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Home My WebLink AboutProject PacketCITY OP ORONO GENERAL LAND USE APPLICATION --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 3129 Casco Circle ;:IT;' OF OR E OFFICE Property Identification Number (P.I.D.) 38 20-117-23 3 00 GE,V A0:.X Please check c,..e - Is the property ��_ abstract orer (for Conditional Use "-olications only) '�- #0,197: O C401 TrJ! i• 5 SG Please attach legal ..ascription to application if not include+�-`e�Sl required survey. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLICANT c �� Phone (home) 471-7987 4 Name Charles R. Jane=> Phone (work) 472-7324 Address 2601 Casco Point Road City -LICI-Mo Zip 55391 --------------------------------------------------- ----------------------- OWMM (if different than applicant) Phone (home) :71 9788 Name Peter M. Dougall Phone 333-0568 Address 3129 Casco Circle City Orono zip55391 Date Property Acquired 1957 (month/year) I (do) (do not) also own^the adjacent parcels of land. one owned one not --------------------------------------------------------------------------- PEEB - CONDITIONAL USE PERMITS ;100.00 a) Resiaential accessory Use $150.00 b) Institutional (church, school, etc.) $150.00 c) Duplex Credit/Bldg $250.00 d) Commercial/Industrial Use $200.00 f) Land Alteration Grading and filling - 101 cu. yd. or more Seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule or APPLICATIONS $150.00 Commercial Site Plan Review (+ consultant fees) $250.00 Vacation $150.00 Easement Vacation i 50.00 Easement Vacation with Subdivision $250.00 Rezoning $200.00 Appeals Other - see fee schedule PRHSENT USE OF PROPERTY Present Zoning District R-1 Present Use of Property X Residential Other (specify)_ --------------------------------------------------------------------------- o'DESCRIPTION OF REQUEST Describe request in detail: See attached REQUIRED SUBMITTALS 1. Completed Application Form. 2. Certified 1roperty Owners List of owners within 350' (you can obtair this list from Hennepin County Department of Finance A-603 Government Cernter 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. 5. Construction plan, if applicable. 6. Plat Map. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. --------------------------------------------------------------------------- Certification by Zoning Department that Land Jse Application is complete. Zoning Officials Signature 1':ate --------------------------------- •-------------------- ------------------ APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information suppli d is true d correct to the best of his/her knowledge. Applicant's signature Date q ' o q- b1 OMMiR8 SIGNATURN The owner hereby acknowledges a agrees to this application and further authorised reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and ver icaticr o is request. G Ow r /i We Date ners signature �� _`"-� -----------------------------------Gc-G------------- --- -- ----- 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. Appl icant s must be present at a I I schedu I ed review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrangements to have an authorised agent attend in your place and to advise the Wilding i Zoning Office of this change prior to the meeting. ! DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or lti,ense regires counL action to approve, some infor-T-at.►on may become public. 5. You have certaan rights under, 15 '165 to review private data on yourself. 6. Your full name, and date of birth are required to process this applic&tion or permit. Charles First Middle Last 18u 1 Casco Point Address Wayzata, MN 55_391 11-22-50 Nate of birth(does not apply to building/general permits) 171-7987 Phone I OQgeOtgnd pq(righRs as stated above. X Request is to remove and replace existing guest house and tool shed with a new structure with the intention of eventually subdividing parcel int three buildable lots. The width of the present parcel is well over 200 feet at th, proposed building site making it appropriate for subdivision. There is also enough lakeshore to give two of the buildable lots lakeshore of 100 feet. Reason for request for conditional use permi instead of subdivision of the present time is that applicants grandfather, Peter Dougall, is occupying the main house on the lot and would like to have relatives close by. Peter Dougall does not plan to rebuild on his lot at the present time.. -63 X- -, 6 r�17 V P'JN DATE 01/ 16/87 t CAT-4 0.., 38 20-117-23 34 0005 ® PAOP AMW 03095 CASCO POINT RD C:atIER NAME CURT'S J ENGLtXa ETAL TAYPAYEP CURTIS J INGL RID NAM /ADOR 3095 CASCO POINT RD WAYZATA MN 55391 38 20-117-2) 34 0008 poop AMR 03129 CASCO CIR c-Illy NAME P M DOUSALL ETAL TAiPAYER P M COUGALL NAME /ADM 730 :NO AYE S SUITE SI5 MPLS PIN S5402 38 20-117-23 34 0021 PROP AM 03125 CASCO CIR CT1ER "'ME R G A P A OLULEY TAPPATER W.IALD G A PATRICIA A OUDLEY HA:IE/AIIOR 31ZS CASCO CIR LE SO OR011O tN S5'r�1 36 20-117-23 43 0024 rvf)P ODOR 03185 CASCO CIR Ot::T R R I ME L I N L PERSON !A:>PAYER TNCMtAS A GPEEN NA•"T/AOO11 316S CASCO CIRCLE WAYZATA MI 55391 38 20-117-23 43 0027 PROP eODR 0515% CASCO CIA t:1rE W i T LLtffi51.vtOt1 TA.PAVIP WAYNE I1 THERESA LL!l1D5TROM HWI/AOvR 3155 CASCO CIR ORC10 MI S5391 38 20-117-23 43 0038 PROP Aim 03113 CASCO CIA O.:IER NJ* CEMIIS i LAURA SULLIVAN TA PAYER CiNNTS i LAUIRA SULLIVAN "AM[/ACOR 3131 CASCO CIRCLE DRIVE WAYZATA MN SS391 NENIEPIN caumTY P'POPERTY IMFORrtATION SYSTEM PROPERTY OWNERS LIST 38 20-117-.23 34 OCO6 03105 CASCO POIt:T RD J A S STEN Jr"4 P i SAR11E STEN 3105 CASCO .UItT ROAD kArZATA MN 55391 38 20-117-23 34 0010 03085 CASCO POINT RD GLORIA D DOTZENROTH JCKJH SWEDLL,IO 3085 CASCO PT RD WAYZATA MN SS391 38 20-117-23 34 0022 03127 CASCO CIR J HOUARO A 0 HOW4170 JAKTS i DCte1A HC::'a0 63127 CASCO CIR WAYZATA Ml 55391 38 20-117-23 43 0025 G3165 CASCO CIR LYt3l L PERSON THCMAS A G'?EEN 3185 CASCO CIRCLE ORONO MN 55391 38 20-117-23 43 0026 03145 CASCO CIR MICHAEL F i MARY C BUTLER MICHAEL F BUTLER 3145 CASCO CIRCLE WAYZATA Ml 55391 38 20-117-23 43 f031 THE CASCO CO THE CA!,CO COMPANY ROBERT 0 MAChIE 3135 CASCO TTR WAYZATA MN SS391 REPORT NO. PI435401 PAGE 12 38 20-117-23 34 0007 03131 CASCO CIR DEAtl,E L HUSEBY DEAt1t:E L H',FEBY 3131 CASCO POINT CIR WAYZATA Mi 55391 38 26-117-23 0017 03091 CASCO JItf RD VERN 3 WATERS ETAL TODD V WATERS AIM DORIS J MOLITOR-HATERS 3061 CASCO POINT RD WAYZATA M4 55391 38 20-117-23 43 00,3 03195 CA',CO CIR POSERT M i JLr)ITH 6 BOYLAN PC"_ERT M BOYLAN 3195 CASCO CIRCLE WAYZATA MJ 55391 38 20-117-23 43 0026 03165 CASCO CIR HEF@CRT J SUERTH ETAL HEf CFPT J :'JERili 3105 CASCO CIRCLE WAiZATA MN 55391 38 20-117-23 43 0029 03135 CASCO CIR ROLAflD C Atu2)SQl ROLAtM C AMPIDSON 1350 GAIN T= R MPLS t41 55402 38 20-117-23 43 0048 03305 CASCO CIR ECKARD MUENCK i WIFE ECYAPO ttPEIXK 3305 CASCO CIRCLE WAYZATA t44 55391 1, PL34 DATE 09/ 16/07 pI.TCH QC6 is TO-117-t1 43 0049 PROP AOOR 03309 CASCO CIR 063JER NA."7I L A J NKr5TAD TA•►AYER LALRENCE L BRUSTAO NAJ".E/ACO/ 3309 CASCO CIRCLE WAYZATA MN S5 391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONJERS LIST TOTAL BATCH 006 00019 REPORT NO. PI435401 PAGE 13 I CERTIFY THAT THE FACTS REPRESENTED ARE AN /.CCU ATE AND TRUE REPPESENTATIO4 OF IHFOPMATIOtJ AS IT APPEAPS THIS DATE ON THE RECORDS OF THE HENNEPIN COVATY DEPARTMENT OF PROPERTY TAXATIoth ?0 THE BEST OF MY V WALEOGE AND BELIEF DATE(%�7ar r inl I •'- 1 (Jli • U tXPiHFt WTURM TO SE MER_j 3a-11T-2S 41 BUJ TNt ,,C ) L UMNA NY R014 1 1; 'HALNIt 51 r, (ASCU Lik W0iATA MNf 55'ti1 I•i.i��l,i• ,Ii�i,i��•.,II1,.,11 CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monday, October 19, 1987, on the matter of reviewing the following land use applications: 1. 11204 Orono Community Church, 770 Old Crystal Bay Road seeks approval of an amended site plan for the church use. 2. 01205 Robert Maxfield , 4175 North Shore Drive seeks lot area and width renewal variances to construct new residence. 3. 11206 Katherine C. Perry, 2693 Kelly Avenue seeks hardcover and side setback variances to construct screened porch and three level deck. 4. 01207 Gene i Catherine Scanlon, 2815 Casco Point Road seek hardcover and lakeshore setback variances to allow the rebuilding of a deck. 5. 11206 Michael Saylor, 1990 Spates Avenue seeks side setback variances to allow construction of an enclosed entry to the existing residence. 6. 01209 Tina Whita, 2150 Prospect Avenue seeks a side setback variance to construct a three seasoned porch. 7. #1210 Charles Jones, 3129 Casco Circle seeks a conditional use permit to allow the rebuilding of a non -rental, second residence on the property. 8. 11211 Gerald Neslund, 1225 Orono Oaks Drive seeks a conditional use permit and variance to construct a driveway through a protested wetland to service a future residence. 9. 11213 Rollin Lacy, 2655 North Shore Drive seeks hardcover and side setback variances tc allow construction of an attached garage. 10. 11215 Smith Bay Marina, 1955 Shoreline Drive seeks a conditional use permit to allow installation of a sea wall. 11. 11216 Clark Winslow, 1595 Bohn's Point Road seeks a conditional use permit to allow the dredging of a pond designated as a protected wetland. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. Dy: Planning Commission Jean A. Ma ust , Buil ng s Zoning Administrator To be published the week of October S, 1967. Gtr OF O1WW NO Tft �� oWn�� Men we " WAhC ttswst 1r1M0ofeto�t7felMt►•147611s1M aroow flu/ an Mwdor. CMw W 1 W?' an I so W&Ow of revow" on rw..• trd �.. 1 0PO. CM.�.r+ry OM Ift reed Igor& appwo of an wawW- ad oft pion tu Woo On1MOft ors It low Mort k%~ It S MGM t>wo OM rw M ! IM +rt ronood U�r1f�111 to orrohuot now rNfoww 3 1NO 1NM1wrw C f^r, MO RM Mrs w rotor 11lrcow old "a ottt mit nAA twM IY Ownw.0 Woo rM perch fold We" a" 0111011 4 1307 owe a coww" ONOW b,s Me Peon RtM odor M MW Ms WWWWo goestr wrwo 10 OW Me rd1/0Is at e 4111141111 a 1an6fth"snow.1101/MooAV~ "No own ttefrfl wtorcw to M OMMMC- am of M w1M1W •root to Mo O ftwo too was • 1 ate tlr Me. ! 190 rwnroet AV~ ssslr s fM was* wtMN is 6000"" a >' 1810 aflr• .lorw. itsa 000e 0►et� rMo • owWmww ueo p~ to Ma We Now" of o "W"W d. no" moon&& on fb rarrty • t z 11 oww "good, I M Orwo On" Mra Oeefa a t mWWO rw OM1r0 WA rM• Onn"nrel O OMNW Mratp a Pm"a- M eier 11 to wrings a WOO aforrtme • t:a 11.rt �. flaaa qwM a1r.. attr. mom NOMw ad olio "an* •&nisi M M NMlnarfrf w to tlta ainw O•r #A~ 1 al1w..» a" a N NSWId dr Prod to Mr W tAfaOM M e so WO 11 90,14 Mr r1111111W row •rtn's PON frO r1r s M1r1111011111♦ 9111e OrOi Is iir Ms I on" • frfd Mlw.br .. o peMMstt oMd M tlrsrw now to M $hint as Msr M nfr o Tor r1Mr 00M e 7 OO s w wta Wa anomwtts w etaaea- pftwma ow f ? qww w we df1 dpew srntrlf ~ ~o~ tuellr A MM, am" .d to" *AMMirrw ,Otawmr.r the Low ord wn.. an Ow a. 1n?) Off - r W7 AHidovit o/ PubMeatlon 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 TAKER, Mound. Min- nesota, and has full knowledge of the facts which are Stated below A ) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper as provided by Miimsota Statute 331 A 02, 331 A 07, and other applicable laws as amended B ) The printed %2>.-r4 �i L�G�i- which is attached was cut from the umns of said newspaper. anq was printed and pubttshed rince each week for ! successive weeks It was first published Monday, the _, day of and was thereafter panted and putNshed every Monday, to and including Monday. the day of 1 19 Authorized Agent `'.Ljbscnbed and sworn to ftte on this S (Ily of mU Ely l� L ary Pub+rc K. l ;. ARE "H CANW.11 COWTY tlwa.rtr ism= r I► 1M 1sa4r% +11 ( ' .est i lacsrfted rate rmod by cam--(W .use+>'cM �ptrtprNl t-•+a space tit 61 pie• ncn 12' Mar�nNMr' ' ds aMorttad br iow to �e 'r1etlM N s�s arr ax n (31 Fiat& octuafty ctyr9ad tc" aerow wwltw $4 51 5M rich Each adbncxtN st cass-Y* wea■ S 4 03 Pw anon CER?IVICA?E OF KRILIBIG STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Jamie Bosnia, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1210, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of October, 1987. J m e Bosnia IN LOTS 48-5I 8 58 -61, SPRING PARK f.w .dam w � n 60 . •�� ;. a� f lblow . , l) Ladawa�k s1 — f `f' �►' e.... t 'rt'fty wsoh � , 1 �`C ♦19 S9 �� r roIi r: M's I hereby certify that this is s true vnd correct renreagntiticr, r.f n rurvev of the boundaries of: ,'ar 1: .s is ..9, 51:, 51>, anh 5C, s cart -f 6nt-- :1 ami 58, a part of vara•..d,&Ke Shore wve'.ue, :r.ci a cart cl a tmet o!' lams lyine between .� the :esterl;: lir,, :,nkw ,^,here Avwnue, v•a-stec, and the shore line of Dice MAW& � Vinnetenka, all in Sarin; PurK, iceordirb tr: the rw vrdea plat therec. , and all dascribnz as folLous: %,:1rnin,• at Ui.e sdd-point of the easterly line e:' naio ;. t 58, w^iet, aoint it park*: by a j-.idielsl Landrr,rk set pursuant to torrens ease nu:�,er 5;•,;; V-.enre .^sterty, :xssW trr,)6& tha -ri i-,join• cf sai-- a3t 51. to the snore Line of ak.- Ninne- :ir.• M4'e :HTwkl1 by a !uoirial Innaaric sPt pursuur.t tU 4arer:r cu*- r.u--t>er 5'9j. distant LWA feet wn-qtwrly To$ Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frosts Jeanne A. Mabusth, Building i Zoning Administrator Date: October 13, 1987 Subject: 41210 Charles Jones, 3129 Casco Circle - Conditional Use Permit - Public Heat Pertinent Ordinanees/Variances - 1. Section 10.22, Subdivision 1 - Lakes:,,,re Setback Regulations - amended July 14, 1986 B. No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. Average Lake Setback - Allowed =01 Proposed 48' 2. Section 10.20, Subdivision 3 (G) - Guest houses G. i) Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying quest. All regular lot requirements shall be net by the guest house. Lot width - Required = 100' Proposed = 60' Variance = 40' or 43% 3. Section 10.25, Subdivision 6 (B) - Lot Requirements. Pertinent Facts - Zoning D strict - LR-1C Total Area = 2.47 acres Zoning File i1210 October 13, 1987 Page .' of 4 Hardcover - 0- 5' Area = 27,900 s.f. Allowed 0 s.f. Existing = 344 s.f. or 1.2% Proposed 0 s.f. 75-250' Area - 50,000 s.f. Allowed 12,500 s.f. or 25% Existing 3,501 s.f. or 71 Proposed 4,951 s.f. or 9.91 No Variance Required 250-500' Area = 29,880 s.f. Allowed 8,964 s.f. or 301 Existing = 1,740 s.f. or 5.81 Proposed 2,940 s.f. or 9.8% No Variance Required Pertisoat Issues - (2,536 s.f. remaining; 2,415 s.f. new) 1. The applicar, seeks approval of multiple variances with the current con&.t.icic-..: use permit application for a guest house and/cr a proposed future �-. b�.:i vision. 2. The applicant contends that a tennis court with awnings along the fencing creates a lakeview obstacle for adjacent residence structures but that the City's ordinances do not take existing accessory structures under consideration when determining average lakeshore setback lines. List of fthibits Exhibit A - Application Exhibit B - Applicant's Addendum Exhibit C - Property Owners List Exhibit D - Plat Map Exhibit E - Staff Sketch Exhibit F - Surveyor's Sketch Zoning File #1210 October 13, 1987 Page 3 of 4 Discussion - The applicant seeks a conditional use permit to allow the construction of a guest house, non -rental unit on his grandfather's homestead (Peter M. Dougall) totaling over two acres in area. Mr. Dougall would like his grandson near him (close by); review applicant's addendum. The property is located in the LR-lC zoning district requiring 4 acre in area. Per Section 10.20, Subdivision 3 (G), in selecting a site for a guest house, the structure must meet all lot requirements. In other words, if the property was to be divided in the future, a lot could be created that would satisfy all LR-IC standards - lot width of 100 feet; lot area of h acre, side setback of 10 feet, rear setback of 30 feet. The lakeshore setback is governed by the minimum 75 feet setback and the average lakeshore setback determined by existing residence buildings. The applicant has presented a proposed 3 lot division of the property. Lot 2 is severely restricted by the location of the adjacent residence structure on the lot to the immediate north. If the house was to be moved closer to the lake where the lot line has been aligned to a 100 feet width, the average lakeshore setback variance would be even more excessive. Note that the new guest house has been placed along the same front line setback as the existing guest house/cabin. There is no record of a conditional use permit ever being issued for the existing guest cabin. Staff has discussed the dilema of the average lakeshore setback line with the applicant. He has been advised that proposed Lot 1 would be a simple, quick remedy to the F•tback problem as the house would be located far out of the lake view line. Jones advises that when the property ownership changes, a 3 lot division is inevitable. His grandfather's house is in excellent condition and would most likely not be rebuilt. The obvious conforming building pad for proposed Lot 2 is closer to the lake. He asks that the City consider the issue of the average lakeshore setback with the current application. He proposes the guest house no closer than the existing cabin but at that location the future lot cannot meet the required 100 feet width because of the proximity of the Dougall residence. Elevations of the proposed house are a necessity in dealing with average lakeshore setback matters. Hopefully, Jones will have these for consideration at your meeting. The neighbor to the north has not submitted anything in writing concering this proposal. The owner's attorney, Bruce Thompson, has visited the office to discuss the application. we have been advised that Mr. Howard is greatly concerned that the proposed house will restict his view of the lake. Staff has noted that the new structure will be 10 feet instead of 6 to 7 feet from the side lot line. Note that retaining wall structures on Howard property encroach the Dougall property along the shared lot line. The elevations are such that a single story residence may have little effect on the lake view windows of the Howard residence but these are concerns that have yet to be addressed by applicant. Zoning File #1210 October 13, 1987 Page 4 of 4 Issues that should be addressed for applicant at this review - 1. Is a conditonal use permit application appropriate? a) Guest t:ouse will be a non -rental unit while ownership remains under Petei Dougall. 2. Should applicant be advised to file a subdivision application? Will you approve a building permit to be issued for new residence as City did for Michael Plank with the resolve of the conditional use permit application? 3. Does the existence of the guest cabin on the property have any bearing on consideration of the average lakeshore setback line? a) The cabin existed when the Lear home (now Howard) was built. b) What if applicant proposed a major non-lakeshore addition to the existing guest cab-,_n? 4. Should the presence of the tennis court, an accessory lakeshore structure, have any bearing on consideration of the average lakeshore setback line? a) The applicant contends that awnings placed along the fencing of the tennis court in the summer months certainly create lake view restictions for guest cabin. b) The tennis court was installed prior to the 1986 amendment of the code that would have included accessory structures under the average lakeshore setback standard. Note accessory structures are placed in relation to existing residence buildings. 5. Applicant should be advised at this review if the Planning Commission under no condition would create a new lakeshore lot and at the same time recommend approval of an average lakeshore setback variance. If this is the case, applicant should be advised to locate new guest house so that it will conform with the average lakeshore setback line and recomend approval of the conditional use permit for the guest house. If the Planning Commission finds the hardships noted by the applicant to be sufficient, the application should be tabled pending information on building elevations and view elevations from Howard residence. OPPENHEIMER WOLFF 6+ PUNNELLY PUJA vll 45 South Seventh titrret Suite MW Minneapolis, M%S54tt: 161:1 144.9.100 TO" 1101605 FAX 161:1144-'>Z76 October 14, 1987 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono PO Box 66 Crystal Bay, MN 55323 Re: Public Hearing No. 1210 Charles Jones 3129 Casco Circle Orono, Minnesota Dear Ms. Mabusth: itrus%ek (. hwaKv Minnrardi. %r% ), rA tit Paul 1WshmgLm. Dl /n\J l i QI *-r 6� I an a partner with the law firm of Oppenheimer Wolff i Donnelly. Our firm represents Mr. James J. Howard, an adjoining landowner to the above described property. Mr. Howard has received notice that there is going to be a public hearing held on October 19, 1987 regarding Mr. Jones' application. Prior to the preparation of this letter on Mr. Howard's behalf I examined the following: 1) ordinance No. 29 of the City of Orono. 2) Orono City ordinance Sections 10.25 and 10.26 LR-iC-1 entitled One Family Lakeshore Residential District. 3) Charles Jones' present application on file with the City of Orono as of October 8, 1987. As to Ordinance No. 29 (second series) I have the following comment. It is quite clear that if a new quest house is to be built under amendment Section 1.G.i., the applicant aba" meet all regular lot rg=irements (emphasis added). Ordinance 10.25 LRiC indicates that the minimum lot width for new construction shall be 100 feet (regular lot requirement) which the applicant clearly does not meet. In examining the application of Mr. Jones and the accompanying documents I note the following: (i) The survey of the entire property is some 20 years old. It would seen prudent to update the survey. I recently encountered a problem in Deephaven when a recent survey indicated that the residence in question was considerably closer to the lakeshore (more than 20 feet) than the survey on record with the City of Deephaven which was approximately 20 years old. There has been substantial erosion 0111NII AWk WOLFF.Se rX )NNT1.1Y No. Jeanne A. Mabusth October 14, 1987 Page 2 on the lakeshore of Minnetonka in the last 20 years. New surveying practices give a better picture of the existing residences in relation to setbacks that are now required by all City ordinances, i.e. setback from the lake, setback from the adjoining lot and from the road. (ii) I could not readily reconcile the old survey with the new survey for lot 47 which contains an outline of the proposed new building. I cannot tell whether the proposed building is In the same location as the present quest house or whether it is further forward. (iii) The application does not contain applicant's calculation of the average setback, but it appears to be clear from the pencil indication on the early survey of the location of Mr. Howard's house that the proposed new building lies substantially forward of the average setback which would be a violation of your present ordinances. (iv) applicant has submitted no elevations as to the new structure which is essential to evaluate the extent to which such proposed structure would impede Mr. Howard's view of the lake. The applicant states he intends a subdivision of the balance of the property in the future. If that be his intention he should be required to indicate the nature of such subdivision at this time. The older house, on lot 46, presents a problem in this regard as it essentially covers the full width of lot 46 and encroaches into lot 45. If Orono allows the present construction the City will no doubt be presented with a claim of hardship in the future as to the subdivision of the balance of the property. As applicant has indicated, the planning commission and council will be faced in the future with a request for dividing the balance of the property into two lakeshore sites, neither of which would satisfy your present ordinances as to lot width. It is clear to me that the applicant is attempting to circumvent the present ordinances of the City of Orono. If he in fact demolishes the present quest house and tool shed, he is faced with the requirement that all new construction faces so far as setbacks and lot width. In addition, the applicant has clearly stated that he intends a subdivision in the future. He should be required now to go through the planning process so that the overall subdivision of the property will meet the City of Orono's ordinances in all respects. OTENHE IMUR W, M ff,,O (* INNEI I Y Ms. Jeanne A. Mabusth October 14, 1987 Page 3 If there is anything further filed by the applicant prior to the hearing date, I will appreciate a call so I can examine same. Yours very truly, Brine F . Thompson i BFT:njb cc: James J . NoWar4r ZONING FILE NO. 1210 CITY OP ORONO NOTICE OF PLANNIFIG COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/28/87 --------------------------------------------------------------------------- TO: Charles Jones COPIES TO: Peter M. f.)ugall 2801 Casco Point Road 3129 Casco Circle Wayzata, MN 55391 Wayzata, MN 55391 TYPE OF APPLICATION: XX Conditional Use Permit ----------------------------------------------------------- DATE OF MEETING: 10/19/87 VOTE: 6 For 0 Against Planning Commission recerends the following: XX Tabled for reasons notes: l elow NOM AM SPNCIAL CONDITIONS: Please advise the City staff how you wish to proceed with your conditional use permit application. The Planning Commission has noted the following findings during the preliminary review: 1. Planning Commission would (',ny average likeshore setback and width variances for proposed location of new resinc,-ce. 2. Applicant may wish to relocate new construction out of average setback line - pleaze submit building elevations with revised submittals. 3. Updated survey should be submitted locating Howard residence (on north) and building line of residence to south of Dougall house - any other information that might be helpful with the future review of the application. MINUTss Of T= PLANNING COMMISSION MEETING HRLD OCTOs 19, 1987 1210 CSARLU Jo11ss 3129 CASCO CIRCLs CO ITIOI" oss PU IT PUBLIC IMARING IzS3-9s12 The Affidavit of Publication and Certificate of Mailing were noted. Zoning Administrator Mabusth explained the request for multiple variances with the current conditional use permit application for a guest house and/or a proposed future subdivision. The guest house would encroach the average lakeshore setback by approximately 481. Charles Jones wks present for this matter and stated he understood the average lakeshore setback however, felt that the adjacent tennis court should be considered when determining the average lakeshore setback because it creates a lakeview obstacle for adjacent residence structures. Regarding a future subdivision, he felt there were two future buildable lots. Staff finds that proposed Lot 2 is severely restricted by the location of the adjacent residence structure on the lot to the immediate north. Planning Commission did not feel that there were two future buildable lots. However, the issue before the Planning Commission at this time is replacing the quest house. Chairman Kelley asked applicant if he was prepared to invest in replacing the quest house with the ki.owledge that a future 3 lot subdivision may be denied. Mr. Jones acknowleged that he is prepared for that possibility. Chairman Kelley recommended approval of replacing the existing quest house within its same footprint with a detached garage if it meets the standards, no attached garage allowed. Johnson felt additional information regarding elevations, type of structure etc. was needed. Hanson noted his concern of dealing with a variance request that would not be appropriate should the property be subdivided. Brown noted his concern with the density on a let with a width problem. 11 • m1VU2 B of TSR PLANNING COMMISSION MEETING ■EIS OCTOBER 19, 1967 #1210 JOMRS CONTINUED Attorney Bruce Thompson was present representing the adjacent neighbor, James Howard of 3127 Casco Point Road. He felt that the application was incomplete finding no elevations, type of structure etc. At this point, they objected to the proposal. In addition, he recommended a newer more accurate survey be done. There were no other comments from the public. It was moved by Chairman Kelley, seconded by Johnson, to recommend denial of the average lakeshore setback and lot width variances as proposed. Charles Jones requested that this application be tabled for additional information. Chairman Kelley withdrew his motion. It was moved by Chairman Kelley, seconded by Johnson, to table this application per applicant's request pending additional information. Notion, Ayes 6, Nays 0. It was noted for applicant that the 6 member Planning Commission strongly disapproved of the proposal based on the density. 1211 GRID ■EtT.{ 122S OM OARS ORM COMITIOML USE PUMLIT/VARIANCE PUBLIC MUNG 9s26-9:24 The Affidavit of Publication and Certificate of Mailing were noted. Dale Hamilton was present representing Gerald Neslund. Also present were the prospecti/a buyers of the property. Assistant Zoning Administrator Gaffron explained the request for a conditional use permit and variance to construct a driveway through a designated wetland to serve vacant lot. He noted that the wetland is actually larger than designated on the map. Staff recommend* approval to allow the proposed driveway location cutting across the shortest route to gain access to the building site. There were no comments from the public regarding this matter and the public hearing was closed. Referring to staff 'a condition i3 which states 'Total width of the corridor taken up by the driveway and fill shall not exceed 35", Dale Hamilton asked that it -be amended to read•... fill shall average 35' ". 12