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Home My WebLink AboutProject PacketCITY of ORONO October 23, 2007 Jean Olson CAMPBELL KNUTSON, P.A. 1380 Corporate Center Curve Suite 317 Eagan, MN 55121 RE: Resolution No. 5315 Resolution No. 5606 Dear Jean : Street Address: 2750 Kelley Parkway Orono , MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 -0066 Enclosed are two resolutions that were returned to the City for corrections. The following corrections have been made and the resolutions should be resubmitted for recording: 1. Resolution No. 5315 (File No. 05-3086, Philip W . Ordway and Cassandra S. Ordway) a. Legal description corrected -Page 1 of resolution has been replaced with correct legal description. 2. Resolution No. 5606 (File No. 07-3270, Milo H. Thompson and Audrey J. Thompson) a . Legal description corrected -Page 1 of resolution has been replaced with correct legal description. Please call me at 952-249-4602 with any questions. Thanks for your help . Sincerely, t1it~ Lin Vee City Clerk Enc. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Thomas J. Campbell Roger N. Knutson Thomas M. Scott EHiott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F .. Kelly Henry A .. Schaeffer, IH Alina Schwartz Samuel J~ Edmunds Marguerite M. Mc:Canon 1380 Corporate Center Curve Suite 317 ~ Eagan~ MN 55121 651-452-5000 Fax 651-452-5550 VJW'PV ~ck-hnv ~com CAMPBELL KNUTSON Professional Association Ms. Rachel Dodge, Deputy Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323 August 30, 2007 ,£ Re: Resolution No. 5606, File No. 07-3270 (Thompson) (hJ2~~ • Resolution No. 5639, File No. 07-3284 (Ritchie) ·r"'.etu' · Dear Rachel: In regard to the above-referenced matters, I am returning to you both original unrecorded Resolutions. Resolution No. 5606 was rejected by Hennepin County due to an incomplete legal description. Enclosed is a copy of the letter from the Deputy Registrar along with a copy of Certificate of Title No. 1167411. Resolution No. 5639 was rejected by Hennepin County because, according to the County's records, the Ritchies do not have a recorded interest in Outlot A. Enclosed is a copy of the letter from the Deputy Registrar along with a copy of the Certificate of Title No. 1195426. If you have any questions, please give me a call. /jmo Enclosure 133737 Very truly yours, CAMPBELL KNUTSON Professional Association Hennepin County Taxpayer Services Department Public Records Division, County Recorder/Registrar of Titles A500, Hennepin County Government Center 612.348.3050 Phone 300 South Sixth Street 612.348.4948 Fax Minneapolis, Minnesota 55487 Date: Monday, August 27, 2007 From: Sally Bentson, Deputy Registrar Telephone: {612) 348-4542 Certificate No: 1167411 RE: Un-recordable Documents www.co.hennepin.mn.us (See website for fee schedules) Please Note: Return a self addressed stamped envelope for the return of each original document and a second envelope for any copies either submitted with, or ordered. The documents submitted to our office for filing are returned herewith. They are not acceptable for filing due to the following deficiencies: Legal incomplete--see certificate for highlighted portion of legal that was missed Certificate of Title Certificate Number: 1167411 Document Number: 4182189 Transfer From Certificate Number: 1080938 Originally registered the 28th day of April , 1955. Also originally registered the 20th day of February, 1970. Book : 765 Page : 232596 Book : 1497 Page : 452152 Dist. Court No.: 12463 Dist. Court No.: 16333 State of Minnesota County of Hennepin This is to certify that } S.S. REGISTRATION Milo H. Thompson , whose address is 3135 Casco Circle , Orono , Minnesota , 55391 Audrey J. Thompson, whose address is 3135 Casco Circle, Orono, Minnesota, 55391 as joint tenants are now the owners of an estate in fee simple of and in the following described land situated in the County of t:tennepin and State of Minnesota, Lot41 ; , That part of Lot 64 , that part of vacated Lake Shore Avenue , and that' part of the tract of land between said Avenue and the shore of Lake Minnetonka all described as : Beginning at the Northwest corner of Lo_t 41 , which point is marked by a Judicial Landmark set pursuant to Torrens Ca _se No : 16333 ; thence South along the West line of Lot 41 and its extension a distance of 219 .07 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case No . 16333; thence continuing South along said extension to the shore of, Lake Minnetonka ; thence Easterly along said shore to its intersection with the extension South of the East line of Lot 41 ; thence North to the Northeast corner of Lot 41 ; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.00 feet Northwesterly from the most Easterly corner of Lot 64 ; thence Northwesterly along said Northeasterly line to its intersection with a line drawn parallel with and 24 .00 feet Southeasterly , measured at right.angles from the Northwesterly line of Lot 64 and its extension , which point is marked by a Judicial Landmark set pursuant to Torrens Case No . 16333 ; thence Southwesterly along said parallel line a distance of 68 .94 feet , more or less to a point 4.00 feet Southwesterly along said parallel line from its intersection with the e xtension North of the West line of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case No. 16333; thence Southerly a distance of 51 .35 feet, more or less to the point of beginning; All in Spring Park . · Subject to minerals and mineral rights reserved by .the State of Minnesota ; (As to part of Lot 64) 1 1 ', Subject to the interests shown by the following memorials and to the .following rights or encumbrances set forth in Minnesota statutes chapter 508, namely : 1. Liens, claims , or rights arising under the laws or the Constitution of the United States , which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years , when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title ; 7. Any outstanding mechanics lien rights which may exist under Minnesota statutes sections 514.01 to 514.17. MEMORIALS Document Document Date of Registration Number Type Month Day, Year Time Amount($) Running in Favor of 86006E Easement Oct 13 , 1966 03 :00 PM The City of Orono . Granting a perpetual underground util ity easement overotofaboveland . /See Inst) 166918t Resolution Sep 04, 1985 04:00 PM Resolution No. 1789. By the City Council of the City of Orono . Granting a conditional use permit allowing alteration of old boat house structure . I/See Inst) 410091S Resolution Apr 12 ,2005 12 :00 PM Resolution No. 5253 . By the City Council of the City of Orono . Granting a variance . (See Inst) Page 1 of 2 Document Document Date of Registration Number Type Month Day, Year Time 4100920 Resolution Apr 12,2005 12:00 PM 4205283 Satisfaction of Dec 23,2005 03:00 PM Mortaaae 438869f Mortgage May 21,2007 02:00 PM ATS Indexes verified through August 17, 2007 Certificate Number: 1167 411.0 Amount($) 750,000.00 Running in Favor of Resolution No. 5254. By the City Council of the City of Orono. Granting a variance. ( See Inst) (See Appl. Doc. No. 4110391) Satisfies Doc. No. 3675586, which was satisfied on a previous Ctf. U.S. Bank, National Association City of Minneapolis, State of Minnesota Made bv Milo H Thompson & Audrey J Thompson, hus & wf IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 27th day of October, 2005. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. Page 2 of 2 Conti rmat Job number Date To Document pages Start time End time Pages sent Status Job number L>are: To: .Fax: Re: Sender: ion 377 Report -Memory Send Time Jul-18-2007 04:28pm Tel I ine +9522494616 Name CITY OF ORONO 377 Jul-18 04:27pm 7636948801 002 Jul-18 04:27pm Jul-18 04:28pm 002 OK *** SEND SUCCESSFUL *** Ci..-t:y e>f C>r<>.:n.<> Lyle Oman .Hutlatng Off·U::te1l 1'1:ailing Address: Office Address; Post: Office Box 66 2750 l<.e:lley Parkway Cry.s1:al Bay . .lv:IN' 55.325 Orono,. NlN 55356 Office (952) 249-4600 • Fax: (S,52) 24.!)-461.6 lom:t.n@c:i.orono.mn.us 2750 KelZe;y .Parkw~ .P,Q_ Box 66 Cr;yst'al Bay, .1v.L1V .55.32.3 ('952_) 249-4600 Fax: (952_) 249-46.Z 6 . F.A.X TRANSJM:ISSION COVER. S:H'.EET <&SO I · YOU SJ-IOVL.D R.ECEIVE=-=-,..,,,...=--=--c-=-c-----.PAGE('s;), ZN"CLUDI~G TJzIS COVER SJz.EET. IF YOU .DO NOT .RECEIVE A.LL T.Fz.E .PAGES, PLE..~SE C--!.LL ('f;'.5::?,,,..l 249-4000. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 23, 2007 7:00 o'clock p.m. (#06-3245 Michael and Karen Maney, Continued) deal with similar situations. McMillan stated the City wants to see quality homes constructed but that the City does not want to be playing games with applicants who propose constructing on an existing foundation and then later saying that the foundation is in poor condition. VOTE: Ayes 4, Nays 1, Bremer Opposed. Mattick inquired whether the City Council would like to make a motion to amend the resolution . McMillan moved, Rahn seconded, to direct Staff to prepare an amended resolution to Resolution No. 5570. VOTE: Ayes 4, Nays 1, Bremer Opposed. *5. #07-3255 CATHERINE SWEET, 3405 CRYSTAL BAY ROAD-VARIANCE- RESOLUTION NO. 5605 McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5605, a Resolution granting a setback variance, hardcover variances, and an encroachment variance for the property located at 3405 Crystal Bay Road. VOTE: Ayes 4, Nays 0. *SA. #07-3255 CATHERINE SWEET, 3405 CRYSTAL BAY ROAD-ENCROACHMENT AGREEMENT McMillan moved, Murphy seconded, to accept the encroachment agreement and to authorize the Mayor and the City Clerk to sign it after Ms. Sweet has executed the agreement. VOTE: Ayes 4, Nays 0. *6. #07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE -VARIAN CE AND CONDITIONAL USE PERMIT-RESOLUTION NO. 5606 McMillan moved, Murphy seconded, to adopt RESOLUTION NO. 5606, a Resolution granting a · conditional use permit, side setback variance and half-story definition variance for the property located at 3135 Casco Circle. VOTE: Ayes 4, Nays 0. PAGE7 .• MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. (12. #07-3255 CATHERINE SWEET, 3405 CRYSTAL BAY ROAD, Continued) Turner stated here is an issue with the building code if the garage is located less than three feet from the property line. McMillan suggested the back comer (as well as the front comer) be located five feet from the property line. McMillan moved, White seconded, to direct Staff to draft a resolution in accordance with the recommendations of the Planning Commission. VOTE: Ayes 5, Nays 0. 13. #07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE -VARIANCE AND CONDITIONAL USE PERMIT Jeff Sweitzer, Architect, appeared on behalf of the Applicant. Curtis stated the applicant is proposing to construct major additions to the existing home resulting in a long, narrow home with an attached garage. The garage portion of the home will also serve as a studio/workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a third level. By strict interpretation of the Code the tower becomes a full story rather than a half story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot area and side yard setback variances. The applicant is requesting the following variances: 1. A lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required; 2. A side yard setback variance to allow construction within the 10 foot required side setback; 3. A variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; 4. A variance from the hardcover policy resolution requirement to provide hardcover to any garage door; 5. A conditional use permit to allow a guest apartment. The Planning Commission recommended approval of the application as proposed. Staff recommends approval of the lot width variance; approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline; and a waiver of the policy requiring that all garage doors be provided with a hardcover driveway. The Council should discuss the half story and make a determination as to whether or not a variance is reasonable. In addition, Staff recommends approval of the conditional use permit for the non-rental guest apartment with the standard covenants. Murphy stated he has reviewed the drawings a number of times . Murphy inquired how this structure fits in with the other homes in the neighborhood. Curtis stated the home to the east is long and wide . White commented that it is difficult to see the other homes from this lot and that this structure does not seem to stand out. PAGE 10 of22 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 9, 2007 7:00 o'clock p.m. (13. #07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE, Continued) Curtis pointed out that there is a fair amount of vegetation on this property and that basically only the entrance of the house is visible from the roadway. Sweitzer indicated they are also proposing a fair amount of landscaping along the property lines to help further screen the house. Bremer stated she likes the variation in the roof elevation. Curtis noted the house does meet the City's 30 foot height restriction. McMillan pointed out that technically the whole length of the house could be constructed as the height of the peak and that the decrease in the height helps to reduce the massing on the lot. Sweitzer stated the property owner has spoken with the two adjoining property owners and that they are not opposed to the project. White stated in his view the tower is reasonable since it helps to reduce the massing. Rahn moved, McMillan seconded, to direct Staff to draft a resolution approving the variances and conditional use permit as outlined in Stafrs report dated April 3, 2007, for the property located at 3135 Casco Circle. VOTE: Ayes 5, Nays 0. 14. #07-3271 JUDSON M. DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH-SKETCH PLAN: EW LOTS Judson Dayton, Applicant; John Winston, Attorney-at-Law appearing on behalf of Judson Dayton; Paul Zislow, Attorney-at-Law appearing on behalf of Lisa Dayton, were present. Gaffron noted this is a sketch plan review and that the applicant is proposing to combine the three existing tax parcels and subdivide the property to create three new two plus acre building lots and one large parcel for the existing residence, caretaker house and horse barn. The four lots are proposed to be served by two private driveway outlots over the two existing driveway accesses onto Old Crystal Bay Road. The easterly of the two existing smaller parcels contains a cabin. The westerly of the smaller parcels contains a variety of small outbuildings near the lakeshore. Each of the four lots abuts the lakeshore of Maxwell Bay and each exceeds two dry buildable acres in area and 200 feet in width measured at the shoreline and at the 75-foot lakeshore setback line. Lots 1, 3, and 4 have functional lot widths of 170 to 190 feet, leaving a potential buildable width of 110 to 130 feet once the 30-foot side setbacks are accounted for. Lot 2 abuts a public or private road. Lot 1 is proposed to access Old Crystal Bay Road via proposed Outlot B, a variable-width corridor in which exists a driveway that would also serve Lot 2. Lots 3 and 4 are proposed to gain access to Old Crystal Bay Road via Outlot A, a proposed 30 foot corridor in which exists a second driveway. Based on the definition of"back lot" and the standards of Section 82-256, Lots 1, 3, and 4 would be considered as back lots until or unless they abut an acceptable private or public road. The minimum PAGE 11 of22 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3266 Vogue ICF Homes, Continued) Turner stated under the floodplain regulations, the applicants are required to create storage capacity and that those plans are reviewed by both the City and the Minnehaha Water. Shed District. Vogstrom stated the latest grading plan does address those issues raised by Staff. Turner noted the City Engineer's comments are regarding the first plan and not the plan that is before the Planning Commission. Vogstrom indicated they will redesign the house in an attempt to meet the concerns raised by the Planning Commission. It was the consensus of the Planning Commission to require the hardcover be reduced below 3,000 square feet. Kroeger moved, Berg seconded, to table Application #07-3266 Vogue ICF Homes on behalf of Benjamin and Karen Milbrath, 1404 Baldur Park Road. VOTE: Ayes 7, Nays 0. *8. 07-3269 SHERRY EV ANS, 1380 RAILROAD A VENUE, VARIAN CE Winer moved, Zullo seconded, to recommend approval of Application #07-3269, Sherry Evans, 1380 Railroad Avenue, granting of setback variances subject to the submission of an updated survey showing the proposed addition and hardcover calculations with the building permit application. VOTE: Ayes 7, Nays 0. 9. 07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE, VARIAN CE , 8:38 -8:58 P.M. Milo Thompson, Applicant, and Jeffrey Sweitzer, Architect, were present. Curtis stated the applicant is requesting the following variances in order to construct extensive additions to the existing home: 1. Lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required ; 2. Side yard setback variance to allow construction within the 10 foot required side setback. The additions are proposed to be constructed above ex isting portions of the home with an eight-foot side yard setback where a ten-foot setback is normally required; PAGE 18 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3270 Milo Thompson, Continued) 3. A variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; 4. A variance from the Hardcover Policy Resolution requirement to provide hardcover to any garage door. In addition, the applicants are requesting a conditional use permit to allow a guest apartment. Staff recommends approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline. The Planning Commission should discuss the half-story and make a recommendation to the applicants and to the City Council. Further, the Planning Staff recommends approval of the conditional use permit for the non-rental guest apartment with the following stipulations: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be permitted. Thompson stated the existing two ends of the house have been constructed out of solid concrete and are very solid. Thompson stated those two ends would remain, with the pitch of the roof being changed. The house has been designed to be a retirement house and also to accommodate his children and grandchildren. Thompson stated currently there is a detached garage with a sloping sidewalk that becomes icy in the wintertime. Thompson stated they have attempted to eliminate as many steps as possible and to design the steps to be able to be negotiated by a chair lift. Thompson stated the guest apartment could possibly house a caretaker or visitors. Thompson noted they have kept within the City's hardcover limits and that the house does conform to the City's height regulation. Thompson stated the house is long and narrow due to the lot and has been designed to meet their needs as they grow older. Acting Chair Kempf opened the public hearing at 8:55 p.m. There were no public comments regarding this application. Acting Chair Kempf closed the public hearing at 8:55 p.m. Thompson stated there are two side yards that will be turned into garden and flower beds. PAGE19 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 19, 2007 6:00 o'clock p.m. (#07-3270 Milo Thompson, Continued) Sweitzer pointed out the ramp and landscaping areas on the overhead. Thompson stated the property is well screened by a row of six foot arborvitae and has a large number of trees . Thompson stated the house is not out of character with the two adjacent houses. Kempf inquired whether anyone on the Planning Commission would be opposed to the side yard variance. It was the consensus of the Planning Commission that they would not be opposed to the side yard variance. Kempf inquired what the total square footage of the lookout is . Thompson stated it is 13 ' x 20 ' and that a queen size bed would fill the room. Kroeger commented from the street side the house is well screened. Thompson stated one tree would need to be removed in order to construct the garage. Sweitzer indicated the existing garage is not in good condition and should be tom down. Sweitzer stated another reason for the larger windows is to allow egress. Kempf inquired whether anyone on the Planning Commission is opposed to the entryway as proposed. It was the consensus of the Planning Commission that the entryway is fine as proposed. Kempf moved, Winer seconded, to recommend approval of Application #07-3270, Milo Thompson, 3135 Casco Circle, granting of a lot width variance, a side yard setback variance, a variance to the half-story requirement, a hardcover variance, and the granting of a conditional use permit subject to the following conditions: (1) The one main access to the principal residence should be maintained; (2) The utilities for the guest apartment shall not be metered separated from the principal residence and the apartment shall not have a separate street address; (3) No rental of the guest apartment shall be permitted. VOTE: Ayes 7, Nays 0. 10. 07-3272 KERN HOPPE , 1150 WYNDMERE ROAD, SUBDIVISION, 8:58 -9:10 P .M. Kem Hoppe, Applicant, and Mark Gronberg, Surveyor, were present. Turner stated the applicant is requesting approval of a preliminary plat to divide the property into two lots, one for the existing house and one for a new house . ..__. PAGE20 Date Application Received: 02-20-07 Date Application Considered as Complete: 03-07-07 60-Day Review Period Expires: 05-07-07 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis ~ (\ (J Title: City Planner \ ~ \ Administrator Approval: Item Description: #07-3270-Milo Thompson-3135 Casco Circle -Variances & CUP Date: 19 April 2007 Item No. Agenda Section: Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 21,391 s.f. (0.49 acre) Lot Width: 60' List of Exhibits: Exhibit A -Resolution per Council Decision Application Summary: This application for a guest apartment conditional use permit, side setback and half-story definition variances was heard at the April 9th City Council meeting. At that meeting, the Council voted 5 -0 to grant variances and CUP approval citing the applicant's efforts to reduce massing as one of the findings for approval of the variance to the half-story definition. Planning Staff Recommendation Adopt the approval Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached Resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1 AND 78-350, AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. #07-3270 WHEREAS, Milo H. Thompson & Audrey J. Thompson (husband & wife), (hereinafter "the applicants") are the owners of the property located at 3135 Casco Circle within the City of Orono (hereinafter the ·'City") and legally described as follows: Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest comer of Lot 41, which point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence South along the West line of Lot 41 and its extension, a distance of219.07 feet, which point is marked by a Judicial Landmark set pursuantto Torrens Case Number 16333; thence continuing South along said extension to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the southerly extension of the East line of Lot 41; thence North to the Northeast comer of Lot 41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly comer of Lot 64, thence Northwesterly along said Northwesterly line to its intersection with a line drawn parallel with and 24.00 feet Southeasterly, measured at right angles from the Northwesterly line of Lot 64 and its extension, which a point is marked by a Judicial Landmark set pursuant to Torrens Case Number 16333; thence Southerly a distance of 51.35 feet, more or less, to the point of beginning; alfin SPRING PARK, according to the plat thereof on file or ofrecordin the office of the Register of Deeds in and for said County. (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 in order to increase the roof pitch thus expanding the building envelope within a substandard side setback of 8' where 10' is normally required in conjunction with major additions to the existing home on the existing lot; and Page 1 of 6 WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1 in order to construct a 3rd story observatory tower where only 2 ½ stories are normally allowed; and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow a non-rental guest apartment within the principal structure. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed asZoning File #07-3270. 2. The property is located in the LR -IC zoning district, which requires a minimum lot area of ½ acre and a minimum lot width of 100 feet. The applicants' property is .49 acres and has a width of 60 feet. 3. The Planning Commission reviewed this application at a public hearing held on March 19, 2007 and recommended approval of the half story and side setback variance based on the following findings: a. The property is .49 acres in size when .50 acres is required. b. The property has a lot width of 60 feet at the shoreline and 75' setback when.100' is required. c. Due to the configuration of the lot and the angle of the home on the property a comer of the home encroaches into the required 10' side setback area. d. The applicants' proposal meets the 30' height limitation and has resulted in less mass on the property than would normally be allowed. e. Because of sight visibility problems on Casco Circle, a turnaround is necessary to safely exit the drive. Page 2 of 6 f. The applicants' proposal is conforming with respect to hardcover within the 75' -250' and 250' -500' zones. The 11 % hardcover within the 0-75' zone is previously approved. g. The property has an attached garage and adequate outdoor parking to serve a 4 bedroom residence. h. The property has access to public sanitary sewer; septic system capacity isn't an issue. 1. City Code states that there shall be at least one access door to the apartment from within the principal · structure, and such door shall be the primary access to the apartment. The access to the guest apartment is via a staircase accessed by the home's main entry door. J. The utilities for the guest apartment are not separate from the residence. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by theapplicants 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 variance 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 in order to increase the roof pitch thus expanding the building envelope within a substandard side setback of 8' where 1 O' is normally required in conjunction with major additions to the existing home Page 3 of 6 on the existing lot and a variance to Code Section 78-1 in order to construct a 3rd story observatory tower where only 2 ½ stories are norIUally allowed as well as a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow a non- rental guest apartment within the principal structure, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan and building plans which are not in conformity with City codes will require further .Planning Commission. and City Council review. 2. An as-built grading plan verifying· compliance with the building permit, grading and drainage plans shall be su.bmitted prior to the issuance of a Certificate of Occupancy for the residence. 3. Hardcover in the 75-250' zone shall be limited to 2,549 s.f. or 24.1 % and hardcover within the250' -500' zone shall be limited to 1,886 s.f. or 29.9% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are 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 notlikely be approved without concurrent reduction in existing hardcover. 4. Only one main entryway access to the principal residence shall be maintained in order to comply with the guest apartment standards. 5. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 6. No rentalofthe guest apartment shall be permitted. By executing this Resolution; the applicants .expressly agree that the guest apartment shall not become a rental unit. 7. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 23, 2008). Page 4 of 6 8. 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. 9. The undersigned applicants have read, under$tand and hereby agree to the terms of this resolution and on behalf of the applicants and the applipants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain ohitle of the property. Adopted by the Orono City Council onthe 23 rd day ofA,pril, 2007. ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTYOF HENNEPIN James M. White, Mayor The foregoing instrument was acknowledged before me on this _ day of ____ , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on .this day of ___ , 2007 by Linda S. Vee, City Clerk of the City of Orono~ a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged bef'ore me this._ day of , 2007 ----- by Milo H. Thompson, husband of Audrey J.Thbmpson. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2007 by AudreyJ. Thompson,wife of Milo H. Thompson. Notary Public Page 6 of 6 DESCRIPTION Of SUB.fCT PROPERTY Lot ,41, that pert of Lot 6-4, thot part af YOCOled Lok• Share A\Wlue, and that port of the troct of tond between said avenue and the shore of Lake Minnetonka, all d..,cnb•d oe beginning at the Northwest com•r of Lot 41 , which point I• morked by o .Aldlclal Landmark eet purwant to Torrene Coll Number 15333; thence South along the West line of Lot 41 ond Its exl«1•kin. o dlstonce of 219.07 fNt, wh ich point le morked by a Judlclal Landmark set pureuont to Tornne CoH Number 15333; thtnc• continuing South olong eo[d ext.-,•lon to t he sh are of Lake Mlnn•tonko; th«1ce Eoaterly along 101<1 shore to Its lnt..-..c:Uon with the southerly extenalon of the Ea st llne of Lot -41: thence North to the Northeast comw of Lot -41; thence Northeosterly to o point on the Northeost«ty lln • of Lot S-4 dfstont 30.0 t.et Northwa terty from the m~t Eostwly c,omw of Lot 64: thence NorthwN terty along aofd Northeosttrly llna to Its kl terstcllon with o lln • drawn parallel with and 24.00 f•t Southeasterly, meoaired at right ongl • from the NorthwN tsrly lln• of Lot 64 and It• .xtenalon, whk:h o point I• morkad by o Judlclol landmark set pur3Uonl to Torrena Co se Number 1&333; thence Southerly o dlatonce of 51 .35 fM t. more or 1._, to the point of beginning; all In SPRING PARK, according to the plot thereof on fDe or of record In the office of the Regletsr of OMde In and fOf' aold County. tll2IEi 1.) 1h11 aurwy doea not purport to show any underground utilities. 2.) Contact COPHER STATE a-IE CALL at 651-454-0002 for preclH onslte location of utlltla prior to any mccowUon. 3.) A lltle opinion was not tumbhed to the aurwyor ond no spe cific t itle eeorch for •111 lstenca or non1111l stence of reoorded or unrecOf'ded .a•an.nla ho1 been conducted by the sirw)'OI" os port of the aurvey. -4.) A.reo = 21,391 Sq. Fl -0.49 Aaea (to woter11n• o■ shown) 5.) Zoning ond Mlbock lnformotlon a• provld.ct by th Plannin g Deportment of the City of Orono 6 .) Proposed houn pw ■coled pion ■ by Shorrot o .. 1gn Company. 7.) Proposed Earthwork doe• not mcceed 500 cubk )Q"d• of motettol. Zoning : LR-1C (1 /2 Aae Zon ing) Setback Info: BuDdlng: JO fHt -street 10 feet -1lde 75 feet -Ordhory High Water Un• -929.4-ffft (o,d overoge aatbock of neighboring homes) ExlaUno Structure Hcrdcovr. 12.8,C of lot 7.) Benchmoric: Loke Minnetonka wotw lewl oa recorded by Iha Mlnnehdlo Creek Wotel"lhed Dl•trlct on ..Un• JO. 2003. Wal¥ EJeYO'tlon : 929.57 fNl 8.) ANY MODIFICATION TO THIS SURVEY OR SKETCH PERFORMED BY ANY PERSON OTHER THAN THE SURVEYOR SIGN ING THIS CERTIFICATION OR PERSONS UNDER HIS DIRECT SUPERVISION SHALL NULLIFY THE VJI.LIDl'N OF THIS SURVEY. ONLY AN ORIGINAL SURVEY WIT H AN ORIG INAL SIGNATURE SHALL CONSTITUTE VALID CER TI FICATION. fc,.~'P<,S , .. SET8ACI< 0-75 f'EET: 75-250 f'EET: 25D-500 FrET: SCT8ACK 0-75 FrrT: 75-250 FEET: 2:50-,00 FrcT, E)QSTING HAROCOVER AA£AS HARDCOVER 4,514 Sq. Ft. 10,573 Sq. Ft. 6,305 Sq. Ft. JJ3 Sq. Ft. 2,370 Sq. Ft. 2,253 Sq . Ft. PA0P06[I) HAAOCO',UI -4,514 Sq. Fl 1~573 Sq. Ft. 6.305 SQ. Ft. HAROCO- 333 Sq. Fl 2.$49 Set, Ft. 1,-Sq.Fl ,. 7.-4:ill .,,. 36:< " 7.4 X 24.1:1 29.9,C ~ su~e,, --~ i SATHRE-BERGQUIST, INC. "' 0 ,;, ,,, 1-~Rs ~ $ p\.~~~ 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952)476-6000 --------------------~111/r~ --......... --......... --......... --......... ,,~. t 42 --......... ·"' -~ £ z !lk1 g: '~NGH•Jatll« A$l0Cf.l!l).u.r.JO,~ LAKE MINNETONKA -, I I I / / ,,3t•·~ --!.. it ., D" C)I/ I[\\'\!' .!!!-« NORTH ~ 10 0 ILJO SCALE tN F"EET LEGEND CU, DENOTESUnUTYPOLE 0HE DENOTES 0\/ERHEAO ELECTRC WRE DI □ DENOTES TEl.a'l«H:IIOX 0 OEt-lO IES.!iEIIHONMOM/MENT • OENOTESFOUNO IRONMONUMENT ® OEt,IOTEII JUOICllu. lANDMOJU< C:X:::CX:X::, OENOTESSOULOERRET...,,.NGWAU.. 0£N0f'ES 8'-A8E0 WIRE FENCE MAP DENOTES~TREE BEE 0£HOT[SOUILDHOC""1tNia:ClCVATION BfE DENOTESBASEMENTFLOOREI.E\IATION -----... ____ OENOTESElUSTNO CONTOURS BY MOAIZIONS.INC.OATE011·104:IPROVIDEOB'r Tl<ECITY OFORONO ... ____ ,, DENOTES PROPOSED CO NTOURS OQfC>TI:S~CCTIONOf'DRAINA.GC iO I hereby certify that this plan orsr,eciflcaUoowaspreparedbymeor under my direct supervision and thi:11 1 am II duly lk:eosed land St/rveyol' underthelawsoflheStateofMlnnesota. Oaledthl s16!hdayolJl.dy,2003. SATHRE-BERGQU IST, INC. Gary R. Germond, Minnesota Lk:enseNo.24764 REVISIONS AOOEO ELEV.'S , CONTOURS& OECKOIMEN.'S 2/13/2007 AOOED CONTOURS FROM HORIZONS , INC. PRO P. CON TOURS. PROP.HSE&GARAGE HARDCOVER AREA U § z ; ~--( Cf) .,; =:, ~ a ~-CJ ;o 0:: ~ w ~ OJ >-I .,: w ~ 0:: ~ I "' I-5 <( 2 Cf) ~ BY GRG GRG 2/1412007 GRG 3/07/2007 -1,0p.S ~"' ~ ~ •~,, 4,i..L.) ~ w ~ () u: i= 0::: w () b -" "' It i ~ 1-_.D~:l d' o~,z,' f-<( z f-_ Q 0 (/) a.. w oz () ~ (/)::;; <( • () 0 LO Z <'l0 ~ 0::: "'0 DRAWN DBP CHECKED GRG DATE July_ 18,2003 SCALE AS SHOWN z 0 u Cl ~ ..:0 .EI "O 1- ~ o a. _J <1)- it ~ JOB NO. 90065-001 FORMER FILE: 8769-008 FILE: EXISTING CCXIIDITTONS LOT CERT IFICATE.dWg SHEET ~ . ~ --------------,< ,, .. r:j_ \..0' ,,;:i'~<&/ / / / lt'OP£N --------- / --- /\ / ,\\\) 969.0 --- POINT OF BEGINNING -- NW CORNER OF LOT 41 ~ gf~}3 ¾ z~// I 965.3 C)M,1~// ··/.·-···· ~! l ~';'.',~': 963.J. -~!'.; 10 l~ l·i~ • I "\ (' .· tg . r' r') \-_I\ ~'-._/".JS,) J.o ! '-..._ I-\ "-\ \ ,,1 . ' \1 .._,..11 .. \ ;,; T 955.0 i liJ ;] 5 :r 954,1 11 r) <-t L- h• }lq 10 951.6 0 10. I 75 FT, o£TeACK UNE .. 1.--- 953,4 -:-------irss:n- • 953.3 \ \ \ 10-~, ij1t 71 /2"0PEN --1 I ~0 \7& OC::C Q \o "o r.. ~.c~ 0 ,969.6 ~ 9t \1' vl c;:2/a.~ O,;.<~o <l',,?-\.. t,10Si E'\..'( cORKEJ'( -966.4 Of ~Oi 64 fl)ll' ? 963.7 r') /\ 'C) \/ \~ ,--\\"-\'- 11 r'\ ,_ t \..J l ~~ b~ wo:i'Ullp-;ipiiCJJ~OJIII IEESSNW'Jo~x-a: --:- J.0"9'01J"?SG :11111: OOfoWIS·-·-::-.· BSl6'"11.l.l'"YSG :~11oq,1 ?UIS puans i'~t :.:.._-:,!1.J.J..tVf.il~...t:::lVJ::::ct~· . . .... -. L.."~ ~"' ~ i':"¥7d vi~~ -i,i;!((lo.J. rl'ef")d .l..i-13WJ..'"d'f.JV.. r'-f7d· -~9c•i'l'v'W•J.s;,,,ild flV1d ;;.r-r:;;yr:;;i<;;.FJ . .!.l'0.·-.,,1.'IM;. \ I ,. ' ··, ':1·· .. \:., ' ••• 1 ·uu1w ouo.1O gp.l\) O:>SBJ ~ST£ g:,ugp1sg'II uosdrnotT.L i /: ~ J• I I I I I ,. iE .:m ;'·:'.J ~rn r m J." 6 L \ Bi' I I .'Bt Q ~· ... ~ "l · .. · - I l "·,-.--\01_'_:- 'I., It I ·.~ t t Thompson Residence 3135 Casco Circle Orono Minn. _.·S.;?_I J_ tti il ~rrt In t £ i 11- --- ~12-'Ti-\ ELE.-.IAW1,;r ~J;,JE.-S.T E.l..!=,Vh.Tio.t'.;,( _ -# :eJ t~ WI rnur ~rntm 'ti: ll, ;:I ; ~,r I 1,,,l,,, .!1ti: ---·-:1 f.tTul IP Ir!" ~ro.lil• ,.ii;• llJ} ~ ')\ -r-n ;in ,ljl £ wl ,: tl {ill/\- i ~ '1 fl: }~~-·9J~1TT~L.'_~:··--· .... ______ :iri~ir:~;SJ:1 l'h~11~ 9SU70.9750 l'u:952A'I0.8407 lnfG@lllan,,ttdulp.wm jj J fW-j r, '[11 f ~ 0 L ., •. 1 I Thompson Residence 3135 Casco Circle Orono Minn. ~o_J. ;:t ~.s o;q =...-.l.. r ~ ....:.x·. 11! [ ~ 0: l! ! -k:{\.:C ,s::,0:n-,i SL-'E-VA i7c,,._J =>E>T eLE:v'A11ot-4 ,_ 2:e,I Fer -12.a:,1 C,o /A,..l),,J,:;S SJE,',\rn"L .. '.i.i';u-~:~~ ~.i;·\)· i:ti: JI>,! 11ti Ii 11''1 /1,.i .,.,. ';, i 'ii; -··nrz:JC ;,-~;;-· ~u ~~ tr t w d,harro~ ·c,m~~- 464 Sw,11d Sll"Nt l'h&II~ 9SlA70.ll1SII SulwJOO Fu: 952.470,M07 Exc:dJlnr, MN 55JJI lill"D@llmnttdcdp.co.lll m111·11IIJnPJis.ut1[(@11J111 IiE!iS NW'Jo111r.i:i::,:i: LOJrll'tll.Ytt6lXV,I Oot'>Uns OSL6'0U>'tS'6:inoqa 1~llSPU()JOSt91-" ,{nudwo:, ~---/~~p .· -----~~:~:-::::~af$z~~-~~~~- ---------- 0;;:.r~------------ ; ! ./,, ,rii,111··1 • 11.f\· ·1 ~:~mu ~@lJJffi I,: ;~1 I Ii• (·::;,::-:}: . t~T1t1 ··l ' ' '.,,.~ ·-•_ .. "'· 'UU!W QUO.IQ ;JF).I!:J O::>Sll;J ~£1 £ ;i::,u;ip!S;ilf uosdmoi:i.1 ,=1WS1rs 9""'1'\-i!' . '-= ·. ·•r·~:· ~=···· .\-<ca\l'i(\'.373 . l~'=a. NO\l'v(-:3.7=l.rU(lo3 . "UUUAJ OUOJQ .ir:iJ!:) oosu:) sns .i:iu.iprs.ii£ uosduroqi Subject: 07-3270, Milo Thompson, 3135 Casco Circle • Lot Width, Side Setback, Half-Story Variances • CUP Guest Apartment • Public Hearing Background The applicant is proposing fo construct major additions to the existing home resulting in a long, narrow home with an attached garage. The 2 nd level of the garage portion of the home will also serve as a studio/workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a 3 rd level. By strict interpretation of the Code the tower becomes a full story rather than a ½ story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot ~ and side yard setback variances. VVl c:U~tr\_-/ Request Summary: The applicant is requesting the following variances il'l=rn der tOs£oostr.uci:~\@RSi'v'e a~;-· ~" ~ 1. Lot width variance to allow construction on a lot 60' in width where 100' is normally required; and 2. Side yard setback variance to allow construction within the 1 0' required side setback. The additions are proposed to be constructed above existing portions of the home with an 8' side yard setback where a 1 0' setback is normally required; and 3. A variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; as well as 4. A variance from the Hardcover Policy Resolution requirement to provide hardcover to any garage door. Additionally, a conditional use permit to allow a guest apartment is also requested. --------------------------------------------------------:_;.,,A7------------------------ Staff Recommendation t(\{I;:?(' Staff recommends approval of the side setback var, ance to allow a slightly larger volume encroachment into the side setback for a higher roofline. The Planning Commission should discuss the half story and make a recommendation to the applicants and to the City Council. Further, Planning Department Staff recommends approval of the conditional use permit for the non-rental guest apartment with the standard covenants. 1 { I Date Application Received: 02-20-07 Date Application Considered as Complete: 03-07-07 60-Day Review Period Expires: 05-07-07 Department Approval: Name: Melanie Curtis Title: City Planner Item Description: REQUEST FOR COUNCIL ACTION Administrator Approval: #07-3270 -Milo Thompson -3135 Casco Circle -Variances & CUP Date: 3 April 2007 Item No. Agenda Section: Zoning District: Lot Area: LR-lC, One Family Lakeshore Residential,½ acre/100' 21,391 s.f. (0.49 acre) Lot Width: 60' List of Exhibits: Exhibit A -PC Action Notice Exhibit B -PC Memo & Exhibits of 03-13-07 Exhibit C -Draft Minutes PC March 2007 Application Summary: The applicant is proposing to construct major additions to the existing home resulting in a long, narrow home with an attached garage. The garage portion of the home will also serve as a studio/workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a 3rd level. By strict interpretation of the Code the tower becomes a full story rather than a ½ story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot area and side yard setback variances. The applicant is requesting the following variances: a lot width variance to allow construction on a lot 60' in width where 100' is normally required; a side yard setback variance to allow construction within the 10' required side setback (the additions are proposed to be constructed above existing portions of the home with an 8' side yard setback where a 10' setback is normally required); a variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; and a variance from the Hardcover Policy Resolution requirement to provide hardcover to any garage door. Additionally, a conditional use permit to allow a guest apartment is also requested. Planning Commission Recommendation On March 16, 2007, Planning Commission voted March 19th to recommend approval of the application as proposed. Planning Staff Recommendation Staff recommends approval of the lot width variance; approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline; and a waiver of the policy requiring that all garage doors be provided with a hardcover driveway. The Council should discuss the half story and make a determination as to whether or not a variance is reasonable. Further, Planning Staff recommends approval of the conditional use permit for the non-rental guest apartment with the standard covenants. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council's decision. ZONING FILE 07-3270 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 3 April 2007 TO: Milo H. Thompson 313 5 Casco Circle Wayzata, MN 55391 TYPE OF REQUEST: Variance & CUP DATE OF MEETING: March 19, 2007 COPIES: Jeff Sweitzer, Sharratt Design Co., 464 Second Street, Ste l 00, Excelsior, MN 55331 Planning Commission recommended as follows: To approve the side yard setback variance, the lot width variance, half-story interpretation, and hardcover variance as well as the CUP for a guest apartment as requested. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council-April 9, 2007, 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, Melanie Curtis at 952.249 .4627. FILE #07-3270 13 March 2007 Page 1 of 5 Date Application Received: 02-20-07 Date Application Considered as Complete: 03-07-07 60-Day Review Period Expires: 05-07-07 To: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator From: Melanie Curtis, City Planner Date: 13 March 2007 Subject: 07-3270, Milo Thompson, 3135 Casco Circle • Lot Width, Side Setback, Half-Story Variances • CUP Guest Apartment • Public Hearing Zoning District: Lot Area: Lot Width: LR-lC, One Family Lakeshore Residential,½ acre/100' 21,391 s.f. (0.49 acre) 60' Application Summary: The applicant is requesting the following variances in order to construct extensive additions to the existing home: 1. Lot width variance to allow construction on a lot 60' in width where 100' is normally required; and 2. Side yard setback variance to allow construction within the 1 0' required side setback. The additions are proposed to be constructed above existing portions of the home with an 8' side yard setback where a 10' setback is normally required; and 3. A variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; as well as 4. A variance from the Hardcover Policy Resolution requirement to provide hardcover to any garage door. Additionally, a conditional use permit to allow a guest apartment is also requested. Staff Recommendation: Staff recommends approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline. The Planning Commission should discuss the half story and make a recommendation to the applicants and to the City Council. Further, Planning Department Staff recommends approval of the conditional use permit for the non-rental guest apartment with the following stipulations: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be permitted. 1 Pertinent Zoning Ordinance Sections ✓ Sec. 78-350. Area, height, lot width and yard requirements. ✓ Sec. 78-1. Definitions. Guest apartment, Half story ✓ Sec. 78-418. Conditional uses. List of Exhibits Exhibit A -Application Exhibit B -Hardship Documentation Form Exhibit C -Existing & Proposed Survey/Site Plan Exhibit D -Proposed Plans and Elevations Exhibit E -Submitted Hardcover Calculations Exhibit F -City Engineer Memo Exhibit G -Aerial Photo FILE #07-3270 13 March 2007 Page 2 of 5 Exhibit H -Resolution No. 5179 Re: Hardcover Requirements for Garage Doors Exhibit I -Property Owners List Exhibit J -Plat Map Background The applicant is proposing to construct major additions to the existing home resulting in a long, narrow home with an attached garage. The garage portion of the home will also serve as a studio/workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a 3rd level. By strict interpretation of the Code the tower becomes a full story rather than a ½ story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot area and side yard setback variances. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 21,391 s.f. (0.49 acre) 60' Setbacks: LR-lC Required Proposed Rear 30' 34.4' East Side 10' 11' West Side 10' 8' Lakeshore 75' 140' Average Lakeshore The proposed home will meet the average lakeshore setback. 2 FILE #07-3270 13 March 2007 Page 3 of 5 Structural Coverage: Total Lot Area Total Structural Coverage 21,391 s.f. (0.49 acre) Allowed: 3,208 s.f. (15%) Proposed: 3,115 s.f. (14.5%) Hardcover Calculations: Hardcover Zone Total Area in Allowed Existing Zone Hardcover Hardcover 0 75 4,514 s.f. 0 s.f 333 s.f. * (0%) (11%) 75 -250 10,573 s.f. 2,644 s.f. 2,370 s.f.* (25%) (23%) 250-500 6,305 s.f. 1,891 s.f. 2,253 s.f.* (30%) (36%) * After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance Proposed Hardcover 333 s.f. (11%) 2,549 s.f. (24.1 %) 1,886 s.f. (29.9%) The existing home is a 24' x 35' one level home with a walk-out basement. The applicant is proposing to essentially build a brand new home around the existing home and has done some remodeling in preparation for this. The additional volume of structure within the substandard side setback will be largely roof truss as the applicant is not proposing an additional story on this portion of the home, only a higher ceiling height on the home. Half Story Analysis The definition of "half story" is as follows: A half story means the uppermost floor of a building in which: I. The intersection of the exterior wall and the roof is not more than three feet above the floor elevation, and 2. Not more than 60 percent of the floor area within the exterior walls of the uppermost floor exceeds five feet in height as measured from the floor to the rafters. Floors exceeding these parameters shall be deemed a full story. The applicant's proposal exceeds the 60% limitation and the height of the exterior wall measurement as well. The applicant would like the Planning Commission to consider the fact that their 2nd story within the garage meets the definition of a half-story and suggests that the observatory is such a small percentage of the square footage that granting a variance or interpreting the residence as a whole as a 2 ½ stories is reasonable. The proposed home meets the 30' height limitation. 3 Conditional Use Permit Analysis Parking: FILE #07-3270 13 March 2007 Page 4 of 5 The property will have an attached garage and adequate outdoor parking to serve a 4 bedroom residence. Sewage Treatment: The property is served by sanitary sewer. Entryway & Interior Access Method: City Code states that there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. There will be only one entry way to the guest apartment; through a staircase off of the foyer of the main entrance of the home. The applicants proposed use of the guest apartment will be for visiting relatives and potentially a future caregiver. Utilities: The utilities for the guest apartment are not separate from the residence. Driveway Hardcover Requirement Resolution No. 5179 established a hardcover policy requiring that "all garages likely to be used for the storage of motor vehicles shall be provided with an apron, taper and driveway". In the applicants design, the rear garage door is for yard equipment access and is not intended as an access for standard motor vehicles. Staff concludes it does not need to have a driveway. 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. The applicant's proposal is for a unique home which when viewed from the side appears to be very massive. However, in reality, the connection between the main home and the garage/studio portion of the home is a narrow, mostly 5 foot wide hallway which leaves a great deal of open space for yard in the middle of the lot. Issues for Consideration Are there any other issues or concerns with this application? 4 Staff Recommendation FILE #07-3270 13 March 2007 Page 5 of 5 Staff recommends approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline. The Planning Commission should discuss the half story and make a recommendation to the applicants and to the City Council. Further, Planning Department Staff recommends approval of the conditional use permit for the non-rental guest apartment with the following stipulations: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be permitted. 5 ~wi,-A City of Orono Variance Application Street Address: 2750 Kelley Park.way Orono, MN 55356 Application# 01-. '.3,l,'10 ·Date Recei~ed : j!U2f)f Dr Amount Paid : f.(;().O_--: Sfaff : /f4 e{(.l&1 l-f> Fee: $600 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: --------Renew a I: $300 ---=-------After-the-fact: $1,200 Double Fee P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. · PROPERTY INFORMATION: Site Address: . 3 \'3t:p cA~ c:;\~l e. 6~c:,t---\o ~C;i3f\_\ Property Identification Number (PIN): _· 'Lo . -\\1 .. 12.; -4-;. .-00'2.'i (Attach legal description to application if not included on the survey.) _ Date Property Acquired (month/yea r-):.~·~[?~□ Yes , I own the adjacent parcels. Present use of property: ~ Residential □ Other · Zoning District: -L\2--\-c:::: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) . Name :·~ Ml Le. ~ L ~MP$.OH . ·_ --•· _ ... . __ .. -· .... Phone (home):. 'I ~,z,. 47 I -.-z...t::;;,~o Phone (work): A::1 1'2 -==,Si'2. -~ ,z_ 3-+ Address: , _~la c:;;i cA~o C:::lfL<:::'L..E. . S:; ~ 3'1 1 _ ..... Email: 1/v\~t @ bi"r--~'f"olt\,+~GT$ ,cotJ\. Fax: h \.Z. -~~-~S:,\_=::, OWNER INFORMATION: (Complete legal names and marital status required for each interested party ) Name :_ M I Lo H ,THoMe'"::>ot--\ AND A..Jo~e.---( _,_,j 1 77-1,0f.A(~o, ... L,.. M~'f'l2-tE:..D Phone (home):': . _ SE. e A 501/'c. Phone (work): · 1 t ------------Address:. _\~ H Email: .. 1-1 Fax: 1-1 DESCRIPTION OF REQUEST: Estimated Project Cost: $ -. - Describe the request in detail (attach additional sheets if necessary): ---- ~c::o t-Jorno t,.,..IAL the F ~t2-M1T f-OP.. A. C,JE;.$T APAr2-TMS..!'4-T _o VAf<.\A~~-'=-~-~-~e.. .. ~E.f°.\.1--,e\JTJP 8 .oE .:ti-:-Jre..J:?~o~~=-D. Tuwe.~ ~~ON\. ... e--<b, 1',-le. ___ .... -''HA-L...F-'$1'P.r-t-'1' 11 --of!· A \...I. J.-.L...Lat...NEO . ~ t2, /"2. $1"o'fi?-7' P..E"=='l l::>St-Jcl= (::;~\-~ l,ue,\ ,z..e.r2_ SHA~Tr .J>Bsl0N c.o . )\(p ~ ~c.De-\. D "b T SJE. too Cr-C-5L$l O {<_ ss~~ \ U0~ [d kt J . 1 1 ' REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. 0 Pre-Application Meeting Form, completed by a City Planner. ~ □ Completed Application Form · Completed Hardship Documentation Form Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612~34~,,59-10 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. Completed hardcover calculation worksheets (as provided within the variance packet). Topographic survey -including existing and proposed elevations, and proposed grading and drainage. *For lakeshore properties the contours should be shown extending 50' into the adjacent properties. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is 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 re 111 r1l~ss of its_ g_~tial merit. Applicant's Signature: f \,1l;i11 H [ 1,L~ S-UV\ Date: Applicant's Signature: ----------~~----Date: OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification at.this request. Owner'sSignature: ~~ r-lit~~ Date: 8:-b 21 2DOJ Owner's Signature: v _ Date: Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant and advise the City Planner assigned to your project. Page 1 of 3 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 Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under cpnditions allowed by the official controls." -ll"\iE. P~.etJ l)t-4\Q,tJ~ES,S, ~JS'G,T""' 7H.h-'T THe G,Je:.~'T sa~M/leiWE.\r;/;.. ~ C<lf.l$\C'\:::i2..E,1:, "tHI::. 1/,z. ~ioR-'i' oi=:, I\. 12. 111. s1·oi:a.i' HoMe -E,]4\<::,,1\1'\C:, Loi re, l,e..;.'> 11-/Ps/J \<\;6lJ\Rt::;_Q,_/1'HJLM¥J/2_t,JLl;::trr1 J:H~l!:.foP..E. F;V/;\~\~E. \'i,:,, \~D -...i5:'f-\<:,i1N6 Hi:l/Ji,E:: ,i:;;fiE:f..lo,;.-ri.:iTo I.Ae:.~T'S\-:::,e.,'(t.,..fef, I> ~T~K "THe:g.!=,fo!~I:: TQ CoN-Si\-:a.!/e,.:t-uf'e.it-\ 2. "The plight of the landowner is due to circumstances unique to his property not ov~~ created by the landowner." . :::~_THE. f'\Qc,;if~(;a. t-( A'f:;,_ f<J~r-,~ \~ A t.oo1 \.J,.\\\":l I: NDN ~ c,af'i fo~JI µ~ loT -=~Hl::. PrtoPe:.rc.i~( Ac.. Pvl1:-i;;,Hk:,Eo ciot-J-r1>,1t--1s s,~ vn,.,~1=. \IJ11·1-1t~ A-61r,,E:.'i'/\(<..:1::i ""-""""'""'',., ___::-.::_..;;'Jt-\i=. t=~:::,l"'E.t<,ti A> f'il\<-<::HA~Ci::.,Q POI.=<::> µo"T C~NiNt--,1 jJ.._ \IGJe,.~, }'if'A~TJA~'T 11 3. "The variance, if granted, will not alter the essential character of the locality." ~~'"jB_e.,_}j~'f-_lMtl/A e-E'-¼9\R.C:.r-:-g'::,iJ\L1:;,1 µ,_G, H6~HT: VJIL.,.L,.. 12:,,"': •. Mf::.r- ---=11:lt= iAAV,11-Avl;A, 1-'\Af2.,1:,e;:ciV\2:.R.. \::;aE.Q.v\GaEMEJ-.li•;:;; w\L.L \e,e, Mer -~--;,:._714.l!;.. tiA'1-1Mvl/\ lo-r ~c:c;veJ2...A.6&. ~~ut1~et0.e.t-Ji'!;, wu.L \2-,E:; ME:.T 4. ".Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." -•• ),LL ff2,{)el.l'i;,,E,\? aHAN~t:::,<:i,,. ,o '""(1,J,e.. f'~Of'E.RTY A'e-5 Ci.;..!i--\1:':;,v',1_ i=LE.G.-rE:.r:, , -n..\E: ~Po~t:;.D _:-p!:f\N R.66F \:)l=:."=,lt:>t-1 avEJ2-1i--'\tS IEi-1~17 WG Low !«)oF P.,CO<:;,. f,lo /'Ao1<.1: f'ooTP\:1..1-~ T 1 .LOT' C0\11:i;.~,~t=. ,-JCii<. Ht\~f)e;;.-t;(}~f2-lr\kN Cvftl~IStJT/..-1 ei~~T ..... \~F-{Q:;;~.~\=o~E. NE\/-.l --i:::aoi-" foB.M H~~ Ho IM f>Ac::-T' ON 1.-\e. l='/;l'S'ii~\e f'faoP-i=P-T"( ~1--\otT\c,\,,.I,,:;;., 5. 6. 7. 8. Page 2 of 3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 1-( "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is notpermitted under this Chapter for property in the zone where the affected person's land is located." 18-(;._ V/"\l"-'11"\M'-< At:-11~ _(;_C,)t.JQl1\~f::!6~.:__t)~7;__f/f,l1:-H-JL\~~1)E:,'?T;:,.},f?:.:E. __ "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to such or immediately adjoining property." 1:reN\ #rt ... , ... ~ $1:.e ~v/_L!:=lttJ~ rl.!:'.·L4-S 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." I~ A LJ T ·( 'THA i '$v I=:> s iA.tJ DA~-I:::> l i-J IN Ir-, Ti-\ ::.::_ Ar,Jr?f'/lj,.'"( ~1JN.j,A;(1'4 l,..aT C:ov'erL.t~t:. Wl1r-·!/r,..I l=.'f,\6iiNG, "bE:.iS,.Ae:::.K,~ t:,VE:: ,o ____ ,-:>:\e A¢E c::iri'He F(<:ofcrei1\e..'=' F1,.SI.J'""11\Jc iei 1i-\e. e~1,k.J!!!:z,L\'E:.Hfi\E;~1 or- OftotJo'e;;:. .:::'vic.1:.,J:.l'J.-T z.of'-.11i,Je:., o~\':::i1µ,t,1',!o 1 O. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." ..:..:J"HE c:iw 1--lER. tt-J11::;./Jo.;,,, 10 MAK'= 1H e. ~pe,v,?.:1'1' 1i-\ e.11<-F\~L pe.,;.1 e -=___J _f--1-_Ml iJ NE. '=•r:trp., ·.:: _.'."."'.\He OW/-,J~<;,. 1-\Ep:;LiH ,::::'¢JJ1-:::,r-n,;,f,J:,;. ~elll.w\]'<.i: '::':ArE.~ ·f'A'-C,,,p.JSE: TO'Asf.l~ i"HE: G,b;_RA~l: __:::: .. "tBe._ o_1.lH,.1e.r.?.' 'S> Wl5>1--1 Tc EN'TERT Ali-I TMo~ 1.J,:14~6r:::e.. r, e.1:, 'f AA~1 ,,_ -( ;-,,,-r Tl-'\t=.\~ 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in ahy other respect be contrary to the intent of the Zoning o t/fi:.t<- Code." -G]~:;,,~J Ti IJ o Of E:. Go tJ o I\\ o I) :l:. e peiaJA \'1' f.., rJ, P IAi,k-e, -~W1LL Hl;..;v'e. tJo Ot::'Tr-,1'1\Ei..JT~L t=FF~T OJ '1He. Ae:.-,vc \l'"i=M"=>, Page 3 of 3 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." -CaND (i\ONAL ~e:. r"l'i:.\'1..M\T I';, f<,.E;.CJ).t)$:;;>..~1';:i ro(?~ f-. (;:i\,ie/ .. "i Af'A~TN\E.N-T ,. i-,bN b&ue -~:___ \jf.,,f<.lf\t-..1 GI;::. 1,;. r:,;~.:; ti<!.e\"? p\J \:e Tb I='/-\ ~TJNG CQl,i.\J•:; ~ 11414 •· oF II Le.">~ iH/i:~~ IAUJ I IAvlA/ LoT W1i?td ..; l--loH /";,:;::i~~ -Vf..sR:IAr-.lcLE;, I'::. ~e,(i1~1~i:::.r:i ptJl=i6l=Y.t$"\itJ"& CoiJb1i'l6t..\ 6\=<$iFlviT0¢~ VJ\IKIN -::=:=~~Ti:-{e. .~e.t· -N.o~ A ~\J~~cJ.J1 01JJtJcr<-6E.t-:\E.\Q.P<1E.Q C'o~pt11fnJ ·--~:-~'.Vfr(<tAJJC.i;:, I'=' 7:0 D\:;'..f.18 · ti--l.(;'. pe;X5t,->1.iN~/o~f;;Ja.$A"T\o,-J . ~ Hardship Statement f\'s>_ t\0 Me oviE: T0 1,-1e vt--.\\Cll,we Should you feel the hardship cannot fully be described in the above criteria, describe the o.=: -y, .. q:; unique h~rdship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): ~ ~ ------\ c\ ------\ ,,~ 6 s.s ------t,:> 912.1 •oAr . ----t--\ ... o']_'};. --------.. s1'l --✓-2 · - ------------,,,... ~~?.5, )3.5 \9f IIP 1 /2"0PEN 959'Si 69.4 .o ' ~ ·, I ~\ft\v(ff'),}/,n_-,: ;/r,;,:JJ!tlltA \4~ili,~J@~ ~ ~ r---- '-' .___/ ~ <-i2 ~ 967. /(·· --i\",· -\ ---r--952.7 \ FDIP 1 /:2\0PEN ' r,-BUJLDIN°'·~ETBACK--, · \LINE . -,. l·,,,.'b,.-,-c._l""\ , "''>c:::_ / V" vr, I Lu L.r" \ L '•. . \ . \ I \ "' 'l""\c,r-i~flv, ,c. I \ A I 1r-! I""\ V L •. ,· \ _ . -1:-. _ 7?...f.T: .SE~~~µ~ .. -./. -.. \ , 95J.4 I --.::.,;--Jr--~5:n:- 951.5 \ ,. 95J.J / 0 ' I " \ ', 950.7 \ ·, .. ~ \ f ·--~ __ \ \ "·i·t"';,--, . --'~ ...... , ... _,i. '· ---,.,_/ ...... '96J I --, I I /1 r, L. ,-"~ ~~ ~2>-l?<t>i 0.;.G: ()'~ p \ MOST E'L Y CORNER ---966.4 OF LOT 64 FDIP ~ r) I\.-\)\ / \--.( ' /-\ \ '\ { " t ,,~ g ' QESCRIPDON Of SUBJECT PBPPEBJY Lot 41, that part of Lot 64, that part of vacated Lake Shore Avenue, and that part of the tract of land between said.· avenue and the shore of Lake Minnetonka, all described as beginning at the Northwest.comer of Lot 41, whlch .. polnt Is marked by a Judicial Landmark set pursuant to Torrens Cose Number 16333; thence South along the West line of Lot 41 and Its extension, a dletance of 219.07 feet, which point Is marked by a Judlclal Landmark set pursuant to Torrens Cose Number 16333; thence continuing South along said. extension. to the shore of Lake Minnetonka; thence Easterly along said shore to Its Intersection with the southerly extension of the East line of Lot 41; thence North to the Northeoet comer of Lot 41; thence Northeaeterly to a point on the Northeasterly line of Lot 64 distant 30.0 feet Northwesterly from the most Easterly comer of Lot 641 thence Northwesterly along said Northeaeterty line to lte Intersection. with a line drawn paroDel with and 24.00 feet Southeasterly, measured at right ongles from the Northweeterly line· of Lot 64 and Its extension, which a point ls marked by a Judicial Landmark set pursuant to Torrens Coss Number 16333; thence Southerly a distance of 51.35 feet. more or less, to the point of beginning; all In SPRING PARK, according to the plot thereof on file or of record In the office of the Register of Deeds In and for sold County. 1.) Thia survey does not purport to show any underground utilities. 2;) Contact GOPHER STAlE ONE CALL ~t 651-454-0002 far precise onslte location of utllltles prior to any excavation. 3.) A title opinion was not furnished to the surveyor and no speclflc title search far existence or nonexistence of recorded or unrecorded easemente has been conducted by the surveyor as part of the survey. 5.) Area = 21,391 Sq. Ft. -0.49 Acres (to waterline as shown) 6.) Zoning and setback information as provided by the Plannfng Deportment of the City of Orono Zoning: LR-1C {1/2 Acre Zoning) Setback Info: BuHdlng: 30 feet -street 10 feet -side 75 feet -Ordinary High Water Une -929.4 feet (and average setback of neighboring homes) Existing structure Hardcover: 12.Sll: of lot 7.) Benchmark: Lake Minnetonka water level as recorded by the Minnehaha Creek Watershed Oistrlct on June 30, 2003. Water Elevation: 929.57 feet. 8.) Atf'f MODIFICATION TO THIS SURVEYOR SKETCH PERFORMED BY ANY PERSON OTHER THAN THE SURVEYOR SIGNING THIS CERllFICATION OR PERSONS UNDER HIS DIRECT SUPERVISION SHALL NUlLIFY THE VALIDITY OF THIS SURVEY. ONLY AN ORIGINAL SURVEY WITH AN ORIGINAL SIGNATURE SHALL CONSTITUTE VALID CERTIFICATION. EXISTING HARDCOVER SETBACK AREAS HARDCOVER " 0-75 FEET: 4,514 Sq. Ft. 333 Sq. Ft. 11% 75-250 FEET: 10,573 Sq. Ft. 2,370 Sq. Ft. 21" 250-500 FEET: 6,305 Sq. Ft.. 2,253 Sq. Ft. 36ll: SATHRE-BERGQUIST, INC. 150 SOUTH BROADWAY WAVZATA, MN. 55391 (952) 476-6000 / -1 I I I / ~ 1 3/4•0,,~ :::----~ ~ NORTH 20 10 0 10 20 i-----SCALE IN FEET <ti., DENO'IES UTIUTYPOI.E 0HE DEN01ES OVERHeAD EIJ!CIAJCWIRE EMO D1!NOTESTl!LEPHONEBOX 0 Dl!NOTESSETIROIIMONUIJENT • ~ FOUND IRON MONUMl!NT @ DENOTESJUDICII\I.~ C:X:XXX:, DENO'll!S BOU!.Dl!R RErAINING WALL DENOTES BLOCK RET-WALL DENOTES BARBED WIRE FENCE MAP DEIIOTI!S MAPI.EmEE BEE DEIIOTI!S BUILDING ENTRANCE ELEVATION 8FE DENOTES BASEMENT FLOOR ELEVATION lll!N°'1!S EXISTING CON1'<M<S DENOIE!I EXISTINOCOlll'OURS BY HORtZJONS,INC. OA.lED 1MD-93 PROVIDED BY ntECITY OF ORONO 40 I I hereby OOltily that ttlls plsn or spaclllcallon waa pmpamd by rne or under my direct superylslon and that I am a duly licensed land sutVeyor underttle laws of fhe Sfste of Minn- Dated lhl$181h day of July, 2003. SAlllRE--BERGQUIST, INC. Gary R. Germond, Minnesota License No. 24764 REVISIONS ADDED ELEV.'S, CONTOURS& DECK DIMEN.'S 2/13/2007 ADOED CONTOURS FROM HORIZONS. INC. 2/14/2007 w ~ 0 u:: ~ w 0 I- 0 ..J I-j:!: ~o o en D.. w oz oZ L: ~~ a e 00 LC) z (U ('I) ~ Q. ..... ~ ('I) 0 D.. DRAWN DBP CHECKED GRG DATE July 18, 2003 SCALE MSHOWN BY GRG GRG z 0 Cl) c.. ::E 0 :c I- 0 ...J :E JOB NO. 90065-001 FORMER FILE: 8769-008 FILE: EXISTING CONDmONS LOT CERllFICATE.dwg SHEET 1 i ~ .. ;... tr iF "' I" ~ ~ ~ '- Thompson Residence 313 5 Casco Circle Orono Minn. ~ + t' ·----.;.;;IGdO•t/£1ifj I I I I I 1-- crzre .......... ---~~~~ti~l~~; des1 company - --.:~ee::,~r;;;·'2,ClQ:~:-··. .. : · . _ p JP -v'~IA.i,,\c:::S:. 'SJS:f,,\TM",',(L · -• 464 Second Street Phone: 952.470.9750 SultelOO Fax: 952.470,8407 Excelsioi-, l'dN 55331 info@rharrattdesign.com Thompson Resid.ence 313 5 Casco Circle Orono Minn. ~· l i!I i:·1l~, •• I i:,' l;1 !'ti '1~ ffi '!' t,- \ ' """' '- .~,1~ m • ~ ' . · 1r I I L r ~~ ,. \iJ'' JI _;_:,.--:-·--· --:,: '.s1T'e, ~ G~6PfN~ ~ .. :~rF-,J~e, _p~ fee:, 1.:\;.12,o.9"1~.-~-___ · ... c,)f' 0 V,...0..IAl,,J:::=:.; '$,J~1,-,-,i..-L;- •des -~=~.-company 464 Second Street Phone: 952.470,9750 Suite 100 Fax: 952.470.8407 ·Excelsior, MN 55331 lnfo@sharrattdesign.com ,, ' , '. ' ·>~ ,-, ~~--.. - ___ : ~_Zi~=zi~ r _;.]2~0-Jl ~~-•. ·:.:::::\ ; ' 1' :n)'t·,'. -I ftlffl l: ·, -I -'1; -1• :l'! I '; ' I ,, "Cf' I 'i:;i •: cj• · I Ii,: 1 1 ; -~: . l,. ;t Jl•;-1: { 01'.' 21• i~/ 111 . rr, ·--J.-;,; _ £'-_ £ ; {" ~ ~,-. ·' . ' ' ' It~-,,~ II: Jl Thompson Residence 313 5 Casco Circle Orono Minn. tr"--;'< ~. _J: !-=t Bi 127 !LI !II ~ \r·,_:_}', _t:~. ~ ill/ f; ·.··. 'T iITi . {' P1 -., -1 j I . I / l I \11 :{ .;,1-R' r~ l?I ,,.- 17 j I -.t r 'I r ··.,,;\ . ' · .... , -~ --~~.-'--· · .. \"• ,,:_' .. ·::-·. ~ n ~ ~ t -l I l ·,_.,-/ .... r :\\\' ""' 'RI' •~-- ~-.,. ] •3: r -; l rn l {ti ~-!B;- :~ 'i! r), Z:. ffl WfL.~-ori ~e:.M'E;j.J.t FI..AN Fl~T~lf..Nt,:J lft6~•Sc:it ,l?~- /&f='/4.P-T MEJ-JT ... Fi.Ar-l 'ToVJ~ i:3,e:.D~M-: p!J>.,,.:_j B - - ' ' 464 Second Street Phone: 952A70.9750 .r."E::.1;!:;, ~L• ~i:>7 .. _. . . . .. -.. ; -• ---. Suit"100 · Fax: 952,47U407 _c::1_\;l,I". ,_v,llJll,..,liAN,;;ae. _ei/\!5M1TIAL.--:-::::· -:.::::-::_::-Excelslor,MN55331 lnfo@sham.ttdesign,com . .... . . . ! ~; \F:f 1;.m I -1 0 =m ID_ a Ti \·,\1i'; ,,,, .. , .. l r· I i I I ·e· 1- . . I . . I ,~, ... ,,4 ,',j_~oV~ · 1 t I l l .. 1: I lil D -tilt' -~lm .{.:, ~-"Ill, F I-~· • : ____ fo1 _. \'II ( 'i ~ ll i-f Thompson Residence 313 5 Casco Circle Orono Minn. t '1 ·••·--··Si;,'. .\, ,. .✓1 rll ,i' I, . ... .:::Z: 11'.0 £~ I'. :~rrr C rn s._ }j C) I- i · .. 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El-t::..VAT\o"-l ~/>-&T SLE:v'A 1lON FE:lo ~ • ll.0::>1 c , ~. P, ~ VA'f2-\AI-Ja5: SJ e:M 1Ti1'-L --+~fr ' · tp "'~ ! : o;:)J.\;\\, : q!~~ . : '![f'1 ~+ i , i \t; : ~ill! !'i.: ;' I ; : I:, . I I ,1~ ---itl-dt- 1>:,I! .. ::r'.· ' II\· I,\\\ 1I:(il i~ cirll N ii ~ I des company 464 Seoond Street Sultel00 Excelsior, MN 55331 Phone: 952A70.9750 Fin: 952A70.l!4o7 info@sbarrattdesign,eom l 1 I' I ---~,! tr i \ i, Ir: I ,;_ i; :1 i.t ~ im .,. 0 .,,m r ,i 9 !2 -· •-·-~.::i-c:i':.:::· ::.:n:::·: \}I ~ I I ~ ~ ➔ :; ·1 Thompson Residence 3135 Casco Circle . Orono Minn. l i 1· "-ti .1,., I _; ~--;~;";$9'{.\ •;·:"· - Jr(\~ / '\ I . -\ I. ~ ... -i ! ;_f :i;~ :~rtr Ti X. .·1-1 () X. . I . ';I,--~: ~,/' . ..'.: J 'l ·I I. i" • · -_ lij -I ,. :1:.-~k-· I -1 ■r~.:c.=.~ I ----- i I' -~I ti:i.Ie ,<l. . i~ I 01 r.n \ n:1: l ! ; I i ! ---------~--- i' l !; ~- ~!~!~ I :i i~:Jll \·-:1 ! '! j n u ! 1 ! .m;~! (L , 1 nr · 1 ,,p , . rr;: rn ~-' :f;&:i_: i Ii !j<I, :11: 1 '111·:l;ll':jl j I ',,' ; ' u ! c__: 1;JfW !(}lfiZ.'.:t!' IL~ro~ mt~)1l 91\iffil:) i ,:,:;W,'Tl '.: !i'J) il1( J.J,_l .:-r:-··tt B=-·: ro111 ~~ ~L.z_ Jllm lljij· ";IX! l!)ll',_; UIS lJl yi-- ,,. T . I . -:::t\o\2-~L l=Li=SIA~N--___ :: .. :=.\&./.E.~T..:._ 6l B/~.1~,;,r__. ·_-· .. _ .. -__________ : des~ company- -;~~rJr:~:~:v~~~<~J~iftl,;L"::-_:·~~ -.,, ••. _·:~L_::.•._·• ----~::Ii~r:::::1 -- Phone: 952.470.9750 Fax: 952A70:8407 lnfo@sharrattde!ign.com ~ r" ~ ~ lf'" ~ jITr -i~ Q, .. ~m w ►. :f Q; L I 1. I I !ii!- "~\ 0· ,) ~-Jc; / ~ ·."'"t/1 l Thompson Residence 313 5 Casco Circle Orono Minn. I>.·' --,·•' f, I :,;•;.:. ! -· f~ :n ~ ;···· " ' q 'fII r_,. I~ _ _,__:_ Q in-·J;f •r-" a .. j, .:Q! ;-@ ::7/ .If! .. .-'-r + . . .. J . . . '.0. .. . .... E:P. Tb-! ELE ~T1o..l .... l=.l,_--'....-EL .. , "/A ii LT . ........ ~L ..... E:vr-.\ ie:,r-, .oa' fi:::J!:, 4-1·~ '1:.Co1 . . . . c:,J;_P.,._~yAJ2,.\At-l<:::iE: SJe:M1l"11'-L : !1 ; Ii 1 ! ; .·...w..· ! ; -i-:-:m':f:+Dr ; ' •: m !Kl : ' :W:m' i 'i~:,,!; : .; •""w·ml)' 'i ! :, ; ,, 'i I I i !JI!+ j . :IN. : i! ;: i :ii: 'm w· : r.i\ • ;/!I: Jfr ! '·trif! ' .. i· '· • 1• i I ---irh'.:m- J.'j' I!)a\ ll}'@:\\ c-1,i!.w: t'l \)' 7/l ill; ::ti W! -,;;,,: (Iii ,,l ! dsharramfll <•m~~- 464 Second Street · Sulte!OO Excelsior, MN 55331 · · Phone: 952.476.!)750 Fu: 952.470.11407. infQ@Sb11rrartdesign,c9m a<:,ftff;,1T E:: REQUIRED XISTING HARDCOVER IN ZONE March 7, 2007 0-75 = 0% 75'-250' 250'-500' 75-250=25% 250-500:30% 500-1000=35% LENGTH WIDTH A. HOUSE X = S.F. X = S.F. 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 = 224 S.F. X = S.F. F. LANDSCAPE X = S.F. X = S.F. V = S.F. " G. RET. WALLS X = 109 S.F. X = S.F. X = S.F. H. OTHER X = S.F. TOT AL HARDCOVER IN ZONE: PROPERTY AREA IN ZONE 333 S.F. 4,514 X 100 = 7.38% PROPOSED HARDCOVER IN ZONE 0-75' 75'-250' 250'-500' LENGTH WIDTH A. HOUSE X = X = X = V A = B. GARAGE X = C. DRIVEWAY X = X = D. SIDEWALK X = X = E. PATIO/DECK X = X = F. LANDSCAPE X = X = X = G. RET. WALLS X = X = X = H. OTHER/STOOP X = TOTALHARDCOVERINZON~ PROPERTY AREA IN ZONE S.F. I X 100 = #VALUE! REQUIRED EXISTING HARDCOVER IN ZO E March 7, 2007 0-75 = 0% 0-75' 75'-250' 75-250=25% 250-500=30% 500-1000=35% LENGTH WIDTH A. HOUSE X = S.F. X = S.F. X = S.F. X = S.F. B. GARAGE X = S.F. 1038 C. DRIVEWAY X = S.F. 770 X = S.F. D. SIDEWALK X = S.F. 68 X = S.F. E. PATIO/DECK X = S.F. X = S.F. F. LANDSCAPE X = S.F. X = S.F. X = S.F. r:,_ RET. WALLS X = S.F. 10 '-'· X = S.F. X = S.F. H. OTHER X = S.F. TOT AL HARDCOVER IN ZONE: PROPERTY AREA IN ZONE 1886 S.F. 6,305 X 100 = 29.91% 0-75' 250'-500' LENGTH A. HOUSE X = X = X = X = 8. GARAGE X = 2077 C. DRIVEWAY X = X = D. SIDEWALK X = 31 X = E. PATIO/DECK X = 329 X = F. LANDSCAPE X = X = X = G. RET. WALLS X = 104 X = X = H. OTHER/STOOP X = 8 TOTALHARDCOVERINZON~ PROPERTY AREA IN ZONE 2549 S.F. 10,573 X 100 = 24.11% 8.) ANY MODIFICATION TO THIS SURVEY OR SKETCH PERFORMED BY ANY PERSON OTHER THAN THE SURVEYOR SIGNING THIS CERTIFICATION OR PERSONS UNDER HIS DI '.;T SUPERVISION SHALL NULLIFY THE UDITY OF THIS SURVEY. ONLY AN OR1GINAL SURVEY WITH AN ORIGINAL SIGNATURE SHALL CONSTITUTE VALID CERTIFICATION. EXISTING HARDCOVER SETBACK AREAS HARDCOVER % 0-75 FEET: 4,514 Sq. Ft. 333 Sq. Ft. 7.4% 75-250 FEET: 10,573 Sq. Ft. 2,370 Sq. Ft. 21% 250-500 FEET: 6,305 Sq. Ft. 2,253 Sq. Ft. 36% PROPOSED HARDCOVER SETBACK AREAS HARDCOVER % 0-75 FEET: 4,514 Sq. Ft. 333 Sq. Ft. 7.4 % 75-250 FEET: 10,573 Sq. Ft. 2,549 Sq. Ft. 24.1% 250-500 FEET: 6.305 Sq. Ft. 1.886 Sq. Ft. 29.9% SATHRE-BERGQUIST, 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952 SNOISl/\3~ tXthlblf F 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 7, 2007 #eonestroo Ms. Melanie Curtis Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 3135 Casco Circle File No. 000139-07000-1 Plat No. 07-3270 Dear Melanie: We have reviewed the information for the property at 3135 Casco Circle, dated 2/21 /07. We have the following comments with regards to engineering matters: • Provide a single drawing containing both existing and proposed contours. • Clearly label any trees to be removed during construction. • Final plans should include erosion and sediment control details. If you have any questions, please call me at (651) 604-4894. Yours very truly, BONESTROO Darren Amundsen Cc: Tom Kellogg Exhibit G Draft #5 -5/20/04 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1179 A RESOLUTION ESTABLISHING POLICIES REGARDING MINIMUM HARDCOVER STANDARDS FOR GARAGES, DRIVEWAYS, SIDEWALKS, AND SIMILAR PROPERTY FEATURES WHEREAS, the City of Orono since 1975 has regulated the use and placement of hardcover on land within 1000 feet of lake shorelines; and WHEREAS, City Ordinances define hardcover as "Any structure, blacktop, or other mate1ial which interferes to any degree with the direct absorption of rainfall into the ground"; and WHEREAS, the City Ordinances placing limitations on the use of hardcover divide the 1000-foot regulatory zone into four tiered "hardcover zones" which are commonly referred to as "the 0-75' zone", "the 75-250' zone", "the 250-500' zone", and "the 500-1000' zone"; and said zones are respectively allowed 0% hardcover, 25% hardcover, 30% hardcover, and 35% hardcover; and WHEREAS, due to the hardcover limitations it has become common practice for applicants for building pennits to minimize hardcover associated with driveways and sidewalks in order to maximize the hardcover available for their structural footprint while meeting cae established hardcover limits; and WHEREAS, due to the hardcover limitations, applicants for building permits might choose to not include a garage in their initial permit request, only to later request hardcover or setback variances for construction of garage stalls; and WHEREAS, the City has heretofore not established minimum standards for garage, driveway and sidewalk dimensions, and consequently has been faced with proposals for garages, driveways and sidewalks that are minimally functional or non-functional and which do not provide for safe, efficient access and off-street parking needs; and WHEREAS, the City wishes to avoid situations in which poor garage, driveway and sidewalk planning results in later requests for excessive hardcover; and WHEREAS, the City seeks to establish a balance that avoids excessive hardcover while providing adequate functionality with regards to private garages, driveways and sidewalks, and therefore it is in the best interest of the City and its residents to establish a policy providing minimum standards for such features for property subject to hardcover regulations. Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. fl 7 9 NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono does hereby establish the following Policies: 1. Driveways forredeveloping properties within the Shoreland Overlay District shall be subject to the following minimum dimensional standards to allow for safety, :fimctionality, maneuverability and off- street parking: a. All garages usedorlikelyto be used for the storage of motor vehicles shall be provided with an apron, taper and driveway. b. Minimum apron width: Equivalent to outer width of garage door openings (see diagram) Typical: C. Minimum apron depth: End-load: Side-load: d. Minimum lengthwise taper ratio: 2:1 e. Minimum driveway width: 8' One-stall -9' minimum Two-stall -16' minimum Three-stall -28' minimum 15' from garage door face 20' from garage door face f. Minimum back-up apron dimensions (ifrequired due to high-traffic road): 8' x 8' The above standards are illustrated in the drawing attached to this Resolution as Exhibit A. 2. Driveways using pavers shall be considered as 100% hardcover. 3. "Wheel-strip" driveways will be allowed, but for hardcover calculation purposes the entire width of the driveway (from outside-to-outside of strips) will be considered as hardcover. 4. A sidewalk extending from the driveway to the front or main entrance of a structure shall be provided at a width of no less than 24". Page 2 of3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 l 7 9 5. All residential site plans submitted for the purpose of obtaining a building permit for construction of a new residence or exp ans ion of an existing residence shall inc I ude ''proo f-o f-dri veway'' and "proof-of-garage"; i.e.sufficient infonnation to show that the hardcover necess3.Iyto accommodate and serve a conforming 2-stall garage, attached or detached, is available regardless whether such garage is planned to be constrncted pursuant to such pe1mit. 6. Site plans shall account for the hardcover necessary to provide the minimum landing or stairway required by the Building Code for any door openings shown on the building construction plans. The approval ofbuilding plans containing door openings on any story shall in no way be construed as granting the right to a variance for hardcover to construct a deck at such opening. 7. Site plaris, driveway and sidewalk proposals which in the opinion of the Zoning Administrator do not meet the above guidelines shall be rejected. 8. The need to provide for garages, driveways and sidewalks meeting minimum City standards shall not be a basis for the granting ofhardcover variances; rather, the minimum garage, driveway and sidewalk standards when considered in conjunction with the other pertinent regulations governing site development, shall help establish the appropriate size structure for a given site. Adopted by the City Council of Orono, Minnesota this 24th day of May , 200...!!_ by a vote ------ of 4 ayes and O nays. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 3 30' Minimum Per City Code EXHIBIT A 11 6l' E RESOLUTION NO. ____ _ MINIMUM DRIVEWAY STANDARDS Side Load Garage End-load Minimum Apron Width ~ 9'-16'-28' typical __:....::;,,.. Minimum Taper 2:1 Driveway \Vidth 8' Minimum Apron Depth -«s..----20' Minimum--~ / Apron Depth 15' Minimum Back-up Apron (if required) 8' x 8' Minimum Driveway Width 8' fyiinimum · Edge of ·right-of-way (Lot line) RUN DA TE: 2/13/2007 38 20 -117-23 34 0007 JOHN P SUMNER 3131 CASCO CIR JOHN P SUMNER 313 I CASCO CIR WAYZATAMN 5539 1 38 20-117-23 34 0022 FREDERJCK C PETERS 3 12 7 CASCO CIR FREDERJCK C PETERS 3127 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0025 BRADLEY A BERMAN 3185 CASCO CIR BRADLEY A BERMAN 3185 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0028 B C DOWNEY & B A DOWNEY 3 145 CASCO CIR B C DOWNEY & B A DOWNEY 3 14 5 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 003 I THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS PO BOX66 CRYSTAL BAY MN 55323 ~t11111T ( HENNEPII'< -JUNTY PROPERTY INFORMATION SYSTEM (PROPERTY<., .. ,,ERS LIST) 38 20-117-23 34 0008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE AVES #104 EDINA MN 55410 38 20-117-23 43 0023 PMRYAN&MLRYAN 3195 CASCO CIR PERRY & MICHELLE RY AN 3 195 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0026 SH STEVENSON/J M STEVENSON 3165 CASCO CIR SCOTT H STEVENSON 3 165 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3 135 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 WAYZATAMN 55391 38 20 -11 7-23 43 0024 BRADLEY A BERMAN 3185 CASCO CIR BRADLEY A BERMAN 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0027 MARCIA KAY ROBERTACCIO 3155CASCOCIR MARCIA KAY ROBERTACCIO 3155 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/TI MARCHESSAULT 3 133 CASCO CIR ORONO MN 55391 PAGE: 1 Hennepin County Variance Mao Page 1 of 1 Ir =--------------------------------------- " Th>,1!a~?i!a~!!!!1ded <:2~,e,!.t~:!!ir,!r:~m~W~~!~!!:c,Yc~!!!~~~a,d~!~els (30) I (29) ·-·-·-·-·-·-! I -·-·-·r·T·-·-·-· l I 29-117-23-21 Parcel Information: Parcel ID : 20-117-23-43-0029 Owner Name: M H THOMPSON & A J THOMPSON Parcel Address: 3135CASCO CIR ORONO MN, 55391 Buffer Size: 350 ft. ~Jl (28) (211 I (26) I \ -·-·-·-·-· l -·-·-·-·-·-·-·-·· Date Printed: 2/13/2007 12:02:08 PM _J http:/ /bugle/varianceBeta/popMap.aspx?Layer1D=93&ObjectID= 191488&Buffer=3 50&C... 2/13 /2007 9. 07-3270 MILO H. THOMPSON, 3135 CASCO CIRCLE, VARIAN CE, 8:38 -8:58 P.M. Milo Thompson, Applicant, and Jeffrey Sweitzer, Architect, were present. Curtis stated the applicant is requesting the following variances in order to construct extensive additions to the existing home: 1. Lot width variance to allow construction on a lot 60 feet in width where 100 feet is normally required; 2. Side yard setback variance to allow construction within the 10 foot required side setback. The additions are proposed to be constructed above existing portions of the home withan eight-foot side yard setback where a ten-foot setback is normally required; 3. A variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; 4. A variance from the Hardcover Policy Resolution requirementto provide hardcover to any garage door. In addition, the applicants are requesting a conditional use permit to allow a guest apartment. Staffrecommends appfo:val of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline. The Planning Commission should discuss the half-story and Jllake a recommendation to the applicants and to the City Council. Further, the Planning Staff recommends approval of the conditional use permit for the non-rental guest apartment with the following stipulations: 1. The one main access to the principal residence should be maintained. 2. The utilities for the guest apartment shall not be metered separately from the principal residence and the apartment shall not have a separate street address. 3. No rental of the guest apartment shall be permitted. Thompson stated the existing two ends of the house have been constructed out of solid concrete and are very solid. Thompson stated those two ends would remain, with the pitch of the roof being changed. The house has been designed to be a retirement house and also to accommodate his children and grandchildren. Thompson stated currently there is a detached garage with a sloping sidewalk that becomes icy in the wintertime. Thompson stated they have attempted to eliminate as many steps as possible and to design the steps to be able to be negotiated by a chair lift. Thompson stated the guest apartment could possibly house a caretaker or visitors. Thompson noted they have kept within the City's hardcover limits and that the house does conform to the City's height regulation. Thompson stated thehouseis long and narrow due to the lot and has been designed to meet their needs as they grow older. Acting Chair Kempf opened the public hearing at 8:55 p.m. There were no public comments regarding this application. Acting Chair Kempf closed the public hearing at 8:55 p.m. Thompson stated there are two side yards that will be turned into garden and flower beds. Sweitzer pointed out the ramp and landscaping areas on the overhead. Th()mpson stated the property is well screened by a row of six foot arborvitae and has a large number of trees. Thompson stated the house is not out of character with the two adjacent houses. Kempf inquired whether anyone on the Planning Commission would be opposed to the side yard vanance. It was the consensus of the Planning Commission that they would not be opposed to the side yard vanance. Kempf inquired what the total square footage of the lookout is. Thompson stated it is 13' x 20' and that a queen size bed would fill the room. Kroeger commented from the street side the house is well screened. Thompson stated one tree would need to be removed in order to construct the garage. Sweitzer indicated the existing garage is not in good condition and should be torn down. Sweitzer stated another reason for the larger windows is to allow egress. Kempf inquired whether anyone on the Planning Commission is opposed to the entryway as proposed. It was the consensus of the Planning Commission that the entryway is fine as proposed. Kempf moved, Winer seconded, to recommend approval of App,ication #07-3270, Milo Thompson, 3135 Casco Circle, granting of a lot width variance, a side yard setba,ck.va.riance, a variance to the half-story requirement, a hardcover variance, and the granting of a conditional use permit subject to the following conditions: (1) The one main access to the principal residence should be maintained; (2) The utilities for the guest apartment shall not be metered separated from the principal residence and the apartment shall not have a separate street address; (3) No rental of the guest apartment shall be permitted. VOTE: Ayes 7,Nays 0. #07-3270-Milo Thompson -3135 Casco Circle -Variances & CUP Application Summary: The applicant is proposing to construct major additions to the existing home resulting in a long, narrow home with an attached garage. The garage portion of the home will also serve as a studio/workshop and contain a guest apartment. The sleeping quarters of the guest apartment are contained within an observatory or tower which is the only portion of the home within a 3rd level. By strict interpretation of the Code the tower becomes a full story rather than a ½ story as permitted. The applicant would like consideration as to the interpretation of this Code as well as a lot area and side yard setback variances. The applicant is requesting the following variances: ✓ a lot width variance to allow construction on a lot 60' in width where 100' is normally required; ✓ a side yard setback variance to allow construction within the 1 O' required side setback (the additions are proposed to be constructed above existing portions of the home with an 8' side yard setback where a 1 O' setback is normally required); ✓ a variance to the half-story requirement for a portion of the proposed home where the guest apartment will be located; and a variance from the Hardcover Policy Resolution requirement to provide hardcover to any garage door. ✓ Additionally, a conditional use permit to allow a guest apartment is also requested. On March 16, 2007, Planning Commission voted 7 -0 to recommend approval of the application as proposed. Staff recommends approval of the lot width variance; approval of the side setback variance to allow a slightly larger volume encroachment into the side setback for a higher roofline; and a waiver of the policy requiring that all garage doors be provided with a hardcover driveway. The Council should discuss the half story and make a determination as to whether or not a variance is reasonable. Additionally, Planning Staff recommends approval of the conditional use permit for the non- rental guest apartment with the standard covenants. COUNCIL ACTION REQUESTED Direct Staff to draft a Resolution reflecting Council's decision. PFSCBf PDPN Pf SUR lfCJ PBPPFBJX Lot 41, thot port of Lot 64, thot port of vacoted Lake Shore Avenue, and that part of the troct of land between sold ovenue and the shore of Lake t.4Innetonka, oll described os beginning at the Northwest corner of Lot 41, which pofnt ls marked by a Judlclol Landmark set pun1uant to Torrens Case Number 16333; thence South along the West line of Lot 41 ond Its ext ension, a distance of 219.07 feet, which point ls marked by a Judlclal Landmark set pursuant to Torrens Cose Number 1833J; thence continuing Sot.Ith along said extension to the shore of Lake Minnetonka; thence Eoster1y along said shore to Its Intersection with the souther1y extension of the East llne of Lot 41: thence North to the Northeast cOfner of Lot 41; thence Northeasterly lo o point on the Northeasterly llne of Lot 84 distant JO.O feet Northwesterly from the most Easterly comer of Lot 64; thence Northwesterly along sold Northeasterly line lo its Intersection wilh o llne drown parallel with and 24.00 feet Soulheasler1y, measured at right ong!es lrom the Northwesterly line of Lot 84 ond lls extension, which o point is marked by o Judlclol Landmark set pursuant to Torrens Co11e Number 18JJJ; thence Southerly a distance of 51.JS feet, more or less, to the polnt of beginning; oil In SPRING PARK, according to the plot thereof on flle or of record in the office of the Reglster of Deeds in and for sold County. = 1.) This SUf\19)' does not purport lo show any underground utllitles. 2.) Contact GOPHER STA1E ONE CALL al 651-45.--0002 for precise onslte locotlon of utllltfes prior to any eKcavatron. J.) A UUe opinion woe not fumlshed to the eurve)Or and no specific title search for existence or nonexistence of recorded or unrecorded easements hos been conducted by the surveyor as port of the survey. 4.) Area = 21 ,391 Sq. ft. -0.49 Acres (lo waterline os shown) 5.) Zoning ond setback lnfonnotlon 01 provided by the Planning Deportment of the City of Orono 8.) Proposed house per scal ed plans by Shorrot Dealgn Company. 7.) Proposed Earthwork does not exceed 500 cubic yards of motertol. Zoning: LR-1C (1/2 Acre Zoning) Setback Info: Building: JO feet -Slrffl 10 feet -side 75 feet -Ordinary High Water Line -929.4 feet (and overage setback of neighboring home,) Existing Structure Hardcover. 12.8:C of lot 7.) Benchmark: Lake Mlnnetonko water level 0 1 recorded by the Mlnnehoho Creek Watershed Dlstrlct on June JO, 200J. Water Elevation: 929.57 feet. 8.) ANY MODI FICATION TO THIS SURVEY OR SKETCH PERFORM ED BY ANY PERSON OTHE R THAN THE SURVEYOR SIGNING THI S CERTIFICATION OR PERSONS UNC ER HIS DIRECT SUPERVISION SHALL NULLIFY TH E VALIDITY OF TIIIS SURVEY. ONLY AN ORIGIN Al SURVEY WIT H AN OR IGINAL SIGNATURE SHAI..L CONSTITUTE VALID CERTI FICATION. SETBACK 0-75 FEET: 75-250 FEET: 250-500 FEET: SE"T8M>< 0-75 F'££T: 75-250 rEET: 250-~ FEET: EXISTING HARDCO~R AREAS 4,514 Sq. Ft . 10,57J Sq. Ft. 6.305 Sq. Ft. HARDCO\£R 333 Sq. Ft. 2,370 Sq. Ft. 2,253 Sq. Ft. PROPOSED HARDCOVER 7.,t,r; 21% 36% AREAS HAROCO\O: :C 4,514 Sq. Ft. 33J Sq. fl 7.4 ,S 10,573 Sq. Ft. 2,549 % ft. 24.1,C: &,305 Sq. ft. 1,88& Sq. fl 29.H ~~~s , .. ! St.J-91,, <'A % SATHRE-BERGQUIST, INC. i ,, G',i.,~F?s ~ ~ .... P•• 150 SOUTH BROADWAY WAYZATA, MN. 55391 (952) 476...S000 REVISIONS BY ADDEO ELEV.'S. GRG CONTOURS & CECK DIM EN:S 2/1312007 --------AOCEO CONTOURS GRG FROM HORIZONS, IN C. 2/1-1/2007 ----PROP. CONTOURS, GRG ---- PROP. HSE & GARAGE 3./07/2007 HARDCOVE R AREA ----~&1/2"0POI ------- ------- ------- ------- i ..... , ~ . ' :)"Cll/ 0 I , I , 2~ NORTH ____!Q_gQ_ SCALE IN FEET LE GEN D CU, OENOfcS UTIUTVPOlE OH£ OENOlcSO\IERliEAOElECl'RICWIRE EM □ OEtlOTI:STElEl'HOtEBOX Q DENOTES SET l~ON lolONU~ENT • OENOrES FOUND l~O NMOt«J.YBfT ® DENOrESAJDICIALI.NIDW\RK .iO cj g ~~ ~~ Cl) ;; s ~ a ~ CJ ~ 0::: ~ w ~ an I ,: w e 0::: ~ I ~ I-t:; <( £ Cl) ~ ..._0 ~s s~i/ ~'<., "'1-~ ~ . -~ . t 1-,DIV:;; . "' .,~ o~'<>,c; -• / ..., ~.. --• \ ' ~ OOOOC, OENOTI:S!IOU.OERRETNNINGWIILL z 4 /I '") (;' 's. /~ 'i ---.... •""•~~{° ,[ ~ ..,_ ••••••• oe,one,a,oo"""""'w= LU I-<( Q ,-L_ ~ k.., r 'IR. ~, ~, : · · -........ . • a.,,., .J:., OEHOll:S IIAtt!IEllWIRffEHCE 1-~ 5 Cf) -....,--<llmik.ur,1AQHW,\70t1.M; LAKE MINNETONKA MAP OENOlcS MAPLE mee (3 O en a_ BC£ DENOlfSUUILOlNGEHIRNICl'E!.EVAllOSl u: Q.. ~ ~ 8f[ OENOTESBASEMENTfLOORELf\lATlON J:= 0 Z , • 0 983 ___ _,, oeNOres!:XISTINGCONTOUR9 0:: ~ ~ .E I Sla.5--=~::,:i~n~T~~~:o..lOEDBY ~ <((_) o• "0(1) 1- THt CI TVOrOOOslO L. 0 ~--OENOTESPHOPOS£0co:fTOURS t--0 I!) z C0 "' OElfOTESOIRECTION Ol'OIWNAGE ...J ~ ~ g-:::! l heJebycertltylhat thlsplaoOfspeclflcallonwasprepared bymeor undermy dlroctsup11rvl!lonand lh atl amaduly licensedfandsurveyor under Ihe lawsol lheSUl leolMl1"111esota. Oa led lhls 16lh day of July,2003. SATHRE..SERGOUIST. INC. Ge ry R. Germond , Mlr'lr'lesola License No. 24764 ""oa:~ CRAWN DBP CHECKED GRG CATE July 18.2003 S CAlE AS SHOWN JOB NO • .,,...., FORM ER FILE:876!Ml08 FILE: EX IST ING CON DITIONS LOT CERTIFICATE.dv;g L~--:.~veK.. kL w ...... ·-p M .. Lo ~DQ \~ 'o . e::;;,._ L~ l.. A;TE: \':> , ,, · HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: {CIRCLE ONE) 0-75' 75-250' 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A. House X = 1.17~1~ S.F; length Width X = S.F.- X = S.F. B. Garage X -0 S.F. ----··--- C. Driveway X = _o ----· --------S-:-F/ X = S.F. D. Sidewalk X = ~9 ·-&.F-. X = S.F. E. Patio/Deck X = 8.F; X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining Wooo X = -_3,b ----S.F, ~ '2 Oo , ~5-SF 3 ?t-o 7 '.-ccc=s\:= _ . Walls STONE::-. :~7<:::1~+.fa ____ ---------- H. Other X = LI\.~------S;F. TOTAL HARDCOVER IN ZONE -rt;~Aq-_ --S;F, A TOTAL PROPERTY AREA IN ZONE . --; r:2:i..;. 43,_flC;S__ . S.i=:. B A .,. B X 100 ::::: ! . 1):.,,:,1\•: I:\--%- PROPOSED HARDCOVER IN ZONE 13 -·•· A. House X = S.F. Length Width X = S.F. X = S.F. B. Garage X = -·_-.~-':598 -S,F. C. Driveway X = ~~7 S.-F. · X = S.F. D. Sidewalk V = -S:F. A X = S.F. E. Patio/Deck X = 0 -·· S.F. V = S.F. A F. Landscape X = 0 S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining X = S.F. Walls H. Other X = -------s.F:- TOTAL HARDCOVER IN ZONE lb'\01~ S.F. A TOTALPROPERTYAREAINZONE \6'3_ .. ? -. --\ '---------S.F. B A .,. B X 100 = ·-·· --,z9;~-Oi iO Variance Receipt Page 1 of 1 H Hennepin County Taxpayer Services: Variance Receipt I Organization: Sharratte Design Contact Name: Carey Gross Date: 2/13 /2007 12:03:29 PM Batch Number: 2 -661 ContactAddress : 3135 Casco Circle Orono ,MN 38 Contact Phone: 9524709750 Contact Email: 00 Buffer Distance (ft): 350 Total Number of Labels: 13 PID List: 38 20-117-23 34 0007 , 38 20-117-23 34 0008 , 38 20 -117-23 34 0021 , 38 20 -117-23 34 0022 , 38 20-117-23 43 0023 38 20-117-23 43 0024 , 38 20-117-23 43 0025 , 38 20 -117-23 43 0026 , 38 20-117-23 43 0027, 38 20-117-23 43 0028 38 20-117-23 43 0029, 38 20-117-23 43 0030 , 38 20-117-23 43 0031 , Comments : 350-foot list Total Cost: $25.00 http:/ /bugle/varianceBeta/popReceipt.aspx?Count= 13& Var=2-661 &C _ Company=Sharratt... 2/13 /2007 SHAR.KA TT DE.SIGN COMF ANY T R A N s M TO Melanie Curtis COMPANY City of Orono DATE 02/20/07 PROJECT Home Remodel/Addition SUBJECT Variance/CUP Application Submittal VIA DESCRIPTION US Mail Design Sketches / Notes ---- Fax Print Sets ---- Courier Original Tracings ---- Pick up ____ Specifications Air ____ Shop Drawings X Drop off Revisions ---- Other X Submittal ITEMS ACTION X Transmittal ____ No Response Required 8 Drawings / Set X Respond ---- Letter ____ Respond ASAP 10 pages Urgent ---- 18 pages Total Sheets NOTES Enclosed please find the "Variance-Conditional Use Permit Application Submittal". Please call with questions. T T A ADDRESS 2750 Kelley Parkway Orono, MN. 55356 PHONE 952-249-4600 FAX 952-249-4616 OTHER TRANSMITTED X For Your Information ---- ____ As Requested X Review & Comment ---- Review & Approval ---- Reference ---- Record ---- ____ Printing COPY TO: Milo Thompson, Owner's office file E-MAIL: jsweitzer@sharrattdesign.com BY: Jeff Sweitzer AIA WEB: www.sharrattdesign.com L +6+ Second Street# I 00 Excelsior, MN 5 5 3'7 I fhone: 952.+70.9750 Fax: 952·+70-8+o7 This communication may contain confidential information. Any use of the information contained within this document without the permission of the intended recipient is prohibited. If received in error please destroy. Thank you. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 F~r Office Use OnlyM ,,1 /i 1 A 1/',- C,ty Planner: [!!_!_vivu1/ ,, ✓ Meeting Date/Time: / / VI / I) 7 Crystal Bay, MN 55323-0066 PC Date: ~....,__,~_,______._ _____ _ Main: 952-249-4600 Fax: 952-249-4616 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:( ~r::::. /I Ii ( I 1\ /',,,.1/1 .. ,✓. Site Address: ?'.2 'Jv / Vlll c>VU l/(; v v v Property Identification Number (PIN): Zoning District: lkl L/ Size of Property: ________ _ DESCRIPTION OF REQUEST: □ Average Setba. ck ~Side Yard Setback □ Rear Yard Setback □ Hardcover !: )<[ L~overage □ Lot Area ~ Other: t.5l Uta f ~ A6:1frl l,/V'"~r □ Front Yard Setback ;;(Lot Width Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: understands it as it has been explained to them, and is aware that it must ----- be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *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: _______________ _ Date: ------ 975_5 Site name = THOMPSON CASCO Cl TO.1 ----- ~ 3P -- CLJt Net = 80 cu.yds Fill = 51 cu.yds 29 cu.yds CUT ----- ~ \NG -----\ \ 969_ ---If ~9?1J..8-- 1 4,l .,.~969...5 • q'p -u.8 - _.:.or---- 963 p-;-2 /;/.-//; ~-~7 91s.o / 'I I /,,/ ----I: / ,/ / ,,/ /" _/ _,,,/ _/,,, ./,,.,./'/ /// 4J _.··_.·;.· !!] / 0 . :J.:: / (.') /I t--·· ·1 >< //'l 41.-• I /} . ) ~~ 4. 1 --. 42 ::u.J ('\) 'tj-- 0) 01 ,....... z 37 35 Cosco Circ/e 953_4 ·--'--· / .. /~,/- / /'/ ,,,,/ ,/~/> / /J/' '//,:~~-// ('\) 1/:. (.') / OJ / • ~ 96 -t-1;</~./ 00) /-/ /Q/ (\J ////' I. // ,/ ~ .s: _/_ / / 0'..9 :: !~/ <· / ~ ,....... ;.··/~ I / , / ~ ,✓ //,/ /,. / / I , / ,,,/ // / \ ,.......//// .·/ U) //// / ..90: I ., / ;s) <-<9, 1<>/ V> J ' 40 ~ ~ ~ ~ ~ ~-<? o->-<,,: ' O'~ y \ 968.;; 96 '\ /1--'b\ MOST E'L )f CORNER ~-966. 4 . OF LOT 6l!-FDIP 3/4· MEMORANDUM Date: To: From: RE: 1 March 2007 Tom Kellogg Melanie Cmiis, City Planner File #07-3270 / 3135 Casco Circle This application is for extensive additions to the existing home, the applicant intends to construct essentially a new home around the existing home. I have requested the applicant submit a proposed survey and grading plan ( certified by the surveyor) to accompany this information. The deadline I gave the applicant for submittal of the survey is Thursday, March 8th at 8 am so that I may be able to give it to you at our staff meeting. I will forward that information to you when I receive it. Upon receipt of the additional information I would like you to provide comments to me by no later than Wednesday, March 14 th (if feasible) for the March 19 Planning Commission meeting. Please call me at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, /Vilt 1( t/j /( if / {.· ,1 . / 1.,,..,,, tl \,j· ~-_, : \... CITY of ORONO Milo H. Thompson 3135 Casco Circle Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #07-3270 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 variances and a conditional use permit for property located at 313 5 Casco Circle. Below is a list of items the City of Orono is requesting to complete our review: ✓ Two (2) original scaled copies of the certificate of survey, and a reduced copy ( 11 'x 17' or smaller), indicating the following: o setback zones from the OHWL of Lake Minnetonka, o the proposed structures, o all proposed hardcover, o the average lakeshore setback, o existing topographic contours extending 50' past the property boundarie~ and o proposed storm water drainage and proposed site grading (please indicate total cubic yards of proposed earth movement on/off site). ✓ All proposed hardcover shall be calculated by the appropriate zone on the hardcover worksheets that are enclosed. The harcbover calculations must be completed by your surveyor. ✓ Application #07-3270 is incomplete. If you wish to proceed with your application please submit the items requested above by 8 am on Thursday, March 8 th in order to remain on the March 19th Planning Commission agenda. Please call me at952.249.4627 should you have any questions. Sincerely, City of Orono I I I l I I//'\//-/;,/ VUNll/1/~tvu:::_; Melanie Curtis City Planner c: Jeff Sweitzer, Sharratt Design Co., 464 Second Street, Ste 100, Excelsior, MN 5 5331 Telephone (952) 249-4600 ° Fax (952) 249-4616 www.ci.orono.mn.us STATE OF MINNESOTA ) , ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#07-3270, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and eal this 9th day of March, 2007. 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 19, 2007, beginning at 6:00 p.m. on the matter ofreviewing the following land use applications: #06-3225 #06-3232 #06-3243 #06-3246 #06-3249 # 07-3255 David Cai·lson on behalf of875 WBW, LLC., owner of 875 Wayzata Boulevard West, RR-1 B zoning district, requests rezoning of the propetiy to RPUD Residential Planned Unit Development, and requests RPUD site plan and preliminary plat approval for a 9- unit residential development on this 10.4-acre site. Shanatt Design on behalf of Michael & Mary Drazan, 3546 Ivy Place, LR-1 C zoning district, requests a 0-75' zone hardcover variance to allow 7.1 % hardcover where 13.9% currently exists and 0% is normally allowed, and a 7 5' 25 0' zone hardcover variance to allow 32.5% where 35% currently exists and 25% is normally allowed in conjunction with the construction of a new single family home to replace the existing residence. North Shore Gardens on behalf of Richard Marzan, 2795 Pheasant Road, LR-1 B zoning district, requests a conditional use permit and hardcover variance for land alteration and retaining walls within the 75 foot lakeshore setback. Highmark Builders on behalf of the estate of Mary Jo Peterson, 4205 North Shore Drive, LR-1 B zoning district, requests the following variances to allow construction of a replacement residence: Lot width of0.62 acre when 1.0 acre is required; lot width of 60 feet when 140 feet is required; 31.5% hardcover in the 75-250' zone where only 25% is normally allowed. An average Lakeshore setback is also requested to permit encroachment into this setback by part of the deck stairs and approximately five square feet of the house. City of Orono, proposes an amendment of the Orono Community Management Plan (Comprehensive Plan) with regards to the property at the northwest quadrant of the. Willo"v Drive/Highway 12 intersection, known as PINS #33-118-23 11-0060, legally described as Outlot A, Stone bay, owned by Dahlstrom Development LLC, and cuITently zoned RR-1 B One-Family Rural Residential district. The proposed amendment would re- guide this commercially-guided property to allow for primarily office uses with only minimal retail uses. Catherine Sweet, 3405 Crystal Bay Road, LR-1 C zoning district, requests a setback variance to construct a replacement garage with a two foot setback from the westerly side property line when a 15 foot setback is required. Structural lot coverage and hardcover variances are also requested. #07-3259 #07-3262 #07-3266 #07-3268 #07-3269 #07-3270 # 07-3272 #07-3273 Lake Country Builders on behalf of Kathy and Gary Gangstee, 137 4 Rest Point Road, LR-1 B zoning district, requests a number of variances including setbacks and hardcover, to allow modification and expansion of the existing house and garage. James and Corrine Beck, 3820 Cherry Avenue, LR-1 C zoning district, request the · following variances in conjunction with an extensive renovation and construction of additions on the existing home: lake setback variance to allow a 41.3' setback where 75' is normally required; a 5' side yard setback where 10' is normally required; a 0-75' zone hardcover variance to allow! 7% hardcover where 17% exists and 0% is normally allowed; a 75'-250' zone hardcover variance to allow32. l % hardcover where 27.3% exists and 25% is normally allowed; as well as a height variance to allow 3 stories where 2 ½ stories is normally allowed. Vogue ICF Homes on behalfofKaren and Benjamin Milbrath, 1404 BaldurParkRoad, LR-1 C zoning district, requests the following variances to construct a new house: A lot area of 0.28 acre when 0.5 acre is required; a lot width of 49 .75 feet when 100 feet is required, 16.07% hardcover in the south 0-75 foot zone when none is allowed and 48.07% hardcover in the 75-250 foot zone when 25% is allowed; and to not maintain the required lot grade of 932.5' for 15 feet from the sides of the proposed structure. WJM Propetiies, 2605 West Wayzata Boulevard, I-Industrial zoning district, requests renewal/extension of the approvals granted via Resolution No. 5470 on May 22, 2006 for a conditional use pennit per Municipal Zoning Code Section 78-823 and industrial site plan approval per Section 78-831 to pe1mit a proposed 25,620 s.f. one-story addition to the principal structure, a 250 s.f. addition to connect existing accessory buildings, revisions to approved parking layout; and amendment ofResoiution No. 4845 with · regard to conditions placed on outside storage. Sherry Evans, 1380 Railroad Avenue, LR-1 A zoning district, requests the following variances to construct an addition to the existing residence: A 10 foot setback from the side property line adjacent to 1390 Railroad Avenue when a 30 foot setback is required; a setback of 31 feet from the right of way of Railroad A venue when a 50 foot setback is required; a 31 foot setback from the rear property line when a 50 foot setback is required; and a structural lot coverage variance. Milo H. Thompson, 3135 Casco Circle, LR-1 C zoning district, requests a conditional use permit to allow a guest apartment; and in order to construct extensive additions to the existing home, requests a lot width variance to allow construction on a lot 48' wide where 100' is normally required; a side yard setback variance to allow a 7' side setback where a 7' side yard setback currently exists and a 1 O' side setback is normally required; and a variance to allow a full story where a half-story is allowed for an observatory tower feature on the home. Kern Hoppe, 1150 Windemere Road, RR-1 B zoning district, requests preliminary plat approval for a two-lot residential plat to create one additional building site on the propetiy. James Peterson, 1331 North Arm Drive, LR-IA zoning district."requests a conditional use permit to allow installation of a half-bath in an accessory structui-e. #07-3274 #07-3275 #07-3276 Bruce Paddock, 1450 & 1500 Bracketts Point Road, LR-1 A zoning district, requests vacation of a portion of Bracketts Po int Road, potential vacation of various easements, and a re-plat of the vacated road and the subject properties to create a new public road corridor and new revised lot boundaries. No additional lots will be created. Applicant also requests a hardcover variance for redevelopment of 1500 Bracketts Point Road. BPS Properties, 95 Leaf Street, RR -l B zoning district, requests preliminary plat approval for a 13-unit residential development on this 40-acre site. Robert G. Luesse, 3249 Casco Circle, LR-l C zoning district, requests the following variances in order to build a new home on the same foundation as the existing home: lot area and lot width variances for a lot 16,260 s.f. (0.37 acre) in area and 53' in width atthe OHWL and 57' at the 75' setback where 21,780 s.f. (0.5 acre) in area and 100' in width are normally required; a hardcover variance to allow 21 % (909 s.f.) of hardcover within the 0-75 zone where O s.f. is normally allowed, 32.3% hardcover within the 75'-250' zone where25% is normally allowed and 31 .4% currently exists, and 36.8% hardcover within the 250' -500' zone where 30% is normally allowed and 36.8% currently exists; and a side yard setback variance to allow the existing 5 .3' side setback to remain where a 1 O' side setback is normally required. 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 14, 2007 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City for futiher information. For an appointment, please call (952) 249-4600. Michael P. Gaffr6n;'Planning Director To be published in the Sun Sailor on March 8, 2007. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office ,. RUN DATE: 2/13/2007 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 0022 FREDERICK C PETERS 3127 CASCO CIR FREDERICK C PETERS 3127 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0025 BRADLEY A BERMAN 3185 CASCO CIR BRADLEY A BERMAN 3 185 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0028 B C DOWNEY & B A DOWNEY 3145 CASCO CIR B C DOWNEY & B A DOWNEY 3145 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS POBOX66 CRYSTAL BAY MN 55323 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 20-117-23 34 0008 JOANNE D JONES 3129 CASCO CIR JOANNE D JONES 5100 FRANCE AVES #104 EDINAMN 55410 38 20-117-23 43 0023 PMRYAN&MLRYAN 3195 CASCO CIR PERRY & MICHELLE RY AN 3195 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0026 SH STEVENSON/J M STEVENSON 3165CASCOCIR SCOTT H STEVENSON 3165 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0029 M H THOMPSON & A J THOMPSON 3135 CASCO CIR MILO & AUDREY THOMPSON 3135 CASCO CIR WAYZATAMN 55391 38 20-117-23 34 0021 RG&PADUDLEY 3125 CASCO CIR RONALD G & PATRICIA A DUDLEY 3125 CASCO CIRCLE SO WAYZATAMN 55391 38 20-117-23 43 0024 BRADLEY A BERMAN 3185 CASCO CIR BRADLEY A BERMAN 3185 CASCO CIR WAYZATAMN 55391 38 20-117-2343 0027 MARCIA KAY ROBERTACCIO 3155 CASCO CIR MARCIA KAY ROBERTACCIO 3155 CASCO CIR WAYZATAMN 55391 38 20-1 I 7-23 43 0030 G C BECKER/TI MARCHESSAULT 3133 CASCO CIR G C BECKER/TI MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 PAGE: 1 TRACKING SHEET FILE NO. 07-3270 ~ Staff: -,/yj .Q;I tt).AL,(__~ ' SITE ADDRESS : 3135 Casco Circle Applicant: Milo H. Thompson Address : 3135 Casco Circle Wayzata, MN 55391 Owner: Milo H. Thompson Address : 3135 Casco Circle Wayzata, MN 55391 □ Meeting with Staff Date: "'¢ Application Completed Date: (Jh/ 07 /01 60 Day: osL01Jo7 ~ll(D-1 '-tJ Incomplete Notice Sent Date: Copy of Application Sent to: 1i,._LEngineer _ County DNR MCWD LMCD D Property Owners Notified: Date: _______ _ ~ Legal Notice Published Date: _______ _ PC Meeting(s): Vote: --------------------- Vote: --------------------- Vote: --------------------- D Notice of PC Action: -------------------- City Council Meeting(s): _____________ Vote: _____ _ Vote: -------------------- Vote: -------------------- --....., □ Resolution: