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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 26, 2015 7:00 o'clock p.m. UBLIC COMMENTS (continued) ·11an noted Mr. Nygard has spoken quite a bit in the past. McMillan stated she woul xtra time. e Mayor stated to the Laker and Pioneer that the Nygards have c sen to be in contempt of court. Nyg tated. he has never chosen to be in contempt of court and the City put him there. The Mayor further ted that they still have not chosen to comply and tha e issue is not so much about disobeying Orono's e but instead is showing complete disregard fo e District Court's determination. Nygard s ed the Mayor made that statement know· the turbine was off his property, the pole had been removed, d that the footing had been rend seless with a jackhammer and a saws-all. Nygard stated he doe ot know how going to that h work is completely disregarding the Court's order and that they are atte · g to cover their b . · ence on this Council. Nygard stated no matter has a very poor idea of what the Mayor's job is. In Nygard stated in his view, as he previously said, this is a weak mayor and a very weak Council that have plenty of their own p. lems but obviously have too m time on their hands. Nygard stated the problem is that Mayor L'fl",LT.LlJLUlll is still being lead around by Fo r Mayor Gabriel Jabbour and that he is still running the Ci . Nygard stated Gabriel Jabbour has been Illil~m the City since he got out of office in 2000, and t if that was not true, City Staff would not be calling · Island Gabe Island and allowing him to it into his own private resort. Nygard sta this is Orono's tax dollars at work and that this is what they spend their · e doing to ..,...,_,,,,ho wants to go green and did comply with the Court's order. Nygard stated ill *7. #lS-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 318S CASCO CIRCLE, VARIANCE -RESOLUTION NO. 6557 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6557, a Resolution Denying a Variance From Orono Municipal Code Section 78-1279, for the property located at 3185 Casco Circle. VOTE: Ayes 4, Nays 0. Page 5 of 23 t p I Item Description: #15-3,ol, Stonewood LLC -Harry & Belle raffe, 3185 Casco Cir The applicant is proposing to construct a new single family home on the property which is substandard in area and width . They are requesting an average lakeshore setback variance in order for a four season porch to encroach lakeward . Lot area and lot width variances are also requested. Since the Planning Commission's review, the applicant has provided revised plans which~!il~ a 6-foot /WM encroachment into the average lakeshore setback, yet no rear setback variance as· dis ~ussed at the Planning a ro (~6Y) D f Commission meeting. The average lakeshore setback encroachment is limited fo the 13' x 16.5' four season porch. There is a proposed patio area on the lakeside of the four season porch; the patio detail has been clarified since the Planning Commission's review. \ \) At the September meeting following the public hearing with public comments, the Commission discussed and ~voted on a motion in favor of approval of the variance as modified -lot area & lot width variances as well as variances allowing a 28.5-foot rear setback and a 6 foot encroachment lakeward of the average lakeshore setback line . This motion failed 3 to 3; no other motion was made. Staff recommends approval of the lot area and lot width variances . If the Council determines there are practical difficulties supporting the average lakeshore setback variance, a motion for approval may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a building permit for the new home. Tonight, Council should consider the Council consider the applicant's revised request including the revised comments from the neighbor and direct staff to draft a resolution reflecting your decision. ~ [?,el le,, 4 '.:jaFee, 10 DlV _ (\l,,U"h-hb()vtPrLeeL ..-SJ-e,,v"'-ei (;t~on -C h vi~ tn,\ 0-1-1.ettr-Ait'.'.J C_C<M td½ttvi ) ::;;r;J J__(--thQ v-e, Cl r7 c~ 'cJJ c{,dPtuic)? . ~;211.,--/ T)Q t1 h j Mf{L5--0 - LDttA V'f A / Wt (JV} kf1'1 Co)Ml9tl!LL P1DS --DM'1 ~ 6l vr~ ~tllk-- Date Application Received: 08/19/1 Date Application Considered as Complete: 08/21/15 120-Day Review Period Expires: 12/19/15 Department Approval: Name: Melanie Curtis l'Y1CC Title: Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: 22 October 2015 Item No. Agenda Section: Planning Item Description: #15-3781, Stonewood LLC., o/b/o Harry & Belle Yaffe, 3185 Casco Cir, Denial Resolution Background: At the October 12, 2015 meeting, the Council heard a variance request for an average lakeshore setback variance in order for a four season porch to encroach lakeward of the setback line as well as lot area and lot width variances. The Council voted 5 to Oto deny the requested average lakeshore setback variance allowing any encroachment. The lot is substandard in area and in width. Typically the Code provision in Section 78-72 regarding a Lot of Record would allow for the property to be redeveloped subject to 25% hardcover as well as conformance with all zoning requirements and setbacks. Because the average lakeshore setback variance was requested, lot width and lot area variances were also required. Because the average lakeshore setback variance was denied at the October 12th meeting, the lot is considered a Lot of Record and no further variances are necessary in order to redevelop the property. Planning Staff Recommendation Staff recommends the Council consider the attached resolution reflecting denial of the average lakeshore setback variance. Please note, redevelopment of this property will still require that the two separate parcels be combined prior to issuance of a building permit for a home crossing the dividing property line. COUNCIL ACTION REQUESTED Council should consider adopting or amending the attached denial resolution. List of Exhibits: Exhibit A. Exhibit B. Draft Resolution Draft Council Minutes 10/12/15 A RESOLUTION DENYING A VARIANCE FROM ORONO MUNICIPAL CODE SECTION 78-1279 FILE NO. 15-3781 Council Exhibit A WHEREAS, Harry Yaffe and Belle Yaf1:e, .a married couple, (hereinafter "Applicants") are the owners of the property located at 31:8~ Casco Circle within the City of Orono (hereinafter "City") and legally described as Lots $$; a:nd the westerly ½ of Lot 34; and All of the land lying between above described property 'and th~ ~hore of Lake Minnetonka on the South, and between the Westerly line of saidlgot 35 and the:Ea~terly line of said Westerly ½ of said lot 34 produced Southerly to said laj{e shore; all in Spring: Park, Hennepin County, Minnesota (hereinafter "the Property"); and · · WHEREAS, the Applicants have made appli~ation to the City for a variance from Orono City Code Section 78-1.279 to permifcoostruplioh of a 7.5 footportion of a new home lakeward of the average lake$lllbre setback line; and · ; ',, :'. :, ' ; WHEREAS, after due,p4bli~ti~R J10tice andr11ailed notice in accordance with Minnesota Statutes and the Orono, Mipnesota, Cit:y Code, th~ Qrono Planning Commission held a public hearing qri ~~pt~mber 21, ijpi15, at vvntch times all persons desiring to be heard concerning this applj~tip~•nNer~:given the qppor:t4nity to SJ)epk thereon; and WH~~~i~, duri~~~,t;le Septe~bf#"21, 2015 Planning Commission meeting, the Applicants requested 'approval .o~;~ n,odified pl~n in response to concerns voiced by the affected n,~ig~~r to mo~ ·the hb>tmt~ J5 feet fµrther from the lake and allow a 6 foot encroq!lt'Jm~nfla'~ar;d of tHe1~verage lal<e~hore setback line and a 1.5 foot encroacment into the 30lfQbt rear setbaclk'; and . . . v)'.''.•;, ' , WHERE~S, iPP Septeint:>er 21, 2015, the Planning Commission voted to recommen·a ;~pproval of the rn9~ified rE:Sq\.,lest for an average lakeshore setback to permit a 6 foot portion df: 'th~ lake side of. the home to encroach lakeward of the average lakeshore setback line and''~J5 foot en~r~achment into the required 30 foot rear setback. This motion failed with a 3 to 3 vote. No additional motions were made. ,, ,,, '' ,,,, WHE~~l$;/J~~1 Applicants presented a further modified application to the City Council at a meeting held on October 12, 2015 for consideration of an average lakeshore setback variance to allow a 6 foot encroachment lakeward of the average lakeshore setback line, no additional encroachments were requested; and Page 1 of3 WHEREAS, the City Council considered this application at two meetings on October 12 and October 26, 2015 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity; and NOW, THEREFORE, BE IT RESOLVED ti,~ttne City Council hereby denies a variance from Orono City Code Section 78-1279 to p~zrmitoonstruction of a home lakeward of the average lakeshore setback line based on the follOWlng fif\CliF'lgs of fact: 1) This application was reviewed as Zoning File #15-3781. 2) The Property is located in the LR-1C zonihg,district, where 0.5 acref(21,780 square feet) is the minimum lot area and 100 feet is · ~ minim~m lot width. i :"The Property has approximately 21,530 square f~et (0.49 acres) jh area E!nd has 91 feet in width at the 75 foot setback and 98 feet in widt~:~Hpe ordinary lii9h water level (OHWL). · 3) The average lakeshore setback :provlsion in the Ordinance protects the lake views of adjacent properties. The average lal<eshor~,s~tback vanance requested is not consistent with the general internt~f)the Ordinan¢e •. 4) The average la~~~~~;~ ~~idij~~ varianc~ifqrcqn~tructiotiofa portion of a new single family residence to encr~ach lakewar~ of the avera~e lakeshore setback is inconsistent with the goals and policies contained Within the 200@:'"'2030 Orono Community Management Plan. 5) Th~,~~pii~~rlt~1h~~e ~ot!~~t~1blis~Ja :that there are practical difficulties. 6) r~i;~rc,posed h~~e1~n~ th~'pro;posed encroachment lakeward of the average lakeshore setbaq~;are the result o~(itesign cfuoi~es by the Applicants. '\ipi, ~'.:,. ',! ?-;, 7) The reques,~ variance tq ,permit the 6 foot portion of the screen porch may adversely impact viewsidftthe lake c'-tirrr~ntly enjoyed by the adjacent property owners. -;;)\'-, ;t 8) The average lak~~Ko~e $e1back is defined by the principal structures on each adjacent lot, the Applicants have chi~igned the lakeside of the home such to have a view of the lake past the outdoor fireplace chimney on the adjacent property. The Applicants will have a view of the lake over their Property. The granting of the variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant. 9) The granting of the proposed variance will not in any way impair health, safety, comfort or Page 2 of3 morals, or in any other respect be contrary to the intent of this chapter. Staff finds this criterion to be met. 10) The Applicants have opted for a new home design which encroaches lakeward of the average lakeshore setback. The Applicants have the option of designing a home to fit the required setbacks. The granting of the requested average lfkeshore setback variance will merely serve as a convenience to the Applicants, al"!d 1is not necessary to alleviate a practical difficulty. 11) The Property is subject to City Code Section 78..17:2 Lots ~f. Record; lot area and lot width variances are not required so long as all other ~oning provisions are met. Lots of Record in the Shoreland are limited to 25% hardco~eh , ,: 12) The City Council finds that granting the aV:~rage lakeshore setbackta'riance would merely serve as a convenience to the Applicants, ahdithat no prcictical difficulty:exists to support the variance; approval of the variance is not ne.~1sary to' preserve a substantial property right of the Applicants; and apprR~fll of these variances would not be in keeping with the spirit and intent of the Zoning Coc~~f<>r 9omprehensive Plan of the City. 13) The City Council considered this aijplicatioh jncluding the.1indings and recommendations of the Planning CRfrl~i~/pn, reports['PY City st~ff, comments by the Applicants and the public, and the ,,~9t oftttEf proposed ~ariances• on ti'\~ he,alth, safety and welfare of the community as wij!Pas the im~act on proper:ti,es in the vicinity. Adopte~t~Yith~.Oron~l~ity Counciu:m this 26th day of October, 2015. Diane Tiegs, 1ctltV;Clerk Lili Tod McMillan, Mayor Page 3 of3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. Council Exhibit B 12. #15-3779, TRINITY CHURCH, 2060 SIXTH A VENUE NORTH, CONDITIONAL USE PERMIT AND VARIANCE -RESOLUTION NO. 6552 Jenson stated it could be simply good morning or what time the church is having mass or what time the Boy Scouts are meeting. Jenson stated the idea was to have it be a resource for the community. Levang stated she likes the design of the sign. Levang indicated she is in agreement that the signs should be consistent and that the City should have a standard that is applicable across the board. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6552, a Resolution Granting Variances to Municipal Zoning Code Section 78-1467(l)(c) apda Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-418(4), for the property located at 2060 Sixth Avenue North, with 60 seconds being allowed between messages rather than 8 sec()nds. VOTE: Ayes 5, Nays 0. 13. #15-3781 STONEWOOD ON BEHALF OF $ELLE AND HA1;ffl.Y YAFFE, 3185 CASCO CIRCLE,VARIANCES Sven Gustafson, Stonewood, LLC, and Kathy Alexatide~,Architect,,were present. Curtis stated the applicant is proposing 1t~ ~9µ.~truct a new singieJfamily home on the property which is substandard in area and width. The applicants at~ requesting anI~yerage lake shore setback in order for a portion of a four-season porch to encroachl~ewat<,l .• Lpt area and lot width variances are also requested. There was a considerable amount of discussion .at the Planning Commi~sion regarding this application as well as discussion with th~ ~yi~bpr located at 3595 Cascq Circle. At the Planning Commission meeting, the applicant IB~ita tevijiqµ to their plfW verballyba~d o°: discussions with the neighbor. Since the Planning Corrµt1ission revi~;,the applicauflµtsprovidedarevised plan which reflects a 6-foot encroachment into the av:e~ge lakesMt;e; setback ratlier than the 7. 5 foot setback that was initially proposed. No rear setback ~i»'ia~ce 1 i~[H~f1U~sted currerttl)" as was discussed at the Planning Commission. The applic~nt~, b~q qriginally propo/s~ ~ti> mc,ve the house back but have instead decided to shrink the size of the ho.~e.;i;, .·· · · · · · · Curtis ~gi~~cthere is a propo~~patio iir~a:Qn the lakeside of the four-season porch. The patio detail has been clari:ffo~ since the Planning 1Gpmmission's review and is shown on the survey. At the September meeting followµig,public hearing ~ public comment, the Planning Commission voted on a motion in favor of approva\:~~~e variance a~:modified, which included lot area, lot width, a 28.5 foot rear setback variance and a 6-foot:~ncroachmenti1~eward of the average lakeshore setback line. This motion failed 3 to 3. No other motidh'\Vas mad¢, · ,'.':{n', i\; ' Staff recommends approv~ii~~tii~ lot width and lot area variances. If the Council determines there are practical difficulties supporting the requested average lakeshore setback variance, a motion for approval may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a building permit. The Council should consider the revised request by the applicant as well as the revised comments from the neighbor and direct Staff accordingly. McMillan asked if the patio has been removed in front of the encroachment. Page 23 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Curtis stated she is not sure whether the patio was included in the initial plan, but because Staff was not sure what was included, it is now shown in detail on the plans and on the survey. Curtis noted it is shown on the left side or lake side of the property. Cornick noted it is alleged that the fireplace in question was constructed without city knowledge or approval. Cornick asked if the fireplace is illegal. Curtis indicated it was constructed without proper city permits artdithe property owner was notified at that time that it was illegal. The City did not pursue removal of it at that:time. McMillan asked if the neighbor's patio has a railing. Curtis stated it has a small wall around it that appflali$ to be approximately 36,inches high. McMillan asked if that would be considered structure. Curtis stated technically they could me~t1ilie.r1liling provision at tht:\ 36 inches. McMillan asked if the City does not alloJ i~tios high.er than that within the average lake shore setback. Curtis stated if it is elevateq1&ti<>y;e grade 42 iribl:res or greater~ it would n~t tie allowed without a variance. Curtis displayed photo~ijtt:~;thi:i)~tio and thet*epJace. ;; ',' '';, ; : ': Levang asked if the neigh~orf~,letter .dat~q October si1:fafifferent than what was presented at the Planning :::JI~\~;:! 1~t~ ;:1~l,:ighbor is ncitbere tonight but her attorney is present and perhaps could cl~ti'1Y. it. McMillan ~~t~Ulit:there is a s~cb~~story abcmtthe four-season porch. Curtis stated it h~:ttpf:)f above it I?µ.tlto her knowledge it does not have any living space above it. C : ~ { •' ! ( ' Gustafson stated nothin~\}i~ic,hah~~d in their design other than making the house smaller. :::ruq ,,' Levang stated the question is ~hether there is a practical difficulty for the four-season porch. Sven Gustafson, Stonewood, LLC, stated he would like to explain how they arrived at the design of the house. Gustafson stated as you approach the property, you come around Casco Circle, which drove the decision to put the garage on the left side of the home. In doing that, that resulted in turning the garage doors 90 degrees to the road. The home to the left has three garage doors that face the street. If they went with a similar design, there would be six garage doors in a row. Page 24 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Gustafson noted a lot of neighborhoods have rules that say you cannot have more than one garage door facing the street because it is not a very architecturally appealing design. Gustafson stated given that, they started designing the house. The main issue that was encountered was the location of the fireplace in relation to the house, which really does create a bit of an obstruction to the view. The columns of the patio walls are four or five feet tall with foptings. Gustafson noted the Code does not define that as structure in determining the average lakeshore s~tback even though it clearly blocks the view. · Gustafson indicated they did work with the neighbors quite a bit pri6tJp the Planning Commission meeting and that everyone was in favor of the proposal'.•: ~ince the Planrtµlg Commission meeting, the size of the house has been reduced by 18 inches. G~t!lfs:on stated origina.lly 'they were going to slide the house back and keep the original design but that creat~ two variances instead'.qf one. Gustafson stated they have tried to compromise and c~e ~p with• a: ,5olution that makes the neighbors happy but that something changed over .the past week. G~tafsoJl ~ted it does not sound like they are against the proposal but that they are n0( ~N"~l~ble. Gustafson ~ted nothing has changecl in the proposal outside of the house being 18 inches small~t'.i • W4stafson noted th~ patio is just an option and that they included it in helping to calculate the hardcov~r.··<Jttsplfson indicat<rijthe applicants have had very little discussion about the shape or location of the'patio. · · ·. Curtis stated she discuss~~I-U,l},:¼l1:s~\(i::allahanthe:I()cation,pfthlpatio and that Staff felt it would be a good idea to know wh~~~he generaO~Ration oft]i~p~tjowill be. Gustafson stated they hav~1nm,develRp~d t.hat any fur6ler not knowing if the variance request would be approved b~t #\lttt1f: w,puld be·~ ~n~de j~~~0 constructf;'d out of flagstone or other similar material. GustafsonJ~t.edpui1i«g#\le hous~~k by sixTeetfrom 'the existing home and that their request is to preserve m,~ +iews. · · · · · · Mc Mill~~ 1i~~~ if there is a re~SOJ?. to havb\the patio on that side rather than have it centered more on the house. · · · ··· Gustafson stated the~r~~lly has bcie~very little discussion about that and that the architect merely placed it on there without talkiqgto the p~ers. McMillan stated if the patio ~d~ as is, it would be a further encroachment in the average lakeshore setback. · · Belle Yaffe, Applicant, stated the patio is a place holder on the survey and that she envisions that most of the activity would be on the other side of the porch. If there is anything in front of the porch, it would just be a pathway. Gustafson noted there are doors off the end of the porch. McMillan stated she is assuming one of the reasons for the patio is for some privacy. Page 25 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Belle Yaffe stated she was very excited to join the Orono community and that she and her husband have spent the last year looking for a house on the lake. Yaffe stated they immediately fell in love with this lot and the neighborhood. The view of the lake is spectacular, which is the whole reason for living on Lake Minnetonka. Yaffe stated they designed a house that would fit their needs as well as fit in with the Casco Point area. Yaffe stated she was very surprised when they learned that they w~ld have to move their house 15 feet further back from the lake and that their immediate response w~ tq $imply remodel the current house. Yaffe stated when she was listening to the Planning Commis8:i~ ~ about how views are important for everyone involved, it seemed to her that the fireplace should be consiij~red structure and that it is unfair to their view. . . Harry Yaffe, Applicant, stated he was dumbfounde~ •a surprised at getting the Jetter from the neighbor's attorney a couple of days before the Council meeting;; Yaffe indicated they walked; ~11 around the house and asked themselves what they can live with. Yaffe nC>ted they well:1: from a 7 .5 fodtencroachment to a 6-foot encroachment and that they have.made the house s~ailer aµdJiave incurred extra.costs with the redesign. :\: Yaffe indicated last Wednesday he spoke 1#iij:i Debra~ who asked ir:they could stake the corners of the house. The location of the house has been st~ed so every~ne can see exactly where the house is going to go. Yaffe stated the new ho,111ereye~ with the Variance, willb~approxim,ately 10.5 feet back from the old house and further from ~el lak'.e:. · :rhe four-seaso~;~orch 1:epi:esen;ts ijbout 26 percent of the lineal feet of the house. The house i:t$l~pproximafeLy 62 feet and:thte~ inches arta.•1he four-season porch is 16 feet. Yaffe noted they are noHi~~g for a y'.atiance for th~~hole house and that approximately 75 percent of their plan complies with the;~yierage l~~hore setback Yaffe re\~~WilM~ij~Rt1fus~lJ~~~~:~foti~(l~by th¢letter and that he thought they were getting along. •. i):;~e stated he th~~~tthey ~~ !~greed on the i,~ feet and that they have taken the guesswork out of it as to; ~here the four seas~ porch W!ill .be located. Christoph~~,k~,~1, AttorneyJ~ .. il~r, sta~Jcttne reason why the letter was sent out is that his client is currently out oftne)fQUntry and that~e needed someone to stand in her place to argue her case. Huntley stated the reason wlifffiebra wante~Jhe letter sent is that she wanted this issue postponed so she would have the opportunity td if'm<;l out if:it~proposed plans were what she thought they were going to be or if she has a reason to object · ' · · · q;~ Huntley stated the applicants did not want to postpone their application, and once the letter was sent out, she approached the applicants and asked again if they would postpone it, which they did not agree to. Huntley stated she does not lose her opportunity to argue it. Huntley stated Debra first met the applicants in August, who subsequently informed her that they would be requesting a variance. Page 26 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13.#15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) At that time Debra asked for additional information, which was provided. Shortly before the September 21 Planning Commission meeting, she found out that the variance was a little bit more than what she thought it would be. A meeting was held with Debra and her husband and the applicants. At that time Mr. Gustafson stuck a stake in the ground and they agreecJJtb a specific spot on the property, which is the reason she was in agreement at the Planning Comrpi.ss~ofr meeting. Subsequently to that time, Debra found out that that was not the location of the propo~ed:improvements and they were, in fact, three to four closer to the lake and two to four feet higher. fl_tH1tiey s4tted that was the reason for her alarm and the reason why she wanted to address the Cio/ Couticil, whfoh;is .when she contacted him. Huntley stated Debra might not necessarily objecUQ the current plans but th'at.~)ie wants more information. Since Debra has been out of town, slie'lias not been able to view tliersU!,kes, and that she is basically in a position where she feels she has to argue ayi.jnst the. )f~iance. Huntleyist/lted Debra does not feel the need for the variance has anything to do with th¢• firep~pe. · i ',, ' '' ' ' Huntley distributed two pictures to the C~ihu:Hl:Qfthe area in qties~pn. Huntley stated the view appears to be better from the actual setback line and th,~\ the ~¢place is off to ~he. left. If you look behind the fireplace, there is really not a view of the lak~;sjnce there are trees artd's;hrubs in that area. Huntley stated in their view the fireplace is•iftnoot point. · Huntley stated the avetl4t~t~~~~~r~ ismback va/fanp9 ~oes against:tlie harmony and purpose of the ordinance. Huntley stat~~~ is evide:Q.~!{trom the pictut:e, there is really no interference of the view of the lake and the fireplace does;hritpose llrf~tctical difficulty. In addition, the applicants purchased the home knowing that1 fu~ ~--~P:lace was; ~~--Fl• lfiutl\ey poted there is also nothing preventing his client from planting t;ir~~;trtcfotli~t s;hrubs tliatlwould interf~:with iih.e'view even more. ;il!l :iit / :/ ··. 1 '; . . • • Huntley ~t~~~ to summariz~i1~re is no;prnctical difficulty that is being caused by the fireplace, and that if it is dete~ed to be a practi~11difficrtlty1lllnything could conceivably be considered a practical difficulty. Huntley stated if the pn,posed struqtrtre is going to be higher than the current structure, the only person feefini~th.e impact willjp~ Ms. Callahan. Huntley stated even though Ms. Callahan is arguing against the variance1ton.i-ght, that d~~ :not necessarily mean that she is opposed to any variance and that she is willing to live witli \tl,1.e planj~~loriginally presented to her McMillan asked where t~~,s~{J~s 1 originally. Huntley indicated it was approximately three to four feet further back. McMillan asked if she is comfortable with a 3-foot variance but not a 6-foot. Huntley stated he believes so. Page 27 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Gustafson stated the original stake was placed there as a result of them measuring off the existing home on the survey and that it was fairly accurate. Gustafson stated the survey has not changed at all and the only change is bringing the home back a foot and a half further back from what was originally discussed. Gustafson stated he would argue the stake was within a few inches of where Mr. Gronberg put the stake. Gustafson stated the proposed home is four-tenths of a foot higher thim. the current home and that the bottom line of what they are trying to do is preserve views of the lak¢ and avoid a view of the side or back of the fireplace that was illegally built. Walsh stated what is ironic in this situation is that in his view, there ·ar~ neighbors that are figuring out what variances the Council should approve. Walsh noteq:1he;existing rJs~~ence will be torn down and that this will be a blank sheet. Walsh stated when ther~ is a blank sheet, the; applicants should not need any variances. Walsh stated the parties are saying a bunch of differeiit;tJii~gs that, ~e .moot and it 'co1tles down to whether it is a practical difficulty. Walsh stated. httvisited the prop~tty tpd~y,walked in the arei}pfthe stakes, and in his view the fireplace is not a big dealH:Wial,sh stated the·fiteplace does not impact the fake view and that there should not be a variance for th~.t'.tit alt · · Gustafson stated they were trying to get thi t~'.ighbors iQfbO!~d with wq_~t they are requesting. Gustafson stated they were trying to ~lll.e ui unified witli:the neighbors ~d that they were not trying to make decisions for the City Cqijµqit:t!·• • · )'' ; ) Walsh stated in his vieJ~e:reshouHtjdt be a varianpeat all regardless of what the neighbors agree to since there is not a practical ~culty~ •. W' ~\sh stated if;the house next to this house gets torn down 15 years from 11ow~i~e)l'iWill be a:igajnj~be~lo~er to the Hike if the variance is granted. Gustaf~R~l~~a~~cl the. tii~t~e ,shotiI~ ,aQt have been constructed there. Walsh st:~Jij!ip;]:iis view th:t isl~~oot pduit:and that it does not appear to be in the way of any view of the lake. McMillan stated ~~JlHetghbors can,~~~otiate amongst themselves all they want but that the Council is the one who determines Jtt~r there;i~\a practical difficulty. McMillan stated determining whether there is a practical difficulty is a nltajpr, ~~ of deciding whether a variance should be granted. ('),' ( Mattick stated if the Council firids there is a practical difficulty with the fireplace, they should grant the variance. Mattick stated in his view the Council has discussed the relevant points. Levang stated in her view there is not a practical difficulty and that the Council stands very firm on the average lakeshore setback. Levang indicated she is not willing to approve that variance but that she is fine with the lot area and lot width variances. Printup indicated he is in agreement. Page 28 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Cornick stated he visited the property and that in his view the argument for the practical difficulty is very weak and that he would not be in favor of it. Levang stated it seems reasonable to combine the PIDs. Levang moved, Walsh seconded, Application No. 15-3781, 3185 C~sco Circle, to direct Staff to draft a resolution approving lot area and lot width variances, with the~o PID numbers being combined. VOTE: Ayes 5, Nays 0. *14. #15-3782 ROBERT AND MONIQUE KANTOR AND S?E.·.J>HEN OTTO, 2165 AND 2185 WATERTOWN ROAD, LOT LINE REARRANGENIENT-RESO.LUTION NO. 6553 Printup moved, Walsh seconded, to adopt RESQLUTION NO. 6553, a R~o(ution Approving a Subdivision of a Lot Line Rearrangement at 2165' ~d 2185 Watertown Road,. VOTE: Ayes 5, Nays 0. · 15. #15-3783 JOHN T. BESSESSlTIJfIDA VID DELANEY:, 2465 SHADYWOO:b ROAD AND 2500 KELLY A VENUE, SKETCH P~ •• ·. ''.?t ', Tom Wasmoen and John Bessessen, Applic$:t, wereipt¢s~nt. Barnhart stated the app\i~~w !a~~ te~ll7sting C~un9il iDJ?ll,t l@n a,pmposel sketch plan for a 24 unit, single family neighborhood ca,,~~lopment iiti~f65 Shadywopq Jload and 250() Kelly A venue. This is the same property the Council revi~i'fied this spij11g where it deµjed the Kelly Avenue portion of this project. The lots adj~~fl1lle>,Sp.ad;:Jb4~~l~~~~ly 45 feet in width. The 50-foot lots are located on the north side;q~~iileWP(<i>~psrd dri\te1l~;outh oftliat\ate}5-foot lots. The entire development will require a rezonin~ ijr: a· Comprehehsi~~llan iUl,dment or both.• :There is also a portion that is guided for mixed used th~t~$!~urrently zoned'c~ercia~/[he Kelly Avenue portion is zoned for I-acre minimum lot size and guided'rdhtwo to three unit;s)ner acre_., .. Barnhart note~;m~P;Jltn before t~~•~~uncil is somewhat different than what the Planning Commission reviewed. The plan:r,~~jewed by tlt~~lanning Commission included a driveway onto Kelley Avenue or an extension ofDelan~M:Avenue,up:~o Kelly Avenue. In response to some of the comments received by the Planning Commissioni,l*~ ~p:11:eants have removed that driveway. The Fire Chief has indicated he does not have a concern witltnijiaccess onto Kelly. The County would prefer that the access be as far south on Shadywood as possib1~. During the public hearing, the Planning Commission heard a number of comments in opposition to the project. The Council has also received a number of comments electronically, which have been included in the packet. Barnhart stated it appears no one is in support of the project adjacent to this property. Barnhart stated the applicant is here and would be able to go into more detail on the proposal. Page 29 of 37 MINUTES OF THE ORONO CITY COUNCll.. MEETING Monday, October 12, 2015 7:00 o'clock p.m. 12. #15-3779, TRINl1Y CHURCH, 2060 SIXTH A VENUE NORTH, CONDITIONAL USE PERMIT AND VARIANCE-RESOLUTION NO . 6552 Jenson stated it could be simply good morning or what time the church is having mass or what time the Boy Scouts are meeting. Jenson stated the idea was to have it be a resource for the community. Levang stated she likes the design of the sign. Levang indicated she is in agreement that the signs should be consistent and that the City should have a standard that is applicable across the board. Levang moved, Printup seconded, to adopt RESOLUTION NO. 6552, a Resolution Granting Variances to Municipal Zoning Code Section 78-1467(1)(c) and a Conditional Use Permit Pursuant to Municipal Zoning Code Section 78-418(4), for the property located at 2060 Sixth Avenue North, with 60 seconds being allowed between messages rather than 8 seconds. VOTE: Ayes 5, Nays 0. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO cmCLE,VARIANCES Sven Gustafson, Stonewood, LLC, and Kathy Alexander, Architect, were present. Curtis stated the applicant is proposing to construct a new single-family home on the property which is substandard in area and width. The applicants are requesting an average lake shore setback in order fora portion of a four-season porch to encroach lakeward. Lot area and lot width variances are also requested. There was a considerable amount of discussion at the Planning Commission regarding this application as well as discussion with the neighbor located at 3595 Casco Circle . At the Planning Commission meeting, the applicant made a revision to their plan verbally based on discussions with the neighbor. Since the Planning Commission review, the applicant has provided a revised plan which reflects a 6-foot encroachment into the average lakeshore setback rather than the 7 .5 foot setback that was initially proposed. No rear setback variance is requested currently as was discussed at the Planning Commission . The applicants had originally proposed to move the house back but have instead decided to shrink the size of the house. Curtis noted there is a proposed patio area on the lakeside of the four-season porch. The patio detail has been clarified since the Planning Commission's review and is shown on the survey. At the September meeting following public hearing and public comment, the Planning Commission voted on a motion in favor of approval of the variance as modified, which included lot area. lot width, a 28.5 foot rear setback variance and a 6-foot encroachment lakeward of the average lakeshore setback line. This motion failed 3 to 3. No other motion was made. Staff recommends approval of the lot width and lot area variances. If the Council determines there are practical difficulties supporting the requested average lakeshore setback variance, a motion for approval may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a building permit. The Council should consider the revised request by the applicant as well as the revised comments from the neighbor and direct Staff accordingly. McMillan asked if the patio has been removed in front of the encroachment. Page 23 of 37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Curtis stated she is not sure whether the patio was included in the initial plan, but because Staff was not sure what was included, it is now shown in detail on the plans and on the survey. Curtis noted it is shown on the left side or lake side of the property. Cornick noted it is alleged that the fireplace in question was constructed without city knowledge or approval. Cornick asked if the fireplace is illegal. Curtis indicated it was constructed without proper city permits and the property owner was notified at that time that it was illegal. The City did not pursue removal of it at that time. McMillan asked if the neighbor's patio has a railing. Curtis stated it has a small wall around it that appears to be approximately 36 inches high. McMillan asked if that would be considered structure. Curtis stated technically they could meet the railing provision at the 36 inches. McMillan asked if the City does not allow patios higher than that within the average lakeshore setback. Curtis stated if it is elevated above grade 42 inches or greater, it would not be allowed without a variance. Curtis displayed photographs of the patio and the fireplace. Levang asked if the neighbor's letter dated October 8 is different th.an what was presented at the Planning Commission. Curtis indicated it is. Curtis stated the neighbor is not here tonight but her attorney is present and perhaps could clarify it. McMillan asked if there is a second story about the four-season porch. Curtis stated it has a roof above it but to her knowledge it does not have any living space above it. Gustafson stated nothing has changed in their design other than making the house smaller. Levang stated the question is whether there is a practical difficulty for the four-season porch. Sven Gustafson, Stonewood, LLC, stated he would like to explain how they arrived at the design of the house. Gustafson stated as you approach the property, you come around Casco Circle, which drove the decision to put the garage on the left side of the home. In doing that, that resulted in turning the garage doors 90 degrees to the road. The home to the left has three garage doors that face the street. If they went with a similar design, there would be six garage doors in a row. Page 24of37 MINUTES OF THE ORONO CITY COUNCil, MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Gustafson noted a lot of neighborhoods have rules th.at say you cannot have more than one garage door facing the street because it is not a very architecturally appealing design. Gustafson stated given that, they started designing the house. The main issue that was encountered was the location of the fireplace in relation to the house, which really does create a bit of an obstruction to the view. The columns of the patio walls are four or five feet tall with footings. Gustafson noted the Code does not define that as structure in determining the average lak:eshore setback even though it clearly blocks the view. Gustafson indicated they did work with the neighbors quite a bit prior to the Planning Commission meeting and that everyone was in favor of the proposal. Since the Planning Commission meeting, the size of the house has been reduced by 18 inches. Gustafson stated originally they were going to slide the house back and keep the original design but th.at created two variances instead of one. Gustafson stated they have tried to compromise and come up with a solution that makes the neighbors happy but that something changed over the past week. Gustafson stated it does not sound like they are against the proposal but that they are not available. Gustafson stated nothing has changed in the proposal outside of the house being 18 inches smaller. Gustafson noted the patio is just an option and that they included it in helping to calculate the hardcover. Gustafson indicated the applicants have had very little discussion about the shape or location of the patio. Curtis stated she discussed with Ms. Callahan the location of the patio and that Staff felt it would be a good idea to know where the general location of the patio will be. Gustafson stated they have not developed that any further not knowing if the variance request would be approved but that it would be an on-grade patio constructed out of flagstone or other similar material. Gustafson stated pulling the house back by six feet from the existing home and that their request is to preserve the views. McMillan asked if there is a reason to have the patio on that side rather than have it centered more on the house. Gustafson stated there really has been very little discussion about that and that the architect merely placed it on there without talking to the owners. McMillan stated if the patio stands as is, it would be a further encroachment in the average lak:eshore setback. Belle Yaffe, Applicant, stated the patio is a place holder on the survey and that she envisions that most of the activity would be on the other side of the porch. If there is anything in front of the porch, it would just be a pathway. Gustafson noted there are doors off the end of the porch. McMillan stated she is assuming one of the reasons for the patio is for some privacy. Page 25 of 37 MINUTES OF THE ORONO CITY COUNCil, MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) Belle Yaffe stated she was very excited to join the Orono community and that she and her husband have spent the last year looking for a house on the lake. Yaffe stated they immediately fell in love with this lot and the neighborhood. The view of the lake is spectacular, which is the whole reason for living on Lake Minnetonka. Yaffe stated they designed a house that would fit their needs as well as fit in with the Casco Point area. Yaffe stated she was very surprised when they learned that they would have to move their house 15 feet further back from the lake and that their immediate response was to simply remodel the current house. Yaffe stated when she was listening to the Planning Commission talk about how views are important for everyone involved, it seemed to her that the fireplace should be considered structure and that it is unfair to their view. Harry Yaffe, Applicant, stated he was dumbfounded and surprised at getting the letter from the neighbor's attorney a couple of days before the Council meeting. Yaffe indicated they walked all around the house and asked themselves what they can live with. Yaffe noted they went from a 7.5 foot encroachment to a 6-foot encroachment and that they have made the house smaller and have incurred extra costs with the redesign. Yaffe indicated last Wednesday he spoke with Debra, who asked if they could stake the comers of the house. The location of the house has been staked so everyone can see exactly where the house is going to go. Yaffe stated the new home, even with the variance, will be approximately 10.5 feet back from the old house and further from the lake. The four-season porch represents about 26 percent of the lineal feet of the house. The house is approximately 62 feet and three inches and the four-season porch is 16 feet. Yaffe noted they are not asking for a variance for the whole house and that approximately 75 percent of their plan complies with the average lakeshore setback. Yaffe reiterated he was confused and dumbfounded by the letter and that he thought they were getting along. Yaffe stated he thought they all agreed on the six feet and that they have taken the guesswork out of it as to where the four season porch will be located. Christopher Huntley, Attorney-at-Law, stated the reason why the letter was sent out is that his client is currently out of the country and that she needed someone to stand in her place to argue her case. Huntley stated the reason why Debra wanted the letter sent is that she wanted this issue postponed so she would have the opportunity to find out if the proposed plans were what she thought they were going to be or if she has a reason to object. Huntley stated the applicants did not want to postpone their application, and once the letter was sent out, she approached the applicants and asked again if they would postpone it, which they did not agree to. Huntley stated she does not lose her opportunity to argue it. Huntley stated Debra first met the applicants in August, who subsequently informed her that they would be requesting a variance. Page26of37 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13.#15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES (continued) At that time Debra asked for additional information, which was provided. Shortly before the September 21 Planning Commission meeting, she found out that the variance was a little bit more than what she thought it would be. A meeting was held with Debra and her husband and the applicants. At that time Mr. Gustafson stuck a stake in the ground and they agreed to a specific spot on the property, which is the reason she was in agreement at the Planning Commission meeting. Subsequently to that time, Debra found out that that was not the location of the proposed improvements and they were, in fact, three to four closer to the lake and two to four feet higher. Huntley stated that was the reason for her alarm and the reason why she wanted to address the City Council, which is when she contacted him. Huntley stated Debra might not necessarily object to the current plans but that she wants more information. Since Debra has been out of town, she has not been able to view the stakes, and that she is basically in a position where she feels she has to argue against the variance. Huntley stated Debra does not feel the need for the variance has anything to do with the fireplace. Huntley distributed two pictures to the Council of the area in question. Huntley stated the view appears to be better from the actual setback line and that the fireplace is off to the left. If you look behind the fireplace, there is really not a view of the lake since there are trees and shrubs in that area. Huntley stated in their view the fireplace is a moot point. Huntley stated the average lakeshore setback variance goes against the harmony and purpose of the ordinance. Huntley stated as is evident from the picture, there is really no interference of the view of the lake and the fireplace does not pose a practical difficulty. In addition, the applicants purchased the home knowing that the fireplace was there. Huntley noted there is also nothing preventing his client from planting trees and other shrubs that would interfere with the view even more. Huntley stated to summarize, there is no practical difficulty that is being caused by the fireplace, and that if it is determined to be a practical difficulty, anything could conceivably be considered a practical difficulty. Huntley stated if the proposed structure is going to be higher than the current structure, the only person feeling the impact will be Ms. Callahan. Huntley stated even though Ms. Callahan is arguing against the variance tonight, that does not necessarily mean that she is opposed to any variance and that she is willing to live with the plan as originally presented to her McMillan asked where the stake was originally. Huntley indicated it was approximately three to four feet further back. McMillan asked if she is comfortable with a 3-foot variance but not a 6-foot. Huntley stated he believes so. Page 27 of 37 MINUTES OF THE ORONO CITY COUNCil. MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CffiCLE, VARIANCES (continued) Gustafson stated the original stake was placed there as a result of them measuring off the existing home on the survey and that it was fairly accurate. Gustafson stated the survey has not changed at all and the only change is bringing the home back a foot and a half further back from what was originally discussed. Gustafson stated he would argue the stake was within a few inches of where Mr. Gronberg put the stake. Gustafson stated the proposed home is four-tenths of a foot higher than the current home and that the bottom line of what they are trying to do is preserve views of the lake and avoid a view of the side or back of the fireplace that was illegally built. Walsh stated what is ironic in this situation is that in his view there are neighbors that are figuring out what variances the Council should approve. Walsh noted the existing residence will be tom down and that this will be a blank sheet. Walsh stated when there is a blank sheet, the applicants should not need any variances. Walsh stated the parties are saying a bunch of different things that are moot and it comes down to whether it is a practical difficulty. Walsh stated he visited the property today, walked in the area of the stakes, and in his view the fireplace is not a big deal. Walsh stated the fireplace does not impact the lake view and that there should not be a variance for that at all. Gustafson stated they were trying to get the neighbors on board with what they are requesting. Gustafson stated they were trying to come in unified with the neighbors and that they were not trying to make decisions for the City Council. Walsh stated in his view there should not be a variance at all regardless of what the neighbors agree to since there is not a practical difficulty. Walsh stated if the house next to this house gets tom down 15 years from now, they will be arguing to be closer to the lake if the variance is granted. Gustafson stated the fireplace should not have been constructed there. Walsh stated in his view that is a moot point and that it does not appear to be in the way of any view of the lake. McMillan stated the neighbors can negotiate amongst themselves all they want but that the Council is the one who determines whether there is a practical difficulty. McMillan stated determining whether there is a practical difficulty is a major part of deciding whether a variance should be granted. Mattick stated if the Council finds there is a practical difficulty with the fireplace, they should grant the variance. Mattick stated in his view the Council has discussed the relevant points. Levang stated in her view there is not a practical difficulty and that the Council stands very firm on the average lakeshore setback. Levang indicated she is not willing to approve that variance but that she is fine with the lot area and lot width variances. Printup indicated he is in agreement. Page 28of37 MINUTES OF THE ORONO CITY COUNCll. MEETING Monday, October 12, 2015 7:00 o'clock p.m. 13. #15-3781 STONEWOOD ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIR.CLE, VARIANCES (continued) Cornick stated he visited the property and that in his view the argument for the practical difficulty is very weak and that he would not be in favor of it. Levang stated it seems reasonable to combine the PIDs. Levang moved, Walsh seconded, Application No.15-3781, 3185 Casco Circle, to direct Staff to draft a resolution approving lot area and lot width variances, with the two PID numbers being combined. VOTE: Ayes S, Nays 0. *14. #15-3782 ROBERT AND MONIQUE KANTOR AND STEPHEN OTTO, 2165 AND 2185 WATERTOWN ROAD, LOT LINE REARRANGEMENT-RESOLUTION NO. 65S3 Printup moved, Walsh seconded, to adopt RESOLUTION NO. 6553, a Resolution Approving a Subdivision of a Lot Line Rearrangement at 2165 and 2185 Watertown Road. VOTE: Ayes 5, Nays O. 15. #15-3783 JOHN T. BESSESSEN/DA VID DELANEY, 2465 SHADYWOOD ROAD AND 2500 KELLY A VENUE, SKETCH PLAi~ Tom Wasmoen and John Bessessen, Applicant, were present. Barnhart stated the applicants are requesting Council input on a proposed sketch plan for a 24 unit, single family neighborhood development at 2465 Shadywood Road and 2500 Kelly Avenue. This is the same property the Council reviewed this spring where it denied the Kelly Avenue portion of this project. The lots adjacent to Shadywood are approximately 45 feet in width. The SO-foot lots are located on the north side of a new proposed drive. South of that are 75-foot lots. The entire development will require a rezoning or a Comprehensive Plan amendment or both. There is also a portion that is guided for mixed used that is currently zoned commercial. The Kelly Avenue portion is zoned for 1-acre minimum lot size and guided for two to three units per acre. Barnhart noted the plan before the Council is somewhat different than what the Planning Commission reviewed. The plan reviewed by the Planning Commission included a driveway onto Kelley Avenue or an extension of Delaney Avenue up to Kelly A venue. In response to some of the comments received by the Planning Commission, the applicants have removed that driveway. The Fire Chief has indicated he does not have a concern with no access onto Kelly. The County would prefer that the access be as far south on Shadywood as possible. During the public hearing, the Planning Commission heard a number of comments in opposition to the project. The Council has also received a number of comments electronically, which have been included in the packet. Barnhart stated it appears no one is in support of the project adjacent to this property. Barnhart stated the applicant is here and would be able to go into more detail on the proposal. Page 29 of37 Date Application Received: 08/19/1 Date Application Considered as Complete: 08/21/15 120-Day Review Period Expires: 12/19/15 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis mcc 9lJlJ Title: Planner Item #13-CC Agenda-10/12/2015 File #15-3781 [Total Pages 70] Date: 8 October 2015 Item No. 13 Agenda Section: Planning Item Description: #15-3781, Stonewood LLC., o/b/o Harry & Belle Yaffe, 3185 Casco Cir, Variances Application Summary: The applicant is proposing to construct a new single family home on the property which is substandard in area and width. They are requesting an average lakeshore setback variance in order for a four season porch to encroach. Lot area and lot width variances are also requested. The applicant's original request reflected a 7.5-foot encroachment into the average lakeshore setback. The applicant verbally revised their request at the Planning Commission meeting to comply with the appeal of the neighbor at 3195 Casco Circle, who also attended the Planning Commission meeting. The revised request at that time reflected simply moving the home back toward the street 1.5 feet lessening the average lakeshore setback encroachment, however introducing a new rear setback variance to the mix. For the Council's consideration, the applicant has provided revised plans which reflect a 6-foot encroachment into the average lakeshore setback and no rear setback variance. The encroachment is limited to the 13' x 16.5' four season porch. There is a proposed patio area on the lakeside of the four season porch; the patio detail has been clarified since the Planning Commission's review. The 6' encroachment reduces the existing condition. Planning Commission Recommendation On September 21, 2015, the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing with public comments, the Commission voted on a motion in favor of approval of the variance as modified -lot area, lot width, a 28.5-foot rear setback variance and a 6 foot encroachment lakeward of the average lakeshore setback line. This motion failed 3 to 3. The Council should refer to the draft minutes from this meeting for greater detail. Planning Staff Recommendation Staff recommends approval of the lot area and lot width variances. If the Council determines there are practical difficulties supporting the average lakeshore setback variance, a motion for approval may be appropriate. Staff further recommends that the two parcels be combined prior to issuance of a building permit. COUNCIL ACTION REQUESTED Council should consider the applicant's revised request and direct staff to draft a resolution reflecting the Council's decision. List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Proposed Survey -Revised Proposed Plans & Elevations -Revised Revised Applicant Statement w/ Photos Revised Hardcover Calculations 60-Day Extension PC Staff Report & Exhibits 09/15/15 Draft PC Minutes 09/21/15 Neighbor Comments Coone;, Exhibit.A cERTtfICA.TE'>bf $:URiVE&-•··· :F'.oR. •. .. . . . . •. ff 1iHR~¥ 'rlJ:lll ·.··· .. . .· .. · ·. INLOTS 34&·35;Sf1RING PARK &;VAGATED·LAKESHORE>A.VENU.E .. .. · . . ·.··· .... · . . . . . HENNm:PtN COUNTY. M'lNNESOTA : . . . •.. . . .•. ·.·. . ., .. --\ . ' . ·, .·. ~~t' .·· .· (HU).· ·. r ~w,.,'f~ ··-· . ' .. ,_ .. .. ·. . . . . ,\)tJ . ' Lt~Al. .QE$QRIPTION OF PBtMISE$ ; .(per ,Certffictite ,o(fltle No-. '·1"02 t3J /' '. Lot:~5· ~ndtt1e1 ~este;1y.112of.Lot; 34; ond ......... · ·. · ....•..• · ·.·.· · ..•..•. iY . • All of .. tM· tond)y1~g. · b&t~_ee~ ,.t"e ob~ve ,·rM~.l~;a ·.pr~p~ty >0 i ·· · and .th!? .·~~re ot t::(lk~ Mir1netohl:<o·.Qtl: tf;ie ~utl\\~nd b~~w~·· tt\e W~tterl jline\O('§c@,,t.o.t -3,, iii~ ,tl:l:~ '£6sl~r:W'.);fthlt)o-f , ' •' . . , · §ok!•We-sterfy •J72 t>f$dkl\liot:3_4 produce'tfSpu\h~rly' to .. ·· ,,, / soid'-'loke shore:-· ':. · · . · ·-· ··. ·. ·.-· ·· · " · -· · ·· ' · ·· : .. All lri Spring P~rk/ > .. ;' ·,·>.· .. :<'.::"~:·: __ .·,.-,_· .. /-· .;.: ::, ... : .. :·· . •, : .· denotes ,ron morker foorid (96aj) : i'. d~notes e~is~~~ sP;t .~,e~ation, med\ . sea level dctturn · ... (~10.sl : d~~otes pr6~o~ed. sp6f ei~votion,: -~arr sed level datum, ,_:,,.;.;S17· • deri6te~ e'xistihg ¢ontriot ffiile,, meort ii~ ~vf?I datum . dencites proposed toi1t6ur 'fin~; rhtil'afi sea ·. ievet · ddtUrn . Th~ ,r~::m,d;",;°'~~~~"tir--•~•#.Jmef ··•· ·.· property, _£fie', ,iocfltion. )of, an exi$Ctlng .nouse . dnd 'gbrog~/to De crtWIIO\ied, . oncfth~ pr'o~oired :lo!i:t'ition of ',<ii J>rtipC>,td: hpuse, drive.wo;y(.wi:Jlk, anp •.. ·.·.:• . grddes··tnereoi'l,·'•lt does t\bt,ptitp6rf l6 .:show cirw.·•otfier',1m¢ovemtfn:ts·•·: or ·,eneroachmet1ts,, · , · .: :, · > • · ·: , · ,:. : :.:;-. , · ·, . >•• • · · · . ~------~~=~-t= COPYRIGHT 21Zll5, ALEXANDER DE$!GN GROUP, INC. MARDI SM.AKE .SlOlt-ti PER ELEV'.S 6t6 51DIN:.ii PER ELEY'S b" UNDW • DR HIRATEC m!H 605. PER ELEV'S M!Ft.ATEC FRIEZE 605. I BANDING PEFe ELEVS 2'' nl!M CUT .STa-cE " " " " " " " " " " " ' " L _____ .JL ____ _ □DD l,!Af.O! ~ SID!t-t'i PER ELEVS s,e SIDIN:':1 PER ELEV'S c,• UNDW c DR Hlre.ATEC TRIM BDS. FER ELEY'$ MIRATEC FRIEZE et'.>5. I BANDING PER ELEVS 2" Tl-llN OJT .STONE Council Exhibit B 401 EAST LAKE STREET WAY2ATA, :MN 55391 Phone: 952.473.8TT7 FAX: 952.473.8222 ~ ~ ;\ 'I s .. ;;. ---- eeCGWR.OCR !OPa-~ Fl~TFLOOR !~l:!JSFLR BASEMENT TOP O:SLAB COPYR!61-!T 2015, ALEXANDER DESIGN GROUP, INC. &:; l'-o• ND• ' ' ' ' ' ' ' ' ' '-------------------------' h• I-IARDI 5,1,1,,!KE 51Dm PER ELEV'$ 645 51Dtt's FER ELEV'& &" llNOW 4 DR HIRATEC TRIM 505. PER ELEV'5 Ml~TEC FRIEZE 5D5. 4 eANDINGi PER ELEY'5 2" TM!N CUT STONE DODD 646 SIDING F'ER ELEY'& 6" 1.1.NDW 4 DR Nl~1'EC TRIM BDS. FER El..EY'S MIRATEC FR1EIE eDS. , BANDING PER ELEY'& 401 EAST LAKE STREET WAY2ATA, :MN 55391 Phone: 952.473.8777 FAX: 952.473.8222 i J i I ! :0 ~ ~7tl eEAR1NG T~ ~ •2•-3• 2•~1112• 16'-6· .O'•I 112' _l n7----:_ 7 I I I _ I I I I ~-= I : LJ L _J "~ ~I~ -L__ ~~ s ;;; s ~ I I "'-"""..,. II ::(, '' --h.....1......, ' Ii : i i WA..CCT ! i t-n I ~ I ~ 71 I •. f,112! 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JI L '' ·''· 1 : I ~ IW -~ ~ ~ L _jf I cc -·-~LJI, '-'-~-I+--·>·-··-... , ..... ~ ~ ~ u,,,,.,--~ -C--11, 1 --'J I 1111 I '•ID~ • &'•9' 1'·1D' -u I r----13'9' Ii I -' ~··· • ·~ - I: I I i I I I 2'-1,• I I ~H ;;,I I I I I ; I ' I ~ I I 1! I I ' I, ii I I . I l 1! I I I ~L-__ ._ -_J ~ 1. YAFFE RESIDENCE 31~ CASCO C1"'1CLE OF!ONO, MN 22'-IO in• ~ BID 5ETONL'T' NOT FOR CONSTRUCTION {T) ~~~ ~EYEL FLOOR PLAN 61D'•9' 5GlUARE FOOT AGE HAIN -246':l• UFFER-12"2• FIN. LOWER• 1!:>44• TOTAL -s21s• LOIi.ei'< LEVEL IZ>& OCTOBER 201& DRAWING, DESCRIPTION, I ~ FLOOR PLAN FBEYIQUS ISSUE PATES: 14 eeP 1& ~ -ALL WINDO.U 4 DR HEAD OOTS. TO eE SET AT 8'-0" AT LILR LEVEL lNLEe& NOTED OTI4El'IIJleE tlQII:, CfreET EXTER.lOR &TUD& l•l/2" TO TME OUTSIDE FACE Of= F0..1-lDATION lll-lERE EXT. R4D. INSUL. 15 APPLIED, EXCEPT UA-IERE NOTED. II MARVIN ULTIMATE UND. COPES ,Es-;;;!~~~ ?;<:~ ;>::'.i ~~~~ f ~~i~ .,,\"'"'1J'\',,'.·,:·1l ~ ~ ~ ;s Jii!,iJ,'.~""t'":\:i' ,, ';•'.,';\' J l::i::jwm ,.,,.,,.,,, ,. , t :,,., i i J I a ~ ~ Ii ~ 1'·9'/ V p::-- ~ H ~i ;. I .... , ... I'FOR~U. 161-61 """'" ... ~TOM ◄l"XM)' <NA ti.NO,~ • l!li'•O' 1-C. I-fr. l&EE !L!VJ. (&HADE~) -------1 I / gJ2Qt CCNC.9'1'et!ILOE!lt 8) ~i :I :i _v"'-m> !: ~ \ ,,.----, , ' (~1~rl \ / , _____ ..., \ I I I h]'·6• EMIQ Fl..,lrG!TQE0-1 c:c:»:.ISYeiJILCER ,43•.3• 1,1 ~ ,•erAT.DR. (Bl.ACKCOT8HAPE6 t ~Ef'OCKET&} 4--h =---JI;_ ™·~HEAT ~ ~= J~--I I I I rr---II : : ~Hf--"''-"""""'-+-l~ ,• 11,1 : : 11 I I -" ~ ;, ""'""" ,-,i....., ~ ! I -='-'=-h I l »ALFWALL.! R i ' .-111 roFRAME r ~ i u ~···+···'+------, -tl-----~ --~~~:flf-=lr ~t··· ":o~'r ·-·~·~ ~! ---1# I --------------7 -· 7 ~ ✓ ·lhl··-1------ I ! j I : t:LYIE8. 11 N.f!.OOR ! 11! [ '--oe--c~c-7--+' I .I I =w;i-µ.. ~I ~T § .=.,,r---t;l! l I Ii i -=· :, ~"~ e'T'R.R. 1 1, 1 ! 11 AeOW -7 mJ&IE& I : : I 'I : ~'lillf---"-------' I et.~ r--'- 1 ~ 1 QI l 11 ~ ---_.::-.::-..:'Ji ,~.1---------------J :=======-=-:===; ,..,,..... 11 .... i Q .., ' ,~r-------------1 I~"¾, ~-=i_} I 'I I '::::==i --~~ I I ... 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LOWER -1544• TOTAL • &21&• ~ 12)!; OCTO6ER 212)1!:> PREVIOUS ISSUE PATES: 14 SEF I& ~ -ALL WINOO.U 4 ~ MEAD HGTS. TO BE &ET AT &'-0" AT MAIN LEVEL I.NLE56 NOTED OTHEFa.lllSE II MARVIN ULTIMATE UNO, CODES II d ~i~E .. ~ >""1 ~~J~ !'.itioo i§~~ ~6 ~~,, ~ / ,,. r 7 ~ ; i ii ,,. le I " 0 I ! "' ~ r---------------------------'----------------, l --------------, I ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' ' '' 10·-•· , .. ,. ? '-1'>112' a·-•• CIJDH!ll),2•.!IW OJ9,T01-42')6tl"OVAI. \ltC.~•12'•3' l-0,1-11',(!EEEi.EVJ :1: .... ,. IIZl'-6* CUOM~2•iW --------------1 ~i ·, ~i ., ! I • ' .. ' _, ~ ~), 1~1---•--l-~: ----+------t--, '' !'11 ~~ il D~ ~! ij' ----@We, •. ·--+LI --, . -· U' il,")(13. 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L~-=--=--=--=-;1 ' '' I < I ' , , ' '' ' '' ' '' ' '' ' '' ' '' I I< < < I ' , , ' '' I < < ' '' ' '' ' '' < I< ! ~j~ ' ~~! \ J! ' '' ' '' ' , , ' '' ' '' ' '' I < I ' '' ' '' ' '' l ! I ' ' l 1 ' ' ' ' ffi LIPPE~ LEVEL FLOOR PLAN SQUARE FOOT AGE MAIN -24'=>':l* UPPER· 12e>2• FIN. LOWER -1&44• t!Qill. -ALL WINDOW • DOOi'! ~EAi:> MGT5. TO 6E 5ET AT 6'~011AT UPFER: LEVEL UNLE&S NOTED OTI-IERUJJSE l _____ --------------------.;-!::;=::;=::;::It.:-.:-.:-.:-_:.:-:::::::.:::--------I TOTAL· &21&• II HARV1N ULTIMATE UND. CODE5 II YAFFE RESIDENCE it~ CA&CO CIF!CLE ORONO.MN ~ 61D SET ONLY NOT FOR CONSTRUCTION RBAWIN4 DE5CtslFIIQN: UFFE~ LEVEL FLOO~FLAN ~ '1>& OCTO6ER 2'1>I& PREYIQUS ISSUE PATE$· 14 5EF IS d ;;<1~~ ?:'~ >:'.l ~~j2~ titiim ij~~~ ~s ';~, ~ ":'" ,.,. / 7 --. -~ ; i I SCfEITIFASCIA CQNSTRUCTlql, "4RPIE /!Cff'IT 1111 C<:Nf. "911&. e,14• :it IIO" MIRATEC FMCIA eo !,/4• X 3• f'1t11Af!C Tlll91 90 WALL CQNSJEJCIIQN, SIDI-IS PE"' ELEYATICI-IS. 2 LA--'D' IIUU>l<S PAA!R 112' l'L "\'Ul0Cll)I) M!Al>IING. 2lc691\l:l&• .. •o,:;., 3• eAltAY "U• FOAM l\l9tl. .t aeALEflit .. fit-19 MN OR Fll!5ER GI.Aee l!,o\ffll. CONTNl0U6 f'OLT VN'OR-• 6 MIL· &EAL ALL -• F11£111ATIQI& 112' GTP. eD. • TAPEO. ~. PAINTED COPYRlGI./T 205, ALEXANDER DESIGN GROUP, NC. 1·-e,• 21-0• F/Fi.?STFLOOR _!OPOF~R ATTIC !l ~ ' ''"'" □ ""'"" 2...CA8. ~ □ \.NEXCAYATED FIU.TOSL.Ae =~~~I- ,.J n..,.,..• 1V2"EA ,..,..,.,, ........ tM2. BQQtl. tE □ , .. OOR 2·)'6U6R.OOR OR I J' FOR IN•Fl.OOF< MEAT \NEXCAVATeP FlU. TO SLAB 6ASEl"l9IT TOPOI' SLAe ------ 401 EAST LAKE STREET WAYZATA, :MN 55391 Phone: 952.473.8777 FAX: 952.473,8222 !!) I Isl N 1~ ~ ill Isl !!l Q. w .. :,! {s 5 9l ~ Q ~ SQF!'IT ,fASCIA CQNSTSJCilct/, MAFIOIE ec<'l'IT UV COIT. -.err6. 5/41 • lr MIIU'TEC FA9CIA !SD &/41 • ) 1 1'1ll'tA'l'!C 1'M1 150 COP'l'RlGMT 201&, ALEXANDER DESIGN ~P. INC. 3 6U11.DING SECTION 18Ri5E'fii';S• 13/a"EA. ""'"""' •W"EA. ' LANO"° ' '' ,----1: ~======:::;1!! ~=-=-=-=-=-=-~I;! ----< n Ftl5ER$• 1"2"EA. "'"""'°" •lf)'EA. ~=======1, ': ---11 ,-----,' .., !~ i;~ ;li 'I' eepBQOMr; • !;' SJ!! ;~ FIR!TFt.COFI: ~qeueR.~ , .. ;li 'I' ~~ ~si ~~ <>ir BASEMENT TOPOF51.Ae '! .. ' 1'-0" 8 ~ "" ;.~ s ;:: "'"""' BASEMENT TOP Cf &.AB ------ EGRESS WINDOW 4,n DRAIN TILE COl'-NECTED TO DRAlNFlE:LD ----------~fNE ------ EGRESS FIT 3'-411 LADDER FER BUILDER ... -WI E.•\ST LAKE STREET WAYZATA, MN 55391 Phone: 952.473.8777 FAX: 952.473.8222 Ill I Q "' Ii () Ill ~ !!l Ii: w .. :! I ~ 9 al Addendum to request for Variance: Council Exhibit C City Council members-please review these added photos and survey to our variance packet. We encourage you to stop out and walk the lot anytime. Our building code does not allow us to build a tall deck or raised patio beyond the adjacent house setback line (AHS). If a patio is raised it cannot be in front of that line according to this code. Unfortunately for us, the code as written doesn't support the flip side of this. We believe the AHS line should extend to our neighbors raised patio as it is well above 42" off the ground. Please note it also has footings and is attached to the house. The way the code is written becomes the hardship for us as their fireplace and patio is imposing and creates a unique, unusual situation that we would ask you to consider for variance. In all of Alexander Design Group and Stonewood's years of working in Orono, we have never encountered an issue like this. We would greatly appreciate you taking the time to stop at our property and see this situation. Also, please note in consideration of the neighbor to the East, we have lopped off 1' -6" of the house in order to get their support and approval of this request. Attached is an updated survey. Thank you for your consideration. RECEIVED OCT O 7 2015 CITY OF ORONO / PROPOSEp ELEVATIONS PER ARCHITECT 1) Garage = jgs•.01 2) Top of foundation = j954.31 3) Mein floor = j956.51 4) Basement = I 945.6 I ~·. o · \ ~', (verify) EXISTIN G HOUSE "' ~::,,---;;/ ------✓---/ ~ / ~, / ~/ LEGAL DESCRIPTION OF PREMISES : (per Cert;ficote of Title No. 1220213) .._ _,,,_, Lot 35 ond the westerly 1/2 of Lot 34; and / -.,,.,,.,,-"'- / ---✓ All of the land lying between the above described property / and the shore of Lake Minnetonka on the South, and between .,,,,,...,-;,, the Westerly line of said Lot 35 and the Easterly line of ,., , said Westerly 1 /2 of said Lot 34 produced Southerly to ,✓ said lake shore; / All in Spring Park. • : denotes iron mar ker found (908.3): denotes existing spot elevation, mean sea level datum j910.a\ : denotes proposed spot elevation. mean sea level datum --917•-·: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon on assumed da tum. This survey intends to show the boundar ies of the above described property, the location of on existing house and garage, to be r emoved, and the proposed location of a proposed house. driveway. walk and grades thereon. It does not purport to show any other impr ovem ents or encroachments. 15-269A RECEIVED OCT O 7 2015 CITY OF ORONO / / / / / / / / / / LAKE MINNETONKA U P PER LAKE I hereby certify thot this plcn. specification. or report was flrepared by me, or 1.M'lder my direct supervision, ~ lo~ ~f~o s~re L~~e~~~ Su-veyor under OAT£ 7-7-15 Council City of Orono Exhibit D Hardcover Calculation Worksheet Property Address: 8 Prepared by: Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 -~--------------- Step 2: PR()POSED HARDCOVER) In the foflowing table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion Key to Hardcover Item (Describe) Survey /Examole) (Garaae\ A .; - B < :--,,/C, -:::D i::' z'.• "?'p C ,,:: / . D .(.4-c-: .. ,:,: E ./'/ F .· .:f .. G 1:::~c;11. r::sr {A✓'ClL. H Air P A/J I (;: ·/{./ P11u' J K ;{,/ .:':." .... . ,· • ;-_ •. ,:J',f' '/" L OCti .• i:~· •• ::'. p M , ;,r·>-~>;,r ~: ,-, ., .: ,. N 0 p Q R s T u V w X y z (1) Total Proposed Hardcover Excludable Hardcover (See City Code Sec 78-1684): (2) Total Excludable Hardcover (3) Net Proposed Hardcover rsubtract line (2) from line (1 )l ( 4) Total Lot Area Proposed Hardcover Percentage [ (3) + (4) J January 8, 2013 Length x Width (24' X 30') RECEIVED OCT O 7 2015 CITY OF ORONO I Total (Square Feet) /720 S.F.\ ~/St(' S.F. 5"5 S.F. 1'2.5 7 S.F. ·'5" ,.,., S.F. ¥7"7' S.F. R S.F. R S.F. ({ S.F. /j S.F. S.F. //R S.F. /5 •·· S.F. :i / S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S'.?-S-'? S.F. S.F. S.F. SF. S.F. S.F. ;~) ffi s::::~~t :l !.rS3 o F 0/~ .. 8 October 2015 Sven Gustafson Stonewood LLC 153 Lake Street Wayzata, MN 55391 SUBJECT: Zoning Application #15-3781 Council Exhibit E CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us On August 21, 2015 your application for variances for the property at 3185 Casco Circle was considered to be complete. Your application was before the Planning Commission on their September 21 st agenda for their review and a public hearing. The application will be before the City Council for their initial review on Monday, October 12th , however, due to the timing of the City Council's final review, the City is extending the time period for City action on application #15-3781 under Minn. Stat. § 15.99, subd. 3(f). Please note the time period for action on this application is hereby extended until December 19, 2015. As planned, your application is scheduled to be before the Orono City Council for their initial review this Monday. Please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us if you have questions on this matter. Melanie Curtis Planner Date Application Received: 08/19/15 Date Application Considered as Complete: 08/21/15 60-Day Review Period Expires: 10/20/15 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner l'Y1CC 15 September 2015 #15-3781, Stonewood LLC., o/b/o Harry & Belle Yaffe, 3185 Casco Circle Variance Public Hearing Council Exhibit F Application Summary: The applicant is requesting lot width, lot area and average lakeshore setback variances. Staff Recommendation: Planning Department Staff recommends approval of the lot area and lot width variances; the planning commission should determine if there is a practical difficulty supporting the requested average lakeshore setback variance. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Background Application Practical Difficulties Documentation Form Proposed Survey Proposed Plans and Elevations Submitted Hardcover Calculations Neighbor Comments Site Photos -by Staff Aerial Photos -Bing Property Owners List Plat Map The applicant is proposing to construct a new single family home on the property which is substandard in area and width. Additionally, they are requesting an average lakeshore setback variance in order to construct a 7.5' x 17' portion of the home (a one story porch) lakeward of the average lakeshore setback. Lot area and lot width variances are also requested. LOT ANALYSIS WORKSHEET Sections 78-350 & 78-1279 -Setbacks: LR-lC Required Proposed Rear/Street 30' 30.3' East Side 10' 10.3' West Side 10' Lakes ho re 75' I 10.5' I 131' #15-3781 15 Sept 2015 Page 2 of 4 Average Lakeshore The home is proposed to be situated 7.5 feet lakeward of the average lakeshore setback line. Section 350 -Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 21,530 s.f. (0.49 acre) 91' @ 75' / 98' @ OHWL Section 78-1403 -Structural Coverage: Total Lot Area Total Structural Coverage 21,530 s.f. (0.49 acre) Allowed: 3,229.5 s.f. (15%) Proposed: 3,227 s.f. (14%) Section 78-1700 -Hardcover Calculations: Storm water Total Area in Allowed Overlay District Zone Hardcover Proposed Hardcover Tier Tier 1 21,530 s.f. 5,382.5 s.f. 5,284 s.f. 1315 s.f. w/in 75' (25 %) (24.5%) Applicable Regulations: Lot Area/Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The property is nearly conforming with respect to lot area and lot width, however the applicant's request for an average lakeshore setback variance results in the property's inability to conform to #1 above. Therefore, lot area and width variances are required in order to redevelop the property. Average Lakeshore Setback Variance (Section 78-1379) The applicant has proposed to construct a one-story portion of the proposed home 7.5 feet lakeward of the average lakeshore setback. Governing Regulation: Variance (Section 78-123) #15-3781 15Sept2015 Page 3 of 4 In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot area, lot width variances requested are consistent with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comp Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of a 7.5- foot portion of the proposed home lakeward of the average lakeshore setback may reasonable so long as adjacent properties are not adversely impacted; there are mature trees separating the subject property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The lot area and lot width of the subject property were not created by the landowner. The proposed home and the proposed encroachment lakeward of the average lakeshore setback are the result of design choices by the applicant; and c. The variance will not alter the essential character of the locality. The lot area and lot width variances for a nearly conforming property will not alter the character of the neighborhood. The requested variance to permit the 7.5 foot portion of the screen porch may impact views of the lake currently enjoyed by the adjacent property owners. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot area and lot width are not uncommon in the surrounding neighborhood. #15-3781 15 Sept 2015 Page 4 of 4 5. The conditions do not apply generally to other land or structures in the district in which the land is located. Other properties within the Casco Point neighborhoods have similar lot areas and widths. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. While the average lakeshore setback is defined by the principal structures on each adjacent lot, the applicant has designed the lakeside of the home such to have a view of the lake past the neighbor's outdoor fireplace chimney. 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Staff finds this criterion to be met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has indicated that the outdoor fireplace chimney creates a practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that there is a demonstrable practical difficulty supporting the lot area and lot width variance requests. Regarding the variance to allow a 7.5 foot portion of a one story screen porch to be constructed lakeward average lakeshore setback the practical difficulty is not as clear. There is an extensive patio on the property to the east at 3195 Casco Circle which includes an outdoor fireplace chimney that appears to be approximately 8 to 10 feet in height. The average lakeshore setback line is measured by drawing a straight line between the most lakeward portions of the principal structure on each of the two adjacent lakeshore properties. However, the applicants have designed the screen porch to have views beyond the neighbor's outdoor chimney. Public Comments Comments from the property owner at 3195 Casco Circle have been received. Please see Exhibit F. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? PC ExhibitA 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 Application# /5-37? / Date Received: lf'-I 9 -/ ,s= Smff: ~ Fee: $700 = Renewal: $350 After-the-fact: $1,40t@Dot:ible~ Escrow Fee: $700 ~L This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: :Bs I t;; J ~'r ::-0..~ Phone ".\51---~-&::>l(of) ~ternate Phone: ___________ _ Complete Address: '2-:?oo ~ UJ, City, State & ZIP Mtf.JUG.T??t-J~ b1bJ SCS;,'P'::> Email: 1 Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): Packet Last Updated: August 2015 Page1137 81 RECEIVED AUG 19 2015 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclosed Applicable .0' □ Variance Aoolication Fee □ Z.,,,-Escrow Aareement, signed and Fee □ .E'.] Pre-Aoolication Form J2I -□ Variance Aoolication Form ~ □ Practical Difficulties Form t?" □ Certified Property Owners List _12"" □ Survey (meetino ALL requirements) .2r □ Proposed Plans .,a-□ Hardcover Calculations □ ....EJ'" Seotic Svstem Site Evaluation Report □ .,,eJ" Minnehaha Creek Watershed District (MCWD) Permit or -Documentation from MCWD statina no oermit is reauired ..z -□ Adiacent Property Owners Acknowledgement z □ Data Privacy Advisory Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigne o your ro·ect. Applicant's Signature: Applicant's Signature: Owner's Signature: Owner's Signature: Packet Last Updated: August 2015 Page 12 Date: <S-(9-lS Date: 8 -a-,s-- ~-19-15"' # 3781 RECEIVED AUG 19 2015 CITY OF ORONO Practical difficulties form 1. The property owner proposes to build a modest home (in context of others in the neighborhood) in the character of the size of the property. The owner proposes to build a home the conforms with hardcover, structural coverage, building height and all other zoning requirements, except those requested in this variance. 2. This property currently has a home upon it that is closer to the lake, encroaching 8' further into the adjacent lakeside setback than the proposed home. The location of the proposed home conforms, except 7.5" of the porch on the left hand side of the property. The requirement of the lakeside setback is determined by the location of the existing neighboring homes. To the left, a large fireplace exists that was built without permit or permission of the city. While it created a visual impediment from the subject property, the wording of the code does not recognize the structure as a defining point of the lakeside setback. 3. The variance, if granted, will not alter the essential character of the neighborhood. Our proposed home location, while ahead of the adjacent lakeside setback, is further away from the lake than the currently existing home by 8'. The subject home is older than the flanking homes and should be considered an anchor of the neighborhood's character, more so than the flanking homes. 4. Economic considerations are not being proposed as a reason for the granting of this variance. 5. Pulling the home further between the flanking homes will limit, to some degree, access to direct sunlight. However, sightlines to the lake are of primary concern in our request. 6-8. Do not generally apply to this request. 9. The conditions do not generally apply to other land or properties of structures in the district. The home to the right has views that are intentionally focused further to the right. The requested location of our proposed home will not affect their view of the lake. The home to the left incorporates a very large fireplace structure that will impede our home's view of the lake if restricted to the ordinances' required lakeside setback. 10. The granting of this variance is necessary to preserve the property owner's views of the lake. The lakeside garden walls and fireplace will prevent direct views and were built contrary to zoning ordinances. Additionally, the buildable depth of the site restricts the ability to build the desired configuration of the home, facing the garage doors perpendicular to the street, versus facing the street. We feel this configuration is more desirable and provides a more favorable street scape than 3 street facing garage doors. 11. The granting of our request will not impair health, safety, etc ... 12. The granting of this variance will not merely serve as a convenience to the applicant. PC Exhibit 8 RECEIVED AUG 1 9 2015 # 3781 CITY OF ORONO CERTIFICATE OF SURVEY FOR HARRY YAFFE IN LOTS 34 & 35, SPRING PARK & VACATED LAKESHORE A VENUE HENNEPIN COUNTY, MINNESOTA PROPOSED ELEV A TIONS PER ARCHITECT 1) Garage = 1954.0! 2) Top of foundation = 1954.3! 3) Main floor = 1956.5! 4) Basement = !945.6! EXISTING HOUSE #3165 "" (95'1.7) RET. WALL / / /'2> / ~/ / 6)/ LEGAL DESCRIPTION OF PREMISES : (per Certificate of Title No. Lot 35 and the westerly 1 /2 of lot 34; and X / 1220213) / \ ,,,✓ / /,,✓.x. .. __ / /t,/ ,,,✓/ All of the land lying between the above described property and the shore of Lake Minnetonka on the South, and between the Westerly line of said Lot 35 and the Easterly line of / said Westerly 1/2 of said lot 34 produced Southerly to said lake shore; All in Spring Park. • : denotes iron marker found (908.3) : denotes existing spot elevation, mean sea level datum _,,/ / / / / !910.8) : denotes proposed spot elevation, mean sea level datum -917· --: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house and garage, to be removed, and the proposed location of a proposed house, driveway, walk and grades thereon. It does not purport to show any other improvements or encroachments. / ~~<; ~) '!fo~'., l~ ~· 0~ If,•; ll-+-10 8-18-1!5, ADJACENT PATIO SHOWN PROPOSEIJ H0US<, ORV£WAY ,,., QRAOf;S SH01W< GRONBERG AND ASSOCIATES, INC. / / / / / // /~✓ ,,,✓/ ,,,✓-::-// /// / / / / // /! /// / ~) // / / I / / ···• ..... 929.4 CONTOUR LINE (0,H.W.) LAKE MINNETONKA UPPER LAKE I hereby certify that this plan, specification, or report was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the lows of the State of Mimesota. SCALE 1"=20' I I It f .. CONSULTING ENGINEERS, LAND I SURVEYORS., & SITE PLANNERS Au...-,, /_/. 445 NOKTH WILLOW DRIVE 1 -~,...-~~~~~..::;.,,::;;~::$2!!!!':!::£:::::!:::::==:;,--,=:-I LONG LAKE, MN. 55356 r • DATE 7-7-15 JOB NO. 15-269A 952-473-4141 Mark $. Gronber11 15-269A / / / / # 3781 RECEIVEC AUG 1 9 2015 CITY OF ORONO "O (') ~ :,- CT ;::..: (') ~ ~-r-~···\ ::::. . ... ~ ·•-.:. . .. . •: ••••• !:::l' .. ···•·····•············ ~ .,, .I B . 0 '<' &> ~ ~ r ,o.•f,2.-•~·1 kl --~-------;~------.......,, S 2 8 o 1 §,' 11 " E t---3131'.o.o --~~~.L-~ 1 11 •• ss "' ~ A..' ~, I I Q.,"'t' I I I \ ~ __ j_~ C5 ~ 7 -- \ I I t_'J I ;q \ I , I \ I \ \ \ \ \ \ \ \ \ 212.91 \ 0..._, n·4 I I I . i~ I . . I : : ... ., 1' ...... Cr:: ; L . .J ( .L) I ! . i •• ?I·· : : i t .. :....{. -~ ....... • . .• ·1·····-. I••••••• " ••• : . . . : . :. . ;t ··::::. .. •" -r..···: : I : •• • ...... • • .er,. •••.• . : ·f···: . I : ( ":= .l .... L~LJ ····:· .. 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If _____ _ :• r~-:-r-----r '7 :j u ~"it 'L'\r,::):!:::=i; '=.i:=:::;i----t------;z;;;;;;;;;;;------tr--i-nt ,' ' ~Q~~ l ~ ~~. • , rn a ~ WON1E>-s:: ~ ~ -,::J_ 1 :l, o ! lffl a ~~:I --;:...::::_ tis I -J ; ,~:::::::n_ --------------~~~~i====~ --1 ii ir---- ,,- ) ! I II I =~=J 0 = 0 z w = i ::! "" ~ 0, 0 <X w LL u C!:) 0 I' w :=, E: 0:: < u N' =l:t ALEXANDER DESIGN GROUPi 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence RECEIVED ., 0 t'.!1~ REVISIONS OF ORONO ~ MM/DD/YY REMARXS• 0 oS/14 /15 3d mustrations 0 2 08/>9 />s ~""'"""' addro < # 378 ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence _ALE'xANDER . qESIGN G.ROUP • ' Copy Wght Mf5 RECEIVED REVISIONS MM[DD/YY I REMARKS 11 o8L14/~dlllustrations 2 I 08/19 /1§_ ! elevations added ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence REVISIONS MM/DD/YY REM.ARKS 1 08/14/15 3dlllustrations 2 08/.]Jl_l§_ elevationsadded RECEIVED AUG 19 2015 :WO-~! # 3781 ALEXANDER DESIGN GROUP' 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence REVISIONS MM/DD/YY REMARKS 08/14/15 3dillustrations 2 oSf~'i/§ elevations added :,r .. .. RECEIVED C~O~O~OJ;I ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Front Elevation No Scale Yaffe Residence RECEIVED AUG 1 9 2015 UO(~'i/>;:, .,,,av<1UUUl>dU ~ 1 ~ REVISIONS I OO MM/DD/YY REMARKS 0 : I ~~~~~~ b-~~~:':'.. _________ __, 0 ~~ ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Right Elevation No Scale Yaffe Residence REVISIONS MM/DD/YY I 1U!MARXS 1 I oa/14 /15-3d IDustrations 2 I o8~j'l§. elevatioru; added RECEIVED AUG 1 9 2015 ALEXANDER DE.SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Rear Elevation No Scale Yaffe Residence MM/DD{YY 1 1 08/14/15 l3dillustrations 2 I 08/~15 ! elevations added REVISIONS REMARKS RECEIVED AUG 1 9 2015 TV OF ORI # 378 00 0 0 < ALEXANDER DESIGN GROUP, ' ''\, !l il!'t ~ 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Front Elevation 1/8 11 = 1'-0" Yaffe Residence RECEIVED AUG 1 9 2015 CITY OF ORONO ---~ -:C= •-o:.. ~ 11 : I l ! 08/14/15 3dlllustrations 2 I 08/~9/~ elevationsaddeu :H ~7 Q1 ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Right Elevation 1/8" = 1'-0" Yaffe Residence RECEIVED AUG 1 9 2015 CITY OF ORONO REVISIONS rn -~~ REMARXS ~ 1 08/14 /15 3d Illustrations 0 ' 08/>9 /'5 ~""ti= added < # 17R1 ALEXANDER DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Rear Elevation 1/8" = 1'-0" Yaffe Residence RECEIVED AUG 1 9 2015 CITY OF ORONO REVISIONS rn ,-! MM/DD/YY REMARKS r--1 08/14 /is 3d Illustrations 0 ' 08/>9/,s ,J,.,.tion.,ddM < i ~7R1 I • PC Exhibit E City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step2:~ ln the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage r i h rf separate ✓ or eac PO 1On. Key to Hardcover Item (Describe) Length x Width Survey /Examole\ /Garaae) (24' x30') A ,,e/4PU.F€ B Cov(-f 1?. «:;0 G ,,,,,-ri? 'ff C ,;fJ A'/ t,,fl{',,t , •• 4 y D µy.,..,yfL I< E .#41"'/t'J F /:'G/:lf.JI" f;,1.11P"'I t G H I J K .U/ 1144 _,,P/'A ,1 if. t:,,,LJ ,fl ¥ L IJ;i:t:Jt L1" j"JJPM r; M .,J'7.:~:-.~ ,IJ,,.,;,e4fP"',$'' N 0 p Q R s T u V w X y z (1) Total Proposed Hardcover Excludable Hardcover (See City Code Sec 78-1684): (2) Total Excludable Hardcover (3) Net Proposed Hardcover rsubtract line (2) from line (1)1 (4) Total Lot Area Proposed Hardcover Percentage January 8, 2013 [ (3) + (4)1 a-~~t;fs'.~VED SEP 1 7 2015 CITY OF ORONO Total (Square Feet) <720 S.F.\ :;,,17 I S.F. 51;, S.F. /2.57 S.F. 52 S.F. 1/2? S.F. s S.F. S.F. S.F. S.F. S.F. //8 S.F. /66 S.F. ~ / S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 5281/ S.F. S.F. S.F. SF. S.F. S.F. 0 S.F. 5':U/ty s~ Zl.#'S".1' o s. % September 16, 2015 City of Orono ATTN: Melanie Curtis Orono Planning Commission 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Dear Melanie This will confirm my understanding from the Notice we just received and our conversation this morning that the City will hold a public hearing in respect to the proposed zoning variances for the development at 3185 Casco Circle. We are the neighbors next door directly to the east at 3195 Casco Circle. I am requesting the Commission to receive and review our comments and opinions on Monday at the Hearing. Since we have just received the plans this week, and may need to consult with surveyors, architects and other experts to understand properly the potential impacts on our property, the additional few days give us the necessary time for thoughtful consideration and response. More importantly, these few days will enable us the opportunity to work with the new owners and builder on a possible solution that would not impede our existing lake views. Thank you for your patience. Respectfully, Deborah Callahan 3195 Casco Circle PC Exhibit F CITY OF ORONO PC Exhibit G ' . · ...... \11,'.J.t.;t..'t,'--0..' .. .1'.'·. ,, .. \'. ~fftw.:'i1f[,-i/?.': .. \ ;-1:irlr,>..--..... 'i' -'"_-~.; :,,?: '.!\~·,;t!ff,::• ,<-'··+. , {M!&l ·,:: trt ·•e -:_~·l\1)i~1 .. ·-•\\II~\ N_1·1_t,:~_W t~k\\1\1 -..~.--~i{ -,:., . _ _2:::~:::::;~ -s ,, ·\S-11~): 1 ~·,:-'\ .. ,1U~;:l\ ~ ~..... ~ :-Ji\;~~}) ~ . a..... s-·~i~ ... __ . r-"'w 1'' ';..., .. --,, -"' -~.... --.,.~·•. --~ <:\', ,-_,\• -,;> ~-"'. ~: •,, '• . •· -~-~-?'-; ~•':< <.' •t~~x.'.-;;· .;<,~;:-.~-'l{,7)./ff,J}f('j1!,,:.'.'. .. ·, · · · ... , ... -::::~ ~.i: ::~::~;;,~;I;;;;;;Iii:·~; f l~~;/:1 ·/2015 1 t • • If.•.'.,', ._ • ' ., ~ ,I I 'j \' 'I • I t, • -'•~-. ••. ;' ,' _... \ I, ,l \• \ ,._ •, I '·' ~ ,. I, •. ·•, ,.,' PC Exhibit H RUN DATE: 08/18/2015 38 20-117-23 43 0022 CHERYL A STEARNS ET AL 3205 CASCO CIR DOUGLAS HA WKJNSON 3205 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 E STRATTON & D CALLAHAN 3 195 CASCO CIR EARL STRATTON DEBORAH CALLAHAN 3 l 95 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0024 BARRY NORDSTRAND 3185 CASCO CIR BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 43 0025 BARRY NORDSTRAND 3185 CASCO CJR BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 5533 l 38 20-117-23 43 0026 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) W D ARMSTRONG/KS ARMSTRONG 3165 CASCO CIR WARD D ARMSTRONG KATHLEEN S ARMSTRONG 6898 EDGEBROOK PL EDEN PRAIRIE MN 55346 38 20-117-23 43 0027 ALAN G CARLSON 3155 CASCO ClR ALAN G CARLSON 2411 WOODWINDS LANE WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSlGNED ClTY OF ORONO PARKS PO BOX 66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN A CCU RA TE AND TRUE REPRESENTATJON OF JNFORMATJON PC Exhibit I AS IT APPEARS THIS DATE ON THE RECO1RD>),-Ftt-'-'llCI.IF 'AL ESTATE SERVJCES DEPARTMENT. DATE: 8" /1 8 l/;~Y: -·~_;;,.:::..i....:::;~a::::::1r;...:::::::._;_,r.:.~~~~~--- RECEIVED AUG 1 9 2015 CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) wi.r L &Ms-t-.-rJrf [print name(s) of s11o<;"' ( ... 5,_ Ctrc..(-i...- [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 31 <6{ ( --.c;, t1 also referred to as Land Use Application No. :f j D I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Pr~~ t{j{ 7 (t 5- Date/ Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. ********rk*********************************************************************************************************************** ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. Packet Last Updated: August 2015 Page 15 RECEIVED AUG 1 9 2015 CITY OF ORONO # 3781 H Hennepin County Locate & Noti1y Map PC Exhibit J Provided By : Resident and Real Estate Services Department 1) 10) - (7) (30) (29) (28) (27) 20-117-23-4 Buffer Size: 150 feet Map Comments : 3185 CASCO CIR Casco Point Park (31) 20-111-23-43 29-117-23-12 29-117-23-12 RECEIVED AUG 1 9 2015 CITY OF ORONO Date : 8/18/2015 (13) (14) 0 60 120 I I I I I ------- (5) (2) 240 ft I I For more information contact : Hennepin County GIS Division 300 6th St reet South Minneapo lis , MN 55487 gis .info@hennepin .us # 3781 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Council Exhibit G Mike Larson stated this facility would not be the first dog facility in the Twin Cities to abut up against a residential neighborhood. Lisa Larson noted one-third of the Ado go lot near Ridgedale is next to residential. Mike Larson noted they did submit some information on indoor dog facilities in the Twin Cities and that they do exist near residential areas. Thiesse stated he appreciates that, but the Planning Commission just received that information this evening. Leskinen asked if they would be okay with the application being tabled. Lisa Larson stated they understand traffic is an issue and that.it is likely there would be four cars at peak time. Larson stated they could post Blain~ Avenue no parking, which would force the people into the parking lot. Larson stated they could also take a look at putting the. entrance on the northwest side. Barnhart stated in his view it is not an attractive spot to park given tile amount of traffic. Barnhart indicated he would like to visit with the applicants a little bit more to see what can be done to address the concerns raised tonight and fuen bringthe application back next month. Schoenzeit recommended they also revisit the amount of staffing. Lemke moved, Schoenzeit seconded, to table Application No. 15-3780, Michael and Lisa Larson, 3596 Shoreline Drive. VOTE: Ayes 6, Nays 0. {Recess taken from 9:42 P.M. -9:48 P.M.) 9. #15-3781 STONEWOOD, LLC, ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES, 9:48 P.M. -10:17 P.M. Sven Gustafson, Stonewood, LLC, and Kathy Alexander, Architect, were present. Page 42 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Curtis stated the applicant is requesting lot width, lot area, and average lakeshore setback variances in order to construct a new single-family home on the property which is substandard in area and width. The average lakeshore setback variance is being requested in order to construct a one-story 7. 5' x 17' porch on the home lakeward of the average lake shore setback. In reviewing the application, Staff finds that there is a demonstrable practical difficulty supporting the lot area and lot width variance requests. As it relates to the variance to allow the one-story screen porch to be constructed lakeward of the average lakeshore setback, the practical difficulty is not as clear. The average lakeshore setback is measured by drawing a straight line from the most lakeward portion of the principal structure on each side of the two lake shore properties. There is an extensive patio on the property to the east at 3195 Casco Circle which includes an outdoor fireplace chimney that appears to be approximately 8 to 10 feet in height. However, the applicants have designed the screen porch to have views beyond the neighbor's outdoor chimney on the property to the east. Staff understands the applicants and the owner of 3195 Casco Circle met over the weekend to discuss the average lakeshore setback variance and may wish to discuss a modification to the plan. Curtis stated she will let the applicant address that. Staff recommends approval of the lot area and lot width variances. The Planning Commission should review the issues outlined in Staffs report, hold the public hearing, and then make a recommendation to the City Council. Staff recommends the following conditions be required: 1. The subject property exists as two separate tax parcels currently. The two parcels should be legally combined prior to the issuance of a building permit for the proposed home. 2. The applicant's architectural plans appear to reflect additional raised patio areas lakeward of the proposed porch in their renderings. However, the survey does not suggest additional patio area. All proposed patio areas should be clarified prior to the City Council meeting. If elevated, they should be located behind the average lakeshore setback line so as to not result in additional encroachments. Page 43 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. The Planning Commission had no questions for Staff. Sven Gustafson, Stonewood, stated it is actually a four-season porch that is being proposed. The patios are not raised and are just an artist's conception. Gustafson stated the patios should be a nonissue. Gustafson stated the basis for the request is that the fireplace to the east is lakeward of the primary structure at 3195. To a certain degree the fireplace blocks the angular view through that property. Gustafson indicated they are pulling the home back approximately seven feet back from the existing home as well as lowering the height of the portion that would be in front of the average lakeshore setback. In addition, the only portion of the house that is in front of the average lakeshore setback line is the four season porch. The rest of the home is well behind the average lakeshore setback line. The project does meet the approval of the neighbors. The neighbors to the east have requested the home be moved back a foot and a half toward the street. Gustafson stated they are open to that but it would require a street side variance by that same footand a half. Gustafson indkated that would result in pulling the home a little more into compliance on the lakeside but then into noncompliance on the street side. Gustafson noted they are improving the encroachment on the lakeside considerably. Kathy Alexander, Architect, stated part of the reason for the request is the fact that the fireplace is a rather large structure and it does block the view from the subject property. Curtis displayed a photograph of the fireplace structure. Gustafson stated it is their understanding the fireplace was constructed prior to the current property owner without a permit or City approval, and even though it is a structure with footings, it does not qualify for the average lakeshore setback since it is not the primary structure. Chair Leskinen opened the public hearing at 9:55 p_.m. Harry Yaffe, property owner, stated they came up with a solution with the neighbor. Yaffe stated they are asking for 7.5 feet but they would be okay with sliding the house back an additional foot and a half, which Page 44 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. would require a street variance. The Armstrongs on the other side of the property are fine with the project. Yaffe stated he hopes the Planning Commission entertains that compromise. Berg asked if he is looking at moving the house a foot and a half back or wanting to proceed with what is before the Planning Commission. Yaffe stated he would like the Planning Commission to consider the neighbor's request as part of their overall application. Gustafson stated the reasoning for the foot and a half is that it puts the proposed garage into line with the street setback of the current garage. Gustafson stated that would help shield the neighbor's garage and is a better placement. Landgraver stated they are now looking at a. 6-foot encroachment into the lakeshore. Yaffe stated the modified request would be to go with the six feet. Lemke asked why they did not slide it all the way back, Gustafson stated they currently abut the street setback. Thiesse asked ""'hat would happen if they mo:ved the house back six feet so it is in compliance on the back side. Yaffe stated they would lik:e to be as close as they can to the lake and that the neighbor is in agreement with the six feet. Yaffe noted it would only apply to one section of the house and not the entire house. Yaffe stated the proposed house is being moved about eight feet further back than the existing structure. Gustafson stated as the house is pushed further back, the view from the porch becomes the back of the large fireplace. Page 45 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Debbie Callahan, 3195 Casco Circle, stated she invited the Y affes over to discuss the project and to figure out what everyone can live with as a compromise. Callahan stated the proposed house will come over ten feet closer to the property line and currently that area is all open area. Callahan stated she can live with that but her real concern is the view of the lake. Callahan stated they spend the majority of their time in the room on the lakeside of the house, and by asking for that extra foot and a half, thy can still have a lot of their sightlines and also accommodate the Y affes. Callahan stated that compromise still gives the Yaffes their sightlines to the lake and helps to preserve hers. Chair Leskinen closed the public hearing at 10:07 p.m. Schoenzeit noted this is a clean sheet design and that the applicants should design a home that meets all the requirements wherever possible. Schoenzeit stated there is space between the bituminous and the property so the encroachment is still more than 30 feet. Thiesse stated it is an improvement over what is there. Schoenzeit stated he understands that, but since it is a clean sheet, there is no reason to put it in front of the average lakeshore setback line. Schoenzeit stated the variance to the average lakeshore setback variance should be eliminated since there is no compelling reason to grant it. Berg stated she would not want to look at the fireplace. Schoenzeit stated the question comes down to how many degrees of view someone is entitled to and which windows the view should be from. Schoenzeit stated if the neighbor put in a row of trees that grow to a height of 50 feet, the City would not require them to be cut down to improve the lakeshore view. Leskinen asked if the chimney is ahead of the average lakeshore setback. Curtis stated the average lakeshore setback for that house is not measured from the fireplace but it does encroach into that zone. Thiesse stated the applicants are well behind the 75-foot line and the average lakeshore setback is set to not cause a serious encroachment to the neighbors' view. Thiesse noted the neighbors have agreed this is Page 46 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. not an encroachment to their view. Thiesse stated he does not find the average lakeshore setback as rock solid as the 75-foot setback and that he does not see the encroachment into the average lakeshore setback as a problem since the neighbor has indicated she is fine with it. Landgraver stated then the house on the other side would be able to expand further in the average lakeshore setback. Thiesse stated this is a location where everyone is happy and the 75 feet from the lake is still being maintained. Thiesse stated in his view this is a happy median. Le skin en asked whether they would be creating a practical difficulty for someone down the road if the Planning Commission granted the six feet. Thiesse stated in his view they are not. Curtis stated it is being moved closer to the lake, which would give the neighbor a larger average lakeshore setback. Leskinen asked if the Planning Commis~ion should review a formal plan to grant the street side setback. Curtis stated in her view the Planning Commission do~s not have to and that the Planning Commission is discussing ittonight at the public hearing. Curtis stated the people who are interested in the project are in attendance tonight. Leskinen stated she does not have any real opposition to the project. Thiesse stated the Yaffes' view is hindered by a noncompliant stone fireplace on the neighbor's property. If the house is pushed back the extra six feet, which would put them in compliance with the average lakeshore setback, there would be an obstruction that has been built that blocks their view. Schoenzeit stated the only reason the City takes that into consideration is the fact that it is inorganic, and that if it were a set of trees that the neighbor had planted in that same area, that would not matter. Page 47 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Landgraver stated the average lakeshore setback is a rule or a standard by which the City measures things, and he has not heard any reason why a four-season porch should encroach into that. Landgraver stated he is concerned that the next group will come in and say that both of their neighbors are okay with it and that the City should go ahead and approve it. Lemke stated he also has that same concern. Thiesse stated the average lakeshore setback was implemented to protect people's views. Thiesse stated in his mind it is not a big issue since the neighbor is fine with it. Thiesse stated the City should be more concerned with people staying 75 feet away from the lake. Berg stated the two neighbors have come to a compromise and have presented it. Leskinen stated the guidelines for the average lakeshore setback help determine whether something should be constructed in that zone, and if they are not blocking anyone's view, it is not an issue. Landgraver stated he is also concerned about allowing a noncompliant structure be the basis for granting the average lakeshore setback variance. Schoenz.eit. stated the justification is not because of the fireplace, but, according to Commissioner Thiesse's rea,soning, by putting it there, they are not hurting the neighbors. Schoenzeit stated he does not want the next person to say the neighbor has a structure in their yard so I want to go in front of it. Berg stated the neighbors have come to a compromise and they are willing to accept it. Leskinen stated her only question is whether the four-season porch is going to be the practical difficulty for the next person. Leskinen stated the problem is the large structure is obstructing the view without the average lakeshore setback being measured from that point. Schoenzeit noted the view of the fireplace is only from the side windows and not the back windows. Page 48 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Lemke stated he tends to agree with Commissioner Landgraver and that he has not seen any practical difficulty for it. Thiesse stated they are improving the situation but not improving it completely. Schoenzeit stated when someone constructs a new house, they need to fix as many noncompliant items as possible. Leskinen stated the obstruction of their view is not something the applicants can correct when it is not part of the average lake shore setback. Leskinen stated at first she did not believe it was a practical difficulty but has since come to the conclusion that itis. Schoenzeit stated the Planning Commission would not take into account the fact that three evergreen trees were planted on the neighbor's property when considering the average lakeshore setback. Thiesse stated he can see Commissioner Schoenzeit' s point but that this is a peculiar case that got compounded when they moved the. house further back. Thiesse stated the stone fireplace is in the way. Berg indicated she agrees with Commissioner Thiesse. Leskinen stated this is anunusual situation and that she does not believe it will set any unusual precedent. Thiesse stated the average lakeshore.setback is protecting the view of the neighbor only and not environmental to anyone. Thiesse· stated the average lakeshore setback is not as tight as some might think and that he is more concemedwith the 75-foot setback to preserve people's views. Schoenzeit reiterated it is new construction and the house should be as compliant as possible. Leskinen stated she would rather grant an average lakeshore setback variance rather than a street setback variance. Page 49 of 68 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Berg moved, Thiesse seconded, to recommend approval of Application No. 15-3781, Stonewood, LLC, on behalf of Belle and Harry Yaffe, 3185 Casco Circle, granting of lot area, lot width, and average lakeshore setback variance for a 6-foot encroachment and a variance allowing a 1.5 foot encroachment into the 30-foot rear setback. VOTE: Ayes 3, Nays 3, Schoenzeit, Landgraver, and Lemke opposed. Commissioners Landgraver and Schoenzeit stated they are opposed to the average lakeshore setback vanance. 10. #15-3782 ROBERT AND MONIQUE KANTOR AND STEPHEN OTTO, 2165 AND 2185 WATERTOWN ROAD, LOT LINE REARRANGEMENT, 10:17 P.M. -10~32 P.M. Robert Kantor and Stephen Otto, Applicants, were present. Gaffron stated the Kantors are preparing to sell their home and have agreed to sell Steve Otto a portion of their property. The application before the Planning Commission is requesting a subdivision for a lot line rearrangement resulting in detachment of a 0. 70 acre parcel from 2165 Watertown Road and reattachment to 2185 Watertown Road. This would result in 2165 remaining conforming at 2.0 acres dry buildable and 2185 Watertown to increase to 1.5 acres dry buildable. Access to the developed parcels in this neighborhood is unique and consists of a primary access for the four properties at 2075, 2145, 2165, and 2185 Watertown Road via Outlot A. The applicants have submitted septic testing indicating the existing system for 2165 is in compliance and the alternate site remains available. A wetland delineation has also been completed and indicates that the properties involved contain 0.20 acre of wetland, which will all be part of the 2185 property upon completion of the lot line rearrangement. Staff recommends approval of the lot line rearrangement subject to the following: 1. The applicants granting new drainage and utility easements along the new lot boundary; 2. The applicants submitting a copy of the wetland delineation report to the City; Page 50 of 68 Addendum to request for Variance: City Council members-please review these added photos and survey to our variance packet. We encourage you to stop out and walk the lot anytime. Our building code does not allow us to build a tall deck or raised patio beyond the adjacent house setback line (AHS). If a patio is raised it cannot be in front of that line according to this code. Unfortunately for us, the code as written doesn't support the flip side of this. We believe the AHS line should extend to our neighbors raised patio as it is well above 42" off the ground. Please note it also has footings and is attached to the house. The way the code is written becomes the hardship for us as their fireplace and patio is imposing and creates a unique, unusual situation that we would ask you to consider for variance. In all of Alexander Design Group and Stonewood's years of working in Orono, we have never encountered an issue like this. We would greatly appreciate you taking the time to stop at our property and see this situation. Also, please note in consideration of the neighbor to the East, we have lopped off 1'-6" of the house in order to get their support and approval of this request. Attached is an updated survey. Thank you for your consideration. ~ 0 ~ PROPOSED ELEVATIONS PER ARCHITECT : (verify)\. 0' . \ ~- 1) Garage = 1954.0J • 2) Top a,t foundation = !954.3! 3) Main floor = l956:5I 4) Basement = j945.6j EXISTING HOUSE / /;~ ./ ~ // ()'>/ / ,\ ,,,,,,.. LEGAL DESCRIPTlON OF PRCM!S£S : (per Certificct• of Title No. 1220213) . / / ►,.-, / / ;,_;/ --....... ,."' / / .;; --... ,. All of .the lond lying betwee.'\ the above described property / ✓.~ ' lot 35 and the westerly 1/2 of Lot .34: and and the >more of Lol<e Minnetonka on the South.' and between _,,.-,/ the Westerly line of soi.d Lot 35 and the Easterly line. of .,. said Westerly 1/2 of said Lot 34 produced Southerly to soid lake shore; All in Spring Pork. • : denotes iron marker :found (908.3) : denotes existing spot elevation, mean sea level datum 1910.81: denotes proposed spot elevation, meon seo level dctJm ---917· --: denotes existing contour lin.e, meon seo leve~ datum ~: denotes proposed contour line, meon seo level datucn Bearings shown ore based upon on assumed datum. This survey intends to shew the boundaries of the above described property, the locoti-on of -on existing house cind .garage, to be -removed, on_d the proposed locctian of _a proposed house, driveway, walk and grades thereon. It -does not purport-to show ony other improvements or encroachments. 1-4-l~ ~f'A'h:)SfJl'/!!i ►11-~ PRdPC!lll+o.lit.~YNCQIV,IXS~ e--21-1,-IIEYl!SS; AVl'ltAtl[ ~~ lK ~1$ ~HCl&t ,.s·) 15-2698 GRONBERG AND ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVE4!f~T~y[~ ~NNERS LONG LAJ<E, ""'-55356 95,'2-473-4141 LAKE MINNETONKA UPPER LAKE r 12755 '°' ""· 15-2698 City of Orono Hardcover Calculation Worksheet Property Address: CAfr:o C' Prepared by: Stormwater Quality Overlay District Tier: (Circle one) (Jier 1) Tier 2 Tier 3 Tier 4 Tier 5 "~~j,-'"- Step 2:<eROPOSED HARDCOVW ~"""-'-· ~•C~~,.,,,-•-•-,-• In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form), Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage I f h . separate ' or eac portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Examole) (Garaae) (24' X 30') l720 S.F.\ A /../t"IU.J:€ "'::/,IS;;" S.F. B Ct>Vtt?.FLJ ,::::-,.,,.rJl: 'l' .::rt; S.F. C /,1.# I!/{'/ u.:I 'I' /ZS7 S.F. D l"JA,~f< 52. S.F. E ,.P.,f t '/ tJ ~7 ~ S.F. F e;I!: f: ,r ;-f✓;r£.( Fl S.F. G ,t;,:;/l, GJ' J' Wf:'t.l,. 8 S.F. H ,,f/ <' jJ A tJ 6 S.F. I CreM flAv // S.F. J -S.F. K I ,,I/ ;,pt~ .·J J"';r',,.1 ,, A U/ ,,i o/ //8 S.F. L IJl:fk 47 J ,ll./:hl ~ /6'6 S.F. M J:;IP.?1"-~ A ,,,,,:£c .1J tr i:i .!I / S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total Proposed Hardcover S" i'!/_3 , S.F. Excludable Hardcover (See City Code Sec 78-1684): S.F. S.F. SF. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover fSubtract line (2) from line (1)1 ·. S-3 <,,::s S.F. ( 4) Total Lot Area 21.,..5'3 (I S.F. Proposed Hardcover Percentage [ (3) + (4)] % January B, 2013 CERTIFICATE OF SURVEY FOR HARRY YAFFE IN LOTS 34 & 35 , SPRING PARK & VA CA TED LAKESHORE A VENUE HEN NEPIN COU NTY , MINNESOTA I'. 1,\,'a- ~ s~'fl£: -C ~,,_,~1>.' 'O r:\,>Y 1 €> ·· s \\."v 1"'· C .. x. e,O ,,, .. , to ~-:i Q ....... , .~ \ -~ ---{;•Orro,, CKO.Jl , A.Oar"')'"-~ I ~ \ i -:.,¢' ·. , ..,.,.._,o I .,,,-o / ~ / PROPOSED ELEVATIONS PER ARCHITECT (verify) 1) Garage = 195•.01 2) Top of foundation 3} Mein noor = 1956.5 1 4) Bosement = 19<5.61 = 1954.31 EXIS TING HOUSE / / , _,,,,:>-;; ,' / ~ / ~ / a:/ / LEGAL DESCRIPTION OF PREMISES : (pee CerUficote of Title No. 1220213) \ ,,,,., L ot 35 ond the westerly 1/2 of Lot 34; and / ,,.,,,.,,,.,-"'-. / ,,,.,,..,,, All of the land lying between the obove described property ,,... and the shore of Lake Minnetonka on the South, end be twe en ,,,,..,,,,,.,..,. ., " the Wester ly line of said Lot 35 and the Easterly line of said Westerly 1/2 of said Lot 34 produced Southerly to said lake shore; All in Spring Pork. • : denotes iron marker found ,.- (908.3) : denotes existing spot elevation, mean sea level datum 1910.8/ : denotes proposed spot elevation, mean sea level datum --917· --: denotes existing contour line, meon sea leve l dotum -tlQi}--: denotes proposed contour line, mean sea level datum Bear ings shown ore based upon on assumed datum. / This sur vey int ends to show the boundaries of the above described propert y, the location of on existing house and gorage, to be remo ved, and the proposed location of o proposed house, driveway , walk and grades thereon. It does not purport to show any other improvemen ts or encroachments. 15-269A / / / / , ,. / ,. / / LAKE MINNETONKA UPPER LAKE NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Sven Gustafson Stonewood LLC 153 Lake Street Wayzata, MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: 21 September 2015 COPIES via email: ZONING FILE: DATE OF NOTICE: Sven Gustafson Kathy Alexander Harry & Belle Yaffe #15-3781 21 Sept 2015 The Orono Planning Commission on a motion to recommend approval the application as modified to allow a 6' encroachment into the average lakeshore setback; 28.5' setback from the street lot line; and lot area and lot width variances with the following conditions: 1. The two parcels should be legally combined prior to the issuance of a building permit for the proposed home. 2. All proposed patio areas should be clarified prior to City Council review and, if elevated, should be located behind the average lakeshore setback line so as not to result in a further setback encroachment. VOTE: 3 FOR 3 AGAINST Applicant's next meeting is scheduled as: Monday, October 12, 2015 This is a City Council meeting. The meeting begins at 7 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Planning & Zoning Coordinator, Melanie Curtis at mcurtis@ci.orono.mn.us or 952.249.4627. MINUTES OF THE ORONO PLANNING COMMiSSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. 9 . #15-3781 STONEWOOD, LLC, ON BEHALF OF BELLE AND HARRY YAFFE, 3185 CASCO CIRCLE, VARIANCES, 9:48 P.M. -10:17 P.M. Sven Gustafson, Stonewood, LLC, and Kathy Alexander, Architect, were present. Curtis stated the applicant is requesting lot width, lot area, and average lakeshore setback variances in order to construct a new single-family home on the property which is substandard in area and width. The average lakeshore setback variance is being requested in order to construct a one-story 7. 5' x 17' porch on the home lakeward of the average lakeshore setback. In reviewing the application, Staff finds that there is a demonstrable practical difficulty supporting the lot area and lot width variance requests. As it relates to the variance to allow the one-story screen porch to be constructed lakeward of the average lakeshore setback, the practical difficulty is not as clear. The average lakeshore setback is measured by drawing a straight line from the most lakeward portion of the principal structure on each side of the two lakeshore properties. There is an extensive patio on the property to the east at 3195 Casco Circle which includes an outdoor fireplace chimney that appears to be approximately 8 to 10 feet in height. However, the applicants have designed the screen porch to have views beyond the neighbor's outdoor chimney on the property to the east. Staff understands the applicants and the owner of 3195 Casco Circle met over the weekend to discuss the average lakeshore setback variance and may wish to discuss a modification to the plan. Curtis stated she will let the applicant address that. Staff recommends approval of the lot area and lot width variances. The Planning Commission should review the issues outlined in Staffs report, hold the public hearing, and then make a recommendation to the City Council. Staff recommends the following conditions be required: 1. The subject property exists as two separate tax parcels currently. The two parcels should be legally combined prior to the issuance of a building permit for the proposed home. 2. The applicant's architectural plans appear to reflect additional raised patio areas lakeward of the proposed porch in their renderings. However, the survey does not suggest additional patio area. All proposed patio areas should be clarified prior to the City Council meeting. If elevated, they should be located behind the average lakeshore setback line so as to not result in additional encroachments. The Planning Commission had no questions for Staff. Sven Gustafson, Stonewood, stated it is actually a four-season porch that is being proposed. The patios are not raised and are just an artist's conception. Gustafson stated the patios should be a nonissue. Gustafson stated the basis for the request is that the fireplace to the east is lakeward of the primary structure at 3195. To a certain degree the fireplace blocks the angular view through that property. Gustafson indicated they are pulling the home back approximately seven feet back from the existing home as well as lowering the height of the portion that would be in front of the average lakeshore setback. Page 29 of 46 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. In addition, the only portion of the house that is in front of the average lakeshore setback line is the four season porch. The rest of the home is well behind the average lakeshore setback line. The project does meet the approval of the neighbors. The neighbors to the east have requested the home be moved back a foot and a half toward the street. Gustafson stated they are open to that but it would require a street side variance by that same foot and a half. Gustafson indicated that would result in pulling the home a little more into compliance on the lakeside but then into noncompliance on the street side. Gustafson noted they are improving the encroachment on the lakeside considerably. Kathy Alexander, Architect, stated part of the reason for the request is the fact that the fireplace is a rather large structure and it does block the view from the subject property. Curtis displayed a photograph of the fireplace structure. Gustafson stated it is their understanding the fireplace was constructed prior to the current property owner without a permit or City approval, and even though it is a structure with footings, it does not qualify for the average lakeshore setback since it is not the primary structure. Chair Leskinen opened the public hearing at 9:55 p.m. Harry Yaffe, property owner, stated they came up with a solution with the neighbor. Yaffe stated they are asking for 7 .5 feet but they would be okay with sliding the house back an additional foot and a half, which would require a street variance. The Armstrongs on the other side of the property are fine with the project. Yaffe stated he hopes the Planning Commission entertains that compromise. Berg asked if he is looking at moving the house a foot and a half back or wanting to proceed with what is before the Planning Commission. Yaffe stated he would like the Planning Commission to consider the neighbor's request as part of their overall application. Gustafson stated the reasoning for the foot and a half is that it puts the proposed garage into line with the street setback of the current garage. Gustafson stated that would help shield the neighbor's garage and is a better placement. Landgraver stated they are now looking at a 6-foot encroachment into the lakeshore. Yaffe stated the modified request would be to go with the six feet. Lemke asked why they did not slide it all the way back. Gustafson stated they currently abut the street setback. Thiesse asked what would happen if they moved the house back six feet so it is in compliance on the back side. Page 30 of 46 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Yaffe stated they would like to be as close as they can to the lake and that the neighbor is in agreement with the six feet. Yaffe noted it would only apply to one section of the house and not the entire house. Yaffe stated the proposed house is being moved about eight feet further back than the existing structure. Gustafson stated as the house is pushed further back, the view from the porch becomes the back of the large fireplace. Debbie Callahan, 3195 Casco Circle, stated she invited the Y affes over to discuss the project and to figure out what everyone can live with as a compromise. Callahan stated the proposed house will come over ten feet closer to the property line and currently that area is all open area. Callahan stated she can live with that but her real concern is the view of the lake. Callahan stated they spend the majority of their time in the room on the lakeside of the house, and by asking for that extra foot and a half, thy can still have a lot of their sightlines and also accommodate the Y affes. Callahan stated that compromise still gives the Y affes their sightlines to the lake and helps to preserve hers. Chair Leskinen closed the public hearing at 10:07 p.m. Schoenzeit noted this is a clean sheet design and that the applicants should design a home that meets all the requirements wherever possible. Schoenzeit stated there is space between the bituminous and the property so the encroachment is still more than 30 feet. Thiesse stated it is an improvement over what is there. Schoenzeit stated he understands that, but since it is a clean sheet, there is no reason to put it in front of the average lakeshore setback line. Schoenzeit stated the variance to the average lakeshore setback variance should be eliminated since there is no compelling reason to grant it. Berg stated she would not want to look at the fireplace. Schoenzeit stated the question comes down to how many degrees of view someone is entitled to and which windows the view should be from. Schoenzeit stated if the neighbor put in a row of trees that grow to a height of 50 feet, the City would not require them to be cut down to improve the lakeshore view. Leskinen asked if the chimney is ahead of the average lakeshore setback. Curtis stated the average lakeshore setback for that house is not measured from the fireplace but it does encroach into that zone. Thiesse stated the applicants are well behind the 75-foot line and the average lakeshore setback is set to not cause a serious encroachment to the neighbors' view. Thiesse noted the neighbors have agreed this is not an encroachment to their view. Thiesse stated he does not find the average lakeshore setback as rock solid as the 75-foot setback and that he does not see the encroachment into the average lakeshore setback as a problem since the neighbor has indicated she is fine with it. Landgraver stated then the house on the other side would be able to expand further in the average lakeshore setback. Thiesse stated this is a location where everyone is happy and the 75 feet from the lake is still being maintained. Thiesse stated in his view this is a happy median. Page 31 of 46 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Leskinen asked whether they would be creating a practical difficulty for someone down the road if the Planning Commission granted the six feet. Thiesse stated in his view they are not. Curtis stated it is being moved closer to the lake, which would give the neighbor a larger average lakeshore setback. Leskinen asked if the Planning Commission should review a formal plan to grant the street side setback. Curtis stated in her view the Planning Commission does not have to and that the Planning Commission is discussing it tonight at the public hearing. Curtis stated the people who are interested in the project are in attendance tonight. Leskinen stated she does not have any real opposition to the project. Thiesse stated the Yaffes' view is hindered by a noncompliant stone fireplace on the neighbor's property. If the house is pushed back the extra six feet, which would put them in compliance with the average lakeshore setback, there would be an obstruction that has been built that blocks their view. Schoenzeit stated the only reason the City takes that into consideration is the fact that it is inorganic, and that if it were a set of trees that the neighbor had planted in that same area, that would not matter. Landgraver stated the average lakeshore setback is a rule or a standard by which the City measures things, and he has not heard any reason why a four-season porch should encroach into that. Landgraver stated he is concerned that the next group will come in and say that both of their neighbors are okay with it and that the City should go ahead and approve it. Lemke stated he also has that same concern. Thiesse stated the average lakeshore setback was implemented to protect people's views. Thiesse stated in his mind it is not a big issue since the neighbor is fine with it. Thiesse stated the City should be more concerned with people staying 7 5 feet away from the lake. Berg stated the two neighbors have come to a compromise and have presented it. Leskinen stated the guidelines for the average lakeshore setback help determine whether something should be constructed in that zone, and if they are not blocking anyone's view, it is not an issue. Landgraver stated he is also concerned about allowing a noncompliant structure be the basis for granting the average lakeshore setback variance. Schoenzeit stated the justification is not because of the fireplace, but, according to Commissioner Thiesse's reasoning, by putting it there, they are not hurting the neighbors. Schoenzeit stated he does not want the next person to say the neighbor has a structure in their yard so I want to go in front of it. Berg stated the neighbors have come to a compromise and they are willing to accept it. Page 32 of 46 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o'clock p.m. Leskinen stated her only question is whether the four-season porch is going to be the practical difficulty for the next person. Leskinen stated the problem is the large structure is obstructing the view without the average lakeshore setback being measured from that point. Schoenzeit noted the view of the fireplace is only from the side windows and not the back windows. Lemke stated he tends to agree with Commissioner Landgraver and that he has not seen any practical difficulty for it. Thiesse stated they are improving the situation but not improving it completely. Schoenzeit stated when someone constructs a new house, they need to fix as many noncompliant items as possible. Leskinen stated the obstruction of their view is not something the applicants can correct when it is not part of the average lakeshore setback. Leskinen stated at first she did not believe it was a practical difficulty but has since come to the conclusion that it is. Schoenzeit stated the Planning Commission would not take into account the fact that three evergreen trees were planted on the neighbor's property when considering the average lakeshore setback. Thiesse stated he can see Commissioner Schoenzeit' s point but that this is a peculiar case that got compounded when they moved the house further back. Thiesse stated the stone fireplace is in the way. Berg indicated she agrees with Commissioner Thiesse. Leskinen stated this is an unusual situation and that she does not believe it will set any unusual precedent. Thiesse stated the average lakeshore setback is protecting the view of the neighbor only and not environmental to anyone. Thiesse stated the average lakeshore setback is not as tight as some might think and that he is more concerned with the 75-foot setback to preserve people's views. Schoenzeit reiterated it is new construction and the house should be as compliant as possible. Leskinen stated she would rather grant an average lakeshore setback variance rather than a street setback variance. Berg moved, Thiesse seconded, to recommend approval of Application No. 15-3781, Stonewood, LLC, on behalf of Belle and Harry Yaffe, 3185 Casco Circle, granting of lot area, lot width, and average lakeshore setback variance for a 6-foot encroachment and a variance allowing a 1.5 foot encroachment into the 30-foot rear setback. VOTE: Ayes 3, Nays 3, Schoenzeit, Landgraver, and Lemke opposed. Commissioners Landgraver and Schoenzeit stated they are opposed to the average lakeshore setback variance. Page 33 of 46 Subject: #15-3781, Stonewood LLC., o/b/o Harry & Belle Yaffe, 3185 Casco Circle Background The applicant is proposing to construct a new single family home on the property which is substandard in area and width~A · · nally, they are requesp ng an average lakeshore setback ,.s variance in order to construct . one story porch lakeward of the average lakeshore setback. Lot area and lot width variances are also r equested . Staff finds that there are practical difficulties supporting the lot area and lot width variance requests. Regarding the variance to allow a 7.5 foot portion of a one story screen porch to be constructed lakeward average lakeshore setback the practical difficulty is not as clear. The average lakeshore setback line is measured by drawing a straight line between the most lakeward portions of the principal structure on each of the two adjacent lakeshore properties . However, the applicants have designed the screen porch to have views beyond the outdoor chimney on the property to the east at 3195 Casco Circle. Staff understands that the applicants and the owner of 3195 Casco Circle met over the weekend to discuss the average lakeshore setback variance and may wish to discuss a modification to the plan. Staff recommends approval of the lot area and lot width variances . The Planning commission should hear the testimony from the applicant as well as any comments from the public and make a recommendation on the proposal. Staff recommends the following conditions be included in an approval recommendation: 1. The subject property exists currently as two separate tax parcels . The two parcels should be legally combined prior to the issuance of a building permit for the proposed home. · 2. The applicant's architectural ~~~-~; •• ;p pear to reflect additional raised patio areas lakeward of the proposed porc h~The~ 1 urvey does not suggest additional patio area. All proposed patio areas should be clarified prior to City Council review and , if elevated, should be located behind the average lakeshore setback line so as not to result in a further setback encroachm na~ _ ll(/Ll,(_, /'ll1M' h~ / 6~ /AlL 15\;?n ti ~ (Y) ', (UV ,;enm [(l--VM L6i V\C.G I -':? Wi+111~-)\1extv1Mv ) (DOD pvtl?lii VtiM io 1)-ebvtt ~~ AFFIDAV}T OF PUBLICATIO~ STATE OF MINNESOTA ) ss COUNTY OF CARVER Ch afiene. Vold being duly sworn on an oath, state; or affirms that he/she is the Publi sher's Design a ted Agent of the news paper(s) known as : The Laker, The Pioneer with the known office of issue bein g located in the county of: CARVER with a substantial portion of the circul a tion in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica tion as a qualified newspaper as provided by Minn . Stat. §33 lA .02 . (B) This Public Notice was printed and pub lished in said newspaper(s) once each week, for 2 successive week(s); the first insertion being on 09/05/2015 and the last insertion being on 09/05/2015 . MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclo sure notices : The newspaper complies with the conditions described in §580 .033 , subd . I , clause (1) or (2). If the newsp a per's known office of issue is located in a county · adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located , a substantial portion of the newspaper's circulation is in the latter county. By : Designated A gent Subscribed and sworn to or affirmed before me on 09/05/2015 . j)~ M_ M01 ~I~ N o t a ry Public Rate Information : (1) Lowest classified rate paid by commercial users for comparable space : $15.00 per column inch Ad ID 443121 CITY OF ORONO • 2750 Kelley Parkway, P.O. Box66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commis sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, Sep tember 21, 2015 , beginning at 6:30 p.m. on the matter of reviewing the following land use applications, va cation requests and proposed zon ing amendments: 15-3 725 Dale Gustafson on be half of Douglas & Roban Smith , 4195, 4175 and 4167 Highwood Road, LR-1 B zoning district, re quest approval of a conditional use permit and setback variance to al low retaining walls (below grade) within 75 feet of the OHWL of Lake Minnetonka and potentially exceed ing the allowed 50 cubic yards of earth movement. The purpose of this joint request is to allow re-grad ing of the slope and install subter ranean retaining walls to stabilize a substantial portion of the lakeshore bank on each of the properties. 15-3761 Nancy Radermecher, 4475 North Shore Drive, LR-1 B zon ing districts requests vacation of the unimproved Lake Street right-of way which physically separates the property from the Lake. 15-3769 Chris Lappen & Kallyn Bialowas, 3409 East Lake Street, LR-1A zoning district, request side yard setback; lake setback; average lakeshore setback; hardcover and structural coverage variances in ad dition to a conditional use permit to allow fill within the 100-year flood plain. They propose to construct a 21 'x21 ' detached garage, resulting in 49% hardcover where 60% exists and 25% is permitted; and 1,526 sf of structure where 1,500 is permit ted and 1,085 currently exists; to be constructed 3 feet from the side lot line where a 1 O' setback is normally required, 18.5' from the OHWL where a 75' setback is required , and ahead of the average lakeshore setback. 15-3775 Jeff Zitzloff, 1380 Briar Street, RR-1 B zoning district, re quests lot area, lot width variances as well as front, side and rear set back variances in order to construct a new home on a property 0.32 acre in area and with 160' in width where 2.0 acres and 200' of width are re quired. The new home is proposed to be set back 22' from the front and 20' from the rear where 50' set backs are required; and 46.2' from the south side where a 30' setback is required. 15-3778 Todd Balan, 2905 Casco Point Road, LR-1 C zoning district, requests a Tier 1 hardcover variance in order to construct a new detached garage partially over ex isting hardcover resulting in 29.8% hardcover where 29.8% exists and 25% is allowed. 15-3779 John Thiesse on behalf of Trinity Church , 2060 Sixth Av enue North , RR-1 B zoning district, requests variance and conditional use permit approval in order to construct a monument sign with an electronic readerboard. 15-3780 Michael & Lisa Larson, 3596 Shoreline Drive, B-1 zoning district, requests a Conditional Use Permit in order to operate a Dog Grooming, Dog Boarding and Dog Day care on the property, housing up to 80 dogs. 15-3781 Stonewood , LLC on behalf of Belle & Harry Yaffe, 3185 Casco Circle, LR-1 C zoning dis trict, request lot area, lot width and average setback variances in order to construct a new home on the property with 21 ,530 s.f. (0.49 acre) in area and 99' in width at the OHWL and 91' at the 75' setback and 21 ,780 s.f. (0.5 acre) and 100' in width is required. The new home is proposed to encroach up to 6' into the average lakeshore setback. 15-3782 Robert & Monique Kan tor and Stephen Otto , 2165 & 2185 Watertown Road, RR-1 B zoning district, requests approval of a lot line rearrangement between the two properties . 15-3784 City of Orono proposes a text amendment to the zoning or dinance related to definitions, lake yard landscaping , residential light ing, and living walls. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are ac cepted and should be submitted to the City of Orono by September 15, 2015 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Jeremy Barnhart, Community Development Director To be published in The Laker & The Pioneer Newspapers on Sep tember 5, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 9/5/15, 3LK, 3TP, Sept 21 Public Hearing, 443121 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #15-3781 as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of September, 2015. ~(}~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, September 21, 2015, beginning at 6:30 p.m. on the matter of reviewing the following land use applications, vacation requests and proposed zoning amendments: 15-3725 15-3761 15-3769 15-3775 15-3778 15-3779 15-3780 15-3781 Dale Gustafson on behalf of Douglas & Roban Smith, 4195, 4175 and 4167 Highwood Road, LR-1 B zoning district, request approval of a conditional use permit and setback variance to allow retaining walls (below grade) within 75 feet of the OHWL of Lake Minnetonka and potentially exceeding the allowed 50 cubic yards of earth movement. The purpose of this joint request is to allow re-grading of the slope and install subterranean retaining walls to stabilize a substantial portion of the lakeshore bank on each of the properties. Nancy Radermecher, 4475 North Shore Drive, LR-1 B zoning districts requests vacation of the unimproved Lake Street right-of-way which physically separates the property from the Lake. Chris Lappen & Kallyn Bialowas, 3409 East Lake Street, LR-1A zoning district, request side yard setback; lake setback; average lakeshore setback; hardcover and structural coverage variances in addition to a conditional use permit to allow fill within the 100-year floodplain. They propose to construct a 21'x21' detached garage, resulting in 49% hardcover where 60% exists and 25% is permitted; and 1,526 sf of structure where 1,500 is permitted and 1,085 currently exists; to be constructed 3 feet from the side lot line where a 10' setback is normally required, 18.5' from the OHWL where a 75' setback is required, and ahead of the average lakeshore setback. Jeff Zitzloff, 1380 Briar Street, RR-1 B zoning district, requests lot area, lot width variances as well as front, side and rear setback variances in order to construct a new home on a property 0.32 acre in area and with 160' in width where 2.0 acres and 200' of width are required. The new home is proposed to be set back 22' from the front and 20 ' from the rear where 50' setbacks are required; and 46.2' from the south side where a 30' setback is required. Todd Balan, 2905 Casco Point Road, LR-1 C zoning district, requests a Tier 1 hardcover variance in order to construct a new detached garage partially over existing hardcover resulting in 29.8% hardcover where 29.8% exists and 25% is allowed. John Thiesse on behalf of Trinity Church, 2060 Sixth Avenue North, RR-1 B zoning district, requests variance and conditional use permit approval in order to construct a monument sign with an electronic readerboard. Michael & Lisa Larson, 3596 Shoreline Drive, 8-1 zoning district, requests a Conditional Use Permit in order to operate a Dog Grooming, Dog Boarding and Dog Day care on the property, housing up to 80 dogs. Stonewood, LLC on behalf of Belle & Harry Yaffe, 3185 Casco Circle, LR-1C zoning district, request lot area, lot width and average setback variances in order to construct a new home on the property with 21,530 s.f. (0.49 acre) in area and 99' in width at the OHWL and 91' at the 75' setback and 21,780 s.f. (0.5 acre) and 100' in width is required. The new home is proposed to encroach up to 6' into the average lakeshore setback. 15-3782 15-3784 Robert & Monique Kantor and Stephen Otto, 2165 & 2185 Watertown Road, RR-1 B zoning district, requests approval of a lot line rearrangement between the two properties. City of Orono proposes a text amendment to the zoning ordinance related to definitions, lakeyard landscaping, residential lighting, and living walls. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 15, 2015 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission To be published in The Laker & The Pioneer Newspapers on September 5, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DATE: 08/18/2015 38 20-117-23 43 0022 CHERYL A STEARNS ET AL 3205 CASCO CIR DOUGLAS HAWKINSON 3205 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 E STRATTON & D CALLAHAN 3195 CASCO CIR EARL STRATTON DEBORAH CALLAHAN 3195 CASCO CIR WAYZATAMN 55391 38 20-117-23 43 0024 BARRY NORDSTRAND 3185 CASCO CIR BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 43 0025 BARRY NORDSTRAND 3185 CASCO CIR BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 43 0026 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) W D ARMSTRONG/K S ARMSTRONG 3165 CASCO CIR WARD D ARMSTRONG KA TH LEEN S ARMSTRONG 6898 EDGEBROOK PL EDEN PRAIRIE MN 55346 38 20-117-23 43 0027 ALAN G CARLSON 3155 CASCO CIR ALAN G CARLSON 2411 WOODWINDS LANE WAYZATAMN 55391 38 20-117-23 43 0031 THE CASCO CO 38 ADDRESS UNASSIGNED CITY OF ORONO PARKS PO BOX 66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION PAGE: 1 AS IT APPEARS THIS DA TE ON THE RECOK_i,,,,..-,:-;.,.--,_.., .AL ESTATE SERVICES DEPARTMENT. DATE: F'/{lf l;~Y: I I # 3781 RECEIVED AUG 1 9 2015 CITY OF ORONO Melanie Curtis From: Sent: To: Cc: Subject: Hi Melanie, Ward Armstrong <wardarmstrong@aol.com> Thursday , September 17 , 2015 2 :24 PM Melanie Curtis sven@stonewood .com ; kajearmstrong@aol.com 3185 Casco Circle My wife Kathy and I own the home at 3165 Casco Circle in Orono . We have reviewed the plans for the Yaffe home to be built at 3185 Casco Circle (right next door). We understand that a variance from the City is required given that the new home does not fully comply with the Planning Commission 's current policies regarding set-backs . Given that the new house will actually be further back from the lake then the existing structure , we have no problem with the plans as drafted and would encourage the City to approve the plans . We are exited to have the Yaffes as new neighbors and think that the house they are planning to be build will be quite nice and complement the other homes in the Casco Circle neighborhood . Please feel free to contact me with questions. Thanks. Ward Armstrong wardarmstrong@aol .com 612-801-0326 (mobile) 1 SC)LTC>N & l'/IENK, INC® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 September 14, 2015 City of Orono Attn: Melanie Curtis 2750 Kelley Parkway Orono, MN 55356 RE: Variance Application 15-3781 3185 Casco Circle Dear Melanie: Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com As requested, I have completed an engineering review of the documents submitted for the above referenced project. I offer the following comments for your consideration: I. Perimeter erosion control measures (siltfence, biologs, etc.) should be installed by the Contractor and inspected by the City prior to any work. Contractor must provide a minimum 24 hour notice prior to inspection. 2. Due to the amount of construction activity proposed, a rock construction entrance should be installed with the other perimeter erosion control measures prior to any work. 3. Grading and siltfence are shown through three spruce trees along the west property line and several trees along the east property line. With the building proposed, these trees must be removed in order to adequately install perimeter erosion control and construct a swale to convey runoff to the rear of the property. The proposed contours should be revised and proposed spot elevations added as necessary to adequately define swales. Minimum 3: 1 side slopes should be maintained or retaining walls may be necessary. Tree removal may require temporary construction easements from the adjacent property owners. Any agreements necessary should be submitted to the City prior to final approval. 4. Biologs or siltfence ditch checks should be installed on the swales after grading is complete to provide erosion control while vegetation is established 5. The Contractor must exercise care during demolition and construction to not block traffic. Clear drive lanes must be maintained at all times. 6. Due to proposed disturbance of a large portion of the lot, an escrow of $4,000 for erosion control and engineering oversight should be required to provide protection in the event it becomes necessary for the City to install or maintain erosion and sediment control or re-establish vegetation within the project area. 7. The applicant may be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting for their Erosion Control rule. A copy of any approvals or permits required or confirmation that no permit is necessary should be submitted prior to final approval. Please let me know if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. Robert E. Bean, Jr., P.E. Water Resources Engineer Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Kathy Melanie Curtis Monday, September 14, 2015 4:21 PM 'Kathryn Alexander' 'Sven Gustafson'; 'Belle Yaffe'; 'Harry Yaffe'; 'Mark Gronberg' #15-3781 Engineering Review Comments 3185 CascoCircle-1_2015-09-14.pdf Please see the attached comments from our engineer, Bob Bean. The comments should be addressed by the survey submitted with the building permit application. Please note the additional escrow of $1,500 (totaling $4,000) required for the building permit due to the amount of disturbance proposed. If you have any questions please contact me directly. Thanks, Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us 1 Melanie Curtis From: Melanie Curtis Sent: To: Thursday , September 03, 2015 4:55 PM Bob Bean Cc: Subject: David P. Martini ; Adam Edwards Reviews Bob I gave Dave 4 surveys today for plan reviews . 1. #15-3733 for 1185 Ferndale Road West. I already emailed detai ls to you on this one. I forwarded the information to the neighbors as well and haven't heard anything. 2. #15-3775 for 1380 Briar Street. This one is for variances to build a new home on the property. Please review the proposed grading and site plan and provide written comments by or before September 1sth. 3. #15-3778 for 2905 Casco Point Road. This application is for a hardcover variance in order to build a detached garage. Please review the site and grading plan and provide written comments by or before September 15th. 4. #15-3781 for 3185 Casco Circle. Application for an average lakeshore setback variance to construct a new home. Please review the site and grading plan and provide written comments by or before September 15th . Please provide a separate comment letter for each application. Thank you! Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952 .249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono .m n.us Website: www.ci.orono .mn.us 1 llf f.5 /f:i:E Client _______ Page __ Of __ Project No. _____ Date __ By __ _ Project ___________ _ Ta sk ------------ J?artrJ ·--Clhcu Of f!Vd1 ~ Ao DYS CV'-( a ~e-s, de 20 August 2015 Sven Gustafson Stonewood LLC 153 Lake Street Wayzata, MN 55391 REQUEST FOR FURTHER INFORMATION CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us SUBJECT: Zoning Application #15-3781 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 3185 Casco Circle. Below is a list of items the City of Orono is requesting to complete our review: 1) Certificate of Survey. Two (2) original scaled copies of the certificate of survey, as well as a reduced (11'x17' or smaller), or digital copy indicating the following: a) The average lakeshore setback line correctly depicted. It should be a line drawn from the most lakeward portion of the principal structure on each of the adjacent properties. Application #15-3781 is incomplete. If you wish to proceed with your application please submit the items requested above by August 26th in order to remain on the September Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Copies via email: Harry & Belle Yaffe Kathy Alexander Mark Gronberg /~,,,..V\SE:( 01) (\J f L1 fZJ {Q(VfC11LJ s[1tw {[VfMrr: -- ·- ( ift11l '71 /11 e l t 1 0 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 Application# 15-3 7 ? / Date Received: 8'-I 9 -/ £° Staff : ---=-'- Fee: _$....._7_00 ___ dj;;--4--, ___ _ Renewal: $350 After-the-fact: $1,40iQJ Double~ Escrow Fee: $700 {(2,5®.jL This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: 13:a I c J ~':r' ':Jp..~ Phone qc;::z_ ... ~-C:>l(of) ~lternate Phone: Complete Address: '2-:?t:>O ~ UJ, City, State &ZIP \,.,tltJUGTPt,.JKA--HW S5::::iO':::> Email: 1 Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): Packet Last Updated: August 2015 Page1 # 37 81 7,'5' RECEIVED AUG 1 9 201 5 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Enclos~d Applicable H □ -Variance Aoolication Fee □ Er/ Escrow Ai:ireement, sii:ined and Fee □ ,ET Pre-Aoolication Form J2I -□ Variance Application Form _;;a-□ Practical Difficulties Form ~ □ Certified Property Owners List Ja"" □ Survey (meeting ALL requirements) ..-Er" □ Proposed Plans .,,.Er" □ Hardcover Calculations □ ~ Septic System Site Evaluation Report □ .)?:'.!' Minnehaha Creek Watershed District (MCWD) Permit or -Documentation from MCWD statini:i no permit is required ...Er -□ Adiacent Property Owners Acknowledgement z □ Data Privacy Advisory Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department. • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigne o your ro·ect. Applicant's Signature: Applicant's Signature: Owner's Signature: Owner's Signature: Packet Last Updated: August 2015 Page 12 Date: Date: <S-A-tS 8-FI-15= ~-(°(-/£; # 3781 RECEIVED .AIJG 1 g 2015 CllY OF ORONO City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: Meeting Date/Time: PC Date: ____________ _ Met with: What is the purpose of a pre-application meeting? / Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: /l c:--,_ Q Site Address: ::?5 l 1( 5 ~(tO ~ _j Property Identification Number (Pl N): -=Z-O~l~_\7 _ _.____.._"2...~_3-=-4_,__~_..,__00___,_"-25=---5-----J __ o=-=O=---u--1f1------ Zoning District: ______ Size of Property: DESCRIPTION OF REQUEST: ~Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover (Tier_) □ Lot Coverage □ Lot Area □ Lake/Front Yard Setback □ Lot Width □ Other: Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's ~~ BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's initial application fee, as well as provide an escrow in the amount of Initials: $ to guarantee payment of the above. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: ______________ _ Date: Owner Signature: _______________ _ Date: Packet Last Updated: August 2015 PageO # 37 81 8-/~ -JJ:J 8-(8-(5 RECEIVED AUG 1 9 2015 CITY OF ORONO DAT A PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Address ~t-:1........,lfJ'"""'-'l)E--..;=. .... -+-\ _e:::>--=U'-'-\-;6--+)-H~~=---~-&:S __ ______,:'1;_=.S_:2.._-~_ Sl (_q'r) City State Zip Phone Packet Last Updated: August 2015 Page 13 # 3781 RECEIVED AUG -, 9 L015 CITY OF ORONO Provided By: Resident and Real Estate Services H Hennepin County Identify & Notify Receipt Print Date Tue Aug 18 13:30:28 2015 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name: TOTAL COST: $25.00 Contact Person: Subject Property Address: , Comments: Buffer Distance: 150 feet Mail Label Count: 7 38 20-117-23 43 0022 38 20-117-23 43 0023 38 20-117-23 43 0024 38 20-117-23 43 0025 38 20-117-23 43 0026 38 20-117-23 43 0027 38 20-117-23 43 0031 RECEIVED AUG 1 9 2015 CITY OF ORONO # 3781 RUN DATE: 08/18/2015 38 20-117-23 43 0022 CHERYL A STEARNS ET AL 3205 CASCO CIR DOUGLAS HAWKINSON 3205 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 E STRATTON & D CALLAHAN 3195 CASCO CIR EARL STRATTON DEBORAH CALLAHAN 3 195CASCOC IR WAYZATAMN 55391 38 20-1 17-23 43 0024 BARRY NORDSTRAND 3185 CASCO CIR BARRY NORDSTRAND 6425 VIRGI NIA DR EXCELS IOR MN 55331 38 20-117-23 43 0025 BARRY NORDSTRAND 3185CASCOCIR BARRY NORDSTRAND 6425 VIRGIN IA DR EXCELS IOR MN 55331 38 20-1 17-23 43 0026 HENNEPIN COUNTY PROPERTY INF'ORMA TION SYSTEM (PROPERTY OWNERS LIST) W D ARMSTRONG/KS ARMSTRONG 3 165 CASCO CIR WARD D ARMSTRONG KA TH LEEN S ARMSTRONG 6898 EDGEBROOK PL EDEN PRAIRIE MN 55346 38 20-117-23 43 0027 ALAN G CARLSON 3155 CASCO CIR ALAN G CARLSON 24 11 WOODWINDS LANE WAYZATA MN 55391 38 20-1 17-23 43 0031 THE CASCO CO 38 ADDRESS UNASS IGNED CITY OF ORONO PARKS PO BOX 66 CRYSTAL BAY MN 55323 I CERTIFY THAT THE FACTS REPRESENTED ARE AN A CCU RA TE AND TRUE REPRESENTATION OF INFORMATION PAGE: I 'AL ESTATE SERVICES DEPARTMENT. RECEIVED AUG 1 9 2015 CITY OF ORONO Easy Peel® Labels Use Avery® Template 5160® 38 20-117-23 43 0022 DOUGLAS HAWKINSON 3205 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 EARL STRATTON DEBORAH CALLAHAN 3195 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0024 BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 43 0025 BARRY NORDSTRAND 6425 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 43 0026 WARD D ARMSTRONG KATHLEEN S ARMSTRONG 6898 EDGEBROOK PL EDEN PRAIRIE MN 55346 38 20-117-23 43 0027 ALAN G CARLSON 2411 WOODWINDS LANE WAYZATA MN 55391 38 20-117-23 43 0031 CITY OF ORONO PARKS PO BOX 66 CRYSTAL BAY MN 55323 ~tiquettes fadles a peler Utilisez le gabarit AVERv® 5160® I I I A I I I A A 111111111111111 i Bend along line to 1 FeedPaper -expose Pop-up Edge™ J A Sens de charaement # 3781 I Repliez a la hachure afin de I reveler le rebord Pop-upTM : I ~ AVERY® 5960™ l RECEIVED AUG 1 9 2015 CITY OF ORONO www.avery.com 1-800-GO-AVERY .. CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 ADDRESS : 3185 CASCO CIR PIN : 20-117-23-43-0024 LEGAL DESC : SPRING PARK : LOT 034 BLOCK 000 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION 15-3781 APPLICANT STONEWOOD, LLC 153 E LAKE STREET WAYZATA, MN 55391- (612) 462-4000 Minnesota State License #: BUIL-BC5943 l 5 OWNER NORDSTRAND, BARRY 6425 BA YCLIFFE EXCELSIOR, MN 55331- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT Payment(s) CHECK Issued By Signature 9922 11111111111111111111111111111 Iii 111111111111111 Ill II IIIII I I *2015-01055* DATE ISSUED: 08/19/2015 TOTAL Date 2,500.00 2,500.00 2,500.00 I I LAND USE APPLICATION ESCROW AGREEMENT Application # 16 '31 ff' I AGREEMENT made this~ day of .i )CA..,\.J '5t--, 20 lS by and between the CITY OF ORONO , a Minnesota municipal corporation ("Ci~ ~ ~ \:¾El.LE ~ [a corporation -optiona~ ("Owners "). Recitals 1 . Owners have filed Zoning Application # I G -31 g I formally requesting the City to review plans for a 1-c-V~_ -5~ ~ located at the property addressed:"7:,IQ s~ c(4C£ (the "Subject Property") legally described as __ '2-fE~~~kW~~IT:~1:f"13D~~------------- 2 . Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUND.! Contemporaneously with the execution of this Escrow Agreement , the Owners shall deposit$ :zG6D with the City . All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with th i Owners, reviewing the plans, and preparing agenda packet material for City Council review of application# 6 ---:?:,Jg'/ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application . 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners ' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners lo re im burse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on depos it in the escrow , if any, shall be returned to the Owners when all requirements related to the project are complete . City Staff shall review the terms of this escrow agreement two times per year to determine whether the requ irements of the project have been successfully completed and whether it is appropriate to return th e funds . Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification th at all requirements of the project have been successfu lly comp leted . 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners , or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Mi nn. Stat. §§ 415.01 and 366.012 . ::11~~ Its : JaU-1/VL ~ OWNERS: By &t.ee. t/2/J-= , () Its : Internal Use Only: C Original to Finance Department C Copy to Zoning File C Copy to Street File Packet Last Updated: August 2015 Page 10 ¾/0-3,~( lefjd,{ rxs~r1ma~ LEGAL DESCRIPTION OF PREMISES : (per Certificate of Title No. 1220213): Lot 35 and the westerly 1 /2 of Lot 34; and / .. ·.. . . / All of the land lying between the . above described property and .the shore of Lake Minnetonka on the South, and between the Westerly line of said Lot 35 and ·· the Easterly line of · said Westerly 1 /2 of said Lot 34 produced Southerly to said lake shore; · · All in Spring Park. / / FOR ALEX,ANDER Dt!SIG.N-·G-Rc:31:JP, INC. 401.LAKE·ST. e: - WAYZATA,MN55391 (952) 473-Sn; 9922 17-2-910- DATE --~ ~;;:--~ (J :-v . -. ·. . . . ~ -1'3 ~,s [!!Jaaak --~ ~bo i$-Z/5r'"'& _,.,AUf . · .... IJU ~~~~~: · .. ~-··•·· .. _ .. · .. •.··. ·ootl-AR--S_•@ SeculltvF•fllul'N ~a- J JU a t• gP . ..··· _ .-.. ··· Ql fl J . J_Jjl' . . , ,..._ 9·921 ALEXAN·OER D.ESIGN-GROUP,INC. . . . -_ 401 .. ,tAK_I; SJ:, E. WAYZATA,MN5539t· -_ _· · _ (9,52)473-8V7 ' ' ' 8-]'1-/6--17-2"910 •I PAYTOTHE ·. :t; ~ ~ -::,_. DATE; C . ·. -·-,,._i:"\ at, ORDER·~-~===:=::•v ;_ .• 1$~--:uu·"'.".'.'.' ,, ·h· ' d .•' ~A~ ' ' A ...,.,,., ••. · .. --.. _ · --··. · ·.· _.···· ·-=~~~ -D01,.L,;ARS .UJ=..., l'$1benk. Ald~yo~ _ ~ . ~ FOR Ybf:FE' \/Aie~ ----_ , ~kxJ1: < --_--_ ~-~---'~.JII _-,tun ~·•11• ~, M' City of Orono 2750 Kelley Parkway Orono MN 55356 Receipt No: 3.014040 Stonewood LLC Planning and Zoning 15-3781 3185 Casco Circle 101-22205 952-249-4600 Aug 19, 2015 2.500.00 Deferred Rev-Developer Deposit Total: Check Check No: 9922 Payor: Stonewood LLC Total Applied: Change Tendered: 08/19/2015 11:36AM 2.500.00 2,500.00 2,500.00 .00 +------ RECEIVED CITY OF ORONO 3781 401 EAST LAKE STREET' WAYZATA,:MN 55391 Phone: 952.473.8777 FAX: 952.473.8222 .£-,11, ,9•,,t ,E-,9 ,9•,Glt ••·,a I :, ~1:----------+~Qh-------------------------~ ... ~_.;;;,.;;;;.,;;.;;;;.;;;.=;.;;.;;;.;;;.=.;;;;,;;-;;.;;;;i "11..:- ,LS 1 I I I I :i l I I I I RECEIVED AUG 1 9 2015 CITY OF ORONO # 3781 401 EAST LAKE STREET WAYZATA.MN 55391 Phone: 952.473.8777 FAX: 952.473.8222 ' ~--f.;,__r=;-i-::::::::::~-~c=~==~~•9~•~•i;~i ••~·,lr~~~;f3=•=~=~•=•••~=~=ra:t'r------, ,e-,i ,9•,9 ·1 == -I ' - I ..... ,H RECEIVED AUG 1 g 2015 CITY OF ORONO 3781 401 EAST LAKE STREET WAYZATA,MN 55391 Phone: 952.473.8TT7 FAX: 952.473.8222 . lt .;. .__ '-- - ~ - .. -.. . .. ,. ,9-,t, ,,, . .,, r----------------., : I -----------I : l I I! ! ! 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I ' ::::;:,1f===i_~ : M . ! ,, ~ i !9 !1 ,, v ,, 1 l ~~ 1/'-----l 1 l t 1 /'-I/ I I l l-::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: }!:-::::::::::: : ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::: :::::: -::::::::::::::::::::~, : : ,~ [ [_ _______ -----------::-: :::::::::::~.::;· ·E=:!E=:::!;:::::====='...I i l _______________________________________________________________________________ J i -, ---------L---------------------------------------------------------------------------------0 l ,,;-,; ·•·.t: ,11-,11 ,<l·ii RECEIVED AUG 1 9 2015 CITY OF ORONO 3781 401 EAST LAKE STREET WAYZATA,l\.1N 55391 Phone: 952.473.8777 FAX: 952.473.8222 I~ ~ ~ _,~ ;i ~8 tt AL XA DER DES IGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence MM/DD/YY 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 REVISIONS REMARKS RECEIVED ~ 0 0 # 3781 ' -~-_ _J I ,.._ __ _ ALEXA DER D SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence MM/DD/YY 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED REVISIONS OF OR ON O REMARKS • # 378 C'l 0 0 A L XADR D SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence .: MM/DD/YY 1 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 ALEXANDER DESIGN GROUP Copy Right .015 RECEIVED REVISIONS REMARKS < # 3781 A EXA D R DES IGN . GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence MM./DD/YY 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED REVISIONS REMARKS # 3781 AL XA DE DESIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Yaffe Residence MM/DD/YY 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED REVISIONS REMARKS #3 ALEXA D R . DES IGN GROUP . 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Front Elevation No Scale Yaffe Residence MM/DD/YY 1 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 REVISIONS REMARKS RECEIVED AUG 1 9 2015 '° 0 0 A LEXA DER D SIGN GROUP . 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Right Elevation No Scale Yaffe Residence MM/DD/YY 1 08/14 /15 3d illustrations 2 08/19 /15 elevations added 3 4 5 REVISIONS REMARKS RECEIVED AUG 1 9 201 5 # 378 t"- 0 0 AL XA DER o · SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Rear Elevation No Scale Yaffe Residence REVISIONS MM/DD/YY REMARKS 1 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED AUG 1 9 2015 # 378 00 0 0 ALEXA DE o ·s1GN 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Front Elevation 1/8" = 1'-0" Yaffe Residence REVISIONS MM/DD(YY REMARKS 1 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED AUG 1 9 2015 CITY OF ORONO # 3781 AL XA D D SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Right Elevation 1/8" = 1'-0" Yaffe Residence REVISIONS MM/DD/YY REMARKS 1 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED AUG 1 9 2015 CITY OF ORONO 0 ~ 0 < # 3781 ALEXA D D SIGN GROUP 3D Conceptual Illustration Copyright 2015 Alexander Design Group Inc. Rear Elevation 1/8" = 1'-0" Yaffe Residence REVISIONS MM/DD/YY REMARKS t 08/14 /15 3d Illustrations 2 08/19 /15 elevations added 3 4 5 RECEIVED AUG 1 9 2015 CITY OF ORONO # 37