HomeMy WebLinkAboutProject PacketORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14, 1998
(#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED
Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten
stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was
cleaned up . When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. More
plantings or a fence was discussed, but no conclusion was made. Otten stated he was not opposed
to adding more screening along this area. .
Flint commented on his review of the property. The front of the property was vety nice and inviting,
but along Dickey Lake Drive it is not.
Otten replied that he would plant another row of trees behind where the trucks are parked.
Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan
review and amendment to P.U.D . to allow the existing entrance monuments at the eastern entrance
to remain, and to allow the loading dock to remain subject to an agreement that Otten Brothers
Nursery will remove the retaining wall/loading dock without compensation if the road is constructed
on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery
subject to the recommendations of the Planning Commission outlined in the report dated August 20,
1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work
with City staff and the neighboring properties to determine additional screening to be provided by
Mr. Otten. Vote: Ayes 5, Nays 0 .
The City Council also directed City staff to work with Mr. Otten regarding access to the City well.
(#6) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO
POINT ROAD -VARIANCES -RESOLUTION NO. 4157
Gerald and Sandra Erickson were present.
Weinberger reported the applicants are proposing to remove the existing house and rebuild a new
home with the intent to keep the existing boat house. Originally the applicants proposed to exceed
the lot coverage and hardcover within the 75-250' of the lakeshore. Upon the Planning Commission
recommendation that they could build a principal structure on the lot without requiring ruii
variances, the applicants have revised their plan slightly . The applicants met with staff and
submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted
plan has hardcover at about 26%.
4
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14, 1998
(#6) #2406 GERALD & SANDRA ERICKSON, CONTINUED
Mayor Jabbour stated that it would irresponsible for the Council to bypass the Planning Commission
and pass a resolution absent all the documented facts. The zoning code states an application must
go through the Planning Commission review.
Erickson stated that by adding an extra driveway, the structure is less than what the Planning
Commission saw and it meets the City requirements.
Mayor Jabbour replied that for the Council to act on this new plan, they would need all the facts,
surveys, calculations, the footage, etc.
Mrs. Erickson requested to add 420 s.f. of hardcover to extend the driveway, moving the house
closer to the lake, to be more consistent with the adjacent properties.
Goetten asked if the applicants were eliminating the 29.5% hardcover in the 75-250' lakeshore
setback and the proposed lot coverage of over 15% with the new plan.
Weinberger stated that in the past Council has counted hardcover that exists between 0-75' of the
lake against allowed hardcover. This plan is at 27.2%.
Mayor Jabbour replied that the Council only does this when given the permission to add it to the 75'.
If it was legally conforming, Council did not deduct it from the calculations.
Goetten questioned why the boathouse would be removed when building a house.
Van Zomeren replied that the City code requires a variance for an accessory structure to remain until
a principal structure is built.
Moved by Mayor Jabbour, seconded by Goetten, to adopt Resolution No. 4157 granting approval
to allow the accessory structure, which is legally non-conforming to remain while the principal
structure is tom down and rebuilt; and all the principal structure and driveway must conform to the
existing ordinances. Vote: Ayes 5, nays. 0.
Kelley questioned if the driveway is designed to have people backing straight out onto Casco Point
Road. Kelley asked when in a year from now the applicants come to the City and say it is too
dangerous to back out onto Casco Point Road and they need a backout on their driveway now that
all 25% of the hardcover is being put into a very narrow driveway and a larger house, without taking
into consideration the winters out on Casco Point Road. Mayor Jabbour replied that there is no
provision for the City to tell them to do it any differently.
5
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 14, 1998
(#7) EXTENSION OF INDUSTRIAL DISTRICT MORATORIUM
Moorse reported to Council that additional time is needed to complete its study and consideration
regarding the types of industrial uses compatible with the City's long-term land use plan. The City
Council has a scheduled joint work session with the Planning Commission on Wednesday,
September 23 to address this issue and receive input.
Steve White ofVCI Capital and Chuck Guerin of Flamingo Wire were present.
Mayor Jabbour agreed with staffs outlook on this issue, except he felt the existing ordinance should
go back into effect on September 15, 1998. He expressed concern about holding the property
hostage. Mayor Jabbour indicated he would vote against extending the moratorium.
Kelley disagreed with Mayor Jabbour and felt the City needs time to deal with the issues. Mr. White
may be the owner of the property today but he may not be tomorrow.
Flint suggested staff continue to pursue the issue aggressively and see what the City should be doing
in the area.
Mayor Jabbour asked that members of the Council and Planning Commission tour the facility.
Moved by Mayor Jabbour, seconded by Goetten, not to renew the Extension oflndustrial District
Moratorium. Vote: Ayes 3, Nays 2. Kelley and Flint opposed.
(*#8) EXTENSION OF ADULT USE MORATORIUM -ORDINANCE NO. 177, 2nd
SERIES
Moved by Goetten, seconded by Flint, to adopt Ordinance No. 177, 2nd Series extending the
moratorium on adult uses in all commercial and industrial zones. Vote: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
Mayor Jabbour requested a letter be sent to the United States Power Squadron, thanking them for
removing hundreds of empty 55 gallon barrels from Big Island.
Goetten questioned where the City is with the noise consultant for the new proposed highway and
ifit has been approved by MNDOT.
Moorse replied MNDOT was looking at the details of the agreement, but hopefully by the end of the
week they will have it ready to go.
6
Application Date:
Completion Date:
60 Day Deadline:
7/22/98
7/22/98
9/20/98
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Assistant Zoning Administrator
DATE: 9/14/98
ITEMNO.: G
Agenda Section:
Zoning
Item Description: #2406 Paul Larson on behalf of Gerald and Sandra Erickson
2683 Casco Point Road
Zoning District:
Lot Area:
Variances--Public Hearing
LR-lC
20,230
One Family Lakeshore Residential District (1/2 Acre)
square feet (.46 acres)
Application: The applicants have proposed to remove the existing house and detached
garage on the property to build a new residence with attached garage . The applicants do not intend
to remove the existing boat house with stairs along the lakeshore.
This application requires the following variances:
1. Accessory structure to remain on the property without a principal structure.
2. Hardcover in the 75-250' lakeshore setback. The applicants are requesting 3,975 s.f. (29.5%)
where 3,366 s.f. (25%) is allowed.
3. Proposed lot coverage exceeds 15% on the lot. The applicants have proposed to exceed
allowable structural coverage by 42.5 s.f.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended by a 6 to O vote to:
• approve the variance for an accessory structure to remain on the property without a principal
structure ..
• deny the variances for structural coverage and allowed hardcover within 75-250' of the
lakeshore due to no apparent hardship.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
1
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Gerald & Sandra Erickson
7 618 Welton Drive
Madison, WI 53719
TYPE OF APPLICATION:
DATE OF MEETING: 8/17/98
Variance
ZONING FILE #2406
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: August 18, 1998
COPIES TO:
VOTE:
Paul Larson
3877 Shoreline Dr.
Wayzata, MN 55391
6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval as submitted.
NOTES AND SPECIAL CONDITIONS:
• The lot must meet allowed structural coverage of 15% and not exceed 25% hardcover
in the 75-250' lakeshore setback.
Applicant's next scheduled meeting is confirmed as:
City Council September 14, 1998, meeting starts at 7:00 p.m.
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.
ch
X:\APPS\ WPWIN60\WPDOCS\CAROLE\PCACTION\2406
A RESOLUTION GRANTING A VARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBD. 9 (A)
FILE NO. #2406
WHEREAS, Gerald and Sandra Erickson (hereinafter "the applicants") have an
interest in the property located at 2683 Casco Point Road within the City of Orono (hereinafter
"the City") and legally described as follows:
Lot 1, "Auditor's Subdivision Number Two Hundred Sixty-Five (265), Hennepin
County, MN" (hereinafter "the property"); and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission
held a public hearing on August 17, 1998, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.03, Subd. 9 (A); to permit an accessory structure to remain on the lot
without a principal structure for period between the removed of the existing house and
construction of a new residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2406.
2. The property is located in the LR-IC Single Family Lakeshore Residential
Zoning District where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The
property consists of .46 acres or 20,230 sq. ft.
3. The Orono Planning Commission reviewed this application on August 17, 1998
and recommended approval by a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
Page 1 of 4
A. The boat house would only remain on the lot without a principal building
during the demolition and reconstruction period.
B. The lot is only required to meet 80% of lot area and width requirements
because it is sewered and less than 1 acre in size.
C. The size of the lot allows an adequate building envelope, no other
variances should be allowed to construct a new home.
D. A letter supporting the preservation of the boathouse was submitted by
a neighboring property owner located at 2691 Casco Point Road.
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.03, Subd. 9 (A); to permit an accessory
structure to remain on the lot without a principal structure for period between the removed of
the existing house and construction of a new residence. Approval was subject to the following
conditions:
1. No other variances shall be approved by the City Council on this lot.
Page 2 of 4
2. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (September 14, 1999).
3. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. 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 City Council of the City of Orono, Minnesota at a regular
meeting held on the 14th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner ( s)
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
September, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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.
Page 4 of 4
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Assistant Zoning Administrator
DATE: August 5, 1998
SUBJECT: #2406 Paul Larson for Gerald and Sandra Erickson
2683 Casco Point Road
V ariances--Public Hearing
Zoning District:
Lot Area:
LR-lC
20,230
One Family Lakeshore Residential District (1/2 Acre)
square feet ( .46 acres)
Application: The applicants have proposed to remove the existing house and detached
garage on the property to build a new residence with attached garage. The applicants do not intend
to remove the existing boat house with stairs along the lakeshore.
This application requires the following variances:
1. Accessory structure to remain on the property without a principal structure.
2. Hardcover in the 75-250' lakeshore setback. The applicants are requesting 3,975 s.f. (29.5%)
where 3,366 s.f. (25%) is allowed.
3. Proposed lot coverage exceeds 15% on the lot. The applicants have proposed to exceed
allowable structural coverage by 42.5 s.f.
Pertinent Ordinances:
• Section 10.22, Subd. 1 (A): Lakeshore Setback Regulations
• Section 10.03, Subd. 9(A): Accessory Structures
• Section 10.03, Subd. 6(A)(l): Undersized Lots
• Section 10.03, Subd. 14(C): Lot Coverage
#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page 1
ANALYSIS
Lot Area and Yards
Lot Area Lot Width Lakeside Yard Side Yard Street Yard
Required 80%of 80%of 75' 10' 30'
21,780 s.f. 100'
Proposed 20,230 s.f. 91' Existing: 71' Existing: 9.7' Existing: 84'
Proposed: 77' Proposed: 10' Proposed 45'
Section 10.03, Subd. 6(A)(l) of the Zoning Code states that lots under one acre serviced by public
sanitary sewer and platted prior to the date of the zoning chapter are only required to meet 80% of
lot area and lot width standards. This lot does meet the criteria listed in the above referenced section
of the Zoning Code. Therefore no variances are required for lot area or lot width.
The required setback from the lake for this property is the average lakeshore setback distance of 77'.
The proposed house and deck are proposed to be located 77' from the OHWL of Lake Minnetonka.
Hardcover
Distance Total Area in Existing Allowed Proposed Variance
from Setback Hardcover Hardcover Hardcover Requested
Shoreline
0-75' 6,750 s.f. 319 s.f. none 319 s.f. none
(4.7%) (0%) (4.7%)
75-250' 13,465 s.f. 1,862.5 s.f. 3,366.25 s.f. 3,975 s.f. yes
(13.8%) (25%) (29.5%)
250-500' 15 s.f. 0 4.5' 0 none
(30%)
500-1000' 0 0 0 0 none
(35%)
The applicant intends to keep all existing hardcover of 319 s.f. in the 0-75' distance from the
lakeshore. 134 s.f. of the hardcover are allowed to legally exist as stairs. A variance is not required
#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page2
as the existing hardcover would not change. The Planning Commission should consider the impact
of hardcover in the 0-7 5' distance from the lakeshore on the total allowable for the entire lot. The
Commission should determine how hardcover on a rebuild within the 75-250' zone should account
for other hardcover legally existing near the shoreline.
Regardless of the existing condition of hardcover closer than 75 to the lakeshore, a variance is
necessary from allowed hardcover in the 75-250' lakeshore distance. The proposed hardcover is
29.5% where 25% is allowed.
Structural Coverage
Total Lot Size Total Structural Coverage Percentage
20,230 s.f. Existing: 1,923.5 s.f. 9.5%
Proposed: 3,077 s.f. 15.2%
The lot would exceed the allowed structural coverage by 42.5 s.f.
ANALYSIS
Variance
STATEMENT OF HARDSHIP
The applicant's have included their statement of hardship in Exhibit A. The applicant should also
be asked for their testimony regarding this issue.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The property does contain a large buildable area. The proposed structure meets all lot and
setback requirements. The lot would meet allowable hardcover and structural coverage by
locating the house closer to the road and the structure downsized slightly.
#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page3
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The applicants have proposed to build a home that could be downsized slightly to
accommodate the size of the lot.
3. The variance, if granted, will not alter the essential character of the locality.
The variances would not change the locality, as the property currently functions as a
single-family residence and several properties near the subject lot contain boathouses.
4. Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
Economic factors are not a consideration with this application.
5. The Board of Appeals and Adjustments or the Council may not permit as a variance
for any use that is not permitted under this Chapter for the property in the zone where
the affected person's land is located.
The use of the property would remain residential, which is consistent with the zoning.
6. The special conditions applying to the structure of land in question are peculiar
to such property or immediately adjoining property.
The property can accommodate a residence with attached garage by altering the site plan.
The boathouse existed prior to current zoning regulations.
7. The conditions do not apply generally to other land or structures in the district
in which said land is located.
This lot is similar to other lots in the locality.
8. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The boathouse existed prior to current zoning regulations and does not appear to require
major renovation at this time.
#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page4
9. The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning Code.
The granting of variances would not be a public hazard or contrary to the intent of the Zoning
Code.
I 0. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
The variances from lot coverage and allowed hardcover do not appear to have a
demonstratable hardship due to the lots ability to accommodate a residence that would meet
Zoning Code requirements.
The variance to allow the accessory structure (boathouse) to remain with.out a principal
structure could be interpreted as a hardship as the structure has been on the property before
the adoption of the Zoning Code.
1. The applicants are requesting three variances (hardcover within the 75-250' lakeshore
setback and lot coverage to exceed 15.0%) and a third for an accessory structure to remain
on the lot without a principal structure.
2. The accessory structure would only remain on the lot without a principal structure during
the demolition and reconstruction period.
3. All required setback and yard areas are met.
4. The lot is sewered and under one acre allowing lot width and lot area to only meet 80% of
requirements.
STAFF RECOMMENDATION
• Staff recommends approval of the variance for an accessory structure to remain on the
property without a principal structure.
• Staff recommends denial of the variances for structural coverage and hardcover within 75-
250' of the lakeshore as a result of no apparent hardships.
•-· -A~"-..1,J ..... , ~irt-; W.17'loV--.--J.'N>.....---#'f...,,e-s.-..on\.=\-'------1,1n1\eu:,_.,....,r-:--, -1"10.t--<Se--io..:..-.---+(-.OV(....-r-,J::::11---: t""',cf'(M)_.......--.1:~:-tk--eet:-.1~1bl~e:t·M~~~c4,el:7'C'tr"':--
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#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page 5
Attachments
A Application
B Statement of Hardship
C Plat Map
D Location Map
E Survey/Site Plan
F Site Topography
G Hardcover Calculations
H Property Owners List
I Permit Record
#2406 Gerald and Sandra Erickson
2683 Casco Point Road
Variances
8/17/98
Page 6
EXHIBIT A
CITY OF ORONO • VARIANCE APPLICATION
Initial. Appli~tion Fee $250.00 ·. .
($50.00 per ·each additional ·variaJWe)
Renewal VarlSJJce Fee $150.00
(no change from orlgw.l applica:tlon)
Varla.M& for non-conforming ~os $2S0.00
Aft~the-Fact Fees (Double application fee)
SlteAddress o?6f...3 (;,0..SCD; ,c> Jf)t ,
PROPERTY INJi'ORMATIO~ . ; ,r,) , ~
Property Identification Numbc (}>.I.D~) J,oc LD :Su.S :§b~
Attach legal description to ~plicatiop. Jf not included on ,required survey. .
DateP~rA~uired <?£&'.r f:? (.)U£:Cf>ag::, JJ)r/A Y4t'latJ~onth/year) .
I (do) o not so own ~djacent patcels of land. .appr(]Yai!_ '-it) blU-ld
Pcesent use o property: residential __,.;.other (speclfy) ________ ~-
.zonlngDistrict:. ______ .,--______________ ~--
Setback: Front Side
~~gc
_ Av~rage Lakeshore
~r}·.'i-
~.... ,. .!l
. ~-. ~
.,~ .
TO: ClTY OF ORONO
REGARDING PROPERTY:
2683 CASCO POlNT ROAD
LEGAL DESCRlPTION: LOT 1 AUD SUB 265
REQUEST FOR STANDARD LOT VAR.YANCE:
REASON:
SUBSTANDARD LOT PLATTED TOO NARROW AT THE LAKE
REQUESTING A HARDCOVER VARIANCE(FROM 25% TO 30%):
REASONS;
EXHIBITB
THE PROPERTY TO THE NORTH IS PLACED ON THE LOT LINE. WE WOULD
LIKE TO PLACE OUR HOUSE AND GARAGE AWAY FROM THE BUILDING TO
THE NORTH FOR FIRE SAFETY WIITCH WOULD REQUIRE US TO EXTEND
OUR DRIVEWAY.
ALSO, BECAUSE OF THE PLACEMENT OF BUILDING TO THE NORTH, A
VARIANCE WOULD PROVIDE US SO:rvIE FREEDOM TO PLACE OUR HOUSE
ON OUR LOT IN AN ADVANTAGEOUS WAY TO ENHANCE nm OVERALL
NEIGHBORHOOD LOOK.
EXHIBITC
n
..) P,401<
I \f\ 8,4 y-
f ,
~
J
TGRRENS
CASE 15624
~ ~~ l
EXHIBITD
4
S kogsberg Point
VEST
I
North
Arm
;\,,SPRAY
I '--•--....._
I '·
5
Maxwell
@Bay
SOHNS i:
POINT o
LA a..
0
0
N
C")
(I)
z :z:
0
a::i
Crystal Bohns Poin'i ·
Bay
Carman ~
75
A
B
w w
(f)
C
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\.
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r I
EXHIBITE'
~ '<{", -..J.
_CERTIFICATE OF SURVEY FOR.
GERALD & SANDRA ANDERSON'
OF LOT 1, AUD .. SUB. NO. 265'
HENNEPIN COUNTY', MINNESOTA '' . .
l35
'.
.. ·.
)ll -~\~' ·, ·:··•~. r . . ..
' . . ,.
: ..
' .
LE(lAL DESCRIPTION OF' PREMISES: . _ . , . , , • ,
Loi 1,: "AUDITOR'·$ SUBDIVISION NUM~ER TWO ~NORED SIXT)'-FIVE, (~6?), HEN,N~PIN couN,Y, MINNESOTA"
This ·survey Intends to sho'w the boundaries of the obove described ·
proper-ty, and the location· o'f on existing house, garage, boathouse and
deck thereon. It' does not purport to show any other lrriprovements
of dncroochft\ents.
• Iron matker found
o, : Iron marker set
Bearings shown ore based upon on assumed datum
tiAtc OCSCIU'TOO
{ /:.>-~-~
_) ' -.\_,_,/'/
' ,.
EXHIBITF +
+
EXHIBIT G . . . . . C:,£.RAlO ~f'l(µOJ.A ,,1µ/J(-,l..fCd • .1-22 ..,C>o, HARDCOV~LCuLAT!UN WUK.K~.ti.t,~T ,-t<r
p~_Jdtf~!'.'E: (CIRCLE ONE) ~ 75-250' 250-500' 500-1000':
EXISTf.\'G HARDCO\'ER IN ZO:\'E
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. PatioiDeck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
_L~ng';h ,
-
X
X
X
X
X
X
X
X
• X
X
X
-X.
x·
X
TOTAL HARDCOVER IN ZONE
TOTA1:, PROPERTY AREA IN ZONE
A· _____ B
PROPOSED HARDCOVER IN ZONE
A. House
fX1J"T/,..,l: d'"-"r'/1oi:u~ _;...---~~
('x lf7 /Hr 57':~ ff ,t. /) ~ (' I<.
B. _Garage · _____ _
C. Dri\'eway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Pabrl~
G. Other
X
X
X
X
X
X
X
X
X
X
,:,.:
X
X
X
X
TOT AL HARDCOVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
A ------+ B
Width
Width
14
=
=
=
=
=
=
=
·=
=
=
--; .
=
! 11
=
X 100 =
=
=
=
==
=
=
=
=
=
=
= .,
...
x. 100 =
______ S.F.
_____ .,_ S\F.
------S.F. I ______ S.F.
______ S.F.,
S.F. -~-~--.. S.F ...
__ _.___..:... __ S.F.:
______ S.F.
______ S.F .
______ S.F.
_____ .;....S.F.
.-· •· ••· S:F.
-·s.F. .,....,... ____ _
-----~S.F.
______ S.F.· A
______ S.F. B -
______ %•1
______ S.F.
t~C';'r';;.,,,,l,..
-------,~1~•
.• ,, ¾
. ~:~:~··~-
------S.F. . ..
------, II
S.F .. , ------
J-/9•"S,F ... A ___ 6'_7._'.5 __ 0_ s·. F. B
't· 73__ %
. b-c~At..() fJA11,4MJ ,10./.l)O.fhV 7-2..l 'o"'
HARDCOVER CALCuLATlUi"I wuKK~~t,T · , , -'"
sE-NililiBf<E-.f:t (CIRCLE ONE) 0-75' @?:) . 250-500' 500-1000' ,
. g~; ~incOVER IN ZO~L
A. House:
B. ··aarage
C. Driveway
D. Sidewal~ ·
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
X
X
X
X
. x
X
X
X
X
X
X
X.
TOT AL HARDCOVER IN ZONE
TOTAL:-PROPERTY AREA IN ZONE
Width
A· -______ B -----
PROPOSED HARDCOVER IN ZONE
A. House
Lc:ngth
B. Garage
C. Driveway
__ D. Sidewalk
E. P~tic§) _____ _
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
7
X
X.
X.
X
X
X
X
X.
x-
X
X
X
X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE A . . . . . B
Width
-----
14
=
=
=
=
=
=
=
=
=
=
=
=
=
=
x lQO =
=
=
=
.: =
=
=
=·
=
=
=
=
X 100 =
______ S.F.
______ S.F.,,
______ S:F. I ... ______ S.F.
'. . ..
______ "S.F.
______ S . .F .
. S.F•.·: -----'--
_________ $.F.
______ ·S.F.
--'------S.F. ______ S.F.
,1 __ .....:_ ___ S.F.
__ ....:.... ___ S.F.
______ ,.S.F.
____ ___;__S.F.
______ S.F. A
l I
.....:.. _____ S.F. BI ___ __,_ __ % I~
2712.: S.F.
____ _;__S.F.
......... S.F.
S1.F.
---,.---S.F. ~~}
\.]';'."•:,;:r:9
o/00• S.F. . v~·;·:-
---..L.....::...--'--S.F: ~,,.;;:::-\''/1
/ f3 S.F. '<\~.~ •. 11 ~
----=-.-,-=--'-S.f:,_• =. ~-v
. I ?o s:F. ~:;.~~ r
S.F.~ <!:-~ ------
~. n S. F. ~~~-~
---,------,--S F '~"""~-. ... ,-~~
· ·• S.F. · .~ ;--. · ------
______ S.F.
3 ']75· S.F.. A ..
It,, '(6'5 S.F: B
29·. 52." %
EXHIBIT G · .-.. frC~AL() rf,,(A.,,(},t,f ,,,,._,,tJ(llJ&,,v 7,,,,.2 ,.qc,,
HARDCOVER CALCl.JLATlUN \'.\'UK.K~ T . " '6
l'BttJlcK ZONE: ccm'CLE ONE> · 0.:15• 75-250' "50;500• soo~rnoo•
EXIST~G HARDCOVER IN .ZO~"E
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape.
Underlain<
By Plastic
Or Fabric_
G. Other
L.:ngth
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAl:-PROPERTY AREA IN ZONE .
= ,
Width
=
=
=
=
=
=
=
·=
='
=
=
A· -.,.,.,-------B -----· X 100 =
PROPOSED -HARDCOVER IN: ZOJ\'E
A. House ______ x
B. Garage
-
C. Drivewa~,
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or'°Fabric
G. Other
L.:ngth
X
X
X
X
X
X
X
, X ·, ;
X
-X
X
X
X
X
TOT AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN 'zoNE
A B
=
Width
=
=
=
:.
=
"'==·-
=
=
=
=
==
X 100 =
14
• I
__ ..:._ ___ "S.F.
______ S . .f.
--.1------S.F,;. ~
--"".'----=---.::... S.F. ...
-----~•.,S;F.
-~--'-....,,.,.----S.F. S.F ... ------
., s:F. ------. •·
------S.F.
______ S.F.
-----''---s. F. I
---':------S.F.
------· ~.F..
----~-S.F.
_____ _;__S.F.
______ S.F.
--=-____ S.F.
---...,....,....,.....,-.-.,-~
I
----,---S.F. ,.
----~-..!.• S.f:.
______ S.F,
____ .;...__ S.F. [;'~-. ··~:~ -
-~-.....,.:.......--S.F~ I
.. , • 1 .... I
' .. /
___ S,F-:(,(>
s.F:l\ __ ,/ -----=-:--' '.I •
...,,.....--..----S.F. C::-:, ·:
------=---S.F. f:;;:,
-----.,--.--S.F. ---"-___ s.F:
______ S.F.
___, _____ S .F. , ______ s.F.'
··s.F. ---.-,-----
".'I _ ...
;
"•}
·o ·· S.F. A ____ __;__ B"
/5 S.F.
0 %
Ill;,
RUN DATE 07/20/98
BATCH 505
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR.
PROP AODR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 23 0001
02683 CASCO POINT RD
BEVERLY SHERLING
BEVERLY SHERLING
2552 W LAKE OF ISLES PKWY
MPLS MN 55405
38 20-117-23 23 0004
02697 CASCO POINT RD
A & C KANE
A LAWRENCE KANE
2697 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 RD
WAYZATA MN 55391
#~; ~-},,:_:,I, __ rdlf-:;;c:'
, .• Ji
.A·?\ .~·~ . ,:·· > d:' .\\ ,} , r. \ .. , ,, .• ---;i t:1. --1 , • r1 -~: ,:/1
lo-'-;.. ...... ,,~~
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 7
6
38 20-117-23 23 0002
02691 CASCO POINT RD
WILLIAM F MILLER ET AL
WILLIAM F MILLER
2691 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0020
02677 CASCO POINT RD
TYRONE A BUCEY & 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
TOTAL BATCH 505 _00010
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 0021
02665 CASCO POINT RD
CR SHUTTS & MB SHUTTS
CARL R & MARILYN B SHUTTS
2665 CASCO POINT RD
WAYZATA MN 55391
38 20-n1-23 24 0002
02660 CASCO POINT RD
FL HAIR & DE HAIR CO-TRST
FLOYD L HAIR & DIANE E HAIR
2660 CASCO POINT RD
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF1THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
. DATE 7 2/ '}8 BY ~ ~ OF HY KNOOLEDGE AND BELIEF. • • ")) , ~
~
~ = i--1 co
i--1
~ =
EXHIBIT I
PERMIT RECORD
·Permit No: Type of Permit
rJ011
08/10/98 15:29 FAX PBfMS CORP ------
August l 0, 1998
Planning Commission
City of Orono
2750 Kelley Parkway
Orono, MN 55356
RE:
File #2406
2683 Casco Point Road
I live directly adjacent to the south side of this property. I will be out of town on August 17th and unable to
attend the meeting. However, l would like to have my feelings in rega.rd to the proposed improvements to
this property addressed.
I think that you should approve the request for variances as applied for. The only variance: that they have
requested that you will no doubt take issue to is the keeping of the boathouse, I }-;now that you will be
tempted to grant them exactly what they want as Jong as they remove the boathouse. That would be a
tragedy. TI1at boathouse is ill extraordinary condition. With a little cosmetic work, it would be beautiful
once again.
The most devastating piece: of legislation that the city of Orono has ever passed is the 75-foot setback rule.
To slowly destroy the history of the City by requiring non-conforming structures to be elim.inated one by
one is ridiculous. l implore you to allow this structure to remain $fand.ing.
I would also point out that this would not be the first structure in the zero to seventy five~foot area that you
will h..we allowed to be maintained. As a reroind<'!r, l was given an after the fact variance to keep my
boathouse. The Bucey's who live directly adj11.cent to the North side of the pioperty were also allowed to
keep their boathouse upon rebuilding their hou.se. In addition, the Hurd' s just down the block were also
allowed to keep tl11;1ir boathouse upon rebuilding their house.
So if xny cry for mercy on this boathouse is not enough, maybe the precedent este.blished by the above
stat1;1d previously g-ninted variances will give you the strength to do the right thing. I think that it would be
great if you just decided to rescind the rule in it's entirety, so that t could stop worrying about the
destruction that you are causing to the history of om city.
Thank you for your attention to this matter. ~p
William F. Miller
2691 Casco Point Road
Wayzata, Minnesota 55391
la]00l/001
FROM ERICKSON-MADISON
,_. ,'. ,,
I ,, l.
PHot-.JE NO. 6088292778 Aug. 17 1998 02:38PM P3
L,b.~ 't-,1\\)::ihJ!:'.\O~~
I
'•-C4' w,CA--~O .. ~\~T. ·.~ ________ ,,,,.., ····-· .. , -.. -----·-·----------1 --~--~------
!
I
I
··1
FROM: ERICKSON-MADISON PHONE NO. : 6088292778
4-'b\
!>··
Aug. 17 1998 02:38PM P2
G _,
~
------... --~ .(/
--!. "'
ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 17, 1998
(#2405 GEORGE KALWEIT, Continued)
the three season screen porch from 20' x 8' to 24' x 10'. The Applicants have the option to rebuild
what was approved by the City Council previously without obtaining a variance if conditions on the
property remain as they were at the time of approval in 1992.
· Weinberger recommended tabling the matter to allow the Applicants time to submit an updated
survey and new hardcover calculations for the 0-7~' lakeshore setback and 75'-250' lakeshore
setback, reflecting all changes on the property.
Mrs . Kalweit commented the original decks and screen porch were built before the 0-75' setback
regulations went into effect and were grandfathered in. Mrs. Kalweit indicated they are requesting an
extension of one foot to the deck.
Lindquist indicated the Planning Commission needs to have an updated survey of what is currently
existing on the property before any action can be taken on this application.
Berg commented the new survey should also include what is being proposed .
Mrs. Kalweit indicated they have attempted to contact a surveyor but their phone calls were not
returned until late afternoon today .
There were no public comments .
Lindquist moved, Berg seconded, to table Application #2405, George Kalweit, 4265 Forest
Lake Drive to allow the Applicants time to submit an updated survey and new hardcover .
numbers. VOTE: Ayes 6, Nays 0.
(#13) #2406 GERALD AND SANDRA ERICKSON HAVING AN INTEREST IN 2683 CASCO POINT
ROAD -VARIANCES, 9:43 p.m. -9:53 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Mr. Larson was present.
Weinberger pointed out the name on the survey is incorrect and should read Gerald and Sandra
Erickson.
Weinberger stated the Applicants are proposing to remove the existing house and detached garage
on the property to build a new residence with attached garage. The Applicants wish to keep the
existing boat house with stairs along the lakeshore during construction, which requires a variance
. to allow an accessory structure to remain on the property without a principal structure . The Applicants
are requesting 3,975 square feet or 29.5 percent of hardcover in the 75'-250' lakeshore setback and to
exceed allowable structural coverage by 42.5 square feet.
Staff recommends approval of the variance to allow for an accessory structure to remain on the
property without a principal structure .
Schroeder inquired why approval of the variance for the boathouse is being recommended .
Weinberger stated the boat house is not in need of repair and is an asset to the property.
Van Zomeren stated the Applicant called City Offices this afternoon from Madison and indicated she
Page 15
ORONO PLANNING COMMISSION MEETING
MINUTES FOR AUGUST 17, 1998
(#2406 GERALD ERICKSON, Continued)
was in the process of straightening out the name on the survey .
. ' . . .
Chai~ Smith indi~ated she was conifortable with Staffs recommendations .·
Lindquist stated the proposed new structure could meet all the requirements for structural coverage
and hardcover without the need for variances. Hawn agreed . ·
There were no public comments.
Larson indicated the plumbing fixtures in the boat house will be removed by the next meeting, and
requested the Planning Commission consider hardcover in excess of 25 percent.
Lindquist commented the hardcover limit should remain at 25 percent and would vote against any
plan requesting hardcover in addition to the 25 percent lim it .
Chair Smith indicated the allowable hardcover in the 75'-250' setback is 25 percent. Hawn pointed
out structural is 15 percent .
Larson inquired whether a new plan should be submitted for consideration.
Stoddard commented the revised plan could be submitted to the City Council.
Schroeder moved, Stoddard seconded, to approve Application #2406, 2683 Casco Point Road,
granting of a variance to allow an_ accessory structure to remain on the property without a
principal structure during the construction phase, removal of the existing residence and
detached garage, with the newly constructed residence not to exceed 25 percent total
hardcover in the 75'-250' setback or 15 percent total structure hardcover.
VOTE: Ayes 6, Nays 0.
(#14) 2407 LANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE -VARIANCES, 9:53 p.m. -
9:58 p.m.
The Certificate of Mailing and Affidavit of Publication were noted .
Mr. and Mrs . Moore were present.
Weinberger remarked the Applicants are proposing to construct a 16' x 22 ' garage three feet from the
lot line which would require a variance to the side yard setback for an accessory structure where the ·
required minimum is 10 feet. The proposed locat ion is necessary in order for the Applicants to meet
the total hardcover limit of 35 percent.
Staff recommends approval of the application .
Stoddard inquired whether the Applicants still intended to remove a planter in order to reduce the
hardcover.
Mr. Moore indicated yes, they were .
Stoddard indicated he would not be opposed to leaving the planter there .
Page 16
08/10/98 15:29 FAX PIMMS CORP ------
August lO, 1998
Plan:ning Commission
City of Orono
2750 Kelley Parkway
Orono, MN 55356
RE:
:File# 2406
2683 Casco Point Road
I live directly adjacent to the south side ofthls property. I will be out of town on August l 7dJ. and unable to
attend the meeting. However, l would like to have 01y feelings in reg,ard to the proposed improvements to
this property addressed.
l think that you should approve the request for variances as applied for. The only vatiance that they have
requested that you will no doubt take issue to is !he keeping of the boathouse. I };;now that you will be
tempted to grant them exactly what they want as Jong as. they remove the boathouse. That would be a
tragedy. That boathouse is ill extraordinary condition. With a little cosmetic work, it would be: beautiful
once agajn.
The most devastating piece oi legislation that the city of Orono has ever pa$sed is the 75-foot setback rule.
To slowly dc:stroy the history of the City by requiring non-conforming structures to be elil::niI1ated one by
one is ridiculous. I implore you to allow this structure to remain $tanding.
I would also point out that this would not be the first structure in the zero to seventy five.foot area that you
will have allowed to be ma..i:H.tained. As a reminder, 1 was given an after the fact variance to keep my
boathouse. The Bucey's who live directly adj~cent to the North side of the property were also allowed to
keep their boathouse upon rebuilding their hou.se. In addition, the Hurd' s just down the block were also
allowed to keep tl1i:iir boathouse upon rebuilding their house.
So if rny cry for mercy on this boathouse is not enough. maybe the precedent established by the above
stated previously grnnted variances will give you the strength to do the right thing. I think that it would be
great if you just decided to rescind the rule fu it's entirety, so that 1 could stop worrying about the
destruction that you are causing to the history of om city.
Thank you for your attention to this matter.
~~
Wi!Ham F. Miller
2691 Casco Point Road
Wayzata, Minnesota 55391
[4] 001/001
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss .
)
CITY OF ORONO )
I, Mary Ann Johnson, 6fthe City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #2406 was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 7th day of August ,
1998.
"
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612) 473-7357 .Fax (612) 473-0510 . . . . .
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, August 17, 1998, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #2391
. 2. #2398
3. .• #2399
4. #2401
5. #2402
6. #2403
7. . #2404
. 8. #2405
9. #2406
Evan Anderson, 1260 Spruce Place, requests hardcover and setback
variances for a lakeside patio and the replacement of a garage .
Wayzata County Club, 200 Wayzata Blvd., requests a conditional use permit
and variances for land alterations including grading, filling and excavating.
The request is for approval of a master plan which primarily involves the
reconstruction of tees and bunkers, but which also involves the expansion of
ponding areas, one or more of which are protected wetlands.
. . . . .
Muriel Senn, 4448 North Shore Driv_e, requests a hardcover . and front
setback variance to allow a garage and addition to an existing residence. ·
Thomas and Margaret Radke, 3424 East Lake Street, request a variance to
construct an acc~ssory structure on an outlot.
Glen Sauer, 4104 Highwood Road, requests front yard setback and
hardcover variances to allow a new double garage.
Terry Clark, 1575 Long Lake Blvd., requests front, lakeshore and hardcover
variances and a conditional use permit to allow an addition to an existing
residence located in the 0-75' setback.
. .
Otten Brothers Nursery, 2350 West W~yzata Blvd., requests co~ercial
site plan approval for a proposed 144'xl32' greenhouse addition plus
relocation of an existing 45'x90' canopy within the site .
George Kalweit, 4265 Forest Lake Drive, requests lakeshore and hardcover
variances to repair and extend a lakeside deck.
George and Sandra Erickson, having an interest in 2683 Casco Point Road,
request hardcover and lot width variances to construct a new residence.
10. #2407
11. #2409
12. #2410
Lane and Kelly Moore, 3438 Livingston Avenue, request a ·side yard
variance to construct a new 16'x22' garage.
Gedney and Emily Anne Tuttle, 1225 Shoreline Drive, request a hardcover
variance to allow an accessory structure. · . . . . . ·.
Peter Boynton, 1973 Fagerness Point Road, requests hardcover, front yard·
setback, average lakeshore setback and lakeshore setback variances to allow
an addition to an existing residence.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
solicited. Plans are available in the City Offices for review, by appointment. For an appointment,
call 473-7357.
City of Orono
By: Planning Commission
Elizabeth Van Zomeren
City Planner/Zoning Administrator
To be published the week of August 1, 1998.
·Posted at:
Orono City Offices
Long Lake Post Office
Crystal Bay Post Office
Navarre Post Office
CITY OF ORONO
2750 Kalley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phona(612)473-7357 Fax 473-
0510 .
The Planning Commission will hold
ublic hearings in the Council Chambers at
780 Kelley Parkway on Monday, August 17,
998, beginning at 6:30 p.m. on the matter of
wiewing the following land use applications :
1 . #2391 Evan Anderson, 1260
pruca Place, requests hardcover and
etback variances for a lakeside patio and the
i placemenl of a garage .
2. #2398 Wayzata Country Club, 200
/ayzata Blvd., requests a conditional use
ermit and variances for land alterations
,eluding _ grading, filling and excavating. The
i quest is for approval of a master plan which
rimarily involves the reconstruction of tees
nd bunkers, but which also involves the
~pansion of ponding areas, one or more of
hich are protected wetlands .
3. #2399 Muriel Senn, 4448 North
hroa Drive, requests a . hardcover and
ont setback variance to allow a garage and
1dilion to an existing residence.
4. #2401 Thomas and Margaret Radke,
~24 East Lake Streat, request a variance
, construct an accessory structure on an
Jtlot. 1
5. #2402 Glen Sauer, 4104 Highwood
oad, requests front yard setback and ·
1rdcover variances to allow a new double
irage.
6. #2403 Terry Clark, 1575 Long Lake
lvd., requests front, lakeshore and
irdcover variances and a conditional use
i rmit to allow an addition to an existing
residence located in the 0-75' setback.
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 belo_w:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
8.) The printed Land Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks:
7 . #2404 Olten Brothers Nursery, 2350
Wast Wayzata Blvd., requests commercial
site plan approval for a proposed 144'x132'
greenhouse addition plus relocation of an ·
existing 45'x90' canopy within lhe site.
It was first published Saturday
the 1 dayof August 19-2.§_1
and was thereafter printed and published every
Saturday, to and including Saturday,
8. #2405 George Kalweit, 4265 Forest
Lake Drive, requests lakeshore and
hardcover variances to repair and extend a
lakeside deck.
9. #2406 George and Sandra Erickson ,
having an interest in 2683. Casco Point
Road, request hardcover and lot width
variances to construct a new residence .
10. #2407 Lane and Kelly Moore, 3438
Livingston Avenue, request a side _y~rd
variance to construct a new 16'x22' garage .
11 . #2409 Gedney and Emily Anne
Tuttle, 1225 Shoreline Drive, request a
hardcover variance to allow an accessory
structure .
12. #2410 Peter Boynton, 1973
Fagarnass Point Road, requests
hardcover, front yard setback , average
lakeshore setback and lakeshore setback
variances to allow an addition to an existing
residence.
the ___ day of _______ 19 ·
/JtJ/1!~ •~ thorized Agent
Subscribed and sworn to me on this
1
All persons wishing to be heard are
encouraged to allend this meeting . Written
·comments are .solicited . Plans are available ·
in the City Offices for review, by appointment.· By:
For an appointment, call 473-7357 .
City of Orono
By : Planning Qommission
Elizabeth Van Zomeren
City Planner/Zoning Administrator .
(Published in The Laker and Pioneer
Aug. 1, 1998)
n~ T M ~ ,t":~\. KRISTI HOLM {, :•~:.r,.,i i> ., ~:(HA RV P U SLIC • i'.HN N ESOTA · ' .. , }. }f{::'.· f/.Y Cm!MI SSI C~: cX PIRES
·Rate lnfol'°h{'aHon 2000
(1) Lowest classified rate paid by ·commercial users
for comparable space: $12.90 per inch.
(2) Maximum rate allowed by law for above matter: $12.90.
(3) Rate actually charged for above matter: $7.19 per inch.
Each additional successive week: $5.14.
REQUIRED SUBMITTALS
All Q.f tlle follQ»:in1 tnrormalt~Ul mmt Jnuubmitt~d by th~ appJfoaffon 4H11lia.Ldlit@Jn
gnler for Y<ml ~l~lti,gn to be coxuldiud WllDIG
1. ~, C<>mpleted A~Hcation Fonn
2. Certified Property Owrusrs List of owners within 150', labels and plat map (you
must obtain th.ls list, labels and map from. Hennepin County Department of
Finance, A-603, Govt Center~ 348-32.71).
3. Certificate of Survey (signed by a li~d surveyor) and include hardcover
clllculations as required. In add1tion, prO'\-ide one (1) eo'py SW' x 11 11 for
reprodootion.
4. Topographic SU?Vey (existing end proposed el~vatfons) if' any clumges in existing
g,:ade are proposed. In addition~ provide one (1) copy 8½'' x 11" for reproduction.
S. Sketches or plans of floor & elev11Hon vlews (provide one (l) oopy 8½" x 11 ").
6. List of the 1egru. names (iuclU& marital status) of all persons with an interest in
the property, This would include name(s) of l\pplicant(s) if not current owne:r(s).
7. As an addtt1dw.n to this application, please attach a sepanite list of any-other
persons you wish notifled of this application.
8. Additiom\l items as may be requested by City staff,
The Appli<iant and Properly Owner must sign this· appJication, Please rememQer tha~ DUil:
!!Arline~ APllliutlwi if not colW)lek l!Jhe above information baa uo.t betn mcluckd,
APPLICANT'S SIGNATURE
The pppllcant hereby agrees to provide all information required or requeswd by the Zoning
Administrator, agrees to pay addttlOJlftl•fees (staff time not covered by original fee payment)
and/or consultant expens~ inourred in. review of this appllcation, and certifies that the
Information supplied is truo and ~t to the best of his/her. ~o~led,e.
Appl!canfs Signature* ~J-&~-2/4JfiL
OWNER'S-StGNA.TURE
The owner hereby acknowledges and agrees to thl$ application aud further authorize& reasonable
entry onto the pJ:operty by City staff, cons1Jltartts, agents, Commission memb<m, and Council
memberri1 for pmposes of investigation ·and -rerlfication of this request.
Owner's Sip1ature --~------------Date-~-----
Applictmt must have all submittals into the City om.cos 2S days before th~ Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of ea.ch
month. AppUoants must be present at all ,~hedllled review meeflnwi of the Pl~nlng
Commlnton and Coum:IL If an appU=t is unab1e to attend a ached.u\ed 1)18Gting, plt.tVre
tnekc mmngements to have an authorized agent attend in your place and to advise, the Building
& :toning Office of this change prior to the m~ting.
B
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REQUIRED SUBMl'fT ALS
All...iltJ.bc (olm~mation mutt.be suba,Utcll by Ou, .111Pli91dion · 4u4lble dntJi hl
,u:d«,t fot.-X5!UJ'. ,aiudkatlon to be conlldw:d ~,.
l. · Completed Application Form ·
2. Certified Property Owncn List of owners within 150\ labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Finance, A~603, Oovt Center, 348~3271). ·
3. . Certificate of Survey (signed by a licensed surveyor} and include hardcover
aalculatiotui a, required. In addition, provid., one (1) copy 8½" x 11" for
reproduction.
4. Topogrqphie survey (existing and proposed elevations) if any changes in existing
grade m:e proposed. In addition, provide one (1) copy 8½" x 11 '' for reproduction.
· 5. Sketches or plans of floor & elevation views {provide one (1) copy 8W' x l l ").
6. List of the legal nami,s (Include mental status) ot all pnsons with an intere,t in
the property. This would include name(&) of applicant(g) if not <:urrent owner(s).
7. As an addendum to this application, please, attach a separare list of any other
persons you wish notified of this application.
8, Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this· application. J)lea.se 1'¢member that XO.Ut
X&lilnce 111pllmdtan ts J10t tamplete.i1tl11 uouJutormatlOA llu not.bit» lndad.caL
APPLlCANT'S SIGNATURE
The applieant hereby agrees to provide all irtf onnation required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment) '°'4
~"·•, •••••••• ,··7
W1dlor consultant ixpenses incurred in review of this appli~tion. and certifies that the
infonnation supplied is true and correct to the best of his/her knowledJe.
Applicant's Signature __ _ _____ ,."",,... ____ .....,..,.,._ Date ............. .....,.....----~-
OWNER'S~SlGNATURE . ,.
Th• QWt\ef hcmby acknowledg~i, and aat0os 10 thi$ application Nld fwth~r authotizes reasouabl~
edtr:y onto the ·property by City staff, oorumltants, agents. Commission members, and Council
embers for purposes f investiaation and verification of this request. .
· · owner', Sianatuf"Q,;;.,J~~~,~(;;u~~~~;i....... ..... ~ Date 7.J.;;;1 .J t?'/.
: Applicant must hav · J · s~ ~ offices 25 days before the PJannina
! Commission Meeting. Planning Commission Mffth.1gs are held on the third Monday of each
. ! month. Applicant. must be pre1ent at Bil seh,duled t-evlew meetlnp of tb• Planning
· 1 Commh,lon and Council. If an applicant is unable to attend a scheduled meetmg. please
: : make ~ngetmnts to have 1'n authorized agent attend in your ·place and to advh.10 the Building
· 8t Zoning Office of this change prior to the meeting.
8
Adjacent Property Owners' Acknowledgement Form
I (we) T'(Rali/lri-/'JI/A /]IJCEY
[print name(s)] .
of '2677 Cl4>Cv Pr /2.I)
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at Z&V CIJ$Co PT@ also referred to as Land Use Application No. ----
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but mer~ly to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
7-Zl-cf?:
Property Owner Date
Property Owner Date
******************************************************************************
I (we) WtUm/1 t11lLfM_
[print name(s)]
of ZIV Cf?. .5C t) f'tJ/,,CT' ttP
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at 'Zlf) Cl4;YO .J??7fjj also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that-I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
7-Zl-c{f
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date. ·
9
Ill
RUN DATE 07/20/98
BATCH 505
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 23·0001
02683 CASCO POINT RD
BEVERLY SHERLING
BEVERLY SHERLING
2552 W LAKE OF ISLES PKWY
MPLS MN 55405
38 20-117-23 23 0004
02697 CASCO POINT RD
A & C KANE
A LAWRENCE KANE
2697 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 RD
WAYZATA MN 55391
~~~~ct)
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 23 0002
02691 CASCO POINT RD
WILLIAM F MILLER ET Al
WILLIAM F MILLER
2691 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0020
02677 CASCO POINT RD
TYRONE A BUCEY & 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
TOTAL BATCH 505 00010
REPORT NO. PI435401
38 20-117-23 23 0003
02695. CASCO POINT RD
JOHN T R"EDMOND
JOHN -T REDMOND
2695 CASCO POINT RD
WAYZATA MN 55391
PAGE 7
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 20-1_17-23 24 0002
02660 CASCO POINT RD
FL HAIR & DE HAIR CO-TRST
FLOYD L HAIR & DIANE E HAIR
2660 CASCO POINT RD
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF1THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE ANO BELIEF. 0, ~
DATE 7-21-'}8 BY U/.u.,, </J{?,1~
TO: CITY OF ORONO
REGARDING PROPERTY:
2683 CASCO POlNT ROAD
LEGAL DESCRIPTION: LOT 1 AUD SUB 265
REQUEST FOR STANDARD LOT VARIANCE:
REASON:
SUBSTANDARD LOT PLATTED TOO NARROW AT THE LAKE
REQUESTING A HARDCOVER VARIANCE( FROM 25% TO 30%):
REASONS;
THE PROPERTY TO THE NORTH IS PLACED ON THE LOT LINE. WE WOULD
LIKE TO PLACE OUR HOUSE AND GARAGE AWAY FROM THE BUILDING TO
THE NORTH FOR FIRE SAFETY WHICH WOULD REQUIRE US TO EXTEND
OUR DRIVEWAY.
ALSO, BECAUSE OF TIIE PLACEMENT OF aOILDING TO THE NORTH, A
VARIANCE WOULD PROVIDE US SOME FREEDOM TO PLACE OUR HOUSE
ON OUR LOT IN AN ADVANi AGEOUS WA y ro ENHANCE THE OVERALL
NEIGHBORHOOD LOOK.
CITY of ORONO
StrHt Wrtn1 '
· 2760 K!llley Palkway
' Orono,· W. · 5535~ ·
. . .
D,\TA ?BJYACl'.'. Al>XISDBX
l .. lllfff Add~III ,
. P.O. ~I 66 . ·,
Ol)'stal bay, MN $5n3•0066
.. _In accot:~ancc with M.S. 13.04, Subd, i~ "Rights of subjects 9f data'\ we would like to
ifiform . you that yollt" request for a. perm.it ox license from the City of Oti0no or any of its
departments may. ,:equire you to funµsh certain private or i=-on:fidmrtial information.
You I.U'e notified that:
l, The information yo1J furnish: will be: used to d,etennine your qualific~ion for the
petmit .or license teque$ted. · ·
2, • You may ·i;efuse to supply da.ta.· but refusal may require that tho City deny the permit
of license. · · · · · ·
j. the information. may be shared wl1h. other locaL state or federal' agencies ·to the
· extent necessaey to process the permit or license. · ·
4. If your requested ptrrnit .ot lfoense . requires Co\Uloil action "to o.pprove, some
infennation m~y be0-0me public.
S. , You have certain tights under M.S. 13.04 (see fullowiug page) to review prlv~ daui
on yourself. ·
6. Your full name is req~to process this application o; permit. , . · ; · . · .
· ~ePA:?);) · vos~Ptf -·· g.1cM.oN · ·-
irst Middle · . Last
-. ·16 I 8 /))_t;LTf)jV . 1)PJVE ·
Address . . , . .
/l!llrDJs_9t/ ...... ~ Y.{I · £3rl[
City State Zi:P
S~e
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'Nepl,one (612) m.."IMI/ • FAX ~10
10
REQUEST OF VARIANCE 2683 CASCO POINT
REQUEST FOR ADDITIONAL HARDCOVER OF
420 SQ. FT (TOTAL REQUESTED 3786 SQ. FT
75' TO 250' HARDCOVER ALLOWED 3366)
NO ADDITONAL STRUCTURE IS REQUESTED
(ALLOWABLE STRUCTURE COVERAGE 3034.5)
HARDSHIP: DEPTH OF LOT TO SETBACKLINE
ENCLOSED
1) LOT OVERVIEW OF AREA
2) OPTION#l
3) PLAN#l
-4) OPTION #2
5) PLAN#2
6) OPTION #3 ( THE DESIRED OPTION)
7) PLAN#3
I
I
I
.I
OPTION #1 (see plan No. 1)
(75 TO 250 FT REQUIREMENTS)
STRUCTURE COVERAGE 2550 SQ. FT
HARDCOVER 3366 SQ. FT
ADVANTAGES:
MEETS CITY REEQUIREMENTS
STRUCTURE FOOTPRINT AND WIDTH SUITABLE
TOLOT
DISADVANTANGES:
NOT CONSISENT WITH ADJOINING PROPERTY
( HOUSE NOT IN LINE OF SIGHT)
DETRACT FROM VALUE OF PROPERTY
HOUSE WOULD BE LESS SALEABLE
-~-----
--LAKE' MINNETONKA
929A CONTOUR L
h, \
I • • ' ' ' \ •, '
OPTION #2 (see plan No. 2)
(75 TO 250 FT REQUIREMENTS)
STRUCTURE COVERAGE (UNDER REQUIREMENT)
HARDCOVER 3366 SQ. FT
ADVANTAGES:
MEETS CITY REQUIREMENTS
CONSISENT WITH ADJOINING PROPERTY
(HOUSE LINE OF SIGHT)
-DISADVANTANGES:
STRUCTURE FOOTPRINT AND WIDTH NOT
SUITABLE TO LOT
DOESEN'T FIT INTO NEIGHBORHOOD
DETRACT FROM VALUE OF PROPERTY
HOUSE WOULD BE LESS SALEABLE
~·1s 1S
o:foJ 1ablt
)1ardco1fe(.
---------"'-.:.-........,_,,-.....__,__ __ ;..
-----~--------------~ ----~-_____.., -------------
OPTION #3 (see plan No. 3)
(75 TO 250 FT REQUIREMENTS)
STRUCTURE COVERAGE 2550 SQ. FT
HARDCOVER 3786 SQ. FT
ADVANTAGES:
CONSISENT WITH ADJOINING PROPERTY
(HOUSE LINE OF SIGHT)
STRUCTURE FOOTPRINT AND WIDTH SUITABLE
TOLOT
FITS INTO NEIGHBORHOOD
HOUSE WOULD BE SALEABLE ON PAR WITH
NEIGHBORHOOD
DISADVANTAGES:
DOSEN'T MEET CITY REQUIREMENTS WITHOUT A
VARIANCE
Pa.u. \ Lo.< so.,
2J> 83 ~~Sct.o Po ·n·\+ Roo..d
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CERTIFICATE OF SURVEY TOR ..
GERALD & SANDRA ANDERSON'
OF LOT 1, AUD .. SUB. NO. 265'
H~NNEPIN COUNTY·, Ml,N,N~SOT A
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LEGAL DESCRIPTION OF' PREMISES: . • . , . . ·,
Lot 1: "AUDITOR'·S SUBDIVISION NUMBER TWO HUNDRED SIXT)'-FIVE,(?_65), HENNEPIN couN-rY, MINNESOTA"
This survey intends to show the boundaries of the above described
proper-ty; and t-he locatio'n · cff an existing hquse, garage, boathouse and
deck thereon. It' does not purport to show any other improvements
of encroachftients. •
• Iron marker found
o, Iron marker set
Bearings shown ore based upon on assumed datum
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1
"""""'" J • COFFIN & GRONBERG, INC. ~:~~P:J':!:i'¾:=~.:E~:::i ··;:"
OAAWN t===~t=====i==========================~~l++,_j~--CQ&l.llG DQIEis, I.All) SUMY(RS, SITE PI.NHRS SUIVEYal l.NEI Tl£ LAWS r# Tl£ STATt: r# t.aKSOTA. 7 / 17 /98
' . 482 T~ AVOU, LaG LAKE. I.N. M3!le 1.-,.. _ _.;:,~~,dL___,,e_:!:::!:~~:___-------I JOB NO.
C1€CICED 512-473-4141 ' ' 98,:10 , , , OAT[ zl.a-2.t ~LICENSE~ ,...LJ..Zll. ~ .J
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