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HomeMy WebLinkAboutProject PacketCITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Kevin Kennefick 3241 Casco Circle Wayzata MN 55391 APPLICATION NO. # 2415 NOTICE OF COUNCIL ACTION Date of Notice: September 30, 1998 COPIES: Terry Sanders 1110 Evergreen Lane N Plymouth MN 55441 TYPE OF APPLICATION: Variance and Conditional Use Permit ----------------- DATE OF MEETING: 09/28/98 VOTE: 5 FOR 0 AGAINST --------------------------------------------- COUNCIL ACTION -MOTION: 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. 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 9/28/99. Conditional use approval is subject to the conditions of the approval resolution. In the case of projects requiring a construction permit or other work permit, such permit must be applied for within one year of the date of conditional use approval or that approval will expire. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. jlg ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28, 1998 (#2401 Thomas and Margaret Radke, continued) Radke stated he does not have a problem with that, noting he is proposing to construct a 10' by 14' shed. . . . . : . . . KeJley moved, Goetteit seconded, to adopt RESOLUTION NO. 4163 approving Application #2401, 3424 Eastlake Street, granting of a variance to allow an accessory building to be constructed on a lot without a principal structure not to exceed 12' by 15', and reserving the right for the adjoining neighbor to construct a shed, not to exceed 12' by 15', on the same lot. VOTE: Ayes 5, Nays 0. (*#6) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE NORTH -SUBDIVISION -RESOLUTION NO. 4164 Goetten moved, Peterson seconded, to approve #2408, 900 Willow Drive North, adopting RESOLUTION NO. 4164, A Resolution Approving a Subdivision of a Lot Line Rearrangement of a Property Located at 900 Willow Drive North. VOTE: Ayes 5, Nays 0. · (*#7) #2412 STEVE WHITE, 4355 BAYSIDE ROAD -RENEWAL SUBDIVISION - RESOLUTION NO. 4165 Goetten moved, Peterson seconded, to approve #2412, 4355 Bayside Road, adopting RESOLUTION NO. 4165, A Resolution Approving a Metes and Bounds Class I Subdivision of Property Located at 4355 Bayside Road. VOTE: Ayes 5, Nays 0. (*#8) #2414 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE-VARIANCES­ RESOLUTION NO. 4166 Goetten moved, Peterson seconded, to approve #2414, 1422 Park Drive, adopting RESOLUTION NO. 4166, A Resolution Granting Variances to Allow for the Construction of a Garage at 1422 Park Drive. VOTE: Ayes 5, Nays 0. (*#9) #2415 TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO . CIRCLE-CONDITIONAL USE PERMIT/VARIANCES-RESOLUTION NO. 4167 Goetten moved, Peterson seconded, to approve Application #2414, adopting RESOLUTION NO. 4167, a Resolution Granting After-the-Fact Variances and an After-the-Fact Conditional Use Permit to Allow the Replacement of a Deck and Land Alteration within 75' of the Lakeshore for Landscaping and Rock. VOTE: Ayes 5, Nays 0. (#10) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BORN'S POINT ROAD -VARIANCE Page 8 Application Date: Completion Date: 60 Day Deadline: 8/19/98 9/10/98 11/9/98 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Paul Weinberger Title Assistant Zoning Administrator Item Description: #2415 Kevin and Pat Kennefick 3241 Casco Circle DATE: 9/23/98 ITEMNO.: 1 Agenda Section: Zoning Conditional Use Permit--Variances--Public Hearing Zoning District: Lot Area: LR-IC 31 ,744 One Family Lakeshore Residential District ( 1 /2 Acre) square feet (. 72 acres) Application: The applicants are applying for an after-the-fact variance and an after-the-fact Conditional Use Permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock. The landscaping work involved installing boulder outcroppings on a steep hill towards the lakeshore. The property owners originally had a steep hill covered with grass that was dangerous to mow. Installation of the boulders required removal of some soil and placing new soil elsewhere. The boulders will serve to allow plant growth_. Natural Environments Corporation has reported they have used over 600 plants on the hillside. The property owners also had a deck removed and new constructed . The new deck is in the same location as the previous deck with a changed footprint. The deck would require a variance from allowed hardcover in the 75-250' lakeshore setback. Although the hardcover is being reduced from 42.5% to 39.8%. This application will require the following variance: 1. Hardcover in the 75-250' lakeshore setback. The previous hardcover was 42.5% the existing is 39.8%. A Conditional Use Permit is required for the following: 1. Land alteration in the 0-75' lakeshore setback. Landscaping and the addition of boulder outcroppings occurred within 75' of the lakeshore. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended by a 6 to O vote to: Approve the variance and conditional use permit as submitted. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution. This is an after-the-fact application, therefore double permit fees should be required. A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) AND AN AFTER-THE-FACT CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2415 WHEREAS, Kevin Kennefick and Patricia Kennefick (hereinafter the "applicants") are the owners of the property located at 3241 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: Lots 16 & 17, SPRING PARK; ALSO, all that part of vacated Lake Shore A venue and the tract of land lying between said vacated A venue and Lake Minnetonka which lie between the easterly extensions of the northerly line of said Lot 16 and the southerly line of said Lot 17, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the replacement of a deck allowing 8,004 s.f. (39.8%) hardcover in the 75-250' lakeshore setback area where 5,025 s.f. (25%) is normally allowed and to Municipal Zoning Code Section 10.03, Subdivision 19 for an after-the-fact conditional use permit to allow land alteration within 75' of the lakeshore. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2415. 2. The property is located in the LR-lC Zoning District. 3. The property is approximately . 72 acres in area. Page 1 of 4 4. The Orono Planning Commission reviewed this application on September 21, 1998, and recommended approval on a vote of 6 to 0 of the proposed after-the­ fact variances and conditional use permit, based on the following findings: a. The property contains a steep hill that is dangerous to maintain. The landscaping has eliminated the need to mow grass and allows soil to absorb water. b. The hardcover on the lot has been reduced in the 75-250' setback area from 42.5% to 39.8%. c. The hardcover in the 250-500' setback area has been reduced from 31.8% to 29.7%. d. The applicants shall be required to pay double permit fees as required on after-the-fact applications. 5. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, 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. 6. The City Council finds that granting an after-the-fact conditional use permit to allow land alteration within 7 5' of the lake shore will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Page 2 of 4 Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit the replacement of a deck allowing 8,004 s.f. (39.8%) hardcover in the 75-250' lakeshore setback area where 5,025 s.f. (25%) is normally allowed and grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow land alteration within 75' of the lakeshore, subject to the following conditions: 1. No additional land alteration is to occur on the property without receiving necessary permits from the City. 2. The landscaping will adequately screen the boulders from view on the lake side. 3. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (September 28, 1999). 4. 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. 5. 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. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner( s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared -----------------known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared -----------------known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. · Notary Public Page 4 of 4 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Kevin Kennefick 3241 Casco Circle Wayzata, MN 55391 TYPE OF APPLICATION: DATE OF MEETING: 9/21/98 Variance Planning Commission recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: ZONING FILE #2415 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 23, 1998 COPIES TO: Terry Sanders VOTE: 1110 Evergreen Lane No. Plymouth, MN 5 5441 6 FOR 0 AGAINST City Council September 28, 1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACTION\2415 TO: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Assistant Zoning Administrator DATE: September 16, 1998 SUBJECT: #2415 Terry Sanders of behalf of Kevin and Pat Kennefick 3241 Casco Circle Conditional Use Permit--Variances--Public Hearing Zoning District: Lot Area: Application: #2415 Kevin and Pat Kennefick 3241 Casco Circle LR-lC 31,744 One Family Lakeshore Residential District (1/2 Acre) square feet (. 72 acres) The applicants are applying for an after-the-fact variance and an after-the-fact Conditional Use Permit to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock. The landscaping work involved installing boulder outcroppings on a steep hill towards the lakeshore. The property owners originally had a steep hill covered with grass that was dangerous to mow. Installation of the boulders required removal of some soil and placing new soil elsewhere. The boulders will serve to allow plant growth. Natural Environments Corporation has reported they have used over 600 plants on the hillside. The property owners also had a deck removed and new constructed. The new deck is in the same location as the previous deck with a changed footprint. The deck would require a variance from allowed hardcover in the 75-250' lakeshore setback. Although the hardcover is being reduced from 42.5% to 39.8%. A portion of the deck encroaches into the average lakeshore setback, but to be considered structure it must exceed 6' over grade level, which it does not. Some work did occur in the 250-500' setback that reduced total hardcover from 31.8% to 29.7%. Variances and Conditional Use Permit 9121/98 Page 1 This application will require the following variance: 1. Hardcover in the 75-250' lakeshore setback. The previous hardcover was 42.5% the existing is 39.8%. A Conditional Use Permit is required for the following: 1. Land alteration in the 0-75' lakeshore setback. Landscaping and the addition of boulder outcroppings occurred within 75' of the lakeshore. Pertinent Ordinances: • Section 10.22, Subd. l(A): Lakeshore Setback Regulations • Section 10.56, Subd. 16(L)(2): Lakeshore Setback Regulations • Section 10.03, Subd. 19: Land Alteration #2415 Kevin and Pat Kennefick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page 2 ANALYSIS Lot Area and Yards LR-IC Lot Area Lot Width Lakeside Yard Side Yard Street Yard (1/2 acre) Required 21,780 s.f. 100' 75' 10' The subject property does meet lot area requirements. Hardcover Distance Total Area in Existing Allowed from Setback Hardcover Hardcover Shoreline 0'-75' 8,700 s.f. 300 s.f. none (3.4%) (0%) 75'-250' 20,100 s.f. 8,553 s.f. 5,025 s.f. (42.5%) (25%) 250'-500' 2,944 s.f. 937 s.f. 883 s.f. (31.8%) (30%) 500'-1000' 0 0 0 (35%) 30' Proposed Variance Hardcover Requested 300 s.f. none (3.4%) 8,004 s.f. yes (39.8%) 875 s.f. none (29.7%) 0 none The applicant requires a hardcover variance for the 75-250' lakeshore setback to allow 8,004 s.f. (39.8%) where 8,553 s.f. (42.5%) previously existed. 675 s.f. of boulder outcroppings were added within 0-7 5' of the lakeshore. In the past the City has not considered boulders as hardcover, although the amount placed near the lakeshore may be excessive. Structural Coverage #2415 Kevin and Pat Kennefick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page 3 Total Lot Size Total Structural Coverage Percentage 31,744 s.f. 4,014 s.f. 12.6% The lot does meet the 15% allowed lot coverage for structure. ANALYSIS A. Conditional Use Permit Staff has determined the landscaping that has occurred on the property required fill to be added to stabilize the outcroppings on the lot. Before the landscaping the hill was grass that the applicant has stated was difficult and dangerous to maintain. Findings: I. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan. The improvements to the property would not change the use of the property. The property would remain residential. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The location of the conditional use would not be detrimental to public health. The property owner installed the landscaping as a result of having a steep hill that was dangerous to mow. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The amount of dirt placed for landscaping was minimal. The boulders will have the most impact as they are visible from the lake. The intent of the Shoreland Ordinance is to restrict alterations within the lakeshore area. The new landscaping will better control the absorption of water since no under lying material was added and the plants and rocks would cause more water to be absorbed into the ground rather than flow over the grass to #2415 Kevin and Pat Kennejick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page4 the lake. 1. The applicant is requesting an after-the-fact variance to allow hardcover to exceed 25% in the 75-250' setback to allow the deck built without a permit to remain. 2. An after-the-fact conditional use permit is required for land alterations and grading within 75' of the lakeshore. 3. The portion of the deck encroaching into the average lakeshore setback is only 40' from the adjacent property to the north. 4. Mowing the grass on the hill prior to the landscaping was difficult. 5. The lot does meet structural coverage requirements. 6. The hardcover in the 250-500' setback has been reduced from 31.8% to 29.7%. STAFF RECOMMENDATION • Staff recommends approval of an after-the-fact variance for hardcover of 8,004 s.f. (39.8%) within the 75-250' lakeshore setback and the applicants pay double application fees as required for after-the-fact permits. • Staff recommends approval of the after-the-fact conditional use permit to allow boulder outcroppings and grading to occur within 75' of the lakeshore subject to the following conditions: 1. No further land alteration is to occur without receiving necessary permits from the City. 2. The landscaping will adequately screen the boulders from view on the lakeside. Attachments #2415 Kevin and Pat Kennejick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page 5 A Application B Building Permit Application C Plat Map D Location Map E Topographic Map F Letter from Applicant G Photographs of Completed Work H Letter from Property Owners I Letter from City Building Official J Previous Survey K Existing Survey L Hardcover Calculation Worksheets M Existing Site Plan --Survey N Landscaping Plan 0 Property Owners List P Permit Record #2415 Kevin and Pat Kennejick 3241 Casco Circle Variances and Conditional Use Permit 9/21/98 Page 6 • Application # 2 t..f LS Date Received 3 :.. , Cf _,_ & Amount Paid f; 3S 0 CITY OF ORONO -GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address 3241 Casco Circle, Orono, Minnesota . Type of Application to be Filed ___________________ _ Property Identification Number (P.I.D.) _________________ _ APPLICANT Phone (home)_ Name_ Terry s.a n d.e.r a_ ________ Phone (work) L1:~44-8Q02 Address_lill Ev e r g r ee n ~~n ~ No _._ Ply rr!__o u th, ·-.MN Zip2._5 44 1 __ OWNER (if different than applicant) Phone (home)___._4_,_7-=--1_--"'-0-"'-0.,,,__2-"'-6 __ _ Name Kevin Kenne f i c k Phone ( work)____,3e....,3"--'2=---_,5::...,. 2:..:0:..:0"----- Address 32 4 1 Casco Circle No. City Orono Zip~ ~ Date Property Acquired __ D~e~c~e-=m=b--=e=r'-'----=1'-"9-=9-=6'--------------(month/ye l)-~l 0V I (do) (do not) also own the adjacent parcels of land . FEES -CONDITIONAL USE PERMITS - ___ $ 75.00 For each variance request with CUP appli~ation ___ $175.00 Residential Accessory Use ---$250.00 Institutional (church, school, etc .) ---$225.00 Guest House/Guest Apartments ___ $200.00 Duplex Credit/Bldg $300.00 Commercial/Industrial Use --- $250.00 Land Alteration --- Grading and filling -designated wetland or floodplain Grading and filling -501 cu. yd. or more Grading , seawall, retaining walls within 75' of lakeshore PRD/PID -see Fee Schedule --- ___ $150 .00 Renewal Fee (no change from original application) ___ After-the-Fact Fee -Double Current Application Fee OTHER APPLICATIONS ___ $250 .00 Commercial Site Plan Review(+ consultant fees) $300.00 Vacation --- $200.00 Easement Vacation --- $100.00 Easement Vacation With Subdivision --- ___ $350.00 Rezoning (PUD -refer to fee schedule) ---$350.00 Comprehensive Plan Amendment ---$100.00 Appeals Other -see Fee Schedule --- 6 REQUIRED SUBMITTALS 1. :J. Completed Application Form. 2. X Describe request in detail. 3. X Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603 , Go v ernment Center, 348-3271). 4 . . X Certificate of Survey (signed by a licensed surveyor) -refer to handout for sui-v~y information : · · 5 . X.., Attach legal description to application if not included on required survey . 6. ? ___ Topographic survey (existing and proposed contours) if land alterations involve 7. 8. 9 . changes in elevation (grades). ~ List of the legal names (include marital status) of all persons with an interest in ~ the property . This would include name(s) of applicant(s) if not current owner(s). ~ Construction plan, if applicable (see staff for requ irements). · ___ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans , etc. to be submitted .) The Applicant and Property nwner must sign this application. Please remember that your application is not complete if the above information has not been included .· Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _____________ Date ___________ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct the best of his/her knowledge. Applicant's signatur~ Date ~ -/ 7 -1 ? O"\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members,.· and Council members fo purposes of investigation and ve · 1cation of this request. ~ /,7 /~3 Applicant must have all submittals into the City offices 25 ys before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 7 Total Fee: $ -------Date Received: Entered By: --------Permit#: --- CITY OF ORONO -BUILDING PERMIT APPLICA All information must be submitted in full before plan review wil (please print all information) THE APPLICANT IS: (circle one) NAME OF O\VNER: r . re e, v / ".l f;_ t'./tfl -C 'f-..-c b<. PHONE: (home) (work) _______ _ MAILING ADDRESS: 5 ~---c:._ CITY: ZIP: --------"'----------------- ARCIDTECT/ENGINEER: PHONE: -----------------MAILING ADDRESS: CITY: _____ ZIP: __ _ NAME: REGISTRATION# _____ _ TYPE OF \VORK: New --Addition --Accessory Structure ___ _ Move· --Remodel/ Alteration --Land Alteration ~"---- SQ. FEET OF EACH FLOOR: _________ _ GARAGE STALLS: ATT. DET. --'°-C) ESTIMATED CONSTRUCTION VALUATION (excluding land): $ ~/~ ;;--- I hereby apply for a building permit and I acknowledge that the information above is complete and accurate; that the work will be in conformance with the ordinances and codes of the City and with the State Building Code; that I understand this is not a permit and work is not to start without a permit; and that the work will be in accordance with the approved plan. APPLICANT'SSIGNATURE~?d c DATE: 5~~ ?f~f .P NOTE! Parade of Homes events~qu'eseparate pennit approval by Police Department and City Council 60 days prior to the event. Non-pennitted events will not be allowed. ji~:{: LOT 150 SPRING PARK · · ( 3 I) '{:},·' Natural Environments Corporation 1110 Evergreen Lane North Plymouth, MN 55441 Kevin Kennefick 3241 Casco Circle Orono, Mn Telephone (612) 544-8002 Facsimile (612) 525-0576 Home: 4 71-0026 Work: 332-5200 Fax: 332-4539 To: City Council, City of Orono, Minnesota Re: Application for variance, 3241 Casco Circle, Orono, MN Issues include 0-75' grading, 75-250' range hardcover, and line of sight. #1 -Request for conditional use permit in the 0-75' range This request is based on the fact that before the landscaping work was done, management of the hillside was extremely difficult. Due to the steep slope, the owners had trouble mowing, and erosion was a constant problem. The steep slope sped up the flow of water so it drained off the hill rather than filtering through the grass and soil. The landscaping work involved installing boulder outcroppings designed to slow the water flow as it went down the slope. Around the outcroppings, plants and mulch were installed to assist in absorption and filtering of water. No landscaping fabric was laid under the mulch to further perpetuate the filtering process. The landscape designer used over 600 plants and strategically placed outcroppings to create an environmentally friendly and aesthetically pleasing solution to the problems the owners were facing. The designer selected plant materials which would be the most effective in slowing the flow of water and stabilizing the hill. In addition to the hillside becoming more effective in treating surface water, the wide band of grass remaining at the bottom of the hill out to the lakeshore can now more effectively absorb and filter any water off the hill, as the flow has been significantly slowed. The elevations at the top and the bottom of the hill were not altered, and the alterations of grade on the hill were kept to a minimum. Fill was added only to the areas behind the outcroppings and the amount installed was the minimum amount necessary to create a safe and stable environment. Since these landscaping changes have been made, the area has experienced several powerful storms with heavy rainfall. The erosion reduction methods worked perfectly. There was no evidence of erosion. #2 -Request for Variance on Line of Sight The new landscaping work involved removing an old, rotting deck and replacing it with a new deck having an additional section that crosses the line of sight. Some facts should be noted. Immediately to the north, trees and shrubbery grow along the property line which minimize line of sight problems. The second property to the north has already received variance on line of sight for a deck that extends further than the deck for which this party requests variance. In addition, the next two properties to the south also have variances for decks that push out farther than this deck. Finally, it should be noted that this deck is much lower to the ground than the neighbors' decks, hugging the ground at only one to three feet off ground level. #3 -Request for Variance on hardcover in 75-250' range Based on a land surveyor's figures, hardcover in the 75-250' range previous to the work done was at 42.55 %. The owners have diligently tried to reduce this. As a result of the landscaping, the hardcover has been reduced to 39.82 %. Part of the reduction process has included removal of creosote-soaked railroad ties, which presented a potentially hazardous situation in regards to water and drainage into the lake. These were replaced with boulders. Thank You, Terry Sanders i I lA -View off north 1B -View off south side of deck 2A -View of north side of hill 2 B -View of entire hill from south side 3A -Close-up view of outcroppings 151~ - - August 18, 1998 City of Orono Planning Commission/ City Council Dear Sir or Madrun: Background Kevin and Pat Kennefick 3241 Casco Circle Wayzata, MN 55369 My wife and I are seeking variances to complete a large renovation project already well underway. Our property at 3241 Casco Circle includes a 105-year-old home that was in need of major upgrading. The majority of the work was reconstruction on the inside of the home. We stayed within the original footprint to ensure we would remain inside any hardcover restrictions relative to the home itself. Our contractor applied for all required permits and the work has progressed to near completion. The outside of the home also required substantial change. The front of the home was landscaped with a series of terraced walls made from now deteriorating railroad ties. These timbers contained creosote and included sheets of plastic between the terraces to prevent weed growth. The back of the home included the srune type of timbers as well as a cement wall that was crumbling and leaning severely towards the house. We had not intended to replace the deck on the lakeside of the house at this time, but found it necessary as the construction progressed. We were removing stucco siding from the house. A portion of the stucco was behind the ledger board that supported the deck. We tried to temporarily remove the ledger board; unfortunately, we found it rotten and unsafe to support the deck. At that point, we made the decision to replace the deck in basically the srune configuration it was before. We also made the decision to landscape a hill that leads to the lake in a way that would provide natural beauty and comply with we believed to be the restriction regarding hardcover in the 0-75 foot range. The hill to the lake caused a significant safety hazard when attempting to mow the grass. It was also deteriorating with large washout gullies forming when there was heavy rain. I was unable to hire anyone to mow it because of steepness and the inability of the equipment to stay on the hill. I had to wear golf shoes to stay on the hill and on more than one occasion had the lawnmower roll over on top of me. Fortunately, I made it through last summer without being injured. (A prior owner told me he had to tie himself to a tree to prevent falling down the hill). Something needed to be done. • Page 2 August 18, 1998 We did not like the look of heavily terraced walls that you see as you drive along the lake. We wanted to retain the "period" look and keep it as natural as possible. The selection of boulder outcroppings was made based on the following criteria. We needed to stabilize the hill. We wanted to plant low maintenance bushes and flowers to give a natural look without letting it go wild. We wanted to comply with the hardcover restrictions to create an environment where runoff could percolate and filter through the hill before entering the lake. My contractor called to check with the city and was told that outcroppings, as opposed to walls, were not considered hardcover. In discussion with the city inspector he said "this is the type of material we should be encouraging residents to use because of the natural look and the ability to absorb water under the boulders". We have received no complaints from any of our neighbors regarding any of this construction. The neighbor to our north said, "This is the best investment I didn't have to make". On our south side, the neighbor said "you have done the most beautiful job with your landscaping I could imagine, it is breathtaking". Request We are seeking variances in three areas as follows: Line of site. The main part of the deck is well within the line of site regulations. There is a lower portion of the deck that extends out on the North side of the main deck at or near ground level. The front portions extend about 4 feet in front of the line created between my neighbors on either side, but within the line of site if we look two houses down on either side. The area in question provides a seating area totally out of view from the neighbors to the North due to dense tree cover between the houses. Both neighbors have elevated decks and our near ground level deck doesn't infringe on their line of site in any way. This area was put in because the main part of the deck is too narrow to accommodate a table. Hardcover 75-250 range. We have designed our landscaping plan to accomplish as much reduction of hardcover as is physically possible. We have reduced the overall hardcover from 42.55% to 39.82% as a result of those efforts. The efforts included; eliminating 133 sq. ft. of driveway space, removing plastic under all rocked and landscaped areas and replacing them with natural mulch, eliminating one wall of railroad ties and replacing other walls with more environmental friendly boulders, breaking out a concrete ramp that led to a basement walkout, and replacing it with a much smaller cellar door under the main deck and looking for further reductions with every modification we make. Much of our hardcover in this range is made up of slotted deck, which at least allows indirect absorption of water. Our hardcover challenge is preserving an older home with a detached garage and driveway within the 250-foot mark. We seriously considered tearing down this old landmark and constructing a new, modem home with all the conveniences of an attached garage and a real basement. Had we done so we could have easily met hardcover requirements within our 120' x 350' lot. We decided that we would "put up with" some inconveniences to retain the charm and beauty of this old place and we did not have the heart to let our home be one more casualty on the lake. It does however, present us an impossible task of getting within the prescribed hardcover limits. • Page 3 August 18, 1998 Conditional use permit for grading_ within 0-75ft range We are also requesting a conditional use permit for grading changes to the hill in the 0-7 5ft area. We have, as stated above, used boulder outcroppings to support the hill, without creating walls. The plantings, as the grow, will cover a substantial amount of the boulders creating a natural looking finish. My understanding is that individual boulder or outcroppings of boulders are not considered hardcover. In our initial discussions with the city it was determined that the use of boulders according to our supplied plan, was within the guidelines for adding material to the hill. The city personnel later came to the site, viewed the hill and determined a conditional use permit would be necessary. The slope of the hill is essentially the same as it was before. The boulders will allow us to fix a worsening erosion problem and slow the water running down the hill. It will also provide for natural looking plantings that can be maintained safely. Your approval for these variances and conditional use permits will allow us to restore the outside of the home to it's original charm. Thank you for your consideration. Sincerely, Kevin and Pat Kennefick Home Owners CITY of ORONO July 24, 1998 Mr. Terry Sanders Natural Environments Corp. 1110 Evergreen Lane Plymouth, Minnesota 55441 Re: Work Without Building Permits Dear Mr. Sanders: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailln1 Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On June 24, 1998 this office notified you of the requirement for a variance/conditional use permit for a deck and shoreline work that has been completed at 3241 Casco Point Circle. As of this date, an application has not been received. As this is an after-the-fact situation, the City must require you to remove the deck and restore the lakeshore bank to its original condition or if you feel you can demonstrate a hardship, you can apply for a variance and a conditional use permit. A deadline of August 10, 1998 has been established for removal and restoration or submittal of variance and conditional use application and required submittals. If this deadline is not met, the City will initiate legal action. If you have any questions, please feel free to contact me at my office. Sincerely, !tt- Building Official LO/ch Enc. Variance/Conditional Use Permit Application cc: Kevin Kennefich, 3241 Casco Circle, Wayzata, MN 55391 Bruce L. Vang, Field Inspector Elizabeth Van Zomeren, City Planner/Zoning Administrator Paul Weinberger, Asst. Zoning Administrator Telephone (612) 47'3-7357 • FAX 473-0510 OF LOTS " ~ " " CERTIFICATE OF SURVEY FOR 1 i NATURAL ENVIRONMENTS CORP.: ;•\·, 16. & · 17 AND VACA TED STREET, .. SPRING HENNEPIN COUNTY, MINNESOTA PARK \ \ \ \ \ I " ' ,\ ,\ \\\~ /' '\ Legal Description ~ \: "' ~'a,=--. \ ~- \ "' \ v.., \ I" \ ~\ / ~\~ /:· ' <.,., -~ "''"' ,/ ,· \ \ \ \ \ lots 16 & 17., SPRllNG PARK, ALSO, all that part of vacated Lake Shore Avenue and the tract of land lyirng betv-.-een said·vacated Avenue and lake Mmnetonka which lie between the easte,rty extensions of the northerly line of said Lot 16 and the southerly line of said Lot 17 This survey intendls to show the boundaries of the obo11e described propert)>' ond the existing house thereon. Jt does not purpo,rt to show any other improvements or encroachments Bearings shown ore based upon on assumed datum. o : denotes iron marker set • : denotes iron mork!1'r found f:'lol!:!: T_his drq"'.'ingi is a "before" drawing, based upon owner's reco!letions ond pictures suppllied to us This is for comparison p,.xpose.s only \ \ \ \' ,, ~l~I~ d­z::J ml -1~ ~ --"-~· ~ !~ d ll; ~ ~ I~ ~ ~~ ~ ~i ;: Ii c=;;::n s ii I ~ ~ I ~ If 1~ I~ ~ ~ tC ~~ ,;;.-:,J~~ r;,-"'4 '~J c,1 ~ r--,.,... CERTIFICATE OF SURVEY FOR NA TUR AL ENVIRONM~NTS CORP. OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK \ \ " .,.. "' 0 0 HENNEPIN COUNTY, MINNESOTA " 7' " ' '°' ,\ \ ·'? / /. Legal Description Lots 16 & 17, SPRING PARK; ALSO, alt that:Part of vaca.!ed Lake Shore AVenue and the tract of !and lying bet-M?en said vacated ~venue and Lake Minnetonka which lie bet'ween the easterly extensions of the northerly fine of said lot 16 and the southerly line of said Lot 17. This survey intends to show ·the bOi.JndorieS or the Obove described prop­ erty. ond the location of on existing house, garage and shed thereon, and the location of oH exh1ting visible "hardcover" thei'eon. It does not purport to show any other improvemenb or encroachments. Beorings shown ore bo:sed upon on os:sumed dotUm. o : denotes iron morker set • : denotes iron marker found i ! :'If-( ¼,111\!, 'er, O,vlr: -</ ~,~~~~ g~ v,: 0 -ID I -;;; ~ ~ ~j~ l1r I !!I; ! 2~i~ ~ ~ 0~ !:l ::~h -!~g; ~?i ► ~ §i~~ ~i~; --,_____ ~~~ "' -ol' ,:§ ~ !I ci 5i i ~IL Z· ~;-!: o Jl €3 !lr ~ I<!! z 11"' ~ I!! I la,., ! ~ 8. ~ e ~ ~ i ~ ~ If 1~ -~ ! ~ . )~' 1 ., --~ ~:' g-· ~~~ il -, '/' -:'7.-.r·j-,d':-• ,-~r· ".:::~. C\l ~' NA.I U I.::, /,.l., .:;;. I' l ,J i I.:. v' 1\l M t;JJ 1 ~ CJ/fe$/f8 AF HARDCOVER CALCULATION \VORKSHEET ,, SETBACK ZONE: (CIRCLE ONE) <B 75-250' 250-500' 500-1000' J;;1ISTINQ H6BQ~QVEB It! l'.;Q~E A. i'l'0'1:m!" X 14-8 S.F. SH-6') Length Width X = S.F. X = S.F. X = S.F. B. Gar_~&e X = S.F. ···-c. Driveway \ X = S.F. X = \ ,· S.F. D. Sidewalk a? X ~ = / 4-!:, S.F. C..ru.vf .rr~n 2 \. X = S.F. \ -' E. Patio/.Deck X = S.F. X S.F. F. Landscape ,30 X <j_o x I ZG'dtr = '76"' S.F. Underlain X = S.F. By Plastic X = S.F. i3e1c1~ /3 ,3 4 G. Other X = S.F. TOT AL HARDCOVER IN ZONE 'l.7 5 S.F. A TOT AL PROPERTY AREA IN ZONE 8700 S.F. B A f7S B 8700 X 100 ·-II. 21 % fBQfQSEll HARD~QVEB IN-:ZQNE A. House X -S.F. ' ----~ " ' .~, '. -Lcri~th Width X = s .. f; X = S.F. '\ .;i; = S.F. B. Garage·. X ::;:: S.F. C. Driveway X ::;:: S.F. X = S.F. D, Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Oth'er X ,::; .. S.F. TOT AL HARDCOVER IN ZONE S.F . A .. JOT AL PROPERTY AREA JN ZONE S.F .. B A ... B. X 100 = % 13 IV/1; t,. l::.Nt, HARDCOVER CALCULATION \VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0~75' · ··-· ·E~lSTING HARDCOVER IN ZONE ..... A. House ~~--'-~-x Lcnglh /)!:CK {;3o u'l.D e 12,..5 ---=3_-,,._.3....___ s-r c 12. S1t'JNe ..... ~;....._-Z~S:::,___ B. Garage L.,t~ST€P5 C. Driveway D. Sidewalk Vrll65/[)E .8 o I.It./)€£ WA i,.l,,.S X X X X X X .X X C.',t fl A C (i I I --✓-/=-, ---.-,--,--\ \, E. Patio/_Deck tAi::,.<::SI£>~ 57dtVex \JAW..S F. 1dsc e Un BY. WlrU..5 .b6 78 Uf G. Other {llCl<!k.) ~G: X . X X x_ X Width I ···•• ·cfe1c..k.,· ../---'"-'b"-O---·3 .. TOT AL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A 8 c:J0-4 + B ZOIOO I:R..OPOSED · HARDCOVER lli ZONE A. House _____ x B. Garage·. C. Driveway D. Sidewal~ E. Patio/Deck --f ,. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X. X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width A ~ B-· ____ _ 13 250-500' . 500-1000' = == = = = = = X 100 = == = = = = ;:; . ·= = = == x 100 - _Z_Z.--=8--"7 __ S.F, _/_0_4_o __ S.F. ---'Z.-.L.7 ___ S.F. ---=Z.::;...:;?=----S.F. 53? S.F. '2.o 1'175. . ... S,F. \ S.F. 78~ S.F. _ _;_Z_4,_o=---S.F. 130 __ 3_6_8=----S.F. -_,,....,..... __ S.F. q9 t,e, S.F. Zo S.F. 79 S.F. 124 lto!i S.F. ,~ . - . 8004 S.F . z;::; IO 0. S.F. .J?, ~% _____ S.F. ~---S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. ------,.-S.F. _____ S.F. ---~-S.F. _____ S.F. ________ S.F. _____ ·S.F.· _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F. ______ %· A B IJ r-,..-,. T, L--Gt-J \), 8/iS/9<o AF f"6A'.. HARDCOVER CALCULATION \VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' c§sov 500-1000' EXISTI~G H88QCQVER IN ZQ~E A. H0use X S.F .. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. \. 477, C. Driveway X == S.F. X = z.~o S.F. D. Sidewalk x· --S.F. \ \, X = S.F. '. •. .. ,.J;_. Pa_t_i9/_Deck. ___ X = S.F. X· -S.F. Wti-U., Zs F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. 5 ~ ;;;o G. -6-thff~tJt-S ~8 X I = SB S.F. TOT AL HARDCOVER IN ZONE ~75 S.F. A TOT AL PROPERTY AREA IN ZONE Z..'3_!'/::_'4 S.F. B A $7G B i94:4 X 100 = zq,7z. % fBQEQSED HARDCQV£R IN ZQNE A. House X = S.F. Length Width X = S.F. \,x . = S.F. ,, \', S.F. X = B. Garage X = S.F. .. ., ................ C. D_riveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X :; S.F. TOTAL HARDCOVER IN ZONE S.F. A TOT AL PROPERTY AREA IN ZONE S.F. B A B-X 100 = % 13 /\t 1-f-l u r.::-A L.-/:;::. IV v; r--u1v 1v,01 ✓ 1 ~ HARDCOVER CAL.CULATION WORKSHEET 6GP:OIZ-@, S/!B/1~ .... -.SET.BACK ZONE: .(CIRCLE ONE) (iii) ---~~JSJiNG HARJ)tovER IN ZONE A. ~ -----X S /-11:;l) Lenglh B. Garage . ' C. Driveway \ D. Sidewalk · ,37 ( WO<)() fT6; J} E, Patio/,Deck f. I,.~qscape Underlain By Plastic ' ... -• " . ,. 8_12,/t;l;, ---G-, Other. --'-----.........,... 13 X X X X X X ;r; :.:. X X X . X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 75-250' Width 4: . 3 .,);: /J1j: A 300 !J700 + B 1)t· PijQfQSEll HARQCQVEB lli ·,;:• Z:QNE .. ·;.··-k.··0· ·House -· X I.Cnjll) Width X X r I '' B. Garage X c. Driveway X ·.,. " X ti{ D. Sidewallc X X ·· ··-£; .. Patio/Deck X X F. Landscape X Underlain X .\),)'\";•.y By Plastic X 11\lt'· ., \~bRl{"' 0, Other X TOTAL. HARPCOYER IN ZONE. __ . TOTAL PROPERTY AREA JN ZONE A + B- 13 250-500' :::: = "' = ;, = :::: = :::: = =: = = X 100 = ::: ;.:; = = ::;:: = = ;: = = := = = = ::: X 100 = 500-1000' /4-8 ____ S.F. _____ S.F. ,--.....,..,.-,---S.F. _____ S.F: -----S.F. _____ S.F. ___ _;__ S.F. ltb-8 --..L-.L..l--'---S.F. _____ S.F. _____ S.F. _____ ··s.F. _____ S.F. _____ S.F; _____ S.F. 4 __ _e. __ -S.F.· 300 S.F. ?z70o S.F. -3 .4,5 % S.F. s.F. S.F. S.F. S.F. S.F. S.F: S.F. S.F. S.F. .. S.F .. S.F. S.F. S.F. S.F. ·S.F. S.F. % A B A B /VHI L (:;;...1;v, HARDCOVER CALCULATION WORKSHEET 'H&Fol2£ e>/1~/q8 SETBACK ZONE: (CIRCLE ONE) 0-75' _J;oISIItiG HABPCQVER IN ZONE A. House _____ x Length 3~ /0:! ·zz:. X X X ··-·· . ··4PRo,J ~. GM~e _____ _ X '--'i.l!..£:--sr~es ·5 \ C. Driveway 0e.itv-€L D. Sidewalk 1(,4-A1P ST&PS E. Pacio/_Deck 'P(~E 12.5 F. Landscape lJnderlain By Plastic It:> -' \. i X X X 4:4: X . f y clrivt> ___ ,._,,_~__,Cfc:J. y X X X Width o.b I 0,8 z ID e IZ IC.. k:. (f,C> • 3 ... -G .. Other ... .-----x l!!rJ$}t/fiffJ.rc;·~:t HARDCOVER IN ZONE. /,S TOT AL PROPERTY AREA IN ZONE A 8SS3 B ... Ze>/ 0 0 .. ___ fBQPQSf:O HARDCOVER IN ZQNE A. House _____ x B. Garage· C. Driveway D. Sidewal~ X X x· X X X X X E. Patio/Deck _____ x X f, Landscape _____ x Underlain _____ x ay .P.lastic -----X G. Other -~--~ x TOTAL HARDCOVER IN ZONE·. TOTAL PROPERTY AREA IN ZONE Width A _____ + B, ___ _ 13 250-500' 500-1000' = = = = = = = = = = X lQO = = = = = = = = ;r; 100 = · zzg7 S.F. 20 S.F. /02._ S.F. 712. S.f. 5J1 S.F. :i.o lt/16 S.F. 13'8·, S.F. 5// S.F. loo S.F. 40 7a2. .. S.F. 'l_t:>~ S.F. 4..tf-s :5i.1 S.F. ea S.F. 1.~, S.F. 18 S.F. t:tr· 855'3 S.F. Z.o, I 00 S.F. 42.55 % _____ S.F. _____ S.F. _____ S.F. _____ S.F. _____ S.F, _____ $.f. _____ S.F. _____ S.F. _____ S.F. ------'-'--S,F. _____ S.F. _____ S.F. _____ S.F. -,------S.F. ----'--S.F. A B _____ . S,F; A · _____ ·_· s;p,· .. B ______ % ,. ,I \"'.,,· HARDCOVER CALCULATION WORKSHEET OCI-Ok f: 8/it/98 SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' E~lSTING Ht\RPCQYEB IN ZONE A, House _____ x Lenz th Width B. Garage C. Driveway D. Sidewalk ' .' .• ;:-;.: ., ", .. : ~·y. : : . \ \ \ X X X X X X X -=~e_: · Patibf.Deck ·• ____ _ X F, Land~cape Underlain­ By Plastic G. Other X . X X X X TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 937 B Z944 fJ3QPQSED HARDCOVER IN ZONE A. House _____ x Le"¥l~ . ___ ,8.: .. __ Gara~~~- X X X'' ·'· . -\, ._· X . ··c;· · .. ···Driveway · _·_·-_· ___ _ x· X 0, Sidewa!lc E. Patio/Deck F. Landscape Uaderlain By Plastic G. Other X X X X X X X X TOTAL HARDCOVER IN ZONE. TOTAL PROPERTY AREA fN ZONE Width A + B. ____ _ ··-· ,_. 13 ~o-so0 500-1000' S.F. S.F. = S.F. S.F. S.F. = 477 S.F. = 2~~ .,S.F. = S.F, S.F. S.F. S.F. = 200 S.F. = S.F. S.F. = . S.f, '137 S.F. A Z-944 S.F. B X 100 = :JI. 83 % S.F, = S.F. = S.F, = S.F. = S.F. ·s.F. ·. = S.F. = S.F. = S.F. = S.F. S.F. = S.F. = S.F. = S.F, :;:: S.F. S.P, A S.F. B X 100 = % \ '-'L-1'\ I 11 l'\.Jr, IL-'\.JI ...._,,......,,, V L... I I '\.JI\ NA TUR AL ENVIRONMENTS CORP. OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK HENNEPIN COUNTY, MINNESOJ A r, -,. "' " "' " BLACKTOP ________ ,, ~ to\ oSt 0 BOULDERS\_\ ~ ••••• 0 o~~ ~\~', ' . \ ' . :f/c : \ ' o O , I 00 c;;:,o 00000 \ f ooo oooo ooo o \ / 'bo '~ ' Oo O a oo o o g I oooooo ~S: r 0 EI.Aa<TOP •·-'' ~ ... ~'J rt7.-"' ~ Ei ~ & "' (('> ~ cP~ G"~ Qf < .,+ "" ~~ ¢- l.-11r(' ¼1\1,t;, ~;--o~ ;,-----1 Kevin Kennefick 3241 Casco Circle Orono, Mn ----·---------- LANDSCAPING PLAN •:: Loco...\-i~ o~ B~\~ 0 v...,~ V' 0 ~ 1'-v\ ~ 5 ~ --1 -Stonecro p Brilliant 2 Stella De Oro 3 Edging Candi1ufl· 4 Garrlcn Phlo:< 5 Hollyhock 6 Clustered Bellflower 7 Lupine 8 9 10 II 12 13 I ◄ 15 16 17 18 19 m 21 n n ~ n m s M V u n m Gm 31 n D V M 35 ~ 36 n B D 38 39 A 7. Moonbeam Coreopsis Birdsnest Spruce Spreading Yew Pee Gee Hydrangea Japanese Red Leaf Various hosta Colorado Blue Spruce Welchi Juniper Japanese White Spirea Russian Sage Delphinium Fountain Grass F cat her Recd Grass Forsythia Siberian Iris Austrian Pine Wilton Blue Rug Crimson Pigmy Little Princess Spirea Red Carpet Stonccrop Moncywort American Compact Vibum Purple Leaf Sandchcrry Red twigged Dogwood T cchny Globe Gold Moss Stonccrop Pinkspire Crab Tree Goldmound Spirea Agle Rhododendron Crown Vetch Globcflower Charles Jolly Lilac Speedwell Carol Macke Daphne Mugho Pine Blanket Flower Shasta Painted Daisy Upright Yew D...,-arf'Wingcd Euonymus Astilbe 7 f'ITnnnri ,.,.,, .... p #I #I #I #I #I #I #I #I e 1r n 1r ~ ~ n Ir ·1r #I #I #I 3~ #I ~ e Ir · 1r #1 #1 1r 3~ 3~ 1r #I JS I~ fl #1 #1 3~ #I n ,, ·~ #I #I 3' 3~ #I Ill Ill RUN DATE 08/11/98 BATCH 511 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 43 0009 03247 CASCO CIR KURT CARLSON & WIFE KURT & LUCILLE CARLSON 3247 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0014 03235 CASCO CIR SD SILUS & EC SILUS STEPHEN SILUS & ELAINE SILUS 3235 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0050 03241 CASCO CIR KT & PA KENNEFICK KEVIN T/PATRICIA A KENNEFICK 3241,CASCO CIR WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0010 03243 CASCO CIR JAMES H RICHARDS & WIFE JAMES H RICHARDS 3243 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0015 03233 CASCO CIR D'M SPILSETH & PD SPILSETH DAVID M SPILSETH 3233 CASCO CIRCLE WAYZATA MN 55391 TOTAL BATCH 511 00007 -~ REPORT NO. PI435401 PAGE 14 38 20-117-23 43 0013 03237 CASCO CIR G NASIEDLAK & M NASIEDLAK G NASIEDLAK & M NASIEDLAK 3237 CASCO CIR WAYZATA MN ✓ 55391 38 20-117-23 43 0031 00038 ADDRESS UNASSIGNED THE CASCO CO THE CASCO COMPANY ROBERTO MACNIE 3135 CASCO CIR WAVZATA'MN 55391 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 HY KNOWLEDGE AND BELIEF R/2) /QJ Q i DATE ~Bev L1A, ~· STREET FILE 3.2LJ/ ~ {10 PERMIT RECORD PERMIT NO. DATE .. TYPE OF PERMIT '-->"l..1-./7w...l__::::::G;__ __ ___:_7_-l'-'-9~-ta...'5~_---,;l~lA~'OA~_,2,,L,=:::;:...:4;u..~~w...; 1~llwi:...L..=..· ~'} '-.f::rrf7~----- ' ~ '/.z / 7-;20,73 £c),~ ~ 7-S-~J J~ _.d-1 /Ou 5'6 /CJ C/Q ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 (#2413 Paul and Megan Benn~tt, continued) Chair Smith noted side yard and rear yard variances are needed as well. . . . . ·-. McMiUan stat~dthere were hardships that exis_t for this property . Lindquist stated he has a problem with increasing structural coverage on this property. Chair Smith commented the Planning Commission was attempting to find ways to reduce structural coverage . Bennett stated structural coverage was being increased by 450 square feet , noting the deck could be reduced somewhat. Chair Smith inquired whether the deck and kitchen could be reduced . Stoddard noted this is a substandard lot comprising of .15 acres , and recommended pursuing purchase of the tax forfeited piece of property . Stoddard stated he typically looks favorably upon applications for garages but would like to see hardcover reduced somewhat. . McMillan remarked the Applicant could consider construction of a one-car garage as an option . Schroeder stated he would be in favor of this application if the two lots were combined . Chair Smith recommended the applic::at ion be tabled . Schroeder stated it is not the Planning Commission's suggestion that you purchase the property but merely to look into the possible purchase . Stoddard concurred . Bennett agreed to tabling the application . Smith moved, Lindquist seconded, to table Application #2413, 500 Hanlon Avenue, to allow the Applicant time to submit revised plans. VOTE : Ayes 6, Nays 0. (#7) TERRY SANDERS ON BEHALF OF KEVIN KENNEFlCK, 3241 CASCO CIRCLE - CONDITIONAL USE PERMIT AND VARIANCES, 7:56 p .m . -8:07 p.m. The Certificate of Mailing and Affidavit of Publication were noted . Kevin Kennefick and Terry Sanders were present. Weinberger stated the applicants are applying for an after-the-fact variance and an after-the-fact conditional use perm it to allow the replacement of a deck on the lakeshore side of the home and land alteration within 75' of the lakeshore for landscaping and rock .. The appi icants have constructed a new deck in the same location as the previous deck with a changed footprint. The newly constructed deck requires a variance from the allowed hardcover in the 75-250' lakeshore setback . The hardcover is being reduced from 42 .5 percent to 39.8 percent. Weinberger stated the Applicants have also done some landscaping work which involved installing boulder outcroppings on a steep hill towards the lakeshore to alleviate the dangerous situation with attempting to mow the steep hill. Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 21, 1998 (#2415 Terry Sanders on behalf of Kevin Kennefick, continued) The Applicants had no comment. There were no public comments. Lindquist stated he did not have a problem with the application. Stoddard inquired why the necessary permits were not obtained before the work was commenced. Kennefick stated he had obtained numerous permits to remodel the interior of the residence but overlooked the permits for the outside work. Schroeder moved, McMillan seconded, to approve Application #2415, 3241 Casco Circle, granting of an after-the-fact variance for hardcover of 8,004 square feet within the 75-250' lakeshore setback, double application fees, and approval of an after-the-fact conditional use permit to allow boulder outcroppings and grading to occur within 75' of the lakeshore subject to no further land alteration without receiving necessary permits from the City. NO VOTE TAKEN. Chair Smith recommended adding the stipulation that no further hardcover would be allowed in the future on the property. Lindquist concurred. Kennefick inquired whether he would be able to trade hardcover in the future, noting he has attempted to reduce hardcover. McMillan remarked no additional hardcover would be allowed. Schroeder moved, McMillan seconded, to amend the motion to include the stipulation that no new hardcover would be allowed in the 75-250' lakeshore setback. VOTE: Ayes 6, Nays 0. (#8) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD -VARIANCE, 8:07 p.m. -8:11 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Robert Lund on behalf of the Newmans was present. Weinberger stated the applicants have proposed to construct an addition to the new residence and a pool terrace on the property meeting all yard requirements. A variance is required from the average lakeshore setback requirement for these structures. The Applicants received variances from the average lakeshore setback and hardcover to construct a new residence in 1997, and are requesting to maintain the 26. 7 percent hardcover allowed in the 0-75' setbacak although the site plan has changed. They have reduced the driveway and have added a pool. Robert Lund had no comment. There were no public comments. Chair Smith stated she was okay with the application. Page 8 CITY of ORONO Municipal Offices Street Add ress: Mailing Address: 2750 Kelley Parkway Orono, MN 55356 VARIANCES AND CONDITIONAL USE PERMIT Notice of Public Hearing File# 2415 Date: September 10, 1998 P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to send mailed notice to all property owners within 350' of the property located at 3241 Casco Circle. The property owner(s) have applied for one or more after-the-fact variances to the Zoning Code to allow landscaping and hardcover within the lakeshore setback. The Planning Commission will hold a pubic hearing on: September 21, 1998 at 6:30 p.m. in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota. Any party may appear at the hearing in person, by agent or attorney. A draft copy of the Planning Commission agenda is enclosed. The Planning Commission is advisory to the City Council. For further information, please call Paul Weinberger at 473-7357. The proposed plans are available for review by appointment. Paul Weinberger Assistant Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 CERTIFICATE OF SURVEY FOR NATURAL ENVIRONME:NTS CORP. OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK \ \ 0 .,,. '-" 0 c:, HENNEPIN COUNTY, MINNESOTA 0 ..,, " ' "' \ \ (:1.f-(' Legal Descripllan lots 16 & 17, SPRING PARK; ALSO, all that,part of vacated Lake Shore Avenue and the tract of land lying between said vacated f\venue and Lake Minnetonka 'M11ch fie between the easterly extensions of the northerly line of said lot 16 and the southerly line of said Lot 17 This survey intends to show·the bOUndorieil of the Clbove described prop­ erty, ·and the location of on existing house, garage and shed thereon, and the location of oH existing visible "hardcover" the(eon. lt does not purport to show ony other improvements or encroachments. Bearings shown ore based upon on os!!lumed dotUm. o : denotes iron marker set • : denotes iron marker found ¼,vi\. ~l'o/\4 q--1 ------- s,:I~~,~ g:.. 0 p~ -·· 3;~ gi!~ u~i -~· ,,2~~ .;;~f ~ ~; ~ =3!• g~~~ ►iii>~ \i1;;; .., a, I ~ :g §I~~ •il ~~~; [~ § I ~ i 2§ i ~ dlli~ ~~L ~HI t:i::: t:I" c:.:, \l''t ~ ;;~ ~d i:;... i>-0 N u . !l! ;! 11 Ii )~: '"'-~ ~! l -~~ • • "f' ,... __ ?:~r ~~ C\l ~~' CERTIFICATE OF MAILING STATE OF :MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #2415, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 11th day of September, 1998. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473- 0510 The Planning Commission will hold pub li c hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 21, 1998 , beg i nning at 6:30 p .m . on the matter of reviewing the following land use app lications: 1. #2414 Randy and Marie Staffanson , 1422 Park Drive , request a hardcover and side yard var iance to rep lace a garage destroyed by f i re with a new garage approximately 3' greater in height than the previous garage . 2. #2399 Muriel Senn. 4448 North Shore Dri .ve , requests multiple variances to add to an existing residence . 3 . #2411 Paul Hanssen, 3195 Casco Circle , requests a variance and a conditional use permit to replace a deck and foundation in the lakeshore setback . 4 . #2413 Paul and Megan Bennett , 500 Hanlon Avenue, request multiple variances to add a garage to an existing residence. 5. #241 8 Robert Lund on behalf of Graydon and Michelle Newman , 1655 Sohns Point Road , requests an average lakesho re setback variance to construct a new residence . 6. #2419 Robert Lund on behalf of William and Anastas ia Hoeft, 1725 Sohns Point. Road , requests an average lakeshore setback variance to construct a new res idence. 7. #2420 Robert Ryan, Jr., 3535 Christine Drive, requests a variance to the he ight requirements of 30 feet to allow a 90 foot wind powered gene r ator to be constructed on the property. 8. #2415 Terry Sande rs on behall of Kevin Kennefick, 3241 Casco Circle, requests a conditional use permit and variances for land alteration in the 0-75' and hardcover in the 0-250' setbacks. All persons wishing to be heard are encouraged to attend this meeting. Written comments are ·solicited . Plans are available in the C ity Offices for rev iew , by appointment. Fo r an appointment , call 473 -7357 . City of Orono By : Planning Commission Elizabeth Van Zomeren City Planner/Zon ing Adm inistrator (Publ ished 'i n The Laker and Pioneer Sept. 5 , 1998) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER,, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has 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. B.)Theprinted Land Use Aoplicatiaos which is attached was cut from the columns of said newspaper, and was printed and published once each week for ~~-successive weeks: It was first published Saturday the 5 day of September 19.9.B-, and was thereafter printed and published every · Saturday, to and including Saturday, the ___ day of __ il:,_· __ 1/._l 1 _ //19--~ -~t~Agent Subscribed and sworn to me on this 5 By: (1) Lowest classified rate paid by commercial users for comparable space: $12.90 per inch. (2) Maximum rate allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week: $5.14. CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION August 27, 1998 Terry Sanders 1110 Evergreen Lane North Plymouth, MN 55441 Re: Application #2415 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 City Staff has reviewed your application for property located at 3241 Casco Circle North, Orono. The property owners are Kevin and Pat Kennefick. The following variance is needed: 1. Hardcover within 0-75' of the lake A Conditional Use Permit is also required if any change in the grade has occured within 75' of the lake. We are requesting the following information to complete your application. 1. The survey to show the location of homes on adjacent properties 2. Site topographic survey -Site contours The above requested information is required by September 10, 1998 to remain on the agenda. Please call me at 473-7357 should you have any questions. Sincerely, Paul Weinberger Assistant Zoning Administrator Telephone (61.2) 47'3-7357 • FAX 473-0510 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P,O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a 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 pennit or license. 3. The information may be shared with other local, state or federal agencies to extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Terry Vern Sanders First Middle Last 1110 Evergreen Lane NS. Address Plymouth MN 55441 544-8002 City State Zip Phone I understand my rights as stated above. «-~L1=-Signature Telephone (612) 47'3-7357 • FAX 473-0510 8 Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and ( d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or property tax refund instructions instead of on those forms. Subd. 3. Access to data by individual. Upon request to a responsible authority, an individual shall be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon his further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies. The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. Subd. 4. Procedure when data is not accurate or complete. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. The determination of the responsible authority may be appealed pursuant to the provisions of the administrative procedure act relating to contested cases. 9 Legal Names of Interested Parties Names Kevin Thomas Kennefick Patricia Ann Kennefick Applicant Natural Environments Corporation Terrance Vern Sanders Interest Owner Owner President Marital Status Married Married Single OF LOTS CERTIFICATE OF SURVEY FOR 1 NATURAL ENVIRONMENTS CORP t6 & 17 AND VACA TED STREET, SPRING HENNEPIN COUNTY, MINNESOTA PAR:K \ \ \ \ ' Legal Description Lots 16 & 17, SPRUNG PARK; ALSO, all that part of vacated Lake Shore Avenue and the tract of land lyirng between said·vacated Avenue and Lake Minnetonka which lie · · between the easterrly extensions of the northerly line of said Lot 16 and the southerly line of said Lot 17. This survey intendJs to show the boundaries of the above described propertw and the existing house thereon. It does not purpo,rt to st1ow any other improvements or encroachments. Bearings shown are based upon on assumed datum. a denotes iron marker set • denotes kon marker found _Jlloti,: T_hi.s drql'lingi is a "before" drawing, based upon owner' s recolletions and pictures suppllied to us. This is for comparison purposes only . ,✓.- g ~ w a w I­ < a OF LOTS CERTIFICATE OF SURVEY FOR NA TUR AL ENVIRONMENTS CORP. 16 & 17 HENNEPIN VACA TED STREET, AND COUNTY, MINNESOTA SPRING Legal Description PARK \ \ \\\ \ \ \ \. \ ., . \ Lots 16 & 17, SPRING PARK; ALSO, all that,part of vacated Lake Shore Avenue and the tract of land lying between said vacated Avenue and Lake Minnetonka which lie between the easterly extensions of the north~rly line of said Lot 16 and the southerly line of said Lot 17. . This survey intends to show · the boundaries of the above described prop­ erty, and the location of on existing house, garage and shed thereon, and the location of all existing visible "hardcover" thereon. It does· not purport to show any other improvements or encroachments. Bearings shown ore based upon an assumed dotJm. o denotes iron marker set • denotes iron marker found \ \ \ \ \ \ I \ I w f­< 0 c..S z - ci ~ zn n CD I 0 (X) -, a, ~ < 0