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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday January 25 , 2010 7:00 o'clock p.m. *4. #08-3350 FREDERICK C. RETERS, 3127 CASCO CIRCLE -VARIANCE - RESOLUTION NO. 5906 Bremer moved, McMillan seconded, to adopt RESOLUTION NO. 5906, a Resolution Amending Resolution No. 5765, 3127 Casco Circle. VOTE: Ayes4, Nays 0. #08-3381 BARRY TANNER (NAVARRE LANES) 3435 SHORELINE DRIVE CUP ENSION -RESOLUTION NO. 5907 Bremer oved, McMillan seconded, to adopt RESOLUTION NO. 5907, a Resoluti Amending Resolution o. 5803, 3435 Shoreline Drive. VOTE: Ayes 4, Nays 0. *6. #09-341 ATRICK & KATHY MIDDLETON, 720 TONKAWA RO -VARIANCE- RESOLUTION N . 5908 Bremer moved, McMilla seconded, to adopt RESOLUTION NO. 5908 a Resolution Revising Resolution No. 5857, File 09-3414, and Resolution No. 2324, File . 1227, 720 Tonkawa Road. VOTE: Ayes 4, Nays 0. *7. #10-3439 SEAN AND ·•~.~-~McLEAN, 25 CYGNET ACE-VARIANCE- RESOLUTION NO. 5909 Bremer moved, McMillan seconded, to ad t RESOLUTI N NO. 5909, a Resolution Granting a Variance to the Orono, Minnesota, City Cod ection 78 20. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Murphy noted there was a letter to the editor in the ioneer re ently raising some complaints about the purchase of the land on Big Island by the City . McMillan noted a new speed limit sign has b en erected on County R ad 15 . Murphy stated the permanent signs are i . hway 12 and Old Highway 12. CITY ENGINEER'S REPOR City Engineer Kellogg state e had nothing to report. CITY ADMINIST OR'S REPORT *8. RENEW OF CONTRACT FOR PROSECUTION SERVICES Bremer move , McMillan seconded, to approve the one year renewal of the contract for prosecution ervices with Ken Potts with an annual fee of $31,500, and the renewal of the one year contract f forfeitures to be billed at the rate of $85.00 per hour. VOTE: Ayes 4, Nays 0. -----------------Page 3 of 5 ---------------- MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, January 18, 2010 6:30 o'clock p.m. ROLL ing Commission met on the above -mentioned date with the following bers present: Chair Kim Kang, ommissioners Loren Schoenzeit, Tess Rice , Jon Schwingler, Lind euss , and Alternate Janice Be . Representing Staff were Planning and Zoning Coordinator elanie Curtis, Planner Evelyn Turner, nd Recorder Jackie Young. Council Member James ·te was present. Chair Kang called the meetin to order at 6:30 p.m., followed by the Ple ge of Allegiance . CONSENT AGENDA Item No 4 was added to the Consent Agen and Item No . g as deleted from the Consent Agenda. There were no public comments concerning the items. Chair Kang closed the public hearing at 6: ~ p .m. Berg moved, Schoenzeit seconded o approve the Consent Agen as submitted. VOTE: Ayes 6, Nays 0. *1. APPROVAL OF Berg moved, Schoen it seconded, to approve the minutes of the November 16, 10, Planning Commission as su itted. VOTE: Ayes 6, Nays 0. NEWBUS SS *2. #. 6-3234 & 06 -3235 Bridgewater Bank, 4725 & 4731 North Shore Drive Bero: moved, Schoenzeit seconded, to recommend approval of Applications# 06-3234 and #06-3235, 47 5 and 4731 North Shore Drive, renewal of Resolution No . 5553 for a lot line rearrangement, acation of Lake Street, and variances. VOTE: Ayes 6, Nay. *3 . #08-3350 J. SVEN GUSTAFSON ON BEHALF OF FREDERICK PETERS, 3127 CASCO CIRCLE Berg moved, Schoenzeit seconded, to recommend approval of Application #08 -3350, Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle. VOTE: Ayes 6, Nays 0. #09-3414 PATRICK THLEEN MIDDL Berg m ved, Schoenzeit se nded, to re mmend ap oval of App · tion #08 -3350, ven Gustafson n behalf of E ederick Peters, 3 7 Cas o Circle, granting o structur: coverage variance and hardc er variance, subject to applicant submitting as -ti · t ardcover calculations. V : Ayes 6, Nays 0. _,, _________ ______,__,.,._ ____ Page 1 Date Application Received: 12/14/09 Date Application Complete: 12/14/09 60-Day Review Period Expiration: 2/13/09 REQUEST FOR COUNCIL ACTION Date: January 25, 2010 Item No. Department Approval: Agenda Section: Planning Department Report Name: Evelyn Turner Title: City Planner Item Description: #08-3350 J.Sven Gustafson on behalf of Frederick C. Peters, 3127 Casco Circle -Setback Variance -Resolution Zoning District: LR-IC (0.5 acre) Lot Area: 1.14 acres Lot Width: 100 feet List of Exhibits: A. Resolution per Planning Commission recommendation B. PC Action Notice dated January 20, 2010 C. PC Memo & Exhibits of January 19, 2010 Application Summary: The Applicant wishes to revise the previously approved side setback variance for the tennis court to have a 22 foot setback on the south side and a 30 foot setback on the north side instead of a 30 foot setback on the south side and a 22 foot setback on the north side. (The required setback is 30 feet.) Planning Commission Recommendation On January 19, 2010, Planning Commission voted 6 to O on consent to recommend approval. Planning Staff Recommendation Approval of the Setback Variance per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION AMENDING RESOLUTION NO. 5765 FILE NO. 08-3350 Council Exhibit A WHEREAS, Frederick C. Peters, a single person, (hereinafter "Owner") is the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1, Colorado Springs, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, J.Sven Gustafson has made application on behalf of the Owner to the City to revise the setback variance granted by Resolution No. 5765 that allows a tennis court 22 feet from the northerly side property line when a 30 foot setback is required to instead allow the tennis court to be 22 feet from the southerly property line, while maintaining a 30 foot setback from the northerly side property line; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 2010 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3350. 2. The Planning Commission reviewed this application on January 19, 2010 and on a vote of 6 -0 recommended approval of the revision to the setback variance, based on the following findings: a. The tennis court fits the site better at the proposed location than at the approved location. b. There will be no adverse impact on drainage. 3. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments Page 1 of 2 A RESOLUTION AMENDING RESOLUTION NO. 5765 FILE NO. 08-3350 WHEREAS, Frederick C. Peters, a single person, (hereinafter "Owner") is the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1, Colorado Springs, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, J.Sven Gustafson has made application on behalf of the Owner to the City to revise the setback variance granted by Resolution No. 5765 that allows a tennis court 22 feet from the northerly side property line when a 30 foot setback is required to instead allow the tennis court to be 22 feet from the southerly property line, while maintaining a 30 foot setback from the northerly side property line; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 2010 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3350. 2. The Planning Commission reviewed this application on January 19, 2010 and on a vote of 6 -0 recommended approval of the revision to the setback variance, based on the following findings: a. The tennis court fits the site better at the proposed location than at the approved location. b. There will be no adverse impact on drainage. 3. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments Page 1 of 2 by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community and finds there would be no adverse impact from the change. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby amends Resolution No. 5765 to allow the tennis court to be placed 22 feet from the southerly side property line when a 30 foot setback is required, with a 30 foot setback to be maintained from the northerly side property line, as shown on the attached Exhibit A. Resolution No. 5765 otherwise remains in effect. Adopted by the Orono City Council on this 25 th day of January, 2010. ATTEST: Linda S. Vee, City Clerk Frederick C. Peters STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor This instrument was acknowledged before me this __ day of ______ _ 2010 by Frederick C. Peters, a single person. Notary Public Page 2 of2 ZONING FILE #08-3350 Council Exhibit B CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: January 20, 2010 TO: J.Sven Gustafson Stonewood LLC 7 407 Wayzata Boulevard # 100 Minneapolis MN 55426 COPIES: Frederick Peters 3127 Casco Circle Wayzata MN 55391 TYPE OF REQUEST: Revision to Setback Variance DATE OF MEETING: January 19, 2010 Planning Commission recommended approval. VOTE: 6 FOR 0 AGAINST Applicant's next scheduled meeting is: City Council-January 25, 2010 -Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. Date Application Received: 12/14/09 Date Application Considered as Complete: 12/14/09 60-Day Review Period Expires: 2/13/10 To: From: Date: Chair Kang and Planning Commission Members Evelyn Turner, City Planner January 19, 2010 Council Exhibit C Subject: #08-3350 J.Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle -Revision to Setback Variance -Public Hearing Zoning District: LR-1 C (0.5 acre) Lot Area: 1.14 acres Lot Width: 100 feet Application Summary: The Applicant requests the the side setback variance to place a tennis court 22 feet from the northerly property line when a 30 foot setback is required, be changed to allow the tennis court to be placed 22 feet from the southerly property line and 30 feet from the northerly property line. Stafj Recommendation: Planning Department Staff recommends approval. Pertinent Zoning Ordinance Sections 78-1404 Tennis Courts List of Exhibits A. Application Background In 2008, to allow construction of a tennis court larger than 1,000 squre feet in the street yard of a replacement residence, the property was granted the following variances: 1. A location variance to place the tennis court between the house and the street, 2. A side setback variance to place it 22 feet from the northerly property line when a 30 foot setback is required, and 3. A hardcover variance to have 37% hardcover in the 250 to 500 foot zone when the maximum is 30% with hardcover in the 75 to 250 foot zone limited to 22.1 % LOT ANALYSIS WORKSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 1.14 acres Lot Width 100 feet 100 feet Hardcover Calculations: There would be no change in hardcover. Variance #08-3350 January 19, 2010 Page 2 of 2 There are specific regulations for tennis courts over 1,000 square feet that require them to be 30 feet from side and street property lines and not between the house and the street. As approved the tennis court would be 30 feet from the southerly property line, 22 feet from the northerly property line and 30.5 feet from the right of way of Casco Point Road. Although the house is not complete, grading was done in the Autumn. In doing so the applicant realized that the tennis court and driveway would fit the site better if the tennis court was shifted so it was 22 feet from the southerly property line and 30 feet from the northerly property line. Hardship Analysis In considering 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 undue hardship 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. Issues for Consideration Drainage was a major issue with the original application. Would the change impact drainage? There will be no change in the drainage pattern. The additional separation between the tennis court and the driveway will provide more space to convey runoff to the area behind the tennis court. Staff Recommendation Approval of the request. City of Orono Variance Application PC Exhibit A Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # 0 CZJ --3 > S-CJ Y'U-i · Date Received : , i ZJN/ oq , , Main : 952-249-4600 fax : 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Staff : ~d Fee : $"700 Renewal:350 --'--------A ft er -the -fact: $1,400 Double Fee Escrow F,ee· $eoo I $2,Setl This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application , Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 3 I 'LI c.A:sc o Property Identification Number (PIN): Date Property Acquired (month/year): Zoning District: Ct IZCL ~ 1..0-r11-23-:s4 -oc:,-z.,1.-os-/o '/ □ Yes, I own the adjacent parcels . I APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: '5~,J~w () o~> , L,L.,6 Phone {home): --------,-------Phone (work): (~r-~_-i..~')_'1_'1~1~-~~~S"'~1~o ______ _ Complete Address: 1 4"-07 vv A-yz-A-r-.A--B (....(.11). City,State&ZIP ST-fA>u,s f/1-11..r?, H,f.}° ~4--U,:, Email : nic..@ >tpN8WPOf> , Covvl Fax: (9S"1-) G 17---§.5"'-JI OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: (" f--eD€Nc.-t. C , e"' ?7l-, Phone (home): ____________ Phone (work): _t,_/2..~~3_z.~'i'---~-----~---- Complete Address: °3/Z-1 CA->"cC? cttza£ -relN\. ·-v'1e1,,.1 De.... City,State&ZIP oto1--1 ,-1,1/.I s-t;" loAJ AJ ST35"l, Email : F~ETFt2.S"QCl%if ·,.co""' Fax : DESCRIPTION OF REQUEST: Describe t~e request in detail (attach additional sheets if necessary): 'Pue-::r:i> tl '< 1:-J:C p c.A-Ck'::::?½k"-NT of Af(nvv &D fbrJN ,s col/"l'"lJ::" ~c-4-no tJ lfrrv b I T.5 A:f1::1::QC : 0 1-1 -,--Hg D~IIF:Wkf: €]..Ji;-VA;Uot,I A--T flf1[' po1/'/T A-T Nfftcff 7ffl:::--r Ai?£ t/(lA-fl,1~·H:-EACH o-,rle,l, wi;-WOVvl> $Ul,n,11r CH:MCtAff /~tvA-ef1t/C Vf-"€1" Af/JIZ(li/t?'°D r I 1-"Z.. fo oT : Set '3A-CK IP f'/p.1t11J (o ufl,T A~/Jtl 6r i1fl!" NOR.-yH f P<Jpl?i?tr l--1N't? WI W~ rH1f MP2ov'e']) 30 &or 5€T l:>Af_/C. ALOt-!C TH!i .>0()71-/ ftiO,tJt""-#t"( L..1tv't:. 71±15 /,y'~(lt,,p -14 - REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed . Enclosed : A □ □ □ □ □ □, □ □ □ D · □ □·. □ □ □ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department , • 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 the 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 inv~stigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all schedu led review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our • records and records of other governmental agencies requ ired by law. If you refuse to supply the information, the application may ot be issued . Appl icant's; Signature: ~ IL 5 ~tJfw ooD, UCOate: Applicant's=Signature: ~ Date: Owner's Signature: --~-+-''""--f,C,,<"~"-'<--',c__----Date : Owner's Signature: ___________ Date : I I 2-),0/49 -15 - '(' \~ ! \\ ,1' 1\\ 'i \I\ 1\' 'I', ),, ' ;.-- .,_o,"i-;·· ~'1.1!,'lf\ \i~A--- ,~\~\ \ \ r \\',-~\ ,. I-~\ \I\ ':\· '\c..,d':._{)\,.-> )> t ~t",>'?i,,£MOVE} \ 7'.'1,1-~·, \.-\., ·--,;,\·, \,-;_z. \\'-. \\c..,~:~~ ~1 ~ o,1\~~\~,,;,?'> t, Z 1,,~\\ \;· C' 2.. ~\~~',> ~) _,> \i"'\ l,\~\\1 \~ --\ 't,\, \\\ \ 0 0 'I',:, \ z \',\\\e, \ -:,:;;_ ',I'-,1·, \ )> I\' ¥'\\ \_ ,,is-n;;--1 \\o,;,~'.1i}!'t':i· ~,.~~-;.\ l. ~ ~ ..,_o,,,,._,-:, I .,_o,b;- ~ " 0 _c,.O +:,,"°"' \ ~ ,:,,'> '...--__,, 1 REMOVE ASPHALT DRIVE , , ~ ~---R;o'-'t.(J~ ~~o L6r E~J~J · fi\~';,.j~s !. \ \ \ \ ~ __ .-:-. GRADE SWALE TO DIRECT SURF Act DRAINAGE AWAY FROM ' <:,') ADJACENT PATIO WALLS l~~Rf{~\,(5 ' ' i \ I DETAIL 1" = 10' EXISTING ENCROACHING PATIO = 540 SF DRIVES= 230 SF TOTAL =770 SF 230SF TO BE REMOVED ~ 0-75 AREA = 7500 SF EXISTING CONC PATIO = 150 SF/2,0% PROPOScD OSF 0% REDUCTION = 150 SF \, (VARIES) \ \ 9:-"tr-c,<v\ (.:;4., \ \ R:-'t' \ :' "" \ "" ~-~: ': <1,00~ \ \ \ \ \ \ \ _J EXISTING HOUSE \ HARDCOVER 75 -250 AREA = 17500 SF X 25% = 4375 SFHCA EXISTING 10846 SF /62% PROPOSED HOUSE = 3127 SF FPORCH = 144 SF DECKS = 466 SF DRIVE = 10 SF WALK = 65 SF CSTPS = 58 SF TOTAL = 3870 SF ~o:;, ~~~2~~~~) >460SF NET REDUCTION = 6935 SF TOTAL HC REDUCTION = 8356 SF '---" 250 + AREA = 24800 SF X30% = 7 440 SFHCA EXISTING 10500 SF /41% PROPOSED HOUSE = 535 SF DRIVE = 3620 SF WALK = 35 SF STEPS = 40 SF TENNIS CT. = 4970 SF TOTAL = 9200 SF (37% <°{'-,6~0T AREA) RWALLS = 30 SF <1790 NET REDUCTION = 1270 SF REVSD 11-18-09 ,fl~' PROPOSED ELEVATIONS GARAGE FLOOR= 962.3 TOP OF FOUNDATION = 959.3 UNDER GARAGE FLOOR = 952.0 LOWEST FLOOR=950.5 SOO ALL SURF ACE GRADED AREAS :t~j:,•!,.' p,1,.,.,0 (") ► (J) (") 0 ~\ 0 ► D _,, _, ~-.,..,_~,~,::, ,\ -I - I _I r;,-'\_. 0 20 l SCALE IN ;" = EXISTING SPO X(998,0)= PROPOSED SF _.,.. = DIRECTION SUF COH T[LEVEREC OHL -lEAD U1 GFE == ~GE FLOC TFE "" TOP OF FOUN LFE = LOWEST FLOC LEGAL DESCRIPTION LOT 2, BLOCK 1. COi ADDRESS -3127 C PID#20-117-23-34-' LOT AREA = 49900 HOUSE, PORCH, DECK! SURVEY IS SUBJECT TITLE OR EASEMENT VERIFY ALL DIMENSIOI ELEV A TIONS WITH HO' VERIFY ALL SETBAC~ CL l 1:: 0<'v ~~ ()~ \ \ \ 75°0 1\,W .... , ........ ..,., .... _ GRADE AREA NORTH OF DRIVE TO DIRECT DRAINAGE TO DRIVE AS MUCH AS POSS IBLE \ CONSTRUCT DRIVE WITH 2 .5% ", CROSS '.:\LOPE TO SOUTH \, (SOUTH £DGE 0 .3 LOWE · .. ·\ ... .. ··· THAN NORTH EDGE) \ . · DRAINAG 8 AREA T NORTH \ EXISTING \= 13 0 SF \ PROPOSED 1360 SF J -................ , ............... .... ,. \ \ \ ~,/ \ \ \ \ i I ! / I / ; I f I I I ···----. / f12o i£os€D ;-- ! I ! J I I I I 1 ") 0 .// z. CJ\ ->. ta CJ\ 'ta 0 o:::i-->. 0) 0 ~ C) ')::> V) (; 0 \ AJ \ 0 ')::> C: ,,.----·--' , \ i <:>1--\ / r,,'o'l-· \,J 0 -; -< 0 'Tl 0 ;u 0 z 0 c::, !Tl n -;o m (") ►i:,,. m < f',..) c::, c::, (0 m 0 :1 ~ -::,...c§:> • ' \ \ \ \ ~ ' . \ v\ .:-. ·.- \ GRADE AREA NORTH OF DRIVE TO DIRECT DRAINAGE TO DRIVE AS MUCH AS POSSIBLE \ CONSTRUCT DRI VE WITH 2.5'.?'1/\ CROSS ~LOPE TO SOUTH/ _\ (SOUTH ~DGE 0.3 LOWEn ~- THAN Ndf TH EDGE) DRAINAGE \A R~A 1 NORTH EXISTING = 1 00 SF PROPOSE~ = 1360 SF 5 'v~--l~ / ·--·------... ___________ -·---- . i -/ ,o\JR \-,:Si-· / V S / \ .,.-'<}.'<'._, 7-~ n \ '1i'o~-{...:., \ . ~" "?o''js ..,-,\':>'i" . '11' . \ \,--~ d ' --- _./ \ ;,_.,s'<~· ,-,,-:,_o 0 ')> V') 0 0 ""A) C) )> C l ,'o'1·\) . ,../ ,s\P I / __ ,,..- I . I -/---,.c .1 I J--:: ____ ,,,-s'Qs0 ,,.q / ,,;:J:;:;l!------::: .;;,/--;,~s••c/ ,1•· ,, ' .c/0 -=1---,,.,.1 s ;,; / ,, •. o. -----' 'rn ;r, ,-c / ~ --J ,, •• "''4 /_ l,p ,, -- ,0.1::v ; ~t gl -"---/ ! "''"""aus o•' oS I - ,...__ '·, ~- \ \ \\ I j j I I I \ I I ,-J / /,,:,>\,I i An7e f vm / i i I / I i ) . I o i __ J / -, 0 / -< rr, / 0 n / 71 ...... 0 ~~ 7J r--:> c::> c::> l.O 0 z 0 ;a m C') m < m 0 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM have rev ,ev,ed th lans for the propo ·ed ,mprove m nt or proposed use of the prope n y locat ed at 31 '2. '1 CJw:.o G~(..~ $also refer red to as La nd Use Applicat nn No ()8 ~ ~'35◊ I (we1 UTTderstand that m e xecuting this ac no vledgen nt, I we am (are) not asked lv declare approval or Olsapprov al of l he property or use but merely to contirm for th e City Cou ncil that I (we) am (are) aware of the improv ement plans and that the proposed ne1gl1L .r's pro1ect or u.e requires Council approval ~cQ, ~, 'ci~ ,ri.to'B I 2.J!X:>~ P roperty Ov.rne r ~ Dat e ~tl-fJ~ \2.-/MJ/2.oo9_ Property Owner Date ••• • • ·-............. " ...... ~ •• • • • ........ « .... • •• tr• ....... 11 • ...... , • ..... 11 ........ .., ....... • • ......... -~--· ........... ••• • • fll ...... ~ <r • • • .... • ... • 7 • • ............... • .... .. I (we) ______________ of ___________ _ [pri ! name(s)] [print address] have reviewed the plans for l he proposed Impru emE;nt or proposed use of the property loca ted at _________ also referred to as Land Use Application No ___ _ I (we) under and that in executing this ackno,vledgement , I (w e) am (are) not asked to declare approv al or disappro val of the property or use but merely to confirm for the City Council that I we) am (a reJ awa re of the improvement plans and that the proposed neigh bor's project or use requires Council approval. P roperty Owner Prope rty Owner Date Date If you have a ny in fo rmation that may ass ist th e City in the , eview of ll1is Land Use Application please submit your comm 2r,ts to tt,_ Building & Zoning Office at le,ast • O days prior to the scheduled meeting date • 16 CITY OF ORONO PO BOX 66 CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #08~3350 CITY OF ORONO PO BOX 66 THOMPSON 38 20-117-23 43 0029 MILO & AUDREY THOMPSON T 5~3 NFE ~ cc~c 00 0~/~C/~0 R~TURN TO ~~NcER TEM~O~A~XLY AWAY ~EiURN iO SENO~R ec: ses2soos6&& *067e-os7s1-oe-4s l, 1111:1111111111111 In II, I1 n, I I 111,l I n1 I l11,II1111 l 11 l 11 I, I CRYSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #08-3350 38 20-117-23 340010 CHERYL CORYEA RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNAS:LE: TO F"ORWHna 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 #08-3350, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of January, 2010. 0~~ Monica 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 Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, January 19, 2010, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 06-3234 Beisel & Dunlevy, PA on behalf of Bridgewater Bank, 4725 & 4731 North Shore Drive, LR- 1 B zoning district, requests renewal of approvals granted in 2006 for lot line rearrangements and lot area, lot width , and hardcover variances in order to create two lots where three lots previously existed. 08-3350 J. Sven Gustafson on behalf of Frederick Peters , 3127 Casco Circle, LR-1 C zoning district, requests a revision to the previously approved side setback variance for the tennis court to have a 22 foot setback on the south side and a 30 foot setback on the north side instead of a 30 foot setback on the south side and a 22 foot setback on the north side . (The required setback is 30 feet.) 09-3407 Anna Ovsyannikova on behalf of Elena Ovsyannikova , 3409 Eastlake Street, LR-1A zoning district, requests creek setback, side yard setback and hardcover variances and a conditional use permit for filling within the floodplain in order to construct a new detached garage on the property. The new garage is proposed to be constructed 3' from the side lot line where a 1 O' setback is normally required, a 40 ' setback from the creek where a 75' setback is normally required. Hardcover is proposed to decrease within the 0-75 ' setback from 63 .25% to 50.16% where 0% is normal ly allowed and is proposed to decrease by 7 square feet within the 75-250' resulting in 49.16% where 49 . 70% currently exists and 25% is normally allowed. 09-3414 Patrick and Kathleen Middleton, 720 Tonkawa Road, LR-1 B zoning district, request a revision to the previously approved structural coverage variance to allow 18 .01 percent structural coverage when 17 .85 percent was approved and 18.64 percent previously existed . The purpose of this change would be to allow a 36 square foot entry porch rather than a 16 square foot entry porch . Hardcover variances are also requested to clarify the amount of hardcover allowed in the 0-75, 75 to 250 and 250 to 500 foot zones . 09-3418 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Shoreline Drive, B-1 zoning district, requests commercial site plan approval to construct a separate , two-story building on the east end of the existing building on the property. The proposal includes structural coverage, hardcover, parking lot setback and building setback variances as well as a variance to the number of required parking spaces. 09-3425 James Johnson , 650 Big Island , RS zoning district, requests an after-the-fact conditional use permit and after-the-fact hardcover variance for lake-side retaining walls and a patio within 75 ' of the OHWL . 10-3438 DNA Properties, LLC, 1535 Bohns Point Road, LR-1 B zoning district , requests preliminary plat approval in order to create three one-plus acre lots where currently one 4.89 acre property exists resulting in two additional buildable lots . 10-3439 Sean and Marie McLean, 25 Cygnet Place, RR-1 B zoning district, requests a setback variance to construct an open entry porch with a 36 foot setback from Cygnet Place when a 40 foot setback exists and a 50 foot setback is required and approval to change the roof line over the existing entry porch and portion of the garage within the 50 foot setbacks from Cygnet Place and Watertown Road. 10-3440 Robert and Mary Sansevere, 745 Orchard Park Road, RR-1A zoning district, request a variance to allow two Oversized Accessory Structures (OAS) on their property where one OAS is normally allowed and one OAS currently exists. An OAS is an accessory building 1,000 square feet or above. The applicants currently have one, 1,200 square foot OAS on the property and would like to construct a new 3,000 square foot building. 10-3441 Magdalen M. Pidgeon Trust, Madalyn J. Epple Trustee, 3625 Eileen Street, LR-1A zoning district, requests subdivision approval to create a separate tax parcel for the portion of tax parcel 05-117-23-24-0039 that is owned by the Magdalen M. Pidgeon Trust. 10-3442 Dirk Miller of The Emily Program, 2180 North Shore Drive, RR-1B zoning district, requests approval of a conditional use permit to allow an 8-bed, in-patient eating disorder residential treatment facility on the property. 10-3443 Lecy Brothers Homes on behalf of Timothy & Juliann Hadden, 2655 Shadywood Road, LR- 1 B zoning district, requests a 0-75' zone hardcover variance and a lake setback variance in order to construct a new home on the property. 10-3444 City of Orono proposes an amendment Chapter 78 of the Orono Code (also known as the Zoning Code) to define a site plan review process for the Business (B) and Industrial (I) zoning districts to replace the code provision that requires City Council approval of all building permits in these zoning districts. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by January 12, 2010 if possible. Interested persons may review the application at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission To be published in the Sun Sailor on January 7, 2010. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 12/3/2009 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE AVES #104 EDINA MN 55410 38 20-1 l 7-23 34 0022 FREDERJCK C PETERS 3127 CASCO CIR FREDERJCK C PETERS 3127 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS PO BOX 66 CRYSTALBAYMN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 20-1 l 7-23 34 0006 KE RJCHEY & SJ RICHEY 3105 CASCO POINT RD KENT E & SUSAN J RICHEY 4665 GOLDENROD LAN PLYMOUTH MN 55442 38 20-117-23 340010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATAMN 5539I 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATAMN 55391 -AND TR1J~~RESENTATION OF INFORMATION f,,,;t;:~_; _ Ei SERVJ{SES DEPARTMENT. ,7y; ) ------- 38 20-117-23 34 0007 JOHN P SUMNER 3131 CASCO CIR JOHN P SUMNER 3131 CASCO CIR WAYZATAMN 55391 38 20-117-23 34 0021 R G&P A DUDLEY 3125 CASCO CIR RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/I I MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 DEC ] d newspa11ers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrick so n, being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of the newspa per(s) known as Plymouth, Wayzata, Orono Sun-Sailor and has fu ll know ledge of the fa cts stated belo w : (A) The newspap e r ha s complied w ith a ll of the requirements constituting qua li fica- tion as a qu alified ne wspa per as provid- ed by Minn. Stat. §331A.02 , §331A.07, and other app licable laws as amended. (B ) The printed public noti ce th at is attached was pub l is hed in said newspaper(s) once each week, for ~ successive week(s); it was fir st pub lished on Thurs- day, the _7_ day of January 2010 , a nd was th ereafter printed and pub lis he d on every Thur sday to and in - cluding Thursday, th e _____ day of ________ , 20 1 O; an d printed be low is a copy of the lower case alph a- bet from A to Z , both in c lu sive, w hi c h is he reby acknowledged as be ing th e siz e and kind of type use d in the composition an d publication of th e notice : abcdefghijklmnopqrstuvwxyz Subscribed and sworn t o or affi rmed before me on thi s _7_ day of January , 2010. City of Orono (Official Publication) NOT ICE Th e Planning Commission will hold pu bli c hearings in the O rono Council Chambers at 2780 Kelley Parkway on Tuesday, January 19, 2010, beginni ng at 6:30 p.m. on the matter of rev iewing the fol lowing land use appl icat ions: 06-3234 Beisel & Dunlevy, PA on behalf of Bridgewa- ter Bank. 4725 & 4731 No rt h Shore Drive , LR-1 B zoning district, request s renewal of approvals granted in 2006 for lot li ne rear rang e me nts and lot area, lot width. and hard- cover variances in order to create two lots where three lots previou sly existed. 08-3350 J. Sven Gustafson on beha lf of Frederick Pe- ters , 31 27 Casco Circ le, LR-1 C zoni ng d istrict, requests a revis ion to the previously approved side setback va ri - ance for the tennis court to have a 22-foot setback on the south side and a 30-foot setback on the no r th side instead of a 30-foot setback on the south side and a 22 -f oot set- back on the north side. (The required setback is 30 feet.) 09-3407 Anna Ovsyannikova on behalf of El ena Ovsyannikova, 3409 Eastl ake Street , LR-1A zoning dis- trict, req uests creek setback, si de yard setback and hard- cover varia nces and a co nditional use permit for filling within the floodplain in order to constr uct a new detached ga rage on the property. The new garage is proposed to be constructed 3' from the sid e lot line where a 1 0' setback is normally required , a 40 ' setback fro m th e creek where a 75' setback is no r mally required. Hardcover is proposed to dec rease within the 0-75' setback fro m 63.25% to 50.16% where 0% is normall y allowed and is proposed to decrease by 7 square feet within the 75-250' resu lt ing in 49.16% wl1e re 49.70% currently exists and 25% is no r- mally a ll owed. 09-3414 Patr ick and Kathleen Middleton , 720 Tonkawa Roa d , LR-1 B zoning district, request a revisio n to the previously approved structural coverage variance to a ll ow 18.01 percent structural cove rage when 17.85 per- cent was approved and 18.64 perce nt previously existed. The purpose of this change wou ld be to allow a 36- square-foot entry porch rather than a 16-square-foot entry porch . ,Hardcove r variances are also requested to cla rif y the amoun t of hardcover allowed in the 0-75, 75 to 250 and 250 to 500 foot zones. 09-3418 Dennis Batty on behalf of Brook Investment Group LLC , 3421 to 3435 Sho re li ne D rive , B-1 zo nin g district, requests comme rcial site plan app roval to con- struct a separate. two-story building on the ea st end of the existing building on th e property. The proposal includes structu ral coverage. hardcover, parking lot setback and build in g setback variances as well as a variance to th e number of required parking spaces. 09-3425 James Johnson. 650 Big Island , RS zoning district, requ ests an after-the-fact conditional use permit and after-the-fact hardcover var iance for lake-side retain- ing walls and a patio within 75' of the OHWL. 4;4{.]L"- e MAR Y ANN CAR LSON NOTARY PUBLI C -MINN ESOTA MY COMMISSION EXPIRES 1-31-14 ♦ 10-3438 DNA Properties. LLC , 1535 Bohns Point Road . LR-1 B zoning district , requests preliminary plat ap- proval in order to cr-eate three one-plus acre lots where curre ntly one 4.89 acre property exists resulting in two ad- d itional buildable lot;,. 1 0-3439 Sean and Marie McLean, 25 Cyg n et Place, RR -1 B zoning district, requests a se tback variance to con- struct an open entry porch with a 36-foot seiback from Cygnet Place when a 40-foot setback exists and a SO-toot setback is required and approval to change the roof line over the existing entry porch and por tion of the garage w ithin the 50-foot setbacks from Cygnet Place and Wa- te rt own Road. 10-3440 Robert and Mary Sa nsevere, 745 O rchard Park Road , RR-1A zoning district. req uest a va ri a nce to allow two Oversized Accessory Structures (OAS) o n their property where one OAS is normally allowed and one OAS currently exists. An OAS is an accesso ry building 1 ,000 square feet or above. Th e applicants curren tl y have one, 1 ,200-square-foot OAS on the proper ty and would like to construct a new 3.000-squ are-foot building. 1 0-3441 Magdalen M. Pidgeon Trust , Madalyn J. Epple Trustee, 3625 Eil ee n Street , LR-1A zoning district , re- quests subdivision app roval to create a separate tax par· eel for the portion of tax parcel 05-117-23-24-0039 that is owned by the Magda len M . Pidgeon Tr ust. 10-3442 Dirk Mille r of Th e Emily Program, 21 80 North Shore Drive , RR-1B zoni ng district, requests app roval of a co nd itional use permit to allow an 8-bed, in -patie nt eat- ing disorder residen t ial treatment facility on the property. 1 0-3443 Le cy Brothers Homes on be hall of Timothy & Juli an n Hadden, 2655 Shadywood Road , LR-1 B zoning di strict. requests a 0-75' zone hardcover variance ar.d a lake setback variance in order to construct a new home on the property. 1 0-3444 C ity of Orono proposes an amendment Chap- ter 78 of the Orono Code (also known as the Zoning Code) to define a site plan rev iew process for the Busines s (B) and Industrial (I) zoning districts to replace the code pro- vision that requi res City Council app roval of all building permits in these zoning districts . All persons wishing to be heard are encouraged to attend this meeting . This is not a final agenda and is subject to change prior to the hearing. Written comments are ac- cepted and should be submitted to the City of Orono by January 12. 2010 if possible. Int erested persons may re- view the applicat ion at City offices. For an appointment. please call (952) 249-4620. City of Orono By: Planning Commission Published in ll1e Sun Sailor on January 7 , 2010 . Posted at: Orono City Offices. Crystal Bay Post Office. Long La ke Post Office. Navarre Post Office (Ja n. 7, 2010) a2-hrgs 01-16·2010-CM CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #08-3350 NOTICE OF COUNCIL ACTION DATE OF NOTICE: January 26, 2010 TO: J.Sven Gustafson Stonewood LLC COPIES: Frederick Peters 7407 Wayzata Boulevard #100 Minneapolis MN 55426 TYPE OF APPLICATION: Setback Variance DATE OF MEETING: January 25, 2010 VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the owner sign the resolution at the City Offices (Monday through Friday 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. CITY of ORONO December 18, 2009 J.Sven Gustafson Stonewood LLC 7 407 Wayzata Boulevard # 100 Minneapolis MN 55426 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #08-3350 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a setback variance for property located at 3127 Casco Circle. Our preliminary review indicates that your application is complete. Your application is scheduled to be heard by the Planning Commission on Monday, January 19, 2010. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date agenda. It will also be posted on the City's website (www.ci.orono.mn.us) on Friday afternoon before the meeting. Your application is tentatively scheduled to be considered by the City Council on January 25, 2010. Remember to post the public notice sign ten to 14 days before the Planning Commission meeting. It should be visible from the road. Do not nail it to a tree. Please call me at 952-249-4623 should you have any questions. Sincerely, . City of Orono • ., ;• I , ..... . ' ,., Evelyn Turner City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Address: ___ !>_l_1.:~7 __ C_A_S_C~o __ c_, f2.._C~,L~~-· ----Date: I 2,/ slo?- Prepared by: __ S---'-t'"l)~t,.J_6'"""---'V_,./(J_(Jc...:b=--tl-L.,_(,"'-'(..., ____________ _ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X X + B 75-250' 250-500' = Width = = = = = = = = = = = = = _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X + B Width = = = = = = = = = = = _____ x100 = -21 - 500-1000' ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _f ___ '5°,__0 __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. -:----:af .-5....,0==--_ S.F. A __ J~5"-=""D_O __ S.F. B __ ....,'2.....,_ ___ % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ___ Q ___ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ----=-=,()~--S.F. A __ "'1...._5=-":0Q=----S.F. B ___ Q ____ % Address: ~12-1 c,+sco C-12CL-f; Date: l2,L3 Jo1 Prepared by: S~N~WOtlO ' t,...,L,'--t HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 9)250.500· 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. c. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE 1oe+, S.F. A TOTAL PROPERTY AREA IN ZONE 11 S OQ S.F. B A + B X 100 = 62. % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) '3-1'27 A. House X = S.F. 'PoPC# Length Width \ 44-X = S.F. c;'f11 l> rs X = SL S.F. B. Garage X = S.F. c. Driveway X = ,o S.F. X = S.F. D. Sidewalk X = ,; S.F. X = S.F. E. Patio/Deck X = 4-~6 S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = •·10 S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE ~,ro S.F. A TOTAL PROPERTY AREA IN ZONE liSOO S.F. B A ~ B X 100 = '21. 3 % -21 - Address: ~11.,.1 CA-SCD C1R.C..-Le Date: 12.-L :s Lo c; Prepared by: STVf.J£t,..JooJ) 1 L,l.,C.,.. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250~ 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE \o Soo S.F. A TOTAL PROPERTY AREA IN ZONE 2..if ~00 S.F. B A + B X 100 = +I % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) ,;35 A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = 3hZo S.F. X = S.F. D. Sidewalk X = ii S.F. ~,...r,s X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = 3o S.F. H. Other: Tt .. MI.$ C.1' X = 4~70 S.F. TOTAL HARDCOVER IN ZONE ~ '2. '30 S.F. A TOTAL PROPERTY AREA IN ZONE '2..4~b0 S.F. B A + B X 100 = 'l1.i. % -21 - For Office Use Only: City Planner: PC Date: City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) Meeting DatefTime: 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. PROPERTY INFORMATION: Site Address: Property Identification Number (PIN): _i-_o_-_t /_1_-_Z.~3~--3==--'4~--~o_o_Z_?... ___________ _ Zoning District: ______ Size of Property: 4--'\ 9 oo s.f. DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' □ Hardcover 75'-250' □ Hardcover 250'-500' □ Hardcover 500'-1000' □ '7ot Coverage □ Lot Area □ Lot Width _ l .A~ [¥Other: • -----~+~Vt~t'\.~\:~S _C~O.~N:......._..,\:---.,.: ,......'.z~_(,.,\'-=-=--=-tJA-L-_ll.. ________ _ rw LS L C2 ~ ,,. 3 3 '5 O Applicant's HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: completed and submitted in conjunction with their formal variance application . Applicant's t,Jt't BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's initial application fee, as well as provide an escrow in the amount of Initials : $ to guarantee payment of the above. OTHER INFORMATION: . 9. h H Hennepin County Mailing Label Receipt Provided By: Taxpayer Services Department Company or Homeowner Name: Stonewood Contact Person: Mike Shideman Contact Address : 3127 Casco Circle Orono, MN 38 Contact Phone: 221-2545 Comments : Buffer Distance: 150ft PID LIST: Mail Label Count: 10 Print Date: 12/3/2009 8: 10:09 AM J TOTAL COST: $25.00 38 20-117-23 34 0005 , 38 20 -117-23 34 0006 , 38 20-117-23 34 0007, 38 20 -117 -23 34 0008, 38 20-117-23 34 0010 , 38 20-117 -23 34 0021 , 38 20-117 -23 34 002 2, 38 20-117-23 43 0029 , 38 20-117-23 43 0030 , 38 20-117-23 43 0031, RECEIVED DEC 1 4 2009 CITY OF ORONO I I ii I' I Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 20-117-23-34 For more information contact: Hennepin County GIS Division 300 South 6th Street , Minneapolis, MN 55 487 I gis .info@co.hennepin.mn.us Map Comments: - 1-Type Comments Here - 2.9-117-23-21 Print Date: 12/3/2009 Map Scale: 1" = 216' Buffer Size: 150 feet I I I __ _JJ 20-117-23-43 27) 29-117 -23-12 I Map Leg.end : I I I D Water Parl< P.arcel Buffer Retion Sel.ected Parcels -M.ajor Ro.ads Minor Roads II I I J ---=======-c=-===-==========================--===---===--=!l RECEIVED DEC 1 4 2009 CITY OF ORONO RUN DATE: 12/3/2009 38 20-117-23 34 0005 PHILLIPS WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATAMN 55391 38 20-11 7-23 34 0008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE AVES #104 EDINA MN 554 10 38 20-117-23 34 0022 FREDERJCK C PETERS 3127 CASCO CIR FREDERJCK C PETERS 3127 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS PO BOX66 CRYSTALBAYMN 55323 I CERTIFY THAT THE FACTS REPRESEN AS IT APP 0 BENNEP[N C\... ~.,TY PROPERTY rNFORMA HON SYSTEM {PROPERTY OWi,~tlS usn PAGE: 1 38 20-117-23 34 0006 KE RJCHEY & SJ RJCHEY 3105 CASCO POINT RD KENT E & SUSAN J RJCHEY 4665 GOLDENROD LAN PLYMOUTH MN 55442 38 20-11 7-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATA MN 55391 38 20-117-23 34 0007 JOHN P SUMNER 313 1 CASCO CIR JOHN P SUMNER 3131 CASCO CIR WAYZATAMN 55391 38 20-117-23 34 0021 R G & PA DUDLEY 3125 CASCO CIR RONALD G & PATRJCIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATA MN 55391 38 20-11 7-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/TI MARCHESSAULT 3 133 CASCO CIR ORONO MN 55391 RECEIVED DEC I 4 2009 CITY OF ORONO 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATAMN 55391 3 8 20-117-23 34 0008 JOANNE D JONES 5100 FRANCE AVES #104 EDINAMN 55410 38 20-117-23 34 0022 FREDERJCK C PETERS 3127CASCOCIR WAYZATAMN 55391 38 20-117-23 43 0031 CITY OF ORONO PARKS POBOX66 CRYSTAL BAY MN 55323 Etiquettes fadles a peler Utiiisez le gabarit AVERY® 5160® A. - I I Bend along line to 1 expose Pop-Up Edge™ J FeedPaper - 38 20-117-23 340006 KENT E & SUSAN J RICHEY 4665 GOLDENROD LA N PLYMOUTH MN 55442 38 20-117-23340010 CHERYL CORYEA 3085 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 43 0029 MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATAMN 55391 A Sens de .-h;,rn?mPnt I Repliez a la hachure afin de I reveler le rebord Pop-Up TM l I @ AVERY® 5160® l 38 20-117-23 34 0007 JOHN P SUMNER 3131 CASCO CIR WAYZATAMN 55391 38 20-117-23 34 0021 RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0030 G C BECKERJT I MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 www.avery.com 1-800-GO-AVERY Evelyn M. Turner From: Sent: To: Cc: Subject: Evelyn M. Turner Monday, September 29, 2008 12 :05 PM 'ron_dudley@biz-transformations .com' Lyle Oman; Christine Mattson Grading for 3127 Casco Circle Attachments: admin_ci_orono_mn_us_20080929_ 115022.pdf Dear Mr. Dudley: Page 1 of 1 Last week Tom Kellogg reminded me that I had forgotten to keep you informed about the grading plan for the proposed new house next to your house. The revised plan can in at a very busy time and I forgot about you. I apologize. But I think we addressed your concerns. The surveyor provided a revised grading plan that addressed Tom Kellogg 's concerns: 1. It directs most of the drainage from the street side of the house around the south side of the house (the side away from your house). 2. It creates a swale on the lake side of the property to direct the runoff away from your property. 3. It addresses the details of fitting a swale between your patio and the back wall of the garage of the new house. (A copy of t he plan is attached.) While the plan will remove the portion of the upper two tiers that are outside your easement, the stone will be reused to wrap the ends of the upper walls into the new grade and to extend the lower wall. In addition the applicant provided drainage calculations from an Engineer that demonstrated the plan would function . The City will monitor the situation during construction and require a survey to demonstrate the lot has been properly graded before the final occupancy permit it issued. But if you think something is not being done correctly during construction, do not hesitate the contact me or Lyle Oman, Building Official , at 952-249-4600 . Evelyn Turner City Planner City of Orono 952-249-4623 952-249-4616 (fax) 9/29/2008 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: J.Sven Gustafson Stonewood LLC 7407 Wayzata Boulevard #100 Minneapolis MN 55426 TYPE OF APPLICATION: Variances ZONING FILE #08-3350 NOTICE OF COUNCIL ACTION DATE OF NOTICE: September 24, 2008 COPIES: Frederick Peters 3127 Casco Circle Wayzata MN 55391 DATE OF MEETING: September 8, 2008 VOTE: 3 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to have the owner sign the resolution at the City Offices (Monday through Friday 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than September 8, 2009. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. Christine Mattson From: Sent: To: Cc: Subject: Sven Gustafson [sven@stonewood.com] Friday , September 12 , 2008 2 :23 PM Christine Mattson 'Fred C . Peters' RE : 3127 Casco Point Circle Attachments: Hypothetical -keep tennis court.pdf Chris - Page 1 of2 I have attached a mock-up of the concept that we discussed . It does not in clude landscap i ng, etc ... The i dea is: 1. Leave the cou r t as -is . 2. Remove the existing house. 3. Bu i ld a new house in the 250+ zone . The new wo r k and the 250+ zo n e w i ll be 100% complian t . 4 . No additional non -co nform ities will be c r eated , only reductions. Feel free to call to discuss. Otherwise, let me know how staff feels about th is concept, and if we 'd be requ i red to go through the variance p rocess to do this. Sven J. Sv en Gustafson Stonewood, LLC 740 7 Wayzata Blvd. Suite 100 Minneapolis, MN 55426 952-69 7-5590 (main) 612 -26 7-26 70 ( cell) 952-69 7-5591 (fax ) www .Stonewood .com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Friday, September 12, 2008 8:58 AM To: Sven Gustafson Subject: 3125 Casco Point Circle Good Morning Sven , Per our conversation , if you will send me an email with your recent question , I will have staff discuss it at our next staff meeti ng . Thanks! Christine Mt:1ttso1,1, Planning Assistant City of Orono 952 .249.4620 -Planning & Zoning 952.249.4600 -Main 9/12 /2 008 952 .249.4616 -Fax www .c i.orono .mn .us Office Hours : Monday -Friday 8:00 am to 4 :30 pm Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 9/1 2/2008 Page 2 of2 L () USE EASEMENT P 158.01 ---------- :-r----- 'i -12' PVC DRAIN --.,,,, 12.40 -- 480.48 -·-S 75oc,7•00· W ----69.33 _. ..... ,~· .• :' .: ·: ~ ~i ~ a z.; ~~-I',:) 9t~' (JI \ \ _, 60.77 ' PA 110 BLOCKS s 1soa1•00· w 479.59 - ...... .... .. . 8.71 -73.99 -84.38 - MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 8, 2008 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT *3. #08-3350 J. SVEN GUSTAFSON WITH STONEWOOD, LLC, ON BEHALF OF FREDERICK C. PETERS, 3127 CASCO CIRCLE -VARIANCES -RESOLUTION NO. 5765 Rahn moved, Bremer seconded, to adopt RESOLUTION NO. 5765, a Resolution Granting Variances to Municipal Zoning Code Sections 78-1288 and 78-1404, for the property located at 3127 Casco Circle. VOTE: Ayes 3, Nays 0. 4. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF ,I ONEWOOD, LLC, 1785 CONCORDIA STREET -VARIANCES AND CONDITION7 U , E P IT Barb an Kevin Dulin, Applicants; J, Sven Gustafson, Stonewood, LLC; and Kathi Alexan, , Designer, ere present. · / Turner stated t ~pplicants are requesting a hardcover variance to enable them to re}flace the existing structure on the SI . The applicants are requesting hardcover in the amount of 29.. 1 percent in the 75-250 foot zone. h~are also requesting a conditional use permit to rearr the location of the floodplain on the prope . A good portion of the property consists of floo ain and the applicants are prnposing to fill some area ond excovote othen; in o,de, to mainia:. ~• flood stornge capacity. The location of the building s ·te is proposed to be properly elevate/ The Planning Commission review this application on two sep a;.ate occasions, with the applicants making some revisions to their propo ~l. The applicants orig· -lflly were requesting hardcover of approximately 34 percent, which has been decreased to 29.4 percent. The Planning Commission reco~ended denial of both the hard~ove Yariance 7 e ~onditional use permit. .. Planmng Staff would recommend demal of the · -ard , ver vanance but approval of the condit10nal use permit once the site plan is revised to eliminate th ardcover variance and address the City Engineer's concerns. Kevin Dulin addressed the City Council regarding his app · cation, noting that what they are proposing will fix all of the nonconformities curre tfy on the site excep for one. The first issue is that 12 percent of the house lies within the 0-75 foot ne, which would be el" ·nated by relocating the house out of that zone. Gustafson noted that there is 1 .5 percent hardcover in the 0-75 foot setback. Dulin stated a variance to dd an addition to the residence was granted t~ lfoperty in 1988 and that this project would eliminate that variance to the lake setback. The third issue IS the garage side setback. Currently at the clos t point the garage is located 3.3 feet from the property line d they are proposing to relocate the gar · e to make it conform to the side setback requirements. In addition, th property is located in the floodplain. Dulin indicated they experience flo . ing on the property wl never they receive over one inch of rain. They are proposing to eliminate the basement floodplai encroachment and also address the drainage on the property. ~ PAGE3of12 -~ Date Application Received: 2/20/08 Date Application Complete: 2/28/08 Extended Review Period Expiration: Not specified REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner e// Title: City Planner Item Description: #08-3350 J .Sven Gustafson, 3127 Casco Circle -Variances -Resolution Zoning District: LR-IC (0.5 acre) Lot Area: 1.14 acres Lot Width : 100 feet List of Exhibits: A. Resolution per Council direction B. CC Minutes of May 14 , 2008 C . City Engineer's Report Date : September 8, 2008 Item No. Agenda Section: Zoning Administrator's Report Application Summary: To construct a tennis court larger than 1,000 squre feet in the street yard of a replacement residence the applicant requests the following variances: a location variance to place the tennis court between the house and the street, a side setback variance to place it 22 feet from the northerly side property line when a 30 foot setback is required and a hardcover variance to have 37% hardocver in the 250 to 500 foot zone when the maximum is 30% Background: On May 14, 2008 Council directed Staff to draft a resolution approving the variances subject to the Planning Commission 's recommended conditions, to be brought to Council when the grading plan had been revised to the satisfaction of the City Engineer. At Staff's suggestion the Planning Commission recommended landscaping between the tennis court and the street. After reviewing the property Staff determined that preservation of the existing trees around the proposed tennis court would be adequate landscaping. A condition to this effect is included in the resolution (#5 on page 3). COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTINGV ARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1288 AND 78-1404 FILE NO. 08-3350 Council Exhibit A WHEREAS, Frederick C. Peters, a single person, (hereinafter "Owner") is the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1 Colorado Springs Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, J.Sven Gustafson has made application on behalf of the Owner to the City for variances to Municipal Zoning Code Section 78-1404 to allow a tennis court larger than 1,000 squre feet in the street yard of a replacement residence and a side setback variance to place the tennis court 22 feet from the northerly side property line when a 30 foot setback is required WHEREAS, J.Sven Gustafson has made application on behalf of the Owner to the City for a Variance to Municipal Zoning Code Section 78-1288 to allow 37% hardcover in the 250 to 500 foot zone when the maximum is 30%; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 17, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #08-3350. 2. The Property is located in the LR-IC zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 1.14 acres in area and 100 feet in width. 3. The Planning Commission reviewed this application on March 17, 2008 and on Page 1 of 4 a vote of 5 -2 recommended approval of the variances, based on the following findings: a. The proposal will result in a reduction in conforming hardcover in the 75 to 250 foot zone 62 percent to 22.1 percent. Overall hardcover on the lot will be reduced from 21,496 square feet to 13,070 square feet. b. The 1,215 square feet of excess hardcover will be located in the 250 to 500 foot zone. The house will be placed nearly 200 feet from the lake. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1404 to allow a tennis court larger than 1,000 squre feet in the street yard of a replacement residence, to place it 22 feet from the northerly side property line when a 30 foot setback is required and a hardcover variance to have 37% hardcover in the 250 to 500 foot zone when the maximum is 30%, subject to the following conditions: 1. Council approval is based on the site and grading plans submitted by the Owners, annotated by City staff and attached to this Resolution as Exhibit A. Any amendments to this plan may require further Planning Commission and Page 2 of 4 City Council review. 2. Hardcover in the 0-75' zone shall be limited to O s.f. Hardcover in the 75-250' zone shall be limited to 3,870 s.f. or 22.1 %. Hardcover in the 250-500' zone shall be limited to 9,200 s.f. or 37% per the proposed site plan and hardcover allowance summary as depicted on Exhibit B. The owner is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. The fence around the tennis court shall not be higher than 5' 11" and shall be dark-colored vinyl-covered chain link or equivalent with no wind-screens. 4. The tennis court shall not be used for parking vehicles, storage, or other non- recreational purposes. 5. Any existing tree on the site plan not designated for removal that is removed or severely damaged during construction shall be replaced with a similar type tree on a one to one basis, minimum size at planting: overstory -2" caliper, ornamental -1 .5'' and evergreen -6'. 6. The Certificate of Occupancy shall not be issued until an as-built grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 7. Owner shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 8. Authorities granted by this resolution run with the Property not with the owner, but are permissive only and must be exercised by obtaining a building permit for the new construction before September 8, 2009, or the variance will expire on that date. 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 4 10. The undersigned Owner has read, understood and hereby agreesto the terms of this resolution and on behalf of his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of September, 2008. ATTEST: Linda S. Vee, City Clerk Frederick C. Peters STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor This instrument was acknowledged before me this __ day of ______ _,, 2008 by Frederick C. Peters, a single person. Notary Public Page 4 of 4 I I ~ I \__ _____ _ \ EXISTING \ HOUSE \ !-~ \ \ \ \ \ I I / \ \ I I \ \ 1/ '1 /\ i \ / \ 0 REMOVE ASPHALT DRIVE AND 2 EXIST. RET WALLS TO LOT UNE AS SHOWN SALVAGE REMOVED WALLS ANO REALIGN TO CAP / END AS REQ. GRADE SWALE TO DIRECT SURFACE DRAINAGE AWAY FROM ADJACENT PATIO WALLS. STABILIZE SWALE SLOPES WITH MARIFI FABRIC. APPROX. 6 FEET X 40 FEET. (VERIFY) DETAIL 1" = 10' EXISTING ENCROACH!NG PATIO = 540 SF DRIVES= 230 SF TOTAL =770 SF 230SF TO BE REMOVED \ '\ \ 0-75 AREA EXISTING CONG PATIO PROPOSED OSF 0% REDUCTION 7500 SF i ! 150 SF /2.0% 150 SF _\ \ \ I \ I i ' I : ) '' I ~---•''' I J EXISTING \ \ HOUSE \ HARDCOVER 75 -250 AREA = 17500 SF X 25% = 4375 SFHCA EXISTING 10846 SF /62% PROPOSED HOUSE= 3127 SF FPORCH = 144 SF DECKS = 466 SF DRIVE = 10 SF WALK = 65 SF CSTPS = 58 SF TOTAL= 3870 SF {22.1% OF LOT AREA) >500SF NET REDUCTION = 6976 SF TOTAL HC REDUCTION = 8426 SF \ \ \ GRADE AREA NORTH OF DRIVE TO DIRECT DRAINAGE TO ORNE \ AS MUCH AS POSSIBLE CONSTRUCT DRIVE WITH 2.5% CROSS \SLOPE TO SOUTH ~~~~T~b~(HE EiMowER 250 + AREA = 24800 SF X30% = 7 440 SFHCA EXISTING 10500 SF/41% PROPOSED HOUSE = 535 SF DRIVE = 3620 SF WALK = 35 SF STEPS = 40 SF TENNIS CT. = 4970 SF TOTAL= 9200 SF {37% OF LOT AREA) <1760 NET REDUCTION 1300 SF \ I I ---------- PROPOSED ELEV A TIONS -- I j I I I I ~~?g~ r68~~;Tl6~2-2 959.3 {VARIES) UNDER GARAGE FLOOR = 952.0 LOWEST FLOOR=950.5 SOD ALL SURFACE GRADED AREAS 0 0 20 40 60 SCALE IN FEET 1,.oJo'I-"" = EXISTING SPOT ELEVATION. X(998.0) = PROPOSED SPOT ELEVATION _,,,,¢. · · · ·. = DIRECTION SURF ACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEVATION LFE == LOWEST FLOOR ELEVATION LEGAL DESCRIPTION LOT 2, BLOCK 1, COLORADO SPRINGS ADDRESS -3127 CASCO CIRCLE PID#20-117-23-34-0022 LOT AREA = 49900 SF/ 1.14 AC H<.,L.,c::;E, PC.RC'H, DEC'KC::: <:;F = 4?7? / S."1% LC,T SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEV A TIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY Resolution Exhibit A -Address:. ________ .. _z.----=-=t-'---__ U~· .... $....,c.-=-o _ ____;c.,,;.._;..a,"R.;,,..'-;::;..:;;_'-....::€==-------Date: o 2 · I q · o 8' . . Prepared by:. ___ -,--____ _.,.,5+-o=----"-rtk::\AJ..c;.c...-=..;.........,;;oc::-c:0e'---.,_/--1,-l-_L-_C ___ _ Resolution Exhibit B HARDCOVER CALCULATION WORKSHEET ~E_TBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck ' F. Landscape Underlain By Plastic I G. Retaining Walls . · H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - s 75-250' 250-500' X = Width X = X = X = X = X = ·x...:.. = X = X = X = X = X = X = X = X = + B _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ------X ------= B. Garage C. Driveway D: Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X Width = = = = = = = = = = = = = = 500-1000' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. t'Se S.F. S.F. S.F. S.F. S.F. S.F. S.F. _ S.F. A S.F. B % 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. A .,. B ______ S;F. ---=-,fZ)~-=--S.F. A ___ -=t--'--""::5,,.,:::0;...:0~-S.F. B ______ x100 = ---..l!:0G.--==----% #3350 -23 - Address:. ______ _._~ 'Z;f C,+.sco Cff?Cl-~ Date: OZ· 11 · Oo Prepared by:. ___ ~ ______ S{.o_· ...__~-=· =-o____,;:;;cr::>c;...;..__._(..,.., ___,L--=L_L ___ _ ~EJBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck ' F. Landscape Underlain By Plastic G. Retaining Walls . · H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A, HARDCOVER CALCULATION WORKSHEET 0-75' X X X X X X -x..:.. X X X X X X X X + B 9250.500· = Width = = = = = = = = = = = = = = _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ------X ------= B. Garage C. Driveway o: Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Length X X X X X X X X X X X X X Width = = = = = = = = = = = = 500-1000' 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 .. 10t'if, S.F. A \"':f-500 S.F. B 62.. % 3l2r S.F. \L.{L.{ S.F. s~ S.F. S.F. 10 S.F. S.F. ,s S.F. S.F. l.\ ""' S.F. S.F. S.F. S.F. S.F. S.F. G. Retaining Walls H. Other X = ______ S~F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A + B ______ x100 -23 - 31S :f:0 S.F. A \-=t-20Q S.F. B #3 32-5 0% Address: ________ 3_1 '2.._::,. __ C_A__..,5,____C_O_--=C ...... 1 ...... R_(..._L..._~ ___ Date: oz· l°t · ~ Prepared by: _________ 5+,.:;:, __ n.e_,_W~e:>_cc/_......,...___,L=..:L-c.--'--------- I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250~ 500-1000' EXISTING HARDCOVER IN ZONE A.· House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE \0500 S.F. A TOTAL PROPERTY AREA IN ZONE 2~~0Co S.F. B A + B X 100 = Lil % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) 5°?$ A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = ?'-.Z.0 S.F. X = S.F. D. Sidewalk X = "3,$ S.F. S"f"er'S X = 1..-\0 S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other~ ..,..~N'~ er X = 44-=l-@ S.F. TOTAL HARDCOVER IN ZONE 92..00 S.F. A TOTAL PROPERTY AREA IN ZONE 2'1i'2>0 S.F. B A + B X 100 = 7,-=1,-% -23 -#3 35 0 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2008 7:00 o'clock p.m. Council Exhibit B at 1150 Wyndmere Road. 10. #08-3350 J SVEN GUSTAFSO FOR FREDERfC~PETERS, 3127 CASCO CIRCLE -VARIANCES J. Sven Gustafson, Stonewood, LLC, and Frederick Peters, Property Owner, were present. Gustafson stated they are proposing to construct a tennis court larger than 1,000 square feet in the street yard of a replacement residence and are requesting a variance to allow them to locate the tennis court between the house and the street; a side setback variance to place the tennis court 22 feet from the northerly property line , and a hardcover variance to have 37 percent hardcover in the 250 to 500 foot zone. The owner is proposing to remove the existing house and tennis court and construct a new house and tennis court. The new house would be located where the rear portion of the existing tennis court is . The new tennis court would be located between the birch trees in the island in the existing driveway and the street. The net result of the proposal would result in a reduction in the hardcover. The topography of the site is steep and is a challenging lot to locate the house in a location that conforms with Orono 's codes. Gustafson indicated the location of the residence is pretty limited to the proposed location given the various setbacks that would need to be complied with. Rahn asked whether it would make sense for the City to have city-owned tennis courts rather than have individual property owners construct tennis courts on their lots. Gustafson stated if the applicant is unable to relocate the tennis court, he would likely remodel the residence and leave the tennis court as is. Murphy asked whether the drainage issues have been resolved. Kellogg noted there was an easement granted to the neighboring property owner that restricts what can be done on this site. Turner stated the present drainage does not function adequately and that the neighbor has indicated he is fine with the location of the house. Gustafson stated basically the street side of the property drains to the area that is delineated in red on the overhead and that they would like to pitch the driveway to the south more to help drain the water away from the neighbor 's easement and help direct the runoff across the property. Kellogg pointed out the orientation of the garage also restricts the ability to construct a swale in that area. Kellogg noted they would be visiting the property tomorrow to review the drainage situation and that it is likely the applicant would need to submit some drainage calculations and a revised drainage plan showing how they would handle the runoff. PAGE 9 of13 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 14, 2008 7:00 o'clock p.m. (10. #08-3350 J SVEN GUSTAFSON FOR FREDERJCK PETERS, 3127 CASCO CIRCLE, Continued) McMillan asked whether rain gardens are being considered. Gustafson stated there was a very limited discussion on that at the Planning Commission meeting and that no further consideration has been given to rain gardens. McMillan noted one of the recommendations of Staff was the incorporation of rain gardens. Turner stated Staff is recommending that the applicant incorporate whatever methods are recommended by the City Engineer and that rain gardens may not be required if a better alternative is recommended. Peters stated to his recollection the videotape taken by his neighbor shows a major rainstorm that occurred approximately three years ago and that normally the runoff is not as severe as what was depicted in the tape. Peters noted he has removed a couple of large trees to help with the runoff situation. White stated if the drainage issue is not resolved, the project cannot occur. Murphy commented the question is whether the application should be tabled or subject to approval of the city engineer. Kellogg stated if the application is approved with a number of conditions, someone would need to monitor the application to ensure that all the conditions were completed. Turner noted Staff has not prepared a resolution for this application and that the City Council could direct Staff to draft a resolution at this time but not to bring it forward to the City Council until the issues relating to drainage are resolved to the satisfaction of the City Engineer. Murphy moved, Rahn seconded, to direct Staff to draft a resolution for Application #08-3350, J. Sven Gustafson, 3127 Casco Circle, approving the variances subject to the engineering/drainage issues being resolved to the satisfaction of the City Engineer, and further subject to the recommendations of the Planning Commission listed in the April 14, 2008 Planner's Report. VOTE: Ayes 5, Nays 0. Rahn reporte e did attend the meetin the Gillespie Center last week and that to his recollection the City Council looking for fu er discussion by the parties on how this center would be viable in the future. Rahn s d the me ng was very informative but that he has concerns over the amount of funding being requeste the limited number of Orono residents that utilize the center. Murphy asked whether t ark mayor suggested a joint powers agreement and if that was discussed. but that there was not any further discussion on the subject. PAGE 10of13 :ouncil Exhibit C 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com August 27, 2008 Ms. Evelyn Turner Planner ,# Bonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3127 Casco Circle File No. 000139-08000-1 Plat No. 08-3350 Dear Evelyn: We have reviewed the proposed grading plan dated 5-5-08 and drainage calculations for the site at 3127 Casco Circle. Work proposed for the site includes construction of a new single family home and tennis court. We have the following comments with regards to engineering matters: • All previous comments have been addressed. The grading plan appears to be acceptable. If you have any questions, please call me at (651) 604-4894. Yours very truly, BONESTROO Darren Amundsen Cc: Tom Kellogg I I \ \ ______ _ \ EXISTING \ ~ ,,,,' \ \ I / I \ \ ,,~"'} I / / I I / ' ' I I I '--'-- ' i-'-!,-J,'9) \I \ / \ i I \ I I I I ''-._ ~ \ \ 0 REMOVE ASPHALT DRIVE AND 2 EXIST. RET WALLS TO LOT LINE AS SHOWN SALVAGE REMOVED WALLS AND REALIGN TO CAP / END AS REQ. GRADE SWALE TO DIRECT SURFACE DRAINAGE AWAY FROM ADJACENT PATIO WALLS. STABILIZE SWALE SLOPES W!TH MAR!FI F ABR!C. APPROX. 6 FEET X 40 FEET. (VERIFY) DETAIL 1" = 10' EXISTING ENCROACH!NG PATIO = 540 SF DRIVES= 230 SF TOTAL =770 SF 230SF TO BE REMOVED \ \ \ I \ I \ I I I i I I I i / I I I I I I I I I I 0-75 AREA 7500 SF EXISTING CONC PATIO 150 SF /2.0% PROPOSED OSF 0% REDUCTION 150 SF ' \ \ \ \ I i \ \ i ~,,,,, I j ex1smc \ r--HOUSE j \ HARDCOVER 75 -250 AREA = 17500 SF X 25% = 4375 SFHCA EXISTING 10846 SF /62% PROPOS£0 HOUSE = 3127 SF FPORCH = 144 SF DECKS= 466 SF DRIVE = 10 SF WALK = 65 SF CSTPS = 58 SF TOTAL= 3870 SF (22.1% OF LOT AREA) >500SF NET REDUCTION = 6976 SF TOTAL HC REDUCTION = 8426 SF GRADE AREA NORTH OF DRIVE TO DIRECT DRAINAGE TO DRIVE AS MUCH AS POSSIBLE CONSTRUCT DRIVE WITH 2.5% CROSS \SLOPE TO SOUTH ~~~'/i';JlfrtE E~~EYowER \ 250 +AREA= 24800 SF X30% = 7440 SFHCA EXISTING 10500 SF/41% PROPOSED HOUSE = 535 SF DRIVE = 3620 SF WALK = 35 SF STEPS = 40 SF TENNIS CT. = 4970 SF TOTAL= 9200 SF (37% OF LOT AREA) <1760 NET REDUCTION 1300 SF \ \ J PROPOSED ELEV A TIONS ! I I ~~~Ag~ ~63~~;Tl~t 2 ·2 959.3 (VARIES) UNDER GARAGE FLOOR = 952.0 LOWEST FLOOR=950.5 SOD ALL SURFACE GRADED AREAS 0 0 20 40 60 SCALE IN FEET i-<o'-1-'!:> = EXISTING SPOT ELEVA T10N. X(998.0) = PROPOSED SPOT ELEVATION ...# .• · · = DIRECTION SURF ACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE "" TOP OF FOUNDATION ELEVATION LFE = LOWEST FLOOR ELEVATION LEGAL DESCRIPTION LOT 2, BLOCK 1, COLORADO SPRINGS ADDRESS -3127 CASCO CIRCLE PID#Z0-117-23-34-0022 LOT AREA = 49900 SF/ 1.14 AC HC,USE, PC.RCH, DECK<::; <::F = 4?7? / S.'i% LU SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEV A TIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: J.Sven Gustafson Stonewood LLC 7407 Wayzata Boulevard #100 Minneapolis MN 55426 TYPE OF APPLICATION: Variances DATE OF MEETING: April 14, 2008 ZONING FILE #08-3350 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 21, 2008 COPIES: Frederick Peters 3127 Casco Circle Wayzata MN 55391 VOTE: 5 FOR 0 AGAINST Motion: To direct Staff to prepare a resolution approving the variances, to be considered when the City Engineer has approved the grading plan. The City Engineer wishes to meet on site with you, Mr. Peters, Mr. Dudley, and the surveyor once revised plan with the requested information has been submitted. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com August 5, 2008 Ms. Evelyn Turner Planner #eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3127 Casco Circle File No. 000139-08000-1 Plat No. 08-3350 Dear Evelyn: We have reviewed the drainage calculations prepared by Peter Knaeble for the site at 3127 Casco Circle. Work proposed for the site includes construction of a new single family home and tennis court. We have the following comments with regards to engineering matters: • The drainage area maps and associated calculations appear to have been completed in accordance with generally accepted engineering practices. However, we cannot approve them until we have a revised grading plan to compare them to. • The revised grading plan should address comments noted in our 4-15-08 review letter as well as items discussed at our site visit with Randy Stern. Once we have the updated grading plan we will complete our review. If you have any questions, please call me at (651) 604-4863. Yours very truly, BONESTROO Tom Kellogg Evelyn Turner City Planner City of Orono P.O . Box 66 Crystal Bay, Minnesota 55323 Stonewood LLC 7 407 Wayzata Boulevard# 100 Minneapolis MN 55426 I request that the time for consideration of my application for variances at 3127 Casco Circle (Zoning File #08-3350) be extended until _______________ _ (date) t '{o"'- ~ \\.l. ~')~ c.--f'--( -j; ,s~v-c..yac; CITY of ORONO June 12, 2008 J.Sven Gustafson Stonewood LLC 7 407 Wayzata Boulevard # 100 Minneapolis MN 55426 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices NOTICE OF EXPIRATION OF TIME FOR REVIEW SUBJECT: Zoning Application #08-3350 (3127 Casco Circle) Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Because it was not possible to complete consideration of your request within 60 days of the date this application was complete the City extended the time allowed for consideration for an additional 60 days, until June 27, 2008. By State Statute this is the maximum time the City is allowed to consider an application, unless you request an extension. If the City fails to act within the 120 days your request is approved so we are very careful about this deadline. A form is attached for you to request an extension. The last Council meeting before is June 23. Unless the enclosed form is received by mail or fax before Noon on June 23 Staff will place your application on the June 23 agenda with a recommend for denial. Please call me at 952-249-4623 should you have any questions. Sincerely, City of Or9J10 /"··"'·'· _,.>/ 7./ --·-'" l,/ Evelyn Turner City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date Application Received: 2/20/08 Date Application Complete: 2/28/08 Extended Review Period Expiration: 6/27/08 REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner Title: City Planner Item Description: Administrator Approval: #08-3350 J.Sven Gustafson for Frederick Peters, 3127 Casco Circle -Variances Zoning District: LR-lC (0.5 acre) Lot Area: 1.14 acres Lot Width: 100 feet List of Exhibits: A. PC Action Notice dated March 18, 2007 B. PC Memo & Exhibits of March 17, 2008 C. Draft PC Minutes of March 17, 2008 Date: April 14, 2008 ItemNo. /0 Agenda Section: Application Summary: To construct a tennis court larger than 1,000 squre feet in the street yard of a replacement residence the applicant requests the following variances: a location variance to place the tennis court between the house and the street, a side setback variance to place it 22 feet from the northerly property line when a 30 foot setback is required and a hardcover variance to have 37% hardcover in the 250 to 500 foot zone when the maximum is 30%. Planning Commission Recommendation On March 17, 2008, Planning Commission voted 5 to 2 to recommend: A. Approval of the hardcover variance subject to: 1. Provision of rain gardens or other measures to control the amount, rate and quality of runoff (to be approved by the City Engineer before final approval is granted). 2. No additional hardcover in the 75 to 250 foot zone. B. Approval of the setback variances conditioned on: 1. The court not being enclosed by a fence higher than 5' 11 ". 2. The fencing being dark-colored vinyl-covered chain link or equivalent with no wind-screens. Zoning File 08-3350 April 14, 2008 Page 2 of2 3. The court not being used for parking vehicles, storage or other non-recreational purposes. 4. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. (This plan to be submitted before the application is considered by the City Council.) Staff waived this requirement because the applicant never received the mailed notice of the Planning Commission action and was unaware of it until April 9. After the Planning Commission meeting Planning Staff met with Ron Dudley, neighboring property owner to the north. He provided information concerning the existing serious drainage problems and the status of his patio and steps that are on the Applicant's property by means of an easement. The drainage information will be passed on to the City Engineer when he reviews the revised grading plan. The Applicant has been instructed to remove the area of the easement and the hardcover within it from the hardcover calculations for the property. The percent of hardcover in the 75 to 250 zone will increase slightly. Planning Staff Recommendation Approval of the variances with the conditions recommended by the Planning Commission. COUNCIL ACTION REQUESTED Direct Staff to draft a resolution denying or approving the variances, the latter for consideration when the landscape and grading plans are acceptable to the City Engineer. ZONING FILE #08-3350 CITY OF ORONO 2750 Kelley Parkway POBox66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 18, 2008 TO: J.Sven Gustafson Stonewood LLC 7 407 Wayzata Boulevard # 100 Minneapolis MN 55426 TYPE OF REQUEST: Variances COPIES: Frederick Peters 3127 Casco Circle Wayzata MN 55391 DATE OF MEETING: March 17, 2008 Planning Commission recommended: A. Approval of the hardcover variance conditioned on: 1. Provision of rain gardens or other measures to control the amount, rate and quality of runoff (to be approved by the City Engineer before final approval is granted). 2. No additional hardcover in the 75 to 250 foot zone. B. Approval of the setback variances conditioned on: 1. The court not being enclosed by a fence higher than 5' 11 ". 2. The fencing being dark-colored vinyl-covered chain link or equivalent with no wind- screens. 3. The court not being used for parking vehicles, storage or other non-recreational purposes. 4. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. (This plan to be submitted before the application is considered by the City Council.) VOTE: 5 FOR 2 AGAINST Applicant's next scheduled meeting is tentatively*: City Council-April 14, 2008 -Meeting starts at 7:00 pm *To be on this agenda the landscaping plan must be received before March 31. You may submit the water management plan at the same time or wait until after the April 14 meeting (to see if Council is inclined to approve the request). If you choose the latter final action would not come until April 28 at the earliest. A Date Application Received: 2/20/08 Date Application Considered as Complete: 2/28/08 60-Day Review Period Expires: 4/28/08 To: From: Date: Subject: Chair Kempf and Planning Commission Members Ron Moorse, City Administrator Evelyn Turner, City Planner March 17, 2008 #08-3350 J.Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle -Hardcover and Setback Variances -Public Hearing Zoning District: LR-lC (0.5 acre) Lot Area: 1.14 acres Lot Width: 100 feet Application Summary: To construct a tennis court larger than 1,000 squre feet in the street yard of a replacement residence the Applicant requests the following variances: 1. A location variance to place the tennis court between the house and the street, 2. A side setback variance to place it 22 feet from the northerly property line when a 30 foot setback is required, and 3. A hardcover variance to have 37% hardocver in the 250 to 500 foot zone when the maximum is 30%. Sta.If Recommendation: If the Commission determines granting the hardcover variance is appropriate, Planning Department Staff recommends approval with conditions. Pertinent Zoning Ordinance Sections 78-1288 Hardcover 78-1404 Tennis Courts List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. AreaMap E. Site Plan F. Site Plans with existing and proposed hardcover highlighted G. City Engineer's Report H. Comments from Neighboring property owners Background This lot was divided from the property at 3125 Casco Circle in 1983. The existing tennis court was built in 1976 accessory to the house at 3125. It was allowed to remain as part of #08-3350 March 17, 2008 Page 2 of4 the plat approval not withstanding the fact that the hardcover in the 75 to 250 foot zone was well in excess of 25%. The house was constructed in 1984. The owner proposes to remove the existing house and tennis court and construct a new house and tennis court. The new house would be located where the rear portion of the existing tennis court is. The new tennis court would be located between the birch trees in the island in the existing driveway and the street. It would be enclosed by a 5' 11" fence to avoid being counted as structural lot coverage. The court would be located three to five feet below street level. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 1.14 acres Lot Width 100 feet 100 feet Structural Coverage: Allowed Existing Proposed 7,470 s.f. 15.00% Not provided 4,272 s.f. 8.5% Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover* hardcover 0-75 7,500 s.f. 0 s.f. 150 s.f. 0 s.f. 0% 2% 0 75-250 17,500 s.f. 4,375 s.f. 10,846 s.f. 3,870 s.f. 25% 62% 22.1% 250 -500 24,800 s.f. 7,440 s.f. 10,500 s.f. 9,200 s.f. 30% 41% 37% Total for 52,800 s.f. 11,815 s.f. 21,496 s.f. 13,070 s.f. Property * Not including any plastic or fabric under landscaping. Variances There are specific regulations for tennis courts over 1,000 square feet that require them to be 30 feet from side and street property lines and not between the house and the street, even on a lakeshore lot. The tennis court would be 31 feet from the southerly property line, 23 feet from the northerly property line and 30.5 feet from the right of way of Casco Point Road. City policy allows the unused portion of the hardcover allowance for one zone to be carried over to a zone that is farther from the lake. There is 500 square feet of unused hardcover in the 75 to 250 foot zone. Applying this policy would reduce the percentage of proposed #08-3350 March 17, 2008 Page 3 of 4 hardcover in the 250 to 500 foot zone to 35.08% or 1,255 square feet more than allowed. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering 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 undue hardship 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. Issues for Consideration Should this request be viewed as a reduction in hardcover or a request for additional hardcover? Practice has been to not consider any existing improvements when the existing house is being totally removed. There would be no grounds for approving a variance to accommodate a tennis court since reasonable use of the property exists without it. If the Owner chose to "remodel" the existing house without increasing or relocating hardcover or requiring other variances all the hardcover on the property could remain. Is it in the City's best interest to accept a significant reduction in hardcover rather than wait for the property to redevelop? Since the tennis court will not have the usual enclosing fence is it reasonable for it to be located between the street and the house? Setting aside the hardcover issue, the property could have a patio or hard surface play area between street and the house as long as it was not surrounded by a fence taller than six feet. The portion of the street yard between the house and 30 feet from the street right of way could be enclosed by a six foot privacy fence. The code has special provisions to allow accessory structures of less than 1,000 square feet between the house and street for lakeshore lots. Detached garages less than 1,000 square feet can be located 10 or 15 feet from the street as long as the overhead door faces to the side or rear. Other accessory structures less than 1,000 square feet must comply with the street setback for a principal structure. Would the proposed tennis court be less obtrusive than a 999 square foot accessory structure in the same location? Are there any other issues or concerns with this application? Staff Recommendation A. If the Planning Commission determines it appropriate to grant the hardcover variance Staff would recommend it be conditioned on: 1. Provision of rain gardens or other measures to control the amount, rate and quality of runoff (to be approved by the City Engineer before final approval is granted). 2. No additional hardcover in the 75 to 250 foot zone. B. Staff would recommend approval of the setback variances conditioned on: 1. The court not being enclosed by a fence higher than 5' 11 ". #08-3350 March 17, 2008 Page4 of4 2. The fencing being dark-colored vinyl-covered chain link or equivalent with no wind- screens. 3. The court not being used for parking vehicles, storage or other non-recreational purposes. 4. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. (This plan to be submitted before the application is considered by the City Council.) PC Exhibit A __ Erf!f)LJ_(.jtrff :_________ _ _______ 0 ro no J . .S'lertUUiiaf;oo .. -~ -~ --,pplication ____ $bt1ewoo<1 LLC~.'1- 7401 wa~_Sl_yl_ tt o~-----__ -~JlH!~fu __ mN __ :nfl.(o~_ __ ----~Vtt:L@~bt\e.w_oed_ co~L q52--{pq7 -55qo _____ _ Application # Date Received: Staff: Fee: $600 --'---------Renew a I: $250 --------A ft er -the-fact: $1,200 Double Fee Escrow Fee: $600 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: (\ft.\~ c,rci:I• M~ Site Address: ~\z.-7 c .. -;co Property Identification Number (PIN): 'Z.o-\\,-"L."'?-"3'-i-011-Z.L Date Property Acquired (month/year): -:s-...... -(... '2,oo'-1 □ Yes, I own the adjacent parcels. Zoning District: L~ \ '-_ ~---'------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: ~t'~ ~ .. ,c..:i---. c. 'P-c-t-crs Phone (home): ____________ Phone (work): ~s1.--'13i?-11.fao ')( -z...11 Complete Address: s\'2.f e,,,.,,fco drc.)-<-- City, State & ZIP or .. .-l 0 ~ N .H31 I Email: ~ f-c..,tu '>@ '-' Sc:-i y \ . co~ Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone (home): ------------Phone (work): Complete Address: City, State & ZIP Email: Fax: -------------------- DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): W<.. ( e1u0-t 4'1. \o,r h," . .'I c ,<_ o. ...S -fht5 i''"if'~,-t-/ 'Tn (o r-J'!i:t'.r<t c:t "I. IS 1'•t>•L -14-# 3 3 5 0 REQUIRED SUBMITTAL$: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • 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 the 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 o{ this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commissi nd Council. If an applicant and/or owner is unable to attend a scheduled meeting, plea e arrangements to have an authorized representative attend in place of the applicant/o r nd advise the City Planner assigned to your project. Applicant's Signature: Date: 1-/ t 'J /o "6 Applicant's Signature: Date: r I Owner's Signature: Date: ~/13/~g, Owner's Signature: Date: ' I f .,,,1 -15-#3350 City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) For Office Use Only :JApA 1 " City Planner: ~-c,1,/vt,vG Meeting Date/Time : 1/h0/ ·2£ PC Date: 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. PROPERTY INFORMATION: · Site Address: '.? \1.-1 C/ii. ( CO 0t vi,I ,l, Property Identification Number (PIN): 7-0 -II 1--z.. "3 ~ 3'1 -o o-z..-z_ ----~-~~-~------------- 2 on in g District: l ~I l,,, Size of Property: ~A'-'--t'-'yr-n'/-.,__---+-~--+,'f,-o_~_t> ____ _ DESCRIPTION OF REQUEST: ~□ f-verage Setback ~ide Yard Setback . □ Rear Yard Setback "tsril-!ardcover 250 '-500 ' b 'i.otWidth □ Lake/Front Yard Setback Hardcover 0'-75' ~ardcover 75'-250' □ Hardcover 500'-1000' Lot Coverage □ Lot Area □ Other: Applicant's HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials : Owner's Form, understands it as it has been explained to them , and is aware that it must be Initials: completed and submitted in conjunction with their formal variance application . Applicant 's BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials : incurred in review of this application and/or additional staff time not covered in Owner's ini ~lication fee, as well as provide an escrow in the amount Initials: $ to guarantee payment of the above. *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: __ 0 __ ~------------- Owner Signature: ~ Date: ------ Date: c:2/;.3/PJ' -9 -#3350 of Hardship Documentation form 1. The property, as it currently stands, has a tennis court on the lake side. This court has existed on the property for many years, and is a major factor in the non- conformity of the property with current hard cover limitations. The applicant is proposing to move the court to the street side in the interest of limiting the amount of hardcover that is required for the court, while balancing the location of the home to meet the new requirements of the building height calculations. While the home could be re-positioned, to enable the applicant to more closely meet the hardcover requirements, site topography, prohibits these changes, as additional variances to building height would then be required. 2. The topography of the site requires the tennis court to be in one of two locations - toward the lake, as it exists presently, or toward the street side. Applicant favors street side in the interest of protecting the beauty of the lakeshore, for maintenance purposes, and in the interest of keeping the run-off as far form the lake as is possible, allowing for control through rain gardens or other water features. The topography of the site dictates the location of the home, driven by the building height rules. One of the features of this property that attracted the applicant to the property is the tennis court. Since moving to this location, tennis has become an integral part of their family life. 3. A tennis court currently exists on the property, and several tennis courts exist along the various Casco streets. Courts exist at 2975, 2835 & 3225, and all are on the street side of the property. 4. Economic considerations are not the primary factor. 5. This application does not concern matters of sunlight or that of earth sheltered construction. 6. Our requested uses are not prohibited under any other sections of the zoning code. All other requirements are met, or exceeded by our application. 7. Not Applicable. 8. See items #1 and #2 9. Repeated from #2 -The topography of the site dictates the location of the home, driven by the building height rules. One of the features of this property that attracted the applicant to the property is the tennis court. Since moving to this location, tennis has become an integral part of their family life. 10. Section 462.357, Sub section le of the Minnesota state statutes outlines the following rights for property owners, and restrictions on local zoning codes. #3 Regarding Nonconformities it states "(a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year" We believe that we meet the requirements of this section, but are asking for a variance of less than currently exists on this property. Our application brings this property much closer to conformity that currently exists and cures many existing non-conformities. 11. It will not. 12. It does. Without this variance, the applicant is unable to build the tennis court that exists on the property. Hardship statement: 335 Address:. _______ ._3_ -r CA:S. c, o l.-\]':C.t-€ Date: 0"2 · le=t · og- Prepared by:. ___ .,....-_.;__ __ .... ~=-..;'---...::.rtk:vv-=-_=.;'"""'--"o:::...o::::,c-.:c._-'-/-1,'---L-_L-_L ___ _ HARDCOVER CALCULATION WORKSHEET ~E_TBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck ' F. Landscape Underlain By Plastic G. Retaining Walls . · H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A - ® 75-250' 250-500' X = Width X = X = X = X = X = x...:.. = X = X = X = X = X = X = X = X = + B _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ------X ____ __;,_ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X + B Width = = = = = = = = ·= = = = = = X 100 = -23 - 500-1000' 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. A S.F. B % 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. fZ> S.F. -=t-500 S.F. 0 #335 A B -;; z.;} Address:. _______ ~ CA-.sco Date:~2· /1 · Oo Prepared by:. ___ -,--_____ ...;;;S{-o'--· -'---~.c.-..=· =--o~t0...;;.c___._( ,,_, __.L_L=---L ___ _ HARDCOVER CALCULATION WORKSHEET ~EJBACK ZONE: (CIRCLE ONE) 0-75' §2so-soo· 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk -X<. = S.F. X = S.F. E. Patio/Deck ' X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. _ TOTAL HARDCOVER IN ZONE 10i~G S.F. A TOTAL PROPERTY AREA IN ZONE \-=l-500 S.F. B A + B X 100 = 6l.. % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) 312:,-A. House X = S.F. fo~LI-\"' Length Width \Lit.{ X = S.F. s-roo'PS X = sea S.F. B. Garage X = S.F. C. Driveway X = 10 S.F. X = S.F. D; Sidewalk X = ,s S.F. X = S.F. E. Patio/Deck X = '-·Ho~ S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = SF TOTAL HARDCOVER IN ZONE ~JS-:f-0 S.F. A TOTAL PROPERTY AREA IN ZONE i -=l-60 a> S.F. B A + B X 100 = z-z.. % -23 -#3 3 Address: ________ 3_1 'Z.._~ __ C_A __ s'-c_o_--=C~J ....... r2_L_.-_e-___ Date: oz· t er· o:g Prepared by: _________ 5-f.,o __ ne_,-"--w--=o_,pc/___,_ __ ___.L=-=L-'-L. _______ _ I HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250~ 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. c. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE \0'500 S.F. A TOTAL PROPERTY AREA IN ZONE 2~g0a, S.F. B A ~ B X 100 = Lt\ % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) 5°?S A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = ?"-Z.0 S.F. X = S.F. D. Sidewalk X = "3,$ S.F. S"f"~?'S X = 1.-\<Z' S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other~ -r~N'.:> er X = 44 ":r@ S.F. TOTAL HARDCOVER IN ZONE 92.00 S.F. A TOTAL PROPERTY AREA IN ZONE 21.1100 S.F. B A .,. B X 100 = ~~ % -23 -#3 35 Hennepin County Variance Map i' I -·-·-·-·-·-·-·-·-·-·-·-·-·- 29-117-23-21 Parcel Information: Parcel ID: 20-117-23-34-0022 Owner Name: FREDERICK C PETERS Parcel Address: 3127CASCO CIR ORONO MN, 55391 lll~ffdualSO • _ ,., I ... 29-117-23-12 -;::,·t ~: 'if.'~: D (3 /) '-- ................. , ,.... ...... -'\ -1-\ \ \ I \ I I I \ \ I Date Printed: 2/12/2008 3:09:53 PM #3350 1 http://tsgis/Mai1ingLabels/popMap .aspx?LayerID=94&0bjectID= 18815 8&Buffer= 150&C... 2/12/2008 ,I / "' "' \ i~;B S / _,_1 ......._ t • ---: ; I I ,; i ;_ --rg~·· , . \ ~g~-'.) ,:.. -\-- I I _-.- ' \ \ \>-'" ,-i \l00 -~---Jgp1 .9 \ \ ' .. •,, \ I I I I \ i ' r \ SITE: PLAN ./ I I I ,_--; r:"~ .. ,;,1', ·~ "'I :',_ I.. ,v gi 'I II ,I I d 1/ 1, ,:; =_:, :, ~ ii I r I 10 I :E <D w 'P t ~ ,:i : :i' ~ ~-, ~\· F ,,~Eif,G VC,t:,.iC,l-' --_j 9661"t'/ -PC:;N 961 ·; • 965'.:,'l--a,"te\.,_ oc6ic~=--_.::~ 7" ""® ,. L,.· •,e,•"t./1'?\... 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( ~ .c:: I ---_,,. ~9"" ~ '··-.: :,r<1\t.. _"\---I I I I I I · (27f>:: ( ( ( ' a-\ Q' 0 /fl I J_o,? / St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 4, 2008 Ms. Evelyn Turner Planner #eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3127 Casco Circle File No. 000139-08000-1 Plat No. 08-3350 Dear Evelyn: We have reviewed the grading plan for 3127 Casco Circle dated 2-13-08. The plans propose to construct a new single family home and tennis court. We have the following comments with regards to engineering matters: • The plans should show the driveway extending all the way to the road. In addition, any proposed grading within the right-of-way, including contour lines and spot elevations, should be shown on the plan. • The plan should indicate where the existing catch basin shown to the west of the proposed tennis court outlets to. • It appears a proposed 952 contour line is missing along the south lot line. • The area between the garage and the north property line should be shown in more detail and at a larger scale. This area should identify all removals and show all proposed grading, including contour lines and spot elevations. Any proposed retaining walls should be shown, including top and bottom of wall elevations. Slopes should not exceed 3:1. • The plan should provide information about restoration of areas in which removals are to occur, such as the tennis court and concrete patio by the lake. • The plans should show the existing sanitary sewer running between the house and the lake, as well as any manholes. • The City should determine if it already has an existing utility easement over the sanitary sewer. If not, a 20' wide utility easement should be provided over the existing sanitary sewer. If you have any questions, please call me at (651) 604-4863. Yours very truly, BONESTROO Tom Kellogg Evelyn M. Turner From: Greg Becker [greg_becker@msn.com] Sent: Thursday, March 13, 20081:38 PM To: Evelyn M. Turner Cc: ralphkempf@realtor.com; Tessa marchessault Subject: Formal Protest of land use variance request on Property 3127 Casco Circle #08-3350 To: Evelyn Turner City Planner From: Greg Becker Resident 3133 Casco Circle Subject: 3127 Casco Circle# 08-3350 Land use Variance Request March 6th -Posted Sun Sailor March J1h: -Post mark date of formal mailing March 8th -Receipt of formal mailing March 12th -Date requested for comments March 13 th -No plans available for public review (see below) March 17th -Date posted for Public Hearing Page 1 of2 On Thursday 3/13/ 08 I physically went to Orono City Hall to review plans for subject property land use application. The application notice stated existing house and lakeside tennis court are being removed and replaced by a new house and street side tennis court. It was my intent to review plans for this application in its entirety and not just street side tennis court variance request. Both Barb and Monica from front office verified with Chris Matson that plans had not been submitted were not available for public review. Please consider this a "formal protest" ofland use application variance request 08-3350 based on the following: 1. As of this date no plans available for public review and if they do become available prior to 3/1 7 ... lack of sufficient time to review 2. Many of the neighbors are on spring holiday or winter vacations and are not planning to return until after April 15 th .. Providing limited comment time. 3. Strong unfavorable position towards building a tennis court on street side of subject property for recreational purpose ( no hardship) requesting a 23 % increase in "hardcover" variance from 30% requirement to 37% variance 4. Strong unfavorable position towards building a tennis court on street side of subject property for recreational purpose ( no hardship) requesting a 23 % increase in "setback" variance from a required 30 feet to a 23 foot variance. Please consider this a "Formal Protest" if this matter has a public hearing delay please officially provide written notice to neighbors of new hearing date and when plans are available for public 3/14/2008 review. Regards Greg_Becker 612-203-0198 greg becker@msn.com 3/14/2008 Page 2 of2 Note: Unfortunately Mr. Becker came during the weekly Building and Planning staff meeting with the City Engineer and City Attorney so no one from Planning was available to speak with him. The request was passed to us at the meeting but was understood to be for the Staff report rather than the application. The Staff report was not completed. Shortly after I received the email I informed Mr. Becker that the application was available for his review. I also gave him directions for accessing the staff report on the City's website. ET Page 1 of2 Christine Mattson From: Ronald G Dudley [ron_dudley@biz-transformations.com] Sent: Friday, March 14, 2008 12:45 PM To: Christine Mattson Subject: Public Hearing March 17, 2008 From : Ron Dudley 3125 Casco Circle Orono Subject: Written Comments -Planning Commission Hearing, March 17, 2008, Land Use application #08-3350 for 3127 Casco Circle Dear Ms. Mattson: I will be out of town and unable to attend the public hearing regarding the request for a hardcover variance to permit 37% hardcover in the 250-500 foot zone of the property located at 3127 Casco Circle. Please accept and present to the Planning Commission these written comments regarding this matter. I am the property owner adjacent to 3127 Casco Circle and thus could potentially be impacted by any new construction. Apparently, the land use application is in connection with a larger plan to construct a street side tennis court, tear down and replace the existing house with a new home and remove the existing lakeside tennis court. In general, I am supportive of seeing a new home built next door and would not wish to hamper Mr. Peters plans. However, it would appear that the application #08-3350 is premature unless a total site plan, that calls for no other variances, has been filed and approved pending the requested 2 variances. I simply do not have enough information about the total plan to know if the concerns I would have about the project have any foundation. My chief concerns would be: 1. The adequacy of the grading, drainage and storm water runoff plan. 2. If Zoning Sec. 78-1404 (Tennis Courts) applies, does the site plan meet the side yard setbacks? 3. Does the site plan meet Sec. 78-1403 on lot coverage? 4. Does the site plan meet Sec. 78-1279 item #6 regarding lakeshore setback for the new home? I am particularly concern about storm water runoff. I believe that the regulations provide that no project will be permitted that that results in water runoff that deposits that runoff on adjacent properties. The 1984 storm water runoff plan that was part of the existing building plan for 3127 Casco was inadequate and I have experienced water runoff problems from that property on to mine for many years. A tennis court on the street yard could exasperate that problem unless the new site plan has a well engineered drainage plan. It would seem impossible to know the impact of storm water run off and the adequacy of the drainage plan unless these plans have been submitted and approved by Orono. 3/14/2008 Page 2 of2 It is also impossible to judge the drainage plan until the location of the new house has been determined. In that regard, I have no idea if the total site plan would comply with the Average Lakeshore Setback provision (item #6) of Sec. 78-1279. I would not be in favor of a variance to that provision. I apologize for not being able to appear in person and hope that my comments are helpful to the Planning Commission on this matter. I would request that you e-mail me a copy of the action taken and also let me know if a total site plan has been submitted and if that plan has an adequate water runoff plan and if the plan complies with the Average lakeshore Setback provision. Thank you for your assistance. Sincerely, Ron Dudley 3/14/2008 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Gaffron stated City Code does not require fencing around a pool and the applicants would be allowed a six-foot fence since it is out of the defined SO-foot setback from the street. · Schoenzeit asked whether the applicants would be erecting a fence. Franchot stated they are planning on constructing a fence, although not a six-foot fence, and they are planning on doing a lot of screening. Zullo indicated she is in agreement that the trees in the back yard should not be removed in order to locate a pool in that area and that she is agreeable to granting the variance. Winer stated in her view the applicants currently have reasonable use of the property and that it was her understanding from the previous hearing that the applicants were going to find an alternate location for the pool in addition to depicting the septic sites on the plan. ?e,::,0Uildll'lq Kempf stated the proposed ~s rather large and would be located in front of the principal residence, which is something that typically is not allowed unless a hardship is demonstrated. Kempf stated he is in agreement that there should be a substantial amount of screening but that he still is not in favor of the application given the fact that in addition to the in-ground pool, there would also be a -struetunl. bu1 \c\\V\C'1 . Kroeger stated there is not a hardship to locate the pool in front of the residence and that the Planning Commission needs to uphold the rules of the City. Kroeger moved, Rice seconded, to recommend denial of Application #08-3335, Douglas and Margaret Franchot, 2010 Colin Drive. VOTE: Ayes 6, Nays 1, Zullo Opposed. NEW BUSINESS 3. 08-3350 J. SVEN GUSTAFSON WITH STONEWOOD, LLC, ON BEHALF OF FREDERICK PETERS, 3127 CASCO CIRCLE, VARIANCE, 6:25 P.M. -7:07 P.M. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. J. Sven Gustafson, Stonewood, LLC, and Frederick Peters, Property Owner, were present. Turner stated the applicants are proposing to construct a tennis court larger than 1,000 square feet in the street yard of a replacement residence and are requesting the following variances: 1. A location variance to place the tennis court between the house and the street; 2. A side setback variance to place the tennis court 22 feet from the northerly property line when a 30-foot setback is required; 3. A hardcover variance to have 37 percent hardcover in the 250 to 500 foot zone when the maximum is 30 percent. This lot was divided from the property at 3125 Casco Circle in 1983. The existing tennis court was built in 1976 accessory to the house at 3125. The tennis court was allowed to remain as part of the plat approval even though the hardcover in the 75-250 foot zone was well in excess of 25 percent. The house was constructed in 1984. The owner is proposing to remove the existing house and tennis court and construct a new house and tennis court. The new house would be located where the rear portion of the existing tennis court is. The new tennis court would be located between the birch trees in the island in the existing driveway and the street. It would be enclosed by a 5' 11" fence to avoid being counted as structural lot coverage. The court would be located three to five feet below street level. The Planning Commission should consider whether this should be viewed as a reduction in hardcover or a request for additional hardcover. The City's practice has been to not consider any existing improvements when the existing house is being totally removed. There would be no grounds for approving a variance to accommodate a tennis court since reasonable use of the property exists without it. If the owner chooses to remodel the existing house without increasing or relocating hardcover or requiring other variances, all the hardcover on the property could remain. The Planning Commission should determine whether it is in the City's best interest to accept a significant reduction in hardcover rather than wait for the property to redevelop. PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. ~c! The Planning Commission should also determine whether it is reasonable for the tennis court to~ b~ )l _1_ r 5\11\c.e.. \'r \>,>l t\Cll" have the usual .@Rele-smg feJJce even tboiigb it i~ located between the street and the house.\ If hardcover Y'\"'\t...~ VS1.tC11\ were not an issue, the property could have a patio or hard surface play area between the street and the e.M\<:.\o i\V\'j house as long as it was not surrounded by a fence taller than six feet. The portion of the street yard f e.V\~ between the house and 30 feet from the street right-of-way could be enclosed by a six-foot privacy fence. The code has special provisions to allow accessory structures of less than 1000 square feet between the house and street for lakeshore lots. Detached garages less than 1000 square feet can be located 10 or 15 feet from the street as long as the overhead door faces to the side or rear. Other accessory structures less than 1000 square feet must comply with the street setback for a principal structure. The Planning Commission should determine whether the proposed tennis court would be less obtrusive than a 999 square feet accessory structure in the same location. If the Planning Commission determines it is appropriate to grant the hardcover variance, Staff would recommend approval be conditioned on the following: 1. Provision of rain gardens or other measures to control the amount, rate, and quality of runoff. 2. No additional hardcover in the 75-250 foot zone. In addition, Staff would recommend approval of the setback variances subject to the following: 1. The court not being enclosed by a fence higher than 5' 11 ". 2. The fencing being dark-colored vinyl-covered chain link or equivalent with no windscreens. 3. The court not being used for parking vehicles, storage or other non-recreational purposes. 4. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Kroeger asked if a tennis court can be 1,000 square feet and still be able to be used for tennis. Gustafson stated that it cannot be. Gaffron noted a standard tennis court is 60' x 120' or 7,200 square feet. Gaffron noted the tennis court being proposed is significantly smaller than the standard tennis court. Kempf asked if a new residence were constructed within the same building envelope whether they would be allowed to keep the existing tennis court. e.\n,c.~ Turner stated typically whenever the principal structure is removed, the accessory ~ilcllfl~S must also be removed. Turner indicated there is some question whether a variance was granted for the existing tennis court and that the City's files do not contain all of the necessary information needed to determine whether a variance was granted at one time. Winer asked if it is in the City's best interests to accept the significant reduction in hardcover. Turner indicated that is one of the issues that the Planning Commission should consider. Turner stated the applicants have submitted house plans but they are not really a part of this application since the house plans are conforming. Kempf commented he would have liked to have seen the house plans to ensure him that the plans are complete. Gustafson indicated he does have a set of plans available here that the Planning Commission could review. Turner stated the applicants could change the house plans but they would be restricted to a certain hardcover number. -~ br-1t/ur ,-evt l wtd .J.ht. ha.,$(.., plRJllS slxvYI hw>1 by (:, u.S l 4s~ Kempffuated he does not see anything glaring on the plans that should be addressed. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Kroeger commented he simply does not want to see a new application sometime in the future asking for a deck or other hardcover if the tennis court is approved. Zullo stated she does not see the need to grant a variance to construct a new tennis court. Gustafson stated the property owner would like to improve his residence to accommodate his growing family and that one of the main reasons why they purchased this property initially was the tennis court. While reviewing their options, it was determined that the house was somewhat outdated, remodeling the structure would be expensive, and that the better option would be to construct a new residence. Gustafson noted they did reduce the size of the tennis court as much as possible but still allow them to have a useable tennis court. Gustafson indicated they have examined a number of options for reducing the hardcover further, and that if 500 square feet of hardcover in the 75-250 foot zone was shifted over to the 250 foot zone, they would be asking for a hardcover variance of 1260 square feet between the two zones. Peters stated one of the primary reasons for purchasing the home was the tennis court. The existing structure has a number of windows and skylights which are currently leaking and need replacement. Peters indicated due to the costs associated with remodeling, he would prefer to construct a new residence. Gustafson indicated they have looked at a number of different options to locate the new residence i-R--& different loeati:fflt and they determined that the proposed location is the best site in order to meet the other zoning regulations. Kang asked what would be done with the land once the existing tennis court is removed. Gustafson indicated the area is relatively flat and they would probably need to import some dirt to level it off to the current grade. Th~ wwld prob Ah '1 .Se el I J . Kempf asked if the retaining walls would be removed. PAGE9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Gustafson stated they would be and the slope would be leveled off. Zullo ·asked whether the runoff drains down the driveway currently. Peters stated when they purchased the property, the front yard was basically a floodplain and the previous owners did not attempt to maintain grass in that area. Zullo commented the tennis court would be additional hardcover and add to the runoff to the lake. Gustaf son indicated the grading they are proposing would help to slow the runoff down and help with the runoff. In addition, they are proposing to make the driveway more level, which should also improve the situation. Acting Chair Kroeger opened the public hearing at 6:47 p.m. There were no public comments regarding this application. Acting Chair Kroeger closed the public hearing at 6:47 p.m. Kroeger read into the record an e-mail from Greg Becker, 3133 Casco Circle, stating his opposition to the project, and an e-mail from Ron Dudley, 3125 Casco Circle, also stating his opposition to the project. Some of the concerns raised by the two neighbors included grading and drainage, side yard setbacks and lakeshore setback, lot coverage, and the inability to review the plans prior to tonight's meeting. Gustafson noted the plans were submitted to Staff and available for review by the public. Turner stated one of the gentlemen came to city hall while Staff was having a meeting and he did not have an opportunity to review the plans and the other gentleman, to her knowledge, did not visit city hall to review the plans. PAGE 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Kempf stated this is an instance where the Planning Commission should look at whether the reductions in hardcover are of significant benefit to the City to warrant the variances. Zullo noted in the past the Planning Commission has approved applications without a formal drainage plan subject to review and approval by the City Engineer. Kempf stated his main concern relates to the adding of a deck or other hardcover in the future. Turner stated given the fact that the tennis court has survived the subdivision and the construction of a new residence, it is likely the tennis court is not there illegally and was granted a variance at one time. Turner noted the property owner has the right to replace the existing structure under state statute. Schoenzeit asked whether it would be reasonable to see the house plans as part of this application. Turner stated it was Staffs decision not to include the house plans since they were not requesting any variances and the applicants would be restricted to a certain hardcover number. Kempf indicated he is satisfied with his review of the plans tonight and does not see the need to review them further. Winer stated she agrees with the recommendations of Staff and that in her opinion it is in the City's best interests to approve a plan that calls for a significant reduction in the hardcover. Kang asked whether the motion should be contingent upon review and approval of the grading and drainage plan. Turner stated the motion would need to be subject to review and approval of the grading and drainage plan by the City Engineer. Kroeger indicated he also is in agreement with Staffs recommendations and that he would encourage the applicants to take whatever steps possible to improve the runoff situation. PAGE 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. Rice stated she is not in favor of granting the variance for the tennis court given the fact that this is new construction. Zullo noted the current residence has structural problems and should be replaced but that she does not see the need for a tennis court. Winer stated it is her understanding the tennis court is grandfathered in and can be replaced. Kempf stated one of the priorities of the City is to remove hardcover that is close to the lake whenever '"lttw ,wet f;~t:_~"d possible. In this particular situation, the neighbors' homes are well~ of the · · tennis court and this project would not have a negative impact on their views. Kempf indicated given the very positive impact that it would have on the lake by moving the hardcover away from the lake, he would be in favor of the application. Zullo noted two of the neighbors have expressed opposition to this project and that on the other application, where the neighbors where in support of the swimming pool, the Planning Commission voted to deny the application. Kempf stated comparison of the two applications is like comparing apples and oranges since the one application dealt with a structure in front of a principal residence. Kempf moved, Winer seconded, to recommend approval of Application #08-3350, J. Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle, granting of a location variance to place the tennis court between the house and the street; a side setback variance, and a hardcover variance, subject to the following conditions: 1. Provision of rain gardens or other measures to control the amount, rate, and quality of runoff (to be approved by the City Engineer before final approval is granted); 2. No additional hardcover in the 75-250 foot zone; 3. The tennis court not being enclosed by a fence higher than 5'11"; 4. The fencing being dark-colored vinyl- covered chain link or equivalent with no windscreens; 5. The court not being used for parking vehicles, storage or other non-recreational purposes; 6. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. Ace A.P'-A \>I 12. W1-l-&-\-the.. ~"''Cf f>IICW\ Oifl>1!>1'"-e:d l::,y uw. l,_ VOTE: Ayes 5, Nays 2, Zullo and Rice Opposed. +a, --\-\f\L C,u...i ~ttllll~ ~e., CCVl\c,t Cos,> ,c :a. q. PAGE 12 CITY of ORONO April 7, 2008 J.Sven Gustafson Stonewood LLC 7 407 Wayzata Boulevard # 100 Minneapolis MN 55426 Street Address: 2750 Kelley _Parkway Orono, MN 55356 NOTICE OF EXTENSION OF TIME FOR REVIEW Municipal Offices SUBJECT: Zoning Application #08-3350 (3127 Casco Circle) Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Because it will not be possible to complete consideration of your request within 60 days of the date this application was complete (2/28/08) the City hereby extends the time allowed for consideration for an additional 60 days, until June 27, 2008. (I do not anticipate it will take until June, but the City is allowed only one extension of up to 60 days, so we always extend for maximum time allowed.) Please call me at 952-249-4623 should you have any questions. Sincerely, cu~ Evelyn Turner City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Hennepin County Oblique Aerials Hennepin County Oblique Aerials Images courtesy of: Microsoft© Virtual Earth TM 2006 Flight Date: April 2006 http://gis.co.hennepin.mn. us/HCProperty Map/Bir4i5e ye.aspx?PID=2011723 340021 Print: Page 1 of 1 RECEVED APR O 2 2008 CITY OF ORONO 3/27/2008 Hennepin County Oblique Aerials H Hennepin County Oblique Aerials Images courtesy of: Microsoft® Virtual Earth™ Flight Date: April 2006 2006 http://gis.co.hennepin.mn. us/HCProperty Map/Birdseye.aspx?PID=2011723340022 Page 1 of 1 Print: -Show/ Hide: 15 yds I R!ECE"VED APR O 2 LUU8 CITY OF ORONO 3/27/2008 f\cJure_ of 3tL5 (j.sco tkfore-- ~121 built l-p,dure.. 11 · lq • 1cr') REFORMED EASEMENT AGREEMENT This Reformed Easement Agreement ("Agreement") effective December 3 , 2004, is by and between Frederick C. Peters, single ("Peters") and Ronald G. Dudley and Patricia A. Dudley, husband and wife ("Dudley"). RECITALS WHEREAS, Dudley and Peters are the present parties in interest with respect to the lands benefited and burdened by a certain easement created by a deed dated January 12, 1984 and filed as Document No. 1564103 on February 23, 1984, in the Hennepin County Recorder's Office, Hennepin County, Minnesota; and WHEREAS, Peters and Dudley wish to reform the said easement because it inadvertently failed to unambiguously state the intents and purposes of the parties thereto, and the facts on the ground with respect to the easement, both in 1984 and in 2004. NOW, THEREFORE, in consideration of One D9llar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Peters and Dudley hereby agree as follows: 1. Ownership. Peters is the fee owner of Lot 2, Block 1, Colorado Springs, Hennepin County, Minnesota ("Peters Parcel"). Dudley is the owner of Lot 1, Block 1, Colorado Springs, Hennepin County, Minnesota ("Dudley Parcel"). There are no other parties in interest in the two lots, except their respective mortgagees named below, if any. 2. Reformation of Old Easement. The parties hereby agree to reform the rights and obligations created by that certain deed dated January 12, 1984 and filed as Document No. 1564103 on February 23, 1984 because the said easement failed to carry out the intents and purposes of the parties thereto, and the existing facts on the ground. 3. Reformed Easement. Peters grants Dudley, their heirs and assigns, an exclusive easement, running with the land, for the continuing use of the existing patio, barbeque, steps and access including.any re-construction, maintenance, repair and replacement of the said patio, barbeque and steps, except that Dudley, and their heirs and assigns, agrees not to install a fixed permanent solid roof over the said patio, but Dudley, and their heirs and assigns, may install and utilize a trellis, gazebo, umbrella, or the like, over the said patio, barbeque and steps (the "Reformed Easement"). The Reformed Easement being in, over and upon that part of Peters Parcel, described as follows: That part of Lot 2, Block 1, COLORADO SPRINGS, described as commencing at the Northeast corner of said Lot 2; thence on an assumed bearing of South 75 degrees 07 minutes West along the northerly line of said Lot 2 a distance of 240.84 feet to the point of beginning of the easement to be described; thence South 14 degrees 53 minutes East a distance of7.36 feet; thence South 52 degrees West a distance of 31.18 feet; thence South 86 degrees West a distance of 40.24 feet; thence North 14 degrees 53 minutes West a distance of 12.00 feet to said northerly line of Lot 2; thence North 75 degrees 07 minutes East along said Northerly line to the point ofbegimnng. 4. Encumbrances. Dudley, and their heirs and assigns, shall not suffer or permit anything to be done that will cause Peters, or his heirs and assigns, to become encumbered by any mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or claim is filed against Peters Parcel, due to Dudley's, or their heirs and assigns, alleged request for labor or materials, Dudley, or their heirs and assigns, shall immediately discharge the same of record by a release or bond withln thlrty (30) days or as soon as practicable after the filing of any notice of such lien, claim or other charge. 5. Maintenance. Dudley, and their heirs and assigns, shall be responsible for all costs of repairing, replacing and/or maintaining the Reformed Easement and all improvements thereon. All such construction, repair, replacement or maintenance shall conform to the use of the easement area as a patio. 6. Events of Termination. Notwithstanding anything in this Agreement to the contrary, the Reformed Easement shall terminate only upon the first to pccur of the following: 6.1 the stone paving, brick barbeque and steps are removed and not replaced; 6.2 Dudley, or their heirs and assigns, no longer uses the Reformed Easement area as a patio; For the purpose of this condition of termination (6.2), the word "uses" is defined to mean the occupation of any part of the easement area by Dudley, or their heirs or the assigns or guests on at least one occasion within a 24 month continuous period or if patio furniture such as a table or a chair is present on any part of the easement area for at least 2 weeks during a 24 month period; 6.3 failure of Dudley, or their heirs and assigns, to remove or remedy the cause of any mechanic's lien or similar lien, charge or claim and such failure of performance shall continue for a period of thirty (30) days after delivery of written notice to Dudley, by certified mail, specifying such failure; and Upon the occurrence of an uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, Dudley, their heirs and assignees, at their sole cost and expense shall file a "Declaration of Termination of Easement" in the office of the Hennepin County Registrar of Titles. Upon such filing, the Reformed Easement and thls Agreement shall be immediately void and have no further force or effect. In addition, upon to occurrence of an uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, Dudley, their heirs and assigns, at their sole cost and expense shall remove all improvements on and within the Reformed Easement, and restore the land to a natural sodded condition. Dudley, and their heirs and assigns, hereby irrevocably constitutes Peters, or his heirs and assigns, as their attorney in fact for the limited purpose to execute such Declaration in Dudley's (or their heirs' and assign's) name, place and stead in the event of an uncontested Termination or a finding that termination is awarded pursuant to Section 7 and Dudley, or their heirs and assigns, should fail to execute any such Declaration as soon as practicable as requested in writing by Peters, or his heirs and assigns and delivered by certified mail.. 7. Dispute Resolution . Any controversy or claim arising out of or relating to the terms of this Agreement or the breach of this Agreement shall be settled according to the terms of this Section 7. The parties to this Agreement or their heirs or assigns (within this Section 7 referred to as party or parties) shall attempt in good faith to resolve as soon as practicable any dispute arising out of or relating to this Agreement utilizing the following procedure: 7.1 Negotiations. The party alleging a controversy, claim or breach of this Agreement will notify the other party in writing and send by certified mail a request to meet and stating the nature of the dispute, all facts in evidence supporting the veracity of the claim, controversy or breach and the proposed solution to the dispute. The parties shall then meet within thirty (30) business days or as soon as practicable after the request by the alleging party at a mutually acceptable time and place to attempt to resolve the dispute. 7.2 Arbitration. If the matter cannot be resol':'ed at, or within thirty (30) business days after such meeting, the parties agree: (i) to arbitrate the dispute in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Minneapolis, Minnesota; (ii) to equally pay the cost of arbitration; (iii) a judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; (iv) the arbitration award shall be subject to review only in the manner provided in the Uniform Arbitration Act as adopted in Chapter 572, Minnesota Statutes, as the Act is amended at the time of submission of the issue to arbitration; and ( v) the arbitrator( s) shall have the authority, but not the requirement, to award the prevailing party its costs and reasonable attorney's fees which if awarded, the non-prevailing party shall pay. IN WITNESS WHEREOF, the parties have signed their hands the date first above written. ~cA Frederick C. Peters STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 0 The foregoing instrument was acknowledged before me on December ~"') , 2004 by Ronald G. Dudley and Patricia A. Dudley , husban~!:suae::=-:::ic::>--=)=· ~-~~------ 0 ~ ! THAriK YOU!!! REG 06-lG-2005 10:07 C26 MCU01 D22875 1 DEPT01 T12 ·M4.50 TL $c::is~::J ,~ 5[l Ch~JH $44 A 50 CHASES. CARLSTROM Notary Public Minn esota My Co mmi ssi on Expires Janu ary 31 . 2005 OFFfCE OF THB /M@~f.mij ., / OF Tli'CESS / 7 c HENNEPIN COUNTYitlft-t~NNSSO-m CERTIFIED F=ll .. Ff1lfDN STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on December 2--, 2004 by Frederick C. Peters, single. Matthew Blewett 27054 612-316-2283 N9200-011 Drafted By: * Wells Fargo Bank, N.A. Hopkins Office * * * 00123 * * * * * * CONSENT TO REFORMED EASEMENT AGREEMENT * * FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are herby acknowledged, ___ Homecomings Financial _______ hereby consents to the attached Reformed Easement Agreement effective ~ .2£, ~, between Frederick C. Peters and Ronald G. Dudley and Patricia A. Dudley(1?"">' ';Ju::os- J ~,?.-.f STATEOF~ COUNTYOF fA.-,4 ) ) ss. ) HomeComings Financial By: Its: By: Its: /17-y_ -d-Ct'.?S- The foregoing instrument was acknowledged before me on ~r _ai_, 2Qe%toy and __ --==-------........,.--_,the _an_d __ -_-_-_-_-_-_-_-_-_-_-_-_-_-__ o_f_/4----:-t-~,-,,,vem ,,,,f:> s F,:--,F',, t-, "'/ !/JI , a · ----c-orp-o-ra-t-io-n, on behalf of the corporation. ,,,,~~•pg,,, JASON S. SHANKS .::'t!l"' <S''~ gf :..A,; ~Notary Publi~, ~tate of_Texas ;~. ,x:r.._. (?~ My Comm1ss1on Expires -;,Yx, "'"""~ '11if},?,f),,,,' 08/31/2008 Mr. Michael H. Cunniff Registrar Of Titles Ronald G. Dudley 3125 Casco Circle South Orono, MN 55391-9716 Office of The Registrar of Titles Hennepin County, Minnesota Hennepin County Government Center A500 300 South Sixth Street Minneapolis, Minnesota 55487-0055 June 10, 2005 Re: Recording of "Reformed Easement Agreement" Between Frederick C. Peters Lot 2, Block 1, Colorado Springs, Hennepin County Ronald G. & Patricia A. Dudley Lot 1, Block 1, Colorado Springs, Hennepin County Dear Mr. Cunniff: Enclosed herewith for Filing and Registration on both Certificate of Title, Certificate Number 646636 for Lot 1, Block 1, Colorado Springs, Hennepin County, Ronald G. Dudley & Patricia A. Dudley, owners and Certificate of Title, Certificate Number 1134097 for Lot 2, Block 1, Colorado Springs, Hennepin County, Frederick C. Peters, owner, is an original signed agreement, executed by both parties, that reforms the existing easement, granted by Quit Claim Deed, Document Number 1564103 that is recorded on both certificates of title. Recording of the Reformed Easement Agreement as soon as possible on both of these certificates of title would be greatly appreciated. Yours very truly, <r<~~-~ ... ~ Ronald G. Dudley Enclosure Certificate·of Title Certificate Number: 1134097 Document Number: 3996321 Transfer From Certificate Number: 1004566 Originally registered the 28th day of July, 1942. Also originally registered the 6th day of December, 1956. Book:259 Book:865 Page:80681 Page:262461 Dist. Court No.: 5580 Dist. Court No.: 13238 State of Minnesota County of Hennepin This is to certify that } S.S. REGISTRATION Frederick C. Peters, whose address is 3127 Casco Point Road, Orono, Minnesota, 55391 is now the owner of an estate in fee simple 02 <c:.MR!YI.Qf l~Sfj,\ .•· -·.J.. ..J.) ' LJ..J-L- Document Document Date of Registration Number Type Month Day, Year Time Amount($) Running in Favor of 867983 Easement Jan 20,1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now over ot of above land (See Inst) 86798i Easement Jan 20, 1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now over ot of above land (See Inst) 156410~ Quit Claim Deed Feb 23, 1984 09:00 AM Michael John Noel & Beverly Graves Noel, as jt tenants. Granting a use easement over pt of above land (See Inst) 389508€ Revised Notice of Dec 17,2003 02:00 PM Keith E. Aakre and Jacquelin Aakre. Lis Pendens File No. MC 03-018431 Lindquist & Vennum P.L.L.P. Re Doc No 3881537 Entered on April 9, 2004 at 2 PM 3996322 Mortgage Jul 28,2004 04:00 PM 1,000,000.00 Mortgage Electronic Registration Systems, Inc., (a DE corp), as nominee, PO Box 2026, City of Flint, State of Michigan Homecomings Financial Network, Inc., (a DE corp), as lender, 27725 Stansburv Blvd, Citv of Farminaton Hills, State of Michiaan 4089468 Mortgage Mar 16,2005 09:00 AM 400,000.00 Private Bank Minnesota, City of Minneapolis, State of Minnesota 409598~ Mortgage Mar 30,2005 12:00 PM 230,000.00 Private Bank Minnesota, Citv of Minneaoolis, State of Minnesota 412300, Easement Jun 10,2005 11 :00 AM Between Frederick C. Peters and Ronald G. Dudley and Patricia A. Agreement Dudley, husband and wife (See Inst) ~mends Doc No. 1564103 Page 1 of 2 Document Document Date of Registration Number Type Month Day, Year Time 412354e Discharge of Jun 13,2005 11 :00 AM Notice of Lis Pendens Certificate Number: 1134097 .0 Amount($) Running in Favor of Discharges Doc No. 3895086 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 28th day of July, 2004. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. Page 2 of 2 Certificate of Title Certificate Number: 646636 Transfer From Certificate Number: 644606 Originally registered the 28th day of July, 1942. Also originally registered the 6th day of December, 1956. State of Minnesota County of Hennepin This is to certify that } S.S. Book:259 Page:80681 Book:865 Page:262461 REGISTRATION Dist. Court No.: 5580 Dist. Court No.: 13238 Ronald G. Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, and Patricia A. Dudley, 3125 Casco Circle South, City of Orono, County of Hennepin, State of Minnesota, as joint tenants are now the owners of an estate in fee simple .-"'i -,-,1:ICITDlTrr,--,-~ -"-~:._-,;s--A_ 'R: _-0"' --: ~ · :•-0,,._ ,..i:., ... ~1 . ;f. r M./ _.r,,..,. in the_following described land situated in the Coun~~~ --,., " !;!cl.Slated!~~~;! -'(f>-- 1:.ot 1, Block 1, Colorado Springs ,1,(,,l'· _ 1 L ,!': _ V 1,/;;_,! The boundaries of the plat have bee~:...,. 1 ·tandmarRs-·sJl Subject to utility easement as shownt.,QO ·-;r.. f<.._J ~ Subject to drainage and utility ease~nts q;s~_ Subject to the interests shown by the followtn1 mem:r,als and. o chapter 508, namely: ;:=J • 1. Liens, claims, or rights arising under w~ laws ,.or -· i-1 ~. require to appear of record; ;--< ,. 2. Any real property tax or special assesi~nt for 3. Any lease for a period not exceeding th'rl!,~ y 4. All rights in public highways upon the l~O; 5. Such right of appeal or right to appear arl - 6. The rights of any person in possession un· _ 7. Any outstanding mechanics lien rights which:W{l That Ronald G. Dudley is 18 years of age or 'ot4, >-, '-"" That Patricia A. Dudley is 18 years of age or oldet{j§;,-; _ ., _ .__ ~!,ey; and is under no legal incapacity. ·•,t·--t~/_r r~ 1-1-r-.rn-7 7--;1~ \~~-\. "•l.l__i.J.J L, _LL·•·· MEMORIALS Document Document Date of Registration Number Type Month Day, Year Time Amount($) Running in Favor of 86798~ Easement Jan 20, 1967 02:45 PM City of Orono. Granting a perpetual underground utility easement now over pt of above land (See Inst) 156410~ Quit Claim Deed Feb 23, 1984 09:00 AM !Together with a use easement over other land (See Inst) 1567741: Mortgage Mar 15, 1984 03:00 PM 236,000.00 Norwest Mortgage, Inc. (an IA corp) Waterloo, IA 176621~ Financing Oct 17,1986 03:00 PM Minnegasco, Inc. Statement Minneapolis, MN Made bv Ronald G. Dudlev (List) 223945~ Assignment of Feb 24,1992 04:00 PM (See Mtgee's Change of name Doc No 1661302) Mortgage Citibank, N. A. 55WaterSt New York, NY ~ssians Doument No 15677 48 249309. Mortgage Mar 18,1994 09:00 AM 220,500.00 GMAC Mortgage Corporation of PA RE :E 8360 Old York Rd Elkins Park, PA 256966~ Satisfaction of Nov 28, 1994 09:00AM Ronald G. Dudley et al 0 2 Mortaaae Satisifes Document No. 15677 48 Page 1 of 2 IVE Document Number 388153 389508 408382 412300 412354 413293 Document Type Assignment of Mortgage Revised Notice of Lis Pendens Discharge of Notice of Lis Pendens Easement Agreement Discharge of Notice of Lis Pendens Termination of Financing Statement Date of Registration Month Day, Year Time Feb 17,1995 09:00 AM Oct 01,2003 03:00 PM Nov 24,2003 11 :00 AM Dec 17,2003 02:00 PM Mar 01,2005 09:00 AM Jun 10,2005 11 :00 AM Jun 13,2005 11 :00 AM Jul 06,2005 03:00 PM :,--', ' -~ \);:, Certificate Number: 646636.0 Amount($) Running in Favor of Bankers Trust Company as Trustee 3 Park Plaza Irvine, CA ssi ns Document No. 2493092 (See Power of Atty Doc No 3521693) Satisfies document no s . 2493092.0 Keith E. Aakre and Jacquelin Aakre. Court File No. 03-18431. Moss & Barnett. Jeffrey L. Watson, Gregory J. ile. Keith E. Aakre and Jacquelin Aakre. File No. MC 03-018431 Lindquist & Vennum P.L.L.P. Re Doc No 3881537 Satisfies document no(s). 3881537.0 Between Frederick C. Peters and Ronald G. Dudley and Patricia A. Dudley, husband and wife (See Inst) mends Doc No. 1564103 Discharges Doc No. 3895086 OF}I have hereunto subscribed my name X'ft:iJi, office this 15th day of March, 1984. . "\/\ ·,c~.A, _. Da'ij~~arlson \-j tgistrii_dof Titles, of Hertfibpin and State of Minnesota. " !'-/ ,7 l:1 /~:Ji --<~ \,/ ',, 't'./ t:nL:rrr,-\Jtis:''-1';,::;-'.> , Page 2 of2 \ \ \ \ \ \ \_ ... -·· .. \ \ 0 c.) C/) 4 0 \ I \ \ .\ ... (...---. -~~, \.1_,.bc> '?Ji '---...____,) I I j .. \ ~ a- \ \ \ ~ \ I \ \ \ \ \ tu \ (), \ -··•• •••-••v•----·• ~------•~·•-~•-••··•·•••·••·• ./ ✓ APR O 2 ZUU8 CITY OF ORONO I I I I 'o --- ,,_--- ~---ex:_.,,..~· L◊ 1--w z Li.. (/) 0 0 I") II & 0~ ..... -.................. _,.:-•" .> "1 /~ o~ ,()c .., ;, L◊ 6' ,· ~ --. -· ----· -·. ----· .• --· _c--'. -1 ·----.... ~;----9Y?" ::>. ~-~~~~c~ --.,_(:)_ -g, -f--<~ ,\> uJ <fl 6' 7.. .J -~ 0 ,-.J " ,-uJ ,:( .,£> <fl er: =s: --°+ -ct / .i;-······ ........ ----- ' ' ~ ·. 0 ~ ' -,,& ~ ~ Lf£.::::950,5 0 i 2 ,~:...=_,__,...,~-" . ·t, :o .. ·-i ···;-.! c; AD J HO SBL -- g4B) (946) - / ., ,. .., \ / MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. 335 Douglas and Margaret Franchot, Continued) Winer stated in view the applicants currently have reasonable use the property and that it was her understand1ng fro e previous hearing that the applicants e going to find an alternate location for the pool in add1 · he plan. in favor of the application given the f: structure. Kroeger stated there is a hardship to locate the pool in front of th uphold the rules of the City. Kroeger ved, Rice seconded, to recommend denial of Application #08-333 , et Franchot, 2010 Colin Drive. VOTE: Ayes 6, Nays 1, Zullo Opposed. 3. 08-3350 J. SVEN GUSTAFSON WITH STONEWOOD, LLC, ON BEHALF OF FREDERICK PETERS, 3127 CASCO CIRCLE, VARIAN CE, 6:25 P.M. -7:07 P.M. J. Sven Gustafson, Stonewood, LLC, and Frederick Peters, Property Owner, were pres.ent. Turner stated the applicants are proposing to construct a tennis court larger than 1,000 square feet in the street yard of a replacement residence and are requesting the following variances: 1. A location variance to place the tennis court between the house and the street; 2. A side setback variance to place the tennis court 22 feet from the northerly property line when a 30-foot setback is required; 3 . A hardcover variance to have 37 percent hardcover in the 250 to 500 foot zone when the maximum is 30 percent. This lot was divided from the property at 3125 Casco Circle in 1983. The existing tennis court was built in 1976 accessory to the house at 3125 . The tennis court was allowed to remain as part of the plat approval even though the hardcover in the 75-250 foot zone was well in excess of 25 percent. The house was constructed in 1984. · The owner is proposing to remove the existing house and tennis court and construct a new house and tennis court. The new house would be located where the rear portion of the existing tennis court is . The new tennis court would be located between the birch trees in the island in the existing driveway and the street. It would be enclosed by a 5' 11" fence to avoid being counted as structural lot coverage. The court would be located three to five feet below street level. PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. (#08-3350 Sven Gustafson with Stonewood, Continued) The Planning Commission should consider whether this should be viewed as a reduction in hardcover or a request for additional hardcover. The City's practice has been to not consider any existing improvements when the existing house is being totally removed. There would be no grounds for approving a variance to accommodate a tennis court since reasonable use of the property exists without it. If the owner chooses to remodel the existing house without increasing or relocating hardcover or requiring other variances, all the hardcover on the property could remain. The Planning Commission should determine whether it is in the City's best interest to accept a significant reduction in hardcover rather than wait for the property to redevelop. The Planning Commission should also determine whether it is reasonable for the tennis court to be located between the street and the house since it will not have the usual enclosing fence. If hardcover were not an issue, the property could have a patio or hard surface play area between the street and the house as long as it was not surrounded by a fence taller than six feet. The portion of the street yard between the house and 30 feet from the street right-of-way could be enclosed by a six-foot privacy fence. The code has special provisions to allow accessory structures of less than 1000 square feet between the house and street for lakeshore lots. Detached garages less than 1000 square feet can be located 10 or 15 feet from the street as long as the overhead door faces to the side or rear. Other accessory structures less than 1000 square feet must comply with the street setback for a principal structure. The Planning Commission should determine whether the proposed tennis court would be less obtrusive than a 999 square feet accessory structure in the same location. If the Planning Commission determines it is appropriate to grant the hardcover variance, Staff would recommend approval be conditioned on the following: · 1. Provision of rain gardens or other measures to control the amount, rate, and quality of runoff. 2. No additional hardcover in the 75-250 foot zone. In addition, Staff would recommend approval of the setback variances subject to the following: 1. The court not being enclosed by a fence higher than 5' 11 ". 2. The fencing being dark-colored vinyl-covered chain link or equivalent with no windscreens. 3. The court not being used for parking vehicles, storage or other non-recreational purposes. 4. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured. Kroeger asked if a tennis court can be 1,000 square feet and still be able to be used for tennis. Gustafson stated that it cannot be. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. (#08-3350 Sven Gustafson with Stonewood, continued) Gaffron noted a standard tennis court is 60 ' x 120 ' or 7,200 square feet. Gaffron noted the tennis court being proposed is signifiqmtly smaller than the standard tennis court. Kempf asked if a new residence were constructed within the same building envelope whether they would be allowed to keep the existing tennis court. Turner stated typically whenever the principal structure is removed, the accessory structures must also be removed. Turner indicated there is some question whether a variance was granted for the existing tennis court and that the City's files do not contain all of the necessary information needed to determine whether a variance was granted at one time. Winer asked if it is in the City's best interests to accept the significant reduction in hardcover. Turner indicated that is one of the issues that the Planning Commission should consider. Turner stated the applicants have submitted house plans but they are not really a part of this application since the house plans are conforming. Kempf commented he would have liked to have seen the house plans to ensure him that the plans are complete. Gustafson indicated he does have a set of plans available here that the Planning Commission could review. Turner stated the applicants could change the house plans but they would be restricted to a certain hardcover number. Kempf briefly reviewed the house plans shown him by Gustafson and stated he does not see anything glaring on the plans that should be addressed . Kroeger commented he simply does not want to see a new application sometime in the future asking for a deck or other hardcover if the tennis court is approved. Zullo stated she does not see the need to grant a variance to construct a new tennis court. Gustafson stated the property owner would like to improve his residence to accommodate his growing family and that one of the main reasons why they purchased this property initially was the tennis court. While reviewing their options, it was determined that the house was somewhat outdated, remodeling the structure would be expensive, and that the better option would be to construct a new residence. Gustafson noted they did reduce the size of the tennis court as much as possible but still allow them to have a useable tennis court. Gustafson indicated they have examined a number of options for reducing the hardcover further , and that if 500 square feet of hardcover in the 75-250 foot zone was shifted over to the 250 foot zone, they would be asking for a hardcover variance of 1260 square feet between the two zones. PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. (#08-3350 Sven Gustafson with Stonewood, Continued) Peters stated one of the primary reasons for purchasing the home was the tennis court. The existing structure has a number of windows and skylights which are currently leaking and need replacement. Peters indicated due to the costs associated with remodeling, he would prefer to construct a new residence. Gustafson indicated they have looked at a number of different options to locate the new residence and they determined that the proposed location is the best site in order to meet the other zoning regulations. Kang asked what would be done with the land once the existing tennis court is removed. Gustafson indicated the area is relatively flat and they would probably need to import some dirt to level it off to the current grade and probably sod it. Kempf asked if the retaining walls would be removed. Gustafson stated they would be and the slope would be leveled off. Zullo asked whether the runoff drains down the driveway currently. Peters stated when they purchased the property, the front yard was basically a floodplain and the previous owners did not attempt to maintain grass in that area. Zullo commented the tennis court would be additional hardcover and add to the runoff to .the lake. Gustafson indicated the grading they are proposing would help to slow the runoff down and help with the runoff. In addition, they are proposing to make the driveway more level , which should also improve the situation. Acting Chair Kroeger opened the public hearing at 6:47 p.m. There were no public comments regarding this application . Acting Chair Kroeger closed the public hearing at 6:47 p.m. Kroeger read into the record an e-mail from Greg Becker, 3133 Casco Circle, stating his opposition to the project, and an e-mail from Ron Dudley, 3125 Casco Circle, also stating his opposition to the project. Some of the concerns raised by the two neighbors included grading and drainage, side yard setbacks and lakl;!shore setback, lot coverage, and the inability to review the plans prior to tonight's meeting. Gustafson noted the plans were submitted to Staff and available for review by the public. PAGE7 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. (#08-3350 Sven Gustafson with Stonewood, Continued) Turner stated one of the gentlemen came to city hall while Staff was having a meeting and he did not have an opportunity to review the plans and the other gentleman, to her lmowledge, did not visit city hall to review the plans. Kempf stated this is an instance where the Planning Commission should look at whether the reductions in hardcover are of significant benefit to the City to warrant the variances. Zullo noted in the past the Planning Commission has approved applications without a formal drainage plan subject to review and approval by the City Engineer. Kempf stated his main concern relates to the adding of a deck or other hardcover in the future. Turner stated given the fact that the tennis court has suryived the subdivision and the construction of a r.ew residence, it is likely the tennis court is not there illegally and was granted a variance at one time. Turner noted the property owner has the right to replace the existing structure under state statute. Schoenzeit asked whether it would be reasonable to see the house plans as part of this application. Turner stated it was Staffs decision not to include the house plans since they were not requesting any · variances and the applicants would be restricted to a certain hardcover number. Kempf indicated he is satisfied with his review of the plans tonight and does not see the need to review them further. Winer stated she agre.es with the recommendations of Staff and that in her opinion it is in the City's best interests to approve a plan that calls for a significant reduction in the hardcover. Kang asked whether the motion should be contingent upon review and approval of the grading and drainage plan. · · Turner stated the motion would need to be subject to review and approval of the grading and drainage plan by the City Engineer. Kroeger indicated he also is in agreement with Staffs recommendations and that he would encourage the applicants to take whatever steps possible to improve the runoff situation . Rice stated she is not in favor of granting the variance for the tennis court given the fact that this is new construction. Zullo noted the current residence has structural problems and should be replaced but that she does not see the need for a tennis court. Winer stated it is her understanding the tennis court is grandfathered in and can be replaced. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, March 17, 2008 7:00 o'clock p.m. (#08-3350 Sven Gustafson with Stonewood, Continued) Kempf stated one of the priorities of the City is to remove hardcover that is close to the lake whenever possible. In this particular situation, the neighbors' homes are well lakeward of the proposed tennis court and this project would not have a negative impact on their views. Kempf indicated given the very positive impact that it would have on the lake by moving the hardcover away from the lake, he would be in favor of the application. Zullo noted two of the neighbors have expressed opposition to this project and that on the other application , where the neighbors where in support of the swimming pool, the Planning Commission voted to deny the application . Kempf stated comparison of the two applications is like comparing apples and oranges since the one application dealt with a structure in front of a principal residence. Kempf moved, Winer seconded, to recommend approval of Application #08-3350, J. Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle, granting of a location variance to place the tennis court between the house and the street; a side setback variance, and a hardcover variance, subject to the following conditions: 1. Provision of rain gardens or other measures to control the amount, rate, and quality of runoff (to be approved by the City Engineer before final approval is granted); 2. No additional hardcover in the 75-250 foot zone; 3. The tennis court not being enclosed by a fence higher than 5'11"; 4. The fencing being dark-colored vinyl- covered chain link or equivalent with no windscreens; 5. The court not being used for parking vehicles, storage or other non-recreational purposes; 6. The area around the court being landscaped but not to the extent the view of the house from the street is completely obscured; and 7. The grading plan being acceptable to the City Engineer before Council consideration of the application. VOTE: Ayes 5, Nays 2, Zullo and Rice Opposed. 8-3351 BARRY TANNER ON BEHALF OF BROOK INVESTMENT GRO DISTRICT, ZONING CODE AMENDMENT, 7:07 P.M. -7:40 P. In order for the bowling alle o reopen, the zoning code must be a ded to allow a bowling center or alley as a permitted o onditional use in the B-1 zoning district. Zorn codes usually classify bowling alleys or c ers as part of the broader category of commercial recre · n. inemas, theatres, athletic clubs , amusement arcades , golf drivin PAGE9 Evelyn M. Turner From: Greg Becker [greg_becker@msn.com] Sent: Thursday, March 13, 2008 1:38 PM To: Evelyn M. Turner Cc: ralphkempf@realtor.com; Tessa marchessault Subject: Formal Protest of land use variance request on Property 3127 Casco Circle #08-3350 To: Evelyn Turner City Planner From: Greg Becker Resident 3133 Casco Circle Subject: 3127 Casco Circle# 08-3350 Land use Variance Request March 6th -Posted Sun Sailor March ?1h: -Post mark date of formal mailing March 8th -Receipt of formal mailing March 12th -Date requested for comments March 13 th -No plans available for public review (see below) March 1 ?1h -Date posted for Public Hearing Page 1 of2 On Thursday 3/13/ 08 I physically went to Orono City Hall to review plans for subject property land use application. The application notice stated existing house and lakeside tennis court are being removed and replaced by a new house and street side tennis court. It was my intent to review plans for this application in its entirety and not just street side tennis court variance request. Both Barb and Monica from front office verified with Chris Matson that plans had not been submitted were not available for public review. Please consider this a "formal protest" ofland use application variance request 08-3350 based on the following: 1. As of this date no plans available for public review and if they do become available prior to 3/17 ... lack of sufficient time to review 2. Many of the neighbors are on spring holiday or winter vacations and are not planning to return until after April 15 th .. Providing limited comment time. 3. Strong unfavorable position towards building a tennis court on street side of subject property for recreational purpose ( no hardship) requesting a 23% increase in "hardcover" variance from 30% requirement to 37% variance 4. Strong unfavorable position towards building a tennis court on street side of subject property for recreational purpose ( no hardship) requesting a 23 % increase in "setback" variance from a required 30 feet to a 23 foot variance. Please consider this a "Formal Protest" if this matter has a public hearing delay please officially provide written notice to neighbors of new hearing date and when plans are available for public 3/13/2008 review. Regards Greg_Becker 612-203-0198 greg becker@msn.com 3/13/2008 Page 2 of2 City of Orono Date: March 7, 2008 Page 1 of 2 To: Frank Cardarelle 952-941-3030 Stonewood 952-471-0639 Sve..Y\ From: Evelyn Turner, City Planner 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 FAX TRANSMISSION eturner@ci . orono . mn . us 952-249-4623 Subject: Variance Application Peters -08-3350 -3127 Casco Point Circle Grading Plan Review Here is the City Engineer's review of the grading plan. If you have questions about the comments contact Tom. Do not submit a revised plan until after the Planning Commission meeting so you may incorporate any changes they request. 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 4, 2008 Ms. Evelyn Turner Planner ♦eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3127 Casco Circle File No. 000139-08000-1 Plat No. 08-3350 Dear Evelyn: We have reviewed the grading plan for 3127 Casco Circle dated 2-13-08. The plans propose to construct a new single family home and tennis court. We have the following comments with regards to engineering matters: • The plans should show the driveway extending all the way to the road. In addition, any proposed grading within the right-of-way, including contour lines and spot elevations, should be shown on the plan. • The plan should indicate where the existing catch basin shown to the west of the proposed tennis court outlets to. • It appears a proposed 952 contour line is missing along the south lot line. • The area between the garage and the north property line should be shown in more detail and at a larger scale. This area should identify all removals and show all proposed grading, including contour lines and spot elevations. Any proposed retaining walls should be shown, including top and bottom of wall elevations. Slopes should not exceed 3:1. • The plan should provide information about restoration of areas in which removals are to occur, such as the tennis court and concrete patio by the lake. • The plans should show the existing sanitary sewer running between the house and the lake, as well as any manholes. • The City should determine if it already has an existing utility easement over the sanitary sewer. If not, a 20' wide utility easement should be provided over the existing sanitary sewer. If you have any questions, please call me at (651) 604-4863. Yours very truly, BONESTROO Tom Kellogg ____ Jo_b_n_um_b_er ____ 8_42 ________ *** SEND SUCCESSFUL *** City of Orono Date: March 7, 2008 Page 1 of 2 To: Frank Cardarelle 952-941-3030 Dan Toleno 952-471-0639 2750 Kelley Parkvvay P.O. Box 66 Crystal Bay, MN 55323 (952) 249--4600 Fax: (952) 249-46'16 FAX TRANSMISSION From: Evelyn Turner, City Planner eturner@ci.orono.mn.us 952-249-4623 Subject: Permit Application -·1075 Tonkawa Rd. (A11872) Grading Plan Review Here is the City Engineer's review of the revised grading plan. Darren Amundsen is on vacation so it was completed by Tom Kellogg. -it you have questions about the comments contact Torn. Group Send Report Job number Date Document pages Start ti me End time Successful Fax number Unsuccessful 842 Mar-07 03:31pm 004 Mar-07 03:3lpm Mar-07 03:34pm f.9529413030 f.9524710639 Time : Mar-07-2008 03:34pm Tel I ine : +9522494616 Name : CITY OF ORONO Pages sent I I !l:IIN newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Richard Hendrickson , being duly sworn on an oath , states or affirms that he is the Chief Financial Officer of th e newspaper(s) known as Plymouth, Wayz ata , Orono Sun-Sailor and has full knowledge of the facts stated below : (A) Th e newspaper has complied w ith all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn . Stat. §331A.02 , §331A.07 , and other applicable laws as amend ed . (B) The printed public notice that is attached was published in s a id ne w spaper(s) once each w eek , for~ successive w eek(s); it w as first published on Thurs- day, th e _6_ day of Marc h 2008 , and wa s thereafter printed a nd published on every Thursday t o and in- c luding Thurs d ay, the ____ day of ________ , 2 008 ; and printed be low is a c opy of th e lower cas e alph a- bet from A to Z , both inclu sive, w hi c h is he reby acknowledged as be ing the s ize and kind of type used in the composition and publication of the notice : abcdefg hi jklmnopqrstuvwxyz ,~ CFO Subscribed and sworn to or affirmed before me on thi s _6_ day of Marc h , 2008 . City of Orono (O ffi cial Publicat ion) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE Th e Pl annin g Co mmissio n w ill hold pu bl ic hearin gs in the Oro no Cou nci l Chambers at 2780 Ke ll ey Pa rkway on Mo n- d ay, Ma rch 17, 2008, begi nning at 6:00 p.m. o n th e mat- ter of review in g the fo ll owi ng land use appl icat ions: #08-3335 Doug las W. an d M argare t S. f'r ar,ic hot, 201 O Colin Drive, RR -1 B zo ning district, request a setback va ri ance to a ll ow a poo l to b e co nstruc ted be twee n the p rin cipal stru ctu re a nd t he street. #08-3 350 J . Sven Gustafso n on behalf of Fr ede ri ck Pe- ters , 3127 Casco Circle . LR -1 C zon ing dis trict, in o rder to co nstruct a tennis court in the st reet ya rd of the prope rty requ ests a ha rdcover varia nce to have 37 pe rce nt har d- cove r in the 250 to 5 00 foo t zone whe n the maximum a l- lowed is 30 perce nt a nd a setback va ri ance to place t he te nnis co urt 23 feet fro m the northerly pro perty li ne whe n a 30 foo t se tback is requ ir ed . (T he ex isti ng house and · lakes ide tennis co u rt would be removed and rep laced by a new ho use.) #08-335 1 Ba rr y Ta nn er requests the B-1 Reta il Sa les Bu siness Di stric t reg ul ati ons (Secti on 78-644) be amend- ed to a ll ow Bow ling Centers as cond itio na l uses. #0 8-3352 Tim Ha user o n behalf of Clem K ro ll , 60 Stubbs Bay Road South , RR -1 B zoning d is t rict , re qu es ts comm ents·on a sketch plan to sub divide t he property into fo ur lots . A ll pe rsons w ishing to be heard are encouraged to attend th is meeting. This is not a final agenda a nd is subject to cha nge prio r to the hea ring. Written co mmen ts are ac - cepte d a nd sho uld be subm itted to the City of O rono by M arch 12 , 2008 if possib le. P la ns or p roposa ls are ava il - a bl e fo r review in the City Off ices and all inte rested pe r- sons are enco uraged to con tact th e City fo r fu r th er info r- mation. Fo r an appo intmen t , please ca ll (952) 249-4620. City of Oro no By: Plan ni ng Com mission /s/ Me lan ie Cu rtis, Pla nni ng & Zoning Coordi nato r Published in the Sun Sailor on March 6 , 2008. Pos ted at: Orono City Offices Crysta l Bay Post Office Lo ng Lake Post O ffice Navarre Pos t Offi ce (Ma r. 6 , 2008) a2-PC hr gs 03 1708 ~M&V---_ Notary Public e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31-09 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 #08-3350, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this J1h day of March, 2008. ~~,~~ Monica 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 Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, March 17, 2008, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: #08-3335 #08-3350 #08-3351 #08-3352 Douglas W. and Margaret S. Franchot, 2010 Colin Drive, RR-1 B zoning district, request a setback variance to allow a pool to be constructed between the principal structure and the street. J. Sven Gustafson on behalf of Frederick Peters, 3127 Casco Circle, LR-1C zoning district, in order to construct a tennis court in the street yard of the property requests a hardcover variance to have 37 percent hardcover in the 250 to 500 foot zone when the maximum allowed is 30 percent and a setback variance to place the tennis court 23 feet from the northerly property line when a 30 foot setback is required. (The existing house and lakeside tennis court would be removed and replaced by a new house.) Barry Tanner requests the B-1 Retail Sales Business District regulations (Section 78- 644) be amended to allow Bowling Centers as conditional uses. Tim Hauser on behalf of Clem Kroll, 60 Stubbs Bay Road South, RR-1 B zoning district, requests comments on a sketch plan to subdivide the property into four lots. All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are accepted and should be submitted to the City of Orono by March 12, 2008 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for further information. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission To be published in the Sun Sailor on March 6, 2008. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 2/12/2008 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHILLIP S WHIPPLE 3095 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 340008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE A VE S #104 EDINA MN 55410 38 20-117-23 34 0022 FREDERICK C PETERS 3127 CASCO CIR FREDERICK C PETERS 3127 CASCO CIR WAYZATAMN 55391 20-117-23 43 0031 HENNEPIN Cl :y PROPERTY INFORMATION SYSTEM (PROPERTY OW 38 20-117-23 34 0006 THOMAS L NORMAN JR 3105 CASCO POINT RD THOMAS L NORMAN JR 3 105 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATAMN 55391 JLIST) 38 20-117-23 34 0007 JOHN P SUMNER 3131 CASCO CIR JOHN P SUMNER 3131 CASCOClR WAYZATA MN 55391 38 20-117-23 34 0021 R G & PA DUDLEY 3125 CASCO CIR RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/TI MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 PAGE: 1 February 22, 2008 J. Sven Gustatson Stonewood LLC 7407 Wayzata Boulevard # 100 Minneapolis MN 55426 Street Address: 2750 Kelley Parkway Orono. MN 55356 REQUEST FOR FURTHER INFORMATION SUB.JECT: Zoning Application #08-3350 Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notity you within fifteen ( 15) business days as to the status oCyour application for variances for property at 3 127 Casco Circle. Below is a list of items the City of Orono is requesting to complete our review: 1. Clarification of the hardcover and the area of the lot. The hardcover calculations list the tennis court as being 4,970 square feet. However the dimensions of the tennis court on the survey are 108' by 48'. This would work out to 5,040 square feet. The survey also indicates the lot area is 27,520 square feet which does not appear to be correct. " Clarification of the nature of the easement shown along the northerly prope11y line adjacent to the proposed house. Application# 08-3350 is incomplete. lfyou wish to proceed with your application please submit this information by March 3 to remain on the March 17, 2008 Planning Commission agenda. Melanie Curtis has developed health problems that will keep her out of the office the next few months so I will be seeing your application through the process. She did indicate she had told you that Staff would not recommend approval of the hardcover variance. In reviewing your application I noticed that it also includes a setback variance from the northerly property I inc and a structural coverage variance. Chris Mattson, who sat in on your pre-application meeting does not remember discussion of a structural coverage variance. This is a variance that is not often approved. especially for new construction. I strongly urge you and Mr. Peters reconsider the application. We will refund the entire application fee and escrow if it is withdrawn before March 3. Please call me at 952-249-4623 should you have any questions. Sincerely. City ofprono / / Evelyn Turner City Planner ""''"'·"n" (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Page 1 of 1 Sven Gustafson From: Kevin Kamerud Sent: Wednesday, February 20, 2008 8:37 AM To: Sven Gustafson Subject: Peters variance Sven, As requested, I made numerous attempts to reach the owners of the properties adjacent to the Peters residence, 3127 Casco Circle. I have left phone messages for both parties but have received no calls returned. I have also made multiple visits to the neighborhood finding no one at either residence. The home at 3129 Casco Circle, according to the tax roles, is a seasonal residence and it is apparent that no one has been there in some time. I have a phone number for the owners Edina residence where I have left the messages. The home at 3125 Casco Circle shows no signs recent traffic. The owners are believed to be in Florida for the winter. :Kevin :R. Xamerud Project Manager/Estimator Stonewood Renovation, Inc 7407 Wayzata Blvd Suite 100 Minneapolis, MN 55426 952-471-0584 Office 952-856-6190 Fax 952-292-0323 Cell phone kevin@stonewood.com www .stonewoodrenovation.com 2/20/2008 33~ /if?i.U. vt-NI: J . .sv en _G,us~ S lo rleWoocl ~ Orono -.pplication · 7401 \/\IQ ~ Sl1d 4f(OD --=-=-,~= W\ ,n Vl~J ·u m N ~-1-t=..,,,(o~=---'"-= 5~tn@.5bt:1e.woNJ.co~ q52--~7 -co.q c___ '"'6 Application# ('.)t"-.3.~ Date Received : 2-2..t) :O K Staff : Fee : $600 ---'---,---------Renew a I: $250 ---'--------A ft er -the -fact: $1 ,200 Double Fee Escrow Fee : $600 I $2 ,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address : ~\ 2--7 l .. ,. c o Property Identification Number (PIN): c \ tt. I ~ c-l"t i:) , ""' ~ 'Z,.o-\\,--Z..°?-°3'-i-OQ'°L"?.. Date Property Acquired (month/year): -:s-...... <-'2.,QoL-1 □ Yes, I own the adjacent parcels . Zoning District: \...~, '-. ~--~------ APPLICANT INFORMATION : (Complete legal names and marital status required for each interested party) Name : ~l"·C ~~\c . .r·-l. 1'-c-1'-<rS Phone (home): ____________ Phone (work): ~s1--'13'6'-It.fa.a >< "2-11 Complete Address: l _\ "Z._, __ ~~""~f _c_o _t:_1 _, r_c.~t-<-~----------------------- City , State & ZIP or.-~0 fw\.N fS3"'f 1 Email: ~f<-tu~® \ASc:.. if\. co~ Fax: OWNER INFORMATION: (Complete legal names and marital statLJ_s required for each interested party) Name: Phone (home): Complete Address: City, State & ZIP Email : ------------Phone (work): Fax: -------------------- DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): W<.. (elH:e'S-t A \IM'l',.,, .. c.-<.... o...i {ht'? 1'•~f:t''-t-1 -tn t't>r,J"i-fr.,c--f #\ -14 -#3350 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • 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. ihe 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 the 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. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commissi nd Council. If an applicant and/or owner is unable to attend a scheduled meeting, plea e arrangements to have an authorized representative attend in place of the applicant/o r nd advise the City Planner assigned to your project. Applicant's Signature: Applicant's Signature: Owner's Signature: . Date: ---,,~~~~=~-- Owner's Signature: Date: -15 -#335 RUN DATE: 2/12/2008 38 20-117-23 34 0005 PHILLIP S WHIPPLE 3095 CASCO POINT RD PHJLLIP S WHIPPLE 3095 CASCO POINT RD WAYZATA MN 5539 1 38 20-117-23 34 0008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE AVES #104 EDINAMN 554 10 38 20-11 7-23 34 0022 FREDERICK C PETERS 3 127 CASCO CIR FREDERICK C PETERS 3 127 CASCO CIR WAYZATAMN 5539 1 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS PO BOX 66 CRYSTAL BAY MN 55323 HENNEPIN Cvv1.,TY PROPERTY INFORMATION SYSTEM (PROPERTY OWM,RS LIST) 38 20-117-23 34 0006 THOMAS L NORMAN JR 3105 CASCO POINT RD THOMAS L NORMAN JR 3105 CASCO POINT RD WAYZATAMN 5539 1 38 20-117-23 34 0010 CHERYL CORYEA 3085 CASCO POINT RD CHERYL CORYEA 3085 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATAMN 5539 1 38 20-117-23 34 0007 JOHN P SUMNER 3131 CASCO CIR JOHN P SUMNER 3131 CASCO CIR WAYZATAMN 55391 38 20-117-23 34 002 I RG &PA DUDLEY 3125 CASCO CIR RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATA MN 55391 38 20-117-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/TI MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 PAGE: 1 Atf",~e-l-____. HARDSHIP 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 Stat tes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be grante . The hardship must be unique to the property as variances run with the land and not the land owner. Personal a d economic situations are not considered valid h rdships. In order for an application to be heard by the Planning ommission and City Council a hardship havin merit must be demonstrated. HOW DO I PROVE A HARD HIP? This form has 12 points outlirn g the basis City staff uses to determi if a hardship exists and how the variance will affect the surrounding co unity. To prove a hardship, addr: ss all the relevant points listed below and answer them as clearly as possi e. Since you are requesting the code exception, you have the b den of proving that the variance is justified. The information the City receives i what is used in determin· g a denial or approval recommendation. If you leave something out it will not be con ·dered. Please address each of these hardship criteria as they rel e to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be p t to a reas able use if used under conditions allowed by the official controls." 2. "The plight of the landowner is due to circu tances unique to his property not created by the landowner." 4. "Economic considerations alon shall not constitu e an undue hardship if reasonable use for the property exists under the terms of the ning Chapter." 5. "Undue hardship also i eludes, but is not limited to, i adequate access to direct sunlight for solar energy systems. Variances all be granted for earth shelte d construction as defined in Minnesota Statutes, Section 116J.06, Su . 2, when in harmony with this Cha ter." 6. "The Board of ::A.ppeals and Adjustments or the Council ma not permit as a variance any use that is not permitted un r this Chapter for property in the zone where th affected person's land is located." -19 - 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. "The conditions do not apply generally to other 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 applicant." 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 hardship or difficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): -20 - DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its 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 rights under Minnesota State Statute 13.04 (see preceding page) to review private data on yourself. 6. Your full name is required to process this application or permit. APPLICANT: First "3)"2.1 Address City I understand my ri~tated above. ga,~ A~cant Signature OWNER: C.. Middle First Middle Address City State Zip State Zip -17 - Last Phone Last Phone #3350 APPLICATION ESCROW AGREEMENT Zoning Application #08-____ _ AGREEMENT made this ___ day of---,,----' 2008, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and (r-.: tr,'g: ~1t 4 '> c.<:=-"!>I Z.1 C\$c, 'V .. M--t { ! ((.,I-<-N<>l'H ""'...:i [a corporation -optiona~ ("Applicant"). Recitals 1. Applicant has filed Zoning Application #08-_____ formally requesting the City to review plansfor £e--.1$-tr.,<f.'~~ .. ~ ... t:leW ,.-s:~ ... .ic:-31 -f-.,r-\i-J\<; to.---rf locatedat ~\-Z.'7 c ... ,;co ~ .. t,1\-'i C~rc.1-c.. <>f"~•-H the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. 2. Applicant requests the City to review said plans which requires City approval including ___ _ ... d .. <.•\Jc..r -.J<-<1"'-''..... ("""( ....... ~ l,Jy-\,\\~ ~ "2.,-12 -.,;; ... <) ~ ... ~ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes 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 Applicant shall deposit$ "Z~ 0 :) 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 Applicant, reviewing the plans, and preparing agenda packet material for City Council review of application #08-_____ . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, 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: _____________ _ Its: _____________ _ Its: -10 -#3350 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____ , 2008, by the ________ of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The f9re~ing instrument was acknowledged before me this 13/J.. day of /i6roa..ry , 2008, by FrttoL-rt.-berr , 't!'tl'lieerl'ltt11tti5,SbO"ia!!11'1Td,dh:of71"::::::::::::::=::::;:=::::::=... the All)plicant. STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) ~2~&z Notary Pubic ;A.1¥ .. v., ...... •·,N·+Y',?c#+"ll.-~.,p ...... y~ 111 I. JOAN M. THARP I NOTARY PUBLIC-MINNESOTA ., My Commission Expires Jan. 31, 2010 Ill The foregoing instrument was acknowledged before me this ___ day of ______ , 2008, by _________________ , the wife of the Applicant. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this day of _____ , 2008 by ______________ [name of officer], the _________________ _ [title of officer], of ___________________ [entity's name], a _______ _ _________________ [entity's designation, e.g. a Minnesota corporation], on behalf of the [entity's designation]. #3350 Notary Public -11 - EXHIBIT "A" LEGAL DESCRIPTION -12 - #335 CONSENT TO ESCROW AGREEMENT fr<.l..-~c.K ~ ... t-.. rc, and _____________ _, ("Property Owners") are the owners in fee simple of all or part of the property more particularly described in the foregoing Application to Escrow Agreement, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby join in, consent to, and agree to the terms and conditions subject to the foregoing Application to Escrow Agreement. PROPERTY ow~ By: ~ Its: ------------- By: _______________ _ Its: ____________ _ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 5ul P.if::;:;t , h1:1seanel ot /!, b.,. day of f.iJK+-«y , 20./Jf!., by the Property Owners. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _____ _, 20_, by ______________ _, wife of the Property Owners. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me this _____ day of _____ _, 2008 by ______________ [name of officer], the _________________ _ [title of officer], of ___________________ [entity's name], a _______ _ _________________ [entity's designation, e.g. a Minnesota corporation], on behalf of the __________________ [entity's designation]. #3350 Notary Public -13 - Variance Receipt Page 1 of 1 Hennepin County Taxpayer Services: Variance Receipt Organization: Stonewood Contact Name: Ivan ----- ContactAddress : 3127 Casco Circle Orono ,MN 38 Contact Phone: -- Contact Email: -- Buffer Distance (ft): 150 Total Number of Labels : 10 PID List: Date: 2/12/2008 3:15 :35 PM Batch Number: 2-672 38 20-117~23 34 0005 , 38 20-117-23 34 0006 , 38 20-117-23 34 0007, 38 20-117-23 34 0008 , 38 20-117-23 34 0010 38 20-117 -23 34 0021 , 38 20 -11 7-23 34 0022 , 38 20-117-23 43 0029 , 38 20-117-23 43 0030 , 38 20-117-23 43 0031 Comments : 150-foot list PAID FEB 1 9 2008 TAXPAYER SERVICES HENNEPIN COUNTY, MN Total Cost: $25.00 http://tsgis/MailingLabels/popReceipt.aspx?Count= 1 0& Var=2-672&C _ Company=Stonew... 2/12/2008 "' COPYRIGHT 1'2XZl1, ALEXANDER DESIGN GROUP, INC, SEAMED FIRSTR.OOR ~ TGP~5UBF:_R ___ ~_ ll t -------------- BASEMENT ...IQE..q-5LAB_~4o&.& ------------------------------------ ED FRONT eL.evATION l:>'LAP!i1D!NG- -4"CO!<t-ERl30S. 2' T~!N OJf Stet-IE FER ELEV. ;;• l1NPlll AND DR lf<lh SD$. CEPAA ~ FEREi.EV. #3350 401' EAST LA.KB STREEf WAYZ.4-l'A. MN 35391 . Phone: 952.413.8777 FAX: 952.473,8222 r 111: ~ w l) z w Q d) &! ~ w t- ~ I i ...,..>--_,__ __ --------- 1ND R..R. MA6TER SUITE -.,.-~ T0P_9~~~---- «l ;! FIRST FLOOR TOP OF sue FLR COPYRIG!-IT 20€>1, ALEXANDER DESIGN qtRctlP, !NC. ,-----------~------------- 15"" SQ. Cl;;DAR F-4NELED COi.i.MN& ED p;;eA~ ELEVATION ecAL.1!1 V,4•■1•-e,,• 12• SQ. CEDAR PANELl::O COLLl/'1N SECOND FLOOR _______ TOPOF51.18FLR 15" SQ. CEDAR PANELED COL.U'NS FIIQT FLOOR _____ ..: _2_0~ OF 5Uf: FLR. _ .... k\_ ;;\ "I"" &"LAP51D~ '4'C.OFNER605. , 2• n-lN CUT STONE FER fl.EV. Si &'iU'O.ILANDDR.TRNeoS. tQ CEDAR SF.ACKETS FEF< El.El/. #3350 -Wl E'I.STLAKESTREET WA YZAT.l\.. M~ ."15391 Phnne: 952.413.8777 PAX: 952.413.8222 11 I Ii Ii: ill ~ QQQ ~~~ ~~~ ~ Q "' !;;: i > Ill ... i Ill lit .. 8 II! .. / CD RIG:1-ff SIDE ELEVATION sc.AL= v.c.•.11-e .. COPYRIGHT 2(2:)01. ALEXANDER DESIGN GRCXJP, INC. ·'t-t;sli~~~-1------------------~~~~~ :1i ----------l FIRST R..OOR ~~-FLR :li ., -------~ .&'LAP &JDN:; 4' c;QFt<eReDS. ,, THlti o.lT STCNE FER !::LEV. Ill,' u.ND!U AWD DR l~M eo&. CEDAR 6R.AO::J:::IT, PER ELEY. 8ASB1ENT ____________ TOPq_~ -$- #3350 ~Ol EAST L.4.KE STREET WAY'L4.TA, MN 55391 Phone: 952.473.8717 .FAX.: 952.473,SW 111 u z 111 Q d) ~ ~ 111 t- tf -1,,11\---',~------------- I!:>' SQ. C:EDAR PANELED COLUM-lS. PER ELEV. COPYRIGHT 101Z)7, ALEXANDER DESIGN GROUP, INC. rTf I l l I '' IQ)n~ Janl \''it)" I I '' '' '' 1 I [J FRB+HE iFREHEFR -1111 6" LAP 5101NG 4"COMR8D&. i• lt<!l4 CUT STONE FER a.EV. 6"\I.NO\,l.l~PR~M6D$. #3350 4{lt EASTL<\KESTREEI' WAYZ..\1:.\, MN 55391 l"l.1011e: 952.473.:3777 F.\X: 952.413.8221 Ii 1· -m ~ w 0 z w Q d) ~ ~ w t- ~ I i &" LAPS!D!NG 4"~RSDS. 2" il-ltw CllT 5Tct-E FER ELEV. f.>"IJ.t.lOUJ.A!CPR~l3re. CEPAA~5FEf,!aEV. 8A5EMENJ TOPQFSLAB ______ _ COPYRIGHT 2007, ALEXANDER DESIGN GROUP, !NC. #3350 401 EASTLAKESTREET WA'i'Ll\.1'_4., MN 55391 Phom::952.473.8777 FAX: 952.473.8212 r Q I o,; 11 Ii. m ,SI Q .. ~ ~ '" ... '" I .. '5 w u z w Q d) ~ 1Q w t-t ~~ti >->-~ l~ ::: Ill Ii I i i .. P<CKJ .t"""" ;, __1.INE~lll.ALL~ Q ,. ,, CH ~ u L.81,1; MSDltJ!OOM ~ ~ C!<f'T. ID° AAC!-leD OFEl-ll!'t:t ---- ii t (~_ ... I,._.,. ~ ~ ~ c.-r. I .. Rt SLUrL/O ~ ""1-aaou ,: _ _ud\ -.../ 2◄'·"' LOWER LEVEL FLOOR FLAN COP'fRIGl-4T 2001, ALEXANOE~ DESIGN GROUP. INC. ~ Q .. I (t ( i s·-~· S' :. ~ <01 E '\ST LAKE STREET w. .\VZATA.M\I 55:\91 p hone: 952.473.8177 PAX: 951,473.8221 ~ I H a !!! ~ f[ ~ () ii ~ w ..J oc ~ ..J UJ u ill Q d) it! ~ UJ I- ~ Q Ii: ill ~ Q!j !i ~,q l-'l~ill QQQ OC>-,-...... J:J:i: C Ii "' "' ~ w f ,a Q ,. COPYRIGHT 2<21€17, ALEXANDER DESIGN GROUP, INC. ' ' ' --l i ' ! i i ' i i I l I i i I I -, I I ' f;:---26'1-1 SlctE WALL UitF!.AILN$ © MAIN LEVEL FLOO~ FLAN 2·-~· ,,., - I ii I ~I 1!1 ,.. RE!'. :>~. -13'-6" .~ eoxv.AULTUlt PIN~ (t]-----------j ~ /'\ / \ // \ 5QUARE fOOTACE \ \ \ \ \ \ VAll.1£0 ~ ·eqpi \ ) t.:ll'·"" 14'-e• ~ ~ i ...... :. ~ 4f3350 -IO! E.'1..ST L/\KE STREET WAYZAT.I\.M:--1 55391 Phone: 952.473,8717 PAX: 952.4-73,8212 w 0 z w Q d) lit ~ w l- ie r COPYRIGHT zeien. ALEXANDER DESIGN GRCtlP, INC. 21'•tl" IN!' ---------------------, ---Li'cOFf,!OOF.Ae,OVE- 1:EBQFFICE cwr. ~ cw,. I I , . 1· ,~ I I E!IJILT•lfl (D ':!:'::!:.;eveL. FL.ooiie FL.AN ... -41'·•· '!'·•· ~ Tl.e C.T.OECI< \ \ \ W-t>' \ > 5GUA\i;E FOOTA3E nAIH• 21Si2)5• UPPER-11-41.l!lf LCILER LE\IEL· 2C84~ TOTA!.-&(:)1l5f LINE CF ~t,l 6ELO.U r----~ / '-.. / '-.. r- 1 I I I I I I IG l:i! 1! I~ I I L_ s :, t= '-.. / / / __ _/ l I I I ) TO: Planning Commission FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 11, 1983 SUBJECT: 4f752 Michael Noel, 3125 Casco Circle -Preliuinary Subdivision Zoning District= LR-lC Area= 103,300 or 2.3 acres Application= Subdivision -Plat -2 lots Planning Commission Action -Public Hearing -Recommendation for Preliminary Approval At the work session meeting of C"~me 20, 1983, Plannin9 Commission asked that staff review the hardcover on the newly created lot. 0-75' -7,500 sf area 75'-250' -17,500 sf area 25% = 4,375 sf allowed = 7,500 sf existing -3,125 sf or 18% over within 75-250 250'-500' = 24,300 sf area ~ 30% = 7,290 sf allowed = 4,165 sf allowance fer new house and new drive Planning Commission should note the 20' sanitary sewer easement that intersects the lakeshore yards. The City will ask that a 20' utility easement be designated and dedicated on the Flat. Five feet of the west side of the tennis court encroaches the easement. Future owner is responsible for all repair to court if. the City damages any portion within defined easement if maintenance repair is required. STAFF RECOMMENDATION To recommend preliminary approval of the two lot residential Dlat of Michael Noel finding all standards of the LR-lC zoning ·· district have been satisfied and that there is adequate sewer and water capacity within the existing municipal systems to serve the new residential unit. Approval is subject to the following conditions: 1 Newly created lot is allowed 4,165 sf of additional hardcover -allowed 11,665 sf (existing 7,500 sf) 2 -20' sewer easement to be designated as a utility easement on the plat and dedicated to the City. 3 -Future owner of newly created lot must make all repairs to tennis court located within defined utility easement if City must make repairs to existing lines. Payment of $400.00 park fee for newly created lot. 1 -1.99@ $400.00 for new lot. I I I \ I \ \ -------------------------------------, i I I \ \ ,I X !\ I \ I 0-75 AREA 7500 SF EXISTING CONC PATIO 150 SF/2.0% PROPOSED OSF 0% REDUCTION 150 SF HARDCOVER 75 -250 AREA = 17500 SF X 25% = 4375 SFHCA EXISTING 10846 SF /62% PROPOSED HOUSE = 3127 SF FPORCH = 144 SF DECKS = 466 SF DRIVE = 10 SF WALK = 65 SF CSTPS = 58 SF TOT AL = 3870 SF ~OF LOT AREA) RWALLS = 40 SF (22.3%) >46OSF NET REDUCTION = 6935 SF TOTAL HC REDUCTION = 8356 SF (VARIES) 250 + AREA = 24800 SF X30% = 7 440 SFHCA EXISTING 10500 SF/41% PROPOSED HOUSE = 535 SF DRIVE = 3620 SF WALK = 35 SF STEPS = 40 SF TENNIS CT. = 4970 SF TOT AL = 9200 SF (37% <~~6~0T AREA) RWALLS 30 SF <1790 NET REDUCTION = 1270 SF REVSD 11-18-09 o":>·' PROPOSED ELEVATIONS GARAGE FLOOR= 962.3 TOP OF FOUNDATION = 959.3 UNDER GARAGE FLOOR = 952.0 LOWEST FLOOR=950.5 SOD ALL SURF ACE GRADED AREAS 0 1 0 20 40 60 SCALE IN FEET ,,.,, = EXISTING SPOT ELEVATION. X(998.0)= PROPOSED SPOT ELEVATION _,., .. · ·· = DIRECTION SURFACE DRAINAGE COH = CANTILEVERED OVERHANG OHL = OVERHEAD UTILITY LINE GFE = GARAGE FLOOR ELEVATION TFE = TOP OF FOUNDATION ELEV A TION LFE = LOWEST FLOOR ELEVATION LEGAL DESCRIPTION LOT 2, BLOCK 1, COLORADO SPRINGS ADDRESS -3127 CASCO CIRCLE PID#20-117-23-34-0022 LOT AREA = 49900 SF/ 1.14 AC HOUSE, PORCH, DECKS SF = 4272 / 8.5% LOT SURVEY IS SUBJECT TO CHANGE PER TITLE OR EASEMENT INFORMATION VERIFY ALL DIMENSIONS AND ELEV A TIONS WITH HOUSE PLANS VERIFY ALL SETBACKS WITH CITY