Loading...
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 -C: \ 0 <( ·---·-:::I .c 0 :2 1/) >< Q) w ct:: ~ s % J...o ~ I ,w 'l.'3/ j' i°,¼..., <Y:,;,· ,$1J'r-:e· ······--2b,_ ~·cr . '«.,/-suRVEY r., LINE " ·"' 3/ II ~ 0 10 20 40 ~ SCALE IN FEET 1?-?!'iflA 8 e3, 03bo,S- I ... LOT 7 -or I I I I I I I I I •a -;?. / . ..:..: j? >.:..: ~;/ HOUSE l.. C: T :::: EXISTING {A} #2755 LEGAL O~SCRIPTION OF PREMISES : ., Loi 7, Auditor's Subdivision No. 265 .J;::, o: denoteslronmarker Bear1nos shown are based upon an assumed datum. This survey shows the boundaries of the above described property, the location of an existing house end shed, end the location of el! visible "haidcover" thereon, and the proposed locatlon of a proposed patio and deck. It does not purport to show any other Improvements or encroachments. CERTIFICATE OF SURVEY FOR MICHAEL G. BASKFIELD EXISTING OF LOT 7, AUDITOR'S SUBDIVISION NO. 265 HENNEPIN COUNTY, MINNESOTA GARAGE •o RECEIVED fife ns ?1)12 CiiY or: 0RONo O!f&' -$ ,::,; ,.__; ;l? 0 50 ~ !# ◊ 0 2 (j ii (/J!f ff" g c] ~ "' a: "' ti~~; z s :g"f -.. .., cn!il i ~ Wjw:Jl <Cl-,,;~" -a: .J~ (.)~CJLL O>z (1)~9 (l)rnw- <(!i]2::! o11:i~~ (!)g~~ 0::w.J"' w z ..JO> ID~i:w zw .z o_,zo o::nif (!) :H hf ·-~-1Hi f•·i i!h ift) f1H du !ni ·~ 1· '" 0 < -~ ~ ~[! ~ I::; Resolution 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. 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 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 3 2 I MAIN LEVEL PLAN "BEFORE" SCALE, 1/4" m l'•O' DECK ABOVE ' STAIR ABOVE LOWER LEVEL PLAN "BEFORE" 4 SCl<Lf 114· 1'-0" 2 MAIN LEVEL PLAN "AFTER" ,,--I. , . (-; 0 0' •,:,: ' ' . •.· .. ' ' ' . \ i ' I , I I ( I : j' • : I ,: ' ' :· ' f. ' \ I : . '. : d 7 RAILING 2 SCALE· I"~ •·.(r 0, LOWER LEVEL PLAN "AFTER" 5 STAIR SECTION 2 SCl>.lE 1/4" "" 1·.o· :,: ~'.~!,;~~~~ @ Sl()UtW.<J,PPWll'6t WICM' G SECTION AT DECK 2 SCAll:.3/.J' "' 1·.(r ■ l!lil!l1i ,11.~,. !s1~1~1 z H :E !:2 ~ ,1 =>[fl::, lj ~clll ii 0 "O ai E ~ 0 I C/l iii Q) co O ~ £ (0 ':; ~ ,E C ·§ tg § 0 a. z ·.µ '-8 ~ ~ ~ 8 g §(/)tg~ ~ ~ hJ i1 QJ w .:,£. 0 ~ <[ [!] m~ >< t/1 2: 2. C" C -· ---· mg 12-256A r Cb " ,,,, / SURVEY .v/"'"--UNE ,<::,~/ .<::J"/ 3/ / / 0 10 20 40 111 I 11111111 I I SCALE IN FEET I I I I LOT 7 I I I I I 4Q I I I I I I I I 75' SETBACK--..} LINE / I I ,/,<:.:: / t< ' I ., I .. •·..... PROPOSED PATIO- .... , • ANDSTAIRS- •:· •~• 282 S.F.(Q) / / ... _ . . :::::· ·--~ EXISTING HOUSE #2765 EXISTING HOUSE #2745 . -·. .. ,,•_:_:_. : __ {_) 1 EXISTING (A) HOUSE #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 I <o 0 .,. Cl w z ~ ~ V, "' W Cl a ,.. (lJ ":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" I'.• r------------ 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' VDECKABOVE :~ )( 0 j!2c i ~o<C i" 2XI0'5 @ I 2" 0 .C. \ 1 'l:~ \ itn;; . ::.o I~\! I ~ x PATIO 4-STAIR FOOTPRINT lo 28245,;qlt '---------- 0 LO WER LE V EL PLAN "A FTER" SCALE , 1/4" = l'-0" (---1r1---i-r1 ----\, I 1 11 11 I I j I I I I I I I I I I I I I I I I I r t--,-. --I r ~ --, I -==-I= Fi _______________ ,,..1 SCALE , 1/4" = 1'-0" m I I I II I I EXISTING DECK. STAIR AND RAILINGS REMOVED. NEW DECK RAIL AND STAIR PER 4X4 P05T5, MFR METAL RAILING 5/.4 X b AZE'-. DECJ\.tNG 2XIO DEC"-STRUCTURE 5/4 BEAM WR.AP RAIN ESCAPE TROUGhS EXPOSED CEILING TO Bf 5/0 X 4. BEADED. PAINTED fOR STRUCT. SEE PLANS. TYP WRAf' 2 X f 3/4 @ 6Xb CEDAR COLS STONE WRAPPED BA.SE 1/✓J CAI' f'ATIO SURFACE MATERIAL TBD BY lANDSCAPE DESIGN J2Xl2 DIA CONC FTG, BEU TO 18" DIA I ----- ~ ., ,.1'. ~--MAIN LEVEL fE L ~ ~ i ir 1 MATCH EXG R.O. -----+- I I ~ ~ ~ J l " 0 ~ 5 ~ I LOWER LfVEiJFE n 1C><AIA\AA! l__L f<:!VVVVVV II II ------it II r-ir ~ I \ JIU II I II . I u Council Exhibit o-\ • 0 ""O Q) Q) E ~ 0 I en -a Q) co cc .c 0 .-.., m a: O'J t.. .., (') -E C C ·a ID C ID 0 0 D.. ·p t.. 0 z u u ~ :::J co CJ) t.. cc c:i .., ..c u CJ) C C CJ) 0 ID 0 c... u ID 0 Q) ell r,... a: C\J -><! Q) u Q) .::::L. 0 <! ~ 23 JULY 2012 20 5Ef'T 2012 ?. - I I I I DRAWING INDEX I. SITE PLAN it EXTERIOR VIEWS 2. PLANS, ELEVATION it SECTION 'NOTE: ALL II" X 17'' COPIES ARE REDUCED 50% (HALF SCALE). I I I DECK SQUARE FOOTAGE: BEFORE DECK< STAIR AFTER DECK 4 STAIR 253.40 s.f. 253.04 5.f. REPLACEMENT DECK 4 STAIR SQUARE FOOT AGE 15 NOT LARGER THAN THE EXISTING DECK SQUARE FOOTAGE. PATIO SQUARE FOOTAGE: I BEFORE PATIO;. STAIR AFTER PATIO; STAIR 282.83 5.f. 282.45 5.f. REPLACEMENT PATIO 4 STAIR SQUARE FOOTAGE 15 NOT LARGER THAN THE EXISTING PATIO SQUARE FOOTAGE. HOU5E REMODEUNG UNDER PREVIOUS PERMIT, TH!5 PERM!T SET FOR DECK RECONSTRUCTION ONLY. \ I ~Q~ I I I I I I I 1b8. ;3 I :~ I I N 72°36' 33" W G) SITE PLAN "AFTER" SCALE, 1/8" = l'-0" I I I I ii I I I I I I I I I I I I I I I >, I 7 w > <( w rv I I I I ' I '-...1 I \ I \ I I I I I I I I ...•..... \__ 0 \ 6 t,'f...\S\\~G r\oust jl,'2.10~ S 72°34' 00" E I I 82.G2 s~ ft L J 0 i 29.10 / 1 1 88.15 / \ / \ I I \ I \ \ \ I \ 237.23 ' \ I \ I I \ \ \ I I ' \ $ \ PROJECT NORTH _ .... i I \ 2: 0: 0: LC; 0 0 0 0) (/) • 0 -0 QJ Q) E ~ 0 I CJ) -0 QJ cu (1l ..c 0 ,;-....., (l] a: (j) c.. ....., (".I -E C C LfJ C ·5 LfJ 0 0 0.. ·.;::; L 0 z (J (J ~ :::J cu en c.. ..c (1l 0 tl CJ C C en LfJ 0 0 c.. (J c6 LfJ 0 QJ r--a: C\l ..>L. Q) (J QJ ..::L. 0 <t ~ 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 I I I I I I 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: I I I 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. I I I I I I \ \ \ \ I I I I I I I I I 1b8.13 :~ I I N 72°36' 33" W LOT I I ii I I I I I I I I I 82.28 I I I I I I I I I / q / 'w I ~ r ✓ <[_ I I // u /' -i w :) z w > <[_ w rv I I I I I I I \ I \ I\ I I I I ' I I ' I b I ---1 I \ I \ I \ I I I i;,., ------/_ -I_ -·-\ - / I:: / I / ! I --.___ ! t-'f-..\S'\\~G ,.,00St­ t71615 S 72°34' 00" E ... o:i / / ~----"<---------, I I 82.G2 sq ft ...... I\\ ________ ,...._ / ,,,,. r---- 1 \ \ \ L ___ _ z 0 &: « w >­ I ---r ---w r---..... -1 ..... - I \ \ \ \ \ L 129.10 / / / , ' 88.,5 / \ / / 132 \ I ' 237.23 ' ' ORGNO t:DPV \ 57.6 '- \ ' ' ' \ \ \ ---.. I I I I I I I I \ \ 2: a: 0: Ir, 3: 0 0 .- .- 0 0) .- er \ \ \ \ \ J \ // $ PROJ ECT NORTH PC Exhibit D • .... "'C 0 Q) Q) E ~ 0 I CJ) "Cl Q) co co .c 0 ..... .µ [D a: 0) c.. .µ (') £! C C ·15 ID C ID 0 0 0.. ·..:, L 0 z 0 0 ~ ::, co (j) c.. co 6 .µ ..c (j) u C C CJ) ID 0 0 c.. 0 c<1 ID 0 Q) f'-a: ru .:,t_ Q) 0 Q) ..:::L. 0 <( ~ 23 JULY 2012 I .. i <J) 12'-' MAIN LEVEL FLAN "BEFORE" 5CALE, 1/4" 1'-0" I, 13'-2' ,------------ DEC K ABOVE I PATIO,; 5TAIR FOOTPRINT ~ 282.83 sq ft ' ' ' STAIR ABOVE LOWER LEVEL PLAN "BEF O RE" 5CALE , 1/4" = 1'-0" J:-. (l) I DD D I MAIN LEVEL PLAN 11 AFTER11 (!) EXTERI O R ELEVATI O N 5CALE, 1/4" = l'-0" 14'-4 12" 9'-7" 0 5CALE, 1/4" = 1'-0" -RESIDENTIAL GUARDRAILS Unenclosed floor and roof opening , open and glazed sides of landings and ramps, balconies, decks or po~ches which are mo.e than 30" above 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 5CALE, 1/4' = 1'-0" REVIEWED for CODE cJ!Jl't{JNGJJP PLAN CHECKED svif (~DATE ~ -~ -1 'Z.- 4X4 POSTS. MFR METAL RAILING 5/4 X G AZEK DECKING 2XIO DECK STRUCTURE 5/4 BEAMI/IT'N' RAIN ESCAPE TROUGHS EXPOSED CEILING TO BE 5/0 X 4, BEADED, PAINTED FOR STRUCT, SEE f'!ANS. TYPWRAf' 2X• 3/4@ GXG CEDAR COLS STONE Wf'N'PED BASE W/CAP PATIO SURFACE MATERIAL T6D BY LANDSCAPE DESIGN 12X12 DIA CONG FTG, BELL TO 10' DIA SPECI L OTE S T 5' 4 ' "' - ~ MATCH EXG RO. -----+ IIU '-~ b ,:, m ;~~;g ~ ~ 9.§,ES£fi8 m .c ~~fl .~; >, m ., E ,: z £ ~ :fi :fi G) :go ·~ C> c, a., a> C E CD+' > in -~ g ';; ~ ~ •-C C. ~ m o w::ic.2'~c, -8 ~ ~ ~!.8i .~; i cr,{J s·~-~76 ;8 ill ~ ~ ~ [:;-~ ~mi=:-i 'E, m,: ~ (!) ~ ·'1=:. i-c~·~ u, .~ C C[oC =a. ~ i ::c >~-Bt ~8 m = ~a,gic"E 0 " C B ~~~-f~ 0 ~ i 5 E C c ,:, C ~ fJ _g ~ 0 u ...J z C :I: (!) ...J ::, u, ::, ~ w m C -""O 0 QJ Q) E ~ 0 I en "D QJ cu co .i= 0 .--...., (]J 0: m '-...., (\') 0 C -C ·5 ID C ID 0 0 D.. ·.o L 0 z 0 0 ~ ::J cu en '-co 6 ...., ..c u en C C (/) ID 0 0 '- 0 C('j ID 0 QJ r-- 0: C\J ~ Q) 0 QJ ..:::L. 0 ·- <! ~ 23 JULY 2012 0 10 W ~ lllllllllll I I I 11 • _....._ ___ -ii SCALE IN FEET ·,2.-256 I . I I I I I LOT 7 I I I / I Lor I I I I I I I I I I I I I I I I I I I I I I I I I 75' I SETBACK--. .. ,.._! LINE , I I I I I I I I I 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 / •o (J) VI z~ 0~ U)~ > w a::: >­m w >­ -<( 0 S 63003'00" E 108.13 LOT I o.A--.. -0 .. · ........ . I I I I I I I I I I I I I I I I I d2.28 \ \ I I \ 34.84 N 72°36'~3" w I ~ ~ ~ ~ ····-···-·········• .. ......................... ---·-·-··-S 72°34'00" E _ ..... ······~-.. 1 ........ .,~· • .. ~ ......... , CONCRETE WALK PLANTED AREA 25.0 ..,. a:i .... .... .... .... z ~ 1.6 ~ w I- ~ u z 0 M () o-i ..... 130.25 88.75 ----,L'-'_,,__.:.....,;:._,,,t_.J....~~=~:z-'~~~:r7:..:.1~.4~~~=::Jf-.L....J-~-.L.~...L...lc7:rT1 _________ s1.a .. __ ........ __ _ I cd ROCK ON FABRIC iM'--'--''--' -: . :..- 1 ~ : -··--........ !,,.. ... ~-··· ..-: T""i pc Exhibit F- ..... 0) M ~ z ~ ai -«, ~ ~ -r::J 0::: r.) -IE c.: e! ·s I- a. 0 u C/l a, (.) Q) L(') > L(') Q) ,._ _,,, N "Cl ... co 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. ·········-··---··-------·--------- O,'// .,,_ •-a.••····-··1 I ~ r0·,1 pi;t'l i" L/·\!'J I fvf c\ ~ii/)~\ j: l j I />"' i 1 Ji(i I I •",,• 1.1;·,)1 ,~·,l l ~: 1 .• ':w, \,~;:i~~~t I '{ f~~-JJL --· -%;_ I LT~tYc-----I :::7z-----L-, /-1 1 1 Hennepin County, Minnesota I .,--<.s;.;;> /,P,..o • -----;,? 0 J ~ ,:/ /Z,,, ~"""✓< ---- i------// ---···-- s tt1:?' f LAN D (L fe-tC tz,eso L-. (vM c;;;~wn:~ 7-/o --s 0 265 l1~0D (tfvl~ ';-:.~ .. ...:, 121 3 1/o, ~ f Ctj I P,.\J~<?-~ ._.,. -- "t1 () r:i :r & ;::;: ;,; 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', I,_, L ) • ... CITY OF ORONO 81 C 0 -+-' C\J (.'. .0 ::l 0.. -0 +-' > C\J "O "+--·~,;.._ 4-•,, <l'.'. C 0.. (l) C C (l) I 4- 0 >, c ::J 0 0 rrf 0 Cf) Q) C C ~ 0 (l) al ...... (f) CfJQJWQJ >-..c:c OJ co ...... u Cf)o i-...92 -:Smm3 nJm..CO 0>,.....,C 0 Cf) .Y 0 0.. co = -E c 2 E (l) 3 Cf) ouoco .. 3cc..c3 CfJco-YuO ~---1-.CQ) :j~C!JCO.D u OJ 0.. co-u oiCO ~02 CU CfJ CfJ ~ 'iii C!l 3 (l) Cf) .D .r:::! (l) § (l) -0 C ·-~ §:5 QJ2..c ~ iil :5 u--~ Q) C ..C 'Dc 0 :J3 C co O CfJ <( '-2 ...... . !!2 (l) 0 ~ Q)~a:~ ..c..c=w (l) .-:::'. al ..0 ~ :5 '~ ..c :J <( -..i.. +-' Q.___J 0 I 'CJ Cl) (/) C!lm.....,cu 1-. ·-::J ·-4--~ ~ :J = (1j (/) o-cu -3 ~:JC/)(1j mo-cu­ ..c m ....., ~ +-' 0 .0 =(1)(/)(\j (\j cu Cl) u ..C C = :t:::UJ co.. 3 C ·-0.. 0 2 (\j "D :;:::; Cl) (1j >, ,._ = 0 .D .Q) Q. ,_ ..c E = u o 0 (1j (I) 0 ::i U U Ul 0-'> C (\j O co ..c OJ ,_ - ,_ C 0..1'--­ (J) :;:::; (/) 0 ft.-~CT:l<( 0.. ...... (/) Cf) 3 C Cl) 0 C 0 Q) (/) ..c +-' f-C ~C!l <C E -Cl) ai C'1 0.. --ci (\j C\.I OJ o..~ 'D Ul _.... C 3;: QJ m C0 E C C'1 CO u (l) 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 +-' --0 (l) ·-u CU C (/) 0 (/) ,.._ .Y. 0 u OJ Cf) Q) (I) C ..C 3 ~ lQ Q) ::J ..0 > o :J 'iii 0 0.. (/) Ji ~I OD 0 C Q) OJ <l u Q) N (I) 'TI ..C C +-' (\j E --o e 0) 0) 0 0 :J (/) 4-+-' ....., C ::J 0 ·;:: o.._ (/) (/) co (1j 3 3 u 'TI 0) C is co o N Q) N ..C . (/) ::0 ;,:; ::, co 0. i:'. u .2 C CO co Cl) ,::)I U OJ? Ql C cu C ::, o..u .Q ,._ C Q) 0 ~ -g >.QJ[1j >, ro ,._ ro 0 'i: 0 ..c :J <( c ~J ·;:: 0.. (l) ..c f- co -­:t= ,_ .Y co ~ OJ (/) cu (I) ·-0.. 3 ..c (/) ..c -~ 3 ~ ..c Cl) (I) 3 C u l! g u ~I i f (¥)1 Q) -g (U Q.l :5. CT) Cl) :5 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) . (/) u C rd 0 i; Cf) m rn:~ 5o• CJ) 'C>l .. l Zw,...-: C ~ W z ~ • o ~ I-z ' ' •-s cna: ~ ~ ! m 3) I -:-, f[ :. <( o .• E t (.)::; ~ ( ;. .COlt!J~L '!>a:::,'. 0 ~ 0....:E (l.t­t <C >-E ·• C £t 2 ~ Cf .~ -... a: t-' 0 ., (1) t oo>,,....., 1' z z: ~ :: co t ~'\·-:er: "~;::Ai'il ~"'. . • " :, xe~-§i -~w' ~~ i -~,,,N>r,'VC' E 0 u ~ 0 U) <ii ti) ::i 111 -~ (l) E E 0 0 ..c: LO U • C: r.n ·­,-~ (/) Q) ~ 0.. Ill (0 ' Ol Ol ~ "' E: . r-­r--' U) r.n .. (/) QJ L-•• > (l) ~ 0 ~ (l) .J) "' (l) 111 E: 3: u O aJ aJ -> > 1, . ~ _g -~ 'O ..C:-111 (l) ·-u >-L.. u [.!= .J) ~ ~ ~ :i;] U Ul En.!:~ro o O 1-C -0lf)==roo OJ 11) ro ..c ~ ~ ...-QJ u ~ ~ l/) m ~u «J w L-"'iu ro u~E .2-5 -a.. :J u ro U1 U1 E: ro w ~ tll ·x ~ 0 ::O ro ro _J ro~oc --~ ----,-Q.NM 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