HomeMy WebLinkAboutProject PacketMINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, April 9, 2007
7:00 o'clock p.m.
17. #07-3276 ROBERT G. LUESSE, 3249 CASCO CIRCLE -VARIANCE -RESOLUTION
NO. 5603
Murphy moved, Bremer seconded, to adopt RESOLUTION NO. 5603, a Resolution granting a
variance for the property located at 3249 Casco Circle. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Murphy noted there was a front page article regarding Big Island and the Minnehaha in this week's
Pioneer Press .
Bremer encouraged the other City Council members to read the article included within the
"Communicator," which was submitted by an organization named HIRED. Bremer stated HIRED
works with teenagers and other troubled adults .
Rahn noted one person on the Board of Review is required to have undergone some specialized training,
and inquired whether anyone on the Council has taken that training.
White and McMillan indicated they both have attended the training . White recommended that Bremer
and Rahn take the training.
McMillan stated an insert to the City's newsletter on the organic recycling program is currently at the
printers and would be ready for distribution in the near future . McMillan stated Rachel Dodge has also
been working on the organics web page .
Murphy inquired about the Dakota Rail Trail being planned by Three River Parks.
McMillan stated the two major issues in Minnetonka Beach are the trail being gravel and a width of six
feet. McMillan stated it was her impression that the Park Board would follow the construction
standards for trails and would not be constructing it at a width of six feet.
CITY ENGINEER'S REPORT
*18. AWARD OF 2007 SEAL COAT BID
Murphy moved, Bremer seconded, to award the 2007 street seal coat bid to Pearson Brothers,
Inc., with Alternate No. 1-granite chips, and Alternate No. 4 -$11,525.80 for seal coating the
Navarre Municipal Parking Lot, for a total cost of $91,482.80; and to amend the PIR Fund budget
to reflect the expenditure. VOTE: Ayes 5, Nays 0 .
*19. UPGRADE AND STANDBY GENERATOR FOR LIFT STATION 26
Murphy moved, Bremer seconded, to accept the quotation in the amount of $19,440.51 from
Katolight Corporation Mankato, Minnesota, for Lift Station #26 (1207 Tonkawa Road)
emergency generator; to accept the quotation in the amount of $5,650.00 from Electric Resource
Contractors, Minneapolis, Minnesota, for completion of the electrical connection work for Lift
Station #26 (1207 Tonkawa Road) emergency generator; to accept the quotation in the amount of
$28,978.66 from Quality Flow Systems, New Prague, Minnesota, for a new control panel, 1-7 .5 HP
pump, access cover to wet well and Mission Systems direct dial alarm system for Lift Station #26
PAGE 20 of22
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 19, 2007
6:00 o'clock p.m.
(#07-3275 BPS Properties, Continued)
Sticlmey stated one way they are protecting the view is by not creating a lot adjacent to Watertown
Road and leaving that natural vegetation.
Gaffron stated Staff did discuss the view corridors as it relates to the Rural Oasis Study with the
applicant. Gaffron stated in his opinion the developer has the right concept of what the City is
attempting to preserve of the view sheds and that this issue could be reviewed later on in the process if
necessary.
Sticlmey noted he did reduce the number of lots proposed on this site also to help preserve the natural
character of the area.
Gaffron commented the_ City does lose the ability at times to preserve some of the views by clustering
the houses and that perhaps it may be necessary to delineate areas where accessory buildings cannot be
constructed.
Kempf stated because the view sheds are important on this particular piece of property, he would still be
in favor of outlots instead of covenants to protect the view sheds from accessory buildings because it
would give more complete protection to those areas.
Kempf moved, Winer seconded, to recommend approval of Application #07-3275, George
Stichney of BPS Properties, 95 Leaf Street, granting preliminary plat approval. VOTE: Ayes 7,
Nays 0.
13. 07-3276 ROBERT G. LUESSE, 3249 CASCO CIRCLE, VARIAN CE, 10:09 -10:37 P.M.
Robert Luesse, Applicant, was present.
Curtis stated the applicant's home was damaged by a fire that occurred in March of 2006. The
applicants like the style of their existing home and would like to build a new home on the existing
foundation, keeping the same style of home but reconfiguring the internal dimensions, with a proposed
small lakeward addition conducive to one-level living. The addition is to allow adequate room for a
bedroom which is driven by a health condition. The applicants have also proposed to construct a small
second story to provide room for their growing family to visit. Their intent is to construct a home which
mirrors the one they have lived in for many years and they intend to use the same gravel-style roofing
material thus keeping the pitch of the roof to a minimum as well.
The applicant is requesting the following variances in order to rebuild a home on the property by
reusing the existing foundation and add a second story:
PAGE 28
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 19, 2007
6:00 o'clock p.m.
(#07-3276 Robert Luesse, Continued)
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 square feet in area and
52 feet in width at the OHWL and 57 feet in width at the 75-foot setback where 21, 780 square
feet in area and 100 feet in width are normally required;
2. Hardcover variances within the 0-75 foot zone for 21.4 percent (909 square feet) hardcover
where O percent is normally required and 21.4 percent currently exists, and within the 75-250
foot zone for 32.3 percent (3,637 square feet) hardcover where 25 percent is normally allowed
and 31.4 percent currently exists, and within the 250-500 foot zone for 36.8 percent (284 square
feet) hardcover where 30 percent is normally allowed and 36.8 percent currently exists;
3. Lot coverage by structure variance to allow 16.2 percent where 15 percent is normally allowed
and 15.6 percent currently exists;
4. An average lakeshore setback variance to allow a six-foot encroachment into the average
lakeshore setback for a portion of the home;
5. A side yard setback variance for the first level of the proposed home to be set back as close as
5.3 fe~t to the side lot line where a 10 foot setback is required and a 5.3 foot setback currently
exists in order to reuse the existing foundation of the home.
Planning Staff recommends approval of the variances to build a new home on the site as proposed.
However, the applicant should propose hardcover removals to achieve the previously approved square
footage within the 75-250 foot zone as well as remove the lakeside deck.
Luesse stated they would like to rebuild following a fire they experienced at their residence and that
they would like to expand the main floor to accommodate their needs as they grow older. Luesse stated
they would like to rebuild on the existing foundation even though it does encroach into the side yard
setback. Luesse noted the side yard requirement at the time the house was originally constructed was
five feet.
Luesse stated the hardcover can be reduced to comply with Staffs recommendation. Luesse noted this
area has experienced some mud slides in the recent past and that the deck was built in its present
location because it helps to protect the existing hillside.
Acting Chair Kempf opened the public hea1ing at 10:20 p.m.
There were no public comments regarding this application.
Acting Chair Kempf closed the public hearing at 10:20 p.m.
Zullo stated she would like to see the side yard setback requirements complied with and that she does
not see the necessity to replace the hardcover in the 0-75 foot zone.
PAGE29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 19, 2007
(#07-3276 Robert Luesse, Continued)
Kempf inquired how old the stairway is.
6:00 o'clock p.m.
Luesse stated the stairway was constructed after the house was built and is at least 35 years old.
Kempf commented the stairway appears to be getting to the point where it should be replaced.
Luesse inquired whether Commissioner Zullo's comments related to the stairway or the deck.
Curtis noted a stairway is allowed down to the lake along with a landing of 12 square feet in the 0-75
foot zone.
Zullo stated she does not see the need to remove the decking at this point in time.
Kroeger inquired whether the average lakeshore setback would be calculated from the outer point of the
deck rather than the comer of the house.
Gaffron stated in this situation, if this is a grade level deck or no higher than six feet above grade, it
would be measured from the house. Gaffron stated he is unsure what the topography in the area is.
Luesse stated the deck extends approximately eight or nine feet out.
Gaffron stated that would change the average lakeshore setback line.
Kempf stated the deck and stairs appear to be getting due for replacement. Within the 0-75 foot zone
there is a large deck and that the portion of the stairway that accesses the other set of stairs is five feet
wide and then there is a third deck. Kempf stated the uppermost deck is very close to the grade of the
front yard and that that deck should be removed out of the 0-75 foot zone. Kempf stated it is his
impression that the stairway and landings are out of compliance and should be replaced in some fashion.
Gaffron stated the decks are nonconforming and can be replaced in kind but not expanded.
Rice commented the applicant is able to replace the house in its current location and asked if the second
story fits within the setback.
Curtis stated the applicant would like the second floor to be on the same exterior wall as the first floor to
allow for a three bedroom configuration on the top level.
Kempf inquired whether the cap would be removed and then the house rebuilt from that.
Luesse stated it would be.
Kempf noted the engineer's repmi states it is impossible to fill the block foundation and that there is a
long horizontal crack in the wall, which suggests· failure of the foundation. Kempf stated he was able to
PAGE 30
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 19, 2007
6:00 o'clock p.m.
(#07-3276 Robert Luesse, Continued)
move the blocks in the area of the crack that he observed on the exterior of the house and that he has a
concern with constructing a new house on top of the existing foundation.
Curtis noted there is an engineering report that is included in the Commissioners' packets.
Luesse stated he was very careful to have the engineer check the items that Commissioner Kempf
referred to. Luesse stated the wing wall located on the north side of the house did move approximately
15 years ago and that he did put some pilaster in that area to support that section of the foundation.
Luesse stated he is interested in constructing the new residence on a solid foundation and that the
existing foundation is solid.
Winer inquired whether the applicant has considered rebuilding the entire house
Curtis stated the City Engineer has reviewed the report submitted by the applicant's engineer and that
the City Engineer did not note any specific concerns.
Zullo inquired whether the applicant should rebuild the lakeside decks.
Curtis stated those were mentioned in the report to allow the Planning Commission to discuss that item
as part of the overall application.
Zullo inquired whether the stairway and landings could be removed and replaced with one stairway
without the landings.
Curtis stated it could but that the applicant has the right to replace what is existing. Curtis stated the
second level porch and deck would be considered structure and that the applicant is proposing to fill that
area in as livable space. Curtis noted the structural coverage on the lot would not increase.
Curtis distributed a letter from Lucille Carlson, 3247 Casco Circle, regarding the project. Carlson has
indicated she does not object to the proposal to rebuild on the existing foundation, including adding a
second story.
Luesse stated he did discuss this project with the neighbor.
Rice moved, Winer seconded, to recommend approval of Application #07-3276, Robert G. Luesse,
3249 Casco Circle, granting of lot area and lot width variances; hardcover variances within the 0-
75 foot zone, the 75-250 foot zone, and the 250-500 foot zones; lot coverage variance, an average
lakeshore setback variance; and a side yard setback. VOTE: Ayes 7, Nays 0.
PAGE 31
SKETCH PLAN
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, March 19, 2007
6:00 o'clock p.m.
I
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/
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14. 07-3271 JUDSON M. DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH, SKETCH
PLAN
Judson Dayton; Lisa Dayton; John Winston, Attorney-at-Law appearing on behalf of Judson Dayton;
Chuck Parsons, Attorney-at-Law appearing on behalf of Lisa Dayton; and Mark Gronberg, Surveyor,
were present.
Gaffron noted this is a sketch plan review. The applicant is proposing to combine the three existing tax
parcels and subdivide the property to create three new two plus acre building lots, and one large parcel
for the existing residence, caretaker house and horse barn. The four lots are proposed to be served by
two private driveway outlots over the two existing driveway accesses onto Old Crystal Bay Road. The
easterly of the two existing smaller parcels contains a cabin; the westerly of the smaller parcels contains
a variety of small outbuildings near the lakeshore.
Each of the four lots abuts the lakeshore of Maxwell Bay and each exceeds two dry buildable acres in
area and 200 feet in width measured at the shoreline and at the 75 foot lakeshore setback line. Lots 1, 3,
and 4 have functional lot widths of 170-190 feet, leaving a potential buildable width of 110-130 feet
once the 30 foot side setbacks are accounted for.
Lot 2 abuts a public or private road. Lot 1 is proposed to access Old Crystal Bay Road via proposed
Outlot B, a variable-width corridor in which exists a driveway that would also serve Lot 2. Lots 3 and 4
are proposed to gain access to Old Crystal Bay Road via Outlot A, a proposed 30 foot corridor in which
exists a second driveway .
Based on the definition of "back lot" and the standards of Section 82-256, Lots 1, 3, and 4 would be
considered as back lots until or unless they abut an acceptable private or public road. The minimum
standards for a private road would be a 50 foot minimum outlot corridor and a 24 foot paved width. As
proposed Lots 1, 3 , and 4 are back lots, and arguably should not be created based on the provisions of
Section 82-256 (c)(l)(b).
Additionally, Lots 1, 3 and 4 technically are subject to the back lot dimensional standards for lakeshore
lots in the LR-lA District, summarized as follows:
a. Lots must be at least 3 .0 acres in area.
b. Lots must meet a 200 foot lot width standard at the shoreline, at the lakeshore setback line and
at the street yard setback line (the street yard or front yard for any back lot will be a yard
starting where the narrow access outlot corridor ends and the lot begins).
c . The depth of the required street yard or front yard shall be 7 5 feet.
d. The required side yard and rear yard depths for back lots shall be 45 feet and 75 feet
respectively. The required lakeshore yard shall be 75 feet.
PAGE 32
Subject: 07-3276, Robert & Mary Luesse, 3249 Casco Circle, Variances
Background
The applicants' home was damaged by a fire in March of 2006 The applicants
~~4~~~~ would like to build a new home on the,v
existing foundation, keeping the same style of home but reconfiguring the internal
dimensions to make it more functional, with a proposed small lakeward addition
conducive to one-level living. They have also proposed to construct a small
second story to provide room for their growing family to visit. Their intent is to
construct a home which mirrors the one they have lived in for many years, and
intend to use the same gravel-style roofing material thus keeping the pitch of the
roof to a minimum as well.
Application Summary: The applicant is requesting the following variances in
order to re-build a home on the property, by re-using the existing foundation, and
add a 2 nd story:
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 s.f.
in area and 52' in width at the OHWL and 57' in width at the 75' setback
where 21,780 s.f. in area and 100' in width are normally required; and
2. Hardcover variances within the 0-75' zone for 21 .4% (909 s.f.) hardcover
where 0% is normally required and 21.4% currently exists, and within the
75'-250' zone for 32.3% (3,637 s.f.) hardcover where 25% is normally
allowed and 31.4% currently exists, and within the 250'-500' zone for
36.8% (284 s.f.) hardcover where 30% is normally allowed and 36.8%
currently exists; and
3. Lot coverage by structure variance to allow 16.2% where 15% is normally
allowed and 15.6% currently exists.
4. An average lakeshore setback variance to allow a 6' encroachment into
the average lakeshore setback for a portion of the home; and
5. A side yard setback variance for the first level of the proposed home to be
set back as close as 5.3' to the side lot line where a 1 O' setback is
required and a 5.3' setback currently exists in order to re-use the existing
foundation of the home.
A number of these variances have been previously approved by the City Council
for the existing hardcover and structures. -fiY:ease ,gee the Resolutions attached
as Exhibit M. lJuifti?tcf:i 1 l,L/
Staff Recommendation
Planning Staff recommends approval of the variances to build a new home on
the site as proposed, however the applicant should propose hardcover removals
to achieve the previously approved square footage within the 75' -250' zone as
well as remove the lakeside decks.
1
Item Description:
#07-3276 -Robert & Mary Luesse -3249 Casco Circle -Variances -Resolution
Application Summary:
The applicants' home was damaged by a fire in March of 2006 and they would like to build a
new home on the existing foundation, keeping the same style of home but reconfiguring the
internal dimensions, with a proposed small lakeward addition conducive to one-level living.
Their intent is to construct a home which mirrors the one they have lived in for many years,
and intend to use the same gravel-style roofing material thus keeping the pitch of the roof to
a minimum as well.
The applicants are requesting the following variances in order to re-build a home and add a
2 nd story:
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 s.f. in area and
52' in width at the OHWL and 57' in width at the 75' setback where 21,780 s.f. in area
and 100' in width are normally required; and
2. Hardcover variances within the 0-75' zone for 21.4% (909 s.f.) hardcover where 0% is
normally required and 21.4% currently exists, and within the 75'-250' zone for 32.3%
(3,637 s.f.) hardcover where 25% is normally allowed and 31.4% currently exists, and
within the 250'-500' zone for 36.8% (284 s.f.) hardcover where 30% is normally
allowed and 36.8% currently exists; and
3. Lot coverage by structure variance to allow 16.2% where 15% is normally allowed and
15.6% currently exists.
4. An average lakeshore setback variance to allow a 6' encroachment into the average
lakeshore setback for a portion of the home; and
5. A side yard setback variance for the both levels of the proposed home to be set back
as close as 5.3' to the side lot line where a 1 O' setback is required and a 5.3' setback
currently exists in order to re-use the existing foundation of the home.
On March 19, 2007, Planning Commission voted 7 -0 to recommend approval of the
variances as requested.
Council may want to discuss, if the foundation must be completely replaced and it becomes a
total rebuild, whether or not the Council will require the entire home to be moved to a
conforming side setback location.
Staff recommends approval of the variances per the attached Resolution. And the action
requested this evening is to adopt or amend the attached Resolution.
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CERTIFICATE OF SURVEY FOR
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Lot 12, Spring Pork, also oil that part of vacated Lake Shore Avenue and of the tract of land lying between said vacated
avenue and shore of lake which lies between the easterly extensions of the northerly and southerly line of said Lot 12.
o : denotes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
Bearings shown ore based upon an assumed datum.
This survey shows the boundaries of the above described property, the location of an existing house and garage,
the location of ell visible "hardcover", and the proposed location of a proposed addition thereon. It does not
purport to show any other improvements or encroachments.
NOTE: Accuracy of hardcover location, and extent of additional hardcover is limited by ice and snow cover.
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THESE ORAW!NGSAREAGfW>HIC
REPRESENTATION AND AAE hOT INTENDED TO
PROV1DE DIMENSIONAL INFORMATION EXCE?T
WHERE OlMENSIONSARESPECIFICAlLY
INDICATED. OONOTDETERMINeOIMENSIONSBY
SCALINGOFl'THESEDRAWINGS. SHOUlDYCU
REQUIRE ADDITIONAL DIMENSION.$, ~
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Architects, Inc.
MINNEAPOLIS • 43 Main Street SE 11410
Minneapolis,MN 55414
TEL:(612)379-3037
FAX: (612) 379--0001
EXCELSIOR
□ 440SecondStreet
Exce!slot,MN55331
TEL: (952) 380-4817
FAX: (952) 380-4818
STILLWATER
□ 904 South Fourth Street
Stillwater, MN 55082
TEL: 1651) 351-0961
FAX: (651) 351-7327
www.SALAarc.com
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Project Number:
06174
Project Architect:
T. FULLER
Drawn By:
A. L~RSO~
Date of Issue:
xxx~x
Sheet A 1
No.
ENTRY
PORCH
nC[\,...._._~F__1rlRST LEVEL p W 1ffl"=1~~ -~~N~_
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FAX: (952) 380--4618
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Date of Issue: xxxxx
Sheet A7 No.
Date Application Received: 02-21-07
Date Application Considered as Complete: 02-21-07
60-Day Review Period Expires: 04-21-07
Department Approval:
Name: Melanie Curtis
Title: City Planner
Item Description:
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: 4 April 2007
Item No.
Agenda Section:
#07-3276-Robert & Mary Luesse -3249 Casco Circle -Variances -Resolution
Zoning District:
Lot Area:
Lot Width:
List of Exhibits:
LR-lC, One Family Lakeshore Residential,½ acre/100'
16,260 s.f. (0.37 acre)
52' @ OHWL & 57' @ 75' setback
Exhibit A -Resolution per Planning Commission recommendation
Exhibit B -PC Action Notice
Exhibit C -PC Memo & Exhibits of 03-13-07
Exhibit D -Draft PC Minutes -March 2007
Application Summary:
The applicants' home was damaged by a fire in March of 2006 The applicants love the style of their
existing home and would like to build a new home on the existing foundation, keeping the same style
of home but reconfiguring the internal dimensions, with a proposed small lakeward addition conducive
to one-level living. The addition is to allow adequate room for a bedroom which is driven by a health
condition. They have also proposed to construct a small second story to provide room for their
growing family to visit. Their intent is to construct a home which mirrors the one they have lived in
for many years, and intend to use the same gravel-style roofing material thus keeping the pitch of the
roof to a minimum as well.
The applicants are requesting the following variances in order to re-build a home on the property, by
re-using the existing foundation, and add a 2 nd story:
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 s.f. in area and 52' in
width at the OHWL and 57' in width at the 75' setback where 21,780 s.f. in area and 100' in
width are normally required; and
2. Hardcover variances within the 0-75' zone for 21.4% (909 s.f.) hardcover where 0% is
normally required and 21.4% currently exists, and within the 75'-250' zone for 32.3% (3,637
s.f.) hardcover where 25% is normally allowed and 31.4% currently exists, and within the
250'-500' zone for 36.8% (284 s.f.) hardcover where 30% is normally allowed and 36.8%
currently exists; and
3. Lot coverage by structure variance to allow 16.2% where 15% is normally allowed and 15.6%
currently exists.
4. An average lakeshore setback variance to allow a 6' encroachment into the average lakeshore
setback for a portion of the home; and
5. A side yard setback variance for the both levels of the proposed home to be set back as close as
5.3' to the side lot line where a 10' setback is required and a 5.3' setback currently exists in
order to re-use the existing foundation of the home.
*A number of these variances have been previously approved by the City Council for the existing
hardcover and structures. Please see the attached Resolutions and the details in the Lot Analysis
Worksheet contained within the Planning Commission report.
Planning Commission Recommendation
On March 19, 2007, Planning Commission voted 7 -0 to recommend approval of the variances as
requested.
Planning Staff Recommendation
Council may want to discuss, if the foundation must be completely replaced and it becomes a total
rebuild, whether or not the Council will require the entire home to be moved to a conforming side
setback location.
Staff recommends approval of the variances per the attached Resolution.
COUNCIL ACTION REQUESTED
Adopt or amend the attached Resolution.
A RESOLUTION GRANTING AV ARIANCE
TO MUNICIPAL ZONING CODE PER
SECTIONS 78-350, 78-1288, & 78-1403
FILE NO. 07-3276
WHEREAS, Robert G. Luesse et al, (hereinafter "the applicant") is the
owner of the property located at 3249 Casco Circle within the City of Orono (hereinafter
the "City") and legally described as follows:
Lot 12, Spring Park, & Adjacent Vacated Lakeshore A venue, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City of Orono for
variances to Orono Municipal Zoning Code 78-350 to allow side yard setback variance
for the 1st and 2nd levels of the proposed home to be set back as close as 5 .3' to the side
lot line where a 10' setback is required and a 5.3' setback currently exists in order to re
use the existing foundation of the home; and
WHEREAS, the applicant has made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within
the 0-75' zone of 21.4% (909 s.f.) hardcover where 0% is normally allowed and 21.4%
currently exists, and to allow hardcover within the 75'-250' zone of 32.3% (3,637 s.f.)
hardcover where 25% is normally allowed and 31.4% currently exists, and within the
250' -500' zone for 36.8% (284 s.f.) hardcover where 30% is normally allowed and
36.8% currently exists; and
WHEREAS, the applicant has made application to the City of Orono for
variances to Orono Municipal Zoning Code 78-1403 to allow 16.2% where 15% is
normally allowed and 15.6% currently exists.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
I. This application was reviewed as Zoning File 07-3276.
Page 1 of 5
2. The property is located in the LR -1 C, One Family Lakeshore Residential
District, which requires a minimum lot area of 0.50 acres and a minimum
lot width of 100'. The applicant's lot is 0.37 acres in area and 52' in width
at the shoreline and 57' in width at the 75' setback.
3. The Planning Commission reviewed this application at a public hearing
held on March 19, 2007 where a recommendation was made to approve
the variances for the new home based on the following findings:
a. The applicant has agreed to remove any excess hardcover, including a
concrete staircase along the south side of the home, within the 0-75'
lake setback zone.
b. The size footprint proposed is smaller than that of the other homes in
the immediate neighborhood.
c. The levels of hardcover and structural coverage on the property were
previously approved by the City Council by Resolution Nos. 3213 &
3329. The applicant's current proposal does not exceed the limits
approved for the property.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants 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 applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Page 2 of 5
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code 78-350 to allow side yard setback
variance for the 1st and 2nd levels of the proposed home to be set back as close as 5 .3' to
the side lot line where a 10' setback is required and a 5.3' setback currently exists in
order to re-use the existing foundation of the home; and Orono Municipal Zoning Code
Section 78-1288 to allow hardcover within the 0-75' zone of 21.4% (909 s.f.) hardcover
where 0% is normally allowed and 21.4% currently exists, and to allow hardcover within
the 75'-250' zone of 32.3% (3,637 s.f.) hardcover where 25% is normally allowed and
31.4% currently exists, and within the 250' -500' zone for 36.8% (284 s.f.) hardcover
where 30% is normally allowed and 36.8% currently exists; and Orono Municipal Zoning
Code 78-1403 to allow 16.2% where 15% is normally allowed and 15.6% currently exists
subject to the following conditions:
1. Council approval is based on the building and site plans submitted by the
applicant and annotated by City staff, attached to this Resolution as Exhibits A &
B. Any amendments to the building plans and/or site plan which are not in
conformity with City codes will require further Planning Commission and City
Council review.
2. Hardcover in the O -75' zone shall be limited to 21.4% or 909 s.f.; and hardcover
75'-250' zone shall be limited to 32.3% or 3,367 s.f.; and within the 250'-500'
zone shall be limited to 36.8% or 284 s.f. 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. The applicant has the option to rebuild rather than remodel in accordance with the
plan submitted for review of this variance.
4. 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.
5. Authorities granted by this resolution run with the property not with the
applicants, 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 9, 2008).
Page 3 of 5
6. Violation of or non-compliance with any of the terms and conditions of this
resolution shall c9nstitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of the applicants and the applicant's heirs, successors
and assigns, hereby agrees to the recording of this resolution in the chain of title
of the property.
Adopted by the Orono City Council on the 9th day of April, 2007.
ATTEST:
Linda S. Vee, City Clerk
Property Owner( s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
James M. White, Mayor
The foregoing instrument was acknowledged before me on this _ day of
___ _., 2007 by James M. White, 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
____ , 2007 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 _____ , 2007
by Robert G. Luesse,.
Notary Public
\
Page 5 of 5
ZONING FILE 07-3276 CITY OF ORONO
2750 Kelley Parkway
PO Box 66
Crystal Bay, MN 55323
952.249.4600
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: 3 April 2007
TO: Robert G. and Mary E. Luesse
2400 Interlachen Rd. Apt #301
Spring Park, MN 55384
TYPE OF REQUEST: Variances
DATE OF MEETING: March 19, 2007
COPIES:
Planning Commission recommended as follows:
To approve the application as requested.
VOTE: 7 FOR 0 AGAINST
Applicant's next scheduled meeting is confirmed as:
City Council-April 9, 2007, 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 #07-3276
13 March 2007
Page 1 of 5
Date Application Received: 02-21-07
Date Application Considered as Complete: 02-21-07
60-Day Review Period Expires: 04-21-07
To: Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
From: Melanie Curtis, City Planner M {I
Date:
Subject:
✓
13 March 2007
07-3276, Robert & Mary Luesse, 3249 Casco Circle, Variances
Lot Area, Lot Width, Side Setback, Hardcover, Structural Coverage &
Average Lakeshore Setback Variances
✓ Public Hearing
Zoning District:
Lot Area:
Lot Width:
LR-lC, One Family Lakeshore Residential,½ acre/100'
16,260 s.f. (0.37 acre)
52' @ OHWL & 57' @ 75' setback
Application Summary: The applicant is requesting the following variances in order to re-build a
home on the property, by re-using the existing foundation, and add a 2nd story:
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 s.f. in area and
52' in width at the OHWL and 57' in width at the 75' setback where 21,780 s.f. in area
and 100' in width are normally required; and
2. Hardcover variances within the 0-75' zone for 21.4% (909 s.f.) hardcover where 0% is
normally required and 21.4% currently exists, and within the 75'-250' zone for 32.3%
(3,637 s.f.) hardcover where 25% is normally allowed and 31.4% currently exists, and
within the 250'-500' zone for 36.8% (284 s.f.) hardcover where 30% is normally allowed
and 36.8% currently exists; and
3. Lot coverage by structure variance to allow 16.2% where 15% is normally allowed and
15.6% currently exists.
4. An average lakeshore setback variance to allow a 6' encroachment into the average
lakeshore setback for a portion of the home; and
5. A side yard setback variance for the first level of the proposed home to be set back as
close as 5.3' to the side lot line where a 1 O' setback is required and a 5.3' setback
currently exists in order to re-use the existing foundation of the home.
A number of these variances have been previously approved by the City Council for the existing
hardcover and structures. Please see the attached Resolutions and the details in the Lot Analysis
Worksheet below.
Staff Recommendation: Planning Staff recommends approval of the variances to build a new
home on the site as proposed, however the applicant should propose hardcover removals to
achieve the previously approved square footage within the 75' -250' zone as well as remove the
lakeside deck.
1
Pertinent Zoning Ordinance Sections
✓ Sec. 78-350. Area, height, lot width and yard requirements.
✓ Sec. 78-1288. Hard cover limitations.
✓ Sec. 78-1403. Lot coverage.
List of Exhibits
Exhibit A -
Exhibit B
Exhibit C -
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H -
Exhibit I -
Exhibit J -
Exhibit K -
Exhibit L -
Exhibit M
Exhibit N -
Exhibit 0-
Exhibit P -
Exhibit Q
Exhibit R -
Background
Application
Hardship Documentation Form
Existing & Proposed Survey/Site Plan
Proposed Plans
Proposed Home Elevations
Cross Section of Property (by Applicant)
Side Setback Illustration (by Applicant)
Submitted Hardcover Calculations
Supplemental Hardcover Explanation Form (by Applicant)
Structural Report from ArchiStructures
City Engineer Memo dated 03-06-07
Site Photos
Resolution Nos. 3213 & 3329
Survey dated 6-24-1993
Incident Report -House Fire
Property Owners List
Adjacent Property Owners Acknowledgment
Plat Map
FILE #07-3276
13 March 2007
Page 2 of 5
The applicants' home was damaged by a fire in March of 2006 The applicants love the
style of their existing home and would like to build a new home on the existing
foundation, keeping the same style of home but reconfiguring the internal dimensions,
with a proposed small lakeward addition conducive to one-level living. The addition is
to allow adequate room for a bedroom which is driven by a health condition. They have
also proposed to construct a small second story to provide room for their growing family
to visit. Their intent is to construct a home which mirrors the one they have lived in for
many years, and intend to use the same gravel-style roofing material thus keeping the
pitch of the roof to a minimum as well.
Hardcover & Lot Coverage Variances
The existing hardcover levels on the property slightly exceed those approved in 1993.
Staff feels that the applicants should propose removals within the 75'-250' zone resulting
in a level consistent with the previously approved level of 3,386 s.f. rather than an
increase of 251 s.f. over the approval 1993 level.
The 0-75' zone contains a number of wood retaining walls, a deck and stair system
including a landing. City Code allows for a lake access stair including if necessary the
Building Code required landing, however a lake side deck is not permitted.
2
Side Yard Setback Variance
FILE #07-3276
13 March 2007
Page 3 of 5
The existing home is currently situated on the lot at a slight angle and does not meet the
required 10' side setback at all along the south lot line but goes from 9 feet on the street
side to 5.3 feet on the lake side. The existing deck on the lakeside is as close as 6 feet.
The applicants are proposing to reconstruct the home on the existing foundation and
footing which extends past the home under the existing sheltered deck along the south
wall of the house 10 feet. They would like to utilize this existing additional portion of
foundation to extend the livable space of the home lakeward an additional 10 feet. The
lakeside deck and porch are currently included in the structural coverage calculation and
are covered by roof.
The applicant has proposed two versions of the 2nd story plan. Scheme 1.0, which is the
applicants' preferred option, follows the existing foundation and proposes an
encroachment into the side yard. Scheme 2.0 reflects a 2nd story which meets the
required 10' side setback. Both versions (schemes) are proposed to meet the average
lakeshore setback.
Average Lakeshore Setback Variance
The applicants' existing porch extends approximately 6 feet into the average lakeshore
setback. The applicants are proposing constructing additional basement into the space
under the porch and replacing the porch with heated livable space. The proposed 2nd
story will not encroach into the average lakeshore setback area. The home on the
property to the north is on a higher elevation and is a taller home. The applicants'
proposed encroachment into the average setback, being no greater than existing, should
not adversely affect views of the lake enjoyed by this property owner.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lC Lot Area Lot Width
Required 21,780 s.f. (0.5 acre) 100'
Actual 16,260 s.f. (.037 acre) 52'@ OHWL & 57'@ 75' setback
Structural Coverage:
Total Lot Area Total Structural Coverage
16,260 s.f. (0.37 acre) Allowed: 2,439 s.f. (15%)
Previously Approved: 16.3% (Res. No. 3213)
Proposed: 2,645 (16.2%)
3
FILE #07-3276
13 March 2007
Page 4 of 5
Setbacks:
LR-lC Required Existing Proposed Previously
Approved**
Rear 30' 110'+ house No change 19' garage 18.9' garage
North Side 10' 17.4' house No change 3' garage 1.9' garage
5.3' house
South Side 10' 5.3' 5.7' addition using
existing foundation
Lakeshore 75' 11 0' 11 0'
The existing home (porch) encroaches 6' into the average lakeshore
setback. The applicants are requesting to maintain that encroachment.
Average
Lakeshore **The applicants received approval to encroach 5 'further (I 5' total) into the
average lakeshore setback than exists by Resolution No. 3213. However this
addition was not built.
Hardcover Calculations:
Hardcover Total Area Allowed Existing
Zone in Zone Hardcover Hardcover
0-75 4,240 s.f. 0 s.f 909 s.f.*
(0%) (21.4%)
75-250 11,250 s.f. 2,812 s.f. 3,537 s.f.*
(25%) (31.4%)
250-500 770 s.f. 231 s.f. 284 s.f. *
(30%) (36.8%)
* After exclusion of fabric or plastic-lined landscape beds
Hardship Statement
Previously Proposed Approved
Hardcover** Hardcover
909 s.f.
(21.4%)
3,386 s.f. 3,637 s.f.
(32.3%)
r 284 s.f.
(36.8 %)
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.
The applicants could, by State Statute, rebuild their home in kind and that is in the
opinion of staff what the applicants are doing. The 2nd story addition (Scheme 2.0) will
meet all required setbacks.
4
FILE #07-3276
13 March 2007
Page 5 of 5
Staff finds that the applicants' proposal is reasonable in that the variances requested are
not outside the boundaries of past approvals or the existing conditions. The applicants
have designed the new home to be consistent with the design of the existing home and
altered the main floor only so that they are able to live on one level.
With the exception of the lakeside deck, the 0-75' zone appears to be acceptable with
respect to the hardcover level. The 75'-250' zone however seems to have approximately
251 s.f. of additional hardcover not accounted for in the 1993 variances. Staff feels that
the applicants should remove any hardcover that is in excess of the 1993 approvals.
Issues for Consideration
Are there any other issues or concerns with this application?
Staff Recommendation
Planning Staff recommends approval of the variances to build a new home on the site as
proposed, however the applicant should propose hardcover removals to achieve the
previously approved square footage within the 75' -250' zone as well as remove the
lakeside deck.
5
· e -,~,-A
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# 07"' !lL.1 f,t,
Date Received: · tn,J-z,t J 07
Amount Paid: ,..IJJ~OO~--"-=-' ___ _
Sfaff : &'J~ltwt , t/
Fee: $600 --=---------Renewal: $300 -'----::-------
After -the -fact: $1,200 Double Fee
This application form must be completed in full. Applicant 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:
SiteAddress: 32.'/1 CAS C'.o C..Jl?.C:..LE I OR.ONO 7 -5 'ti
Property Identification Number (PIN): 3 a -z..o -117 -z 3 -1l3 -ooo ~
(Attach legal description to application if not included on the survey.) Lo T . 12-5 Pf:.tNc~ l'~ 1<.1<
Date Property Acquired (month/year): Ju1'CE tq_S"3 □ Yes, I own the adjacent parcels.
Present use of property: 0 Residential □ Other ------------------Zoning District: L-R -tc S1Nl .. 1...1:. t=AM''-" Ll'\f<.E."'Jt-toR.F-
APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party)
Name: R.(!)iiJE('2...T (7. L1Af=..S~t£ A-NO M~R:.Y E... LUE.5S~
Phone (home): q '? :z. If 7 t -~ z, ~ Phone (work):
Address: 2tfoo ,,.,rER..LA,t+EH 12.D APr.'?>0 1 ?l"r.:...1N(:"" ~AIZ.'t::.., Mrl. c;5'3S'+
Email: __________________ Fax:
OWNER INFORMATION: (Complete legal names and marital status required for each interested party)
Name: SA.ME.
Phone (home): ___________ Phone (work):
Address:
Email: ___________________ Fax:
DESCRIPTION OF REQUEST: Estimated Project Cost: $ 3 3 3, t000
Describe the request in detail (attach additional sheets if necessary):
R I:. f-1 L f\ C. I! MA. I N L \:,'IE. I.. 0 r \:. ~ I C::J 'T t ,.. ~ 0 v C., 1:. T K ~ 1 WA~ '\)AM ~ e, e.. ,;> ~ '(
f \ \2-£.. • R ~ P LA.~ G-f:.?',. I&:, i, ,.._,& SC IZ e E. N. PC:,~(:"'' A.to{ t, co ya"-f::. t, D ~c._t.:.. 0 N
LA)::.E.. 'SlDE:. OF 1:\-0USE WITt-\ A 10' X 3 7' A1'17l'1lO~ Tb 1::-ASl:..M E.HT AND
MI\\N t=LOt.)R , -n-t15 \N.ILI-PRO"V l\7~ SPACE. ~Otl:. A BE.OROOM At'-1l7
BATH 01'-f-THE Fl-00~ TO A.c.C.. 1"10\'>ATG:. l:-41',.'NOlCA'f t....lVINC.. •
'
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
15( Pre-Application Meeting Form, completed by a City Planner.
~ Completed Application Form ·
12:i 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/.QeparttnEf11totrinance,
Government Center, A-603 300 South 6th Street, Minneapolis, telep(lone 612-348-5910 ,,)
~ __ Original Certificate of Survey (signed by a licensed surveyor), m~l:ie··re--cfulrements
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, and proposed grading and
-·--arainage. *For lakeshore properties the contours should be shown extending 50' into the
adjacent properties. 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 itemsi/r1ay pe requested by City Staff depending on the scope of the project.*
1,1...AJ I O -(l)u\ -
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:
Applicant's Signature:
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.
Owner's Signature:
Owner's Signature:
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.
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.
First
-::2 'fo
Address
SP
City
Middle
I understand my rights as stated above.
Signature
Last
State Zip Phone
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 Statutes 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 wil1 not be considered.
Please address each of these hardship criteria as they relate to the request (some may
not apply):
1. "The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls."
;'1, A .•
2. "The plight of the landowner is due to circumstances unique to his property not
created by the landowner." C? u tz,.. P {(, o F> i'£. r.,. r, WA':? A L. i:. c,;,, 1,,-n AT n p u, r
Wfi~~ OtJR ~OU(,,'2. Al-t') i.'°01.J/'-.l'OA.T!ON fO~~ ~i\"PAN<;.ID~-.t Wt:.r.z.E. f.;iUU •. 'f.
$UP.,~~~U!iU•-t"r 01<.Dl"{A.NCES ~l.'<'CE. MA-f?!=-IT !'(ON,-C:~::;>N.f-'@!;!.\;'-''UNC~.
No LAND AVAIL A!?:,)._(=-. TO A \ D '(\\.\ LOT w lD'il~ ' L.o,: A.R [:.pi._ HA R\7c.av E.. R._'
3. "The variance, if granted, will not alter the essential character of the locality."
DUR,_ R'~i:Z.~ 01:c S 'f W J L 1... l'(e:J T HA V'f. A ('{E.C-r AT IV 1=.. I /V/ (7,4 C.....T
4. "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the Zoning Chapter."
N,A.
Page 2 of 3
5. "Undue hardship also includes, but is not limited to, inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in
harmony with this Chapter."
N.A,
6. "The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not permitted under this Chapter for property in the zone
where the affected person's land is located."
U<:,\::.. {<'.i::t~,()ffii~"f'jzcf? IS fE.-e.MITT~l)> t.?>Y Q{r'::./;>llll.~NCIS:..~
7. "The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling."
N.A,
8. "The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property." Du R Hou s a A \'\D T'H15.
i-=OUI\/C>ATto/-4 /:'t;,Jz. ti.XP'ANSttiN W~RF-. CON<ioT({t>e:T~t, Tb <::..t;;tv),"?t.-'f
WITH O!Z.i.nNANCP.5 tit fE.,!t:f?"/!ie..., AT Tl-tAT Tll'<'/E., -sue.":::,E..:l?l.)!:..l\{T
cO/aD IN /1, NC$. C{'.t. l", N 6 ~:.-; 14 f'·,.\f /3.. !""IP·, v /:'."::. -rf41'Ji'.'f.1t: /h~ J'',,~ c:> t,,·~ .ri1,r;. ll1"<f,,
9. "The conditions do not apply generally to other land or structures in the district in
whichsaidlandislocated." 1'1Af-n H11,MEs ,..,,_ n+a i)!<i,1·~,tt:.T tt!ZE
(bUl!--T ON TtUo J...,J;; TS ANP C...AM. CcbM FLY W / TH INC.R£A~(cD
Ri'E~Uf /l:..£ ,v;e,.Nrs ,::,;::: C. v,1;:,,12..,/E. MT O ,Ii!.. O!NA N e:!il,.,~;,, R.6.t:;A~ fNNtZ,
,:,.,;,( ':S>ilf. .. e!. $If),~. 'ft\i:;;;1>1 f/ARPC.,.~,)<',£,ti;,. ,.,,Nr> /.t?T' C..Gll/G,.l,:';11:,".'.-,i,i'.;
10. "The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant."
.Etf.CLe>SIHG /0 e ON Li1/<f:.'5·1,'.J;:.~ (JF f-(Ol)~J,;£. llfll..L. 1£Nt'% tftJ;i,'.
rE, f'[Ef,i?:.J'>I'":dV? A/>cf{? li!,'../~, 1'H 4!)/\1 l"1,40V ,:;t,,o,::,i#. 'r'C:J t,1,,C,(t~~.~41':)#;1,,il,r&.:
~~i l~ 4~4 tP t z,,:_ !~ .. '\~?F k. t l/ t. i\S e..~ ,. ~,) ~~ \;~ l q r:\.. t N ~· L f:} e~ (?\ r; t.,:,a /);, \<11.\ ..
11. "The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning
Code."
.. · ..... -.
. . -.. -~ ~ ~-·-
12.
Page 3 of3
"The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty."
\/At2-IA.N.:.r.... Ni!C.E.";,;;tu~.'r ~co AJ...L.e.VU!!,TE:.. !-lARiJ5,fUP
t>c_((.J/.Z.(!'{6 As 'A· RE.S.Ut...T eo,:: I\.IC.R.E::A<!:,i;:..lf? ~E:i::ilUtR.\=:M\~N .. "t'S
P.>'-( su~"7\:..a.V1;:.NT' DR.QIN,A.NC.E.S.
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):
60
0
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0
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WALLS
968.<)
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OF LOT 12,
DESIGNED REVISION DATE
CERTIFICA T OF SURVEY FOR
ROBERT G. LUESSE
SPRING PARK, & ADJACENT VACA TED LAKESHORE
HENNEPIN COUNTY, MINNESOTA
AVENUE
\
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,•\ . LAKE
BLACKTOP
ROADWAY
. DESCRIPTION
1 A
(972,9)
\
\
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LEGAL DESCRIPTION OF PREMISES :
\
\
\
EXISTING
HOUSE
1/3247
\
\
\
MINNETONKA
CARMAN BAY
"'7,/··929.4 CONTOUR LINE
Lot 12, Spring Park, also all that part of vacated Lake Shore Avenue and of the tract of land lying between said vacated
avenue and shore of lake which lies between the easterly extensions of the northerly and southerly line of said Lot 12.
o : denotes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the location of an existing house and garage,
the location of all visible "hardcover", and the proposed location of a proposed addition thereon. It does not
purport to show any other improvements or encroachments.
NOTE: Accuracy of hardcover location, and extent of additional hardcover is limited by ice and snow cover.
I hereby certify that this survey was prepared by me, SCALE
or under my direct supervision, and that I am a duly 1 "=20' $GRONBERG & ASSOCIATES, INC.
DRAWN 1-----.---1----------------------------1 _CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS
ECD
registered Civil Engineer and Land Surveyor under the 1------1
laws of the State of Minnesota. DATE
2-7-07
---._--====~=====~~======================================================~ 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 Ct£CKED
MSG 1---1------:1------------------------------I 952-473-4141
07-033
~~-
Mark S. Gronberg Minnesota License Number 12755
JOB NO.
07-033
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500'
EXISTING HARDCOVER IN ZONE
500-1000'
A House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
"305 LF.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
PROPOSED HARDCOVER IN ZONE'
A House
Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
X
·X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ + B
Width
=
=
=
=
=
=
=
_____ xlOO =
Width
X 100 =
S.F. ------
S.F. ------S.F. ------______ S.F.
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______ S.F.
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HARDCOVER CALCULA~tORKSHEET
P~OPE~,f
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X q2.,3 S.F.-HOV$£
Length Width
SF_W11vr>ow X = 5 . . wfJ ... L--
X S.F. ,
X = 63 S.F.-STON[ ~ er.we,
':i1£P5
B. Garage X ,,, , S.F.-8t).1t,.t),fili.Jq-
C. Driveway \00 ~P,.,!JIJf,t.
X = S.F ..... {.)r'<IIJliW.IJ'/
X "34 S. F. ,... o;J,r,,t:.
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D. Sidewalk X = 44b S.F.-'-Of>JG. WAU(. a~ -NO(l..7µ_ X 63 -SOuTI+ ISJ S.F .... PEA {<l)Ql
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E. Patio/Deck X = 311 S.F.-OEct(
·x s.F.·
F. Landscape X S.F.
Underlain X = S.F.
By Plastic X S.F.
Or Fabric VA~\Ot.JS CONC,
ICJS-WAI.LS, Ar.//Y
G. Other X = S.F.-80R.O£'R.5
TOTAL HARDCOVER IN ZONE 3'511 S.F. A
TOT AL PROPERTY AREA IN ZONE 1 li 250 S.F. B
A .,.. B X 100 '3\ ,l-l·lf %
PROPOSED HARDCOVER IN ZONE.
A. House X = S.F.
Length Width
X = S.F.
X = S.F. PROPOSED
X = \OD S.F.-AO.O\'TfON
NET &AiN
B. Garage X S.F.
C. Driveway X S.F.
·X = · S.F.-··
D. Sidewalk S.F.
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X =
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.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE 3.637 S.F. ·A
TOTAL PROPERTY AREA IN ZONE \ I. "tS'O S.F. B
A B X 100 = v3Ll} %
2--7-07 ~ P/<?1"16: f-"i4tlrt
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HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' <i?0-5~ 500-1000'
EXISTING HARDCOVER IN ZONE
A House
8. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
PROPOSED HARDCOVER IN ZONE.
A. House
Length
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
X
X
. X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN.ZONE
TOTAL PROPERTY AREA IN ZONE
A _____ + B
Width
=
=
=
=
X 100 =
Width
_____ x!OO =
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S.F. ------
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S.F. ------
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S.F. ------
S.F. A ------S.F. B,
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R. G. Luesse -3249 Casco Circle, Orono
Lakeshore Zone o -75'
This lakefront has a very steep slope to the water's edge. Access to the lake
requires a continuous stair to a landing at the water's edge which serves as dock
storage in winter. About one-fourth of the way down the hill (hidden from
neighbors' houses and lake shore) we have an open deck that is our only usable
lakefront. This deck and the stair are elevated enough to permit plant growth
beneath. All construction is surface supported. This avoids disturbing the soil
that might trigger erosion.
The entire steep slope has been treated to prevent erosion. A series of timber
and/or field stone retaining walls hold the hill in place. I continue to experiment
with plantings that will grow in the shade, have aggressive root systems and
serve to slow down the runoff. Our efforts have been very effective. We haven't
had any visible erosion in the 50 years we've lived here. Properties immediately
adjacent on both sides have each had two major mud slides during that period
where large segments of their hillside slid into the water. The next properties
adjacent to those have each had one mud slide in that period -washing out stairs
and covering the beach area with mud.
All of the properties along this frontage of the bay, except ours, have an earth
shelf at the lake shore, created by the material that was cleaned up from the
beach following mud slides. Because we have protected against erosion we
have no usable yard area at the lake. As a result of this unusual circumstance
we find that our structural solutions are essential for reasonable use of the lake
shore.
Buildable Zone -75' to 250'
The hard cover on this area is already substantial. This circumstance has been
mitigated substantially by the way the property has been graded. Starting at the
top of the steep slope near the lake, the lot.continues to rise another 13 feet to
the street (Casco Circle). Before we built this was a continuous. slope toward the
southeast. By judicious grading, I have established three separate and nearly flat
plateaus which are mostly lawn and plantings. This retards the fast runoff that
would otherwise occur. In addition, I am a proponent of organic gardening. I
haven't applied fertilizer or weed,killer to my lawn and garden for years. Instead,
I use composted yard and garden refuse and sphagnum peatmoss to condition
the soil and hand labor to control the weeds. I do not use plastic sheeting or
fabric for weed control in my landscaping. I am making a concerted effort to
protect the lake and to enhance the environment.
ARCH ISTRUCTU RES
Jerry Palms P .E.
Structural Engin eer
416 Hennepin Avenue East
Minneapolis MN 55414
612 / 378 0393 (Voice)
612 / 378 3736 (Fax)
archi structu res@aol .com
February 14, 2007
Robert Lueffe
2400 Interlachen Road #301
Spring Park MN 55384
Dear Robert:
SITE REPORT
LUEFFE RESIDENCE
3249 CASCO CIRCLE
ORONO MN
SALA#
ARCHI STRUCTURES #0701-11
I visited the site with you on Tuesday, February 13, 2007, at the above referenced address
for site observations. The following is a summary of the structural issues we discussed
while on the site:
1.) Capacity of existing footings to support a two-story structure: You showed me a
set of the architectural plans for the original house. The plans and sections seem to
indicate that a 20 inch wide wall footing was used to support the perimeter foundation
walls of the house. If so, this is quite adequate for a two-story house. As well, there were
no signs at all of any settlement, which might have been evidence of undersized footings
and/or weak soils.
2.) Condition of basement foundation walls: The walls are 12 inch thick stack bond
masonry construction. Each course of the wall consists of an eight inch block and a 4 inch
block, alternating with the courses above and below. Because of this construction, there is
no possibility of any vertical steel reinforcing in the wall. You have indicated that the
wall was constructed with horizontal wire reinforcing at the courses.
Despite the inherent limitations of an unreinforced stack bond wall, there is very little
evidence of any wall movement in response to lateral earth and hydrostatic pressures. The
architect's plans indicate an excellent method of soil preparation at the outside face of the
walls, using granular soil against the wall, but then protected with a tamped clay layer to
resist the movement of any ground water toward the walls. You indicated that this system
was applied at your suggestion. As a result, I observed only one continuous horizontal
crack at a mid-height mortar line, about 1/8 inch or so in width, along the west wall.
There was a similar crack along the north wall, but not much more than hairline width. In
ARCHI STRUCTU RES
Jerry Palms P .E.
Structural Engineer
416 Hennepin Avenue East
Minneapolis MN 55414
612 / 378 0393 (Voice)
612 / 378 3736 (Fax)
archi structu res@aol .com
my professional judgment, this masonry wall system is quite adequate for reuse with the
new house.
3.) Exterior masonry wing walls: On the east side of the house facing the lake, I
observed to masonry wing walls. One is a full height 12 inch thick masonry wall in line
with the north foundation wall of the house. This wall retains full height soil on the north
side. In turn, it is braced by a large pilaster at the east end. In my judgment, this wall is in
adequate condition to be reused as a future interior foundation wall to support new floor
and roof structure above. As well, there is a partial height 8 inch thick exterior wing wall
in line with the south foundation wall of the house. Since the finished grade is low at this
wall, it may also be used to support a future full height 8 inch thick masonry bearing wall.
4.) Existing main floor framing: This floor is constructed with 4x10 @4'-0" o.c. timber
joists supported wood decking. We did not observe any fire damage. Thus, if this
structure is compatible with your new design, it could be reused.
There is an intermediate beam line supporting this floor structure. You have indicated that
there seems to have been some settlement of this beam line in the past. A quick
calculation on my part indicates that the existing pad footings below the two posts may be
slightly undersized for the code-required design load. As well, if we plan to reuse this
beam line, I should check the adequacy of the existing beams themselves and their
connection to the posts. The posts themselves, which are only 4x4 timber, are
significantly undersized for the existing design loads, and, if the main floor structure were
to be reused, these ought to be replaced with 6x6 timber or manufactured Parallam posts.
If you would like to discuss this preliminary report with me, please feel quite free to call.
Sincerely,
Jerry Palms PE
Structural Engineer
ARCH ISTRUCTU RES
I hereby certify that this plan, specification
or report was prepared by me or under my
direct supervision and that I am a duly
register professiona~a::r ft der the
laws oft te of Mivuv,.r
February 14, 2007
FEBRUARY 14, 2007 / PAGE 2
-3
March 6, 2007
Ms. Melanie Curtis
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
Re: 3249 Casco Circle
File No. 000139-07000-1
Plat No. 07-3276
Dear Melanie:
We have reviewed the information for the property at 3249 Casco Circle, dated 2/7/07. We have the
following comments with regards to engineering matters:
• The final grading plans should provide erosion and sediment control details.
If you have any questions, please call me at (6 51) 604-4894.
Yours very truly,
BONESTROO
Darren Amundsen
Cc: Tom Kellogg
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
,#-Bonestroo
j
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,i
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ___ 3_2_1_3 ___ _
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISION 9 (C-2),
SECTION 10.03, SUBDIVISION 14 (D),
SECTION 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISIONS 1 AND 2
FILE 11775
WHEREAS, Robert G. Luesse (hereinafter "the applicant") is
the owner of the property located at 3249 Casco Circle within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the
property"): and
'
WHEREAS, the applicant has applied for the fol lowing
variances to the Municipal Zoning Code to permit a 22'x28' addition to
a detached accessory structure, a two story 15'xl6 1/2' addition to
the lakeside of the existing residence and 6'x8' greenhouse addition
to an existing accessory structure as follows:
1. Section 10.03, Subdivision 14
oversized accessory structure.
at 19' instead of the required
line where 30' is required.
(D) -setback variances for
Street setback is proposed
30' and 3' from the side lot
2. Section 10.03, Subdivision 9 (C-2) -variance to allowed
3.
-area for an oversized accessory structure. The applicant
proposes a 1,273 s.f. accessory structure where only a 1,000
s.f. structure is allowed.
Section 10.03, Subdivision 14 (C) -proposed
improvements wi 11 require a lot coverage
Applicant proposes 2,604.5 s.f. or 16.3% where
s.f. or 15% structural coverage is allowed.
structural
variance.
only 2,384
4. Section 10.22, Subdivision 1 -an average lakeshore setback
variance is required for a lakeside addition that will
encroach approximately 15' in front of average lakeshore
setback line.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3213
5. Section 10.22, Subdivision 2 -hardcover variance within the
75-250' setback area is required as hardcover is proposed at
3,386 s.f. or 30.2% where only 2,800 s.f. or 25% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File il775.
2. The property is located in the LR-lC Lakeshore Residential
Zoning District requiring a 1/2 acre or 21,780 s.f. in area.
The property consists of approximately 15,893 s.f.
3. The Orono Planning Commission reviewed this application on
October 19, 1992 and November 16, 1992 and recommended
approval of the proposed variances as amended based upon the
following findings:
a) The proposed garage addition to the accessory structure
shall not encroach further into the side yard than the
existing structure at 3'.
b) There is no adjacent land a vai lab le to acquire.
c) The location of the garage structure in the street
yard, proposed 19' from street lot line, is consistent
with other detached garages within immediate Casco
Circle neighborhood.
d) The two story lakeside addition will be placed 5'
further into average lakeshore setback area as an
existing roofed second floor porch structure is located
10' beyond average lakeshore setback line.
4. 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
variances 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
Page 2 of 5
I
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3213
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.
5. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the
ef feet of the proposed variances on the hea 1th, safety and
welfare of the community.
CONCLUSIONSv ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants variances to the Municipal Zoning Code
Sections noted above that would permit the construction of a 2 8 'x22'
garage and 6'x8' greenhouse additions to detached accessory structure
referenced as workshop and a two story 15'xl6 1/2' lakeside addition
to the principal residence, subject to the following conditions:
1. Upon application for a building permit, applicant shall
provide an updated survey locating all existing structures
and proposed structures on property.
2. Applicant shall remove an 8 l/2'x24' grade level deck to the
north side of the principal structure and replace with a
4'xl2' grade level deck.
3. All new construction shall be subject to requirements of
uniform building code and fire code.
4. The new roof to be installed over workshop/garage structure
shall be constructed so as not to exceed a 4 1/2 to 12
pitch.
5. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one
year of the date of Council approval, or this variance will
expire on that date (December 14, 1993).
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3213
6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a.misdemeanor.
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 14th day of
December, 1992.
allin, City Barbara A. Peterson, Mayor
iJW/2~
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
14th day of December, 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of
the City.
CAROLE A. HASEMAN
NOTARY PIJBLIC-MIHNESOTA
, HENNEPIN COUNTY
. ;, -.,~.;;:/ . ·y ~-· .:::~::::1 [XPIR::C3 6-23-ro
~--_;._,_..-. ~&Cd~ NotayPublic 7
Page 4 of 5
CITY of· ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3213
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
~o & ----r--3 On this ___ c:1----______ day of· 0a.huar~ , 199
before me a Notary Public within and for sad county, personally
appeared obert C-. l se. cL /J1ar IE, lue€.sc: rn'-r::'.,I__
known to me to be the person(s) d scribed in and who executed the
fore going instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
~ p., ·-.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
NOTARY PUBLIC
On this ________ day of __________ , 199, before me
a Notary Public within and for said County, personally appeared
known to me to be the person(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
Page 5 of 5
CITY of ORONO
RESOLUTION OF TIIE CITY COUNCIL
0'30,e, NO. v 11.J ,::, c~·
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C) (2) AND
SECTION 10.03, SUBDIVISION 14 (D)
FILE NO. 1863
WHEREAS, Robert G. Luesse (hereinafter "the applicant") is the owner of the
property located at 3249 Casco Circle within the City of Orono and legally described as follows:
Lot 12, Spring Park, Hennepin County, Minnesota (hereinafter "the property");
and
WHEREAS, the applicant has reapplied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 9 (C) (2) and Section 10.03, Subdivision 14 (D) to
permit the construction of a 22' x 28' garage addition to an existing accessory structure located
2' 4" from the north side lot line where a 30' setback is required and a variance to the allowed
area for an oversized accessory structure as accessory structure is proposed at 1,288.35 s.f.
where only a 1,000 s.f. structure is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1863.
2. The property is located in the LR-IC Lakeshore Residential Zoning District
requiring one-half acre or 21,780 s.f. in area. The property consists of
approximately 15,893 s.f.
3. The Orono Planning Commission reviewed this application on September 20,
1993 and recommended approval of the amended variances based upon the
following findings:
A. The proposed garage addition to the accessory structure shall not encroach
further into the side yard than the existing structure.
Page 1 of 5
Form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
(~ ~ (" ('' NO. Q)) r:.) .:·, ; 1
B. The adjacent neighbor to the north side of the subject property has already
approved an addition to the accessory structure as long as it extends no
closer to the shared lot line than the existing accessory structure.
C. On December 14, 1992, Council approved Resolution No. 3213 that
granted approval of the following variances for improvements to this
property:
1) Section 10.03, Subdivision 14 (D) -Approved street setback
variance for oversized accessory structure proposed at 19' instead
of required 30'.
2) Section 10.03, Subdivision 14 (C) -Proposed structural
improvements resulted in the need for a lot coverage variance
proposed at 2,604.5 s.f. or 16.3 % where only 2,384 s.f. or 15 %
is allowed.
3) Section 10.22, Subdivision 1 -Average lakeshore setback variance
approved for a lakeside addition that will encroach approximately
15' in front of the average lakeshore setback line.
4) ··· Section 10.22, Subdivision 2 -Hardcover variances were approved
within the 75-250' setback area. Hardcover was proposed at 3,386
s.f. or 30.2% where only 2,800 s.f. or 25% is allowed.
4. 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
fonn 5005 Disk 0n,no
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Q 6'.::) C) C~ NO. ~~ (!.:,> C,d u
5. The City Council has considered this amended variance application including the
findings and recommendations of the Planning Commission, reports by City staff,
comments by the applicant and the effect of the proposed variance on the health,
safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Sections 10.03, Subdivision 9 (C) (2) and
Subdivision 14 (D) to permit construction of a 22' x 28' garage addition to an existing detached
accessory structure, subject to the following conditions:
1. Construction of the 22' x 28' garage addition shall be subject to all requirements
of the Uniform Building Code and Fire Code.
· 2. All other conditions set forth in Resolution No. 3213 governing the improvements
and new construction for this property are once again referenced and adopted for
this current renewal.
3. Authorities granted by this variance run with the property not with the applicant,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire ori that date (September 27, 1994).
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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Page 3 of 5
Form SOOS Disk Orono
CITY· of ORONO
RESOLUTION OF THE CITY COUNCIL
() (-'":i ... -. NO. 0, ,,j <· :,
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 27th day of September, 1993.
Property Owner ( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
September, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
CAROLE A. HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
MY COMMISSION EXPIRES 8-23-96
Notary Public , -
Page 4 of 5
Form 5005 Disk Orono
' C
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF TIIE CITY COUNCIL
NO. !13 C:? D
On this :2 1 t[; day of J'e;J-f?-tYJ!Jer , 1993 before me a Notary
Public within and for said county, personally appeared /2tJ bt'rl-? Lwsse. I (tJ CZ o~: c"/
____________ 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.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
STATE OF MINNESOTA )
NOTARY PUBLIC
) ss.
COUNTY OF HENNEPIN )
On this ________ day of __________ , 199_ before me a Notary
Public within and for said county, personally appeared _______________ _
------------known to me to be the person(s) described in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
Page 5 of 5
fom, 5005 Disk O..no
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INITIAL COMPLAINT Rf ORT
Orono Police Department : j.,;7-
Control Number CAG Date
MN0271500 O.1-/l(-0f,
BADGE How Rec'd Time Reported Time Assign Time Arrive Time Clear
,SDs lZ -) O;J? I 0917
Grid Place Committed
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MOC Code ucs
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02
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COMPLAINT
P.C. NAME
vie c
ADDRESS
CITY
PHONE Home Work
P.C. NAME (JI/)
ADDRESS
CITY
PHONE Home Work
P.C. NAME
ADDRESS
CITY
PHONE Home Work
COPY TO: Im 5) @±1 fggJ
CO. ATTNY. D CITY ATTNY. D
DISPOSITION: Unfounded 0
p
COURT D
STATE
Mr-..i
(First)
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STATE
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(First)
STATE
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CHIEF 0
Cleared By Arrest 0
OFFICER'S~ .£,
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ZIP
P.C. Codes
Suspect= Sus
Reporting Party = RP
Offender = Of
Witness = Wit
(Middle)
(Middle)
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DOB
SEX
Q"Dr,· r
(Middle)
IMP CONS. 0 INV. 0
Victim= Vic
Owner=Own
Driver= Dr
Other= 0th
Assisting Units:
J7a/ro
RACE
RACE
cso 0
Arrest __ Citation --
Warning __ Jail __
Detox__ Tab Charge --
Video Tape Audio Tape --·
Impound: Auto --Plate __
Prop Inventory_ Ace Report--
Imp Consent --
Influence Report__ Photos __
Comm Vehicle Rpt
Overweight__ Statements __
ROLLCALL--
OTHER 0
Ref. Other Agency 0 Inactive O Other:
Supervisor Arrest
Revjew
/') 2 er\ 3
.... --
RUN DATE: 2/6/2007
38 20-117-23 42 0031
3486 IVY PL
D S &KJOWEN
DAVIDS &KAY J OWEN
3486 IVY PL
WAYZATA MN 5539 1
38 20-117-23 43 0008
3249 CASCO CIR
R G LUESSE ETAL
ROBERT LUESSE
2400 INTERLACHEN RD APT 30 1
SPRJNG PARK MN 55384
38 20-11 7-23 43 003 1
38 ADDRESS UNASSIGNED
THE CASCO CO
CITY OF ORONO PARKS
PO BOX66
CRYSTAL BAY MN 55323
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY vWNERS LIST)
38 20-11 7-23 43 0006
3466 IVY PL
J GARY TUCKER
J GARY TUCKER
3466 IVY PL
WAYZATAMN 5539 1
38 20-117-23 43 0009
3247 CASCO CIR
LUC ILLE CARLSON
LUCILLE CARLSON
3247 CASCO CIR
WAYZATAMN 55391
38 20-11 7-23 43 0053
3271 CASCO CIR
PA TRJCK J NEUVILLE
PATRJCKJ NEUVlLLE
3271 CASCO CIR
WAYZATAMN 5539 1
,.
i''<.~;.:: (;
,DEPARTMENT.
38 20-117-23 43 0007
3251 CASCO CIR
M GAYLORD & LA ANDERSON
MARK GA YLORD/LORJ ANDERSON
3251 CASCO CIR
WAYZATAMN 55391
38 20-11 7-23 43 0010
3243 CASCO CIR
GEORGE E/MARJL YN K MILEUSNIC
GEORGE E MILEUSNIC
3243 CASCO CIRCLE
WAYZATAMN 55391
PAGE:
DJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
[print name(s)]
have reviewed the plans for the proposed improvement or proposed use of the property located at
J2?'9 c:::Jscc, Ct~. also referred to as Land Use Application No. ____ .
p rope rty'c:>wner Date
Property Owner Date
*************************************************************************************************************
I (we) ______________ of ____________ _
[print name(s )] [print address]
have reviewed the plan$ for the proposed improvement or pmposed use of the property located at
3·l,'!9 i:;.,t1, "'.1c ~als?_ referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
Property Owner Date
Property Owner Date
67-/J t
e; I
I I
I
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 1 O days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
for the proposed improvement or proposed use of the property located at
-"-""--'----'---'---~~-"'---'---::......;..;:.__ also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
l / ;
{ i ri. f~' try\ ..
Property ovyh~r·
I I v
Date
*************************************************************************************************************
have review~d the plan$ for the proposed improvement or proposed use of the property located at
'::\ ,;:;i '·{ ''\ l Cl)t als?_ referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I (we)
am (are) aware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM
I (we) ~~~~t_c...~~~~~-~~~)./)~~-~---of 3:Z..~ ( LA-S C. 0 e g .
[print name(s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
5 2-':{ 4 &4-?UJ (!,/2.. also referred to as Land Use Application No. ___ _
I (we ) understand that in e xecuting this acknowledgement, I (we) am (are) not asked to declare
appro val or d isapproval of the property or use but merely to confirm for the City Council that I (we)
am (are ) a ware of the improvement plans and that the proposed neighbor's project or use requires
Council approval.
Pr~rt~~~ Date
£-a~
Prop e rt y Ow ner Date
*************************************************************************************************************
I (w e ) _____________ of ___________ _
[print name(s )] [print address]
have rev iewe d the pl a n? for the proposed iiT1p rovement or proposed use of the property located at
__________ also referred to as Land Use Application No . ___ _
' .. ~ .
I (we ) understand that in executing this acknowledgement , I (we) am (are) not asked to declare
approval or disapproval of the property or use but mere ly to confirm for the City Council that I (we)
am (a re ) aware of the improvement plans and that the proposed neighbor's project or use requires
Coun c il approval.
Pro pe rt y Owner Date
Propert y Ow ner Date
If yo u ha ve a ny information that ma y as sist the C it y in the re v iew of this Land Use
A pp licat io n, please subm it your comments to the Building & Zoning Office at least 1 O da ys
pri o r to th e sc hed u led meeting date .
Hennepin County Variance M ::i.p Page 1 of 1
Hennepin County Taxpayer Services: Variance Labels
This is not a legally recorded map. It represents a compilation of information and datafrom City, County and State authorities.
--------------------
.,
I
/
/
(31)
Parcel Information:
Parcel ID: 20-117-23-43-0008
Owner Name: R G LUESSE ETAL
Parcel Address: 3249CASCO CIR ORONO MN, 55391
Buffer Size: 150 ft.
' 20·117·23-41
I
I
20-117-23-44
I .
I
Date Printed: 2/6/2007 10:26:29 AM
http://bugle/varianceBeta/popMap.aspx?LayerID=91&0bjectID=189812&Buffer=150&Co... 2/6/2007
13. 07-3276 ROBERT G. LUESSE, 3249 CASCO CIRCLE, VARIAN CE, 10:09 -10:37 P.M.
Robert Luesse, Applicant, was present.
Curtis stated the applicant's home was damaged by a fire that occurred in March of 2006. The
applicants like the style of their existing home and would like to build a new home on the existing
foundation, keeping the same style of home but reconfiguring the internal dimensions, with a proposed
small lakeward addition conducive to one-level living ... The addition is to allow adequate room for a
bedroom which is driven by a health condition. The applicants have also proposed to construct a small
second story to provide room for their growing family to visit. Their intent is to construct a home which
mirrors the one they have lived in for many years and they intend toµ~ethe same gravel-style roofing
material thus keeping the pitch of the roof to a minimum as well.
The applicant is requesting the following varian:cesin order to rebuild a home on the property by
reusing the existing foundation and add a second story:
1. Lot area and lot width variances to allow redevelopment of a lot 16,260 square feet in area and
52 feet in width at the OHWL and 57 feet in width atthe 75:.foot setback where 21, 780 square feet in
area and 100 feet in width are normally required;
2. Hardcover variances within the 0-75 foot zone for 21.4 percent (909 square feet) hardcover
where q.percent is normally. required and 21.4 percent currently exists, and within the 75-250 foot zone
for 32.3percent (3,637 square feet) hardcover where 25 percent is normally allowed and 31.4 percent
currently ex,ists, and within the 250-500 foot zone for 36.8 percent (284 square feet) hardcover where 30
percentis normally allowed and 36,8 percent currently exists;
3. Lot coverage by structure variance to allow 16.2 percent where 15 percent is normally allowed
and 15 .6 percent currently exists;
4. An average lakeshore setback variance to allow a six-foot encroachment into the average
lake shore setback for a portion of the home;
5. A side yard setback variance for the first level of the proposed home to be set back as close as
5 .3 feet to the side lot line where a 10 foot setback is required and a 5 .3 foot setback currently exists in
order to reuse the existing foundation of the home.
Planning Staff recommends approval of the variances to build a new home on the site as proposed.
However, the applicant should propose hardcover removals to achieve the previously approved square
footage within the 75-250 foot zone as well as remove.the lakeside deck.
Luesse stated they would like to rebuild following afire they experienced at their residence and that
they would like to expand the main floor to accommodate their needs as they grow older. Luesse stated
they would like to rebuild on the existing foundation even though it does encroach into the side yard
setback. Luesse noted the side yard requirement at thy time the house was originally constructed was
five feet.
Luesse stated the hardcover can be reduced.to comply with Staff's recommendation. Luesse noted this
area has experienced some mud slides in the recent past and that the deck was built in its present
location because it helps to protect the existing hillside.
Acting Chair Kempf opened the public hearing at 10:20 p.m.
There were no pµblic comments regarding this application.
Acting Chair Kempf closedthe public hearing at 10:20 p.m.
Z:11110 stated she would liketQ see the side yard setback requirements complied with and that she does
n◊t sey the necessity to replace the hardcover in the 0-75 foot zone.
Kempf inquired how old the stairway is.
Luesse stated the stairway was constructed after the house was built and is at least 35 years old.
Kempf commented the stairway appears to be getting to the point where it should be replaced.
Luesse inquired whether Commissioner Zullo's comments related to the stairway or the deck.
Curtis noted a stairway is allowed down to the lake along with a landing of 12 square feet in the 0-75
foot zone.
Zullo stated she does not see the need to remove the decking at this point in time.
Kroeger inquired whether the average lakeshore setback would be calculated from the outer point of the
deck rather than the comer of the house.
Gaffron stated in this situation, if this is a grade level deck or no higher than six feet above grade, it
would be measured from the house. Gaffron stated he is unsure what the topography in the area is.
Luesse stated the deck extends approximately eight or nine feet out
Gaffron stated that would change the average lakeshore setback line:
Kempf stated the deck and stairs appear to be getting due.for replacement. Within the Q.;75 foot zone
there is a large deck and that the portion of the stairway that accesses the other set ofstairs is five feet
wide and then there is a third deck. Kempf stated the uppermost deck is.v~ry close to the grade of the
front yard and that that deck should be removed outofthe 0-75 foot zone. Kempf stated it is his
impression that the stairway and landings are out of compliance and should be replaced in some fashion.
Gaffron stated the decks are nonconforming and can be replaced in kind but not expanded.
Rice commented the applicant is able. to replace the house in its current location and asked if the second
story fits within the setback.
Curtis stated the applicant would like<the second floor to be on the same exterior wall as the first floor to
allow for a three bedroom configurati<;m on the top level.
Kempfihquired whether the.cap would beremoved and then the house rebuilt from that.
Luesse stated it would be.
Kempf11oted the engineer's report states it is impossible to fill the block foundation and that there is a
long horizont~l crack in the wall, which suggests failure of the foundation. Kempf stated he was able to
move the blocks in the area of the crack that he observed on the exterior of the house and that he has a
concern with constructing a new house on top of the existing foundation.
Curtis noted there is an engineering report that is included in the Commissioners' packets.
Luesse stated he was very careful to have the engineer check the items that Commissioner Kempf
referred to. Luesse stated the wing wall located on the north side of the house did move approximately
15 years ago and that he did put some pilaster in that area to support that section of the foundation.
Luesse stated he is interested in constructing the new residence on a solid foundation and that the
existing foundation is solid.
Winer inquired whether the applicant has considered rebuilding the entire house
Curtis stated the City Engineer has reviewed the report submitted by the applicant's engineer and that
the City Engineer did not note any specific concerns.
Zullo inquired whether the applicant should rebuild the lakeside decks.
Curtis stated those were mentioned in the report to allow the Planning Commission to. discuss that item
as part of the overall application.
Zullo inquired whether the stairway and landings could be removed and replaced with one stairway
without the landings.
Curtis stated it could but that the applicant has the right to replace what is existing. Curtis stated the
second level porch and deck would be considered structure and that the applicant is proposing to fill that
area in as livable space. Curtis noted the structural C(Jverage on the lot would not increase.
Curtis distributed a letter from Lucille Carlson, 324 7 Casco Circle, regarding the project. Carlson has
indicated she does not object to the proposal to rebuild on the existing foundation, including adding a
second story.
Luesse stated he did discuss this project with the neighbor.
Rice moved, Winer seconded; to recommend approval of Application #07-3276, Robert G. Luesse,
3249 Casco Circle, granting of lot area and lot width variances; hardcover variances within the 0-
75 foot zone, the 75-250 foot zone, and the 250-500 foot zones; lot coverage variance, an average
lakeshore setback variance; and a side yard setback. VOTE: Ayes 7, Nays 0.
March 19, 2007
City of Orono
Dear Sirs:
I am the resident on the immediate south side of Luesse property. I have reviewed their
plans as submitted. I do not object to their proposal to rebuild on the existing foundation,
including adding a second story. I am aware that the setback from our shared lot line is
only 5.3 feet at the closest point.
The lakeside deck located partway down the steep slope is out of our usual sight lines and
has not caused a problem for us over the years. I do not object to its retention.
Ifl can be of further help, call me at 952 471 8246 .
. Lucille Carlson
3247 Casco Circle
Wayzata, MN 55391
/2;JGed~
March 19, 2007
City of Orono
Dear Sirs:
I am the resident on the immediate south side of Luesse property. I have reviewed their
plans as submitted. I do not object to their proposal to rebuild on the existing foundation,
including adding a second story. I am aware that the setback from our shared lot line is
only 5.3 feet at the closest point.
The lakeside deck located partway down the steep slope is out of our usual sight lines and
has not caused a problem for us over the years. I do not object to its retention.
If I can be of further help, call me at 952 471 8246.
Lucille Carlson
3247 Casco Circle
Wayzata, MN 55391
~ . __,, ~/4 l J/<., ji/4 ~/)
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CERTIFICA T OF SURVEY FOR
ROBERT G. LUESSE
OF LOT 12, SPRING PARK, & ADJACENT VACATED LAKESHORE AVENUE \\J".,···· ... . · . LAKE
HENNEPIN COUNTY, MINNESOTA
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MINNETONKA
CARMAN BAY
BLACKTOP
ROADWAY
(972.9)
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HOUSE
#3251
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LEGAL DESCF~IPi'ION OF PREMISES :
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#3247
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Lot 12, Spring Park, also all that part of vacated Lake Shore Avenue and of the tract of land lying between said vacated
avenue and shore of lake which lies between the easterly extensions of the northerly and southerly line of said Lot 12.
o : rl~notes iron marker
(908.3): denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
Be.orings shown are based upon an assumed datum.
This survey shews the boundaries of the above described property, the location of an existing house and garage,
the location of all visible "hardcover", and the proposed location of a proposed addition thereon. It does not
purport to show any other improvements or encroachments.
NOTE: Accuracy of hardcover location, and extent of additional hardcover is limited by ice and snow cover. ~DE-SIG-NE_D __________________________________________ ,
SCALE
1"=20'
DRAWN
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REv1s10N DATE ·DESCRIPTION $G RQNBERG & ASSQCIA TES, INC.
1----1------1------------------------1 CONSULTING ENGINEERS, LAND SURVE.YORS, & SITE PLANNERS
I hereby certify that this survey was prepared by me,
or under my direct supervision, and that I om a duly
registered Civil Engineer and Land Surveyor under the
lows of the State of Minnesota. t---D-A-TE---1
1--cHE-C-KE-
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MSG 1----+--~1------------------------------t 952-473-4141
07-033
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Mork S. Gronberg MinnesotoLicenseumer 12755
2-7-07
JOB NO.
07-033
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@ CERTIFICATE OF SURVEY FOR
ROBERT G. LUESSE
OF LOT 12, SPRING PARK, & ADJACENT VACA TED LAKESHORE A VENUE
HE.NNEPIN COUNTY, MINNESOTA
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Lot 12, Spring Park, also all that part of vacated Lake Shore Avenue and of the tract of land lying between said vacated
avenue and shore of lake which lies between the easterly extensions of the northerly and southerly line of said Lot 12.
o : denotes iron marker
(908.J): denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
Bearings shown ore based upon on assumed datum.
This surv.ey shows the boundaries of the obov~ described property, the location of an existing house and garage,
the location of all visible "hardcover", end the proposed location of a proposed addition thereon. It does not
purport to show any other improvements or encroachments.
NOTE: Accuracy of hardcover location, and extent of additional hardcover ls limited by ice and snow cover.
~
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_ _ _ ·• • 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 ":~ t==::!====:!======================================~ . 952-473-4141
orhei~t ~rti~re~t\ii~~~vf~~~~y o:d05th~ero~~ ~ydu1lt
registered divil Engineer and Land Surveyor under the
lows of the Stote of Minnesoto.
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Mork S. Gronberg Minnesota_ l~ense Number 12755
07-033
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JOO NO.
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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 Statutes 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. ''The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls."
1'1, A
2. "The plight of the landowner is due to circumstances unique to his property not
created by the landowner." ou WA t.. Pl LCq'
W~e~ OUR ~OU~ A~~ fOU
$ Ul3•'::d::. T ORD "{AN C E'5' C'? •
No Lt\Nt> AVAILAi?:>i-1=.. To AID ·1\\\ LoT w1.on-1 u,, A.Ria~ HARl?c.a I<.,
3. "The variance, if granted, will not alter the essential character of the locality."
OU~ Re.~ NDT HAV'ii t{E.6ATIVG_ 1/V/PALT
ot<. A
4. "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the Zoning Chapter."
Iv.;:,,"
Page 2 of 3
5. "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."
6. "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."
V'? r;;, IS fEe..M TT l)
7. "The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling."
A.
8. "The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property."
UN
9. "The conditions do not apply generally to other land or structures in the district in
which said land is located."
10. "The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant."
I::-ti C Le>
11. "The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning
Code."
Page 3 of 3
12. "The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty."
\IA~IANLe.. Nt:rc '7$AR)' rf-Alt:v
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):
2-Z.(-D7
i -r o TA L k or A RE.A . , t '7) 7 9 5 s. i~
7/. I!? ·f· ·F,, 32. ~-/ 2 /f, ,;-: 2 = &. z, z '5"
2,;-0,qr -r 2-S-G,ir0 -::501.¥1 .r.; z: ;..~~.73
~ Z • z. ~ x '4-. c; ~-7 3 -:. . I 5. 7 tJ)} 5. F .,-
' E ·rz,u,, l ,/' ., ..
CA 'll'' .t:, z '· .. ''"'>'' zz,.3 y,· ~{, Jf,,,S<-l lo Z.b ~ {) ()
S\.-\oF I!!, 5" ;,( ~. 2"~a ~.J'• :) (o7t1, bz_
H 0\) SE 3t ;r )(, 21, 1.f ?J"1 1t. ff)
CH I M N Ii '1' I 1f. t ,<, a I z.,. }5 } • c,z
?' (P Is. c_ 1:-\ fie t .;-),( {(). 0 I &, '1. 00
v~c (<.. 2 I, 0 ~ $". 0 /0':J, 00
-;:: Io '5',,(!)o
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.*)
Street Address: Mailing Address:
P.O. Box 66
For Office Use Only: {
2750 Kelley Parkway
Orono, MN 55356 Crystal Bay, MN 55323-0066
City Planner: /V1t tl
Meeting Date/T-im_e_: ~\ ...,..i_/l_f--;,l'l.....,'J,-J--Z--o-(,-7-----
Main: 952-249-4600
Fax: 952-249-4616
PC Date:
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create
opportunities or problems for the proposal.
PROPERTY INFORMATION: ·
S·t Add --7--.:'1 t,.,\ /!i (' ar Ct' r I .1 ' .1! r; 1 e ress: J v Vt ,M > ·IJ (j, v···t:, • c,.,.
Property Identification Number (PIN):
Zoning District: t.A2--· i {/ Size of Property: -----------
DESCRIPTION OF REQUEST:
Average Setback )1;$ide Yard Setback □ Rear Yard Setback
Hardcover }(Lot Coverage ~Lot Area
Other:
□ Front Yard Setback
P.(LotWidth
Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form,
Initials: 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.
*Please note: Your variance application will NOT be accepted without a pre-application
meeting during which this form will be completed by City staff.
CITY of ORONO
9 March 2007
Robert G. and Mary E. Luesse
2400 Interlachen Rd. Apt #301
Spring Park, MN 55384
Street Address:
2750 Kelley Parkway
Orono, MN 55356
SUBJECT: Zoning Application #07-3276
Engineer Comments
Municipal Offices
Mailing Address:.
P.O. Box 66
Crystal Bay, MN 55323-0066
Please see the enclosed comments from our City Engineer regarding your zoning application.
Please call me at 952.249 .4627 or contact Darren Amundsen at 651.604.4894 should you have any
questions.
Sincerely,
City of Orono
Melanie Curtis
City Planner
encl
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
MEMORANDUM
Date:
To:
From:
RE:
1 March 2007
Tom Kellogg
Melanie Curtis, City Planner
File #07-3276 / 3249 Casco Circle
This application is for the construction of a new home (with added 2 nd story) above an
existing foundation. Please review the enclosed information and provide comments to
me by Friday, March 9th for the March 19 Planning Commission meeting.
Please call me at 952.249.4627 if you need additional information or if you have any
questions on the attached information.
Thank you, Md {llu)
CITY of ORONO
1 March 2007
Robert G. and Mary E. Luesse
2400 Interlachen Rd. Apt #301
Spring Park, :MN 55384
Street Address:
2750 Kelley Parkway
Orono, MN 55356
SUBJECT: Zoning Application #07-3276
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 variances in order to construct a new home on your property located at 3249 Casco
Circle. Our preliminary review indicates that your application is complete.
Your application is scheduled to appear before the Planning Commission on Monday, March 19,
2007. 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,
City of Orono
Melanie Curtis
City Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
TRACKING SHEET
FILE NO. 07-3276 _
Staff: kt?{~
SITE ADDRESS : 3249 Casco Circle
Applicant: Robert G. and Mary E.Luesse
Address : 2400 Interlachen Rd. Apt. 301
Spring Park, MN 55384
Owner: Robert G. and Mary E. Luesse
Address: 2400 Interlachen Rd . #301
Spring Park, MN 55384
□ Meeting with Staff Date: L,,\/utl 01
Application Completed i1~ i\ 1Jt. \ 06J Day: ~ I . l ,4 □ Date: •r f I ( 1
□ Incomplete Notice Sent Date:
Copy of Application Sent to:
__ Engineer _ County DNR MCWD LMCD
D Property Owners Notified : Date: --------
□ Legal Notice Published Date : --------
PC Meeting(s): Vote: ---------------------
Vote : ---------------------
Vote: ---------------------
D Notice of PC Action :
City Council Meeting(s): _____________ Vote : A,?f~
Vote: -------------------
Vote : --------------------,---
□ Resolution: