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
----------------.--------------------------------
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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
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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
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.t the ~ity in th• review of
.te you.,~ eemments to thia Sui lding i
the~ b~4UlQd =•etir.g daee.
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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 . ·
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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~
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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..
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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 ____ _
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-----·X ------
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-----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
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-----X
X
-----X
X
X
X
-----X
X
X
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X
ToTAL HARDCOVER IN ZoNE
ToTAL PROPERTY AREA ~N ZoNE
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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
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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: $4.02 .
.:·.-"JJ:!," ··~,@I[,~
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TUE 1 !?i?i.i i5GH!1 LT:IES~ LBG.
P.08
DATA PRIVACY ADVlSORY
In accordance with M.S. 13.04, Subd. 2, "Rights cf subjects of
data", we would like to inform you that your.request for a permit or
license from the City of Orono or any of its. epartments may require
you to furnish certain privat~ or confidentia information •
. --You are notified that: .•1r..i_.
1. · The information you furnish will b used to determine your
qualification fo~ the permit or license r.equested.
2, You may re£use to supply data, but rLfusal tna.y require that
the city deny the permit or license. I
3. The information may be shared wit~ other local, state or ft~;~!;. ,agencies_ -~o the_ e;xt~nt _necessary Ito _process the permit or
4. If your. requested permit or .license requires Council action
to a~prove, some information may beccme public •
.I
s. You have certain rights under i1.s. ~ 3.04 to review private
data on you~self. · L
6. Your full name is required to proce:ss this applicati~n or
perndt.
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Phone
I understand my ri9ht$ as stated above.
1-rov 10 •s1 1s:21
6127864166 PAGE.0~~
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R£VISION
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CERTIFICATE OF SURVEY FOR
CHRISTOPHER & MARY SMITH
OF TRACT A. R. LS. NO. 1147
HENNEPIN COUNTY, MINNESOTA
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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.
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CERTIFICATE OF SURVEY FOR
CHRISTOPHER & MARY. SMITH
OF TRACT A. R. LS. NO. 1147
HENNEPIN COUNTY, MINNESOTA
SCALE
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SHEET NO.
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CATI< JOB NO.
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