avenue North, request lakeshore setback, average lakeshore setback, side setback and street setback variances for additions to their existing residence. 2. #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new residence. 3. #2254 Curtis and Barbara Palmer, owners of the property located at 2710 Casco Point Road , request a variance to add a dormer to an existing non-conforming garage. 4. #2255 Rick Rice, owner of the property located at 2700 Kelly Avenue , requests side and rear setback variances to add a deck to an existing residence. 5. #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline. 6. #2257 Dennis A. Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located between 4655 and 4725 Tonkaview Lane. 7. #2258 Gerald A. Walsh, owner of the property located at 180 Big Island, requests reinstatement of a lot area variance. 8. #2259 Mark and Laurie Headrick, owners of the property located at 1850 Fox Ridge Road, request a side setback variance to convert the existing garage to a family room and to add a new garage. 9. #2260 Benjamin Milbrath, owner of the property located at 3265 Carman Road, requests a conditional use permit to grade the land within the 0-75' setback and replace a retaining wall. 10. #2261 Tony Eiden Company, owner of the property located at 345 Leaf Street, requests a lot area variance to remove an existing residence and construct a new residence. 1 ·' CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612) 473-7357 Fax 473. 0510 The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, July 21 1997, beginning at 7 :00 p.m., on the matter cit reviewing the following _land use applications :' . ~ .-'i 1. #2187 Donald and Robin Helgager, owners of the property located at 3265 Sixth Avenue _ North, request lak.eshore setback, average lakeshore setback, side setback and street setback variances for additions to their exi~ting residence. 2. #2253 David Reinhold, owner of the property located at 3551 Livingston Avenue, requests lot area and lot width variances to remove an existing residence and construct a new reside.nee . · 3. #2254 Curtis and Barbara Palmer, owners of the property located at 2710 Casco Point Road, request a variance· to add . a dormer to an existing _non-conforming garage. 4 . #2255 Rick Rice, owner of the property l_ocated at 2700 Kelly Avenue, requests side and rear setback variances to add a deck to an existing residence. 5 . #2256 James and Mary Rivers, owners of the property located at 1442 Shoreline Drive, request a variance to increase structure in the 0-75' setback from the lakeshore to change the roofline . 6. #2257 Dennis A. Meyer, owner of the property located at 4655 Tonkaview Lane, requests lot area and lot width variances to construct a new residence on a parcel of land located _ between 4655 and 4725 Tonkaview Lane. 7 .. #2258 Gerald A. Walsh, ownerof the pr~perty located at 180 Big Island, requests reinstatement of a lot area variance. ,:· 8 . · · #2259 Mark and Laurie Headrick, owners of the property .located at 1850 Fox , R19ge Road, request a side setback variance to ,convert the existing garage to a family ro?.m and to add a new garage. . 1'. :9 . #2260 Benjami~ Milbr~th, owner of the property located at 3265 Carman Road requests a conditional use permit to grade the_ la~d w1th1n the 0-75' setback and replace a ~etain1ng wall. I . •·· _ · 10. #2261 Tony Eiden Company, owner of the property -located at 345 Leaf Street requests a lot area · variance to remove a~ exi~ting residence and construct a new residence. : _11. #2262 Ned Butterfield, owner of the pr9perty located at 3745 Watertown Road reciuests a conditional use permit to alter land by grading ·or filling with more than 101 cubic yards of soil. 12. #2264 Janet. C. Kiern~n. owner of the property located at 1491 Shoreline Drive requests Side setback, lake setback, average lakeshore setback, and hardcover · variances to col]struct a new residerice to replace the existing residence. 13. #2265 Robert Lund, on behalf of Graydon K. and Michelle M. Newman, owners of the proprety located at 1655 Sohns Point · Road, requests an average lakeshore setback to remove an existing residence to construct a new residence. 14 . #2266 Ronald and Robin .Hohrman owners of the property located at 190 Cygnet Place, request side and rear setback variances to add one stall to an existing garage and a screened porch to an existing residence . Affidavit of Publication 15. #2267 John O'Sullivan, on behalf of Adam Smith Company, owner of the property located at 2380 Shadywood Road, requests a commercial site plan review for approval of a proposed driveway located at 2380 Shadywood Road for Culver's Restaurant located at 3340 Shoreline Drive to access the existing parking lot. · 16. #2268 Robert T. Callan, owner of the property located at 2995 Deer Run Trail requests a side yard variance to construct ~ ._new residence on a vacant lot. 17. #2270 Marcia and Kenneth Hickey, owners of the property _ located at 4640 Tonkaview Lane, request variances and a conditional use permit to build a garage. 18 . #2271-Chad Nilsson, owner of the property located at 3210 Navarre Lane, requests a rear yard variance to add a stall to an existing one car garage. 19. #2272 Wyatt Moe, owner of the property located at 1230 Spruce Place, requests a hardcover variance and lot line rearrangement. 20. #2273 Morgan Nelson, owner of the property located at 3145 Jamestown Road ·requests an average lakeshore setback variance to construct a gazebo. All persons wishing to be heard are encouraged to attend this meeting . Written comments are solicited .. Plans are available in the City Offices for review, by appointment. For an appointment call 473-7357 . City of Orono . By: Planning Commission · Elizabeth Van Zomeren ·Planner/Zoning Administratqr , that he is i publisher R, Mound, the facts ith all the ions as a Minnesota applicable icatioos nns of said shed once ~s: . 19-91-, (Published in The Laker and Pioneer July hed every 5, 1997) the ___ day of _______ 19 __ ; ~dAgent Subscribed and sworn to me on this 5 By: -~1~I-JJ~J .... y.__ ____ I 19 s.:7--. NOTARY PUBLIC • MINNE SOTA MY COMMISSION EXPIRES JANUARY 31. 2000 . ·o (1) Lowest classified rate paid by commercial users for comparable space: $12.20 per inch. (2) Maximum rate allowed by law for above matter: $12.20 . (3) Rate actually charged for above mailer: $7 .00 per inch. Each additional successive week : $5 .05 . CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Gemar, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2260, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of July, 1997. Jamie ~