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PUBLIC COMMENTS
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 22 , 2004
7:00 o'clock p .m.
Allan Engleman, 315 Old Crystal Bay Road North, once again addressed the City Council
regarding the conditions at 285 Old Crystal Bay Road North. He indicated that he had received a
letter from the City in which the neighbor was asked to comply with City Ordinance by last night.
Engleman questioned whether the neighbor had complied with city standards and asked what
would happen next.
Moorse indicated that the neighbor had contacted the City and provided the City with
documentation that he is the owner of all 3 boats stored on the property.
Engleman asked about the other issues and pointed out that, according to a letter that he was given
by the City, since this owner was not the occupant of the residence he could not store all of those
. boats on the property. He passed the letter around for staff and Council to review.
Gaffron indicated that this letter mistakenly misrepresented the fact that just the occupant could
store their boats in the site , when in fact the owner or occupant can do so.
Murphy questioned what would prohibit the owner from storing 15 boats on the property, as long
as he had the documentation that he owned them.
Gaffron stated that nothing would prohibit the owner from doing so.
As the compliance date had just passed, Curtis stated that she would visit the site the following day
to check out the progress.
Murphy stated that it seemed obvious to him that the neighbor was abusing the property and
creating an eyesore for the neighbors. Unfortunately, he admitted that there seemed to be few good
ways the City can deal with it.
ZONING ADMINISTRATOR'S REPORT
*4 . #04-3047 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE -
VARIAN CE -RESOLUTION NOS. 5253 and 5254
White moved, Murphy seconded, to adopt Resolution Nos. 5253 and 5254 granting renewal
variances for the property located at 3135 Casco Circle. VOTE: Ayes 5, Nays 0.
5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD -VARIANCES
Curtis explained that the applicant is proposing 36.8% hardcover within the 75-250' zone and an
average lakeshore setback variance of 5' in conjunction with the redevelopment of the lot. She
pointed out that the Planning Commission voted 5-2 to recommend approval of a variance within
the 75-250' zone for 36.8% hardcover and an average lakeshore setback variance to encroach 5' in
conjunction with a landscape restoration plan to be approved. Although the Planning Commission
majority felt the relatively small 75-250' zone created a hardship for the property, Curtis stated that
staff is not convinced that the level of 36.8% hardcover is warranted for this specific rebuild.
PAGE 3 of 11
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, November 22, 2004
7:00 o'clock p.m.
(5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued)
Gaffron pointed out that, while the average lakeshore setback variance is warranted, since no views
are impacted, it is the relationship to the area within the 75-250' zone that there is a hardship
question. Since the lagoon impacts the 75-250' zone, using an optimum lot shape analysis would
suggest that 32.5% hardcover would be allotted for this property. A bigger issue comes to light
when examining the 1,500 s.f. minimal house measurement.
If there is an inherent hardship, Sansevere questioned what staff would recommend.
Gaffron asked the Council to determine what they believed to be a reasonable hardship, since staff
believed that 1,884 s.f. is the warranted size it should be.
Since the proposal seemed to be a mere 300 s.f. over staffs calculation, Murphy questioned
whether 300 s.f. could be removed somewhere.
Gaffron pointed out that the 3 car garage could be revised to a 2 car garage, but noted the residents
do need some off street parking, the deck was of modest size, and even sliding the entrance down
would not suffice.
Attorney Barrett stated that, while it appears that staff suggests that there is a hardship, the City
Council must determine what level of hardcover it feels comfortable with based on this
neighborhood, drainage, and what the Council has allowed in the past under similar circumstances.
Murphy questioned whether the home would be a 1 or 2 story home.
Attorney Keane, Vogstrom's representative, urged the City Council to focus on the size of the
footprint and current hardcover. He indicated that the client was unsure of whether he would be
proposing a 1 or 2 story home until the footprint could be determined.
McMillan pointed out that, as a City Council, they must assume the maximum level without plans.
Sansevere stated that without having any idea of what would be going up, he could not approve
something.
Gaffron stated that the applicant does not wish to draw up multiple versions of the house until they
have an idea of what will be allowed. He noted that the enclosed elevations do give a sense of what
the applicants would like to see approved.
While she could understand the applicant's hesitation to go to the expense of drawing up plans,
McMillan stated that she could not support 36% on a new rebuild. She stated that she did feel a
small hardship based on the 0-75' was warranted.
White asked where the dock would be placed, and if it were to be placed beyond the lagoon, he
questioned whether the applicant had the right to use the public land to access it.
PAGE4 ofll
ROLL
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 20, 2004
6:00 o'clock p.m.
The Commission met on the above-mentioned date with the following members present:
Chair David Rahn , Commissioners J. Marc F1itzler , Jim Leslie , Ralph Kempf, Roland Jurgens,
and Cynthia Bremer. Representing Staff were Planning Director Mike Gaffron, Planners
Melanie Curtis and Janice Gundlach, and Recorder Jackie Young.
Chair Rahn called the meeting to order at 6:00 p.m.
CONSENT
2. #04-3050 MIKE McCLELLAND, 2170 MINNETONKA A VENUE -VARIAN CE
Rahn moved, Bremer seconded, to recommend approval of the lot width and lot area
variances for the property located at 2170 Minnetonka Avenue. VOTE: Ayes 6, Nays 0.
1. #04-3047 BRUCE MEESE AND MAUREEN MURPHY, 3135 CASCO CIRCLE
VARIAN CE RENEW AL, 6:03 p.m. -6:06 p.m.
Jurgens indicated he would like some clarification on the hardcover. Jurgens noted there is extensive
hardcover located near the lake and inquired why that is not being reduced further.
Gundlach stated the fire pit and the concrete sundial would be removed. Gundlach indicated the deck
was allowed to stay because a large concrete wall that is holding up approximately six feet of dirt is
located immediately behind the deck. Gundlach stated several engineers felt that if the wall were to be
removed, the integrity of the slope would deteriorate. Gundlach indicated the decking is fastened into
the concrete wall.
Gundlach stated the City Council has reviewed this situation three times, along with several engineers,
and they have determined since the wall is holding up the slope, they would recommend the deck
remain.
Rahn noted the deck would be removed once it needs to be replaced and the slope would be
regraded.
Fritzler requested that the Applicant be informed that the deck would need to be removed once the deck
is in need ofrepair or replacement.
Rahn moved, Bremer seconded, to recommend approval of the variance renewal for a lot area
variance, lot width variance, hardcover variance in the 250'-500' zone, and a hardcover and
lakeshore setback variance in the 0-75' zone for the property located at 3135 Casco Circle.
VOTE: Ayes 5, Nays 1, Fritzler Opposed.
Fritzler stated he is opposed_ to the approval since he does not feel the deck is an integral part of the
wall .
PAGE l
Date Application Received: 8-18-04
Date Application Considered as Complete: 8-18-04
60-Day Review Period Expires: 10-17-04 extended to 12-16-04
REQUEST FOR COUNCIL ACTION
Date: November 18, 2004
Item No.:
Department Approval:
Name: Janice GundlachP
Title: City Planner
Administrator Approval: Agenda Section:
Zoning
Item Description: #04-3047, Bruce Meese & Maureen Murphy, 3135 Casco Circle,
Renewal Variance -Resolution
Zoning District:
Lot Area:
Lot Width:
List of Exhibits
LR -1 C, One Family Lakeshore Residential District (½ acre minimum)
0.49 acres (21,392 s.f.)
60 feet
A -Resolutions per Planning Commission Recommendation
B -Approved Grading Plan
C -Extension Letter dated 10-20-04
D-PC Action Notice 9-21-04
E -PC Memo and Exhibits of 9-15-04
Application Summary: Applicants are requesting renewal of the following variances approved
in September and October, 2003 in order to construct a new residence:
1. Lot area variance to allow reconstruction of a home on a 0.49 acre lot when 0.50 acres is
required.
2. Lot width variance to allow reconstruction of a home where the width at the shoreline
and 75' setback is 60' when 100' is normally required.
3. Hardcover variance to all 37% hardcover in the 250' -500' zone when 30% is normally
allowed.
4. Hardcover and lakeshore setback variance to allow an existing deck and retaining walls
constituting 6% hardcover in the 0-7 5' zone to remain when 0% hardcover and no
structure is normally allowed and 14% currently exists.
(J'he grading plan depicts a hardcover level of 43% in the 250 '-500' zone. The renewal
variance only approves the original 3 7% and the driveway must be constructed in accordance
with the original site plan)
Planning Commission Recommendation
The Planning Commission voted 5-1 to approve the renewal variance in accordance with the staff
recommendation, noted below.
Staff Recommendation
Recommend that the City Council adopt the resolutions renewing the variances approved in
September and October of 2003 consisting of a lot area, lot width, 0 -75' & 250' -500' zone
hardcover variances, and a lake setback variance. The resolutions have been amended to reflect a
November 2005 deadline for building permit submittal, as well as the updated code sections to
reflect the re-codification that has occurred since the original approval.
The applicants have also submitted a grading plan that has been approved by the City Engineer and
attached to this memo as Exhibit B.
COUNCIL ACTION REQUESTED
Adopt the attached Resolutions granting renewal variances for 3135 Casco Circle.
A RESOLUTION GRANTING
RENEW AL VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. #04-3047
WHEREAS, Bruce F. Meese & Maureen E. Murphy (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 A venue, 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 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 of 219.07 feet,
which point is marked by a Judicial Landmark set pursuant to 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 corner of Lot
41; thence Northeasterly to a point on the Northeasterly line of Lot 64 distant 30.0
feet Northwesterly from the most Easterly corner 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 163 3 3; thence Southerly a distance of 51.3 5
feet, more or less, to the point of beginning; all in SPRING PARK, according to
the plat thereof on file or of record in 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 renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 in
order to rebuild a home on the existing lot requiring approval of a lot area variance to
permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a
lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally
Page 1 of 6
required, and hardcover variance to permit 37% hardcover within the 250' -500' zone
when 30% is normally allowed.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This renewal application was reviewed as Zoning File #04-3047. The
original application was reviewed as Zoning File #03-2936.
2. The property is located in the LR -1 C zoning district, which requires a
minimum lot area of on half(½) acre and a minimum lot width of 100
feet. The applicants' property is 0.49 acres and has a width of 60 feet.
3. The Planning Commission reviewed this application at a public hearing
held on September 20, 2004 and recommended approval of the renewal
variances for lot area, lot width and 250' -500' zone hardcover variance
based on the following findings:
a. The property is 0.49 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. Because the lot is being reviewed as a rebuild, the lot must conform to
current Zoning Ordinance standards or a hardship shall be presented.
d. Due to the configuration of the lot, minimal area exists in the 250' -
500' zone, hence a variance to allow excess hardcover for the
proposed detached garage is not reasonable.
e. Because of sight visibility problems on Casco Circle, a turnaround is
necessary to safely exit the drive.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
renewal variance on the health, safety and welfare of the community.
Page 2 of 6
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 renewal 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 renewal variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288
in order to rebuild a home on the existing lot requiring approval of a lot area variance to
permit a lot area of 0.49 acres when 0.50 areas is normally required, lot width to permit a
lot width at the shoreline and 75 foot setback of 60 feet when 100 feet is normally
required, and hardcover variance to permit 37% hardcover within the 250'-500' zone
when 30% is normally allowed, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Approval for hardcover amounts in the 75'-250' and 250'-500' zones are based
on the hardcover amounts listed in the planning report. 25% hardcover is allowed
in the 75' -250' zone and 37% hardcover is allowed in the 250'-500' zone.
3. The excessive hardcover in the 0-75' zone was reviewed separately and isn't
included in this resolution. A separate resolution addressing the City Council
decision on the hardcover in the 0-7 5' zone was also renewed as part of this
renewal application.
4. Hardcover in the 250'-500' zone shall be limited to 2,333 s.f. or 37% per the
proposed plan and hardcover allowance summary as depicted on Exhibit A. The
revised grading plan that was submitted as part of the renewal variance depicts a
hardcover level of 43% in the 250'-500' zone. This hardcover level is not
Page 3 of 6
approved as part of the renewal variance, only the original 37% is approved.
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 not likely be approved without concurrent reduction in
existing hardcover.
5. The renewal approval is based on the grading plan included in the attached
Exhibit A. The applicants will be required to comply with this approved grading
plan upon construction of the home. The City reserves the right to require
amendments to the approved grading plan at the time of construction.
6. 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 (November 22, 2005).
7. 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.
8. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 22nd day of November, 2004.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner( s)
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
____ , 2004 by Barbara A. Peterson, Mayor 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
The foregoing instrument was acknowledged before me on this _ day of
___ , 2004 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.
Notary Public
Page 5 of 6
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of ____ __, 2004
by Bruce F. Meese, husband of Maureen E. Murphy.
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2004
by Maureen E. Murphy, wife of Bruce F. Meese.
Notary Public
Page 6 of 6
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9 .4
A RESOLUTION GRANTING
A RENEW AL VARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 78-1288 (B)
FILE NO. 04-3047
WHEREAS, Bruce F. Meese & Maureen E. Murphy, husband and 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 A venue, 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 of 219.07 feet,
which point is marked by a Judicial Landmark set pursuant to 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; all in SPRING PARK, according to
the plat thereof on file or of record in 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 a renewal hardcover and lake setback variance to Orono Municipal Zoning Code
Section Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to
remain in the 0-75' zone, such deck and retaining wall constituting structure and 6%
hardcover ( excluding allowed stairway access) when no structure and 0% hardcover is
normally allowed.
Page 1 of 6
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This renewal application was reviewed as Zoning File #04-3047. The
original application was reviewed as Zoning File #03-2936.
2. The property is located in the LR -1 C 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 September 20, 2004 and granted approval of the renewal
hardcover and lake setback variance for the 0-75' zone based on the
following City Council findings of original 2003 application:
a. The nature of the property in the 0-7 5' zone is steep slopes being
supported by retaining walls.
b. Currently, the existing lakeshore deck is bolted to a concrete retaining
wall which is supporting 8' of earth.
c. After engineering reviews, the interdependency of the wall on the deck
is inconclusive; however, Council action to require removal of the
deck may have unintended negative consequences. Should the deck be
required to be removed and detached from the retaining wall, there is
the potential that the retaining wall may fail, subsequently causing
slope failure.
d. The existing conditions of the retaining wall and attached deck support
the slope.
e. Absent the unique conditions noted above, the lakeshore deck would
normally not be allowed to remain, as it is a nonconforming structure
and the property is undergoing a complete teardown/rebuild of the
principal structure.
Page 2 of 6
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
renewal 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 renewal 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 renewal hardcover and lake setback variance to Orono Municipal Zoning Code
Section 78-1288 (B) to allow a lakeside deck and adjacent retaining walls to remain in
the 0-75' zone, such deck and retaining wall constituting structure and 6% hardcover
( excluding allowed stairway access) when no structure and 0% hardcover is normally
allowed, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the 6% level. 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 not likely be approved without concurrent reduction in existing
hardcover.
3. Should at any point in time the retaining wall or deck need to be replaced, the
lakeside deck must be removed in its entirety and shall not be replaced. Also, the
slope must be re-vegetated with plant material approved by City staff in the event
that the deck is removed. As allowed by Section 78-1282, a 32 square foot
Page 3 of 6
landing may be constructed in the 0-75' zone in the event that the deck is replaced
but under no circumstances may a 32 square foot landing be constructed in
addition to the lakeside deck. The existing lattice work below the deck shall be
replaced by vegetation.
4. 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 construction of the new house within one year of the date of
Council approval, or the variance will expire on that date (November 22, 2005).
5. 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.
6. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on this 22nd day of November, 2004.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
---~ 2004 by Barbara A. Peterson, Mayor 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
The foregoing instrument was acknowledged before me on this _ day of
---~ 2004 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.
Notary Public
Page 5 of 6
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2004
by Bruce F. Meese, husband of Maureen E. Murphy.
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2004
by Maureen E. Murphy, wife of Bruce F. Meese.
Notary Public
Page 6 of 6
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CITY of ORONO
October 20, 2004
Bruce Meese & Maureen Murphy
3135 Casco Circle
Wayzata, MN 55391
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
RE: 60-day Extension for Renewal Variance at 3135 Casco Circle
Dear Mr. Meese and Mrs. Murphy:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
60-Day Extension Notice. State law provides that Cities shall make decisions on zoning
requests within 60 days from the date of application, and that this review period may be
extended by notification to the applicant. Your application was received on August 18,
2004, and was deemed as complete upon submittal. The 60-day review period would end
on October 17, 2004. However, because a grading plan is being required prior to City
Council approval and that information has yet to be submitted, the earliest potential date
of final Council action falls after the 60-day period ends. There/ore, the 60-day review
period is hereby extended an additional 60 days to December 16, 2004.
I have been in contact with your surveyor who is preparing the necessary grading plan for
City Council approval. Upon receipt of the grading plan it will be forwarded to the City
Engineer for review. Should changes be requested, those changes will be submitted to
you and your surveyor for implementation. Please give me a call at 952-249-4623 if you
have further questions. Thank you for your cooperation.
Sincerely,
City of Orono
~-&MNJ~
Janice Gundlach
City Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
CITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
(952) 249-4600
ZONING FILE: 04-3047
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: September 21, 2004
TO: Bruce Meese & Maureen Murphy COPIES:
313 5 Casco Circle
Wayzata, MN 55391
TYPE OF APPLICATION: Renewal Variance
DATE OF MEETING: September 20, 2004
Planning Commission recommended as follows:
Approval of the renewal variance requests subject to approval of a grading plan for the
proposed house prior to City Council review.
VOTE: 5 FOR 1 AGAINST
Applicant's next meeting is tentatively scheduled for:
City Council-Monday, October 11, 2004; meeting starts at 7:00 p.m. subject
to submittal of a grading plan to be approved by the City Engineer.
If you desire certified copies of the official Planning Commission or Council minutes,
they are available from the City Recorder after review and approval by the Planning
Commission or Council. If you have questions, please call City Planner Janice Gundlach
at 952-249-4623.
CITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
(952) 249-4600
ZONING FILE: #04-3047
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: November 23, 2004
TO: Bruce Meese & Maureen Murphy COPIES:
313 5 Casco Circle
Wayzata, MN 55391
TYPE OF APPLICATION: Renewal Variance
DATE OF MEETING: November 22, 2004 VOTE: 5 FOR O AGAINST
Motion: To approve per the findings and conditions of the resolutions previously mailed
to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday
through Friday, 8:00 to 4:30). All persons with interest in the property must sign
the resolutions.
Variance approval is limited to the extent shown on approved plan and as noted in the
approval resolution. Changes in approved plans are subject to fmiher review by the City.
Variance approval expires one year after date of approval. A building permit must be
obtained no later than November 22, 2005.
If you desire certified copies of the official Council minutes, they are available from the
City Clerk after review and approval by the City Council.
~fl~ Bonesll:roo
9 Rosene
~Anderlik &
1 \J 1 Associates
Engineers & Architects
November 9, 2004
Ms. Janice Gundlach
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
2." West Highway 36 • St. Paul, MN 55113
Office: 651-636-4600 • Fax: 651 -636-13!1
www.bonestroo.com
Re: 3135 Casco Circle
File No. 139-04-000
Plat No. 04-3047
Dear Janice:
RECEBVEO
NOV 1 O 2004
CITY OF ORONO
We have reviewed the site plans for the proposed improvements to 3135 Casco Circle. The proposed
improvements include construction of a new home , detached garage and driveway. The plans submitted show
proposed swales along both sides of the home and it appears that the grading plan is acceptable . Erosion
control measures should be installed, inspected and approved by the city prior to any work on site.
If you have any questions please call me at (651) 604-4863 .
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES , INC.
~K+
Tom Kellogg
Cc : Greg Gappa, City of Orono
Bruce Vang, City of Orono
• St . Paul , St. Cloud, Rochester, Wi llm ar, MN • M il waukee, WI • Chicago, IL
Affirmative Actio n /Equal Opportunity Employer a nd Employee O wned
Date Application Received: 8-18-04
Date Application Considered as Complete: 8-18-04
60-Day Review Period Expires: 10-17-04
To:
From:
Date:
Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
Janice Gundlach, City Planner 1(h
September 15, 2004
#04-3047
September 20, 2004
Page 1 of2
Subject: #04-3047, Bruce Meese & Maureen Murphy, 3135 Casco Circle
-Renewal of: 0 -75' & 250' -500' Hardcover Variances, Lake Setback
Variance
-Public Hearing
Zoning District: LR-1 C, One Family Lakeshore Residential District(½ acre min.)
0.49 acres (21, 392 s.f.) Lot Area:
Lot Width: 60 feet
Application Summary: Applicants are requesting renewal of the following variances
approved in September and October, 2003 in order to construct a new residence:
1. Lot area variance to allow reconstruction of a home on a 0.49 acre lot when 0.50
acres is required.
2. Lot width variance to allow reconstruction of a home where the width at the
shoreline and 7 5' setback is 60' when 100' is normally required.
3. Hardcover variance to all 37% hardcover in the 250'-500' zone when 30% is
normally allowed.
4. Hardcover and lakeshore setback variance to allow an existing deck and retaining
walls constituting 6% hardcover in the 0-7 5' zone to remain when 0% hardcover
and no structure is normally allowed and 14% currently exists.
Staff Recommendation: Staff recommends approval of the renewal variances as the
applicant demonstrated a viable hardship and the conditions remain the same.
However, staff has added a condition to the approval which states that the applicant must
finalize a grading plan prior to final City Council approval of the renewal. This is due to
the recent grading issues the building department has been having on rebuilds with
lakeshore lots. Provision of a grding plan is now being required prior to variance
approval for all such situations
List of Exhibits
Exhibit A -Application
Exhibit B -Proposed Site Plan
Exhibit C -Resolution Approving Items 1-3 Listed Above
Exhibit D -Resolution Approving Item 4 Listed Above
Background
#04-3047
September 20, 2004
Page 2 of2
The applicants received a number of variances in late 2003 for construction of a new
home. The applicants have not started construction of that new home within the allotted
one year which variance approval provides. The applicants are requesting that those
variances be renewed an additional year. If granted the applicants would have until
September of 2005 to apply for a building permit.
Staff maintains that the conditions under which the 2003 variances were granted still
exist and therefore the renewal should be approved. The findings under which the
previous variances were approved can be found under the "Findings of Fact" section of
both resolutions (Exhibit C and D). Should the Planning Commission and Council
approve the renewal, the resolutions attached as Exhibit C and D would be amended to
reflect the 2005 deadline and the code sections would be updated to reflect to re-
codification that has occurred since the 2003 approval.
Issues for Consideration
1. Does the Planning Commission find that the conditions under which the 2003
variances were approved still exist?
2. Are there any other issues or concerns with this application?
Staff Recommendation
Recommend that the City Council renew the variances approved in September and
October of 2003 consisting of a lot area, lot width, 0 -75' & 250' 500' zone hardcover
variances, and a lake setback variance stipulating that a grading plan must be finalized
prior to final City Council Approval. The resolutions shall be amended to reflect a
September 2005 deadline for building permit submittal, as well as the updated code
sections to reflect the re-codification that has occurred since the original approval.
/ City of Orono
Variance Application
Street Address:
2750 Kelley ParkWay
Orono, MN 55356
Main: 952-249-4600
fax: 952-249--4616
Mailing Address: .
P.O. Box66
Crystal Bay, MN 55323-0066
04-30q~ Application #
Date Received:,,_~~
Amount Paid: · co. oO
Staff:
This application fonn must be completed in full. Api::·rcant wm 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: ~ Cdsc.-o u ~
Property Identification Number {PIN): jii]J] -2. '?-9~ .. 002 ~ :
(Attach legal description to application if n/t included on the survey.)
Date Property Acquired (moryth/y!ar);. I Zoot. □ Yes, I own the adjacent parcels.
Present use of property: .J.a;Res1denbal □ Other ---------~-------
Zoning District: L.f?._ -I v
OWNER INFORMATION: (Complete legal names a:id marital status required for each interested party)
Name: S/rMc. AS /t&o VE'
Phone (home): ________ _____.._ Phone (work}:
Address: Email: __________________ Fax: _____________ _
DESCRIPTION OF REQUEST: Estimated Project Cost: $ $J0£l'll(JO,(
Describe the request in detail (attach additional sheets if necessary):
lZ6-d VOO/ZOO'd !60-1 919t6VZZ96+ ONO~O dO All~-WOJd Wdg£:£O VOOZ-OZ-JdV
"'
Re0u1RE0 susM1rrALs: ({J()N', VJfJf-(J.._ '< )43ovr fr\1';, 1NFO. P6 vJG Attr;AOY HING rr
All of the following infonnation must be submitted by the application deadline date in order for your '
application to be processed.
□ 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 612-348-591 0
□ Original Certificate of Survey (signed by a licensed surveyor). meeting aU the requirements
listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or
11" x 1711 for reproduction.
□ Completed hardcover calculation worksheets (as provided within the variance packet) ..
□ Topographic survey -including existing and proposed elevations. Provide one copy 8.511 x 11 11
or 11" x 17" for reproduction.
□ Sketches or plans of floor and elevation views (provide one oopy 8.5" x 11D or 11" x 1T).
□ 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 sot the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of its potential merit.
--j/ Applicant's Signature:
/}'-Applicant's Signature:
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
purpof)es of investigation and verification of this request.
, ~ owners Signature:
~ pwners Signature:
. .
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.
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25 SUBDIVISION 6 (b ),
SECTION 10.22 SUBDIVISION 2, AND
SECTION 10.56 SUBDIVISION 16 (I)
FILE NO. #03-2936
WHEREAS, Bruce F. Meese & Maureen E. Murphy (husband & wife),
(hereinafter "the applicants") are the owners of the property located at 313 5 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 A venue, 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 of 219.07 feet,
which point is marked by a Judicial Landmark set pursuant to 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; all in SPRING PARK, according to
the plat thereof on file or of record in 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 10.25 Subdivision 6 (b ), Section
10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to rebuild a home on the
existing lot.
Page 1 of 6
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2936.
2. The property is located in the LR -lC 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 August 18, 2003 and recommended approval of the lot area, lot
width and 250-500' zone hardcover 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. Because the lot is being reviewed as a rebuild, the lot must conform to
current Zoning Ordinance standards or a hardship shall be presented.
d. Due to the configuration of the lot, minimal area exists in the 250-500'
zone, hence a variance to allow excess hardcover for the proposed
detached garage is not reasonable.
e. Because of sight visibility problems on Casco Circle, a turnaround is
necessary to safely exit the drive.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variance would not adversely affect traffic
Page 2 of 6
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 10.25 Subdivision 6 (b ),
Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow a house to be
rebuilt on an existing lot, subject to the following conditions:
I. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Approval for hardcover amounts in the 75-250' and 250-500' zones are based on
the hardcover amounts listed in the planning report. 22.4% hardcover is allowed
in the 75-250' zone and 37% hardcover is allowed in the 250-500' zone.
3. The excessive hardcover in the 0-75' zone will be reviewed separately and isn't
included in this resolution. A resolution addressing the decision on the hardcover
in the 0-7 5' zone will be drafted once a final decision has been made by the City
Council.
4. Hardcover in the 75-250' zone shall be limited to 2,369 s.f. or 22.4% 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 not likely be approved without concurrent reduction in
existing hardcover.
5. 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 (August 25, 2004).
Page 3 of 6
6. 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.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 25 th day of August, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner( s)
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
____ , 2003 by Barbara A. Peterson, Mayor 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
The foregoing instrument was acknowledged before me on this _ day of
2003 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.
Notary Public
Page 5 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this __ day of _____ ___,
2003by _________________________ _
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this __ day of _____ _
2003by _______________________ _
Notary Public
Page 6 of 6
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-282 AND SECTION 78-1288 (B)
FILE NO. 03-2936
WHEREAS, Bruce F. Meese & Maureen E. Murphy, husband and wife
(hereinafter "the applicants") are the owners of the property located at 313 5 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 of 219.07 feet,
which point is marked by a Judicial Landmark set pursuant to 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; all in SPRING PARK, according to
the plat thereof on file or of record in 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 a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (B)
to allow a lakeside deck and adjacent retaining walls to remain in the 0-75' zone, such
deck and retaining wall constituting structure and 6% hardcover ( excluding allowed
stairway access) when no structure and 0% hardcover is normally allowed.
Page 1 of 6
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2936.
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 August 18, 2003. The City Council reviewed the application at
regularly scheduled meetings held on September 8 and September 22,
2003 and granted conceptual approval of the hardcover variance for the 0-
75' zone based on the following findings:
a. The nature of the property in the 0-75' zone is steep slopes being
supported by retaining walls.
b. Currently, the existing lakeshore deck is bolted to a concrete retaining
wall which is supporting 8' of earth.
c. After engineering reviews, the interdependency of the wall on the deck
is inconclusive; however, Council action to require removal of the
deck may have unintended negative consequences. Should the deck be
required to be removed and detached from the retaining wall, there is
the potential that the retaining wall may fail, subsequently causing
slope failure.
d. The existing conditions of the retaining wall and attached deck support
the slope.
e. Absent the unique conditions noted above, the lakeshore deck would
normally not be allowed to remain, as it is a nonconforming structure
and the property is undergoing a complete teardown/rebuild of the
principal structure.
Page 2 of 6
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the 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 a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78-
1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, subject to the
following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the 6% level. 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 not likely be approved without concurrent reduction in existing
hardcover.
3. Should at any point in time the retaining wall or deck need to be replaced, the
lakeside deck must be removed in its entirety and shall not be replaced. Also, the
slope must be re-vegetated with plant material approved by City staff in the event
that the deck is removed. As allowed by Section 78-1282, a 32 square foot
landing may be constructed in the 0-75' zone in the event that the deck is replaced
but under no circumstances may a 32 square foot landing be constructed in
Page 3 of 6
addition to the lakeside deck. The existing lattice work below the deck shall be
replaced by vegetation.
5. 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 construction of the new house within one year of the date of
Council approval, or the variance will expire on that date (October 13, 2004).
6. 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.
7. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on this 13 th day of October, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner( s)
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
____ , 2003 by Barbara A. Peterson, Mayor 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
The foregoing instrument was acknowledged before me on this _ day of
---~ 2003 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.
Notary Public
Page 5 of 6
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2003
by Bruce F. Meese, husband of Maureen E. Murphy.
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ :, 2003
by Maureen E. Murphy, wife of Bruce F. Meese.
Notary Public
Page 6 of 6
RUN DATE: 7/2J/2003
38 20 I I 723340007
PROP AODR 3 I 3 I CASCO CIR
OWNER NAME JP SUMNER & EK SUMNER
TAXPAYER JOHN P SUMNER
NAME/ADDR EILZABETH K SUMNER
3131 CASCO CIR
WAYZATAMN 55391
38 2011723430027
PROP ADDR 3155 CASCO CIR
OWNER NAME BENJAMIN F ROBERTACCIO ET AL
lAXPA YER BF & M K ROBERTACCIO
NAME/ADDR 3155 CASCO CIR
WAYZATA MN 55391
38 20 I 1723430030
PROP ADDR 3133 CASCO CIR
OWNER NAME G C BECKER/TI MARCHESSAULT
TAXPAYER G C BECKER/TI MARCHESSAULT
NAME/ADDR 3133 CASCO CIR
ORONO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723340008
PROP ADDR 3129 CASCO CIR
OWNER NAME JOANNE D JONES
TAXPAYER JOANNE D JONES
NAME/ADDR 5100FRANCEAVES#I04
EDINA MN 55410
38 2011723430028
PROP ADDR 3145 CASCO CIR
OWNER NAME BC DOWNEY & BA DOWNEY
TAXPAYER BC DOWNEY & BA DOWNEY
NAME/ADDR 3145 CASCO CIR
WAYZATA MN 55391
38 2011723430031
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME THE CASCO CO
TAXPAYER CITY OF ORONO PARKS
NAME/ADDR PO BOX 66
CRYSTAL BAY MN 55323
38 2011723340022
PROPADDR 3127 CASCO CIR
OWNER NAME KE AAKRE & J AAKRE
TAXPAYER K E AAKRE & J AAKRE
NAME/ADDR 3127 CASCO CIR
WAYZATA MN 55391
38 201 I 723430029
PROPADDR 3135 CASCO CIR
OWNER NAME BF MEESE & M E MURPHY
TAXPAYER MAUREEN MURPHY
NAME/ADDR 3!35CASCOCIR
WAYZATA MN 55391
I CERTIFYTHATTHE FACTS REPRESE1'ffED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARSTHIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTM~ BEST
OF MY KNOWLEDGE AND BELIEF. /J /J ,/ /1-2~ t (1 adu/-:1
DATE /·-✓T--u.:_.sy :.2, 00
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CITY of ORONO
August 26, 2004
Bruce Meese & Maureen Murphy
313 5 Casco Circle
Orono, MN 55391
Street Address:
2750 Kelley Parkway
Orono. MN 55356
SUBJECT: Zoning Application #04-3047
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within fifteen ( 15) business days as to the status of your
application for a renewal variance for property located at 313 5 Casco Circle. Our preliminary review
indicates that your application is complete.
Your application is scheduled to appear before the Planning Commission on Monday, September 20,
2004. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available
to attend the meeting. You will be mailed a staff report regarding your application prior to the
meeting date.
Please call me at (952) 249-4623 should you have any questions.
Sincerely,
City of Orono
~ (;JM.NJ~
Janice Gundlach
City Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
City of Orono
Variance Application
Street Address:
2750 Kelley ParkWay
Orono. MN 55355
Main: 952-249-4600
fax: 952-2494616
Mailing Address: .
P.O. Sox66
Crystal Bay, MN 55323-0068
oq-30Q~
AppPcation # ~ ~
Date ~eceived: 7-;;( =:
Amount Paid: · a::>. oO
Staff : ;]ft.n ,'c e ,.
This application form must be completed in full. Ap~·ic:ant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
OWNER INFORMATION! (Complete legal names a:id marital status required for each interested party)
Name: SAfnE. /iS /t&QVt
Phone (home): ______________ Phone (work}:
Address: Email: __________________ Fax: ___________ _
DESCRIPTION OF REQUEST: Estimated Project Cost: $ $Jl)a,'ll!JO,(
Describe the request in detail (attach additional sheets if necessary):
{)!;, -II.
lZ6-d V00/Z00·d l60·! 9l9v6vZZ96+ ONO~O dO A!IJ-WOJd Wdg£:£Q V00Z-0Z-JdV
...
Re0u1Reo susM1nALs: (DON', WIJ'-P... '< ~f)-r 1r\1~ 1NF0. Ao wr; .ALti;J\'l)y Hl<'IE rr
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 612-348-5910
□ 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. Provide one copy 8.5" x 11 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
resporasible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of its potential merit .
._.J/ Applicant's Signature:
/{'-Applicant's Signature: =J?;:~=-=~=-~=:-:,:---e:~:::::0:/:<?.ir::~:=== g::::
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
purpo$es of investigation and verification of this request.
, // owners Signature:
~ Owner's Signature:
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.
,f~
6/ =-.:~
;b~ .. :µ,_!il
~
lZ6-= v00/€00 .d !60-! 9l9v6vZZ96+
Date:
1o:
Fax:
April 20, 2004
Maureen Murphy
(952) 471-2563
City of Orono
2750 Kelley Parkway
P.0.Box66
Crystal Bay, MN 55323
(952) 249-4600
Fax: (952) 249-4616
FAX TRANSMISSION COVER SHEET
Re: Extension Request For OCT. 2003 Ape!<>ved Variances
Sender: Janice Gundlach (formerly Waataja)
YOU SHOULD R£CEIVE 3 PAGE(S), INCLUDING THIS COVER
SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (952) 249-4600.
I've attached the application in order to apply for the renewal. I filled in all the information I
knew, however, if there are changes please note them on the application. You do not have to
worry about the .. REQUIRED SUB MITT ALS'' as we already have all that information from
the previously appro-ved variances. All you would need to do is sign the attached application
and submit it with the $300 processing fee.
fve also attached the meeting schedule for this year. In order to meet the October 13, 2004
deadline the application and fee would need to be turned in by August 18, 2004. That way the
Planning Com.mission and Council can approve the renewal before the October 13, 2004
deadline. If you have questions please feel free to give me a call at (952) 249-4623. Thanks
IZ6-~ V00/100.d !60-! 919v6vZZ96+ ONO~O ~o A!IJ-WOJ~ Wdv£:eo VOOZ-OZ-JdV
Affidavit of Publication
State of Minnesota, County of Carver.
Keith P. Anderson, being duly sworn.on oath says
that he is an authorized agent and employee of the
publisher of the newspaper known as THE LAKER
Mound, Minnesota, and has full knowledge of th~
facts which are stated below:
A.)The newsp_ap~r has complied with all the require-
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331 A.02, 33IA.07, and other applicable laws, as
amended.
B.) The printed Le F ,,_,~~ I CQ.
r ,.
\...0....i~
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for _ I successive weeks:
It was first published Saturday,
the _±_ day of ~p+-20 OY., ,
and was thereafter printed and published every
Saturday, to and including Saturday,
Subscribed and sworn to me on this
0~ day of S:L() t--, 20 C'..) l,__\
I
a _ _/d~~
Notary Public
Rate Information
(1) Lowest classified rate paid by commercial users for com-
parable space: $15.50 per inch.
(2) Maximum rate allowed by law for above matter: $15.50 .
(3) Rate actually 7~arged for above matter: $7.80 per inch .
Each add1t1onal successive week: $5.40 .
LEGAL NOTICE
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, September 20, 2004 , begin•
ning at 6:00 p.m. on the matter of review-
ing the following land use applications:
1.#04-3042 Pillar Homes on
behalf of Roger & Carol Rovick , 1625
Sohns Point Rd ,
LR -1 B zoning district, requests an
after·.the •fact conditional use permit for
grading and fill in excess of 500 cubic
yards in conjunction with the construction
of a new residence.
2 .. #04-3045 . Robert and Mary
Jo Emfield , 3165 North Shore Drive , LR -
1 B zoning district, request a conditional
use permit for fill in excess of 500 cubic
yards and an average lakeshore setback
variance to allow the proposed pool to
encroach approximately 30' into the
required setback, all in conjunction with
construction of a new residence.
3.#04-3047 Bruce Meese & Maureen
Murphy, 3135 Casco Circle, LR -1 C zon-
ing district , request renewal variances for
lot area, lot width , and hardcover in the 0-
75' zone and 75 '-250' zone to permit con-
struction of a new residence .
4.#04-3048 Steven &
Kathleen Persian, 1005 Hunt Farm Road ,
RR -1 A zoning district , request va riances
to permit a 2,160 s.f. accessory building to
be located in front of the principal resi-
dence , to permit the building .to be located
within ·the required 30' side y.:rd setback
and also to permit the building to be larger
than the 1,200 s.f. allowed by City Code .'
5.#04-3049 Woodhill Country Club,
200 Woodhill Road, RR -1 B zoning dis·
tri ct, requests a conditional use permit to
allow a trailer to be located near the barn ,
to be used as a temporary club office and
employee break area during major remod-
eling of the main clubhouse for approxi-
mately 9 months .
6.#04-3050 Mike and Jeanie
McClelland , 2170 Minnetonka Avenue, RR
-1 B zoning district, request lot area and
lot width variances to permit construction
of a new principal residence on a lot 0.55
acres in area and 175' in width in a zone
which requires 2 acres and 200' of width.
7.#04-3051 Kevin & Juli e
Fitzpatrick , 356 Westlake Street, LR -1 A
zoning district, request lot area, lot width
and side yard setback variances to permit
construction of a new res idence on a lot
0.686 acres in size when 2.0 acres is nor-
mally required, 50' of width at the lake and
at the 75 ' setback whe n 200' of width is
normally required and side yard setbacks
of 1 O' when 30' setbacks are normally
required.
8.#04-3052 Eric Vog strom, 2618
Casco Point Road , LR -1 C zoning district,
requests a side street setback variance to
permit construction of a new principal res -
idence to be located 1 O' from platted rig ht·
of-way when 15' is normally required and a
hardcover variance within the 75'-250'
zone to permit 58% hardcover when 25%
is normally allowed .
All persons wishing to be heard are
encouraged to attend this meeting .
Written comments are accepted and
should be submitted to the City of Orono
by September 13 , 2004. Plans are avail-
able for re view in the City Offices. For an
appointment , please call (952) 249-4600 .
City of Orono
By : Planning Commission
Michael P. Gaffron,
. Planning Dire ctor.· ;,;
Posted a~: o iono City Offic~s
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
(Pub li shed The Laker and The Pioneer
newspapers September 5 , 2004)
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#04-3047, as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 10th day of September, 2004.
dk/4U~
Denise M. Leskinen
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 2 780 KelleJ
Parkway on Monday, September 20, 2004, beginning at 6:00 p.m. on the matter of reviewing the
following land use applications :
1. #04-3042 Pillar Homes on behalf of Roger & Carol Rovick, 1625 Bohns Point Rd ,
LR -1 B zoning district , requests an after-the-fact conditional use permit
for grading and fill in excess of 500 cubic yards in conjunction with the
construction of a new residence.
2. #04-3045 Robe1t and Mary Jo Emfield, 3165 North Shore Drive, LR -lB zoning
district, request a conditional use permit for fill in excess of 500 cubic yards
and an average lakeshore setback variance to allow the proposed pool to
encroach approximately 30' into the required setback, all in conjlmction with
construction of a new residence .
3. #04-3047 Bruce Meese & Maureen Murphy, 3135 Casco Circle, LR -IC zoning
district, request renewal variances for lot area, lot width, and hardcover in the
0-75' zone and 75' -250' zone to permit construction of a new residence .
4 . #04-3048 Steven & Kathleen Persian, 1005 Hunt Farm Road, RR -IA zoning
district, request variances to permit a 2,160 s.f. accessory building to be
located in front of the principal residence, to permit the building to be located
within the required 30' side yard setback and also to permit the building to be
larger than the 1,200 s.f. allowed by City Code.
5 . #04-3049 Woodhill Country Club, 200 Woo<lhill Road, RR -lB zoning district,
requests a conditional use permit to allow a trailer to be located near the barn,
to be used as a temporary club office and employee break area during majo~-
remodeling of the main clubhouse for approximately 9 months.
6. #04-3050 Mike and Jeanie McClelland, 2170 Minnetonka Avenue, RR-lB zoning
district, request lot area and lot width variances to permit construction of a
new principal residence on a lot 0.55 acres in area and 175' in width in a zone
which requires 2 acres and 200' of width.
7 . #04-3051 Kevin & Julie Fitzpatrick, 356 Westlake Street, LR-lA zoning district,
request lot area, lot width and side yard setback variances to permit
construction of a new residence on a lot 0.686 acres in size when 2.0 acres is
normally required, 50' of width at the lake and at the 75' setback when 200'
of width is normally required and side yard setbacks of 1 O' when 30' setbacks
are normally required.
8. #04-3052 Eric Vogstrom, 2618 Casco Point Road, LR-1 C zoning district, requests a
side street setback variance to permit construction of a new principal
residence to be located 10' from platted right-of-way when 15' is normally
required and a hardcover variance within the 75'-250' zone to permit 58%
hardcover when 25% is normally allowed.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and should be submitted to the City of Orono by September 13, 2004. Plans are available
for review in the City Offices. For an appointment, please call (952) 249-4600.
City of Orono
/,,. ... ·
By: Planning Conm1ission __
,.", ~... / ) ,•--.. / / :~;-· ' (~' .A (; A'
. ~-----·, I: / / /,I' . · I/·· __.,, v ,-----
/ 1/ ~
Michael P. Gaff~ 1, Rlinning Director
L
To be published the week of September 5, 2004
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
Jam Free Printing
Use Avery® TEMPLATIE 5160®
38 2011723340007
John P Sumner
Elizabeth K Sumner
3131 Casco Cir
Wayzata, MN 55391
38 2011723430027
Benjamin F Robe1iaccio
3155 Casco Cir
Wayzata, MN 55391
38 2011723430030
G C Becker/ T I Marchessault
3133 Casco Cir
Wayzata, MN 55391
38 2011723340008
Joanne D. Jones
www.avery.com
1-800-GO-AVERY
5100 France Ave. S #104
Edina, MN 55410
38 2011723430028
B C Downey & B A Downey
3145 Casco Cir
Wayzata, MN 55391
;\~:il/1\ 'r:r-0~1:~·oog-~ r1,,
LU OJ' /Vi at, E ··r1j\f'1./i.P.ft
~@ AVERY® s1so@
38 2011723340022
K E Aakre & J Aakre
3127 Casco Cir
Wayzata, MN 55391
38 2011723430029
Brnce Meese & Maureen Murphy
3135 Casco Circle
Wayzata, MN 55391
RUN DATE: 7173/2003
38 20 I 1723340007
PROP ADDR 3131 CASCO CIR
OWNER NAME JP SUMNER & EK SUMNER
TAXPAYER JOHN P SUMNER
NAME/ADDR EILZABETH K SUMNER
3131 CASCO CIR
WAYZATA MN 55391
38 2011723430027
PROP ADDR 3155 CASCO CIR
OWNER NAME BENJAMIN F ROBERTACCIO ET AL
TAXPAYER BF & MK ROBERTACCIO
NAM'" DDR 3155 CASCO CIR
WAYZATA MN 55391
38 20 I 1723430030
PROP ADDR 3133 CASCO CIR
OWNER NAME G C BECKER/TI MARCHESSAULT
TAXPAYER G C BECKER/TI MARCHESSAULT
NAME/ADDR 3133 CASCO CIR
ORONO MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LISf
38 2011723340008
PROP ADDR 3129 CASCO CIR
OWNER NAME JOANNE D JONES
TAXPAYER JOANNE D JONES
NAME/ADDR 5100FRANCEAVES#104
EDINA MN 55410
38 2011723430028
PROP ADDR 3145 CASCO CIR
OWNER NAME BC DOWNEY & BA DOWNEY
TAXPAYER BC DOWNEY & BA DOWNEY
NAME/ADDR 3145 CASCO CIR
WAYZATAMN 55391
38 2011723430031
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME THE CASCO CO
TAXPAYER CITY OF ORONO PARKS
NAME/ADDR PO BOX 66
CRYSTAL BAY MN 55323
38 2011723340022
PROP ADDR 3127 CASCO CIR
OWNER NAME KE AAKRE & J AAKRE
TAXPAYER
NAME/AD DR
K E AAKRE & J AAKRE
3 I 27 CASCO CIR
WAYZATA MN 55391
38 2011723430029
PROP ADDR 3135 CASCO CIR
OWNER NAME B F MEESE & M E MURPHY
TAXPAYER MAUREEN MURPHY
NAME/ADDR 3135 CASCO CIR
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUEREPRESENTATIONOF INFORMATION AS IT APPEARSTHIS DATEONTHE RECORDS
OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTM~HE BEST
OF MY KNOWLEOOE AND BELIEF. /J /J ,I /):::c t (' adu/-i
DATE 1--/ru:A3Y ,L ua
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PAGE: I
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TRACKING SHEET
FILE NO. 04-3047
Staff:, )P<N \ ~
SITE ADDRESS: 3135 Casco Circle
Applicant: Bruce Meese & Maureen Murphy
Address: 3135 Casco Circle
Owner: Bruce Meese & Maureen Murphy
Address: 3135 Casco Circle
Wayzata, MN 55391 Wayzata, MN 55391
1' Meeting with Staff Date: 1>lir,)o~ -~~~---
~ Application Completed
□ Incomplete Notice Sent
Date:_'b_,__,__lf _C6/_o 1_.__ __ 60 Day:
Date: -------
C)(y of Application Sent to:
Engineer _ County DNR MCWD
'¢ Property Owners Notified: Date: ~ J )01 o'f
p( Legal Notice Published Date: 4 ) 4 JD Lf
li)) 11 )oj M-wa. -w
11,,J Iv I t1l--f
LMCD
PC Meeting(s): C·\l'Lololf Vote: 5-\ Af'f 12-
Vote: ---------------------
Vote: -------------------
~ Notice-of PC Action: __ '1,.....l-=U_._____...) ~D-Y-1----------------
City Council Meeting(s): _) \ ___ l_t_1---~}~o--f~-------Vote: Af)PA.. 5 -o
Vote : --------------------
Vote: --------------------
□ Resolution: