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Home My WebLink AboutProject PacketORONO CITY COUNCIL MEETING MINUTES FOR DECEI\-IBER 14, 1998 (*#7) #2399, MURIEL SENN, 4448 NORTH SHORE DRIVE -VARIAN CE -RESOLUTION NO. 4214 Goetten moved, Flint seconded, to approve Application #2399, 4448 North Shore Drive, and · adopt Resolution No. 4214, a Resolution Granting Varian.ces to allow the addition to be located . · 8.7' from the north property line where 10' is required; to allow the addition to be located 5' from the edge of the right-of-way where 35' is required; to allow hardcover variances for 25.09% in the 0'-75' and 66.46% in the 75'-250' setbacks; and to allow a structural coverage variance of16.9% where 11.62% is existing and 15% is allowed. Vote: Ayes 4, Nays 0, Jabbour Abstained. (#8) #2411, PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE -VARIANCES - RESOLUTION NO. 4215 Weinberger stated the Council approved application #2411 for Paul and Leann Hanssen, 319 5 Casco Circle, on a vote of 4 to 1 at their November 23, 1998 regular meeting. Flint moved, Peterson seconded, to adopt Resolution No. 4215, a resolution granting variances to allow hardcover in the 0-75' lakeshore setback, to allow a boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right-of-way, where 15' is required. VOTE: Ayes 4, Nays 1, Goetten oppQsed. (#9) #2417, TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD -B-5 AMENDMENT - WITHDRAWAL Robert Cunningham, Vice President -Development, TOLD Development Company, informed the Council that Walgreen Company did not approve the site at 2380 Shadywood Road. Jabbour expressed his appreciation for the way the developer worked with the City on this application. Cunningham stated that Walgreen's turned down the site for reasons unrelated to the City's site planning or zoning concerns. Their reasons are inadequate projected sales volume and the site does · not fit their criteria for being on the comer of two major roads. · Flint commented that staff will be working with the owner of the site to address issues regarding the condition of the site. Jabbour stated that the property is becoming a storage facility and he is concerned about the condition of the building. He requested that staff work with the owner to resolve these issues. Cunningham stated that he recommended to the owner that they block access to the property .. Page 5 Application Date: Completion Date: 60 Day Deadline: Approved by Council: 8/14/98 9/25/98 11/24/98 11/23/98 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Assistant Zoning Administrator Item Description: #2411 Paul and Leann Hanssen 3195 Casco Circle Variances--Public Hearing DATE: 12/8/98 ITEM NO.: Agenda Section: Zoning Zoning District: Lot Area: LR-IC 24,750 One Family Lakeshore Residential District (1/2 Acre) square feet (.56 acres) Application: At the regular City Council meeting on November 23, 1998 application #2411 was approved granting variances to Paul and Leann Hanssen to permit repairs to a boathouse by a vote of 4 to 1. Staff has prepared an approval resolution to be acted on by Council. This application required the following variances: 1. Hardcover in the 0-75' lakeshore setback. The existing hardcover is 310 s.f. (4.5%). The applicants are requesting to replace the 160 s.f. boathouse. 2. To allow a boathouse to exist within 75' of the lakeshore. 3. A variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right-of-way, where 15' is required. COUNCIL ACTION REQUESTED To approve or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.22, SUBDIVISION 2; SECTION 10.25, SUBDIVISION 6 (B) AND SECTION 10.56, SUBDIVISION 16 (L) (1) FILE NO. #2411 WHEREAS, Paul Hanssen and Leann Hanssen (hereinafter "the applicants") are the owners of the property located at 3195 Casco Circle within the City of Orono (hereinafter "the City") and legally described as follows: Lot 33 and the Easterly Half of Lot 34 also that part of vacated Lakeshore A venue and of that tract of land lying between said vacated avenue and the shore of Lake Minnetonka which lies between the southerly extension of the westerly line of the Lot 33, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on October 19, 1998 and November 16, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit an accessory structure to be located 15' from the lakeshore where 75' is required; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to allow 310 s.f. (4.5%) hardcover where none is allowed; and Section 10.25, Subdivision 6 (B) to permit an accessory structure to be located 10' from the side lot line where 15' is required for side yards adjacent to a street. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 FINDINGS 1. This application was reviewed as Zoning File #2411. 2. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 s.f. is the minimum lot area. The property consists of .56 acre or 24,750 s.f. 3. The Planning Commission reviewed this application on November 16, 1998 and recommended denial on a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. A May, 1998 storm damaged an accessory building located 15' from the lakeshore. High winds from the storm heavily damaged the deck located above the structure. The floor of the deck also served as the roof for the structure. B. An undeveloped platted street is adjacent to the subject property requiring a 15' side yard adjacent to a street setback for structures. The existing structure is located 1 O' from the property line adjacent to the undeveloped street. C. The City Building Official has determined the boathouse will require structural repairs to support a new deck. D. In 1997 the Planning Commission recommended denial of variances to permit the existing house to be removed and allow a new residence to exceed 25% hardcover in the 75-250' setback. It was recommended at that time the boathouse be removed to reduce overall hardcover on the lot. The applicants withdrew the application before the City Council could take action. E. Letters in support of the application have been submitted to the City from the property owners of 3225, 3185 and 3205 Casco Circle. Page 2 of 6 5. The location of the boathouse makes it non-conforming due to the setbacks and hardcover within 75' of Lake Minnetonka. The structure is not a non- conforming use. 6. A hardship has been placed on the property due to the existing location of the structure 15' from Lake Minnetonka and 1 O' from the east property line. The boathouse was built prior to the adoption of the zoning ordinance and before a building permit would have been required, resulting in the boathouse being a legally non-conforming structure that could remain on the property during its useful life. The storm damage occurred prior to the structure's useful life being exhausted. 7. The deck located above the boathouse served as part of the structure's roof. Heavy winds damaged the deck and roof, requiring both to be fully replaced. Full replacement would require structural repairs to the boathouse to conform with the State Building Code, to include a new foundation and replacement of portions of the existing walls. The repairs are necessary to protect against an unsafe situation by placing a new roof and deck above a foundation not conforming to the State Building Code. 8. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. Page 3 of 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit an accessory structure to be located 15' from the lakeshore where 75' is the required setback; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to allow 310 s.f. (4.5%) hardcover where none is allowed; and Section 10.25, Subdivision 6 (B) to permit an accessory structure to be located 1 O' from the side lot line where 15' is required for side yards adjacent to a street. Approval was subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 14, 1999). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 14th day of December, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner ( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of December, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ ., 199_ before me a Notruy Public within and for said county, personally appeared __________________ known to me to be the person( s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_ day of ________ ., 199_ before me a Notruy Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 November 20, 1998 Paul Hanssen 3 195 Casco Circle Wayzata, MN 55391 Re: Application #2411 CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 NOTIFICATION OF 60 DAY EXTENSION State law requires that Cities shall decide on zoning applications within 60 days from the date an application is considered complete. The review period may be extended by notification to the applicant. Your application date is, September 25, 1998. The 60 day review period expires on November 24. 1998. Your application is being extended an additional 60 days to allow additional time for Staff and Council review. The new expiration date is January 23, 1999. The earliest potential date that the City Council could take action is November 23, 1998. Please do not hesitate to contact me should you have questions. Sincerely, ev~. Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Paul and Leann Hanssen 3195 Casco Circle Wayzata MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 11/23/98 APPLICATION NO. #2411 NOTICE OF COUNCIL ACTION Date of Notice: November 24, 1998 COPIES: VOTE: 4 FOR 1 AGAINST ---------------------------------------------------------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve variance to permit structural repairs to a lakeside accessory building damaged in a storm. Staff will prepare an approval resolution to be presented to the City Council on Monday, December 14, 1998. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit application must be submitted no later than December 14, 1999. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. jlg ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 (#2403 Terry Clark, continued) recommendations, noting he will tend to go along with the vote of the Planning Commission. Flint moved, Peterson seconded, to approve Application #2403, 1575 Long Lake Boulevard, and adopt RESOLUTION NO. 4199, granting variances to street yard setback, .· lakeshore setback, top of bluff variance, hardcover variance in the 0-75' ·setback, and a conditional use permit, per the recommendations of the Planning Commission. VOTE: Ayes 5, Nays 0. Mayor Jabbour noted that the City Council has warned the Applicant that no new hardcover will be allowed in the event a larger garage is desired by this property owner or future property owners. (#7) #2411 PAUL AND LEANN HANSSEN, 3195 CASCO CIRCLE -VARIANCES Paul Hanssen was present. Weinberger stated this application was reviewed at the last City Council meeting where it was sent back to the Planning Commission for further review based on new information. The Applicants are requesting to repair a boathouse located 15 feet from the lakeshore. The boathouse has been determined by the City Building Staff to be in a state of disrepair. This application requires a variance to the hardcover in the 0-75' setback and a variance to allow a boathouse to exist within 75' of the lakeshore . A variance from the side yard adjacent to street setbacks is also required to allow the structure to be located ten feet from a platted public right-of-way . . : . . . . Weinberger stated the deck located above the boathouse was damaged in a storm back in May, and the Building Official did not issue the building permit due to the condition of the boathouse . The Applicant had a structural engineer inspect and prepare a report on the scope of work to be completed. It has been determined that the front and back walls would need to be replaced as well as portions of the side walls . Repairs to the foundation are also necessary. Weinberger noted that the State Building Code requires that these structures have new foundations as well as new footings. The Planning Commission originally had voted to deny this application in October based on issues involving replacement cost of the structure. City Council requested the Planning Commission revisit this issue due based on the fact they had the incorrect information when their decision was reached. The Planning Commission reviewed the application again in November and recommended denial of the application based on not having any new information to reverse their previous decision. Hanssen stated he has spent $550 on a structural engineering plan at the request of City Staff, and · if improvements to these types of structures are already prohibited by City ordinance, then that cost · .could have been avoided . · · Mayor Jabbour stated in his view there is a misunderstanding about what the exact ordinance is that applies in this case . · Dale Lindquist, Planning Commission, stated they had requested information from the City Attorney which they did not receive prior to their meeting. Mayor Jabbour stated it was his understanding based on what the City Attorney has stated that the value and use of the property does not apply in this case, and that this structure should be considered a non-conforming structure that requires a variance to the 0-75' setback . Building Staff has determined that if improvements to the structure are allowed, then the boathouse must be Page 8 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 (#2411 Paul Hanssen, continued) brought up to code, which requires certain variances. Jabbour commented that a hardship must be found in order to grant the variances. . . Hanssen commented the wind storm in May had blown the deck off the boathouse, and \.lpon closer inspection, it was determined that the foundation is in disrepair, but in his opinion the· boathouse could have been used for another ten years. Goetten indicated she was still somewhat confused about the ordinance, noting that in her view the value of the structure played a factor in determining whether the improvements could be made to the structure. Hanssen stated the ordinance states that the value of the building is determined at the time of the loss and not at the time the ordinance was adopted. 82.rrett indicated he did not receive the letter from City Staff until after the Planning Commission meeting and at the previous City Council meeting was not familiar enough with the case to give clear direction on how to proceed on this application. Barrett stated the location of the boathouse makes it non-conforming due to the setback and is not a non-conforming use. The City Council needs to decide whether a variance should be granted to allow this type of non-conforming structure to remain. Barrett stated the value of the structure has been looked at in previous applications in determining hardship. Barrett stated the variance is properly before the City Council and the City Council needs to make a determination based on hardship on whether to grant the variances. Mayor Jabbour stated in his view the City Council needs to determine whether that structure would have had a longer life span had the damage not occurred in the windstorm. Jabbour commented he was attempting to differentiate what percentage of the repairs are necessary due to bringing the structure up to code versus what damage was caused in the storm. Kelley remarked that the Building Inspector must think that more than 50 percent of the structure needs to be replaced, noting that the ordinances are pretty clear. Flint stated he has difficulty making the Applicant tear down what was pre-existing. Flint commented that numerous residents in the Casco Point area.have expressed complaints regarding the costs associated with obtaining the required structural engineering plans and other studies that the City requests. Flint stated that maybe that issue should be reviewed to see if some of these costs can be avoided. Mayor Jabbour indicated that a hardship must be demonstrated. Flint stated in· his opinion the hardship is that the boathouse was pre-existing, the windstorm damaged the structure, and the Applicant is now requesting to repair what he already had. Mayor Jabbour remarked that the required engineering plans and studies are needed to determine the full extent of the project before work is commenced, and that City Staff attempts to use common sense when requesting these studies. Hanssen indicated that the engineering plan fee was not a big issue in his mind. Mayor Jabbour commented that the difference in this application and other applications is that this application has become necessary due to the damage caused in the storm. Jabbour noted that the City in the past has taken the position that non-conforming structures should not be allowed to stay Page 9 ORONO CITY COUNCIL MEETING MINUTES FOR NOVEMBER 23, 1998 (#2411 Paul Hanssen, continued) if the property owner has allowed the structure to deteriorate. Flint moved, Peterson seconded, to approve Application #2411, 3195 Casco Circle, granting a variance to hardcover in the 0-75'_ setback, a variance to allow a boathouse to · exist within 75' of the lakeshore, and a variance from the side yard adjacent to street · setbacks to allow the structure to be located ten feet from a platted public right-of-way as outlined in the November 18, 1998 Planner's Report. John Erickson stated he understands the position of the City Council, but noted that he was required to remove a pre-existing boathouse. Erickson inquired whether he would be permitted to rebuild that structure. Mayor Jabbour remarked that the resident can submit an application, noting that he is not thoroughly familiar with what the resident was referring to but that it happened a long time ago. Jabbour indicated he would be willing to meet with the resident if he so desired to discuss the matter. Kelley inquired whether Mayor Jabbour's position was that the majority of the damage to the boathouse was caused by the storm rather than the general disrepair of the structure due to deterioration over the years. Mayor Jabbour stated to his understanding the storm eliminated the roof and a tree fell on the boathouse. Hanssen stated the deck was ripped from the foundation, but was unsure as to whether a tree actually fell on the structure. A tree located close to the structure was required to be removed. Mayor Jabbour indicated he understood the storm had damaged the structure. Hanssen remarked the storm damaged the deck. VOTE ON MOTION: Ayes 4, Nays 1. Goetten indicated she was opposed to approving the application due to the fact that City Staff has indicated that the boathouse in their view was not damaged by the storm, and has not changed her understanding of the ordinance at this time. (#8) #2417 TOLD DEVELOPMENT, 2380 SHADYWOOD ROAD -B-5 ZONING AMENDMENT Bob Cunningham, Told Development, was present. Gaffron indicated the Applicant is requesting an amendment to the B-5 Limited Neighborhood Business District to add a drugstore use to the list of allowed (permitted or conditional) uses. The B-5 Limited Neighborhood Business District includes 2380 Shadywood property as well as two areas along Shoreline Drive. The 8-5 District was created in 1975 to provide limited business activity compatible with the adjacent and surrounding residential uses. The 8-5 District was also intended to provide for businesses that serve residents in the surrounding neighborhood as opposed to a place for City-wide or regional oriented uses. These businesses are not intended to be high traffic generators and do not necessitate an inordinate amount of hardcover. The district shall have immediate access to adequate highways and public sanitary sewer. Because of the location of the 8-5 District as contemplated in the area known as Navarre, the uses are limited in order Page 10 ti Application Date: Completion Date: 60 Day Deadline: 8/14/98 9/25/98 11/24/98 REQUEST FOR COUNCIL ACTION DATE: 11/18/98 ITEMNO.: ·7 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description: #2411 Paul and Leann Hanssen 3195 Casco Circle Zoning District: Lot Area: Application: V ariances--Public Hearing LR-IC 24,750 One Family Lakeshore Residential District (1/2 Acre) square feet (.56 acres) The applicants are requesting to repair a boathouse 15 feet from the lakeshore . The existing boathouse has been determined by the City Building staff to be in disrepair. A wind st01m in May heavily damaged a deck that was located on top of the existing boathouse . The deck could be replaced by receiving a building pe1mit, as it had existed before the st01m. However, the Building Official did not issue the building permit due to the condition of the boathouse it would be located above . The deteriorating condition of the boathouse was not a result of the wind storm. This application will require the following variances: l: Hardcover in the 0-75' lakeshore setback. The existing hardcover is 310 s.f.( 4.5%). The applicants are requesting to replace the 160 s .f. boathouse. 2. To allow a boathouse to exist within 75' of the lakeshore. 3. A variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right-of-way, where 15' is required. Conditional Use Permit: The City typically would require a Conditional Use Permit to allow grading and work below the Ordinary High Water Level (OHWL) of929.4'. Staff had contacted the DNR, who requires a permit for any alteration occurring below the OHWL. DNR staff has indicated they would not require a pe1mit in this case because the work would not impact the lakeshore. The boathouse is located 15' from the lakeshore. PLANNING COMMISSION RECOMMENDATION (10/19/98): The Planning Commission recommended by a 4 to 1 vote to: To recommend denial based on the following reasons: 1. The structure is a non-conforming structure within 75' of the lakeshore. 2. The repairs to the structure would include adding foundation and complete replacement of over 50% of the walls. 3. The damage, resulting from the storm, only destroyed the deck. The boat house was not damaged by the storm. The Planning Commission had considered the replacement of a non-conforming structure would require the repairs to not exceed 50% of the value of the structure at the time it became non conforming. The City Attorney has determined this provision only applies to uses, not structures. CITY COUNCIL ACTION (10/26/98): The City Attorney stated Section 10.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non-conforming use. The Council voted 4 to O to table the application and return to the Planning Commission for review based on the new information the Planning Commission did not have the opportunity to consider at the Public Hearing on October 19, 1998. PLANNING COMMISSION RECOMMENDATION (11/16/98): The Planning Commission requested the applicant allow the City to extend the 60 day limitation to allow time for the City Attorney respond to this application. Mr. Hanssen stated he would like an opportunity take this to the City Council. The Planning Commission recommended 7 to O to deny the application based on not having any new information to reverse their decision. COUNCIL ACTION REQUESTED To consider Zoning Application #2411 and direct Staff to draft a Resolution to present to the Council at the December 14, 1998 meeting. Attachments A Planning Commission Minutes (10/19/98) B City Council Minutes (10/26/98) C Notice of Planning Commission Action (10/19/98) D Notice of Council Action (10/26/98) E Letters of Support (3225, 3185, and 3205 Casco Circle) F Section 10.03, Subdivision 5 G Revised Staff Report and Attachments ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 A I o~ 3 (#2413 Paul and Megan Bennett, continued) Weinberger stated this item was before the Planning Commission at the September meetin here it was tabled to allow the Applicant time to pursue possible purchase of an adjacent tax f eited lot. The Applicants are proposing to construct .a 20' by 24' garage with second floor liv· space to the existing residence which requires variances to the side yard adjacent to street ack requirements, side yard setback requirements, rear yard setback requirements, and a vari e to the structural coverage. Weinberger noted in 1991, the City Council adopted Resolution N 982 to permit the construction of a deck by the previous owner with the advisement that futur roposals to increase lot coverage by structure on this property would not be looked upon favO[ ly by the City Council. Weinberger stated without the adjoining lot the hardc r would be at 31 percent and with the adjacent lot it would be 14.4 percent. Bennett commented he is willing to purchas e tax forfeited lot but would like to negotiate on the special assessment for the sewer. Chair Smith stated the Planning C mission does not have the authority to waive special be brought before the City Council. Lindquist commented he ould approve the application if the adjoining lot is purchased and would deny the application i e adjoining lot is not purchased. It was the cone sus of the Planning Commission that the application be approved subject to the purchase of e adjoining lot. mith moved, Schroeder seconded, to approve Application #2413, 500 Hanlon Avenue, as outlined in the October 15, 1998 Planner's Report, subject to the acquisition and legal combination with this property of the tax forfeited property. VOTE: Ayes 5, Nays 0. * NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#10) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE AND CONDITIONAL USE PERMIT, 9:08 p.m. -9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Paul Hanssen was present : Weinberger stated the Applicants are requesting a land alteration permit to replace a boathouse 15 feet from the lakeshore as well as replacement of a deck located on top of the boathouse that was damaged in a wind storm . The building official has reviewed the boathouse and has determined the boathouse to be in a deteriorating condition which was not the result of the wind storm . Weinberger remarked the Applicant has hired a structural engineer to review the boathouse and was advised that the front and back walls would need to be replaced as well as portions of the side wans . The structure's foundation will also need to be replaced which will require a conditional use pern:iit. Page 10 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2411 Paul Hanssen, continued) Staff is recommending the boathouse be treated as a new structure due to the major renovation work that needs to be completed. Staff is recommending denial of the request since the Zoning Code does not allow any structure within 75 feet of the lakeshore. Hanssen stated they have recently purchased the property with the intention of maintaining the boathouse, noting the boathouse is an attractive feature of the property. Hanssen presented the Planning Commission with three letters from the adjoining neighbors expressing their support of allowing the boathouse to remain. There were no public comments. Hawn commented she was not anxious to allow structures along the lakeshore, but stated the Applicant should have the right to rebuild since the structure was pre-existing. A l of 3 Chair Smith noted the structure was already in disrepair at the time of the purchase of the property. Weinberger noted the boathouse was not damaged by the storm but has deteriorated over the years. Stoddard stated he is in favor of the application. Schroeder inquired whether improvements to this structure could be made since the improvements may exceed the 50 perce~t limit allowed for under the ordinance, and recommended the application be denied. Lindquist stated if the improvement costs exceed 50 percent of the fair market value, then the application should be denied. Weinberger stated more information should be obtained on the fair market value. Schroeder commented it is his understanding the value of the structure is what it was in 1975 or 1976 when the ordinance was passed and the improvements cannot exceed 50 percent of that value. Hanssen stated when the property was purchased he knew the boathouse would need some work but thought the structure would last for another ten to fifteen years. Chair Smith stated the Planning Commission is not in a position to determine the value of the structure or the cost of the improvements. Weinberger commented a conditional use permit is needed to do the work around the foundation. Chair Smith suggested tabling the matter until further information can be gathered concerning the ordinance and the fair market value of the structure. Stoddard moved to approve Application #2411, 3195 Casco Circle, granting of a variance to the hardcover requirements in the 0-75' lakeshore setback, a variance to allow a boathouse to exist within 75' of the lakeshore, a variance from the side yard adjacent to street setbacks, and a conditional use permit to allow work on the foundation. MOTION DIED DUE TO LACK OF A SECOND. Lindquist moved, Smith seconded, to deny Application #2411, 3195 Casco Circle. VOTE: Ayes 4, Nays 1, Stoddard opposed. Page 11 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2411 Paul Hanssen, continued) Chair Smith noted the value of the structure should be reviewed by the City Council. (#11) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD -VARIANCE, 9:28 p.m. -9:48 p.m. The Certificate of Mailing and Affidavit of Publication were noted. ·chard and Tanya Gay were present. Wei erger stated the Applicants are requesting to construct a six foot fence within the average lakesh e setback which exceeds the maximum three and a half foot height limit. The Applicant has stat the three and a half foot fence is not adequate to contain his two Russian Wolfhounds. om mending denial of this application since fences are not allowed within 75 feet of Richard Gay stated ey have recently purchased the property and would like to erect a fence to house his dogs. Gay marked he has spoken with the neighbors who are in favor of the fence, noting he is willing to pl t additional landscape to provide more screening. Tanya Gay commented the urrently have two Russian Wolfhounds, which are large dogs, and the fence is needed to prevent em from leaving the yard. Gay stated the dogs are capable of jumping over a three and a half t fence which necessitated the need for the higher fence. Richard Gay stated he was not awar at he would need to obtain approval to construct a six foot fence at the time of the purchase and o became aware of that fact after the property was purchased. There were no public comments. Lindquist inquired whether invisible fencing could Gay stated the invisible fencing would not deter the do . Lindquist stated he understands the desire for the fence, b he does not look favorably on fences within 75' of the lakeshore. Chair Smith agreed with Lindquist. Schroeder stated the hardship is not related to the topography of the I Stoddard wondered whether all of the options have been pursued regardin Chair Smith suggested that perhaps the fence could be removed when the pro Gay indicated he would be in favor of removing the fence at the time of sale. Lindquist inquired whether the fence could be kept out of the front yard. Gay stated they are proposing to locate a portion of the fence in the front yard to permit ace the dogs into the house. Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Public Comments, Continued) Kellogg stated the plans have been submitted to the State, with the City preparing to advertise for bids in January, 1999, awarding the bids in February, 1999, with const ction scheduled to begin in the spring of 1999 . Kellogg remarked construction shoul e completed by October of 1999 . Lyman inquired whether the posted speed limit could be reduced to 3 ph instead of 40 until the road is improved . Lyman stated the current posted speed limit gns are not readily visible and are not adequate . Lyman requested that hidden driveway s· s be posted along the road, noting there are 14 hidden driveways on the Orono side alo emdale Road, which is a hazard. Lyman commented the width of the road does no onform to current City standards as well as not having shoulders . Lyman also requeste e City consider relocating the sign concerning the Luce Line Trail to give the torists more time to slow down . Mayor Jabbour commented Lyman' quests are reasonable but the City of Orono is dictated by law and is not able to wer the speed limit without the input of MnDot. Jabbour stated the Public Works Dep ment can review the locations of the speed limit signs to insure that they are visible to ap aching vehicles . Kellogg stated the ns and specifications for North Ferndale Road will cut down the height of the hills as w as require 30 miles an hour for the new road . Mayor J our remarked the Orono Police Department has purchased a speed monitor which posted along the road to inform the motorists of their traveled speed . yman requested that the speed monitor be posted along the road . Mayor Jabbour requested Gappa to relay Lyman's concerns to the police chief. *ZONING ADMINISTRATOR'S REPORT (#3) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE/CONDITIONAL USE PERMIT Paul Hanssen was present. Weinberger stated the Applicants are requesting a Conditional Use Permit and variances to replace a boathouse and deck located 15 feet from the lakeshore . The deck located above the boathouse was damaged in a windstorm; however , the building official has determined the ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm. Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0-75' setback would be required as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non-conforming structure. Hanssen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market value usually being slightly higher than the assessed value. Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into effect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a determination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non-conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section 10.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non-conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible. Mayor Jabbour suggested tabling the application until the new information regarding the value of the structure is reviewed by the Planning Commission. 5 ORONO CITY COUNCIL MEETING 13 MINUTES FOR OCTOBER 26, 1998 ? f l ___________ :)OT;;) (#2411 Paul Hanssen, Continued) Hanssen inquired whether City Staff could approve the application. Mayor Jabbour stated the City Council would need to approve the application, but would like to wait until the correct information is available. Weinberger stated the 60 day time period for this application ends November 24th. Goetten commented since all the correct facts were not before the Planning Commission when it reviewed this application, they should have the opportunity to review the information to give their recommendation to the City Council. Flint stated it is procedurally better to have this application go back to the Planning Commission for their consideration before the final decision is made by the City Council. Mayor Jabbour recommended placing this item on the agenda for the next Planning Commission meeting to allow them to reconsider their decision based on the correct information. Van Zomeren stated this application will be on the November 16 Planning Commission agenda and will appear before the City Council on the 23rd. Goetten moved, Flint seconded, to send Application #2411, 3195 Casco Circle, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0. (#20) ANN THIES, LAKE :MINNETONKA CABLE COMl\ilISSION -1999 PROPOSED BUDGET Ann Thies, Administrator of the Lake Minnetonka Communications mission, addressed the City Council concerning the 1999 LMCC budget, noting e LMCC has taken over the responsibility for funding local access programmin e new access fee is expected to generate $52,200 in revenues for 1999. Thies commented the expenses rel to equipment repair and maintenance, office rent, studio fees, office equipme access equipment have all increased. A subcommittee has been appointed to lo · to the access fees for the upcoming year. sted the City Council pass a motion approving the 1999 LMCC budget. Mayor Jabbour thanked Ann Thies for her efforts in serving on the LMCC. 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2411 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 --------·------------------------------------------------------------------------------- TO: Paul and Leann Hanssen 3195 Casco Circle Wayzata, MN 55391 COPIES TO: ---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit ---------------------------------------------------------------------------------------- DATE OF MEETING: 10/19/98 VOTE: 1 FOR 4 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1. The structure is a non-conforming structure within 75' of the lakeshore. 2. The repairs to the structure would include adding a foundation and complete replacement of over 50% of the walls. 3. The damage, resulting from the storm, only destroyed the deck. The boat house was not damaged by the storm. Applicant's next scheduled meeting is confirmed as: City Council October 19, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\ WPWIN60\ WPDOCS\CAROLE\PCACTION\2411 C CITY OF ORONO P.O. Box66 Crystal Bay, MN 55323 473-7357 TO: Paul & Leann Hanssen 3195 Casco Circle Wayzata MN 55391 APPLICATION NO. #2411 NOTICE OF COUNCIL ACTION Date of Notice: October 29, 1998 COPIES: TYPE OF APPLICATION: Variance & Conditional Use Permit DATE OF MEETING: 10/26/98 COUNCIL ACTION -MOTION: VOTE: 4 FOR To table the application and return the proposal to the Planning Commission. ' AGAINST If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. jlg D _ .. ·AL __ . rz; WL;J~ ~;vvR~: w ,C ~ /}lyJT ~ ~ i/4 1 t/4 ~~ (r 6 =1~6 JV /4fau_ ~du--J /)/11--D_ i r ~~ r~, J2_~/J/14~ October 19, 1998 Douglas & Cheryl Hawkinson 3205 Casco Circle Orono, Mn 55391 (612) 4710-0121 Dear Orono City Council, Planning Board, Inspections Dept; As the next door neighbors to 3195 Casco Point Circle, we are, without reservation, in favor of the re-building, fixup of the deck on top of the boathouse on the adjoining property. It was severely damaged during the May 15, 1998 storm. The repair is certainly necessary to restore lost value to the property. Please feel free to call me with any questions you may have. Yours, .. Douglas J Hawkinson SEC. 10.03. GENERAL PROVISIONS. F / of 3 · § 10.03 Subd. 1. Minimum Requirements. In their interpretation and application, the provision$ of the Zoning Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. Subd. 2. More Restrictive Provisions To Apply. Where the conditions imposed by any provision of the Zoning Chapter are either more restrictive or less restrictive than comparable I conditions imposed by any other law, City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. ~ ·O Source: Municipal Code ~ Effective Date: 9-14-67 ' ~ Subd .. 3. All Permits Compatible With Agency Requirements. A building permit, conditional or special use permit, or other permit or necessary permission of the Council, wherever or whenever required by the City Code may be denied if the proposed action or permit is not compatible with the intent and provisions of the Surface Water Management Plan, the Storm Water Run-Off . and Shor eland Guidelines Policy Statement promulgated by the Lake Minnetonka Conservation District, and any other valid governmental regulations, plans and policies adopted by the City. Three copies of the Policy Statement, other applicable governmental regulations, plans and policies adopted by the City shall be marked as official copies and filed for use and examination by the public in the City Hall. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 4. Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with the Zoning Chapter. ----,►~subd. 5. Non-Conformin Uses. An land or buil6ings which were ac ua I y ana le g a l Y. evo e o a non-con orm1ng use on Januar y 1 , 19 7 5 l ma y 6e cont 1nue d i n sa 1 d non-con t or m 1 ng u lfe'" p ursuant to cond i t i onal use p ermit g ran t e d as fi ere1na f cef spec i f i ed. A. The non-conforming use may not be changed to anpther non-conforming use . ..Jik.B. Nothing in this Zoning Chapter shall prevent the placing of Fs tructure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary _ ORONO CC 251 ( 4-1-84) § 10.03 repairs shall not constitute more than fifty percent (50%) of the fair market value of such structure. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monuments. C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter. E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming use involving a structure with an assessor's fair market value upon the effective date of this Zoning Chapter of $3,000.00 or less, may be continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non-conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under this Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more _than six (6) months prior to the effective date of this Zoning Chapter, may be completed in accordance with the approved plans; provided cons tr uc t ion is started within six (6) months of the effective date of ~his Zoning Chapter, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally existing non conforming structure and use. H. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non conforming use. ORONO CC 252 (4-1-84) § 10.03 I. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 J. Apply to "Uses" Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter. Where, however, such a si tua t~ existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08. Subd. 6. Lot of Record. A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. Source: Municipal Code Effective Date: 9-14-67 A. Existing Lots. A lot of record existing upon January 1, 1975 in an "R" District, which does not meet the requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: Source: City Code Effective Date: 4-1-84 1. In "R" Districts of One Acre or Less and With Public Sanitary Sewer. A lot of record existing upon the ef feet i ve date of th is Zoning Chapter in any "R" District of the City of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. However, the lot of record shall not be more intensely developed unless ORONO CC 253 (4-1-84} TO: Mayor Jabbour and City Council Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: November 19, 1998 SUBJECT: #2411 Paul and Leann Hanssen 3195 Casco Circle V ariances--Public Hearing Zoning District: Lot Area: Application: LR-IC 24,750 One Family Lakeshore Residential District ( 1 /2 Acre) square feet (.56 acres) The applicants are requesting to repair a boathouse 15 feet from the lakeshore. The existing boathouse has been determined by the City Building staff to be in disrepair. A wind storm in May heavily damaged a deck that was located on top of the existing boathouse. The deck could be replaced by receiving a building permit, as it had existed before the storm. However, the Building Official did not issue the building permit due to the condition of the boathouse it would be located above. The deteriorating condition of the boathouse was not a result of the wind storm. Structural Review: The applicant hired a structural engineer to review the existing condition of the structure and recommend corrective measures to provide a structurally sound foundation conforming to the Minnesota State Building Code. The structural engineer has determined the front and back walls would be replaced and portions of the side walls that will connect to the new front and back walls would have new concrete blocks added to fit the existing walls. The side walls would require some additional repairs. #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11/23/98 Page I The structure has a minimal foundation that would need to be replaced. A portion of the hillside must be temporarily removed to build a foundation under the structure. The existing roof is deteriorated and must also be completely replaced. G Lot History: The Planning Commission recommended denial of variances to tear down the existing residence to allow a new residence on March 17, 1997. The Planning Commission also recommended the applicant remove the boathouse upon new construction. The applicant was a potential buyer of the property, not the current property owner. Following the Planning Commission action the previous applicant withdrew, and did not appear before the City Council. This application will require the following variances: I. Hardcover in the 0-75' lakeshore setback. The existing hardcover is 310 s.f.( 4.5%). The applicants are requesting to replace the 160 s.f. boathouse. 2. To allow a boathouse to exist within 75' of the lakeshore. 3. A variance from the side yard adjacent to street setbacks to allow the structure to be located 1 O' from a platted public right-of-way, where 15' is required. Conditional Use Permit: The City typically would require a Conditional Use Permit to allow grading and work below the Ordinary High Water Level (OHWL) of 929.4' above sea level. Staff had contacted the DNR, who requires a permit for any alteration occuring below the OHWL. DNR staff has indicated they would not require a permit in this case because the work would not impact the lakeshore. The boathouse is located 15' from the lakeshore. Since the work below the OHWL would not require a permit a Conditional Use Permit is not required. Ordinary High Water Level (OHWL) of Lake Minnetonka Lowest floor elevation·for building Footing elevation (footings required to be 5' minimum depth) Pertinent Ordinances: • Section 10.22, Subd. l(A): Lakeshore Setback Regulations 929.4' 932.0' 927.0' • Section 10.56, Subd. 16(L)(l): Lakeshore Setback Regulations #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11/23/98 Page2 • Section 10.25, Subd. 6(B): Setback Regulations for the LR-lC Zoning District • Section 10.56, Subd. 16(J)(5)(i): Land Alteration below OHWL #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11/23/98 Page 3 ANALYSIS Lot Area and Yards LR-IC Lot Area Lot Width Lakeside Yard Side Yard Street Yard (1/2 acre) adj./Street Required 21,780 s.f. 100' 75' 15' 30' Proposed 24,750 s.f. 90' 16' 10' NA The subject property does meet lot area requirements. The structure would be located 15' from Lake Minnetonka where 75' is required. The property is adjacent to a platted, undeveloped street. The code requires a 15' setback for structures adjacent to a street in the LR-1 C Zoning District. Hardcover Distance Total Area in Existing Allowed Proposed Variance from Setback Hardcover Hardcover Hardcover Requested Shoreline 0'-75' 6,750 s.f. 310 s.f. none 310 s.f. To allow (4.5%) (0%) (4.5%) replacement ofa boathouse 75'-250' 13,500 s.f. 4,476 s.f. 3,375 s.f. 4,476 s.f. none (33.1 %) (25%) (33.1%) 250'-500' 4,500 s.f. 1,340 s.f. 1,350 s.f. 1,340 s.f. none (29.7%) (30%) (29.7%) 500'-1000' 0 0 0 0 none (35%) The proposal requires a hardcover variance for the 0-75' lakeshore setback to allow the lot to retain 310 s.f. (4.5%) where 310 s.f. (4.5%) exists. The deck is proposed to be 18' by 20'. #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11/23/98 Page 4 Structural Coverage Total Lot Size Total Structural Coverage Percentage 24,750 s.f. 3,467 s.f. 14.0% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS 1. The boathouse requires major renovation to include complete replacement of two walls and partial replacement of the two remaining walls. Both remaining walls would also require tuckpoint and repairs to cracked block and other masonry to provide a solid wall. The roof would consist of a full replacement. 2. The applicants are requesting to replace a deck above the boathouse. 3. The City Building Official has determined the boathouse is unsafe to construct a new deck above. 4. The deck could legally be repaired because it was damaged in a storm. The building which the deck was located above has been determined to be structurally unsafe not allowing the deck to be constructed. Therefore, the property owners would loose their right to the deck which was involuntarily removed. 5. Last year the Planning Commission recommended denial of variances to allow the existing house to be removed and a new residence constructed. It was recommended at that time the boathouse be removed to reduce hardcover on the lot. The applicants withdrew the application without a hearing with the Council. #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11123/98 Page 5 Attachments A Application B Applicant Letter C Plat Map D Location Map E Topographic Map F Survey G Hardcover Calculation Worksheets H Site Photos I Deck Plan J Structural Engineer Report K Property Owners List L Permit Record #2411 Paul and Leann Hanssen 3195 Casco Circle Variances 11/23/98 Page 6 ' ' I to , Application # cQ </I/ · . A Date Received · £-/J ~ 9 J> Amount Paid ex.,,\'(), tJo CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION · -· . Site Address . c>t"( 5 ~ G'c-~~~c,.._____ Type of Application to be FileC~ . Prope![ly Identification NUjnber (P.I.D.) d-'i::.Jf---Z ;z_~~ ~ ~ L_~c-.,( ce::.t s~ a...~~ q 3. f'"'7?;, ~ <- APPLicA~tJ _ 1 Phone (home) Lf-7 \ -X:S:§=>3. Name~ ~.$ ~ "-... Phone (work) 4:7 I -. ~,$3 f Address ~~ City ______ Zip 55:>4 ( OWNER (if different than applicant) Phone (home) _______ _ Name ----------------Phone (work) _______ _ Address _____________ City _______ Zjp ____ _ L FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP appli9ation · $175.00 Residential Accessory Use --- ___ $250.00 Institutional ( church, school, etc.) ---$225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use --,-K,__ $250.00 Land Alteration --- Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ___ $150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $250.00 Commercial Site Plan Review(+ consultant fees) · $300.00 Vacation --- $200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment · (month/year) C"(\ q;~ "'~ -~- -~ $100.00 Appeals -)(--Other -see Fee Schedule te.p'.:l°l!I" of Non--c~fl""iY"lf 51-ru.dwe '"" 6 , '11 I I ' t f', August 13,1998 Request to replace deck at 3195 Casco Circle We submit this application to replace our deck that was damaged in the May storm. We purchased this property in the early spring of this year. After our purchase but before the actual closing and move in date, a severe wind storm took the deck and lifted it off it's foundation, landing it nearby totally destroyed. The property consists of an older home of marginal value . The deck was one of the main reasons we purchased the property. It greatly enhanced the appeal and value of the property . We only wish to restore it to it's original condition. See Sec 10 .03 Subd paragraph of Orono Municipal code .D Paul and Leann Hanssen B /, ~ I I I 15 : 44 : ( 7) I 1' •\I : ',,,6 1 J )50 \ /\o > ,, '' ' \ : \'' \ v' cP .,., V", '9_,,, ~J'- ·o,,, <' S83' 16'E 108.62 0 tO 60 45 ✓ ~ D~ '!iii 40 39 ( 28) -~- CASCO •~.,;'.1 . .-.'..· : •• I -I ':,• i-:''; ·_j ,-1 ·., C "' : --. ··.,-. • t:i.• • ~ . -·. ~· 0 E -+ + I --~-;--~ ,- I I I I I I .., I ~ I I ;,4.4 I I E] I I I . GE . I I I I I ·-----.. : ... I I <.'. I ·, I I ,, I I 2-S-FR . , , ~ CASCO CIRCLE , I I I I 1 I 2-S-FR . ).JO.J_ 195 ·, . .·· .. ----: ----- c...:.~~--- --9 ... --- ---942----- LAKE MINNETONKA I I I I I I I I I ~ \\ \. \ \ o- ,-,"½t I \ '· '- \ \ \ \ \ F \ ---. I ' ' ' ' ' ' L - . '. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' & I of 3 EXISTING HARDCOVER IN ZON~ A . House B. Garage C. Driveway D. Sidewalk · E. Patio/Deck Length X X X X X X X X X X X F. Landscape ______ x Underlain ----~-x By Plastic _______ x . lD G. Other fz~~ ±ko_.!,e-x TOTAL HARDCOVER IN ZONE Width A TOTAL PROPERTY AREA IN ZONE 0 3,(D -,-B LJ - PROPOSED HARDCOVER IN ZONE A. House ______ x B. · Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE Width X 100 A _,. B _____ X 100 11 500-1000' ______ S.F. ______ S.F. ______ S.F .. -~----S.F. ______ S.F. ______ S.F. ______ S.F. _,__( _,_)_O __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ___,_{_~_0_ 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. A B ______ S.F. ______ S.F. A S.F. B ------ % ------ \ •,, .. I• G HARDCOVER CALCULATION WORKSHEET 500-1000' l O f 3 SETBACK ZONE: (CffiCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A . House * Length F .. -yz- B. Garage . ~ '7t-+,r·--,_ C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other -:,---- '2=. ! X X X · X X X X X X X X X X X X rG:so·· ·--~> 'C __ ,,.-••/ Width I cl TOTAL HARDCOVER IN ZONE TOTAL PROPERfY AREA IN ZONE 250-500' = = = A _ U-l_ . J_ I/_ B / ~.:-< /~-(::~-x 100 = ~-~r~ '--r . PROPOSED HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A X Length X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE -:-:-q ~ 7 B Width --·· ----- 13 = = = = = = = = = = = = = = = X 100 = :;.__, ·.7 ,;-J__ S.F. , ~t}. ~:~: (!) S.F. ------/ --:;-----__. { ,-:: :..1-✓··-i ) ~L--' \" "-~~ --~-... --, -__ ..... _ S.F. --I ·1 -✓ S.F.Q_) ::J S.F. /(,, "5"? S.Fs :2, S' y S .. F. ~ ~66 S.F.6.__) S.F. S.F. S.F. S.F. A S .F. B ;3::3 -l . .,..-~ C % S.F. ------ S.F. ------ S.F. ------ S.F . ------ S.F. ------ -----~:~: ·. c;,i ------ ------ ------ ------ S.F . S.F. S .F. S.F. S.F. S.F. % ------ ~--· A B HARDCOVER CALCULATION WORKSHEET . SETBACK ZONE: (CffiCLE ONE} 0-75' 75-250' e) ; \~O;l~w EXISTING HARDCOVER IN ZONE A. House .·•.' '·,_,.:, -~ ;t ·. ~· x .. ., ,· .. ·•: ,, .. ,.:,; ;. .• ,· . B. Garage ·.:· C. Driveway _ · D. Sidewalk · E. Patio/Deck F. Landscape Underlain By Plastic . G. Other A ·· ,,. Length ·•· -------'---· . -· .. · x · . ~-1'·\0 ~ #,":~ ;i..c:::>'" __ . X X X .. X . ·X X ._ X X X X X ·X X TOTAL HARDCOVER IN ZONE Width TOTAL PRQPERTY AREA IN Z~">--. L35P . . + . B 7:Q_ ~ X 100 = fROPOSED HARDCOVER IN ZONE A. House X Length Width X X X = B. · Garaoe . .:, X C. Driveway X X = ----,---S.F. ______ S.F. ______ S.F . ~25 -· -=!->~6 ··:=f?G .·. ::::6:), S.F .. (:J_;) ______ S.F . ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F.· _____ S.F. ______ S.F. _f:,;.1-0 S.F. A ~~~F. B ______ S.F. --,------S.F. ______ S.F. ______ S.F .. ______ S.F. ______ -S.F. -.------S.F. . r ·s ·c:~;J;~ D .. Sidewalk : : ,· ~ X -· -______ S.F. . ·:·.:· ::}}s;~ ·,..,.2 E. Patio/Deck F. Landscape Underlain By Plastic G. Other A X X X X X X X TOTAL-HARDCOVER. IN ZONE . TOTAL PROPERTY AREA . IN zo~ . ; + B . x 100 =. ----- 11 - ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ -S.F. --~~Q-· ..... ('., L;J;) ______ S.F. A ______ S.F. 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'f\ ! l"--f"-.,1 I 1 T'°-'-~P-, I -\1,=====================1 \ ' i""\...--==========================i ~----t- ' r.....,_::;::_< ~================================:::=========i ! ; '""'_ ~ • , 1 I "" -===========::-===-=-====:.:::=--==============t (l I i ' J \ ---·----~--- !_, ; t } c\•--====.:==-==-===::::::.::....:,', /===1==ti-1(/' l i I ~ ,,", ··· i I • \ ______ _ '{:;:;:===±~==::'::=::::=:i..=Y-...=6===:D=~=-=-=\1..=~ l,,..=-~:t:-=+t,~=c.===e:==p=A-=R===============~Y-;.:: _j u Ab..01'-"\ ' 8,-,A.J LT J.l=-. bEC._\~ -~\AtJ5J£Al R~F 5 3\4 S-LA5c_a C..\-p..c~ ~~~U\c. ~-5TD ~t'\ b ~'.r-1 \ ),C-,.. ~ _ J.H. Dahlmeier Engi11eering Inc. September 24, 1998 Paul Hanson 3105 Casco Circle Orono, MN 55391 Re: Boathouse 3105 Casco. Circle Orono, :MN Commission No. 98212 Dear Paul: The purpose of this letkr is to report the findings of a structural engineering reviev✓ and provide corrective measures f~:i:· your boathouse on your property. ASSIGNMENT . J. H. Dahlmeier Engineering Inc. has been ret~.ined to provide a structural engineering review and report including necessary corrective measures for the boathouse on your property located at 3105 Casco Circle, Orono, :tvfN, as directed by Paul Hanson, o\vner of the property. BACKGROUND The boathouse roof at lake side was severely damaged by the windstorm on May 15, 1998. In order to comply with the City of Orono ordinances, slonn damage repair can proceed only after a stmctural condition study followed by necessary repairs to provide a strncturally sound structure. OBSERVATIONS AND COMMENTS 1. A site visit was conducted by J. H. Dahlmcicr Engineering lnc. on September 10, 1998 to review existing conditions. 2434 Comrni.:rce Boulevafd .. Mound, MN 55364 • (612) 472-•1746 • FAX (612) 472-4761 Paul Hanson September 24, 1998 Page 2 of 3 2. The following observations \'Vere made \Vith respect w the foundation of the boathouse~ a. The foundation is an 8" thick concrete masonry foundation system. b. The boathouse is built in the side of the hill vvith grade at the roof line at the rear and grade at the slab height at the front with grade sloping along the side walls. c. The structure is ten courses high (7'-4"). The slab on grade provides space approximately 10 feet deep v.ith a transverse wood frame wall at this location with backfill approximately 3' -8" above the slab sloping up to the rear foundation approximately 6 feet away. d. No exploratory work was done to dete1mine the depth of the footings, e. Horizontal cracks exist in the masomy side walls indicating frost heave with the wall out oflevel approximately 1/2 11 over its length. f. The rear foundation wall is severdy damaged due to excessive earth pressure and frost heave. 3, The follo\:ving corrective measures are required in order to provide a structurally sound foundation conforming \Vith the Minnesota State Building Code: a. Reconstrnct the rear wall with 12'' block on 16" x 811 footing a minimum of 5 feet below grade, Reinforce with #4 @ 32'' vertical in center of ,vall wilh hook dowel into footing. b. Remove wood frame wall and construct new masonry vvall 8" thick on 16" x 8" footing \vth top of footing 4" below bottom of floor slab. Reinforce with #4 @ 32" vertical in center of wall with hook dowel into footing. Tie this wall to existing pilasters in side wall with #4 dowels@ 16" O.C. grouted in place. c. Underpin front foundation wall and side walls to provide a minimum of 5 feet to bottom of footing on exterior grade. Underpinning to be done in accordance with standard practice 4 feet wide strips. d. Tuckpoint and repair cracked block and other masonry to provide u solid wall. e. Tooth rear wall to side walls to provide a rigid wall system. f. Construct wood roof system using standard caq,entry procedures with roof plate anchored to masonry wall in accordance with the Code. g. Provide wood blocking@ 24" O.C. in first t\VO joist spaces with nailing to rear wall top plate in accordance with the Code. 4. Since the boathouse is a utility structure, protection against frost on the interior is not recommended or required in my opinion. · Paul Hanson September 24, 1998 Page 3 of3 5. It is recommended that this repair work be observed by a registered professional engineer. 6. This report addresses foundation and structural condition and design. Other items may be required by the City to meet existing City ordinances (as stated in City of Orono letter dated September 9, 1998 to Paul Hanson). If you have any questions, please contact me. Sincerely, J. ill:-. ENGINEERING, INC. Q H. Dahlmeier, P.E. JHD:lm I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that 1 run a duly registered professional engineer under the laws of th State of Minnesota. RUN DATE 07/27/98 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 34 0008 03129 CASCO CIR M J DOUGALL/NORWEST BK TRSTE NORWEST BANK NA PETER DOUGALL/06916200-0046 6TH & MARQUETTE MPLS MN 55479 38 20-117-23 43 0022 03205 CASCO CIR CONISTON ESTATES INC CONISTON ESTATES INC 7 BROAD ST CHARLESTON SC 29401 38 20-117-23 43 0025 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0028 03145 ·CASCO CIR BC DOWNEY & BA DOWNEY BC DOWNEY & BA DOWNEY 3145 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0031 00038 ADDRESS UNASSIGNED THE CASCO CO THE CASCO COMPANY ROBERTO MACNIE 3135 CASCO CIR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0020 00038 ADDRESS UNASSIGNED DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 03195 CASCO CIR ROBERT M & JUDITH G BOYLAN ROBERT M BOYLAN 3195 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0026 03165 CASCO CIR GK & D M CARLSON GERALD K & DIANE M CARLSON 3165 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0029 03135 CASCO CIR ROLAND C AMUNDSON ROLAND C AMUNDSON MINNESOTA JUDICIAL CTR 25 CONSTITUTIONAL AVE ST PAUL MN 55155 TOTAL BATCH 503 00013 REPORT NO. PI435401 PAGE 14 38 20-117-23 43 0021 03225 CASCO CIR DAIVD A DOTZENROTH DAVID A DOTZENROTH 3225 CASCO POINT CIR WAYZATA MN 55391 38 20-117-23 43 0024 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0027 03155 CASCO CIR BENJAMIN F ROBERTACCIO ET AL BF & MK ROBERTACCIO 3155 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0030 03133 CASCO CIR G C BECKER/TI MARCHESSAULT G C BECKER/TI MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 ~f-~ ~,~. l ,.,-,,h, ~ u ~' ;;,~I F .. , ,. '[~'•,: .... ,_✓..;-; '··:·.:._,,.''-j')' t,.f:,. ~ II ~\ ::: i···:: . '·. -~·::.J~1 !~ l l"~.-:i.~'Il"~ if,l;c,.,,_"";'"dt:,; .. ... , d / q ,S' Ct10 (!_lJ Cth,C ,Cf) <' .· . , ::;·nrnr::T FlLE PERMIT RECORD L PERMIT NO. DATE TYPE OF PERM.bi 5 ,301 5 -~9 -✓(l~ {llJ) 3· ~ l icJ-l ,,-°'~~'6 £o -b~ I ~199 ~---1 Ll ---~ ~ /<.~ hs!&-6,c,J; .. ~-50 R -2 -9 ;;__ 24 I . . t/5~g l 7 ·-31-q J__ ~&ii~i~e :, &_1_q1 &l ',:;( 3 .-{) Lj (:p_,~ 'j '. ~ .::S:s:) ~ S·SJ -77 ~-A~ ·.··. ,;:>_7 d-0 q -cf r ·7? ;L. . Uty ,effe-U ' ·, R3J. ' -~ -,:) ii ·~ <j Q.dd.-fu✓u1 · ., . I UJl/<;; q .:-d) q -fo 7 t'.ua.-,.iv l.,; . /tp f~ /t> ,Lj-l, 1 ~ /} f 61D6 o2 · 1 7 ·7f? ~ 5'07.3 .. ~-~~-72? V ·~ 1/377 IO c), i -i C) /pl (p d-. /o-;i,?-?o ~ (!h!v fJ1.LZt.1-,v✓ ~ &rqs j/-/t/-;;'D 1!-4t '~ • •,, • • • · I .-•• •~ ' I •,. I , ,; •." •• • • •. ::_:;•': ••,•'.:;~•~.•.•.•, • ••, ':..••'. •• • : • • ••• '•: •,••:•.: .•.. :.,,:,·,' :,.:./: :.;~.• :_:.:.:,•. 1 .•,:;:••:; .:.'• .•,•.•.,~./•:•.•.:••• •.•••;,:,.,:••••,•• •• •••.•• .••.•. • :.~---· .. :::_-.-.~·-:,..-__ ·:,. :.-.-.=·::_:,,:··. . . · .• ,. J'. ~~ lo~ Jv-~ /! .·· 0 ·\ II ; :•,.. \\ ,-,,:,\ii::<{ -11) \~~ \', 1 f'\' . -\ '.·'·11, f:,✓,'.,';/·~ '._>· /;>-, \~ .t,,•.·.''.:.!'• ... ,·. , [;.,~ I; ~ < 1: :tr ii:+\ oy/ ~~.l(E~ko~.~;:; ~----~/ ·-~ ~tl{( CITY of ORONO P.O.BOX66 CRYSTAL BAY. MINNESOTA 55323 i '',,;<W , © RtFUs-so AT Nno, • ·~sr \ ·~,,rvc BANK Peter Dougall 6th& Mar5Jj Mpls., '~,;;ill ~v t'Zf !2,f; P,n ii[!J t;J ND11 1 2 Li1 ii 0,.,1· '-"·,~;;,,) Jo)J ' CITY of ORONO Tom Barrett H inshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402 November 16, 1998 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices RE: Zoning Application #2411 --Paul and Leann Hanssen Dear Tom: Mailing · Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The Planning Commission voted 7 to 0 to deny Paul and Leann Hanssen's application to repair an accessory building located within the 0-75' lakeshore setback. Prior to the vote the Commission requested the applicant agree to extend the 60-day deadline beyond the November 24, 1998 deadline . Mr. Hanssen did not agree to the extension, and chose to move the application back to the City Council on November 23rd . The denial was based on not having enough information to base a decision . The following is a summary of issues that were discussed on Monday evening. 1. All f01mulas relating to replacement value and the adoption of the zoning code are for "uses" only. The following · sections of the code apply to structures supporting a non-conforming use. Section 10.03, Subd . 5(B) Section 10 .03, Subd . 5(D) Section 10.03, Subd. 5(E) Section 10 .03, Subd . 5(F) Section 10.03, Subd. 5(H) Section 10.55, Subd. 26(B) 2 . The following provision applies to non-conforming structures that require structural repairs (not necessarily related to any storm damage). Section 10.03, Subd. 5(J) Telephone (612) 473-7357 • FAX 473-0510 This section would allow any non-conforming structure to be repaired, not replaced, to meet the current State Building Code by only receiving a staff issued building permit. The structure must be legally non-conf01ming. To be legally non-conforming the structure must; a. have been constructed before a building permit would have been required and prior to the adoption of the zoning code or b. have been issued a building permit or c. have been granted a variance and issued a building permit. (When would Council approval be required and when can staff issue a building permit?) 3. To replace or construct a new building that does not conform to the zoning chapter, Council approval is required. 4. Any storm or fire damaged legally non-conforming structure can be repaired, not replaced, by receiving a staff issued building permit. To be legally non-conforming the structure must; a. have been constructed before a building permit would have been required and prior to the adoption of the zoning code or b. have been issued a building permit or c. have been granted a variance and issued a building permit. Please respond to my comments, in general, and in relation to the application by Paul and Leann Hanssen (Zoning Application #2411 ). I plan to include your comments with the Council Packet to be mailed on Friday, November 20, 1998. Please contact Mike, Liz, or me regarding this application . Sincerely, ~z.W~ Paul E. Weinberger Assistant Zoning Administrator Date: To: Fax: Re: Sender: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, A11Y 55323 (612) 473-7357 Fax: (612) 473-0510 FAX TRANSMISSION COVER SHEET YOU SHOULD RECEIVE '3 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 473-7357. Tom Barrett Hinshaw & Culbertson Piper Jaffray Tower, Suite 3100 222 South Ninth Street Minneapolis, MN 55402 November 6, 1998 RE: Non-Conforming Structures Dear Tom: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono has had a number of requests to rebuild non-conforming structures damaged as a result of downed trees, fires or heavy winds. Many of these non-conforming structures were constructed prior to the adoption of the zoning code within required setbacks and along the lakeshore. Until recently, the City has required variances to rebuild damaged buildings. Many of those structures that did not receive variances have since been removed. It has been difficult to determine which structures require variances to be repaired or rebuilt, and if the condition of the structure prior to storms or fires should be considered before issuing a building permit. You did provide useful information at the October 26, 1998 City Council meeting regarding this matter. Could you please draft a letter explaining how the City should handle future requests to rebuild non-conforming structures as it relates to the zoning code. Section 10.03 of the code uses the terms "uses" and "structures" rather loosely. The Planning Commission will hold their regular meeting on November 16, 1998. It would be helpful to provide the Commissioners with a copy on that date. Please feel free to contact Liz, Mike or me should you have any questions. Sincerely, '~cv< t. tU~~r~ Paul E. Weinberger Assistant Zoning Administrator Telephone (612) 47'3-7357 • FAX 473-0510 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2411, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 6th day of November, 1998. ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 (#2399 Muriel Senn, continued) Smith suggested the application be tabled to allow the Applicant time to submit a revised plan . McMillan note.d that most of the residence lies within the 75-250' setback and hardcover can only .be reduced by a slight amount. McMillan stated the overall structural coverage ls more important in her opinion. · Van Zomeren stated the Applicant needs to stay 10 feet from the lot line. Stoddard inquired whether the Applicant had considered building up on the existing residence. Senn stated she would like to have a larger garage . Senn remarked she has had the architect look at this proposal three different times, the surveyor twice, and they were of the opinion that this new plan was feasible for this property. Chair Smith indicated that the Planning Commission has tried to provide further direction for the Applicant. Schroeder stated the Planning Commission could vote on this application tonight so it could proceed on to the City Council who would then make the final decision . Senn stated she woulq like the application to move forward without jeopardizing her application. Senn indicated she would like the application to go to the City Council. Lindquist moved, Smith seconded, to deny Application #2399, 4448 North Shore Drive, as submitted, based upon the existing excessive hardcover in the 75'~250' setback as well as the proposed increase to the structural coverage above 15 percent. VOTE: Ayes 7, Nays 0. (#4) #2410 PETER BOYNTON, 1973 FAGERNESS POINT ROAD, VARIANCES AND CONDITIONAL USE PERMIT, 8:07 p.m. -8:09 p.m. Peter Boynton was not present. Chair Smith recommended this application be tabled. Van Zomeren stated the requested information has not been submitted, and a letter has been sent to the Applicant requesting that he waive the 60/120 day review period . There were no public ·comments . Hawn moved, McMillan seconded, to table Application #2410, 1973 Fagerness Point Road, to allow the Applicant time to submit the required information, and to waive the 60/120 day review period. VOTE: Ayes 7, Nays 0. (#5) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE, VARIANCES AND CONDITIONAL USE PERMIT, 8:09 p.m. -8:28 p.m . Paul Hanssen was present. Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 (#2411 Paul Hanssen, continued) V /einberger stated this application was before the Planning Commission in October where they had recommended 4-1 to deny this application. The City Council reviewed this application at their October 26, 1998 meeting and tabl.ed the application to. allow the Planning Commission to reconsider · the application bas.ed on the finding that the ordinance should have considered the fair market value rather than the value of the structure at the time the zoning chapter was adopted. Tom Barrett, City Attorney, stated that Section 10.03(J) applies only to the use and not the location of a non-conforming structure. Weinberger stated the Applicant is requesting permission to repair an existing boathouse and deck located above the boathouse. The deck cannot be rebuilt without the necessary structural repairs to the boathouse to support the deck. The building inspector has determined that the boathouse was not damaged by the storm and is recommending not allowing the repairs to the deck due to the deteriorating condition of the boathouse. The Applicant has had a structural engineer review the existing condition of the structure and is recommending that the front and back walls be replaced along with portions of the side walls. The foundation is also in need of replacement. Weinberger stated he has contacted the City Attorney in an effort to get written documentation concerning how the zoning code should be applied to this application, and was verbally told that Section 10.03, Subd. S(J) applies to uses only and the boathouse is not considered to be a use. Hanssen stated he would like his application approved. John Erickson, 1620 Shadywood, stated he was forced to remove his boathouse due to the deteriorating condition and indicated he will sue if the City approves this application. Schroeder indicated he did not talk with the City Attorney personally and that this interpretation is Inconsistent with what his understanding has been for boathouses. Weinberger stated that the City Attorney has determined that the section that applies is the section of the code that deals with non-conforming uses, noting that this structure was in existence prior to the ordinance and the property owner may have certain property rights. Schroeder indicated he would like the City Attorney to advise the Planning Commission personally or something in writing dealing directly with this application. Weinberger commented he would feel more comfortable if the City Attorney would comment on this application. · Chair Smith stated she was in agreement and would like the City Attorney to comment on this application. Weinberger stated the City Attorney was uncomfortable about drafting a letter and having it interpreted as City policy when in fact it is an interpretation of the ordinance as it applies to this application. Lindquist remarked if the Planning Commission denies the application, the boathouse will need to be removed unless the City Attorney advises otherwise. Schroeder stated the issue has to do with hardcover in the 0-75' setback, noting that the City's philosophy is to protect the lake by removing structures close to the la.keshore that are in disrepair. Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR NOVEMBER 16, 1998 (#2411 Paul Hanssen, continued) Schroeder recommended tabling the application to allow the City Attorney time to comment. Chair Smith inquired whether there was any further public comment. There was no further public comment. Hawn apologized that the Applicant had to reappear before the Planning Commission, but stated that she would like to get legal counsel on this application. Chair Smith indicated the Planning Commission can either approve, deny, or table this application. Weinberger noted the 60 day period expires November 24th. Staff would request the Applicant agree to extend the 60 day period. Hanssen stated he would like the Planning Commission to proceed on this application. Stoddard inquired what the estimated cost of repairs are. Hanssen stated repairs are estimated at $10,000.00, and the City Assessor has indicated that the fair market value would be listed at $15,000.00. Hanssen indicated he had the understanding that the fair market value did not apply in this case. Schroeder moved, Lindquist seconded, to deny Application #2411, 3195 Casco Circle, due to the understanding that the boathouse/deck could not be rebuilt per City Ordinances. VOTE: Ayes 7, Nays 0 .. (Schroeder leaves from 8:28 p.m. -8:32 p.m.) NEW BUSINESS: PUBLIC HEARINGS (#7) #2435 LUTZ CONSTRUCTION, 3433 LIVINGSTON, VARIANCES, 8:28 p.m. -8:32 p.m. The Certificate of Mailing and Affidavit of Publication were noted. The Applicant was not present. Weinberger stated the Applicant is proposing to construct a house with detached garage on a lot that does not meet lot area or lot width requirements with the intention of selling the house upon completion. The lot is currently served by sanitary sewer and has been vacant since the original house was removed in 1992. · Staff recommends approval of a variance to lot area and lot width since the lot is served with sanitary sewer. There were no public comments. Stoddard moved, Smith seconded, to approve Application #2435, 3433 Livingston Avenue, as submitted. VOTE: Ayes 6, Nays O. Page 10 TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: November 13, 1998 SUBJECT: #2411 Paul and Leann Hanssen 3195 Casco Circle Conditional Use Permit--Variances--Public Hearing The City Council tabled this application at their October 26, 1998 meeting to reconsider the application based on the finding that the ordinance should have considered the fair market value rather than the value of the structure at the time the zoning chapter was adopted. Tom Barrett, City Attorn{.·y, stated at the City Council meeting Section 10.03(J) applies only to the use and not the location of a non-conforming structure. The boathouse is not a "use". It should be noted the boathouse was not damaged by the wind storm. The deck located above the boathouse was damaged. The deck can not be rebuilt without necessary structural repairs to the boathouse to support the deck. The City Building Official has determined the boathouse will need to be reinforced structurally before a building permit can be issued for the deck. The City Attorney is preparing a letter that should explain when it is allowable to permit a non conforming structure to be replaced after damage from a storm, fire, or other "act of god". This application will go before the City Council at their regular meeting on Monday, November 23, 1998. The 60 day time period for City action will expire on November 24, 1998. The City Council minutes are attached to the Planning Report for your review. ----.A "' & • r -. --t: _;:___, ) <.tllii.> Cl Jo '<-tv,·~w ~ ~-v a Tlu.. PC r(v i,u., ... 1..J2.J ~ -,~-ovv 10 /, ,/,. s. tJ 0 .r:J D 5 O , \) o-{) ~ 0 cJl.u.t., ~~~ ~ ~ ~~ o~~~ ~~~ JD, 0~ (.r) (qO -0~ TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: November 13, 1998 SUBJECT: #2411 Paul and Leann Hanssen 3195 Casco Circle Conditional Use Permit--Variances--Public Hearing Zoning District: Lot Area: Application: LR-IC 24,750 One Family Lakeshore Residential District (1/2 Acre) square feet (.56 acres) The applicants are requesting a Land Alteration Permit to replace a boathouse 15 feet from the lakeshore. The existing boathouse has been determined by the City Building staff to be in disrepair. A wind storm in May heavily damaged a deck that was located on top of the existing boathouse. The deck could be replaced by receiving a building permit, as it had existed before the storm. However, the Building Official did not issue the building permit due to the existing condition of the boathouse it would be located above. The deteriorating condition of the boathouse was not a result of the wind storm. Structural Review: The applicant hired a structural engineer to review the existing condition of the structure and recommend corrective measures to provide a structurally sound foundation conforming to the Minnesota State Building Code. The structural engineer has determined the front and back walls would be replaced and portions of the side walls that will connect to the new front and back walls would have new concrete blocks added to fit the existing walls. The side walls would require some additional repairs. #2411 Paul and Leann Hanssen 3195 Casco Circle The structure has a minimal foundation that would need to be replaced. A portion of the hillside must be temporarily removed to build a foundation under the structure. The existing roof is deteriorated and must also be completely replaced. Variances and Conditional Use Permit 10/19/98 Page I Lot History: The Planning Commission recommended denial of variances to tear down the existing residence to allow a new residence on March 17, 1997. The applicant was a potential buyer of the property, not the current property owner. Following the Planning Commission action the previous applicant withdrew, and did not appear before the City Council. This application will require the following variances: 1. Hardcover in the 0-75' lakeshore setback. The existing hardcover is 310 s.f.( 4.5%). The applicants are requesting to replace the 160 s.f. boathouse. 2. To allow a boathouse to exist within 75' of the lakeshore. 3. A variance from the side yard adjacent to street setbacks to allow the structure to be located 10' from a platted public right-of-way, where 15' is required. A Conditional Use Permit is required for the following: 1. Land alteration in the 0-75' lakeshore setback. To allow a foundation to be constructed under the existing location of the structure. Pertinent Ordinances: • Section 10.22, Subd. l(A): Lakeshore Setback Regulations • Section 10.56, Subd. 16(L)(l): Lakeshore Setback Regulations • Section 10.03, Subd. 19: Land Alteration • Section 10 .25, Subd. 6(B): Setback Regulations for the LR-1 C Zoning District #2411 Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10119/98 Page2 ANALYSIS Lot Area and Yards LR-lC Lot Area Lot Width Lakeside Yard Side Yard Street Yard (1/2 acre) adj./Street Required 21,780 s.f. 100' 75' 15' 30' Proposed 24,750 s.f. 90' 16' 10' NA The subject property does meet lot area requirements. The structure would be located 16' from Lake Minnetonka where 75' is required. The property is adjacent to a platted, undeveloped street. The code requires a 15' setback for structures adjacent to a street in the LR-lC Zoning District. Hardcover Distance Total Area in Existing Allowed Proposed Variance from· Setback Hardcover Hardcover Hardcover Requested Shoreline 0'-75' 6,750 s.f. 310 s.f. none 310 s.f. To allow (4.5%) (0%) (4.5%) replacement ofa boathouse 75'-250' 13,500 s.f. 4,476 s.f. 3,375 s.f. 4,476 s.f. none (33.1%) (25%) (33.1 %) 250'-500' 4,500 s.f. 1,340 s.f. 1,350 s.f. 1,340 s.f. none (29.7%) (30%) (29.7%) 500'-1000' 0 0 0 0 none (35%) The proposal requires a hardcover variance for the 0-75' lakeshore setback to allow the lot to retain 310 s.f. (4.5%) where 310 s.f. (4.5%) exists. Should the City approve a Conditional Use Permit and variances, the applicants would be allowed to reconstruct a deck above the boathouse because it was damaged by a storm. The deck is proposed to be 18' by 20'. #2-111 Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10/19198 Page 3 Structural Coverage Total Lot Size Total Structural Coverage Percentage 24,750 s.f. 3,467 s.f. 14.0% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS A. Conditional Use Permit Findings: I. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. The boathouse is a legally non-conforming structure that has existed for many years. The structure has deteriorated to a point it requires major reconstruction or replacement. The Zoning Code would not allow this structure to be built new. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The location of the structure would not be detrimental to public health. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The structure would not comply with allowed hardcover, lot coverage, and street yard setback requirements. Variance approval would be required to issue the Conditional Use Permit for Land Alteration. · #2411 Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10/19198 Page4 1. The boathouse requires major renovation to include complete replacement of two walls and partial replacement of the two remaining walls. Both remaining walls would also require tuckpoint and repairs to cracked block and other masonry to proyide a solid wall. The roof would consist of a full replacement. 2. A conditional use permit is required for land alterations and grading within 75' of the lakeshore to remove a portion of the hillside to place a new foundation under the structure. 3. The variances must be approved to issue a Conditional Use Permit. 4. The applicants are requesting to replace a deck above the boathouse. 5. The City Building Official has determined the boathouse is unsafe to construct a new deck above. 6. The deck could legally be repaired because it was damaged in a storm. The building which the deck was located above has been determined to be structurally unsafe not allowing the deck to be constructed. Therefore, the property owners would loose their right to the deck which was involuntarily removed. 7. Last year the Planning Commission recommended denial of variances to allow the existing house to be removed and a new residence constructed. It was recommended at that time the boathouse be removed to reduce hardcover on the lot. The applicants withdrew the application without a hearing with the Council. OPTIONS • The Planning Commission has the following alternatives to consider: A. Recommend approval of the request with the hardship being the boathouse existed as a legal non-conforming structure, and the deck which was located above the boathouse would be able to be reconstructed if the building was structurally sound. A condition of approval would be the applicants must return any material removed or graded during construction to its existing location and elevation. B. Recommend denial of the request stating the structural condition of the boathouse would require a complete rebuild of the foundation and most of the walls. The Zoning Code does not allow any structure within 75' of the lakeshore. #2411 Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10/19/98 Page 5 Attachments A Application B Applicant Letter C Plat Map D Location Map E Topographic Map F Survey G Hardcover Calculation Worksheets H Site Photos I Deck Plan J Structural Engineer Report K Property Owners List L Permit Record #2411 Paul and Leann Hanssen 3195 Casco Circle Variances and Conditional Use Permit 10/19/98 Page 6 Application# cQ </!/ . A Date Received . £-)J-9 ,J Amount Paid a..,\7J. tJo CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION . Site Address · :3,ft 5 C~ G'c-~~~<>......._ Type of Application to be FiieC~ ~ Propel[[)' Identification Number (P .I.D.) ;;i.'c.:::U::::( ;;cq_~ l::iC:> ~ ~~c-.._( t_~ t --=s ~ a._~~ . ~ ""3,. f' "-c...+,._ ~ <. APPLICA~ tJ I Phone (home) 47 \ -1:S:f:.3. Name~ &h.s.5(2__"-. . Phone(work) 4:7\ -.!f'S".$"-f Address ,-.._.~ City ______ Zip 5_5"34 ( O"\iVNER (if different than applicant) Phone (home) _______ _ Name ________________ Phone (work) _______ _ Address _____________ City _______ Zip ____ _ L FEES -CONDITIONAL USE PER.J.\1ITS - ___ $ 75.00 For each variance request with CUP appli~ation ___ $175.00 Residential Accessory Use ___ $250.00 Institutional (church, school, etc.) ___ $225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use -~-K $250.00 Land Alteration --- Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule ---$150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation --- $200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment · (month/year) -~ $100.00 Appeals 'X Other -see Fee Schedule te.p1tr of Non--Conf-o,,.,.,iV"lf 5111.Ac.l-tMe 6 August 13,1998 Request to replace deck at 3195 Casco Circle We submit this application to replace our deck that was damaged in the May storm. We purchased this property in the early spring of this year. After our purchase but before the actual closing and move in date, a severe wind storm took the deck and lifted it off it, s foundation, landing it nearby totally destroyed. The property consists of an older home of marginal value. The deck was one of the main reasons we purchased the property. It greatly enhanced the appeal and value of the property. We only wish to restore it to it's original condition. See Sec 10.03 Subd paragraph of Orono Municipal code.D Paul and Leann Hanssen B 15 I I I I 44 I • ! (.7) j'\ : '',,6 CASCO C SPRING PARK ····· (31) .... : . .. : ;. : :. -~:· ... -.. .-_·Bay \ .·· .· ,-... . .... . . ,,... . C,OOSE ... ·.,,. .. ·_ ~, ISLAND . '. : ~::.::::.i ·: ~ •· . 0 + + ,-------I I I I I I ;;+.• E] I I . ~ .. · I I I ......... ~. I I -:.,. I ' ., I ,, I I 1$1. 0 2-S-FR ....... ,' :. ....... /·' , I I I , ., I I ., -"'-- ' ' CASCO CIRCLE ~~® I I , I /; I I I I I I I I I I I I I I I I ---- : .. ·· .. ---~-~~-- ..,.... .... ...,. c...::.. ~..:.: :__ -_.:.._ --9"4 --- ---.... ----- '-AKE MINNETONKA l>Owu Ocie I I I I I I I I ' I I I ' I I I m ' 0\ \ \ \ \ F \ ---.. ' , ,' '~ I \ I \ '- ' \ \ \ I I I I I I I I ,\ I \ I \I I .,--~ ...... ., ' ., \ 1 \ ~ I'\ •• ~ ?-_·~: . . I I •,r . , , ., --.... I I '. I ',1 I 'j I f\ I '. \ I \ ' I \, I , I , , , I l . .- 1 I I ' ' ' I ~: I I \ L ' ' HARDCOVER CALCULATION WORKSHEET & l of 3 SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' EXISTING HARDCOVER IN ZON~ A. House B. Garage C. Driveway D. Sidewalk· E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X TOTAL HARDCOVER IN ZONE Width A TOTAL PROPERTY AREA IN ZONE~ 3i(D + B LJ~ x 100 = PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE + B Width ----- 11 = = X 100 = 500-1000' ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ ------S.F. ~( ~)_O __ S.F. ______ S.F. ______ S.F. S.F. ------ S.F. ------ ------S.F. ______ S.F. ~i-~_O_ 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. ______ S.F. B ______ S.F. A S.F. B ------% ------ G HARDCOVER CALCULATION \VORKSHEET 500-1000' J O f 3 SETBACK ZONE: (CIRCLE ONE) 0-75' -~·-·-···-. ~~: ____ .... :· EXISTING HARDCOVER IN ZONE A. House r~ X Length ~ X X Width 1;1 X B. Garage ~~ X ,. C. Driveway X -":1-.--- X D. Sidewalk .;)__ < s-X --+·'7 X E. Patio/Deck $ X I 2,., X F. Landscape i.f X Underlain X By Plastic X G. Other X TOT AL HARDCOVER IN ZONE TOTAL PROPERl'Y AREA IN ZONE A -#~ B -·---.~~:---:---x 100 .... .,. / PROPOSED HARDCOVER IN ZONE A. House X Length Width X X X B. Garage X C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X G. Other X TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A --(7· ~ -; + B X 100 -· 13 250-500' = = = = = = = = = = = = = = = = = = = = = = = = = = S.F. ===~=i=f= ~-:~: (!j S.F. ------ S.F. ------·-__ ,_._, ~-3~ S.F.Q_) S.F. ------ ---'-="'=---,--c-,~?=-· _ S.F.~ :2,5?]' S.F~ __ C,_6_<....)_' _ S.F.6._,) S.F. ------S.F. S.F. S.F. A ------S.F. B ------,-- ,3;3 "\ % S.F. S.F. ,£f•6!'.;-'::~ S.F. S.F. S.F. ~lli'::::C.·" .o-:.~~ S.F. ~ S.F. :~_6S;:)J _:: ;] S.F . . , .. S.F. :~\j S.F. C''l ""\\ !· S.F. ·i ,·. J ·,~: S.F. ~ S.F. S.F. S.F. S.F. A ------S.F. B ------% HARDCOVER CALCULATION WORKSHEET . SETBACK ZONE, (CffiCLE ONE) 0-75' 75-250' e) > ··• ~oi,:1~00' . EXISTING HARDCOVER IN ZONE A. House .··. ' '•, '.., · · '. y x •.,:,,. ;. .. B. Garage C. Driveway_ D. Sidewalk· · E. Patio/Deck F. Landscape Underlain ,,. Length ,·, . ~7\\0 { a7.~7.r::;, ;i,t5··· ... X . X X X .. X X X X X X By Plastic . _____ _ X X X G. Other X TOTAL HARDCOVER IN ZONE = Width = = = = = = A T_OTAL PRQPERTY AREA IN Z~~--:;,-.... l39? . + B :r:2:._:___. -~--X 100 = PROPOSED HARDCOVER IN ZONE A. House ______ x D. · Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X Width . TOTAL· HARDCOVER IN ZONE ·TOTAL PROPERTY AREA IN ZONE · = = = = = = = = = = A + B · -----x 100 = 11- ______ S.F. . ' ______ S.F. ______ S.F . ~-S.F.~ =!?b6 S.F. . ··:t2C:> . ·S.F: . Lf . ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. S.F.· S.F. S.F. ~§!; S.F. S.F. % ______ S.F. A B -,------~:~: ,i?.J;~ ______ .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. A S.F. B ------% ------ t \. ; I" \I_ '\I, ! ~ H k:"---......!.....---------···----·--------\8'-o--t __ _:__ ________ ~ r ---: -I ;==================================================···:...:::·--==.:.:-·· ::::=.;;;;.-··::.::::::======t , r: :✓ \<".'."_-y,i,.1 r ~i.---, '"' . __, . j ~ f'···_.•-.,,-.) \ ".: .\ • ...:,,-;\/-.,,_'I ·-·'-'•· • '_..,.1/~\ ,.__,,-l i ! i::=: ====~'=========================l· I ! . I zo'-o· i " bEc.JZ. r\AN57EN RE5 -6\4 S-'--A5c:_6 c\1~-cu ~~i?L/-\c_~ -:5Tbf2.f,\ DA.l'-1\;\:_C--,-.\~ m411 J.H. Dahlmeier Engi11eering Inc. Septemb~r 24, 1998 Paul Hanson 3105 Casco Circle Orono, MN 55391 Re: Boathouse 3105 Casco. Circle Orono, ~1N Commission No. 98212 Dear Paul: The purpose of this letkr is to report the findings of a structural engint:ering review and provide corrective measures f~:ir yot1r boathouse on your property. ASSIGNMENT . J. H. Dahlmeier Engineering Inc. has been ret~.ined to provide a structural engineering review and report including necessary corrective measures for the boathouse on your property located at 3105 Casco Circle, Orono, lvfN, as directed by Paul Hanson, o\vner of the property. BACKGROUND The boathouse roof at lake side was severely damaged by the windstonn on May 15, 1998. In order to comply with the City of Orono ordinances, stonn damage repair can proceed only after a strnctural condition study follO\ved by necessary repairs tu provide a structurally sound structure. OBSERVATIONS AND COMMENTS 1. A site visit \Vas conducted by J. H. Dahlmcicr Enginec;:ring Jnc. on September 10, 1998 to review existing conditions. 2434 Comtn(;rce Boulevafd • Mound, MN 55364 • (612J 472-,1746 • FAX (612.) 4i2-4761 Paul Hanson September 24, l 998 Page 2 of 3 2. The follov.fog observations \vere made \vi th respect w the foundation of the boathouse: a. The foundation is an 8" thick concrete masonry foundation system. b. The boathouse is built in the side of the hill \.Vith grade at the roof line at the rear and grade at the slab height at the front v,ith grade sloping along the side walls. c. The structure is ten courses high (7'-4"). The slab on grade provides space approximately 10 feet deep v.ith a transverse wood frame wall at this location with backfill approximately 3' -8" above the slab sloping up to the rear foundation approximately 6 feet away. d. No exploratory work was done to dete1mine the depth of the footings. e. Horizontal cracks exist in the masonry side walls indicating frost heave with the \.Vall out of level approximately 1/2" over its length. f. The rear foundation \Vall is severdy damaged due to excessive earth pressure and frost heave. 3. The following corrective measures are required in order to provide a structurally sound foundation conforming with the Minnesota State Building Code: a. Reconstruct the rear wall with 12'' block on 16" x 811 footing a minimum of 5 feet below grade. Reinforce with #4 @ 32'' vertical in center of ,vall \Vith hook dowel into footing. b. Remove wood frame wall and construct new masonry wall 8" thick on 16" x 8" footing \Vth top of footing 4" below bottom of floor slab. Reinfor,~e with #4 @ 32" vertical in center of wall with hook dowel into footing. Tie this wall to existing pilasters in side wall with #4 dowels@ 16" O.C. grouted in place. c. Underpin front foundation wall and side walls to provide a minimum of 5 feet to bottom of footing on exterior grade. Underpinning to be done in accordance with standard practice 4 feet wide strips. d. Tuckpoint and repair cracked block and other masonry to provide a solid wall. e. Tooth rear wall to side walls to proYide a rigid wall system. f. Construct wood roof system using standard caq,entry pro~edures with roof plate anchored to masonry wall in accordance with the Code. g. Provide \Vood blocking @ 24" O.C. in first two joist spaces with nailing to rear \Vall top plate in accordance \Vith the Co<le. 4. Since the boathouse is a utility structure, protl!ction against frost on the interior is not recommended or required in my opinion. Paul Hanson September 24, I 998 Page 3 of3 · 5. It is recommended that this repair work be observed by a registered professional engineer. 6. This report addresses foundation and structural condition and design. Other items may be required by the City to meet existing City ordinances (as stated in City of Orono letter dated September 9, 1998 to Paul Hanson). If you have any questions, pleas~ contact me. Sincerely, J. i~R ENGINEERING, L'IC. Q H. Dahlmeier, P.E. JHD:lm I hereby certify that thi's plan, specification or rl!port was prepared by me or under my direct supervision and that I run a duly registered professional engineer under the laws of th State of Minnesota. ~UN DATE 07/27/98 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 34 0008 03129 CASCO CIR M J DOUGALL/NORWEST BK TRSTE NORWEST BANK NA PETER DOUGALL/06916200-0046 6TH & MARQUETTE MPLS MN 55479 38 20-117-23 43 0022 03205 CASCO CIR CONISTON ESTATES INC CONISTON ESTATES INC 7 BROAD ST CHARLESTON SC 29401 38 20-117-23 43 0025 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0028 03145 'CASCO CIR BC DOWNEY & BA DOWNEY BC DOWNEY & BA DOWNEY 3145 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0031 00038 ADDRESS UNASSIGNED THE CASCO CO THE CASCO COMPANY ROBERTO MACNIE 3135 CASCO CIR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0020 00038 ADDRESS UNASSIGNED DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 03195 CASCO CIR ROBERT M & JUDITH G BOYLAN ROBERT M BOYLAN 3195 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0026 03165 CASCO CIR GK & D M CARLSON GERALD K & DIANE M CARLSON 3165 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0029 03135 CASCO CIR ROLAND C AMUNDSON ROLAND C AMUNDSON MINNESOTA JUDICIAL CTR 25 CONSTITUTIONAL AVE ST PAUL MN 55155 TOTAL BATCH 503 00013 REPORT NO. PI43540l PAGE 14 38 20-117-23 43 0021 03225 CASCO CIR DAIVD A DOTZENROTH DAVID A DOTZENROTH 3225 CASCO POINT CIR WAYZATA MN 55391 38 20-117-23 43 0024 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0027 03155 CASCO CIR BENJAMIN F ROBERTACCIO ET AL BF & MK ROBERTACCIO 3155 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0030 03133 CASCO CIR G C BECKER/TI MARCHESSAULT G C BECKER/TI MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 ~}~ ~ .. 1-~1 i•, ,-r;h, ,..,, ""/ ,\ \j.;, !: ,.,,?:·:·.:-ff i'. '\. i,./. •,.:··:·: !I I\ , . k-._:.·:.:·.~.:.1 .. i:":·"'=l B:,,. .. ;.a...r_~1'.:.:.-:_;(,# . . , PERMIT RECORD PERMIT NO. DATE 5 ~a-9 ·✓ q 4 TYPE OF PERMI.!I' (LlJ) f)J:Ja~ I ~199 !f:5-StJ 7 ·-31-9;;__ P.Lhi 5, 3/-77 .;J.. 7_ ~o ; '/377 ult;: ' . ~ . . ' . . -. . . ... . ._ .. ,, .. : I >· .• .. ':~ ,:•i. .••I ;I•••,• : ~-'•\, • :/;-.:~ , '• . •:•., 5~ • • • • I "I: . •:' . . .. ,. . , ,, ..... /.;:::\?:::' \) .. :./_··.: .. L ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Public Comments, Continued) Kellogg stated the plans have been submitted to the State, with the City preparing to advertise for bids in January, 1999, awarding the bids in February, 1999, with construction scheduled to begin in the spring of 1999. Kellogg remarked construction should be completed by October of 1999. Lyman inquired whether the posted speed limit could be reduced to 35 mph instead of 40 until the road is improved. Lyman stated the current posted speed limit signs are not readily visible and are not adequate. Lyman requested that hidden driveway signs be posted along the road, noting there are 14 hidden driveways on the Orono side along Ferndale Road, which is a hazard. Lyman commented the width of the road does not conform to current City standards as well as not having shoulders. Lyman also requested the City consider relocating the sign concerning the Luce Line Trail to give the motorists more time to slow down. Mayor Jabbour commented Lyman's requests are reasonable but the City of Orono is dictated by law and is not able to lower the speed limit without the input of MnDot. Jabbour stated the Public Works Department can review the locations of the speed limit signs to insure that they are visible to approaching vehicles. Kellogg stated the plans and specifications for North Ferndale Road will cut down the height of the hills as well as require 30 miles an hour for the new road. Mayor Jabbour remarked the Orono Police Department has purchased a speed monitor which could be posted along the road to inform the motorists of their traveled speed. Lyman requested that the speed monitor be posted along the road. Mayor Jabbour requested Gappa to relay Lyman's concerns to the police chief. ¾zoNING ADMINISTRATOR'S REPORT (#3) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE/CONDITIONAL USE PERl\HT Paul Hanssen was present. ·weinberger stated the Applicants are requesting a Conditional Use Permit and variances to replace a boathouse and deck located 15 feet from the lakeshore. The deck located above the boathouse was damaged in a \vindstorm; however, the building official has determined the ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm. Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0-75' setback would be required as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non-conforming structure. Hanssen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market vatue usually being slightly higher than the assessed value. Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into effect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a determination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non-conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section 10.03(]) applies only to the use and not to the location of the structure, noting the boathouse is not a non-conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible. Mayor Jabbour suggested tabling the application until the new information regarding the value of the structure is reviewed by the Planning Commission. 5 ORONO CITY COUNCIL MEETING 1\.'IINUTES FOR OCTOBER 26, 1998 (#2411 Paul Hanssen, Continued) Hanssen inquired whether City Staff could approve the application. Mayor Jabbour stated the City Council would need to approve the application, but would like to wait until the correct information is available. Weinberger stated the 60 day time period for this application ends November 24th. Goetten commented since all the correct facts were not before the Planning Commission when it reviewed this application, they should have the opportunity to review the information to give their recommendation to the City Council. Flint stated it is procedurally better to have this application go back to the Planning Commission for their consideration before the final decision is made by the City Council. Mayor Jabbour recommended placing this item on the agenda for the next Planning Commission meeting to allow them to reconsider their decision based on the correct information. Van Zomeren stated this application will be on the November 16 Planning Commission agenda and will appear before the City Council on the 23rd. Goetten moved, Flint seconded, to send Application #2411, 3195 Casco Circle, back to the.Planning Commission for their review. VOTE: Ayes 4, Nays 0. (#20) ANN THIES, LAKE MINNETONKA CABLE COMMISSION -1999 PROPOSED BUDGET Ann Thies, Administrator of the Lake Minnetonka Communications Commission, addressed the City Council concerning the 1999 LMCC budget, noting that the LMCC has taken over the responsibility for funding local access programming. The new access fee is expected to generate $52,200 in revenues for 1999. Thies commented the expenses related to equipment repair and maintenance, office rent, studio fees, office equipment and access equipment have all increased. A subcommittee has been appointed to look into the access fees for the upcoming year. Thies requested the City Council pass a motion approving the 1999 LMCC budget. r.1ayor Jabbour thanked Ann Thies for her efforts in serving on the LMCC. . 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Paul and Leann Hanssen 3195 Casco Circle Wayzata, MN 55391 ZONING FILE #2411 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 21, 1998 COPIES TO: ------------------------------------------------------------------------------------------------- TYPE OF APPLICATION: Conditional Use Permit ------------------------------------------------------------------------------------------------------------- DATE OF MEETING: 10/19/98 VOTE: 1 FOR 4 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1. The structure is a non-conforming structure within 75' of the lakeshore. 2. The repairs to the structure would include adding a foundation and complete replacement of over 50% of the walls. 3. The damage, resulting from the storm, only destroyed the deck. The boat house was not damaged by the storm. Applicant's next scheduled meeting is confirmed as: City Council October 19, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\ WPWIN60\ WPDOCS\CAROLE\PCACTION\2411 . --·-----····-..::£..·--·· - 7; wL;J~4~: (;J ~ ~ /Y'? ¥ ~ tie .._____...I 1~ /~~ls/J=7/~6 JJ,4_~ w,,dv-J /YvY-J' r Lz-t!v0J F~, jl-/Jfawt_ October 19, 1998 Douglas & Cheryl Hawkinson 3205 Casco Circle Orono, Mn 55391 (612) 4710-0121 Dear Orono City Council, Planning Board, Inspections Dept; As the next door neighbors to 3195 Casco Point Circle, we are, without reservation, in favor of the re-building, fixup of the deck on top of the boathouse on the adjoining property. It was severely damaged during the May 15, 1998 storm. The repair is certainly necessary to restore lost value to the property. Please feel free to call me with any questions you may have. r~ !k-.· /_/~~ I -·•· ~ t.:l --···------ Douglas J Hawkinson --._, § 10.03 SEC. 10.03. GENERAL PROVISIONS. Subd. 1. Minimum Requirements. In their interpretation and application, the provisions of the Zoning Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare. Subd. 2. More Restrictive Provisions To Apply. Where the conditions imposed by any provision of the Zoning Chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law, City Code provision, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. Source: Municipal Code Effective Date: 9-14-67 Subd .. 3. All Permits Compatible With Agency Requirements. A building permit, conditional or special use permit, or other permit or necessary permission of the Council, wherever or whenever required by the City Code may be denied if the proposed action or permit is not compatible with the intent and provisions of the Surface Water Managemen·t Plan, the Storm Water Run-Off and Shoreland Guidelines Policy Statement promulgated by the Lake Minnetonka Conservation District, and any other valid governmental regulations, plans and policies adopted by the City. Three copies of the Policy Statement, other applicable governmental regulations, plans and policies adopted by the City shall be marked as official copies and filed for use and examination by the public in the City Hall. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 4. Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with the Zoning Chapter. ~"' __,,_\iiihi,ill.-+ Subd. 5. Non-Conformin2 Uses. Anx., land or build-ings "'-!i'QJ.9h ~§.-5''1J:\l,,alJY:hlii~il!faevote]:I~: non':9ont'ormi~ .. ~uary J, ,1~12, .. ma:i ... )e. c·ol}.~.~!l.. sc;,1O non-co~1ng "tis"'?!_. EU r spf~~ to cot"Lc;l.1 V.2rtc!.l use __ E.,.e,~ m 1 t __ 3 r c;!;,tea .. , as __ 1:f:.r e 1 n_!-!,!!!_ spec1 1e . A. The non-conforming use may not be changed to another non-conforming use. ~B. Nothing in this Zoning Chapter shall prevent the placing of 1'\tructure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary_ ORONO CC 251 (4-1-84) ! ( i ~ ' . < ' § 10.03 repairs shall not constitute more than fifty percent (50%) of the fair market value of such structure. Structure shall include such accessory features attached to the structure or located anywhere on the land, such as signs, marquees, monuments. C. When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. D. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is seventy-five percent (75%) or more of its fair market value as shown on the assessment records at the time of damage, in which case the whole thereof shall be demolished, and any construction thereafter shall be for a use in accordance with the provisions of this Zoning Chapter. E. Whenever a lawful non-conforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be in conformity with the provisions of this Zoning Chapter. F. Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming use involving a structure with an assessor's fair market value upon the effective date of this Zoning Chapter of $3,000.00 or less, may be continued for a period of thirty-six (36) months after the effective date of this Zoning Chapter, whereupon such non-conforming use shall cease, unless brought into conformity with the Zoning Chapter. G. Any proposed structure which will, under this Zoning Chapter, become non-conforming but for which a building permit has been lawfully granted not more _than six (6) months prior to the effective date of this Zoning Chapter, may be completed in accordance with the approved plans; provided cons true t ion is started within six (6) months of the effective date of ~his Zoning Chapter, and continues to completion within two (2) years. Such structure and use shall thereafter be a legally existing non conforming structure and use. H. Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non conforming use. ORONO CC 252 (4-1-84) § 10.03 I. Alterations may be made to a building containing 1wful non-conforming residential units when they will improve the Lvability thereof, provided they will not increase the number of Melling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 * J. Apply to "Uses" Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter./ Where, however, such a situat~ existed legally under the p t'ior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08. Subd. 6. Lot of Record. A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the .Register of Deeds or the Registr~r of ~itles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. Source: Municipal Code Effective Date: 9-14-67 A. Existing Lots. A lot of record existing upon January 1, 1975 in an "R" District, which does not meet the requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are met: Source: City Code Effective Date: 4-1-84 1. In "R" Districts of One Acre or Less and With Public Sanitary Sewer. A lot of record existing upon the effective date of th is Zoning Chapter in any "R" Dis tr ic t of the City of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes without Council approval if the area measurements and width of that lot are within eighty percent (80%) of the requirements of this Zoning Chapter. However, the lot of record shall not be more intensely developed unless ORONO CC 253 (4-1-84) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax (612) 473-0510 NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2,780 Kelley Parkway on Monday, November 16 , 1998 , beginning at 6 :30 p .m . on the matter of reviewing the following land use applications: 1. #2395 Brent Bentrott , 1453 Park Drive , requests a conditional use permit to alter land and grade wit hin 5' ol the property line and variances for side yard adjacent to a street and hardcover to build a new garage in the 75-250' setback. i #2399 Muriel Senn, 4448 North Shore Drive , requests multiple variances for an addition to an existing residence. 3 . #2410 Peter Boynton , 1973 Fagerness Point Road , requests a conditional use permit to alter land in the 0- 75' .lakeshore setback and multiple variances to remove the existing residence to construct a new residence . 4. 112411 Paul Hanssen , 3195 Ca sco Circle , requests vanances an d a cond iti on al use permit to rebuild a deck previously located on a boathouse. 5. 112416 TOLD Development Co. requests commercial site plan approval and variances including but not limited to hardcover and lot coverage, for construction of a 14,175 s.f . Walgreen 's drugstore at 23 8 0 Shadywood Road. The property is zoned 8-5 Limited Neighborhood Busi ness Dist rict. 6 . 112417 TOLD Dev el opment Co . requests an amendment to the Orono zoning code to allow a 'drugstore' use on the property at 2380 Shadywood Road by adding 'drugstore' to the list of allowed Conditional Uses within the 8-5 Lim i ted Neighborhood Business District. The property is zoned 8 -5 . Drugstores are currently allowed only within the B-1 and 8-3 business districts. 7. 112435 Lutz Construction , having an interest in 3433 Livingston Avenue , requests a lot area and lot width variance to construct a new residence on a vacant lot. 8. 112437 Jeff Martineau, 2565 North Shore Drive , requests variances for average lakeshore setback and hardcover in the 0-75 ' setback to add a 3'x13' addition in exchange for a portion ol a deck and to change the lakeside roof elevation. 9 . #2438 · Michael Sletten , 4680 Bayside Road , requests a lot line rearrangement to sell a portion of the property to an adjacent owner for septic system use . 10 . 112439 Service 800 , Inc . requests commercial site plan approval and variances including but not limited to lot coverage, and requests a Conditional Use Permit for construction of a 10,880 s.f. office building at 2190 West Wayzata Boulevard . The property is zoned B-·1 Retail Sales Busin ess Dis trict. 11 . 112440 Dale Gustafson on behalf of Richa rd Lux , 1209 French Creek Drive, reques,s a rear yard variance to construct a pool , terrace and deck. Affidavit of Publication tate of Minnesota, County of Hennepin. ill Holm, being duly sworn on oath, says that he is 1 authorized agent and employee of the publisher the newspaper known as THE LAKER, Mound, innesota, and has full knowledge of the facts hich are stated below : .) The newspaper has complied with all the iquirements constituting qualifications as a Jalified newspaper, as provided by Minnesota tatute 331A.02, 331A.07, and other applicable · ,ws, as amended. .)Theprinted Land Use Applications hich is attached was cut from the columns of said 12. 112442 Tony Eiden having an interest ewspaper, and was printed and published once in 345 Leaf Street , requests a renewal of a "Ch week for 1 lot area variance. ::, ----successive weeks: All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited. Plans are available in the City Offices for review , by appointment. For an appointment, call 473-7357 . City of Orono By : Planning Commission Elizab eth Van Zomeren City Planner!Zoning Administrator (Published in The Laker and Pion eer Oct. 31 , 1998) It was first published Saturday the 3ldayof October 199..8_, and was thereafter printed and published every Saturday, to and including Saturday, the. __ day rnlltdl_:_-· Authorized Agent Subscribed and sworn to me on this -........ ~-~~ -·-. .-·-, -. :.-~ KRISTI HOLM NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2000 (1) Lowest classified rate paid by commercial users for comparable space: $12 .90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week: $5.14. r, ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (Public Comments, Continued) Kellogg stated the plans have been submitted to the State, with the City preparing to advertise for bids in January, l 999, awarding the bids in February; 1999, with construction scheduled to begin in the spring of 1999. Kellogg remarked construction should be completed by October of 1999 . Lyman inquired whether the posted speed limit could be reduced to 3 5 mph instead of 40 until the road is improved. Lyman stated the current posted speed limit signs are not readily visible . and are not adequate. Lyman requested that hidden driveway signs be posted along the road, noting there are 14 hidden driveways on the Orono side along Ferndale Road, which is a hazard . Lyman commented the width of the road does not conform to current City standards as .well as not having shoulders . Lyman also requested the City consider relocating the sign concerning the Luce Line Trail to give the motorists more time to slow down. Mayor Jabbour commented Lyman's requests are reasonable but the City of Orono is dictated by law and is not able to lower the speed limit without the input of MnDot. Jabbour stated the Public Works Department can review the locations of the speed limit signs to insure that they are visible to approaching vehicles. Kellogg stated the plans and specifications for North Ferndale Road will cut down the height of the hills as well as require 30 miles an hour for the new road. Mayor Jabbour remarked the Orono Police Department has purchased a speed monitor which could be posted along the road to inform the motorists of their traveled speed . Lyman requested that the speed monitor be posted along the road . Mayor Jabbour requested Gappa to relay Lyman's concerns to the police chief ZONING ADMINISTRATOR'S REPORT (#3) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE/CONDITIONAL USE PERMIT Paul Hanssen was present. Weinberger stated the Applicants are requesting a Conditional Use Permit and variances to replace a boathouse and deck located 15 feet from the lakeshore. The deck located above the boathouse was damaged in a windstorm; however, the building official has determined _ the ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2411 Paul Hanssen, Continued) boathouse to be in disrepair, which is not the result of the windstorm. Weinberger stated the Applicants have had a structural engineer inspect the boathouse who has determined that the front and back walls would need to be replaced as well as portions of the side walls. A variance to hardcover in the 0-75' setback would be required as well as a variance to allow the boathouse to exist within 75' of the lakeshore, and a variance from the side yard adjacent to street setbacks. Weinberger stated the Planning Commission denied this application based on their understanding of the ordinance which limits improvements to 50 percent of the fair market value of the non-conforming structure. Hanssen commented he would like to improve the boathouse as it is a nice asset to the property, noting he was unsure as to why the Planning Commission denied his request. Hanssen stated the assessed value of the boathouse is listed at $15,000, with the fair market value usually being slightly higher than the assessed value. Mayor Jabbour stated the improvements cannot exceed 50 percent of the fair market value. Hawn stated it was the Planning Commission's understanding that the value is what it was at the time the ordinance was put into effect. Hanssen stated the ordinance specifies the fair market value of the structure at the time of the loss. Mayor Jabbour commented that perhaps this application should have been tabled until a determination was reached on the fair market value of the structure. Barrett stated this is the first time he has had an opportunity to review this application, noting the ordinance concerning non-conforming structures limits improvements to the existing structure to 50 percent of the present fair market value. Section I0.03(J) applies only to the use and not to the location of the structure, noting the boathouse is not a non-conforming use. Mayor Jabbour inquired whether this application should go before the Planning Commission to allow them to review the application based upon the correct information. Hanssen stated he would like to have a decision as soon as possible. May .:ir Jabbour suggested tabling the application until the new information regarding the value of the structure is reviewed by the Planning Commission. 5 ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 26, 1998 (#2411 Paul Hanssen, Continued) Hanssen inquired whether City Staff could approve the application. Mayor Jabbour stated the City Council would need to approve the application, but would like to wait until the correct information is available. Weinberger stated the 60 day time period for this application ends November 24th. Goetten commented since all the correct facts were not before the Planning Commission when it reviewed this application, they should have the opportunity to review the information to give their recommendation to the City Council. Flint stated it is procedurally better to have this application go back to the Planning Commission for their consideration before the final decision is made by the City Council. Mayor Jabbour recommended placing this item on the agenda for the next Planning Commission meeting to allow them to reconsider their decision based on the correct information. Van Zomeren stated this application will be on the November 16 Planning Commission agenda and will appear before the City Council on the 23rd. Goetten moved, Flint seconded, to send Application #2411, 3195 Casco Circle, back to the Planning Commission for their review. VOTE: Ayes 4, Nays 0. (#20) ANN THIES, LAKE l\1INNETONKA CABLE COMI\HSSION -1999 PROPOSED BUDGET Ann Thies, Administrator of the Lake Minnetonka Communications Commission, addressed the City Council concerning the 1999 LMCC budget, noting that the LMCC has taken over the responsibility for funding local access programming. The new access fee is expected to generate $52,200 in revenues for 1999. Thies commented the expenses related to equipment repair and maintenance, office rent, studio fees, office equipment and access equipment have all increased. A subcommittee has been appointed to look into the access fees for the upcoming year. Thies requested the City Council pass a motion approving the 1999 LMCC budget. Mayor Jabbour thanked Ann Thies for her efforts in serving on the LMCC. 6 ,.. ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2413 Paul and Megan Bennett, continued) Weinberger stated this item was before the Planning Commission at the September meeting where it was tabled to allow the Applicant time to pursue possible purchase of an adjacent tax forfeited lot. The AppHcarits are proposing to construct a 20' by 24' garage with s~cond floor living space to the existing residence which requires variances to the side yard adjacent to street setback requirements, side yard setback requirements, rear yard setback requirements, and a variance to the structural coverage. Weinberger noted in 1991, the City Council adopted Resolution No. 2982 to permit the construction of a deck by the previous owner with the advisement that future proposals to increase lot coverage by structure on this property would not be looked upon favorably by the City Council. Weinberger stated without the adjoining lot the hardcover would be at 31 percent and with the adjacent lot it would be 14.4 percent. Bennett commented he is willing to purchase the tax forfeited lot but would like to negotiate on the special assessment for the sewer. ' Chair Smith stated the Planning Commission does not have the authority to waive special assessments and it would need to be brought before the City Council. Lindquist commented he would approve the application if the adjoining lot is purchased and would deny the application if the adjoining lot is not purchased. It was the concensus of the Planning Commission that the application be approved subject to the purchase of the -adjoining lot. · · There were no public comments. Smith moved, Schroeder seconded, to approve Application #2413, 500 Hanlon Avenue, as outlined in the October 15, 1998 Planner's Report, subject to the acquisition and legal combination with this property of the tax forfeited property. VOTE: Ayes 5, Nays 0. NEW BUSINESS: PUBLIC HEARINGS, CONTINUED (#10) #2411 PAUL HANSSEN, 3195 CASCO CIRCLE -VARIANCE AND CONDITIONAL USE PERMIT, 9:08 p.m. -9:27 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Paul Hanssen was present. Weinberger stated the Applicants are requesting a land alteration permit to replace a boathouse 15 feet from the lakeshore as well as replacement of a deck located on top of the boathouse that was damaged in a wind storm. The building official has reviewed the boathouse and has determined the boathouse to be in a deteriorating condition which was not the result of the wind storm. Weinberger remarked the Applicant has hired a structural engineer to review the boathouse and was advised that the front and back walls would need to be replaced as well as portions of the side walls. The structure's foundation will also need to be replaced which will require a conditional use permit. Page 10 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2411 Paul Hanssen, continued) Staff is recommending the boathouse be treated as a new structure due to the major renovation work that needs to be completed. Staff is recommending denial of the request since the Zoning · Code does not allow any structure within 75 feet of the lakeshore. Hanssen stated they have recently purchased the property with the intention of maintaining the boathouse, noting the boathouse is an attractive feature of the property. Hanssen presented the Planning Commission with three letters from the adjoining neighbors expressing their support of allowing the boathouse to remain. There were no public comments. Hawn commented she was not anxious to allow structures along the lakeshore, but stated the Applicant should have the right to rebuild since the structure was pre-existing. Chair Smith noted the structure was already in disrepair at the time of the purchase of the property. Weinberger noted the boathouse was not damaged by the storm but has deteriorated over the years. Stoddard stated he is in favor of the application. Schroeder inquired whether improvements to this structure could be made since the improvements may exceed the 50 percent limit allowed for under the ordinance, and recommended the application be denied. Lindquist stated if the improvement costs exceed 50 percent of the fair market value, then the application should be denied. Weinberger stated more information should be obtained on the fair market value. Schroeder commented it is his understanding the value of the structure is what it was in 1975 or 1976 when the ordinance was passed and the improvements cannot exceed 50 percent of that value. Hanssen stated when the property was purchased he knew the boathouse would need some work but thought the structure would last for another ten to fifteen years. Chair Smith stated the Planning Commission is not in a position to determine the value of the structure or the cost of the improvements. Weinberger commented a conditional use permit is needed to do the work around the foundation. Chair Smith suggested tabling the matter until further information can be gathered concerning the ordinance and the fair market value of the structure. Stoddard moved to approve Application #2411, 3195 Casco Circle, granting of a variance to the hardcover requirements in the 0-75' lakeshore setback, a variance to allow a boathouse to exist within 75' of the lakeshore, a variance from the side yard adjacent to street setbacks, and a conditional use permit to allow work on the foundation. MOTION DIED DUE TO LACK OF A SECOND. Lindquist moved, Smith seconded, to deny Application #2411, 3195 Casco Circle. VOTE: Ayes 4, Nays 1, Stoddard opposed. Page 11 ORONO PLANNING COMMISSION MONDAY, OCTOBER 19, 1998 (#2411 Paul Hanssen, continued) Chair Smith noted the value of the structure should be reviewed by the City Council. • I • • • • • • • • (#11) #2422 RICHARD GAY, 2735 SHADYWOOD ROAD -VARIANCE, 9:28 p.m. -9:48 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Richard and Tanya Gay were present. Weinberger stated the Applicants are requesting to construct a six foot fence within the average lakeshore setback which exceeds the maximum three and a half foot height limit. The Applicant has stated the three and a half foot fence is not adequate to contain his two Russian Wolfhounds. City Staff is recommending denial of this application since fences are not allowed within 75 feet of the lakeshore. Richard Gay stated they have recently purchased the property and would like to erect a fence to house his dogs. Gay remarked he has spoken with the neighbors who are in favor of the fence, noting he is willing to plant additional landscape to provide more screening. Tanya Gay commented they currently have two Russian Wolfhounds, which are large dogs, and the fence is needed to prevent them from leaving the yard. Gay stated the dogs are capable of jumping over a three and a half foot fence which necessitated the need for the higher fence. Richard Gay stated he was not aware that he would need to obtain approval to construct a six foot fence at the time of the purchase and only became aware of that fact after the property was purchased. There were no public comments. Lindquist inquired whether invisible fencing could be utilized. Gay stated the invisible fencing would not deter the dogs. Lindquist stated he understands the desire for the fence, but he does not look favorably on fences within 75' of the lakeshore. Chair Smith agreed with Lindquist. Schroeder stated the hardship is not related to the topography of the land. Stoddard wondered whether all of the options have been pursued regarding this application. Chair Smith suggested that perhaps the fence could be removed when the property was sold. Gay indicated he would be in favor of removing the fence at the time of sale. Lindquist inquired whether the fence could be kept out of the front yard. Gay stated they are proposing to locate a portion of the fence in the front yard to permit access for the dogs into the house. Page 12 TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: October 13, 1998 SUBJECT: #2411 Paul and Leann Hanssen 3195 Casco Circle Conditional Use Permit--Variances--Public Hearing Zoning District: Lot Area: Application: LR-IC 24,750 One Family Lakeshore Residential District (1/2 Acre) square feet (.56 acres) The applicants are requesting a Land Alteration Permit to replace a boathouse 15 feet :from the lakeshore. The existing boathouse has been determined by the City Building staff to be in disrepair. A wind storm in May heavily damaged a deck that was located on top of the existing boathouse. The deck could be replaced by receiving a building permit, as it had existed before the storm. However, the Building Official did not issue the building permit due to the existing condition of the boathouse it would be located above. The deteriorating condition of the boathouse was not a result of the wind storm. Structural Review: The applicant hired a structural engineer to review the existing condition of the structure and recommend corrective measures to provide a structurally sound foundation conforming to the Minnesota State Building Code. The structural engineer has determined the :front and back walls would be replaced and portions of the side walls that will connect to the new front and back walls would have new concrete blocks added to fit the existing walls. The side walls would require some additional repairs. #2411 Paul and Leann Hanssen 3195 Casco Circle The structure has a minimal foundation that would need to be replaced. A portion of the hillside must be temporarily removed to build a foundation under the structure. The existing roof is deteriorated and must also be completely replaced. Variances and Conditional Use Permit 10/19/98 Page I CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway Orono, MN 55356 VARIANCES AND CONDITIONAL USE PERMIT Notice of Public Hearing File# 2411 Date: October 7, 1998 P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 350' of the property located at 3195 Casco Circle . The prope1ty owner(s) have applied for a conditional use permit and variances to the Zoning Code to reconstuct an existing boathouse and replace a storm damaged deck. The Planning Commission will hold a pubic hearing on: October 19, 1998 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 473-7357. The proposed plans are available for review by appointment. Paul Weinberger Assi stant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 -- ,-----..... I I I I I I I I :,1..4 I EJ I l I I I I I 1 I I •· ...... ~. I I ·=.'. I I I ...... ,, , I /" ------'- -~ I ---1--I , I I I CASCO 2-s-rn '·,NO.J_195 --- :i-: ..... . CIRCLE I I -I.. ::--.~•~~----~-=-=-=---· -·---__;__ ~~-=--- ---~~--- ---2----- ---- -------~~~~~¥-n:.~s~~ I-AKE MINNETONKA I I I \ I I I I I I I I \ t \ \ .\ \ \ \ ----.· I I I I I I I I I I I I ,-,~ I , '· , , I , I , .,. _. -... •. '\ I \ '-I \, I '. I '. I I l i, ', I\ \, I \ '. I \ I I i ~ I\ I '. I\ I I , , , I '1, . .. I I -,-----------r ✓ • ✓ I ~I . I I I i ' ' ' ' ' ' L ' ' - CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) I, Mary Ann Johnson,ofthe City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2411, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 8th day of October, 1998. CITY 'OF ORONO 2750 Kelley Parkway,, P.O. Box 66 Crystal Bay, MN 55323 Phone(612) 473.7357 Fax 473- 0510 . The Planning Commission will hold public hearings in the Council Chambers at 2760 Kelley Parkway on Monday, October 19, 1998 , beginning at 6:30 p.m . on the matter of reviewing the following land use applications: . -. \ 1. #2421 Jamesand 'Joann·Jundt, 1400 Bracketts Point Road, request further renewal of setback and hardcover variahces granted in October -1996 and renewed .in October 1997 for restoration of an existing retaining wall , underground grotto and lakeshore stairway system located within 75' of the lak esh ore. 2. #2431 Roger Olseh , 815 Partenwood Road, requests renewal variances for lakeshore· setback, , and hardcover in .)~~ .. -Q; 75' setbacl\,,\O reni,gdel and expand arr.ex1st1ng res1denc11~ :>t ' ,.,.,,.;,··. ·.~~ ;,,~~ . '" 3 ... #241'.Q~T l'~Wr ~o~tlt6n , 1173 Fageroess . .P..a.l~.~&la, av~pge lakeshore setback and hardcove /.s etbacks to construct a new reside~ce :-•. · ·. r : 4. #2411 Paul Ha~sseri, 3195 C;as-~o Circle , re quests variances and a conditional use permit to rebuild a deck previously located on a boathouse .: · ·• 5 . #2422 Richard .. Gay, 2735 Shadywood Road , requests variances to increase the heighi of a fence to be· heated in the lakeshore ·and side yards. · 6. #2423 Gara Gehring and T9m Terry, 340 Leaf Street, request a variance· for front yard setback to build a covered entrance . · Affidavit of Publication . 7 . #2424 Greg Klohn, 4455 North Shore Drive, requests average lakeshore State of Minnesota County of Hennepin setback and hardcover variances for an ' • addition and a deck . , 8. #2427 Kenton and Diana Carlson, Bill Holm being duly sworn on oath says that he is 3498 North Shore Drive , request ' ' · hardcover and setback variances to allow an 3n authorized agent and employee of the publisher , after-the-fact covered porch over a deck. · 9. #2428 · Terry Maure·r ' on behalf of David Hardten, having an interest in 2515 . Kelly Avenue, requests variances for ' hardcover in the 75 -2 50' setback to construct a new residence .. )f the newspaper known as THE LAKER.., Mound, v1innesota, and has full knowledge of the facts Nhich are stated below: 10. #2429 Jeffrey Brauchla and Elisa " ) Th h 1· d 'th II th ·· Schoonover,650 North Arm Drive.request"'· e newspaper as comp 10 .WI a 0 vari~nc,es for _ hardcover ·and setback to requirements constituting qualifications as a . rebuild an ex1st1ng deck . 11 #2432 G·' f' Id c . ~ualified newspaper, as provided by Minnesota 1 . reen 1e orporauon, _having an interest in 4755 and 4775 Statute 331A.02, 331A.07, and other applicable : Bayside Road , request an amendment to a . -subdivision to provide an easement for laws, as amended. driveway purposes to the 4775 Bayside Road lot over 4755 Bayside Road . 12 . #2433 Dorie Fi~n. 1640 B.) The printed Land Use Applicatj ons Shadywood_ R,oaci ;,;(l;<l,l!!JS!S after;ilie,-fact variances,(o re~l~:.9 d_~c~s.:'-1 ,. · 1 __ . 13 . #2434 Kids Art Studio, 2180 North Shore Drive, requests an amendment to a conditirial use permit \o allow a tipi. · · All persons wishing to be heard are · encouraged to attend this meeting . Written comments are solicited . Plans are available in the Ci_ty Offices for review, by appointment. For an appoitment, call 473-7357. City of Orono By : Planning Commission_ Elizabeth Van Zomeren City Planner/Zoning Administrator (Published in The Laker and Pioneer Oct. 3, 1998) vhich is attached was cut from the columns of said 1ewspaper, and was printed and published once ~ach week for 1 successive weeks: It was first published Saturday the 3 day of October 19....9..B_, and was thereafter printed and published every Saturday, to and including Saturday, the ___ day of _______ 19 __ ; OCT O s 1998 ~h~ent CITY OF ORONO Subscribed and sworn to me on this 3 By: 0 KRISTI HOLM NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2000 (1) Lowest classified rate paid by commercial users for comparable space : $12 .90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week: $5.14. J.H. Dahlmeier Engi11eering Inc. September 24, 1998 Paul Hanson 3105 Casco Circle Orono, MN 55391 Re: Boathouse 3105 Casco Circle Orono, :MN Commission No. 98212 Dear Paul: The purpose of this letter is to report the findings of a structural engineering revie-w and provide corrective measures f~):-your boathouse on your property. ASSIGNMENT. J. H. Dahlmeier Engineering Inc. has been retained to provide a structural engineering review and report including necessary corrective measures for the boathouse on your property located at 3105 Casco Circle, Orono, !vfN, as directed by Paul Hanson, ovvner of the property. BACKGROUND The boathouse roof at lake side was severely damaged by the windstonn on May 15, 1998. In order to comply with the City of Orono ordinances, storm damage repair can proceed only after a strnctural condition study follo,ved by necessary repairs to provide a struclurally sound structure. OBSERVATIONS AND COMMENTS 1. A site visit \Vas conducted by J. H. Dahlmcicr Engineering Inc. on September 10, 1998 to review existing conditions. 2434 Commerce Boulevatd .. Mound, MN 55364 • (612) 472-•1746 • FAX (612.) 472-4761 Paul Hanson September 24, l 998 Page 2 of 3 2. The follo'vving observations were made with respect to the foundation of the boathouse: a. The foundation is an 8" thick concrete masonry foundation system. b. The boathouse is built in the side of the hill with grade at the roof line at the rear and grade at the slab height at the front with grade sloping along the side walls. c. The structure is ten courses high (7'-4"). The slab on grade provides space approximately 10 feet deep with a transverse wood frame wall at this location with backfill approximately 3' -8" above the slab sloping up to the rear foundation approximately 6 feet away. d. No exploratory work was done to dete1mine the depth of the footings. e. Horizontal cracks exist in the masonry side walls indicating frost heave with the wall out of level approximately 1/2" over its length. f. The rear foundation wall is severdy damaged due to excessive earth pressure and frost heave. 3. The following corrective measures are required in order to provide a structurally sound foundation conforming with the Minnesota State Building Code: a. Reconstruct the rear wall with 12'' block on 16" x 811 footing a minimum of 5 feet below grade. Reinforce with #4 @ 32'' vertical in center of wall with hook dowel into footing. b. Remove wood frame wall and construct new masomy wall 8" thick on 16" x 8'' footing wth top of footing 4" below bottom of floor slab. Reinforce with #4 @ 32" vetiical in center of wall with hook dowel into footing. Tie this wall to existing pilasters in side wall with #4 dowels@ 16" O.C. grouted in place. c. Underpin front foundation wall and side walls to provide a minimum of 5 feet to bottom of footing on exterior grade. Underpinning to be done in accordance with standard practice 4 feet wide strips. d. Tuckpoint and repair cracked block and other masonry to provide a solid wall. e. Tooth rear wall to side walls to proYide a rigid wall system. f Construct wood roof system using standard carpentry procedures with roof plate anchored to masonry wall in accordance with the Code. g. Provide wood blocking @ 24" O.C. in first two joist spaces with nailing to rear wall top plate in accordance with the Code. 4. Since the boathouse is a utility structure, protection against frost on the interior is not recommended or required in my opinion. Paul Hanson September 24, 1998 Page 3 of3 5. It is recommended that this repair work be observed by a registered professional engmeer. 6. This report addresses foundation and structural condition and design. Other items may be required by the City to meet existing City ordinances (as stated in City of Orono letter dated September 9, 1998 to Paul Hanson). If you have any questions, please contact me. Sincerely, J. H. DW±EJER ENGINEERING, INC. ~ahlmlit P.E. JHD:lm I hereby certify that this plan, spedfication or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of th State ofMiimesota. CITY of ORONO September 9, 1998 Paul Hanssen 3195 Casco Circle Wayzata, MN 55391 Re: Application #2411 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 City Staff has reviewed your application for the property located at 3195 Casco Circle. The following variances are needed: 1. Average Lakeshore Setback 2. Hardcover within 0-75' of the lake A Conditional Use Permit is also required to replace the existing boathouse. We are requesting the following information to determine the replacement of your lakeside deck. 1. Please submit construction plans completed by a structural engineer for necessary repairs to the boathouse, and to determine the replacement of the damaged deck. The City's Building Official has determined the deck cannot be replaced over the existing boathouse foundation. The boathouse must be repaired to support a new deck. Please call me at 473-7357 should you have any questions. Sincerely, <peu,3W~ Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 r Ciry of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (612) 473-7357 Fax: (612) 473-0510 FAX TRANSMISSION COVER SHEET Date: To: Fax: Re: Sender: . +1,-" I /A.k\\,,, \wq,R:£ YOU SHOULD RE,CEIVE ;2_ PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RE,CEIVEALL THE PAGES, PLEASE CALL 473-7357. :C ~ ~ ~ ~v,7;.,J f£J ¥~~~ r · IF you ~ ~ 0 1lv--· . · Jnfo 1 9/4ctu /:I f:a i {t(J),.J~f fW- et./-fl_ 1-tUM~ Qho~. )k-fs <p~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473- 0510 The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 21, 1998, beginning at 6 :30 p .m . on the matter of reviewing the following land use applications : 1. #2414 Randy and Marie Staffanson , 1422 Park Drive , request a hardcover and .side yard variance to replace a garage destroyed by fire with a new garage approximately 3' greater in he ight than the previous garage . 2 . #2399 Muriel Senn , 4448 North Shore Dri _ve, requests multiple variances to add to an existing residence. 3 . #2411 Paul Hanssen, 3195 Casco Circle, requests a variance and a conditional use permit to replace a deck and foundation in the lakeshore setback . 4. #2413 Pau l and Megan Bennett, 500 Hanlon Avenue, request multiple variances to add a garage to an existing residence . 5. #2418 Robert Lund on behalf of Graydon and Michelle Newman, 1655 Sohns Point Road , requests an average lakeshore setback variance to construct a new residence . 6 . #2419 Robert Lund on behalf of William and Anastasia Hoeft , 1725 Sohns Point Road , requests an average lakeshore · setback variance to construct a new residence . 7 . #2420 Robert Ryan, Jr., 3535 Christine Drive , requests a variance to the height requirements of 30 feet to allow a 90 foot wind powered generator to be constructed on the property. 8 . #2415 Terry Sanders on behalf of Kevin Kennefick, 3241 Casco Circle, requests a conditional use permit and variances for land alteration in the 0-75' and hardcover in the ·0-250' setbacks. All persons wishing to be heard are encouraged to attend this meeting. Written comments are solicited . Plans are available in the City Offices for review, by appointment. For an appointment , call 473 -7357 . City of Orono By: Planning Commission Elizabeth Van Zomeren City Planner/Zoning Administrator (Published i n The Laker and Pioneer Sept. 5, 1998) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER; Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has co'mplied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute · 331 A.02, 331 A.07, and other . applicable laws, as amended. B.)Theprinted J.aod Use AppUcatioos which is attached was cut from the columns of said newspaper, and was printed and published once each week for ___....___ successive weeks: It was first published Saturday . the 5 day of Seotember 19..9..a....., and was thereafter printed and published every · Saturday, to and including Saturday, the. ___ day of _______ 19 · it?·//-~ ~t~Agent Subscribed and sworn to me on this 5 By: (1) Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7 .19 per inch . Each additional successive week: $5.14. CITY of ORONO August 27, 1998 Paul Hanssen 3195 Casco Circle Wayzata, MN 55391 Re: Application #2411 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 City Staff has reviewed your application for the property located at 3195 Casco Circle. The following variances are needed: 1. Average Lakeshore Setback 2. Hardcover within 0-75' of the lake A Conditional Use Permit is also required to replace the existing boathouse. We are requesting the following information to complete your application. 1. Building plans and elevations for a new boathouse The above requested information is required by September 10, 1998 to remain on the agenda. Please call me at 473-7357 should you have any questions. Sincerely, Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 August 13,1998 Request to replace deck at 3195 Casco Circle We submit this application to replace our deck that was damaged in the May storm. We purchased this property in the early spring of this year. After our purchase but before the actual closing and move in date, a severe wind storm took the deck and lifted it off it's foundation, landing it nearby totally destroyed. The property consists of an older home of marginal value. The deck was one of the main reasons we purchased the property. It greatly enhanced the appeal and value of the property. We only wish to restore it to it's original condition. See Sec 10.03 Subd paragraph of Orono Municipal code.D Paul and Leann Hanssen Q ;·•· I De-etc - Lcc;-AJ @ !;Vo-, 51/cUC[[J,QAU--Y SoUNb~ 1 eJ• I ReJJt ouS &ff f/OJJF;S PtJU<1j I -I I I (i) I f/-,41?,,D c Ou 6/L I~ N IJ ALT. 20µ1JJr:rt I I (V I Wt, wa 4 t 7 I f /DAcJLt'1 4_) <otlr-5 / .A1A-/2/45{ I/AU.-<. e I I 1 /JtJ}J'7 k;VOW {f) I L,A-5-r Vt-fr.JIµ€ lrv Co)JS( t°J-Of-/Ze(. RG/vlov#- :1 l}l::to/2-Y,( f l'-ee--e_df2u4, I Applicati~n # cQ </ / / · Date Received £-/8 -9 J Amount Paid cx l)'Z). oo CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION · · . L . . Site Address . 7>(15 ~ G\--~~ ~-:Z..<::o.....X:::~ Type of Application to be File~~ ~ = Propqty Identification Number (P.I.D.) ~~=z iq.~Z::.C,~ L.<::t~l c.~t --:s~/ a__~~ ~ ~ r\.~ c..i.-<- APPLicA~tJ . Phone (home) 47 I -x'.'S:~-:S. Name ~ &':\S..S«!.._"--.. Phone(work)-'f7l -.x'J;S"f Address ~~ City , Zip 5::-;::-34 ( OWNER (if different than applicant) Phone (home) _______ _ Name ________________ Phone (work) _______ _ Address ____________ City _______ Zip ____ _ L FEES -CONDITIONAL USE PERMITS - ___ $ 75,00 For each variance request with CUP appli9ation ___ $175,00 Residential Accessory Use ---$250.00 Institutional (church, school, etc.) ---$225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use --,-,--K $250 .. 00 Land Alteration __ Grading and filling -designated wetland or floodplain __ Grading and filling -501 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ___ $150.00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ---$250.00 Commercial Site Plan Review (+ consultant fees) $300.00 Vacation --- $200.00 Easement Vacation --- $100 .00 Easement Vacation With Subdivision --- ---$350.00 Rezoning (PUD -refer to fee schedule) ___ $350.00 Comprehensive Plan Amendment · (month/year) ___ $100.00 Appeals 'x Other -see Fee Schedule te.1:xf1v-of No~ C~tl""iYlf Sf-rudw't '"' 0'-1S' ~ 6 REQUIR¥D SUBMITTALS 1. ~V_ Completed Application Form. 2. ~/ Describe request in detail. 3. ve"' Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Gove~ Center, 348-327Q. CM seno d1~ectt'J -to Cr-e; 4. X Certificate of Survey (signed by a licensed surveyor) -refer to handout for survey information: 1-ke.d M<dl~et calcult\ftl1Y\r 5. 6. 7. 8. 9. X X Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature~~ S: ~ Date --------- O\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members,· and Council members for purposes of investigation and verification of this request. Owner's si~nature :t~~~c...,_ Date ]-7 7-1 f Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a pern1it 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 infonnation may become public. 5. You have certain rights under M.S. 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 City State Zip <:f7 }-~5~~ Phone I understand my rights as stated above. Sig e Telephone (612) 473-7357 • FAX 473--0510 8 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 9 45 CASCO Ill <- C (.. l.. Ci C (_. C C (.. C C (.. C (.. L Ill RUN DATE 07/27/98 BATCH 503 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP .ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 34 0008 0312, CASCO CIR M J DOUGALL/NORWEST BK TRSTE NORWEST BANK NA PETER DOUGALL/06916200-0046 6TH & MARQUETTE MPLS MN 55479 38 20-117-23 43 0022 03205 CASCO CIR CONISTON ESTATES INC CONISTON ESTATES INC 7 BROAD ST CHARLESTON SC 29401 38 20-117-23 43 0025 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0028 03145 ·CASCO CIR BC DOWNEY & BA DOWNEY BC DOWNEY & BA DOWNEY 3145 CASCO CIR WAYZATA MN 55391 38 . 20-117-23 43 0031 00038 ADDRESS UNASSIGNED THE CASCO CO THE CASCO COMPANY ROBERTO MACNIE 3135 CASCO CIR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0020 00038 ADDRESS UNASSIGNED DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0023 03195 CASCO CIR mlBERT It & Jl:IBITII 8 86¥LAN RDRl!R'f tt B8¥LAN Pc,..._\ ~ Leo."' 3195 CASCO CIRCLE ~c:tV\,S.S e WAYZATA MN 55391 38 20-117-23 43 0026 03165 CASCO CIR GK & D M CARLSON GERALD K & DIANE M CARLSON 3165 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0029 03135 CASCO CIR ROLAND C AMUNDSON ROLAND C AMUNDSON MINNESOTA JUDICIAL CTR 25 CONSTITUTIONAL AVE ST PAUL MN 55155 TOTAL BATCH 503 00013 REPORT NO. PI435401 PAGE 14 38 ,20-117-23 43 0021 03225 CASCO CIR DAIVD A DOTZENROTH DAVID A DOTZENROTH 3225 CASCO POINT CIR WAYZATA MN 55391 38 20-117-23 43 0024 03185 CASCO CIR J PRAUS & CK HAVILAND J PRAUS & CK HAVILAND 3185 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0027 03155 CASCO CIR BENJAMIN F ROBERTACCIO ET AL BF & MK ROBERTACCIO 3155 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0030 03133 CASCO CIR G C BECKER/TI MARCHESSAULT G C BECKER/TI ·MARCHESSAULT 3133 CASCO CIR ORONO MN 55391 ·~ l~ Cf!l~~. •,j , ] ,h.~/ .,..-::.fr, f:_· r ::--i;::--:~ -~ t1 11, a. t •,-. ..,~.c:-•, ;:';--t·~· -~.dJ fl~ t,i'-F'~,·· ' t,i:~ .... ~~-. ...) :) ..) ...) :..> :> ...) :.; . Ill Ill RUN DATE 07/27/98 BATCH 503 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 15 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF 1 j/. -/ · ~~n, • ID~ DATE ~ q i BY , ucf ; . -----pole r--...... -~-;4- I , I , I I , I I I I :,4.4 I E I I I I I I I GE I I I I ··, -:,1 _ ,, I ' ', , I : \ :_ .· /•;, ··1~0 -,1~,~ ... CASCO I I 2-S-FR . ··NO,J_195 --- CIRCLE -----2§• ~~--- -94&--::..:. ::..__ -_.::.... C....::-;- --~ ... --- ---942------ LAKE MINNETONKA I ;. , I I ' I , , , , .. ::-.·_. , I ' , I I t \ o, \\ \ \ QMotid. \ \ -----: ~, \ \. \ \ \ \ ' I I I I I I I I ,\ I \ I ' I \ I .. , I 1 i, I\ I \ '. I '-I .. , ~ I\ I'. I '., I I I l ._ I i ' ' \ I ;;; _________ f I I I I I \ \ ' ' -- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) .z;; 75-250' 250-500' EXISTING HARDCOVER IN ZON~ 500-1000' A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X 13~~ fu'-~£x TOTAL HARDCOVER IN ZONE Width TOTAL PROPERTY AREA IN ZONE,:" =3,(D ..-B LJ~ x 100 PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width ..,_ B _____ X 100 11 ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. S.F. ------ I C'Q ___,_--"l ____ S.F. ______ S.F. S.F. ------ ------S.F. ______ S.F. ______ S.F. ______ S.F. ____,_{--=---~-<::::)-S.F. ~{0 S.F. A ~t 7~ S.F. B '-fSYo 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. ------ ______ S.F. A ______ S.F. B % ------ CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 HARDCOVER ORDINANCE -In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall nm-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Allowed Percentages: 0-75 0% 75-250' 25% 250-500' 30% 500-1000' 35% Hardcover includes: -Roofs -Sidewalks -Paved or gravel driveways -Patios & decks (includes slatted decks) -Tops of retaining walls & rock walls -Decorative landscape areas underlain by plastic sheeting or fabric -Any other surface that does not allow direct absorption of rainfall into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you should do a "before" worksheet and "after" worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! Telephone (612) 473-7357 • FAX 473-0510 10 HARDCOVER CALCULATION WORKSHEET /·~c, SETBACK ZONE: (CIRCLE ONE) 0-75' (75-250' "•,... EXISTING HARDCOVER IN ZONE A. House ~~ x Width B. C. Garage Driveway D. Sidewalk ---;i----t>--- X X X X X X X X E. Patio/Deck .$' -~----X X F. Landscape Underlain By Plastic G. Other ( ;?,, . X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERl'Y AREA IN ZONE A _ ~1 l_ '21 B -----"--- \ ~ I 'C> PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width A B ____ _ 13 250-500' 500-1000' = = = = = = = 100 = = = = = = = = = X 100 = "-" ...... -----+---S.F. ------ ---1/--1/1-·....oc:-~-S.F. w S.F. ------ I b ~;> S.F.~ ---=:;:z__,,_,.,.5'_> -..,..~-S.F __ C,._,.~.,_c._·_)c::._j,_ S.F S.F. ------S.F. ------ S.F. ------ S.F. ------S.F. ------,-,-~ ;:3, "l % 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. ------ S.F. ------S.F. ------% ------ A B A B CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 HARDCOVER ORDINANCE -In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Studies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono's ordinance is to ensure that rainfall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones -Allowed Percentages: 0~5 0% 75-250' 25% 250-500' 30% 500-1000' . 35% Hardcover includes: -Roofs -Sidewalks -Paved or gravel driveways -Patios & decks (includes slatted decks) -Tops of retaining walls & rock walls -Decorative landscape areas underlain by plastic sheeting or fabric -Any other surface that does not allow direct absorption of rainfall into the ground INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. 2. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. Add up all the square footages to get total square footage of hardcover. 4. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5. If changes in hardcover are proposed, you.should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! Telephone (612) 473-7357 • FAX 473-0510 12 HARDCOVER CALCULATION WORKSHEET \ SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' e), EXISTING HARDCOVER IN ZONE 500-1000' \ \ A. House · · · ··· , .. ~-;., . ' ,, B. Garage C. Driveway D. Sidewalk· E. Patio/Deck F. Landscape Underlain Length ~ 1'. \D { # ~:?.=;> .~ ;ib~: . By Plastic . _____ _ G. Other X . · X . X X X ·X X X X X X X X X X TOTAL HARDCOVER IN ZONE . Width = A TOTAL PRQPERTY AREA IN z~k'7--,.. l35P '+ B ~ .... :__ ....... -~--X 100 = PROPOSED HARDCOVER IN ZONE A. House ______ x B. · Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X . TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE = Width = = = A + B' x 100 = ----- 11 · ______ S.F. S.F . S.F . S.F.® ~25· . . -. . . . ::!;2~6 S.F. ·\~~ ·S.F .. f . S.F. S.F. S.F. S.F. S.F. S.F. S.F.· S.F. S.F. 4~ S.F. A S.F. B % S.F. S.F. S.F. 1 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. A S.F. B % ,,, \ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. ' Length Width X = S.F. . X = S.F . X -S.F. B. Garage . ' S.F. X = C. Driveway X = S.F. X = S.F. D. Sidewalk· X S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic . X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOT AL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width X = S.F. X = S.F. X = S.F. B. · Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X -S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % 11· zo'-o' Item 11114860 I Applicant: Address: TRACKING SHEET FILE NO.~ VI I Staff: Pg uJ ti ot.lll Ss e n D Meeting with Staff: _________ _ □ Date Application Completed: -__ r--+/_2=· .,c._.-~l _?~z~ ~ Incomplete Notice Sent: _______ _ □ Date Property 0-\.vners Notified: D Date Legal Notice Published: ------- □ PC Meeting(s): ;oj;2/r ~ 11/1 1.,/e,9 □ Notice of PC Action: ,, □ City Council Meeting(s):. ,, /,. J/, r , /2/,'f/,,. , . D Resolution X:\APPS\WPWIN60\WPDOCS\CAROLE\FORMS\TRKNG.SIIT Vote: Vote: Vote: Vote: '/-/ Cl\,,,.~~ v~,~\A.4.A..S · Vote: "/-l +o ~pyov.1-.. . r-t~, o\~~ Vote: