HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mr. and Mrs. Kent Swanson
3229B Casco Circle
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
DATE OF MEETING: 08/26/96
COUNCIL ACTION -MOTION:
APPLICATION NO. #2150
NOTICE OF COUNCIL ACTION
Date of Notice: August 30, 1996
COPIES: Mark Nesset
197 3rd Street
Excelsior, MN 55331
VOTE: 5 FOR 0 AGAINST
To approve per the findings and conditions of the resolution previously mailed to you.
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.
A building permit cannot be issued by the City for the proposed improvements until the
resolutions are fully executed.
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 August 26, 1997.
lsv
CITY of ORONO
August 5, 1996
Mr. and Mrs. Kent Swanson
3229B Casco Circle
Wayzata, Minnesota 55391
Dear Mr. and Mrs. Swanson:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The enclosed approval resolution will be presented to the Council for their formal review and action
at their August 26, 1996 meeting. Please note the meeting commences at 7 :00 p.m. You are asked
to review the resolution and to contact staff prior to the meeting if you have any questions.
Sincerely,
(~,-t./2-/2~,,) C qd,-z-/._A;/-✓(_-;{_
<:::7 .__J 7 ,, 4. .
Jeanne A. Mabusth
Building & Zoning Administrator
JAM/ch
Enc.
cc: Mark Nesset, 197 3rd Street, Excelsior, MN 55331
Telephone (612) 473-7357 • FAX 473-0510
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: August 5, 1996
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2150 Kent and Susan Swanson, 3229B Casco Circle -Variances -Resolution
Zoning District: LR-lC
Lot area = 33,801 s.f.
Brief Review of Application
Please refer to the enclosed staff memo dated July 11, 1996 for more detail and background on
this review.
Applicants have applied for multiple variances to permit construction of two small additions at the
lake side of the residence, each totalling 27 s.f. in area. In exchange applicants propose the
removal of an upper level deck at 103 s.f. resulting in an overall structural coverage reduction of
49 s.f. Structural coverage is proposed at 3,632 s.f. or 10.7% (15% is allowed).
One of the additions involves construction of a single story main level bay addition which will be
constructed within the envelope of an existing upper level deck. The bay addition will not ext~nd
any closer to the lake than the existing upper level deck. Although the bay addition will result
in a reduction in structural coverage with the removal of the larger deck, there will be no
reduction in hardcover as 76 s.f. of deck to be removed exists over 76 s.f. of walkway at grade
level. The existing deck is located 58.5' from shoreline and the proposed bay addition will be 65'
(refer to Exhibit F).
The second improvement involves a kitchen expansion at the main level located outside of the 0-
75' setback area. The addition will be constructed within the envelope of an upper level deck.
The improvement will not increase structural coverage nor result in reductions in hardcover as
hardcover improvements exist beneath the addition.
Applicants have advised the Planning Commission that based on the final cost of these
improvements, they may choose to proceed with any one of the additions.
The following variances have been recommended for approval by the Planning Commission:
Request for Council Action continued
page 2 of 2
August 5, 1996
Zoning File #2150
1. Section 10.22, Subd. l(A) -Lakeshore setback variance for single story main level
bay addition.
Allowed= 0
Existing = 58.5' (main level deck to be replaced by bay addition)
Proposed = 65'
Variance = 10' or 13.3% (existing variance = 16.5' or 22%)
2. Section 10.22, Subd. l(B) -Average lakeshore setbacks. Setbacks for both bay
addition and kitchen addition. Bay addition will encroach average setback line by
46.5'. Kitchen addition will encroach by 33'. Principal structure is located 52'
in front of the average lakeshore setback line.
3. Section 10.22, Subd. 2 -Hardcover variances.
A. 0-75' setback area = 17,537 s.f.
Allowed= 0
Existing = 514 s.f. or 2.9%
Proposed = 514 s.f. or 2.9% (no reduction in hardcover as
76 s.f. of upper level deck is installed over an existing
walkway)
B. 75-250' setback area = 16,264 s.f.
Allowed = 4,066 s.f. or 25%
Existing= 7,517 s.f. or 46.2%
Proposed= 7,517 s.f. or 46.2% (27 s.f. of kitchen addition
is located over existing hardcover improvements)
No change in hardcover.
Planning Commission recommendation
Planning Commission recommended approval of the application as proposed (5 ayes, 1 nay,
Chairman Peterson chose to vote against the application based on the proposed encroachment of
the average lakeshore setback line but noted the improvements would appear to have no negative
impact upon adjacent neighbors). The enclosed approval resolution has been drafted per the
findings and conditions of the Planning Commission recommendation.
COUNCIL ACTION REQUESTED:
To either adopt or amend the approval resolution.
ch
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
473-7357
TO: Mr. & Mrs. Kent Swanson
3229B Casco Circle
Wayzata, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING: 7/15/96
Variances
ZONING FILE #2150
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1996
COPIES TO:
VOTE:
Mark Nesset
197 3rd Street
Excelsior, MN 55331
5 FOR 1 AGAINST
Planning Commission recommends the following:
Planning Commission recommended approval of the application as proposed.
Per our phone conversation of July 22nd, I will schedule your application before the Council at their
August 26, 1996 meeting. Please note the meeting commences at 7:00 p.m. Prior to the meeting
you will receive a copy of an approval resolution drafted per the findings and conditions of the
Planning Commission recommendation.
Please contact my office if you have any further questions concerning the review or status of your
application.
ch
TO: Chair Peterson and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: July 11, 1996
SUBJECT: #2150 Kent and Susan Swanson, 3229B Casco Circle -Variances -
Public Hearing
Zoning District: LR-1 C
Lot area= 33,801 s.f.
Application: Applicants proposed two small additions to the lake side of the residence each
totalling 27 s.f. One addition will be located within the 0-75' setback and the other within the 75-
250' setback area. Improvements involve a lakeshore setback, average lakeshore setback and
hardcover variances. The following ordinances are pertinent for this review:
1. Section 10.03, Subd. 14(C) -Review of structural coverage.
Total area= 33,801 s.f.
Allowed= 5,070 s.f. or 15%
Existing= 3,681 s.f. or 10.9%
Proposed= 3,632 s.f. or 10.7% (Removal of 103 s.f. of upper level deck
and the addition of 54 s.f. of principal structure additions)
Structural coverage reduction of 49 s.f. or 0.2%.
2. Section 10.22, Subd. l(A) -Lakeshore setback variance for single story main level bay
addition.
Allowed= 0
Existing= 58.5' (Existing upper level deck to be replaced by Bay addition, refer
to Exhibit F)
Proposed = 65'
Variance= 10' or 13.3% (Existing variance= 16.5' or 22%)
3. Section 10.22, Subd. l(B) -Average lakeshore setback variance for dining addition that will
encroach 46.5' in front of the average lakeshore setback line. The kitchen addition will
encroach 33 ' in front of the average lakeshore setback line.
4. Section 10.22, Subd. 2 -Hardcover variances.
A. 0-75' setback area= 17,537 s.f.
Allowed= 0
Existing = 514 s.f. or 2.9%
Zoning File #2150
July 11, 1996
Page 2
Proposed= 514 s.f. or 2.9% (No reduction of hardcover reflected as
76 s.f. of deck to be removed is installed over an existing 76 s.f.
walkway)
B. 75-250' setback area= 16,264 s.f.
List of Exhibits
Allowed= 4,066 s.f. or 25%
Existing= 7,517 s.f. or 46.2%
Proposed = 7,517 s.f. or 46.2% (27 s.f. of upper level deck to be replaced
by 27 s.f. of kitchen addition)
No change in hardcover.
A -Application
B-PlatMap
C -Property Owners List
D -Applicants Addendum
E -Hardship Statement
F -Survey/Average Lakeshore Setback
G 1-4 -Hardcover Inventory
H -Kitchen Addition/Floor Plan
I -Dining Bay Addition Floor Plan
J -Elevation Bay Addition
K -Resolution #3282 Approved 5/10/93
L -Resolution #1357 Approved 1/25/82
Description of Request
Please review Exhibit D, applicants' extended family creates new space needs within their 25 year
old residence. In early discussions with applicants, it was planned to present both improvements as
options but in later discussions it was decided that they would ask for both additions allowing them
greater flexibility in planning a final construction plan.
The house was constructed 25 years ago prior to current Shoreland standards. The legal setback was
50'. Review Exhibit F, the majority of the residence is located within the 75-250' setback area. It
is also true the majority of the residence is located in front of an average lakeshore setback because
of the location of the house on the peninsula. Review previous resolutions (Exhibits K and L)
approval for this property in 1982 and 1993. The applicants cannot expand or alter the building
envelope that encroaches the average lakeshore setback line or where excesses of hardcover exist
without variance approvals.
Zoning File #2150
July 11, 1996
Page 3
The bay addition will result in a 49 s.f. reduction in structural coverage although not in a hardcover
reduction as the 3' wide deck is located over an existing 3' walkway. The existing deck is located
58.5' from the shoreline. The proposed single story bay addition will be located 65' from the
shoreline.
The 27 s.f. kitchen expansion addition will replace an upper level deck. The upper level deck is
included within structural coverage inventory and will not result in a reduction of structural coverage
nor will there be a change in hardcover as hardcover improvements exist beneath the proposed deck
or addition.
The proposed additions will have no visual impact upon the lake views of the adjacent residents.
Statement of Hardship
Please refer to Exhibits B, K and L, the hardships are best summarized on Page 2 of Resolution
#3282, Exhibit K.
Issues for Consideration
1. The improvements will result in a structural coverage decrease of 49 s.f. Should applicants
be asked to consider additional hardcover removals? Note 3,500 s.f. of the hardcover within
the 75-250' setback area is shared drive that serves 3229A and C Casco Circle.
2. Other issues raised by Planning Commission members.
Options of Action
To deny, approve as proposed or approve as amended.
ch
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00
($50 .00 per each additional variance)
Renewal Variance Fee $120 .00 ;v·
Application # ;J,. I -S-a
Date Received ~:l::~!2_~~
Amount Paid ;2 ;_o .
rn;,f;
(no change from original application) n · ~
Variance for non-conforming structures $220.00 A ff
After-the-Fact Fees (Double application fee)
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&;.[•·~·;~~ ">!j,'";_;. :-·
PROPERTY INFORMATION
Site Address '? ·2 ... .-2.-9 e, 4"'-.5 .c...o c...1 ~1.-12:--
Property Identification Number (P.I.D.) "'2.. o -1 1, ---z.. 'J, 4 3 o o Q::,
Attach legal description to application if not included on required survey.
Date Property Acquired -, / 14 7 a (month/year)
I (do) ( do not) also own the adjacent parcels of land.
Present use of property : ✓ residential __ other (specify) _________ _
ZoningDistrict:_'--_J2.-_ .... _1 _c.... _______________________ _
APPLICANT
Name ~~~ susAr--J 'S'-v'ANSON
Address: '?'2...:1 .... 'J P.? lAS L..e:) ~12-
c.0t-Jsu1...-...,-~
~(if different than applicant)
Name /vlAIZ-~.c..... r-J~S5,z.-r
Address: l '7, "3-1~ s-r .
Phone (home) 41 l -7 l oo
Phone(work) ________ _
City: ""1AY2-A-"t'A-Zip: S'<;-':;,'7 I
Phone (home) 4"14 -&. 'b -z.. >
Phone (work) 4, 4--100 b
City: '=----2'~L-s, o~ Zip: ,;; 5 "$ 3, ,
DESCRIPTION OF REQUEST Estimated Construction Cost $ --------
Describe request in detail: 7"H-~ 12..iii:::.~u~s-r 15 -ro Ao..? -r,o THt-oi i-J I r--J-<.:, ~ 5
ovfZ...lZ.-714-t'e-ie.xi s,i ,--.t b l?~L-.S
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
~ Setback : Front
Lot Width ✓ Hardcover
Side Rear
__ Lot Coverage
Average Lakeshore
Other (specify) ________________________ _
HARDSillP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: ~ N ~ ee.. ,H-li:-ap--r, or-.J. s I s -ro Ac-00 -ro
,~~ i:;::>I t--..1 1 ,-..J.l;:, 0.0 0 1"'1 Vt.A A 11 12,A.--('" WI /-.J,9ov.../ .A-NO ~ov~ MO(Ze. A-<2,z:.4
Cl~ A-r-J fz:->-C J S1 LN0 ~c . -n.-r,e.. 0T~J'2-op-r1or--.l I.S ~ AOO "TO il~
1.::..~-r~)-¼-("'er-l o, NI r--Lb ~ ov~ AJ--1 ~ ) S 'Ti Nb Of.z:.ac-A-NP vN~
/~-.! ~ J c;;;-r~ t--1u:, ove...iz-~0 .
(attach additional sheets if necessary)
7
REQUIRED SUBlVIITTALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1.
2.
..,
.) .
4.
5.
6.
7.
8.
Completed Application Form
Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels ~m~m Hennepin County Department of
Finance, A-603, Govt Center, 48-3271
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" 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.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
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).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that vour
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 i the b st of his/her knowledge. J ;·
Applicant's Signature -==--~--1L.Y1-J.JJ.J.l..!.lll,.£ _.:__~-Date b _ d / _t/ 6,
OWNER'S SIGNATURE
I I I
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City sta ultants, agents, Commission members, and Council
members for purpos~ of · estigati verification of this request.
f
Owner's Signature
Applicant must have all submittals into the City offices 25 days efore 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
1~ . ....__-
_ .. ~ _ 6""8'----~n
JOG NO
367
J SPRI~IG PARK
( 31)
► .,_._ _ _.. -------------------------------·----------~-----------------. -----------------------------------. -------------------
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RUN DATE 06/21/96
BATCH 502
PROP ADDR
OHNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
ONNERNAME
TAXPAYER
NAME/AD DR
PROP ADDR
ONNER NAME
TAXPAYER
NAME/AD DR
38 20-117-23 43 0002
03229 CASCO CIR
DP PARUPSKY & J A CARLSON
DAVID PARUPSKY
3229 CASCO CIR
HAYZATA MN 55391
38 20-117~23 43 0005
00038 ADDRESS UNASSIGNED
· 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
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY Ol'lNERS LIST ' .
38 20-iit-23 43 0003
03229 CASCO CIR
.MARY SUSAN SWANSON
MARY SUSAN SHANSON
3229 CASCO CIR
WAYZATA MN 55391
38 20-117~23-43 0015
03233 . CAStO 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
WAYZATA MN 55391
REPORT NO. PI43540l
38' 20-117-23 43 0004
03229 · CASCO CIR
PAGE 4
GR TRIPP & SK TRIPP
'GREGORY R & SHARON K TRIPP
3229 CASCO CIR
WAYZATA MN 55391
38 20-117-23 43 0016
03231 CASCO CIR
J E COOPER & J E COOPER
J E COOPER.& J E COOPER
3231CASCO CIR
WAYZATA MN 55391
TOTAL BATCH -502 00008
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 TAXAP:,ON, TO THE BEST
OF MY KNOWLEDGE ANO BELIEF, t ~
· DATE 6-2f%BY (/r,vypk"YPX':::
Ms. Jeanne Mabusth
Orono Planning Commission
City of Orono
P.O. box 66
Crystal Bay, MN 55323
Dear Jeanne,
3229-B Casco Circle
Wayzata, MN 55391
Once again we Swansons are contemplating a remodeling project. "Once again,"
because we have found that over our 25-years in this house, the way we use and live
in it changes --and where our friends and neighbors decide to move at those points in
their lives, we remain committed to spending our whole lives in this one home.
Our 25-year old appliances are beginning to die, and our kitchen is showing its age.
We are faced with the opportunity to better those things about the cooking and dining
. areas of our home which need improvement. We have decided not to simply put new
appliances in the old spaces. As you know, we have begun the planning with our
architect, Mr. Mark Nesset.
Mark informs us that you need to know which of the alternatives we are working with
we intend to use. Designs "X" and "Y" require modification to the exterior of the house
on its north side; the "Dine-Bridge" design requires modification to the exterior of the
house on its east side at the southern end of the house. We have not yet decided
which design to pursue based on two factors: cost and city permission. We do not
wish to unnecessarily develop two costly sets of plans. We would be comfortable with
the Commission's acceptance of "If 'X' or 'Y' then not 'bridge'," or: "If 'bridge' then not
'X' or 'Y'." Or, perhaps the Planning Commission will accept both alternatives. Our
starting point is the Orono planning commission. We have found this to be a valuable
and important protocol in the past, and I think we have developed a nice working
relationship.
It is worth noting here, I believe, that when we built our house in 1971, the lake side
set-back was 50-feet and our building was carefully in compliance. One of the present
alternatives, the "dining bridge," will actually remove decking which is considered
"hard cover" within the now 75-foot set-back zone. Additionally, since the "X" and "Y"
alternatives would extend between present deck and roof overhangs, none of the
alternatives that the Commission is considering will add to the total hard-cover.
Thank you for your consideration and your help. We look forward to working with you
again.
Kent and Suzy Swanson
=JI~ I (G , ~Ar(3-G10
HARDSHIP/ DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS (cont.)
As can be seen on the survey, much of this property is included in the 0-75' setback which
has caused the owner to request minor variances in the past. The variances were requested
in order to update the property and the last area of the residence to be updated is in the design
stage at present. Only one of the options would be implemented
The dining room addition would result in an overall decrease in hardcover and the design
'Y' would keep the hardcover the same by turning deck,under an overhang, into kitchen
dining area. No new foundation would be built in either case.
This request is certainly caused by the unique features of this property and is a logical
conclusion to the projects allowed by previous variances. Furthermore, in the dining
addition scheme, we are requesting a change which allows the property to more closely
meet the code and in design 'Y' it would not change compliance.
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LEGEND: RTY LINE {see note)
PROPE 1see not.E:1
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IPTION:
1333
, Hennepin. LEGAL DES CR d Survey No.
Tract .B, Registered Lan
county, MN
P~opo~ 011-.lh..JC:::, APD\-t'"\ON
SETBACK ZONE:
HAKOCtn~«.;ULA'J'JON WORKSHEET
(CIRCLE ONE) 0-75' 15--250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZO~
A. House ,t ... ~S'2 S.F.
Lenalh Widlh
X "" S.F.
X -S.F.
X = S.F.
B. Oarage l = S.F.
c. Driveway X = S.F.
lt -S.F.
o. Sidewalk X ._..-w-• = 43 S.F.
X "" S.F.
E. Patio/Deck lt ... J (,:, S.F.
X ,.. S.F.
P. Landscape X ... 2~ S.F,
Underlain X -S.F.
By Plastic X = S.F. -------Or Fabric
G. Other X = S.F. -----
TOTAl.. HARDCOVER IN ZONE 514 S.F. A
TOTAL PROPERTY AREA IN ZONE I J, '5']z]. S.F. B
A B X 100 .... 2.'7 %
PROPOSJ:;U HAHJK;QVER ™ ZONE F=Dfl-i;::,1t-,l1NC:::, .A'OOITION
A. House X .,. ';!:,~ S.F.
Lenaih Width
X = S.F.
X = S.F.
X = S.F. ··--
8. Garage X -S.F.
C. Driveway lt = S.F.
l ~ S.F.
D. Sidewalk X :31 4'.:2 S.F.
X "" S.F. --
E. Patio/Deck X ""' S.F.
X ,.. S.F.
F. Landscape lt -~j ' ·s.F.
Underlain X ""' S.F.
By P1utic X = S.F.
Or fabric
o. Other lt S.F.
TOTAL HARDCOVER IN ZONE 4 b5 S.F. A
TOTAL PROPERTY AREA IN ZONE 1-i,5 -;7 S.F. B
A + B X 100 '"' 1-:-7 "
1A
tt-o iz... A~'C? 1-no~ '' Y •t
SETBACK WNE:
HAK1.)l;l/(i K~t;ULA'J'lUN WORKSHEET
(CIRCLE ONE) ~ 15--HO• 250-500'
EXISTING HARDCOVER IN ZONE
A. House ___ x
B.
c.
D.
E.
F.
G.
Oarage
Driveway
Sidewalk
Patio/Deck
Landscape
Underlain
By Plastic
Or Fabric
Other
·----·-·--·
X
X
X
X
X
X
X
X
X
X
X
TOT AL HARDCOVER lN ZONE
TOTAL PROPERTY AREA IN ZONE
A .,.. B
PROPOS&I! HA~VER IN ZONE
A.
B.
C.
D.
E.
F.
G.
House X
Lenath
X
X
X -
Garage X
Driveway X
X
Sidewalk X
X --
Patio/Deck X
X
Landscape lt
Underlain X
By Ptutic X
Or fabric
Other X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
Width
Width
A ______ + B -----
500-1000'
... :; s ¥2 S.F.
..,. S.F. -S.F.
= S.F.
= S.F.
,= S.F. -S.F.
""' 4~ S.F.
"" S.F.
... J(..? S.F. .., S.F .
= 2, S.F. -S.F.
= S.F.
S.F. -----
_,._5-'-14_.__ __ S.F. A
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Architecture
197 Third Street
Excelsior, Minnesota
55331
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 2 8 2
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISION 1 (B)
AND 10.22, SUBDIVISION 2
FILE #1816
WHEREAS, Kent E. Swanson and Susan S. Swanson (hereinafter "the
applicants") are owners of the property located at 3229B Casco Circle within the City of Orono
(hereinafter "City") and legally described as follows:
Tract B, Registered Land Survey No. 1333, as filed with the Registrar of Titles,
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Sections 10.22, Subdivision 1 (B) to permit the construction of a 6½' x 12' entry
addition to the street side of the residence and a 24' x 24' second story den addition above the
attached garage and a 5' x 3' landing and spiral staircase at the lakeside of the residence.
Portions of this construction shall be located in front of the average lakeshore setback line where
no such ·encroachment is allowed and per Section 10.22, Subdivision 2. Applicants seek
approval of hardcover variances within the 0-75' setback area, existing at 578 s.f. or 3.2% and
proposed 522 s.f. or 2.9% where none is allowed and in the 75-250' setback area hardcover
exists at 7,515 s.f. or 46.2% and is proposed at 7,517 s.f. or 46.2% where only 4,066 s.f. or
25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1816.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ;1 ~2 ;3 ;J
2. The property is located in the LR-lC Zoning District requiring a ½ acre or
21,780 s.f. per residential unit. The property consists of 33,801 s.f. or .77 acres.
3. The Planning Commission reviewed this application on April 19, 1993 and
recommended approval of the proposed variances based upon the following
findings and hardships:
A. The property meets the area and lot width standards of the LR-lC Zoning
District.
B. The existing house was placed on the property prior to the 75' lakeshore
setback requirement; the existing house met the original 50' lakeshore
setback standards at the time the home was constructed.
C. The pie shaped lot has placed severe restrictions on the building envelope.
D. Over 50% of the lot area is located within the 0-75' setback area.
E. 3,500 s.f. of the hardcover within the 75-250' setback consists of a shared
drive that serves 3229A and 3229C, Casco Circle.
F. There is little impact on the lakeshore views of the adjacent homes. The
homes are located on a curved peninsula with view windows facing lake.
G. Staff has received no negative comments from the adjacent neighbors who
have been notified of the proposed improvement.
4. 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 variance on the health, safety and
welfare of the community.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
--. .-.
No ._, ,, . ~-,_·_-,_---~--· --~-· ---
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 (B) and 2 to permit
the construction of a two story entry addition, a second story den addition above attached garage
and the installation of a 5' x 3 ' landing and spiral staircase at the lakeside of the residence,
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 (May 10, 1994).
2. 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.
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 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
: '<.! :·~~·-', ; . NO. _(;_j ·~ ·-·-
Adopted by the Orono City Council on this 10th day of May, 1993.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of May,
1993, 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.
e CAROLE A. HASEMAN
NOTARY PU8UC-MJNNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES ~
• My Commission Expires
Page 4 of 5
Fonn 5005 Disk Orom
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO._--'------
On this /IJ y✓, day of 3l.e,.,lfe; , 199.:2...__ before me a Notary
Pub)ic within ind for said county, personally ap~ared /JJ. J:;;;; ~ -r /fe,d~.,.,
__A~f!_ .J. fL½;fu 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.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNcP!N COUNTY
MyComm. Expires 12-19-97
STATE OF MINNESOTA )
NO PUBLIC
) 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 5 of 5
RESOLUTION OF THE CITY COUNCIL
NO. 1357
A RESOLUTION APPROVING A VARIANCE
APPLICATION FOR KENT SWANSON FOR
LAKESHORE SETBACK AND HARDCOVER
VARIANCES FOR A PROPERTY LOCATED
AT 3229-B CASCO CIRCLE
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et.
seq. the City Council of the City of Orono has adopted zoning regulations
for the protection of the public health, safety and general welfare; and
WHEREAS, pursuant to Sections 34.201 and 34.202 of the Orono
Zoning Code, Kent Swanson has applied for variances to the setback and
hardcover standards for lakeshore properties to permit an addition to
his existing residence on a property legally described as Tract B,
Registered Land Survey No. 1333, hereinafter referred to as the property;
and
~;;;.
WHEREAS, upon review of the findings of the Planning Commission
and City staff, written comments of the neighbors, written and oral
cr·n:rrnents of the applicant and the applicant's architect, the City Council
hereby makes the following findings of fact:
1) Tract B consists of approximately 30,000 sf and
is located within the LR-lC zoning district, a
district that requires a minimwn of 21,780 sf
per residential lot.
2) Tract B satisfies all lot standards of the LR-lC
zoning district.
3) The existing house was placed on the property prior
to the 75' lakeshore setback requirement; the
existing house meets all the original 50' lakeshore
setback standards.
4) The pie shaped lot has placed severe restrictions
on the building envelope -the lakeshore setback
area consists of 17,000 sf (total lot area is 30,000 sf)
over one half of the lot area is unbuildable.
5) The location of the house on the property and the
interior design of the house determines the only
feasible location for the addition is to the
"front lakeside" of the house.
Kent Swanson
Page 2
RESOLUTION OF THE CITY COUNCIL
NO. 1357
3,500 sf of the 7,167.5 sf of existing hardcover
on the property is the shared driveway for abutting
properties.
7) The neighbors on the abutting properties have written
to the City affirming their approval of the proposed
improvements by the applicant finding there would be
no detrimental effects to their property.
8) Council approved the following improvements on the
property:
a) A 472 sf lakeside addition requiring a structural
setback encroachment into lakeshore setback area
of 2.5' finding the integrity of the interior
design would be maintained and a decrease in the
impact on the 0-75' protected area by removing
23 sf of hardcover with the removal of the brick
patio.
b) The roofing and screen siding of the extsting 9.8'
x 16.1' deck finding no further structural
encroachment into the lakeshore setback area and
no additional hardcover because of the existing
patio area under the subject deck.
c) A 3' x 20' second story walkway along the lakeside
of the house finding the lakeshore setback
encroachment to be only .5' because of the existing
2.5' overhang and no increase in the hardcover
because of the existing 3' walkway under the
proposed walkway.
d) A 400 sf patio area within the 75' -250' setback
area finding this would replace the patio area
within the 0-75' setback area in addition to the
applicant being advised to employ environmental
selection in the design of the patio.
9) The special conditions applying to the structure or
land in question are peculiar to such property or
immediately surrounding property and do not apply
generally to other land or structures in the district
in which said land is located.
10) The granting of the application is necessary for the
preservation and enjoyment of a substantial property
right of the applicant.
11) The granting of the proposed variance will not in
any way impair the public health, safety, comfort,
morals or general welfare.
Kent Swanson
Page 3
; ~ .
. • j ;~ • ,
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -----=1=3=-=5'--'7 __ _
.<~
•..-•: 0 1
~-' -i
1._ ,.__/
The granting of the proposed variance will not be
contrary to the intent of the Comprehensive Land
Use Plan or the Zoning Code.
13) The granting of such variance will not merely serve
as a convenience to the applicant, but is necessary
to alleviate demonstrated hardships or difficulties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orono hereby approves the lakeshore setback and hardcover variance
application of Kent Swanson to permit the construction of a lakeside
addition and the additional improvements noted above based on one or
more of the foregoing findings and subject to the following conditions:
1) The non conforming 9.8' x 16.1' deck located within
the 0-75' setback area may never be enclosed as part
of the principal structure but is to remain as approved
by Council in this resolution a screened deck with
roof. ~
2) The building permit written to cover all proposed
improvements must include the removal of the
6' x 9' roofed deck and the removal of the bricked
patio area within the 0-75' setback area.
3) This variance application will expire on January 25,
1983, if a building permit for the proposed improve
ments on the property has not been issued.
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held January 25 , 1982.
ATTEST:
U_d~2~;, ~ -~
Alberta M. Strom, City Clerk
---d::,.j .s O ::;5~ ,,____ ~ ~~~;J__:J ~---
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----
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612) 473-7357 Fax 473-0510
.tiQI.!.Qs
The Planning Commission will hold public
hearings in the Council Chambers at 2780
Kelley Parkway on Monday, July 15, 1996, the
meeting commences at 7:00 p.m., on the
matter of reviewing the following land use
applications:
1. #2131 Larry W. Karkela of 4149 Highwood
Road seeks approval of after-the-fact
· variances for construction of an upper level
deck at the lake side of the residence. The
deck encroaches the average lakeshore
setback line and is located within the 75-250'
setback area where hardcover excesses
exist.
2. #2148 Wayne M. Holmes and Jackie Dahl,
the owners of 1390 Park Drive, seek approval
of a lot area variance that would allow
construction of a new residence on. the
property. The existing residence will be
demolished and a new residence constructed
that will meet all required setbacks.
3. #2149 Theresa Norsted of 2811 Casco
Point Road seeks approval of an average
lakeshore setback variance that would permit
construction of a screen porch at the lake
side of the residence.
4. #2150 Kent and Susan Swanson, the·
owners of 3229B Casco Circle, have applied
for variances that would permit an expansion
of a dining area at the lake side of the
residence. The addition will require· an
average lakeshore setback, lakeshore
setback and hardcover variances.
5. #2151 John and Janice Hurd, the owners
of 2795 Casco Point Road, seek approval of
· an average lakeshore setback and hardcover
·variance within the 75-250' setback area to
permit construction of a new residence. The
existing residence will be demolished prior to
construction of the new residence.
6. #2153 Ben Young, the owner of 3105 6th
Avenue North, seeks approval of a variance
that would allow the installation of an
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:
accessory structure to be placed in front of .
the_ front/street lot line of the existing_ A.) The newspaper has complied with all the
residence. · requirements constituting qualifications as a
All persons wishing to be heard will appear at
this meeting. Written comments are solicited. qualified newspaper, as provided by Minnesota
Plans are available in the City Offices for
review, by appointment. Statute 331 A.02, 331 A.07, and other applicable
City of Orono laws, as amended.
By: Planning Commission / ;
_ __,____
Jeanne A. Mabusth B ) Th · d 1t ) / / Building & Zoning Administrator ' • e pnnte ---'=-WA-4-'-'"'-"'""'--""'fr~:..U.!.41..lL/.LJ.~--
(Published in The Laker and Pioneer June 29,
1996) . ·--------------------
which is attached was cut from the columns of said
newspaper, and 1as printed and published once
each week for ___ successive weeks:
It was first published M9rday,
the Jii 711, day of f z l/1,i 1 19 f ~ ,
and was thereafter pr' ted and published every
Monday, to and including Monday,
the. ___ dayof /J-" ~~19 __ ;
qdl'
7 uthorizedAgent
Subscribed and sworn to me on this
By:
KRISTI HOl.M
NOTARY PUBLIC-MINNESOTA
MY COMM. EXPtAES 1-31-ll0CIO
n r a
(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 #2150, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 28th day of June, 1996 .
Jamie f_J sma
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, 1\1N 55323
Phone (612)473-7357 Fax 473-0510
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, July 15, 1996, the meeting commences at 7:00 p.m., on the matter of
reviewing the following land use applications:
1. #2131 Larry W. Karkela of 4149 Highwood Road seeks approval of after-the-fact
variances for construction of an upper level deck at the lake side of the residence. The
deck encroaches the average lakeshore setback line and is located within the 75-250'
setback area where hardcover excesses exist.
2. #2148 Wayne M. Holmes and Jackie Dahl, the owners of 1390 Park Drive, seek approval
of a lot area variance that would allow construction of a new residence on the property.
The existing residence will be demolished and a new residence constructed that will meet
all required setbacks.
3. #2149 Theresa N orsted of 2811 Casco Point Road seeks approval of an average lakeshore
setback variance that would permit construction of a screen porch at the lake side of the
residence.
4. #2150 Kent and Susan Swanson, the owners of 3229B Casco Circle, have applied for
variances that would permit an expansion of a dining area at the lake side of the residence.
The addition will require an average lakeshore setback, lakeshore setback and hardcover
variances.
5. #2151 John and Janice Hurd, the owners of 2795 Casco Point Road, seek approval of an
average lakeshore setback and hardcover variance within the 75-250' setback area to
permit construction of a new residence. The existing residence will be demolished prior
to construction of the new residence.
6. #2153 Ben Young, the owner of 3105 6th Avenue North, seeks approval of a variance that
would allow the installation of an accessory structure to be placed in front of the
front/street lot line of the existing residence.
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
eanne A. Mabusth
Building & Zoning Administrator
To be published the week of July 1, 1996.
N e s set-A r c h i t e ct u re
197 Third Street
Ex c e Is i or. Mi n n e ~-0 ta
55331
612.474.1008
FAX: 612.474.0228
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Architecture
197 Third Street
Excelsior, Minnesota
55331
&12.474.1008
FAX: &12.474.0228