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Home My WebLink About#772 Project PacketLAND USE PLANNING ZONING VARIANCE APPL- ►TION CITY OF ORONO P.O. Box 66, Crystal Bay, Minnesota 55323 473-7357 EXHIBIT INSTRI)?IONS: Please first read the attached Informs tion 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 ADDRE..S ''1'I /1 Legal description shall be shown on attached Survey. Exhibit 3 2. APPLICANT ' ' Name (' ' "' �-- is � � i % G Phone � � �• r �/ Mailing Address `1 ;� R a r % `./ / .' JR ter' If Applicant is not owner, explain 3. OWNER Name " < 6, L m E 5 5 E Phone Meiling Address �9 �00je J Cw. •c.p G'f�s . ,. ✓ i .1/9 Date Property Acquired i u 41 (Month/Year) I (,(do not) also own other adjacent parcels of land 4. AGENT Phone Firs Moiling Address 5. NOTICES Should be sent to: Applicant Owner Agent M I LIST OF EXHIBITS Description Initi, l_A +plication must include: 1 v Application Form 2 ►� property Owners list 3 Certificate of Survey Fee Receipt / Z Date Received r Ry Staff In ormation 4 _ plat Map 5 Inventory 6 St-iff Comments Other Inf-r-.,tton 7 8 9 IV ' I 6. PRESENT ZONING USE DISTRICT t'2 7. PRESENT USE Residential ✓ (Other) _ Vacant land Vacant Building(s) Occupied Building(s)�ERLi,� 8. DESCRIBE REQUEST ESTIZeLATED CONSTRUCTION COST $ ;20) 000, _ establish new use ✓ continue or existing use _ build new !/ add on _ rowdel _ replace Describe request in detail: Wac.:C,dr..TA4C0!!!.cot" - i`'a�Ha.� 5 /.s-t�.c .k-19dc• L''7 &4 , - 2X A e ." l -4-t- O A-t 40 CJ— u .. ,k ',d 4.,,e 1 •a.- 46. r . �tK C�K %t � La 4 %1, l.•!. ! t (t J O b.,a e • A.dC . uJ. t �ri _ � g. VARIANCE (S ) REQUIRED to do the requested Work: _ _ lot Area Lot Width ✓ Hardcover ✓ Setback (_ Front V Side Rear) Other 8. DESCRIBE REQUEST ES l ll'L#%7Ei/ CONSTRUCTION COST establish new use continue or ex)oQ existing time _ build new add on _ remodel _ replace Describe request in detail: 4!!...t.44 otA - �� ,-�� .a-• �� 4��o u� A-e 4es (- u ''d 4-8.f /J-t t'V 6 4 l'i>< c h= c�-cam h t~��cc ast.� - To a < , �� f ��. f .r a. < Orr ��', {!, - I • A -A 9. VARIANCE (S )- REQUIRED to do the requested Work: ht Area Lot Width ✓ Hardcover Setback ( Front V Side Rear) Other _ 10. 11. CONDITIONS preventing compliance with Zoning Code require -writs: ,D//eserib�/e -U`NlUSUAL Mj6c �G L�cK,C T i�K PROPERTY /f 'o c t . � a& it( a 444f fi•C.f - c �- ` o/ al'a K psi >~ ,� C . d ,., /., ,t�tL 4'u fG`-tl 4 De'seribe UNDUE HARDSHIP or PRACTICAL DIFFICULTY resulting from strict enforcc+nrnt of toning regulations 10t. 4 C-.. C(f J! �a� '1" -/jir �r / crdt� �ti %tt tc.ttec(A- J • 7 G•!• r' /C (%L.'/w !,C QRA /! ..,• 40 4*• ri li (c�l, l�L III r J i�/ rt.C.• I i'! �G� l�i�yf 2 - A. jl-40 12. Describe EFFECT OF PROPOSED WORK on neighboring properties and on the neighborhood 1 L / f f f !•, , r r = •rc► e %! / 1 I /01/ The APPLICANT and the PROPERTY OWNER must The APPLICAWT hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual expenses incurred in review of this application, and certifies that the information supplied is tree and correct to the best of his knowledp,r. 1 ',:ant's Signature Date in general: pi.A(' ,rr j - 0 , . r,-4\ sign and date this application. The OWNER herehy acknowledges and agrees to this application and further /uthortzes rer,sonable entry onto the property by City staff, consultants, agents, commission members, and Citlncil members for purposes of investlga-lon and verification of this request: 4 Owner's Signature Date .ATION DEADLINE IS FIRST MONDAY OF THE MONTH BEFORE PLANNING COMUSSION MG. r PUN DATE 07/25/83 BATCH 002 38 20-117-23 42 0015 PROP ADDR 03271 CASCO CIR C OW:4ER NAME MARY E LANG ETAL TAXPAYER M E LANG t 0 I GOMEZ NAME/ADDR 3271 CASCO POINT CIRCLE CWAYZATA i ".4 SS391 38 20-117-23 43 0007 PROP ADDR 03251 CASCO CIR C'-!NER NAME JOHN R DIEGPE ETAL TAXPAYER JOHN R OIEGPE NAME/ADDR 3251 CASCO CIR WAYZATA MN 55391 38 20-117-23 43 0010 PPOP ADJR 03243 CASCO CIR C'; :ER NAME JAMES H RICHARDS d WIFE TAXPAYER JAMES H RICHARDS NAME/ADDR 3243 CASCO CIRCLE ClC`l'0 MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 3! 42 0031 03486 IVY PL JAMES A LOVESTRAND S WIFE JAMES A LOVESTRANO 3486 IVY PL WAYZATA MN 55391 38 20-117-23 43 0008 03249 CASCO CIR R G LUESSE ETAL RCBERT LUESSE CASCO POINT PD WAYZATA MN 55391 39 20-117-23 43 0031 THE CASCO CO THE CASCO COMPANY P03ERT 0 MACNIE 3135 CASCO CIR WAYZATA MN 55391 REPORT NO. P1435401 PAGE 2 38 20-117-23 43 0006 03466 IVY PL E F GARNER ETAL E F GARNER 3466 IVY PL WAYZATA MN 55391 38 20-117-23 43 0009 03247 CASCO CIR KUP.T CARLSON S WIFE KURT d LUCILLE CARLSON 3,^47 CASCO CIR WAYZATA MH 55391 TOTAL BATCH 002 00008 VAM �l•, I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCU?ATE AND TRUE REPPESENTATION OF INFOPMATION AS IT APPEAPS THIS DATE UN THE RECORDS ! OF THE HENNEPIN COUNT/ DEPkPTM T OF PROPERTY TAXA I(TN, TO THE BEST II AUG ' OF MY KNOWLEDGE AND BELIEF. nU DATE 7 ►T y OF 0.1 4 Phone: GReenwood 3.9352 ARLEIGH C. SMIT'H Registered Professional Engineer and Land Surveyor 16215 Wayzata Boulevard Wayzata, Minnesoic PLAT OF SURVEY OF PROPERTY OF �� i i �� - �' 1LG :�I-=►1 sib {+l�N.:i— described as follows: '" 1,�-. J +✓1_-� ---i+ --- Scale: 1 inch__`.—=—seet. CERTIFICATE OF LOCATION OF BUILDING 1 hcrehy ce"y that on- SI= 1-T 19Tv' I made a survey of the proposed location of the building on the above described property and that the location of uid bw ua,& is correctly hewn on the above plat. I II .A �QO r iR I CERTIFICATE OF SURVEY I hereby certify that on_-�� I surveyed the property described above and that the above plat is a correct representation of said survey. P �•'� -vA �..'. C.AflMCR 140VSl. •Y DICaiLE � NOUSE �, �`V•e.r LA�I�t r r SN/RAit 1LOG Vf� �^�u �"�bo Ito Ck vi 'LIAlOSi ,wn +�; l,•S; .4+. f. • i ,' - 94.E ,4`} '»1 ••Et 4(t11.(Illl \1N�` ` - 174 M.____----••+-__ ''SS. • x ' a, .F fit•,` 1 ^` i;�. I >+r� 1`..* • �� t ttJ{J - i go .72 t �GI.V - •r LSOr4 - n E,4,,f- r- � �J Tf% S/x 6 CC, 5 f .4 44 C c T c 0 �j 12 LU t-' 5'c� 4L LA 60 -c], PIZ 6 V -:SAa--(,cam, t \�'4 i2.d (A C e 4-r" r 2 � v z CfJSCG C r�Cc PE Iq F ORONO 4k4t L tic e s yZ- L-0 lz 7/ asp' t 3 3 't. jai 1--L.. o wjk o'-J Ci av- (214r PA C- ,7 7 y 4- ;2-9( Y, L7, #772 JW6L' 64a fw �1 aA1Coo 4jl A ate .ht ✓/ ' U "-8m TO: Planning Commission Members FROM: Jeanne A. Mabusth, Coning Administrator DATE: August 11, 1983 SUBJECT: #772 - R. G. Luesse - 3249 Casco Circle - Variance Zoning District LR-IC Area - 15,996 Application - Hardcover + setback variance for addition to house and detached garage a) Side setbacks - North & South Required - 10' Existing - 17' Proposed - 12' Variance - 5' b) Street setback - detached garage Required - 30' Existing - 48' Proposed - 24' Variance - 6' or 20% c) Side setback - detached garage Required - 10' Existing - 3' Proposed - 3' Variance - 7' or 7l d) Hardcover 75'-250' Area - 11,b03 sq. ft. Allowed - 2,950 sq. ft. or 25% Existing - 2,048 sq. ft. or 17R Proposed - 3,414 sq. ft. Variance - 464 sj. ft. or 4% List of Exhibits Addition to principal structure Rec;u : -ed - 10 ' Ex --Lnq - 5.5' Proposed - 5.5' Variance - 4.5' Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Factual Finding made by applicant Exhibit F - Neighbor's letter Exhibit G - Average lakeshore setbacks Exhibit H - Upper level Exhibit I - Ground level #772 - R. G1 Luesse August 11, 1983 Page 2 Mr. Luesse has planned for the expansion of his residenr, for several years. He recently consult-d with me in regar3 to ordinance limitation and the proposed plan for urging the residence and detached garage a-e a result of those meetings. The lakeshore extension was checked in relation to average lakeshore setback sight lines for adjacent houses. The enclosure of the deck area as a glazed porch was not a sighting problem for the neighbor to the north because of the topography and the fact that the porch was originally enclosed when originally constructed - note, the letter from the Diegres approving the proposal. The 10 feet extension into the lakeshore yard on the south side creates no sight problem for the Carlson house. The lakeside addition consists of a 10' extension along the front of the existing structure to be topped with the glazed deck and open deck area along south. In order to meet storage needs, he plans to excavate and construct a basement area along the north side of the house and top it with an open deck area. The detached garage addition to the existing outdoor workshop becomes a problem because now the structure exceeds 1,000 sq. ft. in area (existing - 648 sq. ft., proposed - 528 sq. ft. tota' if 1,176 sq. ft.). If structure is not to be attached, then it must be s 10 feet from the workshop. The setback for the garage is most impoi,-ant based on the lots location in relation to curve on Casco Circle - a turnaround on site is necessary. The workshop could be removed, trimmed back, the garage increased in size for small workshop area. Staff :-ecommendation: to approve setback variances for additions to house and detached garage and, if necessary, additional hardcover for Robert Luesse based on the following findings: 1. No additonal land available 2. Location of house ai.. other improvements on lot 3. Location of retaining wall in street yard This approval is subject to the following conditions: 1. The extension into the lakeshore yard on the south side may not exceed the substandard setback of 5.5' 2. Removal or either martial or entire workshop - no need for hardcover va-iance 3. 'Turnaround provided on site 4. Firewall construction un north side of detached garage 5. No future variances granted to this property iy �y/3 , 6Z�W-L,�I,Z�v - AMaw,4 r MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 15, 1983. Page 14 # 772 ROBERT LUESSE 3249 CASCO CIRCLE VARIANCE Robert Luesse presented a let*-r fron� his neighbor to the south. Mabusth- Ilett hich stated that they had no objections to them sari Mab-isth noted that it the application involved addition along the lakeside of the house and a 24' x 22' detached garage to be attached to an existing work shop. Kelley noted that he could not approve a hardcover variance within the 75' - 250' setback area and asked the applicant what type of tradeoff he could make. Luesse stated that he could remove the root cellar. Kelley moved to approve a side setback variance for additions to house and detached garage based on the following findings: 1. Location of house and other improvements on lot. 2. Location of retaining wall in street yard. 3. No additional land available. Approval is subject to the following conditions: 1. The extension into the lakeshore yard on the south side may not exceed the substandard setback of 5. 5' . 2. Turnaround provided on site. 3. Firewall. construction on north side of detached garage per building inspector's approval. 4. No future variances granted to this property. Sime seconded. Vote: Ayes (5), Nays (0). #773 RICHARD ZUCKMAN 3995 NORTH S-ORE DRIVE CONDITIONAL jSE PERMIT Richard Zuckman and Snot* Mann were present. Howard Johnson of Concordia Street was present. Zuckman noted that he was not applying for a ew conditional use permit but a renewal of the existing conditional use permit. Sime asked if the bui ldinq inspector had ever looked at the buildings. Mabusth stated that he had inspected the buildings whenever a building permit was issued. Mabusth stated that at some future date the structures will be deemed uninhabitable. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth, Zoning Administrator DATE: September 21, 1983 SUBJECT: #772 - Robert G. Luesse - 3249 Casco Circle - Variance Zoning District - LR-lC Area - 15,996 sq. ft. Application as amended, setback variance, and accessory building size area variance a) Side setback - detached garage - 38.210 Required - 10' Existing - 3' Proposed - 3' Variance - 7' or 70% b) Street setback - detached garage - 34.552 Required - 30' Existing - 48' Proposed - 24' Variance - 6' or 20% c) Area restrictions - Accessory structure - 31.330 Allowed - 1,000 sq. ft. Proposed- 1,176 sq. ft. Variance- 176 sq. ft. or 17.6% d) Review of Hardcover - 75'-250' - 34.510 Area - 11,803 sq. ft. Allowed - 2,950 sq. ft. Existing- 2,048 sq. dt. or 25% Proposed- 2,934 sq. ft. or 24.8% List of Exhibits Exhibit A - Application Exhibit B Plat Map Exhibit C - Property Owners List Ex,iibit D - Survey Exhibit E - Factual finding made by applicant Exhibit F - Neighbor's letter Exhibit G - Average lakeshore setbacks Exhibit H - Upper level Exhibit I - Ground level Exhibit J - Planning Commission Minutes - August 15, 1983 Exhibit K - Staff resolution #772 - Robert G. Luesse September 21, 1983 Page 2 Mr. Luesse has planned for the expansion of his residence for several years. He recently consulted with me in regard to ordinance limitations; the proposed plan of improvements for enlarging the residence and detached garage soon followed. Wessels original proposal before the Planning Commission also asked for a basement addition 40' X 12' at the north side of the foundation that would have created an excess of 4% hardcover and required a side se -back on north of 5'. In light of the many variances requested in this improvement plan, Planning Commission asked the applicant to make a choice as to what improvement had less importance. Luesse decided that the additional basement area could go. The lakeshore addition consists of a 10' wide addition along the front of the house. The lakeshore extension was checked in relation to average lakeshore setback sight lines for adjacent houses. The enclosure of the deck area as a glazed porch was not a sighting problem for the neighbor to the north because of the topography and the fact that the porch was originally enclosed when constructed - note, the letter from the Diegres approving the proposal. The 10' extension into the lakeshore yard on the south side creates no sight problem for the Carlson house. The Carlsons have also submitted written approval of the proposed improvement. The lakeside addition will be topped with the glazed deck and open deck area along south. The detached garage addition to the existinq outdoor workshop becomes a problem because now the structure exceeds 1,000 sq. ft. :'.n area (existing - 648 sq. ft., proposed - 528 sq. ft. total of 1,176 sq. ft.). If structure is not to be attached, then it must be set 10' from the workshop. The setback for the garage is most important based on the lot's location in relation to curve on Casco Circle - a turnaround on site is necessary. Luesse was asked to consider removal of the existing workshop but he advised that it is built as a fortress and would prefer keeping the structure. Staff advised of possible problem in connecting garage to older structure - modification in structure and foundation that may create additional cost to applicant. Luesse stated that he would be prepared to work these things out with Building Inspector. Planning Commission agreed to Luesse's request to attach the garage to existing workshop. Planning Commission Recommendation: to approve setback variances and an area variance to allow size of accessory structure to permit additions to principal jtructure and detached garage based on the following findings: 1. No addtional land available 2. Location of house and other improvements on property 3. Property is located on curve of Casco Circle road #772 - Robert G. Luesse Septembez 21, 1983 Page 3 4. Approval of improvement plan by all affected neighbors Approval is subject to the following conditions: 1. The extension into thn lakeshore yard on the south side may not exceed the substandard setback of 5.5' 2. Turnaround provided on site 3. Firewall construction on north side of detached garage 4. No future variances granted to this property Please review the enclosed staff resolution that incorporates these findings and conditions. _- CITY of ORONO Post Office Box 66•CrystaI Bay, Min nesout 55323• M,.nicipal Offices Telephone 473-7.157 Robert Luesse 3249 Casco Circle Wayzata, MN 55391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 8-15-83 Votes: _5_ For _ Against Planning Commission recommends the following: :ontrol No. 772 Variance Conditional Use Permit Subdivision, Preliminary Date of Notice g-22-g3 Approval: As submitted X Approval: Subject to conditions noted Approval: Additional information required before Council meeting Denial: For reasons noted Tailed: Pending receipt of additional information from applicant Tabled: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAI• CONDITIONS Planning Commission recommended approval of your amended variance application as follows: To approve a 10' extension on the lake- side of the principal structure to be topped with a 10' x 16' glazed porch on the north side of that extension and on the south side of the extension an open deck area. To approve an area variance and street and side setback variances for a 24' x 22' garage to be attached to the 18' x 36' work shop based on the following conditions: ' (over) Applicant's next scheduled meeting is confirmed as: Planning Commission Council �I Applicant's next scheduled meeting is dependent upon receipt of a0-3itional 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 revie,� and approval by the Planning Commission. CITY of ORONO Control No. 772 Post Office Box 66•Crystal Bay. Minneso Ut 55323-Municipal Offices _ Telephtme 4737357 Variance ___ Conditional Use Permit 3249 Casscoco Circle Robert Subdivisior.. Preliminary ------ Wayzata, MN 55391 --- Date of Notice 8-22-83 NOTICE OF PLA14NING COMMISSION ACTION Date of Meeting 8-15-83 Votes: _ 5 For Against Planning Commission recc.rn-.iends the following: Approval: As submitted X 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 Pction required 1:7TES AND SPECIAL CONDITIONS _ Planning Commission recommended approval of your amended variance application as follows: To approve a 10' extension on the lake- side of the arincipal structure to be topped with a 10' x 16' glazed porch on the north side of that extension and on the south side of the extension an open deck area. To approve an area variance and street and side setback variances for a 24' x 22' garage to be attached to the 18' x 36' work shop based on the following conditions: (over) F1Applicant's next scheduled meeting is confirmed as: Planning Commission _ 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 wi*h 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 Zoninr Administrator. If you desire certified copies of the official Planning Corr.mission Minutes they are available from the Building and Zoning Secretary upon revie-•; and approval by the Planning Commission. f ORONO City o a� RESOLUTION OF THE CITY COUNCIL NO. Granting A Variance to Municipal Zoning Code Section 38.301, 34.552 and 31.330 - File 772 Whereas, Robert G. Luesse (hereafter "applicant") is the owner of a property located at 3249 Casco Circle within the City of Orono (hereafter "City") and legally described as Lot 12, Spring Park (hereafter "property"); and Whereas, the applicant have applied to the City for a variance to municipal zoning code sections 38.201, 34.552 and 31.330 to permit the construction of a 24' X 22' detached garage to be attached to an existing work shop and to construct an addition 38' X 10' along the lakeshore side of the principal residence to continue along the existing 5.5feet side setback of the existing structure; the garage structure will be located 24 feet from the street instead of the required 30 feet and will continue along the 3 feet side setback of the existing work shop, the total structure will be 1,176 square feet in area instead of the allowed 1,000 square feet. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, Findings 1. This application was reviewed as zoning file no. 772. 2. The property is located in the LR-IC Single Family Lakeshore Residential zoning district. 3. The Orono Planning Commission reviewed this application on August 15, 1983, and rec,)mmended approval of the variances as amended based upon the following findings: a) There is no additional land available. b) The location of the house and other permanent improvements on the property prevent the new construction from meeting all setback standards. c) The improvements for the property have been approved by all affected property owners. 4. Tne City Council has considered this application including CITY of ORONO (Post Office Box 66•CrystaI Bay, Minnesot. 553VO %I unicipal Offices Telephone 473 7357 Robert Luesse 3249 Casco Circle Wayzata, MN 5�391 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting _ 8-15-83 Votes: 5 For Against Planning Commission recommends the following: Control No. 772 Variance Conditional Use Permit Subdivision, Preliminary Date of Notice 8-22-83 Approval: As submitted X 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 Planning Commission recommended approval of your amended variance alplication as follows: To approve a 10' extension on the lake- side of the principal structure to be topped with a 10' x 16' glazed porch on the north side of that extension and on the south side of the extension an open deck area. To approve an area variance and street and side setback variances for a 24' x 22' garage to be attached to the 18' x 36' work shop based on the following conditions: (over) FApplicant's next scheduled meeting is confirmed as: Planning Commission Council F] Applican--'s next scheduled meeting is dependent upon receipt of additional information. Deadline fc-- the meeting is or for the meeting. In all cases, the application must be continued with requested information within the submittal of 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. 1 - The addition to the lakeside of the principal structure muFt continje along the existing 5.5' setback line at the south side; th(_e must be no further encroachment of the structure into the south si 3 yard. 2 - Turnaround provided on site. 3 - Firewall construction required for the north side of the proposed garage - as structure is to be attached to existing work shop the building inspector may have additional requirements certainly in regard to structural foundation modifications. 4 - i)rior to applying for a building permit, applicant must submit an updated survey certifying setback of detached garage and 10' lakeside addition. 5 - No future variances qranted to this property. You will be advised when your application is scheduled for Council action. D-"#- city of ORONO "''� #0N%6W'bj RESOLUTION OF THE CITY COUNCIL NO. Granting A Variance to Municipal Zoning Code Section 38.301, 34.552 and 31.330 - File 772 Whereas, Robert G. Luesse (hereafter "applicant") is the owner of a property located at 3249 Casco Circle within the Ci':y of. Orono (hereafter "City") and legally described as Lot 12, Spring Park (hereafter "property"); and Whereas, the applicant have applied to the City for a variance to municipal zoning code sections 38.201, 34.552 and 31.330 to permit the construction of a 24' X 22' detached garage to be attached to an existing work shop and to construct an addition 38' X 10' along the lakeshore side of the principal residence to continue along the existing 5.5feet side setback of the existing structure; the garage structure will be located 24 feet from the street instead of the required 30 feet and will continue along the 3 feet side setback of the existing work shop, the total structure will be 1,176 square feet in area instead of the allowed 1,000 square feet. Minnesota: Now, Therefore Be It Resolved by the City Counci l of Orono, Findings 1. This application was reviewed as zoning file no. 772. 2. The property is located in the LR-IC Single Family Lakeshore Residential zoning district. 3. The Orono Planning Commission reviewed this application on August 15, 1993, and recommended approval of the variances as amended based upon the following findings: a) There is no additional land available. b) The location of the house and other permanent improvements on the property prevent the new construction from meeting all setback standards. c) The improvements for the property have been approved by all affected property owners. 4. The City Council has considered this application including city of ORONO RESOLUTION OF THE CITY COUNCIL NO. the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not. apply generally to other property in this zoning district: that grant;ng the variance would not adversely effect traffi-- conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to alleviate ademonstrable hardship or difficulty; is necessary to preserve a substantial proper =y right of the owner; and would be in keeping with the spirit and 4.itent of the zoning code and comprehensive plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings the Orono City Council hereby grants varai,-tces to Sections 38.201, 34.552 and 31.330 to permit the construction of a 10' X 38' addition to the lakeside of the principal residence to continue along the 5.5 feet side setback line and the construction of a 24' X 22' detached garage to be attached to an existing work shop to be located 24 feet from the street instead of the re,1-Ared 30 feet and will continue along the 3 feet side setback of the existin('i work shop, the total area of the structure will be 1,176 square feet instead of the allowed 1,000 square feet subject to the following conditions: 1. The extension into the lakeshore yard on the south side may not exceed the substandard setback of 5.51. 2. A turnaround must be provided on the property. 3. The City will grant no future variances 'o this property. 4. Authorities granted by this variance run witf, the property not with the owner, but are permis:.;ve only and must �)e exercised by application for a building permit within one year of the date of Council aprroval, or this variance will expire on that date (September 26, 1984). 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall aratomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of September, 1983. ATTEST: CITY OF ORONO City Clerk Mayor (1) roperty Owners (2) _ Property Owner(s) (3) _ _ Property Owner(s) City of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HFNNEPIN ) On this day of , 1983, before me a Notary Public wit in and osaid County, personally appeared known to me to e the person(s) described in ana who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Y COMMISSION EXPIRES STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public within and for said County, personally appeared known to be the person(s) described ni and who executed the foregoing instrument, and acknowledged that he ( they) executed the same as his (their) free act and deed. N 0'PA R Y P U B L I C MY COMMISSION EXPIRES '� city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public within and o�d� County, personally appeared known to me to e the person(s) described in and who executed the foregoi;ig instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. *NOTARY PUBLIC MY COMMISSION EXPIRES This document is being recorded for the benefit of theCityof Orono per Minnesota Statutes 386.77. —. ------------ - ---- - Bruce D. Ma kerson, City Attorney State Deed Tax Due Hereon: Exempt This instrument was drafted by: City of Orono P.O. Box 56 Crystal Bay, MN 55323 REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBZR 26, 1983. PAGE 6 RESOLUTION #1560 #739 ROBERT SCHNECK 3155 JAMESTOWN ROAD FINAL SUBDIVISION V RESOLUTION #772 ROBERT LUESSE 3249 CASCO CIRCLE VARIANCE Ceuncilmember Adams moved, Mayor Butler seconded, t( adopt Resolution #1560, A Resolution Approving The Plat Of CAMELOT. Motion, Ayes (4), Nays (0). Robert Luesse was present. Robert Luesse stated that he hac some problems with the Resolution as proposed. Luesse asked if variance approval requires the filing u' deed restriction and if so, does that deed restriction require that no future variances may be granted? Zoning Administrator Mabusth stated that all resolutions have to be filed in the chain of title. Mabusth stated that the "no future variances" is something that the City requires if the property is severely limited. Robert Luesse stated that the City would be limiting his potential due process. Luesse noted that hL is not asking for a hardcover variance. Luesse noted that when he bought hip lot that he bought it with the intention that he could make alterations tc it. Mayor Butler noted that the City is trying to keepdown the level of hardcover problems near the lake. Mabusth noted that Mr. Luesse is not exceeding the hardcover limitations now but that he is gettirg very close to the allowed limit. Robert Luesse noted that hardcover is not the only variance that someone can ask for. Luesse noted his need for a fruit cellar and Planning Commission recommendation to limit t:-.is. Mabusth stated that they could include in the resolution "no future hardcover variances" rather than "no future variances". Robert Luesse stated that by placing such a restriction on his property woL•ld be unfair and asked if Council was willing to remove the clause "no future variances" in the resolution. Zoning Administrator Matisth stated that by placing those restrictions on properties that it places thy: future owner en notice that they do have limitations to live by. REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 26, 1983. PAGE 7 Council member Frahm stated that he wouldn't be willing to consider the "no future variances" clause to be removed if the applicant is pushing the limits right now. Frahm stated if the applicant can come up with something else then he would consider it. Robert Luesse stated that he would be willing to consider porous pavement and asked that Council table the appl.catior, so that he and staff could workout the details. City Attorney Malkerson stated that the Council could change it to read "the City wishes to put all future owners of this property on notice that as of this date the City does not feel that other variances will be warranted in the future". Malkerson stated that way it wouldn't be a restriction it is just putting everyone on notice of the limitations. Council agreed with this. Mayor Butler moved, Councilmember Hammer el seconded, to table Robert Luesse'r variance application to afford additional time to work with staff in order to resolve limitation on future use of his property. Motion, Ayes (4) , Nays (0) . City Attorney Malkerson stated that if Planning Commission denied the fruit cellar addition portion of the application that the resolution should state the reasons for denial of that portion of the application. RESOLUTION #1561 #786 GERALD BLOMS 4195 FOREST LAKE DRIVE VARIANCES Nancy Blcros was pre.;ent. Mabusth stated that the Bloms had read the Resolution and found ,i problems. Councilmember Frahm moved, Mayor Butler seconded, to adopt Resolution #1561, A Resolution Granting A Variance To Municipal Zoning Code Section 34.452, to permit construction of a new residence. Motion, Ayes (4), Nays (0). #769 LAKE MINNETONKA HOMES/ RICHARD CONRY 155 WILLOW DRIVE SO. PRELIMINARY SUBDIVISION Richard Conry was present. Mabusth reviewed C-uncil's concerns with tit: traffic and/or road plans at the last meeting with the applicant. Richard Conry stated that when they were working with the 93 acres they tr ied many di fferent road plans and that thi s cn- was the best one that the planners came up with. C I TY of ORONO Post Office Rox 660('—Inl Bay. Minnesota 55:i *Municipal Offices Telephone 473.7357 TO: Robert Luesse 3249 Casco Circle Wayzata, MN 55391 Copies to: Control No / 772 l Meeting Date 9-26-83 Notice Date 9-30-83 X Variance Conditional Use Permit Subdivision, Preliminary Subdivision, Final COUNCI ACTION Vote: 5 For Against Abstention MOTION to table all action on your variance application until you have had an opportunity to meet with staff to resolve the issue of total allowed hardcover for your po_pnrty. You are already in receipt of the information on porous pavements. Please call my office to arrange for a meeting. I would li'-e to review the hardcover calculations submitted with your application prior to that meeting. k*�r**:k��c�c:Y:'!r:'r:'r�sY:Y:1r*�c:ti:7r:l:tsY:7c:'lr:lc�c:'�s'c::s�cs4sY*�1csY�F*�:'r:'c�ciF� Esc:Y:'r4k:k:YsY:�r�*:1r-.rrk:cstis't:'rs'rkx:'c:'c:Y:Y:'csY:'c�tsti�k:Y:k:k*tk* 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 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 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.