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Home My WebLink AboutProject Packetc r% % S Vat / I 1'1 CITY OF ORONO - VARIANCB APPLICATION /l S n. Initial Application Fee $150.00 ($50.00 per each a di onal project) After -the -Fact Fees - t) -------- ---------------------------------------------- -- ---- ---- PROPERTY LOCATION Site Address 1 Property Identification Number ( P. I . D.) ,�:Z JLT -SV Please check one -- Is the property abstract or _&_ torrens? Please attach legal description to application if not inclided on required survey. APPLICANT 61�i� Si nSF,r ("Or»hir f ------------------------ Name &MAOMA Phone AJ Mailing Address 1L�y fill.; nw Name �Mftl U*o- Phone 4U - Zio Mailing Address Date Property Acquired Syr. S 3 (month/year) I (do) EED also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District Present Use o. Property s;+" Residential Other (specify) -------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: G,?bLUCI1 FfwX_ Tb AM POKE ---------------- ----------------------------------------------------------- VARIANCU REQUI'ZED Lot Area Lot Width j_ Hardcover Setback Variances ( /5'� Front Side Rear) Other E fAAC . lb 16' %9 r SACK 4/f60 1 #S' Abv67M (OVER) HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations: T"&__Aj0#r& ,%,S*Ak- AApA0>, _ A�ni[� TO .Ae was FE.v.s_ "A .ate AdAA t✓I O"A . S•+tCAc.rc � nc �Q ESQ L a OW& 4w ,6 . AAoeArt..i, A,. d.V4 34APi•w5 -- -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: Lk A. "cArrti/ rwActsa.M 2i &b JA2A&A ,TV `,,Avg GF F XW9 i.uLJ1 iAW.As /Nn W, ra A .tE3S tAyF,&Wd&r fly A�.Y� F•a. �.14 �Y w.nT Drs7tY�Ed 17AE w!/E�J ieEl�,.v� ��ii. n d� E'viQiur Au��-�-:4� dk; WIS FLAACAS - -------------------- REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-603Government Center 348-3271) 3. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address. 4. Certificate of survey including hardcover calculations as required. 5. Plat Map. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agreestopayall fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best oA his/heX kno.4ledge. Applicant's signature-1�"'�4-''�,• Date iz _.W OWNERS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of�fui-s-�eq Owner's signature Date :2 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. l RUN DATE 06/25/65 HENNEPIN COUNTY PROPEPTY INFORMATION SYSTEM REPORT i10. PI435401 PROPERTY OWNERS LIST PAGE 14 • EATCN 107 38 20-117-23 34 OOOS 38 20-117-23 34 0006 38 20-117-23 34 C007 PROP .ADDR 03095 CASCO CIR 03105 CASCO CIR 03131 CASCO CIR . (. OWNER NAME CURTIS J ENGLLP J ETAL W A M MZYER OIVILLE H HUSEBY ET AL TAXPAYER CURTIS J ENGLL94 JOHN P STEN OPVILLE s DEANNE HUSEBY `1A.4E.'AORR 309S CASCO POINT RO 3105 CASCO CIRCLE 3131 CASCO CIRCLE WAYZATA MN 55391 WA\ZATA MH 55391 WAfZATA '24 55391 38 20-117-23 34 0008 38 20-117-23 34 0010 38 20-117-23 34 002 9 PROP ADDR 03129 CASCO CIR 0303S CASCO POINT PO 03125 CASCO CIR L -!'IE R NAME P M DOMALL ETA'- GLORIA B OOTZENPOTH P G A P A DUDLEY 't�?AYER P M D011f.All JOHN �aEDLU`� R tIALO G A PA7PICIA A DJDLEY NAME/ADDR 730 2ND AVE S SUITE 51S 30t5 CASCO ?T PO 3125 CASCO CIRCLE 50 MPLS MN 55a02 WAYZATA Mi 55391 CR.'.'LO Mt: 55391 38 20-I17-23 3i 0022 PROP ADDR C41ER NAME J N A B L LEAR TAXPAYER JACES h A ":HIE L LEAP N:.rE/ADDR 3127 CASCO CI9 ORONO M•: 55301 38 20-117-23 43 OC31 PROP ADOP (`.419 NAME THE CASCO CO TA'rPAYEP THE CASCO COMPANY NAME/AJOR ROBERT 0 MACNTE 3135 CASCO CIR "I,YZATA IDS 55391 �8 20-117-23 43 0029 03135 CASCO CIR POLA►D C AY.UiCSJN PC-1 ,0 C AM;".IDSON 330 FIRST BA!.% PLACE W 'tI LS M H "5402 TOTAL BATCH 037 00310 38 29-117-23 43 C030 03133 CASCO CIR DENUI'S A LAU?A SULLIVAN D.iai!S S LAURA SU:LIVAN 3133 CASCO CIRCLE CRI:`E VAQATA !1N 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATTON OF INFORMATION AS IT APPEAR:. TFIS OATE ON THE RECORDS OF THE HEtlttEPIN COUNTY OEPA.TMENT OF PPOPERT" TAXATION, TO THE BEST OF MY KNOWLEDGE AND EELIEF. DATE Ely b • 38 20-1j 0031 THE CASC MP y R�Ea ACN3 1 ASC IATA M 5539 ` k � y CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, July 15, 1985, to allow the public review of the following land use applications: 1. #934 Robert Tschida, 1300 Fox Street -street setback variance to construct an addition to existing residence. 2. #935 The Wayzata Country Club, 200 Wayzata Boulevard West - conditional use permit to permit land alterations of golf course. 3. #936 Lawrence J. Gardner, 1085 Tonkawa Road - conditional use permit for land alteration within lakeshore yard. 4. #937 Wharton Sinkler, 2195French Lake Road - setback variance to permit construction of animal barn. 5. #938 Robert Nash, 1020 Townline Road - rear setback variance for accessory structure 6. #940 Ann Fisher, 774 Tonkawa Road - average lakeshore setback variance for an addition to existing house. 7. #941 Paul Nutt, 2739 Shadywood Road - requires a variance to allow an accessory structure (dock) on a lot th"t does not contain a residence. 8. #942 Arthur Finkelstein, 1740 Shadywood Road - a hardcover variance to permit the addition of an attached garage. 9. #943 John and Susan Purdy, 1975 Fagerness Point Road - a hardcover variance to permit an addition to the existing esidence structure. 10. J#944 James Lear, 3127 Casco Circle - street setback variance for a privacy fence. All perscns wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Jea@ne A. Mabusth Building i Zoning Administrator CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Barb Provr , of the City of Orono, Hennepin County, Minnesota, do hereby certifiy that. a Notice of Public Hearing concerning James Lear's application for a street setback variance for a privacy fence. wa. mailed to the attached list of property of owners on July 3, 1985 In Witness Whereof, I have hereunto set my hand and seal this Third day of July, 1985 Barb Provo, Secretary ry Cali, or Ne*11:1111 T1ma Garr"*wn r 1275 SOLWA%CO he~ In "Ve Is lob todwo stele, PAW on Moo WW use W tn.Pdocoftn. rmwAa0� W Tachida. 1300 F"� rta gtreat —Nraa>t s1tt..* vwnrmca to oonatruct sn to "Mm rostdrCa ouo. 200 l �b TM *0008 ODU MV use Per 2 No re Wool--o°ndnr tio tn�to W, lard altarNtons d 11ott loss 3 t00 L J use for M"d aNN4 NO 937 WhOM >'w*M' to Ip rnr11 onn _'WbWA Variance Eton d r'""N � 102o TownWOR 5 No VAWk variant" for tttor y A°id—rN` "o.a— un Elio Fa »W' avtrrirlG for an ad svaraMstaiati � ttp� 7 1t o - M 1 MiA mm b2� wooees'V vanrwa� d� ne1 corttrn s NrUctura (d111 o^ a fol (6801111108 42 &tpur f tnkN to OM hol'acorr w��tlon rdmmrhwweel,t . 1975 a NoW aslata"1 s hrdCO"I' vartrios 1O Oart*M ,so" "011111111"C's on to Me spyctwe � LOW. 3127 Ceac 10 No "tame 1sr a piwacy tar»��,at�Mp�tM�� Nr "low. mow 606111111110 ter maw in Via Ow �M°n t7ay of OHM M rlratMtM prrOWMO n Jaat" A M1Miath O. no A ZGwV AdwAdWMor i to The LaMw Jut 2. 1061 Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, 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, Min- nesota, and has full knowledge of the facts which are stated below A ) The newspaper has complied with all the re- quirements constituting qualifications as•a qualified newspaper. as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended B 1 The printed A1077r_-*` which is attached was cut from the column of said newspaper, and was printed and published once each week for successive weeks It was first published Tuesday, the __ Y day of _ . 19 and was thereafter printed Ad published every Tuesday, to and including Tuesday the day of tE' l ' Authorized Agent i i Suhscribed and sworn to me on this �i 1 day of CCU i�aa E.—m Aug l •�—r ..«..,.........b..+....... Rate 11"/ormaNew 1 i L owest u,asaafted rate paid by convrwrerl Laws for conWrttbb space S8 ®o per trwh ill Maximum rate allowed by law for above miter 64 13 per Oxh. CITY r I 1 1 l t (1i Rate ectualiy charged for above matter $a 13 ow tech _� __-.... Each addtttonai six 'e"ive week S2 75 per inch Too \ ;" •-� v`•• h +tti' ` ^ ON f l y Si T o r �/ �.e.. l� • ►, a T sari 04 44.1 t o 1 8. T s NM � ! 1 • 5 ,�,}� ti� Tezlti t 63 9 lie zol Y r � � � •i �•„� r .�yo•.Ss-. Assn �i: rye •}� Ar 169 IS3 ,`16 Q(18� �� ►r Ovk 65 Ols ` ' SIT'.: • .' �yi .l Y I • N� � / A � • Uzi � I s •i •T 0 » se �e 'e� L _ � � SN,R L � .ac •r! � IV kle 971 ® w Ire ers EXHIBIT A LEGAL DESCRIPTION: Lot 2, Block 1, Colorado Springs, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County of Hennepin, State of Minnesota; the boundaries of the plat have been market+ by Judicial Landmarks set pursuant to Torrens Case Nos. 5553-5580. Torrens property - Certificate of Title No. 644605. ENCUMBRANCES: Subject to unpaid real estate taxes due and payable in the year 1955. Subject to drainage and utility easemen.s as shown on the plat of Colorado Springs, 10 feet in width along the Northeasterly and Southeasterly line of said property; 5 feet in width along the Northwesterly line of said property and 20 feet in Width over a portion of Lake Shore Averue vacated. Subject to easement rade by Charles D. Fist an, Aadeline Wilk Fist, husband and wife, to the Village of Orono, a Minnesota municipal corporation, dated September 21, 1966 and filed January 120, 1967 as Document No. 867983. Subject to easement made by Charles D. Fist and Madeline Wilk Fist, husband and wife, to the Village of Ororo dated September 21, 1966 and filed January 20, 1967 and Document No. 867987. Subject to easement over the Westerly 45 feet of the Easterly 310 feet of the Northerly 10 feet of Lot 2, Block 1, Colorado Springs for use as a patio and for steps providing access to an egress from such patio made by James H. Lear and Bonnie L. Lear, husband and wife, to Michael John Noel and Beverly Graves Noel, as joint tenants, dated January 12, 1984 and filed :anuary 23, 1984, as Document No. 1564103. '2 .� :JTY U't-' U;-A0 To: P fining Commission From: Je.inne A. Mabusth, Zoninq Admini strator Date: July 10, 1985 Subject: #944 Jim Lear, 3127 Casco Circle - After -the -Fact Variance Zoning; District - LR- lC Pertinent Ordinances Amended 1/28/85 Section 10.03, Subdivision 15 (C) C. Fences which do not exceed 3 1./2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill. is required, the total combined height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a di stance of not less than two feet from any lot l i ne. Application a) Variance to allow fence height allowed = 3'5" proposed = 6' variance = 2'5" or 42% b) Street setback variance f-r 6' high privacy fence allowed = 30' proposed 2' variance = 28' or 93w List of Exhibits Exhibit A - Application Exhibit B - Property Owner List Exhibit C - Plat Map Exhibit D - Topographic/Landscaping Plai. The applicant has installed a 6 foot high privacy fence in the Street yard of his lik-0 ore home. The fence has been installed with a permanent foundat i(:r and pears to function as an inteqral part of the landscapinrl for tht, trt•ct ,ard. The fence has been placed approximately 2 feet in from xlge -f st:eet right-of-way, running parallel to the road for distance of 48 feet. The location of the fence creates no vision problem or safety hazards fot adjacent property owners. The applicant's representative ad- vises that the trees or shrubs that. existed in the street yard created more hazards or vision problems. The: applicant calls attention to the many qa or accessory struc- tures on Casco Point Road th • have been plac-et. lose to the street right-of-way as the fence. ra:.co Circle is not considered a major thoroughfare and the only fence al lowed pei code at the 4' - t • .ack is 3 1/21. Zoning File #944 July 10, 1985 Page 2 The applicant asks you to consider approving the height and setback variance application for a 61x48' privacy fence located 2 feet from street right-of-way based on the following findings: 1. The current landscape project has already removed the trees and shrubs that created viewing and possible hazards to public safety. 2. The street yard fence is an integral part of landscaping plan. 3. The fence or accessory structure location appears to be consistant with setbacks of existing accessory structures along Casco Point Road and Casco Circle. To: Mayor Butler, Mark E. Bernhardson, City Administrator Orono Council Members From: Jeanne A. Mabusth, Zoning Administrator Date: July 10, 1985 Subject: #944 Jim Lear, 3127 Casco Circle - After -the -Fact Variance Zoning District - LR-lC Pertinent Ordinan, s Amended 1/28/o5 Section 10.03, Subdivision 15 (C) C. Fences which do not exceed 3 1/2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a maior thor- ou hfare, if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Application a) Variance to allow fence i,eight allowed = 3'5" proposed = 6' variance = 2'5" or 42P, b) Street setback variance allowed = 30' proposed = 2' variance = 28' or 93% for 6' high privacy fence Planning ComJission Action - Split Vote 2 to 2 List of Exhibits Exhibi' A - Npplication Exhibit B - Prc ty Owner I,ist Exhibit C - P1, > Exhibit D - Tol� nic/Landscaping Plan Exhibit E - Lear Letter Dated 8/2/85 Exhibit F - Planning Commission Minutes 7/15/85 The applicant has installed a 6 foot high privacy fence in the street yard of his lakeshore home. The fence has been in- stalled with a permanent foundation and appears to function as an integral part of the recent landscaping improvements for the street yard. The fence has been placed approximately 2 feet in from edge of street right-of-way, running parallel to the road for distance of 40 feet. The location of the fence creates no vision problem or safety hazards for adjacent property owners. Zoning File #944 July 10, 1985 Page 2 The applicant advises that the trees or shrubs that existed in the street yard created more hazards or vision problems. The applicant calls attention to the many garages or accessory structures on Casco Point Road that have been placed as close to the street right• -of -way as the fence. Casco Circle is not considered a major thoroughfare and the only fence allowed per code at the 2' setback is 3 1/2'. Please review the applicant's letter (Exhibit E) that summarizes his position in light of the split 2 to 2 vote at the Planning Commission meeting. Planning Commission members that voted to deny the variance found the hardship claimed by the applicant to be inadequate. Planning Commission members that voted in support of the variance request found the following hardships claimed by the applicant to be acceptable: 1. The current landscape project has already removed the trees and shrubs that created viewing and possible hazards to public safety. 2. The street yard fence is an integral part of landscaping plan. 3. The fence or accessory structure location appeOrs to be consistant with setbacks of existing accessory st:uctures along Casco Point Road and Casco Circle. 4. Provides a deterent to children or pets from running into the street. 5. Deters vandalism along street right-of-way of Cisco Point Road. Council Action To give conceptual direction to staff to prepare a resolution of denial or approval for the ."aqust 26th meeting. .f MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 21 #943 JOHN i SUSAN PURDY Chairman Kelley reported that some additional building is being allowed within the 0-75' zone. The hardship being the lake on both sides of the property, the configuation of the land and the steep slopes. Assistant Zoning Administrator Gaffron noted the 1 year expiration date for the variance. Also, this application will be taken to the July 22nd Council meeting to speed up the process. Chairman Kelly declared the expiration date still is one year. The applicants, after one year, may come and reapply for the variance. Goetten stated that the applicants are to be put on notice that they are at the maximum allowed hardcover on their property. #944 JAMBS LSAR Motion, Ayes (4), Nays (0). 3127 CASCO CIRCLE VARIANCE PUBLIC HEARING 11:05 - 11:20 PM James bear was present. Robert A. Swanson, the landscaper, was also present. Zoning Administrator Mabusth noted the certificate of mailing and the affidavit of publication. No one was present from the public for this application. Zoning Administrator Mabusth explained to the applicant that the proposed setback from the road to the fence is actually 2' from the road right-of- way, not 15' as the applicant had thought. The applicant has installed a 6 foot high privacy fence in the street yard of his lakeshore home. The fence has been installed with a permanent foundation and appears to function as an integral part of the lakescaping for the street yard. The fence actually creates no hazards - the trees that were there before were much more hazardous. Lear stated that the fence was basically put there for landscaping reasons. The fence is only 40' wide instead of 48' wide. It covers less than half of the frontage of the property. Chairman Kelley stated that he found it very diffi- cult to leave the fence in the present locat"on because of the height of the fence, the neighbor- hood doesn't have a lot of fencing, and how far it is back from the street. The fence should be in I MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 15, 1985. PAGE 22 #944 JIM LEAR full compliance with the ordinances. Lear noted for the record that the park across the street is deteriorating the neighborhood because it is so overgrown, the trees are dying of dutch elm disease, and there is garbage lying around. The fence was placed on this property to enhance the area. The fence doesn't block anyone's view. Also, the sprinkler system pipes are under the fence and would be quite costly to replace else- where. Goetten moved, McDonald seconded to recommend approval for the height and setback variance application for a 61x40' privacy fence located 2 feet from street right-of-way for James Lear based on the following findings: 1. The current landscape project has already removed the tres and shrubs that created viewing and possible hazards to public safety. 2. The street yard :ence is an integral part of landscaping plan. 3. The fence or accessory structure location appears to be consistant with setbacks of existing accessory structures along Casco Point Road and Casco Circle. 4. The fence does not block anyone's view. Condition of the approval: No furti,er construction of any wood structure is to be put up along the tight -of -way. Motion, Ayes (2), Nay (2). Kelley and Taylor voted nay. Chairman Kelley noted that he feels there are not enough hardships for the application to receive an approval for the variance. Taylor agreed with Kelley's findings. Lear explained the they have a security system from Honeywell. Honeywell had advised the Lears that the fence gives the illusion of more protection for the property. Another point is Casco Circle is a dangerous road for children, and the fence helps to keep them off the street. ZONING FILE NO. 944 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 7-16-85 -------------------------------------------------------------------------- TO: COPIES TO: Jim Lear Meadowood Farms 3127 Casco Circle 18305 Hwy. 55 Wayzata, MN 55391 Plymouth, MN 55446 --------------------------------------------------------------------------- TYPE OF APPLICATION: X Variance Conditional Use Permit Subdivision uther ---------------------------- -------------------------------------------- Date of Meeting: 7-15-85 Vote: 2 For 2 Against Planning Commission recommends the following: Approval: As Submitted Approval: Subject to conditions :toted below Denial: For reasons noted below Tabled: For reasons noted below No Action Required NOTES AND SPECIAL CONDITIONS: The Planning Commissions recommendation resulted in a tie vote. If you have any additional information you wish to include in the Council packets for their August 12th meeting, please see that the City is in receipt of that information 10 days before the scheduled Council meeting. --------------------------------------------------------------------------- Applicant's next scheduled meeting is confirmed as: Planning Commission Council August 12, 1985 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire copies of the official Planning Commission minutes, they are avai?able from the City Recorder after review and approval by the Planning Comm ssion. August 2, 1985 James H. Lear 4 Zoning file no 344 Variance application for 6' X 40' redwood fence Business requirements did not allow one the necessary time to prepare ad- ditional information for the council packet in the manner I had planned. However, I would like to present the following information and encourage the council to consider them in reaching their decision. 1) In late June or early July an Orono patrol car was parked on Casco Point Road in such a way so to detect speeding vehicles going either way. 2) A counter box and cable was installed on the surface of Casco Point Road at about the same time as item li 1. 3) On three (3) separate occasions, the last time being Saturday July 27, 1985, I was out by the road frontage of our property for a reasonable period of time. The vast majority of vehicles sped by so quickly that I could not take down the license plate number. Most were traveling south and in some cases were Casco Point resi- dents. 4) The previous owner of 3125 Casco Circle (Noel) had one of their dogs struck and killed by a speeding vehicle two (2) years ago. 5) Having four (4) children of our own and numerous friends of theirs at our house , the fence would deter children from running into the street after a pet, a ball or while playing a game. The grass area between the house and fence will serve as the children's main area for playing games such as soccer, baseball and kickball. 6) The planning commission told me that although a 6' fence that close to the road is not allowed, a 6' plant hedge is. I don't understand the inconsistency as far as a 6' barrier. 7) To justify a fence 6' tall that close to the road requires a hardship; why is installing a 3' high fence not classified a hardship 8) The proposed fence partially blocks the unsightliness of the park across the street, preventing its appearance from reducing the value of our home. 9) Vandals did damage to our front entrance on Monday night Jiily 29. 1985 along with other homeowners on both the circle and point. Oir damage included: the mail box/planter was overturned with the wood chipped and cracked, flowers were broken and flattened, limbs of shrubs and bushes were bent or broken, mud and some rocks were thr%wn against the fence. A verbal report was filed with Officer Griffiths of the Orono Police Department on the morning of July 30, 1985. Tuesday night (July 30, 1985) vandals returned and did damage to other residents in the neighborhood. Page 2 9) Four additional points: a) Our front entrance had received vandal damage on two (2) pre- vious occasions. b) The point has received countless "hits" by vandals over the years and it is expected to continue. c) The police said there is really nothing that they can do other than increase patrols in the area; all neighbors can do is to get a license number. d) One neighbor from Casco Point Road told my wife last week that the husband remained hidden in their bushes for an entire night in the hope of catching or identifying the vandals. 10) Pictures have been taken of fences, buildings, power poles and parked automobiles along Casco Point Road that either come up to the road service or close (Photos will be delivered as soon as they are developed). Based on the points listed above, I ask that we be granted the fence variance because it: 1) Provides a deterrent to children or pets from running into the street. 2) Deters vandals fror extending; their repeated damage down as far as the house and lamp posts. 3) Blacks having to view the unkept park. Thank you. ZONING FILE 944 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 8/16/85 ----------------------------------------------------------------- TO: James Lear COPIES TO: 3127 Casco Circle Wayzata, MN 55391 TYPE OF APPLICATION: XXX Variance ------------------------------------------------------------- Date of Meeting: 8/12/85 Vote: 3 For Against COUNCIL ACTION - NOTION: To conceptually deny your variance application seFking a height and street setback variance for a privacy fence and directed staff to prepare a resolution of denial for action at their August 26th meeting. You will be sent a copy of the resolution for your review and correction prior to the scheduled meeting. If you desire copies of the official Council minutes, they are available from the City Recorder of City Clerk after review and approval by the City Council. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 18 3 9 A RESOLUTION DENYING AN AFTER -TIE -PACT VARIANCE TO M MICIPAL ZONING CODE SEC-1I0111 10.03, SUBDIVISION 15 (C) AS AKL DED JANUARY 28, 1985 FILE #944 WHEREAS, James H. Lear (hereinafter "the applicant") is the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Colorado Springs (hereinafter "property"); ar3 WHEREAS, the applicant h: s applied to the City for an after -the -fact variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) as amended January 28, 1985 to permit a six foot high privacy fence that runs parallel with the rear/street lot line for a distance of forty feet located approximately two feet off the right of way of Casco Circle where only a three and a half foot high fence is al lowed; and WHEREAS, the City Council of Orono (hereinafter "Council") `as reviewed the findings of the Planning Commission and the City staff and the written and oral comments of the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the after -the -fact variance appli- cation of James H. Lear based on one or more of the following findings: FINDINGS 1. This application was reviewed as Zoning File 0944. 2. The property is located in the LR-1C Single Family Lakeshore Residen*ial Zoning District. 3. The applicant claims that the 6 foot high privacy fence is needed to deter children from running into the street "after a pet, a ball or while playing a game". In con- sideration of the sloping topography within the rear yard of the property, a 3 112 foot high fence would serve as a deterrent.. Page 1 of 3 city of oR,oNo RESOLUTION OF THE CITY COUNCIL NO. 1839 4. The applicant claims a 6 foot high privacy fence is needed to block the view of the "unkept" park across the street from his property. The Casco Circle Park was deeded to the City of Orono with specific direction that the park be maintained in a natural state. The park exists today as it did when the applicant purchased the property. 5. The applicant claims the fence provides to protection for his home and surrounding improvements from vandalism. A forty loot length fence along the street lot line does not -ffer protection for a residence but may, in fact, serve to hide vandals from the view of adjacent neighbors and the police. 6. A forty foot length fence does not provide security. The fence is an integral part of the landscaping plan and ornamental in function and use. 7. The applicant has been advised that ho may trim 2 1/2 feet off the height of the existing fence and maintain a legal 3 1/2 foot high fence, two feet off the road right-of- way but has refused to comply. B. The applicant has been advised that he may move the fence 30 feet from the street/rear lot line and maintain the fence at the six foot height but he F•.is refused to comply. 9. Per Section 10.07, Subdivision 6 of the Municipal Zoning Code. "It is unlawful for any person to hereafter erect or structurally alter a structure until a building permit shall have been issued indicating that the existing or proposed structure and the use of the land comply with this Zoninq Chapter." The applicant's contractor failed to obtain the required building permit and as a result was never advised of the zoning standards for fence construction. 10. The plight of tho applicant is due to circumstances created by the applicant or agents of applicant. 11. If variances are granted to permit a new fence 6 feet in height, two feet off the road right-of-way, such action would establish a negative precedent in the review of similar applications. Page 7 of 3 City of OR ONO RESOLUTION OF THE CITY COUNCI- NO. 1 H 19 FURTHERMORE, BE IT RESOLVED that the Council hereby denies the after -the -fact variance application of James H. Lear as proposed subject to the condition that the applicant must remove or make the necessary alterations to the existing privacy fence in order to bring the structure into comp --ce with the zoing code by September 30, 1985. Violation of n-compliance with this condition of denial shall constitute c� violation of the zoning code and shall be punishable as a misdemeanor. Adopted by the Orono City Council on this 26th day of Augu 1985. ATT T: thy M. lin, City Clerk r Mary C. Bu ler, Mayor MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 26, 1985. PAGE 5 #930 SHAVER/TEARSE continued It was moved by Councilmember Adams, seconded by Mayor Butler, to table this matter until the September 9th Council meeting. Motion, Ayes (3), Nays (0). #932 WARD EDWARDS* 2474 CARMAN STREET VARIANCE RESOLUTION #1838 It was m<,ved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1838 as drafted granting a variance. Motion, Ayes (3), Nays (0). #942 ARTNUR FINKELSTEIN* 1740 SHADYMOOD ROAD VARIANCE RESOLUTION #1813 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1813 as drafted granting a variance. Motion, Ayes (3), Nays (0). ('19 4 i) JAMES LEAR * 3127 CASCO CIRCLE VARIANCE DENIAL RESOLUTION #1839 It was moved by Mayor Butler, seconded by Councilmember Adams, to adopt Resolution #1839 as draftee denying an after - the -fact. variance. Mc*;-n. Ayes (3), Nays (0). #949 GERALD ANDERSON/RAGE CONSTRUCTION 4495 NORTH SHORE DRIVE VARIANCE RESOLUTION # 18 4 0 Mr. Gerald An.!erscn wa not present for this matter. City Administrator Bernhardson explained the application for a variance of the average lakeshore setback. Bernhardson stated that staff recommends approval of the variance noting Condition #2 in the new drafted resolution which states that the deck can never be enclosed. .toning Administrator Mabusth stated that the Planning Commission unanimously recommended approval of the variance. Mabusth rioted that neither adjacent neighbor attended the public hearing to object to the variance. Councilmember Frahm suggested that in the futu-e neighbors submit written approval. it was moved by Councilmember Frahm, seconded by Councilmember Adams, to adopt amended Resolution 01840 approving the variance. Motion, Ayes (3), Nays (0). ZONING FILE NO. Z44 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 56 Crystal Bay, MN 55323 473-7357 Date of Notice 8,128/85 ----------------------------------------------------------------- TO: J. Lear COPIES TO: 3127 Casco Circle Wayzata, MN 55391 ----------------------------------------------------------------- TYPE OF APPLICATION: XXX Variance --------------------------------------------------------------- Date of Meeting: 8/26/85 Vote: 3 For Against COUNCIL ACTION - NOTION: Council voted to deny your after -the -fact variance application based on the findings set forth in the enclosed resolution. You have been given until September 30, 1.985 to bring the struct.re into conformance with the appropriate ordinances. Please contact me if I can be of any assistance or answer any further questions you may have concerning this matter. cc: Tom Jacobs, Senior Building Inspector ----------------------------------------------------------------- Deadline Date September 30, 1985 for work to be completed. If you desire copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. CITYof ORONO Poet Office &A 66*Crystal Bay, Minnesota 56,3230 Municipal Offices On the North Shore of Lake Minnetonka October 11, 1985 Jim Lear 3127 Casco Circle Wayzata, MN 55391 Dear Mr. Lear: According to orr records you were issued a land use application sign with your zoning application 4944 for placement on the property. A deposit of $40 was required at that time. This money will be refunded to you upon return of the sign in good condition to the City office. Our hours are 8:00 a.m. to 4:30 p.m. Monday thru Friday. If the sign has been lost or stolen please notify our office (473-7357). Regards, !!11 Teri Naab, Secretary St 11 UI%G • LONINI. 471 ; 337 • ADNNI%ISlkAIIf�%& FI%AV('t 4737158 • Pt B1H WORKS - 47).71i1 AW SSING TO: Finance Department FROM: Buil ing and Zoning Department DATE: / SUBJECT: Refund of Zoning Sign Deposit, Applicati 1 Please refund the $40 sign deposit for the above -referenced application. The sign has been returned in good condition. Original receipt no. / -7 y 73 _Dated Please mail check to: Name Q.(/ Address 41r_9 % AD s-s39 / The sign was damaged when returned. PieaseLrefund only t,[y the amount listed: $ ID16,00 Signature_ �'Q _ Date / Building and Zoning Dej tment