HomeMy WebLinkAboutProject PacketMemo
To: Finance Department
From: Christine Mattson, Planning Assistant CJI"
CC: Zoning File
Date: February 20, 2018
G/L: 101-22205
Re: Escrow Refund
Planning & Zoning
Department
Land Use Application #16-3808 pertaining to 3800 Casco Avenue is complete and has been
replaced with an escrow associated with the building permit (2016-00725). Please refund
$2,500 to Charles Cudd.
Mail to: Charles Cudd LC
15050 23 rd Ave N
Plymouth, MN 55447
z:\zoning applications\2016 #3797 thru #3885\16-3808 (3800 casco ave) var\escrow refund 16-3808.docx
LAND USE APPLICATION ESCROW AGREEMENT
Application #16-3808
AGREEMENT made this 3 day of Rh@D.t~ , 20~, by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City") and Casco Venturs, LLC ("Owners").
Recitals
1. Owners have filed Land Use Application #16-3808 formally requesting the City to review plans for
the property addressed 3800 Casco Avenue (the "Subject Property") legally described as Lots 8 and 9, Block 3,
Casco Heights, Hennepin County, Minnesota.
2. Owners request the City to review said plans which requires City approval and may require
consulting legal and/or engineering review.
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $2,500 with the City. All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will
incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review
of Land Use Application #16-3808. Eligible expenses shall be consistent with expenses the Owners would be
responsible for under a land use application.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt
of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all
expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners
when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement
two times per year to determine whether the requirements of the project have been successfully completed and
whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall
be released upon City Staff receiving the appropriate verification that all requirements of the project have been
successfully completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat.§§ 415.01 and 366.012.
CITY: CITY OF ORONO OWNERS:
By: Clwhhk> ~
1raEiann~ ~
~B~~.:> ~
Its: '\/f!
Internal Use Only: IJ Original to Finance Department IJ Copy to Zoning File IJ Copy to Street File
CHARLES CUDD CO., LLC
DATE INVOICE NO. DESCRIPTION
1-20-16 20160120 Casco L8&9 escrow & varia
1-20-16 CHECK
NUMBER
CHARLES CUDD CO., LLC
OPERATING ACCOUNT
15050 23RD.AVE N, .
. PLYMOUTH, MN 55.447°471.0
36143
036143
INVOICE AMOUNT DEDUCTION BALANCE
3200.00 .00 3200.00
3200.00 .00 3200.00
BRIDGEWATER BANK 75-1752/910 036143
ay: *************************Three thousand two hundred dollars and no cents
PAY
TO THE
ORDER
OF
City Of Oron.o
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
F!EORDER F'O?il\ii #973LT~
DATE
January 20, 2016
CHECK NO. .. AMOUNT
RECEIVED
JAN ? 0 2016
CllY OF ORONO
\
CITY OF ORONO
2750 KELLEY PARKWAY
ORONO, MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS
PIN
LEGALDESC
: 2750 CASCO POINT RD
: 20-117-23-24-0019
: CASCO HEIGHTS
: LOT 000 BLOCK 003
PERMIT TYPE : ESCROW FEE -APPLICANT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE -APPLICANT
NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION 16-3808
APPLICANT
CHARLES CUDD LLC
15050 23RD AVENUE N
PLYMOUTH, MN 55447-
()
Minnesota State License#: BUIL-BC635245
OWNER
Casco Ventures LLC
16192 HWY 7
MINNETONKA, MN 55345-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications, applicable City approvals, and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein. This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance, or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code. This permit may be
revoked at any time for due cause.
Applicant Permitee Signature Date
ESCROW FEE -APPLICANT
Payment(s)
CHECK
Issued By Signature
036143
II I Ill Ill Ill I II IIII II I IIIIII I Ill I IIII I IIII I 1111111111111111
*2016-00077*
DATE ISSUED: 01/21/2016
TOTAL
Date
2,500.00
2,500.00
2,500.00
I I
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 23, 2016
7:00 o'clock p.m.
12. #15-3786 MOONEY LAKE PRESERVE-LOTS 1 AND 2, BLOCK 1 (PRAIRIE VIEW
LANE), PROPOSAL TO DELAY ROAD CONSTRUCTION: CONCEPTUAL REVIEW
Printup moved, Cornick seconded, to direct the applicants to provide draft revisions to the Mooney
Lake Preserve Development Contract and covenants for Staff review. Once Staff finds those
revisions acceptable, this item should be brought back before the City Council for final action.
VOTE: Ayes 5, Nays 0.
*13. #16-3808 RICK DE1"'MA..'l'IJ ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
A VENUE, VARIANCES -RESOLUTION NO. 6626
Printup moved, Levang seconded, to adopt RESOLUTION NO. 6626, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-350, for the property located at 3800 Casco
Avenue. VOTE: Ayes 5, Nays 0.
*14. #16-3818 DALE MULFINGER (SALA ARCHITECTS) ON BEHALF OF CHRIS AND
LESLIE NEUGENT, 710 BIG ISLAND-RESOLUTION NO. 6627
Printup moved, Levang seconded, to adopt RESOLUTION NO. 6627, a Resolution Approving
Variances from Municipal Zoning Code Sections 78-1279 and 78-1680 and Denying Variances from
Municipal Zoning Code Sections 78-1279 and 78-1680, for the property located at 710 Big Island.
VOTE: Ayes 5, Nays 0.
*15. #16-3829 JOHN AND SARAH LINDAHL, 2465-2485 NORTH SHORE DRIVE
SUBDMSION: LOT LINE REARRANGEMENT-RESOLUTION NO. 6628
Printup moved, Levang seconded, to adopt RESOLUTION NO. 6628, a Resolution Approving a
Subdivision of a Lot Line Rearrangement at 2465-2485 North Shore Drive. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Walsh reported he attended the last Planning Commission meeting and that the new chair did a good job
running the meeting.
Cornick stated he was going to comment about certain letters that came out this month but that someone
else said it better than he could earlier in the meeting.
Levang stated as Public Works Director Edwards indicated, the Girl Scouts did plant a butterfly garden at
Livingston Tower Park. Levang stated Park Commissioner Bryce Johnson, Adam Edwards, Mayor
McMillan, and herself were there to oversee the planting. Levang stated she has already received a
number of positive comments by people who have passed by. In addition, the local newspaper will be
doing a story on it.
Levang reported the City also had 25 girls from the Orono Thunder help place wood chips on the trails at
Lurton and French Creek. Levang commented Lurton Park is a very beautiful, peaceful place, and that
she is grateful the Lurton family donated that land to the City.
Page 20 of 23
Date Application Received: 01/20/16
Date Application Considered as Complete: 03/03/16
120-Day Review Period Expires: 07 /01/16
REQUEST FOR COUNCIL ACTION
Date: 19 May 2016
Item No.
Department Approval: Administrator Approval: Agenda Section:
Name: Melanie Curtis \tY)CC
Title: Planner
Item Description:
Planning
#16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue, Variances
Application Summary:
This application requesting a lot area variance, rear and front yard setback variances for a new residence was
before the Council at the May 9th meeting. Council voted to direct to draft an approval resolution.
Planning Staff Recommendation
Staff recommends approval; a draft resolution reflecting approval is attached.
COUNCIL ACTION REQUESTED
Council should consider adopting or amending the draft approval resolution.
List of Exhibits:
Exhibit A.
Exhibit B.
Draft Resolution
Draft Council Minutes 05/09/16
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350
FILE NO. 16-3808
WHEREAS, on January 20, 2016, Cas~ Ve~~ures LLC, a Minnesota Limited
Liability Company (hereinafter the "Applicant"), applied: fcW varianc~s from the City Code for the
property addressed 3800 Casco Avenue, and legc:1Hydescribed as{
Lots8 and 9, Block 3, Casco Heights, Hennepin County; Minnesota (hereinafter
the "Property"); · ·
WHEREAS, the Applicant has made applicati¢.n to the City of Oroap for a variance
to Orono Municipal Zoning Code Sectio.n: ~8-350 to allowrek:ievelopment of the Property which is
12,807 square feet or 0.29 acre in areaandwhich has 110feet in width where 21,780 square feet
or 0.5 acre in area and 100 feet in width 1~ normally required; and
WHEREAS; th~ A,pplicant has made c1pplicc1tion to the City of Orono for a variance
to Orono Municipal Z.o.t!lilj,9 Code:se.ction 1a:.:3~0 tq:allow a 23 foot setback from the front property
line where a 30 foot 1s~tpack is requJred; and . .
WHEREAS, :th~ ARPH~nt has made application to the City of Orono for a variance
to Orono M~9r~pca:LZ,oning dod~1 Section 78-350 io allow a 10.9 foot setback from the rear
property lif!e iwhere ~ 30 foot setl:)ack is requrreq;. and . .
WHEREAS,i~n MarcH{2t 2016, after published and mailed notice in accordance
with Minn~ijbta Statutes and 'the City COde, the Planning Commission held a public hearing, at
which time alf:~eqsons desiring (¢be heard concerning this application were given the opportunity
to speak thereon; ~nd
WHERE,~, o~ Nllarch 14, 2016, the Planning Commission held a public hearing
and recommended apprqial:of·the variances; and
WHEREAS, on May 9 and May 23, 2016 the City Council reviewed the application
and the recommendations of the Planning Commission and City staff; and
1
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #16-380&, The analysis contained within
staff memos and the exhibits attached to the aforesaid rrremos, all minutes from the above
mentioned meetings, and any and all other materials. distributed at these meetings are
hereby incorporated by reference. ·
2. The Property is located in the LR-1 C, On~ Family Lakeshore Residential Zoning District.
3. The Property contains 0.29 acres in area ar,d has a defined lot width of 110 feet in width.
4. The Property is within Tier 2 and hardcover is limiteq fo:30% according tt>the Stormwater
Quality Overlay District. The proposed plan results. :in 23.3% hardcover. · ·
5. Applicant has applied for the foUbwing variances:
a. Lot area variance
b. Front yard $~lb~fk variance
c. Rear yctr<:t ;setbaclfyariance
6. In considering 'tHis application for variam;es, the Council has considered the advice and
recommendation· of t~e Plc1nr,jng Commissiqn and the effect of the proposed variances
upon it~~. h~aJth, safijty. ~o~ welf~re. of the community, existing and anticipated traffic
ce>rditions(;)lignt;c1nd air; d~nger of fire, :risk to the public safety, and the effect on values
':of property in the 1s1,moundjng area. ·
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance .... " The lot area variance requested is consistent with the
general intent dfthe Orq!hance. The requested front and rear yard setback variances are
in harmony with tt)~ Or<li~mance and will result in a consistent development pattern between
the subject lot and!th~ abutting neighbors.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a single
family residence on the Property in a residential zone are consistent with the
Comprehensive Plan.
2
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The request to permit construction on a substandard property with portions of the
proposed home to be located within the fron~ and tear yard setbacks, yet maintaining
a consistent 1 O' side yard separation and setback. from the road consistent with the
neighbors, appears to be reasonabl~. · ·
. .
b. The plight of the landowner is due to circumstances unique to fJis property not created
by the landowner. · · ·
The sub-standard size of the Property is not the result of actions by the Applicant.
The home on the Property will be placed in the same orientation as the neighboring
home to the north with a 1. O' side setback and "back yard" area to the rear.
c. The variance, if granted, wi/J:not alter tqe .essential ch.aracter of the locality."
The lot afe~ Vat~?9 or rear ana from setb~ak variances will not alter the character
of the nf:!ighborhooe;:L .It does not ~ppear that the requested variances will adversely
impact th$ adjacent ;ioroperty owner:s. The designation of the south boundary line as
th~front pr~~1rty Iii;,~ i~ 11ot percepti?le to the neighborhood, especially while the
'~Qµ~e. is oriernecHq the NW, toward the defined street side yard.
2. ),1Ebonomic considerations c!lone do not constitute practical difficulties." The Applicant has
not requested consideration for economic reasons.
3. "Practi¢al difficulties also include bl,1t are not limited to inadequate access to direct sunlight
for solar eh~rgy systems:. , 'Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 2~6C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This criterion is not applicable.
4. "The board or the cddncil may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." Construction of a single family residence on the Property in a residential zone is
consistent with the Zoning Code and the Comprehensive Plan.
3
5. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling." This criterion is not applicable.
6. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The nearly conforming, yet substandard lot
area of the Property is not uncommon in the surrounding neighborhood. The orientation
of the proposed home resulting in the front and rear setback variances will maintain
character of the immediate neighborhood.
7. "The conditions do not apply generally to other lana·or structures in the district in which the
land is located." The Property is unique in location and configuration. The variances will
allow conformance with the neighborhood character. · · ·
8. "The granting of the application is neces~ary for the preservation and enjoyment of a
substantial property right of the applicant". The request¢d variances fo c1llow redevelopment
of the Property are reasonable and necessary to preserve a substantial l!>rioperty right of the
Applicant.
9. "The granting of the proposed variance will.not in anyway impair health, safety, comfort or
morals, or in any other respect OE!. contrary to the inte:rtfof this chapter." Granting the
requested variances will allow for the character of the neighborhood to be maintained, will
not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent
of the Code. ··
10. "The granting of SU~ Nariq9ce vyjJI not meretx serve as a convenience to the applicant, but
is ~~$ry :to alleviat~<(d~r;nonst~~le difficulty." The size of the Property; the corner lot
configuration; orientation of the adjacent homes create practical difficulties affecting the
Property; the variances are necessary and will not merely serve as a convenience to the
Applicant. ·
CONC:lUSIONS,·ORDER AND CONDITIONS:
Bas$~. t,1pon one pr: more of the above findings, the Orono City Council hereby
grants a variance to Orono ri.ilµl'.licipal Zoning Code Section 78-350 for the Property which is
12,807 square feet or 0:29'a~re in area and which has 11 O feet in width where 21,780 square feet
or 0.5 acre in area and 100 feet in width is normally required; a variance to Orono Municipal
Zoning Code Section 78-350 to allow a 23 foot setback from the front property line where a 30
foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-350 to allow
a 10.9 foot setback from the rear property line where a 30 foot setback is required, subject to the
following conditions:
4
1. Council approval is based on the survey by Gronberg and Associates dated 01/20/16 and
revised 05/02/16 and building plans submitted by the Applicant and annotated by City
staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which
are not in conformity with City codes may require further Planning Commission and City
Council review.
2. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by obtairtil;[g a building permit for the new
construction and commencing construction of said prQjeqt. A framing inspection must be
completed within one year of the date of Council appr6v~I, or the variances will expire on
that date (May 23, 2017).
3. Violation of or non-compliance with any ofthe terms and conditi~ns of this resolution shall
constitute a violation of the zoning code,. shall automatically terminate any authority
granted herein, and shall be punishable as a 'qlisdemeanor.
4. The undersigned Applicant nc1~ read, understands;ahd hereby agrees to 'the terms of this
resolution and on behalf oftf:\¢ Applicant and the Applicant's heirs, successors and
assigns, hereby agrees to thehrecordirig of this re$ol1Jtion in the chain of title of the
Property. :' > ,_,
ADOPT6P:lbfthe prone City CounqiLori this 23rd day of May, 2016.
ATTEST:
Lili Tod McMillan, Mayor
5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Casco Ventures, LLC
A Minnesota Limited Liability Company
The foregoin~1 i~st~t'.Jment1was acknowledij~ pefore rr:ie this __ day of ____ _
20_, by _______ ___,,.,.,....,.... ___ _ ___________ of Casco
, ' '
Ventures 1,.,LC\!~Minnesota trmite,cliiia6ltitycompany, on behalf of the company.
,, , .. ,, ,., ; '· ''. ,,. " ,',',
Notary Public
6
CERTIFICATE OF SURVEY FOR
CHARLES CUDD DENOVO
(948.7)
OF LOTS 8 & 9, BLOCK 3, CASCO HEIGHTS
HENNEPIN COUNTY, MINNESOTA
/
I
/
(953.9)
LEGAL DESCRIPTION OF PREMISES
Lots 8 and 9, Block 3, CASCO HEIGHTS
~ denotes nail set in blacktop roadway ., denotes iron marker found
& denotes existing tree to be removed
(908.3) : denotes existing spot elevation, mean sea level datum
@.i@: denotes proposed spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
---ill2IJ--: denotes proposed contour line, mean sea level datum
Bearings shown ore based upon an assumed datum.
RECEIVED
MAY -2 2016
CITY OF ORONO
PROPOSED ELEVATIONS (verify)
1) Garage = I 955.5 I
This survey intends to show the boundaries of the above described property, the
location of an existing garage, to be removed, trees, spot elevations and topography,
and the proposed location of a proposed house, porch, patio, driveway and grades
thereon. It does not purport to show any other improvements or encroachments.
2) Top of foundation = (959.67)
DATE OESCRIPTlON
SEWER ANO WATER SERVICES A00£0 PER aTY PLANS
t~~~:t~"'~""~--;;;,~.,,:«c::,;;.,c:::,,,: .. "';:,;:;;,e::"•ee"::::=============================l ASSOCIATES, INC.
3) First floor = 1961.0I
4) Lookout =l954.11
5) Basement = /950.91
hereby certify that this plan. specification, or report
os prepared by me, or under my direct supervision,
nd thot ! am o duly Licensed Land Surveyor under
he lows of the State of Minnesota.
SCALE
1"=20'
OATE
1-20-16 $GRONBERG AND
t===:t=========================================l CONSULTING ENGINEERS, LAND t===jt=============================================~ SURVEfff ~,\3,h~ Jc,i~ 6R1tv{NNERS '--"-~~~~~~~:2;_,~~~"::::~:'::;'Z=--I
l---+--------------------------1 LONG9~~~~•7t~4f45,3 55 ark$. Gronber ..
J08 NO.
16-024
12755
16-024
mo
~0 -·C g::::,
""'n ::t>=
[! t ]I ________ I_~ ~ M'
REVISIONS /ISSUE OATES
0.1.'lo! t1€SCRP!10ft llATE! 0 CHARLES CUDD CO.
Arehitectural Design• Build
~ c[Jr)
r-------------------7
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REVISIONS I ISSUE OATES
D,\Te CRI DA CASC0°POINT MODEL CHARLES CUDD CO.
lOTNO.: -Architectmal Design• Build
JOEl,lo., 98)()(
;---
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~---------------------------------J
LOTNo.: -
JoaNo.: 98)()(
CHARLES CUDD CO. --------..-....
Arcldtectural Design•Build
15115Gtlnt~,:.~~Dr,llo,\4
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
5. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) (continued)
Larson noted in the Council packet there is a statistic sheet, with Orono's numbers being listed towards
the bottom. Larson stated Harvest Moon also donates food that is close to expiring once a week.
McMillan commented she took a tour of the facility in February and that it is very well run and organized.
Larson stated all the Council members are welcome to tour their facility anytime.
Walsh asked if monetary donations can be directed towards certain pro~ams.
Larson indicated they can be.
PUBLIC COMMENTS
None
PUBLIC WORKS/CITY ENGINEER REPORT
*6. LURTONPARKPARKINGLOTEXPANSI0~
. . .
Levang moved, Cornick seconded, to acce.p't'the 9uote in thlf~mount of $1,250 from Bituminous
Roadways, Inc., for the expansion oftheLurton Park parking l()t, VOTE: Ayes 5, Nays 0.
PUBLIC SAFETY REP(!)}l'f1.
None
t ; ', ,i
PLANNING DEPARTMENT REP(l)RT
1. #;ttj~~b~ futt(J),ENMAN:o~;BEHALFOF' cAsco VENTURES, LLC, 3soo cAsco
AVE~{VARIANCES . .
City Plannet'.trj-~~is stated the app:}icant is requ~sting a lot area variance as well as rear and front yard
setback varianc"e~ :U\ _order to constru~t a new residence on the property. The plan has been revised
slightly since the Pl~t;llling Comm1~~icm review to reduce the structural footprint to conform to the 15
percent limitation. Th~ :applicant µas also rotated the house on the lot and it now encroaches seven feet
into the required 30-foot:if;iqnt s~tb~ek on the south side. The previous plan met the 30-foot setback.
At its March meeting, the PlJn:ning Commission voted 5-0 to recommend approval of the lot area and rear
setback variances with the condition that the house be revised to conform to the 15 percent limitation for
structural coverage.
Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds it
appropriate, they should direct Staff to draft an approval resolution for adoption at the May 23 Council
meeting.
McMillan asked where the 7-foot encroachment is.
Page 5 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
A VENUE, VARIANCES (continued)
Curtis pointed out the encroachment on the overhead. Curtis stated when the house was rotated more
counter-clockwise, it met the 30-foot setback.
McMillan asked why the house was rotated.
Curtis stated the applicant could probably better address that but that there were some comments at the
public hearing regarding the drainage on the property. Previously tl;le applicant had a retaining wall
shown along the side and then subsequently rotated the house so i~ wqµld be a better fit on the property.
Rick Denman, Charles Cudd Company, stated the primary reasonthey rotated the house was to maintain a
gentler slope coming up the driveway to the garage. Demµllri indicated he did not realize the slope of the
driveway when they were before the Planning Commission: In addition, ithe retaining wall has been
eliminated. Denman noted he is building a new horne~ust to the west of this piece abutting Lot 10 and
that they are developing these two properties together.' · ·
Denman stated the reason for the variance is there is no goo.;! wayftl[put a home o~ t}lil;lot with a decent
back yard due to the setbacks. Denman ~tat~d in his vie\V thjs pf:fers the most aesthetfoally and functional
way to do that. If the house were to be mtatech~µd the front yar,~was the way it was originally proposed,
there would have been no back yard and t1l,e11eighbor would be looking right into the back of the garage.
Denman stated this provides a nicer back yar:~ .as well fl.S a nice street' presentation.
Levang stated she had a C01).pefriabout the orientation ofboth,oft4e driveways.
)''' '; ,'' ,,, . '·. ,. ",
Curtis displayed the sut:V;~~. on the ovetliead. Curtis asked where the driveway is in relation to the stop
sign.
Levang sta,~eq.!i~~pp$.rs.the constiuctiorl driveway is right in front of the stop sign.
Denmari iilUicated he is :not ~~sitive brt t)l~t and that he would have to double check it.
there is a t~l;l,irement that the kJ.rj;yeway be l~cated so far from the stop sign.
''.i,;;:,' ' ; ' '
Walsh comment~;it appears thaHhe stop sign is located in the middle of the driveway.
Denman asked if
Levang asked if the dri~¢\\-'ay thatJs.depicted is where it originally was. Levang noted there appears to
be some remnants of a paS.1; driv.e.w~y ;at 3 800. Levang asked whether the new driveway will be in the
same spot.
Denman stated it is pretty close.
Levang commented there is not much room for a back yard. Levang stated she is not sure whether the
difference between the two versions is something the Planning Commission should look at. Levang
asked if there is an overlay showing the difference between the two.
Curtis displayed the original plan.
Levang asked if they have changed the angle of the front door.
Page 6 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
A VENUE, VARIANCES (continued)
Denman indicated it is facing the same direction but is now at an angle.
Levang stated she is concerned about the 23 feet versus the 30.
McMillan stated the practical difficulty is the driveway slope.
Denman stated in their view what they have proposed is a good solution if the Council is in favor of the
variance.
Walsh moved, Printup seconded, Application No. 16-3808',:Rick])!nman on behalf of Casco
Ventures, LLC, 3800 Casco Avenue, to direct Staff to.draft an apptoval resolution granting lot
area, rear and front yard setback variances as present~d. VOTE: Ay¢S 5, Nays 0
8. #16-3818 DALE MULFINGER (SALA; ARCIDTECTS) ON BEHALF OF CHRIS AND
LESLIE NEUGENT, 710 BIG ISLAND, VARIANCES
Curtis stated the applicant is requesting ~e setback variances as:well as a 0-75 foot harclcover variance
in order to construct additions to the exi~tin~ yapin and constmot,a detached storage building/garage on
the east side of the property. All of the proj~t:it~will be located takeward of the average lakeshore setback
line. Therefore an average lakeshore setbackvarianceis necessary,
.
The Planning Commission;reV:iew,-ed this application and heldtapµblic hea,ting. The Planning
Commission voted 5-0 t9 ,appi6Ve tlie variances with the recommendation that the construction plans be
revised to reflect the typ~ qf foundati:onto be used underthe screen porch. The applicant has submitted
those revised plans. · · · ·
Staff has PfQMi~~ijidraft resohitio:qfof Council review.
Levang/n;qte~:t~e ;la~~irigCo:uimi~sio~cliscussed the :Q.ew porch not becoming a 4-season addition to the
house butqid,;not stipulate to~~~ in theirrec.ommendations. Levang asked if the City Council is
comfortableiyith, not including tlia;t in the resolution.
Curtis noted it is difficult for Stafftti;enforce that kind of provision but the City Council can impose that
if they would like. Curtis, noted the tnass and structure would still there with the 3-season porch and will
not change if it is a 4-sea.sqn porch.
';, '
McMillan asked about the fou*(µltion.
Curtis stated the applicants are showing construction utilizing those 3' x 3' piers. Since the applicants'
verbal plan did not coincide with their plans on paper, it was requested that they provide revised plans
showing that the existing footings will be utilized. Those revised plans have been submitted and show
they will be utilizing the existing footings.
Walsh stated the issue he has is the encroachment into the 0-7 5 foot zone and that he is not sure why the
Council would allow them to encroach simply because those footings exist in that area. Walsh stated it
does not matter to him if it is a 3-season porch or a 4-season porch.
Page 7 of 28
Item Description:
#16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue, Variances
The applicant requests a lot area variance, rear and front yard setback variances in order to construct
a new residence on the property. Since Planning Commission's review, the plan has been revised
slightly in order to reduce the structural footprint to conform to the 15% limitation. The applicant
has rotated the house on the lot resulting in a 7 foot encroachment into the required 30 foot front
setback on the south where the previous plan met 30 feet.
On March 21 st the Planning Commission reviewed the application & held a public hearing. The
Commission voted 5 to O o to recommend approval of the lot area and rear setback variances with
the condition that the house be revised to conform to the structural coverage limit.
Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds
it appropriate staff should be directed to draft an approval resolution for adoption at your next
meeting.
I am available for questions and the applicant is present.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
5. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) (continued)
Larson noted in the Council packet there is a statistic sheet, with Orono's numbers being listed towards
the bottom. Larson stated Harvest Moon also donates food that is close to expiring once a week.
McMillan commented she took a tour of the facility in February and that it is very well run and organized.
Larson stated all the Council members are welcome to tour their facility anytime.
Walsh asked if monetary donations can be directed towards certain programs.
Larson indicated they can be.
PUBLIC COMMENTS
None
PUBLIC WORKS/CITY ENGINEER REPORT
*6. LURTON PARK PARKING LOT EXPANSION
Levang moved, Cornick seconded, to accept the quote in the amount of $1,250 from Bituminous
Roadways, Inc., for the expansion of the Lorton Park parking lot. VOTE: Ayes 5, Nays 0.
PUBLIC SAFETY REPORT
None
PLANNING DEPARTMENT REPORT
7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
AVENUE,VARIANCES
City Planner Curtis stated the applicant is requesting a lot area variance as well as rear and front yard
setback variances in order to construct a new residence on the property. The plan has been revised
slightly since the Planning Commission review to reduce the structural footprint to conform to the 15
percent limitation. The applicant has also rotated the house on the lot and it now encroaches seven feet
into the required 30-foot front setback on the south side. The previous plan met the 30-foot setback.
At its March meeting, the Planning Commission voted 5-0 to recommend approval of the lot area and rear
setback variances with the condition that the house be revised to conform to the 15 percent limitation for
structural coverage.
Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds it
appropriate, they should direct Staff to draft an approval resolution for adoption at the May 23 Council
meeting.
McMillan asked where the 7-foot encroachment is.
Page 5 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
AVENUE, VARIANCES (continued)
Curtis pointed out the encroachment on the overhead. Curtis stated when the house was rotated more
counter-clockwise, it met the 30-foot setback.
McMillan asked why the house was rotated.
Curtis stated the applicant could probably better address that but that there were some comments at the
public hearing regarding the drainage on the property. Previously the applicant had a retaining wall
shown along the side and then subsequently rotated the house so it would be a better fit on the property.
Rick Denman, Charles Cudd Company, stated the primary reason they rotated the house was to maintain a
gentler slope coming up the driveway to the garage. Denman indicated he did not realize the slope of the
driveway when they were before the Planning Commission. In addition, the retaining wall has been
eliminated. Denman noted he is building a new home just to the west of this piece abutting Lot 10 and
that they are developing these two properties together.
Denman stated the reason for the variance is there is no good way to put a home on this lot with a decent
back yard due to the setbacks. Denman stated in his view this offers the most aesthetically and functional
way to do that. If the house were to be rotated and the front yard was the way it was originally proposed,
there would have been no back yard and the neighbor would be looking right into the back of the garage.
Denman stated this provides a nicer back yard as well as a nice street presentation.
Levang stated she had a concern about the orientation of both of the driveways.
Curtis displayed the survey on the overhead. Curtis asked where the driveway is in relation to the stop
sign.
Levang stated it appears the construction driveway is right in front of the stop sign.
Denman indicated he is not positive on that and that he would have to double check it. Denman asked if
there is a requirement that the driveway be located so far from the stop sign.
Walsh commented it appears that the stop sign is located in the middle of the driveway.
Levang asked if the driveway that is depicted is where it originally was. Levang noted there appears to
be some remnants of a past driveway at 3800. Levang asked whether the new driveway will be in the
same spot.
Denman stated it is pretty close.
Levang commented there is not much room for a back yard. Levang stated she is not sure whether the
difference between the two versions is something the Planning Commission should look at. Levang
asked ifthere is an overlay showing the difference between the two.
Curtis displayed the original plan.
Levang asked if they have changed the angle of the front door.
Page 6 of 28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, May 9, 2016
7:00 o'clock p.m.
7. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
A VENUE, VARIANCES (continued)
Denman indicated it is facing the same direction but is now at an angle.
Levang stated she is concerned about the 23 feet versus the 30.
McMillan stated the practical difficulty is the driveway slope.
Denman stated in their view what they have proposed is a good solution if the Council is in favor of the
variance.
Walsh moved, Printup seconded, Application No. 16-3808, Rick Denman on behalf of Casco
Ventures, LLC, 3800 Casco Avenue, to direct Staff to draft an approval resolution granting lot
area, rear and front yard setback variances as presented. VOTE: Ayes 5, Nays 0
8. #16-3818 DALE MULFINGER (SALA ARCHITECTS) ON BEHALF OF CHRIS AND
LESLIE NEUGENT, 710 BIG ISLAND, VARIANCES
Curtis stated the applicant is requesting lake setback variances as well as a 0-75 foot hardcover variance
in order to construct additions to the existing cabin and construct a detached storage building/garage on
the east side of the property. All of the projects will be located lakeward of the average lakeshore setback
line. Therefore an average lakeshore setback variance is necessary.
The Planning Commission reviewed this application and held a public hearing. The Planning
Commission voted 5-0 to approve the variances with the recommendation that the construction plans be
revised to reflect the type of foundation to be used under the screen porch. The applicant has submitted
those revised plans.
Staff has provided a draft resolution for Council review.
Levang noted the Planning Commission discussed the new porch not becoming a 4-season addition to the
house but did not stipulate to that in their recommendations. Levang asked if the City Council is
comfortable with not including that in the resolution.
Curtis noted it is difficult for Staff to enforce that kind of provision but the City Council can impose that
if they would like. Curtis noted the mass and structure would still there with the 3-season porch and will
not change if it is a 4-season porch.
McMillan asked about the foundation.
Curtis stated the applicants are showing construction utilizing those 3' x 3' piers. Since the applicants'
verbal plan did not coincide with their plans on paper, it was requested that they provide revised plans
showing that the existing footings will be utilized. Those revised plans have been submitted and show
they will be utilizing the existing footings.
Walsh stated the issue he has is the encroachment into the 0-75 foot zone and that he is not sure why the
Council would allow them to encroach simply because those footings exist in that area. Walsh stated it
does not matter to him if it is a 3-season porch or a 4-season porch.
Page 7 of 28
Date Application Received: 01/20/16
Date Application Considered as Complete: 03/03/16
120-Day Review Period Expires: 07 /01/16
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Approval:
Name: Melanie Curtis h"CC
Title: Planner
Item Description:
Date: 4 May 2016
Item No.
Agenda Section:
Planning
#16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue, Variances
Application Summary:
The applicant requests a lot area variance, rear and front yard setback variances in order to construct a new
residence on the property. The plan has been revised slightly since Planning Commission review to reduce the
structural footprint to meet the 15% limitation, however the house has been rotated on the lot and
encroaches 7 feet into the required 30 foot front setback on the south side.
Planning Commission Recommendation
On March 21 st the Planning Commission held a public hearing and reviewed the application including the
evidence submitted. Following the public hearing the Commission voted 5 to O on a motion to recommend
approval of the lot area and rear setback variances with the following conditions:
1. The house was to be revised to conform to the 15% limitation for structural coverage.
Planning Staff Recommendation
Staff recommends approval of the lot area, rear and front yard setback variances. If the Council finds it
appropriate staff should be directed to draft an approval resolution for adoption at the May 23 rd Council
meeting.
The Council may also elect to return the revised plan to the Planning Commission for their review and
comment.
COUNCIL ACTION REQUESTED
Council should consider directing staff to draft an approval resolution.
List of Exhibits:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Proposed Survey-Revised
Hardcover Calculations-Revised
Proposed Plans & Elevations -Revised
PC Staff Report & Exhibits
PC Minutes 03/21/16
CERTIFICATE OF SURVEY FOR
CHARLES CUDD DENOVO
OF LOTS 8 & 9, BLOCK 3 , CASCO HEIGHTS
HENNEPIN COUNTY, MINNESOTA
I
7 LI
/ /\ BLACKTOP/; c As c 0 ,,,,.,,,,,,.,, \ /ROADWAY
~ P,,,,.,,0-I'NT l
,,,,.,,✓~OAI~t~ I
JlJ
POWER
__ POLE -. I
(94B .7)
~ CATE Do:l
VALVE' v, /.
~
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"\L!s/z \\ ,.G,:Y :
.,to :
\ \ \ · ..
~\ ............ .
\ (949.B
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LEGAL DESCRIPTION OF PREMISES :
Lots 8 and 9, Block 3, CASCO HEIGHTS
~ denotes nail set in blacktop roadway
• denotes iron marker found
3 denotes existing tree to be removed
(953.9)
(908.3) denotes existing spot elevation, mean sea level datum
1910 .BI denotes proposed spot elevotion, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
~: denotes proposed contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
" " " "
This survey intends to show the boundories of the above described property, the
location of an existing garage, to be removed, trees, spot elevations and topography,
and the proposed location of a proposed house, porch, patio, driveway and grades
thereon . It does not purport to show any other improvements or encroachments.
" " .·• " ' " " " "
RECEIVED
MAY -2 2016
CITY OF ORONO
" " 6~[
,l••;'
"-. \~i:1~•~E I (95B.9) "-. JO" BOX ELOE,I\
" 111'.~ \ I " ~~-I "-"-'---.:91,!J.&' I
"' I
'j-.._" J
~
... :
" ;-,: /\ ""
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'(954.2)
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PROPOSED ELEV A TIONS (verify )
1) Garage = I 955 .5 /
2) Top of foundation = 1959.67/
3 ) First floor = 1961 .0l
4 ) Lookout = I 954. 1 /
5 ) Basement = I 950.9 I
16024REVISED.SCJ
DATE DESCRIPTION
2-1-16 SEWER AND WATER SERVICES ADDED PER CITY PLANS
J-J-16 REVISED WALK
S-2-16 HOUSE, DRIVEWAY ANO GRADES REVISED
GRONBERG AND
ASSOCIATES , INC.
l---~----------------------1-ilii~rl --JlE----,~~l!-coNSUL TING ENGINEERS, LAND
16-024
SURVEYORS, & SITE PLANNERS
445 NORTH WILLOW DRIVE
LONG LAKE, MN. 55356
952-473-4141
he r eby certify that this pion , specification, or repor t
1wos prepared by me, or under my direct supervision,
and thot I om o duly Licensed Land Surveyor under
the lows of the State of Minnesota.
ark S. Gronber
SCALE
1"=20'
DATE
1-20-16
JOB NO.
16-024
mo
~0
-· C: CT :, ;:;: (")
l> =
,
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I
_,,,/
_,,,,'(
_,,, \ BLACKTOP/; )CJ)................. \/ROADWAY
NT )
~D--I I (950.2)
flJ POWER --------, POLE
~
' ' ' ' ' ' ' ' ' ' ' ', --~
'
I
~ EXISTING '-........_
HOUSE '-
(948.7)
! ~ J.~~~J.
e~l~q / .. ····>-, il r ,----.
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lo~ i . r, 1 1 ■ 1 , "'-. :r (/)
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0 'jf LO / ;s; ,~
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' HOUSE
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58
', #3800
'-........_ (A)
INV=(946.4) \ \ \ \ ••
, \ \:.::~iL\~----r¾~
'' \ !
\~~ Sc9~
~ s~,
"-~O,,
A (9
.s-0 " IA;
'--·<) ' ,y
dso, ', 'q~Oo
0 ' ·----~~"! PREMISES
CASCO HEIGHTS
Jil set in blacktop roadway
on marker found
><isting tree to be removed
i<isting spot elevation, mean sea level datum
·oposed spot elevation, mean sea level datum
,<isting contour line, mean sea level datum
·oposed contour line, mean sea level datum
are based upon an assumed datum.
f)/J, "-sA.Ntr 'A ~ ~Fr cfro/ pftwe:,?.
' :!_ Vo__ ft "-;__"s ·
,~w'
,how the boundaries of the above described property, the
Jarage, to be removed, trees, spot elevations and topography,
)n of a orooosed house. oorch. oatio. drivewav and aradP.R
.. , .. "'"
··1
'-
9
' '
......... ~
' ,, '
', ' ' '
(•"•\
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\
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r.,..,:~ i?.f coa~
9ya·
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0 '
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30" BOl
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_,.':> _./·
PROPOSED ELEV A-
1) Garage = I 955.!
2) Top of founda1
3) First floor = U
City of Orono
Council
Exhibit B
Hardcover Calculation Worksheet
&.:VJ'·.,/'"" tf'.' ~ q ,f .;.:: ;; MAY -· 2 2016
/'""""""'"=~ Stormwater Quality Overlay District Tier: (Circle one) Tier 1 ~ Tier 3 Tier 4 Tier 5
step 2:CeROPOSED HA~DcoVE!!)
In the following table, identify all items of proposed hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are
intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as
necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify
any features by letter which are split at the 75' setback line and calculate hardcover square footage
separate! , for each portion.
Key to Hardcover Item (Describe) Length X Width Total
Survey (Square Feet)
(Examolel _(Gataae) {24'x30') (720S.F.)
A .)./ tJ.t-t r::: ,i t; A f:.. AG'[ /883 S.F.
B Cl)/,/~~(:d rroo,P 29 S.F.
C ;::',11'10 /9#:: S.F.
D /J A ! L E" lt,,,/ / 585 S.F.
E tl/A L[< 231 S.F.
F SritP J:;Jf .t. /Ji.. Ii #V'T'f!I; $ 60 S.F.
G R, ~I.A/A /JA,/(: Uc ,J i,,, t, /7 S.F.
H /I ,,, 2'-7 S.F.
I .,,.,, f'_, _JI /I; S.F.
J S.F.
K "' S.F.
L S.F.
M S.F.
N S.F.
0 S.F.
p S.F.
Q S.F.
R S.F.
s S.F.
T S.F.
u S.F.
V S.F.
w S.F.
X S.F.
y S.F.
z S.F.
(1) Total Prooosed Hardcover 3oo/o S.F.
Excludable Hardcover (See Citv Code Sec 78-1684):
J:' r; J. LI L f$''/' JI hi/; ;it,, C WA,',' dtt;ffl"l/J fe !ff:' O· 7Y' 2,&,N~:. 17+21.ft r~= S6 S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S6 S.F.
(3) Net Prol)OSed Hardcover [Subtract line (2) from line (1)1 2 ?ti>/:/ S.F.
(4) Total Lot Area 12~807 S.F.
Proposed Hardcover Percentage [ (3) + (4)) 2.J .. 30 %
f"rttuc1u..t.1u.., Ct1v,~A-~fi" -A ➔ IJ ::
January~ 2013
[ j; °'~OAA~,
~ ~~-~ RElEO.SE:
---->COAA~a>,M!l(EC,
Council
Exhibit C
CHARLES CUDD CO.
Architectural Design• Build
REVISIONS /ISSUE DATES
OATE: DESCRIPTION: OATE: OESCRl'TIDhl< CASC0°POINT MODEL CHAR.LES CUDD CO.
Architectural Design•Build
15MD2!nl~O::t'!::."1!'•l!~.,~t~otl;,l,ont
CASco"i>olNT MODEL
LOTNo.: -
JO~ No,: 96XX
PROJECT:--
Date Application Received: 01/20/16
Date Application Considered as Complete: 03/03/16
60-Day Review Period Expires: 05/02/16
To:
From:
Date:
Subject:
Chair Leskinen and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planner l'Y)CC
14 March 2016
#16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue
Variances
Public Hearing
Application Summary: The applicant is requesting lot area variance as well as a rear setback
variance in order to develop the property.
Staff Recommendation: Planning Department Staff recommends approval.
List of Exhibits
Exhibit A.
Exhibit 8.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Background
Application
Practical Difficulties Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans and Elevations
Submitted Hardcover Calculations
Memo & Map: 2750 Casco Point Road -by Staff
Aerial Photos -by Staff
Property Owners List
Plat Map
Council
Exhibit D
The applicant is requesting approval of lot area variance and a rear yard setback variance for the
property at 3800 Casco Avenue. This property was recently re-addressed at the request of the
new owner upon the sale of the two properties {which together were originally addressed 2750
Casco Point Road) as separate building sites. The subject property previously contained the
detached garage serving the home on the northern of the two lots at 2750 Casco Point Road. A
permit for a new home was issued in February for the northern lot {2750 Casco Point Road).
The subject property is a corner lot on a curve of Casco Avenue with 12,807 square feet or 0.29
acres in area and 110' in width on the south side abutting the road where 0.50 acre and 100 feet
in width are required. The south side is the narrower frontage, therefore is defined as the
"front" for setback purposes. The rear yard setback variance is requested in order to orient the
front of the proposed home to the northwest, in line with the other homes along Casco Point
Road. They have proposed a front load garage off of the south side of the home.
LOT ANALYSIS WORKSHEET
Section 78-350 -Setbacks:
LR-1C Required
Front (south west) 30'
Rear (north east) 30'
Side Street (west) 15'
Side (south east) 10'
Section 78-350 -Lot Area/Width:
LR-1C Lot Area
Required 21,780 s.f. (0.5 acres)
Actual 12,807 s.f. (0.29 acre)
Section 78-1403-Structural Coverage:
Proposed
30'
10.2'
30'
47'
Lot Width
100'
110'
File #16-3808
14 Mar 16
Page 2 of 5
Please note, the applicant's proposed plans currently result in 17% structural coverage. This
was not the applicant's intent. The applicant will submit a revised plan which conforms to the
15% limitation prior to City Council's review. No structural coverage variance will be requested.
Total Lot Area Total Structural Coverage
12,807 s.f. (0.29 acre) Allowed: 1,921 s.f. (15%)
As Proposed: 2,215 s.f. (17%)
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Overlay District Total Area in Zone Allowed Hardcover Proposed Hardcover
Tier
Tier 2 12,807 s.f. 3,842 s.f. 3,399 s.f.
(30 %) (26.5%)
Applicable Regulations:
Lot Area Variance (Section 78-350)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the
minimum area or width requirements for the respective zoning district. Substandard properties
within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without
variances if specific standards are met; such as:
1. All setback requirements can be met;
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed 25
percent of the entire lot area.
4. All other zoning district standards can be met.
The property is not conforming with respect to lot area, however the applicant's request for a
rear yard setback variance and proposal for 26.5% hardcover results in the property's inability to
File #16-3808
14 Mar 16
Page 3 of 5
conform to #1 and #4 above. Therefore, a lot area variance is required in order to redevelop the
property.
Rear Setback Variance (Section 78-350)
The property is located at the junction of Casco Point Road and Casco Avenue, as it angles
around the property to the south east. The proposed orientation of the home fronting on the
northwest frontage of Casco Avenue keeps the proposed home in line with the neighboring
homes to the north. The setback to the rear ofthe lot (northeast lot line) is proposed at 10.2
feet. This is consistent with the required side yard setback from the property line on the
adjacent lot and allows a more functional "back yard" space behind the home to the east
consistent with the surrounding properties. The applicant has proposed 30 foot setback from
both street frontages; the home is situated to meet the front setback on the south and exceeds
the 15 foot side street requirement on the northwest street frontage.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
l. The variance is in harmony with the general intent and purpose of the Ordinance. The lot
area variance requested is consistent with the general intent of the Ordinance. The
requested rear yard setback variance is in harmony with the Ordinance and will result
in a consistent development pattern between the subject lot and the abutting
neighbors.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction of a single family residence on the Property in a residential zone
are consistent with the Comprehensive Plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The request to permit construction on a
substandard property with portions of the proposed home to be located within
the rear yard setback, yet maintaining a consistent 10' side yard separation,
appears to be reasonable.
b. There are circumstances unique to the property not created by the landowner;
The sub-standard size of the property is not the result of actions by the
File #16-3808
14 Mar 16
Page 4 of 5
applicant. The home on the property will be placed in the same orientation as
the neighboring home to the north with a 10' side setback and "back yard" area
to the rear (east); and
c. The variance will not alter the essential character of the locality. The relatively
minor nature of the lot area variance or the "flipping" of the rear and side yard
setbacks will not alter the character of the neighborhood. It does not appear
that the requested variances will adversely impact the adjacent property
owners. The designation of the south boundary line as the front property line
is not perceptible to the neighborhood, especially while the house is oriented
to the NW, toward the defined street side yard.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The nearly conforming, yet substandard
lot area of the property is not uncommon in the surrounding neighborhood. The
orientation of the proposed home resulting in the rear setback variance will maintain
character of the immediate neighborhood.
5. The conditions do not apply generally to other land or structures in the district in which
the land is located. The property's unique location and configuration on the corner
results in it being a standout in the neighborhood. The variances will allow
conformance with the neighborhood.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The requested variances to allow
redevelopment of the subject property are reasonable and necessary to preserve a
substantial property right of the owner.
7. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. Granting the
requested variances will allow for the character of the neighborhood to be maintained,
will not adversely impact health, safety, comfort, or morals; nor will it be contrary to
the intent of the Code.
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The size of the Property; the corner
lot configuration; orientation of the adjacent homes create practical difficulties
affecting the Property; the variances are necessary and will not merely serve as a
convenience to the applicant.
The Commission may recommend or Council may impose conditions in granting of variances.
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Septic System Status
The property will be served by City sewer.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
File #16-3808
14 Mar 16
Page 5 of 5
Staff finds practical difficulties exist which support granting the lot are and rear setback variances.
Engineer Comments
The City's engineer has reviewed the plans and provided comments which were primarily advisory
or clarifying in nature resulting in few to no required changes to the plan. The engineer will review
the revised plans at the building permit phase.
Public Comments
No public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance{s), if granted, will not alter the
essential character of the neighborhood?
3. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance{s)?
4. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the lot area and rear setback variances as proposed. The
proposed building plans and survey must be revised to conform to the 15% structural coverage
limitation prior to placement on the City Council's agenda for consideration. No structural
coverage variance approval was contemplated.
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
PC ExhibitA
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box66
~e.~}:.;,. ;·••·.· ; ~si:;f.pyi.#; ~ $ .. ·• ··.·., -:-:..rc:":-:--::a-::-::~7.';-,-.,..,.-,-:--,-c-,-::-,,-.,-.,..,...,-:-:c--,--:':=cc:::-1
Crystal Bay, MN 55323-0066 P~nnit Fiie ..
No,tE,s:)(, '. · · ..
Please complete. Applicant will be notified within 15 days as to the status of the application.
Incomplete applications will not be placed on Planning Commission Agendas.
SITE LOCATION: L.df s I car &c..ou'--. ~ ~U> -t\ C(L-1 ~T~ ~oo CmlO Avu,u
APPLICANT/ AGENT INFORMATIO~: \
Applicant Name: l?--\l,.t'-:P~ M.b.,-..>.
Phone (Primary): (p12-• ~b~ · ~"I t,O
Applicant Email: (2-piJ A ~~().t\Li.,~(...AJOO,vOM
Address: \?Oc;D 2. vi,., .
Applicant is: Contractor Homeowner (Circle One)
Cit:
PROPERTY OWNER INFORMATION: I;1 check here if property owner is same as appli ant
Name: C--A <,{...o r-!T \) c.... C..., ·
Phone (Primary): (o ll,-qqJ -qJl]
Mailing Address: City:
Email: +edd hdrott.) @3 l'.Vlrii 1. Cff)m
APPLICANT/AGENT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
ZIP:
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in
review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to
do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the
request regardless of its potential merit.
• Acknowledge tlie Escrow Agreement is completed and signed.
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property
by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this
request.
• Owner and/or Applicant acknowledge they must be ent at all scheduled review meetings of the Planning
Commission and Council. If an applicant and/o wner i unable to attend a scheduled meeting, please make
arrangements to have an authorize resentativ: attend in p ce of the applicant/owner and advise the City Planner
assigned to your project.
Applicant/Agent Signat _____________ Date:
Property Owner Signature:h~ ( ~_Q~ Date: --f--.. I f 26 f uO\ (,0
Property Qwner Signature: _____________ Date:
Variance Application-January 2016
Page2
# 3,808 .. ..
RECEIVED
JAN? 0·2016
,., CITY OF ORONO
PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed
below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you leave
something out it will not be considered.
Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply,
write NI A in the space provided:
1. "Th~ prop~rty ow\er reposes to use the property in a reasonable mariner not permitted by the Zoning Chapter."
. 8v '4 . ' I . ,
2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner."
3. "The variance, if granted, will not alter the essential character of the locality."
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter."
\
5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section
116J.06, Subd. 2, when in harmony with this Chapter."
J I ( A: (V
6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed
under this Chapter for propertx in J;fe zone where the affected person's land is located."
7/
RECEIVED
Variance Application -January 2016
Page4 JAN 2 0 16
# 3808 .. 1:; CITY OF ORONO
7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling." , 1 f\ I I t
\j L
8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately
adjoining property." -n+
d
9. "The conditions do not apply generally to &ther land or structures in the district in which said land is located."
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the ap~te.i~ ~J.;" i.1,,,1,:;
11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other
respect be contrary to the intent of the Zoning Code."
12. 'The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to
alleviate demonstrable difficulty."
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
Variance Application -January 2016
Page5
# 3808
JAN 2 0 2016
CITY OF ORONO
DATE
2-1-16
3-.3-16
HARDCOVER CALCULATION SURVEY FOR
CHARLES CUDD DENOVO
OF LOTS 8 & 9, BLOCK 3, CASCO HEIGHTS
HENNEPIN COUNTY, MINNESOTA
I
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C A S C O
/ / \\ BLACKTOP/;
/ /ROADWAY
~ P/0 ffi T 1
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" POWER
--------------:::-7 POLE I
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(953.9)
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VALVEI ~
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6" MAPLE ~'l/,4.,·MAPLE
Jo•~ifi&[~ /(958.9)
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(949.8,
LEGAL DESCRIPTION OF PREMISES :
Lots 8 and 9, Block 3, CASCO HEIGHTS
18) denotes nail set in blacktop roadway
• denotes iron marker found
(908.3) : denotes existing spot elevation, mean sea level datum
1910.81: denotes proposed spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
---I]@--: denotes proposed contour line, mean sea level datum
Bearings 0hovl/n ore based upon an cssumed datum
This survey intends to show the boundaries of the above described property,
the location of an existing garage, to be removed, trees, spot elevations and
topography, and the proposed location of a proposed house, porch, patio,
driveway and walks, as shown on a pdf file supplied by the client thereon.
It does not purport to show any other improvements or encroachments.
PROPOSED
HOUSE
ex1,;r1t,r. G,1.Rf>.GF.
' -, TO BE REMOVED
-PROPOSED-a
SILT FENCE
DESCRIPTION
SEWER AND WATER SERVICES ADDED PER CITY PLANS
REVISED WALK
GRONBERG AND
ASSOCIATES, INC.
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PROPOSED ELEV /l..TIONS
1) Garage = I 953.0 I
(verify)
2) Top of foundation = I955.D!
3) Basement = 1946.3!
hereby certify that this plan. specification. or report
was prepared by me, or under my direct supervision,
and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota.
""
1----1-----------------------'--,1~11-lt -fl---,J))li!!!!iiif-CONSULTING ENGINEERS, LAND 1-20-16
16-024
SURVEYORS, & SITE PLANNERS
445 NORTH WILLOW ORIVE
LONG LAKE, MN. 55356
952-473-4141
~_/
Mark S. Gronber
0
JOB NO.
16-024
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PLANS
nail set in blacktop roadway
iron marker found
existing spot elevation, mean sea level datum
proposed spot elevation, mean sea level datum
existing contour line, mean sea level datum
proposed contour line, mean sea level datum
Nn are based upon an assumed datum.
PROPOSED
HOUSE
........_ #3800
........_ (A)
' ' ', /" ----'<-. -------' ,,
EXISTING GARAGE
TO BE REMOVED
---PROPOSED -8
SILT FENCE
,:zo'
o show the boundaries of the above described property,
isting garage, to be removed, trees, spot elevations and
xoposed location of a proposed house, porch, patio,
·-~h,__,.,..., '"'"' r, rvH fil.c ~I 1nnlit=>rl h\/ thP rlii=>nt thP.rP.()n.
~~ -~tfo~('' 72f_,,(),,,'r-
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PROPOSED ELEV A TIC
1 ) Garage = l 953.0 I
2) Top of foundatic
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i _______ ,=1_ ______________ _
REVISIONS/ ISSUE DATES Cllent Name
11,1,TE, mscRIPT 11,1,TE, OoSCl!IPflO!t
PC Exhibit D
ARCHITECTS & BCILDERS
1!050:zJnl~::.r..;,~,d~i.!..~pl,-
$; ;;uJ m :z 0 N m 0 < N
== m = Cl
REVISIONS I ISSUE OATES Client Name
MTE: 0€$CR1~ ~re DESCfl!Pll()lt
f 0 ;--o
.d..RCH:ITECTS a; B'CILDERS
j!ll)\ill23oj~:.=i:·,':~~pll-
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== m = 0
REVISIONS I ISSUE DATES
MTE! OEScRl DATE: 0
ARCHITEC':t'S & BCILDERS
Client Name
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b :z:
"'11 f'v
0 C)
~ ~ = z = 0
,,
m
0 m < m
0
REVISIONS/ ISSUE OATES
OESCR!Fll tiA.TE: ESCIUPOOII:
Cl!ent Name
ARCH:ITECTS & BCI:LDEBS
1!i11$11tl,ol~~~di:!: .. ~l~phono
City of Orono
Hardcover Calculation Worksheet ~n f ~,,,. 9"'Btt,f'k J,,, c,reo /lel6'NrJ
Property Address: 3 , a O CA re-() jJ fJ I µ''f" fl.()' ti ( C' llli.Jl',r cl'l,f 11!11)
Prepared by: (? j. 0/v fJ €,i C rJ A .f,f '7C I .!IT(: J' ,1 lt/C., Date: ..1-,?,B ti!([:
Storrnwater Quality Overlay District Tier: (Circle one) Taer 1 ~ Tier 3 Tier 4 Tier 5
step 2~0POSED ~~OVE~
PC Exhibit E
In the following table, identify all items of proposed hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are
intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as
necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify
any features by letter which are split at the 75' setback line and calculate hardcover square footage
separatet , for each portion.
Key to Hardcover Item (Describe} Length X Width Survev
I •• ,_,>,c•.<•,,•.c.' ---··••< ··.·.·•/< ·· .. ··.• \'. .
•(24'x30'l • I<·.
A 1/ tM,t J' f: J IC A ft A. fr€'
B /Jl"JD rt/
C Jf/A,1'10
D A.I fl/~Wlv'f
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F Afir"l"'Atl...11 M6 W4t.,.t,,
G
H
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J
K
L
M
N
0
p
Q
R
s
T
u
V
w
X
y
z
(1} Total Pronosed Hardcover
Excludablt,Hardcover (S.Cttv,Code Sec 78-1684): · . . .. .. , ..
F Ji! ~'I' )J I ii/ i N' C t,t,l,V.,; i11"1'r J' I IJ <% dlff O· ?.f" 2GN~
(2) Total Excludable Hardcover
(3) Net Prooosed Hardcover fSubtract rme (2)from line (1)1
(4) Total Lot Area
Proposed Hardcover Percentage U3J+<4n cu::rcn,cn
January 8, 2013
. ---
MAR O 3 2016
CITY OF ORONO
Total
lSouare Feet)
I·.•. • , ... • .. ···• m20';SJ=.).•
/R9~ S.F.
":;>~~Q S.F.
/0~ S.F.
7·0 8 S.F.
Z8o S.F.
Pfr. S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
-··-S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
-~5"2. 9 S.F.
. ......
J?O S.F.
S.F.
S.F.
S.F.
S.F.
/.10 S.F.
s3"i? S.F.
~1-1Se7 S.F.
2.~.5y %
Melanie Curtis
i, 1 so u.i,C-(} f)t-/2.o{ ~ PC Exhibit F
From: Melanie Curtis
Sent: Tuesday, March 10, 2015 9:42 AM
To:
Subject:
'janemorrison63@gmail.com'; 'janemorrison@century21 luger.com'
2750 Casco Point Road
Attachments: map.pdf; Building Height 2014.pdf; Hardcover Information Packet -2014.pdf; Structural
coverage 2014.pdf; Survey Requirements -March 2014.pdf
See below; please let me know if you have questions.
PIO 20-117-23-24-0019 (Lots 8 & 9 -South Parcel with detached garage)
• Fully assessed for local water
• Fully assessed for local sewer
• Sewer maps indicate one sewer stub at SW corner of Lot 8, very likely in use to serve home on PID 20-117-23-
24-0020
• No water stub established for this lot
PIO 20-117-23-24-0020 (Lots 10 & 11-North Parcel with house)
• Fully assessed for local water
• Fully assessed for local sewer
• Sewer maps indicate no stub installed for this parcel. It appears sewer is connected via stub at SW corner of Lot
8, PID 20-117-23-24-0019
• Water stub established for this lot
Conclusion for PIO 20-117-23-24-0019, if sold separately
• Existing sewer connection across this property to service PID 20-117-23-24-0020 must be abandoned
• There would be additional contractor fees associated with abandoning the existing sewer line
• At the time a new home is proposed:
o There would be no local sewer or water charges
o There would be a Sewer Availability Charge (SAC); the 2015 SAC fee is $2,485.00. This fee is determined
by the Metropolitan Council Environmental Services (MCES), collected by the City and passed on to the
MCES.
o There would be additional contractor fees associated with connecting sewer to new home
o There would be additional contractor fees associated with creating a new water stub to service a new
home
Conclusion for PIO 20-117-23-24-0020, if sold separately
• There would be additional contractor fees associated with establishing a new sewer stub to service this PID
• There would be no local sewer or water charges due
Additionally, the Zoning Requirements are as follows:
The LR-1C zoning district requires a minimum of 21,780 square feet (0.5 acre) in area and 100-feet in width for a
conforming lot. The setbacks for principal structures in LR-lC are as follows:
Sec. 78-350. -Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-lC district shall exceed 2½ stories and shall not exceed 30 feet in height
except as provided in section 78-1366
(b) Lots. The following minimum requirements shall be observed:
1
Code -Nonconforming Lots of Record.
PID 20-117-23-24-0019 (Lots 8 & 9 -South Parcel with detached garage}:
This property has 12,950 square feet (0.3 acre) in area and appears to have 100 feet in width -both according to the
Hennepin County Property records website. A survey will be required to verify lot area and lot width. A lot area variance
may be necessary if all of the zoning setbacks cannot be met. The side street setback will be required from the western
lot line abutting the street. The south western lot line is the narrowest and therefore the "front" for zoning purposes. If
a home can be built meeting all the setbacks, and with a maximum structural coverage of 15% of the lot area and a
maximum of 25% hardcover a lot area variance will not be necessary.
PID 20-117-23-24-0020 (Lots 10 & 11-North Parcel with house}:
This property has 15,591 square feet (0.39 acre) in area and what appears to be ±100-feet in width at the road -again
both according to the Hennepin County website. A lot area variance may be necessary if all of the zoning setbacks
cannot be met. If a home can be built meeting all the setbacks, and with a maximum structural coverage of 15% of the
lot area and a maximum of 25% hardcover a lot area variance will not be necessary.
Because they are existing nonconforming lots, regarding either property, if 25% hardcover cannot be achieved a lot area
variance will be required. If you have questions on this please let me know.
See links and the attached handouts.
Melanie
Melanie Curtis
Direct 952.249.4627
Planning & Zoning Office 952.249.4620
2750 Kelley Parkway, Orono, MN 55356
Email: mcurtis@ci.orono.mn.us
Website: www.ci.orono.mn.us
2
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Legend
Sanitary Structures
■ Air Release MH
Air Release MH • Accurate
• CleanOul
~ Clean Out MH
Curb Stop -Accurate
e DumpMH
Dump MH -Accurate
Flushing Connecbon
ilJ Flushing Connection -Accurate
Grinder Station
0 Isol at ion Valve
,lJ Isolation Valve -Accurate
• Meter M H
e Valve MH
Sanitary Lift Stations
Lttt Station
l§. I Lttt Station -Accurate
Sanitary Manholes
• Manhole
Manhole Accurate
Sanitary Pipe
Gravity
Service
Sanitary Forcemain
Orono Forcema,n
Abandoned Forcemain
2750 Casco
Point Road 0
This dro1w 1n1 1, nt'llhtr a le,ca lly recorded m11p ~•
survt'V o1nd b. not inlc,ndtd to b• U\ed tr~
d~win1 I~ a compll,11,on of r1eo1d\, in_lo~rtb,,1, •nd da1o1
louted m vu1ous c11v. county. and sLt l• offi c•s. and othe,
sou rc•s all ee1Jn1 the are. shown, and Is to be ustd to,
u:ference pu1poses only. The C1 1v of O~~o Is not
""'l.nnn~hl'" fnr .-m, in;o n-urarM",; h.-r.-,n mnt;u!'IM
0
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PC Exhibit G
J>
tD ., -· DI -< -·
.,,
DJ n
-■ :,
U:2
m
DJ u, ,...
RUN DATE: 01/20/2016
38 20-117-23 23 0005
T J & S A JUNGELS ETAL TRUST
2715 CASCO POINT RD
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7730 LOCHMERE TER
EDINA MN 55439
38 20-117-23 23 0006
S R PETERSON & KA PETERSON
2745 CASCO POINT RD
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0009
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23230011
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23230012
CM COLE &J PCOLE
2776 CASCO POINT RD
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0014
LA WREN CED PILLAR
2705 ETHEL A VE
LA WREN CED PILLAR
6827 CARDINAL COVE DR
MOUND MN 55364
38 20-117-23 24 0015
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0016
AMBER M PEIFER
2745 ETHEL AVE
AMBER M PEIFER
2745 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0017
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
OMO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
38 20-117-23 24 0018
DONNA L LILE
2765 ETHEL A VE
DONNALLILE
2765 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0019
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY7
MINNETONKA MN 55345
38 20-117-23 24 0020
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 24 0021
BARBARA J PALMER
2710 CASCO POINT RD
BARBARA J PALMER
2710 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0066
DEAN V GREIMANN
3779 CASCO A VE
DEAN V GREIMANN
3 779 CASCO A VE
WAYZATA MN 55391
38 20-117-23 32 0017
TAMMY L WOODIS/MARC BRICKMAN
2818 CASCO POINT RD
TAMMY L WOODIS
MARC BRICKMAN
2818 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 320021
RUSSELL WYLLIE
3799 CASCO A VE
RUSSELL WYLLIE
3799 CASCO A VE
WAYZATAMN 55391
#3808
PC Exhibit H
RECEIVED
,/AN ? 0 2016
CITY OF ORONO
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENT ATTON OF TNFORMA TTON
DATE:
RS THI D TE ON:: REC~ COUNIT RESIDENT AND REAL ESTAIB SERVICES DEPARTMENT
# 3808 y .... ,, ..
~ECEIVED
JAN ? 0 2016
CllY OF ORONO
H Hennepin County Locate & Notity Map PC Exhibit I
Provided By: Resident and Real Estate Services Department Date: 1/20/2016
(4)
(18)
(16)
Buffer Size: 150 feet
Map Comments:
2750 Casco Point Road
Orono
MN 55391
(6)
(1) (4)
(45)
{10)
(71)
{11)
20-117-23-31
(10)
RECEIVED
,lti.N 2 0 2016
CITY OF ORONO
0 30 60 120 ft
I I I I I I I
For more information contact:
Hennepin County GIS Division
300 6th Street South
Minneapolis, MN 55487
gis.info@hennepin.us
# 3808
ROLL CALL
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m.
Council
Exhibit E
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair Denise Leskinen, Commissioners Bruce Lemke, Chad Olson, Loren Schoenzeit, and John Thiesse.
Representing Staff were Community Development Director Jeremy Barnhart, Senior Planner Michael
Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Council Member Lizz Levang was
present.
Chair Leskinen called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance.
CONSENT AGENDA
*1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 16,
2016
Lemke moved, Schoenzeit seconded, to approve the minutes of the Orono Planning Commission
meeting of February 16, 2016, as submitted. VOTE: Ayes 5, Nays 0.
NEW BUSINESS
2. #16-3808 RICK DENMAN ON BEHALF OF CASCO VENTURES, LLC, 3800 CASCO
AVENUE, VARIANCES, 6:33 P.M. -6:44 P.M.
Rick Denman, Applicant, was present.
Curtis stated the applicant is requesting approval of a lot area variance as well as a rear yard setback
variance. The subject property is a comer lot on a curve of Casco A venue. The lot consists of
approximately three-tenths of an acre where a half-acre is required. The south side is the narrower
frontage and is therefore defined as the "front" for setback purposes. The rear yard setback variance is
requested in order to orient the front of the proposed home to the northwest, in line with the other homes
along Casco Point Road in line with other homes along Casco A venue.
The applicant has proposed a front load garage off of the south side of the home. The house will meet the
30-foot front setback from either side. The house is oriented so the rear setback is to the side yard of the
lot to the northeast. The property is not conforming with respect to lot area. However, the applicant
requests a rear yard setback variance and proposes to use the Tier II permitted hardcover level. This
results in the property's inability to conform to the conditions in the record lot administrative approval of
a substandard lot. The orientation of the home facing the side street keeps the proposed home in line with
the neighboring homes to the north.
The setback to the rear lot line is proposed at 10.2 feet. This setback is consistent with the required yard
setback from the property line on the adjacent lot and allows a more functional back yard space behind
the home to the east, which is consistent with the surrounding properties.
As noted in Staffs memo, the proposed plan results in 17 percent structural coverage where 15 percent is
allowed. This was unintentional and the applicant will submit a revised plan conforming to the 15 percent
structural coverage prior to the City Council's review. No structural coverage variance is being
requested.
Page 1 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m.
Staff provided an analysis of the practical difficulty criteria in the memo and the Commission may choose
to review individual conditions if necessary. Staff finds practical difficulties exist which support granting
the lot area and rear setback variances.
Planning Staff recommends approval of the lot area and rear setback variances as proposed with the
condition that the applicant provide the revised plan prior to appearing before the City Council.
The Planning Commissioners had no questions for Staff.
Rick Denman, Applicant, stated they would like to construct a new home on the property. The home to
the northeast of this lot is under construction currently. If the home was not situated on the property as
proposed, it would result in a back yard being right up next to the home that is being constructed to the
northeast. Denman stated in his view it makes a lot of sense to ask for the variance to make the lot more
usable.
Thiesse asked if the owners of the lot to the north are present tonight.
Denman stated they are not.
Chair Leskinen opened the public hearing at 6:37 p.m.
Dean Greimann, 3779 Casco Avenue, asked if the house is going to be facing Casco Avenue or Casco
Point.
Curtis indicated the front porch of the house will face the west. Curtis indicated it is Casco A venue in
both directions as it goes around but it is essentially Casco Point.
Greimann stated there seems to be a considerable knoll right now on Casco A venue as you round and
coming off of Casco Point Road to where the line of sight is very limited. Given the construction traffic
and parking, that knoll will present some visibility issues. The road is also narrow.
Greimann stated he does not know what the proposed elevation will be, but that the house that is being
constructed right now appears to be higher than this house. In addition, the lot that the applicant is
proposing to build on now is much lower than the existing new structure that will be constructed.
Greimann asked if considerable fill will be hauled in and whether there will be runoff onto his property.
Greimann noted he currently has runoff onto his property from this property and that he has noticed some
sediment runoff already even with little rain. Greimann stated his main concern is the safety at the corner,
especially if a berm is constructed and more fill brought in.
Chair Leskinen closed the public hearing at 6:39 p.m.
Denman stated they have not actually set the height of the home at this point in time but they will need to
meet all the codes in terms of the driveway elevation and so forth. Denman stated the garage will be a
side load garage, which will alleviate some of the safety issues. In terms of the height of the home, the
new home that is being built is pretty close to the home that was removed. Denman indicated they will be
setting the grades in the future when they apply for the permit.
Page 2 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m.
Leskinen noted what is before the Planning Commission tonight is a lot area variance and a rear setback
variance and that she is not sure the Commission can address the issue with the building height and
driveway grade.
Curtis stated she will discuss Mr. Greimann's comments with the City Engineer to make sure his concerns
are addressed.
Leskinen stated as it relates to the rear yard setback and the way the house is proposed to be on the lot, it
makes sense given the location and the type of lot it is. Leskinen stated in her view the practical difficulty
criteria have been met to grant the variance.
Lemke commented he does not see a problem with the application.
Thiesse stated he also does not see a problem but that this is a clean slate and the house could be adjusted.
Schoenzeit stated even though the survey is showing some of the potential grade, at this time the applicant
is telling the Commission that that is not his plan.
Thiesse noted the survey has elevations on it.
Schoenzeit asked what the applicant meant when he said the grade is not set.
Denman indicated they have to meet a minimum floor elevation no matter what. The house will be a two-
story with a full basement and that he did not think they would have to discuss the elevation tonight and
did not bring those numbers. Denman stated they are attempting to set the house on the lot to provide the
best back yard given the house next door, and if the house were to be turned, Denman stated he is not sure
they can fit the house on there.
Thiesse noted the driveway is set as far away from the curve as possible, which should help with the
sightlines. Thiesse stated he is happy with the design and believes it is reasonable.
Lemke moved, Olson seconded, to recommend approval of Application No. 16-3808, Rick Denman
on behalf of Casco Ventures, LLC, 3800 Casco Avenue, granting of a lot area variance and a rear
setback variance, subject to Staff recommendations. VOTE: Ayes 5, Nays 0.
3. #16-3811 JAMISON KOHOUT/LANDSOURCE, LLC, 3438 LYRIC AVENUE,
VARIANCES, 6:44 P.M. -6:57 P.M.
Jamison Kohout, Landsource, LLC, was present.
Gaffron stated the applicant is requesting lot area and lot width variances in order to construct a new
residence to replace the existing residence on the property. This lot would qualify for buildability without
area and width variances under the Shoreland regulations. However, a qualifier for taking advantage of
that is a hardcover limitation of 25 percent. This property is in Tier 3, which normally allows 35 percent
hardcover. In order to be able to exceed 25 percent up to the 35 percent limit, the lot area and width
variances are required.
Page 3 of 21
3 May 2016
Rick Denman via Email
Charles Cudd LLC
15050 23 rd Ave N
Plymouth, MN 55478
CITY OF ORONO
Street Address:
2750 Ke ll ey Parkway
O ro no, MN 553 56
Ma ilin g Addres s: I
P.O . Box 66
Crysta l Bay, MN 55323
Te le ph one (952) 249-4600
Fax (9 52) 249-4616
www.ci.o ro no.mn.us
SUBJECT : Zoning Application #16-3808
On March 3, 2106 your variance application for the property at 3800 Casco Avenue was considered to be
complete. Your application was before the Planning Commission on their March agenda and is planned for
review by the City Council on Monday, May 9th . The City is extending the time period for City action on
application #16-3808 under Minn. Stat.§ 15.99, subd . 3(f). Please note the time period for action on this
application is hereby extended until July 1, 2016.
Your app l ication is still schedu led to be before the Council for their review this Monday, May 9th . Please
contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. The City Council
agenda and staff report will be mailed/emailed to you at the end of this week.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
copies via Email : . Todd Holmers
NOTICE OF PLANNING COMMISSION ACTION
CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4620
TO: Rick Denman
15050 23 rd Ave N
Plymouth, MN 55447
TYPE OF REQUEST: Variances
DATE OF MEETING: 21 March 2016
COPIES
via
Email:
ZONING FILE:
DATE OF
NOTICE:
Rick Denman
Todd Holmers
16-3808
22 March 2016
The Orono Planning Commission voted on a motion to recommend approval of the lot area and rear
yard setback variances. The applicant was directed to revise the house plans to conform to the 15%
structural coverage limitation prior to placement on the Council's agenda.
VOTE: 5 FOR 0 AGAINST
Applicant's next meeting is tentatively scheduled Monday, April 11, 2016
as:
This is a City Council meeting. The meeting begins at 7 PM
Submittal of revised plans conforming to the 15% structural coverage limitation should be
coordinated with the finalization of the foundation elevation of the proposed home. Revised plans
should be submitted by no later than March 1, 2016 for placement on the April 11th agenda.
If you desire certified copies of the official Planning Commission minutes, they are available from the
City Clerk after review and approval by the Planning Commission. If you have questions, please
contact Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627.
MINUTES OF THE
ORONO E:CANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m. •
ROLLCALL 7
lanning Commission met on the above-mentioned date with the follo<ing members present:
Chair Denise · en, Commissioners Bruce Lemke, Chad Olson, Lore~Sclio enzeit, and John Thiesse .
Representing Staff Community Development Director Jeremy Barnhart, Senior Planner Michael
Gaffron, City Planner Me ·e Curtis , and Recorder Jackie Young ·Council Member Lizz Levang was
present. /'
,,/ _,,....
Chair Leskinen called the meeting to order 6:30 p -.-111., followed by the Pledge of Allegiance .
CONSENT AGENDA
*1. APPROVAL OF PL~OMMISSION MEET
2016 ·--7
Lemke moved, Sc~eit seconded, to approve the minutes of the Orono Planning
meeting of Febfuary 16, 2016, as submitted. VOTE: Ayes 5, Nays 0.
~ESS
2. #16-3808 RICK DENMAN ON BEHALE.DF CASCO VENTURES, LLC, 3800 CASCO
A VENUE, VARIANCES, 6:33 P.M. -6:44J>.M.
Rick Denman, Applicant, was present.
Curtis stated the applicant is requesting approval of a lot area variance as well as a rear yard setback
variance. The subject property is a comer lot on a curve of Casco Avenue. The lot consists of
approximately three-tenths of an acre where a half-acre is required. The south side is the narrower
frontage and is therefore defined as the "front" for setback purposes. The rear yard setback variance is
requested in order to orient the front of the proposed home to the northwest, in line with the other homes
along Casco Point Road in line with other homes along Casco A venue .
The applicant has proposed a front load garage off of the south side of the home. The house will meet the
30-foot front setback from either side. The house is oriented so the rear setback is to the side yard of the
lot to the northeast. The property is not conforming with respect to lot area. However, the applicant
requests a rear yard setback variance and proposes to use the Tier II permitted hardcover level. This
results in the property 's inability to conform to the conditions in the record lot administrative approv al of
a substandard lot. The orientation of the home facing the side street keeps the proposed home in line with
the neighboring homes to the north.
The setback to the rear lot line is proposed at 10.2 feet. This setback is consistent with the required yard
setback from the property line on the adjacent lot and allows a more functional back yard space behind
the home to the east, which is consistent with the surrounding properties .
As noted in Staffs memo , the proposed plan results in 17 percent structural coverage where 15 percent is
allowed. This was unintentional and the applicant will submit a revised plan conforming to the 15 percent
structural coverage prior to the City Council 's rev iew. No structural cov erage variance is being
requested.
Page 1 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m.
Staff provided an analysis of the practical difficulty criteria in the memo and the Commission may choose
to review individual conditions if necessary. Staff finds practical difficulties exist which support granting
the lot area and rear setback variances.
Planning Staff recommends approval of the lot area and rear setback variances as proposed with the
condition that the applicant provide the revised plan prior to appearing before the City Council.
The Planning Commissioners had no questions for Staff.
Rick Denman, Applicant, stated they would like to construct a new home on the property. The home to
the northeast of this lot is under construction currently. If the home was not situated on the property as
proposed, it would result in a back yard being right up next to the home that is being constructed to the
northeast. Denman stated in his view it makes a lot of sense to ask for the variance to make the lot more
usable.
Thiesse asked if the owners of the lot to the north are present tonight.
Denman stated they are not.
Chair Leskinen opened the public hearing at 6:37 p.m.
Dean Greimann, 3779 Casco Avenue, asked if the house is going to be facing Casco Avenue or Casco
Point.
Curtis indicated the front porch of the house will face the west. Curtis indicated it is Casco A venue in
both directions as it goes around but it is essentially Casco Point.
Greimann stated there seems to be a considerable knoll right now on Casco A venue as you round and
coming off of Casco Point Road to where the line of sight is very limited. Given the construction traffic
and parking, that knoll will present some visibility issues. The road is also narrow.
Greimann stated he does not know what the proposed elevation will be, but that the house that is being
constructed right now appears to be higher than this house. In addition, the lot that the applicant is
proposing to build on now is much lower than the existing new structure that will be constructed.
Greimann asked if considerable fill will be hauled in and whether there will be runoff onto his property.
Greimann noted he currently has runoff onto his property from this property and that he has noticed some
sediment runoff already even with little rain. Greimann stated his main concern is the safety at the corner,
especially if a berm is constructed and more fill brought in.
Chair Leskinen closed the public hearing at 6:39 p.m.
Denman stated they have not actually set the height of the home at this point in time but they will need to
meet all the codes in terms of the driveway elevation and so forth. Denman stated the garage will be a
side load garage, which will alleviate some of the safety issues. In terms of the height of the home, the
new home that is being built is pretty close to the home that was removed. Denman indicated they will be
setting the grades in the future when they apply for the permit.
Page 2 of 21
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 21, 2016
6:30 o'clock p.m.
Leskinen noted what is before the Planning Commission tonight is a lot area variance and a rear setback
variance and that she is not sure the Commission can address the issue with the building height and
driveway grade.
Curtis stated she will discuss Mr. Greimann's comments with the City Engineer to make sure his concerns
are addressed.
Leskinen stated as it relates to the rear yard setback and the way the house is proposed to be on the lot, it
makes sense given the location and the type of lot it is. Leskinen stated in her view the practical difficulty
criteria have been met to grant the variance.
Lemke commented he does not see a problem with the application.
Thiesse stated he also does not see a problem but that this is a clean slate and the house could be adjusted.
Schoenzeit stated even though the survey is showing some of the potential grade, at this time the applicant
is telling the Commission that that is not his plan.
Thiesse noted the survey has elevations on it.
Schoenzeit asked what the applicant meant when he said the grade is not set.
Denman indicated they have to meet a minimum floor elevation no matter what. The house will be a two-
story with a full basement and that he did not think they would have to discuss the elevation tonight and
did not bring those numbers. Denman stated they are attempting to set the house on the lot to provide the
best back yard given the house next door, and if the house were to be turned, Denman stated he is not sure
they can fit the house on there.
Thiesse noted the driveway is set as far away from the curve as possible, which should help with the
sightlines. Thiesse stated he is happy with the design and believes it is reasonable.
Lemke moved, Olson seconded, to recommend approval of Application No. 16-3808, Rick Denman
on behalf of Casco Ventures, LLC, 3800 Casco A venue, granting of a lot area variance and a rear
setback variance, subject to Staff recommendations. VOTE: Ayes 5, Nays 0.
#16-3811 JAMISON KOHOUT/LANDSOURCE, LLC, 3438 LYRIC A VE
TI>-.~-.,Tr,,ES, 6:44 P.M. -6:57 P.M.
Jamison Kohout, Landso J;,c, was present. -
·~ /
-,~ .• ;:?'
Gaffron stated the applicant is requesting lof1tt;ea.~nd lot 'Ytdth'variances in order to construct a new
residence to replace the existing residence on the propm0his lot would qualify for buildability without
area and width variances under the Shoreland regulations. How~~a qualifier for taking advantage of
that is a hardcover limitation of 25 perc~nu This property is in Tier fwtri~rmally allows 35 percent
hardcover. In order to be able to exceed 25 percent up to the 35 percent limit, ttie'1m,,a,(ea and width
variances are required. .•.• ~
Page 3 of 21
Subject: #16-3808, Rick Denman o/b/o Casco Ventures LLC, 3800 Casco Avenue
The applicant is requesting approval of lot area variance and a rear yard setback variance for the
property at 3800 Casco Avenue. It is a corner lot on a curve of Casco Avenue approximately 0.3
of an acre in area where½ acre is required. The south is the narrower frontage, therefore is
defined as the "front" for setback purposes. The rear yard setback variance is requested in
order to orient the front of the proposed home to the side street, in line with the other homes
along Casco Point Road. They have proposed a garage to load off of the defined front.
The property is not conforming with respect to lot area, however the applicant's request for a
rear yard setback variance and proposal for a Tier 2 permitted hardcover level results in the
property's inability to conform to the conditions in the Record Lot administrative approval.
The orientation of the home with the front facing the side street, or the northwest frontage of
Casco Avenue keeps the proposed home in line with the neighboring homes to the north. The
setback to the rear lot line is proposed at 10.2 feet. This setback is consistent with the required
side yard setback from the property line on the adjacent lot and allows a more functional "back
yard" space behind the home to the east which is consistent with the surrounding properties.
As noted in the memo, the proposed plans result in 17% structural coverage where 15% is
allowed. This was unintentional and the applicant will submit a revised plan conforming to the
15% limitation prior to City Council's review. No structural coverage variance is requested.
Staff provided an analysis of the practical difficulty criteria in the staff report. The commission
may choose to review individual conditions if necessary. And in closing, Staff recommends
approval of the lot area variance and rear setback variances as proposed. Prior to placement on
the City Council's agenda the proposed building plans and survey must be revised to conform to
the 15% structural coverage limitation.
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
The Laker, The Pioneer
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §33 lA.02.
(B) This Public Notice was printed and pub-
lished in sa id newspaper(s) once each
week , for 2 successive week(s); the first
insertion b eing on 03/05/2016 and the last
insertion being on 03/05/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (I) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the noti ce are located ,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 03/05/2016 by Charlene Vold.
~cvJkµ fv\ MO>f_~j~
Notary Public
Rate Information:
(I) Lowest classified rate paid by commercia l users
for comparable space:
$15.00 per column inch
Ad ID 516456
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone(952)249-4600
Fax (952) 249-4616
NOTICE
The Orono Planning Commis-
sion will hold a public hearing in the
Orono Council Chambers at 2780
Kelley Parkway on March 21, 2016 ,
beginning at 6:30 p.m. on the matter
of reviewing the following land use
applications:
16-3808 Rick Denman on behalf
of Casco Ventures , LLC, 3800 Cas-
co Avenue, LR-1 C zoning district,
requests lot area , lot width, front
and rear setback variances in order
to redevelop the property.
16-3811 Landsource, LLC , 3438
Lyric Avenue, requests lot area and
lot width variances in order to rede-
velop a property 6,7 15 square feet
in area and 50 feet in width where
21,780 square feet in area and 100
feet in width are required.
16-3812 Greg Reitan & Sally
Neubauer, 925 Brown Road North,
request approval of an average
lakeshore setback variance in or-
der to construct an addition on the
street side of the existing home
lakeward of the average lakeshore
setback line.
16-3813 Dale Gustafson on be-
half of Matt Burns , 1180 Loma Linda
Avenue, requests hardcover and
setback variances to permit con-
struction of retaining walls within ·
75-feet of the OHWL of Lake Min-
netonka.
16-3814Alexa nder Design Group
on behalf of Peter & Melissa San-
trach, 1700 Sohns Point Road, re-
quests hardcover, lot area, and av-
erage lakeshore setback variances
in order to redevelop a property
0.62 acre in area where 1.0 acre is
required, partially lakeward of the
average lakeshore setback line, and
with 27% hardcover where 25% is
permitted.
16-3816 City of Orono, Zoning
Code Amendment regarding the
placement of docks for public safe-
ty purposes in the City.
16-3817 City of Orono , Zoning
Code Amendment regarding the
definition of Existing Grade.
15-3784 City of Orono, Zoning
Code Amendment regarding light-
ing regulations for all land uses in-
cluding Residential , Commercial ,
and Industrial.
All persons wishing to be heard
are encouraged to attend these
meetings. This is not a final agenda
and is subject to change prior to
the hearings. Written comm ents are
accepted and should be submitted
to the City of Orono by March 15,
2016 if possible. Interested persons
may review the applications and
proposed ordinance language at
City offices or by visiting the City's
Website at www.ci.orono.mn.us. For
an appointment, please call (952)
249-4620.
City of Orono
By: Planning Commission
Jeremy Barnhart,
Community Development Director
To be published in The Laker &
The Pioneer Newspapers on March
5, 2016.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
3/5/16, 3LK, 3TP,
March 21 Public Hearing , 516456
RETURN SERVICE REQUESTED
#16-3808
RECEIVED
38 20-117-23-24 0017 · ~-8 2016
~;;~~~;~~~~riseCi~ ORONO
RETt,!rtN TO SENt\lER
V,AC~N T
UNABLE TD FORNARO
RETURN SERVICE REQUESt~
~c~\'l
#16-3808
~ . 1.~\u
t.i \) ~ ~ o~O
ofO~ c~
38 20-117-23 23 0006
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
RETURN SERVICE REQUESTED
#16-3808
MAR 1 Q ?Oiu
CITY OF ORONO 38 20-117-23 23 0006
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN ,;qo1
T 3 N l A15I2203/8B/16
SENDER
TEMPORARILY AWAY
RET\.:lfiUiij TO SENDER
BC: 553231:;106666 *Z?78-iHi769-0:S-40
I Ii l ! 11 ! I! 1 I j ! 1 l 11 I Ill! 111, ! ! l ! I i I I! i l I l I I I I! 1 i l i j Ii! 11 \ l ~ 1 \ 1 ! ll I
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #16-3808 as mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 8th day of March,
2016.
~Im~~ MoniAFadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on March 21, 2016, beginning at 6:30 p.m. on the matter of reviewing the following
land use applications:
16-3808
16-3811
16-3812
16-3813
16-3814
16-3816
16-3817
15-3784
Rick Denman on behalf of Casco Ventures, LLC, 3800 Casco Avenue, LR-1C zoning
district, requests lot area, lot width , front and rear setback variances in order to redevelop
the property.
Landsource, LLC, 3438 Lyric Avenue, requests lot area and lot width variances in order to
redevelop a property 6,715 square feet in area and 50 feet in width where 21,780 square
feet in area and 100 feet in width are required.
Greg Reitan & Sally Neubauer, 925 Brown Road North, request approval of an average
lakeshore setback variance in order to construct an addition on the street side of the existing
home lakeward of the average lakeshore setback line.
Dale Gustafson on behalf of Matt Burns, 1180 Loma Linda Avenue, requests hardcover
and setback variances to permit construction of retaining walls within 75-feet of the OHWL
of Lake Minnetonka.
Alexander Design Group on behalf of Peter & Melissa Santrach, 1700 Bohns Point Road,
requests hardcover, lot area, and average lakeshore setback variances in order to
redevelop a property 0.62 acre in area where 1.0 acre is required, partially lakeward of the
average lakeshore setback line, and with 27% hardcover where 25% is permitted.
City of Orono, Zoning Code Amendment regarding the placement of docks for public safety
purposes in the City.
City of Orono, Zoning Code Amendment regarding the definition of Existing Grade.
City of Orono, Zoning Code Amendment regarding lighting regulations for all land uses
including Residential, Commercial, and Industrial.
All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and
is subject to change prior to the hearings. Written comments are accepted and should be submitted to
the City of Orono by March 15, 2016 if possible. Interested persons may review the applications and
proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For
an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
To be published in The Laker & The Pioneer Newspapers on March 5, 2016.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 01/20/2016
38 20-117-23 23 0005
T J & SA JUNGELS ETAL TRUST
27 I 5 CASCO POINT RD
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7730 LOCHMERE TER
EDINA MN 55439
38 20-117-23 23 0006
S R PETERSON & K A PETERSON
2745 CASCO POINT RD
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0009
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 001 I
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0012
CM COLE &J PCOLE
2776 CASCO POINT RD
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 24 0014
LAWRENCE D PILLAR
2705 ETHEL A VE
LAWRENCE D PILLAR
6827 CARDINAL COVE DR
MOUND MN 55364
38 20-117-23 24 0015
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
WAYZATA MN 55391
38 20-117-23 24 0016
AMBER M PEIFER
27 45 ETHEL A VE
AMBER M PEIFER
2745 ETHEL A VE
WAYZATA MN 55391
38 20-117-23 24 0017
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
OMO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)
38 20-117-23 24 0018
DONNA L LILE
2765 ETHEL A VE
DONNA L LILE
2765 ETHEL A VE
WAYZATA MN 55391
38 20-117-23 240019
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 24 0020
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 24 0021
BARBARA J PALMER
2710 CASCO POINT RD
BARBARA J PALMER
2710 CASCO POINT RD
WAYZATA MN 55391
38 20-1 I 7-23 3 I 0066
DEAN V GREIMANN
3779 CASCO A VE
DEAN V GREIMANN
3779 CASCO A VE
WAYZATA MN 55391
38 20-117-23 32 0017
TAMMY L WOODIS/MARC BRICKMAN
28 I 8 CASCO POINT RD
TAMMY L WOODIS
MARC BRICKMAN
28 I 8 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 32 0021
RUSSELL WYLLIE
3799 CASCO A VE
RUSSELL WYLLIE
3799 CASCO A VE
WAYZATAMN 55391
PAGE: l
,JAN ? 0 2016
C!lYOFORONO
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
PIN COUNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT.
·11-•'.
,:, .. JAN ? 0 2016
OFORONO
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #16-3808 as mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 2 nd day of
February, 2016.
w~.a-~
Monica A. Fadness
' .
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on TUESDAY, February 16, 2016, beginning at 6:30 p.m . on the matter of
reviewing the following land use applications and vacation requests:
15-3759 -
15-3784
16-3805
16-3806
16-3807
16-3808
16-3809
16-3810
City of Orono Amend City Code regarding short-term (vacation) rental regulations.
City of Orono Amend City Code regarding lighting regulations.
John Adams on behalf of North Shore Meadows LLC, 2455 North Shore Drive, LR-1A
zoning district, requests a variance to the back lot setback and lot area standards to allow
construction of additions to and future replacement in kind of the existing residence
structure.
Pillar Homes on behalf of Mike Ladd & Carol Stainbrook , 660 Tonkawa Road, LR-1 B
zoning district, requests lot area, lot width and average lakeshore setback variances in
conjunction with the construction of a new residence.
Estate Development Corporation on behalf of Scott Frederiksen, 425 & 595 Old Crystal
Bay Road North and PIO 33-118-23-24-0002, RR-1 B zoning district, requests approval of
rezoning to Residential Planned Unit Development and preliminary plat approval for a 39-
unit single-family residential development on this 17 .1-acre site of which 3.1 acres is
wetland. The application includes amendment of the Orono Comprehensive Plan regarding
development density, and includes filling and mitigation of delineated wetlands .
Rick Denman on behalf of Casco Ventures, LLC, 3800 Casco Avenue, LR-1 C zoning
district, requests lot area, lot width, front and rear setback variances in order to redevelop
the property.
City of Orono Amend City Code regarding the setback of accessory structures.
City of Orono Amend City Code regarding the public notice requirements associated with
public hearings.
All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and
is subject to change prior to the hearings. Written comments are accepted and should be submitted to
the City of Orono by February 9, 2016 if possible . Interested persons may review the applications and
proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono .mn.us. For
an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
To be published in The Laker & The Pioneer Newspapers on January 30, 2016.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 01/20/2016
38 20-117-23 23 0005
T J & SA JUNGELS ETAL TRUST
2715 CASCO POINT RD
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7730 LOCH MERE TER
EDINA MN 55439
38 20-117-23 23 0006
S R PETERSON & K A PETERSON
2745 CASCO POINT RD
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0009
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0011
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0012
CM COLE & J PCOLE
2776 CASCO POINT RD
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 24 0014
LA WREN CED PILLAR
2705 ETHEL A VE
LAWRENCE D PILLAR
6827 CARDINAL COVE DR
MOUND MN 55364
38 20-117-23 24 0015
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
J C SWENSON & M J FIEDLER
2725 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0016
AMBER M PEIFER
2745 ETHEL A VE
AMBER M PEIFER
2745 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 240017
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
EVERLAST ENTERPRISES INC
2755 ETHEL A VE
OMO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS UST)
38 20-117-23 24 0018
DONNA LULE
2765 ETHEL A VE
DONNA LULE
2765 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 240019
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 240020
CASCO VENTURES LLC
2750 CASCO POINT RD
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23240021
BARBARA J PALMER
2710 CASCO POINT RD
BARBARA J PALMER
2710 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 31 0066
DEAN V GREIMANN
3779 CASCO A VE
DEAN V GREIMANN
3779 CASCO A VE
WAYZATA MN 55391
38 20-117-23 32 00 I 7
TAMMY L WOODIS/MARC BRICKMAN
28 I 8 CASCO POINT RD
TAMMY L WOODIS
MARC BRICKMAN
2818 CASCO POINT RD
WAYZATA MN 55391
38 20-II 7-23 32 002 l
RUSSELL WYLLIE
3799 CASCO A VE
RUSSELL WYLLIE
3799 CASCO A VE
WAYZATA MN 55391
PAGE: I
RECEuVED
tlAN ? 0 2016
cnYOFORONO
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
AS IT APPElRs rnr\_ D= ON THE REC D o PIN couNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT.
DATE: '\ ?J) 11~ BY: --...,__;=.,_,i..~'4'-' ........ -----------! I
·c,.-
d .,·
RE:CErvED
JAN ? 0 2016
OFORONO
AFFIDAVIT OF PUBLICATIOr~
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
Charlene Vold being dul y sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as :
The Laker, The Pioneer
with the known office of issue being loc ated
in the county of:
CA RVER
with additional circulation in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below :
(A) The newspaper has complied with a ll of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn . Stat. §33 lA.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 2 successive week(s); the first
insertio n being on 01/30/2016 and the last
insertion being on O 1/30/20 16 .
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580 .033
relating · ·to· the publication of mortgage
foreclosure notices: The newspaper compli es
with the co nditions des cribed in §58 0.033 ,
subd. 1, clause (1) or (2). If the newspaper's
known office of iss ue is located in a county
adjoining the co unty where the mortgaged
premises or some part of the mortgaged
premi ses described in the notice are locate d ,
a substantia l portion of the newspaper's
circulation is in the latter county.
By :
Designated Agent
Subscribed and sworn to or affirmed before
me on O 1/30/2016 by C h arlene Vo ld .
i)~ k M01,~~
Notary Public
Rate Information :
(1) Lowest classified rate paid by commerci al users
for comparabl e space:
$15 .00 per column inch
Ad ID 503039
CITY OF ORONO
2750 Kelley Parkway,
P.O. Box66
Crystal Bay, MN 55323
Phone(952)249-4600
Fax (952) 249-4616
NOTICE
The Orono Planning Commission
will hold a public hearing in the Oro-
no Council Chambers at 2780 Kel-
ley Parkway on TUESDAY, February
16, 2016, beginning at 6 :30 p.m. on
the matter of reviewing the following
land use applications and vacation
requests :
15-3759 City of Orono Amend
City Code regarding short-term (va-
cation) rental regulations .
15-3784 City of Orono Amend
C ity Code regarding lighting regula-
tions.
16-3805 John Adams on behalf
of North Shore Meadows LLC , 2455
North Shore Drive, LR-1A zoning
district, requests a variance to the
back lot setback and lot area stan-
dards to allow construction of ad-
ditions to and future replacement
in kind of the existing residence
structure.
16-3806 Pillar Homes on behalf
of Mike Ladd & Carol Stainbrook,
660 Tonkawa Road, LR-1B zoning
district, requests lot area , lot width
and average lakeshore setback vari-
ances in conjunction with the con-
struction of a new residence .
16-3807 Estate Development ·
Corporation on behalf of Scott
Frederiksen , 425 & 595 Old Crystal
Bay Road North and PIO 33-118-
23-24-0002, RR-1 B zoning district,
requests approval of rezoning to
Residential Planned Un it Develop-
ment and preliminary plat approval
for a 39-unit single-family residentia l
development on this 17.1-acre site
of which 3.1 acres is wetland. The
application includes amendment of
the Orono Compreh ensive Plan re-
garding development density, and
includes filling and mitigation of de-
lineated wetlands.
16-3808 Rick Denman on behalf
of Casco Ventures, LLC, 3800 Cas-
co Avenue , LR-1C zon ing distri ct,
requests lot area , lot width, front
and rear setback variances in order
to redevelop the property.
16-3809 City of Orono Amend
City Code regarding th e setback of
accessory structures.
16-3810 City of Orono Amend
City Code regarding the public no-
tice requirements associated with
public hearings.
All persons w ishing to be heard
are encouraged to attend these
meetings. This is not a final ag enda
and is subject to change prior to
the hearings. Written comments are
accepted and should be submitted
to the City of Orono by February 9,
2016 if possible. Interested persons
may review the applications and
proposed ordinance language at
City offices or by visiting the City's
Website at www.ci.orono .mn.us .
For an appointment, please call
(952) 249-4620.
City of Orono
By: Planning Commission
Jeremy Barnhart, Community
Development Director
To be published in , ne Laker & The
Pioneer Newspapers on January 30,
2016 .
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
1/30/16, 3LK, 3TP, Feb 16 2016
Public Hearing, 503039
25 January 2016
Rick Denman
15050 23 rd Ave N
Plymouth, MN 55447
REQUEST FOR FURTHER INFORMATION
CITY OF ORONO
Street Address: I Mailing Address: I Telephone (952) 249-4600
2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616
Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us
SUBJECT: Zoning Application #16-3808
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for variances for property located at 3800 Casco Avenue (Lots 8 & 9, Block 3, Casco
Heights). Below is a list of items the City of Orono is requesting to complete our review:
1) Certificate of Survey. Two (2) original scaled copies of the updated certificate of survey, as well
as a reduced (ll"x17" or smaller), or digital copy meeting the City's (enclosed) survey requirements
2) Hardcover Calculations. All proposed hardcover shall be calculated on the hardcover worksheets
that are enclosed. The hardcover calculations must be completed by your surveyor.
3) Escrow Agreement. If you haven't done so already, please have the property owner complete the
enclosed escrow agreement and submit.
Application #16-3808 is incomplete. If you wish to proceed with your application please submit the items
requested above by Monday, February 1st in order to remain on the February 16th Planning
Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.usshould you
have any questions.
Melanie Curtis
Planner
encl
copies: Todd Holmers, via email
Christine Mattson
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Morning Rick,
Christine Mattson
Friday, January 22, 2016 8:42 AM
'rdenman@charlescudd.com'
Todd Holmers; Melanie Curtis
Escrow Agreement -Land Use Application 16-3808 I 3800 Casco Avenue
Escrow Agreement -Land Use Application 16-3808.pdf
Attached is an updated escrow agreement for the variance request for Lots 8 & 9, Block 3, Casco Heights. We have
assigned the address of 3800 Casco Avenue to this property. Please reference this address for future documents
pertaining to this application.
Please have Todd to sign the attached updated escrow agreement and return a copy to us at your earliest convenience.
Also, please note, while we acknowledge receipt of the $2,500 escrow paid by Charles Cudd, per the escrow agreement,
the escrow funds are refunded to the property owner.
If you have any questions, please don't hesitate to contact me.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN I 55356 (physical address)
PO Box 66 I Crystal Bay I MN I 55323-0066 (mailing address)
it 952.249.4620 I ~ 952.249.4616
~ cmattson@ci.orono.mn.us I '1El www.ci.orono.mn.us
Office Hours: Monday -Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Monday, February 15, 2016
1
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
i1~!;:~a)'1{~11~,.r~~~·~~····· · .. ·
P .O. Box66
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Crystal Bay, MN 55323-0066 Pennitf!3_13 . · ·. ·
Notes::\\:.:_, .. '., ., -. -..• ~ ....
Please complete . Applicant will be notified within 15 days as to the status of the application.
Incomplete applications will not be placed on Planning Commission Agendas.
SITE LOCATION: t....or s/~ &w~ ~ l,1>6u; -t\E,t"' \-\TS:> ~00 Qtsco /tVU1U!,
APPLICANT/ AGENT INFORMATION: \
Applicant Name: ll\l-1'-:P~MA.1--1
Phone (Primary): (p12.--~bl · ~'I :!,O
Applicant Email: (2-pi.J b. £,-~~t\Li..~(JJOD,vOM
Address : \?0':iO z_ \Ii,., . Cit : '-'<Mov-r~
Applicant is: Contractor Homeowner (Circle One)
PROPERTY OWNER INFORMATION: I;] check here if property owner is same as applicant
Name: t...A Sl-O Vi:-~T oM,6 kl-v 1"'0(ld Holnt m
Phone (Primary): lo Jl., -qqJ -4]1 7
Mailing Address: City:
Email: -to ll/J balm et.) @s mai,. cm m
APPLICANT/AGENT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
ZIP: '=>'=>44-7
ZIP:
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in
review of this application, and
• Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner
recognize that they are solely responsible for submitting a complete application being aware that upon failure to
do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the
request regardless of its potential merit.
• Acknowledge tlie Escrow Agreement is completed and signed.
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property
by City Staff, consultants , agents, Commission and Council Members for purposes of investigation and verification of this
request.
• Owner and/or Applicant acknowledge they must be ent at all scheduled review meetings of the Planning
Commission and Council. If an applicant and/a wner i unable to attend a scheduled meeting, please make
arrangements to have an authorize resentativ. attend in p ce of the applicant/owner and advise the City Planner
assigned to your project.
Applicant/ Agent Sign at e: -:6"'-;.,.E!,::~=:......w:-==----=--=---__,!---Date:
Applicant/Agent Signat Date:
Property Owner Signature:h -~ (" ~-Q · • Date: ...,__ I f Z6 f c,C:l l (, 0
Property Qwner Signature:
Variance Application -January 2016
______________ Date: ___________ _
Page2 # 3,808
RECEIVED
JAN ? 0·2016
' CITY OF ORONO
C ity of Orono
Pre--Appl ication Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting .)
City Planner: -----fV--~4.IM~~.=_!,L.._ __ _ Meeting Date/Time:
PC Date: _ __,,,_-:,;,,#-.,r-,,,,,__-+--f-1'+------Met with:
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements
of the city code, and identify policies or regulations that create opportunities or problems for the proposal.
:i~o~::~ INFO_R----,-MA_T_1o_N:~//"'-':J~«}~[A~~=--UJ_r_-r_AA~---¼-/-=---,-:-w_~~· -=--=-~_1_q_) __ _
Property ldentificatic,n t-.wmJi W:PI ~ :Z O -11, -c.. 3 -~4 -0() I 9
Zoning District: Vl___.'--,....1'-C-,.=---___ Size of Property:
LAND USE REQUESTS:
□ Appeal of
Administrative Decision
□ PIO
□ Commercial Site Plan
Review
□ PUD -Residential
□ PUD -Commercial
CONDITIONAL USE PERMIT REQUESTS:
□ Amend Existing CUP □ Commercial I Industrial Use
□ Grading and filling -□ Grading and filing -
501 cy or more Wetland and flood plain
□ Guest House / □ Institutional
Guest Apartment Type :
□ Comprehensive Plan
Amendment
□ RPUD, without
subdivision
□ Duplex Credit per bldg)
□ Easement I ROW
Vacation,
without subdivision
□ Zoning Amendments
includin Rezonin
□ Grading and filing -with 75 feet of OHWL
(includes seawalls ·and retaining walls)
□ Residential /
□ Renewal of CUP Reside.ntial Accessory Use
Type:
Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead
1--ln_it_ia_ls_: --=--=------1 costs only. Owner and/or Applicant shall pay for consultant expenses incurred in review of
owner's this application and/or additional staf~tJm e not covered in initial application fee, as well as
Initials: provide an escrow in the amount of $'l!:>00 __.. to guarantee payment of the above.
OTH ER INFORMATION:
meeting during which
Applicant Signat re: ~~~~~~~~::::~~::::::~-
Owner S ignatur~~ c ~~~
Variance Application -January 2016
Page3
Date :
Date:~
I-2'I -_:pa
I /20 {z:o r \o
RECEIVED
# 3808 .I ',,
•'i
JAN 2 0 '2016
orrv OF ORONO
City of Orono
Hardcover Calculation Worksheet
Property Address:
Prepared by: Date:
Stormwater Quality Overlay District Tier: (Circle one) Tier e Tier 3 Tier 4 T ier 5
Step 1: EXISTING HARDCOVER
In the following table identify §11 items of existing hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing
hardcover status of the property. For Tier 1 properties, identify any features by letter within the 75 ' setback line
and calculate hardcover square footage separately for each portion .
Key to Hardcover Item (Describe) Survey
(Example) (Garaqe)
A -Jd-n M6:
B aA.fl.A6re-
C f .
D F--ro nt-t' Pnrcl--..
E ~)Af-{O
F v r-,,n .. ,v,k111'\.
G "'1 I £VI lv' Al ll. /
H L
I
J
K
L
M
N
0
p
Q
R
s
T
u
V
w
X
y
z
(1) Total Existing Hardcover
Excludable Hardcover (See City Code Sec 78 -1684):
(2) Total Ex cludable Hardcove r
(3) Net Ex isting Hardcover [Subtract li ne (2) from line (1 )]
(4) Total Lot Area
Exis tin g Ha rdcover Percentage
Variance Application -January 2016
Length x Width Total
(Square Feet)
(24' X 30') (720 S.F.)
lrJ..'1. tJ S.F.
fR <f'-1 S.F.
S .F .
34-1 S .F .
1-1'6 S .F.
, . ,,,/ S .F .
I I l ..J S.F.
S.F.
S.F.
S .F .
S.F.
S.F.
S.F.
S.F.
S.F.
S .F .
S.F.
S.F.
S.F.
S.F.
S .F .
S.F.
S.F.
S .F .
S.F.
S.F.
'"5(.o,;2.. ~ S.F.
S.F.
S.F .
S .F.
S.F.
S .F .
.5() S .F .
~,;'](.,, S.F.
!:?.,{Jot../ S.F.
[ (3) + (4)] ~7,c; %
(Proposed Hardcover next page)
Page 7 # 3808 .,
RECEIVED
,IA~ ?. 0 '2016
;1 CITY OF ORONO
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
l(we)~U~
[print name(s)]
of ___________ _
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
_________ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and that the proposed neighbor's project or use requires Council approval.
c-i=:~·~ ~ 1·/zc,(·c.x)l~
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10
days prior to the scheduled meeting date.
*********************************************************************************************************************************
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
I (we) _____________ of ___________ _
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
_________ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or
disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the
improvement plans and that the proposed neighbor's project or use requires Council approval.
PropertY, Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10
days prior to the scheduled meeting date.
Variance Application -January 2016
Page 12 #3808
~ECEI VED
JAN 2 0 '2016
. j
' ·· ... :'-CITY O'F ORONO -
Provided By: Resident and Real Estate Services H Hennepin County Identify & Notify Receipt
Print Date Wed Jan 20 08:14:49 2016
This is a receipt only with 'paid' stamp or cash register receipt attached
Company or Homeowner Name: Jim Lillesve
TOTAL COST: $25.00
Contact Person: 20-117-23-24-0019
Subject Property Address: 2750 Casco Point Rd, Orono, 612-889-4894
Comments:
Buffer Distance: 150 feet Mail Label Count: 17
38 20-117-23230005 38 20-117-23230006 38 20-117-23230009 38 20-117-23230010 38 20-117-23230011
38 20-117-23230012 38 20-117-23240014 38 20-117-23240015 38 20-117-23240016 38 20-117-23240017
38 20-117-23240018 38 20-117-23240019 38 20-117-23240020 38 20-117-23240021 38 20-117-23310066
38 20-117-23320017 38 20-117-23320021
RECEIVED
J.AN 2 0 2016
CITY OF ORONO # 3808
Easy Peel® labels
Use Avery® Template 5'160®
38 20-l I 7-23 23 0005
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7730 LOCH MERE TER
EDINA MN 55439
38 20-117-23 23 0006
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-1 l 7-23 23 0009
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0010
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0011
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23230012
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 24 0014
LAWRENCE D PILLAR
6827 CARDINAL COVE DR
MOUND MN 55364
38 20-117-23 24 0015
JC SWENSON & M J FIEDLER
2725 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0016
AMBER M PEIFER
2745 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0017
EVERLAST ENTERPRISES INC
2755 ETHEL AVE
OMOMN 55391
Etiquettes fad!es ai peler
Utniise2 le q:iabairit AVIHtY® 5160®
iA
Feed Paper__,
Bend along line to
expose Pop-Up EdgeTM "-
38 20-l 17-23 24 0018
DONNA LULE
2765 ETHEL A VE
WAYZATAMN 55391
38 20-117-23 24 0019
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 24 0020
CASCO VENTURES LLC
16192 HWY 7
MINNETONKA MN 55345
38 20-117-23 24 0021
BARBARA J PALMER
2710 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 31 0066
DEAN V GREIMANN
3779 CASCO A VE
WAYZATAMN 55391
38 20-117-23 32 0017
TAMMY L WOODIS
MARC BRICKMAN
28 l 8 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 32 0021
RUSSELL WYLLIE
3799 CASCO AVE
WAYZATA MN 55391
Sens de Repliez a la hachure afin de [
reveler le reloord Pop-Up™ l
JAN ? 0 2016
CITY ORONO
www.avery.com
'l-800-GO-AVl!:RY
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
PIN COUNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT.
# 3808 . ~ ... :. ,, ..
RECEIVED
LIAN ? 0 2016
CITY OF ORONO
DATA PRIVACY ADVISORY
In accordance with Minnesota State Statute 13 .04 Rights of Subjects of Data , Subd . 2, "Tennessen warning", we
would like to inform you that your request for a permit or license from the City of Orono or any of its departments
may require you to furnish certain private or confidential information .
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or license
requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit or license.
3. The information may be shared with other local , state or federal agencies to the extent necessary
to process the permit or license.
4. If your requested permit or license requires Council action to approve , some information may
become public .
5. You have certain ri ghts under Minnesota State Statute 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
w d\ l4,vL\
Middle c•
Address
City
V'A» g$</~·
State Zip
~7\2 -EfR10CCt6
Phone
~ ~ 1 G
J'). \Yl l (j G
~ '--RECEIVED
Variance Application-January 2016 ~~~ ,JAN 2 0 ·2016 w 3 \\ CITY OF ORONO
LAND USE APPLICATION ESCROW AGREEMENT
Application #16-3808
AGREEMENT made this 3 day of febnta~ , 2o__fu by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City") and Casco Venturs, LLC ("Owners").
Recitals
1. Owners have filed Land Use Application #16-3808 formally requesting the City to review plans for
the property addressed 3800 Casco Avenue (the "Subject Property") legally described as Lots 8 and 9, Block 3,
Casco Heights, Hennepin County, Minnesota.
2. Owners request the City to review said plans which requires City approval and may require
consulting legal and/or engineering review.
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit $2,500 with the City. All accrued interest, if any, shall be paid to the City to
reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will
incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review
of Land Use Application #16-3808. Eligible expenses shall be consistent with expenses the Owners would be
responsible for under a land use application.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt
of bill.
.4, DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all
expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners
when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement
two times per year to determine whether the requirements of the project have been successfully completed and
whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall
be released upon City Staff receiving the appropriate verification that all requirements of the project have been
successfully completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat.§§ 415.01 and 366.012.
CITY: CITY OF ORONO
By: ChwthMJ WiLt,J:0u
Im: Ba~ ~
Internal Use Only: D Original to Finance Department
OWNERS:
l ~ €~=----
~~------
Its: Vf?.
D Copy to Zoning File D Copy to Street File