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HomeMy WebLinkAboutProject Packett\ .,I\ ·,/ ; "••· . '" .-•-··--•""-··--·- ~•_r ,: > ----~ -----· ;;i'=O'' I I : I ······••»~ ·····-•-···••»•·· ..... ... -··--·------------ .._ 1- !t~ -..; ::::::;::: ,., 1 -------- [""""'. ~..::11 OJ L.:=1, tf) C"" < ~s 0 z UJ LL! :r: 00 ... --·-.. .. .. . .. ··-------------1,--..--~~--~-------~-----' I ;hi; I '' I I' ii;' 'II' ! / I Cit. T--24~:19'::Jb E-<H3Tt:·~~c sut ct.a \.St·V1i~.;..;: ------=-"' ,,1~ $1J\0} l ..• \ I l 16'-•()" t·------. --------------··--. -· i: i I I; '' I' Ii I f~~--~>i r(JtJl'W~ FO'.Jfa) CCV~ 11: )if L (-~W ,,~ Sb/\1;; ~7 ,/ J;:"'"-p I' ;;;;; ' 11 ·--= ---~ ----------· --- r·.uc:: [ \ IVIINUTES OF THE REGULAR ORONO CITY COUNCIL . MEETING HELD ON SEPTEl\IBER 9, 1996 (#6) #2160 DAVID DOTZENROTH, 3225 CASCO CIRCLE -VARIANCES - RESOLUTION #3758 The applicant was present. Gaffron reported that the property in question is located in the Casco Point area but presents no hardcover problems . The issues involve setbacks . The proposal calls for an addition to the detached garage of 16'x24', resulting in an accessory structure in excess of 1000 s.f Gaffron said an addition of 15-l/2'x24' would maintain it below 1000 s.f The setbacks for side and street would then be 15' with the garage doors to the side . The doors currently face the street and are located .2' from the street . Gaffron reported the Planning Commission had no problem with the addition itself (noting t~~ 13% hardcover in the 75-250' zone) nor the change to the pitch of the roof. The Commission did recommend that the garage doors be relocated to the east side and a redevelopment of the driveway also be to the side of the garage . The recommendation calls for the removal of the two doors facing the street and the concrete slab in the right ­ of-way. Gaffron said the applicant is concerned with loss of a large maple tree by harming the root system with the driveway relocation change recommended . The driveway change would also likely require removal of some trees . Gaffron also noted that the overhang as proposed would encroach into the right-of-way . Staff suggested a redesigning to eliminate this problem. The application calls for variances to the side setback and street setback . Jabbour inquired about the location of the black walnut trees on the property, which was noted . Callahan asked if the trees w ere discussed by the Planning Commission . Dotzenroth said the trees were not discussed at length . He said the Commission noted a concern with the impact on traffic due to the location of the doors to the street side . Dotzenroth said his home is located at the end of Casco Point and the amount of traffic is low by the time it reaches his property . He also noted the neighboring garages located with virtually no street setback . Dotzenroth said he was concerned with adding hardcover on the property by the recommended change in driveway and garage door location . The cement slab located on the street side of the garage is now used for guest parking and eliminates the need to park cars in the adjacent park area. Dotzenroth personally parks on the east side of the garage now . 4 MINUTES OF THE REGULAR ORONO CITY COUNCIL l\'IEETIL~G HELD ON SEPTEMBER 9, 1996 (#6 -#2160 David Dotzenroth -Continued) Kelley asked several questions regarding the number of garage doors, frost footings, and wall conditions of the garage. He said he was alluding to a possible rebuilding of the garage and questioned whether the garage should be moved to a better location on the lot if this was the case. Dotzenroth said he had no intention of taking the garage down and rebuilding it. It was his belief that the foundation was sound. He did note that additional support might be needed if a bigger garage door was used. Dotzenroth reported that the change to the roof pitch was to maintain the same architectural design of the Victorian­ style house. There were no public comments. Jabbour said he agreed with the applicant's viewpoint in keeping vehicles away from the park area.' He did believe the garage should be maintained below the 1000 s.f limit. Jabbour said he too was sensitive to the hardcover issue and did not want trees to be lost. Although the cement apron is on the right-of-way, Jabbour did not see the justification in adding the new driveway which would cause the increase in hardcover. Goetten said she was concerned with safety on Casco Point but with the amount of additional concrete required by the change in the driveway and the location of the property on Casco Point, the issue did not seem quite so relevant. Goetten asked how the addition would be accessed. Dotzenroth noted that the garage would be used in a tandem manner. Goetten inquired about the time frame of the work being completed on the house and the new addition construction. Dotzenroth said the home remodeling was close to being completed. Jabbour was informed that the home had a full basement. Goetten noted receipt of a call from a neighbor, Mary Butler, who voiced her support of the proposal. Callahan asked why the Planning Commission tied the completion of the home remodeling to the garage addition. Dotzenroth noted that the Commission did not want to see two projects going at one time and informed Callahan that the home would be completed by October 31, 1996. Jabbour moved, Goetten seconded, to approve the garage addition as proposed by the applicant with the size of the garage remaining within the 1000 s.f limitation. The cantilevered roof is not to exceed the lot line and must remain out of the right-of-way. The doors will be allowed on the street side. This approval was based on the hardships noted, the concern for additional hardcover, and the location of the trees. 5 MINUTES OF THE REGULAR ORONO CITY COUNCIL :MEETING HELD ON SEPTEMBER 9, 1996 (#6 -#2160 David Dotzenroth -Continued) Kelley was concerned with what would occur if the garage was found needing total rebuilding. Jabbour said if walls have to be removed, the application would have to come back before the Council. Gaffron said if the garage has to be rebuilt, the application would come back before the Council. Kelley said he wanted the applicants to understand and the building inspector aware of possible problems. Gaffron clarified that the garage must be within the I 000 s.f. size limitation, conditions #3 and 4 were eliminated. Condition #5 requiring the completion of the house was to continue. Also, Finding #6 was added noting the difference of opinion between the Council and Planning Commission was due to the concern for the trees and need for additional concrete adding to hardcover, and the similarity between garages in the neighborhood. Callahan commented that the similarity issue would not be valid as improvements have to begin somewher,e. Jabbour asked why the push to finish the house was requested when no neighbors have complained. Gaffron said the building permit allows for one year to finish the exterior work on project. Goetten said the concern was beginning another project when one was already begun. Dotzenroth noted a problem with a contractor setting the remodeling back in time. Vote: Ayes 3, Nays I, Callahan. Motion carried. (#7) #2161 JAMES AND MELISSA EASLEY, 4105 HIGHWOOD ROAD - VARIANCES -RESOLUTION #3759 The applicants were present. Gaffron reported that the property consists of a 40' wide lot, 8500 s.f. in area, with an existing house located mainly in the 0-75' setback with a detached garage located near the street and side lot line in poor condition. The parking area is gravel. A sidewalk and retaining wall also exist on the property. Gaffron informed the Council that it was the applicant's intention to tear down the garage and build a new detached garage within 3' of the side lot line and 25-30' from the street. The doors would be located to the street side with parking in front. An enclosed stairway is proposed for the 2-story garage with a basement resulting in three levels. A future concept of the attachment of the garage to a new house located out of the 0-75' setback was also noted. 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: David & Jennifer Dotzenroth 3225 Casco Circle Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: 9/9/96 COUNCIL ACTION -MOTION: APPLICATION NO. 2160 NOTICE OF COUNCIL ACTION Date of Notice: September 13, 1996 COPIES: VOTE: 3 FOR 1 AGAINST To approve per the findings and conditions of the resolution previously mailed to you except that the existing stall doors facing the street, and the existing concrete apron, will not have to be removed. The resolution has been revised accordingly, and a copy of the revised resolution is attached. Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday, 8:00 to 4:30). All persons with an interest in the property must sign the resolutions. You must apply for and obtain a building permit prior to commencement of construction. (The building permit application is a separate application from the zoning variance or conditional use application.) 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. Permit application must be submitted no later than September 9, 1997. 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. ch A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(D), SECTION 10.03, SUBDIVISION 9(E), AND SECTION 10.25, SUBDIVISION 6(B) FILE #2160 WHEREAS, David A. Dotzenroth (hereinafter "the applicant") is owner of the property located at 3225 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 10' street setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from 0.2' to 9.3' from lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(B) to allow a side setback less than the required 10' for accessory structures in the LR-1 C zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2160. 2. The property is located in the LR-IC, .Single Family Lakeshore Residential Zoning District. Page 1 of 7 3. The Orono Planning Commission reviewed this application on August 19, 1996, and recommended approval of the proposed variances based upon and subject to the following findings and conditions: A. The existing garage is located as near as O .2' to the street lot line and 4.4' to the side lot line. The proposed addition to the rear of the garage will range from 7.4' to 9.3' from the side lot line. B. Applicant further proposes to reconstruct and construct a new roof over the existing garage and proposed addition, such new roof being steeper in pitch than the existing roof, and portions of it constituting new structure in locations not meeting the required setbacks from the street and side property boundaries. C. The existing garage doors open toward the street, making the existing garage nonconforming because a garage with doors facing the street is required by code to be setback 30' from the street lot line. D. It would be inappropriate to construct the magnitude of additions proposed while continuing the direct access to the street (Casco Circle), which currently forces parking to occur within the street right-of-way where such parking is generally discouraged or disallowed by Municipal Zoning Code Sections 8.20 and 10.61, Subdivisions 4 and 5. E. Applicant has agreed to eliminate the garage stall doors facing the street and has agreed to place such doors on the east side of the existing/proposed garage structure, and to develop a driveway apron within the property boundaries to accommodate maneuvering and parking outside of the right-of-way. F. The proposed addition located as near as 7.4' from the side lot line will have no significant impact on neighboring property or on the neighborhood. Raising the pitch of the roof over the existing/proposed garage located only 0.2' from the street lot line and as near as 4.4' from the side lot line, will have no negative impact on the neighboring Page 2 of 7 property owner or the neighborhood, since there are other similarly situated detached garages in the neighborhood. G. Planning Commission finds that the reconfiguration of the garage stalls to enter the east side of the garage, and the concurrent construction of a new driveway/parking area to the east of the garage structure, will have minimal hardcover impact and will not cause a nonconforming hardcover problem, but will result in hardcover in the 75-250' zone at a level less than 20%, where 25% hardcover would be allowable. H. Planning Commission recommends that further parking within the right­ of-way be discouraged by requiring that the applicant remove the existing concrete apron located within the right-of-way of Casco Circle. 4. The City Council finds that there are a number of justifications for allowing the applicant to retain the existing stall doors and slab in their current configuration, and for not requiring their removal or relocation. These justifications include: A. Tree removal and tree damage would result from a new driveway apron within the lot boundaries east of the garage. B. Additional hardcover would be needed to develop such a driveway apron. C. Other garages in the neighborhood are situated similarly to applicant's existing garage. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely Page 3 of 7 serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 1 0' street setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from .2' to 9.3' from lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(B) to allow a side setback less than the required 1 O' for accessory structures in the LR-IC zone, subject to the following conditions: 1. Applicant shall reduce the size of the final garage structure including the addition such that the footprint does not exceed 1,000 s.f. 2. Reconstruction of the roof to create a higher pitched gable is approved subject to redesign resulting in no encroachment of the street lot line by the roof overhangs. 3. If applicant later determines that the superstructure of the existing garage must be totally reconstructed, this application will require further review by the City Council. 4. Applicant may retain the existing garage doors facing the road as well as the existing driveway apron within the right-of-way. 5. A building permit for the garage remodeling/addition shall not be issued by the City until exterior work on the house pursuant to building permit #7225 is completed. 6. Authorities granted by this variance run with the property not with the applicant, 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 (September 9, 1997). Page 4 of 7 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of September, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & 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 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this __ day of ________ , 199_ before me a Notary 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 Notary 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 7 EXHIBIT A RESOLUTION NO. ___ _ LEGAL DESCRIPTION All that part of Lot 28, Spring Park, lying westerly of a line described as follows: Commencing at a point on the northerly line of said Lot 28, distant 45.5 feet southwesterly, measured along said northerly line from the northeasterly corner of said Lot 28 which corner is marked by a judicial landmark; thence southerly along a straight line to the shore of Lake Minnetonka, said straight line passing through a point, marked by a judicial landmark, which is 9 feet westerly, measured at right angles, with the easterly line of said Lot 28, from a point in said easterly line of said Lot 28, distant 262.5 feet southerly from the northeasterly cor­ ner of said Lot 28; also all of Lots 29 arid 30, together with and includ­ ing that part of Lake Shore Avenue, vacated, lying in said Lots 29 and 30 and in that part of said Lot 28 hereinbefore described, all in Spring Park, _according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, an-d the Northwesterly corner of Lot 30 having been marked with a judicial land mark, and a further judicial land mark having been located on the west­ erly line of Lot 30 at a point which is 249.2 feet southerly from the northwesterly corner thereof. REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator DATE: September 4, 1996 ITEM NO.: Agenda Section: Zoning Item Description: #2160 David & Jennifer Dotzenroth, 3225 Casco Circle -Variances -Resolution Zoning District: LR-lC, Single Family Lakeshore Residential, sewered, 1/2 acre. Application: Request for street setback and side setback variances to construct additions to existing detached garage. List of Exhibits A -Resolution B -Notice of Planning Commission Action C -Revised Building Plans/Site Plan D -Memo and Exhibits of 8/15/96 Discussion Please review the memo and exhibits of August 15th. Briefly, applicants propose to construct a 16'x24' addition to the rear of the existing garage. The existing garage is less than 1' from the street lot line, and opens toward the street. While this area of Casco Circle has relatively low traffic, under the current configuration applicants or their guests park on the garage apron which is completely within the right-of-way. The proposed addition will provide additional garage space, and will also raise the roof pitch to allow for storage space above the garage. Issues of concern include: adding to the bulk of structure within the required side and street yard areas (proposed 1,000 s.f. total footprint requires side setback of 15', and 30' street setback for garage with doors open towards street); making the existing nonconforming structure more permanent via the proposed additions; the potential additional roof overhang into the right-of-way. Planning Commission Recommendation Because the property is relatively large (nearly an acre), and because 75-250' zone hardcover is well within the 25% limit (existing= 13.3%), Planning Commission felt the entry to the garage should be moved to the east side within the property boundaries, which would still yield a conforming level of hardcover. Planning Commission's recommendation included the following: Request for Council Action continued page 2 of 3 September 4, 1996 Zoning File #2160 1. Footprint of garage structure including addition must not exceed 1,000 s.f. (this means applicant will have to reduce it from 16'x24' to 15.6'x24'. 2. Approval of roof reconstruction to create a higher pitched gable. 3. Garage stall doors must be relocated to east side of garage. 4. Concrete apron in right-of-way must be removed. 5. House exterior work must be completed prior to issuance of building permit for garage remodeling/ addition. Applicants were requested to submit a revised site plan and building proposal. Those plans are attached as Exhibit C. Note that the garage overhang as proposed will extend 1-2' into the right-of­ way. Also note that applicants propose three stall doors on the east side of the building, and have eliminated the doors opening toward the street. The site plan indicates a parking apron within the property, of approximately 30'x40', which will result in a 75-250' hardcover level of approximately 19%. Applicants note that this configuration will necessitate the removal of at least one tree, and potentially dam.age the root system of the large maple tree to the rear of the garage. They are also concerned that this will have a negative impact on parking in the neighborhood. Planning Com.mission was also concerned that the current house remodeling project has been under way for some time, and that the one year period for completing the exterior work on the house was nearing an end. Planning Commission suggested that approval for the garage variances be conditioned on no perm.it being issued for garage construction until the house exterior work is complete. Staff Recommendation Staff has drafted a resolution reflecting the Planning Com.mission recommendation, and including a condition that the overhang at the north end of the garage be eliminated to result in no encroachment of roof overhang into the right-of-way. Options for Action 1. Approve the attached resolution per Planning Com.mission recommendation. 2. Approve with revisions. 3. Table for further information. 4. Conceptual denial of requested variances. 5. Other. Request for Council Action continued page 3 of 3 September 4, 1996 Zoning File #2160 COUNCIL ACTION REQUESTED: Action to approve, amend, or conceptually deny the requested street and side setback variances. ch A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9(D), SECTION 10.03, SUBDIVISION 9(E), AND SECTION 10.25, SUBDIVISION 6(B) FILE #2160 WHEREAS, David A. Dotzenroth (hereinafter "the applicant") is owner of the property located at 3225 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 10' street setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from 0.2' to 9.3' from lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(8) to allow a side setback less than the required 1 O' for accessory structures in the LR-1 C zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2160. 2. The property is located in the LR-lC, Single Family Lakeshore Residential Zoning District. Page 1 of 7 3. The Orono Planning Commission reviewed this application on August 19, 1996, and recommended approval of the proposed variances based upon and subject to the following findings and conditions: A. The existing garage is located as near as 0.2' to the street lot line and 4.4' to the side lot line. The proposed addition to the rear of the garage will range from 7.4' to 9.3' from the side lot line. B. Applicant further proposes to reconstruct and construct a new roof over the existing garage and proposed addition, such new roof being steeper in pitch than the existing roof, and portions of it constituting new structure in locations not meeting the required setbacks from the street and side property boundaries. C. The existing garage doors open toward the street, making the existing garage nonconforming because a garage with doors facing the street is required by code to be setback 30' from the street lot line. D. It would be inappropriate to construct the magnitude of additions proposed while continuing the direct access to the street (Casco Circle), which currently forces parking to occur within the street right-of-way where such parking is generally discouraged or disallowed by Municipal Zoning Code Sections 8.20 and 10.61, Subdivisions 4 and 5. E. Applicant has agreed to eliminate the garage stall doors facing the street and has agreed to place such doors on the east side of the existing/proposed garage structure, and to develop a driveway apron within the property boundaries to accommodate maneuvering and parking outside of the right-of-way. F. The proposed addition located as near as 7.4' from the side lot line will have no significant impact on neighboring property or on the neighborhood. Raising the pitch of the roof over the existing/proposed garage located only 0.2' from the street lot line and as near as 4.4' from the side lot line, will have no negative impact on the neighboring Page 2 of 7 property owner or the neighborhood, since there are other similarly situated detached garages in the neighborhood. G. Planning Commission finds that the reconfiguration of the garage stalls to enter the east side of the garage, and the concurrent construction of a new driveway/parking area to the east of the garage structure, will have minimal hardcover impact and will not cause a nonconforming hardcover problem, but will result in hardcover in the 75-250' zone at a level less than 20%, where 25% hardcover would be allowable. H. Planning Commission recommends that further parking within the right­ of-way be discouraged by requiring that the applicant remove the existing concrete apron located within the right-of-way of Casco Circle. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9(D) to allow the existing detached garage plus the proposed additions to be located 0.2' from the street lot line where a 10' street setback would normally be required, and a variance to Section 10.03, Subdivision 9(E) to allow the proposed 1,000 s.f. footprint building to be located at setbacks ranging from .2' to 9.3' from Page 3 of 7 lot lines where a 15' setback from any lot line is required, and a variance to Section 10.25, Subdivision 6(B) to allow a side setback less than the required 10' for accessory structures in the LR-IC zone, subject to the following conditions: 1. Applicant shall reduce the size of the final garage structure including the addition such that the footprint does not exceed 1,000 s.f. 2. Reconstruction of the roof to create a higher pitched gable is approved subject to redesign resulting in no encroachment of the street lot line by the roof overhangs. 3. Garage stall doors must be relocated to the east side of the garage. 4. The concrete apron in right-of-way of Casco Circle must be removed at the time the garage stall doors are relocated to the east side of the garage. 5. A building permit for the garage remodeling/addition shall not be issued by the City until exterior work on the house pursuant to building permit #7225 is completed. 6. Authorities granted by this variance run with the property not with the applicant, 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 (September 9, 1997). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 7 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of September, 1996. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner( s) STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & 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 7 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #2160 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: August 21, 1996 ______________________ , __ _ ---------------------------------------------------------- TO: David and Jennifer Dotzenroth 3 225 Casco Circle COPIES: Wayzata, MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: 08/19/96 VOTE: 6 FOR O AGAINST Planning Commission recommends the following: Approval subject to conditions noted below. NOTES AND SPECIAL CONDITIONS: 1. Footprint of garage structure including addition must not exceed 1000 s.f. 2. Reconstruction of roof to crete a higher pitched gable is recommend for approval. 3. Garage stall doors must be relocated to east side of garage. 4. Concrete apron in right-of-way must be removed. 5. House exterior work must be completed prior to issuance of building permit for garage remodeling/ addition. NOTE: Although not specifically discussed at the meeting, you should consider redesigning the proposed overhang on the north end of garage to avoid its encroaching into the right-of-way. Additional information is requested, as follows: Please submit a revised site plan and building proposal meeting the above noted conditions, by September 2. Contact Mike Gaffron at 473-7357 if you have any questions. Applicant's next scheduled meeting is confirmed as: City Council, Monday, September 9, 1996; 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. lsv FROM To: Mike (}affron City of Orono From: Jeni1ifbr & David Dotzenroth Ref.: Zoning File #2160 Mike: F' • August 3 1, 1 996 Plca1,e find enclosed the revised site plan and building proposal meeting the conditions requested by planning cornmission . Unfortunately 1T10ving doors to eastern ::siJ._, uf ::.lr-u1:LLffl.' will rn::11:r.:ssil.:1.L<: thr.: rt:m.uvc:tl uf urn: hi1:kUQ' ln;c.;,, i.1ml pu::;sibli;: r..lt:l<::riuraliun of ,oul si'ste1n tu larJ:!,e n1.aph: lr<::<;., in urr..li.::r lo a1.:eurur11udal<..'. ap1u11 u11 <.:<cLSl<..'.1·11 ::;i<le of structun;. Tl,is will also enc.;ourage parking of c.;ars by non inhabitants on stn:..:t and in park. 'w'e will pan to anend the Septen1be1· 9th City Council meeting ,1.t 7:00 p.1n. Thnnk. Yo,1 The Dotze1u-oths .., \_ \ f 'd \() ' v:-) ~~' --\,,..,.,. ' J \ ~ I s.. ·~ /\ ~- 0; 7,~ L ~·· - - - - ,, \ \ ~ \ "ti (u \,t~ 9(j -'-1:: . WQ ~ /'fVT.;f_.J f:l.J..=, ?\J 1,; j • j I \..J \.() \I ' To: From: Date: Chair Peterson and Orono Planning Commission Members Ron Moorse , City Administrator Michael P . Gaffron, Assistant Planning & Zoning Administrator August 15, 1996 Subject: #2160 David Dotzenroth, 3225 Casco Circle -Variance -Public Hearing Zoning District: LR-IC , Single Family Lakeshore Residential, 1/2 Acre , Sewered Application: Request for side setback and str~et setback variances to construct additions to existing detached garage. List of Exhibits A -Application B -Plat Map C -Property Owners List D -Acknowledgements from Neighboring Property Owners E -Supplemental Letter Including Hardship Statement F -Survey G -Construction Plan H -Hardcover Calculations Submitted by Applicant I -Staff Hardcover Review J -Staff sketch: Driveway concept Pertinent Code Sections 1. 2. Section 10.25 , Subd. 6 (B): Required = 10', Required front (street) yard = 30' Section 10.03 , Subd. 9 (D): "No detached garages or other accessory buildings shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street , accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section .... 10.25 , Subd. 6 (B) except that detached garages may be located 1 O' from the street or rear lot line when doors face away from the street and a turnaround is provided on site." 3. Section 10.03 , Subd. 13: "Accessory buildings which are for the storage of automobiles shall have the doors 30' or more from the property line when said doors face on a public alley or street." 4 . Section 10.03 , Subd. 9 (E): "Accessory structures in excess of 750 s.f. footprint but not exceeding 1,000 s.f. footprint area shall be located at least 15' from any lot line." Zoning File #2160 August 15, 1996 Page 2 Summary of Request Applicants propose two additions to the existing garage which is located less than 1' from the street lot line and from 4.4' to 7.4' from the side lot line. The existing garage has doors which face Casco Circle, leaving virtually no room for parking in front of the garage other than within the right-of-way. Currently, additional parking is in a graveled area directly adjacent to the garage. Applicants propose to construct a 24' x 16' addition to the rear of the existing garage, and replace the existing 8:12 pitch roof with a steeper 12:12 pitch roof, enclosing some storage space. Applicant has indicated he does not propose to move the garage stall doors to the side as shown on the construction elevation views, but intends to leave the doors facing the street. The existing garage is non-conforming from the perspective that with doors facing the street it should be 30' from the street lot line and 1 O' from the side lot line. The proposed garage will in many respects be even more non-conforming because the added size places it into a category (750-1,000 s.f.) which requires a 15' side setback. Discussion Applicant has indicated in his supplementary information letter (Exhibit E) that the existing garage is a sound structure with proper frost footing foundation, and that the costs to tear it down and start over in the location meeting the setback requirements would be cost-prohibitive. Further, he notes that a large 4' diameter maple tree would be lost if the entire structure was moved to meet the required setbacks. The garage addition as proposed will be approximately 12' from the base of that tree. The existing garage has an 18' concrete apron between the garage doors and the traveled surface of Casco Circle. While this leaves room to park two full size cars without extending into traffic, all of that parking is within the right-of-way. The reason the City Code requires a 30' street lot line setback for garage doors facing the street, is to allow substantial off-street parking outside of the right-of-way. Given the relatively narrow width of pavement on Casco Circle, it would be in the best interests of the City to decrease parking within the right-of-way. And, technically per Municipal Code Section 8.20, parking vehicles between 2:00 a.m. and 6:00 a.m. upon any public street (defined as the right-of-way) is prohibited. Obviously, this has not been enforced in most neighborhoods. Further, Zoning Code Section 10.61, Subd. 5 (A) indicates that within residential districts, "All vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the same lot as the principal use served ... ". Also, Subd. 4 "Purpose of Off-Street Parking and Loading Requirements", states that "regulation of off-street parking and loading spaces in this chapter is to alleviate or prevent congestion of the public right-of­ way and so to promote the safety and general welfare of the public by establishing minimum Zoning File #2160 August 15, 1996 Page 3 requirements for off-street parking, loading and unloading for motor vehicles in accordance with the utilization of various parcels of land and structures." In staffs opinion, while the proposed garage addition and roof reconstruction will have little impact on neighboring properties, it will increase the permanence of the current non-conforming situation. One way to mitigate this would be to require that the garage entrance doors be relocated to the side (as shown in applicant's construction elevations, Exhibit G), and establishment of driveway and parking area directly east of the garage. Then, the magnitude of variance for street setback reduces form 29.8' to 9.8', and a parking non-conformity is resolved. Existing hardcover in the 75-250' zone is approximately 13.3%. Adding the 16' x 24' garage addition and a new 30' x 26' driveway entering the garage on the east side, and removing the 8' x 8' shed results in 75-250' hardcover of 17.1 %, still significantly below the 25% limit. This driveway would require minor changes in landscaping, but would not eliminate an excessive number of trees. Applicants have stated they do not want to lose trees if at all possible. Staff Recommendation Applicants should reduce the size of the addition to approximately 24' x 15.6', so that the entire building stays below the 1,000' limit. If Planning Commission concludes that the proposed addition is in an appropriate location, Planning Commission should also consider whether the conversion from a hip roof to a steeper gable roof less than 1' from the street lot line, is justified by sufficient hardship and whether it is appropriate in the context of the surrounding neighborhood. Finally, staff recommends that if the proposed addition and roof conversion is approved, applicants should relocate the existing garage doors to the east side, and construct a new driveway access as shown on Exhibit J, which will reduce the magnitude of the variances needed (garage will only need a 9.8' variance instead of a 29.8' variance for street setback) and eliminate parking on the right-of-way. In that case, it may be appropriate to request that applicants remove the portions of the existing concrete apron located within the right-of-way. Options for Action 1. Recommend approval as proposed by applicant. 2. Recommend approval with conditions. 3. Table for further information (specify). 4. Recommend denial, stating reasons. 5. Other. lsv CITY OF ORONO -VARIAN CE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Application # Date Received Amount Paid d-,.j bO I 7 ; <2-s / r 6 ,;l;:J__O 00 Zip: OWNER (if different than applicant) Phone (home) _______ _ Name________________ Phone (work) _______ _ Address:____________ City: _______ -.-Zip: ___ _ DESCRIPTION OF REQUEST . . _ Estimated Constructi_!_ Cost$ i, '"'o O _'!.'.: Descnbe request m detail: S c.;, -"" f"-!J&, :b. , ¥) -~ Qf" 1lf:'.:~ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area X Setback: Front Lot Width )</Side Hardcover Rear __ Lot Coverage Average Lakeshore __ Other (specify) _______________________ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ________________ _ ( attach additional sheets if necessary) 7 REQUIRED SUB1\1ITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: I. Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one ( 1) copy 8 ½" x 11" for . reproduction. (~~<,.?,~ Topographic survey (existing and proposed elevations) if any changes in existing ~, grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. 5. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). 6. 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). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signatu~ 0,...QJ~~ .. ~ J\-...... Date _ _.;t_____.1;.c:....c"""---L--.-- OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature~4:, 9-~ ~. Date r:z -?-3"Lj\_ 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 to advise the Building & Zoning Office of this change prior to the meeting. 8 60 :60 ✓ 4 1 40 39 29) (28) 50/\ 60 ,'\ I ,' I ,'t, I . ! I I• I , I ,' I , LOT I 50 SPRING PAR!< (31) .· ·. j ~. ---. _ __. . .,.,,,.,-,- -.. II RUN DATE 07/24/96 BATCH 504 PROP ADDR Ol'INER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME· TAXPAYER . NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/AD DR 38 20-i17-23 43 0005 00038 ADDRESS UNASSIG~IED MARY SUSAN SWANSON MARY SUSAN SWANSON 3229 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0017 00038 ADDRESS UNASSIGNED DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR WAYZATA MN 55391, 38 20-117-23 43 0020 OD038 ADDRESS UNASSIGNED DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 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 PROPER"{V INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 20-117-23.43 0015 03233 CASCO CIR D M SPILSETH & PD SPILSETH DAVID M SPILSETH 3233 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0018 03227 CASCO CIR DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR HAYZATA MN 55391 38 20-117-23 43 0021 03225 CASCO CIR DAIVD A DOTZENROTH DAVID A DOTZENROTH 3225 CASCO POINT CIR HAYZATA MN 55391 TOTAL BATCH 504 00010 38 20-117-23 43 0016 03231 CASCO CIR J E COOPER & J E COOPER J E COOPER & J E codPER 3231 CASCO.CIR. WAYZATA MN 5!391 38 20-117-23 43 0019 03227 CASCO CIR DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASCO CIR. HAYZATA MN 55391 38 20-117-23 43 0022 03205 CASCO CIR CONISTON ESTATES INC CONISTON ESTATES INC 7 BROAD ST CHARLESTON SC 29401 PAGE 8 I .CERTIFY THAt THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION 'AS IT APPEARS THIS bATE ON THE R!:CORbS OF tHE HEt.'l'IEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF.,. . ~.·. A:f. 1111--:) . DATE 1 ~'~'"' BY ___ _Jgg ____ . ~-~----------· Al.i,. i "' ' (). Jeanne Mabusth Orono Building and Zoning Administrator 2750 Kelly Parkway POBOX66 Crystal Bay, MN. 612-473-7357 Dear Jeanne: et-I{ . D -/ June 24 , 1996 Concerning the Dotzenroth proposed garage addition at 3225 Casco Circle , We the Hawkinson's of the abutting west side of the Dotzenroth 's lot# 30 have no objection to their proposed addition to extend southward from their existing garage. Thank You \ Douglas and Cheryl Hawkinson Adjacent Property Owners' Acknowledgement Form I (we) ~G uC.-s {{-lt-w k; IN~ ,J [print name( s)] of 3~ Cf-s-Cd Cr ~ [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3;2...;}$ ~C.O C ,~lso referred to as Land Use Application No. ;;l__ I (o (). I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's pro· ect or use rz. Council approval . Date Property Owner Date :::..£*,j...,j.-,j?****************.*******************************************************~ .J . ···---·_./ I (we) ______________ of ___________ _ [print name(s)] [print address] have reviewed the plans · for the proposed improvement or proposed use of the property located at __________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your corn.rnents to the Burlding & Zoning Office at least 10 days prior to the scheduled meeting date. · 9 To : Mike Gaffron Asst. Planning & Zoning Administrator City of Orono From David & Jennifer Dotzenroth Ref.: Garage Addition/Variance Application # 2160 3225 Casco Circle Wayzata, MN. 55391 Dear Mr. Gaffron: AUG 3 ,!, Thank You for your facsimile and letter with the information mentioned in your preliminary review of our application. We hope that the enclosed information will assist you in granting our request. 1. Please find amendment in survey to show setback measurements from the side lot line at both front and rear corners. 2. Accurate length and width dimensions of the proposed garage will be: Width= 24' x Length= 41.7' (see survey) 1000 sq. feet total. 3.& 4. Existing garage doors will remain only. Moving doors to eastern side of structure was an idea given by Ms. Mabusth, however this plan would necessitate more driveway. Existing garage doors and existing driveway provide necessary access to structure, thus eliminating any additional hardcover. 5. The undue hardship and or practical difficulty as well as unusual property conditions which prevent us from complying with Zoning Code requirements are as follows: A) The existing garage is a good sound structure with the proper frost footing foundation. B) Adding on to the existing garage would be the most cost effective. Costs of tearing down existing structure, electric's, driveway and foundation etc. coupled with the cost of reconstructing same in zone setback requirements would estimate to be an additional $17,000.00 or more. C) Moving addition to zone setback requirements would require removal of a 4' diameter maple tree, which is our largest shade tree. D) Keeping the structure where it currently exists is an environmentally positive thing eliminating much waste to the city dump, and saving a beautiful tree. We hope this clears up any questions you may have with regards to our application. Thank you for allowing us to complete the incomplete. If you have any other questions please feel free to give us a call or fax. Regards, David & Jennifer Dotzenroth - f_'ct1/{EO ttt.. fz_J/99& c11sco c1 ectt ' .. - / . ...- i .,1 \ I ;;+.(; y 1,,1,·" \ I J \\ st f ,rJI pro f1/J fi,ttOP 3'1-r,,'frcl'S -z,s"I--B c,>,JC. ~/)WK ' ,\---t q------1 I I -------- ' / ,-/ j/1!(/Sf!ol'~, ;1 //f· [\f !lcrrfV) -~----- \ ( ' J I Jf"b-9 -------- --------- --- --------- ~ 0 ~ ~ / ---__,.fvf.' {,CJ /2 () r J.o T Z ~ s~tei,v_J f11ex: •=Tu.dr'a1'AL. nltJA...!u.mF,uT f rJ1 /1/2.Efl::: ,41, ()6?5 (I.IT BiT IYRE/J :::291.e 5c?.FT (:c!VC.,/Jf<,Efl.-: 68. 8 S Q,rT futJof)fTl5t°S :. 1g,o SQ.FT o;?t!N f?ol'cJ/c 7 j), 'J5<tH, f~tfT:& A I?. 1/Rf',4 = 4-5Z. 7 StJFT, o!s[f/o, 11~r;J:_ 1-1-86'.t )qff. ff!o/b)FP /1/YJ-= 43?, 7 Sf.Ft. I / F ,//,VC (J/' 4,f ZB r {l7/!/',11J t°AJ".A:' . ...---- ·., I All that part of Lot 28, Spring Park, lying westerly of a line described as follows: Commencing at a point on the n6rtherly line of said Lot 28, distant 45.5 feet southwesterly, measured along said northerly line from the northeasterly corner of said Lot 28 which corner is marked by a judicial landmark; thence southerly along a straight line to the shore of Lake Minnetonka, said straight line passing through a point, marked by a judicial landmark, which is 9 feet westerly, measured at right angles, with the easterly line of said Lot 28, from a point in said easterly line of said Lot 28, distant 262.5 feet southerly from the northeasterly cor­ ner of said Lot 28; also all of Lots 29 atid 30, together with and includ­ ing that part of Lake Shore Avenue, vacated, lying in said Lots 29 and 30 and in that part of said Lot 28 hereinbefore described, all in Spring Park, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, and the Northwesterly corner of Lot 30 having been marked with a judicial land mark, and a further judicial land mark having been located on the west­ erly line of Lot 30 at a point which is 249.2 feet southerly from the northwesterly corner thereof. JOB# SCHOBORG ND SURVEYING I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State ofM~ 4-,.56 ~Ok -Page LJ/ltJE £l,1,J'2'.ENROT/I ~ 972-3221 INC. Al. 1, Box 208 Delano, MN 55328 Date: -!L.'<c / Y ZB,/9<7£ Registration No. 14700 ~ -t::: 9 Scale //~30 I "" '11 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House -Po\'Ll) tJJ ool). :'.::>~ S l 9f>5 ·'-AB'9;tlXI B. Garage C. fui-veway E. Patio/Deck F. Landscape Underlain By Plastic G . Length X X X X X X X X X X X X Width i~~ / X I ~~---8 i-'B = = = = = TOTAL HARDCOVER IN ZONE 1!) - TOTAL PROPERTY AREA IN ZONE Lj //DC,S--- A 3 3 1;1 B .:J..'7.SBo -0 x 100 = PROPOSED HARDCOVER IN ZONE A. House Length B. Garage .2 _,;\ 1 F ~ w,e...,r,e_. "\ O e.im, ~. Q -1 C. Driveway --....j TO C,aJyr\ ,eM..r, . , 11 Q_ * fvO y l r,-t\J~ ~ D. Sidewalk E. Patio/Deck F . Landscape Underlain By Plastic G. Other ; .sl~ B X X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE Width = 10 = I I A TOTAL PRO ERTY AREA IN ZONE 0 4 I fol/. B J..J 5 So x 100 = 13 S .F. \185.l.o 7l5. 5 S 1F. __ ,..._l _._2 .._~'"""0,-<..._ S.F. --~-~-· 5_ .. _,_,s_ : t r~ .:___ .. -~ -o -S.F. --_-co----S.F t;~_;_:_:;;l~-4 r -'---=-6 -=:Sd=-ta~ S.F. -:J°J/.;J.) , _-_o_-___ S .F (\ ,-t, t1. '•I -n -S.F. ,,_':.;1 ., ----- 0: fl -o -S.F . ·-(--,~. --~--SF "'1>·.~ .. c-. . l':l S.F . ---+'7--+-7 • :!.__ S .F. (,,'f • D 3 ,. 3 t '7. -F. ;J,. '7 58b o S.F . .1'-b.03 % % l~ 85_ '=, S.F. S.F. S.F - S.F . .-Soo· 0 S.F. S.F . ~fj ~ S.F. -o-S_F. -o-S.F. -o-S.F. -0 -S.F . -o-S.F. -o-S.F. ry 7, () S.F. (,.'-I . 0 4 4 . / tpk/ . . S.F. :;__7 5 gc P s.F . ~t.S Lo ~o % A A B CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing 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: 0-75 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 12 (!j+l ,r • e/.lS71N~ .. ::. ~i .r. s. I I 7~ s. :, -'3o ~ -{'_ ,,, ~ -2-t., 0 ..(J., \\~ - 1,.;q ~-f. l?;, . -~z.t-/ .,,., .r: /r - e.--17 J', :::: ~~ sf... ------~7~5_-_2.SD I U"JCI-2..ro-~• ,J\lo~ .. Z-°1, ~f.?~ s f ~ Tl? fk ~ 71 .o&~ s:£. ± ---------=-------==0:,:::::....:..{J.(Z_:,____~=-..!L_..L-:) /o=----Y----=Z-~+-----___,,:-1""-'-'~"--lt-s-=--_ -'--' ____ _ }Je'N 3D'x-Uo' .:-780 s.£, ---------, __ 3_°f_ll +ss'-1 +,so-IPL/-= sr9 tTJ-oi ,~tor: -11. l 1/o ✓ At>b • 'f;>wPN'. SHeb ----~O"tef ~ C~•/Ji:?t:C:::.~-~ '5~ £._,/~ ~~~~,--------------- -~- - '"-· ('. ---~ C ~ ------~ \ \ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 (#4 -#2151 John and Janice Hurd -Continued) Peterson reviewed the variances required of hardcover in the 250-500' setback and average lakeshore setback. He noted his own view of being consistent in not voting for average lakeshore setbacks as a matter of principle . The application was tabled from the last Planning Commission meeting in order to respond to the concerns of the neighbors . This seems to have been rectified by the adjustments made in the plan to eliminate any leapfrog effect . Peterson commented that the boat house is in excellent condition and seems appropriate to allow it to remain. Stoddard was informed by Coombs that the new placement of the home will be held to a line from the Thielmann's home and recorded on a survey . Thielmann acknowledged that the approv;al should include the survey. Smith said she did have a concern over the lakeshore setback. Hurd said the home now exists much further into the setback . If the home was moved back any further , it would create an ev en deeper tunnel effect. Coombs said he believed the Grundeen's home would be remodeled at some point. With the drawing of the imaginary line, it would keep their home within that setback also . Stoddard moved, Hawn seconded, to recommend approval as submitted with the addition of the survey line included in the approval. Vote : Ayes 4 , Nays 1, Peterson, due to the principle of the average lakeshore setback. Lindquist did not participate in the vote as he conducted the review. (#5) #2159 JAMES AND JOANN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES-PUBLIC HEARING 8:09-8:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Lindquist moved, Smith seconded, to table Application #2159 at the request of the applicants. Vote : Ayes 5, Nays 0 . Berg was not in the chambers at the time of the vote. (#6) #2160 DAVID DOTZENROTH, 3225 CASCO CIRCLE -VARIANCES - PUBLIC HEARING 8:10-8:40 P.M. The Affidavit of Publication and Certificate of Mailing were noted . The Applicant was present. 9 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 (#6 -#2160 David Dotzenroth -Continued) Gaffron reported that the application is for side and street setback variances for an addition to the rear of the garage. The lot area, lot width, and hardcover allowances are all conforming. The corners of the garage are at 4.4' and 7.4' from the side lot line where 10' is normal. With the proposed 750 s.f footprint, the required setback is increased to 15'. The garage is now 1-2' from the street lot line and the concrete slab extends out over that. The addition would include a roof change from a low pitch to a 12: 12 pitch. The purpose of the addition is for storage. The proposal shows an end load or possibly a side door to allow for backing up into the property. This would allow the off-street parking to be out of the right-of-way. Gaffron said Staff believes it would be more appropriate to have a side door configuration but noted it would add hardcover with the driveway apron for parking. This might have an impact on the trees on the wooded property. Gaffron added that the code for doors facing the street requires a 30' setback. This relates to busy streets which is not the case in this situation. He noted there is no other option for parking under the current layout as the garage is against the lot line. Dotzenroth reported that he has lived in the area for 43 years owning several homes. Letters from the neighbors noted approval of his application. Dotzenroth said the front exposed doors and concrete apron allows for a parking area for guests. He noted that the property in the circle now owned by the City was once owned by his family. Dotzenroth said if the road was improved, it would not infringe on the neighbors but to the park only. Dotzenroth said ifhe changed the doors to face the east, it might cause problems in the winter time. He added that a 30' setback would require the probable elimination of a hickory and black walnut tree. If pushed any further back, it would also take out a 4' maple. Dotzenroth said there is no traffic problem in the area noting the dead end street. Although he does not park on the concrete apron, his guests do, and this aids in keeping cars out of the park area. He said he is not in favor of trailers and brush being within the park as there now exists. Dotzenroth added that the expansion would allow the roof to be in the same style as his 1882 Victorian home and give him options for storage. Lindquist asked if there was a problem with keeping within the 1000 s.f limit. Dotzenroth said the expansion is not much over that amount, and his benefit is in gaining the 12:12 pitch. Gaffron asked if the garage could be reduced 6" in length, which would keep the garage within the 1000 s.f Dotzenroth said this could be done. 10 MINUTES OF THE ORONO PLANNING COMMISSION :MEETING HELD ON AUGUST 19, 1996 (#6 -#2160 David Dotzenroth -Continued) Smith asked what the use of the addition was for and who would construct it. Dotzenroth said the expansion would allow his vehicles to be stored within and noted that he would contract out for the work. Smith asked what the time frame would be for the home completion, garage, and yard cleanup. Dotzenroth said the home was started last year, and he is in the process of finishing the roof and walkway. He thought the home would be completed in a couple months. The yard should be cleaned up of construction material at that time. Dotzenroth said the garage would be done after the home and all should be completed by spring of 1997. He said all of the work including landscaping will be done within the time frame of the one year variance allotment. Hawn asked if the entry to the side could be accomplished without destroying the black walnut tree. Dotzenroth said he has not measured it, and it would be close. She asked about the 3-car garage but 2-car design. Dotzenroth said two stalls are tandem. Berg asked ifDotzenroth intended on keeping the sheds on the property. Dotzenroth said one of the sheds would be eliminated. Smith asked Dotzenroth for his choice of either the garage pulled back with a side apron or a steeper gabled roof Dotzenroth preferred the roof Smith asked if this was allowed, if Dotzenroth would be willing to orient the garage per the Staff recommendation. Dotzenroth said he would be looking at ice slides. Gaffron noted that this concern could be eliminated by redesigning the peak of the roof and showed Dotzenroth a sketch how that could be accomplished. The issue of the garage entry was discussed. Lindquist said the side entry was a matter of safety. Dotzenroth did not think this made a difference with the road being at the end of the point. Smith said it would improve the safety, not only for traffic, but for egress onto Casco Point and provide parking safety. Dotzenroth asked ifhe had the door for access but be allowed two on the side. Smith said this would defeat what the Commission was trying to accomplish. Hawn said she was concerned with a variance allowing the garage so close to the roadway when this would not be allowed for others. She does not find the situation to be so unique as to compel appro\.'.al of the resolution when there is another solution for side entry. She had no problem with the steeper roof. Smith agreed that the steeper roof would be all right. Dotzenroth said he would like to measure the distances to see what effect it would have on the black walnut trees. There were no public comments. Lindquist said he preferred the side door entry. Dotzenroth asked ifhe could keep the concrete apron for guest parking. 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON AUGUST 19, 1996 (#6 -#2160 David Dotzenroth -Continued) Stoddard said he was in favor of the roof line to restore the Victorian look. He noted the side entry would add about 4% to hardcover. Dotzenroth said he was concerned with additional hardcover and prefers green. Smith moved, Lindquist seconded, to recommend approval of the garage addition with the size of the addition to be maintained below the 1000 s. f limit. The steeper gabled roof was recommended for approval. The garage doors are to be oriented to the east and require a new driveway construction. The apron in the right-of-way is to be eliminated. The exterior construction of the house is to be completed before the garage is begun. Gaffron noted that the permit is for two years, one year for the exterior and one year for interior completion. Vote: Ayes 6, Nays 0. Dotzenroth was informed that the existing concrete with doors could not remain. Smith said it was a matter of safety. Hawn noted that cars could still pull in without the concrete there but the concern of the Commission was for cars being in the roadway. Mrs. Dotzenroth asked if gravel could be placed where the apron now exists. Gaffron said gravel constitutes hardcover and grass pavers also were considered hardcover. Gaffron said the application would be before the Council at their September 9 meeting. Gaffron informed Dotzenroth that the proposal would be needed prior to the meeting. Peterson noted that Dotzenroth would have one year from the approval of the variance by the Council to complete the work. (#7) #2161 JAMES AND MELISSA EASLEY, 4105 HIGHWOOD ROAD - VARIANCES -PUBLIC HEARING 8:40-9:05 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicants were present, along with their Architect, Sarah Susanka. Gaffron reported that the property located on Highwood Road is about 40' wide. The proposal is to tear down the existing garage, which is located 2' from the right-of-way, and remove the parking area and stairway down to the house. It will be replaced with a garage within 3' of the side lot line and 25-30' from the street with parking in front of the garage. The future conceptual plan is to attach the garage to the house with a walkway vestibule. The garage and house are to be 3 levels each. Gaffron noted a height issue with the proposed garage. The defined height is 26' and that of the house only 19', though 26' from low point to peak The garage is considered an accessory structure and by definition cannot be of greater height than the house. 12 To: From: Subject: The City of Orono Pamela & Chuck Plain David & Jennifer Dotzenroth/ Garage Addition 3225 Casco Circle August 19, 1996 We have reviewed the Dotzenroth's proposal to enlarge their garage, and are in full agreement with the concept. Our lot abuts the Dotzenroth lot to the east side. We are very pleased with the improvements to their home. Our home is of the same historical era, and we are happy to see the Dotzenroths maintain the integrity of the original architectural design, to both their home as well as their proposed garage enlargement. It is commendable to see the Dotzenroth's commitment to carry on the historical value of the original lake homes so that future generations might see what once existed on Lake Minnetonka. Thank You Chuck and Pamela Plain To: Chair Peterson and Orono Planning Commission Members & Ron Moorse, City Administrator From: Pat & David Spilseth 3233 Casco Circle Ref: #2160 David & Jennifer Dotzenroth Garage Improvement/Addition 3225 Casco Circle August 19, 1996 We have reviewed the Dotzenroth's proposal to enlarge their garage, and are in full agreement with the concept. Thank You o~ ... ~ David & Pat Spilseth To: Chair Peterson and Orono Planning Commission Members & Ron Moorse, City Administrator From: Kent & Susan Swanson 3229 Casco Circle Ref: #2160 David & Jennifer Dotzenroth Garage Improvement/Addition 3225 Casco Circle August 19, 1996 We have reviewed the Dotzenroth's proposal to enlarge their garage, and are in full agreement with the concept. Thank You Susan & Kent Swanson CITY of ORONO August 6, 1996 David Dotzenroth 3225 Casco Circle Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Re: Variance application #2160 -proposed garage reconstruction/addition Dear Mr. Dotzenroth: Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 A preliminary review of your application indicates the following information is lacking in order to complete the review: 1. Survey by Paul Schoborg dated July 28, 1995 does not show the existing garage setback from the side lot line at the front and rear corners. This information must be provided by the surveyor, and is critical given that your basic request is for a side setback variance. 2. Your sketch on the survey indicates a proposed garage addition of 16' x 20.3', which would yield a final garage size of 38.3' x 20.3' or 777 s.f. However, your 'proposed hardcover' worksheet indicates a new garage area of 1,000 s.f. And, the elevation views of the existing garage don't help clear up this inconsistency because they are not dimensioned and not to any identifiable scale. Please provide accurate length and width dimensions of the proposed garage. 3. The proposed plan shows garage doors opening to the street as well as to the side. I am assuming this is an error, but please confirm for me the proposed location of all garage doors. 4. The proposed driveway as sketched on the survey is not dimensioned but scales out to 18'x20' in front of the garage and a 9' wide entry to the street, for a total of about 450 s.f. The driveway dimension proposed on the hardcover calculations is 1 0'x30' or 300 s.f. Because you are not overextended on your hardcover allowance based on the information provided, I would expect you would construct a driveway somewhat larger, perhaps in the 800-1000 s.f. range to accomodate maneuvering and off-street parking. Please refine your proposed driveway plans and provide dimensions and a scale diagram for the driveway. Telephone (612) 473-7357 • FAX 473-0510 David Dotzenroth August 6, 1996 Page 2 5. Your application form did not include a hardship statement. This is also a critical item, since Planning Commission will want to know why you can't relocate the garage to a conforming location (15' from the street lot line, 15' from the side lot line for a garage of 750-1000 s.f. area) given that you apparently will be doubling its size and rebuilding the entire roof system. Please provide a statement describing undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements. All of the above information is required in order for your application to be considered as complete, and must be submitted no later than Tuesday August 13 in order for this item to remain on the August 19th Planning Commission agenda. Please call me at 473-7357 if you have any questions. Michael P. Gaffron Asst. Planning & Zoning Administrator encl. Application # Date Received Amount Paid CITY OF ORONO -VARIAN CE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) # ~ Renewal Variance Fee $120.00 tt J:l (no change from original application) ~ Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress 3.;).;;t,5 C..Ct.6c...o ~~-c-d'€.e Wo...~-z...o---\-c-dTY\IQ 55~91 Property Identification Number (P.I.D.) blb-\ \ 7-j.3 S-13 oo a..J Attach legal description to application if not included on required survey. Date Pr~cquired-~~-..... / -'-'f~7~q ____________ (montb/year) I (do)~ also oJ.lithe adjacent parcels of land. · Present use of property: X residential __ other (specify) ____ =->--<....__.._......__,,,>-+-_ ZoningDistrict: t\e..\'Y\ o~ o fM :c/7 l-97/t, Cs ~ 7s?-61/£YB APPLIC~T Phone (home) 41 l -CZ, l ?-, ") Name J)a..: ,~ s:~ J)oJ: :Le vw·o±\o Phone(work) _______ _ Address::,SJ..';}..S C4,.5c o (2.hcd e City: w £>--y 7.cA±A Zip: 5:S ~':\I OWNER (if different than applicant) Phone (home) _______ _ Name________________ Phone (work) _______ _ Address: ____________ City: _______ ~ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construe~ Cost$ i i_,,o c, ;;.! Describe request in detail: .S (!>..._-\-l..._ M&. !,..i co/) -~ qc .. ~A.-~ (attach additional sheets if necessary) VARIAl~CES REQUIRED Lot Area X Setback: Front Lot Width }('Side Hardcover Rear -----~- __ Lot Coverage Average Lakeshore .L~ .......... SHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance. with Zoning Code requirements=--------'------'-------- (attach additional sheets if necessary) 7 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~i5-i250' ·. 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House -Pc\'Ll) lJJ D<>J. ~~:::, I 9f;5·'-Aa'9-•t"' B. Garage Length X X X X X C. Driveway ______ x ~ . X Width D. Sidewalk t 1:>r4 ~ x -ro ~ l?.aan =8,-1-~ f½ sp-,J~a E. Patio/Deck _____ x F. Landscape Underlain By Plastic X X X X G. Other -;,. ~!) I x --'--'-\ ___ _ sNLM 8 ~ B = = = = = = = = = = = = = TOT AL HARDCOVER IN ZONE o - TOT AL PROPERTY AREA IN ZONE L/ /, °c; {,,S--- A 3 3 I; ' B .;2. 7. SB o · x 100 = PROPOSED HARDCOVER IN ZONE A. Hoo~ _____ x Length B. Garage .2@, IF ··~" w-e...~'\O <'.:.o-n<~-a -~ C. Driveway ---.) To Cw>-,'1 ,v,0-, . , n Q_ --=---* NO VI (-'rN~ ~ D. Sidewalk E. Patio/Deck -F. Landscape Underlain By Plastic G. Other ~\:£ i - X X X X X X X X X X X X X X TOT AL HARDCOVER IN ZONE = Width = = = = 10 = = = = = = = \ , = A TOT AL PROJERTY AREA IN ZONE 0 41/oY. + BJ.-J5so·x100 = 13 il " c.~' __ -_..::O=='-----S.F.~{_\~ --·=6_-_-__ S.F. Bi~ -?5 -S.F. __t"-f--1-7..,,.~ ~ S.F. "'i.o 3 3 l 7. 1 -F. J._ 7 58b o S.F . • 1b.03 % % I~ 85, Ca _____ S.F. ---+--'-".G-:---S.F. ----1----'~=-S.F. -S.F. ----'-->C..-S.F. __ -_o_-__ S.F. __ -_o=-----S.F. __ -_o_-__ S.F. __ -......::...o_-__ S.F. __ -_o~---S.F. __ -....::o::...-___ S.F. tJ 7. o S.F. . (, J./ -0 4· · 4./ tc-4. _ S.F. :;_7 5Bo,t>S.F. ,/510 ~,:, % A A B ., , , .J ., ... .... ·t, 1.,. :: .,,,,, : • •i .c11sco c1ect.e (,,-/?J.~O I q,f, ~ ol ~ ((-1)~ o.'>i ~ ~ ; ,~ ,,. -.... .. • I t I \. ... .,' .-. -, .. •, \ , . ... : f ' • • I . \ f ~-✓ ,.,,.,, , . I ' . ----~· ,' ....... ,. . -- I ,,4 It#.) II{) t? ,€" // j/ E, {ViJC rco) -.. :-..... _---1 ----~---;--~.~·----~ __ --+--- -- ', (:.__·~-· -i-------·. / ,·,-, I . / ' .. ~,,. I \ \ --/:fb..9, ,,___ ----- -- \ \ , I .·., '. I . -, ·: ... , ... ~,, 1 I _J_J _J_J _J_J □ /\' /..-:0 '. ,:<-':_\ .~· ,\ L> _J_J _J_J _J_J CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Total number of pages letter. Date: including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for: our telecopy number is: (612) 473-0510 Additional Message: ,:---- CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Total number of pages letter. Date: [?'Jt:X L-/J/ -$ 7&~ including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for: Our telecopy number is: (612) 473-0510 Additional Message: t --bo k. --_ -----~ rr,f _ ~ ·-----.,..-----~-~ ~~ $8~ ve.::, ,A_(~ ~s 7't,,#4N -------e-----+,,,---_s~ IN ~blr aF____c~ M'IA_ ~-.__; ___ __._.. __ -fAAA11J(:,-~r. Ivo ry--(N f'~---------~-, _ -~~ G.u1t.:r LN __ l~!io.s 7 _ -----~~~vo~ 0:/)t,C.y--"°CD_ f»-t/t:> ~ ~_.o_,___~----, ~~ ~~7) 0 -~~c..=-;..•-----------1 ___ U~gl~'---~ ~ /6 e>O s( .. -~ ~ L'OL~JAJG, ~S77~G. t)c:cs~S Mf)V'--.56 1'-Mr1 ~t' ~~ ~~'-'u-ar:--____ _ --- ---~ !7019 - ----;-,,---~--STA--11 v-,)1_-r;.I-/~ J_Cre>o'_ -----1-,-~-C~T.i l-,tr/~/2,~-9rM-/N t--o7r /\-JO...,-/r ~ .--~:~g_ ~ s~ ~ ~ gs t:)(IS77JJ6 __ _ ~ V f~ ~-~~ _ 0N ~~~~/1\j ~ ~ l~ I~ 7"""b 'be7z:> ~-~ ovlif<-__ Ai:--. ) __ ___,,...----r---_ f'i,il-Pb ~WV. u. L e:...e:.k:2.::Ln~~f::J~L~ ~ s w~ 1 rs _ ---~------~ ~~~ ~ J>-1~ ~r.e --- ___ [ ~ J::~v~ Jf~~~fhPs ___ ·_. · __ ---~ --_g_~ ~. Q~~~--- ----------------------- -~--------------- -------------------------------- 948 .. 6 X 955. 1 X 931 • 7 931 • 5 X CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 .tf.QI!.Q.g The Planning Commission will hold the following public hearings in the Counc il Chambers at 2780 Kelley Parkway on · Monday, August 19, 1996 for the purpose of reviewing the following land use applications: 1. #2 159 James and Joann Jundt of 1400 Brackens Point Road request hardcover and lakeshore setback variances for restoration work to an existing boathouse, grotto, reta ini ng wall and walkways located within the 0-75 ' lakeshore setback area . 2 . #2160 David Dotzenroth of 3225 Casco Circle requests side and street setback variances for 0-construction of -an additioncs to,. the existing detached garage. · 3. #2161 James and Melissa Easley of 4105 Highwood Road request _a variance for hardcover in the 75-250' lakeshore setback area, a variance for lot coverage by structures, and variances to side and street setback requ ire ments to allow construction of a new detached garage to replace their existing detached garage . 4 . #2162 Michael McEnany and Debbie Williamson, the applicants, req uest a number of variances for the Richard J. Olson property at 3115 North Shore Drive , inc ludi ng lakeshore setback, average lakeshore setback, 0-75 ' hardcov er, side setback, lot area and lot width variances to allow construction of a new residence to replace the existing residence on the propert{. The proposed new residence will be con:itructed within the existing building footprint. 5 . #2163 Larry and Sharon Gehl of 1825 Concordia Street request lakeshore setback, average lakeshore setback and hardcover variances to construct an open deck area above the exi st i ng porch which is located within the 0-75 ' lakeshore setback zone . 6 . #2164 Douglas J . Olson of 2601 West Lafayette Road requests 0-75' and 75-250 ' hardcover variances and an average lakes hore setback va rian ce for constr uction of additions to the existing residence. 7. #2166 Janet Kiernan , owner of the property at 1491 Shoreline Dri ve. requests lakeshore setback, average lakeshore setback, side setback, and 0-75' and 75-250' hardcover var iance s for co nstruc ti on of additions to the existing residence and expansion of the ex isting detached garage . The application also includes relocation of the e).\isting driveway access to the property. .,8. ~167 Allen and Judy Schefers, owners of ··· ·the vacant lot at 2540 Casco Po int Road , request a variance for construct ion of a new single family _residence partially within a designated flood plain area . Th e site plan as proposed also requires a 75-250 ' hardcover variance. The meeti ng commences at 7:00 p.m . All persons wishing to be heard will appear at this meeting . Written comments are so licited . Plans are available in the City of fi ces for review, by appointment. City of Orono By : Planning Commission Michael P. Gaffron, Assistant Planning & Zoning Administrator (Published in The La ker and Pion ee r August . 3, 1996) 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 complied 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. 8.) The printed bi@tJ 4f /u:Jic4 j (/ which is attached was cut from the columns of said newspaper, and wis printed and published once each week for ___ successive weeks: It was first published Monday, ~A-( a, f 0/ the ', " day of'Ji/i/4 19 iJL, and was thereafter prirfted and published every Monday, to and including Monday, the ___ day of / 19 llrfl/c - Authorized Agent Subscribed and sworn to me on this By : 1'RISTI HOLM NO':,~• euauC-MINNESOTA MY Cu MM. EXPIRES 1-31-2000 Rate In orma 10n (1) Lowest classified rate paid by commercial users for comparable space : $12 .20 per inch. (2) Maximum rate allowed by law for above matter: $12.20. (3) Rate actually charged for above matter: $7 .00 per inch. Each additional successive week: $5.05. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss . CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2160 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 2nd day of August, 1996 . Jamie Bq_¢ma CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, l\'IN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The Planning Commission will hold the following public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, August 19, 1996 for the purpose of reviewing the following land use applications: · 1. #2159 James and Joann Jundt of 1400 Bracketts Point Road request hardcover and lakeshore setback variances for restoration work to an existing boathouse, grotto, retaining wall and walkways located within the 0-75' lakeshore setback area. 2. #2160 David Dotzenroth of 3225 Casco Circle requests side and street setback variances for construction of an addition to the existing detached garage. 3. #2161 James and Melissa Easley of 4105 Highwood Road request a variance for hardcover in the 75-250' lakeshore setback area, a variance for lot coverage by structures, and variances to side and street setback requirements to allow construction of a new detached garage to replace their existing detached garage. 4. #2162 Michael McEnany and Debbie Williamson, the applicants, request a number of variances for the Richard J. Olson property at 3115 North Shore Drive, including lakeshore setback, average lakeshore setback, 0-75' hardcover, side setback, lot area and lot width variances to allow construction of a new residence to replace the existing residence on the property. The proposed new residence will be constructed within the existing building footprint. 5. #2163 Larry and Sharon Gehl of 1825 Concordia Street request lakeshore setback, average lakeshore setback and hardcover variances to construct an open deck area above the existing porch which is located within the 0-75' lakeshore setback zone. 6. #2164 Douglas J. Olson of 2601 West Lafayette Road requests 0-75' and 75-250' hardcover variances and an average lakeshore setback variance for construction of additions to the existing residence. 7. #2166 Janet Kiernan, owner of the property at 1491 Shoreline Drive, requests lakeshore setback, average lakeshore setback, side setback, and 0-75' and 75-250' hardcover variances for construction of additions to the existing residence and expansion of the existing detached garage. The application also includes relocation of the existing driveway access to the property. 1 8. #2167 Allen and Judy Schefers, owners of the vacant lot at 2540 Casco Point Road, request a variance for construction of a new single family residence partially within a designated flood plain area. The site plan as proposed also requires a 75-250' hardcover variance. The meeting commences at 7:00 p.m. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Michael P. Gaffron, Assistant Planning & Zoning Administrator To be published the week of August 5, 1996. 2 CITY of ORONO Municipal Offices Street Address: Mailing Address: P.O. Box 66 2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 DAT A PRIVACY ADVISORY 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 permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under 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. UCL). c9--A--~ O\ 2-en,c-o-\"" First Middle Last ~~~s ~sc_o t_,~~ ~· Address luf>-~-z.._t~t-1\J /V'\tU :55.?:H l City State Zip I understand my rights as stated above. ~~ ~' ~ Signature Telephone (612) 473-7357 • FAX 473-0510 10 .Lfll-Bl Phone ) 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 propertv 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 sho\Vll 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 sho\Vll 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. 11