HomeMy WebLinkAboutProject Packet~ Bonestroo -=-Rosene
"1\11 Anderlil( &
1 \j 1 Associates
Engineers & Architects
October 10, 2006
Ms. Melanie Curtis
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
l 335 West Highway 36 • St. Paul , MN 55113
I Office: 651-636-4600 • Fa x: 651 -636-1311
www.bonestroo.com
Re: 3295 Carman Cove
File No. 000139-06000-1
Plat No. 06-3224
Dear Melanie:
We have reviewed the revised survey and house plans for the proposed home construction at 3295
Carman Cove. We have the following comments with regards to engineering matters:
• The house plans and elevation views show tlie garage elevation as being 956.0. However, the
grading plan shows an elevation of 956.5 in front of the garage. Similarly, ·the walkout elevation
is shown on the house plans as 946.25 whHe the grading plan shows an elevation of 946.5 along
the back of the house. The grading plan should be revised such that the elevations along the
perimeter of the house match what is shown in the other drawings.
• Retaining walls should be labeled as existing or proposed.
• Engineered design and details should be provided for all retaining walls greater than 4 feet in
height, or for tiered walls whose horizontal separation is less than two times the height of the
wall.
• A restoration plan or detailed notes, and an erosion control plan for any work done in the 0-75'
setback area must be submitted for review and approval.
• Final plans should include erosion and sediment control details.
If you have any questions, please call me at (651) 604-4863.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC .
--(I,~ ~.
TomKello g
St. Paul, St . Clou_d , Rochester, MN • Milwaukee, WI • Chicago , IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, October 9, 2006
7:00 o'clock p.m.
*6. #06 -3224 MICHAEL SHARRATT OF SHARRATT DESIGN & COMPANY ON BEHALF
OF THOMAS AND REBECCA LOWE, 3295 CARMAN ROAD -VARIAN CE -RESOLUTION
NO. 5518
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5518, a Resolution granting
variances for the property located at 3295 Carman Road. VOTE: Ayes 5, Nays 0.
7. #06-3231 WILLIAMS. DAMPIER, 3550 IVY PLACE-VARIANCE
William S . Dampier, Applicant, was present.
Turner stated the applicant is requesting side setback and lot coverage variances to allow the construction
of an addition to the lakeside of the residence to be located 3 .4 feet from the south property line when a
10-foot setback is required. The lot coverage variance is requesting 17.4 percent when the maximum is
15 percent. The applicant has revised his plans slightly and is now requesting 16 percent structural
coverage.
In 2000, the applicant was granted hardcover and side setback variances for consh1.1ction of an addition to
the street side of the house and reconstruction of the second story. The original house was constructed
with a n01ih side setback of2 .9 feet to 3.4 feet. The current request would allow construction of a semi-
circular room on the second floor on the lakeside of the prope1iy and a one-foot cantilevered extension of
the first floor on the lakeside of the property . The applicant constructed the first floor cantilevered
extension and two feet of the second story addition in 2005 not in compliance with the prior approvals.
The 326 square foot addition would place the property 306 square feet over the structural lot coverage
maximum.
The Planning Commission voted 4-1 to recommend approval, with Pl aiming Staff recommending denial
of the application based on the amount of structural lot coverage. Turner stated the cantilevered area
exists because of a misunderstanding by the applicant.
Dampier stated he was originally granted permission to build 480 square feet of deck, and in the original
application , he attempted to stay under the 15 percent structural coverage so that the house would be an
existing nonconforming structure. Dampier stated the 17.4 percent structural coverage is comparable to
the neighbors adjoining this property and that the three lots are all 50-foot lots and the residences are
similar in size. ·
Dampier gave some history regarding his original application . Dampier stated he is proposing a
compromise that had been struck prior to getting the original permit back in 2000 with Gaffron and
Building Inspector Lyle. Dampier stated he proposed an addition toward the lake. But Gaffron said he
would not be able to approve that and instead recommended a different average setback line . Dampier
stated he submitted the plans for reconstructing the lake side of the house to the building inspector. After
a month or so the building inspector hadn't finished his review of the plan s but he vvas verbally told that
he could proceed forward with the plans. Approximately one month later he was t old that he could not
build the house as depicted on his pl~ns and that he was to stop construction inm1ediately . Dani.pier stated
the onl y w ay the cantilever could be remo ved w ould be to remo v e a good portion of the structure si n ce
the timber s are all interconne cte d with each other .
PAGE 4 ofl0
ROLL
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 18, 2006
6:00 o'clock p.m.
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Cynthia Bremer, Commissioners Roland Jurgens, David Rahn, Ralph Kempf, and Dick Kroeger.
Representing Staff were Planning Director Mike Gaffron, Planners Melanie Curtis and Evelyn Turner,
and Recorder Jackie Young. Council Member Lili McMillan was present.
Chair Bremer called the meeting to order at 6:02 p.m.
NEW BUSINESS
1. #06-3224 MICHAEL SHARRATT OF SHARRATT DESIGN & COMPANY ON BEHALF
OF THOMAS AND REBECCA LOWE, 3295 CARMAN ROAD, VARIANCE, 6:03-:-6:42 P.M.
Thomas Lowe, Applicant, and Michael Sharratt, Architect, were present.
Curtis stated the applicant has provided revised hardcover and structural coverage calculations since the
Planner's report was prepared. The applicant is requesting lot area and 75-250' hardcover va1iances in
order to allow construction of a new home on a lot 0.45 acre in area where 1.0 acre is required and to
allow 4,005 square feet or 40.8 percent hardcover where 25 percent is normally allowed. The proposed
home exceeds the 15 percent limit; therefore, a structural coverage variance is requested as well. The
existing home encroaches into the required 10-foot required side setback and exceeds the 15 percent
structural coverage limit.
The applicant is proposing to construct a new home in a similar location to the existing structure but will
remove a side setback encroachment and will be conforming with the structural coverage limit at 14.8
percent. The applicant is requesting the hardcover variance based on the unique shape of the lot, which is
a hardship in their opinion.
The City Engineer has not had an opportunity to review the revised pians but he has expressed concerns
to Staff regarding the lakeside patio and the lowest floor elevation at 945 feet. The proposed lakeside
grade elevation is 946.5 feet. The City Engineer feels the applicant should address the potential for water
to stand in this area without the potential to drain away from the house.
Planning Staff recommends approval of the lot area variance and approval of some level of hardcover
variance as the Planning Commission deems appropriate, subject to a grading and drainage plan that
meets the City Engineer's approval.
Lowe stated he has resided in Orono for almost 50 years and that they would love to remain in the area.
Lowe stated they would like to construct a new residence and they have attempted to design a house that
will meet as many of Orono's codes as possible as well as create a structure that would be an
improvement to the neighborhood and the city. Due to the crumbling foundation, they have been advised
it would be cost prohibitive to remodel the structure.
PAGEl
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 18, 2006
6:00 o'clock p.m.
(#06-3224 Thomas and Rebecca Lowe, Continued)
Lowe indicated they are reducing the hardcover down to 41.8 percent, which is a reduction of almost 20
percent, and eliminating all the hardcover in the 0-7 5 ' setback zone except for the stairway access down
to the lake. Lowe clarified they are not adding a deck onto the house as depicted on the plans but that
there is a deck within the existing footprint of the house.
Lowe stated the patio is being constructed 1.5 feet below grade to satisfy the City's requirement for a full
basement and that they would prefer not to construct it at that grade.
Sharratt stated they have worked extensively with Staff to design a residence that would comply as
much as possible with the City's codes and that they have been successful in reducing the hardcover in
the 75-250' setback zone from 60.5 percent down to 40.83 percent, with the hardcover in the 0-75 foot
setback also being reduced. The foundation is also in very poor condition and would require complete
replacement. The hardship that exists in this situation is the pie-shaped lot, which results in a substantial
amount of land within the 0-7 5 foot setback zone.
Sharratt requested they not be required to construct the residence 1.5 feet below grade to meet the City's
basement requirements.
Lowe distributed pictures of the residence to the Plam1ing Commission.
Sharratt stated the house is proposed to be 63.2 feet long and they are proposing to retain the existing
grade as much as possible. Sharratt illustrated on the overhead the 0-75 foot setback zone and the grade
elevations. Sharratt indicated they are in agreement with the concerns of the City Engineer and would
prefer to leave the grade as is to allow a walkout on the residence.
Bremer pointed out the applicant would then be looking for a height variance since the house would be
two stories plus a walkout.
Bremer opened the public hearing at 6: 14 p.m.
There were no public comments regarding this application.
Bremer closed the public hearing at 6:14 p.m.
Bremer stated she is happy that the applicants have met the City's strnctural coverage limit and that the
Planning Commission has dealt with pie-shaped properties in the past and that the amount of hardcover
being proposed may seem excessive but in reality, due to the configuration of the lot, may not be too
excessive. Bremer stated she would not be in favor of the height variance due to the massing and that the
applicant should bury the house 1.5 feet if the City Engineer feels the drainage issues can be resolved.
Rahn noted the land area within the 0-75 foot setback zone is almost the same as the land area in the 75-
250 foot zone. Rahn commented he is unsure how the 40 percent hardcover number was arrived at and
PAGE2
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 18, 2006
6:00 o'clock p.m.
(#06-3224 Thomas and Rebecca Lowe, Continued)
that the Planning Staff typically does not approve hardcover in that amount. Rahn inquired whether the
proposed basement floor elevation is similar to what cunently exists.
Shanatt stated they would like to raise the ceiling height of the basement in the new residence and that
they are being required to lower the house into the grade in order to meet the City's height restrictions.
Lowe stated due to the way the City's Code is written, the City does not give credit for the dirt that is in
front of the windows and that they are being penalized for the way the side yard was graded 30 years ago.
Lowe stated they should be given some credit for the dirt in front of the windows.
Bremer stated she understands what the applicant is saying but that the City's ordinance is rather specific
and does not allow that to be taken into account.
Kroeger stated based on the shape of the lot, the 40 percent hardcover is not excessive in his view.
Jurgens stated it comes down to what is reasonable use of the lot, and that the three-car garage could be
reduced to a two-car garage, which would result in the driveway being reduced and the hardcover being
decreased. Jurgens indicated he is not in support of a height variance and that the house could be
designed differently. Jurgens stated the storage under the garage is also a personal choice and results in
the grade being pushed further back on the lot.
Lowe stated the storage under the garage exists on the current house.
Rahn stated the ceiling height is driving the elevation of the house. Rahn stated it is difficult to make a
decision on a plan that has only been submitted to Staff on the day of the meeting and that the City
Engineer has not had an opportunity to review the plans.
Kempf indicated he is in agreement with what has already been expressed by the Planning Commission
and that it does come down to the design of the house. Kempf expressed concerns regarding a sunken
patio and the possibility of water problems and that he would like to see some changes made in the design
of the residence.
Sharratt pointed out they are not requesting a height variance at this point but merely brought it up as an
option. Sharratt stated the patio could be engineered to handle the water runoff.
Lowe inquired what type of hardcover levels have been granted in the past for this type of a lot.
Gaffron stated the City's compilations make a clear comparison between the areas of the 75-250 foot zone
and the percentages of hardcover. Gaffron stated the City has granted hardcover in excess of 25 percent
in the past but that it depends on the uniqueness and size of the lot.
PAGE3
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 18, 2006
6:00 o'clock p.m.
(#06-3224 Thomas and Rebecca Lowe, Continued)
Bremer stated the applicant does have the option of taking their application before the City Council, but
that it appears the Planning Commission is in favor of hardcover in an amount less than 40 percent.
Bremer inquired how many square feet of hardcover would constitute 1 percent.
Gaffron stated it would be roughly 100 square feet.
Lowe inquired whether they could move the house closer to the road.
Gaffron stated they would be able to relocate the house 3.9 feet closer to the road.
Lowe stated their original intent was to construct on the original footprint and to eliminate the side yard
setback. Lowe stated due to the poor condition of the foundation, they are considering constructing a new
residence but that they are being forced to reduce the size of their footprint.
Rahn stated if the amount of cubic feet is considered, they are increasing the size of the structure even
though the footprint is smaller.
Sharratt stated they are not able to increase the nonconfom1ity under state statute.
Bremer commented the City generally does not give credit for removal of plastic and rock but that overall
the hardcover on the lot is being reduced with this proposal.
Lowe stated they are attempting to reduce the hardcover on the lot.
Bremer stated she would support the application since the proposal does meet the 15 percent structural
coverage, the proposal is consistent with the rest of the neighborhood, and that the lot is unique enough in
her view to warrant the 40.08 percent hardcover. Bremer indicated she is not in supp01i of a height
variance.
Jurgens inquired what the exact hardcover is that is being requested.
Curtis stated it would be 40.08 percent.
Kroeger indicated he also is in support of the revised plan subject to City Engineer review and
recommendations.
Bremer encouraged the applicant to reduce the hardcover wherever possible to reduce the hardcover
below 40 percent.
Kroeger inquired whether relocating the house back 3 .5 feet would create an issue with the side yard
setback.
Sharratt indicated it does not.
PAGE4
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, September 18, 2006
6:00 o'clock p.m.
(#06-3224 Thomas and Rebecca Lowe, Continued)
Jurgens stated he would be in support of 35 percent hardcover but would not be in support of a height
variance.
Sharratt stated they would review their plans to see if the hardcover can be further reduced.
Rahn moved, Kroeger seconded, to approve Application #06-3224, Michael Sharratt of Sharratt
Design and Company, on behalf of Thomas and Rebecca Lowe, 3295 Carman Road, granting of a
lot area variance and granting of a hardcover variance for the 75-250 foot setback zone for
hardcover in an amount less than 40 percent, subject to the condition that the plan meets the
approval of the City Engineer and further subject to the conditions of Staff.
VOTE: Ayes 3, Nays 0, Jurgens and Kempf opposed.
Kempf noted if the motion included the requirement of relocating the house 3.5 feet closer to the street, he
would have voted in favor of the motion.
2. #06-3227 LOREN BUTTERFIELD AND BRIAN McDONNELL, 3940 WATERTOWN
ROAD, SKETCH PLAN, 6:42 -7:08 P.M.
Loren Butterfield, Applicant, was present.
Curtis stated the applicant is requesting a sketch plan review for a three iot residential plat of property
within the RR-lA district, which requires five acres of dry buildable area per lot and 300 feet of width per
lot. The proposal consists of a lot line rearrangement between 3940 and 3850 Watertown Road to add -
acreage to 3940, followed by a split of the resulting enlarged 3940 into two five acre lots. The new
vacant northerly lot is proposed to use an existing undeveloped platted 33 feet wide right-of-way for
access.
No fonnal action is required by the Planning Commission at this stage of the application but the Planning
Commission should provide direction to the applicant on the issues outlined in Staffs report.
Butterfield distributed photographs of the prope11y to the Planning Commissioners.
Bremer inquired \Vhether the applicant had anything to add to Staffs report.
Butterfield stated they would like to develop these two lots for sale purposes. Butterfield requested the
five-acre lot not be considered a back lot.
Jurgens inquired whether there is a proposal to improve the road.
MINUTES OF THE
ORONO PLANNING COMMISSION
Monday, August 21, 2006
6:00 o'clock p.m.
(#06-3221 Sean and Nicolle Hendrickson, Continued)
Rahn moved, Kempf seconded, to recommend approval of Application #06-3221, Sean and Nicolie
Hendrickson, 1580 Long Lake Boulevard, granting of setback coverage variances as depicted on the
newly revised plan. VOTE: Ayes 4, Nays 1, Jurgens Opposed.
Jurgens indicated he is not comfortable with moving this application forward to the City Council without
a complete plan review by the Planning Commission.
8. #06 -3224 THOMAS AND REBECCA LOWE, 3295 CARMAN ROAD, VARIANCE
Bremer moved, Kroeger seconded, to table Application #06-3224, Thomas and Rebecca Lowe, 3295
Carman Road. VOTE: Ayes 5, Nays 0.
9. #06-3225 875 WBW, LLC, 875 WAYZATA BOULEVARD WEST, SUBDIVISION,
8:22 P.M. -9:32 P.M.
Steve Johnston ofLandfonn, and David Carlson ofWBW, LLC, were present.
Gaffron stated the applicant is requesting approval for a nine-unit residential development on this former
New Horizons daycare site. The property is the subject of a comprehensive plan amendment to allow
density of approximately 1 .4 units per dry buildable acre, where the current density maximum is 0.5 units
per acre. This amendment has received preliminary Council acceptance and will be on the Council's
agenda for action on August 28t11
• The Council is expected to take formal action to conditionally adopt
the amendment on August 28 and direct Staff to forward it to Metropolitan Council for approval.
The Park Commission made a recommendation to require park dedication fees and not a land dedication.
Gaffron stated the intent of this review is to provide direction to the applicants and that no fonnal action
is required. The draft CMP amendment is intended to apply to just the applicant's property and no others.
It should be noted that in addition to the pennitted, conditional and accessory uses allowed within the
RR-lB zoning district, this amendment allows for residential development of the property at a density of
one unit per 0.70 dry buildable acres (1.43 units per acre). It then goes on to establish parameters for any .
residential development of the property at a density greater than 0 .5 units per acre of dry buildable land.
Those include the following :
1. Such development shall be subject to the PUD development process and shall be rezoned to
RPUD Residential Planned Unit Development. The entire property shall be de veloped as a single
PUD project.
PAGE 16
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CITY of ORONO
October 9, 2006
Sharratt Design & Co
Attn: Michael Sharratt
464 2 nd St Suite l 00
Excelsior, MN 55331
Street Address:
2750 Kelley Parkway
Orono, MN 55356
HAND DELIVERED
Municipal Offices
SUBJECT: 60-day extension for Zoning Application #06-3224
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
State law provides that Cities shall make decisions on zoning requests within 60 days from the date
of application, and that this review period may be extended by notification to the applicant. Your
application was considered complete on August 10, 2006 and the 60-day review period would end on
October 10, 2006. As this application has been tabled by the City Council, the earliest potential date
of final Council action falls after the 60-day period ends. Therefore, this letter is your notification
that the 60-day review period has been extended an additional 60 days to December I 0, 2006.
Please call me at 952.249.4627 should you have any questions.
Sincerely,
City of Orono
Melanie Curtis
City Planner
Teileplhone (952) 249-4600 • Fax (952) 249-46Ui
www.d.ornno.mn.l.Ils
Date Application Received: 07-19-06
Date Application Considered as Complete: 08-10-06
60-Day Review Period Expires: 10-10-06
Department Approval: 1 IJ
Name: Melanie Curtis tv\V
Title: City Planner
Item Description:
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: October 4, 2006
Item No.
Agenda Section:
#06-3224, Mike Sharratt of Sharratt Design & Co. on behalf of Thomas and Rebecca Lowe, 3295
Carman Road -Variances -Resolution
Zoning District: LR-lB, One Family Lakeshore Residential, 1-acre, 140'
Lot Area: 19,917 s.f. or 0.45 acre
Lot Width: 147' @ OHWL I 114' @ 75' setback
List of Exhibits:
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Resolution per Planning Commission recommendation
Revised Plans
PC Action Notice dated 10-03-06
PC Memo & Exhibits of09-12-06
Application Summary:
The applicant is requesting lot area and 75' -250' hardcover variances to allow construction of a new
home on a lot 0.45 acre in area where 1.0 acre is required and to allow 4,091 s.f. or 42% hardcover
where 25% is normally allowed.
Planning Commission Recommendation
On September 18, 2006, Planning Commission voted 3-2 to recommend approval of the lot area
variance in conjunction with a hardcover variance for less than 40% hardcover within the 75' -250'
zone. One of the dissenting commissioners felt that the home should be moved closer to the street
and the other felt that 35% hardcover would be more appropriate.
Planning Staff Recommendation
The applicant has responded to the Planning Commission's majority direction and provided revised
plans meeting 39.3% hardcover within the 75'-250' zone. The applicant is attempting to meet the
City's definition of basement to avoid being classified as a three-story house In doing so, the
applicant continues to propose a low floor elevation of 945.25' with an adjacent lake-side grade one
foot higher than the basement floor, Tom Kellogg has recommended that this be corrected to avoid
potential drainage problems. The applicant maintains that they are aware of and are taking
engineering measures to counteract any potential drainage problems. Staff recommends approval of
the variances per the attached Resolution.
COUNCIL ACTION REQUESTED
Adopt or amend the attached Resolution.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-330 & 78-1288
FILE NO. 06-3224
WHEREAS, Thomas Lowe and Rebecca Lowe, husband and wife (hereinafter
"the applicants") are the owners of the property located at 3295 Carman Road within the City of
Orono (hereinafter the "City") and legally described as follows:
Lot 8, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter the
"property"); and
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new home
on a lot 0.45 acre in area where 1.0 acre is required; ~d
WHEREAS, the applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1288 to allow 42% hardcover within the
75' -250' setback zone where 25% is normally allowed in conjunction with the construction of a
new single family home.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 06-3224.
2. The property is located in the LR-lB Lakeshore Residential Zoning District
which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'.
3. The Planning Commission reviewed this application at a public hearing held on
September 18, 2006 and on a vote of 3-2 recommended approval of the lot area
variance and approval of the hardcover variance not to exceed 40% within the 7 5'
-250' zone based on the following findings:
Page 1 of 5
a. The property contains 19,917 s.f. in area and has .147' in width at the OHWL
and 114' in width at the 7 5' setback.
b. The lot is substandard in area and a residence has existed on the property for
many years.
c. There is no additional land available to bring the lot width or lot area into
conformity.
d. The hardcover ifreduced to no more than 40% of the 75'-250' zone will be in
line with the levels of hardcover variances approved on rebuild applications
with similar lot conditions. The proposed residence meets the structural lot
coverage limitation of 15%.
e. The proposed structure complies with all lake yard, side yard, rear (street)
yard, and average lakeshore setback requirements.
f. The reverse pie shape of the lot warrants additional hardcover within the 7 5 ' -
250' setback zone.
g. The applicants have proposed a 2-story home with a basement meeting the
City's definitions. The lowest floor elevation has been proposed at 945.25'
with an adjacent walk-out (lake side) ground level of 946'-946.25' to avoid
excavation within the 0-75' zone. This "step up" walkout arrangement will
careful designto avoid :flooding.
4. The applicants subsequent to Planning Commission review have submitted a
revised proposal for 39.3% hardcover in the 75'-250' zone.
5. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
6. The City Council finds that the conditions existing on this property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a fire
hazard or other danger to neighboring property; would not merely serve as a
convenience to the applicants, but is necessary to alleviate a demonstrable
Page 2 of 5
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, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-330 Subdivision B to allow
redevelopment of a lot 19,917 s.f. in area where 43,560 s.f. is normally required and a variance
to Orono Municipal Zoning Code Section 78-1288 to allow 39.3% hardcover where 25% is
normally allowed, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and annotated by
City staff, attached to this Resolution as Exhibit A. · Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover in the o;.75' zone shall not increase above the level of 232 s.f. or 2.3%.
Hardcover in the 75-250' zone shall be limited to 3,854 s.f. or 39.3% per the proposed
plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised
that.any future requests to increase hardcover or change the nature of existing/approved
hardcover shall . require City approval, and increases in hardcover will not likely be
approved withoutconcurrent reduction in existing hardcover.
3. Applicants shall remove all plastic or fabric liner material from the decorative landscape
beds on the property to ensure their permeability as non-hardcover surfaces.
4. Required removals of structure and hardcover to be removed shall be completed prior to
the framing inspection for the new residence.
5. The applicants are advised to carefully design the site drainage to avoid flooding of the
basement level.
6. Authorities granted by this resolution run with the property not with the applicants, but
are permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will expire
on that date (October 9, 2007).
Page 3 of 5
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, understand and hereby agree to the terms of this
resolution and on behalf of the applicants and the applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on the 9th day of October, 2006.
ATTEST:
Linda S. Vee, City Clerk
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this _ day of ___ _
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of ____ ,
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2006 by
Thomas Lowe, husband of Rebecca Lowe.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2006 by
Rebecca Lowe, wife of Thomas Lowe.
Notary Public
Page 5 of 5
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Wood steps & wall @ swing
Stone retaining wall
Brick border
Total property area in zone:
Total fiardcaver in zone:
~
House & garage
Porch
NC pad
Steps & landing next to porch
Brick Border
Blacktop driveway
Concrete aprontwalk
Rock on plastic
Paver walk
Deck
Stone retaining waits
Front walk-Nay
Backstair
Total property area ln zone:
Tota! hardcover in zone:
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0.00
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76.25
6.00
0.00
0.00
751.00
0.00
0.00
0.00
0.00
110.00
20.00
~ 3,854.00
9,810.00
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CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Mike Sharratt
Sharratt Design
464 2nd St., Ste. 100
Excelsior, MN 55331
TYPE OF REQUEST:
DA TE OF MEETING:
ZONING FILE 06-3224
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: October 3, 2006
Variances
COPIES: Tom & Rebecca Lowe
3295 Carman Rd
Excelsior, MN 55331
September 18, 2006
Planning Commission recommended as follows:
The application was forwarded to the City Council with an approval recommendation
with the condition that the proposed 75'-250' hardcover be reduced to less than 40%.
VOTE: 3 FOR 2 AGAINST
One of the dissenting Commissioners felt that the home should be moved closer to the
road and the other felt that 35% hardcover would be more appropriate.
Applicant's next scheduled meeting is confirmed as:
City Council -October 9, 2006 -Meeting starts at 6:00 pm
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Melanie Curtis at 952.249.4627.
FILE# 06-3224
12 September 2006
Page 1 of 4
Date Application Received: 07-19-06
Date Application Considered as Complete: 08-10-06
60-Day Review Period Expires: 10-10-06
To:
From:
Date:
Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
\Af 1 Melanie Curtis, City Planner fVW
September 12, 2006
Subject: 06-3224, Mike Sharratt of Sharratt Design & Co. on behalf of Thomas and
Rebecca Lowe, 3295 Carman Road
• Lot Area, Lot Coverage & Hardcover Variance Request
• Public Hearing
Zoning District:
Lot Area:
Lot Width:
LR-lB, One Family Lakeshore Residential, 1-acre, 140'
19,917 s.f. or 0.45 acre
147' @ OHWL / 114' @ 75' setback
Application Summary: The applicant is requesting lot area and 75' -250' hardcover
variances to allow construction of a new home on a lot 0.45 acre in area where 1.0 acre is
required and to allow 4,091 s.f. or 42% hardcover where 25% is normally allowed. The
proposed home exceeds the 15% limit therefore a structural coverage variance is
requested as well.
Staff Recommendation: Planning Department Staff recommends approval of the lot area
variance and approval of some level of hardcover variance as the Planning Commission
deems appropriate along with a grading and drainage plan which meets the City
Engineer's approval. Finally, staff recommends denial of the 0.2% overage in structural
coverage.
Pertinent Zoning Ordinance Sections
✓ Sec. 78-1. Definitions.
✓ Sec. 78-330. Area, height, lot width and yard requirements.
✓ Sec. 7 8-12 88. Hard cover limitations.
✓ Sec. 78-1403. Lot coverage.
In all zoning districts, for all lots of 0--1.99 acres in total area, the total
combined footprint areas of all principal and accessory structures shall not
exceed 15 percent of the lot area. Exception: Regardless of lot area, every
developed lot shall be allowed at least 1,500 square feet of lot coverage by
principal residence and garage structures. The following shall be included in
calculation of lot coverage by structures:
(]) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when
partially or fully enclosed by fences, railings or walls which extend more than six
feet above grade level (If any portion of such structures extends more than six
feet above grade level, the entire structure shall count toward lot coverage).
(3) Building protrusions which are more than six feet above grade, including
FILE# 06-3224
12 September 2006
Page 2 of 4
the building footprint, and the vertical projection of any parts of the building
more than six feet above grade.
(4) Bays or bay windows that increase the floor area (i.e., floor to ceiling)
shall be considered lot coverage. Bays or bay windows that act solely as a
window shall not be considered lot coverage.
(5) All but the outer two feet of roof overhangs shall be included in the
calculation of lot coverage.
List of Exhibits
Exhibit A -Application
Exhibit B -Hardship Documentation Form
Exhibit C -Existing & Proposed Survey/Site Plan
Exhibit D -Proposed Plans and Elevations
Exhibit E -Submitted Hardcover Calculations
Exhibit F -Additional Application Submittals
Exhibit G -City Engineer Memo dated 08-16-06
Exhibit H -Letter from Neighbor
Exhibit I -Structural Engineering Opinion dated 06-29-06
Exhibit J -PC Action Notice of 08-22-06
Exhibit K -Property Owners List
Exhibit L -Plat Map
Background
The applicant is requesting lot area and hardcover variances in order to construct a new
home on an existing lot on Carman Road. The existing home on the property encroaches
into the required 10' side setback, exceeds the City's 15% structural coverage level, and
the property has hardcover in excess of 25% within the 75' -250' zone. The applicant is
proposing to construct a new home in a similar location as the existing home but will
remove a side setback encroachment, however the applicant is requesting a lot coverage
variance based on the footprint of the existing home and a hardcover variance stating the
unique shape of the lot as a "reverse pie shape" is a hardship (the area of the 0-75' zone
exceeds that of the 75' -250' zone).
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-1B Lot Area Lot Width
Required 43,560 s.f. ( 1.0 acre) 140'
Actual 19,917s.f. (0.45acre) 147' (cu, OHWL I 114' (cu, 75' setback
Setbacks:
LR-1B Required Proposed
Rear 30' 33'
West Side 10' 16.3'
East Side 10' 14.6'
Lakeshore 75' 85'
Average Lakeshore With the exception of the deck stair, the proposed home meets the average
lakeshore setback.
2
St t l C rue ura overage:
Total Lot Area
19,917 s.f. (0.45 acre)
Hardcover Calculations:
Hardcover Zone Total Area in
Zone
0 75 10,170 s.f.
75 -250 9,810 s.f.
FILE# 06-3224
12 September 2006
Page 3 of 4
Total Structural Coveral!e
Allowed: 2,987 s.f. (15%)
Existing: 3,105 s.f. (15.5%)
Proposed: 3,044 s.f. (15.2%)
Allowed Existing Proposed
Hardcover Hardcover Hardcover
0 s.f s.f.* 232 s.f.
(0%) (%) (2.3%)
2,452 s.f. s.f.* 4,091 s.f.
(25%) (%) (42%)
* After exclusion of fabric or plastic-lined landscape beds
Hardcover & Lot Coverage Variance
The applicant is requesting a hardcover variance to accommodate a 3,044 s.f. home
including a new deck and porch, where a 3,105 s.f. home currently exists. While the
applicant is reducing the overall structural lot coverage and hardcover, staff feels that
there may be further reductions to the plan which could result in meeting the 15% lot
coverage limit. The proposed three car garage, retaining walls, additional driveway width
are all impacting the level of hardcover on this property.
Lot Area Variance
The property is an existing lot of record, served with City sewer and water and located
within a neighborhood of similarly sized properties. Historically, lot area variances are
granted in this situation on a consent basis provided all other City requirements are met.
Average Lakeshore Setback
The proposed stairway at the lakeside of the home extends past the average setback line,
although it meets the 75' setback and likely has no impact on views enjoyed by
neighboring property owners.
Hardship Statement
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect 011 values of property in
the surrounding area. The Planning Commission shall consider recommending approval for variances
from the literal provisions of the Zoning Code in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under consideration, and
shall recommend approval only when it is demonstrated that such actions will be in keeping with the
spirit and intent of the Orono Zoning Code.
3
FILE# 06-3224
12 September 2006
Page 4 of 4
Staff finds that regarding lot area there is historical justification to grant a variance,
however the overage in structural coverage resulting excess hardcover cannot be
supported by staff. The structural footprint of the proposed home should be reduced to at
least 15%, and subsequently the hardcover will be reduced. The stair on the proposed
deck could be reoriented or changed to meet the average lakeshore setback, as well as
reduce the structural and hardcover levels. Additionally, as stated above there are
elements of this proposal which could be revised or eliminated to reduce the proposed 75'
-250' hardcover.
Issues for Consideration
1. The stair for the lakeside deck encroaches into the average lakeshore setback. Are
views of the lake from adjacent properties impacted by the stair encroachment?
Should the stair or deck be revised so that it meets the average lakeshore setback?
Or is there justification for an average setback variance?
2. Are there any other issues or concerns with this application?
Staff Recommendation
Planning Department Staff recommends approval of the lot area variance and approval of
some level of hardcover variance as the Planning Commission deems appropriate, subject
to submittal of a with a grading and drainage plan which meets the City Engineer's
approval. Staff also recommends the plans be revised as necessary to result in a home
meeting the City's height requirements. Finally, staff recommends denial of the 0.2%
overage in structural coverage.
The plans should be revised to address the City Engineer's recommendations.
4
City of Orono E,(ffle,11' A
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Application# {)(,p-3~Y
Date Received: 1-/Cf-wo~
Amount Paid: (;?CC). O'D
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
Staff : ~ J CY'.'.\d\.t.,
Fee: · $600 ~-------Renew a I: $300 --:-------After-the-fact: $1,200 Double Fee
P.O. Box 66
Crystal Bay, MN 55323-0066
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION:
Site Address: 32q S C-axW'la.n ~o.J.
Property Identification Number (PIN): 2.0 -117 -2..0 -I 4 -6 O 1 '-{
(Attach legal descri plion to application if n~ ;nc~1ded on the survey.)
Date Property Acquired (month/year): 01. ') □ Yes, I own the adjacent parcels.
Present use of property: ~ Residential □ Other · -----------------
Zoning District: -=L::..1.@-._-_1.....,,B=------
APPLICANT INFORMATI N: (Complete legal names and marital status required for each interested party)
Name: vra..,
Phone (home): . Phone (work): 952 • '110-150
Address: '-1~4 2ao\ f)t St( JOO Ex:t.Js,ov-hd .5S33)
Email: W)Sha.V:ctt;ff:~ sbc«,v-ot:ftd!Stf'-CJ)'VY) Fax: qsz. '-!10· t'!JD"J-
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: ~OW)CL.$ t ~k),,tt,IL l Olvf C.JY')ILr"f\c.J) ·
Phone (~ome): -;~-. ~:~o~q~ . Phone (work): £,/ Z.. · 'tu3 · (:;q,q
Addr~ss. 0l'tS ____ ..g__j~---bf..tlS1oy: kvi ,5533/
Email: ~@ bk . !ln Fax: ___________ _
DESCRIPTION OF REQUEST: Estimated Project Cost: $ ----Describe the reqyest in detail (attach additional sheets if necessary):
. ,
REQUIRED SUBMITT LS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
□ Pre-Application Meeting Form, completed by a City Planner.
□ Completed Application Form
□ Completed Hardship Documentation Form
□ Certified Property Owners List -owners within 150' of the subject property, labels and plat map.
List, labels and map may be obtained from Hennepin County Department of Finance,
Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 .
□ Original Certificate of Survey (signed by a licensed surveyor), .meeting all the requirements
listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or
11" x 17" for reproduction.
□ Completed hardcover calculation worksheets (as provided within the variance packet).
□ Topographic survey -including existing and proposed elevations, and proposed grading and
drainage. *For lakeshore properties the contours should be shown extending 50' into the
adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction.
□ Sketches or plans of floor and elevation views (provide one copy 8.5'' x 11" or 11" x 17").
□ Additional items may be requested by City Staff depending on the scope of the project. *
APPLICANT'S ACKNOWLEDGEMENT:
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or
consultant expenses incurred in review of this application and certifies that the information supplied is
true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely
responsible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of its pot · erit.
Applicant's Signature: "'-~~--Date:
Applicant's Signature: Date: ----------------
OWNER'S ACKNOWLEDGEMENT:
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission & Council Members for
purposes of investigation and verification of this request.
Owner's Signature: Date: -----------------Owner's Signature: Date:
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are normally held on the third Monday of each month.
Applicants must be present at all scheduled review meetings of the Planning Commission and
Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to
have an authorized representative attend in place of the applicant and advise the City Planner
assigned to your project.
.. ,
.. .
DATA PRIVACY ADVISORY
In accordance with M .S. 13.04, Subd . 2, "Rights of subjects of data", we would like to inform you
that your request for a permit or license from the City of Orono or any of its departments may
require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or
license requested.
· 2. You may refuse to supply data, but refusal may require that the City deny the permit or
license .
3. The information may be shared with other local , state or federal agencies to the extent
necessary to process the permit or license .
4. If your requested permit or license requires Council action to approve, some information
may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data on
yourself.
6 . Your full name is required to process this application or permit.
Address
Exc,,J5,c,,--
City
Deoa11
Middle
St. ,5:t-L !OD
Last
MrJ SS3"6/
State Zip
qs:i . ~ 1o ·17SD
Phone
I
/
The granting of this ~ariance wili improve the essential character of the locality by
creating more space between the new home aod the ,neighboring property to the
west. The Lowe 's propose to remove the existing home with its substandard
structural integrity (see structural engineer's report attached) and limited
architectural value , and replace it with a new home in keeping with the character
. ', of the neighborhood, more compliant with the current zoning ordinance, and in
, compliance with current building codes. •
4. /'Economic considerations alone shall not constitute an undue hardship if
reasonable · use for the property exists under the terms of the Zqning Chapter."
.Economic considerations are not a consideration for this request.
5. "Undue hardship also includes, but is not limited to, inadequate access to
sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes , Section 116J .06, Subd. 2, when in
harmony with this .Chapter." -Not applicable .-·
6 . "The Board of Appeals and Adjustments or the Council may not permit -as a
variance any use that is not permitted under this Chapter for property in the zone
{,.,here the-affected person 's land is located." -Not applicable. ·
7. "The Board or Council may. not permit as a variance the temporary use of a one-
family dwelling as a two-family dwelling." -Not applicable.
8. "The special conditions applying to the structure or land in questioo are peculiar
to such property or immediately adjoining property." .
The substandard lot size is peculiar to several properties adjoining and near the
Lo~e's. This is due to both the configuration of the shoreline, and the platting of
the lots at a time prior to the current 1 acre requirement.
9. "The conditions do not apply generally to other land or structures in the district in -
which .said land is located."
Although there are-other substandard lots in the district, many of the LR-1 Blots
meet or exceed the 1 acre requirement and do not have the same constraints .
The Lowe's lot is slightly pie shaped creating ~ larger percentage of the lot in the
unbuildable area within the 75' lakeshore setback.
10. "The granting of the application is n13cessary for the preservation ·and enjoyment
of a substantial property right of the applicant."
The applicant is entitled to continue the current use and enjoyment of the
property, which the state of Minnesota· has recognized by adopting Statute __,,
462 .357. In order to provide a structurally sound , code compliant home for their
4 6 4 S e c o n d S t r e e t ' ' S u i t e 1 0 0 E ·x c e 1 s i o r , M N 5 5 3 3 1
p h o n e 9 5 2 . 4 7 0 9 7 5 0 f a x ' : 9 5 2 . 4 7 0 . . 8 4 , ,,0 7
w·e b site: sharrattdesign.com • em 'ail: info@ s ha r r ·at td es ign .c om
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family that complements the neighbprhood, replacing the existing structure on
substantially the same footprint is the best solution for both the Lowe's and the
city . , ·
11. "The granting of the proposed variance will not in any way impajr health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning 1 • .
Code.~ -
The proposed home repf aces a non-conforming structure with a more compliant
· -home and will improve the health, safety and comfort of the owner, while in no
way impairing health, safety, comfort, morals or any other respect for the
r,eighborhood or the city:-
12 . "The granting of such variance will not merely serve.as a convenience to the
applicant. But is necessary to alleviate· demonstrable hardship or difficulty."
It would be less prudent for the Qwner to remodel . the existing home. Not only
would it be .a stop gap measure for the structural problems, but all the existing
non-;conformities would remain. Gran_ting the variances requested would result in
an alleviation of the hardship for the Lowe's ar.id improved conditions upon the lot
unqer the city Z_oning Code. .
.,
_,,.
464 Second Street Suite 100 Excelsior, MN 55331
phone 952.470.9750 fax: 952.470.8401
website: shar _rattdesign.com • email: info@ ·sharra..ttdesign.com ·
9
LAKE
EXISTING
HOUSE
#3300
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
7
EXISTING
HOUSE
#3285
MINNETONKA
CARMAN'S BAY
OESIGNE REVlSIO OESCRIPTIOtl l--l--+---------------1
LE'.CAL DESCRIPTION Of PREMISES :
Lot 8, Block 1, CARMAN COVE,
o : denotes iron marker
(908,3) : denotes existing spot elevation, mean sea level datum
---917---: denotes existing contour line, mean seo level datum
Searings shown ore based upon an assumed datum.
This survey shows the boundaries of the above described
propertr, the location of on existing house, and \he location
of oil visible "hardcover" thereon. It does not purport to
show any other improvements or encroachments.
'>
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OATif
2-1-0
JOSW:
05-02/
31Gt~E AEVISI
-0238
.9
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
"·9ss·--
~---9ss------
--954------
CARMAN
ROAD
EXISTING
HOUSE
#3300
EXISTING
#3285
HOUSE
CARMA N'S BAY LEGAL DESCRIPTION OF PREMISES
Lot 8, Block I, CARMAN COVE
PROPOSED ELEVATIONS
I) F;rst floor = ~
2) Basement = (g§]J
o denotes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
rnJ]]]: denotes proposed spot elevation, mean sea !eve! datum
---917--*: denotes existing contour line, mean sea !eve/ datum
~; denotes proposed contour line, mean sea level datum
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described
property, the location of all visible "hardcover", and the
proposed location of a proposed house thereon. It does not
purport to show any other improvements or encroachments.
SCALE
1"=20'
OATIS
2-1-06
JOB NO.
06-0238
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HARDCOVER CALCULATION WORKSHEET
Lor 81 B,_oc.1.:: I
LArtMA1·1 C,ovE
SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500'
EXISTING HARDCOVER IN ZONE
A House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE '
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A House
. Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
,,, F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
X
-X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN.ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ + B
Width
X 100 =
Width
x!OO
500-1000'
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
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IHOMAS Lowe: ~ z;-i;::i L.01 <o,. 8 LOC.f"-, l
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' @~~ 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A House X 2668 S.F.-1-IOUSE.
Length Width
X = .Z37 S.F.-PORCH
X 3 S.F. -A/G P10
X = 63 S.F.-STtP.5~ U-1.NO!,
g-,1<,~,cr T'O P,14:?,Ctl
B. GJ4'ge X = 3 S.F.-Bmci.< !i,01WE
C. Driveway = SC/6. 8LAt..KTOP X ~I-OJ:<NE\.-\IAY X =
D. Sidewalk ID9 CON Cl'<frf. APR
X S.F.~/wA1..K
X 4·bO S.F. -PAV£R WA Lil
E. Patio/Deck X 48_ S.F.-Di;CI.C
·x = S.F.~-
F. Landscape 14-'3~ S.F.-· ROq .e. O ,i'-<1
X PtAf~ "fl(.
Underlain X = S.F.
By Plastic X S.F.
Or Fabric
l D g_
STONE
G. Other X = S.F. -Rfi41NINC.,,,
WALL,$
TOT AL HARDCOVER IN ZONE 5<.'f '$ :t· S.F. A
TOT AL PROPERTY AREA IN ZONE 96!0 S.F. B
A ..,.. B X 100 60.tfL/ %
PROPOSED HARDCOVER IN ZONE. f(EVN(;.f,0
A. House X = 2013 s .F. -e.~t»~.f. M1 rn
Length Width ·A0()fTiON5
X S.F.
X S.F.
X = -;7 S.F. -\'lf'Vl 'FfWN
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B. Garage X S.F.
C. Driveway X f3b0 RE\Jl·Sl.!'0
S.F . .., ORP.Jt;u¥,\ '(
·X S.F. ..
SD Nf!'W F1201V 7
D. Sidewalk X = S.F. -,.(Mi..l~
X = b3 s.F.-s,1:Ps. r{) i?m
E. Patio/Deck CJ I NE'.W Df.l'.J(
X S.F. _(1,J,i,14.ESIOf)
X S.F.
X S.F.
X S.F. NEW 4-S-X ?J:Z = 9,2., S.F. -~l!J:1.41Nl~-
!..1/,AI, .. \~
sS'· VIALL. T 1?
G. Other X = S.F.-l~EA1~uv
TOTAL HARDCOVER IN.ZONE Lj-QCf I S.F. A
TOTAL PROPERTY AREA IN ZONE qs,o S.F. B
A B X 100 ::1:-1,rD %
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Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 462
462.357 Official controls: zoning ordinance.
Subdivision 1. Authority for zoning. For the purpose
of promoting the public health, safety, morals, and general
welfare, a municipality may by ordinance regulate on the earth's
surface, in the air space above the surface, and in subsurface
areas, the location, height, width, bulk, type of foundation,
number of stories, size of buildings and other structures, the
percentage of lot which may be occupied, the size of yards and
other open spaces, the density and distribution of population,
the uses of buildings and structures for trade, industry,
residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation,
agriculture, forestry, soil conservation, water supply
conservation, conservation of shorelands, as defined in sections
103F.201 to 103F.221, access to direct sunlight for solar energy
systems as defined in section 216C.06, flood control or other
purposes, and may establish standards and procedures regulating
such uses. To accomplish these purposes, official controls may
include provision for purchase of development rights by the
governing body in the form of conservation easements under
chapter 84C in areas where the governing body considers
preservation desirable and the transfer of development rights
from those areas to areas the governing body considers more
appropriate for development. No regulation may prohibit earth
sheltered construction as defined in section 216C.06,
subdivision 14, relocated residential buildings, or manufactured
homes built in conformance with sections 327.31 to 327.35 that
comply with all other zoning ordinances promulgated pursuant to
this section. The regulations may divide the surface, above
surface, and subsurface areas of the municipality into districts
or zones of suitable numbers, shape, and area. The regulations
shall be uniform for each class or kind of buildings,
structures, or land and for each class or kind of use throughout
such district, but the regulations in one district may differ
from those in other districts. The ordinance embodying these
regulations shall be known as the zoning ordinance and shall
consist of text and maps. A city may by ordinance extend the
application of its zoning regulations to unincorporated
territory located within two miles of its limits in any
direction, but not in a county or town which has adopted zoning
regulations; provided that where two or more noncontiguous
municipalities have boundaries less than four miles apart, each
is authorized to control the zoning of land on its side of a
line equidistant between the two noncontiguous municipalities
unless a town or county in the affected area has adopted zoning
regulations. Any city may thereafter enforce such regulations
in the area to the same extent as if such property were situated
within its corporate limits, until the county or town board
adopts a comprehensive zoning regulation which includes the area.
Subd. la. Certain zoning ordinances. A municipality
must not enact, amend, or enforce a zoning ordinance that has
the effect of altering the existing density, lot-size
requirements, or manufactured home setback requirements in any
manufactured home park constructed before January 1, 1995, if
the manufactured home park, when constructed, complied with the
then existing density, lot-size and setback requirements.
Subd. lb. Conditional uses. A manufactured home
park, as defined in section 327.14, subdivision 3, is a
conditional use in a zoning district that allows the
construction or placement of a building used or intended to be
used by two or more families.
Subd. le. Amortization prohibited. Except as
otherwise provided in this subdivision, a municipality must not
enact, amend, or enforce an ordinance providing for the
elimination or termination of a use by amortization which use
was lawful at the time of its inception. This subdivision does
not apply to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.
Subd. ld. Nuisance. Subdivision le does not prohibit
a municipality from enforcing an ordinance providing for the
prevention or abatement of nuisances, as defined in section
561.01, or eliminating a use determined to be a public nuisance,
as defined in section 617.81, subdivision 2, paragraph (a),
clauses (1) to (9), without payment of compensation.
Subd. le. Nonconformities. (a) Any nonconformity,
including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control
under this chapter, may be continued, including through repair,
replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a
period of more than one year; or
(2) any nonconforming use is destroyed by fire or other
peril to the extent of greater than 50 percent of its market
value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building
permit in order to mitigate any newly created impact on adjacent
property.
(b} Any subsequent use or occupancy of the land or premises
shall be a conforming use or occupancy. A municipality may, by
ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision
does not prohibit a municipality from enforcing an ordinance
that applies to adults-only bookstores, adults-only theaters, or
similar adults-only businesses, as defined by ordinance.
(c} Notwithstanding paragraph (a), a municipality shall
regulate the repair, replacement, maintenance, improvement, or
expansion of nonconforming uses and structures in floodplain
areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage
potential or increase the degree of obstruction to flood flows
in the floodway.
Subd. lf. Substandard structures. Notwithstanding
subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550,
may allow for the continuation and improvement of substandard
structures, as defined in Minnesota Rules, part 6105.0354,
subpart 30, in the Lower Saint Croix National Scenic Riverway.
Subd. lg. Feedlot zoning controls. (a) A
municipality proposing to adopt a new feedlot zoning control or
to amend an existing feedlot zoning control must notify the
Pollution Control Agency and commissioner of agriculture at the
beginning of the process, no later than the date notice is given
of the first hearing proposing to adopt or amend a zoning
control purporting to address feedlots.
(b) Prior to final approval of a feedlot zoning control,
the governing body of a municipality may submit a copy of the
proposed zoning control to the Pollution Control Agency and to
the commissioner of agriculture and request review, comment, and
recommendations on the environmental and agricultural effects
from specific provisions in the ordinance.
(c) The agencies' response to the municipality may include:
(1) any recommendations for improvements in the ordinance;
and
(2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
(d) At the request of the municipality's governing body,
the municipality must prepare a report on the economic effects
from specific provisions in the ordinance. Economic analysis
must state whether the ordinance will affect the local economy
and describe the kinds of businesses affected and the projected
impact the proposal will have on those businesses. To assist
the municipality, the commissioner of agriculture, in
cooperation with the Department of Employment and Economic
Development, must develop a template for measuring local
economic effects and make it available to the municipality. The
report must be submitted to the commissioners of employment and
economic development and agriculture along with the proposed
ordinance.
(e) A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A municipality may grant a
variance from this requirement under section 462.358,
subdivision 6.
Subd. 2. General requirements. (a) At any time after
the adoption of a land use plan for the municipality, the
planning agency, for the purpose of carrying out the policies
and goals of the land use plan, may prepare a proposed zoning
ordinance and submit it to the governing body with its
recommendations for adoption.
(b) Subject to the requirements of subdivisions 3, 4, and
5, the governing body may adopt and amend a zoning ordinance by
a majority vote of all its members. The adoption or amendment
of any portion of a zoning ordinance which changes all or part
of the existing classification of a zoning district from
residential to either commercial or industrial requires a
two-thirds majority vote of all members of the governing body.
(c) The land use plan must provide guidelines for the
timing and sequence of the adoption of official controls to
ensure planned, orderly, and staged development and
redevelopment consistent with the land use plan.
Subd. 3. Public hearings. No zoning ordinance or
amendment thereto shall be adopted until a public hearing has
been held thereon by the planning agency or by the governing
body. A notice of the time, place and purpose of the hearing
shall be published in the official newspaper of the municipality
at least ten days prior to the day of the hearing. When an
amendment involves changes in district boundaries affecting an
area of five acres or less, a similar notice shall be mailed at
least ten days before the day of the hearing to each owner of
affected property and property situated wholly or partly within
350 feet of the property to which the amendment relates. For
the purpose of giving mailed notice, the person responsible for
mailing the notice may use any appropriate records to determine
the names and addresses of owners. A copy of the notice and a
list of the owners and addresses to which the notice was sent
shall be attested to by the responsible person and shall be made
a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the
notice shall not invalidate the proceedings, provided a bona
fide attempt to comply with this subdivision has been made.
Subd. 4. Amendments. An amendment to a zoning
ordinance may be initiated by the governing body, the planning
agency, or by petition of affected property owners as defined in
the zoning ordinance. An amendment not initiated by the
planning agency shall be referred to the planning agency, if
there is one, for study and report and may not be acted upon by
the governing body until it has received the recommendation of
the planning agency on the proposed amendment or until 60 days
have elapsed from the date of reference of the amendment without
a report by the planning agency.
Subd. 5. Amendment; certain cities of the first class.
The provisions of this subdivision apply to the adoption or
amendment of any portion of a zoning ordinance which changes all
or part of the existing classification of a zoning district from
residential to either commercial or industrial of a property
located in a city of the first class, except a city of the first
class in which a different process is provided through the
operation of the city's home rule charter. In a city to which
this subdivi"sion applies, amendments to a zoning ordinance shall
be made in conformance with this section but only after there
shall have been filed in the office of the city clerk a written
consent of the owners of two-thirds of the several descriptions
of real estate situate within 100 feet of the total contiguous
descriptions of real estate held by the same owner or any party
purchasing any such contiguous property within one year
preceding the request, and after the affirmative vote in favor
thereof by a majority of the members of the governing body of
any such city. The governing body of such city may, by a
two-thirds vote of its members, after hearing, adopt a new
zoning ordinance without such written consent whenever the
planning commission or planning board of such city shall have
made a survey of the whole area of the city or of an area of not
less than 40 acres, within which the new ordinance or the
amendments or alterations of the existing ordinance would take
effect when adopted, and shall have considered whether the
number of descriptions of real estate affected by such changes
and alterations renders the obtaining of such written consent
impractical, and such planning commission or planning board
shall report in writing as to whether in its opinion the
proposals of the governing body in any case are reasonably
related to the overall needs of the community, to existing land
use, or to a plan for future land use, and shall have conducted
a public hearing on such proposed ordinance, changes or
alterations, of which hearing published notice shall have been
given in a daily newspaper of general circulation at least once
each week for three successive weeks prior to such hearing,
which notice shall state the time, place and purpose of such
hearing, and shall have reported to the governing body of the
city its findings and recommendations in writing.
Subd. 6. Appeals and adjustments. Appeals to the
board of appeals and adjustments may be taken by any affected
person upon compliance with any reasonable conditions imposed by
the zoning ordinance. The board of appeals and adjustments has
the following powers with respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that
there is an error in any order, requirement, decision, or
determination made by an administrative officer in the
enforcement of the zoning ordinance.
(2) To hear requests for variances from the literal
provisions of the ordinance in instances where their strict
enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to
grant such variances only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the
ordinance. "Undue hardship" as used in connection with the
granting of a variance means the property in question cannot be
put to a reasonable use if used under conditions allowed by the
official controls, the plight of the landowner is due to
circumstances unique to the property not created by the
landowner, and the variance, if granted, will not alter the
essential character of the locality. Economic considerations
alone shall not constitute an undue hardship if reasonable use
for the property exists under the terms of the ordinance. Undue
hardship also includes, but is not limited to, inadequate access
to direct sunlight for solar energy systems. Variances shall be
granted for earth sheltered construction as defined in section
216C.06, subdivision 14, when in harmony with the ordinance.
The board of appeals and adjustments or the governing body as
the case may be, may not permit as a variance any use that is
not permitted under the ordinance for property in the zone where
the affected person's land is located. The board or governing
body as the case may be, may permit as a variance the temporary
use of a one family dwelling as a two family dwelling. The
board or governing body as the case may be may impose conditions
in the granting of variances to insure compliance and to protect
adjacent properties.
Subd. 6a. Normal residential surroundings for
handicapped. It is the policy of this state that handicapped
persons and children should not be excluded by municipal zoning
ordinances or other land use regulations from the benefits of
normal residential surroundings. For purposes of subdivisions
6a through 9, "person" has the meaning given in section 245A.02,
subdivision 11.
Subd. 7. Permitted single family use. A state
licensed residential facility or a housing with services
establishment registered under chapter 144D serving six or fewer
persons, a licensed day care facility serving 12 or fewer
persons, and a group family day care facility licensed under
Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or
fewer children shall be considered a permitted single family
residential use of property for the purposes of zoning, except
that a residential facility whose primary purpose is to treat
juveniles who have violated criminal statutes relating to sex
offenses or have been adjudicated delinquent on the basis of
conduct in violation of criminal statutes relating to sex
offenses shall not be considered a permitted use.
Subd. 8. Permitted multifamily use. Except as
otherwise provided in subdivision 7 or in any town, municipal or
county zoning regulation as authorized by this subdivision, a
state licensed residential facility serving from 7 through 16
persons or a licensed day care facility serving from 13 through
16 persons shall be considered a permitted multifamily
residential use of property for purposes of zoning. A township,
municipal or county zoning authority may require a conditional
use or special use permit in order to assure proper maintenance
and operation of a facility, provided that no conditions shall
be imposed on the facility which are more restrictive than those
imposed on other conditional uses or special uses of residential
property in the same zones, unless the additional conditions are
necessary to protect the health and safety of the residents of
the residential facility. Nothing herein shall be construed to
exclude or prohibit residential or day care facilities from
single family zones if otherwise permitted by a local zoning
regulation.
HIST: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7;
1973 C 379 S 4; 1973 C 539 S 1; 1973 C 559 S 1,2; 1975 C 60 S 2;
1978 C 786 S 14,15; Ex1979 C 2 s 42,43; 1981 C 356 S 248; 1982 C
490 S 2; 1982 C 507 S 22; 1984 C 617 S 6-8; 1985 C 62 S 3; 1985
C 194 S 23; 1986 C 444; 1987 C 333 S 22; 1989 C 82 S 2; 1990 C
391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c
224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art
4 S 11; 1997 C 216 S 138; 1999 C 96 S 3,4; 1999 C 211 S 1; 2001
C 174 S 1; 2001 C 207 S 13,14; 2002 C 366 S 6; 2004 C 258 S 2;
1Sp2005 c 1 art 1 s 92; art 2 s 146
n Bonestroo -=-Rosene
"11 Anderlik &
1 \j 1 Associates
Engineers & Architects
August 16, 2006
Ms. Melanie Curtis
Planner
City of Orono
Post Office Bo~ 66
Crystal Bay, MN 55323
Re: 3295 Carman Cove
335 Wes t Highway 36 • St . Paul , MN 55113
Office: 651-636-4600 • Fax: 651-636 -1311
www.bonestroo .com
File No. 000139-06000-1
Plat No. 06-3224
Dear Melanie:
We have reviewed the survey and associated grading plan for the proposed home construction at 3295
Carman Cove. We have the following comments with regards to ·engineering matters:
• Engineered design and details should be provided for i,1.ll retaining walls greater than 4 ·feet in
height, or for tiered walls whose horizontal separation is less than two times the height of the
wall. Specifically, the tiered walls on the east side of the house haye a three foot horizontal
separation, which is not twice the wall height.
• Notes indicate that existing stone walls and steps located within the 0-75 ' setback are to be
removed. These items should be shown on the plan. In addition, a restoration plan or detailed
notes, and an erosion control plan for this area must be submitted for review and approval.
• Provide the proposed first floor elevation.
• By eliminating the proposed retaining walls to the east of the house, the 946.25 elevation could be
maintained across the entire back of the house. The proposed grade could slope up along the east
side and match into the existing 950 contour, thus eliminating drainage concerns created by the
proposed grading and retaining walls.
• Final plans should include erosion and sediment control details.
If you have any questions , please call me at ( 651) 604-4863.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ---~~?' 7~i
Tom ~ellogg __,
St. Pau l , St. Cloud, Rochester, MN• Mi l wa u l<ee, WI• Chicago , IL
Affirmative Action/Equ a l Opportunity Employer and Employee Owned
July 22, 2006
City Council & Planning Commission
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Lawrence R. Molsather
Linda D. Sallee
3285 Carman Road
Excelsior, MN 55331
952-471-1039
Re: Proposed Home Construction by Thomas P. & Rebecca Lowe
3295 Carman Road, Excelsior, MN 55311
(Lot 8, Block 1, Carman Cove)
Dear Council and Commission Members:
We are long-time neighbors and friends of Tom and Becky Lowe, and we are both excited for them and
pleased over their plans to rebuild their home next door to us.
Out of consideration, they have already met with us on two separate occasions to show us their plans, first
in conceptual stage and now in more detailed form with the architectural drawings. We feel the proposed
house is of a reasonable size and will fit well into the neighborhood. Also, because of the layout of the
lots in our subdivision, there will be no significant encroachment into views from our house.
We are very pleased with what they want to do, and we fully support their plans. If you have any
questions or desire additional information, please feel free to contact us.
Lawrence R. Molsather Linda D. Sallee
c. Tom & Becky Lowe
J•in 29 06 04: 12p AM Structural Engineering (715)426-4930
EXft1&rr I
A.M. STRUCTURAL ENGINEERING
112 EAST MAPLE ST.
29 June 2006
Lissa Tenuta
464 2nd Street, #100
Excelsior, MN 55331
RIVER FALLS, WI 54022
Re: Foundation Assessment
Lowe Home
Dear Lissa:
As you requested, I have observed the foundation of the Lowe Home to determine it's suitability
to support the proposed modifications. It is my understanding that these modifications include re-
building the main level and adding a new upper level. See the attached plan for reference to the
following notes:
1. A horizontal crack occurs at a C.M.U. bed joint 5'-4" above the slab on grade. This crack has
been patched in the past and has continued to move. This wall is laterally unstable and
requires repair or replacement. The repair may include removing the exterior grade,
removing portions of the interior face shell and reinforcing the wall as required. Since no
balancing earth pressure is available from the lake side, helical anchors through the wall
toward the street may be used to resist these pressures.
2. A tiered ledge occurs in the foundation wall. I am unable to determine the reason for this
construction. However, wall construction of this type is rarely suitable for re-use. This area
must be replaced.
3. The garage slab on grade as settled and cracked.
4. The grade inside the garage is S' higher than outside this wall. The top of the wall has been
pushed out approximately 1 ½" due to interior soil pressure. This wall requires repair or
replacement. One method to repair this wall is to add reinforcing as indicated in item number
1 and add helical anchors through the wall and under the garage slab. A portion of the
garage slab must be removed for this repair.
5. The grade inside the garage is 7' to 8' higher inside the garage than in the basement. The
first floor diaphragm has bowed noticeably toward the lake due to the soil pressure from the
garage. The side walls and floor diaphragm do not provide adequate resistance for the soil
pressure. This wall requires repair or replacement. One method to repair this wall is to add
reinforcing as indicated in item number 1 and add helical anchors through the wall and under
the garage slab. A portion of the garage slab must be removed for this repair.
In general, the street side walls require reinforcing and the use of helical anchors projecting
toward the street to resist lateral earth pressures. The side wall of the garage requires similar
repair going under the slab. The anchor plates would be visible from outside the house. The
repairs may not correct the noticeable movement that has occurred in the walls and floor
structure. Once these repairs are made to stabilize the walls, additional reinforcing
(walls/footings) may be required to support the new construction.
Please call me if you have any questions concerning the above.
Sincerely,
A.M. Structural Engineering, LLC
David P. Wagner, P.E.
MN Reg. No. 25420
(let6144a)
p.2
Jun 29 06 04:12p AM Structural Engineering (715)426-4930 p.3
,__ ____ __]
B
L dW f: !-I ot..1: E
) .q JUNE 200-:0
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Mike Sharratt
Sharratt Design
464 2nd St., Ste. 100
Excelsior, MN 55331
TYPE OF REQUEST:
DATE OF MEETING:
ZONING FILE 06-3224
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: August 22, 2006
Variances
COPIES: Torn & Rebecca Lowe
3295 Carman Rd
Excelsior, MN 55331
August 21, 2006
Planning Commission recommended as follows:
The application was tabled at the request of the applicant and staff due to conflicting
information within the staff report and submitted building plans. Please submit revised
building plans and survey information by September 4th for consideration on the
September 18 Planning Commission meeting.
VOTE: 5 FOR 0 AGAINST
Applicant's next scheduled meeting is confirmed as:
Planning Commission -September 18, 2006 -Meeting starts at 6:00 pm
If you desire certified copies of the official Planning Commission minutes, they are
available from the City Recorder after review and approval by the Planning Commission.
If you have questions, please call City Planner, Melanie Curtis at 952.249 .4627.
RUN DATE : 7/24/2006
38 201172314001 I
PROP ADDR 3265 CARMAN RD
OWNER NAME D M HECTOR & BK BOHN-HECTOR
TAXPAYER D MARK HECTOR
NAME/ADDR BONNIE K BOHN-HECTOR
3265 CARMAN RD
EXCELSIOR MN 55331
38 2011723140014
PROP ADDR 3295 CARMAN RD
OWNER NAME T PLOWE & RA LOWE
TAXPAYER THOMAS PLOWE
NAME/ADDR 3295 CARMAN RD
EXCELSIOR MN 55331
38 2011723140017
PROP ADDR 2693 KELLY AVE
OWNER NAME MARILYN H MCCLASKEY
TAXPAYER MARILYN H MCCLASKEY
NAME/ADDR PO BOX 6
" I
MINNETONKA BEACH MN 55361
~·~~;
'iillJ &ir/1 @') ,JJ
~ ~. ,;,.iP.,JP \.~ .... ,,.,
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723140012
PROP ADDR 3275 CARMAN RD PROPADDR
38 2011723140013
3285 CARMAN RD
OWNER NAME MITCH OLSON & KIM OLSON OWNER NAME LR MOLSATHER & L D SALLEE
TAXPAYER MITCH & KIM OLSON
NAME/ADDR 3275 CARMAN RD
EXCELSIOR MN 55331
38 2011723140015
PROP ADDR 3300 CARMAN RD
OWNER NAME JOAN E NIELSEN
TAXPAYER JOAN ENIELSEN
NAME/ADDR 3300 CARMAN RD
EXCELSIOR MN 55331
38 2011723140025
PROP ADDR 2655 KELLY A VE
OWNER NAME J W EUGSTER & CM EUGSTER
TAXPAYER JACK EUGSTER/CAROLM EUGSTER
NAME/ADDR 2655 KELLY AVE
EXCELSIOR MN 55331
TAXPAYER LR MOLSATHER & L D SALLEE
NAME/ADDR 3285 CARMAN RD
EXCELSIOR MN 55331
38 2011723140016
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME VILLAGE OF ORONO
TAXPAYER CITY OF ORONO
NAME/ADDR PO BOX 66
CRYSTAL BAY MN 55323
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS T~ATE ONT
OF THE HENNEPIN COUNTYTAXPAYERSERVICES EPART¥£'NT_J_r O
OF MY KNOWLEOOE AND BELIEF. """7 1/J l,rl / -
DATE /-+-;v-~V~:;.0 BY
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f -~ Hennepin County t,,
Taxpayer Services Department
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arcel Information
Parcel ID 2011723140014
House Number 3295
Street Name CARMAN RD
20 ---
7"0
This is not a legally recorded map. It represents a compilation of information
and data from City, County, and State road authorities and other sources.
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HARDCOVER CALCULATION WORKSHEET
,LA (.'.M/.1/0 /
SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500'
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE '
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A. House ______ x
Width
Length Width
X
X
X
B. Garage X
C. Driveway X
-x
D. Sidewalk X
X
E. Patio/Deck X
X
·~ F. Landscape X
G.
Underlain X
By Plastic X
Or Fabric
Other X
TOTAL HARDCOVER IN -ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ B
X 100
X 100
500-1000'
S.F. ------
S.F. ------
S.F. ------______ S.F.
______ S.F.
S.F. ------______ S.F.
S.F. ------_____ S.F.'
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2.~'2... S.F. A ------
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S.F. B
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71-ioMAS Lowe: :-z~ ,,-'
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HARDCOVER CALCULATION WORKSHEET
C,,J-\,"ic,MAN
SETBACK ZONE: (CIRCLE ONE) 0-75' a.iI~1l) 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House
B. GJ4'ge
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
G. Other
Length
X
X
X
X
X
-X
X
X
X
X
X
X
X
. X
TOTAL HARDCOVER IN.ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
Width
=
X 100 -----
Width
=
=
=
X 100
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5HAR.RA TT DE.51GN & COMF ANY
T R A N s M T T A L
TO Melanie Curtis ADDRESS
COMPANY City of Orono
DATE 10/02/06 PHONE
PROJECT Lowe Variance FAX
SUBJECT Missing First Floor OTHER
VIA DESCRIPTION TRANSMITTED
US Mail Design Sketches / Notes For Your Information -------------
Fax Print Sets As Requested -------------
Courier Original Tracings Review & Comment -------------___ x __ Drop / Pick-up Specifications ----
Review & Approval ----
Air Shop Drawings Reference -------------
Over Night Samples Record -------------
Other Other Printing ----
ITEMS ACTION
1 Transmittal No Response Required ---------
-----Drawings/ Set ____ Respond
Letter Respond ASAP ---------
Notes I Memo -----____ Urgent
1 Total Sheets
NOTES
Melanie ,
Attached are 4 (24 X 36) copies and 3 ( 11x17) copies of the Lowe first floor plan to be inserted into the
documents that you received yesterday.
Kathy for Lissa
COPY TO: file E-MAIL: kraymond@sharrattdesign.com
BY : Kathy Raymond WEB: www .sharrattdesign .com
+6+ Second Street Ste l 00 E..xc e ls ior, MN 5 5 D l fhone : 952.+7 0 .9750 f aX: 952·+70·8-4-07
This communication may contain confidential information . Any use of the information contained within this document without the
permission of the intended recipient is prohibited . If received in error please destroy. Thank you.
·'
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LA11MAl-l Cove:
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CffiCLE ONE) ~ 75-250' 250-500'
EXISTING HARDCOVER IN ZONE
A . House
Length
B. Garage
C. Driveway
D . Sidewalk
E. Patio/Deck
X
X
X
X
X
X
X
X
• X
X
X
X
G. Other ______ x
TOTAL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE I
A _____ + B
PROPOSED HARDCOVER IN ZONE .
A . House
Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
,, F . Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
X
-X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN.ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ + B
Width
_____ x!OO =
Width
X 100
500-1000'
S.F. ------
S.F. ------
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S.F. ------
______ S.F .
S.F . •· ------______ S.F.
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CffiCLE ONE) 0-75' '1]-2§_\l) 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House _____ x _____ 2.660 S.F.-HOUSc
Length
X
X
X
8. G~ge X
C. Driveway X
X
D. Sidewalk X
X
E. Patio/Deck X
.. ·x
F. Landscape X
Underlain X
By Plastic X
Or Fabric
G. Other X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A. House _____ x
Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
,, F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
-X
X
X
X
X
X
X
X
X
TOTAL HARDC.OVER IN.ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ + B
Width
=
=
=
=
=
_____ xlOO =
=
Widlh
=
_____ x\00 =
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EXISTING
I
OHW-75' SETBACK ZONE,
Lot Area = 7,384.6± Sq. Ft.
Impervious Surfaces:
~
75' SETBACK-250' ZONE,
Lot Area = 15,445.5± Sq. Ft.
Impervious Surfaces:
7
I
I
I House = 168.0± Sq. Ft.
Decks = 479.3± Sq. Ft.
Cone. Stairs = 52.9± Sq. Ft.
House = 2927 .6± Sq. Ft.
Drive = 1993.2± Sq. Ft. ~
Decks = 85.9± Sq. Ft. . !
I
Boulder/Timber Ret. Walls = 282.7± Sq. Ft.
Rock Walk/Povers/Stumps = 42.8± Sq. Ft.
Totals:
I
Impervious Surface = 1,025. 7± Sq. Ft.
Ho.rd Cover = 13. 9±¼
~
I ENTIRE LOT·
Lot = 22,830.2± Sq. Ft.
I
Impervious Surfaces:
House = 3,095.6± Sq. Ft.
Drive = 1,993.2± Sq. Ft.
I
Decks = 565.2± Sq. Ft.
Brick Wolk/Cone. Stairs = 263.7± Sq. Ft.
Retaining Walls = 478.6± Sq. Ft.
Rock Wolk/Pavers/Stumps 42.8± Sq. Ft.
I Totals:
Impervious Surface = 6,439.1 ± Sq. Ft.
Hard Cover = 28.2± %
i
I
I
I
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• OHW 929.4 = Ordinary High Water
Boulder/Keystone Ret. Walls = 195.9± Sq. Ft.
Cone. Pod/Brick Wolk = 210.8± Sq. Ft.
Totals:
Impervious Surface = 5,413.4± Sq, Ft.
Ho.rd Cover = 35,0±¼
PROPERTY DESCRIPTION: Lots 175 and 176, TAYLOR'S SUBDIVISION OF
SPRING PARK LOTS, Hennepin County, Minnesota.
BENCHMARK: Spike in timber retaining wall at 1 Bell Street.
Elevation = 931.67.
I hereby certify that this survey, pion, or report was prepared by
me or under my direct supervision and that I om a duly registered
Land Surveyor under the lows of the State of Minnesota.
W. BROWN LAND SURVEYING, INC.
Woodrow A. Brown, R.L.S. MN REG 15230
Doted: August 23, 2006
105-06 100/32
'
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/
/
/
/
/
/
/
/
/
NOTE,
Scale 1 Inch 20 Feet
• Denotes Iron
Monument Found
o Denotes Iron
Monument Set
-946---
---946--
(946)
Proposed Elevations:
Proposed Contour
Existing Contour
Proposed Elevation
Garage Floor = (958.0)
First Floor = (958.5)
Basement Floor = (948.5)
Drainage swole to be graded in agreement with
adjoining lot to the south (Lot 177).
i --------7 PROPOSED
I
I
I
I
Lot >reo = 15,445.5± Sq. Ft.
Impervious Surfaces:
House = 3,024.0± Sq. Ft.
Deck = 190.o± Sq. Ft.
Drive = 1,586.B± Sq. Ft.
Retaining Walls = 66.8± Sq. Fl.
Walk = 150± Sq. Ft.
Totals:
OHW 75' SFTBACK ZONE·
Lot Area = 7,384.6± Sq. Ft.
House = 0.0 Sq. R.
Deck = 146.3± Sq. Ft.
Retaining Walls = 282.7± Sq. Ft.
Walk = 42.B± Sq. Ft.
Stairs = 52.9± Sq. Ft.
Totals:
Impervious Surface = 5,017.6± Sq. Ft.
Hord Cover = 32.5%
Impervious Surface = 524.7± Sq. Ft.
Hard Cover = 7.1%
I
I
I
I
I I
L_* Approxim=ume Of Dirt.:..: Moved = SH± Cu ~-d--J
W. BROWN LAND SURVEYING, INC.
8030 Cedar Avenue So., Suite 228.
Bloomington, MN 55425
Buse (952) 854-4055
Faxc (952) 854-4268
l?rawlnci: 17ate: B-23-2006
1 05-06 '.Scale: 1 Inch -20 Ft. 20f2
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06-3224
FILE # 06-3224
12 September 2006
Page 1 of 1
Mike Sharratt of Sharratt Design & Co. on behalf of Thomas and Rebecca Lowe, 3295
Carman Road
Since the drafting of the staff report the applicant has provided revised hardcover and
structural coverage calculations. The applicant is requesting lot area and hardcover
variances in order to construct a new home on an existing lot on Carman Road. The
existing home on the property encroaches into the required l 0' side setback, exceeds
the City's l 5% structural coverage level, and the property has hardcover in excess of
25% within the 75' -250' zone.
The applicant is proposing to construct a new home in a similar location as the existing
home but will remove a side setback encroachment, and will be conforming with respect
to structural coverage at 14.8% however the applicant is requesting the hardcover
variance to allow 4,005 s.f. or 40.8% hardcover where 25% is normally allowed stating
the unique shape of the lot is a hardship.
VV r;Htfl
Engineer Comments (,
I have not yet received Tom Kellogg's comments on the applicant's revised plan;
however during a conversation today he indicated to me that he has concerns with the
lake side patio and lowest floor elevation (945') and the proposed grade lakeside
elevation (946. 5 '). His concern is that the lowest floor and patio are l ½' below the
grade at the lake side of the house. He felt that the applicant should address the
potential for l ½ feet of water to stand in this area without the potential to drain
overland away from the house.
Staff Recommendation: Planning Department Staff recommends approval of the lot
area variance and approval of some level of hardcover variance as the Planning
Commission deems appropriate along with a grading and drainage plan which meets the
City Engineer's approval.
1
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
SIIIU
newspapers
AFFIDAVIT OF PUBLICATION
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as _______ S_u_n_-S_a_i_lo_r _____ _,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn . Stat. §331 A.02, §331 A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ...Q!J§_ successive week(s); it was first published on Thursday, the _7_ day
of September , 2006, and was thereafter printed and published on every Thursday
to and including Thursday, the __ day of ______ , 2006; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl -
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefg hij klmnopqrstuvwxyz
BY ,~
Subscribed and sworn to or affi r med before me
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allow ed by law
(3) Rate actuall y charged
$ __ __,2=·=85"--"'p=e,...r ""lin=e
$ __ ----'6=·=20,,,__.,_p=e,...r l""in=e
$ ____ 1 _.3_0_p~e~r~l'~1n~e
·,;,~~~~~
~ ~ -.~ . ~~~t~ki~~;J
"!, ' J".
Michael P. Gaffron , Planning Director
Published in •the -Sun Sailor on Sept~n,ber 7 ,,2006.
Po sted at: · O'r6no Ci ty Offices
Crystal Bay Post Office
Long l)3 ke'Post ·o~ice ·, ..
(Sept . 7,
0
2006)~9~1 8~06 hrgs
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #06-3224, was mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand ands al this 8th day of September, 2006.
Denise M. Leskinen
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, September 18, 2006, beginning at 6:00 p.m. on the matter of reviewing the
following land use applications:
#06-3211
#06-3224
#06-3225
#06-3226
#06-3228
#06-3229
#06-3230
Ted Capra, 3534 Ivy Place, LR-1 C zoning district, requests a hardcover variance with in
the 75' -250' zone to allow 31.7% hardcover where 25% is normally allowed in order to
build a new residence on the property.
Sharratt Design on behalf of Thomas & Rebecca Lowe, 3295 Carman Road, LR-1 B
zoning district, requests the following in order to construct a new home: Lot area
variance to allow new construction on a property 0.43 acre in area where 1.0 acre is
normally required ; and hardcover variances within the 0-75 ' zone for 2.28% where 0%
is normally allowed, and within the 75' -250' zone for 41.78% where 60.49% cunently
exists and 25% is normally allowed.
David Carlson on behalf of 87 5 WB W, LLC ., owner of 875 Wayzata Boulevard, RR-1 B
zoning district, requests rezoning of the property to RPUD Residential Planned Unit
Development, and requests RPUD site plan and preliminary plat approval for a 9-unit
residential development on this 10.4-acre site.
Edward and Nancy Kay Bierman, 505 Ferndale Road North , RR-lB zoning district,
request a side setback variance for the existing garage, which was inadvertently
constructed with a 21 foot setback when a 30 foot setback is required.
Rick and Kristine Sterling, 1300 Vine Place, LR-lB zoning district, request an average
lakeshore setback variance to construct an addition (to the street side of the house) that is
forward of the average lakeshore setback; a variance to construct a garage addit ion 2 5
feet from the right of way of Vine Place when a 30 foot setback is required; a variance to
construct the garage addition 9 .1 feet from the side property line when a 10 foot setback
is required; and a hardcover variance to allow 31.9 % hardcover in the 75 to 250 foot
zone when 25% is permitted .
Timothy & Cherrie' Peterson, 560 Big Island, RS zoning district, request renewal of
variances granted in 2004 to allow construction of a seasonal cab in on an existing vacant
lot consisting of3 .33 acres total lot area where approximately 1.1 acres of dry buildable
area e x ists and where 5 acres of dry buildable area is normally required.
Superior Design Landscapes Inc., on behalf of Bob & Laurie Emfield , 4203'North Shore
Drive, LR-1B zon ing district, requests after-the-fact conditional use permit a pproval
to conduct land alterations within 75 feet of the shoreline for a lake access stairway .
#06-3231
#06-3232
#06-3233
William S. Dampier, 3550 Ivy Place, LR-lC zoning district, requests a side setback
variance to construct an addition to the lake side of the house to be located 5 feet from the
south property line when a 10 foot setback is required, and a lot coverage variance to
allow 17.4 percent of the lot covered by buildings when the maximum is 15 percent.
Sharratt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning
district, requests a 0-75' zone hardcover variance to allow 7 .1 % hardcover where 13 .9%
currently exists and 0% is normally allowed, and a 7 5' -25 0' zone hardcover variance to
allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction
with the construction of a new single family home.
Fritz Wright on behalf of St. Edward's Church, 865 Ferndale Road North, RR-1B
zoning district, requests a conditional use permit amendment in order to conduct land
alterations in excess of 500 cubic yards on the property.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
City of Orono by September 13, 2006 if possible. Plans are available for review in the City Offices and
all interested persons are encouraged to contact the City for further information. For an appointment,
please call (952) 249-4600.
To be published in the Sun Sailor on September 7, 2006.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Impression antibourrage et a sechage rapide
Utilisez le gabarlt 5160®
2011723140011
D Mark Hector
Bonnie K Bohn-Hector
3265 Carman Rd.
Excelsior, MN 55331
2011723140014
Thomas P Lowe
3295 Carman Rd.
Excelsior, MN 55331
2011723140025
Jack Eugster & Carol M Eugster
2655 Kelly Ave.
Excelsior, MN 55331
-
2011723140012
www.avery.com
1-80() .. GO-AVERY
Mitch Olson and Kim Olson
3275 Carman Rd.
Excelsior, MN 55331
2011723140015
Joan E Neilsen
3300 Carman Rd.
Excelsior, MN 55331
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2011723140013
L R Molsather & L D Sallee
3285 Carman Rd.
Excelsior, MN 553431
2011723140017
Marilyn H McClaskey
PO Box 6
Minnetonka Beach, MN 55361
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~-10-06
(941.6)
LAKE
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8; BLOCK 1,
HENNEPIN COUNTY,
CARMAN COVE
MINNESOTA
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CARMAN'S BAY LEGAL DESCRIPTION OF PREMISES
Lot 8, Block 1, CARMAN COVE
PROPOSED ELEV A TIONS
1) Garage = I 956.5 I
2) Top of foundation = !956.8!
3) Basement == 1946.75!
DESCRIPTION
REVISE[!. HOUSE SHOWN,.WITH ADDITIONS, REVISED DRIVEWAY, REVISED "GRADES,
~ HARDCOVER REMOVED ECO
o : denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
I 910.8 I : denotes proposed spot elevation, mean sea level datum
---917-denotes existing contour line, mean sea level datum
~: denotei proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above describeq
property, the location of an existing house, and all visible
"hardcover", and the proposed location of several proposed
additions thereon. It does not purport to show any other
improvements or encroachments.
GRONBE.RG AND
ASSOCIATES, INC.
CONSUL TING ENGINEE:RS, LAND
I hereby certify that this plan, specification, or report w.as
prepared by me, or uncier my tjirect supervision, anci that
I am a ciuly licensed professional enginner anci land
surveyor under the laws of the State of Minnesota
SCALE
1"=20'
DATE
2-1-06
CHECKED1----1-----1-----~-------------------1 SURVEYORS, & SITE PLANNERS I _ ~~4 .,/~ I _ JOB NO.
~445 NORTH WILLOW DR. LONG LAKE, MN. 55~5b Mark S. Gronberg MN Lie. No. 12755 Date P-, & 'Cl,< 06-023A MSG 952-47~-4141 ·
06-023A
DATE
9
EXISTING
HOUSE
#3300
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
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CARMAN
ROAD~
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#3285
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MINNETONKA
CARMAN'S BAY
DESCRIPTION
LEGAL DESCRIPTION OF. PREMISES
Lot 8, Block 1, CARMAN COVE,
o : denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
---917---: denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed dotum.
This survey shows the boundaries of the above described
property, the location of an existing house, and the location
of all visible "hardcover" thereon. It does not purport to
show any other improvements or encroachments.
I hereby certify that this plan, specification, or report was
f~":.'1..~~~~s':ciu~r..:ro~~~rt.=:~~nia~d lhat
ECD • CONSULTING ENGINEERS,
1----11----.. ---'------------------1 LAND SURVEYORS,
surveyor under the laws of the State of Minnesota
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2-1-0 $.GRONBERG AND
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ASS O C I ATES, I NC.
CHECKED AND SITE PLANNERS ~ &...,//~ I JOBNC
MSG 45 NORTH WILLOW DR. LONG LAKE, MN. 5 Mar1< S. Gronberg MN Lie. No. 12755 Date z,,-I -t:U[ 06-02,
952-473-4141 · '
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CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8,
HENNEPIN
BLOCK 1,
COUNTY,
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PROPOSED ELEVAT~NS
1) First floor = I 955.0 I
2) Basement = !945.0!
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LEGAL DESCRIPTION OF PREMISES
Lot 8, Block 1, CARMAN COVE
o : denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
!910.8!: denotes proposed spot elevation, mean sea level datum
---917---: denotes existing contour line, mean sea level datum
--{]QI]-: denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described
property, the location of all visible "hardcover", and the
proposed location of a proposed house thereon. It does not
purport to show any other improvements or encroachments.
lESIGNED,REVISIOt,I DATE
D;~~N L_, _ __J__•_:_':_-:_:-ll-:_:~_,!~_e~-~~-~~-!e_e:_se~_i~_~_"w_,r_"_A_oo-,r,_o"_~_E"s_,.~_,:_e
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JOB NO.
:,t_ __ ..L ___ .J_ ____________________ 7 445 NORTH WILLOW DR. LONG LAKE, MN. 553561 Mark S. Gronberg MN Lie. No. 12755 Date.______ 06-0238
952-473-4141
I hereby certify that this plan, specification, or report was
prepared by me, or under my direct supervision, and that
I am a duly licensed professional enginner and land
surveyor under the laws of the State of Minnesota
SCALE
1"=20'
DATE
2-1-06
6-0238
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: 'On·betialf·Of..Tom and 'Rebecca l~we.; ·we, are:w,ithci~~.wi_ng Applic~tion,#06'73224 '
. •'from'the Pianni,ng Commission.agenda fo'r Mond~y night/August 21s1: "We' will. ·. :,·:
· · re;_submit tbe c;tpplication or-, Auglist 23t.d for consideration ·at the September: :1 attr,--·
'2006 ·PlaHning Cc>"rnmission m~eting, . . . . . . , . . .
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Date Application Received: 07-19-06
Date Application Considered as Complete: 08-10-06
60-Day Review Period Expires: 10-10-06
To:
From:
Date:
Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
Melanie Curtis, City Planner {V\ CJ
August 14, 2006
FILE# 06-3224
14 August 2006
Page 1 of 5
Subject: 06-3224, Mike Sharratt of Sharratt Design & Co. on behalf of Thomas and
Rebecca Lowe, 3295 Carman Road
• Lot Area, Lot Coverage & Hardcover Variance Request
• Public Hearing
Zoning District:
Lot Area:
Lot Width:
LR-1B, One Family Lakeshore Residential, 1-acre, 140'
19,917 s.f. or 0.45 acre
147' @ OHWL / 114' @ 75' setback
Application Summary: The applicant is requesting lot area and 75 ' -250 ' hardcover
variances to allow construction of a new home on a lot 0.45 acre in area where 1.0 acre is
required and to allow 4,091 s.f. or 42% hardcover where 25% is normally allowed . The
proposed home exceeds 15% therefore a structural coverage variance is requested as
well.
Staff Recommendation: Planning Department Staff recommends approval of the lot area
variance and approval of some level of hardcover variance as the Planning Commission
deems appropriate along with a grading and drainage plan which meets the City
Engineer's approval. The plans should be revised to reflect a 30', 2½ story home. Finally,
staff recommends denial of the 0.2% overage in structural coverage.
Pertinent Zoning Ordinance Sections
✓ Sec. 78-1. Definitions.
Building height means the vertical distance between the highest adjoining ground level at the
building or ten feet above the lowest ground leve l, whichever is low er., and the top of the cornice
of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other
arch-type roof, or the median height of the highest gable of a pitched or hipped roof
Topographic changes which elevate the adjoining ground level above the existing terrain shall
not be considered in determining building height. For a pitched or hipped roof situation,
regardless whether the highest living space in a building is a half-story orfall story, if the highest
living space contains windows (excluding skylights) the upper measuring point for defining
building height shall be the median height of the top of the highest window and the highest peak
of the roof
Half story means the uppermost floor of a building in which (i) the intersection of the exterior
wall and the roof is not more than three feet above the floor elevation, and (ii) not more than 60
. percent of the floor area within the exterior walls of the uppermost floor exceeds jive feet in
height as measured from the floor to the rafters. Floors exceeding these param eters shall be
1
FILE# 06-3224
14 August 2006
Page 2 of 5
deemed a full story.
2000 International Building Code Definition:
Story Above Grade. Any story having its finished floor surface entirely above grade, except that
a basement shall be considered as a story above grade where the finished surface of the floor
above the basement is:
• More than 6 feet (1829 mm) above grade plane.
• More than 6/eet (1829 mm) above the finished ground level/or more than 50 percent
of the total building perimeter.
• More than 12 feet (3658 mm) above the finished ground level at any point.
✓ Sec. 78-330. Area, height, lot width and yard requirements.
✓ Sec. 78-1288. Hard cover limitations.
✓ Sec. 78-1403. Lot coverage.
In all zoning districts, for all lots of 0--1.99 acres in total area, the total
combined footprint areas of all principal and accessory structures shall not
exceed 15 percent of the lot area. Exception: Regardless of lot area, every
developed lot shall be allowed at least 1,500 square feet of lot coverage by
principal residence and garage structures. The following shall be included in
calculation of lot coverage by structures:
(]) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when
partially or fully enclosed by fences, railings or walls which extend more than six
feet above grade level (If any portion of such structures extends more than six
feet above grade level, the entire structure shall count toward lot coverage).
(3) Building protrusions which are more than six feet above grade, including
the building footprint, and the vertical projection of any parts of the building
more than six feet above grade.
(4) Bays or bay windows that increase the floor area (i.e., floor to ceiling)
shall be considered lot coverage. Bays or bay windows that act solely as a
window shall not be considered lot coverage.
(5) All but the outer two feet of roof overhangs shall be included in the
calculation of lot coverage.
List of Exhibits
Exhibit A -
Exhibit B -
Exhibit C -
Exhibit D -
Exhibit E -
Exhibit F -
Exhibit G -
Exhibit H -
Exhibit I -
Exhibit J -
Exhibit K -
Background
Application
Hardship Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Submitted Hardcover Calculations
Additional Application Submittals
City Engineer Memo dated 08-16-06
Letter from Neighbor
Structural Engineering Opinion dated 06-29-06
Property Owners List
Plat Map
The applicant is requesting lot area and a hardcover variance in order to construct a new
home on an existing lot on Carman Road. The existing home on the property encroaches
2
FILE# 06-3224
14 August 2006
Page 3 of 5
into the required 10' side setback, exceeds the City's 15% structural coverage level, and
the property has hardcover in excess of 25% within the 75' -250' zone. The applicant is
proposing to construct a new home in a similar location as the existing home but will
remove a side setback encroachment, however the applicant is requesting a lot coverage
variance based on the footprint of the existing home and a hardcover variance stating the
unique shape of the lot as a "reverse pie shape" is a hardship.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lB Lot Area Lot Width
Required 43,560 s.f. ( 1.0 acre) 140'
Actual 19,917s.f. (0.45acre) 147' (a) OHWL / 114' (a), 75' setback
Setbacks:
LR-lB ReQuired Proposed
Rear 30' 35'
West Side IO' 16.3'
East Side 10' 14.6'
Lakeshore 75' 85'
Average Lakeshore With the exception of the deck stair, the proposed home meets the average
lakeshore setback.
Structural Coverage:
Total Lot Area Total Structural Coverage
19,917s.f. (0.45acre) Allowed: 2,987 s.f. (15%)
Existing: 3,105 s.f. (15.5%)
Proposed: 3,044 s.f. (15.2%)
Hardcover Calculations:
Hardcover Zone Total Area in Allowed Existing
Zone Hardcover Hardcover
0 75 I 0, 170 s.f. 0 s.f s.f. *
(0%) (%)
75 -250 9,810 s.f. 2,452 s.f. s.f.*
(25%) (%)
* After exclusion of fabric or plastic-lined landscape beds
Hardcover Variance
Proposed
Hardcover
232 s.f.
(2.3%)
4,091 s.f.
(42%)
The applicant is requesting a hardcover variance to accommodate a 3,044 s.f. home
including a new deck and porch; where a 3,105 s.f. home currently exists. While the
applicant is reducing the overall structural lot coverage and hardcover; staff feels that
there may be further reductions to the plan which could result in meeting the 15% lot
coverage amount. The proposed three car garage, retaining walls, additional driveway
3
width are all impacting the level of hardcover on this property.
Lot Area Variance
FILE # 06-3224
14 August 2006
Page 4 of 5
The property is an existing lot of record, served with City sewer and water and located
within a neighborhood of similarly sized properties. Historically, lot area variances are
granted in this situation on a consent basis provided all other City requirements are met.
Hardship Statement
Applicant has completed the Hardship Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in
the surrounding area. The Planning Commission shall consider recommending approval for variances
from the literal provisions of the Zoning Code in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under consideration, and
shall recommend approval only when it is demonstrated that such actions will be in keeping with the
spirit and intent of the Orono Zoning Code.
Staff finds that regarding lot area there is historical justification to grant a variance,
however the overage in structural coverage resulting excess hardcover cannot be
supported by staff. The structural footprint of the proposed home should be reduced to at
least 15%, and subsequently the hardcover will be reduced. The stair on the proposed
deck could be reoriented or changed to meet the average lakeshore setback, as well as
reduce the structural and hardcover levels. Additionally, as stated above there are
elements of this proposal which could be revised or eliminated to reduce the proposed 75'
-250' hardcover.
Issues for Consideration
1. The home as proposed has two stories, plus a walk-out story including a sub-
garage below the garage. We have reviewed the plans with respect to the number
of stories, the existing grade and grading plan and it appears that the home as
proposed is a three story home. What is the Planning Commission's interpretation
of the City's building height definition (listed above), the site grading and the
definition of "story above grade" with respect to this plan?
2. Is the unnatural grading along the eastern side of the home merely to
accommodate the side entry sub-garage? The Engineer has called out specific
issues with the proposed retaining walls; in light of the issues regarding the
grading, existing terrain, and number of stories should this feature be eliminated?
We are seeing this lower level garage door access on more and more homes.
Lately, however, they are placed along side the house rather than facing the lake.
This may be aesthetically less intrusive, but requires retaining walls, and exposes
enough of the foundation to technically make the basements into stories based on
our interpretation of the codes. This topic may deserve further discussion ...
4
FILE# 06-3224
14 August 2006
Page 5 of 5
3. The stair for the lakeside deck encroaches into the average lake shore setback. Are
views of the lake from adjacent properties impacted by the stair encroachment?
Should the stair or deck be revised so that it meets the average lakeshore setback?
4. Are there any other issues or concerns with this application?
Staff Recommendation
Planning Department Staff recommends approval of the lot area variance and approval of
some level of hardcover variance as the Planning Commission deems appropriate along
with a grading and drainage plan which meets the City Engineer's approval. Staff also
recommends the plans be revised to reflect a home meeting the City's height
requirements. Finally, staff recommends denial of the 0.2% overage in structural
coverage.
The plans should be revised to address the City Engineer's recommendations.
5
5HARM TT DESIGN & COMF ANY
T R A N s M T T A L
TO Melanie Curtis ADDRESS
COMPANY City of Orono
DATE 09/06/06 PHONE
PROJECT Lowe Home FAX
SUBJECT Variance material OTHER
VIA DESCRIPTION TRANSMITTED
US Mail Design Sketches / Notes For Your Information
Fax X Print Sets X As Requested
Courier Original Tracings X Review & Comment
X Drop / Pick-up Specifications Review & Approval
Air Shop Drawings Reference
Over Night Samples X Record
Other Other Printing
ITEMS ACTION
1 Transmittal No Response Required
4x9 Drawings / Set X Respond
Letter Respond ASAP
Notes/ Memo Urgent
1 Total Sheets
NOTES
Melanie,
Enclosed please find 2 full sized copies of the Lowe plans as well as 2 half sized scaled copies. The
plans have been revised to reflect a minimum of 50% of the basement level of the home below grade.
I have also attached a letter to you outlining that information.
Please feel free to give me a call with any questions, and as always, thank you for your help and
patience!
Thanks,
Lissa
COPYTO: file E-MAIL: ltenuta@sbarrattdesign.com
BY: It WEB: www.sbarrattdesig:n com
+6+ Second Street Ste 1 00 E.xcelsior, MN 5 5;; l fhone: 952.+70.9750 Fax: 952.+70.s+o7
This communication may contain confidential information. Any use of the information contained within this document without the
permission of the intended recipient is prohibited. If received in error please destroy. Thank you.
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #06-3224, was mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto '2Z~~ay of Au~, 2006.
Denise M. Leskinen
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, August 21, 2006, beginning at 6:00 p.m. on the matter ofreviewing the following
land use applications:
#06-3191
#06-3195
#06-3210
#06-3211
#06-3212
#06-3215
Karen Feyo, Mark Fuller, and Stacy Hakaya, 4055 Elm Street, LR-lB zoning district,
request lot area and width variances to allow construction of a new house on a lot that is
0.44 acres in area and 120 feet wide when 1 acre and a lot width of140 feet are required.
Thomas H. Parker, 1348 Rest Point Circle, LR-lB zoning district, requests lot width
and lot area variances in order to construct a new residence on a property 13,703 s.f.
(0.31 acre) in area and 70' at the OHWL and 65' at the 75' setback where 43,560 s.f. (1.0
acre) in area and 140' in width are required. A 75' -250' hardcover variance is also
requested in order to have 38.7% hardcover where 25% is normally allowed in
conjunction with the construction of a new home.
Steven Webster and Kent Larson, 500 & 540 Orono Orchard Road South, RR-lB
zoning district, request a subdivision of a lot line rearrangement to allow for a new
driveway access to Orono Orchard Road for the 540 property. Also proposed is a
vacation of the 12-foot wide alley located within Block 13, Minnetonka Bluffs, from
Dickenson Street to Fox Street.
Ted Capra, 3534 Ivy Place, LR-1 C zoning district, requests a hardcover variance within
the 75' -250' zone to allow 31.7% hardcover where 25% is normally allowed in order to
build a new residence on the property.
Hempel Properties, NW corner of Willow Drive and Highway 12 (OutlotA, Stonebay),
PIN #33-118-23-11-0060, RR-1 B zoning district, requests a commercial site plan review,
rezoning, comprehensive plan amendment, and subdivision in order to develop a 2-story
office building and a I-story retail building on this 3.7 acre site.
Todd and Michelle Schaible, 1450 Cherry Place, LR-1B zoning district, request the
following variances to allow construction of an addition to the street side of their
residence: Hardcover variances to allow 25% hardcover in the 0-75 foot zone where no
hardcover is allowed and to allow 36% hardcover in the 75-250 foot zone where 25% is
allowed; an average lakeshore setback variance to place the addition closer to the lake
than the average lakeshore setback; and a structural lot coverage variance to have 15 .83 %
of the lot covered by structures when 15% is allowed.
#06-3216
#06-3219
#06-3220
#06-3221
#06-3222
#06-3223
#06-3224
#06-3225
John Holm, 1485 Bay Ridge Road, LR-lA zoning district, requests a renewal of a side
setback variance granted in 2003 in order to construct an attached garage addition IO'
from the side lot line where a 30' setback is normally required.
Edson W. Spencer, 1135 Spring Hill Road, LR-IA zoning district, requests approval of
a Class II subdivision to create one additional residential building lot.
Herb Baldwin on behalf of Jule and Elizabeth Hannaford, 1220 Bracketts Point Road,
LR-]A zoning district, requests 0-75' and 75'-250' zone hardcover and lake setback
variances in order to rebuild an existing deck on the property resulting in a net reduction
of hardcover in both zones.
Sean and Nicolie Wheeler Hendrickson, 1580 Long Lake Boulevard, LR-IA zoning
district, request the following variances in order to construct a replacement residence: Lot
width and area variances for a lot that is 99.39 feet wide and 8,910 square feet in area
when a width of 200 feet and two acres is required; a structural lot coverage variance for
a structure of 1,673 square feet when 1,500 would be allowed; setback variances to allow
a front setback of30 feet when 50 feet is required, side setbacks of 6.0 feet and 11.3 feet
when 30 feet is required and a rear setback of 34 feet when 50 feet is required; and
hardcover variances to allow 27.31 % hardcover in the 75 -250 foot zone when 25% is
allowed and 50.92% hardcover in the 250 -500 foot zone when 30% is allowed.
Michael J. Pudil, 2414 Carman Street, LR-1 C-1 zoning district, requests vacation of
utility easements that cross the property to allow construction of an addition to the
existing residence.
Michael and Stachia Fey, 1570 Long Lake Boulevard, LR-IA zoning district, request
the following variances in order to construct a replacement residence: A lot area of 0.34
acre when two acres is required; a lot width of 102 feet when 200 feet is required; a front
setback of 43 feet when 50 is required; a rear setback of30 feet when 50 is required; a 22
foot setback from the east property line when a 30 foot setback is required; a 21 foot
setback from the west side property line when a 30 foot setback is required; and 36.6%
hardcover in the 250 to 300 foot zone when the maximum is 30%.
Michael Sharratt of-Sharratt Design & Co., on behalf of Thomas & Rebecca Lowe, 3295
Carman Road, LR-IB zoning district, requests the following in order to construct a
new home: Lot area variance to allow new construction on a property 0.43 acre in area
where 1.0 acre is normally required; and hardcover variances within the 0-75' zone for
2.28% where 0% is normally allowed, and within the 75' -250' zone for 41.78% where
60.49% currently exists and 25% is normally allowed.
David Carlson on behalf of 875 WBW, LLC., owner of 875 Wayzata Boulevard, RR-1 B
zoning district, requests rezoning of the property to RPUD Residential Planned Unit
Development, and requests RPUD site plan and preliminary plat approval for a 9-unit
residential development on this I 0.4-acre site.
All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
2
City of Orono by August 16, 2006 if possible. Plans are available for review in the City Offices and all
interested persons are encouraged to contact the City for further information. For an appointment, please
call (952) 249-4600.
City of Orono
By: Planning Commission a
?--1,._f? ;#J_
To be published in the Sun Sailor on August I 0, 2006.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
3
RUN DATE: 7/24/1006
38 2011723140011
lOP ADDR 3265 CARMAN RD
.VNl'R NAME D M HECTOR & BK BOHN-HECTOR
\XPAYER
'\Ml'/ADDR
D MARK HECTOR
BONNIE K BOHN-HECTOR
3265 CARMAN RD
EXCELSIOR MN 55331
38 2011723140014
WP ADDR 3295 CARMAN RD
\VNER NAME T PLOWE & RA LOWE
<\XPAYER THOMAS PLOWE
AMEIADDR 3295 CARMAN RD
EXCELSIOR MN 55331
38 2011723140017
ROP ADDR 2693 KELLY AVE
WNER NAME MARILYN H MCCLASKEY
AXPAYER MARILYN H MCCLASKEY
AMEIADDR PO BOX6
MINNETONKA BEACH MN 55361
f1JJ -.4~~ ~~
HENNEPJN COUNTY PROPERTY lNFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723140012
PROP ADDR 3275 CARMAN RD
OWNER NAME MITCH OLSON & KJM OLSON
TAXPAYER MITCH&KIM OLSON
NAME/ADDR 3275 CARMAN RD
EXCELSIOR MN 55331
38 2011723140015
PROP ADDR 3300 CARMAN RD
OWNER NAME JOAN E NIELSEN
TAXPAYER JOAN ENIELSEN
NAME/ADDR 3300 CARMAN RD
EXCELSIORMN 55331
38 2011723140025
PROP ADDR 2655 KELLY AVE
OWNER NAME J W EUGSTER & C M EUGSTER
TAXPAYER JACK EUGSTER/CAROL M EUGSTER
NAME/ADDR 2655 KELLY AVE
EXCELSIOR MN 55331
38 2011723140013
PROP ADDR 3285 CARMAN RD
OWNER NAME LR MOLSATHER & L D SALLEE
TAXPAYER
NAME/ADDR
LR MOLSATHER & L D SALLEE
3285 CARMAN RD
EXCELSIOR MN 55331
38 201l7231400]6
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME VILLAGE OF ORONO
TAXPAYER CITY OF ORONO
NAME/ADDR PO BOX 66
CRYSTALBAYMN 55323
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUEREPRESENTATIONOFINFORMATION AS IT APPEARS THI. ,S-D.ATE9N~TI-!E RECORD. S.
OF THE HENNEPIN COUNTY TAXPAYER SE0RVICES EPART¥ENT, 0 EB~ --+-----_.
OFMYKNOWLEDGEANDBELIEF. "7 1/J · · rr,/~ ( // ! J /// ~ ~-~
DATE I 1 {_,.. U)::; BY ·1 / -· //(,._j ·· . ·
, , i . (
PAGE: I
STATE OF MINNESOTA)
ss .
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an 08'
nancial Officer of the newspaper known as __ :(t;~
f''at'
and has full knowledge of the facts stated below,_ig;.f n s ·
(A) The newspaper has complied with all of the (~
qualified newspaper, as provided by Minn. S~
able laws, as amended.
(8) The printed public notice that is attached
week, for~ successive week(s); it wa
of August , 2006 , and was thereaft '
to and including Thursday, the __ day o
a copy of the lower case alphabet from A to
edged as being the size and kind of type us _·
notice:
Subscribed and sworn to or affirmed before
e
(1) Lowest classified rate paid by commercial
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
CIUN ----=---=== -::::::::::::::== -----------newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi-
nancial Officer of the newspaper known as _______ S_u_n_-S_a--'-i_lo_r _____ _,
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic-
able laws, as amended.
(8) The printed public notice that is attached was published in the newspaper once each
week, for __Q[J§__ successive week(s); it was first published on Thursday, the _1Q_ day
of August , 2006, and was thereafter printed and published on every Thursday
to and including Thursday, the __ day of _____ , 2006; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
abcdefghijklmnopqrstuvwxyz
BY'~
Subscribed and sworn to or affirmed before me
~~~atit--
MARY ANN CARLSON
NOTARY PUBLIC-MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ __ __,2=·=85"'-"'p=e,_r l=in=e
$ ------'6=·=20"-"'p=e,_r l=in=e
$ ___ 1~-~30__,_p=e~r =lin=e
f",f5
)ESIGNS: REVISIO DATE
DRAWN
ECO
CHECKED
MSG
9
LAKE
EXISTING
HOUSE
#3300
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
,,----,
CARMAN
ROAD"--
-,
I
EXISTING
HOUSE
#3285
MINNETONKA
CARMAN'S BAY
""" Wi:>od.stal~tolalce
Woodstepg&wall@~
Stonerai.Wngwal!
Brickbolder
Totalpropert)'amalnzone:
Totalllardcoverln:iona:
= Ho,~ ., ...
A/C"' sllli,r;&landlngne>:.ttopon:h
Brldr::Border
Blackl11p.drivewe:y
Ccllaet.apronlwall(
Pava,walk -s10m1rat.alnlrlvwalls
Tolalpn:1P.eltyate.ail'lzone:
T<1talhardeowrinZ0110.:
232.00
""'' .....
20.00 ~
10,110.00 ,.,..
2,868.00
237.00 , ..
"'" , ... ,,..,
109.00 .... .,
◄0.00 <l.~::
9,810.00
45..83%
DESCRIPTION
LEGAL DESCRIPTION OF. PREMISES
Lot 8, Block 1, CARMAN COVE
0 : denotes iron marker
(908,3): denotes existing spot elevation, meon sea level dotum
---917---: denotes existing contour line, mean sea level datum
Bearings shown are based upon on assumed dati..im.
This survey shows the boundaries of the above described
property, the location of an existing house, and the location
of all visible "hardcover" thereon. It does not purport to
show any other improvements or encroachments.
-$.: GRCINBERG AND I hereby certify that this plan, specification, or report was
rrepared by me, or under my dlrec:t supervision, and that ASSOCIATES, INC. am a duly licensed professional englnner and land
C □NSULTINtll ENtlllNEERS, surveyor. under the laws of the State of Minnesota
LAN □ SURVEYORS, ..,j, i/ ,j / ANO SITE PLANNERS
5 NORTlt WILLOW DR. LONG LAKE, MN. 55"°' Mirk S. Gronberg MN Uc. No. 12755 Date Z..-t_-(2.6: . 852-473-4141
SCALE
1"=20'
"--.DATE
2-1-0 .___
JOB NC
06-02,
August 10, 2006
City of Orono
2750 Kelly Parkway
Orono, MN 55356
Attn: Melanie Curtis
GRONBERG & ASSOCIATES, INC.
SURVE;YING, ENGINEERING AND LAND PLANNING
445 N. WILLOW DRIVE
LONG LAKE, MINNESOTA 55356
952-473-4141
FAX: 952-473-4435
On the Thomas Lowe application 06-3224 for 3295 Carman Road we calculated 120
cubic yards of cut and 5 cubic yards of fill for a take out of 115 cubic yards.
Sincerely,
Gronberg & Associates, Inc.
~_/~~
Mark S. Gronberg, P.E. & L.S.
Existing Hardcover Calculations
Q::Zli'.
Wood stairway to lake 232.00
Wood steps & wan @ swing 30.00
Stone retaining wall 50.00
Brick border ~
332.00
Total property area in zone: 10,170.00
Total hardcover In zone: 3.26%
~
House 2,868.00
Porch 237.00
NC pad 3.00
Steps & landing next to porch 63,00
Brick Border 3,00
Blacktop driveway 596.00
Concrete apron/walk 109.00
Paver walk 460.00
Deck 48.00
Stone retaining walls 109.00
~
Total property area In zone: 9,610.00
Total hardcover In zone: 45.83%
•HardCOVef calculaUona laken from the worksheet
p,aparadby Gronberg &Associates, Inc.
Q
'-'
Proposed Hardcover Calculallons
!l::ZQ'.
Wood stairway to lake
Wood steps & wall@'swing
Stone retaining wall
Brick border
Tot.al property area In zone:
Total hardcover In zone:
~
House & garage
Porch
NC pad
Steps & landing next to porch
Brick Border
Blacktop driveway
232.00
0.00
0.00
0.00
~
10,170.00
2.28%
2,820.00
78.00
aoo
0.00
0.00
870.00
CERTIFICA.fE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
TOP OFA
HYDT"\J
=(958.15)
,,,,,-Concrete apron/walk
Paver walk
Deck
Stone retaining walls
Front walkway
Back stair-
Total property area In zone:
Total hardcover In zone:
0.00
o.oo
102.00
110.00
61.00
~
4,099.00
9,610.00
41.78%
CORNER FALLS IN STON
RETAINING WALL CARMA~
ROAD .........
EXISTING
HOUSE
#3300
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DATE
Q ...,
·:-;
CERTIFICATE OF SURVE;.Y FOR
THOMAS P. LOWE
OF La°T, $, ··B'LOCK 1·, CARMAN· COVE
EXISTING'
HOUSE
#5500
/<.,
,1::)1::>
b'O
":>Cb
~
HENNEPiN COUNTY, MINNE SOT A
C0ANER FAU.$ IN $TOI
RETAINING WA!.l.
/
EX1STING
~%,$~
:(958,IS)
I
16/
;~.
\
\
\
\
\
HOUSE
#5295
CARMAN
ROAD
I/
~~
;;:{f:i --
'\
"~ \
"'\ \ C '\
\_C\J \
If?-\
0 '\
::it \
\
I
\
'
7
I
EXISTING
HOUSE
#5285
LAKE
MINNETONKA
CARMAN'S BAY
DESCRIPTION
LEGAL DESCRIPTION OF PREMISES
Lot 8, Block 1, CARMAN COVE
o : denotes iron marker
(908.3} : denotes existing spot elevation, mean sea level datum
---917---: denotes existing contour line, mean sea level datum
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described
property, the location of an · existing house, and the location
of oil visible "hardcover" thereon. It does not purport k,
show any other improvements or encroachments.
I hereby certify that this plan, specification, or report was
DRAWN ------_ ---!-t-t----_ -_-_ ........ ---_ -_-_:-_ -_-_ -_ -_ -_ -_ -_ -_ -_:-_-_ -_ -_ -_ -_-_ -_ -_-_ -_-_-_ --1--1 Ass CC I A TE s' INC.
ECO CONSULTING ENGINEERS, $GRONBERG AND
P:q I I I NO~=~~-~J~E;~~ -
rrepared by me, or under my direct supervision, and that
am a duly licensed professional englnner and land
surveyor under the laws of the State of Minnesota
952-473-4141
55 Date 7>~ Jq ~t::1.Y
05-371
,/
SCALI
1"=2(
DATE
8-30-
JOBN<
o~-:s;
,ESIGNEC REVlSIOI DATE
DRAWN
ECD
:HECKED
MSG
q ..,
LAKE
EXISTING.
HOUSE
#3300
.,§> 'v
o'?'o
~ ~
CERTIFICATE OF SURVEY FOR
THOMAS P. LOWE
OF LOT 8, BLOCK 1, CARMAN COVE
HENNEPIN COUNTY, MINNESOTA
TOP OF,._
HYDT'V'
•(958,15)
,,,-
CORNER f AUS IN STON
RETAINING WAI.I. CARMAN
ROAD~
\
\
\
\
\
(
......
'~,.~
i':>} 1;,.~;..~ ·?i~...... ·~--':-.
1 ·1~1 1 ~ 'I
~--¥ ____ ; ',
\
I 7S•sirii;--•#J"'--9"18-. 1 e Ci{ 1.JN?-----._ ----
, ,,,,.-~
//
~ \
"t \
\ N\ '#I \
0 \ \
EXISTING
HOUSE
#3285
MINNETONKA
CARMAN'S BAY
~·~Cwcwf:e:e!• ~~~
"'1§. "'1< m.oo WoodUllirwlVl!l,ld:.e: W:,c;dlWtwft'(IOIIN moo
WoodllGPtlwalO~ ,. .. WOOdQl$1.WIIOt¥,4fto 0.00
$tono~WIIII ~.00 SW.l~wtl ... ---= moo .......... ... -TOllilp(OJl(lltfwoaUI-; 10.110.00 Tctaaproporty.,..11'1:ion« 10,170.00
TouJhetdc:over.,l«lt.! ,.,.,. Totat~llltOtt« ,.,.,. ,...., ,...., -2,66$.00 HOOIO&fll!:191 2.120,00 -2.37,00 """' 71.00
"""' , ... """' , ...
~&'-"dino,nmtopotd', "·'° Stope.&~1111)(1:ll)pon:h ... .......... .,,. --"'° --souo --...... --, .... --...
Rodton~. 1,438.00 Roct.Ol'I~ ... ---...... ,,,__ ...
""" ...... -,,.,. -----12!.22. SIOIW~MIII 110.00
5.UUIO
, .... _ ....
Totll~ll'Nhu,n.-: 0,&10,00 ....... ---TQt:llhlAXIOWfll'ltoM:, .... .,. 4,099.00
Total~--ll'ltllnt; 9.610,00
~_...,.UA.-WII .. ......._ Totaf~ll'lzonr. -41,7~ ,.........,.°""""".,., ...........
DESCRIPTION
LEGAL DESCRIPTION OF. PREMISES
Lot 8, Block 1, CARMAN COVE
o : denotes iron marker
(908.3) : denotes existing spot elevation, mean sea level datum
---917---: denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described
property, the location of an existing house, and the location
of all visible "hardcover" thereon. It does not purport to
show any other improvements or encroachments.
l'bc1\~=-----------$ __ b=.-~~~~ ~--M -$.: GRONBERG AND I hereby certify that this plan, specification, or report was
ASSOCIATES, INC. rrepared by me, or under mrc direct supervision, and that
am a duly licensed profess onal engtnner and !and
CONSULTING ENGINEERS, surveyor under the laws of the State of Minnesota
LANO SURVEYORS,
,L/ /A ANO SITE PLANNERS "7./,' -n,
5 NORTH WILLOW DR. LONG LAKE, MN. 5535c Mark S. Gronberg MN Uc. No. 12755 Date Z,,,-.t. -(!.~ --........ .... 952-473-4141
,,,..-
SCALE
.DATE
2-1-0
JOB NC
06-02.
SHAR.RA TT DE.SIGN & COMF ANY
T R A N s M
TO Melanie Curtis . .. . .
COMPANY City of Orono
DATE 07/25/06 ..
PROJECT Lowe Variance
SUBJECT Replacement Material
VIA
US Mail
Fax -~-------
Courier
X Drop / Pick-up
Air
Over Night
Other
ITEMS
1 Transmittal ----
----Drawings I Set
Letter ----
Notes I Memo ----
1 Total Sheets
NOTES
Melanie,
DESCRIPTION
Design Sketches / Notes
X Print Sets
Original Tracings
Specifications
Shop Drawings
Samples
X Other
ACTION
__ x __ No Response Required
____ Respond
____ Respond ASAP
Urgent ----
T T A
ADDRESS
PHONE
FAX
-~----
OTHER
TRANSMITTED
For Your Information
As Requested ~---
Review & Comment
Review & Approval
Reference
X Record
Printing
Enclosed please find the following replacement materials for the Lowe variance application:
(3) full size sets of drawings
(1) 11x17 set of drawings
Variance Hardship Statement
Hardcover Calculations Worksheet (rock over plastic number added)
Additionally, please find the neighbor acknowledgement statements and two letters from neighbors.
Thank you,
Lissa Tenuta
COPY TO: file E-MAIL: ]tenuta@sharrattdesign.com
BY: It WEB: www.sharrattdesign.com
L
.-
+6+ Second Street Ste 1 00 E_xcelsior, MN 5 5 J J 1 fhone: 952.+70.9750 Fax: 952•+70-B+o7
This communication may contain confidential information. Any use of the information contained within this document without the
permission of the intended recipient is prohibited. If received in error please destroy. Thank you.
CITY of ORONO
Sharratt Design & Co
Attn: Michael Sharratt
464 2 nd St Suite 100
Excelsior, MN 55331
Street Address:
2750 Kelley Parkway
Orono, MN 55356
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application #06-3224
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within fifteen (15) business days as to the status of your application
for variances for property located at 3295 Cannan Road. Below is a list of items the City of Orono is
requesting to complete our review:
1. Two (2) original scaled copies of the Certificate of Survey, and a reduced copy (11 'xl 7' or smaller),
indicating the following:
✓ setback zones from the OHWL of Lake Minnetonka,
✓ the proposed structures,
✓ all proposed hardcover,
✓ the average lakeshore setback,
✓ existing topographic contours extending 50' past the property boundaries, and
✓ proposed stormwater drainage and proposed site grading (please indicate total cubic yards of
proposed earth movement on/off site).
Application #06-3224 is incomplete. If you wish to proceed with your application please submit the items
requested above by August 10th at noon in order to remain on the August 21 st Planning Commission agenda.
Please call me at 952.249.4627 should you have any questions.
Sincerely,
City of Orono . .,
!1tlJ~(w?10,/t(j
Melanie Curtis
City Planner
c: Thomas & Rebecca Lowe, 3295 Carman Rd, Excelsior, MN 55331
Te!eplhone (952) 249-4600 ° Fax (952) 249-4616
www.ci.orono.mn.us
SHARKA TT DE.SIGN & COMF ANY
T R A N s M
TO
COMPANY
DATE
PROJECT
SUBJECT
VIA DESCRIPTION
US Mail ----____ Design Sketches / Notes
Fax ----
Courier -----~X~-Drop / Pick-up
Air ----
----Over Night
Other
ITEMS
Print Sets ----
----Original Tracings
____ Specifications
____ Shop Drawings
____ Samples
_)(. Other
ACTION
-~/ ___ Transmittal ____ No Response Required
____ Drawings I Set ____ Respond
-=2~_ l:etter A-ppl I u.J,tm Respond ASAP
I Notes--+-Mem& ~ Urgent ----4 Total Sheets
NOTES
T T A L
ADDRESS
PHONE
FAX
OTHER
TRANSMITTED
For Your Information ----
----As Requested
Review & Comment ----
----Review & Approval
Reference ------><~-Record
____ Printing
A':> wL J,St.J.>S~ &11 ~ +e.-kphC1Y'L-1 e,y,cJosd. pllA.>l
✓o.:/,/b'\,U .. 0vrr'•o1::hot1 ~ ck.t.k. . .1-will br,"j
O ~ MdlflaJs TO io-J A..~ ~6 0'1'1 CL.~ 0VV-pn Y1TI Vld CLtl
"f o.,,J N hl'l, TI "-f-w, I
~J($,
-----Lss~ \~
qsi-~lO ·q 7 so
COPYTO : file E-MAIL: ltenuta@sharrattdesign.com
BY : It WEB : www sharrattdesign com
+6+ Second Street Ste 1 00 E_xcelsior, MN 5 5 ~ ~ 1 Fhone: 952.+70 .9750 Fax: 952.+70.s+o7
·,;"'Ii ... r •
-r;io,.,,/.;.s Lowe Lor B/ B r...oc.t('. I
2.-1-06 LARMAN Covt:
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000'
.<' EXISTING HARDCOVER IN ZONE
A. House X S.F.
Length Widtl1
X = S.F.
X = S.F.
X S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk '23'2. WOO(>
X S.F. -S'fA1RWAY
X '30 S.F. -wooo s.eP;
J..NC> WAt..l r:~
E. Patio/Deck X = S.F. T!<CE SW1t-t~
-x = · S.F: ·
F. L 2'2. S.F.-
P.ocit, O#J
X ~LAS ii'-
X = S.F.
SD. Slt}Nf
X = S.F. -RETAH-11!-le,
WALL
G. Other 1.0 8RICK.
X = S.F. -B.Oi<Of 1<.
TOTAL HARDCOVER IN ZONE 151 S.F. A
TOTAL PROPERTY AREA IN ZONE ' 10, 17_0 S.F. B
A _,_ B x JOO = 'ttta %
PROPOSED HARDCOVER IN ZONE.
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
-X = S.F-:·
D. Sidewalk X = 232.. S.F.l,.iDD~~
X = S.F. e,t'O-l
E. Patio/Deck X S.F.
X = S.F.
,, F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER IN.ZONE 232 S.F. ·A
TOTAL PROPERTY AREA IN ZONE l 0 1 170 S.F. B
A + B X 100 = ;?.. z-;g %
FROM: CiF:OHBERCi & ASSOCIATES FAX NO. : 952 473 4435
-I HOMA$ Lowe:
, ..,, 08 2006 11129AM Pl
.,
L.07 0~ Bt.0'1'-I
2.-1-0" LA:1.MA/-1 Lt>vf.
HAllOCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CffiCLE ONE) 0-75' (1]-~s]J} 250-500'
EXISTfNG HARDCOVER IN ZONE
A. House X
Lenst]i
X
X
X
B. G/4ge X
C. Driveway X
X
D. Sidewall<; X
X
E. Patio/Deck X
·x
F. Landscape X
Underlain X
By Plastic )<
Or Faoric
G. Other X
TOTAL P.ARDCOVER IN ZONE
TOTAL PROPERTY A.~A IN ZONE
A ______ + B
PROPOSED HARDCOVER IN ZONE'
A. House
Length
B. ~e
C. Driveway
.,-... ' ~
D. Sidewalk
E. P(!.tio/Deck
F. Landscape
Und~rlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
X
• X
X
X
X
X
)<
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ ~ B
Wid~h
=
=
=
=
"'
,;;
.:;..
=
"'
_____ xlOO
Wid1h
=
=
=
=
_____ X 100 =
500-1( 00'
L 660 $.F.-HOV5c
237 S.F-PORc.H
3 S.F. -Ak P1C>
,4 3 S.F.-ST.EP.5 ( tAuor
t-lE;cf TO POIY'-H
3 S.F.-i~1c1<: 5oROE
q 8t.All(f0P
~:;:-O~NEVIAY
10
(Of.I C1~!:1£ 4?,:1
S. F ... / W.liU(
l:,o S.F.-PAy£,Q WALK
I
4B. ! S.F.-OfCI<'.
S.F . .:.
~ oe<r<oN S.F.-Pv,~'f'I~
S.F.
S.F.
5iDNf
0 SF.-R.ffAtNt.N6r --~-------i--WAII:S
-_;...-'---'--'+---+-S.F. A
S.F. B--~-+->-.:----t--
% --=-"--"-'-"---11---
2 1{20 S.F. tfe,v$L
~ . .....,,,....,~~--
1~ S.F. por~ ====:::::3=:s.F. )1../c..-po.J
-= ____ s.F. ·
______ s.F.
'8'"]0 I S.F. b\o..LJ<.tt>_P., ____ ......... : s.r ... anvtw!Uf
--...ula....:..\__._,.I s.F. f;-m+ ~6"'(
5 s: I s.F.'oo.Lk.sttUr
LQ2.. I S.F. J.LclL ,,o I S.F.S~ ,1 ..
• rc.t-a.1'11t\~ ~OJD
--+~:~: ===+s.F
I
------S.F.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
t1':.~ f-. f'i W f<E.NCE. R., Mo LJ/l Tt/£R
I~) 1-.t'l,.JaA i). SALLet=; of -b78'5 CM,A,{Jfl\J Rb
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or Rroposed use of the property located at
3aCfS-CA-Rfv1lV Rb also referred to as Land Use Application No. ____ .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
~b~
Property Owner
7/10/ob
Date
o?~..tR.m~cJf2__ 7/;s-)oea
Property Owner Date ~ 7
***********************************rlrlr*****1Mlr*****1nlrlr*********"""*********************************************
jTev('~ j • A} 1 e_ (J(',1
I (we) Jod"'.l E. ,vje_(Jt:.-.... of ..?3'00 Cqrl""'-'<-"'-
[print name(s)] [print address]
have reviewed the pl~~ for the proposed improvement or proposed use of the property located at \ mr:eoow1{lt1 k also referred to as Land Use Application No. ----·
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
7-IG-0.1.:.
Property Owner Date
7~/G, ,--06
Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 1 O days
prior to the scheduled meeting date.
7/23/06
To Whom It May Concern:
Steven J. Nielsen
Joan E. Nielsen
3300 Carman Road
Excelsior, MN 55331
We own the property north and adjacent to the Lowes. We have seen the elevation
drawings for Tom and Becky Lowe's proposed housing project. We do not have any
reservations about their project and we feel it would be an asset to our neighborhood.
Sincerely,
{ ·.sz. ::t
~
~-t
~-t
~
i
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D
I I
m ~
\.)
~ ~ I
~
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!
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il I " \1. .
~ \ ~
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~
~ ~ ~
<( --i
.y·~
fl Ill. -
.5'·<1 ~
5HAKKA TT DESIGN & COMF ANY
T
TO
COMPANY
DATE
PROJECT
SUBJECT
VIA
X
ITEMS
1
1
NOTES
Melanie,
R A N s M
Melanie Curtis
City of Orono --------~-~-
07/20/06 -~---------
Lowe
Variance Application materials
US Mail
Fax
Courier
Drop / Pick-up
Air
Over Night
Other
Transmittal
Drawings I Set
Letter
Notes/ Memo
Total Sheets
DESCRIPTION
____ Design Sketches / Notes
X Print Sets ----
____ Original Tracings
____ Specifications
____ Shop Drawings
____ Samples
Other
ACTION
_____________ No Response Required
____ Respond
____ Respond ASAP
____ Urgent
T T A
ADDRESS 2750 Kelley Parkway
Orono MN 55356
PHONE 952/249/4600
··-FAX
OTHER
TRANSMITTED
For Your Information
----
_________ As Requested
Review & Comment ----
Review & Approval
Reference ----
X Record ----
____ Printing
Enclosed please find (3) 1/4" sets of the Lowe plans, (1) 11x17" copy of the plans, and 1 set of the
written materials for the variance application. Please let me know if you need anything further to
complete the application.
Thanks for your understanding with our power problem!
Lissa Tenuta
952/470-9750
COPY TO: file
BY: It
E-MAIL: ltenuta@sharrattdesign.com
WEB: www.sharrattdesign.com
L
+6+ Second Street Ste 1 00 E_xcelsior, MN 5 5 Y'.11 fhone: 952.+70.9750 Fax: 952.+70.s+o7
This communication may contain confidential information. Any use of the information contained within this document without the
permission of the intended recipient is prohibited. If received in error please destroy. Thank you.
J
company
July 19, 2006. ·
Variance Application Statement of Ha.rdship
Thomas & Rebecca Lowe
3295 Carman Road
Excelsior MN 55331 I
PIO: 20-117-23-14-0014
/.
The Lowe's are 'planning to replace the existing home built in 1957 with a new home on·
the same· footprint under Minnesota Statute 46i.357, Subd. 1e, which states, "(a) Any
nonconformity, including the lawful use or occupation of land or premises exLsting · at the
· time of the adoption of an ·additional control under this chapter, may be ·continued,
including through repair,'replacefnent, restoration, !llaintenance, or improvement,
but not including expansion ... "'(emphasis ours, please see attached copy of the
statute). The new design for the property removes structure which is currently within
the side yard setback, bringing it into conformance. There is a net reducfion of the
existing footprint of 207 square feet' The Lowe's are also proposing to remove all the
hardcover existing_·in the 0'-75' Zone, with the exception of the stairs leading to the
lakeshore, and 397 square feet of hardcover in the 75'.:.250' zone, a more than 4%
improvement.
The following variances are needed for the property in order to replace the existiog
structure: front yard setback from 35 feet to 33.4 feet; hardcover in the 75-250' Zone
from 25% to 40.66; and hardcover in the 0-75' Zone from 0% to 2.28% (reduced from an
existing . 3.26% ). The proposed design will meet all other zoning requirements for the
LR-1 B district.
1. "The. property in question· cannot be put to reasonable use if used under
conditions allowed by the official controls." '
This property is substandard by 23,580 square feet. Given that all of'the
buildable area of this lot is witli1n the 75'-250' Zone for ,hardcover, and more than
half the lot area is in the 0'-75' Zor:ie, any home built within the 25% limit would
not be of reasonable size by today's standards. In fact, the Lowe's are proposing
to reduce the foolprint of the home.
_ 2. "lihe plight of the landowner is due to circumstances unique to his property not
created' by the landowner."
The property was established as a_lot of record prior to the adoption rof the
current zoning ordinance.. The current zoning ordinance makes this lot
substandard and any home built or maintained thereon, non-conforming. -
. .
3. "The variance, if granted, will not alter the essential character of the locality."
4 6 4 , S e c o n d S t r e e t S. u i t e 1 0 0 E x c e 1 s i o r , _M N 5 5 3 3 1 ,
p h o n e 9 5 2 . 4 7 0 . 9 7 5 -0 f a x : · 9 5 2 ·. 4 7 0 . 8 4 O · 7
w e b s i t e : . s h a r r a t t d e s i g n . c o' m • e ID a i 1 : j n f o @ s h a r r a t t d e s i g · n . c o ID
.,
/
/
/ l-+17.M/..J.S Lowe 9-Z /-o.s LOT o, ouu:1c::. I
LA(l,MAM Cove:
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CffiCLE ONE) ®Y 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.
B. Garage X = S.F.
C. Driveway X = S.F. '"
X = S.F.
D. Sidewalk '2.3'2. WOO{)
X = S.F. -STAIRWAY
X '30 S.F.-wooo s-reP!
ANO WAL.\.. f/!11
E. Patio/Deck X = S.F. T1~E'E sw,,-.u;
-X = S.F:· ·
X = S.F.
X = S.F.
SQ STT.>Nf X = S.F. -RETAl:1-lll-16.
WALL
G. Other 1..0 8RIC:K
X = S.F. -~Oi<OE~
TOTAL HARDCOVER IN ZONE 332. S.F. A
TOTAL PROPERTY AR.EA IN ZONE . 10,170
'
S.F. B"
A B X JOO = 3 2.6 %
PROPOSED HARDCOVER IN ZONE.
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
-X = · S.F:··
D. Sidewalk X = 2.32. S.F . ..St"4...lv-tz::>
X = S.F. l-~
E. Patio/Deck X S.F.
X = S.F.
,, F. Landscape X S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE 232.. S.F. ·A
TOTAL PROPERTY AREA IN ZONE L01 11D S.F. B
A B X 100 = ,.,1.2. ~ %
I H0MAS Low£ t.,.. 07 'O,. l:S LOC.l'-l
c~/2114AN CouG
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' (1]~~]) 250-500'
EXISTING HARDCOVER IN ZONE
A. House
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
Length
X
X
X
X
X
X
X
X
X
X
·x
X
X
X
G. Other ______ x
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
,
1
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
-X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ B
C:.:,_·'_
Width
=
=
_____ xlOO =
Width
=
=
_____ xlOO =
500-1000'
__ 2._B_,6~6 __ S.F.-HOU SE.
237 S.F.-PORC:H
---=3=----s.F.-A/G PftO
b 3 S.F.-ST!:P5 ~ LAtJOt,
-----'~---tJf,1:1 TO PoB.Ctl
3 S.F.-S~ICK 60ROE1 ---'----
S al :8WKTOP ---=_,-, ..... v __ S.F. -01<1\/EWAY
S.F. ------
CON Cl~l:f£ 4i'R, --,,,...10.,....9....._ __ S.F.,lwAUl
4b0 S.F.-PAV£R WAUL --~---
__ 4'-'"'8'--__ S.F.-Df;Cf.!
S.f.::..· ------
S.F. ------S.F. ------______ S.F.
STONE
_ _.._l _c..O_q.__ __ S.F. -R.fT4JNINGr
WAL.L.$
__ 4..,_4-=-._,_'f-b,<___ S.F. A
-~1_a_1o~_s.F. B-
45-03 % -----'-.c._.:~--
__ 2~, ~/J~v_·S.F. V) ()1.)SL
---7~Lr-~: ~~~
S.F .. ------
_ __,_7,.c_O..a..-~-S.F.~°1{-
__ '.13',.._,_7.cc..O_S.F.
S.F: · ------
(p_ I s.F. fc-an+-t,.'.)a.J k.
---,-=5=-5'---S.F. lo(.l)(. S1'4..\1"'"
__ ,_I ()=--=Z.~S.F. J.t.LJ<.
I I O S.F. rt.-+-.:U.i\, I'\.~
----1--''---><C--t..J tu ls O
S.F. ------
S.F. ------______ S.F.
S.F. ------
_j .Olf:1 S.F. ···A
Cf ITT c> S.F. B
__ '_...,~/ "-~---%