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Home My WebLink AboutProject Packet1-i/-77 CITY OF ORCNO, MINNESOTA Conditional Use and Variance Application .00ATION OF PROPOSAL (or property) Address 377q Casco Avrnue TYPE OF REQUEST Conditional Use Legal Description Lots 11, 12, and 13 Hlk 4, Casco Heights I� Variance APPLICANT Name Williamson Construction Co. Phone N 933-4641 Address 14912 Minnetonka 31vd. Minnetonka, An. 55343 OWNER Name Same Phone N Address Present Zoning 4#f- IjT Present Use Ya Zoning Ordinance Section Relating to Req.,est X.?. *0 Specify Ordinance Requirements Wetlands Variance Riprap, FOR OFFICIAL USE ONLY Council Action Date Approved .Denied ✓ `L t ..,"... ., f `/ .( �i 7,1 !' . ,: cc - ./i�Y/-j•' f^LRji.y�� C L=-ca.- Explain Request Relative to Requirements �� ? j.- / nt kdi• 4, e- / : '! / � i'�'�.� f� c ... � �.�Z � ,v fly. ,�! sG .,v., ,.: Z' — ° +c. -! i •s . z �1' C !i ,': .c. - , ,?fc 1� / `/ 9 .i:{ �.< i`' 1� [��CTti. �• /�rl+� //C! ((�•�,i. �s r..4 /Zw., a.:' C. r Extent of Nan-coninrmity a%, /.2 a /� ",,r f'c7��.° u'Vk'�-_.�.;/<<!',� r-- 1 r, a Z'` � /K �'[ CL-�4't/ ---•�— K,LL.��,�+�)1f +a `�1 Y_' ;_ C .', v� �" i�I �.'��iy :-�L � T! ['-%�/,iCi r.I -[ h. t Cy, �1�LC �yy j(a ;.fR ?_ Yirs ta.VJw %� {+('(�/ Hardships to Property (Your reas6ns for requesting this Variance br Condit.,, -ial Use Permit Request is made to vacate the unused alley between lots 11 anti 12 so :nat all three lots (11, 12, and 13) may be joined together as one for purposes of con- structing a single family residence. MATERIAL NECESSARY FOR COMPLETE APPLICATION Must be submitted 1 week prior to Council Meeting) 1. Application completed 4. Certified Property Owner's List of 2. Plat Map Section owners within (300 ft.) _- ✓ 3. Survey (Sketch in proposal) from Hennepin County Registrar of Deeds S. $30.00 Fee Date % /' j Signature rr / L "cs•� DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER 4,�� MINNEAPOLIS, MN 55487 AM, a PROPERTY OWNERS LIST DESCRIPTION NAME Kj WaA A. ADDRESS 5, card toved wey1mm 6 Z Cca do ft KW5 � 65--�l ! i07Atpw06a%6&,Lwti 'Tvapjr� UV O � o 6 V591 nw.b � ►�' 1• V4 ►bi jh A H�hel MWE�'j3 �Sr�C,eZ&talVZ & ' ' 10 CaqCo Pb RA Wey-tat� 56�+ ^6*co Aje- Wa� zata �C539 I Lot-:'. y a &u w � ► �� V,c1,,' 17 4 oZ, .OT BLK.! PARCEL 1' C,�&izptrb �► C �:.. o S34 f -� —�- r7 q y bC Cy Ad ��k�►r�r> ��: Wto 391 r`. �►g too K. QA. IL L 5 tr a.lc o rVW 1-c t � cp r -• I- (o y ti 'i I1Cx11 �+frco qix)_ ,-I �50 S100 _ DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 4C? PROPERTY OWNERS LIST NAME ADDRESS DESCRIPTION LOT BLK. PARCEL ol ' tb5 CaQCv R y412. Mktt"leb Aue S y�� 5 Casco �, ad �►c� ygoo_ I'7 0-- .GkIrorr-) Wz"l ak s'E>3q 1 r c� r r- T �� .i pt-od sr63cl, a� o f W "ZALZ 56 3 g( J Q J LED16 0_ �� •� OF..�� a It casco p ,ALd I I Fjqko ob..6 cork cats` wo T#w F.... 4-4 1 We to W, I -, rain a. -Ord; of Hew. ww% to mo AnLm fild to-40. 11P 20 // 2 So SECO : • 'Re /• �'� O• %040{v 20 a to A600 _ \ s \e s7 � "-' ; `� �. S• �� \ 0" tom! Q06000t t ' /34 35 Its 37, �o � It r .-�� •tr? �IIj� �� F�Ct „\'r R/w'. .` � �k1C� -3 � 01 Sol 173 97, .176 SL Poo r 93 as• . r ASP,-, + j s. 11p SECO r. 7* 20, i t9 3 tl �- . e Q h� Alu zo �• , _ to ` e ,,� • s . a 1_�'r .ale �o zx '�r le eT zs C 10 � AF ..�� ca.moo, ore 7 \'35. y psme Its / °�• Ii •' i ' G AA tc w it 10 �V`� f`S�.e %'w0 . GJ ' t`� M 14� N\a►� ` .; - les o y _ ^ ,a j'p 7�' r r • � J184 t .Le i. ? h '7 i •' 9l�• 11 10S •a � i1 rSr �� ,. •Jv 91M \\ •�� a �t \ � • To: Planning Commission f, Council �. r F"I: Henry F. Muhich, Zoning Administrator T DATE: January 31, 1977 S11JECT: Williamson Construction Co. - 3779 Casco Avenue Vacation of unused alley or Variance on Lots 12 and 13 if vacation is denied Applicant owns Lots 11, 12 and 13. Lots 11 and 12 are divided by platted unused alley. His primary desire iF- for approval of vacating existing alley and com- bining Lots 11, 12, 13 and vacated alley to create a parcel which would meet our 1/2 acre - 100 foot lot area and width requirements. Application was submitted ,January 31, 1977. I waived the required survey until. we determine exactly what option we might favor. If we do not approve the vacation, the applicant is requesting a lot area variance on the combined parcel of Lots 12 and 13. These two lots combined conform to our 100 ft. lot width requirement, but lacks S,S00 sq. ft. of the 21,780 sq. ft. lot area requirement. It's been our policy to consider vacations of public property on the basis of benefit to the general public. We do not approve vacations as a convenience to the applicant only. We must consider the health, safety and welfare of the general public. If the vacation of the alley and combination of all properties is not approved, the result would be one remaining; substandard lct (Lot 11) which is only SO ft. wide and 7,600 sq. ft. in area. If we wish to consider vacating the platted alley, a Public hearing will have to be scheduled. I believe the applicant does have the right to request a Public hearing on the matter. STAFF - February 7, 1977 Applicant called and changed proposal to request for lot area variance only. Felt there might be some objection to vacating of alley. PLANNING COM SSION MEETING - February 22, 1977 Recommended approval of area variance on condition that no other variances be granted for construction of dwelling and garage and the developer grant to the City a conservation easement over Lot 11 across from platted alley. Justification: (1) No additional adjacent land available. (2) Property is sewered. COUNCIL WFTING - February 28, 1977 Approved subject to Planning Commission conditions. �IINIJTIS OF A PI-kNNING CQVISSlON MEEFING iit:LD I7:101 RY 22, 1977 - PAGE 4 Mr.' Bonner reminded the Planning Comnission that they reconcmended approval of Phase II subject to a safety report. A qualified engineer has made his investiga- tion and a report will be prepared by the time of the Council meeting of February 28, 1977. The Planning Commmission conveyed to Mr. Bonier their unhappiness with the progress and past problems result- ing from the lack of the applicant complying with code and licensing procedures. Mr. Bonner felt that there has been a substantial break- dcnom between the Council and his client. 'Phis is some- thing that can happen, and that they niave nothing to hide. The Planning Commission felt they should not consider increasing the size of Ski Tonka at this t.imc until we can find out if present operation can exist. Any increase in a Conditional Use Permit increa_-,cs the operation. Ski Tonka has not been able to prove that the present facility can operate within the Iaw. A lengthy discussion followed. The Planning Commission determined that the conditional use permit application filed by Ski Tonka had expired. They also felt the application was void as the owners had not lived up to the conditions set forth on the conceptual approval (owner never submitted safety inspector's report). Pesek moved, Guthrie seccmdod, to recommend that a new application for a Conditional Use Permit be sub- mitted on the basis that the old one was never taken advantage of. Conditions of conceptual appronval were never met. Motion - Ayes (S), Nays (0). Applicant was instructed to submit another current application with the necessary plans and reports. Another fee would be required with the new application. The Zoning Administrator informed the Commission that original request was for vacation of platted alloy which lies between his three lots and to combine Lots 11, 12 and 13 along with the vacated alley to create a parcel large enough to meet our minimum zoning requirc.x�nts of 1/2 acre. Applicant is now requesting to change applica- tion for a variance only to use Iot 12 and 13 as a build- ing site. The Planning Comr<nission felt tliat a conservation easerrrent on Lot 11 should be granted to the City. Mr. Rill I:coff, representing Williamson Constniction, was present. lie stated that he would be willing to grant this easerient to the City. SKI TONKA (continued) WILLI.4MN C(nSTRUCTIM CO. 3779 CASCD AVENUE VACATION OF UNUSED ALLEY OR VARIA.N(E- ON LOTS 12 AND 13 IF VACATION IS DI:"NIED (N226) MINUITiS OF A PLANNING C041 TSSION III:I.) FT.BRUARY 22, 1977 - PACE 5 After a brief discussion, Pesek moved, lfassel seconded, to recoimunend WILI.IMISON CONSTRUCTION approval of lot area variance on the conditions that no other (continued) variance be granted for construction of a ohaelling and garage, (#226) a conservation casement over Lot 11 be granted to the City, and the combination of Lots 12 and 13. Justifications - property is sewered, there is no other land available and vacating alley would not be in the public interest. 1•btion - Ayes (S), Nays (0). The Zoning Administrator explained that applicant is regir,!st- Klii;mI'T LaQUEY ing approval for rene,:al of a lot area and width variance. 190 CYGNET PLACE A �proval was obtained two years alto and renewed one year ago. L(7T AREA & WIIifII T is is a preplatted lot. No other land is available. VARIANCli RI NnIAL (A231) After a brief discussion, Guthrie moved, Hassel seconded, to recommend approval to continue the variance for one year. Motion - Ayes (S), ;Ways (0). The Zoning Administrator submitted final plat. Final plat is VAN i'T:CIQIOUT BUILDING the same as the preliminary. Subdivision consists of eight CORPORATION 2-acre parcels with a private road. 400 OLD CRYSTAL BAY ROAD SUBDIVISION (FINAL) Hannah moved, Pesek seconded, to recommend approval of the (0176) final mylar subject to the following: (1) Drainage plan and easements approved by City Engineer. (2) Approval of City Attorney. (3) Park Dedication Fee. (4) Underlying easement on road. (5) Utility easement along road. Motion - Ayes (5), Nays (0). The Planning Commission took action on the following work session items. Mr. Bowers was present and submitted plan to the Planning J. K. WAVERS Commission. Ile is requesting approval to repair an 2905 CASCO POINT ROAD existing concrete retaining wall with untreated wood ties. VARMNCE AND RIPRAP This wall is less than 75' from the shoreline so a variance (#232) is necessary. Riprap request would be a continuation of the neighbor's shoreline riprap. The Planning Coii-anission was conce hied about the existing concrete slab and suggested that the applicant have it removed. Mr. Bowers stated that he would be willing, to remove this slab if the work involved is not too expensive. After a brief discussion, Cuthrie r.mov(�d, Pesek seconded, to recorcK•nd approval of replacing existing concrete retaining wall with untreated wood ties and requested that applicant consider removing concrete slab. Also recommended approval of riprap request subject to approval of the City I'.ngineer and applicant obtaining approval of all other agencies as required. Mtion Ayes (5), Nays (0). ORONO COUNCIL MEETING HELD FEBRUARY 28, 1977 Page 12 Henry Muhich, Building & Zoning Administrator, stated that the most recent plans submitted lack some detail, but may be satisfactory for the consideration of a conditional use permit on Phase II for Ski-Tonka. Mr. Primus and his representative, John Donner, appeared informally at the Planning Commission meeting of February 22, 1977. Mr. Bonner wanted to keep the Planning Commission informed as to the status of obtaining the necessary data for Planning Commission and Council review. He explained to the Commission that a qualified inspector had made his investigation but hau not as yet prepared the necessary report. The Planning Commission was unhappy with the progress and past problems resulting from lack of applicant's complying with code and licensing procedures. The Planning Commission determined the conditional use permit application filed by Ski-Tonka had expired. They also felt the application was void as the owner had not lived up to the conditions set forth (owner never submitted safety inspector's report). The applicant was instructed to submit another current application with the necessary plans and reports. Another fee woull be required with the new application. Council Meeting - February 28, 1977 Mayor Van Nest moved, Butler seconded, to declare the conditional use permit for Phase II for Ski- Tonka null and void and requests the Planning Commission to consider new application, hold a public hearing within 25 days and submit their recommendations to the City Council at a later date. Motion, Ayes (5) - Nays (0). Henry Muhich, Building & Zoning Administrator, that Williamson Construction Company, 3779 Casco Avenue, owns Lots 11, 12 & 13. Lots 11 and 12 are divided by platted unused alley. His primary desire is for approval of vacating alley to create a parcel which would meet our 1/2 acre - 100 foot lot area and width requirements. Application was submitted January 31, 1977. I waived the required survey until we determine exactly what option we might favor. SKI-TONKA REPORT Phase II VACT.TION OR VARIANT' 3779 Casco Avenue #226 William Construction Co. (Continued) ORONO COUNCIL MEFTING IiFLD FEBRUARY 28, 1977 Page 13 If we do not approve the vacation, the applicant VACATION OR VARIANCE is requesting a lot ar,�a variance on the combined 37"i9 Casco Avenue parcel of Lots 12 & 13. These two lots combined (Continued) conform to our 100 ft. lot width requirement, but lacks 5,500 sq. it. of the 21,780 sq. ft. lot area requirement. It has been our policy to consider vacations of public property on the basis of benefit to the general public. We do not approve vacations as a convenience to the applicant only. We must consider the health, safety and welfare of the general public. If the vacation of the alley and combination of all properties is not approved, the result would be one remaining subs!-andard lot (Lot 11) which is only 50 ft. wide u..d 7,600 sq. ft. in area. If we wish to consider vacating the platted alley, a public hearing will have to be scheduled. I believe the applicant does have the right to request a public hearing on the matter. Staff - February 7, 1977 Applicant called and changed proposal to request for lot area variance only. IIe felt there might be some objection to vacating of alley. Planning Commission Meeting - February 22, 1977 Recommended approval of area variance on condition that no other variances be granted for construction of dwelling and garage, the developer grant to the City a conservation easement over Lot 11 across from platted alley, updated title opinion addressed to the City, subject to other variances, and combine Lots 12 &13. Justification: 1. No additional adjacent land available. 2. Property is sewered. Butler moved, Welsh seconded, to deny the VACATION vacation of Fi alley for Williamson Construction 3779 Casco Avenue Company, 3779 Caq(:o Avenue, per the Planning Commission Minutes of Fc:-bruary 22, 1977. Motion, Ayes (5) - Nays (0) . (Continued) ORONO COUNCIL MEETING HELD FEBRUARY 28, 1.977 Page 14 Welsh moved, Butler secon(:A, to approve the VARIANCE variance request for Williamson Construction 3779 Casco Avenue Company, 3779 Casco Avenue, per the Planning (Continued) Commission Minutes and recommendations, plus title opinion submitted to the City and combina- tion of Lot 12 & 13. Motion, Ayes (5) - Nays (0). Henry Muhich, Building & :'oning Administrator, stated that Mr. Kermit LaQuey, 190 Cygnet Place, first obtained a lot area and width variance approval for this lot on April 22, 1975. Council renewed this approval on February 9, 1976. He has currently submitted a third application for renewal of these same variances. I am enclosing copies of the last renewal application, plat map, Planning Commission and Council minutes and my reports regarding the first *wo proposals. The status of the property has not changed. The conditions today are the same as they existed in 1975 when the first application was submitted. Planning Commission Meeting - February 22, 1977 Recommended approval of renewing lot area and width variances for another year. Council Meeting - February 28, 1977 Butler moved, Welsh seconded, to approve the variance request for Kermit LaQuey, 190 Cygnet ,lace, per the Planning Commission minutes and .ecommendations of February 22, 1977. Motion, Ayes (5) - Nays (0). Henry Muhich, Building & 'Zoning Administrator, stated that J. K. Bowers, 2905 Casco Point Road, is requesting approval to repair an existing retaining wall. This consists of replacing existing concrete walls with ur --eated timber. This would require a variance to wall is less than 75' from the shoreline. Although the plans submitted are quite good, they do not show. elevation view from the lake so we cannot visualize the height of the proposed retaining wall. I have sent him a letter requesting this data. VARIANCE 190 Cygnet Place #231 Kermit Lanuey VARIANCE & RIPRAP 2905 Casco Point Road #232 J. K. Bowers From what 1 found on the site, I would like to suggest we suggest the removal of the existing concrete slab (hardcover within 15' of the lake). I think we should have more confirmation that the proposal does not include any fillini or grading. (Continued) f TO DATE i f � ,.e TIME + While You '"" W'e C7 t (1 n. . .� MR. OF PHONE- �-i rT �-1 1 q I q g TELEPHONED CALLED TO SEE YOU WANTED TO SEE YOU MESSAGE OPERATOR PLEASE CALL HIM WILL CALL AGAIN RUSH %w ,0%3, IVi��l'1ri�tin� �c �•�111d`C', ON BROOKLYN BLVD.--BROOKLYN CENTER, MN. SU29 TELEPHONE 16121 561-4470 Established 1954 ADDRESS OWNER _ CONTRACTOR DATE DESCRIPTION REP DA i E CITY OF ORONO P. O. BOX 6E CRYSTAL BAY, MINNESOTA 55323 BUILDING JOB REPORT PERMIT NO INSPECTION AECoao NSPE C T I()N CERTIFICATE OF SURVEY • rc LAND SURVEYORS T4,q4t e '02.0 J (, i 99. d . za"V a e &%*w, pm4. t'l13 DUPONT AVENUE SOU i4 �4LUOMIN',TON MINN 55420 R8R 2084 '4 1 \\14 /s'M w �I �t I rYw�r "r e CR0CKER CONSTNUQTIO Description: Lots 12 and 13, Block 4, CASCO HEIGHTS Proposed garage floor Elm S/ C We hereby certify that this is a true and correct representation of a survey of the boundaries of the land atxrve described and of the location of all buildings, if any, thereon and all visible encroachments, if any, from or on said land. Dated this _28th day of June 197 7 x by 4 Minnereta, Reks istrat ion No. -y0 "T J if,i1� lulf G<r� 'i f C!//fir f Or �Tr-�'r/ •l' ��y v� 1 K Ow O !/I c� J �4' -- 4�rv�r ` r�l' S o..! y v r �w Ci •i ,i ct "e-i 25f �7 C� I /'�! ei `c. c- f fi �L' f 57 f 11 J J- u� 0 / v , j 1 19-2�-. Vernon T. Hoppe Finance Division Manager A-603, Government Center Minneapolis, MN 55487 Dear Sir: I hereby make a request for a (s rate combined;'assessment on the following described land: ' For Tax Year HC 558 (10-77) /I-,y_13 n Villag or Qjstrict ,,� Si—ignature- bf We n r a Name oTaxpayer 33 7 (1 Ca %r-\ h � axpayer s Address Mortgage Company or scrow Agent