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CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $150.00 ($50.00 per each additional project)oc I After -the -Fact Fees (Double application fee) Ar -------- ------------------------------------------- - - - -- -- PROPERTY LOCATION /� j Site Address 3 2 3 7 ( A SC 4 � 1 rY'_ le — Property Identification NumL •r (P.I.D. ) 2,e— 117 —,A-3 43 003 rPlease check one -- Is the property abstract or torrens? Please attach legal description to application if not included on required survey. -------------------------------------------------------------------------- APPLICANT 11 n 3— Sl G 7 Name 1 � �P, rI`%t Phone Mailing Address -------------------------------------------------------------------- Name n �`, Phone Mailing Addr s JC l ti� 3`13 q �NEY�u c-�R E Date Property Acquired % / (month/year) I hW (do not) also own the adjacent parcels of land. -------------------------------------------------------------------------- PRESENT USE OF PROPERTY Present Zoning District r Present Use of Property Residential Other (specify) -------------------------------------------------------------------------- DW"IPTION OF RNQUEST Estimated Construction Cost $ Describe request in detail: -------------------------------------------------------- ----------------- VARIANCES REQUIRED wi i � �� �%t rs�� o✓ c r >1 Lot Area I.ot Width e---*Hardcover rP Setback Variances ( Front Side Rear) Other -------------------------------------------------------------------------- (OVER) �fF=r(.,,�"D/J uerA_ rTFt� 19`'% dG'*' Zr�J jJp✓..�� `.r r,,,,.�• •..-, N G P,,N,1 F � 1 lam, C n r� ,•'` HARDSHIP •� 9 ?_� ys�f•• Describe undue hardship or practical difficulty resulting from strict -------------------------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zonina Code -------------------------------------------------------------------------- RNQUIRED SUMITTALS r Z n - 1(7 �' Z3 L ^ - � � 13 Completed Application Form. LIP Certified Property Owners List of owners within 150' (you can obtain this list from Hennepin County Department of Finance A-601 Government Center 148-1271) Stamped, legal sized envelopes (t10) pre -addressed to each of the names on the above list with no return address. r,or.' Certificate of survey including hardcover calculations as required. )CJJ.' Plat Map. -------------------------------------------------------------------------- The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. -------------------------------------------------------------------------- APPLICANT•S SIGNATURE The applicant 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 cer i es that the information supplied is true and correct to the es �gfis/hkno ledge. Applicant's signature z4its Date - ®0INORS SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verif icatio"f this req" t. Owner's signature /r -- �►-�L'`-- Date ------_--•--------------1-�----------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meet 1nq. Planning Commission Meetings are held on the third Monday of each month. RUN DATE 10/16/85 BATCH 001 38 20-117-23 43 0010 PROP ADDP. 03243 CASCO CIR OWNER NAME JAMES H RICHARDS A WIFE TAXPAYER JAMES H RICHARDS NAME/ADDR 3243 CASCO CIRCLE ORONO Mll 55391 38 20-117-23 43 0015 PROP ADDR 03233 CASCO CIR 01,11ER NAME D M SPILSETH R P 0 SPILSETH TAXPAYER DAVID M EPILSETH NAME/ADDR 3233 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0050 PROP ADDR 03241 CASCO CIR r:S1ER NAME T d S CO^SCN TAXPAYER THUPV,3 R e S!IERRY A CORSON NAME/ADDR 3241 CASCO CIR ORCN0 t'N 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0013 DOUGLAS H SMITH DOUGLAS N SMITH / 3203 F. CALHOUN PKWY MPLS MH 55408 _ HENNEPIN CGUNTY PINS SYSTC4 RUN DATE 1C/16/85 REPjRT NO PII#34a;;1 38 20-117-23 43 0016 03231 CASCO CIR K 0 HANSON i S K HANSON VIETH 0 1 SANDRA K HANSON 3231 CASCO CIRCLE WAYZATA MN 55391 TOTAL BATCH 001 00007 REPORT NO. PI435401 PAGE I 38 20-117-23 43 0014 03235 CASCO CIR C JACK. REMIEN JR ETAL JACK C REMIEN JR 3235 CASCO CIRCLE WAYZATA MN 55391 38 20-117-23 43 0031 THE CASCO CO THE CASCO COMPAt1Y ROBERT 0 MACHIE 3135 CASCO CIR WAYZATA MH 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE Ott THE RECORDS OF T11E HENNEPIN COUNTY DEPARTMENT OF PR ERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. l �( DATE1BY 1�. MY OF GROW BOX 66 Caislal -V. P"I'l. 55323 38 2 THE C,� RCa5F e5 LA AYVI U 7-23 43 0031 KMPANY 5 `%3 91 L �qu If� NOV — 1 1985 CITY OF C UN, -) C I TY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, November 18, 1985 for the public review of the following land use applications: 1. - 7 Robert J. Bauman, 1040 Tonkawa Road - Hardcover and average lakeshore setback variances to construct an enclosed swimming pool. 2. #988 James E. Mertes, 3237 Casco Circle - Lot area and lot w�idl variances to construct a new residence. 3. #989 Hennepin County Department of Transportation, Hendrickson Lake Access (County Road 51 between County Road 19 and County Road 135) - Conditional use permit for construction of seawail. 4. -990 Ward Ferrell, 3411-3415 Watertown Road - Lot area and width variances to construct residences on substandard adjacent parcels. 5. #991 William Ulrich, 1535 Bohr.'s Point Road - After- the=f-adT- conditional use permit tor f i l l ing and grading within 75 feet of the lakeshore. 6. #992 City of Orono, County Road 15 at Spates Avenue - Conditional use permit for grading and filling within 75 feet of the shoreline at this public access. 7. #993 Tonka Transmission, 1960 Shoreline Drive - Amendment of conditional use permit for service station and transmission shop operation. 8. #994 Frank Kokesh, 4100 Watertown Road - Conditional use permit for commercial riding stable operation. All persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Michael P. Gat t ron, Assistant Zoning Administrator To be published the wf,ek of November 4, 11R5 C I TY OF ORONO NOTICE The Planning Commission will hold a Public Hearing in the Council Chambers at 1275 South Brown Road on Monday, November 18, 1985 for the public review of the following land use applications: 1. - 7 Robert J. Bauman, 1040 Tonkawa Road - Hardcover and average lakeshore setback variances to construct an enclosed swimming pool. 2. #988 James E. Mertes, 3237 Casco Circle - Lot area and lot w�idl variances to construct a new residence. 3. #989 Hennepin County Department of Transportation, Hendrickson Lake Access (County Road 51 between County Road 19 and County Road 135) - Conditional use permit for construction of seawail. 4. -990 Ward Ferrell, 3411-3415 Watertown Road - Lot area and width variances to construct residences on substandard adjacent parcels. 5. #991 William Ulrich, 1535 Bohr.'s Point Road - After- the=f-adT- conditional use permit tor f i l l ing and grading within 75 feet of the lakeshore. 6. #992 City of Orono, County Road 15 at Spates Avenue - Conditional use permit for grading and filling within 75 feet of the shoreline at this public access. 7. #993 Tonka Transmission, 1960 Shoreline Drive - Amendment of conditional use permit for service station and transmission shop operation. 8. #994 Frank Kokesh, 4100 Watertown Road - Conditional use permit for commercial riding stable operation. All persons wishing to be heard will appear at this time. Writ- ten comments are solicited. Plans are available for review in the City offices. City of Orono By: Planning Commission Michael P. Gat t ron, Assistant Zoning Administrator To be published the wf,ek of November 4, 11R5 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Amy Klaers, of the City of Orono, Hennepin County, Minnesota, dcL hereby certify that a Notice of Public Hearing concerning 98 was mailed to the attached list of property of owners on November 5, 85. In Witness Whereof , I have hereunto set my hand and seal on this fifth day of November. Amy Klaers �l rncr. rra f"arvraf0 Ca -sW#1 rn•, hold a PtA)bc rsseratg in iris Oorrx rt chaird ws at 12 75 3outn groan Row on t tour ffove fdw IS + oe5 nor iris PueaC renrynr M try IGNMV mind cna apc nations No aer A~ J &a~ 1040 Tefrtrae Road—Nrdow-w antl tf»►ap Meshole GO- haca vertrrtea to conafruct an wtafaaad aw11f► r" Poor .110-112 No Me James E eAwba 323f (waoe Circle —Let area and lot rndtr ranrrcaa 10 oMP atruct a row reardetrce 3 file Yee a low ww C4%a* ualrlwMrf of Traneppliffilen NendryfMpt f jy Acoeaa (Ceu i y fiats 5 t e Westin Co wr Road 19 and opfatty frets 1 JSi—Cordttgrrl w pwvrrl 'or conskn - - of atalmaa a No litho wore Faints $411 Je 1 s WOw torn R*06t Lot ants arrd wrath seetanoaa Is ootyfruct renewtaas an atdlrrtlsd a0aow11 Pwaara s no go 1 Vafrer uhheh sae firers meets aw#-w1w nr.+.ct ownetronrr me ItwrtM for f" atte ,reap .Aftsn , 3 tot or Ma +aa.atrwe e No 9e2 city of Orem r oM1V Road 15 a1 fetes A.waw—Oan/hanr use pim to► or drr w rtArp eleiet TS feel of so srrereftre ,it the &MA- aCGar 7 No 0" Tana Trarrssanialen, 1M Shemo Bowe—Afflj&a m,- of p UNION l lets "MR fo► OnrAce id" arw Ww"Mi ts. ahao aoe.+forf A No V" frail Ke�wh. a 100 Welosawn R)os-•Ccrboonr %00 pwwa for eawwwl rubuLahme OW +teen twtsola a.t w row haw vets grave w I eft fi tie awn oatsattwea are tribcAed /try ale flssdable for ..« in 1M city utrroaa aft of Orono ft. pwwwv ODrfattsaatwt (r•eh..f P Otdfron Ase.elani Inning Aden-maUator (tliadst J on The Laaot ritill 0111ryw Nm 5 1N61 - -• t1e J�ti aT Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, berry duly sworn, on oath says that tie is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound, Min- nesota, and has full knowledge of the facts which are stated below: A ) The newspaper has complied with all the re- quirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A 07, and other applicable laws, as amended B ) The p; inted �`jfj�-L✓6 ti OT7C,�_ which is attached was cut from the columns of said I newspaper, and was printed and published once each ( �! NOV - 81985 J r ; to week for / successive weeks It was first published Tuesday, r�/ the — day of -- -- AAO ��- 19 f and was thereafter printed and published every Tuesday. to and including Tuesday, the day of Authorized Agent Subscribed and sworn to me on tnis 6 day of i ✓, 19 �r By Notary Public Rafe Information (t) Lcweat ciassrhed rate paid by crxnmercaal onsets for comparabie space $6 90 per inch. (2) Maximum rate allowed by iaw for above matter $4 13 per Inch (3) Rate actually charged for above matter $4 13 per inch Each additional successive week $2 75 per inch EXHIBITAl D CP 144 ` �• r +• O, '' �/ �V` jvpti .co ice �= \ .� � yy`,tA a — "10 up I`� 7. � N P L /,•y�' ..� �� _ ems; 4 .i 0^ •����� �.�~ S'/ -. w .� to cl 40 Z. CA t/ o i � • N r G=`69 to o M +• ' � e9 i p J lk �• +• is N � r W. Brown Land Sury Inc. 501 West 78th Street Bloomington, Minnesota 55420 (612) 881-0047 SURVEY FOR; SUMMIT BUILDERS WOOOROW A. BROWN, R.L.S. President LAKE MINNETONKA E LEV. FE8.27,1985 590 PROPERTY DESCRIPTION Lot 18, and that part of vacated L k S h D i 1 i i 1 t 18 o a e re r• ve y ng n o SPRING PARK ADDITION, according �\` to the recorded plat thereof, VAIC4 Hennepin County, Minnesota L 4 Kt, A / �y 1.0 � • o , . 0ti O •IRON MON. ; ! 10 9 0 !' Pik' \�/ �� • ~�~4. �—�► ab« NOTES \b \�'� (91.5) Denotes Proposed Elevation �.�e ��; 89.7 Denotes Existing Elevation a,'P. b� / \ Proposed Garage Floor Elevation- 92.0 ?s q : •'' ' I`) Proposed Top of Block Elevation= 92.4 Proposed Basement Floor Elevation=84.4 8 ifs% ti 4 " Proposed Walk out Elevation- 84.4 .00 ^� ! BENCIVARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 S ' I hereby certify that this sketch plan or report A^•y was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. Date: March 4, 1985 Reg. No. _15230 Revised: January! _10, 1986 M.O. 6-8S 7/31 Ex#. A W. Brown LaA4 Surveying Inc. F 501 West 78th Street rWOODROW A. BROWN, R.LS. Bloomington. Minnesota 554 Mo1%. ` President (612) 881-0047 ti.� !� LAKE SURVEY FOR; S MIT BUILDERS �\ MINNETONKA � � LE V. FEB. 27,19A3 > 3 590 PROPERTY DESCRIPTION Lot 18, and that part f vacatedSTCI"u4R`I( Lake Shore Drive ly g in Lot 18 SPRING PARK ADDIT according V e�'g� to the recorded at thereof, �c,�r L�� Hennepin Coun Minnesota Eo ,fib is 0 1 � S N _\ C' � ehi� !O� �'+y _ 'r W I JD7 SCALE I= 40q,`"LID �hI O s IRON MON. j ;v /\(,O �aC �"�� qlb � / yQ�+ v •��0:.;.:.: � eA`�� a ��r �• *', �:NT t+o ''1 `'� tJoT l.RP"�N i '�at1 —�►' e` NOTES4b CA o \ d e1 �91.5) Denotes Proposed Elevation ;� 4,♦ 4j� 89.7 Denotes Existing Elevation a°�A. c,� �e i �:��� Proposed Garage Floor Elevation= 92.0 As 4 c,) Proposed Top of Block Elevation= 92.4 Proposed Basement Floor Elevation-84.4 �fsSOti `� Pr•cposed Walk out Elevation- 84.4 4e ♦ ' PP UNCHMARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 S' I ti?reby certify that this sketch plan or report was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. \ Date: March 4, i935 Reg. No. 15230 w.'?. 6-es 7/2 7 `, 4 ' O, - lot L PtcP�-a �rN i Ult t -7,z i �0 Certificate of Survey for Thomas R. Johnson of Lot 18, Spring Park Hennepin County, Minnesota 0� 'Se• e o o.�• r Scala: 1" = 4W Date : 6-17-83 o . Iron marker EXHIBIT---= r,o 41 M I hereby certify that this is e• true and correct repre- sentation of a survey of the boundaries of lot 18, Spring Park, the Location of all existing buildings 0 °^-.ereon, and the proposed location of y rrc. ,csed bLi131ng. It does not pur- port to stiow otner Improvements or or.croachments. Reg2ea By22t weic. rt"o F*&O- - � AV" L5 � �5 0 Ry G•r Sr ers D it Ji XRDC' K. ''CFF;K rL . , INC. ,;crdor. ii. '.c.ffin Reti. ac . 4 hark S. 3rc.nbe:rg Reed. No.12755 Land Surv-,yo rs and Planners .knF Luse, Minnesota W. Brown Land Surveying, Inc. 501 West 78th Street WOODROW A. BROWN, A.L.S. Sloominoon, Minnesota 55420 PreekWO (612) 881-0047 LAKE SURVEY FOR: SUMMIT BUILDERS MINNETONKA �`. ELEV. FE9.27,1995 ~� S9A PROPERTY DESCRIPTION Lot 18, and that part of vacated Lake Shore Drive lying in Lot 18 ;� SPRING PARK ADDITION, according to the recorded qa t thereof, VAC, T Hennepin County. MTmnesota Eo \ eo ` c L 4Ar �- ExwetrA 3 00 4 !' ` `SO 4 . NO. 01 �" s, 0 ' "` . \ � a / SCALE- 1"• 40 O • IRON MON. 4j0 w� �,� 10 / '`v /\ /! 10 �P t! �1r • h Q \ / , NOTES �� d (91.5) Denotes Proposed Elevatf6� 89.7 Denotes Existing Elevation ��A, d� • / ,_��� Proposed Garage Floor Elevation- 92.0 �� 1`) Proposed Top of Block Elevation- 92.4 4 1 ,� Proposed Basement Floor Elevation=84.4 'yip s`s�i' ti 4 Proposed Walk out Elevation- 84.4 BENCHMARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 s \i I hereby certify that this sketch plan or report y �^♦was prepared by me or under my direct supervision and that I am a duly registered land surveyor /1�Orff under the laws of the State of Minnesota. Date: March 4, 1985 Reg. No. 15230 f ' r'TA-IN Tn -tiff APPRn L Revised: Janua�l0, 1986 (��Tz'L, iN R} sot. NT-/oti s w.o a -es - - (000'X A'Np R 'p,vF t�JA j 'ON c 1&e,4.e_AT?r1�j S-40LIVOC. TO T C bla� tip` �/ s� IN Acc_e,rtANet~ w#7-1 Ciro; NAdDcn�tre 1tFCDvl,r!`M�•n���, W. Brown LaA4 Survenjg, Inc. 501 West 78th Street ,� WOODROW A. BROWN, R.L.S. Bloomington, Minnesota 5542 ,���President (612) 881-0047 � � ` LAKE SURVEY FOR: S MIT BUILDERS �,e �\ MINNETONKA ELEV. FEB. 27,19AS 59LO PROPERTY DESCRIPTION i'.•, • Lot 18, and that hart f vacatedSTO/"�R`� �• �'� Lake Shore Drive 1y g in Lot 18 . R�i • i SPRING PARK ADDIT according `�• +°% to the recorded at thereof, 1"4c4T S �,lIV� eb Hennepin Coun Minnesota r e ', icy • 1Naq� _ \ 9~ #�' hjor T O it SCALE I"- 40 't'i. v ,�h l0 p►� A'T O+ IRON MON. Io J �1.3 �3 �f. raT ��•� P ?PILc� rR.«IN JJ Q T p 6 ` +" \moo �, NO�E�J e' �' +P�i.:. �' (?1.5) Denotes Proposed Elevation 4. h , 89.7 Denotes Existing Elevation Proposed Garage Floor Elevation- 92.0 •� ��) Proposed Top of Block Elevation= 92.4 Proposed Basenent Floor Elevation -84.41 Prcposed Walk out Elevation= 34.4 GEV�+'1ARK: ',rike in Power Pole at N.W. Cor. .Qs oho / of Lot 13 - 100. )D �. I hereby certify that this sketch plan or report was prepared by »e or under my direct supervision and that I am a duly registered land surveyor 40 under the laws of the State of Wonesota. :'ate: March 4, 1935 Reg. ;Jo. 15230 _ wo 6-05 7,'27 tic pAialp 10, 1 Ffit T ? r7C-►� BeiZS %'J E t4ovs @6 W. Brown Land Surveyingp Inc. 501 West 78th Street WOOOROW A. BROWN. R.L.S. Bloomington, Minnesots 5U20 (612) 881-0047 LAKE SURVEY FOR: SUMMIT BUILDERS MINNETONKA Z_ ELEV. FE8.27,19e3 59.0 PROPERTY DESCRIPTION% iLot 18, and that part of vacated 'Lake Shore Drive lying in Lot 18 (SPRING PARK ADDITION, according ito the recorded plat thereof, V14C4 T d Hennepin County, Minnesota Eo \ do I0 LAIAre.� b SCALD I"s 40' / 0' 1'g�tr�p .�b ` /eM►�n i O • IRON Moot. iv h0 JPv � !n to .i '•� ! 11116 jp r, '. • _—�' NOTES SSA (91.5) Denotes Proposed Elevation 89.7 Denotes Existing Elevation Proposed Garage Floor Elevation- 92.0 , Imo) _ Proposed Top of Block Elevation- 92.4 Proposed Basement Floor Elevation-84.4 Proposed Walk out Elevation- 84.4 BENCHMARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 s \� I hereby certify that this sketch plan or report _A• was prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. / I Date: March 4, 1985 Reg. No. 15230 _ Revised: January 10, 1986 Iwo. d 7/ 3? 43 l AREA C?JLC)N 0 PLAT 43"509 PARCEL SEC TWP / RNG V3 o a/y 23 TYPE I I% 1K j1E 2 S/L S/E CLASS 1 2 3)4 5 6 7 AGE INSPECTION DATE _ 3/Z4//7 APPRAISAL DATE _ SALE DATE PARTIAL TYPE IMPROVEMENTS M "� a tar FIQ foots PtAI N,►�ZCF.4� UAM-96 ANO DZ: ,C1 IPTli-i1 ii t•�1 lLt: f I Doan M rSta1 6TAL i 'fc 16 +3300 (.00 80, 34 Ott 1 at�s�;Satin r5i`) f ADDRESS: 0 TAo iFee at 'i PliAfi'►f�i AND3E:T4;N `. T .lo. LOVP ♦ i D, S k.. E' a jF IL f 61 L.:.. I S 6.04 SEC. 6.04. TRAFFIC AND PARKING CONTROL. Subd. 1. Traffic and Parking Signs and Signals. No device, sign or signal shall be erected or maintained for traffic or parking control unless it is authorized by the City. The Public Works Departmpn* --' hief of Police are hereby authorized to .ng control devices as may be necessary it when traffic and parking control is marking or sign -posting shall attest to ay require the erection or removal of the expense of the private road owner. herwise required by the City, private ate and privately enforce other traffic iin the private road right-of-way. _...A.dry to _....... iLctions or prohibitions. estrictions and Prohibitions. It is a to drive a vehicle contrary to lane painted on any street, or contrary to caded restrictions or prohibitions. testrictions and Prohibitions. It is -ark a vehicle, except an emergency trictions or prohibitions painted on sign -posted, fenced, or barricaded Subd. 4. Damaging or Moving Markings. Except as otherwise provided, it is a misdemeanor for any person to deface, mar, damage, ouscure, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, employee or contractor for the City, or other authority having jurisdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. SEC. 6.05. CONSTRUCTION AND RECONSTROCTION OF PUBLIC ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS. Subd. 1. Methods of Procedure. A. Abutting or affected property owners may I contract for, construct or reconstruct public roadway surfacing, sidewalk or curb and gutter, driveway aprons or curb cuts in accordance with this Section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. B. With or without petition by the methods set I forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. `l ORONO CC 141 (4-1-84) W V S 6.04 SEC. 6.04. TRAFFIC AND PARKING CONTROL. Subd. 1. Traffic and Parking Signs and Signals. No device, sign or signal shall be erected or maintained for traffic or parking control unless it is authorized by the City. The Public Works Department and the Chief of Police are hereby authorized to erect such traffic or parking control devices as may be necessary or desirable; provided, that when traffic and parking control is marked or sign -posted, such marking or sign -posting shall attest to authorization. The City may require the erection or removal of signs on private roads at the expense of the private road owner. Provided, that except as otherwise required by the City, private road owners may erect, regulate and privately enforce other traffic and parking restrictions within the private road right-of-way. Subd. 2. Traffic Restrictions and Prohibitions. It is a misdemeanor for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign -posted, fenced, or barricaded restrictions or prohibitions. Subd. 3. Parking Restrictions and Prohibitions. It is unlawful for any person to park a vehicle, except an emergency vehicle, contrary to lane restrictions or prohibitions painted on any curb, or contrary to sign -posted, fenced, or barricaded restrictions or prohibitions. Subd. 4. Damaging or Moving Markings. Except as otherwise provided, it is a misdemeanor for any person to deface, mar, damage, obscure, move, remove, or in any way tamper with any structure, work, material, equipment, tools, sign, signal, barricade, fence, painting or appurtenance in any street unless such person has written permission from the City or is an agent, en ployee or contractor for the City, or other authority having risdiction over a particular street, and acting within the authority or scope of a contract with the City or such other authority. SEC. 6.05. )NSTRUCTION AND RECONSTRUCTION OF PUBLIC RDADWAY SURFACING, SIDEWAL.', CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS. Subd. 1. Methods of Procedure. A. Abutting or affected property owners may contract for, construct or reconstruct public roadway surfacing, sidewalk or curie and gutter, driveway aprons or curh cuts in accordance with this Section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. B. With or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, presently beginning with Section 429.011, as the same may from time to time be amended. ORONO CC 141 ( 4 -1. -8 4 ) `' \j S 6.05 Subd. 2. Permit Required. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, driveway aprons, curb cuts, roadway surfacing or private improve- ment in any public street or other public property in the City without a permit in writing from the City. Application for such permit shall be made on forms approved and provided by the City and shall sufficiently describe the contemplated improvements, the contemplated date of beginning of work, and the length of time required to complete the same, provided, that no permit shall be required for any such improvement ordered installed by the Council. All such applications shall contain an agreement by the applicant to be bound by this Chapter and plans and specifications consistent with the provisions of this Chapter and good engineering practices shall also accompany the application. A permit from the City shall not relieve the holder from damages to the person or property of another caused by such work. These regulations shall apply to all City, State and County roads. Subd. 3. Specifications and Standards. All construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts and driveway aprons, shall be strictly in accordance with specifications and standards on file in the office of the City, and open to inspection and copying there. Such specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. Subd. 4. Inspection. The City shall inspect such improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City if fount: to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise such work. _ SEC. 6.06. CONSTRUCTION AND RECONSTRUCTION OF PRIVATE ROADWAY SURFACING, SIDEWALK, CURB AND GUTTER, DRIVEWAY APRONS OR CURB CUTS. Subd. 1. Method of Procedure. Abutting or affected property owners may contract for, construct or reconstruct private roadway surfacing, sidewalk or curb and gutter, driveway aprons or curb cuts in accordance with this Section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. Subd. 2. Permit Required. It is a misdemeanor to con- struct a sidewalk, curb and gutter, driveway, driveway aprons, curb cuts, roadway surfacing or private improvements in any private road or other private property in the City without a permit in writing from the Citv. Application for such permit shall be made on forms approved and provided by the City and small sufficiently describe i ORONO CC 142 (4-1-84) S 10.21 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided i.► Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot front Side Adjacent to Rear Area Width Yard Yard Street Yard 1 2 acre 0 Feet -=Mop 30 feet 10 ?eet --1-5--Fe et30-7eet am SEC. 10.22. REGULATIONS FOR-LR-1A-, "LR-lA-10,-LR-1B6, -LR-IC* AND-LR-1C-16 ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1", "LR-lB", "LR-lC", or "LR-lC-1" One Family Lakeshore Residential District the following regulatio►3 shall apply: Subd. 1. Lakeshore Set Back Regulations. The set back from the shoreline for lakeshore lots shall be at least 75 feet a►ld no building may be located closer to the shoreline than the average distan�:e trom the shoreline of existing residence buildings on adjacent and nearby lots. Subd. 2. Lakeshore Hard Cover Regulations. Within 75 feet of shoreline there shall be no excavating, filling, hard cover, temporary or permanent structures. Within 75 to 250 feat of the shoreline there shall be no greater than 25% hard cover. Within 250 to 500 feet of the shoreline there shall be no greater than 30% hard cover. Within 500 to 1,000 feet of the shoreline there shall be no greater than 35% hard cover. Subd. 3. Tree Rem,)val Regulations. No trees within 75 feet of the shoreline with the diameter of six (6) inches or more shall be removed without first obtaining a permit from the Council. SEC. 10.23. LR-1A ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-IA" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be .allowed by conditional ise permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka or Long Lake. BecauE:2 of the location of the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect those natural resources from the effects of dense development. ORONO CC 283 (4-1-84) s 10.24 Subd. 2. Permitted Uses. Within any "LR-lB" One Family Lakeshore Residential District, no structures or land shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-lA" District. Subd. 3. Conditional Uses. Within any "LR-lB" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-lA" District. Subd. 4. Accessory Uses. Within any "LR-1B" One Family Lakeshore Residential District no accessory structure or use of land shall be permitted except L-3r one or more of the following uses: A. Ary accessory use as regulated in the "R-lA" District and 'privata docks' subject to Lhe City Code and other applicable regulations, including boat density regulations. Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Lot Lot Area Width 1 acre 140 feet Side Yard Front Adjacent to Yard Another Lot 35 feet 10 feet Side Yard Rear Adjacent to Yard Street 30 feet 35 feet SEC. 10.25. LR-1C ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "LR-lC" One Family Lakeshore Residential District is intended to provide a district which will allow a combination of medium density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of storm water runoff into Lake Minnetonka. Because of the location of the district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the effects of intense development. The district shall have immediate access to highways and public sanitary sewer. ORONO CC 285 '4-1-84) S 10.25 Subd. 2. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Subd. 3. Permitted Uses. Within the "LR-lC" One Family Lakeshore Residential District, no land or structure shall be used except for one or more of the following uses: A. Any permitted use as regulated in the "R-lA" District. Subd. 4. Conditional Uses. Within any "LR-1C" One Family Lakeshore Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-IA" District except that a Planned Residential Development Shall not be limited to detached single family dwellings only. Subd. 5. Accessory Uses. Within any "LR-1C" One Family Lakeshore Residential District, the following uses shall be permitted accessory uses: A. Any accessory use as regulated in the "R-lA" District any 'private docks' subject to the City Code and other applicable regulations, including boat storage density regulations. Subd. 6. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or builJing shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent to Area Width Yard Yard Yard Street 172 acre 100 feet 30 feet 10 feet 30 feet 15 eet SBC. 10.26. LR-IC-1 ONE FAMILY LAKESHORE RESIDENTIAL SUBDISTRICTS. Subd. 1. Lakeshore Set Back, Hard Cover and Tree Removal Regulations. (See Section 10.22). Uses. ORONO CC Subd. 2. Permitted Uses, Conditional Uses, and Accessory A. Any use as regulated in the "LR-lC" District. 286 (4-1-84) § 10.20 SEC. 10.20. R-lA ONE FAMILY RESIDEHTTIAL DISTRICT. Subd. 1. Purpose. The "R-IA" One Family Residential District is intended to provide a district which will allow a combination of low density residential development and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immee;ate access to highways and public sanitary sewer. Subd. 2. Permitted Uses. Within any "R-lA" One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks and playgrounds. C. Municipal buildings. Subd. 3. Conditional Uses. Within any "R-lA" One 1'amily Residential District, no structure or land shall he used for the following uses except by conditional use permit.: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral part of the church proper, convents or homes cor persons related to a religious function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming poo's serving more than one family, scout camps, YMCA ceps, YWCA camps, church camps, or private non- profit parks, playgrounds and other similar uses. The principal structure for any of the abo.e listed uses shall he 100 feet or more from any abutting lot in an "R" District, and accessory structures shall be a minimum of fifty feet from any lot line. D. Public Service Structures. Public service structures, including but not limited to electric transmission lines, buildings such as telephone exchange stations, booster or pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no building shall he located within fifty feet from any lot line of an abutting lot in an "R" -)istrict. Prior. to qranting such permit it shall be found that the archite;.::ural ?eiyn of ORONO CC 279 (4-1-84) § 10.20 service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. E. Greenhouses. Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or adjoining lot. F. Recreation Areas. Private gun clubs, archery ranges, riding stables, ski slides, provided the area is fenced and no part of the principal use is less than 100 feet from any lot line. G. Guest Houses. A separate dwelling constructed on an existing undivided lot for the sole use of the occupants of the principal buildings, including their domestic employees or their non-paying guests. All regular lot requirements shall be met by the guest house. H. Planned Residential Development. Limited to detached ngle family dwellings only and subject to the limitations of Section 10.32. I. Duplex Credit. One duplex may be located on a single lot as a conditional use upon application therefor provided that public sanitary sewer service i� available, and the lot is adjacent to a commercial or industrial district, and the duplex is constructed within 200 feet of the commercial or industrial district. A duplex is defined as a two-family unit residential building. J. Apiaries. K. Animals. The keeping of domestic animals for non-commercial purposes includina, horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than 150 feet from the nearest lot line. A minimum of one acre in aggregate, exclusive of one acre for the principal building, must be available for each animal unit, except as hereinafter set forth. A minimum of two acres of open pasture must be availabl^ for a single horse and one additional acre must be available for each additional horse. When the horses are kept stabled and do not require pasture for feed p-,irposes, tqe minimum pasture requirement may be adjusted at the di!,cretion of the Council. Such minimum pasture acreage shall not include low lying lands unusable for pasture or grazing. Any person keeping such animals must comply with the provisions of the City Code. more acres. L. Farms (Crop). Provided that the area is ten or Source: Ordinance No. 172 Effe-tive Date: 1-1-75 ORONO CC 280 (4-1-84) S 10.20 M. Antenna Structure. One independent antenna structure with antenna or combination of antenna attached thereto, subordinate to and servicing the principal use or structure on the same lot and customarily incidental thereto that is not attached to another structure provided the height of the antenna structure does not exceed 65 feet and the antenna structure is set back from any lot line a distance at least equal to the total height of the antenna structure. Source: Ordinance No. 177 Effective Date: 6-5-75 Subd. 4. Accessory Uses. Within any "R-lA" One Family Residential District, no accessory structure or use of land shall be permitted except for one or more of the following uses: A. Garages. Private garages and parking space. B. Pools, etc. Private swimming pool, tennis courts, and paddocks. C. Home Occupations. Any gainful occupation meeting all of the following requirements when engag-9 in only by persons residing in their dwelling, w'ien there is no employed assistant, when that occupation is conducted within the principal structure only, when evidence of the occupation is not visible from the street, no signs other than tnose permitted in "R" Districts are present, no excessive stock in trade is stored on the premises, over the counter retail. sales are not involved, the entrance to the home occupation is gained from within the structure, and the use does not adversely affect the character of the uses permitted in the district in which it is located. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for general oractice of his profession when such general practice will involve the need for more than three off-street parking spaces for the-3ccupant and visitors. o. Signs. Signs as regulated in the Zoning Chapter. E. Temporary Structures. Buildings temporarily located for purposes of constructing on t'ie premises for a period not to exceed time necessary for such constructing. P. Gardens, etc. Gardening and other horticultural uses including aviaries and decorative Landscape features. G. Roadsidt Stands. One "oadside stand offering for sale only farm pr3ducts produced on t'ie premises provided that such stand does not exceed 200 square feet in area and that it is located at least thirty feet back from the public right-of-way. ' Source: Ordinance No. 172 Effective Date: 1-1-75 ORONO CC 281 (4-1-94) § 10.20 H. Antenna. Any antenna or combination of antenna rigidly attached to the principal or accessory structure provided that none of the foregoing exceeds the total height allowed in Section 10.75. Source: Ordinance No. 177 Effective Date: 6-5-77 Subd. 5. Area, deight, Lot Width and Yard Requirements. A. Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. Lots. The following minimum requirements shall be observed: Side Yard Lot Lot Front Side Rear Adjacent to Area Width Yard Yard Yard Street 1 acre 140 feet 35 fee 10 feet 30 feet 35 feet SEC. 10.21. R-18 ON, FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpos, The "R-IB" One Family Residential District is intended to pro, ;.de a district which will allow denser residential development. P inned Residential Developments may be allowed by conditional us permits. The district shall have immediate access to highways ind public sanitary sewer. Subd. 2. Permitt( Uses. Within. the "R-lB" One Family Residential nistrict, no la I or structures shall be used except for one or more of the f.ollo ing uses: A. Any perm tted use as regulated in the "R-lA" District. Subd. 3. Conditional Uses. Within any "R-lB" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Any conditional use as regulated in the "R-lA" District except that a Planned Residential Development shall not be limited to detached single family dwellings only. Subd. 4. Accessory Uses. Within any "R-lB" One Family Residential District, the following uses shall be a permitted accessory use: District. A. Any accessory use as regulated in the "R-IA" ORONO CC 282 (4-1-84) S 10.60 SEC. 10.60. PERFORMANCE STANDARDS. Subd. 1. Standards For All Districts. The guiding of rural and suburban levelopment so as to develop a compatible relationship of uses to achieve the purposes and guiding principles established by this Chapter depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses, and any use authorized by special permit, variance, the application of any credit, formula, or special planning procedure such as P.R.D.'s or P.I.D.'s or other provision of this Chapter shall conform to the following standards. These standards shall apply in all districts. Subd. 2. Density. Permitted uses or application of the various provisions of this Chapter or other laws including provisions relating to conditional and accessory use, uses authorized by special permit, variance, the application of any credit, formula, or special planning procedure, whether singly or in combination, shall not result in a density greater than four dwelling units per acre of dry buildable land or air space used for construction in any zoning district. Source: Ordinance No. 133 Effective Date: 12-27-71 Subd. 3. Noise. Any use established shall be so operated that no noise resulting from said use is perceptible beyond the boundaries of that plat line of the site on which such use is located. This standard shall not apply to incidental traffic, parking, loading, construction or maintenance operations. Subd. 4. Smoke, Etc. Any use established, enlarged or remodeled after September 14, 1957 shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare of the public. For purpose of grading the density of smoke, the Ringelmann Chart published and used by the United States Bureau of t4ine,; shall be employed. The emission of smoke shall not be of a density greater than No. 2 on the Ringelmann Chart. Subd. 5. Toxic nr Noxious Metter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein such use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or bus:nes.:,. Subd. 5. Odors, Etc. Any use established, enlarged or I remodeled shall he so operated as to prevent the emission of ORONO CC 377 (4-1-84) S 10.60 odorous or solid matter of such quality and quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Subd. 7. Vibration. Any use creating periodic earth- shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. Subd. 8. Glare or Heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from "R" Districts and public streets. Subd. 9. Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any "R" District line. Subd. 10. Screening Required. Screening shall be required in residential zones where: A. Any off-street parking area which contains more than four parking spaces and is within 30 feet of an adjoining residential lot line, and, B. Where the driveway to a parking area of more than six parking spaces is within 15 feet of an adjoining residential lot line. Subd. 11. Screening, Type of. The screening required herein shall consist of a solid fence or wall at least 50% open, not less thiin four feet nor more than five feet in height but shall not extend within 15 fept of any street or driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, 15 feet from the street right- of-way with landscaping (trees, shrubs, grass and other planting) between the screening and the pavement. A louvered fence -hall b.? considered solid if it blocks direct vision. Planting of a type approved by the planning Commission may also be required in addition to, or in lieu of, fencing. Subd. 12. Maintenance. In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety cu1.Jitions. Subd. 13. Exterior Storage in "R" Districts. In all "R" lDistricts, all mobile materia.s and eq,iipment shall be stored ORONO CC 378 (4-1-84) S 10.60 within a building or fully screened so as not to be visible from adjoining properties, except boats and unoccupied trailers less than 20 feet in length, which are not stored for commercial purposes, if stored to the rear of the house and a distance of 10 feet or more from any property line. Source: Ordinance no. 172 Effective Date: 1-1-75 Subd. 14. Waste Materials. Waste material shall not be washed into the public storm sewer system nor the sanitary sewer system without first having received a permit to do so from the City. If said permit is not granted, a method of disposal shall be devised which will not require continuous land requisition for permanent operation and will not cause a detrimental effect to'the adjacent land. Should the waste be of solid form rather than fluid, the storage area shall be so located and fenced as to be removed from public view. In all districts, all waste material, debris, refuse, garbage, materials not currently in use for construction or otherwise regulated herein shall be kept in an enclosed building or properly contained in a closed container for such purposes. The owner of vacant land shall be responsible for keeping such vacant land free of waste material and noxious weeds. Subd. 15. Drainage. No land shall be developed and no ( use shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, water course, ponding area or other suitable facility. CI. Subd. 16. Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on public streets, safety hazards, or excessi„t! traffic through residential streets. Vehicles backing from a parking space shall not back into the public street. No access drive to any lot shall be located within 20 feet of any two intersecting street right-of-way lines. Subd. 17. Radiation, Etc. No activities shall be permitted that emit dangerous radio activity beyond enclosed areas. There shall be no electrical disturbance adversely affecting the operation of any point of any equipment including but not limited to radio and television reception other than that of the creator of the disturbance. SEC. 10.61. SPECIAL PROVISIONS. Subd. accessory use regulations: 1. Signs as accessory Use. Signs are a permitted in all districts subject to the following ORONO CC 379 (4-1-84) 5 10 08 without impairing the intent and purpose of the Zoning Chapter. The Board of Appeals and Adjustments shall recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. The Council by unanimous action may waive reference to the Board of Appeals and Adjustments. B. The Board shall hold hearings as required by Minnesota Statutes, Section 462.354, Subd. 2. A notice shall be published in the official newspaper once at least ten days before the day of the hearing. Any party may appear at the hearing in person or by agent or attorney. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of each owner of affected property and property situated wholly or partly within 150 feet of the property that requires the variance. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings The failure to give mailed notice to individual property owners, or defects in the nature shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has been made. C. Subject to such limitations as may be imposed by the Council, the Board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The Board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. Subd. 3. Variances; Issuances. A. In considering applications for variance, the Council shall consider the advice and recommendation of the Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests f,)r variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such vary nces only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official contr-l�, ORONO CC 265 (4-1-84) S 10.08 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances Shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. B. The Board or Council may impose conditions in granting of variances to insure compliance with this Chapter and to protect adjacent properties. No variance shall be granted or changed beyond the use per.itted in this Chapter in the district where such land is located. Source: City Code Effective Date: 4-1-84 Subd. 4. Varianc< r in Border Areas. The Zoning Chapter seeks to regulate land use throughout Orono so that the location of the various zones will be compatible to each other and to existing uses and regulations. Where property in the City adjoins property in another municipality which is subject to regulations substantially different from those applying to the City property, so as to make strict enforcement of all the City regulations as to such property unreasonable, the Council may take into account the location of the property and the regulations of the adjoining municipality in considering application for variances hereunder. Source: Ordinance No. 172 EffecLive Date: 1-1-75 Subd. 5. Variances: Denial. Variances may be denied by motion of the Council and such .notion shall constitute a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly ORONO CC 266 (4-1-84) .. G exuE r2k'l. i TOwL s § 10.03 Sued. 7. One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot. Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. Subd. 9. Accessory Buildings. A. Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B. Heigft Restrictions. No accessory building in the "R" District shall e-<ceed the height of the principal building except barns or stables which shall be subject to the approval of the Council. C. Area F 2str ict ions. In all "R" Districts no accessory building shall exceed 1,000 square feet of floor area except barn, stable or grE?nhouse. D. Locatic 'i. No detached garages or other acces- sory building shall be lo(3ted nearfer the front lot line than the principal building on that lot except on lot- which have frontage on a lake. Source: Municipal Code Effective Date: 9-14-67 1. Lc-ation of Principal Building t0 Lakeshore. No principal bL lding shall be located closer than 75 feet to the natural ordinar• high water mark of a lake abutting the property. This lakeshore : tback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allo%,sble building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 Subd. 10. Conditional Use Permit Required. All acces- sory buildings on through lots located in "R" Districts shall require a conditional use permit. Subd. 11. Dwelling Use Prohibited. No cellar, basement, t gent, trailer, or accessory building shall at any time be used as an occupied dwelling. ORONO CC 2155 (4-1-84) S 10.03 Subd. 12. Crowding Principal Building. No accessory building or structure, unless an integral part of the principal building, shall be erected, altered, or moved within ten feet of the principal building. Subd. 13. Garages. Accessory buildings which are for the storage of automobiles shall have the doors thirty feet or more from the property line when said doors face on a public alley or street. Subd. 14. Yards and Open Spaces. A. Reduction Prohibited. No yord or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by the Zoning Chapter and if the existing yard or other open -,ace as existing is less than the minimum required, it shall not be further reduced. B. Application to Only One Dwelling cr Group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other oFen spaces, or minimum lot area requirements for any other building or dwelling group. Subd. 15. Non -Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property may be located to within f4ve feet of the front lot line. C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the front lot line of lake frontage lots which front on a major thoroughfare, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. D. In side or rear yards depth of two feet nor to contain an area feet, fire escapes not to exceed a width malls not to oxceed a height of six feet street parking. ORONO CC 256 only, bays not to exceed a of more than twenty square of three feet, fences and above grade and open off- (4-1-84) ORDINANCE: NUMBER 9, SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON -ENCROACHMENT AND ACCESSORY STRUCTURE SECTIONS OF THE ORONO MUNICIPAL CODE The City Council of Orono Ordains As Follows: SECTION 1. Chapter 13 of the Municipal Code of Orono is I ereby amendf d by amending Sections 10.03 Subdivision 15(C), (D), (E), (F) and 10.22 Subdivision 1 to read as follows: SECTION 10.33 Subdivision 15 Non -Encroachments C. Fences which do not exceed 3-1/2 feet in height, fences not over six feet in height along the street lot line of lake frontage lots which front on a major thoroughfare, if fill is required, the total _combined height of both fence and f i �sha 11 not -exceed 6 fe=t• a -off ie the h ig;it of the cr =of the roe , `��-_ _ i erraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. D. In side or rear yards only, bays not to exceed a depth of two feet nor to cont.iin an area of more than twenty square feet, fire escapes not to exceed a width of threQ feet, fences anti wal is not to exceeil a height of six feet above 21!gina 1 grade and open off street parking except for lakeshore lots, no fence or wall over forty_t�1.Q inches Qt not in excess of sev_ enty-two inches_ is height above original grade -may -be located &loss er to th_e shore Iinr-_than the average ducteistance from �e s�ioreline -shall o_f existing residenceybui_1359s - aacent lots, such fences not be constrd within 75 feet of the shoreline. E. Rear yard only; balconies, breezeways, detached outdoor picnic_ shelters and recreational equipment except as regulated hereinafter; no accessory structure shall be closer than five feet from a rea. dot line nor shall a"fence or wA.0 constructed within it rear yard exceed a height of six feet above origjna 1 gramme. - - F. Side yards only; no accgssory structure shall be cl_o_ser_than ten feet from any side 1o.t line nor shall a fence or wall co _s±_r.ucted with_ in a side yard exceed a height of six_ fee_.above original grade'. SECTION 10.22. Regulations for One Family Lakeshore Resi- dential Districts. Subdivision 1. Lakeshore Set Back Regulations. The set back from the shoreline for 1akeshore lots shall be at least 75 feet and no bui lding, fence or wal 1 over forty-two inches but not in excess of seventy-two inches in height above original gr-ide may be located closer to the shoreline than the average distance from the shoreline of existing residence buildings on adjacent lots. SECTION 2. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Lake Minnetonka Sun and The Laker newspapers. Adopted by the City Council of 1985, by a vote of 5 ayes I D othy�Mr alli•1, City Clerk Orono on this 28th day of January, and 0 nays. Ma'ty C. er, Mayor S 10.03 E. Rear yard only; balconies, accessory structures except that no structure shall be closer than five feet from the rear lot line, breezeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter. F. Side yards only; accessory structures except that no accessory structure shall be closer than ten feet from any side lot line. Subd. 16. Traffic Visibility. No fences, structures or planting more than three feet high in the "R" District on corner lots shall be permitted to obstruct traffic visibility within a triangular area defined as follows: "Beginning at the intersection of the projected curb lines of two intersecting streets, thence thirty feet along one curb line thence diagonally to a point thirty feet from the point of beginning on the other curb line, thence to the point of beginning. Source: Municipal Code Effective Date: 9-14-67 Subd. 17. Essential Services. This Zoning Chapter shall require a permit for all structures including utility poles, and right-of-ways which are an integral part of a system for public transportation, as for transmitting power, water, heat, communica- tions, gas or sewage by any public utility. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Subd. 18. Farming. All farms in existence on January 1, 1975 shall be permitted to continue operation subject to the following conditions: A. No new "stock farms" shall be created or existing stock farms enlarged more than twenty-five percent (25%) in animals over one year old except under the provisions of a conditional use permit. n considering any such permit, the maximum number and type of animals to be kept shall be determined. The site design and method of operation shall be reviewed and the Council shall find that the proposed "stock farm", if in existence, will not in its opinion be detrimental to the public safety and the general welfare. 8. The establishment of any new building for the housing of animals or fowl shall be located 150 feet or more from the nearest offsite residence. C. Products proeuced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such busines;r,. One temporary business sign not over ORONO CC 257 (4-1-84) § 10.03 eight square feet in area may be located in the front yard during the period when products are for sale. Off-street parking must be provided for. Source: Ordinance No. 172 Effective Date: 1-1-75 Subd. 19. Prohibition. It is unlawful for any person to remove, fill, or use for fill, dredge, store or excavate rock, sand, gravel, dirt or similar material within the limits of the City; to fill or reclaim any land by depositing such material or by grading of existing land so as to elevate or alter the existing natural grade; or to build, alter, or repair any seawall, ret-A ping wall, or to otherwise change the grade or shore of lakeshore property without a conditional use permit issued by the Council. Granting of such permits is subject to other regulations and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental bodies. Subd. 20. Permit. An application for such permit shall be accompanied by a drawing made by a registered surveyor or other competent person showing t.ie location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, filled or graded, and such other information as the Council may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by a deposit to be det-,rmined by the City, which will be used to offset the cost of processing the application. Any unused portion will bo refunded to the applicant. Subd. 21. Exception. The requirements of Subdivision 19 are not intended to govern the normal and customary grading in the area of an existing or a nerly constructed building, or the grading of the driveway serving such building. Such grading and earth moving shall '.)e approved b! the Building Inspector at the time of issuance of the building permit, providing that a plan showing proper drainage and protection of adjoining property has been submitted. Any unusual earth filling or removal or grading shall be referred by the Buildin] Inspector to the Planning Com mi.:sion and the Council for action in accordance with this Chapter. Subd. 22. i<ip-rap Defined. Rock placed at water level of lakeshore to prevent erosion of shoreline by water action. Subd. 23. Permit Required. The requirements of Subdivision 19 are not intended to govern the normal and customary rip -rap of lakeshore property. it is unlawful for any person to rip -rap lakeshore property within the limits of the City without a permit issued by the City Engineer. Any unusual rip -rap shall be ORONO CC ?58 (4-1-84) 5 10.03 referred by the City Engineer to the Planning Commission and the Council for action in accordance with this Chapter. Source: Ordinance No. 167 Effective Date: 6-25-74 Subd. 24. Application for Permit. An application for such permit shall be accompanied by a drawing showing the location of the proposed rip -rap and such other information as the City Engineer may require from time to time. Applications shall be filed with the City Administrator and shall be accompanied by 3 fee in the amount prescribed by the current City fee schedule payable to the City. Source: Ordinance No. 196 Effective Date: 8-22-77 Subd. 25. Mining. The commercial extraction of sand, gravel, or other material from the land and removal thereof from the site without processing shall be mining. In all districts the conduct of mining shall be permitted only upon issuance of a condi- tional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. A bond will be required for restoration. Subd. 26. Soil Processing. The operation of processing of sand, gravel, or other material mined from the land shall be permitted only by conditional use permit. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, - ute of trucks moving to and from the site in removing proc•ssed material from the site, the condition in which the site is intended to be left upon completion, hour of operation, and such permit shall not be granted for a period of longer than twelve (12) months. (Sections expansion.) Source: Municipal Code Effective Date: 9-14-67 10.04 and 10.05, inclusive, reserved for future ORONO CC 259 (4-1-84) g 9.11 limits for trapping, location, number of traps and approved maintenance procedures of trap lines. Applications for limited permits shall be made to the Chief of Police and shall be accompanied by a written statement of proof of hardship and a certified property owners list of property owners within 500 feet of trapping area. Property owners shall be notified that such application is being considered by the City. The permit fee shall be as set by resolution of the Council. SEC. 9.12. DOG REGULATION AND LICENSING. Subd. 1. Definition. For the purpose of this Section, "owner" means a person who owns, harbors, feeds, boards or keeps a dog. Subd. 2. Running at Large and Biting Dogs Prohibited. It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be running at large with the permissi of the owner unless it is on a durable leash secured to an obje, which it cannot move and on the premises of the owner, or on a 1".sh and under the control of an accompanying person of suitable age and discretion. Any dog, having bitten a person or other animal, shall be forthwith impounded for the period of incubation. Subd. 3. License Required. It is unlawful for the owner of any dog, six months of age or more, to fail to obtain a license therefor from the City, except as follows: A. Dogs onfined to a City licensed commc_cial kennel need not be individually licensed. B. Dogs confined to a City licensed residential kennel shalt be individually licensed but need not wear the license tag while they are confined in the kennel. C. Dogs currently licensed by another jurisdiction may be temporarily kept in the City for a period not to exceed thirty days provided the dog wears a tag or other identification from such licensing jurisdiction, and provided that a current City license is obtained if the temporary stay extends beyond thirty days or otherwise becomes permanent. Dogs licensed by other juris- dictions are not exempt from the kennel licensing requirements or from any other provision of this Section. Subd. 4. Application. Application for a dog license shall. be upon a form supplied by the City and accompanied by a certificate of a veterinarian, duly licensed to practice veterinary medicine within the State of Minnesota, which certificate shall state that the dog for which application for a license is made, has been innoculated against rabies within six months of the date of the application. No more than two dog licenses shall be issued to ORONO CC 2,05 (4-1-84) S 9.12 any one person or for any one lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Subd. 5. Fees. All licenses and impounding fees provided for in this Section shall be issued only upon payment in full of fees fixed and determined in accordance with City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even -numbered years may be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period, and payment of the fee for a duplicate license. Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. Subd. 7 License Period. All dog licenses shall be issued and be valid for the whole or unexpired portion of two year periods beginning on January 1 of each odd -numbered year. All dog licenses regardless of the date of issuance shall expire on December 31 of each el,en-numbered year. Dog owners shall apply for license renewal prior to the license expiration date. Subd. 8. Notice of Impounding. Upon the impounding of any dog, the owner shall be notified, or if the owner is unknown, written notice shall be posted for five days at the City Hall des.:ribinq the dog and the place and time of taking. Subd. 9. Release From Animal Pound. Dogs shall be released to their owners, aF follows: A. If such dog is owned by a resident of the City, after purchase of a license as aforesaid, and payment of the impounding fees. B. If such dog is of the City, after immunization payment of the impounding fee for impounded. owned by a person not a resident of any such dog for rabies, and thL period for which the dog was Subd. 10. Animal Pound. Any dog found in the City without a tag, or animal rLinning at large, shall be placed in the Animal Pound, and an accurate record of the time of such placement shall be kept on each animal. Every animal so placed in the Animal Pound shall be hold for redemption by the owner for a period of not ORONO CC 207 (4-1-84) $ 9.12 less than five regular business days. A "regular business day" is one during which the Pound is open for business to the public for at least four hours between 8:00 o'clock A.M. and 7:00 o'clock P.M. Impoundment records shall '-)e preserved for a minimum of six months ar- shall show (1) the description of the animal by specie, breed, sex, approximate age, and other distinguishing traits; (2) the location at which the animal was seized; (3) the date of seizure; (4) the name and address of the person from whom any animal three months of age or over was received; and, (5) the name and address of the person to whom any animal three months of age or over was transferred. If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by a licensed educational or scientific institution under authority of Minnesota Statutes, Section 35.71. Provided, however, that if a tag affixed to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be used for research, such animal shall not be made available to any such institution but may be destroyed after the expiration of the five-day period. Subd. 11. Other Unlawful Acts. It is unlawful for the owner of any dog to (1) fail to have the license tag issued by the City firmly attached to a collar worn at all times by the licensed dog, or (2) own or keep a dog which is dangerous (any such dog which has caused injury to persons or property shall be deemed "dangerous"), or (3) interfere with any police officer, or other City employee, in the performance of is duty to enforce this Section, or (4) fail to keep his dog trom barking, howling or whining, or from emitting loud or unusual noise, or (5) fail to prevent his dog from defecating in or upon public property or the premises of another, or (6) permit solid waste of a dog to accumulate on his premises for more than twenty-four hours. Subd. 12. Immobilization of Dogs. For the purpose of enforcement of this Section any peace officer, dog catcher or other person assisting a peace officer or dog catcher may use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching a dog. Subd. 13. Warning of Vicious Dogs. The owner of any dog known to be of vicious habits shall place in plain view of the entrance to his premise:- a sign n-) smaller than 12 inches by 14 inches which shall read: "n eware o" Vicious Dog". SEC. 9.13. ANIMALS AND FOWL - KEEPING, TR.►NSPORTING, TREATMENT, HOUSING. Subd. 1. Definitions. As used in this Section, the following definitions shall apply. A. "Owner" - Any person who owns, harbors, feeds, hoards, keeps, or otherwise possesses an animal, and who is the head of the household of the residence, or the owner or ndnager in ORONO CC 208 (4-1-84) TO: Planning Commission ' FROM: Jeanne A. Mabusth, Zoning Administrator DATE: July 14, 1983 SUBJECT: #761 Douglas H. Smith, 3237 Casco Circle - Variance - Lot Area 6 Lot Width Zoning District - LR-1C Application - a) Lot Area Required = 21,780 sf (100% Required) Rt.juired = 17,424 sf (80% Required) Existing = 16,748 sf or 77% Variance = 5,032 sf or 23% (100% required) Variance = 676 sf or 3.9% (80% required) b) Lot Width Required = '.00' Required = 80' Existing = 55' Variance = 45' Variance = 25' (100% Required) (80% Required) or 45% (100% Required) or 31% (80% Required) This application was accepted on the basis that the lo,. of separate record did not meet 80% of the lot standards required for the LR-lC zoning district. In reviewing the site and the 3xisting improvements on Lot 18, one cannot help but notice a previous use/ownership connection between combined Lots 16 and 17 to the immediate north. The lot is still maintained as part of the yard. I reviewed the tax roles back to 1979 and found that Douglas Smith is the owner of Lot 18. The applicant/owner confirms the sale in 1977. I checked the tax files on Lots 16 and 17 and found the enclosed deed for the sale of all three lots to J. Richard Tuthill in June of 1971. Planning Commission has the following options in review of this application: 1) To table pending resolution of common ownership question - I'm sure we'll have an unhappy applicant as he is ready to build. Please note that in his addendum to the application, he openly reveals that Lot 18 way separated from Lots 16 and 17 in 1977. The LR-IC zoning district was created .n 1967. The applicant has demonstrated complete op-::nness in his responses to the information sought in the application. Once again review enclosed Ordinance 31.201 and 31.202. Our applicant could not understand why he had to apply for a variance because he did not meet the 80% standard. The common ownership question will compound that difficulty even more. Hopefully, I will get the opportunity to explain the common ownership issue prior to the meeting. #761 Douqlas Smith 3237 Casco Circle Variance Paqe 2 2) To act on the variance application for a lot of separate record per the staff survey of vacant lakeshore lots held either in common ownership or separate ownership based on the following findings: a) Staff accepted the application believing it was merely for a lot area and width variance. b) The proposed development of Lot 18 as a single residential unit is consistent with surrounding pattern of neighborhood development. c) The proposed application does not require any variances. d) Existing garage should be noted as a non- conforming structure and subject to all pertinent ordinances. 3) To deny thu lrjt area and lot width variance application finding Lot 18, originally held in commor ownership with Lots 16 and 17 prior to 1971, does not meet the required 1.00% of all lot standards of the LR-1C zoninq district. This is a difficult one for both staff and Planning Commission. I would strongly suggest you go with Option 1 and push for resolution of the common ownership issue. MINUTES OF THE PLANKING COMMISSION MEETING OF JULY 18, 1983. Page .2 SMITH (CONT) #762 THOMAS CORSON 4195 HIGHNOOD ROAD VARIANCE The agent for the applicant -i�, i � Jv i sed of :.he common ownership study bein, canducted currently by the City and that the Planning Commission would have to recommend tabling Smith's application until that study was completed. Mabusth advised that Smith should be given the opportunity to address the issue with staff and Planning Commission. Sime moved to table Douglas Smith's variance application pending resolution of common ownership question and ask that the applicant please attend the next Planning Commission meeting. Adams seconded. Vote: Ayes (5), Nays (0). Mr ind Mrs. Corson were present. Mabusth reviewed w'.th she Planning Commission Mr. Corson's request of a setback variance for a detached garage. He wishes .e^p the same setback of the existing garage which is 9. 6' and to put up a 32' x 24' detached garage in its place. Mabusth noted the applicants hardships as the severe slope and several mature trees. Goetten asked the applicant why he needed such a large garage? Applicant stated that he would like to put a do,ible garage next to a single one used for a hobby shop. His basement is non existent and so its because of that. No plumbing will be installed. Callahan moved to approve the street setback variance application of Thomas Corson to permit the construction of a 32' x :.4' detached garage based on the following findings and hardships: 1 . Slope of land to the south cf the proposed garage. 2. Location of a maturN oak and several small trees. 3. Proposed setback will allow use of existing gravel turnaround and cut down on additional hardcover. Approval is subject to tha following conditions: 1. Dcors of garage must face away from the street. 2. Ttrnaround to be maintained on the site - no backing out onto Highwood Road. Sime seconded. Vote: Aye; (5), Nays (0). W,L MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 19, 1983. PAGE 761 DOUGLAS SMITH 32 CASCO CIRCLE VARIANCE Mabusth noted that Douglas Smith notified her and asked that his application be tabled. Sime moved to table Douglas Smi h's application per applicant's request. McDonald seconded. Vote: Ayes (7), Nays (0). #771 LARRY GRABILL 1350 REST POINT LANE VARIANCE Larry Grabill was present. Sime moved to approve the hardcover and setback variance application of C-rry Grabill permitting an increase of 7% of hardcover within the 0-75' setback area and an increase of 3% in hardcover within the 75'- 250' setback area and to approve a 4' side yard setback variance and a 39' lakeshore setback variance to permit construction of a new residence per revised plan dated September 13, 1981, Exhibit A, based on the following: 1. The revised plan will permit construction further removed from the lakeshore rather than 26' as proposed in original plan. 2. The property could never be developed to meet current standards of the LR-lB zoning district. 3. A year-round residence has existe.1 on the site for over 30 years. There is no available vacant land to be combined with property. 5. The property is sewered. Approval is subject to the following conditions: 1. Applicant to locate new structure so that garage will abutt existing pavement. 2. No new structure may be located within the 0-75' protected area - this includes decking, patios, walkways. 3. No future variance will be granted to this severely limited property. Adams seconded. Vote: Ayes (7), Nays (0). REGULAR MEETING OF THE ORONO COUNCIL, NOVEMB ER 14, 1983. PAGE 4 *761 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE Douglas Smith and Mr. and Mrs. Tuthill were present. Councilmember Frahm noted that there is a common ownership problem and that he would not be able to act on the application until the City has finished their common ownership study and has set some standards. Douglas Smith stated that delaying would prevent construction. Smith noted that the City has had ample time to solve the common ownership issue. Mr . Tuthill noted that when he sold the lot to Mr . Smith that he was under the impression that it was buildable. Tuthill noted that there is nothing specific in the zoning code which addresses the common ownership issue or problem. Mayor Butler read the sections from the coning code which the City bases its position on lots of common ownership. Mr. Tuthill stared that no where in that section does it mention anything about common ownership. Mayor Butler noted the zoning fcr the neighborhood which is half -acre and stated that the lot meets only 3/4 of the zoning requirements. Planning Commission Representative Goetten stated that in her opinion she felt that the Planning Commission was trying to help Mr. Smith by approving at this time because they had hoped that resolution of the common ownership issue would be forthcoming. Councilmember Frahm noted that other people are waiting for the Council's decision regarding common ownership and not just the Smiths. Mr. Smith stated that when he purchased the lot that he figured it was buildable and that he iS paying taxes on a buildable lot. City Attorney Malkerson asked if this lot has been charged for a sewer unit and asked if there was a stub: Zoning, Administrator Mabusth stated no that the lot has net been charged for a sewer unit and that she wasn't. sure if there was a stub available or not? Counc''..lr^ember Frahm asked about. a lot line rearrangement? 1k ,REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE 5 #761 DOUGLAS SMITH Mr. Tuthill stated that he has sold his house as it stands and that a lot line rearrangement wouldn't be possible. Councilmember Hammerel noted that it was not unanimous approval by the Planning Commission and noted Callahan's comments which essentially meant that the common ownership issue had to be dealt with first. Councilmember Grabek suggested setting the date earlier for resolution of the common ownership issue from January 1 to their December 12 meeting. Grabek noted that it is not fair to the citizens of Orono by delaying this common ownership issue. Councilmember Grabek moved, Councilmember Adams seconded, to table Douglas Smith's application pending more information and that the Smith application be brought back to Council on December 12 for action based on the additional information. Grabek asked for the following information to be submitted: 1. Additional information on the sewer and taxation of sewer units. 2. What percentile this lot falls into with the surrounding neighborhood. ?. How mortgages are held in common ownership situations? 4. If this lot has a sewer stub available and how it was treated in the past. 5. Whether or n,,,t there was any tax abatement proceedings. �. Whether or not there was any correspondence from the present owner about the status of this lot, whether or not it was buildable. �. In applicants letter, it states that similar variances have been granted and that the applicant should identify which ones those were so that staff can investigate those to see if a precedent has been set. Motion, Ayes (5), Nays (©). Zoning Administrator Mabusth stated that all other work on zoning applications would have to cease until after the first of the year iii ,rder to allow ad^quate stiff time on the common ownership issue. J i REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 14, 1983. PAGE #761 DOUGLAS SMITH Councilmember Grabek moved that the common ownership issue be solved by the December 12, 1983 meeting. #765 RUDOLPH HOCH 875 PARTENWOOD LANE VARIANCE RESOLUTION #1578 #779 DONALD MAAS/ PARR GUN CLUB 3669 SIXTH AVE. NO. CONDITIONAL USE PERMIT RESOLUTION 41579 Mayor Butler asked if it was fair to hold up the rest of the community. Councilmember Grabek moved, Councilmember Adams seconded, to withdraw his former motion and moved to have the common ownership issue solved by January 9, 1984, Council meeting, and at that same meeting to act on the Smith application. Motion, Ayes (5) , Nays (0) . City Attorney Malkerson stated that the Council should ask if Mr. Smith wishes to have the Council act on his application at the December 12 meeting or table it at that time until the January 9, 1984, meeting after the common ownership issue has been resolved. Douglas Smith stated that he didn't wish to answer that at this time. Councilmember Adams asked for a memo from City Administrator Benson on how the Building & Zoning Department would set their priorities so that they can accomplish this goal. Zo;►ing Administrator Mabusth stated that the Hoch's had signed off on the resolution. Mayor Butler moved, Councilmember Hammerel seconded, to approve Resolution #1578, A Resolution Granting A Variance To Ordinance 173, to permit construction of a 60' length dock to be located 0' from the extended side property line. Motion, Ayes (5), Nays (0). Donald Maas was Mabusth noted that Council's questi—is the gun club use. present. Zoning Administrator staff had answered all the from the list meeting concerning Councilmember Hammerel moved, Councilmember Frahm seconded, to approve Resolution► #1579, A Resolution Granting A Conditional Use Permit to Municipal Zoning Code Section 34.821 and 32.400. Motion, Ayes (5), Nays (0). Donald Maas asked about the quit claim deed and that if the road was vacated at sometime in the future, would it automatically come back to the gur► club. REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 9, 1984. PAGE 2 LAKE MINNETONKA CONSERVATION DIST. There were no Lake Minnetonka Conservation District comments. Mayor Butler noted the 1984 scheduleof the LMCD and that they are still meeting in restaurants. PLANNING COMMISSION COMMENTS Planning Commission Representative Goetten had no comments. PUBLIC COMMENTS The public present had no comments. A761 DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION Douglas Smith was not present. Councilmember Hammerel moved, Councilmember Adams seconded, to table the Douglas Smith application until the applicant can be present. Motion, Ayes (5), Nays (Q). #802 JOHN MUNSELL 4100 NORTH SHORE DRIVE VARIANCE RESOLUTION #1596 John Munsell was present. #798 NORTH SHORE DRIVE MARINA 3222 NORTH SHORE DRIVE CONCEPTUAL REVIEW OF PROPOSED REZONING Mayor Butler moved, Councilmember Grabek seconded, to approve Resolution #1596, A Resolution Granting Variances to Municipal Zoninq Code Sections 34.452 to permit the construction of a new residence. Motion, Ayes (5), Nays (0). Larry Hork and Bruce Douglas, Hork's attorney, were present. Zoning Administrator Mabusth stated that she had brought the application back to Council for more Council direction. Councilmember Frahm stated that he didn't want to see any more dockage and that he wanted to see more restrictions on the on -land boat storage. Frahm statedthat natural bufferingsshould he a requirement on troth the lakeshore and street side and that hardcover should be controlled. Frahm stated that the R-2 zone may not have all those requirements or controls. Councilmember Frahm stated that if the City just rezones Iiork's property that the City would get pressure from Chaska Marina to rezone their property tiro. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 34.552 - FILE 761 Whereas, Douglas H. Smith (hereafter "applicant") is the owner of a property located at 3237 Casco Circle within the City of Orono (hereafter "City") and legally described as foilows: Lot 1R, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and being part of Government Lot 5, Section 20, Township 117 North, Range 23 West of the 5th Principal Meridiar,, and also indicated on the plat of said Spring Park, (hereafter "property"); and Wher-3as, the applicant has applied to tfe City for ,ariances to municipal zoning code section 14.552 to permit the construction of a new residence on a property that is 16,748 square feet in area or 77% of the minimum area required of 21,7130 square feet or calf acre and the width of the property is 55 feet or 55% of the required 100 feet of lot width. Minnesota: Now, Therefore Be It Resolved by the City Council of Orono, FINDINGS 1. This application was reviewed as zoning file No. 761. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous ints 14; and 17, Spring Park prior to 1967 through 1977 when the applicant purchased the property. Lots 16 and 17 are now legally comt.ined. 4. Section 31.202 of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record meets Pn$ of the require.] lot area and lot width. r,. The City Council ha:, aiw,iys: required that when two mor^ lots are owner', in common, each lot must in1ividliai iy city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of the Zoning Code before the lots can be built upon. 4;. Upon comple►:ion of a 5 month City wide review of the common ownership issue, on December 19, 1993, the City approved a proposed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,74p square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approy. imately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 50 feet. 9. The Orono Planning Commission reviewed this application on October 14, 1983, and a majority of its members recommended appi )val of the variances as proposed based upon the following findings: a) No available land - lots are developed on both sides of proper-v. b) The property is served with sewer and water. c) The proposed house and improvements can be constructed without the need for acjditional variances. d) Applicant purchased property not knowing the existing ordinance limitations on deveiopmen:- of the property. e) Variance is being granted despite the current ordinance de,naiils because Planning Commission a?+ticipAtes resolu- tion and amendment of. the .)rdinance. f.) By grantinq this; variance there will be no negative effect on the public health, safety and welfare. q) By grintinq thi:; variance is is ct�:isistent with the development 9f the .irea. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 h) By granting this variance there should be no need for future hardcover and setback variances. i) The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. j) The conditions do not apply gt.ierally tc other land or structures in the district in which said land is located. k) The granting of the application is ne�-.essary for the preservation and enjoyment of a substantial property right of the applicant. 1) The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect he contrary to the intent of the Zoning Code. m) That the granting of such variances will not merely serve as a convenience to the applicant, but is necec-sary to alleviate demonstrable hardship or difficulty. 11. The minority opinion of the Planning Commission in their recommendation stated that they would have no problem in recommending approval of the proposed variance application if the common ownership issue was resolved by the City and the necessary amendment of the ordirAn^e approved. 11. The City Council considered this application including the findings an�i recommendations of the Planning Commission, repor. : by City staff, comments by the owner and the effect of the proposed variance on the health, safety and welfare of the community. 12. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances would not adversely effect traffic 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 a demonstrable hardship or difficulty; is necessary to preserve a substantial property riynt of the owner; and would be in knvping with the spirit and intent. of the zoning code and comprehensive plan of the City. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1607 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Zoning Ordinance Section 34.552 to permit the construction of anew residence on a property 16,748 square feet in area or 77% of the required 21,180 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width subject to the following conditions: 1. The detached garage located within the right of way of Casco Circle is a nonconforming structure and subject to all pertinent municipal ordinances for nonconforming structures. 2. No other variances are granted or permitted for this structure. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council may not approve any improvement to the property that requires a variance. 4. Authorities granted by this variance run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this variance will expire on that date (February 27, I985). 5. Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and f.hall be punishable as a misdemeanor. r.. The undersigned owner I -as read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, suc--essors and assigns, hereby agrees to the recording )f this resolution in the chain of title of the property. 0 City of ORONO RESOLUTION OF THE CITY COUNCIL Adopted by the Orono City Council on this 27th day of February, 1984. ATTEST: CITY OF ORONO City ClerkMayor Thomas Frahm, Acting Mayor Proper - Owner(s) Property Owner(s) (3) -- - -- —_ - - - - --- - - -- - - -- Property Owners(s) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this �_ day of `� _, 193 , before me a Notary Public within and for said County, personally appeared C known to me tC't10 bd the person(s) cribiTd in an3 who executed TTieToregoing instrument, And acknowledged that he (they) executed the same as his (their) free act and deed. r1� CIND1l ZNDA NOTARY B ICr- --kj d yp1ARV PUSIX. MINNES01A HENNEPIN COUNTY ., hiv CommS901 :•mrm Jan 19. 1990 MY COMMISS ON �XPIRES REGULAR MEETING OF THE ORONO COUNCIL HELD FEBRUARY 27, 1984 PAGE 2 #803 TIN ADAMS 1810 WEST FARM ROAD CONDITIONAL USE PERMIT RESOLUTION #1606 Councilmember Adams stepped down from his Council seat to address the Council as an applicant. Acting Mayor Frahm moved, Councilmember Iiammerel seconded, to approve Resolution #1606, A Resolution Approving a Conditional Use Permit Per Municipal Zoning Code Section 31.700, to permit construction of a -pond. Motion, Ayes (3), Nays (0). Tim Adams returned to his seat as Councilmember. 1�176 �DOUGLAS SMITH 3237 CASCO CIRCLE VARIANCE RESOLUTION #1607 Douglas Smith was present. Acting Mayor Frahm asked what the status of Lots 16 and 17 were. Zoning Administrator Mabusth stated that Lots 16 and 17 are legally combined. Acting Mayor Frahm stated that "Lots 16 and 17 are legally combined" should be added to finding #3 in the Resol ut!i on . Acting Mayor Frahm moved, Councilmember Hammerel seconded, to approve Resolution #1607, A Resolution Grantinq A Variances to Municipal Zoning Code Section 34.552, to permit construction of a new residence, subject to amending finding #3. Motion, Ayes (4), Nays (0). LEASE AGREEMENT LAKEVIEW GOLF COURSE Acting Mayor Frahm moved, Councilmember Adams seconded, to approve the lease agreement for the Lakeview Golf Course handicapped access for elections. Motion, Ayes (4), rays (0). ADVERTISE FOR BIDS HANDICAPPED ACCESS PRECINCT #3 Acting Mayor Frahm moved, Councilmember Grabek seconded, to authorize staff to advertise for bids for the handicap accessibility improvements for the Lakeview Golf Course for precinct #3. Motion, Ayes (4), Nays (0). HENNEPIN COUNTY ROAD 115 REPORT Councilmember Adams announced the Hennepin County Board Meeting on March 22, 1984. t P7 9 To: Planning Commission From: Michael P. Gaffron, Assistant Zoning Administrator Date: November 13, 1985 Subject: #988 James E. Mertes, 3237 Casco Circle - Variance (Renewal) Zoning District - LR-lC (1/2 acre minimum area, 100' minimum width) Application - Renewal Lot ,-Iidth/Lot Area Variance List of Xxhibits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Owners List Exhibit D - Survey Exhibit E - Resolution #1607, Dated February 27, 1984 Exhibit F - Minutes, Documents, Etc. Leading to Resolution #1607 Variances Requested a) Lot Area - Required = 21,780 s.f. 80% Area = 17,424 s.f. Existing = 16,748 s.f. or 77% Variance = 5,032 s.f. or 23% b) Lot Width - Required = 100' 80% Width = 80' Existing = 55' Variance = 45' or 45% This property was granted lot width and lot area variances in February 1984 per Resolution No. 1607 (attached). The variances expired at the end of one year and the owner, Douglas Smith, never submitted a completed and acceptable building permit application. Smith since then has had the property for sale and the current applicant, James F. Mertes, is applying for a renewal variance. This property (Lct 18) was originally owned in common with the two lots to the north (Lots 16 amd 17, which are now combined). As a result of the common ownership study the City changed its policy on common ownership lots in sewered zones, and based on the individual merits of Lot 18, the lot area and width variances were granted. A brief review of the issues, disregarding the previous common owner- ship status, is as follows: 1. I,ot Area is 16,748 s.f. or 77% of the required 21,780 s.f. (half - acre) . 2. Lot width is 35' or 55% of the required 100' width. Zoning File #1988 November 13, 1985 Page 2 of 4 3. The applicant is proposing no variances to the hardcover limita- tion, and feels he can build within the 25% limitation. Note that she previous applicant, Doug Smith, submitted a survey/site plan which showed approximately 40% hardcover, but was never followed up. Note that in order to meet the 25% limit, the house will have to be fairly close to the road and/or the existing garage wi 11 have to be used. 4. The existing garage is non -conforming in that it lies partially within the right-of-way of Casco Circle. The structure is still in good condition and functio--al. If the applicant was forced to remove the garage to a site more conforming on the property, the hardcover would necessarily increase because of the additional driveway needed; perhaps increasing the needed hardcover over the 25% limit. 5. No setback variances are requested for the new construction. 6. City water is in the street but no stub was ever provided to the property, since at the time City water lines were installed, it was not anticipated this lot would be built on. A $580 water unit charge must be paid, and the owner will be responsible for the connection to the City line. 7. City sehe!r is available on the lake side of the property, how- ever, the stub on Lot 18 was used by the house un Lots 16 and 17 according to City as -built drawings, again not anticipating that Lot 18 would become buildable. A new stub and connection would have to be provided by the owner. Note also that the sewer unit charge for Lot 18 will be $1,457 ($225 initial unit charge, $165 for L.S. #6 bypass, $1,067 for L.S. N7 forc:emain, per Resolution i1854). (This amount would be increased to $1,569 if building permit is not applied for by December 31, 1985.) The applicant has not at this time provided a proposed site plan, but is aware of the hardcover and setback limitations of the lot. The Planning Commission is asked to review the findings and conditions of Resolution #k1607, and may wish to incorporate any or all of these findings in a recommendation for approval: FINDINGS 1. This application was reviewed as Zoning File No. 988. 2. The property is located in the I.R-1C Single Fam-Lly Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 17, Spring Park, prior to 1967 through 1977 when thqe applicant purchased the property. Lots 16 and 17 are now legally combined. Zoning File #988 November 13, 1985 Page 3 of 4 4. Section 10.03, subdivision 6 (A) (1) of the Municipal Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regulation, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the requirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City-wide review of the c Ammon ownership issue, on December 19, 1983, the City approved a proposed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width and is approximately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. No available lard - iots are developed on both sides of property. 10. The property is served with sewer and water. 11. A house and improvements can be constructed without the need for additional variances. 12. By granting this variance there will be no negative effect on the public health, safety and welfare. 13. By granting this variance it is conistent with the development of the area. 14. By granting this variance there should be no need for future hardcover and setback variances. 15. The special conditions applying to the parcel of land in question are peculiar to such property orimmediately adjoining property. 16. The conditions do not apply generally to other land or structures in the district in which said land is located. 17. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Zoning File #988 November 13, 1985 Page 4 of 4 18. The granting of the proposed variances will not in any way impair the health, safety, comfort, meals, or in any other respect be c')ntrary to the intent of the Zoning Codc. 19. That the granting of such variances will not merely serve as a con- venience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Any motion for denial would have to make the necessary findings that 15- 19 above are not true. f MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 18, 1985. PAGE 3 Mr. Bauman stated that he felt that the proposed plan conforms with the average setback based on all the area properties. Assistant Zoning Administrator Gaff ron pointed out that the average setback is determined by the two adjacent properties only and, as shown in Exhibit E, does not conform with the average setback. Gertrude Noelting, 1060 Tonkawa Road, was present and stated the proposed pool would be "ugly" from an outside view and felt it would diminish the value of her property. She stated that there is spare to place the pool in another area. Marge Gasch, 1030 Tonkawa Road, was present and stated the pool would encroach upon their sight line and would effect their property value. She invited the Planning Commission to visit her home to view the sight problem. Taylor stated an aesthetic landscape plan should be submitted. Chairman Callahan stated :.hat elevation plan should also be submitted. Commission discussed various options for placement of deck and pool building. The Commission generally felt that the hardcover trade-off variance would not be a problem. There were no other persons present to speak on this matter and the public hearing was closed. It was moved by Chairman Callahan, seconded by Goetten, to table this matter pending landscape, site, pool building, and elevation plans. Motion, Ayes 6, Nays 0. 99Aa JA=B E. MERTES 3237 CASCO CIRCLE VARIANCE PUBLIC HEARINr 8:52 - 9:15 Jim and Ruthmary Mertes were present for this matter. Chairman Callahan explained the request for renewal of a lot width and lot area variance, which was previosly granted to owner, Douglas Smith, in February1984 per Resolution #1607. Doug Smith was present for this matter and stated that the applicant's, Mr. & Mrs. James Mertes, bought this property contingent upon renewal of these variances. Jane & Jack Remien, 3235 Casco Circle, were present for this matter. Jane Remien stated that they were unhappy about this because the lot is too small., as is their lot. MINUTES OF THE PLANNING COMMISSTON MEETING HELD NOVEMBER 18, 1985. PAGE 4 Tom Corson, 3241 Casco Circle, was present and stated that the lot in question was not consistent with the ether lots in the area. He also stated that the existing garage on the lot should be :removed whether the variance is granted or not. Mr. Corson felt that the original variance should not have been granted being this lot is only 54' in width. Jim Mertes stated that they felt the, would not have a problem meeting the setbacks and hardcover requirements. Goetten stated that the entire Casco Point area is a high intense residential area. She noted that the lot size was consistent with the area although it would be one of the smallest lots. Tom Corson stated that they would be making a crowded situation even more crowded. He questioned the initial intent: of the ordinance requiring a 100' lot width. Chairman CiMahan stated that the lot was intended to provide a residence and the hardship is that there is no other adjacent property available. There were no more comments from the public and the public hearing was closed. It was mov(d by Rovegno, seconded by Goetten, to recommend renewal of the lot width and lot area variances noting that the Issues 1-7)and Findings (1-19), prepared by staff, were found to be :sufficient. Motion, Ayes 5, Nays 1. Re1ley voted nay st3tinci it would be overbuilt for lot size. #989 HENNEPIN COUNTY DEPT. OF TRANSPORTATION HEMDRICRSON ACCESS CONDITIONAL. USE PERMIT PUBLIC HEARING 11:40 -11:50 Hennepin County proposes dredging approximately a 20'xl26' wide corridor, removing 4. 5' of lake hotton along the edge of the Hendrickson boat ramp, and constructing a 126' long seawall alcng the sides of the inplace boat ramp. There %ere no persons present regardi:;g this matter at this time. Planning Commissi-n table this matter until the December 16th meeting. #990 WARD FERREL.L 3411-3415 WATERTOWN ROAD VARIANCE PUBLIC HEARING 9:29 - 9:37 Applicant requests lot area/lot width variances to construct homes on two substandard vacant commonly -owned lots adjacent to the exisi.ting residence at 3405 Watertown Road. ZONING FILE NO. 988 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 11/21/85 ---------------------------------------------------------------------- TO: James Mertes COPIES TO: Douglas Smith 25700 Birch Bluff Road 2501 Cheyenne Circle Shorewood, MN 55331 Minnetonka, MN 55342 ---------------------------------------------------------------------- TYPE OF APPLICATION: XX Variance ----------------------------------------------------------------------- Date of Meeting: 11/18/85 Vote: 5 For 1 Against Planning Commission recommends the following: XX Approval: As Submitted NOTES AND SPECIAL CONDITIONS: Planning Commission recommended approval per Items 1-7 and findings 1-19 of the November 13 staff memo, also finding that Item 20 is a renewal variance and the findings of fact in Resolution #1607 are still valid. --------------------------------------------------------------------- Appliccnt's next scheduled meeting is confirmed as: Council December 9, 1985 If the applicant has trouble obtaining additional information, please contact the Zoning Department (473-7357). If you desire certified co ies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. EXp . D MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 9, 1985 #929 LYLE E. RAHN continued Councilmember Frahm stated that he felt this application should be treated as a new conditional vse application not referencing the previous records. It was moved by Councilmem,bcr Hammerel, seconded by Mayor Butler, to adopt Resolution #1892 approving the Conditional Use Permit and Variance for continued use of a guest house as recommended by staff. Motion, Ayes 5, Nays 0. #980 RICHARD M. RBAVENY #982 JOMT C. LAMBIN 3423 SHORELINE DRIVE 3405 SHORELINE DRIVE PRRLININRRY SUBDIVISION CONDITIONAL USE PERMIT AND RNQUEST FOR BUILDING PERMIT COMMERCIAL SITE PLAN REVIEW Upon staff request, it was moved by Mayor Butler, seconded by Councilmember Adams, to table these matters until the January 13, 1986 Council meeting. Motion, Ayes 5, Nays 0. 9986 GBORGE ROVEGNO* 2010 SHORELINE DRIVE VARIANCE/CONDITIONAL U'E eRRMIT RESOLUTION #1893 OF DEWIAL It was moved by Councilmember Frahm, seconded by Councilmember Hammerel, to approve Resolution #1893 denying Mr. Rovegno's request for a variance and conditional use permit for construction of a fence. Motion, Ayes 5, Nays 0. WC9A JAMBS E. MERTES CASCO CIRCLE RENEl1AL VARIANCE RESOLUTION City Administrator Bernhardson explained the request for renewal of a lot area and ltt width variances previously granted in February 1984. Councilmember Frahm stated that applicant should be put on notice that no further- setback variances would be granted to this property. Rosemary and Jim Mertes were present for this matter. Mr. Mertes stated that they have not yet designed a home for the lot but are considering a 2-story 35 foot wide home. Mayor Butler stated that in addition to maintaining the required 10' side setbacks, she felt 20' between the adjacent house and new residence shou Id a 1 so be mai.ntained. Mr. Mertes stated that by maintairing 20' between the adjacent house and proposed home would require him to build a home less than 35' wide as planned. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECE14BER 9, 1985 #988 JAMES E. MERTES continued Council stated that they would like the survey to include the location of the house to the south. It was moved b,., Councilmember Hammerel, seconded by Councilmember Adams, to table this matter until the January 13, 1986 meeting in order to amend the resolution incorporating the 20' setback between homes and pending a survey with location of adjacent house to the south. Motion, Ayes 5, Nays 0. #994 FRANK RORESH 4100 WATERTOWN ROAD CONDITIONAL USE PERMIT RESOLUTION #1894 City Administrator Bernhardson explained the regjest for a conditional use permit for a public riding stable. Representing the applicant's was their attorney, Lou Oberhauser. He noted that the applicant has never rented horses to the public and has had a maximum of 5 full-time employees. He stated that applicant felt that review of the condtional use permit annually was unnecesEary. Zoning Administrator Mabusth stated that the Planning Commission recommended annual review in order for the city to keep tabs on the operation. It was moved by Councilmember Frahm, seconded 1)y Mayor Butler, to adopt Resolution $1894 approving the conditional use permit and variance for a public riding stable subject to the following conditions: 1. The total number of full and part time employees hired by the applicant's to assist in the commercial horse operation shall not exceed the level of 5 employees except. for events covered by a Special Events permit. 2. Horses maintained on property shall not exceed the number allowed per Section 10.27 Subd. CA). Motion, Ayes 5, Nays 0. CITY ENGINEER'S REPORT: CONTRACTOR'S ESTIMATE #5 A.R.I. CONTRACTING INC. It was moved by Mayor Butler, se,-onded by Councilmember Frahm, to approve the Request for Payment #5 from A.R.I. Contracting Inc. in the amount of $35,887.89 for Crystal Bay Sanitary Sewer improvements. Motion, Ayes 5, Nays 0. 4 ZONING FILE NO. 988 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 12/10/85 ----------------------------------------------------------------- TO: James E. Mertes Copies To: Douglas Smith 25700 Birch bluff Road 2501 Cheyenne Circle Shorewood, MN 55331 Minnetonka, MN 55343 ----------------------------------------------------------------- TYPE OF APPLICATION: Variance ----------------------------------------------------------------- Date of Meeting: 12/9/85 Vote: 5 For 0 Against COUNCIL ACTION - NOTION: Tabled: Applicant to provide a survey showing the location of the adjacent house to the south. General feeling of the Council is to require a 20' setback from the neighboring house. We have such a survey on file (copy attached, showing 20' setback line). Your application will be automatically scheduled for the January 13th Council meeting. Please call Mike Gaffron (473-7357) if you have any questions. ----------------------------------------------------------------- If you desire copies of the official Council minutes, they al-e available from the City Recorder or City Clerk after review and approval by the City Council. To: Mark Bernhardson, City Administrator From: Jeanne A. Mabusth, Zoning Administrator Date: January 6, 1986 Subject: Review of Variance Applications 1983-85 1. Approvals that required more restrictive lot standards in application dealing with substandard lot widths. 2. Approvals that would require more restrictive standards than zoning code. 1. In review of the current variance files dealing with substandard lot widths, I can find nothing in the conditions of approval that would have placed more restrictive setback standards for a given lot. In the 1980 Lorge application in- volving sewered lots in common ownership, Council did consider establishing more restrictive setback standards for the undeveloped lot in order to offset the substandard side setback of the developed lot. The Lorge application was denied and the Courts in reversing Council's directive never required the more restictive side setback but in fact the house has been placed 23 +/- feet from the Kane residence. In another common ownership application in 1982, William Smiley, Council asked that common owner realign the shared lot lire because the existing house was less than 10 feet from shared lot line. In variance applications involving commonly owned lots where setback standards are substandard on developed lot, it would appear Council asks for lot line rearrangment subdivisions rather than ask for the more restrictive setback. In lot width variance applications dealing with individual/separate lots, the City has not asked for more restrictive setbacks to offset substandard development on adja- cent lots. 2. In reviewing all variance applications sinc.- 1983, I can finct no condition of approval that would establish more restrictive standards over the minimum standards set _'orth in zoning code. The trend has been to establish a less restrictive framework for development to take place. TO: City Council FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 7, 1986 SUBJECT: #98 E. Mertes, 3237 Casco Circle - Vari, newal List of Exhibits A - Survey Showing a-Ijacent house to the south B - 20' setbacks constraints (sketch) C - Revised resolution D - Minutes of 12-9-85 Council Meeting E - Mabusth memo 1-6-8t F - 12-3-85 staff memo and exhibits This item was tabled by Council on December 9, 1985 so that a survey showing the adjacent house to the south could be provided, and to revise the proposed resolution by stipulating a 20' setback between the Mertes construction and the house to the south. Exhibits A and B show the effect of this restriction. Nute also that a further condition has been placed ire the resolution, that the property owner is responsible for the costs of sewer and water connections, including the creation of stubs where necessary. Applicant requested that staff review other previous applications similar to his regarding the more restrictive setback. Per Jeanne Mabusth's memo of 1-6-86, the City has not placed this type of restriction on similar properties in recent history (1983-84-85). Note on the survey I have shown the customary location of the average setback line. Applicant requests that this survey become an exhibit to the resolution so that there is no question later on. 1 I City of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 1904 A RESOLUTION GRANTING A VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #988 WHEREAS, James E. Mertes (hereinafter "the applic n*") has an interest in the property located at 3237 Casco Circle withii the City of Orono (hereinafter "City") and legally described as follow.-: Lot 18, Spring Park, also all the land including the vacated highway, Lake Shore Drive, lying between the Northeasterly line of said lot and the shore of Lake Minnetonka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake snore, and being part of Government Lot 6, Section 20, Township 117 North, Range 23 west of the 5th Principal Meridian, and also indicated on the plat of said Spring Park, (hereinafter "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property that is 16,748 square feet in area or 77% of the minimum area required of 21,780 square feet or half acre and the width of the property is 55 feet or 55% of the required 100 feet of lot width. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File 0988. 2. The property is located in the T,R-1C Single Family Lakeshore Residential Zoning District. 3. The property was in common ownership with contiguous Lots 16 and 17, Spring Park prior to 1967 through 1977 when the current owner, Douglas Smith, purchased the property. Lots 16 aid 17 are now legally combined. 4. Section. 1U.03, Subdivision 6 (A) (1) of the Municipc�: Zoning Code provides for development of lots of record held in separate ownership since prior to the effective date of the zoning regula- tion, provided a lot of record meets 80% of the required lot area and lot width and has municipal sewer available. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 5. Prior to December 19, 1983, the City Council always required that when two or more lots were owned in common, each lot must individually meet or exceed the requirements of the Zoning Code before any of the lots can be built upon and that two or more substandard lots owned in common must be combined so that the resulting combined lot meets the rquirements of the Zoning Code before the lots can be built upon. 6. Upon completion of a 6 month City wide review of the common ownership issue, on December 19, 1983, the City approved a pro- posed amendment of the municipal code that would permit all substandard undeveloped lots within the sewered areas of the City regardless of the ownership of these lots, the same standards for review. 7. The property is 16,748 square feet or 77% of the required area. The property is consistent in area with 7 other developed lots within a total developed neighborhood of 33 lots. 8. The property measures 55 feet in lot width anu- is approxi- mately 5 feet short of the narrowest lots in the 33 lot Casco Circle neighborhood at 60 feet. 9. The Orono Planning Commission reviewed this application on November 18, 1985, and a majority of its members recommended approval of the variances as proposed based •ipon the following findings: A) No available land - lots are developed on both sides of property. B) The property is served with sewer and water. C) A house arl improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the put -lie health, safety and welfare. E) By gran'inq this variance it is consistent with the development of ',:he area. F) By granti!,q this variance there should be no need for future hardcover and setback variances. G) The special conditicns applying the parcel of land in question a,_e peculiar to such property -r immediately ad- joining property. Page 2 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 H) The conditions do not apply generally to other land or structures in the district in which said land is located. I) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. J) The granting of the proposed variances will not in anyway impair the health safety, comfort, morals, or in any other respect by contrary to the intent of the Zoning Code. K) That the granting of such variances will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. 10. This application is a renewal of variances granted on February 27, 1984, and the findings stated in that approval resolution (No. 1607) were acceptable at that time and are still valid. 11. .he City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variances on the health, safety and welfare of the community. 12. 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 z-ning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of t'le appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.25, Sub- division 6 (B) to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (112 acre) and with a lot width of 55 feet or 55g of the required 100 feet of lot width subject to the following conditions: 1• The detached garag- located within the riqht-of-way of Casco Circle is a non -conforming structure, and subject to all pertinent municipal ordinances for non -conforming structures. Page 3 of 6 city of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1904 2. The only variances granted with this approval are lot area and lot width. No other variances are granted. 3. Applicant is hereby advised that in approving the development of this substandard property that all future improvements must meet the current standards of the code and that a future Council might not approve any improvement to the property that requires a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that the building permit is issued. 5. The property owner shall bear all costs of connection to the municipal sewer and water, including the installation of new stubs to serve the property, if required. 6. Applicant is allowed to remove the one fallen willow tree at the lakeshore, but removal of the three standing willows is not approved at this time. 7. Side, street, and lakeshore setbacks are ap, roved per the attached survey (Exhibit A). 8. Authorities cranted by this variance run with the property not the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance wi 1 1 expire on that date (January 13, 1987). 9. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a viol,-�tion of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. The undersigned applicant has read, understood and hereby agrees to the tel.ns of this resolution and on behalf of himself, his heirs, successors and .-assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 city of oR,olvo RESOLUTION OF THE CITY COUNCIL NO. 1904 Adopted by the Orono City Council on this 13th day of Jan ary, 1986. AT T : rothy M. al in, City Clerk Tim Adams, Acting Mayor Property Owne px- oRe rft Owner Page 5 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1904 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of _A4nJ -.'k.4_L-/ 1986 before me a Notary Public within and for said county, personally appeared >>E _ /2��-e t E known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. GOV ��" .t`���t ENNE E,pva H STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC -JL ti i-- /,/, /?C1W1 1 MY COMMISSION EXPIRES On this �,t'� J X day of E;G/;� 1/%�, 1986, before rre a Notary Public wi . in apd for said County, , personally appeared known to me to be the person(s}-describe in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . , AL;^;c J NICHOLAS NOTARY PUBLIC'M1104ES01A HENNEPIN CUUNTY *r MY COmm's"" EW,es hn 9.1992 VV W V Wv�v�.vyyW�ti'1tiNW WNM�. V W � NOTARY PURtIC F MY COMMISSION EXPIRES Page 6 of 6 W. drown Viand Surveying? Inc. 501 West 78th Street WOODROW A. BROWN, A.L.S. Bloomington, Minnesota 55420 President (612) 881-0047 RESOLUTION 1904 LAKE SURVEY FOR: SUMMIT BUILDERS MINNETONKA ELEV. FE8.27,1985 59.0 PROPERTY DESCRIPTION ti0 Lot 18, and that part of vacated 4 �"� o� , `''tC Ai Lake Shore Drive lying in Lot IS .; SPRING PARK ADDITION, according `\` �o�� to the recorded mat thereof, L',c \ bpi Hennepin County, nesota orFo c,k f a y �0 SOL. No. ' � O SCALE: 1''■ 40' V A0p•\� O • IRON MON. \hO il�h, ti O v \ p 1~ / ,fit' / •• , �� �0 b ?A4P QvsG♦' •' 6 �' E� O 9�h i le / �: • ::. ;.. NOTES �g (91.5) Denotes Proposed Elevat%1< e'D 89.7 Denotes Existirg Elevation Proposed Garage Floor Elevation= 92.0 s 1�) Proposed Top of Block Elevation- 92.4 Proposed Basement Floor Elevation=84.4 oP'�` SS.�?�ti Proposed Walk out Elevation= 84.4 GENC!{MARK: Spike in Power Pole at N.W. Cor. of Lot 18 - 100.00 h' I hereby certify that this sketch plan or report w.is prepared by me or under my direct supervision and that I am a duly registered land surveyor under the laws of the State of Minnesota. 1 Date: March 4, 1985 Rey. No. 15230 PE2Ti ,N Tv �1iiE Af'�i�0 (_ R(,visad I -January 10^86 ( kA#J-rt7t, AN f t S o (. L4T-/ O n-) # `i C� - - _ MO 6-85 7/37 (ROU'.f Ar"b- enNF1A14.CA'rl(+n.) 9-01L11-Cr " GMAt�6c` /N �+ <<_OrtLAN� t'� W TN C l7 61 NA.6fDcc+vrAL ItEda tie!" M�►AJ�=, STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a eating of said City Council held on January 13 . 19 8% , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. 27thn Witness whereof, 1 hateb�ual�nto set my hand and Real this day of , 19 6tothy M,iJFTallin; City Clerk (SEAL) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #983 WALTER H. PEMBERTON 3580 NORTH SHORE DRIVE VARIANCE RESOLUTION #1903 City Admini gyrator Bernhardson explained the request to remove an existing cabin and replace with a new home and tuck -under garage, which requires a lot area ;nd lot width variance in addition to hardcover, side setback, and average setback variances. Assistant Zoning Administrator Gaffron explained the proposed plan and Planning Commission's recommendations. He noted that the hardcover variance in the 0-,j' would be a maximum of 20% with 23' encroachment of structure within the 75' setback. Councilmember Hammerel felt that anything on this property would be an improvement. Walter and Marilyn Pemberton were present for this matter. Mr. Pemberton noted that the adjacent neighbors, Fegers, were in support of the proposed plans. It was moved by Councilmember Grabek, seconded by Acting Mayor Adams, to adopt Resolution #1903 granting variances as submitted. Motion, Ayes 3, Nays 1. Councilmember Frahm voted nay stating there was too much hardcover. i98 AMBS E. MERTES CASCO CIRCLE VARIANCE RESOLUTION #1904 Applicants James and Ruthmary Mertes were present for this matter. Also present werQ Douglas Smith, current owner of the property and his attorney, Jeff Brauchle. City Administrator Bernhardson explained the request for a renewal of lot area and width variance. He noted that this item was tabled at the December 9th Council meeting pending a survey showing the location of the adjacent house to the south and the revision of the proposed resolution stipulating a 20' setback between the Proposed house and the house to the south. Attorney Jeff Brauchle stated that he found no o.dinance which requires a 20' setback between the houses and felt the applicants should not be burdened because the adjacent hOLISe is only 6' from the lot line. He noted that this is an important issue because it aeffects the size of house that can be built. tie toted that he ro MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1986 #988 JAMES E. MERTES continued didn't feel it war legal or fair. City Attorney Barrett stated that it was their opinion that Council has the authority to impose this condition per Section 10.08 Subdivision 3 because the applicant is seeking a variance. Assistant Zoning Administrator Gaffron noted another request for consideration by applicant to remove a dead willow tree by the lakeshore in addition to removal of the other three willows because they are messy trees, and replace with some other trees. Warren and Christine Bielke, 3241 Casco Circle, were t3resent and stated that they strongly oppose the building of a house on this substandard lot as do their neighbors. They also expressed concern regarding the plans for the existing garage on the property. Council advised the Bie lke's that they grant lot area and lot width variances to lots that are similar in size with the neighboring lots. Mr. Mertes stated that they plan to leave the garage as is but re -side to match proposed house. Councilmember Frahm stated that he would like to see the house plans not just a building envelope. Mr. Mertes stated that they did not want to invest the expense involved in designing a house until the lot area and lot width variances were granted. He assured the Council that it would conform with their code and be a nice house for the area. It was movtcl by Councilmember 11ammerel, seconded by Acting Mayor Adams, to adopt Resolution #1904 approving the variances, amending the drafted resolution to eliminate condition #1 requiring 20' house to house setback; approve the rew-vat of the or dead willow tree; and that the survey would become an exhibit to the resolution. Motion, Ayes 4, Nays 0. #989 HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION* HENDRICKSON PUBLIC ACCESS CONDITIONAL USE PERMIT RESOLUTION #1905 It was moved by Councilmember Frahm, seconded by Councilmember HammereI, to ariopt Resolution #1905 approving a conditional use permit for installation of a seawall at the Hendrickson Public Access. Motion, Ayes 4, Nays 0. 8 ZONING FILE NO. 988 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice 1/21/86 ------------------------------------------------------------------ TO: James Mertes Copies To: Douglas Smite: 25700 Birch Bluff Rd. 2501 Cheyenne Circle Shorewood, MN 55331 Minnetonka, MN 55343 TYPE OF APPLICATION: Variance -------------------------------------------------------- Dw.te of Neeting: 1/13/86 Vote: 4 For 0 Against COUNCIL ACTION - NOTION: To approve per attached Resolution as revised (see "condi-tions" section). Property owner(s) should arrange to sign the 3 original Resolution copies in the City Offices (Monday -Friday 8:00-4:30). VARIANCE J,PPROVAL is limited to the extent shown on approvea plans. Do not z.;.ange plans. Variance authority expires one year after approval. If you desire copies of the of f icia 1 Counci 1 minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council.