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Home My WebLink AboutProject PacketMINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 10, 1993 (*#7) #1812 THOMAS PATRICK GOODYEAR, 712 TONKAWA ROAD - VARIANCES -RESOLUTION #3275 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3275 for Application #1812 Thomas Patrick Goodyear, 712 Tonkawa Road, approving a variance to al low a second story addition. Ayes 5, nays o. (*#8) #1814 THOMAS BERTHIAUME AND CHERRYL KACHENMEISTER, 3035 CASCO POINT ROAD - VARIANCES -RESOLUTION #3276 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3276 for Application #1814 Thomas Berthiaume and Cherryl Kachenmeister, 3035 Casco Point Road, approving variances to construct a second story addition to the lakeside of the residence and a grade level deck extension at the side. Ayes 5, nays 0. (#9) #1816 KENT & SUSAN SWANSON, 32298 CASCO CIRCLE - VARIANCES -RESOLUTION #3282 Goetten reported her veh i c I e sustained $176. 00 wh i I e backing out of the driveway. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3282 for App I i cation #1816 Ken and Susan Swanson, 32298 Casco Ci re I e, approving variances to a I I ow a 10' addition to the existing attached garage and a two story family room addition at the lakeside. Ayes 5, nays O. (#10) #1818 RUSSELL LUND ESTATE, 905 TONKAWA ROAD - CLASS III PRELIMINARY SUBDIVISION -RESOLUTION #3277 Dario Anselmo was present to represent the estate. Mabusth explained the applicant proposes a two lot subdivision of a property located within the LR-1B zoning district. The proposal satisfies al I lot standards. There is 11.8% excessive hardcover in the 250-500' set back area. The PI ann i ng Commission considered either adding 25,000 square feet to the 250-500' setback, or possible removal of hardcover. It was also added, that if the lot line is readjusted, it would encourage new construction on Lot A to move closer to the lake and would be forcing the applicant into an average lakeshore setback situation. 5 TO: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: May 3, 1993 SUBJECT: #1816 Kent E. and Susan Swanson, 3229B Casco Circle -Variances -Resolution Brief Review of Application and Planning Commission Recommendation In 1982 applicants received approval of multiple variances to allow a 10' addition to the existing attached garage and a two story family room addition at the lakeside that encroached into the lakeshore protected area. A second floor 3' wide upper level deck was also approved that was located within the 0-7 5' setback. The current application involves a second story den (24' x 24') to be installed over the existing attached garage and 6½' x 12' a two story entry addition. Both structures will encroach the average lakeshore setback line, the entry addition at a 2-3' encroachment and the second story den addition would be approximately 28' in front of the average lakeshore setback line. The second story deck within the lakeshore yard and approved in 1982 shall be removed and replaced with a landing and spiral staircase all located within the 0-75' setback area (results in 56 s.f. reduction of hardcover). Excessive hardcover exists within the 0-75' and 75-250' setback. There will be a 56 s.f. reduction of hardcover within the 0-75' setback area and a 2 s.f. increase for portions of overhang that will extend beyond the existing paved entry area. Many of the hardships set forth in the 1982 approval were once again restated by applicants in seeking approval of the current variance application. Review Exhibit E. The Planning Commission questioned the possibility of the removal of additional hardcover with the current proposal, specifically, the play tower in the lakeshore yard that was installed since 1982 or other non-structural improvements such as walkways. Applicants claimed the brick or paved walks were unique to the property. As for the play tower applicants claim it was built to replace an old boat house that had existed on the property at the lakeshore for years. Members acknowledged that the front or lakeside view windows were not impacted by the proposed improvement because of the curvature of the shoreline. The Planning Commission recommended unanimous approval of the variance application as proposed and adopted the findings as set forth in Exhibit A and as in the former 1982 resolution. Zoning File #1816 May 3, 1993 Page 2 Please review the Planning Commission minutes of the April 19th meeting and the enclosed staff report to the Planning Comission for more background and detail on this review. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. ch /J TO: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: April 15, 1993 SUBJECT: #1816 Kent E. Swanson, 3229B Casco Circle -Variances -Public Hearings Pertinent Ordinances Section 10.22, Subd. l(B) -Applicant proposes second story addition within average lakeshore setback area (refer to Exhibit F). Section 10.22, Subd. 2 -Hardcover review. A. 0-75' setback = 17,537 s.f. Allowed= 0 Existing = 514 s.f. or 2.9% . ;t 1 -~A 14 ~~) Existing = 578 s.f. or 3.2% ~JvL-. ~ ~ ~-,,.,,-~r-. . Proposed = 522 s.f. or 2.9% (56 s.f. hardcover removal with upper level deck and replacement with landing and circular stairs) B. 75-250' setback area = 16,264 s.f. Allowed = 4,066 s.f. or 25% Existing = 7,515 s.f. or 46.2 % Proposed = 7,517 s.f. or 46.2% Increase = 2 s.f. (results from first level of entry addition that extends beyond paved area) Hardcover Variance = 3,451 s.f. or 21.2 % Section 10.03, Subd. 14(C) -Lot coverage Total area = 33,801 s.f. Allowed = 5,070 s.f. or 15% Existing = 2.930 s.f. or 8.6% Proposed = 2,946 s.f. or 8.7% Zoning File #1816 April 15, 1993 Page 2 List of Exhibits A -Application B -Plat Map C -Property Owners List D -Neighbors Acknowledgment Forms E -Resolution Approving '82 Variances F -Survey G -Plan Approved with 1982 Application H -Architect's Comments I -Hardcover Fact Sheets J -Floor Plan/Elevations -Second Story Den Addition K -Floor Plan/Elevations -Entry Addition Description of Request In 1982 applicant received approval of setback and hardcover variances to allow a 10' wide addition to the existing attached garage. A two story family room addition at the lakeside that encroached approximately 2. 5' into the 7 5' setback area and 3' wide upper level connecting decks, portions of which are located within the 0-75' setback area. Review Exhibit E, the resolution that granted the '82 variances and refer to Exhibit G, the site plan submitted with the '82 application. The current application involves the installation of a two story entry addition. At the first floor the addition measures 6 1/2'x12' and the upper level 3'9"x12'. There will be a 3' overhang. The majority of entry addition will be placed over existing hardcover. The next phase of improvement involves a second story den to be constructed over the attached garage that measures approximately 24'x24'. Portions of both structural improvements are located in front of the average lakeshore setback and as the intensification of structures take place within an area where excessive hardcover exists, hardcover approvals are required. The final phase involves the removal of an upper level deck and replacement with a small landing and spiral staircase. The improvement results in a reduction of approximately 56 s.f. of structural hardcover. The improvement also involves master bedroom alterations, major window replacement and other interior improvements having no impact on building envelope. The expansions to the existing building envelope are the 12'x6' entry addition, upper level den addition and staircase on lakeshore side located within the 0-75' setback area. Upon a site inspection of the property, staff noted that a play tower had been installed in the lakeshore yard since the '82 review. The structure is 8'x8' adding 64 s.f. of hardcover within protected area. Zoning File #1816 April 15, 1993 Page 3 Hardship Statement Many of the findings of the original 1982 variance review are still appropriate for the current review. There is little impact on the lakeshore views of the adjacent homes as view windows would appear to be not impacted by the additions. The property is located on a curved peninsula. The property has an unusual pie shape. Over 50% of the lot area is located within the 0-75' setback. 3,500 s.f. of the hardcover within the 75-250' setback consists of a shared driveway that serves 3229A and 3229C Casco Circle. The adjacent neighbors have acknowledged the improvement plan (review Exhibit D). Staff has received no comments from the adjacent neighbors. Issues for Consideration 1. Are there existing hardcover improvements that may be considered for removal, i.e. children's play tower in lakeshore yard, reduction in area of walkways, other? 2. Is there a visual impact of second story additions upon neighboring properties' view windows? Your recommendation must address variances needed for structural alterations within lakeshore yard, new construction and intensification of structure where excesses of hardcover exist and for upper level expansions of structure portions of which encroach average lakeshore setback area. In developing your hardship statement refer to resolution approving '82 variance and hardship statement listed above. Options of Action 1. Approval as proposed; or 2. Approval as amended; or 3. Denial. ch . ·-... CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance @#~~ Renewal Variance Fee $100.00 (no change from original applicatio Variance -for non conforming use $200~00 After~the-Fact Fees (Double application fee) PROPERTY INFORMATION . " Site Address 3229 B Ca~co Circle; Orono , MN 55391 ---------------------- Property Identif. Number (P.I.D.)'L0-11-r-7='?-A~ .. 000"2;, Attach legal description to application if not 1 ' . . 0 . · included on required survey. CITY OF DRDND Date Property Acquired {p / 1 p · (month/year) F1N/4NCE DF-fl[E · I (do) (do not) also own the kdjacent parcels of land. 1350200000 # Present use of property: _X_residential other ( specify) 01 GEN 175.00 Zoning District:____________ --. -· . l~f)V:::.'~~1~0~..... .-. , # . . .l. 1 '-"' ,:_-,, tid ---------------------------------------------------------------1.U-~~--~~~~- APPLICANT Name Kent E. and Susan S. Swanson Address: 3229 B Casco Circle OWNER (if different than applicant) Name M. S A.sfflA~ J l::S.J TiiT/\i ::.-:.i::-f1t1 Phone (home) 471-7 . .:l;'(lf'Y:-. "-::.:'•:~ ! • -~-~!,: .,__,.) :")fl _ ~v.vv r ·ur-,-:,.· 'i -;:;:: tui L ·J U .. L.-1\ J. I iJ ,11 \!V Phone (work) f~1 Lr·'C'il~•T -TLJl~fLJi,:' \.•"11ii I\L.L•LJ.f I lllMlll\ ILI\J City: Orono · Phone ( homed 4 7 I -7 I (i) ll Phone (work) ________ _ Address: 3J9f\J3 Cooe-o Ci.AJ.e Ci ty:\J\/o, JU:tta Zip: 553§ I ------------------------------------------------~------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost$ ________ _ Describe request in detail: We request the removal of a deck on the Jake side and the extension of the entry ove~ existing hardcover . -----------------------------------. --------------------------------------a VARIANCES REQUIRED Lot Area Lot Width ✓ Hardcover __ Lot Coverage Setback: Front Side Rear ✓ Average Lakeshore __ Other (specify) _______________________ .....,... ___ _ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unu~Ual propert : conditions preventing compliance with Zoning Code requirements: ___ _ The "pie shaped" configuration of the property places a large percentage of the property wit ~in the lake setback making any changes to the building hty~ difficulty complying with hardcover requi rement:s . The changes reques e would cause a net decrease in hardcover . · ------- (attach additional sheets if necessary) REQUIRED SUBMITTALS · All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. __ Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. __ ~lat Map (obtained with property owners list). 4. __ Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8½"xll" for reproduction) • 5. __ Topographic surv~y (existing and proposed el~vations) if any changes in existing grade are proposed (provide one copy 8½:"xll"). 6. __ Sketches or plans of floor & elevation views (provide 1 copy 8½"xll"). 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 Signature i)?-c-L) Date 3 }J. Lo Jg 3 I I OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request. Owner's Signature ~::niLJ:::ti-U Date :zf_du [g_5. -----------------------------------------------------------_: __ , ---------- 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. LOT I :(I SPRING PARK •···. ··:·· .. .. ... ~ .. : ( 3 1) GOVT LOT 6 @ GOVT LOT @ -- RUN DATE. 03/24/93 BATCH 006 PROP AOOR OWNER NAME TAXPAYER NAME/AO OR PROP AOOR OWNER NAME TAXPAYER NAME/AODR PROP ADDR m~NER NAME TAXPAYER NAME/AOOR 38 20-117-23 43,0002 03229 CASCO CIR DAVID P PARUPSKY DAVID PARUPSKY 3229 CASCO CIR WAYZATA 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 PROP!:RTY OWNERS LIST 38 20-117-23 43 0003 03229 CASCO CIR MARY SUSAN S~1ANSON MARY SUSAN SWANSON 3229 CASCO CIR WAYZ:,I\TA MN 55391 38 20-117-23 43 0015 0323.3 CASCO CIR 0 M SPILSETH & PD SPILSETH DAVIl.l M SPILSETH 3233 CASCO CIRCLE WAYZI\TA MN 55391 38 20-117-23 43 0018 03227 CASCO CIR DC PLAIN & PL PLAIN D CHARLES PLAIN 3227 CASC:O CIR WAYZl~l;A MN 55391 REPORT NO. PI435401 PAGE 33 38 20-117-23 43 0004 03229 CASCO CIR TCF BANK SAVINGS SUSAN & DAVID SALERNO 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 3231 CASCO CIR WAYZATA MN 55391 TOTAL BATCH 006 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 TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIE4~· .· AJ ~· . · DAT .. ~ 3 BY , t f24 ------~--- (_O Adjacent Property OWners' Acknowledgement Form I (we) Dav id Parupski, J11dy Car] smi [print name(s)J of 3229-A Ca sco Ci rc le [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 3229-B casm Circle 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 propos~d rieighbor's project or use requires Council approval. Date 7 1 ·Property Owner Date ************************************** I (we) Davi d . & Su s an Sa lerno [ print name ( s) J of 3229-C Casco Circ le [print address] have reviewed the plans for -the proposed improvement or proposed use of the property located a:t 3229 -B Casco Circ le also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare-approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's · project or use requires Council approval . Property Owner Date Property Owner Date If you have · any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prioi to the scheduled meeting date. Cltyof RESOLUTION OF THI CITY COUNCIL NO. ______ _ A RESOL:.J'l'ION API>R0\'1Nil A VAlUA.-,CE APPLICATION l:'OR KENT SWA."lSO~ l'Ol\ I,,\Ji!SHORZ SETBACK AND HARDCOVER VARI,\.~i:ta l•'OR ,\ PR0i'£RT\' t.OCATtO ~T Jll9•g CAS~O C!RCLE WHEREAS, the Citj' ot Orono is a munieipd corporation Ot'ganhod and exiating undor th0 l.1wa ot the State of Minnesota, and WHEREAS, pur~uant to State Statute• 4l~ et. aoq. and 462 et. seq. the City Council ot the City of Orono has adopted zoning rogult1tione for the proteotion of the public health, 1afuty arid 9e:lor.1l wdfar11u and WHEREAS, pur1u~nt to Sections 34.201 and 34.202 of.the Orono Zoning Code, Kent Swanson has applied ~or variane•a to the aetbaek and •. hardcover standards for lakeshore properties to p•r:aH. an addition. to · his existing residence on a property legally d~uict1bo<\ as 'Tract '11, Rogi&tered Land Survey }:lo. 1333, he.rei:u1fter ret·i.:n::r•a to Ila th• pt:'operty, and • I WHEREAS, upon review of the finding• o! t~e t>lann.inq Collffli••ion and City staff, written comments of the neighbor•• written •nd crAl •, t' ... "'.ments of the applielllnt and the applicAnt' • •~ohit.eot, t.h• C1.ty CO\mei1 ma~e• the following findinga o! fact; lJ ~raet B consists of approximately 30,000 s! 1nd ia l,;,cated within the t.R-lC zoning dist.i:ict, a di•tri~t that requires a minimum o~ 21,780 sf per residential lot. 2) Tract B satisfies all zoning dist.ri.;t. 3) The extating hou,e was p1ac•d on to the 75' lakeahore 11etback r•qiji existing houae !fflilt&ts al1_the'orl~i sett;ac~ etandards. · 4) Thfi pie •haped lot haa placed:' . on the building envelope • the lakeshore ••• . ,~ . area con11ists ot 17, ooo sf (total lot artta i•;,Jo.o:oo· over one half of th1t lot area is unbuildabte .. '.:,,.:<: SJ 'l'he:1ocation ot thl! house on t.hc.proport., and intt,rior dosi'}n of the house dot•rin.no•; _thd () .. follsi'>le location !cu the additim•, t.•,..,~t.h4 "!rr.,nt. lakc~ldt,:" ,:;f ttt<· h?mJe,. '· ·· ·• <· !' .-; .. • ·:;~ ~ . '.; t RESOLUTION OF THE CITY COUNCIL NO. _____ _ 6) 3,500 sf of the 7,167.5 sf of e~isting hardcover on the property is the shared driveway for abuttinq properties. 7) The neighbors on the abutting properties have written lo the City affirming their approval of the propo•ed improvements by the applicant finding there would be no detrimental effects to their property. 8) Council approved the ~ollowing improvements on the property: a) A 472 sf lakeside addition requiring a structw:al setback encroachment into lakea.hore setl:Mack area of 2.5' iinding the integrity of the interior design would be maintained and a decrease in the impact on the 0-75' protected area DY removing 23 sfofhardcover with the removal of the brick patio. b) The roofing and screen siding of the extstin·g·. 9 .. 8. • x 16. l' deck finding no further structut'al . . .·· .. encroachment into the lake shore setback area> aftd ··. . . . . . . .•· .. , .... no additional hardcover beeau.se.yof .. the e,d.att:nq.,jf'h ;:.::)t:;~~;:)t -tio •r"""' nd th b · t ..a-c""' -y~~,·-;.,,_· .. ,:.;;•·,,,·• ... , .. ,,, r-"" ,...,. U er e SU J8C .~~ fl"•· .. · , ,. , .. .. ,," ,.:•• .,tc:•'>· ··. c) A 3 • x 20' second story wal'.a,ay ~1onq·\t~ : 1.&luuJUS.,<' :,·/, LA of the houee finding the lake.thOre ,aetbac>c, , .·· ..... , , .encroachment. ,to. be only • S • because .. ot .. th•<••i•t.1'119 ) , 2.5' overhang and no increase in the,hardoovar.. ... , ·· "because of ;the existing 3 • walkway und•r th•. · · proposed wall<.·w'ay. . d) A 400 sf patio area within the 75' -251P set.back, . art.:a finding this would replace the paeto'aru. . · within the 0•.75' setback area in addition .to.,tlte applicant being advised to employ environMnt.al .. selection in the design of the patio. 9) The special conditions applyin9 to ,t. land in quest.ion iu·e pocuU.ar to a il'l'lfflediately surrounding property .. 2 a generally to other land or strueeu ·. in which aaid lan.d is located ... '".f. ttJl The granting of ·the applicuation pr¥Mrvat.ion an~ enjoyment of a right of the appUr:ant. 2) The granting of the proposed variance will not be ,catltrAh:·y to the int~nt.c,of''thEtt~~mprehensive ;Land ~use'"'Plan or the Zoning Code. . The granti:'l.g of such variance will not merely serve as a con\1enience to the appli<:ant., but is necessary. / to alleviate demonstrated hardshipa"'or difficulties ... ;: · ... ·. NON., THEREFORE, BE !T RESO!NEO that'.1the'Cittcou:tcif oli't. City Orono hereby approves the ,lakesho.tt-,setback'and>hardc:over'''Va applii::ation of Kent Swanson to permit',t.hll :eonstru<::Uon'4o.t a lakeside~ · addition and the additional irnprovements,;noteia:'abovetlbaaec:Pon:one or· foregoing findings and subjec~$to:;the;1:.Co.1'lowing , ... w~.a.l.,1.w,1.-.1: The non conforming 9.s• ~ 16.l* deck located within the 0-75' setback 3rea may never be enclosed aa 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 re:aoval o! the 6• x 9' roofed deck and the removal of the bricked patio area within the 0•75 1 setback area. 3) This variance application will expiro on January 2s. 1983, if a buildinq permit for the proposed improve• ments on tho pr.,por!:y has not been issued. by the City couneil ~f the City o! Orono. Minnesota at a regular meeting held __ , __________ • 198~. ... / ... -··---... _ : \ . ' ...... ~ I\) o.__ _________ ,...:;;...;..:...::.:...:.----..;...-'-----------f 3. 7' ,, . fl (JJ (') :r -ic :u 3': 111 -0 I'll (/lQ ,, STORY !.-,-EDGE LINE OF ENTRY BELOW')~! L ______ 2li__ ____ ..!,.....l WOOD FRAMED JjOUSE 8 ·GARAGE 14.7' 0 .:::0 < 11'1 . -__ ····x_ .. _ .. : -~ / ·.•2f_; M. Nesset Architecture 197 third s1reet, Excelsior,Mn.55337 672-474-7008 March 26, 1993 City of Orono Ms. Jeanne Mabusth Building and Zoning Administrator P. 0. Box 66 Crystal Bay, MN 55323 Dear Jeanne: ti Please find enclosed the zoning variance application materials as you requested. The unique situation indicated by the drawings is caused by the "pie shaped" configuration of the property. Hardcover requirements are difficult to meet because so much of the property is within the lake setback. The improvements indicated will decrease the net hardcover on the property with the loss of hardcover occurring on the lake side of the building. Thank you very much for your assistance and don't hesitate to call if you have questions. Sincerely, Mark L. Nesset, AIA Enclosure -- HARDCOVtR CALCULATION lWRKSHEET SETBACK ZONE: (CIRCLE ONE) @) 7~:~50 1 ' ... -······· · IC, e:-IJ; "? wA IJ ~t1 Al 13 tr"'?·, -t=?X 1,1)17 NG - 250-500' 500-1000' Ext STING HARDCOVER IN ZONE -----~-------------------- A, · Housl! _____ x = :3§'b er' IAJC...'-' fl~££-bJ£P ----------S,F, po;e.C# LENGTH WIDTH _____ X _____ _ ____ S,F, -----X ----------S,F, -----X -· -----= _____ S,F, -----X _____ =-_____ S,F, B, GARAGE -----X -----= -----s. FI C, DRIVEWAY _____ X ____ _ _ ____ S,F, _____ X _____ = _____ S, F, S . L/3 & ;vc'-. sr1:::P.J D,. IDEWALK _____ X _____ :er _____ S,F, ¢l.AAJo,,-..JC-rS E, PATto/ DecK · ______ X _____ :: _____ S ,F, ______ X _____ ::z _____ S,F, 7~-0' ______ X _____ • ..... · _____ S,F, F,lANDSCAPE _____ X _____ ,. __ ·3_.__.q __ ._. _&--_ S,F, AREAS UNDERL.AlN BY . _____ X _____ =-_____ S, F, PLASTIC SHEETING G,. 0:rHER _____ X _____ =-_____ S,F, _____ X _____ ::z _____ S,F, _____ X _____ = _____ S, F, TOTAL HARDCOVER IN ZONE q14 [j S,F, m I '1 ~'37 ~ s.F. -:· [i] TOTAL PROPERTY AREA .IN ZONE l]J ___ 7 ill-----X 100 -2,C/ @ % NOTE : Areas co _mputed by CAD ·system from graphically di gi ti zed drawing. Clark Engineering Corp. #93048 Checked ({Cl~"-"• i ip) l _·. i ;' ---l •. /vl='NI ,;,;(,()t//Vri,JLJ/V ,._,,..:,.,-~,, HARDCOVER CALCULATION HORKSHEET -;:::=-><1411/JG - SETBACK ZONE: (c!RC<.E ONE) _0-i5'~ 250-500' 500-100~' ExtSTING HARDCOVER IN ZONE -------~------------------ A, · HousE _____ x _____ = LENGTH WIDTH -----X -----S,F I -----X _____ _ ____ S,F, -----X -· -----::I -----S,F I -----X _____ = _____ S,F, B, GARAGE -----X -----== -----S,F I C, DRIVEWAY ______ X _____ ~ Z-"5o2 ✓ /3/Z..IC,/C.. . S,F, (! IZ ti S ;.16..1) _____ X _____ = _·_/_/~_z._✓ __ S,F, ?oe,,t::.. D,. SIDEWALK _____ X _____ i::r __ 6_1_;_4_......-_ s,F, ING£.~~ ______ X _____ ::; _____ S,F, ______ X _____ ::z _____ S,F, E. PATIO/ Deel< · 7 S7 .,/ '- ------X -----• _. _____ S,F, /,<JC,L.."7lt:~• F,lANDSCAPE _____ X _____ ra _____ S,F, AREAS UNDERLAIN BY . _____ X _____ = -----S, F, PLASTIC SHEETING G,. OTHER _____ X _____ ::i _____ S, F. -----X -----= -~-6_-z._. --S,F, /◄<'Gr.. W,4t..,.t_ l a / 4-~· $c46 _____ X _____ :a __ ,.!.....;;:O~--S, F, TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA 0 1N ZONE i6l7 Ff s.F. 0 _l~1Z(p1/PY S,F, -:·[ii []J,__ ___ 7 IT],__ __ X 100 -4£, • Z FY % NOTE: Areas computed by CAD system from graphically digitized drawing. Clark Engineering Corp. #93048 3-25-93 Checked~ ! •.•• i ip) ' ! .• i ,. ! . ',, i.. - -------I . / .· : . .J ,,,--:i : •I ii I I --~ ·-i11. ,-.. ti .. -.· • -· ~·- l '.1·: · .. . - ( f. _,,.;::· ~: -.·-f: -. ' . -. ,k > j .' , .. ' . ~-. -- -.c~ -I ;_~ii=nrr,__;:;;;;;;;;::;::;::::::;;;;;::;::;:;;;:;;;:;-::-:--:-::-iF-=t',!_', --'J __ ;( -·, . i -l rr--~r1= ~ F-, r-'-I---,__ 1-- I: ti:. i-J ._ I---,__ 1-- [: '-- l=:i: ,_ i ··•., '--...=:=.. t=:: ;__ ,_. . r l J { •fi ·; I I I fl l • Lj. .. ) ·!11 =, 11H 11 li __ .. - ,·· ~ l ' I ' -= I I LI i •. l f I I ,, I '..LL 1 l I . I __ ....._....._.___,,_~ i .I .. _. r I i 1 . -+- • ,·'>, ' .. • TI ·, I ·:: ,, ' -• .... >:,l ' l. LJ 0 -- Ii- ! : ,. 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I I I I l I I L I I I I L -_j -_J L---...J l -_, \ I / ---r-=-----· .. -=---.. -.. -.--------=:c..=-:=::.....<=-:::....=-,:t:= .... ___ -=-= _/ __ ...... /I I / / II 11 / Ji {f 11 :} I ~, i f'i1 Ji ~ 'l .,,, iv I I ~I r-iJ I i' ~ ~ "' t:J C 11 1 • 11 11 I u .. :i1. 11 , Ji; ~ ""=' r ·f . j. ~ ',-1 . . i / I 1c . = .t-. I I ; I / ! ! I . _ I_[ ',5)._ ,, / 11 ,, t' I L _______ _ 71 ----- 1 \ ~ I . I ~ t s ) I __ _:_ I 7.. 0 \/\ -, 1 g. ... < - ' '1 J ; Ii Ii ,· ' J • I 1 , , I t -; r i i I j J_ i . I I j ! fl-I I 1 1 l ii I l I I -, --·-- r 1 ....... - 1-==. I ·-I _,;= ,- I ii I .. ·".'•--. ' ~----·- ..__ t-'- t-,- Ll I I ~ [ I I I l [ I . I . ~ l I· 'I · I ' , d .I .. .,_. ; l I i fl'==' ! ! I ! i r .t I r I I I , ,_I I I I I'! l '' I l' I 1 ·1· l I' I' '· j ; . I Iii i ! I' 1 , l i {i L' l 1 l ' _.....__._,_.___,~,.... ,. •, ' I I ' I .. • =-' 1 - ' I ' , i j I I f' i : ; l / E .: ·. · 1 / i / 'I 1' I' 1: 1 I I □ ' ' I I i ' i i 1•: 1~1 - - l r=--lr7IT. ~L_J i '- ., I• I l I .,.K . ~ .... ... .• . ; ' l -l ·I ..-. "· l l I l l I I i ' / I I I I I l i ; I I l j I j .· I I · . i I ! I I 11 ! I, I I! l. ! l lili l 1l!il.J ·-_ _i_ I . I I I I I i I I I / ! ! l j I I ·1 j I I ! 1•· . 'I , l I ' i l 1• I iii ln-n II II I\ fl II TT Ii ii tr=_ .. 4 I I I I II I I l i ~----...:::--1 ---I I I l ' 11 ---I I I 7• . i I l -I I ' I - ' ' 1 L I I i I I I I/ i II ' , i ' , I li I I • ' - -. -·-·" -. ~ ----· II CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1816 NOTICE OF COUNCIL ACTION Date of Notice: 5/18/93 --------------------------------------------------------------- TO: Mr. and Mrs. Kent E. Swanson COPIES: 3229B Casco Circle Wayzata, MN 55391 ----------------------------------------------------- TYPE OF APPLICATION: Variances ----------------------------------------------------------------- DATE OF MEETING: 4/26/93 VOTE: 5 FOR 0 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the enclosed resolution. 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 April 26, 1994. ch CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1816 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 4/26/93 ------------------------------------------------------------------------------------------------------- TO: Kent E. & Susan S. Swanson 3229B Casco Circle Wayzata, MN 55391 COPIES TO: Mark Nesit 197 3rd St. Excelsior, MN 55331 ------------------------------------------------------------------------------------------------ TYPE OF APPLICATION: Variances ------------------------------------------------------------------------ DATE OF MEETING: 4/19/93 VOTE: 5 FOR O AGAINST Planning Commission recommends the following: The Planning Commission recommended approval of the variances as proposed. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed at the City Council meeting of May 10, 1993; the meeting starts at 7:30 p.m. Please contact Jeanne Mabusth if you have any further questions. ch MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD APRIL 19, 1993 ZONING FILE #1~14 -CONT. Bel lows clarified that emergency vehicles could get to the structures on this property. It was moved by Cohen, seconded by Peterson, to recommend approval of Appl icatlon #1814 Tom Berthiaume and Cherryl Kachenmeister, 3035 Casco Point Roaa, approving a side lot and average lakeshore setback, and hardcover variances, based on the hardships of the lot size and the turnaround serving other properties located on this property. Ayes 5, nays 0. (#13) #1816 KENT &.SUSAN SWANSON, 3229 B CASCO CIRCLE - VARIANCES -PUBLIC HEARING 9:16 -9:30 P.M. The Affidavit of Publication and Certificate of Mai I ing were noted. Mr. and Mrs. Swanson and Mark Nesset, applicants' architect, were present. Mabusth reviewed the 1982 variance approval of a garage addition, a family room, and widows walk connecting a screen porch within the 0-75' zone. The current request is for a second story entry addition, an addition over the existing garage, and the removal of the widows walk to be replaced with a spiral stairway with landing. She added this property also contains a portion of a shared drive at approximately 3,500 s.f. of hardcover. Bel lows questioned the access for the den area over the garage. Nesset noted access has been provided by a stairway through the laundry room, not from the exterior, and this area wi I I be used as an artist studio. Bel lows expressed concern that they might become a future rental unit. She inquired about the play structure. Mabusth noted this structure is 64 s.f. and located in the 0-75' zone. Mr. Swanson indicated this structure is used by his children to sleep in, and replaced a former boat house. Cohen stated they typically look for reductions in hardcover as a compromise. 1 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETI_NG HELD APRIL 19, 1993 ZONING FILE #1816 -CONT. Mrs. Swanson said they had hoped the Commission wou Id view the removal of the lakeside deck as such. She added they wi I I also be removing a corner of the house. She c I ar if i ed that she has 5 children and would not want to remove the play structure. Peterson asked if the neighbor to the left objected as his views' would be cut off. Mrs. Swanson noted that both adjacent residences are much taller, and stated the neighbor has views of their drive, but this proposal would not affect their front views of the lake. It was moved by Schroeder, seconded by Johnson, to recommend approval of Application #1816 for Kent and Susan Swanson, 3229 B Casco Ci re I e, for hardcover and setback variances to construct additions to their existing residence. Ayes 5, nays O. (#14) #1817 THOMAS F. JOHNSON, 2795 SHADYWOOD ROAD - VARIANCES -PUBLIC HEARING 9:30 -9:40 P;M. The Affidavit of Pub! ication and Certificate of Mai I ing were noted. Mr. Johnson was present. Mabus th indicated that Mr. Johnson was unaware of the easement situation and just prior to the meeting had requested tab I ing the application, but staff suggested the Planning Commission discuss t he me r i ts o f t he p r op o s a I and p r o v i de d i rec t i on on an amended proposal Bel lows questioned the location of the garage between the shed and the bridge. She felt this location may not be feasible. Johnson stated they would need to excavate the hi I I to accommodate the garage. Schroeder questioned the need for the cul-de-sac. Mabusth noted it would se~ve at indicated a former owner attempted released, but upon the recommendation was maintained for future needs. least four properties. She to get the private easement of his attorney, the easement Be I I ows expressed concern about re I easing the easement. She .f e It they should ask the engineer to comment on the need and size of the cul-de-sac. 13 M. N<Zss<Zt Archit<Zcture 197 t hird s1reet. Excelsior . Mn . 55331 612 -474 -1008 ror1r: •~,= ' f UL_ . LETTER of TRANS MITT AL ATTENTION: SUBJECT: WE ARE SENDING VIA: 1'1 Mail I J Express Mail THE FOLLOWING : I J Prints I ] Samples DATE DESCRIPTION 'APR --J 5 1993 I J Delivery Service I J Other -------- I ] Correspondence I 1 Other -------- # OF COPIES I ~ AOSAU!:.rt"I"' 1'12-0P~ '9\.VI-J~S 0~ S vv'At-,l~ON j THESE ARE TRANSMITTED as noted below: I J I J ] I J I J For Your Review and ·comment For Your Approval For Your Use As Requested Other ------------ I J I J [ J I J Approved as submitted Approved as noted Rejected/ revise and resubmit For Distribution COMMENTS : J?~s~ ,~c,e:_. -n-+1s: ,,._, .He-v~1AtJQ:::-oo L.ufv'\.¢-t::tf s :Jl::t&1~l£C:.. --<OU j SIGNED: COPIES: V • 1 -i CITY OF ORONO NOTICE The Planning Commission wi ll hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday , April 19, 1993 on the matter of rev iewing the following land use applications : · · 1. #1807 Susan Marie Sumey of 1330 Cherry Place seeks approval of a condiiional use permit and variance for proposed -land alterations withi n the lakeshore protected area where no such atterations are allowed . Proposed land alterations involve filling and regarding of the lakeshore bank and the i nstallation of geotechnic fabric for the purpose of stabiliz ing the eroding bank . 2 . #1808 Mr . and Mrs .-James R. Abrahamson seek approval o·f an area var iance to construct a residence on · the undeveloped property located at 4630 Tonkaview Lane . · 3 . #1809 Dan iel A. Hoffman and Barbara J . Hoffman of 1135 Heritage . Lane seek approval of a lo t area and front and side setback variances to reconstruct a residence destroyed by fire within the same locatiori as the original residence structure . . . _ . · 4 . #1810 Henry Denaro the current owner of 1245 6th Avenue North has applied for a conditional use permit to allow the major renovation of a guest apartment within the ex isting residence . 5. #1811 C . Jack Remien . the owner of the property located at 3237 Casco C ircle, has applied for area and lot width variances for the purpose of constructing a new residence on the undeveloped property. ·· · 6 . #1812 Thomas Patrick Good·year, current owner of the property located at 712 Tonkawa Road , seeks approval of side setback variances for the purpose of installing a second story over the existing residence · located 4' from ihe left side lot line and a small add ition at grade level that would be located s· from the right side lot line . In addition the applicant proposes structural alterations to a boat house located within the 0-75' setback area where no such structures are allowed . • 7 . #.1814 Tom Berthiaume and Cherryl . Kachenmeister current owners of the property 1 located at 3035 Casco Point Road, ·seek , approval of hardcover , side and .average ! lakeshore setback variances for a two story addition proposed at the lakeside ·oi-. the residence . , 8. #1816 Kent and Susan Swanson , ow ners of the prop erty located at 3229 B Casco Circle , seek approval of hardcover and average lakeshore setback variances for a proposed two story addition to the street side of the existing residence . 9 . #1817 Thomas F. Johnson , owner of the property located at 2795 Shadywood Road , seeks approval of hardcover and . lakeshore setback variances for the proposed installation of a detached garage within the street yard . ·· · . . 10. #1819 Chuck Rusch has filed a lot width renewal variance that would allow a residence to be constructed on an undeveloped property located at 1920 Shoreline Drive . · · · ·. All persons wishing to be heard will appear. Written comments are solicited . Plans are available in the City Offices for review by appointment. . City of Orono By : Planning Commission L·:. Jeanne A. Mabusth -... . Building & Zoning Ad.ministrator .--::y..,.: ·: ':·. !1.:_ . -. : . : '~ ! CpGC?-~,"l" (Pub li shed in The Laker and Pioneer April 5, 1993) ... · • 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 331A.02, 331A .07, and other applicable laws, as amended. 1. 1 C> which is attached was cut from the columns of said newspaper, and was printed and published once each week for / successive weeks: i It was first published Monday, lt /! / the j.J day of C {0/1{ 19 V , and was thereafter pointed and published every Monday, to and including Monday, the ___ day 01 _______ 19 __ ; By: Notary Public Rate Information (1) Lowest classified rate paid by commercial 1:Jsers for comparable space: $10.76 per inch. (2) Maximum rate allowed by law for above matter: $10 .76 . (3) Rate actually charged for above matter: $5.98 per inch. Each additional successive week: $4.12. 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 #1816, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 9th day of April, 1993. CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, April 19, 1993 on the matter of reviewing the following land use applications: 1. #1807 Susan Marie Sumey of 1330 Cherry Place seeks approval of a conditional use permit and variance for proposed land alterations within the lakeshore protected area where no such alterations are allowed . Proposed land alterations involve filling and regrading of the lakeshore bank and the installation of geotechnic fabric for the purpose of stabilizing the eroding bank. 2 . #1808 Mr. and Mrs. James R. Abrahamson seek approval of an area variance to construct a residence on the undeveloped property located at 4630 Tonkaview Lane. 3. #1809 Daniel A. Hoffman and Barbara J. Hoffman of 1135 Heritage Lane seek approval of a lot area and front and side setback variances to reconstruct a residence destroyed by fire within the same location as the original residence structure. 4 . #1810 Henry Denaro the current owner of 1245 6th Avenue North has applied for a conditional use permit to allow the major renovation of a guest apartment within the existing residence . 5 . #1811 C. Jack Remien, the owner of the property located at 3237 Casco Circle , has applied for area and lot width variances for the purpose of constructing a new residenc e on the undeveloped property . · 6. #1812 Thomas Patrick Goodyear , current owner of the property located at 712 Tonkawa Road, seeks approval of side setback variances for the purpose of installing a second story over the existing residence located 4' from the left side lot line and a small addition at grade level that would be located 6' from the right side lot line. In addition the applicant proposes structural alterations to a boat house located within the 0-75 ' setback area where no such structures are allowed. 7. #1814 Tom Berthiaume and Cherryl Kachenmeister current owners of the property located at 3035 Casco Point Road , seek approval of hardcover, side and average lakeshore setback variances for a two story addition proposed at the lakeside of the residence . 8. #1816 Kent and Susan Swanson , owners of the property located at 3229 B Casco Circle, seek approval of hardcover and average lakeshore setback variances for a proposed two story addition to the street side of the existing residence. 9 . #1817 Thomas F. Johnson , owner of the property located at 2795 Shadywood Road , seeks approval of hardcover and lakeshore setback variances for the proposed installation of a detached garage within the street yard . 10. #1819 Chuck Rusch has filed a lot width renewal variance that would allow a residence to be constructed on an undeveloped property located at 1920 Shoreline Drive. All persons wishing to be heard will appear. Written comments are solicited. Plans are available in the City Offices for review by appointment . City of Orono By: Planning Commission ~UYU ~ C9a_cU'cl~ . J e A. Mabusth ~,,u._/ Building & Zoning Administrator To be published the week of April 5, 1993 . TO ENGINEERING · CORPORATION Mark Nesset,·AIA 197 -3rd SL , Excelsior MN 55331 WE ARE SENDING YOU 2815 Wayzata Boulevard Minneapolis, Minnesota 55405 (612) 374-4740 - DATE March 26 ,1993 I JOB NO. 93048 ATTENTION RE : Kent Swanson property TO BE PICKED UP ,, I ~ Attached _________ the following items; D Shop drawings D Prints D Copy of letter D Change order D Plans D COPIES TYPE NO. 5 BL Hardcover survey l@of 2 xerox Hardcover calculations Returning your landscape THESE ARE TRANSMITTED as checked below : D For reviewal )tX For your use D As requested D For review and comment D reviewed as submitted D reviewed as noted D Returned for corrections D D Samples D Specifications DESCRIPTION and architectural drawings D Resubmit ___ copies for reviewal D Submit ___ copies for distribution D Return _____ corrected prints D FOR BIDS DUE ________________ 19 __ O PRINTS RETURNED AFTER LOAN TO US REMARKS Proposed constructi an is shown per y01ir drawi ogs seat to 11s We calculate that construction of the proposed addition wG11Jd add 2 sq11are feet of hardcover in the 75'-250' zone; proposed deck removal and new circular stair would result in a net reduction of 56 square feet of hardcover in the 0'-75' zone. If you or City officials have any questions, please feel free to call . COPY TO ______ SIGNEn ¢ ~ 'l'O: Kent Swanson FROH: Jeanne Mabusth OA'l'E: December 8, 1981 SUBJECT: Kent Swanson -Variance Planning cor.-mission voted to approve the lakesbore setback variance And hardcover variance application ot ~ent sweson as follows, Lakeahore aetLack required 75' proposed 72' variance 3' or 41 0-75' hardcover variance allowed• O existing• 521,5 sf proposed• 499 af 75' -250' hardcover variance allowed• 3250 sf 25\ allowed hardcover existing• 6646 sf proposed• 7112 sf -54.71 total hardcover variance• 3862 sf or 29.71 based on the following hardships: l -Shape of lot -pie shape 2 -The lakeshore setback requirements has placed severe restrictions on the building envelope .. over Ji of the lot area is ~nbuildable (total area• 30,000 st, unbuild•bl• lake shore setback area • l 7,000 sf) · 3 -House located on the site prior to lakeshor• aetback requirement. 4 -Only feasible location for the addition j,s to th• "front lakeside" of the house. such approval is based on the following finding•: l -No additivnal land available. 2 -Neighbors have all approved the proposed improveffllinta~ 3 -3,500 sf of existing hardcover is the shared driveway for abut.ting properties. TO: Walter R. &enson PROK: Jeanne A. Mabuath DATE; January 7, 1982 SUBJEC'l': 1667 Kent Swanson, 3229•8 Casco Circle• Variance zoning District• LR•lC Area ... Total 30,000 square feet (17,000 aqwu·e feet of total area excluded from building envelope by 0•75' lakeahore setback area.) Application -Variances• Hardcover 34.202 Lakeahore aetback 34.201 a) Lakeshore Setback Required -75' Setback at location of addition• 76.5' Closest existing lakeshore aetback • 57' Variance -2,5' or 31 b) 0•75' Hardcover Variance (Area 17,000 •~~•r• feet) Allowed • 0 Existin~ • 460 square feet Proposed• 442 square feet or 2.61 (reduction renlte frmn removal of remaininq brick patio area in restricted area) Breakdown of ex~stin~.hardcover l• spaced wooden deck on second story • 2• portion of house 3• poreion of brick patio 158 square feet 268 square feet 3 4 sauare fe.et m square feet c) 75' -250' Hardcover Variance (Area 13,000 Allowed• 3251 square feet or 251 Existing• 6,646 aquare feet or Slt -2,t v Proposed• 7065 square feet or 541 -291 war· (increase includes proposed patio 400 aquare feet <••• plan) and lt feet'. of addition that extends beyond •,t.ck patio area) ·· · · 1667 Kent Swanson, 3229-B Cuco Circle -Variance page 2 · Breakdown of exiating hardcover 1• walks+ patio 1200 square feet 2• houae 1946 aquare feet l• ch:iveway (portion of 3500 square fot driveway ahared •• m'W square feet with abutting houaea) ~i•t of Bxhibita Exhibit l • Applicatir , 2 • Property c.m•r• list l • SWtUUIOf', .. ~ letter 1•5•82 4 • Plat m::.1, 5 • Survty preaented at Planning Coate1ion meetin,a 12•7-81 6 •Interior• building plans 7 • Hultgren letter 8 -~aropaky letter 9 • Revised survey The Swanson'• propose a 2 story lakeeide addition of •P proximataly 448 square feet of hardcover that as pr•Hntly propoaed requiraa a variance for• 2.5 feet enoroachMnt into the lakeshore aetback 4H't!Ul and hardcover varianc••·• The applicant• :,riginally propo1ted closing in a apac•d wooden deck and extending a deck alonq the lake•hore of the house but staff adv:ituru:l againat thi• once th• 75 1 setback line waa determined. The enaloaing ot the •tti••tlft4 deck would encourage an bu::rtruu1e or expansion of a atruct\l~• within the 75' AHttback area and the additional l' dacJd.n9 along the front of houao would permit new conatruation within the protected area. · Since the Planning Comsa:ltt11ion acted on th• vadance at,plication at their 12•7•81 Meting, the Swanson• have aubaitt•d a . second or reviud survey. A review of exhibits 5 and. 9 will ahow that the changes were miniul and did not warrant a •econd review of the Planning Commia•ion. The above finding• were based on the revised survey received this office January 5, 1982. The encroachment by the into the lakeshore utback .1u:ea ha• been redoce4 • fl'Oll~~.? 3 fut. t.o a 2.5 feet. In addition, 1/3 of the .&ii~ ),,zJ. originally located within the 0•75' setback ana .itf:IIOW.,. " 1 relocated within the 75-250' setback area. Major portion• of the addition will be placed over already exi•tin9 hHd-, cover. '?be Swanson•• letter tot.be Council (eXhibit 3).ff'Yi4'W the background of their request.. The house was :in6N4~.,;; 1667 Kent Swanson, 3229-B Casco Circle -Variance page 3 placed on the lot prior to the 75' ■et.t>ack requirement. The existing atructw:e does meet the SO' lakeshore setback line requirement ot the previoua ordinance. The interior layout of the house does require that the addition be placed to the lakeside. The applicant, applicant•• architect and the Planning Commission were all made aware of the nNd to maintain the 75' lakeahore setback line. Staff haa advised that this is a design problem to be aolved by the architect. The applicant'• architect, Mark Nesset cont.nda that it ia impoaaible to meet the aetback standard and also aatiaty hia client•• needa. The Planner will respond to thia concern. Please review the Planning Cofflffliaaion meeting of December 7, 1981, for background discusion and their approving recommrndation. I could recommend that the original Planning Comisaion recommendation be amended ,a follows: To approve the hardcover variance application of Kent Swanson and to deny the 2,5' setback encroachment into the lakeehore setback area finding that there waa insufficient hardship ~~monstrated by the applicant, such approval will permit the construction of an addition of approximately 448 square feet and a patio area of approximately 400 square feet ba•ea on the following findings and bardahipe, a) hardships l• shape of lot -pie shape . 2• the lakeshore setback requirements haa placed severe restrictions on the building envelope -over~ of the lot area is unbuildable (total area• l0,000 square feet, unbuildable lakeshore setback area• 17,000 square feet) · 3• house located on Bite prior to lakeshore setback. requirement 4• only feasible location for the addition is to the "front lakeside" of the houae b) findings 1-no additional land available 2-neighbors have all approved the propoaed J-3,~oo •quare feet of existing hardcover driveway for abutting properties and subject to the following conditions 1-All new construction (patio+ addition) must not encroach the 75' lakeshore setback line .. 2-Brick patio area within the 0-75' setback area is 1667 Kent SVanson, 3229-8 Coco Ci1~c1e -Vuianoe page 4 to be removed prior to footing inapection for new a441tion. 3• Applicant i• to review all plans for patio uea with the City staff prior to any conatruct1on. DATA 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 to review private data on yourself. 6. Your full name is required to process this application or permit. Kent. E. and Susan S. First 3229 B Casco Circle Address Orono City 471-7100 Phone Swanson Middle Last MN 55391 State Zip I understand my rights as stated above. ~ Al,~ l igriature=-c:::::> -. ---~--------------------------~---k- · RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individuals on whom the data is stored or to be sto.red shall be es set forth in this section. Subd. 2. Information required to be given individual. An. individual e.sked 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, pursua.pt to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue mav place the notice re uired under this subdivision in the individual income tax or orooertv tax re und instructions instead o on those forms. ' -Subd. 3 •. -Access· to data by--individua.L 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 e.s public, private or confidential. Upon his . further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall Se informed of the content and meaning of that data. After an individual has been . shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. · The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request> excluding Saturdays, Sundays and leg-al 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 aeeurate 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 o! the disagreement. The responsible authority shall within 3 0 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 ~f the administrative procedure act relating to contested cases. . . ;~ I -(f/0 7 1') ~ -J. l 0 I I I 11 t/-b · ,_ 7t- \\ \ --~ --~----- D I \ I I I . l l / /7,/ ' ' I / '~i--</·/ "'-'---\-· J --·· -- i ~- . ' f.JO~--~~-- ·-· .. .,.'i ~·!' < I I .. I ., ·. ,1· . '- .. ,· _.:::.. , .. .-;'11--__,..-·..:,..·'!.__, ----~ f :j .. ' I • t,._1 -_ Ql,-,.1~ •,~ I • . ·-, ,- I _.: l lf 7 I I I I I I l--t t I ·-~U,f£.1"'. .... 1..1 t-1 F1, ·--uf'Plifi-';-:J., ·O - L.aw-#. . : .. -~.:O . r I I I "r'~ l£•~!. I -_, "'i~e.tJ OI tJE. jl:.1r~11jP1tJ I I ..,_ __ '%', i=:1. µ-r1 O 2-lo I I+" .tpft., I DC ,4cJ ·:./ £ / / 1/ "'l '3 . -~ N ,- . '