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
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CERTIFICATE OF SURVEY FOR 1 i
NATURAL ENVIRONMENTS CORP.: ;•\·,
16. & · 17 AND VACA TED STREET, .. SPRING
HENNEPIN COUNTY, MINNESOTA
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Legal Description
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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
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CERTIFICATE OF SURVEY FOR
NA TUR AL ENVIRONM~NTS CORP.
OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK
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HENNEPIN COUNTY, MINNESOTA
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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.
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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
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~o-so0 500-1000'
S.F.
S.F.
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S.F.
S.F.
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= 2~~ .,S.F.
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Z-944 S.F. B
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X 100 = %
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NA TUR AL ENVIRONMENTS CORP.
OF LOTS 16 & 17 AND VACATED STREET, SPRING PARK
HENNEPIN COUNTY, MINNESOJ A
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Kevin Kennefick
3241 Casco Circle
Orono, Mn
----·----------
LANDSCAPING PLAN
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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
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Ill
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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~-----
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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
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HENNEPIN COUNTY, MINNESOTA
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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
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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
. ,✓.-
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OF LOTS
CERTIFICATE OF SURVEY FOR
NA TUR AL ENVIRONMENTS CORP.
16 & 17
HENNEPIN
VACA TED STREET, AND
COUNTY, MINNESOTA
SPRING
Legal Description
PARK
\
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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
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