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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1705 NOTICE OF COUNCIL ACTION Date of Notice: 1/30/92 --------------------------------------------------------------------------- TO: Mr. & Mrs. Christopher J. Smith 360 Carlson Parkway Apartment #315 Minnetonka, MN 55343 TYPE OF APPLICATION: Variance DATE OF MEETING: 1/27/92 COUNCIL ACTION -MOTION: COPIES: VOTE: LeGran Homes 1521 94th Lane Blaine, MN 55434 4 For O Against 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 Fridayr 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. Please be advised that the resolution should have been executed prior to the issuance of a building permit by the City. We must ask that the resolution be signed as soon as possible. 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. lsv MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 (#4) #1705 CHRISTOPHER SMITH, 3650 CASCO AVENUE - VARIANCE -PUBLIC HEARING 7:27-7:30 P.H. The Affidavit of Publication and Certificate of Mailing were acknowledged. Mr. and Mrs. Christopher Smith were present for this appl icatlon. Mabusth explained applicants are proposing the reconstruction of a residence on the property. She noted that on I y an average I akeshore setback variance is needed. She noted that it is doubtfu I whether a house . cou Id be constructed on the property without the need of an average setback variance. Bel lows noted that for al I intents and purposes, the property to the south does not even have lakeshore. Chair Kelley asked If the proposed house would be in I ine with the next hou~e to the south. Mabusth responded in the affirmative. It was moved by Be I I ows, seconded by Sch roe de r, to recommend approval of Appllcation #1705, Christopher Smith, 3650 Casco Avenue, approving an average setback variance to a I I ow the reconstruction of an existing residence, based on the extenuating circumstances that the house d I rect I y to the south that must legally be considered does not meet current standards for lakeshore frontage lots and creates a hardship. Ayes 6, nays 0. (#5) #1707 JACK RHODE,. 1690 SHADYWOOD ROAD - RENEWAL VARIANCE -PUBLIC HEARING 7:31-7:37 P.M. The Affidavit of Pub I ication and Certificate of Mai I ing was noted. Jack Rhode was present for this application. Mabus th exp I a i ned this is a renewa I app I i cation seeking to tear down the existing residence but reta In i ng the foundation, which is partially located within the 0-75' area. She noted there has been no change from applications for this property. .approval existing setback previous Chair Kelley asked what would happen if it were determined that the foundation needed to be replaced. Mabus th noted that if any portion of the foundation needs to be replaced, the applicant must come before the Commission with a new application. 5 To: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: January 10, 1992 Subject: #1705 Christopher Smith, 3650 Casco Avenue - Variance -Public Hearing Pertinent Ordinance Section 10.22, Subd. 1 (B) -Entire residence structure shall be located in front of the average lakeshore setback line (review Exhibit H). List of Exhibits A - B C - D E F G H - Application Neighbors' Acknowledgement Forms plus Approval Letters Property Owners' List Plat Map Certificate of Survey Hardcover Fact Sheets Building Elevations/Floor Plan Sketch of Average Lakeshore Setback Line Description of Request During the preparation for the filing of the building permit application, it was determined that an average lakeshore setback variance would be required. Because of the delays presented by the limited holiday meeting schedule, the applicant/owner made a formal request of the Council that would allow staff to issue a foundation permit for the new construction. Applicant had already filed the variance application for the January meeting. Council denied the special request because of the issue of negative precedence setting and that the application would be scheduled for Council's action at their January 27th meeting involving merely a two week delay for owner. Review Exhibits C and H. Because of the configuration of the adjacent lots, an average lakeshore setback variance would be required for any plan to reconstruct a residence on the subject property and meet all other required setbacks. Please review Exhibits F and G. No other variances are required. Note that excessive hardcover within the 250-500' setback area already exists. The hardcover within the 0-75' zone is an existing sidewalk and stairs. No changes are proposed. Applicant should be advised that any plans to alter existing improvements within the 0-75' setback area will require a building permit and such improvements will be limited to the approved standards for lakeshore access stairs. Zoning File #1705 January 10, 1992 Page 2 Hardship Statement Please review Exhibit A. Applicant notes the following hardships: 1. Configuration of adjacent lots -lot to immediate south has a platted corridor and is classified as a riparian lot subject to average lakeshore setback standards. 2. If average lakeshore setback line standard was to be upheld, the lot would be technically unbuildable. 3. Proposed construction will have no impact on the viewing windows of the residence to the immediate south. 4. The adjacent neighbors have submitted letters approving the proposed construction. Please note in your approval recommendation to include the notice to the applicant concerning improvements within the 0-75' setback area and that such improvements require building permits from the City of Orono. lsv Zoning File #1705 January 23, 1992 Page 3 Additional Comments and Planning Commission Recommendation PC members noted the unusual configuration of adjacent lot to the south and added that such a lot would never be platted per current zoning standard. Members also noted that the view windows of the houses on the adjacent lots would not be impacted by the proposed construction. The enclosed approval resolution has been drafted per the findings of the Planning Commission. ch '• CITY OP ORONO -VARIANCE ~PPLI~TION Initial Application FeL$175:(llL) {$SC.CO p~r each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) --------♦-------~--------------------------~-- PROPERTY LOCATION Site Address "3~('D 1CA,t..LC -~-U'\.~~ Property Identification Number (P.I.D.) j).0 11 6 ..:2..S.SIDOl./3 ;;;~;~~?:!!!~!!:~~~:~~~~~-::_:::~~:~~~~~-~: __ ~t~-~~~~~:::_:: ______________ _ APPLICANT PhonJ (home) ~ Y) '°-.JJ.e 2!:: Name Q.l'""<..-\o~ ~-Sv-.,\-l, r one (work) '5 79 -~ J C}o 4pt-1lS-, ------Address:_ sloD _ ~~\<i,e.\~-\) .... r-~~'Q __ City: ~L-\'V\v\.~ --K.'L Zip :___5$ $Y3 --- PhonJ (home) b.3 ~~!-56 \ OWNER (if different than l~licant) h.e.G ~rv\e.-s Name one (worlc) 780£7_5'6 (month/year) I (do) ~also own the adjacent pa eels of land. -----------~-----------------------~-------------------------------------- PRESENT USE OF PROPERTY Present zoning District LR-I c_ Present Use of Property ~~ide~t~ . I --~--Other 1(specify) ------------------------------~---------w------'----------------------------- DBSCRIPTJQff OF REQUEST Estimated Con1struction Cost $ _!::,;;J.~, 000 . Describe r;equest in detail: ~~;l--~?T&~h .V:r2;_1/J;!~~•t0 ~.s ~!to ~~ BM<.. -----~=-:~~~~':.-~-~??!±.:?J._~-~:! __ 1::?!_!-!: ___ l,t_~~---~~--~-!=-~~:~-------- VARI.ANCES REQUIRED l . ___ Lot Area ___ Lot Width Hardcover . I Setback variances ( ___ Front ___ Side 5e:r ~AGlL \)~ i ftN<. L Rear)· --- Other NOV 18 '91 15:20 6127864166 j ' ., --:..--, -...,,---~ PRGE.006 NOV-18-91 TUE 16:24 s CH'::'· L;T :I,!?,·~ -FL B ci -~-~:·. -------------------. ,, " ·:r ·'"7" - p -d .. .J ./ ;; & ID\.,U,SBl'P j/ 65" '~~.Y Describ~ undue hardship or practical diffi ulty resulting from st~ict , enforcernent of zoning regulations: ' Lu..r, ~· \ :> \-~.::...\-~.;,cl i.)...V\ hv1..~\J.J..{e,___ \~ \.(~--\ . . '01' • 0~ <;_ (~ 't'"Uci:'. n~SCRIPTION OP UNUSUAL PROPERTY CONDITIONS I Describe unusual property conditions preventing compliance 1. 2. 3. 4. 5. 6. 7. Code ~equirements: A:cl1 '· ' ....... ◄ Completed Application Form Certified Property Owners List of owners this list from Hennepin County Department 348-3271). ~.un:-:{ ~ithin 150' {you o~ Finance A-603 Plat Map (obt~ined with property owners lit). Certificate of survey (signed by a lice sed surveyor) to tnclude hardcover calculations as required (prov! e one (1) copy 8~"illh for reproduction). Topographic su~vey (e~isting and proposed elevations) if any changes in existing grade are proposed (pro'1ide on copy a31nxll''). Sketches or plans of floor & elevation vi_1ws (provide 1 copy e~"xll H). As an addendum to this application, please,1.attach a separate list of any other persons you wish notified of thi application. s. A~ditional items as may be requested by cily staff. The Applicant and Property Owner must sign tthis application. Please remember that our variance a lication is no lete if the above information has not been included. ----~---~---------------------------------------~------------------------- APPLICANT'S SIGNA~ · The applicant hereby agrees to provide a 1, information required or requested by the Zoning Administrator, agrees tb pay additional fees (staff time not covered by original fee payme~t) ~nd/or consultant ~xpenses incurred ~n review of this application, and ~~jtifies that the information supplied is true and correct to the b~st of his, her knowledge. OWNDS SIGNATURE The owner hereby ackowledges and agrees tot authorizes reasonable entry onto the property a9ents, Com1nission members, and Council member tion and verification of this request Date t( -t9-9 l __ _ is application and further y City staff, consultants, for purposes of investiga- OWner's Signature l • Date _U-19-?/ ·--~--------~---~------~--------~-------------.:...l..------------------~--~~----- Applicant must have all submittals into the city offices 25 days b~fore the Planning Comcnission Meeting. Planning Cornmis~ on Meetings are held on the third Monday of each month. Applicants .must e present at al. l scheduled review ~eetings of the Planning Coznmission and ouncil. If an applicant is unable to attend a scheduled meeting, please +ake arrangements t9 have an authorized agent attend in your place and to a'dvise the Building & Zoning Office of this change prior to the meeting . . . Nb 1F·1s· '81 15:20 ' 6127864166 PAGE.007 ----------------.-------------------------------- . rm ·11 ·••.•···· D.C.B ELL WOR LD 1/! /;' ,! I: //i C>t.oV\o a.,~ ~~t..l\ r:! . ,J I,· :,, i:: i':j ~\~e.,_ ~e.. ·~\)t~ ~~-l: ~ ~ OWi'lQS" :i ~ o... ~G..~ o~ \~ J.. 11~~ locu.~ q.f P.2 ';r ~"tee ~ ~~ ., : ~ ~~~CJL.l ~ ho~ t~ il ~~t-1.,t\_~ ~ ~~ \'"-• ~4-e.J. A,+ 3t.so e..-.C<> Averi«e... I ,I !.'I " ~ ) ~t~ ~~ ~ · Mc.)1'<.td -Hi~:I-:r ~ ~e.... ..• ¼*,;,. 1)-....t ... r\~ I",,· ""'~ ~-+kt.. Gl..~~<L s~~ ~~""~("\ €.P-4btL. a.. hccA.~~ ~ be- :;: .. \?~~\'\"' on ~ ~ 'te(>-~ a..4-~lPSC ~u. ~Oe.rt~. ·,,1 , ' (;> !,\ ::I '!:. 'MJre.\. J "'-'"", ~ c.. 4., ~ ol, J't-~J,,,,.. S. &. s.~d ,.,,,f" I? ;:/ .~ 0-\)~ e_.. ~d-b-,c.k 1t~\~O~ Q,,~ ~ ~dc.h:;. ~ ;.; ~ ttcr"~~ct loCA+t'o · o+---M..e, ht,IA.s.e_ fe be_ 6u, /+- (l1-" 3G,,.('"O ~i>C~ Jtvb'J I, '..! '· ., '' ,, ' ',I ·1 · j ii ... ·' ', ,,, itt '·• ·~ ·•·•· • • ',,,,, ,, • ' '• i,: :1 · u, . ' ... •'•' . :1. . . '' ' ~ , . ·' ·, I 200' 3Eltld .. t·W'•i-21-91 FRI 11:44 S~3Siria~ 1N3W1S3 ('JNI WO~~ ~1;i1.L.--612 639 l.t146 s;; ! : ; l l 8, 02 r"lON p l'1 ·) ~.t,;ia~·: \~"'ii""ir""( _,~;~r-,--.: .. ic<;~ -------------------------------------------------'"' ·-·- f'IO./ 21 '':::11 11:35 D.C.BELL ~.JORLD ------------------- ; I P.3 .P:-opa:t.y 0w'ners • >.e~:no'lli"~ dg~eint J'or:m. of,: .3 2a:P ~,cD LkJfL print add:-e,u J I ha~, raviewed th• pla~• rev ment Q~ p~oposed ~$e of the prope:ty l0eated at .-::~s::;.1a11,-,i,,mal,il-'lmll:.~......,i""""'-..... AppJ..ieaticrt No. a so ~efe:=ed to as Land use X Cwe) understand. tha.t in ni t~is. a.r:k:ncwl.a<!gemen.t:., I (we) ~m. {ar•> not:. asked t.o dealar6 approval .o dieapp; va.l of the p:eoperty e:-use but mertlY to eonfin'I for the City c ~nctl ta~ I (we} am Car-e} a~a~e of the imprgveme.nt plans and -f;hae tht · :;opose~ neigltbo,:'s piojtct or \HH!: requires C¢u~gi1 prc•al. *1*****•2••···-····~ ' .. ' . have revie..,&d the plans for: tl=.• p:cpos d:. iit'lpro ament or proposed us& i:>! the p?'epei:t.y locate4 at. ·• arls~ ref&~:red te as :r...1.nd Use Applicat.tol'1 Mc. --• I Cwe) u~de~sta~d that in •xeiu ing thi acknow1adge~ent, i (wa) am (i~a) not 11~e4 to deelare,pproval· o 4isapp cval gf the p~operti or us• hut merely to cont:h::n for the City. C u.110.tl h.at t (we) am. (are) awa.=-e of the imp~ovement plans arid that the ro~os~ =•!qh~er's project ot use requ!:es co~ne11 approval. %! you have any in(o:i:ma.tien that th.i.e Land Ose Application., p:l,11uuu1 111.1 Zoning Offi<:• at least lO d&Yl'I p,::!.e~ t P te .aate ay asl 1 .t the ~ity in th• review of .te you.,~ eemments to thia Sui lding i the~ b~4UlQd =•etir.g daee. I I I l I ! i ' V' 612 '?8S~is's PASe .. 014 .;•' 80(ZI' 3Ell::ld t·W',/-21-91 FRI 1 l. : 4 4 S~3Sina~ lNEW!S3nNr WO~~ ;i);i),J..-i:-",1? ,::;..~Q 1CLd.C 20 November 1991 Mr. Mike Gaffron Assistant Zoning Administrator City of Orono Box 66 Crystal Bay Road Orono, Minnesota 55323 Re: Variance for Building Permit for Christopher and Mary Smith at 3650 Casco A venue Dear Sirs: We are the owners of the property at 3630 Casco Avenue, the property adjacent to the referenced property on the south and west sides. We have reviewed the proposed location of the house to be built on this site. The house is proposed to be located approximately twenty feet from the north property line (aligning with the north wall of the existing house) and a minimum of twenty-two feet from the southwest property line. This location is five to six feet northeast of the location originally shown on the site plan. A sketch of the proposed location is enclosed. We feel that this proposed location will not adversely affect our property or views of Lake Minnetonka, and that it will minimize damage to the large trees existing on the site. We have no objection to this location. We encourage you to grant an average lake setback variance to the Smiths for the house at this location and allow them to proceed immediately with construction. Building during the winter months will lessen the impact of construction on the trees. Sincerely, ~~ Kerry Graffunder Date: Date: pmg5m.ct cc: Christopher J. Smith ~OV-1:s-91 TUE: 1-" ~-------------~=~:~2 ~:B~~S~CHULTIE:S Adjacent P.::-operty Cwners' Ad;nowX . G ~~: ~~~~ of .· (print name(s)] ~ dge.ment Form r .~1:C?Qf5CQ~ print address] P -1 4 have reviewed the plans for the proposed improv mentor proposed ~se of the property located at 3',S'"Q (>a~CQ A r/€..¥1 '-L,e_ a1so referred to as Lar.d Use Application No. ___ • : I (we) under stand that in ~xecu ting thi ~' acknowledgement, I (we) am (are) not asked to declare approval or disapprpval of the property or use but merely to confirm for the City Council tpat I (we} am (are) aware of the improvement plans and that the propose~ neighbor's project or use requires Council approval. ' D ~, \bi~ qAL ~9---. ; \ _ ~rt~~e ~ -D"'.":"<1!-t-e~~-l.-----lU.----~~-~-- •~••~~*~**~ ****~*~*~***** ** ~1•*******• I (we) _________________ of, ______________ _ [print name(s)J :f fprint ·address] have reviewed the plans for the proposed impro+ement or proposed use of the ~;;r::at:io~ o~:~ed at • . . aj:l so ref erred to as Land use I (we) understand that in executing thi acknowledgement, r (we) am (are) not asked to declare-approval er disapp oval of the property or use but merely to confirm for the City Council hat I (we) am (are) aware of the improvement plans and that the propose neighbor's proje~t or use requires Council a9proval. Property Owner r, Property Owner • Date If you have any information that may .JLt the City in the review of this Land Use Application, please submit yoo.1r comments to the Building & I Zoning Office at least 10 days prior to the~ heduled meeting date. Nou · 1s ·•91 15:24 8127884188 PAGE.Gt 4 n aj RUN DATE 11/22/91 BATCH 001 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR .PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/AD DR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 11 TAXPAYER NAME/ADDR 38 20-117-23 31 0002 00038 ADDRESS UNASSIGNED ROY SCHRADER ETAL ROY SCHRADER 3704 CASCO AVE WAYZATA MN 55391 38 20-117-23 31 0021 00038 ADDRESS UNASSIGNED STATE LAND DEPT CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0031 02914 CASCO POINT RD D & M PRICE DAVID H & MARY J PRICE 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.AV WAYZATA MN 55391 38 20-117-23 31 0062 02740 CAROLINE AVE D F KETCHER & DA KETCHER DONALD F KETCHER 2740 CAROLINE AVE WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 31 0004 03703 CASCO AVE CARLOTTA F GABLES CARLOTTA F GABLES 3703 CASCO AVE WAYZATA MN 55391 38 20-117-.23 31 0027 00038 ADDRESS UNASSIGNED STATE LAND DEPT . CITY OF ORONO PARK 4/13/79 ST.DEED 156754 38 20-117-23 31 0039 03704 CASCO AVE ROY SCHRADER ETAL 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 TOTAL BATCH 001 00013 REPORT NO. Pl'.435491 38 20-117-23 31 0005 03709 CASCO AVE ROBERT PRESLER . ROBERT PRESLER 3709. CASCO AVE WAYZATA MN 55391 38. 20-117-23 3i 0030 02918 CASCO POINT RD RAYMOND J FRANKENFIELD RAYMOND J FRANKENFIELD 2918 CASCO POINT ROAD NAVARRE MN 55391 38 20-117-23 31 0040 03700 CASCO AVE PAGE 1 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 -.• RUN DATE 11/22/91 BATCH 001 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY O~NERS 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 MY KNO~LEDGE AND BELIEF.,' ·"/ /2_n, ~) . DATEIJ~I ~, BY. ,m . · ( -r ·· ························-'361···· .-:•. "3~r%.-· ~ LDE~,·.·.: -~ ::2._ UT lDN e:::,' J ----'!!~_ ~ c:::::!J ',, ___ @:!f: ' ~---~-' .. ~ -? , , 1 I 1 ~ '"' "'1' t,Q. ~ 1~ I 1- ,. I . ( 5) ', .,'/ ~ I~ ,'.,, ~--.; :; ~ ,- ~ ··-·---··-1.11 I · r.;.. IO ,o,; ' ,'~'(3,1) ... ~•··· •• 1111 ·n1 101 5. DRAWN BY I lFSICSED BY CERTIFICATE OF SURVEY FOR CHRISTOPHER & MARY SMITH OF TRACT A, R. L. S. NO. 1147 HENNEPIN COUNTY, MINNESOTA REVISION DATE DESCRIPTION ! ~m.1>)' certif)' th.it lhis SUr.'I.")' was prl."pnt"d tir mt or undt'r my dirt'C1 super· v1stt.ln, and that I am ,1 du!y n.•gistt'rl-d Civd Engint'\'T and Und Survt>yll! un.:kr thl' !.iws of thi:Stil!l' 11/ Minnt•sola 7.<"/°· ,,,, .. MJrk 5. Gmn1"'1i; Minnl·SOlil Lkl'll!>'.' Numh..•r 127~ - ,rt /"A1,-,.r<1 c1rr1ru.ur ,) F~llJI#-' ''"'<M • fr~.~ .i) ,L,4v<,1r ,,,,,,,, ,,.,,,,$ I} T'fll ,-, '"°"',._, "' 1SJ.S Legal Description Tract A. Registered Land Survey No. 1147, files of Registrar of Titles, county of Hennepin. This survey shows the location of a proposed house in relation to the boundaries of the above described property. It does not purport to shaw any other improvements or encroachments. o : r.t:'on marker found Bearings shown are to an assumed datum. ~ ;::: ;':::.:.~crr:_t;:,;':{"' J --,._' --n,,,,,~ <",,,..,.,_ --f.fI1J-,,.,,.,,..,,, .. ('.--lt CERTIFICATE OF SURVEY FOR SCALE CHRISTOPHER & MARY. SMITH OF TRACT A, R. L. S. NO. 1147 HENNEPIN COUNTY, MINNESOTA 1••zo· SHEITNO. DATE JOB NO. '11-1"}1.. E / .. , .. ,.· .. C/1£1.f F/lt1r)J HARDCOV~R.~ALCULATION WORKSHEET SETBACK ZONE! (CIRCLE ' ONE) 0 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A,. HousE _··· __ ._ .. _. __ X ------= ------S,F, LENGTH WIDTH _____ x ____ _ I • -----·X ------ ·,.• " -----x · ------ -----X ------ B, GARAGE C, DRIVEWAY D,. SIDEWALK i !"-rJ IA../", E, PATIO/ .. DECK F' LANDSCAPE AREAS UNDER LA IN BY ·. . -PLASTIC SHEETING G, OTHER X ,! •. , -----X X -----X X X X -----X X X I -f\" X X ToTAL HARDCOVER IN ZoNE ToTAL PROPERTY AREA ~N ZoNE = = = = = = = = = = = = = = S,F, S, F, S,F, S,F, S,F, S,F, S,F, 2<?5 S,F, s IF' S,F, S,F, S,F, S,F, S,F, S,F, _____ S,F, _____ S,F, 0 _____ S,F, [i] -;-(]] 79,PO X 100 = 3.57 % , .... . .. -.. •·-,, ••• r•1-• /l-2_5-91 --- :.:·· . , ...... i,·· •• ('I/RI/ .f/"1 n ·I/ . HARDCOV~R JALCULA TI ON WORKSHEET SETBACK ZONE: (CIRCLE · ONE) 0-75' (!-5--2-5-□J-, 250-500' 500-1000' EXISTING HARDCOVER IN ZoNE '· A, · HousE __ ., __ ·_-·_•·.., __ x _____ = 2 9 6 o s,F, LENGTH WIDTH _____ x _____ = ____ _ S,F, _____ -x _____ = ____ _ .s IF' ,., .. _____ x_· _____ = ____ _ S,F, i..·· '320 Pol?.<:H___,.. ____ x -----'--= ____ _ S,F, f' B, GARAG~----.-.. -.... -~ .. ---X -----= -----S, F, 3iJ 2 ·(J C, DRIVEWAY _____ X _____ = ---=....;;_=-=;__ S,F, ·.·, _____ x _____ = ____ _ S,F, D;. SIDEWALK (P~QPOf~o) X-,-____ = ___ /'-=-J_3~--S,F, EXtJr1w<r ,-I) LAKt,.lrA1~.J . ______ x _____ = __ ._1_3_2_._ S,F, .t' - ·,. -~----x-'------= E, PATIO/ . ----- DECK ______ x _____ -_. __ 2~7~6_ S,F, S,F, F, LANDSCAPE /-'/ C'f(!; o,: X -~---= AREAS ~~II.I( ----- S ,F, UNDER LA IN BY . -,------X = PLASTIC ----------S,F, SHEETING --..--..---x _____ = ____ _ S,F, _._._,.._. ---X -----S,F, G, OTHER _____ X _____ = _____ S,F, ToTAL HARDCOVER IN ZoNE TOTAL PROPERTY AREA ·1N ZoNE (td'~/ S,F, m 2Z 71.)0 . S,F, W -;-m L. 7, 7tJd X 100 = 2'1-70 % ••' .. ···-··"·'"''" -·· •·-,. •••. "-t• --···-··---------· --·--------- .. / ., .. ..... .. Cl✓RtJ f l"tri'f/ . HARDCOV~R.~ALCUU\TION WORKSHEET . SETBACK ZONE: (CIRCLE ' ONE) 0-75' 75-250' @3 500-1000' EXISTING HARDCOVER IN ZoNE A, · HousE _ .. , __ ._._ .. ~ __ LENGTH X _____ = _____ S,F, WIDTH -----X -----= -----s, FI I • ____ ___:__ -x -----------s IF, ,.• .. -----X · ------= _____ S,F ,· _____ X _____ = SF -----II B, GARAGE X -----= -----S,F I . -~ , ___ ........... ~ . , -,! ... C, DRIVEWAY X ___ __:__ = /S~O s,F, · ... c~:, ... -----X -----= _____ S, F, DI. s IDEWALK E, PATIO/ .. DECK FI LANDSCAPE AREAS UNDERLAIN BY . PLASTIC SHEETING G, OTHER - ' .. ,, .. X .. , , .. X X X X X X X X = .,• --,-----------s IF,· V = ----------S,F, -----S,F , = ----------S,F, = ---'--------S,F, = ----------S,F, _____ = _____ S,F , _____ = _____ S, F. = S,F, ------------- ToTAL HARDCOVER IN ZoNE ToTAL PROPERTY AREA ·~N ZoNE /S?O .Z3PO S,F, m S,F, w I}]· 1seo X 100 = 66.3 'J % ,,. " ···-•·"'···· . ... ··-..... ,-1.r ••u ••••• •• ....... -----·-··-··· .. ··--------- 11-,25~; ·---...._ ··-'..t . 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" 1 ~~~~=1.1 L ~•-9• 'S\..Ae>~ I ) ' 'LC, ~.J?S.-\&,"c,.C,,11 16,-~" eLo<-'- 2c'.-b' !'fer. -- .e,· eLa::.:. i l(,-12:l!,l,c. -6+b· Ai, ·o -~ .Z...11, Joi!;';' /(.,''o.t.,. [l._;c.oo1. .)o'S'f,;, I I ,,....,.,., ii II ~ ~ '<f.i "' ~ c:,'--o• 1- ';() ·o -· ·' "' "' ..,. l.__i;..<-f""'>T aJ At, -lh>-.... 1!,.· C,.oW(.,.. ~ 0,.., 'l':..i.z!.,._\~ f'Tb · ' -i.i:.. e, ~ IIC-.•l'L" el-OU:. 1o'"E;' Ffc,. w'-e,"+; L_-= 0 -foC;J::,.t.T,o~ r...t.J ~u;,: 'Jf•l'·o· --- 0) co co <D (D C') CD (\J ,- co o6 . oo zz zz Z(!J ~/4'.Cf) U:_JUJ cia..O REVISIONS: DRAWN BY: COMM. NO.: ! ....._ _________ _:._ _______________________________________________________________________ --bl. __ ....., ·o ·.j "' i 0 :rlT 1i n ti§ ~ i j .. ~ 0' e~ t-----:-=--------------~"'."'lo:..:'·!:_0::__·· -------------------.. + /-~~--~~~~~-~- j '4<,z. J,;sf::, ...; ('1'0.£.,. i .... l. J ':l. :!\ ~! ) C Ji )!l :; -{,'" ~ SE.l.o::,u fc<2.,:,il -~·~ 4t'l. 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I I / / +----~ ~-+~-+-~ ~ ~ 1L 1-~-----~ ~ l -l------------"' \3'-o"' '1 // / / /\ / \ / \ ' >, " / L.J-,-_-_-_-_c.: -"'°--_-_,+-111----+~-=-----H~ :t -~----=~---- s' " ,.,:, I I I I I I I r L __ J i__ __ JI rj ~, I I I I I I I I I ~ ii +---.----r-----+ L---L 0£':c,,ct)b ~.z. f'--AJ ---~' 'kr"•i'·'' --- '""" '1>.f, wow,, -,'.1'/1:," ~ ilT, oJ ~ f\-"9"-(~Ab'-"""'") A.)~ f"P''--.... ~ ul,..li,oui<;, \ \ / / CJ) co co (D (0 C') CD C\l r- (D 0() • <:Jo z~ zz- Z(.'.} a.:<(55 LL....IUJ cia.Cl DATE REVISIONS: DRAWN BY: COMM. NO.: DRAWN BY ,·1 ~ I 1r5 1GN ED BY REVISION f 2 CERTIFICATE OF SURVEY FOR CHRISTOPHER & MARY SMITH OF TRACT A, R. L. S. NO. 1147 HENNEPIN COUNTY, MINNESOTA DATE DESCRI PTIO N ll·ZJ.JJ I AJ' ;.,;" 1..,,.c., ,:, o f !,e.,of;on add I h"rtby rtr1ify th.ii lhis SUl'Vt')' wu ptYf',lrt'd by mt Of undtr my dirffl su~r- vision, .1 nd th.I t I ,1n1 • duly rq;istt'rl'd Gvil En gin'" ,nd Lind Sun·tyor undn ttw I.W$ ol lhc-SU I~ of MinnnoU. '/• 1-.,, .l:ev1'red ,t:,-iVe""'1dJ' fo rli?d,,c~ H*~,,lc4v'!r /,!,-.. /'· / (., I I / / / / . ,,r.~ .1) 1~1, ,,,,,,,,, '""'·s ,, ,.,,. ,,, ,,.,.1,.,, • ,s~.s '/ / / Le gal Description Tract A. R~qiate red Land Survey Ho. 1147, files of Registrar of Titles, County of Hennepin. Th i s survey a ho-w.s the location of a propoted house in relation to the boundaries of the above des cribed property. lt does not purport to a how any othe r improveme nts or encroachnlenta. o : If'on marker found Be arings shown are to an a ssumed datum. ~ ;:::-::::1",.:.t::';'"'' --9 ••--nu,,,~ r,"'"_ -..fE'Il-,,,,,..,,,,r-• CERTIFICATE OF SURVEY FOR SCALE CHRISTOPHER & MARV. SMITH l'•ZD' OF TRACT A, R. L. S. NO. 1147 HENNEPIN COUNTY, MINNESOTA SHEET NO. DATE 11•14~'91 JOBNO. ,1 •1~- CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. and Mrs. Chris Smith 360 Carlson Parkway Minnetonka, MN 55343 APPLICATION NO. NOTICE OF COUNCIL ACTION Date of Notice: 12/20/91 COPIES: John Schulties LeGran Homes 1521 94th Lane NE Blaine, MN 55434 TYPE OF APPLICATION: Request for a Foundation Permit Prior to Variance Approval DATE OF MEETING: 12/9/91 VOTE: 5 For O Against COUNCIL ACTION -MOTION: Council voted against your request for staff to issue a foundation permit for the construction of your new residence. Council recommended that you continue to work with the Building staff in order to complete the filing of the building permit application providing staff with all necessary information so that a building permit can be issued January 28, 1992. Your variance application will be reviewed by the Planning Commission at their meeting of January 21, 1992 (Tuesday). The application will then be immediately rescheduled before the Council at their January 27th meeting. Please contact Lyle Oman, the Building Official, if you have any questions pertaining to the completion of your building permit application. cc: Lyle Oman, Building Official ch MINUTES OF THE REQU~AA ORONO COUNCI~ MEETINQ a CICKMii" §, l§§i #1703 -CONT. Gibbs noted the people who think they own the area to be vacated are present, the Knoxes. The Knoxes had no problem with the proposal as presented by the City. Callahan withdrew his motion. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #3054, application #1703 for Edwin and Tracee Gibbs for the vacation of Clara Avenue. Ayes 5, nays O. (#9) CHRISTOPHER SMITH, /J v::' 3650 CASCO AVENUE -REQUEST FOR FOUNDATION BUILDING PERMIT Chris and Mary Smith were present for this application. Moorse permit permit needed. explained this is a request for a foundation building because it was determined upon application for a building that an average lakeshore setback variance would be Butler noted the letter of request indicates because of "lack of snow . . . ", she felt the basic premise for the request has been nullified. Goetten noted a request like this has never been approved, that she could remember. · M. Smith noted they have taken great steps to preserve the 12 maple trees on the property. She noted they have retained the services of Rainbow Trees who has advised that it would be best to have the heavy equipment on the property during the time period the trees are dormant and when the ground is frozen so there is less crushing of the roots. Goetten indicated their request probably would be approved at the end of January. Smith noted the road restrictions are scheduled to go on mid- March which would delay construction. Jabbour noted the Council does not have any recourse if they approve the permit at that point. Smith reviewed that prior to purchasing the property they met with Inspector Vang to find out if variances would be needed for construction. She noted their plan had been revised in order to comply with hardcover restrictions. She stated that if allowed to proceed and they were not granted approval, they would bear all costs for removal of the foundation. CHRISTOPHER SMITH, 3650 CASCO AVENUE -CONT. 9 MINUTES OF THE REGULAR ORONO COUNCIL MEETING -DECEMBER 9, 1991 Goetten appreciated the applicants' concerns, but noted this type of request had never been allowed in the past. John month that built Schulties, builder, noted that he would need more than a to complete the foundation and backfilling work. He noted if the trees are to be considered, the house should not be within the coming year. Smith reiterated that after three meetings with staff, they were still not aware of the need for variance approval, and noted that is why the application was not submitted earlier. Mabusth noted that Vang was never supplied with a copy of the plat map indicating layout of adjacent platted lots. Smith noted it is an unusual property and he does not blame staff for the oversight. He stated that in conversations with the City, no one thought to look to the property to the north because they have a corridor to the lake with a dock for setback requirements. He noted that if the foundation is not started immediately, there will not be enough time to bring in the materials for construction. Butler stated they appreciated the applicants' efforts, but felt approval would be precedent setting and she noted she could not approve. Jabbour noted the Council does not have the power to reduce the steps to a variance application which are required by law. Smith asked if the code specifies "adjacent resident structure". Barrett explained the code specifically states "the distance from the shoreline of existing residence buildings on adjacent lots", which would not allow for approval of the permit without variance approva 1. It was moved by Butler, seconded by Jabbour, to direct the request of Christopher Smith of 3650 Casco Avenue to the Planning Commission to follow the normal and prescribed course of events for a variance application. Ayes 5, nays O. MAYOR/COUNCIL REPORT A) It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3055, with the appropriate changes, to be sent on to the appropriate governmental body regarding the repeal of the presidential primary. Ayes 5, nays O. B) It was moved by Jabbour, to draft a resolution to be sent to communities around Lake Minnetonka asking them to urge the LMCD to adopt a policy whereby actions will not be taken on shoreline issues without giving a 30 day notice to the affected city. 10 To: Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: December 6, 1991 Subject: Christopher Smith, 3650 Casco Avenue Request for Foundation Permit List of Exhibits A -LeGran Homes Letter, November 26, 1991 B -Letters from Adjacent Property Owners C -Sketch of Average Lakeshore Setback Line D -Plat Map E -Development Packet-Site Plan, Elevations and Floor Plans Description of Request In the process of reviewing the building permit application, it was determineed that an average lakeshore setback variance was required. Review Exhibits C and D. Although the property to the immediate west is platted with a 20' corridor to the lakeshore, it still qualifies as a lakeshore lot and therefore subject to the average lakeshore setback protection. The concern of the property owner is the delay created by the fact that there are no Planning Commission or Council meetings scheduled for the last two weeks of December. The Smiths have filed the required variance application for review at the January 21, 1992 Planning Commission meeting. The application will be immediately scheduled for review by the Council at the January 27th meeting. It should be noted that had the Planning Commission held their optional meeting on December 16th that the Smith variance application would not have been renewed by the Council until January 13th. Please review Exhibit A. The property owner claims construction difficulties and further delays and increased costs because of the road weight restrictions in mid-March. Staff would argue that because of the snow cover, frost depths have been minimized this year. The major concern appears to be the mature maple trees and the need to complete foundation and heavy grading work during winter months to ensure trees' stability. Applicants were advised that the earliest this variance application could be presented before the Council was January 27th. The only variance sought by the applicant is the average lakeshore setback variance. The previous house had existed within the general vicinity of the proposed house. The adjacent neighbors, review Exhibit B, have voiced no concern with the proposed new construction plan. The applicant has asked for special consideration of the Council in light of the time of year. The owners ask that a building permit be issued only for the foundation of the structure. 3650 Casco Avenue Page 2 December 6, 1991 It is not the policy of the City to issue building permits for foundations only because of the possibility that the building permit for the remainder of the house may never be applied for and the City is left to deal with the potential hazards of the foundation excavation. Applicants should be advised that at this time of year to excavate a foundation requires special preparation. The City would require the capping of foundation with the first floor, the heating of the foundation and backfilling around the exterior of the foundation. Applicant's contractor had originally discussed merely placing hay bales to protect pertinent areas of the foundation structure. The applicant's contractor has advised that the Smiths are both attorneys and are prepared to enter into an agreement with the City to agree to remove said foundation if the average lakeshore setback variance is not approved by the Council. Staff would recommend that appropriate security be posted to ensure the removal. As an additional safeguard to the City, staff would ask that the agreement include a disclaimer that if building construction is not proceeded with by April 1, 1992 that said structure would have to be removed by a deadline date of April 15, 1992. Options of Action A. Approval. Approve applicant's special request and direct the City staff to issue a building permit for a foundation only. Said foundation shall be capped, heated and backfilling completed along exterior foundation walls. Owners to execute an agreement where they would agree to remove said foundation if City Council denies the variance application to the average lakeshore setback and further agrees that if a building permit for the remainder of the residence has not been issued by April 1st that said foundation shall be removed by April 15th. Said agreement is to be accompanied by a Letter of Credit at 150% of the cost to remove foundation. Building permit for the foundation cannot be issued until the agreement has been reviewed and approved by the City Attorney, executed by owner and Letter of Credit submitted to the City. OR B. Denial. Applicants are advised to work with the building department to assure that all information has been supplied to complete the building permit application for the complete residence structure. The City Council will review the variance application on January 27, 1992 and a building permit can be issued on January 28th, if Counci 1 approves the variance and applicants have agreed to all conditions of that approval by executing the approval resolution. CITY OF ORONO -NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Tuesday, January 21, 1992 for the purpose of reviewing the following land use applications: 1. #1705 Chistopher Smith of 3650 Casco Avenue, seeks approval of an average lakeshore setback variance to construct a new residence. 2. #1707 Jack Rhode owner of the property located at 1690 Shadywood Road, seeks approval of renewal variances involving lakeshore setback and hardcover variances within 0-75' setback area. 3. #1708 Judson Daytom of 825 Old Crystal Bay Road South, seeks approval of a variance that would allow an addition to an oversized accessory structure that already exceeds the allowed area. 4. #1709 Judson Dayton of 825 Old Crystal Bay Road South, seeks approval of a Conditional Use Permit for a guest apartment within an existing accessory structure. 5. #1710 Richard Bloomquist owner of Rick's Super Valu located at 3333 Shoreline Drive, seeks approval of a seperation setback for an accessory structure located less then 10' from the principal structure. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices by appointment. City of Orono By: Planning Commission To be published the week of January 6, 1992. CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1705, 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, 1992. crrv OF ORONO -NOTICE . The Planning c . . PUblrc hearings in th gmm1ss1on will hold J 275 South Brown Ro~d ounTic1I Chambers at 1 ' 1192 for the on uesday, Janua folloy,,ng land use //p~:~,e o! reviewing th? V 1. #1705 Ch· uons. Caseo Avenue seekstopher Smith of 3650 lak~shore selb~ck v s_ approval of an average residence. ariance to construct a new 2. #1707 Jack Rh f:~erty located at 1690 iie owner of the s approval of re adywood Road la_keshore setback !:J'i1 variances involving w1th1n 0-75' setback area. ardcover variances 3. #1708 Jud Cr}'.stal Bay Road s!i~ Dayton of 825 Old i~~~72cedthat WOUid allow~enk~:dPf!!'OVal of ;1 e accessory luon lo an exceeds the allowed a . structure that already 4 . #1709 J rea. Crystal Bar Road 1:on Dayton of 825 Old ;;':;.d1t1ona Use Perm~no~eks approval of a 1n an existing access guest apartment . 5. #171 o Richar ory structure. ~1ck's Su{:;' Valu loca~ ~loomquist owner of fo~~en s;c!s~~proval ofea s!~~a~o;:reline 10 from th . I'}'. structure located 1 !back All e Principal structure ess than persons wishin . ;g,pear at this time Wrig to be heard will Ci~ci?tce~ 1 ;;i!,=;:;ilab:nfo~ 0 r:~e;~~ ~= Cuy of Orono ent. By: Planrlihg Commission Building & z:n'tn~l:· Mabuslh, (Published . min1strator 1992) in The Laker and Pioneer Jan. 6, 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, Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended . ;J / . ~ 8.) The printed fgnt/; IMP r/W&J which is attached was cut from the columns of said newspaper, and wa~;Printed and published once each week for ___ ___,/ _____ .successive weeks: It was first published Mo 1.-,Ji the ...J.1.!....:.. day of and was thereafter pri ed and p Monday, to and including Monda , the __ day of By: Rate Information 19??.- lished every 19_; 19 1J--. Notary Public (1) Lowest classified rate paid by commercial users for compar- able space: $10.76 per inch. (2) Maximum rate allowed by law for above matter: $1 0 . 76. (3) Rate actually charged for above matter: $5.84 per inch. Each additional successive week: $4.02 . .:·.-"JJ:!," ··~,@I[,~ ~~, ~. I I ..................... . ············· TUE 1 !?i?i.i i5GH!1 LT:IES~ LBG. P.08 DATA PRIVACY ADVlSORY In accordance with M.S. 13.04, Subd. 2, "Rights cf subjects of data", we would like to inform you that your.request for a permit or license from the City of Orono or any of its. epartments may require you to furnish certain privat~ or confidentia information • . --You are notified that: .•1r..i_. 1. · The information you furnish will b used to determine your qualification fo~ the permit or license r.equested. 2, You may re£use to supply data, but rLfusal tna.y require that the city deny the permit or license. I 3. The information may be shared wit~ other local, state or ft~;~!;. ,agencies_ -~o the_ e;xt~nt _necessary Ito _process the permit or 4. If your. requested permit or .license requires Council action to a~prove, some information may beccme public • .I s. You have certain rights under i1.s. ~ 3.04 to review private data on you~self. · L 6. Your full name is required to proce:ss this applicati~n or perndt. lh M:..,....e:;..:,;;;;.i, . ..;.....;;.;.,.-::... ____ ....... ,...,..... ...... ___ .;...._,;..-'-""!;r--.-+-------- Ci ty (_ w·) S 1C\ -:;i._ l'"l 0 Phone I understand my ri9ht$ as stated above. 1-rov 10 •s1 1s:21 6127864166 PAGE.0~~ • • \ I \ \ \ \ \ \ \ \ \ \ / / \·' ~ I ~>-=-"----- ~ / . ~· \ \ / , , .,,,,,, .... /,I" ,,/ ,.-· / . b / _c ~--'"'~ .. · y· .... · . ......, ... "-"'"'"'~""-·~--.. ~,-=· DRAWN BY , -r PF$1GNEDOY l R£VISION ' :ii ., .. ~-~-•. ·, ·-~. .,__,. ____ , _______ .... -~-·· --·--••.>-•• CERTIFICATE OF SURVEY FOR CHRISTOPHER & MARY SMITH OF TRACT A. R. LS. NO. 1147 HENNEPIN COUNTY, MINNESOTA OA11S OESCRIM10N n.:;J1'~:,I ~:~•,;;) ;::..:::'. 7..-;:z; H"~"~ l......,.ffl"'r!Nlb..,-,w,•P"f'IN<l!oJ.,.•-"'l'~W<l"'I""" ~::·!.::·.:-a~Gri&,p .... ,rwlwdS-,UMNff _:,, /' ~ Mo<lS..~-ue,,.N•OlbnlU!S ,.\ \ \ <-?--'. •; "((:- 'L ~~\ ~ '{ \ ~ ,~,,. ~ \. . % ~\ t, (L,;e,Q.fl:6-t n ,,e..S I.. o/l-e 6' j.f+I'-,J Li t-1 y -5£-7{,-<>-c;.f- ~~ · .. f--_/· / ·..J. •• ,~'/ - ~ / ';, / :7:3:,_::_;!_-:' .,,, / •---~ / t..qaIO.•cript{on Tract ~. 11...,ist•nd ~ $u.,,•r ""• 110, tUH of ~ht.rar o(TitlH, County of .. ,.,.•pl.A. This ••"'"l" •"-U.. loc•tion of • propo•sd -•• in .-.1atio .. toVl•bo,l,nd•rl••otth••bCW•du"ribadproportf.Itllo,oanot p1>rport. to allow •ny otl'lar l•prov•-110 or ai,croac-ta. o, rr..-rkart-nd U•riM••-.. r•to ......... .....i11 .. u1a. -~'::1:!:..~~-!=,"'' -l!EJ---r- CERTIFICATE OF SURVEY FOR CHRISTOPHER & MARY. SMITH OF TRACT A. R. LS. NO. 1147 HENNEPIN COUNTY, MINNESOTA SCALE 1••1.0' SHEET NO. e, CATI< JOB NO. 0