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HomeMy WebLinkAboutProject PacketCITY OF ORONO - VARIANCE APPLICATION `',,,, A Initial Application Fee $175.00 �'''''� 1 ($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 7� Site Aoci ress 1� S Art �^ h � :_ 5 G � a � � F r1 5 Property Identification Number (P.I.D. . -, 1V 100 n f r VAi ir�.W Attach legal description to application if not included on �` �,�. 00 required survey. _ �....� APPLICANTPhone(home) A1 7 3 H % % Name_ , �j e �/ Phone (work) Address ------ ---- ire `"---l--------City--C i ---------------- OWNER (if different than applicant) Phone (home) Name Address: Date Property Acquired City: Phone (work) zip: (month/year) I (do) (do not) also own the adjacert parcei4 of land. --------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present zoning District _ Present Use of Property Other (speci' ----------------------------------------------------- DESCRIPTION OF REQUEST Estimated Constructiu.. Residential •------------------- Uost $ C, C& Deccribe request in detail: G,_c?�� �� 1,ousa J�,� �� 6nNo�,� 5Inds VARI REQOIRaD L Lot Area Lot Width Hardcover Setback Variances ( Front Side Rear) Ot her HARDSHIP Describe und%e hardship or practical difficulty resulting from strict enforcement of zoning regulations: L,G7 �7buNe� o ti 3 .5%dt5 by R�•,1 L,T . , J A -r- A a c r t ,.,,, " r\ . -�-T --------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing com fiance with Zoning Code Requirements: L o"T' 5 it i- p h 3 5 %de s19X re REQUIRED SUBMITTALS 1. Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain thi list from Hennepin County Department of Finance A-603 Govt Center 34 ?71). 3. P' 'ap (obtained with property owners list). 4. CertiLicate 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 (110 X 170 OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. --------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance lKlication is not coWlete if the above infossation 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 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 consultant exp-nses incurred in review of this application, and certifies that the information supplied is tr,ie and correct to the best of his/her knowledge. Applicant's Signature Date % e 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 Date 7'" �L6� L Applicant must have all s bmittals 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 to advise the Building t Zoning Office of this change prior to the meeting. 40 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 infcimdtion 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 reaire� 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 application or tcrmit. FPr,hK kale First I Middle Last 1�95' row h �• Se• dyes -ram 5 3 9/ Date of birth(does not apply to building/general permits) �i lBr V 77S Phone I un rstand my rights as stated above. X Vigtu A6 513.04 RIGHTS OF SUBJECTS OF DATA Subdivision L Type of data. The rights of individuals on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This. requirement shall not apply when an individual is asked to supply investigat:... data, pursuant to section 13.5:, subdivision 5, to a lax enfor cemnent officer. The commissioner of revenue may -'ace the notice required under this subdivisior in the incwiaual income tax or orooerty tax re.•und instructions irsteac o on tnose or-..:;. Subd.3. Acetm to data by individuaL Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall Se informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursua .t to this sectic. is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certif}1ng, a.nc4 compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursv-�^+ to this subdivision, or within five days of the date of the request, excluding .'aturdays, Sundays and legal holidays, if immediate compliance is no. possible. If he cannot comply with the request within that time, he sha.2 so inform :ne individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not aecurate or eomplete. An individual may contest the accuracy or completeness of public or private data concerning himself To 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 cata to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be aopealed pursuant to the provisions of the administrative procedure act relating to contested cases. CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I Linda Vee of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1593 Philip Kaley's application was mailed to the certified list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 25th day of September, 1990. L Linda Vee, Secretary CITY OF ORONO - NOTICE The Planning Commission will hold PubAic Hearings in the Council Chambers at 1275 South Brown Road on Monday, October 15, 1990 for the purpose of reviewing the following land use applications: 1. #1584 Robert Radunz, of 1066 Loma Linda Avenue, seeks approval of an after -the -fact hardcover variance for the construction of a deck at the lakeside of the house of the existing residence. 2. 01591 Orville FiFher, owner of the property located at 3300 Fox Street, has applied for a conditional use permit for filling and grading activites in excess of the allowed 100 cube yards. These land alterations are proposed out of the 75' lakeshore protected area. 3. #1592 Smith Bay Marina & Yacht Club, Inc., located at 1955 Shoreline Drive, has applied for renewal of lakeshore, side and street setbacks and hardcover variances to construct a clubhouse. t• 0199.3 Philip Kaley, of 1395 Brown Road South, seeks aproval of front and side setback variances for a proposed addition to the north side of the existing residence. 5. #1594 Duane Luke, of 2465 North Shore Drive, has applied for a hardcover variance within the 75-250' setback area for a proposed 22' x 22' addition to the lakeside of the existing residence. 6. #1595 John and Marla Merideth, of 3685 Watertown Road, have applied for a front setback variance for an addition to the street side of the existing residence. 7. #1596 Daryle L. Uphoff, of 2699 Kelly Avenue, has applied for a hardcover variance within the 75-250' lakeshore setback area for a proposed addition to be instal ed to the east side of the existing residence and for the repair of access stairs with retaining walls at the lakeside of the house also located within the same setback area. 8. 01597 Ralph D. Burgess, Jr., owner of the property located at 2610 West Lafayette Road, seek &Fproval of lakeshore setback and hardcover variances for the installation of a ne- deck that replaced the former. deck. 9. #1598 Irwin Jacobs, of 1700 Shorelir.� Drive, has applied ror d conditional use permit to construct a quest house at his residential property. 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 appointmer-. City of Orono By: Planning Commission ea4he A. Mabusth, ng & Zoning Adffinistrato- To be Published the week of October 1, 1990. CITY of ORONO - NOTICE ,Me Pwtning ceRrweew wit hold PubNc mean n9a in the Councit Clwnpers at 1275 South Brown Road on Mptdey Oetobr 15, leflyd � :OvWWWV the too— tngon 1 No 16M Robert Rad-1 of 1066 LOma Lode kvwvw soaks app o's Of an after the fecl hardow-W varlSrlos for tits conel Mton o' a Tacit M the IskasWS of We hO111W c' the OR ,sting resWer'c! Fut1M. 0—of the 2 No 15861 omit property Ipcafed at 3300 Fox Stromelbwed Me OW plied fora condtlbnal tlse Wolr 100 Qtadm actiWtme n excess Of 1fM cubic yw, s These land a"011"10ne re wo posed out of the 1b tea' Oft W & va�e+k Cko WOS 3 No 1 01 1955 Shsreeda orfve. heS ao l^c • ►�� ude slid sirNl peed for lellawal 01 teMestlora. s to constnic! se"M" and herdpoyef. aneltce a clii��� KOW or 1395 &own �+ of rAA > . •••tu soak Of from one $ide t eNpack Variances for a proposed add*— to 1M north aide of the O-WWQ resKNnce 5 No IW Wane Luke. of 24e5 North for a hrdcOvW vrr I Shoe DM". he, applied shoe iwAttin the 75 250' Mtback rN fp aforo- posed 22 x 22 addttfon to the :akas'de o e OR'St'ng res'l-nce 6 No 1595 John and Marta Mp'deth o' 3W6 Woww n Road heva 0100-0 for a tront setback vaYtancf to, an aod,t An 101he sfree' Side Of the axislmQ residencs 7 No 1596 OryM L upWt. tx 2699 Kelly Avenue. tW applied for a nrdCOver rarwice 'o• ,jm- the 75 250 tastes^ire salt*" res proposed adoH.on to be inst~ to the east Side O' the !xnitirq tesidehu and lot the reps✓ Of access pairs will retaff rr9 walls Of iris 4ke S,de of the hOUN 4020 1pcaiso within iris Game setbacv arse r 0 ii r fs J' "no, a No 1597 Rasp va O' the property boated a' 2810 Walt u'a.ene Road Seek SWOvN Of lakesnore satOs:k and hardcover varlwcN 'Or The mstakat�Or, 0' n ^e deck that re"ced 'hs fo mefdeck 00 shore Y No 1596 Irwin Jacobs o _ ' one Orc ir has sped' pr a condrihgr inn cOR esidrrtis' t0 strdCl a guest r:,,fe of pr operh AY psrsons wishing to Do heard wilt appear re soh0e at this I" Yr'.11er c0' evywntsam th1 C'ar Plans Or*ble a available" ' of',css. by appomtrhent Carr r' Oro. g1. ganh rig C A 1Aabusir Ru"3'ng a Zpf'n9 Adnumstrsto' p,bf'ahed in The Laker and P--' Oct , Igw) Affidavit of Publication Staie of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below A.) The newspaper has comp.ied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 33'L A 02, 331 A.07, and other applicable laws, as amended B.) The printed 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 pubIr lied Monday. the a day of �. "I �_ _ t 9�[,� and was thereafter printed and published every Monday, to and including Monday, the day of 19_; �1 < S''''''''''' Authorized Ager' j V-A E77A A STRAUS t ti) L fv VALIC v }j (-MAVI-R .!OU ITV Subscribed and sworn to me on this day of '' _ 19 Notary Public Rate Information f! LOwes' Cla3S"100 •ate paNd by COM-Wt rCla, ..i.Se'S'Or `_'0—Oar8 trio space $9 ae Der In& 2l Maxenu- rate attowoo by tew fo, above After $9 eC per ir"h 3 Rete artusily crwgsd fa stove matler S5 20 -W W. n E h arldlttpna success;-e week $3 38 +nch To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: October 11, 1990 Subject: $1593 Philip F. Kaley, 1395 Brown Road South - Variances - Public Hearing Soninq District - RR-1B Total area = 18,182 s.f. Pertinent Ordinance Section 10.03, Subdivision 14 (C) - Lot coverage. In al zoning districts for all lots of 0-1.99 acres in total area, the total c—nbined footprint areas of all principal and accessory structures shall not exceed 15% of the lot area. Total lot area = 18,182 s.f. or .4 acres Allowed lot coverage = 2,727.3 s.f. or 15% Existing = 1,605.6 s.f. or 8.8%* Proposed additional structure = 461 s.f. Adjusted lot coverage = 2,066.6 s.f. or 11.3% * Accessory structure = 386.6 s.f. Principal structure = 1,219 s.f. Section 10.28, Subdivision 5 (B) - Street setback variance required for proposed Borth bide addition. County ,toad 146 ( Brown Road South) : Required sett-ack 50' Fxisting = 20' Proposed = 20' Variance = 30' or 60% Arbor Street: Required setback = 50' Existing = 43' Proposed = 43' Variance = 7' or 14% Subdivision 14 (C) - Lo overage. Tennis courts patios, decks, and all similar ..,.en structures when partially or fully enclosed by fences, railings, or walls which extend more than 6' above grade level ( i f any portion of such structures extends more than 6' above grade leve', then the entire structure shall count towards lot coverage). Section 1.0.03, Subdivision 1, (C) - terraces, steps, uncovered porches, stoops, or similar structu• _s which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than 2' from an lot line. Zoning File 01593 October 11, 1990 Page 2 of 3 Please review Exhibit D, applicant's survey suggests a proposed deck to the west side of the existing structure. Note plans submitted with building permit application do not reflect open deck addition. The above referenced sections of the code would allow the deck as long as the 10' separation is mai"twined from the detached garage structure and is no closer than 2' to any lot line. Staff would recommend no closer than 5' for safety purposes. Applicant's survey suggests a 25'+ setback. if the total deck structure including railing extends 6' Above grade, applicant is obliged to meet the lot coverage standards and such deck could not exceed 667 s.f. or 3.63% of additional structural coverage. Note with the proposed north side addition, lot coverage is already at 2,066.6 s.f. or 11.3%. List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Submitted by Applicant Exhibit E - Survey of Property Before 1985 Addition Exhibit F - Floor Plan Exhibit G - Elevations Exhibit H - Minutes of Original 1985 Review Review of Application - The applicant proposes a 10' addition to north side of house requiring street setback variance from both Arbor Street and County Road 146 lot lines. The applicant's survey also proposes a future deck: not currently proposed. Please refer to setbacks noted above that govern deck construction on this property. The applicant received approval of a street setback variance on October 28, 1985 for the family room addition shown on Exhibit D. Please review Exhibit H for background on original application. Applicant should provide c,arification concerning proposed deck. Options of Action - 1. Denial, please refer to the necessary findings in Section 10.08, Subdivision 3 (A)1. 2. Approval, the Planning Commission may consider the following findings and hay -ships: Zoning File #1593 October 11, 1990 Page 3 of 3 A) The house was placed on the property prior to the current 2 acre zoning standard. A) The property is surrounded by streets on three sides. C) The property is .4 acres in area and subject to 2 acre zoning standards. D) The improvement would be consistent with similar improvement projects on adjacent properties consistent in size. F.) The property is served with sewer. The only condition staff woul,: add to an approval recommendation woulA he to place applicant on notice regarding a possible future deck to west side of structure, noting the limitations of lot coverage if deck structure is to be above 6' in total height abo� a grade and of required separation setback from the detached garage. Staff would also add the following advise to applicant reminding applicant cf Section 12.05, Subdivision 2, exterior work. All exterior construction, including siding, roofing, doors, windows and finish shall be completed and present a finished appearance within 12 months from the start of construction. Zoning File 01593 October 17, 1990 Page 4 Additional Cow nta and Planning Co=ission Reco■ ndation The applicant advised that he does propose a deck to the west side of the existing residence. The deck will be a grade level deck no higher than 15' off existing grade. No railing is Eroposed. The aEplicant has been made aware of the need for a building permit, in addition to providing appropriate plans for deck construction. The setbacks of the E-rot,osed deck will be 25+ feet from the Arbor Street lot line and in excess of the required 10' separation setback from the detached accessory structure. The deck will have no impact cn lot coverage standards as total height of deck will not exceed 6' above existing grade. The Planning Commission recommended unanimous approval of the variance ap+lication based on the findings and hardships and conditions set forth in the staff recommendation. 1S WM DATE 0,/ll/ " • BATCH 001 '.8 10-117-23 31 0047 • Prop AODR 00038 ADDRESS UNA^SIGNED ME 0144ER NAM ACITY OF ORONO TAXPAYER CITY OF C710110 NAttf /ADO* P 0 BOX 66 . CRYSTAL BAY NN 55323 • 38 10-117-23 31 0050 ►WW ADDR 01315 BR01fN RD 5 OIWR NRtR: P F A L KALEY TAXPAYER PHILIP V�LEY • NAME/ADDR 1'_^S BROHII POAD SO WAYZAT A M11 55301 • • 38 10-117-23 31 DOSS PROP ADDR 0135S ARBOR ST OW4It NAME ENRIQUE A L- ATIQUE ETAL . TAXPAYER E1IRICUE LIBATIQUE NAME/ADO* COX 130 CRYSTAL BAY 55323 • PROP ADO* • OW* P NAME TAXPAYER TOTAL BATCH 001 000 NAME/ADDR • • ti • • 0• HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS ►I`.'T 38 10-117-23 31 0048 01375 BRO1•41 RC ;, KETTH ALAN WESIOROOK FEIT14 A ROXAtRJE HEITpnUOK 233 16TH AVE N HOPKINS f 55343 38 10-117-23 31 00053 01380 BRIAR ST MABEL M BELT MABEL M PELT BOX 162 CRYSTAL Bar MN 5532i 38 10-117-23 31 0056 02140 NORTH SHORE DR DORIS I EISEFKRAMER DCPIS I EISEI:KRAIIER 2140 NORTH SHORE DR HAYZAiA MN 553O1 RFPORT W. PI435401 PAGF 1 38 10-117-?3 31 004- 013eO ARBOR ST Dun/GLAS OF MALIGNON DrAJGLAS CE MALIGNON BOX Q7 101JG LAKE MI 55356 38 10-117-23 31 0054 01365 ARBOR ST J E SUTHERLAND A J GUNION J E SUTHERLAND 4865 MAIN ST E MAPLE PLAIN MI 553SQ 38 10-117-23 33 0002 02265 NORTH SHORE DR KINGSLEY H MURPHY JR KINGSLEY H MURPHY JR - t:JRTH SHORE DR HAYZATA MN 55i91 1 CERTIFY THAT THE FACTS REPRE^ENTEO ARE AN ACCURATE AM I" REPRESENTATION OF INFOF'MdTION A; IT APPEARS THIS DATE ON THE RECORDS OF THE HF184PIN COIN DEPARTttf'iT OF PROPERTY TAXATION. TO THE BEST CIF MY KIJOHLEDGE AND BEIIEF. ( 1 Call 1 A f I car c of Survey for Philip F. Kiley of Lot :a, Block 1. MARKVILLE Hennepin County. Minnesota . 1�k.-Jovzl) It Co. RO. Si I hereby certify that this is a true and correct representation of a survey of all existing buildings on Lot S, Block 1, NARKVILLE in relation to the north and west linos of said Lot S. It does not purport to show other improvements or encroa,hments. Date : l0-1-05 Scale: 1" - In, o Iron marker COFFIN • CRONBERC, INC. Mar6berg Reg. Ntfl275S Cordon R. Coffin Reg. No. 6064 Engineers • Land surveyors Long Lake, Minnesota 0 C • f1 ca to of Surve :cr Philip F. Kaley of Lot 5, Block 1, MARKVILLE Nennec.n _County, Minnesota vy % t/e/ i 0...... ��•' h 31.y J � O No N p 0r Co. RD. .Si 1 "1 b �. J ti I t 0' 'V � I I hereby certify that this is a ~rue and correct representation of a survey of all existing bulldingr on Lot 5, Block 1, MARKVILLE in relation to the north and west lines of said Lot 5. It does not purport to show other improvements or encroachments. Date : 10-1-85 Scale: 1" = 30' o : rron marker COFFIN A GRONBERG, INC. Mark S. Gronberg Reg. NofI2755 Gordon R. Coffin Reg. No. 6064 Engineers i Land Surveyors Long Lake, Minnesota Nk - ft CAW AW 7a M4 -7 It 7 •f .�j i 240'� /JI SANw �T , fNA►�► L E f ��'— i5•F.aLr A.0 DX .S *EA-tmy*o +✓%ua -7 j 24 itAPTOU M�A�tD 2X6 CL4 JdTs p�•P 113 cwm A* .5 awrr 'Uw frrAvit R-38 2reswL -- ' Ike-+--lp - . � h® FR w Bo t$P Md SWNA-r ' -Cl � I%z Sim Owf it `Z,Xe, ST a0 'A/A l t_ ,Ft=l9 TlrsiJLnTronl i� N1r Lt P 04 I ' bAyW'#U1 v��LL s , �1,SHs��oR - � pL�rt�p/�itli�+l Bo 'I 1I REiTE� LL r 1,t 2XJo asT ir, O.c.-- //I C-. M2, coma ALK . GJ145r,oNoW4-1- � F Q�d�� �• - i ' a � s�",pA/��n TIE �f {/ofl� i. is � CiwG iZ�. • a Z.o,,oio•• Fee Trwo, i 2`.4 ftjw t � i ; a.00 �;d•in.•�e.� Initial Application Foe $150.00 ($50.00 per each additional prujoet) cafes-tN-Fact Foos (Double application too) •�Mi•••�NNN••�rrNrr ••-•r-�•rrrr -••---------------------r---.�-rrr r�r seconm site Address j j2S' Are e," ass'PT/I Property Identification Da ber (P.I.D.) /D- I17 - g 3 'N / sorb Pisase shock one -- Is the property ✓abstract or _ torte"? Floss attach legal description to application it WK inoludod sn rewired survey. now P4 t . L` d �I Mailing Wrose / ;dq) S Ar d s Phone, H 7 1k- Y 7 7 T' r••••••- � ,-••-•--rr-•---••-r••••-r-•rr-rr•r•rr•r-•r•••rr•••••••�•••••••M• !�I L Mailing AMseas / Date Property Aspired a.,L..,r- i �jpinonth/yestI 1 (da) (do net) else own the adjacent Parcels et lad/. M w Present feniag District Present use of Property Other (speoity) -••••• • •••r-• •...---. -r- -r •••• NwA••- •�� �Wwm oWO � Abe ransom in details a�w Ono - ON ONV , Let Area Lot Width ! Mrdoever setback verianese (� Treat •ide ✓ Saw I► Ot"t •-Nr-r�r--.�--N•NNr••r•N��•�N•�r N-r 1rrN•N •��•••N 2Iw'!N a ' 00MIM 0a 000-cif. M 1= an& 017 29. 190S. � S • N&M �wres �ro«�or Ila" Phil Raley vas present for this matter. City Administrator bernhar4son explained the request for a setback variance for a family room sedition. Mr. Raley stated he had no problems with the propeaW resolution. It was moved by C.ouncilmembor 1raho, seoowe" by Councilmember Hammerel, to adopt Resolution Ho00 approving the variance. Motion, Ayes 4, Mays 0. p'm tea, yam =01 Mo = cam vp� George and Susan Rovegno were present toe this matter. City Administrator Bernhardson explainer the re"ot for ba after -the -tact variance for construction of a S toot tense within the 0-731 whereas f bssed on interpretation 1 only a 3- 1/2 toot fence is allowed. George Rovegno noted the serious problems he has had whisk placement of this fence has solved. Me submitted a wolnMr ow containing a series of facts pertaining to the !ss tot Council to review. Mr. Rovegno stated he is willing to y one of the tollowiny to solve this matters 1)leovo the tan* at its existing location and cut it dawn to SA• orspt l* tsk t i rat 30 toot by the public access which art be e1Zt W=lW height. ors 2) move the tonne Loot to ty Lshao�MtRri it at its existing S toot b"I t eMo/b tot the its" by the public ease" whisk awe be only W in a-1161 noted that he bei rate CON Section 16.03 isles eaild wl havo been written abort intersecting street lute. as also Indicated his frustration with the City in dealing with the problems he has encountered which torus& his to _rest cM fence. Mayor butler stated that the fence pesos a safety hassr+d. Counoilmember Frahm indicated that appfiesat•s prebimme were valid and felt the City should address the problem of t respsss i ng and I i t ter . He a 1 so stated ho wes agreeable too 3-1/2 toot high fence in its present location. Mayor butler stated it would be setting a rrooed"t by allowing this fence. City Administrator bsrnhardson noted that apolieset mere a variance for the 3-1/2 toot accessory structure on a logs tweet cannot sustain a principal structure. a M p16 NG NINI A Oi'7A 210 loss. •� S N�! �!� esmtiams0 The purpose of the public hearing was to consider the r«wat for a lot area variance to construct a item residence. SMIN Adsilmistrator Msbusth noted that the survey has boom roseived from applicant. she noted the drainage plan and reviewed staff's race mmended conditions. Zvorand Geyon was present for this matter and stated he had as objections to the conditions. ?here were no persons present objecting and the prblie hearing was closed. galley felt that in order to maintain a desired building envelope, no additional variances should be granted. It was moved by sine, seconded by McDonald, to resemead approval of the lot area variance subject to atatf's conditions and subject to the condition that mo additisnral variances be granted in the future. Notion, Ayes S, Hors s. 20" 0G 0 rMSiYs/ iC �IHO 0135 - 0136 !M The certtf tests of sailing and affidavit of publicstiea wee noted. The purpose Of the public hearing was consider the request of a setback variance to construct a family room. Philip Raley was present for this matter and had no osmmeets. There were no persons present objecting amd tbs omblio hearing was closed. It ate Nlsl" by ftwoms edNMM apps ev I Olt" venosee a proposed u» � �s 90MC �H1 Joe sawchuk was present for this matter sad stated he S" .►nable to cumplete the survey required and wwld have it dWW for the next Planning Comwisslon meeting. It was moved by Sloe, seconded by McDonald, to coat i aus this Public Nearing until the November Planning Cfmsiseiem meet ing. Motion, Ayes S, Nays 0. v co-, t ,1 scats n( Storvev for rh i j ap r. iwev of Lot S. Block J. MARKVILLE 1lenncpin County, Minnesota -9-31-A r s�.s • of jr v /I. i A021r' O• V 2 a 27.3'+ s: _ .M .�•• t� hiresy eortji V. that this is a true a11d co)rrtct , VgPf 4 4t alj existing suildinp s on Lot S. Block 1, MAARVILLL in ."JONe"414 t and west linos of said Lot S. It does not purport to shev other laiplw+ •. or. oncroachoonts. Y corrim i G"086110. 11�. Mar S. Gron6arp /T Il7i! Date 10-1-ds Cordon A. coffin move Air. mod• t Scale: 1" - ia' [npineers A Land Jwrwwrs 0 ; Iron marker Long Lake, Minnoseta ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE 31592-SMITH BAY MARINA CONTINUED :tr. Toberman replied. "We have made an agreement to remove the two cabins within an IS -month period of time." Kelley asked what type of night lighting will be provided. Mabusth replied, "Low, indirect lighting will be provided." There were no further comments from the public and the Publi-7 Hearing was closed. It was moved by Kelley, seconded by Hanson, to recommend approval of the renewal Variances with the conditions set forth in Resolution 12190. Mo+-ion, Ayes-3, Nays-0, Cohen abstained. Motion carried. i1593 PHILIP RALEY 1395 8RONl1 ROAD SOOTS VARIANCES PUBLIC HEARING 7:56 P.M. TO 8:00 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Kaley was present. Mabusth summarized the facts and issues presented in her October 11, 1990 memo. There were no comments from the public pertaining to this application and the Publi:: Hearing was closed. It was moved by Cohen, seconded by Rowlette, to recommend approval of the street setback Variances to construct an addition to the north of the existing residence. The hardship is the fact that the property abuts a street on three sides and that the house was placed on the property prior to the establishment of the 2-acre zoning standards. It is recommended that the applicant be placed on notice regarding limitations for any future deck to the west side of the structure and that this project must be completad withii. 12 months from the start of construction. Motion, Ayes-4. Nays-0- Motion carried. 91594 DUANE LORE 2465 NO SNORE DRIVE VARIANCES PUBLIC NEARING 8:02 P.M. TO 8:05 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Luke was present. Gaffron explained Mr. Luke's proposal and the issues - 7 - CITY OF ORONO ZONING FILE #1593 P. O. Dos 66 Crystal Day, M 55323 NOTICR OF FLAMMING COMMISSION ACTION 473-7357 Date of Notice: 10/17/90 --------------------------------------------------------------------------- TO: Philip F. Raley COPIES TO: 1395 Brown Road South Wayzata, MN 55391 --------------------------------------------------------------------------- TTPE OF APPLICATION: Variance --------------------------------------------------------------------------- DATE OF HURTING: October 15, 1990 VOTE: 4 For 0 Against Planning Casission recosends the following: Approval subject to the findings and conditions set forth in the enclosed resolution. The resolution will be presented for Council's formal action at their October 22, 1990 meeting. lsv ORONO COUNCIL MEETING HELD OCTOBER 22, 1990 ZONING FILE #1555-LANDSTAR, INC., CONTINUED language pertaining to the curb and gutter and bring that back for Council to consider at the next meeting." Gethardson stated that he would like to maintain the City's standard to be a consistent 24 feet in width. He stated that the road presently varies in width. Nettles amended his oration to include Gerhardson's reques Petersen seconded. Motion, Ayes-4, :Jays-0, Callahan absta: ad. Motion passed. #1593 PSILIP RALRY 1395 BROWN ROAD SOUTH VARIANCZ RESOLUTION #2893 Mr. Kaley was present. Bernhardson summarized the pertinent information relating to thi3 Variance application. He noted that the. Planning Commission had unanimously recommended approval. ,It was moved by Callahan. seconded by Nettles, to adopt Resolution 42893, granting street setback Variances to construct a 10' addition to the residence located At 1395 Brown Roa3 South. :lotion, Ayes-5, Nays-0. Motion passed. #1594 DUANE LURE 2465 MORI'S SHORE DRIVE VARIANCE. RESOLL":ON #2894 Mr. Luke was present for this review. Bernhardson reviewed the nature of this appl.cation, not:n- that the Planning Commission had recommended acpcoval prov._: that an equivalent amount of hardcover be removed. It was moved by Nettles, seconded by Goetten, to adopt Resolution #2894, granting a side setback and hardcover Variance to construct an addition to the residence at 2465 North Shore Drive. Motion, Ayes-5, Nays-0. Motion passed. #1596 DARYLE L. UPHOFF 2699 RSLLY AVLNUE VARIANC! RESOLUTION #2895 Mr. Uphoff was present. Dern�,ardson msde a brief statement explaining Mr. UphoffIs appiicatiL1. 3e stated that the Planning Commmission had recomme-led approval provided that hardcover not exceed 35.71. It was moved by Nettles, seconded by t;oetten, :o adopt Resolution #2895, granting hardcover and average lakeshore setback Variances to construct an addition to the existing - 31 - APPLICATION NO. 1593 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 10/23/90 --------------------------------------------------------------------------- TO: Philip F. Raley COPIES: 1395 Brown Road South Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------------ DATE OF !MEETING: October 22, 1990 VOTE: 5 For 0 Against ------------------------------------------------------------------ COUNCIL ACTION - MOTION: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the res, itions. 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 October 22, 1991. Please contact the Building Department to determine the status of the building permit review (Lyle Oman or Bruce Vang at 473-7357) as the Zoning Department has completed it's review. Inv 5'130996 city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2893 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONE= CODE SUCTION 10.28, S=IVISION 5 (D) FILE #1Sl3 WHEREAS, Philip F. Kaley (hereinafter "the applicant") is the owner of the property located at 1395 Brown Road F :h within the City of Orono (hereinafter "City") and legally describe, 3 follows: Lot 5, Block 1, Markville, Hennepin County, Minnesota (hereinafter "the property'); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 10' addition to the north side of the ex.sitnq residence requiring a street setback variance to South Brown Road at a 20' setback instead of the required 50' and a street setback variance to Arbor Street proposed at 43' instead of the required 50'. Minnesota: NOW, THEREFORE, SE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File i1593. 2. The property is located in the RR-1B Rural Residential Zoning District requ�ring 2 acres in area. The subject property consists of 18,182 s.f. or .4 acres. 3. The Orono Planning Commission reviewed this application on October 15, 1990, and recommended Approval of the proposed variances based based upon the following findings: a. The house was placed on the property prior to the current 2 acre zoning standards. b. The property is surrounded by streets on three sides. C. The property is .4 acres in area and subject to 2 acre zoning standards. TRANSM IWMW Page 1 of 4 OW OF F tgn TO i FMIC KCM DEC 11 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2893 d. The improvement would be consistent with similar improvement projects of adjacent properties consistent in size. e. The property is served with sewer. 4. The City Council has considered this application including the findings and recommendations of the Planning Co=nission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a 'emonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit construction of an addition to the north side of the house requiring street setback variances to both South Brown Road (County Road 146) and Arbor Street, subject to the following conditions: 1. Applicant is advised that a building permit will be required for grade level deck. Applicant shall provide a survey locating deck on property and building plans for deck construction. 2. Authorities granted by this variance 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 22, 1991). Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2893 3. 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. 6. 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 . .1990. by the Orono City Council on this 22nd day of rEbY fn pity rF Ao�pprop er s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) erx d,- The foregoing instrument was acknowledged before me on this 22nd day of October, 1990, by Janes R. Grabek i Dorothy M. Hallin, Mayor i City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LNAM prLaWdMT y COUNTY " w .0m O n sau Notary Public -'�_ �-_;-, My Commission Expires Page 3 of 4 city or oR,ozvo STATE OF MINNESOTA ss. COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. 2893 On this ;-;� 3rc-1 day of before meI Notary pu lic within : appeared PL �.,. 1� the person(s)"described in and instrument, and acknowledged that his (their) free act and deed. STATE OF MINNESOTA NOT 1 Q 4-1 � L" I V It 19 9 or said county, personally known to me to be who executed the foregoing he (they) executed the same as N a MY COMMISSION )ss. COUNTY OF HENNEPIN ) On this u 1 day of �Ir_,4-ej , 199 before me a,Notary Public within and for said County, personal�,ly appeared /I /r:. �, t e✓.t�r� known to me to be the person(s) descri�n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. t11WA&A L NAAi NWAW #0q . MMNNESOTA MY Page 4 of 4 r RESOLUTION 02893 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) 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 October 22 . 1990 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 26th day of October 19 90 ODafathy M.711in, City Cler r� !: , I 5730996 41DEC9014:V 637M996 0C $10.OD �ow s ti 1rr!11laRSO A Grr.{ � "A 0 OEC I 1 Ph 2: 37 • fi:a W bT N 573M �.,.Am ca 1g, CITY OF ORONO LAUD USE FILING INFORMATION Prepared By: Carolyn Sommers, Secretary to Nancy E. Husnik, Legal Assistant Popham, Haik, Schnobrich 5 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 encl,)sed; the Special Lot Combination/Phillips was filed on December 14, 1990 and has DDL at yet been returned to us. RESOLUTION Hudaza 2852 (encl.) 2865 (encl.) 2879 (encl.) 2883 (encl.) 2884 (encl.) APPLICANT'S Regnier, Dr. and Mrs. T. Prass, David and Suzanne Minnegasco, Inc. Buranen, James S. Siford, Ruby L. 2893 (encl.) Kaley, Philip F. 2894 (encl.) Luke, Duane 35ZHEH DATE I DOLIBIRIR' 12-11-90 12-11-90 12-11-90 12-11-90 12-11-90 12-11-90 12-11-90 ore z s 5731002(A) 5731003(A) 5730994(A) 5731000(A) 5731001(A) 5730996(A) 5730995(A) POPHAM. HAIK. SCHNODRICH 6 KAUFMAN, LTD. 3300 PIPER JAFFRAT TOWER MINNEAPOLIS, MINNESOTA 58402 T[LCPMON[ 0I8-333.4000 TCLccoplcR SIR 334-9713 INCLUDING THE FORMER LAW FIRM OF HALPERN A DRUCK DENVER, COLORADO 60202 MIAMI, FLORIDA 33131 SUITE 5400 SUIT[ 4100 I800 SC"CNTE[NTM STR[CT ONC C[NTRUST rINANCIAL CENTCR T[LCPMONE 303-•03-4100 TEL[AMONE 306-630-0090 TCLCCO'I[R 303-411103-8104 TrLECOPICR 308-830-OOSS DIRECT DIAL NUMOER (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: WADMINGTON, D. C. 20030 SU.T[ Soo CAST 1300 . STR[[T, N.W. T[L[rMON[ MOS-002-4700 TCL[CORIcR 208-902-8700 n Z 6990 The following resolutions have been sent for filing with the Hennepin County Recorders office: 62879/Minnegasco 42894/Luk e 42893/Raley 463/Buranen 52/Regnier ,4/Siford silecial Lot Combination Agreement/Phillips Resolution No. 2895/Uphoff `s being returned because it is a variance on torrens property and therefore unacceptable by the Registrar of Titles for filing. Resolution No. 2865/Prass 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. I will forward the resolution for filing on the abstract property but will need t.ie 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 th.� torrens property. Mr. Mike Gaff ron December 11, 1990 Page 2 Thank you for your assistance. Please call me if you have any questions or concerns. Sigcecely, Carolyn A Sommers Legal Se;..Yetary to Nancy Husnik, Legal Assistant Enclosure 125ZNEH 4 HARDCOVER CALCULATION RORKSH `; SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE -------------------------- A. HOUSE � 2 X S.F. LENGTH WIDTH X s S.F. X • S.F. x • S.F. x = S.r B. GARAGE �l— X / /. - <:�, - 3 8g S. F. C. DRIVEWAY 5- X. 3 m S S.F. X S.F. D. SIDEWALK i Al X �m — _ zfi S.F. X s S.F. x S.F. E. Q T10/ CK x � S.F. F.LANDSCAPE X S.F. AREAS UNDERLAIN BY X S. f. PLASTIC SHEETING x G. OTHER X S.F. TOTAL HARDCOVER IN ZONE - I S.F• Q ' TOTAL PROPERTY AREA IN ZONE / S•F. AS .- B �/ � x 100 - / o - - HARDCOVER CALCULATION MORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. HOUSE x • S.F. LENGTH WIDTH x • S.F. x • S.F. x • S.F. x S.F. 1. GARAGE x • S.F. C. DRIVEWAY x • S.F. x • S.F. D. SIDEWALK x = S.F. x • _ S.F. x S.F. CK Y • S.F. F.LANOiCArE x • s.F. AREAS UNDERLAIN BY _ x = S.F. PLASTIC SHM I NG x • S.F. x • S.F. 6. OTHER x - S.F. TOTAL HARDCOVER IN ZONE - S.F. ED TOTAL PROrUTY AREA IN ZONE - S.F. ED A s B x100• o