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HomeMy WebLinkAboutProject Packet------+H---------'tr'"_J_w~f1_'GGt:-~ ------------- 11 ~u_,fr ;Ut3 ~I ~---~------=------'-r~ Tb ~~CN ) B~~~~ 70 ~ f ,,_. I ~ t,_f:;v-tt:::_ / AJ'rb /'o---d-­ ----W-----44114(41::'.__~~~~J-5Lll._L-+-l--~--=---TV~~~~ ~ 1---0~ ----+H ----- .. ---__ ___.._, __ -~----------------------- ------------- CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ZONING FILE #02-2858 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 9, 2003 COPIES: DATE OF MEETING: December 8, 2003 VOTE: 5 FOR O AGAINST Motion: Adopt the resolution for denial of the after-the-fact variance request. In light of the fact that applicant has removed the deck violation ( confirmed by City staff on 12-8-03) and on the advise of the City Attorney, Council chose to merely adopt the variance denial resolution, as no formal withdrawal request has been received. A copy of the Resolution is attached for your records. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Planning Director Mike Gaffron at 952-249-4600. ORONO CITY COUNCIL MEETING MONDAY, DECEMBER 8, 2003 PUBLIC COMMENTS-Continued Mr. Tim asked why they weren't notified of the issue at the November 24 th meeting. Gaffron replied that a city-wide ordinance requires notice being published in the newspaper, and there was no requirement to notify individual residents. \,furphy stated there are plenty of residents who are happy with the ordinance, and the City can never please everyone. White stated that they want to keep commercial use in the commercial district. Most of Orono lives on small or narrow lots where they are affected by their neighbors. \Irs . Tim asked if they would be fined for continuing to use the truck. White stated they would not; that there is a 6-month transition period and staff would work with them in the meantime. ZOl'UNG ADMINISTRATOR'S REPORT . 6. #02-2858 Scott Standa, 2659 Casco Point Road-Variance--Resolution No. 5089 The applicant was not present. Gaffron stated that Bruce Vang informed him that the offending deck had been removed, and so the application was functionally withdrawn. They could deny the application to make a statement, or could .take no action. Barrett stated that the review period had been extended to December 241 \ and as they had no formal withdrawal from the applicant, Council should deny the application. He stated that if they took no action, and the applicant came back, it could be automatically approv ed by the lack of action. :Murphy asked if the resolution would be included in a file with the property so that any future owners would see that the City had denied an application for a deck. :\ltirphy moved, and White seconded, to adopt Resolution No. 5089 denying an after­ the-fact variance to Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78- 1279; and 78-1288 to retain the 8' x 12' deck adjacent to the boathouse, and requiring that the deck be removed by January 1, 2004, and requiring that the applicant take whatever reasonable measures may be required by the Orono Building Official to ensure the patio door access adjacent to the deck be left in a safe condition. Yote: Ayes 5, Nays 0. 8 Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Initial Expiration: 10-26-03 Review Period Extended on 10-24-03 to: 12-24-03 . REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gaffron ~~ Title: Planning Director 7 ,;1 ~ Date: December 4, 2003 Item No.: Agenda Section: Zoning Item Description: #02-2858 Scott Stand.a, 2659 Casco Point Road -Variance (After-the-Fact) -Resolution (Partial Approval or Denial) List of Exhibits (a) Resolution for Adoption (Qenial) (b) Notice of Council Action 12-1-03 ( c) Memo and Exhibits of 11-3-03 (1) Notice of Council Action 11-3-03 (2) Memo and Exhibits of 10-24-03: A -Resolution for Adoption ~artial Approval) B -Notice of PC Action 10/24/03 C -PC Draft Jvfinutes 10/20/03 D -Memo and Exhibits of 10/17 /03 This item was tabled on November 10 because the applicant was not present. Council was advised that Mrs. Standa indicated via voice mail on November 10 that the deck will be removed, and that they are moving and do not wish to pursue the application further. City staff inspected the site on December 4 and confirmed that the deck has not been removed. The property is for sale. The 60-day review deadline has already been extended once, and the 120-day review period runs out on December 2-4. Council action is necessary on December 8 to either grant partial approval of the deck per the Planning Commission recommendation, or deny the application. A 'partial approval' resolution is attached as Exhibit A of the October 24 memo. This resolution denies the 8' x 12' deck but allows a smaller 4' x 7' walkway to remain to service the existing patio door of the boathouse. A 'denial' resolution is attached as Exhibit (a) of this memo. This resolution is in line with the stated intent of the applicants, and requires total removal of the 8' x 12' deck. It requires removal of the deck by January 1, 2004 and modification or blocking of the patio door if the resulting distance to the ground exceeds Building Code standards for an access door. Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Initial Expiration: 10-26-03 Review Period Extended on 10-24-03 to: 12-24-03 , REQUEST FOR COUNCIL ACTION Department Approval: Name: Michael P. Gaffton Title: Planning Director Administrator Approval: Date: December 4, 2003 Item No.: Agenda Section: Zoning Item Description: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Resolution (Partial Approval or Denial) List of Exhibits (a) Resolution for Adoption (Denial) (b) Notice of Council Action 12-1-03 ( c) Memo and Exhibits of 11-3-03 (1) Notice of Council Action 11-3-03 (2) Memo and Exhibits of 10-24-03: A -Resolution for Adoption (Partial Approval) B -Notice of PC Action 10/24/03 C -PC Draft Minutes 10/20/03 D -Memo and Exhibits of 10/17 /03 This item was tabled on November 10 because the applicant was not present. Council was advised that Mrs. Standa indicated via voice mail on November 10 that the deck will be removed, and that they are moving and do not wish to pursue the application further. City staff inspected the site on December 4 and confirmed that the deck has not been removed. The property is for sale. The 60-day review deadline has already been extended once, and the 120-day review period runs out on December 24. Council action is necessary on December 8 to either grant partial approval of the deck per the Planning Commission recommendation, or deny the application. A 'partial approval' resolution is attached as Exhibit A of the October 24 memo. This resolution denies the 8' x 12' deck but allows a smaller 4' x 7' walkway to remain to service the existing patio door of the boathouse. A 'denial' resolution is attached as Exhibit (a) of this memo. This resolution is in line with the stated intent of the applicants, and requires total removal of the 8' x 12' deck. It requires removal of the deck by January 1, 2004 and modification or blocking of the patio door if the resulting distance to the ground exceeds Building Code standards for an access door. #02-2858: 2659 Casco Point Road December 4, 2003 Page 2 The applicants have been advised by mail of the December 8 meeting and have been given the opportunity to appear [ see Exhibit (b)]. As of this writing we have no word from the applicants as to their intent to appear. Because the deck remains in violation, with the legal application review period soon to expire, and the property being for sale, Council may wish to direct the City Attorney to take legal action immediately to ensure that the current owner remains liable for correcting the violation. Staff Recommendation Staff recommends adoption of the Denial Resolution. Staff recommends that the City Attorney be directed to commence whatever legal action is necessary to ensure that the sale of the property does not negate the City's ability to pursue correction of the violation. COUNCIL ACTION REQUESTED Adopt or amend the attached Denial Resolution, Exhibit (a). Direct the City Attorney to commence legal action as necessary to ensure that the sale of the property does not negate the City's ability to pursue correction of the violation. A RESOLUTION DENYING AN AFTER-THE-FACT VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 78-281(A) & (B); 78-282;78-1279; AND 78-1288 FILE NO. 02-2858 WHEREAS , Scott S. Standa and Irene S. Standa, husband and wife (hereinafter "the applicants"), are the owners of the property located at 2659 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 137 , Spring Park, Hennepin County , Minnesota ; (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for after-the­ fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282 ; 78-1279; and 78-1288 to allow the construction of an 8'x12' deck and stairway located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 1 foot of the side lot line where such structures are not normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota : FINDINGS 1. This application was reviewed as Zoning File #02-2858 . 2. The property is located in the LR-lC Lakeshore Residential Zoning District, which requires minimum lot area of0 .5 acres and minimum lot width of 100'. The lot has a defined width of 60' and is 0.29 acre in area . 3. The Planning Commission reviewed this application at a public hearing held on October 20 , 2003 and on a vote of 4-1 recommended partial approval of the after-the-fact variances to allow the partial reconstruction of the deck to leave a walkway 4' wide by 7' long with a 3' wide stairway to continue to serve the existing patio door . Page 1 of 3 4. On November 10, 2003 Mrs. Standa indicated to City staff via voicemail that they no longer wish to pursue the after-the-fact deck variance application, they have put the house up for sale and plan to move, and that they will remove the deck in its entirety. The communication did not include a date by which the applicants intend to have the deck removed. 5. The applicants have not removed the deck as of December 8, 2003. The only remaining opportunity for the City Council to take formal action on this variance application in compliance with the statutorily imposed 60-day/120-dayreview period regulations is December 8, 2003. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 7. The City Council finds that the deck was constructed in violation of a variety of zoning code sections, in a completely nonconforming manner, and without any apparent attempt on the part of the applicant to obtain a building permit. The plight of the property owner is due to the property owners action, and not a result of demonstrated hardships. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the requested after-the-fact variances to retain the 8'x12' deck adjacent to the boathouse, and hereby requires that such deck be removed no later than January 1, 2004. Applicant shall take whatever reasonable measures may be required by the Orono Building Official to ensure that the patio door access adjacent to the deck will be left in a safe condition. Page 2 of 3 Adopted by the Orono City Council on this 8th day of December, 2003. ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this_ day of _____ , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this_ day of _____ , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of3 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ZONING FILE #02-2858 NOTICE OF COUNCIL ACTION DATE OF NOTICE: December 1, 2003 COPIES: DATE OF MEETING: November 10, 2003 VOTE: 5 FOR O AGAINST Motion: To table because the applicant was not present. Council was advised that Mrs. Standa indicated via voice mail on November 10 that the deck will be removed because you are moving and do not wish to pursue the application further. City staff will inspect the site the week of December 1-5 to confirm that the deck has been removed. If it has not been removed, the Council will be asked to adopt a resolution at their December 8 meeting, denying the request and directing that the deck be removed. If the deck is still in place, you have the option of appearing in front of the Council to discuss the Planning Commission's recommendation for a reduced deck. Applicant's next scheduled meeting (tentative, pending confirmation of deck removal) is confirmed as: City Council -Monday, December 8, 2003; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Planning Director Mike Gaffron at 952-249-4600. Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Initial Expiration: 10-26-03 Review Period Extended on 10-24-03 to: 12-24-03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval: Date: November 3, 2003 Item No.: Agenda Section: Zoning Item Description: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Resolution List of Exhibits 1 -Notice of Council Action 11-3-03 2 -Memo and Exhibits of 10-24-03: A -Resolution B -Notice of PC Action 10/24/03 C -PC Draft Minutes 10/20/03 D -Memo and Exhibits of 10/17 /03 This item was tabled on October 2 7 because the applicant was not present. Please refer to the Memo and Exhibits of 10-24-03. CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: October 27, 2003 ZONING FILE #02-2858 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 3, 2003 COPIES: VOTE: 4 FOR O AGAINST Motion: To table because the applicant was not present. Applicant's next scheduled meeting is confirmed as: City Council -Monday, November 10, 2003; meeting starts at 7:00 p.m. If you cannot be in attendance, please send a representative or contact City staff to re-schedule. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Planning Director Mike Gaffron at 952-249-4600. Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Expires: 10-26-03 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael p. Gaffron lln L'~{ Title: Planning Director Vfl U~ Date: October 24, 2003 ItemNo.: S' Agenda Section: Zoning Item Description: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Resolution List of Exhibits A -Resolution B -Notice of PC Action 10/24/03 C -PC Draft Minutes 10/20/03 D -Memo and Exhibits of 10/17 /03 Application Summary: Applicant requests after-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out over the shoreline ( cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Staff Recommendation: Staff recommends partial approval per the Planning Commission recommendation. Zoning District: Lot Area: LR-IC Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Planning Commission Recommendation The Planning Commission reviewed this item at their October 20 meeting and on a vote of 4-1 recommended partial approval as follows: 1. Deck as reconstructed is not approved. Applicant to remove the 8'xl2' deck, but will be allowed to replace it with a 4'x7' walkway with 3' wide stairway to grade. #02-2858 2659 Casco Point Road October 24, 2003 Page2 2. Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house Concrete slab adjacent to accessory building Fabric and plastic liner from all landscape areas (132 s.f. ±) (208 s.f.) (235 s.f.) 3. Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of structural repair allowable for such structures. 4. Applicant is advised that replacement of the stairways providing access to the lake is allowed but will require building permits at the time such activity is commenced. Staff Recommendation Staff recommends partial approval per the Planning Commission recommendation. Applicant paid the after-the-fact fee for the zoning application, and must obtain a standard-fee building permit for the 4'x7' walkway to replace the deck. Staff is recommending that deck and hardcover removals be required to be completed by June 15, 2004; a permit for the 4x7' walkway would have to be obtained no later than October 27, 2004. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION DENYING AN AFTER-THE-FACT VARIANCE AND GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-28l(A) & (B); 78-282;78-1279; AND 78-1288 FILE NO. 02-2858 WHEREAS, Scott S. Standa and Irene S. Standa, husband and wife (hereinafter "the applicants"), are the owners of the property located at 2659 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 137, Spring Park, Hennepin County, Minnesota; (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for after-the­ fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction of an 8'xl2' deck and stairway located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 1 foot of the side lot line where such structures are not normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2858 . 2 . The property is located in the LR-lC Lakeshore Residential Zoning District, which requires minimum lot area of 0.5 acres and minimum lot width of 100'. The lot has a defined width of 60' and is 0.29 acre in area. 3. The Planning Commission reviewed this application at a public hearing held on October 20, 2003 and on a vote of 4-1 recommended partial approval of the after-the-fact variances per the following findings: Page 1 of 6 a) A deck in deteriorated condition existed at the lake side of the accessory boathouse building prior to applicants' construction of a new 8'x12' replacement deck in April 2001. Based on a picture provided by the applicants, the old deck was apparently somewhat smaller than the new deck. b) The new 8'x12' deck was constructed within one foot of the side lot line and at the shoreline, a portion of said deck extending lakeward of the OHWL of Lake Minnetonka. The structure is also lakeward of the average setback line and constitutes hardcover in the 0-75' zone. c) The new deck would likely not have been approved had the applicants attempted to obtain the required permit and variances prior to construction of the new deck. However, the boathouse does contain an existing doorway which should be provided with a minimal walkway to grade for safety and functionality reasons. d) In addition to the boathouse and new deck, existing hardcover in the 0-75' zone includes retaining walls, stairways and landings which are necessary to maintain the steep slopes and provide access to the lake. The 0-75' zone also contains a 208 s.f concrete slab which serves no specific purpose and which the applicants have agreed to remove to reduce the excessive hardcover on the property. The applicants have also agreed to removal of a sidewalk and all fabric/plastic landscape bed liners in the 75-250' zone. f) The average lakeshore setback encroachment by a replacement 4'x7' walkway will have no impact on views of the lake enjoyed by the adjacent property owners. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 2 of 6 convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the after-the-fact variances to retain an 8'xl2' deck adjacent to the boathouse, but grants variances to Orono Municipal Zoning Code Sections 78-281 (A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction ofa 4'x7' walkway and 3' wide stairway to grade, located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 2 feet of the side lot line where such structures are not normally allowed, subject to the following conditions: 1. Council approval is based on the survey/site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any changes from the approved site plan which are not in conformity with this approval or City requirements will require further Planning Commission and City Council review. 2. The following hardcover removals are required: (0-75 zone) Concrete slab adjacent to accessory building (208 s.f.) (75-250' zone) Concrete sidewalk at north side of house (132 s.f. ±) (75-250' zone) Fabric and plastic liner from all landscape areas (235 s.f.) The above hardcover removals shall be completed no later than June 15, 2004. 3. Hardcover on the property shall not henceforth exceed the limits as noted in this resolution and as noted on Exhibit A. Applicants are advised that any future proposals for additional hardcover on the property will likely not be approved, but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 4. Applicants are placed on notice that the 4'x7 walkway and accessory boathouse building are nonconforming structures and subject to the pertinent ordinances limiting the degree of future structural repair allowable for such structures. Page 3 of6 5. Applicants are advised that replacement of the existing stairways in the 0-75' zone providing access to the lake is allowed but will require building permits at the time such activity is commenced. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (December 8, 2004). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of December, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_ day of _____ , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this_ day of _____ , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of _______ , 2003 by Scott S. Standa, husband of Irene S. Standa. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of _______ , 2003 by Irene S. Standa, wife of Scott S. Standa. Notary Public Page 6 of 6 ~ -aoatb.ouse Retaining W a\\s Stone-Walk stone & Wood. -p,orders "New wa\KWaY and ste-ps (Ll;1,.1-p\US Ji.A) ~ uouse sned p,JC Loose stones uetacb.ed garage 1,\acktO-P concrete ai'ron J.. 30: 261 s.f- 81 s.f. T\s.l· 21 s.f, AO s.f ;;;::;. / 4580 ~ 10.1% 1s24 s.f. 14 s.f. 6 s.f. 40 s.f. 453s.f. 211 s.f. 39 s.f. ss s.f. 363 s.f. $tone walk (baclcYatc1) conc.fbrick incl-stooP Deck & stel)S 425 s.f. 4'3 s.f- 3334 s.f. / s235 ,=:;. 40.5% RRtieS S 79000' 00" E M 79000' 00" W ~ .. } ! t1 165.15 £.t\S1\NG \-\O\JSt. #2659 ~ 'i,t--\ \ e. '-.1"' " '(2.£"~ ~ µ.A-11ot'J tJo. ----- -······~·-·· ····-~ ! ~ t:) ~ l 0 lh I"") 0 cici (0 (0 ~ .. -0 s1ot£. .. •··········· WAL'-s.,_ 0 ... ) v N 0 0 ~ (/) 66 I 0 ~ 0 D ill ~ D 66 ORONO CITY COUNCIL MEETING MONDAY, NOVEMBER 10, 2003 (PUBLIC COMMENTS, Continued) Mr. De Veau stated that he appreciated the work being done to improve Stubbs Bay. He used to be in the aerator business, and suggested that interested residents could hang aerators off the end of their docks. ZONING ADMINISTRATOR'S REPORT 7. #02-2858 Scott Standa, 2659 Casco Point Road-Variance (After-the-Fact) Gaffron stated that Mrs. Standa had called him to say no one would attend the meeting. They are planning to move and now propose to remove the offending deck on the boathouse. He told her to let them kno w when it's removed so they can inspect it and make sure the boathouse is safe. He suggested Council table the item. White moved, and Mayor Peterson se-conded, to table Item 7, #02-2858, Scott Standa, 2659 Casco Point Road. Vote: Ayes 5, Nays 0. 8. Joint Use Dock License-Minnetonka Power Squadron-Resolution No. 5075 Sansevere stated he would have put item 8 on Consent, only he is on the Power Squadron. McMillan moved, and White seconded, to adopt Resolution No. 5075 directing staff to issue a joint use dock license to Minnetonka Power Squadron for the period of January 1, 2003 to December 31, 2003. Vote: Ayes 4, Nays O, Abstain 1 (Sansevere ). MAYOR/COUNCIL REPORT Sansevere stated that regarding the scholarships they are giving, Council could each write out two separate checks for S125 at the next meeting for the schools. Murphy offered his compliments to Ann Wilbur for her Sun Sailor piece. White also complimented her. Murphy stated that he had talked to O'Keefe on Thursday and they should get the official response letter from Mn/DOT soon regarding Highway 12. They are still on margin with Ames Construction. They want them to finish up the work they promised for the fall, then to meet in the winter to plan progress for 2004. They want to move dirt without closing more roads than necessary. 13 of 16 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: October 27, 2003 ZONING FILE #02-2858 NOTICE OF COUNCIL ACTION DATE OF NOTICE: November 3, 2003 COPIES: VOTE: 4 FOR O AGAINST Motion: To table because the applicant was not present. Applicant's next scheduled meeting is confirmed as: City Council -Monday, November 10, 2003; meeting starts at 7:00 p.m. If you cannot be in attendance, please send a representative or contact City staff to re-schedule. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have any questions, please contact Planning Director Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 27, 2003 7 :00 o'clock p.m. ZONING ADMINISTRATOR'S REPORT 5. #02-2858 SCOTT ST ANDA, 2659 CASCO POINT ROAD -V ARLL\NCE (AFTER-THE-FACT) As the applicant was not present, the City Council chose to table the application for further discussion. Acting Mayor Sansevere moved, Murphy seconded, to table Application #02-2858, Scott Standa , 2659 Casco Point Road, for later discussion. VOTE: Ayes 4, Nays 0. · *6. #02-2873 CITY OF ORONO -2000-2020 COMPREHEI\'SIVE PL~L\N Al\ilENDMENT #1 -OLD LONG LAKE ROAD MUSA-RISOLlJTION 1\'O. 5063 l\'Iurphy moved, \,Vhite seconded, to adopt RESOLUTION 1\'O. 5063, a Resolution approving Amendment No. 1 of the 2000-2020 City of Orono Community l\'lanagement Plan, adding certain properties along Old Long Lake Road to the defined· Metropolitan Urban Service Area. VOTE: Ayes 4, 1\'ays 0 . . 7. #03-2929 JEFF MARTINEAU, 2565 NORTH SHORE DRIVE -CONDITIONAL USE PERMIT-RESOLUTION NO. 5064 Gaffron explained that the applicant requests a Conditional Use Permit for plumbing in an accessory structure, to allow installation of a half bath (toilet, sink, and shower) in a proposed detached garage with upper level exercise and sitting room. The applicant has agreed to concurrent hardcover removals so that the property will remain in hardcover compliance after construction of the new accessory building. Gaffron noted that the applicant has also agreed to eliminate the initially proposed kitchenette so that this will not have the potential to function as a guest house . Gaffron indicated that staff recommends approval of the CUP for plumbing in an accessory structure, subject to elimination of the kitchenette from the proposal, and subject to the standard code restrictions on use of the structure: -cannot be used for a home occupation unless allowed by home occupation ordinances -cannot be used as a dwelling unit unless Guest house CUP is obtained -cannot be rented, leased, or otherwise provided for use as d,,-elling Furthermore, Gaffron stated that staff would recommend concurrent removals of excess hardcover be required as proposed , to result in a final hardcover not exceeding the site's hardcover allotment of 7530 s.f. for the area between 0-250 '. \,Vhite moved , Acting Mayor Sansevere seconded, to adopt RISOLlTTION l'iO. 5064, a Resolution granting a Conditional Use Permit for plumbing in an accessory structure, subject to the elimination of the kitchenette from the proposal, to the PAGE 5 of 16 Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Expires: 10-26-03 REQUEST FOR COUNCIL ACTION Department Approval: Name: Michael P. Gaffro Title: Planning Director Administrator Approval: Date: October 24, 2003 ltemNo.: S Agenda Section: Zoning Item Description: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Resolution List of Exhibits A -Resolution B -Notice of PC Action 10/24/03 C -PC Draft Minutes 10/20/03 D -Memo and Exhibits of 10/17 /03 Application Summary: Applicant requests after-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out over the shoreline ( cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Staff Recommendation: Staff recommends partial approval per the Planning Commission recommendation. Zoning District: Lot Area: LR-1 C Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Planning Commission Recommendation The Planning Commission reviewed this item at their October 20 meeting and on a vote of 4-1 recommended partial approval as follows: 1. Deck as reconstructed is not approved. Applicant to remove the 8'x12' deck, but will be allowed to replace it with a 4'x7' walkway with 3' wide stairway to grade. #02-2858 2659 Casco Point Road October 24, 2003 Page2 2. Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house Concrete slab adjacent to accessory building Fabric and plastic liner from all landscape areas (132 s.f. ±) (208 s.f.) (235 s.f.) 3. Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of structural repair allowable for such structures. 4. Applicant is advised that replacement of the stairways providing access to the lake is allowed but will require building permits at the time such activity is commenced. Staff Recommendation Staff recommends partial approval per the Planning Commission recommendation. Applicant paid the after-the-fact fee for the zoning application, and must obtain a standard-fee building permit for the 4'x7' walkway to replace the deck. Staff is recommending that deck and hardcover removals be required to be completed by June 15, 2004; a permit for the 4x7' walkway would have to be obtained no later than October 27, 2004. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION DENYING AN AFTER-THE-FACT VARIANCE AND GRANTING CERTAIN VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-281(A) & (B); 78-282;78-1279; AND 78-1288 FILE NO. 02-2858 WHEREAS, Scott S. Standa and Irene S. Standa, husband and wife (hereinafter "the applicants"), are the owners of the property located at 2659 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 137, Spring Park, Hennepin County, Minnesota; (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for after-the­ fact variances to Orono Municipal Zoning Code Sections 78-281(A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction of a 8'x12' deck and stairway located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 1 foot of the side lot line where such structures are not normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2858. 2. The property is located in the LR-1 C Lakeshore Residential Zoning District, which requires minimum lot area of 0.5 acres and minimum lot width of 100'. The lot has a defined width of 60' and is 0.29 acre in area. 3. The Planning Commission initially reviewed this application at a public hearing held on October 20, 2003 and on a vote of 4-1 recommended partial approval of the after-the-fact variances per the following findings: Page 1 of 6 a) A deck in deteriorated condition existed at the lake side of the accessory boathouse building prior to applicant's construction of a new 8'x12' replacement deck in April 2001. Based on a picture provided by the applicant, the old deck was apparently somewhat smaller than the new deck. b) The new 8'xl2' deck was constructed within one foot of the side lot line and at the shoreline, a portion of said deck extending lakeward of the OHWL of Lake Minnetonka. The structure is also lakeward of the average setback line and constitutes hardcover in the 0-75' zone. c) The new deck would likely not have been approved had the applicant attempted to obtain the required permit and variances prior to construction of the new deck. However, the boathouse does contain an existing doorway which should be provided with a minimal walkway to grade for safety and functionality reasons. d) In addition to the boathouse and new deck, existing hardcover in the 0-75' zone includes retaining walls, stairways and landings which are necessary to maintain the steep slopes and provide access to the lake. The 0-75' zone also contains a 208 s.f concrete slab which serves no specific purpose and which the applicant has agreed to remove to reduce the excessive hardcover on the property. The applicant has also agreed to removal of a sidewalk and all fabric/plastic landscape bed liners in the 75-250' zone. f) The average lakeshore setback encroachment by a replacement 4'x7' walkway will have no impact on views of the lake enjoyed by the adjacent property owners. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 2 of 6 convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the after-the-fact variances to retain an 8'xl2' deck adjacent to the boathouse, but grants variances toOronoMunicipalZoningCode Sections 78-281(A) &(B); 78-282; 78-1279; and 78-1288 to allow the construction of a 4'x7' walkway and 3' wide stairway to grade, located within 75' of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 2 feet of the side lot line where such structures are not normally allowed, subject to the following conditions: 1. Council approval is based on the survey/site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any changes from the approved site plan which are not in conformity with this approval or City requirements will require further Planning Commission and City Council review. 2. The following hardcover removals are required: (0-75 zone) Concrete slab adjacent to accessory building (208 s.f.) (75-250' zone) Concrete sidewalk at north side of house (132 s.f. ±) (75-250' zone) Fabric and plastic liner from all landscape areas (235 s.f.) The above hardcover removals shall be completed no later than June 15, 2004. 3. Hardcover on the property shall not henceforth exceed the limits as noted in this resolution and as noted on Exhibit A. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved, but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 4. Applicant is placed on notice that the 4'x7 walkway and accessory boathouse building are nonconforming structures and subject to the pertinent ordinances limiting the degree of future structural repair allowable for such structures. Page 3 of 6 5. Applicant is advised that replacement of the existing stairways in the 0-75' zone providing access to the lake is allowed but will require building permits at the time such activity is commenced. 6. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (October 27, 2004). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants has read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and their heirs, successors and assigns, hereby agree to the recording ofthis resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of October, 2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner( s) Page 4 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_ day of ____ ., 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this_ day of ____ , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this __ day of _______ , 2003 by Scott S. Standa, husband of Irene S. Standa. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this __ day of _______ , 2003 by Irene S. Standa, wife of Scott S. Standa. Notary Public Page 6 of 6 ).. l- =""a.,,.IX 929.4 coN10UR uNE:···········• .......... . ~ 13oatho\l.se Retaining Walls Stone Walk Stone & ,Wood 130-rders NeW wa\if:Wa-Y and ste-ps (A-x.'7 -p\us -:,x.4) ~ n.ouse Shed pJC Loose stones Detached garage 13\ac\dOP concrete a-pron Stone walk (bac\cya-rd) conc.fbrick inc\. stool' ueck&steps RRttes 1s2A s.f. 14 s.f- 6 s.f, 40 s.f- 453 s.f. 211 s.f, 39 s.f­ S5 s.f. 363 s.f. 425 s.f. 48 s.f- 3334 s.f. I s235 ,=;;. 40.5% S 79000' 00" E 165.15 £.t\S1\NG r\OUSt. fl.659 ~ ~ i 0 81 1'00 cici c.o c.o 3: --0 0 -,q-- N 0 0 - 66 I 0 0-t 0 D m <!! D 66 ZONING FILE #02-2858 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 24, 2003 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: October 20, 2003 Planning Commission recommended as follows: Partial approval per the following conditions: COPIES: 1. Deck as reconstructed is not approved. Applicant to remove the 8'x12' deck, but will be allowed to replace it with a 4'x7' walkway with 3' wide stairway to grade. 2. Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house. Concrete slab adjacent to accessory building Fabric and plastic liner from all landscape areas. 3. Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of structural repair allowable for such structures. 4. Applicant is advised that replacement of the stairways providing access to the lake is allowed but will require building permits at the time such activity is commenced. VOTE: 4 FOR 1 AGAINST Applicant's next scheduled meeting is confirmed as: City Council -Monday, October 27, 2003; meeting starts at 7:00 p.m. Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of submittal of a complete application, and that this review period may be extended by notification to the applicant. Your application was considered as complete on August 26, 2003 and the 60-day review period would end on October 26, 2003. However, because the earliest potential date of final Council action falls after the 60-day period ends, the 60-day review period is hereby extended an additional 60 days to December 24, 2003. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. 3. Ap};lrnval of the hardcover variance. 4. Re~hfal of all plastic and fabric landscape liner in planting beds. \" \ ,, \ D Hawn believed ·~~e entire project constituted a rebuild, pointing out that there)§ an abundance of hard~~ver on the site. She urged the Commission and staff to fin/ further reductions in hardco~~l\ / \ F \ ' ,,,,,,,,\~~ While the applicant has voib~~~ered to remove portions of the dri/ ay, Foth stated that further removals from the drl~eway would leave the homeo ners with little usable driveway space. \" ,,f .•' //" J ~lef' /P//· Rahn asked if changes to ceiling heights\'v,ould be IJJ,afl~ to the first or second floors. \. J' \ a? \_\,;,:,/$'" "ff Mr. Tripp stated there were no changes to Jl1os~ levels and further volunteered to remove ,/~ "\ if' \. /~/~ ~\-1," ,194 some wooden steps on the site. ,,/"" "\, ,?'✓ \\, f " Foth stated that the removal of tMf steps would constitut~,an additional 128 s.f. # \ / ' / ' /jt',,JV '\_"\_\ While she wished for ti<ither reductions, Hawn acknowledgecf'{he applicant had done Mis ? ~ best to find the curr~fu removals and she could accept these. ,,:cf~· ;:>'/' f ''cs\" "",:;10, \,,, ,, \ ~ ~ Hawn movj!d, Rahn seconded, to recommend approval of Applicati<ik\ #03-2953, Greg \ Tripp; 3229C Casco Circle, granting the average lakeshore setback, ~dcover, and lake.;setback variances in order to change the roof line and pitch of th' roof, add , ' gormers, and aesthetically improve the design, subject to the removal of all l 0 ~h{!scape / ' / /plastic and liners, as well as, removal of the side wood walkway. VOTE: Ayes 5, N, s Q . (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, VARIAN CE, 6:13 - 6:43 P.M. Page 3 of 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETNG Monday, October 20, 2003 6:00 o'clock p.m. Scott Standa, the Applicant, was present. Gaffron explained that the applicant was requesting after-the-fact hardcover and setback variances to allow the reconstruction of a rotten deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out o,·er the shoreline (cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback Gaffron noted that the deck that was replaced was attached to a 12'x22' accessory building located 5' from the shoreline and nearly abutting the side lot line. The accessory building has been there for many years and has apparently been maintained :in relatively good condition. Gaffron asked the Planning Commission to consider 5 key issues: 1. Would the Planning Commission have recommended approval for the replacement of this deck had the application been made before the fact? 2. Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8' deep prior to its replacement? 3. The property has excessive hardcover in both the 0-75' and 75-250' zones. Is there any hardcover on the site that should be considered for removal if the application· is approved? The surveyor identified 235 s.f. of landscape areas lined ,..,,ith plastic or fabric that are not included in the hardcover calculations and would be subject to removal if the application is approved ... Page 4 of 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. 4. Applicant paid the after-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a permit to replace an existing deck on the property ... 5. Does Planning Commission have any other issues or concerns with this application? Gaffron indicated that staff recommends denial of the application. In staffs opinion, if this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved. He noted that the apparent expansion of the deck from a depth of 6' to 8' would certainly not have been approved. Gaffron maintained that, while the fact that the approval process has cost the property owner more than the project itself is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact. Maintenance and/or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono's 40 miles of Lake Minnetonka shoreline. Gaffron stated that the Planning Commission may wish to consider whether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted, Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. Chair Smith asked if staff had recommended to the applicant that he consider a lockbox. Page 5 of 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. Gaffron indicated that the discussion had not pursued that far, since it was the applicant's intent to keep what he had. Mr. Standa volunteered to make additional removals of hardcover on the property, including the concrete slab behind the accessory structure, sidewalk along side of the home to the accessory building, and repair or removal of the crumbling lake access steps. Mabusth recommended the lake access steps be replaced for safety sake, since the lot is a steep lake lot. Mr. Standa pointed out that the retaining walls would also be in need of repair in the near future. Hawn questioned the necessity of the fire pit and flagpole. Mr. Standa indicated that he would prefer to keep both his flagpole and fire pit; however, if it was mandated he could remove the fire pit. Mabusth questioned whether the LMCD would have an issue with the structure protruding over the water. Gaffron stated that the LMCD may want to look at it if the posts are at or below the OHWL. If this application had come before the Commission before the fact, Mabusth asked the Commission what they would have allowed. She noted that she would have asked for the removal of the slab. Hawn questioned whether they would have approved a deck on an accessory structure, and an even bigger deck than previously attached to this nonconforming structure. She asked whether it was the Commission's intent to do away with these structures altogether. Hawn Page 6 of 41 MTh LITES OF THE ORONO PLANNIKG COMMISSION MEETING Monday, October 20, 2003 6:00 o'clockp.m. asked what record the City has of the previous deck size. While he felt that he probably would not have allowed it, Rahn stated that it was not out of character of what is currently in the neighborhood. Mr. Standa stated that the deck has always been on the structure. Gaffron agreed that, to everyone's knowledge, the deck had always been there. He noted that research could be done to find the original paper.York. Rahn maintained that the cantilevered portion was new, and asked the applicant consider a straight replacement, without the cantileYer, and minimum landing. Mr. Standa stated that he would like a deck to allo\Y for safe exit from the sliding doors that have always been there as well. There was no public comment. Fritzler suggested the applicant remove the sliding doors and replace them with a solid window. Mabusth stated that she believed the applicant should be allowed some kind of access platform out of the doors, for safety sake, adding that a second exit is beneficial. Rahn noted that two accesses are not mandatory. In light of the removals, Mabusth stated that she felt a -4-' platform was a fair compromise. Hawn questioned whether the deck and'or structure could be moved further than 1' from the property line. Page 7 of 41 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. Mr. Standa pointed out that the entire boathouse is just one foot off the line and has always been that way. Mabusth acknowledged that many of the boathouses in the neighborhood are the same way. She reminded the applicant that the City does not approve of major structural repairs to nonconforming structures such as this. Mr. Standa asked how the storm of 1998, which damaged several boathouses in the area, impacted this policy. He questioned if the precedent had already been set allowing the repair of these structures due to 'acts of god', and reasoned that soil erosion etc. are also 'acts of god'. While catastrophic events are exempt, Gaffron reiterated that the code limits structural repair. He indicated that painting, new siding, and roofing are allowable repairs. Mabusth stated that she felt a 4' landing was reasonable. Gaffron asked for further clarification, whether the deck was to be 4'X4' with 3' wide access steps. Aesthetically, Rahn indicated that the deck should run the entire length of the patio doors, which are approximately 6'. He suggested the Commission approve a 7'X4' deck and access stairs 3' wide to the ground. Mabusth and Chair Smith concurred. Fritzler disagreed, stating that one exit should be sufficient and the doors should be replaced by a window. Page 8 of 41 / MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. Gaffron reviewed the recommendation, which included the removal of the concrete slab fabric, and sidewalk along the side of the home, reconstruction of the lake path and retaining walls to be permitted for at a later date, and the fire pit and flagpole allowed remammg. Chair Smith asked if this was acceptable to the applicant. Mr. Standa agreed. Mabusth moved, Rahn seconded, recommending approval of Application #03-2858, Scott Standa, 2659 Casco Point Road, granting after-the-fact variance approval for the reconstruction of a 4'X7' deck and 3' wide access stairs to the accessory structure, subject to the removal of the concrete slab, sidewalk along the side of the residence, and all landscape plastic prior to the final inspection; Duly noting that the structure is considered a nonconforming structure and limited structural repair is allowed. VOTE: Ayes 4, Nays 1, Fritzler dissenting. Fritzler stated that he neither supported the work being proposed to the nonconforming structure nor could support the after-the-fact request. 7:40 P.M. '·', 3607 SHOREL7RIVE, V ARL.\NCE, 6:43 - '\, ✓/ Stevan Wagner, the Applicant, and No~ Whi~he Architect, were present. Foth reported that the applicant has s~~,m''itted an ap ication for a building expansion an~ remodel in the B-1 Zoning DistricVAs per City Code S · n 78-642 any application for a commercial building permit p~pts a site review by the Pl~~~•,-,, Commission and City I' Council. The applicant has ~equested the following: 1) Commercial site plan review in order to obtain a building permit to remodel and Page 9 of 41 Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Expires: 10-26-03 To: Chair Smith and Planning Commissioners Ron Moorse, City Administrator From: Date: Mike Gaffron, Planning Director~ October 17, 2003 Subject: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Public Hearing Zoning District: Lot Area: LR-lC Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Application Summary: Applicant requests after-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out over the shoreline ( cantilevered 2-3' past the OHWL). 2. Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Staff Recommendation: Staff recommends denial. If this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would likely not have been approved, in staffs opinion. List of Exhibits A -Application B -Letter of Request 11/4/02 C -Existing & Proposed Survey/Site Plan D -Submitted Deck Plans E -Submitted Hardcover Calculations Background F -Correspondence 2001-2003 G-Photos H -Property Owners List I-Neighbor Acknowledgement Form J -Plat map In June 2001 Building Inspector Marc Davis found that the deck adjacent to the lakeshore accessory building had been replaced, and he advised the owner that a permit was needed for such work. In July 2001 the owner applied for a building permit and was advised that because the work was within 75' of the shoreline a permit could not be issued and it would have to be removed or a variance application would have to be filed to see if Council would allow it to remain. · On August 14, 2001 the owner filed an incomplete variance application, lacking most of the necessary information to process it. This matter remained as an open violation file and the next communication between applicant and City was in October 2002, which resulted in a new variance application being filed in December 2002, but still lacking an up-to-date survey. After a flurry of discussion between City and applicant in May/June 2003, a survey was submitted and the application considered as complete in late August 2003. #02-2858 -2659 Casco Point Road October 17, 2003 Page 2 LOT ANALYSIS WORKSHEET Lot Area/Width: LR-lC Lot Area Required 21,780 s.f. (0.5 acre) Lot Width 100' Actual 12,815 s.f. (0.29 acre) 60' Deck Setbacks: LR-lC Required Existing Lakeshore 75' O' Rear (Street) NA NA North Side 10' <1' Right Side 10' 48' Average Lakeshore (No Encroachment Allowed) approx. 75' Structural Covera2e: Total Lot Area Total Structural Coverage Proposed O' NA <1' 48' approx. 75' 12,815 s.f. (0.29 ac.) Allowed: 1,922 s.f. (15%) Existing/Proposed: 2,743 s.f. (21.4%)* *Deck in question does not constitute lot coverage as it is not 6' above grade. Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75' 4,580 s.f. 0 s.f. 744 s.f. 744 s.f. (0 %) (16.24 %) (16.24 %) . 75-250' 8,235 s.f. 2,056 s.f. 3,466 s.f.* 3,466 s.f.* (25 %) (42.1 %) (42.1 %) * After exclusion of fabric or plastic-lined landscape beds #02-2858 -2659 Casco Point Road October 17, 2003 Page3 Deck Nonconformities The deck that was replaced is attached to a l 2'x22' accessory building located 5' from the shoreline and nearly abutting the side lot line. The accessory building has been there for many years and has apparently been maintained in relatively good condition. The deck extending from the end of the building towards the shore was replaced by the applicant in April 2001, per applicant's statement, because the old deck was rotting away. The City has no record of the pre-existing deck, either on old surveys or in the assessors records. The January 1992 photo submitted by the applicant shows a deck at this location, although the deck in that picture appears to be not as deep as the new deck, and is perhaps 6' x 12' rather than 8' x 12'. The old deck had posts at the perimeter, the new deck is cantilevered 2' past the posts, and extends over the water. The deck is located less than one foot from the side lot line. City code would generally not allow an accessory deck with a railing to be less than 10' from a side lot line. The neighbors have indicated they are aware of the construction. The deck as it exists today comprises approximately 100 s.f. of hardcover including the steps to it. Part of this hardcover is over the lake. City code allows no hardcover or structures within 75' of the shoreline, except for one 4' wide stairway; a lift; landings of no greater than 32 s.f.; and lock boxes. Total existing hardcover in the applicants 0-75' zone is 16.24%, consisting of: Accessory Building 22.1' x 12.1' Concrete slab adjacent to building (Approx 12x18) Retaining Walls Stone walkway and landing Deck at shore incl steps (portion over land) Stone & wood borders Hardship Statement 267 s.f. 208 s.f. 87 s.f. 71 s.f. 84 s.f. 27 s.f. 749 s.f. I 4580 = 16.24% Applicant has provided a hardship statement in his letter of request (Exhibit B), and should be asked for his additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. #02-2858 -2659 Casco Point Road October 17, 2003 Page4 Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property can be used reasonably if the variances are denied. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The only unique circumstance is that a nonconfomzing deck was replaced without the proper prior approvals. 3. "The variance, if granted, will not alter the essential character of the locality." The variance will have little impact on the character of the locality, but will not be in keeping with City goals for lakeshore properties. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." While economics have not been cited by applicant as a hardship, applicant has expressed to staff his frustration with the approval process costing more than the project itself. 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." Not applicable. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not Applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The zoning code limiting the use of lakeshore property applies to neighboring properties. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The zoning code limitations apply to all properties within the Shore/and Overlay District. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property owner does not have an inherent right to replace in kind a nonconforming structure when it has reached the end of its useful life. #02-2858 -2659 Casco Point Road October 17, 2003 Page 5 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the variances would be in conflict with the intent of the Zoning Code, the intent of which is that no new structures be allowed within 75' of the shoreline, and that existing non-conforming structures eventually are removed by attrition .. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." It is staff's opinion that granting of the after-the-fact variances would merely serve as a convenience to the applicant. Issues for Consideration 1. Would the Planning Commission have recommended approval for the replacement of this deck had the application been made before the fact? 2. Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8' deep prior to its replacement? 3. The property has excessive hardcover in both the 0-75' and 75-250' zones. Is there any hardcover on the site that should be considered for removal if the application is approved? The surveyor has identified 235 s.f. oflandscape areas lined with plastic or fabric that are not included in the hardcover calculations on p. 2 and would be subject to removal if the application is approved ... 4. Applicant paid the after-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a permit to replace an existing deck on the property ... 5. Does Planning Commission have any other issues or concerns with this application? Staff Recommendation Staff recommends denial of the application. If this reconstruction had been applied for before-the­ fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved, in staffs opinion. The apparent expansion of the deck from a depth of 6' to 8' would certainly not have been approved. The fact that the approval process has cost the property owner more than the project is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact. Maintenance and/or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono's 40 miles of Lake Minnetonka shoreline. The Planning Commission may wish to consider whether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted, Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Application# O:)._ -d-[5<3 Date Received I a -iQ • Qc;l Amount Paid~. Oo/ Site Address S-'1 P-.. 1, o, A S-S J q I Property Identification Number (P.I.D.) 2 o -//7-2 J-3 -0 O l l. Attach legal description to application if not included on required survey. Date Pr~cquired ____ q~\ ~B~r-" ____________ (month/year) I (do) ~lso own the adjacent parcels of land. Present use of property: _iLresidential __ other (specify) _________ _ Zoning District:__,.L=R~-__,\=C=--------------------- APPLICANT -~ r Name Jc111Tv,,o...,,0,q Address: · 2 &S7 C,, c,A /J-r. R,I. O\VNER (if different than applicant) Name Phone (home) 9.r 2-V71-!<177 Phone (work) 9.rz -v "7f>-,s 7£. City: Wby2~ra Zip: s-,r.Jy/ Phone (home) _______ _ ----------------Phone (work) _______ _ Address: -------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost S 9CJc1, PtJ Describe request . e ~ V' I Ot:. ~ L? cl C-<.:-le (1 I\, 3 0 t:>:[ k' •I.)£ -'I ~()I)/, "Ac:(., (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot ·width Hardcover Setback: Front Side Rear __ Lot Coverage Average Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance Vlith Zoning Code requirements: NO IV e. -t5f2.' r' l.e < L L f' r;✓ r;v I J'c-'/ /3 I-' ;::, -T j, G i-1./ ,:_ cle L-kc .r J:) HJ <-DI' Mi(' ,u j • .., ,q..J Cl I cL, A - REQUIRED SUB~UTTALS All of the following information must be submitted bv the application deadline date in order for your application to be considered complete: I. / Completed Application Form 2. Certified Property O,;,ners List of owners within 150', labels and plat map (you 3. 4. k_ 5. v 6. V 7. 8. must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your · variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The appli~ant hereby agrees to provide all information required· or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature \__ ~ kaf& Date / 0 P 7 /4 2-, O'\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Ownds Signature ~U-,-~ Date /tJ /2-7 ./4 Z,, Applicant must have all submittals into the City offices 25 days before the Planning Commission wfeeting. Planning Commission Meetings are held on the third Monday of.each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 ........ 287 MARSCHALL RD., SUITE 106 SHAKOPEE, MN 55379 TELEPHONE: (952) 445-5390 FAX: (952) 445-5394 E-MAIL: STANDADPM@AOL.COM November 4, 2002 Lyle Oman, Building Official City of Orono Municipal Offices 270 Kelly Pkwy Orono, I\1N 55356 Dear Mr. Oman: Joo! Speciah:J!:J and Surgeon:J, P--4. S. SCOTT STANDA, D.P.M., F.A.C.F.S. MICHAEL D. O'BORSKY, D.P.M., F.A.C.F.S. - 250 NORTH CENTRAL AVE., SUITE 314 WAYZATA, MN 55391 TELEPHONE: (952) 476-1376 FAX: (952) 476-7454 E-MAIL: STANDADPM@AOL.COM This letter is just a follow up of our conversation of the 21 st of October and it also is in response to your letter of October 17, 2002. This letter is more to give you my understanding of the chronology of this so that we are in agreement on this. My boathouse deck was replaced in April of 2001. I did the work myself. Cost and materials was approximately $900. I replaced the deck because it was rotting and I believed it to be a danger. The dimensions to the deck were not changed when I replaced it. The deck does have a railing that meets code. I failed to get a permit to replace the existing deck because quite frankly I did not think I needed to get a permit to replace an existing structure that did not change the dimensions. However, because of an inspection by someone in Orono they decided that I needed a permit to do this. In fact I did place an application for a retroactive permit in July of 2001. With this I sent a check, which was twice the cost because it was a retroactive permit. I also provided documents, sketches and photograph of the pre-existing deck. I did not hear anything about this until your letter of October 17, 2002. So, in summary, approximately 15 months went between my application for a retroactive permit with check included and this letter that I received from you on October 17. I know you are very busy with all the construction going on and that you are overworked with all the issues under your jurisdiction. I do not have to walk very far from my house to look at houses that are blotting out the sun that have been recently remodeled, so, my question would be, what happened? Again, my position in this matter is that I replaced a pre-existing deck with dimensions at the pre-existing dimensions and the deck was replaced because it was structurally unsounci. I did the work myself and the cost of material was $900. This has now taken 15 months to resolve for actually no change in my property. I would like this resolved at the soonest possible time. Sincerely, ✓JG£/~ S. Scott Standa, DPM SSS/soap/sb Mailing Address: P.O. Box 66 Crystal, MN. 55323 0 ----------------------------------------------------------------------------------, C-1 't' e,, 0 N DRAWN ECO 0£CICEO I.ISG 03-302 CERTIFICATE OF SURVEY FOR SCOTT s.ANoIRENE s. STANDA OF LOT 137, SPRING PARK HENNEPIN COUNTY, MINNESOTA LAKE MINNETONKA BUl.llO<C COR><:R /a.EARS lM'. ./ BY 0.1 SPRING PARK BAY 165. 15 R£VJSK)N 929.4 CONTOUR LINE···, ................ . LEGAL DESCRIPTION OF PREMISES Lot 137, SPRING PARK o : denotes iron marker Bearings shown are based upon an assl.nled dotun. i -.~ .~~ ..... ,, ,., EXISTING HOUSE #2659 184_78 This survey intends to show the boundaries of the above described property, the location of three existing buildings, and the location of all visible ''hardcover" thereon. It does not purport to show any other irrprovernents or encroadments. DATE 0£SCRPTION $ GRONBERG & ASSOCIATES, INC. CONSUL flNG ENGINEERS, LAND SURVEYORS, SITE PLANNERS 445 NORTH WlLLOW DRIVE, LONG LAKE. I.IN. 55356 952-473-4141 ST()t,,£ ... ---•~,· ) 0 0 ~ &'J 0 ····•....... r' ·-----~-· I l-£REBY CS1TY THAT THS PLAN, SPEOFICATOol. OR REPORT A 1rs WAS PREPAl'S BY ME OR UNDER MY lllRECT StF'ERVISION ANO / v THAT I AM A OU.. Y LICENSED PROFESSIONAL EIQ£ER ANO. LANO 1--_;;...--'-I Sl.R'IETOll lK8 it£ LAWS CE Tl£ ST ATE CE MN£SOTA. • DATE 7-17-03 JOB NO. 03-302 ---- ,g l'-\ 2.-\) ~d-- ( £ ~ MlNN£1'0NKA 30: of 1_01 \ 37, sPR\NG P p,.,R'f-. \-\(NNEP\N colJNI'<' M\NN(S01 A S 79000' 00,, E N 79000' 00" W - 165.15 £~\S1\NG \-\O\JSt. 12659 184.78 S1~--············ wAL-t.\ ) l i? ~ ; i 0 ~ t00 cici coco ~ --0 0 .. "¢ N 0 0 - ··•. (/) ·· ... ·····~ .. ,.·~ ( "C. ff_ -<:! u 66 ! . I• 1.: ! ... I I i . (: ' L D t L· I L II ~olAJ{., 1 0 0 \I) D (c\, -_ L d ,__ 3 1 X ~" L,'J lb~ /,\ V c::o .. ::r, , ,. 7--2.5-oJ LoT t37 s PRING. PAr<I"- £-1 - HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) @ 75-250' 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A House 2 '2 , I x I 2 , / B.~ C. Dri\'eway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other Lengtl· X X X X X X X X . X X X TOT AL HARDCOVER rN ZONE TOTAL PROPERTY AREA rN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X ·X X X X X X X X X TOTAL l-:.ARD;.;;J·,cR rN ZC"!E TOTAL PROPERTY AREA IN ZONE A _____ + 8 \Vidt.h Wid!h X 100 X 100 BUIL-01..Vt, 7/2 7 S.F. -AT 5HOJ2£ 208 S.F.-CONC". <;LAV S.F. N f;<T ,o ------S.F. ------ ---"-9-'-7 __ S.F. -WALl,5 S.F. ------S.F. STONE. WALi.::'. __ 7....._._/ ___ S.F.-INC.L, LANO/Nb S.F. ------ -~8,,_4-......_ __ S.F. -DEc.K(SSHoe.F _____ S.F. \ tiCL, ST(; P5- S.F. ------S.F. ------S.F. STOl\l{Z f (}IO,;•D ___ -Z._7 __ S.F. -BO,ZD {C2-S 74l\ S.F. A --4,.......-'-,,5--'-,6--'->0..---S.F. B 16,24 % 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. A S.F. B % ,., HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE A. House X Length l Z, I X 2-~ X X B. Garage 2.2. 3 X C. Drivew:iy X X D. Sidewalk X X E. Patio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other 12,1<,1 li.S :: 46c' X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B PROPOSED HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B @§:) Width 6 ✓ / -Z.5 zo.3 BR/Cu : 7... X 100 Width X 100 13 250-500' 500-1000' 1524 S.F.-HOtJS£ __ 7,._,4..,___ S.F. -SHED __ __,.~'----S.F. -A/C. 40 S.F.-L0OS£-LA1D __ __.__,_.,____ S'TOrvi-f 45°3 S.F. -M~t: __ __::;_~-- 2.77 S.F. -81..ALJLWP 39 S.F. -c.oNC.,APi<'O.,-J 5TOH£. WAUl 95" S.F. -{i3,4Cf-('(A(2!)) S.F. -Wt-IC /BR.tLJ(. 4'15" lt,JQ.. STOOP 425 S.F. -DEC-/<' f ST£;=>;; S.F. F/Z.ONT/SIDf. 160 S.F. -OF-1-'0V?E 48 S.F. -N01<.n+ oi=-OE'Cic:'.. 7 S.F. -'i.MALL.. 11<141'6rl..E. 4-B S.F. - 370/ S.F. 82.3S-S.F. 44-.94 % ______ 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. RR Tf ,zs i3r< IC.f(. A B ______ S.F. A ______ S.F. B ______ % DATE TIME CITY OF ORONO CALLEO IN INSPECTION NOTICE SCHEDULED PERMITNo. ______ COMPLETED 6~c 11 :eo ADDRESS 2b5'9 ~5C.O fr~ • OWNER _________ CONTR. _________ _ TELEPHONE NO. _________________ _ ~ DESCRIPTION .... -------------------------~ 01 FOOTING 02 FRAMING 11 MECHANICAL RI 13 MECHANICAL FINAL ~ ~ 03 INSULATION 04 WALL 80. 24/25 WOOD BURNER/FIREPLACE 12 WATER HOOK-UP 18 EXCAV/GRADING/FILLING 19 LAKESHORE/WETLANDS 34 TREE REMOVAL 17 SITE INSPECTION ~ ~ 05 FINAL 07 DEMO -SITE 14 SEWER HOOK-UP 27 SEPTIC MAINT. -..J 07 DEMO -FINAL ~ 09 PLUMBING RI :: 10 PLUMBING FINAL 15 SEPTIC INSTALL. 23 SEPTIC FINAL ~ OWNER/CONTRACTOR TO MEET YOU:_ YES_ NO ~ 0:: ~ § 0 ::,... ex: 0 lJ... lJJ 0:: ~ ~ ~ ~ 0:: s 0 lJJ D WORK SATISFACTORY: PROCEED ~ D CORRECT WORK & PROCEED g ~RRECT WORK, CALL FOR REINSPECTION '-' ('"° BEFORE COVERING 0 CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN D STOP ORDER POSTED. CALL INSPECTOR 0 INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP 35 HARD COVER REMOVAL 36 FOUNDATION/REMOVAL D PROJECT COMPLETE D ISSUE CERTIFICATE OF OCCUPANCY ___ TEMPORARY ___ PERMANENT D PHOTO TAKEN D CITATION ISSUED Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contractor on site: ____________________ _ Inspector: @a,a.... /~J White Copyflnspector's File Canary Copy/Site Notice CITY of ORONO July 11,2001 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is in regards to the boathouse deck that was replaced without proper authority from the City of Orono. Please contact the Zoning Department at 952-249-4600 or remove the deck by August 1, 2001. If you fail to do so, legal action will be taken. Sincerely, Marc Davis Building Inspector Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO July 18, 2001 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City has received your after the fact application for a Deck replacement on your property. Unfortunately the Deck is within 75 feet of the lake where no structures are allo·wed. Therefore the City must require removal of the Deck or submission of a variance application to see if the City Council will allow it to remain. Please review the enclosed variance application and contact the Zoning Department to discuss submittals. If the deck is not removed or if a complete variance application is not received by 08/18/01, legal action will be started. If you have any questions feel free to contact me at my office. Sincerely, Building Official Enc. Variance Application LO/mj Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us F-~ CIT Application # () I -c>7 /.). Date Received ~. -tC, ,0/ Amount Paid ------ iii,-:: 1 A 20Gi •-\"""...., i~ --- Cin' OF ORONO PROPERTYINFOR.i'1ATION Site Address c2 <:: .S-? C11Ji.-1 Ir· f: J. {vp , 2 .;,,7 T'°, )yJ,-, .TJ-35 I Property Identification Number (P.I.D.) _________ > ____ ' ______ _ Attach legal description to application if not i:-.:::L.:ded on required survey. Date Pr~cquired ___ -'-9-./,/--'-~r _____________ (month/year) I (do) ~ also 0\\11 the adjacent parcels c: land. Present use of property: vresidential __ other (specify) __________ _ Zoning District: ___________________________ _ APPLICANT r Name £ Svrr Jz.o~J::7 ic Address: 2lJ'i c'<.)<., fr. £}. Phone (home) 9rZ-1/71-01../77 Phone(work) 9r2-</7i-/37.b C:y: C ,-~ ,vp Zip: _r,rJ<;/ Phone (home) ________ _ O\VNER (if different than applicant) Name ------r-"-----------Phone (work) ________ _ A d dress: -------------C:y _________ Zip: ____ _ DESCRIPTION OF REQUEST Estii-::.2:-:d Co:--..struction Cost $ _ _,_Q...,.o=O'--. -"'-([""""D-----,-- Describe request in detail: f2 c. Oc:: ~ J::.. ----"'--'-'---'--':-=-'~.----:-"=<>-...I...L....t.-.;.-=±--~,._,_c=.-=-<:--..,___-=--~- ____;:e....,,~~t,-c...,=..:.r--,,l ~-..J--'--'-"'~=--P~=e-"---=-'---"-...;;____;;--'--'..........___.__-'""'--'=!""'-"'-----'-"'-"'---"=----'---'"-'-'~~~' · (attach additional she-::s if necessary) .VARIANCES REQUIRED Lot Area Lot Width Setback: ;/other (specify) Front Q l 'I-.,,-.. ,:_;:J) ._, - Hardcover Side Rear e.x,,_,'TIQ cl {.c):::. __ Lot Coverage Average ·Lakeshore (' d <"-(..;~ c-l J: w.- lL\RDSHIP/DESCRIPTIO.\ OF {fl';USUAL PROPERTY CO.\DITIO.\S Describe undue hardship or practical difficulr:, ::~ ur.·.15ual property conditior:s preventing compliance \\1th Zoning Code requirements: 7 /2/.; cLc.c.-f Wt2, c ~ -./ JL 8vc(7 £,e1e. t,,/..c ... L (?..., ... , J.e✓tGJ J4 r:?crt?C-'-'fu} (attach additional shee:s if necessary) .;-.... - a.. A y ..r '° _, r1~-Td v,4 .-r /?'-'..-c...../2;::v~o ;✓. , 1==--r.:: ·~ ,:: \_ .,. ,:;~ .t:I --~ ;~:~~ ~ ~ .,.,,..... --·-·· HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway £ r;Jn/ X 11./0r , S.F. X S.F. D. Sidewalk _/J_l\/_y,____V /2 0.JVJ c-J X /v S.F. S.F. E. Patio/Deck S.F. 13, ;p-,----S.F. G. Other A A X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B B _____ X 100 = X 100 ----- PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width + Br, -... -tr°'~--,::\-.--,~~-', = II I! ;:~ ';;::1, ';~F ~~ i,/ cz,>~~ /c./' ~IJ e, •• iG ~-:! :'!' -. ,~ T;~_~.,.;'i ·i.--....... E~.JJ S.F. , / Ul ✓S.F. :2r 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. % f-LP _,.,,,.,.- A B A B 12 ., HAR 'O~CULATION '\VORKS: ET -r" -7 SETBACK ZONE: (CffiCLE ONE) 0~7 75-250' 250-500' 500-1000' ----EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S:F. X = S.F. X S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. E. Patio/Deck <o \ X I] I 9lo S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By" Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 = % A ·+ B X 100 = % PROPQSED HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X S.F. D. Sidewalk ·x = S.F. X = S.F. E. Patio/Deck t) l X \ 1, I = 9~ S.F. X = S.F. F. Landscape X = S.F. Underlain X = .S.F. By Plastic X = S.F. G. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A + B X 100 = % <~ .,;;,'~--\ r; r, /~--" :---=--' -,--·• ---; ' ' ,..., ,s;---· /: \ '. r:\~~J~ IL. ·"~). .. . --· .• -_()!"=-· J' ,. .,..,. .~ .,,.. ... •'· --!-.' :~~---·! ·--__ ........ , ••::-~::./ ! , ' ,. . , C . ' Li..,,___ __ ... CITY of ORONO October 17, 2002 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On 7 /18/02 this office reviewed your after the fact permit application for replacement of a deck on your property. You were notified at that time that the deck replacement was in violation of the City Ordinances. The City required removal of the deck or submission of a variance application to seek City Council approval. As of this date the issue remains umesolved. Therefore the City must again require you to remove the deck or to submit a variance application. A deadline of 11/01/02 has been established. If this deadline is not met the City will initiate legal action. A court appearance will be required. If you have any questions feel free to contact me at my office. Sincerely, .%t~ Lyle Oman Building Official Rd Enclosure Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us F-10 ------ CITY of ORONO November 15, 2002 S. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 RE: Boathouse Deck Dear Mr. Standa Street Address: 2750 Kelley Parkway Orono, MN 55356 This is in response to your letter of November 4t\ 2002. Municipal Offices A Review of your street file shows the following chronology: Malllnr Address: P.O. Box 66 Crystal Bay, MN 55323-0066 o 6-25-2001 Inspector Marc Davis leaves inspection notice stating a permit is required for deck replacement. o 7-11-2001 Marc Davis sends letter requesting removal of the deck or contact Building Department. o 7-12-2001 City received permit application-no check attached (Permit Fee is required when permit when permit is issued). o 7-18-2001 Letter from me informing you that no structures are allowed within 75' of lake and a variance would be required to keep it. A variance application was included. o 10-17-2002 Letter from me explaining the issue is unresolved. The City requires Building Permits for constructions of decks per Orono Municipal Code Section 12.02. The City does not allow structures within 75' of the lake per Orono Municipal Code Section 10.56 subd. C. Once a structure is removed; replacement structures are required to meet current zoning code requirements. The City has received your variance application. If you have questions about the variance process please contact Wendy Bottenberg, Zoning Administrator/Planner. If you have questions for me please feel free to contact me at my office. Sincerely, <2ff&.,,.__ Lyle Oman Building Official LO/dml Enclosures Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us F--t I ---- CITY of ORONO Street Address: . 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION December 19, 2002 Mr. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 SUBJECT: Zoning Application #02-2858 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within ten (10) business days as to the status of your application for an after the fact variance for property located at 2659 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: , o 2 original surveys, (certificate of survey, signed by licensed surveyor) of an updated survey indicating the location of the lakeside deck on the property. o All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. / A certified property owners list, mailing labels, and plat map of all property owners · within 150' of your property. You can request these items from the Hennepin County Department of Finance at 612-348-5910. Application #02-2858 is incomplete. If you wish to proceed with your application please submit the items requested above by Tuesday January 8, 2003 to remain on the January 22, 2003 Planning Commission agenda. Please call me at (952) 249-4600 should you have any questions. Sincerely, l 0-L i ({,{ t 13.,--ttc 11_(jCit:jj~ Wendy Bottenberg Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us May 2, 2003 Scott & Irene Standa 2659 Casco Point Road Wayzata, 11N 55391 Street Address:" 2750 Kelley Parkway Orono, MN 55356 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. and Mrs. Standa: ... • Municipal Offices Mailing Address: P.O. Box 66 · . Crystal Bay, MN 55323-0066 On 7 /18/02 this office reviewed your after the fact permit application for replacement of a deck on your property. You were notified at that time that the deck replacement was in violation of the City Ordinances. The City required removal of the deck or submission of a variance application to seek city Council approval. As of this date the issue remains unresolved. Therefore the City must again require you to remove the deck or to submit a variance application. A deadline of 5/21/03 has been established. If this deadline is not met the city will initiate legal action. A court appearance will be required. If you have any questions feel free to contact me at my office. Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO September 26, 2003 Scott Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #02-2858 Dear Mr. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is to notify you as to the status of your application for an after-the-fact variance for deck replacement on your property located at 2659 Casco Point Road. Our preliminary review indicates that your application is considered complete now that the survey and hardcover calculations have been submitted. Your application is scheduled to appear before the Planning Commission on Monday, October 20, 2003. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me or one of the City Planners at (952) 249-4600 if you have any questions. ~~ Michael P. Gaffron Planning Director cc: Melanie Foth, City Planner Janice Waataja, City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Yee¥-,4-5. t>F t) t_,,n> e ~-f?_ 2.JJO 3 ◄l I RUN DATE 12/23/02 BATCH 501 PROP ADDR OWNER NANE TAXPAYER ·NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NANE/ADDR PROP ADDR OWNER NANE TAXPAYER NAHE/ADDR 38 20-117-23 23 0001 02683 CASCO POINT RD G J ERICKSON & SF ERICKSON GERALD J & ~ANDRA F ERICKSON PO BOX 584 WAYZATA NN 55391 38 20-117-23 23 0022 02659 CASCO POINT RD S S STANDA & IS STANDA S S STANDA & IS STANDA 2659 CASCO POINT RD WAYZATA 11N 55391 38. 20-117-23 24 0029 02649 CASCO POINT RD JULIANNE N SCHERVEN JULIANNE 11 SCHERVEN 2649 CASCO POINT RD WAYZATA HN 55391 38 20-117-23 24 0039 02648 CASCO POINT RD J W & BJ ESSEN JEFFREY & BARBARA ESSEN 2648 cA·sco PT RD WAYZATA 11N 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 20-117-23 23 0020 02677 CASCO POINT RD AD KLUIS & S V KLUIS AD KLUIS & S V KLUIS 2677 .. CASCO POINT RD WAYZATA NN 55391 38 20-117-23 24 0002 02660 CASCO POINT RD FL HAIR & DE HAIR CO-TRST FLOYD L HAIR & DIANE E HAIR 2660 CASCO POINT RD WAYZATA 11N 55391 38. 20-117-23 24 0030 02645 CASCO POINT RD NJ GREENE & AK GREENE NORNA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATA NN 55391 TOTAL BATCH 501 00010 PAGE 1 38 20-117-23 23 0021 02665 CASCO POINT RD. CR SHUTTS & NB SHUTTS CARL R & MARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA 11N 55391 38 20-117-23 24 0003 02684 CASCO POINT RD D L RUNKLE & L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA 11N 55391 38 20-117-23 24 0031 02635 CASCO POINT RD MARILYN B THORNE MARILYN B THORNE 2635 CASCO POINT RD WAYZATA NN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN·ACCURATE AND TRUE REPRESENTATION OF-INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF NV KNOWLEDGE AND BELIEF. ~ ~ DATE /4,<-~ft'~y lZh1d; Saa v~ . t•': ~) '( .. •· ·1 '·· ) ·.::::? ) ff ~':.~, <1';')', ,, ',,,, "~ )!,1::1 <. ~ ,•l• 'Cl.''\··\'.,'\ iN •~• '-1.',.;;,,.,.. ....... C\' -~~ ! ~ '':t:. ( Adjacent Property Owners' Acknowledgement Form Ji,,/,~ J:._fi p·v&~·0J W ;.,}L I (we) Po~"/ Jo..;"t.,,1;. k of ,;J..t, Yz: C«✓'--' Pr. , I<./. [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2.0J3: C.uu f?. Rd also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date /0-~Cz-0~ Property Owner Date ********************************************************~********************* I (we) Co.,../ o .... / /n -0 ,,., 4t'< J, L4 rr,5 of __ .;i..._c._t,_s,,_C_u-=-J--='-...:..'-Pr_-r_._.;IP;..:.;·:...::.dc...:.·-- [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2~ C«ro ff. If./ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. \< _ _Q\J_~~ /0 ----Property Owner Date ( ii 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. 8 @ TORRENS CASE 16624 152 " ' ' '; 5 (1) ,, , ,, (2) (3) ' :, ' 'i (4) V v· , KASTE COVE (42) ~ 1 262.24 NB9.35W, CASCO POINT RD ,, 4 @) 251.5 ., 5 (25) G ·-·~•·, .. ~-:-: ...✓..:-~ ..• _c· . .-, .'./ S.."\ /") :\ -':'._1 ~ //7 ~3 ~ ,._].\:~~~(} ,--.,---+.-----'----·-•--_·.-·:"-''..-,. ___ o_-__ -___ -_____ -. -(~J;i ~// Parcel Information Parcel ID 2011723230022 House Number 2659 Street Name CASCO POINT RD This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. J ZONING FILE #02-2858 CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: October 24, 2003 TO: Scott Standa 2659 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance DATE OF MEETING: October 20, 2003 Planning Commission recommended as follows: Partial approval per the following conditions: COPIES: 1. Deck as reconstructed is not approved. Applicant to remove the 8'x12' deck, but will be allowed to replace it with a 4'x7' walkway with 3' wide stairway to grade. 2. Applicant to remove the following items of hardcover: Concrete sidewalk at north side of house. Concrete slab adjacent to accessory building Fabric and plastic liner from all landscape areas. 3. Applicant is placed on notice that the deck and accessory building are nonconforming structures and subject to the pertinent ordinances limiting the degree of structural repair allowable for such structures. 4. Applicant is advised that replacement of the stairways providing access to the lake is allowed but will require building permits at the time such activity is commenced. VOTE: 4 FOR I AGAINST Applicant's next scheduled meeting is confirmed as: City Council -Monday, October 27, 2003; meeting starts at 7:00 p.m. Review Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the date of submittal of a complete application, and that this review period may be extended by notification to the applicant. Your application was considered as complete on August 26, 2003 and the 60-day review period would end on October 26, 2003. However, because the earliest potential date of final Council action falls after the 60-day period ends, the 60-day review period is hereby extended an additional 60 days to December 24, 2003. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaffron at 952-249-4600. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o 'clock p .m. (#2) #03-2952 GREG TRIPP, 3229C CASCO CIRCLE, Continued dormers, and aesthetically improve the design, subject to the removal of all landscape plastic and liners , as w ell as, removal of the side wood walkw ay. VOTE: Ayes 5, Nays 0. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, VARIANCE, 6:13 - 6:43 P.M. Scott Standa, the Applicant, was present. Gaffron explained that the applicant was requesting after-the-fact hardcover and setback variances to allow the reconstruction of a rotten deck located at the shoreline attached to an existing accessory building. Variances required include : 1. Structure within 0-75' setback zone, extending out over the shoreline (cantilevered 2-3' past the OHWL). 2 . Structure encroaching within 1 foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback Gaffron noted that the deck that was replaced was attached to a 12'x22' accessory building located 5' from the shoreline and nearly abutting the side lot line . The accessory building has been there for many years and has apparently been maintained in relatively good condition. Gaffron asked the Planning Commission to consider 5 key issues : 1. Would the Planning Commission have recommended approval for the replacement of this deck had the application been made before the fact? 2. Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8' deep prior to its replacement? 3. The property has excessive hardcover in both the 0-75' and 75-250' zories. Is there any hardcover on the site that should be considered for removal if the application is approved? The surveyor identified 235 s.f. of landscape areas lined with plastic or fabric that are not included in the hardcover calculations and would be subject to removal if the application is approved. 4. Applicant paid the after:-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a permit to replace an existing deck on the property. Page 3 of29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clockp.m. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, Continued 5. Does Planning Commission have any other issues or concerns with this application? Gaffron indicated that staff recommends denial of the application. In staffs opinion, if this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved. He noted that the apparent expansion of the deck from a depth of 6' to 8' would certainly not have been approved. Gaffron maintained that, while the fact that the approval process has cost the property owner more than the project itself is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact. Maintenance and/or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono's 40 miles of Lake Minnetonka shoreline. Gaffron stated that the Planning Commission may wish to consider whether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted, Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. Chair Smith asked if staff had recommended to the applicant that he consider a lockbox. Gaffron indicated that the discussion had not pursued that far, since it was the applicant's intent to keep what he had. Mr. Standa volunteered to make additional removals of hardcover on the property, including the concrete slab behind the accessory structure, sidewalk along side of the home to the accessory building, and repair or removal of the crumbling lake access steps. Mabusth recommended the lake access steps be replaced for safety sake, since the lot is a steep lake lot. - Mr. Standa pointed out that the retaining walls would also be in need ofrepair in the near future. Hawn questioned the necessity of the fire pit and flagpole. Mr. Standa indicated that he would prefer to keep both his flagpole and fire pit; however, if it was mandated he could remove the fire pit. Page 4 of29 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, Continued Mabusth questioned whether the LMCD would have an issue with the structure protruding over the water. Gaffron stated that the LMCD may want to look at it if the posts are at or below the OHWL. If this application had come before the Commission before the fact, Mabusth asked the Commission what they would have allowed. She noted that she would have asked for the removal of the slab. Hawn questioned whether they would have approved a deck on an accessory structure, and an even bigger deck than previously attached to this nonconforming structure. She asked whether it was the Commission's intent to do away with these structures altogether. Hawn asked what record the City has of the previous deck size. While he felt that he probably would not have allowed it, Rahn stated that it was not out of character of what is currently in the neighborhood. Mr. Standa stated that the deck has always been on the structure. Gaffron agreed that, to everyone's knowledge, the deck had always been there. He noted that research could be done to find the original paperwork. Rahn maintained that the cantilevered portion was new, and asked the applicant consider a straight replacement, without the cantilever, and minimum landing. Mr. Standa stated that he would like a deck to allow for safe exit from the sliding doors that have always been there as well. There was no public comment. Fritzler suggested the applicant remove the sliding doors and replace them with a solid window. Mabusth stated that she believed the applicant should be allowed some kind of access platform out of the doors, for safety sake, adding that a second exit is beneficial. Rahn noted that two accesses are not mandatory. In light of the removals, Mabusth stated that she felt a 4' platform was a fair compromise. Page 5 of29 MINUTES OF THE ORONO PLANNING CONIMISSION MEETING Monday, October 20, 2003 6:00 o'clock p.m. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, Continued Hawn questioned whether the deck and/or structure could be moved further than l' from the property line. Mr. Standa pointed out that the entire boathouse is just one foot off the line and has always been that way. Mabusth acknowledged that many of the boathouses in the neighborhood are the same way. She reminded the applicant that the City does not approve of major structural repairs to nonconforming structures such as this. Mr. Standa asked how the storm of 1998, which damaged several boathouses in the area, impacted this policy. He questioned if the precedent had already been set allowing the repair of these structures due to 'acts of god', and reasoned that soil erosion etc. are also 'acts of god'. While catastrophic events are exempt, Gaffron reiterated that the code limits structural repair. He indicated that painting, new siding, and roofing are allO\vable repairs. Mabusth stated that she felt a 4' landing was reasonable. Gaffron asked for further clarification, whether the deck was to be 4 'X4' with 3' ,vide access steps. Aesthetically, Rahn indicated that the deck should run the entire length of the patio doors, which are approximately 6'. He suggested the Commission approve a 7'X4' deck and access stairs 3' wide to the ground. Mabusth and Chair Smith concurred. Fritzler disagreed, stating that one exit should be sufficient and the doors should be replaced by a window. Gaffron reviewed the recommendation, which included the removal of the concrete slab, fabric, and sidewalk along the side of the home, reconstruction of the lake path and retaining walls to be permitted at a later date, and the fire pit and flagpole allowed remammg. Chair Smith asked if this was acceptable to the applicant. Mr. Standa agreed. Page 6 of29 MINUTES OF THE ORONO PLANNING COMMISSION l'vIBETING Monday, October 20, 2003 6:00 o'clock p.m. (#5) #02-2858 SCOTT STANDA, 2659 CASCO POINT ROAD, Continued Mabusth moved, Rahn seconded, recommending approval of Application #03-2858, Scott Standa, 2659 Casco Point Road, granting after-the-fact variance approval for the reconstruction of a 4'X7' deck and 3' wide access stairs to the accessory structure, subject to the removal of the concrete slab, sidewalk along the side of the residence, and all landscape plastic prior to the final inspection; Duly noting that the structure is considered a nonconforming structure and limited structural repair is allowed. VOTE: Ayes 4, Nays 1, Fritzler dissenting. Fritzler stated that he neither supported the work being proposed to the nonconforming structure nor could support the after-the-fact request. (#6) #03-2923 STEVAN \VAGNER, 3607 SHORELINE DRIVE, VARIANCE, 6:43 - 7:40 P.M. Stevan Wagner, the Applicant, and Martin Woody, the Architect, were present. Foth reported that the applicant has submitted an application for a building expansion and remodel in the B-1 Zoning District. As per City Code Section 78-642 any application for a commercial building permit prompts a site review by the Planning Commission and City Council. The applicant has requested the following: 1) Commercial site plan review in order to obtain a building permit to remodel and expand an existing 2310 s.f. concrete block building on the property to a 4080 s.f. building, a 1,770 s.f. total expansion. 2) A setback variance in order to re-use the existing sign pole which is setback 8' from the front property line where 1 O' is required. The signage itself will extend an additional 4' into the setback area for a sign setback of 4' when 10' is required.* 3) Hardcover variance to allow existing driveway hardcover to become structural hardcover.* *Foth noted that each of these items would be reviewed in part with the overall commercial site review Foth explained that the property located at 3607 Shoreline Drive has historically served as an equipment rental business. ·while la\1,,n and garden equipment rental is a permitted use in the district, there is a great deal of outdoor storage associated with this business. Outdoor storage is a conditional use in the Industrial district only. While the existing sign is located 8' from the front property line, where a 1 O' setback is_ required, Foth stated that the applicant is proposing to re-use this sign in part including the non-conforming setback. The property is allowed signage up to 250 s.f.; therefore, the proposed signage of 150 s.f. is in compliance with Zoning Ordinance requirements. Page 7 of29 Date Application Received: 12-10-02 Date Application Considered as Complete: 8-26-03 60-Day Review Period Expires: 10-26-03 To: Chair Smith and Planning Commissioners From: Date: Ron Moorse, City Administrator Mike Gaffron, Planning Director October 17, 2003 Subject: #02-2858 Scott Standa, 2659 Casco Point Road -Variance (After-the-Fact) -Public Hearing Zoning District: Lot Area: LR-1 C Single Family Lakeshore Residential, 1/2-acre min. 0.29 acre (12,815 s.f.) Application Summary: Applicant requests after-the-fact hardcover and setback variances to allow the reconstruction of a deck located at the shoreline attached to an existing accessory building. Variances required include: 1. Structure within 0-75' setback zone, extending out over the shoreline ( cantilevered 2-3' past the OHWL). 2. Structure encroaching within I foot of side lot line. 3. Hardcover in 0-75' zone of 16.24% (no changes proposed). 4. Encroachment of average lakeshore setback. Staff Recommendation: Staff recommends denial. If this reconstruction had been applied for before-the-fact, the encroachment over the shoreline and within 1 foot of the side lot line would likely not have been approved, in staffs opinion. List of Exhibits A -Application B -Letter of Request 11/4/02 C -Existing & Proposed Survey/Site Plan D -Submitted Deck Plans E -Submitted Hardcover Calculations Background F -Correspondence 2001-2003 G-Photos H -Property Owners List I-Neighbor Acknowledgement Form J -Plat map In June 2001 Building Inspector Marc Davis found that the deck adjacent to the lakeshore accessory building had been replaced, and he advised the owner that a permit was needed for such work. In July 2001 the owner applied for a building permit and was advised that because the work was within 75' of the shoreline a permit could not be issued and it would have to be removed or a variance application would have to be filed to see if Council would allow it to remain. On August 14, 2001 the owner filed an incomplete variance application, lacking most of the necessary information to process it. This matter remained as an open violation file and the next communication between applicant and City was in October 2002, which resulted in a new variance application being filed in December 2002, but still lacking an up-to-date survey. After a flurry of discussion between City and applicant in May/June 2003, a survey was submitted and the application considered as complete in late August 2003. #02-2858 -2659 Casco Point Road October 17, 2003 Page2 LOT ANALYSIS WORKSHEET Lot Area/Width: LR-lC Lot Area Required 21,780 s.f. (0.5 acre) Lot Width 100' Actual 12,815 s.f. (0.29 acre) 60' Deck Setbacks: LR-lC Required Existing Lakeshore 75' O' Rear (Street) NA NA North Side 10' <1' Right Side 10' 48' Average Lakeshore (No Encroachment Allowed) approx. 75' Structural Coverage: Total Lot Area Total Structural Coverage Proposed O' NA <1' 48' approx. 75' 12,815 s.f. (0.29 ac.) Allowed: 1,922 s.f. (15%) Existing/Proposed: 2,743 s.f. (21.4%)* *Deck in question does not constitute lot coverage as it is not 6' above grade. Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0-75' 4,580 s.f. 0 s.f. 744 s.f. 744 s.f. (0 %) (16.24 %) (16.24 %) 75-250' 8,235 s.f. 2,056 s.f. 3,466 s.f.* 3,466 s.f.* (25 %) (42.1 %) (42.1 %) * After exclusion of fabric or plastic-lined landscape beds #02-2858 -2659 Casco Point Road October 17, 2003 Page3 Deck Nonconformities The deck that was replaced is attached to a 12'x22' accessory building located 5' from the shoreline and nearly abutting the side lot line. The accessory building has been there for many years and has apparently been maintained in relatively good condition. The deck extending from the end of the building towards the shore was replaced by the applicant in April 2001, per applicant's statement, because the old deck was rotting away. The City has no record of the pre-existing deck, either on old surveys or in the assessors records. The January 1992 photo submitted by the applicant shows a deck at this location, although the deck in that picture appears to be not as deep as the new deck, and is perhaps 6' x 12' rather than 8' xl2'. The old deck had posts at the perimeter, the new deck is cantilevered 2' past the posts, and extends over the water. The deck is located less than one foot from the side lot line. City code would generally not allow an accessory deck with a railing to be less than 1 0' from a side lot line. The neighbors have indicated they are aware of the construction. The deck as it exists today comprises approximately 100 s.f. of hardcover including the steps to it. Part of this hardcover is over the lake. City code allows no hardcover or structures within 7 5' of the shoreline, except for one 4' wide stairway; a lift; landings of no greater than 32 s.f.; and lock boxes. Total existing hardcover in the applicants 0-75' zone is 16.24%, consisting of: Accessory Building 22.1' x 12.1' Concrete slab adjacent to building (Approx 12x18) Retaining Walls Stone walkway and landing Deck at shore incl steps (portion over land) Stone & wood borders Hardship Statement 267 s.f. 208 s.f. 87 s.f. 71 s.f. 84 s.f. 27 s.f. 749 s.f. / 4580 = 16.24% Applicant has provided a hardship statement in his letter of request (Exhibit B), and should be asked for his additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. #02-2858 -2659 Casco Point Road October 17, 2003 Page4 Staff would make the following recommendations in regards to the criteria for "undue hardship" pertinent to this application: 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." The property can be used reasonably if the variances are denied. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." The only unique circumstance is that a nonconforming deck was replaced without the proper prior approvals. 3. "The variance, if granted, will not alter the essential character of the locality." The variance will have little impact on the character of the locality, but will not be in keeping with City goals for lakeshore properties. 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." While economics have not been cited by applicant as a hardship, applicant has expressed to staff his frustration with the approval process costing more than the project itself 5. "Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section l 16J.06, Subd. 2, when in harmony with this Chapter." Not applicable. 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." Not applicable. 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not Applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The zoning code limiting the use of lakeshore property applies to neighboring properties. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." The zoning code limitations apply to all properties within the Shore/and Overlay District. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property owner does not have an inherent right to replace in kind a nonconforming structure when it has reached the end of its useful life. #02-2858 -2659 Casco Point Road October 17, 2003 Page 5 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Granting of the variances would be in conflict with the intent of the Zoning Code, the intent of which is that no new structures be allowed within 7 5' of the shoreline, and that existing non-conforming structures eventually are removed by attrition .. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." It is staff's opinion that granting of the after-the-fact variances would merely serve as a convenience to the applicant. Issues for Consideration 1. Would the Planning Commission have recommended approval for the replacement of this deck had the application been made before the fact? 2. Does Planning Commission agree with staff that the 1992 photo provided by applicant casts doubt as to whether this deck was 8' deep prior to its replacement? 3. The property has excessive hardcover in both the 0-75' and 75-250' zones. Is there any hardcover on the site that should be considered for removal if the application is approved? The surveyor has identified 235 s.f. oflandscape areas lined with plastic or fabric that are not included in the hardcover calculations on p. 2 and would be subject to removal if the application is approved ... 4. Applicant paid the after-the-fact fee for the variance application. If the variance is approved, should an after-the-fact building permit fee be paid? Applicant claims he was unaware that he needed a permit to replace an existing deck on the property ... 5. Does Planning Commission have any other issues or concerns with this application? Staff Recommendation Staff recommends denial of the application. If this reconstruction had been applied for before-the­ fact, the encroachment over the shoreline and within 1 foot of the side lot line would have been questioned and likely not approved, in staffs opinion. The apparent expansion of the deck from a depth of 6' to 8' would certainly not have been approved. The fact that the approval process has cost the property owner more than the project is unfortunate, but should not be a factor in determining whether the approval is granted after-the-fact. Maintenance and/or replacement of existing decks and lakeshore accessory structures is an ongoing issue along Orono's 40 miles of Lake Minnetonka shoreline. The Planning Commission may wish to consider whether the current policies and codes are appropriate, or whether they need to be relaxed or strengthened. If approval is granted, Planning Commission should address the excessive hardcover on the property and make a recommendation as to removals. An after the fact permit should be applied for so the building inspector can confirm the construction meets pertinent building codes. CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Application# OJ._-d-K5'.3 Date Received I a -IQ ·Qd Amount Paid-t$scQ, 09( SiteAddress 2.LS-q Cusco fT-k:',J \UP-..(l..OTA S-S3'il Property Identification Number (P.I.D.) 2 CJ -117-23-123 -00 2 2... Attach legal description to application if not included on required survey. Date Pr~cquired ____ '-1~\ ~B=r-____________ (month/year) I (do) ~lso own the adjacent parcels of land. Present use of property: ___lLI'esidential __ other (specify) _________ _ Zoning District:___,.L.::;...Ri...=,...-_\'-"C=---------------------- APPLICANT -~ r Name Jc_q 1TvTt0 ,v.o~ Address: · 2 C:,.rt; C,, CIA I'-,-. R/. O\VNER (if different than applicant) Name Phone (home) 9.F2-V71-/</77 Phone (work) 9.r2. -v n-t3 7/,, City: Wby:2~Tt'J Zip: S'F.lYI Phone (home) _______ _ ----------------Phone (work) _______ _ Address: -------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost S 9tJt1, PIJ Describe request . detail: e ~ If' I Oc It. D cl C-C-le Q 1\, 3 0 "":C k' i,/.){. -Y d-0~/, 'hc~t... (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback: Front Side Rear / Other (specify) Ree /Pc~ t2 __ Lot Coverage Average Lakeshore HARDSIDPIDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ALON e.. -;ft1,p_ l.e< ~ ,/ er:;✓ r;w f3pp-,-J..cu.,1c:. deL--..f::_ Iv f PH}~_ C>/u-,,,c-. v//t.., ,q,_, ,:,,/if, - REQUIREDSUB:MITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: I. / Completed Application Form 2. Certified Property Owners List of owners within 150', labels and plat map (you 3. 4. 2i 5. v 6. v 7. 8. must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The appli~ant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's Signature , ~ ,kak Date / CJ /;2.. 7 /4 L • OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature '-4 C», ~ Date /~ /2 7 /4 b 0-..... ~ ; Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of .each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 1~-:"~f';. ,-:r·)' ...... ~..::.:..----,.. n ' l , -, • ~ • -:-,....~ ;,r 7 287 MARSCHALL RD., SUITE 106 SHAKOPEE, MN 55379 TELEPHONE: (952) 445-5390 FAX: (952) 445-5394 E-MAIL: STANDADPM@AOL.COM November 4, 2002 Lyle Oman, Building Official City of Orono Municipal Offices 270 Kelly Pkwy Orono, I\1N 55356 Dear Mr. Oman: Jool Specia£JtJ and Sur'j-eonJ, P-4. S. SCOTT STANDA, D.P.M., F.A.C.F.S. MICHAEL D. O'BORSKY, D.P.M., F.A.C.F.S. 250 NORTH CENTRAL AVE., SUITE 314 WAYZATA, MN 55391 TELEPHONE: (952) 476-1376 FAX: (952) 476-7454 E-MAIL: STANDADPM@AOL.COM This letter is just a follow up of our conversation of the 21 st of October and it also is in response to your letter of October 17, 2002. This letter is more to give you my understanding of the chronology of this so that we are in agreement on this. My boathouse deck was replaced in April of 2001. I did the work myself. Cost and materials was approximately $900. I replaced the deck because it was rotting and I believed it to be a danger. The dimensions to the deck were not changed when I replaced it. The deck does have a railing that meets code. I failed to get a permit to replace the existing deck because quite frankly I did not think I needed to get a permit to replace an existing structure that did not change the dimensions. However, because of an inspection by someone in Orono they decided that I needed a permit to do this. In fact I did place an application for a retroactive permit in July of 2001. With this I sent a check, which was twice the cost because it was a retroactive permit. I also provided documents, sketches and photograph of the pre-existing deck. I did not hear anything about this until your letter of October 17, 2002. So, in summary, approximately 15 months went between my application for a retroactive permit with check included and this letter that I received from you on October 17. I know you are very busy with all the construction going on and that you are overworked with all the issues under your jurisdiction. I do not have to walk very far from my house to look at houses that are blotting out the sun that have been recently remodeled, so, my question would be, what happened? Again, my position in this matter is that I replaced a pre-existing deck with dimensions at the pre-existing dimensions and the deck was replaced because it was structurally unsound. I did the work myself and the cost of material was $900. This has now taken 15 months to resolve for actually no change in my property. I would like this resolved at the soonest possible time. Sincerely, ✓Jc,p-~ S. Scott Standa, DPM SSS/soap/sb Mailing Address: P.O. Box 66 Crystal, MN. 55323 0 1' (,j 0 t,l DESIGNED DRAWN ECO CHECKED MSG 03-302 LAKE CERTIFICATE OF SURVEY FOR scoTT s.AND IRENE s. ST ANDA BULONG CORl£R Q(ARS Lt£ BY 0.1 OF LOT 137, SPRING PARK HENNEPIN COUNTY, MINNESOTA MINNETONKA SPRING PARK BAY 165.15 REVISION 929.4 CONTOUR LINE······················· LEGAL DESCRIPTION OF PREMISES Lot 137, SPRING PARK o : denotes iron marker Bearings shown are based upon an assUlled datum. EXISTING HOUSE #2659 184.78 This survey intends to show the boundaries of the above described property, the location of three existing bui !dings, and the location of al I visible "hardcover" thereon. It does not purport to show any other improvements or encroacrrnents. DATE DESCRIPTION $ GRONBERG & ASSOCIATES, INC. CONSUL lflNG ENGINEERS, LAND SURVEYORS, SITE PLANNERS 44.5 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 952-473-4141 0 0 '<I- f" 0 ..... ····• .............. .!' 66 66 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND. LAND 1---'--~ SUMYOR Lt«R Tl£ LAWS Of THE STATE Of MJ,iN£SOTA. • DATE ?-/7-,:::,J MN LICENSE NUMBER /L7F,£ DATE 7-17-03 JOB NO. 03-302 C-l ---- \ 30: Of \_Oi I 37, srR\NG P p..R't< \-\(NN(P\N co\JNi'<' \',/1\NN(SOi A S 79000' 00" E 0.35-•-----. .-o ~ ·•::. _ ci.6 ~ coNCR'lt-p:a:,oii;a:,tx.~. N 79000' 00" W 165. 15 E~\S1\NG r\O\JSt. 4f2659 184.78 Si~--------····•· Vlf>.LLS-, ) ... ... 0 0 ... 'q'" N 0 0 'I:'"'" (/) ... , .. ·· ( (_ u_ <:( u 66 i• l '' '·' ' i !., LO l L· T <l P ' I L 11 ~ouJ0 i (3 0 'I) ' cJ e-<--le .. T"'-<"- 1\.J oj c., l. ., ,.,, c} , ; /.\ I:' cc .. ,-, -I I ,, ' 8'~~ ' . . ------------------------.. 5CCJrr f IR6NE S'ov,1D1t 7-2.5-oJ LoT l37 s PRING;-PA(<'I~ HARDCOVER CALCULATION WORKSHEET SETBACK ZOl'{E: (CffiCLE ONE) @ 75-250' 250-500' EXISTING HARDCOVER TN ZONE 500-1000' A. House 2 2 . I x I 2 , I B.~ C. Dri\'eway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other LengtJ X X X X X X X . X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____ + B PROPOSED HARDCOVER IN ZONE. A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X X ·X X X X X X X X X TOT AL l--'.1~RD;.;C' ,rcR IN ZC•' IE TOTAL PROPERTY AREA IN ZONE A ______ + B Widt11 6-S1,;..•."'' 1: Width X 100 X ]00 BUIL.-01 ~t;'-'Z/2 7 S.F. -AT 51-/OJZS, 208 S.F.-CDr'iC SLAV S.F. I'-' f,i<T ,o ------ ------S.F. __ 9_7~, __ S.F.-Vv'ALL5 S.F. ------S.F. ------ STONE. WA LI<. __ 7__.__._/ ___ S.F.-INCL. '-ANO/Nb S.F. ------ __ 8~4-__ S.F.-DEcK8SHoe.F ______ S.F. \HCL, STEP,5- S.F. ------S.F. ------S.F. ------ STONIZ f V,Oc.:•O ___ 1-_7 __ S.F. -BOi<D0'(2.$ __ 7_4_L\-~-S.F. A __ 4,_,,5'-"6'---0<--_ S .F. B -~'=6-~2~4~· __ % 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. A S.F. 3 % 7-ZS-o3 HARDCOVER CALCULATION \VORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' ~ 250-500' EXISTING HARDCOVER IN ZONE 500-1000' A. House X Length l 2, I X Z-"i"' X X B. Garage 2.2.3 X C. Driveway X X D. Sidewalk X X E. Putio/Deck X X F. Landscape X Underlain X By Plastic X Or Fabric G. Other 12,l<tl Ji.S :.: 460 1 X TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A ______ + B PROPOSED HARDCOVER IN ZONE A. House Length B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic Or Fabric G. Other X X X X. X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ______ + B Width b,, I -z.0,3 BRJCJt. : ~l _____ xlOO Width _____ xlOO 13 _____ JS-24 S.F. -HOtJ5£ ~ S.F.-Sf4£D S.F. -Alt:. 40 S.F. -L0OS€:-LA1D SiONI?) 45:> S . F. -<:.A~ E 2.7] S.F. -B~JLTC!P 3':1 S.F. _ u;,NC... AP/<.ON ST0/-1 E LUAU'-gc _ _., S.F. -{ i3-AC14 'i'ArW) S.F. -C.ONC /BR.IL.It.. 495 INCL. STOOP 42.5 S.F. -01:G./<' f 5 T £1:::S- S.F. F/ZOl'IT I 5 ID£ 160 S.F. -c:>F I-IOV-;,E 4-8 S.F. -NORn+ o;;.. DE'C:i( 7 S.F. -SMALL-"fKl4"6,1.-E. 4-8 S.F. -RR Ti ,zs \1 Y< I ct< 370/ S.F. 82.3S-S.F. 44-.91 % ______ 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. A B ______ S.F. ______ S.F. A ______ S.F. B ______ % DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMIT NO.______ COMPLETED 6 ,-L.(;----·ey IL .' Co ADDRESS 2-b??l ~s:co Yr~ • OWNER _________ CONTR. _________ _ TELEPHONE NO. _________________ _ ;:: DESCRIPTION h. -------------------------01 FOOTING 11 MECHANICAL RI 02 FRAMING 13 MECHANICAL FINAL ~ ~ Q <!'. ~ 03 INSULATION 04 WALL BD. 24/25 WOOD BURNER/FIREPLACE 12 WATER HOOK-UP 18 EXCAI//GRADING/FILLING 19 LAKESHORE/WETLANDS 34 TREE REMOVAL 17 SITE INSPECTION ~ 05 FINAL 07 DEMO -SITE 14 SEWER HOOK-UP 27 SEPTIC MAINT. -..J 07 DEMO -FINAL i 09 PLUMBING RI -..J 10 PLUMBING FINAL 15 SEPTIC INSTALL. 23 SEPTIC FINAL ~ OWNER/CONTRACTOR TO MEET YOU:_ YES_ NO 0 ~ ~ ~ 0 ).. ct 0 l.l. llJ ct ~ ~ <!'. llJ ~ ct 5 0 llJ O WORK SATISFACTORY: PROCEED ~ 0 CORRECT WORK & PROCEED g ~RRECT WORK, CALL FOR REINSPECTION (J ('' BEFORE COVERING 0 CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN O STOP ORDER POSTED. CALL INSPECTOR 0 INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP 35 HARD COVER REMOVAL 36 FOUNDATION/REMOVAL □ PROJECTCOMPLETE □ ISSUE CERTIFICATE OF OCCUPANCY ___ TEMPORARY ___ PERMANENT □ PHOTO TAKEN □ CITATION ISSUED Call for the next inspection 24 hours in advance. ( 952) 249-4600 Owner/Contractor on site: ____________________ _ Inspector. 42/acI.-: iA24J White Copy/Inspector's File Canary Copy/Site Notice July 11,2001 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: This letter is in regards to the boathouse deck that was replaced without proper authority from the City of Orono. Please contact the Zoning Department at 952-249-4600 or remove the deck by August 1, 2001. If you fail to do so, legal action will be taken. Sincerely, Marc Davis Building Inspector Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO July 18, 2001 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 Re: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City has received your after the fact application for a Deck replacement on your property. Unfortunately the Deck is within 75 feet of the lake where no structures are allowed. Therefore the City must require removal of the Deck or submission of a variance application to see if the City Council will allow it to remain. Please review the enclosed variance application and contact the Zoning Department to discuss submittals. If the deck is not removed or if a complete variance application is not received by 08/18/01, legal action will be started. If you have any questions feel free to contact me at my office. Sincerely, Building Official Enc. Variance Application LO/mj Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us Application# () { -<:97 /.). Date Received ~ -1Cf ~O/ Amount Paid ------ t.u; 1 ~, 2ooi C\TY OF ORONO PROPERTY INFORMATION Site Address c2. c:: .S-? C11J1-I 17-. e J. WPy) j<7 T'°1 )YJw .TJ-39 I Property Identification Number (P.I.D.) __________________ _ Attach legal description to application if not included on required survey. Date Pr~cquired CJ/ 'iJ~ (month/year) I (do) ~ also oVvn the adjacent parcels of land. Present use of property: v residential __ other (specify) _________ _ Zoning District: __________________________ _ APPLICANT Name ,__). LJT ~~r:7 i.::. Address: llf'i cl!.)<. I fr. eJ. O\VNER (if different than applicant) Name CP 7 Address: ------------- Phone (home) 9 r z-Y 7 /-0 '-I 7 7 Phone (work) CJ r 2-'/7 i -/3 7.b City: O rt) tV P Zip: srJ<; I Phone (home) --------Phone (work) _______ _ City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estinrnted Construction Cost $_-'-Q'"'""'o~t)_, .,,__ff:.x...D--.,-- Describe request in detail: __ f2~e-c-.--<:-=-.......,."'-,---:--=-c__.___..'-'---'-cl----->o.c..L----"-'-=-"'""--,..__----"O_c_L_.l _ __:::e__,~'--...:::..t::>.....:L-=..,_r_l-r+-____::..Jc.:;~=--_..,__,_P-=e.c::..---=-'---'-:.,....::...=-z-LJL...,____.,__~~~~--'--"'-=~-...._.'--'-'-=__,.,__.._, • (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback: Front Side Rear /other (specify) t'C <--e } Ot (, ex UT' 9 cl {_c.J:::. 01 ~ r:.....::J)......, - (' __ Lot Coverage Average; Lakeshore HARDSHIP/DESCRIPTION OF 1J1';USUAL PROPERTY COi\DITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: T/2/,1 dc.e-} w 12 1 a"' -I JL 8v C( 7 h, e L e--1.. , J.. c: ., L £J n .,, , Ii e.,/ l .t:J J 4 ~ er t?c,..,, '{J , • J"' -~ ~. I £:? , .. lo/Br lu11y clo .L /VC,r,P CL up/'/~Nl.t vii- (attach additional sheets if necessary) a.. />-r ~<!---.rd v.4,,,,=,-,- /' u .. c_. h ,t::?.n. It:) ; ✓. ~1 q </~~--\l : ·I •. I •"J,; -· \-=.-i,< HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House ______ x Length B. Garage X X X X Width C. Driveway -~~----~~: ~_r __ m_o_l,~ D. Sidewalk _/J_f\/_y,__V /2 O.JVJ ~.J X /1.../ E. Patio/Deck F. Landscape e_,y JJ TJ-v) Underlain By Plastic /2 t: ti) e_ G. Other X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE my A A ...,_ B ...,_ B _____ X 100 X 100 ----- PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A Length Width X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B ·, t~';.;.~) ,~.. ·:-="~ (~,~» 500-1000' S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ;, , _, ;_1.£ _,,.. S.F. 1/ S.F. S.F. S.F. A S.F. B % % 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. A S.F. B % 12 HAR 'O~ALCULATION WORKS: ET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE Width A A B + B _____ X 100 = _____ X 100 = PROPOSED HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other Length X X X X X X X X X X X X X X Width TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE A _____ B .-' - r- 1 /'' .i :,::-~--.. -- / • I er..;::.:,/ X 100 = ______ S.F. ______ S:F. ______ S.F. ______ S.F. ______ S.F. ---'-'-----S.F. ______ S.F. ______ S.F. ______ S.F. __ 9-=-(o __ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. A ______ S.F. B ______ % ______ % ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. _ __:..CJ=(,;, ___ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. ______ S.F. A ______ S.F. B =------=--% ~­// ' . f (' ----~·, CITY of ORONO October 17, 2002 Scott & Irene Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. & Mrs. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On 7 /18/02 this office reviewed your after the fact permit application for replacement of a deck on your property. You were notified at that time that the deck replacement was in violation of the City Ordinances. The City required removal of the deck or submission of a variance application to seek City Council approval. As of this date the issue remains umesolved. Therefore the City must again require you to remove the deck or to submit a variance application. A deadline of 11/01/02 has been established. If this deadline is not met the City will initiate legal action. A court appearance will be required. If you have any questions feel free to contact me at my office. Sincerely, ~f~ Lyle Oman Building Official Rd Enclosure Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO November 15, 2002 S. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 RE: Boathouse Deck Dear Mr. Standa Street Address: 2750 Kelley Parkway Orono, MN 55356 This is in response to your letter of November 4t\ 2002. Municipal Offices A Review of your street file shows the following chronology: Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 o 6-25-2001 Inspector Marc Davis leaves inspection notice stating a permit is required for deck replacement. o 7-11-2001 Marc Davis sends letter requesting removal of the deck or contact Building Department. o 7-12-2001 City received permit application-no check attached (Permit Fee is required when permit when permit is issued). o 7-18-2001 Letter from me informing you that no structures are allowed within 75' of lake and a variance would be required to keep it. A variance application was included. o 10-17-2002 Letter from me explaining the issue is unresolved. The City requires Building Permits for constructions of decks per Orono Municipal Code Section 12.02. The City does not allow structures within 75' of the lake per Orono Municipal Code Section 10.56 subd. C. Once a structure is removed; replacement structures are required to meet current zoning code requirements. The City has received your variance application. If you have questions about the variance process please contact Wendy Bottenberg, Zoning Administrator/Planner. If you have questions for me please feel free to contact me at my office. Sincerely, <2f+(Q_,_ Lyle Oman Building Official LO/dml Enclosures Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO Street Address: . 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION December 19, 2002 Mr. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 SUBJECT: Zoning Application #02-2858 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within ten (10) business days as to the status of your application for an after the fact variance for property located at 2659 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: , o 2 original surveys, (certificate of survey, signed by licensed surveyor) of an updated survey indicating the location of the lakeside deck on the property. o All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. / A certified property owners list, mailing labels, and plat map of all property owners · within 150' of your property. You can request these items from the Hennepin County Department of Finance at 612-348-5910. Application #02-2858 is incomplete. If you wish to proceed with your application please submit the items requested above by Tuesday January 8, 2003 to remain on the January 22, 2003 Planning Commission agenda. Please call me at (952) 249-4600 should you have any questions. Sincerely, l LLL i itl cg -/3.;--ttc iL (j&/{J- Wendy Bottenberg Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us May 2, 2003 Scott & Irene Standa 2659 Casco Point Road Wayzata, JvfN 55391 Street Address:" 2750 Kelley Parkway Orono, MN 55356 RE: Boathouse Deck at 2659 Casco Point Road Dear Mr. and Mrs. Standa: . Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On 7 /18/02 this office reviewed your after the fact permit application for replacement of a deck on your property. You were notified at that time that the deck replacement was in violation of the City Ordinances. The City required removal of the deck or submission of a variance application to seek city Council approval. As of this date the issue remains unresolved. Therefore the City must again require you to remove the deck or to submit a variance application. A deadline of 5/21/03 has been established. If this deadline is not met the city will initiate legal action. A court appearance will be required. If you have any questions feel free to contact me at my office. Sincerely, Planning Director Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us CITY of ORONO September 26, 2003 Scott Standa 2659 Casco Point Road Wayzata, MN 55391 Street Address: 2750 Kelley Parkway Orono, MN 55356 SUBJECT: Zoning Application #02-2858 Dear Mr. Standa: Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is to notify you as to the status of your application for an after-the-fact variance for deck replacement on your property located at 2659 Casco Point Road. Our preliminary review indicates that your application is considered complete now that the survey and hardcover calculations have been submitted. Your application is scheduled to appear before the Planning Commission on Monday, October 20, 2003. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available to attend the meeting. You will be mailed a staff report regarding your application prior to the meeting date. Please call me or one of the City Planners at (952) 249-4600 if you have any questions. Michael P. Gaffron Planning Director cc: Melanie Foth, City Planner Janice W aataj a, City Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us RUN DATE 12/23/02 BATCH 501 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 23 0001 02683 CASCO POINT RD G J ERICKSON & SF ERICKSON GERALD J & ~ANDRA F ERICKSON PO BOX 584 WAYZATA MN 55391 38 20-117-23 23 0022 02659 CASCO POINT RD S S STANDA & IS STANDA S S STANDA & IS STANDA 2659 CASCO POINT RD WAYZATA MN 55391 38. 20-117-23 24 0029 02649 CASCO POINT RD JULIANNE M SCHERVEN JULIANNE M SCHERVEN 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0039 02648 CASCO POINT RD J W & BJ ESSEN JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 20-117-23 23 0020 02677 CASCO POINT RD AD KLUIS & S V KLUIS AD KLUIS & S V KLUIS 2677.CASCO POINT RD WAYZATA HN 55391 38 20-117-23 24 0002 02660 CASCO POINT RD FL HAIR & DE HAIR CO-TRST FLOYD L HAIR & DIANE E HAIR 2660 CASCO POINT RD WAYZATA HN 55391 38-20-117-23 24 0030 02645 CASCO POINT RD NJ GREENE & AK GREENE NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATA MN 55391 TOTAL BATCH 501 00010 PAGE l 38 20-117-23 23 0021 02665 CASCO POINT RD. CR SHUTTS & MB SHUTTS CARL R & MARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA HN 55391 38 20-117-23 24 0003 02684 CASCO POINT RD D L RUNKLE & L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0031 02635 CASCO POINT RD MARILYN B THORNE MARILYN B THORNE 2635 CASCO POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN·ACCURATE AND TRUE REPRESENTATION OF-INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. Q-< ~ DATE ~-.,,Jft'~y1yd: v0c/ {/ ~ . !.{~:, '4" fl 't •· ) >1 .. J ff ,,:~\ .. -"_,~·;-:.), ;, \"j/ . ,,·-1 ~ /1'.'', ,{, "'~:~',:>'-, \~~ii~ C-~4~}) ' ., ~ ' ( Adjacent Property Owners' Acknowledgement Form </2_1 /, ;_, J:_ ~ C YVC-v'JcJ iv )_,)L, I (we) Po,__, I Jos1-v ,;. Jc of ,;2..t, yz: C« /L-1 I{. , ~/ [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2-G;:>Jy C.uc,,J I?. Rd also referred to as Land Use Application No. ---- I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date 10-~ci-0~ Property Owner Date ****************************************************************************** I (we) C ,o .--Io ~I In ,a ,.,. , ly'>< J, I 4 Tr .5 of __ .;l..._C._{,_9'_C_u~J_£-_t_ll_·r_•_/c __ ~d_. __ [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2W'"7' C«-rc/; fr. (f'.I also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ',, _ _Q~ _s:_ ~ /o --:So -o ·~ -------Property Owner Date f o -3c1 -a J.. ( 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. ly/1 ,.~_ .. ;,.. -\t.:_·~.',·· ,c_f~~-t:?~~ r:,~"'.":f/ 1~\ ~~ W~i ~1·-.. ":'.·.::--::.· ..... :-/ ~ .. -, ·;,-.;; 'C· ,.,/:•·• ',., ·--. . ,:,,_., ., .. ,<:,, . 1::1~ f~ i~t: .. :~~) (~J 0 1 8 @ 2 . , TORRENS CASE16624 Parcel ID 2011723230022 House Number 2659 " ' ' 'i (1) Street Name CASCO POINT RD ,, ,, , ,, (2) 4 (3) ;, I 5 'i V ,,. V' 1 KASTE COVE (42) ~ 1 262.24 NB9'35'W, CASCO POINT RD ® 251.5 (25) I This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources. -~ --------, 1----~~~ ~ ~ ~w~ M ~ __ '70 'iJ7;ttf ~ ~~~ /f\f -w,,~a--F-- .~ R,eY¥ol/feb. - --J ,-~--w~ el1r(l1/J~~D~ (__4 ~1l"O-pjf-.1.~l.fJ~P ---- -e,A~\~1/f5 ~-/0 gtt£ C@Nc._, ~ ~,,ft - -~ I ~ ca0c. ~u..e. e.,"i)~W}6 ~-- ~-IH ------M~ ~+-t -®&~TD ~ ;'SiTo ~fWS /,,J~ - ~w~ ---· .• CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952)249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Par!r.-ay on Monday, October 20 , 2003, begirning at 6 :00 p.m . on the matter of revie1S ing the following land use applications : 1 . #02-2858 Scott Standa 2659 Casco Point Road , LR-1C zoning district requests after-the-fact hardcover and set­ back variances for replacement cl a deck located within the 0-75' lakeshore setback zone . 2. #03-2866 Judy and David Zeschke, 5 . #03-2928 Michael R. MischRe, 1972 Shadywood Road , LR-1 C zoning district, requests hardcover, side setback and rear yard setback variances for construction of an attached 2-stall garage and additional living space. · 6. #03-2934 Jason Bliss, owner of 3445 Crystal Bay Road, LR-1C zoning district, requests variances to lot area, lot width , structure setbacks ,-and hardcover to allow construction of a new residence on the property. 7. #03-2935 Scott and Kara Hutton, 1835 Shadywood Road, LR-1 C zoning district, request a hardcover variance to allow a 10' x 12' shed in the 0-75' lakeshore setback, replace an existing deck and add a stairway. 2040 Shadywood Road , LR-1 C zoning 8. #03-2941 Paul Cady, 465Turnham district ,have filed for an adm inistrat ive Road, RR-1 A zoning di.strict, re~uest ,a appeal regarding the remoyal of hartfco119!: ..:.COni:Jitiop;;il use .permit.Ip ··"onstruc\ 'a barn in the 0-75' lakeshore · se ibacf-zone -on·a through lot required by Resolutio n No. 4929 adopted by the City Council on February 24, 2003. 3 . #03-2917 Winfield and Nancy Stephens, 350 Crestview Avenue . LR-1A zoning district, request a variance to per­ mit additions to the existing res ider.ce con­ stituting additional structure wilt-Jr. 75 ' of Stubbs Bay Creek where struc:ure or hardcover are normally not alloww ; con­ stituting hardcover within the 75'-2:50' zone in excess of the 25% normally allowed; requesting a front setback of 30' "Nhere a 50' front setback is normally req,.Jired , a side setback of 1 O' where a 30' setback is normally required, and a rear setback of 30' where a 50' setback is normally required. 4 . #03-2923 Steva n Wagner. 3607, 3609 Shoreline Drive , 8-1 zoni ng district. request a commercial site plan revi ew, hardcover variance and sign setback vari­ ance to conduct improvements on the site consisting of a remodel and additions. 9. #03-2950 David & Tara Gross, 2635 Countryside Drive W , RR -18 zoning district, request an after-the-fact side yard setback variance to permit a 35' x 65' sport court. 10. #03-2951 Judith & James Pierpont, 1849 and 1801 West Farm Road, LR -1 A zoning district, request a subdivision of a lot line rearrangement. 11 . #03-2952 Greg Tripp, 3229-C Casco Circle, LR -1 C zoning district, requests hardcover, average ·setback, front yard and side yard setback variances to re­ ori_ent the roof of the existing residence. 12. #03-2953 Raymond & Nylene Newkirk, 1489 Shoreline Drive , LR -1A zoning district, requests lot area, lot width, and hardcover variances to construct a new residence on the property. 13. #03-2954 Howard R., Ill & Lisa Affidavit _;· Publication Alton, 1635 Concordia Street, LR -1 C zoning district, request a hardcover vari­ ance to add 1,000 square feet of patio wilhin the 75'-250' lakeshore zone, result­ ing in hardcover in excess of that normally allowed. 14. #03-2955 Michael Palm , 710 Big Island, RS zoning district, requests an average lakeshore setback variance to · construct a 700 square foot seasonal dwelling where the entire lot encroaches the defined average lakeshore setback . 15.#03-2956 Hossnpat Construc-tion,. 849 Brown Road North, RR -1 B zoning cistrict, requests a variance to encroach 62' into the average lakeshore setback for the construction of a new home on a lei acijacent to Dickey's Lake . ty of Hennepin. on oath, says that he nd employee of the .per known as THE 5ota , and has full h are stated below: omplied with all the ·! qualifications as a Dvided by Minnesota and other applicable 16. #03-2957 Joseph Thies , 1180_ Willow Drive, RR -1 B zoning district, requests side and rear yard setback vari-, .·• ances to construct a detached. garage .. i,, 1=!> e 17. #03-2958 Judd Daylon, own~r iii" ·'l 2885 Little Orchard Way , LR-1A zoning 0Strict, requests renewal of a variance _to Applications allow relocation of an existing barn within a property that has n6 principal residence structure. from the columns of printed and published All persons wishing to be heard are success·1ve weeks. encouraged to attend this meeting. _ Written comments are accepted and should be submitted to the City of Orono by October 13, 2003. Plans are available Jrday for review in the City Offices. For an appointment, please call (952) 249-4600._ City of Orono By : Planning Commission _b_e_r ___ 2003, j Mike Gaffron , Planning Director !d and published (Published in The Laker and Pioneer icluding Saturday, Oct 4. 2003) . I · ,-----2003· . 1 L~, ~rizedAgerrt Suscribed and sworn to me on this ,tt'~ KRISTI HOLM ' 1t9H:11 i~OTARY PUBLIC -MINNESOTA ~ ~-c:.'3-i;?J Vy v 0 ,,,,;s~io n Expires Jan . 31, 200:i ~!i, -~-,,,-~·-· · "''~~~~~;:x::±:02~.:.;7.~-~ _,¾-=-mrunntoi'iffa11on (1) Lowest classified rate paid by commercial users for comparable space: $15 .50 per inch . (2) Maximum rate allowed by law for above matter: $15 .50. (3) Rate actually charged for above matter : $7.96 per inch. Each additional successive week : $5 .79. CITY OF ORONO 2750 Kelley Parkway, P.O. Box Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission wit public hearings in the Orono C, Chambers at 2780 Kelley Parkw, Monday, October 20, 2003, beginn 6:00 p.m. on the matter of reviewir following land use applications: \ See 2004 Triton snowmobile Trailers 1. #02-2858 Scott Standa, Casco Point Road, LR-1C zoning c requests after-the-fact hardcover an back variances for replacement of a located within the 0-75' lakeshore S€ zone. · courtesv or Mullen , -l 2. #03--2866 Judy and David Zos 2040 Shadywood Road, LR-1C z, district.have filed for an administI appeal regarding the removal of hard,· in the 0-75' lakeshore · setback · required by Resolution No. 4929 ad< by the City Council on February 24, :e 3. #03-2917 Winfield and Stephens, 350 Crestview Avenue, zoning district, request a variance mit additions to the existing stituting additional structure within Stubbs Bay Creek where hardcover are normally not allowed; stituting hardcover within the 75'-250' in excess of the 25% normally all requesting a front setback of 30' wh 50' front setback is normally require side setback of 1 O' where a 30' setba normally required, and a rear setbac 30' where a 50' setback is norm required_ 4. #03-2923 Stevan Wagner, 351 3609 Shoreline Drive, B-1 zoning distr request a commercial site plan revi hardcover variance and sign setback v ance to conduct improvements on the consisting of a remodel and additions. Mann:._,,"'ver1;J':'. 6 -• --~ "' ~j ! -. Affidavit ll( Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the _4 __ day of October 2003, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2003; ~ Suscribed and sworn to me on this KRISTI HOLM i~OTARY PUBLIC-MINNESOTA W.y Cc:111;,;s~ion Expires Jan. 31, 200S , . ~~rhiorrii;-ffcfn?:Zu®?ZU _.,,_ ::' (1) Lowest classified rate paid by commercial users for comparable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.96 per inch. Each additional successive week: $5.79. STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #02-2858, as mailed to the attached list of property owners. In Witness Whereof, I have hereunto set myrd and seal this 8lli day of October, 2003. 4~ Denise M. Leskinen I / CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley Parkway on Monday, October 20, 2003, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: 1. #02-2858 2. #03-2866 3. #03-2917 4. #03-2923 5. #03-2928 6. #03-2934 7. #03-2935 8. #03-2941 9. #03-2950 Scott Standa, 2659 Casco Point Road, LR-IC zoning district, requests after-the-fact hardcover and setback variances for replacement of a deck located within the 0-75' lakeshore setback zone. Judy and David Zeschke, 2040 Shadywood Road, LR-IC zoning district, have filed for an administrative appeal regarding the removal of hardcover in the 0-75' lakeshore setback zone required by Resolution ~o. 4929 adopted by the City Council on February 24, 2003. Winfield and Nancy Stephens, 350 Crestview Avenue, LR-IA zoning district, request a variance to permit additions to the existing residence constituting additional structure within 75' of Stubbs Bay Creek where structure or hardcover are normally not allowed; constituting hardcover within the 75'-250' zone in excess of the 25% normally allowed; requesting a front setback of 30' where a 50' front setback is normally required, a side setback of 1 O' where a 30' setback is normally required, and a rear setback of 30' where a 50' setback is normally required. Stevan Wagner, 3607, 3609 Shoreline Drive, B-1 zoning district, request a commercial site plan review, hardcover variance and sign setback variance to conduct improvements on the site consisting of a remodel and additions. Michael R. Mischke, 1972 Shadywood Road, LR-IC zoning district, requests hardcover, side setback and rear yard setback variances for construction of an attached 2-stall garage and additional living space. Jason Bliss, owner of 3445 Crystal Bay Road, LR-1 C zoning district, requests variances to lot area, lot width, structure setbacks, and hardcover to allow construction of a new residence on the property. Scott and Kara Hutton, 1835 Shadywood Road, LR-IC zoning district, request a hardcover variance to allow a 1 O' x 12' shed in the 0-75' lakeshore setback, replace an existing deck and add a stairway. Paul Cady, 465 Turnham Road, RR-IA zoning district, request a conditional use permit to construct a barn on a through lot. David & Tara Gross, 2635 Countryside Drive \V, RR-lB zoning district, request an after-the-fact side yard setback variance to permit a35' x 65' sport court. 10. #03-2951 11. #03-2952 12. #03-2953 13. #03-2954 14. #03-2955 15. #03-2956 16. #03-2957 17. #03-2958 Judith & James Pierpont, 1849 and 1801 \Vest Farm Road, LR-lAzoning district, request a subdivision of a lot line rearrangement. Greg Tripp, 3229-C Casco Circle, LR -1 C zoning district, requests hardcover, average setback, front yard and side yard setback variances to re­ orient the roof of the existing residence. Raymond & Nylene Newkirk, 1489 Shoreline Drive, LR -lA zoning district, requests lot area, lot wid~ and hardcover variances to construct a new residence on the property. Howard R., III & Lisa Alton, 1635 Concordia Street, LR -lC zoning district, request a hardcover variance to add 1,000 square feet of patio within the 7 5 '-250' lakeshore zone, resulting in hardcover in excess of that normally allowed. Michael Palm, 710 Big Island, RS zoning district, requests an average lakeshore setback variance to construct a 700 square foot seasonal dwelling where the entire lot encroaches the defined average lakeshore setback. Hossnpat Construction, 849 Bron-n Road North, RR-lB zoning district, requests a variance to encroach 62' into the average lakeshore setback for the construction of a new home on a lot adjacent to Dickey's Lake. Joseph Thies, 1180 \Villow Drive, RR-lB zoning district, requests side and rear yard setback variances to construct a detached garage. Judd Dayton, owner of 2885 Little Orchard Way, LR-lA zoning district, requests renewal of a variance to allow relocation of an existing barn within a property that has no principal residence structure. All persons wishing to be heard are encouraged to attend this meeting. Written comments are accepted and should be submitted to the City of Orono by October 13, 2003. Plans are available for review in the City Offices. For an appointment, please call (952) 249-4600. City of Orono By: Planning Commission 1 .Ja;1u1-!AJ 1ud-r1ti1-·i /J J tVv1 GV -w ~l) L t; ?'t/l'71YL Mike Gaffron, Planning in{ctor To be published the week of October 4, 2003 Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office 2 Navarre Post Office 3 RUN DATE 12/23/02 BATCH 501 PROP ADDR OWNER NAME TAXPAYER ·NAME/ADDR PROP ADDR OWNER NAl1E TAXPAYER NAME/ADDR PROP ADDR OWNER NAl1E TAXPAYER NAME/ADDR PROP ADDR OWNER NAl1E TAXPAYER NAl1E/ADDR 38 20-117-23 23 0001 02683 CASCO POINT RD G J ERICKSON & SF ERICKSON GERALD J & ~ANDRA F ERICKSON PO BOX 584 WAYZATA MN 55391 38 20-117-23 23 0022 02659 CA~CO POINT RD S S STANDA & IS STANDA S S STANDA & IS STANDA 2659 CASCO POINT RD WAYZATA MN 55391 38. 20-117-23 24 0029. 02649 CASCO POINT RD JULIANNE 11 SCHERVEN JULIANNE 11 SCHERVEN 2649 CASCO POINT RD WAYZATA MN 55391 38 20~117-23 24 0039 02648 CASCO POINT RD J W & BJ ESSEN JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA HN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI435401 38 20-117-23 23 0020 02677 CASCO POINT RD AD KLUIS & S V KLUIS AD KLUIS & S V KLUIS 2677.CASCO POINT RD WAYZATA 11N 55391 38 20-117-23 24 0002 02660 CASCO POINT RD· FL HAIR & DE HAIR CO-TRST FLOYD L HAIR & DIANE E HAIR 2660 CASCO POINT RD WAYZATA MN 55391 38, 20-117-23 24 0030 02645 CASCO POINT RD NJ GREENE & AK GREENE NORMA GREENE & ALAN GREENE 2645 CASCO POINT ROAD WAYZATA MN 55391 TOTAL BATCH 501 00010 PAGE 1 38 20-117-23 23 0021 02665 CASCO POINT RD. CR.SHUTTS & 11 B SHUTTS CARL R & MARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA 11N 55391 38 20-117-23 24 0003 02684 CASCO POINT RD D L RUNKLE & L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0031 02635 CASCO POINT RD MARILYN B THORNE MARILYN B THORNE 2635 CASCO POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN·ACCURATE AND TRUE REPRESENTATION Of.INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ ~ DATE ~c/'@~y Saa . ~. (''.< ., '( '-· <,# ,: ··>·)·, ,'; ... {~?,::0~)'"' , '\?! . Ft ",f1':-~•l,' ,\' i:i.: ,,,.A­-.....,;,,•.,.. "'"-' ( ~ .,r, r•1•, ~-.,~~\ ,;- .. Zfi ~ ~ CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 _Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Planning Commission wilt hold public .hearings in the Orono -Council · Chambers at 2780 Kelley Parkway on Wednesday, January 22, 2003 , beginning at 6:30 p.m . on the matter of reviewing the following land use applications: . . · 1. #02-2855 Sharratt Design , on behalf of 450 and 480 Orono Orchard Road, requests to renew a variance/con­ ditiorial use permit to permit construction of a guest hoyse on a ·13 .5 acre property iri the RR-1B (2 acre-Single Family Rural Residential zoning district). . 2 . #02-2856 Andrew and Tracy Rascher,. · 4705 North Shore Drive, request variances to permit replacement of an 8' x 36' deck attached to the resi­ dence that encroaches into the average lakeshore setback, to allow structure with­ in 75' of the OHY,.,L of Lake Minnetonka, and to allow hardcover within 75' of the lakeshore. - 3 . #02-2857 · Cynthia Piper, 1125 Spring Hill Road , requests a conditional use permit to permit a guest apartment within the primary residence. . 4 . #02-2858 Scott Standa, 2659 Casco Point Road , requests after-the­ fact variances to permit replacement of an 8' x 12' d eck attach ed to a boathouse within 75' of the lakeshore . 5 . #02-2859 Blake anct Mary Bichanich, 332 Westlake Street, request variances to permit new residential con­ struction on the property located in the LR--1A zoning district with a lot area of 60,984 s.f. (1 .4 acre) where 2 acres is required, lot width of 100 feet where 200' is required , and side setbacks of 12' and 19.3' where 30' is required . 6. #02-2860 Sunstate Concepts, _ Inc., 1955 Heritage Drive, requests vari- ances· to permit new residential construc­ tion on the property located in the LR-1 A . zoning district with a lot area of 43,560 s.f. (1 acre) where 2 acres is required and a · . side yard setback of 23 .7' where 30' is required . . • 7 . #02-2861 Erik Thompson, 1940 .Concordia Street, requests variances to permit construction . of a second story · above the existing residence on the pro~ erty located 'in the LR-1 A zoning district with a front yard setback of 12' where SO' is required'. _ 8 . #02-2862 Steven Gronwall, 1586 Long Lake Boulevard, requests vari-• ·l ances .to permit construction of a ne~ ', ,: . garage and living space above it cin the property located in the LR-1 A zoning dis-. trict with a side yard setback of 15' where 30' is required and side yard. adjacent street setback of 3' where 50' is requirecl . 9. #02-2863 . Richard Kail , 3753 Casco Avenue , requests variances · to · permit new residential construction on the property located in the LR-1 C zoning dis­ trict with a lot area of 16,095 s.f. (.37 acre) where 1/2 acre is required, and lot cover­ age by structures of 2,856 s.f. (17.]%) where 2,414 .25 s.f. (15%) is allowed. 10. #02-2864 . Josephine Carperiter, • -' 480 Russell Avenue, requests variances to permit construction of a detached garage closer to the front property line · than the principal resjdence . . _ .. · All persons wishing to be heard are encouraged to attend this meeting. '.\ Written comments are accepted · and should be· sut,m itted to the City of Orono · ' by January 11 , 2003. Plans are available . in the City Offices. For an appointment, please call (952) 249-4600 . · · City of Orono By : Planning Commission Wendy Bottenberg, Zoning Administrator/Planner .(Published in The Laker & Pioneer" Jan . 11, 2003) ' AffiQdVit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. · B.) The printed Land Use Applications which is attached was cut from the columns of said newspaper, and was printed and published once each week for 1 successive weeks. It was first published Saturday the 11 day of January 2003, and was thereafter printed and published every Saturday, to and including Saturday, the __ day of _______ 2003; ~~fk Suscribed and sworn to me on this _u_ day~of r-~ __ J_7-t-n_u_a_r_y..__ __ , 2003. By : / JlttnJ Notary Public KRISTI HOLM NOT ARY PUBLIC -MINNESOTA ··'i ~:.:•·•·, . My (.;ommission Expires Jan. 31, 2005 :~?::;.·ae?~'":"'"Q~:.:··~ ~~~'2:c.c-"?.:~~~3.!..-a---~.5-=_: · °:".'-:; Rate Information (1) Lowest classified rate paid by commercial users for comparable space : $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7 .96 per inch . Each additional successive week: $5 .79. CITY of ORONO Street Address: . 2750 Kelley Parkway Orono, MN 55356 Municipal Offices REQUEST FOR FURTHER INFORMATION December 19, 2002 Mr. Scott Standa 2659 Casco Point Road Wayzata, MN 55391 SUBJECT: Zoning Application #02-2858 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City of Orono is required to notify you within ten ( 10) business days as to the status of your application for an after the fact variance for property located at 2659 Casco Point Road. Below is a list of items the City of Orono is requesting to complete our review: , o 2 original surveys, ( certificate of survey, signed by licensed surveyor) of an updated survey indicating the location of the lakeside deck on the property. o All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. A certified property owners list, mailing labels, and plat map of all property owners within 150' of your property. You can request these items from the Hennepin County Department of Finance at 612-348-5910. Application #02-2858 is incomplete. If you wish to proceed with your application please submit the items requested above by Tuesday January 8, 2003 to remain on the January 22, 2003 Planning Commission agenda. Please call me at (952) 249-4600 should you have any questions. Sincerely, l V--L i 1/,{ 1g' fi--ftclc/_)£ !Cj~ Wendy Bottenberg Zoning Administrator/Planner Telephone (952) 249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us ., .a...o~··"::. ' ,_.,., \\ o o\, \\ . \\ i' .. ·,, l) 1\..-; ·/;\\. !; \1 !,/ '.1!' f>.t1 \\'¢.. \~;.1-.... / ll ~; \\'<$> .,, .. ·1/.:,, ,, ,.4:-,1! \~ <4:t(;~~~~~v/ CITY of ORONO P.O. BOX66 CRYSTAL BAY. MINNESOTA 55323 J Mr. Scott Standa 2659 Casco Point Road Wayzata, MN 55391, (,:t·'""( ''I. l·,,_:. d -·r-u.s.,-0;r,; .. ;.,:·1: ti O "7 ·7 : "-' .,_ :) I .,I ::::: . ., -, . J" . r. 1, ~~,·---·····--· ' **t]METEA*4 1 1\ .1102747 Application # O J_ -axsz Date Received la -IQ ,. 9d Amount Paid.@ , Oo/ CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 2LS-°t C.asL,0 f\. f2 ,J lA I P .... (l. OJA SS3Ci I Property Identification Number (P.I.D.) 2 o -/17-23-123 -00 l 2- Attach legal description to application if not included on required survey. Date Pr~cquired ___ q~\~B=r-____________ (month/year) I (do) ~lso own the adjacent parcels of land . Present use of property: ___l,L)'esidential __ other (specify) ---------- Zoning District:_LQ~~-_(_~~----------------------- APPLICANT Name ~rrJr,o...,c,q Address: · 2 "J7 Cc., c,..,1 f'., . R ,/. City: Phone (home) 9.r 2--V71-J</77 Phone (work) 9J'-Z -1/'"Jt -t3 7£ w b'-/ 2,;P r a Zip: Sf" J''d , OWNER (if different than applicant) Name Phone (home) _______ _ -----------------Phone (work) -------- Address: -------------City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ 9 tJ<J, p,j Describe request . detail: e <:.-~ I t:>t: ~ D cl C, c..-lc Q f\, 8 0 IP'f ~. 4.JL -<./ ;;LtJIJ/. "h e ~ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback: Front Side Hardcover Rear __ Lot Coverage Average Lakeshore HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: NON f--/'Pe,;P l-e~ L ✓ f'.X;✓ r ;v /3pp-r},uu~e. cle-.c-k lo fPh1~-olur·i e v,,,,..., fa..J c;/if, 6 REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. - Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-5910). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8 ½" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 "). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The appli(?ant hereby agrees to provide all information required· or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. i I Applicant's Signature _.::,,..~_.::,..~~"--"~L.di!!~a:.&=----Date / tJ /42 7 /,,,1 L ' OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature <J.' ~~ Date ---'--,1----,t.'--..:::;._-­ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 7 Adjacent Property Owners' Acknowledgement Form J{,7 /, c J-: 1J C'. .,. vcv"Jc J iv)"'},:._, I (we) Pc, L; I JoJ Lv 1,,, Jc of ,;2.. t, Yf C « ;.__v Pr . , ~ / [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at cfuJy C-1'.cc/ 4. R J also referred to as Land Use Application No. ---- I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Date Property Owner Date ****************************************************************************** I (we) Co,,../ o~I In to ,-1 I/" J, £4 TJ.5 of __ .;l.._C_l_-_9'_C_u..::.J-=-t,.,;_1_/l_"r_-_;,IP,,,:;;,·,=d-'---- [print name( s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2G~ C«,u,; r;-. tf./ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. / o -;:__,o --o ··<---.. Property Owner 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. 8 HAR :OVER CALCULATION WORKS: :ET SETBACK ZONE: (CffiCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X S.F. ------ Length Width X ______ S.F. X S.F. ------ X ------S.F. B. Garage X S.F. -------/1/0 r /J?O C. Driveway J_, KJ X , ______ S.F. X S.F. ------ D. Sidewalk S.F. y p;' .--r /U ------ ------S.F. E. Patio/Deck f7 JO ,,,,.. P = -/.J:?e,/e P ,a r-J r ..L r S.F. ------ JJ )f.1t> l F. Landscape x S.F. ~nd;~la~ L/J~ .... 4t,_'x~.;..·-J"lt::' ==::~,.q~t:;:::;:z;;=::.~vl--' ,r".'""'.U~/=?r-~,-~:UJ!Jj.✓~::: y ast1c /-,-,~uf-J!·~J-('-~--L>t::r;t;~ <✓ A, r-,.J -'-" L_ -=------S.F. I P-r G. Other X S.F. ------ TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % A B X 100 % PROPOSED HARDCOVER IN ZONE A. House X S.F. Length Width X S.F. X S.F. X S.F. B. Garage X S.F. C. Driveway X S.F. X S.F. D. Sidewalk X S.F. X S.F. E. Patio/Deck X S.F. X S.F. F. Landscape X S.F. Underlain X S.F. By Plastic X S.F. G. Other X S.F. TOTAL HARDCOVER IN ZONE S.F. A TOTAL PROPERTY AREA IN ZONE S.F. B A B X 100 % 12 L D l L ( <3 0 'I) \ cJ e-<--le ~ T~c_ IV oj c., L_ o ,,, c} <J -i Q {) -I I I L. i \~ O lA .I.\ ~ ~.o .. .:r, , (c\,.l,d h 3 I X ~ " Lf\/ ) !) ~ ', J {., CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non-conforming structures $250.00 After-the-Fact Fees (Double application fee) Application# 61 -c97 /.).. Date Received ~, -,q ~O/ Amount Paid ----- ; ; v• 1 JI 2u~111 f~\.JL, L~ iJ C\TY OF ORONO PROPERTY INFORMATION Site Address c)_' S-? C11..1J.--1 /?r • /CJ. WPy) ~ T&>,, }y)w .F.J-..?'i / Property Identification Number (P.I.D.) -------------------Attach legal description to application if not included on required survey. Date Pr~cquired 9 /f:J_,/ (month/year) I (do) ~ also own the adjacent parcels of land. Present use of property: ,/ residential __ other (specify) _________ _ Zoning District: __________________________ _ APPLICANT Name ~ SC/rr b-~ ~ Address: Zlf'i CILJ<. I fr. ei O\VNER (if different than applicant) Name W 7 Address: ------------- Phone (home) 9rz-<;71-0'-177 Phone(work) CJrz-97i-137.b City: a rP IV p Zip: .r.rJ~ I Phone (home) _______ _ Phone (work) _______ _ City: ________ Zip: ___ _ DESCRIPTION OF REQUEST Estimated Construction Cost $ _ __,_Q-=o-=-D_,_t~D __ _ Describe request in detail: _....;:f2~c-c....i:::.-~~"'7---::-=...J.,,.,<LL...,'-d--~~=-o""'-----'"------"'O_c-'-. ,(_,___:;;;:.l=--- ---"e......=-c.-'---=t:>....;:e-=..:..r_lT"\-----=4~1...t...=-......,_..!..P--""--"-"e.-"'-_ ---=--'-'-:.e....::..:.:...,.--'-"--'....__~__.."-'=_"""c:.,'-"'t"~--=--"'-='--"""------JL-...0!...=..:..:c=--"'-' ... '1'., - (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Setback: Front Lot Width Hardcover Side Rear ~ther (specify) re(_ e ) Ot ('., ex: UT 'O cl e..vt: 0) ~ ,:.,;:J ) "'-" - __ Lot Coverage Average' Lakeshore HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: 7/2 1J c/<?.. ('.,... f w 12 1 a"' -I Jc.. !jvq7 ,i,uJe... L,,_.1 J..c,.... I f?nY< ~e.,/t..CJ J4. /?<lf?<'-,v'(J (attach additional sheets if necessary) a.. / r>-,, /',!_..--r<:J v.4..,..-r ' ; i;::JJ ✓'-' _z-/? u .. c_ /2 ;::u~,:) ✓-✓ ~e. ,L)t7)JC ).ll !J j?JL T/,,/;c., HAR OV~ALCULATION WORKS. ET SETBACK ZONE: (CIRCLE ONE) ~ 75-250' 250-500' EXISTING HARDCOVER IN ZONE A. House ______ x B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain Bi Plastic G. Other A A Length X X X X X X X X X X X X X x. Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B B _____ X 100 = X 100 ----- PROPOSED HARDCOVER IN ZONE A. House X B. Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Other A l _. ,~ ... Length X X X X X X X X X X X X X X Width TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B _____ X 100 :;.··_... tf~---~:::_--_.) 500-1000' S.F. ------ ______ S;F. S.F. ------S.F. ------ S.F. ------ S.F. ------S.F. ------ S.F. ------S.F. ------ 9(o S.F. --~--- ------S.F. ______ S.F. S.F. ------ ------S.F. S.F. ------ S.F. A ------S.F. B ------ % ------ % ------ S.F. ------ S.F. ------S.F. ------S.F. ------ S.F. ------ S.F. ------S.F. ------ S.F. ------S.F. ------ 9~ S.F. ---'--'----- ------S.F. S.F. ------S.F. ------S.F. ------ S.F. ------ S.F. A ------ ------S.F. B % .,.-:-:::=_ -,--~ -----=-- // I CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices DATA PRIVACY ADVISORY Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Address {A..,/ P t/ L c> T ,.o City 1 I understand my rights as stated above. JJ"~~ Signature j".r);v State Last Telephone (612) 249-4600 • Fax (612) 249-4616 /J2 ~y 7Fdl/ 71 Phone 9 Hennepin County Taxpayer Services Department 2 0 S:''t,:;~~;;l /~ TORRENS CASE 16624 11 (31) 2o-117-::23- " ' ' 'i (1) '' ,, (2) (3) ' :, ' 5 'i (4) V V' 1 KASTE COVE (42) ~ 1 262.24 NB9'35'W :i. CASCO POINT RD ,, DOC NO 2931404 4 25 1.5 (0 ~ (25) ~'1t~~ .. }J ,, .:':_;_· .•, i:_-.~;:'-~?-~----"~,.·:_~~1·., ·. ~'.\~~t',f\ ~ . ~ U ~--~-, -,,;...,_:, -~~_;_-_~,/~P:-ari_c_e_l _ln-~-o-,m-a-ti_o_n------. Parcel ID 2011723230022 House Number 2659 Street Name CASCO POINT RD This is not a legally recorded map. It represents a compilation of information and data from City, County, and State road authorities and other sources . m .. ,. RUN DATE 12/23/02 BATCH 501 PROP ADDR OWNER NAME TAXPAYER ·NAME/ADDR PROP ADDR OWNER NAME TAXPAYER. NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 23 0001 02683 CASCO POINT RD G J ERICKSON & SF ERICKSON GERALD J & ~ANDRA F ERICKSON PO BOX 584 WAYZATA MN 55391 38 20-117-23 23 0022 02659 CASCO POINT RD S S STANDA & IS STANDA S S STANDA & IS STANDA 2659 CASCO POINT RD WAYZATA MN 55391 38. 20-117-23 24 0029 02649 CASCO POINT RD JULIANNE M SCHERVEN JULIANNE M SCHERVEN 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0039 02648 CASCO POINT RD J w & BJ ESSEN JEFFREY & BARBARA ESSEN 2648 CASCO PT RD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 23 0020 02677 CASCO POINT RD AD KLUIS & S V KLUIS AD KLUIS & S V KLUIS 2677 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0002 02660 CASCO POINT RD FL HAIR & DE HAIR CO-TRST FLOYD L HAIR & DIANE E HAIR 2660 CASCO POINT RD WAYZATA MN 55391 38. 20-117-23 24 0030 02645 CASCO POINT RD NJ GREENE & AK GREENE NORMA GREENE_& ALAN GREENE 2645 CASCO POINT ROAD WAYZATA MN 55391 TOTAL BATCH 501 00010 REPORT NO. PI435401 PAGE 1 38 20-117-23 23 0021 02665 CASCO POINT RD. CR.SHUTTS & MB SHUTTS CARL R & MARILYN B SHUTTS 2665 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0003 02684 CASCO POINT RD D L RUNKLE & L F RUNKLE DAVID L RUNKLE 2684 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0031 02635 CASCO POINT RD MARILYN B THORNE MARILYN B THORNE 2635 CASCO POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN·ACCURATE AND TRUE REPRESENTATION OF,INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF . 1 ~ ~ •~ DATE k<-.::J7'.:!~y Saa Z/~ CITY of ORONO July 12, 1996 Scott Standa 2659 Casco Point Road Wayzata, Minnesota 55391 Dear Scott: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On a recent visit to your neighborhood, it was discovered that you have done extensive remodeling and additions to the lake side of your house without any permits from the City of Orono. Also a shed has been built that creates a hazard to your neighbor. It is imperative that this situation be corrected as soon as possible. I have enclosed a permit application for your convenience. Please have the following submitted by July 19, 1996: 1. Completed application 2. Hardcover calculations 3. Survey of property showing all buildings and hardcover 4. Two sets of plans for additions and deck on lake side of house. The shed located on the property line is a fire hazard to your neighbor's property and must be removed immediately. A follow-up inspection has been scheduled for July 22nd to verify this removal. If you have any questions, please contact Lyle Oman, Building Official, at 473-7357. ~~Vi Bruce L. Vang ~ Field Inspector BLV/ch Enc. cc: Lyle Oman, Building Official Jeanne A. Mabusth, Building & Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 TRACKING SHEET FILE NO . 02-2858 Staff: ---- SITE ADDRESS : 2659 Casco Point Rd. Applicant: Scott Standa Address: 2659 Casco Point Rd. Owner: Scott Standa Address: 2659 Casco Point Rd . □ ~ □ □ □ Wayzata, MN 55391 Wayzata, MN 55391 Meeting with Staff Date : Application Completed Date: ~--2--~ -o~ ______ 60 Day: /[) -24, ""(),3 Incomplete Notice Sent Date : \J..-t9 ✓o d--' Copy of Application Sent to : __ Engineer _ County DNR MCWD LMCD Property Owners Notified: Date: / 6 ----2S7 -o 3 Legal Notice Published Date : i -il -03 f } 0-tf-;-D.3 PC Meeting(s): -<-)_D -_20_ . ..-0._t3 ___ Vote: ___ f -_/=----- Vote: --------------------- Vote: --------------------- ~ Notice of PC Action:------,_~,-<-'P'---,.....-~ __ lf_-O--=-~------------ City Council Meeting(s): /P ►2_ '7 ~ 03 Vote: t/-O ~ -4-1_2--+-/___,,,,~._,_L..1£.,a.3.=----_____ Vote: 0 --o i -w t kL ~-0-r.,._, _____________ Vote : _____ _ ~ Resolution: ~ sQ ~ q