Loading...
HomeMy WebLinkAboutProject Packet2335 Highway 36 W St. Pa ul , MN 55113 Te l 651-636-4600 Fax651-636-131 1 www.bon estroo.com ♦eonestroo May 30, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Bo x 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No . 000139-08000-1 Plat No . 08-3367 Dear Evelyn : We have reviewed the proposed grading plan fo r 2623 Casco Point Road dated 5-21-08 . The plans propose to construct a new single family home. We have the following comments with regards to engineering matters: • The proposed retaining wall located on the north side of the house differs between the site plan and the house plans . One plan should be revised to reflect the correct information . If the proposed wall is going to be greater than 4 feet in height, engineered design drawings will need to be provided for review . • The building plans show a walkout door at 942 .2 on the north side of the proposed home . The grading plan shows that this elevation should be at least 944 .5. Positive drainage will need to be maintained away from walk out door area. • The existing and proposed sewer and water services are not shown on the plans . The location of these services should be included in the plans . If you have any question s, please call me at (651) 604-4894. You rs very truly, 0 -~ Dar ren Amundsen Cc: Tom Kellogg 2335 Highway 36 W St Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 7, 2008 Ms. Evelyn Turner Planner ♦eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the proposed grading plan for 2623 Casco Point Road dated 9-29-08. The plans propose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • The proposed 942 contour to the west of the house crosses the 940 contour line. The grading should be revised in this area. The maximum allowable slope is 3: 1. • Plans should be revised along the south property line in the area of the 942 contour to show a maximum slope of 3: 1. • More information, such as spot elevations, should be provided along the proposed driveway to indicate how it will drain. • Engineered design drawings will need to be provided for review for all retaining walls over 4 feet in height. In this case, any loading issues with the storm sewer passing under or through the retaining wall should be addressed. • The proposed catch basin type, pipe size, material, slope, end treatment, and invert elevations should be provided for the storm sewer. Storm sewer calculations should be submitted for review showing the system's ability to adequately protect the home from flooding. • The plan should indicate some form of energy dissipation to be used at the outlet of the storm sewer on the lake side of the house. • The MH shown near the driveway should be identified and any inlets and outlets should be shown on the plans, along with elevations. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 22, 2008 Ms. Evelyn Turner Planner ♦eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the revised grading plan for 2623 Casco Point Road dated 10-16-08. The plans propose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • The plan proposes to place approximately 35 CY of fill within the 0-75' setback. This can be minimized by eliminating the flat area off the patio on the west side of the house. • There should be a proposed 952 contour crossing the driveway. • Proposed 951 contours are missing on the east edge of the house/garage. • The MH shown near the driveway should be identified and any inlets and outlets should be shown on the plans, along with elevations. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 27, 2008 Ms. Evelyn Turner Planner ♦eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the revised grading plan for 2623 Casco Point Road dated 10-22-08. The plans propose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • All of our previous comments have been addressed and the plans are acceptable from an engineering standpoint. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg Memo To: Finance Department From: Christine Mattson, Planning Assistant Date: 5/9/2011 Re: Variance Escrow Refund Planning & Zoning Department Variance 08-3367 pertaining to 2623 Casco Point Road is complete. The Applicant, Pat Kubalak, has requested a refund of the variance escrow. The following is attached: • Escrow Refund Request • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received z:\forms\zoning standard forms\escrow agreement standard forms\escrow refund memo template.docx Christine Mattson From: Sent: To: Subject: Hi Chris, Pat Kubalak [Pat.Kubalak@wayzata.k12.mn.us] Monday, May 09, 2011 10:45 AM Christine Mattson Refund Our project of house re-build on 2623 Casco Point Road is complete. I would like to request that our Escrow monies be refunded. Thanks for your help! <Pat 1(u6aCaft Pinance<Tecfi Wayzata Pu6flc Scfioofs 763-745-5029 1 APPLICATION ESCROW AGREEMENT Zoning Application #08-:33 Co J RECEIVED MAY 2 1 2008 CITY OF ORONO AGREEMENT made this &O day of _fvl...._AfA"'"-t"---,,.• 200~, ~y cjnd betwe~n, the CITY OF ORONO, a Minnesota municipal corporation ("City") and'___) fa.+ r I ffft( ~ l:U /2c; /q, I< [a corporation -optiona~ ("Applicant"). Recitals 1. Applicant has filed Zoping Application #08-35 lo] formally requesting the City to review plansfor tA:r/A'VlC-e..,$ TO build 01?.h..J DQ.l$L located at ? '2 z 3 (!#5co Pf , 1::.o ;a the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. 2. Applicant requests the City to review said plans which requires City approval including 1/ Av le&! CQ__~ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $ 4S 00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the A(:)plicant, reviewing the plans; and preparing agenda packet material for City Council review of application #08--~3 fo J . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. · 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. CITY: fi.:r~ 9F ORONO (7 By: t1ml A Ox:- ( i ~ ' Its: f\ \-..Jer/,,0 t,L _;,. ... Y, n .. c...Ao .- APPLICANT/ OWNER: By: ~/ 11)1.J!U-/Jr.A Its: ____________ _ -10 -#3367 Date Meet with Staff: Date Application Completed: 60 Day Deadline: Date Incomplete Notic~ Sent: CC/IM pau t1ona.. Copy of Application Sent to: ~ Engineer on ~00 DNRon ___ _ LMCD on --- Date Property Owners Notified: Date Legal Notice Published: PC Meeting(~} /,z_, / / O fj ~ /t 'o 70~ Notice of PC Action: City Council Meeting(s): Jl?ll ___ County on __ _ __ MCWDon J/t0/08 Vote: Vote: Vote: 911~/08 JO/ (3 /68 ' Vote: /0 /z_rrl /08' ; I Vote: Vote: f ch<-e. Notice of Council Action: /0/28/08 Resolution: City of Ororici P.O. Box 66 Cristal Bay, MN 55323 (9,.,2i249-46Cl0 05/21/08 Customer: NONE LAND USE APPLICATiON 1@ 600.00 ESCROW DEPOSITS 1 I] 2500, 00 2623 CASCO PT RD 08-3367 SUBTOTAL TAX TOTAL SALE Check Received CHANGE iO: 11 :41 600.00 2500.00 3, i(l(l.00 0.00 3t 100. (l(l J100.00 0.00 CLERK# 03 TRANS# 32891 Date Application Completed: 60 Day Deadline: Date Incomplete Notice Sent: CO'VJt pCR.l.L nol-r.a.. Copy of Application Sent to: _JL.. Engineer on -b/J/00 DNRon __ _ ___ County on __ _ __ MCWDon LMCDon __ _ Date Property Owners Notified: Date Legal Notice Published: 7/t0/08 PC Meeting(~/ ft., { / O /j '8 /t'6 ';oe; Vote: Vote: Vote: Notice of PC Action: q;r~/o& City Council Meeting(s): /0/ ('5 /68 . Vote: /0 /2-rfi /Of:;, r I Vote: Vote: Notice of Council Action: {0/28/08 Resolution: City of Orono P.O. Box 6& Cristal Bay1 MN 55323 (9;:;2)249-41:.U0 05/21/08 10:11:41 Customer: NONE LAND USE APPLICATION 1@ 600.00 600.00 ESCROW DEPOSITS 1@ 2500.00 2500.00 2623 CASCO PT RD 08-3367 SUBTOTAL TAX TOTAL SALE Check Received CHANGE CLERKi 03 TRAN~ 32891 3,100.00 0.00 3. 100. 00 3100.00 0.00 ···=---·-~· Checklist for Refunding Variance / Land Use Escrow Variance # or -!>3W 7 Street Address: 21o7-!J Qls(Q) ··Vt-· ~ Applicant Name: ~ ~Ycrl:nLJk \(Ub(tl[LJ(_ ~scrow request received Date: ~ -q-11 l}---1s the resolution signed? e No I o-2,.. l -Df Nk □ As-built survey? Yes No Approved: (\] ()t teJ'.j!.Lf llii @. \JW-11~ Email CK & Bonestroo to see if there is any unbilled WIP. Date email sent: NOOL., C,--;+;--+-'Prepare memo for Finance Department Peter Zimmerman to note in spreadsheet titled 'DevDeposits201 O.xlsx' refund was made. z:\forms\zoning standard forms\checklist for refunding variance escrows.doc December 23, 2010 May 30, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com #eonestroo We have reviewed the proposed grading plan for 2623 Casco Point Road dated 5-21-08. The plans propose to construct a new single family home. We have the following comments with regards to engineering matters: • The proposed retaining wall located on the north side of the house differs between the site plan and the house plans. One plan should be revised to reflect the correct information. If the proposed wall is going to be greater than 4 feet in height, engineered design drawings will need to be provided for review. • The building plans show a walkout door at 942.2 on the north side of the proposed home. The grading plan shows that this elevation should be at least 944. 5. Positive drainage will need to be maintained away from walk out door area. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg Christine Mattson From: Sent: Amundsen , Darren T [Darren .Amundsen@bonestroo .com] Monday , March 30 , 2009 4 :22 PM To: Christine Mattson Cc: Tom Kellogg ; Evelyn M . Turner Subject: RE: 2623 Casco Piont Road (08-3367) Just those four reports for the project, and the $1000 is for the last three reports only. Darren Amundsen, PE Associate Tel 651-604-4894 Cell 651-775-5623 darren.amundsen@bonestroo .com #'Bonestroo From: Christine Mattson [mailto :CMattson@ci.orono .mn.us] Sent: Monday, March 23, 2009 3:06 PM To: Amundsen, Darren T Cc: Kellogg, Tom P; Evelyn M. Turner Subject: 2623 Casco Piont Road (08-3367) Hello Darren , The Kubalak 's are questioning their last $1 ,000 bill for consulting engineer charges . Our files show four reports from Bonestroo : May 30 , 2008 , October 7, 22 & 27 , 2009 . Were there any more than that? Thanks ! Ch risti ne Matt.SO/I!, Planning Assistant City of Orono 952 .249.4620 -Planning & Zoning 952 .249.4600 -Main 952 .249.4616 -Fax www.ci.o rono .mn .us Office Hours : Monday -Friday 8:00 am to 4 :30 pm Physical Address: 2750 Kelley Parkway Orono , MN 55356 Mailing Address: PO Box 66 Crystal Bay , MN 55323-0066 1 Legend WTR-­ --SAN --OE-- 0 ◊ 0 GIIl 0 x900.0 ..--soo­ x900.0TC x900.0TW x900.0'i_ Underground Woter Underground Sanitary Sewer Overhead Electric Manhole Hydrant Power Pole Concrete Concrete Curb Deciduous Tree Grovel w/Poly Under laminate Existing Spot Elevation Existing Contour Top of Curb Spot Elevation Top of Retaining Woll Elevation Centerline of Street Elevation • Denotes Iron Monument Found o Denotes Iron Monument Set __ -900--Proposed Contours (900) Proposed El~v~tion ~ Drainage Arrow Silt Fence for Erosion Control LAKE MINNETONKA WATER ELEVATION = 928.7 APRIL 7, 2008 OHW = 929.4 PROPERTY DESCRIPTION: Lot 141, SPRING PARK, Hennepin County, Minnesota. SITE ADDRESS: 2623 Casco Pt. Road BENCHMARKS: Top Nut Hydrant @ End of Ivy Piece. Elevation = 935.67. Top Nut Hydrant @ Northeast property corner of lot 141. Elevation =-952.96. Total Storv Calculations Proposed House = 210'-0" Lineal Feet Lake Elevation = 40'-0" North Elevation = 21 ·-st South Elevation = 15'-3f Total 76'-11,r 36.7% of total < 50% = Not Considered o Story 2 Stories Totcl 167-08-B ref 5' -08 & %-08 928.7 fXISJ!NG AREAS: Total I 01 !Q OHW = 12 728 sf Exisling House = 1219 sf Existing Detached Garage = 677.4 sf Concrete Under Deck = 445 sf Concrete Drive and Walks = 1,677.5 Total = 4,018.9 sf = 31.5% STRLJCTlJRA1 COVERAGE Existing House = 2,341.4 = 18.4% OF TOTAL LOT AREA I OT 75' 250' ZONE -8078.3 sf Toto! Existing Hardcover = 4,018.9 sf = 49.7% 114/23 l J $ ;: .. .;, PROPOSED AREAS: Total Lot to OHW = 12,728 sf Proposed House "" 2.252.1 sf Including concrete under decks. Proposed Concrete Drive ond Walks = 1,107.6 sf Total = 3,359.7 sf "" 26.4% $JR! JCTlJRAI CO\/fRAGF Proposed House = 2,252.1 sf "'" 17.7% OF TOTAL LOT AREA I OT 75'-250' ZONE "" 8 078.3 sf Total Mordcover "' 3,359.7 = 41.6% LOT OHW TC 75' ?ON[ 4649.7 sf lmper-,ious Surfaces =-0.0% ~ -~I PROPOSED SITE PLAN WITH GARAGE AND CONCRETE RECONFIGURATION FOR: ~TOM KUBALAK #2617 f"RONT ENTRY= 950 I TOP OF GLOCK,. 949.o ):948.2 I f I I I I ------:--,,, ____ ! --......____ 1 Inch 10 Fl. ; I I p•~~ec1 •sa / ~ ~I I NOTES: * EXISTING HOUSE TO BE REMOVED * EXISTING GARAGE TO BE REMOVED * EXISTING CONCRETE TO BE REMOVED * EXISTING GRAVEL W/POLY TO BE REMOVED l hereby certify that this survey. site pion. or report wos prepared b; me or under my direct supervision and that , om a duly registered Land Surveyor under the lows of the State of Minnesotc Doted., ___ 1_0_-_22_-_2_00_8 ___ _ W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue So., Suite 228. Bloomington, MN 55425 Bcsc (952) 854-4055 Fox:: (952) 854-4268 rawl"'l: 167-08 !?ate: ; 0-2?-2008 Scale: 1 Inch -1 O rt. 1 Of / ' ! " y---..1 ,_ _ __.,.~ ~~1_r ,. L (I T I \-JI I \~ I i 7 2.Z I n ll'.-1._ \) 0: ,L ' '.,~ -··-J <.. ,s-¼ ----···- i ,, MINUTES OF THE ORONO CITY COUNCil, MEETING Monday, October 27, 2008 7:00 o'clock p.m. rs JACOBS MILL HOMEOWNERS ASSOCIATION -HIGHWAY 12 DISCUSSIO ,; Con in.J.!ed) Murphy ~'1:o his knowledge it will stop once the construction is :finished. schedule a meeting nd notify the various property owners. The City Council took no formal action on this item. // .,,/ /"' hy stated the City will ' L / PLANNING COMMISSION COMMENT -.. ,, PH KEMPF, REPRESENTATIVE ,,,., Kempf stated he had nothing to report bµ · . . / ,,✓·· PUBLIC COMME //. None _,,,,./' / ould be available~estions. . " ~~ ...... Z ~MINISTRATOR'S REPORT ' 6. #08-3367 TOM :AND PATTY KUBALAK, 2623 CASCO POINT ROAD -VARIANCES - RESOLUTION NO. 5782 Patty Kubalak, applicant, was present. Rahn moved, Murphy seconded, to adopt the resolution containing the revised language, RESOLUTION NO. 5782, a ·Resolution Granting Variances to Municipal Zoning Code Sections 78- 350, 78-1403, and 78-1288, 2623 Casco Point Road. VOTE: Ayes 5, Nays 0. 7--.---____ #08-3382 BOB RITTER ON BEHALF OF BERKSIDRE PARTNERS, LLP, 274~/· KELLE~PARKWAY -FINAL DEVELOPMENT PLAN APPROVAL-RESOLUTlj}N NO. 5783 "---, / Bob Ritter, Applicant, / McMillan suggested the language'0.e changed on page four of the d~1opment agreement to say that the trail will be installed_ when the ~uild~s~nstructed rather thJP.-th_e trail will be construc~ed at a . mutually agreeable time. McMillan expresse · concerns th H he trail would end up not bemg constructed later on down the road . · Mattick stated the language could read "The y-ai shall be ins aUed before the certificate of occupancy is issued." White noted the City is paying fo this trail and recommended that they obta ·1'1 the input of Staff for the best time in the budget 1/e?s'that the trail should be constructed. · Bremer asked w y.-t'fiel anguage was written as it was . PAGE6 oflO 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 22, 2008 Ms. Evelyn Turner Planner #'Bonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the revised grading plan for 2623 casco Point Road dated 10-16-08. The planspr;opose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • The plan proposes to place approximately 35 CY of fill within the 0-75' setback. This can be minimized by eliminating the flat area off the patio on the west side of the house. • There should be a proposed 952 contour crossing the driveway. • Proposed 951 contours are missing on the east edge of the house/garage. • The MH shown near the driveway should be identified and any inlets and outlets should be shown on the plans, along with elevations. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, ~-", ~ ~ ):.__j_ I . ~ Darren Amundsen Cc: Tom Kellogg MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. ~CD REPORT-ANDREW MCDERMOTT, REPRESENTATIVES / M1 rmott reported the LMCD did hold a public hearing for quiet waters off of Cedar Poi~~" Wayza Bay. The Charter: Boat Association requested the LMCD review this issue and t e LMCD, based on b-eir review of the issues, felt that it is likely a quiet waters area will bezesi ated given the amount of O at traffic in that area. The Hennepin Co ty Water Patrol reported that there are 20 special deputies, ]t in training this year, and that overall the ater Patrol donated over 4000 hours to patrolling the 1 es, with a majority of those hours being spen on Lake Minnetonka. Boating while intoxicated as up 87 percent over 2007, with a 50 percent increas i.n verbal warnings, and three flees. The num:oer of boat and snowmobile accidents, however, decrease . McDermott stated it was the feeling -1 the Water Patrol that the increase in the incidents was due to the -e of people utilizing the lake changing slightly due to the increase in gas prices and the fact that they ar ot aware that Lake Mir • is heavily patro11ed. . McDermott reported there have been a number of change n the rules regarding food preparation on charter boats and the weight allowed on a ch rter boat, w ich has resulted in fewer people being able to ride. In order to be profitable, 149 people are ede o make the charter boat viable and that the local charter is requesting they be allowed to increase , e oat size to 22 feet wide and 90 feet in length to allow for more passengers. Currently the size o he oat is limited to 20 feet in width and 70 feet in length. McDermott noted the size changes ~0uld only .pply to charter boats and not recreational boats. The LMCD has not formally agreedLthat the increase in si'z is necessary but that it is likely it will be approved in the near future. McDermott noted his appointment · up at the end of this year an whether his appointment w7 continued. PLANNING COMMISSION COMMENTS -LOREN SCHOENZEIT, REPRESENTATIVE Schoenzeit stzaed h !a'nothing to report but would be available for questions. PUBLIC C0 NTS / ONING ADMINISTRATOR'S REPORT 4. #08-3367 TOM & PATTY KUBALA , 2623 CASCO POINT ROAD -VARIAN CE Tom and Patty Kubalak, Applicants, were present. Turner stated the applicants are requesting the following: 1. To replace the detached garage with an attached garage, reducing structural coverage from 18.4 percent to 17.7 percent when the maximum allowed is 15 percent. PAGE 3 ofll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. (4. #08-336 7 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) 2. To add and remove hardcover within the 75-250 foot zone resulting in 41.6 percent hardcover when 49.7 percent exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10-foot setback from the north property line. 4. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10-foot setback from the north property line. The Planning Commission voted 4 to 2 to recommend approval of the variances. Planning Staff would recommend approval of the variances with incorporation of a rain garden and/or impervious paving materials once the grading issues have been resolved. Turner displayed the proposed layout of the house on the lot. Turner noted the applicants are proposing 3-foot wide steps and a 16-foot wide driveway down to the street without a tum-around. Kubalak stated they had initially purchased the house with the intent of remodeling, but that due to a number of nonconformities and safety issues, they felt it would be better to construct a new residence. Kubalak pointed out areas of poly and rock that would be eliminated as well as some concrete areas they would be willing to remove. Kubalak stated they would also be willing to eliminate a flight of steps going down to the lake and that the slab in the back is for a patio. In addition, they have reduced the driveway to 16 feet in width. Kubalak stated there are some hardships associated with the property, including safety issues in accessing the road given the current location of the garage . The neighbors are in support of the project and overall the project complements the neighborhood and improves the drainage on the lot. McMillan noted the minutes reflect that the applicant indicated at the Planning Commission meeting that the house is in a deteriorated condition and asked whether steps are being taken to shore up the structure. Kubalak stated they would reduce it down to the foundation and build it back up. Kubalak pointed out the current foundation has to be replaced as well but that they would be keeping the same footprint. Patty Kubalak stated the original house was destroyed in a tornado in 1965 and that they were led to believe that it was a completely brand-new house but that it was actually built on the original foundation. Turner stated the state statute would allow them to replace what currently exists. Rahn stated it is his understanding that the state statute would not allow them to increase the height of the structure. Turner stated Orono Code would allow them to add a second story and to correct nonconformities as long as they comply with setbacks. PAGE 4 ofll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. (4. #08-336 7 TOM & PATTY KUBALAK, 2623 CASCO E.OIN ROAD, Continu ed) Rahn commented in his view the best thing to do would be to construct new rather than build on an old foundation. Rahn asked if the hardcover calculations within staffs report contain the poly and rock. Turner stated they are not contained in the calculations. Rahn stated one of the issues he has is with the rear deck, which is currently considered structural coverage, and that there will be a roof added to that deck, which adds to the massing of the structure. Bremer asked whether there will be something under the rear deck. Turner indicated that is the patio that is being added on the lakeside of the building . Rahn commented the roof does not add anything to the structural coverage on paper but would increase the massing of the structure. Bremer asked if there would be a patio added under the deck. Turner stated there would be a portion of the house located under the deck. White asked if it is currently a walkout. Kubalak stated it is a walkout. McMillan asked how confident the applicants are that the drainage will be resolved with the new plan and whether there is enough room between the house and the property line to accommodate the drainage . Patty Kubalak stated they will be adding drain tile , which will help tremendously . McMillan expressed a concern that there might not be sufficient room along the side lot line for proper drainage away from the foundation. Kubalak displayed the layout of their house and the neighbor 's house to the north and pointed out that there should be ample space to accomplish the proper drainage. Kubalak noted they have experienced flooding three times and that their basement is constantly damp. Bremer asked whether they are proposing a new patio. Kubalak stated that area would be a new patio . Kubalak illustrated the patio they would be adding, which would be constructed on grade. Rahn asked if the patio is located under the existing deck. Kubalak illustrated the location of the deck and the patio . Rahn asked if that side of the house is a walkout. PAGE 5 ofll " I ' • MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) Kubalak indicated it is a walkout. Murphy asked if the deck is located at the street level. Kubalak stated it is at street level. Bremer noted a portion of the patio would be located under the deck and that the newer portion of the patio would extend out from the deck. Kubalak illustrated the location of the enclosed screen porch . White asked whether there would be a rain garden on the property. Turner stated it would either be a rain garden or pervious pavers and that she is unsure at this time whether there is room for a rain garden. Murphy noted the hardcover would be reduced by approximately nine percent and that the permeable pavers would also help with the drainage even though no credit is given for the pavers. McMillan commented her biggest concern relates to the drainage and that she appreciates the hardships the applicants are experiencing with the runoff and flooding. Rahn asked whether the driveway could be reduced further or whether it should remain at 16 feet. Turner stated at the public hearing the neighbors raised a concern regarding the difficulty they experience parking in this area and that they felt it would be better if the driveway were actually wider than 16 feet. Bremer asked whether the applicants would be comfortable backing down the driveway. Kubalak stated once the sight lines are improved by removing the existing garage, it should not be a problem. Bremer suggested the applicants consider removing hardcover in another area in order to allow for a turnaround . Rahn asked whether the neighbors are okay with the project. Kubalak stated they are and noted that their one neighbor will also be redoing her driveway at the same time, which will also help with the drainage. Bremer commented the proposed driveway is a good improvement over what currently exists and provides for some green space . McMillan asked what the square footage of the turnaround was. Turner stated it was approximately eight feet by ten feet. PAGE 6 ofll .... MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. (4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAD, Continued) McMillan suggested the applicants consider adding some additional feet-to the driveway to allow for a small turnaround. Kubalak stated they have seven feet from the edge of the garage door to the edge of the step, and that the garage extends beyond the house. There is approximately three feet of width where the sidewalk adjoins with the driveway. Kubalak stated they could perhaps sculpture the driveway a little bit more to help reduce the hardcover. White concurred this lot does experience some significant drainage issues and that this project would help improve that situation. McMillan asked whether they would be willing to add a reduced turnaround. Bremer stated in her view 16 feet would give the applicants sufficient room. McMillan moved, Murphy seconded, Application #08-3367, Tom and Patty Kubalak, 2623 Casco Point Road, to direct Staff to draft an approval resolution, subject to the recommendations of the City Engineer and the recommendations of the Planning Commission as it relates to mitigation of hardcover by the use of pervious pavers. VOTE: Ayes 5, Nays 0. *5. #08-3370 BARB AND KEVIN DULIN WITH J. SVEN GUSTAFSON OF STONEWOOD, LLC, 1785 CONCORDIA STREET -VARIANCES -RESOLUTION NO. 5775 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5775, a Resolution Granting a Variance to Orono Code Section 78-1288 and a Conditional Use Permit for Floodplain Rearrangement per Orono Code Section 78-1116, for the property located at 1785 Concordia Street. VOTE: Ayes 4, Nays 0. *6. #08-3377 SCOTT HOCHSTEDLER, 290 CRESTVIEW A VENUE -VARIANCE - RESOLUTION NO. 5776 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5766, a Resolution Granting Variances to Municipal Zoning Code Sections 78-305 and 78-1405(6), for the property located at 290 Crestview Avenue. VOTE: Ayes 4, Nays 0. 7. #08-3378 MICHAEL & JULIE WIDTTINGTON, 1981 FAGERNESS POINT ROAD - VARIANCE Rahn moved, Bremer seconded, to table Application #08-3378, Michael and Julie Whittington, 1981 Fagerness Point Road, at the request of the applicants. VOTE: Ayes 5, Nays 0. *8. #08-3383 KERN HOPPE, 1150 WYNDMERE ROAD -FINAL PLAT -RESOLUTION NO. 5777 Murphy moved, Rahn seconded, to adopt RESOLUTION NO. 5777, a Resolution Approving the Plat of Wyndmere 2nd Addition, 1150 Wyndmere Road. VOTE: Ayes 4, Nays 0. PAGE 7 ofll CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #08-3367 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 28, 2008 TO: Thomas and Patricia Kubalak 2623 Casco Point Road Wayzata MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: October 27, 2008 VOTE: 5 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. Please arrange to sign the resolution at the City Offices (Monday through Friday 8:00 to 4:30). All persons with an interest in the property must sign the resolution. Variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes in approved plans are subject to further review by the City. Variance approval expires one year after date of approval. A building permit must be obtained no later than October 27, 2009. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 27, 2008 Ms. Evelyn Turner Planner #eonestroo City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the revised grading plan for 2623 Casco Point Road dated 10-22-08. The plans propose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • All of our previous comments have been addressed and the plans are acceptable from an engineering standpoint. If you have any questions, please call me at (651) 604-4894. Yours very truly, 0-~ Darren Amundsen Cc: Tom Kellogg Date Application Received: 5/19/08 Date Application Complete: 6/4/08 Extended Review Period Expiration: 10/31/08 REQUEST FOR COUNCIL ACTION Department Approval: Name: Evelyn Turner Title: City Planner Item Description: Date: October 27, 2008 Item No. p Agenda Section: Zoning Administrator's Report #08-3367 Thomas P. and Patricia M.Kubalak, 2623 Casco Point Road -Variances -Resolution Zoning District: LR-IC (0.5 acre) Lot Area: 0.29 acre Lot Width: 60 feet List of Exhibits: A. Resolution per Council direction B. Detail showing change in stair configuration. C. Minutes of October 13, 2008 Application Summary: The applicants request the following variances: 1. To replace the detached garage with an attached garage, reducing structural coverage from 18.4% to 17.7% when the maximum allowed is 15%. 2. To add and remove hardcover within the 75 to 250 foot zone resulting in 41.6% hardcover when 49. 7% exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10 foot setback from the north property line. 4. To add a roof and screen walls to a four by six foot portion of the deck that is within the 10 foot setback from the north property line. Background: On October 13, 2008 Council directed Staff to draft a resolution approving the variances, to be considered once the concerns of the City Engineer had been addressed. With the addition of a swale at one location and a warning if there is plumbing in the portion of the basement that will have a floor lower than the existing basement floor a pump may be required to reach the existing sewer service, the grading plan is acceptable to the City Engineer. The previous plan had a walk-down entrance to the basement under the garage. While such entrances are allowed by code they are subject to flooding when the drain in the lower landing plugs. Staff suggested the applicants substitute a walkway along the side of the house to the lake side of the house. The walkway could drain toward the lake. This required shifting the stairs from the deck four feet away from the edge of the house so the walkway could pass underneath. This added 12 square feet of structural coverage. There is also additional retaining wall and #08-3367 October 27, 2008 Page2 of2 sidewalk. The applicants reduced hardcover elsewhere so there is no increase in hardcover. The increase in structural coverage is 0.09%. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTINGV ARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1403 78-1288 FILE NO. 08-3367 . -. ... '. i, ~ ....... ' ~ ~ .... ~ • ~ <, : ~-~ '-[ :: ~.,, ·'\. ' -- WHEREAS, Thomas P. Kubalak and Patricia M. Kubalak, husband and wife, (hereinafter "Owners") are the owners of the property located at 2623 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 141, Spring Park Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-350 to allow a 4 foot by 6 foot portion of an existing deck that is within the 10 foot side setback from the north property line to be converted to a screen porch; and WHEREAS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-350 to change the shape of the roof over the portion of the house that is within the 10 foot setback from the north property line; and WHEREAS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1403 to allow an attached garage to be built to replace the existing detached garage resulting in 1 7. 7 percent structural coverage when the maximum allowed is 15 percent; and WHEREAS, Owners have made application to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 41.6 percent hardcover in the 75 to 250 foot zone when 25 percent is the maximum; and WHEREAS, 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 September 15, 2008, 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 Page 1 of 5 1. This application was reviewed as Zoning File #08-3367. 2. The Property is located in the LR-IC zoning district, where 0.5 acre is the minimum lot area and 100 feet is the minimum lot width. The Property is approximately 0.29 acre in area and 60 feet in width. 3. The Planning Commission reviewed this application on September 15, 2008 and on a vote of 4 -2 recommended approval of the variances, based on the following findings: a. The proposal would reduce hardcover by 772 square feet and structural coverage by 89 square feet. b. The proposal would relocate hardcover to increase the amount of green space adjacent to Casco Point Road. This would be not only an aesthetic improvement but it would also create better sight lines for drivers exiting adjacent properties. c. The proposal would relocate the garage from a non-conforming location to a conforming location. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the 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 Owners but are necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Page 2 of 5 Based upon the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350, 78-1403 and 78-1288 subject to the following conditions: 1. Council approval is based on the site and house plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Structural coverage shall be limited to 2,253 s.f. or 17.7% per the proposed site plan as depicted on Exhibit A and the calculations on Exhibit B. 3. Hardcover in the 0-75' zone shall be limited to O s.f. and hardcover in the 75- 250' zone shall be limited to 3,359.7 s.f. or 41.6% per the proposed site plan and hardcover allowance summary as depicted on Exhibit C. The owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 4. No glazing or walls shall be installed on the screen porch. 5. The Certificate of Occupancy shall not be issued until an as-built survey/grading plan verifying compliance with engineering and zoning approvals has been submitted and approved. Any deviation from the approved plan may require Planning Commission and/or City Council review. 6. Owners shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 7. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction before October 13, 2009 or the variances will expire on that date. Page 3 of 5 8. 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. 9. The undersigned Owners have read, understand 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 27th day of October, 2008. ATTEST: Linda S. Vee, City Clerk Thomas P. Kubalak STATE OF MINNESOTA COUNTY OF HENNEPIN James M. White, Mayor Patricia M. Kubalak This instrument was acknowledged before me this __ day of ______ _ 2008 by Thomas P. Kubalak, husband of Patricia M. Kubalak. Notary Public Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of 2008 by Patricia M. Kubalak, wife of Thomas P. Kubalak. Notary Public Page 5 of 5 ------- Legend --WTR-- --SAN-- --◊E-- 0 ◊ 0 [;::Q] 0 x900.0 --900-­ xeoo.orc x900,0TW x900.0ft. Underground Water Underground Sanitary Sewer Overhead Electric Manhole Hydrant Power Pole Concrete Concrete Curb Deciduous Tree Grovel w/Poly Under Laminate E,c:isting Spot Elevation Existing Contour Top of Curb Spot ElevoUon Top of Retaining Woll Elevation Centerline of Street Elevation • Denotes Iron Monument Found o Denotes Iron Monument Set --900-­ (900) --- Proposed Contours Proposed Elevation Drainage Arrow Silt Fence for Erosion Control LAKE MINNETONKA WATER ELEVATION = 928.7 APRIL 7, 2008 OHW = 929.4 PROPERTY DESCRIPTION: Lot 141, SPRING PARK, Hennepin County, Minnesota. SITE ADDRESS: 2623 Cosco Pl. Rood BENCHMARKS: Top Nut Hydrant O End of !11y Ploee. Elevotion = 935.67. Top Nut Hydrant @ Northeast property corner of Loi 141. Elevation = 952.98. Tojoi Story Co!culotions Total Perimeter Proposed House 210·-o" Lineal feet Existing Grode Perimeter Beneath the 6ft. Below Main le11e! Sub f!ppr Lake Elevotion = 40'-0" f'.iorlh Ele110Uon = 2<'-Bf' South Elevation = 15'-~" Total 36.7% of tote! < 50% Not Considered o Story 2 Srnries T otgl 167-08-8 re:: s·-os & 96-08 928.7 EXISTING AREAS· Jnjgl I o1 Jo QHW : 12 ?28 st Existing House = 1 219 sf Existing Detached Geroge = 677.4 sf Concrete Under Deck = 445 sf Concrete Drive ond Walks =-1,677.5 Total = 4,018.9 sf "" 31.5% SIBUCTUBA1 CDVfRAGE Existing House = 2,341.4 = 18.4% OF TOTAL LOT AREA LOT 75' 250' _ZONE = 8078.3 sf Totol Existing Hardcover "" 4,018.9 sf = 49.7% 114 1 23 Grade to contain stormwater on subject propeey. PROPOSED ARfAS· Total lot to OHW = 12,728 sf Proposed House = 2.252.1 sf !ncludino concrete under decks. Propose~d Concrete Drive and Walks = 1,107.6 sf Total = 3,359.7 sf = 26.4% SJRUCJURA\ COVERAGE Proposed House = 2,252.1 sf = 17. 7% OF 10TAL LOT AREA L07 75' 250' ZON[ 8 078 3 sf Total Hardcover = 3,359.7 = 41.6% LOT OHW JC 75' ZONE -4649.7 sf lmoer,1ious Surfaces = 0.0% PROPOSED SITE PLAN WITH GARAGE AND CONCRETE RECONFIGURATION FOR: ~TOM KUBALAK #2617 FRONT ENTRY = 950 l TOP OF BLOCK .. 949.o I I 1 I I I ! 1 Inch 10 FL with City Engineer'sE3 I I I NOTES: * EXISTING HOUSE TO BE REMOVED * EXISTING GARAGE TO BE REMOVED * EXISTING CONCRETE TO BE REMOVED * EXISTING GRAVEL W/POLY TO BE REMOVED ! hereby certify thot this survey. site pion, or report wos prepored by me or under my o;rect supervision ond that I om o dUly registered Lend Surveyor under the lows of the State of Minnesota. ,r::f_:,/· __ /;{;" /~,-;'.:::;,;::-, ) ~fa.-#~~---,---.::~- Woodrow A. Brown, R.L.S. MN REG 15230 Doted: 10-22-2008 W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue So., Suite 228. rawlrk:]: 167-08 Sioomington, MN 55425 Bus: (952) 854-4055 Fox: (952) 854-4266 ll?ate: ·,o-22-2oos I Scale: 1 !ncr. = 10 rt. 1 Of 1 i To reflect massing ~r --:7' ~.. ~ ----------I Note: Portion of lakeside deck converted to kitchen/dining room has a basement but only deck on upper level. e /J'. ~a ---· ----' I I I') ~-Ln-~) ~ /4 ~ UIWIWIWIWm11wm itlmmlill1ll~lllm11mJ Ill iRI ~j ~ ~ ~~ ri n I I~ ~ l ·i('.ii:\¾';1.fJ#/#•i~','q;f~Jiv.Jri~:W'i:>V':'"'.\G''.-Y~C:.",.::\-:, -·,.;,, .,v_..,,.,.~,.,\1 ,j-"·'c ·: ,t,.1,.;·To...,~nr-..u,J=.'✓= -~~ * _,..,.. I .,.-l~-r::::::::1-.. -.. __ =-, EXISTING AREAS: Total Lot to OHW = 12 728 sf Existing House = 1219 sf Existing Detached Garage = 677.4 sf Concrete Under Deck = 445 sf Concrete Drive and Walks = 1,677.5 Total = 4,018.9 sf = 31.5% STRUCTURAL COVERAGE Existing House = 2,341 .4 = 18.4% OF TOTAL LOT AREA LOT 75' -250' ZONE -8078.3 sf Total Existing Hardcover = 49.7% 4,018.9 sf PROPOSED AREAS: Total Lot to OHW = 12,728 sf Proposed House = 2,252.1 sf Including concrete under decks. Proposed Concrete Drive and Walks Total = 3,359.7 sf = 26.4% STRUCTURAL COVERAGE Proposed House = 2,252.1 sf 1,107.6 sf = 17.7% OF TOTAL LOT AREA LOT 75'-250' ZONE = 8 078.3 sf Total Hardcover = 3,359.7 = 41.6% LOT OHW TO 75' ZONE = 4649.7 sf Impervious Surfaces = 0.0% I I I I I I I \ \ \ () \ _J_ ' o ! 1-g':i tt-'-----t-'~4--~~A-~,.,___:,,--\-. .:,,_:W ~,--7 1---+------,---------___:~ ;:: ' X95o.J ' I 1..___l . GARAGE FLOOR•(9!S1 .0) i --l GARAGE FLOOR BASEMENT'!"(941.0) r \ I X9s o .. L -\_~ I \ I I() 1; STS---~t­ cn ~ I I I CONC RETE 'T Re.v1<::>e D fl,ct,.\ \ _\ ___________ _ CONCRETE 30 .2 ':b'? o}'' -\- 1 . 1 meas . 59· 18' 45"E X 9so -.,.) GARAGE FLOOI GARAGE FLOOR BASL MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 4. #08-3367 TOM & PATTY KUBALAK, 2623 CASCO POINT ROAi)-VARIANCE Tom and Patty Kubalak, Applicants, were present. Turner stated the applicants are requesting.the following: 1. To replace the detached garage with@:.atta~li~tlg~r~ge, reducing structural coverage from 18.4 percent to 17.7 percent when the maxi~y,m aUowed isl,5percent. 2. To add and remove hardcover.within the 75.,J50 foot zone resulting in 41.6 percent hardcover when 49. 7 percent exists and the ma2'imum allowed is 25 percent. ' ' ~ 3. 'I'q6ha~ge t~~ ~llape ofthe ro. of over the portion of the house that is within the 10-foot setback S,' '' ,',< ' 'Ii-om the north pr6peliy line. 4. To add~ roof and scre~n,.walls to a 4 x 6 foot portion of the deck that is within the 10-foot setback frotn.the north{~operty line. The Planning Commission voted 4 to 2 to recommend approval of the variances. Planning Staff would recommend approval of the variances with incmporation of a rain garden and/or impervious paving materials once the grading issues have been resolved. PAGE 5 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. Turner displayed the proposed layout of the house on the lot. Turner noted the applicants are proposing 3-foot wide steps and a 16-foot wide driveway down to the street without a tum-around. Kubalak stated they had initially purchased the house with the intent of remodeling, but that due to a number of nonconformities and safety issues, they felt it would be better to construct a new residence. Kubalak pointed out areas of poly and rock that would be eliminated as weH as some concrete areas they would be willing to remove. Kubalak stated they would also be willing tq eliminate a flight of steps going down to the lake and that the slab in the back is for a patio. In :addition, they have reduced the driveway to 16 feet in width. Kubalak stated there are some hardships associated with the property, including safetyissues in accessing the road given the current location of the g~iage. The neiglibors are in support of the project and overall the project complements the neighborhood and improves the drainage on the lot. <,/~' ', McMillan noted the minutes reflect that theapplicantindicated at tli't:l Planning Commission meeting that the house is in a deteriorated condition 1ncl ~s~;i'whetli~r steps are being taken to shore up the structure. ' '\",' Kubalak stated they wo~ld reduce it d()Wn to the f~li~Qation and build it back up. Kubalak pointed out the current foundation 1iiicto be repla,~~das M-7ell but th'atthey would be keeping the same footprint. ,,, ,,,,,'' ,, \ ,,, ,,,,, ' Patty Kuba.lak stated the originall:fouse was destroyed in a tornado in 1995 and that they were led to believe that it was a completely brand;.tiew house but that it was actually built on the original foundation. Turner stated the state.statute would allow them to replace what currently exists. Rahn stated it is his understanding that the state statute would not allow them to increase the height of the structure. Turner stated Orono Code would allow them to add a second story and to correct nonconformities as long as they comply with setbacks. PAGE 6 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. Rahn commented in his view the best thing to do would be to construct new rather than build on an old foundation. Rahn asked if the hardcover calculations within staffs report contain the poly and rock. Turner stated they are not contained in the calculations. Rahn stated one of the issues he has is with the rear deck, which is currently;considered structural coverage, and that there will be a roof added to that deck, which adds to Jh~Jnassing of the structure. Bremer asked whether there will be something under the rear deqk. Turner indicated that is the patio that is being added on the lakeside of the building. Rahn commented the roof does not add anything to the structural coverage on paper but would increase the massing of the structure. Bremer asked if there would be a patio addeiµl)de/tt:deck. ';,,,, '',,,'' '<i'\ '"" Turner stated there would be aportion of the houseJqcat~d under the deck. White asked if it is curren1Jy a walkout. .. Kubalaksfated it is awalkout. McMillan.asked how confiderit;the applicants are that the drainage will be resolved with the new plan and whether tbere is enough rooih between the house and the property line to accommodate the drainage. Patty Kubalak stated they will be adding drain tile, which will help tremendously. McMillan expressed a concern that there might not be sufficient room along the side lot line for proper drainage away from the foundation. PAGE 7 of17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. Kubalak displayed the layout of their house and the neighbor's house to the north and pointed out that there should be ample space to accomplish the proper drainage. Kubalak noted they have experienced flooding three times and that their basement is constantly damp. Bremer asked whether they are proposing a new patio. Kubalak stated that area would be a new patio. Kubalak illustrated the patio they would be adding, which would be constructed on grade. Rahn asked if the patio is located under the existing deck. Kubalak illustrated the location of the deck and the pa:tfo. Rahn asked if that side of the house is a waijmut. Kubalak indicated it is a walkout. Murphy asked if the deck isfocated afthe street Kubalak stated it is at street.level. Bremerncfred a portion of the patio.would be located under the deck and that the newer portion of the ; '> patio would extend out froniJhe deck. Kubalak illustrated the locatiori~6f the enclosed screen porch. ' ,' ''< ~:':, \,'f White asked wheth:i1nerewould be a rain garden on the property. Turner stated it would either be a rain garden or pervious pavers and that she is unsure at this time whether there is room for a rain garden. Murphy noted the hardcover would be reduced by approximately nine percent and that the permeable pavers would also help with the drainage even though no credit is given for the pavers. PAGE8of17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. McMillan commented her biggest concern relates to the drainage and that she appreciates the hardships the applicants are experiencing with the runoff and flooding. Rahn asked whether the driveway could be reduced further or whether it should remain at 16 feet. Turner stated at the public hearing the neighbors raised a concern regarding the difficulty they experience parking in this area and that they felt it would be better ifthe driveway were actually wider than 16 feet. Bremer asked whether the applicants would be comforta:bleBacking down the driveway. Kubalak stated once the sight lines are improved by removing th~ existing garage, it should not be a problem. Bremer suggested the applicants consider removing hardcover in another,.area in order to allow for a turnaround. Rahn asked whetherthe neighbors are qkay with the project. Kubalak stated they ')fe and ~/,~it'.t~eir o~."iie)~hb:r will also be redoing her driveway at the same time, which will also help with tfiedrainage. '~ :,>'~ ',": Bremer commented the proposed drive~~'y is a good improvement over what currently exists and provides for some green space .. McMillan asked whatthesquare footage of the turnaround was. Turner stated it was approximately eight feet by ten feet. McMillan suggested the applicants consider adding some additional feet to the driveway to allow for a small turnaround. PAGE 9 of 17 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 13, 2008 7:00 o'clock p.m. Kubalak stated they have seven feet from the edge of the garage door to the edge of the step, and that the garage extends beyond the house. There is approximately three feet of width where the sidewalk adjoins with the driveway. Kubalak stated they could perhaps sculpture the driveway a little bit more to help reduce the hardcover. White concurred this lot does experience some significant drainage issues and that this project would help improve that situation. McMillan asked whether they would be willing to add a reduced tmnaround .• Bremer stated in her view 16 feet would give the applicantss~fficient room. McMillan moved, Murphy seconded, Application #08,3367, Jomand Patty Kubalak, 2623 Casco Point Road, to direct Staff to draft an appi;oval resolution,su!Jject to the recommendations of the City Engineer and the recommendations\~{ th~ l?l~nning Commission as it relates to mitigation of hardcover by the use of pervious pavers. VQTE:< Ayes 5,:Nays 0. ' ' ,':: #08-3370 BARB AND KEVJNDULIN WITH J. SVEN GUSTAFSON OF WOOD, LLC, 1785 CONCQRl):{4.STREE'I':, VARIANCES-RESOLUT RJli~s~conded, to adopt RESO~UTION NO. , a R to Or~n<> Code Se ·on 78,.f288 and?"Conditional Use Permi Nays 0. *6. , 290 CRESTVIEW A VENUE -VARIANCE - RESOLUTION NO. ed, Rahn seconded, to adopt RESOLUTI NO., a Resolution Granting Variances icipal Zoning Code Sections 78-305 and 78-1405(6), Crestview Avenue. VOTE: Ayes 4, Nays 0. PAGE 10 of17 CITY OF ORONO 2750 Kelley Parkway P.O. Box66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #08-3367 NOTICE OF COUNCIL ACTION DATE OF NOTICE: October 14, 2008 TO: Thomas P. and Patricia M. Kubalak COPIES: 2623 Casco Point Road Brown Land Surveying (by email) Wayzata MN 55391 TYPE OF APPLICATION: Variances DATE OF MEETING: October13, 2008 VOTE: 5 FOR 0 AGAINST Motion: To directed Staff to draft a resolution approving your application with the addition of permeable pavement or rain gardens, to be considered when the concerns of the City Engineer have been addressed. Please allow ten days for the City Engineer to review the revised plan. Enclosed is extension form, unless the surveyor can submit a revised plan before October 16, please return it in the envelope provided. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions please call Evelyn Turner, City Planner, at 952-249-4623. r Evelyn M. Turner From: Sent: To: Subject: Attachments: FYI Evelyn Turner City Planner City of Orono 952-249-4623 952-249-4616 (fax) Evelyn M. Turner Tuesday , October 14 , 2008 10:47 AM brown land surveying Kubalak Variance Application 08-3367 2623 Casco Point Rd 10-7-08 (2).pdf; 3367 cc action 1.doc 1 MINUTES OF THE ORONO PLANNING COl\IMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. Planning Commission met on the above-mentioned date with the llowing members present: Cha· Ralph Kempf, Commissioners Kim Kang, Michelle Winer aye .Ann Bennett, and John Schwingle . Representing Staff were Assistant City Administrato or Long-Term Strategy Mike Gaffron, Pla Evelyn Turner, and Recorder Jackie Young. temate Janice Berg arrived at 6:32 p .m. City Coun ·1 Representative Dave Rahn was present d by the Pledge of Allegiance. CONSENT AGENDA Chair Kempf opened the public hearing at There were no public comments regarding Chair Kempf closed the public hear" ent Agenda items. Schwingler moved, Bennett se onded, to approve the Consen VOTE: Ayes 5, Nays 0. *1. 18,2008 OF PLANNING COMMISSION MEETING MINOT Schwingler oved, Bennett seconded, to approve the Orono Planning Commission IDI tes 8, 2008, as submitted. VOTE: Ayes 5, Nays 0. 2. #08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, VARIANCE, 6:10 P.M . -6:53 P .M. Tom and Pat Kubalak, Applicants, were present. Turner noted the Planning Commission has reviewed this application twice previously, with the proposal being tabled at the August meeting to allow the applicants to revise their plans to reduce hardcover. The applicants have changed their plans from construction of a new house to adding to the existing house. They propose to add an attached garage and to add a second story over the portion of the house and garage that is not within the 10 -foot setback from the north property line, convert parts of the existing deck to a screen porch, and to convert the remainder to a single-story addition with a basement and roof-top deck. Turner noted state statute requires that there is no increase in the nonconformity . The applicants are now requesting the following variances : PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD , CONTINUED) 1. To replace the detached garage with an attached garage and widen the stairs to the deck, maintaining 18.05 percent structural coverage when the maximum allowed is 15 percent. 2. To add and remove hardcover within the 750-250 foot setback resulting in 44.7 percent hardcover when 49.7 percent exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10-foot setback from the north property line. 4.. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10- foot setback from the north property line. Turner displayed photographs of the existing structure and a view of the neighboring property. Planning Staff recommends the following: 1. Approval of the structural coverage variance to allow the steps to be widened and an attached garage to replace the detached garage , but with a reduction in the depth of the garage to the extent the Planning Commission determines appropriate. 2 . Approval of the hardcover variance, but with a reduction of the driveway width to 16 feet and elimination of the turnaround area . Staff would recommend use of mitigating measures such as permeable pavement and/or rnin gardens if feasible. 3. Approval of the setback variances for the change in the roofline and the extension of the screen porch over the deck, conditioned on 'the screen porch not being converted to a glazed porch or living space. Turner noted the recommendations would be subject to the applicants submitting an updated survey and grading plan acceptable to the City Engineer prior to the application proceeding forward to the City Council. Kubalak stated they elected to proceed forward with their application following the recommendation of the Planning Commission at the August meeting. Kubalak distributed a sketch depicting the garage and a portion of the residence. The depth of the garage is proposed at 30 feet , which would allow 25 feet for the vehicles and 5 feet for a bathroom and closet. Kubalak stated it would be difficult for them to reduce the size of the garage because it also accommodates vent work to the third level. In addition , they have reviewed their options for reducing structural coverage and hardcover. They would be willing to incorporate pervious materials for the patio and sidewalks. Kubalak noted the four-foot extension on the side of the garage is only for the garage and does not extend down the side of the house. The poly and rock would also be eliminated. Turner noted the existing hardcover levels contained in Staffs report does not include the poly and rock. PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO P.OINT ROAD, CONTINUED) Kubalak stated they would also be willing to eliminate the turnaround area if they are allowed to retain the 16-foot wide driveway area. Kempf asked when they anticipate starting construction. Kubalak stated they had originally anticipated starting in October, which is no longer possible at this point. Mrs. Kubalak noted their road will be under construction next spring and that they would like to commence construction as soon as possible this fall. Chair Kempf opened the public hearing at 6:27 p.m. There were no public comments regarding this application. · Chair Kempf closed the public hearing at 6:27 p.m. Winer stated she would be in favor of the setback variances and the hardcover variance . Turner stated pervious materials would still be considered hardcover and would not change the calculations. Bennett asked whether there will be a full basement under the garage . Kubalak stated there would be and that the whole purpose behind the remodeling is to gain storage area. Kempf indicated he did review the minutes from the August meeting and compared it with what is currently being proposed. Kempf noted the proposed structural coverage and the hardcover have increased from the previous proposal and that the applicants had indicated previously that their residence was not desirable to live in. Kempf asked whether the applicants would prefer to go with their original plan or with the plan they are proposing tonight. Kubalak stated they would like to go with what they are proposing tonight. Kubalak stated their neighbors are in agreement with the current proposal. The widening of the driveway from the eight feet to 16 feet helps them overcome some of the safety concerns that were raised at the previous meeting. Bennett expressed concern regarding the 30 -foot depth of the garage. Kubalak asked what Commissioner Bennett's objection is to the depth of the garage. Bennett stated it was her understanding there was an increase in the structural coverage. Kempf noted the applicants are allowed to maintain the existing house footprint. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, CONTINUED) Turner stated that is correct and that Staff is recommending the Planning Commission look at the size of the garage to determine if it is appropriate. Winer noted a bathroom and the heating and cooling to the third level were being accommodated in the garage. Bennett stated if the structural coverage is over the allowable limit, there should be a reduction in either the size of the garage or in the footprint of the house. Turner stated the existing house is 1219 square feet, the deck is 432 square feet, plus 21 square feet for the steps up to the deck, and the existing garage is 637 square feet. A portion of the deck would be converted into living space. As it relates to structural coverage, the deck is already considered part of the house. As it relates to hardcover, the proposed house consists of 1435 square feet and the proposed garage is 660 square feet. Kempf stated the previous pian elinrinated the setback variance and was closer -in complying with the structural coverage and hardcover limits of the City. Kempfrecommended the applicants consider going back to their original plan and reducing the structural coverage and hardcover as much as possible. Kubalak indicated that their attempts to make revisions to their plan to comply with the direction of the Planning Commission have been expensive and time-consuming and that they were told they would be allowed to keep the same size garage as they currently have. Mrs. Kubalak noted state statute allows them the same footprint as what they currently have. Kempf noted the statutes have recently changed and that the Planning Commission is still adapting to those changes. Kempf stated the Planning Commission reviewed the original plan, which is no longer in front of the Planning Commission, and asked whether the applicants would be able to proceed forward to the City Council with their previous plan. Turner stated the Planning Commission was pretty clear that they did not prefer the second proposal at the last meeting but that they could make an advisory recommendation on tonight's proposal, followed by an advisory recommendation on the second proposal. Bennett asked what the hardcover calculations would be if the garage is reduced to 25 feet. Turner indicated it would only reduce the hardcover slightly and would reduce the structural coverage by approximately one percent to make it 17.5 percent. Kubalak stated the hardcover would be reduced to 42 percent. Schwingler moved, Winer seconded, to recommend approval of Application #08-3367, 2623 Casco Point Road, in accordance with Staff's recommendations for Items Band C, and to approve the 30-foot depth of the garage as proposed. VOTE: Ayes 4, Nays 2, Kempf and Bennett Opposed. PAGEA MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, CONTINUED) Kempf indicated he would like to see the applicants proceed forward with their original proposal. WBUSINESS 3. #08-3377 SCOTT HOCHSTEDLER, 290 CRESTVIEW A VENUE, V ARIANC~, 6:53 P. . -7:23 P.M. - Scott Hoch edler, Applicant, was present. Turner stated th applicant is requesting the following variances to construct a 14' x 6' addition to the rear of the li use: 1. Setback varian s to construct a 14' x 16' addition to the rear of the use with a 23-foot setback from the ar property line when a 50-foot setback is requ· d; 2. A 17.63 foot setback m the south property line when a 50-fi t setback is required; 3 . Setback variances to cons ta 2.33 x 10' addition to the outh side of the house with a 15.3 foot setback from the sou property line when a 5 -foot setback is required. The street to the south is unimprove nd was supposed t e vacated previously but was held up for reasons relating to storm dra · age. Staff wo d point out that it could be viewed as a property line. 4. A 37-foot setback from the rear property h when a 50-foot setback is required; 5. A side setback to construct a detached rage · th a 5 .1 foot setback from the north property line when a 10-foot setback · required. The applicant is in the process of makin some changes to the terior. fac;:ade of the structure . Turner displayed some illustrations f the existing residence witho the proposed garage and with the proposed garage. Planning Staff recommends proval of the variances for the house addit ns and approval of a setback variance to allow a o-car garage. Laurel Kirkwald, Sha tt Design, stated the client would like to remove the ex· ting garage and replace it with a gar e that would be more in character with the house . fu addit n, he would like to add a small unroom off the back of the house . .The current house consists 947 square feet and the addi on is designed to add some space to the rear of the house and mak the house more function . The property owner is limited to 550 square foot area ofbuildable ar a in the center of th roperty , which would only accommodate a small garage. The allowable B ilding coverage 15 percent, which would be 890 square feet on a 12,525 square foot lot. PAGES Date Application Received: 5/19/08 Date Application Complete: 6/4/08 Extended Review Period Expiration: 10/31/08 REQUEST FOR COUNCIL ACTION Department Approval: Date: October 13, 2008 Item No. t; Agenda Section: Zoning Administr tor's Report Name: Evelyn Turner Title: City Planner Item Description: #08-3367 Thomas P. and Patricia M.Kubalak, 2623 Casco Point Road -Variances Zoning District: LR-IC (0.5 acre) Lot Area: 0.29 acre Lot Width: 60 feet List of Exhibits: A. PC Action Notice dated September 16, 2008 B. Updated survey/grading plan with hardcover calculations, submitted September 29, 2008 C. PC Memo & Exhibits of September 15, 2008 D. Draft PC Minutes of September 15, 2008 E. City Engineer's Report Application Summary: The applicants request the following variances: 1. To replace the detached garage with an attached garage, reducing structural coverage from 18.4% tol 7.7% when the maximum allowed is 15%. 2. To add and remove hardcover within the 75 to 250 foot resulting in 41.6% hardcover when 49.7% exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10 foot setback from the north property line. 4. To add a roof and screen walls to a four by six foot portion of the deck that is within the 10 foot setback from the north property line. Planning Commission Recommendation On September 15, 2008, Planning Commission voted 4 to 2 to recommend approval of the variances. Planning Staff Recommendation Approval of the variances with a rain garden and/or impervious paving materials, once the grading issues have been resolved. COUNCIL ACTION REQUESTED Direct staff to prepare a resolution approving or denying the variances. ZONING FILE #08-3367 Council Exhibit A CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: September 16, 2008 TO: Thomas and Patricia Kubalak 2623 Casco Point Road Wayzata MN 55391 TYPE OF REQUEST: Variances COPIES: DATE OF MEETING: September 15, 2008 Planning Commission recommended approval of the hardcover, structural coverage, and setback variances as proposed. VOTE: 4 FOR 2 AGAINST Applicant's next scheduled meeting is: City Council -October13, 2008 -Meeting starts at 7:00 pm If you submit a site/grading plan and hardcover calculations prepared by a surveyor or engineer by September 29, a resolution could be prepared for the October 13 meeting. This would allow Council to grant final approval on that date, if the proposed variances are acceptable to them. Otherwise while Council would still consider the application on October 13 final approval would not happen until you had provided a revised grading plan and a resolution had been prepared. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. ) "' bi / / LAKE MINNETONKA WATER ELEVATION = 928.7 APRIL 7, 2008 OHW = 929.4 I: Lot 141, SPRING PARK, Hennepin County, Minnesota. :asco Pt. Road t @ End of !vy P\oce. ,.67. t @ Northeast property 41. '..98 [X!ST!NG AREAS· Total Lot to OHW -12 728 sf Existina House = 1 21 9 sf I 3 6 I I I r 929.4 )'-0" lineal Feet ExistinO Detached Garage = 677 .4 sf Concrete Deck = 445 sf ~~ Seneoc:--, th':' 6f~ Be:ow C:on::rete cnC Walks = 1.677 .5 2 ~ n "' 9.31. ;! . (;/ l ./ ,;;, ------ .. :;; PROPOSED AREAS: T otol Lot to OHW = 12,728 sf Proposed House = 2,252.1 sf lncludina concrete under decks. /ff " t; I " ~ ,. ;;, 9J4,9 "' :;i ----Sis;;-- ~ ~...._ __ ~//_So " lftr-E:lf£:N (;/ Cl( llNt ----~t~~ -!o4.8- /-11'---J--,_ 'I r--\ I vi- ,• I .. <o,;;, ;;; 2 Proposed Concrete Drive and Walks = 1, 107.{sf Totot = 3,359.7 sf = 26.4% ------ .r-. -,.•~ .~ • f ~ ; PROPoS 0 .,,, iiE::'PEA~ · WITH GARAGE · AND . CON°¢RiEirfm: •iRj;jcoNFIGURATION FOR:' ~TOM KUBALAK #2617 f"RONlf" ENTRY '"' 95i, 1 TOP Of" S~OCK .. 949.o ~:----_ 950.6. I 948.5 I f 1 Inc / 9SQ I ~ kl TEL JUNG. BOX OP NUT HYDRANT 952.98 NOTES: * EXISTING HOUSE TO BE REMOVED * EXISTING GARAGE TO BE REMOVED * EXISTING CONCRm TO BE REMOVED * EXISTING GRAVEL W/POLY TO BE REM l hereby certify that this survey, site pion, or me or under my direct supe•·vision and that I Land Surveyor under the iaws of the State of W. BROWN LANO SURVEYING, INC ./ // /'. // c/ /4~ ,.'4,;:J=---- Wooarow A. Bro111n, R.L.S MN REG 1523( wcte:: __ c_-2-_2_s_-2_o_oe ___ _ BENCHMARKS: Top Nut Hydrant @ End of Ivy Ploce. Elevation = 935.67. Top Nut Hydrant @ Northeast property corner of Lot 141. Elevation = 952.98. Total Story Calculations Total Perimeter Proposed House = 21 o· -0" Lineal Feet Existing Grade Perimeter Beneath the 6ft. Below Main level Sub-floor Lake Elevation North Elevation South Elevation Total 40'-0" 21'-Bf 15'-~" 76'-11r 36. 7% of total < 50% = Not Considered a Story 2 Stories Total 167-08-8 ref: 51-08 & 96-08 ---------------------------- ------- ------- -------x931.2 / ------- -------------- -------'------------ 928.7 EXISTING AREAS: Total Lot to OHW -12. 728 sf Existing House = 1219 sf Existing Detached Garage = 677.4 sf Concrete Under Deck = 445 sf Concrete Drive and Walks = 1,677.5 Total = 4,018.9 sf = 31.5% STRUCTURAL COVERAGE Existing House = 2,341.4 -------------- ------------- = 18.4% OF TOTAL LOT AREA LOT 75' -250' ZONE -8078.3 sf Total Existing Hardcover = 4,018.9 sf = 49.7% 114/23 -------------- .....__~--..... ___ ___ -------79_;--- 75'? --------------- -------- ----------·-_ r- ~1--; ~---1 /~ 5o• f?c"<f?;:1y Cc L11y< PROPOSED AREAS: Total Lot to OHW = 12,728 sf Proposed House = 2,252.1 sf Including concrete under decks. Proposed Concrete Drive and Walks Total = 3,359.7 sf = 26.4% STRUCTURAL COVERAGE Proposed House = 2,252.1 ---- 1,107.6 .c = 17.7% OF TOTAL LOT AREA LOT 75' 250' ZONE -8,078.3 sf Total Hardcover = 3,359.7 sf = 41.6% LOT OHW TO 75' ZONE -4649.7 sf Impervious Surfaces = 0.0% -~------.--... ___ Date Application Received: 5/19/08 Date Application Considered as Complete: 6/4/08 Extended Review Period Expires: 10/31/08 To: From: Date: Subject: Chair Kempf and Planning Commission Members Evelyn Turner, City Planner September 15, 2008 #08-3367 Thomas P. and Patricia M.Kubalak, 2623 Casco Point Road -Variances Zoning District: LR-IC (0.5 acre) Lot Area: 0.29 acre Lot Width: 60 feet Application Summary: The applicants request the following variances: .i..-•'.-i''. ,.. -~ . " To replace the detached garage with an attached garage and widen the stairs to the deck, maintaining 18.01 % percent structural coverage when the maximum allowed is 15%. To add and remove hardcover within the 75 to 250 foot resulting in 44.7 percent hardcover when 49.7 percent exists and the maximum allowed is 25 percent. To change the shape of the roof over the portion of the house that is within the 10 foot setback from the north property line. To add a roof and screen walls to a four by six foot portion of the deck that is within the 10 foot setback from the north property line. The Commission tabled this application for revisions in July and August. The applicants have changed their proposal from constructing a new house to adding to the existing house. Sta.ff Recommendation: Planning Department Staff recommends approval of some level of the hardcover and structural coverage variances and approval of screen porch variances. Pertinent Zoning Ordinance Sections 78-350 Setbacks the LR-C zoning district. 78-1288 Hardcover 78-1404 Structural Coverage List of Exhibits A. Application B. Hardship Documentation Form C. Hardcover Calculations D. AreaMap E. Existing Conditions F. Site Plan G. Building Elevations 08-3367 September 15, 2008 Page 2 of 4 H. Proposed Structural Coverage Rearrangement, prepared by Staff I. Proposed Hardcover Rearrangement, prepared by staff J. Minutes from the July, PC meeting (minutes from August 18, 2008 are elsewhere in this packet) Background The property is a lot in a very old plat. The existing house is a walkout rambler that was constructed in 1965 on the foundation of a house damaged by the Navarre tornado. The detached three-car garage was constructed in 1967 with street and side setback variances. The applicants propose to add an attached garage to replace the detached one, to add a second story over the portion of the house and garage that is not within the 10 foot setback from the north property line, to convert parts of the existing deck to a screen porch, and to convert the remainder to a single story addition with a basement and roof-top deck. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 0.29 acre Lot Width 100 feet 60 feet Setbacks: Required Existing Proposed Lake Average lake shore 3-4' behind average No change lakeshore Street 30' 65' 57' 5-6' No change for main North Side 10' level 10' second story South Side 10' 18.2' 10' Structural Coverage: Allowed Existing Proposed 1,910 s.f. 15% 2,321 s.f. 18.38% 2,321 s.f. 18.38% 08-3367 September 15, 2008 Page 3 of 4 Hardcover: Hardcover Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover* hardcover 0-75 4,649.7 s.f. 0 s.f. 0 s.f. 0 0% 75-250 8,078.3 s.f. 2,015 s.f. 4016.8 s.f. 3,614 25% 49.7% 44.7% Total for 12,728 s.f. 2,015 s.f. 4016.8 s.f. 3,614 Property *Not including any plastic or fabric under landscaping. Variances Structural Coverage The proposed garage addition will be about 15 square feet smaller than the existing garage. The stairs will be widened from three feet to four feet, increasing structural coverage by about 15 square feet. (See Exhibit F.) Proposed structural coverage would be 411 square feet more than allowed. Hardcover -Hardcover would be rearranged per attached Exhibit G. s.f. s.f. s.f. Setback Variances -A shed roof would be constructed over the north five feet of the main floor and extended to cover the existing deck. The front part of this roof is already a shed roof but at a slightly lower pitch. The rear part is a gable roof. The roof currently covers four feet of the existing deck. It would be extended another six feet to cover the whole deck. Because the north wall of the house angles away from the lot line toward the lake, the area within the setback would be about 4 feet wide. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Are the attached garage and wider steps necessary to make reasonable use of the property? A review of approved variances would seem to indicate that an attached garage is a necessity. Many hardcover variances could be eliminated by constructing a house with a detached garage close to the street. The widening of the steps to four feet, the width allowed steps to the lake, is reasonable and is offset by the reduction in the size of the garage. 08-3367 September 15, 2008 Page 4 of4 Can the size of the proposed garage be reduced? The proposed garage is 22 feet wide by 30.2 feet deep, with 14 square feet being part of the existing house. It would have a basement with an exterior door. The proposed width is probably the minimum for a two-car garage but Commission should consider if the depth of the garage could be reduced. Can the amount of hardcover be further reduced or is it all necessary? At the public hearing the neighbors spoke of the need for driveway parking for properties in this area as on-street parking is limited and problematic. The applicants propose a 20 foot side driveway from the street to the garage plus an 8 foot by 10 foot parking area or turnaround. Staff would concur with maintaining a wider driveway to the street to provide for parking but a 16 foot wide driveway would provide adequate space for two cars to park side by side in the driveway. Will the attached garage and the rearranged hardcover be compatible with the surrounding area? Variances to allow the changes to the roof over the portion of the house within side setback the have been commonly granted in the past. Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends: A. Approval of the structural coverage variance to allow the steps to be widened and an attached garage to replace the detached garage, but with a reduction in the depth of the garage to the extent the Planning Commission determines appropriate. B. Approval of the hardcover variance, but with a reduction of the driveway width to 16 feet and elimination of the turnaround area. Staff would recommend use of mitigative measures such as permeable pavement and/or raingardens if feasible. C. Approval of the setback variances for the change in the roof line and the extension of the screen porch over the deck, conditioned on the screen porch not being converted to a glazed porch or living space. All subject to an updated survey and grading plan acceptable to the City Engineer being provided before the application is considered by the City Council. City of Orono Variance Application PC Exhibit A RECE!Vi::D MAY 2 1 2008 CITY OF ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Application # o8 ,,... 330'] Date Received: Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 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.. (q~ 7 .;::::.-,4--:2".?-o PG r fv'r' · ~A-0 Property Identification Number (PIN): Date Property Acquired (month/year): ___ □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: ~ W~✓Eb.r:l-:-l;v ~·fl+-,4'"vp~ ES'-( ~~y:a.~"f-q-: ~Gl~N ~?Or Phone (home): (?""-•"""'-'-"""""'--~1-' --"""='-"=-,1'-°'1'-")-,1--___ Phone (work): q,;;-z,-4-71!?-q-rr-;:D Complete Address: · ,, b-4--;;z...v.ita ?Z- City, State & ZIP ~.,,c~ £.~(L-, /lttN ':7'7'°3·~} Email: / Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: t:c:1M ~ P~-rt'--:(' ¥: L,f @:A-/..,,~ Phone (home): 1'5'2-,4-c:; I -~4[.0 Phone (work):'t bf.2--z.-~7 -4'17:7;:;; Complete Address: Z, ~Z-7 ,:::::-~ /;:,z;,ff,.11-P&~ City, State & ZIP ,:t? fa2..t?tJJ-0 1 M, N, · ½ -;q I Email: · • Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): /:-:ll!?A ~ A:'.~ / f,f-rlff;N:O ±2? ~£;.: ~,IP:.. 1§,L ff?1JNb #-i':Ef2.! Ov'-~,,f~O r--1.c>N -iC?,;J.J /:i;:)J.?-..J.4/1VbJ G-:r-r2-::'-'~~rz..G: A-NO ~~ L, t;iftr/A-A -14 -#3367 REQUIRED SUBMITTAL$: RECEIVED MAY 2 1 2008 All of the following information must be submitted by the application deadline date in order foCYP¥ OF ORONO application to be processed. 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 your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Applicant's Signature: Date: -----------Applicant's Signature: Date: ----------- Owner's Signature: Owner's Signature: 1ltzr1,,. J/4;}) 4 J:J._,,1,.£_ Date: Date: -15-#3367 City of Orono Pre-Application Meeting Form RECEIVED MAY 2 1 2008 CITY OF ORONO (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: af-f C, W\ PC Date: Meeting Date/Time: 5/21/09 I I 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: U-l-::::> C:::A:--=::,CC;J ~ 1 ~\ r 1:2 oAQ Property Identification Number (PIN): Z,.,t; -/ l '-7 --..;Z--:7 -.:2-4--,t:7,c:, ?2- Zoning District: U2". -LI Size of Property: !'2--=f-0"1 ;J:. I ) DESCRIPTION OF REQUEST: □ Average Setback )(°Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' )8.Hardcover 75'-250' Pi[ Lot Coverage %'Lot Area ·□ Other: · □ Hardcover 250'-500' )~lot Width □ Hardcover 500'-1000' Applicant's flf( HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: rt completed and submitted in conjunction with their formal variance application. Applicant's r11_ BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's f/!-initial application fee, as well as provide an escrow in the amount Initials: $ 21600 to guarantee payment of the above. OTHER INFORMATION: f?<lv ·,se d , S\XQ c.hJY A\ CD~ f'f(e..-,µd I bz... d i~h n, \ ~ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: ,J?J:x;;;;L-(,L )]// _ )!JJ,,,L Date: S'-.J./ ·-0? Owner Signature: ·/J:tJ:-1-1--d: fl1 ,, /!JJ~ Date: ~--} /-o Y of -9 -#3367 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM 1 (we) C...,11r1-y tf-.P1/4.-~QvMP, of 2-6 /:;; O.s~ 1'1 ~ d [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ,?,l ·;23 (\1-stc f + fol. also referred to as Land Use Application No. b&'-~3£., 7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the lans and th t proposed neighbor's project or use requires Council approval. 6 ---s--ocf Date Prop~rty Owner O Date ********************************************************************************************************************************* -,· l {'i Pf· {) _fl I (we) 0oq, t\ fV\a0,tf1-0J\CRJ of d\ (_Q \.._;Q~ e.o /C-C [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we) JePF-l{ft?S/Jlil-£s~ [print name(s)] 2teL/F d&sw P~tl [print address] have reviewed the., p!{aps for the proposed improvement or proposed use of the property located at .2,l.,-2,;:, c?J«ef~&..-also referred to as Land Use-Application No. og -33t,;.1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the and that the proposed neighbor's project or use requires Council approval. l I Date ********************************************************************************************************************************* .._,,,1(we) _____________ of-,--__________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM have reviewed the plans for the proposed improvement or proposed use of the property located at ?,lJ-3 l:tt.s c.o ff.. RJ, also referred to as Land Use Application No. O 'l-33t., 1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~----~ ~ ~~ ; ,_;-\ V-0-<-( ~ ~ Property()wner' Date Property Owner Date ********************************************************************************************************************************* I (we) ____________ of __________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM // ( I // , /I I (we) lb1vuce (tu~ /Jtii,i~f ~ [print name(s)] · Zl6 I flue o y-/_ /Z£/Z_ [print address] -..... have reviewed the plans for the proposed improvement or proposed use of the property located at i,, t,,, ),,. 2> C~ R..,. also referred to as Land Use Application No. (fl, -33 &--:1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improverneryt)plans and that the proposed neighbor's project or use requires Council approval. / ~4A_6,)i114_ t, -i O V Property Owner'-;· Date Property Owner ( Date ********************************************************************************************************************************* I (we) _____________ of ___________ _ . [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - HARDSHIP DOCUMENTATION FORM PC Exhibit B RECEIVED MAY 2 I 2008 CITY OF ORONO This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." U 1-lt?e;-.f?-T~ ,:::1-f-rt?-t)n_ ht::i-r~ c...:;z , t' tfte P:f t,H~tl!';:; k/\J!:.? f'.12.1 VJE 1..,~~ .PS:t¾ I T1ik;2 t2> -t"tr{G,, ~;.?E;'/=Zi",/ I ~,;.iv f-t~-e>G -4:.?N-r{ r,Jtt=-t;;:.? I .,,4-Np ~/tl-5 t~ Ut-J~.~N/fr~t.-e, . 1 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." -14--'I t.JROF-: ,A~'-( t1F t-~ 'F-,.C l ~fv(-r,;, 4 vc,,,-ru fZE:-/2-fv re;,~ , ~-,~.o'::;? 1-r c::::-/2G~~ ~ vgc~~ '1P' 'T"1rft.:z C~.7;:?~"t'-1 'frrv..o rv-crr ?£1't~~ e;'f"' ~ l,,,hv.,,~~-.fJr0;;;::,ca-, · 3. "The variance, if granted, will not alter the essential character of the locality." I F <6-M1N1E:-P, tl;J-G. ,1 Ml A-tr->~ W I t-1_... f M,IP/J-::,vr:EE nfG. ~ ~.V§?-:=. /.f= -nf1z:. W~+t-1 t'.::r:::: C2Y ~~,.,.._,t fv't...,.. t-1=:.ss N4t:,J~ ~t:J~M tw~ -A' N !t? M V? bt .1\,1.,,,:;> f"2.. 65 ~~f.ZS, , 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." -J:./-f-e:. 6')!JJ'f,,..r.fl!rfZ-lb f:>,l?cr 1pr.7-o,::;;,c,,::;/N·4:7 1V ~U./t-t=J ,,.4--/vG:;:. .. W ~ tzP -~~ ,:Ptz-;AAA'/1.1.E; ,/l&Bt,/S?-:'f, 1-t-I"? Pe:vL..rsH i'"Z' I NV p;4 -r A-N-r M-a> (<J~'-r' t N-r~ 1S-'>"(~1Wb /',.4:;N-4,f,J~M, rw~ Ho-ME, 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." N ,A,-I 6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." J-,.!O ~~~ U~ 1°"~'"' .4-· $§:I fv&-c.{2 ~.iA.-1'11.-'-( ~{ig ifi;7 I ~O~eiPO, ' -17 -#3367 RECEIVED MAY 2 I 2008 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." k, 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." t1--J.o-,t--t'bft£-r'-A-Dvlsr5/i:.(l,)r· ~~ ~ --t-&fa: &x~, 4 ~ ,-y:i...c1 ?-.,.-VI..Z..S , 9. ''The conditions do not apply generally to other I~ or structures in the district in which said land is located." /4/M [L..-kt'<--fD ~ ~ 6-@o~, ) 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." v~ . T1d-C,; t G ?ti#~--f!-p.'--l'rt'1 VJ£ +-o --rtiG -'f?Vl?~:4i,m~ P(l-&vJ?~A-"t"V GZ:r w...,.-'? ~\f/,-4?1,:(.6 r.-Y @~"fl\/~ ~ "( T':tf-G~ 1--rey 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." '=(t:="e§z: ~t.S 1 -s, ?~.::-±:, i1-f'E:.. ~P~O M~? -:ti.~ (N~~ tP .f=-":/1'1~ ::;?.A ,v-w--'tb' ?or~ A-f,./D · 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." kY rs t,./o<r hJv'vf5,.fJ(Ja.e .. ~ ~ pvtll-10 A--Ft,IJ.J?htJ-r--,k-C.-N6:AtJ ~tt-1.E P/2-: :t2' .::;~o A-yg;;:..A:I'.'::: ,;;;:,~<,v-Jk -f1,frt.1}-u--~f :t:U:,qr ~41;, Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): L / -18 -#3367 Prepared HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length 7 (57EPS TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A r------ ,,J.,.- 0-75' X X X X X X X X X X X X X X X + B 75-250' 250-500' = Width = = = = = = = I = = = = = = = _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length / 2 ,() /. ,:::~.,/ (, 0 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X B Width = = = = = = = = = 0 = = = = = _____ x100 = PC Exhibit C 500-1000' I S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. 2.. S.F. 2-/ S.F. S.F. S.F. S.F. S.F. S.F. A B S.F. 0 S.F. S.F. ~~o S.F. / / ?/:?, / I v~,, () S.F. S.F. c~'·:jc·/ S.F. S.F. I ,r / 7 S.F. o/S' S.F. /08 S.F. S.F. S.F. S.F. S.F. S.F. A S.F. B % Hennepin County Property Map Print tr ii ii Ii PC Exhibit D -----·-----~--------·--·--·-·------------~ Hennepin County Property Map -Tax Year: 2008 I) , The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed i j; land surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this page should be used for reference purposes only,! Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. · !; Ii _.,, .. ~-<'· / i ·' / ,' i •' ,, ·' 38 / -------~--------., ... lt_,l_l __________ _ '.:::,J______ 2 64 5 ..... _ ---...... ,... ,/' ---------.. _ /' ,~;i --.. ..... _______ .... ___ ,/ l 2648 2-6 59 ... ______ / 2 ··--------------=~::______ 7·· /,.,··/·/ .,~--------------~~~:: _______ l ;i---------------- 2•67 7 --.... ./ i 2fr60 / ,// 0 "-<:· Ill/ 1/11----------2-6_8 .. -4-----------'< 2691 -........ __ ·-------.. \ Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: 2618 ,..,.,· "' ·---~----,-· '\, 38, / / ... \_, ..... . ,,/ 2590 2600 .~-/•' _/_ .. •,. \ , ... --r..:· ·• .... \ 2540 Date Printed: 7/16/2008 9:44:31 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: httn://gis.co.hennenin.mr:.us.lHCPronertvJvianlLocator.asm:?PID=l 01172?,31 QQL!..1 2528 '...,. \ ' \i ··: I I ·\., I ·······1 ,_ I -.... I .... ,j Hennepin County Property Map Print PC ExhibitD Hennepin County Property Map -Tax Year: 2008 : The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres} are approximates and may contain discrepancies. The information on this page should be used for reference purposes only. , Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. H Selected Parcel Data • Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: 2598 2618 2648 2660 2684 2540 2590 Date Printed: 7/16/2008 9:44:31 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: httn://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=l 011723310044 7/16/2008 0 0 ◊ xacc.c --ace- .>'.80C.JTC xSOC.,'J~ LAKE ?ewer P~le Con::re~e C.::.ncrete :...1r:1 '.)ec:duous Tr;: e :o:; cl Retoir. ng Wo!• £'evction :ente:1ine vi Str~:1 t::evcticn MiNNETO\JKA WATER ELEVATION = 928.7 P'RIL 7, 2008_ OHW = 929.4 I I I ,,,a, I I I / I , I th~1 r-...,.__ 1 1:, ., 8 I I !',., I "'o~ol , , I a a ' ----;--', ', I (5" ;; I I g II 11· ~-. ,, "' I .·~ f---____ ----,,,a_, 1 1 ; _, --------I II ';.._,, I -;-_ I ~ I '-----j ' I II !/ '-'-J 11 I'-'- xs>OZ /' I '- / ! I I I ,933.0 4 i, SPRING PARK, Hennepin ,ty, Minnesota. Pt. Road --------------------1----------7 4.REAS: AREAS: 7ot.::I l...O~ to ::JMW = J 2,728 st I, _,:,._ tc OHW-75· Zcne = 4,649 7 sf Lot 75' -250' Zone = 8,078.3 sf E~\.iSTING COND1 fION TOM KUBALAK #2617 {!ONT ENTRY ,. 950. ! ' Of BLOCK ., 94 g .O :i:;948.2 •' Fl).NA!LIN~ ~ CONCRETE / $/ .· !1/ I 8-~// ~i /' 1/ / ,:'I SUI I ~egend u ◊ " 0 r□ l~l x800.C ~aoo­ xeoo.orc x800.0TW x800.0(1_ Overhead Elec:tr!C Manhole Hydra!"!l Power Pole Concrete Concrete Curl, Dec iduous Tr~e Grovel w/Pol)• Under Lamir.ole Existing Spot Eievotion Existing Contcur Top of Curb )pot Elevo !ion Top cl Retain ng Wol! Elevation Ce nlerline ol Street Eie;otion • Denotes Iron Monu ment round O Oenot~s Iron Monument Set LAKE MINNETO\JKA WATER ELEVATION 928.7 P'RIL 7, 2008 OHW = 929 .4 41, SPRING PAR K, Hennepin ,ty, Minnesota. Pt. Rood (/ I // ,----------T---------T----------7 AREAS: I !\REAS : I AREAS: I ! Tota l lot to OHW = 12.726 sf ! _.,t tc OHW-75· Zone = 4.649 .7 sf I Lot 75' -250' Zone = 8.078 .3 sf EL~ISTING COND1TION TOM KUBALAK SUF APOITfON S -·- 12e11 FRONT ENTlfY • 950 I TOP or BLOCK • 949.o ~···~ ~/1~ G; / v .. · I ;· J I I 0 u (> ., 0 r-c ~ xB00.0 -aoo- x800 .0TC xBOO.OTW ,800.0<t .uegend Overhead Elec:tr!c Manhole Hydrant Power Pole Concrete Concrete C:.rrb Deciduous Tree Grovel w/Po l U y nd er Laminate Existing Spot Eievotion Ex isting Contcur Top of Curb )pot Elevotiori Top of Retain ng Woll E! . Centerline of -evotion ::::,treel Elevation Denotes Iron Monument Found Denot~s Iron Monument Set LAK E MINNETO~KA WATER ELEVATION -OHW = 929.4 -928.7 P'RI L 7, 2008 7 41' SPRING PARK ,ty, Minnesota. ' Hennepin Pt. Rood r--- AREAS: ! Total Lot to OHW = 12,728 sf .., ~ ------------~ 2 ;/ /·/ $ ~ 0, " I (;? ! I I . ,? o? T ------T------ 1 ~REAS: 1 AREAS: _,,t to OHW -75 ' Zone = 4,649 .7 sf I Lot 75'-z 50 , 2 one =-8.078.3 sf 7 I I /261 ? FRONT ENT Top or BL;I<. 950.1 • 949.0 SUF : .. P. ' I J / ! ,'. / PC Exhibit I I I \ I \ \ \ \ . ·····--·--· ------------------------~ I;'.: I i ! ·, / " ;_, :r: PC Exhibit J MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. / ./ ing Commission met on the above-mentioned date with the follo ~members present: Chair Ra h Kempf; Commissioners Dick Kroeger , Michelle Winer, a m Kang , Loren Schoenzeit, Tess Rice , nd Alternate Janice Berg. Representing Staff were Janner Evelyn Turner and Recorder Jackie Young . · Council Representative Cynthia Bremer s present. Chair Kempf called the meeting CONSENT AGENDA There were no public comments regarding thi~.-applica · n . Chair Kempf closed the public hearing a~ p.m. Kempf moved, Schoenzeit seco ed, to approve the Consent Age'nda as amended. VOTE: Ayes 7, Nays 0. *1. APPROV AJi6F PLANNING COMMISSION MEETING MINUTES'OF JUNE 16, 2008 /~ ' Kempf mov~, Schoenzeit seconded, to approve the minutes of the June 16, 2008, PlannJng Commi/ meeting as submitted. VOTE: Ayes 7, Nays 0. r USINESS 2. #08-3367 TOM AND PATTY KUBALAK ALONG WITH SHARRATT DESIGN AND COMP ANY, 2623 CASCO POINT ROAD , VARIANCE, 6:06 P.M. -6:53 P.M. Tom Kubalak, Applicant, was present. Turner stated the applicants are proposing to construct a replacement residence and are requesting the following variances: 1. A lot area of 0.29 acre when the minimum is 0.5 acre; 2. A lot width of 60 feet when the minimum is 100 feet; 3. A 5 .88 foot setback from the northerly property line when a 10 foot setback is required ; 4. 45.4 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent; 5. 1 7.4 percent structural coverage when the maximum allowed is 15 percent. Turner illustrated the location of the existing residence and the proposed residence on the overhead projector. The existing residence is a walkout rambler that was constructed in 1965. The detached three-car garage was constructed in 1967 and received street and side setback variances . The proposed PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continu ed) house consists of two stories with an attached two-car garage and a walkout basement. The width of the property is 40 feet Iess than the minimum and the area is 58.4 percent of the minimum. Turner illustrated the location of the existing garage and the proposed garage on the overhead. The garage portion of the structure is proposed to have a 5 .88 foot side setback. The living space portion of the house would have the minimum 10-foot setback. The applicants are requesting a structural coverage variance to allow for an additional 309 square feet above what is normally allowed. Turner noted the City currently has a number ofresidences that have been constructed on 50-foot lots that are in compliance with the 10-foot side setbacks. Planning Staff does not recommend approval of the requested variances because in Staffs opinion it is excessive for what is necessary to allow for reasonable use of the property. Staff would support the lot width and lot area variances in conjunction with a smaller hardcover variance. Turner noted there are no adjoining lots available for sale at the present time that could be purchased and combined with this lot in order to make it a larger lot. Mr. Kubalak addressed the Planning Commission regarding his application, noting he purchased the property with the intention ofremodeling it. After reviewing their options, due to its deteriorating condition, they have determined their best option would be to tear down the existing residence and construct a new residence, which would also be consistent with what has occurred in their neighborhood over the past few years. Kubalak submitted the signed neighbor affidavits to Chair Kempf. Mrs. Kubalak commented that their neighbors are in support of the project. Mike Sharratt, Sharratt Design and Company, stated there are a number of inadequacies with the existing structure, including the visual impediment the garage causes when attempting to exit the property, that have resulted in the applicants electing to replace the existing structure and garage. The present structural coverage of the existing house and garage is 18.4 percent and they are proposing a reduction to 1 7.4 percent. In addition, current hardcover would also be reduced by approximately 20 percent of the overage or 45 percent. Sharratt noted they are adding a second story over a portion of the residence to accommodate two bedrooms as well as create a structure that has long-term viability. Sharratt requested the Planning Commission approve their application. Turner pointed out a portion of the hardcover referred to by Mr. Sharratt consists of mulch over plastic, which is typically not included in the hardcover numbers and is not included in Staffs report. Kempf opened the public hearing at 6:22 p.m. Jeff Essen, 2648 Casco Point Road, stated he is in full support of the proposed plans for this lot due to the fact that it reduces the structural coverage and hardcover on the lot. Essen indicated they have lived PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) across from this house for 22 years and that it has deteriorated over the years and that he and his wife are in full support of the proposal to improve the property. Essen suggested the Planning Commission consider the significant level of traffic that traverses on Casco Point Road when looking at the hardcover on the lot and that he would suggest additional hardcover be allowed so the Kubalaks have sufficient room for off street parking and safe access out of the property. Joan Marquardt, 2617 Casco Point Road, indicated they are also in favor of the proposed improvements. Marquardt stated the Kubalaks do have problems with water in the basement and that there is a lack of on-street parking available on Casco Point Road. Marquardt concurred that some additional hardcover for parking would be beneficial. Bruce Hedblom, 2601 Casco Point Road, indicated he has reviewed the plans, has spoken with the Kubalaks about their proposal and that he is in full support of the project. Hedblom concurred that it is extremely difficult to see around the current garage prior to exiting the property and that some additional parking area/turnaround area would be reasonable and offer better safety. Chair Kempf closed the public hearing at 6:28 p.m. Kempf acknowledged the support of the neighbors for this proposal and thanked them for attending tonight's meeting . Kempf pointed out the Planning Commission has the obligation to look at the application when new construction is involved to see how this property can be brought into conformance with City codes. Kempf stated he is not opposed to the lot area and lot width variances but that the Planning Commission will need to see whether the setbacks and structural coverage can be brought into compliance. Kempf recommended the applicants look at their options for reducing the structural coverage and hardcover on the lot, noting that the City of Orono typically does not grant variances to structural coverage unless a hardship is demonstrated. Kroeger stated the Planning Commission has to look at this application as if the lot was an empty lot and determine how a new residence could be constructed on this lot without the need for variances. Kroeger indicated he would be in favor of the lot area and lot width variances but that the applicants will need to reduce the structural coverage and hardcover. Kempf commented it is not unusual for the homeowner to look at what is being improved when presenting their application but that the Planning Commission is obligated to look at the City's ordinances and determine whether a hardship exists to grant a variance. Winer suggested the applicants consider tabling their application to look at their options for reducing the structural and hardcover numbers due to the negative impact hardcover has on the environment. Winer indicated she is in favor of the lot width and lot area variances . Schoenzeit stated in reviewing the applicants' proposal , it appears that the house could be reduced in size to bring the house into conformity with structural coverage. PAGE3 MINUTES OF THE ORONO PLANNING CO1\1MISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) Berg concurred with the comments already expressed by the Planning Commissioners. Kang stressed that the applicants will need to look at reducing the structural coverage and hardcover. Rice concurred with the previously expressed comments of the Planning Commissioner . Kempf noted Staff's report states the following: "A house constructed at the minimum setback from the road, it would require 430 square feet of hardcover for the driveway, leaving 1,545 square feet for a house. This would place the house 35 feet behind the average lakeshore setback. If the driveway were lengthened to place such a house at the average lakeshore setback, hardcover would be about 28.5 percent. Hardcover variances allowing more than 40 percent hardcover in the 75-250 zone for new houses has been limited to lots smaller than 10,000 square feet." Kempf stated in his view the applicants' plan should be revised. Mr. Kubalak stated the original intention of setbacks was for fire protection and that there is more than ample spacing between the two homes. Kubalak pointed out the Marquardt home is 1.5 feet from the Hedblom property and that variances have been granted in the past to setback and that they are attempting to make it consistent with the neighborhood. Kubalak stated the current residence is not suitable and needs to be replaced given the multitude of problems that exist. Kubalak stated he would not be permitted to construct a three-car garage to replace what he currently has. Turner noted according to state statute, the applicant would be allowed to replace the existing garage within the same footprint as long as it is completed within six months after it is removed . Kempf stated that would also apply to the house. Kubalak noted they are proposing to make the house more conforming but that they require some living space to accommodate their large families . Kubalak noted they are proposing to reduce the garage from three stalls to two stalls and are willing to reduce the width of the driveway. Kubalak stated he is aware of a number of variances that have been granted in the past by the city for similar requests and that in his view what they are proposing is reasonable for the lot. Kempf noted the proposed hardcover is 45 .4 percent and 17.4 percent structural coverage . Kempf stated given the size of the lot, in his opinion the size of the house should be reduced . Kempf stated the City seldom grants a variance for structural coverage and that the City attempts to limit the amount of massing on a lot. · Kubalak noted his neighbor was recently granted a variance. Gaffron noted Staff has compiled a list of lakeshore properties that had new construction in the years 1999 to 2004 . The City 's records shows a variance was granted for 2683 Casco Point Road , which is not in close proximity to this property . Gaffron noted there were no variances granted for structural coverage for all of the lakeshore properties listed during that time period and many of the properties were limited to 1500 square feet or less on structural coverage. As it relates to hardcover , Gaffron noted there are three lots that are equivalent to this lot. Those lots were granted hardcover ranging from 19 percent to 33 percent hardcover overall, and within the 75-250 foot area , they were allowed 25 to 30 PAGE4 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) percent hardcover. The approved footprint ranged from 2150 to 2370 square feet, with hardcover being less than 30 percent. Gaffron stated he concurs with Planner Turner's recommendation and that it is very seldom that the City grants a variance to structural coverage . Kubalak asked what the city considers reasonable. Kempf noted he did read the statement from the staff report. Kempf pointed out that if the house were located at the average lakeshore setback, the hardcover could be reduced to 28.5 percent, which in his mind would be reasonable. Kubalak asked what the average setback is from the lake. Turner illustrated the average lakeshore setback line on the overhead. Kempf noted the applicant's house is at the average lakeshore setback line, but that in his view hardcover at 28.5 percent would be reasonable for this type oflot. Turner stated the statement refers to the square footage of the allowed hardcover in the 75-250 foot zone, and if the house were located at the minimum setback from the street, it would allow for a house consisting of 1545 square feet , which would put-it behind the other houses. Kempf stated the 28.5 percent would allow the applicant to locate the house at the average lakeshore setback. Schoenzeit suggested the applicant look at the total lot area and multiple it by the 15 percent structural coverage, which would give them the maximum structural coverage allowed on this lot. Joan Marquardt asked if the driveway could be constructed out of pervious pavers. Kempf stated the use of pervious pavers has been discussed at the city over the years but that given its limitations, pervious pavers would still count as hardcover. Kempf stated it appears the consensus of the Planning Commission is that the size of the proposed residence is too large and that the structural coverage should be reduced. Kempf asked whether the applicant would like his application to be voted on tonight or tabled for redesign. Kempf noted the applicant could take his application before the City Council even if the Planning Commission recommends denial of the variances. Kubalak stated he would like to have his application tabled . Kubalak noted the Marquardts were granted a variance for a 1.5 foot setback in 2001 and that he is having some difficulty understanding the issues relating to equality between the two. Kubalak noted he is asking for five feet. Turner noted the Marquardts constructed a second floor addition. Kroeger stated the two main issues that the Planning Commission is looking at here are the structural coverage and the hardcover. PAGES MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) Kempf stated he is unable to respond to the specific example cited by the applicant but that the Planning Commission needs to look at the potential impact a variance could have in the future should this area be redeveloped as well as the impact it would have on the neighbors. Kroeger moved, Schoenzeit seconded, to table Application #08-3367, Tom and Patty Kubalak along with Sharratt Design Company, 2623 Casco Point Road, to allow the applicant time to revise his plans. VOTE: Ayes 7, Nays 0. 3. #08-3370 BARB AND KEVIN DULIN ALONG WITH J. SVEN GUSTAFSON WITH STONEWOOD, LLC, 6:53 P.M. -7:22 P.M. Sv n Gustafson, Developer, and Kathy Alexander, Designer, were present. Turner stated the applicants are proposing to construct a replacement residence and are requesting a hardcover yariance to allow 34.42 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent. The applicants are also requesting a conditional use permit for grading within the 0 to 75 foot zone to allow rearrangement of the floodplain on the property. Turner illustrated the existing residence on the property on the overhead. The current house was originally constructed in 1934, with additions in 1955 and 1988. The floor of the crawl space under the original part of the house and the garage floors are lower than the minimum elevation for properties within or adjacent to the floodplain. Floodplain regulations require that the entire house be brought into compliance with the elevation requirements once the cumulative value of additions and remodeling since the City's initial adoption of floodplain regulations exce~ds 50 percent of the value of the structure. The property is over or very close to this limit due to the additions that have been constructed ' over the years. / ,. ,, The proposed house would be one level except for a second level over the garage. It would be slab on grade construction. The lot would also contain a pool. The applicants are required to maintain the same flood storage capacity on the lot. The City Engineer has reviewed this application and has recofurnended certalll items be completed as it relates to the drainage and grading. A permit would also be required from the Minnehaha Creek Watershed District for placement of fill in the floodplain ~ / Planning Staff recommends the variance not be granted as it would not constitute a hardship to redevelop the property wit9out the variance. Staff recommends the conditional use permit be granted if the site plan is revised t.9 eliminate the hardcover variance. /,,- Sven Gustafson a~dressed the Planning Commission regarding the application, noting that they may be limited to posstJ;>fy 10 percent of value if they remodeled, which would make it difficult to make any improvements 'to the existing residence. Gustafson stated the location of the floodplain takes up a large portion of,the 75-250 foot zone and makes it a difficult site to work with. Some of the other difficulties of the site are the low elevations of the site, the high water table, and the sewer easement that crosses the property, which prevents the house from being located closer to the street and creates a hardship. / PAGE6 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. ~ ORA 2. #08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, VARIAN CE, 6:10 P.M. -6:53 P.M. Tom and Pat Kubalak, Applicants, were present. Turner noted the Planning Commission has reviewed this application twice previously, with the proposal ~ .. '-c~ being tabled at the August meeting to allow the applicants to revise their plan~ om cons · c on o a new •5~0.4 ~v pl'"'• house to adding to the existing hou~ The applicants ropose to add an attached garage and to add a second story over tlie portion of the house and garage tha is not within the 10-foot setback from the north property line , convert parts of the existing deck to a screen porch, and to convert the remainder to a single-story addition with a basement and roof-top deck. Turner noted state statute requires that there is no increase in the nonconformity. The applicants are now requesting the following variances: 1. To replace the detached garage with an attached garage and widen the stairs to the deck, maintaining 18.P1 percent structural coverage when the maximum allowed is 15 percent. 5 2 . To add arid remove hardcover within the 750-250 foot setback resulting in 44.7 percent hardcover when 49 .7 percent exists and the maximum allowed is 25 percent. 3. To change the shape of the roof over the portion of the house that is within the 10-foot setback from the north property line. 4. To add a roof and screen walls to a 4 x 6 foot portion of the deck that is within the 10- foot setback from the north property line. Turner displayed photographs of the existing structure and a view of the neighboring property . . Planning Staffrecommends·approval of se,me level ofB:111dco9'er Md st:ructmal coverage varianee~and .j-\J\Q. · approval o~ screen por.c.h..Yar.iaru<f:s PJ auning Crni ssign sho~emlifle-the-appr-o-priate-%i-z-e.fru:..the ~- PAGE2 of21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. ~ DR 1. Approval of the structural coverage variance to allow the steps to be widened and an attached garage to replace the detached garage, but with a reduction in the depth of the garage to the extent the Planning Commission determines appropriate . 2. Approval of the hardcover variance, but with a reduction of the driveway width to 16 feet and elimination of the turnaround area. Staff would recommend use of mitigating measures such as permeable pavement and/or rain gardens if feasible. 3. Approval of the setback variances for the change in the roofline and the extension of the screen porch over the deck, conditioned on the screen porch not being converted to a glazed porch or living space . Turner noted the recommendations would be subject to the applicants submitting an updated survey and grading plan acceptable to the City Engineer prior to the application proceeding forward to the City Council. Kubalak stated they elected to proceed forward with their application following the recommendation of the Planning Commission at the August meeting : Kubalak distribqted a sketch depicting the garage and a portion of the residence. The depth of the garage is proposed at 30 feet , which would allow 25 feet for the vehicles and 5 feet for a bathroom and closet. Kubalak stated it would be difficult for them to reduce the size of the garage because it also accommodates vent work to the third ~.le..c.l. In addition, they have reviewed their options for reducing structural coverage and hardcover. They would be willing to incorporate pervious materials for the patio and sidewalks. Kubalak noted the four-foot extension on the side of the garage is only for the garage and does not extend down the side of the house . The poly and rock would also be eliminated. Turner noted the existing hardcover levels contained in Staffs report does not include the poly and rock. Kubalak stated they would also be willing to eliminate the turnaround area if they are allowed to retain the 16-foot wide driveway area. Kempf asked when they anticipate starting construction. PAGE 3 of21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. ~ ORA Kubalak stated they had originally anticipated starting in October, which is no longer possible at this point. Mrs. Kubalak noted their road will be under construction next spring and that they would like to commence construction as soon as possible this fall . Chair Kempf opened the public hearing at 6:27 p.m. There were no public comments regarding this application. Chair Kempf closed the public hearing at 6 :27 p.m. Winer stated she would be in favor of the setback variances and the hardcover variance . Turner stated pervious materials would still be considered hardcover and would not change the calculations. Bennett asked whether there will be a full basement under the garage. Kubalak stated there would be and that the whole purpose behind the remodeling is to gain storage area. Kempf indicated he did review the minutes from the August meeting and compared it with what is currently being proposed. Kempf noted the proposed structural coverage and the hardcover have increased from the previous proposal and that the applicants had indicated previously that their residence was not desirable to live in. Kempf asked whether the applicants would prefer to go with their original plan or with the plan they are proposing tonight. Kubalak stated they would like to go with what they are proposing tonight. Kubalak stated their neighbors are in agreement with the current proposal. The widening of the driveway from the eight feet to 16 feet helps them overcome some of the safety concerns that were raised at the previous meeting. PAGE 4 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. Bennett expressed concern regarding the 30-foot depth of the garage. Kubalak asked what Commissioner Bennett's objection is to the depth oftne garage. Bennett stated it was her understanding there was an increase in the structural coverage. hf.II$• Kempf noted the applicants are allowed to maintain the existingi ootprint. Turner stated that is correct and that Staff is recommending the Planning Commission look at the size of the garage to determine if it is appropriate. la..v Winer noted a bathroom and the heating and cooling to the third f.leeio were being accommodated in the garage. Bennett stated if the structural coverage is over the allowable limit, there should be a reduction in either the size of the garage or in the footprint of the house . Turner stated the existing house is 1219 square feet, the deck is 432 square feet, plus 21 square feet for the steps up to the deck, and the existing garage is 63 7 square feet. A portion of the deck would be converted into living space. As it relates to structural coverage, the deck is already considered part of the house. As it relates to hardcover, the proposed house consists of 1435 square feet and the proposed garage is 660 square feet. ~~ Kempf stated the previous plan eliminated the,rariancej and was closer in complying with the structural coverage and hardcover limits of the City. Kempf recommended the applicants consider going back to their original plan and reducing the structural coverage and hardcover as much as possible. Kubalak indicated that their attempts to make revisions to their plan to comply with the direction of the Planning Commission have been expensive and time-consuming and that they were told they would be allowed to keep the same size garage as they currently have. Mrs . Kubalak noted state statute allows them the same footprint as what they currently have. PAGE 5 of21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 15, 2008 6:00 o'clock p.m. ~ DRA Kempf noted the statutes have recently changed and that the Planning Commission is still adapting to those changes. Kempf stated the Planning Commission reviewed the original plan, which is no longer in front of the Planning Commission, and asked whether the applicants would be able to proceed forward to the City Council with their previous plan. Turner stated the Planning Commission was pretty clear that they did not prefer thl<ir~~\ proposal at the last meeting but that they could make an advisory recommendation on tonight's proposal, followed by an advisory recommendation on the ~ proposal. >€.CCAl\ol . Bennett asked what the hardcover calculations would be if the garage is reduced to 25 feet. Turner indicated it would only reduce the hardcover slightly and would reduce the structural coverage by approximately one percent to make it 17 .5 percent. Kubalak stated the hardcover would be reduced to 42 percent. Schwingler moved, Winer seconded, to recommend approval of Application #08-3367, 2623 Casco Point Road, in accordance with Staff's recommendations for Items B and C, and to approve the 30- foot depth of the garage as proposed fe&ii:J.bt. VOTE: Ayes 4, Nays 2, Kempf and Bennett Opposed . Kempf indicated he would like to see the applicants proceed forward with their original proposal. NEW BUSINESS 3. #08-3377 SCOTT HOCHSTEDLER, 290 CRESTVIEW AVENUE, VARIAN CE, 6:53 P.M. Scott Hochstedler, Applicant, was present. PAGE 6 of21 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com October 7, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: -#eonestroo We have reviewed the proposed grading plan for 2623 Casco Point Road dated 9-29-08. The plans propose to rebuild a single family home with a new attached garage. We have the following comments with regards to engineering matters: • The proposed 942 contour to the west of the house crosses the 940 contour line. The grading should be revised in this area. The maximum allowable slope is 3:1. • Plans should be revised along the south property line in the area of the 942 contour to show a maximum slope of 3: 1. • More information, such as spot elevations, should be provided along the proposed driveway to indicate how it will drain. • Engineered design drawings will need to be provided for review for all retaining walls over 4 feet in height. In this case, any loading issues with the storm sewer passing under or through the retaining wall should be addressed. • The proposed catch basin type, pipe size, material, slope, end treatment, and invert elevations should be provided for the storm sewer. Storm sewer calculations should be submitted for review showing the system's ability to adequately protect the home from flooding. • The plan should indicate some form of energy dissipation to be used at the outlet of the storm sewer on the lake side of the house. • The MH shown near the driveway should be identified and any inlets and outlets should be shown on the plans, along with elevations. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg Date: To: From: September 29, 2008 Darren Amundsen City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Revised Grading Plan 08-3367 Thomas P. and Patricia M.Kubalak 2623 Casco Point Road Please review the enclosed grading plan. They have changed their proposal to be an addition to the existing house rather than a new house, although they will rebuild the existing structure as part of the process. This is another one for the October 13 City Council meeting, so I would need comments by October 7. Evelyn M. Turner From: Sent: To: Cc: Subject: Matt: Evelyn M . Turner Wednesday, September 24, 2008 4:39 PM 'wblandsurvey@aol .com' 'Amundsen, Darren T'; Tom Kellogg RE : Casco Pt. Rd. -Kubulak Residence I don 't know what the maximum slope without a reta ining wall is . I think the maximum mowable slope is 3 : 1. You might try Darren Amundsen at Bonestroo (651-604-4894) but he will probably want you to submit something to react to . If you contact him you need the following info : Bonestroo file No . 000139-08000-1and the City 's file No . is 08-3367 . Moving more than 10 cubic yards in the 0-75 foot lakeshore zone triggers the need for a Conditional Use Permit. I don't think they want to go there . Also , there is a sidewalk that comes very near the property line along side the steps to the deck on the property to the south . Please add it to your survey as it may impact drainage . Evelyn Turner From: wblandsurvey@aol.com [mailto:wblandsurvey@aol.com] Sent: Friday, September 19, 2008 3:42 PM To: Evelyn M. Turner Subject: Casco Pt. Rd. -Kubulak Residence Evelyn, Woody wanted to give you some foresight with the Kubulak site , He wants a flat spot for about 20' in back of the house. Redarding any grading what is the maximum slope allowed to grade towards the lake . Thanks and have a good weekend . Matt Brown Find phone numbers fast with the New AOL Yellow Pages ! 1 company September ~9, 2008 Ms. Evelyn Turner City of Orono 275q_ Kelley Parkway Crystal Bay, Minnesota 55323 ~e: Tom & Patty Kubalak: Variance Dear:_ Evelyn: , · '. Per your conversation with Keri Gro'ss at our office, this letter serves as clarification that Sharratt Design & Company is no longer the author of the design and variance requests for Tom & Patty Kubalak. Changes have been made to their drawings that are no longer representative of our work, despite the fact that our name and title block are yet showing · on the last two submissions. ' Sharratt Design & Company did respectfully resign from their project on August 19, 2008. Should you have any questions, please feel free to contact me at (952) 470-9750. Thank you.· • · I Sin~erely, ~ Michael D. Sharratt 464 Second Street Suite 1 0 0 E x c e 1 s i o r , .M N 5 5 3 3 1 phone 952.470.9750 fax: 952.470.8407 website: sharrattdesign'.c om • email: info@sp.arrattdesign.com ...;-~ . ·-\ ,;:,,,,=~' HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck 3 o/ 0-75' X X X X X X X X X 7 (57EPS) x F. Landscape Underlain By Plastic G. Retaining Walls H. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X 75-250' 250-500' = Width = = = = = = = // = .3 = = = = = = A ______ + B _____ x 100 = ,,-·,/ I f ', 1, l {._ ,_ r..::; -r r ;!f'•/~--T Z=) ~ , cl l PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length 30 /2 ,0 C> TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X + B Width 2.. z_ ZD j f 8 3 = = = = = = = = = = = = = = _____ x100 = 500-1000' /2/9 ______ S.F. ______ S.F. ______ S.F. ev_r;z i S.F. ' //77,f __,_I-= ,w"--___ S.F. ______ S.F. ______ S.F. ______ S.F. t./32= ______ S.F. ___ 2.~/ ___ S.F. :f .r' &;, ? -, -..o 0--'· t S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. '"I I/ """ _;. 1.LJ tsi. 6 S.F. A 80 7 8, .3 S.F. B __ e.,"'r._'t._· ..... ~ -..... ,_' __ % I 3 99 ______ S.F. ---~~_,& __ S.F. ______ S.F. 6~() S.F. I, ?Q . 1 I '--'U, 0 S.F. ______ S.F. 6')/_C) S.F. ______ S.F. I t./'f --~=----S.F. _ _.....1/_S°"=-__ S.F. /08 ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 3 /,·i_t.,l __ ..c:loc.;..l...__,,,.,._,--S.F. A Bo78. s s.F. s <-i~~l % Address : ~i:i.3 C.a. .. _o Po1n+ Roa..d Date : 1~ 30-0 8' I Pa+t7 Ku.btA. leit. /'-Prepared by : 1Drvt t HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' -75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = /).1'1 S.F. Length Width X = S.F. X = S.F. B. Garage X = l:.11 . t S.F. C. Driveway X = l <t 77. '::I. S.F. X = S.F. D. Sidewalk X = S.F. X = S .F . E. Patio/Deck X = ':i.~~ S.F. X = S.F. F. Landscape X = 583 , 7 S.F. Underlain X = S.F . By Plastic X = S.F. G . Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE 4s'i,. ~ S.F. A TOTAL PROPERTY AREA IN ZONE i:o,r. 3 S.F. B A ~ B X 100 = s,. f % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) l l<fi,1 A. House ~ X = S.F. Length Width X = S.F . X = S.F. , I ~~ B . Garage -,\:'.. X ~3 :1.~, = S.F. C. Driveway £,a, I X = lH~-S.F. X = S.F . D . Sidewalk X ~• s · = l,,o S.F . P.1) ~1fc! r.s ,J,,V,, f. I 3-X ~ = ' S.F. '-., k.c.sld. e ~~ ll " E . Patio/Deck ~ X = S.F. X ~ = 73.1, S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G . Retaining Walls X = -S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE .:~~ S .F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = . ~ .15 % = I --:-'"( .. ·"·/-'.f-Y.\~-tt,..,\:·..,},:<_~;::·:~.'i~_-,:_~ __ ,_.,~_;.½_:_;:,_,_ _,. :_;;;,;.i>L;;.;:.>~""(:,-C'""' =.i'J.,-,;.,-~·-.;;,,..,,,,~ >;"••-,·,.,, ... :.-r~-_ •c ,.s =· ,n.-G~ .. , .• ..__ ·,-.:...;_ ,_, ::---1-VG v: ,_,...,_ ,.,'-,.._,, _ _;__i ~ .. ,-__ ,,.,·,·,-·-·"-~---"--"""'-""'"-"'/' -,.--.,,...,,, ·-·-··-·-'----- i I. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August18,2008 6:00 o'clock p.m. The Oron Planning Commission met on the above-mentioned date with th~foll ing members present: Cha:· Ralph Kempf, Commissioners Kim Kang, Loren Schoenzeit, Tess Rice. Representing St were Assistant City Administrator for Long-Term Str $ gy Mike Gaffron, Planner Evelyn Turner, an ecorder Jackie Young. City Council Representa · e Mayor White was present. Commissioner Jon Sen ·ngler arrived at 6:15 p.m. Chair Kempf called the meet" by the Pledge of Allegiance . CONSENT AGENDA There were no public comments re Rice moved, Schoenzei econded, to approve the Consent Agenda as a Nays 0. *1. VAL OF PLANNING COMMISSION MEETING MINUTES OF Rice mo ed, Schoenzeit seconded, to approve the Consent Agenda as amended. VOTE: Nays . LDBUSINESS 2. #08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, VARIAN CE, 6:07 P.M. -6:41 P.M. Tom and Pat Kubalak, Applicants, were present. Turner noted the Planning Commission reviewed this application at its July meeting and tabled it to allow the applicant to make revisions. The applicants are proposing to construct a new two-story residence with an attached two-car garage and a walkout basement. Turner noted the applicants have made major revisions to their plans by reducing the size of the house and garage and eliminating the retaining wall. The changes have resulted in the side setback and structural coverage variances being eliminated and the proposed hardcover being reduced from 45 .4 percent. Turner noted the applicants made a significant error in their hardcover calculations by over-calculating the amount of hardcover and that the actual hardcover being proposed is 33.64. The applicant is currently requesting the following variances: PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2008 6:00 o'clock p'.m'. (#08-336 7 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, CONTINUED) 1. A lot area of O .29 acre when the minimum is O .5 acre; 2. A lot width of 60 feet when the minimum is 100 feet; 3. 33.64 percent hardcover in the 75 -250 foot zone when the maximum allowed is 25 percent. The hardcover proposed by th~ applicant includes the house, sidewalk, the landing at a lakeside door , and driveway. The proposed hardcover is 678 square feet more than the maximum allowed. The Planning Staff recommends approval of the lot area and lot width variances. Staff would also recommend approval of some level of hardcover variance to allow at least 29 percent hardcover in the 75-250 foot zone subject to a revised site/grading plan being approved by the City Engineer prior to Council approval. Patty Kubalak stated at the previous Planning Commission meeting their request for approval was denied based on the overage in hardcover. The hardships they have encountered are the overall size of the lot and the location of the garage as it relates to safety going in and out of the driveway. In 1959, the City of Orono approved the division of their lot into two lots . Given the current restrictions on hardcover, it is difficult to construct a residence that meets the hardcover limits . Kubalak stated the overall amount of the structural coverage has been reduced to 15 percent and have eliminated the side yard setback variance. They have also reduced the proposed hardcover by approximately 10 percent but are still faced with the safety concerns relating to the current garage and nonconformities with the garage setbacks . Kubalak commented they feel they have done their best to meet the direction of the Planning Commission and the requirements of the City . Kempf opened the public hearing at 6: 17 p.m. There were no public comments regarding this application. Kempf closed the public hearing at 6: 17 p.m. Schoenzeit stated the house from the street now meets the 30 -foot setback and asked if it could be located closer to the lake. Turner stated the house is currently proposed to be 67 feet from the street, which is 37 feet more than what it would have to be. Schoenzeit noted the structural coverage has been reduced to 15 percent. Kempf commented the applicants have made great progress, unless the Commission thinks the maximum structural coverage should be allowed, but noted that Staff is recommending the hardcover be further reduced to 29 percent. Kempf noted the City's ordinances state that new construction should be at 25 percent, but that due to some limited hardships of the lot, Staff is recommending hardcover at 29 percent. Kempf stated he would like to see the hardcover reduced to the 29 percent and recommended the applicants consider tabling their application to make further reductions in hardcover. Schoenzeit asked if this house is closer to the lake than their neighbors . PAGE2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, CONTINUED) Turner indicated it is not and illustrated on the overhead the location of the Kubalak residence and their two neighbors. Schoenzeit asked where Staff would like to see the house located. Turner stated in order to meet the 15 percent structural coverage and 25 percent hardcover limits, you would have to locate the house much closer to the street. Schoenzeit stated in his view the 15 percent structural coverage allows a reasonably sized house and that the applicants should look at the location of the house in an effort to reduce the hardcover. Patty Kubalak pointed out the existing garage is located eight feet from the street. Schoenzeit commented he is not suggesting that the house be located right at the street setback but that it could be located closer to the street to reduce some of the hardcover. Kempf stated the average lakeshore setback is an important consideration for a house located on Lake Minnetonka and that it is a design decision the applicants will need to make. Kang cortunented -she ·does concur with the applicants that to locate the house 16 feet from the street would create a safety issue and that it should be located further away. Rice noted there would still be a reasonable use of the house and lot if the hardcover is reduced further to the 29 percent being recommended by Staff. Schoenzeit asked how many feet the house would need to be moved closer to the street in order to meet the hardcover requirement. Tom Kubalak commented if they relocate their house to conform to the 29 percent hardcover, it would move it closer to the street by approximately 30 feet, which would be into the middle of the adjoining structure and would impact their sightlines of the lake. Turner stated the house would be sitting behind the neighbor's house, particularly the house to the south. Kempf stated he understands the applicants would probably prefer not to do that, but suggested the applicants look at perhaps a combination of relocating the house and reducing the hardcover in some other fashion . Kempf asked whether the applicants would like their application tabled or have it proceed to a vote. Kempf noted the Planning Commission is an advisory body to the city council and that the City Council could grant the additional hardcover even if the Planning Commission recommends denial. Turner commented the applicants may encounter a few more drainage problems if the house were relocated given the small size of the lot. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 18, 2008 6:00 o'clock p.m. (#08-3367 TOM AND PAT KUBALAK, 2623 CASCO POINT ROAD, CONTINUED) Tom Kubalak noted they have already reduced the size of their structure by approximately 400 feet. Kempf commented the applicants started high on the hardcover initially, which is perhaps not the best strategy. Patty Kubalak stated they were following the advice of their designer but did take it upon themselves to reduce the hardcover. Kempf stated the applicants have the option to construct a house that is taller but that he does not necessarily prefer to see a smaller footprint with another half-story or story added. Schoenzeit asked if the Planning Commission would be in favor of preserving the proposed footprint but relocating the house to the minimum setback at 30 feet, which would reduce the driveway hardcover . Kempf asked what the location of the house would be to the average lakeshore setback if the house were located 30 feet from the street. Turner illustrated the location of the house on the overhead and the location of the two neighboring residences. Turner noted there is a slope in that area, which may require some retaining walls or extra fill, and may eliminate the walkout. Tom Kubalak asked whether he could relocate the garage. Kempf stated it is his understanding it would need to be built within the existing footprint. Turner stated the applicants would need to request possibly a side setback variance and/or a hardcover variance. Turner noted there is no hardcover within the 0-75 foot zone and that relocating the garage may result in the hardcover being shifted on the lot somewhat. Kempf asked whether they have explored that option . Patty Kubalak stated they did but they thought that a reduction in hardcover would be better. Tom Kubalak stated they are also concerned about the hardcover and would prefer to have more grass. Kubalak noted there is virtually no place to store snow on the lot. The existing garage creates a problem with entering and exiting the lot. The existing house has deteriorated to the point where it needs to be replaced. Kempf asked whether the applicants would prefer the Planning Commission vote on the application or table it. Kubalak requested his application be tabled. Kempf moved, Rice seconded, to table Application #08-3367, Tom and Pat Kubalak, 2623 Casco Point Road. VOTE: Ayes 5, Nays 0. PAGE4 Date Application Received: 5/19/08 Date Application Considered as Complete: 6/4/08 Extended Review Period Expires: 10/2/08 To: From: Date: Subject: Chair Kempf and Planning Commission Members Evelyn Turner, City Planner August 18, 2008 #08-3367 Thomas P. and Patricia M.Kubalak, 2623 Casco Point Road -Variances Zoning District: LR-lC (0.5 acre) Lot Area: 0.29 acre Lot Width: 60 feet Application Summary: In order to construct a replacement residence the Kubalaks request the following variances: A lot area of 0.29 acre when the minimum is 0.5 acre A lot width of 60 feet when the minimum is 100 feet 33.34 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent The Commission tabled this application for revisions in July. The side setback and structural coverage variances have been eliminated and the proposed hardcover reduced from 45.4 percent. Staff Recommendation: Planning Department Staff recommends approval of the lot area and lot width variances and approval of some level of hardcover variance. Pertinent Zoning Ordinance Sections 78-350 Area and lot width requirements in the LR-C zoning district. 78-1288 Hardcover List of Exhibits A. Application B. Hardship Documentation Form C. AreaMap D. Site Plan E. Building Elevations and Plans F. City Engineer's Report Minutes from July, 2008, are elsewhere in the packet. Background The property is a lot in a very old plat. The existing house is a walkout rambler that was constructed in 1965 on the foundation of a house damaged by the Navarre tornado. The detached three-car garage was constructed in 1967 with street and side setback variances. The proposed house would be two stories with an attached two-car garage and a walkout basement. FILE 08-3367 August 18, 2008 Page 2 of3 LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 0.29 acre Lot Width 100 feet 60 feet Setbacks: Required Proposed Lake Average lakeshore Average lakeshore (84') Street 30' 67' North Side 10' 10' South Side 10' 10' Structural Coverage: Allowed Existing* Proposed 1,910 s.f. 15% 2,307 s.f. 18.1% 1,909 s.f. 15% * With size of deck corrected by Staff Hardcover*: Hardcover Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover** hardcover 0-75 4,649.7 s.f. 0 s.f. 0 s.f. 0 0% 75-250 8,078.3 s.f. 2,015 s.f. 4,009 s.f. 2,693 25% 49.63 % 33.34% Total for 12,728 s.f. 2,015 s.f. 4,009 s.f. 2,693 Property * Corrected by Staff as the Applicants' calculations overstated the size of the driveway and sidewalk. **Not including any plastic or fabric under landscaping. Variances Lot Width and Area -The width of the property is 40 feet less than the minimum. The area is 58.4% of the minimum. Hardcover -Hardcover proposed includes the house, sidewalk, the landing at a lakeside door, and driveway. This is 678 square feet more than the maximum allowed. Hardship Statement s.f. s.f. s.f. Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, FILE 08-3367 August 18, 2008 Page 3 of3 light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Can reasonable use be made of the property without the hardcover variance? The lot width and area variances are necessary for construction of a new house. Such variances are routinely granted in situations such as this when there is no property available to enlarge the property and there is an existing house on the property. A house constructed at the minimum setback from the road would require 430 square feet of hardcover for the driveway, leaving 1,585 square feet for a house and sidewalk. This would place the house 37 feet behind the average lakeshore setback. If the driveway were lengthened to place such a house at the average lakeshore setback hardcover would be about 28.75 percent or about 300 square feet more that the maximum allowed. Can a hardcover variance be justified because it is necessary to achieve the maximum allowed structural coverage? Applications often imply there is a contradiction between the structural coverage regulations and the hardcover regulations because they both regulate impervious surfaces. While structures are impervious surfaces, the function of the structural coverage limitations is to regulate, in conjunction with the height and story limitations, the mass of structures. The primary purpose of hardcover regulations is environmental protection. It applies only to properties within 1,000 feet of certain lakes and 300 feet of certain creeks. If the Commission determines it is reasonable to allow the property 15 percent structural coverage the only way to accomplish significant hardcover reductions would be to move the house closer to the street or change the shape of the house to lengthen the garage wing and reduce the width of the lakeside portion of the house. Minor reductions could be accomplished by narrowing the sidewalk along the side and to the front of the garage. The Commission may wish to consider what improvements the applicants could make to the property without variances. The existing house and deck could be replaced by a two and a half story house as long as the new house was in the same location and the second and half stories did not extend above the portion of the existing house and deck that is within the 10 foot side setback. (The existing deck and area could be converted to enclosed living space.) Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot width and area variances and approval of a hardcover variance to allow at least 29 percent hardcover in the Oto 75 foot zone subject to a revised site/grading plan being approved by the City Engineer prior to Council approval. City of Orono Variance Application PC Exhibit A REC~n-· · MAY 2 1 i C!TY OF QF,c; ,\i Street Address: 2750 Kelley Parkway Orono, MN 55356 .,.o "7<2 . ·7 Application # CtJ -.::> .....)0, ~ Date Received: Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 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: '7,-(,:,;?~ .:?-k;7PO p,:,r f f•.Jr fZ.o,,f-0 Property Identification Number (PIN): Date Property Acquired (month/year): ____ □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: r:;;J V\J t,i e.,,:;:i,__ l;v Vhf-:,;; v P'P::bY.:::..r ~ --r $'f;~'t~-r.:o/'.;1'; -t-r-t,;;:1;::. GI_ ht,/ ~ C::.-0 1 Phone (home): ~s;;::.F-s;:~ 1 BfE;;_,.,;\_A./ "\ Phone (work): Cf l3Z4-7ci-q-r~;o Complete Address:· / ✓-,r b4 :z..,il.::.."a -:5t""' City, State & ZIP I ~y::,~~~c s&,(,t~-1 l1A . ../"-.J 60°'7:~ I Email: "1/ Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: --+:1-'-o"--A-"--J1'--'V1__;;:JP-_,_1~_7 ~1-_: _,_·r-'r----'--rf-,,,.----'j-..:'._U_,_._..,,~c..,-'--'h'--'L=---'--''~-'-•, .;...,_.,.... ___________________ _ Phone (hom'e): cf;.i;-z._ -4oi -~4[0 Phone (work):T """"b-----'-"(Z-'----__ :i_. =ib_1 -,....1_-_..-_,_·1_/_:::2.,.;...;,.;-_;_~_, __ _ Complete Address: -Z h;i.7 C:::Ac:.£br;J ~ff',,Jr P-&":,1~-v City, State & ZIP ~_,¼?..& !}.IO 1 /1h t--1 , · ½ pg I Email: 1 Fax: -------------------- DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): ~Ui?A L.-1:1/~ / f---JY-~.;.r-,l.0 -tz> (:21.~_j,Ae,'I.J£."ff ~~u~ i;:?-,L/;";;>'/T,t/6? )2E-t:f'f;/2.1 Oy.'.~~",rT:~Ec, · N.t> t,.J ~ C:.-oi J.J i~1z....,Vi 0,\/ h G'fv2...-uc"f\../ r~ A-No f7.2 ~¥·-;,~ ... ~~ l 1 1;.r t-rtr1r .A -14 -#336 REQUIRED SUBMITTAL$: .2 1 2008 All of the following information must be submitted by the application deadline date in order foCyt,Jbfr application to be processed. · · 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 your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Applicant's Signature: Date: -----------Applicant's Signature: Date: Owner's Signature: t'vJj,...,!,__ Date: .__')-..2/-o? Owner's Signature: Date: -15 -#3 7 RECEIVE rs MAY i1l ·; 2nn3 e,i, 1 hJ Ji uU: 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 Onlv: City Planner: af f (!, W\ Meeting Daie/Time: 5/:-1/09 I I PC Date: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: u-1.,,~ c::::'Ab(:'°t':2 YO\ i',\ r T?c~.£2 Property Identification Number (PIN): :Z.t:J -I l '-7 -..i:-,~ -.:2-4--.Pc? -.:;:,,,;z_ Zoning District: L-7--c..l Size of Property: 12-:Z-z:.;s "':>\- 1 ) DESCRIPTION OF REQUEST: □ Average Setback fe{Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' Ja'..Hardcover 75'-250' %. Lot Coverage fo(Lot Area ·□ Other: □ Hardcover 250'-500' ~ot Width □ Hardcover 500'-1000' Applicant's )1,;_· HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: . I" Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: p,&_ completed and submitted in conjunction with their formal variance application. Applicant's pr BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: (-incurred in review of this application and/or additional staff time not covered in Owner's f/! initial application fee, as well as provide an escrow in the amount Initials: $ 2 1€00 to guarantee payment of the above. OTHER INFORMATION: od V I Se d :s\y~ dVY A\ ('(Jvl(,,V Ff{ '.y l,u d I bz... (\ i ~h Cl, \ k *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: /k...,,;_, 't}I/. ,k~ J,,_t:_ Date: :::i--:J / -0:? Owner Signature: /J.tA.(..,{_v~ Jy/ .. i!vJcJ£<,t\ Date: ~-_).I -0 ;j> of -9 -#336 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) c.: ¢.,~\/ t'-f'( A-f<-a vtv~~97 of_'-_G_,._/_'7 __ u_·, _5-_c-_G_'' _1_11_'· /? d [priht name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ),l 7'3 ('i:rscv f + ~d. also referred to as Land Use Application No. ()'6 • ~')/., 1 Date A.,Lt Prope'rfy Owner {) iJ Date ********************************************************************************************************************************* have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM [print name(s)] hgve revie'A'~d the, p~ns for the proposed improvement or proposed use of the property located at ~' ! '"'" o/ .,., p / t // ! f . . ~ ,.., -,_ "'"' )' L,L,,,l-, ~' r ~'1i'5.<;c;, ;vc,,,;<,,,i,.,also re erred to as Land Use Application No, (.-,:,,, ~ ::5 _'.:'it,, I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvernentpfa,:i's and that the proposed neighbor's project or use requires Council approvaL ,..--,,.-..✓ /,/ /'! ,.</ , c:;,_~ J ,r 1l,l// l 11 c:_7" I 1 ~ 1~~-~/11··;~:,..1-~A:;,t/J 1:., c,_// /./·,,,.~ //~/4~:~·-~~t'/l----------;/ // 2-.1 I o \4/ ''Property Owner Date ********************************************************************************************************************************* I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __________ also referred to as Land Use Application No, ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approvaL Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date, -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM \ l(we) 1\\--c;_,'\_,\,,,\,--Ti~---~','" [print'name(s)) of ;;, L. ?i :;' ( \-:;y, ,:__c·,. ;_)T \<( C,:i [print address) ha;:~ reviewed "the plans for the proposed improvement or proposed use of the property located at ,1-(, n c:",s "o r1-Ra, also referred to as Land Use Application No. o 'i< -·; 31,, 1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval Property Owner ' i ':)-- Date Property Owner Date *************************************************************************************************************~******************* ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) /) ti) I ,l½/U IC { z; (t-t-'--{ 1 [print name(s)) have reviewed the plans for the proposed improvement or proposed use of the property located at 7., L ·2,._ -~ C P (?__ also referred to as Land Use Application No. 01 -3 ~ l .-1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. / 1 I i , . i -~ ! / , / ---) 1/ /' / /; / 1../ (> [Y{l Clt? /£/-r:,(,,C/,-,A,,,4/kl [7 -/ -() ~/ Property Owner "---.,1-' Date Property Owner/ Date ************************************************************************k******************************************************** PC Exhibit B RECEIVED MAY 2 1 2008 HARDSHIP DOCUMENTATION FORM CIT ··o--.. Y .) 1-· ORCJN() This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." u1.1v~f-Z-i"~ ,::1.p-r..::.1~L1-"rL ~1-n-t?-r-:it-o/ , 'trf6 P.1£,,ff-tZ;;; A---r,J'O f;;,r2! 1/EE.L,..r5ir.~~ pc:. ,a.,,vi I TFiLv7 ra ~ttr{~ p(-2,,Jy.J ~F:-T•··r"' ' ~:;. ~-.J f'-' cJ:r er~ £,-;? 1'1-+t f..J ti t~v , A-NP ~ttt"5 L ~ Vt·.J" ft.E?:;iA•:;# t~-1,A-t:;J,t,,6 ; t 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 1-1+5:: 1 ~A'~&i.LAr~"-( .1F rHe -~ t .r;-n~;t:::, 4iJ:2.vuru rz.e. hN r,:;;, ,1~ ,!-r,~J~r2~.t2 & I --r-"' ? P.G.,,":\fcf:'.~>~;; ,,t,--r1~ Uµ l ,,&.A.A. ~ -j-.,::; -f!,-ft 4 ( .q'~..71*;;,,::.z.. 't"-·f 'rn..J.JO 'fVor ?tf'--6~i~ o ..... f"' Yb-Hi# l,,,,hv~,;;,~JJr--~r:.'b. , 3. "The variance, if granted, will not alter the essential character of the locality." IF -.G-N-rJ-rtrd::~•, i1.-+E=-\;A:,,e..i/"t;--'~ w I G(.,. f 1<.i)P/2,r:,,1F nf,;;; ~b!i'r,..t,,itr· .. 1JEr.:;J.._ ~ "t7:d-r:"ii::. L.~?...+t-I ·r--1""' t2Y t;:.f;z,,,.;;;.-21¾ r l,J-e,. '-~ss .H&N...:... .c"6t:-lf'.'~:,a,;vt ft'-J-c.;. A'~✓ JC.:' M V?H Nt---o(.2..~ ~A'F~ , 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." -r/-1--8:. 6))/Jf'.Jf.if!fZ.. lb r-..1::rr lF'r.7-r:::Jr.:::,;,C$(N4:[ 7'-V '?J.,U/i-.p ,Ar-fv1F.:,1,.V /-h;A-1.~ ._fZ:> ""'5~ ci"2-/tArrl~;:. /IA//J,~.!'fa.,'--r. 1-f-I"'? ~YLA-$--&f "tV ( t---1 !,I~,-:; r·· k,•,r,' /¼-CJ f-.J'iri:'~(' / N-' 1 lfTE.. /SY,:(d.;;1f"1Wb t'-14'N-4NJ,F(:J'r'!,.11A HMC,,,,. b-:fo/vt.~ 1 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J .06, Subd. 2, when in harmony with this Chapter." N, t~, 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." ~ • .}~O !7~~:l--l/44ef:$. ,-~~~~, ~-:G"'l t,-.JG~ _J:::;.fiµ,4.;fj L-~,r ~·W.,e-i,~ ' ~,;."0-$ r,;,-;:;,f;:2 , -17 -#336 l"'<t:.I;EJVEO MAY 2 1 2008 CITY OF ORONO 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." /-__ ,-,.. ! 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." , }-...!.~ ,11'rkiFS--(.l-A-f;;,,J,qrZ::,e('J:f'"" ~P&:~1;-~( -I'd-fr-~ ·-t-bfe 6,v.,..t~r 4- t5' -(-'(1-U ,::>(""1./(fLS ✓ 9. "The conditions do not apply generally to other laqd or structures in the district in which said land is located." f 41 M r 1...-,i;.f'2.. -fv ~ ~ ./2-9 ov~ , '1 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." '-f"0"': 7'r!f-·i•:;, I -b ?,:;?r~~T / -t'~ 1°'P-Pif?C"7~,0 M~-4"'"? -t'lf;-r.-= ('t,rn:::i.,,J,,,,-r ~ r-f1,t,/~ -'7..A.T r-J1,,,vh C:-of1~E .A-NO ,. - 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." ~ ,.,--( -"'_;;, fJ,:J•r ?,-;,ftj/ V"f5/,-(v(~f-~•:§-·tr> i::;;;,v./ L-JD I\-Ft/ f..J? 1'-7, rJyvA_--t {'--I ~l.,J bfc;1t,q~=- / j.,?-~o c;.~-AJO /2-'{t;;;.,A'rZ-vP(/N,b -fr;f;,-t.,,,,11,1_,.t,,40{ ·+-3,~f-Ftr ~-,rK...i,;-;'1,,-,,;, Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): L ,/ -18 -#33 Hennepin County Property M;:in Print PC ExhibitC Hennepin County Property Map -Tax Vear: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate sur,ey performed by 3 licensed land surveyor. The perimeter and <1rea (square footage and acres) are approximates and may contain discrepancies. The information on tnis page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and ;5 not responsible for any misuse or ,nisrepresentation of this Information or its derivatives. 2S6~ 2599 I / / H Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area (sqft): Area (acres): A-T-B: Market Total: Tax Total: i JB 1560 2530 2580 2$90 2598 / _______________ -----~-------- I ,/ ,/ 38 ..-------------- 2660 2684 2618 2600 Date Printed: 7/16/2008 9:44:31 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: http://gis.co .hennepin.mn. us/H CProperty Map/Locator .aspx?PID= l 0 117233 l 0044 7/16/2008 "' "' \ "' "' ,,; \ \ {;? ~ '----\..--~.:;.."'--""---'r"---r----,')ZF~·~ - OT -----,---- l,_ 50' REF£RGlCE LINE \ 'J \ .. \ l; I i 140 •,•\• »;.,_,..¥a.","~ .. .,_--,,, ' . t ·;·-.· ... •,• •. , . . • .. ' . '· . +\I I J PC Exhibit D ~ I ·o I I I ' ),J . f' I-~ 0.... ( .,. (se.e S heed A 1 fo\" Y\C\rcicov<:r C,d ~u 1~ + ,~11 -s) D "V/ ~--... l/ 7 .. 30 .. oi Re.'1 IS Eb * vJ1'J.+h o+ hovse h~S beeri y-ed1,1.t.ecl -to 4 o 1 el1~1~4+1..;J fhe Y\e.ecl foY-+he Va.ria.n~e. on +he. Nart)'I side. f~.-a~ e :S:tde J o.f home. * l>ep+h o+ house ha.s be.en ii-rec:lu.~eJ bf 7' !l .. r . i !l ! . llll I§ " . if .';. ll . 'IQ .. • .• . rlf i ■ § 0, •v • _,,,,i,M•~ i 41< ILLILOl'I '11P '° PIIY' • __.. ecma, IS)rM r.7~-W'!C"P. ~c:::t:,11A1Bll!C.D ~AUI041.JD;ll"_...,AU:IIOAU.'f'AU.ITI ----0elilll:O'f"Uft;,eTAL2/MfQlt~O, .........,,.,. ... am..,~­_,. r.7L-.CIP-.~To•--..,ma,.1.t t.:.J..,,..ca;tM • ...,~-.......... ..... ~ .... -..-0...,ll'CIOIM l"IIIIOllttD,...._tl"AIITNl.-~AI.......,, r;l ,ev, CIDMIIIIUOCJTt TO • ......a,~ A. I L.:.JNJ1111QDaRtc:U)ff'Wl9-~1111!' ~,.,....,.AG...,.-contflMIIII: lO ..... •.-...n..•cet.11.WA1. r.;J CDRNDlt "C(9111U• ~ W9ff TOIXTltCN.&. t.::.J~i,---m,,. 0~TOl'-~,."11M\l------·l'll•.l."I mnl!lllCZP.tR 'llll'l °" v~ @J~::r~...,~~-=:.~ PETM.n114- ~ ....._ lWI iat.&L. e c.l4'. ~1. El KIXQIJ~l!!''111At.:u.a.. Gcm..lOf'!T~-01(1 ..... M',1. GQDMreou"l9UOICIT.-ottM..W\ r.:;l"1!PU"ICK>Afll-...oi:z1'T0eE:~;:;s.._, t..:.:J.,._CICWIU-ICl.OUWlllf-""6aLa ~~AO MCJIP ll'COIW P'MM1DP9'9t'itP'AMNI, •artAl.4'Sl E!]~tirtMraG&llr£.I. Glll:Q.!Plale4..,.llN ~-~--all.•l,.AC;Ollt 12Jcrtow.~ INS -_,., .al fffl:"'-""-..-ut..JCl'IU At ~......,rl"l..AN ~,..ll'\..OC!fl~ ....,,,.,~~"'-­ ~ LAQ!l&'~ M ~IQltWILCV.&~ A'1 ~ l,..MIZ !l,.b.l.Tll:11'1 ~IIOl!Waz,nl,,nr:IN l"'IIIO,.l!CT1l!Al1 "IICMITEc:T IIMMIIIAn 0HtCiM • cc LL' Q:NfACT,,_..........,TT 6 ffllJCTUPt,AL ~ .,.,..._ a>Nuc,. -­..,_, --· Cij!Nl!IUj. c;p,mucl""' .,.,..._ C<>ff.OC,, -­...,._, --· ISSUED FOR 155L,f [l,'.T£ ,,....,,_ ~•llr!l ... ,). ~ ~ -,- floP">fD ,.,,. CO .. tl,C(lll!J< r,• KUBALAK HOME UllJ C.•SlO POIN1 RPAO UROr-.O. MN ;ijJ9I SHEET@ ...... ....,, ... , _,, .. "' ... .,,., .... ,,rn .. .__.,., ..,_.u...,,,,_,,..,.,_.,..., o~,,,,1., .. ,, .••. ,.,,n,111,1 "ti (') m >< :::r CT ;:;: m • •17,:, ~-.... ~--~:.:::_: I FRONT ELEVATION AS> SCALE, •••• ,,_,,. •· 7-'JJ ~f O~l GrlMAIL ~ " _, ;J;W,:; ~i~ ite• 0 1 . , ~ ~~ ~ iji -~~- 11 El .. , ., 11R1=™11 'r 'r --.- 1 ~ ii ~ 'I' g l! iil ,:: II ., KEYNOTES, TYP. ALL ELEVATIONS r.7 f"lll:..fff&I-E), IOKDIIIIOSI-.£ H1L ~ TO L.:..J""'~"""'~IOO!:tORAHN:il2'1P verncAL 9LJll'Aa. t!ID ALT. TO at: CO!"'P'Et. 0 TAf'EJe:> IIOCO c:ow-te,N.41\RN. STOtE counc 1!1,1,&£. e.ltTBIEIMM:llttSTE..cAOtC:CX:.~. r;, flCa'!OGE 'lllf1 !CEO.MU l:'.Joc:4PR1Pfl0Mil) t,,4id9F.AICIAeo.MD-5-lJ'•ElcP". M6CEOARYGIII00',£!1Gff!T S/Adl'ttEEeoMtD AT~ Wl'llll!l!!DOAftDA.TIPPERL!'\'a.llEl..c:lll5ClffiT511ffO. ?aWME! eoMID ATl'\ANl,..E';,6. el!l.Qlllta,ne r;-,M,!,QM.~ .. CE;Ulft.e.lf«iLE&.•·~ L:J AL~ec:i6.Met.DAMH.••Aeo-.-£GRAC1E. f':7 ~IPOCft,T"'1CTOCEeeL.EaEDJeDfl..4f.t6'. ~ 1Xl,EA0CN".lll.LftTCJf"TOD!t4tlco.9f~IIK™f"III/S'IHl5ie t'ETAI..FLA5W'GIVDRlf>ATIIP.&lCl"P'filOtS::l'EDeT!Gf'RTPIMB::n.Y AeOYE. ICBlf' eot101 TO Oll!lf' ... ..,,.,,.,, Sl4X6J.lf"elltl'1 .4)(0U.,.61.Df"!T~TQDIUN1J:!R'earta'!ED61! f;l ~ ..U!ft:C'D. 1"'ll'DVIOE ICE I IIW.T!l':5Hi!l.P L:J AuHii AU. 11:XlF' E::lGEl!i AND Al.OG AU. VAU.Eff '""" ........... 0 !E£IIIOCF-f1.ANOET.U..'l/.&9FOlltLGCATiaeOF­ l"RE.fNlfl.E) tfiTAl Glrrt'ER5 I~ A& """"· r:7 LAIIGEl2PAfl~ TO !I!.~ OF-A. I ~ El9tc:et>AltlllOI.IDTf'1!IEIIISIMJlltl'!.A&eL!_UIIE Na,i,,~F.&el&ERf,AI() ~ tH::Onl l"l'l!Oltle'l""'1kilr.untti. ¥1!;0£TAI..UA.1. ~ 1'1:DU'"I CE,M~ TO !!!IE:~ OF-A I ~ eimetc:!PMti'~Tl"W:ll:!IU-fft~t.ee ~ FASTeERS. MCI ~ tl1iX7fW fl'faQflt TO ""'1NCi I f"AHtNi. !f! OETAQ. !WA1. ~ a::iMTH.Ql5 ~"Ji!IDGE:"9fl"TOE><Te0RU. LBG'll<CfRIO!SE.rrP. G~TOH.OCIClft_f".6.TT!lltiA&~llll){'A:, l!!TT9';C!DMT"'1.IX4V•~ @] ~~~.,~~~.~ ~A.11..ATJ/M @] &Ael.E1'tl"IOETAIL.!EEDEl"1L!l,tJl,1. B KlCX QIT ~2!' Del,l,ft,. 1/'6. ~ C:EC>Mla'l=ll~.IE'EClE'TAl.UA.t ~ CEIM'-t'EJU1 l!!lllf.AOZT, IE!: OET.41.. J/A.l. r,.;it8>\.t1CEOARl!IIUCXET$TOl!IE~CfAf L:..'.J!IETl!ltca,.,lfl1W&ol.C1~1161EPEAeel.E_ueE Nl'M~fAeTSEl¥,ROIM:IB)fl10CtM """°"TO~fPAIMTN:i. IEEO!T.AL.V,t,1. E!J~mANGIMLL. ~~1Pk:A&NntTEM ~-&N)QIIIW~II.EU.t~ ~ Ol"'fle:tut. J:ICWP: desiii c O m p • D y <'.(f~li~~i;,1,;, _ .. ,~;~.,·.,,._ 46-JSttoadSt""'1 S11ilt:IOO Ph<1u1:951..f70.9750 Fu:,U..470.8407 £1t~hl<lr. \fN SSlJI lnfo(_~lh•rnttdl':d~.O'lm &Ml!ETINDEX Ofl'fl"l.AN.~ICIE& A:t ~DMS'9ffl"t.,fH 41 ~ RMTl'I..OC:ft~ ..... """""811!D&ECO!ClPLOOftfl'l..AH A& ~L.«!!1.!VATICN5 ,.. ~:soutMnEVA.TlCH& ... , ~UIQ!"!L!V.A.~ t"1111::11"0!NOl'tTl,l8.l;Y,t,nc:t'I l"'l'OJECT 'IEAM ARCl-41TEC't ~TT OE&JGH t C:O. llC. cc:,NTACr, M1K!: ~TT ST1'!UCTUF<AL ENGINl;E"' .,,,... _ "°"""• .,,.,.... _,...., """"' _,,.,, GeNE""4L CONTl'<ACT""' c<M"ANT """'""'' """"""" ...,.,,...., """"' """"'' ISSUED FOR ISSUE DATE l.j~™IB s §6~1 3: lllllt.' ~=~~~~ ~~ts! u/Zj;;>!i'l'l1Jii~1nz1 5a~~~~~~s5 os116onHe IX KUBALAK HOME 1.62.l CASCO POlNT ROAD ORONO, MN 55391 SHEET @NUMBER ""-'110._,........,,,.,. ..... nOf......_1""<. ... t .. --.n,oi.m,""'""'"" ~~"'"" . .,,,..,...,, ... W1>rr_,..,.,,,.,..,..,....u" ()cu,' IJ<.:IIT '""' SH.\U.\ rr OE~lC ~ ~ Col'r.,.~, LI' ( Sec 5hee t Al fof ho.rd. e.aver Cu..lc.tAlcdl~i'l s J 7-3tJ-1Jw·· Revise o (i) Q ~ ., ~ ~ .. ~ "' :!: @~ ·~ 15'-112'" -_rL:ra'~~- c=J~®-®l 1 1 BATII I r-e· DN MR<"JX"• x 10~ T. S,'-b' ~ 2'-B"d>-8", I . I ft:_._ 212)'-0' ~..,,.eou,v_J I S'-0" l /' #,' I /[~-I l 'i' ;., :., ,; n 1 7-2;;1-9 {Nl'a6'-e"~ rt ---,_ I I lll~(@_J ____ . __ .... __ .. BONUS ROOM I Jr~ i I _J l~~eaau 7 i ,4----- 1 I i l~J I I ~ OF BEDROOM ~ \ l:·8"><l,'.8"~ . I '.;,: >--< s: ..., ..., -< ::t I I I~ !3.~;~ /\ I I I I I K ~--:;r::;;:::; ]-Ti - 'I~o/f i I DI: I:: I ii :I I Ill l j ,-..., I I:, ......... \ _tr== {J LAUNDRY ~~I~ ~~ I ~'~(', jl ~ MASfER BEDROOM ', ~ 1TER CLOS~ ~~ 15-h.15-B 1 : 9-h:7--0 : \I\ , I I ,l_\ , I I ~ i -... ~ " : '@ -@ () MASTER BATII __[__ 15-f'h:m.-lO -~ +-..J ~'"""..,_"'_J ~-0~\'sii-r,"\l;.:¥:1"1 ~ "' 'i' ;., '1 ;. ~ r ., (D Redu.ee. dep+h of RooW\ o I/er :14rAje. Bohv.S G) Rec:(.uee lo.kes,~J.e cleck Metster &:dr-ooWI by l 1 01'} ;.....;,...-..;.. l j l { l . ~ ~ " ~ ... -. . ------,,.~,;: --.. -< . ~ . . . -. -~ .• ; v;. -----. .. .. ·, .. -;,.· -.. 3'•! 3/,4" 32'-IZ)n B'•IZ>" 3'•! 31-4" l:,!'•0· I UPPER LEVEL PLAN A4 5C.ALE, ,, ••• I'-~· ~ ,., ., 81T!f"I..MtGEtE!ltAI..NOl!9 --= PROl"C,eeo F!lll!IT l'I...OOft Pl.AN ~2co,«:,~l'\..A.'( A!I ~ LAi:E El.£VATION5 ~satT!,JEl..l!Y.t,llc:lNS ~ lM::E El.EvATION ~ICIR™fl..fVATICl',I ~. l!:.611 AFi'0-111'1;~ ~TT DSIGN • eo.U.C. c.oNtACT,MIICl!:~TT !> Tli>JCTURAL ENc>INEE!O ,,..,....,,. ==· """"""" """"""' ....,.., ....,..., GENEiOAL =1'01'! ""'""'­==· APC>OE6& ..,,,,...., ,....., """"'' ISSUED FO LDATE ~t21N!2! ,nMJa I:\ UBALAK HOME 523 CASCO l'O!NT ROAD ORONO, MN 553'11 EET@NU:-.1BER .._ .. ~,..,oc,.,,,....,,,. ...... ~..,-...._, ..... ~-.. ,, .... ~~••m,.,>.-·••><••..,,r,i,-.~.,..,_,,,.,.,.,.., "'· (I(<••• 1ir .. ~r :~" ,., • u., r, III! I~ a • < ·'"~ ,.~, : tr t 1-l-l· off 0 RAGAN~ L. ~ ;., ~ ~ u·-0· 21'-D" OJ :!:~:~ ,:~VEL PLAN ~ desgs..·, comp an,, ~/~ .. ,.. · ·tz~~r:.~:~.,-· .16.t Sttcad SITN! f'b1111,: 'JS2A70,97SO Sulto:-100 fn: 952A70.8-407 E~~Mor. MN 55.131 lr1foqi..d1srnndetjtn.Mm .. .. ll~P"l.M-lG,!)E'/tAL.NOTE! __ .,,.. ~FIR9TFl.OORf'UN l"'ROl"'oeED2COl<JFt.00Rl"'l.AH ~ ~ ~ATIC:t-15 ~~Et.Ev.t.no-e l"'llOl"'oea:~!LfYATION ~ ~ El.Ev.&lo-1 F'IIIIOJECTTEAH A~ITECT ~TT OESIGM f CO. U.C. CONtACT, MIKE ~TT &T!'OJClURAL. ENGINEEI> =----C<>ITACT, """""'° '"""'""' ....,., """""' GENERAL. caNTRACTO!t r • " ~ ,, , t t' " c " r " s < , ~ l , , · " ~ " • KUBALAK HOME 2623 CASCO POINT ROAD ORO~O. MN 55391 SHEET@Nt;:-lBER ................. < ...... ,,. ... --~ ............ ,,:,, .. <er,-.;>-.--~ .. ~' .... ,,,,_,,.,..,rm,,;,,-e,.,.-,u,...._...-,.,._.'<._,,,,,..,.._,,,!l<. O<<>f••!~ •.. r ,.,, ,,. .. , .:·,:,nh:~ • ~ ~..,,.., .L, (Se.e -L.AJ<GS/(u; Shee.-t Al -f'c,v-ha-r-tltol/er Ca. lC!.1A. la+~ons ) "1 ... 3o~oi l~--- .. RE. ~s-~o, if( 'i' ~ .. ---;: .32'-IO' ~·-ti· e'-0" 22'-,4" l'-e" { ◄'-ti" ~·-o· .3'-!!' --~L~-a~~------- OPT.IX)fll:T". T\l!I t ~ '< ;i3i• ~ ~3' s·-0· ,4'.12)" I I 1 I I I I I 11 I I I I (1) -· ·~ "' &IT!~Ci!JEJt.AL.fCTE& _,,........,...,_.. ~Fll'l!ITFlOORR..AN ~~~l"I..AN ~~EI..EvA~ ~eo.lTMEI..EVATl0-19 ~LM:E!L.fVATION l"ltOl"'OllEPNOlffl.la!:Y.t.TlON .. .;. J J -! I r ~r :J'Fr Wn, M' j :J ~ i rr-: I JJ,· . i~ ~ I ·~{A" ,cjf ~ 11 \'' I I I J b I I I .' r~ I I I ~ ;. ~ ;i, A ;;, t:, "' '.' .. t:, "' A ·' ~ ! ~I I [ e..,v,,,,e ~ ~I I ---------1ss' • ~ .. ~.~"~~---------•,I I -.;',_;~t: \1 i 11 w-~--~· 8'•0'' 3'-11' GREAT ROOM . ""11•· I 1 16-2'14.<J . I 1~0 OAK FLR. [TI. ! If' I I I~~ 0 ! 0 ::~; I I,. I I .... ,·-r w1'• 6'-,:Z) V4" 3:2'.fD" O.V-GMFf!d!PtACE -'LTl:l!EeEI.PUIMANTEL...IJC 'f3/ 1!10iilALb6t.W0£ IUFLATsa&:'.MTV <SY't'ETR!CAU I MAIN LEVEL PLAN A3 SCALE, lt4" • J' • ., .. &'-&ff 3'-2~ E,f.Q')" ~~; J<· '., n,11Ssa.1=t, ~ I I I I I I I .,,, I I'} I I I 1 1 I I I zl- I ~- ,. l"l'l!OJl;_CT 'IEA/1 ~!TEC[_ !,i.1,AMATTP!!SIGH tCO.ll.C. CONTACT, MIKE ~Tt STRUCTIJRAL ENGINEEFt '""""""'" CONTACT, "'"''""" _ .. , """" GENERAL c:aNlRACT°"' =--­CCNfACT, ...,.,.... AODll!EM-2 """"' ----+--@ /JL_oVe 9°'"'°''je +o be c.ompl-1~..,t wi+h -1-Tte. ·1 o' set bo.c. I< oV\. No..,.th s,'d.e of lot G\ Vl<A V"edul!.e sii.e to ~3'}( .13' , , @Elim,-no.+G l3BQ Oecl< < -1~@ Red.u.ce L,.kesiJe o+ horn, ----+--'=--JJ-b I I y 12'·"-'" s·-e· ll'-12)" ® Red.v.e.e by ~I covered. P"'r"c.h ® EI 1>11 i no.+e ha.II wtA.y Stc1ra.9 e. ~~~ u,,;.>iM>JIU.. ..... ,...,i,,,,,~ ......... c,; .................... ,.,.._,.p.,.,. .... ,-, t>r.¥~lln;,.,~-.1rn,••11~r;:it.<a..><"•tl'-"'"'"" t:'­ €)~<"' O ll.l!T l"-" '"·'"" \ rr 1'£S!C ~ • ,,~ ... ~ \ ~ '· ,1,· ; ';' ., '? ;,, !I ;;, 1\> '< ~ "' ~ ;. ~ ;. ~ "' :., ;. ;., ;. ~ "' 7-il-0 i Ot""i~ t na: I ,2·-ct,• 2~·-e· -e---r----" -_:··:· _________ l_:·:· __ f_··-:· __ 1_ \__L1111TG1'~Al!0\1:: e·-0· 22'•4" r.,sn 3'-11" _.,_,,. '? '< oi-r.~.ne I~ I I I I I I 11 1 I •~ I: ii DECK 1 8-2:"" ~ I GARAGE : I I I 1-=c::c--f...:..:r;f:.~~i=:;:::::m---'l-c--1\mH---Tt ~ I : • , ['t----t--J!lll!JlL __ jJ I I-~--~ .. , t ---:=:::::=:::;::~~=====-I I I le: )I l'tl! . ™I ol\l-----+---1RII I a.Ev. •'!etll' n 1"'11£ Ffl151-EP I I U.JITEOOCIR ! I -- ,1-1 ~i L BREAKFN 1.:H.Jx8-0 o!--J . 11 ; I I I li'l::=c-.l.----fl\11 1 1 I 1,1.-=:::,;::;:::::::--dllll I I' ~I ~I hi "I I I I I I ~I I !LEV. -~ne ij ~ I ENTRY ~ ' -I I I I I I I I I I I I 1 l ------\l,~~_:l----r-J 1' = 1' f\> '< ------t------•rl I:,; ~ntl. ; .. Q'_.7 :r.-..-e-;~---;---------t 3-6">11-r [Co] ~ -~~:,:.-----~: . ' t I 1/-;, t, ,;, I I --+-----i -!---+I l_____,j~ GREA fRociM ' "' w I I 16-2xl4--0 I 1,1 ii ENC~?5_fD DECK l~IU~B--0 ~ ALT, ROU.-<F """"" !I'\ 8'-0" OAKFlR [I] I I 0 i O ::~~ : I l~g I I. I I ... ~. = em~~= I ~. ,_ C.AetET!I X l 1~ 3'-!I' ,._,., •. I 7 7 P.\I.GA!,!'!lll!!l"'l..A,__./ -.I ~TM eEl.0,11 MANTEL AtD ""'1TTALDER"""'"­ tuFLATSQS:r'fTV ('l'T'£TRICAl) n•...l:Z)• I 6'-tbV"4" 32'-at I HAIN LEVEL PLAN A3 SCALE, V4" • ,•.~· I DlNlNGROOM l3-llx14--0 OAK FLR. e·-e· 61'-D" 2U1~9a.Ff. 7 I ~ 1/coltED I- ~ ,-. + L •··•· L , I\ 3'-2" a·.c,• :11'-tb" ii .;, I I I ~t s·-ei· 4'-C," '? la .. 6-1 S«<lnd Slrttt SulrrlltO Phon~: 952.-470.9750 Fu: 951..f?0.1407 !nfl>(i:~h•rnnde<ip...£flm c~cc1~ ..... M1'i SSCtH ~INDEX ~ .., ,. .. ,, &ITE l'\..JN,G&EIUL MO"l!a .......,..,,..........,"-'" ~F!!etf\.c>o!ll:l"l..,IN ~eeccw;,l'I..DORfl'L,IN ~LAK!~A.TIO,I! ~!Qm.1£i.£VA111>15 ~LMC:!:!l..b.iTICIN ~JCll':'l'Wa.Ev4Tla,i l"'R:)JEC!.!EAI"! ARCHl~c;-t •~TT~ICO.U.C. CONTACT, M!IC!!: ~TT Sn;a.JC~L EN::slNEER CCMr'AHY =<TACT, AO.,.... """"""'' """" 6ENeRAI. CONT'IOACTOR COMPANY ~ACT, ..,,,,.... AC>Ofll!::!1&2 """"' _, ISSUED FOR ~'~1 I;; ow ll'" !ii~ 8~, rJl u~ ::ilaJ, :.t ~< ti E:ul &:: t:i~ ~ !2~; 15.SUEOATE Q ~ ill :ii 8 61 ll!)S-/~t.l~·T X e,~/lf,J2c,4',6 1x ll!lSflll2~ 11111111 1 ! L KUBALAK HOME 2b1J CASCO POINT ROAD ORONO, MN 55391 SHEET@NlJ\IBER ....... u .... ,_..,t.,,._.,.,.,,.~ .. ..,...-._,.,,.,..,,., ,._,i,..-.. ~'""' r;,.r,,-k.,ft;o.,,-..~,.., ........ tTOl.Sl:.N.,,~'-"'<!'-"" 1,,. ([)e<'',."·"' ?~"•••uo,n1>t>t<.\lo t.:iw,,.~,. ;«· (see. Shee+ Al -far ho.rckaver (!c,/eulo.+1iil'IS) R.E\JISED @,--=' ' . Q} 7.30.,.08 ® Ji)/J,,, bl'-D" , l , "''•Cl" a·-•·,~/ " -. ,. I u / 1 i~········ I I' ' ·. -----·--· --· ------= . J ',L i / J ~=~-I i I Ir ... •. ·.· 1~ 11 ] .4"-1" 3·.11- I II' ti,---·· ., ~ ., ,.. .. ... A1 .. &ITEl"l..Jf'l.Geeut.NOTU """""""-"'-"' ~F!leTFI.DORl"\,.AN ~ ~ R...OOl't l"I...AN ~ lM<EEl!vATICte ~,oun.,El.EYA.T'OI! ~LMCE!L.!V.t.TK),I ~~IEL.EvA.TICH .. Ill 4---< ==----1: ,, (D ,Mqve &~1""-je +o be. c.,omplio.n+ ;i" q W!+h 1-l'lc: 10' Sctb.,C!.k an N••+h ,, "'°"'""' i s,Je of lot arid reJ.uce size. 8-M-O ! @£liWiinA-+e Pc,.,-rio u.nder BBQ. i! Jeck -v-ep ltA<!.c: with "'-j' y. 3'-s-ief· I a.EV .• ,0.2• ij " Ql I~ UNFINJSHED r • JI..: T.flf : . c :.:. ® ,~ec/.U.f!.e L~kes,·J,. of' ham. e ""n" ' = I 'll f,.+,. bj I '"''" l!!!:'f ·-·· (!f) f'ouriJ.a1-,·• >I LA r1Je .-~• vu eJ ~ 30-0x23-0 UP 16R•11"~ )( 10• T. ,----7 ---i::1: " -I I Ii I II L -!ljl! . ' PATIO 1 : 1; ,· ~ 15-10,8-0 ,Q O ,::, . §,I ~---____J · : i y~,1 -!:0 I I I:: I I: I '? "' j; . ---··r·~-~ . SPARE ROOM U--OxlJ..3 I srue INGASLINE -~ -~- l :, C IJ ~ '? ~ j ,I ,l bJl l-~ L_ --~---· I •-0· -· [,.,J ~ FOR FUTURE FIREPLACE. · .ill· JI Ff 1 it ~ ~~ L ·~~ .. -· _ ~ : -.· .~ b;;;;;J. . . ,, --------r---i--1--------------~ 18'-2 1/4" 1"'-B" 2·-10• L 2"-6' -44''-I)" !,'-4" 6!'-f)' I LOWER LEVEL FLAN A2 SCALE, I/A".,._,,. ~ P""eh recl.u.c.ed &y ~ @ £11m1riat6 Ser-vile.. Joor ' c.\ Viel. retain in j w-.1 I I IS'-&" 11111111111 ?~,,~,,;{'> 'ill<" ~,;,'i~l~:J(!Ji-,' <'f KUBALAK HOME 2623 CASCO POl~T RQ.11,0 ORONO, MN 55391 SHE ET @ Nl1~1BER ........ ~ .... ,.,,.,..,,, ....... ~~-... , m,,u. ....... ·-y=,..-,,, .. _,.,_...,W><'....,U· . ():,,.,.a,H•••H.-o,.,;;I'Ul~"•'-' .. "''•l '" " ~ ;,!; ~ ., 4'-1" i·-n· 13'-3" tLANDOCAFE RETAINII\G WALL \£1'-'!I" ---------'----- -,, .......... ~ . ' ' ' BATH ~ ----' ' . I &Jut<Jl ~r, I io : f" .. b ;;. I----'. I B.EV.•~2:2' ij .. ----;,{ r .... , .... ,F.· . a . -_; ·1 \1 ....... :: ; --' : ; : I '' L 7 -.-(. J -61'5!" bl'-t:>• 1'-8' r---------:7 MECHANICAL S-th8-0 !! II II II II II II !! !! !! OR.lGlNAL 2'!1'-"" SHOP /GYM/STORAGE 20-311'.27-11 '? "' UNFINISHED 30..0x23--0 6 t lll~i [-~-!' ' :.. . ' ·. -;_-_-,.r ~ .. '! .. '! "' " '" -----------, PATIO 15-IOxS.O I I i I I ,.J ... lbR•11"• ,c 10" T. ,.... ---7 . .:_ ... Jfilf;: L __ l I I I I I I :0 0 i i~ l !_.... if< : I : I ' CLOSET ~ i·---·r··tr· / \ ' -••F •-.._ __ ;;, SPARE ROOM }4-fJXl .. hl -_J I• :1 .J L -: . •. , 3'-D"•4'-t:l" ---' • , tJ ~=F~~ ~• I ",]·, ~-----· -~ ·,, ' ~ w I 8'-tJ" ~-l>IJ. - IB'-2 1/4' 10'-6" r-. ,·.i,,-Li·-•· T 5'-8' ""'·-t,~ s•.,~ 61'~0· I LOWER LEVEL PLAN A2 SCALE, Ii◄" • ,._,,. ~ ---. ...., ----- b ~ .. i d~~I "~' ' •bar,a[&\1' ; comp . :·.s>-(;,_. -16-1 Secnnd S1r-tt1 Phonr: 9SlA1ll.975n S11htfOO Fu, 951.470.I-C01 EH•:ldnr. \f?'1 SS.UI !n(Ul_i..th■.,...ttdc,,:,;fl!n.mm 61-EETINDEX ., .. &IT!l"'LAN.GeeUL.""'1!:& """"""'-"-'" ~F!lleTFLOOll!l"\...AN l"'JtCll"'O!i~l'\..OOll!:P"I...AN ~LJll:!:£1.£vATIOM! ~ ~aEvATne ~UICE!LEVA.Tict,1 ~"°"™EL!YATJO,t J'"l,IOJECT l1:Al1 ARCl-lll'l;c;T ~TT OE&IGN t CO. LlC. CONTACT, MIKE ~TT Sn;aJCTIJRAL. ENGrNEEfit ""'"°ANT co,,.oc,, """"""" """"""°' -­....,..., ~ CONTRACTOR COMPANY CClNTACl, _ .. ...,_.., ,.._ ~ l ISSUED FOR ISSUEDATE 11)!,JO!Jnt:ia,,s 11)~1""12~ IX KUBALAK HOME 26D CASCO rolNT ROAD ORONO. MN 55391 SHEET @ N{;MBER ,"-'t,.,._.,,u_ ,....,.. .... '"'""'''K .................. ,.,, ........................ , ..... "'™"'~~·ni..<lM'lf.-,,."''.._.,.,.,.,..,..,,,"...,.~"'·"~ (!)~u,, 1.c~r l~,,. s11~u.,:: t>BI.::~ • ,,,,.. ,~, dC 2335 Highway 36 W St Paul,M/\155113 Tei 651-636-4600 Fax 651-636-1311 ,vww bonestroo corn ,,t Bonestroo May 30, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the proposed grading plan for 2623 Casco Point Road dated 5-21-08. The plans propose to construct a new single family home. We have the following comments with regards to engineering matters: • The proposed retaining wall located on the north side of the house differs between the site plan and the house plans. One plan should be revised to reflect the correct information. If the proposed wall is going to be greater than 4 feet in height, engineered design drawings will need to be provided for review. • The building plans show a walkout door at 942.2 on the north side of the proposed home. The grading plan shows that this elevation should be at least 944. 5. Positive drainage will need to be maintained away from walk out door area. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg City of Orono P.O. Box 66 Crystal Bay , Minnesota 55323 2623 Casco Point Road Wayzata MN 55391 I request that the time for consideration of our application for Variances (Zoning File #08-3367 , 2623 Casco Point Road ) be extended until OcJobu 3 1 2008 ~~ 7 Sincerely, ~ rn , /tJ.,,l,J,.., ~ ---.~L Thomas P. and Patricia M.Kubalak Date: 8'/~1/o1I Aua-18-08 10:45 From-WAYZATA IS~ 284 FINANCE + T-032 P. 01/01 F-398 Address: ~l,l3 c(.\:::. co Po1n+ Ra"'d Date: 1 ~ 3 " · ,:; ¥ Prepared by: ~(YI I t' ~ft'/ Ku.btA.I'-( ''- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLe ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = / l1 '1 S.F. Length Width )( = S.F. )( = S.F. B. Garage X = b.11. i S.F. C. Driveway -. -..... ·-·-= l ~17-t $.F. = S.F. D. Sidewall( f.w.lyn. -ru:r11e r "' S.F. = S.F. -E. Patio/Deck = '1'1.~ S.F. = S.F. F. Landscape = 58"3, 1 S.F. Underlain = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F .. TOTAL HARDCOVER IN ZONE 4-S'P. '-S.F. A TOTAL PROPERTY AREA IN ZONE 1~11-3 S.F. B A + B X 100 "' s,. 'f % PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) l(ji.~ A. House t X = S.F. Length Width X "' S.F. X = S.F. B. Garage r\::. X .1.S 1i:l~• = ~~ S.F. C. Driveway '1.-,. X "' till S.F. X "' S.F. D. Sidewalk l( ~~ i~· = f.Q S.F. P3..) s-,.,,-.s N,vl, :i! X 3! = ~ S.F. L.~kc.-s,J.• ;t:ri~ '/2t, E. Patio/Deck ~ X = $.F. X ::, S.F. F. Landscape X = S.F. Underlain )( = S.F. By Plastic X = S.F. G. Retaining Walls X = S.F. H. Other X = S.F. TOTAL HARDCOVER IN ZONE ia~,l S.F. A TOTAL PROPERTY AREA IN ZONE : S.F. B A + B X 100 = % MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. / :::ono Plahning Commission met on the above-mentioned date with the follL s ... / present: Chair Ralph Kempf, Commissioners Dick Kroeger, Michelle Winer A<.im Kang , Loren Schoenzeit, Tess Rice, and Alternate Janice Berg. Representing Staffwe .e Janner Evelyn Turner and Recorder Jackie Young. City: Council Representat1ve Cynthia Bremer,was present. · ··· · Chair Kempf called the meeting t~ order at 6:00 p.m., followed-4 Pledge of Allegiance. CONSENT AGENDA . ', ' ' / Chair Kempf opened the public hearing for J\ppli fation #08-3371 at 6 :03 p .m. There were no public comments regarding His applicati;n. ChairKempf closed the public hearing at 6:03 p.m. ' Kempf moved, Schoenzeit se,~d, to approve the Consent Agenda as amended. VOTE: Ayes 7, Nays 0. // •L APPRO.VL PLANNING COMMISSION MEETING~~ OF JUNE 16, 2008 Kempf m 4 schoenzeit seconded, to approve the minutes ~fthe June 16, 2008, Planning 7 sion meeting as submitted. VOTE: Ayes 7, Nays O. /NEW BUSINESS 2. #08-3367 TOM AND PATTY KUBALAK ALONG WITH SHARRATT DESIGN AND COMP ANY, 2623 CASCO POINT ROAD, VARIANCE, 6:06 P.M. -6:53 P .M. Tom Kubalak, Applicant, was present. Turner stated the applicants are proposing to construct a replacement residence and are requesting the following variances: 1. A lot area of 0 .29 acre when the minimum is 0 .5 acre; 2. A lot width of 60 feet when the minimum is 100 feet; 3. A 5 .88 foot setback from the northerly property line when a 10 foot setback is required; 4. 45.4 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent; 5. 1 7.4 percent structural coverage when the maximum allowed is 15 percent. Turner illustrated the location of the existing residence and the proposed residence on the overhead projector. The existing residence is a walkout rambler that was constructed in 1965. The detached three-car garage was constructed in 1967 and received street and side setback variances . The proposed PAGEl MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 9'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) house consists of two stories with an attached two-car garage and a walkout basement. The width of the property is· 40 feet less than the minimum and the area is 5 8 .4 percent of the minimum. Turner illustrated the location of the existing garage and the proposed garage on the overhead. The garage portion of the structure is proposed to have a 5.88 foot side setback. The living space portion of the house would have the minimum IO-foot setback. The applicants .are requesting a structural coverage variance to allow for an additional 309 square feet above what is normally allowed. Turner noted the City currently has a number of residences that have been constructed on 50-foot lots that are in compliance with the 10-foot side setbacks. Planning Staff does not recommend approval of the requested variances because in Staffs opinion it is excessive for what is necessary to allow for reasonable use of the property. Staff would support the lot width and lot area variances in conjunction with a smaller hardcover variance. Turner noted there are no adjoining lots available for sale at the present time that could be purchased and combined with this lot in order to make it a larger lot. Mr. Kubalak addressed the Planning Commission regarding his application, noting he purchased the property with the intention of remodeling it. After reviewing their options , due to its deteriorating condition, they have determined their best option would be to tear down the existing residence and construct a new residence, which would also be consistent with what has occurred in their neighborhood over the past few years. Kubalak submitted the signed neighbor affidavits to Chair Kempf. Mrs. Kubalak commented that their neighbors are in support of the project. Mike Sharratt, Sharratt Design and Company, stated there are a number of inadequacies with the existing structure, including the visual impediment the garage causes when attempting to exit the property, that have resulted in the applicants electing to replace the existing structure and garage. The present structural coverage of the existing house and .garage is 18.4 percent and they are proposing a reduction to 1 7.4 percent. In addition, current hardcover would also be reduced by approximately 20 percent of the overage or 45 percent. Sharratt noted they are adding a second story over a portion of the residence to accommodate two bedrooms as well as create a structure that has long-term viability . Sharratt requested the Planning Commission approve their application. Turner pointed out a portion of the hardcover referred to by Mr. Sharratt consists of mulch over plastic, which is typically not included in the hardcover numbers and is not included in Staffs report. Kempf opened the public hearing at 6:22 p.m. Jeff Essen, 2648 Casco Point Road, stated he is in full support of the proposed plans for this lot due to the fact that it reduces the structural coverage and hardcover on the lot. Essen indicated they have lived PAGE2 ' MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. across from this house for 22 years and that it has deteriorated over the years and that he and his wife are in full support of the proposal to improve the property . Essen suggested the Planning Commission consider the significant level of traffic that traverses on Casco Point Road when looking at the hardcover on the lot and that he would suggest additional hardcover be allowed so the Kubalaks have sufficient room for off street parking and safe access out of . the property . Joan Marquardt, 2617 Casco Point Road , indicated they are also in favor of the proposed improvements. Marquardt stated the Kubalaks do have problems with water in the basement and that there is a lack of on-_street parking available on Casco Point Road. Marquardt concurred that some additional hardcover for parking would be beneficial. Bruce Hedbloin, 2601 Casco Point Road, indicated he has reviewed the plans, has spoken with the Kubalaks about their proposal and that he is in full support of the project. Hedblom concurred that it is extremely difficult to see around the current garage prior to exiting the property and that some additional parking area/turnaround area would be reasonable and offer better safety. Chair Kempf closed the public hearing at 6:28 p.m. Kempf acknowledged the support of the neighbors for this proposal and thanked them for attending tonight's meeting. Kempf pointed out the Planning Commission has the obligation to look at the application when new construction is 'involved to see how this property can be brought into conformance with City codes. Kempf stated he is not opposed to the lot area arid lot width variances but that the Planning Commission will need to see whether the setbacks and structural coverage can be brought into compliance. Kempf recommended the applicants look at their options for reducing the structural coverage and hardcover on the lot, noting that the City of Orono typically does not grant variances to structural coverage unless a hardship is demonstrated. Kroeger stated the Planning Commission has to look at this application as if the lot was an empty lot and determine how a new residence could be constructed on this lot without the need for variances. Kroeger indicated he would be in favor of the lot area and lot width variances but that the applicants will need to reduce the structural coverage and hardcover. Kempf commented it is not unusual for the homeowner to look at what is being improved when presentin~ their application but that the Planning Commission is obligated to look at the City 's ordinances and determine whether a hardship exists to grant a variance. Winer suggested the applicants consider tabling their application to look at their options for reducing the structural and hardcover numbers due to the negative impact hardcover has on the environment. Winer indicated she is in favor of the lot width and lot area variances. Schoenzeit stated in reviewing the applicants ' proposal , it appears that the house could be reduced in size to bring the house into conformity with structural coverage. PAGE3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) ' Berg concurred with the comments already expressed by the Planning Commissioners. Kang stressed that the applicants will need to look at reducing the structural coverage and hardcover. Rice concurred with the previously expressed comments of the Planning Commissioner. Kempf noted Staffs report states the following: "A house constructed at the minimum setback from the road, it would require 430 square feet of hardcover for the driveway, leaving 1,545 square feet for a house. This would place the house 35 feet behind the average lakeshore setback. If the driveway were lengthened to place such a house at the average lakeshore setback, hardcover would be about 28.5 percent. Hardcover variances allowing more than 40 percent hardcover in the 75-250 zone for new houses has been limited to lots smaller than 10,000 square feet." Kempf stated in his view the • applicants' plan should be revised. Mr. Kubalak stated the original intention of setbacks was for fire protection and that there is more than ample spacing between the two homes. Kubalak pointed out the Marquardt home is 1.5 feet from the Hedblom property and that variances have been granted in the past to setback and that they are attempting to make it consistent with the neighborhood. Kubalak stated the current residence is not suitable and needs to be replaced given the multitude of problems that exist. Kubalak stated he would not be_p_ermitte.cl to construct a three-car garage to replace what he currently has. Turner noted according to state statute, the applicant would be allowed to replace the existing garage within the same footprint as long as it is completed within six months after it is removed. Kempf stated that would also apply to the house. Kubalak noted they are proposing to make the house more conforming but that they require some living space to accommodate their large families. Kubalak noted they are proposing to reduce the garage from three stalls to two stalls and are willing to reduce the width of the driveway. Kubalak stated he is aware . of a number of variances that have been granted in the past by the city for similar requests and that in his view what they are proposing is reasonable for the lot. Kempf noted the proposed hardcover is 45 .4 percent and 17 .4 percent structural coverage. Kempf stated given the size of the lot, in his opinion the size of the house should be reduced. Kempf stated the City seldom grants a variance for structural coverage and that the City attempts to limit the amount of massing on a lot. Kubalak noted his neighbor was recently granted a variance . Gaffron noted Staff has compiled a list oflakeshore properties that had new construction in the years 1999 to 2004. The City's records shows a variance was granted for 2683 Casco Point Road, which is not in close proximity to this property. Gaffron noted there were no variances granted for structural coverage for all of the lake shore properties listed during that time period and many of the properties were limited to 1500 square feet or less on structural coverage. As it relates to hardcover, Gaffron noted there are three lots that are equivalent to this lot. Those lots were granted hardcover ranging from 19 percent to 33 percent hardcover overall, and within the 75-250 foot area, they were allowed 25 to 30 PAGE4 . ! .• MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. (#08-3367 Tom and Patty Kubalak, Continued) percent hardcover. The approved footprint ranged from 215 0 to 23 70 square feet, with hardcover being less than 30 percent. Gaffron stated he concurs with Planner Turner's recommendation and that it is very seldom that the City grants a variance to structural coverage. · Kubalak asked what the city considers reasonable . Kempf noted he did read the statement from the staff report. Kempf pointed out that if the house were located at the average lakeshore setback, the hardcover could be reduced to 28.5 percent, which in his mind would be reasonable . Kubalak asked what the average setback is from the lake. Turner illustrated the average lakeshore setback line on the overhead. Kempf noted the applicant's house is at the average lakeshore setback line, but that in his view hardcover at 28.5 percent would be reasonable for this type of lot. Turner stated the statement refers to the square footage of the allowed hardcover in the 75-250 foot zone, and if the house were located at the minimum setback from the street, it would allow for a house consisting of 1545 square feet, which would put it behind the other houses. Kempf stated the 28.5 percent would allow the applicant to locate the house at the average lakeshore setback. Schoenzeit suggested the applicant look at the total lot area and multiple it by the 15 percent structural coverage, which would give them the maximum structural coverage allowed on this lot. Joan Marquardt asked if the driveway could be constructed out of pervious pavers . Kempf stated the use of pervious pavers has been discussed at the city over the years but that given its limitations, pervious pavers would still count as hardcover. Kempf stated it appears the consensus of the Planning Commission is that the size of the proposed residence is too large and that the structural coverage should be reduced. Kempf asked whether the applicant would like his application to be voted on tonight or tabled for redesign. Kempf noted the applicant could take his application before the City Council even if the Planning Commission recommends denial of the variances. Kubalak stated he would like to have his _ application tabled. Kubalak noted the Marquardts were granted a variance for a 1.5 foot setback in 2001 and that he is having some difficulty understanding the issues relating to equality between the two. Kubalak noted he is asking for five feet. Turner noted the Marquardts constructed a second floor addition. Kroeger stated the two main issues that the Planning Commission is looking at here are the structural coverage and the hardcover. PAGES t • ' • MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2008 6:00 o'clock p.m. -3367 Tom and Patty Kubalak, Continued) Kempf stated he is unable to respond to the specific example cited by the applicant but that the Planning Commission needs to look at the potential impact a variance could have in the future should this area be redeveloped as well as the impact it would have on the neighbors. Kroeger moved, Schoenzeit seconded, to table Application #08-3367, Tom and Patty Kubalak along with Sharratt Design Company, 2623 Casco Point Road, to allow the applicant time to revise his plans. VOTE: Ayes 7, Nays 0. 08-3370 BARB AND KEVIN DULIN ALONG WITH J. SVEN GUSTAFSON WOOD, LLC, 6:53 P.M. -7:22 P.M. G fson, D~veloper, and Kathy Alexander, Designer, were present. applicants are proposing to construct a replacement residence a , are requesting a hardcover varian to allow 34.42 percent hardcover in the 75 to 250 foot zon7 · hen the maximum allowed is 25 percen The applicants are also requesting a conditional use ~ermit for grading within the 0 to 75 foot zone to all rearrangement of the floodplain on the propertx/ Turner illustrated the existin esidence on the property on the over l The current house was originally constructed in 1934, ith additions in 1955 and 1988. e floor of the crawl space under the original part of the house and the arage floors are lower than t ·e minimum elevation for properties within or adjacent to the floodplain. loodplain regulations . quire that the entire house be brought into compliance with the elevation require -nts once the cum lative value of additions and remodeling since the City's initial adoption of floodp 'a. regulatio exceeds 50 percent of the value of the structure. The property is over or very close o this limit due to the additions that have been constructed over the years. The proposed house would be one level exceP. or a cond level over the garage. It would be slab on grade construction. The lot would also con m a pool. The applicants are required to maintai e same flood storage capacity on the lot. The City Engineer has reviewed this application and ha . recommended certain items be completed as it relates to the drainage and grading. A permit w, uld also be required from the innehaha Creek Watershed District for placement of fill in the floo • lain. · Planning Staff recommend the variance not be granted as it would not constitute a hardship to redevelop the property · hout the variance. Staff recommends the conditional use permit be granted if the site plan is revise o eliminate the hardcover variance. "'-· Sven Gustafson 7 · dressed the Planning Commission regarding the application, noti~ hat they may be limited to pos i'lJly 10 percent of value if they remodeled, which would make it difficult 1:o make any improvem4 ts to the existing residence. Gustafson stated the location of the floodplain tak:es up a large portion jthe 75-250 foot z~ne and mak~s it a di~ficult site to work with. Some of the other cHficulties of th{rtite are the low elevat10ns of the site, the high water table, and the sewer easement that crnsses the P;9P rty, which prevents the house from being located closer to the street and creates a hardship \_ PAGE6 ZONING FILE #08-3367 CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: July 22, 2008 TO: Thomas P. and Patricia M.Kubalak COPIES: Sharratt Design and Company 2623 Casco Point Road (by email) Wayzata MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: July 21, 2008 As you requested the Planning Commission tabled your application. VOTE: 7 FOR 0 AGAINST Applicant's next scheduled meeting is tentatively*: Planning Commission -August 18 -Meeting starts at 6:00 pm * if revised plans are received before July 30. Because it will not be possible to complete consideration of your request within 60 days of the date the application was complete (June 4, 2008) the City hereby extends the time allowed for consideration for an additional 60 days, until October 3, 2008. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Evelyn Turner at 952-249-4623. ()CJ,-3307 CITY of ORONO P.O.BOX66 CRYSTAL BAY, MINNESOTA 55323 IRE re IE 8tf lFED JUL 1 4 2DDJ CITY OF ORONO 23 24 0029 38 20-117-RYEN JULIANNE M SCHE RD CO POINT 2649 CAS 55391 WAYZATA MN NJ:XJ:E .S.5~ DE :I. 00 07/:1,0/08 RETURN TO SENDER NOT OELJ:VERABLE AS ADDRESSED UNAB~E TO FORWARD ac: s.ss2:3oossses. *0778-00871S-03-43 :. .. ,:_ .. ~~::~~~ :;. ::~~~ 1111 In 11 Ill) 11111 l1 In 111 llm lln;1 l11nllmllll)lln 111l1 I newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Richard Hendrickson , being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Plymouth , Wayzata, Orono Sun-Sailor 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 provid­ ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for~ successive week(s); it was first published on Thurs- day, the __JQ__ day of July . 2008, and was thereaft er printed and published on every Thursday to and in- cluding Thur sday, the ____ day of ________ , 2008 ; and printed ) below is a copy of the lower case alpha­ bet from A to Z , both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz ~ CFO Subscribed and sworn to or affir med before me on this __JQ_ day of July , 2008. ~;da£L-_ Notary Public --e MARY ANN CARLSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-09 ; City of Orono (Official Publication) CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission wi ll hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Mon­ day, July 21, 2008, beg innin g at 6:00 p.m . on the matter of reviewing the following land use applications: 08-3367 Thomas P. and Patricia M. Kubala k, 2623 Casco Point Road , LR-1 C zoning district, to cons tru ct a replacemenUesiden ce, request a side setback variance to place the house five feet from the northeasterly prop­ erty line when a ten foot setback is required , a hardcover variance to have 45.4 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent and 17.4 percent structural coverage when the maximum al­ lowed is 1 5 percent. 08-3370 Barb and Kevin Dulin , along w ith J. Sven Gustafson with Stonewoo d, LLC , 2896 Concordia Street. LR-1 C zoning district, request to Joel A. and P. Chris Gerber, 1295 Briar Street , RR-1B zoning district , request to All persons wishing to be heard are encouraged to attend this meeting. This is not a final agenda and is subject to change prior to the hearing. Written comments are ac­ cepted and should be su bmitted to the City of Orono by July 16 , 2008 if possible. Plans or proposals are available for review in the City Offices and all interested persons are encouraged to contact the City fo r further information. For an appointment, please call (952) 249-4620 . City of Orono By: Planning Commission Eve lyn Turner, City Planner Publi shed in the Sun Sailor on July 1 o, 2008 . Posted at: Orono City Offices Crystal Bay Post Office Lo ng Lake Po st Office Navarre Po st Office (July 10, 2008) a2-hrgs 072108 Date Application Received: 5/19/08 Date Application Considered as Complete: 6/4/08 60-Day Review Period Expires: 8/3/08 To: From: Date: Chair Kempf and Planning Commission Members Evelyn Turner, City Planner June 16, 2008 Subject: #08-3367 Thomas and Patricia Kubalak, 2623 Casco Point Road -Variances -Public Hearing Zoning District: LR-IC (0.5 acre) Lot Area: 0.29 acre Lot Width: 60 feet Application Summary: In order to construct a replacement residence the owners request the following variances: A lot area of 0.29 acre when the minimum is 0.5 acre A lot width of 60 feet when the minimum is 100 feet A 5.88 foot setback from the northerly property line when a ten foot setback is required 45.4 percent hardcover in the 75 to 250 foot zone when the maximum allowed is 25 percent 17.4 percent structural coverage when the maximum allowed is 15 percent Staff Recommendation: Planning Department Staff recommends denial of the variances as requested. Pertinent Zoning Ordinance Sections 78-350 Area, height, lot width and yard requirements in the LR-C zoning district. 78-1403 Structural Coverage 78-1288 Hardcover List of Exhibits A. Application B. Hardship Documentation Form C. Submitted Hardcover Calculations D. AreaMap E. Existing Conditions F. Site/Grading Plan G. Building Plans H. City Engineer's Review Background The property is a lot in very old plat. The existing house is a walkout rambler that was constructed in 1965. The detached three-car garage was constructed in 1967. It received FILE 08-3367» July 21, 2008 Page 2 of 4 street and side setback variances. The proposed house would be two stories with an attached two-car garage and a walkout basement. LOT ANALYSIS WORSHEET Lot Area/Width: Required Actual Lot Area 0.5 acre 0.29 acre Lot Width 100 feet 60 feet Setbacks: Required Proposed Front (lake) Average Lakeshore Setback Average Lakeshore Setback Rear (street) 30' North Side 10' South Side 10' Structural Coverage: Allowed Existing* 1,910 s.f. 15% 2,307 s.f. 18.1% * With size of deck corrected by Staff Hardcover*: Hardcover Total Area Zone in Zone 0-75 4,649.7 s.f. 75-250 8,078.3 s.f. Total for 12,728 s.f. Property Allowed Hardcover 0 0% 2,015 25% 2,015 *Not including any plastic or fabric under landscaping. Variances s.f. s.f. s.f. 60' 5' 10' Proposed 2,219.f. 17.4% Existing Proposed Hardcover* hardcover 0 s.f. 0 4,009 s.f. 3,669 49.63 % 45.4 % 4,009 s.f. 3,669 Lot Width and Area -The width of the property is 40 feet less than the minimum. The area is 58.4% of the minimum. Setback-The garage portion of the structure is proposed to have a 5.88 foot side setback. The living space portion of the house would have the minimum 10 foot setback. s.f. s.f. s.f. Structural coverage -The foundation area of the house plus the entry porch, lakeside screen porch and lakeside open porch would be 2,219 square feet. This exceeds the 15 percent maximum allowed by 309 feet. FILE 08-3367» July 21, 2008 Page 3 of4 Hardcover-Hardcover proposed includes the house and driveway. This is 1,654 square feet more than the maximum. Hardship Statement Applicant has completed the Hardship Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Issues for Consideration Can reasonable use be made of the property without the setback, hardcover and structural coverage variances? The lot width and area variances are necessary for construction of a new house. Such variances are routinely granted in situations such as this when there is no property available to enlarge the property and there is an existing house on the property. The lot is 60 feet wide. There are many 50 foot wide lakeshore lots in the City with houses constructed in compliance with the 10 foot side setbacks. A house constructed at the minimum setback from the road would require 430 square feet of hardcover for the driveway, leaving 1,545 square feet for a house. This would place the house 35 feet behind the average lakeshore setback. If the driveway were lengthened to place such a house at the average lakeshore setback hardcover would be about 28.5 percent. Hardcover variances allowing more than 40 percent hardcover in the 75 to 250 zone for new houses has been limited to lots smaller than 10,000 square feet. It is difficult to think of a situation that would justify a structural coverage variance for a new house. Staff cannot recall such a variance being granted. The code includes a provision that allows structures up to 1,500 square feet on lots smaller than 10,000 square feet. This implies that a house larger than 1,500 square feet is adequate. Can a hardcover variance be justified because it is necessary to achieve the maximum allowed structural coverage? Applications often imply there is a contradiction between the structural coverage regulations and the hardcover regulations because they both regulate impervious surfaces. While structures are impervious surfaces, the function of the structural coverage limitations is to regulate, in conjunction with the height and story limitations, the mass of structures. The primary purpose of hardcover regulations is environmental protection. It applies only to properties only to properties within 1,000 feet of certain lakes and 300 feet of certain creeks. Are there any other issues or concerns with this application? Staff Recommendation FILE 08-3367» July 21, 2008 Page 4 of 4 Planning Staff does not recommend approval the requested variances. What is proposed is in excess of what is necessary for reasonable use of the property. Staff would support the lot width and area variances in conjunction with a smaller hardcover variance. PC Exhibit A MAY 2 1 2008 City of Orono Variance Application CITY OF Street Address: 2750 Kelley Parkway Orono, MN 55356 Application# c6'.: ,,. 330] Date Received: Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 ------ 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: ,;?:'-7~? ~k7.?-o Pd I fv't'° ~kD Property Identification Number (PIN): Date Property Acquired (month/year): ___ □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: --"d'::..__::.W-"--'--"---""':::,_:_--...\Ll;v-"---"-/;.,_f1,f--".a!. ~4'=' ,,_tJ__ci;;-.__:,_!'>,.,;;~r.:.c...:~.c:±,--_,,,B,,:::___'-(_,___-----''5',::_···L~Ll_'.!-;~--Lr-:fAld::L-t-",,,l_· 2:t"""_..J~:::.J-'""'.;:..::..,· ~tbt::.1N..:::!,__;~:i__::.C.-O.=:..J Phone (home): C::,_c;; ' ~ \/\I"') Phone (work): c:t:;;-z,4-7.:, -q-r,r.;;:o Complete Address: · ,, -t b4 -:Z..~ ?;- City, State & ZIP Email: -------=-------------Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: :f:tJM -~ p~~r,--:('. ~ 01 ~A-L.--A? Phone (home): '$G'2--4v f -~-4-TO Phone (work):'t b(.:Z... -Z-2!;1' -4'I~~ Complete Address: zr:;:,-;z,,.:7 ~~ ~rwr P-&°,rl:1,'.P City, State & ZIP P" l?::t2(1J-o , 1vv N, · % -pq I Email: · ' Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): l:-ut?h: /.....-A:'~ I Ni~ND jp ~EF ~.1,µ... /=?,Li"';?!Tft.tb t?=:~ftl t>V-:~f~JCF f-JON -Cey_JJ{:72;e...1/l,n,,V"1:, <G-t-f/L·l.J~4""t.l~ A-No ~~ l1 11-'l-t-ld-A -14 -#33 REQUIRED SUBMITTALS: 2 1 2008 All of the following information must be submitted by the application deadline date in order foCYP¥ application to be processed. 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 your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Applicant's Signature: Date: -----------Applicant's Signature: Date: Owner's Signature: Owner's Signature: ~ .. .. J.··· ,CA 1 ,,~ -)yl I , /:J,.,,I ,A_ Date: Date: -15 -#3 7 City of Orono Pre-Application Meeting Form MAY 2 I 2008 CITY OF ORONO (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: aA" t C, l".Y) PC Date: Meeting Datemme: 5/z.l/09 I I 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: -U:,-t.,?_'.7 C:k-'::::>CQ '\-b1 {',Jr 7:2 oAQ Property Identification Number (PIN): Z..&J -l l 1-J' -;i.-5 -Z.-4--,:P;::;; "?;;!- Zoning District: ~ -LI Size of Property: J2-=r-z;:s ;:.(. I ) DESCRIPTION OF REQUEST: □ Average Setback ;("Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' .)8.Hardcover 75'-250' W Lot Coverage ft('Lot Area ·□ Other: □ Hardcover 250'-500' .~ot Width □ Hardcover 500'-1000' Applicant's ~~ HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: pit completed and submitted in conjunction with their formal variance application. Applicant's f/L BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's fl!-initial application fee, as well as provide an escrow in the amount Initials: $2,600 to guarantee payment of the above. OTHER INFORMATION: odv·iSeq ,SJYQC.lt/\'A\ ('Ov-VJFf112,-, (µdi it)~ otfhcc.\~ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: '--f~-< ))IJ. kJJu.L Date: S-;J./ ·-0;? Owner Signature: /1':1.£-1+<~-IY1 .. /!JJt<A Date: ~--J. /-o Y -9- of ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we) c;:.,Arty b"-V1A-~QvA49Yof L6/'? 5C.O /Yi [print name(s)] [print address] have r~viewed the plans for the proposed improvement or proposed use of the property located at ,;l,l 73 (',zsco f-+ Jee{. also referred to as Land Use Application No. 0</5-33£., 1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of. the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvemen 'lans and th t proposed neighbor's project or use requires Council approval. 6 Date ********************************************************************************************************************************* -r---(\ Jl. ') u:, 1· l 0 f" I (we) ,,,Jo a, Y\ ('l\cM: ty 1 OJ\ GU of O'\ \.__;Cl'::::. C. 0 [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ll) ls-/(§ Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we) J ePPl{Jf/&BJJl/f-~EofA} [print name(s)i 2l.t./£ ~II:$&:> P.--el [print address] have reviewed the .. p~p s for the proposed improvement or proposed use of the property located at 2-vl.? (!4XR/.rf::d,;also referred to as Land Use Application No . o g -3 3t, 7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the and that the proposed neighbor's project or use requires Council approval. l I Date ********************************************************************************************************************************* I (we) _____________ of-,--__________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No . ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM have reviewed the plans for the proposed improvement or proposed use of the property located at ?-iJ-1 tit.S e.o f+.. Rd, also referred to as Land Use Application No. a x'.-13& 1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~½----~ Property Owner • Property Owner Date ********************************************************************************************************************************* I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. -16 - ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(weJ &wa ~((M>{ /lt tl,,, V [print name(s)] · Z{.6 / tl&L () (2-1, /&-tf C [print address] ~ have reviewed the plans for the proposed improvement or proposed use of the property located at v'=-).... .3 C-.P /?_ also referred to as Land Use Application No. O"J -3 3 ~ -:1 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improve ~ns and that the proposed neighbor's project or use requires Council approval. PropertYOwner ~ate &-i O V 'Prope~ Date ********************************************************************************************************************************* I (we) _____________ of ___________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at _________ also referred to as Land Use Application No . ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date . -16 - HARDSHIP DOCUMENTATION FORM PC Exhibit B MAY 2 I 2008 CITY OF ORONO This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Ut-Jt7~f?-T~ v=1ff1~iJ'n_ ~t:i,~'-"Z, -t~ tzft,.H~r2 lrf'Jr:J F?2t v,G.i..~rX% ff;::/a,.,vi I ::fE:a tz, -rtr{,G,,,, BC~E"/=2--r-r", ~;.µ f-JCl,f-e,(;f .doN"'t( ,:Jtte:-,..O I .,4-NJ;) -1-tti~ 1-,G,, Vt-t p:,,~ f".Jrn;;a,e.,e , · 1 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." I+ H•JA-'OF-:.:. ,kt?'-·( r1' -'j-~ '5,-,C l ~Nh "":7--n:2-V~'TV fZE /!riv re,, . " <E? Ir ~ V l _. fz) T1,it~ ( ·frt-JJO rvor-?&1-~t~ !:?~ ~~ 3. "The variance, if granted, will not alter the essential character of the locality." IF ~P-r41t4 ~tc:>, t1+G. \/JM../Mt::'~ wtl,f_,, ( MIP~~e rtfG ?~:tJiEE"r-2-- ✓,P ~ L...,dc;?-.,+t-l t":(' 1$Y [;;(~#v~ N-C-·t-1=:ss N4tv..:.. ~N~M !IV~ -A" Iv V M t/.;::.. bt M--o r2-6E s;;.A:-f.ZiS. , 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ~ c2 r,,v-µfi!,r,rt.. lb N,?cr .pr.;lo~.i;7$ IN-45 JV f?!;>U/1...~ ;4-fv.~.v,J ~ '-fip -6~ ,:Pf'.7--.M/2:l~f:::. 44-,9.,-.J!:2:'-1'": l:::t: I? P.?o'"L-rs.H tz;i 1 Ni/ d4-t· kN,"" M-~f..t~l~-(' 1 µ' ,-~ ~>L(41t"IVl'b ~N-C:.:,tJ~AA;1/✓~ HoM~, 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." N ~I 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." NO .:?~4Y,;_.. U~ 1:~ A-~/r,-~,t;.e,,(dE'. ./::::.tf4.vvflt-1../ ~Ji! l-~ ·~o.z;;ao, . -17 -#336 2 l 2008 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 11-,.Jb ,rt'bfti£(.L.. -A--D-Jm::;,f=..rJ,:,t· ~~~v f±tl::z ::t~ t=-;.CA~r 4 6 -f--ri..u ?'t"l.l~ ,, 9. "The conditions do not apply generally to other laQ_d or structures in the district in which said land is located." f 4/M [1.,~ -fv ,:tJ:. ~ A-Gov'E:., ) 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Y~~4 ' f1-tt .;; l G ?~4 ·1!/?'~r. ~ VJ.iii;; -t-o -rtfo;;; "? vfi½ir,4•1Alt1 ,'.ft:, Pt2-&~~/J.. ~I' {:2-f ~"2 ~V~t¼.4 f-Y' q~r::a;«? ~ ~, -t-:i(~,;;,.:::;.1"ft'.Y, 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." '---(f-½z~ 7FJM".7 I';:;;> .?-~.::::..+-L -H,fE-f-'n:?Pt?f"G.rO M~ ·-:Hf&: !N~--t, ... A1-r? r-~ ,;?A f.Jw.-'t:P µr~ AfvO 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." l t'"" ( $ t,Jor ?,'A}../ Vf5;,(v{~.fJ:!,' ~ 'pt.AIL-/0 A-: Et,/ f,J? t, i}-'fJ,+t_. N.iAµ /':f~A,~.tE. .?'/2-: :t2' ,ff?;;Z-NO A--'-(r;;;,~ v.?'UN/b -f1r;t-,,1-v/~{ :+:::w:Arr ~~~.;'4~, Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): L / -18 -336 Address: Zte-Z :'.'.'.:? C,.k-;c.O Pl?\ t---:'rf ~p Prepared by: SJ~,,e.A r·~r· :t;:E-Sl(:7rf -?<:~£ ~Nf-P.:.. ,/.:_.~;;,./ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) . EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0-75' X X X X X X X X X X X X X X X + B 75-250' 250-500' = Width = ::: ::: ::: ::: ::: ::: ::: ::: = ::: = ::: ::: _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape · Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X ..,. B Width ::: = ::: ::: ::: ::: = = ::: ::: ::: ::: ::: _____ x100 = -21 - PC Exhibit C 2 1 2008 Date: ~-£n=¥10F 500-1000' _ _,_)_?.P_,_{=:\_.____S.F. ______ S.F. ______ S.F. /,:1-1--:}_4, S.F. l lo+1-. 4--S.F. ' . S.F. ______ S.F. ______ S.F. 4-+':::> S.F. ______ S.F. ,S °O ~ .'1--s. F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 4::/-\;z; .. 4' S.F. A r2-JI) 7£ · ~ S.F. B :::,,1:,,k""l % \ t..'7'0 S.F. ______ S.F. ______ S.F. &:,--;;;,'t-S.F. \4b-:) S.F. ______ S.F. 17e S.F. A.4 S.F. -Z..4h-°1 S.F. ' . S.F. ______ S.F. ______ S.F. ______ S.F. 0b S.F. ______ S.F. 7:;(J,,I1. S.F. A $;()1-"B-~ S.F. B ..4? .. 4-% Henne pin County Property M~t) Print II II I 11 PC Exhibit D Hennepin County Property Map -Tax Year: 2008 The data contained on this page is derived from a compilation of reco rds and maps and may contain discrepancies that ca n only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square f ootage and acres) are approximates and may contain discrepan cies. The infor mation on this page should be used for referen ce pu r poses on ly. Hennepin Co unty does not guarantee the accuracy o f material he rein conta ined and is not re sponsible fo r any misuse o r mis represe ntation of this information or it s de r ivatives. -,,----_,,, 2525 .r'_.,....-r_✓-­ _,..// .~---- ,I ' / / ----~260 1 / ,/ / / -..,..,/ / 38 2600 ,.,/ .. , ____________ _,_ ____________ -. _,./' 2617 1 i I ,.___ 2635 ! ·--~ • -...,_________ /I ,..___ 2 64 S -----....._/ --/ ! --------( ---..... i :'··--~ 2 64 9 -----i ---.._---..__ ? --.._ / --I f... ______ -... 2659 -------./ ----------...._ ;· ---.• __ 2 6 6 5 ·---....._; . -------. . ...__________ ,/ ------2 6 77 -----/ ----..___ / ---..__ I l i i ,/ ,, / 2618 2648 26 4 8 2660 --~i 11,._.__ "" (' -. ____ :;~~--\ ,1 I ( / 2684 H Selected Parcel Data Parcel ID: Owner Name: Parcel Address: Property Type: Homestead: Area {sqft): Area {acres): A-T-B: Market Total: L_ Tax Total: Date Printed: 7/16/2008 9:44:31 AM Current Parcel Date: 7/4/2008 Sale Price: Sale Date: Sale Code: http:// gis, co .hennepin.mn. us/H CProperty Map/Locator .aspx?PID= 1011723310044 7/1 6 /2008 Legend OE-OvemeodESec:tric )) 0 -· ◊ Hydrant ., Power Pole ) e•,, .. -1 Concrete Concrete Curb )) 0 Deciduous Tree ~ Crovel •/Pott Undet LOminole i /1 x800.0 Existing Spot Elevation ) -eoo-Existing Contour )) ' xBOO.OTC Top of Curb Spot Elevation xBOO.OlW Top of Retaining Woll Elevation .eoo.o,;_ Centerline of Street Elevation ~} Denotes lton llonufflenl Found 0 Denoia Iron Monument Set )) /:/ . 6 .. :; ~ ,r· ~ )) \) )) ) LAKE MINNETONKA )) WATER ELEVATION = 928.7 APRIL 7, 2008 "j> OHW = 929.4 r J, 5J rf 928-7 PROPERTY DESCRIPTION: Lot 141, SPRING PARK, Hennepin County, Minnesoto. SITE ADDRESS: 2623 Cosco Pt. Road r----------T---------T----------, I AREAS: I AREAS: I AREAS: I I Total Lot to OHW = 12,728 sf I Lot to OHW-75' Zone = 4,649.7 sf I Lot 75'-250' Zone = 8,078.3 sf I I Existing House = 1219 sf I Impervious Surfaces = 0.0 sf I Existing House = 1219 sf I Existing Detached Garage = 677.4 sf I Existing Detached Garage 677.4 sf I Concrete Under Deck = 445 sf I Concrete Under Deck = 445 sf I Concrete Drive and Walks = 1,677.5 I Concrete Drive and Walks = 1,677.5 sf I Grovel w/Poly Under Laminate = 583.7 sf I I Grovel w/Po!y under Laminate = 583.7 sf I I Toto! = 4,592.6 sf I I Total = 4,592.6 sf I -36. 1:1 -56.9% L----------i---------i----------~ EXISTING CONDITION TOM KUBALAK \ \ 10\\ \ \\\ \\\ \ \\\_.\_\ \ \.:.) > \\~\ , I I t I PC Exhibit E SURVEY FOR: RECEIVE 3 AY 2 1 20 BENCHMARKS: Top Nut Hydrant @ End of Ivy Place. Elevation = 935.67. Top Nut Hydrant @ Northeast property corner of Lot 141. Elevation = 952.98. I hereby certify that this survey, site pion, or report was prepared by me or under my direct supervision and that I om a duly registered Land Surveyor under the lows of the State of Minnesota. W. BROWN lAND SURVEYING, INC. Woodrow A. Brown. R.L.S. MN REG 15230 Doted:. ___ 0_4_-_1_0-_2_0_0_8 ____ _ 8030 Cedar Avenue So., Suite 228. Bloomington, MN 55425 Bus: (952) 8S4-4055 Fox: (952) 854-4268 04-10-2008 51-08 1 Inch = 10 Ft. 0 --0£- 0 ◊ "' t•,)."·j 0 ~ xBOO.O -s□o­ xaoo.orc xBOO.OTW ,800.0'i. Legend Ovethtod Electric -· Hydrant Power Pole Concrete Concrete Curb Deciduous Tree Orovel •/Poty Under lominole Existing Spot Elevation Existing Contour Top of Curb Spot Elevation Top of Retaining Woll Elevation Centerline of Street Elevation ., :;) . :;) $ ~ ,r· ~ Denotes lton Monument Found o Oenoln Iron Monument Sel LAKE MINNETONKA WATER ELEVATION = 928.7 APRIL 7, 2008 OHW = 929.4 929.7 PROPERTY DESCRIPTION: Lot 141, SPRING PARK, Hennepin County, Minnesoto. SITE ADDRESS: 2623 Cosco Pt. Rood r----------T---------T----------, I AREAS: I AREAS: I AREAS: I I Total Lot to OHW 12,728 sf I Lot to OHW-75' Zone = 4,649.7 sf I Lot 75'-250' Zone = 8,078.3 sf I I Existing House = 1219 sf I Impervious Surfaces = 0.0 sf I Existing House = 1219 sf I Existing Detached Garage = 677.4 sf I Existing Detached Garage = 677.4 sf I Concrete Under Deck = 445 sf I Concrete Under Deck = 445 sf I Concrete Drive end Walks = 1,677.5 I Concrete Drive ond Walks = 1,677.5 sf I Grovel w/Poly Under Laminate = 583.7 sf I I Grovel w/Poty under Laminate = 583.7 sf I I Toto! =_ 4,592.6 sf I I Total = 4,592.6 sf I -36.1% = 56.9% L----------i---------i----------~ EXISTING CONDITION TOM KUBALAK SURVEY FOR: vVITH PROPOSED HOUSE ADDED BY SHARA TT ----------------------__ ,0c! ____ I -------------~ I I RECEt MAY 21 ✓ 3 BENCHMARKS: Top Nut Hydrant @ End of Ivy Ploce. Elevotion = 935.67. Top Nut Hydrant @ Northeast property corner of Lot 141 . Elevation = 952.9B. I hereby certify that this survey, site plan, or report was prepared by me or under my direct supervision and thot I om a duly registered Land Surveyor under the lows of the Stote of Minnesota. W. BROWN LAND SURVEYING. INC. Woodrow A. Brown, R.L.S. MN REG 15230 0oted:, _ __:0c.:.4-_1:..:0...;-2:..:0..:c0B:.._ __ _ B030 Cedar Avenue So., Suite 228. Bloomington, MN 55425 Bus: (952) 854-4055 Fox: (952) 854-4268 04-10-20D8 51-08 1 Inch = 10 Ft. Legend --OE--0,,o,hcodElool"c: 0 -O Hyd<onl a Po-ar Pole f 1'-' -~1 Conc<olo -==== Concrela Curb 0 Doc:....,.Tttt ~ G,o,el •/Polr Undet Lom'nolo '900.0 x900,0TC x900.01W '900-°'i. Exislv,g Spot Eleva&ft E:irislift; Conlour Top of Curb Spot Elltwolion Top of RetoWng Woll ~lion Cenlstline of Strnl ElcvotM>n Denoia Iron Monument Found o Oenotas Iron Monum.nl s.t .,,,.-.... 900-­- LAKE MINNETONKA WATER ELEVATION c 928.7 APRIL 7, 2008 OHW c 929.4 / ) )) a E / / ) / ~ ~ ) )J ) ) ) PROPERTY DESCRIPTION: Loi 141, SPRING PARK, Hennep;n County. Minnesota. ) SITE ADDRESS: 2623 Cosco Pt. Rood SENCHIMRKS: Top Nul tfyo'onl O End of Ivy Pioc:e. £Jewolion • 935.67. ~~ ~~ 1~ Notlhecst proptrty £lewolioft • 952.518. TolAf $100' CoJsyjgJiQDI TolQf Plliavf,c ""'-d -• 210'-0" Unoal Fnl Exiafjng Geode: frrimrJ,r Brnrolb ltw §fl Bn:t-: MPia llrtl Snh-lktPC f..oke £5evollon • 40" -o• North Elevolion • 21•-•• South E1tv0Uon • 1$'-ll• Totol ;;,:;,i.- 3&.7" of totol < ~ • Not Cons;deted o Sloty Z Sloria IalAI .,.., IalAf I Al IA QMW • 12 ne ,, EzisUng House • 1219 ., E:a:isling Ottoc:htd GorQ9e • 077.4 sf Concrete u~ 0rKk • 44$ sf Concrete Drws ond Woks • 1.577.5 Grovel w/Pofy Undat Lorninole • 583.7 sf Total • 4.,592.& sf • 3&.1X ~rur:_ ~, ... • 18.4,C OF TOTAL LOT AREA IOI 7$'-2$0' ZQNE • MZO 3 sf Tolol Exislv,g -• 4,592.& -58.9,C PROPOSED ABfi':S· Tolol Lol lo 0HW • 12,728 sf Proposed House • 2.21!.9 sf Including concrete under decks. Ptoposad Concr'ele Otivt: ond Wales • 1539 sf Tolol • J,5&9 sl • 28.8" SIBVCTIJRAL CMRACE Proposed House • 2.21 S.9 • 17 •◄" OF' TOTAL LOT AREA IOI 7$'-2:,0" ?CH • ft0Zfta3 al Tolol Hon:Sc:ovel • J,5&9 sf -◄$.◄" LAI Pt1W IO 7$' ZONE • !61:9 7 sf Impervious Surfaces • o.o,c PROPOSED SITE TOM KUBALAK PROPOSED HOUSE FJDrftomtt• t!2 ""' ~~--~ ...... PLAN FOR: ...... -.......... ...... -.......... -.......... ----·~----... ,; -.......... 1 Inch • 10 FL ~ i I I NOTES: * EXISTING HOUSE TO BE REI.IOYEO * EXISnNG GARAGE TO BE REMOVED * EXISnNG CONCRETE TO BE REMOVED * EXISnNG GRA\ltl W/POLY TO BE REMOVED w. BROWN LANO 5URVEYlfrG. INC. Woodro-A. aro.n. R.LS. IIN REG 15230 0o1tc1· oe-OJ-200S W. BROWN LAND SURVEYING, INC. 80.30 Cedar Avenue So.. Suite 228. Bioom;1191on, IIN 55425 Bus: (952) 854-4055 rox: (952) 854-4268 rawn:i: Oare, OS-03-2008 96-08 Scale: 1 Inch • 10 rt. 1 Of 1 ELEV • ll8'•f '118'~ TOPOf' f'LA I I I I I I I 1 I I I I I I I I ---,---,------------r--------r--------r-------------y---- 1 I I I I I ! [ : l [ : l -----EXISTINGGRADE : I I ! ! 1 I 1 I I I I I I I I I I I I I I I I l 1 I I I 1 I 1 1 I I I I 1 I I I I I I I I I I I ! I I I I l I ! I I I I ! I I I I t I I 1 I I I [ I I I 1 I l ! ! l I I ! I I I I I I I ! I I I I I ----7 --==},-------==_-_____ _-____ r_t-==..:-t-:;:-----==-, -t-:;:} -::::::::..:-_-==..:-_-::::::::::.,:: _____ _:-_-=:::::. __ ~_-_-=-:::::,,: ____________ -_==:: ~ -~'l----i~A.H!".i,1,,-''"'--"'--,.:: ; !!l w !,} Q::,: .• ~ i .; ... w ::,: § ... • DC lll I I I I l I l L---------~---------------------~---------~---------~---L---------------------------------------------------------------J KEYNOTES, TYP. ALL ELEVATIONS r.,-••-.IOl•-11IL . ...-TO L.:.J 11AICHIIOO' ~IIXl!IO~ ll"IP \IIIRIICAL --1110 ALT. TO 111! COl"l'llt. 0 TN'IIIOIDlD ~NAIIIUI. 6\'0II CQJl'N llolll. IIATll!IID "6-llll!•CAIIT C:OC. CAI'. r., -·-.... ,_ t.=J,,.. __ _..,AICIAllOMO • t•SM•...-• ... Cl!OAIIVGll00\ll!-IT --IEIIOAlll)At-EI 1-MEI llOMO At -11 LI\IIIL lll!LQl-116 UNO. :t.19-11 llOMO At l1AN LML lll!LOll-116 r.1-•lll'LIT•Cl!DAll-••­L.:J ALDEO Ell)6.MQLI) A1111.6"AIIOYE GltAO£. r., -• CIOOlt 11111 no Ill IILICll!OJIII DIL. .,._ t.=J IX lEAD CAl".ll.ClP'E TOP TO DIWlCOYElt CAI" 111W AIEF-D lt!TAL PLAIHll a, -AT lllllll NOT l'IIOIICll!O BY -IT OIIICTLY AIIOlll!.ICl!ll' IIOTT01T0- 2>Call!AO Tlll'I __ ,... «11.L.ILOPI! TOP TOOltAII t lCl!ll' IIOTT01 ICIII! r., -"6 ll'IC'O. ~ ICE • lllltElt-LO l.!.J AI.Ol,G ALL IIOO' IDGU AID AI.Ol,G ALL VALLI-rt lll!LOIIPL-. 0 111 IIOO' l'LAN Ol!TAL 1/MPOIILOCATICiN&O, PRE••-11ETAL GIITTEIIII • 00Ulll'QIT6 "6 lf'IC1). r., ~ Cl!DAll-16 TOIII! -ID 0, A• l.!.J lll!TTIII Cl!OM a, 1101.1> tt9111!1 Ull!II -I!. LIii! IOI•-F"6TENEllll,AIDMlllllDll100!M -TO-• l'Allll«l. Ill Ol!TAL .,A\ r.,11!1)U1Cl!OAII-T6TOlll!-IDO,At l.!.J lll!TTIII Cl!l)All a, lell.l) tt9111!1 Ull!II -I!. LIii! IOI•-P"6T-AIDMNOl!Dll100!M­ TO-• l'Allll«l. Ill Ol!TAL !lolA\ ~ CONTIIIDll'COIIJIA•-111NT TOIIXll!ll)l'ILL Ll>GTWO,-.m>. G 0\11118.AYOM.CIOOltl'ATll!IIIAI-IIDc'A•• lll!TTIII Cl!OAII TM'I, De• v.-. ~ COPl'l!lttOlt--Olt!TAL IIQ0'1161il,tl)l)LI ONIII.PNIT AID !Cl! AID llllTlltllllll.D.1111'1.AN OETALATJ/M. ~ liAIILE 'lltll1 DETAL. IIEE OETAL !IIA\ B ICIIXQI\' PL-.111 Ol!TAL 11 ... ~ Cl!OAll-11 QI-Ila.Ill Ol!TAL I/A\ ~ Cl!DAll lt!OU, lllUQCl!t.111! Ol!TAL !IIA\ r,:;i 11E0U'I CEOAll -16 TO IE -ED o, A • L:.'..J lll!Tll!ltCl!OAlla,ICll.l)ttel!llll .... -1!.l& IOI·-•A&TN!la.AIDMNDl!D ll100!M -TO-t l'AIITl«l. IEE Ol!TAL .,A\ ~ ~ IET-llllLL ~11001.IPIICIEENll-rt'IEl'l ~--a,-IELL • LAOOElt ~ CPIIONAL 1Xl11'1!1t des1 company 464 Second Street Suite 100 Phone: 952.470.9750 Fax: 952.470.8407 inf«@sbarrattdesign.com Excelsior, MN 55331 Al 112 AS ... ... .. A1 .. ...,. ... llll!"'-'".GNIULNOll!6 -DMllll1!Nl'l'LAN flllll::IIIClelD 11•r PLQQII Pl.AN -O IICOl)PI.OOlll'LAN -1) ~ ILl!YATICiN& -1) IICUTW ILl!YATICiN& ....cll!D UICI ILIVATICN -0-ILl!YATION &MAMA.TT 01611:iN • CO. LLC. Cc:iNTACT, Ml(! IWAMATT ISSUED ISSUEDATE PJ.OPOSBD NJ.W CONSTJ.tJCTION OJ: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 tlllAL -OOQl'.IOll!IIIWLNCn'• maB1'm'DNOOfaN't0f C)COPY:UGHT 2.0H SBAHATT PC Exhibit G 2 1 2008 CITY OF ORONO ~•-­~,---~•--­ ~!,--- ~,4-­~,---~· r --------------------------------------L l!i>'•31/8" I I I ------__ ,_ ----- ' I I I I I I I I I I I I I I I I I I ------------r--::.==t:::"::":-------------====---=-====--"::...::::-===-_-::.====---=-====---=-====----cL,----- ' I r----J ,.., ..... --------------------------------~ r ____ J ..,,. ... ,.., ......... .,,. ' / ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~----s-::-~J------- ELEV • 118'•:I 118"~ TOP OF PLATE ELEV.• 111>'•1 3/-4"~ TOP OF eue FLR. des, company 464 Second Street Suite 100 Phone: 952.470.9750 Fax: 952.470.8407 info@sbarrattdesign.com Excelsior, MN 55331 ••t lCIDC .., IITl!l'L .... GINRALNOIU Al ..-0-,l'LAN .. , ..-0 •NT l'L00R l'LAN ... -■CCI«) l'L00R l'LAN ~ ..-0 I.Me a.l!VATIOI\B ... ..-01C1U1Wa.l!VAIIOI\B .. , fllllCIICllll0 UICI ILIVATICN ... PIICPOll0 N0MW ILIVATICN ewAlllltATT 0161GN 41 CO. LLC. cc::M'ACTt MIC.I! IMAl9U,TT ISSUED FOR Iii !iii !iilii is!:! is Iii ! 6~ ~! ii ii Iii~ I !3 lSSUEDATE ~ 5l 8~ IO!>lfinH& X M/16/2""8 X l)S/21/2""8 X PIOPOSaD NBW CONSTIUCTlON 01: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 SHEET NUMBER MAY 2 1 2008 CITY OF 36 I I I I I I I I 1 I I I I 1 l ~i ~ L f L --------------------------------------------------<4411'•11>" --------------------------------------------------J PE-11!111-AGREATEIII IIWI •" IIELQll1AII LEVEL TD.-•R.OOlt @ ~~:-~-~;VATION rm ELEV. , 118'•2 i111•, ---TOP OF Fl.ATE KEYNOTES, TYP. ALL ELEVATIONS r.,-·•---•-1'11. . ...-ro L..:..Jl'IAJCIIIIOO'CQ.Olt!Xllll)P-ll"IP YERIICAI. ---111D ALT. TO IIE CCPf'ER 0 T-REDICCX>COLll'NII.NAIIIUL ITClll! COI.IJ'IIIIA!E. IIAT'll!lll!D A6 -ll'll!•CAIT CCNC. CR'. r., IIOO' ICIGI Tlll'IICIDMI l..:'...J ... __ !,/QIOFAICIAIIOARD • t•!IH"ElCI' • ... CIDMVGIIICOYl!-IT -•-ll!-ATGAII.U 2--215 IIOARD AT LffERLEYEL IIELQltlCFPITt UNO. --ll! -ATl1AII LML l!l!LOll-11& r.7 -•11'1.IT •CIDM-U.•• -L.:.J ALtMD 1!ICt. NOLD A -•• A80YI! GRAD!!. 171 INlOII • DOOR 11111'1 /TO 111! 111.l!C'll!DJll!I DTL .,..._ l..:'...J 1l< leADCR',IILQl'I! TOI' TO-COlll!RCR'UTM P'Rl!P­ l'IETAL 11.AIIII, ll' CRIP AT lllUI NOT l'ROTECTED sr tlCFPIT DRECTL Y -Kl!ll' IIOTTCt< IO DRP MMIADTlllll'I --11111'1 4X IILL. II.Ol'I TOI' TO DltUI • KIii' IIOTIOl'I ICIGI 171 -A6 ll'IC1). l'IICM0!! ICI! • lllTllt-D t.::.J AI.CllG ALL 111001' ECCIUAN)AI.CllG ALL VAi.LET& l!l!LQl"-- 0••--DITAL llNIPOltLOCATICNI0/1 -·•-l'IITALGUTTlltt•-AI lfEC1). r., L-CIDM llltolCICIIS TO 111! ,._ID 0/I A• t.::.J lleTTlltCIDMll'IOLD T,_lttMIII! -1.1111! -•-PAITIM!llt.AN)l#lll!Dll'IOO'IW .,_TO_,,__ ll!IDITAl..,A\ r., l'IIDU1CIDMl!ltolCICIIS TO 111! -!DO/I A• l..!..J IIETTER CEDAR ll' IOLD Tl'eERt HRE !Ulllll.E.IIIE -•-PA&TNllt.AN)l#lll!Dll'IOO'IW­ TO-, ,-ANINI. 11!1 DITAL !WA\ ~ COlff-'l:OflltA•IIDGl! Vl!NT TO!Xllll)N.L LH'"Ol'll!DGE.TYI". G OYEILA1' al. DOOR PATll!IIN .16-ll"' 'A'. lll1TlltCIDM TIii'\ 1101 V•GIIICOYI!. ~ COl'l'l!lt/Olt--Dl'IITALIIOO'IOJllotDCI.I CN 11.P MIT AN) IC! AN) lllTIR-LD, 11!1 l'I.AN 01!TAI. .&Tl/A& ~ IIAlll.l 111111'1 DITAL.11!1 DITAI. !WA\ ~ CEDMtlCFPIT QllRICIGEllll.!EE DETAl.1/A\ E!) CIDMl'IIDU1 llltolCICIT,11!1 DITAI. SIA\ r.:;J l'IIDU1 CIDM llltolCICIIS TO Ill ,._ID 0/I A• i.:.:.J lllTTl!ltCIDMll' IOLD ........ l'IAlll!Ll.1111! -•-FAtl'Etl!IIII.AN)IIOlllEDll'IOOTM -TO-,,__ 11!1 DITAL .,A\ ~ UNltCAl'I lll!TANG lllLL E!JeTAIIDNlll!Al'ICOl'l'l!ltllOO' ~ ltOOL IPIIClll!l!NIT&'ll!l'I des1 company 464 Second Street Phone: 952.470.9750 Suite 100 Fax: 952.470.8407 Excelsior, MN 55331 info@sbarrattdesign.com Lill.lCa>C Al 11'11! l'LMlON-NOTU ,a ..-0-....... .., ..-0,111111TPLOOR ... AII ... -0-11.00III.._AII Al ..-0 LAK1! ILIYATICNI -,,_D IIOU1UILIYATICNI A1 ..-0 L-ILIYATICN M ,,_D_,. ILIYATICN tMA-...TT De91GN .t CO. LLC. CClNTACTt t11(! 61-lAMATT ISSUED FOR m ml mm ~ill zm ~ H ii ii II m~ lSSUEDATE lil~ eJS/00/2«J& X '"/16/211N'& X esnin«J& X P:lOPOIID NIW CON9T:lUCTION OP: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 SHEBT@NUMBER 2 1 2008 ORONO 'il-48--- 'il-41 --- 'il-46--­ 'iM!, -- 'iM.C--­ 'il-43 I I I -----L---------------' I I I I I I I I I I I I I I •·-e•~0UJ ~ TOPOFEHLR I IJM2 ---: I -;,-=-=--=------l~---------------------------=-------------------::---1 ____ 1 -------~ ------=-- ',,, L I ',,,,,,:_---L_ ___ 7 i EXISTING GRADE-'---- ',,,, L ____ l _________________________ _ ',, --------------------------------- !i l:! !I! ;~ i-!j! § ... :,: !:I !I! QD .• ,q ... w :,: § 21'•8V2" -IIIIAMAGMAllll-•'IIILClll..,...LIML TAU,'1.0QI) ------- !i l:! !I! ! ~ ;i, w :,: § i ~ !i :! 1 !:I "' -; !I! • » D §l . ,q i w :,: § ... • ~ ELEV. , ll!lt)',t)" TOP B Lit la.L. • '!&2'•1)· i ... ~ ------- !! » ~ .• .. ... i ... • II( :t company 464 Second Street Suite100 Phone: 952.470.9750 Fax: 952.470.8407 info@sharrattdesign.com Excelsior, MN 55331 •-· INm>C .., 11111'1.AOl-ltAL NOTH A'J -1)-1'1.AN ,u -1) PMT l'LCO!t !'I.AN ... -IICOCl'LCO!tl'I.AN ,u -L-ILl!YATIONI ... -ICUTWILl!YATIONI .. , -D~l!l.l!VATIClN ... -D-™ILIVATIClN IMAMATT Dl&IGN I CO. LLC. CCNTACT, 1'11(1 &MAMATT ISSUED FOR i ii ii es Ill es i ~ 6~ ii Ii el ii its ISSUl!DATE i!:il 8~ IIOS"""'2H& X ~IIE>neitJ& X "5,J21/2e,f)S X ~ PtOPOSID NIW CONSTIUCTlON OJ: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 SHEET 2 1 2008 CITY OF ORONO 36 1:::4!•i-1•C::;:::;: 3 ;•. 1 C 1 •:::;:::::::::::::, 13 ; •• ,: 3 .::::::::::::1::::::l~==~w,,~~-'il~· ~,.;.s~-=~•~r~-tJ~-~~f!~ ::; ... =/~ .. :":~ =~<.= •.;····.· :c~ =.=~-... ~~ .. =~.:.a.~:/.~~.~;~=.:;. ~.=~.~. ~~ .. ~~. ~;~ :~~~ :~~-~Z.· ~·::l'il~I·~•:tJ~:-~:; =~==;~.: .. ~:.~~. ~:-~: .. ~~-~;·'.'.~: :~·~; .. ~•:i =~;i =.,-~;-· ~;. ~-;-~/~.~·~·-~;·: ~;. ~;;~J~ -, • I I • I ·~ L-LAN06CAF'E l<ETAINING WALL I I I I I I I I I I +-~ i@ I ,.. I ':' I . ":~I ... £ I ~ io I I I I "r-1 I I I I I I .'ir--1 ~ I & I .;_ I .-c--i ~ I ;:, I l I I '? I I "' I I I I & I ;;, I I I & : .:-I I □ --r- _______ _J -----m-.. •: ... ·."' ,-----11 -----1 -7 V,·111· 7 :i17·•0"><6'•&· ~·•&"><6'•&· : I .l 1 I I I I I I L i I I I I I I I I I I I I I I I I --I I PATIO I l I BATII l I --I 1 7-8x9-0 .-,,.,. I ..... j :@1_Uf✓>< i _________ _J ~ I I I r_J I I I I /D'I' ·o / I / I I ~ L ______ _ l_ ______ _ I --­r----- r--------t _______ _ t7 ____ _ I ~-------= ... ~ ' - ' I ELEY. '"°J' ~ L _ -lt,=::c::JT--_,. MECHANICA1 8-0x8-0 l D ____ _ -I~--~ UNFINISHED 30-0x23-0 UP 16R<11l·• X It)• T. ,----7 I I _____ 1!! r-7 I I I I i i I I I PATIO I I 15-10x8-0 I I I J J I I I I I I I I I I I I I I L J I- ===========--------------------i---1 L_ i .---I r----11 ====--r--71 1 I !O 0 I I I 7 I I I, I: I I I I I l / I I// I I/ I/ I I l I I/ SPAREROOM 14-0x~ I I I I I I L ~ I I &TUB IN GAS LINE rr-FOR FIJ'IUIIIE Fll<Ef'LACE I I I -.-:·· ... : ~ .. ; .. .,.--,--,.·-IL------ t)" 3'•1314" 6l'•tJ• SHOP /GYM/STORAGE 20-3x27-11 .. ... _:· • •• '~~ • : ·'Q •• ....... ·. ' r---7 : I ' I I I I I I I I I ' I I I I I I I _J ~ • II ~~:-· .• I I I • ' I I I • . •. I : I I ...:_ • I • I L7 r 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 r:_J I ½ .. I I • I I . • ' I L_J ... I •.. ; .. ·•·• .. • I ,-.J 2'•ltJ• 2·-•· !1>'•4" des, company 464 Second Street Suitel00 Excelsior, MN 55331 Phone: 952.470.9750 Fax: 952.470.8407 info@sharrattdesign.com Al A1 .., ... A6 ... .. , ,.. lll!l'Ut(Gl!Nl!IULNOIU -D-"'-AH -D•NTI\.COltl'UN -D NC:00 II.COit l'UN ...,...,,_0 I.Ml! l!L!VATICNI ,,_D lalTW ILl!VATICNt ,,_D ~ ILl!VAToc:N Jlll2IOll!D 1rrl'JlffM l!L!VATICIN ~TT D!&IGN a C:O.L.L.C:. CCINTACT1 1'11<1! IMAMATT 6D!l,ICTI.IIIPAL ININ!l9I CCl'll"ANY CONTACT1 -­A00Mllll2 -_, GIN!l!AL CClN1]UCl'Cl!ll CCl'll"ANY CONTAl:Ti -­__ , -_, ISSUED FOR m ml ZtJl mm zm ! §~ L$UEDATE ii Ii Ii ml ~ r, i SJ 8~ filelaf2H& X Mne.n~ X "5>/21/2ee& X W CONSTaUCTION OJ: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 MAY 2 I 2008 CITYOF 36 It ;, l'.. ii\ :. ;:, ~ I ;. I I I I :., I ;;, I I I ; I it I I :., I Q ;;, I I i,) I ... I I ~ I ;. I .. ;. "' ;;, §) iD :., ;;, ~ ;. •.. ,,. DECK ~ BREAKF 15-0xB-0 3•.11• 32'-f)" 22·-.i· I !L!V.•S# ~ ;.,.,.,;~= 4=- ENCLOS DECK 15-10 8-0 =CPJ ... ,,. 3·.11· D. v. GAi FIREA.ACI! o/ &TCH! IIELCIII MANTEL MC IOIOTTY ALDEIII Al!OVE. o/FLAT 9Cll!El1 TV l&'l't'l:TIIICAI.I w,v.i• I I : :;, I 11,g : :a I Iii, I I •·-e v.i· 32•.,r r-e· .... ,,. r-- 1 I I DININGROOM ~x14--0 OAKFLR. e·-e· 61'-f)" n.·uuo.PT. 2'/1'•"" .... ,,. ---~~~--==-------- 3'•2" GARAGE 22--0x25-0 I ELEV.•\916 ~ D'•f)" 21'-f)" ~·-,r ~•-,r .... ,,. -FINl9IIED lllllTEPOCR .... ,,. I I I I I I 11 I I I 11 I 11 I I I I I I I I I 11 I I I 11 I 11 I 11 I 11 I I I I I 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 I I I I I I I _ _j des1 company 464 Second Street SuitelOO Phone: 952.470.9750 Fax: 952.470.8407 info@sharrattdesign.com Excelsior, MN 55331 "' ,u ,u ... At .. .. , ... 11'11!1'1.MlCll!ll!RALNOIU ..-oll!0-1'1.AN ..-o11o••rl'LOQltl'I.AN ..-oll!O ll!C:OC l'LOQlt l'I.AN ..-oli!O LAICI IILIIVATIONI ..-oli!O ICIIIW IILIIVATIONI ,.,.,,.,,.0 I.Ml l!LIVATICIN --■LIIVATIGIN !WAMATT Cl!!&IGN ,1 C:O. LLC:. CCM'ACT, l"IIICI: tl-lAMATT ISSUED FOR ffll ~ffl ~ffl I ii ISSUE DATE ~! ii G!')&Jl)t)l2H8 ~/1b/2""8 X M/21/2""8 X ' ' PI.OPOSID NIW CONSTI.UCTION OJ: KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 SHEET NUMBER MAY 2 1 2008 CITY 3 e;·.w,• r..._LP:llTOPIIICa'AIIOIII! r------------------ IJ I I 1 I I I I I I I I : ! : I I t n~ -~ Ii ., ,, -0--\7- I 7 I I. ( ·I @ ©; BATii - U1 7-2xll~ / I 11 /"C.T.', I (\/ lAI i '- I 2·-•-...··•·' t_j 7 ---1 '' ~·: ~ ~ r------~ ~ BEDROOM 11-11 xl.3-0 - I' I I I I r I I I I I I 1! i' Lf ' ' "--,_ -•I :-,. I I M.AS'l1il\BEDROOM I ----is:s,c.Js.s I '-, ' ' ' I ', I ', ~---~I-++---------------------------~ I // I I I I I I I I I I / / / / 9~ /'' // I[ L II ! / I, ! ,_, ' I L_ 11'•111" ---~ 2·-e· !>'••· -------~------ CN l1Rei,r,.•, X w,• T. - - . \ ; ~~ ~ I \~ I rinciiT I 5-6x1 kl I I I " - :~ Iii -I I I I ' I I I MASTER CLOSET _J 9-9x7-0 II I I I I I I I I I I 1, I Jli I II II .. II I ·1, " L.-,--•~w,_ --~ LAUNDRY I~ II 7-6 x 10-9 ,.,,.,. -l:i I ,/ f__! I D I ~ ·: C - ... ~ ~ MASTERBATii 8'•111" )'•I )14•" »·-111· .... ,,. 2111·-111· I I I I I I I I I I I I I I I I I _J ! l' I I BONUSROOM 15--0 X 28-10 I I ! I I t - ' i --i I T~ I I I I ! i i i I I I I i L. j 'j ., ,------ 1 12·-111· 21'·111· 4' 111· -~ ! ; 7 f''' --1-'---+---''!<-'I<- ---------4\- _______ '=, ! 4'•111" I I I I _1'----+----'k-" " I C :: I I I I I _j :-;;. ; .. des, company 464 Se<:ond Street Suite 100 Excelsior, MN 55331 Phone: 952.470.9750 Fax: 952.470.8407 info@sharrattdesign.com "' .. ,. ... ..._ ___ , Kl -D-PI.AN AS ,,_DPIIIT "-Pl.AN ... __ ._.._ ... Al ,,_D LAQ ILIIYAIICNI ... f1110PC81!0 ecurw ILIVATICNI A.1 ~DI.MCI ILIYATIICN ... ,,_DN0111MILIIYATIQN IMAMATT Dl!!&t1H I CO, LLC. CCNTACT, NICI! &MAlltltATT ISSUED FOR Iii !ill !iilil ~Iii ! I; ii Ii ii Iii~ s! ISSUEDATE !il 5l CO!>le'!/2-X IJ!>/1612-X C,:,/2V2Clt)B X PIOPOSID NIW CONSTIUCTION OJ; KUBALAK HOME 2623 CASCO POINT ROAD ORONO, MN 55391 SHEET@NllMBER 2 1 2008 CITY PC Exhibit H 2335 Highway 36 W St Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com -#-eonestroo May 30, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: We have reviewed the proposed grading plan for 2623 Casco Point Road dated 5-21-08. The plans propose to construct a new single family home. We have the following comments with regards to engineering matters: • The proposed retaining wall located on the north side of the house differs between the site plan and the house plans. One plan should be revised to reflect the correct information. If the proposed wall is going to be greater than 4 feet in height, engineered design drawings will need to be provided for review. • The building plans show a walkout door at 942.2 on the north side of the proposed home. The grading plan shows that this elevation should be at least 944.5. Positive drainage will need to be maintained away from walk out door area. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg Cllftl . . newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) Rich ard Hendrickson , being duly sworn o n an oath , states or affirms that he is the Chief F ina ncial Offi cer of the newspaper(s) know n as Pl ymo uth , Wayzata , Orono Sun-Sailor a nd has full knowledge of the fact s st ated below: (A) Th e newsp aper has complied with a ll of th e requirements con stituting qu al ifi ca­ tion as a qualified new spap e r as provid­ ed by Minn. Stat. §331A.02, §33 1A.07, and other applicable law s as amende d. (B) Th e printed publi c notic e th at is atta c hed was published i n said newspaper(s) once each week, for~ successive week(s); it was fir st published on Thu rs- day, the _5_ day of Jun e 2008, an d was thereafter printed a nd pub lished on every Th ursday to a nd in- cluding Thur sd ay, th e ____ day of ________ , 20 08 ; and pr int ed below is a copy of th e lower case alp ha­ bet from A to Z, both inc lu si ve, w hich is hereby ack now ledged as being the s ize and ki nd of typ e used in the compos ition and publication of th e notice : abcdefghi jklmnopqrstuvwxyz ~ CFO Subscribed a nd sworn to or affirmed before me on this _5_ day of June , 2008. City of Orono (Official Pub lication) C ITY OF ORONO 2750 Kelley Parkway, P.O. Bo x 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Cha mbers at 2780 Kelley Parkway on Monday, June 16 , 2008, beginning at 6:00 p.m . on the matter of re viewing the following land use applications: #08-3365 WJM Properties , LLC, 2605 Wayzata Boulevard , Ind ustrial zo nin g d istrict. request a one yea r extension of the site plan ap proval to all ow an addition to the so uthwest corner of the bui ld ing (zoning files 06-3185 and 07-3268). #08-3366 Jessica Brown and Phil Lu sa rdi, 45 Myrtlewood Road , RR -1 B zo nin g district, req ue st a setback var ian ce to replac e th e ex isting deck o n th e rear of the house w ith an e nclosed room, covered porch, and steps to grade . The re­ quired setback is 30 feet; the proposed setback is five feet. 08-3367 Thomas P. and Patricia M . Kubalak , 2623 Casco Point Road , LR-1 C zoning district , to constru ct a replac e­ ment residence , request a side setback variance to place the house five feet from the northeasterly property line when a ten foot se tb ack is required, a hardcover va ria nce to have 45.4 percent hardcover in the 75 to 250 foot zone when the maxi mum allowed is 25 percent and 17.4 percent stru ctural coverage when the maximum allowed is 15 percent. 08-3368 The City of Orono proposes the following rezoning to make zoning district lines co rrespond with property lin es: Property Address Current Zoning Proposed Zoning 2560 Kelly Ave nue Lakesho re Residential 1-B and B-4 Office a nd La keshore Residential 1-B (house) Professional Bu siness district Vaca nt Property on east side of Lakeshore Residential 1-B and B-4 Lakeshore Res identia l 1-B Kelley Ave nue no rt h of 2560 Kelly and south of 3333 Sho reli ne Drive 3333 Sho reline Drive B-3 Retai l sales business district a nd Lakeshore B -3 Retai l sa les business (Lunds) Res idential 1-B distr ict 2445 Shadywood Road B-4 Office and professional business district B-4 Office and professional (First Natio nal Bank of the Lakes) and B -3 Retail sales business district bu si ness district 2455 Shadywood Ro ad B-4 Office and professional business district and B-4 Office and professional (Dr. Eng lund's dental office) Lakeshore Residentia l 1·-B business district 2465 Shadywood Road B-4 Office and professional business district and B-4 Office and professional (house) Lakeshore Res id ential 1-B business district No new development rs proposed for these properltes. All persons wish ing to be heard are encouraged to attend this meeti ng . Thi s is not a fina l agenda and is subject to change pr ior to the hearing. W ritten comme nts are accepted and shou ld be submitted to the City of Oro no by June 11, 2008 if possible. Plan s or proposals are availab le for review in the City Offices a nd all interested persons are encouraged to con­ tact the City fo r further information . For an appointment , please ca ll (952) 249 -4620. Ci ty of O rono By: Planning Comm ission Eve lyn Turn er, Ci ty Planne r Publ ished in the Sun Sailor on June 5, 2008. Posted at: Orono City Offices Crystal Bay Post Office Navarre Post Office Long Lake Post Office (June 5 , 2008) a2-PC hrgs 061608 ;Ji ~ ~ Notary Public e MARY ANN CARLSON NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1-31--09 May 30, 2008 Ms. Evelyn Turner Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: 2623 Casco Point Road File No. 000139-08000-1 Plat No. 08-3367 Dear Evelyn: 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com #eonestroo We have reviewed the proposed grading plan for 2623 Casco Point Road dated 5-21-08. The plans propose to construct a new single family home. We have the following comments with regards to engineering matters: • The proposed retaining wall located on the north side of the house differs between the site plan and the house plans. One plan should be revised to reflect the correct information. If the proposed wall is going to be greater than 4 feet in height, engineered design drawings will need to be provided for review. • The building plans show a walkout door at 942.2 on the north side of the proposed home. The grading plan shows that this elevation should be at least 944.5. Positive drainage will need to be maintained away from walk out door area. • The existing and proposed sewer and water services are not shown on the plans. The location of these services should be included in the plans. If you have any questions, please call me at (651) 604-4894. Yours very truly, Darren Amundsen Cc: Tom Kellogg City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Application # re _. 33t;;J Date Received: 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: %:Ce~? ~k7PO PP r (',J'rf" ~kO Property Identification Number (PIN): Date Property Acquired (month/year): ___ □ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: _ _ft::'~W~-lJ;~;;_-JLl;v~~hhJ+~;r;r~' (~cl'.'.'.JPIE-~~01~Y.::,e-:1,:r-:_Jf:;,~'-fL__;2'.:fu~~~T:t· -:.1.v::_J~a,~-~~-~h~A~,~~~C-0:!2,i Phone (home): r;,;;,., ~ \/\I") Phone (work): .q13z4--7~ -q'-tt";?O Complete Address: · .r -t b4 -;;?.-~ ~"l City, State & ZIP ~')C~~t.tJ(:?.:-. , lvlfv <G"i;;,'?;:~ J Email: / Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: -f:o M .~ P~IT""·t:'. ~ Li ($',A-L.,..A? Phone (home): ,q;,;z_ -4-e?f -~4[0 Phone (work):'t 6(.2--Z-~1-,i:}/?;7'7 Complete Address: :z. b;i.:::z ~~ ~rµ:r-P-&~ City, State & ZIP ,?' ~vo I /VI; N' . % -pg I Email: · ' Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): k:-ut?A-l--A:'.:~ lt{f""f3f;ND W ~~E ~,IP-~i-$>11ft:tb /;?E"'f1.j;r2..1t.lv~~x;, r--Jo ~..J -Mr_µ f:z,re...J.411V b ~-t.1~1\..1 ~ .A-NO pa~~ l 1 1;( l-t-l+ A -14 -#3 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: aA'-t (:, tv) Meeting Dateffime: 5/21/09 I I PC Date: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: U-t..~ C::::J,.½cc;:; ~, 1'----\ r 1:2 cAQ Property Identification Number (PIN): :Z,(11) -l l '-7 -..?--? -.:z.+ -~t:? "?;;!- Zoning District: L¥". -LI Size of Property: 12 "=f-u""S ;:.c: I ) DESCRIPTION OF REQUEST: □ Average Setback ;ef"Side Yard Setback □ Rear Yard Setback □ Lake/Front Yard Setback □ Hardcover 0'-75' )8.Hardcover 75'-250' W Lot Coverage ft{'Lot Area ·□ Other: - □ Hardcover 250'-500' )~lot Width □ Hardcover 500'-1000' Applicant's ·~~ HARDSHIP: Applicant and/or Owner has received the Hardship Documentation Initials: Owner's Form, understands it as it has been explained to them, and is aware that it must be Initials: r~ completed and submitted in conjunction with their formal variance application. Applicant's ?f-BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's f~ initial application fee, as well as provide an escrow in the amount Initials: $ 2 1500 to guarantee payment of the above. OTHER INFORMATION: Qdv 1Se Q , :s½ c:.hJY A\ C'O'v0v P9e.,., u,-,d I b~ C\ 1fh (L, \ ~ {J;c\,1iS<?cl ve c(vCQ.. clr,veJ.UL}{,( lv/G ~'.\ -b redL.{)>_ V¥?rrdCQ.V( *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form will be completed by City staff. Applicant Signature: ~k-)}J. kJJ,1_ Owner Signature: /Jd.J;.~;,· 1)1 .. /!JJrA_ -9 - Date: Date: #3 of APPLICATION ESCROW AGREEMENT Zoning Application #08-33 Co J 2008 AGREEMENT made this to day of _M ......... A{;f~--.... • 200J, ~y qnd betwe~n, the CITY OF ORONO, a Minnesota municipal corporation ("City") and°J fkJ r , "Vi, ~ .l::J1 /..c; /q k [a corporation -optiona~ ("Applicant"). Recitals 1. Applicant has filed Zoping Application #08-3 :3 b 7 formally requesting the City to review plansfor tA:r/A'Ylce...,s, _TO build R/».J hcuse.,_,, located at 2 ~ Z S C#5¢o Pf , a~ the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. 2. Applicant requests the City to review said plans which requires City approval including 1 / Av ie<l:1 ce.._,~ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW F~NDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit$ 2(1:,00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the A!?plicant, reviewing the plans; and preparing agenda packet material for City Council review of application #08--~'3fc,J . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: ?f~ ~F ORON~Q By: l1all AO ( I -~ . Its: fl \sJcx'-.rv u: . ~; n_ c.Ao .- APPLICANT/ OWNER: By: Yttx:«1,,' /11.):: u_,/JuA Its: ____________ _ -10 -#3 2008 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this __ day of _____ _, 2008, by the ________ of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The foregoing instrument was acknowledtgheedhubsebfoarned m 0 fe this __ day of -----~ 2008, by ________ _, the Applicant. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ...,,•.wi,t',;iJ,:.:.'r.;,,.::"\:·~.:·:._.:. 1.-'·. :. ·• ~,~·\f.J',_/,:'=:.:.•~0if-::t.'~ . . !if:. f~A"i"TOOJf/1 :,: [·.'.(Y(1i§i'( P:J~f;,UC-Ml~A I ::it C-i:::,,;iwidll 1:pfi,n Jan. St, 2009 { ,f,;./,·"/ -~, ;· . .__: ➔•:-'''-~1-,,Ji.~ ', (._,i', . .,r::;,,_.;;.,"!·~f-f:-,lr.R~'i1l STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notary Public ~M~ Notary Public This instrument was acknowledged before me this _____ day of _____ _, 2008 by ______________ [name of officer], the ________________ _ [title of officer], of ___________________ [entity's name], a _______ _ ________________ [entity's designation, e.g. a Minnesota corporation], on behalf of the __________________ [entity's designation]. Notary Public -11 - HARDSHIP DOCUMENTATION FORM 2 1 2008 CITY OF ORONO This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." Ul--/!7~f?-T~ v'ffi~l)n_ ~~1-o/ , T~ tzf~7 i41')'0 ~ V-1=:.L,~~ ~ 1~ tz, -rtt-~ ~~E;P.~ '~;.µ ""'°'r ;;,e: ..toN"f'rf'Jvs:aQ 1 ,,,4-t-J.o -t"ftL"5 /,~ Ut-..,.P:.~f"".J/rr~c.e, . 1 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." ~ ~ 'll'JA-'OF-'.&uk?'-r1 -r~ "E,,C!~tvh--"':7 vctvrze. .A-Nro,r1f1'; '. ~y2..,,o& 1-r e:::::-~?">~$ ~ uµck~s: -t29 ,-1,:rf~ t~~~2~1 frr-t.!.O rv-or ?&>-~~ f:?Y ~1$' l,.,,/2-,µ~rv~ra-, 3. ''The variance, if granted, will not alter the essential character of the locality." IF '6-Nn4 t&tc>, ti-J-G. \!Mlhr'~ Wil,<.,.. ( A/41P~tE!: n{G. &~,z:;;;t:Er2-. eep '1"1frE:. ~z::;-A-1-1 rr t2Y ~~Nv~ 1v-c-i-1=<;;.s N6tv...:.. ~tl~M rw~ r'f'NJ!;:I ;vt.1./.?bt JVt,,o(2G ~~~, 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." ':t:,l+e:. & W-fv~(Z.. lb !':Per Jpr;l-c:;fC?ps;f N4:, JD 1if!:;,U/i,,.,::::, ./4-~~--tiV ~ t?/P -::5,~ ar:2-.MA:f&E; /t/4-&lf..!.'G;..':f"", l::t: I"?' F&Yt..-f"SH ~ f t--J f/ ~4 r-~ IV'-,,t:, f.,t ~ l~('_ / ;J 7 ft£, ts:->L( ¥1Wb ~N -4,('J~M, ,1,v~ H-o-M~ , 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." N h, 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." N O &7'~~2-l/4~ T~vV A-· ~ I fv,::;,. c,e t:t:i·&f I 1.-'-f trlr:1 •. NtfE l-""7 '~o~a.o, . -17 -3 MAY 2 1 2008 CITY OF 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." k, 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." ~J. ~ rt -n,~i-2-A-D..J fg;,f=.fJd."''" p('-:1-Pfi'-ra<t'Y ~ ::t ~ s:;:,e4~, 4 -6 7r1-(.I ?'t"1,-I~ ,I 9. "The conditions do not apply generally to other laq_d or structures in the district in which said land is located." f 4/M [v~ -fv ~ ~ A::@ov'e, l 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Y~4 , 'f1,f-t e;; l G ?t?-,d,rrt3•-~,-~\\ VJ.i;'.. -+-o -r&f-6;; ':? v@C,,;;\~ ~ P{4;u?~A.-:rv GZ:f be+T"~ ~Vl,Af:'> L-Y k~~ ~•( ~"1fi?.-tC,,f'ttY, 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." '-=(f!%S,1 '-fr;H•<:7 1 ,s, .?-~~::t::,,, -ttfE-1~Cor:X:t:E'..-v M~..f? -t-:.t-~ ( i\J"f'-g-r\..J(t""° ,p c:. ~ ;:;?A fJ:1,A;VUJ? ?-at~ A:(vD . 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." lr rs ~Jor ?~vr:G,-rJ(f'1iif-Jj'-~ 'pvt1L-10 A:: Et,;1v:.e::.t10-r-rt'~:-1.-N-~ bf.aME, /-'/2--t:2' 4~/,JO A-'-ft;;~ v-c?fNb -r-r.t,t.v-w~f ~,r-~,e;,&;4s;, Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): L / -18 -#3 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) . EXISTING HARDCOVER IN ZONE A. House B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 0-75' 75-250' 250-500' X = Width X = X = X = X = X = X = X = X = X = X = X = X = X = X = + B _____ x100 = PROPOSED HARDCOVER IN ZONE (including existing hardcover to be retained) A. House ______ x ______ = B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape· Underlain By Plastic G. Retaining Walls H. Other Length TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A X X X X X X X X X X X X X X + Width = = = = = = = = = = = = = = B ____ x100 = -21 - Date: -:S--Z. I ~o S 500-1000' 2 2008 CITY OF _ ___,_I ?. ___ P_,j_<i--S.F. ______ S.F. ______ S.F. ld-:t-:t-.4-S.F. l lo+1-. 4--S.F. . S.F. ______ S.F. ______ S.F. 4--¥-:.::i S.F. ______ S.F. ,S<o~.'"f-s.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. 4-::::f\z;,. & S.F. A 'l½n7B-~ s.F. s $i,:,k"'·l % ' \ i."'fo S.F. S.F. S.F. &,"7,'C-S.F. 1.4b 1 S.F. S.F. 17. S.F. .<l.4 S.F. z'..:'{0-"7 S.F. . S.F. S.F. S.F. S.F. ?f:?S.F. S.F. :2;1 d,/1. S.F. t,c,1?7-~ S.F. A?,.4.-% #3 A B REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. Wetland BufferEva!uation 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 your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of other governmental agencies required by law. If you refuse to supply the information, the application may not be issued. Applicant's Signature: Date: -----------Applicant's Signature: Date: Owner's Signature: ;s--J/-oY Owner's Signature: -15 -336 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM ., '\ \ ,\, .-, -I (we) · ,\~,", '•1"'" 1 j; ,,.,. rt'<l✓'i• [print'name(s)] of d\t.. 3:::' Q.J~-8.c,o-·?1' \~\~ [print address] have. rev,iewed the plans for the proposed improvement or proposed use of the property located at 1. l ;i. '3 l'..t.S co P +--Rel, also referred to as Land Use Application No. (I 'l-=3 31,, 1 . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or ~,sapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~ ·-?. \ ---\ ..-✓1,, f,.\._,'vv""L'::;\ .._ ~ :11\,o rv,v"--· i '::>-)i v....,,,_" 1 0 -~ Property Owner ' Date Property Owner Date ********************************************************************************************************************************* ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) 1ewcd r u,,A /J.d {{lh<,J :i [print name(s)] · have reviewed the plans for the proposed improvement or proposed use of the property located at 1,/ic., 1-'>::. CJ? R_ also referred to as Land Use Application No. CJ -3~ &-:7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improve_mel)t;plans and that the proposed neighbor's project or use requires Council approval. / // i " , " I / /)-tlc,{,e --~)df/{£k, t -Lf_ O V Property Owner "----/.1 Date Property Owner/ Date ********************************************************************************************************************************* SHARR.A TT DE.SIGN & COMF ANY T R A N s M T T A L TO 51._~~ -,...J T ,_, 12-N'='"'-ADDRESS Z,a_'ro -~e"l.Llt ~c..t:.w~ COMPANY ~'"t""vl~~NC) C}&>c»-JO DATE Li__:__6 9-, PROJECT 1l.LP... A , ,< v SUBJECT VIA US Mail ---- Fax ---- Courier --i -Drop / Pick-up Air ---- ____ Over Night Other ITEMS ___ J __ Transmittal ~--Drawings/ Set Letter ---- Notes I Memo --~- Total Sheets NOTES DESCRIPTION ____ Design Sketches / Notes Print Sets ---- ____ Original Tracings ____ Specifications ____ Shop Drawings ____ Samples Other ACTION ____ No Response Required ____ Respond ____ Respond ASAP ____ Urgent PHONE FAX OTHER TRANSMITTED For Your Information ---- ____ As Requested Review & Comment ---- ----Review & Approval Reference ---- Record ---- ----Printing 2 :FuLL Si~ ?\G:::::>N.c..'"D 5lTc /c:;;(l...AOtN<o ~S 2-i \ '{.:. t-i o ~ $4A-A..E"""" ~.~,k~ COPYTO: file E-MAIL: BY : WEB: www .sharrattdesign.com 464 Second Street Ste I 00 E.xcelsior, MN 5 5?? I Fhone : 952-470.9750 Fax: 952-470-8407 This communication may contain confidential information. Any use of the information contained within this document without the permission of the intended recipient is proh ib ited. If received in error please destroy . Thank you. Date: To: From: June 6, 2008 Darren Amundsen City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Grading Plan 08-3367Thomas P. and Patricia M.Kubalak 2623 Casco Point Road Please review the enclosed grading plan. We made them submit on prepared by the surveyor. I don't know if it responds to your comments or not. This is scheduled for the July 21, 2008 Planning Commission meeting. Please respond by June 23, 2008 SHARRATT DE.SIGN & COMF ANY T R A N s M TO Evelyn Turner -Zoning Dept. COMPANY City of Orono DATE 06/12/08 PROJECT 2623 Casco Point Rd -Kubalak Residence SUBJECT Revised site plan and affected Architectural plan VIA DESCRIPTION US Mail Design Sketches / Notes Fax Print Sets Courier Original Tracings X Drop / Pick-up Specifications Air Shop Drawings Over Night Samples Other X Other ITEMS ACTION 1 Transmittal No Response Required 8 Drawings / Set Respond Letter Respond ASAP Notes/ Memo Urgent 9 Total Sheets NOTES Dear Evelyn, Enclosed please find '----- (2) full size and (2) 11x17 revised Site plans. (2) full size and (2) 11x17 revised Sheet A2 (2) full size and (2) 11x17 revised Sheet A3 Thank you, Rick Henriksen COPY TO: File BY: Rick Henriksen +6+ Second Street Ste 100 Excelsior, MN 55;,;, 1 E-MAIL: WEB: T T A L ADDRESS PO Box66 Crystal Bay MN 55323 PHONE (952) 249-4600 FAX OTHER TRANSMITTED For Your Information As Requested Review & Comment Review & Approval Reference Record Printing RECEIVED JUN 1 2 2008 CITY OF ORONO rhenriksen@sharrattdesign.com www.sharrattdesign.com fhone: 952.+70.9750 Fax: 952.+70-8+07 This communication may contain confidential information. Any use of the information contained within this document without the pem,issioo of the ioteoded raoipie,,Us p,ohibited. lt,eceivedio ''"' please dest,oy. Thaok yo,. # 3 3 6 7 SHARKA TT DE.SIGN & COMF ANY T TO COMPANY DATE PROJECT SUBJECT VIA X ITEMS 1 NOTES --- R A N 0 • ,,,£.ML L I j I ~ 1lJ Chris Mattson -Zoning Dept. -_. City of Orono 05/22/08 2623 Casco Point Rd Mailing list for variance US Mail Fax Courier Drop / Pick-up Air ever Night Other Transmittal Drawings / Set Letter Notes/ Memo Total Sheets DESCRIPTION ____ Design Sketches / Notes Print Sets ---- ____ Original Tracings Specifications ---- Shop Drawings ---- Samples ---- X Other ACTION No Response Required ---- ____ Respond Respond ASAP ---- ____ Urgent Dear Chris, RECE~VtED riW t.: 8 L008 J T ,,..., __ , .J_ ~--_A L I ---·-.. _ -ADDRESS PO Box66 Crystal Bay MN 55323 PHONE (952) 249-4600 FAX OTHER TRANSMITTED For Your Information ---- As Requested ---- Review & Comment ---- Review & Approval ---- Reference ---- Record ---- Printing ---- Enclosed please find the mailing labels for the 2623 Casco Point Road (Tom and Patty Kubalak) variance application. Please contact us if you need anything further. Thank you, Rick Henriksen COPY TO : File E-MAIL: rhenriksen@sharrattdesign .com BY: Rick Henriksen WEB: www .sharrattdesign .com +6+ Second Street Ste I 00 E.xcelsior, MN 5 5 j j l Fhone : 952.+70.9750 Fax: 952.+70.s+o7 This communication may contain confidential information. Any use of the information contained within this document without the permission of the intended recipient is prohibited . If rece ived in error please destroy . Thank you . [UHennepin County Mailing Label Map 1 ~:ovided By: Taxpayer Services _ Department I ''°' /,/,.., I 20-117-23-21 :!0-117-23-23 For more information contact : Hen nepin County GIS Division 300 South 6th Street , Minneapolis, MN 55487 gis. info@co. hennepin. mn. us Map Comments: -Type Comments Here - l I I I ' ... ---·-..,_ _____________ _ / l l l Print Date: 5/22/2008 Map Scale: 1" = 125' Buffer Size: 150 feet I ,' ' / / ,~_&) .. .l ./ / / l~l / / I I I I Map Le;end : Water Parl{ Parc el Buffer Reg,ion Selected Parcel:s i I 20-117-23-24 -Major Roads Minor Roads II . ,,~ "~f' #3367 RUN DATE: 5/22/2008 38 20-117-23 21 0032 NAOMI K EV ANS 2599 CASCO POINT RD NAOMI K EVANS 6518 GLEASON CT EDINA MN 55436 38 20-117-23 24 0031 MARILYN B THORNE 2635 CASCO POINT RD MARILYN B THORNE 2635 CASCO POINT RD WAYZATA MN 55391 38 20-11 7-23 24 0036 BRUCE J HEDBLOM ET AL 2601 CASCO POINT RD BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0042 PAUL J & MARYE KASTER 38 ADDRESS UNASSIGNED PAULJKASTER 2600 CASCO POINT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 38 20-117-23 24 0029 JULIANNE M SCHERVEN 2649 CASCO POINT RD JULIANNE M SCHERVEN 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0032 T P Kl/BALAK & PM Kl/BALAK 2623 CASCO POINT RD THOMAS P/PATRICIA M Kl/BALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0038 E J VOGSTROM & EA VOGSTROM 2618 CASCO POINT RD ERIC J VOGSTROM 26 18 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0030 NJ GREENE & AK GREENE 2645 CASCO POINT RD NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATA MN 55391 38 20-117-23 24 0035 G L MARQUARDT/] M MARQUARDT 2617 CASCO POINT RD GARYL&JOAN MMARQUARDT 2617 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0039 JW &B JESSEN 2648 CASCO POINT RD JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 #3367 CITY of ORONO June 24, 2008 Thomas P. and Patricia M. Kubalak 2623 Casco Point Road Wayzata MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #08-3367 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a V ariancesfor property located at 2623 Casco Point Road. Our preliminary review indicates that your application is complete. Your grading plan was sent to the City Engineer at Bonestroo for review. A copy of the Engineer's comments is enclosed. Revisions should not be submitted until after the Planning Commission meeting so any changes the Commission requests can be incorporated into the revision. The revised plan must be submitted at least two weeks before the City Council meeting. If there are questions about the comments feel free to contact the reviewer directly. Your application is scheduled to be heard by the Planning Commission on Monday, July 21, 2008. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date agenda. It will also be posted on the City's website ( www.ci.orono.mn. us) on Friday afternoon before the meeting. Your application is tentatively scheduled to be considered by the City Council on August 11, 2008. Remember to post the public notice sign ten to 14 days before the Planning Commission meeting. It should be visible from the road. Do not nail it to a tree. Please call me at 952-249-4623 should you have any questions. elyn Turner City Planner (!_ e,: Su ,l4!,J:.f (jf-"" Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.rnn.us RECE IVED MAY 2 l 2008 APPLl911:;fJ>fs P ~Wi'6 REEMENT Zoning Application #08-q,3 (o 1 [a corporation -optiona~ ("Applicant"). Recitals or~irGLl: Rrance.-¥ ~:$~1,~ Z-oY\a h~ 1. Applicant has filed Zoping Application #08-3 3 b] formally requesting the City to review plansfor {A;Y(A'YIC-e-S. TO bu ,l d ~cUu hoJSL located at 2 '2 ZS C#§;co Pf , o r-d the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto . 2. Applicant requests the City to review said plans which requires City approval including 1/ Av ,emce.__0 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs . NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $ 2/5 0 0 with the City. All accrued interest , if any , shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning , engineering, or legal consultant review) or will incur in meeting with the Af)plicant, reviewing the plans , and preparing agenda packet material for City Council review of application #08-33/o] . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision applicat ion . 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs , the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above , the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made . If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City , or the City shall discontinue all review . 5. CLOSING ESCROW. The .Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed . 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant , or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415 .01 and 366 .012 . APPLICANT/ OWNER: By: '/ttL~, n1 .kU4Jr,A_ Its: _____________ _ -10 -#3367 STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) 2 l 2008 CITY OF ORONO The foregoing instrument was acknowledged before me this __ day of ____ _, 2008, by the ________ of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The foregoing instrument was acknowledged before me this __ day of ____ _, 2008, by ---------------~ the husband of , the Applicant. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) :JbMforegoinMslrumenl was acknrnMedged before me this 1-\t" ~~. 2008, t,y ,lf(( Y\9..1 \(..UbO,\OJ(.. , the wife of 71'\0~ . la:i::, the A plicant. .,··/·: .. ·\,~l-:r .. :---,r~~&zf~·~ '· ·_ i,/1 f,[;t.•,0~,J.'. t'ffi. ~~IF\ I ~ ~ ~--~('f(/l .. f·i\{ i~,J~JJC.,t~~A .,-,,.. ·',.,.,,.,,,~;,iw ~••n1'1ro •= 6' ..,... --•~ l..~i;,_.\;.-,.v,:,.~t -•f" 0,&",;11,\>ciU, Qf, ~ / ,.,. · f-... ,:1,,,(;;,,:i,,✓,.·.~ • ·'; (.,;1,.(~':.:/':,f,,,t...;r.P..AAAIVl!l1 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ~ (M ~ Notary Public This instrument was acknowledged before me this _____ day of ____ _, 2008 by ______________ [name of officer], the ________________ _ [title of officer], of ___________________ [entity's name], a _______ _ ________________ [entity's designation, e.g. a Minnesota corporation], on behalf of the __________________ [entity's designation]. Notary Public -11 -33 EXHIBIT"A" LEGAL DESCRIPTION L-~ -r l 4-l 1 &;?f'r2--1tv·6't' p~a..~ 1 i~-t-.trve-:'°1f'J ~tAr--rtY 1 M~rvrvs;;~'1l~1 -12 -3 MAY 2 1 2008 CITY APPLICATION ESCROW AGREEMENT Zoning Application #08-:3'.3 G, 1 MAY 2 1 2008 CITY AGREEMENT made this Z,6 day of _fv1.._._..a<.A .......... __ .....,, 200_8, ~y 9nd betwe:: the CITY OF ORONO, a Minnesota municipal corporation ("City") and'....J .;4t+ c 1 e It( ~ :t:u t,a /q_ k [a corporation -optiona~ ("Applicant"). Recitals 1. Applicant has filed loping Application #08-3 :3 b1 formally requesting the City to review plansfor fA:rtA111c.e....s. TC bu1lsJ ,ea.w boJSk located at '? '2Z3 C§co Pt, o~ the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto. 2. Applicant requests the City to review said plans which requires City approval including 1 / Av ie(b 02...~ 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $ 2rS O O with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Applicant, reviewing the plans; and preparing agenda packet material for City Council review of application #08--33fcl . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat. §§ 415.01 and 366.012. CITY: fli"~ ~F OR~J!_O Q By: ldml 5\ u ,,--- ( I ~ . Its: f\ 106<'""4. y; q_(._Ao .- APPLICANT/ OWNER: By: &µ,,✓ n1.ku4Jt.A Its: ____________ _ -10 -#336 STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) MAY 2 1 2008 CITY The foregoing instrument was acknowledged before me this __ day of ____ _, 2008, by _________ , the ________ of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OFHENNEPIN ) The foregoing instrument was acknowledged before me this __ day of ____ _, 2008, by ________________ , the husband of , the Applicant. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) To3T _foregoin&Jf slrument was ackno\Medged before me this i,}St ~~ w;:, 2008, by 1 ll (( r \9J l(..U b(l\ (UC.. , the wife of ]J\Q J\W,A ' l!i[: , the A plicant. ~-,J•/<:!.'•~-:..:..7"-.1,,:.:.~ .. -:,,.~. 1..' ._ /. ~,~·\r.r~: .. r,::..•':if:i[,':?":~ , Ct· .. +,1:}tH~t.::. [Ji. [~.-•. AYT&OO Ii [',\'.Yt1if/{ ?Jt:.iJC .. ~~~A ~:·ir C--1.-;'~~;im.Jrc i::i:pt1r:;2 Jsn. 31, ~ ,A,-~/! .. :·.~· ,,.j./,., .. ,-.f'.::(-· ·,r ,;'.-::.-,_~-:-".f.f-:,i~m STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) ~M~ Notary Public This instrument was acknowledged before me this ____ day of ____ _, 2008 by _____________ [name of officer], the ________________ _ [title of officer], of __________________ [entity's name], a ______ _ ________________ [entity's designation, e.g. a Minnesota corporation], on behalf of the _________________ [entity's designation]. Notary Public -11 -#336 CITY of ORONO May 22, 2008 Thomas P. and Patricia M. Kubalak 2623 Casco Point Road Wayzata MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application #08-3367 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property at 2623 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: I. Two (2) original scaled copies of the grading plan for the property and a reduced copy (11 'xl 7' or smaller), prepared by either a surveyor, civil engineer or landscape architect. 2. Certified Property Owners List-owners within 150 feet of the subject property, labels and plat map. List, labels and map are obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910. Application# 08-3367 is incomplete. If you wish to proceed with your application please submit the items requested above by May 29 to remain on the June 16, 2008 Planning Commission agenda. Please call me at 952-249-4623 should you have any questions. Sincerely, C. itylf rono //I tt // -[· l/ ! ---I _.. Evelyn Turner I Qity Planner cc: Mike Shan-att (by email) Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Date: To: From: May 22, 2008 Tom Kellogg City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 Fax: (952) 249-4616 Evelyn Turner 952-249-4623 eturner@ci.orono.mn.us Subject: Review of Grading Plan 08-3367 Thomas P. and Patricia M.Kubalak 2623 Casco Point Road Please review the enclosed grading plan. The applicants are proposing to remove the existing house and construct a new one. They are requesting lot width, lot area, side setback (5' instead of 1 0'), hardcover and structural coverage variances. This is scheduled for the June 16, 2008 Planning Commission meeting. Please respond by May 31 . #336