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HomeMy WebLinkAbout#555 Project PacketLAND USE PLANNING ZONING VARIANCE APPLICATION CITY OF ORONO P.O, boa 66. Crystal bay, Minnesota 55323 473-7357' mr W- IMSTRUCTION5: Please first read the attached Information Sheet. Complete Items 1 - 13 (Type or Print). If needed, attach letter or other information to better describe your request. Incomplete applications will not be accepted. 1. PROPERTY ADDRESS 2480 Casco Point Road, Orono, Minn. Legal description shall be shown on attached Survey, Fahtblt 3 2. APPLICANT p..e Cort.Len G. Cloutier Phone 336-3641 EXHIBIT 1 Mailing Address _2480 Casco Point Road, Orono, MN If Applicant is not owner, e•cplsin 3. OWNER me. Same Phone Mailing Address Date Property Acquired August, 1965 (Moath/Year) I (do) Wot%emfc) also own other adjacent parcels of lan 4. AGENT now None phone rive s. NOTICES should be sent to: X Applicant X Owner Agent 6. PRESENT ZONING USE DISTRICT LR - 1C _ 7. PRESENT USE Residential xx (other) Vacant Lod vacant building(s) Occupied building(*) 5 LIST OF EXHIBITS � Deaerlotlon Initial Application aw t inc udt : 1 _ Application Form 2 W Property Owners List 3 _Certificate of Survel ✓ Fee Receipt 0 JJA Date Received.s— 4 — ' by Staff Information C V i _ Plat Map 5 _ Inventory 6 _ Staff Comments Other Information 7 e 10 11 12 _ 8. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ 2,000.00 _ establish new we _ continue or expend existiag use _ build new add w 1 x coyii,,� Pro jgcsf' C'ommelfF�• Describe request in detail: -- On May 7, 1971, a permit was a a combination boathouse/guesthouse on Lot 3, Block 1, Tillson's Villa, Carmen Addition. Construction was commc,ncecl and almost completea except for — the screen porch portion of the plan. Owner was in the pproce,s of completing thc� cnrPPn t nrnh whon construction was halted on March 26, 19.0. 9. VARIANCE(S) REQUIRED to do the requested York: Lot Area Lot Width Hardcover X Setback (_2L Front _ Side Rear) other Conditional Use Permit Vacant Land Vacant bnilding(s) Occupied building(@) __ 8. DESCRIBE REQUEST ESTIMATED CONSTRTICTION COST $ 2.000.00 e _ establish new use _ eontimn or expand existing use _ build new add an W e x c OIi1P 11E� P r OC t C OmItte ll C Describe reqquest in detail: — rii 1 On May 7, 1371, a permit was applied a combination boathouse/guesthouse on Lot 3, Block 1, Tillson's Villa, Carmen Addition. Construction was commenced and almost c . the screen porch portion of the plan. Owner was in the ro e3s of completing the crrPPn parr- whon construction was halted on March AA �960. VARIANCE(S) REQUIRED to do the requested Work: tot Area Lot Width Hardcover X Setback ( X Front Side Saar) Other Conditional Use Permit 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance With Zoning code requirements: None A. Describe UNDUE HARDSHIP or PRACTICAL DIFFIr(TLTY resulting from strict enforeament of aoai" regulations The owner has approximately 200' of la:-eshore with approximately 2 1/2 a rqs of landmade Vp o 0 Carmen A�dition. The combination boat�iouse_guesthousn structurp�was�substaE� all comptetea in iyii except rvr Liiu 12 Describe EFFECT OF PROPOSED WRRK w en he owner end his wife separated,iover • I on ne! r propert as asd on the eel�.sDo !st general: Completion of the structure wou be n anesthetic improvement to`�e appearance of the neighborhood and will presumab` y be attractive to the neighboring properties who have been patient a s ructure w`Fiic was comRlete for several years. The APPLICANT and the PROPERTY OWNER must sign and date this application. The AfpLlCAhtr hereby agrees to provide all information The CUNM heresy acknowledges and agrees to this appliaatissa required or requested by the Zoning Administrator. agrees and further authorises resseamble entry onto the property to psy all fees and/or unusual expenses incurred it review by City staff. eorsultants. agents. coaaaission ewers, of this applitetion. and cow -cities that the info. tton and C—swil members for purp"es of investigation and oupplied is true and corsact to the best of his knowleApe: verification of this request: �8 F1G i 3'y�-8lJ Appl:ca t s Signature to Owner's i ature Date APPI.TrATTON DEADLINE TER 110) flAY PLANNING C012ILS,& ' CITY OF ORONO, MINNESOTA EXHIBIT Land Use Application TYPE OF APPL.�:ATION LOCATION OF PROPOSAL (or property) __ Sketch Plan Revivw $50 Address 2480 Casco Point Road, Orono, M Lots 1, 3 and 4, Block 1 and Legal Description Outlot, Tillson's Villa Carme Addition APPLICANT Name Cortlen G. Cloutier Tel ##332-510 Mailing2480 Casco Point Road, Oronc, jai Address OWNER Name SAME Mailing Address SAME Present Zoning LR-1C Tel #332-51 ( Subdivision $150 + $10/Lot Conditional Use Permit $30.00 $50.00 Rezoning $250 Vacation $100 (rlini.mum) CV - I' E E _ 1 it J.;.�.� Date Rec' d By i-- Present Use Resident Zoning Ordinance Section Relating to Request 31.700 Specify Ordinance Requirements Application for a conditional use permit, drawing of proposed excavation, $30.00 deposit Explain your request :Znd reasons for same To complete construction of a retain- inq wall, and landscaping, applicant's lakeshore property. Completion of this project would improve the appearance of the neighborhood as well as protecting applicant's pro2erty from erosion. VARIAN equired - extent of nonconformity rea Setback Front_ Side Rear Width Other, explain i li t�T Specify hardships to pro VARIAN equired - extent of nonconformity rea Setback Front _ Side Rear Width Other, explainT ." Specify hardships to pro SUBDIVISION a��*ion Residential Other, explain 7250100- No. oY LOts C0NDITIONAL USE AND OTHER - explain proposed use of property in detail The property will continue in this residential use. MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. Application completed 5. Certified Property Owner's list~ o 2. Plat map section owners within (300') (150')- from 3. Certificate of: survey of property Hennepin Co. Dept. of Finance sketch location and :-,ctbacks of A-603 Government Center proposal Stamped, legal sized envelopes(#1 4. Construction plait: ii applicable pre -addressed to each of the name • o e Al DATA: 1 �=-'� `- __ Applicant's Si ,-oL Y DATE I (^ �� vOwner's Sign Applicant hereby agrees to provide all informatioed or requested by the Zoning Administrator, City Engineer, City Attlanning Commission and Council.necessary to process this applicationther agrees to pay all fees as established by ordinance. 5/79 LAND USE PLANNING ZONIr"G VARIANCE APPLICATION CITY OF ORONO P.O. boa 66, Crystal bay, Minnesota 55323 473-7337 INSTRUCTIONS: (lease first read the attached Imfornrtion Sheet. Complete Items 1 W. 13 (Type or Print). If needed, attach letter or other information to better describe your request. Incomplete applications will not be accepted. 1. PROPERTY ADDRESS 2480 Casco Point Road, Orono, Minn. Legs! description shall be shown on attached Survey. Exhibit 3 2. APPLICANT Kama Cortlen G. Cloutier Phone 336-3641 EXHIBIT 1 Mailing Address 2480 Casco Po:_nt Road, Orono, MN If Applicant is not owner, explain 3. OWNER Kama Same !oiling Address Date Property Acquired August, 1965 (Month/YeAr) ` I (do) fi t>aafc) also own other adjacent parcels of land , 4 . AGENT As— None !hose rim �Iigt A4/r�s. NOTICES Should be sent to: X Applicant X Omer Agent 6. PRESENT ZONING USE DISTRICT LR - 1C 7. PRESENT USE Residential XX (Other) 55 LIST OF EXHIBITS I Description Initial Application moat tnc ode: 1 — Application Form 2 ! i'roperty Owners List 3 Aee'�erttftesta of Survey Fee Receipt I JJA Dace BY Staff Innforimalmtioen t _ Plat Map S _ Inventory b _ Staff Consents Orher Information 7 a 10 11 12 _ Vacant Led Vacant Building(•) Occupied building(•) _ S. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ 2,000.00 _ establish now use _ continue or expend a, toting we _ build now add om -df r c'ommeifi��lte x cat llPg� Proi Describe request in detail: On May 7, 1971, a permit was appincy Tor and approved for t1le cuinstructtun of a combination boathouse/guesthouse on Lot 3, Block ', Tillson's Villa, Carmen Addition. Construction was commencea and almost completed tpie screen porch portion of the plan. Owner was in the process of completing r p sr�rrc�n nnrr-h whPn onG �c- r * ion was halted on March 26. 1980. Vacant Lod Vacant Building(s) Occupied Building(@) S. DESCRIBE REQUEST ESTIMATED CONSTRUCTION COST $ 2,000.00 _ establish now we _ cootime or expand s, fisting use _ build oew add on r 4 Describe request in detail: _x c 1 -1-971 pro c 'odiomme:fL� e On May 7, 1971, a permit was appiled for and approve! for r"e ConStfuuttall of a combination boathouse/guesthouse on Lot 3, Block: 1, Tillson's Villa, Carmen Addition. ConstrucEion was commencea and almost completed excep-c far -- the screen porch portion of the plan. Owner was in the process of completing the gr-raAn pnrCh mhpn t-on-truntion was halted gn March 2Fa, 1980. 9. VARIANCE(S) REQUIRED to do the requested Work: lot Area lot Width Mardcourer X setback ( X Front side Rear) other Conditional Use Permit 10. Describe UNUSUAL PROPERTY CONDITIONS preventing compliance with Zoning code requlrenenta: None 11. completed 12. Describe Completion of the nei L he owner and his wife separated (overt s r properties and oo the "01shborhoO In general: anesthetic improvement tot the appearance be attractive to the neighboring properties wno have been pa ie- aDout tMe structure which was complete for several years. Describe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting fron strict en[oreearent of zoning regulations The owner has approximately 200' of lakeshore with approximately 2 1/2-acrgs of land made up ot Lots armen Addition. The combination boathouse guesthouse structure was substantiall Ln 1911 ex EFFECT OF PROPOSED �T�RK on of the structure won he n hborhood and will presumably The APPLICANT and the PROPERTY OWNER must sign and date this application. The ATRICAIR hereby agrees to provide OWN[] hereby info. tioo Tht OWhereby acknowledges and agrees to this appliextiw required or requested by the Zoning Administrator. agrees and further authorises reasonable mnT onto the '*spertp to pey all tees and/or unusuel expenses incurred in review by City staff. consultants. agents, counission members. of this application. and certifies that the informatior; and Council numbers for purposes of Investigation and supplied is true and correct to the best of his knowledge: verification of duim request Igo Applica t s Signature ate Owner's 6ina ture Date , APP],TCATTON nEADLTNE JEN 10)_11'+_Y. PT ANN T Nr _t_q(lr ISS1l1 11. (cont.) on February 4, 1972, while the project was still being worked on. The owner's marriage was subsequently dissolved and he resumed possession of the property approximately two years ago. An undue hardship is cla med if the owner is not permitted to complete the structure which was legally approved and inspected a number of timer during the course of the construction in 1971. CITY OF ORONO, MINNESOTA CXH'BIT Land Use Application G TYPE OF APPLICATION LOCATION OF PROPOSAL (or property) I Sketch Plan Review $50 Address 2480 Casco Point Road, Orono, MN Lots 1, 3 and 4, Block_ 1 and Legal Description Outlot, Tillson's Villa Carme Addition APPLICANT Name Cortlen G. Cloutier Tel #332-510 Mailinc1480 Casco Point Road, Orono, MN Address OWNER Name SAME Tel #' Mailing Address SAME Subdivision $150 + $10/Lot Conditional Use Permit $30.00 $50.00 Rezoning $250 _ Vacation $100 (Minimum) FEE �t;, St y Date Rec' d Z - 5 ' 1S 71 WIZ05S Ely Present Zoning LR-lC _ Present Use Resident _ Zoning Ordinance Section Relating to Request 31.700 Specify Ordinance Requirements Application for a conditional use permit, drawing of proposed excavation, $30.00 deposit Explain your request and reasons for same To complete construction of a retain- ing wall, and landscaping :applicant's lakeshore property. Completion _ of this project would improve the appearance of the neighborhood as well as protecting applicant's property from erosion. VARIAN equired - extent of nonconformity ea Setback Front__ Side Rear Width Other, explain Specify hardships to SUBDIVISION a ion Residential other, explain CONDITIONAL USE AND OTHER - explain proposed use of property in detail The property will continue in this residential use. G VARIAN equired - extent of nonconformity rea Setback front_ _ Side Rear Width Other, explain +,�1 Specify hardships to pro SUBDIVISION a tion Residential Other, explain -ITo. o f Lots CONDITIONAL USE AND OTHER -- explain proposed use of property in detail The property will c,innt.inue in this residential use. _ .. Iy+ r 5 w MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. Application completed 5. Certified Property Own^r's list- o 2. Plat map section owners within (300') (150')- from ;. Certificate of survey of property Hennepin Co. Dept. of Finance sketch location and setbacks of A-603 Government Center proposal 6. Stamped, legal sized envelopes(#1 4. Construction plans, it appliczi111(_, pre -addressed to each of the name c eA DATE /��- �� Applicant's Gi ,--at _ DATE �(�►.v Owner's Sign Applicant hereby agrees to provide all inforcnation the Zoning Administrator, City Engineer, City Attd and Council• necessary to process this application all fees as established by ordinance. a!ts- ired or requested by 110y, Planning Commission d further agrees to pay 5/78 HC 1233 PROPERTY OWNERS LIST G R d N Q r4A,,t 9- DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 53487 ];?019 LIST SIZE +�_ 1 CERTIFY THAT THE FACTS REPRESENTED ON THIS CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY FINANCE DIVISION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. HENNEPIN CO. FINANC IVI 1 DATE By mum TAX AILING tn-_olm •D.- -E ��- IS % Dui IAWM,AZ 74p6wjw'Wl " �,w " -AI A ■� %j" w, _. WEEW•,.�.. EW s --- WWRAl WA, Fi� _ - ! War I'M 7-)1A 4L — C� -- oEl!�� si_ s oll- 3 G__— r W- Ce- n' IV2-0 - - , Olt �- lo T"A N. 112 SEC.2O , T. "7, R. 23 r n•� i g . RM E IM /q O S C A c t I FNCM too FirerorO1 0l• °"0�° II 21 eulr .., r. -I 012- SHORELINE ORMS CO RO NQ ice— — - -- GQ 8D MO IS CT q .. .. �4 .« 'i. c •• ea NAVARRE ry' .l s -� q•'••m k e ti .«» �'• r� 1� u i • COY! wnsite -irr , . �M: r .1ti w• Ic- its , o� • •�i"p r or XASTER ', cove''• � \� ({'� •, /.v. ��• AL ' 1:'* eQ l C • e .or .o•,,•w•e .e•• r,e o.. quo• ! ,� Cq ):/ ms► t • y r ICE. `j' i 'el too sees 8�r t Rl 04 . W x QL • s •' 1 i yr i z3. - n s•�i• 0 c>pi aoo9 33oa or'.cbQ,�ud ?''4=a . 400 ce��33O'7 - �i� ion . i7� r 8y9..� C A #555 13 4 of. "4o .�.IU •1 •.,1•iri (. A .. 1• • 11 ...FYI ...i:..l ..11..: 4vs,tr •t"' �'1'. •....1 0 I O� c C 001 15/ 4p / 0 I 1 Preby cer',iry t.het this is a I and coi rect -iresenta tior. survey of the boundariPs of 1, 3, and 4, Plock 1, and ,ot 1, Tillson,s �lilla Cardin, the location of all existing dings thereon. It does not Ww O�r �R7rOvef' Durport ;. There is a .�titg 6 �n�roach- "4ast�rl shortage alonr the y snd South'�eterl� lines of tl,,,-deaerlDed Procerty� In no atters�c has teen this surrey to deterr..inP ui thir o:ich the ahortt!ge orrurs. v� 04, LA6 0 .40 'POF ee rti £y that this Is a and correct romesentatior. I surrey of the bnund�ri,s of 1, 3, and `, Plock 1, 3nd at 1, Tillaon�a �lilla �rmern, , po� the location of all existing bra dingo thereon. It uosa not ' Wu otbsr ovroo tsr�ror�-tM �• Thare is a t9 6F Sficrovc�_ ` '""Orl End shortage alour the --daueribed 5ovthweaterly 11n•e of tj,,• din this sv eOcerty;no atternt has teen Ithe short to de..`rrrin� tiir w�icy - ge O�rur:, , EA: a J O . sr of ' �a�ti* F�dsr,eE Sf •�ot5 .Q Iry Cal �!, 0006 jo 0.1104, L'k` 3Stf.:: T CITY OF ORONO CALLED -IN DATE • 555 INSPECTION NOTICE SCHEDULED PERMIT NO. _ _ COMPLETED 31t i ADDRESS. . -- �•, _-�-��. OWNER CONTR. 1 TELEPHONE NO. O FOOTING ❑ PLUMBING RI ITE INSPECTION O FRAMING ❑ MECHANICAL O EXCAV./GRADING/FILLING O INSULATION ❑ WATER HOOKUP O LAK ESHORE/WET LANDS , O WALL BD O METER SET/TURN ON ❑ LICENSING W 0 FINAL O SEWER HOOKUP O COMPLAINT ti tl O PROGRESS O SEPTIC INSTALL. O FOLLOW-UP H O DEMOL. ❑ SEPTIC MAINT. O SEPTIC FINAL Ij O FIRE PREV. ❑ WELL TEST PUMP O COMMENTS: =T Lt.,Ld Ilir-;C;%AL erCIA I O WORK SATISFACTORY PROCEED O PHOTO TAKEN O CORRECT WORT " PROCEED O CORRECT WOF L FOR REINSPECT ION BEFORE COVERING CORRECT UNSAFk wNDITION WITHIN HOURS. INSPECTOR WILL RETURN. STOP ORDER POSTED. CALL INSPECTOR. O INSPECTION REQUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hours inwnce. Owner/Co tr. on site Inspector 47*7W Y - � White Copy/Inspector's File /' Gold Copy/Site Notice CITY of ORONO fast tlffice N-x tl *Crystal Ba,r•. Minnewata 553V0Municipal Offices On the .Borth Shore' of Lake Minnetonka April 9, 1982 Mr. Glenn Cook Bonestroo, Rosene, Anderlik and Associates 2335 West Truck Hwv 36 St. Paul, MN 55113 He: 1. #680 David butler, 4685 North Shore Drive - Conditional Use Permit 2. #674 Cortlen Cloutier, 2480 Casco Point Road - Conditional Use Perrlit Dear Glenn, Please review the enclosed applications that involve lakeshore improvements to be presented at the April 19, 1982, Planning Commission meeting. I will need your response by Friday, April 16, 1982. 1. Butler application appears routine. The section of the retaining wall has been enclosed. Please let me know if you need additional information. 2. Cloutier application is not so routine. There is pending litigation concerning the boat house structure but it would appear that the proposal includes the necessary removal of the second story. From what I can gather after a brief meeting with Cloutier the enclosed plans were drawn by an over ambitious drafts- man. His real intention is best depicted on exhibit A. Please advise if additional information is required. Sincerely, ty Y Jeadne A. Mabusth Toning Administrator Hand Delivered 4/9/82 N111 M%\ , & 141\I\(. 473.7157 • 1)N1%1%1RAIION A I INA%t1 47) 735M • I'I it! it VMRKS 471-7.159 %SS1 SS1\c, CITY OF ORONO INSPECTION NOTICE PERMrr NO. ADDRESS OWNER _L TELEPHONE NO. DATE TIME CALLED -IN SCHEDULED COMPLETED �- 1 O r O FOOTING O PLUMBING RI O FRAMING O MECHANICAL 0 INSULATION ❑ WATER HOOKUP 0 WALL BD. O METER SET/TURN ON ❑ FINAL O SEWER HOOKUP O PgOGRESS 0 SEPTIC INSTALL O DEMOL. O SEPTIC MAINT. O FIRE PREY 0 WELL TEST PUMP COMMENTS: CONTR. SITE INSPECTION 0 EXCAVJGRADING/FILLING 0 LAKESHORE/WETLANDS 0 LICENSING O COMPLAINT 0 FOLLOW-UP 0 SEPTIC FINAL 0 ❑ WORK SATISFACTORY PROCEED O PHOTO TAKEN O CORRECT WORK d PROCEED O CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING O CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN. O STOP ORDER POSTED. CALL INSPECTOR 0 INSPECTION REQUIRED CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Coon on site Inspector 473.7357 White Copy!In tof's File Gold Copy/Site Notice Jun 19 Jeanne Mabusth Zoning Comm. Adm. 3 5 Orono City Hall Crystal Bay, W. 55331 The Orono 301ding ins. ecter, Mike :icheller, sto: peu at oi.r hor.e about May 1, 1971. He informed us of a boat house going u on %h«- Cloutier prol.erty at about 2480 Castco. Pt.Rd. He stated that it "Ms to be of cement block construction and to be undercround and ca t ed' off with a deck. He asked if we wouldhave any o! jecti.on to a structure such as this. Both Maurine and I questioned him about the former attempt at, this construction, not having :locks u, to code and the failure to obtain a permit. Mr. 3c}:f-11Nr c-tated that the new const.r xtion would be brought up to code and that a permit could be issued if there was not any neighborhood objection. We agre-t'. to allow the construction as stated above and within the limits and validity of the permit which was to he issued for five hundred dollars. When the cement blocks were ca} ped o2'i at ground level and the deck (and/or roof)boards were nailed down, my understanding was that it was complete as per agreement with A'.r. Scheller and within the full limits of the permit. j 1; Frederick St. ..ayzata, P4 . `5391 4--40-- ,= Je4nne 4apmeth Zoning Administrator of City rono 555 On or about May 1�1971 1 was notified of const-r^-�r:t.ion being done on the property of Cortlen 'loutier of 2480 Casco point Ad. No permit had been issued by the inspector at this time. When I arrived at the scene, the blocicwork had already collapsed due to X early back `'ill, rain the night before and non conforming (8) eJ.E! t incl. blocks. When I talked to Ar Cloutier about the collar sea structure and failure to get a building permit, he stated to me that it wA s a g ground level boathouse, and `..h8t 'ha material coct would not exceeed $500.00( rive hundred Dollars). I wert to sev',rsl of the neighbors, among them Wilbur and Maurine ftWe.rsen at 3555 Frederick 3t, and they said they would have no objection to a ground level boat house. Witt! this I issued a Vw mit # 2495 for $500.00 ( Five hundred Loliars) in materials at a fee of $5.u0( five collars). Wher the concrete Block wcrk was finished, comprisint of"-2 inch Hock, and the boat house was capped off, I checked it out and assumed that it was complete as per our agreement with hir. Cloutier, the rate of fee for permit paid/and the negoti<-tio:i I had with the Neighbors. Former ildine Spector Notarized: cMaa-ine dl e,,« ao. A- June 25_ 1980 M� .ogM".00 a.pres iM 4. 1986 1980 Notary: 11 t _ R, #5� ECH & DOHIs AT LAw 610 MIDREST PLAZA BVILDINO MIN rAPOLIfS, MINNESOTA 88409 CORTLLN o• CLOUTIER AREA. CODE we TELEPHONE OM-3641 JAM2111 M. MvsECR RlcaAxa S. Donis ORsoollr E. Joaxsrox PA.TRIC! J. FINNSOAN May 5 , 1980 TUOMA% J. DtsseLL Ms. Jeanne Mabusth Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 clj� D CITY. OF. ORONO. COLUMBIA HEIGHTS OFFICE 3944 CENTRAL AVENUE N. E. MINNEAPOLIS, MINNESOTA 55421 TELEPHONE )612) 786-9076 RE: Variance Application for 2480 Casco Point Road, Orono, MN Dear Ms. Mabusth: Enclosed herewith for filing with your office please find a Zoning Variance Application and supporting documents for the above captioned matter. Also, enclosed please find our check in the sum of $80.00 to cover your office's fees for the variance application and a conditional use permit. Please notify our office of the time, date and place for the Planning Commission Meeting at which this matter will be reviewed. Should you require any further information please contact me at your convenience. Thank you for your cooperation. Very truly yours, Thomas J. Bissell TJB/db Enclosures M CONFIDENTIAL MATTER IN LITIGATION TO: Desyl Peterson FROM: Jeanne A. t4abusth DATE: May 6, 1982 SUBJECT: ##555 Cortlen Cloutier - Formal Complaint Chronology of Events 5-7-71 Building Permit issued for boat house. 12-6-71 Request for combination - combined all of his properties within Tillsons Villa Carman. 1-2-77 Field sheet - assessor *1 3-26-80 Stop work order issued by Jacobs for work being done on lakeshore structure 5-5-80 Cloutier letter - filing of application 5-6-80 Application fileu (variance - conditional use permit) 6-4-80 Zoning Administrator's memo for 6-9-80 Planning Commission meeting. 6-9-80 Planning Commission minute - work session 6-10-80 Notification of Planning Commission action *1 6-16-80 Inspection by Tom Jacobs by Planning Commission 6-18-80 Follow up inspection - determine size of existing structure 6-19-80 Zoning Administrator's memo for 6-23-80 Planning Commission meeting 6-23-80 Planning Commission minutes 6-24-80 Affidavit - Mr. and Mrs Anderson neighbors of Cortlen Cloutier 6-25-80 Affidavit - 2 Scheller - Orono Building Inspector 7-24-90 Planner's memo for Council meeting 7-28-80 7-28-80 Council minutes - referred back to Planning Commission based on receipt of new information 7-31-80 Nc. F cation of Council action 8-13-80 -- ..ner's memo to Planning Commission 9-22-80 Cloutier response for Planning Commission meeting of 9-22-80 9-22-80 Planning Commission minutes - application tabled for additional information - request by applicant to relocate boat house structure *1 11-4-80 Inspection notice - Tom Jacobs - no permit for reroofing of principal structure 11-4-80 Permit #R4380 issued for reroofing #555 Cortlen Cloutier Page 2 Chronology of Events 11-12-80 Zoning Administrator's letter notifying Cloutier of deadline for scheduled action meeting of Planning Commission 11-25-80 Zoning Administrator's memo to Planning Commission for meeting of 12-1-80 12-1-80 Planning Commission minutes - Planning Commission tabled application until meeting of 1-19-81 12-3-80 Notice of Planning Commission action 1-13-81 Zoning Administrator's memo to Planning Commission 1-19-81 Planning Commission minutes of 1-19-81 - Planning Commission denied application (4) Ayes, !1) IJay. 1-20-81 Inspection notice - stop work posted work clone without permit on Cloutier's garage *1 1-28-81 Inspection notice - stop work posted work done without permit on Cloutier's garage 2-2-81 Planning Commission renotification *1 2-2-81 Permit #4420 issued for structural repair of garage 2-2-81 Zoning Administrator's memo to Council for meeting of 2-11-81 2- 11- 81 Council minutes 2-12-81 Notice of Council action 2-23-81 Council minutes - tabled at request of applicant 2-24-81 Notification of Council action 3-9-81 Council minutes - formal denial of conditional use permit and variance (4) to (0) - Resolution #1254 3-9-81 Resolution #1254 3-10-81 Notification of Council action 7-13-81 Zoning Administrator's letter `notifying Cloutier of deadline date for removal of second story of boat house 7-15-81 Police report involving unauthorized work along shoreline of Cloutier property *2 7-15-81 Zoning Administrator received word of the lakeshore improvement being performed without the necessary review and permits 7-16-81 Stop work order issued - inspection confirmed reports from neighbors 7-17-81 Citation 33 581438 issued *2 7-17-81 Letter hand delivered with citation advising applicant that he would be allowed to restore lakeshore bank and need for placing of hay bales along shoreline. *2 7-17-81 Inspection notice - Stop woilc order had been removed and additional work performed within 24 hour period. 7-20-81 Inspection notice - advised Cloutier would appeal the citation 7-27-81 M.C.W.D. letter #555 Cortlen Cloutier Page 3 Chronology of Events 8-21-81 Bruce D. Malkerson memorandum 9/81 Site inspection with Bruce Malkerson, Alan Olson, and Jeanne Mabusth with Cloutier - He advised that he would probably file an after the fact application with the City for t.ie proposed lakeshore improvements. 12/81 Cloutier visited City offices to discuss application. 1/82 Called office to discuss filing and schedule 2-2-82 Peterson letter 2-25-82 Application #674 filed 3/82 Cloutier visited the office to discuss with Tom Jacobs and Jeanne Mabusth the plans presented with the application and stated that the plans were not exactly what he had in mind and that he was open to suggestions from staff which is exactly what we gave. He asked that the application be postponed from scheduled March 15, 1982 meeting to the April 19, 1982 Planning Commission meeting. 4-12-82 Zoning Administrator's memo and packet for Planning Commission meeting of April 19, 1982. 4-19-82 Planning Commission minutes - Applicant asked to withdraw application 4-20-82 iv�tification 4-30-82 Inspe(.tion notice - Cloutier plans to restore disturbed area to original state. Advises staff of his intention concerning second story. *1 - Tom Jacobs - detailed chronology 3-26-80 - 2-2-81 *2 - Jeanne Mabusth - detailed chronology 7-15-81 - 7-20-81 EXHIBIT B - Site Plan - proposal for relocated guest house EXHIBIT A - Survey of property CLOUTIER, .MUSECH tie Danis ATTORNEYS AT LAM /► O10 MIDWEST PLAZA BUILDING NIINNEAPOLIS, %IINY-,SOTA 66402 COIRTLEN 0- CLOUTIER AREA CODE 612 TELEPHONE M%-L11641 JA�XE• M. MUSECn COLUMBIA HEIGHTS OFFICE RICHARD S. Donis 3964 CENTRAL AVENUE N. E. GREOORT E. JonxstoN MINNEAPOLIS, MINNESOTA 55421 PATRICK J. FMWEQAN TELEPHONE (612) 768-9076 May 21, 1980 Ms. Jean i tabus th City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Mabusth: iclosed please find the 25 $.15 stamps you requested in )nnection with Mr. Cloutier's request for a land use variance. Yours very truly, -! 07 Gail L. Menne Legal Assistant glm Enclosure TO: FROM: DATE: SUBJECT: #555 Planning Commission and Council Jeanne Mabusth, Zoning Administrator June 4, 1980 #555 Cortlen G. Clo;_ier, 2480 Casco Point Road CONDITIONAL USE PEkMI, AND VARIANCE ZONING DISTRICT LR-1C (1/2 Acre Minimum) AREA: Approximately 2-1/2 Acres APPLICABLE ORDINANCES: 31.100 Definition Non -Conforming Use 31.108 Intensification of Non -Conforming Use 31.110 Use Issue - Direction to Council 34.027 Guest House 34.202 Lakeshore Hardcover Regulations A stop work order was issued at 2480 Casco Point Road on March 26, 1980 for work being done without a permit (see Exhibit A). The building inspector was advised by the general contractor that a deck and screened porch were being constructed on the second level of the existing lakeshore structure. Mr. Cloutier claimed ignorance of any violation because he assumed the original permit #2495 (see Exhibit B) was still in effect. The original building permit was to cover the construction of a. 30' X 20' boat house - there were no plans on file with permit. The applicant contends the original structure was to be two stories with a deck around the upper level and that the second level was to be used as a guest house. On the face of the application, Mr. Cloutier explains the reasons for the delay in completing the structure. Staff advised the applicant that he would have to apply for a conditional use permit for guest house use (second level of structure) and the proposed deck and screened porch involved an intensification of a non -conforming use. In addition, a variance application is necessary because of the additional encroachment into the 0-75' setback area. Review of Application: a) Hardcover Variance - Allowed: Existing: Additional: 0 629.8 s.f. 399.4 s.f. 1f.29.2 s.f. Total Proposed Hardcover The applicant does not have a hardcover problem on the rerainder of his 2-1/2 acres. ) r June 4, 1980 #555 Cortlen Cloutier 2480 Casco Point Road C.U.P. & VARIANCE Page 2 555 b) Guest House Use - In review of the guest house use standards, the application does meet the area and non -rental requirements. The use would be located in a non -conforming structure within the 0-75' setback area. Applicant should be questioned concerning additional construction involved in converting second floor to guest house apartment. Will the guest apartment have plumbing or is there already plumbing? How does the City control future use if property sold? Is this another potential Seifert lakeshore cabin? Planning Commission should consider approval based on specific construction controls - example: guest apartment is not allowed plumbing. c) Intensification of Use - According to the City's records, this structure is defined as a boat house. the application involves the additional use of a guest apartment and a deck and screened porch addinc, additic.ial hardcover within the lakeshore setback area. Planning Commission should review the application carefully and decide what additional information is necessary for complete review and action at the June 23, 1980 meeting. MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 5 Mark Fuller and Mrs. George Matchett, owner and grandmother of the applicant, were present. The application is a renewal of a lot area and lot width variance application approved in the summer of 1978. The drainage ditch running along Elm Street in front of property was reviewed and applicant was again advised that the Public Works Coordinator must determine size of culvert for driveway to proposed house. Jabbour moved to approve the lot width and area variance of Mark Fuller based on the hardship that there is no adjacent land available and subject to the following conditions: 1. Lots 7, 8 and 9 must be combined as one building site. 2. All construction to meet setback of the zoning district LR-lB. 3. Public Works Coordinator to determine culvert size for proposeu driveway. Motion seconded by Frahm. Vote: Ayes (5), Nays (0). Motion passed unanimously. Mrs. Mertz was present. Mabusth reviewed the two lot plat and stated that each lot meets the standards of the zoning district. The existing structures on Lot 2 meet the setback from the proposed lot line. The On -Site Manager will prepare a report on septic information provided by applicant. A Public Information Meeting has been scheduled for June 23, 1980. Mr. Cloutier was present. Mabusth reviewed the application. The variance was required for a proposed 3' deck addition to be constructed along the sides and lakefront of the existing structure. Mr. Cloutier stated thr.t he has no such pla- and that the attorney who handled the appli,,-cion was mistaken. Mabusth continued with the following review of the conditional use permit. A CUP is required for the guest apartment use and the intensification of a non -conforming use . The intensification results from quest apartment request and proposed screened porch to be con:-ructed on second level. MARK FULLER 4055 Elm Street VARIANCE (#562) E. T. MERTZ 1820 Fox Street SUBDIVISION Work Session (#557) i �CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMI VARIANCE Work Session (#555) MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 9, 1980 - PAGE 6 Mr. Cloutier contends that the guest apartment was part of the original plans with the building permit and that the building inspector at that time worked closely with him on the project. Mabusth noted for the record that the original building permit was written for only a boathouse 20' X 30' for construction valuation of $500.00. She added even in 1971 a CUP would have been required for the guest apartment. Cloutier stated that power was connected through the main house. Sewer and water lines have been placed underground between the main house and the boathouse but not connected. Jabbour questioned if the Planning Commission had the right to approve the intensification of a non- conforming use. In effect, we would be granting a variance and this is not legal. Cloutier contends he is just finishing the original project begun in 1971. Wilson noted that repairs to the structure would be in keeping with the ordinance's requirements but the additional uses such as screened porch and complete remodeling of guest apartment is another issue. The staff was asked to report on the following before the June 23, 19SO meeting: 1. Check on legality of hookup of utilities to main house. 2. SAC for guest apartment. 3. Subject lots combined and how they were assessed. 4. Building inspector to determine new construction on second story. Mr. and Mrs. Mortenson were present. The Mortensons reviewed their plans for the greenhouse operation and noted they would grow only rare orchids. The site would provide adequate parking area for this level of operation. Mabusth asked that before the action meeting the Planning Commission review the site and the neighborhood in relation to the proposed commercial operation. Mr. Mortenson submitted a CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMI VARIANCE (#555) Cont. ROBERT MORTENSON 1205 Arbor Street CONDITIONAL USE PERMIT Work Session (#560) petition signed by their neighbors in Crystal commenting on their existing op -ration (see Page 6A). The Chairman advised that the Planning Commission will act on this application at their next scheduled meeting. Jabbour moved to approve the Minutes as submitted. APPROVAL OF MINUTES Motion seconded by Hannah. Vote: Ayes (5), May 19, 1980 Nays (0). Motion passed unanimously. Meeting ad3ourned ADiOURNMENT 9:45 P.M. (CITY of 01RONO Pest Office Box 669Crystal Bay, Minnesota W11 * Municipal Offices Telephone 473-7357 Cortlen Cloutier 2480 Casco Point Road Wayzata, Minnes.)ta 55391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting June 9, 1980 Votes: 5 For 0 Against Planning Commission recommends the following: Control No. _ 555 XX Variance --— Conditional Use Permit Subdivision, Preliminary Date of Notice June 10-,_I ,0 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study XX No action required NOTES AND SPECIAL CONDITIONS aApplicant's next scheduled meeting is confirmed as: Planning Commission June 13, 1980 _ Council F1Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the meeting is ; or for the _ meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission Minutes they are available from the Building and Zoning Secretary upon review and approval by the Planning Commission. cor;04 411� CITY OF ORONO CAS LED -IN DATE TIME INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS C4sf f cc /(? n /G OWNER CONTR. TELEPHONE NO. O FOOTING ❑ PLUMBING RI O SITE INSPECTION O FRAMING ❑ MECHANICAL ❑ EXCAV./GRADING/FILLING O INSULATION O WATER HOOKUP ❑ LAKESHORE/WETLANDS O WALL BD. O METER SETlTURN ON ❑ LICENSING 0 FINAL O SEWER HOOKUP ❑ COMPLAINT O PROG!4ESF ❑ SEPTIC INSTALL. O FOLLOW-UP O DEMOL. ❑ SEPTIC MAINT. O SEPTIC FINAL O FIRE PREY. ❑ WELL TEST PUMP ❑ COMMENTS: S'TRvcZ Ore_ A LSo sho . • s, -1' A T 5TVCLtn i _S inN A_CL Ex'fe-mi&i tNLludtPiss %&3&LL Thsz 3EcA•�z w 4 L L A P t E L �5'C A D S ,At_fLe u O WORK SATISFACTORY PROCEED XHOTO TAKEN O CORRECT WORK i PROCEED ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING O CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN O STOP ORDER POSTED. CALL INSPECTOR. ❑ INSPECTION REOUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. Owner/Contr. on 4%3" %W White Copy/Inspector's File / Gold Copy'Site Notice CITY OF ORONO CALLED -IN DATE TIME INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS 1 Y 0 �� I'7 OWNER CONTR. — TELEPHONE NO. O FOOTING O PLUMBING RI ❑ SITE INSPECTION O FRAMING O MECHANICAL ❑ EXCAV./GRADING/FILLING O INSULATION O WATER HOOKUP ❑ LAKESHORE/WETLANDS O WALL 8D. O METER SET/TURN ON ❑ LICENSING O FINAL O SEWER HOOKUP ❑ COMPLAINT ❑ PROGRESS O SEPTIC INSTALL. ❑ FOLLOW-UP O DEMOL. ❑ SEPTIC MAINT. O SEPTIC FINAL O FIRE PREV. G WELL TEST PUMP O COMMENTS: I 4 w 1 V' ---- ---.r. - --A O WORK SATISFACTORY: PROCEED O PHOTO TAKEN O CORRECT WORK & PROCEED O CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING O CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL. RETURN D STOP ORDER POSTED. CALL INSPECTOR. O INSPECTION REOUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hoursjp,advance. Owner/Contr. on site r 473w7U7 White Copt►/lnulmtor's Fib / 0/ Gold Copy/Site Notice TO: Planning Commission and Council FROM: Jeanne Mabusth, Zoning Administra #555 DATE: June 19, 1980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road VARIANCE AND CONDITIONAL USE PERMIT At our June 9, 1980 meeting, staff was asked to respond to the following: A) Legalities of hookup to main house utilities: All such work would have required separate permits that is if a guest house or apartment had received official approval with a conditional use permit. There is no record of a permit being issued for the connecting sewer and water lines. A sewer unit and SAC charge would have been required also a separate water meter installed and water unit charge. Ile SVCk ckarrs WV#e NO B) How is the subject property assessed? fwc4 �r.•+� <<t/r t1Kr� The applicant applied for a combination of his three residential lots and road outlot on December 6, 1971. The property was assessed for one sewer unit. The assessor values the boathouse at $1,200. C) Determination of new construction: The building inspector determined all new construction involved only the screened porch area. The constructioi, was noted to be most recent by the condition of the wood. Photographs were taken for review at the Planning Commission Meeting of June 23rd. Review of Applicant's position: The applicant contends he applied for a building permit to construct a boathouse and guest apartment valued at $20,000. He notir the value and extent of the construction must have been obvious to the building inspector. Due to personal problems, the construction was never completed. He returned to the project after some eight years not realizing a new permit was required. It is his position that the screened porch and guest apartment were all apart of his original plan and not additions or intensification. June 19, 1980 Cortlen Cloutier 2480 Casco Point Road Variance & CUP Page 2 Staff's review of the application and recommendation: The building permit dated May 7, 1971 was issued for only a 20' X 30' boathouse. This permit is no longer valid. A building permit is invalid if an inspection has not been called withir- 120 days. A request for a new building permit opened the entire proje^t up to a zoning review. At this point in time a screened porch and the remodeling of the second story room into a guest apartment cannot fall under simple repair or alteration. In 1971 the zoning code would have required a CUP for guest apartment use. The boathouse is non -conforming because of its location within the 0-75' setback area. Planning Commission should review the non -conforming use sections of the zoning code (31.100 - 31.110) specifically 31.105, 31.108, 31.109 and 31.110. The code defines the intent and future for all non -conforming uses and structures........... to gradually fade away...... The applicant can paint and repair his boathouse. Repairs can be made to the second story deck and interior room. Planning Commission may grant a CUP for the applicant to construct a guest house meeting principal structure's setbacks and most certainly out of the 0-75' lakeshore setback area. Applicant would be charged for an additional water unit and sewer unit - an additional SAC charge would also be collected with a building permit. Planning Commission may not legally grant a variance to the standards set forth in the non -conforming use sections of the code. 3 4'- 6 `N 00 i Ad+ 4 %o" LAKE = -ar- a- 1 N� r .'MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 23, 1980 - PAGE 2 Hannah moved to recommend approval of the two lot plat contingent upon the following: 1. Flowage and conservation easement taken over the designated wetlands. 2. Lot 2 to grant a private driveway and utility easement to Lot 1. 3. Septic installation shall conform to the On -Site Systems Manager's report and septic design to conform with the consultant's recommendation. 4. Payment of a park fee for Lot 2 of $200. Motion seconded icy Jabbour. Vote: Ayes (7), Nays (0). Motion passed unanimously. Mr. Cloutier was present. He was given a copy of the" staff memo to read before any discussion commenced. No public comments were heard. Mabusth stated the applicant is not reyLesting additional deck, but only screFning. Hammerel asked the applicant if he was aware that his building permit has expired; Mr. Cloutier said that was what he hi- been informed. Hammerel further brought to Mr. Cloutier's attention that the Planning Commission may not legally grant a variance to the standards set forth in the non- conforming use sections of the code. McDonald stated she felt this application was not increasing the hardcover which already exists and that adding a roof was not expanding the usage. During further discussion, it was stated that use, not hardcover, was the issue. At that time, Mr. Cloutier stated he never intended to use the structure as a guesthouse; he was more interested in finishing the screened porch. JOHN BROOKS 795 No. Ferndale Rd. SUBDIVISION (Cont.) (#551) CORTLEN CLOUTIER 2480 Casco Pt. Road VARIANCE & CONDITIONAL USE PERMIT (#555) Hammerel noted that he felt an interpretation of the non -conforming use sections of the zoning code by the City Attorney is necessary before the Planning Commission can make a proper recommendation. Wilson noted the difficulties in distinguishing between non -conforming uses and non -conforming structures in the zoning code when determining if this application really involves an intensification. Does the addition of a screened porch to a non -conforming structure involve an intensification of a non -conforming use? The Code seems to distinguish between the two. Jabbour noted that at the June 9th meeting, he had asked staff to interpret the non -conforming use sections of the Code. In review of that interpretation in the staff memo dated 6-19-80, a screened porch and quest apartment is an expansion of a non -conforming use. This body cannot legally grant a variance to this section. It should also be noted for the record that installation of the utilities were done without permits. MINUTES OF A PLANNING COMMISSION MEETING HELD ON JUNE 23, 1980 - PAGE 3 Jabbour moved to recommend denial on the grounds the CORTLEN CLOUTIER Code specifically prohibits us from expanding a 2480 Casco Pt. Road non -conforming use and no hardship had been shown VARIANCE & CONDITIONAL for the variance. Motion seconded by Frahm. USE PERMIT (Cont.) Vote: Ayes (4), Nays (3). Motion passed. (4555) McDonald was opposed as she felt the variance and conditional use permit should be approved based on the following: 1) trees screen the structure from adjoining neighbors and Or, is not interfere with their sight line, 2) ne. _)ors voiced no objection, 3) there will be no additional hardcover, and 4) the granting of the proposed variance will not in any way impair the public health, safety, comfort, morals, or general welfare. Hannah was opposed to the motion as he favored tabling the application pending receipt of more information from the City Attorney. Hammerel was opposed to the motion as he also favored tabling of the application until an interpretation from the City Attorney could be obtained. Mr. Hawkinson was present. Mabusth stated the On- RICHARD HAWKINSON Site Manager feels it is unnecessary to delay 4625 West Branch Rd. preliminary approval of this plat as testing has SUBDIVISION provie I L.,fficient proof that the designated lot (4556) lint 1 provide adequate and suitable area for drain 1. Wilso-i moved to recommend preliminary plat approval_ of the Haw"_nson plat, subject to the following conditions: 1. Conservation and flowage easement over designated wetland. 2. Road and utility easement over the 25' private driveway corridor - lcigth to equal distance of adjacent Moore easemert. Applicant to supply metes and bounds description for driveway. 3. Dedication of additional right of way for West Branch Road. 4. Park dedication fee of $200.00 for Lot 2. TO: Planning Commission and Council FROM: Jeanne Mabusth, Zoning Administrator DATE: July 2, 1980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road Conditional Use Permit and Variance Staff Update Planning Commission asked for an interpretation of the following section of the code 31.110 - as to determining what structure on a given property is defined as non conforming use/structure. In addition does this ordinance also make a distinction between a non conforming structure and a non conforming use. 31.110. Apply to"Uses" Only. The non -conforming use provisions of the Zoning Code apply only to the use to which land and buildings are put, and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Code. Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under 32.300ff. It is this section that gives Council broader discretionary power in dealing with existing principle structures located within setback areas, on substandard lots, etc. The City does not recognize these principle structures as non conforming uses/structures. A boat house with similar setback problems although seemingly a compatible residential use becomes a non conforming use/structure by it accessory classification. Council's policy on lakeshore accessory structures is a fair and reasonable use of its "police power". The City controls encrouching principle structures by setback, area, width and hardcore standards, never by designating them nonconforming uses --the City would have to rent Court space. As to the distinction between structure and use - there is none. An accessory structure becomes a non conforming use/structure because it does not meet the standards of the district. The non conforming structure although a permitted, compatible residential use, such as a boat house,lakeshore cabin (accessory to pri-,_iple structure such as Seifert Case) is considered a non conforming use. Update of Cloutier File a) Scheller letter dated June 25, 1980 Review of facts 1- Construction begun without 2- Scope of original permit - 3- Fee based on following: a -Cost of Material b-Work done by o.-ner c- Ground level boat house permit boat house at ground Le-e � (30' x 20'), capped off with a deck. TO: Council FROM: Alan P. Olson, Village Planner DATE: July 24, 1980 #555 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road CONDITIONAL USE PERMIT & VARIANCE The subject of this application is an expanded boat house located within 40 feet of the shoreline. The City received a complaint of new construction in progress and inspected on March 26, 1980. A stop work order was placed for work without permits after finding: 1. An existing 18 X 34 boat house witn an existing 18 X 20 second story addition with surrounding deck totaling 24 X 35. 2. A 14 X 18 addition underway on the second story, extending toward the lake, including new stud walls and roof and large new windows riot yet installed. 3. Partial installation of a new furnace. 4. Partial connection of sewer and water to the structure for a kitchenette innlace. Mr. Cloutier made his application and contended that the work underway was merely completing work started in 1971 but never completed. The Planning Commission reviewed the application on this basis. The Planning Commission denied the guest house conditional use permit and variance for work within 75 ft. of the shoreline, finding no hardship to justify expansion of a non -conforming use and inability to grant a variance to Section 31.101 so that one non -conforming use (boat house) could be changed to another non -conforming use (guest house). The net result of this finding, if upheld by the Council, would be to cause removal of the new framing and new furnace and to prohibit new water and sewer connections, but to allow the existing two-story structure to remain. After the Planning Commission meeting however, new information was received which may be cause for total removal of the struc'ure because of a history of continuing similar violations. July 24, 1980 #555 Cortlen Cloutier 2480 Casco Point Road Conditional Use Permit & Variance Page 2 #555 Unsolicited letters were received from neighbor Wilbur Anderson and from retired building inspector Mike Scheller. They state: 1. The original boat house was started without permits; was constructed improperly and infact collapsed before inspection by Scheller. 2. The permit issued in 1971 was never intend.L to cover anything except a one story 20 X 30 boat house capped with an open deck. All second story work has therefore been done without authority sometime between Scheller's final inspection and March, 1980. In addition, the 1980 assessed fair market value of the total building is $1,200. Section 31.106 requires removal of any non -conforming structure with an assessed value of $3,000 or less within 36 months of January 1, 1975, or no later than January 1, 1978. A 1978 Minnesota Supreme Court case also involving an unpermitted addition of a second story to a non -conforming boat house upheld an injunction ordering compliance with the ordinance that prohibits such construction, i.e.: removal of the non -conforming portion of the structure. That ordinance permits single story boat houses, our does not. Therefore, in concurrence with the Planning Commission and in light of the new information, I recommend denial of the requested conditional use permits and variances, and I further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106. If for some reason, there is shown to be cause for allowing some work to remain, the Council wc,"I have to make the following findings and approvals, none of which ve been made: 1. To keep a single story boathouse only: a) find that value exceeded $3,000 as of 1-1-75, and notifv assessir of change b) approv conditional use permit for a non -conforming use as of 1-1-75, Section 32.480 2. To keep any second story shell, without dwelling capability: a) Find that it existed before 1-1-75 July 24, 1980 #555 Cortlen Cloutier 2480 Casco Point Road Conditional Use Permit & Variance Page 3 #5�5 b) find that it existed before Ordinar,7:e No. 155, 2-14-74 (75' setback) c) find that it was never an unpermitted expansion of a non -conforming use d) authorize building permit approval after the fact, subject to full code compliance and payment of all fees and penalties. 3. To allow guest house use, all findings above plus: a) find it was so used before 1-1-75 b) approve guest house conditional use permit, Section 34.027 and variances to lot area, side setback and lake setback c) require installation of sanitary facilities d) require payment of additional SAC, sewer unit and water unit charges REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 15 If Mayor Van Nest moved, Butler seconded, to table the HUSSMAN INVESTMENT application of Hussman Investment Company, 3E60 Shore- 3660 Shoreline Dri line Drive, until the next Council meeting. Motion, (Continued) Ayes (5) - Nays (0) . Alan Olson, City Planner, entered into the record the following concerning the Fred Ryan, 1345 North Arm Drive, vacation, dated July 24, 1980, which states: On June 30, 1980, the City Council conceptually declined the requested vacation pending a recom- mendation on maintenance and control from the Public Works Coordinator. On July 14, 1980, the Council approved the recommendations for limited maintenance and for installation of traffic control posts. Therefore, I have prepared the attached resolution and recommend approval of it to formally decline vacation of the property. Council Meeting - July 28, 1980 VACATION' 1345 North Arm Drive #544 Fred Ryan Mayor Van Nest moved, Hannah seconded, to adopt RESOLUTION #1166 Resolution #1166, A Resolution Declining To Vacate Decline vacation Unimproved Street And Park Property In The Plat 1345 North Arm Drive Of Saga Hill Revised, as amended. Motion, Ayes (5) - Nays (0) . Alan Olson, City Planner, entered into the record CONDITIONAL USE PERM the request for a conditional use permit and variance co Point Roa of Cortlen Cloutier, 2480 Casco Point Road, dated #555 July 24, 1980, which states: Cortlen Cloutier The subject of this application is an expanded boat house located within 40 feet of the shoreline. The City received a complaint of new construction in progress and inspected on March 26, 1980. A stop work order was placed for work without permits after finding: 1. An existing 18' X 34' buat house with an existing deck totaling 24' X 35' 2. A 14' X 18' addition underway on the second story, extending toward they lake, including new stud v,alls and roof and large new windows not yet installed 3. Partial installation of a new furnace 4. Partial connection of sewer and water to the structure for a kitchenette inplace (Continued) -REGULAR MEETING OF THE ORONO.COUNCIL, JULY 28, 1980 Page ' 16 Mr. Cloutier made his application and contended that the work underway was merely completing work started in 1971 but never completed. The Planning Commission reviewed the application on this basis. The Planning Commission denied the guest house conditional use permit and variance for work within 75 feet of the shoreline, finding no hardship to justify expansion of a non -conforming use and inability to grant a variance to Section 31.101 so that one non -conforming use (boat house) could be changed to another non -conforming use (guest house). The net result of this finding, if upheld by the Council, would be to cause removal of the new framing and new furnace and to prohibit new water and sewer connections, but to allow the existing two-story structure to remain. After the Planning Commission meeting however, new information was received which may be cause for total removal of the structure because of a history of continuing similar violations. Unsolicited letters were received from neighbor Wilbur Andersen and from retired building inspector Mike Scheller. They state: 1. The original boat house was started without permits, was constructed improperly, and in fact, collapsed before inspection by Mike Scheller. 2. The permit issued in 1971 was never intended to cover anything except a one-story 20' X 30' boat house capped with an open deck. All second story work has therefore been done without authority sometime between Mr. Scheller's final inspection and March, 1980. In addition, the 1980 assessed fair market value of the total building is $1,200. Section 31.106 requires removal of any non -conforming structure with an assessed value of $3,000 or less within 36 months of January 1, 1975 or no later than January 1, 1978. CONDITIONAL USE PERMI 2480 Casco Point Road (Continued) A 1978 Minnesota Supreme Court case also involving an unpermitted addition of a second story to a non -conforming boat house upheld an injunction ordering compliance with the ordinance that prohibits such construction. i.e.: removal of the non -conforming portion of the structure. That ordinance permits single story boat houses, ours does not. Therefore, in concurrence with the Planning Commission and in light of the new information, I recommend denial of the requested conditional use permits and variances, and I further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106. (Continued) RAGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 Page 17 If for some reason, there is shown to be cause for CONDITIONAL USE PERMI! allowing some work to remain, the Council would have 2480 Casco Point Road to make the following findings and approvals, (Continued) none of which have been made: 1. To keep a single story boathouse only: a) find that value exceeded $3,000 as of January 1, 1975, and notify assessor of change b) approve conditional use permit for a non- conforming use as of January 1, 1975, Section 32.480 2. To keep any second story shel,l, without dwelling capability: a) find that it existed before January 1, 1975 b) find that it existed before Ordinance No. 155, February 14, 1974 (75' setback) c) find that it was never an unpermitted expansion of a non -conforming use d) authorize building permit approval after the fact, subject to full code compliance and payment of all fees and penalties 3. To allow guest house use, all findings above plus: a) find it was so used before January 1, 1975 b) approve guest house conditional use permit, Section 34.027 and variances to lot area, side setback and lake setback • c) require installation of sanitary facilities d) require payment of additional SAC, sewer unit and water unit charges Council Meeting - July 28, 1980 Mr. Cloutier was present and was given the opportunity to read unsolicited letters received from Mr. Wilbur Andersen and Mr. Mike Scheller. It was r_.3ted that attempts had been made to contact Mr. Cloutier during the week to make him aware of their letters. Mr. Cloutier commented that Mr. Scheller's letter is not accurate and all of the structure has been there since 1971. Mr. Scheller had made several inspections noting all of the work being done. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 28, 1980 A Page 18 Mr. Wilbur Andersen, 3555 Frederick Street, was present and commented that the structure was expanded beyond its original intended size and that the concrete blocks were poorly constructed. Mayor Van Nest moved, Butler seconded, to refer the request of Cortlen Cloutier, 2480 Casco Point Road, for a conditional use permit and variance to the Planning Commission for staff and Commission review. Motion, Ayes (5) - Nays (0). CONDITIONAL USE PERMI! 2480 Casco Point Road (Continued) Alan Olson, City Planner, entered into the record VARIANCE ! the variance request of Jack Rhode, 1410 Bohns Point 1410 Bohns Point Road Road, dated July 24, 1980, which states: #546 Jack Rhode Planning Commission reviewed a revised plan, at their July 21, 1980 meeting, as instructed by the Council on June 30, 1980. Planning Commission recommended approval of variances necessary to construct the house per the attached revised plans as follows: Lot Area - 34.452 13,897 sq. ft. Variance = 32% Lot Width - 34.452 33 ft. variance = 23.5% Hardcover - 34.202 636 sq. ft. variance = 3% I concur with their findings and recommendations with the exception of the deck encroachment toward the lake, ahead of line D-D. If this deck were not more than 30 inches above the ground, and not encroaching within 75' of the lake, I would have no objection. However, the plan now shows the deck to be 8' above the ground. As such, I would recommend either complete conformance to line D-D, or with issuance of a variance to 34.201 if.a hardship were to be found. Council Meeting - July 28, 1980 Councilmember Hannah stepped down from the Council table due to a conflict of interest. Jack Rhode and James Swenson, representing Mr. Rhode, were present. Margaret Hannah was also present. Mr. James Swenson reviewed his clients application for a variance. Mayor Van Nest: The City needs an agreement of all easement holders to include a protective covenant and dock limitations for each easement holder in their chain of title. (Continued) j of MON Poet Office Box 660Crystal Bay, Minnesota 55323•Municipal Offices Telephone 473.735 � T0: Mr. Cloutier O 2480 Casco Point Road �I Wayzata, Minnesota 55391 Copies to: 6 Control No. 555 Meeting Date 7-28-80 ' Notice Date 7-30-80 7.31-A Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final COUNCIL ACTION Vote: 5 For 0 Against Abstention MOTION Council tabled this application to allow you time to review the City files (a copy of staff's July 24, 1980 memo, letters from Anderson and Scheller, and a 1978 NLnnesota Supreme Court Case report are attached for your information) and to allow staff time to make a more detailed review. �► Amaswj REToauap To PW#j#4 41woss U Am $-IB -w We will contact you about performing another inside inspection before the meeting. D"Jil"„ An It ivn PC-06 f`-IY-lO Oftfg DEADLINE DATE Augusta 1980 for new information submitted XX for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAI. - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. TO: Planninq Commission #555 FROM: Alan P. Olson, Village Planner DATE: August 13, 1980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road - Variance & Conditional Use Permit On June 23, 1980, the Planning Commission recommended denial of a guest house conditional use permit for the Cloutier boathouse, and denial of a variance requested to permit expansion of the existing second story structure. After the Planning Commission meeting, the City received letters from neighbor Wilbur Anderson and from former building inspector Mike Scheller. These were reviewed at the Council meeting of July 30, 1980 at which time the file was referred back to the Planning Commission for additional review of the facts. Cloutier verbally contends that the existing second story of the structure was previously authorized. The City files contain a permit record for a "30 X 20 boathouse" only. There has been no permit issued for utility service to the building or for plumbing or heating. There is no assessment for anything other than the main house. In addition, the Scheller letter now states clearly that he issued the permit and inspected only for a single story boathouse. Planning Commission is asked by the Council to review the Anderson and Scheller letters, the attached Minnesota Supreme Court case, and the planner's memo of July 24, 1980. Mr. Cloutier was asked to present any new information he may have to document his position. If he does so, Planning Commission should consider that as it compares to the official City records. After review of all new information, Planning Commission is asked to make additional findings and recommendations for fina_. council action. ZONING UPDATE - SEPTEMBER 18, 1980 The Cloutier application was to be reviewed at the Planning Commission meeting of August 18, 1980, but applicant asked that it be tabled until the meeting of September 22. 1980. I advised Cloutier that Council had set a deadline of September 29, 1980 to complete the review of his conditional use permit application. We agreed that if he could not meet the deadline for all new information that he would write a letter asking Council to consider additional delay. I have heard nothinrt from the applicant and have scheduled the application for your final review. M E M O R A N D U M TO: Jean Mabusth FROM: NJT DATE: August 13, 1982 RE: Leo Levins Two weeks ago a man by the name of Michael Perlman appeared at criminal arraignments on a charge of failing to register a water craft. while discussing the charge with DLPeterson- who was handling arraignments for me that day, Mr. Perlman said that although the boat was owned by his brother, Steven Perlman, it was registered in the name of his u:icle, Leo Levins, because it was kept at Mr. Levins' place. DLPeterson mentioned to me that she recalls you pursuing Mr. Levins some time ago for having too many non-resident boats moored at his docks. She suggested that I relay this information to you to consider whether it is necessary or worthwhile to pursue Mr. Levins again. NJT/jmp UUI-9` D AV6IBOR ; {;ITY oV l)ct�}���i� POPHAM, HA1K, SCHNOSRICH, KAUFMAN 6 DOTY, LTD. M E M O R A N D U M 710: Jeanne A. Mabusth FROM: Nancy J. Turbak DATE: August 23,.1982 R£: State of Minnesota vs. Cortlen G. Cloutier Attached is a copy of a complaint I have prepared for your signatura. Please sign at the Ridgedale Court ar-TeeT /by 9:00 a.m. on Au ust 27 1982 'jEXu!nl MINUTES OF A PLANNING COMMISSION MEETING HELD ON SEPTEMBER 22, 1980 - PAGE 2 Cortlen Cloutier, Wilbur Anderson (3555 Frederick) and Michael Wallman (3565 Frederick) were present. The applicant reviewed the new material submitted at the meeting. In summary of his written statement, he challenges the dates referring to scope of the original permit and period o: construction cited in Scheller & Anderson affidavits. It is Cloutier's position that the original permit covered the two storied structure just in review of the costs of materials back in 1971. Anderson once again claims the original permit covered a single story boathouse to be capped with deck. The dates referenced in affidavits were approximate estimates. CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMIT & VARIANCE (#555) Wallman questioned the status of the existing building within 75' setback area. If the second story was constructed out of the scope of building permit, then how can that portion be allowed to remain in consideration of the legal non -conforming sections of the Orono Code. Jabbour questioned the assessed valuation of $1,200.00 on the subject structure. It is obvious that the boat house is worth more than $1,200 and how does the City resolve this issue. Staff advised that with an application of this type, an inspection of the non- conforming structure is part of the normal review. Staff makes an evaluation as to the condition of the structure. In some instances, applications have been denied because of the rundown and unsafe condition and advised removal. Cloutier asked if he could move the structure,or build a new guest house out of 75' setbac}. area and maintain boat house or single story structure. Jabbour stated he would prefer the entire structure being removed and asked staff if a newly located guest house would be able to meet zoning standards. Staff advised there was ample area and width to satisfy code. Jabbour moved to table the application for no more that, a sixty day period in which the applicant must submit a survey designating the location and ;setbacks of guest house with the condition that second story of boat house would be removed or moved to the new location. Motion seconded by Adams. Vote: Ayes (7), Nays (0). Motion passes unanimously. Planning Commission noted for the record that they would prefer removal of the entire structure. i 1 oa d� 4 T Nk�v "9 16 c { , ...' i ....+wry Cosm-nnI G. GiouTIsR JAMEa M. I'lus ECH RICIIARD S. Donis GRSOORT E. JOHNSTON THOMAs J. BISSELL CLOUTIER, MUSECH, DOHIS & JOHNSTON ATTORNEYS AT LAW 610 MIDWEST PLAZA BUILDINO 801 NICOLLET MALL MINNE:APOI.IS, MINNESOTA 66402 AREA GODS 612 TELEPHONE. 336-3641 City of Orono Council City of Orono Planning Jeanne Mabusth, Zoning Alan P. Olson, Village Municipal Offices Post Office Box 66 Crystal Bay, Minnesota September 22, 1980 Commission Administrator Planner 55323 RE: Subject #555 Cortlen Cloutier 2480 Casco Point Road Conditional Use Permit & Variance Gentlepersons: COLUMBIA HEIGHTS OFFICE 3984 CENTRAL AVENUE N.E. MINNEAPOLIS, MINNESOTA 55421 TELEPHONE (612) 788-9076 ?i<",m (fin L� VK-LAGE OF CRONO 6.. �:�' On or aboi.t Friday, Lice % 4, 1971, I contacted the Village Planner, for the Village of Orono, Mr. Mike Scheller, to secure information from him as +-o the proper procedure for me to follow in applying for a building permit for a combin- ation, two-story, boat/guest house structure upon my home- stead property. .1e informed me that the only action I had to take was to stop by his office and pay a fee for a permit. He did not ask for a location survey, construction plans or specifications and he authorized me to proceed with excavation for the foundation footings on Saturday, May 5, 1971. On Saturday, May 5, 1971, O. L. Contracting, Inc., an exca- vating contractor spent 4 hours excavating the trenches for the foundation footings. A copy of the invoice for same is attached as Exhinit 1. CLOUTIER, MUSECI-. & DOHiS I September 22, 1980 Page Two On !Monday, May 7, 1971, I met with Mr. Scheller and paid a small fee for a permit. I do not recall being directed to complete any kind of application, nor do I recall being informed that (1) there was any relationship between the fee requested and the expected cost or market value of the structure to be constructed, or (2) that the permit was only effective for a 90-day period. My records confirm the following events occurred on the following dates: 6/12/71 Forming for concrete footings commenced. Transit rented from A-1 Rental. est. 7/01/71 Concrete for footings poured. 10/07/71 Hedberg & Sons delivered cement blocks for walls. 10/08/71 A Mr. Stockdahl laid some of the blocks for the walls. 10/26/71 G. L. Contracting, Inc., excavated for the laying of the water line, sewer line, telephone line, electric power line, and natural gas line between my home and the boat/guest house. est.10/27/71 Ray Peterson,plumber, installed the lines. 11/13/71 Dennis Carlson,and his helper, Edward Hughes, laid 390 blocks for the walls. 11/15/71 to 12/16/71 p-inter, Helmer Johnson, constructed the cap,, deck and 20' x 20' second floor room over the lower level of the structure. est.12/10/71 T'ie concrete floor was poured. I expended the following amounts in connection with the con- struction of the boat/guest house, at the following approximate times: CLOUTIER, MUSECH & DOHIs September 22, 1980 Page Three 05/05/71 06/12/71 07/10/71 10/07/71 Oct. to Dec/71 11/01/71 08/19 to 10/18/71 12/15/71 1972 1972 1972 1978 Backhoe footings $ 80.00 Equipment rental (est.) 35.00 Cement for footings 198.90 Cement blocks 267.30 Concrete block labor 513.75 Peterson Plumbing, est. 350.00 Lumber (Scherer Lumber) est. 3,000.00 Concrete for slab 441.36 Spanish tile for roof (est.) 650.00 Stucco, (est.) 400.00 Electrical (est.) 500.00 Heating System 1,000.00 7, 36.31 I have not altered the basic structure of the boat/guest house since December of 1971. I did not live at my homestead from February 6, 1972, until October 15, 1974. My ex-wife and my children continued to reside on the property and used the boat/guest house for the purpose for which it was constructed primarily during the summertime during that period of time. After I returned to the property, I continued to use the boat/guest house for storage of boats and at least two summers after that time, the property was occupied as a guest house. The building inspector, Mike Scheller, viewed the construction on at least three occasions that I recall, at which time I was present. I recall him being on the property when the trench for the utility lines was open and T recall him being on the property viewing the second floor portion of the boat/ guest house. I deny the particular allegations set forth in the unsolicited affidavits" of Wilbar F. Andersen, Maurine Andersen and Mike Scheller relating to the following subjects: 1. There was no construction being done on my property on May 1, 1971, as alleged by these per- sons. Nothing was done on the property until May 5, 1971. The footings were not even poured until about Ju ,, 1, 1971. The concrete cement blocks were not delivered until October 7, 1971. The permit was five months old at that time. 2. There were not two kinds of blocks purchased for the structure. The blocks that are pres,ntly part of the basement walls are the only blocks that were ever CLOUTIER, MUSECH 8c DOBIS September 22, 1980 Page Four purchased. It is not true that the block work collapsed because non -conforming 8 inch blocks were used. A small portion of the block work collapsed between October 8, 1971, and November 13, 1971, due to unusually heavy rainfall. This oc- curred five months after the permit was taken out, not before, as alleged. In summary, my records show that the boat/guest house was constructed in its present form, except fcr the heatinq system, prior to February 14, 1974, and was used on a number of occasions for housing of guests prior to January 1, 1975. The structure was never used as rental property. All of the utility lines were layed between my house and the boat/guest house in 1971, with the intention that the property would have water, heat, electricity, telephone and toilet facilities. Attached is a copy of my letter to my insurance agent written April 30, 1975, as well as his response of May 8, 1975, relating to the existence of the boat/guest house. I have had to estimate dates and amounts in some instances because of difficulty in locating a particular file. Exact dates and amounts will be available for corroboration of the foregoing within the next few days. There are a number of my neighbors who have lived in the area prior to Februrary 14, 1974, and who can corroborate the exis- tance of the structure since 1971 as it presently exists. Some of them have moved out of Minnesota. If need be, I will secure their affidavits as to the history of the structure- Yours—yie.ry truly, Cortlen Cloutier CGC : qru INVOICE N� 4822 933•ee45 lr G. L. CONTRACTING, INC. P. O. Box 340 • Hopkins, Minnesota 55343 Date.. l4ay 24 1971 Cloutier 2480 Casco Point Rd. Wayzata, Minnesota '`� backhoe frost footing for garage 4 hrs. *�a0.00 $ 80.00 ter ,�pri 1 30, 1975 Mr. George C. Van Dusen III 2401 West Sixty -Sixth Street Minneapolis, Minnesota 55423 1•:e: Homeowners Irri urance - 24(-'C. :•.. c, uktr G orge: nt Road i�sference i s made to your letter of 22, 1975, relative to renewing the Homeawners insurance at 2480 Casco Point Road. I <<m in agreement with your suggesti un that the coverage increased. What Vculd you reccomend as the most appooi,ri ate w-iy of ascertaining exactly what coverage should be placed on the property tc insure; that the property is not uninsured: '. believe I mentioned to you also that ' constructed a combination boathouse and guesthouse on the property just before the family breakup, That structure is not fully completed on the Inside yet. I have alx)ut y20,600 invested in tli structure. The property is located upon Lot 3, Ti lson's villa .',ddi ti cn, whereas, the main hcuse is actually located upon Lot 4 c-f the same addition. I would like to be sure that both structures dre covered on my homeowners poli cy. 7 thick we tal::ed about that before, but I am not sure. ,-Iruld you mind checking that for me. Y urs very truly, '>rtlen �louti cr k-.Xspt ED E3 S 2401 WEST SIXTY-SIXTH STREET MINNEAPOLIS, MINNESOTA 55423 PHONE 61 2.861 2206 May 8, 1975 Cortlen G. Cloutier Attorney at Law 610 Midwest Plaza Bldg. Miru►eapolis, MN 55402 Debi, Corti I have your letter of' April 30 replying mine of April 22 concerning the amount of coverage on the property at 2480 Casco Road. You request in- formation on the most appropriate way of ascertaining the correct amount of coverage that the home should be insured for. On a property that is over 10 years old it is very difficult for us as agents to do more than recommend the amount of insurance whicr, would to indicated based on the inil.ationary trend of building replacement costs. The only accurate way to determine exactly what a property shou.,d be insured for is to obtain the services of an independent appraisal company to perform both a market evaluation and replacement cost evaluation aprraisal of the property. In June of 1971 we estimated the replacement cost of your home at $58,000. It would be conservative to say that replacement costs have increased 35It in the last four years which would indicate a replacement value of merely $80,000 today which I have a feeling is on the low side. The house is presently insured for $60,000 and I must look to you for some direction to supplement our own recommendations. You a -Lao mentioned the Boathouse -Guesthouse and I was not aware that you had constructed this additional improvement on the property. Your Homeowners policy p:•ovides an automatic extension of coverage of 10% of the amount of insurance on the dwelling to cover al-parbinent private structure located on the same premises which would include the Boathouse -Guesthouse and your garage bui:.ding. I sieve requested today that the North River Insurance Company increase the amount o. coverare on a} -pertinent private structures to $20,000 so that your exposure in these additional buildings is adequately protected acid will wait to hear from you with your ti:oughts concerning the increase of insurance on the dweilinb itself. r Sincerely yours, DNERSIFIED BHOKERA(IE SE".VICES r George,t. Van Duren 111 GW-/pKb GENERAi AG['•15 FUk i CITY. of ORO NO cvtL4 PERMIT 434 Building Permit _ DATE ISSUED_ AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES P.O. BOX 66, CRYSTAL BAY, MN 55323 473-7357 /1 ,P4_ ZONING DISTRICT SITE ADDRESS J480 l ASf n LEGAL DESCRIPTION: PROP. ID. ZD — 111 .1 3, I a 01 (� j LOT BLOCK SUBDIVISION FIRE ZONE VAR. DATE COND. USE DATE LOT AREA WIDTH DEPTH 1 PROPOSED SETBACKS FRONT R.SIDE REAR L.SIOE LAKE WETLANDS ACCESS NEW EXISTING AGENCY-APPROV DATE CITY COUNTY STATE PR. EASEMENT REMARKS rNSPECTION REQUIRED OWNER (Name) (Address) (Phone; W-4 L &jn C, C L 6,jf i E- - 1?57 ARCH ITECTIENGINEER — Must Certify Multi -Family, Commercial & Industrial Construction Plans ERT.NO. (Form) (Address) (Phone) BUILDER (Firm) (Addre (Phone) 1. a'7 �44jj e_t S o y Lnr+( ArJD o,,41E D. LVA S"943 TYPE OF WORK New Addition Remodel enova e r4AIe— rLe rzoo� CONST TYPE M.DG SIZE EST. CONST. VALUATION C45 L W Ht ��! RESIDENTIA STORIES B 1 2 3 PERMIT FEES BDRMS-FLR BLDG. PERMIT STATE FEE SO PLAN REVIEW DWELL UNITS GAR STALLS ATT SEPTIC APP DATE UET PENALTY DOCK PARK FEE NON-RESID PROPOSED USE OCC SAC CHARGE CLASS STORIES COUNCIL APP DATE TOTAL DUE ( C/ FOGTING before pour FRAMING rough rn INSULATION WALLBOARD Before Tapmq FINAL before occupancy WORK BEYOND OR WITHOUT A RE OUIRED INSPECTION WILL BE SUB JECT TO PENALTY INSPECTION HOURS 413 7357 CAI L8 1_AM INSP 1 4 P M CALL 1 4 PM INSP NEXT DAY WORK REOUIRING SEPARATE PERMITS PLUMHIN' MECHANICA WEI L SEPTIC SEWER --- --�- WATER — -- — GRADING&FILLING— —_ ELECTRICAL from State COPY WHITE FILE GHEEN FINANCE CANARY INSPECTOR GOLD RECEIPT PINK ASSTIt1x104 ACKNOWLEDGEMENT THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED, AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT. ANCE OF ALL INFORMATION. CONDITIONS AND REQUIRE. MENTS REPRESENTED ON THIS DOCUMENT THE UNDER— SIGNED FURTHER AGREES TO DO ALL WORKS IN STHICT COM. °LIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE OF MINNESOTA BUILDING CODE REQU RfM TS i Srgtatur L _i _ Date 4txvovwA �� "^'' �' � ! ley of Oronn CITY OF ORONO BUTT DING APPLICATION Bt11l.DINC PEYMIT APPl.12AT109 RF.OUIRF"!"ITS Sequirements to be h.Tnded in with Building Permit Application: 1) Building Permit Application - to be filled out 6 signed 2) Mechanical Per[ntt Application b Calculation filled out ]) Energy Calculations - filled out 4) Furnish Septic Report 6 Design S) Furnish a Certificate of Sutvey i) Furnish A sets of Construction Plans: a) 1 set for City to beep on file b) 1 set for builder to use on site ISUILDING PERMIT NO. DATE ZONING DISTRICT PIRE iDNE VAR DATE COvD. USE DATE LOT ARIA -16TN DEPTH PROPOSED SETaACKS EaoNT III SIDE REA11 LSIDE LARE wETLANOS ACCESS NEsr EXISTING AG(NCv AMI.Uv DATE CITY Cot"TV - - -- -- Construction Plans should include: a) First floor plan b) Footing 6 foundation plan c) Elevations (of all sides) d) Wall sections 6 cross sections c) Details - stairs and any special connections THE ABOVE INFORMATION MUST BE SUBMITTED BEFORE PLAN REVIEW IS DONE Work beyond or without a required inspection will be s\:bject to a penalty sin ADDr:Fss_j�p "Sco_ 4.5f LEGALDESCRIPTION •ROB•. ID —-------- LOT BLOCK SUBDIVISION )WNER INa I (Address) (Phone; = La�,->� f,:.R X*tp C.4".P 4,..-tpjp H71-7ds; ARCHITECT/ENGINEER — Must Certify Multi -Family, Commercial & Industrial Construction Plan :ERT.NO. (Firm) (Address) (Phone) BUILDER TYPE OF WORK (Firm) New Addition CONST TYPE BLOGMIZE L. IDENTIA STORIES 8 rATI �..--�- BDRMSIFLR LL. —' TS . STALLS SEPTIC APP. DATE Flit T FEES !IOC ►E• IIT __ —. _ 57ATE FEE -- [NON DOCK PLAN REvnw-RESID PROPOSED USE TANK EEE SACCNAAIASS RIES COUNCIL -- TOTAL DUE APP. DATE INSPECTION NEOUINEO _ �ww.•I.uN •w..aWwO a«.• I••«. r.wA. wI-.. +...++. •IrI■ NrowO ew •.Lwr.I • uI N.f 10 Nw•LIr wW �I.glr .ww•w► •I�Inr CN�E �1•r •wJ I ,rr WONK REQUIRING SE►AAATE PE I•dilS w•nw __ (Address; W Ht 1 7 l (Phone) Remodel Renovate 0[�F;Zom� t T. VALUATION IO IO RLT!ARKS: .he undersigned hereby mikes application for a building permit for the work described, agrees to do all work in strict aLeordance with the ordtnsn_es of the City of Orono and rulings of the State Building Code Division, and declares that all facts and representations stated herein are true and correct. ,l r *�✓ Y,1 p 8� �•fe IS.^. [lie DATE TIME CITY OF ORONO CALLED -IN _ INSPECTION NOTICE SCHEDULED PERMIT NO. COMPLETED ADDRESS OWNER C'. CONTR. _ TELEPHONE NO. O FOOTING O FRAMING O INSULATION O WALL BD. ❑ FINAL O PROGRESS ❑ DEMOL. O FIRE PREV. D PLUMBING RI ❑ MECHANICAL D WATER HOOKUP D METER SET/TURN ON O SEWER HOOKUP ❑ SEPTIC INSTALL. ❑ SEPTIC MAINT. p WELL TEST PUMP SITE INSPECTION O EXCAV./GRADING/FILLING O LAKESHORE/WETLANDS D LICENSING ❑ COMPLAINT O FOLLOW-UP O SEPTIC FINAL ❑--------- C1O,M_MENTS: O WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN D CORRECT WORK a PROCEED O CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN STOP ORDER POSTED. CALL INSPECTOR. ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hours in advance. -_ _._ Owner or ntr. pn site ( Inspect473-7357 White Copv!Inmmctor's File 11 / Gold Copy/Site Nonce eo'-�-ffl A 4 e �.610-. lie e lc ti A 70� (Vel ~ate el/4- or -e eff-C— Ac. ",et4ee lie' /o4411 4,eere444C, 67 t Telephone 473.7357 CITY of ORONO Post Office Box BG*Crystal Bay, Minnesota 55313eMunicipal Offices On the North Shore of Lake Minnetonka November 12, 1980 Mr. Cortlen Cloutier 2480 Casco Point Road Wayzata, Minnesota 55391 Re: #555 Variance Application Dear Mr. Cloutier: This letter is written to reconfirm the Planning Commission's directive regarding your conditional use permit application at their September 22, 1980 meeting. I have enclosed a copy for your information. Your conditional use permit application is scheduled for action by the Planning Commission at their December 1, 1980 meeting. The deadline for all new information is November 21, 1980. If the Building, and Zoning Department is not notified of any proposed changes, the Planning Commission will act on the original application. Please contact my office if you have any questions. Sincerely, vl IT Jeanne Mabusth Zoning Administrator JM:kh Enc. TO: Planning Commission and Council FROM: Jeanne Mabusth, Zoning Administrator DATE: November 25, 1980 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road - CONDITIONAL USE PERMIT/VARIANCE Cloutier has made no attempt to contact staff concerning his current conditional use permit application once again scheduled for Planning Commission action. The Commission may act on the original application. Staff has assembled some old bits and pieces to assist in that review. Enclosed are Planning Commission and Council minutes and Planner's memo c.f July 24, 1980 briefly summarizing the background of application and citing the various options for action. Planning Commission's original recommendation can be found in the Minutes of June 23, 1980. Please call if anyone has questions or if additional information can be gathered by the meeting night that may assist in fina�.ly, a final action. „: r.�....,..7 PLANNING COMMISSION MINUTES OF DECEMBER 1, 1980 - PAGE 2 3. Park Dedication Fee of $200.00 ($100 each lot). GARY LINDGREN 4. Dedication of additional right of way for West 4505 West Branch Road Branch Road - total of 40' from centerline. SUBDIVISION Public Info. Meeting 5. Dedication of drainage and utility easements. (#588) Cont. Motion seconded by Jabbour. Vote: Ayes (6), Nays (0). Motion passed unanimously. Wilbur Anderson and the applicant were present. Cloutier explained that he was ncc prepared because he never received a written follow up advising him of his options of action. The Zoning Administrator noted for the record the letter of 11-12-80 and copy of Planning Commission minutes of 9-22-80 sent to the applicant reviewing the alternatives. Cloutier stated he must have misplaced the notification. V CORTLEN CLOUTIER 2480 Casco Point Road CONDITIONAL USE PERMIT VARIANCE (#555) The alternatives were once again reviewed for the applicant. They advised that if he chose to go with the originai proposal, the Planning ':ommission would not chance their original recommendation to deny. A new proposal for a relocated guest house and retention of one level boat house woulu rer;uire a new review. Rovegno questioned if applicant would have to apply for a new conditional use permit. Staff advised that this would be considered another variation of the original application. Mr. Anderson was concerned that Planning Commission would have to delay action again. He asked for assurance that the lakeshore setback for the proposed guest house would be determined by -the existing structures in the neighborhood. Anderson was advised that this was part of the normal review and that the applicant would also be informed of the ordinance requirements. Rovegno moved to table action on the conditional use permit application of Cortlen Cloutier until the Planning Commission meeting of January 19, 1981 at which time the Planning Commission will act on either the original proposal or a new proposal accompanied by the following: 1. New survey showing setbacks of relocated guest house - ordinance requires: a) 10' side yard setback b) 35' from rear lot line c) average setback from lakeshore - as existing houses are all set�)ack further than 75' PLANNING COMMISSION MINUTES OF DECEMBER 1, 1980 - PAGE 3 2. Plan for single story boat house - showing final CORTLEN CLOUTIER altered structure to be reviewed by staff. 2480 Casco Point Road 3. Fair market value of boat house as of 1-1-75 if CONDITIONAL USE PERMIT VARIANCE less than $3,000 than structure may have to go. (#555) Cont. Motion seconded by Hammerel. Vote: Ayes (6), Nays (0). Motion passed unanimously. The applicant was not present. New members questioned certain conditions of the Stubbs Bay Marina Rezoning Agreement. Most of the concerns dealt with the extent of the variances necessary in an LR-lA zoning district. The Chairman advised that these were minimal compared to the violations cited against the marina operation. This agreement was the result of many compromises on the part of the property owner and the City and that concerns raised by this body will never change conditions of that agreement. Staff advised that the Commission should review the proposed plan to see if additional information is needed to complete review. Staff will require septic testing for gray water system. Access road should be designated for three residential units to be consistent with City's policy. A public hearing is scheduled for January 19, 1981 at 7:30 P.M. The applicant was not present. Staff advised that the applicants were required by a rezoning agreement to complete a subdivision for the subject property. The unapproved division occurred when the original owner sold a portion of the lot without the required City approval. A pudic hearing has been scheduled for January 19, 1981 at 7:45 P.M. JAMES K. MCCLEARY 3445 Bayside Road SUBDIVISION (#589) Work Session JAMES P. RIVERS 1440 Shoreline Drive SUBDIVISION (#590) Work Session The City of Orono proposes selling a three acre parcel CITY OF ORONO of land to the DNR to be used as a parking lot. The Ringe Route Project parking lot will be available to the users of the S� Section 31 Luce Line. The subdivision will be a metes and SUBDIVISION bounds division of a total 30 acre parcel into two (#591) lots. The 3 acre lot is substandard for the RR-lA zoning district. Planning Commission asked staff to check with DNR for plans that may be available for the proposed parking lot. A public hearing is scheduled for January 19, 1981 at 8:00 P.M.. of ORONO t Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices Telephone 473.7357 Mr. Curtlen Cloutier 2480 Casco Point Road Wayzata, Minnesota 55391 NOTICE OF PLANNING COM14ISSION ACTION Date of Meeting December 1, 1980 Votes: 6 For 0 Against Planning Commission recommends the following: Control No. 555 XX Variance XX_ Conditional Use Permit Subdivii3ion, Preliminary Date of Notice 12-3-80 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted — Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS The following information must be submitted by January 9, 1981: a) survey designating location and Apfhankc of relocated guest house - pertinent sections of ordinance relating to _ setbacks have been enclosed. Please note in particular Section 34.201 b) Staff will postpone request by Planning Commission for building plans reflecting alteration of boat house pending final determination y Council. ®X Applicant's next scheduled meeting is confirmed as: aApplicant's additional meeting is for the Planning Commission _ January 19, 1981 Council next scheduled meeting is dependent information. Deadline for the _ or _ meeting. upon receipt of In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Commission Minutes they are available from the Building and Zoning Secreti.l upon review and approval by the Planning Commission. State of Minnesota Municipal Court County of Hennepin THIRD Division ORONO JEANNE A. MABUSTH bving duly swor►t makes complaint to the above named Court and says that lie !wliet-es this in(orrnatiort and other pe►sorrs from whom it is obtained to be reliable and that probable cause exists to support a warrant o1 arrest j0r — Cortlen G. Cloutier 2480 Casco Point Road, Wayzata, MN 55391 for the following reasons: I am the Zoning Administrator for the City of Orono. I am familiar with the facts constituting these offenses through personal involvement and inspection and through a review of City records, which include reports and documents prepared by Building Inspector Thomas J. Jacobs and City Planner Al Olson. The defendant, Cortlen G. Cloutier, is the owner of residential property located at 2480 Casco Point Road, within the City of Orono. In May 1971 the defend- ant obtained a building permit to allow construction of a single - story boathouse on his property, estimated to cost approximately $500.00. Later that year Mike Scheller, then building inspector, visited the defendant's property, and, finding that a single -story boathouse approximately 18' x 34' had been cc,mpleted, he concluded that construction was finished. On or about March 26, 1980, Building Inspector Thomas J. Jacobs received a report that construction was occurring on defend- ant's property. Mr. Jacobs visited the property and observed that the boathouse structure was being renovated. By that time, the structure had been expanded to include a second story enclosed room approximately 18' x 20'. Additional construction was being done on the remainder of the second story; it appeared that a screened porch was being added. There also was a deck around part of the structure, making the total ground level dimensions approxi- mately 24' x 351. Mr. Jacobs issued a stop work order, as no building permit had been obtained for this additional construction. In May 1980 the defendant filed an application with the City Zoning Administrator requesting a conditional use permit and variances that would allow the continued existence and com- pletion of the additional construction. The request was investi- gated and considered by City officials, and on March 9, 1981. the City Council denied the defendant's request for an after - the -fact approval of the expansion defendant's boathouse. In May 1980 the defendant filed an application with the City Zoning Administrator requesting a conditional use permit and variances that would allow the continued existence and com- pletion of the additional construction. The request was investi- gated and considered by City officials, and on March 9, 1981, the City Council denied the defendant's request for an after - the -fact approval of the expansion defendant's boathouse. Defendant's boathouse is ordinances because the structure feet from shoreline, within the str tion conducted by or at the lar ' ng the structure beyond its a non -conforming use under Orono is located approximately 40 75 foot set -back area. The con - direction of the defendant en - original dimensions as a single - contrary to the ; Statute-Ordir►arzce) i►z such case rrwde artd l►rovided and t ggairzst Me In -ace a►zd dignity of t:zc Stag• of :11i►znc.cota. It'Itcr� ��►rc , c.►►rtl►Lt►tarit lrraY, that said ,►/l(-ricic r ►r a.y l?c arrested and dealt z►•trlt accc►►dirty to law. Swc m to) arid sul►scril►ca and c omplairtcd , ►% bel0re r►►c tltts — day of la SecrWan - 301 (af i' clia rel, jdLo'_ib. Jd�t11oAt _. ' t_ _ • pltbr' c' n With ut (6&XK1tXC1ty) Attc►r►tc.v Wit►tesses E a►nincd By ,%lagistratc•: Judge of :Municipal Court Kecom►►zetided Hail ----`-' story structure approximately 20' x 30' is an expansion of that non -conforming use. On or about November 4, 1980, Mr. Jacobs r.ceived a report that construction w-.s occurring on the roof of the defendant's garage and house. Mr. Jacobs visited the defendant's property and found that t-he roof of the garage and the roof of the house were both being repaired. Mr. Jacobs issued a stop work order, as no building permit had been obtained for this construction. The defendant applied for a building permit for this construction, in which he acknowledged that the estimated construction value was $500.00. On or about January 28, 1981, Mr. Jacobs again received a report that construction was occurring on defendant's property. Mr. Jacobs visited the property and observed that structural reno- vation was being conducted on the defendant's garage. Apparently the defendant was installing concrete slabs, repairinn rafters to the garage, and replacing windows and doors. Mr. Jacobs issued a stop work order, as no building permit had been obtained for this construction. On or about February 2, 1981, the defendant applied for a building permit to allow this renovation, in wl-' acknowl- edged that the estimated value of the renovation conb n was $1,500.00. OFFENSES Count I: Based u^on the foregoing, your complainant states that on or about March 26, 1980, within the corporate limits of the City of Orono, the defendant, Cortlen G. Cloutier, then an6 there did willfully, wrongfully, and unlawfully violate Orono City Zoning Ordinance S31.881 by expanding, changing, enlarging, and altering a non -conforming structure in a way that increases its non -conform- ity. Count II: Based upon the foregoing, your complainant states that on or about March 26, 1980, within the corporate limits of the City of Orono, the defendant, Cortlen G. Cloutier, then and there did willfully, wrongfully, and unlawfully violate Orono City Zoning Ordinance S32.260, !-)}- altering a structure w2 gout first obtaining a building permit indicatin,I that the existi. g structure complies with the zoning code and all buildi;g codes. Count III: Based upon the foregoing, cur comnlairant states that on or about March 26, 1980, within th orporate limits of the City of Orono, the defendant, Cortlen Cloutier, then and there did willfully, wrongfully, and unlawfully violate State Building Code S301(a), by constructing, enlarging, and altering a structure without first obtaining a building permit. Count IV: Based upon the foregoing, your complainant states that on or about November 4, 1980, within the corporate limits of the City of Orono, the defendant, Cortlen G. Cloutier, then and there did willfully, wrongfully, and unlawfully violate Orono City Ordinance S32.260, by altering a structure without first obtfdninq a building permit. ^1 tajjtit V : Based upon the foregoing, your on or about November 4, 1980, within the City of Orono, the defendant, Cortlen G. did willfully, wrongfully, and unlawfully Code 5301 (a) , by constructing, enlarging, without obtaining a building permit. complainant states that corporate limits of the Cloutier, then and there violate State Building and altering a structure Count VI: ;ed upon the foregoing, your complainant states that on or about oanuary 28, 1981, within the corporate limits of the City of Orono, your defendant, Cortlen G. Cloutier, then and there did willfully, wrongfully, and unlawfully violate Orono City Ordinance 532.260, by altering a structure without first obtaining a building permit. Count VII: Based upon the foregoing, your complainant states that on or about January 28, 1981, within the corporate limits of the City of Orono, your defendant, Cortlen G. Cloutier, then and there did willfully, wrongfully, and unlawfully viriate State Building Code 5301(a), by constructing, enlarging, and altering a structure without obtaining a building permit. VILLAGE OF ORONO BUILDING PERMIT PURPOSE OF BUILDING IF OWNER �Q / } (( / ��E^ a i BUILDER y ADDRESS r CI -ADDRESS `-�� >><<-- PERMIT NO 2495 PHONE NO. Q► j �el PHONE NO. Sec. No. Parcel No. Lot Block Addition or Subdivision �d LS C t_ �� / � � A tIV ,1 LAND DESCRIPTION BUILDING LOCATION VENTILATION AND LIGHT Size of lot Dis. From Rood Percentage of Floor Area Vent. Land Sq. Ft. Dis. Sides Percentage of light to Floor Area Elevation Dis. Back LINTELS Drainage Size Span CONSTRUCTION location Frame Brick, Solid WELL TYPE Stucco Brick Veneer Construction Stone Cement Block Location FOOTINGS SEPTIC TANKS OR MUNICIPAL HOOKUP O Depth least Depth Size Width Below Grade Distance From Well FOUNDATION - Construction Size BASEMENT Ground Drainage Floor Beoriny Posts Size Spacing Beams Size Span CHIMNEYS NO. OF FIREPLACES No. Type Foundation Height Above Roof Smoke Pipe —Distance From Joists FLOORS Sub Flooring Joists Size Span Spacing Bridging Bearing STUDDINGS RAFTERS CEILING JOISTS Size Size Size Spacing Spacing Spacing Plates Span longest Spon Bracing EXITS Basement — No. Size Stairway 1st Floor — No. Size Stairway INSULATION — Ceiling PLUMBER ADDRESS__ _____--_ _._ SEWER CONTRACTOR__ ADDRESS__.__ Walls Construction DRAINFIELD Depth Distance From Wall Width Distance From let lines length PLUMBING FIXTURES Garbage Disposal Dish Washer Sinks Shower Laundry Toilet Bath Tub} lavatory )ate - — --- - -- - -- Bldg. $_ Plumb. S --._ Sewage $ — __-- Site Examination SWell $—_- _ Total s WELL DRILLER- - - ---- - ___--- ADDRESS Approved_- OWN 02 AtnroUtfO A`!NT • TO: Planning Commission and Council FROM: Jeanne Mabusth DATE: January 13, 1981 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road - Conditional Use Permit for new guest house. LR -1C Zoning District Review of Facts Ordinance 34.027 - Guest House - Standards 1. Accessory use to principal. 2. Non payment for its use. 3. Structure must meet all area and setback standards. a. Area - Required - 1/2 acre Proposed - Total area 3 acres b. Rear Required - 30' Proposed - 100' plus C. Side Required - 10' Proposed - 22' d. Average lakeshore setback (34.201) Based on lakeshore setbacks for following residences: 2480 subject_ lot - 135' *2500 lot to south - 112' *3585 lot to north - 150' Required lakeshore setback - 132' Proposed - 75' Cloutier has submitted a new survey designating the proposed guest house and single story boat house. The new structure does not meet the required lakeshore setback standard and the catwalk structure does not meet the 75' setback for all hardcover. If applicant accepts, staff will offer to stake the lakeshore setback for Cloutier rather than delay action on this application any longer by a request for a new survey. As for the sideyard, staff has no problem as long as this location does not involve the removal of mature trees. Staff has waived Planning Commission's request for building plans of boat house structure until Council makes a final determination. *Approximate setback determined from aerial maps of neighborhood. -2- If Planning Commission approves of Cloutier's current proposal dated January 7, 1981 then the following findings and conditions should be considered: Findings: 1. Guest house meets all required setbacks. 2. Sufficient area to support the addition of a guest house. Conditions of Approval 1. Guest house is never to be rented. 2. Upon application for a building permit, a fee fox 1 sewer unit and one water unit will be charged. 3. Site selected for guest house must not involve the removal of mature trees. 4. All decks and catwalks must be located out of the 75' lakeshore setback area. 5. Boathouse - a. If boat house is to remain, upper level must be removed - plan for final structure is to be submitted for review. b. If boat house is to be removed because the structure is unsafe, in disrepair and does not meet required fair ma-•ket value of $3,000.00, applicant must apply for a demolition permit. PLANNING COMMISSION MINUTES OF JANUARY 19, 941 PAGE-4 Wilbur Andersen of 355`., Frederick Street, and the applicant were present. Staff reviewed the site plan for the proposed guest house noting that the average lake shore setba.:k required would be ap- proximately 130 Ft. and the site plan designated 75 ft. Cloutier withdrew his application for a new guest house because required lakeshore setback would interfere with a future addition planned for the main house. Cloutier restated his position as Follows: 1. To formally withdraw application to relocate guest house. XORTLEN CLOUTIER 2480 Casco Point VARIANCE AND CONDITIONAL USE PERMIT (#555) 2. To remove partial frame work for 3 seasoned porch. 3. To remove all plumbing improvements done without permit. 4. To obtain permit for installation cf furnace. 5. To limit all work on 2 story structure to simple repair. Planning Commission advised that in 1977 the f.Ai- market value of the boat house and deck were value.' at 2,500.00. Commission members agreed that the current fair market value of the single story boat house would e..isily be valued above 3,000.00. Jabbour noted the similarity to the Van Tassel conditional use permit application. The boat mouse, a non conforming structure, was valued at less than 3,000.00 but because of the excellent condition of the structure Council approved the con- struction of a deck on the flat roof. The Planning Commission once again advised Cloutier tha, recent in- formation submiLted by the previous buildin; inspector and a neighbor reveal that the original buildiig permit did not cover a 2 story structure. The permit covered a single story boat house capped with a deck. Jabbour moved first, to deny the original application of Cortlen Cloutier involving several improvements to the 2 story, non conforming, structure requiring the City to approve the expansion c,." a non conforming use. Tne City has no legal right to approve such expansion. Second, to require the removal of the second story because of new information submitted that confirmed work done outside the scope of the original permit. The original permit covered only one story boat house capped with a deck. Motion seconded by Frahm. Vote: Ayes (4), Nays (1). Minority opinion. PLANNING COMMISSION MINUTES OF' JAN UARY 19, 1981 PAGE-5 Iiammerel found it difficult to concur with the rna irnri I-v1S request to remove the second story, since the structure has been in existence for 10 years, with a fair market well over $10,000 and in consideration of building permit pro- cedures in those days. Mr. Harvey was not present. Staff assured thj Planning Commission that the applicant u.,aerst�.:od the ordinance's requirement that -11 crops sold at his roadside stand mist be grown on the site. Frahm moved to approve the Conditional 'se Permit and Variance application of Fred S. Harvey based on the following findings: 1. The state highway department has approved the access off Hiqhway 12 for existing house and tem- porary roadside stand. 2. Only crops grown on the subject property will be sold at Harvey's roadside stand in Orono. YR%D HARVEY 3580 Wayzata Blvd CONDITIONAL USE PERMIT (#579) 3. To approve the variance for the size of existing barn as a road side stand based on the following findings: A. To allow use of existing structure that is in good condition and in excellent location. B. Structure conforms to setback standards. C. Large enough to require that all sales produce will be stored inside the building. Motion seconded by Hammerei Vote: .►yes (5), Nays (0). Motion passed unanimously. Robert White was Fresent. The Planning Commission acknowledged a receipt of a letter dated 12-5-80 from the Woodhill Country Club asking that the variance phase of the application rye denied because of the detrimental effects on the clubE future developement. The Planning Commission advised the applicant that based on planning standards and the City's consistent policy in disapn roving anv subdivision rPn„irinu a variance the Subdivision as prop,se, could not be approvea'Ly this body. The applicant stated that he understood their position and wished tn prodeed with the application. Jabboir moved to approve Robert Ldhite's two lot plat based on the following findings: "11 Y of VKVIN ki t Office Bo: 66•Crystal Bay. Minnesota 553239Municipal Offices Telephone 473-7357 Cortlen Cloutier 2480 Casco Point Rd. Wayzata, MN 55391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 1-19-81 Votes: I For n Against Planning Commission rec-oimnerds the following: Control No. 555 _ x_ Variance _xConditional Use Permit Subdivision, Preliminary Date of Notice 1-20-81 _ Approval: As submitted Approval: Subject to conditions noted Approval: Additional information require-4 '-fore Council meeting x Denial: For reasons noted Tabled: Pending receipt of additional i; i.,ati_on from applicant Tabled Pending review by others, or furt'-,er Planning Commission study No action required NOTES AND SPECIAL CONDITIONS denial based on the following findinas_ 1- addi innal imprnvPmantc tnQLiginal gtrucfiira mnvAd require expansion of non conforming use and not -within tha City=s autheg4t7-- - 2— rPyipw of new infor.n=+7yon g,hmi*:tAby—npi_ghhnr and fnrmpr h,ii1r1i1qg must be removed. Removing _,;t-_riirtiire to corkform with Qriginal pprmit- QApplicant's next scheduled meeting is confirmed as: Planning Coimnissi-n Council Februar 1981 F] Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the meeting is or for the meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zoning Administrator. If you desire certified copies of the official Planning Coffunission Minutes they are available from the Building and Zoning Secretary upon review and approval by the Planning Commission. DATE TIME CITY OF ORONO CALLED -IN INSPECTION NOTICE SCHEDULED — PERMIT NO. COMPUTED ADDRESS _.,7�12qe,;3c -C/" j� �►---- --- OWNER CONTR. TELEPHONE NO. __X ❑ FOOTING ❑ FRAMING ❑ PLUMBING RI MECHANICAL SITE INSPECTION EXCAV./GRADING/FILLING ❑ INSULATION ❑ ❑ WATER HOOKUP ❑ LAKESHOREIWETLANDS ❑ WALL BD. ❑ METER SET/TURN ON ❑ LICENSING ❑ FINAL ❑ SEWER HOOKUP ❑ COMPLAINT ❑ PROGRESS ❑ SEPTIC INSTALL. ❑ FOLLOW UP ❑ DEMOL. ❑ SEPTIC MAINT. ❑ SEPTIC FINAL ❑ FIRE PREV. C.G WELL TEST PUMP ❑ ------ --- --- - COMMENTS: ,.NMI♦ n '� j ❑ WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN ❑ CORRECT WORK & PROCEED ❑ CORRECT WORK. CALL FOR RE INSPECTION BEFORE COVERING HRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WIL_ RETURN TOP ORDER POSTED. CALL INSPECTOR. INSPECTION REQUIRED. CALL TO ARRANGE ACCESS call for the next inspection 24 hc,urs in advance Owner/Contr. on site _ — - — -- - I n:pectOr _. 473-7357 White Copy/Inspector s F,Ie Gnid C-)py' ;.Ie Nui,ce CITY of ()liONO Pont Office Rnx W*Cfyst.d PFty, Minnesota 5, 2.1eMunicipal Offic<+ Telephone 473-7357 Cortlen Cloutier 2480 Casco Point Rd. Wayzata, MN 55391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting Votes: For Against Planning Commission recommends the following: Control No. 555 x Variance x Conditional Use Permit Subdivision, Preliminary Date of Notice Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or i- ier Planning Commission study No action required NOTES AND SPECIAL CONDITIONS The Council's meeting night has been changed from Monday, February 9, 1981 to Wednesday, February 11, 1981. aApplicant's next scheduled meeting is confirmed as: Planning Commission Council February 11 1981 CApplicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the — meeting is or _ _ for the _ meeting. In all cases, the application must be continued with the submittal of requested information within or the City will consider the application as formally withdrawn. If the applicant has trouble obtaining additional information, please contact the Zonirq Administratcr. If you desire• certified copies of the official Planning Commission Minutes they are available from the Building and Zoning Secretary upon review and approval by the Planning Cor-.-Assion. C3TY of ORO NO� ��~� PERMIT No. 4420 Building Permit DATE ISSUED . 2 AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES . P.O. BOX 66, CRYSTAL BAY, MN 55323 473-7357 ZONING DISTRICT SITE ADDRESS _ Yf_(f— LEGAL DESCRIPTION PROP. ID. 94' - 1 17 -.2 5 ti1 C or `t nT al nrlr CIIRniVISInN FIRE ZONE VAR. DATE COND. USE DATE LOT AREA VVIDTH DEPTH PROPOSED SETBACKS FRONT R.SIDE REAR L.SIDE LAKE WETLANDS sess t N W jISTING A NCkAPPROV. DATE COP/ -- — — COUNTY STATE PR. EASEMENT WNER (Name) (Address) (Phone! ARCHITECT/ENGINEEH - Must Certify Multi Family, Commercial & Industrial Construction Plans ERT.NO. ---------- --- (Firm) -- (Address) (Phone) BUILDER (F irm) (Address) (Phone) TYPE OF (WORK New Addition Remodel iC R�' CONST rYPE dLDG SIZE EST CONST VALUATION i Ht L 1V PERMIT FEE RESIDENTIAL STORIES B 1 2 3 BDRMS,FLR BLDG. PERMIT �•..' DWELL UNITS STATE FEE PLAN REVIEW GAR STALLS SEPTIC ATT APP DATE DET PENALTY ,-- --- DOCK PARK FEE NONE 'FSIU PROPOSED USE SAC CHARGE OCC CLASS. --_ STORIES COUNCIL APP DATE TOTAL DUE REMARKS:sI�Q �or, �� ,' > > 2 :�cti�CC1•_ c�..r 1 v��L4f4s�-�ti' _ -11 &� INSPECTION REQUIRED — FOOTING before pour FRAMING rough in INSULATION _ WALLBOARD Before Tdping FINAL before occupancy WORK BEYOND OR WITHOUT A RE OUIRED INSPECTION WILL BE SUr JECT TO PENALTY INSPECTION HOURS 473 7357 CALLS 12 A M INSP 1 4 P M CALL 1 4 P.M. INSP NEXT DAY WORK REQUIRING SEPARATE PERMITS PLUMBING .-- MECHANICAL _ WELL SEPTIC SEWER - - - WATER -- - --- GRADING m FILLING__ - ELECTRICAL from State ACKNOWLEDGEMENT THE UNDERSIGNEC HEREBY REQUESTS PERMISSION TO MAKE THE REAL IMPROVEMENTS SPECIFIED. AND DECLARES UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT ANCE OF ALL INFORMATION. CONDITIONS AND REQUIRE MENTS REPRESENTED ON THIS DOCUMENT THE UNDER SIGNED FURTHER AGRF-ES TO DO ALL WORKS IN STRICT COM- PLIANCE WITH ALI_ CITY OF ORONOORDINGNCES AND STATE OF MINNESOT IILDING CODE A QUIRE41ENTS i i Ua. _ �-- COPY WHITE FILE GREEN FINANCE CANARY INSPECY0H GOLD RECEIPT , TO: Council FROM: Jeanne Mabusth, Zoning Administrator DATE: February 2, 1981 SUBJECT: #555 Cortlen Cloutier, 2480 Casco Point Road - Variance & Conditional Use Permit A. List of Exhibits Exhibit - 1 Cloutier's letter of 9-22-80 Exhibit - 2 Assessor's Field sheet 1-2-77 Exhibit - 3 Zoning Administrator's letter of 11-12-80 Exhibit - 4 Planning Commission Notification 12-2-80 Exhibit - 5 Map designating average lakeshore setback Exhibit - 6 Planning Commission Minutes, Sept. 22, 1980 Exhibit - 7 Planning Commission Minutes, Dec. 1, 1980 Exhibit - 8 Planning Commission Minutes, Jan. 19, 1981 B. Brief Review of Application since Council Meeting of Jan. 28, 1980 JULY 28, 1980 Council referred the Cloutier application to the Plan»ina Commission for additional review based on the receipt of affivavits from Mike Scheller and Wilbur F. Andersen. SEPTEMBER 22, 1980 Cloutier presented his letter of 9-22-80 dociinientin^ his position that the sc op& of the project was clearly understood by ;he building inspector. Planning Commission granted the applicant 60 days to prepare new proposal requiring a survey oting all setbacks and plan for remainin5 structure with second story removed. DECEMBER 1, 1980 Tabled until meeting of January 19, 1981. Applicant claimed tie was unprepared becuase he never received notification of 11-12-80 nor a copy of Planning Commission minutes of 9-22-80. Applicant way advised that at the January 19, 1981 meeting, the Planning Commission would take final action on either the original application or a new proposal but that 2 would depend on applicant. Cloutier sent copies of ordinances per- taining to lakeshore setback (34.201) and setbacks for LR-1C zoning district (see exhibit 4) JANUARY 19, 19dl A.pnlicant withdrew new guest house proposal. since required lakeshore setback for new guest house would interfer with future plans for an addition to the main house. Planning Commission revie wel the original application and made their recommendation. Please review exhibits 6, 7 and 8 for background discussion and recommendation. In response to Cloutier's letter of 9-22-80. The Planning Commission accepted his report as part of the official record but that he must realize the City's records show no permits for the additional work done outside of original buildings permit. In the Planning Commission's recommendation, the single story boat house was allowed to remain because the following findings were made: 1) original permit covered a single story boathouse 2) remaining portion of structure is in safe condition 3) remaining portion of structure is in good repair 4) fair market value as of 1-2-77 was $2,500.00 Commission members recalled the City's position on the Van Tassel Conditional Use Permit. The fair market value of that structure was $900.00 but staff inspection deemed the boat house sound and in good repair. The City approved construction of a deck on top of the boat house. If a single story boat house capped with a deck is allowed to remain, Cloutier must obtain a building permit to make all necessary changes in existing structure. I have noted below the Planner's options of action noted in his memo of 7-24-80. To recommend denial of the requested conditional use permits and variances, and further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106. If for some reason, there is shown to be cause for allowing some work to remain, the Council would have to make the following findings and approvals, none of which have been made: 1. To keep a single story boathouse only: a) find that value exceeded N3,000.00 as of 1-1-75, and notify assessor of change b) approve conditional use permit for a non -conforming use as of 1-1-75, Section 32.480 2. To keep any second story shell, without dwelling capability: a) find that it existed before 1-1-75 b) find that it existed before Ordinance No. 155, 2-14-74 (75' setback) c) find that it was never an unpermitted expansion of a non -conforming use d) authorize building permit approval after the fact, subject to full code compliance and payment of all fees and penalties. 3. To allow guest house use, all findings above plus: a) find it was so used before 1-1-75 b) approve guest house conditional use permit, Section 34.027 and variances to lot area, side setback and lake setback c) require installation of sanitary facilities d) require payment of additional SAC, sewer unit and water unit charges REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 11, 1981 Page 9 Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION #1246 Resolution #1246, A Resolution Denying Variances 2697 Casco Point Road Requested By Richard Lorge For Property Located At Richard Lorge 2697 Casco Point Road. Motion, Ayes (5)- Nays (0). Mayor Van Nest moved, Butler seconded, to reconsider RECONSIDER MOTION the motion made at the December 17, 1980 Council 659 Minnetonka Highlands meeting for the Speeter and Henninger properties at #586 659 Minnetonka Highlands Lane. Motion, Ayes (5) - Speeter/Henninger Nays (0) . Mayor Van Nest moved, Butler seconded, that the motion made at the December 17, 1980 Council meeting be amended to read that no easement is necessary between Messrs. Speeter and Henninger properties at 659 Minne- tonka Highlands Lane. Motion, Ayes (5) - Nays (0). Jean Mabusth, Zoning Administrator, reviewed her CONDITIONAL USE PERMIT & memo dated February 2, 1981 with the City Council VARIANCES concerning the variance and conditional use permit 2480 Casco Point Road request of Cortlen Cloutier, 2480 Casco Point Road. 4555 Cortlen Cloutie Mr. Cloutier was present and reviewed with the City Council his recollection of the past history of construction of the existing boat house. Mayor Van Nest reviewed with Mr. Cloutier affidavits from the previous building inspector and Mr. & Mrs. Wilbur Andersen and also comments from the neighbor- hood citizens. Mayor Van Nest commented that it is clear that the original building permit was not intdnded to allow a second story structure and that the boat house had been a non -conforming use before January 1, 1975. Councilmemner Butler -ead Zoning Code 32.340, 34.027, and 34.202 relative to conditional use permits for a guest house and variances for new work within the 75' lakeshore setback. Butler moved, Hurr seconded, to direct staff to draft a resolution for the February 23, 1981 Council meeting denying a conditional use permit and variances and tc require removal of the second story, the remaining structure to be capped with a deck, subject to all building permits being obtained for Cortlen Cloutier. 2480 Casco Point Road. Motion, Ayes (5) - Nays (0). Jean Mabusth, Zoning Administrator, reviewed with the CONDITIONAL USE PERMIT City Council and the applicant, Mr. Fred Harvey's 3580 Wayzata Boulevard proposal and specifically, the memo dated February 11, #579 1981 to Mr. W. R. Benson, which states: Fred Harvey (Continued) Control No. 555 hilt Office N)x M*CryctaI flap, Minnewta 553213a MunicepaI (Nficee Telephone 473 7357 T0: Cortlen G. Cloutier 2480 Casco Point Road Wayzata, MN 55391 Copies t : Meeting Date 2-11-81 Notice Date 2-12-81 x Variance x Conditional Subdivision, Subdivision, Use Permit Preliminary Final COUNCIL ACTION Vote: For s_ Against _ Abstention MOTION Cn,,ncil voted to deny your onditional use permit and variance application requesting the following improvements to the boat house structure on your property: (1) construction of a 3 seasonal porch on second level (2) remodeling of existing second story to guest house () hooking up of guest nouse to City sewer and water (4) installation of furnace. Council has directed staff to draft a resolution for the February 23rd meeting noting this action. DEADLINE DATE _ for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin for work to be application completed _X WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership -►r use, or on deadline specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline Sate. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from meeting date. REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 23, Alan Olson, City Planner, stated that Mr. Cortlen Cloutier, 2480 Casco Point Road, had called that he had not received the resolution and requested that the matter be tabled. 1981 Page 17 ✓VARIANCE i, CONDITIONAL USE PERMIT 2480 Casco Point Road #555 Cortlen Cloutier Mayor Van Nest moved, Paurus seconded, that the variar.— and conditional use permit resolution for Cort'_.. Cloutier, 2480 Casco Point Road, be tabled until t1 2 meeting of March 9, 1981. Motion, Ayes (5) - Nays (0) . Mr. Fred Harvey, 3580 Wayzata Boulevard, asked the City Council to explain the public safety, health, and welfare provisions included in the proposed resolution. Mayor Van Nest: The intended commercial activity is not only a detriment to the public safety, health, and welfare because of existing dangerous traffic problems, but the existing zone is for rE:idential uses,because of this, your proposal would only add t the present safety problems. Your intended method of marketing is not consistent with our code. Mr. Fred Harvey: The constitution states crops raised can be sold on the property. I believe all the stands are in violation. Mayor Van Nest: They would have to be specifically addressed. CONDITIONAL USE PERMIT. 3580 Wayzata Boulevard #579 Fred Harvey Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #1248 Resolution #1248, A Resolution Approving A Conditional 3580 Wayzata Boulevard Use Permit For The Planting Of A Crop And Denying The #379 Retail Selling Of That Crop On The Property Located At 3580 Wayzata Boulevard, subject to legal reviel. Motion, Ayes (5) - Nays (0). Jean Mabusth, Zoning Administrator, reviewed with SUBDIVISION the City Council the final subdivision request of 1440 Shoreline Drive Jame and Mary Rivers, 1440 Shoreline Drive. #590 Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1249 Resolution #1249, A Resolution Approving A Metes 1440 Shoreline Drive And Bounds Subdivision For Lauren E. Born, James P. James livers Rivers And Jack Lehtinen, subject to the following: 1. Special agreement to be drafted by the City Attorney requiring Lehtinen to tie his remaining commercial property into a "special combination" with east portion of Parcel 3, formally recognizing relation- ship of all parcels to commercial operation. 2. Separate open space easements over eastern portions of Parcels 4 6 5 prohibiting all construction, parking, exit or entrance use ►-y cars to adjacent docks. (Continued) CITY TY of ORON ) Control No. 555 1'4-st Office Box 660l'rvstal Nn�. Mfinneauta 5.7623eMumcipal Offices Telephone 473 7351 T0: Cortlen Cloutier 2480 Casco Point Rd. Wayzata, MN 55391 Copies to: Meeting Date Notice Date 2-23-81 _x Variance x Conditional Subdivision, Subdivision, Use Permit Preliminary Final ******'c -****** *****-.`-*-'x*****-A *** * **k* :**�ht�k�t COUNCIL ACTION Vote: 5 For Against Abstention MOTION to table all action on the application until the Council — meeting of March 9, 1981. Enclosed, herewith, is a revised draft of the original copy mailed to you on February 20, 1981. A minor clarification was made on page 3 Item (8). nk***#*************•.'.• **-'k * h � ******�k* �t�k l�k•A—k*-k ***�1•*-'k*******�rk�r**�•*ic*•'k�t**•k***�r�k*•k•**��k�lk DEADLINE DATE _. for submittal of new information (application may be considered formally withdrawn if information or explanation is not prc,vided). for Work Permit for wo.-k to begin for work to be application completed WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. r! Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator. FINAL SUBDIVISION APPROVAL - Applicant must have d•,•awings, resolution and all other required documents recorded, with certification of such recording returned to the City by deadline date. Certified copies of official City Council Minutes may be obtained by contacting the City Clerk. Allow at least three weeks from ecting date. i i REGULAR MEETING OF THE. ORONO COUNCIL, MARCH 9, 1981 Page 11 r Jean Mabusth, : iing Administrator, reviewed th_ variance and cc 'itienal use permit request of Cortlen Cloutiet 2480 Casco Point Road. Mr. Cortlen Cloutier was present to discuss the proposed resolution commenting: I object to your resolution and the findings included in the record. I have been 'iefore the Council fourteen times and I want it char that I do object to your act -Lon. Mayor Van N,:st: I would like to correct you, Mr. Cloutier. This has not been before the City Council fourteen times. Mr. Cloutier: No, it has just been the process. /! CONDITIONAL USE PERMIT VARIANCE 2480 Casco Point Road #555 Cortlen Cloutier Hurr moved, Paurus seconded, to adopt Resolution RESOLUTION #1254 #1254, A Resolution Denying A Conditional Use Permit 2480 Casco Point Road And Variances Requested By Cortlen Cloutier For Cortlen Cloutier Property Located At 2480 Casco Point Road. Motion, Ayes (4) - Nays (0) . Jean Mabusth, Zoning Administrator, reviewed %-,ith the City Council the variance anc; conditional _6e permit request of John Muehlberg and John Arnott for 3220 Navarre Lane. Applicants were not present. CONDITIONAL USE PERMIT { VARIANCE 3220 Navarre Lane #596 Muehlberg/Arnott Hannah moved, Paurus seconded, to adopt Resolution RESOLUTION #1255 #1255, A Resolution Denying An Application For A 3220 Navarre Lane Variance And A Conditional Use Permit For A Three- Muehlberg/Arnott Unit, Planned Residential Development Of Property Located At 3220 Navarre Lane. Motion, Ayes (4) - Nays (0) . Jean Mabusth, Zoning Administrator, reviewed with SUBDIVISION the City Council the preliminary subdivision request 320 Woodhi.11 Road of Robert White, 320 Woodhill Road. Robert White # 580 Mr. White was present to discuss his application.. Mayor Van Nest moved, Paurus sec nded, to approve the preliminary subdivision, subject to the Planning Commission's recommendations and E:•hibit A to include a variance to allow these two lots to be served by one curb -cut, since it is in the public's interest that these two lots be served by one designated driveway easement. Motion, Ayes (4) - Nays (0). EXHIBIT City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 A RESOLUTION DENYING A CONDITIONAL USE PERMIT AND VARIANCES REQUESTED BY CORTLEN CLOUTIER FOR PROPERTY LOCATED A':2480 CASCO POINT ROAD WHEREAS, the Citj of Orono is a mun4cipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Cortlen Cloutier hz:s applied for a conditional use permit and variances to the non -conforming use sections and to the hardcover regulations for lakeshore property to permit the following: 1. To convert the second story of an existing boat house to a :juest house apartment. 2. To add a three -seasoned porch, 1316" X 18'6", to the second story of the existing boat house. WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission; affidavits from Milo: Scheller, Maurine and Wilbur Andersen; comments by neighborhood citizens; and letters and comments by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby denies the application for a conditional use permit for a gL--!st house (Section 34.027) and hereby denies all variances which would first be required to approve said conditional use perm4.t, which variances propose new work within 75 feet of lakeshore (Section 34.202), expansion of a non -conforming use (Section 31.108), and a change from the existing non -conforming use to another non- conforming use (Section 31.101), all of which denial is based upon one or more of the following findings of fact: 1. The Cloutier property consists of approximately three acres legalli dc:scribed as follows: Lots 1, 3 & 4, Block 1 and Outlot 1, Tillson's Villa Carman PAGE 1 OF 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 2. The existing boat house construction commencing sometime prior to May 7, 1971, was completed in the fall of 1971. 3. Building permit No. 2495 was written to cover construction of a single -story boat house capped with deck, approximate size 20' X 301. 4. Building permit No. 2495 was issued on May 7, 1971; fee of $5.00 was based on valuation of building material at $500.00; all work to be done by the owner. 5. The affidavits of Mike Scheller, former building inspector, and Maurine and Wilbur Andersen, neighbors residing at 3555 Fredrick Street, attest that the original permit was to cover a single -story structure capped with a deck. No second story was ever authorized by permit and the inspector's affidavit states that he inspected a structure assumed to be complete that did not contain any second story. 6. Following receipt of a complaint by an anonymous neighbor on June 19, 1980, an inspection was made by the building inspector and the zoning administrator of the boat house. The following was noted: a) A two-story boat h ise not of recent construction b) A 14' X 18' incomplete addition attached to lakeside of second story, including stud walls and roof and large window areas in walls. c) Partial installation of a new furnace. d) Partial connection of sewer and water lines for sinks and stool stored in second story. 7. The CiLy files have no record of a building permit being issued for second story of boat house required by Ordinance 32.260 of the zoning code. PAGE 2 OF 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 S. The City files have no record of a building permit being issued for the three -seasoned porch additicn. Section 32.260 of the zoning code requires buildi.g permits for erection or structural alteration of all structures in the City. 9. The City files have no record of a mechanical permit. being issued for partial work done on furnace of boat house. 10. The City files have no record of a plumbing permit being issued for partial pluiitzing work done for boat house, including underground sewer and water piping installed. 11. The boat house, located 30 feet from shoreline of Carman's Bay, has been a non -conforming use as of January 1, 1975 per Sections 34.201 and 34.202. 12. The City files have no rec-rd of a Certificate of Occupancy being issued for the non -conforming boat house structure per Section 32.250. 13. The City files have no record of a conditional use permit being issued for the non-confo ming boat house use per Section 34.420. 14. Construction or occupancy of guest houses have required prior City Council approval of a conditional use permit since the adoption of the first. Comprehensive Zoninq Code, Ordinance NO. 93 in 1967. 15. The City files have no record of any application by Cloutier or any other person to have a guest house on this property, until this application was made in 1980. 16. The Assessor, on January 2, 1977, appraised the fair market value of the single story and deck at $2,500.00. 17. The second story and proposed three -seasoned porch are an expansion )f a non-conf>rming use. 18. The City has consistently denied variances for expansion of non -conforming structures. PAGE 3 OF 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 19. A guest house use is a change from the original nog► -conforming use of the boat house. 20. The existing structure could not meet the setback standards required by the conditional use permit for a guest house. 21. Applicant applied for a conditional use permit to relocate a guest house on his three -acre site, but withdrew the application on January 19, 1981 when he realized the required average lakeshore setback for the relocated structure would interfere with an addition proposed for the main house. In that application, the secc.� story would have been removed and the remaining boat house capped with a deck. 22. The proposed addition of a three -seasoned porch within the restricted lakeshore setback area is additional hazdcover as prohibited by Section 34.202, and is a violation of the 75 ft. lakeshore setback regulations of Section 34.201. 23. Applicant argues that the building permit issued by the City on May 7, 1971 must have included the request to build a second story even though the building permit clearly does not provide such a right and that in 1971, he would have had a right to build an upper story, such arguments have no merit for one or more of the following reasons: a) A building permit has not been provided for upper story. b) Building permit No. 2495 was written for only $500.00. c) Cost of construction material for a two-story structure in 1971 would have been more than $500.00. d) There are no architectural plans on file to substantiate a two-story structure. e) A conditional use permit would have been required in 1971 and there is nin, on record. f) A mechanical permit would have beon required in 1971. for all work done on furnace. PAGE 4 OF 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 g) A plumbing permit would have been required in 1971 for all work on Sewer and water lines. h) There is no record of a State permit for the electrical work. i) Neighbors and former building inspectoz attest the boat house structure was to be a single -story structure capped with a deck. j) The State Building Code r.:quires the inspection of the various phases of construction and there is no record of any except that the former building inspector states he remembers inspecting a single - story structure that he assumed was completed. 24. The granting of the required variances would result in the following violations of Section 32.340 of the zoning code with which the applicant must first comply before the requirec variance can be granted: a) The variances would have an adverse effect upon the health, safety arA welfare of the community. b) The value of surrounding properties will be adversely affected. c) There are no special -onditions applying to the land in question which are peculiar to the land or immediately adjoining property. d) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. e) The gr�.nting of the variances would impair the health, safety, comfort and be contrary to the intent of the zoning code and Comprehensive Plan. f) The granting of the variances will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty. g) The granting of the variances would be adverse to the regulations of the Minnehaha Creek Watershed District. PAGE 5 OF 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1254 h) The granting of the variances would be adverse to the Department of Natural Resources Shoreland Management Regulations. 25. The applicant has not introduced any evidence contrary to any of the above findings of fac*, except to state that he thought that permit No. 249S covered all such work, even though said permit contains no reference to anything except a boat house and even though work was .suspended for at least nine years between 1971 and 1980, during which time Cloutier did not continuously reside on the property. FURTHERMORE, BE IT RESOLVED that based upon the foregoing findings that confirm the upper story was erected in violation of the rules and regulations of the State Building Code and the Orono Zoning Code, the City Council hereby requires the removal of the entire second story of the boat house at 2480 Casco Point Road subject to the following conditions: 1. That applicant obtain the necessary building, permits to make the required structural changes to be completed no later than six months after adoption of this resolution. 2. Upon removal of the second story, the remaining structure may be capped with a deck pursuant to obtaining a build- ing permit therefore. Ado-,ted by the City Council of the City of Orono, Minnesota at a regular meeting held March 9 , 1981. William B. Van Nest, Mayor Attest: Alberta Strom, City C1erTc PAGE 6 OFF__ TO: File FROM: Tom Jacobs, Building Official DATE: March 10, 1981 SUBJECT: 2480 Casco Point Road, work done with out permits 03-26-80 Was informed by unknown caller that work was being done by lake at 2486 Casco Point Road and wanted to know if permit was issued. I checked the file and no hermit was issued. 03-26-80 A site inspection was madk I found that work was being done by 2 carpenters I didn't get their names they told me that they thought the owner had gotten the required permits. The work being done was wood frame,at the the time I thought it was a seasonal porch. A stop order was posted. 06-16-80 I was informed by Jeanne Mabusth that Planning Commission wanted 3 determination as to weather the work was new or existing_. Photos were taker; and my interpation was it was new, because of new lumber being used and that the existing exterior walls -re stucco and that the wall which was inside new adaiuion had stucco and outside outlet on it. 11-04-80 Again when checking the site I found that two roofers were reroofing the main structure, :.lay tile roof. They were almost finished. I talked to Mr. Cloutier's father explained that a permit was required. 11-04-80 Mr. Cloutier's father came in picked up a permit for reroofing the house and garage. The estimated con- struction cost was $500.00. 01-28-81 Was told by a resident of the City that more wcrk was done on the property. I went out to inspect the property and found that the garage was having major repairs being done to it which the previous permit did not cover, this consisted of the following: 1) 2 windows being replaced 2) rafters being taken out and replaced 02-02-81 Mr. Cloutier came in for a permit, he added that he would be putting in a concrete slab besides the work found done without a permit. cc: Jeanne Mabusth, Zoning Administrator Bruce Malkerson, City Attorney TO: File FROM: Tom Jacobs, Building Official DATE: March 10, 1981 SUBJECT: 2480 Casco Point Road, work done with out permits 03-26-80 Was informed by unknown caller that work was being done by lake at 2486 Casco Point Road and wanted to know if permit was issued. I checked the file and no hermit was issued. 03-26-80 A site inspection was madk I found that work was being done by 2 carpenters I didn't get their names they told me that they thought the owner had gotten the required permits. The work being done was wood frame,at the the time I thought it was a seasonal porch. A stop order was posted. 06-16-80 I was informed by Jeanne Mabusth that Planning Commission wanted 3 determination as to weather the work was new or existing_. Photos were taker; and my interpation was it was new, because of new lumber being used and that the existing exterior walls -re stucco and that the wall which was inside new adaiuion had stucco and outside outlet on it. 11-04-80 Again when checking the site I found that two roofers were reroofing the main structure, :.lay tile roof. They were almost finished. I talked to Mr. Cloutier's father explained that a permit was required. 11-04-80 Mr. Cloutier's father came in picked up a permit for reroofing the house and garage. The estimated con- struction cost was $500.00. 01-28-81 Was told by a resident of the City that more wcrk was done on the property. I went out to inspect the property and found that the garage was having major repairs being done to it which the previous permit did not cover, this consisted of the following: 1) 2 windows being replaced 2) rafters being taken out and replaced 02-02-81 Mr. Cloutier came in for a permit, he added that he would be putting in a concrete slab besides the work found done without a permit. cc: Jeanne Mabusth, Zoning Administrator Bruce Malkerson, City Attorney Cortlen Cloutier July 15th - evening - received call notifying me of excavating and filling withing 75' of lake at 2480 Casco Point Road - Police were asked to advise owner of the reed for a permit and to contact me at the City offices. July 16th - AM -- issued a stop work order and left an inspection slip advising owner of need for permits for excavation filling, grading within 75' of lakeshore and construction o` retaining wall within 0 - 75' of lakeshore. In addition erosion control was necessary and required placing of hay bales along lakeshore. Jul-_l6th - PM - Owner, Cloutier, called me at the office to state he was not aware he needed permits and what does he do at this point. He was advised of the need for erosion control and advised I'd get back to him as lie had arrangements for a "CAT" to come out on Saturday to complete the project. July 17th - PM - A tag and letter were hand delivered and received by unidentified woman. She was advised that the tag &� was part of our normal procedure. The letter advised that owner would have to bring the disturbed area back to its original state and may at that point apply for a permit - bui;lding inspec or would inspect on Monday. July 19th - PM - Reports from neighbors that area was being worked on - applicant was advised to restore everything to its original state over the weekend. Jul 10th - An inspection was made of the site - area had not been returned to original. state - retaining wall still in place - Owners father informed us that his son planned to appeal the citation - they were to place hay bales along shoreline that afternoon. UIT Y of "HONU Control No. 555 Plmt (Wave Wx ti eCrpatul NeiY, 1lfinnewtu.'iM23eMunicipal Offem Telephone 47a-7 K, TO- Cortlen Cloutier 2480 Casco Point Road Wayzata, MN 55391 Copies to: Meeting Date March 9, 1981 Notice Date larch 10, 1981 _ x Variances X Conditional Use Permit Subdivision, Preliminary Subdivision, Final -,llr��r:�r�r*; ���t���:ti�ktk�t;k:kik�hY�Vnk�►'nY�lr'tY�k- :kit*3c*;k-h:�:hk��k�4c;k�k�Y�t�Slr;k�k;k�'nkk:ti�sY�;Y�Y�l—k�YsY�hk;k�t:k COUNCIL ACTION Vote: 4 For Against Abstention MOTION To deny your conditional use r,ermit and variance i-onlication. Council unanimouslv moved to a»nrove the enclosed denial resolution. DEADLINE DATE September 9. 1981 for submittal of new information (application may be considered formally withdrawn if information or explanation is not provided). for Work Permit for work to begin X for work to be application completed X WORK PERMITS ARE REQUIRED - contact Building Inspector before beginning work. VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. CONDITIONAL USE APPROVAL expires upon change of ownership or use, or on deadline date specified above. PRELIMINARY SUBDIVISION APPROVAL - Applicant must provide all information and/or improvements required for final approval. Contact Zoning Administrator FINAL SUBDIVISION APPROVAL - Applicant must have drawings, resolution and all other required documents recorded, with crrrificatiort of such recording returned to the Citv by deadline date. _ Certified copies of official Cite Council Minutes may be obtai_ned by contacting the City Clerk. Allow at least three weeks from meeting date. CITY of ORONO 1'ost Office Box 6fi•Crvetal Bay. Minnewrtu 55;W*Nlunrcnpal Office* On the Vurth Shore of Lake Ahnnetonka July 13, 1981 Cortlen G. Cloutier Cloutier, Musech & Dobis 610 Midwest Plaza Building Minneapolis, MN 55402 Dear Mr. Cloutier: This letter is written to clarify the Cou.ncil`s directi- 2 of the Resolution of the Council No. 1254, a copy'of which has been enclosed for your convenience and review. The resolution calls for the complete removal of the second story of the boat house, constructed under building permit no. 2495 issued May 7, 1971. The resolution further directs that the complete removal of the second story be completed by September 9, 1981. In addition, staff has been authorized to issue a building permit that would allow the capping of the remaining structure with a deck. Please contact either Tom Jacobs or Jeanne Mabusth of the Building and Zoning Department, if you have any questions concerning the enclosed resolution or the procedure for obtaining a building permit to begin the required alteration of the boat house structure. Sincerely, 6. Jeanne A. Mabusth Zoning Administrator cc: Thomas J. Jacobs building Official Nl 11 Ul%t. A /11\1\4. 47; 7 • • 41AIMISIRA110% A FI%ArCf ' 47)•7)5a 0 PI BLK NARKS 47111w CITY of ORONO V—t Mfire K)x 66OCrystal Hay Minnesota 55323OMunicipol Offices On the North Shr e of Lakt- Minnetonka July 13, 1981 Cortlen G. Cloutier Cloutier, Musech & Dobis 610 Midwest Plaza Building Minneapolis, MN 55402 Dear Mr. Cloutier: This letter is written to clarify the Council's directive of the Resolution of the Council No. 1254, a copy of which has been enclosed for your convenience and review. The resolution calls for tht complete removal of the second story of the boat house, constructed under building permit no. 2495 issued May 7, 1971. The resolution further directs 1-nat the complete removal of the second story be completed by September 9, 1981. In addition, staff has been authorized to issue a building permit that would allow the capping of the remaining structure with a deck. Please contact either Tom Jacobs or Jeanne Mabusth of the Building and Zoning Department, if you have any questions concerning the enclosed resolution or the procedure for obtaining a building permit to begin the required alteration of the boat house structure. Sincerely, 6. /I'►1, art Jeanne A. Mabusth Zoning Administrator cc: Thomas J. Jacobs building Official RI.ILDIrt.! IONIM. 4737357 • ADNINISTRAIION t FINANCE 473-7338 • Pl BLIC WORKS 473.7359 4MESSING ORONO POLICE DEPARTMENT ENFORCEMENT OFFENSE REPORT REM �r: INCH""LAW [DAr: • M T T F • coot V CONTROL NUMBER {OCA) CONT. AGENCY NCIC (DENT. ICAO) ! C. 1 . r l M N 1 0 I f 7 O O LNGR DATE IIIR►ol TIME RPO (TRPI F2 / �_ g O / LOCATION GRIND MDR ILGN) ./ 1 PLACE COMMITTED 4PLC) LNOR "m BADGE�NO(RON) TrIME AgSIG. (TAS) rpT (TTIME ARR. ITAR) TIME CLR. ITCL) HAD Codo NER ISN WC UCS % /El 1 1 LNRR ISM UOC UCE M / a / . . 1 _ 11• In Ilm em SUPERVISOR APPROVED €NTERED C.J R.S. ❑ V - VlMtwl M •MN T - Otter Rpwtsd By 0,19v O v- ©rQ N Dos/ But. Nbr. Addeg" __ Nome N,r _ COrnOleinMt _ tA/J //I46lAS 7(1 _ DOB/- Addrw, Phone Nbr: incidentDetcriptwr.. LJf`gt�l�riGC. ldLAi?en1 _ -- �r ROLL CALL D SEE CASE FILE Warn l4 RPIPav I)PIit A«ii.f Messarp. nmiver T& Transpf rte�) _ irrate(. I A,Ivi;nci Citation Issur��l Citation � nPiaa CnmplPterl G.O.A. _-_:__ .SAL hA,� /'Qcei�.<<'A phoo'. Cao, morn C��•���.�,� �q�� _�A�N � /lATLM�cI L_ �(U�l i-/ CY' ) `/ FL) C! A,, "t r CO+��_ G�it!�S_5�����M�—�L�- --• c &iLwe- �.JV.L irNd %a �atd mot �)l1 •n) Rt ^ I / DrtNc4 /il✓' L .i.oceT, er �- - �� !rt►s. _ 1e1LL� l���r^n �' f bar . jk e----S � e r % Act jc�A$k p-'"# bi/c K f I`crsrt I-K,- -6! 0'! C '- ;4— e- w^ $ A- yX A ?,,At__ a.f d arf by 'f„ w+�� M - ' Er�� . _�.��__r►s ._ _ _ . 4 I-/L e- VF P•3 Ru. !tNc, A /�.! r v(- /�I a.►t C`�^f 64w:K �anJn s 1. /- �f i / �' �� >�+ t;'pn' /,+c: t- -} a nll 1-'14bv.�7'1 C:) .4 r' N c'.' cI .H f)e. � c_' 1 ly CITY OF ORONO INSPECTION NOTICE PERMIT NO. ADDRESS OWNER TELEPHONE NO. DATE CALLED IN SCHEDULED COMPLETED CONTR. TIME 0 • FOOTING C PI UMBING RI ITE INSPECTION 41T • FRAMING p MECHANICAL EXICAV.IURADINGIFILLING 0 INSULATION p WATER HOOKUP LAK ESHORE/WFT LANDS 0 WALL BD O METER SET/TURN ON .3 J LICENSING C1 FINAL 0 SEWER HOOKUP 0 COMPLAINT 0 PROGRESS 0 SEPTIC INSTALL ZI FOLLOW UP 0 DEMOL [I SEPTIC MAINT 13 SEPTIC FINAL O C FIRE PREV C: WELL TEST PUMP COMMENTS: �j _.�-___ o _ 1AJ *t — -j Z! -Zi f2L-1 cc cc -7 Asd J ZLft:e Lk 41 cc 1 7 J& cc LL WORK 41--. SA T I^SF AC �TOR )P.10CEF i Zi AL�. VKOTO TA N Cj tURRECT WORK & PROCEED [] CORRECT WORK CALL FOR REINSPECTION BEFORE COVERING, ORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL ff STOP ORDER POST E D CALL INSPECTOR [I INSPECT ION HEOUIRFD CALL TO ARRANGE ACCkSS call for the next inspection 24 hours in advance. Owner/Contr. on site I nspect. White Copy InsImcio- s F,'v Gold copv 1%gle Notme W kk 2 Q z XT i Q 0 Ct W cc 0 O W W cc Q z W Z W cc a W cc W O O C.� CITY OF ORONO CALLED -IN GATE INSPECTION NOTICE '-REDUCED PERMIT NO. — _ _ _ _ COMPLETED 7 _ �_ 1EV ADDRESS OWNER �_ _ CONTR. _ TELEPHONE NO TIME U it 0 FOOTING Ej PLUiABING RI VSITE INSPECTION ❑ FRAMING ❑ MECHANICAL ❑ EXCAV./GRADING/FILLING ❑ INSULATION ❑ WATER HOOKUP ❑ LAKESHORE/WETLANDS ❑ WALL BD p METER SET/TURN ON ❑ LICENSING O FINAL O SEWER HOOKUP ❑ COMPLAINT ❑ PROGRESS 177 SEPTIC INSTALL Cl FOLLOW-UP C7 DEMOL ❑ SEPTIC MAINT O SEPTIC FINAL FIRE PREV n WELL TEST PUMP ID COMMENTS: Zy c ❑ WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN '] CORRECT WORK & PROCEED LI CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING O CORRECT UNSAFE CONDITION WITHIN HOURS INSPECTOR WILL RETURN f7 STOP ORDER POSTED CALL INSPECTOR. I j INSPECTION REOUIREU CAI I- TO ARRANGE ACCESS call for the next inspection 24 hours in advance. _ Owner/Contr. on site Inspector`473-7357 White Copy/Inspector's File Gold Copv:Site Not,(.e N ouNTy CITATION 33 5814, 8 4'� / _ No. ��c�Y L. E+J CCU k2 t LIC. N E NAME � - tIC. NO. YR. S1'. ADWSS �� P sc C.; F' . �f MAKE--MODEL-COL CRY A�,Z.�"T A ST.V�- - ZIP�==' DATE, MO.DAYYR.TLME:.._.-- JIIV � � � O.O.R. HT. WT.-SEX PLACE N If "cn OPEN: DEsc. w w o ENDANGE'rvR In OR ❑ ACCIDENT mm*,. m . 04194.2 STATE - 84 4� ACTMTY CO RT DMSION co. CODE mm PENALTIES WILL BE ASSESSED AND AN ARREST WARIII W ISSUED FOR 'NOT RESPONDING TO THIS CITATION WITHIN 7 AT THE VIOLATIONS BUREAU LISTED ON THE REVERSE SIDE. SIGNATURE_ 02- CITY of U80NU Post Office Flax 660Crystal Hay, Minree•ota &%323*Municipal Offtcea On the Nor(lz Shore of Lake ,Minnetonka BUILDING AND ZONING DEPARTMENT OFFICIAL CORRECTION ORDER July 17, 1981 Cortlen Cloutier 2480 Casco Point Rd. Wayzata, MN 55391 Re: Code Violations at 2480 Casco Point Road DeAr Mr. Cloutier: An inspection conducted at the above subject property on July 16, 1981, revealed certain municipal code violations as follows: 1) Construction of a retaining wall without a conditional use permit. Ordinance 31.700. 2) Filling, grading and excava'-ing within 75' of the lakeshore. Ordinance 31.700 Ordinances 31.700 has been enclosed for your review. A stop work order has been posted on the site pending resolution of the violations noted above. The City will require the im- mediate restoration of the disturbed area to its original state. In addition, the City will require that you include a complete soil erosion control program in that restoration. Thomas Jacobs, the building official, will inspect the entire operation. When the restoration is completed, if you wish to proceed with your proposed plan to secure your sand beach by constructing a retaining wall along the edges of your lakeshore bank, you mat apply for a conditional use permit. Sincerely, Thomas J. J cobs Building Official Sl'tl DI`(. A /O%1%(, 473 7J.s • AUMI'r111 k %11u% A 11\ A%l 1 4' S 11514 • ►UNLIC WORKS — 473 7159 CITY OF ORONO INSPECTION NOTICE PERMIT NO. ADDRESS — *,2 `t W—CI OWNER _ TELEPHONE NO. O FOOTING ❑ FRAMING CALLED -IN SCHEDULED COMPLETED L DATE CONTR . TIME Q'SITE INSPECTION ❑ EXCAV./GRADING/FILLING; ❑ INSULATION (] WATER HOOKUP O LAKESHORE/WETLANDS O WALL BD. [i METER SET/TURN ON ❑ LICENSING W n FINAL D SEWER HOOKUP O COMPLAINT tL O PROGRESS O SEPTIC IASTALL. 0 FOLLOW-UP O DEMOL. ❑ SEPTIC MAINT O SEPTIC FINAL O ❑ FIRE PREY ❑ WELL TEST PUMP O _ Z `t COMMENTS: _— Lo cc a_A__q� G cc O 0 14. ti Q IIrt w Z -- W CC d cc w O ❑ WORK SATISFACTORY PROCEED ❑ PHOTO TAKEN O O CORRECT WORK & PROCEED V ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING; ❑ CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN C STOP ORDER POSTED. CALL INSPECTOR L; INSPECTION REQUIRED CALL TO ARRANGE ACCESS ❑ PLUMBING RI O MECHANICAL call for the next inspection 24 hours in advance. Owner/Contr. on site -- - --_-. ----___-- _---- _-_ Inspector -- 473-7357 White Copv'Inspec'ur s File Goid CopyiSite Notice R;' Rio 0 MINIVEHAPIk WATERSHED', 9"" i 7. TT1ICd'-T P.O. Box 387, Wayzata, Minnesota 55391 MARC 01 MANA41As Oavd N Codaan. PIPS, • Albert l Lehman • Igmn 5 RySjfll . Id.n f fAanln • Barbara Gudmundeen `ee�wa�n�n�o. ea. �.•a��.�.e+•.....r . •. .. .. July 27, 1981 Mr. Cloutier 610 Midwest Plaza Building Minneapolis, Minnesota 55402 elf � l+ J1�1 A 2 8 mei ; Re: Shoreline Alteration at 2480 Cosco Point Road Carman Bay, Lake Minnetonka Dear Mr. Cloutier: As per our phone conversation, I have enclosed a permit application and copy of the Minnehaha Creek Watershed District Shoreline Erosion Protection Guideline. The next meeting of the Board of Managers is August 20, 1981. Please return the application and required exhibits from the Guideline before August 10, 1981. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Enginee for the District Cl rd D. Caerr crs cc: Jean Mavis, City of Orono Lg @ Cy, O MCA r I MEMOFANEUM CITY OF ORON �J 0 LCONFIDENTIAL TO: Jeanne Mabusth City of Orono FROM: Bruce D. Malkerson RE: Prosecution of Cortlen Cloutier On August 12, 1981, BDM attended the pre-trial hearing of Cortlen Cloutier. He pled not guilty to the charges and a pre-trial was set for November 4, 1981 at 10:00 a.m. He did not request a jury trial or a formal complaint. Prior to that time I will have a frank discussion with Mr. Cloutier concerning what he intends to try to accomplish i.n trying this matter. It is our intent to vigorously pursue the enforcement of the ordinance as we do in the case of every zoning code violation. In the event you believe that he may attempt to take further action in regard to his lakeshore property, please inform me so that we can consider obtaining a temporary restrining order. On Wednesday afternoon I called Cortlen Cloutier to find out what his plans were in regard to this citation and the addition to the boathouse. He later returned my call and we discussed many things about the history and the use of his property. He stated that he did not know that there were any ordinances that prohibited the excavation and rearranging of materials along his lakeshore. He has read Section 31.700 of the ordinance and stated that he thinks that it is too ambiguous in that it does not define what lakeshore property is. I indicated to him that that provision states not only that it's illegal to alter, repair or change the grade of a shore of lakeshore property without a permit but also that it was illegal to excavate rocks, sand, gravel, dirt or similar material anywhere within the limits of the City of Orono. I indicated to him therefore that even if the lakeshore wer? not defined it is clear that this prohibition applies anywhere in Orono. I explained to him the reasons for ordinances of this type, stated that I felt that we would prevail in front of the jury and that if he did not correct the situation that he would be subject to additional citations thereafter and also that the city would bring a civil action seeking a court order directing him to restore the property to its original contours, etc. There then followed a discussi^n about his fears that he was being discriminated against by the city staff and city council because of his relationship with Councilmember Paurus. I assured him that we enforced our ordinances vigorously whenever 4<r— an infraction of them was brought to our attention by anyone and that I knew of many instances where we denied permits to someone who wishec to grade within the City of Orono, grade within 75 feet of the lakeshore or construct any structures within 75 feet of the lakeshure. I reviewed with him the history of the Gustafson proposal in which the father of one of my best friends applied to build a gazebo on top of an existing boathouse within 75 feet of the shoreline which application was denied. He was impressed with that fact. There followed more discussion concerning the good faith of city staff and council. Cortlen stated that he had not had an opportunity to think through completely what his position should be in regard to this citation and to the existing city council directive that he remove the upper deck of the boathouse. He will try to develop a position on this in the next .averal days and I invited him to call me to arrange for a time when I could walk the property with him to make sure that all of us understand the facts to be the same. he was very appreciative of the fact that city staff was willing to communicate with him and we will undoubtedly inspect the property early next week. -2- `MISDEMEANOR �T TATE OF MINNESOTA NN N COUNTY N� EFI MISDtMRANOR--PETTY MUNICIPAL COURT CITATION r_ ' ,, . „ 4 Z 4 , ' No. 1 NAME _ _C� R �L N - A--- VEHICLE C4c.u*' C 7 LIL. %J -_ rF. -- . ST. _ ADDRESS 'S ?_ I .? ,� _ + i S . �� !t� r�:.<` "_: ". COLOR ... CITY- /., -� 1' s-• -� - r ST - �'' _- ZIP DATE M O _ (�.� O`• `p Q .-- TIME JUV J.O.B. hT Vrt c:?( Pt_- -c , ,( li •' i `r- L�... ------�'1 OPE R R OT VIOL / METE; NO _ c. ' ! ENDANGER -- !ENDANGER' LIFE QR + ACCIDENT , 1 UNSAFE 1 ONDITION, iADGE PROPERLY ---� L_� _ _ _ _ �_�— _� T ACTIVITY _ _ COURT DfVSSION_ COM.M. ODE _i NO. PENALTIES Will BE •�-SESSED AND AN ARREST WARRANT WILL BE 4 ISSUED FOR NOT PESFONDING TO THIS :ITATION WITHIN 7 DAYS ` AT THE VIOLATIO%IS BUREAU LISTED ON THE REVERSE SIDE. nr wa-essi a SIGNATURE. l�A1f4t� IOTA '4 �w oouwTY Ia NAM e, G. c I�+ tAMOIt_Punr Iris CITATION qn %tmwv j: Juv __ Sr. zip S� j D.O.S._ HT. _ WT. rto.— I .• OOR INTY ACCIDENT L N UAAFE ONDITI No. 33 781�83 I VENi u0 YX ST. MAU MODEL ---- COLOR_ DATES MO. DAY ,� PLACE aq d/.C4 (...d .,., j4L jQj ,STATE Q * METER (� NO. ACTIVITY pryl S*N/ PENALTIES Wl�l A p C f ISSUED " NOT RE.�P,1►4DING TO THIS CAATION WITHIN 7 DAI S AT THE VIOLATIONS it EAU LISTED ON THE REVERSE SIDE. SIGNATURE 1%=MINNIISOTA MISDEMtANOR—PERT MISDEMEANOR N COUNTY CITATION uC, , No. VEHICLE LIC. NO. MUNICIPAL COURT 33 b1464i 3 R ST. MAKE __ MODEL_ ._COLOR 1 CITY ST. �ZIP SS S ; < DATE. 1UV D.O.B. _HT. _-- VvT.__ -SEX. PLACE om: uc. NO._--- R VIOLLQ DESC ENDANGER AFE IE OR i � ACCt�cNT � �pIT10N5� PROPERTY �---� , Mo.- __DAYYR. TUAE at�- 11 _ . _ W _STATE ORD. U 1 of t� METER k _ NO. ACTIVITY CM DIVISION _COMM.,- OMM, CCDE _ BADGE NO. PENALTIES WILL BE ASSESSED AND AN ARREST WARRANT WILL BE ISSUED FOR NOT RESPONDING TO THIS CITATION WITHIN 7 DAYS AT THE VIOLATIONS BUREAU LISTED ON THE REVERSE SIDE. TAX LIST qP -;o.; i° BY � DIf : TO ASSESM RZC'C FLOM ASSESSOR Y I-7? - p I wD I -]CD CITYTOWN /� VILLAGE Qp oplc) '114 L "LAT NO. r PARCEL NO. I� Mlti.4'SIiEO. (� Il � M t3 t rJ CIS K.. o. ASS•M•T TAX b kainc! :0 :.LAD. COMPUTER IJEC BK LIST ASSESSOR fig. DIY. ENTERED IN ASSESSMENT BOOK - NOT ENTERED IN ASSESSMENT BOOK I N I IE {I RGE I, ACREAGE :OR kGR IALAND BUILDING MACHINE 'I P ►^4ht N k s oo 1�2-7-?-3 A 4C104S0011277- 9000 7.71-3 i, C O P, T L- `.0 u �-7 es 1 1 , � y i� -r =- .i4 TOTAL PULL i TONE AREA PLAT `/ PARCEL SEC sZ TWP 7 RNG 40 . y0 TYPE1 1% 1%I11LOS/L WE ' CLASS 1 2 3 4 5 V1 AGE /0 7G INSPECTION DATE IAvPRAISAL DATE _LZ� Zu 1 t SALE DATE 10 alb t I 01. SUY -i I ; b LL (i PARTIAL s TYPE _ SO 116 IV IMPROVEMENTS SuMPAir �f DIMENSIONS - BASIC HOUSE FT. RATE VALUE 21 x 4113 • moo• 7S . ties X tp• .32.70 . �,--- til , 7 V ,yls L I f f3 t x t Y - _�.� _• i7.2 S I x l IV - (� • .170 . TOTAL l!bY PORCHES — BALCONIES A OTHER SLDGS. + x • E V fiQO GARAGE' x .30 • b, o cn x >k • EXTRAS DRIVEWAY 12345F7 123456'. BSMT. FINISH 1 2 3 4 5 6 7 1234567 PLUMBING 1 2 3 4 5 6 7 -1 / "79n J%7- Z� CITY of ORONf) Post Office Box fiti•('rvstal Bay, Minnesota-)5;UleMunicipal Office, On t/ee .Forth Sliore of Lake Minnetonka February 2, 1982 Cortlen Cloutier 2480 Casco Point Road Wayzata, MN 55391 Dear Mr. Clout;er: I have just completed a monthly review of applications with Bruce Malkerson and h:7! asked if I had heard any further from you concerning your filing an application with the City for lakeshore improvements on ;your property. I ha'. previously advised him of your visit to the office in early December and your intention to file an ".after the fact" conditional use permit application with thou City sometime after the first of the year. In consideration of the date, I mt.st once again ask for confirmation of your lrrent intention. If it is still your plan to proceed and to assume completion of the total package of lakeshore improvements on your property b%, this spring then I would advise that you consider the March 15, 1 82, meeting of the Planning Coitunission. The deadline date For the filing of all applications for the March 15th meeting is March 1, 1982. I have enclosed another conditional use permit application for your convenience Please contact my office if you have any questions. Sincerely, )�*� 4 - /?Y, ",4-a Jeanne A. Mabusth Zoning Administrator cc, Bruce D. Malkerson, City Attorney Desyl Peterson, Prosecuting Attorney Enclosure bL If 1)1\4, A P1%1\t, J't ' ►, • %VVII%I%Ik %110%A l l%A%t1- 473'354 • PI 111, H NUkAS. 411.7154 %%%I \ti0\4, rr iajX WAYNC G POPHAM RAYMOND A HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MINISH ROLFE A. WORDEN G MARC WHITEHEAD BRUCE D. 'HILL'S FREDERICK S, RICHARDS G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK FREDERICK C. BROWN +HOMAS R. BERG BRUCE D. MALKERSON JAMES R. STEILEN .TAMES B. LOCKHART ALLEN W. HINCERAKER CLIFFORD M. GREENE OF COUNSEL FRED L. MORRISON POPHAM, HAIK, SCHNOORICH. KAUFMAN 6 DOTY, LTD. 4 344 IDS CENTER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 612- 333 - 4 8 0 0 CWI�LIAM KAUFMAN DLSYL L. PETERSON MICHAEL O FREEMAN THOMAS C D AOUILA LARRY D. ESPEL JANIE S. MAYERON DAVID A. JONES , SALLY A. JOH NSON LEE E. SHEENY FEB � 3 LESLIE GILLETTE MICHAEL T NILAN 1 ROBERT C. MOILANEN i - DAVID J. CDOUIST CATHERINE A. POLASKY STE%,EN 0. HEIKENS JOHN R. WILCOX KATHLEEN M MINDER NANCY J TURSAK . OHN C CHILOS -HERESC AMBRUSKO Mr. Cortlen Cloutier 2480 Casco Point Road Wayzata, Minnesota 55391 February 2, 1982 Re: State vs. Cartlen Cloutier Dear Mr. Cloutier: 66^ PETRO-LCWIS TOWCP DENVER.COLORADO 80202 TE'.EP"ONE AND TE:ECOPI[R 303-b25. 2660 SUITC 6J2-2000 L STREET N W WASHINGTON, D. C.20036 TELEPHONE AND TELECOPIER 202-887 SIS4 Pursuant to our discussion at court on January 27, 1982, your matter has been scheduled for a trial on May 11, 1982. My understanding is that matters are proceeding smoothly through the City Administrator processes, and that the matter can be resolved by the time of this trial date. Sincerely, Desyl L. Peterson Prosecuting Attorney City of Orono D.LP/mp /cc Jeanne A. Mabusth TO: Planning Commission FROM: Jeanne A. Mabusth DATE: April 12, 1982 SUBJECT: #674 Cortlen Cloutier, 2480 Casco Point Road - "After the Fact" Conditional Use Permit & Variance Area - 3 acres Zoning District - LR-lC Application a) Ordinance 31.831 Lakeshore Setback Variance required = 75' proposed stairs = 0' variance 75' or 100% proposed wall = 10' var'ar a of 75' or 87% b) Ordinance 31.700 - Conditional Ilse Permit for construction of retaining wall ind excavation and filling on property List of Exhibits Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Survey Exhibit E - Attorney's letter Exhibit F - Resolution 1254 Exhibit G - Site Plan Exhibit H - Artist's sketch Background of Proposed Application On July 15, 1981, staff was advised of excavation work being done along the lakeshore of the Cloutier residence. Staff issued a stop work order advising owner to contact staff immediately and obtain the necessary permits. Cloutier had constructed a retaining wall approximately 30" high dividing a sandy beach and the grassed area. A pile of fill was placed along the lakeshore. Owner explained the proposed work was to protect an existing sand beach from the eroding grassed bank to the immediate rear. The pile of fill consisted of portions of soil released by the cutting into the bank and the sand from the beach area. This pile has beer. removed and hay bales installed along the lakeshore. Staff issued a citation the following day in consideration of Cloutier's conditional use permit application reviewed earlier that year. We concurred that this applicant was aware of the ordinances that deal with lakeshore improvements. #674 Cortlen Cloutier • Page 2 Conditional Use Permit & Variance I have enclosed a copy of the denial resolution for that earlier application (Exhibit F). Briefly, Cloutier filed an after the fact application with the City to permit a guest home use of a non conforming boat house structure that had sustained several improvements without the benefit of building permits. As the resolution states, Cloutier was to remove the second story of the boat house by September 9, 1981, and cap it off with an originally authorized deck. Cloutier has pleaded not guilty to the citation issued on July 17, 1982 and a trial has been scheduled for May 11, 1982. During these many months of discussion, the resolution of the boat house and the pending application for the lakeshore improvements have been linked together. The a*`orney and staff have encouraged this course of action (Exhibit E). Review of Current Proposal Cloutier has advised that the plans enclosed for this review were drafted by an over ambitious draftsman. I have designated the proposed improvements on Exhibit G; Cloutier reviews than as follows: 1 - Removal of second story of boat house structure and capping with deck. 2 - Rip rap of shoreline - rip rap to be continued up to each edge of the existing retaining wall. 3 - Construction of access stairs - stairs to be built according to recommendations of City staff not as sketched on site plan. Stairs need not run to the shoreline but may stop 20' to 30' from the shoreline. 4 - Grass sitting area - applicant claims this will involve cutting into a Dank anC may require some physical structure to prevent the bark from eroding to the rear and along the front. The sketch shows retaining walls. If Planning Commission approves this additional sitting area, staff will require additional information as follows: a) Amount of fill to be re,noved and the actual size of the sitting area. b) Proposed method to support disturbed banks - if retaining walls then sections of walls are needed for review by City Engineer, #674 Cortlen Cloutier P :ge 3 Cunditional Use Permit & variance Staff Recommendation To approve an after the fact application for Cortlen Cloutier consisting of a conditional use permit and hardcover and setback variances subject Lo the following conditions: 1 - Retaining wall may remain because of the :treater environmental harm done if removed. The north section of the retaining wall may be continued along the disturbed section of the bank for 6' to 8' providing the required support. 2 - Access stairs to be constructed down the lakeshore bank - not to run to the lakeshore but to stop at level grade. 20' to 30' setback from lakeshore. City Engineer to advise applicant on access stairs. 3 - Second story of boat house to be removed per Council's directive of Resolution 1254. Applicant must obtain the necessary permits. 4 - Applicant must obtain the necessary permits frc•m the DNR and MCWD for rip rap of shoreline - rip ran may be placed along the outer edges of the sand beach u,,Lil it connects to retaining wall. 5 - Deny the additional grass sitting area finding adequate level areas for sitting at the beach area; second story deck and top of lakeshore bank. Dcnial will prevent additional distur')ance within 0 - 75' setback area. 6 - Restoration of all disturbed areas anu-' placing of hay bales along the shoreline prior to reconstruction. Review of Hardships - required for approval of variances 1 - Steep lakeshore slopes 2 - No defined lakeshore access. Review Section 32.460 for necessary findings to approve conditional use permit. EXHIBIT certificate of Surve fnr Cort:sv G. ^lcutler i of :,ott 1. ;, and G, ?leek 1, and futlot 1, Talacs', nty. .'ammo, ?inmszlr. County. : Srr.escL SITS rLAN S-1-ALC �:rgz-'Tfi 4140 "Pol �_m T 'T6 MAP. wit MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 1982 Page 11 Lloyd Sims was present. Mabusth reviewed the requested FTRST NATIONAL alternate plans drafted by the Diebold firm showing relocated BANK OF NAVARRE remote lanes to the rear of the bank. The alternate plans 2445 Shadywood proved unfeasible involving either the loss of required Variance parking stalls or greater encroachment into neighbor's #648 property to the south. Kelley felt that they had proven sufficient hardships. Opheim asked if the neighbor concurred with the variance which would encroach onto his property. Sims stated that the City has written approval from the property owner approving the encroachment. Sims stated that in October of 1985 the First National Bank of Navarre will move to its new location. Kelley moved to approve the setback variance of 11.5' for an overhead canoPy structure for the First National Bank of Navarre based on demonstration of sufficient hardship consisting of limited area, location of _ structure on site and defined parking areas subject to the following conditions: - Applicant must use standard MNDOT approved traffic signs. 2 - Copy of easement or agreement drafted between bank 6 and property owner to south confirming the encroachment. 3 - Restoration of all distur')ed areas. 4 - Any additional conditions required by the City Engineer in his report. 5 - Payment for the engineer's review with the building permit. 6 - All use of the outer remote lane to cease when the ; bank moves to a new location. Goetten seconded. Vote: Ayes (7), Nays (0). Mr. Cloutier was at the Planning Commission meeting earlier 1-COP-TLEN CLOUTIER in the evening. He discussed his application with Jeanne. 2480 Casco Point{ Mabusth stated that Mr. Cloutier formally withdrew his Conditional Use Al application after seeing the staff memo to Planning Permit Commission on his application. Mr. Cloutier left the #674 meeting before this item came up on the agenda. Mabusth stated that this was the third renewal variance DONALD CARTER application for the lot area and lot width, previously 4460 North Shore approved by Council in 1978 and 1979. Variance #6- 5 Applicant stated that the mobile home was sold and would be moved out but he was asking that the two storage sheds remain until he was able to moved the stuff into the house. Mabusth advised that if this was agreeable to Council that she would suggest that the two sheds be removed by the time the wallbaard inspection is scheduled. ORONO %U Office Has 66aCrystil Day. Minnrwota .iS.",''M0Sluntr'Pal Offirr" Telephone 473.7357 Cortlen Cloutier 2480 Casdo Point Road Wayzata, MN 55391 NOTICE OF PLANNING COMMISSION ACTION Date of meeting 4-19-82 Votes: _ For _ Against Planning Commission recommends the following: Control No. 674 - Variance Conditional Use Permit Subdivision, Preliminary Date of Notice cc: Desyl Peterson Popham, Haik, Schnobrich Kaufman & Doty 4344 IDS Building Minneapolis, MN 55402 Approval: As submitted Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons notes: Tabled: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS Your decision to _withdraw your proposed aft the fact application was announced at the Planning Commission meeting of April 19, 1982. Per our conversation that evening, it was my unders and-�ng_� that the application was withdrawn because of the inclusion in the review of the boat house structure and the removal of the second story. I noted Applicant's next scheduled meeting is confirmed as: Planning Commission Council Applicant's next scheduled meeting is dependF^nt .:p-un receipt of additional information. Deadline for the meeting is — ; orfor the —--__-_-- ----- meeting. In all cases, thi application must be continued with the submittal of requested information within _ —_ _ _ _ _ ----- ----- - --- -- or the City will co.isider th^ applir•-tti^n a" fortr,al if withdrawn. If the applicant ha-t.ioul,1-� ohl;i:Ii:.; a'. fit torch int ion, ot�^ contact thy- 7.r.)n i n,3 A•'.- i %i %t ► ► . It "i�!: ��' ) C.• r'•'rt if i- ��: �.f eel s. — 1 :! �::.tU• grow qqw—ft- DATE TIME I CITY OF ORONO CALLED IN i INSPECTION NOTICE SCHEDULED PERMIT NO. _ COMPLETED _ Ce ) ADDRESS rQ�t OWNER `� CONTR. TELEPHONE NO. 411elITE INSPECTION Rf O FOOTING O FRAMING p PLUMBING (3 MECHANICAL U EXCAV./GRADING/F IL LING p INSULATION ❑ WArER HOOKUP 0 LAK ES)40R E/WET LANDS � O WALL eD. ❑ METER SET" .SRN ON 0 LICENSING O FINAL O SEWER HOOKUP [:ICOMPLAINT ❑ PRO'_RESS ❑ SEPTIC INSTALL. ❑ FOLLOWUv ❑ SEPTIC FINAL • DEMOL. Ll SEPTIC MAINT. ❑ FIRE PREV. ❑ WELL TEST PUMP --- 1 COMMENTS: /j;.�� !,'. _ -1 " 1 it) WORK SATISFACTORY: PROCEED 13 P"q j"L%N L ?. I CT WORK i PROCEEx I 4" ,la 1 ,D' CT.IIMORK. CALL FOR REINSFEC`, ION BEFORE CQVERI UNSAFE CONDITION WI1HIN HOURS. INOPt LLAfTuRa. R POSTEU."GALL OWECTOR. FE `CTION REGUIREO. CALL TO ARRANGE ACCESS. tM next inspaidon 24 hats in advenoe. " OIIN4/Corp on site 1 • _ :�' 01 White COWV/InsOeclo• s Fit• Gold CoVv/S,u Notice 1 CONFIDENTIAL MATTER IN LITIGATION TO: Desyl Peterson FROM: Jeanne A. Mabusth DATE: May 6, 1982 SUBJECT: 4555 Cortlen Cloutier - Formal Complaint Chronology of Events 5-7-71 Building Permit issued for boat house. 12-6-71 Request for combination - combined all of his properties within Tillsons Villa Carman. 1-2-77 Field sheet - assessor *1 3-26-80 Stop work order issued by Jacobs for work being done on lakeshore structure 5-5-80 Cloutier letter - filing of application 5-6-80 Application filed (variance - conditional use permit) 6-4-80 Zoninq Administrator's memo for 6-9-80 Planning Commission meetina. 6-0-80 Planning Commission minutes - work session 6-10-80 Notification of Planning Commission action *1 6-16-80 Inspection by Tom Jacobs by Planning Commission 6-18-80 Follow up inspection - determine size of existing structure 6-19-80 Zoning Administrator's memo for 6-23-80 Planning Commission meeting 6-23-80 Planning Commission minutes 6-24-80 Affidavit - Mr. and Mrs Anderson neighbors of Cortlen Cloutier 6-25-80 Affidavit - Mike Seheller - Orono Building Inspector 7-24-80 Planner's memo for Council meeting 7-28-80 7-28-80 Council minutes - referred back to Planning Commission based on receipt of new information 7-3i--80 Notification of Council action 8-13-80 Planner's memo to Planning Commission 9-22-30 Cloutier respor:.e for Planning Commission meeting of 9-22-80 9-22-80 Planning Commission minutes - application tabled for additional information - request by applicant to relocate boat house structure *1 11-•4-80 Inspection notice - Tcm Jacobs - no permit for reroofing of principal structure: 11-4-80 Permit #4380 issued for reroofing J555 Cortlen Cloutier Page 2 Chronology of Events 11-12-80 Zoning Administrator's letter notifying Cloutier of deadline for scheduled action meeting of Planning Commission 11-15-80 Zoning Administrator's memo to Planning Commission for meting of 12-1-80 12-1-80 Planning Commission minutes - Planning Commission tabled application until meeting of 1-19-81 12-3-80 Notice of Planning Commission action 1-13-81 Zoning Administrator's memo to Planning Commission 1-19-81 Planning Commission minutes of 1-19-81 - Planning Commission denied application (4) Ayes, (1) Nay. 1-20-81 Inspection notice - stop work posted work done without permit on Cloutier's garage *1 1-28-81 Inspection notice - stop work posted work done without permit on Cloutier's garage 2-2-81 Planning Commission renotification *1 2-2-81 Permit #4420 issued for structural repair of garage 2-2-81 Zoning Administrator's memo to Council for meeting of 2-11-81 2-11-81 Council minutes 2-12-81 Notice of Council action 2-23-81 Council minutes - tabled at request of applicant 2-24-81 Notification of Council action 3-9-81 Council minutes - formal denial of conditional use permit and variance (4) to (0) - Resolution #1254 3-9-81 Resolution #1254 3-10-81 Notification of Council action 7-13-81 Zoning Administrator's letter renotifying Cloutier of deadline date for removal of second story of boat house 7-15-81. Police report involving unauthorized work along shoreline of Cloutier property *2 7-15-81 Zoning Administrator received word of the lakeshore improvement being performed without the necessary review and permits 7-16-81 Stop work order issued - inspection confirmed reports from neighbors 7-17-81 Citation 33 581438 issued *2 7-17-81 Letter hand delivered with citation advising applicant that he would be allowed to restore lakeshore bank and need for placing of hay bales along shoreline. *2 7-17-81 Inspection notice - Stop work order had been removed and additional work performed within 24 hour period. 7-20-81 Inspection notice - advised Cloutier would appeal the citation 1555 Cortlen Cloutier Page 3 Chronology of Events 8-21-81 Bruce D. Malkerson memorandum 9/81 Site inspection with Bruce Malkerson, Alan Olson, and Jeanne Mabusth with Cloutier - Fie advised that he would probably file an after the fact appl.cation with the City for the proposed lakeshore improvements. 12/81 Cloutier visited City offices to di�.cuss application. 1/82 Called office to discuss filing and sc-hcdule 2-2-82 Peterson letter 2-25-82 Application #674 filed 3/82 Cloutier visited the office to aiscuss with "om Jacobs and Jeanne Mabusth the plans rr�-sented wits the application and stated that the plans we,e not exactl; what he had in mind and that he was open to suggestiDns from staff which is exactly what we gave. Tie ask�-a that the application be no-tponed from sohedu?tad March 15, 1982 meeting to t' 1 1�, 1982 Planning Commission meeting. 4-12-82 Zoning Admini: .•.or's memo and packet for Planning Commission meeti.►g of April 19, 1982. 4-19-82 Planning Commission minutes - Applicant asked to withdraw application 4-20-82 Notification 4-30-82 Inspection notice - Clrxz ier plans to restore disturbed area to original state. Advises staff of his intention concerning second story. *1 - Tom Jacobs - detailed chronology 3-26-80 - 2-2-81 *2 - Jeanne Mabusth - detailed chronology 7-15-81 - 7-20-81 EXHIBIT B - Site Plan - proposal for relocated guest house EXHIBIT A - Survey of property