HomeMy WebLinkAboutProject PacketCITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
TO: Michael & Sharon Baskfield
2755 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
ZONING FILE: 12-3581
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: 12 December 2012
COPIES: Dan Murphy-via Email
DATE OF MEETING: 10 December 2012 VOTE: 4 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the original resolution at the City Offices (Monday through Friday,
8:00 to 4 :30). All persons with an interest in the property must sign the resolution. The
resolution must be signed before the building permit will be issued .
Variance approval is limited to the extent shown on approved plan and as noted in the
approval resolution. Changes in approved plans are subject to further review by the City.
Variance approval expires one year after date of approval. A building permit must be obtained
no later than December 10 , 2013.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at
mcurtis@ci.orono.mn .us or 952.249.4627.
MINUTES OF THE
ORONO CITY COUNCil, MEETING
Monday, December 10, 2012
6:30 o'clock p.m.
G COMMISSION COMMENTS -BRUCE LEMKE, REPRESENTATIVE
Lemke reported a e last Planning Commission work session, they reviewed some cormng
applications, the hardc r regulations and calculations with Mike Gaffron, and cussed the upcoming
year. Since the economy is king better, the Planning Commission is ant" · ating more applications.
The Planning Commission is lo
future.
PUBLIC COMMENTS
Ralph Kempf, 3675 Togo Road , commended Lin
done for the City of Orono over the past 22 y
AND MARil,YN CRAWFORD, 4745 N
ION NO. 6187
· Bremer m , Printup seconded, to adopt RESOLUTION NO. 6187, a Resolutio :Vacating a
Dedic Right-of-Way Within the Plat ofBergquist's and Wicklund's Park, Henne
esota. VOTE: Ayes 4, Nays 0. ·
*9. #12-3581 MICHAEL AND SHARON BASKFIELD, 2755 CASCO POINT ROAD -
VARIANCES -RESOLUTION NO. 6188
Bremer moved, Printup seconded, to adopt RESOLUTION NO. 6188, a Resolution Granting
Variances to Orono Municipal Code Sections 78-1685 and 78-1700, for the property lo ted at 2755
Casco Point Road. VOTE: Ayes 4, Nays 0.
10. 12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEG BURNET, 517
FERND.M..Ll.~OAD NORTH-AFTER-THE-FACT CONDITIONAL PERMIT-
RESOLUTION 6189
Perry Schmidt, Applicant, stated he w like the City C
after-the-fact fee. Schmidt indicated he rec
on the site , the Minnehaha Cree atershed District was asked to
get involved and they required e additional work be completed on the · e. One of the conditions was
that additional dirt be brouo m and the area seeded. Schmidt indicated he a ted to keep the City
informed and involved i rying to resolve the issue. Schmidt stated the additional · was brought in
and that he sent an e ail notifying Staff and the Watershed District when the work was O ing to take
Page 6 o f 2.5
Melanie Curtis
From: Melanie Curtis
Sent:
To:
Wednesday, December 12, 2012 10:54 AM
'Dan'
Cc:
Subject:
Attachments:
Dan
'Mike Baskfield'
Action Notice 12-3581
C Action Notice. pdf
Please see attached. The resolution must be signed by both property owners before I can issue the permit. Also, I will
need 2 additional full sized copies of the plans and at least one additional full sized copy of the revised survey for the
building permit file.
Melanie Curtis
Planning & Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning & Zoning Office 952.249.4620
Email: mcurti s@ci .oro no.mn .us
Website: www.ci.oro no.m n .us
City of Orono Office Hours
Monday -Friday 8:00 am -4:30 pm
1
Date Application Received: 10/16/12
Date Application Considered as Complete : 10/16/12
60-Day Review Period Expires: 12/15/12
REQUEST FOR COUNCIL ACTION
Department Approval:11 Af / Administrator A roval:
Name: Melanie Curtis VVV
Title: Planning & Zoning Coordinator
Date: 5 December 2012
Item No. r
Agenda Section:
Item Description: #12-3581, Michael & Sharon Baskfield, 2755 Casco Point Road
Hardcover & Structural Coverage Variances -Resolution
Zoning District: LR-lC Single Family Lakeshore Residential, 0.5 acres/100'
Lot Area: 15,338 square feet (0.35 acre)
Lot Width: 79' @ OHWL & 65' @ 75' setback
List of Exhibits:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Draft Resolution
Revised Survey
Revised Hardcover Calculation Worksheets
Revised Plans
PC Report 11/14/12
Comments from Neighbor 11/19/12
Draft PC Minutes 11/19/12
Application Summary:
The applicants are requesting hardcover and structural coverage variances in order to reconstruct the existing
lakeside deck. Because the property currently has 29 .2% hardcover (based on corrected, revised calculations),
exceeding the allowed level of 25%, and because the proposal will not achieve the allowed level of 25% nor
conform to the 15% structural coverage limit, variances are required.
Although they were reconfiguring the deck, the applicants intended to propose no increase in the
reconstruction of the existing deck. However, inconsistencies between the construction plans and the
submitted survey result in 45 additional square feet of deck structure on the proposed plan.
Planning Commission Recommendation
On November 19, 2012 the Planning Commission voted 7 to Oto recommend approval of variances to
reconstruct the deck resulting in no net hardcover or structural coverage gain. The applicants were directed to
revise their survey to confirm a hardcover and structural coverage balance prior to placement on the City
Council's agenda .
Planning Staff Recommendation
The applicants have provided a revised survey and hardcover calculation worksheets which reflect the project
will have no net increase over today's existing levels . Staff recommends the approval of the variances
according to the attached draft Resolution.
COUNCIL ACTION REQUESTED
The Council should consider adopting or amending the attached draft approval Resolution.
A RESOLUTION
GRANTING VARIANCES
TO ORONO MUNICIPAL CODE
SECTIONS 78-1685 and 78-1700
FILE NO. 12-3581
Council
Exhibit A
WHEREAS, Michael Gerald Baskfield and Sharon Joy Baskfield, a
married couple, (hereinafter "Applicants") are the owners of the property located at 2755
Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot
7, Auditor's Subdivision No. 265, Hennepin County, Minnesota (hereinafter "the Property");
and
WHEREAS, the home on the Property was constructed in 1989 just prior to
the adoption of the City's massing standards limiting properties less than 2. 0 acres to 15%
coverage by structures; and
WHEREAS, in 1989 a 75' to 250' zone hardcover variance was granted for
the construction of the new home permitting 34.26% (3,580 square feet) within the 75' to 250'
zone where 25% is normally allowed; and
WHEREAS, the approved structural coverage level for the Property in 1989
was 2,750 square feet (17.9%); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono Code Section 78-1685 in order reconstruct an existing deck resulting in 2,896
square feet (1S::8%) structural coveragewhere 15% is the limitation per City Code, 17.9%
was previously permitted and 2,896 square feet (18.8%) currently exists; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono Code Section 78-1700 in order to permit 4,492 square feet (29.2%) hardcover
where 3,834.5 square feet (25%) is permitted based on gross lot area and 4,492 square feet
(29.2%) hardcover currently exists in conjunction with the reconstruction of an existing deck
and patio; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on November 19, 2012, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
Page 1 of 5
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #12-3581.
2. The Property is located in the LR-1C zoning district, where 0.5 acres is the
minimum lot area and 100 feet is the minimµm defined lot width. The Property
is approximately 0.35 acre in area and has 79. feet in width at the OHWL and
65 feet at the 75' setback.
3. The Planning Commission reviewed this application on November 19, 2012
and on a vote of 7 -0 recommended approval of the variances, based on the
following findings:
a. The lot is provided with City sewer.
b. The Property is located in Tier 1 of Orono's Stormwater Quality
Overlay District and is limited to 25% hardcover based on gross lot
area.
c. The current level of hardcover and structure on the Property exceeds
the approved 1989 levels by 465 square feet and appears to be the
result of minor changes in the house, deck, driveway, and sidewalk at
or about the time of .construction.
d. The Applicants purchased the Property as-is in October of 2007.
e. The Applicants' request will alleviate a practical difficulty inherent to
the existing hardcover and structural levels on the Property and not
created by the Applicants.
f. The Applicants' request is reasonable and will not alter the essential
character of the neighborhood and will result in minimal negative
impact on adjacent properties.
g. The Applicants' request is in harmony with the purpose and intent of
the ordinance.
Page 2 of 5
h. The proposed deck and patio are consistent with the comprehensive
plan.
i. The proposed deck and patio do not appear to adversely impact
adjacent properties.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the Applicants and the public, and the effect of the proposed
variance on the health, safety and welfare of the community as well as the
impact on properties in the vicinity:
5. The City Council finds that the conditions existing on this Property are peculiar
to it and do not apply generally to .olher property in this zoning district; that
granting the variance 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 Applicant, but is necessary to alleviate a
practical difficulty; is necessary to preserve a substantial property right of the
Applicant; and would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances to Orono
Code Sections 78-,1685 to allow 2,896 square feet (18.8%) structural coverage where 15% is
the limitation per City Code, 17.9% was previously permitted and 2,896 square feet (18.8%)
currently exists; and City .Code Section 78-1700 to allow 4,492 square feet (29.2%)
hardcover where 3,834.5 square feet (25%) is normally permitted and 4,492 square feet
(29.2%) hardcover currently exists in order to reconstruct an existing deck and patio; subject
to the conditions listed below: ·
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
Any amendments to these plans may require further Planning Commission and City
Council review.
2. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by obtaining building and zoning permits
for the new construction and commencing construction of said project. A framing
Page 3 of 5
inspection must be completed within one year of the date of Council approval, or the
variances will expire on that date (December 10, 2013).
3. 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.
4. The undersigned Applicants have read, understood. and hereby agree to the terms of
this resolution and on behalf of their heirs, successors and assigns, hereby agree to
the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on this 10th day of December, 2012.
ATTEST:
Linda S. Vee, City Clerk Lili Tod McMillan, Mayor
Page 4 of 5
Michael Gerald Baskfield
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Sharon Joy Baskfield
This instrument was acknowledged before me this __ day of ______ _
2012 by Michael Gerald Baskfield, husband of Sharon Joy Baskfield:
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
Notary Puolic
This instrument was acknowledged before me this __ day of ______ _
2012 by Sharon Joy Baskfield, wife of Michael Gerald Baskfield.
Notary Public
Page 5 of 5
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the location of an existing house end shed, end the location of el!
visible "haidcover" thereon, and the proposed locatlon of a proposed
patio and deck. It does not purport to show any other Improvements
or encroachments.
CERTIFICATE OF SURVEY FOR
MICHAEL G. BASKFIELD
EXISTING
OF LOT 7, AUDITOR'S SUBDIVISION NO. 265
HENNEPIN COUNTY, MINNESOTA
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l tibitA-L RECEIVED
2. PROPOSED HARDCOVER DEC O 5 2012
In the following table, identify all items of proposed hardcover on the property, keyed by
letter to Certificate of Survey (survey must accompany this form). Include all exfsHRgOF ORONO
hardcover items that are intended to remain, as well as all proposed hardcover items that
will be added. Use as many lines as necessary to accurately depict proposed hardcover
status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Examole) (Garaae) (24' X 30') (720S.F.l
A #t?HfG' 2390 S.F.
B .Fr/€() Z S3 S.F.
C IJ6'CI< /j7 fHf"IJ J; S.F.
D 8 .I I I' K /d '7 IJ ~ I' k' .J. f' llf' IJ 7 S.F.
E /? LA Ck rt::/J ~ti.I VF°UIA 7' 1123 S.F.
F Co,ur-/J..~i<: /f/JA.O,V 6'6' S.F.
G a,;1..1c 11, 0f· W.1 ti< /81/ S.F.
H .-. --u • ~-, A("" (TIP 11€ ~~MPl/f'i>) -·-t-ST-S.F. . . . . -
I J 7' f" ;J f' A./ t:I I(, 7 Iv' CF" Iv~ U r f" So S.F.
J A/r ~A I) .5 S.F.
K RON<' 1/';t,; /:A.ill Ir /037 S.F.
L CO'Mrd r;< T<::' ~A I) 8 S.F.
M /J .I/Jlh/1 /,;,IA//.,~)' 8'7 S.F.
N .I? cJt,.; <. IJ F ,t / A,),,t Li...S I 72. S.F.
0 ...d, --_, _,,.. A,;;:-,:?p~-f-r(il,g~ ~/;~111,1,: ~) -z:-9-S.F.
p A//:'~ ./) cC'K 253 S.F.
Q ,0£(,,(,,,J /J//71(? ouTJ"l.()P OF ~f'rK 29 S.F.
R S.F.
s ' S.F.
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(1) Total Proposed Hardcover S7o/ S.F.
ExcludableHar~cover:
k ,to,-v c;,v /:";t.in1c /t>37 S.F.
IV d~u<.tl,S:-.< bV,,,u.,ts / 72. S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover /l.o'} S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1 )] <t''t-'92 S.F.
(4) Total Lot Area /S,; JBB S.F.
Proposed Hardcover Percentage [ (3) + (4)] Z 9 .. /'} %
2
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MAIN LEVEL PLAN "BEFORE"
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#2755
LEGAL DL:SCRIPTION OF PREMISES :
Lot 7, Auaito~s Subdivision No. 265
o : d•inotes iron marker
Bearin11s shown are based upon an assumed datum.
This suriey shows the boundaries of ihe above described property,
the 1ocalicn of an existing house and shed, and the location of all
visible "htrdcove~· thereon, and the proposed location of a proposed
patio and ceck. It does not purport to show any other improvements
or encro.1ct,ments.
CERTIFICATE OF SURVEY FOR
Council
Exhibit 8
MICHAEL G. BASKFIELD
EXISTING
OF LOT 7, AUDITOR'S SUBDIVISION NO. 265
HENNEPIN COUNTY, MINNESOTA
GARAGE
BLACKTOP D~VEWAY
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":ouncil
... xhibit C-\ October 2012
City of Orono RECEIVED
Hardcover Calculation Worksheet
Property Address 2 75"5 C~J'(O ~Ollt/T A Olfb DEC 052012
Prepared by {rftl)rJrlf,ec: iA!f'oc/AH·r, 11VC. Date IZ•fLT)'.@FORONO
Stormwater Quality Overlay District Tier: (Circle one) ~ Tier 2 Tier 3 Tier 4 Tier 5
1. EXISTING HARDCOVER
In the following table, identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
I (Examolel (Garaael · (24' X 30') /720S.F.)
A ,1.,/0U.J" € 2390 S.F.
B J/-/t:O ZS~ S.F.
C .l.leCk B'r /'"1✓€/J ~I S.F.
D 4~IC'I< b'Y #€CK ~ FIIF'O 7 S.F.
E #L,AC"Krqp A/l 11,/ <: t.,t.,l ,A 7"' /12.:J S.F.
F CO,.v'C fl f" T€ Af'Ap,v 66 S.F.
G CC';t.,l(';e ~Tr-t,,A..1/1 L./( 181/ S.F.
H ~€'Cl< -I FT/IJ/?S Z..S:3 S.F.
I .J T€' /J .J' A./0 fl TN tJF /li!Jurr;" 56' S.F.
J Ale ,I) Ai) s S.F.
K A70f'K t?,u FA BR; C /037 S.F.
L C d;t /('t!_ €T<; />,11) B S.F.
M U;t7~tJ W ;/ t l f 87 S.F.
N if tti> U lid(: /i. tt.,,'A l l S /72 S.F.
0 f) 4 T 1~ tt,,fTJ'IIJ f" ~F j) f!' r K 2'7 S.F.
p S.F.
Q S.F.
R S.F.
s S.F.
T S.F.
u S.F.
V S.F.
(1) Total Existing Hardcover S7o/ S.F.
Excludable Hardcover: I
I< ~OCK tJ/1/ FAl/ltlC /057 S.F. I
A/ At1U 1., ti ~ll. f,U j U .J' /72 S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover 12 O '7 S.F.
(3) Net Existing Hardcover [Subtract line (2) from line (1 )] ~'-t' '1 2 S.F.
(4) Total Lot Area /S:,, .?88 S.F.
Existing Hardcover Percentage [ (3) + (4) ] 2 9,.19 %
2. Proposed Hardcover (Over-.)
2. PROPOSED HARDCOVER DEC 05 2012
In the following table, identify all items of proposed hardcover on the property, keyed by
letter to Certificate of Survey (survey must accompany this form). Include all exfstlngOF ORONO
hardcover items that are intended to remain, as well as all proposed hardcover items that
will be added. Use as many lines as necessary to accurately depict proposed hardcover
status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Example) (Garaoe) (24' X 30') (720 S.F.)
A /-/(?~.It,;' 2390 S.F.
B 5/-/eO Z S.5 S.F.
C ~ €'Ct< /J 7 .r H€' IJ 31 S.F.
D 19,e,rK A"l' Ai<"'l'k' ~I'Nf'IJ 7 S.F.
E /?LA r: k re,() /)II.I 1/F°(...(,.IA 7" /123 S.F.
F C O>V('A_ f'i<: /I /J A. o,v 6'6' S.F.
G Q1MCA0f" WAtk 18¥ S.F.
H I\ ,,,,...,,.. •J ,t ,...__ -" A I"""'-(T4'/ .i €' ,e~M li'V(,"tJ) -·-t-5-j--S.F. -.. ~~ r ,,. ". ~
I J"7'f'/J J" A..,,ld/?. 7/v Cl=" /v'tPt.,df" So S.F.
J A/c ~A I) _c; S.F.
K R 01' L<' {)',4 ,) /: ,A .i Jl I r /037 S.F.
L COMrte t:i' ;-r, ~At) 8 S.F.
M {A_,,lhnJ1 /_,,~Al t..,J' 8'7 S.F.
N #~u,/Jr-~ /j_/,I t.t.S 172. S.F.
0 ../), ·--_, ..,,... •..rA ,-.,~t-A , 7'Q'9~ ;(/;/1,tllV~ ~} -r-9-S.F.
p Al€'U/ ~ cC'K 253 S.F.
Q A.1€(/4./ /J//Tlt? ourr1~r: oF ~,:rK 29 S.F.
R S.F.
s '. S.F.
T S.F.
u S.F.
V S.F.
w S.F.
X S.F.
y S.F.
z S.F.
(1) Total Proposed Hardcover 570/ S.F.
. Excludable Ha~cover:
I< ,torv QA/ /--A.iA/C /037 S.F.
/V l!Jt?u"' IJ F'll. t.,v,,U. t..J' 172.. S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover /l.o'} S.F.
(3) Net Proposed Hardcover [Subtract line (2} from line (1}] '-/o/ 9 2 S.F.
(4) Total Lot Area IS1388 S.F.
Proposed Hardcover Percentage [ (3) + (4)] z ? .. I'} %
MAI N LE V EL PLAN "BEFORE "
SCALE, 1/4" = 1'-0"
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DECK ABOVE
I PATIO 4 STAIR FOOTf'RJNT
l 282.83 •q"
'
LOWE R LE V EL PLA N "BEFORE"
SCALE, 1/4" = 1'-0 "
M A IN LE V EL PLA N "AFTER"
SCALE , 1/4" = 1'-0'
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23 JULY 2012
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I. SITE PLAN it EXTERIOR VIEWS
2. PLANS, ELEVATION it SECTION
'NOTE: ALL II" X 17'' COPIES ARE REDUCED 50% (HALF SCALE).
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DECK SQUARE FOOTAGE:
BEFORE DECK< STAIR
AFTER DECK 4 STAIR
253.40 s.f.
253.04 5.f.
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FOOT AGE 15 NOT LARGER THAN THE EXISTING
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RECONSTRUCTION ONLY.
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23 JULY 2012
20 SEPT 2012
I
Date Application Received: 10/16/12
Date Application Considered as Complete: 10/16/12
60-Day Review Period Expires: 12/15/12
To:
From:
Date:
Subject:
Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planning & Zoning Coordinator ~
14 November 2012
#12-3581, Michael & Sharon Baskfield, 2755 Casco Point Road
• Hardcover & Structural Coverage Variance
• Public Hearing
Zoning District: LR-1C Single Family Lakeshore Residential, 0.5 acres/100'
Lot Area: 15,338 square feet (0.35 acre)
Lot Width: 79'@ OHWL & 65'@ 75' setback
Council
Exhibit E
Application Summary: The applicants are requesting a hardcover variance to allow the re
construction and reconfiguration of a lakeside deck. With concurrent proposed deck hardcover
removals, the hardcover is proposed to increase slightly from 28% to 28.3% using the total lot
area of the Tier 1 property. Structural coverage is also proposed to increase slightly from
18.8% to 19.1%.
Staff Recommendation: Staff recommends denial of the variances to increase the hardcover
and structural coverage levels.
Pertinent Zoning Ordinance Sections
78-1683. Standard Hardcover Inclusions.
78-1684. Standard Hardcover Exclusions.
78-1685. Massing Standards.
78-1700. Specific Tier Regulations.
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Exhibit L.
Exhibit M.
Exhibit N.
Application
Practical Difficulties Form
Description of Request
Proposed Plans
Proposed Survey
Aerial Photos
Hardcover Calculation Worksheets (old format)
Hardcover Calculation Worksheet (new format -by Staff)
Hardcover Ordinance/City Code Sections
Resolution No. 2661
1989 Survey -Proposed Home
Ordinance No. 72, 2nd Series
Area Map
Property Owners List
Background
12-3581
14 November 2012
Page 2 of 4
The applicants are requesting hardcover and structural coverage variances in order to reconstruct
the existing lakeside deck. Because the property currently has 28% hardcover, exceeding the
allowed level of 25%, and because the proposal will not achieve the allowed level of 25% nor
conform to the 15% structural coverage limit, variances are required.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lC Required Actual
Lot Area 0.5 acre 15,338 square feet (0.35 acre)
Lot Width 100 feet 79' @ OHWL & 65' @ 75' setback
Setbacks:
LR-lC Required Existing Proposed
Lake 75' 88' Deck 86' Deck
Rear/Street 30' 57.6' House No Change
North Side 10' 12' Deck 11' Deck
South Side 10' 24' Deck 27' Deck
No The house and deck are currently and proposed to remain Average Lakeshore encroachment located behind the average lakeshore setback line. allowed
Structural Coverage:
Lot Area Allowed 1989 Approval Existing Proposed
15,338 s.f. 2,300 s.f. 2,750 s.f. 2,890 s.f. 2,935 s.f.
15% 17.9% 18.8% 19.1%
Hardcover Calculations:
Storm water
Property Allowed Existing Proposed
Quality Overlay
District Area Hardcover Hardcover Hardcover
Tier 1 15,338 s.f. 3,834.5 s.f. (25%) 4,298 s.f. (28%) 4,343 s.f. (28.3%)
Hardcover & Structural Coverage Variances
The hardcover worksheets submitted are the old format. Staff has adjusted the numbers to account
for the exclusion of fabric-lined landscape beds, retaining walls (out of the 75' setback) and 100
square feet of deck or patio. At 4,298 square feet or 28%, the property currently exceeds the
allowed hardcover level by 3%. Further, the applicants' proposal appears to result in 0.3% increase
in hardcover and structural coverage. Staff understands the applicants' intent was to balance the
existing with the proposed hardcover/structure. However we have not received a revised plan and
the proposed levels still exceed the code-allowed hardcover level of 25% (by 498 s.f.) and structural
coverage level of 15% (2,300 square feet); and the proposal also exceeds the existing levels of 28%
hardcover and 18.8% structural coverage by 45 s.f ..
12-3581
14 November 2012
Page 3 of 4
A 75' to 250' zone hardcover variance was granted in 1989 in order to allow construction of a new
home, deck, driveway and sidewalk. 34.26% or 3,580 square feet of hardcover was approved where
25% is normally allowed. To compare this with the new method of calculation the allowed total
hardcover was 3,833 square feet of the total (including the shed). At the time the variances were
granted (July 1989) there was no lot coverage standard in place. In August 1989 the City adopted
Ordinance No. 72, 2nd Series that limited lot coverage to 15%. It appears that compared to the site
plan that was approved in 1989 today there is an additional 140 square feet of structural coverage.
Using the current method of calculating hardcover (use of the entire lot area, retaining walls &
fabric aren't counted, etc) the current hardcover level on the property exceeds the 1989 approval by
465 square feet; the 1989 structural coverage level was 2,750 square feet or 17.9% (including the
boathouse and deck). There were no additional variances granted to allow additional hardcover or
structure. After reviewing the 1989 survey for the proposed home it appears the house was
constructed generally according to the approved plan if only slightly larger. The driveway as shown
on the 1989 survey generally appears to follow the same shape and size as what currently exists but
exceeds the 1989 level allowed for the driveway and sidewalk by 109 square feet. The additional
hardcover on the property today which was not part of the plan in 1989 appears to be the
stairs/stepping stones along the north side of the home, a paver patio, a slightly larger deck, a little
straightening in the driveway and a deck on the boathouse.
Practical Difficulties Statement
Applicants have completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the proposed
variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding
area. The Planning Commission shall consider recommending approval for variances from the literal
provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties
because of circumstances unique to the individual property under consideration, and shall recommend
approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
Orono Zoning Code.
Staff Review of Practical Difficulties
The existing house was built in 1989 with variances for hardcover which, based on the submitted
hardcover calculations, have been exceeded. Staff is supportive of a variance for reconstruction of
the existing deck provided there is no net structural or hardcover gain; at a minimum 45 square feet
of area should be taken out of the proposed deck.
Issues for Consideration
1. Does the Planning Commission find that that the owners propose to use the subject
property in a reasonable manner which is not permitted by an official control?
2. How does the Planning Commission find that the variances, if granted, will affect the
essential character of the neighborhood?
3. The stairs, stepping stones, driveway and patio additions may have increased the
usability of the property but exceed the approved hardcover level. Should the
12-3581
14 November 2012
Page 4 of 4
applicant be required to remove enough square footage to conform to the 1989 level?
Should the planning commission require any hardcover removals?
4. If the Commission recommends approval of the requested variances is it appropriate to
impose conditions in order to mitigate the impacts created by the granting of the
requested structural coverage and hardcover variances? If the variances are approved,
should the hardcover which exceeds the 1989 approvals be mitigated for?
5. Are the structural and hardcover levels supported by practical difficulties? Is there
room to reduce other areas on the property without reducing functionality or creating
additional practical difficulties?
6. Are there any other issues or concerns with this application?
Staff Recommendation
Staff does not find a practical difficulty supporting the requested increase in structural coverage or
hardcover. Staff recommends approval of variances according to the following:
1. The applicants should redesign their plan to conform to either the current levels (reduce
proposed deck by 45 square feet}; or
2. The applicants should redesign their plan to conform to the previously approved hardcover
level (1989 variance}; or
3. The planning commission should grant a hardcover variance at a level between 1 & 2 above
as deemed appropriate.
Finally, staff recommends that the further structural coverage increase proposed should not be
allowed.
PC Exhibit A
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
11 _ .::i_0c:::..7/
Application # v J;,__ 0
Date Received: lb -[ (.o -I Z-
Staff : U,'\t\ ---------Fee: $700 V""'
Renewal: $350 --'--------
After-the-fact: $1,400 ble Fee
Escrow Fee: $700 2,500
This application form must be completed in full. Applicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
P~OPERTY INFORMATION: ;1~ () 7) (
Site Address: _· _"---'-fJ1~Ii2_.__._...'----_.,_L'-'--'-t6...L..-'('--,-O___,_[:_'../_. ·-,,-~ -12/_t-=·· ·-------==-------
Property Identification Number (PIN): c;;?0-1 /7-~3 ~ 0 3, -oa:::J7
Date Property Acquired (month/year): D Yes, I own the adjacent parcels. ---
Zoning District:
APPLICANT INF
OWNER INFORMAT
I
Name: ----'-'-11
,'_._;........i-"'V::'~~......-::-.....--~~.L-:!l,-"----t-,<-.,:-=_;_------,.......,....-~-;;pt---.-,r;.rl-~-----
Phone (home):
Complete Address:
City, Sta\Eg & fl,P
Email: /V\.,¢\t-Ci \
DESCRIPTION OF REQUEST:
ax:
Describe the request in detail (attach additional sheets if necessary):
f1 ' I I I
Variance Application Updated: January 31, 2012
-13 -
',
i
, RECEIVED
OCT 1 6 lOIZ
CITY Of ORONO
5-81
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
APPLICANT AND/OR OWNER:
• Agree to provide all information required or requested by the Planning Department,
• Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses
incurred in review of this application, and ·
• Certify that the infor.mation supplied is true and correct tp the best of his/her knowledge. The.applicant and
owner recognize that they' are solely responsible for submitting a· complete. application being aware
that upon failure to do so, the staff has nq :alternative but to .reject i~ u.i:itil it is complete or to
recommend the request for denial of the. request regardle~s qf its p.otential merit.
' ' '
• Acknowledge the Escrow Agreement is completed and signed: ·; ·· , '. • ·.. ••
• The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto
the property by City Staff, consultants, agents, Commission and Council Members for purposes of
investigation and verification of this request. . ..
~ , , ~ \ ':~JJ•',•,_~ ~,.,]~'\:·• ; ... -u'' I
• Applicant an'd1or Owner.a~knowledge they must be, prese.nt.a,~ all sch1=1~~led ,review meetings of the
Planning Commission and Council. If an applicant and/or-owner is .uriab1e to aJte,r'id a scheduled meeting,
• "' ·" . , I --»; .. ~~ ~
please make arrangements to have an authorjiep represer:itative attend in pl~ce of the applicant/owner and
advise the City Planner assigned r pro·ect. • · · · / '·, ·.
Applicant's Signature: Date: \ \J•·\~· \ (_
Applicant's Signature:
Owner's $ignature: Date:
Owner's Signature:
Variance Application Updated: January 31, 2012
-14 -
Recaveo
OCT 16 2012
581
PC Exhibit B
PRACTICAL DIFFICULTIES DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application will not be considered
complete or placed on any meeting agendas until this form is complete and submitted to the City.
Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in
order for a variance to be granted. The difficulties must be unique to the property as variances run with the land
and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order
for an application to be heard by the Planning Commission and City Council practical difficulties having merit must
be demonstrated.
HOW DO I PROVE A PRACTICAL DIFFICULTY?
This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the
variance will affect the surrounding community. To prove practical difficulties, address all the relevant points
listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the variance is justified.
The information the City receives is what is used in determining a denial or approval recommendation. If you
leave something out it will not be considered.
Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the
space provided:
1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning
Chapter."
~ve,
4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists
under the terms of the Zoning Chapter.:r-(
-I::" J ~"I
5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construe ·on as defined in Minnesota Statutes,
Section 116J.06, Subd. 2, when in harmony with this Chapter."
6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not
allowed under this Chapter for property inlthe zone where the affected person's land is located.'
N.#r
Variance Application Updated: January 31, 2012
RECEIVED
OCT 16 20L
-1ffll'Y Of ORONO 81
7. 'The Board or Council m y permit as a variance the temporary use of a one-family dwelling as a two-family
dwelling."
8. "The special conditions applying to t e structure or land in question are peculiar to such property or
immediately adjoining property."
9. "The conditions do not apply generally to other land or structures in the district in which said land is located."
p{A=
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right
of the applicant." &Clvet1i,l u ~ hltAtt-e
11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any
other respect be contrary to the intent of the Zoning Code.",11 L
IVOr_ (It\ ClviJ ""'1
Practical Difficulties Statement
Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical
difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional
sheets if necessary):
Variance.Application Updated: January 31, 2012
RECEIVED
OCT 1 6 2012
~~f( OF ORONO
581
PC Exhibit C
City of Orono
Variance Description of Request
We would like to request a variance for lot coverage.
When we purchased the home we where not informed that we are currently out of compliance with the lot coverage
requirements of the City of Orono. We became aware of this fact when we decided to remodel the interior of our house.
During this process we decided to reduce the size of our deck to make it less visible from the lake. In doing so we where
informed we are over the lot coverage requirements. What we where told is that we can repair any of the rotten deck
boards and railing system, but we can not change the current configuration in any way.
What we are asking is a variance to decrease the size of the deck, and try to get closer to the required city lot coverage.
Thank you.
RECEIVED
OCT 1 6 2012
CITY OF ORONO
581
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DRAWING INDEX
I. SITE PLAN it-EXTERIOR VIEWS
2. PLANS, ELEVATION it-SECTION
'NOTE: A LL 11" X 17'' COPI ES ARE REDUCED 50% (HALF SCALE ).
DECK SQ UARE FOOTAG E:
BEFORE DECK 4 STAIR
AFTER DECK 4 STAIR
253.40 s.f.
253.04 s.f.
REFLACEMENT DECK• STAIR SQUARE
FOOTAGE 15 NOT LARGER THAN THE EXISTING
DECK SQUARE FOOTAGE.
PATIO SQUARE FOOTAG E:
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BEFORE FATIO 4 STAIR
AFTER PATIO 4 STAIR
282.83 s.f.
282.45 s.f.
REPLACEMENT PATIO • STAIR SQUARE
FOOTAGE 15 NOT LARGER THAN THE EXISTING
PATIO SQUARE FOOTAGE.
HOUSE REMODELING UNDER PREVIOUS
FERM IT, TH IS PERM IT SET FOR DECK
RECONSTRUCTION ONLY.
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Unenclosed floor and roof opening , open and glazed sides of landings and
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wade or floor bef0w, reqL:ire a gu3rd vv ith a minimum 36" heigt1t.
Open guardrails/A ~ ave;'" ';:ffnedi~te rails or an ornamental
pattern so thit a s e 4' aianiet~r cannot pass through._.
..... ______________ ,,,
LO WER LEVEL FLAN 11 AFTER11
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REVIEWED for CODE cJ!Jl't{JNGJJP
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SCALE IN FEET
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SETBACK--. .. ,.._!
LINE ,
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HOUSE
#2765
EXISTING
HOUSE
#2745
LOT 6
EXISTING
HOUSE
#2755
LEGAL ['ESCRIPTION OF PREMISES :
Lot 7, A 11ditots Subdivision No. 265
o : dt:notes iron marker
Beariogs shown are based upon an assumed datum .
This sur.•~y shows the boundaries of the above described property,
the Jocati;,n of an existing house and shed, and the location of all
visible •~mdcover" thereon, and the proposed location of a proposed
patio anlj deck. It does not purport to show any other improvements
or encro11chments.
PC Exhibit E
CERTIFICATE OF SURVEY FOR
M"ICHAEL G. BASKFIELD
EXISTING
OF LOT 7, AUDITOR'S SUBDIVISION NO. 265
HENNEPIN COUNTY, MINNESOTA
GARAGE
RECEIVED
AUG 1 7 2012
CITY OF ORONO
BLACKTOP DRIVEWAY
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Wtb I M Al>t :ll VIUt:Ul> MAl':ll MUKI:.
2755 Casco Po int Rd , Wayzata , MN 55391 I .P
Bird's eye Traffic IZ] Fullscreen E
Address:
HARDCOVER CALCULATION WORKSHEET
SETBACK.ZONE: (CIRCLE ONE}
EXISTING HARDCOVER IN ZONE
A. House
_0-75'
X
Length ,
S·kps --Nor#. :s1de>-
B. Garage
C. Driveway 11+-pr&111
D. Sidewalk
E. Patio/Deck
F. L~cape
U derlain
B lastic
{./t':..(.:,1.t.'. .. r JTG' # ,[
?'A·,JG t.e. °PAnti
A/t P..;_A..;_D_. __ _
72 0 c1c./ FA-0(2.:.f C-
Ca"-'C-.,_71.:..;;1'1D::;.._ ___ _
G. Retaining Walls wooo w11t..1..s
6,ou/...Dt:9"<:.
H. Other w_1,_1-_1--"5 ___ _
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A . 54-~.3
x
X
X
X
X
X
X
X
X
X
X
X
X
+ B
§5iv'i50.500·
=
Width
=
=
=
=
=
=
=
=
=
=
=
=
=
=
92.55 X 100 =
PC Exhibit G
500-1000'
S.F.
5b S.F.
s.F.
S.F,
S.F.
S.F.
S.F.
S.F.
Z-4--7 S.F.
S.F.
5 S.F.
S.F.
S.F.
87 S.F.
172 S.F.
S.F. A
S.F. B
%
PROPOSED HARDCOVER IN'ZONE (including existing hardcover to be retained) t,,)-/,4AJG€-5,.
A. House ______ x ______ =
Length
B. Garage
C. Driveway
D. Sidewalk
E.
s LI P.,T/2..l~·G. T
Patio/Deck
";DD 'Pit-TIO .. DGCI'-
F. Landscape s. I) e;rp, .... c, r: R.oC,.t, Lcl±BR-IL J Underlain
By Plastic
G. Retaining Walls
H. Other
R~~l~~COVER IN ZONE
TOT A~ ,PR.OPERTY AREA IN ZONE
AUG 1 t L,J A E403
CtTY OF ORONO
Width
X =
X =
X =
X =
X =
X =
X =
X Z47 f-2.8 =
X =
X =
X =
X =
X =
_x =
+ B _ _:.9_,,2::...:5=-=:5::.___ X 100 =
-21 -
S.F.
S.F.
S,F.
S.F.
S.F.
S.F.
S.F.
S.F.
2.75 S.F. ± 2.qz. S.F.
17 S.F.
S.F.
S.F.
S.F.
______ S.F.
_....::....--=--=-=--S.F. A
_....,,;..,;.....,,:~ __ S.F. B
Address:
Prepared by: 6R .. t,:,vJB/:!;;;A'l~6 if AS:$('X.!..li+7c5:$1 I NC ..
HARDCOVER CALCULATION WORKSHEET
SETBACK.ZONE: (CIRCLE ONE}
EXISTING HARDCOVER IN ZONE
A. House
8. Garage
C. Driveway
E~Deck
F. Landscape
Underlain
By Plastic
G. Retaining Walls
H. Other
Length
TOTAL HARDCOVER 1,N ZONE
TOTAL PROPERTY AREA IN ZONE
A e,.q/
.,, ... ,~
( . 0-7~ 75-250' 250-500'
~ .. ,~-,.,.~ ... •-·-'
X =
Width
X =
X =
X =
X =
X =
X =
X =
X =
X =
X =
X =
X =
X =
X =
+ B _'"'""l,O,_t9""'3'---_x100 =
PROPOSED HARDCOVER IN.ZONE (including existing hardcover to be retained)
A. House X =
Length Width
X =
X =
B. Garage X =
C. Driveway X =
X =
D. Sidewalk X =
X =
E. Patio/Deck X =
X =
F. Landscape X =
Underlain X =
By Plastic X =
G. Retaining Walls X =
REC~WED X =
ND e,HltNc:f 6S TOTAL HARDCOVER IN ZONE
AUG91f'~(ftf20PE~TY AREA IN ZONE
+ B X 100 =
CITY OF ORONO
-21 -
500-1000'
_____ S.F.
_. ___ e __ !fS_4=2 __ S.F.
_____ s.~.
_____ S.F,
_____ S.F.
S.F. -----
__ _,7 ___ S.F.
_____ S.F.
__ 3_/ __ S.F.
_____ S.F.
_____ S.F.
_____ S.F.
_____ S.F.
S.F. -----
S.F.
29/ S.F.
6053 S.F.
lb22? %
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
A
B
S.F.
S.F.
%
58 1
A
B
PC ExhibitH
City of Orono
Hardcover Calculation Worksheet
Property Address ____ -'-C"'-a_, t ___ ,()----'-P--'-+·,_{2_-_J-______ _
Prepared by _____________ Date ___ _
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
1. EXISTING HARDCOVER
In the following table, identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Example) (Garaae) (24' X 30') (720 S.F.)
A H11u,;.~ 1-?C, f) S.F.
B de e,,c ~ sie p; 247 S.F.
C c,hetl 2,c;;--3 S.F.
D d v1 ve w~"I <;:I a10 rovi I ~q S.F.
E ~"1dt~Jt:t If:::-' I 'i? '"-I S.F.
F l?a+-i o -V2 S.F.
G ',A--(.,, iJ aeri 6 S.F.
H U>VI l-,W fc, j'./A .. ol g S.F.
I 1/VOO ?1 V\J a I IS g, S.F.
J (::;:ot, I AC v;d 1; /72., S.F.
K iJ1dtO t?r tt.: cs~vcl) -, S.F.
L 1cledc (~"' f1t':c{) '? l S.F.
M ;4€' ,::>t; ( Nov -rvi /-nil u; 5{;;,, S.F.
N ' S.F.
0 S.F.
p S.F.
Q S.F.
R S.F.
s S.F.
T S.F.
u S.F.
V S.F.
(1) Total Existing Hardcover I l./0G7 S.F.
Excludable Hardcover:
17 trosi:-: o+ dcclL-!00 S.F.
( V\IDOti I.IV ll llS CJ1 S.F.
i hrl5ult~~t,· vv~ l i<) 112-S.F.
S.F.
S.F.
(2) Total Excludable Hardcover ?51 S.F.
(3) Net Existing Hardcover [Subtract line (2) from line (1 )] l-/-7-q~ S.F.
(4) Total Lot Area I 1033,eg S.F. I
Existing Hardcover Percentage [ (3) + (4) ] I 1-<t %1
2. Proposed Hardcover (Over-)
2. PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by
letter to Certificate of Survey (survey must accompany this form). Include all existing
hardcover items that are intended to remain, as well as all proposed hardcover items that
will be added. Use as many lines as necessary to accurately depict proposed hardcover
status of the property.
Key to Hardcover Item (Describe) Length x Width Total
Survey (Square Feet)
(Example) (GaraQe) (24' X 30') (720 S.F.)
A Hou~ z ,qo S.F.
B o1et¥-'ii sktCJS -fVEW 'ZPl2-S.F.
C '91t1etit -v:;3 S.F.
D dv1vtLUCt1/1 st ttl?Y ~II 11 gc, S.F.
E t; i c-1 evutt I~ I I tJ S.F.
F 1Jttfn:, ZiC S.F.
G )'+:~ vt< 11 cS S.F.
H Ulr, J;yt' ,~ /J a,{ 'if' S.F.
I VvVoA w,a It~ P,·7 S.F.
J l&ou Lde,r w,i IIS. / 7 2--S.F.
K J?,a tio k-'Jr ( a C,;;1,v d) f S.F.
L dec./e. (~I. , td) ~I S.F.
M ?;,-l-e,!,.75 f I vt1' ;1-/1,,,:; ! t' (' \ '5b S.F.
N I S.F.
0 S.F.
p S.F.
Q S.F.
R S.F.
s S.F.
T S.F.
u S.F.
V S.F.
w S.F.
X S.F.
y S.F.
z S.F.
(1) Total Proposed Hardcover 41 01,; S.F.
Excludable Hardcover:
I?; I. 00 bf Ae{t. (OD S.F.
I I\Jl)/)/,)1 VvA I ( S 37 S.F.
J ~ lNA ld &-Y \Iv ,I( ti~ I 7Z-S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)] S.
(4) Total Lot Area S.F.
Proposed Hardcover Percentage [ (3) + (4)] z__g_ %
Sec. 78-1683. Standard Hardcover Inclusions.
The following hardcover items shall be included in proposed hardcover calculations
regardless of whether the noted features are proposed to be constructed at the time of a
building permit application:
(1) Proof of a two-car garage (detached or attached):
(2) A driveway for all garages, a minimum of twelve (12) feet in width, subject to
the standards in Section 78-1681:
(3) A 24-inch wide sidewalk connecting the front door to the driveway:
( 4) The minimum stairway or landing at all exterior doors as required by the
building code: and
(5) Existing hardcover which encroaches (legally or illegally) onto an adjacent
parcel or parcels.
a. In such cases of encroachment, the square footage of all encroaching
hardcover shall be added to the overall hardcover on the subject lot:
b. No credit shall be given towards the overall lot size of the subject lot.
Sec. 78-1684. Standard Hardcover Exclusions.
Landscaping with permeable lining shall not be considered hardcover. Additionally.
the following hardcover items shall be excluded from hardcover calculations:
(1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended
for the public's benefit:
(2) Hardcover encroachments created by improvements on adjacent property not
owned by the subject landowner:
a. In such cases of encroachment, the square footage of all encroaching
hardcover shall not be added to the overall hardcover counting against the
subject lot:
b. The land area upon which the encroachment rests shall count towards the
overall lot area for the subject lot.
(3) Retaining walls:
( 4) Handicapped ramps with a pervious surface below: and
(5) The first 100 square feet of pervious paver patios/walkways or the first 100
square feet of deck with a minimum ¼ inch spacing between boards and a
pervious surface below the decking.
PC Exhibit I
Sec. 78-1685. Massing Standards.
(1) Non-Industrial Zoning Districts
Except for parcels zoned Industrial, all lots in the Stormwater Quality Overlay
District that have a gross acreage of less than two (2.0) acres shall comply with
the following massing standards for structures.
a. Maximum Total Footprints Allowed
1. On lots equal to or greater than 10.000 square feet in area, the total
combined footprints of all principal and accessory structures shall not
exceed 15 percent of the gross lot area.
2. On lots of less than 10.000 square feet in area. the total combined
footprints of all principal and accessory structures shall not exceed 1,500
square feet.
b. Calculation of Massing
The following shall be included in the calculation of the total combined
footprints by structures:
1. All roofed structures more than six feet above grade level.
2. Tennis courts, patios. decks, and all similar open structures when
partially or fully enclosed by fences. railings or walls which extend more
than six feet above grade level (if any portion of such structures extends
more than six feet above grade level, the entire structure shall count
toward lot coverage).
(2) Industrial Zoning District
For parcels zoned Industrial, the following massing standards for structures
shall apply.
a. On lots equal to or less than three (3) acres in area. the total combined
footprints of all principal and accessory structures shall not exceed 3 5
percent of the gross lot area.
b. On lots greater than three (3) acres in area. the total combined footprints of
all principal and accessory structures shall not exceed 45 percent of the
gross lot area: except that when the total building floor area on a site is
contained within a single building. and when the total area used for loading
terminals, docks and berths is completely enclosed within the same single
building. a lot coverage of not more than 60 percent of the gross lot area will
be permitted.
Sec. 78-1700. Specific Tier Regulations.
Per the official Stormwater Quality Overlay District Map, each property in the
stormwater quality protection overlay district is assigned to a protection tier based on its
relative distance to receiving waters. This protection tier dictates the specific protection
measures that must be implemented.
( 1) Tier 1 Parcels
Hardcover shall not exceed twenty-five (25) percent of the gross lot area.
(2) Tier 2 Parcels
Hardcover shall not exceed thirty (30) percent of the gross lot area.
(3) Tier 3 Parcels
Hardcover shall not exceed thirty-five (35) percent of the gross lot area.
( 4) Tier 4 Parcels
Hardcover shall not exceed fifty (50) percent of the gross lot area.
(5) Tier 5 Parcels
Hardcover shall not exceed eighty-five (85) percent of the gross lot area.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661
A RESOLUTION GRANTING
VARIANCES TO
..
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.25, SUBDIVISION 6 (B)
FILE 11422
PC Exhibit J
WHEREAS, David S.
applicant") is the owner of the
Point Road within the City of
legally described as follows:
Breitner (hereinafter "the
property located at 2755 Casco
Orono (hereinafter "City") and
Lot 7, Auditor's Subdivision No. 265, Hennepin County,
Minnesota (hereinafter "the property")i and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivision 2
and Section 10.25, Subdivision 6 (B) to permit the construction
of a single family residence on a lot of 0.37 acre where 0.50
acre in area is normally required, and of lot width 60' where
100' in width is normally required, and comprising 34.26%
hardcover in the 75-250' lakeshore setback zone where only 25%
hardcover is normally al lowed.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1422.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on June 19, 1989, and recommended approval of the proposed
variances based upon the following findings:
.s
A) Applicant will be removing an existing sidewalk in
the 0-75' zone, resulting in a decrease in hardcover in
that zone.
B) The existing non-conforming detached garage will be
removed, benefitting the neighborhood.
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661
C) The house location is appropriate given the
location of neighboring residences in relation to the
lakeshore, hence the excess hardcover associated with
the longer driveway is also appropriate.
D) The proposed new residence will remove a
neighborhood eyesore, i.e. an old summer cabin which
has not been used as a full-time residence for at least
10 years.
E) Additional hardships include the fact that no
additional land is available, and that construction of
a residence nearer the road in order to meet hardcover
standards would not allow applicant to enjoy lake views
afforded to adjacent properties.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
safety and welfare of the community.
5. The City Counci 1 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 applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.22, Subdivision 2 and Section 10.25,
Subdivision 6 (B) to permit the constructioR of a residence on a
lot of 0.37 acres in area where 0.50 acres is normally required,
and of lot width 60' where 100' in lot width is normally
required, and comprising 34.26% hardcover in the 75-250' setback
zone where only 25% hardcover is normally allowed, subject to the
following conditions:
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_6_6_1 ___ _
1. The existing garage and residence, inc 1 uding a 11
existing sidewalks, shall be removed prior to commencement
of construction of the new residence.
2. The applicant shal 1 provide a grading plan to be
reviewed and approved by the City Engineer prior to issuance
of a building permit.
3. The existing boat house, which comprises 250 square feet
or 4.5% hardcover in the 0-75' zone, is allowed to remain
subject to the pertinent zoning code requirements governing
such non-conforming structures near the lakeshore.
4. Hardcover in the 0-75' zone shall not exceed 250 square
feet or 4.5%. Hardcover in the 75-250' zone shall not
exceed 3,580 square feet or 34.26%, as follows:
House
Deck
Driveway & Entry Sidewalk
TOTAL
2,150 s.f.
350 s.f.
1,080 s.f.
3,580 s.f. (34.26%)
5. Authorities granted by this resolution run with the
property not with the applicant, 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 (June 26, 1990).
6. 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.
7. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661
...
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 10th day of July,
1989
ATTE T:
et,R. Grabek, ~ayor
~t~
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 10th day of July, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
My Cornmissio pires
Page 4 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2661
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this --------...,.......,---,-.-day of \ kJ~ , 1981
before me Publ"c within an~oi_said county, personally
appeared 't-~ 1 e__ known to me to be
the person(s) descri ed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
MY CO
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this-----,,--,---,-..,.....,~ day of---,-~-------' 198, 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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 5 of 5
Certificate of Survey
for David S. Breitner
of Lot 7, Auditor's Subdivision No.
·········-··---··-------·---------
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ORDINANCE #72, SECOND SERIES
AN ORDINANCE AMENDING THE ORONO
MUNICIPAL CODE BY REGULATING
THE LOCATION, AREA, AND HEIGHT OF LARGE
ACCESSORY STRUCTURES
The City Council of Orono ordains as follows:
SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby
amended by repealing Section 10.03, Subdivision 9 (C} and adding
a new Section 10.03, Subdivision 9 (C} to read as follows:
C. Area Restrictions. In all "R" districts no accessory
building shall exceed 1,000 square feet of footprint area
except that accessory structures in excess of 1,000 square
feet will be allowed under the following conditions:
1. Not more than one Oversized Accessory Structure
(OAS} shall be permitted on any property. An
"Oversized Accessory Structure" is defined as an
accessory structure of footprint area in excess of
1,000 square feet, except that the following non-roofed
accessory structures which exceed 1,000 s.f. footprint
area are not considered as "Oversize Accessory
Structures";-but are subject to the special setback
restrictions of Section 10.03, Subdivision 14 (D}:
-Tennis courts
-Pools, when pool basin structure (excluding non-
encroachment-type patios} is greater than
1,000 s.f.
-Paddocks or arenas
2. Oversized Accessory Structures are regulated by the
following table:
Maximum Allowed
Maximum Individual Total of All Accessory
Accessory Structure Structure Footprint Areas*
Lot Area FootErint Area on a ProEerty
0-1.99 acre 1,000 s.f. 2,000 s.f.
2.00-3.00 acre 1,200 s.f. 2,400 s.f.
3.01-3.50 acre 1,400 s.f. 2,800 s.f.
3.51-4.00 acre 1,600 s.f. 3,200 s.f.
4.01-4.50 acre 1,800 s.f. 3,600 s.f.
4.51-5.00 acre 2,000 s.f. 4,000 s.f.
5.01-6.00 acre 2,200 s.f. 4,400 s.f.
6.01-7.00 acre 2,400 s.f. 4,800 s.f.
7.01-8.00 acre 2,600 s.f. 5,200 s.f.
8.01-9.00 acre 2,800 s.f. 5,600 s.f.
9.01 acre or more 3,000 s.f. 6,000 s.f.
* Excluding non-roofed tennis courts, pools, paddocks,
arenas.
Page 1 of 4
PC Exhibit L
3. Any Oversize Accessory Structure shall be subject
to the following conditions:
a) No such accessory structure shal 1 be located
within a required yard area (principal structure
setbacks must be met). Further, no such structure
shall be nearer the front lot line than the front
line of the principal residence on the property,
and no such accessory structure shall be located
less than 30' from the side or rear lot line
regardless whether less strict principal structure
setbacks apply.
b} The maximum height for such accessory
structure shall be 30' or the defined height of
the principal residence structure on the property,
whichever is less.
c) Such structure shall be allowed only when the
property owner agrees and covenants in writing
with the City as follows:
i. No future subdivision will be approved
that places the structure within a lot that
has no principal structure, except that the
City in its subdivision approval may grant a
finite time period in which the oversized
accessory structure may remain without a
principal structure, in order that a
principal structure may be constructed. At
the end of this time period the oversized
accessory structure must be removed if no
principal structure has been constructed.
11. If the property is subdivided, the
oversize accessory structure and principal
structure will be located together within a
lot that meets the minimum lot area require
ment f or the given s i z.e of a cc e s so r Y
building.
iii. In subdivision approval, the setback
required for the oversize accessory structure
as defined herein shall remain.
Such covenant shall be binding on current and
future property owners and shal 1 be filed in the
chain of title of the property.
SECTION 2. Chapter 10 of the Municipal Code of Orono is further
amended by revising Section 10.03, Subdivision 9 (B) as follows:
Page 2 of 4
B. Height Restrictions. No accessory building in the "R"
District shall exceed the height of the principal building,
exee~~ bar~s er s~ab¼es Wflieh sha¼¼ be sttb~ee~ ~o ~he
a~~re¥a¼ e£ ~he €ett~ei¼~ nor shall an accessory building
exceed 30 feet in height. -------
SECTION 3. Chapter 10 of the Municipa 1 Code of Orono is further
amended by adding Section 10.03, Subdivisions 14 (C} & (D} as
follows:
C. Lot Coverage. In all zoning districts, for all lots of
0-1.99 acre in total area, the total combined footprint
areas of a 11 principa 1 and accessory structures sha 11 not
exceed 15% of the lot area. The following shall be included
in calculation of lot coverage by structures:
1. All roofed structures which extend more than 6'
above grade level.
2. Tennis courts, pools, patios, decks and all similar
"open" structures when partially or fully enclosed by
fences, railings or walls which extend more than 6'
above grade level. (If any portion of such structures
extends more than 6' above grade level, the entire
structure shall count toward lot coverage.)
EXCEPTION. Regardless of lot area, every developed lot
shall be allowed at least 1,500 square feet of lot coverage
by principal residence and garage structures.
D. Tennis courts, pools, and paddocks or arenas, when such
accessory structures exceed 1,000 s.f. footprint area, shall
be subject to the following special setback restrictions:
Front -30' minimum and not within the required front
yard nor between the front lot line and the
principal structure on the property
Side -30' minimum and not within the required side
yard area
Rear -30' minimum and not within the required rear
yard area
SECTION 4. Chapter 10 of the Municipal Code of Orono is hereby
amended by adding Section 10.03, Subdivision 9 (E) as follows:
E. Setbacks. Accessory structures in excess of 750 square
feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any
lot line.
SECTION 5. Chapter 10 of the Municipal Code of Orono is hereby
amended by revising Section 10.20, Subdivision 3 (E} as follows:
Page 3 of 4
Subd. 3. Conditional Uses. Within any "R-lA" One
Family Residential District, no structure or land shall be used
for the following uses except by conditional use permit:
E. Greenhouses. Commercial greenhouses provided al 1
outside storage is fenced in such a manner so as to screen
the stored material from view when observed from the public
street or adjoining lot. Commercial greenhouse structures
shall not be located in~ required yard area, and~
subject further to the general zoning code requirements
pertaining to accessory structures.
SECTION 6. Chapter 10 of the Municipal Code of Orono is hereby
amended by revising Section 10.03, Subdivision 12 as follows:
Subd. 12. Crowding Principal Building. No accessory
building or structure, unless an integral part of the principal
building, shall be erected, altered, or moved within ten feet of
the principal building, nor within ten feet of another accessory
structure.
SECTION 7. Adoption and Publication. This ordinance shall be
effective upon publication, and shall be published in the Laker
and Pioneer newspapers the week of August 28, 1989.
Adopted by the City Council of Orono on this 14th day of August,
by a vote of 4 ayes and O nays.
Jam'es R.
\
Page 4 of 4
HENNEPIN COUNTY MAIL LABEL GENERATOR
H Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department
20-,,1-u-n
For more information contact:
Hennepin County GIS Division
300 South 6th Street
Minneapolis, MN 55487
gis.info@co.hennepin.mn . us
Map Comments:
2755 CASCO POINT RD
ORONO, MN 55391
Print Date: 9/20/2012
Map Scale: 1" = 120'
Buffer Size: 150 feet
Park
Parcel
Buffer Region
Selected Parcels
PC Exhibit M
Major Roads
Minor Roads
t i
w -Jk_ ~ ~r ,.
#3 581
http://hcgis/AgsMailingLabels/Printing.aspx?URL=25b61318-a075-4f1b-a921-5d3d429c7a35.png&Buffe ... 9/20/2012
RUN DATE: 9/20/2012 HENNEPIN l .-ITY PROPERTY INFORMATION SYSTEM (PROPERTY OV.. AS LIST) PC Exh ibit N
38 20-117-23 23 0005
T J & SA JUNGELS ETAL TRUST
27 15 CASCO POINT RD
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7 I 09 ANTRIM CT
EDINAMN 55439
38 20 -11 7-23 23 0009
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20 -11 7-23 23 0012
CM COLE &J PCOLE
2776 CASCO POINT RD
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATA MN 55391
38 20-11 7-23 23 0019
R&JPUTNAM
2765 CASCO POINT RD
RICHARD A PUTNAM
2765 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0006
S R PETERSON & KA PETERSON
2745 CASCO POINT RD
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 23 0010
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 00 17
J D HURD/J L ZEHRINGER-HURD
2795 CASCO POINT RD
JD HURD/J L ZEHRINGER-HURD
2795 CASCO POINT RD
WAYZATAMN 5539 1
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
AS IT AP~ARS THIS (ATE ON THE R.Ja'r ORDS OF THE HENNEP~Y TAXPAYER SERVICES DEPARTMENT.
DATE : /')0 \'). BY: I\/\_ C.._ ~
38 20-11 7-23 23 0007
M G BASKFIELD/S J BASKFlELD
2755 CASCO POINT RD
MICHAEL G BASKFIELD
SHARON J BASKFIELD
2755 CASCO POINT RD
WAYZATA MN 5539 1
38 20-1 17-23 23 0011
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 20-117-23 23 0018
REED L LARSON
2773 CASCO POINT RD
REED L LARSON
2773 CASCO POINT RD
WAYZATAMN 55391
#3 58 1
From: Richard Putnam [mailto:rp55391@qmail.com ]
Sent: Monday, November 19, 2012 9:00 AM
To: Christine Mattson
Subject: Re: 2755 Casco Point Road/ #12-3581
Christine,
Council
Exhibit F
1-J-c10 3
1~-£~2 I
Thank you for the opportunity to comment on the Baskfield application. We have reviewed the proposed plan
and discussed it with Mike Baskfield . We are unable to attend the meeting on the 19th so offer the following
comments.
Concerning the Practical Difficulties Analysis :
We believe this deck reconstruction is not in any way a danger or detriment to health, safety or the welfare of
the community or immediate neighbors , nor does the deck pose a danger to light, air, fire and traffic conditions.
The deck reconstruction will not in any way have a negative effect on surrounding property values. The deck
will be beneficial not only to Baskfield's home but to our property as well by improving the visual appearance
from the lake and neighboring properties by removal of the large existing stairway.
We ask the Orono Planning Commission to grant the requested variance to the strict enforcement of the zoning
code for the following reasons:
The hard cover requirements are intended to protect over-building of any lot and protect runoff from damaging
the water resources and adjacent properties. Baskfields' small addition in deck space does not adversely affect
these.
The city's reconstruction of Casco Point Road has effectively dealt with the street oriented runoff from ours and
Baskfields' lots . A new pond and storm sewer connection provide that the storm runoff from our lots sloping to
the street now is directed to a treatment pond system rather than into the lake as before. Drainage from both our
homes toward the lake benefits from about 8,000 square feet of flat lawn abutting the rip rapped lake shore.
The lawn area functions as an infiltration area into the sandy soils preventing rapid runoff into the lake.
Since the 1989 ordinance was adopted much has changed to improve water quality on our adjoining lots .
Drainage improvements on Casco Point Road , rip rapped shore lines , phosphorus free fertilizers and infiltration
areas to reduce runoff have all contributed to a better environment.
We disagree with the staffs recommendation that no increase in structural coverage should be allowed.
Baskfields' removal of the large existing stairs from the deck to the ground and replacing it with a spiral
stairway is a great idea. The deck is rebuilt to a more useful size and shape without adversely affecting other
properties .
As re sidents of Cas co Po int fo r nearly 40 years w e have also remodeled several t im es so a s to remain in the
neighborhood . We support the Baskfields ' v ari ance request and believe it is a sensible design to improv e their
property.
Thank you for this opportunity to comment on this matter.
Respectfully,
Dick and Jan Putnam
2765 Casco Point Road (next door neighbors to the south)
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 19, 2012
6:30 o'clock p.m.
n#U'.'.'.3573, He
of-:,tay. vprJt
@~~:,s:,;1~~~/:!.SHARON BAs~f,~~h•POINTROAD,
Michael Baskfield, Applicant; and Dan Murphy,Contra9tm:,were present. •) ·.
Council
Exhibit G
Curtis stated the applicants are requesting a llardcover val'iifuc1;1.t(? ~1~~ ]?.e reconstruction and
reconfiguration of a lakeside deck. With concurrent pfo~sed de9~•J1:~1cover removals, the hardcover is
proposed to increase slightly from 28 percentto 28.31p~cent usingthetotal lot area of the Tier 1
property. Structural coverage is also proposed to increase slightly from 18.8 percent to 19 .1 percent.
, .: ' ",>,',: · .. <, .. :>
Since the applicants utilized the 9ld hardcover worksheets;~t,ff'.:has adjusted the numbers to account for
the exclusion of fabric-lined lan<!l.seape beds, retaining walls, and 100 square feet of deck or patio. At
4,298 square feet, or 28 percent,thec,1:>.rdperty currently exceeds the allowed hardcover level by 3 percent.
In additio!¾ thttaPPli~ttnW proposaf appea~~ toresult in a O .3 percent increase in hardcover and structural
coverage. Staff :understand,s the applicants~ intentwas to balance the existing with the proposed
hardc~ye1;<:1Udsfructure. However, Staffhas•t;iqtr¢ceived a revised plan and the proposed levels still
exceed.Jh~code-allowed hard9~ver,ltwel of 25 percent by 498 square feet and the structural coverage
levelpf:l5 percent by 2,300 sqq~e:feet. The proposal also exceeds the existing levels of 28 percent
hardcqverand 118.8 percent stru¢tt:tralcoverage by 45 square feet.
.·" •,.' .,,.;
A 7 5.;2~~ff)ot~one hardcover variance was granted in 1989 in order to allow construction of a new home,
deck, drive\\/~~ .artd sidewalk. lJnder the new method of calculation, the allowed total hardcover was
3,833 square\fe1;1t ofthe total;including the shed. At the time the variances were granted, there was no lot
coverage standard i:n place> Ili,A,.ugust, 1989, the City Council adopted Ordinance No. 72, Second Series,
that limited lot coveragetoJ5percent. Compared to the site plan that was approved in 1989, there
appears to be an additionall40 square feet of structural coverage.
After reviewing the 1989 survey for the proposed home, it appears the house was constructed generally
according to the approved plan, if only slightly larger. The driveway as shown on the 1989 survey
generally appears to follow the same shape and size as what currently exists but exceeds the 1989 level
allowed for the driveway and sidewalk by 109 square feet. The additional hardcover on the property
today, which was not part of the plan in 1989, appears to be the stairs and stepping stones along the north
side of the home, a paver patio, a slightly larger deck, a little straightening in the driveway, and a deck on
the boathouse.
----------------Page 4
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 19, 2012
6:30 o'clock p.m.
Staff does not find a practical difficulty supporting the requested increase in structural coverage or
hardcover. Staff recommends approval of variances according to the following:
1. The applicants should redesign their plan to conform to either the current levels;
2. The applicants should redesign their plan to conform to Jlle pievfotjsly approved hardcover level;
or
,' ,/,,,'.'., ' .. ,
3. The Planning Commission should grant a hardcover varia#c~;;ta1e\lielbe~een Items 1 and 2
above as deemed appropriate. · · / ./
Staff recommends denial of the variance to increase strli◊~al:;~erage levels. St~f'(tl
1
~t;;6:ive of a
variance for reconstruction of the existing deck providedtfiefejs 11on~t;structural or hardcover gain. At a
minimum 45 square feet of area should be taken out of the ptoposeddet~;k.
,,,,.,,,,,,,
Thiesse asked if Staff is requesting approximately 50 squ.3,re feet of hardcovetbefemoved.
Curtis indicated that is correct. Curtis stated inJ1eflearlierdiscussions with the applicant, it was her
understanding that they would not be asking foran increase.
Schoenzeit noted the property is 635 squaref~e1:6vetithelimit.
Curtis stated Staff feels the hardcover and structuraltoverage s~~#:ld be reduced down to the allowable
limits.
Curtis noted the applicants' neighbordid e-mail Staff last week and had some comments about the
application. The, neigllbor did indicateheissupportive of the application as proposed.
Dan MllfP~Y'i;po11P,~ctor, statedpart of their ()Onfitsion was that there was a change in the way hardcover
was being calculated fromt~e time. they started ~e project to the time the application was ready to go
beforftlie Planning Commissiqn. · One of the surveys does show a smaller deck but it is not depicted on
tllestrullped surveyor's report/
N4:urphyindicated the main objective;o:f the project is to replace and reconfigure the deck at the same size.
Murphy in4icatedthey are not requesting any additional hardcover over what currently exists.
Thiesse asked howl-t1:fo.applica,nt is proposing to construct the deck.
Murphy stated the existing;d~k is larger than what they are proposing to construct. Murphy indicated
they went with the spitahf~ircase to keep the deck at the same size.
Murphy stated in 1989, there was a drainage issue prior to the purchase of the property by the Baskfields
and some retaining walls were constructed, which increased the hardcover on the property. There is now
a buffer zone between the two properties to retain some of the water. Murphy indicated they do not want
to remove that because it will negatively impact the neighboring property and that they are agreeable to
keeping the deck at the same size or reducing it by 45 square feet.
-----------------Page 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 19, 2012
6:30 o'clock p.m.
Mike Baskfield indicated they did not make any of the changes that have occurred on the property over
the years and that they basically have inherited the situation. Baskfield indicated they would like to
replace their deteriorating deck. The drainage has been improved by the work that has been done
previously. Baskfield stated they would like to remove the staircase and move it over to the side.
Levang asked if they are agreeable to reducing the deck by 45 squ~re feet.·\
Murphy indicated they are and that he will have the survey.corrected, ···
Schoenzeit asked whether the Planning Commission;;would need to approvetheinrrqcover <!t the level that
was originally approved in 1989.
Curtis indicated the Planning Commission would be voting on<whatexists today.
remove the retaining walls but the steps and stepping stot1eS:areincluded in the hardcover.· Curtis noted
the one difference she found from the previous survey andthe up&itedS:uryey was the deck and brick
patio on the lakeside shed. Curtis indicated she is notable to tell wnether.th~twas there in 1989 or was
added at some other point. Curtis stated Staff sometimes .fi»ds that everything shown on today's surveys
were not always depicted on older surveys.
Levang asked if the fabric needs to be removed.
Curtis indicated it does not count in the hardc6ver calculation ariddoeS:not need to be removed.
,.,,' ,.· ···;,-'.;
Chair Schoenzeit opened the public he:aring at 7: 10 p;yi,
'/ ,/ '•/".'..•' •; ••• • ,,•,n;
There were no public comments regarding this applic:ti6ri.X
> ••• •••' ,, > N ',, ,••,
Chair Schoenzeit closed the publiche~r;fn,.gat7:10 p.m.
Thiesse movtld, Schoenzeifs~onded/f~'i-eC~Hnmend approval of Application #12-3581, Michael and
SharonBaskfieid, 2755CiiscoPoint Road, grai,ting of a hardcover variance at the existing
ha~q~~yerlevel per Staff's reconunendations. VOTE: Ayes 7, Nays 0.
· ' #12-3584 PERRY sclIMIDT ON BEHALF OF RALPH AND PEGGY B..., ...... ~!!_.....~-
ROAD NORTH, ~R-THE-FACT CONDITIONAL US IT
Leskin oved, Schoenzeit seconded, to recommend approval of Application #12-31"',._~:v
on Behalf of Donald O'Reilly, et al., 3928 Cherry Avenue. VOTE: Ayes 7, Nays O.
-----------------Page 6
, Melanie Curtis
From:
Sent:
To:
Subject:
FYI
Christine Mattson
Monday , November 19, 2012 9:01 AM
Melanie Curtis
FW : 2755 Casco Point Road I #12-3581
From: Richard Putnam [mailto:rp55391@gmail.com ]
Sent: Monday, November 19, 2012 9:00 AM
To: Christine Mattson
Subject: Re: 2755 Casco Point Road/ #12-3581
Christine,
Thank you for the opportunity to comment on the Baskfield application. We have reviewed the proposed plan
and discussed it with Mike Baskfield. We are unable to attend the meeting on the 19th so offer the following
comments.
Concerning the Practical Difficulties Analysis:
We believe this deck reconstruction is not in any way a danger or detriment to health, safety or the welfare of
the community or immediate neighbors, nor does the deck pose a danger to light, air, fire and traffic conditions.
The deck reconstruction will not in any way have a negative effect on surrounding property values. The deck
will be beneficial not only to Baskfield's home but to our property as well by improving the visual appearance
from the lake and neighboring properties by removal of the large existing stairway.
We ask the Orono Planning Commission to grant the requested variance to the strict enforcement of the zoning
code for the following reasons:
The hard cover requirements are intended to protect over-building of any lot and protect runoff from damaging
the water resources and adjacent properties. Baskfields' small addition in deck space does not adversely affect
these.
The city's reconstruction of Casco Point Road has effectively dealt with the street oriented runoff from ours and
Baskfields' lots. A new pond and storm sewer connection provide that the storm runoff from our lots sloping to
the street now is directed to a treatment pond system rather than into the lake as before. Drainage from both our
homes toward the lake benefits from about 8,000 square feet of flat lawn abutting the rip rapped lake shore.
The lawn area functions as an infiltration area into the sandy soils preventing rapid runoff into the lake.
Since the 1989 ordinance was adopted much has changed to improve water quality on our adjoining lots.
Drainage improvements on Casco Point Road, rip rapped shore lines, phosphorus free fertilizers and infiltration
areas to reduce runoff have all contributed to a better environment.
We disagree with the staffs recommendation that no increase in structural coverage should be allowed.
Baskfields' removal of the large existing stairs from the deck to the ground and replacing it with a spiral
stairway is a great idea. The deck is rebuilt to a more useful size and shape without adversely affecting other
properties.
As residents of Casco Point for nearly 40 years we have also remodeled several times so as to remain in the
1
neighborhood . We support the BasKfields' variance request and believe it is a sensible design to improve their
property.
Thank you for this opportunity to comment on this matter.
Respectfully,
Dick and Jan Putnam
2765 Casco Point Road (next door neighbors to the south)
On Fr, Nov 16, 2012 at 2:58 PM, Christine Mattson <CMattson@ci.orono.mn.us> wrote:
Dick,
By clicking here , you will be directed to the staff report and exhibits associated with the variance
request for the property addressed 2755 Casco Point Road.
If you have any comments, please submit them to us before 3 pm on Monday, November 19th .
Please don't hesitate to contact me if you have any additional questions .
Christine Mattson
Planning Assistant
City of Orono
2750 Kelly Parkway I Orono I MN I 55356 (physical address)
PO Box 66 1 Crystal Bay I MN I 55323-0066 (mailing address)
if 952.249.4620 I ~ 952.249.4616
2
1:8'.1 cmattson@ci.orono.mn.us I ~ www.ci .orono.mn.us
Office Hours: Monday -Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Thursday & Friday, November 22 and 23, 2012
3
Date Application Received: 10/16/12
Date Application Considered as Complete: 10/16/12
60-Day Review Period Expires: 12/15/12
To:
From:
Date:
Chair Schoenzeit and Planning Commission Members
Jessica Loftus, City Administrator
Melanie Curtis, Planning & Zoning Coordinator ~
14 November 2012
Subject: #12-3581, Michael & Sharon Baskfield, 2755 Casco Point Road
• Hardcover & Structural Coverage Variance
• Public Hearing
Zoning District: LR-lC Single Family Lakeshore Residential, 0.5 acres/100'
Lot Area: 15,338 square feet (0.35 acre)
Lot Width: 79' @ OHWL & 65' @ 75' setback
Application Summary: The applicants are requesting a hardcover variance to allow the re
construction and reconfiguration of a lakeside deck. With concurrent proposed deck hardcover
removals, the hardcover is proposed to increase slightly from 28% to 28.3% using the total lot
area of the Tier 1 property. Structural coverage is also proposed to increase slightly from
18.8% to 19.1%.
Ill
Staff Recommendation: Staff recommends denial of the variances to increase the hardcover
and structural coverage levels.
Pertinent Zoning Ordinance Sections
78-1683. Standard Hardcover Inclusions.
78-1684. Standard Hardcover Exclusions.
78-1685. Massing Standards.
78-1700. Specific Tier Regulations.
List of Exhibits
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Exhibit F.
Exhibit G.
Exhibit H.
Exhibit I.
Exhibit J.
Exhibit K.
Exhibit L.
Exhibit M.
Exhibit N.
Application
Practical Difficulties Form
Description of Request
Proposed Plans
Proposed Survey
Aerial Photos
Hardcover Calculation Worksheets (old format)
Hardcover Calculation Worksheet (new format -by Staff)
Hardcover Ordinance/City Code Sections
Resolution No. 2661
1989 Survey -Proposed Home
Ordinance No. 72, 2nd Series
Area Map
Property Owners List
j
Background
12-3581
14 November 2012
Page 2 of4
The applicants are requesting hardcover and structural coverage variances in order to reconstruct
the existing lakeside deck. Because the property currently has 28% hardcover, exceeding the
allowed level of 25%, and because the proposal will not achieve the allowed level of 25% nor
conform to the 15% structural coverage limit, variances are required.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lC Required Actual
Lot Area 0.5 acre 15,338 square feet (0.35 acre)
Lot Width 100 feet 79' @ OHWL & 65' @ 75' setback
Setbacks· .
LR-lC Required Existing Proposed
Lake 75' 88' Deck 86' Deck
Rear/Street 30' 57.6' House No Change
North Side 10' 12' Deck 11' Deck
South Side 10' 24' Deck 27' Deck
No The house and deck are currently and proposed to remain Average Lakeshore encroachment located behind the average lakeshore setback line. allowed
Structural Coverage:
Lot Area Allowed 1989 Approval Existing Proposed
15,338 s.f. 2,300 s.f. 2,750 s.f. 2,890 s.f. 2,935 s.f.
15% 17.9% 18.8% 19.1%
Hardcover Calculations·
Stormwater Property Allowed Existing Proposed Quality Overlay
District Area Hardcover Hardcover Hardcover
Tier 1 15,338 s.f. 3,834.5 s.f. (25%) 4,298 s.f. (28%) 4,343 s.f. (28.3%)
Hardcover & Structural Coverage Variances
The hardcover worksheets submitted are the old format. Staff has adjusted the numbers to account
for the exclusion of fabric-lined landscape beds, retaining walls (out of the 75' setback) and 100
square feet of deck or patio. At 4,298 square feet or 28%, the property currently exceeds the
allowed hardcover level by 3%. Further, the applicants' proposal appears to result in 0.3% increase
in hardcover and structural coverage. Staff understands the applicants' intent was to balance the
existing with the proposed hardcover/structure. However we have not received a revised plan and
the proposed levels still exceed the code-allowed hardcover level of 25% (by 498 s.f.) and structural
coverage level of 15% (2,300 square feet); and the proposal also exceeds the existing levels of 28%
hardcover and 18.8% structural coverage by 45 s.f ..
.. -
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
onday, November 19, 2012
6:30 o'clock p.m.
-~~··~Schoenzeit opened the public hearing at 6:53 p.m.
Thiesse moved, L nen seconded, to recommend approval of Application #12-35 , man and
Marilyn Cr ord, 4745 North Shore Drive, vacation of dedicated right-of-way. VOTE: Ay
Nays 0
3. #12-3581 MICHAEL AND SHARON BASKFIELD , 2755 CASCO POINT ROAD,
VARIAN CE, 6:57 P.M. -7:12 P.M.
Michael Baskfield, Applicant; and Dan Murphy, Contractor, were present.
Curtis stated the applicants are requesting a hardcover variance to allow the reconstruction and
reconfiguration of a lakeside deck. With concurrent proposed deck hardcover removals , the hardcover is
proposed to increase slightly from 28 percent to 28.3 percent using the total lot area of the Tier 1
property. Structural coverage is also proposed to increase slightly from 18.8 percent to 19.1 percent.
Since the applicants utilized the old hardcover worksheets , Staff has adjusted the numbers to account for
the exclusion of fabric-lined landscape beds, retaining walls, and 100 square feet of deck or patio. At
4 ,298 square feet , or 28 percent , the property currently exceeds the allowed hardcover level by 3 percent.
In addition, the applicants' proposal appears to result in a 0.3 percent increase in hardcover and structural
cov erage. Staff understands the applicants ' intent was to balance the existing with the proposed
hardcover and structure . However, Staff has not received a revised plan and the proposed levels still
exceed the code-allowed hardcover level of 25 percent b y 498 square feet and the structural coverage
level of 15 percent by 2,300 square feet. The proposal also exceeds the existing lev els of 28 percent
hardcover and 118 . 8 percent structural coverage b y 4 5 square feet.
A 7 5-250 foot zone hardcover variance was granted in 1989 in order to allow construction of a new home ,
deck, driveway and sidewalk. Under the new method of calculation, the allowed total hardcover was
3,833 square feet of the total , including the shed. At the time the variances were granted, there was no lot
coverage standard in place . In August, 1989 , the City Council aciopted Ordinance No . 72 , Second Series ,
that limited lot coverage to 15 percent. Compared to the site plan that was approved in 1989 , there
appears to be an additional 140 square feet of structural coverage.
After reviewing the 19 89 survey for the proposed home, it appears the house was constructed generally
according to the approved plan, if only slightly larger . The driveway as shown on the 1989 survey
generally appears to follow the same shape and size as what currently exists but exceeds the 1989 lev el
allowed for the driveway and sidewalk by 109 square feet. The additional hardcover on the property
today, which was not part of the plan in 1989 , appears to be the stairs and stepping stones along the north
side of the home, a paver patio , a slightly larger deck, a little straightening in the driv eway, and a deck on
the boathouse .
------------------Page 4
MINUTES OF THE
ORONO PLANNll'i_G COMMISSION MEETING
Monday, November 19, 2012
6:30 o'clock p.m.
Staff does not find a practical difficulty supporting the requested increase in structural coverage or
hardcover. Staff recommends approval of variances according to the following:
1. The applicants should redesign their plan to conform to either the current levels;
2. The applicants should redesign their plan to conform to the previously approved hardcover level;
or
3. The Planning Commission should grant a hardcover variance at a level between Items 1 and 2
above as deemed appropriate.
Staff recommends denial of the variance to increase structural coverage levels . Staff is supportive of a
variance for reconstruction of the existing deck provided there is no net structural or hardcover gain. At a
minimum 45 square feet of area should be taken out of the proposed deck.
Thiesse asked if Staff is requesting approximately 50 square feet of hardcover be removed.
Curtis indicated that is correct. Curtis stated in her earlier discussions with the applicant, it was her
understanding that they would not be asking for an increase.
Schoenzeit noted the property is 635 square feet over the limit.
Curtis stated Staff feels the hardcover and structural coverage should be reduced down to the allowable
limits.
Curtis noted the applicants ' neighbor did e-mail Staff last week and had some comments about the
application. The neighbor did indicate he is supportive of the application as proposed.
Dan Murphy, Contractor, stated part of their confusion was that there was a change in the way hardcover
was being calculated from the time they started the project to the time the application was ready to go
before the Planning Commission . One of the surveys does show a smaller deck but it is not depicted on
the stamped surveyor's report.
Murphy indicated the main objective of the project is to replace and reconfigure the deck at the same size.
Murphy indicated they are not requesting any additional hardcover over what currently exists.
Thiesse asked how the applicant is proposing to construct the deck.
Murphy stated the existing deck is larger than what they are proposing to construct. Murphy indicated
they went with the spiral staircase to keep the deck at the same size.
Murphy stated in 1989, there was a drainage issue prior to the purchase of the property by the Baskfields
and some retaining walls were constructed, which increased the hardcover on the property. There is now
a buffer zone between the two properties to retain some of the water. Murphy indicated they do not want
to remove that because it will negatively impact the neighboring property and that they are agreeable to
keeping the deck at the same size or reducing it by 45 square feet.
------------------Page 5
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, November 19, 2012
6:30 o'clock p.m.
Mike Baskfield indicated they did not make any of the changes that have occurred on the property over
the years and that they basically have inherited the situation. Baskfield indicated they would like to
replace their deteriorating deck. The drainage has been improved by the work that has been done
previously. Baskfield stated they would like to remove the staircase and move it over to the side.
Levang asked if they are agreeable to reducing the deck by 45 square feet.
Murphy indicated they are and that he will have the survey corrected .
Schoenzeit asked whether the Planning Commission would need to approve the hardcover at the level that
was originally approved in 1989.
Curtis indicated the Planning Commission would be voting on what exists today. Curtis noted she did
remove the retaining walls but the steps and stepping stones are included in the hardcover. Curtis noted
the one difference she found from the previous, survey and the updated survey was the deck and brick
patio on the lakeside shed. Curtis indicated she is not able to tell whether that was there in 1989 or was
added at some other point. Curtis stated Staff sometimes finds that everything shown on today's surveys
were not always depicted on older surveys.
Levang asked if the fabric needs to be removed.
Curtis indicated it does not count in the hardcover calculation and does not need to be removed.
Chair Schoenzeit opened the public hearing at 7:10 p .m .
There were no public comments regarding this application .
Chair Schoenzeit closed the public hearing at 7:10 p.m.
Thiesse moved, Schoenzeit seconded, to recommend approval of Application #12-3581, Michael and
Sharon Baskfield, 2755 Casco Point Road, granting of a hardcover variance at the existing
hardcover level per Staff's recommendations. VOTE: Ayes 7, Nays 0.
#12-3584 PERRY SCHMIDT ON BEHALF OF RALPH AND PEGGY B
E ROAD NORTH, AFTER-THE-FACT CONDITIONAL USE PE
Leskinen moved, Sebo it seconded, to recommend approval of A cation #12-3584, Perry
Schmidt on behalf of Ralph an ooy Burnet, 517 Ferndale North, granting of an after-the-
fact conditional use permit. VOTE: A
Leskinen moved, Schoe · seconded, to recommend approval of Application 580, City of
Orono on Behalf o onald O'Reilly, et al., 3928 Cherry Avenue. VOTE: Ayes 7, Nay ·
Page 6
PC Meeting 111912
Subject: #12-3581, Michael & Sharon Baskfield, 2755 Casco Point Road
Background
The Baskfields are requesting hardcover and structural coverage variances in order to reconstruct
the existing lakeside deck. The property currently has 28% hardcover, which exceeds the code
allowed level of 25%, and because the proposal does not result in 25% a hardcover variance is
required. Additionally the project is proposed to increase the structural coverage slightly and the
property currently exceeds the 15% structural coverage limit. A lot coverage variance is are
required.
Hardcover & Structural Coverage Variances
A 75' to 250' zone hardcover variance was granted in 1989 for the construction of a new home,
deck, driveway and sidewalk. To put the variance approved hardcover levels into today's code the
allowed total hardcover allowed was 3,833 square feet of the total (including the shed) or 24.9%. In
July of 1989 there was no lot coverage standard in place. In August of 1989 the City adopted the
Ordinance which limited lot coverage to 15%. It appears that compared to the site plan that was
approved in 1989 today there is an additional 140 square feet of structural coverage.
Staff has adjusted the hardcover numbers to fit into the new code format and accounted for the
exclusion of fabric-lined landscape beds, retaining walls (out of the 75' setback) and 100 square feet
of deck or patio. Using the current method of calculating hardcover (use of the entire lot area,
retaining walls & fabric aren't counted, etc) the current hardcover level on the property exceeds the
1989 approval by 3% or 465 square feet; the 1989 structural coverage level 17.9%. There have been
no additional variances granted to allow additional hardcover or structure.
Staff is supportive of a variance for reconstruction of the existing deck provided there is no net
structural or hardcover gain; at a minimum 45 square feet of area should be taken out of the
proposed deck. After discussions with the applicants' builder today, staff feels there may be
revisions to the hardcover calculations which will reflect the applicants' initial intent to equal out
their structural and hardcover levels with this project.
The planning commission should address the issues for consideration outlined within the staff
report. In closing, staff does not find a practical difficulty supporting the requested increase in
structural coverage or hardcover. Staff recommends denial of a variance to increase structural
coverage and approval of hardcover variances according to the following:
1. The applicants should redesign their plan to conform to either the current levels (reduce
proposed deck by 45 square feet); or
2. The applicants should redesign their plan to conform to the previously approved hardcover
level (1989 variance); or
3. The planning commission should grant a hardcover variance at a level between 1 & 2 above
as deemed appropriate.
.
~50 I St#1J}f;A2ee,f-1-0 APf tL.
r;,fll(;D re~ iio Afr v;~
Jesse Struve
From:
Sent:
To:
Cc:
Subject:
Melanie,
Jesse Struve
Friday , November 09, 2012 11 :38 AM
Melanie Curtis
Christine Mattson
20121109 2755 Casco Pt Rd #12-3581
I have reviewed the zoning application for 2755 Casco Pt Rd for the proposed deck and do not have any engineering
comments.
Jesse Struve, PE
Director of Public Works/ City Engineer
City of Orono
{952) 249-4661 -Direct
(952) 249-4616 -Fax
www .ci.orono .mn .us
1
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #12-3581 was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand and seal this 9th day of
November, 2012.
Vh~~a ~
Monica A. Fadness
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at
2780 Kelley Parkway on Monday, November 19, 2012, beginning at 6 :30 p .m. on the matter of
reviewing the following land use applications and vacation request:
12-3573 Herman and Marilyn Crawford, 47 45 North Shore Drive, LR-1 B zoning district,
request vacation of the portion of the undeveloped right-of-way for Lake Street which
is directly adjacent to the property addressed 4745 North Shore Drive .
12-3580 City of Orono proposes to rezone the northwesterly portion of the property at 3928
Cherry Avenue from LR-1 B single family lakeshore residential to LR-1 C single family
lakeshore residential in order to establish a single zoning district within the property.
12-3581 Michael & Sharon Baskfield , 2755 Casco Point Road, LR-1C zoning district,
requests a hardcover variance to allow 28 .7% hardcover on a Tier 1 property where
25% hardcover is allowed and 28.6% currently exists in order to rebuild a deck in a
different configuration .
12-3584 Perry Schmidt, 517 Ferndale Road W , RR-1 B zoning district, requests an after-the
fact conditional use permit in order to conduct grading activities in excess of 500
cubic yards on the subject property.
12-3586 City of Orono proposes housekeeping amendments to Orono Zoning Code Sections
78-394 , 78-419 and 78-443 regarding the keeping of farm animals as an accessory
use in Rural Residential Districts and to Section 78-566 regarding the list of
accessory uses in the RS Seasonal Recreational District.
All persons wishing to be heard are encouraged to attend these meetings. This is not a final
agenda and is subject to change prior to the hearings . Written comments are accepted and
should be submitted to the City of Orono by November 13, 2012 if possible. Interested persons
may review the applications at City offices. For an appointment, please call (952) 249-4620.
City of Orono
By: Planning Commission
\
~ ~ ~ e arne u Is
Planning & Zoning Coordinator
To be published in The Laker & The Pioneer Newspapers on November 3, 2012.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
RUN DATE: 9/20/2012
38 20-117-23 23 0005
T J & SA JUNGELS ETAL TRUST
2715 CASCO POINT RD
SHIRLEY A JUNGELS
THOMAS J JUNGELS
7109 ANTRIM CT
EDINA MN 55439
38 20-117-23 23 0009
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0012
C MCOLE &J PCOLE
2776 CASCO POINT RD
CAMILLE M & IBFFREY P COLE
2776 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0019
R&JPUTNAM
2765 CASCO POINT RD
RICHARD A PUTNAM
2765 CASCO POINT RD
WAYZATAMN 55391
HENNEPIN NTY PROPERTY INFORMATION SYSTEM (PROPERTY o·
38 20-117-23 23 0006
S R PETERSON & KA PETERSON
2745 CASCO POINT RD
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0010
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0017
JD HURD/J L ZEHRINGER-HURD
2795 CASCO POINT RD
JD HURD/J L ZEHRINGER-HURD
2795 CASCO POINT RD
WAYZATAMN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION
ATE ON THE RJ1rORDS OF THE HENNEP~Y TAXPAYER SERVICES DEPARTMENT.
DATE: 'J.-BY: I\;\_ c._-~~
,'I.S LIST)
38 20-117-23 23 0007
MG BASKFIELD/S J BASKFIELD
2755 CASCO POINT RD
MICHAEL G BASKFIELD
SHARON J BASKFIELD
2755 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0011
HENNEPIN FORFEITED LAND
38 ADDRESS UNASSIGNED
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0018
REED L LARSON
2773 CASCO POINT RD
REED L LARSON
2773 CASCO POINT RD
WAYZATAMN 55391
PAGE:
RECEIVED
OCT 1 r.-": (d',
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CITY OF ORONO
81
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LEGAL.NOTICE
CITY OF ORONO I •
NOTICE OF PUBLIC HEARING
gle family lakeshore residential · in
qrder to !3Stablish a single zoning
' district within the property. ··
The Orono Planning Commi~sion
will hold a · public hearing in the
Orono Council Gh;:imbers at 2780
Ke!ley ,. Parkway on Monday,
Novernber 19 ,-2012, beginning at
6:30 p,m : on the matter of review
ing the tfollowing · land use applica
. lions and vacation request:
12°-3573 ' Herman ·and Marily ~
Crawford, :47tl(i North Shore Drive,
LR-1 B zoning_ district, . request
vacation of the _ portion ,of th e
. undeveloped right0 of-way for Lake
Street which is directly adjacent to
the property addressed 4745
North Shore Drive .·
I
, 12,3580 City of Orono proposes to
rezone the northwesterly . portion
cit the ·property at 3928 ·Cherry
Avenue from LR-18 single family
lakeshpre residential to LR-1C sin-
r2-3581 Mi chael & Sharon
Baskfield, 2755 Casco Point
Road , LR -1C zoning di stri ct,
requests a, hardcqver variance to
allow 28.7% hardcover on a:Tier 1
property where 25°io hardcover is
allowed _and 28.6%'currently exists
in order to rebuild a deck in a dif
fEjren! configuratjon.
12-3584 Perry Schmidt , ·. 517·
Ferndale , Road W, RR-1 B _zoning
district ,. requests an after-the-fact
_conditional use per'mii i'7 order to
conduct grading . activities in
excess of 500 cubic yards on the
subject property.
-12-3586 City .of Orono proposes
ho1.1sekeeping amern;fments to
Orono Zoning Code Sections 78-
394, 78-419 and 78-443 regarding
the keeping of farm animals as an
accessory use in Rural Residential
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Districts and to Section 78-566
reg,irding the list of c1ccessory
uses in the RS Seaso nal
Recreational District.
All . persons w ishing to be heard
a"re encouraged to attend ' these
meetings. This is not a final •agen
da and is subject to change prior
to the· ' hearing s'. Written com
ments are accepted and should be
subm itted to the City of Orono by
November 13 , 2012 if possible.
Interested persons may review the
applications at City offices. For an
appo intm!3nt, please call (952)
249-4620. .
City of Orono
By: Pla~ning Commission
Melanie Curtis
Planning & Zoning Coordinator
(Published in -The Laker and The
Pioneer newspapers Novembw 3,
20 12) .
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Affidavit of Publil .ion
State of Minn eso ta. County of Hennepin
Keith P . Anders on, being duly sworn, on oath says
th at he is an authorized agent and employee of the
publ isher of the newspaper known as the THE PIO
NEER, Mound , M innesota, and has full knowledge
of the facts which are stated below:
A.)The newspaper has complied with all th e require
m e nt s constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
33 1 A .02, 33 IA .07, and other applicable l aws, as
amended .
B.) Th e printed c~ 960J\C5YO
Y~tk¼
which is attached was cut from the columns of sa id
newspaper, and was printed and published once
each week for I successive week s:
It was first published Saturday,
the _J_ day oft:1,_,"'°'·~(J..,__ ____ 201.2__,
and was thereafter printed and published every
Saturday, to and including Saturday,
the _J_ day of ~(\b0~ ______ 20fl__;
Authorized Agent
Rate Information
(1) Lowest cla ss ified rate paid by commercial users for com
parable space: S15.50 per inch .
(2) Maximum rate allowed by law for above matte r: $15.50.
(3) Rate actually charged for above matter : S7.96 per inch .
Each additional successive week : $5 .79.
r-~. LEGAL NOTICE · ·fa_3;·;;;;e~ry Schmidt,a 517 : -1
'.1 ~ CITY OF ORONO .: , F~rrnd8.l~··R98d-_\fV, RR-18 zoning
-~-l., ,._ '-•i '~-' ---r•..:,_district,~~9:iests '.3-n_~a~~[;l ~e:f~c;!,
'NOTICE OF PUBLIC .HEARING . ,,;. conditional .use_ ·permit Ill orcer tq_
,•·. _ · · ,, · · ' • ., _-· _ · ·. · ''' _. co nd_uct grading activities in excess ·
The Orono Planning Commission 6f ~00 cubic yards on the subject
will hold a public hearing in the property.
Orono Council Chambers at 2780 · ·
Kelley _,. Parkway · ora Monday,. 1i 3586 Ciiy, of Orono _prop~se.s
November 19, 2012,:,beginning .at'. housekeeping ' ameridments1· t_o
6:36 p:m. OFI the.matter ofreviewing :; Orono Zcining' Code Sections 78-.
'the follow ing land use ?PPlications 394, 78-419 and 78-443 regarding
an?·v:i,cation __ r~quest: · the keeping of farm animals as an
·acce~sory use in -Rural ·Residential
1 ?;'3573_ .H~rmari -· and Marilyn Districts ana to Section 78-· 566
Crawford, 4745 North Shore . Drive , . regarcing the list of acce·ssory uses
LR-1 B zoning district, request vaca-in tl:le RS Seasonal Recreational
lion -of the por-tion of the undevel-~-Distript. . .
op~a right-of-way,-for ,Lake ~tree! • ..
whicti is _directly adjac(;li'it . t9 ther . All person~. wist:iing .to 'be heard are
property addressed '4745· North 'i enc.ol!_raged ·:to attend these _l'r]eet-
Shore Drive. _.ings .'_ This is not a final agenda and
' _ , d • _ -i, , ,.-·T• l s -~ubjec~ to change prior to .the I
12'3580 City qf O_reno proposes to • · .hearings. ,. 'Nritten ·comments are
rezone the northwesterly portion .of · accepted and should be' submitted
the property · ar ·3928 Ctierry · to the City, of· Ororo by November ·1
Avenue, from · LR-1 B single family -.13, 2012 if pos~ible. Interested per,
lakeshore residential ·to LR-1 C sin-sons may review the applications at
gle family lakeshore residential in-·. City -.offices. For an appoirtment,
orc!er to establi_sh a \SiA@le zoning · pleasr call (95~) -~~9:4~20. __ , ., . \
di~trict'wit9in the property. . : · . . , -
' ·city of Oron·o · -_· -.. ,
12-3581 .,Michael. -& . Stiaron·· ,· By: Pl~n11i.ng_.Commission·. , ,-., "_.
Baskfield , 2755 Casco Point Road; · • · • '< · r , _ •
LR-1C zon_ing sJist~ict, requests _ a , · · , •·. ·· .-_
hardcover variance to allow 28.:7°/i Melanie Curtis . . 1·
hardcover on a · Tie; ·1 proper\y -Planning & Zoning. Co,brdinator .
where 25%' hardcover is .-'allowed· ·' . ... . _ .
and 28.6%·-currer:1tly exists -in ,order , (Publisfied in The .Laker and The .
1
1
to rebuild a de'ck in a diffe rein t>con-.: ,.f"ioneer newspapers Novetnqer, 3,
figuration . -• -2012) . · I
22 October 2012
Michael & Sharon Baskfield
2755 Casco Point Road
Wayzata, MN 55391
SUBJECT: Zoning Application #12-3581
CITY OF ORONO
Street Address: I Mailing Address: I Telephone (952) 249-4600
2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616
Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us
The City of Orono is required to notify you within fifteen {15) business days as to the status of your
application for a variance for property located at 2755 Casco Point Road. Our preliminary review
indicates that your application is complete. Please note your site plan does not coordinate with your
certificate of survey. We will reference only the certificate of survey and the proposed building plans for
our review. If the information contained on the survey does not accurately represent the existing
and/or proposed conditions please advise.
Your application is scheduled to appear before the Planning Commission on Monday, November 19th
•
The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend
the meeting. You will be mailed a staff report regarding your application prior to the meeting date; the
staff report and agenda will be made available the Friday prior to the meeting on the City's website at
www.ci.orono.mn.us. Search for the Planning Commission materials under the meeting date by
following the link "Meeting Information".
Please call me at 952.249.4627 or by email at mcurtis@ci.orono.mn.us should you have any questions.
Sincerely,
c;;;;l~
Melanie Curtis
Planning & Zoning Coordinator
Address:
Prepared by: 6k:.-OAif3t!!,;,·,1,L~(ef;; # As~k)C ... /,47cS,s, I NC ,.
HARDCOVER CALCULATION WORKSHEET
SETBACK.ZONE: {CIRCLE ONE)
EXISTING HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
E~Deck
F. Landscape
Underlain
By Plastic
G. Retaining Walls
H. Other
Length
TOTAL HARDCOVER tN ZONE
TOTAL PROPERTY AREA IN ZONE
A e,q/
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
+ B
75-250' 250-500'
=
Width
=
=
=
=
=
=
=
=
=
=
=
=
=
=
---="°'----""~""'3"--_x100 =
PROPOSED HARDCOVER IN.ZONE (including existing hardcover fo be retained)
A. House ______ x ______ =
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Retaining Walls
REt~i\rED
Length
TOTAL HARDCOVER IN ZONE
AUG97t~lfl~OPE~TY AREA IN ZONE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
ND
+
Width
=
=
=
=
=
=
=
=
=
=
=
=
=
=
c,. HA /Jt5.1 6S
B X 100 =
-21 -
500-1000'
______ S.F.
---'-·-.ae"--,"'--,S""''.3=-__ S.F. ______ S.F.
______ S.F,
______ S.F.
______ S.F.
___ -.._7 ___ 8.F.
______ S.F.
___ 3~/ ___ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
S.F.
29i S.F.
6083 S.F.
4,72, %
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
A
B
S.F.
S.F.
%
A
B
Address:
Prepared by: 0/2.-0JVBc/.l...o ~ /l£.;£5CJ(!,,/ A re::;J .'ING.
HARDCOVER CALCULATION WORKSHEET
SETBACK ·zoNE: (CIRCLE ONE) 0-75' ~25~50-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X =
· Length , Width
5-ke_s --Norfh :s1do = 5b
X =
B. Garage X =
,/.
C. Driveway 5f Jlcprr,;17 X =
X =
D. Sidewalk a; l'K:..., X =
X =
E. Patio/Deck l,.}t:,(:,/.t .. I' .FTc, 1" 5 X =
7;:ft ,JG 1;,:. PA -r;,,~1 X =
F. L~cape A/C, 'PAD X =
U tlerlain 72.o c..lC./ F-A-lf/l-/ C-X =
B lastic CoivC-'R',o . X =
5
10~7
&
G. Retaining Walls wooo £,Vj/t..1..$ X = 67
6,oul.,D6IZ-
H. Other ,,AJ A. t.-t... S X = /72
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
'12.55 A '54-~.3 + B X 100 =
PROPOSED HARDCOVER IN'ZONE (including existing hardcover to be retained) t.)+4tJG€-5
A. House ______ x ______ =
Length
X
X
B. Garage X
C. Driveway X
X
D. Sidewalk X
X
s IJ P.,T/2.l~C. T
E. Patio/Deck X
!\'DD "Pf\-TI O --DGCI'-X
F. Landscape .sue,-r/2..-l'<C.T: R.oc.g/f!:.+Blt.!t.. x
Underlain ______ x
By Plastic ------X
G. Retaining Walls
H. Other
R~~l~~COVER IN ZONE
TOT AL PROPERTY AREA IN ZONE
1 7 L,, '. A .54:03
X
,x
+ B
Width
=
=
=
=
=
=
=
2..'/7 t-2-8 =
=
=
=
=
=
=
_9~2.~5~5~-X 100 =
-21 -
2.7.5
+ zqz.
/7
54-03
9255
S.F.
S.F.
s.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
%
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F. A
S.F. B
%
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.)
ForOffice Use·Only:
City Planner: Meeting Date/Time:
PC Date: ____________ _
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create opportunities
or problems for the proposal.
PROPERTY INFORIYJATION: C (J,, 'fl,(
Site Address: ~::½5:: _t<\ ( o Y-t: W
Property Identification Number (PIN):
Zoning District: ______ Size of Property:
DESCRIPTION OF REQUEST:
□ Average Setback □ Side Yard Setback
~ardcover ~ □ Hardcover 75'-250' □ Lot CoveragJl I □ Lot Area
□ Other:
□ Rear Yard Setback
□ Hardcover 250'-500'
□ Lot Width
□ Lake/Front Yard Setback
□ Hardcover 500'-1000'
Applicant's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical
Initials: Difficulties Documentation Form, understands it as it has been explained to them,
Owner's and is aware that it must be completed and submitted in conjunction with their
Initials: formal variance application.
Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses
Initials: incurred in review of this application and/or additional staff time not covered in
Owner's initial application fee, as well as provide an escrow in the amount of
Initials: $ to guarantee payment of the above.
OTHER INFORMATION:
Owner Signature:
Variance Application Updated:
OT be accepted without a pre-application meeting during
-10 -
Date: l ~( a r(l
Date: --t----,:-t-~ &
581
APPLICATION ESCROW AGREEMENT n ie.. ~
Zoning Application # I l--358' I
AGREEMENT made this I lf' day of M , 20 \ ~ by and between the CITY OF
ORONO, a Minnesota municipal corporation ("City") and-,--,-----,--~--,~,9--=. TT . ..,.,v:----:,-,....,~"'"hh---,------fv\i t:,(L WhaOO ~b□v~
[a corporation -optionaij ("Owner").
Recitals
1. Owner as filed Zoning Application # { L _ 35Yl formally requesting the City to
review plans for _ ___;i-=~=--~,:,-:::...--,.,..-:::-,-,;:----=-,--__,.,,......----------------
located at _______ --=......._.~L-.!...J=>=5..'-----L--'-----1:=i, _______________ _
the "Subject Property") as more fully shown and described on Exhibit "A" attached hereto.
2. Owner requests the City to review said plans which requires City approval including ____ _
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owner establishes an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow
Agreement, the Owner shall deposit$ 2..;5(!D with the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will
incur in meeting with the Owner, r~viewing the plans, and preparing agenda packet material for City Council
review of application # { 7--JS 8:1 . Eligible expenses shall be consistent with expenses the Owner
would be responsible for under a zoning and subdivision application.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owner. Owner shall be responsible for payment to the City within 30 days of the Owner's receipt
of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owner does not make
payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without
further approval of the Owner to reimburse the City for eligible expenses the City has incurred. The City shall
notify the Owner of such draw and the nature of the expense for which the reimbursement is being made. If the
Escrow amount falls below 75% of the original escrow amount the Owner shall deposit additional sums as
directed by the City, or the City shall discontinue all review.
5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the
Owner when the review has been completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owner, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat.§§ 415.01 and 366.012.
CIT'(\ OF OROti,O
sy:Lfilv~'bhtv Vv\[1~
11s'.13.0~~ ~~
Variance Application Updated: January 31, 2012
By:_+~~~..:S~-::::;t:.:_ __ _
RECEIVED Its:
OCT 1 6 2012
CITY_ (?f_ ORONO
_________ ___;::::;;l, __ _
DATA PRIVACY ADVISORY
In accordance with Minnesota State Statute 13 .04 Rights of Subjects of Data , Subd . 2 , "Tennessen
warning", we would like to inform you that your request for a permit or license from the City of Orono or
any of its departments may require you to furnish certain private or confidential information .
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit or
license requested .
2. You may refuse to supply data , but refusal may require that the City deny the permit or
license .
3 . The information may be shared with other local , state or federal agencies to the extent
necessary to process the permit or license .
4 . If your requested permit or license requires Council action to approve , some information
may become public.
5. You have certain rights under Minnesota State Statute 13.04 (see following page) to
review private data on yourself.
6. Your full name is required to process this application or permit.
Middle
~~t~
Last
C1t~co TM
Address
City State zsrnt Ip Phone
Variance Application Updated : January 31 , 2012
-15 -#3 58 1
Laser Labels
Compatible with Avery® 5160® Template
38 20-117-23 23 0005
SHIRLEY AJUNGELS
THOMAS J JUNGELS
7109ANTRIMCT
EDINAMN 55439
38 20-117-23 23 0009
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0012
CAMILLE M & JEFFREY P COLE
2776 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0019
RICHARD A PUTNAM
2765 CASCO POINT RD
WAYZATAMN 55391
Etiquettes laser
Compatible avec le gabarit 5160® de Avery®
.... Use 3M Template
Feed Paper 3100-A, 3100-B, or 3100-C
38 20-117-23 23 0006
STEVEN R PETERSON
2745 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0010
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0017
JD HURD/J L ZEHRlNGER-HURD
2795 CASCO POINT RD
WAYZATAMN 55391
www.3M.com/labe1s
1-800-395-1223
38 20-117-23 23 0007
MICHAEL G BASKFIELD
SHARON J BASKFIELD
2755 CASCO POINT RD
WAYZATAMN 55391
38 20-117-23 23 0011
CITY OF ORONO
POBOX66
CRYSTAL BAY MN 55323
38 20-117-23 23 0018
REED L LARSON
2773 CASCO POINT RD
WAYZATAMN 55391
3NI
581
3NI