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Home My WebLink AboutProject PacketCITY OF ORONO —VARIANCE APPLICATION Init lira 0.00 ($50.00 per each additional variance) enewai` ar ance Fee $75.00 (no change from original application) Arter-the-ract Feeq tuouble application fee) --------------------------------------------------------------------------- PROPERTY LOCATION Site Address 3 23"7 G4sao C4*-4 . Property Identification Number (P.I.D. ) a3 N� oo l3 Please check one - Is the property abstract or torrens? Please attach legal description to application if not included on required survey. --------------------------------------------------------------------------- APPLICANT 4- - 3 7 S--/G O (. Name .3 Ames E. 104'z e s Phone `f 7 `i- 227 z Mailing Address 2S-7&0 8iw4.W- Bµtfc /14s , SE.Ie, •-�ocr� JWA/ 5-S3-%/ --------------------------------------------------------------------------- OMAER Name 4eA_w_ Phone SAVMAC- Mailing Address 5Arr---tr Date Property Acquired _ (month,/year) I (do) (do no also nwn the adjacent parcels of land. ------------ ------------------------------------------------------- PR]W3W USE OF PROPERTY Present Zoning District kk - / C_ Present Use of Property Residentia Other (specify) --------------------------------------------------------------------------- DUSCRIPTION OF REOUEST Estimated Construction Cost $ Describe request in detail: i rlaQ770^J o-wz o t. w-Co ly --------------------------------------------------------------------------- "U"CEs REQUIRm _ Lot Area _�_ Lot Width Hardcover Setback Variances ( Front Side Other Rear) HARDSHIP Desc-ibe undue hardsh'F or practical difficulty resulting from strict enforcement of zoning regu-.ttions: I /V A61 t- pry' TU S e-L L ANSen+T yo/+. *F_ RAFS u c"L / N D 41_tyS .41� CD r� e�.+ c-esI•e t+u T C� F e rnn� sT'ri� c� _'o �: OF- A-*_n� -------------------- -------------------------------------------------------- DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Rr i;.!.:.rements : 5 Re'✓/ous Pt�ea-r-7D REQUIRED SUBMITTALS /1. Completed Application Form Z. Certified Property Owners List of owners within 15J' (you can obtain this list from Henrepin County Department of einance A-603 Govt Center // 348-3271). ✓3. Stamped, legal sized envelopes k#10) pre -addressed to each of the names on the above list with no return address. V/4. Certificate of survey including hardcover calculations as required. ,A . 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 certifies that the information supplied is true nd correct to the best of his/her knowledge. Applicant's Signatures Date OWNERS SIGNATURE The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and C ncil members for purposes of investiga- tion and verifi C!iti of thi q st. i Owner's Signature Date Applicant mub,: have all submittals into the City ufficc.c ?s clays before the Planning Commission Meeting. Planning Commission Meetings are third Monday of each month. 1162 161�1. + r I � :.. s. \� a• •1 ��. �1 �i 159 J1 165166 �� Qi. v e a7 3 7�� V 67vs� IV' f �•l 3 O s•� ' � SS r r 1440> n '•' � fi s 169 • -� 7 In a• 170' Q<V' .� 'vl,�gti ol • ``'J 5� r;,�t S3 5sh9 �L i • KT f 2� : ia��"•' �JP f�01 17 p �� - �� s 6 ;c SO ..- 10 1, 1 .• �r c': IV oa 59 Jill Y✓1 ` y :�:s\ ,e o ~4. �, /' �� . (mil a •- '� Ol 26 1� '' ` r7. yZIS of i. � l lad •, � s � � 29 65V ia1Gi31 i• i 6 \ $ G� 32 , L 1� o'�— a 3 ` `33 _ 39 35c .'3 45 44 C71 3 I42 .Z8 3y1r136 ys� G.�►.M l;�i- I NUN, - 9� 11983 �= CITY OF ORONO"� m � o �c L.n Q� e RUN DATE 10/16/85 BATCH 001 38 23-117-23 43 0010 PROP ADOR 03243 CASCO CIR OWNER NAME JAMES H RICHARDS i WIFE TAXPAYFR DAMES H RICHARDS NAME.*ODR 3243 CASCO CIRCLE f ORCNO MN 55391 38 20-117-23 43 0015 PROP ADOR 03233 CASCO CIR O".BiER NAME D M SPILSETH A P 0 SPILSETH TAXPAYER DAVID M SPILSETH NAME/ADOR 3233 CASCn CIRCLE W — ZATA 11, 55391 38 20-117-23 43 0050 PROP ADOR 03241 CASCO CIR OWHEP NAME T R S CORSON TAXPAYER THOMAS R 3 SHERRY A CORSON N1ME/ADDR 3241 CASCO CIR ORONO MN 55391 HENNEPIN COUNTY PROPERTY INFORMATTON SYSTEM PROPERTY OWNERS LIST 38 20-117-23 43 0613 DOUGLAS H SMITHN DOUGLAS H SMITH /• 3203 E CALHOUN PKWY MPLS MN 55408 HENNEPIN COUNTY PINS SYSTEM RUN DATE 10/16/85 REPORT NO PI434BUI 38 20-117-23 43 0016 03231 CASCO CIR K D HANSON t S K HANSON K•-TH D i SANDRA K HANSON 3231 CASCO CIRCLE WAYZATA MN 55391 TOTAL BATCH 001 00007 REPORT NO. PI615401 PAGE i 38 20-117-23 43 0014 03235 �;ASCO CIR C JACK REMIEN JR ETAL JACK C REMIEN JR 3235 CASCr -IRCLE WAYZATA MN 55391 38 20-117-23 43 0031 THE CASCO CO THE CASCO COMPANY ROCFRT 0 MACNIE 3135 CASCO CIR WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PR�ERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. / j - !' DATE 1011 BY �-4 CITY OF ORONG NOTICE The Planning Commission will hold public hearings in the Counci_ Chambers at 1275 South Brown Road on Tuesday, January 20, 1987, on the matter of the following Land Use Applications: 1. #1098 C. Wayne Leveane of 360 Wakefield Road has applied for a conditional use per t to allow the installation of a pond. 2. #1099 Caro_ynne Hib`-)s of 2765 Fox Street seeks a front/street setback variance to permit construction of a two story deck. 3. #1100 Michael Plank of 4145 Watertown Road has applied for a conditional use permit to allow construction of a guest Louse. 4. #1101 -James E. Mertes the owner of an undeveloped priperty located at 3237 Casco Circle has applied for a renewal lot area and lot wilth variance to permit construction of a new residence. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Commission Jeanito A. Mabusth, Building & Zoning Administrator To be published the week of January 5, 1987. • The PlafwWp Commission will hoo pub' : allied tpa in the Counci Chambers at 1276 South Grown P, ad on Tuesday, January 20 1987, on the r fitter of the 'ollowir - Land Ur- Ap* cationsi: 1 1096 C WavN _ev, am of 360 Wskelield Ro-d ha appiled tot a conditions! use permit to i allow the MtefaNstion of a pored. 2 1099 Caroynne Hibbs of 2766 Fox Street seeks a front/street setback variartos to PeimN Construction of a two story dark. 3. 1100 h4chasl Plank of 414b Wneitown Road has applied for a conarional ues permw . allow Construction of a guest house. 4. 1101 James E Memos the owner of an developed Property located at 3237 Caeca :a- j cle has awned for ■ renewal int area and W width variance to permit construction of a now residence AN persona wfUtiny to be heard will ipper at this time. written comments are solicited Plaits ra avaliaWe fur re,'" In tho City offices, by ..ppointment. CIt• ' Orono By fining Commission Jenne A. Mabusth• Building 6 Zortlrip Administrator )Pubfished the week of Jan 6, 1997 In The Lak- i er and Pioneer) Affidavit of P iblication State of Minnesota, r inty of Hennepin. Bill Holm, being duty swoni, on oath says that h,: is n authorized agent and empluyee of the pub:isher 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 p ovided by Minnesota Statute 331A.02, 331.A.07, and other applicable laws, &A amended. B.) The printed 1L -1 - which is attached was cut from the columns of saicli newspaper, and as printed and published once each \`• t \ week for successive weeks: J It was first published Tuesday, the _ day of _ �%._.._-- -., 19• and was thereafter printed and published every, Tuesday, to and including Tuesd the day of _ . 19__ Authorized Agent bubscribed and sworn to me on f its day of N,,V5V' _ , - 9 JY/;' , By. Notary Public CARVtX W h+ liras tnsa f� AML J.: a�:. Rate Information (1, Lowest classified rate paid by conimercwl users for carpi arabie space S7 84 per inch. 12) Maximum r'te allowed by low for above matter $4 54 rer nor, (31 Hate actuary charged for above matter $4 54 per ich Each additional buccessive week S3 03 per )c•i (!ERTIFICATB OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice oZ Public Hearing concerning the matter of #1101, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 5th day of January, 1987. Jam' Bosma ClIN Sc c� [saw 7 JM - 7 ro'T 3:ober n e Wz 13 as Cir. ata 3 1 1W)F57'101 f) I/05/R; RETI IF'N 1-11 SFUr+-R Off Ff*IPWARDTOG ORDER ON FTLE IINABLE TO FnRWAPD ()I- ORONO Thomas & Sheri y Corson 3241 Casco Cir Wayzata, MN 55391 I.. OR 4 1. IWO571BIRETURN Tn GENDEF JM - CnR,;nti /425 CO RD 15 MOUND MN 55364 q6 PETURN TO SENDER W. 11rown_Lan burveyin , Inc. . 501 West 78th Street Bloomington, Minnesota 55420 IIESOLUTION 1904 (612) 881-0047 SURVEY FOR: SUMMIT BUILDERS WOODROW A. BROWN, P.LS. President LAKE \\ MINNETONKA ELEV. FEB.27,1985 �.\ 5 9.0 PROPERTY DESCRIPTION ti Lot 18, and that part of vacatedAj Lake Shore Drive lying in Lot 18 SPRING PARK ADDITI01, according to the recorded Qa.c thereof, V4C4 r 6� Hennepin County, nesota a 4 4 ke 0,z.. ' ExHiarr A 41, Q{ tic VIF sy t c� rP O SCALE I"= 40' / O , j Off\ NX `0 /4b Ix O a IRON MON. Q 4F'cr 10 .� ��i`• ,hh Pik. R Q 00`�' �O 4 ' 4*1 NOTES 5 ;�+� P (91.5) Denotes Proposed Elevat9ol► �0�r� 89.7 Denotes Existing Elevation �o r a } / /_ Proposed Garage Floor Elevation= 92.0 S aJ j. tom) Proposed Top of Block Elevation= 92.4 do 0A .�. Proposed Basement Floor Elevation=84.4 o;o 0 o/ Proposed Walk out Elevation= 84.4 `�Zj�4�. �o • DPP BENCRIARK: Spike in Power Pole at N.W. Cor. of Let 18 a 100.00 h I hereby certify that this sketch plan or report ,�` \ was prepared by me or under my direct supervision N�—� \ �o and that I am a duly registered land surveyor under the laws of the State of Minnesota. to PR�POst'G DwELL�r�C� A.5 S kav3 ttoE ►•,oT ��-- �� f E2TAIN Apr'r2n Date: March 4, _1985 Reg. No. 15230 L Revised : January jq_._ 1986 w0. 6-85 1/31 000-Ir A"t� . -DrtlYCt-sA,1 <vNFI4w.e.A'r10&J Swr-llbt_ir' TO GN4t�s�" /N r'1' 6,fLAhat e— wI7W C-ir I HAst r. crycov- let:a KtMC'nJ1'', To: Orono Council Members From: Michael P. Gaffron, Assistant Zoning Administrator Date: December 3, 1985 Subject: #988 James E. Mertes, 3237 Casco Circle - .'ariance (Renewal) Zoning District - LR-lC (1/2 acre minimum area, 100' minimum width) Application - Renewal Lot Width/Lot Area Variance List of Exhibits Exhibit A - Application Exhibit B - Plat Man 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 Exhibit G - Planning Commission Minutes of 11/18/85 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 E. Mertes, is applying for a renewal variance. This property (Lot 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 let area and width variances were granted. A brief review of the issues, disregarding the previous common owner- ship status, is as follows: 1. Lot Area is 16,748 s.f. or 77% of the required 21,780 s.f. (half - acre). 2. Lot width is 55' or 55% of the required 100' width. Zoning File #988 December 3, 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 the 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 will 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 cindition and functional. 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 di,,eway 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 ' he 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 f-r the connection to the City line. 7. City sewer is available on the lake side of the property, how- ever, the stub on Lot 18 was used by the house on Lots if and 17 according to City as -built drawings, again not anticipating that Lot 16 would becoiae 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 bynass, $1,067 for L.S. 47 forcemain, per Resolution #1854). (This amount would be increased to $1,569 if building permit is not applied for by December 31, 1985.) The applicant has not provided a proposed site plan, but is aware of the hardcover and setback limitations of the iot. The Planning Commission reviewed this application at their November meeting and recommended approval (5-1 vote) of the lot width and area variances based on the following findings and conditions: FINDINGS 1. This application was reviewed as Zoning File No. 988. 2. The property is located in the LR-1C Single Family Iakeshore 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 and 17 are now legally combined. Zoning File #988 December 3, 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 arPA 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 common c.wnership 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 Circlt neighborhood at 60 feet. 9. No available land - lots are developed on both sides of property. 10. The property is served with sewer and water. 11. A house and improvements can h- instructed without the need for additional variances. 12. granting this variance there .ill be no negative effect on the publl_ health, safety and welfare. 13. By granting this variance it is consistent 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 or immediately 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 December 3, 1985 Page 4 of 4 18. The granting of the proposed variances will not in any way impair the health, safety, comfort, morals, or in any other respect be contrary to the intent or the Zoning Code. 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. 20. This application is a renewal of variances granted on February 27, 1994, and the findings stated in the approval resolution (Resolution No. 1607) were acceptable at that time and are still valid. Staff recommends the following conditions a appropriate: 1. The detached garage located within the right-of-way of Casco Circle is a non -conforming structure and subject to all pertinent municipal ordinances for non -conforming structures. 2. The only variances granted with this approval are lot width and lot area. 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 improvements to the property that require a variance. 4. Applicant shall pay the appropriate water unit charge, sewer connection fees, and park fee at the time that a building permit is issued. A resolution for approval is attached for Council's review. Suggested Moti n: approval of lot area and lot width variances in order to construct a residence on property located at 3237 Casco Circle per the resolution drafted by staff. Motion: � Seconded Vote: For Against TO: Mayor Butler Mark Bernhardson, City Administrator Orono council Members Planning Commission Members FROM: Michael P. Gaffron, Assistant Zoning Administrator DATE: January 7, 1987 SUBJ: #1101 James E. Mertes, 3237 Casco Circle - Variance Renewal - Public Hearing List of Exhibits - A - Application B - Plat Map C - Property Owners List D - Survey E - Resolution #1904 F - Staff memo of 12/3/85 Application - Renewal of Lot Area/Lot Width variances granted per Resolution #1904 dated 1/13/86. Pertinent Facts - Required Existing Variance Lot Area: 21,780 s.f. 16,148 s.f. 5032 s.f. or 23% Lot Width: 100' 55' 45' or 45% Previous approvals require that development on this lot meet all setback, average setback, and hardcover standards of the Lit-lC zoning district. Discussion - The applicant has been unable to sell his residence in Shorewood and hence has not commenced construction of a new reside on Casco Circle. The variance approval expires on January 13, 1987. Applicant anticipates construction will commence in 1987, hence a variance renewal is requested. No changes are requested from the previous approval. Please review the attached exhibits. Staff recommends approval per the findings and conditions previously approved in Resolution "1404. 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 `-he applicant") has an interest in the property located at 3237 Cascc.> Circle within the City of Orono (hereinafter "City") and legally described as follows: 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 shore, 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 appiicant 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 ith. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #988. I. The property is located in the LR-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 Sm;.th, purchased the properLy. Lots 16 and 17 are now legally combined. 4. Section 10.03, Subdivision 6 (A) ( 1 ) of the Municip .1 coning Code prov4.des 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 ORRONO 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 Zoninq 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 and is approxi- mately 5 feet short of the narrowest lots in the 33 lot Casc( Circle neighborhood ut 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 upon the following findings: A) No available land - lots are developed on both sides of property. B) The property is seived with sewer and water. C) A house and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, safety and welfare. E) By granting this variance it is consistent with the develorment of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or 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 Prop rty right of the applicant. J) The granting of the proposed variances will not in anyway impair the health safety, comfort, murals, 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. The City Council has considered this application including the findings arid recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed variances on the health, safe�y any' welfare of the community. 12. The City Council finds that the conditions exi-ting on this property are peculiar to it and do not apply generally to other property in this zoning 6istrict; that granting the variances would not adversely affect traffic conditions, 1-ght, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLU£IONS, 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 bquare feet in area or 77% of the required 21,780 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 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, i` 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 approved per the attached survey (Exhibit A). 8. Authorities granted 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 will 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 violation 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 terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 1904 11 Adopted by the Orono City Council on this 13th day of Jan Try, 1986. AT T: rothy M.KTal in, City Clerk Tim Ada y , Acting Mayor �, Property Owne er1kv Owner Page 5 of 6 " MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 #1100 PLANK CONTINUED Mr. Plank felt existing driveway. there were problems with using the Chairman Kelley stated that Planning Commission may have no problem granting the temporary guest house use, but recommended that the future access be resolved before submitting the application to Council. Staff and Planning Commission recommended that after the house is moved to the site, applicant must use access from present drive. There were no other comments and the public hearing was closed. It was moved by Hanson, seconded by Taylor, to recommend approval of the conditional uoe permit for a "temporary guest house use" for a period of 1 year per staff recommendations and subject to the following conditions: 1. Temporary permit obtained to fill in the ditch (needed for access to move house in) for a period of time set by the Public Works Coordinator. 2. Af ter 6 months a 1 1 access must be made f rom the existing driveway for reconstruction of new house. 3. Subdivision application proceedings be initiated within 1 year. Mo-f n, Ayes 4, Nays 0. \l �1101 JAM3S E. MERTBS RENEWAL VARIANCE PUBLIC HEARING 10:29-10:32 The Affidavit of Publication and Certificate of Mailing was noted. Mr. & Mrs. Jim Mertes were present for this matter. Assistant Zoning Administrator Gaffron explained the request for renewal of lot area/lot width variances granted previously on 1/13/86. No changes are requested from the previous approval. Ar. Mertes explained that because he has been unable to sell his Shorewood residence he has not been able to commence construction of a new residence on Casco Circle. He anticipates that construction will begin in 1987. No one was present from the public regarding this matter and the public hearing was closed. 13 • 41' MINUTES OF THE PLANNING COMMISSION MEETING HELD JANUARY 20, 1987 9,^A #1101 MERTES CONTINUED It was moved by Taylor, seconded by Chairman Kelley, to recommend approval of the variance renewal as presented. Motion, Ayes 4, Nays 0. ZONING AMENDMENT - FERFORMANCE STANDARDS FOR NON -RENTAL/ GUEST APARTMENTS WITHIN PRINCIPAL RESIDENCES - SECOND REVIEW Assistant Zoning Administrator Gaffron reviewed the proposed amendment per the Planning Commission's direction at their November meeting. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of the zoning amendment as presented. Motion, Ayes 4, Nays 0. PLANNING COMMISSION REPRESENTATIVE Chairman Kelley was appoint+2d to at*end the February 9, 1987 Council meeting. APPROVAL OF MINUTES It was moved by Hanson, seconded by Chairman Kelley, to approve the Minutes o; the November 17, 1986 planning Commission meeting as submitted. Motion, Aye: 4, Nays 0. ADJOURNMENT 11:00 P.M. The Planning Commission meeting adjourned at 11:00 P.M. 14 ZONING FILE NO. 1101 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 1/22/87 --------------------------------------------------------------------------- TO: COPIES TO: James E. Mertes 25700 Birch Muff Road Shorewood. MN 55331 --------------------------------------------------------------------------- 77PE OF APPLICATION: Variance ---------------------------------------------------------------------------- Date of Meeting: 1/20/87 Vote: 4 For 0 Against Planning Commission recommends the following: Approval: As Submitted NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: Council Feb. 9, 1987 If the applicant has trouble obtaining additional information, please contact the Zoning Department. (473-7357). If you desire certified copies of the official Planning Commission minutes, they are available from the Cioy Recorder after review and approval by the Planning Commission. TO: Mayor Grabek Mark Bernhardson, City Administrator Orono Council Members FRO!!: Michael P. Gaffron, Assistant Planning & Zoning Administrator DATE: January 22, 1987 SOBJ: #1101 James E. Mertes, 3237 Casco Circle - Variance Rene,,ai - Resolution List. of Exhibits - A - Staff Memo and Exhibits of 1/7/87 B - Proposed Resolution The applicant is requesting renewal of a lot area/lot width variance originally granted on 1/13/86. Please review the memo and exhibits of 1/7/87. Planning Commission recommended 4-0 to approve a renewal of the variances granted per the findings and conditions of Resolution #1904. Staff recommends approval per the attached resolution. PROPOSED MOTION: Moved by _, seconded by __, to approve James E. Mertes' request for a renewal of variances previously granted to permit the construction of a new residence on a property 16,71,6 square feet in area or 77% of the required 21,780 square reet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width. Motion, ryes _, Nays _ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2123 A RESOLUTxON GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 (B) FILE #1101 WHEREAS, James E. Mertes (hereinafter "the applicant") has an interest in the property located at 3237 Casco Circle within the City of Orono (hereinafter "City") and legally described as follows: 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 Minnetcnka and between the Northwesterly and Southeasterly lines of said Lot 18 extended Northeasterly to said lake shore, and bei, g part cf 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 "the property"); and WHEREAS, the applicant has applied to the City for variances to Mui icipal Zoning Code Section 10.25, Subdivision E (B) to permit the cons ruction of a new residence on a property that is 16,749 square f at in area or 77% of the minimum area required of 21,710 square feet or half acre and the width of the property is 55 feet or 55% of the required 100 feet of -ot width. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1101. 2. The property is located in the LR-lC Sinqle Family Lakeshore Residential Zoning nistrict. 3. The property was in common ownership with contiguous Lots 16 and 17, Er•-ing Park prior to 1967 through 1977 when the previous owner, Dcuglas Smith, purchased the property. Lots 16 and 17 are now legally combined. 4. Section 10.03, Subdivision 6 (A) (1) of th^ 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 I ot area and lot width and has municipal sewer available. Page 1 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2123 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 Toning 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 completl(,n 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. Tho 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 approxi- mately 5 feet snort 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 al proval of the variances as proposed based upon 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 and improvements can be constructed without the need for additional variances. D) By granting this variance there will be no negative effect on the public health, satety and welfare. E) By granting this variance it is consistent with the development of the area. F) By granting this variance there should be no need for future hardcover and setback variances. G) The special conditions applying to the parcel of land in question are peculiar to such property or immediately ad- joining property. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2123 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 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 demostrable hardship or difficulty. 10. Variances were granted on February 27, 1984, per Resolution No. 1607 and renewed on January 13, 1986 per Resolution No. 1904. The Orono Planninq Commission reviewed the current application for renewal on January 20, 1987 and found that the findings stated in the previous approval resolutions are still valid. 11. The City Council has considered this application including the findi.gs and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 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 vari,--c,_s would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicaLi' 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 Munir:Fal Zoning Code Section. 10.25, Subdivision 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 (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 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. 2123 2. The only variances granted with this approval are lot are.E 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 approved per the attached survey (Exhibit A). 8. Authorities granted 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 ore year of the date of Council approval, or this variance will expire on that date (February 9, 1988). 9. Violation of or non-compliance with any of the terms and conditions o' this variance shall constitute a violation 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 terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2123 Adopted by the Orono City Council on this 9th day of. February, 1987. Page 5 of 6 City of ORONO S ESOTA ss. COUNTY OF HENNEPIK RESOLUTION OF THE CITY COUNCIL NO. 2123 On this -'Z(' day of ��`'� 198Z before me a No ry Public within and for said county, personally appeared known to me to be the person(s,1described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Tettiefou c2#utt NOTARY YU.LIC — W%'A:OTA ' H:NN,FIN COUNTY TJIy commission expires March 25, 1' 991� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOT Y PUBLIC W MY COMMISSION EXPIRES Or this(, day of 198Z, ')efore me a Notary, ublic within and for said County, personally appeared known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) flee act and dAed. t,..� BetHe%u :Niult N'>FARY /UCLIC — nunrj[SOTA H:NN:'.FIPJ COUNTY NOTAaY PUBLIC My ccmmauon expass March 25`1991 MY COMMISSION EXPIRES Page 6 of 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I .'orothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Oinnesota, do hereby certify that I have compared :he foregoing ::opy of a resolution of the City Council of the pity of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on February 9 , 1987 . and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Wherecf, I have hereunto set my hand and seal this 23rd . day of March , 19 87 A Dorothy M,/�allin, City Cler (SEAL) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 9, 1987 #1100 MICHAEL PLANK - CONT. Mr. Plank stated that he feels comfortable with t,,e proposed placement of the house and is willing to take the risk involved with a future 3-lot subdivision. He also noted that he has reviewed the proposed resolution and finds no problem. Councilmember Goetten asked about setback requirements, septic testing, and conservation and flowage easements. Assistant Zoning Admin=strato.r Gaffron stated that septic testing has been done and found acceptable; that the proposed location of the house meets anticipated future subdivision requirements for lot area, lot winch, and setbacks; and there is already a conservation and flowage easement on record. Joe Sawchuk, 4105 Watertown Road, adjacent property owner, stated that his only concern is regarding the proposed permanent driveway. He feels that if it were located between his house and applicants present home, it may decrease his property value. Mayor Grabek stated that issue would be addressed when the subdivision is done and that the City would do everything possible to prevent that situation. It was moved by Councilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2122 granting the conditional use permit in accordance with staff recommendation. Motion, Ayes 4, Nays 0. `#1101 GAMES E MERTES* '32J4-- CASCO CIRCLE RENEWAL VARIANCES RESOLUTION #2123 It was moved by Cou.cilmember Sime, seconded by Councilmember Peterson, to adopt Resolution #2123 approving James E. Mertes' request for a renewal of variances previously granted 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 (1,12 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width. Motion, Ayers 4, Nays 0. 0 APPLICATION NO. 1101 CITY OF ORONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 2/13/87 ----------------------------------------------------------------- TO: James E. Mertes COPIES: 25700 Birch Bluff Road Shorewood, MN 55331 ----------------------------------------------------------------- TYPE OF APPLICATION: XX Variance (Renewal) ----------------------------------------------------------------- DATE OF MEETING:, 2/9/87 VOTE: 4 For 0 Against COUNCIL ACTION - MOTION: To review lot area/lot width variance per the resolution previously mailed to you. You should arrange to sign the 3 original resolution copies at the City offices (Monday thru Friday, 8:00 to 4:30). ---------------------------------------------------------------- X VARIANCE APPROVAL is limited to the extent shown on approved plans. Do not change plans. Variance authority expires one year after approval. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. POPHAM. HAIK. SCHNOBRICH & KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER WAYNE O.POPMAM RAYMOND A. MAIM ROGER W. SCHNODRICM DENVER KAUFMAN ROSCRT A. MiNISM ROLFE A. WORDCN O. MARC WHITEHEAD SRUCE D.WILLu FREDERICK S. RICHARDS G.RODERT JOHNSON GARY R. MACOMDER PODERT S. SURK HUGH V. ►LUNKETT, 111 FREDERICK C.DROWN THOMAS K. DE MO JAMES R.STEILCN JAMES S. LOCKHART ALLEN W. HINDERAPER CLIFFORD M.GREENE D. WILLIAM KAUFMAN MICMAEL O.FREEMAN HOWARD SAM MYER3,111 LARRY D.CSPEL JA041E S.MAYERON THOMAS J.:ARRCTT JAMES ♦.PAYNE DAVID A. ONES LEE E.SH[EHY ^LAIN FRCCON PATRICIA A. JENSEN LESLIE GILLETTE MICMAEL T. NfLAN ROSERT H. LYNN THOMAS M. 11PKINS RODERT C. MOILANEN THOMAS F. NELSON THOMAS J. RADIO DAVID L.HASMMALL KATHLEEN M.MARTIN JOHN C.CHILDS DOUGLAS P. SEATON THOMAS E.SANNER Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Enclosed and filed in the chain torrens properties. Name MINNEAPOLIS, MINNESOTA 55402 TCLEVMONE 612-333-4600 TELCCOPIER 612-334-2Tf3 RICHARD A. KA►LAN TRUCE D. MCPHEETERS GARY D. DLACKFORD SCOTT E. RIGHTER PAUL J. LINSTROTM SCOTT A. SMITH ELIZADETH A. THOMPSON MEITM J. HALLELAND MARK D. ►ETCRSON D. RANDALL DOYER SRIAN N.JO HNS0N TIMOTHY W. KUCK CAROL D. SWA14SON ORUCE A. ►ETERSON JULIE A. SWCIT2ER THOMAS C.MIELENHAUSCN KATHLEEN A.SLATZ MICHAEL O.CHRISTENSON J. MICNACL SCHWARTZ LARAYE M.OS:ORNE TODD M.JOHNSON SUITE 2400 1200 SEVENTEEN`1 !TRECT DENVER, COLORA.00 00202 TELEPHONE 303-003-1200 TELECOPIER 303-693-2194 SUITE 300 SOUTH 1400 M STREET. N. W. WASHINGTON. D. C. 20036 TELEPHONE 202-828-5300 TELECOPIER 202-624-5 e,6 DIRECT DIAL- NUMBER 334-2549 August 7, 1987 JE/►REY P. CAIRNS LO11S P. SMITH FRANCIS J. CONNOLLY DRUCE H. LITTLE MARK F. ►ALMA RUSSELL S. PONESSA DRY^N L.CRAWFORD DAVID K. RYDEN .f ATTHEW E.OAMON JOHN W.PROVO GREGORY G.:ROOMER WILLIAM M.OJILC, JR. TERRANCE A. COSTELLO JOS[PH O. VAS: DRIAN W. OHM STEVEN A. CHCLCSNIK ORCOORY G. SCOTT SHARON N. FULLMER O' co—SEL FRED L.MOPRISON listed below are variances which cannot be of title because they are registered as Resolution No. R. H. Greene 2085 R. E. Brown 2080 R. E. Brown 2189 W. M, Bracken 2153 D. J. McCurdy 2102 G. W. Long 2104 Krutzig Custom Homes, Inc. 1726 T & J. Hitch 2133 J. E. Mertes 2123 T. Berthiaume/C. Kachenmeister 2186 R. E. Demshar 2184 F. Janecky 2205 G. Nelson 2061 R.F. Potas 2161 Ken & Renee Eggert 2173 Jim & Ruthanne Lange 2169 J.F. Fleischhaker 2115 If you have any questions, F?-ease feel free to call either me or my secretary, Joyce Pedersen at 334-2736. Very truly yours, EH/jlp/3328 Enclosures Nancy E. -nik Legal Assi r