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Home My WebLink AboutProject PacketMike Gaffron From: Mike Gaffron Sent: Wednesday, March 15, 2017 3:38 PM 'Dustin Kindl' To: Cc: Casie Kindl; Jennifer Storms; Mike Fritz Subject: RE: Variance Discussion, 2649 Casco Point Road Hardcover Exclusion Code Excerpts .pdf Attachments: Dustin & Casie - I have reviewed your situation with the planning staff and the City Attorney in order to ensure we provide you the correct information, as the existing code wording is less than perfect. Our conclusions are as follows: 1. As of Monday (March 13) the Council revised the lot coverage ordinance to allow 20% structural coverage and eliminate open decks from the calculation. Therefore your structural coverage as calculated at 17.8% (with the deck) last year, is no longer an issue. 2. Based on your lot area of 11,780 s.f. your standard hardcover allotment is 25% or 2,945 s.f. Then, per Code Section 78-1684(5), "the first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth inch spacing between boards and a pervious surface below" is excluded (see the attached code section and definitions). We have been interpreting and enforcing this to mean that you get your 25% hardcover f1.!.fil 100 square feet of deck/patio that meets the required permeability criteria. 3. Based on your statement that currently without the deck your hardcover is at 2784 s.f. (or 161 s.f. below the 25% limit) you could add a 240 s.f. deck which would put your hardcover at 3024 s.f., but because you are functionally allowed 3045 s.f. (2945 +100), you would still be below the maximum and no variance would be required. 4. Your building permit application for the deck would have to specify the¼" or greater spacing of boards, and we would require an engineered paver system design that meets City Engineer approval to be considered as a legitimate long-term pervious surface. It's more complicated than simply laying down paver blocks with spaces between them . Let me know if you have further questions. Mike Michael P. Gaffron Sen ior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone : (952) 249-4622 Fax: (952) 249-4616 From: Dustin Kindl [mailto :dustin.kindl@gmail.com] Sent: Tuesday, March 14, 2017 9:33 PM To: Mike Gaffron <MGaffron@ci.orono.mn.us> Cc: Casie Kindl <casie.kindl@gmail.com>; Jennifer Storms <jstorms@mandmquality.com>; Mike Fritz <mfritz@mandmquality.com> Subject: Fwd: Variance discussion 1 Hi Mike. Forwarding my wife's email to Melanie to keep you in the loop on where we are at. We are shooting for submitting our variance application (if it is still needed) by the 12pm deadline on the 22nd. After hearing from Melanie today that the council is now allowing for 20% structural cover, we are wondering if we even need to submit a variance application for the deck with a pervious patio below? Thank you for any help or guidance you guys can provide on this! Call or email anytime. Dustin (612) 414-2889 ----------Forwarded message --------- From: Casie Kindl <casie.kindl@gmail.com> Date: Tue, Mar 14, 2017 at 12:20 PM Subject: Variance discussion To: Dustin Kindl <dustin.kindl@gmail.com>, <mcurtis@ci.orono .mn.us> Hello Melanie, Thank you for taking the time to answer some of our questions around applying for a 240 sq ft above-grade deck variance with a pervious paver patio beneath. Our address is 2649 Casco Point Road, and I have attached our survey hardcover calculation worksheet for reference. Our current structural hardcover for our home build is 1,757 /11,780sq ft= 14.9% and our total hardcover is 2,784/1 l,780 sq ft= 23.63%. Our questions are: -May we exclude the first 100 sq ft of a deck and/or a pervious paver patio below? -if so, we would be asking for a 140 sq ft deck/patio addition. In that case, would our total hardcover be below the 25%? (2,784 total hardcover+ 140 sq ft= 2,924/1 l,780 sq ft= 24.8%) -if the first 100 sq ft cannot be excluded, we would be looking at a variance just above the total hardcover percentage of 25%, and our request would be for a variance up to 25.67%. -if a variance is required, will we need to complete a new variance application, or can we work off the one we submitted in the fall? Thank you for looking into this, Melanie! My number is 763-370-7945. Casie Kindl 2 Project No Prepared by Calculations for Reviewed by Page Date Date ♦eonestroo Engineers Architects Planners I G br--C-W-b--!JJD ~~ /~IL~-~¼~ G 5/--r--C /5 ¥ 2s,t;s;{-;+c 2-,7Sf s£, l,.E'A{J//JG 7/c/ . iJ. 1/C-ltJ,l;JiA.&.e ~. tl!Je.__; G) 2-s-;{ jS 2 q l{r sI. 1 ellt.s ~· ~(H;i)tri~ /(){) c~ '2F '!>~mo /;f!Jf>Bl-.. 5f@::-tF1~ Co.,0~ y?(N\JS .. ···· · ·~···· 2---crir+700 ;-~ot/r- {3)_[[ ~!::Jtr?6!<~ ~ µer~ Pmz!_~ ~ ~ Cfo/0 µM6 II /YO sl, Plfft~, ~ ~ =-~ 2-7Bi/+ 2J{6 = 3 02-i/ 3 62}--{ It. l-1...~ -rUAf\J 30 tf 5 @Ct,10\}.t -c-tOJQs-~l}t.J ~ ~~...- ·tJ ~· w b~l~ !F ~ Orono, MN Code of Ordinances Page 1 of 1 Sec. 78-1684. -Standard hardcover exclusions. Landscaping with permeable lining shall not be considered hardcover. Additionally, the following hardcover items shall be excluded from hardcover calculations: (1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the public's benefit; (2) Hardcover encroachments created by improvements on adjacent property not owned by the subject landowner; a. In such cases of encroachment, the square footage of all encroaching hardcover shall not be added to the overall hardcover counting against the subject lot; b. The land area upon which the encroachment rests shall count towards the overall lot area for the subject lot. (3) Retaining walls; (4) Handicapped ram (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of deck with a minimum one-fourth-inch spacing between boards and a pervious surface below the decking. (Ord. No. 94 3rd series, § 11, 9-24-2012) j Hardcover means a hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks, stepping stones, retaining walls, patios, courts (sport, tennis, etc.), decks, pools, areas used for the extended outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the city engineer or city planner. / Permeable lining (landscaping fabric) means a porous material used for weed prevention that allows storm water to permeate into the ground. ✓ Pervious paver mea,ns concrete, asphalt or similar blocks with holes of some kind that allow water to go through the surface into a specialized aggregate base-consistent of an open-graded aggregate-and into the soils below. Pervious surface means naturally occurring groundcover or a variety of types of pavement, pavers and other devices that provide stormwater infiltration while serving as a structural surface. Christine Mattson From: Sent: To: Cc: Subject: Dustin Kindl <dustin.kindl@gmail.com> Thursday, October 27, 2016 9:27 AM Christine Mattson casie.kindl@gmail.com; Mike Gaffron; Nate Wiemann; mfritz@mandmquality.com; jstorms@mandmquality.com Re: 2649 Casco Point Road/ #16-3861 Please proceed in withdrawing our variance application #16-3861. Thank you! On Wednesday, October 26, 2016, Christine Mattson <CMattson@ci.orono.mn.us> wrote: Hi Dustin & Casie, I am following up on the email I sent yesterday regarding your variance application. Today we received the MCWD permit, so your building permit is ready to be issued; however before I can issue it, I need a written statement requesting to withdraw the variance application. The request Mike received previously was to only pull the item from the agenda, not to withdraw the application. Please respond with an email stating you'd like to withdraw variance application #16-3861. Please don't hesitate to contact me if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway I Orono I MN 55356 (physical address) PO Box 66 J Crystal Bay MN I 55323-0066 (mailing address) 1i 952.249.4620 @] 952.249.4616 ~ cmattson@ci.orono.mn.us I ~ www.ci.orono.mn.us 1 Office Hours: Monday -Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Friday, November 11, 2016 Thursday & Friday, November 24 & 25, 2016 From: Christine Mattson Sent: Tuesday, October 25, 2016 1:16 PM To: 'dustin.kindl@gmail.com' <dustin.kindl@gmail.com>; 'casie.kindl@gmail.com' <casie.kindl@gmail.com> Cc: Mike Gaffron <MGaffron@ci.orono.mn.us> Subject: 2649 Casco Point Road/ #16-3861 Hello, I appears you have submitted a building permit application which meets all of the City requirements therefore making a variance request no longer necessary. Please email me a formal request to withdrawn your variance application. If you have any questions, please don't hesitate to contact us. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway i Orono I MN 155356 (physical address) PO Box 661 Crystal Bay I MN I 55323-0066 (mailing address) 2 11 952.249.4620 @ 952.249.4616 ~ cmattson@ci.orono.mn.us I '"'El www.ci.orono.mn.us Office Hours: Monday -Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Friday, November 11, 2016 Thursday & Friday, November 24 & 25, 2016 3 ____ °3>_2_~-~-Y~D __ -::.~a--::.___ ____ -=---.:Ot2..=\:.=:...{p......:....-1• c CAJ,.<!..5 $UA,i.tJ~ D )'C I~ -:: I D -// 7°0 ___ ___._ __ ~---=::::::~~===:::.;--:----__:_-~J___p_-=s ~+-.---- ______ _,__+5--'-----"'-.....-,...:---------1+------- ____ ffie_M;.. TP Ovll>\~e o.f:_et)__~~T.$~)_,, ______ -H---- ___ ,,,_'7 _.._.., O~x L, s ~. MINUTES OF THE ORONO PLANNING COMMISSION MEEETING Monday, September 19, 2016 6:30 o'clock p.m. af~ recommends-approval of the variance as requested. Staff would also request the azplic , apply a rec ded covenant which states that the accessory building will not be: ,t, I sed for a home occupation unless specifically approved by the City or if ~ by this Code. 2. Use as a dwelling unless a guest house conditional use permit is obt~,d". 3. Rented, ased or otherwise provided for use as a dwelling under an,~ircumstances. ,11' Such covenant shall B binding on current and future property owne~ ra'iid shall be filed in the chain of title of the property. Curtis noted the property is s ed by city sewer, which is ho, · this building will be served . ,# The City has received no public co ents regarding tlµ'' application. / The Planning Commission had no quest! , s for SpffI. ,& ,,· Robert Gumnit, Applicant, stated the applic . speaks for itself and that he thanks the Planning Commission for their consideration. J' ,I ,rl Thiesse asked if the building will b~ : anged. Gumnit indicated the building , 1 not change at all. Gumnit ated the room currently has a toilet in it and they are simply adding 2' « athtub. Chair Thiesse opene/ · public hearing at 6:39 p.m. There were no pub ic comments relating to this application . ,/I losed the public hearing at 6:39 p.m . moved, Schoenzeit seconded, to recommend approval of Application No. 1 t and Frances Graham, 1100 Old Crystal Bay Road South, granting of a conditio use pe mit subject to Staff recommendations. VOTE: Ayes 6, Nays 0. 4. #16-3861 DUSTIN AND CASIE KINDL, 2649 CASCO POINT ROAD, VARIANCES This item was removed at the request of the applicant. ~#16-~862 R~BERT L~, 2732 CAROLINE AVENUE, CONDITIONAL :c! AND~---P.M.-6.43P.M. . - ---....;;: ___ -..:;:_-.,;:::_ ·-··----~ Robert Lund, Applicant, was present. ---~ ---· ~- Curtis stated the applicant is requesting approval _ . -cbnditi~-se.: ermit to permit a guest house on the property. The guest hous~ w~ll b~st cted above ~n existing det~c e · _ ~~e wi~h a fo~tprint of 1,164 square feet~1udes a deck and a sta1r on the extenor. A vanan -~ ~ Page3of23 1JJt"1116RJtwAJ FtJ.DM er/11/;(&, ;,;c. A-6-~ B "f. APfµa4NTS j R,€<1/t;I (>.}.)S f>ef\JO/ A> 6 Date Application Received: 8/17/16 Date Application Considered as Complete: 8/17 /16 60-Day Review Period Expires: 10/16/16 To: From: Date: Subject: Chair Theisse and Planning Commission Members Jessica Loftus, City Administrator Mike Gaffron, Senior Planner September 14, 2016 #16-3861, Dustin & Casie Kindl, 2649 Casco Point Road -Variance -Public Hearing Item 4 Application Summary: The applicants have recently purchased this property and request variances for structural lot coverage and hardcover for construction of a new residence. The application also technically requires lot area and lot width variances. Staff Recommendation: If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. Zoning District: LR-IC, One Family Lakeshore Residential, 0.50 acre/100' min. width Lot Area/ Width: 11,780 s.f. (0.27 acre)/ 60' defined width List of Exhibits Exhibit A. Application Exhibit B. Description of Request and Practical Difficulties Documentation Exhibit C. 1985 Survey and Existing Conditions (2015) Survey Exhibit D. Proposed Survey/Site Plan and Enlarged Survey/Site Plan Exhibit E. Proposed Building Plans Exhibit F. Hardcover Worksheets (Updated 9-16-16) Exhibit G. Plat Map Exhibit H. Property Owners List Exhibit I. Neighborhood & Site Airphotos Exhibit J. Adjacent Owner Acknowledgement Forms Background The applicants are planning to construct a new residence to replace the existing home at 2649 Casco Point Road. The lot is just over 1/4 acre in the LR-IC 1/2-acre zone, and is one of the smallest lakeshore lots on Casco Point. Applicants have requested a variance to the 15% structural coverage limit, noting that the lot size is a limiting factor in their ability to construct a house commensurate with those in the immediate neighborhood. The variance request is for 17 .8% which includes house and attached garage plus a 95 s.f covered stoop and 240 s.f. deck. An additional variance was discovered during the review process. Hardcover calculations did not account for the deck, which is an upper level deck with walkout patio doors below. Proposed hardcover is at 26. 7% where 25% is allowed. As noted below, lot area and width variances are also required. LOT ANALYSIS WORKSHEET (Variances noted in bold type) LR-1 C Zonin2 District Required/ Allowed Lot Area 0.50 ac. minimum Lot Width 100' minimum Proposed New Residence Front Street Setback 30' North Side Setback 10' South Side Setback 10' Rear (Lake) 75' Average Lakeshore Setback No Encroachment S IC tructura overa!!e: Total Lot Area Total Structural Coveraee FILE #16-3861 September 14, 2016 Page 2 of 6 Proposed 0.27 ac e:xistine 60' e:xistine; 44.7' 10' 10' 91.1' No Encroachment 11,780 s.f.± (0.27 acre) Allowed: 15.0% (1,767 s.f.) Existing: 20.3% (2,393 s.f.) (Staff Cale.) Proposed: 17.8% (2,092 s.f.) Hardcover Calculations: Storm water Total Allowed Proposed Overlay Area in Existing Hardcover Hardcover Hardcover District Tier Tier Tier 1 11,780 s.f. 2,945 s.f. (25 %) 3,968 s.f. (33.7 %) 3,144 s.f. (26. 7 % ) APPLICABLE REGULATIONS 78-350: LR-lC Lot Standards & Setback Regulations: Lot Area/Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The property is nonconforming with respect to lot area and lot width, however the applicant's request for the hardcover and structural coverage variances results in the property's inability to conform to items 3 and 4 above. Therefore, lot area and width variances are required in order to redevelop the property. 78-1403 and 78-1685: Lot coverage and massing standards. In all zoning districts other than the I -Industrial District, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures: Item 4 Date Application Received: 8/17/16 Date Application Considered as Complete: 8/17/16 60-Day Review Period Expires: 10/16/16 To: From: Date: Subject: Chair Theisse and Planning Commission Members Jessica Loftus, City Administrator Mike Gaffron, Senior Planner September 14, 2016 #16-3861, Dustin & Casie Kindl, 2649 Casco Point Road -Variance -Public Hearing Application Summary: The applicants have recently purchased this property and request variances for structural lot coverage and hardcover for construction of a new residence. The application also technically requires lot area and lot width variances. Staff Recommendation: If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. Zoning District: LR-lC, One Family Lakeshore Residential, 0.50 acre/100' min. width Lot Area/ Width: 11,780 s.f. (0.27 acre)/ 60' defined width List of Exhibits Exhibit A. Application Exhibit B. Description of Request and Practical Difficulties Documentation Exhibit C. 1985 Survey and Existing Conditions (2015) Survey Exhibit D. Proposed Survey/Site Plan and Enlarged Survey/Site Plan Exhibit E. Proposed Building Plans Exhibit F. Hardcover Worksheets (Updated 9-16-16) Exhibit G. Plat Map Exhibit H. Property Owners List Exhibit I. Neighborhood & Site Airphotos Exhibit J. Adjacent Owner Acknowledgement Forms Background The applicants are planning to construct a new residence to replace the existing home at 2649 Casco Point Road. The lot is just over 1/4 acre in the LR-lC 1/2-acre zone, and is one of the smallest lakeshore lots on Casco Point. Applicants have requested a variance to the 15% structural coverage limit, noting that the lot size is a limiting factor in their ability to construct a house commensurate with those in the immediate neighborhood. The variance request is for 17.8% which includes house and attached garage plus a 95 s.f covered stoop and 240 s.f. deck. An additional variance was discovered during the review process. Hardcover calculations did not account for the deck, which is an upper level deck with walkout patio doors below. Proposed hardcover is at 26.7% where 25% is allowed. As noted below, lot area and width variances are also required. LOT ANALYSIS WORKSHEET (Variances noted in bold type) LR-1 C Zonin2 District Required/ Allowed Lot Area 0.50 ac. minimum Lot Width 100' minimum Proposed New Residence Front Street Setback 30' North Side Setback 10' South Side Setback 10' Rear(Lake) 75' Average Lakeshore Setback No Encroachment St t l C rue ura overal!e: Total Lot Area Total Structural Covera2e FILE #16-3861 September 14, 2016 Page 2 of 6 Proposed 0.27 ac existing 60' existin2 44.7' 10' 10' 91.1' No Encroachment 11,780 s.f.± (0.27 acre) Allowed: 15.0% (1,767 s.f.) Existing: 20.3% (2,393 s.f.) (Staff Cale.) Proposed: 17.8% (2,092 s.f.) Hardcover Calculations: Stormwater Total Allowed Proposed Overlay Area in Hardcover Existing Hardcover Hardcover District Tier Tier Tier 1 11,780 s.f. 2,945 s.f. (25 %) 3,968 s.f. (33.7 %) 3,144 s.f. (26. 7 % ) APPLICABLE REGULATIONS 78-350: LR-lC Lot Standards & Setback Regulations: Lot Area/Lot Width Variances (Section 78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The property is nonconforming with respect to lot area and lot width, however the applicant's request for the hardcover and structural coverage variances results in the property's inability to conform to items 3 and 4 above. Therefore, lot area and width variances are required in order to redevelop the property. 78-1403 and 78-1685: Lot coverage and massing standards. In all zoning districts other than the I -Industrial District, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures: ( a) Maximum total footprints allowed. FILE #16-3861 September 14, 2016 Page 3 of 6 (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 78-1700: Hardcover -tier regulations. Per the official stormwater quality overlay district map, each property in the stormwater quality protection overlay district is assigned to a protection tier based on its relative distance to receiving waters. This protection tier dictates the specific protection measures that must be implemented. (1) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. Governing Regulations: Variance (Sec. 78-123). In reviewing 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 eriforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board 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. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the LR- 1 C district. The area, width, lot coverage and hardcover variances if granted would allow construction of a single family home on the property. 2. The variance is consistent with the comprehensive plan. The proposed new residence structure is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. The applicant establishes that there are practical difficulties a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls. The property owner is proposing to use the property in a reasonable manner but the specific size aspects of the request are not permitted by the Zoning Code. b. There are circumstances unique to the property not created by the landowner. With respect to lot area and width, the substandard lot in single separate ownership is a circumstance inherent to the lot and not created by the landowner. A single family residence currently exists on the property. The FILE #16-3861 September 14, 2016 Page 4 of 6 structural coverage and hardcover variances are necessitated by the desire of the property owner to construct a home of a size and including amenities similar to those of other homes in the neighborhood; and c. The variance will not alter the essential character of the locality. Given that other homes in the immediate neighborhood exhibit similar hardcover and structural coverage levels as those proposed, the character of the neighborhood is not likely to be significantly altered by construction of the proposed home with the requested variances City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot area and width are common in the immediate neighborhood, where other existing homes do not meet the shoreland lot coverage and hardcover standards. Much of Casco Point was developed long before the LR-1 C ½-acre zone and other pertinent standards were established 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the LR-lC District; however, the Casco Point neighborhood contains many homes which do not meet the LR-lC standards due to the existing lot sizes. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting of the lot area and width variances is necessary to preserve the property rights of the owner to build a new residence on the property. Planning Commission must determine whether the lot coverage and hardcover variances are necessary in order to construct a residence consistent with the size and quality of other newer homes in the neighborhood. The applicants have indicated the design has been refmed to the greatest extent possible while providing the minimum reasonable room sizes and garage space. 7. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. In the opinion of staff, granting of the area, width, hardcover and lot coverage variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 8. The granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. In the opinion of staff, granting of the area and width variances is necessary to solve an obvious practical difficulty. Granting of some magnitude of hardcover and structural coverage variances may be necessary in order to allow construction of a home that is commensurate with the surrounding neighborhood, which contains a wide variety of homes in terms of size, shape, etc. Other homes in the immediate neighborhood have similar lot size, hardcover and structural coverage characteristics as those requested. The magnitude of the structural coverage and FILE #16-3861 September 14, 2016 Page 5 of 6 hardcover variances requested is relatively small and is a function of the lot size and desired home style and functionality. The Commission may recommend and the Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Analysis -Hardcover Variance The property was granted hardcover and average setback variances in 1985 for room and deck additions which resulted in approved overall hardcover of 3,284 s.f. or 27.8%. Existing hardcover today as reported by the applicants' surveyor is 3,968 s.f. or 33.8% of the entire lot. This is not surprising -our experience is that hardcover does tend to be added to lakeshore properties over time. In rebuilding on the site, applicants propose to reduce hardcover to 3,144 s.f. or 26.7% (Note that this number includes the proposed deck which was not included in the proposed hardcover calculations submitted; absent the deck, hardcover proposed would be at 24.99%). Staff sees this reduction as a positive impact to the property and brings it back in line with prior approvals. Justification for the variance lies primarily in the small lot size. While it can be argued that an infinite number of home designs could be created that would not need a hardcover variance, neighboring properties of similar size have been granted variances for hardcover as well as lot coverage. For example, the neighboring lot at 2623 Casco Point Road was granted variances to rebuild in 2008 for 26.4% hardcover and 17.7% lot coverage. The variance will not result in a home that is out of character with the neighborhood. Also note that the detached garage abutting the right-of-way of Casco Point Road will be removed, and the neighborhood will gain a more open feeling. Analysis -Structural Lot Coverage Variance The applicants' structural coverage request, including the house, covered front porch, and upper level deck, is for 2,092 s.f. or 17.76%. The proposed deck extending from the main floor above the walkout counts toward the lot coverage limit of 15%. Staff generally does not recommend granting a variance for lot coverage for a new home where there are opportunities for an alternate design. However, in this case, consistency with the neighborhood may be a consideration as well as the fact that proposed lot coverage is a reduction from the existing level. This is partly a result of converting from a detached garage to an attached garage, decreasing lot coverage from 20.3% to 17.76%. The adjacent two homes to the immediate south (2659 and 2665 Casco Point Road) have been calculated by staff as having 18. 0% and 17 .1 % lot coverage respectively, based on surveys on file. Practical Difficulties Statement Applicants have provided a Practical Difficulties Documentation statement as part of their Description of Request (see Exhibit B), and should be asked for additional testimony regarding the application. Issues for Consideration FILE #16-3861 September 14, 2016 Page 6 of 6 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the lot area and width variances, as well as the hardcover and lot coverage variances, if granted will not alter the essential character of the neighborhood? 3. Does Planning Commission find justification for granting a structural lot coverage variance for this new construction? 4. If the Planning Commission concludes that the variances as requested or in some other manner or configuration are justified, does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the variances? 5. Are there any other issues or concerns with this application? Staff Recommendation If Planning Commission determines that the practical difficulties test is met and the variances are justified, then a recommendation for approval may be in order. If Planning Commission finds that the practical difficulties test is not met for one or more of the requested variances, a recommendation for denial, partial denial, or tabling for revisions, may be appropriate. Options for action include: 1) Recommend approval (with or without specific conditions). 2) Recommend partial approval (specify) 3) Recommend denial, stating reasons. 4) Table for further information or revisions -specify what information or changes are desired. 5) Other. PROPERTY OWN Name: Phone (Primary): Mailing Address: Email: 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 # Date Received: Staff: Fee: Escrow# & $ Permit Fee Notes: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, PC Exhibit A • 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. • Owner and/or Applicant 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. ApplicanUAgent Signature: _ ApplicanUAgent Signature: Property Owner Signature: Property Owner Signature: Variance Application -May 2016 Page2 # 3861 RECEIVED AUG 1 t2016 CITY OF ORONO Description of request (page 2): To be granted a variance for a deck to be placed on the main level of our home to be able to access the lake Pages 3-4 PC Exhibit B 1. Yes the property owner proposes to use the property in a reasonable manner. The proposed use is consistent with the size of homes in the surrounding area. The small size of the property unreasonably restricts the size of the home that can be built within the structural coverage limits. The Zoning chapter does not allow for placement of a deck on the exterior of our home, due to exceeding the 15% finished area ratio. However, removing the square footage from our main level living areas makes the home practically difficult to live in, being as the finished square footage becomes ~goo. 2. Yes, the landowner has not created the size of the lot. We are building a small footprint home with a two stall garage and spaces that are minimally sized and cannot be reasonably reduced to accommodate the hardcover restrictions in the code. The plight of this challenge is due to the circumstance of the lot size being near the lower limit for which exceptions to the Zoning Chapter requirements are made. 3. Correct, the variance will not alter the essential character of the property. Granting the application of the variance will improve the essential character of the property. 4. Yes, it is correct that economic considerations are not part of this application. 5. This is not applicable. 6. The proposed use of the structure is residential and is allowed in the zone where the property is located. 7. Our proposal is for a single family dwelling. 8. This a small property and the way that the structural coverage limitation is calculated results in an impractically sized home that can be built. It is not unreasonable to construct a home with a two stall garage, small covered front porch area and a deck attached to the lakeside part of the home to allow for access to the lake from the main living area. 9. Other properties directly in the neighborhood are of a larger size and therefore the restrictions do not impact the size of the home that can be built on the property. Our parcel is among the three smallest in the neighborhood. To build a home that is similar in size and character with rest of the neighborhood the code is overly restrictive. 10. This application is for a deck on a lake home. Because of the restrictiveness of the code, the size of the rooms and the garage have been minimally sized to accommodate reasonable and practical use. Reducing and or eliminating spaces on the main level including the garage, deck and front porch would all create practical difficulties. 11. Yes, granting this application does not in any way impair the health, safety, comfort or morals of the zoning code. 12. Yes, the granting of the application is not simply a convenience to the applicant. The code creates a demonstrable difficulty for a reasonable home with reasonably sized spaces that cannot be solved by eliminating or reducing the size of the spaces. We cannot design a home that allows for reasonable use where any of the rooms or size of the rooms could be changed. Decreasing the size of any of the spaces on the main floor, renders them impractically small and there are not any extraneous spaces that could be simply eliminated do not exist including the deck and the front porch. We would like to point out that we are improving the current state of the lot to better comply with the Zoning Chapter requirements be decreasing the total lot hard cover by 20% (3,968 s.f. to 2,944 s.f.). We have done our best to comply with the requirements of the hardcover rules within the code, and our proposed plans meet all other code requirements as they relate to setbacks, height restrictions, etc. We believe this request should be granted on the basis on creating a functional, livable space that will better coincide with the essential character of this Orono neighborhood. #3861 RECE1Vt::O AUG 1 '7JlH6 I i '-I 2f.o L./°f 0\-s.c.o Pr f2.-1;;:;. !) it 4q ~ P✓ (2() Certificate of Survey for Jon Scherven * .. ~-,,. J of Lot 138, Spring Park ;€ Hennepin County, Minnesota v,pti- .n \tjU' f ~~~ ~~1' ~ .. -, .. I .") :-1 I, I • .,. 6·1Sfoo/ 'ti :>el6ad ,:,,i / ...... . · I G:, \\·iJ.0 ,... 1' rf ~ tJe, . vz. .... , '7 . t t·-) .,.,(,._. " P-~t:.,.' . c-,. ,1£s---~-,i..·e ..,_.... h_,11 .,•( .. -1-0 • f'.,.. \i 11_ e 0·75 fool zone -4500-!Sq.H. l4nd "'",-' ~ \'"'. o ~ (t. har-d<.o,,.,- . 0-fo har-Jt.o,u 75·250 (oof ionc. 1300 t -.'l.fl lat1d ,,zso: ,., ff 1io..-ko,.,,.. 4-S'To liortl<-ov'Cr" ~ ... ~ t..oC/i.tf'l ot-J 'i ~'J§'!) r;~?,"'iJ.~ /1'.c; {ij ~ ·, t' '· <N •·'-' •· ,, . .,_. ·,1 . •• \ •: 1.1 ,, i.c::::: ,/-~•,-,;;,;!',,. ti r,t,~ ",;, & l.'i'~":\?'./.-~ tbt;/,:.!.,J ,:;',I §t, '(',. '"'-' •jc° -~-ll " ;1 'it'W ·~. j .. '!~~· ifiJ .:ift~· fE"::ti~ "~,r.f,{;;;f •·~ t.:'!i,rj'l ~ .. -~!;.-"~·t,. _ tf~a::.'Ju't,/~u g ~ ...__ ~ ·{ '-o· !jt,irW>tJ .~tt11 ( J :.:-~ fj -~ /?-~V€ kl,,L..+ ~->I 2----ll S"-'~:-s. _ ...g-0 . , ,:.e,"Pve ~-1,,..1,,. 8. 3&, s;. ~) ! j . .;z,s: ,i.-2., s, /1t 70 ~ r ··J-] v ~-~' '•I, of a survey of the boundaries of Lot· 1' · Spring Park, accordi:ig to I hereby certify that this is a true a\~correct representation the recorded plat thereof on file or o re;o-rd in the office of the Register of deeds in and for.Hennepin County, a id the location cf ~11 buildings, if any thereo_n. It does not purport to show a 'y other improvements or encroachments. Scale: 1 inch = 30 feet Date October 22, 19811 • Iron marker found 0 Iron marker set GORDON R. COFFIN co~, INC. -~~ r~Gror~. 12755 Gordon H. Corrin Reg. No. 6064 1-:nginecrs and Land Surveyors Leng Like, Minnesota ~/ / iJ C) m )< :,- & ;:;: C) r--r ---_, · 1aphy of the site. The elevations shoµ,t} relate that benchmark and check at least ~ , other ations for use on this site. tot for your review and for the review of such ard cover requirements. 1g State License Number 9235, set, unless Lrvey was prepared by me or under my direct eer and Professional Surveyor under the laws ll11e: James H. Parker ~-No. 9235 ~ALE 20 40 l !/ , I I I I I I I \ \ \ \ -Light Role I \ qj I I :§ ~-~~ .... ~ !))~~ 'IJ:§~ lb ~'§~:S G Q5 <::, ~ I I I I I I I I 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 I 1 I I I I i ! ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I (/ I Existing Owe/ling Existing Owe/ling Threshold at / door 9Sas -;;:,,,r--.;;.:;:~~~~ "' I Existing Dwelling I I I 95~ I I 7 ,~ .. 950.9 JI I~\~ g ~ QS 95 .0 ~ ~ & 951.3 \ 953 tcXc. ... C-{ e,)(,/S,TtlJ(:, CbNC:>1'(1() ! X951.5 ~ .s ~ 8 ~ \..) LEGAL DESCRIPTION: Lot 138, Spring Park, Hennepin County, Minnesota. LOT AREA: 11,780 SF SCOPE OF WORK & LIMITATIONS: I. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include detennining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the corners of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 8. While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: "•" Denotes iron survey marker, found, unless otherwise noted. L.eC..FH.IJ £!7S.7'IHC COH.7'0lll? £!7S.7'IHC SP0.7' ./J'LEVA.7'/0H Pl?OPOS./J'D COJV7'0lll? Pl?OPOS./J'D ./J'LEVA.7'/0H/SP0.7' ./J'LEVA.7'/0H DJ?AIHAC./J' Al?l?Olr -F£0lr S/£.7' F./J'HC.IJ'/S.7'/?A lY £0CS 945- X 945.5 --fN5-- --SF -- l-=D-"A"TE:_4..:.R:=E.:.;Vl::..Sl.cO_N_D_E_S_CR_I_Pn_o_N ___________ ---j DWG ORIENTATION CLIENT/JOB ADDRESS GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN Install silt fence/bio roll around the perimeter of the construction area. Sediment control measures must remain in place until final stabilization has been established and then shall be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of I to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric. The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that are not so protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden runoff and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded with Minnesota Department of Transportation Seed Mixture 22-111 at I 00 lb/acre followed by covering with spray mulch. A dumpster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. A separate container shall be placed for disposal of hazardous waste. Hazardous wastes shall be disposed of in accordance with MPCA requirements. Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. I I 93s_~1 I I I , 942.0 I I I I I I I I I Existing Dwelling 933_h ~ 0 10' 20' DUSTIN & CASIE KINDL 2649 CASCO POINT ROAD ORONO,MN @\dvance Surveying & Engineering, Co. 5300 South Hwy. No 101 Minnetonka, Minnesota 55345 Phone (952) 474·7964 Web: www.advsur.com ~---....,...., Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas. Moisture shall be applied to disturbed areas to control dust as needed. Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first disturbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22-111 at I 00 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: When final grading has been completed but before placement of seed or sod an "as built" survey shall be done per City of Orono requirements to insure that grading was properly done. When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. 948.7 / 949.0 DATE SURVEYED: FEBRUARY 6, 2016 SURVEYED BY: ADVANCED SURV. & ENGINEERING, CO. DATE DRAFTED: AUGUST 16, 2016 I I 7 1953.4 SHEET TITLE 953.2 PROPOSED SURVEY DRAWING NUMBER #160775JR S1 SHEET 1 OF 1 PC Exhibit D proposed improvements and 'Ovements to the property. he property lines, are taken b site, we suggest you show :k lines are shown correctly. CLIENT/JOB ADDRESS -c -------------J.··------------ Concrete truck washout shall be ii. .e plastic lined ditch and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired as necessary to provide downstream protection. 929.9 I I r r --951,6 --f--/ I ( I / : : ( 933.5 ( I I : : . I : : t /1 : \ I ; \ I; \ 933.2 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 942.0 £· x1sting Dwelling -....... ....:... Existing Dwelling I HEREBY CERTIFY 1HAT 1HIS PUN, SPEClflCA 110N OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SIJP£R\1SION AND lHAT I AM A DULY LICENSED Cl\11. DUSTIN & CASIE KINDL 2649 CASCO POINT ROAD ORONO,MN @\dvance Surveying & Engineering, Co. 5300 South Hwy. No 101 Minnetonka, Minnesota 55345 Phone(852)474•7964 Web: www.advsur.com ENGINEER E LAWS ~ STA 1E ~ MINNESOTA. August 16, 2016 DATE VY ucu lUIJ. Ii:> Ci:>la.UUi:>UCU, i:>lll J.C'U\.;v a.uu UUCl plUlCl,;UUll anu ULHC:::r c:::ru:s1un l:UilffUl uev1ces shall be disposed of and adjacent streets, alleys and walks shall be cleaned as needed to deliver a site that is erosion resistant and clean. 950.9 " ,, 948.7 / 949.0 I 1 • '. ', I \Ai/ 't ~ 177,7:;ry/77""::~-,.....,._--"-" ~'?J~ ~ V -C:: V ,..-1 Ql t § 95 .0 ~ ~ ~ DATE SURVEYED: FEBRUARY 6, 2016 SURVEYED BY: ADVANCED SURV. & ENGINEERING, CO. DATE DRAFTED: AUGUST 16, 2016 \ LO ~ (j ..... I d ~ o, 9 ,}·3 X95t 5 ---~ "" I I ~ 4953.4 71 SHEET TITLE \ I \ L 953.2 PROPOSED SURVEY DRAWING NUMBER # 160775JR SHEET NO. S1 SHEET 1 OF 1 'o -~ II PC Exhibit E # 3861 LITTFIN DESIGN © COPYRIGHT 2016 MLITIFIN@HOTMAIL.COM .ii&. 11 e ~ 2~~~t 11 II II II Ii I~ II II 3 I PROPOSED BASEMENT PLAN smt=~ 14'J"X\3' ===Jr~=== ENTERTAJNMENT '=' FLEX ROOM STORABE ROOM CARP-Er Tf.:.~~ 20,:a·~· 20STOTAtSQVAAEA:IIT :t:J: \..>J CX) ~~M..\ "' ~ 91 b lo c.:i C") 24'-0" ~~~ !c2!~ 18'd0" 40'-0" § jSll"IINGARl!A I 11'5'X1(' II 10'CE!U~ 110 ~~ PROPOSED RAST FLOOR PLAN SCALE:!/fl'=-1'0" t i ll ~t !~ 40'-0" 24'-0" 18'-0" 2 ) :~~~;:~ 1 ~0 SECOND FLOOR PLAN 2- Pc Exhibit F City of Orono Hardcover Calculation Worksheet Property Address: 2649 Casco Point Road (our survey 160775) Prepared by: Joshua S. Rinke PE No. 52716 Date: 8/16/2016 Stormwater Quality Overlay District Tier: (Circle one) Step 1: EXISTING HARDCOVER Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Survey (Example) lGarae:e\ A House B Bituminous Road C Concrete Areas D Paver Pation E Garage F Deck G Retaining Walls H Neignoor s Shed I J K L M N 0 p Q R s T u V w X V L Ill Total Existing Hardcover Excludable Hardcover {See Citv Code Sec 78-1684) Retaining Walls Neignoor s Shed (2l Total Excludable Hardcover {31 Net Existing Hardcover 14l Total Lot Area Existing Hardcover Percentage ((3) / (4)) Length x Width Total (Square Feet) (24 x3U"J # 3861 (720) S.F. 1,511 S.F. 944 S.F. 615 S.F. 219 S.F. 639 S.F. 40 S.F. 62 S.F. 12 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ::..t-. 4 042 S.F. 62 S.F. 12 S.F. S.F. S.F. ::,.~. 74 S.F. 3 968 S.F. 11780 S.F. 33.68% RECEIVED AUG 1 72016 Cfl'YOFORONO ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional civil engineer under the laws of the State of Minnesota. Joshua S. Rinke PE No. 52716 Step 2: PROPOSED HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey (Example) IGarae:el (24 x30'J (720) S.F. A House "'Structural Hardcover"' 1,757 S.F. B Driveway 967 S.F. C Porch/Steps (Southeast side of house) 95 S.F. D Window Well (Ret. Walls) 10 S.F. E Sidewalk {from garage to porch) 85 S.F. F Existing Retaining Wall 17 S.F. G Neighbors Sned 12 S.F. H Retaining Wall (Southwest side of house) 17 S.F. I Deck 240 S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. L ~.t-. 11) Total Proposed Hardcover 3 200 S.F. Excludable Hardcover !See Citv Code Sec 78-16841 Existing Retaining Walls 17 S.F. Neighbors Shed 12 S.F. Window Well {Ret. Walls) 10 S.F. Retaining Wall {Southwest side of house) 17 S.F. ~.t-. (2) Total Excludable Hardcover 56 S.F. (3l Net Prooosed Hardcover rsubtract line (2) from line (1\1 3144 S.F. /4) Total Lot Area 11780 S.F. Proposed Hardcover Percentage [(3) / (4)] 26.69% Hennepin County· Locate & Notity Map PC Exhibit G Provided By: Resident and Real Estate Services Date: 8/15/2016 20-117-23-22 / / /, / 20-117-23-23 // (18) I (7) Buffer Size: 350 feet Map Comments: 2011723240029 (19) DUSTIN KINDL & CASIE L KINDL 2649 Casco Point Road Orono, MN 55391 \. \ (5) (6) \ \ \ \ , (9) (10) I I (30) (23) (31) (35) (46) ' / (44) (45) (21) (14) 20-117-23-24 (25) (20) (15) (16) 191 RECEIVED AUG 1 72016 arYOFORONO §' :]5 .. >:-(13) .,-:-· 0 60 120 240 ft I I I I I I I For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@henriepin.us # 3861. Easy Pee111>1 Labels Use Avery® Template 5160® 38 20-117-23 21 0032 WENDY W DANKEY 2599 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0001 GERALD ERICKSON SANDRA ERICKSON P.O. BOX 584 WAYZATAMN 55395 38 20-117-23 23 0002 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0003 MARY A PETERSON 6445 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 23 0020 WILLIAM F & JULIE R SNYDER 1629 BOHNS POINT RD WAYZATA MN 55391 38 20-117-23 23 0021 DA YID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0022 KARL S FREIENMUTH 2659 CASCO POINT RD WAYZATAMN 55391 38 20-117-23240001 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0003 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® i I I I I I I J. A 111111111111111 Feed Paper_, Bend along line to expose Pop-up Edge™ 38 20-117-23 24 0004 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0029 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0030 NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 24 0031 MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0035 GARY L & JOAN M MARQUARDT 2617 CASCO PO INT RD WAYZATA MN 55391 38 20-117-23 24 0036 BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-1 I 7-23 24 0038 ERIC J VOGSTROM ELIZABETH A VOGSTROM 2618 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0039 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATAMN 55391 38 20-117-23 24 0042 PAUL J KASTER 2600 CASCO POINT RD WAYZATA MN 55391 A. Sens de charaement I Repliez a la hachure afln de I reveler le rebord Pop-up™ 1 ~ AVERY® 5960t"' l PC Exhibit H # 3861 RECEIVED AUG 112016 OOVOFORONO www.avery.com 1-800-GO-AVERY PC Exhibit I I ~ . . b::: w a: g ~ ~ 2 2 8 b:: w · a:: a · ~ Q. ~ .... ~ z z 8 ,.. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) ~JW ,Alwm Uffit£ [print name(s)J of Zt/£{Jyco ft /J?, [print address] have rWV?i?:~ t~~s for the proposed improvement or proposed use of the prope 2tkt/~ f:...l/2);%1._ er..!:!f2 also referred to as Land Use Application No. ____ .. I (we) understand that in executing this acknowledgement, I {we) am (are) not asked to decla disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) improvement plans and that the proposed neighbor's project or use requires Council approval. aeM( s~tflJ}i( &'-~ 5 -201 {p Property Owner Date fl_tY/:;rnl)...., ~• e£YUI..---'. fl-::US -::zo / fio Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. PC Exhibit J located at approval or ware of the ~**'lrl:***tt***'lrlt***'ldrfc**-k-k****-lrlri:***1c'l:*****1rir--lrl:**frlrlrlcirl:**1rlrlrlt***'lrlr*****'K'fc********"kk*******'lrll***'lrl:**1rlri(wit*~*1rlt* ******'I:'#****** ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we)_,_,(&~·~{g:....,.&.mft=Y/l""""'-'(/.:..;;..+7/f __ of %¥1 ut)co fr & [print name(s)] [print address] ~4eviewed )}~plans for the proposed improvement or proposed use of ·· (}zc{} l2 also referred to as Land Use Application No. ____ . I {we) understand that in executing this acknowledgement, I (we) am (are} not asked to dee! disapproval of he pro erty or use but merely to confirm for the City Council that I (we) am (are improvement a at the proposed neighbor's project or use requires Council approval. {!} zv/2.tilt Prope Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. Variance Application -May 2016 Page 13 located at approval or aware of the Mike Gaffron From: Sent: To: Subject: K.!tVDL. Dustin Kindl <dustin.kindl@gmail.com> Wednesday, September 21, 201611:15AM Mike Gaffron Re: Orono Zoning File 16-3861 Packet for Monday's Planning Commission Meeting Sounds good. Thanks Mike. Can we fully withdraw our variance application and apply for a permit to build the home without the deck? We would submit for the permit to build the home with doors on the main and the dining area with railings so that if the rule changes at some point in the future, we could proceed with adding a deck if/when that happens. Dustin On Wed, Sep 21, 2016 at 10:50 AM, Mike Gaffron <MGaffron@ci.orono.mn.us> wrote: Dustin - No, we will not accept a building permit application for review until your variance application has been approved, and we would not approve or review a building permit application while the variance is under review. If you wish to withdraw the variance and provide building plans that don't require any variances and don't include doorways leading to a deck that might not get approved, that is an option. We do not put the Planning Commission and Council into the position of having to approve variances based on issued building permits that contemplate future approval of a variance. Additionally, we cannot put your permit application into the review queue ahead of an application that has completed their variance process or doesn't need variances. Mike Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone: {952) 249-4622 Fax: (952) 249-4616 1 From: Dustin Kindl [mailto:dustin.kindl@gmail.com] Sent: Tuesday, September 20, 2016 10:28 PM To: Mike Gaffron <MGaffron@ci.orono.mn.us> Subject: Re: Orono Zoning File 16-3861 Packet for Monday's Planning Commission Meeting Hi Mike Can we apply for the hardcover variance (for the deck) after we submit and while our building permit application is being reviewed and processed? Thanks Mike! Dustin On Monday, September 19, 2016, Mike Gaffron <MGaffron@ci.orono.mn.us> wrote: Dustin- Thank you for the notification. I will remove your application from tonight's agenda, and we can then discuss your plans later this week. Mike Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone: (952) 249-4622 Fax: (952) 249-4616 From: Dustin Kindl [mailto:dustin.kindl@gmail.com] Sent: Monday, September 19, 2016 3:06 PM To: Mike Gaffron <MGaffron@ci.orono.mn.us> 2 Cc: casie.kindl@gmail.com Subject: Re: Orono Zoning File 16-3861 Packet for Monday's Planning Commission Meeting Hi Mike. I am sorry for the last minute change of plans. Please have us removed from the agenda for the meeting this evening. As I had mentioned in a previous conversation, we don't feel like we are adequately prepared to make decisions on where we would like the home positioned which impacts our ability to have a deck. We just need more time to think this through and plan accordingly. Thanks again, Mike! Dustin & Casie On Fri, Sep 16, 2016 at 2:35 PM, Mike Gaffron <MGaffron@ci.orono.mn.us> wrote: Attached please find a copy of the agenda, staff report and information packet for your variance application to be heard at Monday's Orono Planning Commission meeting which begins at 6:30 p.m. Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone: (952) 249-4622 Fax: (952) 249-4616 3 Mike Gaffron From: Sent: To: Cc: Subject: Hi Mike. Dustin Kindl <dustin.kindl@gmail.com> Monday, September 19, 2016 3:06 PM Mike Gaffron casie.kindl@gmail.com Re: Orono Zoning File 16-3861 Packet for Monday's Planning Commission Meeting I am sorry for the last minute change of plans. Please have us removed from the agenda for the meeting this evening. As I had mentioned in a previous conversation, we don't feel like we are adequately prepared to make decisions on where we would like the home positioned which impacts our ability to have a deck. We just need more time to think this through and plan accordingly. Thanks again, Mike! Dustin & Casie On Fri, Sep 16, 2016 at 2:35 PM, Mike Gaffron <MGaffron@ci.orono.mn.us> wrote: Attached please find a copy of the agenda, staff report and information packet for your variance application to be heard at Monday's Orono Planning Commission meeting which begins at 6:30 p.m. Michael P. Gaffron Senior Planner City of Orono (Street Address) 2750 Kelley Parkway (Mailing Address) P.O. Box 66, Crystal Bay, MN 55323 Phone: (952) 249-4622 Fax: (952) 249-4616 1 j/2--l{plf--Ul!sr __ bu;;rz N -ffk;(/1 AJ 6> 71-ft?> ~ ~t e 4-J~ r :t 7 1 I J>o es. 2-:r1ft ~~s. ~ _· - (j) ~Al:. r<MJ 111/(::, ~~~ 7-o ~ AfJPuC4--1'7t,/U -A.Jt>r ?-1~'-r _70 13e __ , 5,upf-JP~ 8 r c;.~ tJ'/2--f!c,. tJVr:dV rF __ AJ81b~ ~ C>~ w1~ tr- ___ ~ 7 I ,x 22-l 0~ jsc..f_ s :P. VD Ng. #:-,S --- ~~ MG ~ 't t,-8 ?f, ( :> ~-:? ~ ) (N/'r14-(__ful)~ s,J'f'/ ( 2~/7 ~) ____ Mt~ ~tlf<f-,./~r3~B (z.s~0f0 --------- ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional civil engineer under the laws of the State of Minnesota. Joshua S. Rinke PE No . 52716 Step 2: PROPOSED HARDCOVER In the following table identify .fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to Id' hd fh accurate y ep1ct existing ar cover status o t e property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey \Example) (Gara2e\ (24 X 30') (720) S.F. A House "Structural Hardcover"' 1,757 S.F. B Driveway 967 S.F. C Porch/Steps (Southeast side ot house) 95 S.F. D Window Well \Ret. Walls) 10 S.F. E SidewalK \trom garage to porch) 85 S.F. F Existing Retaining Wall 17 S.F. G Neignoor s Shed 12 S.F, H Retaining Wall (Southwest side ot house) 17 S.F . I Stoop & Steps {North side ot Garage) J rJo r K L I M r-, 5 N 0 p \~~ Q I R I \)Oe5 s I T u 1tJC V w X S.F. y S.F. L S.F. Ill Total Prooosed Hardcover 3 000 S.F . Excludable Hardcover {See Citv Code Sec 78-16841 Existing Retaining Walls 17 S.F. Neighbor's Shed 12 S.F. Window Well (Ret . Walls) 10 S.F. Retaining Wall {Southwest side of house) 17 S.F. S.t-. {2 Total Excludable Hardcover 56 S.F. {3 Net Proposed Hardcover [Subtract line 12) from line llll 2 944 S.F. 14 Total Lot Area 11 780 S.F. Proposed Hardcover Percentage ((3) / (4)) 24.99% # 3861 RECEIVED , AUG 1 7 2016 City of Orono Hardcover Calculation Worksheet Property Address: 2649 Casco Point Road (our survey 160775) Prepared by: Joshua S. Rinke PE No. 52716 Date: 9/16/2016 Stormwater Quality Overlay District Tier: (Circle one) Step 1: EXISTING HARDCOVER Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey (Example) /Garae:el (24 X 30'} (720) A House 1,511 B Bituminous Road 944 C Concrete Areas 615 D Paver Pation 219 E Garage 639 t-Deck 40 G Retaining Walls 62 H Neighbors Shed 12 I J K L M N 0 p u. R s T u V w X V L 11) Total Existing Hardcover 4 042 Excludable Hardcover !See Citv Code Sec 78-16841 Retaining Walls 62 Neignoor s Shed 12 121 Total Excludable Hardcover 74 (3) Net Existine: Hardcover 3 968 (4) Total Lot Area 11780 Existing Hardcover Percentage [(3) / (4)) 33.68% S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.1-. S.F. S.F. S.F. S.F. S.F. S.t-. S.F. S.F. S.F. -U rr3 ------- 2-& I 6~c!f) 1 s-.:S s;[ \ \.\.S. '(l,~~~t.f7)-t-(t7l<~'°)J? Su.sr-+&>-vt c. /'fr?> _ ----tt \)et:¥. '-f~-~ 2-3-2q_ '!>~ CAV-G. ~ 12-9Ar-;Bi( - • - ----- .. -------------------W----- •• r ■ ■.I • • I . ... • I ~--H------C4{ 6z? p;-~ ·. - ~L 578 2-( 2oori) •. ter~A 12, 7 2.g I I +.------: ------- _ (7,1 % (A!)yCRJ(/&, ~~ ~--I - 330 sf, {-fc ~uJ~ -:_ : -----1 I • . ,;:; 2h I t{ ¼ "'t'° Aki\-' I .~------... -- I I -...,---- ----~ -~ t --------T --- 1 1 ------------r -------------- To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: M~y 22, 1985 Subject: Jon Scherven, 2649 Casco Point Road #908 Variance; #924 Conditional Use Permit Zoning District -LR-lC 1/2 Acre Application -Conditional Use Permit for a guest apartment in basement of existing house -concurrent with proposed addition and remodeling (average setback variance with hardcover tradeoffs). List of Exhibits Exhibit A -Applications With Neighbors' Letters of Approval Exhibit B -Property Owners List Exhibit C -Plat Map Exhibit D -Survey Exhibit E -Staff Hardcover Calculations Exhibit F -Addition Plans Exhibit G -Resolution #1687 Exhibit H -Pknning Commission Mir:ut0s 4/15/85 The applicant is requesting to build a two-story addition over the existing concrete slab and deck on the lake side of his parents home. The addH;ion is proposed to inc 1 ude additional 2nd stt,ry deck, portions of which are proposed to extend into the 75' lakeshore setback zoo,~. Appli cant proposes tradeoffs in hardcover so that there will be no net increasP. in hardcover on the property in the 75-250' zone. Existing 75'-250' hard cover is 44%. A slight increase of 98 squar"! feet hardcover in the 0-75 1 zone is requested, increasing this hardcover from 01 to 2%. In reviewing the construction plans during the variance review, staff noted a second kitchen propose,] to be installed in the lower floor. Appli cant states that he plans to buy the home from his parents since they are near retirement, and he will live upstairs wjile his parents would live in the basement unit. This second dwe 11 ing unit requires a condi tiona 1 use permit. The property is only 0.27 acre, not meeting the 1.0 acre which would normally be required in the 1/2 acre zone for a guest house use. Applicant is willing to agree to never renting out the second unit. A public hearing on the conditional use permit application was held on May 20, 1985, with no objections from the public. The average setback variance required is due mainly to the location of the house to the south an average of 100' f:rom the shoreline. The neigh bors to the north a"d south (Christianson and Hartwell, respectively) have given written approval of the project. Staff would suggest that the average setback variance be granted based on the hardship of the location of the existing build~~g; that the 75'-250' hardcover variance be granted subject to removal of an equivalent amount of 1 Zoning File #908 and 924 Jon Scherven May 22, 1985 Page 2 of 2 existing hardcover; that the deck be redesigned to not encroach into the 0- 75' setback zone; and that the conditional use permit be granted subject to the conditions enumera.tcd by the Planning Commission. The Planning Commission reviewed the variance and conditional use permit requests at their April 15, 1985 meeting, and the formal public hearing for the conditional use permit was held on May 20, 1985. The Planning Commission's recommcmdation is as follows: 1. Approve the averag2 setback variance of 8' for the proposed addi tion, noting that the neighbors have stated they h~ve no objection to the addition, and noting that the addition will be placed in an area of existing hardcover. Hardship: location of existing house and neighboring houses. 2. Approve the portions of the proposed 2nd story deck within the 75- 250' setback area, which deck wi 11 comprise approximately 190 square feet in the 75-250' setback zone. Applicant has identified 190 square feet of existing hardcover which he wi 11 remove concurrent with the application, for no net increase of hardcover in the 75-250' ~one. 3. Approve the additional 98 square f8et of proposed deck which will encroach into the 0-75' setback area, and for which the applicant can not make a hardcover trade-off without removing what he considers essential hardcover in ths 75-250' zone; under the condition that this deck may never be enclosed and may not have concrete or other impermiable surf3ces placed underneath this portion of deck. The 0- 75' hardcover will increase from 0% (existing) to 2%. 4. Approve the conditional use permit for guest apartment use subject to the following conditions: A. The guest apartment is for use of family members only. B. 'I'his guest apartment use may not be conveyed to a purchaser of the property. C. The guest apartment may not be rented out and such to be confirmed by staff yearly. D. This use is subject to City review at the end of four years. Please review the April 15 Planning Commission minutes. The Planning Commission action of A9ril 15 regarding the conditional use p~rmit was reaffirmed on a 5-1 vote on May 20, with Commissioner Goetten voting nay based on the property not meeting the required total of J. acre in area. Resoluticns reflecting the Planning Commission recommendations have been drafted and are attached to this packet. 2 &J;/1.-,t-•(:-;~ e r.,A~ v-r0 P C 0/JC 3 l,.JC.S /J (,,...,,t,::(t ;i,.D I T70t ,.:_ '--~~"'' ,,, \.:/ .i' ( 2 -Y St,, , ') ::: 0 : _,. & l B/o. Jos-. / 2-5, qy7s, ::-, / I .._;, /Ol ... s r' ··r ORONO HARDCOVER CALCULATION WORKSHEET C. LAKESHORE SETBACK ZONE A, Exist:ing B. Existing Existing hardcover D. Proposed E. Proposed F. Allowed hardcover hardcover Percentage hardcover percentage in zone ((D-;A) X 100] lot area in zone [ (B-;-A} x 100] in zone 0-75' J../):>-00 sf 0 sf D % 08 sf \ % 75-250' 7~00sf ?:, I BCo sf 4t-/ ~-3 i ~':)(,,, sf '7 % (' " ;.,-) r,/ -.. -',/ 250-500' sf sf /o sf % 500-1000' sf sf ¾ sf % Directions: A. Existing Lot Area in Zone -inclu6es tl1e total square footage of dry buildable land within the specified zone. hardcover percentage 0 o/c, 25 "/o 30 Le' 35 "/.., B. Existing Hardc~ve~ in Zone -includes the square footage of existing roofs, decks, sidewalks, driveways (oravel or paved) and other rain-irn~ervious surfaces within the specified zone. C. Existing Har<lcover Percentage -divide the number in B by the number in A and multiply by 100. D. Proposed Hardcover in Zone -includes the existing ha.rdr::over plus all :)reposed aci'.iition3l ha rr1c ,:,ve.r. C. Proposed Hardcover Percentages -divide the number in Q by the number in~ and Kultiply by 100. F. Allowed HardcovL~ Percentages -if the percentages in column E for any setback zone exceed the allowed percentages in column F, you should contact che Zoning Department at 473-7357 to discuss the possibilities of obtaining a variance. Generally, if a concurrent removal of existing hardcover matches the additional hardcover proposed, resultin~ in no net increase of hardcover in a specified zone, a variance may not be necessary. \ \ \ \ ti .. . . . - . . . -+e.ss· ~~ 2,~~3 ~ ~. ;... \\1'lP: w j,. 7o ' t 55 .00' ... '\ .· ·, ~ .... ·--1 ·, .• J ••• .... , ..., i .~;~ : ', ·' ./ (, I .oo· /1( .2 f,' ~ . -· .. -.. ! I .I AFFIDAVIT OF PUBLICATHJ1~ STATE OF MINNESOTA ) ss COUNTY OF CA RV ER Charlene Vold being duly sworn on an oath , states or affirms that h e/she is the Publisher's Designated Agent of the newspaper(s) known as: The Laker, The Pioneer with the known office of issue being located in the county of: CARVER with addition al ci rcul ation in the counties of: HENNEPIN and has ful l knowledge of the facts stated below : (A) The newspaper has compli ed with all of the requirements constituting qualifica tion as a qualified newspaper as provided by Minn . Stat. §331A .02. (B) This Public Notice wa s printed and pub lished in said newspaper(s) once each week, for 2 successive week(s); the first insertion being on 09/03/2016 and the last insertion being on 09/03 /20 16. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage fo reclosure notices: The newspaper complies with the conditions d escri bed in §580 .033 , subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By ~-tocD Designated Agent Subscribed and sworn to or affirmed before me on 09/03/2016 by Charlene Vold. 9-~fv\Ma<-f~- Notary Public Rate Information : (1) Lowest classified rate paid by commercial users for comparable space : $15 .00 per column inch Ad ID 591683 CITY OF ORONO NOTICE OF PUBLIC HEARING The Orono Planning Commis sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday Sep tember 19, 2016, beginning at 6:30 p.m. on the matter of reviewing the following land use applications : 16-3852 Peter Lanpher & Penny Rogers , 1380 Rest Point Rd , re quests fence height and lake yard setback variances to permit the construction of a fence taller than 42 inches in the street yard and closer than 75 feet to the lake. 16-3859 Robert Gumnit, 1100 Old Crystal Bay Road S , requests approval of a conditional use per mit in order to use an existing tack building as a guest house. 16-3861 Dustin and Casie Kindl, 2649 Casco Point Rd , request a structural coverage variance to exceed the 15% limit in conjunc tion with the redevelopment of the property. 16-3862 Robert Lund, 2732 Caroline Ave, requests conditional use permit for a guest house and a variance to penllit the existing nonconforming oversized acces sory structure to be converted into a guest house . 16-3864 Peter Eskuche on be half of Graham Merry, 500 Willow Drive S, requests a conditional use permit for a new guest house and a variance to permit the guest house, an accessory structure , to be lo cated street ward of the principal structure on the property. 16-3865 City of Orono. Text Amendment to Title IV of the Code of Ordinances, including the Zoning Regulations and Subdivision Con trols, all pertaining to the appeal process . 16-3851 Peter Bluth, 2413 Car man St, requests approval of a variance to allow plumbing in an existing non-conforming oversize accessory structure (OAS). All persons w ishing to be heard are encouraged to attend these meet ings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 13, 2016 if possible. Interested persons may review the applica tions and proposed ordinance lan guage at City offices or by visiting the City's Website at www.ci.orono. mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Jeremy Barnhart Community Development Director Published in The Laker & Th e Pioneer September 3 , 2016 591683 CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #16-3861 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 2nd day of September, 2016. 'ikhuu~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday September 19, 2016, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 16-3852 16-3859 16-3861 16-3862 16-3864 16-3865 16-3851 Peter Lanpher & Penny Rogers , 1380 Rest Point Rd, requests fence height and lake yard setback variances to permit the construction of a fence taller than 42 inches in the street yard and closer than 75 feet to the lake. Robert Gum nit, 1100 Old Crysta l Bay Road S, requests approval of a conditional use permit in order to use an existing tack building as a guest house. Dustin and Casie Kindl, 2649 Casco Point Rd, request a structural coverage variance to exceed the 15% limit in conjunction with the redevelopment of the property. Robert Lund, 2732 Caroline Ave, requests conditional use permit for a guest house and a variance to permit the existing nonconforming oversized accessory structure to be converted into a guest house. Peter Eskuche on behalf of Graham Merry, 500 Willow Drive S, requests a conditional use permit for a new guest house and a variance to permit the guest house , an accessory structure, to be located street ward of the principal structure on the property. · City of Orono, Text Amendment to Title IV of the Code of Ordinances, including the Zoning Regulations and Subdivision Controls , all pertaining to the appeal process . Peter Bluth, 2413 Carman St, requests approval of a variance to allow plumbing in an existing non-conforming oversize accessory structure (OAS). All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by September 13, 2016 if possible . Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us . For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission art, Community Development Director To be published in The Laker & The Pioneer Newspapers on September 3, 2016. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 08/15/2016 38 20-117-23 21 0032 WENDY W DANKEY TRUSTEE 2599 CASCO POINT RD ORONO MN 55391 WENDY W DANKEY 2599 CASCO POINT RD WAYZATA MN 55391 38 20-1 I 7-23 23 0001 HE, G ERICKSON/S ERICKSON TRUSTS 2683 CASCO POINT RD ORONO MN 55391 GERALD ERICKSON SANDRA ERICKSON P.O. BOX 584 WAYZATA MN 55395 38 20-117-23 23 0002 ROBERT BREON/JULIE BRANDSMA 2691 CASCO POINT RD ORONO MN 55391 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0003 PETERSON-V-LIMITED PTNRSHP 2695 CASCO POINT RD ORONO MN 55391 MARY A PETERSON 6445 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 23 0020 W F SNYDER & J R SNYDER 2677 CASCO POINT RD ORONO MN 55391 WILLIAM F & JULIE R SNYDER 1629 BOHNS POINT RD WAYZATA MN 55391 38 20-117-23 23 002 I D D GUTERMUTH/ L J GUTERMUTH 2665 CASCO POINT RD ORONO MN 55391 DA YID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0022 KARLS FREIENMUTH 2659 CASCO POINT RD ORONO MN 55391 KARL S FREIENMUTH 2659 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 000 I D L RUNKLE & L F RUNKLE 2684 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO POINT RD ORONO MN 55391 TODD M KIMMES 2660 CASCO PT RD WAYZATAMN 55391 38 20-117-23 24 0003 D L RUNKLE & L F RUNKLE 2684 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATAMN 55391 'IN COUNTY PROPERTY INFORMATION SYSTEM (PRl .TY OWNERS LIST) PAGE:1 38 20-117-23 24 0004 D L RUNKLE & L F RUNKLE 2686 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0029 DUSTIN KINDL & CASIE L KINDL 2649 CASCO POINT RD ORONO MN 55391 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0030 N J GREENE & A K GREENE 2645 CASCO POINT RD ORONO MN 55391 NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 24 0031 MARILYN B THORNE 2635 CASCO POINT RD ORONO MN 55391 MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 T P KUBALAK & PM KU BALAK 2623 CASCO POINT RD ORONO MN 55391 THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-1 I 7-23 24 0035 G L MARQUARDT/J M MARQUARDT 2617 CASCO POINT RD ORONO MN 55391 GARY L & JOAN M MARQUARDT 2617 CASCO POINT RD WAYZATA MN 55391 38 20-1 I 7-23 24 0036 BRUCE J HEDBLOM ET AL 2601 CASCO POINT RD ORONO MN 55391 BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0038 E J VOGSTROM & EA VOGSTROM 2618 CASCO POINT RD ORONO MN 55391 ERIC J VOGSTROM ELIZABETH A VOGSTROM 2618 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0039 J W & BJ ESSEN 2648 CASCO POINT RD ORONO MN 55391 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATAMN 55391 38 20-117-23 24 0042 PAUL J & MARYE KASTER 38 ADDRESS UNASSIGNED ORONO MN 00000 PAUL J KASTER 2600 CASCO POINT RD WAYZATAMN 55391 # 3861 RECEIVED AUG 1 72016 CITY OF ORONO Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED AUG 1 720m CITY OF ORONO September 1, 2016 Dustin & Casie Kindl 4898 Bartlett Boulevard Mound, MN 55364 SUBJECT: Zoning Application #16-3861 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us 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 located at 2649 Casco Point Road. Our preliminary review indicates that your application is complete for review. However, we do require that you submit a full size scale copy of the survey in order to make our review process more efficient. You should be able to readily procure this from your surveyor. Please submit this survey as soon as possible. Your application is scheduled to appear before the Planning Commission on Monday, September 19, 2016. The meeting begins at 6:30 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; the staff report and agenda will be made available the Friday prior to the meeting on the City's website at www.ci.orono.mn.us. Search for the Planning Commission materials under the meeting date by following the link "Meeting Information". Please call me at 952.249.4622 or by email at mgaffron@ci.orono.mn.usshould you have any questions. Sincerely, ~~¥ Senior Planner PROPERTY OWN Name : Phone (Primary): Mailing Address : Email : 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 # Date Received: Staff : Fee : Escrow# & $ Permit Fee Notes : APPLICANT/AGENT 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. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. ApplicanUAgent Signature: _Applicant/Agent Signature : Property Owner Signature : Property Owner Signature : Variance Application -May 2016 =======::::: =~=~t=== ~~..,:_=:....~--.:=-s,,~--,lt----Date: -~--+-1_4 +..a[_J, ____ _ Page2 # 3861, RECE IVED AUG 1 t 2016 CITY OF ORONO City of Orono Variance Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only: City Planner: Meeting Date/Time: PC Date: ____________ _ Met with: What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. Site Address: Property Identification Number (PIN): Zoning District: ______ Size of Property: DESCRIPTION OF VARIANCE REQUEST: □ Average Setback □ Side Yard Setback ~ardcover Tier 1 □ Hardcover Tier 2 □ Lot Coverage □ Lot Area □ Other: □ Rear Yard Setback □ Hardcover Tier 3 □ Lot Width □ Lake/Front Yard Setback □ Hardcover Tier 4 Applicant's RACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical 1-l_n_iti_a_ls_: --f--------i Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses 1--ln_it_ia_ls_: __ -l-1---;...>.;'-'-'::::r--incurred in review of this application and/or additional staff time not covered in initial Owner's application fee, as well as provide an escrow in the amount of $ '2-/t:,OO. e-O to Initials: guarantee payment of the above. Page3 RECEIVED AUG 1 72016 CITY OF ORONO Provided By: Resident and Real Estate Services H Hennepin County Locate & Notify Receipt Print Date Mon Aug 15 08:09:03 2016 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name: Casie Kindl TOTAL COST: $25.00 Contact Person: 763 370 7945 Subject Property Address: 2649 Casco Point Rd, Orono Comments: 350' Buffer Distance: 350 feet 38 20-117-23 21 0032 38 20-117-23 23 0021 38 20-117-23 24 0004 38 20-117-23 24 0035 38 20-117-23 23 0001 38 20-117-23 23 0022 38 20-117 -23 24 0029 38 20-117-23 24 0036 38 20-117-23 23 0002 38 20-117-23 24 0001 38 20-117-23 24 0030 38 20-117-23 24 0038 38 20-117-23 23 0003 38 20-117-23240002 38 20-117-23 24 0031 38 20-117-23 24 0039 Mail Label Count: 20 38 20-117-23 23 0020 38 20-117-23 24 0003 38 20-117-23 24 0032 38 20-117-23 24 0042 # 3861 RECEIVED AUG 172013 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ( fl '!'.1 e:.--ltA First Middle Address ~ MN City State I understand my rights as stated above. Variance Application -May 2016 ~~dl Last Page 10 1lR,-37v~114C Phone (el 2 -4 ( 4-1)l~ # 3861 RECEIVED AUG 1 7 2016 CITY OF ORONO (JO) 20-117-23-22 \ ,, 20-17-23-23 3-23 ~ ........ ,...._ ' ....... (5) ..... (6) (7) 20-117-23-23 ., (18) ✓ ...______ (19) I (9) ....... l -I ---(10) .. Buffer Size: 350 feet Map Comments: 2011723240029 DUSTIN KINDL & CASIE L KINDL 2649 Casco Point Road Orono , MN 55391 Date : 8/15/2016 \ (23) / (24) (31 ) ./ (35) (46) /;' .... (45) I I (44) I ' (21) I (14) 20-117-23-24 ~ (25) I (20) (15) (16) (19) RECEIV ED . ' AUG 1 72016 af'(OfORONO ....., ---~ J , (13) ...... 0 60 120 240 ft I I I I I I I For more information contact : Hennepin County GIS Office 300 6th Street South Minneapolis , MN 55487 gis .info@hennepin .us # 3861. RUN DATE: 08/15/2016 HENI\ .N COUNTY PROPERTY lNFORMA TJON SYSTEM (PROP. Y OWNERS LIST) PAGE: 1 38 20-117-23 21 0032 WENDY W DANKEY TRUSTEE 2599 CASCO POINT RD ORONO MN 55391 WENDY W DANKEY 2599 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 000 I G ERICKSON/S ERICKSON TRUSTS 2683 CASCO POINT RD ORONO MN 55391 GERALD ERICKSON SANDRA ERICKSON P.O. BOX 584 WAYZATA MN 55395 38 20-117-23 23 0002 ROBERT BREON/JULIE BRANDSMA 2691 CASCO POINT RD ORONO MN 55391 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0003 PETERSON-Y-LIMITED PTNRSHP 2695 CASCO POINT RD ORONO MN 55391 MARY A PETERSON 6445 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 23 0020 W F SNYDER & J R SNYDER 2677 CASCO POINT RD ORONO MN 55391 WILLIAM F & JULIE R SNYDER 1629 SOHNS POINT RD WAYZATA MN 55391 38 20-117-23 23 0021 DD GUTERMUTH/ L J GUTERMUTH 2665 CASCO POINT RD ORONO MN 55391 DA YID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0022 KARLS FREIENMUTH 2659 CASCO POINT RD ORONO MN 55391 KARLS FREIENMUTH 2659 CASCO POINT RD WAYZATA MN 55391 38 20-117-23240001 D L RUNKLE & L F RUNKLE 2684 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO POINT RD ORONO MN 55391 TODD M KIMMES 2660 CASCO PT RD WAYZATA MN 55391 38 20-117-23 24 0003 D L RUNKLE & L F RUNKLE 2684 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0004 D L RUNKLE & L F RUNKLE 2686 CASCO POINT RD ORONO MN 55391 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0029 DUSTIN KINDL & CASIE L KINDL 2649 CASCO POINT RD ORONO MN 55391 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0030 N J GREENE & A K GREENE 2645 CASCO POINT RD ORONO MN 55391 NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 24 0031 MARILYN B THORNE 2635 CASCO POINT RD ORONO MN 55391 MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 T P KU BALAK & PM KU BALAK 2623 CASCO POINT RD ORONO MN 55391 THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATAMN 55391 38 20-117-23240035 G L MARQUARDT/J M MARQUARDT 261 7 CASCO PO INT RD ORONO MN 55391 GARY L & JOAN M MARQUARDT 2617 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0036 BRUCE J HEDBLOM ET AL 260 I CASCO POINT RD ORONO MN 55391 BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-117-23240038 E J YOGSTROM & E A VOGSTROM 26 I 8 CASCO POINT RD ORONO MN 55391 ERIC J YOGSTROM ELIZABETH A VOGSTROM 2618 CASCO POINT RD WAYZATAMN 55391 38 20-117-23240039 J W & BJ ESSEN 2648 CASCO POINT RD ORONO MN 55391 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATAMN 55391 38 20-117-23 24 0042 PAUL J & MARYE KASTER 38 ADDRESS UNASSIGNED ORONO MN 00000 PAUL J KASTER 2600 CASCO POINT RD WAYZATAMN 55391 # 3861 RECEIVED AUG 1 72016 CITY OF ORONO Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED AUG 1 7 2am CITY OF ORONO Easy Peel'II' Labels Use Avery® Template 5160® 38 20-117-23 21 0032 WENDY W DANKEY 2599 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0001 GERALD ERICKSON SANDRA ERICKSON P.O. BOX 584 WAYZATAMN 55395 38 20-117-23 23 0002 ROBERT E BREON JULIE C BRANDSMA 2691 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0003 MARY A PETERSON 6445 VIRGINIA DR EXCELSIOR MN 55331 38 20-117-23 23 0020 WILLIAM F & JULIE R SNYDER 1629 BOHNS POINT RD WAYZATA MN 55391 38 20-117-23 23 0021 DA YID D GUTERMUTH LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 23 0022 KARLS FREIENMUTH 2659 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0001 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0002 TODD M KIMMES 2660 CASCO PT RD WAYZATAMN 55391 38 20-117-23 24 0003 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® I I I I J.. A. -Feed Paper - Bend along line to expose Pop-up Edge™ 38 20-117-23 24 0004 DA YID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0029 DUSTIN J KINDL CASIE L KINDL 2649 CASCO POINT RD WAYZATA MN 55391 38 20-1 I 7-23 24 0030 NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATAMN 55391 38 20-117-23 24 0031 MARILYN B THORNE 1016 PARK PLACE BURNSVILLE MN 55337 38 20-117-23 24 0032 THOMAS & PATRICIA KUBALAK 2623 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0035 GARY L & JOAN M MARQUARDT 2617 CASCO PO INT RD WAYZATAMN 55391 38 20-117-23 24 0036 BRUCE J HEDBLOM AND CAROL J CLINE-HEDBLOM 2601 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 24 0038 ERIC J VOGSTROM ELIZABETH A VOGSTROM 2618 CASCO POINT RD WAYZATAMN 55391 38 20-1 I 7-23 24 0039 JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATAMN 55391 38 20-1 I 7-23 24 0042 PAUL J KASTER 2600 CASCO POINT RD WAYZATAMN 55391 A. Sens de charaement I Repliez a la hachure afin de I reveler le rebord Pop-up™ 1 ~ AVERY® 5960'i'M l # 3861 RECEIVED AUG 1 72016 crrY OF ORONO www.avery.com 1-800-GO-AVERY LITTFIN DESIGN © COPYRIGHT 2016 MLITTFIN@HOTMAIL.COM # \..N 00 0-. ~ IF"4r ,I I II II II I I L ..dk _JI I L ____ _j RIGHT ELEVATION SCALE: §'' = 110° LEGAL DESCRIPTION: Lot 138, Spring Park, Hennepin County, Minnesota. LOT AREA: 11,780 SF SCOPE OF WORK & LIMITATIONS: l. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting swvey markers or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. While we show a proposed location for this home or addition, we are not as familiar witl1 your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 8. While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: u 8 11 Denotes iron survey marker, found, unless otherwise noted. :if: \.>J (X) ~ ~ MCEJVIJ A:l'J'.sTJ'NC COM'Ol!R -945--- .iXTS7'J'NC SPOT Elli'YATJ'QN x 945.5 PRQPQSS/J CON7YJl1R --N6-- PROPQSSIJ Elli'YA7'J'UN/SP07' £M'YA7'J'QN 9'15.5_/ DJ'UJ'N,10£ ARNOII' -EZO!f ~ SD7'F.i'NC£/.5TRAll'UJCS --sr-- I I (j I I 4 SCALE ( CLIENT/JOB AO DRESS GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGill Install silt fence/bio roll around the perimeter of the construction area. Sediment control measures must remain in place until final stabilization has been established and then shnH be removed. Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next rain. A temporary rock construction entrance shall be established at each access point to the site and a 6 inch layer of l to 2 inch rock extending at least 50 feet from the street into the site and shall be underlain with permeable geotextile fabric, The entrance shall be maintained during construction by top dressing or washing to prevent tracking or flow of sediments onto public streets, walks or alleys. Potential entrances that rue not so protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: When dirt stockpiles have been created, a double row of silt fence shall be placed to prevent escape of sediment laden nm off and if the piles or other disturbed areas are to remain in place for more than 14 days, they shall be seeded ,vith Minnesota Department of Transportation Seed Mixture 22wJ 11 at 100 lb/acre followed by covering with spray mulch_ A dun1pster shall be placed on the site for prompt disposal of construction debris. These dumpsters shall be serviced regularly to prevent overflowing and blO\ving onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requirements. A separate container shall he placed for disposal of hazardous waste. Hazardous wastes shall be disposed ofin accordance with MPCA requirements. Concrete truck washout shall be in the plastic lined ditch and dispose of washings as solid waste. Sediment control devices shall be regularly inspected and after major rainfall events and shaJl be cleaned and repaired as necessary to provide downstream protection. I I I I I I I I I 9JJ2 / / I 942.0 I I I , I ,' I f I"" 1--•-1-••••i DUSTIN & CASIE KINDL 2649 CASCO POINT ROAD ORONO,MN rA.dvance Surveying & Engineenflg, Co. 5300~ulhHwy.NIJ101 Mlnnatonka,Mlnnesota 55345 Phone(952)47+7964 Web:www.afflur.com Streets and other public ways shall be inspected daily and if litter or soils has been deposited it shall promptly be removed. If necessary, vehicles, that have mud on their wheels, shall be cleaned before exiting the site in the rock entrance areas. Moisture shall be applied to disturbed areas to control dust as needed. Portable toilet facilities shall be placed on site for use by workers and shall be properly maintained. If it becomes necessary to pump the excavation during construction, pump discharge shall be into the stockpile areas so that the double silt fence around these areas can filter the water before it leaves the site. Temporary erosion control shall be installed no later than 14 days after the site is first dishrrbed and shall consist of broadcast seeding with Minnesota Department of Transportation Seed Mixture 22~111 at 100 lb/acre followed by covering with spray mulch. SITE WORK COMPLETION: When final grading has been completed but before placement of seed or sod an ·'as built" survey shall be done per City of Orono requirements to insure that grading was properly done. When any remedial grading has been completed, sod or seeding shall be completed including any erosion control blankets for steep areas. When turf is established, silt fence and inlet protection and other erosion control devices shall be disposed of and adjacent streets, alleys and walks shall be deaned as needed to deliver a site that is erosion resistant and clean. 9.50.9, ,,., '11: \,l I ,_, q , - 9"'l 12 § 9s]o ti e I di"~;~~ 1 I ""t ! j ~ X95l5 , 9490 '~ ..... s +---J 'lo • s ~:f--I ~ ;---f-.:;;_l:~ f..J:il'/ -:!-~:------Install Rock Construction ~ (:)'L~~-a ::~::)(Reftv 't; ~ ~ .., .,_-SUt )MCd" ' ' xf" DATE SURVEYED: I SHEET TITLE FEBRUARY 6, 2016 --- ~ ADVANCED SURV, PROPOSED SURVEY & ENGINEERING, co. DATE DRAFTED: I DRAWJNG NUMBER SHEET NO. S1 AUGUST 16, 2016 J # 160775 JR SHEET1 OF1 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) /4b1 ~ Alzm,1 ~1£ [print name(s)] of ,111/S llX/J /k Re [print address] have ,_wv!:d t~~s for the proposed improvement or proposed use of the propert 2@1/'L lltf(!/} er..!:!£2 also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declar disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) improvement plans and that the proposed neighbor's project or use requires Council approval. ctetuYf lJ~tJJ!)it( ~ -:1.. s -2 01 rp Property Owner Date ti~ li~ g -::?..S"-:;?OI~ Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 o days prior to the scheduled meeting date. located at approval or ware of the Tk***************************1rlt*irlt*'lrlrk*****-lrlt********************1rl:'lr'k************************~'k-k1rlt*1rlt******1rlc ************** ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM l(we)_,_K14"+'-'--~li< ........ &~~~f/n----tf7lt _____ of %6q (A2C(} If & [print name(s)] [print address] ha~~1!eviewed WeA..Blans for the proposed improvement or proposed use of the prope 2/tqq_ C/5c1J ft~ also referred to as Land Use Application No. ___ _ located at I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to decla e approval or disapproval of he property or use but merely to confirm for the City Council that I (we) am (are aware of the improvement a at the proposed neighbor's project or use requires Council approval. ~ zv/2..a/6 Prope Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. Variance Application -May 2016 Page 13 LAND USE APPLICATION ESCROW AGREEMENT Application # / la -3 2 I,, I ,-.ih I\ ~ . AGREEMENT made this /1 day of ?~~· 20 {lo, by and ~etween the CITY OF ORONO, a Minnesota municipal corporation ("City'') and t)'1 & l'\. CAf:µ \h ... M [a corporation -optiona~ ("Owners"). Recitals 1. Owners have filed Zoning Application# /(p -0 ~/ formally requesting the City to review plans for a ~---........ -~----~------r----. ...... ..,....,.OT---located at the property addressed: . -'U:rf' CA\l,P 1n~~ R ijC O rt'V\I ( \AfJr11l (the "Subject Property") legally described as ~f I 3.R ~➔rt. ;g; eif:r:i_ 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish 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 Owners shall deposit$ 71Cj1)0,IO 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 Owners, reviewing the plans, and preparing agenda packet material for City Council review of application# \\.p -38'.:l11 I . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. Its: ______________ _ Internal Use Only: Cl Original to Finance Department Cl Copy to Zoning Fite Cl Copy to Street File Variance Application -May 2016 Page6 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 : 2649 CASCO POINT RD : 20-117-23-24-0029 : SPRING PARK : LOT 138 BLOCK 000 : ESCROW FEE -APPLICANT : RESIDENTIAL : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION 16-3861 II I Ill Ill Ill I II IIII II I IIIIII I Ill I IIII I Ill II 1111111111111111 *2016-00982* DATE ISSUED: 08/17/2016 APPLICANT KINDL, DUSTIN & CASIE 2649 CASCO PT RD WAYZATA, MN 55391- ESCROW FEE -APPLICANT TOTAL Payment(s) 2,500.00 2,500.00 OWNER KINDL, DUSTIN & CASIE 2649 CASCO PT RD WAYZATA, MN 55391- AGREEMENTANDSWORNSTATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date CHECK 8176 2,500.00 I I Issued By Signature Date