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Home My WebLink AboutProject Packet-A* CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) �� Renewal Variance Fee $100.00 (no change from original application) After -the -Fact Fees (Double application fee) PROPERTY LOCATION Site Address /O g5_ 5, A a OW &J A c/ ORONO Property Identification Number (P.I.D.) r� c 1 r��tyv�l E Jix JV/ri i •j J/ iLEiP I -- MAN�i .�'651G'001 Attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT Phone ( home ) Name ,T)9M Phone (work) Address: jr�'S S.BRow/✓ gfd• City: ORLI,^la Zip: .'r / ---------------- ------------------------------------------------------------ OWNER (if different than applicant) Phone (home) Name SA/79e- _ Phone (work) _ Address: City: Zip: Date Property Acquired �/9�D (month/year I (do) (Qo notY also own the adjacent parcels of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District ( S- Present Use of Property sidentia3k Other (specify) ------------------------------------- -------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Cvo Describe request in detail: �Z� Z71, /-% f%.t-/1^,Q�/Zhj� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances Front ✓ Side Rear) Other HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zr :ng regulations: .Z e of 4 o T A ...-T Zely, Yoe -,Se Loci4Tec e-",4.7- AJ*i 7-1YW,1;;% ------------------------------------------------ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: fIogse- LocAi►td/1-�'-' F�Qo r- evo fvRz%e A i^'��uc % we^,aPose- r p --------------------------------------------------------------------------- REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin Co,inty Department of Finance A-603 Govt Center 348-3271). 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required. 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. 6. Sketches or plans of floor and elevation views. 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (11" X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Clerical Department that Variance Application is complete. Initialed by Clerical Staff: Date --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provi(!e all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of *his application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature - �T�c✓rCLs'jt7� _ Date #R- -9e OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. • Owner's Signature r'i1.0l7 .Date ------------------------------------------------------------------------- - A.. '.;cant must have all submittals into the City offices 25 days before the �n ng Commission Meeting. Planning Commission Meetings are held on the ' Monday of each month. Applicants must be present at all scheduled t_..ew meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorize-] agent attend in your place and to advise the Puildina i Zoning Office of this c!�ange pr or to the meeting. DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "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 inform- ation. You are notified that: 1. .he infora-,iation you furnis;: will ':.e used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refus,:l may require that the City deny the permit or license. 3. The information may be shared with otl-.or local, state ajp� or federal agencies to the extent necessary to process the permit or license. 4 If your requested permit or license reoiies council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full name, and date of birth are required to process .� this applicztion or permit. `y i JAroe S SIC WRA7 First Middle Last Address ., 1 eF -, ' l" .fate of birth (does not apply to building/general permits) 3- / - Phone I understand my riahts as stated above. X A `L� Zl1 r`LJ ignature 513.D4 RIGHTS OF SUBJECTS OF DATA Subdivision L Type of data. The rights of individuals on whom the data is t stored or to be stored shall be as set forth in this section. L 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 --onsequence arising from his supplying or refusing to supply private or confidentiaJ 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 olace the notice required under this subdivLsion in the inctwoual income tax or Drooerty tax refund instructions instead o on those forms. Subd.3. AecrsS 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 hs 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, shell 6e informed of the content and meaning of that data. After an individual has been shown the private data and infcrmed 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 provi IF- 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 malting, 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 Saturdsys, Sundeys and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he she.L so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sunda« and Iegal holidays. Subd. 4. Procedure when data is not aecurate or complete. An individual may contest the accuracy cr completeness of public or private data concerning himself. Tp exercise this 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. 'lie determination of the responsible a:ahority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. CITY OF ORONO . NOTICE The Hold Pu• "self"" conxnlasion blic ellSoutb the�C11 =tears of 1275 1"0 1a the Own fu don oo" Of rollsfy ,�hr� 1.. "V Larw u"al"Pkcca� s Cannon Of 855 Forest ~� latle. "aka approval of en after-th-•fact "w "J" pw" for a 2 foot h9h seawall is p" �' � cf+arxfM that mtasects 2 No 15" James S Buranen of t o85 South 8r0M71 Roadseeks a 14e setback var, ants for a grape a0dhain to the s+isting residence - M 3 No 1587�py and Bra SrfOrd of 96 fact vproval of an after the. ---coafMnce to the required "pratron set. abWfq bea twee p�rp�� Cmstted dk IM ec A No 15" us West New Vector nWZ.' sseka 4WOvel Of a COndlttional ufla Group 10 construct a single 1!0' N►f-si+poorted antarina and a 12' a sp pe. fobncoted equip -lent ono at aft Waysats Boulevard. a mined by Vineyard of it* Lake S No 15" Marcus and Judy Blue of 2100 Cryetel Avenue eeek a $we s-lback ,rune- dent- sa I�,dr� aAn r0n to try en,nnq re4. and hoot and side sliest set back vsdi gore rot an adclitwn to an existing o-tacned ga,� w6 NO 15masc 90 Mnego Inc ee-ks ap. conditional us- permit rot try tom, pD1ry Operation of a portable liquor natural gas v000riler st an undevsbped pOpsrty located at 525 Old Crystal Bay m- Road Nortn AN pMw,sMng to be neard M11 appear Of this t Wntten comments are sooc,teo plans are avaiabis or rev.ew ,n the cqd offices by appomirrtenf city Of Orono By Planning Commission Jeanne A "abu5tf, Budding t Zonlrg A(j1m,mstrator 'Pubbshod n rho Laker and p-O""t Soot 3 logo) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm. being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper kno:vn as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. B.) The printed :L which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: It was first published Monday the day ofc.p-r and was thereafter printed and published every Monday, to and including Monday, the day of 19_; i. Authorized Agent /� .... rTA A STRAUS v au9LtC 'A COUNTY Ito Subscribed and sworn to me on this day of 3,;�� 19 0 Notary Public Rate Information 11) Lowert classified rate pail by commemal users for compara- bie space 10 Be per tech (2) Ma,umum rate Mioweil by 6 w for above matter $9 60 per nch i3l "ate JCt"it, ctla:7ed for above matter $5 20 per Inch F1ch acfdttlonal succcswvc weer. S3 36 per Inca CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) 1, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1586, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 7th day of September, 1990. Jamie B ma CITY OF ORONO - NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, September 17, 1990 for the purpose of reviewing the following land use applications: 1. 01585 C. Arnold Carlson, of 855 Forest Arms Lane, seeks approval of an after -the -fact conditional use permit for a 2 foot high seawall adjacent to a navigable channel that intersects his property. 2. 11586 James S. Buranen, of 1085 South Brown Road, seeks a side setback variance for a garage addition to the existing residence. 3. #1587 Ruby and Bill Siford, of 96 Hackberry Hill, seek approval of an after -the -fact variance to the required separation setback between a newly constructed deck and a detached garage. 4. 01588 US West New Vector Group Inc., seeks approval of a conditional use permit to construct a single 150' self -supported antenna and a 12' x 30' pre -fabricated equipment building at 850 Wayzata Boulevard, a property owned by Vineyard of the Lake Church. 5. #1589 Marcus and Judy Blue, of 2160 Crystal Avenue, seek a side setback variance for a proposed rear addition to the existing residence structure and front and side street setback variances for an addition to an existing detached garage. 6. #1590 Minnegasco, Inc. seeks approval of a conditional use permit for the temporary operation of a portable liquid natural gas vaporizer at an undeveloped property located at 525 Old Crystal Bay Road North. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Commissi Jeanne Mabusth, Building i Zoning Administrator To be published the week of September 3, 1990. To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson lrm: Jeanne A. Mabusth, Building & Zoning Administrator Date: September 12, 1990 Subject: #1586 James S. Buranen, 1085 Brown Road South - After -the -fact Variance - Public Hearing Pertinent Ordinance - Section 10.28, Subdivision 5 (B) - Side yard setback variance for addition to principal residence. Required = 30' A) Existing = 11' from occupied Proposed = 10'9" Variance = 19'3" or line as previously staked and 66% B) Existing = 616" from line based on northeast corner of Govt Lot 6 according to judicial land marker at center of section Proposed = 614" Variance = 23'4" or 76.6% C) Existing = 219" line based on northeast corner of Govt Lot 6 using true center of section Proposed = 2'7" Variance = 2715" or 90% List of Exhibits Exhibit A - Application Exhibit B - Property Owners Exhibit C - Plut Map Exhibit D - Letter from Most Exhibit E - Plan Exhibit. F - Elevation Exhibit G - Survey Review of Application - List Affected Neighbor The applicant commenced the construction of an approximate 12' addition to the rear of the existing attached garage without the benefit of a building permit review. The inspector discovered the applicant's builder in the process of installing footings to the rear of the structure and advised of the need for a building permit. A 1 1 work on the structure ceased. The applicant was advised of the need for a survey before the City could review a building permit application. In light of the findings of the survey, the applicant was advised of the nee! to file an after -the -fact variance application for a side setbac•... 3 Zoning File #1586 September 12, 1990 Page 2 of 2 The current owner of the property has a limousine service in another City and drives the limousine home. The addition to the garage is to allow applicant to park the limousine within the garage stricture rather than having it parked within the front street yard. Please review Exhibit D, the owner of the most impacted property has submitted a letter approving the proposed variance. Of the three after -the -fact applications, Mr. Buranen appears to be the only one who recognized the need to file a penalty fee. Staff is not aware if the applicant wishes to appeal the penalty fee. In any case, such an appeal would have to be presented by the applicant. As for which of the setback lines should be used to determine the specific setback variance to be granted, staff will seek direction from the City Attorney's office prior to your meeting. Options of Action - 1. Denial. Please refer to the necessary findings in Section 10.08, Subdivision 3 (A)1-12; or 2. Approval. Please refer to the same necessary findings. Such approval should he subject to the following conditions: A) Based on the substandard setback of the north wall of the attached garage, a fire wall shall be installed along the north side of the existing garage and proposed addition. B) Applicant to obtain a penalty bui ldinq permit for proposed construction. Zoning File #1586 Page 3 Additional Consents and Planning Co=ission Recommendation - October 3, 1990 The Planning Commission has asked that the Public works Director review the safety aspects of the access to the County Road as property has no turn -around capable of providing a back - out area for limousines stored on property. John Gerhardson will be asked to review the site and report to the Council at your meeting if he sees any special concerns. Applicant has already responded to these concerns by trimming back all of the shrubbery within the right-of-way upon visiting the site. Staff noted no concern in the process of backing out onto the County Road as far as sighting distance for 30 MPH. Council should be reminded that the reason for the expansion of the garage is to provide adequate area to store the two limousines owned by applicant. The business is not operated from his home, but from an office in the City of Plymouth. The Planning Commission recommended unanimous approval of the after -the -fact setback variance application for James S. Buranen for a property located at 1085 Brown Road South. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. f\ • RUN DATE 08/24/90 • BATCH 006 38 10-117-23 13 0001 • PROP ADOR O3000 BROWN RD S OWNNER NAME JAMES A ABBOTT TAXPAYER JAMES A ABBOTT NAME/ADDR 3111 BELAIR OR • LAS VEGAS NV 89109 • 38 10-117-23 24 0003 PROP ADDR 01085 BROWN RD S OWNER NAME J S SMANEN JR A F E SCHAUL TAXPAYER JAMES S WMANEN JR . NAME/ADOR FRANK E SCHAUL 1085 BROWN RD S WAYZATA MN 55391 • 38 10-117-23 24 0006 PROP ADDR 01135 BROWN RD S OKIER NAME D A N GLEN • TAXPAYER DUANE A A NANCY GLEN NAME/ADDR 1135 BZOWN ROAD S WAY70TA MN 55391 • 38 10-117-23 24 0033 PROP ADDR 01130 WILLOW DR S • OWNER NAME S A 0 MCWILLIAMS TAXPAYER SHIgLEY A DORCAS MCWILLIAMS NAME/ADDR 1130 WILLOW DR S CRYSTAL BAY MN 55323 • qb HENNEPIN CGUFM PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 36 10-117-23 21 0007 00038 ADDRESS UNASSIGNED E S BORMAN A J E CORWIN JULIUS HENDEL BURT H CORWIN 400 1ST AVE N MPLS MN SS401 38 10-117-23 24 0004 01105 BROWN RD S ABIE J CHRISTENSON ETAL ABIE J CHRISTENSON 1105 S BROWN RD WAYZATA MN SS391 38 10-117-23 24 0011 O1110 WILLOW DR S C A SUESS A J J KEMNA JAMES KEMNA/CANOEE ANN SUESS 1110 WILLOW OR S WAYZATA MN 55391 TOTAL BATCH 006 00010 REPORT NO. P1435401 PAGE 14 38 10-117-23 24 0002 01045 BROWN NO S ARLENE L JANSEN STEVEN D VAN OE VEIRE 1045 S BROWN RD WAYZATA MN SS391 y � I �4r 38 10-117-23 24 DODS 01115 BROWN RD S S T JAMES A L M JAMES► r STEVEN T A LYNNE M JAMES PO BOX 82 y LONG LAKE MN 55356 38 10-117-23 24 0032 ' 01120 WILLOW OR S S A D MCWILLIAMS SHIRLEY A DORCAS MCNIH TAM 1130 WILLOW OR S g--+ CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENMEPIN COUNTY DEPAR NT OF PROP! TY TAXATION. TO THE BEST OF MY KHSONLEDGE AM) BELIEF p DATE J'4BY c L� 0 M I have no objection to James Buranen adding 10 feet to the rear of his garage. Z� (el~'x��'' -------- ---------^ f� � - �4°�\ -- --° ------- - --- -- ev -' -- ----------- �-�r - t2Ss''� i Legal Description f Certificate of Survey for James S. Buranen Jr. in Gov't. Lot 6, Section 10-117-23 Henne,in County, Minnesota 71 ,V d 7'/Z 'Y3 "!✓ 4/. a e ti 4 4 /.O 1 e C e L % ti �e 1 k � W a 7Ys That part of government Lot 6. Section '+,. Township 117 North, Range 23 West of the 5th Principal Meridian, described as be- ginning at a point on the East line of said Government Lot 6 distant 7.78 chains(513.48 feet) South of the Northeast corner of said Government Lot 6; thence West 312.00 feet; thence South 111.54 feet; thence East 312.00 feet; thence North 111.54 feet to the point of beginning. Date : 8-9-90 Scale: 1" = 30' • : Iron marker found Bearings shown are to an assumed datum. This sur a propcs describe neces f diffe of Gcver improver I hereby under my ered Ian esota. COFFIN E m 3 r K Engineer lnnq Lak Certificate of Survey for James S. Buranen Jr. Gov't. Lot 6, Section 10-117-23 Hennepin County, Minnesota N87'/2 "Y3 "Al North, is be- _ot 6 corner :e South ;4 feet al Ale.—f1v jfo 4r/ / orru�.r/ /r�r far/ ow ,VE psr of Go✓ i 4 r [ ierN w) l�,T[.h r/ r/r it ferl.i. /ier A.rJes! or ti+F rap e! GeV S! car[ rliw. eroe re. !ram .! ter e. a. h O Q e N O N � c V W o V • e C o � t o v I- v) v) 1 This survey shows tt:e 1 or:: r an e-x I st i ng house and a proposed addition in r, i .:? "lie boundaries of the described property, a,. Ir,:,r�,,Iy staked by others. It may necessary to jud:cially �,ctcrrine the boundaries because f differ,-rices regardini- the 1cr,r.tion of the northeast cor- of Government Lot 6. It c. n-�t purport to show any other improvements or encrnactirt>n-_ I hereby certify that this surv-v waS prepared by me or under my direct supervision ant 'hat I am a duly regist- ered land surveyor .,nder the law. of the State of Minn- esota. COFFIN & GRONBERG, INC. mark ron erg Min. >r-ic. NO. 7'S5 Engineers, Land Surveyors, Planners Long Lake, Minnesota ORONO PLANNING CONNISSION MEETING SEPTENBER 17, 1990 ZONING FILE i1585-CARLSON CONTINUED that unless something was done to stop it, we would not be able to access the dock. We constructed the wall in the 1988." Bellows said, "There is an obvious need for the wall." Hanson concurred with Bellows. It was moved by Bellows, seconded by Cohen, to recommend approval of the after -the -fact Conditional Use Permit for a wooden seawall, with the condition that the appropriate fines for the after -the -fact nature of this application are paid. Hanson noted that there is minimal aesthetic impact of the lakeshore from this structure. Bellows added that the structure is serving a purpose. Motion, Ayes-6, Nays-0. Motion carried. #1586 JANES S. BURANEN 1085 BROWN ROAD SOUTH AFTER -THE -FACT VARIANCE PUBLIC HEARING 7:09 P.N. TO 7:13 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Buranen was present. Mabusth summarized the pertinent facts relating to this application. She asked Mr. Buranen how long he has resided in Orono. Mr. Buranen replied, "I have lived here two months." Mabusth stated that Mr. Buranen ceased work immediately after being notified of the need for a permit. She said, "The applicant applied for a building :ermit and provided us with a survey of the property. During the review of the application, staff determines that a variance is required. There are several lot lines depicted on the survey. By the time a formal resolution is drafted, the City Attorney will have provided direction as to which line is relative in this case." Bellows stated that she is concerned about the safety aspect of Mr. Buranen backing the limousines out of the driveway. She said, "There appears to be no turn around space. I believe that if we approve a location to house these vehicles, we should also require that a turn -around be provided." Mr. Buranen said. "I have removed a considerable amount of brush from the area at the end of the driveway to improve visibil .ty. " Bellows asked, "How do you feel about a requirement to provide a turn -around?" - 4 - ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 ZONING FILE #1586-BURANEN CONTINUED Mr. Buranen replied, "I don't feel it is necessary. If I need to back out during a busy time of day, I back up into the yard and position the car so I can pull straight ahead. In the evening hours I have never had any problems." There were no public comments regarding this application and the Public Hearing was closed. Cohen stated that as long as the applicant has indicated that he has no problem, he sees no need for a turn -around. He said, "It appears that Mr. Buranen recognizes the potential problems and has gone so far as to remove the brush from the end of the driveway." Hanson concurred with Cohen. He said, "Mr. Buranen has the expertise to handle this type of vehicle. I don't believe a turn- around is needed." Bellows asked Mabusth whether City staff has reviewed the safety aspect of this. Mabusth replie_4, "No." Bellows suggested that the Public Works Director be asked to look at the site prior to Council's review of this application. It was moved by Cohen, seconded by Bellows, to recommend approval of after -the -fact side yard setback Variance for an addition to a principal structure, subject to staff recommendations and the inspection of the driveway by City staff to determine the safety status of this condition. Motion, Ayes-6, Nays-0. Motion carried. #1587 RUBY L. SIFORD 96 HACRBERRY HILL AFTER -THE -FACT VARIANCE PUBLIC HEARING 7:17 P.M. TO 7:25 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mrs. Siford and her son, Bill Siford, were present. Mabusth suggested that Mrs. Siford be given an opportunity to explain how this si=uation arose. Bill Siford said, "We were under the impression that our contractor had applied for the permits. We later learned that was not the case. The contractor claimed that the City inspector had stopped by and told him the deck had to be five feet from the garage. That is how he constructed the deck. I talked with the Building Inspector today. He stated that he did not tell our - 5 - CITY OF ORONO ZONING PILE #1566 P. O. Box 66 Crystal Bay, MN 5S323 NOPTrR OF PLANNING COMMISSION ACTION 473-7357 Date of Notice: 09/25/90 --------------------------------------------------------------------------- TO: James S. Buranen COPIES TO: 1085 South Brown Road Orono, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: After -the -Fact Variance --------------------------------------------------------------------------- DATE OF MEETING: 09/17/90 VOTE: 7 For 0 Against Planning Coinsission recoasenda the following: Approval subject to conditions noted in the staff resolution sent to you prior to the meeting. In addition, the Planning Commission added that the Public Works Director was to be asked to review the safety of the access in light of the size and length of the vehicles to back out on to roadway. Applicant's next scheduled meeting is confirmed as City Council. on October 8, 1990; meeting starts at 7:00 p.m. Prior to that meeting you will receive a cosy of the approval resolution to be presented for Council's formal action. If you have any questions pertaining to the conditions of that approval, please contact my office prior to the meeting. lsv ORONO REGULAR cCQ:ICI'+ MEETING 3;.0 OL"TOBER 8. 1990 ZONING PILE 01579 - GARRY EVERSON CONTINUED so I would be i^c:_.^.ed to give t::e^i conceptual' approval on the application as varied by the cnanges they proposed." Callahan thinks it should be sent back to the Planning Commission as they have more time to develop the views on this and to consider the neighbors. Goetten asked if the Planning Commission initially denied this request and it had been. Acting Mayor Callahan indicated that the matter of the removal of plastic and the method of offsetting hardcover is of concern. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to send the application back to the Planning Commission for further reconsideration as a new proposal. Motion, Ayes-3, Nays-1. Councilmember Goetten voted Nay. Motion passed. #1585 C. ARNOLD CARLSON 855 FOREST ARMS LANE AFTER-TSE-TACT CONDITIONAL USE PERMIT RESOLUTION #2882 Kr. and Mrs. C. Arnold Carlson were _ resent. City Administrator Bernhardson explained this application for an after -the -fact conditional use cermit for a wooden seawall constructed in 1988. The Planning Commission has recommended approval. Goetten stated that this seems like a fairly straightforward application. It was moved by Acting Mayor Callahan, seconded by Councilmember Peterson, to adopt Resolution #2882, approving the after -the -fact conditional use permit for a wooden seawall constructed in 1988. Motion, Ayes-4, :Nays-0, Notion passed. #1586 JAMRB BURAMEN 1085 BROW ROAD SOUTH FACT v71RI11H(:s RASOLUTIOM #2883 James Buranen and Lori Reineking were present. City Administrator Bernhardson provided the Council with a brief summary of this application. This was for construction of an addition to the garage. The variance needed is for a side yard setback. John Gerhardson, Public Works Director, advises that a turnaround would be appropriate. The Planning Commission has recommended unanimous approval. In addition, Mr. Buranen is requesting that he not have to pay the double fee on the building permit as he has already paid a penalty fee for the 15 ORONO REGULAR COUNCIL NZETING HELD OCTOBER 8, 1990 ZONING FILE i1586 - JAI BURL N CONTINUED variance ($350.00). The work on the garage was stopped as soon as he was notified. Mr. Buranen asked why there is provision for a firewall on the north side when all there is on that side are horses. Mabusth replied that the building code requires that when you are in a substandard setback from a lot line, a firewall is requied as there could be a structure within 10' at some future time. Therefore, it makes no difference what is on the adjacent lot. Peterson clarified that the Public Works Director advised that there should be a turnaround even though the Planning Commission did not recommend this. Mabusth agreed but stated that a member of the Planning Commission did ask for the review of the Public Works Director and a recommendation tr Council. Callahan asked if stretch limos were longer than average vehicles. He also verified that they turn around by backing out onto Brown Road. He asked where a turnaround would be placed on 'he lot. Gerhardson replied it would have to be on the front yard, somewhere between the house and the road. Peterson noted that this is a 30 m.p.h. zone and on a curve. Bernhardson stated that the turnaround could be as little as a backup apron and Gerhardson agreed. Callahan reviewed the suggestion that in connection with granting this variance that Mr. Buranen be required to build a backup apron. Mr. Buranen replied, "I don't feel that is necessary. I've backed up onto the road and never had a problem or caused a problem. It is a 30 m.p.h. zone with a corner coming up to it. I've driven an 18-wheeler for 7 years over the road and I know how to back up." Callahan stated that the Engineer believes this is an unsafe thing to continue to do. Gerhardson added that it would be consistent with just about every other property to the south as they also have backarounds. r',llahan noted that Mr. McCourtney was forced to have one so that I would not be backing out onto Ferndale Road. Ms. Reinekinq asked for clarification of the surfacing and 16 ORONO RRGULAR COUNCIL MEETING Mon OCTOBER 8, 1990 ZONING FILE #1586 - JAMES BURA MEN CONTINUED placement of the turnaround. Gerhardson stated that it would not have to be cement, that a gravel surface is acceptable. Mabusth added that it would also need to be maintained .n the winter. Gerhardson also added that it would need to be an all-weather surface, not just grass. Ms. Reineking asked, "Would we be required to make the turnaround even if we don't want the building permit?" Callahan responded that the general feeling of the Council and Engineer is that backing the limousines out onto South Brown Road is not a safe way of exiting. Many times hardcover variances have been granted just so that the person will have a space to turnaround safely. It was moved by Councilmember Nettles, seconded by Councilmember Goetten, to adopt Resolution 02883, granting the after -the -fact variance, waiving the double fee on the building permit, but also requiring a turnaround to be approved by staff of sufficient size and all-weather surface to accomodate limousines. Motion, Ayes-4, Nays-0, Motion passed. #1587 RUBY SIFORD 96 RACKS=RY BILL AFTXR-T=-FACT VARIANCE RESOLUTION #2884 Mrs. Ruby Siford was present for the review of this application. City Administrator Bernhardson reviewed this request for an after -the -fact variance regarding a separation between a principal structure and accessory structure for a deck. City Inspectors had noted that there was siding work being done without a permit and put a stop work order on the project. while they were out there, discussion regarding a deck took place. The contractor went ahead and built the deck without a permit after being told to step within 51. Although the building code only requires a separation, the zoning code requires a 10' separation. Given the fact that the contractor did not come in for a building permit, there was no zoning review. The property owner was not apprised of all of this by the contractor. The Planning Commission recommended approval of the 5' setback. Mabusth noted that Mrs. Siford has not paid the penalty fee yet and she is asking for special consideration of the Council. Mrs. Siford stated that she and her son had discussed putting a firewall in the garage and would put one in the shed. Mabusth stated that there is a shed that has not been noted on the survey that is not 10' from the axisting garage. The Planning Commission has asked in their considerations that the 17 APPLICATIONI NO. 1586 CITY OF ORONO P.O. Box 66 NOlICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 10/15/90 --------------------------------------------------------------------------- TO: James S. Buranen COPIES: 1085 Brown Rd S Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: After -the -fact Variance --------------------------------------------------------------------------- DATE OF MEETING: 10/8/90 VOTE: 4 For 0 Against --------------------------------------------------------------------------- COUNCIL ACTION - NOTION: The original approval resolution has been amended to include Council's waiving of the penalty permit fee with the building permit application. Please contact John Gerhardson, Public Works Director, as to the placement and type of turnaround to be provided on the site. Such turnaround should be maintained during the winter months to provide turnaround capabilities throughout the year. 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. POPHAM, HAIK, SCHNOBRICH 6 KAUFMAN, LTD. 33CO PIPER :AFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 -E.EP.+ONE 6.2. 333-4000 -ELECOP-EP 612 33+ 2713 INCLUDING THE FORMER LAW FIRM OF HALPERN 6 CRUCK DENVER, COLORADO 60202 MIAMI, FLORIDA 33131 SUITE 2400 SUITE +SOU .ROO SEVENTEENT- STREET ONE :.ENTRUST r1,4^NCIAL CENTE- TELEPHONE 303-803-1800 TELEPm ONE 309-SIO OOSO TELECOP-EA 303-093 2194 'ELECOWEIW 305 530 -OOSS DIRECT DIAL NUMBER (612) 334-2707 December 11, 1990 Mr. Mike Gaff ron CITY OF ORONO P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Update on Filing of Resolutions Dear Mike: WASHINGTON, D. C. 200349 S, TE 500 EAST 300 STREC', N.M. TELEPHONE 202-062-0700 'C_ECOWER 202 sea-alse The following resolutions have been sent for filing with the Hennepin County Recorders office: #2879/Minnegasco 02894/Luke #2893/Kaley #2883/Buranen #2852/Regni er #2884/Siford Special Lot Combination Ay reement/Phi 11: ps Resolution No. 2895/rlphoff is being returned because it is a variance on torrens property and therefore unacceptable by the Registrar of Titles for filing. Resolution No. 2865/Prays is on both abstract and torrens property. The torrens Certificate No. is 477289 and was picked up, I assume by the owner, on 9/21/76. T will forward the resolution for Filing on the abstract property but will need the Certificate in order to also file the resolution under torrens. Please either arrange for the Certificate to be delivered to me at Popham, Haik or notify me if it is not to be filed on the torrens property. Mr. Mike Gaff ron December 11, 1990 Pag e 2 Thank you for your assistance. Please call me if you have any questions or concerns. Sirjcerely, Carolyn A.` Sommers Legal cZ%Stary to Nancy Husnik, Legal Assistant Enclosure 125ZNEH 5'731000 City of OR ONO CITY RESOLUTION OF THE CITY COUNCIL NO. 2883 ••• NO A RESOLUTION GRANTING AN AFTER -THE -PACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1586 WHEREAS, James S. Buranen (hereinafter "the applicant") is the owner of the property located at 1085 Brown Road South within the City of Orono (hereinafter "City") and legally described as follows: That part of Government Lot 6, Section 10, Township 117N, Range 23W of the 5th principal meridian, described as beginning at a point on the East line of said Government Lot 6 distant 7.78 chains (513.48') South of the Northeast corner of said Government Lot 6; thence West 312 feet; thence South 111.54 feet; thence East 312 feet; thence North 111.54 feet to the point of beginning, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an addition to the existing garage located 6'6" where the addition will be 6'4" instead of the required 30' setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #I1586. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 17, 1990, and recommended approval of the after -the -fact variance based upon the following findings: A) The proposed addition will encroach no closer into the substandard setback area than 2". TRANSM ENTERED B) The fee owner of the property located at 1045 South DE►!aMo�R,�TAxaa!g�,Rf �po5 Brown Road has submitted a written statement noting that he has no objection to the proposed addition to the garage. )EC 11 200 Page 1 of 4 11 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 4. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keepinq with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after -the -fact variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an addition to the existing garage that will be located 6'4" from the north side lot line instead of the required 301, subject to the following conditions: 1. Based on the substandard setback of the north wall of the attached garage, a fire wall shall be installed along the north side of the existing garage and proposed addition. 2. Applicant shall obtain a building permit for the proposed addition to the existing attached garage. Such permit shall not be subject to penalty fees. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 8, 1991). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of October, 1990. heresy L. aab, Deputy Clerk ropert Owners) , STATE OF MINNESOTA I Edward J. Callahan, Jr., Wc ing Mayor ss. COUNTY OF HENNEPIN ) The foregoing instrument was ac;;nowledged before me on this 8th day of October, 1990 by Edward J. C611ahan, Jr., Theresa L. Naab, Acting Mayor & Deputy Clerk of t►;,! City of Orono, a Minnesota municipal corporation and said inst.•ument was executed on behalf of the City. FF NO' MINNEWA t NNEf-'N COUNTY MY Cpmn i,�an �cpMM �1fM Notary Public Page 3 of 4 ST :SOTA ss. COUNTY OF HENNEPIN City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2883 . On this % `� day of , .199, before me a Notary Pub is within and for said -county, personally appearedr , known to me to be the person'-.'-" erson s) describ d in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. TMEI�q� L. NAA9 �p MINNESOTA / �ME � µOUN¢s9z NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199_, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 199_, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executF the same as his (their) free act and deed. NOTARY PUBLIC Paqe 4 of 4 CITY cI F ORONO STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _28R3 I, Theresa L. Naab, Deputy 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 October 8, 1990, and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. I Witness Whereof, I have hereunto set my hand and seal with 9th, day of October, 1990. (S W4 . 5731000 11DEC9014:42 BMIOW DOC f10.00 , 1 All SLOWS �th • 'll n ltf. MWSOIA CER A AD CA LAX 01 / - /�? ( CITY OF ORONO LAND USE FILING INFORMATION Prepared By: Carolyn Sommers, Secretary to Nancy E. Husnik, Legal Assistant Popham, Haik, Schnobrich & Kaufman, Ltd. December 21, 1990 The following is a recap of the resolutions submitted to this office which have been filed with the Hennepin County Recorder's Office. All resolutions which have been returned to our office are enclosed; the Special Lot Comb;.ration/Phillips was filed on December 14, 1990 and has dp_L at yet been returned to us. RESOLUTION (APPLICANT'S JDATE IDOILWENT 2852 (encl.) Regnier, Dr. and Mrs. T. 12-11-90 5731002(A) 2869 (encl.) Prass, David and Suzanne 12-11-90 5731003(A) 2879 (encl.) Minnegasco, Inc. 12-11-90 5730994(A) 2883 (encl.) Buranen, James S. 12-11-90 5731000(A) 2884 (encl.) Siford, Ruby L. 12-11-90 5731001(A) 2893 (encl.) Kaley, Philip F. 12-11-90 5730996(A) 2894 (encl.) Luke, Duane 12-11-90 5730995(A) 35ZNEH OEc 2 s