HomeMy WebLinkAboutProject PacketMINUTES OF THE REGULAR ORONO CITY COUNCIL
l\tIEETING HELD ON FEBRUARY 23, 1998
(#4 -#2290 Elaine and Steve Silus -Continued)
Kelley indicated he would be concerned with water flowage off the slope to the south.
Vang indicated that a swale would be required. Kelley indicated the water flow would
run quickly through the swale onto the property. Kelley suggested to Spilseth that it may
not be to her best interest to have a sloping driveway neighboring he"r property as it may
not catch all the water. He suggested that plantings could be used to screen the retaining
wall if the neighbor does not like the look ofit. Kelley said the neighbor and applicant
need to work through the problem.
Spilseth said the properties have always been at the same elevation. She does not feel she
should have been placed in this position. Jabbour acknowledged her concern but said the
City would like her input. Problems with delaying any action were noted if the
application was denied .
Jabbour asked Silus for permission to table the application in order to allow the applicant
and neighbors to meet to resolve the issues. Silus gave his consent. Jabbour said Staff
would be willing to r_eview the options with the Spilseths. Barrett indicated that since
Silus has given his oral agreement to tabling the application, the City can prepare a letter
for Silus' signature indicating this agreement.
Goetten moved, Peterson seconded, to table Application 2290. Vote : Ayes 4, Nays 0 .
(*#5) #2312 CLAUS WEILER AND RENEE MEERKINS, 1135 NORTH ARM
DRIVE -VARIANCES/CONDITIONAL USE PERl\tIIT -RESOLUTION NO.
4033
Jabbour moved, Kelley seconded, to adopt Resolution No . 4033 . Vote: Ayes 4, Nays 0.
(*#6) #2316 MIKE HILBELINK, HAVING AN INTEREST IN 120 GOLDEN
VIEW DRIVE -CLASS ID FINAL SUBDIVISION -RESOLUTION NO. 4034
Jabbour moved, Kelley seconded, to adopt Resolution No . 4034. Vote: Ayes 4, Nays 0 .
(*#7) #2320 MITCHELL AND ASTA GERSOVITZ, 3650 CASCO A VENUE -
VARIAN CE -RESOLUTION NO. 4035
Jabbour moved, Kelley seconded, to adopt Resolution No . 4035. Vote: Ayes 4, Nays 0.
(Agenda items #8 and 9 follow item #12 as agreed to by Applicant, John O'Sullivan .)
(#12) #2342 MARK L. CASEY, 255 LANDMARK DRIVE -CONDITIONAL USE
PERl\tIITN ARIAN CE -RESOLUTION NO. 4038
The Applicant was present.
8
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
473-7357
TO: Mitchell and Asta Gersovitz
19900 Sweetwater Curve
Shorewood, MN 55331
TYPE OF APPLICATION: Variance
APPLICATION NO. #2320
NOTICE OF COUNCIL ACTION
Date of Notice:
COPIES:
February 24, 1998
Christopher and Mary Smith
3650 Casco A venue
Wayzata, MN 55391
DATE OF MEETING: February 23, 1998 VOTE: 4 FOR O AGAINST
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday,
8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
You must apply for and obtain a building permit prior to commencement of construction. (The
building permit application is a separate application from the zoning variance or conditional use
application.)
Variance Approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance
approval expires one year after date of approval. Permit application must be submitted no later
than February 23, 1999.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Brad Bressler
Title Planning Assistant
Item Description: #2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco A venue
Variance-Public Hearing
DATE: 2/23/98
ITEM NO.:
Agenda Section:
Zoning
Zoning District: LR-lC One Family Lakeshore Residential District (1/2 acre)
Lot Area: 38,060 s.f. (.87 acre)
Application:
The applicants are proposing the construction of a bay window over an existing deck and a dormer
over the existing attached garage. An average lakeshore setback variance is required.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended by a 5 to O vote to:
1. Approve an average lakeshore setback variance to allow construction of the bay
window 61.6' ahead of the average lakeshore setback and a dormer over the
existing garage 38' ahead of the average lakeshore setback where 83' encroachment
is existing.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION l(B),
FILE NO. #2320
WHEREAS, Mitchell and Asta Gersovitz (hereinafter "the applicants") having
an interest in the property located at 3650 Casco A venue within the City of Orono (hereinafter
"the City") and legally described as follows:
Tract A, Registered Land Survey No. 1137, files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision l(B) to permit the construction of a bay window over
an existing deck on the lakeside of the residence and a dormer over the attached garage that
are ahead of the average lakeshore setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2320.
2. The prope1ty is located in the LR-1 C Single Family Residential Zoning District
requiring 1/2 acre in area. The property consists of 38,060 s.f. or .87 acre.
3. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended approval of the proposed variance based upon the following
findings:
1. The adjacent lot to the south, 3630 Casco Avenue is considered a
lakeshore lot as the zoning lot has a 20' strip that abuts the lake. The
location of the residence on this property places the entire residence on
the subject property ahead of the average lakeshore setback.
Page 1 of 4
2. The additions will not further encroach upon the average lakeshore setback
or diminish existing views.
3. No other variances are necessary in the construction of the additions.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision l(B) to allow the
construction of a bay window over the existing deck on the lake side of the residence and a
dormer over the existing attached garage that encroach 61.6' and 38' ahead of the average
lakeshore setback where no encroachment is allowed and 83' is existing.
1. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (February 23, 1998).
Page 2 of 4
2. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
3. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 23rd day of February, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ before me a Notary Public within and
for said county, personally appeared ___________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ before me a Notary Public within and
for said county, personally appeared ___________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 4 of 4
TO: Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Brad Bressler, Planning Assistant
DATE: 1/28/1998
SUBJECT: #2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Avenue
Variance--Public Hearing
Zoning District:
Lot Area:
LR-lC
38,060
One Family Lakeshore Residential District (1/2 Acre)
square feet (.87 acres)
Application: The applicants are proposing to construct a bay window over a portion of an existing
deck and a d01mer over the existing attached garage. An average lakeshore setback
variance is required. This application was previously tabled from the January 20,
1998 meeting to allow the applicant to revise their application to include the dormer.
Pertinent Ordinances:
• Section 10.22, Subd. l(B): Average Lakeshore Setback
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
2/17/98
Page I
ANALYSIS
Lot Area and Yards
Lot Area Lot Width
LR-IC .5 acre 100'
subject .87 acre 131' atOHWL
property 158' at 75'
setback
The subject property meets all zoning requirements.
Structural Coverage
Lakeside Yard
75'
119'
Side Yard Rear Yard
10' 30'
11' n/a
Structural coverage is not an issue with this application. Staff estimates the amount of structural
coverage at approximately 10%.
Hardcover
Hardcover is not an issue with this application. Since the bay window will be constructed over
an existing deck and the dormer will be constructed over the existing garage, the amount of
hardcover will not increase. Hardcover in the O' to 75' lakeshore setback includes steps, a
retaining wall, 9 s.f. deck and 18 s.f. lock box. There is a disproportionate amount of hardcover
in the 250' to 500' lakeshore setback, the "panhandle" portion of the yard that contains the
driveway.
STATEMENT OF HARDSHIP
The applicants' should be asked for their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property can continue to be put to a reasonable use in its current state. The location
of the adjacent residence on what is technically a lakeshore lot makes any construction on
the lot subject to an average lakeshore setback variance.
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
2/17/98
Page2
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The neighboring lot to the south has a 20' wide strip extending to the lake, making it a
lakeshore lot. Due to this unusual configuration and the placement of the neighboring
residence farther back from the lakeshore on this property, an average lakeshore setback
variance is required for any addition.
3. The variance, if granted, will not alter the essential character of the locality.
The variance for average lakeshore setback will not change the character of the area.
4. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
Bay windows and dormers are permitted in this zoning district.
5. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The presence of a long, 20' wide strip of land abutting the lake on the neighboring
property to the south makes that property a lakeshore lot, despite the residence being
located farther back from the lake than the neighboring residences. Because it is adjacent
to the subject property, it skews the average lakeshore setback.
6. The conditions do not apply generally to other land or structures in the district
in which said land is located.
The properties on either side of 3630 Casco A venue are subject to a more restrictive
average lakeshore setback because of the unusual platting of the area.
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
All structures on the lot are ahead of the average lakeshore setback. Any additions
require an average lakeshore setback variance.
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
2/17/98
Page 3
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
Due to the platting of 3630 Casco A venue as a lakeshore lot, the subject property is
subject to an interpretation of the average lakeshore setback requirement that prohibits
further improvements unless variances are granted.
1. The prope1iy meets all zoning requirements except average lakeshore setback.
2. The location of the residence on 3630 Casco Avenue, which is considered a lakeshore lot
prohibits improvements without variances.
3. The bay window and dormer over the garage will not further encroach upon the average
lakeshore setback or diminish existing views.
4. An average lakeshore setback variance was granted in 1992 to allow the construction of
the new residence. At the time, hardcover was proposed at less than 25% in the 75' to
250' lakeshore setback.
5. A disproportionate amount of hardcover exists in the 250' to 500' lakeshore setback due
to this being the "panhandle" portion of the lot containing the driveway.
6. A small amount of hardcover exists in the 0' to 75' lakeshore setback. The 18 s.f. lock
box and 9 s.f. deck located near the lakeshore appear to meets code requirements for
water oriented accessory structures per Section 10.56, Subdivision 14(E).
STAFF RECOMMENDATION
Staff recommends approval of the application as submitted.
• Staff recommends approval of an average lakeshore setback variance to allow
construction of a bay window over the existing deck on the lake side of the residence and
a dormer over the existing attached garage 61.6' and 38' ahead of the average lakeshore
setback line. The existing residence encroaches 83' in front of the average lakeshore
setback line and where no encroachment is allowed.
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
2/17/98
Page 4
Attachments
A Application
B Plat Map
C Property Owners List
D Location Map
E Topographic Map
F Permit Record
G Survey
H Elevation Drawings
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
2117/98
Page 5
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00
($50.00 per each additional variance) #
Renewal Variance Fee $120.00
(no change from original application)
Variance for non-conforming structures $220. 0 ·
After-the-Fact Fees (Double application fee)
PROPERTY INFORl\-'IATION
Site Address S Sb C ft S CO
Application # ,}, 3 cl-6
Date Received /:J--Ii-9-'1
Amount Paid j :;. tJ, ~ . . i /L (Mita -if 5 7 & 2-
Property Identification Number (P .I.D. ) __ ___::::_;~-....L..J---1---=~"----l..'-=----=-..::::....._.L.a..,,L___
Attach legal description to application if not included on req · ed survey.
Date Property Acquired ·1o I r~-() (month/year)
I (do) (~) also own the adjacent par els of land.
Present use of property: _)_(_residential __ other (specify) _________ _
Zoning District: 0 (L,O'Y) o L R ..., l C
APPLICANT
Name i'Y\ 1,e,1+r-:-u + /1 sht G-e r-S{; ,, , 1 L-
. Address: / 1 °t q Q S W-Re .bJ .1,1 k, G2 ~, 1-R
OWNER (if different than applicant)
Name Chri s+o pher::J. ~ V}'loru ~i'l'!dV1
Address: 3&50 C Q sco Av eir1u.e Ov-ov1 o
Phone (home) ·L/ 7L/:S~7f
Phone (work) ;SL/Q o 7 /??
City: "5 /,," 0 c-e Lu!t,V Zip: ;-S:.33 J
Phone (home) 4? I -(j 8' 3o
Phone (work) _______ _
City: Orono Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ ~ O, O O o
Describe request in detail: -+u
+ C p u. , .
A
/<: I -Z l,/tf-:IV {,).) 4-&L /u •1A-o;> W ~. j
(attach additional sheets ifne ssary) 6+. w,-,1.,t)tiw 5 /w14t..L,
t>'e'-€. A-~ W1/I b-e.f:/icK e'><of✓'j
VARIANCES REQUIRED D tL~ , ftj
Lot Area Lot Width Hardcover __ Lot Coverage
Setback: Front Side Rear ~ Average Lakesh<:>r~
. __ Other (specify) ______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
,Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements:---.------,.-----,,-.---:-----:-----I
'f 1ub ~ cc.-s 11:l-+-?3 c ~ , s / o c t4 fe t) ec b e a D b £ ~ '1.-r c-e 51pervof
(attach additional sheets if necessary)
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RUN DATE 12/10/97
BATCH 501
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR ·
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
·TAXPAYER
NAME/AD DR
38 20-117-23 24 0041
02732 CAROLINE AVE
CHARLES & SUSAN PERCIVAL
CHARLES & SUSAN PERCIVAL
2732 CAROLINE AVE
WAYZATA MN 55391
38 20-117-23 31 0005
03709 CASCO AVE
R PRESLER/E J PRESLER TRSTES
ROBERT PRESLER
3709 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0031
02914 CASCO POINT RD
BI GLASSMAN & NA GLASSMAN
BARRY I & NANCY A GLASSMAN
2914 CASCO POINT RD
WAYZATA MN. 55391
38 20-117-23 31 0041
03630 CASCO AVE
P GRAFFUNDER & K GRAFFUNDER
PETER & KERRY GRAFFUNDER
3630 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0062
02740 CAROLINE AVE
SL & J M ROSSTEDT
SCOTT & JANET ROSSTEDT
2740 CAROLINE AVE
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 31 0002
00038 ADDRESS UNASSIGNED
ROY SCHRADER ET AL W/L EST
ROY SCHRADER
3704 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0021
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 31 0039
03704 CASCO AVE
ROY SCHRADER ET AL W/L EST
ROY 'SCHRADER
3704 CASCO AVE
l'IAYZATA MN 55391
38 20-117-23 31 0042
.03600 CASCO AVE
RICHARD J HAEFELE & WIFE
RICHARD HAEFELE
3600 CASCO AVENUE
WAYZATA MN 55391
38 20-117-23 31 0073
02918 CASCO POINT RD
JEFFREY L FAWBUSH ET AL
JEFFREY L & RENAE T FAWBUSH
2918 CASCO POINT RD
WAYZATA MN 55391
REPORT NO. PI435401
38 20-117-23 31 0004
03703 CASCO AVE
CARLOTTA F·GABLES
CARLOTTA F G.G.BLES
3703 CASCO AVE
WAYZATA MN 55391
PAGE 1
38 20-117-23 31 0027
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 31 0040
03700 . CASCO AVE
J W DONGOSKE/P A DONGOSKE
JAMES W & PATRICIA DONGOSKE
3700 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0043
03650 CASCO AVE
CHRISTOPHER J SMITH ET AL
CHRISTOPHER J SMITH
3650 CASCO AVE
WAYZATA MN 55391
TOTAL BATCH 501 00014
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CERTIFICATE OF SURVEY FOR
MITCH AND AST A GERSOVITZ
OF TRACT A, R. L. S. NO . 1147
HENNEPIN COUNTY, MINNESOTA
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CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2320
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 2/18/98
TO: Mitchell and Asta Gersovitz
19990 Sweetwater Curve
Shorewood, MN 55331
COPIES TO: Christopher and Mary Smith
3650 Casco A venue
Orono, MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 2/17/98 VOTE: 5 FOR O AGAINST
Planning Commission recommends the following:
Approval as submitted.
NOTES AND SPECIAL CONDITIONS:
Applicant's next scheduled meeting is confirmed as:
City Council: February 23, 1998, meeting starts at 7 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON FEBRUARY 17, 1998
(#1 -#2312 Claus Weiler and Renee Meerkins -Continued)
Smith was informed by the applicant that the additional garage would be used for an extra
car, boat, and storage of bikes and lawn equipment. A 3-car garage currently exists on the
property.
Smith asked Staff about the policy to allow a deck to be replaced. She questioned the
time limit once the deck has been removed . It was noted that the previously existing
decks were removed about one year ago. Smith said the application would be viewed
differently if the decks had been removed farther in the past.
Smith moved, Mdvlillan seconded, to approve Application #2312 per Staff
recommendations. Vote : Ayes 5, Nays 0 . ·
(#2) #2320 MITCHELL AND ASTA GERSOVITZ, 3650 CASCO A VENUE -
VARIANCES -6:41-6:46 P.M.
The Applicants were present.
Bressler distributed pictures of the property. He reported the proposal is to install a bay
window over a portion of the existing deck and building a dormer over the existing
garage. These improvements require an average lakeshore setback variance as the entire
residence is ahead of the average lakeshore setqack line .
Bressler reviewed the issues as presented in the information packet. He recommended
approval of the application as submitted.
The applicant had no additional comments .
There were no public comments.
Stoddard asked if the neighbors had any comments regarding the proposed improvements
noting the neighbors are generally asked for their opinion when the plans involve a
variance to the average lakeshore setback. Gersovitz said he recently purchased the
property and has yet to move there. Van Zomeren indicated the neighbors were notified
and no comments were received.
The applicant asked if the Council review could take place at the February 23 meeting.
Bressler agreed . Stoddard asked that the applicant submit a letter noting that request.
Stoddard moved, McMillan seconded, to approve Application #2320 per Staff
recommendations . Vote : Ayes 5, Nays 0.
(Agenda item #3 was moved to the end of the agenda due to absence of applicants.)
2
MINUTES OF THE ORONO PLANNING COMMISSION
11:EETING HELD ON JANUARY 20, 1998
(#8 -#2312 Claus Weiler and Renee Meerkins -Continued)
Van Zomeren noted that the building permit taken out on 7 /2/94 for residing did not
include a survey of the decks .
Variances
(#9) #2320 CHRISTOPHER AND MARY SMITH, HA YING AN INTEREST IN
3650 CASCO A VENUE -Variances for an average lakeshore setback to add a bay
window over an existing deck
This item was tabled at the request of the applicant.
(#10) #2322 STEVEN N. FILIPS, 2570 THOROUGHBRED LANE-Variance for a
fence within 50' of a rear lot line on a through lot -8:49-9:00 p.m.
The Certificate of Mail ing and Affidavit of Publication were noted.
The Applicant was present.
Gaffron reported that the appl icant requests an after-the-fact approval to construct a 6'
high privacy fence along the rear of the through lot. Information was incomplete when the
applicant was advised that no variance was required . A variance is required for any fence
over 3-1/2' in height on a through lot. The Council suggested the applicant submit the
request for review by the Planning Commission and to allow a temporary variance . Car
headlights create a problem from Truffula Trail. The fence is located on the rear third of
the property and is technically within a non-city protected type 1 wetlands . The covenants
require adherence to other agency regulations. Vegetation will be planted that in time will
negate the need for the fencing . Gaffron said the City's intent ion is not to have any 6'
fences where there are through lots . A 3-1/2' high fence needs to be 50' in from the lot
line .
Gaffron reviewed the hardship statement and issues for discussion as found in the
information packet. He noted the peculiarity orthis property in contrast with other
· properties due to its location directly across from an intersection .. Headlights shine
directly into the residence across the rear yard . Gaffron related the conditions of approval
necessary if a recommendation is made for a temporary variance . This includes providing
a landscaping plan with a time schedule for removal of the fencing, conformity
requirements of the fence, and advisement to the applicant with meet any standards
established by other government agencies having jurisdiction over the wetlands .
. 15
TO: Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Brad Bressler, Planning Assistant
DA TE: 1/12/1998
SUBJECT: #2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Avenue
Variance--Public Hearing
Zoning District:
Lot Area:
LR-lC
38,060
One Family Lakeshore Residential District (1/2 Acre)
square feet (.87 acres)
Application: The applicants are proposing the construction of a bay window over a
q.
portion of an existing deck. An average lakeshore setback variance is required.
Pertinent Ordinances:
• Section 10.22, Subd. l(B): Average Lakeshore Setback
-
( U --~ l?ot -l'.O.sJ,
I l1 ~ ,· (\J\ ~~
#2320 Milche/1 and Asta Gersovitz I OJ ifw1 having an interest in 3650 Casco Circle
Variance
1120198
Page I
ANALYSIS
Lot Area and Yards
Lot Area Lot Width
LR-IC .5 acre 100'
subject .87 acre 131' atOHWL
property 158' at 75'
setback
The subject property meets all zoning requirements.
Structural Coverage
Lakeside Yard
75'
119'
Side Yard Rear Yard
10' 30'
11' n/a
Structural coverage is not an issue with this application. Staff estimates the amount of structural
coverage on the property as approximately 10%.
Hardcover
Hardcover is not an issue with this application. Since the bay window will be constructed over
an existing deck, the amount of hardcover will not increase. The only hardcover in the O' to 75'
lakeshore setback are steps leading to the lakeshore, a retaining wall and 45 s.f. deck and shed.
There is a disproportionate amount of hardcover in the 250' to 500' lakeshore setback as this is
the "panhandle" portion of the yard that contains the driveway.
S TATEM ENT OF HARD SH IP
The applicants' should be asked for their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property can continue to be put to a reasonable use in its current state. The location
of the adjacent residence on what is technically a lakeshore lot makes any construction on
the lot subject to an average lakeshore setback variance.
#2320 Mitchell and Asta Gersovitz
having an inlerest in 3650 Casco Circle
Variance
1/20/98
Page 2
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The neighboring lot to the south has a 20' wide strip extending to the lake, making it a
lakeshore lot. Due to this unusual configuration and the placement of the neighboring
residence farther back from the lakeshore on this property, the subject property is
essentially unbuildable without the granting of a variance.
3. The variance, if granted, will not alter the essential character of the locality.
The variance for average lakeshore setback will not change the character of the area.
4. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
Bay windows are permitted in this zoning district.
5. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The presence of a long, 20' wide strip of land abutting the lake on the neighboring
property to the south makes that property a lakeshore lot, despite the residence being
located farther back from the lake than the neighboring residences. Due to the
that property being a lakeshore lot, this residence is used for determining average
lakeshore setback.
6. The conditions do not apply generally to other land or structures in the district
in which said land is located.
This property, as well as the property south of the southerly adjacent property are the
only two properties in the immediate area subject to such a peculiar average lakeshore
setback standard.
7. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
All structures on the lot are ahead of the average lakeshore setback. Any additions
require an average lakeshore setback variance.
#2320 Mitchell and Asta Gersovilz
having an interest in 3650 Casco Circle
Variance
1/20/98
Page 3
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
Due to the peculiarity of the configuration of the adjacent property to the south, the
subject property is subject to an interpretation of the average lakeshore setback
requirement that makes the lot unbuildable without the granting of variances.
1. The property meets all zoning requirements except average lakeshore setback.
2. The location of the residence immediately to the south results in the subject property
being essentially unbuildable without a lot area variance.
3. The bay window will not further encroach upon the average lakeshore setback or
diminish existing views.
4. An average lakeshore setback variance was granted in 1992 to allow the construction of
the new residence. At the time, hardcover was proposed at less than 25% in the 75' to
250' lakeshore setback.
5. A small amount of hardcover exists in the 0' to 75' lakeshore setback, mostly due to the
retaining wall and steps leading to the lakeshore. A disproportionate amount of
hardcover exists in the 250' to 500' lakeshore setback due to this being the "panhandle"
portion of the lot containing the driveway.
6. The 27 s.f. shed and deck located near the lakeshore appears to have ben built without a
permit or variances since the residence was constructed in 1992.
STAFF RECOMMENDATION
• Staff recommends approv_al of an average lakeshore setback variance to allow
construction of a bay window 61.6' ahead of the average lakeshore setback line where the
existing residence encroaches 83' in front of the average lakeshore setback line and where
no encroachment is allowed.
• Staff recommends that as a condition of approval, the applicant remove the non-
conforming 27 s.f. shed with a deck near the lakeshore prior to the issuance of a building
permit.
• Staff recommends approval of the application subject to the condition.
Attachments
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
1/20/98
Page4
A Application
B Plat Map
C Property Owners List
D Location Map
E Topographic Map
F Permit Record
G Survey
H Elevation Drawings
#2320 Mitchell and Asta Gersovitz
having an interest in 3650 Casco Circle
Variance
1/20/98
Page 5
CITY of ORONO
January 15, 1998
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Re: Variance Application #2320, 3650 Casco Avenue
TO ALL PROPERTY OWNERS
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Previously a notice was mailed to you regarding a proposed average lakeshore setback variance for
3650 Casco Avenue.
At the request of the applicants, this item will not be heard on Tuesday January 20, 1998 as
schedule .
A new notice will be sent when the application is placed back on the agenda .
If you have questions, please call Brad Bressler at 473-7357 .
EVZ/jg
Telephone (612) 473 -7357 • FAX 473-0510
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RUN DATE 12/10/97
BATCH 501
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR ·
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
Ol'lNER NAME
TAXPAYER
NAME/AD DR
38 20-117-23 24 0041
02732 CAROLINE AVE
CHARLES & SUSAN PERCIVAL
CHARLES & SUSAN PERCIVAL
2732 CAROLINE AVE
HAYZATA MN 55391
38 20-117-23 31 0005
03709 CASCO AVE
R PRESLER/E J PRESLER TRSTES
ROBERT PRESLER
3709 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0031
02914 CASCO POINT RD
BI GLASSMAN & NA GLASSMAN
BARRY I & NANCY A GLASSMAN
2914 CASCO POINT RD
HAYZATA MN . 55391
38 20-117-23 31 0041
03630 CASCO AVE
P GRAFFUNDER & K GRAFFUNDER
PETER & KERRY GRAFFUNDER
3630 CASCO AVE
HAYZATA MN 55391
38 20-117-23 31 0062
02740 CAROLINE AVE
SL & J M ROSSTEDT
SCOTT & JANET ROSSTEDT
2740 CAROLINE AVE
HAYZATA MN 55391
HEN NEPIN COUNTY PROPERTY INFOR MATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 31 0002
00038 ADDRESS UNASSIGNED
ROY SCHRADER ET AL H/L EST
ROY SCHRADER
3704 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0021
OOU38 ADDRESS UNASSIGNED
HENNE IN FORFEITED LAND
CITY O RONO
PO BOX 6
CRYSTAL BAY 'MN 55323
38 20-117-23 31 0039
03704 CASCO AVE
ROY SCHRADER ET AL H/L EST
ROY 'SCHRADER
3704 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0042
·03600 CASCO AVE
RICHARD J HAEFELE & WIFE
RICHARD HAEFELE
3600 CASCO AVENUE
WAYZATA MN 55391
38 20-117-23 31 0073
02918 CASCO POINT RD
JEFFREY L FA~BUSH ET AL
JEFFREY L & RENAE T FAWBUSH
2918 CASCO POINT RD
WAYZATA MN 55391
REPORT NO. PI435401
38 20-117-23 31 0004
03703 CASCO AVE
CARLOTTA F Gt\BLES
CARLOTTA F G.6.BL'l:S
3703 CASCO AVE
WAYZATA MN 55391
PAGE 1
38 20-117-23 31 0027
0003-8-_, ADDRESS UNASSIGNED
HE NN EPI~ FORFEITED LA ND
CITY OF ORO NO
P O BOX 6 i:--..
CRYSTAL BAY M N 55323
38 20-117-23 31 0040
03700 · CASCO AVE
J W DONGOSKE/P A DO NGOSKE
JAMES W & PATRICIA DO NGOSKE
3700 CASCO AVE
WAYZATA MN 55391
38 20-117-23 31 0043
03650 CASCO AVE
CHRISTOPHER J SMITH ET AL
CHRISTOPHER J SMITH
3650 CASCO AVE
W~YZATA MN 55391
TOTAL BATCH 501 00014
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RUN DATE 12/10/97
BATCH 501
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY ONNERS LIST
REPORT NO. PI435401
PAGE 2
I CERTIFY THAT THE FACTS REPRESENTED ARE·AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF KV KNOWLEDGE AND BELIEF. "7 (l . a-,
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CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Gemar, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #2320, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 7th day of January, 1998.
City of Orono
2750 Kelley Parkway
P.O. Box 66
Orono, l\1N 55323
Phone: (612) 473-7357 Fax: (612) 473-0510
LEGAL NOTICE
JANUARY 1998
PLANNING COMMISSION AGENDA
J'he Planning Commission will hold public hearings to consider the following land use
applications on:
Tuesday, January 20, 1998
6:30 p.m.
City Council Chambers
2780 Kelley Parkway
Orono, Minnesota
1. #2289, Jon Pendleton, 350 North Arm Lane. Conditional use permit to
seasonally allow a horse in the LR-lA Zoning District..
2. #2290, Steven and Elaine Silus, 3225 Casco Circle. Conditional use permit to
grade within 5' of the south property line to allow a driveway and retaining wall.
3. #2296, Robert Bredeson, 1395 Rest Point Road. Variances for structural coverage,
lot area, lot width, rear yard setback, and hardcover to construct a new residence on
a vacant lot and a fence forward of the lakeshore setback.
4. #2312, Claus Weiler & Renee Meerkins, 1135 North Arm Drive. Variances for
an oversized accessory structure and side yard setback. A conditional use permit to
construct an accessory structure in front of the principal residence on a through lot.
5. #2315, C. Douglas and Marilyn Holcombe, 1040 and 1056 Loma Linda Avenue. Lot
line rearrangement, and variances for lot area and lot width.
6. #2316, Mike Hilbelink, having an interest in 120 Golden View. Preliminary plat for
a 3 lot Class III subdivision.
7 #2318, C.N. Ostrom & Sons, for Jeanne Mithun, 755 Ferndale Road North.
Conditional use permit for a guest apartment in the basement.
8 . #2319, Ron Lauer, 1040 Tonkawa Road. Variances for hardcover to remove an
existing residence and construct a new residence.
9. 2320, Christopher & Mary Smith, having an interest in 3650 Casco Avenue.
Variances for an average lakeshore setback to add a bay window over an existing deck.
10. #2322, Steven N. Filips, 2570 Thoroughbred Lane: Variance for a fence within 50'
of a rear lot line on a through lot.
11. #2323, Tim Nelson on behalf of David Pomije, 3120 North Shore Drive. Variances
for hardcover to build an addition to an existing residence.
12. #2325, Lake Country Builders on behalf of John & Cindy Olson, 950 North Arm
Drive. Variance for bluff setback to add a porch and replace an existing deck to an
existing residence.
13. #2326, Orono Development, LLC, 2380 Shadywood Road. Variances for hardcover
and front yard parking setback and a commercial site plan review to construct an
11,000 sq. ft. retail/ service center building.
14. #2328, Freshwater Foundation, 2500 Shadywood Road. Conditional use permit
amendment to update current tenant listing and to allow a corporate research center
tenant.
15. #2330, Robert Beutler, 1331 North Arm ·Drive. Renewal variance for lot width to
construct a new residence.
16. #XX.XX, Mark Gillett having an interest in 2160 Wayzata Boulevard. Request for
finding of substantially similar use to allow a go-cart business to locate in the Orono
Mall .
All persons having an interest in these items are invited to attend the public meeting. Any
written comments shall be sent to the City Planner before January 13, 1998. Please call Liz
Van Zomeren, City Planner/ Zoning Administrator at 473-7357 for further information.
City of Orono
By: Planning Commission 'ti._~ . VQJ.-.~
Elizabeth A. Van Zmn 7n
City Planner/Zoning Administrator
To be published January 10, 1998.
City of Orono
2750 Kelley Parkway
P.O. Box 66
Orono, MN 55323
Phone (612) 473.7357 Fax: (612)
473-0510
NOTICE
The Planning Commission will hold
public hearings in the Council Chambers at
2780 Kelley Par _kway, on _Tuesday, February
17, 1998, beginning at 6:30 p .m. on the
matter of reviewing the following land use
applications :
1. #2312 Claus Weiler & Renee
Meerkins, 1135 North Arm Drive .
Var iances for bluff setback and localing an
accessory structure in front of th~ princ)pal
structure . A conditional use permit 1s required
for locating an accessory structure on a
through lot. (Staff : Brad Bressle_r).
2. #2320 Mitchell and Asta Gershovitz,
3650 Casco Avenue... Variances for
average lakeshore setback to ad_d a bay
window over an existing deck and a dormer
over an existing garage . (Staff : Brad
Bressler).
3 . #2325 Lake Country Builders on
behalf of John and Cindy Olson, .950 North
Arm Drive . Variance for bluff setback . (Stall :
Liz Van Zomeren),
4 . #2338 Grant Wenkstern, owner of
Lakeview Golf Course, 405 North . Arm
Drive . A conditional use . permit and a .
vari ance for land alterations including
expansion of tees and excavatio~ of ponds
within the golf course . A portion of -the
proposed land alteration is within 26 feet of a
City protected wetland . (Staff: Mike Gaffro~).
5. #2317 Khasrow Daivari , 1082
Loma Linda Avenue. After-the-fact
variances for average lakeshore setback and
structural coverage to retain screened
enclosure over a deck . (Staff : Brad Bressler).
6. #2334 Lecy Construction for Jeff
Jacobsen, 127 Chevy Chase Drive . A lot
area variance to construct a new residence
on a vacant lot where a previous residence
has been removed . (Staff : Brad Bressler).
7 . #2335 Lawren 2e Molsather and
Linda Sallee. 3285 Carmen Road .
Variances for average lakeshore setback,
lakeshore setback, and hardcover to replace
and increase the size of a deck. (Staff: Brad
Bressler).
8. #2336 Bruce Newton, 3580
Frederick Str·eet. An after-the -fact rear
yard variance to allow for the deck
replacement to be retained . (Staff : Brad
Bressler).
9 . #2337 Scott Young, 3359 Crystal
Bay Road . Variances for a rear, side, and
lakeshore setback to allow for a second floor
addition to an existing structure . (Staff : Brad
Bressler).
10. #2342 Mark L. Casey, 255
Landmark Drive . A conditional use permit
for land alteration and a variance for
excavation of approximately 2.2 cubic yards
of material at the shoreline of Stubbs Bay to
create a beach area within the existing
shared lake access lot. (Staff: Mike Gaffron).
A.II persons interested in these mal!ers
are encouraged to attend the meeting .
Written comments are solicited and should be
mailed to City offices no later than February
9, 1998 . Plans · are available for review by
. appointment. For an appointment call 473-
7357 and ask for the appropriate staff person.
City of Orono ·
By : Planning Commission
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
(Published in The Laker and Pioneer
Feb . 7, 1998)
,9_ 1996
I • I\ tj , ,... _ ......
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Land Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for _____ successive weeks:
It was first published Saturday
the 7 day of February 19.2..!L_,
and was thereafter printed and published every
Saturday, to and including Saturday,
the ___ day of_~-~-~~--.9 ;
'Authorized Agent
Subscribed and sworn to me on this
Phone
City of Orono
2750 Kelley Parkway
P.O . Box 66
Orono, MN 55323
612-473-7357 Fax473-051 O
LEGAL NOTICE
JANUARY 1998
PLANNING COMMISSION AGENDA
The Planning Commission will hold
public hearings to consider the following ·Iand
use appl ications on: ·
Tuesday, January 20, 1998
6:30 p.m.
City Council Chambers
2780 Kelley Parkway
Orono, Minnesota
1. #2289, Jon Pendleton , 350 North
Arm Lane . Conditional use perm i t to
seasonally allow a horse in the LR-1A Zoning
District .
2. #2290, Steven and Elaine Silus, 3225
Casco Clrcle. Conditional use permit .lo
grade within 5' of the south property line 10
allow a driveway and retaining wall . ·
3 . #2296, Robert Bredeson , 1395 Rest
Point Road . Variances for structural
coverage, lot area, lot width, rear yard
setback , and hardcover to construct a new
residence on a vacant lot and a fence forward
of the lakeshore setback . ·
4. #2312: Claus Weiler and Renee
Meerkins , 1135 North Arm Drive.
Variances for an oversized accessory
structure and side yard setback . A
conditional use permit to construct an
accessory structure in front of the principal
residence on a through lot.
5 . #2315, C . Douglas and Marilyn
Holcombe, 1040 and 1056 Loma Linda
Avenue . Lot line rearrangement, and
variances for lot area and lot width . .
6 . #2316, Mike Hilbelink, having an
interest in 120 Golden View. Preliminary
plat for a 3 lot Class Ill subdivision .
7. #2318, C .N. Ostrom & Sons, for
Jeanne Mithun, 755 Ferndale Road
North . Conditional use permit for guest
apartment in the basement. ·
_8. #2319, Ron Lauer, 1040 Tonkawa
Road . Variances for hardcover to remove an
Affidavit of Publication
existing residence and construct a new
residence . ., · State of Minnesota, County of Hennepin .
iJ.!r
·'·. 9 . #2320 , Christopher and Mary Smith,·
having an interest in 3650 Casco · Avenue .
Variances for an average lakeshore setback
to;'add a bay window over an -existing deck.
,<. ••
·'.:.' 10. #2322, Steven N . Fil ips, .2570
Thoroughbred Lane . Variance. for a fence
within 50' of a rear lot line on a through lot. . .
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
Minnesota, and has full knowledge of the facts
. 11. #~323, lim Nelson on behalf of which are stated below:
David Pom11e, 3120 North Shore Drive.,
Variances for hardcover"to build . an addition .
to ·.an existing residence. · · · . : . ··. I
r· · I A .) The newspaper has complied with all the
,·, 12 . #2325, Lake Country Builders on
behalf of John and C indy Olson, 950 North ' requirements constituting qualifications as a
Arm Drive . Variance for bluff setback to add . . • .
a '.porch and replace .an existing deck to an qualified newspaper, as provided by Minnesota
exi st ing residence . Statute 331 A.02, 331 f..07, and other applicable
;_. ~3. #2326, Orono Development ,LLC, laws, as amended.
~380 Shadywood Road. Variances for
tt.iirdcover and front yard parking setback and a commercial site plan review to construct an j
1:.·~00sq .ft.retail/servicecenterbuildin_g .. B.)Theprinted Planning Commission Agenda
,,,. 14. #2328, Freshwater Foundation,
2500 Shadywood Road . Conditional use
p'ermit amendment to update current tenant
!is .ting and tc:, allow a corporate research
center tenant. I
·" 15. #2330, Robert Beutler, 1331 North ~rm Drive . Rene~al variar.ice _for lot width to ·
cp~struct a new residence .
I
16. #XXXX, Mark Gillett having an
int_erest in 2160 Wayzata Boulevard .
R,equest for finding of substantially similar
use to allow a go -cart business to locate in
the Orono Mall .
All persons having an interest in these
items are invited to attend the public meeting .
Any written comments shall be sent to the
City Planner before January 13 , 1998 . Please I
call Liz Van Zomeren, City Planner/Zoning
Administrator at 473-7357 for further l
infprmation .
City of Orono
By: Planning Commission
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
(Publ ished in The Laker and Pioneer
Jan .10, 1998) · 1
------__ I
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for ---±--successive weeks:
It was first published Saturday
the JO day of ,January 19~.
and was thereafter printed and published every
Saturday, to and including Saturday,
the 1 0 day of----'='J#{i_,.,a~n'-'-.--(-~--19 9..8._;
tf. . -~ Autorized Agent
Subscribed and sworn to me on this
J 0
By:
IIQ<,p ·, ·aueuc . MINNESOTA
MY COMMISSION EXPIRES
JANUARY 31 , 2000 f rmat1on
(1) Lowest classified rate paid by commercial users
for comparable space: $12.90 per inch .
(2) Maximum rate allowed by law for above matter: $12.90.
(3) R9-te actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
City of Orono
2750 Kelley Parkway
P.O. Box 66
Orono, MN 55323
Phone 612-473-7357 Fax473-0510
LEGAL NOTICE
JANUARY 1998
PLANNING COMMISSION AGENDA
The Planning Commission will _hcild
public hearings to consider the following land
use applications on :
Tuesday, January 20, 1998
6:30 p.m.
City Council Chambers
2780 Kelley Parkway
Orono, Minnesota
1. #2289 . Jon Pendleton, 350 North
Arm Lane. Conditional use permit to
seasonally allow a horse in the LR-1A Zoning
District .
2. #2290, Steven and Elaine Silus, 3225
Casco Circle . Conditional use permit to
grade within 5' of the south property line to
allow a driveway and retaining wall.
3. #2296, Robert Bredeson, 1395 Rest
Point Road . Variances for structural
coverage, lot area, lot width, rear yard
setback , and hardcover to construct a new
residence on a vacant lot and a fence forward
of the lakeshore setback .
4 . #2312, Claus Weiler and Renee
Meerkins , 1135 North Arm Drive.
Variances for an oversized accessory
structure and side yard setback . A
conditional use permit lo construct an
accessory structure in front of the principal
residence on a through lot. ·
5 . #2315, C. Douglas and Marilyn
Holcombe, 1040 and 1056 Loma Linda
Avenue. Lot line rearrangement. and
variances for lot area and lot width.
6 . #2316, Mike Hilbelink, having an
interest in 120 Golden View . Preliminary
plat for a 3 lot Class Ill subdivision .
7 . #2318, C .N. Ostrom & Sons, for
Jeanne Milhun, 755 Ferndale Road
North. Conditional use permit for guest
· apartment in the basement.
_8 . #2319, Ron Lauer, 1040 Tonkawa
Road. Variances for hardcover to remove an
Affidavit of Publication
existing residence and construct a new
r~.:,idence . ' , -.I State of Minnesota, County of Hennepin.
··-9. #2320 , Chr istopher and Mary _Smith,·
having an interest in 3650 Casco Avenue .
Variances for an average lakeshore setback
toi add a bay window over an existing deck .
~ .
·!:··10 . #2322, Steven N. Filips, 2570
T~oroughbred Lane. Variance for a fence
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound,
within 50' of a rear lot line on a through lot. . Minnesota and has full knowledge of the facts .. . . I '
. 11 . #~323 , Tim Nelson on behalf 'of which are stated below: ·
David Pom1Je, 3120 North Shore Drive.I
Variances for hardcover to build . an addition
1 to .an existing res idence . . .
7< .12 . #2325 , Lake Country Builders on l
behalf of John and Cindy Olson, 950 North
Arm Drive. Variance for bluff setback to add
a 'porch and replace an existing deck to an
existing residence .
;_ · 13. #2326, Orono Development, LLC,
~~80 Shadywood Road . Variances for
ti,u:dcover and front yard parking setback and ~ commercial site plan review to construct an l
1J ,000 sq . ft. retail/service center build in_g. , ,
:1
,,,.. 14 . #2328, Freshwater Foundation,
2500 Shadywood Road. Condit ional use
p'ermit amendment to update current tenant
lis _ting and t<;> allow a corporate research
center tenant. I
~ .,
. . 15 . #2330, Robert Beutler, 1331 North
Arin Drive . Renewal variance for lot width to '
cp~struct a new residence .
. • • I
· 16 . #XXXX , Mark Gillett having an 1
int_eresl in 2160 Wayzata Boulevard ..
Request for finding of substantially similar !
use to allow a go-cart busines~ to locate in
the Orono Mall. ._ I
·. All persons having an interest in these ,
items are invited 10 attend the public meeting .
Any written comments shall be sent to the
City Planner before January 13, 1998 . Please
call Liz Van Zomeren, City Planner/Zoning
Administrator at 473-7357 for further !
information .
City of Orono
By : Planning Commission
Elizabeth A. Van Zomeren
City Planner/Zoning Admin istrator
( Published in The Laker and Pioneer
Jan . 10, 1998)
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A.02, 331A.07, and other applicable
laws, as amended.
B.) The printed Planning Commission Agena ,
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for _...,____ successive weeks:
It was first published Saturday
the J O day of ,Ia o u a ry 19.9..8...-,
and was thereafter printed and published every
Saturday, to and including Saturday,
the 1 O
Subscribed and sworn to me on this
J 0
By:
KRISTI HOLM
"OT~ o ·, FUBUC • MINNESOTA
MY COMMISSION EXPIRES
JANU(\RY 31, 2000 f rm t1on
(1) Lowest classified rate paid by commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220 .00
($50.00 per each additional variance) #
Renewal Variance Fee $120 .00
(no change from original application)
Vari"ance for non-conforming structures $220. 0 ·
After-the-Fact Fees (Double application fee)
PROPERTY INFORiviA TION
SiteAddress 3 S o CtT S co
Application # ,J, 3 J-6
Date Received /:;. -I i -CJ '7
Amount Paid ,P. :;, tJ, ~ . i /41lMfi-# 57& 2-
Property Identification Number (P .I.D .) __ ---=::::..~--L+--+---='-"'--'---____._.'--!..-_-=-=--L--..!'----
Attach legal description to application if not included on req!ed survey.
Date Property Acquired "lo ?·!? a I c 4 / /, f'~Lo :,;z ./16 J_g J? (month/year)
I (do) (~) also own the adJacent pardels of land. .
Present use of property: J(_residential __ other (specify) _________ _
Zoning District: 0 /l.,O'Yl o L R ...... l C.
APPLICANT
Name 11\f\ l 1G\H : u +:Ask · G-e r.sp ,, 1 -r l-
. Address: / 1 °t q Q 3 LU ,qe,hAM J-e, Cu ,., 1-R
OWNER (if different than applicant)
Name Ch ri sto ph er T ~ VV\Cl!f ~ £rri c~ V1
Address: 3&50 (Q sco P--veri u.e Or CJ VJ o
Phone (home) LI 7 4 g eZ 1 P
Phone (work) 5 L/o o -J I If
City : S b~ p c:f' LL,&r{J Zip: .5-S::.3 3 /
Phone (home) 4 f / -6 8" 3o
Phone (work) _______ _
City: O,ou1 o Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ ~ O, 00 o
/, 17 l.,/i:f::J,t) L,U 11-:&.L lt,tu1 L-o: w s f Describe request in detail: ·-1-u
~ 7 C p V. I • •
(attach additional sheets ifne ssary) 6+ w ;;1,l!)&w.s/a A41....1..., s-e c.e 1\-'+HkkD w I I I b .{J_ f>'i C ,c;:: e )(I->)-,, A--J
VARIANCES REQUIRED D r'L l'\-u.J I flj
Lot Area Lot Width Hardcover __ Lot Coverage
Setback: Front Side Rear -·--.
~ Average Lakeshore
. __ Other (specify) ______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
.Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements:. ___ ~-------------I
'£ ,ub Y'4L c (.., s Il l-+'?\ c e. , s / o c t4 fe c!J Ct he a JJ of A::DJfra? '1..-r
(£ 5 I D e N C--'f
(attach additional sheets if necessary)
7
REQUIRED SUBMITT ALS
All of the following information must be submitted bv the application deadline date in
order for vour application to be considered complete:
1.
2.
,.,
.) .
4.
5 .
6.
7.
8.
L
M6i
v
4',ci
NA
Completed Application Form . . . .
Certified Property Owriers List of owners within 150', labels and plat map (you
must obtain this list , labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-3271).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required . In addition, provide one (1) copy 8½" x 11." for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing
. grade are proposed. In addition, provide one (1) copy 8 ½" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11").
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of is/her knowledge.
Applicant's Signature ~0~~..&.~./:t!.tN~~~~&~ ivli:d:s a h/n
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees t this application and further authorizes reasonable
entry onto the property by City ·staff, consultants, agents, Commission members; and Co:uncil .. ~,. ·
members for purposes of · nvestigation and verification of this request.
'7 ~ vT
Owner's Signature u, ~-r 1 fl~ '--L L _A, ') Date / Z -I (, r_l '7 __,_ __ .:........;:;....._ ___ _
~
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at -all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
8
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You ate 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.
First Middle Last
,) u ;gp h..t#lu. d
Address
5 kv.> ff v.J oo 0
City
I understand my rights as stated above.
Signature
MAJ ,5]33/
State Zip
• FAX 473-0510
4f= 7c/Po11f
Phone
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
(c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to
supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue mav place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms. ·
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be informed of the content and
meaning of that data. After an individual has been sho\.vn the private data and informed of its
meaning, the data need not be disclosed to him for six months thereafter unless a dispute or
action pursuant to this section is pending or additional data on the individual has been collected
or created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to contested cases.
11
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City of Oror,o
P.O. Box 66
Crystal Bav,_ MN 55323
(t,12) 473-7'3'J7
12/18/97
LAND USE APPLICATION
1@ 220.00
#2320-3650 CASCO AVE
SUBTOTAL TAX
1 @ 0.00
TOTAL SALE
RECEIVED
CHANGE
09:56:17
220.00
0.00
220.00
0.00
220.00
220.00
0.00
CLERK# 01 TRANS# 5762
□
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TRACKING SHEET
FILE NO. Z f< O
Staff: D o.J 6,e !rfv,-
Applicant: /41d-vle. l/ 1-)-?1-tt {xff[Jv,l-c
Address: 36SO {orco&e.
Meeting with Staff:
Date Application Completed: 1-z;j(~f 7
Incomplete Notice Sent:
Date Property Owners Notified: J/7/o/ y
/ l
Date Legal Notice Published: l/l!J/C?F
I l
PC Meeting(s): ;/Zv/91 l I
2/11/9y ,, l
Notice of PC Action:
1/zr/'f 1;
2-/;g/"ff:
I l.
City Council Meeting(s): 2-/Z7/1f
l 7
Resolution
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