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HomeMy WebLinkAboutProject PacketMINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 26, 2004 7:00 o'clock p.m. 7. #04-2993 CHRIS VALERIUS AND PHIL FISK, 2377 SHADYWOOD ROAD-Continued Mayor Peterson confirmed among the Council that request 3, the north side setback request was not a problem . She continued, aclmowledging that item 4, the hardcover request, would be unnecessary since the drive-through was moot. Finally, item 5, although some of the Council members questioned the City 's responsibility to other businesses versus free enterprise, seemed acceptable. Cox agreed that everyone deserves a chance to have a business; however, objected to granting the potential business owners variances to do so. Based on 19 years experience in the business, Fisk stated that they were well aware of what it takes to succeed and were not concerned about the level of risk or the economy. McMillan reiterated her concern about adequate parking. Fisk suggested signage be incorporated at a later date which encourages the park and ride users to park along the back row. Mayor Peterson moved, Sansevere seconded, to adopt Resolution No. 5160 approving the Commercial Site Plan Review in order to obtain a building permit to construct an addition to the existing building and to convert it from residential use to commercial use; to approve the CUP to operate a coffee shop/bakery/restaurant; to deny the hardcover variance for 56% hardcover; to approve the building setback variance of 24'; and to deny the parking setback variance to allow the drive-through lane and parking spaces to be located within the required 30' rear yard and within the required 20 ' front yard for the property at 2377 Shadywood Road. VOTE: Ayes 3, Nays 2. 8. #04-2977 MIKE KEAVENY ON BEHALF OF RICHARD M. KEAVENY REV. TRUST, 3425 SHORELINE DRIVE -CONDITIONAL USE PERMIT, COMMERCIAL SITE PLAN REVIEW, VARIANCES -RESOLUTION NO. 5161 Although the applicant could not be present, Moorse relayed his wish for action on the item. White moved, Sansevere seconded, to adopt RESOLUTION NO. 5161, a Resolution denying the request for a CUP approval for a Class II restaurant, commercial site plan review, and associated variances. VOTE: Ayes 5, Nays 0. Murphy stated that Mr. Keaveny had asked the Planning Commission to provide him with a list of businesses he could put in his building , which the Planning Commission supplied him with based on zoning code. *9. #04-2999 GEORGE AND MARIL Y MILEUSNIC, 3243 CASCO CIRCLE - VARIANCES -RESOLUTION NO. 5162 Murphy moved, White seconded, to adopt RESOLUTION NO. 5162, a Resolution granting a hardcover variance in order to rebuild their 483 s.f. deck which is rotted and to add a screened porch beneath the new deck at 3243 Casco Circle. VOTE: Ayes 5, Nays 0. PAGE 8 of 12 NEW BUSINESS MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY , APRIL 19, 2004 6:00 o'clock p.m . 6. #04-2999 GEORGE AND MARILYN MILEUSNIC, 3243 CASCO CIRCLE, VARIAN CE, PUBLIC HEARING (9:20-9:25 p.m.) George and Marilyn Mileusnic, applicants , were present. Curtis introduced the application requesting a hardcover variance in order to rebuild the 483 s.f. deck which is rotted and to add a screened porch beneath the new deck. The property is located in the LR- 1 C, Single Family Lakeshore Residential district, ½ acre minimum. She stated the applicants are requesting a hardcover variance for the 75 '-250' setback zone, noting that the deck reconstruction and the addition of the proposed screen porch would not increase hardcover or structural coverage as it currently exists. Curtis explained that the cun-ent deck is located in the average lakeshore setback from the neighboring deck setbacks. With the proposal to screen in the area beneath the porch the average setback would be measured from the neighboring houses rather than the decks, causing the deck/porch to be slightly ahead of the average setback. However, due to the topography of the lots and setback from Lake Minnetonka, the deck affects no lake views . Curtis referred to photos 2 through 5 for illustrations of the neighboring lake views. Curtis recommended approval of the requested hardcover variance as the deck exists currently and the applicants are requesting to replace it in kind, there is a hardship to justify the variance. The variance is requested to maintain the square footage that currently exists and to be able to repair the rotted deck. Also, she noted the proposed deck would meet the average lakeshore setback. Curtis stated the request is for a hardcover variance of 31.05% where 25% is normally allowed and 31.05% currently exists . Further, neighboring lake views are not affected by the proposal, she recommended granting the average lakeshore setback to allow the screened porch to be built under the deck. Curtis also recommended a stipulation to remove all of the fabric and plastic liners in landscape beds that account for about 1 % of the hardcover. Ms . Mileusnic commented that the deck needs repairs as it is not up to Code and that both neighbors on either side are thrilled the deck is being repaired. Rahn observed this application is an example of the on-going discussion about decks as hardcover or not. He recommended this should be a matter for further discussion with the Planning Commissioners and staff to finally determine whether or how decks should be considered in the hardcover calculations . Kempf noted he viewed the property, realizing that crushed rock is going to be replaced with concrete for the deck. He concluded that the deck is hardcover when compared to greenspace that is visually more attractive. Chair Mabusth commented that one might argue that a properly spaced deck is even better; but that the City takes the position that a deck is 100% hardcover. Page 31 of 49 MINUTES OF THE ORONO PLANNING COMMISSION MEETING MONDAY, APRIL 19, 2004 6:00 o'clock p.m. (6. #04-2999 GEORGE AND MARILYN MILEUSNIC, 3243 CASCO CIRCLE, VARIAN CE -Continued) Kempf mentioned that the site is a steep lot and the landscaping and sidewalk widths were very appropriate to minimize run-off toward the lakeshore and the hardcover percentage seems appropriate. Chair Mabusth inquired if there were additional comments. There were none. Chair Mabusth moved, to recommend approval of Application #04-2999, George and Marilyn Mileusnic, 3243 Casco Circle, granting a hardcover variance of 31.05% where 25% is normally allowed and 31.05% currently exists to rebuild their 483 s.f. rotted deck and to add a screened porch beneath the new deck with the stipulation that the applicants remove all plastic and fabric liners in landscape beds, understanding there will be a very slight encroachment of the average lakeshore setback as measured from the principal structures. Curtis advised that it was very difficult to measure the amount of encroachment into the average lakeshore setback, as it was virtually undetectable from the neighboring properties. Mr. Mileusnic pointed out the neighbors had signed the Adjacent Property Owners Acknowledge Form. Chair Mabusth indicated the information was in the Planning Commission agenda packet. Kempf asked for clarification if the motion included the stipulation for removal of landscape fabric and plastic liners. Chair Mabusth responded she had moved the motion according to staff recommendation that included the landscape fabric and plastic liners removal stipulation. She asked when the applicants are asked to remove this material. Staff replied the applicants are asked to remove it at the footing inspection. Rahn seconded the motion. VOTE: Ayes 7, Nays 0. 7. #04-3001 STEVEN AND MARCIA TIFFANY, 1325 REST POINT LANE, VARIANCE, PUBLIC HEARING (9:25-9:35 p.m.) Steven and Marcia Tiffany, applicants, were present. Curtis presented the applicants' request for variances for lot area, lot width and side street setback from an alley right-of-way in order to build a new, geodesic dome, single family residence. She referred to her revised report that she distributed to correct errors in the Planning Commission agenda packet reports. Curtis reported the subject property is .35 acre in area where 1.0 acre is required, 75' in width where 100' is required and setback is 29' where 35' is required. The applicants are also requesting a 6' variance from the required 35' required side street setback, due to a platted right-of-way along the Page 32 of 49 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 TO: George & Marilyn Mileusnic 3243 Casco Circle Wayzata, MN 55391 ZONING FILE 04-2999 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 27, 2004 COPIES: TYPE OF APPLICATION: Variances-Hardcover & Average Lakeshore Setback DATE OF MEETING: April 26, 2004 VOTE: 5 FOR 0 AGAINST 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 pem1it must be obtained no later than April 26, 2005. 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. If you have questions please call Melanie Curtis, City Plaimer, at 952.249.4627. Date Application Received: 03-08-04 Date Application Considered as Complete: 03-25-04 60-Day Review Period Expires: 05-25-04 REQUEST FOR COUNCIL ACTION Department Approval: Name: Melanie Curtis ~0 Title: City Planner Item Description: Administrator Approval: Date: April 21, 2004 Item No Agenda Section: Zoning #04-2999 -George & Marilyn Mileusnic, 3243 Casco Circle -Variances -Resolution Zoning District: Lot Area: List of Exhibits: LR-IC, Single Family Lakeshore Residential,½ acre 15,741 s.f. (0.36 acre) A -Resolution per Planning Commission Recommendation B -PC Action Notice 04-20-04 C -PC Memo & Exhibits as of 04-19-04 Application Summary: The applicants are requesting a hardcover variance in order to rebuild their 483 s.f. deck which is rotted and to add a screened porch beneath the new deck. The application consists of the following: Hardcover variance of 30% where 25% is normally allowed and 30%* currently exists. * after the exclusion of fabric and plastic landscape liners. Planning Commission Recommendation On April 29, 2004, Planning Commission voted 7-0 to recommend approval of the hardcover variance for hardcover in the 75'-250' zone of 30% where 25% is normally allowed and an average lake shore setback variance for replacement of their existing deck and construction of a screen porch beneath the new deck. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 SUBDIVISION B AND SECTION 78-1279 SUBDIVISION 6 FILE NO. 04-2999 WHEREAS, George E. Mileusnic and Marilyn K. Mileusnic, husband and wife (hereinafter "the applicants") are the owners of the property located at 3243 Casco Circle within the City of Orono (hereinafter the "City") and legally described as follows: Lot 15, Spring Park, also all the land, including the vacated highway, lying between the front or easterly line of said lot and the shore of Lake Minnetonka, and between the northerly and southerly lines of said Lot 15 extended to said lake shore, and being part of Government Lot 6, Section 20, Township 117, Range 23, and also indicated on the plat of said Spring Park, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow reconstruction of an existing deck with the addition of a screen porch below, in front of the average lakeshore setback; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow hardcover within the 75'-250' zone in excess of 25% in order to rebuild an existing deck. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2999. Page 1 of 5 2. The property is located in the LR-lC Single Family Lakeshore Residential District, which requires a minimum lot area of 21,780 s.f. (0.5 acre). 3. The Planning Commission reviewed this application at a public hearing held on April 19, 2004 and recommended approval of variances based on the following findings: a. Due to the topography of the lots the lake views enjoyed by neighboring property owners will be unaffected by the deck and screen porch. b. Due to the topography, views from the lake of the deck and screen porch will be minimal. c. The proposal will not have a negative impact on light, air or open space in the neighborhood. d. A hardcover variance in the 75'-250' zone is supported by the following hardship: 1. The existing deck is rotted and needs to be replaced for safety purposes. 11. Hardcover is proposed to be reduced on the property from the current level in the 75'-250' zone of 31.05% to 30%. There is no additional hardcover that can be reasonably removed. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 and 78-1288 Subdivision B to allow the reconstruction of an existing deck with screen porch beneath in front of the average lakeshore setback and to allow the hardcover level within the 75 '-250' setback up to 30% subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 4.86%. Hardcover in the 75-250' zone shall be limited to 3,403.5 s.f. or 30% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by the footing inspection. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 26, 2005). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' 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 the 26 th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Property Owner( s) STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 26 th day of April, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ____ , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this _ day of _____ , 2004 by George E. Mileusnic, husband of Marilyn K. Mileusnic. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2004 by Marilyn K. Mileusnic, wife of George E. Mileusnic. Notary Public Page 5 of 5 ;. Lui 15, Spring Parle, also all !he land, including !he vacalcd highway, lying between !he front or easterly line of said lot and the shore of Lake Minnetonka, and between !he northerly and southerly lines of said Lot 15 extended lo said lake shore, and being part of Government Loi 6, Section 20, Township 117, Range 23, and also indicated on the plat of said Spring Parle, according to the recorded p_lat thereof, Hennepin County, Minnesota · \Co ,,, \ \ EXHIBL ._J BM- □= WOOO STAKE PLACED BEARINGS ON ASSUME□ OATUM f:,(.£1 = /<ETfliNl~'JWRl( /!.eVI fli"r.:J f'ePT, I01lf)O "3 ~vlff.o 5ePr; e ,201>"3 ·J = •RON MON. SET ?ROPOSEO INFORMATION ____ 1ST FLOOR ELEV. ____ 9ASEMENT ELEV. •= IRCN MON. iNPLACE ----~~~~~'El.Ev. 'o3.P +-,.;DRAINAGE 000.0 = EXIST. EL.."'V. iGOO.Ol = PROPOSE□ El.EV. :JOO.O • EXIST. ,1 PROP. Ell:. -CG. Rd. 1351! ~Cealm.MH~ I het9Cy C8l'!lfy tt111tthis canillc:1IIII of •UMl'f ._.~try me ~~,qi.tip a duty R~ I.and 01111t J'efl: { 1 ?a7J RllglSU'lltion No. 14700 tosc/00 • BOOK-?AGc 58-22: SC,\lE l ✓'.::Z'O, -: ZONING FILE 04-2999 CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: April 20, 2004 TO: George & Marilyn Mileusnic 3243 Casco Circle Wayzata, MN 55391 TYPE OF REQUEST: Variances COPIES: DATE OF MEETING: April 19, 2004 Planning Commission recommended as follows: Approval of the hardcover and average lakeshore setback variances as requested in order to reconstruct the existing lakeside deck and construct a screen porch beneath that deck. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council-Monday, April 26, 2004; Meeting starts at 7:00 pm 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. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FILE #04-2999 13 April 2004 Page 1 of 4 Date Application Received: 03-08-04 Date Application Considered as Complete: 03-25-04 60-Day Review Period Expires: 05-25-04 To: From: Date: Subject: Chair Mabusth and Planning Commission Members Ron Moorse, City Administrator Melanie Curtis, City Planner 'W{l April 13, 2004 04-2999, George & Marilyn Mileusnic, 3243 Casco Circle -Variance -public hearing Zoning District: Lot Area: LR-1 C, Single Family Lakeshore Residential, ½ acre minimum 0.361 acre (15,741 s.f.) Application Summary: The applicants are requesting a hardcover variance in order to rebuild their 483 s.f. deck which is rotted and to add a screened porch beneath the new deck. The application consists of the following: Hardcover variance of 31.05 % where 25% is normally allowed and 31.05% currently exists. Staff Recommendation: Planning department staff recommends approval of the variance as requested with the following stipulations: ► Removal of all fabric and plastic in landscape beds. Hardship: The deck as it currently exists constitutes hardcover in excess of 25%, there is a hardship to allow the applicants a variance to rebuild their existing deck. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits A. Application B. Hardship Documentation Form C. Survey/Site Plan D. Submitted Hardcover Calculations E. Photos F. Property Owners List G. Plat Map 1 Background FILE #04-2999 13 April 2004 Page 2 of 4 George and Marilyn Mileusnic own the property at 3243 Casco Circle. The existing deck is rotted and the applicants feel that for safety reasons it should be replaced. The applicants would also like to screen in the area beneath the deck for a screen porch. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 15,840 s.f. (0.36 acre) 60' Setbacks: LR-lC Required Existing Proposed Rear 30' 1' -Garage No change North Side 10' 12' -Deck No change South Side 10' 14.5' -Deck No change Lakeshore 75' 110' No change Average Lakeshore Not affected Structural Coverage: Total Lot Area Total Structural Coverage 15,840 s.f. (0.36 acre) Allowed: 2,376 s.f. (15%) Proposed: 2,386 s.f. (15.1 %) 2 FILE #04-2999 13 April 2004 Page 3 of 4 Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 219 s.f.* 219 s.f. 0-75 0 s.f (4.86 %) (4.86 %) 4,500 s.f. (0%) Allowed: stairs to Allowed: stairs to lakeshore lakeshore 75 250 11,340 s.f. 2,835 s.f. 3,403.5 s.f. * 3,403.5 s.f. (25%) (30 %) (30 %) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicants are requesting a hardcover variance for the 75' -250' setback zone. The hardcover variance is required in order to replace their existing lakeside deck as it is rotted and they feel it is unsafe. While replacing this deck the applicants are also requesting a permit to construct a screened porch under the structure of the deck. The reconstruction of the deck with the addition of the proposed screen porch would not increase hardcover or structural coverage as it currently exists. Average Lakeshore Setback The proposed deck will meet the average lakeshore setback from the neighboring deck setbacks. With the applicants' proposal to screen in the area beneath the porch the average setback would be measured from the neighboring houses rather than the decks, causing the deck/porch to be ahead of the average setback slightly. However, due to the topography of the lots and the setback from Lake Minnetonka, this slight encroachment into the average setback is virtually undetectable from the neighboring properties. Please refer to photos 2 through 5 for illustrations of the neighboring lake views. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that because the deck is exists currently and the applicants have merely asked to replace it in kind, there is a hardship to justify the variance. The applicants are requesting a variance in order to maintain the square footage that currently exists and to be able to repair their rotted deck. 3 Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation FILE #04-2999 13 April 2004 Page 4 of 4 Planning Staff recommends approval of the variance as requested provided the applicants remove all plastic and fabric liners in landscape beds. 4 City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323--0066 Application # () L1 --2 uf l1Cl Date Received: ()~ I Si I 0·4- Amount Paid:db ( oDlJ· o1l staff: M fl\ tt-✓'"""'v,......,1 ii,....__ __ _ Fee: ·ssoo. ---------Rene,.val: $300 --'----c:,~.,.....,.....,:::--------f After-the-fact: $1,200 Double Fee 1~ This application form must be completed in full. Api:;:icant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: /1 Site Address: ;~,;;J 4 ?> \,_CsoC:O Property Identification Number (PIN): -:20 ll 7 J3 4 ~ uO \ Q (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): J / o 3, □ Yes, I own the adjacent parcels. Present use of property: ~ Residential r □ Other _________________ _ Zoning District: ._1' ...... l"'-----"\-~ .... ,,"--· ____ _ APPLICAJ~T INFORMATION: (Complete legal na:-:-:es and marital status required for each interested party) Name: (/Jttx-3 e-. ffi~ \c c~S::(h-__, Phone (home)::: ~·s;) -7 . -;' ~ . Phone (work): (c; \a -·=:it:Jct . d 7 8'5 Address: o4. "5 -· Email: jrffiltuSyJic @ mcJ1S'1 , c:o((l Fax: OWNER INFORMATION: ( omplete legal names a~d marital status required for each interested party) Name: f f, u " ' -e Phone (home t ----\,-~'---~~~....,.......--.._.__ q s 3) -d 57 -gn I 0 Address: Email: --';,+JL-~ ............................... ~-~~-~~ .......... ~----Fax: DESCRI Estimated Project Cost: $ ----Desc,ribe the request in detail (attach additional sheets if necessary): I cia ~ REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre-Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List -owners within 150' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finc:)nce, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910 □ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Completed hardcover calculation worksheets (as provided within the variance packet). □ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11" or 11" x 17" for reproduction. □ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17"). □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT'S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Applicant's Signature: c~l\r\bL:::Y)'.\ 71\ ·. LQ_u.-~0 Date: Applicant's Signature: 7f'" Date: ---------------- ~/, {of OWNER'S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. ·c__~1 ·~ l ~-I r Owner's Signature: cLft i. -r" ~(1·, J UJ::1\1 ..) Date: 4 \ 17 ~'c:;:j Owner's Signature: Date: ------'------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally 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 representative attend in place of the applicant and advise the City Planner assigned to your project. City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 Fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 For Office Use Only: City Planner: Meeting Date/Time: PC Date: What is the purpose of a pre-application meeting? 4 hAvfan1{; Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: /b , Site Address: 3:;) 4=:s '-.__6,~cu c~re!,\G Property Identification yumber (PIN): ,..;;uJ ill ;;)3 i ~ co, O Zoning District: k ~ \ C 1 Size of Property: {_po ,X ,>2 4 t:. 3 DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Front Yard Setback !;isl, Hardcover □ Lot Coverage □ Lot Area □ Lot Width □ Other: Applicanf s HARDSHIP: Applicant has received the Hardship Documentation Form, Initials: rn,ijf\t understands it as it has been explained to them, and is aware that it must --'-----be completed and submitted in conjunction with their formal variance application. O§~f;MAT~;~ (~cit\\x~o~~~~;r0~ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signatu'11(T ji, (l,Vl,-MJ o I .I Date: .,.,~I--"/ l-1-'0""-!-t-__ _ I l ' Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1'. / 3.' "The variance, if granted, will not alter the essential character of the locality." ~~UJk~ t~e~w~~\~~JJ~ £7;=<==34~e ciC .. :£ts =~s OJrJd ,~ 0..00 ~ cu , "Economic Udonsiderations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." fl} i 5. 6. 7. 8. 9. 10. 11. Page 2 of3 "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." NA "The Board or Council may permit as a variance the temporary use of a ~Afamily dwelling as a two-family dwelling." "The special conditions applying to the structure or land in question are peculiar to ~lJch property, or immediately adjoining property.; ~P. f~:~te,~ ~"'± ~n\, ,~~ ,~'oc\ !' ~ "The conditions do not apply generally to other land or structures in the district in which said land is located." ,.,,_ . } Page 3 of 3 12. "The granting of such variance will not merely serve as a convenience to the ~t, but is n~~~ssary to alle~iate demo;strable ~,ardship or ~ifficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. lfu,d,~ 1<~~ Last Address 'l\ rcs:J'.\ o (V1n . City State I understand my rights as stat,ad above. C.----~1X-~\w/)f\ ~. Lt_~,:~ Signature ~ • ~:es~ -t/-s J · )51) 7 a Phone Sec.13.04 RIGHTS OF SUBJECTS OF DATA Subdivision 1. Type of data. The rights of individual on whom the data is stored or to be stored shall be as set forth in this section. · Subd. 2. Information required to be given individual. An individual asked to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer. The commissioner of revenue may place the notice required under this subdivision in the individual income tax or 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. '/ ' ;, 8M:ftS"rr e, Loi 15, Spring Park, also all the land, including the vacated highway, lying between the front or easterly line ofaaid lot and the shore of Lake Minnctooka, aod between the northerly and southerly lines of said Lot 15 extended to said lake shore, and being part of Government Lot 6, Section 20, ToWD8hip I 17, Range 23, and also indicated on the plat of said Spring Park, according to the recorded p_lat thereof; Hennepin County, Minnesota · \~ ,,, \ \ BM- C!"' WOOO STAKE PLACED BEARINGS ON ASSUMED DATUM ew = RE7niN1·, .. 11;wnt( f!e~r; /l)1ll)O '3 e r>r,__ _JJ ,2. o <> 3 J = 1RON MON. SET ?ROPOSEDINFORMATION ____ 1ST FLOOR ELEV. ____ '3AS.EMENT ELEV. .,. IRON MCN. iNPLAC:i:. ----~~~~~IELE•I :Y' -t--= DRAINAGE 000.0 = EXIST. EL....0:V. (000.0l = PROPOSED El.EV. :J00.0 • exisl'. & PROP. ELEV. I hllflllly cwtJfy tllat tnis cartiffcml of swvey -Pf'8l"ll'lld by me ~anc:t,Qlatl ~ o.nca.MN 553::211 1oaia: Jeff, f 1?a7J Reg,stnman No. 1-4700 ,........__, toso~00 • BCOK-?AGE ,e-zz: SCALE / ''-=-ZO, ~it.f-1) .tlAI.Wl-U v EK CALt..:uLAuu&.llliE 1 SETBACK ZONE: {CIRCLE ONE) 0-75' . . 75-250' 250-500' 500-1000' E}t1STffiG HARD~OVER IN ZONE A. House X· = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk /~ -2/9 S.F. X -= X = S.F. X = S.F. ·K = S.F. ··~:;:, .... -:.,,..,,.11,_::,,_.:,. ':" _, __ '''ll . . 'F." Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Other X = S:F. TOTAL HARDCOVER IN ZONE -z I q S.F. A TOTAL PROPERTY AREA IN ZONE LI <:VO S.F. B A 2 / fj_ -'-B 4~00 X 100 ~:/. ~6. % A B X 100 = % PROPOSED HARDCOVER IN l;ONE A. House X = ·S.F. Length Width X = S.F. X = S.F. X = 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. f3o~LOF/4-30 ~o G. Other ~/).). X = S.F. TOTAL HARDCOVER~ ZONE 279 S.F. A TOT AL PROPERTY AREA IN ZONE 4S-tJO S.F. B A '2,7:J + B 4900 X 100 C< 6. z. % ~' · -· ·:-"' .(,· !! .... , ·" ! Ii I f}' D {to= _,/HARDCOVER CALCULATl~.t~WORKSHE~ _/ SETBACKZONE: (cm.CLEONE) 0-75' _ ~ 250-500' 500-1000' EXISTING HARDCOVER IN ZONE . _ 1 A. House 43. 6 x '2 °/. 4- Length Width - /0 I b X 3i:;;' 3 2,) X 6 {)ect: £! fr::pf 34. c, x 74 . B. Garage C. Driveway D. Sidewalk ftt() J 3 O«J k E. Patio/Deck C I /2. c.//l. f"Te p . F. Landscape P U) Underlain (2 tJ) ByP~c{cll./ G. Other pocK /2J!!.. -2 4 X 20 /?; i Iv ntxr Noc,, r X /2 X ~Z5 X 70 /0 X X 4/3 -· . -- X 15q X I .7 X 4/ X /{) 4 7 I I = = = = = TOT AL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 3 f2/, t: -'-B A _________ '"'" B // 3 40 X 100 = _____ xlOO = PROPOSED HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck X X X X X X X X X X X F. Landscape . -----X -Underlain ' _____ x By Plastic _____ x G. Other _____ x TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B = Width = = = = = = = = = = X 100 = ----- /{)LO, Z S.F. 3 6"4. ~ S.F. -/fl. Cf S.F. 4-8.3., S.F. 190 S.F. 4-() S.F. S.F. /2tJ S.F. 360 S.F. Zt'O 7tJ S.F. L,7 S.F. ------··- 48 S.F. /6 Cj' S.F. It'-I S.F. 41 S.F. 1t2/. ~ S.F. L 4cJ. 0 S.F. % ""3/,QS-% _____ S.F. _____ S.F. _____ S.F. _____ S.F. S.F. ----- _____ S.F. S.F. ----- ' ... ,: '•(i,~· '·•-:!:._ S;F~ S'.F. S.F. S.F. S.F. S.F. S.F. S.F. % .. . r· A B A B RUN DA TE: 3/18/2004 38 2011723430008 PROP ADDR 3249 CASCO CIR OWNER NAME R G LUESSE ET AL TAXPAYER ROBERT LUESSE NAME/ADDR 3249 CASCO CIR WAYZATA MN 55391 38 2011723430013 PROP ADDR 3237 CASCO CIR OWNER NAME JULIAN HOOK & PEGGY R HOOK TAXPAYER JULIAN & PEGGY HOOK NAME/ADDR 15250WAYZATABLVD #107 WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723430009 PROP ADDR 3247 CASCO CIR OWNER NAME KURT CARLSON & WIFE TAXPAYER NAME/ADDR KURT & LUCILLE CARLSON 3247 CASCO CIR WAYZATAMN 55391 38 201172343003 I PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME THE CASCO CO TAXPAYER NAME/ADDR CITY OF ORONO PARKS POBOX66 CRYSTAL BAY MN 55323 38 2011723430010 PROP ADDR 3243 CASCO CIR OWNER NAME GEORGE E/MARIL YN K MILEUSNIC TAXPAYER GEORGE E MILEUSNIC NAME/ADDR 3243 CASCO CIRCLE WAYZATA MN 55391 38 2011723430050 PROP ADDR 3241 CASCO CIR OWNER NAME KT & P A KENNEFICK TAXPAYER KEVIN TIP A TRICIA A KENNEFICK NAME/ADDR 3241 CASCO CIR WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HEl-l'JEPIN COUNTY TAXPAYER SERVICES DEPARTM= ~ OFMY KNOWLEDGE AND BELIEF. -..:_ o,-r ~ .. DATE--' 1" c-o BY / PAGE: I t!":c.t:·:·,) ~(•'..... <} ·;.:,,._ 1 ,,.,J~ ,::21:f/ c:\l :~:.f•~ "''~ .• ·· ![i~ ~ ;s--. ~ t- '1 I (we have reviewed the plans for the proposed improve ment or proposed use of the property located at 3 ·✓±> (c,\)c u C cr , also referred to as La nd Use Application No. cA -;2Cf{5t I (we) understand that in executing this acknowledgement , I (we) am (are) not asked to declare approval or disapproval of the property or use but merely t o confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use re~guires Council a::oval. ., . / ,/~ ,,1j;k Property Owner '-" Date Property Owner Date **********************************-lrlt********************-lrlririrll****-lrlr*******r"lrlr**********************"rk******** I (we) i(r;;v;IJ <.:-?~, K1=..vtJGF 1 C.(<... of 3 ~ j ( CA:;c [print name(s)] [print address] have revi~~ed e plans for t he proposed improvement or proposed use of the property located at "Q. .;;, I) <Ya lso referred to as La nd Use Application No. 04-.... ~;a<r~ . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely t o confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Date If you have any information that may assist th e City in the review of this Land Use Application, please submit your comments to the Building & Zo n ing Office at least 10 days prior to the scheduled meeting date. 2 (35) S83"16'£: 108.62 tf[,~:~:} Ul . •··••.J';t1~1.1se •.Nul'l'lbe.-1243 /; ........ · .... , ..................... l!:}~~i,,t .. N,~e~i~F~\~.f,::1i:}}::::;:+•••·.·.•·•.· ,, • .. ·,·.· ... , . T/Jisifsnot a'f~~allY(ecorded niap,1t represent~ tJ.compilatfoijtotio{qtijJ~tior1• .. '. >arid.da)afi-o,p Gity, County, at:1(:J.State . .ro~dauthorities. aryddth:ef!.~oi)r,ce~:. •,i\ .. ·< ; , i ,"•,/: ,,• '' ;,.• •, '.','.>",;,;,:;,",-'• . ,( '' • ;,, , :• ' , •''' ,: ,,: ' ' ,• ' "• •,'; ,,,,•,,,'•,,\ ,, I, \ .: , '•• , .•'.•,' <• '" 'f: '.~•),,'. :. '•• ;,,>.•, j ,:-, :•c1_o,.'"' -~-\•,<.-., ,, ;, B , -==~--14± ~:r.,, 6' 'i ~~---2± ' "'' ... , .'!;,\ 198.58 \/ 2± I ' ' I < " :9 VJ .... " -5 0 " 00 "' ..§ - .i ...., j " -0 en " "' :.a E-< " 00 "' ..§ ~ " -5 0 ~ .g i:ii ~ -5 0 " 00 "' ..§ 'i, ...., j " -0 i:ii "' is " CJ) "' .§ t -5 0 < " -0 i:ii .... ., -5 0 " 00 "' ..§ 'i, ...., j " -0 i:ii "' :.a E-< " 00 "' .§ ' t -5 0 < ' Lui 15, Spring Pad,, also all the land, including the vacau:d highway, lying between lhc fionl or easterly line of aaid lot and the shore of Lake Minoctooka, and between lhe northerly and southerly lines of said Lot 15 extended lo said lake shore, and being pa.rt of Government Lot 6, Section 20, Township 117, Range 23, and a!Jo indicated on the plat of,aid Spring Parle, according to the recorded p_lal tbueof, Hennepin County, Minnesota \" '" \ \ 81.l- □= WEJGEI STAKE PlAGEl BEARINGSEJN ASSUMEEJQATIJM - 2W = /?ET/1i1v1',,n;w11l( "' ,,cl~ I~ f!e/QT, I~, ll)o, c P _rJ ,2_o.o 3 _ ·.) = 1RGN MGN. SET ?R0PeSE0 INFeRMATIEJN ____ 1ST FL00REl£V. ____ .9ASEMENT &EV. •= IRGN MGN. ;NPI.AGE ~GEr7-00R El£V. -----""··GP 9LGGKlliV. :Y' '=.._EJRAINAGE 000.0 = EXl&T. !:6...0:V._ CGOO.Ol = PggPeSEEl EbE'l, _m_Q_ • EXJST . .!. PROP. EU,V. ~ I horecy C9111fy 111att11is ~ol •wvey-~ by m-• ~08,. ~ ~-~•.dwyR~unc IOSD Su,wyorunc ~ - . ... .. •·. : 'J s.TC4.Rd. lJSE ~ 0-,,,,~--ea1c J'~rr, f ?~~1 R~"" No. 14700 --................ ~ Lot 15, Spring Park, also all the land, including the vacated highway, lying between the front or easterly line of said lot and the shore of Lake Minnetonka, and between the northerly and southerly lines of said Lot 15 extended to said lake shore, and being part of Government Lot 6, Section 20, Township 117, Range 23, and also indicated on the plat of said Spring Park, according to the recorded p_lat thereof, Hennepin County, Minnesota ) ·C-. '~ - \ ,\ SM- □= WOOO STAKE PLACED BEARINGS ON ASSUMED 0A TIJM ew = R;;;;Tfl.i N, ·,,.n; '# R l (_ /!. e V IJ' Fr.:> f!, e /.) r; I IJ, l.,() t) '3 /?. -!i!LJ el'r: 820<>'3 :J = 1RON MON. SET ~ROPOSEOINFORMATION ____ 1ST FLOOR ELEV. ____ BASEMENT El.EV. •= IRON MCN. iNPLACE ____ 3ARAGE FLOOR ELEV. ____ -:-op SLOCK EL.EV. :&? ~~ DRAINAGE 000.0 = EXIST . .:1 8/. 1000.0) = PROPOSED El.EV. JOO. 0 ., EXIST. & PROP. :LEV. I herecy certify tnat tnis cstiffc:aat of swvey wa ~ by me <11ur~-'.lft and I a dwy Registen,d Land Swv.ycruna Cata: RlgJStlation No. 1-4700 ttJSO .;OB# BOOK-?AGE '58 -zz.: ' 2 (35) S83"16'£ 108.62 Hennepin County Taxpayer Services Department LOT 150 SPRING PARK (31) 0 Parcel Information ·.~: ·';;'l.t.:···•·• .. {~ .:UParcel ID 2011723430010 House Number 3243 Street Name CASCO CIR This is not a legally recorded map . It represents a compilation of information and data from City, Coun ty, and S tate road authorities and o ther sources . 198.58 ' "'' ... , .... , ''" ' , 2± ' ,, RUN DA TE: 3/18/2004 38 2011723430008 PROP ADDR 3249 CASCO CIR OWNER NAME R G LUESSE ETAL TAXPAYER ROBERTLUESSE NAME/ADDR 3249 CASCO CIR WAYZATAMN 55391 38 2011723430013 PROP ADDR 3237 CASCO CIR OWNER NAME JULIAN HOOK & PEGGY R HOOK TAXPAYER JULIAN & PEGGY HOOK NAMF/ADDR 15250WAYZATABLVD #107 WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: 1 PROPERTY OWNERS LIST 38 2011723430009 38 2011723430010 PROP ADDR 3247 CASCO CIR OWNER NAME KURT CARLSON & WIFE TAXPAYER KURT & LUCILLE CARLSON NAME/ADDR 3247 CASCO CIR WAYZATA MN 55391 38 2011723430031 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME THE CASCO CO TAXPAYER CITY OF ORONO PARKS NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 PROP ADDR 3243 CASCO CIR OWNER NAME GEORGE E/MARIL YN K MILEUSNIC TAXPAYER GEORGEEMILEUSNIC NAME/ADDR 3243 CASCO CIRCLE WAYZATAMN 55391 38 2011723430050 PROP ADDR 3241 CASCO CIR OWNER NAME KT & P A KENNEFICK TAXPAYER KEVIN TIP A TRICIA A KENNEFICK NAME/ADDR 3241 CASCO CIR WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS DATE..., /o:..01 BY OFMYKNOWLEDGEANDBELIEF. ~-~ ,v ~ · OFTHEHENNEPINCOUNTYTAXPAYERSERVICESDEPAR~~L HENNEPIN COUNTY TREASURER A 600 Government Center Minneapolis, Minnesota 55487 -0060 RECEIVED MAR 2 2 2004 CITY OF ORONO FEE TRANSACTION INVOICE Name Marilyn Mileusnic Firm Address: Serviced issued by: David Yurich Date: Fund 10 Account 44130 Center 671500 Invoice Number 2004 -2 No. of Units 6 Rate $1.25/Unit Total $ 25.00 Detail of service performed 1. 20 117 23 43 0010 2. 3243 Make checks payable to Hennepin County Treasurer and mail or deliver to Fee Cashier, A 600 Government Center, Minneapolis, Minnesota 55487 -0060 FEE AUTHORITY 3/18/2004 The charges made hereon have been levied pursuant to Chapter 692, Laws of Minnesota,1969, which gave authority to the Hennepin County Board of Commissioners to set fees for certain services provided by departments of the county . Copy 1 -Customer -~ ,..:1.1 ~ "/~ -,·) CITY of ORONO March 25, 2004 George & Marilyn Mileusnic 3243 Casco Circle Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #04-2999 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a variance for property located at 3243 Casco Circle. Our preliminary review indicates that your application is complete. Your application is scheduled to appear before the Planning Commission on Monday, April 19, 2004. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me at 952.249.4627 should you have any questions. Sincerely, Melanie Curtis City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us i Affidavit of Publication State of Minnesota, County of Hennepin. CITY OF ORONO . 2750 Kelley Parkway, P.O. Box 0 66 Crystal Aay, MN 55323 · Ph<ihe (g52J 24H600 plan reviev,,, conditiona'I .use permit and ·9ub, 200 Wayzata 'Boulevard, RR .-1B parking and side yard setback variances to toning district, . requests a conditional use allow improvements, an addition to the _!permit amendment and commercial site · existing structure, and to operate a coffee · · plan review in o~der to conduct major ren- new lakeshore lots. · . . le 9 . #04-3005 City of Orono, reque.sts revisions 10 · the Sign .Ordinance, Sections I e 78-1466 ~nd_ 78-1468 relatinQ )o the · regu-E lation of· signs. Fax (952) 2a9-46.16 . shop with. deli, • · ' · , · ' f. · ovations to the main club building including additions and minor site plan changes. / . J'!OTICE .. • · . · 3. #04-2997 -City of Orono. ·requests a The Planning'.. Cor,nmissJon will ,hold '"variance. and ' conditional use permit to public hearings .ih . t lie 1-o'ronci 'C.6uncil allow -fillj ng and grading within 75' ('fthei Chambers at_ 27.S'o·":keliey' Parkway"· cin 'sho"reline di.lake Minnetonka and within a Monday, ApriL~9. 2004, beginning at.6:00 protected wetland to allow the creation of p.m. on the matte~ of revl!:)wing the follow-an access road. The location ·of the project ing land use app'licatioris: . is within dedicated public right-of-way · · • 1 ·between Lots 38 and 39, Morse Island . 1. #0~·297f Reliance ' Develop~ent Park (adjacent to 120~140 Big ·Island). Compary LLP, NW corher :of Willow Drive an~ Highway 1,2;$,!?U)lot A, Stonebay),. PIN · 4. #04-2999 George and Marilyn # 33,118-23~1,1.0003, RR-1B zonin9 dis• Mileusnic, 3243 Casco Circle, LR -1C · trict, requests · a 0_9m1J1erclal site .. plan zon'ing district, request a hardcover. vari- ' reli-iew, rezcini.hg; ·comprehensive . plan ance to allow 31% hardcover in the 75'· an\·endmerii, 11nd subdivision · fo"r retail 250' setback .zone when 25% Is normally . development t>fthe ,property. · . ·allowed and 31-% currently exists in order · -:: • -· · -·. ·t ; , ' · · • -~o recoristruct th8ir existing deck. . 2. #04-2993 Christine Valerius ·and Philip Fisk, 2377 Shadywood Road, B.:. 1 5. #04-3000 MIiier. Dunwiddie . zohlng_-di1?trici, request.a commercial site Architects on behalf of V,,ayzata Count~ II 6 . #04·300.1· $;ev~n arid Marcia Ail -persoris wishing to be heard are Tiffany, 1325 Rest Point La_ne, LR -1B encouraged to .attend I.his meetir;ig. Written zoning district, req1,1est a lot area, lot width, comme~s .are acceptElq , and sho"!ld ;be and street side yard setback .variances ih submitted to the City.of Orono by Aprn ,2, order to cons!ruct a new home on an exi~t-2004. Plans arti available for review in the ·. e ing yacant lot. · City Offices: .For an appointment,. please . call (952) 249-4600: . a 7 . #04-3002 _G & L Land. Investment, LLC, 740 Nbrth Arm Drive; LR-1B zon­ ing district, requests a variance in order to allow' a non-conforming · b,;>athouse to remain within 75' o( th_e shorelil)e. 9n a lot . in • conjunction .with a ' tei;frdow'n/"i'eiplace . .­ City of Orono By: Planning Commission Michael P. Gaffron; · Planning Director . i t; :a e ment of th_e princi_pal structu~e .. ·. · · · · . (Publlsh~d -i~ The Laker an~ Pioni er s 8. #04·3003 Bruce & Kris)ine faddock . April 3, 2004) . · ,, and George W. Stickney, '32:lO Fox·~treet, · ·· -~ . · LR .:. i1 A zoning dlst"ric;t, -ie'tju e·st · ptellml-'· .na~.p'j;;t appro'-'.al In qrde~,!9:,<t~~t~J ~,r~e . , • · 1 •· • ·• , ••' ,u, ... ,c<1<,~1";,-:,_i,.•~·••'1""' -•••J•••,, '!:- which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the _3 _ day of __ A-=p=-r_i_· 1 ____ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2004; ~JJ~~ i~uthoriz~int Suscribed and sworn to me ·on this Notary Public KRI STI HOLM ..... :?:~·-NOTARY PUBLIC· MINNESO~ . (~· '"[~ ;'._'._-.;.:., My (.;0m:nlssic•n Expires Jan. 31 , t:005 •. ~~;:·,~-e;~~;i-1:~.:-~~:.-:: .. ;2::-£:2~;;~~..!:~~~--.·:~-)~~ Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15 .50 per inch . (2) Maximum rate allowed by law for above matter : $15.50. (3) Rate actually charged for above matter: $7.96 per inch . Each additional successive week : $5 .79. CITY OF ORONO . 2750 Kelley Parkway, P.O. Box 0 66 Crystal ~ay, MN 55323 , · Phone (952) 24g:.460o Fax (952) 249-46.16 NOTICE The Planning Coi:nmis$ion will _hold public hearings in the · Orono Council Chambers at 2780 Kelley Parkway on Monday, April.19, 2004, beginning at 6:00 p.m. on the matter of reviewing the follow­ ing land use applications: , · 1. #04-297 f Reliance' Development Company LLP, NW corner :of Willow Drive and Highway 12.(Outlot A, Stonebay), PIN # 330118-23~11-0003, RR-1B zoning dis­ . trict, requests a commercial site plan , review, rezoning; comprehensive ·· plan amendment, and subdivision for retail developmentof the property. 2. #04-2993 Christine Valerius and Phlllp Fisk, 23n Shadywood Road, B-1 zoning district, request a commercial site . ···-.· I .-,~ew 1 ,_ · · .....,-rn, TT rr,' pan review" a,,eshore I t 1'1., parking and ~ 0 s. · . allow impro~ . 9. #04-300 . . · existing stru~Vlsions to th • 5 _City of Orono shop with da~·1466 and 7:_~4,gn Ordinance' ~equ_ests 1t1on of signs 68 relating to' th ect,ons 3. #04-a ' · e regu. variance arl All persons . · . · allow-fining .~couraged to att Wishing to be hea d • shoreline ofm"1ents are end this meetin . r . are protected f m_itted to the ~~?P_ted and si~~;tten an access · 04. Plans ar ."Y; of Orono by A , . ,be is within . Offices. Fe;, avallable for revie:~I 12, between t)I (952) 249-460~n appointment p/1) the Park (adjaf · . ' . ease . ,; ~i1! of Orono 4. #Q Y, Planning c Mileusnlc,j . 0 mmission ~ zoning di~ M1chae/P. Gaft , , . ance to d,' Planning Dire 1ron,-. ' ·. 250' setbl , c or, :, allowed ~ (Publlshed• in J ! to reconif._, 3, 2004) The Laker and Pio.·,, ·i;...,. . j . . nrer O 5. !' . ' ,'' Archite~ . J \ ".;.____ . :. . ' 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.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the _3 _ day of __ A_p_r_1_· 1 ____ 2004, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2004; ~lk = 7 AuthorizeiAQent Suscribed and sworn to me on this Notary Public Rate Information (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#04-2999, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my h~1'd and se~al this 8th day of April, 2004. '//~ ,r 1/ / , f/L 1uu, ~i?,.LAL--._ Denise M. Leskinen CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 19, 2004, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. 2. 3. 4. 5. 6. 7. 8. #04-2974 #04-2993 #04-2997 #04-2999 #04-3000 #04-3001 #04-3002 #04-3003 Reliance Development Company LLP, NW corner of Willow Drive and Highway 12 (Outlot A, Stonebay), PIN # 33-118-23-11-0003, RR -lB zoning district, requests a commercial site plan review, rezoning, comprehensive plan amendment, and subdivision for retail development of the prope1iy. Christine Valerius and Philip Fisk, 2377 Shadywood Road, B -1 zoning district, request a commercial site plan review, conditional use permit and parking and side yard setback variances to allow improvements, an addition to the existing structure, and to operate a coffee shop with deli. City of Orono, requests a variance and conditional use permit to allow filling and grading within 7 5' of the shoreline of Lake Minnetonka and within a protected wetland to allow the creation of an access road. The location of the project is within dedicated public right-of-way between Lots 38 and 39, Morse Island Park (adjacent to 120-140 Big Island). George and Marilyn Mileusnic, 3243 Casco Circle, LR-1 C zoning district, request a hardcover variance to allow 31 % hardcover in the 75 '-250' setback zone when 25% is normally allowed and 31 % currently exists in order to reconstruct their existing deck. Miller Dunwiddie Architects on behalf of Wayzata Country Club, 200 Wayzata Boulevard, RR -1B zoning district, requests a conditional use permit amendment and commercial site plan review in order to conduct major renovations to the main club building including additions and minor site plan changes. Steven and Marcia Tiffany, 1325 Rest Point Lane, LR -1 B zoning district, request a lot area, lot width, and street side yard setback variances in order to construct a new home on an existing vacant lot. G & L Land Investment, LLC, 740 North Arm Drive, LR -1B zoning district, requests a variance in order to allow a non-conforming boathouse to remain within 75' of the shoreline on a lot in conjunction with a teardown/replacement of the principal structure. Bruce & Kristine Paddock and George W. Stickney, 3250 Fox Street, LR- 1 A zoning district, request preliminary plat approval in order to create three new lakeshore lots. 9. #04-3005 City of Orono, requests revisions to the Sign Ordinance, Sections 78-1466 and 78-1468 relating to the regulation of signs. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by April 12, 2004. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Comrnissio ?Jb--a-r° ~ To be published the week of April 4, 2004 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 2 RUN DA TE: 3/18/2004 38 2011723430008 PROP ADDR 3249 CASCO CIR OWNER NAME R G LUESSE ETAL TAXPAYER ROBERT LUESSE NAME/ADDR 3249 CASCO CIR WAYZATA MN 55391 38 2011723430013 PROP ADDR 3237 CASCO CIR OWNER NAME JULIAN HOOK & PEGGY R HOOK TAXPAYER JULIAN & PEGGY HOOK NAME/ADDR 15250WAYZATABLVD #107 WAYZATAMN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 2011723430009 PROP ADDR 3247 CASCO CIR OWNER NAME KURT CARLSON & WIFE TAXPAYER NAME/ADDR KURT & LUCILLE CARLSON 3247 CASCO CIR WAYZATA MN 55391 38 2011723430031 PROP ADDR 38 ADDRESS UNASSIGNED OWNER NAME THE CASCO CO TAXPAYER CITY OF ORONO PARKS NAME/ADDR PO BOX 66 CRYSTAL BAY MN 55323 38 2011723430010 PROP ADDR 3243 CASCO CIR OWNER NAME GEORGE E/MARIL YN K MILEUSNIC TAXPAYER GEORGE E MILEUSNIC NAME/ADDR 3243 CASCO CIRCLE WAYZATAMN 55391 38 2011723430050 PROP ADDR 3241 CASCO CIR OWNER NAME KT & PA KENNEFICK TAXPAYER KEVIN TIP ATRICIA A K.ENNEFICK NAME/ADDR 3241 CASCO CIR WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HENNEPIN COUNTY TAJ<PA YER SERVICES OOPARTM= ~ OFMYKNOWLEOOEANDBELIEF. ~-& ,v ~ · DATE-' 1" "'-Cl I BY / PAGE:\ l:::-:-:-'./:'?)\ ~--·-~ ... •. "{::\;;/:-<'.;t -<,~ lll ,,.,Jj .. ':i:ti! @fJ2ir<~1\ ')~ ~f.('J ~') 1"¥_ "~:_.-,;;, '-}~1 "'~ '~~~j\~ '"',1~_­{i~ TRACKING SHEET FILE NO. 04-2999, Staff: M~an ,c SITE ADDRESS: 3243 Casco Circle Applicant: George Mileusnic Address: 3243 Casco Circle Wayzata, MN 55391 Owner: Marilyn Mileusnic Address: 3243 Casco Circle Wayzata, MN 55391 )g Meeting with Staff Date: ff7:? I~ 0 c-f fZ1 Application Completed Date : Cf? ZSD L/ 60Day: OS'l'?D lf □ Incomplete Notice Sent Date: ______ _ Copy of Application Sent to: __ Engineer _ County DNR MCWD LMCD Property Owners Notified: Date: __ 4_-_,fc.._-_o_y ___ _ Legal Notice Published Date: L/ -3 -0'1 PC Meeting( s): __ (J _lf_l vt_O_L-_/ ___ Vote: t ~o a t /)JV/0 Vote: --------------------- Vote: --------------------- }l( Notice of PC Action:_O_L-J----f-/ b-0_----f-f _O_Y ____________ _ City Council Meeting(s): 0'-1 f W / D '-1 Vote: S-0 ------------- Vote: -------------------- Vote: ---------------~---- □ Resolution :