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HomeMy WebLinkAboutProject PacketCITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 952.249 .4600 TO: Gary & Joan Marquardt 2617 Casco Point Rd Wayzata, MN 55398 TYPE OF APPLICATION: Variances DATE OF MEETING: 8 December 2014 VOTE: 3-1-1 3-FOR 1-AGAINST 1-ABSTENTION ZONING FILE: #14-3697 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 11 December 2014 COPIES via Gary & Joan Marquardt Email: Motion: The City Council voted 3-1-1 in favor of a motion to adopt Resolution "Option B" which was drafted for approval of side and rear setback variances allowing the second-story additions to take place, and denial of hardcover and structural coverage variances which would allow for construction of a deck as requested. A copy of the adopted resolution is enclosed for your reference. Please arrange to sign the original at the City offices prior to issuance of building permits for the second-story addition. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Additionally, on-demand video re-play of the Council meeting is available on the City's website: www .ci.orono .mn .us . If you have questions please contact Melanie Curtis, at mcurtis@ci.orono.mn .us or 952.249.4627 . • Council 12/08/14 Item Description: #14-3697, Gary & Joan Marquardt, 2617 Casco Point Rd -Resolution Zoning District: LR-lC, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 16,994 square feet {0.39 acre) Lot Width: 47' at the OHWL & 64' at the 75' setback Application Summary: At the last meeting the applicants requested approval of variances to permit 2nd story and deck additions to their existing home. At that time there appeared to be support for granting the necessary setback variances to permit the second story additions. However the majority of the Council did not support the requested structural coverage variance to permit a new lakeside deck and stair. The application was tabled to allow the applicants to consider a redesign or reduction to be reconsidered tonight. The applicants have provided a revised plan with a reduced deck 190.97 square feet in area and extending approximately 9 feet from the house, where previously a 288 square foot deck extending 15 feet from the house was proposed. They continue to propose the removal of the 60 square foot south stair and landing area, the existing 194.54 square foot patio near the house as well as pergola/arbor on the rear of the house which was not previously included in the calculations . The current requested approvals are for 3,164.4 square feet of structure (18.6%) which is 203.4 square feet over the 2001 approved level; and 27% hardcover where 28.4% currently exists (a 242.5 square foot reduction in hardcover). Discussion The applicants_ would like_ t~e counci_l to consid~r the reduced deck.{Jj Staff prepared two separate resolutions for consideration tonight : Option A approves the revised variances as requested and Option B is split into a denial of the structural coverage and hardcover variances and approval of the setback variances permitting the second story improvements . STAFF RECOMMENDATION Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home. However as indicated within the staff report planning staff continues to recommend the structural coverage and hardcover variances be denied. COUNCIL ACTION REQUESTED The Council should review the applicants' revised proposal and consider adopting or amending one of the attached resolutions . 1}vi h,~ 'f t?vt Ct~ ·~ (O~J f ~cf- fr\ llVl 6/ I@ -W 4-b CttCvoPW 7lllfpvv1-6 -fN, citec:~ ,, \\ tto/11~ tI crytn~ .fpy Cf dei~ ilwil(.'k-~~ 1ht: dee:¥,, . (,}-WCtS jlA.~t-a \-fl-l~~uV w!lf!b +o af f (l;\'t)?v14-sfwlf,V' ,n 1J" ~ lAU -ophon ,o UtZLVVY1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2014 6:30 o'clock p.m. #14-3691 SOURCE LAND CAPITAL, LAKEVIEW PROPERTY, 405 NORTH ARM D 'MINARY PLAT WITH PRD OVERLAY -RESOLUTION NO. 6474, Continued) stated the culverts were one item but the culverts are a little different tha has previously asked if there was drain tile from the golf course ov Hiller stated their eng · rs have informed them that there is no drain tile in tha ea . Hiller stated Lot 21 has a low depression t tends to puddle in the spring, which will be re-gra ed into a normal drainage path. Hiller stated it is their intention at t · time to relocate the septic si -near Ms. Hager's property but that it is subject to the perc test results. Hille tated their septic desi .· r is 90 to 95 percent certain that it will pass the perc testing . Hiller stated that is e best they can d t this point given the weather. Levang stated she appreciates the neighbors ' atience an respect during the application process and that the City Council has attempted to see th e neighbors ' co ems have been addressed as best as possible . Brenda Johnson stated she als ppreciates the cooperation from the · veloper as well. Johnson stated she is disappointed, howe , that the City is not accepting ownership o · e outlot as a park, but that she ity for keeping the residents up to date on the pro Bremer mov , evang seconded, to adopt RESOLUTION NO. 6474, a Reso ·on Approving a Prelimina Plat for Lakeview, a Residential Subdivision at: 405 North Arm D e (a/k/a Lakeview Golf C rse), Property Identification Nos. 06-117-23-32-0003; 06-117-23-33-0005; 117-23-33- 000 , 06-117-23-34-0002; and 07-117-23-12-0001 . VOTE: Ayes 5, Nays 0. 11. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD- VARIANCES City Planner Melanie Curtis stated at the last Council meeting that the applicants requested approval of variances to permit a second-story and deck additions to their existing home. At that time there appeared to be support for granting the second-story additions but the majority of the Council did not support the requested structural coverage variance to permit the new lakeside deck and stair. The application was tabled to allow the applicants ' time to reconsider a redesign or reduction in their plan to be considered tonight. The applicants have provided a revised plan with a reduced deck consisting of 190 square feet in area and extending approximately nine feet from the house . The applicants continue to propose the removal of the 60 square foot landing area and the existing patio on the lakeside of the house and the pergola, which accounts for 60.27 square feet of structural hardcover. The current requested approvals are for 18.6 percent structural coverage, which is 203 square feet over the 2001 approval , and 27 percent hardcover where 28.4 percent currently exists. The applicants ' plan results in a 242 .5 square foot reduction in hardcover . Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 20l4 6:30 o'clock p.m. (II. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO EOINT ROAD-VARIANCES, Continued) The applicants would like the City Council to consider their reduced deck proposal tonight. Staff has prepared two resolutions for consideration tonight. The first option approves the revised variances as requested by the applicants. The second option is split into a denial of the structural coverage and hardcover variances and approval of the setback variances permitting the second story additions. Staff recommends approval of the variances for the second-story improvements but continues to recommend denial of the structural coverage variance. The Council should review the applicants' revised proposal and consider adopting or amending one of the resolutions. Gary Marquardt, the applicant, stated they have tried to understand where the City Council is coming from on the structural coverage limit. Marquardt indicated he has looked at the appeals and adjustment rules, and the salient factors in there are ones that he can reconcile in his head. Marquardt stated he is wondering, in light of what they have done, how they apply. The rules state that variances shall be permitted when they are in harmony with the general intent and purposes of the ordinance. Marquardt stated in his view the intent of the ordinance was to try to have 75 percent of Orono to be green space in total, but when you have lots that were deeded long ago that are pie-shaped and narrow in the front, it can become an issue. Marquardt stated in his view those define a practical difficulty. Marquardt stated the next items talks about it being a reasonable use, and that he has heard no arguments that this would not be a reasonable use of the property. Marquardt stated they have personal reasons for the deck that the Council cannot consider but that they are worth noting. Marquardt noted the essential character of the locality consists of a deck on every home in the neighborhood except this house. Marquardt stated they did not create this nonconforming lot, which is the biggest issue they have in defining the practical difficulty. Marquardt stated since the last meeting, they have looked over their property looking for additional items that can be removed. Staff displayed an aerial photo of the property. Marquardt pointed out the narrow area where their dock is located and the larger oval in the middle of the property where the deck will be tucked in. Marquardt stated every neighbor is in favor of the deck. Marquardt stated they felt it would be good faith to remove other areas of hardcover on the property wherever possible and that they have ended up with 67 square feet net gain in overall hardcover, which seems to be a very small request. Marquardt stated in their view there is the barest justification for denial of their request. Marquardt stated he understands the Council has to make a decision, but that in his view if every single citizen in Orono would see what is being proposed, the only people who might vote against it are in this room. Marquardt stated the biggest fear appears to be that somebody else or a number of other people will request a deck. Marquardt stated if someone has a similar situation and asked to increase the hardcover by 67 feet, in his view that should be granted, and that he would encourage the Council to approve their proposal. McMillan noted in 2001 a decision was made to remove the deck. McMillan asked if the applicant could provide some background information on that. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2014 6:30 o'clock p.m. (11. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-V ARJANCES, Continued) Marquardt stated the house was built in the 1960s. They were told if a sunroom was added, they had to remove the deck. Marquardt stated at that time they had only one grandchild and did not anticipate eight grandkids and one who has special needs. Marquardt stated the reason for the deck is to be able to confine them in one area. Marquardt noted they gave up more hardcover than what was gained with the sunroom. Bremer stated she likes the new plan more than the old plan and that she appreciates the applicant's efforts in.reducing the size of the deck. Bremer stated in her view the impact will be minimal and that the applicant has responded to the Council's concerns. Bremer stated she used to live on that bay and did not have a deck. Bremer indicated she lived there for many years without a deck and only a stoop. Bremer stated the house was 100-years old and the previous owners had enclosed the porch, but that she never requested a deck because she knew how difficult it would be to get it approved. Bremer stated not having a deck was not ideal and that she can understand how circumstances change over time. Marquardt stated he would like to remind everyone that in the Planning Commission session they agreed to never build over the sunroom. Marquardt stated they have a narrow garage that was built in 2001, which seemed like a reasonable accommodation that they could make at the time, but that he is repeatedly banging his car door on the garbage cans. Marquardt stated this is a decision that will impact them for the rest of their lives and that there will not be a next time. Alan Greene, 2645 Casco Point Road, stated in 2011 or 2012, the City Council approved the improvements to Casco Point Road, which are fantastic. Greene stated in that instance the City held a number of meetings for public input and that the improvements have corrected the drainage that used to end up in their basement at no cost to him personally. Greene stated they have a deck but the Marquardt's do not have a deck. The Marquardt's have a gorgeous house that will be there probably long after they are gone. Greene stated the house is not going to be torn down and that there will be many families in that home over the next 100 years. Greene stated the house is crying for a deck. Greene stated the deck on their home is probably the second most important room in their house next to the kitchen. Greene indicated they love to entertain, as do the Marquardt's, and a deck is terribly important. Greene stated he heard it said that there is want and need, that the Marquardt's want a deck but do not need it. Greene stated the house needs a deck and that the next several families that purchase that house will probably make a decision on whether they want a deck and that a new Council will be faced with the same question of whether a deck should be put on the house. Greene stated following the budget hearing earlier this evening, it became very obvious that the City of Orono has an interest in seeing that property valuations in the community are set appropriately, which makes the community more valuable. Greene stated the houses are a city's assets and that this house on Casco Point is an asset to the community of Orono, not unlike an asset for a corporation. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2014 6:30 o'clock p.m. (11. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES, Continued) Greene reiterated that the house needs a deck and believes the variance is minor compared to the need for a deck on this house. Levang stated she has not changed her mind since the last meeting and that she agrees with Staff's recommendation for the second-story addition, with a small landing off the front and stairway down to the lake, which is Option B. McMillan noted the Council is also talking about structural coverage and whether the deck will become enclosed at some point in time, which is important to consider. McMillan stated whenever the Council grants a structural coverage variance; it is for something that is very essential, such as a garage. McMillan stated the general feeling has been that the use of a home is reasonable even without a deck. McMillan indicated she also would be in favor of Option B Bremer indicated she is in favor of Option A. Printup stated two weeks ago he made comments regarding hardcover and how the City has changed the rules to allow more hardcover. Printup stated with this application, he is happy to see the hardcover reduced, but if you go with the black and white on the practical difficulty, it does not meet that standard. Printup stated there have been compelling arguments made for the deck, but that the City's Code says otherwise, which is what he is struggling with. Printup stated he is not sure if the applicants are willing or able to reduce the deck any further, but that he does not see a practical difficulty for the deck. Cornick stated he has not visited the property and does not have enough information at this point to comment on the application. Marquardt stated in terms of wrestling with should we or shouldn't we, the Council should ask themselves what price will be paid for allowing this. Marquardt stated he understands that terms get made up in laws to cover the bases, such as the term massing. Marquardt stated he has a hard time understanding how a deck creates a lot of mass and that he understands the concept ofhardcover but it is rather nebulous when you look at the spirit and intent of the law. Marquardt asked what the price paid would be if the City were to say yes to this. Printup stated he wants to error on the side of the homeowner, and if you go back to the phrase of whether it is a need or a want, the ordinance says it is a want and that it will become a question of what the next homeowner will desire. Printup indicated he lives on a very small lot and that there is a lot he would like, which gets into the position of what integrity the City Council will have in going through the variance process. Marquardt stated the shape and size of this lot is a hardship, and that if someone else has a similar situation, he would not be opposed to it. Marquardt stated to his understanding the City's Code provides a baseline that the City Council needs to use when it makes a decision based on the different circumstances. Marquardt stated the City Council gets to decide what they are allowed to do with their property and he is trying to understand what the rationality is for the City saying no. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 8, 2014 6:30 o'clock p.m. (11. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES, Continued) Printup noted ifhe votes yes, it would be back to 2-2 and the motion would fail. Marquardt stated he is working on one vote at a time. McMillan stated if it was just a hardcove_r issue, the decision would be easy, but that structural coverage is a bigger issue than just hardcover. Marquardt asked why there should be a difference between those two at all. McMillan stated it has more to do with how much space the house takes up on the lot, which is massing and size. Marquardt asked what the detriment of the deck would be. McMillan noted Mr. Greene talked about the City's valuations increasing and she would credit some of the increase to the fact that the City has some codes that have made Orono a desirable place to live and by not allowing certain areas to become overbuilt. McMillan stated she periodically hears about massing problems in Edina and other communities and many people can go around the Lake Minnetonka and recognize when they are in Orono and not somewhere else. McMillan stated the City Council creates a community through their code, which is why the planning code is important. McMillan stated if you repeatedly let things go there is no longer a code. McMillan stated that is a difficult balancing act for the City Council. Marquardt stated this deck will not deter anyone from moving into Orono. Levang moved, Printup seconded, to approve Option B, and to adopt RESOLUTION NO. 6475, a Resolution Granting Setback Variances from Orono Municipal Code Sections 78-350, and Denying Variances from Orono Municipal Code Sections 78-1403 and 78-1700, for the property located at 2617 Casco Point Road. VOTE: Ayes 3, Nays 1, Bremer Opposed, Cornick Abstained. -3698 SHARRATT DESIGN CO., ON BEHALF OF JAY HULBERT-3035 C,.,..,.,""'U' POINT RO .,._,.....,.,._,, CE-RESOLUTION NO. 6476 Curtis stated the applicant is requesting · e setback variance to permit a situated as close as 8.5 from the side property Im ere a IO-foot set ·1s required. The home addition is proposed to replace an existing elevated dec.K'. , · ,.,..bant's proposal results in 157 square feet less hardcover than what currently exists. However, . roperty exceeds the Tier I limitation of 25 percent and because the proposal ~¼ , 'is new structura cover, a hardcover variance is required in order to reduce the level from~.· ··ercent to 33.6 percent as propo ~- # At the November meeting, the Pl~Commission voted 5 to O in favor of the variances fo addition. /.,,.:.tY' ,.,,,/ #;,,- Page 12 of 26 Date Application Received: 10/16/14 Date Application Considered as Complete: 11/16/14 60-Day Review Period Expires : 01/12/15 Department Approval: Name : Melanie Curt" Title: Planner Item Description: REQUEST FOR COUNCIL ACTION #14-3697, Gary & Joan Marquardt, 2617 Casco Point Rd -Resolution Zoning District: LR-1C, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 16,994 square feet (0.39 acre) Lot Width: 47' at the OHWL & 64' at the 75' setback List of Exhibits: Date: 2 December 2014 Item No. I/ Agenda Section: Exhibit A. Draft Resolution -Option A (approves revised request for deck and 2nd story) Exhibit 8. Draft Resolution -Option B (approves 2nd story & denies deck) Exhibit C. Revised Proposed Survey Exhibit D. Revised Proposed Hardcover Calculations Exhibit E. Revised Proposed Plans Exhibit F. Council & Exhibits 11/19/14 Exhibit G. Draft Council Minutes 11/24/14 Application Summary: On November 24th the applicants were before the Council requesting approval of side setback, rear setback, hardcover and structural coverage variances to permit additions to the existing home on the property . At that time the Council appeared to be amenable to granting the necessary setback variances to permit the second story additions. However the application was tabled because the majority of the Council was unsupportive of the requested structural coverage variance to permit the lakeside deck as proposed. The application was tabled to allow the applicants to consider a redesign or reduction that could be reconsidered at the next Council meeting . Please refer to the draft minutes from the November 24t h meeting enclosed as Exhibit F for a detail of the discussion and direction given. The applicants have revisited the plans and have prov ided a revised plan with a reduced deck 190.97 square feet in area and extending approximately 9 feet from the house, where previously a 288 square foot deck extending 15 feet from the house was proposed. They continue to propose the removal of the south stair and landing area which accounts for 60 .27 square feet of structural hardcover, the existing 194.54 square foot patio near the house as well as pergola/arbor on the rear of the house not previously included in the calculations. The current requested approvals are for 3,164.4 square feet of structure {18.6%) which is 203.4 square feet over the 2001 approved level ; and 27% hardcover where 28.4% currently exists (a 242.5 square foot reduction in hardcover). Staff adjusted the submitted revised hardcover calculations for consistency . The summary of the existing and proposed calculations have also been provided below. Hardcover Calculations: Stormwater Total Area in Allowed Existing Overlay District Proposed Hardcover Tier Zone Hardcover Hardcover Tier 1 16,994 s.f. 4,248.5 s.f. 4,840 .92 s.f. 4,598.33 s.f. {25%) {28.4%) {27.0%) Structural Coverage: Total Lot Area 16,994.21 s.f. (0.39 acre) Discussion Total Structural Coverage Allowed: 2,549 s.f. (15%) #14-3697 2 Dec 2014 Page 2 of 2 Approved (Resol. No. 4640) = 2,961 s.f. {17.4%) Existing: 3,100.2 s.f. (18.2%) Proposed: 3,164.4 s.f. (18.6%) +64 s.f. over existing +203.4 s.f. over approved The applicants have reduced the area of the proposed deck to reduce the amount of structural coverge proposed for the Council's consideration. Staff would offer that an additional option, which would be a lesser alternative to the revised, reduced deck would be a landing and stair to access the lake from this same side of the house in place of the deck. The building code would allow a 3 foot wide landing and egress stair off of an upper level door. The location of the lower level doorway poses a challenge for constructing a stair directly off of the upper level door. The applicants could extend a landing across the front of the home to access a stair in the position proposed via a 3 foot wide landing functioning like a cat-walk. The current remodel plans seem to indicate removal of this bay window. If the bay window remains, the cat-walk landing would need to clear 3 feet beyond the bay window to conform to the Building Code. Staff has prepared two separate resolutions for consideration on Monday night. One resolution (Option A attached as Exhibit A) is drafted for approval of the variances as requested for structural coverage at 18.6%, hardcover at 27% and the setback variances as proposed for the second story. The second (Option B attached as Exhibit B) is an alternate resolution for denial of the structural coverage and hardcover variances and approval of the setback variances permitting the second story improvements. If discussion leads to an alternate deck/landing configuration the first resolution can be amended at the meeting. STAFF RECOMMENDATION Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home. However staff cannot identify practical difficulties inherent to the land which support the hardcover or structural coverage variances, therefore these requested variances should be denied. COUNCIL ACTION REQUESTED The Council should review the applicants' revised proposal and consider adopting or amending one of the attached resolutions. A RESOLUTION GRANTING VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-350, 78-1403 and 78-1700 FILE NO. 14-3697 Council Exhibit A WHEREAS, Gary Marquardt and Joan Marquardt, a married couple, (hereinafter "Applicants") are the owners of the property located at 2617 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: That part of Block1, and that part of Lot 16 Block 2 and that part of Orono Avenue, vacated by abandonment, all in "Winship's Subdivision of Lot 1, Spring Park 2nd Division", described as commencing at the northeasterly corner of Lot 141, Spring Park; thence northeasterly along the extension of the easterly line of said Lot 141, a distance of 94.5 feet to the point of beginning; thence northwesterly deflecting to the left 101 degrees 01 minutes, to the shore of Lake Minnetonka, said line hereafter referred to as Line "A"; thence southerly along said shore, 52 feet, more or less, to the northerly line of said Lot 141; thence southeasterly along said northerly line to the northeasterly corner of said Lot 141; thence northeasterly to a point on the extension of said Line "A", distant 12.8 feet southeasterly from the point of beginning; thence northeasterly along the last described extension to the point of beginning. Hennepin County, Minnesota, (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-350 which requires a 30-foot rear street setback to permit construction of second story addition 29.9 feet from the rear street property line; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-350 which requires a 10-foot side setback to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property line where a 10 foot setback is required; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1403 to permit 3,321 square feet (19.5%) structure on the property where 2,549 square feet or 15% structural coverage is permitted and 3,033 square feet (17.8%) currently exists in conjunction with construction of a new lakeside deck; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1700 to allow 4,898 square feet or 28.8% hardcover on the property where 4,248 square feet or 25% is permitted in conjunction with construction of a Page 1 of6 new lakeside deck; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 17, 2014, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #14-3697. 2. The Property is located in the LR-1C zoning district, where 0.5 acres is the minimum lot area and 100 feet is the minimum lot width. 3. The Planning Commission reviewed this application on November 17, 2014, and voted on two separate motions. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as proposed. This motion passed with a 5 to O vote. A second motion regarding approval of the requested hardcover and structural coverage variances to permit construction of a lakeside deck passed with a 4 to 1 vote and was conditioned upon the following: i. Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window. ii. The deck must be constructed as "pervious" and the patio below removed. iii. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. 4. On November 17, 2014, the Planning Commission's actions were based on the following findings. a. The Property has approximately 16,994 square feet (0.39 acre) acre in area and has 47 feet in width at the OHWL and 64 feet at the 75-foot setback. b. The Property is located in Tier 1 of Orono's Stormwater Quality Overlay District and is limited to 25% hardcover based on gross lot area. Page 2 of 6 c. The Applicants' initial proposal when revised per the Planning Commission's recommendation results in 3,261 square feet of structure or 19.2% where 15% is the maximum permitted and 4,738 square feet or 27.8% of total hardcover where 25% is permitted by code. d. Resolution No. 4640, adopted in 2001, granted variances to the property regarding the 6 foot side setback for the garage, the side setback variance allowing the second story and permitted 2,961 square feet (17.4% as adjusted based on current lot area calculations) of structural coverage. e. The second story additions to the home are proposed to be constructed over the existing footprint of the home. f. The Applicants have agreed to removal of the existing 60 square foot deck and stair on the south side of the home in order to offset the structural coverage and hardcover levels on the Property. g. The proposed lakeside deck is not out of character with the neighborhood and will meet the side, lake, and average lakeshore setbacks. h. The variance to allow construction over the existing home within the 10 foot side setback will alleviate a practical difficulty inherent to the Property's.width and not created by the Applicants. i. The Applicants' request to increase the structural coverage, hardcover and second story additions within the side setback will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. j. The Applicants' request is in harmony with the purpose and intent of the ordinance. k. The Applicants' proposal is consistent with the comprehensive plan. I. The Applicant has requested approvals in order to construct an open, upper level deck on the lake side of the home. The Applicant understands and is hereby put on notice that the deck: 1) May not be enclosed above or below, Page 3 of 6 2) May not be expanded in any way without further structural reductions on the Property. 5. The City Council considered this application at two meetings on November 24 and December 8, 2014 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 6. 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 Applicants, but is necessary to alleviate a practical 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 Based upon the above findings, the Orono City Council hereby grants the following: 1) a variance from Orono City Code Section 78-350 to permit construction of second story addition 29.9 feet from the rear street property line; and 2) a variance from Orono City Code Section 78-350 to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property line where a 10 foot setback is requried; and 3) a variance from Orono City Code Section 78-1403 to permit 3,164 square feet (18.6%) structure on the property in conjunction with construction of a new lakeside deck; and 4) a variance from Orono City Code Section 78-1700 to allow 4,598 square feet or 27% hardcover on the property in conjunction with construction of a new lakeside deck on the Property. This approval is subject to the conditions listed below: a) Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. Page 4 of 6 \ b) Hardcover shall not increase above 27% and structural coverage may not increase above 18.6% per the approved plans. Any changes to the plans or the Property which result in an increase in hardcover or structure above the approved level will require further Planning Commission and City Council review and a new variance request. c) The existing 60± square foot deck and stair on the south side of the home shall be removed and returned to pervious surface. The existing door in this location shall be removed and replaced with a window or closed off with new wall. d) The existing patio on the lake side of the home shall be removed and converted to a pervious surface. A minimal landing will be permitted at the point of egress as the City Building Official dictates. e) The new lakeside deck shall be constructed with spacing in the deck floor boards to comply with the pervious requirement and hardcover credit. f) The second story additions will be reviewed at the time of the building permit application and shall comply with the City's height and number of stories calculations. g) 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (December 8, 2015). h) 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. i) The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 8th day of December, 2014. Page 5 of 6 ATTEST: Diane Tiegs, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN Lili Tod McMillan, Mayor This instrument was acknowledged before me this __ day of ______ _ __ by Gary Marquardt, husband of Joan Marquardt. STATE OF MINNESOTA COUNTY OF HENNEPPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ __ by Joan Marquardt, wife of Gary Marquardt. Notary Public Page 6 of 6 =DESCRIPTION============== Thatparto!Blockl,andthatpanoflotl6,6!ocl:2andthatpartofOronoAvenue,vacatedby abandonment, all in "Winshlp's Subdivision of Lot l, Spring Park 2nd Division", described as comm,:mcing at1henortheanerlycorner11flotl41,SptlnsPirk;thenc11northeasterlyalongtheutensionofthe easterlyllneofs;ildlotl41,adlstanceof94.Sfeettothepointofbeglnning;th11ncenmtliwesterly deflectingtotheleftl0ldegrees0lmlnutes,tottlesho1eofLakeMinnetonka,saldl!nehereafter refo1rndtoanLin11"A";thencesouthe11yalongsa,dshore,52feet,moreortess,tothenortherfylmeof saldlatl4t;thencl:'southeastetlyalonguldno1thedyl<netothenorthente1lycornerofsaidlotl41; thence northeast~tly to a point 11n the exten,!on of •aid Line "A", distant 12.8 feet southesterly from the pointofbeglnnlng;thencenortheasterlyalongthelastdescrlbedekten•kmtothepointofbeg!nnlng. =PROPERTY SUMMARY=========== 1. Subjectproperty'saddressls2617CascoPolntlload,Orono,MNS5l91,!tspropertyldentitlcallon number!s20-l17·2Ll40035. 2. Thecrossa1uofthesubjectpropenyls+•OAAcres. 3. lhesubJectpropertyl11onedlR•1C,perCltyol01onoJonlngmap . \ {) .· .1 ,&i!J.1/J,' :=--·723.3 S£ ,I I I :1 I I ·r------- =VICINITY MAP=======,,,,- , SITE PLAN ,JOI 1/16",, \'-0" =SURVEY NOTES============= 1. Searlngsysteml5ba1edontheprope1tyhnedeno1edl!ne'A'(nthedescrlpt!onhav!ngana;sumed bearingofNorth79degrees13m,nutM00secandsWesl. 2. This survey was prepared without the benefit o! a Title Comml1m1mt or abstract and !he surveyor has made no Independent snrch for easements of 1eco1d, encumbrances, reslf!ctlve covenants, ownershlptl!leevldenceoranyotherfactsthalanac,;uratetlt!esearchmaydisclose.Therefore,this survey may be revised by show!n11 that which would be tiled in a title comm,tment and then Illustrated onthesur,,ey. 3. Utility Information shown hereon, If any, Is a comp\latlon of map lnformaUon and those visible utllltles that wen! located during the s11rvey field work, The sur,,eyor further doe:. noL wmant that the undergroundut!lltlesshownhereon,ifany,arelntheexactlocallonasindlcated,a!thoughhedoes cert1fythattheyarelocatedasac,;u1atelyasposs1blefromlnformatlonavallable.Thesurvev0rhasnot physically !ocat~d the uuders,ound ulilllies. Pursuant to MS 216.D contact Gopher State One Call al {6S1·4S4•0002)prlo1toanyexcavatlon. 4. Fleldworkwascompletedonl0/10/2014. 5. Thebulldlng(s)andexterlordlmensionsoflheouts,dewallaLgroundlevelareshownonthesurvey. It maynotbethefoundatlonwal\· \ \ .oasnHc8lJ11.D1Ho \ EB 0'-7S'fromlaXe; SEE REVISED HARDCOVER WORKSHEET Boathouse Palio :::lnlngWal!s House Stoop Ste~&Land!ng Driveway ::~lningWalll lotArea H~rd,over 402.61sqlt 7S.19sqft 72.2lsqft 550.llsqft 4,163.99sqft 13.21% 2,514.llsqft 56.S0sqlt 60.27iq!t 1,429.14sqlt 5.36sqft 4,065,681qft l2,8301/llsqft 31.69" =LEGEND /"---: e fOUNDMONUMENT -----EASfMENTLINE O ~~:foN~~~~~l 181 ElECTRICMETER *LIGHT {ill AIR CONDITIONER !-GUY ANCHOR 'Q TH£PHONEPOST QUT!UTYPOL£ El! GASMETIR :; ' I I -·-·-·-SETBACKL!NE -ow-OV£RH(AOWIRE ---BUILDINGUNE ·-------· SUI LOI NG CANOPY SlTUMINOUSSURfACE CONCRETESURfACE tANOSCAPESURFACE -o-CHAINllNKFENCE I I I I I I I I I 1/ !/ / I NORTH I 0 20 40 RALE IN FEET t\mfra ..................... 14800281hM.N,Sl!140 ~.__55447 1781ffl.llOll)lelepllOII 17814711.1532 lac&lmlkl www.mlra.com Project CASCO PTRD Location ORONO Certification ~;~~:~·;fi~:~1~~~~fil~~o~r·· l:-~ Martusf.tlampton i,,.,r,,1,onllo474Bl O>to.l0/13/2014 ... · ,,..,.,,. ·~~-·-... ,.,,.,.,.,. Summary Designed; Orawn:ot Approved;MFH Book/P~ge:n9{70 Phase· lnit!al ts~ue: Revision History No.DateBy Submittal/Revision Sheet Title BOUNDARY& TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 Project No. MAR2OO42 z LA ~-- MARQUARDT RESIDENCE a317CASC0F(WJ"RCW) mc»o,M-1:fil!1 ~J~·;p~ ii' !l: i I [;7--·-~. > ~--~ G101 - it .. ;;o er m (I) >< u, ::ro c=c -· ---· )> g ' ' I ' I I ' I ' I I I ' I I I I t. M --------==ci============ I ' I I ' I I ' I I ' I : I - I I ' I I I I I □ D ___ L ___ '----~ NOllVJllddV 3JNVl~VA 03SIA3~ Resolution Exhibit B l <( _J i ,I t! NOllVJllddV 3JNVl8VA rmcA.1,ll;~llOOl'CO,l)C/R~•"'--, ---,.]~, r--, ',,,, --------,,_,. -t) '· 7, l(,[>1\IMIVIT -------- r,rn..r;m .. c;,rn; =1 ~;~ 1'!):;,;t, .. ~, '---tf-i~~~~~-------~-----~------rl J (,;,.,) ~ 1 U,IL~l1/_~-SECTION THROUGH_N_/;',\I MASTER SUITE AD!)fI/ON rrPn:.<lMl:IVRCO'COJ/SIRUCllt'.IH•"" - ! t:,.';:ct-f U,ILDl,NG_SECT/ON THROUGH.GARAGE AND STORAGE ADDITION f'<PICA.lfYlf-.~•~IV!(COOSmlJCr.,,.-.... 1'1',r,a,c,a,l\,<•.lp••«t""•I z 8 c_"' LA Fh,,..,"...,~••·~•'"'~""•;<»P~I"' .. , .. -,,-....... , •. ,,.p, .... ,,_ ~ ... ,,-,.,..,,,,,,.,,, ... , ... ,.,.,,. .. c~~•~!•oril, __ p<u1oe1 ~-----~~ MARQUARDT RESIDENCE 2t>17DSOJPONTROI{) ao,o,MNSill! ,1,uw•19 BUi'Li:i!NGs8:l!Oiii-- ! 11·•""•""" ·1• ....... . 0 L_._ z ili A201 :::::::: ~ ---.. -~~ (}j -F-- ~ 1/4 = 1-U TYPICAL NEW ROOF CONSTRUCT/ON u.no. ASPHALT SHINGLES. 5/8" PL \'WOOD DR DSB R44 BLOWN INSULA TIOII PREMANUFACTURED ROOF TRUSSES W/12" ENERGY HEAL VAPOR BARRIER TAPED AND SEALED i" GWB 01-1 CEILING. SEE FINISH NOTES. NEW STORAGE ROO/d ADDITION EXISTING GARAGE ~ i I ----------------------------------------1-_, TO PLATE ) 11 l=t ----· --- 10 SUBFLOOR TO PLATE MAIN LEVEL -----rc:;:::==========================='::;:i ,.... ______________ _ - (2'\ BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION L7 ~ A RESOLUTION GRANTING SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-350 AND DENYING VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-1403 and 78-1700 FILE NO. 14-3697 Council Exhibit B WHEREAS, Gary Marquardt and Joan Marquardt, a married couple, (hereinafter "Applicants") are the owners of the property located at 2617 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: That part of Block1, and that part of Lot 16 Block 2 and that part of Orono Avenue, vacated by abandonment, all in "Winship's Subdivision .of Lot 1, Spring Park 2nd Division", described as commencing at the northeasterly corner of Lot 141, Spring Park; thence northeasterly along the extension of the easterly line of said Lot 141, a distance of 94.5 feet to the point of beginning; thence northwesterly deflecting to the left 101 degrees 01 minutes, to the shore of Lake Minnetonka, said line hereafter referred to as Line "A"; thence southerly along said shore, 52 feet, more or less, to the northerly line of said Lot 141; thence southeasterly along said northerly line to the northeasterly corner of said Lot 141; thence northeasterly to a point on the extension of said Line "A", distant 12.8 feet southeasterly from the point of beginning; thence northeasterly along the last described extension to the point of beginning. Hennepin County, Minnesota, (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code. Section 78-350 which requires a 30-foot rear street setback to permit construction of second story addition 29.9 feet from the rear street property line; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-350 which requires a 10-foot side setback to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property where a 10 foot setback is required; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1403 to permit 3,321 square feet (19.5%) structure on the property where 2,549 square feet or 15% structural coverage is permitted and 3,033 square feet (17.8%) currently exists in conjunction with construction of a new lakeside deck; and Page 1 of7 WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1700 to allow 4,898 square feet or 28.8% hardcover on the property where 4,248 square feet or 25% is permitted in conjunction with construction of a new lakeside deck; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 17, 2014, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, The Planning Commission reviewed this application on November 17, 2014, the Planning Commission voted on two separate motions. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as proposed. This motion passed with a 5 to O vote. A second motion regarding approval of the requested hardcover and structur~I coverage variances to permit construction of a lakeside deck passed with a 4 · to 1 vote and was conditioned upon the following: a. Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window. b. The deck must be constructed as "pervious" and the patio below removed. c. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. WHEREAS, on November 17, 2014, the Planning Commission's recommendations were based on the following fincjings. PLANNING COMMISSION FINDINGS 1) Resolution No. 4640, adopted in 2001, granted variances to the property regarding the 6 foot side setback for the garage, the side setback variance allowing the second story and permitted 2,961 square feet (17.4% as adjusted based on current lot area calculations) of structural coverage. 2) The second story additions to the home are proposed to be constructed over the existing footprint of the home. 3) The variance to allow construction over the existing home within the 10 foot side setback will alleviate a practical difficulty inherent to the Property's width and not created by the Applicants. Page 2 of7 4) The Applicants' initial proposal when revised per the Planning Commission's recommendation results in 3,261 square feet of structure or 19.2% where 15% is the maximum permitted and 4,738 square feet or 27.8% of total hardcover where 25% is permitted by code. 5) The Applicants have agreed to removal of the existing 60 square foot deck and stair on the south side of the home in order to offset the structural coverage and hardcover levels on the Property. 6) The proposed lakeside deck is not out of characterwith the neighborhood and will meet the side, lake, and average lakeshore setbacks. 7) The Applicant has requested approvals in order to construct an open, upper level deck on the lake side of the home. The Applicant understands and is hereby put on notice that the deck: a) May not be enclosed above or below, b) May not be expanded in any way without further structural reductions on the Property. 8) The Applicants' request to increase the structural coverage, hardcover and second story additions within the side setback will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. 9) The Applicants' request is in harmony with the purpose and intent of the ordinance. 10) The Applicants' proposal is consistent with the comprehensive plan; and WHEREAS, the City Council considered this application at two meetings on November 24 and December 8, 2014 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity; and WHEREAS, the City Council on December 8, 2014 made the following findings with regard to the application: CITY COUNCIL FINDINGS 1) This application was reviewed as Zoning File #14-3697. 2) The Property is located in the LR-1C zoning district, where 0.5 acres is the minimum lot area and 100 feet is the minimum lot width. The Property has approximately 16,994 Page 3 of 7 square feet (0.39 acre) acre in area and has 47 feet in width at the OHWL and 64 feet at the 75-foot setback. 3) The Property is located in Tier 1 of Orono's Stormwater Quality Overlay District and is limited to 25% hardcover based on gross lot area. 4) The second story additions to the home are proposed to be constructed over the existing footprint of the home. The variance to allow construction above the existing footprint of the home within the 10 foot side setback will alleviate a practical difficulty inherent to the Property's width and not created by the Applicants. 5) Regarding the side and rear setback variances, the Applicants' request is in harmony with the purpose and intent of the ordinance. 6) Regarding the side and rear setback variances, the Applicants' proposal is consistent with the comprehensive plan. 7) 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 setback variances for the 2nd story addition over the garage 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 practical 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. 8) With regards to the proposed deck, Resolution No. 4640, adopted in 2001, granted variances to the Property regarding the 6 foot side setback for the garage, the side setback variance allowing the second story and permitted 2,961 square feet (17.4% as adjusted based on current lot area calculations) of structural coverage. The approval allowed for the Property to continue to exceed the 15% structural limitation; however an increase in structural coverage was not approved at that time. 9) As part of the approval granted via Resolution No. 4640 a 750 square foot lakeside deck was removed and a 196 square foot screen porch was constructed in its place. 10) Granting of a variance for the proposed deck to permit additional structural coverage or massing on this Property above the allowed 15% and approved level of 17.4% is inconsistent with the goals and policies contained within the 2000-2030 Orono Community Management Plan. Page 4 of 7 11) The additional massing resulting from the proposed structural lakeside deck may alter the essential character of the neighborhood and would be inconsistent with the intent of the zoning code. 12) With regards to the proposed deck, the City Council finds that granting the structural coverage and hardcover variances for proposed deck would merely serve as a convenience to the Applicants, and that no practical difficulty exists to support these variances; approval of these variances is not necessary to preserve a substantial property right of the Applicants; and approval of these variances would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby grants a variance from Orono Municipal Zoning Code Section 78-350 to permit construction of second story addition 29.9 feet from the rear street property line; and a variance from Orono City Code Section 78-350 to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property line where a 10 foot setback is required; and FURTHER, BE IT RESOLVED that the City Council hereby denies a variance from Orono City Code Section 78-1403 to permit 3,164.4 square feet (18.6%) structure on the property where 2,549 square .feet or 15% structural coverage is permitted; and denies a variance from Orono City Code Section 78-1700 to allow 4,898 square feet or 28.8% hardcover on the Property in conjunction with construction of a new lakeside deck. CONCLUSIONS, ORDER AND CONDITIONS The second story addition variance approval stated above are subject to the following conditions: a) Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. b) Hardcover shall not increase above the existing level of 4,840 square feet or 28.4% and structural coverage may not increase above the existing level of 3,100 square feet or 18.2%. Any changes to the plans or the Property which result in an increase in hardcover or structure above the existing or allowed levels are not approved as part of this variance request. Page 5 of 7 c) The second story additions will be reviewed at the time of the building permit application and shall comply with the City's height and number of stories calculations. d) 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (December 8, 2015). e) 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. f) The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 8th day of December, 2014. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 6 of 7 Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of ______ _ __ by Gary Marquardt, husband of Joan Marquardt. STATE OF MINNESOTA COUNTY OF HENNEPPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ __ by Joan Marquardt, wife of Gary Marquardt. Notary Public Page 7 of7 =DESCRIPTION============== ThatpartofBlotlcl,andtha1partoflot16,Btock2andthatparto10ronoAvenue,vacatedby abandonment, a!J ln "Wlnshlp'sSubdlvislon of Lot 1, Spring Park 2nd OMslon", described ilS commenting at the northeaster!vcorneroflot 1-41,SprlnaParlc; thenceoortheasterfyalo11gtheeinenslonolthe easterly line or said Loi 141. a disunce ol 94.S leet to the poln1 or beginning: thence northwenerly def!ettingtotheleltlOldegreesOlmlnutes,lotheshoreofUlkeMinnetonka,sald!lneherealter referredtoanline"A";thencesoutherlyalongsaidshore,52feet,morcorless,toth\!noftherlylrneof saldlot141;thencesoutheasterlya!ongsatdnortherlyllnetothenortheai!erlycornerofsaidlotl-4J; thencenortheasterlytoapo1n1ontheextenslonofsaldllne"A",d!shntl2.81cetsou\hesterlyfromthe polntofbeglnnlng;thencenortheaste1lyalongthelastdescrlbede•tenslontothepolntofbeglnnlng. =PROPERTY SUMMARY==========,,,, l. SubJectproperty'saddress!s2617CascoPolntRoad,Orono,MNSS391,!tspropertyldentmcation numberls2D•117·23·24-0035. 2. The gross area ofthesubjen propertyls~-0.4 Acres. 3. Thesub)ectpropertyls:onedtR•lC,perCltyofOronoionlngmap. l ; ) . • .\ I .·, ''"""' \~-\23.l~S[ . I \ I ;i ·I II f-------- =SURVEY NOTES============= 1. Searing system ls based on the property !me denoted Line 'A' In the description having an assumed bearingofNorth79decreesllminutesOOserondsWest. 2. This sun,ey was prepared without the benefit of a Title Commitment or abstract and the surveyor has made no Independent search for usements of record, encumbnmces, restrlct!vecovenants, ownershlptltleevldenceoranyotherfactsthatanaccurnte1l1lesea1chmaydisd05e.Therefo1e,1hls survey m.-y be 1evlsed by showing I hat which would be (iled in.-t,tle comm1tmenland then illustrated on the survey. 3. Utllltylnformatlonshownhereon,lfany,lsacompllationof mapinformatlon.-ndthosevlslb!eutlliUes that were localt!d du,lng the sur~ey field work. The surveyor furthe, does not wariant that the underground utilities shown hereon,lfany, arelnlhe exactlocallon as Indicated, although he does certify that they are louted as accurate Iv as pomble from Information available. The surveyor has not physkallyloca1edtheundergroundutilitles.Pur:suanttoMS216.Dcont.-ctGopherState0neCallat (651•454•0002)prlortoanyexCilVillon. 4. F!eldworkwascomple!edonl0/10/2014. S. Thebui!dlng{s);,nde•teriurdimensionsoftheoutsldewa!latgroundlevelareshownonthesurvey. !t maynotbethefoundatlonwall; \ \ \ \ \ ' ' @ ~:~~ ~~-~" CB 0<0!<.10!• 11"·~ ,,,,•;>\I•" '"'""'"_,,,.,·y;-rlalo~, 7S'-250'ffomlake: SEE REVISED HARDCOVER WORKSHEET =LEGEND Patio Retaining Walls s,m lOIArea Hirdcover House stoop Steps&Land,ng Driveway RetillnlngWalll •= Lot Area Hudcover 402.61sqft 7S.29sqft n.21s111t SSO.Usqtt 4,!63.99sqft 13.21" 2.514.llsqft S6.80sqlt 60.27sqlt l,~29.14 sqft S.36sqft 4,06S.68sqft ~!•.:;~22sqlt / J-" e FOUND MONUMENT -----EASEMENT LINE 0 ::11~f~~~~~:1 f8l HECTR!CMffill * tlGHT {t9AIRCONOITlONER ~GUY ANCHOR H GATEVALVE "Q TEUPHONEPOST "Q UTILITY POLE !C! GASMffiR -·-·-·-SET8ACKLINE -uw-OVERHEADWIRE ---BUILDINGLINE ·-------· BUILOINGCANOPY C:J 81TUMINOUSSURFACE ~ CONCRITESUl!fACE ~ LANOSCAPESURFACE --o-OiAINLINKFENCE I I I I I \ / / I I I / :; 1/ SCALE ~ NORTH 20 40 FEET t~rnfra ..................... 14ll0028dtM.N.llll140 ~Mllnaa65447 1181418.llO"IO ---1161-41'&.1532 fllclnlli, ... ....... Project CASCO PTRD Location ORONO Certification ~·.::.::~:dc~u!::~~hd~ ~;:-.!'.~~:~=",.., ::::•~~! :.: ~",i!•~:::~•~ ~~!:~~~tYOR L-~ Marcu,F.Uamp1on ~ • .,n,.,.,nUo 47481 0•10. IO/ll/2014 ""'"""·"'"'""''"'""_,..,..,,,,_ ......... , ............. ,.,.,"~......,, ... ,.,,.,,","'" Summary Designed: Drawn:lll Approved:MfH Book/P~ge:n9/IO Pha~e: lnlti.-! Issue, Revision History No.OateBy Submittal/Revision Sheet Title BOUNDARY & TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 Project No. MAR2OO42 z LA EJ.ei:t MARQUARDT RESIDENCE 2617CASCOPONTRCWl OOO-O.M-155391 ~~:-t.r.:::1o~ .. ,_n1rJ .. ,.,..,1or,~,1>'"1'<'orl1. ::::;:;:~~"'7u; u .. ~m.ru.11,o- ::i":;:::;-,.,..!.."'".,., :::.-de&"':!:~::,~~':: :::::.-II' ~ I dtaw,ng C) ~ ~ w 11~- cr: m ;;o >< ct) ::,-C/1 -· 0 C" --• C r+ r+ )> er ::::, I ,I t I ii f NOllVJllddV 3JNVl~VA Resolution Exhibit B l 3 I!' irti~ iJ II 'O"v tfj 'I tiw ~ ~,. lil fi!h !,, §~ i)H~ tHi] :HJ ~m ,. ~ .l! J ! e 1~.r!! [ID <( HH L j 00 u jHji j!ifl ___J tiH j I~ ilhi Hlli r l • NOl1\181ldd\t 38N\tl~\IA _J ffl ~~ ffl ,i h tB I/ ---,t ✓ ,---, ',,, ---------'""' - 7• ~ """F'""·~•·-.. '"· a. ttf --~□ _===1III f"I--'''"'-'""'"'- -...-!2...:_0'·!!:~ 1, ~ ~.:~'"''" ,:~ .. •,~~;,~:·"~'"" / I c.:,) ~ 1 ~/L~l~-~,SECTION THROUGH NEW MASTER SUITE ADDITION f.:,, 10, .. 1[ 10:u1,r.o;,, L, ~..,,N, E (ice I ~ 1 ~/LDING SECTIQ/'IJ~ROUGH GARAGE AND STORAGE ADDITION r rn~o1.1-:io Jalr.aao,,rnu\f{"'"1,11m1 -- J 5 5 (_~ ,,.,..,,,.,.,,uUk--..,-,.~,.., .,,,,,......., .... .-, ""~"" .. ""~-·- MARQUARDT RESIDENCE 3311CASC0P()NTRCW) OOCN),MN55ll1 draw">g SUJLDINGSEC~ &["'"""" "'g'"'"''"'"'"" w Li:...,_______ ~ A201 = ;; ' ~ ~ ~ 1/4 = 1 -u TYPICAL NEW ROOF CONSTRUCTION u.no. ASPHALT SHINGLES. 5/8' PLYWOOD OR OSB R44 BLOWN INSULATION. PREMANUFACTURED ROOF TRUSSES W/12" ENERGY HEAL VAPOR BARRIER TAPED AND SEALED l" GWB ON CEILING. SEE FINISH NOTES. NEW STORAGE ROOM ADDITION EXISTING GARAGE ~ -~I TO PLATE ··] l~f-1---- TO SUBFLOOR TO PLATE MAIN LEVEL - ~ BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION c__-, ~ ..,F- ~ DESCRIPTION That part of Block 1, and that part of Lot 16, Block 2 and that part of Orono Avenue, vacated by abandonment, all in "Winship's Su bdivision of Lot 1, Spring Park 2nd Division", described as commencing at the northeasterly corner of Lot 141, Spring Park; thence northeaste rly along t he extension of the easterl y line of said lot 141, a distance of 94.S feet to the point of beginning; thence northwesterly deflecting to the left 101 degrees 01 minutes, to the shore of Lake Minnetonka, said line hereafter referred to an Line "A"; thence sout herly along said shore, S2 feet, more or less, to the northerly line of said Lot 141; thence southeasterly along sai d nort herly line to the northeaste rly corner of said Lot 141; thence northeasterly to a point on the ext ension of said Line "An, d istant 12.8 feet southest e rly from the point o f beginning; thence northeasterly along the last described extension to the point of beginning. ~PROPERTY SUMMARY 1. Subject property's address is 2617 Casco Point Road, Orono, MN 553911 Its property identification number Is 20-117-23-24-0035. 2. The gro ss area of the subject property is +-0.4 Acres. 3. The subject property Is zoned LR-lC, per City of Orono zoning map. I l f, /I I -II I . 1r-- ~VICINITY MAP EXISTING , BOATHOUSE , / \ \ \ I I I l \ \ I \ I I ~ "" ' --- I \ I .$ I I ), i\ I I ~ ~ SURVEY NOTES 1. Bearing system is based on t he property line denot ed Line 'A' in the descript ion having an assumed bearing of North 79 degrees 13 minutes 00 seconds West. 2. This survey was prepared without the benefit of a Title Commitment or abstract a nd the surveyor h as m ade no independent search for easements of record , encumbrances, rest ri ctive covenants, ownership title evidence or any other fa cts that an accurate title search may disclose. The refore, this survey may be revised by showing that which would b e cited in a title commitment and then illustrated on the survey. 3. Utility information shown hereo n, if any, is a compilation of map informatio n and those visible uti lit ies that were located during the survey fiel d work. The surveyor further does not warrant t hat the underground utilit ies shown hereon, if any, are in the exact location as indicated, although he does certify that they are located as accurately as possib le from informat ion available. The surveyor has not physically located the unde rg round utilities. Pursuant to MS 216.0 contact Gopher State One Call at (651•454-0002) prio r to any excavation. 4. Field work was completed on 10/10/2014, 5 . The building(s) and exterior d im ensions of the outside wa ll at ground level are shown on t he survey, It may not be the fou ndation wa l~. \ \ \ EX!STJNG BUIUJING \ ,, \ \ \ \ HARDCOVER CALCULATIONS~ Ha rd cover percentages per setback zone: 0'-75' from lake : 7S'-250' from lake: SEE REVISED HARDCOVER WORKSHEET ~LEGEND • FOUND MONUMENT 0 ~~R~~i~~~~!1 Ill! ELECTRIC METER * LIG HT ~ AIR CONDITIONER E-GUY ANCHOR "' GATEVALVE 'Q TELE PHONE POST b, UTILITY POLE ill GAS M ETER I Boathouse 402,61 sqft Patio 75.29 sqft Retaini ng Walls 72.21 sqft Sum 550,11 sqft Lot Area 4,163,99 sqft Hardcover 13,21% House 2,514.11 sqft Stoop 56.80 sqft Steps & Landing 60.27 sqft Driveway 1,429,14 sqft Retaining Walll 5.36 sqft Sum Lot Area Hardcover -ow- 4,065,68 sqft 12,830 .22 sqft 31,69% EASEMENT LINE SETBACK LINE OVERHEAD WIRE ~ BU ILDING LINE BU ILDI NG CANOPY ~ BITUMINOUS SURFACE c:::::::::J CONCRETE SURFACE ~ LANDSCAPE SURFACE --o--CHAIN LI NK FENCE I I I I I \ / I \, / I /,,\ / i /'ff \ I \ I ~ \ I () I / IYi I 1/J / I / /1/i ~ /1 J ~s I i ~: / / i I NORTH CD I 0 20 40 SCALE IN FEET fra 14800 28ttt M N. SIB 1-10 ~ llmesula 55447 17814711,110101aleptme (7814711,11532 _,., wwwmfra.com C ient ARY MARQUARDT Project CASCO PTRD Location ORONO 26 17 CASCO POINT RD Certification thereby certify !hal thb survc:y, plan or report was prepared by me or under my direcl ~upervision arid that I am a duly licen~d lAND SURVEYOR underthel11ws oltheS1ate ofMinnesola. Marcus F. Hampton Resinr.1t1on No.47481 Date: 10/13/2014 lf~p:,llt:l~Jc.co,,=us for ,wt 1sl(ftedcopyo!1~1swrvcv ""1i<:h Is a.-11!~~ u~Cfl•«1uei1 ~, s.imba1e11•s. M:rmtuin», MN ott:cc. Summary Designed : Drawn: DL Approved: MFH Book/ Page : 739/70 Phase: Initial Issue: Revision History No, Date By Submittal/ Revision Sheet Title BOUNDARY& TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 Project No. MAR20042 Council Exhibit C z 0 ~ t) ::; a... a... <( w t) z <( ii: ~ 0 w en ~ 0::: LA LUNDIN ARCHITECTS LLC 1940 EAST RIVER TERRACE MINNEAPOLIS, MN 55414 PH 612 616-7015 lhlnbyautifylhallr.i,plin.~orlwpoll waspra;1areclbyrntorulldet,nydirtclwper,i$1oo anr:l\hallit1111CIJy~artltleciunde<lhl liYl!ollheS1a1to/MiMtsOll. Rlehan!C.Lundinll,AIA eertilicatlon no. ~ date: __ _;_ __ _ consultants "' contractor project rvlARQUARDT RESIDENCE 21i17CoSCOPOINT ROAD cro-l0,MN55391 Thisdocumeri1.isthepropertyof lundin ArchiteclsLLC.ar.disinlendedtobean insll\lmen!ofservicelorlhisprojectonly. Noreproductionisalowedwilhoutlhe writtenconsenlof lundiri AtthilacislLC. Use irifringementswiRbe prosecuted. Thecontradorls1esponsiNerorlhe verificalionofanon-sttecondilionsand dimensions. Anyandalldiscrepancie.s fromlhal lndicatedbylhesedocumerits shallbereported\olhearchiledpriorto commeocementolwork. drawing SITE PLAN dale : 12.02.14 City of Orono Council Exhibit D Hardcover Calculation Worksheet Property Address: 1!~ 11 CA.~ t3'uJT ? D Prepared by: LutJ,O, tJ A~l'Q.t.TI:, LLC- Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Step 2: PROPOSED HARDCOVER . Date: tt/ 1 /to, 4 ~,61) Tier3 Tler4 Tier5 ~~ "''"' ,,,, In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all 1 proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardco, IIJf status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and ~ calculate hardcover sciuare footaQe separately for each oortion. ~ Key to Total Survey Hardcover Item (Describe) Length x Width (Square Feet) ?Jlt,Lf .L,I (ExamDle) CGaraae) t"\-, c-• (2-4' x 30') C720 S.F.\ A ~ ... MT ""•'L.e 4'.1,&.I S.F. --}( C O#TA1t1,.rz. , .. 1.Au, • /.(a,llf"J"TbLL. ..... J.J&lfOI. J <o~.Z4-S.F. ~,.,~ B -•'&1-•" _ "l<:' ,,_ S.F. ~ • D -S.F . 'lf'I.AU E S .F. "l"fv I o~.uv.· ........ d -13~ ... a.. S.F.1' J ~'T,-0'7 A.o.\d ~iJOu,/C, f n,.,.., l ~ I,~ tu""""vl-~ fs,o, Z "1 S.F. 'If K A~ r-'An • 4-,00 S .F. L · \,:,.,/ ( ~i. ... , r>L,.,.., ~ l'-Q__,_l2-. S.F . 't- M lo£.tf\,f4uJ6 wtt-1 -Tl) IH. Yl-t~J\.A ) ~-,~"-S.F. N '::,t'otJ\.-lltrT,o lb~,_ L.1.J..a.lJI\) ' f t:HI. a;'&f S.F. 0 4U.L .. .L 1'b 11.L wL. ...... -'.A "I ,~,~ .I.I? -S.F. J/1:. P -J S.F. Q S.F . ---R --·· -t S.F. S S .F. T S.F. U S .F. V S.F. W S .F. X S.F. Y S.F. Z S.F. m Total ProDOAed Hardcover lf'(jqi'. ~,. S.F . Excludable Hardcover (See Cltv Code Sec 78-1684}: , -.. S.F. S.F. t------'-----------------..__-------;--S.F. • "'l (2) Total Excludable Hardcover SF , 1-:i.:::<3L..:-:)N:.:::;et:...:.P...:;rno::.c.:::o.=.:se=-=d:..:.H.:.:a::.:rd:.:::co:::.:v:.:::e.:...r.1.: rS::.:u:::bt::.:ract==:.:l.::.:in.=..e.1: (2:.i..!) .:.:cfro::;.:.m:.:..::.:.lin.:.:::e_,,(1.:...i.l )l.__ __________ .._, 45 ~9'. s:F: rcJ} 1-<.._•4"---'-)To=ta=l=Lo=t..;..A;;..;;re=a ______________________ ....... 1 ~4. z I S.F., Proposed Hardcover Percentage [ (3) + (4) ] /7 ·1 -0 % ~ .___-------------~~,t,-~·:::=-_, ~\' Packet Last Updated: January 2014 . <libli: J➔ This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 26 of27 T--- 1 D K S R NEW WINDOWS ----t------ 1 I I I EXISTING KITC~EN I I ----+- EXISTING GREAT ROOM I [...,-:~o~,= I I I I I I I L---------------~ ED -----EXJS.TJNG SHOP/HOBBY □ a / NEWCIDAR CCX.UMN .IND PIER FOOTING SEE SlRUCTIJRAL /' ,_/ NEW DECK ABOVE __....--REMO~ EXISTING V-AEI.D STONE PATIO SEE S\IR>£Y ED r-.- i 'ti3' I ,_,.. ---- council Exhibit E LA LUNDIN ARO<llECTS LLC 1940 EAST Rl'IER lERRACE MINNEAPOLIS, MN 55414 PH 612 616-7015 l= ==N=========='=~~·=~~O=~=~:~:AR:B:~===~:=~~~~/// 1-----------1~ lhe'l!bycertifylhatU,isptan,specif.:abonorrepart waspiepareclb)'meorundermydlrecisuper111s,on andlh.llamaaUyreg1sleredarc:Meclooderthe lawscftheS1a1eolM1nsesola. EXISTING GARAGE EXISTING BASEMENT I I I I L--------------~ ----------- z 0 ~ :::J c... c... <C w (.) z <C ii: ~ Cl w en ~ a::: RieherdC.lundinll,A!A eertlficationno.~ dale: __ .;_ __ _ consultants ola contractor project MARQUARDT RESIDENCE 2617CASCOPOINT ROAD ORONO, MN 55391 Thisdocumentislhepropertyoflundin ArchitecisLLC.andisintef\dedtobean instrumentofserviceforthisprojectonty. NoreproductionisaDowedwithol!tlhe writtenconsen1oflundinArchilectsllC. Useinfringementswillbeproseculed. Thecontractorisresponsibleforthe verificalionofaHon-sltecono'ilionsand dimensions, Anyandalld1screpancies fromthatindicatedbylhesedocumen!s shallbereported!olhearchi!ectprior!o commencement of work. drawing PLANS date: 12.02.14 A101 Date Application Received: 10/16/14 Date Application Considered as Complete: 11/16/14 60 -Day Review Period Expires: 01/12/15 REQUEST FOR COUNCIL ACTION Department Approval: , Administrator Approval: Name: Melanie Curti ' Title: Planner Item Description: #14-3697, Gary & Joan Marquardt, 2617 Casco Point Rd -Resolution Zoning District: LR-lC, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 16,994 square feet (0.39 acre) Lot Width: 47' at the OHWL & 64' at the 75' setback List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Draft Resolution Proposed Survey Proposed Elevations Proposed Plans PC Report & Exhibits 11/13/14 PC Action Notice 11/18/14 Draft PC Minutes 11/17/14 Application Summary: ) Council Exhibit F Date: 19 November 2014 Item No. 8" Agenda Section: In 2001 variances were granted to this property in order to allow construction of additions to the existing home consisting of an attached garage and a second story. The connection of the attached garage resulted in the now existing setbacks of 29.9 feet from the rear lot line and 6 feet from the side lot line (the hoJse setback of 2.7 feet previously existed). The property is located in the LR-lC zoning district which requires 10- foot side and 30-foot rear setbacks . The applicants are requesting side and rear setback variances to allow a second story addition over a portion of the garage for a storage room and lake side of the home for a master suite. The request also includes structural coverage and hardcover variances to allow 19 .5% structural coverage and 28.8% hardcover to accommodate a new lakeside deck with stair. Planning Commission Recommendation On November 17th the Planning Commission split the voting into two separate motions. 1. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as proposed. This motion passed with a 5 to O vote. 2. A second motion regarding approval of the requested hardcover and structural coverage variances to permit construction of a lakeside deck passed with a 4 to 1 vote. This was based upon the unique practical difficulties of the existing home on an unusual shaped lot and the surrounding residential character of the other homes in the area which also contain lakeside decks. The recommended conditions were as follows: a. Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window. b . The deck must be constructed as "pervious" and the patio below removed. c. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. #14-3697 19 Nov 2014 Page 2 of 2 There were neighbors present supporting the applicants at the public hearing; please refer to the draft planning commission minutes attached as Exhibit G for details. Planning Staff Recommendation Staff has prepared an approval resolution consistent with the planning commission recommendations. Due to the hardcover calculation worksheets omitting the patio near the house the hardcover square footages reported are not accurate. The 1st recommendation of the planning commission requires removal of the 60 square foot deck and stair on the south side of the home. However, with the 2nd recommendation of the planning commission the patio near the home should be removed therefore the hardcover of the deck at 288 square feet will be added, and a 100 square foot hardcover credit will be applied. These deductions result in an approved hardcover square footage of 4,898 -100 s.f. (HC deck credit) -60 s.f. (south deck/stair)= 4,738 square feet {27.8%) for the property. Structural coverage according to the planning commission's recommendations as adjusted would be 3,261 square feet or 19.2%. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached approval resolution. A RESOLUTION GRANTING VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-350, 78-1403 and 78-1700 FILE NO. 14-3697 Council Exhibit A WHEREAS, Gary Marquardt and Joan Marquardt, a married couple, (hereinafter "Applicants") are the owners of the property located at 2617 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: That part of Block1, and that part of Lot 16 Block 2 and that part of Orono Avenue, vacated by abandonment, all in "Winship's Subdivision of Lot 1, Spring Park 2nd Division", described as commencing at the northeasterly corner of Lot 141, Spring Park; thence northeasterly along the extension of the easterly line of said Lot 141, a distance of 94.5 feet to the point of beginning; thence northwesterly deflecting to the left 101 degrees 01 minutes, to the shore of Lake Minnetonka, said line hereafter referred to as Line "A"; thence southerly along said shore, 52 feet, more or less, to the northerly line of said Lot 141; thence southeasterly along said northerly line to the northeasterly corner of said Lot 141; thence northeasterly to a point on the extension of said Line "A", distant 12.8 feet southeasterly from the point of beginning; thence northeasterly along the last described extension to the point of beginning. Hennepin County, Minnesota, (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-350 which requires a 30-foot rear street setback to permit construction of second story addition 29.9 feet from the rear street property line; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-350 which requires a 10-foot side setback to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property where a 10 foot setback is requried; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1403 to permit 3,321 square feet (19.5%) structure on the property where 2,549 square feet or 15% structural coverage is permitted and 3,033 square feet ( 17. 8%) currently exists in conjunction with construction of a new lakeside deck; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1700 to allow 4,898 square feet or 28.8% hardcover on the property where 4,248 square feet or 25% is permitted in conjunction with construction of a Page 1 of 6 new lakeside deck; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 17, 2014, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #14-3697. 2. The Property is located in the LR-1 C zoning district, where 0.5 acres is the minimum lot area and 100 feet is the minimum lot width. 3. The Planning Commission reviewed this application on November 17, 2014, the Planning Commission voted on two separate motions. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as proposed. This motion passed with a 5 to 0 vote. A second motion regarding approval of the requested hardcover and structural coverage variances to permit construction of a lakeside deck passed with a 4 to 1 vote and was conditioned upon the following: i. Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window. ii. The deck must be constructed as "pervious" and the patio below removed. iii. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. 4. On November 17, 2014, the Planning Commission's actions were based on the following findings. a. The Property has approximately 16,994 square feet (0.39 acre) acre in area and has 47 feet in width at the OHWL and 64 feet at the 75-foot setback. b. The Property is located in Tier 1 of Orono's Stormwater Quality Overlay District and is limited to 25% hardcover based on gross lot area. Page 2 of 6 c. The Applicants' proposal including the Planning Commission's recommendation results in 3,261 square feet of structure or 19.2% where 15% is the maximum permitted and 4,738 square feet or 27.8% of total hardcover where 25% is permitted by code. d. Resolution No. 4640, adopted in 2001, granted variances to the property regarding the 6 foot side setback for the garage, the side setback variance allowing the second story and permitted 2,961 square feet (17.4% as adjusted based on current lot area calculations) of structural coverage. e. The second story additions to the home are proposed to be constructed over the existing footprint of the home. f. The Applicants have agreed to removal of the existing 60 square foot deck and stair on the south side of the home in order to offset the structural coverage and hardcover levels on the Property. g. The proposed lakeside deck is not out of character with the neighborhood and will meet the side, lake, and average lakeshore setbacks. h. The variance to allow construction over the existing home within the 10 foot side setback will alleviate a practical difficulty inherent to the Property's width and not created by the Applicants. i. The Applicants' request to increase the structural coverage, hardcover and second story additions within the side setback will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. j. The Applicants' request is in harmony with the purpose and intent of the ordinance. k. The Applicants' proposal is consistent with the comprehensive plan. I. The Applicant has requested approvals in order to construct an open, upper level deck on the lake side of the home. The Applicant understands and is hereby put on notice that the deck: 1) May not be enclosed above or below, 2) May not be expanded in any way without further structural Page 3 of 6 reductions on the Property. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 6. 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 Applicants, but is necessary to alleviate a practical 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 Based upon the above findings, the Orono City Council hereby grants the following: 1) a variance from Orono City Code Section 78-350 to permit construction of second story addition 29.9 feet from the rear street property line; and 2) a variance from Orono City Code Section 78-350 to permit construction of second story addition over the garage as close as 6 feet from the side property line and over the lake side of the home as close as 8 feet from the side property line where a 10 foot setback is requried; and 3) a variance from Orono City Code Section 78-1403 to permit 3,261 square feet (19.2%) structure on the property in conjunction with construction of a new lakeside deck; and 4) a variance from Orono City Code Section 78-1700 to allow 4,738 square feet or 27.8% hardcover on the property in conjunction with construction of a new lakeside deck on the Property. Subject to the conditions listed below: a) Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & 8. Any amendments to these plans may require further Planning Commission and City Council review. b) Hardcover shall not increase above 27.8% and structural coverage may not Page 4 of 6 increase above 19.2% per the approved plans. Any changes to the plans or the Property which result in an increase in hardcover or structure above the approved level will require further Planning Commission and City Council review and a new variance request. c) The existing 60 square foot deck and stair on the south side of the home shall be removed and returned to pervious surface. The existing door in this location shall be removed and replaced with a window or closed off with new wall. d) The existing patio near the home shall be removed. A minimal landing will be permitted at the point of egress as the City Building Official dictates. e) The new lakeside deck shall be constructed with spacing in the deck floor boards to comply with the pervious requirement and hardcover credit. f) The second story additions will be reviewed at the time of the building permit application and shall comply with the City's height and number of stories calculations. g) 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 and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (November 24, 2015). h) 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. i) The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 24th day of November, 2014. Page 5 of 6 ATTEST: Diane Tiegs, City Clerk Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN Lili Tod McMillan, Mayor This instrument was acknowledged before me this __ day of ______ _ __ by Gary Marquardt, husband of Joan Marquardt. STATE OF MINNESOTA COUNTY OF HENNEPPIN Notary Public This instrument was acknowledged before me this __ day of ______ _ __ by Joan Marquardt, wife of Gary Marquardt. Notary Public Page 6 of 6 ~DESCRIPTION============= ThatpartofBlockl,andthatpartoftotl6,BJock211ndthatpartofOronoAvenue,vacatedby abandonment, all ln "Winship'~ Subdivision of lot 1, Spring PMk 2nd Division", described as commencing atthenortheasterlycorneroflotl41,Spr!ngPilrk;thencenortheasterlyalongthee1ttenslonofthe eastetlyUneofsaidlotl41,adlstanceof94.Sfoettothepolntofbeglnnlng;thencenorthwesterly deflecting to the left 101 decrees 01 minutes, to the shore of take Mlnnetonk.J, s.,ld Une hereafter referredtoanl!ne-A";thencesouther!yalongsaldshore,52feet,moreorless,tothenortherlyl!neof said Lotl4l;thencesoutheasterlyalongsaldnortherly1lnetothenortheaster!ycornerofsaldlotl41; thence northeusterly to I point on the e•tenslon of said Une "A", dist.lint 12.B feet southesterly from the pointofbeglnnlng:thencenortheasterlya1ongthelastdescrlbede•tenslontothepolntofbeglnnlng. = PROPERTY SUMMARY l. Subject property's address Is 2617 C;:isco Point Road, Orono, MN S5391, lu property ldentlflcation number!s20-117-23-24-0035. 2, The gross area of the subject property Is+-0.4 Acres. 3. The subject property ls zoned lR•lC, per City of Orono zoning map. ~ ~ z z ;; w ~ Ji I I // r---- =VICINITY MAP I I =SURVEY NOTES 1. Bellrlng system Is based on the property line denoted Une 'A' In the description having an auumed bearlngofNorth79degrees13mlnutesOOsecondsWest. 2. This survey was prepared without the benefit of a Tltle Commitment or abstract and the surveyor has madenolndependentsearchforeasementsofrecord,encumbrances,resttlctlvecovenants, ownership title evidence or any other facts that an accurate title search may dlsdose, Therefore, thls survey may be revised by :;hewing that which would be died In a title commitment and then Illustrated on the survey. 3. Utility lnform.itlon shown hereon, !f any, Is a compllat!on of map Information and those visible utlllt!es thatwereloCilteddurlngthesurveyfie!dwork.Thesurveyorfurtherdoesnotwarrantthatthe underground ullllt!es shown hereon, 1r any, are In the exact loCi!tlon ns Indicated, .ii though he does cert!fythattheyarelocatedasaccuratelyasposslblefromlnformnt!on;ivallable,Thesurveyorhasnot physically located the underground utilities, Pursuant to MS 216.0 contact Gopher State One CaU at (651-454-0002)pr!ortoanye11cavatlon. 4. F!eldworkwascomp!etedonl0/10/2014. 5. The buJldlng(s) and exterior dimensions of the outside wall at cround !eve,! are shown on the, survey. It maynotbethefoundatlonwal!. ~ \ \ = HARDCOVER CALCULATIONS= Hardcoverpercenucespersetbackzone: 0'-75'fromlake: 75'-2SO'fromlake: Boathouse Patio Retaining Walls S"m lot Area Hardcover House Stoop Steps&Landlng Driveway Retaln!ngWalll S"m lotArea Hardcover 402.6lsqft 75.29sqft 72.21sqft SSO.llsqft 4.163.99sqft 13.21% 2.514.llsqft 56.BOsqft 60.27sqft 1,429.14sqft 5,36sqft 4,06S,68sqft l2,B30.22sqft 31.69" =LEGEND=======~ e FOUND MONUMENT -----EASEMENT LINE 0 ~~R~~;~~~~l ® ELECTRIC METER * LIGHT fill AIR CONDITIONER f:---GUVANCHOR H GATEVAWE "Q TELEPHONE POST b, UTILI'TY POLE t!I GASMETER SETBACK LINE OVERHEAD WIRE -·---BUILOINGUNE ~-------• BUILDING CANOPY CJ BITUMINOUS SURFACE CJ CONCRETE SURFACE CJ LANDSCAPE SURFACE -o-CHAIN LINK FENCE " , I " I " I I I I I I , " . 1/ V ·'.·' ,0, ... 1\-~-t;J;i ,' ,, 1'1/' J 11/j /I 1/ / , l\ i 1 'a I_' /~ \ / ) 1 fr~ ,1 It \ I '//!;? I 1/0 I I / /t,1~w /I I~~ I I :al / ~E I I // / I o "" SCALE ~ NORTH 20 IN 40 FEET i!imfra ----14800211111Ava.N.Stu140 ",ffloiAMlnnesotass,m (76Jl-476.6010t11laphcne (7631-476.8532 tacslmllll www.mtra.ccm Client GARY MARQUARDT Project CASCO PT RD Location ORONO 2617 CASCO POINT RD Certification lhor<!bycorllfy\l\al!hllwN•Y,Pl,no,n,PGrtwa• p,rp•1rdbymcorundor,nydo,!>(11up,M,10n 4ndtll.JllamodulyUten»dl.AN0SllJ!VfYOR unde,1ht!law,of1h0Slatoo!Mlnnnnt1 L-~ Marcu~F.Hampron lle1•m~1lonNo,47481 O•tc:10/13/2014 '!:.::::!!.:::;.::::,:;::,:'::.~ .. J:..."';:,o,N Summary Designed: Orawn:Dl Approved:MfH Book/Page:n~/10 Phase; ln!tlal!ssue: Revision History No.Date Sy Submittal/ Rev!~lon AIOJ\'Jl• Ol A,ttlp,.,l"''"'<l<tL Sheet Title BOUNDARY & TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 A Project No. MAR20042 PC Exhibit C f m :::a >< (I) :T t/1 -· 0 C" --· C: ..+ r+ ► s· :::I w II• ·H :5 " Ill ,j I i, j :E !!~ i!l! >( ~\t;l~ w ::SHH {HJ u 0.. rill l _HJ l. jli,~I i!!l 1J II Resolution ,• 1:11 ihh! thili Exhibit Bl !Hpj mm !ct l"' l I il!Hi I I N0I1V3lldd\/ 33NVHVA ~j 'I ,, 11 ., !, ~ ,, 11 ~~ i, "' l, !l I I !i, I =-----------------------: ... 1,.,1,, .. II• Jl•,~, : l q, •!I ,j I I. j ~~ ~ " jll ,' ill ~;~~ fl•r: flii1 1 .13i... 1ii1 a~ ~~ ., 1, ~h.fj,. ::s ilii ii f~ p l~!ill ljjlij !ill i; I BU ; i. ~g 1l1ili !, H NOllVJlldd\/ 3JNVIHVA -_J \111======1 \111=====<, lll=====r=====±f ~~ .... -, 1,r•«OW);1<11'.b ,., b.e .. , ,,._...,~_.. :t~~.:•:•:1~~.,.:::t,•1•1' m:a~• r•~•i,,,a,.: 1t1 r .. 1,,..,,i~ 4) ---.,...:{,...,... .,.....----... ',,,, --------J;-o• - ~ r ~ I. : (~--i I r ,,,~,_/ ~~ _______________ j _______ ";-r~~~:;:~.,,,~-" -------+' --~/{__ :: · j,_..,,.,rr,,.,; --nu,,:;,.,n 1 1~r,· r : ... "' """'~ ,u r .. ,... ~ci:1 '---trlT' -717f--"lrr-Tr-------,i----___:_ __ __i_::==::,i ):'[ c::) ~ 1 ~1~1~-~-SECTION THROUGH NEW MASTER SUITE ADDITION ~~~-.. ,,.,,,, .. , ~ .. r.r•, 111•,.,oc,.;.:,o('lt, ... 11.0 .. , .. :...,•,:~ ..,_~,. .. .._,.,..,,. ,..,. '"'· •rr '""'"' ""'"~ .. ,.._, 1....-.;,«,).t>UI fc,C,lh(.;",c'-4:fJ••';•"'lll( ar ~t-~.~/LDl 0 N_G_SECTION THROYGH GARAGE AND STORAGE ADDITION ~•· tc ""'"'"" "" I'"'"'' •••rn J II I I I I I I I I LA LC~Ul!I f.l't.1-< ltll~ llC ;;~~I:~~.~•~: ~~~~U l.hbl: olt 7010 , _ _., ........... ,,__. .. _ .. ,...,_.., ... ,,_ .. ....., _ _,, _,, .. , ....... _.. .. _,_ .. -- MARQUARDT RESIDENCE 331tCASCDPCNTROtD CRl'-llM'i~l ~i:=·::.=:~ ........................ "'"""'<nf-==:;;:=~ 1 ............. ._,.._"',. .....,__., ........... --.....,., ==-~-:::=. ............. ,.., ....... ""'"" !1~J-> ~ ~ 1/4" = 1 -u TYPICAL NEW ROOF CONSTRUCT/ON u,no. ASPHALT SHINGLES, 5/8" PL Y'IIOOD OR OSB R44 BLOWN INSULA TIQN, PREMANUFACT\JRED ROOF TRUSSES W/12" ENERGY HEAL VAPOR BARRIER TAPED AND SEALED l" GWB OM CEILING, SEE FINISH NOTES. // 81/' / ' ~ NEW STORAGE ROOM ADDITION ,.-...,,, ,///, -~--------'--------'--'---'--'-""--'---'-''-------'----'-------'---"" EXISTING GARAGE I - -~I TO PLATE 7 IP------:--:1--l --- TO SUBFLOOR TO PLATE MAIN LEVEL f2\ BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION ~ □ VARIANCE APPLICATION [[J ~ ! nu 'il!j' ~~ ;~ '' i g a 1m. {liia! i § ' ~ " ,;ti l ,1th; ~~ me 1111 r 1 " ii' t tum ~~ ,; 1•i < ~ z !h • ---i "' ~iJn i I I : ~ ,~ I I I -r------------f 11 I 11 I 11 I 11 I 11 I : : ~ 1' 1 I I : : ! ~: ! :1 I I I I~ I I 11 I ?f-..,, 111 I =0-i ~----------1 Ill; ! I / I : : > I I ' I I I i : : ------------------------~-----t : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , l l~~="ri---;:;::;;:::j' ' I I I I I D~: I I I I I I I I fl I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I F===='--=======~==/=;;=====-L-_i r . I ! i I j, I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ---, flJO: •11¼ 'f . ,, I., J ii lJf 111 t,1 I I I I I I I I I 'i:~r-E,0¥):> .2•~ ;;~l,; "it~ VARIANCE APPLICATION ~ .,, ' ,; ! z en I 1 J'>>a-=========;-;/fii,-1~-- : 9'-Bj' ··T-! "f' IH ii t •' r ti!st! f 11;1 ·!n i7~1l1 ' tn !Hjt i !ih ?ll1 1 r;: f ,r ... 'f 1---------1 _:!_ I I I ., ___ _ I ,~·~2~.-----I I :g ,.., I I I I I IJl'---------,/' I I I -------------~----------1-----! ~ . - I I I I I I I I I I ' I I I I I I I I I I I I I I I I I I I I I I I I I I I ------+-- I I I I I I I I I I ,i I I I I I I I I I I I I I I I I I / F~11,. I I I I I I I I I I I I I I I I I I I I I I I I I Q I I I I I !lf t!, ,t l Ii I I J !1l '! I I I ' I I I L ~ VARIANCE APPLICATION [] 1111 r1 ~ ' I ' I ' I I ' I I I , ' j_ I I L p !,@ ~~ ~ f;7 ' ' ' ' ' ' ' ' ' ' ----m~~~='l!!J------------~ L_ ~ L r-----------'=====:::;::i I I I I I I I I I ' I I I I I I I I ' I ' ' ' .,____ - ' I I ' I ' I __________________ _.,...,...,!!!!Ecta,,i.;,...,"""'l--~ u·-~t © ' ' L ' ' I I mi . ~ I , I ; Hli ! HU 00 I !~ pn I· It' ' H} -i !!1 !lij r- i]~• )> ~m A ~/IR\ANCE /\PPllCA1iON V, l+,.,.h~~-=------F ---- ~---------------------- ) ·---,~ ,:r.o / I+ 0 0 0 0 I / / I I I I I I I I 1 ' 1~ \! \ \ \ \\\\ 'J -.s-l -~i Ht\ ~ ill i" ,\\ ---- / / / / / / =DESCRIPTION That pi'lrt of Block 1, and th.it part of lot 16, Block 2 .:md that part of Orono Avenue, vacated by abandonment, all !n "Wlnshlp's Subdlvlsfon of Lot 1, Spring Park 2nd D!vlslon", described as commencing atthenortheasterlycomerofLot141,SprlngParlc;thencenortheaner1yalongtheextens!onofthe easterly!lneofs11!dlot141,adlstanceof94.Sfoettothepo!ntofbeglnn!ng;thencenorthwesterly deflectlngtotheleft101de11rees0lm!nutes,totheshoreofUlkeM!nnetonka,s11Jdllnehereafter referred to :m Une "A"; thenee southerly a Ions sllld fhore, 52 feet, more or less, to the northerly line of saldlot141;thencesoutheasterlya!onssa!dnortherlyl!netothenortheasterlycornerofsaldtot141; thencenortheaster!ytoapolntonthecxtenslonofsa!dllne»A",dlstant12.8feetsouthcstcrlyfromthe polntofbci:lnnlng; thence northeasterly along the lnstdescrlbed extension to the point ofbeglnn1ng. = PROPERTY SUMMARY 1. Subject property's address Is 2617 Disco Point Rond, Orono, MN 55391, Its property !dentlf!catlon numbcrls20-117·23·24·0035. 2, The gros, area of the subject property Is+-0.4 Acres. 3. The subject property ls ~oned LR·1C, per City of Orono zoning map. ;:i § z z ;;; ~ t r----- =VICINITY MAP======== I I = SURVEY NOTES 1. Beilrlng system ls based on the property line denoted Une 'A' In the description having an assumed beilrlngofNorth79degrees13m!nutesOOsecondsWest. 2, Thls survey was prepared without the benefit of a TI tie Commitment or abstract and the surveyor has madenolndependentsearchforoasemcntsofrecord,encumbrani::es,rl!str!ctlvocovonants, ownershlpt!t!eev!denceoranyotherfactsthatanaccuratetltlesearchmaydlsdose,Therefore,thls surv11y may be revised by showlng that which would be cited In a tltle commitment and thl!n Illustrated on the survey. 3, Utltlty !nformatlon shown hereon, lf any, Is a compllatlon of map Information and those visible utllltles thatwcre!ocateddurlngthcsurvcyflcldwork.Thesurvcyorfurtherdoesnotwarrantthatthe undere;roundut1lltlesshownhcreon,lfany,11relntheexact!ocatlonaslnd!catcd,;ilthoughhedoes certify that they are located as accurately as possible from !nformotlon ava!loblc. The surveyor has not physlcal!y!ocatedtheundcrgroundutlllt1cs.PursuanttoMS216.DcontactGopherState0neDl!lat (651-454-0002Jprlortoanyexcavatlon, 4. Fleldworkwascompletedonl0/10/2014, 5, The bul1dlng(s) and e~terlor d!mens!ons of the outside wall at ground level are shown on the survey. It maynotbethefoundatlonwall. \ \ =HARDCOVER CALCULATIONS= Hardcoverpercentagcspersetbacktone: 0'·7S'fromlake: 7S'-250'fromlake: =LEGEND Boathouse Pat!o RetalnlngWa!ls s,m Lot Area Hardeovcr House Stoop Stcps&.1.Jndlng Driveway Retaln!ngWa111 s,m Lot Arca Hardcover 402.61sqft 75.29sqft 72.21sqft 550.llsqft 4,163.99sqft 13.21% 2,S14.llsqlt 56.SOsqft 60.27sqft 1,429.14sqft 5.36sqlt 4,065,GSsqft 12.830.22sqft 31.69% e FOUND MONUMENT -----EASEMENT LINE 0 ~~R~~~~~;~~l ® ELECTRIC METER * LIGHT (ill A1R CONDITIONER E---GUYANCHOR M GATE.VALVE 'Q TELEPHONE POST 'Q UTILITY POLE lCI GASMETER SETBACK LINE OVERHEAD WIRE _._,_._._, BUILDING LINE •-------• BUILDING CANOPY CJ BITUMINOUS SURFACE CJ CONCRETE SURFACE CJ LANDSCAPE SURFACE -o-CHAIN LINK FENCE I I I I / / : ,~\ / i!~ i / I I 1-.. \ I ~ 1 /1; I / if Sf I ,fu I I / t' I /!1 ii ~E I I ~g / // / I SCALE ~ NORTH 20 40 IN FEET ~mfra ..,._...,.,,,..,.. ....... 1-1800211thAv8.K,StllHO Pl',-mouth,Mlnnesaiass.m 17631 ◄76.&nO m!eprtono 17631 ◄76.8532 lacslm11e www.mrra.com Client GARY MARQUARDT Project CASCO PTRD Location ORONO 2617 CASCO POINT RO Certification I ho11bynn!fv 1h41 thl1 •urvoy, pltn orro~ttwn pr,po,,:dbymeorundrrmvd1roct1upof'illlon ondthotlam~dulyUnnu-dLANOSU~VfYOR undo<th .. towiofth~Slllt•ofMlnnn1111, IL:-~ M~rcu1F.Hampt0n R•t~tratlonNo.47481 Dote:10/U/2014 :::"'bl•.<on1«1u,f.,,,..,,..,...,. .. o1w,......,,..," Summary Oes!gncd: Orawn:ot Approved: MFH Book/ Page: 7l~no Phase: lnlt!a!lssuc: Revision History No.Date By Submittal/ Revision ,. 10/1~/U 0~ Mldl"°""'•ddttl. Sheet Title BOUNDARY & TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 A Project No. MAR20042 Council Exhibit B1 EXISTING BOATHOUSE I I I I I I '· ::-__ "~i \ \ \ _,.,.., !Jf'H.; J.11 m n,~,- \ \ \ \ .._,, MARk'Fn IC: .47.4S21 -Bi_ 0' :st Bl 81 C< lJ Cl <( :,<:: z 0 1-w z z ~ w :,<:: <( ' _, a: ~ i!i is ,' '\ \ ,.,, ', ,-,-, "' --·----"" l ' \ , .,;, , ·,,,,,., " -1:' "-( /"' -~',,-, '~::;_ '-t-> I '------------,, '-.' qj - I r-~-,.-~-. '----~1EE'J:::'i-i_--c(l!"7 ,---,~~ ----N'l~J'on-w'2"--20 72 '---___:~,_-\ ·•:;;> cl"~~ -;Y /ff I / -,;;,J-.c... • ,<.·_ ' \ " 1, -____ '' 1 ' -11 ) \ lS'PINE \ '•_:,/ / .• \ \ ~~~~ri~::::s::;;:::.:~~~~~ff ,191 , l I / I I \ \ I ~+ \ I \ EXISTING BUILDING I I ; I . t ---- ~VICINITY MAP - i4"t~J~.,v, l~~~, <k1s17/;c 8U1lD11;G ' ,"~'LO I J~ I Q \ I a \ I IQ; I /j I / Y';a '; vj I "'{'" ' u I ,1/~I / l/i~ 1/ I i;i~ £ C:JTr' / / ~i I I ~ <( ~ z ~ w z z ~ w :,,: <( _J . I EXISTING '. I / I 80A1HOVSE I ~ / I~ 233 \ / i I \ \ \ \ I I I . \ \ I I I 1 \ J ~ \ I I I I / I er. I=! ~ lL 0 )) ;­ JI I. /1 -- ~ VIC IN ITV MAP~~=~~~~~ 'lJ _J; n n" SPRING r A"'" -----.r'cJ; ·-BAY ~rj, I I I I I I , -93_4 r~ \ \ ; t>.1sr11ya 8 /JtlD1;yG I l J j I ,, (~~i,u~ vlf1 sli~V'u ' I "'-VJ ,, \ I '-' MARl<Fr'I I<:. Ll7l1Q1 O' I Bi-ist !Bl IBI i I , \/ :o I \.t ' :c1 . I \I j ! i ,J JI c§>I \ .;-· i ci I / .~r\ i /I ff \ I ,N' I / J..... \ "~ I < ! I! \ I c;,v \ '°' // /;? I 1/u I I / 11:~w 1// I :s I I~~ /£ I I / / / ,_,·1 CJT ~ -U ·g :s ::, ·-o .i:: u Jj 0 z ....-~~ = u ~ (D u. 0 t3 ~ 0 i3 ->"-. :::r-... -... ~--... •;; ! ~.; ' ' : ·~ •.<:~;; ; -..:.....a•·· I· :_ -!!W . ---~~. 0 ~ 0 c::. 0 LL 0 ~ u ....... ""t:l c... cc ::J c:::r c... cc :::E ;!: = ~ co ,___ u C) ~ ::=::: c:::i Cv:J ........... Cr:J c:::i QJ t.J c= CIJ :S! Cl:] QJ C!;::;: _. --i::::, c... re :::, c:r c... Ct:I :::::::E 0 z 0 c,: 0 ,, 0 >-i-u <( --' i j ! ll I ~I 21 'I 'I I J ; ij' j.ii.!l~l •·Ill rhni !Hri !!jijr ~.;: i 5 ,, :,,I " ,, 1, ii ,, I I lj !I. II d t atiii; ,, lF!• 1]] ji'Hl E !ilm 1 NOil VJlldd'f 3JNVIWA ,I i! jl I 5,'< 3 11• if'll~l ' 1 }!· liJ •!l i~ 111 ,1 I J, I .I ~ •j Ill iliili 1!11 5~ ~~ hi111 <t: {1fi ~~ !31•"i iijHl I~ mih I ;, ~ _J rh, l fl ~~ ; r _HJ 11 ll .. N011V8lldd\l 38NVl~A I ii ii ,, _J I/ t ;""'.,'..!"/'_;';_:-;:ornuc"?'!u,.,~". ____ _J~::::_-::-:_-.._ _____________ ll_,:_rf __ : ;;fa:O:-i~:;i.f;'. "'"' ,/ ",, : :[':.:~•~~::~::t~ n~n., '," ,, , , , r <Oil o-, ~1"" '.,(Cr .. ~, ,.,m~ _,0 r I /'."';:,.';:';;.':,"""m•-7! I : ~~=-~~~:::-.~ ------------------+-------7 : f:£':~:;;;;:;;;.:'."''~" I I -------f----,'----< 1~ ,~~II,(; 91.,1: fOl'V't ------------- ,c,r-o·P.•1r :,:,::r'"'~"·, 1~ ',J~a(•;I• ----- '---tr,-.,'~-~~-~~~------------,-t---------~-----rl !O"lA1 ----- ~··~-1 """"""'""'""("""'"""' ----- J BUILDING SECTION THROUGH NEW MASTER SUITE ADDITION ~~Ol/ 1/4" a. 1'-<J" ~ I I I I BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION 1/4"-1·--:· a 5 c.VJ LA ·---·-..... -~ ..... -~-.. -~-... --,..,, ..., ... , .... ...,.__,~_,. -- MARQUARDT RESIDENCE 2617CASCOPONTROID OOO.O.MN!6!31 ~=;;·== ::=.=:r==f;· v .. .,,,_,...1..,_, :~"":':=~n =~=tf~ it~••s-• ··-UJ ~'··-~ A201 = ~ ~ 1/4" = r-o· TYPICAL NEW ROOF CONSTRUCTION u.no. ASPHALT SHINGLES. 5/8" PLYWOOD OR OSB R44 BLOWN INSULATION. PREMANUFACTIJRED ROOF TRUSSES W/12" ENERGY HEAL VAPOR BARRIER TAPED AND SEALED l" G'IIB ON CEILING. SEE FINISH NOTES. 8 r /,/ /-····, / . EXISTING GARAGE NEW STORAGE ROOM AOD/TION ~ : - -~, TO PLATE ·2 11 ,1r--- TO SUBFLOOR TO PLATE MAIN LEVEL (2"\ BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION L1 " ~!~ ~§J~ c:::( i""" ail. -''m I I I I I I I I I Ill Uj Hp ii,! {Iii j!ll -Ill 1-..-__ _ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I i. j ; (--Tr=JE===.,==;;:::=:::::;:;:::==::::;ic===,=,=l I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 r I I I I I I I I I I I I I I I I I I D ! ~'==: I I I I I I I I I I I I I I I I D I I : --+------ / I I I I : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I ____ bl_ _______ _ : I i f----l------,----------------- 1 i ~ (----------~ ! h ~= I 11 1 i ~: / I I 11 ; :~1 / : / I I I I "cl/ ; i!:i I II I 1, I '1 ,L ___________ J_ I I I !\ I I ---------· ) i~ ! ~~ ii p l. ~g □ dllll ~ L§J NOllVJllddV 38NVltf\/A Council Exhibit DI I I I I I I I I I I I I I I I I I I I I I I t-~~·: __ -;1'r==c;i~i ============~-71 I I I I I I I I I I I I I I I I I I I I I I I Jr-,, b c~~-tr1==~,==rr===n=~7F7T I I I I I I I I I I I I I I I I f I I I I I I I I I I □ --+------ ' I I I I I I I I I I I I I I I I I I I i 0 -------- ;-----1----------~------------- I ; :' i \ -,r;---~.t~,-.,· 11f ; -------.-.. 11 \ I I I I I 1-ii' f I I ,, ,, 1/ ------~~-~----1 .11-,11 I I I I I I • I "ft ., I I ----I ----------~ _£·.£ ________ -----------,f- t•·,o □ .ts-,, ---------1,1,-f-!==~~==-~ \ .,,-., I ' I I I , I 11 , ,, ~ 1:: ,, ,, ,, I e" M ~~i ~ c__ i1d · / i ;Ii~ / 7: ,/ . : ; I .!Z-,<I I -----~ I I ' "' ____ La.~---------{.. =~;:<_:~~~~~~;~:~~~----~i ----7 I I I I I I I I I I I I I I __ J !ii ij I { ~ra 1-1 •"" ,Iii ~~i~ ,,, <C"l ·d:f" :~ ~ im _J ~n: !Ill ; 7 ~ r------------lJJl""""""""""""F"""=="==-., I I I I I I I I I I I l:iw ~ ~u ~ ffl ::>ill ii p i ~i .. * !!f ~~l ,1pi_ -z dllll if 'j,l! :s@~ j-,l •, ii iFf. a. t3 C) ;[]J Will .. 8~~ j~! j I I ;s IL! ! ii~~ ~ i 4'. l/3 !U,ii !,.H .. 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I I I I I "' I I I I I I I <) / / / / / I / / / / / I I / / / / / / / / / ,,/' □ / / D D D D D D NOllVJllddV 38NV1HVA Date Application Received: 10/16/14 Date Application Considered as Complete: 11/16/14 60-Day Review Period Expires: 01/12/15 To: From: Date: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator /4~ Melanie Curtis, Planner Mf/ , \' 13 November 2014 Subject: #14-3697, Gary & Joan Marquardt, 2617 Casco Point Rd Variances: Side Setback, Structural Coverage & Hardcover Public Hearing Zoning District: LR-1C, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 16,994 square feet (0.39 acre) Lot Width: 47' at the OHWL & 64' at the 75' setback Application Summary: The applicants are requesting a side setback variance to allow changes to the roof to accommodate a 2nd story addition over portions of the existing home within the 10-foot setback; a rear setback to accommodate the same second story change within the 30- foot rear setback; a Tier 1 hardcover variance in conjunction with the construction of a new lakeside deck and stair resulting in 28.8% hardcover where 25% is allowed and 27.16% currently exists; and a structural coverage variance to permit an increase from 17 .8% structural coverage, where 15% is allowed to 19.5%; or ~773 square feet more than permitted. Staff Recommendation: Planning Department Staff recommends approval of the setback variances . Staff further recommends denial of the requested hardcover and structural coverage variances . See page 4 for more detail. Pertinent Zoning Ordinance Sections Sec. 78-350. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR -1C district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 (b) Lots . The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent (acre) (feet) (feet) (feet) (feet) to Street feet) 0.5 100 30 10 30 15 (Code 1984, § 10.25(6); Ord. No. 18 3rd series,§ 3, 9-27-2004} Sec. 78-1700. -Specific tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented . (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. Council Exhibit E 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. Background Application Practical Difficulties Form Proposed Survey Proposed Plans Proposed Elevations Submitted Hardcover Calculations City Engineer Comments Aerial Photos Perspective Photos Resolution No. 4640 (2001) Site Plan (2001 Approval) Property Owners List Plat Map FILE# 14-3697 13 Nov 2014 Page 2 of 4 The subject property is located in the LR-lC zoning district which dictates a 10-foot side setback and a 30-foot rear setback. The home on the property received variances in 2001 allowing for the construction of the attached garage and a second story resulting in the existing setbacks of 29.9 feet at the rear and 6 feet from the side for the garage; the house setback of 2.7 feet previously existed. The applicants are requesting side and rear setback variances to allow a second story addition over the garage and lake side of the home. The applicants' request also includes approval of structural coverage and hardcover variances to allow 19.5% structural coverage and 28.8% hardcover for construction of the new lakeside deck. LOT ANALYSIS WORSHEET Lot Area/Width: LR-lC Required Actual Setbacks: LR-lC Required Rear 30' North Side 10' South Side 10' Lakeshore 75' Lot Area Lot Width 21,780 s.f. {0.5 acre) 100' 16,994 s.f. (0.39 acre) 47' at the OHWL 64' at the 75' setback Existing Proposed +29.9 No Change 2.7' house No Change 6' garage 26' No Change 108' 102.1' proposed deck Average Lakeshore This setback appears to have been met. Structural Coverage: Total Lot Area Total Structural Coverage 16,994.21 s.f. (0.39 acre) Allowed: 2,549 s.f. {15%) Approved (Resol. No. 4640) = 2,961 s.f. Existing: 3,033.7 s.f. {17.8%) Proposed: 3,321.7 s.f. {19.5%) Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Tier Zone Hardcover Tier 1 16,994 s.f. 4,248.5 s.f. (25 %) Side Setback Variances Existing Hardcover 4,615.7 s.f. (27.16%) FILE# 14-3697 13 Nov 2014 Page 3 of 4 Proposed Hardcover 4,898.4 s.f. (28.8%) In 2001, the City approved the construction of an attached garage and second story on the existing home which was situated approximately 2.7 feet from the side lot line where a 10-foot setback is required. The attached garage was permitted to be constructed generally in line with the existing home, yet slightly off center so that it met a 6 foot side yard setback and was intended to meet the 30-foot rear yard setback. As constructed, the garage is 29.9 feet from the rear. The applicants are proposing to make additional second story changes to the home which include a new master suite on the lake side, and a second story storage room addition over a portion of the attached garage. The change in the second floor required to accommodate approximately 10 feet of the master bedroom expansion within the side setback and the storage room result in additional roof structure and additional massing within the substandard side and rear setback areas. Hardcover & Structural Coverage Variances Currently at 27%, the property exceeds the 25% hardcover level permitted on a Tier 1 property. The 2001 approvals included a 75' -250' hardcover variance to permit 3,710 square feet of hardcover where 3,181 square feet was allowed in that zone. The resulting variance approval plus the existing hardcover noted within the 0 -75' zone at that time (411 s.f.) was 4,121 square feet total hardcover for the property. Additionally in 2001, a structural coverage variance was granted in order to accommodate the additional square footage of a 24' x 26' garage, resulting in 2,961 square feet (16.9%) of structural coverage approved for the property. At that time, the lot area was calculated at 17,467 square feet. Today's lot area calculation is lower at 16,994 square feet, putting the approved structural coverage percentage at 17.4% based on the current lot area calculation. The property currently exceeds the approved level by 72 square feet; the variance requested would increase it another 288 square feet above the approved level. Practical Difficulties 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 practical difficulties 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. FILE# 14-3697 13 Nov 2014 Page 4 of 4 Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty regarding the location of the existing home. Regarding the setback variance request, staff finds the applicants propose to use the subject property in a reasonable manner. The proposed additions to the home resulting in an increase of roof mass located as close as 2.7 feet from the side lot line for the garage addition and 8 feet for the master suite do not appear to alter the essential character of the neighborhood. However, staff finds the applicants' request to increase both structure and hardcover above the allowed and variance approved levels is not reasonable. The proposed structural addition to the home {deck) increases the existing nonconforming structure and hardcover levels on the property is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the subject property in a reasonable manner which is not permitted by an official control? Are the hardcover and structural coverage levels proposed reasonable? 2. Does the Planning Commission find that the variances, if granted, will alter the essential character of the neighborhood? 3. If the Planning Commission finds practical difficulties exist to support granting of the requested variances, would it be necessary to impose conditions in order to mitigate impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home conditioned upon screening from neighboring properties as the Planning Commission deems appropriate and feasible. Additionally, the additions must conform to the standard height and massing requirements of the zoning code. However staff finds no practical difficulties exist which support the hardcover or structural coverage variances, therefore these requested variances should be denied. CITY OF ORONO VARIANCE APPLICATION PC Exhibit A 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 # I¥-3 /,q 11 , Date Received: /()-Jk-lf Staff : __.M~· """'e,,___ ___ _ Fee: $700 ...ld:_L Renewal: $350 JL After-the-fact: $1,400 Double Fee Escrow Fee: $7Qft[$2,5Q!D~ 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: Site Address: 1,,--G( 7 C?-,s c.:o {) 7, p__. &) G¥4-o~}v Property Identification Number (PIN): z-..o-(( 7 -2-3 .... Z-'f:'-eo~s-c Date Property Acquired (month/year): 0 .:(-(Cf!j S: □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: (q'-'ity A,61/v }cAJ /.JlAIJ G:iif:Altpl Phone: {is: 2.--1.f:7 r-c·,v:z G , Alternate Phone: 6(2 ,ZIC/ o/ 7),£ Complete Address: i.---c;:,7 Cth co fDttf 1 hArJ City, -~tate & ~IP w&y? f\:>:-:ti kl tl :">"}1 er/ Email. ~ of>-cJ r i\t\Atl fedAAJn-@6-MAtL: 'c Ci?!:\ Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: G ,p.~y (AlfJ h cl t~V MA lJ kW ~-ll_'bi Phone "fS-2--tt:7/ -O<";;G . _ Alternate Phone: <G::f?, 7 /'( q /);( Complete Address: '2---~ C4 5 c O A,); t'tti lb )<'.iJ) City, _state & ZIP lv,-\-y :j?--A 'r:f\ ~ 1'--1( A) L'5!55ZI Email: JD p,rJ , N1i44 cf} J A ,f1_ tyz:@_C, .. }{(Pl I [ • c ct', Fax: DESCRIPTION OF REQUEST: Describe th~ request in detail (attach additional sheets if necessary): u,..,e\( t,r!<;e >r o itiDl> A fJ tJ J o i O C,t,\_ &cV ·rk e 2-v.U rvz:) l't'( -/Jo T: A $ l::c)V ~'.I.[~ R.Df..'t-£,t t, V--a IL_ y~~ --~.2...6:\-l'l--~Gx _ A-:~v o pc>,~ :A 5 (?lt4(..,,'-'77 ~-cK ~tv t:ke tj41.<:e.. fro -.e... "'"~ I e.. Uc. ,1 .5-Q , RECEIVED Packet Last Updated: March 2014 Page11of# 3 6 97 CITY OF ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Not Applicable □ □ □. □ □ □ □ □ □ □ □ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are 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. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. /2 . Applicant's Signature: Applicant's Signature: Date: Owner's Signature: Date: Owner's Signature: OCT 16 2014 Packet Last Updated: March 2014 Page 12of27 # 3 6 97 Cl1Y OF O r-.-" .. ,, r·{ ~ ..... /, ... DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. C-d-t, First f vee Middle Last Address City State Zip Packet Last Updated: March 2014 Page 13 of 27 # 3697 Phone RECElVED OCT 16 2014 CITY OF ORONO ) PC Exhibit 8 PRACTICAL DIFFICULTIES 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 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties 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 practical difficul,ties. In order for an application to be heard by the Planning Commission and City Council practical difficult.ies hav ng merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? '. l"hi's· form has· 1-2 points ·-0utlinir;ig the basis City s.taff uses to determin~ if practical ditific1.i }: · variance . will affect the. surrmmding community. T,o· prove practical difficultie~ •. addres a 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 approvpl recommendation .. If you leave something out it will not be considered. ,. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. ''The property owner proposes to use the property in a reasonable manner not permitted by · the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." fA,f ~IH:::,;i..,4, t.lat: J 12-e.. AN!2 u:R--llC/'z::<..}t-:f P(A-l~h1.-ev'f f/['.StiA'Pe_ 3. "The variance, if grantedI _ will not qjter the essential character of the locality." c:_~ .... ~,,_,. J...,_,,,f ...,,r H., ..,s ~ rlJ;,~ cl< 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are 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 allowed ;t this Chapter for property in the zone where the affected person's land is located." Packet Last Updated: March 2014 RECEIVED OCT 16 2014 Page 16 of 27 CITY OF ORONO # 3697 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." (0,A, 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 1 " /I u> C O'l'f-af Li..,tt., SnE>~,e_ t,v/ tJ,t,d·(/oc..L)1v.J.;_ V£?T ~~Ve£ /,,tL,K<_, 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." )( 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." -,-... "th ..e Cofl)'tY--A~1 t..f: ""'6. .-4 I.!>$ ,-)~d.s -r b t;.er 'l-o .,.~ /,,;,.~ v<..--e PJJ.Je.J 'fr; ~p ··d1 l"e vG.. .t1 flv.e 1:fi> v ~ ,e - :i.et 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." ( ~·• . I .1 t' I t-le,41:1:''1 (J5vej -g;n:1."'t>c:M.: l11--e~ etJ 'r'~e. 'De~/tl ~eY't-(v 'r11,A-JV ,1,--'r Yn.e,:,ti,DIJ.-e, Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional · sheets if necessary): · · · 1• _. • RECEJVED Packet Last Updated: March 2014 OCT 16 2014 Page 17 of 27 CffY OF ORONO # 3697 October 6, 2014 Affidavit Regarding Variance Application Hardship for Gary and Joan Marquardt 2617 Casco Point Road, Orono, MN 55391 To Whom It May Concern. We have been in this residence since October of 1985. In 2001 we remodeled our decaying rambler home to the state that it is in today. Having retired two years ago we have found that life's changes require that we try to make our home a place where we can continue to enjoy our property and the lake and our family in a more accessible and safe manner than we envisioned almost 15 years ago. A. We now have 8 Grandchildren 6 of which are under the age of 10, (One is a special needs child). Kids move quickly and it is important to us to always have an eye on them and know if they are near the lake. Currently, we have to go through the house (loosing sight of them in the process) to get out to the lake-side yard. Our Grandson Frankie who visits often and for extended periods of time had extensive open­ heart surgery at just three weeks of age. He was on a heart-lung machine for extended periods during the surgery and thus has been delayed in his development since then. Most concerning is that he has "global low-muscle tone" which affects his balance and reaction time. He has four specialists that he sees weekly for this, speech delays and other issues. Now 4 years old, he is a delightful little boy but like boys are, he is difficult to keep track of and precocious. We want to enjoy as much of his life as we can in our retirement years with as little fear of something happening to him while with us as possible. We feel having a deck with a door from the kitchen will allow us to keep the little ones on the deck and keep an eye on the older ones with much quicker access to the yard if needed without losing sight of them in the process. B. My wife has high blood pressure, asthma, and hey fever and I have degenerating knees. Although these are manageable right now, we feel that enjoying our property in our golden years will require having a deck off the kitchen and easier access to the lake-side yard. We anticipate a time when getting into a boat will be a problem and the deck will be our new lake­ life situation. C. This lot was deeded long ago with narrow side clearances. Although the property line comes very close to the garage on the NE corner, in 2001 we pointed out that the intent of the 10' setback for fire is a total of at least 20' separation of structures which, despite the closeness of the lot line does exist between the buildings. We also agreed to double the sheet rock in the area nearest the lot line. This situation existed long before we moved here and is not something that would exist if this were a new build. There have been no issues with the adjacent neighbors (Bruce and Carol Hedblom) who have also lived here since the early 1980's. We feel it is important (especially with Frankie, our special needs Grandson) to have the grandchildren sleeping on the same floor as adults when they are here. Currently we have a master bedroom and just a very small bedroom on the second floor so that when visiting the kids always end up on a different floor from the adults which we would like to remedy for safety and security reasons. Our next -door neighbors have been broken into twice in the past 15 years and just this summer a neighbor three doors down had intruders trying to break into their house. We feel that we need adults on the same floor as the kids when they are here. By adding an additional bedroom and small bath upstairs we can make our home safer and more comfortable for our family who visit often and make sure that we always know where the kids are when we have them here. Our neighbors on all sides have seen our plans and are in favor of our intentions without reservation. Sincerely, }~~~ Joan Marquardt RECEIVED OCT 16 2014 CITY O F o r~..:..:.) # 3697 ==DESCRIPTION============== Th;itpartofB1ock1,andthatpartoflot16,Block2andthatpartofOronoAvenue,v11Clltedby ,1bandonment, all In "Wlnshlp's Subdivision of lot 1, Spr!ng Park 2nd Division", described ;is commonc!ng atthenorthe.isterlycornerofLotl41,Spr!ngPark;thencenortheasterly;ilongtheeltten!Jonofthe easterlyllneofsa!dtot141,;1dlstanceof94.SfeettoIhepolntofbeglnnlng;thencenorthwesterly defl«tlng to the left 101 degrees 01 minutes, to the shore of Ulke Mlnnetonlw, said line hereafter referred to an Line "A"; thence southerly along s.ild shore, 52 feet, more or less, to the northerly !!ne of said Lot 141; thence southeasterly along said northerly Une to the northeasterly comer of said lot 141; thence northeuterly to a point on the extens!cm of said Line "A", distant 12.8 feet southester!y from the polntofbeglnnlng;thencenortheastedylllongthelastdescrlbedextenslontothepolntolbeg!nnlng. =PROPERTY SUMMARY L Subject property's address 15 2617 CISCO Point Road, Orono, MN 55391. Its property ldentlfJcotlon numberls20-117-23•24·0035. 2. Thegrossoreaofthesubjectpropertyls+-0.4Acres. 3. Thesubjectproperty!szonedLR-lC,perC!tyofOronozonlngmap, < ~ z z " ~ ·1 , ) I \ ' /2J.:s' I,--7 I I \ EXISTING BO"lHOVSE 1:--\t..-f:--=•-1 -~ ,j,i:~lS'"I -·... BRICK., ! EXIS71NG ' , o,. ' , "! n-•-· , \ ' . • ·, .~J-- /I I /---._ -- ==VICINITY MAP=======!:: =SURVEY NOTES============= 1. Bearing system ls b.tsed on the property !!ne denoted Line 'A' In the description having an anumed bearlngofNorth79degreesl3mlnutesOOsecondsWest. 2, This survey wns prepared without the benefit of a Tltle Commitment or abstract and the surveyor has made no Independent seuch for e.m1menu of record, enrumbrances, restrictive covcmants, ownership title evidence or any other facts that an accurate title ~arch may dfadose. Therefore, this survey may be revised by showing that wh!ch would be cited !n a Utle commitment and then Illustrated on the survey. 3. UUllty Information shown hereon, If any, ls a comp!latlon of map Information and those vlsJble utl1!tles that were located during the survey field work, The surveyor further does not warrant that the undergroundutll!tlesshownhereon,!fany,arelntheellactlocat!onaslndlcated,althoughhedoes certify that they are located as accurately as posslble from information avnllab!e. The surveyor has not physlcal!y located the underground utUltles. Pursuant to MS 216.0 contact Gopher State One can at (651-454-0002)pr!ortoanyeMcavatlon. 4, Field work wn completed on 10/10/2014, S. The bu!td!ng{s) and ei,cterlor dimensions of the outside wall at ground level are shown on the survey. It maynotbethefoundatlonwa11. ~ ' I " / / =HARDCOVER CALCULATIONS= Hardcoverpercentagespersetbackzone: 0'•7S'fromlalce: 75'-2SO'fromlake: B011thouse Patio Reta!nlngWalls s,m Lot Area Hardcover House Stoop Steps&Landlnc Driveway Retaln\ngWaUI s,m Lot Area Hardco11er 402.6lsqft 75.29sqft 72.2lsqft 550,Usqft 4,163.99sqft 13.21% 2,514.llsqft 56.SOsqft 60.27sqft l,429.14sqft 5.36sqft 4,065.68Jqft l2,830,22sqft 31.69% =LEGEND======= e FOUND MONUMENT -----EASEMENT l!NE 0 ~~~~;~~~~1 0 ELECTRIC METER * l!GHT ~ AIR CONDITIONER I-GUY ANCHOR M GATEVALVE 'Q TELEPHONEPOST b, UTILITYPOlE K!1 GASMETER SETBACK LINE OVERHEAO WIRE BUILOING LINE BUILDING CANOPY c:::J BITUM!NOUSSURFACE [==1 CONCRETESURFACE c:::J LANDSCAPE SURFACE CHAIN UNK FENCE I I I I I I I I \ I \ I / i/ 1/ J ~ I NORTH I 0 20 40 P-! SCALE IN FEET j!rnfra ----1480028111M.N.,St81-40 J,flnolllf1,Mlnnesota55447 1763l476,6010te1Dphone 1763l ◄76.853Z lacslmllll www.mflaCom Client GARY MARQUARDT Project CASCO PT RD Location ORONO 2617 CASCO POINT RD Certification !horobvcl!tllfy\httthissur;ev,planarropot1wu p,epou,d Ir/ mo or undc, my d!<OCI ~uporv1,Ion and1ha1Iamadufyucen,~U\N05URV~,oR und...-thola..,.olO,oSl8teo(Mlf>ho\Dla L-~ Marcusf.Hampton 110,:1mat1onNo.41481 Dato.10/13/2014 :.:~b!,•'°""""''"'•-<"l"'d"""o/1""W<7.oN Summary De~igned: Dr.iwn: m Approved:Mfll 8ook/Page:7l'J/70 Phase: lnltlallssue: Revision History No.Date Sy Submittal/ Revision ,_illll'./10 DL "<l<lp«>1>•""dde<• Sheet Title BOUNDARY& TOPOGRAPHIC SURVEY Sheet No. Revision 1/1 A Project No. MAR20042 PC Exhibit CI <( "" 5 ti z z ~ uJ ~ ..J EXISllNG BOATHOUSE \ \ I Ir------- =V\C\Nl1'1 M/1.P==;:,, , ='-~~ = ----f' .2i01 \ \ \ \ \ \ \ EXISTING BUILDING \ \ EXISTfNc BUtLDtNc ~ t>})tt,v J; l ,~""~~x' I 1 i "--. \ / / '\ _.,.----~ r-_,,-,BRICK W~LL r ~ -----$/ 0-------.._____] .. _ "--- ' \"~W ~ MARKEOLS474B1 _,,,, ___ 0' Gl ELECTRIC Mfl"ER -tf-UG\\T f)~B\ @ AIR co!'lDIT \\lER --------· B\ r-GU~ Al'lCH ~ B\ >" GATE \JALV C\ 'Q TELEP\\Ol'lE P V- D_ UT11.\~ POLE '&I GAS METER _o_.. C\ ( I \ I h\ I I g I /-.. \ I 8 Y I I 8 V) I () ),' / ,' JD «w l ~"' w"' "'_, , "' ! ~[ I \ \ I I \ \ \ :; I I I I I I ctr t N I I I I I I I I I I I I I I I I I I r-4 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I !Ii ii t11 i!il :f1" i~,a rhi _n.1 7 ! i 1,,,,.,/,,/ !',,'- / I i i //1 : ,,f I ; , 1----L ------- : -7 w-- I I I I I I I I I ~ j_ j ~ ll ::,: ~b LL~ 8~ a: ::c- -i dllll 181 ~ NOllVOllddV 30NVWA PC Exhibit □ r-~------------------------~ I ' k I ' I I ' 111 R£MO\£WAU.F!IAMINC : ',, ~ ~!~~ORAAr ---------------------------------, I ', REMOVE EXISTING ROOF : j =r!o~OCI' ______________ --------------7 : : ", CUT 1RUSSES LEAVING I I I I 1 ', BOTTOM CHORD AND 1 1 11-----r-i----f( H====il /i : : ',, CEILING BELOW IN TACT 11 'r===bd==~ /// 1 1 I ' .,, I I : ',, \"" ~====:'i:=;;;;;==::==J REMOVE EXISTING ROOF .,,/ : : ! ', , ..... ____ /itMOVE DOORS _,,-!"! CUT TRUSSES LEAVING / : : / /----------------/.,... ~o:o!AU. '1lR 11 BOTTOM CHORD ANO / I I I .,,.,, i...-71=========;i-----l --------.,..,_ CEILING BELOW !N T~ : : J------------,{ ,/ ',, ,/ : : .,,,/ .,,.,,.,, : .,,.,,✓ ',, /// II / / / I / , / J I .,,.,,.,, .,,,,.,, : r---l,,=;=;'41---1 .,,/ '< : I / / I li~"DIOVEWINOOWS / ',,, I ! ,,/ / I bY l=======::::J,/ ', I l / ,/ : ~ ',, : : f..,,.,, REMOVE EXJS'17Nc ROOF l ~--~ 111 1 ',, : : 1 ',, AND SCl!j80R TRUSSES )-------1 ~-----..fl:=::::IE=e3E=e!Eee3=:::::-'====="==::=':::'::::::::=::::::'.J 1 ,, 1 1 1 ', OVER _?ORCH ,, ------~~ , 1 I : ............... .,, .,,.,,.,, ~--~ : l ',, : l I .-.-¥, .,, I I , I I I ,,,,..,,,..,,. / \ / I I ', I I 1.,..,_....-I \ // ! I , I I , I \ / l I '-l I ',,',,i~---~~v/ l-~--==----=----==================:_J 0 EXISTING/DEMO UPPER LEVEL FLOOR PLAN 1/4~--- LA WNOINAAD11TECTSllC !~40 (A5T Rl\'!Jt T[RRACE Mllmu.POUS,WN554U PllH12616-1C15 !_,_, ... .,....,__,,..,... -....-............................ ~ ........ 1 ... ,,u,,_-.,_ ... _,.,,.,.,..~w'"'- Rld,fiCLu-!( ..... ~ - - ~ct MARQUARDT RESIDENCE ai11c,.s:;oPOOrOO,,.O CR:Hl,f..t-155]}1 ~=iz .. =:~:, """""""""'_,,... •<riy. ~i:=;l~ U..1~or,1>wt,. :=:!=-~In -M-rlnlol-- -!1..ialalo<ll,yl-°"""'""'1> =:=:,,':':'a,1,dp·,,no drawing EXISTING/DEMO 15 I PLANS ~ i [""""" w r=7;.:::_ I~ > ~ii ",:, c:::( ~12;! !;it.5;;; ___.,m I I I I I I I I I Hl {11 1fu fi,: f1:il ,1.1 _111 t---- 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! 1j I j, j !, ti i! ; ,L __ T,:=JE=31:::::':=f:::=:::;;:==::;;:::===;,===;=;c=3 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I r I I I I I I I I I I I I :.i I ~I I □ : --+------ ' I I I I I I I I I I I I I I I I I I : I I I I I I I I I I I I I I I I I I D ~ I ____ l _______ _ : I i 1-----i------I ---------------- / / i ,l__ i b ~ ; --11/ : !-\1f I I 11 l l"'I I I I I I I I : / ! ~:: I 11 I 11f ; 11 ~-------____ J_ ij~ j)f:~ 'lll[ "' dllll ~ ,"t 'i H z th :5 ~m 1nllt a. ::::,w :ij~q "' a] ao p mm z I~ UiUi ~~ l. ~~ rn ~ HHh ' NOllV:JllddV 3:JNVIWA □ " ~ii ~~~~ <(ij~~;\ zB,. _Jm: If• iii H11 "' ftii fll! _(lj I I I I I I I I I I I t-~~·~--r / Jr-,9 I I I I I I I I I I I I I I I I I I I I I 11! I l j !, ti i! i ' I I I I I I I I I I I I I I I I I i 19 t;:::==:1::±========;=;c=1 I I I I I I I I I I I I I I I I I f I I I I I I I I I I --+------ ' I I I I I I I I I I I I I I I I I I I I l ffl ; ------------ ;-----;----------! ------------- ' . I • I I .l'-----------.1'1 .!8-.6 -----'Ii; 11 ' _fL-,6 I I pf iHJt 1J 1111 i~ ~ a' ~ Ii ii~~;-hil1 1 ::, w LI] ig p •it••1 IHHI (f) l. ~ ~1 liil l .~ ;H,h ! a. ~ ; .H NOllV:Jlldd\l 3:JNVIHVA □ r•=mMJ J ~ UPPER LEVEL PLAN A102 J/4".,J'-Q" E9 ,~ -&--_ _j J ~ LA WNtllNAAOlll(CTSlLC 1940(ASfRIVf.RltRRAC[ IIIIN~(APOI.JS.MN~14 PH 612 616-701~ ,.__,,. ... .,....,. __ ,,_ __ ..,..,.w.,......,_,..,_...., ..., ... , .... "" ... --.-... i.,,,.,.,,,,_,,_ ·-... ~ - - MARQUARDT RESIDENCE all7CA5COPONTRO,,!D m:N:l,t.t-i55]}1 :,::--~-::B~,,.:10~:, kuu.u'lol-lorlh••.......,,crly. ~":'!t!:' u.o~ .... !'"=::.:===-,nl ~-A<,y•n,hl~~ ko<!l1h.Ilmca11xtbft>,,,,d<xlm•n• =:='<N..:l;,>,r!o drnW1ng FLOOR PLAN/ z I REFLECTED § CEILING PLAN I I""'""" w ~,-:;;::_ ~ A102 ~ ,-- •I' " 11/ i;~J U11 <:(t!;t ,., iH.., ·~ i I Ji/ -Jfd; / / / / f·" _J?j / / / □ □ 0 ' 1,1 l / ii f-- i~ ~ f~ ~m ' I u ~ ! / --- ( ------------------- w II• •II ,1 I J, I :a 11! :c 1lH >< w <( PP u 1!,l a. _J 1''' ! _ iU ~ Ii "' <.> f?Jl' iJ II t'iw ~ _!a i2:::I •·lil §~ ~ Ii ih1h Jl,il 1 !F!, ·LI] 00 p Hhii iifHI I. 1~ ~g f ! ! ~ 2l!,li H.H ,;: ~ I I NOllVOllddV30N1/1WA 'I ,, ~1 ,, " ,, !I Ii jl " "-1 I I I ll• Jlf !~l dlli d lt • II I j, I b ~ l11 ·I ~~ •·tll till !' ~ ffi lhH~ p.il, ~ 1 !• 1··1 l•f!. <( flf" 00 p Wiil i[fil tiH H l I~ ij ~ p·ll lj i" I __J HU ; ~llHi !, H i• NOl1V81ldd\/ 3~NVl~VA ---_J t 7~g:[;;f!W,'•,..~~ ____ _,.-,,-.,r~::.::_-_...._ ',,, _ l)-o:__ rn1.,,,,oc1u•ro R:io' m.r.c:,;:; •r'I' rn:nt:Y -. ,, , ;~ ,.....:, !APC> mo :i•<.m "", rC>(JtJ'l"'\'"'scrn .. ~,®n:1 ,, , --" r 7• i /:7f~:::~'"''""' -------------------~-------7 ... ~, ......... ,,~ 1 • j,:..,,:,.ri,.,.c-cr,.,,,,.,,nrr:; I I -------1-----,L-- !C{»:;10,(;fV): -------- =1 ::i:r~~..,,,-;c~•"" \ --~-:.c'-£•~ ----- '---t.-'~--~~~-~-~~----------------,i--------------'-----,, ----- '""' ... ""'"'" ,,.·,c,-oc;::,O["lli , .. 11.0,0,.,:,u•,:,, ""l••MUUU-1.ll Z " 11J-O"a-(,1..,::,4'(1:.l•lU, fCtllll>l(;\U: 'LC ro,~,...,,u ~·~~-I BUILDING SECTION THROUGH NEW MASTER SUITE ADDITION 1/4" .. 1·-o· · --··-·-- 1 ·::,, I BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION J I I IIJI I I I I z 0 LA ,_ .. ...,_.,.,...__ ... _, .,....,....., .. s.-.-,--_,, ...... , ....... .,.......,_ ......... ~ """""'"---- MARQUARDT RESIDENCE ai17CASCOPCfflRO'D CR'.Nl.MN5s:lll r::=.·:: .. == ::.::!,.,"";.""..!:=:r· __ <1,...ao-.CU.U.C-u.o....._.. •• ""_,,o,1. !::=;:=-.,,.:.ou °""""""'-/ol!raridd~ =:::..~= I I~·:;:"" ___ , w ~---1 A201 = ~ 1/4" = 1-U TYPICAL NEW ROOF CONSTRUCTION u.no. ASPHALT SHINGLES. 5/8" PLYWOOD OR OSB R44 BLOWN INSULATION. PREMANUFACTURED ROOF TRUSSES W/12" ENERGY HEAL VAPOR BARRIER TAPED AND SEALED V l" GWB ON CEILING. SEE FINISH NOTES. 1 .,/ ,7 ~ NEW STORAGE ROOM ADDITION EXISTING GARAGE -------------------------------~ I I I - •~I TO PLATE i l~f--f --- TO SUBFLDOR TO PLATE MAIN LEVEL (2'\ BUILDING SECTION THROUGH GARAGE AND STORAGE ADDITION City of Orono Hardcover Calculation Worksheet Property Address: z fa\ 7 C lJ.2) C..D Yo \ "'t . y_J Prepared by: ~ Q-.-w\\o 0.. ,\-eJt Date: \o I 3 /2 0 1 ~ Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EX ISTING HARDCOVER PC Exhibit F In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, Identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Keyto Hardcover Item (De scribe) Length x Width Total S urvev (Square Feet) CExamole) Garaae) (24' X 30') 1720 S.F.) A '~ii2-,,r-,,---' -\-\.--r-.., l "-D 402-.c.o \ S.F. 8 IV N-j-,,, r-7 5 . zq S.F. C 1'(7 " \-c,, t..,.,. ~ .,i\,<..< ¼.J Cl A\ "" ·,1 . 7 I S.F. D U.....,4..c, u -7 C::, I y . \\ S.F. E . ...., \--rx-, L'.I ~f a . An S.F. F :"--.U ,f)~' ~ \ t"A _.nA ,' v\ Cl l.o ('l . Z 7 S.F. G r~\Ji? \1\(\l l 0 \l..\? 0(. l l'.I S.F. H °V o -+-c,.. I ,I'\ ·1 ;;-c..O A) ciJ_, \ <.. <. 3 (,... S.F. I f l -S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total Existina Hardcover y(,,.,\S -79. S.F. Exc ludabl e Hardcover (See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Exc ludable Hardcover S.F. (3) Net Existina Hardcover fSubtract line (2) from line (1 )1 4-L \~ _,q S.F. ( 4) Total Lot Area l\o'1~ ...,-, 'l J , -S.F. A n ' \.."\ A Existing Hardcover Percentage ~+(4>(M ·i. 1. l (t;o/t) .-, -, ,-,•, % l--I . r I '--' (Proposed Hardcover next page) Packet Last Updated: January 2014. This Is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the Information contained herein; however, If any Information Is not cxmsistent with provisions of the City Coda, the Code provisions w/11 prevail. Page25of27 RECEIVED OCT 162014 # 3 6 97 City of Orono Hardcover Calculation Worksheet Property Address: 2l,o \. 7 C..o<:,c..c f +-~ Prepared by: Sc->-.>v1o \oc,d-c...1._, Dae: \ \ / I 3 / 1 j Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For T ier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage t I f h rt· separa e ' or eac po 10n. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garaoe) (24' x30'l (720 S .F.) A '2,,-,,..,_+ ~t, C-D 4{")7 . (_, S.F . B :Pr.. L " D IS . 2C\' S.F. C 'D " .\-1u,-t l \ ·1 •J • z.. \ S .F. D ~1,c...o 7 C:::.. \'-1 . l \ S .F. E .c..,.~L) S(,.,. R S .F. F '-.J D .r,,L., .L \ .-~ Y'\ ,.l . "" .~ (,-,('i ' l.-, S .F . G . D ~ -~ • ' "' , _. {J \l.,\7_q 14 S .F. H ('J •. \-. I \ ,.,__'(\ ~. ?:::,L S.F . I '"' D-f h ... ') ~~ S .F. J -S .F. K S .F. L S .F. M S .F. N S .F. 0 S .F. p S .F. Q S .F . R S .F. s S .F. T S .F. u S.F. V S.F. w S .F. X S .F. y S .F. z S .F. (1 l Total Proposed Hardcover 1.-\ L\ n "'I . 7 (-\ S .F. Excludable Hardcover (See City Code Sec 78-1684): ~k--11 '\c, l\ ~ '?.,(_ S .F. S.F . S.F . S.F . S .F. (2) Total Excludable Hardcover ) (,,, s ...... S .F. (3) Net Prooosed Hardcover [Subtract line (2) from line (1 )] t,t r; q ~. l-1 ""> S .F. (4) Total Lot Area \{,, q~1.. I . .Z.. \ S .F. Proposed Hardcover Percentage I (3) + (4) J 2..8 , 6 % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any informa tion is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9of 9 Melanie Curtis From: Sent: To: Cc: Subject: Melanie, Robert Bean [bobbe@bolton-menk.com] Tuesday, November 11 , 2014 10:36 AM Melanie Curtis Andrew Mack; David P. Martini; Brian Simmons 14-3697 -2617 Casco Point Road PC Exhibit G I have completed review of the Building Permit application package for 2617 Casco Point Road. Following are my comments for City consideration: 1. Silt fence should be indicated on the plan down gradient from all proposed work to prevent sediment migrating off-site. The silt fence should be installed and inspected by the City prior to any land disturbing activities. The Contractor must provide a minimum 24 hour notice prior to inspection. 2. A financial security of $2,500 from the Applicant is recommended for erosion control and engineering oversight. The financial security is intended to provide protection in the event that it becomes necessary for the City to install or maintain erosion and sediment control within the project area and covers the cost of vegetation re­ establishment if the applicant is unable to follow through with the conditions of approval. 3. The applicant may be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting for their Erosion Control rule. A copy of any approved permit or confirmation that no permit is required should be submitted prior to any land altering activities. If you have any questions or comments, please contact me to discuss. Thanks, Robert E. Bean, Jr, P.E. LEED Green Assoc. Water Resources Engineer Bolton & Menk, Inc. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318 P:(952) 448-8838, ext 2892 F:(952) 448-8805 email: bobbe@bolton-menk .com www.bolton-menk.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud .com 1 3·13'1874 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING __ Y.A.RIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 14 (C); SECTION 10:22, SUBDIVISION 2, SECTION 10.56, SUBDIVISION 16 (L) (2); AND SECTION 10.25, SUBDIVISION 6 (B) FILE NO. #2644 PC Exhibit J WHEREAS, Gary Marquardt and Jom,. Marquardt (hereinafter "the applicants") are owners (hereinafter "the owners") of the property located at 2617 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached Exhibit A (hereinafter "the property"); and vVHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 15, 2001 and continued the hearing to March 19, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied for a variance application to the City for variances to: 1. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): To permit an alteration to existing hardcover over the allowed 25%. Lot Area 75-250' Allowed Hardcover Existing Hardcover Proposed Hardcover 12,727 s.f. 3,181 s.f. (25%) 3,710 s.f. (27.3%) Metro Legal Services lnc. Box 491 3,980 s.f. (31 %) (rock/plastic removed) 2. Section 10.03, Subdivision 14 (C): To permit greater than 15% lot coverage by structures. Lot Area Allowed Coverage Existing Coverage 17,467 s.f. 2,620 s.f. (15%) 2,970 s.f. (17%) Page 1 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 0 Proposed Coverage 2,961 s.f. (16.9%) 3. Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 5' from the side property line for construction of a 24' X 26' attached garage, where a 1 0' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required. 4. Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 2.64' from the side property line to permit the addition of a second story above the existing residence within the required 1 O' side setback. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2644. 2. The property is located in the LR-lC (1/2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 15, 2001 and March 19, 2001 and recommended approval on a vote of 5 to O for variances based upon the following findings and hardships: A. The total hardcover on the property would be increased primarily due to the longer driveway required to safely access the house. Several obstacles including a neighboring fence, tree and .teleph,one pole block much of the view to the street to the existing garage entrance. The attached garage allows the vehicles to back out into the yard (but a paved backup apron would make more sense) and approach the street at an angle improving views to the street as well as allowing vehicles and pedestrians traveling on Casco Point Road to more easily view entering vehicles from the applicant's property. B. The property as developed exceeds the allowed hardcover. A large 750 s.f. lakeside deck along the lakeside of the house would being removed Page 2 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL AL 1f~ .-:r ,t' NO. ""V ·;?:; . .J to reduce some hardcover closest to the lake. A 14' X 14' four season porch would be constructed in its place. The four season porch would be located 105' from the OHWL of Lake Minnetonka. C. The property was developed prior to the adoption of the zoning ordinance. The house is approximately 1 O' from the side lot line at the lakeside and is angled to a point where the house is only 2.85' from the property line. A second story addition has been designed to leave the front ½ (lakeside) of the existing house to one story. Only the back ½ (street side) would have a second story. This concentrates the massing of the structure further from the lakeshore, and eases the burden of the views from adjacent residences towards the lakeshore. D. The overall lot coverage by structures decreases by 9 s.f. Most of the massing has been relocated from the lakeside of the residence to the street side to allow for the larger garage. For a lot coverage variance to be approved an actual hardship must be demonstrated to allow the increase in structure. The Council has in many situations allowed a property to replace the total existing structure when remodeling_ but it is uncommon to allow a net increase when already exceeding 15%. 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 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Page 3 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 .1. 0 Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 3,710 s.f. (27.3%) hardcover in the 75-250' lakeshore setback; Municipal Code Section 10.03, Subdivision 14 (C) to permit 2,961 s.f. (16.9%) lot coverage by structure; Municipal Code Section 10.25, Subdivision 6 (B) to permit an encroachment into the side setback 5' from the side property line for construction of a 24' X 26' attached garage, where a 1 O' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required; and Section 10.25, Subdivision 6 (B): To permit an encroachment into the side setback 2.64' from the side property line to permit the addition of a second story above the existing residence within the required 1 O' side setback based on the approved site plan is attached hereto as Exhibit B, subject to the following conditions: 1. Authorities granted by this variance run with the property not with the applicants, 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 (April 9, 2002). 2. 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. 3. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. --4-6-. ....-4. ,lj..j/,.0- Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 9th day of April, 2001. ~~~ Barbara A. Peterso~, Mayor ,_#plicant J STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. MARY ANN JOHNSON NOTARY PUBLIC· MINNESOTA My Commisslon Expires Jan. 31, 2005 Page 5 of 8 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 6 4 (} STATE OF MINNESOTA ) ) ss .. COUNTY OF HENNEPIN ) O~ this hb_ day of k-u3 us -( ' 20 0 ~ befo~_e me a Notary Publicv-r;1~thi2i ~~d for said county, personally appeared h-c 12. _ 11 0 o e ,1/f ", ,J· .J O<l' n J?; "-f' u c ;i_ Known to me to be the person(s) described in and who executed the foregoing instru that he(they) executed the same as his (their) free act and deed. MARY ANN JOHNSON NOTARY PUBLIC • MINNESOTA My Commlsslon Expires Jan. 31, 2005 ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ________ , 20_ 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 6 of 8 Exhibit A LEG/\L UESCRIP.J ION @ Part of ~l?~k I and of Lot 16. Block 2, Winship 's Subdi~ision of Lot l, Spring Park ' Second D1V1s1on, and of Orono /\venue· vacated by abandonment as follows: -Commencing at the Northeast corner of Lot 141 Spring Park; thence West along the ) North tine of said Lot 141 to the Northwest corner thereof; thence North along the shore of Lake Minnetonka 52 feet; thence Easterly to a point in a line which is the extension Northerly of the East line of Lot 141, Spring Park, at a point 94.5 feet measured along ? said line from the point of beginning; thence continuing Easterly on the extension of said ·' line 12.8 feet, more or less, to the point of intersection of said line with the Westerly line of Orono Avenue, as now paved and traveled being a right of way 60 feet ,vide; thence in ! a Southwesterly direction along said line to the point of beginning. according to the plat ~ thereof on file or of record in the omce of the Register of Deeds in and for I lennepin County. Page 7 of 8 J:Q .µ. ·r-! ,..o. ·r-! ,.c:: >G µ:J cl i 0 .p C)J C C 'i:. C)J ~ ...I 217.43' --34, cu ~ -~ - DriVf?'fVC(Y Plun S c o. l e 1 11 = 2 0 1 948.9 <> -···,~ 0 Art:o 0 Approx. ~ 126B Sq. Ft. +> 67' s 0 Q 0 u tr) 0 u 00 '-H 0 00 949.9 <l) bIJ Cll As Gury Murquurclt 2617 Cusco Pt Rel wuyzu tu MN 55441 --~ :!! r-,..,. ,:. >< Cr, w u 0. '° N"\ ::f:f;: 0 z ·tj-0 = r.:: ~ 0 (D I.!.. t3 0 C) E: (..) ,.,,,,,,--',f\":I L,J ,_),Hrn,':", c,,t.;.r, 1 .. 11, Marquardt Residence OS/30/14 Ri2CE1VED .ri_ OCT 16 2014 CllY OF ORONO r-... Ci' ..,.0 t<\ ~ 0 ;! z 0 = ~ cc (D 0 LL t, 0 0 ~ 0 ,, -..... w ~ ' - I , 71 I .. ~T ~ ~ ~ "77."r£'~v-_:,~~o~r--~, ~ ~rt. I\} ~ ~ ..... --, -, -~; -'IL__, , I ;~ 1~ I..., I I i ,: tj r'"-1 ......,, J ! ·.,.._ r / :z: C :::; - - 1 \ J -'\ I I RUN DATE: 10/09/2014 HEN i--<' N COUNTY PROPERTY INFORMATION SYSTEM (PRO, ~_,TY OWNERS LIST) PC Exhibit L 38 20-117-23 2 1 0031 ELLEN M WELLS 2565 DUNWOODY A VE ELLEN M WELLS PO BOX 351 WAYZATA MN 5539 1 38 20-117-23 21 0032 WENDY W DANKEY TRUSTEE 2599 CASCO POINT RD WENDY W DANKEY 2599 CASCO POfNT RD WAYZATA MN 5539 1 38 20-117-23 21 0035 P D & P Z FITZGERALD 2598 CASCO POfNT RD PA TRICK FITZGERALD 9509 PHEASANT CROSSING ST BONIFACIUS MN 55375 38 20-1 17-23 24 0030 NJ GREENE & AK GREENE 2645 CASCO POfNT RD NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATA MN 55391 38 20-11 7-23 24 0031 MARILYN B THORNE 2635 CASCO POINT RD MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 T P KUBALAK & PM KU BALAK 2623 CASCO POINT RD THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-11 7-23 24 0035 G L MARQUARDT/J M MARQUARDT 2617 CASCO POINT RD GARY L & JOAN M MARQUARDT 26 17 CASCO POINT RD WAY ZATA MN 5539 1 38 20-11 7-23 24 0036 BRUCE J HEDBLOM ET AL 260 I CASCO POINT RD BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 260 1 CASCO POINT RD WAYZATA MN 5539 1 38 20-117-23 24 0038 E J VOGSTROM & E A VOGSTROM 2618 CASCO POINT RD ER IC J VOGSTROM ELIZABETH A VOGSTROM 26 I 8 CASCO POINT RD WAYZATA MN 5539 1 38 20-1 17-23 24 0039 J W & BJ ESSEN 2648 CASCO POfNT RD JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 38 20-11 7-23 24 0042 PAULJ & MARYE KASTER 38 ADDRESS UNASSIGNED PAUL J KASTER 2600 CASCO POfNT RD WAYZATAMN 5539 1 RECEIVED OCT 16 2014 CITY OF ORONO # 3697 CITY OF ORONO 2750 Kelley Parkway PO Box 66 NOTICE OF PLANNING COMMISSION ACTION ZONING FILE: #14-3697 Council Exhibit F Crystal Bay, MN 55323 952.249.4620 DATE OF NOTICE: 18 November 2014 TO: Gary & Joan Marquardt 2617 Casco Point Rd Wayzata, MN 55398 TYPE OF REQUEST: Variances DATE OF MEETING: 17 November 2014 COPIES Gary & Joan Marquardt Via Email: The Orono Planning Commission voted on separate motions. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as requested was voted on as follows : 5 FOR/ 0 AGAINST A second motion regarding approval of hardcover and structural coverage variances to permit construction of a lakeside deck as requested conditioned upon the following: 1. Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window. 2. The deck must be constructed as "pervious" and the patio below removed. 3. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. This motion was voted on as follows: 4 FOR / 1 AGAINST Applicant 's next meeting is tentatively scheduled as: Monday, November 24, 2014 at 7 PM City Council If you desire certified copies of the official Planning Commission minutes , they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mn .us or 952 .249.4627 . MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Council Exhibit G 3. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD, VARIANCES, 7:18 P.M. -8:07 P.M. Gaty and Joan Marquardt, Applicants, were present. Curtis stated in 2001, variances were granted to allow additions to the home on this propetiy which allowed for the construction of the attached garage and the second story resulting in the existing setbacks on the propetiy. The current setbacks are 29.9 feet from the rear, six feet from the side for the garage addition, and the 2.7 foot setback for the house was previously existing. The property is located in the LR-IC, which requires 10-foot side and 30-foot rear setbacks. The applicants are requesting side and rear setback variances in order to allow a second st01y addition over a potiion of the garage and an addition on the lake side of the home for a master suite on the second floor. The request also includes structural and hardcover variances to allow 19 .5 percent structural coverage and 28.8 percent hardcover to accommodate a new lakeside deck over a patio that is existing under a p01tion of the proposed deck. As a result of the 2001 variances, the additions were constructed. According to the survey, the garage was constructed 29.9 feet from the rear. The applicants are proposing to construct additions for the new second story master suite on the lake side and a second st01y addition over the attached garage for storage. The proposal requires approval of a portion of the new second story to encroach into the 10-foot side yard setback for approximately 10 feet of length for the master bedroom, which narrows as it gets toward the lake. The encroachments are depicted in yellow on the overhead. With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a Tier 1 propetiy. The current hardcover level is 494 square feet over the 2001 variance approved level. The applicants are requesting 374 additional square feet of hardcover for the deck and stair for a total of 700 feet over the 2001 approval. Additionally, in 2001 a structural coverage variance was granted allowing 2,961 square feet of structural coverage or 16.9 percent at that time. The lot area was calculated in 2001 as 17,467 square feet. Today's survey shows the lot area is 16,994 square feet, putting the 2001 approved structural coverage percent at 17.4 based on the current survey. The propetiy exceeds the 2001 approved level by 72 square feet currently. The applicants are asking for an additional 288 square feet above that level. Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing home and the lot line. However, Staff finds the applicants' request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for a deck increases the existing nonconforming structure and hardcover levels on the property and is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. Planning Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home conditioned upon screening from neighboring propetiies as the Planning Commission deems appropriate and feasible. The additions must conform to the standard height Page 1 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. and massing requirements of the zoning code. Staff finds no practical difficulties exist which support the hardcover or structural coverage variances. As a result, those requested variances should be denied. Leskinen asked how the Planning Commission can account for the difference in the calculation between the 2001 approval and the current survey. Curtis stated the Planning Commission should focus on the square footages and that it is not uncommon for surveys done years apai1 to have discrepancies in square footage based on where the lake was measured. Cmtis stated the square footages are matched up easily enough but exceed the approved level. Leskinen asked approximately where the deck would be located. Curtis stated the dotted line shows the location of the deck and that there is a portion of the patio that currently sticks out. Cmtis indicated the deck is angled somewhat. Leskinen asked whether the deck would go completely over the existing stone patio. Curtis indicated the deck would be larger than the existing stone patio. Leskinen asked if the stone patio will remain. Curtis stated the stone patio can remain but that the applicants can clarify whether it will be removed. Gary Marquardt, Applicant, stated they have resided in the house for 29 years, and when they remodeled in 2001, they had two kids in college, and that they now have eight grandchildren, with six of them being under the age often. Marquardt stated the functionality of the house has changed, and that when they visit, which is frequently, they would like all of the kids and parents to be on the same floor when sleeping, which is the reason for moving the bedroom. Marquardt stated it is important to note that the structural changes, not including the deck, do not change the external footprint of the house. There also is a need for additional storage in the house. Marquardt indicated the house was constructed long ago and is located in the apex of Spring Cove. Marquardt stated when he and the neighbor put their docks in, they have to be careful because they can touch at the end. Marquardt stated as it relates to the deck, the essential character of this neighborhood is that every house except this one has a deck. Marquardt stated in his view the deck will make the house more functional during their retirement years. The setback for the corner of the house is 2.7 feet from the lot line. Marquardt indicated when they constructed the garage, there was double sheet rock placed on the walls for fire protection. Marquardt stated as it relates to the deck, they have a grandchild who has some physical ailments, and that when he heads for the lake, without a deck, they can only see him for a sh011 distance but then have to go out the house to continue to follow him. Marquardt stated that is the primaiy hardship for them but that is not inherent to the land. Marquardt stated it is a safety issue and that the deck will also give them the opportunity to more enjoy the propet1y. Marquardt stated when you look at the surveys, they show that the lot has somehow shrunk. Marquardt stated the garage was 30 feet from the road when it was constructed but it is now 29.9 feet from the road. Page 2 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Marquardt stated the garage did not move, but somehow these differences happen, and that they are talking about a relatively small number of additional square feet. Marquardt stated Melanie Curtis has been extremely helpful with their application. Marquardt indicated they have a door that exits in this location and then a porch that has railings that are above the structural level. Marquardt indicated they could remove that if absolutely necessary as well as the stone patio. Marquardt stated they would also be willing to remove other hardcover if necessary. Marquardt stated the proposed deck is not huge and that they would like to have a table and chairs out there to make it functional. Marquardt stated in attendance tonight are Rick Lundeen, their architect, and the two adjacent neighbors. Also in attendance are the Greenes, who are three houses over. Marquardt stated they have not received any objections from any of the neighbors. Chair Leskinen opened the public hearing at 7:33 p.m. Tom Kubalak, 2623 Casco Point Road, stated he and his wife fully and wholeheartedly support the addition to the house. Chair Leskinen closed the public hearing at 7:34 p.m. Schoenzeit asked if the house as built is larger than what was approved in 2001. Curtis stated to her understanding it is not but that she is not sure if the side entry deck was included in the 2001 approval. The deck is 60 square feet and the overage is approximately 70 square feet. Curtis stated the survey is pretty accurate in displaying what is on the property. Schoenzeit asked if it is over with the most favorable set of numbers. Curtis stated she is basing it on square footages and not percentages since that would be the most equitable way to compare it. Landgraver stated he had a similar thought and that he noticed there is a walkway from the driveway to the front door and that there is now more paving being shown, which may be a reason for the hardcover increase. Marquardt indicated that was there in 2001. Curtis stated she is not sure how the previous survey accounted for the cantilever on the north side of the house. Leskinen stated she is comfo1table with the upper addition since it should not have any additional impact because it is over the existing footprint. Leskinen stated she is struggling with the deck given the increase in structural and hardcover coverage and that there is not a practical difficulty with the house itself. Thiesse stated the intent of the code is to prevent someone from building something way out of line that does not fit the character of the neighborhood. Thiesse stated the house, even with a deck, fits in there and needs to be there, and that he agrees the essential character of a lakeshore house would have a deck. Page 3 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Schoenzeit asked how the Planning Commission can justify an increase in structural coverage for this property and not on other prope1ties. Thiesse stated there is room for the deck, and if it looks like it fits in the neighborhood, why is 15 percent a solid number. Thiesse questioned why 75 feet is a solid number and structural coverage is a hard number but hardcover is not. In this case the neighbors are not opposed to it, which makes a difference, and that the essential character of this neighborhood is a deck on the back of the house given the fact that they are located on the lake. Schoenzeit noted they are proposing 3,300 square feet and 2,500 square feet is allowed. Schoenzeit stated everybody could have that much if they have the room. Thiesse stated he is not a proponent of using the neighbor's property to someone's benefit. Schoenzeit stated the deck is likely not on there because they did not meet the limit the first time around but that they are now asking for it ten years later. Thiesse stated that is a very fair question but that the reason for the deck is access and visual. Thiesse stated they could reduce the size of the deck and eliminate the stone patio. Thiesse noted the brick patio down by the lake is not structural hardcover, and that if they are allowed anything for a deck, they would be in violation. Schoenzeit noted the house is already over on structural coverage. Leskinen stated the applicants' practical difficulty in this case is being able to access the rear yard. Cmtis stated the structural coverage currently is 15 .42 percent. Leskinen stated if the deck is simply for access, conceivably it could be reduced. Schoenzeit stated they could also construct a 4 x 4 landing with a staircase, which would allow access to the rear yard. Schoenzeit stated other people will want the same thing if the Planning Commission approves this request. Landgraver stated the upper addition is fine and that the Planning Commission could be opening up the door by making an exception in this case. Landgraver asked which patio consists of the 75 square feet. Curtis indicated she is not sure which patio that is. Landgraver asked if the stone patio adjacent to the house is incorporated into the hardcover calculations. Curtis stated it is. Land graver stated he is attempting to see if there are some things that can be done without redesigning everything. Landgraver stated he understands the need to keep a firm number, especially since it is already over, unless there is a compelling reason. Page 4 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Gaffron stated the patio at the lake is approximately 75 square feet and that the stone patio is probably double or triple that. Gaffron stated it appears the stone patio is approximately 15' x 13'. Mack asked if Staff could explain the difference between pervious and impervious and whether there would be some potential credit given for the stone patio. Cmtis stated if the applicants were to remove the stone patio, Staff would allow for a 100 square foot credit. Schoenzeit stated as long as it is under six feet in height. Leskinen stated the Planning Commission is more struggling with the structural coverage than hardcover. Schoenzeit stated he would agree the upper addition is in character and that it would be difficult to construct it less than the wall from a construction technique standpoint. Leskinen stated she does not want to get into redesigning the deck, but that an area of compromise could be reducing the size of the deck. Le skin en stated she is still struggling with the structural coverage. Cmtis noted the applicants have offered to remove the wood landing and stairs on the south side of the house, which is approximately 61 square feet, and that they could also reduce the size of the deck to help reduce the overage. Leskinen indicated she would be open to that. Leskinen stated she understands the applicants' position and that there are some good points for having a deck on the lakeside of the house, but that she does not want to create something that opens the door for increasing structural coverage on other lots. Thiesse stated there is no sense in giving them a deck that is not useable and that the wood stairs and landing is pretty much the only thing that can be removed. Leskinen stated it should be a functioning deck but that the proposed 15' x 16' deck is substantial. Schoenzeit asked if the deck is approved as shown, whether the next property owner would be allowed to put a second story over it. Curtis stated there is no lake setback or average lakeshore setback issue with the deck and that they could ce1tainly screen it in. Cmtis stated the Planning Commission would have the ability to place some limitations on it as well to lessen the impact of the structure. Marquardt pointed out the hex-shaped area is currently a screened-in porch which serves as a sunroom. Marquardt stated it is unlikely any subsequent property owner would screen this deck in since it is adjacent to the sunroom. Marquardt stated the house was there with the existing footprint prior to the ordinances being enacted and that the house has always been over in structural coverage. Leskinen stated the challenge of the Planning Commission is to look into the future and envision what could possibly be done to the prope1ty. Marquardt requested the Planning Commission consider a 12-foot deck. Page 5 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Thiesse stated his concern with that is that it would result in a 9-foot deck with a 3-foot stairway, which is fairly small. Olson asked if the Planning Commission needs to make up 288 square feet or 783 square feet. Olson asked what square footage the Planning Commission is looking at for compliance. Curtis stated any increase in structural coverage would be up to the Planning Commission. Thiesse stated he is somewhat conflicted with structural coverage and pointed out that the applicants would actually be intensifying the structural coverage by putting the upper addition on, which the Planning Commission is fine with. Thiesse stated on the other hand, the Planning Commission is worried about adding a deck. Thiesse stated in his view this is a special case and that the deck fits in that area. Thiesse stated they are not taking a deck and spreading it out over an area but that there is a spot for it. Schoenzeit stated the flip side is the code allows the second story, which would add to the massing on the lot. Thiesse stated the Planning Commission could also deny the portions that do not meet the setback. Thiesse stated the addition will make the house appear substantially larger looking at it from the side and that the deck will hardly be noticeable. Thiesse stated the stairs are three feet wide and would be nestled into the deck. The landing for the deck is also right next to the house. Thiesse stated the stairs will be there even if the deck is pulled in or pushed out. Schoenzeit stated there is some sense to that but that he is not sure the Planning Commission can use that as the rational for not setting a precedent. Leskinen asked what conditions the Planning Commission could recommend for the deck. Cutis stated the Planning Commission could prohibit enclosing the deck or making it a heated living space. Thiesse indicated he would be agreeable to that. Landgraver stated simply because something fits in an area should not be a basis for approving it. Landgraver stated in his view there should be a practical difficulty inherent to the property. Leskinen stated this is a lakeshore lot and that it would be nice to sit outside and view the lake, which tips the balance ever so slightly in her mind. Leskinen stated she would like the prope1ty owners to be able to enjoy their property as they see fit. Schoenzeit noted the City has talked about calculations and allowing a minimum two-car garage for properties that are over on structural or hardcover limits. Schoenzeit asked whether the City has had a similar discussion relating to decks. Curtis stated a 100-foot deck was deemed acceptable in those situations as it relates to hardcover but not structural coverage. Page 6 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Schoenzeit noted the deck would add 288 square feet and that the numbers apparently did not work the first time around, which is why it was not constructed originally. Leskinen asked if the patio is accessible from the lakeside. Marquardt stated it is and that they did not propose a deck in the original 2001 application. Schoenzeit stated if this is approved, the City's structural coverage limit will be loosened, which is the main sticking point on this application. Thiesse stated he will not argue with that, but that if the Planning Commission is going to stick absolutely with the 15 percent structural coverage limit or other limits, there is no need for the Planning Commission. Olson stated he is in agreement that it needs to be decided on a case-by-case basis and that the Planning Commission cannot just worry about what will happen in the future. Olson stated this is a lake lot and that a deck fits the character of the house. Olson stated in his view there needs to be special consideration given to that and that it is not always black and white. Landgraver stated there appears to be unanimous agreement on the second story and that perhaps that portion of the application could be approved. Schoenzeit moved, Landgraver seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to recommend approval of the side setback and rear variances to allow the addition of a second story within the existing house footprint subject to Staff conditions. Landgraver noted Staffs repo1t did mention screening, but that he is not sure how there could be any screening given the small area. Schoenzeit noted it is 2. 7 feet. Schoenzeit moved, Landgraver seconded, Application No. 14-3697, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road to recommend approval of the side setback and rear variances to allow the addition of a second story within the existing house footprint subject to Staff conditions with the exception of screening. VOTE: Ayes 5, Nays 0. Leskinen stated she would be agreeable with the deck on the condition that the wood steps and landing be removed and with the condition that the new portion of the deck cannot be enclosed or made to be a livable structure now or in the future. Thiesse asked whether that would allow them to maintain the deck if it cannot be improved beyond what it is. Gaffron stated one of the things Staff typically does is to say that what is depicted on the plans is approved and anything beyond that needs to be approved. Gaffron stated that would preclude them from putting a story above it, which is where the greatest impact on structural coverage would be. Cmtis asked if that would also preclude them from screening it in. Page 7 of 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Thiesse stated that would be an improvement the deck. Gaffron stated they would not be able to add above it or enclose it. Leskinen stated in her view the stone patio should also not be allowed to remain. Thiesse noted it would be difficult to grow grass in that area or maintain it. Leskinen stated she concurs with that and that it would likely become muddy without the stone patio. Thiesse moved, Schoenzeit seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to recommend approval of the deck as proposed, with no additions or enclosures above or below the deck, subject to removal of the wood steps and landing on the south side of the house. VOTE: Ayes 4, Nays 1, Landgraver opposed. Page 8 of 8 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. Hager stated the testing is not accurate or complete. Council Exhibit G Hiller stated every site was tested and the septic engineer at Bolton & Menk is going through the detailed analysis with Rusty Olson. Hiller stated the findings have been thoroughly reviewed and in Rusty's professional opinion these sites perc and they are perfectly adequate to become septic sites. Hiller indicated they have hired a septic designer who is recognized by the City as an expert and that the City's engineers have looked at them. Hiller indicated he is not a septic expert and that there are a number of regulations they have to comply with. Hiller stated they will be complying with all these regulations and that this lot will not be treated any differently. Hiller stated he is not sure what Ms. Hager is referring to :when she says they do not perc. Hager stated there are several pages in the report that talk about subsurface sewage treatment systems and mound systems. Hager stated the report in pmticular w.ent through and identified things that should be corrected, such as the loading areas which do not seem to correspond to the soil tested or the percolation rates. In almost all cases the percolation rate was at a much higher loading rate.than the soil tested and so on. Hager stated she cannot read the whole thing but that there are pages of it. Hiller stated what she is reading from has been submi.tted to the City Engineer. Hiller indicated there always is back and forth discussions that go on during the process and it is extensive. Hiller stated the rep01t is the preliminary review by the engineer and Rusty Olson is going through that rep01t. Hiller stated before they receive final plat approval, the City Engineer will ensure that it complies with the City's standards. Hager asked if they will be approving it tonight. McMillan. stated they will not be approving the final septic sites tonight. Hager noted Rusty Olson did not realize the fill brought in was not original soil, which was a big item. Mayor McMillan closed the public he.iring at 8:02 p.m. Bremer moved, Levang seconded, to table Application No. 14-3691, Source Land Capital, Lakeview Property, 405 North Arm Drive, to the December 8, 2014, City Council meeting. VOTE: Ayes 4, Nays 0. 8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD - VARIANCES Gary Marquardt, Applicant, was present. Community Development Director Mack stated before the City Council tonight is for Gary and Joan Marquardt at 2617 Casco Point Road. The applicants are requesting side and rear setback variances in order to allow a second story addition over a po1tion of the garage and an addition on the lake side of the home for a master suite on the second floor. The request also includes structural and hardcover variances to allow 19.5 percent structural coverage and 28.8 percent hardcover to accommodate a new lakeside deck over a patio that is existing under a portion of the proposed deck. Page 10 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing home and the lot line. With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a Tier 1 property. The current hardcover level is 494 square feet over the 2001 variance approved level. The applicants are requesting 374 additional square feet ofhardcoyer for the deck and stair for a total of 700 feet over the 2001 approval. Staff finds the applicants' request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for a deck increases the existing nonconforming structure and hardcover levels on the property and is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. The Planning Commission unanimously approved the setback variance and voted 4-1 to approve the requested hardcover and structural coverage variances to permit construction of a lakeside deck subject to the removal of the deck/landing and stair on the south side of the home and removal of the patio below the deck. Mack stated there is a resolution before the City Council. Staff is recommending that the Council discuss the differences about the structural coverage versus the hardcover. The Planning Commission recommends approval of a side setback variance allowing for the construction of the second story improvements to the home conditioned upon screening from neighboring prope11ies which the Planning Commission deems appropriate and feasible. The additions must conform to the standard height and massing requirements of the zoning code. Staff finds no practical difficulties exist which suppo11 the hardcover or structural coverage variances. As a result, those requested variances should be denied. Leyang asked if the little gazebo or structure in the comer of the house was counted as hardcover. Levang stated she is not sure if there is any type of flooring there. Mack stated he does not believe so but that the applicants could answer exactly what is underneath there. Gary Marquardt, Applicant, stated it is a little potting area and just consists of four 8' x 8' posts that sit on a concrete pad above the.ground. Marquardt stated he does believe it was counted. Mack stated it is not shown as hardcover on the survey. Levang asked if it would be considered hardcover or structural coverage. Bremer stated it would count as hardcover since there is a concrete pad. Marquardt stated there is a concrete block for each post and that the area between the posts is just ground with an open frame. Gaffron indicated just the posts would count as hardcover. Page 11 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. Bremer noted the City Council considered a pergola located in Webber Hills as hardcover. Gaffron stated that would be considered structural. Marquardt stated they have resided in their house for approximately 30 years. The propetiy is located at the apex of where the shoreline curves. Marquardt stated they have a discussion every spring about where the docks should go or they will touch at the end. Marquardt stated their lot isthe lowest one along the shoreline and very narrow. Marquardt indicated when they purchased the property, the hous~ was already very close to the lot line but that there is more than 20 feet between the houses. Marquardt indicated the original house was a rambler and that they made some changes to.it in 2001, which seemed pretty adequate for them. Marquardt stated they now have eight grandchildren and that they would like to add onto the house so their grandchildren and children can sleep on the same floor, which is the reason for adding the bedroom upstairs. Marquardt indicated the original bedroom will be converted to a small bedroom and bath. The added bedroom will go out the front. Marquardt stated they do not see any issues with health and safety with the project for the general public but that it is a personal safety issue for them with eight grandchildren. Marquardt indicated the only way they can get from their kitchen down to the lake is go through a door and around the hill. Marquardt indicated on the overhead the location of the door. Marquardt indicated they have a special needs grandchild who has a lot of physical challenges andthat they would like to be able to gate him and the younger kids on the deck. Marquardt stated the new deck would be in the area of the stone patio, which will be removed. Marquardt stated what they are talking about is less than 300 square feet. Marquardt stated according to the survey, their lot has shrunk by 500 square feet and the garage ended up moving a foot closer to the road. Marquardt stated they attempted to juggle those differences when designing their project. Marquardt stated whether they put a deck on their house or not will not impact the quality of the water but that it will make. a great deal of difference in their lives. Marquardt indicated they have invested in this community and that all of their neighbors are in agreement. Marquardt stated the view from the shoreline shows that they are the only house in the entire neighborhood that does not have a deck. Marquardt stated they are requesting a deck which will be tucked back into that corner and would not create a problem. Marquardt stated in his view the Planning Commission gave a pretty strong recommendation and that the deck will enhance their neighborhood and is justified. McMillan noted she was in attendance at the Planning Commission meeting and that the Planning Commission did struggle with the request. McMillan stated she would agree the deck would not change the stormwater. McMillan stated it is a fairness piece, however, and that structural lot coverage is an important regulation that Orono has. McMillan stated the question is if the City Council allows this deck, how can they stop someone else from also going over their structural lot coverage. McMillan noted there will be a pretty extensive deck on the second story and that it comes down to the fairness piece as it relates to other Orono residents. McMillan noted previous Planning Commissions and City Councils have been very consistent in enforcing the structural coverage limit and that it is uncommon to allow a net increase when the structural coverage is already exceeding 15 percent. Page 12 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. McMillan noted the language in the resolution adopted in 2001 reads as follows: "The Council has in many situations allowed a property to replace the total existing structure when remodeling, but it is uncommon to allow a net increase when already exceeding 15 percent." McMillan stated it is very hard to justify going over structural lot coverage a second time when it has been spelled out in a previous resolution. McMillan noted it would also be for a second deck. Marquardt stated the roof on the house had to be flattened out in orde1: to allow a view from the new bedroom and that it is not feasible to take their grandchildren out on that deck since it is nota social gathering place. Levang stated she does not see a practical difficulty for the additional deck. Levang stated given the fact that the hardcover will be over the 25 percent limit and the structural coverage currently is at 19.2 percent, she has difficulty increasing that. Levang stated she can understand why the applicant would like to have a deck, but without being able to prove a practical difficulty, she would have a hard time approving that. Marquardt asked her to define a practical difficulty. Levang stated the applicant was required to fill out a practical difficulties form and that it was up to the applicant to demonstrate that there was a practical difficulty. Joan Marquardt stated the practical.difficulty is thatthey want to live there and that they are getting older. Levang stated that unfortunately does not meet the standards for a practical difficulty. Levang stated all people would like to have something different from what they already have but that the Council needs to follow the law. Joan Marquardt stated the deck would allow them to get down to the ground instead of going down stairs and coming out the side door or going around. Marquardt stated their needs have changed and that they cannot be faulted for getting old. Levang stated that is not the standard the Council has to look at. Doug Marquardt stated this is a very narrow lot, so every square foot of change that happens has a larger percentage effect than someone who has a half-acre lot. Levang stated the deck is an add-on and that he is also asking to approve the addition on top, which also requires variances, but the deck is not essential to the house. Marquardt asked how big of a difference are they really talking about. Levang stated he is talking about structural coverage at 19 .2 percent when the limit is 15 percent. Marquardt pointed out the area where the deck would be located. Marquardt asked what that difference would be. Levang stated she is concerned about the hardcover being at 25 percent and increasing to 27.8 percent and increasing the structural coverage to 19 .2 percent. Page 13 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. Marquardt stated they are talking about less than 300 square feet. Marquardt asked why they have meetings. Marquardt stated if the City Council is going to hold to the ordinances, they can just publish the numbers in the paper and people need not apply. McMillan noted in 2001 a structural variance was granted to attach a garage to the house, which is something that is reasonable to a house. Marquardt stated they had a detached garage that was located 15 feet from the road. Marquardt noted safety was an issue then. Marquardt stated safety is an issue in this application as well. Marqqardt indicated he is a citizen of Orono and that he has lived here for 30 years. Marquardt stated he maybe has another 20 years here and that the most important years are when the kids are little. McMillan stated everyone's home is difficult for whatever reason in different periods of someone's life but that the City's structural lot limit is very imp011ant. McMillan stated the structural coverage limit is necessary to keep the proper sized house on a lot. At times the City Council has allowed variances to structural coverage for people who have very tiny lots and need a garage, which is a different set of circumstances. McMillan stated one of the factors in determining whether a variance should be granted is whether the prope11y can be put to a reasonable manner, which it can be in this situation without the second deck. McMillan indicated the City Council has to apply the code as fairly as best they can. Marquardt stated he would suggest the City Council ask themselves what is the advantage here and what is the greater good that will happen from the decision that they make. Printup stated he struggled with the hardcover piece the most and that he is okay with going up with the addition. Printup noted the City went through a pretty significant review a few years back. Printup stated in going through that process, he thought to himself that the Council has actually become more lenient on hardcover, which he was happy with: Printup stated he always tries to be flexible, which is why in his view it is reasonable to go upward, but that he has an issue with the deck. Marquardt noted the deck is a couple hundred square feet. Printup stated that is the other part of being reasonable, but being that the City's hardcover limits have already been relaxed, he is struggling with it. Marquardt stated from a citizen's standpoint the ordinances are difficult to understand. Marquardt stated he can see when they are dealing with lots of houses and a number of acres, but that this is a small house. Marquardt noted it is not a.decision that affects any of the other Orono citizens. Printup suggested the two requests be broken up by the City Council. Printup moved, Levang seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, granting of side and rear setback variances allowing the second story additions. Bremer stated she is going to vote in suppoti of the entire application. Bremer stated the Casco Point neighborhood is a very unique neighborhood and that the lot is not brand new. Bremer stated the applicants are not ripping down a perfectly good house and disrupting everything. Bremer stated it also speaks volumes that all the neighbors are here supporting it and that they would not do that unless they Page 14 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. thought long and hard about the impact. Bremer stated in her view in this particular instance the equity is on the side of granting it. VOTE: Ayes 4, Nays 0. Bremer moved on Application No.14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to approve hardcover and structural coverage variances to permit construction of a lakeside deck consistent with the Planning Commission's recommendation. Motion failed for lack of a second. Printup noted there was a comment made at the Planning Commission that they did not want to try to redesign it. Printup asked if it would be appropriate to table the application to allow the applicants to redesign it slightly. Marquardt asked if the size of the deck could be reduced somewhat to bring it back straight. McMillan noted there was also talk at the Planning Commission meeting about providing access rather than a deck, and asked if that is what the applicant would like. Marquardt stated the stairs would need.to be what they are due to the height. Joan Marquardt pointed out they are side steps. Levang stated the Council does realize that. Marquardt stated if the decision is not to allow a deck, he would note that the door will stay because otherwise they would need to go all the way to the front of the house. Bremer asked if the appHcant would like to table this p01tion of the application. Marquardt asked what would happen next if it was tabled. Printup stated the applicant appears to be suggesting that he would be willing to reduce the size of the deck but that he does not want to put the applicant in a spot where he feels compelled to concede anything without reviewing it closer. Printup stated he wants to be reasonable and make sure that the applicants are comf01table with it. Printup stated the applicant could redesign it or work with Staff on it. Marquardt indicated he would be okay with that. Joan Marquardt asked if they can start on anything. Mack noted the requests are one single application and that Staff is not able to authorize building permits until all aspects of the requests are acted on. Mack stated the motion to table the application would direct the applicants to work with Staff and re-examine the options. Mack stated the numbers would need to be recalculated if there is redesign being considered, and once that is complete, it would be brought back to the City Council. Page 15 of 21 City of Orono Hardcover Calculation Worksheet Property Address: -i~ l1 CA~ f'',JT l? D Prepared by: LutJi), rJ A\¼.+tl'U.~ L.Ll-Date: ~I /io,4 Stormwater Quality Overlay District Tier: (Circle one} Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form}. Include all existing hardcover items that are Intended to remain, as well as all proposed hardcover Items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and II hd f I h ca cu ate ar cover sQuare ootage separately or eac portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garaae) 0-,c-• (2-4' X 30') '720S.F.) A I ~ ... Kr "'4,i.1c.J? 4'a.,t:. I S.F. B I l't1n -"1~.2., S.F. C I L#'t .o, tu • a. lZ. • ••Au .,1_ • /" .. t.. ,"t'1 ."Tb sr.c. • . . .... ... J G.<". 2.4-S.F. D -S.F. E S.F. F 1,;!. Z.':,o • S.F. G Ho\f.,Jt -t~"1+,II S.F. H .._...._ .n ~.o.A S.F. I Q"4.1w.' .u.d -13~ • .,G. S.F. J ~'T' .. .0'7 l\.ic.:t ~Nl)cwC, ( nr.,~ l 1°'1 &t a.,."4C/Vi,n -S.F. K Ar.· Pile , 4,,oc S.F. L QllJ(" { ~ i.~ (k.,.~ .... 1,0. "f7 S.F. M ~l'~' N\tJ6 wft.1 -1'0 IH Y.1.4. ....Ml . ,._ A ) ~ --S.F. N "tn'OtJ .... l)t,,"t, 0 b• '-.. G L • .&.I&/\) , S.F. 0 Aa.L,,..L I Tb a.c. v1..a. H . .L A "'I S.F. p -✓ S.F. a S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. m Total Pronosed Hardcover i,70~; S.F. Excludable Hardcover (See Cltv Code Sec 78-16841: 1'1:.1'1'111\11...f. WA,4.(,. f\Jtrr Wrnf,N, S.F. f!.1 ,-,r l i\ o ' ~ .f!', • t!. r'\c. t.L<"" -/.t'J/"J S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover ,oo . S.F . (3) Net Prooosed Hardcover rsubtract line (2) from line (1)1 4.. ~~s:-, ~ S.F. (4) Total Lot Area f(o J~lr., ~ S.F. Proposed Hardcover Percentage [ (3) + (4) ] 1:1,7 / '/4 - Packet Lest Updated: Jsnua,y 2014. This is en information packet regarding Hardcover. Eve,y effort hes been made to Insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 26of27 City of Orono Hardcover Calculation Worksheet Property Address: 1 l 9 \ 7 C.Qbc1> Prepared by: ScbMo \owk,JL f+-~ Dae: "/rs/,q Stonnwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 step 2: PROPOSED HARDCOVER In the following table, Identify all Items of proposed hardcover on the property, keyed by letter to Certlftcate of Survey (survey must accompany this fonn). lncfude all existing hardcover Items that are Intended to remain, as well as all proposed hardcover Items that wlll be added. Use as many llnes as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, Identify any features by letter which .are split at the 75' setback llne and calculate hardcover square footage SSDBl'&te1 for eaoh oortlon. Keyto Total Hardcover Item (Describe) Length X Width 8urvev lSauare Faat\ IExamrlA\ DNxSO'\ .... mft8.F,\ A ---u-. -IJ un-,. ,_ , 8,F. B ,_ ~,.. IS.,7U S.F. C ,. ~ ta'\ ... I I ,.~ -z. 1 S.F. D ....... ..... 7' c; , .... ' S.F. E --,n ... ,,. • N.. S.F. F ,:,: I -,L L \,,.., .. ..1•_,. fA, t"\,Z1 S.F. G .,_ . .a.. ......... .J. u \"'1 ,'2"1 I l.l S.F. H ~-L 1. ' ..... ~ ~. ~t-S.F. I '"' .. IL... 2"2.m 8.F. J S.F. K S.F. L S.F. M 8.F. N S.F. 0 S.F. p . S.F. Q s.i:. R S.F. s S.F. T S,F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. l1\ Total . -, lo\n '\, ""'t"I 8.F . . Excludable Hardcover,__ CHv Code Seo 78-1984): "I).,,\,.. a.,"'° l \ "2 ~r S.F. . S.F • 8,F. S,F. S.F. l2\ Total Exdudahle : -5 --lit A_f, 13\ Net Haldcowr rsubtract nne ,~ from tine 11n ~r,., I\. '-I"\ SF. 14\ Total LotArea l(,.c:fQL 71 A,F. Proposed Hardcover Percentage t(3)+(4)) ri.,.e. 6 'Ila 11u 18 an Information paant l8gen;/Jng Hardcover. Ewry effolt has been made to msure the 8CGUl'8CY of the ltlfonnallon conlBllled herutn: howwM1r, If any Informal/on Is not oonalstent with p,uvls/ons of the City Code, the Code pn,vlBloM wm prevail. Page9of9 i I ' I : ! I ' ; ' I I i i I ·t,.le,1,1., /J~Tl ' i I i ' ' ! i : ' I ' i ' ! ! : ' ' ' ' ! I I : City of Orono Hardcover Calculation Worksheet Property Address: 2.4:, 17 Prepared by: Date: l 2/ l / 1..0 l4- ' Stormwater Quality Overlay District Tier: (Circle one) 8 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Keyto Hardcover Item (Describe) Length x Width Total Survey (Square Feet) CExamole) (Garaae) (24' X 30') (720 S.F.) A ~111\-r .a.lt\tl~ 0-1<'' 4-tlZ,r ... 1 S.F. B :,A1"\n ll ..,~.'2.~ S.F . C I :.c::rAu,111.FL 1,1.4.tJ L " /11 --"\ ll.,~✓• ...,., ,Z. I S.F. D --,,,. D,"'""' I c c;v.,. II I ~ i: E "1Ci"~ .,~· -S.F. F • f-l,,1 \ ~s: II Z.':i' I+, II S.F . G •~ ... o ,, c~.o.n S.F. H __ !_ Aa..l/\ J A • I\ Jt-('o.t..(\11 . /!t"J,"7-, S.F. I "· : ... ... u ~ ~ ·u -"" 1'3~_2f? S.F. J ~"T4\a t,h~ •• ..._. ~ II C: 2, S.F. K S.F. L C:,.,7'>,.,._\<C, 'P-A'nf"l -, 11 JCf(),g. S.F. M AC.. PA~ • ,, ~.bb S.F. N . S.F . 0 ............ t"JY,,~tJ~ ,, (I~ 1r<J S.F. p It If t.m'LL.J: "-•JI\..,. " /r-.... 4z, S.F. Q -. S.F . R S.F. s S.F. T S.F. u /1 ./ S.F. V .ttd ... "\ i ..,..,-;.:. ..., -"' S.F. w 'r ~. 'j> -'/• 7"",;.'f S.F. X olfl-,, Ah/,... ,.,., :: ..j, ~ /// 7 .. S.F. y / / ·-.... , -S.F. z < " S.F. (1) Total Existing Hardcover ,,,;c,,2,-. S.F. Excludable Hardcover (See Cltv Code Sec 78-1684): ~11\,tJu.J-. WA-l.l,., 12• ·-'· ii} 71/{"' ..;. JE, S.F . 'P\1¥)~ /hlP (..1'-..ifl ,..n'. I f1c.l.,;-,, t:,,.. i1 S.F. . . S.F . S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existina Hardcover rsubtract line (2) from line (1)1 4 ."11 l,(,'Z.. S.F. (4) Total Lot Area lCo.t.,,IS,Qt. S.F. Existing Hardcover Percentage [ (3) + (4) J 2<l,,3(o % (Proposed Hardcover next page) Pscket Lsst Updsted: Jsnusry 2014. This is en infonnation packet regarding Hsrdcover. Every effort hes b6en msde to insure the sccurscy of the infonnetion contsined herein; however, if sny infonnetlon Is not consistent with provisions of the City Code, the Code provisions w/11 prevail. Psge25of27 City of Orono Hardcover Calculation Worksheet Property Address: ·ua, ·1 C (JbC.C PNpared by: ::> PdMb :kl, QI. - xoi.t ,:isd oats: ,0 f 3/zo«i Stormwater QuaBty OV811ay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER PC ExhlbltF In the follow1ng taNe lden1ify all Items of existing hardcover on the property. keyed by letter co CerUncate of SUrvey (survey mustaccompanythfa form). Use• many IJneB as neceaaary to accurately depict exlatlng hardcover atatue of the property, For 11er 1 propertla8, Identify 8ff/faaturaa by letter whloh are split at the 71 setback One and calculate hardcovar square footage separately for each portion. ~eyto Kardcovar Item (Dasarlbe) Length X Width Total IRauan Feet) 124•x30'\ mos.F.1 A I.I --+-\A-,,-,. f.fD1J,,.I H.F. B -'-"-n ~ '"". ?a. S.F. C A'""• t II'\ ~JI. ... '1u.-. A_\ c.,. -r?.'71 S.F. D ..i-•• ,L ,.. u -, c:. , ... \. \ S.F, E .... J. --A c..r ... An S.F. F ~-"'c;..'~ \--Al.,..rr. i'J'IM. 7 1 8.F G ~,,,,,,\Iii. •. 0 l'-4? q_ \&:l S.F, H V ,.4-t-__., _,,, ... ,.. ,,.Jhl -• 11. <,. c:::: • 3 {,,._ 8,F. I " S.F. J A :, K 8 r. L ll •. M 8, :. N S.F. 0 5 • p .F. Q LF. R S.F. s S,F. T S.F. u S.F. V S.F. w S,F. X S.F. y R.i:. z 8.F. 11\ T~~-· · 4111\S ;-,C\ H.F. Ealudable HardcDvar IIIAA r.llV Code 8eo '1MB84l: .RJ:. 8.f. S.F. S.F. 8.F. 121 T~-. AS: 13\ Nllllt~ nn:· -. Ina 1216nm lfrrA 11 H Llof,. l ~ • 7'-t 8.F. (4) Tntal Lot J lma llo"1, -r, ·1 J I S.F. . -· Bxlatfng llardcoverPeraentage UJU'(4)(Mq i.1. u.,,. n.....,. _-, ,. '-I• I I - Paclcet Laat U)Xfafect JafUlr/ 2Df4. 1111t11eant111o1nMlfianpadtal,aga,db19 HarrlrJollwr.. lii!wllYellbrtmbeenmade tomsure"'9m:ctnGYol"'8Holaalancor"81n8dhtreltc hrlwawr. r11111twnnation 1snott:Ollfl/lltBn1 w111tpnN1t111msa1111e Clt'Qlde. lhflalde,..,._ ,..,,,.,,,,,_ Psge'l/Satzt RECEIVED OCT 162014 # 3 6 97 r:•.l i t 1 •• · .. /1' • ~• ,,, d ",, • ''"' )' I fl t L , ', ,,.,, i • . ',1/w •· '\. •·"". l . . . . ! ,~ : ,... .... ,z,_ . E O') 0 0 (.'J -:,' .- 0 N © MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. 8. #14-3697 GARY A ND JOAN MARQUARDT, 2617 CASCO POINT ROAD- VARIANCES Gary Marquardt, Applicant, was present. Community Development Director Mack stated the variance before the City Council tonight is for Gary and Joan Marquardt at 2617 Casco Point Road. The applicants are requesting side and rear setback variances in order to allow a second story addition over a portion of the garage and an addition on the lake side of the home for a master suite on the second floor . The request also includes structural and hardcover variances to allow 19 .5 percent structural coverage and 28.8 percent hardcover to accommodate a new lakeside deck over a patio under a portion of the proposed deck. Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing home and the lot line. With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a Tier 1 property. The current hardcover level is 494 square feet over the 2001 variance approved level. The applicants are requesting 3 7 4 additional square feet of hardcover for the deck and stair for a total of 700 feet over the 2001 approval. Staff finds the applicants' request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for a deck increases the existing nonconforming structure and hardcover levels on the property and is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. The Planning Commission unanimously approved the setback variance and voted 4-1 to approve the requested hardcover and structural coverage variances to permit construction of a lakeside deck subject to the removal of the deck/landing and stair on the south side of the home and removal of the patio below the deck. Mack stated the resolution before the City Council tonight reflects the Planning Commission 's recommendation . Staff is recommending that the Council discuss the differences about the structural coverage versus the hardcover . The Planning Commission recommends approval of both the side setback and structural coverage and hard cover variances allowing for the request as proposed with conditions. Page 11 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 26!.,7J;ASCO POINT ROAD -V ~CEs:· continued) .•·· ~···•"'"'". .,.,,,,,,.--'·· · ·· .11" • ,~:~.,,,·' .,.,-1·;()"'' ,, ' The additions mus.t,conform to the standard ~eight and massing requirements of thy zoning code. Staff however, find?,.do· practical difficulties exis(which support the hardcover or structural coverage variances. -. ~ As a result" .those requested variances. should be denied. .. ·' · · . .I-' ; ,.I~ •• - ✓ . Levang asked if the little ·gazeb~· or structure in the cmner-.ofJhe house was counted as hardcover:•-., Levang stated she is not sure lfrtl)ere is any type of flooring there. "·,,,. Mack stated he does not believe so but that the applicants could answer exactly what is underneath there. Gary Marquardt, Applicant, stated it is a little potting area and just consists of four 8' x 8' posts that sit on a concrete pad above the ground. Marquardt stated he does believe it was counted. Mack stated it is not shown as hardcover on the survey. Levang asked if it would be considered hardcover or structural coverage. Bremer stated it would count as hardcover since there is a concrete pad. Marquardt stated there is a concrete block for each post and that the area between the posts is just ground with an open frame. Gaffron indicated just the posts would count as hardcover. Bremer noted the City Council considered a pergola located in Webber Hills as hardcover. Gaffron stated that would be considered structural. Marquardt stated they have resided in their house for approximately 30 years. The property is located at the apex of where the shoreline curves. Marquardt stated they have a discussion every spring about where the docks should go or they will touch at the end. Marquardt stated their lot is the lowest one along the shoreline and very narrow. Marquardt indicated when they purchased the property, the house was already very close to the lot line but that there is more than 20 feet between the houses. Marquardt indicated the original house was a rambler and that they made some changes to it in 2001, which seemed pretty adequate for them. Marquardt stated they now have eight grandchildren and that they would like to add onto the house so their grandchildren and children can sleep on the same floor, which is the reason for adding the bedroom upstairs. Marquardt indicated the original bedroom will be converted to a small bedroom and bath. The added bedroom will go out the front. Marquardt stated they do not see any issues with health and safety with the project for the general public but that it is a personal safety issue for them with eight grandchildren. Marquardt indicated the only way they can get from their kitchen down to the lake is go through a door and around the hill. Marquardt indicated on the overhead the location of the door. •·----··---·--··-------------Page 12 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES, continued) Marquardt indicated they have a special needs grandchild who has a lot of physical challenges and that they would like to be able to gate him and the younger kids on the deck. Marquardt stated the new deck would be in the area of the stone patio, which will be removed. Marquardt stated what they are talking about is less than 300 square feet. Marquardt stated according to the survey, their lot has shrunk by 500 square feet and the garage ended up moving a foot closer to the road. Marquardt stated they attempted to juggle those differences when designing their project. Marquardt stated whether they put a deck on their house or not will not impact the quality of the water but that it will make a great deal of difference in their lives. Marquardt indicated they have invested in this community and that all of their neighbors are in agreement. Marquardt stated the view from the shoreline shows that they are the only house in the entire neighborhood that does not have a deck. Marquardt stated they are requesting a deck which will be tucked back into that corner and would not create a problem. Marquardt stated in his view the Planning Commission gave a pretty strong recommendation and that the deck will enhance their neighborhood and is justified. McMillan noted she was in attendance at the Planning Commission meeting and that the Planning Commission did struggle with the request. McMillan stated she would agree the deck would not change the stormwater. McMillan stated it is a fairness piece, however, and that structural lot coverage is an important regulation that Orono has. McMillan stated the question is if the City Council allows this deck, how can they stop someone else from also going over their structural lot coverage. McMillan noted there will be a pretty extensive deck on the second story and that it comes down to the fairness piece as it relates to other Orono residents. McMillan noted previous Planning Commissions and City Councils have been very consistent in enforcing the structural coverage limit and that it is uncommon to allow a net increase when the structural coverage is already exceeding 15 percent. McMillan noted the language in the resolution adopted in 2001 reads as follows: "The Council has in many situations allowed a property to replace the total existing structure when remodeling, but it is uncommon to allow a net increase when already exceeding 15 percent." McMillan stated it is very hard to justify going over structural lot coverage a second time when it has been spelled out in a previous resolution. McMillan noted it would also be for a second deck. Marquardt stated the roof on the house had to be flattened out in order to allow a view from the new bedroom and that it is not feasible to take their grandchildren out on that deck since it is not a social gathering place. Levang stated she does not see a practical difficulty for the additional deck. Levang stated given the fact that the hardcover will be over the 25 percent limit and the structural coverage currently is at 19 .2 percent, she has difficulty increasing that. Levang stated she can understand why the applicant would like to have a deck, but without being able to prove a practical difficulty, she would have a hard time approving that. Marquardt asked her to define a practical difficulty. Page 13 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES continued) Levang stated the applicant was required to fill out a practical difficulties form and that it was up to the applicant to demonstrate that there was a practical difficulty. Joan Marquardt stated the practical difficulty is that they want to live there and that they are getting older. Levang stated that unfortunately does not meet the standards for a practical difficulty. Levang stated all people would like to have something different from what they already have but that the Council needs to follow the law. Joan Marquardt stated the deck would allow them to get down to the ground instead of going down stairs and coming out the side door or going around. Marquardt stated their needs have changed and that they cannot be faulted for getting old. Levang stated that is not the standard the Council has to look at. Doug Marquardt stated this is a very narrow lot, so every square foot of change that happens has a larger percentage effect than someone who has a half-acre lot. Levang stated the deck is an add-on and that he is also asking to approve the addition on top, which also requires variances, but the deck is not essential to the house. Marquardt asked how big of a difference are they really talking about. Levang stated he is talking about structural coverage at 19.2 percent when the limit is 15 percent. Marquardt pointed out the area where the deck would be located. Marquardt asked what that difference would be. Levang stated she is concerned about the hardcover being at 25 percent and increasing to 27.8 percent and increasing the structural coverage to 19 .2 percent. Marquardt stated they are talking about less than 300 square feet. Marquardt asked why they have meetings. Marquardt stated if the City Council is going to hold to the ordinances, they can just publish the numbers in the paper and people need not apply. McMillan noted in 2001 a structural variance was granted to attach a garage to the house, which is something that is reasonable to a house. Marquardt stated they had a detached garage that was located 15 feet from the road. Marquardt noted safety was an issue then. Marquardt stated safety is an issue in this application as well. Marquardt indicated he is a citizen of Orono and that he has lived here for 30 years. Marquardt stated he maybe has another 20 years here and that the most important years are when the kids are little. ----------~-~----------~------Page 14 of 21 ------------- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES continued) McMillan stated everyone's home is difficult for whatever reason in different periods of someone's life but that the City's structural lot limit is very important. McMillan stated the structural coverage limit is necessary to keep the proper sized house on a lot. At times the City Council has allowed variances to structural coverage for people who have very tiny lots and need a garage, which is a different set of circumstances. McMillan stated one of the factors in determining whether a variance should be granted is whether the property can be put to a reasonable manner, which it can be in this situation without the second deck. McMillan indicated the City Council has to apply the code as fairly as best they can. Marquardt stated he would suggest the City Council ask themselves what is the advantage here and what is the greater good that will happen from the decision that they make. Printup stated he struggled with the hardcover piece the most and that he is okay with going up with the addition. Printup noted the City went through a pretty significant review a few years back. Printup stated in going through that process, he thought to himself that the Council has actually become more lenient on hardcover, which he was happy with. Printup stated he always tries to be flexible, which is why in his view it is reasonable to go upward, but that he has an issue with the deck. Marquardt noted the deck is a couple hundred square feet. Printup stated that is the other part of being reasonable, but being that the City's hardcover limits have already been relaxed, he is struggling with it. Marquardt stated from a citizen's standpoint the ordinances are difficult to understand. Marquardt stated he can see when they are dealing with lots of houses and a number of acres, but that this is a small house. Marquardt noted it is not a decision that affects any of the other Orono citizens. Printup suggested the two requests be broken up by the City Council. Printup moved, Levang seconded, Application No.14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, granting of side and rear setback variances allowing the second story additions. Bremer stated she is going to vote in support of the entire application. Bremer stated the Casco Point neighborhood is a very unique neighborhood and that the lot is not brand new. Bremer stated the applicants are not ripping down a perfectly good house and disrupting everything. Bremer stated it also speaks volumes that all the neighbors are here supporting it ancl that they would not do that unless they thought long and hard about the impact. Bremer stated in her view in this particular instance the equity is on the side of granting it. VOTE: Ayes 4, Nays 0. Bremer moved on Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to approve hardcover and structural coverage variances to permit construction of a lakeside deck consistent with the Planning Commission's recommendation. Page 15 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES continued) Motion failed for lack of a second. Printup noted there was a comment made at the Planning Commission that they did not want to try to redesign it. Printup asked if it would be appropriate to table the application to allow the applicants to redesign it slightly. Marquardt asked if the size of the deck could be reduced somewhat to bring it back straight. McMillan noted there was also talk at the Planning Commission meeting about providing access rather than a deck, and asked if that is what the applicant would like. Marquardt stated the stairs would need to be what they are. due to the height. Joan Marquardt pointed out they are side steps. Levang stated the Council does realize that. Marquardt stated if the decision is not to allow a deck, he would note that the door will stay because otherwise they would need to go all the way to the front of the house. Bremer asked if the applicant would like to table this portion of the application. Marquardt asked what would happen next if it was tabled. Printup stated the applicant appears to be suggesting that he would be willing to reduce the size of the deck but that he does not want to put the applicant in a spot where he feels compelled to concede anything without reviewing it closer. Printup stated he wants to be reasonable and make sure that the applicants are comfortable with it. Printup stated the applicant could redesign it or work with Staff on it. Marquardt indicated he would be okay with that. Joan Marquardt asked if they can start on anything. Mack noted the requests are one single application and that Staff is not able to authorize building permits until all aspects of the requests are acted on. Mack stated the motion to table the application would direct the applicants to work with Staff and re-examine the options. Mack stated the numbers would need to be recalculated if there is redesign being considered, and once that is complete, it would be brought back to the City Council. Joan Marquardt asked if they would need to go back before the Planning Commission. Bremer indicated they would not. McMillan stated it sounds like it would be better to table the whole application. ---·---·-----·-··-·-__________ ----··-Page 16 of 21 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES continued) Marquardt asked what the timeline would be. Mack stated if the City Council does table the application, Staff would likely extend the 60-day rule to allow for an additional 60 days. Mack stated the applicants could either come back at the first meeting in December or January. Bremer noted there is only one City Council meeting in December. Marquardt asked if it is possible to take the deck off of the application tonight and then start over with the deck as a separate issue. Marquardt indicated the deck will be the last thing that will be built and that they would like to start construction on the addition this winter. Mattick stated they can do that. Mattick asked how long the applicants would be prohibited from reapplying if that portion of the application is denied. Gaffron indicated six months. Bremer noted that would just be for the deck. Mattick stated if the applicants are requesting approval of the side yard setback, he would recommend withdrawal of the application as it relates to the deck rather than having it denied. Mattick stated that would allow the applicants to reapply for the deck immediately. Mattick stated if, in fact, the variances regarding the deck are denied, the ordinance requires the applicants to wait six months before making the same application. Bremer stated if the applicants proceed with the addition, they would be building something without the deck. Loftus stated there will be some redundancy the applicants will need to go through if they separate the requests. Marquardt asked what the most expeditious way to proceed would be. Loftus stated it does not sound like it will be approved tonight. Mattick stated if the applicants are able to redesign their plans in the next week, they would be able to be back before the City Council on December 8. Joan Marquardt stated she thought they had to wait six months. Mattick stated that is only if the variance for the deck is denied. Mattick stated the most cost efficient method is to table the application, which means there would not be an approval to grant the side yard setback tonight. Mattick stated if they would like to redesign the deck, he would recommend the application be tabled. Page 17 of 21 ---------------------~----------------- MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, November 24, 2014 7:00 o'clock p.m. (8. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD-VARIANCES continued) Joan Marquardt stated they cannot ask the neighbors to come back again and requested the City Council take into consideration the fact that they did appear tonight. Printup stated he would rather table the application than have to deny the deck without giving the applicant a chance to relook at his plans. Marquardt stated in his view that is a good way to go and that he would like to find a way to make it workable. Printup moved, Levang seconded, to table Application No.14-3697, Gary and Joan Marquardt, 2617 Casco Point Road. VOTE: Ayes 4, Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Pu · Works Director/City Engineer Edwards stated recently the focus of the Public Works artment has bee o conduct snow removal and de-icing operations throughout the city. Edwards s ed he is looking at · g things a little differently this year in the way the streets are plowed. T Public Works Department wi proactively coming out to take care of the streets. Edwards not in the past the Public Works Dep ent has waited for a call from the Police Department confi · g the amount of the snowfall. Edwards stated he is also loo at focusing the Public Works Dep streets to try to keep the snow and 1 pack off of those highly trav Edwards stated in the past the Public Works Dep,:iN.lmAl..rt throughout the City consisting of 15 percent salt ent initial priority on the through droads. in a really hard freeze giving traction to the to:R the sur e, but in order to get rid of the snow pack, the Public Works will be using a mixture with re salt on the t ugh roads in order to loosen the material from the surface. Edwards indicated the blic Works Departm t will still stay with the higher sand mixture on the residential streets, esp ally down by the lake to 1 · · the amount of salt that ends up in the lake and stormwater system. *9. Levang moved, Bre seconded, to approve Exhibit B stating that Orono will authorizing winter use of the r 10nal trail along Old Crystal Bay Road from CSAH 6 to Wayz VOTE: Ayes 4, ays 0. ·-·--·-·---··------------····-·----·---------··---Page 18 of 21 Date Application Received: 10/16/14 Date Application Considered as Complete: 11/16/14 60-Day Review Period Expires: 01/12/15 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis Title: Planner Item Description: #14-3697, Gary & Joan Marquardt, 2617 Casco Point Rd -Resolution Zoning District: LR-1C, One Family Lakeshore Residential, 0.5 acre/100' Lot Area: 16,994 square feet (0.39 acre) Lot Width: 47' at the OHWL & 64' at the 75' setback List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Draft Resolution Proposed Survey Proposed Plans Proposed Elevations PC Report & Exhibits 11/13/14 PC Action Notice 11/18/14 Draft PC Minutes 11/17 /14 Application Summary: Date: 19 November 2014 Item No. Agenda Section: In 2001 variances were granted to this property in order to allow construction of additions to the existing home consisting of an attached garage and a second story. The connection of the attached garage resulted in the now existing setbacks of 29.9 feet from the rear lot line and 6 feet from the side lot line (the house setback of 2.7 feet previously existed). The property is located in the LR-1C zoning district which requires 10- foot side and 30-foot rear setbacks. The applicants are requesting side and rear setback variances to allow a second story addition over a portion of the garage for a storage room and lake side of the home for a master suite. The request also includes structural coverage and hardcover variances to allow 19.5% structural coverage and 28.8% hardcover to accommodate a new lakeside deck with stair. Planning Commission Recommendation On November 17th the Planning Commission split the voting into two separate motions. 1. The first motion was ~-!~@mme.nd.ap~f the side and rear setback variances allowing the second story additions•cfs-proposed. This motion passedv.m O vote. ~--n.,,.e_ ,-e.c.'\:>f"'~de.k 2. A ;eeoncl motion regarding approval of the requested hardcove nd structural coverage va · ces to (J)v'(J~t't<l5 efermit construction of a lakeside deck passed with a 4 to 1 vot&a~-iened ttpoo-t-he ollowing:ue.r-e. a. Removal of the deck/landing and stair on the south side of the home; the door should be ~ ft//,,.ws; converted to a window. b. The deck must be constructed as "pervious" and the patio below removed. c. No expansion, enclosures or changes to the footprint or the naturA,of the deck would be permitted in the future without further Planning Commission and ety Council approvals. 1k~s vJA.5 _ \;,o-_~"' \J f0.V' 'N Jl",\\JE ~,Ac~~v(\\ c\~~\cJ \""'~~ ()\--~ ~· 6-w-e,,~'N.~ (}VI \A.-"'-vf\0s~\ s:hA+Ykci \~ ~~ -\-~ · -· :.:.~. · ~ --1 { '~'-.l '/'cl, __ <-e S; ~\~q(\\ C V\~~ t;~ o-\'I..Q.,..-- \. -,,..._r, <2 i' ,,._ ~ ~~ ,a., W ~LV\ A \£;t1 Cd\A'4-'A iv\ (1\,.P C~ • #14-3697 19 Nov 2014 Page 2 of 2 There were neighbors present supporting the applicants at the public hearing; please refer to the draft planning commission minutes attached as Exhibit G for details. Planning Staff Recommendation Staff has prepared an approval resolution consistent with the planning commission recommendations. Due to the hardcover calculation worksheets omitting the patio near the house the hardcover square fo~~ges reported are not accurate. The 1st recommendation of the planning commission requires removal o the6 square foot deck and stair on the south side of the home. However, with the 2nd recommendation o the planning commission the patio near the home should be removed therefore the hardcover of the deck at 288 square feet will be added, and a 100 square foot hardcover credit will be applied. These deductions result in an approved hardcover square footage of 4,898 -100 s.f. (HC deck credit) -60 s.f. (south deck/stair)= 4,738 square feet (27.8%) for the property. Structural coverage according to the planning commission's recommendations as adjusted would be 3,261 square feet or 19.2%. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached approval resolution. NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Gary & Joan Marquardt 2617 Casco Point Rd Wayzata, MN 55398 TYPE OF REQUEST: Variances DATE OF MEETING: 17 November 2014 ZONING FILE: #14-3697 DATE OF NOTICE: 18 November 2014 COPIES Gary & Joan Marquardt Via Email: The Orono Planning Commission voted on separate motions. The first motion was to recommend approval of the side and rear setback variances allowing the second story additions as requested was voted on as follows : 5 FOR/ 0 AGAINST A second motion regarding approval of hardcover and structural coverage variances to permit construction of a lakeside deck as requested conditioned upon the following: 1 . Removal of the deck/landing and stair on the south side of the home; the door should be converted to a window . 2. The deck must be constructed as "pervious" and the patio below removed. 3. No expansion, enclosures or changes to the footprint or the nature of the deck would be permitted in the future without further Planning Commission and city Council approvals. This motion was voted on as follows: 4 FOR / 1 AGAINST Applicant's next meeting is tentatively scheduled as: Monday, November 24, 2014 at 7 PM City Council If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission . If you have questions, please contact Melanie Curtis at mcurtis@ci.orono.mn.us or 952 .249.4627. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. 3. #14-3697 GARY AND JOAN MARQUARDT, 2617 CASCO POINT ROAD, VARIANCES, 7:18 P.M. -8:07 P.M. Gary and Joan Marquardt, Applicants, were present. Curtis stated in 2001, variances were granted to allow additions to the home on this property which allowed for the construction of the attached garage and the second story resulting in the existing setbacks on the property. The current setbacks are 29.9 feet from the rear, six feet from the side for the garage addition, and the 2.7 foot setback for the house was previously existing. The property is located in the LR-lC, which requires 10-foot side and 30-foot rear setbacks. The applicants are requesting side and rear setback variances in order to allow a second story addition over a portion of the garage and an addition on the lake side of the home for a master suite on the second floor . The request also includes structural and hardcover variances to allow 19.5 percent structural coverage and 28.8 percent hardcover to accommodate a new lakeside deck over a patio that is existing under a portion of the proposed deck. As a result of the 2001 variances, the additions were constructed. According to the survey, the garage was constructed 29 .9 feet from the rear. The applicants are proposing to construct additions for the new second story master suite on the lake side and a second story addition over the attached garage for storage . The proposal requires approval of a portion of the new second story to encroach into the 10-foot side yard setback for approximately 10 feet oflength for the master bedroom, which narrows as it gets toward the lake. The encroachments are depicted in yellow on the overhead. With 27 percent hardcover currently, the property exceeds the 25 percent hardcover limit permitted on a Tier 1 property. The current hardcover level is 494 square feet over the 2001 variance approved level. The applicants are requesting 3 7 4 additional square feet of hardcover for the deck and stair for a total of 700 feet over the 2001 approval. Additionally, in 2001 a structural coverage variance was granted allowing 2,961 square feet of structural coverage or 16.9 percent at that time. The lot area was calculated in 2001 as 17,467 square feet. Today's survey shows the lot area is 16,994 square feet, putting the 2001 approved structural coverage percent at 17.4 based on the current survey. The property exceeds the 2001 approved level by 72 square feet currently . The applicants are asking for an additional 288 square feet above that level. Staff finds that the proposed additions and changes on the second floor may be reasonable considering the limited impact to the adjacent properties as well as the difficulty resulting in the location of the existing home and the lot line. However, Staff finds the applicants' request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for a deck increases the existing nonconforming structure and hardcover levels on the property and is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the Page 7 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. Planning Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home conditioned upon screening from neighboring properties as the Planning Commission deems appropriate and feasible. The additions must conform to the standard height and massing requirements of the zoning code. Staff finds no practical difficulties exist which support the hardcover or structural coverage variances. As a result, those requested variances should be denied. Leskinen asked how the Planning Commission can account for the difference in the calculation between the 2001 approval and the current survey. Curtis stated the Planning Commission should focus on the square footages and that it is not uncommon for surveys done years apart to have discrepancies in square footage based on where the lake was measured. Curtis stated the square footages are matched up easily enough but exceed the approved level. Leskinen asked approximately where the deck would be located. Curtis stated the dotted line shows the location of the deck and that there is a portion of the patio that currently sticks out. Curtis indicated the deck is angled somewhat. Leskinen asked whether the deck would go completely over the existing stone patio. Curtis indicated the deck would be larger than the existing stone patio. Leskinen asked if the stone patio will remain. Curtis stated the stone patio can remain but that the applicants can clarify whether it will be removed. Gary Marquardt, Applicant, stated they have resided in the house for 29 years, and when they remodeled in 2001, they had two kids in college, and that they now have eight grandchildren, with six of them being under the age of ten. Marquardt stated the functionality of the house has changed, and that when they visit, which is frequently, they would like all of the kids and parents to be on the same floor when sleeping, which is the reason for moving the bedroom. Marquardt stated it is important to note that the structural changes, not including the deck, do not change the external footprint of the house. There also is a need for additional storage in the house. Marquardt indicated the house was constructed long ago and is located in the apex of Spring Cove. Marquardt stated when he and the neighbor put their docks in, they have to be careful because they can touch at the end. Marquardt stated as it relates to the deck, the essential character of this neighborhood is that every house except this one has a deck. Marquardt stated in his view the deck will make the house more functional during their retirement years. The setback for the comer of the house is 2. 7 feet from the lot line. Marquardt indicated when they constructed the garage, there was double sheet rock placed on the walls for fire protection. Marquardt stated as it relates to the deck, they have a grandchild who has some physical ailments, and that when he heads for the lake, without a deck, they can only see him for a short distance but then have to go out the house to continue to follow him. Marquardt stated that is the primary hardship for them but Page 8 of 23 MINUTES OF THE ORONO :eLANNING COMMISSION.-.MEETING Monday, November 17, 2014 7:00 o'clock p.m. that is not inherent to the land. Marquardt stated it is a safety issue and that the deck will also give them the opportunity to more enjoy the property. Marquardt stated when you look at the surveys, they show that the lot has somehow shrunk . Marquardt stated the garage was 30 feet from the road when it was constructed but it is now 29.9 feet from the road. Marquardt stated the garage did not move, but somehow these differences happen, and that they are talking about a relatively small number of additional square feet. Marquardt stated Melanie Curtis has been extremely helpful with their application . Marquardt indicated they have a door that exits in this location and then a porch that has railings that are above the structural level. Marquardt indicated they could remove that if absolutely necessary as well as the stone patio . Marquardt stated they would also be willing to remove other hardcover if necessary . Marquardt stated the proposed deck is not huge and that they would like to have a table and chairs out there to make it functional. Marquardt stated in attendance tonight are Rick Lundeen , their architect, and the two adjacent neighbors. Also in attendance are the Greenes, who are three houses over. Marquardt stated they have not received any objections from any of the neighbors. Chair Leskinen opened the public hearing at 7:33 p.m. Tom Kubalak, 2623 Casco Point Road, stated he and his wife fully and wholeheartedly support the addition to the house. Chair Leskinen closed the public hearing at 7 :34 p .m . Schoenzeit asked if the house as built is larger than what was approved in 2001. Curtis stated to her understanding it is not but that she is not sure if the side entry deck was included in the 2001 approval. The deck is 60 square feet and the overage is approximately 70 square feet. Curtis stated the survey is pretty accurate in displaying what is on the property . Schoenzeit asked if it is over with the most favorable set of numbers . Curtis stated she is basing it on square footages and not percentages since that would be the most equitable way to compare it. Landgraver stated he had a similar thought and that he noticed there is a walkway from the driveway to the front door and that there is now more paving being shown, which may be a reason for the hardcover mcrease . Marquardt indicated that was there in 2001 . Curtis stated she is not sure how the previous survey accounted for the cantilever on the north side of the house . Page 9 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Leskinen stated she is comfortable with the upper addition since it should not have any additional impact because it is over the existing footprint. Leskinen stated she is struggling with the deck given the increase in structural and hardcover coverage and that there is not a practical difficulty with the house itself. Thiesse stated the intent of the code is to prevent someone from building something way out of line that does not fit the character of the neighborhood. Thiesse stated the house, even with a deck, fits in there and needs to be there, and that he agrees the essential character of a lakeshore house would have a deck. Schoenzeit asked how the Planning Commission can justify an increase in structural coverage for this property and not on other properties. Thiesse stated there is room for the deck, and if it looks like it fits in the neighborhood, why is 15 percent a solid number. Thiesse questioned why 75 feet is a solid number and structural coverage is a hard number but hardcover is not. In this case the neighbors are not opposed to it, which makes a difference, and that the essential character of this neighborhood is a deck on the back of the house given the fact that they are located on the lake. Schoenzeit noted they are proposing 3,300 square feet and 2,500 square feet is allowed. Schoenzeit stated everybody could have that much if they have the room. Thiesse stated he is not a proponent of using the neighbor's property to someone's benefit. Schoenzeit stated the deck is likely not on there because they did not meet the limit the first time around but that they are now asking for it ten years later. Thiesse stated that is a very fair question but that the reason for the deck is access and visual. Thiesse stated they could reduce the size of the deck and eliminate the stone patio. Thiesse noted the brick patio down by the lake is not structural hardcover, and that if they are allowed anything for a deck, they would be in violation. Schoenzeit noted the house is already over on structural coverage. Leskinen stated the applicants' practical difficulty in this case is being able to access the rear yard. Curtis stated the structural coverage currently is 15.42 percent. Leskinen stated if the deck is simply for access, conceivably it could be reduced. Schoenzeit stated they could also construct a 4 x 4 landing with a staircase, which would allow access to the rear yard. Schoenzeit stated other people will want the same thing if the Planning Commission approves this request. Landgraver stated the upper addition is fine and that the Planning Commission could be opening up the door by making an exception in this case. Landgraver asked which patio consists of the 75 square feet. Curtis indicated she is not sure which patio that is. Landgraver asked if the stone patio adjacent to the house is incorporated into the hardcover calculations. Page 10 of 23 Curtis stated it is. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Land graver stated he is attempting to see if there are some things that can be done without redesigning everything. Landgraver stated he understands the need to keep a finn number, especially since it is already over, unless there is a compelling reason. Gaffron stated the patio at the lake is approximately 75 square feet and that the stone patio is probably double or triple that. Gaffron stated it appears the stone patio is approximately 15' x 13'. Mack asked if Staff could explain the difference between pervious and impervious and whether there would be some potential credit given for the stone patio . Curtis stated if the applicants were to remove the stone patio, Staff would allow for a 100 square foot credit. Schoenzeit stated as long as it is under six feet in height. Leskinen stated the Planning Commission is more struggling with the structural coverage than hardcover . Schoenzeit stated he would agree the upper addition is in character and that it would be difficult to construct it less than the wall from a construction technique standpoint. Leskinen stated she does not want to get into redesigning the deck, but that an area of compromise could be reducing the size of the deck. Leskinen stated she is still struggling with the structural coverage. Curtis noted the applicants have offered to remove the wood landing and stairs on the south side of the house, which is approximately 61 square feet, and that they could also reduce the size of the deck to help reduce the overage. Leskinen indicated she would be open to that. Leskinen stated she understands the applicants' position and that there are some good points for having a deck on the lakeside of the house, but that she does not want to create something that opens the door for increasing structural coverage on other lots. Thiesse stated there is no sense in giving them a deck that is not useable and that the wood stairs and landing is pretty much the only thing that can be removed. Leskinen stated it should be a functioning deck but that the proposed 15' x 16 ' deck is substantial. Schoenzeit asked if the deck is approved as shown, whether the next property owner would be allowed to put a second story over it. Curtis stated there is no lake setback or average lakeshore setback issue with the deck and that they could certainly screen it in. Curtis stated the Planning Commission would have the ability to place some limitations on it as well to lessen the impact of the structure. Marquardt pointed out the hex-shaped area is currently a screened-in porch which serves as a sunroom . Marquardt stated it is unlikely any subsequent property owner would screen this deck in since it is adjacent to the sunroom. Marquardt stated the house was there with the existing footprint prior to the ordinances being enacted and that the house has always been over in structural coverage. Page 11 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Leskinen stated the challenge of the Planning Commission is to look into the future and envision what could possibly be done to the property. Marquardt requested the Planning Commission consider a 12-foot deck. Thiesse stated his concern with that is that it would result in a 9-foot deck with a 3-foot stairway, which is fairly small. Olson asked if the Planning Commission needs to make up 288 square feet or 783 square feet. Olson asked what square footage the Planning Commission is looking at for compliance. Curtis stated any increase in structural coverage would be up to the Planning Commission. Thiesse stated he is somewhat conflicted with structural coverage and pointed out that the applicants would actually be intensifying the structural coverage by putting the upper addition on, which the Planning Commission is fine with. Thiesse stated on the other hand, the Planning Commission is worried about adding a deck. Thiesse stated in his view this is a special case and that the deck fits in that area. Thiesse stated they are not taking a deck and spreading it out over an area but that there is a spot for it. Schoenzeit stated the flip side is the code allows the second story, which would add to the massing on the lot. Thiesse stated the Planning Commission could also deny the portions that do not meet the setback. Thiesse stated the addition will make the house appear substantially larger looking at it from the side and that the deck will hardly be noticeable. Thiesse stated the stairs are three feet wide and would be nestled into the deck. The landing for the deck is also right next to the house. Thiesse stated the stairs will be there even if the deck is pulled in or pushed out. Schoenzeit stated there is some sense to that but that he is not sure the Planning Commission can use that as the rational for not setting a precedent. Leskinen asked what conditions the Planning Commission could recommend for the deck. Cutis stated the Planning Commission could prohibit enclosing the deck or making it a heated living space. Thiesse indicated he would be agreeable to that. Landgraver stated simply because something fits in an area should not be a basis for approving it. Landgraver stated in his view there should be a practical difficulty inherent to the property. Leskinen stated this is a lakeshore lot and that it would be nice to sit outside and view the lake, which tips the balance ever so slightly in her mind. Leskinen stated she would like the property owners to be able to enjoy their property as they see fit. Page 12 of 23 . ' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.rn. Schoenzeit noted the City has talked about calculations and allowing a minimum two-car garage for properties that are over on structural or hardcover limits . Schoenzeit asked whether the City has had a similar discussion relating to decks. Curtis stated a 100-foot deck was deemed acceptable in those situations as it relates to hardcover but not structural coverage. Schoenzeit noted the deck would add 288 square feet and that the numbers apparently did not work the first time around, which is why it was not constructed originally. Leskinen asked if the patio is accessible from the lakeside. Marquardt stated it is and that they did not propose a deck in the original 2001 application. Schoenzeit stated if this is approved , the City's structural coverage limit will be loosened , which is the main sticking point on this application. Thiesse stated he will not argue with that, but that if the Planning Commission is going to stick absolutely with the 15 percent structural coverage limit or other limits , there is no need for the Planning Commission . Olson stated he is in agreement that it needs to be decided on a case-by-case basis and that the Planning Commission cannot just worry about what will happen in the future . Olson stated this is a lake lot and that a deck fits the character of the house. Olson stated in his view there needs to be special consideration given to that and that it is not always black and white. Landgraver stated there appears to be unanimous agreement on the second story and that perhaps that portion of the application could be approved . Schoenzeit moved, Landgraver seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to recommend approval of the side setback and rear variances to allow the addition of a second story within the existing house footprint subject to Staff conditions. Landgraver noted Staffs repott did mention screening , but that he is not sure how there could be any screening given the small area. Schoenzeit noted it is 2 .7 feet. Schoenzeit moved, Landgraver seconded, Application No. 14-3697, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road to recommend approval of the side setback and rear variances to allow the addition of a second story within the existing house footprint subject to Staff conditions with the exception of screening. VOTE: Ayes 5, Nays 0. Leskinen stated she would be agreeable with the deck on the condition that the wood steps and landing be removed and with the condition that the new portion of the deck cannot be enclosed or made to be a livable structure now or in the future . Page 13 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 17, 2014 7:00 o'clock p.m. Thiesse asked whether that would allow them to maintain the deck if it cannot be improved beyond what it is. Gaffron stated one of the things Staff typically does is to say that what is depicted on the plans is approved and anything beyond that needs to be approved. Gaffron stated that would preclude them from putting a story above it, which is where the greatest impact on structural coverage would be. Curtis asked if that would also preclude them from screening it in. Thiesse stated that would be an improvement the deck. Gaffron stated they would not be able to add above it or enclose it. Leskinen stated in her view the stone patio should also not be allowed to remain. Thiesse noted it would be difficult to grow grass in that area or maintain it. Leskinen stated she concurs with that and that it would likely become muddy without the stone patio. Thiesse moved, Schoenzeit seconded, Application No. 14-3697, Gary and Joan Marquardt, 2617 Casco Point Road, to recommend approval of the deck as proposed, with no additions or enclosures above or below the deck, subject to removal of the wood steps and landing on the south side of the house. VOTE: Ayes 4, Nays 1, Landgraver opposed. #14-3698 SHARRATT DESIGN COMPANY ON BEHALF OF JAY HULBERT OINT ROAD, VARIANCES, 8:07 P.M. -8:14 P.M. Curtis stated this prope · located in the LR-lC zoning district, which ires a structural setback of 10 feet from the side propert" ·ne. The applicant is requesting a si tback variance to permit a portion of the proposed addition to be si · ed as closed as 8.5 feet fro south property line. The home addition is proposed to replace existing u level deck. The property line angles away from the home as it nears the lake. Therefoi, nly roximately 15 feet of the 40-foot addition requires a setback variance to maintain consistency wi __,,southern line of the existing home. The applicant's proposal results in hardcover over what is e · mg. · ' wever, because the property currently exceeds the Tier One 25 percent limitation and beca the proposal~ ,,. olves new structural hardcover consisting of a stairway, a variance is required tor ce the hardcover leve ,om 34.26 percent to 33.65 percent. The lakeward portion of the existing k encroaches up to three fe€ ·,,,,to the side setback and the applicant is proposing to correct this non formity with the addition. Currentfi -,,,) 34.26 percent the property does exceed the hardcover lim· ion. The applicant's plan provides for a 11""' uare foot reduction in ·~ hardcover. ~~ ¾ Staff finds that • applicant proposes to use the subject property in a reasonable ili ·. er. The proposed addition to ome located 8.5 feet from the side lot line does not expand the existili onconforming setback o e existing home and does not appear to alter the essential character of the ~e borhood. The ature of the subject property creates a practical difficulty for the property owner. Page 14 of 23 PC notes Subject: ·:?Jo~JD8:)G1Yhvt.,0 l:!ci(Q\ ~ . 1'7~u1. ~ If;, wvi~ #14-3697, Gary & J~rquardt, 2617 Casco Point Rd ..___ / Variances: Side Setback, Structural Coverage & Hardcover Background ~ i~ In 2001 variances were granted to allow additions to the home on,_ property which allowed for the construction of the attached garage and a second story resulting in the existing setbacks of 29.9 feet at the rear and 6 feet from the side for the garage; the house setback of 2.7 feet previously existed. The property is located in the LR-1C zoning district which requires 10-foot side and 30-foot rear setbacks. The applicants are requesting side and rear setback variances to allow a second story addition over a portion of the garage and lake side of the home. The request also includes structural coverage and hardcover variances to allow 19.5% structural coverage and 28.8% hardcover to accommodate a new lakeside deck. Side Setback Variances As a result of the 2001 variances the additions were constructed. According to the survey, the garage was constructed 29.9 feet from the rear. The applicants are proposing to construct additions to the home which include a new 2nd story master suite on the lake side, and a 2nd story storage room over a portion of the attached garage. The proposal requires approval of a portion of the new second story to encroach into the 10' side yard setback for approximately 10 feet of length for the master bedroom expansion as well as additional roof structure and additional massing within the substandard side and rear setback areas for the 2nd story over the garage. With 27% hardcover today, the property exceeds the 25% hardcover level permitted on a Tier 1 property. The current hardcover level is also 494 square feet over the 2001 variance approved level. The applicants are requesting approval for 374 more square feet of hardcover (or 777 square feet over the 2001 variance approved level. Additionally in 2001, a structural coverage variance was granted resulting in an allowed 2,961 square feet (16.9%) of structural coverage for the property. At that time, the lot area was calculated at 17,467 square feet. Today's surveyed lot area is lower at 16,994 square feet, putting the 2001 approved structural coverage percentage as 17.4% based on the current lot area calculation. The property currently exceeds the 2001 approved level by 72 square feet; the applicants are asking for an additional 288 square feet above the approved level or 19.5% based on today's lot area calculation. Staff finds that the proposed additions to second floor may be reasonable considering the limited perceived impact to the adjacent properties as well as the difficulty regarding the location of the existing home. However, staff finds the request to increase both structure and hardcover above the allowed and previous variance approved levels is not reasonable. The proposed structural addition to the home for the deck increases the existing nonconforming structure and hardcover levels on the property, is not consistent with the spirit and intent of the zoning ordinance and may alter the essential character of the neighborhood. Staff has not identified a practical difficulty inherent to the property which supports granting hardcover or structural coverage variances. Issues for Consideration FILE# 14-3697 13 Nov 2014 Page 2 of 2 1. Does the Planning Commission find that that the property owner proposes to use the subject property in a reasonable manner which is not permitted by an official control? Are the hardcover and structural coverage levels proposed reasonable? 2. Does the Planning Commission find that the variances, if granted, will alter the essential character of the neighborhood? 3. If the Planning Commission finds practical difficulties exist to support granting of the requested variances, would it be necessary to impose conditions in order to mitigate impacts created by the granting of the requested variances? 4. Are there any other issues or concerns with this application? Planning Staff recommends approval of a side setback variance allowing for the construction of the second story improvements to the home conditioned upon screening from neighboring properties as the Planning Commission deems appropriate and feasible. Additionally, the additions must conform to the standard height and massing requirements of the zoning code. However staff finds no practical difficulties exist which support the hardcover or structural coverage variances, therefore these requested variances should be denied. ~~ ~{1 UM uht-~ pV .&£ iUct"atl 0V] 10V1A \l-U/o~ll ___, N t,tqf,'I Ws .,, ·PM rr j ,;Uff M--adMh m1.i CITY OF ORONO pr 70X66 Ci-, STAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED #14-3697 NIXIE 38 20-117-2324003\_ MARILYN B THORNE \016 PARK PLACE . ___ , .,..~ ,11 r c; 'hAN °'°'137 553 FE 1 .RETURN TO SENDER 0011/12/14 'NOT DELTVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 55323006666 *:Z878-02286-1Z-3l. hi Ii ii Iii i iii! i Ii l j i Iii l l1 l ! q 11 i Ip! 'I \I Ip I j ! ! ! ii!! I!!_! ii! I d1 CITY OF ORONO P() 90X 66 I C1 .ff AL BAY, MN 55323-0066 RETURN SERVICE REQUESTED ::_ #14-3697 ESSEN 38 20-117-23 24 0039 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZAT1\ MN 55391 T 553 HFE 1 A:1.4CBB11/lB/14 RETURN TO SENDER TEMPORARILY AWAY RETURN TO SENDER .BC: 55323006666 *0878-00097-10-40 l1ll1ll1l1111111!1l11lllilllll1l11lll1lll!1!1!1ll!11l111111lll1t1 CITY OF ORONO PO BOX 66 C'"'VSTAL BAY, MN 55323-0066 RETURN SERVICE REQUESTED ( #14-3697 I\IIXIE 38 20-117-23 21 0035 PA TRICK FITZGERALD 9509 PHEASANT CROSSING ~T RONIFACIUS MN 55375 553. DE 1 RE TU R. N T.O SE ND ER 0011./11/14 UNABLE TO FORWARD sc: 553230066:6'6 *287-8-0'81.-€15-1.1.-3-S 11111llll11IIJll11li1ljll1!11l1lljll1ll11l1ll1111llll111lJlllll'.1 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #14 -3697 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this ih day of November, 2014. '1{J~Q . ~ Moica A. Fadness CITY OF ORONO I 2750 Kelley Parkway, P.O . Box bt:i Crystal Bay, MN 55323 Phone (952) 249 -4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, November 17, 2014, beginning at 6 :30 p.m. on the matter of reviewing the following land use applications and vacation requests: 14-3696 14-3697 14-3698 14-3699 14-3700 Sven Gustafson, on behalf of Tashitaa Tufaa, 1830 Shoreline Drive, LR -1A zoning district requests a side st reet setback variance to allow a new home to be constructed 30' from the side street where a 50 ' setback is required; a fence height variance to permit a fence 6' in height within a required street yard and within the average lakeshore setback where a 42 " tall fence is normally allowed ; and a conditional use permit to allow grading to create a walk-out on the lakeside of the proposed home defined as "unusual grading " requiring Council approval. Gary and Joan Marquardt , 2617 Casco Point Road, LR-1C zoning district, request approval of structural coverage, hardcover, rear and side setback variances in order to permit construction of a lakeside deck, a second story addition over a portion of the home and an expansion of the roof over the exist ing home . Sharratt Design Company, on behalf of Jay Hulbert, 3035 Casco Point Road , LR-1 C zoning district , requests a hardcover variance on a Tier 1 property in order to permit construction of a new screen porch and living space resulting in 33 .6% hardcover where 34 .26% currently exists and 25% is normally allowed . Peter Johnson on behalf of WJM Propert ies, LLC , 2605 Wayzata Boulevard West, Industrial zoning district, requests commercial site plan approval in order to construct an approximate 29 ,000 sq . ft. addition to the existing main building . Previous (now expired) approvals contemplated a 26 ,000 sq . ft. addit ion . City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for small wind energy conversion systems (SWECS). All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by November 12 , 2014 if possible . Interested persons may review the applications at City offices . For an appointment, please call (952) 249-4620. City of Orono By : Planning Comm ission Community Development Director To be published in The Laker & The Pioneer Newspapers on November 1, 2014 . Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 10/09/2014 38 20-117-23 21 0031 ELLEN M WELLS 2565 DUNWOODY A VE ELLEN M WELLS PO BOX 351 WAYZATA MN 55391 38 20-117-23 21 0032 WENDY W DANKEY TRUSTEE 2599 CASCO POINT RD WENDY W DANKEY 2599 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 21 0035 P D & P Z FITZGERALD 2598 CASCO POINT RD PATRICK FITZGERALD 9509 PHEASANT CROSSING ST BONIFACIUS MN 55375 38 20-117-23 24 0030 N J GREENE & A K GREENE 2645 CASCO POINT RD HENi NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 24 0031 MARILYN B THORNE 2635 CASCO POINT RD MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 T P KUBALAK & PM KUBALAK 2623 CASCO POINT RD THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0035 G L MARQUARDT/J M MARQUARDT 2617 CASCO POINT RD GARY L & JOAN M MARQUARDT 2617 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0036 BRUCE J HEDBLOM ET AL 2601 CASCO POINT RD BRUCE J HEDBLOM AND CAROL J CL!NE-HEDBLOM 2601 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0038 E J VOGSTROM & EA VOGSTROM 26 I 8 CASCO POINT RD ERIC J VOGSTROM ELIZABETH A VOGSTROM 26 I 8 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0039 J W & BJ ESSEN 2648 CASCO POINT RD JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 .'< COUNTY PROPERTY INFORMATION SYSTEM (PRO, Y OWNERS LIST) PAGE: I 38 20-117-23 24 0042 PAUL J & MARYE KASTER 38 ADDRESS UNASSIGNED PAUL J KASTER 2600 CASCO POINT RD WAYZATAMN 55391 RECEfVED OCT 162014 ClTY OF ORONO .. !l,P,,, 3 ~~ q-,; tr v, 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND T UE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON TH TY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT. DATE: 10/9 /1U BY: -::::J.~~~"4Lf..4.~~------' r +- OCT 16 2014 Cf1Y OF ORO~~O AFFIDAVIT OF PUBLICATIOi~ STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlene Vold being duly sworn on an oath , states or affirms that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica­ tion as a qualified newspaper as provided by Minn. Stat. §331A .02 , §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub­ li shed in said newspaper(s) for I succes­ sive issues; the first insertion being on 11/01/2014 and the last insertion being on 11/01/2014. By : Authorized Agent Subsc1ibed and sworn to or affirmed before me on 11/01/2014 . Ya.,~ ~ f\/\<M.,~I~ Notary Public Rate Information: (I) Lowest classified rate paid by commercial users for comparable space: $15.00 per column inch Ad ID 303726 CITY OF ORONO 2750 Kelley Parkway, P.O. Box66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Oro­ no Council Chambers at 2780 Kel­ ley Parkway on Monday, November 17, 2014, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests: 14-3696 Sven Gustafson, on behalf of Tashitaa Tufaa, 1830 Shoreline Drive, LR-1A zoning di s­ trict requests a side street setback variance to allow a new home to be constructed 30' from the side street where a 50' setback is required; a fence height variance to pennit a fence 6' in height within a required street yard and within the average lakeshore setback where a 42" tall fence is nonnally allowed; and a conditional use permit to allow grading to create a walk-out on the lakeside of the proposed home de­ fined as "unusual grading" requiring Council approval. 14-3697 Gary and Joan Mar­ quardt, 2617 Casco Point Road , LR- 1 C zoning district, request approval of structural coverage, hardcover, rear and side setback variances in order to permit construction of a lakeside deck, a second story addi­ tion over a portion of the home and an expansion of the roof over the existing home. 14-3698 Sharratt Design Com­ pany, on behalf of Jay Hulbert, 3035 Casco Point Road, LR-1C zoning district, requests a hardcover vari­ ance on a Tier 1 property in order to permit construction of a new screen porch and living space resulting in 33.6% hardcover where 34.26% currently exists and 25% is normally allowed. 14-3699 Peter Johnson on be­ half of WJM Properties, LLC, 2605 Wayzata Boulevard West, Industrial zoning district, requests commer­ cial site plan approval in order to construct an approximate 29 ,000 sq. ft . addition to the existing main building. Previous (now expired) ap­ provals contemplated a 26,000 sq. ft. addition. 14-3700 City of Orono proposes amendments to Orono Zoning Code Chapter 78 regarding provisions and standards for small wind energy conversion systems (SWECS}. All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are ac­ cepted and should be submitted to the City of Orono by November 12, 2014 if possible . Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Andrew Mack Community Development Director To be published in , , ·" Laker & The Pioneer Newspapers on November 1, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 11/1/14, 3LK, 3TP, PHN Land Use Applications, 303726 CITY OF ORONO VARIANCE APPLICATION Street Address : 2750 Kelley Parkway Orono, MN 55356 Main : 952 -249 -4600 fa x: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# /¥-3/,o11, Date Received: / t) · /p -1 If Staff: M, {!, Fee : _,$'-'-7.,_00..........__..Jdc. __ L.,.._ __ _ Renewal: $350 J[ After-the-fact: $1,400 Double Fee Escrow Fee: $7Qft.C$2 ,5__QQ,)~ 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: Site Address: -Z,,,G( 7 C~s C-6 {) ~/ (J_, ~ ~ Property Identification Number (PIN): 2-0-1(7 -2--3 -z..f--003:t:: Date Property Acquired (month/year): o CC -1'1!3 s::: □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: (q<A '4..y AtJJb ,)'.(')AJ !AA~QliAR.-l:>l Phone: tts:: 2--'t'Z ( -o q,-7 ~ Alternate Phone: t:6 (2, 71 er r V i-6 CompleteAddress: 1---c:r7 CA (,c o -&>/1 i: ~,s:J City, _state & ~IP lh--:'.A:y:? A:r--#1 II\ M .-s51 q/ Email: j D f:,,.q) r MAtl {ed/\A-'tn-@c;MA<k r c cai Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name : G; A~Y fidJ b J b aj MA IJ QOP.'~h1 Phone 1S1--*'71 _ 0 ~ _ Alternate Phone: 6/'?,, 7 {1 9?Jf' Complete Address: ?--i ;i CA.s co pf); /1tf {l.(5 ~1> City, State & ZIP w ~ '{-~)::.A , 1:=A A) , 5 t ')? 21 Email: JD A cl , t\/1 ,A 4 ~Jf¼(Lbi-&:Jl.M 14 ft_= C ;;i=ax: __________ _ DESCRIPTION OF REQUEST: Describe the request in detail ( attach additional sheets if necessary): ~ 'J t ,Ike 'r c:s ~l>i> /:::,. 1/(H(O '.ZIO U\ O'(JJ rte 2-tJJ., Pnt:4 -l o r-: A $r:v '1'-A-w._ ~ UA ti<Ntl.._ ~~ 1 @rtL @:(;.e A:-fV .b f"'7-A 5 l{AA c,.,,<---p Q..C-K erA,I t'~ ?z4.(4_ S r CJ ~ ~~ ~ e f+cuS"-.Q , Packet Last Updated: March 2014 Page11of # 3 6 97 REC EIVED OCT 16 2014 CITY O F ORONO REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. N9t: " . ' ~ . •: ',J' · .Enclosed : Applicable JS-. □ Variance Application Fee ,igl,_ □. · EscrowAareemerit; sianed andFee.·. . . .IL □. •. Pre-Aoolication Form lj-□ · Variance APPiication Form •· ... KL □ Practical Difficulties Form JZJ.c □ .. · Certified Property Owners List ~ □ Survey (meetinQ ALL requirements) '];2F □ . , Proposed Plans .. · 6i.L □ Hardcover Calculations □ .. Ilk Seo.tic System Site·Evaluation Reoort . □ ~-Minnehaha Creek Watershed District (MCWD) Permit or Documentation from MCWD statinQ no permit is required Ji!~ . □ Adiacent:Prcipertv Owners Acknowledciement· P21-□ Data Privacy Advisory Form APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are 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. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and . advise the City Planner assigned to y~~~r project. /: r/ Applicant's Signature: •·-~--, : ., · _ Date: 7 Applicant's Signature: Owner's Signature: Owner's Signature: Packet Last Updated: March 2014 I /f/ ,! Page 12 of 27 3697 OCT 16 2014 I , City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting .) For Office Use Only: City Planner: Meeting Date/Time: PC Date: ____________ _ Met with: 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: Site Address: J.-6 17 ~(LJ {)tJ (}.(t!c&IJAJ;/ Property Identification Number (PIN): ~ a -I l 7 -2,--3 -~~--60 3S:: Zoning District: ______ Size of roperty: It_ j ,5 ,< '2.--z.-o )(b 60 )( l--~o DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover {Tier _) □ Lot Coverage □ Lot Area □ Lot Width □ Other: Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time -not covered in Owner's initial application fee, as well as provide an escrow in the amount of Initials: $ to guarantee payment of the above. *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be complet d by City ff. Date: Owner Signature: ...p.~..&.14.--.A~',4L/,~'l,l:.====-............ .....,o,:--: Date: IVED Page 0~T2716 2014 CITY O F ORONO ·1w z_,LJu:i(c'f? 7 l,?~lf # 3697 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", 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 Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. C.drtL First Y vee Middle Last 1Ao('1 Address City State Zip Packet Last Updated: March 2014 Page 13 of 27 # 3697 Phone RECEIVED OCT 16 2014 CITY OF O R O NO Easy Peel@ Labels Use Avery®Template 5160® 38 20-117-23210031 ELLEN M WELLS PO BOX351 WAYZATAMN 55391 38 20-117-23 21 0032 WENDY W DANKEY 2599 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 21 0035 PA TRICK FITZGERALD 9509 PHEASANT CROSSING ST BONIFACIUS MN 55375 38 20-117-23 24 0030 NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 240031 MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-I 17-23 24 0032 THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 240035 GARY L & JOAN M MARQUARDT 2617 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0036 BRUCE J HEDBLOM AND CAROLJ CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-117 -23 24 0038 ERIC J VOGSTROM ELIZABETH A VOGSTROM 2618 CASCO POINT RD WAYZATAMN 55391 38 20-117 -23 24 0039 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATAMN 55391 ~tlquettes fadles a peler Utilisez le gabarit AVERY® 5160® i I j A -Bend along line to i Feed Paper -expose Pop-up Edge™ .J 38 20-1 I 7-23 24 0042 PAUL J KASTER 2600 CASCO POINT RD WAYZATAMN 55391 A. RE.CEIVED OCT 16 2014 ClTY OF ORONO Sens de charaement Replie:.: a la hachure afin de l reveler le rebord Pop-up™ l I AVERY® 5960™ I J.. # 3697 www.avery.com 1-800-GO-AVERY I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND T UE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON TH DATE: to /1 // L/ sY: ~,,,:L:L&:~~~~~Q... _____ _ I I I RECEI V[n OCT 16 2014 .CITY OF ORONO # 3697 ., Provided By: Resident and Real Estate Services H Hennepin County Identify & Notify Receipt Print Date Thu Oct 09 14:10:39 2014 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name: TOTAL COST: $25.00 Contact Person: Gary Marquardt Subject Property Address : , Comments: Buffer Distance: 150 feet Mail Label Count: 11 38 20-117-23 21 0031 38 20-117-23 21 0032 38 20-117-23 21 0035 38 20-117-23 24 0030 38 20 -117-23 24 0031 38 20-117-23 24 0032 38 20-117-23 24 0035 38 20-117-23 24 0036 38 20 -117-23 24 0038 38 20-117-23 24 0039 38 20-117-23 24 0042 RECEIVED OCT 16 2014 CITY O F ORON O # 3697 11 .j\l-[o. 1-\ t, A cJ[. t--A <o o < { t t,~ v- ' 1----0 /,,, I (02__ 9'5~;2 I 0 ·7 0 --- -7 2014 F ORONO