HomeMy WebLinkAboutProject PacketCITY OF ORONO - VARIANCE APPLICATION ,
Initial Application Fee $150.00 -
($50.00 per each additional varia
Renewal Variance Fee $75.00
(no change from original application)
After -the -Fact Fees (Double application fee)
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PROPERTY LOCATION
Site Address 11
Property Idertification Number (P.I.D.) !,(' -
Please check one - Property abstract or torrens?
r �(
Attach legal description to application if not included on
required survey. _
------------------ ---------------------•-------------------------
APPLICANT Phone ( home) t l ( 1 `3tl
Name t)UNA �( Y' 1� l` � i • ' Lv Phone (work) W � l'i
Address: { 1y i City: y` '_T LCr. .fe, Zips r!`�• Ci
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a Mt (if different than applicant) Phone (home)
Name Phone (work)
Address: ity: Zip:
Date Property Acquired l�_t� �'` - ^' 1 (month/year )
I (do) (4o not)'also own the adjacent parcels of land.
---------------=-------------- ---------------------------------- -----------
r'! U82 OF PROPERTY
Present Zoning District
Present Use of Property •� Residential
Other (specify)
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DllACtIrTION of RNQUEST Estimated Construction Cost
Describe request in detail:
--�•-----------------------------------------------------------------r'
MWIRM
Lot Area - Lot Nidth
Setback Variances ( i Front
Other
Hardcover
'' fide Hear)
HARDSHIP
rescribe undue hardship or practical difficulty resulting from stricti
enforcement of zoning regulations:
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DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe unusual property conditions preventing compliance with Zoning
Cotttle Requirements: r. �� �� F{
REQUIRED S08MITTALB 1111
1. Completed Application Form
2. Certified Property Owners List of owners within 150' (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
3. Stamp -A, legal sized envelopes (i10) pre -addressed to each of the
names on the above list with no return address (use address labels
obtained with property owners list).
4. Certificate of survey including hardcover calculations as required.
5. Topographic survey (existing and proposed elevations) if any changes
in existing grade are proposed.
6. Plat Map (obtained with property owners list).
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.
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The Applicant and Property Ownei must sign this application. Please
remember that your variance application is not complete if the above
information has not been included.
Certification by Zoning Department that Variance Application is complete.
Zoning Official's Signature Date
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or
requested by the Zoning Administrator, agrees to pay all fees and/or
unusual expenses incurred in review of this application, and certifies that
the information supplied is true and correct to the best of his/her
knowledge. '
Applicant's Signature(2. i �� ` �, `�� Date _
OMNIM S I GAATURIE
The owner hereby ackowled-jes and acirees to this app' ication and further
authorises 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 IL Data i_``
---------------------- jr----------------------------------------------------
Applicant must have all submittals into the City offices 25 days before the
Planning C'o�amission Meeting. Planning Commission Meetings are held can the
third Monday of each mointH. Appl Icents must be present at a 1 1 schedu 1 ed
review meetings of the Planning rrommission ana Council. If an aF licant is
ratable to attend a scheduled meeting, please make arrangements o have an
authorised agent attend in your plare and to advise the Building 6, zoning
Office of this change prier 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. 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 otter local, state
or federal agencies to the extent necessary to process
the permit or license.
q. If your requested permit or license regiLes council
action to approve, some information may become public.
5. You have certaan 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 applicucion or permit.
Qao
is Idr—
to of birtFJ3oe—snot apply to buildinc.'gerieral permits)
n _ 11�:
I u erstand my ti as stated above.
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RUN DATE 07/21/88
• BATCH 004
38 10-117-23 11 0002
• PROP ADDR
OWNER NAME BURLINUTON NORTHERN RY
TAXPAYER DAKOTA RAIL INC
NAME/ADDR WASHINGTON AVE A ADAMS ST
• HUTCHIIISON MN 55350
• 38 10-117-23 24 0004
-ROP ADDR 01105 BROWN RD S
O AER NAME ABIE J CIIRISTENSON ETAL
TAXPAYER ABIE J CHR;STENSON
• NAME/ADDR 1105 S BROWN RD
WAYZATA t44 SS391
• 38 10-117-23 24 0007
PROP AOOR 01155 BROWN RD S
OWNER NAME L J SYMONIAK ETAL
• TAXPAYER L J SYMONIAK ETAL
NAfiF,/ADDR 1155 BROWN RD S
CRYSTAL BAY MN 55323
38 10-117-23 24 0033
PROP ADDR 01130 WILLOW DR !:
• OWNER NAME S A 0 MCWILLIAMS
TAXPAYER SHIRLLY A DORCAS MCWILLTAMS
NAME/ADDR 1130 WILLOW D1' S
CRYSTAL BAY MN 55323
•
•
•
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HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 10-117-23 13 0001
01000 BROWN RD 5
JAMES A ABBOTT
JAMES A ABBOTT
1000 SO BROWN RD
WAYZATA MN 55391
38 10-117-23 24 0005
01115 BROWN RD S
S T JAMES A L M JAMES
STEVEN T A LINhE M JAMES
Ills BRO671 RD S
WAYZATA MI 55391
38 10-117-23 24 0008
01140 WILLOW OR S
D B LIESCH A C M LIESCH
DAVID B A CARLA M LIE5CH
1140 WILLOW OR S
WAYZATA MN 55391
TOTAL BATCH 004 00010
REPORT NO. PI435401
PAGE 12
38 10-117-23 24 0003
01085 BROWN RD S
R A P LUKANEN qw
RAVOLPH T LUKANEN
1085 SOUTH BROWN WO
WAYZATA MN 55391
38 10-117-23 24 0006
ENM
01135 BROWN RD S
0 A N SLEW
DUANE A A NANCY SLEW
1135 BROWN ROAD 9
WAYZATA MN 55391
38 10-117-23 24 0032
+,
01120 WILLOW OR S
S A 0 MCWILLIAMS
SHIRLEY A DORCAS MCWILLIAMS
fE
1130 WILLOW Dr S
CRYSTAL BAY MN 55323
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ..000RATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HEMAJEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION. TO THE BEST
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Affidavit of Publication
State of Minnesota County of Hennepin
Bill Holm. being duly sworn, on oath says that he is
,in authorized agent and employee of the publisher
of the newspaper known as THE LAKER. Mound. Min-
nesota. ind has full knowledge of the facts which are
stated below
A I 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
1
B I The printed I Q.h) 1
-^1\1 C Ole�\V+tr�
which is attached was cut from the columns of said
newspaper. and was printed and published once each
week `or successive weeks
It was first published Monday.
the day of f �u • 19
and was thcrc::'; printed and published every
Monday. to and including Monday.
F/j ilia day of 19
Authorized Agent
Subscribed and sworn to me on this
day of l 19 .
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note laftmWoon
11 lowest ura•tfveJ rate pars by cor"novr rii tAera Icre eoatpara
h+P %O+ec • j l 84 Pat trx. h
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CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1317, was mailed to the attached list
of property owners .
In Witness Whereof, I have hereunto set my hand and seal
this 2nd day of August, 1988.
i
i
Ja Bosma
1
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers
at 1275 South Brown Road on Monday, August 15, 1988, on the matter of
reviewing the following land use applications:
1. #1309 Gerald Nelson, of 1629 Bohn's Point Road, seeks a conditional
use permit to install a retention pond within his lakeshore yard.
2. #1310 Howard Eisinger, of 3245 Wayzata Boulevard, has filed for the
renewal of a conditional use permit that would allow the filling of
100,000 cubic yards of clean fill within his property.
3. #1311 John & Susan Purdy, of 1975 Fagerness Point Road, seek a rear
setback variance and a hardcover variance within the 75-250' setback
area for a proposea addition to tre existing_ residence.
4. #1312 William Lauer, of 3165 North Shore Drive, seeks a hardcover
variance within the 75-250' setback ar?a for a proposed addition to
the existing residence.
`>. #1313 Richard Eller, of 2655 Shadywood Road, seeks a hardcover
variance within the 0-75' setback area for a screened porch addition
to the existing residence.
6. #1314 Gerald Roulette, of 3775 Bayside Road, seeks a rear/street
setback variance for a proposed green house addition to the existing
residence.
7. #1315 Countryside Manor Homeowner's Association seeks setback and
height variances for corner monuments located within the intersection
of Willow Drive and Countryside Drive.
8. #1316 Gary Barr, of 3034 Casco Point Roar: seeks a separation setback
variance and a hardcover variance within the /5-250' setback area for
a proposed accessory structure.
9. #1317 Duane & Nancy Glew, of 1135 South Brown Road, seek a side and
street setback variance for a proposed detached garage.
10. #1318 Suad H. Azahari, of 1745 Fox Street, seeks a height and street
setback variance for a gate structure within the front/street yard of
the property.
11. #1319 Karen Fuller, of 4055 Elm Street, has filed for a renewal of a
lot area variance in order to build a new residence on the property.
12. #1320 Dr. & Mrs. Robert Brandenburg, of 719 Minnetonka Highlands Lane,
seek a hardcover variance within the 75-250' setback area for a new
deck and three-seascn screened porch addition to the existing
residence.
Al) persons wishing to be hear,] will appear at this time. The meeting
starts at 7:00 P.M. Written comments are sol :cited. Plans are available
for review in the City offices, by appointrnent.
City of Orono
By: Planning Commission
JeanM A.
To be published the week of
Mabusth, Budding i Non nq
Al;qugt 1, 1988.
ministrator
1 tititS ELATION 2901- M3
Part VI
DETAILED REGULATIONS
Chapter 29
EXCAVATIONS, FOUNDATIONS AND RETAINING WALLS
Scope
Sec. 2901. Thi%chapter sets forth requirements tur cxcasatwri and f i I k tot ans
building or structure and for foundations and retaining structures
Reference is made tr► Appendix Chapter 70 for requirements gove►ning cxcava-
tion. grading and earthwork comstructi+on, including fills and embankments.
Quality and Design
Sec. 2902. the quality and design of matertals L d structurally in excavations,
footings and foundations shall conform the requirement% %pecified in Chapters
23, 24. 23. 26 and 27 of this co&r
Excavations and Fills
Sec. 2903. ta) General. Excavation or fills for buildings or structures shall he
so constructed or protected that they do not endanger life or property
Slopes for permanent fills shall be not steeper than 2 horizontal to 1 sertical.
Cut slopes for permanent excavations shall be not steeper than 2 horizontal to I
vertical unless substantiating data justifying steeper cut slopes arc submitted
Deviation from the foregoing limitations for cut slopes shall be permitted only
upon the presentation of a soil in%e%tigation report acceptable to the building
official .
No fill or other surcharge loads shall be placed adjacent to In% building of
structure unless such building or structure is cap.*)Ie of v►ithstanding the addi-
tional loads caused by the fill or surcharge
Existing footings or foundations which may be atfc:_ted by any ex.a%ation shall
be underpinned adequately or otherwise pro>lected against settlement and %hall he
protected against lateral movement
Fills to be used to support the foundations of any building or structure %hail he
placed in accordance with accepted engineering practice A soil in.estigattcm
rc port and a re"i of satisfactory placement of fill. tx►th acceptable to the
building of fit.wl. %hail he submitted
tbl Prntectlw of Ad olnfoilll Property. The re"bearertts for prriie<<ion of
adjacent property AnJ depth to which protecticm is enquired shall he as defined by
prevailing law Where not defined by Inw . the following shall apply Any persom
nicking m a ausing an excavation to he made w a depth of 12 foes or lest below the
gra.k shall pro ("t the excavation so that the sail of a )oining property will rut
case in (.it -,role, but shall not he liable for the expense of underpinning or
exicriding the fiundation of buildings on adjoining prrl+ertws where his excava-
t►iat is rw+t in txcess of 12 feet in depth Bcfrrie co►mmciwing the rxk avatic►n. the
gIC
is
1.--- •.%44 UNIFORM BUILDING CODE
person making or causing the excavation to tk made shall notify in venting the
i►w rwr% of adjoining building+ not Icss than lti da} s before such excavation is tt► he
n► ide that the excavation is to he made aml that the adjoining buildings should he
prilimied.
The owner of the adjoining properiirs .hall he given acre« to the excavation
ft►t the purpose of protecting such adjoining huildings.
Any person making or causing an ex:.isinon to he mace cxceeding 12 It-vt in
depth below the grade shall protect the excavation so that the adjoining roil %%ill
not cave in ill settle and shall extend the foundation of any adjoining huiidings
below the depth of 12 Mci below grade at his own expense. fhe owner ►►t the
adjoining buildings shall extend the foundation of these buildings to a depth of 1
feet below grade at U , own expense. as provided in the preceding paragraldi
Soil Classification --Expansive Sail
Ste. 1904. (a) Soil ( lassificatiow (,enerel. I or the purposes of this cl apter.
the def initton and claw ication of soil n iatenals f or use i n1able No. 29.8 shall tk•
according to U. B.C. Standard No. 29-1.
(b) Expead" Sell. When the expansive charactenstict► of a soil arc to be
determined. die procedure,- -.hall be in accordance %% ith U.B.C. Standard No _y.
2 and dw foil shall be classified according to Table No. 29-C. Foundations for
suwtums testing on soils wit', an expeasion index greater than 20. as determined
by U.B.C. Standard No 29-2. shall require special design cdnsideratiort. In the
event the soil expansion index varies i%ith depth, the weighted index shall he
determined according to lahle No 29-1)
Foundation Investigation
Sec. 2905. (a) (itneral. The classification of the smI at each budding site shalt
he dletermincd H hen rcdfuired by the building of ficiai The building official may
rcyuire that this determination he made by an ergineer or atchitect licensed hs the
state to Prat. ticc as such
chi Investigation. the classification .till tk based on observations and ant
,V, tests of the n►aterials diw1ost:d h% txrtings or excasations made in
Apl►topriae lix:ati►►ris. ->ddoional studies eras be necessary to evakwe mill
strength. the effect of nioisture t ariatton tin soil hearing t opacity. cr.mpressibihty
,uul cxpanoveness,
i c) Re►pr►rts. The foil clawuf ication and design beanng capacity sham x t►how n
on the plans, unless the found mon cdmfd rma to Table No. N-A the building
,►t tics I inas require suhrnission t►f a wntteii rt CPU" of the ir►vesl$$atkm -ahwh shall
im link, but need not he 'imttcd t,►, the follimin# informati(m
I A plot shu%ing the !,►cation of all test twrings and�or excavalkwu
2. Deacnptitms and rlassif icaiions of the materials encountered.
3. Wkvatttm of 'he AtAer table, if entountewd.
i, Recommcntfations for four>Klation tv pc and design criteria in:luding brat
ing rapacity. pruvislo"s to ininimim the effects of expam-%e •"ils and the
cffecis of a4liwent ItWs
t_.xpcctcd total anti t.Wi crential xittrn►ant
522
TO: Mayor Grabek and Council
Planning Commission Chairman Kelley
Planning Commission Members
City Administrator Bernhardson
FROM: Jeanne Mabusth, Building 6 Zoning Administrator
DATZ: August 12, 1988
SOBJ: #1317 Duane & Nancy Glew - 1135 Brown Foad South
Variances - Public Hearing
Zoning District. - R-IB - Requires 2 acres of dry, contiguous land
Total Area - 11,000 sq. ft.; Property is sewered
Pertinent Sections of Code
A. Section 10.03, subd. 15(F) - side setback for detached garPge
Required - 10'
Proposed - 5'
Variance - 5' or 50%
B. Section 10.03, subd. 9(d) - location of accessory structure
in relation to principal structure within front yards - street side of
garage is 34' in front of the front line cif the principal structure.
Accessory structures shall not be located in front of the front lane of the
principal residence.
C. Section 10.[N, subd. 5(b) - street- setback
Required - 50'
.'ropose-d 16' from platted Country right-of-way
Proposed - 56' from travelled Road
Variance 34' or 68$ from edge of riqht-of-way
List of RXbibtta -
A. App11cation
P. Property OwnF rs I i st
('. Plat Map
D. UBC "2903b"
E. Spec Sheets for Prk poi ed Garage
P. Preliminary Survey
G. Revised Survey
ftw#4 r of Awl i ost ion -
As of the writing of this portion of the mom*, Staff is not in receipt
of a revised survey (review Xxhibit. p). Nate that the travelled roadway of
the County Road has not been shown, or has +h* location of the matured
trees within the front yard, the driveway nor the turn• around/parking area.
The applicants have been advised that. Staff would not be able to recommend
approval unless a turn around continued to be provided on the site. Staff
met with both applicant and the Hennepin County JOT Representative to
determine the feasibility of maintaining a turn around given the location
of the proposed gar -aye., Kr. Eetterstroher confirmed that he sees no problem
with the Glew's request as long as there is no further encroachment into
the County right-of-way. As soon as Staff is in receipt of the revised
Zoning File #1317
August 12, 1988
Page 2 of 3
survey, a copy will be sent to Mr 'et �rstrohm. Zetterst.rohm will respond
in writing ccnfirming the approv,,l of zhe continued use of the turn around
within the County ri7ht-of-way.
Staff has attempted to sketch various existing improvements on the
preliminary survey. The applicant has staked the location of the garage
within the street Yard. Upon a site inspection, members will be able to
confirm that the existing turn around will still function for the new
garage. A cut in the bank will have to be made at the southeast corner of
the garage to allow entrance to the Axisting turn arund area. Mature tree
branches must also be trimmed back.
Existing retaining walls along the sides of the driveway will have to
be replaced with new retaining walls to support the cuts into the steeper
banks. these cuts will not exceed a depth of 5' to 6', but we will sill
ask that the owner notify the affected property owner 10 days prior to any
excavation work. The garage will be raised slightly to direct drainage
towards the county drainage ditct. along tis roadway. Drainage to the rear
of the garage will continue to be maintained by the catch basin drainage
tile adjacent to the principal structure. Based on the spec sheet, the
garage will be no higher than 11' 3". The garage is designed as a two -car
garage with additional storage area to the rear. The structure consists of
480 sq. ft. and per the desiv_-, of the rafters, there will be no upper
storage that could be credited as floor Brea.
The applicant notes the shape of the lot and the location of the house
on the property as hardships. In addition, the Glews note that they wish
to maintain the current driveway as it is 'n the safest location. This was
confirmed by the County represer_ative. In addition, they wish to save as
many mature trees as possible, this is why they have not considered
attaching the garage. The plan will also allow them to preserve as much of
the limited rear yard area as possible. In addition, the Staff would add
severe variations in elevations within the -nt yard.
Staff Recce endation
To approve the setback variances application of Duane and Nancy Glew
for the construction of a detached garage within the street. yard of the
property located at 1135 South grown Road, based upon the following
findings and hardships:
1. The unusual pie -shaped lot and the limited area of ;roximately
11,000 sq. ft.
2. Location of the house can the Erie -shaped lot
3. Location of the nature trees within the side and front yard of the
property.
4. Need to preserve the existing curt:) cut to the severly limited
prope`-'ty.
Zoning File #1317
August 12, 19^8
Page 3 of 3
5. Variations in elevation within tre front yard.
6. The detached structure will have no negative impact. on the
property most affected by the placement of the garage. Because of the
topography and the fact that the house is located 60' to 70' from the lot
line, this approval is subject to the following conditions:
a. Upon application for a building permit, the applicant must
provide design information on retaining wall and a grading and drainage
plan.
b. The west side wall of the garage must nave no openings and
must be constructed as a fire resistant wall.
C. The applicant must notify the neighbor to the west prior to
the excavation of the west bank for the purpose of vie -wing the proposed
retaining wall construction.
d. Prior to the issuance of a building permit by the City of
Orono, the C-*ty must be in receipt of a letter from the Hennepin County
Department of Transportation approving the continued use of the turn around
within the County right-of-way and the existing fence being allowed to
remain.
Zoning File #1317
Additional Corents & Planning Commission Reco�endation -
August 17, 1988
Page 4 of 4
The Planning Commission voted unanimously to approve the variance
application of Duane and Nancy Glew and adopted the staff recommendation of
approval. The enclosed resolution has been drafted per the approval
recommendation.
CITY of ORONO
'oat Office Box 660('rystaI Bay, Minnra)ta 553V e Municipal Offices
On the North Shore of Lake Minnetonka
August 15, 1988
Dave Zeterstrom
Hennepin County Department of Transl,ortati.on
320 Washington Avenue
Hopkins, MN 55343
Re: Application #1317 Duane & Nancy Glew, 1135 Brown Road South
- Variance
Dear Dave:
',s I promised at our site inspection of the property
referenced above, I have enclosed a copy of at, amended survey
that reflects the existing improvements within the Glew street
yard in relation to the County right-of-way. Staff would
atpreciate your written c-)mments concerning the continued use of
this turn -around to cc.mp 1 ete the formal review of the variance
application.
Please contact my office if you require additional
information.
Sinmrely,
0 V,
J nne A. Mabusth,
Buildinr Zoning Administrator
JAM/t1n
Enclosure
WILDOG•ZOMMIG-473,77,1J 41 AIIMIhISTRAT"ofFINA44-1 4747iSR ! PUKX%am M71"
MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 15, 1988
ZONING FILE #1316 CONTINUED
Kelley inquired as to the number of czars currently being
store in the garage that were owned by Mr. Barr's brother-in-law.
Mr. Gables replied that the brother-in-law did not park in the
garage.
There were no comments from the public regarding this matter
and the public hearing was closed,
It was moved by Kelley, seconded by Johnson, to recommend
denial of application #1316. Cohen stated that he concurred with
Kelley's recommendation for denial. Mr. Barr was not even listed
as a resident of Minnesota on the property list. The list showed
that Mr. Barr owned three lots and his address was shown as being
in Florida. Motion, Aves=6, Nays=0, Motion passed.
#1317 DUANE AND NANCY GLEW
1135 BROWN ROAD SOUTH
VARIANCES
PUBLIC HEARING 9:10 P.M. - 9:15 P.M.
The Affidavit of Publication and Certificate of Mailing were
noted.
The applicants were present for this matter.
Zoning Administrator Mabusth explained that the Glews were
seeking a side setback and a street setback variance for
construction of a 2-car detached garage. The proposed structure
protrudes 34' in front of the principal structure. Mabusth stated
that the County Inspector advised staff that they would approve
the use of the turn around as long as there is no additional
encroachment into the road right-of-way. The turn -around would
work if a cut is made in the bank at the southeast corner of the
garage. The majority of the trees would bs, untouched. The Glews
are to notify the adjacent property ov ne to the sou':h ten days
prior to excavation. Drainage will not be chinged since the
garage will be raised approximately '. 1/2' higher to direct
drainage toward the county drainage ditch along the roadway. The
existing drainage to the rear of the ga.-age will be taken care of
by an existing catch basin. The harpships would be the severe
limitations of the site and the vnv�,ual pie -shape of the lot.
Cohen stated that he would have no problem. approving this
matter but he wanted to see the plans for the proposer garage.
Mabusth explained that the Commission members were each iven a
specification sheet which states the type of construct-1, and
the maximum height. Tne garage is being constructed by Goi o and
they do not provide elevations.
There were no comments from the public regarding this, tter
and the public hearing wt:s closed.
It was moved by Bellows, seconded by Moos, to recommend
16
,1
MINUTES OF THE PLANNING COMMISSION MEETING HELD AUGUST 15, 1988
ZONING FILE i1317 CONTINUED
approval of application 41317, per staff recommendations,
findings and conditions. Motion, Ayes=6, Nays=O, Motion passed.
#1318 SUAD H. AZAHARI
1745 FOE STREET
VARIANCE
PUBLIC HEARING
The Affidavit of Publication and Certificatt of Mailing were
noted.
The applicants were not present for this matter.
It was moved by Kelley, seconded by Johnson, to table 11318
until the next Planning Commission me,�tirq so that applicant can
be present.
t1319 KAREN PULLER
4055 ELM STREET
RENEMAL VARIANCE
PUBLIC HEARING
The Affidavit of Publication and Certificate of Mailing were
noted.
The applicants were not present for this matter.
It was moved by Kelley, seconded by Johnson, to table #1319
until the next Planning Commission meeting so that applicant can
be present.
f1320 DR. AND MRS. ROBERT BRANDENBURG
719 MINNETONKA HIGHLANDS, LANE
VARIAHCR
PUBLIC HEARING 9:17 P.M. TO 9:22 P.M.
The Affidavit of Publication and Cc.-*i_fic:ate of Mailing were
noted.
The applicants were present for this matter.
Gaffron explained that the applicants were seeking approval
of hardcover variances to reconstruct a screen E,orch and existir.q
deck on the lakeside of their home. The existing deck was
constructed approximately 10 years ago with untreated wood and i�
in poor condition. They would like to replace the structures in
the same location but with a different configuration. There
would be a revision to the exilsting walkway. The replacbment
structures will encroach no further into the view line and will
be invisible from the neighboring property to the northwest.
There it virtually no increase in hardcover in the 75-250' zone.
There were no comments from the public regardinq this matter
and the public hearing was closed.
DEPARTMENT OF TRANSPORTATION
320 Washington Av, South
Hopkins, Minnesota 55343-8468
HENNEPIN
LFU935-3381 _
t
August 18, 1"8
Jeanne Mebusth
City of Orono
Box 66
Crystal Bay, Minnesota 55323
Re: Glew Site, CSAH 146
Jeanne:
As we discussed, Hennepin County can accept the existing turn around located
within the County State Aid Highway (CSAH) 146 right-of-way as shown on the
survey dated August 10, 1988. Expanding the turnaround on -site should also aid
circulation, safety, and parking.
However, the County cannot be responsible for any maintenance, disturbance due
to utility installation, or any other activity or problem involving this
turnaround. Also, the existing drainage pattern must be retained.
Thanks for inquiring on this matter and please call if further questions arise.
Sincerely,
"Ae--
David K. Zetterstrom
Entrance Permit Ccordinator
OKZ:pl
cc: Duane Glew
HENNEPIN COUNTY
orl rqu<a oC:6x'n`+nity ?tr1[)i .,y4+
■ 27,._e ' J
C-It,y of ORONO
RESOLUTION OF THE CITY COUNCIL TRANSIM? ENTERED
OEPT OF PRCP'N+Y im n PU8t1CREC0"
NO
Gv 4
A RESOLUTION GRANTING /
VARIANCES TO NENKPKN t6UNTY M114N
MUNICIPAL ZONING CODE �7 DEPUTY
SECTION 10.03, SUBDIVISION 15 (F),
SECTION 10.03, SUBDIVISION 9 (D) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1317
WHEREAS, Duane & Nancy Glew (hereinafter "the applicants") are
the owners of the 1roperty located at 1135 Brown Rcad South within the City
of Orono (hereinafter "City") and legally descr-bed as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the
construction of a detached garage within the street yard of their property
located 5' from the side lot line instead of 10' requiring a 5' or 50% side
setback variance, a variance to Municipal Zoning Code Section 10.28,
Subdivision 5 (B) to permit the location of the detached garage 16' from
the Flatted County right-of-way instead of the required 50' requiring a 34'
or 68% setback variance, and a variance to Section 10.03, Subdivision 9 (D)
as the detached garage would be located 'A in front of the front line of
the principal structure instead of bE :laced within line of the
principal structure or behind the front li. or the principal structure.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Toning File A1317.
2. The property is located in the RR-1B Single Family Rur31
Residential Zoning District equiring 2 acres of dry contiguous land.
The property is sewerea and consists of approximately 11,000 s.f.
3. The Orono Planning Commission reviewed this application on August
15, 1988 and recommended approval of the pr.oEosed variances based upon
the following findings:
A) The unusual Fie shaped lot and the I invited area of
` aVEroximately 11,000 s.f.
B) Location of the house on the � ie shaped lest.
Paqe 71 of 4
City of ORONO
PESOLUTION OF THE CITY COUNCIL
NO, 2488
C) Location of the mature trees within the side and front yards
of the property.
D) Need to preserve the existing curb cut to this severely
limited property.
E) variations in ele-ation within front yard.
F) The detached structure wi l 1 have no negative impact on the
property most affected by the placement of the garage because of
the topography and the fact that the house is located 60 to 70'
from the lot line.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants and the effect of the proposed
variances on the health, safe*y and welfare of the community.
5. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variances would
not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring property; would not merely serve
as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicants; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
CONCLUSIONS, oRDRR AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.03, Subdivision 15 (F) that would permit the construction of a detached
garage located 5' from the side property line instead of 10' requiring a 5'
or 501 variance, a variance to Section 10.28, Subdivision 5 (B) granting a
street setback variance for the detached garage located 16' from the
platted County right-of-way instead of the required 50' requiring approval
of a 34' or 68% variance, and finally per Section 10.03, Subdivision 9 (D)
approves the location of the accessory structure 34' in front of the front
line of the principal structure instead of being placed at or behind the
front line of the principal structure, subject to the following conditions:
1. Upon application of a building permit, the applicants must provide
design information on ret.aininq wall and a qradinq and drainaqe plan.
2. The west side wall of the garage must have no oiler i nqs a.n.d must he
constructed as a fire resistant wall.
Page 2 of 4
City of ORO O
RESOLUTION OF THE CITY COUNCIL
NO. �4rt
3. The applicants must notify the neighbor to the west prior to the
excavation of the west bank for the purpose of viewing the proposed
retaining wall construction.
4. Prior to '-he issuance of a bu' lding permit by the City of Orono,
the City must be in receipt of a letter from the Hennepin County
Department of Transportation approving the continued use of the turn-
around within the County r.:ght-of-way and existing fence being allowed
to remain.
5. ThP applicant shall not place any plantings within the County
right-of-way and special care shall be given to plantings within the
street yard that may create view or sighting problems along the
roadway. Such plantings should not exceed a height of 3'.
6. Authorities granted with this resolution run with the property not
with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or these variances will expire on that date (August
22, 1989).
7. 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.
8. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of thimselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
1989
r-.�,.rrrrrr�
Property
3
ad by the G-ono Ci.t} Council on this 22nd day of August,
City Clerk Jame R. GrabeR, Mayor
Jx J---
r s)
Poi 3 of 4
City of ORONO
STATE. OF MINNESOTA
} Ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
On this day — day of '� ' �.ylbk r , 198L
before me q Notary Public within and for said county, personally
appeared J�a(1ru -s- kALYI�0_,,4 j� . .�J�,w , `i
known to me to be the persorf(s) descri E: in and who executed the
fo.egoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
L NM•
M►WSOT k
COUNTY
MM1�1A Urpbp �-8-vp r
STATE OF MINNESOTA )
)Ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this day of , 198_, before me
a Notary Puhlic within and for said County, personally appeared
known to me to be the
persor(s) described in and who executed the foregoing knstrumelt,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY P[JBIaIC
MY COMMISSION EXPT'RES
Page 4 of 4
Resolution No. 2488
Exhibit A
That part of Government Lot 6, Section 10, Township tt:, North Range 23, West of the
5th Prieneipal Meridian described as follows: Commencing t a point on the East line of
said Lot 6 distant 725.02 feet South from the Northeast corner thereof; thence West at
Right angles to said East L:ne a distance of 258,72 feet Rory or less, to an tnterse=Lion
xith a line drawn parallel with and distant. 216.69 feet Northeasterly from the center line
of County Highway No. 87; thence Southeasterly along said parallel line to the center line
of County Highway tio.146; thence Northeasterly a^d northerly alona the center line
said County Highway No. 146 to the Point Of 3e-jinnirg ExceGt: A,I tlit ;art rr G�%ern-ent
Lot 6, Section 10, Township 117. Range 23, descr►bed as fc-I lows: Cormenc►ng at a point On
the East tine of said Lot 6 distant 725.02 feet South of the Northeast corner viereof; thence
west At right angles to said East line, a distance of 258.72 feet, more or less. to an
intersection with a line drawn parallel with and d►stant 216.69 feet Northeasterly from the
center line of County Road N.. 87; then�r southeasterly al:?ng said parallel Itne a ,_1►st�nce
Qf 47.55 feet; thence deflecting left an ongle of 39 degrees and 45 minutes. a d►stan'
234.? feet, more or less, to the center line of County Road No. 146; tr+ence Northerl, Al
last said center line to the Point of Beginning, according to the U.S. Gorernr,ent Scrv•_,
thereof, Hennepin County, M►nnesota.
RESOLUTION 02488
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin. City Clerk of the Citv cf 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 zuch resolution in the Minutes of the
proceedings of srid City Council at a meeting of said City Council held
on August. , 1968 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness whereof, I have hereunto set my hand and seal this
;4th , day of _ September 9 19 88
I
,
by M. Rfllin, city CleCr-kL,
Doc $10.W
L. 3 &A -
ev. - 4. co. am;w
441 - AAe6
MINUTES OF REGULAR ORONO COUNCIL MEETING AUGUST 22, 1988
ZONING FILE 11303-REZABEK CONTINUED
believe that approval of the variance would set a precedent.
It was moved by Councilmember Callahan, seconded by
Councilmember Nettles, to direct the City to draft a Resolution
approving the lakeshore setback variance. Councilmember Goetten
asked that language be added requiring approval for any
replacement of or rapair to the fence. Callahan agreed to add
that stipulation to his motion. Nettles stated that he did not
think it was a good idea to include language that would
discourage the upkeep of property. Zoning Administrator Mabusth
suggested adding language that would encourage natural screening.
It would enlighten any future property owner as to the underlying
principles of the City. Goetten agreed, adding that the natural
environment was an attraction for persons moving to Orono.
Nettles stated that he would like to see the Resolution when
drafted, but he would second the amendments as suggested.
Councilmember Peterson stated that approval of the variance would
be setting a precedent and she would vote no. She would prefer
to see natural screening. Motion, Ayes-3, Peterson Nay. Motion
passed.
f1314 GERALD ROKLETTE
3775 HAYSIDE ROAD
VARI11.l10E
RESOI.UTIOU
Applicants were not present and had previously asked that
this matter be tabled.
It was moved by Mayor Grabek, seconded by Councilmember
Goetten, to table i131.4 Gerald Rowlette. Motion, Ayes-5, Nays-0,
Motion passed.
#1315 COUNTRYSIDE MA!iOR HoNgowNRR'S ASSOCIATION
WILLOW DRIVE AND COUNTRYSIDE DRIVE
VARIA31"
11100LUTION
The applicants were not present for this matter.
It was moved by Mayor Grabek, seconded b} Councilmember
Callahan, to table i1315 Countryside Manor Homeowner's
Association. Motion, Ayes-5, Nays-0, Motion passed.
• 1317 DUMM i NRW- 6LRM
1135 WKWN ROAD SOUTH
VARIAMP
RSSO ION #2488
Applicants were present for this matter.
City AdministraWr berahardson explained that the applicants
were seeking a aid* setback variance and a strer setback
6
MINUTES OF REGULAR ORONO COUNCIL K&ETING AUGUST 22, 1988
ZONING FILE 31317--GLEW CONTINUED
variance to construct a de -ached garage. It was determined that
the present entrance and turnaround on the property were in the
best location possible.
It was moved by Councilmember Callahan, seconded by
Councilmember Goetten, to approve Resolution #2488. Motion,
Ayes-5, Nays=O, Motion passed.
MAYOR'S REPORT:
LAKE MINNETONKA CONSERVATION DISTRICT
SEVERANCE PAY
Mayor Grabek mentioned that he had sent a letter to the area
Mayors regarding the LMCD Benefits, severance pay in particular,
to be paid to Mr. Mixa. He had received a response from the
Mayor of Spring Park, who indicated that he would attend the
upcoming meeting.
CITY ADMINISTRATOR'S REPORT:
1988-1989 ASSESSOR'S CONTRACT
City Administrator Bernhardson explained that this item was
the proposed contract for the Assessor for the remainder of 1988
through July 31, 1989.
It was moved by Councilmember Callahan, seconded by Mayor
Grabek, to approve contracting with Rolf Erickson for the
contracting period from August 1, 1988 to July 31, 1989. Motion,
Ayes-5, Nays-0, Motion passed.
RRPLACZKENT OF COPY MACHINE
City Administrator Bernhardson explained that the
photocopier in the City offices was in dire need of replacement.
It was determined to be more economical to purchase than to
lease. A floor model copier would replace the previous table -top
copier and would be far more efficient. Mayor Grabek questioned
the dollar amount of expenditures tha.. required approval.
Bernhardson replied that any purchase over $5,000.00 required
Council Approval.
Councilmember Peterson asked if the two-sided copying
feature w �,I 1 d allow for a paper reduction in the Council packets.
City Administrator Bernhardson answered affirmatively.
t was moved by Mayor Gra k, seconded by Councilmeber
Ntersvn, to amend the 1988 improvement and Equipment Outlay F'urd
expenditure budget by $10,000.00 and to award the copy machine
purchase to Copy Duplicating Products, Lnc. for the Sa vin 7500 at
the quoted price of $9,997.00, plus a maintenance contract and to
charge back the purchase price to the various City departments on
a use basis over a 60 month oeriod. Notion, Ayes-52 hays-0,
Motion passed.
7
"PLICATION NO. 1317
CITY OF ORONO NOTICE OF COUNCIL ACTION
P.O. Box 66
Crystal Bay, MN 55323 "'3-7357 -Date-of-Notices---R/29/88-
TOs Duane &-Nancy Glew COPIES:
1135 Brown Road South
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
---------------------------------- --------------------------
DATE OF NESTING: 8/22/88 VOTE: 5 For ) Against
COUNCIL ACTION - NOTION:
To approve per the findings and conditions of the resolution
previously mailer. to you.
Please arrange to sign ,he _-rig.nal resolution copies at the City
Offices (Monday through Friday, , ' to 4-.30). All persons with an
interest in the i roperty must sign t'ie nlutions.
Variance Approval is 1imitad `.o the t--_ o� shown on approved -.lan and
as noted in the aFjroval resolutio'l. Changes approved plans are subject
to further review by the City. Variance ap:prow ` expires one year after
date of approva?. Permit apl:l.caticn must be ibmitted no later. than
August 22, 1989.