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HomeMy WebLinkAboutProject PacketVillage of Orono Name _ Zoning Variance Application Casa No. Directions to pp cant: a. Fill out thi£ form in duplicate by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item number. b. Attach all supplementary material by paper clip. C. File duplicate applications and filing fee C3 ) with Zoning Administrator. Name of Owner: ast First I•Iiddle -3J �•'� �f1 D'�1 /1 kin i''�c "V0 %-?S_... Address of Owner: (No. afid street) (City and ZoneTPhone ttrree� Address of Property Invo ve Legal Description oroperty-Involved: 5. Does this property border on or lie partially within an adjoining municipality? Present Use: 7. ProposedUse: U. Date Property Acquired. Present 'Zoning District: 0. Variance is requested from ciZ:. following sections of the 7onin Ordinance: -ry_;?o/ t y 10 1-z 11 rwt A,.t 11. What are the requirements of the ordinance sections listed l._ Item 10? T2. State exactly what is intended Eo be done on or with We- ' -property which does not conform with existing regulations: �f/{/ �`�� / t �� �t .! `.. ' S I� r/l (a, � "� � /Y !-: ` /•� /� � �� tG 0 ty c'f�> f{•t 13. Has an application for zoning variance on the same properL, been acted upon by the Village Council within the last six months? If so, state the date of the Village Council's acti) NOTE: The law requires that the conditions set forth in the following three items 14, 15, and 16 MUST be established befo,oe a variance can be granted. Explain in detail after each statement wherein your case conforms to the requiremen"r ifficulties of Hardj=to Owner. Strict application of the provisions of the Zoning Ordinance would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of the lot in developing or using, such lot in a manner customary and legally permissible within the zoning district in which said lot is located. Granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the appli.- -cant and to alleviate demonstrable hardship or difficult; and will not merely serve as a convenience to the applicant. Explain in detail. F'4 /1'! "Z / I "' ' ^ '- "I / - , a -�, -7 0 , 7 , " -.4 C /9 C P 15. ce ona Conditions of theLot: There are special condi- tions narrowness, shallowness or shape of a lot, exceptional topographic or water conditions or other extraordinary and exceptional conditions of such lot) applying to the structures or land in question that are peculiar to the property involved or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located. Explain in detail. A k'V,< Z" .--J-7 Z- A'1; ►.' •, /%+2 F '-- F- ? 13'7(- k) /Z C ,'. � 7o r �' e.= r ti"i"ect on Neighborhood and Comprehensive Plan: Granting the var ante will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congextibn in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surroundinG area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Ordinance and any applicable comprehensive plan. Explain in detail. NO The following material must e attached to this application. 17. A map or plat showing the property affected and all lands within 150 feet of the boundaries of the property affected by proposed change. (�copies) 18. An abstractors certified property certificate listing the names and addresses of the owners of the land within 150 feet of the boundaries of the affected property as those names appear on the records of the County Auditor of Hennepin County. 19 Acknowled ement and S nature: The undersigned hereby repre- sents upon all of the penalties of law, for the plzrposo of inducing the Village of Orono to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the ordinances of the Village of Orono and the laws of the State of Minnesota. ZZ Date Signature For Official Commenta Only: % 7 rN�i ��_,, /�a-.► i �i-vs-� .., ?. ,,,may � .. ---- for c •*.�,••c c LAKFshoRE #Atq 'btlrk C,4L CoL1l7rio�vs 34.201 AREA Q To Q �- Fe {T FOc004 TA, 44ft f4,rc iS To 25D F< rr Foto04 TI r t.4 v,Sioor 2SC To Soo F..t Iko0" 0;- CakrSher Soo rc, 1 00 o F. 4f-r— FR o M 7k lr (n �{ d l�lo t 7-0 r- 4 L s/zE- (94 L ow eD .21 4 f"-S — c, — 37, f'T. AeiQet Zs 90 HARD COVER ovC1 v,00vq Ifi✓em j PR SeA?' C ' 2. 1 07o �1• % 70 3 S c7v 5ED c�. 070 07o — -- h. f7, ADDR�S : 32 �S Cr4rQM,4ti /Qv�D '7o . � O 60 90 no Po c3 ny rebidence A*w+oM CA.#+ i;r%Q ' dd �e,l q %+ion r � 1 CCif'r'1''1C]1'1b `fir 701 mci�--s+Irg 'I ,. F-1al ! adcay residence PLAN c o e o o .00 O 0 OP y e a 0 o• o e G 00 od%7 C D vo a m o D O a. . o, a Do a �Onbfroctiot"1 oK �� o. eO.o o� p, ono Fi Mquiret) moo. o r.► ,� c } 0�.1ro ��� ��o°o b `o i cJ • • oo O� O vJ � J �� ��• o o4.1 r . Ooo O Cv do CO I o b o o p o ee oCo o o �� o � � ao .o ee •o o � o� � oOj(p � o�p o � 0 0 o e o_ a aao .1 r�i. �aJ •�. • o c o �„ l + �• �. 'b� o n`''ct o O r •� �<-'� j 1 a1 iQ ir, ++ w e • Qua P�a�y o Holladay y Ye-t!Jence' i �; �residence `-- Ift, pro odd ition --• exi 9 landform �v sEcnon Loaum noaim Property lire Z:io Io 20 30 5ccle In ee+ ORONO Ur;'%:'1 L T:1.TING., February ', I , L'►�:i rNw e The proposed ordinance was presented to the CounciI. Butler exnressed that she feels the name Ihurtan 11hjit s should not he .changed to Yuman Services. Aftt r con- siderable discussion, Paurus suggested tahl inl, cif' the proposed modification and present inh the ord i mince to the Ilmian Right% Commission for their inptrt. Butler moved, Paurus seconded, appointment and re- appointment of the following to be members of the Orono IIuman' !tights Commission. mail Breckwald, stay Johnson, donna Carlton, Doris Schroeder, Bernice Anderson, I;rtty Phelan, Alati a Zunt, Rarhara Wosse, Mary Vogel, Jul to Draar, %aridy Welsh, and a Mound school student. `•Irlr ion, Ayes (3), Nav (A). ,Abstain (1), Welsh. Brad Van Nest stated that the I'lannine Commission tJanned to discuss the following items: (a) Licensing of huildinp contractors in Orono; (h) requirement to provide a cer- tified survey when appiving for variance. Welsh moved. Butler seconded, that the variance rrr,trest he referred to the Planninp Commission. Which reported that the 4arina License Committee luis held two meetings with five different marines anti with the North Shore Union 76. Gavle's Marina and NorthShore Drive marina have yet to be sivken to. Van rest pointed out that Public access directly south of Paul's Landing creates a hazard with people hacking trailers onto Highway 15. Action should he taken to close this access to launching. Also directly sotrth of Stubbs Hay marina is another problem launching area. Massengale suggested Planning Commission and Park Com- mission make a recommendation. 4rs. Uav presented Counc i 1 with a request for a Ixr i 1.1 i n},, permit to add on to their existing home, which is a legal non -conforming use in an industrial zone. Cotrnc i 1 directed City Attorney to investigate to see if there is a poss,ble legal wav to grant this request. '1ct ion was tabled until next Council meeting. Discussion followed on granting a conditional use to► Stulbs Way Marina to have a "soup and sandwichr,;" food service rat to include full course meals. Ntasseneale recommended that a resolution he drawn up by staff anal presented at the February 2S Counc i I meeting rr>,I real rnl! the cond i t ions tinder which the conditional use vx-rm i t was granted, with findings stating why conditions it- tw.hed are included in the conditional use. lanes Itlnrr, talttdt'�;lcr; NProintments t `tart in Nxianv-Variance Request v/ 128S Carman 'toad ZONING & 1'dl 11.1Iiv; .tU NI. W:Inaf %la r i e ra h-011 is Launching Arel Rtobvrt hay Regtrest 268S Wavzata lkrr 1d rng Itrmit blvd. ')tuf)4v- Bav Marina TO: Planning Commission FROM: flank Ruh ish DATE: February 13, 1975 RE: Martin Podany request for variance from 75' lakeshore setback requirement and permitted 0S hardcover from 0 - 75' lakeshore setback requirement and 25% hardcover from 75' to 2S0' lakeshore setback. Property located at 3285 Carman Road Orono's zoning ordinance restricts any structure or hardcover from 0 to 7S feet from any lakeshore and permits 25a hardcover (structure, blacktop, etc.) from 7S' to 250' from any lakeshore. The contractor informed ^ne the NxIany home consists of only two bedT-oms which will not facilitate the family. They are, therefore, propos" an addition of four bedrooms extending toward the lake. This proposed addition would extend toward the lakeshore to within 51' of the shoreline and exceed the permitted hardcover in both setbacks. (0 - 75' and 7S' to 250') I have suggested to the contractor, Keith Anderson, it might he helpful if he submit statements from the adjoining neighbors of the property. We haven't received any as yet. 2-18-7S Mr. Podany and Mr. Keith Anderson presented the request. Van 'Vest dis- qualified himself on decision because of conflict of interest. Ile did,, however, interject that as a neighbor he had no objection to the proposal. Planning Commission recommended denial on the grounds that the 75' lakeshore setback requirement is a State and local regulation and the maximum per- mitted hardcove- regulations along lakeshore was agreed upon and adopted in our current zoning code and action contrary to these ordinances would only tend to set precedent for other requests where land hardships are not involved. Applicant was informed that request would go before Council 2-25-75 for final action and this decision would not preclude any other proposal he may wish to present. Letter sent to Podany regarding above 2-20-7S. 4 � L4 ,l•IL,.0-Z.-4 .. '. ` r.,*. TO: Planning Commission FROM: Hank Muh ich DATE: February 13, 1975 RE: Martin Podany request for variance from 75' lakeshore setback requirement and permitted 0i hardcover from 0 - 7S' lakeshore setback requirement and 25% hardcover from 75' to 2SO' lakeshore setback. Property located at 3285 Carman Road Orono's zoning ordinance restricts any structure or hardcover from 0 to 75 feet from any lakeshore and permits 25S hardcover (structure, blazktop, etc.) from 7S' to 2S0' from any lakeshore. The contractor informed me the Podany home consists of only two bedrooms which will not facilitate the family. They are, therefore, proposing an addition of four bedrooms extending toward the lake. This proposed addition would extend toward the lakeshore to within 52' of the shoreline and exceed the permitted hardcover in both setbacks. (0 - 7S' and 75' to 250') I have suggested to the contractor, Keith Anderson, it might he helpful if he submit statements from the adjoining neighbors of the property. We haven't received any as yet. PLANNING C(MI SS I ON M I NM S OF FEBRUARY 18, 19 7 5 Van Nest moved, Woolley seconded, recommendation to Council to confer with the Park Commission for recommenda- tion on closing'access points south of Paul's Landing and south of Stubbs Bay Marina presently being used as public launching stations. The inadequacy of these access lanes result in a traffic and parking hazard and create an im- position on both marinas, and a possible Village liability problem. Motion, Ayes (10), Nay (0). Curtis moved, Ilannah seconded, recommendation to Council to adopt provisions for licensing of building contractors to provide sane protection to the residents of the com- munity as to quality and conformity of construction and procedures. Motion, Ayes (8), Nav (2), Kallestad, Pesek. Village attorney is in the process of investigating the history and reporting on present status of property. Van Nest disqualified himself on decision because of the conflict of interest. Ile did, however, interject that as a neighbor he had no objection to the proposal. Curtis moved, Kallest•al seconded, recommendation to Council to deny request on the grounds t%at the 75' Lake- shore setback requiresient is a state and local regulation and the maximum permitted hardcover regulations. along lakeshore was agreed upon and adopted in our current zoning code and action contrary to these ordinances would only tend to set precedent for other requests where land hardships are not involved. Potion, Ayes (5), Nay (2), Woolley, Hannah, Abstain (2), Pesek, Mt Donald. ,'Applicant was informed that request would go before Council February 25, 1975 for final action and this decision would not preclude any other proposal he might wish to present. Planning Commission decided •Ew,,, would schedule meetings for the first and third Mbn of each month at 7:0u p.m. The first hour of each sessi%,n would he devoted to a work session. -3 YUBLIC LAKI' ACCI SS LICLNSING I;1IILI►IVG C(1NTRA(TOR.S VUI:Rl. BlTG PROPERTY INIRI m- TION LANCE Martin Podanv 3285 Carman Rd. *)X SCf 1EIi1LI: FOR PI.AW ING MH I SS I(N NIEF7 INVGS flake moved, Curtis seconded adjournment at 10:30 p.m. 11fUi�.l..�'►4:YT Village of Orono P.O. BOX 66, CRYSTAL BAY, MINN. 55323 • MUNICIPAL OMCES PHONE 413-4M On the North Shore Lake Minnetonka February 20, 1975 Mr. Martin Podany 3285 Carman Rd. Excelsior, Mn. 55331 Dear Mr. Podany: Your application for a variance an lakeshore setback and hardcover was up for consideration at the Planning Comission meeting of February 18, 1975. Because they feel there is no land hardship here, the Planning Com- mission is recanoending denial of the request to Council. Your request will be up for a decision at the Council meeting scheduled for 7:30 p.m., February 25, 197S. If you have any questions please feel free to call. Sincerely yours, 7 ,, , - Henry F . N1uh ich Zoning & Building Administrator ET`M:cr ,RONO COUNCIL MEETING OF FEBRUARY 25, 1975 Page 2 Van Nest appeared requesting an amended ordinance PROPOSED ORDINANCE on wetlands, replatting, and survey requirements AMENDMENT with some variances. The attorney will prepare an ordinance tp be presented to the Planning Commission for their March 17, 1975 meeting. Butler moved, Massengale seconded, that the VARIANCE - COMBINATION request for Roger Kraines, 4455 Forest Lake 4455 Forest Lake Landing Landing, for a variance from lot size and combination be referred to the Planning Commission. Motion, Ayes (4) - Nays (0). Massengale moved, Butler seconded, that RESOLUTION #573 Resolution #573, A Resolution Adopting The Bike -Hike Plan Official Bikeways -Walkways System Map For The City Of Orono, be adopted. Motion, Ayes (3) - Nays (0). Massengale moved, Butler seconded, that RESOLUTION #574 Resolution #574, A Resolution Directing Staff FAU - Bike/Hike Funds To Apply For Capital Federal -Aid Urban Program Funds For Bikeways -Walkways System For City Of Orono, be adopted. Motion, Ayes (3) - Nays (0). Butler moved, !Massengale seconded, that RESOLUTION 1575 Resolution #575, A Resolution Granting Stubb's Stubb's Bay Marina Bay Marina A Conditional Use Permit To Sell Soup And Sandwiches, be adopted. Motion, Ayes (4) - Nays (0) . Martin Podany, 3285 Carman Road, request for VARIANCE a variance from 75' lakeshorA setback, after a. 3285 Carmar. Road lengthy discussion, was tablf!d until the meeting of 11arch 11, 1975. Stan Straley, 3286 North Shore Drive, request MARINI► 6 DOCK LICENSE for a marina and multiple dock license, was 3286 North Shore Drive tabled until the meeting of March 11, 1975. Louis B. Oberhauser appeared concerning a H);RRICK CIRCLE request for a residential development for the Long Lake Road 6 Western Herrick Circle property north of the Wayzata Railroad Country Club. The City Council requested fir. Oberhauser to make a formal request to be presented to the Planning Commission for review. Arthur Ahlm request for a residence at 1331 North BUILDING PERMIT Arm Drive was tabled. 1331 North Arm Drive Village of Orono P.O. BOX 66, CRYSTAL BAY, MINN. 55323 • MUNICIPAL OFFICES PHONE 473-4266 On the North Shore Lake Minnetonka February 28, 1975 Mr, Martin Podany 3285 Carman load Excelsior, %. 55331 Dear Mr. Podany: Your request for variance has been rescheduled for the Council meeting of March 11, 197S at 7:30 p.m. Please submit letter and data requested no later than March S, 197S. If you have any questions, please feel free to call. Sincerely yours, henry F. 'tuhich Building & Zoning Administrator IfFM:cr TO: Dick Benson FR(IM: (lank 'Ui ich UA 11:: February 28, 197; d': '•Urtin Podany - 3285 Carmin Road Request for variance fror hardcover lakeshore setbacks regrrirement The granting of this variance would only be a step in the direction of defeating the rciin concept of our Comprehensive Guide Plan and current zoning ordinance and nigh unto three years of stuciv toward nreservinp Lake Minnetonka shall have been futile. Granting of this variance could only encourage more similar requests which would compound our current lakeshore problems. (once again we would find ourselves in a situation similar to the one we are presently under- going in our attempt to correct conditions resulting from failure to regulate marina development. I don't feel a hardship to the land exists to the extent that the proposed expansion could not in some wav he designed to extend toward the street thus eliminating possible hardcover nin-off nmhlems. At the Council meeting of February 25, 1975, a representative of the applicant stated the existing house consists of approximately 1800 sq. ft. of living area on the main floor plus a fairly large finished area in the walkout basement. 'Mis would appear to he quite an extensive dwelling on a lot which would he classified substandard by our present zoning code. They contended thev would be willing to design a drainage system which would equal the present natural drainage conditions. I would like to insert, however, that a mechanical or man-made drainage system will never operate better than the day of installation and if not maintained pronerl� could result in more problems. "Mention was also made ticit the parents of the Podany family now occupvinv, the dwelling would sometime share residence. 11iis may not he a problem at present, but should this variance he granted, we should exercise some control over any possible future problems which might arise from double occupancy on an income or rental property basis. when the application was made, I sukgested a written statement from the adjoining neighbors be submitted. We haven't received anything to datn. TWENTY-FOUR HUNDRED FIRST NATIONAL SANK BUILDING MINNEAPOLIS March 6, 1975 Orono Village Council Orono Village Hall P. O. Box 66 Crystal Bay, Minnesota 55323 Re: Podany Variance Gentlemen: This letter is to make an official record of my objection to the granting of any variance from ti-ie requiremmts of the Village Ordinance with respect to any proposed construction on Lot 7 of Block 1 of Carman Cove Addition. I am the owner, with Mrs. Halladay, of Lot 6, which abuts Lot 7 on the east. The proposed addition would materially change the character of the relationship between dwellings on the two lots, increase the burden on Lot 6 in respect to ground water runoff, interfere with access to light and air on the west of Lot 6 and otherwise reduce the ability of the owners of Lot 6 to enjoy the rural environment ;Lich has so much to do with the aesthetics of living in Orono as well as with the market and taxable value of the ply. We had advised the owner of Lot 7 '-o the above effect on Sunday, February 23, 1975, but agreed to consider the matter further in the light of their representations if they would give us copies of the detailed plans and specifications for their proposed con- struction. At the tine of this writing, this information has not been given for further inspection, although the writer has examined a set of plans and elevations of the proposed construction and has measured the same upon the ground as well as had the proposed con- striction considered by a competent real estate appraiser and a landscape architect. A recent illness requires the writer and Mrs. Hallalday to the away at the date of the next hearing on this matter, but we ha arranged to be represented by Mr. Frank Voigt, who has our full authority to speak on our behalf at that time and otherwise. Cordially, Henry laday HH:nrh REFS • 1 ►0115000 RTS�'i4�(�� r�,Rill..i,I�>�►, �,t+ WAA BOULEVARD REALTORS MINNEAPOL S.4MINN SO?A 55416 March 7, 1'M Mr. Frank H . Voig t Dorsey Marquart W1ndhorst West & Halladay 2400 First National Bank Building? Minneapolis, Minnesota 55402 Dear Mr.-Voigt: Pursuant to your request, I have made an inspection of the Henry Halladay residence at Caymans Bay, Lake Minnetonka, to determine whether, i.ii my opinion, the value of Mr. lroperty would be affected by the addition w`iich his neighbor,!ir. hodany, proposes to construct on the Gast side of his house, as per the drawing attached to this letter on which the said addition is outlined in red. I have been familiar with this property for some time, having sold it to Mr. Halladay several years ago. I find that the proposed addition would huvf: two fairly major effects and two less serious ones. The two major effects are: 1) As you approach `he Halladay house from Car-ian Road, this addition is goinf- ' o) crate a very crowded effect with very little visual op- )etween the two house. The proposed addition provides . virtually winiowless wall on the east side except for one small window back tow.arl the southeast corner. The sight angles are .,uch that someone coming up the Halladays' driveway or entrrarice walkway will not see any lake or open green area, but will be looking almost entirely at this blank wall. This is an arF-•t of $1(K),000 (plus or minus) houses, .and this kind of a crowded look definitely has a detrimental effect on the value of hou:as in this price category. 2) The second major effect is tl,:tt the window:, on the lower level of Mr. Hallad ty's house on the west :.1de off his house, which now see sky and trees and grass, will be lr.)c;'.cing up against this blank wall in -stead,, and a i okal deal (,f Light and air will be cut off from the den and the lower level bedroom on the west side of the Halladay house. "4)me lig.,t W-ki air will also be taken away from the two bedrooms e)zl the uppar level of Mr. Hallad.ay's house which are also on the west side of the house. But the effect :,n the lower level rc;,,ms is the most serious and will make them a g soil deal darker and will give them, a rather unplertsrult blank wall to look at in place of oper, sky and trees which thsty now 34- te. Telephone: (Afea Code 612) 545.5681 Mr. Voigt March 7, 197' The two less serious effects are thr 1:ass of some degree of privacy on the deck which projects forward from the lialladay livingroom and dining room, and the removal of pert..,, s ten to fifteen degrees of compass panor unic view from the west s:, ip ) ' the livingroom of the Halladay house. From a value standpoint I think the most damage; will be dor,A by the crowding and the fact that angles here are such that they will emphasizethis crowding effect and •.esult in s. much less pleasing and esthetic situation as you approach the 11alladay house than that now prevailing. It is also quite obvious that the view t'rurn tne luai:r level ,jf2n and bedroom will be very adversely affected. The value of Mr. Ilalladliy's louse is in er.ce:;<, of $I(N),000 in tuday's market, and in this price range buyers -ire very sensitive to hick of privacy, and they expect reasonable space around a house in "his category. Consequently, I would feel that the market for Mr. Halladay's house would probably be thinned out conoiderabl;; because many buyers in this price range :night find the situation iziaccepttable. 'Whenever you narrow the market for a property, you Dbviuusl,y lessen its value. I see a 12 to 15% differential in c ice a: it result. Very truly your, ftE:L;S THr �,►; "CRCR;GIN",, Inc. by �. ti ..� 4'q""'�"► 1ti,. .i , i?. Tho RBT : hr Marc►• ; 1 , 1975 onald K. Rippel t.dndscape Architect/Planner 28190 Woodside Road Shorewood, Minnesota 55331 Mr. Frank Voigt Dorsey Marquart Windhorst West R Halladay 2400 First National Bank Building Minneapolis, Minnesota 55402 Mr. Voigt, Responding to your reuuest that I prepare an analysis of a proposed variance by Podany, owner of lot 7, block Carman's Cove, Orno, with respect to the Halladay residence located on lot 6, block 1, Carman's Cove, Orno MN, I am submitting the following report. A brief of my professional education and experience is submitted as an attachment along with exhibits A,B,C, and D relating to my analysis. The following observations and comments are based upon a personal site insoection and discussion with Mr. and Mrs. Halladay at their home; agumented with site photographs and the plot plan prepared by Cardarelle & Assoc., dated January 24, 1975 as submitted with -the Podany application for a variance. As of Thursday, March 6, 1975, the City of Orno had not received a drainage and grading plan, a recommendation from the Minnehaha Creek Watershed District, as required by ordinance, nor was a copy of the building plans as previously presented to the Council available for inspection. These documents would all have a bearing or, a complete analysis of the situation and should be made available for review before a final decision is reached by the Orno City Council. Violations of the Orno Zoning Ordinance with resvect*to set -back, lot coverage and land alteration are heresy ack- nowledged to be covered in other supporting documentation and are therefore not covered in my analysis. Utilizing exhibits A,!,C and t as reference documents 1 wish to submit the followinq observations and ccnments: one EXHIBIT A, PLAN VIEW In addition to identifying the pos- itions for photographs 1 thru 7, and the cross-section line of exhibit B, it also illustrates the relationship of both existing residences and the proposed Podany addition. 1)An apparent reduction of open space is noted, although a certain amount of this reduction would be allowed urder the present ordinance if the addition is limited to the existing rear building line on the lake side. This is also apparent in photo 7 as the addition would 411 the existing open space from the Podany home to ,ie evergreen plantings as viewed when approaching the halladay home by car. 2)This same effect will be very noticable as you approach the parking area of Halladay's as shown in photo 6. The addition would close the space from the northwest corner of the Hal laday home to the evergreen planting significantly reducing light penetration and air cir- culation in addition to affecting the visual quality of the entrance area. EXHIBIT B. SECTION LOOKIUG NORTH This cross-section is based upon the Cardarelle plot plan and is supplemented with on -site elevations taken with a hand level. It begins to point out an even more serious concern. 1,The existing land form consists of a small hill slop- ing from the Podany residence side yard down to the Halladay home. This causes concern with respect to fut- ure drainage from additional roof area along with channelizing the existing drainage from the front area of Podany's which is presently accommocated on the west side of the hill on Podany's land. 2)This situation becomes more alarming as you observe the proposed addition being bui 1 t on .top o6 th.ie ex.ie tang • land 6oam resulting in even further blockage of light from the southwest and air circulation because of the proposed building mass. 3)Photos 4,5 and 6 illustrate from various vantage points the existing hill and slope to the Podany home. EXHIBIT C. Panoramic view looking from northwest thru south- west, shown as point C on exhibit A. 1)From a 5 foot eye level a perspective projection of the proposed addition would resu't in the building mass shown graphically grey tones on the overlay sheet. The dark grey horizontal area represents the shadow line of the overhang. This building mass would obviously represent two continued, a considerable intrusion into the lakeshore open space presently existing from the Podany rear building line to the left, which is towards the lakeshore and would be visible from al of Halladay's windows on the west side of his home. 2)Photos lA and 1B further show this concern as they are taken from the den/office room, lA being taken at 90' to this window and 1B taken from a seated position at Mr. Halladay's desk looking to the southwest. The entixe shy area shown on the photo would be obliterated as viewed in IA and all of the sky area in the two win dow openings to the right in photo 1B would also be obliterated. 3)Photo 2, taken from the lakeshore deck which leads directly from the living and dining areas on the main level, illuatrates by the grey tone the approximate building mass as proposed and viewed from this pre- sently private area, which when built did not antic- ipate encroachment into the adjacent Podany lakeshore setback or it would have been designed and located in a diffe-ent manner. In summary, from my viewpoint as a landscape architect and iand planner, the most most serious aspect of the proposal effecting the Halladay's living tn.ironment, is the intrusion of a subetantiat bu<tdi'ng mass into a VC4y cn.iti.cal dAea o6 tkght and aon ci4cutation...... thi$ visual and physical space is presently protected by a very valid lakeshore set- back requirement, which if allowed to be varied, would certainly adversely affect the total living environment. This open space 6eel<ng was very important to the Halladay's when evaluating and subsequently purchasing their home. In my opinion this type of vested .inteteat should be respected and protected by the governing body of Orno, not only with respect to the Halladay's, but for the long range benefit to all residents of Orno as their ele,.ted representatives. Re pectfull Donald K. Ripper' landscape architect/planner dkridkr three of three ORONO COUNCIL MEETING OF MARCH 11, 1975 Page 2 Butler moved, Searles seconded, because of the hardship involved, to approve a temporary permit to allow Mr. Loren Butterfield to remove 150 yards of peat from his property for his greenhouse operation, conditioned on his applying to the City of Orono, Department of Natural Resources, and Minnehaha Creek Watershed District for any future use of this nature. Notion, Ayes (4) - Nays (0). The request of Martin Podany, 3285 Carman Road, for lakeshore setback and hardcover variance, was tabled for lack of information, until the April 8, 1975 meeting at the request of Mr. Podany. A neighbor, Henry Halladay, who was prepared to object to the variance, agreed to the continuation. Stan Straley's request for a marina and multi -dock at 3286 North Shore Drive, was tabled for lack of informa�ion, until the April 8,1975 meeting. A status report was presented for multiple use of structures in single family zones. The Council instructed Village Administrator Benson, Councilman Welsh, and Zoning Adminis- trator Muhich to discuss the administrative involvements with two Planning Commission action meetings in one month and report back to the Council at a later date. CONDITIONAL USE PERMIT 3925 Watertown Road SETBACK & VARIANCE 3285 Carman Road l MARINA & MULTI -DOCK 3286 North Shore Drive MULTIPLE USE STRUCTURES TWO ACTION MEETINGS Planning Commission 11r. Robert Bathke, 2610 Mapleridge Lane, VARIANCE appeared before the Council without a 2610 Mapleridge Lane formal application for appal of a proposed location of a new home on Parcel 1505, Shorehills Addition. The matter was referred to the Planning Commission. The Orono City Council issued the following policy statement: Lagoons that are contiguous or connected to Lake Minnetonka or joined by dredging, shall be classified as part of Lake Minnetonka and shall conform to existing regulations. Butler moved, Welsh seconded, that Resolution #577, A Resolution Designating Axle Weight Limits On City Streets, he adopted. tiotion, Ayes (4) - Nays (0). LAGOONS - LAKE MINNETONKA RESOLUTION f577 Road Weight Limits CITY OF ORONO Regular Meeting of the Orono Council, April 8, 1975 The Orono Council met on the above date with the following members present: Mayor Searles, Councilmen Butler and Welsh. Councilmen Massengale and Paurus absent. Butler moved, Welsh seconded, that the ilinutes of the Regular Meeting of March 25, 1975, be approved as amended. Motion, Ayes (3) - Nays (0). The Antenna Ordinance was deferred until the meeting of April 22, 1975. Searles moved, Butler seconded, to adopt. Resolution #583 forming a joint Park Commission whose membership shall be composed of Orono, Minnetrista, Mound, and Spring Park as recommended and amended by Mr. Dave Opheim, Park Commission Chairman. Motion, Ayes (3) - Nays (0). Butler moved, Searles seconded, to adopt Resolution #584, A Resolution ordering the owner of a hazardous building within the Village to correct the hazardous condition. Motion, Ayes (3) - Nays (0). Mr. Dave Opheim, Park Commission Chairman, discussed and recommended solutions to the Paul's Landing -Smith's Bay and Stubb's Bay lake accesses. The Council instructed the legal department and Mr. Opheim to submit a resolution for Council action concerning these lake accesses at the next Council meeting. Searles moved, Butler seconded, to adopt Resolution #585 extending all existing marina licenses until May 15, 1975. Motion, Ayes (3) - Nays (0) . 11r. Holladay, represented by Mr. Frank Voigt, attorney, and t1r. Donald Rippel, landscape planner, and Mr. Martin Podany, represented by Mr. Charles Carrol, attorney, presented material and information pertinent to Mr. Podanys lakeshore setback and hardcover variance application. 7: 30 P.M. MINUTES ANTENNA ORDINANCE RESOLUTION #583 Joint Park Commissions RESOLUTION #584 493 Park Avenue LAKE ACCESSES Paul's Landing & Stubb's Bay RESOLUTION #585 Marina Licenses - flay 15, 1975 VARIANCE 3285 Carman Road (Continued) ORONO COUNCIL MEETING OF APRIL 8, 1975 Page 2 Since this material was not submitted before agenda deadline, the second Monday by 4:30 P.M. preceeding the Council meeting, the Village Council and staff will consider all information and documents for further review and analysis. Welsh moved, Searles seconded, to adopt Resolution #586 denying an application for a marina and dock license for Mr. Stan Staley, 3286 North Shore Drive. motion, Ayes (3) - Nays (0). The request for a variance for Arthur Ahlm, 1331 North Arm Drive, was deferred until the meeting of April 22, 1975 when all information will be complete. The legal department discussed the status of the Robert Bathke variance application. More information is being brought up to date and will not be placed on the agenda until all information is complete for presentation. The Roger Kraines request for a variance at 4485 Forest Lake Landing was deferred until April 22, 1975 when all parties will L� represented. Welsh moved, Butler seconded, to adopt Resolution #587, a resolution to support the League of Municipalities proposed amendments to the Open Meeting Law. Motion, Ayes (3) - Nays (0). The Village Council reviewed the golf course operation during the past three years, comparing net incomes and capitol expenditures. The Village staff is initiating a golf promotion program to generate more leagues for 1975. Mrs. Wright, representing B 6 E Patrol, Inc., appeared before the Village Council to discuss complaints concerning B 6 E's employees and statements made by them to residents in the area. It was agreed that. B & E would not get involved with policy judgment or verbal encounters that do not justifiably serve our area residents. VARIANCE (Continued) RESOLUTION #586 Stan Straley Dock VARIANCE 1331 North Arm Drive VARIANCE 2610 Mapleridge Lane VARIANCE 4485 Forest Lake Landing RESOLUTION #587 Open sleeting Law GOLF COURSE PROGRAM B 6 E PATROL WCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEEPS :d LANO SURVEYORS li SITE PLANNERS April 18, 1975 Mr. Walter R. Benson Village Administrator Village of Orono P. O. Box 66 Crystal Bay, Minnesota Subject: Martn Podany 3285 Carmen Ro:a Dear Mr. Benson: We have r—viewed the data you have submitted on the subject project. In our review we have placed particular emphi+sis to the Engineering Report submitted by Schoell & Madson, these soil borings conducted by Twin City Testing and data submitted by Norman K. Rippel, Landscape Architect Planner. In reviewing this soil data submitted by Twin City Testing a type of trench drainaqe system is suggested for disposing of the water originating on the hard cover area. This was Just a summary suagestion no details were given and it wis not considered by the report submitted by Schoell & Ma;ison. Schoell & Madson proposed the construction of a settling pon:i with a pervious dike so that the water would be settled in the pond, perculate through the dike and drain into the lake. We have some uncertainty as to what the Engineer is referring to at the "rear of the lot". However, from his sketch itappears he is referring to the area between the house and the lake. This being the case the pond would be locetted between the house and the lake. 12605 OLSON MEMORIAL HIGHWAY MINNEAPOLIS, MINNESOTA 5544E TELEPHONE (612) S46-373S 36 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 5535, TELEPHONE 612) 697 1031 SOUTHWESt ENGINEERING DIVISION MARSHALL, MINNESOTA 56258 TELEPHONE (607) $32-U" We concurr that water discharged into the holding pond and perculating thru a 14 foot long pervious soil would be of at least as good a quality as runoff from the present lawn area. So as long as the pond would operate efficiently no deterioration of the water reaching the lake would occur as a result of an additional hard cover. However, a pond of this magnitude with a 8 inch thick coarse layer would we think be and impractable and difficult system to maintain in satisfactory operation. It would seem to us that to keep this pervious layer to operating efficiently there would have to be a continually cleaning of the entrance to the filter. This would mean *.hat it would require maintenance to prevent the growth of any grasses, or weeds, it would require frequent cleaning to insure no deposition of grass clippings, leaves or other debris from building up or causing plugging of the filter layer. It would also seem that in order to function properly a flooding of the ponding area is going to be required and that after a very short period of time the bottom of the filter area would become contaminated or plugged causing water to be ponded in this area for an extended length of time rather than the 1-2 ho.•rs suggested in the report a few inches deep but it would be a real deterrent to maintain a yard and a source of breeding for mosquitos and other unsightly conditions. We also cannot determine from the information submitted exactly where thi- oonding area is proposed tut it appears from looking at t.l: site that it would entail a major portion of the balance of the present level land between the house and the lake. If it is to be constructed towards Carmen Road and the house then major difficulties would be encountered with the grading of the site to carry the water into this area and then to getting rid of the water which seeps through the dike. Summing up we conclude that with a proper operating system as proposed could provide water_ of at least equal quality to that present discharge from the draft surface. However, major problems appear to exist in the successful sustained long term operation of the system proposed and we believe it would require extensive maintenance and it would soon be discarded or otherwise ignored. For this reason we do not believe that a long range solution to the water quality problems have been provided and would reserve final judgment until such time as additional supplimentary data is submitted showing detail data dimensions and location. Further the soil test seem to preclude the construction of any system which would feed the water back into the ground water table as the soils are rather impervious and such a solution does not appear practible. Our review has not attempted to address itself specifically to the items raised by Mr. Ripple regarding the effect on the light and air circulation. However, the visual changes referred to in his report appear accurate. However, we have not seen the detailed plans on the proposed house and would have to reserve absolute judgement until such plans our available. If you have any further questions or desire further comments regarding this project do not hesitate to contact US. Very truly yours, MCCOMBS-KNUTSON ASSOCIATES, INC. William H. McCombs, P.E. WHM:j1 ORONO COUNCIL MEETING OF APRIL 22, 1975 Page 2 The antenna ordinance was discussed generally by the Village Council and members of the attending public. Mr. Russell Lund, Mr. George Johnson, Peter Clark, Herman Renner and a represebtative for Gayles Marina discussed their view points. Councilman Gary Welsh presented additions and ommissions to the ordinance for Council review. The Mayor instructed the Administrator to- agenda this matter for May 13, 1975 when all Council members would be present. Mr. Brad Van Nest discussed the concern of the Planning Commission and the need to address itself to Riparian Rights, outlot requirements and lot requirements related to depth and width for dock requirements. The Planning Commission will stNdy these needs and refer to the Council at a later date for policy direction. Searles moved, Welsh seconded, that the request for a lot area and width variance for Cleon Hildens, 1240 Spruce Place, be referred to the Planning Commission. Motion, Ayes (3) - Nays (0). Mr. Podany appeared before the Council and presented a new proposal for an addition to his residence. Since this proposal had not been previously submitted or reviewed, Searles moved, Paurus seconded, to refer the new proposal to the Planning Commission. Motion, Ayes (3) - Nays (0). Paurus moved, Welsh seconded, that the variance for Roger Kraines, 4485 Fores* Lake Landing, conditioned on combininc: Lots B, C & F, be approved. Motion, Aye4 (3) - Nays (0). Paurus moved, Welsh seconded, to approve a variance from lakeshore and hardcover setback for a 9' X 28' addition, conditioned on 1) Will not increase hardcover area; 2) Since the existing structure is located within the 75' setback the variance will allow only 4' of the 9' addition to extend into the 75' lake setback requirement. The balance of 5' shall be outside of the setback requirement; 3) The addition is to the rear of the existing house; 4) Applicant must tear out existing blacktop. Motion, Ayes (3) - Mays (0) . ANTENNA ORDINANCE RIPARIAN RIGHTS VARIANCE 1240 Spruce Place 285 Carman Road VARIANCE 4485 Forest Lake Landing VARIANCE 1635 Bohn's Point Road TO: h. R. Benson, Administrator FR41: 11. F. "kihich, Zoning Administrator llA'E : April 22, 1975 U : Proposed .Addition to Podanv Residence 3285 Carman Road :'After reviewing the latest reports regarding the r oposed addition to the Podanv residence at 3285 Carman Road, I am still of the opinion that granting a variance from the reouired 75' setback requirement would be a reversal from all the rationale in our determination of adopting t'- is regulation. I appreciate the research and study necessary in preparing these reports, however, it must be remembered that'a very extensive studv was made by the various represent:it vies (-)' the Village before adopting all of the regulatory measures in our current Zoning Ordinance. 'Ihe purpose of these measures is to provide health, safety, and welfare for the general rxiblic as well as to preserve and restore the natural conditions in the community. To waive regulations in cases such as this where other alternatives might accomplish the same goal could result in a precedent conflicting with the rationale behind our Comprehensive Plan and Zoning Ordinance. There appears to be no way to extend the structure toward the lake without some way obstructing the view of the neighbors. The suggested trench drainage system would nrohahlv acconplish its Ixirpose under ideal conditions and nroper rnintenance. However, there could he no assurance of these factors. Changes of weather or ownership of the property would also have an effect on the efficiency of *his design. We must provide for conditions sixth as these by appl; nrovisions similar to those in the U.B.C. wherehv variances from regulations shall be governed by the most restrictive measures. he mist control the storm kater runoff, the source of lake ',!innetonka, as we have concluded to preserve and restore the conditions of Like 'Ainneton',.a. I have also attached a cony of the appraisal sheet of the Podanv nroTvrty. These records indicate a main floor living area exceeding 1000 sa. ft. With a full basement under this, area it apnears that better than average living facilities could he provided for a family of seven in the existing structure. >HMW Gm& t JAr.-to I _ No. of so"-- 0131141 Pbylical Coadaiaa: Cood Narioal Yr. duik l F% x Coat. Cat Fair Poor Mo. Reatal pOQIR>ATIOR goof lu'r7RloR inn /LUY1/Jr0 wUlillO Comets !ht _ ` SMIU11MI III A f City Meter 1 tta�i itiM T Cone XLI OMk L.ty Row Well a Fvmp s: CAN" btetDIMM 1"i.`- •rimer nw Cesdult M atw. 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BUIL.DINC DIAGRAIN AND OUTBUILDINGS Draw to snit ma slow dimes ions 1 ' - . - • �- + - i I' . - i-A - TWENTY-FOUR HUNDRED FIRST NATIONAL BANK BUILDING MINNEAPOLIS f 1. r r• �� April 23, 1975 ONO VILLA Mr. W. B. VanNest 3295 Carman Road Excelsior, Minnesota 55331 Dear Brad: As you will observe, a copy of this letter is being sent to the Village Council and to our mutual neighbor, Ned Podany. Its purpose is to make a record of my desire to be kept informed of any developments on what sounded last night like an Amended Petition for a Variance for some new construction, by way of an addition, to the existing Podany residence. Ned had called me before the Council meeting and given me the impression that the existing Petition was being with- drawn and that another would be filed, but, apparently, a decision was made to try to amend the existing application. Regardless of the form and manner of presenting the evident new idea, Ned informed me that he would give me copies of whatever I wanted so that Mrs. Halladay and I could make an informed judgment on what position we might take in connection with those new ideas. As of this writing, I have had no access to any such data. Consequently, I can only state my general opposition to any new construction or addition which has the potential of burdening the surrounding property or the general environment, in- creasing the density or otherwise varying from the requirements of existing ordinances. I have no way of knowing whether the new proposal would be regarded as minimal or not; on the other hand, and regardless of my personal interests, I think that sound vlann- ing policy dictates a rather rigid adherence to the standards because of the precedent which could be established by any variance, however minor one might appear when looked at in isolation. on the other hand, in an attitude of neighborliness, 7 hav no ambition to make life miserable for the Podan,., and, Mr. W. B. VanNese April 23, 1975 Page 2 naturally, hope that their attitude has something of the same flavor. At this tine, the maneuvering to date has cost me several hundred dollars as I have been required to hire experts to tell me that the original proposal would not only do what was already obvious to me in interfering with our access to the winds and weather of the environment but also showed, rather clearly, that any further hard cover on the clay will make my position, down stream from Podanys, even more subject to run-off water than is already tho case. I am sorry to bother you with this record - making, but it did seem necessary. Cordially, He ralladay HH : ruck cc: Orono Village Council Mr. Ned Podany 15 TO: Planning Commission FROM; Hank Muhich DATE: April 29, 197S RE: Mar.'_n Podany, 328S Carman Road Hardcover Setback Variance At the last Council meeting, the Podanys withdrew their original request for a hardcover setback variance. At this meeting they submitted floor plans of an addition different from the original Props The Council referred this new proposal back to the Planning Commission. The applicant was informed that new site plans and applications would be required before processing the proposal. As of this date they have not been submitted to our office.