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MINUTES OF THE REGUIAR ORONO CITY COUNCIL 1\1EETING
HELD ON MAY 23, 1994
(*#7) #1918 JAMES K. AND JULIE ANN LYNCH-DANIELS, 1225 ORONO OAKS
DRIVE -RENEW AL CONDITIONAL USE PERMITN ARIAN CE -RESOLUTION
NO. 3429
It was moved by Jabbour, seconded by Goetten, to adopt Resolution No . 3429 for #1918
Conditional Use Permit Renewal and Variance for James K. and Julie Ann Lunch-Daniels
at 1225 Orono Oaks Drive. Ayes 5 , nays 0.
(#8 ) #1919 TY BUCEY, 2677 CASCO POINT ROAD -VARIANCES/CONDITIONAL
USE PERMIT -RESOLUTION NO. 3430
Gaffron reviewed the staff report and described the drainage patterns proposed by the
applicants . A letter from Be verly and Louis Smerling was entered into the record.
Mrs . Smerling reviewed the history of the area and the relationship of her property to that
now owned by Mr. Bucey. She stated she believed the house proposed by the applicants was
too large for the site and there was the potential for water runoff to damage her property .
She stated she was not in agreement with the proposal and wished this to be on record in
the event of problems arising in the future so she would have some measure of recourse.
T y Bucey stated they had reduced the height of the house to fit within the code and the
drainage plan was designed to have the water flow to the north and west sides of the
property away from the Smerling's property .
Mayor Callahan inquired if there was anything that gave Mrs . Smerling reason to believe
the present situation would be worse . Mrs . Smerling responded that the plans were changed
from the original presentation but the drainage pattern will be changed from what previously
existed on the property because the footprint of the house has been changed . She felt the
larger house may cause water to find a way into areas that were not affected previously .
Bucey stated there was about one hundred square feet in area difference between the
previous structure which burned and the proposed house , so the amount of structural
coverage on the site bas not changed much. Jabbour commented that if the applicant is
staying within the ordinance requirements and is eliminating the excess hardcover , then be
felt it was a major improvement. Coo J.Q stated that the drainage plan will work and the
water runoff will flow to the west with the drainage swale .
Discussion ensued regarding the existing drainage on the site. Goetten inquired who would
be supervising the final grading to ensure that it was done according to the plans and
Gaffron responded that the City Engineer will be reviewing the final grading on the site to
ensure that it's done correctly .
4
MINUI'ES OF THE REGUIAR ORONO CITY COUNCIL MEETING
HEW ON MAY 23, 1994
(#8) #1919 TY BUCEY, 2677 CASCO POINT ROAD -VARIANCES/CONDITIONAL
USE PERMIT -RESOLUTION NO. 3430 (CONTINUED)
It was moved by Kelley, seconded by Jabbour, to adopt Resolution No. 3430 approving
#1919 Variances/Conditional Use Permit for Ty Bucey at 2677 Casco Point Road. Ayes 5,
nays 0.
Mr. Mitchell, attorney representing Beverly and Louis Smerling, inquired whether the
resolution required the applicants to install shutters on the south side of the house. Gaffron
responded negatively, noting that was a private agreement between the Buceys and the
Smerlings.
(*#9) #1920 PHILLIP OTTO, 4116 HIGHWOOD ROAD -VARIANCES -RESOLUTION
NO. 3431
It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3431 approving
#1020 Variances for Phillip Otto at 4116 Highwood Road. Ayes 5, nays 0.
(*#10) #1925 PETER BOVEE, 840 OLD LONG LAKE ROAD · VARIANCE c
RESOLUTION NO. 3432
It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3432 approving
#1925 Variance for Peter Bovee at 840 Old Long Lake Road. Ayes 5, nays 0.
(*#11) #1932 ORONO SCHOOL DISTRICT #278, 685 OLD CRYSTAL BAY ROAD
-CONDITIONAL USE PERMIT/V ARlANCE -RESOLUTION NO. 3433
It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3433 approving
#1932 Conditional Use PermitNariance for Orono School District #278 at 685 Old Crystal
Bay Road. Ayes 5, nays 0.
MAYOR/COUNCIL REPORT
Mayor Callahan stated he had met with Park Commission Chair Dick F1int and they had
discussed the state of the parks and the problems associated with extending the Old Crystal
Bay Road bike trail south to join the Luce Line trail, including negotiations between the
Hennepin Parks and Orono. He felt that the City Administrator should write a letter
responding to the Hennepin Parks' proposal regarding sharing the costs of the trail ..
F1int stated that he believed the best place to build the trail was on private property because
they wouldn't have to construct curb and gutter. He felt it was best to keep it inside the
drainage ditch. Moorse stated that staff has contacted the heirs to the Thompson property
but have not received any response thus far. They have considered installing the trail on
the other side of the ditch, but it doesn't work very well in that location. Mayor Callahan
5
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Michael . , Gaffron frA .. PA
Title Asst. Planning & Zoning Adm. ;y~
DATE: 5/18/94
ITEM NO.: JI= B
Agenda Section:
Zoning
Item Description: #1919 Ty Bucey, 2677 Casco Point Road -Variances -Resolution
List of Exhibits
A -Resolution
B P::◄ c~icc cf Plarnling !:crruu.iasioa "~1.~tiea 5 / 18/94-
C -Petition Received 5/16/94
D -Shutts Letter 5/16/94 D-l
E -Memo and Exhibits of 5/13/94
Summary
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Applicant's residence was destroyed by a fire in December 1993. He intends to rebuild on the
site, r equiring lot width and area variances, hardcover and lot coverage variances, side and street
setback variances to allow the existing garage to be attached to the new house, and a variance
for minor grading in the 0-7 5' and bluff impact zones.
• The proposal results in a decrease in 75 -250' hardcover from 47.6% to 41.4%,
with a lot coverage by structures increase from 18.4% to 21.0%, due mainly to
the addition of a deck.
• The lot width and area variance is inherent in reconstruction on this and on most
lots on Casco Point.
• The existing garage located 21.8' from the street and 2' from the side lot line
survived the fire, and is proposed to be attached to the house, but will have its
roof line modified and lowered.
• Grading in the 0-75' zone is necessary to protect adjacent properties and reduce
potential negative runoff impacts on the bluff.
The owners of the property to the south, the Smerlings, have indicated a great deal of concern
regarding the impact of the proposed residence on drainage and its visual impact in the
neighborhood. In response to these concerns and concerns expressed by the Planning
Commission at their April meeting, applicant reduced the magnitude of the structure and
proposed grading changes which have been reviewed and modified by the City Engineer. '
Request for Council Action continued
Page 2 of 3
March 18, 1994
Zoning File #1919
Planning Commission Recommendation
Planning Commission reviewed this revised proposal at their May 16th meeting and on a vote
of 5-1 recommended approval subject to:
• Letter of agreement between Smerling and Bucey (if agreed upon) to be
referenced in the resolution.
• City staff to ensure that drainage plan is followed through.
• No future hardcover variances should be granted.
• Resolution should reference the site plan, house plans and grading and drainage
plans.
• Hardships supporting the request include:
Unique circumstances of the situation, i.e. house destroyed on a
substandard lot which is similar size to other lots in neighborhood.
The unique aspects of the property which include existing severe
topography, the opportunity to improve existing drainage impact on
neighboring properties by revising grades in the 0-7 5' zone and the
existing substandard location of the garage.
The proposed decrease in hardcover is a positive circumstance.
The lot coverage increase is due mainly to the proposed addition of an
open deck.
In his minority opinion, Commissioner Nolan indicated he felt the house was too large for the
site.
Discussion
Please review the memo and exhibits of May 13th. Also please review the petition by
neighboring property owners and the letter from the neighbor to the north, Dr. Carl Shutts, both
of which were received on May 16th.
In regards to the grading and drainage plan, it should be noted that the majority of the drainage
Request for Council Action continued
Page 3 of 3
March 18, 1994
Zoning File #1919
from the site will be directed either westward over the bluff or to the northwest across the Shutts
property. While the drainage going towards Shutts could be redirected across Bucey's bluff, that
would require considerable grading in the 0-75' zone and would cause potentially greater
problems for stability of the bluff just above Bucey's and Shutts' boat houses.
In a proposal by Mrs. Smerling's attorney Robert Mitchell, it was suggested that Bucey add
shutters to four specific windows on the south elevation for aesthetic purposes. Planning
Commission indicated that if Smerling and Bucey agree to this, that condition could be added
to the resolution. As of this writing, staff has no indication that the agreement has been
accepted by both parties, so that condition has been omitted from the draft resolution.
Staff has asked that a final grading plan reflecting the City Engineer's recommended revisions
be submitted for attachment as an exhibit to the resolution.
Staff Recommendation
Staff recommends approval per the Planning Commission recommendation. The attached
resolution contains a number of findings that support the request and a number of specific
conditions for approval.
Council Action Requested
Adoption of resolution for approval of variances for Ty and Myla Bucey at 2677 Casco Point
Road to allow construction of a new residence.
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B),
SECTION 10.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISION 2,
SECTION 10.55, SUBDIVISION 8, AND
SECTION 10.56, SUBDIVISION 16, AND
GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.03, SUBDIVISION 19
FILE NO. 1919
WHEREAS, Tyrone and Mila Bucey (hereinafter the "applicants") are owners
of the property located at 2677 Casco Point Road within the City of Orono (hereinafter "City")
and legally described as follows:
Lot 135, Spring Park, Hennepin County, Minnesota (hereinafter the "property");
and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.25, Subdivision 6 (B) to construct a new residence on a lot of 12,894
s.f. in area where lot area of 21,780 s.f. or 0.50 acre is normally required, and of lot width 60'
where a lot width of 100' is normally required, and a further variance to Section 10.25,
Subdivision 6 (B) for attachment of the existing garage to the proposed new residence, such
garage being located 1.95' from the side lot line where a 10' side setback is normally required,
and 21.8' from the street lot line where a 30' street setback is normally required, and a variance
to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 21.0% where only
15% lot coverage is normally allowed, and a variance to Sections 10.22, Subdivision 2, 10.55,
Subdivision 8, and 10.56, Subdivision 16 (L) to allow 41.4% hardcover in the 75-250' zone
where only 25% hardcover is normally allowed, and a variance to Sections 10.55, Subdivision
8 and 10.56, Subdivision 16 (J)(2) and a conditional use permit per Section 10.03, Subdivision
19 to allow topographic alterations and excavation within 75' of the ordinary high water level
of Lake Minnetonka and within the bluff impact zone where such activity is not normally
allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Page 1 of 6
FINDINGS
1. This application was reviewed as Zoning File #1919.
2. The property is located within the LR-lC Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on April 18, 1994 and
tabled the request pending proper public hearing legal notice and suggested
specific plan revisions. The Planning Commission further reviewed the revised
proposal at a public hearing on May 16, 1994 at which time all members of the
public wishing to comment were heard. On a vote of 5-1, Planning Commission
recommended approval of the revised plans, based on the following hardships and
justification:
a. The applicants' house which existed on this property for many years was
destroyed by fire in December 1993. The existing lot area and width
cannot be increased because no adjacent vacant property is available for
acquisition.
b. The existing garage on the site located 1. 95' from the south side lot line
and 21.8' from the street lot line was not destroyed in the fire and is
proposed to remain in its current location with attachment to the proposed
residence rather than remaining detached as it previously existed. The
roof line of said garage is intended to be revised, but footprint of the
garage remain as is. The side and street variances are justified based on
the existing location of the garage.
c. Pre-existing hardcover in the 75-250' zone was 47.6%. Hardcover in that
zone is proposed to reduce to 41.4%. Further reductions to the 25%
hardcover limit are not feasible if a residence is to be allowed on the
property.
d. The increase in lot coverage by structures from 18.4% pre-existing to
21. 0 % is due mainly to addition of an open deck on the lakeside of the
residence.
Page 2 of 6
e. Topography of the site is severe, and with construction of a new residence
the opportunity exists to improve drainage by reducing the impact of
drainage on neighboring properties and the potential negative impact on
the bluff existing at the lakeshore. Certain grading and excavation is
necessary within the 0-75' setback and within the bluff impact zone in
order to improve the drainage.
f. No average setback, bluff setback, or structure height variances are
required.
g. Applicants have addressed to the satisfaction of the Planning Commission
the concerns raised by the neighboring adjacent property owner to the
south.
4. Planning Commission further recommended that City approval reference the site
plan and house plans, and the grading and drainage plan as modified by the City
Engineer. The Planning Commission further recommended that any written
agreement reached between the applicants and the neighbor to the south be
referenced in the City approval resolution. Planning Commission further
recommended that no future hardcover variances should be granted for this
property.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
6. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances and conditional use permit would not adversely affect
traffic conditions, light, air nor pose a fire hazard or other danger to neighboring
properties; would not merely serve as a convenience to the applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicants; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
Page 3 of 6
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances
to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to construct a new residence on a
lot of 12,894 s.f. in area where lot area of 21,780 s.f. or 0.50 acre is normally required, and
of lot width 60' where a lot width of 100' is normally required, and a further variance to Section
10.25, Subdivision 6 (B) for attachment of the existing garage to the proposed new residence,
such garage being located 1.95' from the side lot line where a 10' side setback is normally
required, and 21.8' from the street lot line where a 30' street setback is normally required, and
a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage by structures of 21.0%
where only 15 % lot coverage is normally allowed, and a variance to Sections 10.22, Subdivision
2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (L) to allow 41.4% hardcover in the 75-250'
zone where only 25% hardcover is normally allowed, and a variance to Sections 10.55,
Subdivision 8 and 10.56, Subdivision 16 (J)(2) and a conditional use permit per Section 10.03,
Subdivision 19 to allow topographic alterations and excavation within 75' of the ordinary high
water level of Lake Minnetonka and within the bluff impact zone where such activity is not
normally allowed, subject to the following conditions:
1. Approval is granted subject to adherence to the site plan attached to this
resolution as Exhibit A; to the grading and drainage plan attached as Exhibit B;
and to the construction plans attached as Exhibit C. Any deviation from said site
plan or grading and drainage plan shall require further City review and approval.
Any revision to the construction plans which increases the height of the structure
or which is deemed by the Building & Zoning Department as a substantial
departure from the plan shall require further City review and approval.
2. Hardcover on the property is limited to 41.4% in the 75-250' zone and 7.9% in
the 0-75' zone as shown on Exhibit A attached. Applicants are advised that
future proposals to increase hardcover may not be looked on favorably by the
City.
3. Applicants are advised that the existing boat house on the property is subject to
the pertinent code requirements for maintenance and structural improvement of
such structures.
Page 4 of 6
4. The proposed land alterations in the bluff impact zone and within the 0-75'
setback zone shall be subject to the sediment and erosion control provisions of
Municipal Code Section 10.56, Subdivisions 16 (J)(5) and shall adhere to the
MPCA's "Best Management Practices for Protecting Water Quality in Urban
Areas".
5. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a land alteration
permit within one year of the date of Council approval or the special conditions
of this resolution will expire on that date (May 23, 1995).
6. 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.
7. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 23rd day of May, 1994.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
Property Owner( s)
Page 5 of 6
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of May,
1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before me a Notary Public
within and for said County, personally appeared -----------------
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _____ day of __________ , 199 __ , before me a Notary Public
within and for said County, personally appeared -----------------known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 6 of 6
·---
Petition filed for:
#1919 Ty Bucey, 2677 Casco Point Road -Variances
By signing this petition I am notifying you that I have seen the revised plans completed by
Michael Gaffron, Asst. Planning & Zoning Administrator dated May I 3, 1994. I have
observed the building site and taken careful review of the building application and plans
for the Bucey residence. By signing this petition I wish to express my support for the
proposed plans.
Michael Gaffron
City of Orono
2750 Kelley Parkway
Long Lake, MN 55356
Date 5/15/94
Re: Written confirmation of drainage proposal for the Bucey property.
Dear Mike,
This letter is to inform you that both Ty and I have been involved in designing a drainage
proposal which will work for all ofus. I met and discussed the drainage proposal with Ty
Bucey, Dale Gustafson and Jim Cradit on May 13th. I am forwarding my comments to
you per your request in the Planning and Zoning Commission Letter dated May 13th,
1994.
I would like you to know that I am in full agreement with the proposed plans since they
will have a positive effect on my property. I agree with your analysis on page 3 that some
grading ( even though minimal) will likely be needed to accomplish swaling needed to
protect the neighboring properties and lakeshore banks.
The slight channeling on the Bucey property will reduce drainage towards our home by
directing it past our home.
It is my opinion that the proposed plan will benefit both of the adjacent neighbors as well
as save our lakeshore banks therefor I am in full agreement to support the Bucey's
drainage plans.
Dr. Carl Shutts
RECEIVED
MAY 1 6 1994
CITY OF ORONO
LINDQUIST & VENNUM
ATTORNEYS AT I.AW
ROBERT G_ MrTCHEL.L. JR
6121371-3262
Mr. Michael Gaffron
Zoning Administrator
City of Orono
2750 Kelley Parkway
P. 0. Box 66
Crystal Bay, MN 55323
Re: Bucey Project
Dear Mike:
May 19, 1994
e,.#, l .. \
4200 IDS CENTER IN DENVER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MINNESOTA 55402-2205
TELEPHONE: 612-371-3211
LINDQUIST, VENNUM & CHRISTENSEN
600 17TH STREET, SUITE 2125
DENVER, CoLORADO 80202-5401
TELEPHONE: 303-573-5900 FAX: 612-371-3207
RECEIVED
MAY 2 0 1994
cnvoFORONO
/0:30 /!,:M,,
You have the Smerling/Bucey letter verbally agreed to at the Planning
Commission meeting on May 16, 1994. Let me just flesh out the letter.
With regard to the Buceys building their project according to the plans and the
building code, obviously the Smerlings are relying on the accuracy of the survey, site plan,
plans, hard cover computations and the like. As you may know, they are having a
confirming survey done by Mark Gronberg of the common lot line between the two
properties and they will certainly let you know if Mark Gronberg comes up with any
discrepancies.
With regard to the second point, I enclose Buceys ' Exhibit A-3 which shows the
South Elevation of the new house. Shown on it are four windows which are the windows
to have the shutters, as agreed. Bruce Schmidt and Mrs. Smerling agree that the corner
windows and the picture window do not need shutters , as it would not look right.
Finally, with regard to the grading and drainage, I know you are aware that Mrs.
Smerling is concerned about this. We know, too, from the Planning Commission meeting
on May 16, 1994, that the original plan was to have 100% of the water go northerly.
Now, Orono has determined that it is better that some of the water, including all of the
water from the south side of the house , go westerly over the embankment , instead of
northerly. We just want to make certain that the drainage swale to be graded onto the
Bucey lot on the south side of the house is deep enough, wide enough and extends at a
proper angle when it reaches the embankment such that the water does go over the
embankment, rather than onto the Smerlings ' property. Obviously, the Smerlings have
LINDQUIST & VENNUM
Mr. Michael Gaffron
May 19, 1994
Page 2
their own water to accommodate and get over their own embankment. In each case, the
care of the embankment through maintenance of proper vegetation and other measures
is essential to the respective embankments being maintained.
I do not perceive that any of the foregoing is new news to you, but I hope you
find it helpful in fleshing out the details of the Bucey Project.
If there is any question, of if Orono is not going to proceed as outlined above,
please let me know. Thank you.
Very truly yours,
Robert G. Mitchell, Jr.
~
cc: Mr. and Mrs. Louis Smerling
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Mr. and Mrs. Ty Bucey
2677 Casco Point Road
Wayzata, Minnesota 55391
May 16, 1994
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Mr. and Mrs. Louis Smerling
2522 W. Lake of the Isles Pkwy.
Minneapolis, MN 55405
Re: Proposed New House
Dear Mr. and Mrs. Smerling:
We gave you the new plans for our proposed new house on May 9, 1994. We will
be presenting the new plans to the Orono Planning Commission on May 16, 1994, for
approval of needed variances . Those plans consist of the following:
Page 1 --Survey (Rev. 5-6-94)
Page 2 --Site Plan
Page 3 --East Elevation
Page 4 --West Elevation
Page 5 --South Elevation
Page 6 --North Elevation
Page 7 --Lower Level Blueprint
Page 8 --First Floor Blueprint
Page 9 --Second Floor Blueprint
You have now had a chance to have Bruce Schmidt, your architect, look at these
new plans and you have communicated to us your comments concerning our entire
project. In order to amicably, in a neighborly way resolve any differences we may have
with regard to our project, we hereby make the following agreements with you:
1.
2.
It is our intention to build the project according to City of Orono 's building codes
and the above-referenced nine pages of plans.
We have taken your concerns to heart in redesigning our home so that it is
acceptable to you. We revised the house design so that the lower level is, in fact,
a basement level which does not count as a story. Thus, our new house is only
two stories tall according to the building code. We have also broken up the roof
an wa ·ne-au.h the house. We specifically agree to add
shutters to the windows on the South Elevatio imilar to the shutters shown on
Mr. and Mrs. Louis Smerling
May 16, 1994
Page 2
the East Elevation so as to present a nicer look toward your property and to
further accent the southern wall of our house. The south wall is located 14 feet
north of our south property line. The new deck on the west side of the house is
as shown on the Survey and Site Plan and conforms to Orono's average lakeshore
setback requirement, as well as being far enough back from the bluff under the
new bluff ordinance.
3. We agree to prepare and have approved by Orono, before commencement of
construction, a grading and drainage plan.
Based on our undertakings set forth above, we understand that you will not
oppose our request for variances at the Orono Planning Commission meeting on May 16,
1994. If this is correct, please so indicate by signing and returning the enclosed copy of
this letter. Thank you.
Understood and agreed this
___ day of May, 1994.
Louis Smerling
Beverly Smerling
Sincerely yours,
Ty Bucey
Mila Bucey
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TO: Plal111ing Commission Members
Ron Moorse, City Administrator
FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator
DATE: May 13, 1994
SUBJECT: #1919 Ty Bucey, 2677 Casco Point Road -Variances -Public Hearing
List of Exhibits
A -Revised Building Plans
B -Revised Site Plan
C -Revised Grading/Drainage Plan
D -Bluff Impact Review
E -Revised Hardcover Calculations I ~ '2JD
F -City Engineer Grading Comments ~received as of 5/13/94)
G -Letter from Shutts (2665 Casco Point Rd.)
H -Letter from Buller (2660 Casco Point Rd.)
I -Correspondence:
1. 4/26 Bucey to Smerling
2. 4/27 Mitchell to Cradit
3. 4/29 Bucey to Smerling
4. 5/2 Mitchell to Cradit
5. 5/.1-Bucey to Smerling
6. 5/4 Mitchell to Gaffron
7. 5/6 Bucey to Gaffron
8. 5/12 Mitchell Draft Proposed Agreement
J -Notice of Planning Commission Action 4/22/94
K -Memo and Exhibits of 4/14/94
Synopsis
Applicant has revised his plan significantly to reduce the intensity of the proposed construction.
Proposed hardcover and lot coverage are reduced from the original proposal. The newly
proposed grading plan has been reviewed by the City Engineer who has recommended minor
changes. The original proposal and staff memo are included in this packet for comparison.
Zoning #1919
May 13, 1994
Page 2
Variances Required
Current Allowed
First Revised or
Pre-Existing Pronosal Plan Reguired Variance
Lot Area 12,894 s.f. 12,894 s.f. 12,894 s.f. 21,780 s.f. 8,886 s.f.(40%)
Lot Width 60' 60' 60' 100' 40' (40%)
Hardcover
0-75' 7.9% 7.9% 7.9% 0% (No Change)
75-250' 47.6% 43.1 % 41.4% 25% 16.4%
Lot Cover-18.4% 22.6% 21.0% 15% 6.0%
age
Garage Set-(No Change)
back
Side: 1.95' 1.95' 1.95' 10' 8.05' (80%)
Street: 21.8' 21.8' 21.8' 30' 8.2' (27%)
0-75' Grad-None 6' Encr. None 6'
ing
(Includes Minor Grading in Bluff Impact Zone)
• No Height Variance Required
• No Bluff Setback Variance Required
Discussion
The lot area and width variances are inherent in redevelopment of this lot and many lots on
Casco Point Road. The garage setback variance reflects no change to the location of existing
garage, but is necessary due to its change in status from detached to attached. The roof line of
the garage will be lowered and revised to a hip roof configuration.
Both hardcover and lot coverage are proposed to be reduced from the first proposal. 75-250'
hardcover is further reduced by narrowing some stairways/walkways, and reducing the size of
the deck, which also reduces the lot coverage by structure.
As noted in the table, no height variance is required with this plan. The house has been lowered
nearly 3', reducing the visual impact of the height of the structure. It has been lowered enough
to be considered as a two story structure.
Zoning #1919
May 13, 1994
Page 3
With the new definition of "top of bluff" adopted and in effect, Exhibit D indicates the bluff and
bluff impact zone. Comparing this to the grading plan, only a minor encroachment to the bluff
impact zone is necessary. Grade reductions in the bluff impact zones are not strictly prohibited
(although filling is) but are subject to strict erosion control measures.
Grading Plan
The new grading plan was submitted Monday, May 9th. The City Engineer reviewed this at the
site on May 11th and suggested that drainage from the south half of the property be directed
westward towards the lake rather than around to the north. This can be accomplished by grading
a swale in the south side yard, to drain toward the lake. This concept was approved with the
Holtzer application for this property in 1979, and included 0-75' grading in order to make sure
no drainage will flow towards the Smerling property. The volume from this half of the property
is not anticipated to pose problems for lakeshore bank stability.
The north half of the lot has the option of draining straight west towards the lake (to accomplish
this would require extensive fill/regrading in the 0-75' zone) or allow to drain across Shutts
property as it does now.
• Redirecting drainage to flow west toward the lake is, in the opinion of the City
Engineer, more likely to cause bank instability around Bucey's lake stairway and
the Shutts and Bucey boat houses, than if runoff is allowed to continue draining
across Shutts' yard with its more gradual slope.
• Slight channeling on the Bucey property likely will reduce drainage towards
Shutts' house, directing it past the house.
The above factors hold true whether or not the grade 1s lowered the full 3' necessary to
accommodate a lakeside walkout door.
The grading plan proposed will leave the view from the lake nearly unchanged due to "side
discharge" of drainage towards Shutts' yard. The amount of excavation in the 0-75' zone is
minimal. This is not the classic case of "excavating the lakeshore bank to create a walkout" that
the City has regularly denied. The grade is not proposed to be drastically altered to expose the
face of a basement wall.
The walkout could be accomplished without any 0-75' grading by establishing a retaining wall
"crib" at the walkout door (creating a "walkup" with potential sump needed), but some 0-75'
grading will likely be needed regardless, in order to accomplish swaling needed to protect the
neighboring properties and lakeshore banks.
Zoning #1919
May 13, 1994
Page 4
As of this writing, staff has not received the written comments of the City Engineer. Those
comments should be available f()r Monday night's meeting.
It is staff's understanding that the applicant has met with Mr. and Mrs. Shutts to discuss
drainage and this proposal is agreeable to the Shutts. Staff would request written confirmation
of this.
Staff Recommendation
Planning Commission should review the individual variances necessary and determine whether
this revised proposal can be recommended for approval based on hardships and unique
circumstances of the site. Any recommendation for approval should list the hardships and
justifications.
Options for Action
1. Recommend approval.
2. Recommend approval with conditions (specify).
3. Table (request additional information).
4. Recommend denial (state reasons).
5. Other.
If recommendation for approval is forthcoming, this item will be placed on the Council's May
23rd agenda.
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ENERGY NOTES:
1. CALN..K BACKSIDE OF BRICKMOULD WHEN INSTALUNO EXTERtOA DOORS &
WINDOWS, INSULATE AIRSPACE ANO STAPLE VAPOR BARRIER TO JAMe.
I. lXTERIOA OOOAS TO BE APPROVED INSULATED *OR'' TO RECEIVE;
COMBINATION DOOfl
8RONZE WEA THEA STRIP
OAK THRESHOLD W/VINYL
'w~r 0.r,.1-. cp. @)Ill,.. wl \,<>,J e C.ll.S<; JI'-__ MtHtMUM Of _,.SULA TEO GLASS '----
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0 OOU8LE __ '=:..,::-::IJM,:-,O""F""llN""o""LEC:0-:-L. ""w,""cou==-e -------DA-a _____________ _
•· PAooiiooi,-UIJM OF .. SULATEO GLASS "Z-1'2,I.., Oll,-1,.. w/ i..,._,i; C.L<t,S!J
--MINIMUM Of INSULATED GLASS
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Lot 135. SPRING PARK
Proposed building lnformE,tion must be ct1ecked with appr0Y'8d building
plan before excavation and construction. ,
LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER LAWS OF STATE OP MINNESOTA
7601 -73rd Avenue North 560-3093
Miooeapolia, Mim1esota 55428
i NVOICE N0.36:-:;::::3l=.3 __ _
1:. B. NO. 636/23-2
~;CALE 1••-=20;:;..' ___ _
0-DENOTES IRON
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cJlent. . l The onty easements shown are from plats of record or Information provided by · · ~) ·
i . Wa hereby certify that tt\1-la I true and COtT9Ct representation of a survey Of the ·/ ~
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, boundaries of the above de3::rlbed land and th, location of all buildings and via-/ ~ ; ~ ~
J lbte encroachments. If any. from or on aw tan:i. ~
• ; Sutveyed by us this 4tb day of February 19 94 Signed ), . {
~! , Rf mond A. Prasch, M,nn. Reg. Nu. 6743 !;., __ 12._t_\J_t')_·ia ____ s_,_<o_•_'f_4_ ------·----------------------------------------__________________________ _
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Bucey Resodence
2677 Casco Point Road
nl"nnn MI\I i:;i:;~q 1
Scale: 1 inch = 10 feet
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LOT SURVEYS CC
LAND SURVE~
REGISTERED UNDER LAWS OF
7601-73rd Avenue North
RESTORATION SERVICES IN~,, f
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Minneapolis,Minn~
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Lot 135, SPRING PARK
Proposed building information must be checked with approved building
plan before excavation and construction.
The only easements shown are from plats of record or information provided l?Y
cilenL .
\A.,le hereby certify that this is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and vi~
Ible encroachments, if any, from or on said land.
Surveyed by us this 4-tb day of February 94
19 -----
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HAkDLOVER :,'\LC ULA TI ON h'OR~SHE.:: f
SETBACK ZOUE; (CL:CLE ONE) 0-75'8 250-500' 500-lGOO'
EXISTING HARDCOVER IN ZONE
A, House ___ ?_~--x __ l/-o ___ :::: __ 14_4o __
LENGTH WIDTH
4 X ~ -· aa F __ ___...; __ ---------~o __ s,.
___ f_'Z._ X __ I_O_.~--= -~''2.-~--S,F,
_____ X _____ = _____ S,F,
_____ X _____ ,: -~---S, F,
B, GARAGa -~-'?_o ___ x ia. S c __ b_t;....:::;5 __ S,F,
C. DRIVEWAY Z.1,t-7_·x_ Zo,S: ~ __ 444_.;....;...__ S,F,
-----X -----"'
___ s.i:t,
0, SIDEWALK
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.
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,, ._ AREA .. l 14--I I l/ \ va------X ------;;;;::. --------S.F,
______ X _____ = _____ S,F,
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G, OiHER _____ X _____ = _____ ~.F •
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ToTAL iARocovER rn ZoNe
ToT;..L PRo,cJERTY AREA [N ZoNE
3'fY;7,'5 S.F, m
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HAHDCOVER ::i1LCUL~ TI ON. HORKSn~E. f -
si!TBACr( zone:: (c J.::cLE c~,E )~ 75-250' 250-500' 500-lGf'<)'
EXISTING HARDCOVER IN ZONE
A, House _____ x ______ .::.: _____ s,F,
t;i.oc-r i l~A'
a. :Sllf11r
LENGTH WIDTH
-----X _____ = _____ S, F,
----~ X ----~ = -----s. FI
X _____ =--~--S,F,
X _____ -= _____ S, F,
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__ (_~_• __ =-__ /~_c __ S,F,
C, DRIVEWAY ____ _ X ------= -----s':'
t '=,C) 0, SIDEWALK ____ _
E, f'ATtO/
DECK
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F,lANDSCAPE ____ _
AREAS
UNDERLAIN BY .
PLASTlC
SHEETING
X ____ s,-=,
X
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G, OTHER ~.\=. . ~--~---------
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AR~A lN ZONE
3 <t-,1. 7 '$' s • ~ '
_____ s.,,
APR 1 3 1994
City of Orono
P.O. Box 66 Crystal Bay 55323
TO: Orono Planning Commission Date 04/11/94
CC: Mike Gaffron
CC: Charles Schroeder
Dear Chairman and other members of the Planning Commission.
This letter is to verify my observation of existing hardcover relating to the Bucey
residence located at 2677 Casco Point Road. The hardcover was approximately five feet
in front of the Bucey residence and from the edge of the house to the retaining wall of my
property extending to the lakeside end of the house.
I am the owner of the property located next to the Bucey residence and plan to attend the
meeting on 4/18/94 in support of the proposed plan.
Sincerely,
~ SC::, '---~
Carl Shutts
City of Orono
P.O. Box 66 Crystal Bay 55323
To: Orono Planning Commission Date 4/15/94
Dear Chairman and members of the Planning Commission.
e/J.4, H
rAPR-1 ·s 1994
This letter is to verify my observation of the building site and careful review of the
building application and proposed plans dated April 14, 1994 for the Bucey residence.
This application was completed by Michael P . Gaffron, assistant Planning & Zoning
Administrator.
My property is located directly across the street from the Bucey residence see exhibit
# 1919 lot number # 130. As you can see my property directly faces the front of the Bucey
residence. I will not be able to attend the meeting scheduled for April 18th but by writing
this letter I wish to express my support for the proposed plans.
I I / Sincerely,/] ~ /J/7
i ~~-Pl,c_/:;/ I J4vf2/-A--1
Vernon J. ~er
2660 Casco Point Road
Wayzata, Minnesota 55391
Beverly & Lou Smerling
2552 West Lake oflsles
Parkway Minneapolis 55405
Date: 4/26/94
cc: Jim Cradit
cc: City of Orono
Dear Beverly and Lou ,
This letter is in regard to us working together to develop a building plan for our
house that would be acceptable to you, the neighborhood and my family .
Upon my returning home last evening my wife informed me that you had called and
unfortunately I was not at home. I did return your call the same evening and unfortunately
you were too busy to discuss our plans. During our phone discussion you said that you
would call the next evening to discuss the house .
I waited the next evening for your call and unfortunately you didn't call.
I want us to work together and make this work for the whole neighborhood .
I look forward to working with you to revise the current plans addressing the issues that
were brought up at the last meeting. and plan on calling you when the revised plans are
ready for review .
,-
LINDQUIST & VENNUJ\1
ATTORNe'l'S AT lAW
RO!iERr C. Ml'fCHELL, JR,
6i2-l371-3262
Mr. James Crndit
Crndit and Associates Inc.
67 Eighth Avenue N.E.
Minneupolis, MN 55413
/\pril 27, 1994
4200 IDS Ct'ffi"A
00 So\JrH f:,o;.m< $-mt;["f
Mt>l'<EAPC<.16. M1•mt60T~ ~i/•2205
T,LEP?-lOffl'. 612-37HR11
~/IX 612-371-32¢1
Re: 2677 01sco Pointe Road, Wayzata, Minnesota
Our File No. 445482.0001
Dear Jim:
IN DE,NER
w=sT, VENNUM & CH'lilITE'18EN
(IOO 17TH STRE'ET, SUITE 2125
Pl,>NEP., C¢!.C>l'IAOO ~~-64()j
T~ m-6~900
You and I talked on April 27 1 1994 ahout the above job and your client Ty Bucey,
/ I represent Louis and Beverly Smerling, and their concerns about the Buceys' proposal. I
have a copy of Mike Gaffron's report to the Orrn10 Planning Commission dated AprH 14,
1994.
Subsequent to the April, 1994 Orono Planning Commission Meeting, I understand
that you and the Buceys are proposing to make changes in the plans which you hop~ will,
among other things, allay the concerns of th~ Smerlings.
Given time constraints and travel plims, jt would be efficient if you could send
copies of the plans to the following petsnns as soon as possihle.
Mr. and Mrs. Louis Srncrling
2.552 West Like of th<.: Isles Parkway
Minneapolis, MN 55405
Mr. Bruce Schmidt -Architect
320 Manitoba Avenue South
Wayzata, MN 55391
And a copy tu me at th~ ubuvi; address. We will review the plans as quickly as possible
and get back to you.
.. --.
LINDQUIST & V£NNlHv1
Mr. James Cadit
Cradit and Associates, Inc.
April 27t 1994
Page 2
You tell me that the City of Orono reguire!'i your submittal of plans for the
Planning Commission meeting of May 16, 1994, to he made not later than May 9, 1994.
I look forward tu working with you. lf you have any questions, please call. Thank you.
RGM:ljrn
cc: Mr. Bruce Schmidt
Mr. and Mrs. Louis Smerling
Ty Bucey
Sincerely yours,
/~J;~
Robert G. Mitchell, Jr.
,,
Beverly & Lou Smerling
2552 West Lake oflsles
Parkway Minneapolis 55405
Date : 4/29/94
cc: Jim Cradit
cc: City of Orono
Dear Beverly and Lou ,
MAt 2 1994
rmr---?(i~-l Jli _£Er,::,, -,-. tu' ~~ I \,1 ~
..; ✓ '-~1....:;:..
This letter is in regards to our phone discussion about our house plans held this morning
April 29th 1994 .
I am glad you chose to call Mila personally at work this morning . It is much better when
we work together personally. As you know your lawyer called Mila yesterday while she
was working and preceded to tell her that we owned a most difficult lot and we were
asking for far too many variances . He also informed Mila that he knew this lot very well
from past experiences. He also called Jim Cradit and forcefully asked for the plans before
the May 9th time frame the city has requested . He also told Jim he had plenty of time to
put these plans together and expected to receive them soon. I don't know what
instructions you have given your lawyer but both Mila and Jim Cradit reported that he was
quite intimidating. thus my request is to work personally together. If you do want your
lawyer to contact someone please have him contact me.
During our discussion this morning you asked for us to stop our plans immediately with
our architect Jim Cradit and meet with your lawyer Mr Mitchell and architect to help
design the house to your satisfaction. You said this would save us money since your plans
would not need to be changed prior to the meeting being held on May 16th. Thank you
for the offer of architectural assistance, while we would like to save the money, getting my
family settled into our home is my first priority . Adding another architect will only slow
down the process.
You mentioned your displeasure with the height of the house. I want you to know we are
working hard to address the issue of the height which will be acceptable to you , the
neighborhood and my family . Our new plans will conform to the City's requirements, thus
a height variance will not be needed.
You expressed your concern about the drainage of the house . Based on your concerns
and our neighbors to the north, the Shutts family I have hired a specialist in the field of
landscaping and drainage to address these issues and will forward to you the plans when
they are ready for review.
I appreciate your overall concern about the development of our house and the cost of the
numerous plans we have already developed. I hope you can see we are working diligently
on all of the issues brought up at the last meeting by both you , our neighbors and the City
Planning Commission. I will be forwarding to you the plans when they are ready on or
before May 9th as promised.
As you know, the fire occurred on December 18th, 1993. That was a traumatic
experience for our family. Our family of four, with two small children ages 8 and 3 have
now moved twice and are about to move again. These are also traumatic times especially
for the children.
I hope that our meeting on May 16th with the Planning Commission will yield the
approvals we seek So that the next move for our family will be to our home.
Sincerely, ~o-
LINDQUIST & VENNUM
ATTORNEYS AT l.AW
ROBERT G. MITCHELL, JR.
612-371-3262
Mr. James Cradit
Cradit and Associates Inc.
67 Eighth Avenue N.E.
Minneapolis, MN 55413
May 2, 1994
4200 IDS CEITTER
80 5ouTH EIGHTH 5TREET
MINNEAPOUS. MINNESOTA 55402-2205
TEL.EP>iONE 612-371-3211
FAX: 612-371-3207
Re: 2677 Casco Pointe Road, Wayzata, Minnesota
Our File No. 445482.0001
Dear Jim:
IN DENVER
LINDOUIST, VENNUM & CHRISTENSEN
600 17TH STREET, SUITE 2125
DENVER, CotORAOO 80202-5401
TELEPHONE: 303-573-5900
I telephoned you on April 25, 1994, and followed that phone call up with a letter
inviting you and the Buceys to get together with Mrs. Smerling, Bruce Schmidt, her
architect, and possibly myself as soon as possible to discuss the proposed house for the
Buceys' lot on Casco Pointe Road. You told me that you and the Buceys were in the
process of drawing plans, that you thought it would be more beneficial to meet with us
after you had drawn your new plans, and that you would meet with us as soon as your
new plans were ready.
Apparently, you have a time deadline with Orono of May 9, 1994, for the May 16,
1994, Orono Planning Commission meeting. In view of your deadline, we are hopeful
you can either meet with us promptly this week, \.vith your plans complete, or better yet,
meet with us before you spend any time and money on new plans so that we can talk to
each other about ameliorating the conditions originally proposed.
Obviously, we have "a chicken and the egg" problem here. In general, you
understand that with the variances you request, the building previously propsed for the
Bucey lot is burdensome in the extreme to the Smerlings and their adjacent property.
Therefore, in general, the amelioration of the situation is to make the Bucey building
smaller and lower so as to reduce its negative impact on its adjacent neighbor. It is
difficult for Mrs. Smerling to specify in what fashion you could precisely ameliorate your
structure without having some understanding of what changes to your original plan you
now propose.
LINDQUIST & VENNUM
Mr. James Cadit
Cradit and Associates, Inc.
May 2, 1994
Page 2
Mrs. Smeling now understands from the Buceys' letter that they do not wish to
meet with her until after you have completed your second set of plans. When to meet is
your choice to make, but be aware that you may then have trouble with your deadline
should it become beneficial to you to revise your plans for Orono.
If the Buceys wish to change their mind and meet sooner, please let me know.
RGM:ljm
cc: Mr. and Mrs.Louis Smerling
Mr. Bruce Schmidt
Mr. and Mrs. Ty Bucey
Sincerely yours,
Robert G. Mitchell, Jr.
Beverly & Lou Smerling
2552 West Lake oflsles
Parkway Minneapolis 55405
Date: 5/04/94
cc : Jim Cradit
cc : City of Orono
Dear Beverly and Lou,
' '
MAY 6 1994
This is in reply to your lawyers request for us to meet with him and your architect on or
before May 9th, 1994, to review the plans to be presented at the May 16th, 1994, Orono
Planning Commission meeting. I am enclosing a copy of his letter which I received today
May 4th, 1994 .
I want to assure you of our desire to have the plans ready for your review as early as May
6th and no later than May 9th as promised in my letter dated April 29th, 1994.
Again, I appreciate your overall concern about our home and the time and money already
spent on numerous plans . As you know, based on our telephone conversation May 2,
1994, we are working hard on all the issues brought up at the last meeting by you, our
neighbors and the City Planning Commission . It is our full intention to hopefully resolve
the height of the house, the height of the garage and drainage issues which were your main
concerns voiced at the last Planning Commission meeting . These changes we feel will
have a positive impact on your property and the property of Dr. Carl Shutts the adjacent
neighbor to the north .
As you know, the fire occurred on December 18th, 1993. That was a traumatic
experience for our family . Our family of four, with two small children ages 8 and 3 have
now moved twice and are moving again this weekend . These are also traumatic times
especially for our children Natalie and Stephanie .
I'm sorry your lawyer feels we may have trouble with our deadlines since you know it is
the last thing in the world our family needs.
I hope that our meeting on May 16th with the Planning Commission will yield the
approvals we seek. since our primary family need at this point is to have our home back.
Sincerely,
~~~ 'JtyBucp
LINDQUIST & VENNUM
ATTORNEYS AT LAW
ROBERT G. MITCHELL, JR.
(612) 371-3262
Michael Gaffron
City of Orono
2750 Kelley Parkway
Long Lake, MN 55356
Re: Mr. & Mrs. Ty Bucey
Dear Mike:
May 4, 1994
4200 IDS CENTER
80 SoUTH EIGHTI-1 SmeET
MINNEAPOLIS, MINNESOTA 55402-2205
TELEPHONE: 612-371~211
FAX: 612~71~207
IN DENVER
l.JNOQUIST, VENNUM & CHRISTENSEN
600 17TH STREET, SUITE 2125
DENVER, Col.OAADO 80202-5401
TELEPHONE: 303,573-5900
n I I\_ '-.• J..i;/\1.J
Enclosed are some notes I made concerning the Buceys' variance application after
I visited the site on April 27, 1994. From my previous correspondence you may be able
to discern that I immediately called James Cradit, the Buceys' architect, and suggested
that we meet on April 28 or 29, 1994 to discuss how this building project might be
compromised to the satisfaction of all. Mr. Cradit took the view that it would be better
to wait until he had finalized plans for the Buceys after the input the Buceys got at the
April 1994 planning commission meeting. Consequently we have had no meeting yet
with either Mr. Cradits or the Buceys to discuss the Smerlings' concerns.
Mrs. Smerling is out of town on May 4 and 5, 1994 but is available to meet on
May 6, 1994 and thereafter. As you can see from my prior correspondence she has
retained Bruce Schmidt, an architect in Wayzata, to advise her hoping to come to an
agreeable compromise. Mrs. Smerling wants to receive appropriate architectural-type
advice, rather than legal advice, about the Buceys' new proposal.
The concerns I have identified on the attached sheet may or may not be Mrs.
Smerling's concerns or Bruce Schmidt's concerns. But do to the shortage of time I
thought it best to get my laundry list of observations on the table at an early time. As
you can see my concerns relate to matters beyond construction of the new house on the
Bucey lot itself. I believe some of these matters are understood by you. I further
understand that the Buceys having been advised of some of these problems and are
developing a grading and drainage plan to address the grading and draining issues.
The tree which was cut down is simply a fact.
The matter of not dumping leaves over the cliff is a maintenance issue.
May 4, 1994
Page 2
Would you please send me the proposed new Orono ordinance concerning decks
as referenced in your staff report to the planning commission. Without the proposed
new ordinance I do not understand the situation concerning the proposed deck.
Thank you for your help.
RGM/ccb
Enclosure
cc: Mr. & Mrs. Louis Smerling
Mr. James Cradit
Mr. Bruce Schmidt
Mr. & Mrs. Ty Bucey
Sincerely yours,
Robert G. Mitchell, Jr.
BUCEY VARIANCE APPLICATION
1. Holzer's concrete block retaining walls are leaning outward
toward the neighbors' properties.
2. Also the way Holzer filled and graded his lot, water comes
over the top of the walls and around the ends of the walls
onto the neighbors' properties.
3. There should be drainage swales on the Buceys' side of the
property lines to carry the water streetward and lakeward
without it coming onto the neighbors' properties.
4. The Buceys should not cut down trees on the cliff down to
the lake on the Smerlings' side of the property line.
5. The Buceys should not dump leaves over onto the steep cliff
as that kills the ground level vegetation and will set the
stage for mud slides in the future (as along Co. Rd. 15 in
Minnetonka Beach). Such slides can cause erosion slides on
the Smerling side of the property line as well as on the
Buceys' own land.
6. In general, the proposed improvements are too tall, too
massive and too close to the Smerling property for a lot the
size of the Bucey lot. The Smerlings' light, air and
privacy are compromised by the improvements. The zoning
ordinance standards are "minimums," which should be adhered
to, especially on small lots with small minimum standards.
Each neighbor is entitled to the benefit of the legal
minimums especially where no or few variances are needed if
the improvements are merely made slightly smaller.
7. The proposed new deck will be in the Smerlings' west and
northwest views, and at a higher elevation due to the
filling Holzer did.
Michael Gaffron
City of Orono
2750 Kelley Parkway
Long Lake, :MN 55356
cc: Mr & Mrs Louis Smerling
Mr. Robert G. Mitchell, Jr .
Re: Mr. Mitchell's letter dated May 4th, 1994 .
Dear Mike,
Date 5/06/94
This letter is in reply to Mr. Mitchell's letter to you dated 5/04/94 . He is appearing to
fabricate the facts regarding the tree which was cut down about three years ago. First, we
feel he is misinformed about which tree on the hill was cut down and in fact the tree that
was cut down was on my property.
Second, the tree was dead! This is fact.
These facts can be corroborated by three families, two of whom where direct adjacent
neighbors to the Bucey family and the Smerlings and one family the Stinson's , who live six
homes to the north of the Bucey property ..
About three years ago, the prior neighbor to the north Mr. Chuck Downey informed me
that the tree on my property was dead and had Ducth Elm disease. Since we were not
aware of this disease , we were frightened to hear it could spread to the beautiful trees we
have on our lot and throughout the neighborhood . · Since the small tree (the size of an
adults hand) was dead it was decided to cut it down . But before taking this action we
sought the opinions of two other families about this dead tree. Before the small tree was
cut down I asked for the three families to come and look at this tree. They all commented
it was dead and needed to be cut down . The three families who were eyewitnesses to the
dead tree were as follows:
• Mr. Bill Miller (residence adjacent to the Smerlings on the south side of her property)
2691 Casco Point Road
Wayzata, :MN 55391
• Mr. Chuck Downey (now the Shutts residence)
2675 Shadywood Rd
Orono, :MN 55391
.\..
• Mr. Jim Stinson (located 6 homes to the north on Casco Point Road)
2623 Casco Point Road
Wayzata, MN 55391
Let me assure you, one of the reasons we spent our life's earnings on this property was not
only because it was on the lake but because it was also decorated with beautiful trees and
magnificent bushes which money could not buy. If one stands on my lot and looks west at
the lake you can see we have clearly done nothing to accommodate better views. We
enjoy the privacy & shade that the trees offer our home from the water craft. As you can
see we have plenty of water to view without cutting down any live trees. Therefor there is
no reason for us to deliberately take any action of this kind ( cutting down live trees) and
find it interesting that one would bring this up one week before our Planning Commission
Meeting.
All three eyewitnesses will be writing to the City of Orono regarding the dead tree but
because of time limits and since Mr. Mitchell has brought this up at the last minute I feel it
necessary to forward our comments regarding this issue.
I won't even go into the maintenance issue since all the neighbors know we take great
pride in our property regarding its appearance and impact on the neighborhood.
I guess this is what Mr. Mitchell means from his statement in his letter dated May 2nd that
we may have trouble.
Sincerely, ~•Y?-
·•-~/
LINDQUIST & VENNUM
DATE:
4200 IDS Center
Minneapolis, MN 55402
Telephone: (612) 371-3211
FAX: (612) 371-3207
FACSIMILE c;ovER LETI'ER
May 12, 1994
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME:
FIRM/COMPANY:
CITY:
FAX NUMBER:
FROM:
Mike Gaffron
City of Orono
Orono
473-0510
Robert G. Mitchl;lll, Jr.
We are transmitting ...l. pages, including this cover letter.
If transmission is incomplete for any reason, please call.
NOTES:
Mike,
TIME: .11;45 NOON
I would like you to please give me a call at 371-3262 to discuss before I give the
attached t.o the Buceys. Thanks.
RGM
...-.-,' ' '.-°":l•.,-"7-'"!" t J...,T
''··l•'.\•·,!· r-,n,'::! ___ 1r, '· .. ·'Ll~'--1..ILJ c·-1,·-t.>·-t, ,-::,-:: .1--1' t-:-CCT ,•·?T .... ·en
' , ·~·
Mr. and Mrs. Ty Bucey
2677 Casco Point Road
Wayuita, Minnesota 55391
Mr. and Mrs. Louis Smerling
2522 W. Lake of the Isles Pkwy.
Minneapolis, MN 55405
Re: Proposed New House
Dear Mr. and Mrs. Smerling:
May 12, 1994
We gave you the new plans for our proposed new house on May 9, 1994. We will
be presenting the new plans to the Orono Planning Commission on May 16, 1994, for
approval of needed variances. Those plans consist of the following:
Page 1 --Survey (Rev. 5¥6-94)
Page 2 --Site Plan
Page 3 u East Elevation
Page 4 --West Elevation
Page 5 --South Elevation
Page 6 ~· North Elevation
Page 7 --Lower Level Blueprint
Page 8 --First Floor Blueprint
Page 9 ~~ Second Floor Blueprint
You have now had a chance to have Bruce Schmidt, your architect, look at these
new plans and you have communicated to us your comments concerning our entire
project. In order to amicably, in a neighhmly way resolve any differences we may have
with regard to our project, we hereby make the tallowing agreements with you:
1. We will bui1d the project according to the above-referenced nine pages of plans, if
approved by the City of Orono.
2. Understanding that the mass of our new house is greater than our old house, we
have done the best we can to lessen the negative impact of that mass on your
property. You understand that we need a number of variances to be tible to build
this new house. We revised the house c.lesign so that the lower level is, in fact, a
basement level which do,es not count as a story. Thus, our new house is t)nly· two
stories tall according to the building code. We have also broken up the roof and
rn ·d 1t:11m
i
,.__,/
Mr. and Mrs. Louis Smerling
May 12, 1994
Page 2
wall line at the southwest corner of the house. We specifically agree to add
shutters to the windows on the South Elevation similar to the shutters shown on
the East Elevation so as to present a nicer look toward your property and to
further break up the mass of the south wall of our house. The so.uth w<ill is
located 14 feet north of our south property line. The new deck on the west side
of the house is as shown on the Survey and Site Plan and conforms to Orono 1s
average lakes~ack requirement, as well as being far enough back from the
bluff under the pro~ew bluff ordinance.
~ /JC)v..J
3. We agree tCl prepare and have approved by Orono, before commencement of
construction, a. grading and drainage plan, which grading and drainage plan will
carry the water from our house easterly toward Casco Point Road, and westerly
toward Lake Minnetonka without having it fiow onto your propeny. We
understand that we will have to grade some drainage swales on our side of the
retaining walls in order to control that runoff.
Based on our undertakings set fortll above, we understand that you will not
oppose our request for variances at the Orono Planning Commission me~ting on May 16,
1994. If this is correct, please so indicate by signing and returning the enclosed copy of
this letter. Thank you.
Understood and agreed this
--~-day of May, 1994.
Louis Smerling
Beverly Smerling
Sincerely yours,
Ty Bucey
Mila Bucey
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #1919
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 4/22/94
---------------------------------------------------------------------------------------
TO: Ty Bucey
2677 Casco Point Road
Wayzata, MN 55391
COPIES TO: James Cradit
67 Eighth A venue NE
Mpls., MN 55413
RSI Restoration Services, Inc.
15800 32nd Ave. N.
Plymouth, MN 5544 7
ATTN: Don Becker
----------------------------------------------------------------------------------------
TYPE OF APPLICATION: Variances
----------------------------------------------------------------------------------------
DATE OF MEETING: 4/18/94 VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Tabled for reasons noted below.
NOTES AND SPECIAL CONDITIONS:
Tabled due to:
1. Bluff variance issue.
2. Requirement for comprehensive legal notification.
Planning Commission reviewed the various aspects of the proposal and gave general comments.
It should be noted that:
• Some commissioners strongly urged no increase in "lot coverage by structures"
above existing 18 .4 % .
• Applicant was encouraged to work out issues with neighbors, especially in
lowering the structure.
• Planning Commission did not close the door on possible grading/cutting in the 0-
75' zone ...
In order to cover all anticipated variances, publication of public hearing notice for the May 16th
Planning Commission meeting will include:
Lot area variance
Lot width variance
Hardcover variance
Lot coverage variance
Side and street setback variances
Bluff setback variance
CUP /Variance for grading
within 0-75' zone and
within bluff impact zone
Building height variance.
PC Action Notice -#1919
April 22, 1994
Page 2
Applicant's next scheduled meeting is confirmed as:
Planning Commission Monday May 16, 1994; meeting starts at 7:00 p.m.
Please submit any new information or revised proposals no later than May 9, 1994.
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.
TO: Planning Commission Members
Ron Moorse , City Administrator
FROM: Jvi ichael P . Gaffi:on, Asst. Planning & Zoning Administrator
DATE: April 14, 1994
SUBJECT: #1919 Ty Bucey, 2677 Casco Point Road -Variances -Public Hearing
Application: Request for a number of variances to construct a new residence to replace one that
burned just before Christmas. ·
Note: You may have to walk on the property to the south to access this site -the neighbor has
no problem if you do.
Zoning District -LR-1 C
Variances Required/Pertinent Code Sections
(L/ Lot Area : Required -21,780 s.f. or 0.50 ac.
Existing -12,894 s.f. or 0.30 ac.
Variance -8 ,886 s .f. or 0.20 ac. (40%)
Ordinance Section 10.25, Subd. 6(B) ~
L 2.
3.
Lot Width : Required -100'
Existing -60 '
Variance -40 ' or 40%
Ordinance Section 10.25 , Subd. 6(B)
Lot Coverage by Structures:
Proposed House:
Proposed Deck:
Existing Garage:
Existing Boathouse:
Proposed (2,917 + 12 ,894): 22.6%
Allowed : 15 .0 %
Previously Existing : 18.4%
Ordinance Section 10.~ Subd. 14(C)
Proposed
1,646 s.f.
496 s.f.
615 s.f.
160 s.f.
2,917 s.f.
/2,0V I SI otJ
S--(, ~1'-I Prior
l!,>'1~ 1,599 s.f.
2'tC> 0 s.f.
C:,IS 615 s .f.
1 "'° 160 s.f.
2;111':,t 2,374 s.f.
4 . Hardcover:
Pre-Existing Proposed Allowed
0-75 ' 7.9 % 7.9% 0 %
75-250' 47.6% 43.l % 25%
Variance
(No change)
18.1 %
Ordinance Sections 10.22, Subd. 2; 10.55, Subd. 8; 10.56 , Subd. 16(L)
Zoning File #1919
April 14, 1994
Page 2
5.
6.
Principal Structure Side and Street Setbacks
(Since the existing detached garage is proposed to now be attached and roof raised 4'-5',
variances are required for its existing substandard location.)
Required Existing
Garage Side Setback: 10' 1.95'
Garage Street Setback: 30' 21.8'
Ordinance Section 10.25, Subd. 6(B)
Bluff Setback
Variance
8.05' (80%)
8.2' (27%)
(Under current technical definition, top of bluff based on a mid-lot cross-section is 2'
lake ward from proposed decks)
Required Setback from Top of Bluff: 30'
Proposed: 2'
Variance 28'
• NOTE: Under the proposed zoning amendment, no variance would be
required in this case . . .
Ordinance Section 10.56, Subd. 3.2; Subd. 16(C)
List of Exhibits
A Application
B -Letter of Request 4/14/94
C -Plat Map
D -Property Owners List
E -Proposed Site Plan
F -Pre-existing Site Plan
G -Hardcover Calculations
H -Building Plans
I Bluff Cross Section by Staff
J -Photos Submitted by Applicant
K -Documentation from Previous Grading Approval -Resolution #1079
Discussion
The Bucey residence was destroyed in a fire on December 18, 1993. On December 30th the
City received an application for a building permit for "fire repair". That application was
subsequently withdrawn when the owners concluded that while the house was salvageable, the
cost of repairs would approach the cost of a new house. An application for construction of a
new residence on the site was submitted on February 15, 1994. A demolition permit was issued
on February 25th.
In the ensuing weeks the building inspector called out a number of problems with the proposal
related to building height and grading plans. It was the initial intent of the property owners to
Zoning File #1919
April 14, 1994
Page 3
create a walkout situation on this relatively flat lot that has a steep bluff in the 0-75' zone. At
least three plan revisions were made in an attempt to meet all code requirements. However, as
some issues were resolved, others were encountered. Once it was discovered that the submitted
hardcover calculations were calculated incorrectly, applicants were notified that a variance would
be required.
A variance application was submitted, and during review of the application staff has concluded
that there are six specific variances that must be addressed, although the public hearing was
published merely for the hardcover variance. That in itself raises some question as to the
validity of this hearing, although the immediate neighbors have been notified of the variance
application and abutting neighbors have seen the proposed plans. Staff anticipates that a number
of the adjacent neighbors will be in attendance at the Planning Commission meeting.
Variance Review
• Lot area/lot width
The lot area and lot width variance is inherent in any substandard lot situation
where an existing house is removed and new one is proposed to be constructed.
At 60' wide and approximately 1/3 acre, this lot is practically the smallest
building site in the immediate neighborhood (see plat map). However, a house
has existed on the property for many decades, and improvements have been made
through the years. This was obviously the Buceys' homestead property and
denial of lot area and width variances (hence denial of buildability of the lot),
would certainly be a hardship for the property owners. Unfortunately, the small
lot size magnifies the degree of variances required in order to rebuild.
• Lot coverage by structures
The 1990 "accessory structures" ordinance amendment included limiting lot
coverage by structures to 15 % of total lot area for lots less than 2 acres in area.
The pre-existing lot coverage by structures was 18.4% including house, garage,
and boathouse. The new proposal increases lot coverage to 22. 6 % , due to the
addition of decks and a connecting link between the garage and house.
Are there sufficient hardships demonstrated to justify this magnitude of lot
coverage by structures?
• Hardcover
Pre-existing hardcover in the 0-75' zone is 7.9%, and no changes are proposed.
That hardcover includes a boathouse as well as stairways and walkways.
Zoning File #1919
April 14, 1994
Page 4
In the 75-250' zone, hardc.over is proposed to decrease from 47.6% to 43.1 %
where only 25 % is allowed. Pre-existing hardcover proposed to be removed
includes small portion of driveway, a slab behind the garage, and other
miscellaneous rearrangements of walkways.
Is there adequate hardship shown to justify the proposed hardcover variance? Are
the proposed reductions in hardcover adequate under the unique circumstances of
this lot?
• Street and side setbacks
It is worth noting that the existing garage was reconstructed under variance
approval in September 1978. A garage has existed at this location as close as 2'
from the side lot line and approximately 20' from the street lot line since 1975
or earlier. The variance is necessary because the roof envelope is expanding
upward in a substandard street and side yard setback, and the fact that the garage
and house will now be attached suggest that we are now being asked to grant
setbacks for a principal structure rather than accessory structure. The neighbor
to the south, Mrs. Smerling, has expressed to staff her opposition of allowing the
garage roof to be raised, noting that it will block her morning sunlight to an even
greater extent than it is now blocked. Is there sufficient hardship to grant a
variance allowing the existing garage to be 4' higher as close as 2' to the side lot
line?
• Bluff setback
Staff initially reviewed the bluff status of this site approximately two months ago
and initially concluded that the top of the bluff was at approximately the 955'
contour and that the proposed construction met a 30' setback. In the weeks that
followed, intensive bluff interpretation discussions with the DNR ensued and
consequently staff concluded that the current code is neither practicable nor
defensible. That is why tonight's agenda includes a proposed "top of bluff"
definition amendment.
Under the current definition, "top of the bluff" for this property is 2' lakeward
of the proposed decks, and virtually all of the decks and a significant portion of
the house would be encroaching the required 30' top of bluff setback. However,
under the proposed ordinance amendment, top of bluff would be approximately
47' inland from the shoreline, and the 30' setback from top of bluff would not be
encroached upon by either decks or house.
Zoning File #1919
April 14, 1994
Page 5
Planning Commission should be aware that while the Vergeyle bluff variance
application was approved, since then other applications have been held up until
the code amendment is completed. Planning Commission may wish to consider
whether the hardships in this case justify granting of this variance without delay.
Grading Plan Discussion
The previous owner of this property, Mr. Holzer, commenced grading on the property including
work within 75' of the shoreline, in 1979. After extensive review by the Planning Commission
and Council, a conditional use permit and variance was granted to allow grading to continue
subject to specific conditions. Please review Exhibit K, Resolution #1079 and Exhibits, which
define that approval.
As a result of the grading work, existing grade today appears to be perched 2' -4' higher than
the properties on either side, held in by retaining walls. It was clearly Mr. Holzer's intent to
have a flat yard rather than a yard that gently slopes away from the house towards the neighbors
as the submitted photos (Exhibit J) suggest. The City apparently found some merit in the
proposal in the potential to direct drainage away from the neighboring properties and towards
the lake.
Building Height Question
The applicant's architect, Mr. Cradit, has worked extensively with the building inspector to
design a house that meets the 30' maximum height limitation. In doing so, he has in effect
created a three-story structure based on the definitions in the Uniform Building Code. Briefly,
that definition states that if a floor is more than 6' above grade on all sides, the space below is
considered as a story. Therefore this is a three story building, while the zoning code height
limitation in Section 10.25, Subd. 6(A) reads as follows:
"A. Height. No structure or building shall exceed 2 1h stories or 30' in height except
as provided in Section 10. 7 5".
(Section 10. 75 discusses unique features such as antennas, flag poles, chimneys, etc. which are
allowed greater height but are not pertinent to this discussion).
The building staff has rarely used the 2 1h story limitation because it is difficult to interpret.
There is no definition of what constitutes a "half-story". As Planning Commission is aware, it
is not unusual to have a lakeshore walkout residence with three levels of living area visible from
the lake side plus a steeply pitched roof. Such structures technically meet the 30' height
limitation but in fact may be as much as 45' in total height from the walkout grade to the peak.
Although it is essentially an aesthetic issue, the neighbor to the south has suggested that this
house will tower above the neighboring houses and may not be visually compatible with the
Zoning File #1919
April 14, 1994
Page 6
neighborhood. Planning Commission may wish to discuss whether the magnitude of variances
requested impact the visual aesthetics of the neighborhood. On purely the height issue, the City
has not to staff's knowledge denied variances specifically based on visual incompatibility with
the neighborhood. Of course, visual compatibility is in the eye of the beholder.
In viewing the site on April 13th I reviewed the plans for this property with the neighbor, Mrs.
Smerling who would like to see the house reduced in height to become more compatible with
the neighborhood. Putting the house deeper into the ground would lower it, but a walkout from
the lowest level would have to become a "walkup" or alternatively, a variance to allow
excavation for a walkout in the 0-75' zone would be necessary. Planning Commission may wish
to consider whether, in the scheme of things, such a proposal should be pursued by the
applicant. It would be inconsistent, however, for the City to allow 0-75' excavation to create
a walkout when the City has denied that in a number of other lakeshore applications.
Request for Speedy Referral to Council
Please review applicants' letter of request dated April 14th. Due to the various delays to-date,
applicants wish to commence construction as soon as possible.
Options for Planning Commission Action
Planning Commission has a number of options, including:
1. Approval all variances as presented.
2. Approve some variances but not others.
3. Denial of variances.
4. Table for further information.
5. Other.
Any recommendation for approval should clearly specify the hardships supporting such approval.
A denial recommendation should be similarly justified. If the request is tabled, give applicants
very specific direction as to how to proceed.
Note: Prior to the meeting staff will confer with the City Attorney regarding whether published
notice was adequate for the total application.
ch
• ~\(A_\~
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CITY OF ORONO -VARIANCE APP:bICA3rION U
ti$;,:
~.)i . ·.
i ' t I ' 1 ' Ll 1 · lit ~ .. -~z~ =
Initial Application Fee $200 .00
($50. 00 per each additional variance)
Renewal Variance Fee $100.00
(no change from original application)
Variance for non-conforming structures $200. 00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMA TION
Site Address 2:Ao-Z-1 (lPISc.o Po,·~T Ao 0'2ol'vo
Property Identification Number (P.I.D .) o -, -&'-3 .;;i '.3 o tJ ->-6
Attach legal description to application if not included on required survey .
Date Pr~ Acquired---:-_~ ________________ (month/year)
I (do)~ also own the adjacent parcels of land.
Present use of property : _K_residential __ other (specify) ----------Zoning District: --------------------------
APPLICANT
Name 7:( Bu.~
Address: ~+z filc.o f-\--e&
0..-enJ ,'rrfo
Phone (home) 4'11 -~-,½
Phone(work) '+1 j •, b "1.S
City: ~ Zip : '5~ I
OliVHIJR (if different than applicant) Phone(home) 4 7 Lj -1 c -2-.:. ~
Name ,L ~ ~S I. 8,.sfo (a...'h' a n &rv,~l].one (work) 5 '53 -t Ll-J 7
Address: {5% Oo 3~/-..JD aLJ,A. ,l) /) City:Ucrrno..J:l-:::-::., Zip: 6'5 '-/LI 7
DESCRIPTION OF REQUEST Estimated Construction Cost$ -------
Describerequestindetail: lU4-tt\~G /2.oot:J t1i.J0 DN {;1/-/9'/11'.J b
C/J,eA~G -ro /UA:>r~ /lle,w t--hM6-IUAl!:!6 ~A-dk#f=b
(attach additional sheets if necessary)
VARIANCES REQ{!IRED
Lot Area Lot Width ·
~ Setback: Front _!S_ Side
Hardcover
Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
(attach additional sheets if necessary)
7
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. 1..._ Completed Application Form
2. . :i_ Certified Property Owners List of owners within 150' (you must obtain this list from
Hennepin County Department of Finance, A-603, Govt Center, 348-3271).
3. _'II _ Plat Map (obtained with property owners list). .
4. -~-Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½ 11 x 11" for
reproduction.
5. v_ Topographic survey (existing and proposed elevations) if any changes in existing grade
are proposed. In addition, provide one (1) copy 8½ 11 x l l 11 for reproduction.
6. 1_ Sketches or plans of floor & elevation views (provide one (1) copy 8½ 11 x ll 11).
7 . ....:{__ 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).
8. _L As av _addendum to this application, please attach a separate list of any other persons
you wish notified of this application. ~.,.,__
9 . _ 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 applicant hereby agrees to provide all inforn;iation 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 ~~i-(..A tr --(':'.\_151ll'o •1
OWNER'S SIGNATURE
Date
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 -:i; £,~ ~ tvu,~ Date _3~,_Z!t,_Ci_~-+--
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are held on the thi,rd 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.
8
April 14, 1994
Orono Planning Commission
Charles Schroeder, Chairman
Crystal Bay, MN 55323
Ty & Mila Bucey
2677 Casco Point Road
Orono, MN
Chairman and other planning members:
I am writing this letter to give you information for our variance hearing scheduled for
April 18th, 1994.
On December 18th, 1993 my family experienced a fire in our home that made it
necessary to tear down our house at 2677 Casco Point Road. We were moved to the
Lafayette club for temporary housing and started planning to rebuild. Due to the
extremely cold winter weather we were delayed and a further delay occurred when it
was determined we needed a variance for the hardcover in the 75' -250' lot area,
even though we will have less coverage than before.
On February 1st, 1994 our family was moved to moved to temporary housing near our
burned home. The temporary housewas on the market for sale, but we felt we could
build before we would have to move. On April 1st, 1994 we were given notice of a
sale and will have to move by May 31st, 1994.
Therefore, we are requesting that our hardcover variance request be considered at the
hearing on April 18th, 1994 and forwarded to council chambers for their next meeting
on April 25th, 1994 for final approval.
You may contact us at 471-9335 as to your decision on our request.
Thank you for your time and consideration.
Ty and Mila Bucey
~-ll
TORRENS
CASE 15624
,,
( 20) _,,,, \ .~---\
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DOC NO 2931404 1
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RUN .DATE 03/25/94
BATCH 005
PROP ADDR
pWNER 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
BEVERLY $MERLING
BEVERLY SMERLING
2552 W LAKE OF ISLES PKWY
MPLS MN 55405
3~ 20-117-23 23 0020
02677 CASCO POINT RD
TYRONE A ~UCEY & MILA BUCEY
TYRONE A & MILA BUCEY
2677 CASCO PT RD
WAYZATA MN 55391
38 20-117-23 24 0001
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 0029
02649 CASCO POINT RD
J & J SCHERVEN
JON SCHERVEN
2649 CASCO POINT RD BOX 120
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 Z3: 0002
02691 CASCO POINT RD
WILLIAM F MILLER
WILLIAM F MILLER
2691 CASCO POINT RD
WAYZATA MN 55391
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 0002
02660 CASCO POINT RD
V & G BULLER
VERNON J BULLER
2660 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 55?91
.REPORT NO. PI435401
PAGE 13
38 20~117-23 23 0003
02695 CASCO POINT RD
JOHN T REDMOND
JOHN T REDMOND
2695 CASCO POINT RD
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 0003
02684 CASCO POINT RD
D L RUNKLE & L F RUNKLE
DAVID L RUNKLE
2684 CASCO POINT Rb
WAYZATA MN 55391
TOTAL BATCH 005 00011
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;f ..... ol,nn, . ~ M, ·t
DATE3~BY · . ~ /J
·-
RESTORATION SERVICES INC.
------/a~ ';it ------.... __ _
I • ,_________
Lot 135. SPRING PARK
Proposed building Information must be checked with apprOYed building •
plan before oxcavation and construction.
The onty easements shown are from plats of n,cord °' Information provided by
client. ·
Wa hereby certify that this is• true and con-ec:t representation of a au,wy of the
boundaries of the above described land mld the location of all buJldlngs and vis
Ible encroachments. If any. from or on said land.
Surveyed by us this 4tb dayof February 19 _94 ___ _
LOT SURVEYS COMPANY, INC:.
LAND SUP.,VEYORS
REGISI'ERED ERLAWSOFSTATEOPMINNESOTA
560-3093
.......
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IN VOi CE NO .31:;;;:3::;:;3:;:;.3 ___ _
F. B. NO. ~36/23-2
SCALE l"_.;;;.20_' ____ _
0-DENOTES IRON
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C)·~-
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V .' ()
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·,
RESTORATION SERVICES INC.
--.,,,_ -. --------,,, a -;r "' ----------..... ·--...
,
/
1-q" c?f &;LOf'e<:,..y _/-d
Lot 135,. SP.RING PJ\RK
Proposed building information must be checked with approved building
plan before excavation and construction. ,
The only easements shown are from plats of record or information provided by
cJlenL .
W9 hereby certify that this is a true and correct representation of a survey of the
boundaries of the above described land and the location of all buildings and vis
ible encroachments, if any, from CK on said land.
Surveyed by us this Atb day of February 19 _9_4 ___ _
··--
LOT SURVEYS COMPANY, INC.
·-~---. __ .
LAND SURVEYORS
REGISTERED UNDER LAWS OF STATE OF ~\UNNESOTA
7601-73rd Avenue North
. i
Minneapolis, Minbesota 55428
'2.-~
7 F 1 -
u,_, "?, ~f--:..e::..,
'1 4.Jc:,71 ·-i
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560-3093
' /
7 ,LA...:._ w ,_,_~
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INVOICE NO.36:~ __ 33: __ 3 ___ _
F. B. NO. 636/23-2
SCALE 1" __ 2 __ 0_1 ____ _
0-DENOTES IRON
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-E..~1,t;,·rtub HARDCOVER CALCULATION WORKSHEET ~ ~'?Ci?o -s, .c::7
SETBACK ZONE: (CIRCLE ONE)~ 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A, HousE _____ x _____ ::a: _____ s,F,
LENGTH WIDTH
_____ X _____ = _____ S,F,
~----X _____ = _____ s, F,
_____ X _____ = _____ S,F,
_____ X _____ :.:: _____ S,F,
6oA.+ \.lv~{..
B, 6AR,~C:ti: ___ \_(t,_·_ x __ l_-c, __ _ _____ lb_o __ s,F,
C, DRIVEWAY _____ X _____ .: _____ S,F,
_____ x ____ _ _____ S,F,
J ""I ~' \ d D, SIDEWALK ___ tt:>_v __ X __ --:? _____ = ___ a_o __ S,F,
E, PATtO/
DECK
-
F,UNDSCAPE ____ _
AREAS
UNDERLAlN BY . , ____ _
?LASTlC
.iHEETING
G, OrHER 2j
X
X
X
X
X
X
X
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= _____ S,F.
= S,F,
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3 "'· "1.S S,r, m TOTAL HARDCOVER IN ZONE
ToTAL PROPERTY AAcA IN ZoNe _____ S,F, [i)
X 100 -= _1_, G'f ___ ;% ··---
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14-0 ~-:c,o ',(° I~ ": 4-z..oo
-~ttS7C uG. HARDCOVER CJ\LCULAT I ON WORKSHEE
13<., ')( '-a,g 1< ,S' :-41?4,4
1'2>-t~c.--~,;.+. 4-... TT -•
Sc:TBACK ZONE: (c IRCL.E ONE)
ExISTlNG HARDCOVER IN ZoNE
250-500' 500-1000'
--------~-------------~---
A. HousE ____ 3 .... cf __ X 4\ l5'f'i_ S,F,
LENGTH WIDTH
X _____ = _____ S,F,
..
x· _____ = ____ S,F,
a. GARAGE ~o
c. DRIVEWAY ~I.G?7
f!>ir \1 f ,,; 0
\'0 C~i'-~<lii""
O,. SIDEWALK _____ 3 __
rs, .J.. ...... , 1 ~ ~~+o _on_,~_{ __ 4,__.· _
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C<)1J1Jt'tC/"f O~,( /
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11:f
F,l.ANDSCAPE _____ _
AREAS
UNDERL.AlN av · 1 ____ _
PLASTIC
SHEETING
X _____ = _____ S,F,
X = S,F,
X U), t;; lPt'5 S,F, ----
X "22~ 5 ----'---= _ ............. 'l /; ___ ?_, S" st F.
X 1o·
X 41.,. ____ = __ Jz_,_· .. ~ S,F,
G" I & c,, o
X ? ____ z__o_, ~ S,F,
X lb. 5" _____ = __ 9_Y,;,,...,_~-:__ S, F,
X IS -------.
X 78 __ ,__ __ "" ___ 1_$ __ S ,F,
X I I'-/ _____ = __ J_I l/ __ S,F,
X -----= -----S,F,
-_____ X _____ $t _____ S. F,
IJO~.tUHtn.(. 4,' t ;, £f S' 41
c:!'/2 tJM~ ·-·----,---••·••······-'2, 00, G, 0iHER 2 X _____ = _____ ~.F, ..
TOTAL HARDCOVER IN ZONE -
ToTAL PROPERTY AReA IN ZoNE
____ .,.. ___ ...,_ _ _...,_
_Ii -·, i -l_·_
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'f!lo fc::>~~o HARDCOVER CALCULATION WORKSHE~
S~TBACK ZONE: {crncLE ONE) 250-500' 500-1000'
EXISTING HARDCOVER [N ZONE --------------------------
A. HousE ~~x ~· ~ IL/ lf_o
LENGHI WIDfH
'!__ X '2a = ga. S,F, I~¼>
\L_x /6.S = /2~ S,F
_x = S,F,
_x = S,F,
a. GARAGE ;>O~x io.~ Ci,fS: S,F,
c. DRIVEWAY 1\,il_·x lo. 5 = Li '-f Y, S,F,
_x S,F,
s~~~-o 4 l t,.
D .. SIDEWALK :, X 4D -= s, F,
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?+tf~ __±_ X 5 ... ~ J..O S,F,
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1;~/\REAS
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-_x i;;,1 S,F,
'fbfltl(..c) ll t; ;.@: $';;
G, f;J;MSI _x ~.F,
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_________ _..,.._
....
TOTAL HARDCJVER IN ZoNE -S,F, m I
ToTAL PROPERTY ARgA IN ZoNE g~~IJ. i S,F, (jJ I
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il C I. ASSOC. hos node every effort to be occur-r. t r ,ind correct
, this project, but connot guc,rontee ·thcd unfor_ss-~·, :,,nplicc,tlons
ny a.rise, If conpllcotlons · do or-tse, JBC L ASSOC. C· .' (r,..ctor Clnd
,,ner ·sholl tr'y ·. to ·r esolve to D•ners SQttsfClctton .-to whc,t Is
·est . sultClble ·. to conditions. T_he Owner shciU bec,r <:· : I ~ for-tll'le
.nd rio.tertol . of ' both Contractor-ond JBC I.ASSOC. t ,. , r,d<?slgn Qnd
·r"epa.r-1!. dr-~.,,lngs: a.s necessar"'y,
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RESTORATION SERVICES INC.
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LOT SURVEYS COMPANY, INC.
LAND SURVEYORS
REGISTERED UNDER LAWS OF STATE OF MINNESOTA
7601-73rd Avenue North
Minneapolis, Minnesota 55428
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560-3093
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Proposed building inlonnation must be checked with approved building
plan before excavation and construction.
The only easements shown are from plats of record or information provided by
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INVOICE N0.36333;;;,;::::=----
F. B. NO. 636/23-2
SCALE l .. _"'i!S.:;:::.,;;,;' ___ _
0 -DENOTES I RON
We hereby certify that this is a true and com,ct representation of a survey of the
boundar1es of the above described land and the location of all buildings and vis
Ible encroachments, if any, from or on said land.
Sum!yed by us this -4th,__ day of February 19 _:9c..4:,__ __ _ Signed
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RESOLUTION NO. 1079
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND VARIANCE FOR ALEXANDER HOLZER
WHEREAS, the Planning Commission and Council have reviewed
at length an application by Alexander Holzer to install certain
retaining walls and accomplish certain grading on his property located
at 2677 Casco Point Road; and
WHEREAS, said proposal entails grade changes and site
alteration on an embankment within 75 ft. of Lake Minnetonka, which
work requires a variance to Section 31.830 et. seq. of the Flood
Plain Management Section of the Orono Municipal Code; and
WHEREAS, said proposal entails general site grading and
retaining wall construction not a part of a normal building permit,
which work requires a conditional use permit pursuant to Section
31.700 of the Orono Municipal Code; and
WHEREAS, some of the above work was undertaken prior to
application for the required permit and/or variance and has been
suspended pending the outcome of this application,
NOW, THEREFORE, BE IT RESOLVED, that based upon Planning
Commission and City Staff research and the information supplied by
the applicant, the City Council hereby makes the following findings
of fact:
1. Certain portions of the work are necessary to prevent
undue erosion and/or water drainage to the neighboring
properties, specifically damage to the boathouse on the
property to the north and possible erosion damage to the
embankment on the property to the south.
2. Certain amounts of the existing retaining walls located
underground are beneficial in preventing possible erosion
or slippage of the applicant's embankment.·
3. Certain amounts of site grading are desirable to slow
and/or direct the flow of surface waters for erosion control.
4. Certain other amounts of site grading and especially
wall construction above the ground are not required for
drainage or erosion control purposes and may affect the
lakeshore visibility from adjoining properties.
5. Certain amounts of the wall construction are contrary to
Sections 34.201 and 34.202 of the municipal code which
prohibit the construction of buildings or hardcover within
75 ft. of the lakeshore or ahead of the average setback of
lakeshore residences.
Resolution No.
Page 2
1079
6. Some work is required to be accomplished as soon as
possible to restore vegetation to the land, correct
improper portions of the work already accomplished, and
to prevent undue erosion over the winter.
7. Special conditions applying to the land in question
are peculiar to this property and immediately surrounding
property and do not apply generally to other land or
structures in the district in which said land is located.
8. The granting of portions of the application is necessary
for the preservation and enjoyment of a substantial property
right of the applicant.
9. The granting of permits including a variance to allow
a certain extent of the work to be completed will not in
any way impair the public health, safety, comfort, morals
or general welfare, nor the value or security of adjoining
properties.
10. The granting of the permits for some of the work will
not be contrary to the intent of the Comprehensive Land Use
Plan or the Zoning Code.
11. The granting of the necessary variance will not merely
serve as a convenience to the applicant, but is necessary
to alleviate demonstrated hardships or difficulties to
allow correction of the existing problems and to secure the
interests of abutting property owners in maintaining the
value and security of their property.
FURTHERMORE, BE IT RESOLVED, that based upon the foregoing
findings the City Council hereby affirms the conceptual approval
for such work as granted at the September 25, 1979 Council meeting
according to the following conditions:
1. Work shall be done essentially as proposed on the drawing
made by Gordon Coffin Company, dated September 18, 1979, as
clarified by the letter of Robert Mitchell, dated
September 25, 1979, except that the top of the buried portion
of the wall across the front of the property shall be at
elevation 958.33 ft.
2. Final grading shall be reviewed and approved by the
City staff.
3. Drainage patterns shall be essentially as shown, with
no piped drainage to Lake Minnetonka.
4. All exposed earth shall be satisfactorily sodded or
seeded to control and prevent erosion, with steeper portions
of the embankment to receive additional vegetation having
deep root systems.
Resolution No. 1079
( Page 3
16
ATTEST:
5. Any work required to correct and restore areas on
neighbor's properties shall be negotiated and/or resolved
between the parties as a private matter and is not a
part of these conditions.
6. Work shall be completed this fall, preferrably as
soon as possible, but in no case later than December 1, 1979,
except that portion of the work requiring planting or
vegetation may be deferred and/or completed next spring,
the intention being to fully protect from runoff and erosion
damage over the winter and during spring runoff.
7. Failure to satisfactorily complete the work shall be
considered a violation of the zoning code punishable as
a misdemeanor as provided therein.
8. The applicant shall sign this resolution as an agreement
to complete the work according to these conditions.
Date
/{, 15: ?9
Date
A~, Date
Adopted by the City
day of October
,
... ...
✓ ,
/
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... ~----
:MINUTES OF THE ORONO PLANNING COMMISSION MEETING
. HELD ON MAY 16, 1994
(#7) #1918 JAMES K. Al~D JULIE ANN LYNCH-DANIELS, 1225 ORONO OAKS
DRIVE -RENEWAL CONDffiONAL USE PERMIT AND VARIANCES -
CONTINUATION OF PUBLIC HEARING (CONTINUED)
constructing a driveway, subject to the conditions listed in the staff report. Bill Bonner
stated he was the designer and builder and was present representing the applicants .
Chair Schroeder noted this was a public hearing, and no one present wished to address
the Commission. Bonner stated that they had submitted a new survey for completion of
the driveway started some years ago, and he noted that they are moving a portion of the
original fill which was misplaced, back within the existing easement boundary. He stated
they propose to put in a new culvert and move more fill in so that the fill will cany the
weight of the traffic. He introduced Max Norton , the landscape architect , who concurr ~d
with this.
It was moved by Nolan, seconded by Lindquist , to recommend approval of #1918
Conditional Use Permit for James K. and Julie Ann Lynch-Daniels at 1225 Orono Oaks
Drive , subject to the conditions listed in the staff report. Ayes 6 , nays 0.
(#8) #1919 TY BUCEY, 2677 CASCO POINT ROAD -VARIANCES -SECOND
UBLIC HEARING -RENOTIFICATION
Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication
were on file with the City . Gaffron reviewed the staff report . Chair Schroeder read a
petition which had been submitted by neighborhood residents in support of the
application and a letter from the neighbor directly to the north, Dr. Carl Shutts, into the
record .
Chair Schroeder noted that the drainage issue appeared to have been resolved and the
applicant has reduced the height of the house and garage to address the concerns of
adjacent residents.
Rowlette commented that it appeared that the boat house needed some repairs made
and she stated that if the cost of those repairs exceeded 75% of the value of the boat
house , then it would have to be removed . Gaffron reviewed the ordinance requirements
relating to structures within the 0-75 foot setback area and how they applied to boat
houses.
Nolan stated that while there was some reduction in height, he was concerned about the
building footprint area. Mr. Bucey responded that they have added a deck and made a
connection between the house and garage , but essentially the footprint is the same as the
original house. Nolan stated he felt the house was too large for the lot.
Chair Schroeder stated that the house had been lowered significantly which woulc;i help
with the sight lines from the adjacent residential properties . Peterson commented he
5
l\1INUTES OF THE ORONO PIANNING CO:MMISSION l\1EETING
HELD ON MAY 16, 1994
(#8) #1919 TY BUCEY, 2677 CASCO POINT ROAD -VARIANCES -SECOND
PUBLIC HEARING -RENOTIFICATION (CONTINUED)
was satisfied that the applicant had done what the Planning Commission requested, and
he felt there were times when grading would need to be done within a bluff area. He
stated he supported the proposal.
Mr. Mitchell stated he was an attorney representing Mr. and Mrs. Louis Smerling, and
they were appreciative of the changes that the applicants had made to address their
concerns. He submitted a letter which detailed items which still concern the Smerlings.
These include that the house be built according to Orono building codes and they add
shutters to the windows facing the Smerlings property. They are also concerned
regarding the drainage and trust that it will be satisfactorily resolved. Lindquist asked if
the Smerlings and Bucey's agreed to the terms listed in the letter and all responded
affirmatively. Rowlette stated she felt that the revised plans showed a definite
improvement but she was not in favor of any increase in hardcover on the property.
It was moved by Lindquist, seconded by Berg, to recommend approval of #1919
Variances for Ty Bucey at 2677 Casco Point Road \vith the submitted letter being part of
the application per the revised plans. Ayes 5, nays 1. Nolan stated he felt that the
house was too large for the site.
(#9) #1925 PETER BOVEE, 840 OLD LONG LAKE ROAD -VARIANCES -PUBLIC
HEARING
Chair Schroeder noted that the Certificate of Mailing and the Affidavit of Publication
were on file with the City. Gaffron reviewed the staff report and stated that staff
recommended approval of the request for a side setback variance to increase the roof
pitch in a substandard setback area, based on the findings listed in the staff report.
Charles Nolan inquired as to the existing house not conforming to the footprint shown
on the submitted survey. Peter Bovee was present and stated that there had been a deck
extending from the master bedroom which had been removed, and he would like to put a
roof over the area, possibly to put back a covered deck or expand the bedroom.
Lindquist commented that the survey was not current and it should be up to date prior
to City Council review of the application. He felt that the Commission could approve
raising the roof, but any other changes to the proposal should be resubmitted.
Chair Schroeder noted this was a public hearing, but no one present wished to speak on
this item.
It was moved by Schroeder, seconded by Lindquist, to recommend approval of #1925
variances for Peter Bovee at 840 Old Long Lake Road, to allow the applicant to raise
the roof. Ayes 6, nays 0.
6
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"•· ,,., .. '' l [ II 1! 11 r-1, •--'I •--'"-'~-.• •1 '• .,,,.,,
r 0:d'.23/1994 5' COFF W & GROts!BERG
..LD• C:...l
COFFlN & GRON~ERG
473-4435
I r.
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LINDQUIST & VENNUM
DATE:
4200 IDS Center
Minneapolis, MN 55402
Telephone: (612) 371-3211
FAX: (612) 371-3207
FACSIMILE COVER LE'ITER
May 23, 1994
PLEASE DELIVER fflE FOLLOWING PAGES TO:
NAME:
FIRM/COMPANY:
CITY:
PAX NUMBER:
FROM:
Mike Gaffron
City of Orono
Orono
Robert G. 1VHtcheH, Jr.
·we are transn1itting _!_ pages, indud.-ing this cover leHer.
If transmission is incomplete for any reason, p1euse caH.
NOTES:
TIME: 4:15 p,m.
.l t::1. C: J..
05/23/1994 16:Hl
TO·.
DATE:
# OF PAOES ™CUIDINO
GOFF IM & GROMBERG
&. .l1VC.
LAND SVRVE'YORS,
LONG LAKE, MINNESOT'A
ii) 47:i-443.5
( #) 141
CtiVER PAGE:
.ii!..[-i' J..~1..i:::.,1:, r. ~.::Jc.
PAGE 01
:
05/23/1994 15:01 473-4435 COFFIN & GRONBERG PAGE 02
;
COF'FJN cl: ORONBBRO, JNC,
IIHJIIVU''INO, flNQINaMNQ NIP LANO ft\.ANNIH9
........ T~C:K A\l'aNU'I
"9l!IO lAl(L MIN..,. ••·•·
Mr~. B~verly Sme~ling
2552 w, L~ke of the Isles Farkway
Minn~apoli~, MN 5S405
Dear M~s. Srne~ling:
At your request, I have reviewed the hardcover calculation• on the
propo6ed Bucey ~esidenae to the north of you and hava alao looked
at the drainaga. The exiatin9 and proposed hardcover aalculation1
look fine with one minor item. The deQk as Ghown on ixhibit 8 (the
survey drawing ~&visad 5-6-94) is a little different ~han the one
shown on the Gustafson Design dr~wing (Exhibit C). The deck from
Exhibit C waa ueed in coming up with the 41.36\ h&tdoover in Exhi
bit E .. 2.
Regarding the, drainage issues r t-.he Mike Gaffron memo cf May 13th
s~ggests that the south half of tha Buo~y property be directed
weat rather th~n to the $marling prope~ty to the south. Thi, ia
fine a$ long as the swale extends far enouqh west to abo~t the
9S8 contour as shown on the attached skatch.
Since:rely,
COFFIN & GRONBERG, INC.
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1 ; · P~ buUdtng lnformadon m!J:lt be c:hfteked 'tAth sppraved b"llding .•
pwi btfore •~on and connucitlon.
.
The only -...menta ~ .,. from~ e>l ,-con;I etr JnfQtmall~ pnri!d~ 1w ellont. . ,.,,
; ., W. t.web;i Olrtlfy that, i;,.1, 1, a true MCI CClff9C1 1'9~tatloi, of a ,ur..y of tl'le
t ~"the~ dMm'lbld W"1 and thiJ lceaU~ or aJI bulldll'IOI w vta
ltlto ~iv,,ents, If &l't/, ,~ Cit on l&ld land,
· ~••••;ec:Oyusthl• 4tb .. ,, -of Fe_tn;uarJ. .,t _....94 __ _
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TDTAL p,C14
May 23, 1994
Orono City Council
Orono City Hall
2750 Kelley Parkway
Crystal Bay, MN 55323
Ladies and gentleman:
MRS. BEVERLY SMERLING
2522 W. Lake of the Isles Parkway
Minneapolis, MN 55405
Re: Bucey Project
As you know from Bob Mitchell's letter to Mike Gaffron dated May 19, 1994, I continue
to be concerned about the Buceys' project. I attach a letter I received from Mark
Gronberg dated May 23, 1994. Please note the discrepancy Mr. Gronberg notes between
Bucey Exhibit B, Bucey Exhibit C and the hard-cover computation of 41.36% in Exhibit l 1
E-2. I believe the data should be internally consistent. Exhibit C is the correct depiction,l1
~~~d~iv~~culation is a little off. Apparen{ ;;re is abo) ;~cc:>J9uare f~? 'mor~;of
-{~·:l' t :f ?
Regarding the drainage issue, please note Mr. Gronberg's concern that the south side
drainage swale extend far enough west to the 958-foot contour line, as shown on the
sketch attached to his letter.
Permit me to say that while I am aware of the hard work done by many people
concerned with the Bucey project, I still must state that I feel rushed and pressured to
respond to substantial issues in a quick turn-around time. I have done my best to hire
experts including Bob Mitchell, my attorney, Bruce Schmidt, my architect, and Mark
Gronberg, my surveyor. Nevertheless, I lived through the development of this same
property with the Holzers many years ago, and things did not turn out as well then as I
would have liked. I remain therefore worried that the drainage will somehow not work
out as well as is represented. I also worry that the large, new building and the hardcover
may cause an increased drainage problem. Notwithstanding my comments at the
planning commission meeting of October 16, 1993, made because I felt pressured and
because I was encouraged to compromise with the Buceys, I still feel their new house is
too large for their lot. I want to tell you these things because they are in my heart and in
my mind.
Obviously, I do not control the action you take, and yet it is incumbent upon me to
protect my property as best I can. I therefore tell you that if the drainage works out
improperly and to my disadvantage I will look to Orono as well as to the Buceys to
correct any shortcomings and any damage caused. Thank you for your consideration.
R spectfully submitted,
05/23/1994 15:01 473-4435 COFFIN & GRCNBERG PAGE 02
..
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COFFIN & GRONBERG, INC.
SUIIIVlmiNG. &HOIHltlEl'IINQ ANO LANO 11\.AHNll'fO
"'82-A To\"'441'1A.CK AY•NUII
LONO UU<I. .... N. an••
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5-23-94
Mrs. Beverly Smerling
2552 w. Lake of the Isles Parkway
Minneapolis, MN 55405
Dear Mrs. Smerling:
At your request, I have reviewed the hardcover calculations on the
proposed Bucey residence to the north of you and hava also looked
at the drainage. The existing and proposed hardcover calculations
look fine with one minor item. The deck as shown on Exhibit B (the
survey drawing revised 5-6-94) is a little different than the one
shown on the Gustafson Design drawing (Exhibit C). The deck from
Exhibit C,was used in coming with the 41.36% hardcover in Exhi-
bit E-2. ~--~
Regarding the drainage issues, the Mike Gaffron memo of May 13th
suggests that the south half of the Bucey property be directed
west rather than to the Smerling property to the south. This is
fine as long as the swale extends far enough west to about the
958 contour as shown on the attached sketch.
Sincerely,
COFFIN & GRONBERG, INC.
?!:(.{~
COFFlN & GRONBERG
05/23/1994 15:01
473-4435
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Lot 135, SPRING PARK
Wa he-I-lb)' eattlty tt'lm this ls a ttw and CQC'n,ci ntpnt,kfltatlOO of a SVN'ffY or tht
tx::,onaane:a of the~ ~bed land~ the IQcaUon of a.II bulldlngs &rid~
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~b')'usthl• 4tb a,yof February 94
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From:
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Gusta on Design, Inc.
1 5 Wiscon Rue,
Golden Ua y, MN 5
FaK Phone Number:
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QuickSend
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1473-0510
Uo e Phone mber:
544-4215
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Number of Pages: Ila :
I ..... _2 ___________ __.l I 5/20/94-9:26:49 AM
Su ect:
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Rttn Mike 6,
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CITY of ORONO
TELECOPY COVER LETTER
Please deliver the following page{s) to:
Name:
From:
Total number of pages
letter.
Date:
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IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS
POSSIBLE.
Phone: (612) 473-7358 and ask for:
Our telecopy number is: ( 612) 4 73-0510
Additional Message:
I 6' Encrouchment on
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gustafson design, inc. Bucey Res~dence
2677 Casco Point Road
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Petition filed for:
#1919 Ty Bucey, 2677 Casco Point Road-Variances
By signing this petition I am notifying you that I have seen the revised plans completed by
Michael Gaffron, Asst. Planning & Zoning Administrator dated May 13, 1994 . I have
observed the building site and taken careful review of the building application and plans
for the Bucey residence . By signing this petition I wish to express my support for the
proposed plans .
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Michael Gafilon
City of Orono
2750 Kelley Parkway
Long Lake, MN 55356
Date 5/15/94
Re: Written confirmation of drainage proposal for the Bucey property .
Dear Mike,
This letter is to inform you that both Ty and I have been involved in designing a drainage
proposal which will work for all ofus . I met and discussed the drainage proposal with Ty
Bucey, Dale Gustafson and Jim Cradit on May 13th. I am forwarding my comments to
you per your request in the Planning and Zoning Commission Letter dated May 13th,
1994.
I would like you to know that I am in full agreement with the proposed plans since they
will have a positive effect on my property. I agree with your analysis on page 3 that some
grading ( even though minimal) will likely be needed to accomplish swaling needed to
protect the neighboring properties and lakeshore banks.
The slight channeling on the Bucey property will reduce drainage towards our home by
directing it past our home.
It is my opinion that the proposed plan will benefit both of the adjacent neighbors as well
as save our lakeshore banks therefor I am in full agreement to support the Bucey's
drainage plans.
C_::8_?~
Dr . Carl Shutts
RECEIVED
MAY 16 1994
CITY OF ORONO
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! th s ,f)rarie roofl'l. Trli a £Utfl'Tl(>r hol'llt' f!>.9~ year ro•Jll::i l
--·••.!>f;\_lio!Jtli of fnt!!<nr.ect!on with Dunwoody Ave~) _______________ _
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1988 EDITION
R
419-422
Sec. 419. REPAIR is the reconstruction or renewal of any part of an existing
. , ,building for the purpose of its maintenance.
s
Sec. 420. SENSITIZER is a chemical that causes a substantial proportion of =ii
exposed people or animals to develop an allergic reaction in normal tissue after '._;_1:_':_·
repeated exposure to the chemical. ·-
SERVICE CORRIDOR is a fully enclosed passage used for transporting
HPM and for purposes other than required exiting.
SHAFT is a vertical opening through a building for elevators, dumbwaiters,
mechanical equipment or similar purposes.
SHALL, as used in this code, is mandatory.
SMOKE DETECTOR is an approved device that senses visible or invisible
particles of combustion. The detector shall bear a label or other identification
issued by an approved testing agency having a service for inspection of materials
and workmanship at the factory during fabrication and assembly.
STAGE See Chapter 39.
STORY is that portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the topmost story
shall be that portion of a building included between the upper surface of the
topmost floor and the ceiling or roof above. If the finished floor level directly
above a usable or unused under-floor space is more than 6 feet above grade as
defined herein for more than 50 percent of the total perimeter or is more than 12
feet above grade as defined herein at any point, such usable orunused under-floor
space shall be considered as a story.
STORY, FIRST, is the lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor level
shall be classified as a first story, provided such floor level is not more than 4 feet
below grade, as defined herein, for more than 50 percent of the total perimeter, or
not more than 8 feet below grade, as defined herein, at any point.
STREET is any thoroughfare or public way not less than 16 feet in width which
has been dedicated or deeded to the public for public use.
STRUCTURE is that which is built or constructed, an edifice or building of
any kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner.
T
Sec. 421. No definitions.
u
.Sec. 422. U.B.C. STANDARDS is the Uniform Building ,Code Standards
29
Otto G . Bonestroo, P.E . Howard A. Sanford, P.E. Agnes M. Ring, A.I .C.P. L. Phillip Gravel, P.E .
Robert W. Rosene, P.E.• Keith A. Gordon, P.E. Thomas W. Peterson, P.E. Karen L. Wiemeri, P.E.
Joseph C. Anderlik. P.E. Robert R. Pfefferle, P.E. Michael C. Lynch, P.E. Gary D. Kristofitz, P.E .
MaNin L. SoNala , P.E . Richard W. Foster, P.E. James R. Maland, P.E. F. Todd Foster, P.E.
Richard E. Turner. P.E. David 0. Loskota, P.E. Jerry D. Pertzsch, P.E. Keith R. Yapp, P.E.
Glenn R. Cook, P.E. Robert C. Russek, A.I.A. Scott J Arganek, P.E. Douglas J. Benoit, P.E .
Bonestroo
Rosene
Anderlik &
Associates
Thomas E. Noyes. P.E . Jerry A. Bourdon. P.E. Kenneth P. Anderson, P.E. Shawn D. Gustafson, P.E.
Robert G. Schunicht, P.E . Mark A. Hanson, P.E. Mark R. Rolfs, P.E. Cecilio Olivier. P.E.
Susan M . Eberlin, C.P.A. Michael T. Rautmann, P.E. Mark A. Seip, P.E. Paul G. Heuer, P.E.
*Senior Consultant Ted K. Field, P.E. Gary W. Morien, P.E. John P. Gorder, P.E.
Thomas R. Anderson, A.I.A. Paul J. Gannon, A.I.A . Charles A . Erickson
Engineers & Architects Donald C. Burgardt. P.E. Daniel J Edgerton. P.E. Leo M. Pawelsky
Thomas A. Syfko, P.E. A. Rick Schmidt, P.E . Harlan M. Olson
Frederic J. Stenborg. P.E. Philip J. Caswell, P.E. James F. Engelhardt
Jsmael Martinez, P.E. Mark D. Wallis, P.E.
May 12, 1994 Michael P. Rau, P.E. Miles B. Jensen, P.E .
City of Orono
P.O. Box 66
Orono, MN 55323
11 1994
Attn: Mike Gaffron
-~--Re: 139 -1919 TY Bucey
2677 Casco Point Rd.
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Dear Mike:
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We have reviewed the site drainage on the Bucey property. The proposed grading plan
would direct drainage from the entire site north then west to the lake across the neighbor's
(Shutt's) property.
We recommend that the existing drainage patterns be followed after construction of the new
home. The drainage should be split with the south half of the property being directed to the
west. The north half of the property can continue to drain onto the Shutts' property as it has
in the past, provided there is no objection by the Shutts. The Buceys would have the option
of directing the drainage from the north half west on their property. This would require
additional excavation in the 0-75' area and may cause more problems with erosion of the
lakeshore bank on their property.
We do not feel directing the roof leaders to the street would improve the area drainage. The
street drainage is a problem at this time, and addition water would make the situation worse.
The erosion pot~ntial from storm water runoff in this area is very sensitive. We would
recommend minimizing the changes that alter the direction of runoff from the property.
If you have any questions, please contact this office.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK, & ASSOCIATES, INC.
,if~ VZl-J
Glenn R. Cook
GRC:sml
139-GEN\6-COR
2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600
CITY of ORONO
TELECOPY COVER LETTER
Please deliver the following page(s) to:
Name: . )
From: Iii A , r 1 '"• L-,/J v'f.·;:]('._.::'1)1 ..... ~., f \~/ t \ ~·"-'·~~ -.,,,.. " · ,, '---~ i'. a
Total number of pages
letter.
Date:
including this cover
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS
POSSIBLE.
Phone: (612) 473-7358 and ask for:
our telecopy number is: (612) 473-0510
Additional Message:
ORDINANCE NO. 12 6 , SECOND SERIES
AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 10.56,
SUBDIVISION 3, AMENDING THE DEFINITION OF "TOP OF BLUFF"
THE ORONO CITY--COUNCIL7IEREBY ORDAINS:
SECTION 1. Orono Municipal Zoning Code, Section 10.56, Subdivision 3,
definition 2 "Bluff" is amended as follows:
2. "Bluff" -A topographic feature such as a hill, cliff, or embankment having
the following characteristics (an area with an average slope of less than 18 % over a
distance of 50' or more shall not be considered part of the bluff):
A. Part or all of the feature is located in a shoreland area;
B. The slope rises at least 25' above the Ordinary High Water Level of
the water body;
C. The grade of the slope from the toe of the bluff to a point 25' or more
above the Ordinary High Water Level averages 30% or greater; and
D. The slope must drain toward the water body.
2_U!L "Toe of the bluff" "Bluff, toe of the" -The means the lower point of a
50' segment with an average slope exceeding 18 % . "Top of the bluff" means the higher
point of a 50' segment with an average slope exceeding 18 % .
2(b). "Bluff, top of the" -That point on the cross-section of a bluff below which
. the slope becomes more than 18 % and above which the average slope for a distance of
50' or more is 18 % or less.
SECTION 2. Adoption and Publication Period. This ordinance shall be published
in the Pioneer and the Laker newspapers and shall become effective immediately upon
publication.
Adopted by the City Council of Orono, Minnesota on this 25th day of April,
1994, by a vote of .2_ ayes and _Q_ nays.
Otto u Bonesrrco.
fi;QD~TT \.'V Rmen~. P'E,~
Jo;~ph t: Anderlik, PE
Marvin L SOfVi:W:i. f'E
R\:M.lFt'.l E ~,rne-r, i:;,E
G:enn r; ,00 1t P.C
PE
5i,_.·Jrlr' ,\.' Bl::i:,1:1r, CPA
*Ser~ior C1:irsu1tant
How,gir.:J :CcJJfl!Ol(J
Keith A. umoon,
Robart R, Pr@ff<H¢, re
M1i;:h,gi~1 T. RJ:iutrnanr Pt_
T~d K. Fteld, f'.t
Tfiort'as rt i\nsi~rwn, A.u:..
Di;Jn~i,;l c;
~!'.;~tr J ,V§uih?/,; Pf.:
i\l;'f'\[70.71"1 1~
Mark P
MINUTES OF THE CITY OF ORONO PLANNING COMMISSION
MEETING HELD ON APRIL 18, 1994
(#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCES -PUBLIC
HEARING
Chair Schroeder noted that this item must be tabled due to the bluff issues and incomplete
legal notification , but since many neighbors were present , the item would be discussed and
public comments accepted.
Gaffron reviewed the staff report and discussed the major issues involved with the proposal.
He described the six variances required for the proposed house which needed to be
addressed. Ty Bucey was present , and requested the Planning Commission to discuss the
issues. He stated that they had a fire last December and he had two small children and they
had moved three times , and were experiencing great hardship in getting the plans approved.
Chair Schroeder stated that this lot was not unbuildable and they will have to grant some
variances. He discussed the hardcover computations and the reason for the changes . He
discussed the filling which was approved by the City and which will remain there. He stated
he felt the critical issues were drainage and the height of the proposed house and the
structural hardcover issue . He opened the public hearing .
Beverly and Louis Smerling , 2683 Casco Point Road , stated she had lived there a long time
· and she and her husband were opposed ro the proposed variances because the house would be
too high and would impact their property adversely. Mrs. Smerling stated she felt the house
did not fit in with the surrounding neighborhood and would be located too close to their
property line . Chair Schroeder noted that the proposed garage would not be closer to the
property line than the previous garage had been and the Smerling's garage was equally as
close to the property line . Louis Smerling stated he felt that the proximity of the structures
contributed to the fact that they had two mudslides on their property. He stated they have
sympathy for the applicant but felt that they should have discussed their plans with
neighborhood residents before the application went this far .
Chair Schroeder noted that hardcover variances in the Casco Point area are of particular
concern because of the erosion problems in this area .
Allen Green, 2645 Casco Point Road stated he was concerned about the project because of
aesthetics , conformity and the height of the proposed house which would impact the view
from the lake shore . He felt that the proposed house was an improvement from the previous
house and he felt the house should be approved . He commented that had the existing house
not burned , the drainage issues would still be present. He believed the new construction
would present an opportunity to direct the runoff from the site in a better way to avoid
further erosion. He stated he was a long time resident of the area and strongly felt that this
was an opportunity to improve the neighborhood. He requested the Planning Commission to
grant the variances as requested .
9
MINUTES OF THE CITY OF ORONO PLANNING COMJ\1ISSION
MEETING HELD ON APRIL 18, 1994
(#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCES -PUBLIC
HEARING (CONTINUED)
James Cradit, the architect for the petitioner, showed a photograph taken from the water
showing the existing homes illustrating how the proposed house would look compared to the
existing houses. He believed the applicant's proposed house followed the natural curve of
the land and was a natural extension of the development in the area.
Lindquist asked the petitioner to have the topographical information available at the next
Planning Commission meeting.
Bill Miller, who lived next to the Smerlings, stated he felt that the applicant should not be
penalized by the location of the lot. He noted that with the new roof line on the house the
runoff will not run onto the Smerlings property. He felt that the proposed house was not
much larger than the original house and falls within the codes. He supported the proposed
plan.
Irene Standoff, stated her house was 31 feet tall and is presently the tallest house in the
neighborhood. She supported the proposed plan. John Scherven, 2649 Casco Point Road,
stated he was in favor of the house. Carl Shutts, 2665 Casco Point Road, stated he felt that
the new house would be a great improvement to the neighborhood. He was concerned about
the drainage which will result from the new house but felt that he could work with the owner
and the architect to resolve any problems. He had no problems with the height of the
proposed house.
Dick Putnam, 2765 Casco Point Road, stated that he had found it necessary to remodel his
house because it was falling down, so he had empathy with the applicant's dilemma. He felt
that the new house would present an opportunity to resolve some of the existing drainage
problems in the area. He requested the Planning Commission to look at what the
neighborhood could become, rather than what it has been in the past.
James Cradit discussed the drainage problems and noted that they have been looked at. He
reviewed the plans and noted that they have been able to divert the drainage flow to reduce
some of the runoff. Chair Schroeder requested that the drainage plans be discussed at the
next meeting. He inquired if the applicant would be able to remove some of the fill and
lower the house to reduce the height and alleviate some of the drainage problems.
Discussion ensued regarding the drainage flow patterns and the possibility of diverting some
of the flow down to the roadway.
Chair Schroeder closed the public hearing. Smith and Nolan commented they felt the house
was too high and the lot coverage was too intense. Chair Schroeder thanked the residents for
their input and thanked them for attending the meeting.
10
MINUTES OF THE CITY OF ORONO PLANNING COMMISSION
I\1EETING HELD ON APRIL 18, 1994
(#13) #1919 TY BUCEY, 2677 CASCO POINT ROAD, VARIANCES -PUBLIC
HEARING (CONTINUED)
-
Schroeder moved, Peterson seconded, to defer action on #1919 Variances for Ty Busey at
2677 Casco Point Road until the next Planning Commission meeting. Ayes 6, nays 0.
(#14) #1920 PHILLIP OTTO, 4116 IDGHWOOD ROAD -VARIANCES -PUBLIC
HEARING
Mabusth reviewed the proposal noting that the applicant sought approval of side and street
setback variances along with area and width variances for new construction. The applicant
planned to construct the residence in the same footprint as the original residence.
Mr. Otto stated he had discussed the proposal with adjacent neighbors who had no problems
with the proposed side yard setback. Nolan stated he was concerned about the steep
topography and inquired how the applicant planned to stabilize the areas impacted. Mr. Otto
responded he intended to construct retaining walls. Lindquist noted that Mr. Otto appeared
to be basically replacing the structure and he had no problems with the proposal.
It was moved by Lindquist, seconded by Nolan, to recommend approval of #1920 Variances
for Phillip Otto at 4116 Highwood Road, with the City Council to review the drainage plans
with the intent of stabilizing problem areas after construction is completed. Ayes 6, nays 0.
(#15) #1920 ATELIER LESUEUR, INC., 2180 NORTH SHORE DRIVE. -
CONDITIONAL USE PERMIT -PUBLIC HEARING
Martin Schneider, the property owner, noted that he had purchased the property with the
intent to convert the building into a duplex, but he had withdrawn that proposal in the face of
opposition from area residents. He discussed the history of the building and the uses that
had been located on the site. He asked whether the present zoning would permit the
proposed use, and Mabusth responded that the Planning Commission had two alternatives
before them but that she felt that the use was non-conforming but found to be continuous,
and could be approved with a conditional use permit. Schneider stated he supported the art
school and felt that would benefit the entire community.
Annette LeSeuer gave an overview of the school and the program they have available. She
displayed paintings which had been done by students and teachers involved with the program.
Peterson inquired about the fence between the two parking areas, and commented he felt it
should be removed to facilitate parking. Chair Schroeder commented he did not see any
reason why it could not be removed to allow the Art Center to share the parking area with
the school. Annette LeSeuer commented that they would prefer to keep the building and
grounds in an original condition, and they would be willing to add the blacktop if the City
required it, but they preferred to retain the gravel as it was more original or historic. ~he
also stated she did not have a problem with removing the fence. ·
11
I.
.• • -1 1 • ... --~_.. •• -. • --· ••• ;:.~,:~ -~ ·t, -~1_:-.,"':·! :--·--r ~:~,.<-l'~-:-.--·:-~ ~l
. , CITY OF ORONO-NOTICE"' ··. ·:Road, seeks approval of, lot area, lot width :
· . : .. · -,tJardcover withm -the .75-250' setback .area .:
· ·, , The Planning Commisiiio~ ·.will hold , 'average lakeshore setback variance. and si_de \
public hearings in· the Council . Chambers at . setback variance_• to ,_all_ow::; the:',_"co~plete
2780 Kelley Parkway on Monday; May 16 , /recon _s_truct1on ··of _ a res1dence ·w1tllm the
1994 on the matter of reviewing the following ··: .,appfl)x1mate -footpnnt of_ the formec res1de,:ice . I
land use applications : ·" · · · · 8. #1930 Margaret P. · Cos t seeks
1. #1895 Pat Wolfe, the owner of the approval of a setback variance from . the
proper_!)' located at 2871 Casco Point Road ,,-,protected _ -tributary .that encroaches the
seeks approval of after-the fact hardcover.~ -·property located at 255 Brown·· Road South 1
average lakeshore setback and lake setback ·and· in addition seeks·approval ·of ·a variance ·
Affidavit of Publication
State .of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent C:mq employee of the publisher
of the newspaper kno'vVn as THE LAKER, Mound,
fi.:iinnesota, 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 ___,_/4.L.W,.L./.4J//};_:.-:...; ...LJJ/k.u:.t?..__.! ~~oll.L/r1i.!J.4.Jiz.l.£JJ.1 '...l.4.1-J/:;__) _
variances for the reconstruction of a shed that would allow a fence to be ir,stalled within a
located within his lakeshore yard. '~ . designated wetland located adjacent to · the i _______________________ _
~wne:S· o1~~2~r;~:;: 1~~~«Ir!f 3~~5t~~~ }:~-~:rit, ~i 1. ~~e9 a~·,:r~11/ )~1 'jl~~~:J which is attached was cut from the columns of said
Lane, -seek approval -of -a conditional use · .1v1cManus ,' owners of the property "located _at-; . .
permit . and .. variance for. the :complete t 1910 _Shadywood Road , have applied for ·a ., newspaper, and was printed and published once
reconstruction of a residence to be located conditior,al use permit .and lakeshore setb?ck / .
within the flood plain of Lake · Minnetonka •"?.variance ·•10 . allow ·-the reco'iis'truction •·of each week for ----successive weeks:
where no residenti al construction is allowed .-.,-:, _,retaining walls within their lakeshore yard -.·,.-,.
3 . #1919 Ty Buce11 of 2677 Casco Point i ., . , 10. #1932 Orono School District #278 ,'
Road see~s ,-approval of: side and street ·located at 665 Old Crystal Bay Road North .
;,_setbacK·.variances to allow expansion of the ;.:i t.has-applied for a· conditional use pereflit, al}d ,
r roofline 'ol .ihe:garage located on,tl)e property :,~Y-<!ria.rc~ ;,tq at:;s:,yould r :allow ,-i an t li:><lf~!,1 9
.t and ~ardcover, lot coverage, lot -area , lot ·,-· concession stand ·10 be relocat~d ·.on -an ·
:width ;r build in g height ,and · bluff ·'setback i"!::"existing .cement slab . l"he structure will' not
;;variances ,for construction of a new residence . ,, meet the required setback of SQ.' from the west
\on :t~e p_roperiy ; and a_~nditional use_"permi1 -.;')ot lir11C ·'.,\ _. ~-·--~ ·':"--_< : ·--:·. -. ; ;.· ·: ~--:-~
' and van13nce .. lor . grading w1thm -75 '--o~ the :';',,.{._: ,_ 11 ,1<#1934 'RRH ·and Company, ·'the
7shorelin_e. of ,La_ke Minnet~~ka <!n9 .Y;t')thin . t9~ -~_.cC\Jrrent, owners .of (1 o_ Gander,,_Road-, ·,seek
defined .bluff impact zone .. _,_ .~'-*'";,I C:" ,,1. '· -··:·,~approval of setback vanances for both septic .
~•1 ·.:1{i,__~:;#_1_,~25feter_ Bovee ·of 84o' Qld Long ·: (an~· new:-res rdential __ cor,struction d iem_' the _
; La~~J-fl_oa1l t .J,,eeks _·approval ·, ot ~et back, ,,. adJ~cent Natural Enyir,onm~mJa~e :1th.e_1He8e_:.3
· _van~nt esi 1tol ·!l!lo_w _the;· expansr911 ·, of )he . L b~111 of F.rench Lake .;fc;,f: ;:,.:~'.:~/'· '.• .. , ,; -~cl_
t foofhne of-tlje ·e~1sting residence .:},·.,.:,-•.: · _:'f('" ~-,,_All persons wishing to be ;heard will :
;· ;"":~,5)_#1-92!,:Mark K. McCarty,-the current · '°'.'appear at this meeting . Written comments are
~owner ;<;>J. 24~ ;1",_pnka Avenue, seeks :·approval ,,i solii:ited . Plans are available inJhe City.offices -
•of -~ rear;_set~ack :variance to· co_ns\rt,1c;~ n~~~~. or,i~Vi~~,.PY . .!IPPQinll)1eQP,!~u,'{ '~~.,,fii
i res1dence:.om~ undeveloped property.r,~-~--m.-,,;-:"':,· -..._..,.. ,.,;.~_,-:~'.'-,; . .,,,_.r-.· ;{ ,· :L_;· '~:;~;' ., .• .,-Ji 1 ~,;·~. s'• #19~8 · Suzanne .-K. Wacker , seeks ~. City .of Orono··~,.--'._,,_(,.:---~-..:-,,~.:-i ."-.; ' Y·<;J
!iipprovat'ol~:·2.f le 22' detached garage within ~., .. By .::Pl_cl.nning Cominissi;rW.<i'':;.•;,.,f.1-··-~-r.H . J'Hi•,·
rthestreetyardofthepropertylocated ·at111s :-_._;,-s.-.;~. '•: --> .. • ----!;.:/:\ .. '_-.-.-,-_,. __
[Brown--~oad South that would require a ·s1reet f',' Jeanne A. Mabusth, ,' :'!'. ··_':-.'_: .. ·:·: :·: '··1 setback variance and ·a· vanane:e -that would ', Buil.ding &.Zoning Administrator ,.,· ·'1-..:... ·, '. -
1 allow the structure to be placed In front of the ·•·. , • .,,:_,r, ---, ;--· "-' . • · : .
r~s_id~n~e, structur~ .on th_e property-u ;~7, l,:"::',.;),'.j:&(Pubfisheain\Ttie ' Laker"and ·P10neer'.'.Mayi2"'ml
It was first published Monday,
the a ;uJ dayof_...:...(1----'-f-'-'~--19Pf...,
and was thereafter printed nd published every
Monday, to and including Monday,
the ___ dayof __ ~---~19 · &tdfc'
Authorized Agent
"1_'..#1929AlonzoB.Seran,lll,_lt]eowner · .1994)' -·-... ~~ .· ,·'.-,-~·"' <-.. --Y-. · .. · 1
of the property located at 4099 _Highwood ·.-;-,.;:'.~·;;? .. :_ K~-~ ;>t-·~, :'··.,,' '-:~:!'~~;F-:·,:.: ;:~~1 Subscribed and sworn to me on this
-·. •"-•• • • --· ,.., •• ,~· -l...~ -~ -.; 'l,;4~--. .--~· .. l...-• .r:.x.: .. .,...
By:
(1) Lowest c ass, i rate paid by commercial users
for comparable .space: $10.96 per Inch. · ·
(2) Maximum rate allowed by law for above matter: $10.96.
(3) Rate actually charged for .above matter: $6.16 per inch •
. Each additional successive 'week: $4.24.
, ... ; ,_,:,.' . . . ,__ ... : ~ ·:
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1919, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 2nd day of May, 1994.
/ ~-~ Jamie/osma
\ . ' ,.,__,, \ I
L
!,_ .
i . '-",
\,.~· !
. ::i~\/'. • ,·. ·1:::1/\'f,fl)if~1
:• 20 . .::1i 7-23 . 23 0001
PROP ADDR '.1 \;02683;:.iSCASCO POINT RD
·. OWNER NAME \l.BEVERLY 1SMERLING
, TAXPAYER ,::'].'BEVERLY SMERLING .
.. NAME/ADDRr\::2552,H ~AKE OF ISLES PKHY
: :..11;::1\J{Ji~iiiif r:. 0020
; 'PROP: ADllR
1
;'\,ro26'11r1?'·CASCO POINT RD .
owNER NAMe_._';;i_.tY_ R. bNe<A_l:}ucEY & MILA BUCEY
TAXPAYER '\i.'."'.TYRONE:. A·:& MILA BUCEY .
. NAMEIADDR\'.}{2677 CASCO PT RD · ;;.:,;;;{~f!~:it::i,i ··"'
,, , ' •,;:·,:, 38{'.: 20:-117-23 24 0001
PROP.· ADDR 'i)Wr: 02684\i;\NcASCO · POINT RD
· owNER NAMEJ .• ;rD:i:'~R~KLE. &.· L F RUNKLE
.: _TAXPAYER:nI:·+DAVItl/V,RUNKLE ' . . > .NAM\YADDR;,\:;: 2684iCA~co,~.oINT RD
.. , ,.'.·, :. , l \,I .WII.YZATA. MN 55391
:~i\\;{·Illl;it::i)l\i)i::
·,'.)),'.';,'..1 38 :i: 20,-117-23 24 0029
PROP .ADDR ;:•\02649,'·'\ CASCO POINT RD
OWNER NAME ,:r:J;r~··J SC!'JERVEN
.TAXPAYER 'J''1\JON ,$CHERVEN'· ·
NAME/ADDR\/:' 2649 CASCO P,OINT RD BOX 120
··,,.·::,·.·.::.WAYZATA 'MN· .. 55391
. ',"I~it!lllJ;;;;;
'.,._ .. ·•.'.'
I ',
HENNEPIN COUNTY PROPERTY
•. : PROPERTY OWNERS
38 20-117-23'23 0002
02691 CASCO POINT RD
HILLIAM F MILLER
WILLIAM F MILLER
2691 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0021
02665 CASCO POINT RD
CR SHUTTS & MB SHUTTS
CARL R & MARILYN B'SHUTTS,
2665 CASCO POINT RD
,HAYZATA MN , ,55391
. 38 20-117-23· 24 0002
·02660 CASCO POINT RD
. V & G BULLER .
VERNON J BULLER
2660 CASCO POINT RD
WAYZATA MN 55391
· 38 20-117;:_23 24 0039
.. 02648 CASCO POINT RD
J H & BJ ESSEN
JEFFREY & BARBARA ESSEN ·,
2648 CASCO PT RD
HAYZATA MN 55?91
'"
38 · zo-111:.2i'24 0003
02684 .·. CASCO POINT RD
D L,RUNKLE & L F RUNKLE
DAVID L RUNKLE ' .
2684 CASCO POINT RD
HAYZATA MN 55391 ··
TOTAL.BATCH
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
OF MY KNOHLEDGE AND BEL.IE_ .. FT''.'.u ;; '>'-1ffi. il.· 'Q(t'. . DAte3 d8 qqyB~--· · , . . . .
--.
CITY OF ORONO -NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, May 16, 1994 on the matter of reviewing the following land use
applications:
1. #1895 Pat Wolfe, the owner of the property located at 2871 Casco Point Road, seeks
approval of after-the-fact hardcover, average lakeshore setback and lake setback variances
for the reconstruction of a shed located within his lakeshore yard.
2. #1904 Shelly and Eric Liljequist, owners of the property located at 3490 Birch Lane,
seek approval of a conditional use permit and variance for the complete reconstruction
of a residence to be located within the flood plain of Lake Minnetonka where no
residential construction is allowed.
3. #1919 Ty Bucey of 2677 Casco Point Road seeks approval of: side and street setback
variances to allow expansion of the roofline of the garage located on the property; and
hardcover, lot coverage, lot area, lot width , building height and bluff setback variances
for construction of a new residence on the property; and a conditional use permit and
variance for grading within 7 5' of the shoreline of Lake Minnetonka and within the
defined bluff impact zone.
4. #1925 Peter Bovee of 840 Old Long Lake Road seeks approval of setback variances to
allow the expansion of the roofline of the existing residence.
5. #1927 Mark K. McCarty, the current owner of 245 Tonka Avenue, seeks approval of
a rear setback variance to construct a new residence on the undeveloped property.
6 . #1928 Suzanne K. Wacker seeks approval of a 24' x 22' detached garage within the
street yard of the property located at 1115 Brown Road South that would require a street
setback variance and a variance that would allow the structure to be placed in front of
the residence structure on the property.
7. #1929 Alonzo B_ Seran, III, the owner of the property located at 4099 Highwood Road,
seeks approval of lot area, lot width, hardcover within the 75-250' setback area, average
lakeshore setback variance and side setback variance to allow the complete reconstruction
of a residence within the approximate footprint of the former residence.
8. #1930 Margaret p_ Cost seeks approval of a setback variance from the protected
tributary that encroaches the property located at 255 Brown Road South and in addition
seeks approval of a variance that would allow a fence to be installed within a designated
wetland located adjacent to the Luce Line.
9. #1931 Megan Tully and James McManus, owners of the property located at 1910
-Shadywood Road, have applied for a conditional · use permit and lakeshore setback
variance to allow the reconstruction of retaining walls within their lakeshore yard.
CITY OF ORONO -NOTICE -continued
10. #1932 Orono School District #278, located at 685 Old Crystal Bay Road North, has
applied for a conditional use permit and variance that would allow an existing concession
stand to be relocated on an existing cement slab. The structure will not meet the
required setback of 50' from the west lot line.
11. #1934 RRH and Company, the current owners of 710 Gander Road, seek approval of
setback variances for both septic and new residential construction from the adjacent
Natural Environment lake, the upper basin of French Lake.
All persons wishing to be heard will appear at this meeting. Written comments are solicited.
Plans are available in the City offices for review, by appointment.
City of Orono
By: Planning Commission
To be published the week of May 2, 1994.
. ·., , _. CfTYN~T~~ONO · •·, :, :·· r:eside;~#l ;;·f 'j'~~es I< ... .;"~j J·~I\;' A~~
. . Lynch/Daniels have applied for a renewal of a
The Planning Commission will hold conditional . use perm i t ,. and _var_iance
. pl.iblic ·hearings in the 'Council Chambers at ·:, >'appficaticin to install a private driveway to be
2780 Kelley Parkway on Monday , April 18 , localed w ith in a ·protected wetland'. --~_-,,... '
1994 on the maner of rev iewing the following g #1919 Ty Bucey of 2677. Casco Poi nt
. land use appl ications :." . · · . ,. · , ... · .. Road seeks approval of side: and street _
--., . 1. #792 Minnetonka Power S_quadron at . setback, variances to allow expar]sion· _of_ the
510 Big Island requests a cond1bonal use ·.roof line of the detached ga i age.los;ated_,wllhin
pe rmit for a day use recreation area pursuant ;;lhe street yard of the _properry .. o" ··" · _·'·: ·
to Munici pal Zoning Code .Section 10 .31 , · ~-· 10.#1920Ph1IhpOttoof4116H1ghwood
Subd. 3. __ · · ·.· ,. , .. • .· Road has applied for a lot width ; lot ·area and
· .·. 2 . #1881 .John Whitman of 1570 Sixth setback variances to allow the reconstruct ion
Avenue North seeks.approval of a conditional of a res idence on the property. The original
use permit and variance application to allow res idence structure was destroyed by fire . _
the extens ion of a private driveway 1t,a1·would 11. #1923 Annette Lesueur , Director of
encroach -a protected tributary. • ,', · c,. . Atelier Lesueur lns i itute _has applied _for a
. :;3 . #1912 Tim Hillman of 4PQ Leaf Street 'conditional use permit to allow a Sco_ool of ·
seeks approval of setback ·variances ·for · 'Fine ·Arts within the structure located at 2180
· proposed add iti ons to the existing residence . North Sho •e Dr ive . The structure has been
. 4. #1913 Greg J . Truchinski o, 1580 Fox used for educati onal proposes for . art
Street has applied for a conditional use permit ·instru·ction fo r ·several years . --The Atelier
· · to allow the installation of an independent .Lesueur lnstitu !e will provide art instruction to
tower and ·antenna ·structure at an app roxi ma tely 20 -24 fun time students .
approximate 75' height to be installed on the, , ... -.; 12. #1924 [)on Winter of 4620 North Arm
property Jocated at _1580 Fox Street. .. -. · .· Dr i ve West se .iks approval of an .area !
·"' 5. "#1, 9 j__5 .George Applebaum of 4109 ..• :variance for. an C•"ers ize,j accessory . structure
HighwaY:,Road seeks :approval of a .street and -"~' and -a se tback varia nce as ·-.structure -will be
side setbac~-v~rianpe !!? __ allow c;on ~trti~tiofl !)f ;'d,. located )n_;s,tr,eet y,[d in fr~nt .of ~_he res ider;ice
a d~ta~h~d gai:aQe ~nd_. _a _ _l.ikes 1~e add1)1on to }l structure: -';f~":f >,".ii.:· __ . :.i~ ... :, : ::,i:; .. ",_.-;, ;L,! · · ·
1he -.e xIsung · res1dence =.that w ill . require _ no ;:-,;· ·1, All .persons w i shing to be heard 'Will
setback vari.;mces ·but !J.c1!!1 improve_m~n)s _will t,.\appe'ar at this meetir,g .WriJten comments are
result -in hardcover e ~cesses .w1thm :the-7_5-V-sol icited . Plans are av.;jl3b le jn ,theC ity Offices -
259; setback area., .}i~/'" ;,... -':' ,!,,_; ~.; ___ {,<;;: •.. for review by _appointme_rr,:,;-.:~ :l<~-;~ . : . : '
'. _.. 6 . #1916 Irwin -Jacobs of 1700 Shoreline -· .. ,, ... , •. , .... ·-· . ,: ,.__ ,,-,_ ··, -:,1··-~~-•·" Y-~--· .-:--,: ... _' · ·
f?ri~e · proposes [the _i nstall~tion .of_ ,an ·;;:_ City of Orono ··· :~:=:.~%-:,~\:".~'.\' \: .. :~'_:.:. ·
. accessory structure that will require a vananc_e .·t. _B, y_: P_lan __ ~Ing Comm1_sl>_ 10_ '1 ~ :0 __ .: :-1 ·_:.:,. ,;;._,_.-_·.; · .t to , the . total are~ all~wed _ by a~c .. ~~~?,o/. ~~-,r·. . _, ... ~ .... _t,~·.j ,,,i.,:.;:.:..·. -:. =.-,:·< _ ... :;.,.::~:
struct ures on a res1dent1al property.· , ..... _ ·.•.-' ·· ·Jeanne A :Mabusth .. , ._., ; .. -:,•:·0; .. ·· ._ :·
. , J-7 .. #191.7 Frank and Martha Bennett of I Bu ilding & Zon ing Ad ~l'i,isfrator _ •,::~.:.c'. .. --~·; '
_. 3 15 : Tonkawa Road -have : appl _ied .for_,.a ;:~--= :, .,_. ''-. .-:. · --:.;;:t"~--.' .. -·, :·.: ,;·. · --,:. ,
~f~~ti~~?~~~~[~~~t~; u;i;;~~~~-~~,~~~~;s~e~_'.r T~-~ La ~~;,~~~~l~~.~~-t P.ri~ ~;j
;
Affidavit 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 331A.02, 331A.07, and other applicable
laws, as amended .
B.) The printed __./4 ..... v ; ....... !7 ..... 0 '--""'t!JJ"""e'--'J l/,"-'!-0.,,..!Jw:.../.!.l..~('j]=·L.l...J,'..:,J..1;~0~)_
Iv
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for / successive weeks:
It was first published Monday,
the 'i 'dayof li '!!th 19Y!f..._,
,17/i ~ ' ~J
and was thereafter pried and published every
Monday, to and including Monday,
the, ___ day of ______ ___, 19 ·
&it~'
Authorized Agent
Subscribed and sworn to me on this
By :
· fublic KRISTI HOLM
·, NOTARY PUBLIC -MINNESOT.\
HENNEPIN COUNTY .
My commission expires 7-10.97
, .. :.. Bate lo.tacmauon.....,.__ ,
(1) Lowest classified rate paid by commercial users
for comparable space: $10.96 per inch. .
(2) Maximum rate allowed by law for above matter: $10.96.
(3) Rate actually charged for above matter: $6.16 per Inch .
Each additional successive week: $4.24.
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1919, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 1st day of April, 1994.
Jamieryosma
CITY OF ORONO
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, April 18, 1994 on the matter of reviewing the following land use
applications:
1. #792 Minnetonka Power Squadron at 510 Big Island requests a conditional use permit
for a day use recreation area pursuant to Municipal Zoning Code Section 10.31, Subd.
3.
2. #1881 John Whitman of 1570 Sixth Avenue North seeks approval of a conditional use
permit and variance application to allow the extension of a private driveway that would
encroach a protected tributary.
3. #1912 Tim Hillman of 400 Leaf Street seeks approval of setback variances for proposed
additions to the existing residence.
4. #1913 Greg J. Truchinski of 1580 Fox Street has applied for a conditional use permit to
allow the installation of an independent tower and antenna structure at an approximate
75' height to be installed on the property located at 1580 Fox Street.
5 . #1915 George Applebaum of 4109 Highwood Road seeks approval of a street and side
setback variance to allow construction of a detached garage and a lakeside addition to _ the
existing residence that will require no setback variances but both improvements will
result in hardcover excesses within the 75-250' setback area.
6 . #1916 Irwin Jacobs of 1700 Shoreline Drive proposes the installation of an accessory
structure that will require a variance to the total area allowed for accessory structures on
a residential property.
7. #1917 Frank and Martha Bennett of 315 Tonkawa Road have applied for a conditional
use permit to allow the installation of a nonrental apartment within their residence.
8. #1918 James K. and Julie Ann Lynch/Daniels have applied for a renewal of a conditional
use permit and variance application to install a private driveway to be located within a
protected wetland.
9. #1919 Ty Bucey of 2677 Casco Point Road seeks approval of side and street setback
variances to allow expansion of the roof line of the detached garage located within the
street yard of the property.
10. #1920 Phillip Otto of 4116 Highwood Road has applied for a lot width, lot area and
setback variances to allow the reconstruction of a residence on the property. The original
residence structure was destroyed by fire.
PLANNING COMMISSION l\1EETING -MONDAY APRIL 18, 1994, 7:00 P.M.
11. #1923 Annette LeSueur, Director of Atelier LeSueur Institute has applied for a
conditional use permit to allow a School of Fine Arts within the structure located at 2180
North Shore Drive. The structure has been used for educational purposes for art
instruction for several years. The Atelier Lesueur Institute will provide art instruction
to approximately 20-24 full time students.
12. #1924 Don Winter of 4620 North Arm Drive West seeks approval of an area variance
for an oversized accessory structure and a setback variance as structure will be located
in street yard in front of the residence structure.
All persons wishing to be heard will appear at this meeting. Written comments are solicited.
Plans are available in the City Offices for review by appointment.
City of Orono
By: Planning Commission
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Ranne A. Mabusth ~ d .
Building & Zoning Administrator
To be published the week of April 4, 1994.
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CITY of ORONO
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323-0066
. DATA PRIVACY ADVISORY
In accordance with M.S. 13 .04, Subd. 2 , "Rights of subjects of data", we would like to
inform you that your request for a permit or license from .the City of Orono or any of its
departments m 4y req1:1ire 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 y ourself.
6. Your full name is required to process this application or permit. Fr ~die ifl~e1
Address
I understand my rights as stated above.
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Zip
TELEPHONE -483-7357 • FAX -473--0510
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Phone