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Home My WebLink AboutProject PacketHardcover Ordinance (03/05/12) Hardcover Ordinance (03/06/12) Hardcover Ordinance (03/12/12) Hardcover Ordinance (03/12/12) Hardcover Ordinance (03/16/12) Hardcover Ordinance (03/19/12) Hardcover Ordinance (03/20/12) Hardcover Ordinance (03/26/12) Mileage Hardcover Ordinance (03/27 /12) Hardcover Ordinance (03/29/12) TOTAL Hardcover Ordinance Senior Planning TOTAL General Planning MFRA -Project 18761 Summary thru 03/31/2012 Application 12-3538 (3520 North Shore Drive) Application 12-2538 (03/06/12) Application 12-2538 (03/12/12) Split Mileage w/ 12-3545 Application 12-2538 (03/14/12) TOTAL Application 12 -3538 Application 12-3539 (125 Turnham Road) Application 12-3539 (03/2/12) TOTAL Application -12-3539 Application 12-3545 (2807 Casco Point Road) Application 12-3545 (03/06/12) Application 12-3545 (03/12/12) Application 12-3545 (03/12/12) Split Mileage w/ 12-3538 TOTAL Application 12-3545 $ 26 .50 371 .00 424 .00 212.00 53 .00 159.00 318 .00 901 .00 10.20 53 .00 53 .00 $ 2 ,580 .70 $ 106.00 $ 106.00 $ 132.50 185.50 5.10 26.50 $ 349 .60 $ 26 .50 $ 26 .50 $ 132.50 185.50 26 .50 5.10 $ 349 .60 $ 3,412.40 BOLTON & l'-/IENK., Consultin g Eng in ee rs & Surve yors 1960 Premier Drive • Mankato, MN 56001-5900 Phone (507) 625 -4171 • Fox (507) 625 -4177 www.bolton·me11k.com INCOb City of Orono P.O . Box 66 Orono, MN 55323 Orono/2807 Casco Point Rd, 12-3545 PASSTHRU Professional Services Principal Engineer Martini, Dav id 2/3/2012 1/30/12, Plan Review Martini, David 2/3/2012 1/31/12, Plan Review Project Design Engineer Bean , Robert 2/3/2012 Invoice Hours .50 .50 1.00 February 29, 2012 Project No : C 13 .104529 Invoice No : 0145884 111111111111 111111111111111111 * 2 0 1 2 * I 1111111111111111111111111111111111111111111111 IIIII IIII IIII * C 1 3 . 1 0 4 5 2 9 * 1111111 lllll lllll lllll lllll 111111111111111111 *0145884* Rate 125.00 125.00 98 .00 Amount 62.50 62 .50 98 .00 1/25112 Review Certificate of Survey, Elevation Plans; Assemble Review Comments and Write Review Letter Clerical Cramer, Jessica 2/3/2012 .50 55 .00 27.50 1/30/12 Correspondence Perry, Deborah 2/3/2012 .50 55.00 27.50 1123/12 Open File Perry, Deborah 2/3/2012 .50 55.00 27 .50 1124112 Scan Plans to PDF File Totals 3 .50 305 .50 Total Labor Total this Invoice Notice: A finance charge of 1 .5% per month (annual percentage rote of 18%) is charged on balances 30 days or over. 305.50 $305 .50 Man kato, MN • Fairman!, MN • Sleepy Eye, MN • Burnsville, MN • Willmar, MN • Cha ska, MN • Ramsey, MN • Maplewood, MN • Brainerd, MN • Ames, IA DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer. Melanie Curtis From: Sent: To: Subject: Attachments: Melanie , David P. Martini Tuesday , July 31 , 2012 2 :18 PM Melanie Curtis Casco Pt. Invoice Invoice 0145884 .pdf Here is the revised invoice. Since you have already paid Bolton & Menk based on the last invoice we will credit the 1 hour on the next invoice for Miscellaneous Engineering. Let me know if you have questions. Thanks . David P. Martini, P.E. Bolton & Menk, Inc. P : (952) 448-8838 ext . 2458 M : (612) 756 -4315 email : dav idma@bolton -menk .com 1 Hardcover Ordinance (2-21-12) Hardcover Ordinance (2-22-12) Hardcover Ordinance (2-22-12) Hardcover Ordinance (2-24-12) TOTAL Hardcover Ordinance General Planning (2-13-12) General Planning (2-14-12) General Planning (2-15-12) General Planning (2-22-12) TOTAL General Planning MFRA -Project 18761 Summary thru 02/29/2012 Application 12-3538 (3520 North Shore Drive) LU Application review split with 12-3539 (2-2-12) Travel split w ith 12-3539 (2-2-12) Application 12-3538 -3520 North Shore Drive (2-13-12) Application 12-3538 -3520 North Shore Drive (2-15-12) Application 12-3538 -3520 North Shore Drive (2-16-12) Application 12-3538 -3520 North Shore Drive (2-16-12) Application 12-3538 -3520 North Shore Drive (2-16-12) PC Meeting attendance split w/ 12-3545 PC Meeting travel (2-21-12), split with 12-3545 Application 12-3538 -3520 North Shore Dr ive (2-22-12) Application 12-3538 -3520 North Shore Drive (2-23-12) Application 12-3538 -3520 North Shore Drive (2-23-12) TOT AL Application 12-3538 Application 12-3539 (125 Turnham Road) LU Application review sp lit with 12-3538 (2-2-12) Travel split with 12-3538 (2-2-12) Application 12-3539 -125 Turnham Road (2-3-12) Application 12-3539 -125 Turnham Road (2-6-12) Application 12-3539 -125 Turnham Road (2-7-12) Application 12-3539 -125 Turnham Road (2-7-12) Application 12-3539 -125 Turnham Road (2-13-12) Trave l (2-13-12) Application 12-3539 -125 Turnham Road (2-14-12) Application 12-3539 -125 Turnham Road (2-21-12) TOT AL Application -12-3539 Application 12-3545 (2807 Casco Point Road) Application 12-3545-2807 Casco Point Road (2-13-12) Application 12-3545 -2807 Casco Point Road (2-15-12) Application 12-3545 -2807 Casco Point Road (2-16-12) Application 12-3545 -2807 Casco Point Road (2-17-12) Application 12-3545 -2807 Casco Point Road (2-20-12) Application 12-3545 -2807 Casco Point Road (2-20-12) PC Meeting attendance split with 12-3538 PC Meet ing travel (2-12-12), split with 12-3538 Application 12-3545 -2807 Casco Point Road (2-27-12) Application 12-3545 -2807 Casco Point Road (2-27-12) TOT AL Application 12 -3545 $ 291 .50 26.50 185.50 53 .00 $ 556 .50 $ 79 .50 26.50 212 .00 106.00 $ 424 .00 $ 185.50 5.10 26.50 106.00 106 .00 26 .50 265 .00 132.50 5.10 26 .50 106.00 159.00 $ 1,149.70 $ 185 .50 5.10 106.00 106.00 106.00 26 .50 450 .50 10.20 212 .00 26.50 $ 1,234 .30 $ 26.50 397.50 106 .00 26 .50 265 .00 26 .50 132.50 5.10 265 .00 106.00 $ 1,356 .60 $ 4 ,721 .10 Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Hi Ben Melanie Curtis Monday, March 05, 2012 12:57 PM 'Benjamin Gozola' Mike Gaffron 3/12 Council Items (12-3538 & 12-3545) admin@ci.orono.mn.us_20120305_ 133550.pdf; admin@ci.orono.mn .us_20120305_ 133612.pdf Sorry it's taken so long; better late than never. .. General comments for both applications - • I made handwritten comments on the Council memo and the resolution (see attached). Mostly cosmetic. • Our attorney requires we include the marital status and full legal names the applicants for recording (see example pasted below of both the first "Whereas" paragraph and the notary block language as highlighted) • I've also highlighted in the example below some other common language we try to include in our resolutions. You have sort of addressed some of this differently but maybe just using the same language would be better for consistency .... Please make the changes and resend before 4 on Wednesday. Thanks!! Melanie Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952.249.4620 Email: mcurtis@ci .orono .mn .us Website: www .ci.orono .mn .us City of Orono Office Hours Monday -Friday 8:00 am to 4:30 pm A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-305, 78-1279 & 78-1288 AND A CONDITIONAL USE PERMIT PURSUANT TO ORONO MUNICIPAL CODE SECTIONS 78-966, 78-967 & 78-1286 TO ALLOW LAND ALTERATION WITHIN THE LAKESHORE SETBACK FILE NO. 12-3540 WHEREAS, The Estate of Ralph Colt Bagley (hereinafter "Owner") is the owner of the property located at 1105 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as: Tracts A and C, Registered Land Survey No. 902, Files of Registrar of Titles, County of 1 Hennepin and Tract A, Registered Land Survey No. 441, Files of Registrar of Titles, County of Hennepin, except that part embraced in Registered Land Survey No. 902, Registrar of Titles , County of Hennepin . Registered Property as evidenced by Certificate of Title No. 645075, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Charles L. Truwit and Paula J. Picard , a married couple (hereinafter the "Applicants ") have an interest in the Pro P.erty ; and WHEREAS, the Applicants have made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0.63 acres and a defined width of 0 feet when 2.0 acres and 200 feet of width are required; and WHEREAS, the Applicants have made application to the City for variances to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of 5 feet when a 30 foot setback is required ; and WHEREAS, the Applicants have made application to the City for a variance to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 1 0 feet when a 75 foot setback is required; and WHEREAS, the Applicants have made application to the City for a variance to Orono Code Section 78-1288 to construct a replacement residence on the Property with 9,619 square feet or 36% hardcover in the Oto 75 foot zone when no hardcover is allowed ; and WHEREAS, the Applicants have made application to the City for a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 17 , 2012 , at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #12-3540. 2. The Property is located in the LR-1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.63 acre in area and 0 feet in defined width. 3. The Planning Commission reviewed this application on January 17, 2012 and on a vote of 5 -0 recommended : a. Approval of the variances, based on the following findings: i. The Property is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. ii. There is no additional land available to bring the lot area or width into conformity. 2 iii. The Applicants' request for hardcover in excess of 25% makes the Property ineligible for nonconforming lot area and lot width provisions provided within MN §462.357. iv. The lot is provided with City sewer. v. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. vi. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. vii. The Applicants' request is in harmony with the purpose and intent of the ordinance. viii. The Applicants have demonstrated that enforcing the 0 to 75' zone hardcover, lake and side yard setback, lot area and lot width provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of the Property. ix. The Applicants are not able to acquire additional property to meet minimum lot width and area requirements. x. The current home has existed on the Property since the 1950's. xi. No alternative, conforming location exists for a house as no part of the Property is outside the Oto 75 foot zone. xii. The amount of hardcover will be partially mitigated by lakeshore buffering. b. Approval of the conditional use permit based on: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. Approval of the floodplain mitigation by the Minnehaha Creek Watershed District (MCWD) and issuance of necessary permits. iii. While the grading will require the removal of a number of large trees, there is no practical alternative to elevating the driveway out of the 100-year floodplain on fill (as required by the MCWD) and no other location on the Property to provide the compensatory flood storage capacity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS 3 Based upon the above findings , the Orono City Council hereby grants the following variances to Orono Code Section 78-305(b) to construct a replacement residence on a lot with an area of 0 .63 acres and a defined width of O feet when 2 .0 acres and 200 feet of width are required ; to Orono Code Section 78-305(b) to construct a replacement residence on the Property with a side setback of five feet when a 30 foot setback is required ; to Orono Code Section 78-1279 to construct a replacement residence on the Property with a lake setback of 10 feet when a 75 foot setback is required ; to Orono Code Section 78-1288 to construct a replacement residence on the Property with 8 ,518 square feet or 32.2% hardcover in the O to 75 foot zone when no hardcover is allowed , subject to the conditions listed below. Further, the Orono City Council grants a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property , subject to the following conditions : 1. Council approval is based on the survey , site grading, landscape and house plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B, C & D. Any amendments to these plans may require further Planning Commission and City Council review. 2 . Hardcover in the 0-75 ' zone shall be limited to 8 ,518 square feet or 32 .2% per the proposed survey/site p lan and hardcover allowance summary as depicted on Exhibit A. The Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval , and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3 . A lakeshore buffer shall be established and maintained in the areas shown on Exhibit C ; all landscaping shall be planted and maintained per the planting plan attached to this Resolution as Exhibit C as annotated by Staff. 4. Applicants shall not place any plastic or fabric liner material under any landscaping on the property to ensure their permeability as non-hardcover surfaces. 5. Council approval is based on the grading and floodplain mitigation plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 6 . Submittal of MCWD permit for floodplain alteration/mitigation shall be submitted to the City prior to the issuance of a building permit. 7. The home plans submitted are for the purpose of hardcover review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono 's building height and number of stories calculation . 8 . Authorities granted by this resolution run with the Property not w ith the Applicants , but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval , or the variances and conditional use permit will expire on that date (February 27 , 2013). 9 . Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor . 10. The undersigned Owner and Applicants have read , understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27 th day of February , 2012 . 4 ATTEST: Linda S. Vee, City Clerk Owner(s) Charles L. Truwit, Applicant STATE OF ---------COUNTY OF ______ _ Lili Tod McMillan , Mayor _____________ Property Property Owner(s) Paula J . Picard, Applicant This instrument was acknowledged before me this __ day of _______ , 2012 by George N. Bagley, Personal Representative of the Estate of Ralph Colt Bagley , deceased . STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this _ day of _____ , 2012 , by Charles L. Truwit , husband of Paula J . Picard . STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this_ day of _____ , 2012 , by Paula J . Picard , wife of Charles L. Truwit. Notary Public 5 Melanie Curtis From: Sent: To: Cc: Subject: Attachments: Melanie Curtis Wednesday, February 15, 2012 8:43 AM 'Benjamin Gozola' Mike Gaffron 2807 Casco POint Road admin@ci.orono.mn.us_20120215_093841.pdf Whoops! I hit send too soon ... My handwritten comments are attached. I assume all the red text to be cut and pasted from the North Shore Drive report. Can you make the revisions etc and get it to me by the end of today? I need to see what exhibits you're including as well. It's helpful for me to have you put them together and scan and attach them as one report so I know exactly what to include or supplement if we need to with color or whatever. Melanie 1 City of Orono Planning Department Variance Review To: Planning Commission From: Ben Gozola, City Planner Meeting Date: 2-21-12 Applicant: Jean Andre LaTondresse (JAL Architects Ltd.) Owner : John & Patty Bailey Location: 2807 Casco Point Road Zoning: LR-lC Proposed The applicant is proposing to place a screened porch onto an existing home. Project: Variance The screen porch addition would require the following variances: RequeSt (s): 1. A 75' -250' zone hardcover variance to allow 27.12% hardcover where 30.38% currently exists and 25% is normally allowed. 2. A variance from the average lakeshore setback requirement as the proposed addition will be four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Issues/or • Consideration: Does the proposal meet all code criteria to qualify for the requested hardcover variance? • Does the proposal meet all code criteria to qualify for the requested average lakeshore setback variance? • The purpose of the average lakeshore setback variance is to protect views. Are views of adjacent neighbors being impacted? If so, can these impacts be mitigated or avoided? • Are there any other issues or concerns with this application? File#: 12-3545 Var iance Rev iew; 280 7 Casco Point Road Planning Commiss ion Rep ort; 2 -2 1-12 Findin s Site Data: Lot Size -approximately 26 ,623 square feet (0.61 acres) _ • JO, 182 sq ft in zone [O' to 75 '], and 16,441 square feet in zone [75 ' to 250 '] Existing Use -Single Family Dwelling Existing Zoning-LR-IC (One Family Lakeshore Residential District) Property Identification Number (PID): 20-117-23-32-0014 Comp Plan • The comprehensive plan guides this lot for low-medium density residential. Guidance: • On page 3B-24, the plan identifies the following goals related to lakeshore residential lots: -The views and open space currently enjoyed by lakeshore property owners shall be protected. -The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as on the shape and topography of the lot. -The increase in massing of structures on the lakeshore shall be limited. Shore/and • The subject property IS within the shoreland district. The requested hardcover Issues: variance directly relates to the hardcover zone requirements in the shoreland district. Lot • In this case, the existing home is conforming to maximum lot coverage regulations Coverage: (structural), and the proposed addition will not change this fact. • Maximum lot coverage on this property is 15% of the overall lot size. • Lot coverage calculations are as follows: Hardcover • Analysis: o The existing structural coverage is 2900 square feet (or 10 .89% coverage). o The proposed structural coverage is 313 8 square feet ( or 11. 79% coverage). o Note that the screen porch addition is slightly offset by the elimination of half the deck and staircase to the NE of the proposed addition. Hardcover within the [O' to 75 '] zone (10,182 square feet) is prohibited with limited exceptions for driveways, stairways, lifts, landings and lockboxes. The existing features within this area (patio , deck, steps, rock wall and rock boarders) are existing legal nonconformities, and no new hardcover is proposed in this zone as a result of this application. Page2 F ile#: 12-3545 Va ri an ce Review; 28 0 7 Casco P o int Ro ad P lanning Co mmiss ion Report; 2-2 1-1 2 (co nt.) ■ Hardcover within the [75 ' to 250'] zone (16,441 square feet) is limited to 25% of the zone area. Existing vs. Proposed hardcover within this zone breaks down as ':"' follows: --EXISTING PROPOSED I'\ '""'3 Area within the zone: 16441 16441 I,' I Hardcover within the zone: 4995 4459 I 30 .38% 27.12% House and Porch 2180 2180 ~ ' "' Garage 496 ~v ~ Driveway and walkway 1095 v ~1095 Sidewalk 7f:too.s...e ent., Gar ent., brick) 63 ~ 63 ~ Deck ).M v 107 (-117) -----PatjQ---~ 423 0 (-423) Lan_gseaping ~ 0 (-365) ___,,~ Boulders 67 -------67 L -r-----...s 2 .,,,,~ Borders 82 ___,,.,-,-· ~ Screened Porch Addition 0 286 ~ ~ Window Wells and Timbers (+14) " 0 14 ~ Bar Grates and Steps 0 69 (+69) Building • Height: The proposed improvements are all outside of the floodplain for Lake Minnetonka . The maximum height of structures in the LR-1 C district is 2.5 stories which shall not ex ceed 30 feet in height. • The proposed addition will be essentially 1.5 stories tall-well in conformity with the code requirement. Lakeshore • Setback Analysis: The existing home is legal nonconforming to the required average lakeshore setback as it extends twelve (12) feet beyond the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots . The proposed addition will require a variance as it will extend four (4) feet past the average lakesho re setback line . Page3 File#: 12-3545 Variance Review; 2807 Casco Point Road Planning Commission Report; 2-21-12 A lication Review: Applicable Dwelling means a building or one or more portions of a building designed or intended Code to be occupied exclusively for residence purposes, but not including rooms in motels, Definitions: hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Hard cover means any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Primary • Applicable Codes: Section 78-1279(6) which requires that structures be no closer to the lake than an average setback line defined by the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Variance Review: • Section 78-1288(a)(l)(b) which dictates that hardcover within the 75' to 250' hardcover zone not exceed 25% of the land area within that zone. By state statute, there are three definitive criteria that all variances must address: consistency with the ordinance, consistency with the comprehensive plan, and the establishment of "practical difficulties." Staffs analysis of these criteria and the specific requirements listed in city code is as follows: (1) The request is in harmony with the general purposes and intent of this ordinance. • The two requests propose to expand a residential structure in an orderly manner which protects light & air access for adjacent properties, does not block prominent lake views from existing neighboring homes and results in a home conforming to bulk maximums. The existing legal nonconforming hardcover status is also being improved. Staff believes this criteria is met for both requests. (2) The variance is consistent with the comprehensive plan. • The comprehensive plan supports reasonably sized and well placed homes in residential lake shore areas. Because the overall massing is conforming to code requirements, and because the addition within the setback will not block prominent lake views from existing neighboring homes, we find the proposal is in line with redevelopment anticipated by the comprehensive plan. Furthermore, the removal of an existing patio, landscaping and a portion of an existing deck will improve the water quality on the site as overall hardcover will be reduced by 536 sq ft. Staff believes this criteria is met for both requests. Page4 F ile#: 12-3545 Variance R eview; 28 0 7 Casco Point R oad Planning Commiss ion R ep ort; 2-2 1-12 (cont.) (3) The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. ■ The property owner is seeking to expand the existing home into a size allowed by code with the addition of a screened in porch. The requested location of the porch is reasonable given the existing home footprint and the orientation of the home to the NW away from the proposed building location. The existing legal nonconforming hardcover cannot be addressed short of working with the property owner through this type of improvement, and the proposed reduction of 536 sq ft is appropriate and represents a win win for the property and the City. Staff believes this criteria is met for both requests. ~-·-~~: :--" I •~ -J t ~_1 __ -____ _. ____ ----~-f-. - lf'.i..~-.......... ' ♦ -v.:-.; ... ' ~ ·_, \ ---. -_ ...... ........ -v '-~~' .-" ---~-... ! -~~ ... -# -•• -' •• ~ '• I • • r 'i ,.. __ . -'1-ll[~ ,I ... ~, ~ ~,... . The promenent lake views for the adjacent home are oriented away from the area of the proposed addition. (4) The plight of the landowner is due to circumstances unique to his property not created by th e landowner. ■ The existing landowner is not responsible for the location of the neighboring homes which results in an average lakeshore setback line that does nothing to protect the prominent views for the home to the NW given the curvature of the point and the orientation of the neighboring home. Moreover, the existing legal nonconforming hardcover predates the current homeowner. Staff believes this criteria is met for both requests. (5) The variance, if granted, will not alter the essential character of the locality. ■ The lot will still be the locale for a single family dwelling which is consistent with all other surrounding uses . Inclusion of the proposed screened porch will not impact adjacent lake views , and will not result in the home being too large according to code. The proposed reduction in hardcover will bring the property into greater conformity with code thereby bringing the property into greater conformity with the general character of surrounding lots that do conform to all requirements. Staff believes this criteria is met for both requests. Page5 F ile#: 12-3545 Va riance Rev iew; 28 0 7 Casco P oint R oad Planning Commiss ion Rep ort; 2-2 1-12 (cont.) (6) Economic considerations alone do not constitute practical difficulties. • The improvements are proposed to increase the livability of the home by adding on a screened porch which is an extremely common accessory structure for a lakeshore residential dwelling. The proposed changes do not appear to be proposed simply for economic gain. Accordingly, staff believes this criteria is met for both requests. (7) Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be gran te d for earth sheltered construction as defined in Minn. Stat. § 2 l 6C. 06, subd. 2, when in harmony with this chapter. • Staff believes this criteria is not applicable to this request. (8) The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the z one where the affected p erson's land is located. • Staff believes this criteria is not applicable to this request. (9) The board or council may permit as a variance the temporary use of a one family dwelling as a two-family dwelling. • Staff believes this criteria is not applicable to this request. (10) The special conditions applying to the structure or land in question are p eculiar to such prope rty or imm ediately a4f oining property. • The average lakesho re setback line is well suited to address side-by-side residences along a straight lakeshore . In this case , the property in question is adjacent to a prope1iy which sits on the curve of the peninsula which results in the neighboring home's primary lake views being orientated away from the subject property and the proposed addition location . While the ex isting home is currently twelve (12) feet past the average setback line and the proposed addition will be four (4) feet past the line , Neither the existing structure nor the proposed addition impact prominent lake views. As such, we do find the circumstances on this lot to be peculiar to justify the av erage \/1 ,,.I\~ lakeshore setback variance. MditionaH,, Hennepin Count, data-fodieares- ~~~~ __ this pr013erty has been used fe r residemial purpe s es sim1e 1915 , so much if -r ~ ... ---11--....... :.____nnt..all of the legal n on co n fo nnin g h ardcover likely predates this ow n et by deettdes . -S taff believes this criteria is met for both requests. (11) The condit ions do no t apply gen erally to other land or structures in the di strict in which the land is located. • The combination of the curve of the peninsula negating potential lake views and the long-standing amount of hardcover on this property are a combination of facts not generally applicable to most properties in the LR- 1 C zoning district. Staff believes this criteria is met for both requests. Page6 F ile#: 12-3 545 Varian ce R eview; 2 80 7 C asco Point Road Plannin g Co mmiss ion Report; 2-2 1-12 (cont.) (12) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. • The applicant 's desire to expand the home in a manner which conforms to the city's massing requirements while not infringing upon the intent of the regulation to protect lakeshore views shows the requested variances are necessary to grant enjoyment of a substantial property right of the applicant. Staff believes this criteria is met for both requests. (13) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. ■ Staff did not identify anything in the request to suggest the proposed addition will impair the health, safety, comfort or morals of the community. Staff believes this criteria is met for both requests. (14) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. ■ The requested variance is necessary to permit a lessening of overall hardcover and an expansion of the existing structure to a size and location which conforms to the intent of code. Staff believes this criteria is met for both requests. VARIANCE RECOMMENDATION: After reviewing all criteria in code, staff believes the requested variances should be approved with conditions. Resident I ■ Concerns: Additional ■ Information: The existing me is leg ~conforming to the western side yard setbac . speaking 1th the applicant , e indicated the location , size , shape and volum o f the ex · ing home within th nonconforming area on the lot will not be ch ging (incl ding the roof pitch). lUlY?}i ange s within the nonconforming ar would requ ea variance , and such a \.!quest has not been reviewed i~ uunction with this a lication. As a condition of approval , the applic t-s-11ould be required to maintain ects of the legal nonconfo cture within the setback. ■ The applicant wo o 1 the commission the potential for a 14 square fi atio on th orth Shore Drive side of the lot as part of the discussion o e 17th . The patio was not officially reque sted as the timing of the ad · · and driveway reco ~ttration are critica l aod tb e appli cant -did o want any side requests potentially impacting the discus sion . Page 7 F ile#: 12-3545 Va ri an ce Rev iew; 280 7 Casco Po in t R oa d Planning Com miss ion R eport; 2-2 1-12 1 Engineering Report (B&M?): Conclusion: · ewed the plans ( dated 12-14-11) for t roposed house and grading plan North Shore Drive , and had the follo ing comments with regards to • · The proposed grading along the new addition and driveway, as well as the proposed garage elevation should be shown on the plans. • The driveway removal should be used as an opportunity to better manage stormwater runoff within the property to the right of way. • A permit will be required from Hennepin County for work in the right-of-way . • This project will disturb more than 100 CY of material. Sediment and erosion control information meeting the requirements of Orono's City Code 79-7(c)(2) must be submitted . The minimum $2000 sediment and erosion control financial se urity should be required of the owner for this permit. The applicant is seeking approval of a variance for overall hardcover within the [75 ' to 250 '] zone to allow 30.4% hardcover where 30 .8% currently exists and 25% is normally allowed . Options : The Planning Commission has the following options: A) RECOMMEND APPROVAL OF THE REQUESTED VARIANCE (based on the applicant's submittals and findings of fact). B) RECOMMEND DENIAL OF THE REQUESTED VARIAN CE (based on the applicant 's submittals and findings of fact). Template Denial • Motion: (.not recommended) • Template Approval • Motion: RECOMMENDED review period for this e extended an additional "I move to r~mtlrfiend denial of the requested variance based on the following findings of fact:" (provide findings to support your conclusion) "I move that we recommend Council approval the requested variance based on the findings of fact listed in the report analysis. Furthermore, the approval shall include the conditions listed within the staff report as may have been amended here tonight." Page8 File#: 12-3545 Variance Review; 2807 Casco Point Road Planning Commission Report; 2-2 1-1 2 Recommended I . The applicant shall obtain all necessary permits and approvals from the City Conditions: and other applicable entities with jurisdiction prior to any construction. cc : Colin & Anna John Paggen, 2. Construction shall follow the survey and plans as submitted or as required to be updated b _ The proposed grading along the new a=d -..ei.a:-,..-n-r1 proposed gara e permit application. 4. 5. 6. Because t · ur more than 100 CY of material, sediment and erosion control information meeting the requirements of Orono 's City Code 79-7(c)(2) shall be submitted for engineering review. The minimum $2000 sediment and erosion control financial security shall be required of the owner for this permit. 7. Because any change to the legal nonconforming portion of the structure would require a variance that has not been considered as part of this application, the applicant shall provide building permit plans which show the legal nonconforming portion of the home will not be expanding in any way . 8. The City Engineer shall have the option to inspect the property at the applicant 's expense during the construction process to ensure on-going compliance with all engineering requirements. 9. The variance shall expire one year from the date ofresolution; City Council approval will be required for any subsequent extension . Page9 Melanie Curtis From: Sent: To: Benjamin Gozola [BGozola@mfra .com] Monday , February 13 , 2012 2:58 PM Melanie Curtis Subject: RE : 2807 Casco Point Rd / 12-3545 Yes -I will have a thumb drive, and I'll be there before 7 to get my presentation on your computer. Thanks Melanie, Ben Gozola, AICP Senior Planne r MFRA, Inc . I 14800 28t h Av e N, St e. 140, Plymou t h, MN 5544 7 I www .mfra .com (7 63 ) 746.165 0 Phone I (9 52 ) 217 .0252 Cell I (763 ) 47 6 .8532 Fax 1 bgozo la@mfra .com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, February 13, 2012 2:56 PM To: Benjamin Gozola Cc: Mike Gaffron Subject: RE: 2807 Casco Point Rd / 12-3545 © I agreed with your time li ne because it matched what we d iscussed in our Jan 31st emai l back & forths. We'll figu re this out. .. eventually. Do you have a thumb drive for tonight? From: Benjamin Gozola [ma ilto :BGozo la@m f ra .com] Sent: Monday, February 13, 2012 2:51 PM To: Melanie Curtis Subject: RE: 2807 Casco Point Rd / 12-3545 I see what you're seeing on my timeline . Please know my intent for the Planning Commission reports (as you'll see on the North Shore Drive appl ication) was to get the final report into you by this Wednesday (the 15th ). I'm guessing I copy/pasted that task from the 125 Turnham Road project and didn 't adjust the timeline per the meeting date . That said, I will further adjust my template to address your comments below , and all reports will be finalized a full week before the packet goes out. Getting my process down (I promise), Ben Gozola, AICP Senior Planner MFRA, Inc. I 14800 28 th Av e N, St e . 140, Ply mo ut h, MN 5544 7 I www .mfra .com (76 3) 746 .16 50 Phone I (952) 217 .0 252 Ce ll I (76 3 ) 476 .8 53 2 Fa x1 bgozola@mfra .com 1 From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, February 13, 2012 2:43 PM To: Benjamin Gozola Cc: Mike Gaffron Subject: RE: 2807 Casco Point Rd/ 12-3545 Thanks. I'll review it and get back to you . Wednesday should work ok, but based on my comments and on your planning timeline we expected this draft a week ago (Feb 1') but it is what it is. As we discussed before we need you to attend our Thursday staff meetings immediately following the PC meeting and receive your DRAFT Planning Commission staff reports via email 11 calendar days ahead of the PC meeting ➔ one week ahead of our deadline which is the Thursday before the meeting, so we have adequate time to review the draft before you finalize. On your template Orono land use review "to-do" list can you assure that miscellaneous app licant communications are initiated by you and directed to you so the applicant are aware they are working with someone other than me. This can be done via the 15-day letter. As usual I will need to be copied on all written communication and all transmittal of plans etc should continue go through me. See you tonight -Melanie From: Benjamin Gozola [mailto:BGozola@mfra.com] Sent: Monday, February 13, 2012 2:15 PM To: Melanie Curtis Subject: RE: 2807 Casco Point Rd/ 12-3545 Here's the draft report . I'll be finalizing it prior to my Wednesday deadline based on feedback from staff last week. I've now added specific lines for "15-day review letter" and "send out engineering comments" on my template Orono land use review "to -do" list . Ben Gozola, AICP Senior Planner MFRA, Inc. I 14800 28th Ave N, Ste. 140, Plymou t h, MN 55447 I www .mfra .com (76 3) 746 .1650 Phone I (95 2) 21 7 .0 252 Ce ll I (76 3 ) 476.8532 Fax 1 bgozola@mfra .com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday, February 13, 2012 1:40 PM To: Benjamin Gozola Cc: Mike Gaffron Subject: 2807 Casco Point Rd/ 12-3545 Ben I received a phone call today from Andre LaTondresse regarding the status of the Casco Point Road application. He indicated that he hasn't heard from the City yet regarding the status of his application or any comments from the City engineer. 2 ,, I don't have a copy of a 15-day letter regarding this application in the file. Was one sent? Also I see from the file that I forwarded the engineering comments to you on Feb 1st for you to forward to the applicant and Feb 9th was the deadline for submittal of a draft staff report to me. Did I perhaps miss the draft? Thanks -Melanie Melanie Curtis Planning & Zon ing Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial : 952.249.4627 Fax: 952.249.4616 Planning & Zoning Office 952 .249.4620 Email: mcurtis@ci.o rono .mn.us Website: www .ci .orono .mn .us City of Orono Office Hours Monday -Friday 8 :00 am to 4 :30 pm 3 , ' Melanie Curtis From: Sent: To: Benjamin Gozola [BGozola@mfra.com] Tuesday, January 31, 2012 12 :25 PM Melanie Curtis Subject: RE : Thursday Staff Meeting Fine by me -I just want to make sure I'm meeting your expectations, and getting things down on paper will ensure that happens. I'll be ready to discuss all three applications this Thursday . Previously you asked for my draft report by tomorrow; do you still want it then, or should I just bring it with me on Thursday? Thanks again Melanie , Ben Go zo la, A ICP Sen ior Planner MFRA, Inc. I 14800 28 th Av e N, Ste . 140, Ply mo uth, MN 55447 I www .mfra .com (76 3) 74 6 .16 50 Phone I (9 52) 21 7 .0252 Cell I (76 3 ) 4 76 .8532 Fax 1 bgozo la@mfra .com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Tuesday, January 31, 2012 12:22 PM To: Benjamin Gozola Cc: Mike Gaffron Subject: RE: Thursday Staff Meeting Ok, I see your point... two meetings might be a bit overkill. How about we do this: You attend the meeting following our PC application deadline which is the Thursday following each PC meeting. We will go over all applications taken in the day before and d iscuss all issues, etc. You can, from that discussion, take the next two weeks to review the application , make sure the applications are complete and draft your report. You should then provide your draft report to me (and to Mike in my absence ) at lea st one week prior to the PC packet deadline (which again is the Thursday at noon prior to the PC meeting date). That way if changes are needed it won't have to be rushed the week of the deadl ine. I don 't see a lot of value in presenting your draft report to the staff meeting group since they've already given input up front. Does this work? On the above timeline I would be expecting your draft report for the #12-3545 2807 Ca sco Point Road application by Feb 9th at noon. Does this work considering we will be meeting this week Thursday to discuss? Melanie From: Benjamin Gozola [mail to:BG ozol a@ mf ra.com] Sent: Tuesday, January 31, 2012 8:48 AM To: Melanie Curtis Subject: RE: Thursday Staff Meeting Not a problem . I will plan from here on out to attend two staff meetings on each application: one to get some init ial feedback on application completeness, and one to review my proposed analysis . 1 The thought behind my timeline was both issued could normally be combined (as they can with this application). The 15 day time limit is a "business day" time limit (not calendar day), so based on an application date of Jan 18th , we technicall y have until Feb 6 to make a determination . By reviewing my report and all identified issues with staff on Thursday, we save the City money by only having me present for one meeting . If something comes up and we 're lacki ng information, we can deem it incomplete and avoid a 3520 N Shore situation where we've deemed an app complete even though we needed survey updates . Either way works for me though! © Ben Go zol a, AICP Senio r Planner MFRA, Inc . I 14800 28t h Ave N, Ste . 140, Pl ym ou t h, MN 55447 I www .mfra.com (7 63 ) 74 6 .165 0 Phone I (952 ) 21 7 .0 252 Ce ll I (7 63 ) 4 76 .8532 Fax 1 bgozola@mfra .com From: Melanie Curtis [mail t o:M Curti s@ci .o rono.mn.us] Sent: Tuesday, January 31, 2012 8:33 AM To: Benjamin Gozola Subject: RE: Thursday Staff Meeting Thanks. The only substantive change I'd suggest is your attendance at our staff meeting earlier (best case: the week we receive the applications to go over issues before 15-day letter is written) and possibly attend the next meeting after you've had a chance to go through it a bit before your report is written. From: Benjamin Gozola [mailto :BGozo la @mfra.com ] Sent: Tuesday, January 31, 2012 8:28 AM To: Melanie Curt is Subject: RE: Thursday Staff Meeting No reply necessary unless you want to and/or you have suggested changes to my proposed time lines . On the applicat ion, no surprises and two variances being requested: 1. A 75' -250' zone hardcover variance to allow 27.12% hardcover where 30.38% currently exists and 25% is normally allowed. 2. A variance from the average lakeshore setback requirement as the proposed addition will be four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence bui l dings on the immediate ly adjacent lakeshore lots . Structural coverage was AOK. The exist i ng structure covers 2900 sq ft (10.89% of the lot) and the proposed addition/structure remova l wi ll result in coverage of 3138 sq ft (11.79% of the lot). Need anything else from me today? Ben Gozol a, A ICP Senior Planner 2 MFRA, Inc. I 14800 28t h Ave N, Ste . 140, Plymou t h, MN 55447 I www .mfra.com (7 63 ) 74 6 .1650 Phone I (95 2) 217 .025 2 Cell I (7 63 ) 4 76 .8 532 Fax 1 bgozola@mfra .com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Tuesday, January 31, 2012 8:23 AM To: Benjamin Gozola Subject: RE: Thursday Staff Meeting Staff meeting from 10:30 -noonish. I owe you a response from Friday's email as well. Right now, I'm working on finalizing the legal notice for Feb's PC agenda (due to paper at noon today). Any surprises from your application? From: Benjamin Gozola [mailto:BGozola@mfra.com] Sent: Tuesday, January 31, 2012 8:21 AM To: Melanie Curtis Subject: Thursday Staff Meeting When you've got a second, please confirm the staff meeting time for Thursday . Thanks! Ben Gozola, AICP Senior Planner f ra e ng i n ee r i ng surveying plann i ng energy MFRA, Inc. I 14800 28th Av e N, Ste . 140, Ply mo uth, M N 554 47 I www.mfra .com (763 ) 74 6.165 0 Phone I (952 ) 21 7 .025 2 Cell I (7 63 ) 4 76.8532 Fax 1 bgozola@mfra .com 3 E3C)L.TC>N &. l'v-1ENK., INC® Consulting Engineers & Surveyors January 30, 2012 City of Orono Attn: Melanie Curtis POBox66 Orono, Mn 55323 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com RE: Zoning Application 12-3545 2807 Casco Point Road House Addition Dear Melanie: As requested, we have reviewed the submittal package, dated January 20, 2012, for the proposed house addition at 2807 Casco Point Road. Based on our review, we offer the following comments for your consideration: I. This project will disturb more than 100 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. 2. Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements. 3. Existing drainage patterns need to be maintained. 4. The appli~ant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. Please contact me if you have any questions or need additional information . Sincerely, BOLTON & MENK, INC . D~P. tyYJJ:=:_ David P. Martini Principal Engineer DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box66 Crystal Bay, MN 55323 952.249.4620 TO: Jean Andre LaTondresse 307 Manitoba Avenue Wayzata, MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: 12 March 2012 ZONING FILE: 12-3545 DATE OF NOTICE: 14 March 2012 COPIES: John & Patty Bailey 2807 Casco Point Road Orono, MN 55391 At their meeting on March 12, 2012, the Orono City Council voted on a motion to approve your request for an average setback variance and a [75' to 250'] hardcover zone variance by a vote of 4 -0 -0. The Council approved both requests on the consent agenda without changes. Conditions of approval are as listed in the staff report. A final copy of the resolution is attached for your records. You may now proceed with securing a building permit. Please note that prior to issuing a building permit, both John and Patty must sign the official resolution on file at City Hall. Office hours at City Hall are 8:00 a.m. to 4:30 p.m., Monday through Friday. Thank you for your participation during this process, and good luck with your project. VOTE: 4 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as: NA The process is now complete If you desire certified copies of the official City Council minutes, they are available from the City Clerk after review and approval by the City Council. If you have questions, please contact Ben Gozola at bqozo/a@mfra.com or 763-746-1650. \ 'i i Orono City Council Agenda Item Executive Summary & Report Update Title of Ite m: VARIAN CE REQUESTS: Application for a 75 ' -250 ' zone hardcover variance to allow 27 .12% hardcover where 28.16% currently exists and 25% is normally allowed , and a 4 ' variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road . File # & Address: [12-3545] 2807 Casco Point Road Meeting Date: 3-12-12 Staff/Guest Reporting: Ben Gozola, City Planner Executive Summar Staff Overview: The applicant is proposing to add a screened porch on the western side of the home while simultaneously removing existing areas of deck and patio. The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The proposed improvements would result in a net reduction in overall hardcover , and both staff and the planning commission have concluded the addition will not block lake views protected by the average lakeshore setback requirement. To proceed with the proposed project, the applicant is seeking a 75' -250 ' zone hardcover variance to allow 27 .12% hardcover where 28.16% currently ex ists and 25% is normally allowed, and a 4 ' variance to the average lakeshore setback requirement. Engineering has reviewed the submitted plans and has not identified any issues that cannot be addressed with conditions . Stafrs analysis concluded that all variance criteria for the proposed improvements can be met with conditions. Commission The Planning Commission agreed with staffs analysis , and unanimously Recommendation: recommended approval (6 -0 -0) of both requests subject to a number of conditions being met. List of AJ Prop erty location map Attachments: BJ Draft R esolution of Approval CJ Planning Commission R eport & Exhibits DJ PC Draft Minutes F ile#: 12 -3545 Page 2of4 Variance R eFiew: 2807 Casco Point Road City Counci l Update: 3-12-12 Main Issues I The facts surrounding both of the requested variances are very straight forward and Findings: are not anticipated to raise many questions. The following summarizes the key points regarding the validity of each request: Hardcover Variance • Overall nonconforming hardcover on the property will be decreasing as a result of the proposed project. • The identified net decrease in hardcover does NOT include removal of the plastic under landscaping denoted on the survey. Removal of this additional 365 square feet of hardcover will be IN ADDITION TO the identified hardcover improvements . Average Lakeshore Setback Variance • The average lakeshore setback requirement is designed to protect the prominent lakeshore property views on the lake-facing sides of homes. In the following graphic, you can clearly see that any construction forward of the average lakeshore setback line would block a prominent lakeside view of a neighboring home . Also note that conforming construction in side yards is typically not subject to scrutiny under this requirement. Co nforming side yard expansian il r ea s lB ............. ; B i iB B Averagelakeshore . "C.-_:::.".".:::.".T ' '\'.':.::.":.:::.".'r" .. .".":.::.":.:::." . ·setbaciiTine • In this case , the subject home and the neighboring home are located on the curve of the peninsula/road such that the neighboring home's prominent lakeside views point away from the proposed building area (which is in a conforming side yard location and is significantly setback from the lake in relation to the rest of the house). Fifeil: 12-3545 Page 3 o./4 V11ria11cc Re1'ie1v; 2807 C11sco Point Road Ci(l' Cu1111cil Update: 3-12-12 (cont.) • The adjacent neighbors have been in contact with one another throughout the planning of this addition, and it is our understanding that both are comfortable with what is being proposed. The neighbor to the NW did not attend the public hearing, nor did they provide any written comment for consideration. Both neighboring property owners signed forms indicated they were aware of the proposal. Resident I There have been no resident concerns raised about the proposed improvements. Concerns: 0 tions & Recommendations The applicant is seeking approval of a 75' -250' zone hardcover variance to allow 27 .12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement. Options: The City Council has the following options: A) APPROVE THE PREPARED DRAFT RESOLUTION OF APPROVAL FOR THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). B) DIRECT STAFF TO PREPARE A RESOLUTION OF DENIAL FOR THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). C) TABLE THE ITEMS and request additional information. • Based on an application date of 1-18-12, the 60-day review period for this application expires on 3-18-12. This deadline can be extended an additional 60-days if more time is needed. Rec0111111endations: I Staff and the Planning Commission are recommending approval of the variances with conditions. Template Denial • Motion: (twt recommended) • Template Approval • Motion: RECOMMENDED "I move to direct staff to prepare a resolution of denial for the requested variances based on the following findings of fact:" (provide findings to support your conclusion) "I move to approve the draft resolution of approval for the requested hardcover zone variance and average lakeshore setback variance based on the findings of fact listed in the report analysis. Furthermore, the approval shall include the conditions listed within the staff report as may have been amended here tonight." File#: 12-3545 Page4of4 Variance Review; 2807 Casco Point Road City Council Update; 3-12-12 Recommended I. The applicant shall obtain all necessary permits and approvals from the City Conditions: and other applicable entities with jurisdiction prior to any construction. 2. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 3. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application, and existing drainage patterns shall be maintained except as authorized by the City Engineer. 4. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 5. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 6. The City Engineer shall have the option to inspect the property at the applicant's expense during the construction process to ensure on-going compliance with all engineering requirements. 7. The variance shall expire one year from the date of resolution. cc: Jean Andre LaTondresse, Applicant's Representative John & Patty Bailey, Property (Jlvners Location within the City of Orono Council Exhibit A 2807 Casco Point Road Orono, MN ,. , l/' .. ! . ? A RESOLUTION GRANTING A 75~ --:__ 250' HARDCOVER ZONE ' " ' VARIANCE FOR A PROPOSED ADD{TIOlY AND AN AVERAGE LAKESHORE SETBACK V ARIA~CE ON T_H~ P~QPERY LOCA/I'Ep AT 2807 CASC(? POINT ROA D ' " ) y ... ,. r ' FILE NO. 12-3545 ; '• / WHEREAS, John M. Bailey and Patty b .. Bailey, a' married ··couple (hereinafter the "Applicants") have an interest in the property generally located af2807 <Zasco Point road within the City of Orono (hereinafter the "City''.) ~hi9h is-legally 'described a s· follows: ; I • / / , LEGAL DESCRIPTION OF PREMISES: ' 1 ' _;; Lots 123 and 124, · , , , ,; That part of Lake Shore Avenue, vacatec;I, lying between the extensions across it of the Southeasterly line oflot 123 and the Northwesterly line of Lot 123; That part of Lake Shore Avenue, vacated, lying between the extensions across it of the Southeasterly line of Lot 124 and line extending from the most Westerly comer of Lot 124 to ttie m'ost Northerly comer of the tract of land across from Lot 124 on the opposite side of Lake Shore Avenye as designated and defined in the instrument of dedication on ~he plat of Spring Park That tract of land across from Lot 123 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; . That tract of lane;! across from Lot 124 ·on the opposite side of Lake Shore Avenue as designated and defined in th~,instrument of dedication on the plat of Spring P.ark; That part of Lot 126 described as beginning at the Northeast comer thereof, thence Westerly along the Northerly line thereof 20 feet, thence Southerly parallel to the Ea~terly line of Lot 126 a distance of 38 feet, thence Easterly to a point on the Easterly line of Lot 126, distant 38 feet Southerly along the Easterly line of Lot 126 from the Northeast comer of Lot 126, thence Northerly along the Easterly line of Lot 126 to;the point of beginning; Spring Park • · ', /. (hereinafte1: the "Property"); and· WHEREAS,· the Applicants have made application to the City of Orono for a variance to permit 27.1'2% hardcover in the 75' -250' hardcover zone where 28 .1 6% currently exists and 25% is normally allowed; and WHEREAS , the Applicants have also made application to the City of Orono for a variance to permit construction of a proposed addition four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File 12-3545. 2. The Property is located in the One Family LakeshoreResidential District (LR-lC) and is included within the shoreland overlay district which regulates hardcover based on distance from the OWH of Lake Minnetonka. 3. The Applicants are proposing to expand the existing home on the Property to increase livable space, while simultaneously removing existing structure and hardcover such that the net result will be a 1.04% reduction (171 square feet) in overall hardcover. 4. In addition to the proposed 1.04% reduction in hardcover, the Applicants will be removing 365 square feet of illegal plastic under landscaping as a component of the proposed project. 5. The existing home iscurrently twelve (12) feet beyond the average lakeshore setback line (the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots). 6. The proposed addition will be four (4) feet beyond the average lakeshore setback line. 7. The Property is located .at a point where the peninsula curves which results in the neighboring home's.prominent lakeside view being oriented away from the subject home and the proposed addition location. 8. The Planning Commission reviewed this application at a public hearing held on February 21, 2012 and unanimously recommended approval of the requested variances based on the following findings; a. The proposed addition will not impact light and air from reaching adjacent properties, and results in a home that is still conforming to structural coverage maximums. b. The proposed addition will not block prominent lake views from the lakesides of the neighboring homes. c. Proposed improvements will result in a net hardcover reduction of 171 square feet (536 square feet including elimination of illegal hardcover), which will improve stormwater quality on the Property fulfilling a main goal in the comprehensive plan. Page 2 of 6 d. The proposed addition location and size is reasonable as it will be conforming to mass and side yard setback requirements, and will not block a prominent lake view currently enjoyed by the neighboring home. e. The location of this home and the neighboring homes are unique due to their positioning on a curve within the peninsula. f. The proposed addition will not alter the essential character of the locality. g. The Applicants are not proposing to construct the proposed addition solely for economic considerations. h. The location of homes in relation to the curve on the peninsula is a unique circumstance which differentiates the Property from others within the City of Orono. 1. Approval of the variance is necessary for the preservation and enjoyment of the Applicants' right to use the Property for a single-family dwelling conforming to allowable size requirements within a location conforming to the intent of code. J. Allowing the proposed addition will not impair the health, safety or morals of the community. k. Granting of the variances is necessary to alleviate a demonstrable difficulty ( e.g. conforming expansion of the home). 9. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community; 10. The City Council finds that the Applicants' requests 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 the requested variance to Orono Code Section 78-1288(a)(l) to construct an addition onto the existing home on the Property with 4,459 square feet or 27.12% hardcover in the 75' to 250' zone when 25% hardcover is allowed; and also grants the requested variance to Orono Code Section 78-1279(6) to permit construction of a proposed addition four ( 4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots; subject to the conditions listed below. 1. Council approval is based on the plan submitted by the Applicants dated January 10, 2012, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in Page 3 of 6 conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 75' to 250' zone shall be limited to 4,459 square feet or 27.12% per the proposed survey/site plan as depicted on Exhibit A. The Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hard9over will not likely be approved without concurrent reduction in existing hardcover. 3. The Applicants shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction. 4. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. · 5. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application, and existing drainage patterns shall be maintained except as authorized by the City Engineer. 6. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted, for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 7. The Applicants will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 8. The City Engineer shall have the option to inspect the Property at the Applicants' expense during the construction process to ensure on.::going compliance with all engineering requirements. 9. The variance shall expire one year from the date of resolution. Page 4 of 6 The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain oftitle of the Property. Adopted by the Orono City Council on the tih day of March, 2012. ATTEST: Linda S. Vee, City Clerk Property Owner STATEOF MINNESOTA COUNTY OF HENNEPIN Lili Tod McMillan, Mayor This instrument was acknowledged before me this_ day of _____ , 2012, by John M. Bailey, husband of Patty L. Bailey. Notary Public Page 5 of 6 Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this_ day of _____ , 2012, by Patty L. Bailey, wife of John M. Bailey. Notary Public Page 6 of 6 r-------------;:::::----------------.,:---~~-----Resolution I \ EXHIBIT "A" CERTIFICATE OF SURVEY FOR JOHN BAILEY IN LOTS 123 & 124, SPRING PARK f-:IENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OF PREMISES This su,vey shows the boundaries of the above described property, and the location or an existing house, garage, driveway, and all other visible "nardcover" thereon, and the topography of the pcoperty. II does not purport to show any other iml)(ovements or encroachments. •. Iron marker found ----i-4.t-edsting contour i ne Be.:irings &hown are based upon an assumed datum !.or ·----- OCSDE.D REVISION 0,. TE 0£SCRPTlON GRONBERG & ASSOCIATES, INC. ""'""' 11-366 Exhibit A 0 W ~ M I ' II II II I .' I , I I I I SCALE IN FEET I HEAEBV CERTIFY TW.T ltlS SURVEY, PlAH, ~ REPORT WAS PREPARED BY ME OR l!NOER MY DIRECT SUPERVlSIOU AHO ,1L7J./ SCALE 1"•20' DATE 1-10-IZ JOO HO. 11-366 Orono Planning Commission Agenda Item Executive Summary Council Exhibit C Title of Item: VARIANCE REQUESTS: Application for a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road. File #: 12-3545 (2807 Casco Point Road) Meeting Date: 2-21-12 Staff/Guest Reporting: Ben Gozola, City Planner Summary: The applicant is proposing to add a screened porch on the western side of the home while simultaneously removing existing areas of deck and patio. The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The proposed improvements would result in a net reduction in overall hardcover, and staff believes the addition will not block lake views protected by the average lakeshore setback requirement. To proceed with the proposed project, the applicant is seeking a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement. Recommendation: • APPROVAL: Staff believes this proposal can meet all requirements for a variance as outlined in code provided a number of conditions are met. • Template motions and recommended conditions of approval can be found on pages 9 & 10. List of Attachments: A) Property location map B) Staff Report & Recommendation C) Engineering Review Letter D) Property Survey E) Submitted Hardcover Calculations F) Proposed House Floor Plans & Elevation Drawings G) Adjacent Property Owners Acknowledgement Forms H) Application Forms I) Practical Difficulty Documentation Form J) Property Owners Mailing List Location within the City of Orono 2807 Casco Point Road Orono, MN MINUTES OF THE ORONO CITY COUNCIL onaay,March 12,2012 7:00 o'clock p.m. GDEPARTMENTREPORT -VARIANCE- *7. #12-3545 JOHN AND PATTY BAILEY, 2807 CASCO POINT ROAD-ARIANCE- RESOLUTION NO. 6120 Bremer moved, Franchot seconded, to adopt RESOLUTION NO. 6120, a Resolution Granting a 75- 250' Hard.cover Zone Variance for a Proposed Addition and an Average Lakeshore Setback Variance for the Property Located at 2807 Casco Point Road. VOTE: Ayes 4, Nays 0. CITY ENGINEER'S REPORT *8. STUBBS BAY RA VINE -PAY REQUEST NO. 1 / Bremer mo d, Franchot seconded, to approve Request for Payment No. 1 for the Stu}>~ay Ravine project, eterson Companies, Inc., in the amount of $87,149.66. VOTE: A { 4, Nays 0. *9. PURCHASE F TWO FLAT BED UTILITY TRAILERS Bremer moved, Franchot s onded, to approve the purchase of two flat ility trailers from Redi Haul Trailers, Inc., in the am nt of $10,914.15, and to approve disp al of the current utility trailers by public auction. VOT · Ayes 4, Nays 0. *10. PURCHASE OF NEW 3/4 TO PLOW PICKUP Bremer moved, Franchot seconded, to appr e the pu ase of a 3/4 ton pickup from Midway Ford in an amount of $23,967.60, and to approve dis f the current 3/4 ton pickup by public auction. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT McMillan noted she attended the T meeting and that the attendee were provided with basic information about the watershed a the impacts that the total maximum 'ly load regulations will have on local cities . McMillan noted is was a preliminary meeting and that it like will be a year-long process. McMillan stated the egulations will impact Orono. McMillan reported that 1e Long Lake corridor study is also underway and that currently ere are four projects anticipated fi the Long Lake corridor. McMillan stated the City will be receiving update on the Long Lake co dor study as things progress. ------------------Page 6 of 7 Orono Planning Commission Agenda Item Executive Summary Title of Item: VARIANCE REQUESTS: Application for a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road. File #: 12-3545 (2807 Casco Point Road) Meeting Date: 2-21-12 Staff/Guest Reporting: Ben Gozola, City Planner Summmy: The applicant is proposing to add a screened porch on the western side of the home while simultaneously removing existing areas of deck and patio. The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The proposed improvements would result in a net reduction in overall hardcover, and staff believes the addition will not block lake views protected by the average lakeshore setback requirement. To proceed with the proposed project, the applicant is seeking a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement. Recommendation: • APPROVAL: Staff believes this proposal can meet all requirements for a variance as outlined in code provided a number of conditions are met. • Template motions and recommended conditions of approval can be found on pages 9 & 10. List of Attachments: AJ Property location map BJ Staff Report & Recommendation CJ Engineering Review Letter DJ Property Survey EJ Submitted Hardcover Calculations FJ Proposed House Floor Plans & Elevation Drawings GJ Adjacent Property Owners Acknowledgement Forms HJ Application Forms IJ Practical Difficulty Documentation Form J) Property Owners Mailing List 5 MJ~ZpirtLJAf! !WJf.U·wJ- (tVL)vC v'U o h~~le--. /t;,lhlfrl frP rr ~ tZlf;b r-e?OfVL 5--0 p\:-(p[I - City of Orono Planning Department Variance Review To: Planning Commission From: Ben Gozola, City Planner Meeting Date: 2-21-12 Applicant: Jean Andre LaTondresse (JAL Architects Ltd.) Owner: John & Patty Bailey Location: 2807 Casco Point Road Zoning: LR-lC Proposed The applicant is proposing to place a screened porch onto an existing home. Project: Variance The screen porch addition would require the following variances: RequeSt (s): 1. A 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed. 2. A variance from the average lakeshore setback requirement as the proposed addition will be four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Issues/or • Consideration: Does the proposal meet all code criteria to qualify for the requested hardcover variance? • Does the proposal meet all code criteria to qualify for the requested average lakeshore setback variance? • The purpose of the average lakeshore setback variance is to protect views. Are views of adjacent neighbors being impacted? If so, can these impacts be mitigated or avoided? • Are there any other issues or concerns with this application? File#: 12-3545 Variance Re,·iew: 2807 Cosco Point Road Plmrning Commission Report_: 2-21-12 Findin s Site Data: • Lot Area/Width LR-lC i Required Actual Lot Area 21,780 squarefeet {0.5 acres) 26,623 square feet {0.61 acres) • Lot Area by Zone Area ___ Q' !<l 75' 10,}?2 sq11_a_[~[e_e_!f_Q.23 acres) 75' to 250' 16,441 square feet {0.38acres) • Existing Use -Single Family Dwelling Lot Width 100' 145' {OHW); 123'(Q_Hv\f setback)_ • Existing Zoning LR-1 C (One Family Lakeshore Residential District) • Property Identification Number (PID): 20-117-23-32-0014 Comp Plan • The comprehensive plan guides this lot for low-medium density residential. Guidance: Setbacks: • On page 3B-24, the plan identifies the following goals related to lakeshore residential lots: -The views and open space currently enjoyed by lakeshore property owners shall be protected. -The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as on the shape and topography of the lot. -The increase in massing of structures on the lakeshore shall be limited. ~------------------------------- LR-lC ______ ! Required __________ Existing_ Rear L_~O _____ ---~-_ 73.J_~---- ______ Proposed 73.5' West Side i 10 21.5' East Side Lakeshore Average Lakeshore ------·----------~-------·----·--------- ! 10 20' ---------------! --------------------- ! 75' 110' Structures must stay behind the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots The existing home currently extends twelve (12) feet beyond average setback line (legal non- __ conforming) 21.5' 20' 110' The proposed addition will extend four (4) feet past the average setback line Page2 File#: 12-3545 Variance Re,·ie1\'; 2807 Casco Point Road Plm111i11g Commission Report: 2-21-12 Shore/and ■ The subject property IS within the shoreland district. The requested hardcover Issues: variance directly relates to the hardcover zone requirements in the shoreland district. Lot ■ In this case, the existing home is conforming to maximum lot coverage regulations Coverage: (structural), and the proposed addition will not change this fact. ■ Structural Coverage Total~~~:::l!i~632:;u:;:':.:,::5%l··- Prni:,os~~J 3~3~~9uare_f1=et {11.799-6) ■ Note that the screen porch addition is slightly offset by the elimination of half the deck and staircase to the NE of the proposed addition. Hardcover ■ Analysis: Hardcover within the [O' to 75'] zone (10,182 square feet) is prohibited with limited exceptions for driveways, stairways, lifts, landings and lockboxes. The existing features within this area (patio, deck, steps, rock wall and rock boarders) are not being challenged at this time, but would be reviewed if/when the applicant seeks to do work in this area. No new hardcover is proposed in this zone as a result of this application. ■ Hardcover within the [75' to 250'] zone (16,441 square feet) is limited to 25% of the zone area. Existing vs. Proposed hardcover within this zone breaks down as follows: Area within the zone: Hardcover within the zone: EXISTING 16441 4630 28.16% House and Porch 2180 ----------- Garage 496 ___ __Drivev,;ay and walkway _____ !q~~ _ Sidewalk (House & Garage entrances, brick) 63 ----------------------- De ck 224 Patio ------------------------------- Landscaping (*does not count towards "existinfj"as it is ille_f}_CJ_lha~1cCJv_e_r) Boulders 423 365 67 82 ---+--- PROPOSED 16441 4459 ----'--------~-------- 2180 496 1095 63 107 0 0 67 82 ---------------- 27.12% ----------- (-117) (-423) (-365) 0 -------------)--_______ ?86 ---(+286) £Jar Grates and Steps 0 0 14 __ (+14) -·- 69 (+69) -- Page3 File#: 12-3545 Variance Rcl'ie:iv; 2807 Casco Point Road P/a1111i11g Commission Report; 2-21-12 Flood Plain I ■ Issues: Building ■ Height: The proposed improvements are all outside of the floodplain for Lake Minnetonka. The maximum height of structures in the LR-IC district is 2.5 stories which shall not exceed 30 feet in height. ■ The proposed addition will be essentially 1.5 stories tall-well in conformity with the code requirement. A lication Review: Applicable Dwelling means a building or one or more portions of a building designed or intended Code to be occupied exclusively for residence purposes, but not including rooms in motels, Definitions: hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Hard cover means any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Primary ■ Applicable Codes: Section 78-1279(6) which requires that structures be no closer to the lake than an average setback line defined by the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. ■ Section 78-1288(a)(l)(b) which dictates that hardcover within the 75' to 250' hardcover zone not exceed 25% of the land area within that zone. Variance By state statute, there are three definitive criteria that all variances must address: Review: consistency with the ordinance, consistency with the comprehensive plan, and the establishment of "practical difficulties." Staff's analysis of these criteria and the specific requirements listed in city code is as follows: (1) The request is in harmony with the general purposes and intent of this ordinance. ■ The two requests propose to expand a residential structure in an orderly manner which protects light & air access for adjacent properties, does not block prominent lake views from existing neighboring homes and results in a home conforming to bulk maximums. The existing legal nonconforming hardcover status is also being improved. Staff believes this criteria is met for both requests. Page4 File#: 12-3545 Variance Re view: 28 07 Cosco Po int R oad P la nn in g Cv111111 iss io11 Report; 2-2 1-12 (cont.) (2) The variance is consistent with the comprehensive plan. ■ The comprehensive plan supports reasonably sized and well placed homes in residential lake shore areas . Because the overall massing is conforming to code requirements, and because the addition within the setback will not block prominent lake views from existing neighboring homes, we find the proposal is in line with redevelopment anticipated by the comprehensive plan. Furthermore, the removal of an existing patio and a portion of an existing deck will improve the water quality on the site as overall hardcover will be reduced by 171 square feet (536 square feet if you include removal of the illegal landscaping hardcover). Staff believes this criteria is met for both requests. (3) The property owner in question proposes to use th e property in a reasonable manner, however, the proposed use is not permitted by the official controls. • The property owner is seeking to expand the existing home into a size allowed by code with the addition of a screened in porch. The requested location of the porch is reasonable given the existing home footprint and the orientation of the home to the NW away from the proposed building location. The existing legal nonconforming hardcover cannot be addressed short of working with the prope1ty owner through this type of improvement, and the proposed hardcover reduction of 536 sq ft (including illegal hardcover removal) is appropriate and represents a win-win for the prope1ty and the City. Staff believes this criteria is met for both requests. The promenent lake views for the adjacent home are oriented away from the area of the proposed addition. Pag e 5 File#: 12-3545 V11ria11cc Revieiv: 2807 C11sco Point Road Pla1111ing Commission Report; 2-21-12 (cont.) (4) The plight of the landowner is due to circumstances unique to his property not created by the landowner. ■ The existing landowner is not responsible for the location of the neighboring homes which results in an average lakeshore setback line that does nothing to protect the prominent views for the home to the NW given the curvature of the point and the orientation of the neighboring home. Moreover, the existing legal nonconforming hardcover predates the current homeowner. Staff believes this criteria is met for both requests. (5) The variance, if granted, will not alter the essential character of the locality. • The lot will still be the locale for a single family dwelling which is consistent with all other surrounding uses. Inclusion of the proposed screened porch will not impact adjacent lake views, and will not result in the home being too large according to code. The proposed reduction in hardcover will bring the property into greater conformity with code thereby bringing the property into greater conformity with the general character of surrounding lots that do conform to all requirements. Staff believes this criteria is met for both requests. (6) Economic considerations alone do not constitute practical difficulties. • The improvements are proposed to increase the livability of the home by adding on a screened porch which is an extremely common accessory structure for a lakeshore residential dwelling. The proposed changes do not appear to be proposed simply for economic gain. Accordingly, staff believes this criteria is met for both requests. (7) Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minn. Stat.§ 216C.06, subd. 2, when in harmony with this chapter. • Staff believes this criteria is not applicable to this request. (8) The board 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. • Staff believes this criteria is not applicable to this request. (9) The board or council may permit as a variance the temporary use of a one family dwelling as a two-family dwelling. • Staff believes this criteria is not applicable to this request. Page 6 File#: 12-3545 Variance Re\'ic.Y\t': 2807 Casco Pui11t Road Pla1111i11g Cummission REport: 2-21-12 (cont.) (10) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. • The average lakeshore setback line is well suited to address side-by-side residences along a straight lakeshore. In this case, the property in question is adjacent to a property which sits on the curve of the peninsula which results in the neighboring home's primary lake views being orientated away from the subject property and the proposed addition location. While the existing home is currently twelve (12) feet past the average setback line and the proposed addition will be four ( 4) feet past the line, Neither the existing structure nor the proposed addition impact prominent lake views. As such, we do find the circumstances on this lot to be peculiar to justify the average lakeshore setback variance. Staff believes this criteria is met for both requests. (11) The conditions do not apply generally to other land or structures in the district in which the land is located. • The combination of the curve of the peninsula negating potential lake views and the long-standing amount of hardcover on this property are a combination of facts not generally applicable to most properties in the LR- 1 C zoning district. Staff believes this criteria is met for both requests. (12) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. • The applicant's desire to expand the home in a manner which conforms to the city's massing requirements while not infringing upon the intent of the regulation to protect lakeshore views shows the requested variances are necessary to grant enjoyment of a substantial property right of the applicant. Staff believes this criteria is met for both requests. (13) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. • Staff did not identify anything in the request to suggest the proposed addition will impair the health, safety, comfo1i or morals of the community. Staff believes this criteria is met for both requests. (14) The granting of such variance will not merely sen1e as a convenience to the applicant, but is necessa,y to alleviate demonstrable difficulty. • The requested variance is necessary to permit a lessening of overall hardcover and an expansion of the existing structure to a size and location which conforms to the intent of code. Staff believes this criteria is met for both requests. VARIANCE RECOMMENDATION: After reviewing all criteria in code, staff believes the requested variances should be approved with conditions. Page 7 File#: 12-3545 Voricmcc Rn,iew: 2807 Casco Point Road P!u1111i11g Commission R,port; 2-21-12 Resident I • Concerns: Additional • Information: Staff is not aware of any resident concerns regarding this land use request. The 365 square feet of hardcover created by plastic under landscaping is illegal hardcover and was therefore required to be removed, but was not counted towards the "existing" hardcover reflected in this report. Even with this change, the proposed project will still result in a net reduction in overall hardcover on the property. Engineering Bolton & Menk reviewed the plans (dated 1-20-12) for the proposed house addition Report: for 2807 Casco Point Road, and had the following comments with regards to engineering matters: • This project will disturb more than 100 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. • Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements. • Existing drainage patterns need to be maintained. • The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. Conclusion: The applicant is seeking approval of two variance: 1) A variance for overall hardcover within the [75' to 250'] zone to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed;and 2) A variance from the average lakeshore setback requirement as the proposed addition will be four (4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Options: The Planning Commission has the following options: A) RECOMMEND APPROVAL OF THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). Page 8 File#: 12-3545 Variance Rel'iew: 2807 Casco Point Road Planning Commission Report: 2-21-12 (cont.) B) RECOMMEND DENIAL OF THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). C) TABLE THE ITEMS and request additional information. ■ Based on an application date of 1-18-12, the 60-day review period for this application expires on 3-18-12. This deadline can be extended an additional 60 days if more time is needed. Template Denial • Motion: "I move to recommend denial of the requested variances based on the following findings of fact:" (twt recommended) (provide findings to support your conclusion) Template Approval • Motion: "I move that we recommend Council approve the requested variances based on the findings of fact listed in the report analysis. Furthermore, the approval shall include the conditions listed within the staff report as may have been amended here tonight." RECOMMENDED Recommended 1. The applicant shall obtain all necessary permits and approvals from the City Conditions: and other applicable entities with jurisdiction prior to any construction. 2. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 3. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application, and existing drainage patterns shall be maintained except as authorized by the City Engineer. 4. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 5. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 6. The City Engineer shall have the option to inspect the property at the applicant's expense during the construction process to ensure on-going compliance with all engineering requirements. Page 9 File#: 12-3545 Variance Review: 2807 Casco Point Road Plu1111ing Commission Report_: 2-21-12 (cont.) 17. The variance shall expire one year from the date of resolution; City Council approval will be required for any subsequent extension. cc: Jean Andre LaTondresse, Applicant's Representative John & Patty Bailey, Property O¼mers Page JO @ E:3C>LTC>N & IV"IENK, INC ® Consulting Engineers & Surveyors January 30, 2012 City of Orono Attn: Melanie Curtis PO Box 66 Orono, Mn 55323 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com RE: Zoning Application 12-3545 2807 Casco Point Road House Addition Dear Melanie: As requested, we have reviewed the submittal package, dated January 20, 2012, for the proposed house addition at 2807 Casco Point Road. Based on our review, we offer the following comments for your consideration: I. This project will disturb more than 100 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. 2. Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements . 3. Existing drainage patterns need to be maintained. 4. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. -n~'P. t{'r;~ David P. Martini Principal Engineer DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opp01tunity employer CERTIFICATE OF SURVEY FOR JOHN BAILEY ·--- IN LOTS 123 & 124, SPRING PARK HENNEPIN COUNTY, MINNESOTA This survey shows the boundaries of the abOve descr1bed property, and the location of an existing house, garage, drivew-ay, and au other visible ''hardcovet' thereon, and the topography of the property. II does not purport to show any other improvements orencroadlmeots. •. Iron marker foood ---440:-Existing contour ine Bearings 6tlO'M'l are based upon an assumed datum D£SlCtEO REVISION CATE OCSCRPTIOH DRAWN CHECKED l--4-----Jl---------------1 11-366 GRONBERG & ASSOCIATES, INC. 445 N. WILLOW OR LONG LAKE, MN. 55356 9S2-473-41 ◄1 0 20 40 80 111111111 _1 11 11 I I SCALE IN FEET I HERE8YCERTIA' THAT THIS SURVEY, Pl.AH,~ REPORT WA.S PREPARED DY ME OR ~tlOER MY DIRECT SVPERVISIOU AHO .1'-7J.f SCALE 1"•20' DATE 1-10-1Z JOO NO. 11 -366 J .. o,rt>I, ~A-1t,&',f :5pt2,1N6 'PA,,z.. (<., 1;11/r;.. HAR~ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER lt-.J ZONE A. House X = S.F. Lenglh Width X = S.F. X = S.F. B. Garage X = S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. ' 4-~I E. Patio/Deck 4 ';21CP,2 X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. By Plastic X = S.F. G. Retaining e.o(.,11.. VJ A.l.~L, X = 41 S.F. Walls H. other i~cx.1!. :B1,1?..J>fi·1?.. ,s., X = 44-S.F. TOTAL HARDCOVER IN ZONE 6/&, S.F. A TOTAL PROPERTY AREA IN ZONE /0/E,2.. S.F. B A 510 + B I Olf:'/2 X 100 = '3,oz % PROPOSED HARDCOVER IN ZONE A. House X = S.F. Lenglh Width X = S.F. X = S.F. 0 Q N z B. Garage X = S.F. w .-~ c::, > N C. Driveway S.F. -ro 0 X = w -IL, X = S.F, 0 w z 0 D. Sidewall< X = S.F. a: ~ r: X = S.F. ..... 0 E. Patio/Deck X = S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. LC\ By Plastic X = S.F. G. Retaining X = S.F. ~ Walls LC\ H. Other X = S.F. TOTAL HARDCOVER IN ZONE S.F. A "" TOTAL PROPERTY AREA IN ZONE S.F. B * A + B X 100 = % )Oft A( BA11--6y Sp QI 106 :p 1\-P-.{(_ '/17/12. HARDCOVER CA~ION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House i' /c,,t<:t./ X = 2/80 S.F. length Width X = S.F. X = S.F. B. Garage X ::: 4-jh S.F. C. Driveway ~ c~-•&, 1< n .. • t.u,1,1 \ ) X = I b 6115" S.F. X = S.F. I/Sc E:. hll~ 4.4. D. Sidewalk 6Al't(:tJ T" X = S.F. Bti,tc,;1-(. .. X ::: 12 S.F. E. Patio/Deck Dcc../L X :::: '2-2.4-S.F. 'P·lr'TI() X :::: '?t '2,e, S.F. F. Landscape X = ;;Sb.5 S.F. Underlain X = S.F. By Plastic X = s.r-. G. Retaining 130 u L-J)bn.:5 X 2.3 +1 O IStJ-= b7 S.F. Walls H. Other J3on..[)&(l.S X 2;!, + 3tc. ➔ 10+10 ➔'3 = 52.. S.F. TOTAL HARDCOVER IN ZONE 4915 S.F. A TOTAL PROPERTY AREA IN zo1,JE HA,.,4·1 I /; ~~I __ S.F. B I\ 4-~9S + B X 100 = ___ 30:3s ¾ PROPOSED HARDCOVER IN ZONE A. House X = S.F. /,·DD rr(o1,) Length Width X = +2Sb S.F. (. X = S.F. 0 B. Garage S.F. Q N z X = w ...... ~ c:> > N C. Driveway X = S.F. -(0 0 X S.F. w "t--u., = u l!ll z 0 D. Sidewall< X = S.F. .a: ~ f: X ::: S.F. 0 E. Patio/Deck X = -117 dw..s.F. X = -4-ZJ ,12.Qf1.z2. S.F. F. Landscape «'r."1111'//1: /LAJ71C t,1.t<·rlr'Y,,/!O-Ck, = -.7CS S.F. LC\ Underlain X = S.F. By Plastic X = S.F. G. Retaining t,,J1tJDow v-lc-U, X ,'/M Bel2.5_ = + 14-S.F. ~ Walls LC\ H. Other X = S,F, ~ TOTAL HARDCOVER IN ZONE 4--3'.;9.(j__ S.F. A TOTAL PROPERTY AREA IN ZONE l l:,f~I S.F. 8 =t4= A 43CJr;, + B I 1P4-fk I X 100 = ___ :2,.6 .1·0 % ,1/tlT(S : 6,ut C1l IIT/1V C. , nv:-.,,,r ()):' CY J"~.,=-r A.Jt'IT ll•~'C(, 1 ✓~1 II A 11.(/ C't'II vl{ • ... _ fL-OOfL fi,,A-N ~--w,•,1~0• "''"'lflON --» 7• Ii-'•,,, --+-t----EXTEND EXIST. STOOP --------t , ll • 1(1 ., !l RECEIVED JAN 18 2012 CITY OF ORONO #354'5 LAKE SIDE SETBACK I' 0 I ~o Dale: J-'NIJA.«Y 11 2012 PROJECT I ... ' 11.10 I - RECEIVED JAN 18 2012 CITY OF ORONO lb _[_ t I I I I I •i -ll . I.\ _, #3545 : -1---. I I -- 11 I ' H=--- . : I ; ~ -•----- ·t=t L-1 I RECEIVED JAN 18 2012 ~ . t--ii ~i~ ~-zi ~~<.1 ~~1--~hi " ~~, Q,\ ~ .s ' ~ . I -:r I ,.: I a I "_ --1 -- 1 t 0. t ' 0 L • T . .,. ::-- 1 ., j I I I . I 5 I l I ~ ' 1 ~ ! I ~ I I :r ! ~ f ~ ~ Jan.11.2012 04:55 PM hwarz Bldrs Inc/JAL Arc 952476( ;) AOJAC.ENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM · t (we) Roger & Curole Frommelt (print narne(s)J of 2805 Casco Point Road {print address] PAGE. 2/ 5 have reviewed the plans for the proposed improvement or proposed use of the property located at 2807 Casco Point Roay_ also referred to as Land Use Application No. __ _ I (we) understand that In executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to conOrm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ~;;;~ 1/11/12- I (we) ____________ of ________ ~-- (print name($)] [print address) have reviewed the plans for the proposed Improvement or proposed use of the property located at ----~---also referred to as Land Use Applicatlon No.--~ I (we} understand that In executing this act<no'Nledgament, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council tha\ I (we) am (are) aware of the Improvement plans and that the proposed neighbor's project or 1Jse requlr(ls Council approval. Property Owner Property Owner Dale Dale If you have any information that may aasist the City in the review of this Land Use Application, please submit your comments to Iha Building & Zoning Office at least 10 days prior to the scheduled meeting date. !RECEIVED JAN 1 8 2012 # 3 C 4 C crrv OF ORONO . :; :J ADJACEN'1 t'ROPERTY OWNERS' ACKNOWLEDGEME:i..if FORM · I (we) Theresa A. Norstecl [print name(s)] of 2811 Casco Point Road [print address] have reviewed the plans for the proposed Improvement or proposed use of the property located at 2807 Casco Point Road also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the prqposed neighbor's project or use requires Council approval. _ _,/✓~4/04/4" ~j,/ / /4 / ;{__ Pr6perty Owner Date Property Owner Date I (we) _____________ of __________ _ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the properly located al· _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. . Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -14 -RECEIVED JAN 1 8 2012 CITY OF ORONO #3-545 C it y of O ro no ~Ec eivEo Pre-App li cat ion Meet i ng Fo tm0~;~!~~0 (This form is to be completed by a City Planner during your pre -application meeting.) What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opporlunfties or problems for the proposal. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road Orono MN 55391 Property Identification Number (PIN): -=-20"'---=l-"-l 7'---,.,=_3'--_"""'32"---"--00"'"'l'--'4 _____________ _ Zoning District: LR-lC Size of Property: 26,814 s.f./.62 acres DESCRIPTION OF REQUEST: □ Average Setback D Side Yard Setback D Hardcover 0 '-75' ls:l Hardcover 75'-250' D Lot Coverage □ other: □ Lot Area □ Rear Yard Setback □ Hardcover 250'-500' □ Lot Width ls:I Lake/Front Yard Setback D Hardcover 500 '-1000' Applicant'(. . PRACTICAL DIFFICULTIES: Applic~mt and/or Owner has received the Practical Initials: c ... · ·· ·-·Difficulties Documentation Form, understands ii as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application . Applicant' BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: -· ... ·-.. __ "incurred in review of this application and/or additional staff time not covered in owner's __ t,J~ initial application fee, as well as provide an escrow in the amount of Initials : v $ to guarantee payment of the above . OTHER INFORMATION: • 9 -#3545 City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Malling Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# I L -. ~)4~ Date Received: I -I~ -17_ Staff: (.,..,J"---'A[\_;__ ____ _ Fee: _$:,:...:7...,co--=-o ______ _ Renewal: _$:,:...:3:;.::5..:..0 _____ _ After-the-fact: $1,400 Double Fee Escrow Fee: $600 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will .nQ! be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road, Orono, MN 55391 Property Identification Number (PIN): 20-117-23-32-0014 Date Property Acquired (month/year): 5/93 D Yes, I own the adjacent parcels. Zoning District: LR-lC -""-"-'-'---------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Jean Andre L'l.Tondresse AIA, JAL Architects Ltd. Phone (home): (Cell): 952 201 6076 Phone (work): --"'9-=52=---'-'40""""4,_,1'"""'6=65"'--------- Complete Address: 307 Manitoba Avenue City, State & ZIP Wayzata, MN, 55391 Email: jalarch@mcleoclusa.net Fax: _.::;9..:::5=-2_,_47..:...;6~9::....:9:....4!.::.9 _______ _ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: John & Pattv Bailey Phone (home): 952471 8776 Phone (work): (John Cell): 612 860 0651 Complete Address: 2807 Casco Point Road, City, State & ZIP _0_1 __ ·0--no-'-','-'-M"""N_5_5_39--1;....._ _______________________ _ Email: johnbailey1942@gmail.com Fax: ---"n=o=n~e _________ _ DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): Owners request permission to construct a screened porch midi tion attached to their existing home. Their current hard cover (75' -250') is al variance to ordinance. An objective of the project is to reduce this hardcover as much as is practicable. Hard cover will be reduced from 30.38% to 26.7% by reduction of patio and deck areas and by confirming plastic sheeting is removed from under gravel mulch areas. In addition, the property is located on the outside of a dog-leg turn in Casco Point Road; this causes the lake set back line connecting the adjacent homes to fall approximately twelve feet into the existing home (see EXHIBIT B). The proposed porch is located approximatelv ten feet back from the lakeside face of the house but still falls beyond the lake setback line which cuts across the property at a sharp angle. -12 - RECEIVED .IMI 1 8 2012 CITY OF ORnl\ln #3545 REQUIRED SUBMITT ALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered In the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until It is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. • Some or all of the Information that you are asked to provide on this application Is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. -.. our purpose and intended use of this information is to annually update our records and records of othei/go~ernmental agencies required by law. If you refuse to supply the information, the appiicaUo may n6t be ssued . . ·· \ ,) .. _ ...... •·•···· ... " ···•···• .. Applicant's Signatu~·-·-··-···· : ' ,\_.,_.~ _ _g_ate: /·-//J-/2.... Applicant's Signature: ------..0..,.-----Date: \.___ \ ~ t. ~7/1/~~ate: ~~~Date Owner's Signature: Owner's Signature: I-I f -'l"L I • RECEIVED -13-.• IAM 1 e 2ri ') CITY OF OH.ONO #3545 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted, The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified, The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." NIA 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." See Items 8 and 10 below. 3. "The variance, if granted, will not alter the essential character of the locality." Proposed screen porch is designed to continue the architectural character of the existing house. It lies approximately ten feet back from the lakeside face of the house and behind a line connecting the corner of the house with the house to the side where the porch is to be built. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." NIA 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." NIA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." The proposed use complies fullv with permitted uses within the LR-IC zone. -15 - RECEIVED .IAM 18 2012 CITY OF ORONO #3545 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." NIA 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The properly is localed on the outside of a dogleg tum in Casco Point Road. The next hollle to the west lies ±45°around the bend in the road. This places the setback line connecting adjacent hollles well into the hollle located on this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." True · 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." But for the unique geometry of the dog--leg turn in the roadway and the degree to which the neighboring prope1ty lies approximately 45° around the comer from this property, the proposed improvement would not require a vmiance except for preexisting hardcover issues. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." True 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Owners currently have an outdoor patio in this location but find their ability to use this living and entertaining space greatly limited by ll\osquitoes during much of the outdoor living season. Except for the alreadv explained geometrv, there is no reason they should not be able to make this improvement to their property in order to overcome this limitation. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets If necessary): The other reason the proposed improvements require a variance is that the property is alrcady•in va,iance to hardcover limitations. Because of this any improvement would require a variance. One of the benefits of the proposed project would be that hardcover will be reduced to the maximum pmcticable degree. RECEIVED -16 -·.16~1 18 2012 <OITV OF ORONO l~~1Bi1 1'f," t--ettA<-l)t:${,./LJ. f" r,o .~ Certificate of Title Certificate Nu111ber: 796239 Transfer From Certificate Number: 741452 Originally registered October 8, 1921 Volume:71, Certificate No: 22753, District Court No: 2118 State of Minnesota County of Hennepin This is lo certify that } S.S. Registration RECEIVED> JAN 18 2012 CITY OF ORONO John M Bailey and Patricia S Bailey, whose address is 2807 Casco Point Road, Orono, Minnesota, married to each other, as joint tenants, are now the owners of an estale in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lots 123 and 124, That part of Lake Shore Avenue, vacated lying between the extensions across it of the Southeasterly line of Lot 123 and the Northwesterly line of Lot 123; That part of Lake Shore Avenue, vacated, lying between the extensions across it of the Southeasterly line of Lot 124 and line extending from the most Westerly corner of Lot 124 to the most Northerly corner of the tract of land across from Lot 124 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; That tract of land across from Lot 123 on the opposite side of Lake Shore Avenue as designated and defined in the Instrument of dedication on the plat of Spring Park; That tract of land across from Lot 124 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; Thal part of Lot 126 described as beginning at the Northeast corner thereof, thence Westerly along the Northerly line thereof 20 feet, thence Southerly parallel to the Easterly line of Lot 126 a distance of 38 feet, thence Easterly to a point on the Easterly line of Lot 126, distant 38 feet Southerly along the Easterly line of Lot 126 from the Northeast corner of Loi 126, thence Northerly along the Easterly line of Lot 126 to the point of beginning; Spring Park; Subject to the Interests shown by the following memorials and to the following rights or encumbrances sot forth In Minnesota statutes chapter 608, namely: 1. Liens, claims, or rights arising under the laws of the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title; 3. Any lease for a period not exceeding three years, when there Is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; . 5. Such right of appeal or right to appear and contest the application as is allowed by law; G. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514,01 to 514.17. Memorials Document Document Date of Filing Nllmber Type Month Day, Year Time Amount (S) Running in Favor or 2062391 Mortgage Dec 26, 1989 10:00 AM $184,000.00 Rosewood Mortgage Corporation Roseville, MN Washington Square Mortgage Company 2062392 Assignment of Dec 26, 1989 10:00 AM 4500 Westown Parkway Mortgage West Des Moines, IA Assigns document no(s). 2062391.0 Northern Lile Insurance Company (a WA corp) Assignment of c/o Washington Square Mortgage Company 2109728 Mortgage Jul 12, 1990 3:00 PM 4500 Westown Pkwy. West Des Moines, IA Assigns document no(s). 2062391.0 Certificate Number: 796239 This is a non-certified copy ~ ··-·-_:::::::t=-::-~. ::. ··-=--====-=== ~ ==--=--====-----==e--======··=···-=-~~ Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 20 -117-23-23 20 -117 -23 -2 f for morei nformatlo~-~~ntact:- 1 Hennepin County_ GIS Division 300 South 6th Street j Minneapolis, MN 55487 gls. inlo@co.hennepin.nm.us I Map Comments: II~ r-:12807 CASCO POINT RD I !ORONO, MN I I I I I I I 1t J Print Date: 1/12/2012 Map Scale: 1" = 139' Buffer Size: 150 feet I ---·-------- Map Legend: Witter M<ljor Ro<1ds P<11·I< Mino, Roil<ls Pilrce( II Buffer Reiion .. ,.~,~-, Selected Pilrcels ~f' s /6 4 . r ~un, ., ·•fl\;K HENNEPIN~ \~I ~ ~ .1.appeu ~lt\~l 1 8 2C : ·: ©ITV OF ORONO l RUN DATE: 1112/2012 38 20-117-23 23 0016 JOY ARLENE GRUNDEEN 2797 CASCO POINT RD JOY A GRUN DEEN 2797 CASCO PT RD WAY2ATA MN 55391 38 20-117-23 32 0012 CA PRICE & CI) PRICE 2813 CASCO POINT RD CAROL/\ & CHARLES O PRICE 2813 CASCO POINT RD WAYZATA l\1N 55391 38 20-117-23 32 0015 ROGERH FRO~l~IELT &. WIFE 2805 CASCO POINT RD ROGER H FROMMELT 2805 CASCO PT RD WAYZATA l\1N 55391 38 20-117-23 32 0019 G D &. ll S CZERWINSKI 2801 CASCO POINT RD GREGORY DffiETH S CZERWINSKI 2801 CASCO POINT RD \VA\'ZATAMN 55391 IIENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST} l'AGE: I 38 20-117-23 32 0010 WESLEY C &. BRENDA 11\'RNE 2817 CASCO POINT RD WESLEY C &. BRENDA llYRNE 28 I 7 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0013 THERESA A NORSTED 281 I CASCO POINT RD THERESA A NORSTED 281 I CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0016 SM WELTZIN & EH HABERMAN 2800 CASCO POINT RD SHANE M WELTZIN ELIZABETH II lfAllERMAN 2800 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0020 TODD J TllF.11.MANN 2799 CASCO POINT RD TODD J TIIF.11.MANN 2799 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0011 KM 13O\VE & K M BOWE 2815 CASCO POINT RD KURT & KELLE llOWE 2815 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0014 J M & I'S BAILEY 2807 CASCO POINT RD JOHN M &. PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0017 TAMMY LWOOl)IS 2818 CASCO POINT RD TAMMY L WOODIS 2818 CASCO POINT ROAD WAYZATAMN 55391 -.11'1~11 8 2012 CITY OF ORONO MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2012 6:30 o'clock p.m. Council Exhibit D 5. #12-3545 J. ANDRE LaTONDRESSE ON BEHALF OF JOHN AND PATTY BAILEY, 2807 CASCO POINT ROAD, VARIANCE, 7:23 P.M. -7:37 P.M. J. Andre Letondresse, Applicant, was present on behalf of John and Patty Bailey. Gozola displayed an aerial photograph of the subject property and the adjoining lots, noting that the areas in green are what currently exist on the subject property. Gozola pointed out the property owners do have some existing illegal plastic underneath the rock on two sides of the home and a paver walkway leading down to a paver driveway in front of the home. Gozola pointed out the plasti'< will need to be removed as part of this application and is not included in the hardcover numbers; · Gozola stated the applicant is proposing to add a screened porch on the western sideo:(the home while simultaneously removing existing areas of deck and patio. The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The propose_d improvements would result in a net reduction in overall hardcover. ' . ·, As part of the proposed project, the application is requesting a 75-250 foot zone hardcover variance to allow 27.12 percent hardcover where 28.16 percent currently ~xists, and a 4-foot variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road. The existing hon:ie is currently 12fe~tbeyond the average lakeshore setback line. The 0-75 foot zone currently h~s &ome hardcover located with.in it but would not be altered as part of this application. Structural coverage on thefotis currently at 10.89,percent and would be increased to 11. 79 percent under this proposal, '":hich is under.the maximutrtallowed. In reviewing this application, Staff believes alIJ4Criteriaare met: The ptoposed changes to the property will be decreasing the overall hardcover on the 1otahdarein conformance with the City's massing standards. The changes will not itµpa)?t adjoining\properties in terms of drainage, availability of light or air, or the overallchara~ter of the tieighborhood. The Jjroperty is unique in the sense that the road and lakeshore do curveat this location in such a manner thatthe average setback requirement is not necessary to protect the adjoining properties' views ofthe l~ke. · The average lake Setback is designed to protecfthe views from any forward addition on any of the homes in the area. In this particular case, theorientation of the neighboring home in relation to the lakeshore and the proposed addition results in a situation where the proposed addition does not block the prominent vie\'V that is protected by the average· lake~h.ore setback regulation. The addition does meet the side yard setbacks and the proposal.is to improve the livability of the home. . . Staff re~Olllfl?:ends approval ofihe application subject to the following conditions: . 1. The applicant shall obtain all necessary permits and approvals from the City and other applicable entities withjurisdiction prior to any construction. 2. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 3. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application and existing drainage patterns shall be maintained except as authorized by the City Engineer. ________________ Page 10 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2012 6:30 o'clock p.m. 4. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan must be submitted for review in accordance with Section 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 5. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the pe1mit shall be submitted to the City after MCWD'itpproval. 6. The City Engineer shall have the option to inspect the property attheapplicant's expense during the construction process to ensure on-going compliance with all engineering requirements. ' ' ' 7. The variance shall expire one year from the date of resol4~ion; City C~tincil~pproval will be required for any subsequent extension. "· Schoenzeit asked if the deck meets the structural requirem_ents. Gozola noted it is an enclosed porch. Schoenzeit asked if that area is expanded at some point in the future, \Vhether they would still be inside the structural coverage. · Gozola stated they would still meet the structuralcoverage requirements. ' ·•, ' ' Thiesse noted there is a large pine tree that obstrh~ts the view currently'. \ Levang stated the neighbor's windows would be\ looking directly at the addition and that the pine tree provides some screening. ·· Landgraver asked whether the add~d rbofto that area of the house would alter the direction of the runoff. Gozola stated the City Engineers did look at _that and o~e of the conditions of approval is that they would be reviewing the drainage impacts on the entire propel'ty. At this time nothing has jumped out to them that would raise any concerns. Curtis stated the City Etl-gineer reviews the plans to verify that the runoff is not directed to the neighbors' properties and that the City wlll want tfie_ water to go towards the lake overland or to the street overland. AndreLeTtondresse, JAL Architects, stated because of the dog leg of the road, the neighbor's house is around the cotner. When the shoreline is in a relatively straight alignment, what you are trying to protect is the established line in relation to the lake. When the lake takes a big bend, it would be nice if the City could define a line that bends, which the code unfortunately does not allow. In light of that, the face of the porch has beenJocated 10 feet back from the lake side of the house. The intent was to have 80 percent of the addition within the profile of the existing house. LeTrondresse noted the prope1ty owners have had a lot of conversations with the neighbors on the proposal so it should not come as a surprise to them. Schwingler asked if the neighbors have signed off on the project. ________________ Page 11 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2012 6:30 o'clock p.m. Curtis indicated they have. Chair Schoenzeit opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 7:35 p.m. Leskinen commented it is a very straight forward application and she would by in support of approving the application. · .. ·•. Schoenzeit commented that it may behoove Staff to perhaps look at having a ~ore co1llplex average lakeshore line since this is a similar situation to an applicati011eadier tonight. • Thiesse noted the applicant is missing out on a lot oft.he view of the lake because they aten~f'a!lowed to pull the house further forward. ' · · · Schwingler moved, Schoenzeit seconded, to recommend approvalof Application #12-3545 J. Andre LaTondresse on behalf of John and Patty.Bailey, 2807 Casco :Poi~t Road, granting of variances subject to the conditions outlined in Staff's report. VOTE: Ayes 6;Nays 0. . . ' #12-3542 CITY OF ORONO, CODlltAMENDMENT FOR LOTS.OF RECORD IN AREAS, 7:37 P.M. -7:52 P.l\.':i:\ Gaffron stated as · sult of the Milll!esota Legislatdre adopting laws regarding the of nonconforming lots ofrecord in shore areas, the proposed am'e\ndments are intended to bri rono' s code into conformity with state statu ' ", . ·. Gaffron indicated there .are· some im ts associated with' ihe stat philosophy but the City is.required to co ly with thY. state s tes. The impact in Orono is significant due to the large number of small lots and sho and areas cated within the City. Under Orono's codes, they would be considered substandard or unbuil ypically the lots are substandard in area and width. The statute tequires that cities allow the n 1"'m"'11n' owners to build on lots that meet certain criteria estaplished in state rules and\by the DNR:wi anger having the ability to deny the builda~Hity of those lots: · Gaffron s1:~t~d an example oftliat uation is the Maple Place/Minm venue area where there were seven 50-foofl9ts that were a · ·oximately 9,000 square feet each. The licant originally agreed to combine some of.the lots · eet the 100-foot width, 18,000 square feet, an If-acre standards. Staff agreed that would Be. etter situation than having one building on each 50-foot . Since then, the applicants have in · atedthat they are going to construct a house on each one of tho lots. The City does not have ability to stop it other than to make sure that they meet the 25 percen rdcover. As a result of th all sized lots, the houses will have very limited footprints and narrow drive Gaf n reiterated this code amendment is to make Orono's code conforming to state statute. ________________ Page 12 NOTICE OF PLANNING COMMISSION ACTION CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Jean Andre LaTondresse 307 Manitoba Avenue Wayzata, MN 55391 TYPE OF REQUEST: Variances DATE OF MEETING: 21 February, 2012 ZONING FILE: 12-3545 DATE OF NOTICE: 22 February, 2012 COPIES: John & Patty Bailey 2807 Casco Point Road Orono, MN 55391 At their meeting on February 21, 2012, the Orono Planning Commission voted on a motion to recommend approval of your request for an average setback variance and a [75' to 250'] hardcover zone variance by a vote of 6 -0 -0. The commission felt comfortable that the proposed improvements would represent an overall improvement to hardcover, and did not believe the proposed addition was in violation of the intent of the average setback requirement. Conditions of the recommended approval are as listed in the staff report. The planning commission recommendation and staffs recommendation will now be forwarded to the City Council for a final decision on Monday, March 12th , at 7:00 p.m. in the Council chambers at Orono City Hall. VOTE: 6 FOR 0 AGAINST Applicant's next meeting is tentatively scheduled as : Monday, March 12 This is a City Council meeting. The meeting begins at 7:00 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Ben Gozola at bqozola@mfra.com or 763-746 -1650. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, February 21, 2012 6:30 o'clock p.m. 5. #12-3545 J. ANDRE LaTONDRESSE ON BEHALF OF JOHN AND PATTY BAILEY, 2807 CASCO POINT ROAD, VARIANCE, 7:23 P.M. -7:37.-P.M. J. Andre Letondresse, Applicant, was present on behalf of John and Patty Bailey. Gozola displayed an aerial photograph of the subject property and the adjoining lots, noting that the areas in green are what currently exist on the subject property. Gozola pointed out the propetty owners do have some existing illegal plastic underneath the rock on two sides of the home and a paver walkway leading down to a paver driveway in front of the home. Gozola pointed out the plastic will need to be removed as part of this application and is not included in the hardcover numbers. Gozola stated the applicant is proposing to add a screened porch on the western side of the home while simultaneously removing existing areas of deck and patio . The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The proposed improvements would result in a net reduction in overall hardcover. ·- As part of the proposed project, the application is requesting a 75-250 foot zone hardcover variance to allow 27.12 percent hardcover where 28.16 percent currently exists, and a 4-foot variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road. The existing home is currently 12 feet beyond the average lakeshore setback line. The 0-75 foot zone currently has some hardcover located within it but would not be altered as part of this application. Structural coverage on the lot is currently at 10.89 percent and would be increased to 11. 79 percent under this proposal, which is under the maximum allowed. In reviewing this ,application, Staff believes all 14 criteria are met. The proposed changes to the propetty will be decreasing the overall hardcover on the lot and are in conformance with the City's massing standards. The changes will not impact adjoining properties in terms of drainage, availability of light or air, or the overall character of the neighborhood. The prope1ty is unique in the sense that the road and lakeshore do curve at this location in such a manner that the average setback requirement is not necessary to protect the adjoining properties' views of the lake. The average lake setback is designed to protect the views from any forward addition on any of the homes in the area. In this particular case, the orientation of the neighboring home in relation to the lakeshore and the proposed addition results in a situation where the proposed addition does not block the prominent view that is protected by the average lakeshore setback regulation. The addition does meet the side yard setbacks and the proposal is to improve the livability of the home. Staff recommends approval of the application subject to the following conditions: 1. The applicant shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction. 2. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 3. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application and existing drainage patterns shall be maintained except as authorized by the City Engineer. _________________ Page 10 ,, I MINUTES OF THE ORONO £LANNING COMMISSION MEETING uesday, Eebruary 21, 2012 6:30 o'clock p.m. 4. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan must be submitted for review in accordance with Section 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 5. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 6. The City Engineer shall have the option to inspect the property at the applicant's expense during the construction process to ensure on-going compliance with all engineering requirements . 7. The variance shall expire one year from the date ofresolution; City Council approval will be required for any subsequent extension. Schoenzeit asked if the deck meets the structural requirements. Gozola noted it is an enclosed porch. Schoenzeit asked if that area is expanded at some point in the future, whether they would still be inside the structural coverage. Gozola stated they would still meet the structural coverage requirements. Thiesse noted there is a large pine tree that obstructs the view currently . Levang stated the neighbor's windows would be looking directly at the addition and that the pine tree provides some screening. Landgraver asked whether the added roof to that area of the house would alter the direction of the runoff. Gozola stated the City Engineers did look at that and one of the conditions of approval is that they would be reviewing the drainage impacts on the entire property. At this time nothing has jumped out to them that would raise any concerns. Curtis stated the City Engineer reviews the plans to verify that the runoff is not directed to the neighbors' properties and that the City will want the water to go towards the lake overland or to the street overland. Andre LeTrondresse, JAL Architects, stated because of the dog leg of the road, the neighbor's house is around the comer. When the shoreline is in a relatively straight alignment, what you are hying to protect is the established line in relation to the lake. When the lake takes a big bend, it would be nice if the City could define a line that bends, which the code unfortunately does not allow. In light of that, the face of the porch has been located 10 feet back from the lake side of the house. The intent was to have 80 percent of the addition within the profile of the existing house. LeTrondresse noted the property owners have had a lot of conversations with the neighbors on the proposal so it should not come as a surprise to them. Schwingler asked if the neighbors have signed off on the project. __________________ Page 11 , MINUTES OF THE ORONO PLANNING COMMISSION MEETING Curtis indicated they have. Tuesday, February 21, 2012 6:30 o'clock p.m. Chair Schoenzeit opened the public hearing at 7:35 p.m. There were no public comments regarding this application. Chair Schoenzeit closed the public hearing at 7:35 p.m . Leskinen commented it is a very straight forward application and she would be in support of approving the application. Schoenzeit commented that it may behoove Staff to perhaps look at having a more complex average lakeshore line since this is a similar situation to an application earlier tonight. Thiesse noted the applicant is missing out on a lot of the view of the lake because they are not allowed to pull the house further forward. Schwingler moved, Schoenzeit seconded, to recommend approval of Application #12-3545 J. Andre LaTondresse on behalf of John and Patty Bailey, 2807 Casco Point Road, granting of variances subject to the conditions outlined in Staff's report. VOTE: Ayes 6, Nays 0. #12-3542 CITY OF ORONO, CODE AMENDMENT FOR LOTS OF RECO i LAND AREAS, 7:37 P.M. -7:52 P.M. s a result of the Minnesota Legislature adopting laws regarding the e of nonconforming lots ofrecord in s eland areas, the proposed amendments are intended to brin rono's code into conformity with state s utes. Gaffron indicated there are som impacts associated with the statutes at are opposed to Orono's philosophy but the City is required comply with the state statute . The impact in Orono is significant due to the large number of small lots an shoreland areas locate within the City. Under Orono's codes, they would be considered substandard or un ildable. Typic y the lots are substandard in area and width. The statute requires that cities allow the ·operty ners to build on lots that meet certain criteria established in state rules and by the DNR, with the · o longer having the ability to deny the buildability of those lots. Gaffron stated an example of that situation is e Maple Place/ ·nnie Avenue area where there were seven SO-foot lots that were approximate! ,000 square feet each. he applicant originally agreed to combine some of the lots to meet the 1 -foot width, 18,000 square fe agreed that would be a better situati than having one building on each foot lot. Since then, the applicants have indicated that the are going to construct a house on each one f those lots. The City does not have any ability to st it other than to make sure that they meet the 25 cent hardcover. As a result of the small sized lot , the houses will have very limited footprints and narrow riveways . Gaffron reiterated thi code amendment is to make Orono's code conforming to state statut . __________________ Page 12 Orono Planning Commission Agenda Item Executive Summary Title of Item: VARIANCE REQUESTS: Application for a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement to accommodate construction of a screened porch addition on an existing home at 2807 Casco Point Road. File #: 12-3545 (2807 Casco Point Road) Meeting Date: 2-21-12 Staff/Guest Reporting: Ben Gozola, City Planner Summary: The applicant is proposing to add a screened porch on the western side of the home while simultaneously removing existing areas of deck and patio. The existing home is currently legal nonconforming to both hardcover and average lakeshore setback requirements. The proposed improvements would result in a net reduction in overall hardcover, and staff believes the addition will not block lake views protected by the average lakeshore setback requirement. To proceed with the proposed project, the applicant is seeking a 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed, and a 4' variance to the average lakeshore setback requirement. Recommendation: • APPROVAL: Staff believes this proposal can meet all requirements for a variance as outlined in code provided a number of conditions are met. • Template motions and recommended conditions of approval can be found on pages 9 & 10. List of Attachments: A) Property location map B) Staff Report & Recommendation C) Engineering Review Letter D) Property Survey E) Submitted Hardcover Calculations F) Proposed House Floor Plans & Elevation Drawings G) Adjacent Property Owners Acknowledgement Forms H) Application Forms I) Practical Difficulty Documentation Form J) Property Owners Mailing List 5 Location within the City of Orono PC ExhibitA 2776 2807 Casco Point Road Orono, MN City of Orono Planning Department Variance Review To: Planning Commission From: Ben Gozola, City Planner Meeting Date: 2-21-12 Applicant: Jean Andre LaTondresse (JAL Architects Ltd.) Owner: John & Patty Bailey Location: 2807 Casco Point Road Zoning: LR-1 C Proposed The applicant is proposing to place a screened porch onto an existing home. Project: Variance The screen porch addition would require the following variances: RequeSt (s): 1. A 75' -250' zone hardcover variance to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed. PC Exhibit B 2. A variance from the average lakeshore setback requirement as the proposed addition will be four ( 4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Issues/or • Consideration: Does the proposal meet all code criteria to qualify for the requested hardcover variance? • Does the proposal meet all code criteria to qualify for the requested average lakeshore setback variance? • The purpose of the average lakeshore setback variance is to protect views. Are views of adjacent neighbors being impacted? If so, can these impacts be mitigated or avoided? • Are there any other issues or concerns with this application? File#: 12-3545 Variance ReviclV; 2807 Casco Point Road Planning Commission Report; 2-21-12 Findin s Site Data: • Lot Area/Width l_t.R-1C: ___ ----+--L ___ ot Area ' Required 21J80 squ_a_refeet(0.5 acres) Actual 26,623 square feet {0.61 acres) • Lot Area by Zone -7;i~~il ½ii:i ~~~;1i:~~:~:i- • Existing Use-Single Family Dwelling Lot Width 100' 145' {OHW); 123' {OHW setback) • Existing Zoning-LR-IC (One Family Lakeshore Residential District) • Property Identification Number (PID): 20-117-23-32-0014 Comp Plan ■ The comprehensive plan guides this lot for low-medium density residential. Guidance: Setbacks: • On page 3B-24, the plan identifies the following goals related to lakeshore residential lots: -The views and open space currently enjoyed by lakeshore property owners shall be protected. -The size of a house to be allowed on a lot shall be determined based on the size of the lot, as well as on the shape and topography of the lot. -The increase in massing of structures on the lakeshore shall be limited. LR-1C l}e_q_uired Rear 30 -·---------------------,_ ______________ _ West Side 10 _Exis_ting 73.5' 21.5' ------------------- East Side ------------- Lakeshore 10 75' ---------------f----------- Average Lakeshore Structures must stay behind the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots 20' 110' The existing home currently extends twelve {12) feet beyond average setback line (legal non conform_jn~g~) __ Proposed 73.5' ------------------" 21.5' 20' 110' The proposed addition will extend four (4) feet past the average setback line Page2 File#: 12-3545 Variance Review; 2807 Casco Point Road Planning Commission Report; 2-21-12 Shore/and • The subject property IS within the shoreland district. The requested hardcover Issues: variance directly relates to the hardcover zone requirements in the shoreland district. Lot • In this case, the existing home is conforming to maximum lot coverage regulations Coverage: (structural), and the proposed addition will not change this fact. • Structural Coverage Tota I Lot Area Allowed Proposed ?§~§~3 _square f~~! 3993~guare feet {15%) __________ _ 31?8 square feetj11.!9%) • Note that the screen porch addition is slightly offset by the elimination of half the deck and staircase to the NE of the proposed addition. Hardcover • Analysis: Hardcover within the [O' to 75'] zone (10,182 square feet) is prohibited with limited exceptions for driveways, stairways, lifts, landings and lockboxes. The existing features within this area (patio, deck, steps, rock wall and rock boarders) are not being challenged at this time, but would be reviewed if/when the applicant seeks to do work in this area. No new hardcover is proposed in this zone as a result of this application. • Hardcover within the [75' to 250'] zone (16,441 square feet) is limited to 25% of the zone area. Existing vs. Proposed hardcover within this zone breaks down as follows: EXISTING PROPOSED , _______ ----- Area within the zone: 16441 16441 --------------------------------- Hardcover within the zone: 4630 28.16% 4459 27.12% 2180 House and Porch Garage_ Drive'!!.O.'t [!fl~_walkway Sidewalk (House & Garage __ entrances, brick) _ Deck Patio 496 1095 63 224 423 496 1095 63 _____ }QZ ___ (-111)_ 0 (-423) __ Landscaping (*does not count towards 365 0 (-365 ) "existing'~-<!~ it is illegal hardco_v_e__rj ______ _ Boulders 67 67 ----+--- Borders 82 82 --------------------- ___ _ Screened Porch Addition O 286 _(+28_6) ____ W_in_dow Well; and Timb_e_r_s-+-) ___ 0--+----f----1---14 _( + 14) __ ---~-EJE_rGr_atesandSteps_L 0 69 (+~9)_ Page3 File#: 12-3545 Variance Rel'ien·; 2807 Casco Puint Road Planning Commission Report; 2-21-12 Flood Plain 1 • Issues: Building • Height: The proposed improvements are all outside of the floodplain for Lake Minnetonka. The maximum height of structures in the LR-1 C district is 2.5 stories which shall not exceed 30 feet in height. • The proposed addition will be essentially 1.5 stories tall-well in conformity with the code requirement. A lication Review: Applicable Dwelling means a building or one or more portions of a building designed or intended Code to be occupied exclusively for residence purposes, but not including rooms in motels, Definitions: hotels, nursing homes, boardinghouses, nor trailers, tents, cabins or trailer coaches. A dwelling shall not be interpreted to include lodging rooms. Hard cover means any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Primary • Applicable Codes: Section 78-1279(6) which requires that structures be no closer to the lake than an average setback line defined by the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. • Section 78-1288(a)(l)(b) which dictates that hardcover within the 75' to 250' hardcover zone not exceed 25% of the land area within that zone. Variance By state statute, there are three definitive criteria that all variances must address: Review: consistency with the ordinance, consistency with the comprehensive plan, and the establishment of "practical difficulties." Staffs analysis of these criteria and the specific requirements listed in city code is as follows: (1) The request is in harmony with the general purposes and intent of this ordinance. • The two requests propose to expand a residential structure in an orderly manner which protects light & air access for adjacent properties, does not block prominent lake views from existing neighboring homes and results in a home conforming to bulk maximums. The existing legal nonconforming hardcover status is also being improved. Staff believes this criteria is met for both requests. Page4 File #: 12-3545 ) Va ri an ce Rev iew; 2807 Casco Po int Road Plan n ing Co mmissio n Report; 2-2 1-12 (cont.) (2) The variance is consistent with the comprehensive plan . • The comprehensive plan supports reasonably sized and well placed homes in residential lake shore areas. Because the overall massing is conforming to code requirements, and because the addition within the setback will not block prominent lake views from existing neighboring homes, we find the proposal is in line with redevelopment anticipated by the comprehensive plan. Furthermore, the removal of an existing patio and a portion of an existing deck will improve the water quality on the site as overall hardcover will be reduced by 171 square feet (536 square feet if you include removal of the illegal landscaping hardcover). Staff believes this criteria is met for both requests. (3) The property owner in qu estion proposes to use the property in a reasonable manner, however, the propos ed use is not permitted by the official controls. • The property owner is seeking to expand the existing home into a size allowed by code with the addition of a screened in porch. The requested location of the porch is reasonable given the existing home footprint and the orientation of the home to the NW away from the proposed building location. The existing legal nonconforming hardcover cannot be addressed short of working with the property owner through this type of improvement, and the proposed hardcover reduction of 536 sq ft (including illegal hardcover removal) is appropriate and represents a win-win for the property and the City. Staff believes this criteria is met for both requests. The promenent lake views for the adjacent home are oriented away from the area of the proposed addition. Page5 File#: 12-3545 Variance Review; 2807 Cusco Point Road Planning Commission Report; 2-21-12 (cont.) (4) The plight of the landowner is due to circumstances unique to his property not created by the landowner. • The existing landowner is not responsible for the location of the neighboring homes which results in an average lakeshore setback line that does nothing to protect the prominent views for the home to the NW given the curvature of the point and the orientation of the neighboring home. Moreover, the existing legal nonconforming hardcover predates the current homeowner. Staff believes this criteria is met for both requests. (5) The variance, if granted, will not alter the essential character of the locality. • The lot will still be the locale for a single family dwelling which is consistent with all other surrounding uses. Inclusion of the proposed screened porch will not impact adjacent lake views, and will not result in the home being too large according to code. The proposed reduction in hardcover will bring the property into greater conformity with code thereby bringing the property into greater conformity with the general character of surrounding lots that do conform to all requirements. Staff believes this criteria is met for both requests. (6) Economic considerations alone do not constitute practical difficulties. • The improvements are proposed to increase the livability of the home by adding on a screened porch which is an extremely common accessory structure for a lakeshore residential dwelling. The proposed changes do not appear to be proposed simply for economic gain. Accordingly, staff believes this criteria is met for both requests. (7) Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. § 2 l 6C. 06, subd. 2, when in harmony with this chapter. • Staff believes this criteria is not applicable to this request. (8) The board 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. • Staff believes this criteria is not applicable to this request. (9) The board or council may permit as a variance the temporary use of a one family dwelling as a two-family dwelling. • Staff believes this criteria is not applicable to this request. Page 6 File#: 12-3545 /·'ariance Re1•ii!lv; 2807 Cusco Point Road Plunning Commission Report; 2-21-12 (cont.) (1 OJ The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. ■ The average lakeshore setback line is well suited to address side-by-side residences along a straight lakeshore. In this case, the property in question is adjacent to a property which sits on the curve of the peninsula which results in the neighboring home's primary lake views being orientated away from the subject property and the proposed addition location. While the existing home is currently twelve (12) feet past the average setback line and the proposed addition will be four (4) feet past the line, Neither the existing structure nor the proposed addition impact prominent lake views. As such, we do find the circumstances on this lot to be peculiar to justify the average lakeshore setback variance. Staff believes this criteria is met for both requests. (11) The conditions do not apply generally to other land or structures in the district in which the land is located. ■ The combination of the curve of the peninsula negating potential lake views and the long-standing amount of hardcover on this property are a combination of facts not generally applicable to most properties in the LR- 1 C zoning district. Staff believes this criteria is met for both requests. (12) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. ■ The applicant's desire to expand the home in a manner which confo1ms to the city's massing requirements while not infringing upon the intent of the regulation to protect lakeshore views shows the requested variances are necessary to grant enjoyment of a substantial property right of the applicant. Staff believes this criteria is met for both requests. (13) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. ■ Staff did not identify anything in the request to suggest the proposed addition will impair the health, safety, comfort or morals of the community. Staff believes this criteria is met for both requests. (14) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. ■ The requested variance is necessary to permit a lessening of overall hardcover and an expansion of the existing structure to a size and location which conforms to the intent of code. Staff believes this criteria is met for both requests. VARIANCE RECOMMENDATION: After reviewing all criteria in code, staff believes the requested variances should be approved with conditions. Page 7 File#: 12-3545 Variance Re1·iew; 2807 Casco Point Road Planning Commission Report; 2-21-12 Resident I • Concerns: Staff is not aware of any resident concerns regarding this land use request. Additional • Information: The 365 square feet of hardcover created by plastic under landscaping is illegal hardcover and was therefore required to be removed, but was not counted towards the "existing" hardcover reflected in this report. Even with this change, the proposed project will still result in a net reduction in overall hardcover on the property. Engineering Bolton & Menk reviewed the plans (dated 1-20-12) for the proposed house addition Report: for 2807 Casco Point Road, and had the following comments with regards to engineering matters: Conclusion: • This project will disturb more than 100 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. • Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements. • Existing drainage patterns need to be maintained. • The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. The applicant is seeking approval of two variance: 1) A variance for overall hardcover within the [75' to 250'] zone to allow 27.12% hardcover where 28.16% currently exists and 25% is normally allowed; and 2) A variance from the average lakeshore setback requirement as the proposed addition will be four ( 4) feet in front of the straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Options: The Planning Commission has the following options: A) RECOMMEND APPROVAL OF THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). Page8 File#: 12-3545 Variance Re1·iew; 2807 Casco Point Road Planning Commission Report; 2-21-12 (cont.) B) RECOMMEND DENIAL OF THE REQUESTED VARIANCES (based on the applicant's submittals and findings of fact). C) TABLE THE ITEMS and request additional information. ■ Based on an application date of 1-18-12, the 60-day review period for this application expires on 3-18-12. This deadline can be extended an additional 60 days if more time is needed. Template Denial • Motion: "I move to recommend denial of the requested variances based on the following findings of fact:" (.not recommended) (provide findings to support your conclusion) Template Approval • Motion: "I move that we recommend Council approve the requested variances based on the findings of fact listed in the report analysis. Furthermore, the approval shall include the conditions listed within the staff report as may have been amended here tonight." RECOMMENDED Recommended l. The applicant shall obtain all necessary permits and approvals from the City Conditions: and other applicable entities with jurisdiction prior to any construction. 2. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 3. The proposed grading along the new addition shall be shown on the plans submitted with the building permit application, and existing drainage patterns shall be maintained except as authorized by the City Engineer. 4. Because this project will disturb more than 100 cubic yards of material, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security shall also be required of the owner for this permit. 5. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit shall be submitted to the City after MCWD approval. 6. The City Engineer shall have the option to inspect the property at the applicant's expense during the construction process to ensure on-going compliance with all engineering requirements. Page9 File#: 12-3545 Variance Rc1•icw; 2807 Casco Point Road Planning Commission Report; 2-21-12 (cont.) , 7. The variance shall expire one year from the date of resolution; City Council approval will be required for any subsequent extension. cc: Jean Andre LaTondresse, Applicant's Representative John & Patty Bailey, Property Owners Page JO pc Exhibit C E:3C>LTC>N & ~ENK, INC:® Consulting Engineers & Surveyors January 30, 2012 City of Orono Attn: Melanie Curtis PO Box66 Orono, Mn 55323 2638 Shadow Lane, Suite 200 • Chaska , MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk.com RE: Zoning Application 12-3545 2807 Casco Point Road House Addition Dear Melanie: As requested, we have reviewed the submittal package, dated January 20, 2012, for the proposed house addition at 2807 Casco Point Road. Based on our review, we offer the following comments for your consideration: I. This project will disturb more than 100 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. 2. Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements. 3. Existing drainage patterns need to be maintained . 4. The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC. -n~ p tf'()~ David P. Martini Principal Engineer DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal oppo1tunity employer N 71 °<- \ot¥3o••w I \ \ CERTIFICATE OF SURVEY FOR JOHN BAILEY - Lor --- IN LOTS 123 & 124, SPRING PARK 1-iENNEPIN COUNTY, MINNESOTA <o;,-- 0.c-"'u ous'2-\NG\-\ c~\S:,;05 ----'-, ~i~ ' PROPOSED '\ TWO TI ERED / '\ WINDOW WEU. / L-><-------I / ~1 ---y: '\ ~ //0 Oi '\l "'-1t.s-?-t /~(v y" 0 ~,?z-G // 0 [,:;j , , \ 'f?,o I ~~ / ~ ;:) S, '\ ' I(< 0 °'\, v <'. ~'lit~ / (() .:f .).,~ '\ ""' \< '\ '•>° "I;' '\ ""'\< .. ....-" / ', \. -e:: ........ ' "~ , x 7?:... ...... ............ ~ '\ .· ' '\ / \..}~ ~ ' ... 1"<, ', .... ······ , -t>,-0 ~ _t1··''\ ~ ~---',, 'x-.,;;;. ', ~ ' .. ,,'~ ' ~ -</; ' ,,~, '-·c~ 0 \' \' \ '~c? ', ,i;_.. '-'- '',,_ '-.. '-........... < < '-------:,:,,-..._~· ~ ~ ~\ \~\' \ &;j'~ ', .!?, -x , ... , '-·,--....... '-'-'-.,·-----------\ \ \ \\ ' ~},. ' '-'-'-,-.......___ '->' ,_.__ \ ,, v..,_,, '-, '~'.::X.", ""-c ,,, ,,,, ,-;:-':-.. , '-'x: -----. s'.!' \ "~ ,"-\: ~ ,, (~ ' ·, \ ~~-::: ~-::--.:,~'----~---, ', •v;;::-._, r 0~ --~\'~0 \"\l\"'-'2.:::---:.--:__,,, ' ',, ~~ ',, ,,,.:::-~'-\\\ ' ' / 5-...~.::.._ :t-1\ ~t ~l ~'' ,'0 ,.:::-, \\ , , "" /':ll\1 \\\, '<::--....,, \.\ \ ' / '-'..._, \ \ \\" ,'-~.:::<:-..::-0' "'' ', ,,..,✓ -~:--.. ,,,\."':;::::::::------~"-\\\\\ ', / ~ \\\~-..-,,, '-'\\ \ \. ,,,✓ "'· \ \ ~ '-~' '-'-\ \ ,' \\ -----------> \ \ '-'-'-'-' ' ~ \ ~. ,· ---------, , , , '-'-'-\ ~-------- '-'-' '-"-'-,' \. \ ~ '-::::--:::::.. ---... ::::-'- Lots 123 and 124, '-..::,..:;..:; ,"-..' ~ ,' , '(.:; ,::-.::, .__ .__-.::::::. '-'-'- That part of Lake Shore Avenue, vacated , lying between the extensions across it '-'-'-, \. '-:-::---.._ '-.::, :;: .__'.:::, :::::--'-.:;.:; '- of the Southeasterly line of Lot 123 and the Northwesterly line of Lot 123; '-'-'-'\ , .:; .:; ,::-, -......._ .__ .__-... '-,"-..", , , That part of Lake Shore Avenue, vacated, lying between the extensions across it '-'-' '-'-'-'-----. .__ .__ '-< '-~ '-'-'- of the Southeasterly line of Lot 124 and line extending from the most Westerly '-'·.:; ,::-~:::::.::,.::, .__ ~ ,:::-~.:; '-"-' :::-,. comer of Lot 124 to the most Northerly oomer of the tract of land across from Lot "" '-'-, , --.:::. .::, :::: -.. '-~' < ,~ 124 on the opposite side of Lake Shore Avenue as designated and defined in the ~ '-,::-::::: ::::: , ~ .__ '-'-'-'-'-< '- in~_trument of dedication on the plat of Spri ng Park ~ , , , , :--.::::_ ,:::-' ' '-' '- That tract of land across from Lot 123 on the opposite side of Lake Shore ~ '-:--,::-.::, .'-"-..:;.:;.:; 0, '-.:; Avenue as designated and defined in the instrument of dedication on the plat of ~ '-, -... '-'-~ ~ , '-~ LEGAL DESCRIPTION OF PREMISES: 0 20 !''''''''.'~ t-1 NECOROF LOT 126 \., 40 I ' Spring Park; ~ .__ .'-'-'-..___--..:::: '-'-'- That tract of land across from Lot 124 on the opposite side of Lake Shore ~ '-.:;.:;.:; '-'-.:;.:; Avenue as designated and defined in the instrument of dedication on the plat of ~ < '-'-0 ..._ ;_ SCALE IN FEET Spring Park· ~ '-'-< '-~ That part of 0 Lot 126 described as beginning at the Northeast oomer thereof, ~ .:; .:; .:; thence Westerly along the Northerly line thereof 20 feet , thence Southerly ~ '-'- parallel to the Easterly line of Lot 126 a distance of 38 feet, thence Easterly to a ~ point on the Easterly line of Lot 126, distant 38 feet Southerly along the Easterly line of Lot 126 from the Northeast comer of Lot 126, thence Northerly along the Easterly line of Lot 126 to the point of beginning; Spri ng Park This survey shows the boundaries of the above described property, and the location of an existing house, garage, driveway, and all other visible "hardcove(' thereon, and the topography of the property. It does not purport to show any other improvements or encroachments. ~ Iron marker found · -o:-Existing contour line Bearings shown are based upon an assumed datum DESIGNED I REVISION I DATE DESCRIPTION I HEREBY CERTIFY 171AT THIS SURVEY, PLAN, OR REPORT ' DRAWN GRONBERG & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS , SITE PLANNERS WAS PREPARED BY ME OR 4NDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED 1----------------------------~ 11-366 ~ 445 N. WILLOW DR. LONG LAKE, MN. 55356 952-473-4141 DATE /-,, ~'l '- ....,__ .... '-'-''- 80 l SCA LE 1":20' DATE 1-10-12 JOB NO.· 11-366 "tJ () m >< ::::r o' ;:;: 0 J .. otf-t,ft t5A-, L,{:;;-'1 5Pf2..IN6 1'-A-I~(<., 1;rr/r1,. HAR~ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-7S' 75-250' 250-500' 500-1000' Pc Exhibit E EXISTING HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. B. Garage X ::: S.F. C. Driveway X = S.F. X ::: S.F. D. Sidewalk X = S.F. X = S.F. I 4-;1 E. Patio/Deck 1 '2iCPE, X = S.F. X = S.F. F. Landscape X = S.F. Underlain X ::: S.F. By Plastic X = S.F. G. Retaining e.o(.-f/_. WA/ ... L, X = 41 S.F. Walls H. Other i~at:..I!. B,,,,;...r~r:.-11.. ~' X = 4~ S.F. TOTAL HARDCOVER IN ZONE 6/b, S.F. A TOTAL PROPERTY AREA IN ZONE /0/81-S.F. B A Silo + B /D/62 X 100 = ~-oz % PROPOSED HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. 0 C N' z B. Garage X = S.F. w -~ Cl > N Driveway S.F. -ro 0 C. X = w or-LL X = S.F. () z 0 w D. Sidewalk X S.F. ~ :s§ ~ = X = S.F. 0 E. Patio/Deck X ::: S.F. X = S.F. F. Landscape X = S.F. Underlain X = S.F. LC\ By Plastic X = S.F. G. Retaining X = S.F. ~ Walls ~ H. Other X = S.F. TOT AL HARDCOVER IN ZONE S.F. A "" TOTAL PROPERTY AREA IN ZONE S.F. 8 * A + B X 100 = % [ottA( BA11.,6y Sp Q./ Nb :p 1\-/L(l._ 1/n/12- HARDCOVER CA~TION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House f /'(J1tC/.I X = Z/80 S.F. Length Width X = S.F. X = S.F. B. Garage X ::: 4-~h S.F. C. Driveway -1-to,t.11< t"I:.' t_u,~,1 \) X = ID l}J5" S.F. X ::: S.F. I/Sc f.:.•-.\1~ 44- D. Sidewalk (!:;,Aft. f':t-..l 't'' X = S.F. ~ti,tc,;1.i.~ X = IZ S.F. E. Patio!Deck Dec..fL. X = ?-24-S.F. 7J'-lril{J X = ·?f '2-'ai S.F. F. Lanclscape X = ,;;;ib.5 S.F. Underlain X = S.F. By Plastic X = s.r-. G. Retaining 13_ovW)b~ X 23+101:34_ = b7 8.F. Walls H. Other J3o n,,J) &fl $ X Z'.3 -I-3t,d IO+IDi·3 = {:)L-S.F. TOTAL HARDCOVER IN ZONE 4195_ S.F. A TOTAL PROPERTY AREA IN ZONE ,~,4,.,4., \ t.. 4-~I S.f. B A 4-996 + B X 100 = -.:$0;3,g, % PROPOSED HARDCOVER IN ZONE A House X = 8.F. A· DD l'f"( 0 I'-} Length Width X = +28b S.F. ( X = S.F. 0 8. Garage S.F. Q C"--1 z X = LU -~ C) >-~ C. Driveway X = 8.F. _, ro 0 X S.F. LY ~ u., = CJ ·w z 0 D. Sidewall( X ::: S.F. 0: ~ ~ X = S.F. 0 ,. E. Patio/Deck X = -117 du/4.s.F. X = -4-2~ 12.af/.t2 S.F. j F. Landscape £c,il1~vc /'.tAFTIC t,tr-rJv'X_h>Ck., = -J'CS S.F. LC\ Underlain X ::: S.F. By Plastic X = S.F. G. Retaining ltJ IN Da_ W V-lc:1.../.. X -r'I /vi Bell.5_ ::: +It/--S.F. ~ Walls LC\ H. Other X = S.F. ~ TOTAL HARDCOVER lM ZONE 4--3flrL_ S.F. A TOTAL PROPERTY AREA IN ZONE I L,,fl::4:l S.F. 8 =I:&= A 43</P + B /~4-41 X 100 = ___ J.6 .7'0 % - ... Jtrrc : tl,1 r~ (;'1t II TI i../ C. ')''J'(i".t t))': ~ ~ r-n ,:-r ,-•),tJ,-, l.r,~'CI. N..J /✓ J A. (i C&Jll., A fl.-OOf-PL-A:N ~,, w,•,1~0• .Jc Exhibit F -·>> i" If,',,., _.,..+-+4----EXTEND EXIST. STOOP RECEIVED JAN 18 2012 CITY OF ORONO #354S SCREENED PORCH (\DllfTION FOR ·,JbHN & PATTY BAILEY 2807 CASCO POINT ROAD ' · ,,ORONO, Mtf55:l9J LAKE SIDE SETBACK JAL. Arohltec::i'B L.td, !S07 Manitoba Av11111ue South Wc,y11ota • MN 553.et 95:Z-.404-11!565 Date: JA.',/1.JA.~Y 11. :2012 PROJECT I ... . 1110 'I ::.-:: UJ u(/) <(::, OlO Ii:; :c Cl) C!) wz o-_I- Cl)(/) wx ~w 1~ ~:c uu <( 0:: a:\ 0 I-0.. wO C/)UJ WCI) oO _o.. cno wo:: ::.-:: 0.. 1~ RECEIVED JAN 18 2012 CITY OF ORONO !l · ii~ LI~!; ii]• {iJ~ t I I I I : I •i 11 I -i+ . \) -· t'L~ ,2 ii ., ' 0 #3545 t +---. I I : I ~= i I , I irr:J ,_ RECEIVED JAN 1 8 2012 Jan.11.2012 04:55 PM Schwarz Bldrs Inc/JAL Arc 9524769949 ADJAC.l;NT PROPERTY OWNl:RS' ACKNOWLEOGEM~NT FORM · t (we) Roger & Curole Frommelt (print name(s)] of 2805 Casco Point Road fprlnt address} PAGE. 2/ 5 pc Exhibit G have reviewed the plans for the proposed improvement or proposed uae of the property located at 2807 Ca,;co Point Road. also referred to as Land Use Application No. ___ . I (we) understand that In executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the l~~•r•• 1 ~:•~; ~:requires Councn approval. ~~roertyOwner c ~ ·-1-1-· Date Je-r l,..rl)IMW!~ ' H-- ~l«£f>JJ iJ1 /1-z- PropertY. OWl'}!!r I L Date r , I Cirule f-rowi1N1e , I (we) ____________ of __________ _ (print name(e.}] (print address} have reviewed the plans for the proposed Improvement or proposed use of the prop~rty located at· ----~---also referred to as Land Use Application No. __ _ I (we) understand that In executing this aclmowledgement, I (we) am (are) not asked to declare approval or disapprov&1I of the properly or usa but merely to confirm for the City Councll that I (we) am (are) awarf) of the improvement plans and that the proposed neighbor's pro]eot or 1,1se requires Council approval. . Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your commants to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date, RIECEIVEID JAN 18 2012 # 3 f: 4 I:_ CBTV OF ORONO , :J ",) ADJACEN. 'ROPERTY OWNERS' ACKNOWLEDGE! IT FORM · I (we) Theresa A. Norsted [print name( s )] of 2811 Casco Point Road [print address) have reviewed the plans for the proposed improvement or proposed use of the property located at 2807 Casco Point Road also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the prqposed neighbor's project or use requires Council approval. /,.-/ ~,J/:4~-', //✓/~~} /' -;7'--_ Property Owner Date Property Owner Date 1rlr*************************************rfr*********************tt******tt***************~***•********************************H*** I (we) _____________ of ___________ _ [print name(s)) [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at· _________ also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. . Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 1 O days prior to the scheduled meeting date. -14 -RECEIVED JAN 1 8 2012 CITY OF ORONO #3-545 PC Exhibit H City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application# 12. ·-. XJ-1~ Date Received: I -I X ~ I ~ Staff: (~J~A/\ _____ _ Fee: $700 --,---------Renew a I: $350 --'--------A ft er -the -fact: $1,400 Double Fee Escrow Fee: $600 I $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road, Orono, MN 55391 Property Identification Number (PIN): 20-117-23-32-0014 Date Property Acquired (month/year): 5/93 D Yes, I own the adjacent parcels. Zoning District: LR-lC --------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Jean Andre LaTondresse AIA, JAL Architects Ltd. Phone (home): (Cell): 952 201 6076 Phone (work): --'--9~52~40~4~1~6~65~------ Complete Address: 307 Manitoba Avenue City, State & ZIP Wayzata, MN, 55391 Email: jalarch@mcleodusa.net Fax: _9_5_2_4_7_6_9_94--'--9 _______ _ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: John & Patty Bailey Phone (home): 952 471 8776 Phone (work): (John Cell): 612 860 0651 Complete Address: 2807 Casco Point Road, City, State & ZIP _O_1_·o_no....,,'--M_N_5_5_3_91 _____________________ _ Email: johnbailey1942@gmail.com Fax: -...c.n..;..o....;cn..;..e __________ _ DESCRIPTION OF REQUEST: Describe the request in detail ( attach additional sheets if necessary): Owners request penuission lo construct a screened porch addition attached to their existing home. Their current hard cover (75' -250') is at variance to ordinance. An objective of the project is to reduce this hardcover as much as is practicable. Hard cover will be reduced from 30.38% lo 26.7% by reduction of patio and deck areas and by confirming plastic sheeting is removed from under gravel mulch areas. In addition, the property is located on the outside of a dog-leg lmn in Casco Point Road; this causes the lake set back line connecting the adjacent homes lo fall approximately twelve feet into the existing home (see EXHIBIT B). The proposed porch is localed approximately ten feet back from the lakeside face of the house but still falls beyond the lake setback line which cuts across the property at a sharp angle. -12 - RECEIVED .lllM 1 8 2012 CITY 01= {")Qf'\MI"\ #3545 REQUIRED SUBMITT ALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees {staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject It until It is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement ls completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner aclmowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanVowner and advise the City Planner assigned to your project. Owner's Signature: I-13/ -'l"'L. Owner's Signature: -13 -.. IAN 1 ~ 2~1 ''. CITY O.F ORONO #3545 City of Orono ~Eceiveo Pre-Application Meeting Fom~A~;~!~~o {This form is to be completed by a City Planner during your pre-application meeting .) What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road Orono MN 55391 Property Identification Number (PIN): 20-117-23-32-0014 _..:;:._,:c_::_-=-..:.....=..;:;...=....::....:;..::,._:_ _____________ _ Zoning District: LR-IC Size of Property: 26,814 s.f./.62 acres DESCRIPTION OF REQUEST: D Average Setback D Side Yard Setback D Hardcover 0'-75' B1 Hardcover 75'-250' □ Lot Coverage D Other: □ Lot Area D Rear Yard Setback D Hardcover 250'-500' D Lot Width IS1 Lake/Front Yard Setback D Hardcover 500'-1000' Applicant',s· . PRACTICAL DIFFICULTIES: Applicant and/or Owner has received the Practical Initials: \..c _. · ' --rnfficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant' BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: -· ·--··-·incurred in review of this application and/or additional staff time not covered in Owner's _ rd?? initial application fee, as well as provide an escrow in the amount of Initials: v $ to guarantee payment of the above. OTHER INFORMATION: -9 -#3545 PRACTICAL DIFFICULTIES DOCUMENTATION FORM PC Exhibit I This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the.land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The properly owner proposes to use the property In a reasonable manner not permitted by the Zoning Chapter." NIA 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." See Items 8 and 10 below. 3. "The variance, if granted, will not alter the essential character of the locality." Proposed screen r.orch is designed to continue the architectural character of the existing house. It lies approximately ten feet back from the lakeside face of the house and behind a line connecting the corner of the house with the house to the side where the porch is to be built. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." NIA 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J .06, Subd. 2, when in harmony with this Chapter." NIA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." The proposed use complies fullv with permitted uses within the LR-JC zone. -15 - RECEIVED .IAM 18 2012 CITY OF ORONO #3545 7. "The Board or Council may· permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." NIA 8. "The special conditions applying to the structure or land in question are peculiar to such properly or immediately adjoining property." The property is located on the outside of a dogleg tum in Casco Point Road. The next home to the west lies +45°around the bend in the road. This places the setback line connecting adjacent homes well into the home located on this propertv. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." True , 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." But for the unique geometry of the dog--leg turn in the roadway and the degree to which the neighb01ing properly lies approximately 45° around the comer from this property, the proposed improvement would not require a vaiiance except for preexisting hardcover issues. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." Trne 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary lo alleviate demonstrable difficulty." The Owners currently have an outdoor patio in this location but find their ability to use this living and entertaining space greatly limited by mosquitoes during much of the outdoor living season. Except for the alrcadv explained geometry, there is no reason they should not be able to make this improvement to their property in order to overcome this limitation. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): The other reason the proposed improvements require a variance is that the property is already-in variance to hardcover limitations. Because of this any improvement would require a variance. One of the benefits of the proposed project would be that hardcover will be reduced to the maximum practicable degree. RECEIVED -16 _ .. ll\l\l 1 8 2012 CITit' OF ORONO #3545 .. , . -----------·---------·=-:,-====--=-c::.-=-=-=-=-=c:::-===·===-=-::-:--=----=-=-=-=--~--=--=-=-=--=-1 .. Hennepin County Mailing Label Map Provided By: Tclxpayer Services Department 2.0 •117-23 -23 For more Information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gls. Inf o@co. hennepln .mn. us Map Comments: 1 1 '2 807 ciisco POINT RD I ORONO,MN I , I ill ,,,,-✓ / 1/ (11} Print Date: 1/12/2012 Map Scale: 1" :: 139' Buffer Size: 150 feet Map Legend: Wi'lter Pi'lrl< Pi'll'cel Buffer Re~ion Selected Pi'lrcels /Ii ' PC Exhibit J Mi'ljor Roi'lds Mino1 Roi'l<Js II II • ''~~ ~.r, C I ( ..... " ••i f K HENNEPINa \\l!t_i.1appe --=-=-=--=--=-·-_-_-=-=·· ====.-ffiE .El\l.ED--~~==-=-=-======;::::;=· = ~'~"1 18 2C: ©tJVOFO ONO RUN DAT£: 1/1212012 IIENNEPIN L ,-.TY i'ROl'ERTY INFORMATION SYSTF,M (PROPERTY OW, , .. ns LIST) l'AGE: I 3S 20-117-23 230016 JOY ARLENE GRUNOEEN 2797 CASCO POINT RO JOY A GRUNDEEN 2797 CASCO PT RD WAYZATA MN 55391 38 20-117-23 320012 CA PRICE & CD PRICE 2813 CASCO POINT RD CAROL/\ & CHARLES O PRICE 2813 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0015 ROGER H FRO~lMELT & WIFE 2805 CASCO POINT RD ROGER H FROMMELT 2805 CASCO PT RD WAYZATA MN 55391 38 20-117-23 32 0019 G D & B S CZERWINSKI 2801 CASCO POINT RD GREGORY DffiETH S CZERWINSKI 2801 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0010 WESLEY C & BRENDA BYRNE 2817 CASCO POINT RO WESLEY C & BRENDA BYRNE 2817 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0013 TIIERESA A NORSTEO 2811 CASCO POll\'T RD TIIERESA A NORSTED 281 I CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0016 S l\l WELTZIN & EH HABERMAN 2800 CASCO POINT RD SHANE M WELTZIN ELIZABETII II HABERMAN 2S00 CASCO POINT RO WAYZATA MN 55391 38 20-117-23 32 0020 TODD J THEil.MANN 2799 CASCO POINT RD TODD J THEIi.MANN 2799 CASCO POINT RD WAYZATAMN 55391 ,... . . '") I CERTIFY THAT THE FACTS REPRESENTED \\RE/N ACCU~:}E AND TRUE R~fRESENTATION OF INFORMATION AS IT Al'PE(\M Tl/lo/.D,\;J;Ef'.ON THE RES9l~D.-~ 9;, _HE llE~E;J1f0,U_ NT); T/XPAYER SER\IIC:ES DEPARTMENT. DATE· ./-\I~ ' l.lJ l BY· • V. I ////' ,l, / . \ ·-----. . .. . . -·. ··, ' J/\N 1 2 Zll12 • -1./ .. -r • • 38 20-117-23 32 0011 K 1\1 BOWE & K l\l BOWE 2815 CASCO POINT RD KURT & KELLE DOWE 281 S CASCO POINT RO \VAYZATAMN 55391 38 20-117-23 32 0014 Jl\l& PS BAILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2S07 CASCO POll\'T RD \VAYZATAMN 55391 38 20-117-23 32 0017 TAMMY L WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 2818 CASCO POINT ROAD WAYZATAMN 55391 RECEIVED -.l~M 1 8 2012 CITY OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY, MN 55323=0066 RETURN'SERVICE REQUESTED #12-3545 38 20-117-23 32 0015 ROGER H FROMMELT T ss~ NFE i Cii~ 00 02/14/12 RETURN TO SENDER FRDMMELT'RDGER H TEMPORARXLY AWAY RETURN TO SENDER rac: sss2s006sss •os?e-ososo-10-42 l, l, I, ,1,1111ll111l1l11111 I \n1 ll1111 ll, 11 I l11, 11111 I\, 1 \11 \, \ STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #12-3545 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of February, 2012. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Tuesday, February 21, 2012, beginning at 6:30 p.m. on the matter of reviewing the following land use applications: 12-3542 City of Orono is proposing amendments to Orono Code Chapter 78 Sections 78-72; 78-563(b); 78-568(6); 78-568(7); 78-568(8) regarding lots of record within the Shoreland areas. 12-3544 Charles Cudd DeNovo on behalf of Mary J. Bowman Trust, 1165 Ferndale Road West, LR-1A zoning district, requests lot area and lot width variances; a 0-75' zone hardcover variance to permit 10% hardcover where 15. 3% currently exists and 0% is allowed; a 75'-250' zone hardcover variance to permit 28% hardcover where 38.3% currently exists and 25% is allowed; lake, side yard and rear yard setback variances, and a wetland buffer setback variance in order to construct a new residence on the property. A conditional use permit to conduct grading and filling activity within the floodplain and within 75' of the OHWL of Lake Minnetonka is also requested. 12-3545 J. Andre LaTondresse on behalf of John & Patty Bailey, 2807 Casco Point Road, LR-1 C zoning district, requests a 75' -250' zone hardcover variance to allow 27.12% hardcover where 30.38% currently exists and 25% is normally allowed; and a variance from the average lakeshore setback to allow a proposed addition to be four (4) feet in front of the average lakeshore setback. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by February 14, 2012 if possible. Interested persons may review the applications at City offices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on February 4, 2012. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 1/12/2012 HENNEPIN L ,i"ITY PROPERTY INFORMATION SYSTEM (PROPERTY 0\\. ,.,.RS LIST) PAGE: 1 38 20-117-23 23 0016 JOY ARLENE GRUNDEEN 2797 CASCO POINT RD JOY A GRUNDEEN 2797 CASCO PT RD WAYZATA MN 55391 38 20-ll7-23 32 0012 C A PRICE & C D PRICE 2813 CASCO POINT RD CAROL A & CHARLES D PRICE 2813 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0015 ROGER H FROMMELT & WIFE 2805 CASCO POINT RD ROGER H FROMMELT 2805 CASCO PT RD WAYZATA MN 55391 38 20-117-23 32 0019 GD & B S CZERWINSKI 280 l CASCO POINT RD GREGORY D/BETH S CZERWINSKI 2801 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0010 WESLEY C & BRENDA BYRNE 2817 CASCO POINT RD WESLEY C & BRENDA BYRNE 28 I 7 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0013 THERESA A NORSTED 28ll CASCO POINT RD THERESA A NORSTED 2811 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0016 SM WELTZIN & EH HABERMAN 2800 CASCO POINT RD SHANE M WELTZIN ELIZABETH H HABERMAN 2800 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0020 TODD J THEILMANN 2799 CASCO POINT RD TODD J THEILMANN 2799 CASCO POINT RD WAYZATA MN 55391 ,., ' ") I CERTIFY THAT THE FACTS REP RES EN' TED\ .. ~. RE/'N.· ,A'. c~c , · .:r .. E A.ND' TR·. UE,REJ1RESENT A TION OF INFORMA T!ON AS IT APPm T~I1D~n~fN THE RE~9c1 ~~.;r~E HE -j/Jt()UN-r.ri :~XPAYER SERVIC.~. s DEPARTMENT. DATE: _____ BY: ·· j {. / l•~-·=-t' ·· p /,/ / ... , .1 JAN 1 2 2012 1 .·.· , 11 • ..... , __,, ' / I 38 20-117-23 32 0011 KM BOWE & KM BOWE 2815 CASCO POINT RD KURT & KELLE BOWE 2815 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0014 J M & P S BAILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-ll7-23 32 0017 TAMMY L WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 2818 CASCO POINT ROAD WAYZATA MN 55391 RECEIVED ~IHI 1 8 2012 CITY OF ORONO CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- PERMIT NO.: 2012-00044 DATE ISSUED: 01/18/2012 (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC : 2807 CASCO POINT RD : 20-117-23-32-0014 : SPRING PARK : LOT 123 BLOCK 000 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING PERMIT APPLICATION #12-3545 APPLICANT BAILEY, JOHN & PATRICIA 2807 CASCO POINT RD. WAYZATA, MN 55391- OWNER BAILEY, JOHN & PATRICIA 2807 CASCO POINT RD. WAYZATA, MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. I Applicant Permitee Signature Date ESCROW FEE -APPLICANT TOTAL Issued By Signature SEP ARA TE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. Date 2,500.00 2,500.00 APPLICATION ESCROW AGREEMENT Zoning Application#~ -354.f AGREEMENT made this 18th day of January , 20_!L, by and between the CITY OF ORONO, a Minnesota municipal corporation {"City") and __________________ _ John & Patty Bailey, 2807 Casco Point Road, Orono, :MN 55391 [a corporation -optiona~ ("Applicant"). Recitals 1. Applicant has filed Zoning Application# I Z.. -35 4;f formally requesting the City to review plans for SCREENED PORCH ADDIDON FOR JOHN AND PATTY BAILEY located at 2807 Casco Point Road, Orono, MN 55391 the "Subject Property"} as more fully shown and described on Exhibit "A" attached hereto. 2. Applicant requests the City to review said plans which requires City approval including ___ _ Variance Application 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Applicant establishes an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Applicant shall deposit $ 2500.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred {including planning, engineering, or legal consultant review) or will incur in meeting with the Applicant, reviewing the plans, and preparing agenda packet material for City Council review of application #..J.1:_ -3545' . Eligible expenses shall be consistent with expenses the Applicant would be responsible for under a zoning and subdivision application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Applicant. Applicant shall be responsible for payment to the City within 30 days of the . Applicant's receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Applicant does not make payment to the City within the timeframe outlined in #3 above, the City may draw from the escrow account without further approval of the Applicant to reimburse the City for eligible expenses the City has incurred. The City shall notify the Applicant of such draw and the nature of the expense for which the reimbursement is being made. If the Escrow amount falls below 75% of the original escrow amount the Applicant shall deposit additional sums as directed by the City, or the City shall discontinue all review. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Applicant when the review has been completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Applicant, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balr,• subje<,I property pursuant to Minn. Stat. §§ 415.01 and 366.012. ' CITY,. ORONO APPLICANT!?'."~ ~ ✓-]~ ay:~d..a~~:::::=-----sy: ~. ~~ Its: -~----+-c::,...,,;,~"'" ..... "T"""'..,..1,<."1..c,,,.:;..b-'-+-----Its: _C?_w_n_e.._....t: ______ r-f __ -10- RECEIVED ~JAN 1 8 2012 CITY OF ORONO #3545 C.~d3 iT j>t•' 1---e'a-A(-D rf''SUU. r ,,or~ Certificate of Title Certificate Number: 796239 Transfer From Certificate Number: 741452 Originally registered October 8, 1921 Volume :71, Certificate No : 22753, District_ Court No: 2118 State o f Minnesota County of Hennepin · This is to certify that } S,S, Registration RECE IVED JAN 1 8 2012 CITY OF ORON O John M Bailey and Patricia S Bailey, whose address is 2807 Casco Point Road, Orono, Minnesota, married to each other, as joint tenants, are now the owners of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lots 123 and 124, That part of Lake Shore Avenue, vacated lying between the extensions across it of the Southeasterly line of Lot 123 and the Northwesterly line of Lot 123; That part of Lake Shore Avenue, vacated, lying between the extensions across it of the Southeasterly line of Lot 124 and line extending from the most Westerly corner of Lot 124 to the most Northerly corner of the tract of land across from Lot 124 on the opposite side of Lake Shore f.venue as designated and defined in the instrument of dedication on the plat of Spring Park; That tract of land across from Lot 123 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; That tract of land across from Lot 124 on the opposite side of Lake Shore Avenue as designated and defined in the instrument of dedication on the plat of Spring Park; · That part of Lot 126 described as beginning at the Northeast corner thereof, thence Westerly along the Northerly line thereof 20 feet, thence Southerly parallel to the Easterly line of Lot 126 a distance of 38 feet, thence Easterly to a point on the Easterly line of Lot 126, di stant 38 feet Southerly along the Easterly line of Lot 126 from the Northeast corner of Lot 126, thence Northerly along the Easterly line of Lot 126 to the point of beginning; Spring Park; Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws of the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; . 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lie,n rights which may exist under sections 514.01 to 514.17. Memorials Document Document Date of Filing Number Type Month Day, Year Time Amount($) Running in Favor Of 2062391 Mortgage Dec 26, 1989 10:00 AM $184,000.00 Rosewood Mortgage ·corporation Roseville, MN . Washington Square Mortgage Gompany 2062392 Assignment of Dec 26, 1989 10:00 AM 4500 Westown Parkway Mortgage West Des Moines, IA Assigns document no(s). 2062391.0 Northern Life Insurance Company (a WA corp) Assignment of c/o Washington Square Mortgage Company 2109728 Mortgage Jul 12, 1990 3:00 PM 4500 Westown Pkwy. West Des Moines, IA Assigns document no(s). 2062391.0 Certificate Number: 796239 This is a non-certified copy Melanie Curtis From: Melanie Curtis Sent: To: Wednesday , February 01 , 2012 4 :06 PM Benjamin Gozola Subject: Attachments: FW : 2807 Casco Point Road/ 12-3545 2807 Casco Point Road.pdf Engineering comments. Please forward to your applicants. Thanks. From: David P. Martini Sent: Monday, January 30, 2012 12:24 PM To: Melanie Curtis Subject: 2807 Casco Point Road Melanie , Attached is the comment letter for 2807 Casco Point Road. Let me know if you have questions or comments. Thanks. David P. Martini, P.E. Principal Engineer Bolton & Menk, Inc. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318-1172 P: (952) 448-8838 ext. 2458 M: (612) 756-4315 F : (952) 448-8805 email: davidma@bolton-menk.com www.bolton-menk.com 1 E3C)LTC)N & l'v'JENK., INC ® Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 • Chaska, MN 55318-1172 Phone (952) 448-8838 • Fax (952) 448-8805 www.bolton-menk .com RECEIVED t[B O 1 2012 CITY OF ORONO January 30, 2012 City of Orono Attn : Melanie Curtis PO Box 66 Orono, Mn 55323 RE: Zoning Application 12-3545 2807 Casco Point Road House Addition Dear Melanie: As requested, we have reviewed the submittal package, dated January 20, 2012, for the proposed house addition at 2807 Casco Point Road. Based on our review, we offer the following comments for your consideration: I. This project will disturb more than I 00 cubic yards of material. Therefore, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted for review in accordance with Sec. 79 of the City Code. The minimum $2,000 sediment and erosion control financial security should also be required of the owner for this permit. 2. Hardcover calculations must be submitted demonstrating compliance with the City's Hardcover requirements. 3. Existing drainage patterns need to be maintained . 4 . The applicant will be required to obtain a Minnehaha Creek Watershed District permit for erosion control. A copy of the permit should be submitted to the City after MCWD approval. Please contact me if you have any questions or need additional information. Sincerely, BOLTON & MENK, INC . ~~P. iY}~ David P. Martini Principal Engineer DES IGNING FOR A BETTER TOMORRO W Bolton & Menk is an equal opportunity employ e r MEMORANDUM Date: To: From: c: RE: January 20, 2012 Dave Martini, City Engineer Christine Mattson, Planning Assistant Melanie Curtis, Planning & Zoning Coordinator Zoning Application 12-3545 2807 Casco Point Road Attached is the partial copy of the survey for 2807 Casco Point Road and copies of the elevation plans for the proposed project. Please review the attached information and provide comments by Friday, January 27, 2012. Please call Melanie Curtis at 952.249.4627 if you need additional information or if you have any questions on the attached information. Thank you, C ·t f Q RECEIVED 1 yo rono · .. P A I. t· M t· F ~N 18 20iZ re-pp Ica 10n ee 1ng o~tMoFoRoNo (This form is to be completed by a City Planner during your pre-application meeting.) What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road Orono MN 55391 Property Identification Number (PIN): 20-117-23-32-0014 ----------------------2 on in g District: LR-lC Size of Property: 26,814 s.f./.62 acres DESCRIPTION OF REQUEST: □ Average Setback □ Side Yard Setback □ Rear Yard Setback □ Hardcover 0'-75' 00 Hardcover 75'-250' □ Hardcover 250'-500' □ Lot Coverage □ Lot Area □ Lot Width □ Other: 00 Lake/Front Yard Setback □ Hardcover 500'-1000' Applicant' PRACTICAL DIFFICULTIES: Applicant and/or Owner has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, Owner's and is aware that it must be completed and submitted in conjunction with their Initials: formal variance application. Applicant' BILLS AND ESCROW: Applicant and/or Owner shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in Owner's initial application fee, as well as provide an escrow in the amount of Initials: $ to guarantee payment of the above. OTHER INFORMATION: *Please note: Your vari which this form will be co Applicant SignatJ e: ~~~-=i;;...;::..~..:;...."!""""!~-........,r--- -9- Date: I -I o -i L I -I 'I--•11- Date: / • I o/ · /1 #3545 C ·t f Q RECEIVED 1 y o rono __ _ ~ -.• .. Pre-Application Meeting Fomf~;~!~~o (This form is to be completed by a City Planner during your pre-application meeting.} What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: OTHER INFORMATION: -9 -. 1ived the Practical 1xplained to them, ·unction with their #3545 City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Application# I L ..-~ Date Received: I -IX -1 2- Staff: CW\==~------- Fee: $700 ---------Renew a I: $350 ---'--------After -the -fact: $1,400 Double Fee Escrow Fee: $600 / $2,500 This application form must be completed in full. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 2807 Casco Point Road, Orono, MN 55391 Property Identification Number (PIN): 20-117-23-32-0014 Date Property Acquired (month/year): 5/93 □ Yes, I own the adjacent parcels. Zoning District: LR-lC ---"''-'-'-------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name: Jean Andre LaTondresse AIA, JAL Architects Ltd. Phone (home): (Cell): 952 2016076 Phone (work): --"-9=52=-.,...40=-4'-'1=-.a6=6=-5 ______ _ Complete Address: 307 Manitoba Avenue City, State & ZIP Wayzata, MN, 55391 Email: jalarch@mcleodusa.net Fax: ___:.9....:c5-=2_4'-'-7-'-6...;..9 __ 9-'-49 _______ _ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: John & Patty Bailey Phone (home): 952 471 8776 Phone (work): (John Cell): 612 860 0651 Complete Address: 2807 Casco Point Road, City, State & ZIP _O ___ r'-o_n~o,,_M_N_5_5_3_91 ______________________ _ Email: johnbailey1942@gmail.com Fax: --=n=o-=n;.c..e __________ _ DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): Owners request permission to construct a screened porch addition attached to their existing home. Their current hard cover (75'-250') is at variance to ordinance. An objective of the project is to reduce this hardcover as much as is practicable. Hard cover will be reduced from 30.38% to 26.7% by reduction of patio and deck areas and by confirming plastic sheeting is removed from under gravel mulch areas. In addition, the property is located on the outside of a dog-leg turn in Casco Point Road; this causes the lake set back line connecting the adjacent homes to fall approximately twelve feet into the existing home (see EXHIBIT B). The proposed porch is located approximately ten feet back from the lakeside face of the house but still falls beyond the lake setback line which cuts across the property at a sharp angle. -12 - RECEIVED .IMI 1 8 2012 CITY OF ORONO #3545 REQUIRED SUBMITT ALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. • Some or all of the information that you are asked to provide on this application is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is to annually update our records and records of othe11 go ernmental agencies required by law. If you refuse to supply the information, the applica~ may nft be ssued. ,·· .-' . \ ,,-+~---•~"'" Applicant's Signatu~ .. ----·..-1 · --"-/---'~'-0=-0 _-_,_/_2-_. ______ _ Applicant's Signature: Owner's Signature: Owner's Signature: -13 - I-tf -'l'L I • L"Y /2-' RECEIVED ·.1t1N 1 8 2ri ''. OITY Of L.;<O "''"'' #3545 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." NIA 2. 'The plight of the landowner is due to circumstances unique to his property not created by the landowner." See Items 8 and 10 below. 3. "The variance, if granted, will not alter the essential character of the locality." Proposed screen porch is designed to continue the architectural character of the existing house. It lies approximately ten feet back from the lakeside face of the house and behind a line connecting the comer of the house with the house to the side where the porch is to be built. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." NIA 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." NIA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." The proposed use complies fully with permitted uses within the LR-IC zone. -15 - RECEIVED .. IAN 18 2012 CITY OF ORONO #3545 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." NIA 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The property is located on the outside of a dogleg turn in Casco Point Road. The next home to the west lies ±45°around the bend in the road. This places the setback line connecting adjacent homes well into the home located on this property. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." True · 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." But for the unique geometry of the dog--leg turn in the roadway and the degree to which the neighboring property lies approximately 45° around the corner from this property, the proposed improvement would not require a variance except for preexisting hardcover issues. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." True 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Owners currently have an outdoor patio in this location but find their ability to use this living and entertaining space greatly limited by mosquitoes during much of the outdoor living season. Except for the already explained geometry, there is no reason they should not be able to make this improvement to their property in order to overcome this limitation. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): The other reason the proposed improvements require a variance is that the property is already-in variance to hardcover limitations. Because of this any improvement would require a variance. One of the benefits of the proposed project would be that hardcover will be reduced to the maximum practicable degree. RECEIVED -16-·.IAM 18 2012 CITY OF ORONO #3545 J?ottN fSA-r ~6-',j 5Pf2.IN6 --:j7A-~f<., l/11/JZ. HAR~ER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House X = S.F. Length Width X = S.F. X ::: 8.F. B. Garage X ::: S.F. C. Driveway X = S.F. X = S.F. D. Sidewalk X = S.F. X = S.F. ' 4-~I E. Patio/Deck 5 '21CPE, X = S.F. X = S.F. F. Landscape X ;:;: S.F. Underlain X ;:;: S.F. By Plastic X ::: S.F. G. Retaining toe,,11.-w~u, X = 4/ S.F. Walls H. Other "i<.oc.w... 1301?....r.;,&,1?.. s. X ::: 44 S.F. TOTAL HARDCOVER IN ZONE 61'= S.F. A TOTAL PROPERTY AREA IN ZONE ID I 82.. S.F. B A SIG + B /0182 X 100 ::: '3,oz % PROPOSED HARDCOVER IN ZONE A House X = S.F. Length Width X = S.F. X = S.F. 0 Q C"--.1' z B. Garage X ::: S.F. ~ -~ c::, c--J C. Driveway S.F. ..... co 0 X = w 'I""-LL X = S.F. u w z 0 <C ~ D. Sidewalk X S.F. tr: ---:, ::: X = S.F. 0 E. Patio/Deck X = S.F. X ::: S.F. F. Landscape X ::: S.F. Underlain X = S.F. LC\ By Plastic X = S.F. G. Retaining X = S.F. ~ Walls LC\ H. Other X = S.F. TOTAL HARDCOVER lN ZONE S.F. A N\ TOTAL PROPERTY AREA IN ZONE S.F. B A ..,.. B X 100 = % Jori A( f3 A l 1.-fi, y Sp Q.1 "16 f A-R-t<... yl7/rt. HARDCOVER CA~ION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A. House f l'flitel./ Length 8. Garage C. Driveway J. c.v~l 1< r1t.J.Uf"t1 1) 1rse-c....r1 D. Sidewalk 6 A it. G t.J-i' S:ti.te.,;11 .... E. Patio/Deck De-c../L. ?1t,10 F. Landscape Underlain By Plastic G. Retaining J3ouL.D&l?..S Walls H. Other BoYl..,[)&12..S TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X = 2/80 S.F. Width = S.F. = S.F. = 4-9.b ·. S.F. = I oa,t;; S.F. = S.F. 44- = '71. S.F. = IZ S.F. = ii4-S.F. ::: . ~i:~. S.F. ;::;: i¾-6 S.F. = S.F. = S.F. 2.3 +10+-.34-= 07 S.F. 2.3, + 31,,.-. 10+,0+3 ::: 51.. S.F. 4995 S.F. A \ k c}4-:I S.,F. B A Zf-99!5 + B Jb441 X 100 = __ 3v;3g o/o PROPOSED HARDCOVER IN ZONE A. House X = S.F. ,A-DD l'fiol'J Length Width X = +28h S.F. X = S.F. B. Garage X = S.F. C. Driveway X ::: S.F. X = S.F. D. Sidewall< X = S.F. X = SF E. Patio/Deck X ;:: -I I 7 d~s.F. X = -4-ZJ 12.<Jf/z; 8.F. I F. Landscape £Ct11PVi' ,U AJ?I C (.,lfo#(,tx_ h>Ck.. ::: -.7~5 S.F. Underlain X ::: S.F. By Plastic X = S.F. G. Retaining Wtf'JDOI/J v-Je-1..l. x T'I M BEll.5, = +14-8.F. Walls H. Other X = S.F. TOTALHARDCOVERlNZONE 43':'lcJ. S.F. A TOTAL PROPERTY AREA IN ZONE I ~~~I S.F. B A 43<:Jp -;. B Jt.,.4,.41 X 100 ::: 2 6 .11) % 0 Q C"-1 z w -~ c::> > (',..J -co 0 w -LL (J :z: 0 w <C ~ 0:: -::, 0 LC\ ~ LC\ =1:1:: U Hennepin County Mailing Label Map n Provided By: Taxpayer Services Department I 20-117-23-$2 For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis .i nfo@co.hennepin .mn .us Map Comments: 2807 CASCO POINT RD ORONO,MN I \ Print Date: 1/12/2012 Map Scale: 1" = 139' Buffer Size: 150 feet Map Legend : D ~IA~I 1 8 2C: '. Water Park Parcel Buffer Region Selected Parcels Cm'OFORONO Major Roads Minor Roads II "'➔· ,. EXIBIT "B" AERIAL SETBACK ILLUSTRATION 2807 Casco point Road Date Printed: 1/10/2012 4:07:39 PM Current Parcel Date: 01/06/2012 Sale Date: 05/1993 H Selected Parcel Data Parcel ID: 20-117-23-32-0014 Owner Name: J M & P S BAILEY Parcel Address: 2807 CASCO POINT RD, ORONO, MN 55391 Property Type: RESIDENTIAL LAK Sale Code: WARRANTY DEED Homestead: HOMESTEAD Area (sqft): 26814 Area (acres): 0.62 A-T-B: TORRENS Approx. Setback Line:---- Approx. Porch Location: RECEIVED JAN 1 8 2012 CITY OF ORONO #3545 - _:evooP-fl.-A-N -~~ ~•,1~0• --» 7'.' ... ---. ,~·-.,, . __,-+-~--EXTEND EXIST. STOOP -t .. '1 ""l '] 9 :.,_ RECEIVED JAN 18 2012 CITY OF ORONO #3545 ~o ! ' () -· I() , 0 :, - SCREENED PORCH ADDITION FOR JOHN & PATTY BAILEY 2807 CASCO POINT ROAD ORONO . MN 55391 LAKE SIDE SETBACK JAL. ~c:hlte"1w I.tel. 307 Mantt..ba Avenue Soufh Wcrysoh:l•MN!55391 9.!5::Z-404-1665 Date : JANLIARY 11 2012 PROJECT I 1 1 1 10 0 ~ §:; o z '"II ~ 0 CX) ~ -~ ~ ---z ~ 0 =1:1: \.)J ;a m (') m -< m C \'1 J::: \Tl' SCREENED PORCH ADDITION FOR JOHN & PATTY BAILEY 280 7 CASCO POINT ROAD ORONO . MN 55391 LAKE SIDE SETBACK AT EXISTING HOUSE LAKE SIDE SETBACK AT PROPOSED PORCH '~I 11:1 1 11 1 11111 -~~ - -I ~ll.l";1°, 1-1ou·~ 1',e)'i,,l,:, ~ =:..,',op 1-r10~ j ei<i-.i" -Hc:>J'>!S ~e,~c, ,( ~ > We:,$1 -~~VA-'ilON · ~.,...1-4 • Y1-' •I~"• I I ~-;-------------t- JAL ..Alrc::hltect. Ltd. 307 Manitoba Avenue Sc,utt, Wcry.rotc, • MN ~ 952-404-1665 Date: .JANUASX 11 :2017 PROJECT / 2 11 10 ~=-L t--. RECEIVED JAN 1 8 2012 CITY OF ORONO " (l\ ~ ":t ~ " i ,I l f ti, t ~ . t- t-& ~'.'.t '>~~ ~!e'\' 11\-:ti ~~<-I ~-i ": 0. . lfi! I I ' _ _J • 0 ,!.. . rr • Ill> ::-- 1 .; i I j I I I I) ~ i I : I I ~ ' i I ~t ~ ~ -:r1 I I 5~ ~ ~1 I RUN DATE: 1/12/2012 HENNEPIN C-vuNTY PROPERTY INFORMATION SYSTEM (PROPERTY O\\.,,.:RS LIST) PAGE: I 38 20-117-23 23 0016 JOY ARLENE GRUNDEEN 2797 CASCO POINT RD JOY A GRlJNDEEN 2797 CASCO PT RD WAYZATAMN 5539 1 38 20-1 17-23 32 0012 C A PRICE & C D PRICE 2813 CASCO POINT RD CAROL A & CHARLES D PRICE 2813 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0015 ROGER H FROMMELT & WIFE 2805 CASCO POINT RD ROGER H FROMMELT 2805 CASCO PT RD WAYZATAMN 5539 1 38 20-1 17-23 32 0019 GD & B S CZERWINSKJ 280 1 CASCO POINT RD GREGORY [)/BETH S CZERWINSKJ 280 1 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0010 WESLEY C & BRENDA BYRNE 28 17 CASCO POINT RD WESLEY C & BRENDA BYRNE 28 I 7 CASCO POINT RD WAYZATA MN 55391 38 20-1 17-23 320013 THERESA A NORSTED 281 I CASCO POINT RD THERESA A NORSTED 28 11 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0016 SM WELTZIN & EH HABERMAN 2800 CASCO POINT RD SHANE M WELTZIN . ELIZABETH H HABERMAN 2800 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 32 0020 TODD J THEILMANN 2799 CASCO POINT RD TODD J THEILMANN 2799 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED t RE :N ACCH -SENTATION OF INFORMATION AS IT APP T r ~D 01. N THE RECO .. DATE : ________ BY: -----,µILl<'-"'b+c..9~--"e::.....,,c_,F--f,:-..-- jAN 1 2 2012 _) 38 20-117-23 32 001 I KM BOWE& KM BOWE 2815 CASCO POINT RD KURT & KELLE BOWE 28 15 CASCO POINT RD WAYZATAMN 5539 1 38 20-117-23 32 0014 J M & P S BAILEY 2807 CASCO POINT RD JOHN M & PATRICIA S BAILEY 2807 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 32 0017 TAMMY L WOODIS 2818 CASCO POINT RD TAMMY L WOODIS 28 18 CASCO POINT ROAD WAYZATAMN 55391 RECEIVED ~l~M 1 8 2012 CITY OF ORONO Jan.11.2012 04:55 PM ~nhwarz Bldrs Inc/JAL Arc 952476°q49 ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMt:NT FORM · t (we) Roger & Carole Frommelt [print name(s)] of 2805 Casco Point Road [print address] PAGE. 2/ 5 have reviewed the plans for the proposed improvement ot ptoposed use of the property located at 2807 Casco Point Road also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am {are) aware of the improve~:t the proposed neighbor's project or use requires Counon approval. ~ ;;:-~__ 1/,1/12.. PropertY. OWf}jl' / L Date r r I Carule rrowi11V1e ,. I {we) ____________ of ____ ~------ [prlnt name(s)] [print address] have reviewed the plans for the proposed Improvement or proposed use of the property located at · ----~---also referred to as Land Use Application No. ____ . t (we} understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am {are) aware of the impr()vement plans and that the proposed neighbor's project or use requires Council approval. . Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -14- RECE IVED JAN182012 #7 c·4 5 CITY OF ORONO ;) :J I t ADJACEN ROPERTY OWNERS' ACKNOWLEDGE1 ,n FORM · I {we) Theresa A. Norsted [print name{s)] of 2811 Casco Point Road [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 2807 Casco Point Road also referred to as Land Use Application No. ___ _ I (we) understand that in executing this acknowledgement, I (we) am (are} not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the pr~~ed neighbor's project or use requires Council approval. / # / a tt(/ld, / // / -:;;L---- Property Owner Date ****-lrlt***************'lrlr1t****1rlt********1rlrtt***♦'lr*********1rlt***1rlrlr*****rlr*********-lrlt*******1rll**********************'k1r********'lrlf*** I (we) _____________ of ___________ _ [print name(s)J [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at- _________ also referred to as Land Use Application No. ___ _ I (we} understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we} am (are} aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. . Property Owner Property Owner Date Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. -14 -RECEIVED JAN 1 8 2012 CITY OF ORONO #3545 Je a n Andre LaTondresse AIA VARIANCE APPLICATION CITY OF ORONO, MN January 18, 2012 OWNER: John and Patty Bailey 28<Jl' Casco Point Road Wayzata, MN 55391-9799 APPLICANT: J. Andre LaTondresse JAL ARCHITECTS LTD. 307 Manitoba A venue Wayzata, MN 55391 RECEl~ED .lflt\l 1,8 2012 CITY OF ORONO 307 Manitoba Avenue South • Wayzata, MN 55391 • 95.2-404-1665 wwwjalorch.com E-mail, jolarch@mdeoduso.,et F"" 952-476-991 3 5 4 5 Date Application Received: 12-22-04 Date Application Considered as Complete: 1-12-05 60-Day Review Period Expires: 3-12-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner _\11 January 13, 2005 #05-3079 January 18, 2005 Page 1 of 4 Subject: 05-3079, James B. Meister on behalf of Peter & Nicole Thomas , 1385 Orono Lane, 0-75' Hardcover and Lake Setback Variance, Public Hearing Zoning District: LR-lA, One Family Lakeshore Residential District (2 acre min .) Lot Area: 1.3 --, __ ·--~, Lot Width: 42~ ft?(l1i Ct{Allk l S ~ r?y.7~l 1j ~A_f_'P_lz-.c-a!_io_n_S-_u_m_1_n_a,-y-: -j t?I. 11 bttY fJ (Cl h rit'.( ~ V tit order to construct a 8 x 11 landmg/deck ab , VJ . /1./1 • f 1 r I/ .J b..iJ' he lake side on the home: r Df.,. ~on O o.evr--".;t' S, ...... f u ) 1. Hardcover varian1 [!v.e oovi<7 cl.er fiii,?.S ~n;(u;ver, 0-75' lake setback zone when 0% is : " 2. Lake setback vari: (of ClM v{e vveJ.o )_· 5ee-, l approximately 56' from the OHWL c a~ di, Rt?{ f ye v1 ~ g_,f VVVl£-rl-0 l;VVI)~~ L nsY"I Staff Recommendation: proposing to increase the lie in the amount of she current house. . _ .V,1~ fil .,Je) : the applicant is not <:fa l V ~ cffvl.., ""' · · r""~--.,.., :one . The hardships the location _of the han no !here Date Application Received: 12-22-04 Date Application Considered as Complete: 1-12-05 60-Day Review Period Expires: 3-12-05 To: From: Date: Chair Rahn and Planning Commission Members Ron Moorse, City Administrator Janice Gundlach, City Planner-~ January 13, 2005 #05-3079 January 18, 2005 Page 1 of 4 Subject: 05-3079, James B. Meister on behalf of Peter & Nicole Thomas, 1385 Orono Lane, 0-75' Hardcover and Lake Setback Variance, Public Hearing Zoning District: Lot Area: Lot Width: LR-lA, One Family Lakeshore Residential District (2 acre min.) 1.387 acres (30.435 s.£) 428' @ shoreline; 294'@ 75' setback Application Summa,y: Applicant requests the following variances in order to construct a 8' x 11' landing/deck above the existing mechanical equipment on the lake side on the home: 1. Hardcover variance to permit 10.79% hardcover within the 0-75' lake setback zone when 0% is allowed and 10. 79% currently exists. 2. Lake setback variance to permit the landing/deck to be located approximately 56' from the OHWL of the lake when 75' is normally required. Staff Recommendation: Staff recommends approval of the request as the applicant is not proposing to increase the total amount of hardcover within the 0-75' zone. The hardships lie in the amount of shoreline the property contains in addition to the location of the current house. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 7 5 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 3 5 percent hardcover. (Ord. No. 101 2nd series,§ 1(10.56(16)(L)), 2-24-1992) List of Exhibits Exhibit A -Applications Exhibit B -Hardship Documentation Form Exhibit C -Existing Survey Exhibit D -Proposed Plan Exhibit E -Hardcover Calculations Exhibit F -Removal Plan Exhibit G -Proposed Elevations Exhibit H-Photographs #05-3079 January 18, 2005 Page 2 of 4 Exhibit I-Adjacent Property Owners' Acknowledgement Forms Exhibit J -Property Owners List Exhibit K -Plat Map Background The applicant met with the City's Building Official several months ago to discuss this project. Planning Department staff was briefly brought into this meeting, however never had a clear view of what was being proposed. The applicant submitted this application on the deadline day without a pre-application meeting. Staff has since worked with the applicant to understand what exactly is proposed and what variances are necessary. The applicant received a variance in February, 2001 that permitted hardcover and grading within 75' of the lake for construction and repair of various retaining walls. That request permitted 3,258 s.f. of hardcover when O is allowed. That number varies by 55 s.f. from the existing hardcover level of 3,203 s.f. that was submitted with this request. Staff has determined that the 0-7 5' hardcover calculation submitted with this request should be used in determining what should be approved. This is because the 3,258 s.f. allowance was based on the need for retaining wall repair and construction. If 3,258 s.f. was not needed for retaining walls, a deck shouldn't be allowed to make up the 55 s.f. difference. LOT ANALYSIS WORSHEET Lot Area/Width LR-lA Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 57,053 s.f. (1.3 acres) 428' @ Shoreline; 294'@ 75' Setback Setbacks LR-lA Required Existing Proposed Front NIA NIA NIA Rear (street) 50' 117' No Change Left Side 30' 65' No Change Right Side NIA NIA NIA Lakeshore 75' S t IC true ura overa2e Total Lot Area 57,053 s.f. (1.3 acres) Hardcover Calculations Hardcover Total Area in Zone Zone 0-75 29,693 s.f. 75-250 27,360 s.f. Allowed 52' house #05-3079 January 18, 2005 Page 3 of 4 45' patio 5 6' proposed deck 22' boathouse Total Structural Coverage Allowed: 8,558 s.f. (15%) Proposed: No Change Existing Proposed Hardcover Hardcover Hardcover 0 s.f 3,203 s.f.* No Change (0%) (10.79%) 6,840 s.f. 7,433 s.f.* No Change (25%) (26.76%) * After exclusion of fabric or plastic-lined landscape beds Hardcover Variance The applicant wishes to construct a wrought iron deck on the lake side of the existing home, within the 0-75' hardcover zone. Although the deck consists of wrought iron, the Cities codes and formal hardcover policies consider the entire area of the deck and associated staircase as hardcover. The deck will be placed over the existing air conditioning units, and the chimney shaft located on that side of the home will be removed to accommodate the deck. Also, a set of French doors will be constructed into the eastern wall of the house to provide access to'"the proposed deck. The existing hardcover level within the 0-75' zone is 3,203 s.f. (10.79%) with the applicant proposing 100 s.f. of new hardcover and removal of 100 s.f. This constitutes no increase above the current nonconforming level. However, because the nature of the hardcover is changing, a variance is required. Lake Setback Variance The deck is proposed on the southeastern side of the home. Due to the curve of the shoreline, the proposed deck and existing home are located within 75' of the lake requiring variance approval. The proposed deck will be setback 56' from the shoreline when 7 5' is normally required. Hardship Statement Applicant has provided a brief hardship statement in Exhibit B, and should be asked for additional testimony regarding the application. Hardshin Analvsis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and ail; danger of fire, risk to the public safety, and the effect 011 values of property in the surrounding area. The Plannillg Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enfo1·cement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keep inf? with the spirit and intent of the Orono Zoni111? Code. #05-3079 January 18, 2005 Page 4 of 4 Staff finds that a hardship exists in order to grant the variance request. The property has a significant amount of lakeshore with only a street frontage and one interior side yard in addition to the 400+ feet of shoreline. Also, the existing house location further restricts any improvement made to the property as much of it lies within 75' of the lake. Staff finds that due to the proposed removals and no net iia.crease in hardcover is proposed, the variance request should. be approved. Issues for Consideration 1. Are there any negative visual impacts from the lake should this be approved? 2. Are there any other issues or concerns with this application? Staff Recommendation Approval of the proposed 8' x 11' deck and 12 s.f. associated staircase subject to removal of 100 square feet of existing 0-75' hardcover to result in no net increase in hardcover. EXHIBIT A City of Orono Variance Application Street Address: 27 50 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay, MN 55323-0066 Application # {',5 -307 '1 Date Received: . /WZIOV Amount Paid: .j) b 06 3 c, ' Staff : J fr/I} I U Fee: $600 ---------Renewal: _$_3_0_0 _____ _ After-the-fact: $1,200 Double Fee This application form must be completed in full. Ap~·icant will be notified within 15 days as to the status of the application. Incomplete applications_ will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: /3'3S cJ/c.tJtJCJ /.-.AA.JE Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ___ □ Yes, I own the adjacent parcels. Present use of property: )8' Residential □ Other -------------------Zoning District: APPLICANT INFORMATION: (Complete legal na~es and marital status required for each interested party) Name: 0/tM 6 A . fV\fcl s..---rr;;tc_ Phone (home}: t, r2--~~'2--"rb~C> Phone (work): t12 r t.;;;i. ~ ,... ? <-/ ~ q Address: Lf-7&/-~ N1c.01-L£1 bvt . ~ , /v) PL S:. . } f'vltJ ~/1' Email:..J;V11=1sf'E:~ @R.G:=1..J71=-'7c~tJ1-1~-r1<:uc.'i,o/J~~tJM.. Fax: bl1--'a3?3-?OS'=] OWNER INFORMATION: (Complete legal names c~d marital status required for each interested party) Name: A./; to! k: ..J-P['f€.k_ -r1i~ ,,._,p._S, Phone (home): ' ?~:J.-'-l7rb;-tf; cf 1 L/-Phone (work): C,; ,?, -(.p;;.-~-~ '11J Address: /31,S-tJ/c.t1rvt> l--AJJE.. Email: ____________________ Fax: ____________ _ t¥ J.l (:~~ '?~. f"'~f.Y .,c;(·=~·, .. . ::JlL ;;-- City of Orono Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.*) Street Address: Mailing Address: P.O. Box 66 For Office Use Onlv: City Planner: J A·1v '(/_::-2750 Kelley Parkway Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date/Time: /!_; 7-.~l./ L c/ 1 ,' ,; t t--17,1 PCOate: )~1/ F< JN,:/111,.,l'l -~'-------~------Main: 952-249-4600 Fax· 952-249-4616 What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: / 3:!!., S:-C.·,R.,._11 . .J D L-/tU~ Property Identification Number (PIN): , Zoning District: ck. /A Size of Property: / 3 t,.·u o :1. DESCRIPTION OF REQUEST: .□ Average Setback □ Side Yard Setback □ Rear Yard Setback )Z3.. Hardcover l r; 1 □ Lot Coverage □ Lot Area tll, Other: { ra:", )t +IJt/ ct. ' . □ Front Yard Setback □ Lot Width ----·-----•----· Applicant's ✓ 11 I . . I i!_ Ii n1t1a s: r;-rv-........ I HARDSHIP: Applicant has received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: *Please note: Your variance application will NOT be accepted without a pre-application meeting during which this form wi,11 be completed by City staff . . ' I I . . I/ /~ -_j._ . ., J Applicant Signature: /24,-r,. .,,,.,,1 /J.., ,I i /(/7 Lt./•,._. Date: //-d0 ~ o • !· / EXHIBIT 8 Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1. "The property in question cannot be put to a reasonable use if used under conditions allowed by th~ official controls." .:-.>,I:.._-'~{.,-.J.. !-l ..:.p.,-rL"· ) . .'i :1 ;::--: r~, /,~? :::·tL .41.~ /~ /' .1'v1 p :_-6.(, -z·t~ '._,..,.\_.. r~,, :'~. l~-.:.~,t{ 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 th~ essentla: character of the locality." . c·~-~ t-\ i_~.-~~ ~.rf·.L--~:~·--t/~rrr~.Jl'~-~ '-~r f,; f ~1 /j P~E~_-r;-~ /;., _c;-~.J~~~· 0·:. ~-; € .h.J{i .. .c,J --~-i--f,_;;..;t,.,~\ c .-r--;::r,:.-· /1 F-~rre· [..-1:r (.K[-i-:.-'--/ i /,J R.'.l. t://:~f·~-•' J_;,,i {_;--r, ;.::;::.1 ... , r .. i·- iJ r: ::.~·r;-,.,;:~•" L_:'::L.-!:;\/,t/.l.7~J .. \J -r~": /JF:.·i~:;_(:f--; ,f-:-1(_:_.~v~ -~, "ii:+,";_<_. t-~ ~-.· ,,", • 4. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." l ,..... /:-:·-,._.? _; ..... ,..,_" ;,__;_,.;~f•--_·· ::.r:--1,'": ~:.,:..., .. A;~---,.; 12. Page 3 of 3 "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.'.' " I • e , c_;-(~·-... ;~'.--:-,.~-•-,\:'~~~ ; ... ~:;-,:'"';;.t<·:~:•,.,1.~·~;·· !,• .. '[1. !t~::.. ... /f_ .. -·:,., ~::: ___ ..,.• .. :_-:: --(-:.-·~"'~----- L'-t~:;_, 1 '::: ... ( l ,<· ... ,/ • ~·-//f: ; .. ·.-,-r <ti ,,.-' ~--.... -,_, :._ ..... Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): -------------------_______ ,.,_,, _________ .. ________ _ ,, _____ .. ________ _ ________ ,, ______ .. ___ , ·-______ ,. ___ _ -------~--- --------------------------~---------------- ------·----------------·----------------,_.., _____ ,, __ ----------------------------------- -----------------·- __/ ii~ ;! STONE PA110 en.ow ( ]8.11 THREsHOLD ELEVA 11oN 941,31 $? ~ ·cg, '/ EXISTING RESIOENcE 1385 ORONO LANE/ au\LDING FOOTPRIN.T ,-REA --,.. 2,449 sauAAE ft.ET PIO f 02-117-23-3-4--0003 SHORELINE OF LAKE MINNETONKA OCTOBER 27, 2000 LAKE UEVA TION -927.43 LEGEND CB® CATCH BASIN SSMHO SANITARY SEWER MANHOLE EMOO ELECTRIC METER lR m TELEPHONE RISER 0,D. DENOTES OUTSIDE DIAMETER GM@] GAS METER --944--EXISTING CONTOUR UNE --945--EXISTING IDX CONTOUR LINE + 932.07 DENOTES EXISTING SPOT ELEVATION ~{&iJ~i~J ornmes e.w"'soos ~sc,cr ... ORDINARY HIGH WATER I.EVEl El..£VATION -929.40 LAKE MINNETONKA HIGHEST RECORDED WATER ELEVATION ,.. LOWEST RECORDED WATER a.EVATION • AVERAGE WATER LEVR - OHW ELEVATION .. OAnJM: INFORMATION PER 930.51 921.78 926.46 929.4 1929 DNR IHFORMA TION CENTER Odnr.stato.mn.ua/porl/lk.Jcvels..pl?ld-270133300 NOTE: FEATURES AND TOPOGRAPHY SHOWN AS PER SURVEY DONE OCTOBER 27. 2000 HARD COVER CALCULATIONS EXJSllNG HARDCOVER IN ZONE SETBACK ZONE: 75'-250' !:!ff_ HOUS€, DRIVEWAY: SIDEWALK: ROCK WALLS TOTAL! SETBACK ZONE: !:!ff_ HOUSE:- BOAT HOUSE: DRIVEWAY: S1DEWALK A: SIDEWALK B: SlDEWALK C: PATIO/DECK TOTAL: AREA IN SQUARE FEET 1,466 S.F. 5,42B S.F. 31 S.F. 377 S.F. 7,433 S.F. o·-1s· AREA IN SQUARE FEET 1,274 S.F'. 154 S.F. 1,121 S.F. 225 S.F. 14 S.f. 25 S.F. 300 S.F. 3,216 S.f. TOTAL HARDCOVER IN ZONE • 7,322 S.F. TOTAL PROPERTY Af'£.A IN ZONE -27,360 S.F. 7,322 / 27.360 • 0.2676 X 100 -26.76% TOTAL HARDCOVER IH ZONE -3,203 SF. TOTAL PROPERTY AREA IN ZONE ... 29,593 S.F. 3,203 / 29,693 • 0,1079 X 100 • t0.797. ,,\\\\\'11,111;1::.;111•'1.1 ,"'' v ... D. ht:::,,iA' ...,,,,,,.,. /~f-········...::~~f\ m >< :c -OJ --f C') :: : PROFESSIONAL ci:RTIFH!ATION ~ ( LAND SURVEYOF\ HEREm' CERTIFY lHAT lHIS SURVEY, P : : of< REP.!JRT WAS PREPARED BY ME OR ~ '"'9" )'; ·•••. • ••• • '1£YOR UNDER lHE LAWS 0~ TiiE 1 (R) DENOTES RECORD DIMENSION AS PER PREVIOUS SURVEY OR DEED '; (jl •• Ji"MY DIRECT SUPER\1Sl0N AND lHI ~ /' •••• 18407 .·) $ OULY LICENSED PROFESSlON") ',;. /!=" .••••••• ~ ~-,.illNNESOTA. '",,,,OFM\\..:",,,,~ (M) DENOTES MEASURED DIMENSION THIS SURVEY PREPARED FOR: 1'1111111111111\\'' PETER THOMAS • - R.Ls. REGISTERED LAND SURVEYOR 1385 ORONO LANE MARK D. KEM • PLS 18401 ORONO, MINNESOTA 55391 ..-,,,,,,f---C-:-- □ATED n-us ~ DAY OF~ EXHIBITD (j CCC i:, s; tlfPc!I<.+Mi&--Cb!-J~t~ :f?2t>s. + -T) £~'fl-le 'HioT1 ~ c;'. 'S, +-t I II I c) /rMt:7vJ>&7~ /-10 ... os- ftS ~//t,,,.,:; : --- 1-10--0~ A: J?;l/1W!: EXHIBITE HAR~R CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'.,j 75-250' 250-500' 500-1000' -----· EXISTING HARDCOVER IN ZONE A. House Length B Garage C Driveway D. S1de\valk E. Patio/Deck F. Landscape Underlain By P:asttc G Retaining Walls H. Other '2_0A~)fOV$b TOTAL HARDCOVER IN ZONE TOT AL PROPERTY AREA IN ZONE X X X X X X X X X X X X X X X A ______ 7 B PROPOSED HARDCO\'=:R IN ZONE. A House B Garage C. Driveway D. Sidewalk E. Patio/Deck F. Landscape Underlain By Plastic G. Retaining Walls H. Other Length X X X X X X X X X X X X X X X Width Width = ;-;;;=;-'-/ S.F. = S.F. = S.F. = S.F. = LI ;J.../ S.F. = S.F. -------~-·-· = ';l.olS-SF. = ;?Jq S.F = SF. = '3-fD S.F. = SF = SF. = SF. = S.F. = J5't SF Scl.O~ S.F. A .Jfll,q'5 SF. 8 X 100 = /b .f'f % = = = = = = = = = = = = = = _/.~'J..~=1--~4.~. _ S.F. ______ S.F. ______ S.F. ______ SF.' ~ /b~JF. ii" _____ ,_S.F. ~5'" S.F. "'1 S.F. ~g 7,.(, Io~ ~ c1ut. _"'1._a_o ___ s·F· JZ.. s,.r. ,, --,, . . .5rltM rs ______ S.F. ______ S.F. ______ S.F. S.F. ------ __,_/~'5lf:~_S.F. ' ) 31.09 1,2&3 OF (PER EY) -~ ~ )T &ITUM!NOUs DR!\IEWA y r-r--,---..., 94D.39 STONE PAllO BELOW 78.77 EVATION /STING RESIDENCE ,/" ORONO LANE_.,,...- 1NG FOOTPRINT AREA 2,449 SQUARE FEET 02-117-23-34-0003 7.75 THRESHOLD £L£VA110N 950.72 57.84) SHORELINE or LAKE MINNETONKA - OCTOBER 27, 2000 ♦ 932.62 22" ASH + 932.67 12" I· EXHIBITG· : {~. '-: > //-:"-:-"" ; · Felt Solid Mopped Together ,,.,c<'.,U\,• ~1, l~_;tt ~-~/, :;;;t\ <:·'':::::~'.:'.,;. C-'\};1.~J/. 1,: -,,,~;:':,"-.:;,:fol,·"~ H.J~-rAU.-· :✓[;.;1.: 0~\,,.:,.;, !:;".4,-t.r-c~ + l f•.i~ c!s.,1,,1-s i~rE ~\.LJ:..:s, ·/ ~-1 .A~!~•t..-T f(ao~·~-lL.., fl;:;\..:f :r: ::':::_:it f..::=fH•·\~:T ;:-~;:·t'i" :.1•Jt;-1:";~~"..:(f-.::p.-j-.ff r ~ T e,J,,,, 2layern Of15LB ; : 24,-lnside EXT. Wall Lin~ ·r "'"'·. r wrr~;:""" ,-~, ; M~1~R ~ iFtood srnog\,s a, Shakes l ------·· .~t11.f\~'..1 r"Loa~::, :....r::\·1,:.: L,, 1 : i l !:l ; l : ;!'i ·r rM· .. . ______ 11 J tr: :: · j p ! · ;1 : : ! I i •!; -, f 1 !: ~ 1:::r,:::. ::;.,!...!1---w~ 1 1 , 1 : ·: IL Ii 1•0-a:-0 i •;I (:i,. \: 'f!\ ( f~~-Gi-t'>!tr;~! ii ,' •. _; .. ·WI i ! :, I:, :d ! : 1 !i ,!/ !1 I ,,,;;,r,.,,.,,,._;:,·,A'·-. ,,:;! ;' __ , ----·' 1;, :I :: Iii i '. I;: }--~ ~(--,! ii 1j fi;tiiJ'!f~rli1I,cc:j~_~::,:cJ.l .. -_,c_ __ Jj: :: l .! · · ,.j ) I Lc..J. '! To /4-___' -, ! · Ii : eX!~,,,_;,, 9c·,:-;,, \: :_ ·· __ , -~" -'., = ~;c'.;;f_-,;.~;"~ ·Jt'.F.i:i1;~;,J i Ii: -~Xl··•·s<,< o:-,,v=f-'-T _ IT t,-1 1f,: If j~ n=='il1r l .{·] f'.'i'ce:,-:.-:•:, : ,, , .c-•· ••.•• ,, ..• ___ .. . .......... ____ _ ' I 11 i, ., I' ii Ii vii' v. -;:-,~-,:: .... ,-;~ Tf •. !' ·. . :-e;:-£---r: •. ;t;: e~~J;Sr-;-x·:-: 0f~i7k;,0 ~L,~~..::, ~S 1/~:-'...., }Jf8tJ 1,41 fc. o ti Gr\ 7 7.;a.oJJ /. ' • ' . _,, ..... ,, l 1. .J; .. i,; -~~if'·-·· ·• ;, , '""'"ti ti II II~ . :, ! , " . .. :;~ -~: :1 /..fJ1-1p1Nlr, f- ~-flh'fcwA-( ~ _ C/Jua:-··h ~Joe wt.I 1 ; { BC• ~+,w➔ · /l +- ; : __ ;:" 4-=-. '.:=.::~ 1: :: I.I 11 ! 11,11 I ! ! 11 I IJ---J~-··-----. --~-~- ;-~is::l,:~~ 5 • ~'.-.Jt:f ~ f'~~.!.,4 f .;u.r~:~t/,· i(;'2·Yrc:,:i:> s, JS,) ~o u/-l. & L~v;rf;a1v (! tx) /< 1/J b-J-1.• ft_ 71+) ··:T F· ,.,.-;,; I ,,-,:r:;-1 o~o~f LAN. Rf° ~IT¥ Of1 ~~JILOING ~g.RgiT, "'110PE'.CTOR ~Q.\!-11.'" _ DATE~-PER"1rT s,.;, 0 APPROVU) AS SU81,1!Tf\:D , ~PROVED '-NffH CORRE'CT10NS AS; itJ NOT APPROVED -co?..RECT & RE fhe&e comments are for your !r.fcrm-'ltkm. Ail w, m fall ccmpll1:!.1C0 with sH oppttcaS:l.::. bulk:P.r.g &. ~mm-ants Including it-ems not speic.'1ical:y not 1<EEP. THIS PLAN SET ON S11".E AT' ' -·-··----·--····. -···-···-I EXHIBITH ----~--·-·----~---- ,.: :) ,':J •· ,...,,, ....... .. - ,,_ EXHIBIT I ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM ,-, /'! r /! ./ . Iv/ .· }~ . ~-r--·· . i . t" ~) f ' " . "' ,, A., I (we) /r':(t '--" .Lr"-_, 9; 1 •. A-: '✓ ~-1 ,'/'I_,,.,.' ( /v o / _1 r' u /· /, /; /J:) L/·✓ [print name(s)] · [print address) have reviewed the plans for the proposed improvemeqt or proposed use of the property located at t3{:s-C)'::LYJ( L../JYVE.. also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that l (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. (1_,1 i·1' n .,,. / , I .. a' . I •,(J'.A,/-e:';;;-}/ , 'f.v~(~-~7 •'J.',._,;1./h'• Date _,. ' / , •'Property ~yqner I Date · ·, ,/ ,1.,;.•- ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) {(,,n -r .J.,,-/ 111 r •"'--f\ I ., . -, of > :-:;· f j[print name(s)) [print address] have reviewed the plans for the proposed,improvement or proposed use of the property located at/?:./~•::;-(~':.t,v~• c...~ also referred to as Land Use Application No. ____ . I (we) understand that in executing this acknowledgement, l (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ( il1· .. ', / J Property Owln~1 · /\ I'( ! ,I I , /-1/ . ,,, ;· . " "~.: I 3 _ -~ c; Date I Propert{pwner Date RUN DATE: 12/27/2004 38 0211723340003 PROP ADDR 1385 ORONO LA OWNER NAME NICOLE MARIE R THOMAS TAXPAYER PETER M & NICOLE M THOMAS NAME/ADDR 1385 ORONO LA WAYZATAMN 55391 38 0211723340011 PROP ADDR 1325 SHORELINE DR OWNER NAME BEVERLEY M MILLER TAXPAYER NAME/ADDR BEVERLEY M MILLER 1325 SHORELINE DR WAYZATAMN 55391 ( .. c.,·, . ' ¾ r . . _:(r ,· .. •] HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I PROPERTY OWNERS LIST 38 0211723340004 38 0211723340005 PROP ADDR 1387 ORONO LA OWNER NAME DOUGLAS C MOEN ET AL TAXPAYER DOUGLAS &JUDITH MOEN NAME/ADDR 1387 ORONO LA WAYZATAMN 55391 38 0211723340012 PROP ADDR 1380 ORONO LA OWNER NAME D & M JOHNSON TAXPAYER DOUGLASDJOHNSON NAME/ ADDR 4194 CENTER BOARD LA S E STUARTFL 34997-6176 PROP ADDR 1389 ORONO LA OWNER NAME WV BYARS JR & B S BYARS TAXPAYER BONNIBELS&WVBYARSJR NAME/ADDR 1389 ORONO LA WAYZATAMN 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 TAXPAYER SERVICES DEPARTME}f!~Hu:ZE.B1;~, OFMYKNOWLEDGEANDBELIEF. ,·2j~/(coi / (.c' · '/1 , /·1)7/A DATE l-/1 !BY ; 'v( -v/'U? • . I / .. \_./ / ·----~, / M ~ ~ o:; ~ ~ "-I .~~~;i~ .'{··· \-1: ~~~~ :r :·, ~'-'.; I \~~;;l.i:l~ ,.. __ ----------;, ___ ?Q __ _ · ... 1'SO~!i&:iNii111hef .. ,i3as•·. -;iir~~t",,.~~e:ORON0-1.A This is ,iota. legally recorded map; iJt repre~ents a compilation :of information ... and.,datafrom City, County,;andStatemad authorities and other sources. B (13) 1. ' ~ "bt· ;:: 'J.,,, ~ ,' . / bi\)~ ---7 , '.i;e;'t, .. ,,,1,:t,,i:'.,('.1"7'.':; ' ROLL MINUTES OF THE G~~JNO PLANNING .COMMISSION MEJ1.LiNG Tuesday, January 18, 2005 6:00 o'clock p.m. The Orono Plaiming Commission met on the above-mentioned date with the following·members present: Chair David Rahn, Conmrissioners J. Marc Fritzler, Jim Leslie, Roland Jurgens, Cynthia Bremer, and Travis Winkey. Representing Staff were Planning Director Mike Gaffron, Planners Melanie Cmtis and Janice Gundlach; and Recorder Jackie Young. Council Member Sansevere was also present. Chair Ralm called the n1eeting to· order at 6:04 p,111. CONSENT Item No. 2 was removed from the Consent Agenda and Item No. 4 was added to the Consent Agenda. Rahn moved, Jurgens seconded, _to recom.iliend approval of Application #05-3071, granting of a lot area variance to permit construction of a new residence subject to City Engineer approval prior to building permit issuance for the property located at 400 Leaf Street. VOTE: Ayes 6, Nays 0 Rahn moved, Jurgens seconded, to recommend approval of Application #04-3022, renewal of' variances grant~d in 20'00 for a rear yarcl setback variance, subject to the removal of the plasti_c liner froin the landscape beds in the 500'-1000' setback zone, for the prnperty located at 280 Tonka Avenue. VOTJf: Ayes 6, Nays O . #2 05-3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE -VARIAN CE, 6:03 p.in. -6:26 p.m. Petet Thomas, Applicant, was present. Gundlach stated the applicants are proposing to constmct a wrought iron deck on the lakeside of the existing home within the 0-7 5' hardcover zone. Gundlach noted a majority of the residence is located within 75' of the lake. The deck will be placed over the existing air conditioning units and the chimn,ey shaft located on that side of the home would be removed to accommodate the deck. hi addition,· a set or' Fre11.ch doors will be constrncted into the eastern wall of the house to provide access to the proposed deck. Gundlach indicated the applicants are requesting a hardcover variai1ce to pennit 10.79 percent hardcover within the 0-75' lake setback zone when O percent is allowed and 10.79 percent currently exists. The applicant is proposing to remove 100 square feet of driveway within the 0-7 5' zone to offset the 100 square feet of new hardcover being proposed. Staff finds that a hardship exists in order to grant the variance request. The propetty has a significant amount of lakeshore with only a sti'eet frontage and one interior side yard in addition to the 400 plus Teet of shoreline. Thomas iI1dicated they are attempting to improve the safety of the house in an effort to keep a better eye · on their thi'ee young children. Thomas stated his children like to play on a small section of the lalceshore that is relatively flat, with the remainder of the shoreline consisting of a steep bank and not easily accessible. Thomas indicated the residence originally consi~ted of windows o:n the lakeside of the house, PAGEl MINUTES OF THE (, __ ~JNO PLANNING COMMISSION MEh-..NG Tuesday, January 18, 2005 6:00 o'clock p.m. (#05-3079 Nicole and Peter Thomas, Continued) with one of the previous owners constructing a chimney on that side of the house that now blocks their view of the area where his children like to play. Thoinas stated they are proposing to rei11ove the chimney and replace it with windows so they are able to see their children playing as well as improve the access to that area by constructing a wrought iron staircase. Thomas :indicated they are proposing a wrought iron deck because it is water pem1eable and would not alter the runoff in that area. Thomas stated originally when they subnritted the application they did not know that it would be ·considered as hardcover but that they are now proposing to remove a pottion of the driveway to offset the new hardcovei·. Jurgens noted the Plam1ing Cotnmissiontyp:ically reviews hardcover on the entire property whenever an application is submitted, and :inquired whether the hardcover that was installed in fi.'.ont of the main entranceway ha:s been included in the calculations. Gundlach stated that hardcover was included in the calculations. Gmidlach indicated the applicants did submit a revised survey that reflects the work that was completed in 2001. Jutgens :inquired what was approved in the 75'-250' zone. · Gundlach stated 7,433 squate feet of hardcover was approved in 2001 in the 75'-250' zone. Jui-gens inquired Whether that is the amo11nt that cuiTently exists 'in that zone. Gundlach :indicated it is. Gundlach stated prior approval was also received for the 3,203 square feet in the 0-75' zone. Jurge1is stated as long as that hardcover was previously approved, he does not have an issue with it, but thath:e does not'believe the amount of lakeshore constitutes a hardship in this situation. Rahn inquired whether a majority of the deck would be above 30 inches and whether it would be considered as structural coverage. _ Gundlach indicated the elevation plans that were submitted are 1iot to scale and she therefore cannot verify the height. Gundlach stated if the deck at any point becomes taller than six feet above grade, then it would be considered structural coverage. Rahn noted even with the deck being counted as structm·al coverage, this properly is well below their structural coverage limit. Rahn conu11ented that it was his understanding the Planning Commission does not like to swap hardcover for structural coverage. PAGE2 MlNUTES OF THE 0~~JNO PLANNING COMMISSION MEI!, ... .i.NG Tuesday, January 18, 2005 6:00 o'clock p.m. (#05-3079 Nicole and Peter Thomas, Continued) Guhdlach stated the structural coverage ordinance says that if any portion of the deck exceeds six feet in height, it is considered as strnctural coverage, but that she is unsure at this time whether any part of the deck Will exceed six feet. Rahn stated he does not have a problem with the material being proposed to constmct the deck but that he does not like to swap hardcover for structural coverage. Gundlach poi11ted out the air conditioning equipment would remain in that area, which requires the wrought iron. Winkey inquii-ed whether the driveway was originally included in the hardcover calculation for the 0-7 5' zone or whether that only includ,ed the retaining walls that were approved in 2001. Gundlach stated the driveway was allowed included in the 2001 request and was approved based on the level of hardship that the Plam1ing Commission found at that time. Gundlach stated the Planning Commission could recommend denial of the application if they find that there is no hardship. Gundlach noted a majo1ity of the house is located within 75' feet of the lake and was at one point restored. Thomas pointed out the driveway as it cw:rently exists is exactly as it was when they purchased the property in 2001. Thomas indicated the property was built in the 1920s, with the retaining walls also being constructed at that time. Thomas stated they repaired the retaining walls due to their deteriorating conditioi1 in 2001. Fritzler stated he can understand the desii-e to add a door.to improve the safety but that he does not see how addfr1g a deck would add to the safety or secmity any more than the existing window. Fritzler stated he would not have ai1 issue with adding a <loot and a step down but that he is not in favor of adding a deck. Leslie stated 1101111.ally the Planning Co111missiot1. does not like to exchange structural improvements with hardcover, but tlia.t in this case he does not feel it is likely that this wrought ii-on deck would be replaced with another material ovet time due to the air conditioning equipment being located in that area. Leslie stated although the deck still comits as hardcover, it is not the satne type of hardcover as the driveway and that he would look more favorably upon approving the deck in exchange for removal of the driveway. Rahn inquired whether the Plmming Conunission would like. to have the size of the deck reduced from eightfeet to fom-feet. Leslie inquired whether the amount of driveway to be reduced wmlld then decrease if the size of the deck were to decrease. Rahn stated he would prefer to see 100 square feet of driveway removed even with a reduction in the size of the deck. PAGE3 MJNUTES OF THE c ..... ONO PLANNING COMMISSION MEb ... JNG Tuesday, January 18, 2005 6:00 o'clock p.m. (#05-3079 Nicole and Peter Thomas, Continued) Thomas stated the reason the deck was designed in that location is because the house is consh-ucted on a steep bluff and that location limits the height of the deck. Rahn con11ne11.ted the deck could be reduced to four feet and be considered a landing to service the door. Fritzler stated irt his view the deck does not increase the safety. Jurgens noted there cun-ently is a door approximately 10 feet from where the new door is being ptoposed. Jurgens it1quired whether there are any walls dividing those two areas. Thomas stated it is all one room. Jtn·gerts stated in his view the location of that other door tends to dinunish the need for the deck. Thomas stated the location of the new door is a straighter line to the lakesh:ore. Jurgens moved, Ffitzler seconded, to recomn1end denial of Application #05-3079, 1385 Orono Lane, a request for a hardcover variance within the 0-75' zone and a lake setback variance. VOTE: Ayes 3, Nays 3, Leslie, Bremer, and Winkey Opposed. Rahn suggested the applicant submit a more detailed drawing to the City Council. Rahn stated he voted in favor of recommending denial because of the location of the other door and because he is not in fav01; of swapping structural coverage for hardcover. Thon1as ii1quired whether a French door in the location of the chimney could open up to a small balcony without stairs. Ralm noted the Planning Comniissiort has ah·eady voted on his application and that the applicant could suggest that to the Cotn1cil. Rahn inquired whether it would be necessary to submit the revised plans to the Planning Commission. Gu11dlach stated the applicant could subnut a revised plan prior to the Council nieeting, which would enable Staff to make the apptopriate calculations. Gtn1dlach requested the drawings be scaled to allow Staff to verify height. OLD BUSINESS #3 04-2987 HASHEM ABUKHADRA, 1745 FOX STREET-REVISED SKETCH PLAN, 6:27 p.m. -6:57 p.m. Mark Gronbeck, Surveyor, was present on behalf of the Applicant. PAGE4 Date Application Received: 12-22-04 Date Application Considered as Complete: 1-12-05 60-Day Review Period Expires: 3-12-05 Department Approval: Name: Janice Gundlach~ Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: February 10, 2005 Item No.: Agenda Section: Zoning Item Description: #05-3079, Peter & Nicole Thomas, 1385 Orono Lane, Variances Zoning District: Lot Area: Lot Width: List of Exhibits LR-lA, One Family Lakeshore Residential District (2 acre minimum) 1.387 acres (30,435 s.f.) 428 feet@ shoreline; 294 feet@ 75 foot setback A -PC Action Notice 1-19-05 B-PC Memo and Exhibits of 1-13-05 C -PC Minutes of 1-18-05 Meeting Application Summary: Applicant requests the following variances in order to construct an 8' x 11' landing/deck above the existing mechanical equipment on the lake side of the home: 1. Hardcover variance to permit 10.79% hardcover within the 0-75' lake setback zone when 0% is allowed and 10. 79% currently exists. 2. Lake setback variance to permit the landing/deck to be located approximately 56' from the OHWL of the lake when 75' is normally required. Planning Commission Recommendation The Planning Commission had a tie vote of 3-3 on a motion to deny the request. The Commissioners who voted to deny the variances felt that approval of a trade of non-structural hardcover for structural hardcover would not be consistent with past hardcover variances. The Commissioners who would have supported an approval motion felt that because the deck would be wrought iron in order to support the AC mechanical equipment underneath, removal of the non structural hardcover was a better end result in terms of stormwater infiltration on the lot. Staff Recommendation Staff recommends approval of the request as the applicant is not proposing to increase the total amount of hardcover within the 0-75' zone. The hardships lie in the amount of shoreline the property contains in addition to the location of the current house. COUNCIL ACTION REQUESTED Direct staff to draft either an approval or denial resolution or advise the applicant of an alternative solution to gain access out of this end of the house. (#05-3072 Orono Schools) MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. Murphy commented it is not the Council's purview to design signs and that the motion directs Staff to draft a resolution approving the monument sign with the sponsor panel. Murphy noted this sign would not be constructed until the spring, which would give the school district time to work with Staff and also determine exactly how the sponsor panel would look. Fritzler stated the Planning Commission was under the impression that the sponsor panel would only be used to denote the chief sponsor of the sign and that the sponsor panel would not be changed on a monthly or other basis, which would tend to make the sign more commercial. Sansevere stated in his view there should be a plaque in addition to the sponsor panel. Sansevere stated in his opinion the school should have the opportunity to use the sponsor panel to help raise funds for various school projects. White stated in his view the sign would not be highly visible from Highway 12 and that the school has exercised good judgment in the past on what to display on the existing sign. Gaffron noted the motion is in favor of the sign as proposed, with the sponsor panel remaining, and no other conditions being imposed on the sponsor panel. Murphy suggested the City be given the right of administrative review if changes are made to the sign. VOTE ON THE ABOVE MOTION: Ayes 5, Nays 0. 6. #05-3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE -VARIAN CE Peter Thomas, Applicant, and Jim Meister, Applicant, were present. Gundlach stated the applicants are requesting variances in order to construct a 8' x 11' landing/deck above the existing mechanical equipment on the lakeside on the home. The property is located at 1385 Orono Lane, with shoreline on two sides of the lot. Gundlach noted a hardcover variance is required to permit 10.79 percent hardcover within the 0-75' lake setback zone when O percent is allowed and 10.79 percent currently exists. The applicants have proposed removal of 100 square feet of driveway within the 0-7 5' zone to offset the proposed deck. Staff found the proposal reasonable as the applicant is not proposing to increase the total amount of hardcover within the 0-75' setback zone and the hardships found under the 2001 hardcover variance remain unchanged. The Planning Commission had a tie vote of 3-3 on a motion to deny the request. The Commissioners who voted to deny the variances felt that approval of a trade of non-structural hardcover for structural PAGE 11 MINUTES OF THE JRONO CITY COUNCIL MEETING Monday, February 14, 2005 7:00 o'clock p.m. (#05-3079 Nicole and Peter Thomas, Continued) hardcover would not be consistent with past hardcover variances. The Commissioners in favor of the request felt that because the deck would be wrought iron in order to support the AC mechanical equipment underneath, removal of the non-structural hardcover was a better end result in terms of storm water infiltration on the lot. Sari.severe moved, Peterson seconded, to direct Staff to draft an approval resolution for Application #05-3079, 1385 Orono Lane. Moorse stated since the wrought iron deck would be considered structural coverage, he would recommend that the applicant be restricted from coming in the future and requesting that the landing be converted into a three-season porch. Thomas indicated they have no indication of converting the wrought iron deck into a three-season porch. Peterson inquired whether there was any public comment concerning this application. There were no public comments. VOTE: Ayes 5, Nays 0. 7. #05-3080 INTERSPACE WEST, 2060 WAYZATA BOULEVARD WEST-PUD - CONCEPT PLAN REVIEW Gina Carlson, Architect; Philip Carlson, President of Interspace West; Dan Larson, Engineer; and Daniel Kaplan, Attorney-at-Law, were present. Gundlach stated the applicants are requesting a B-6 PUD General Concept Plan approval, Preliminary Plat and a Commercial Site Plan approval with easement vacations in order to construct 20 units of office condos on approximately 2.6 acres located at 2060 Wayzata Boulevard West. The proposed condos are two-story walkouts containing approximately 34,186 square feet of gross square footage. Each building will contain a walkout level, a main floor level, and a second story mezzanine. Gundlach stated the PUD process requires a general concept plan stage and the general development plan stage, which is similar to preliminary plat approval and final plat approval, with the Planning Commission reviewing both stages. Gundlach stated the property was zoned and platted B-6 PUD as part of the Orono Woods Senior Housing Development to the direct east. Approval of this project would include amending PUD Agreement No. 2 as it relates to the new applicant and the new project. Gundlach gave a brief history on the prior project proposed for this site, which involved an office condo development that was looked upon favorably by the Planning Commission and the City Council. Ultimately the office condo project was never given final PAGE 12 Date Application Received: 12-22-04 Date Application Considered as Complete: 1-12-05 60-Day Review Period Expires: 3-12-05 Department Approval: Name: Janice Gundlachp Title: City Planner REQUEST FOR COUNCIL ACTION Administrator Approval: Date: February 24, 2005 Item No.: Agenda Section: Zoning Item Description: #05-3079, Peter & Nicole Thomas, 1385 Orono Lane, Variances Zoning District: Lot Area: Lot Width: List of Exhibits LR-lA, One Family Lakeshore Residential District (2 acre minimum) 1.387 acres (30,435 s.f.) 428 feet@ shoreline; 294 feet@ 75 foot setback A -Resolution B -Council Action Notice of 2-16-05 C-Council Minutes of 2-14-05 Application Summary: Applicant requests the following variances in order to construct an 8' x 11' landing/deck above the existing mechanical equipment on the lake side of the home: 1. Hardcover variance to permit 10.79% hardcover within the 0-75' lake setback zone when 0% is allowed and 10.79% cun-ently exists. 2. Lake setback variance to permit the landing/deck to be located approximately 56' from the OHWL of the lake when 75' is normally required. At the February 14, 2005 meeting the City Council voted to approve the request as submitted stipulating removal of 100 s.f. of driveway within the 0-75' zone. Staff was directed to draft a resolution approving the request, which is attached as Exhibit A. COUNCIL ACTION REQUESTED Adopt the attached resolution approving a hardcover variance for the 0-75' zone and also a lake setback variance to permit construction of a wrought iron deck within 75' of the lake. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1279, 78-1288 FILE NO. 05-3079 WHEREAS, Peter M. Thomas and Nicole M. Thomas, husband and wife (hereinafter "the applicants") are the owners of the property located at 1385 Orono Lane within the City of Orono (hereinafter the "City") and legally described as follows: See Attached Exhibit A (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction of a wrought iron deck within the lake yard requiring a 0-75' zone hardcover variance to permit 10.79% hardcover when 0% is normally allowed and 10.79% currently exists and also a lake setback variance to permit a lake setback of approximately 56' when 75' is normally required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3079. 2. The property is located in the LR -IA zoning district, which requires a minimum lot area of 2.0 acres. The applicant's property is approximately 1.387 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on January 18, 2005 where a motion to deny yielded a tie vote. The City Council reviewed this application on February 14, 2005 and voted 5- 0 to grant approval of the variances based on the following findings: Page 1 of 6 a. Because the wrought iron deck will be placed over existing mechanical equipment, no further negative visual appearances from the lake will result. b. The mechanical equipment will restrict the deck from becoming anything other than wrought iron, which is almost entirely permeable. c. The deck will not be any closer to the lake than the existing lake yard encroachments, which were approved by variance in · Resolution #4604. d. The removal of 100 s.f. of driveway within the 0-75' zone with benefit the lake much more than the addition of the proposed wrought iron deck that is almost entirely permeable. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to permit construction of a wrought iron deck within the lake yard requiring a 0-7 5' zone hardcover variance to permit 10.79% hardcover when 0% is normally allowed and 10. 79% currently exists and also a lake setback variance to permit a lake setback of approximately 56' when 75' is normally required, subject to the following conditions: Page 2 of 6 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the 10. 79%. Hardcover in the 75-250' zone shall be limited to 7,433 s.f. or 26.76% per the proposed plan and hardcover allowance summary as depicted in Resolution #4604 and on Exhibit B. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. The applicant shall remove 100 s.f. of driveway bituminous within the 0-75' zone as depicted on Exhibit B. 5. Applicant is advised that the intent of the City Council is to not allow the wrought iron deck to be converted to a porch of any kind, and any future variance request to do so is not likely to be approved. 6. Required removals of hardcover shall be completed by the first inspection of the proposed wrought iron deck. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (February 28, 2006). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, Page 3 of 6 MlNUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 28, 2005 7:00 o'clockp.m. (5. #04-3052 ERIC VOGSTROM, 2618 CASCO POINT ROAD, Continued) Vogstrom maintained that, had he gone through the proper channels to obtain pennission, some of the trees would have been allowed to be removed in the first place. Although not within the Ordinance, Attorney Banett stated that the Council has granted variance requests based on trees in the past if they choose to do so once again. Murphy stated that he had consistently voted no to this application, and would do so again. He was concerned that the footprint of the proposed house was too much for the lot, pointing out that the 1500 s.f. footprint is not an entitlement but a limit. He believed that a footprint of 1250 s.f. was more appropriate. Murphy stated that he would be inclined to grant the variance to save the tree, only because the neighbor supported it and he was the one most adversely impacted by the applicant's actions. Vogstrom asked why he did not wan-ant 1500 s.f. Gaffron stated that lots less than 10,000 s.f. are allowed up to a 1500 s.f. footprint; however, it is an allowance, which an applicant is not entitled to if it adversely impacts hardcover. Moorse pointed out that there are numerous examples of new construction that do not have a 1500 s.f. footprint due to hardcover limitations. McMillan stated that she was satisfied with the work that staff had done and with their reconunendation. She indicated that the City has Ordinances in place for a reason and that the City should maintain its right of way, as many of its right of ways have been severely encroached upon. She stated that she would hold fim1 on staff's recommendation. White concun-ed, pointing out that if the applicant were given a variance, there was no guarantee that the tree would survive anyway; therefore, he was not willing to supp01i the variance. White moved, McMillan seconded, to approve staffs report and adopt RESOLUTION NO. 5286 as presented. VOTE: Ayes 3, Nays 2. Mayor Peterson and Murphy dissenting, positions noted above. Murphy added that he found it troublesome that the City may be viewed as deeming that trees are not wo1ih saving. 6. #05-3072 ORONO SCHOOLS, 685 OLD CRYSTAL BAY ROAD NORTH- VARIANCE AND CONDITIONAL USE PERMIT Mayor Peterson moved, Murphy seconded, to table Application #05-3072, Orono Schools, to provide an opportunity for staff to clarify the resolution. VOTE: Ayes 5, Nays 0. *7. #05-3079 NICOLE AND PETER THOMAS, 1385 ORONO LANE-VARIANCES RESOLUTION NO. 5287 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5287, A Resolution approving a hardcover variance for the 0-75' zone and also a lake setback variance to permit construction of a wrought iron deck within 75' of the lake. VOTE: Ayes 5, Nays O. PAGE 3 of 10 Affidavit of Publication State of Minn es ot a, Co unty of He nn e pin . Ke ith P. And e rso n , be in g duly swo rn , on oa th sa y s th at he is an a uthori ze d agen t and e mployee of th e p ubli she r of th e new spape r kn own as th e THE PIO NE E R , Mo und , Minn eso ta , a nd has full knowl edge of th e fac ts whi c h ar e st ated below : A.)Th e news pa pe r ha s complied with a ll th e require m e nt s co ns tituting qu a lification s as a qualified n e w s p a p e r , a s provid e d by Minn es ota Statute 331 A .02 , 33IA .07 , a nd other appli ca bl e law s , a s amend e d . . !' 'I 1 f " t . ' j •, LEGAL NOTICE aqtivity' within the floodplain and CITY OF ORONO within 75' of the OHWL of Lake . · ' '' 2750 Kelley Parkway,• Minnetonka is also requested . . t1 U · , , P.O.Box66 ,' .-< 1 . 0 ,,-... h r-.. • Crystal Bay, MN 55323 .: . 12-3545: J. Andre LaTondress e on B •) Th e prrnt ed ___ -r+--=1-"'-<--~~µ_J~~-I...J~--Phone (952) 249-4600 ' behalf. of John & Patty Bailey, 2807 D fax (952) 249-4616 Casco Point Road, LR-1C zoning ~ ~ . , ., ... _district, requests a ('5' -250' zone ) (\~O~~\ . _ I LO ,,, owa· t ch.S ·, NOTICE . 'hardcovervaria_hce,toailow27.12% _l,9-XJ~ , _µ,«:j.. ~ ~ _ ~~ ... -, . '.' hardcover where 30 .~8% currently ' The Orono Planning · Commission ' exists and 25% is -normally allowed ; , , -,viii hold ~ public hearing In the and a 'variance from the average which is atta c hed was cut from the column s of said 1Orono Council Chambers at lakeshore setback to allow a pro- newspaper, and was print e d and publi s he d onc e !j2780 Kelley Parkway on Tuesday, posed ;:id~ition to .beJour (4) feet in Feb~lf,af,Y 2 !_, _2q12, beginl)ing at front -~! th~ average laReshore set- each week for c2_ succes siv e weeks : .6:30p.m .·on j hem;:itterofrevieiving ,ba¢k. ··• '· ·' It was first published Saturday , the _=1_ day of f-e__ ~ UL½,[ 2012__, and was thereafter printed and publ ~hed every Saturday , to and including Saturday , the _l _\ _ day of Fe. blv.cu& 20.12__; ; Authorized Agent Subscribed and sworn to me on thi s ::~ ._ NORMA R. CARSTENSEN NOTARY PUBLIC-MINNESOTA My Comm. exp. Jan . 31, 2014 . . . . . ' . . . ( Rate Information (1) Lowest classified rate paid by commercial users for com parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter : $15 .50. (3) Rate actually charged for above matter : $7 .96 per inch . Each addit i onal successive week: $5.79. 1ttie following land li_se applications: ; 1 ·0 • i,. l . .• ·' __ , , . , , , ,. . ·. Ail person/i .wishh;1g to be hE\ara are ,l. p 2-~!?:t2 : City of <;>reno !s ~reposing · encourage~ to ,att_end thesl:l m!let ' i amendments ·to Orono Code ings. •Th is 1s not a final agend~ and l q,apter 78 • Sections 78-72 ; 78·-· is sub)1;1ct to changE! prior ,to ,-the 15~3(b); 78-568(6);, 78-568(7); 78: h~a ri~gs. Writt,en cprpme[i\$ '. are . ~~8(8) regard ing fots bf record with,· accepted and should be submitted in the Shoreland areas. • to the City of Orono by February 1 ,. • , 14, 2012 if pp ssibl.e. lnte(ested per- 12-3544: Charles Cudd DeNovo on ·sons may rev iew )he applications flt . behalf of Mary rJ. Bowman 'Trust, City offices . Fo'r an appointment : \_. H65 Ferndale Road West , LR-1A , please call (952) 249-46~0. . . zoning district, requests lot area ; and loi,_width vari~nces ; a _0-75' CityofOrono ' ' · f zone hardcover 'Variance to permit -, By: Planning Qommission : 10% hardcover where 15.3% cur- ,!. rently ~xists and 0% is allowed; a . i 75'-250' zone hardcover variance to '\~ permit 28% hardcover where • .: 38 .3% currently exists · and 25% is ' allowed; lake ; side yard ' and rear , . . ya rd setback variances, ~nd a wet-·;• . , land buffer setback variance in order to construct ~ new residence on the property. A conditional 4se . . permit to 'conduct grading and fil]ing , Melanie Curtis Planning & Zoning Coordinator (Pubilshe_d in ' The '(aker and The 1 Pioneer ne wspape;s· February 4, ?012) -·, \ C: 0 ..... co (.) .a :J a.. -0 -> co "O :::: <x: .s a. Q) C C Q) I 0 >. c ::J 0 0 cu 0 (/) Q) C C ~ 0 2 l2 Cf) ---- C/JO>Wa> ~-5I_gi C/l-f-Q) 0 --5Q)a>3: roa>..co 0 >. -C 0 (/)..:.:: 80..co= -E c 2 E a> 3: (/) 0 -o O C1l · · ~cc..c3: C/JCO..:<:-c,O >,-._Caj 3~a>C1l.o "O Ol Q. CU-"O oicu~o~ c"OC/J C/l ~ ·a:; Q) 3= QJ (/) .0 -~ Q) § ~ -0 C ·-CU 6-5 0>2..c ~ ::J ..c "0--~ a,cu-c..c "Dco::i~ C CU O C/l <{ ,.__ 2 -.!:!! Q) (.) . -C1l Q Q)~a: ..c..C:.=w Q) -~ro.a:::i:c:-5 Q)..c ::J<{_ :::.:'.: -a. .....I 0 •"OQ)U) O>a>-co .::: ~ .2 .. :::,=roU) O-co-3: ~::,(!)co a> o-ro -5 roo~ =U)U)~ COCOCllo ..C C :.= -~C<nca_ 3: ·-a. -o -~ 2 ro O>ro>-.... =u.00> a.·-..c E:=-oc3 o ro a> (.) :::, "O "O C/l 0-·> C cu o CO ..c Ol ,.__ - ,.__ C Q. l'- Q) :.= 0 a. :::, U) • co-ro<i:: a.:.-:= - (/) (/) ..... -(".) 3: C Q) (".) Q) 0 a. -l:i COroC\JQ) Q)(/)Q.~tJ ..C-Ulc:i::c f-C3: .... a.> --:-a.>a>(".)E <{ E C (".) co , , LEGAL NOTICE. CITY OF ORONO 2750 Kelley Parkway, , . ·' P.O., Box 66 · :_' Crystal Bay, MN 55323 , . Phone (952) 249-4600 •1Fax ,(952) 249-4616 NOTIC,E ' behalf of Mary J. Bowman Trust, 1165 Ferndale Road West, LR-1 A zoning district, requests lot area and lot width variances; a O, 75' zone hardcover variance to permit 10% hardcover where ~ 5.3% cur rently exists and 0% is allowed; a 75'-250' _zpne "hardcov~r 11a\ia,:ii:e . to permit 28%·· hardcover v,:here · 38.3% currently exists and 25% is The Orono Planning Commission allowed; lake, · side yard and rear will hold a public. hearing in the yard setback 11ariances, and a wet- 0rono qqunqil Chambers at · ,land buffe rs setback v~riance in 2780 'Kelley Parkway on Tuesday, order to construct a new residence February 21, 2012, 'beginning at on the rproperty .. A conditional use 6:30.'p.m. on the matter of review-permit to conduct gr.ading and fill- ly allowed; and a variance from the average lakeshore setback to allow · a proposed ',addition -to be four (4) ,. feet in front . cit . the average lakeshore setback, ,. i~g the f~!lo~in~ land upe applic~-,' i n_g a~tiv/ty '!4'ithin the floodplain ,and . tions: . • , w1tt)m 75' qt the ,OHW~ of Lake I All persons wishing to be heard are encouraged to attend these meet ings. This is not a final agenda and is subject to change prior to ,.the h11arings. Written comments ar~ accepted and should be submitted to the ·City of Orono by February 14, 2012 if possible. Interested persons may -review. the applica tions at City offices. For an , appointment, please ~all -(~52). 249-4620 . 12-3542: City of Orono ·is propos• ing amendments to Orono Code 'Chapter 78 Sec,tions 78:,72; 78, •563(b); '78·568(6); 78-568(7); ,78- 568(8) regarding lots , of record within the Shoreland areas. • 12-35~: Charles Cudd DeNovo on J ~ .Q tJ Q) ·-(.) C1l C (/) 0 U) -_.:,c: 0 tJ Q) "O 2 C ·.::: a. Q) ..c f- CD (/) Q) Q) C ..C 3: E ~ a> .2 .0 -~ 0 :::, U) (.) a. U) Cl) tJ ~ ..C C (.) -co :::, E U) 0 tJ ..._ Q) :: C :, "i:: (.) a. ~ U)-~ ~ "O Q) ..c (.) ro :i::: C1l "O C co ..._ ~ $2, Ql ..:.:: a. Q) .!Q 2. ~ U) ..c 3: (.) OJ ro C Ql ~ C1l 'E :::, ro Cf) "O . Q) ..c -~ ::a ::, a. ~ ;;= U) C1l 3: Minnetonka_ is also requested . I' I ' 12·3545: J.,Andre LaTond;esse on .behalf of John &' Patty Bailey, 2807 Casco Point Road , 'LR-1C zoning aistrict, requests a 75' -250' zone hardcover . variance to · allow ' City of. Orono B~: Planning Comn:iission. Melani~-Curti~ Planning & Zoning' Coordinator 27.1.2% hardcover where 30 .38% (Published in The Laker newspaper c:;urrently exists an,c:l 25% is normal-February, 11, 2012) C\J-1 f T-Ql 0 tJ C\J Q) -§ C1l a.-e -i--g ~ C1l Cf) "O Ol Qj 2.S C tJ -~::::, a. c3 ..._ C Ql ·-0 -1:: "O C1l C >-. OJ ro co a, 0 ~1-5~ -U) ro ro tJ 3: ,.__ ::, Q) tJ -..C C C1l -C1l Cf) C\J T- 0 >. C1l "O -=/ Ql -5 c Q) Ol <t: tJ Ql N ·.::: 0 ..c '5 <{ E 0 3: Cl) tJ C -C1l 0 tJ >, Q) C1l :9 tJ 1~ ::, (!)'-- ~ co E 0 •• U O..c; ... U) u .2 an .E ~! ~ ~ ~ E ,-. . 0U) Cl) •• 0 > ~ .. .8 ~-.:.,: Ill ftl i ... E 3: 0 Cl) Cl) -> > ,. 0 -;,, ..Q Ill "C .C ,!'!! -Ill : iijU>,._.U c..E..aou -:, .!£i"Of.O l!!o3:&iii "Cu,~:a5 .!! an Ill .C ;: ~ ... a,u=o Ill il'j,,.. >,"C ~ iij :!! =;; Ill uge:,.c: -c.:Jug ::rnecuw 3:~><.! 0.0111111 ..J m~a:: ... --.. ftJ --....-... -!:..n.~~ CERTIFICATE OF SURVEY FOR JOHN BAILEY IN LOTS 123 & 124, SPRING PARK HENNEPIN COUNTY, MINNESOTA I I I oDSE ~\~G \-\ \;.~\:~--------------------- / ..-, ~ l_ U,1 ----------........ -- ./,."'\. <...._ (_./,...... / ·" .... / .. •,,... .. ~ ....... / ( / ,;_:,'o '--·· / i-"'l,.· ( ~-~ ~()V !<)" 'o <:l '---,/-r,-...._ <.. :.._,.,: ;,-.. \ / ,,,,, _..,__ .. --~~·" "ee\ / '-.,,(_ tv 77o<S'Jo,, 2D,oo VVNE COR OF I <~ l< S7109-oo---, <5' ~ ,- / 1/ / / <"--!;,,S'0'A,/ /'-> ;:,-11,; / ~,?,$' / LOT 126 -----.. ~ i ... I I I I \ \ PROPOSED \ \ \ ' TWO TIERED \\ \ \ \ 'WINDOW WELL \ \ \ \ ... \\ \\' \ ,, ,,, X-~; // / ·1 ',,, I ,\\\;:\\\\ \ \' ~'\-'::;..,, /'-, I" ' \ \ \\; ~ \ ~\ \' \ \' I).. :•c, I ' I ;:,~fs-7; \ \ \ \ ~\ \ \_ \ ··•:7 )\. ·";'i,'I'(;, \ \ \ \ \ \ \_ \_ )' . '<:-,. ;:,-1~ , \:::s~:::: "', "'"' "~" "\ "' .... ~-<··. "', o \ ~ ,'\: \ ~ \_ \_ \_ \_ \_ " \_ \_ \_ ·•. .. '" ""-"-\~";::-:0""-"-\ \ , ,r , '< //i~ // jj':00~ / q.p ~ ...,__-12? \\_\'-~<~ 0~""-"-"-"-'\ I '-"'\<__.; '\.v'. \ \ \\ \_ '\' \ \ \_ \ \ \ \ '\ ' \ .,.... _./ \ \_ "'" \ \_ \ \ \\ \ \ \ ' -:-,, .·· ... ,., \ \ ~\_ ~ \ \ \ \~\ \ \ ~-.,d.l' ' \ )•:..:;--/ .· '0--?~ \\\' \ \~\\\ \\\ "~ , X,;:<.... .....,""¾ \ \ \ ::: \ \ \ \ \ \ \ \_ 1"60,1\ ~ .S7 ' ,/' r-. ' \\ \ :::\~ \ \ \ \~"--'-----..___ o o7,S, '\. ,./ \-X-,: '-...,;;o"-r"' \ \ \\ \ \ st \_ \_ \_ \ "--'---'---\' -?. ' ... ,.;r-·; -~ \_ \_ \ \ . ' " '---'----.;:'51,, ' ... \_/, _....---,, \ ·' \ \ \ \ ;~ ~~ ::--~ :::-,,,,'%, \ ' ',l>( ~ -~---------'- \ \ \ '\ \ \ \ \ "-~---------...::~ ---------'--,,~"-~--\\'-'' ' --'3<, ~-...?-- \\\ ~\'\'\ "--,,'---'---'---'------'"'-..__ ~( ' ~ \_ \ \_\_ \ '\ , '\ :s,R '-----..___ --..___ '%'",,. "-~ X',;,: ._ &' \_ '\ ' '---:s,~-------" ';.'.:i>t, ~ ,• ' ... o' '\ '\ "-'\ "-" '---'---'---'---°-lb ""<"' '\ ~ '-"lc-f '\'\'\ ~,-------'-----..___--..___,>S •,'..~'-'C:f'"-'---' ' (/, "" "" "'---' "~-----------.. .· "-' \\ ,Ta , '!}$'" ,,,"-,,--..___ '-----..___-.......,.-_____, '\\\,-a , , ''''---"-..'---~" ---.:---.... \ \ '·7. ' ' "-ll>' '::'-,~---------------------"'~ \\\',\\\&o-5l ' .9.,::,.9 <;:::::--..___'-----..___~_::->-<-:_----.. \\:~~<;\\ ~t)A '-...._ .,,.rr "--..___ --,,.,,.,:-,--,x""----.. c:. ~" ;--"'-' ,·r-';,.. , 0 \_ "'-x '---~ , \_ \_~\_ ,"-(/,~ '- 'Y;~ \ \.·1/. '---'---\ ,\:::~ \_ \ \ 'u,<R'\, ~..l'-, ' ?J \ ... \ '---'\\~:\\\ i1;,,~'-------'.':: '-' -<Tl "l ,s:_.....-: .... , ......• ,f ...... ,-::,- >"._ .. ;;:,.:--, ~ .... ' ' ' ' ' ' ' ' c{y (Y 0.:f i?::R~ q~ 00,,,_J-: · ··,.__ \ \ 0 ('; = ~\ ~1.\~\\~\~::::: "_____----.. ~' , v1> ", '-;,, ,-i;;, \ \" -------:::~-------\ \\ ' o " '---,, I \<£:i:"" ' '---" " '\ '- \ \ ('; \\\~ \ \ \_ \_::: '-'-'---\ \ \ \ ' / ' / LEGAL DESCRIPTION OF PREMISES: \ 'V \ \ \\\ \_ ...... ~:::;:--;:--0 \ \ \\ ' / ' / >-. \ \ \\ \,\ -------:::-------~'\ \\\ \ \ \\\\:::::---------------------'\\\ \ \. ~ \ \ \_ ...... '---" " " '\ \ \ ~ ---------\,--..___--..___"---',,--..___,~~ ~ \.--------------- ' / ' / y \.'-~""""'-"\ ~ ----------------,--..___,,~"-\\ ~"--------~----------:::------- Lots 123 and 124, --..___ --..___ , --..___ '\ , --..___ --..___ '--....... --..___ , , '---'---"' "-\\ ~..,-...._--..___----......_ ...._'-'---' That part of Lake Shore Avenue, vacated, lying between the extensions across it --..___ , --..___ , , .::::, --..___ '---:::: ::: -....... ~ ~--------...._ --..___ oftheSoutheasterlylineofLot123andtheNorthwesterlylineofLot123; , '---, \ --..___, "-, '---.... ---:::----.. --..___ '---'-----..___, That part of Lake Shore Avenue, vacated, lying between the extensions across it '---"-'---'---'---'-::-------.. '---.::::, '---'---"-"'- of the Southeasterly line of Lot 124 and line extending from the most Westerly ' .::::, _::-~::: ::: '--....... ~--..___ .::::, .::::, "-"' "-.::::, comer of Lot 124 to the most Northerly comer of the tract of land across from Lot --..___ , --..___ '---'-'-::: '---..___ , ....._ < ....._ ~ 124 on the opposite side of Lake Shore Avenue as designated and defined in the ""'·---"-::: _::-_::-~ ...._ '-,::::-.::::, ~ '---'---'---0 20 \_ <::::;_.::; \ \ 40 \ \ ! I I ( 80 ins_trument of dedication on the plat of Spring Park ~ --..___ '-'-'-...._ ~, --..___ .::::, --..___ '---_::-_::- That tract of land across from Lot 123 on the opposite side of Lake Shore ~ '---_::-::: ...._ _'---."., --..___ --..___ '---"'' .;_ Avenue as designated and defined in the instrument of dedication on the plat of ~ ·'-..__ '---'---~ -::::-< , ~ Spring Parle ~ '-.'---'---', ~ '---'-·, That tract of land across from Lot 124 on the opposite side of Lake Shore ··:::::::, .. .,'---.::::, .::::, .::::, --..___ ....._ .::::, _::- Avenue as designated and defined in the instrument of dedication on the plat of ~ <, , 0 ._ .;_ Spring Park; ~ '---'---< '-~ That part of Lot 126 described as beginning at the Northeast comer thereof, ~ .::::, .::::, < thence Westerly along the Northerly line thereof 20 feet, thence Southerly ~ '---'--- parallel to the Easterly line of Lot 126 a distance of 38 feet, thence Easterly to a ~ point on the Easterly line of Lot 126, distant 38 feet Southerly along the Easterly • SCALE IN FEET I i ~I line of Lot 126 from the Northeast comer of Lot 126, thence Northerly along the Easterly line of Lot 126 to the point of beginning; Spring Park This survey shows the boundaries of the above described property, and the location of an existing house, garage, driveway, and all other visible "hardcover'' thereon, and the topography of the property. It does not purport to show any other improvements or encroachments. · e_ Iron marker found --940:--Existing contour line Bearings shown are based upon an assumed datum DESIGNED I REVISION I DA TE DESCRIPTION DRAWN CHECKED 11----+----+----------------------il 11-366 GRONBERG & ASSOCIATES, INC. CONSUL TING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 445 N. WILLOW DR. LONG LAKE, MN. 55356 952-473-4141 I HEREBY CERTIFY THAT THIS SURVEY, PLAN. OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE RECEIVED SCALE 1"=20' DATE 1-10-12 JOB NO. 11-366 JAN 1 8 2012 CITY OF ORONO #~545