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HINSHAW & CULBERTSON
APPLETON, WISCONSIN
BELLEVILLE, ILLINOIS
BROOKFIELD, WISCONSIN
CHAMPAIGN, ILLINOIS
CHICAGO , ILLINOIS
CRYSTAL LAKE, ILLINOIS
FT. LAUDERDALE, FLORIDA
JACKSONVILLE, FLORIDA
JOLIET, ILLINOIS
LISLE, ILLINOIS
MIAMI , FLORIDA
WRITER'S DIRECT DIAL NO.
612-334-2516
Ms. Rachel Dodge
Deputy Clerk
City of Orono
P.O. Box 66
Orono, MN 55323 -0066
PIPER JAFFRAY TOWER
SUITE 3100
222 SOUTH N INTH STREET
MINNEAPOLIS, MINN ESOTA 55402
612.333 .3434
T E LEFAX : 6 12 .334 .88 88
June 12, 2002
MILWAUKEE, WISC6NSIN
MUNSTER, INDIANA 1 11
PEORIA, ILLINOIS
PHOENIX, ARIZONA
ROCKFORD, ILLINOIS
ST. LOUIS, MISSOURI
SAN FRANCISCO, CALIFORNIA
SPRINGFIELD, ILLINOIS
TAMPA, FLORIDA
WAUKEGAN, ILLINOIS
FILE NO.
752031
Re: Covenant for Limited Wastewater Plumbing in an Accessory Building -Bailey
Dear Ms. Dodge:
Enclosed is the original recorded Covenant as referenced above relating to Resolution No .
4697, Orono File No. 01-2715, which was recorded in the office of the Registrar of Titles on
November 30, 2001.
RAW/tlk
Enclosures
Rolfe A. Worden
cc: Thomas J. Barrett, Esq. (w/o enc.)
HC26DS2/ 4715/ 2674613.vl 6/12/2002 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CITY OF ORONO
P.O. Box66
Crystal Bay, MN 55323
249-4600
TO: John M. and Patricia Bailey
2807 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
DATE OF MEETING: September 24, 2001
COUNCIL ACTION -MOTION:
APPLICATION NO. 01-2715
NOTICE OF COUNCIL ACTION
Date of Notice: September 25, 2001
VOTE: 5FOR 0 AGAINST
To approve variances as requested per zoning application #01-2715. A final copy of the resolution
adopted by the Council will be mailed to you.
Prior to issuance of a building permit you must sign the 3 copies of the approval resolution at City
Hall. Regular office hours are Monday through Friday 8:00 a.m. -4:30 p.m.
If you desire certified copies of the official Council minutes, they are available from the City Clerk
after review and approval by the City Council.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, September 24, 2001
*(#8) #01-2713 DIANE AND DOUGLAS MERZ, 380 TURNHAM ROAD,
AFTER-THE-FACT VARIANCES-RESOLUTION NO. 4696
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4696, a
Resolution granting after-the-fact variances to permit the construction of a three foot
overhang over the front entrance of the residence located at 380 Turnham Road.
VOTE: Ayes 5, Nays 0.
(#9) #01 -2715 JOHN M. BAILEY, 2807 CASCO POINT ROAD, VARIANCES -RESOLUTION
NO. 4697
The Applicant was not present.
Weinberger stated the Applicant was present earlier but apparently has left.
Nygard requested the hardcover calculations not include removal of landscape plastic and rock.
Sansevere moved, White seconded, to approve and adopt RESOLUTION NO. 4697, a Resolution
granting variances to permit structural repairs and the addition of a foundation below an existing
garage located 1.1 feet from the property line and to permit an alteration to existing hardship to
permit replacement of a deck and patio and the addition of a 40 square foot paver walkway in the
75-250' lakeshore setback for the property located at 2807 Casco Point Road.
VOTE: Ayes 5, Nays O.
*(#10) #01-2717 TED AND JUDY SPOONER, 700 TONKAWA ROAD, AFTER-THE-FACT
VARIANCES, RESOLUTION NO. 4698
Flint moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4698, a
Resolution granting after-the-fact variances to permit construction of retaining walls by the
Iakeshore and a conditional use permit for land alterations within the 0-75' setback area for the
property located at 700 Tonkawa Road. VOTE: Ayes 5, Nays 0.
MAYOR/COUNCIL REPORT
*(#11) IOCP PROCLAMATION
Flint moved, Sansevere seconded, to approve the Proclamation proclaiming the week of
November 17-24 "Housing Week" in the City of Orono. VOTE: Ayes 5, Nays 0.
Sansevere stated it is his understanding regarding Mrs. Clemons' letter that Staff did respond promptly
to the Clemons' concerns . Sansevere stated it was not his intent to mock her by any of his comments at
the previous Council meeting.
Moorse stated Staff has responded quickly to the Clemons' concerns, with his understanding being that
the Clemons were satisfied with how things were being handled until recently. Moorse indicated Staff
PAGE 18
Application Date:
60 Day Deadline:
8/17/01
10/16/01
REQUEST FOR COUNCIL ACTION
DATE: September 18, 2001
ITEM NO.:
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Zoning Administrator
Item Description: #01-2715 John M . Bailey
2807 Casco Point Road
Variances
Appro 11-ed
Zoning District: LR-1 C, ½ acre, One Family Lakeshore Residential
List of Exhibits
A Resolution
B Site Plan
C Planning Repo1t (September 11, 2001)
Agenda Section:
Zoning
CJ/zy/01
vo+-e.. S-0
Review of Request The prope1ty owners have requested a variance to permit structural repairs and
addition of a foundation to an existing detached garage located 1.1' from the prope1ty line . The purpose of
the new foundation is to raise the elevation of the garage to allow for the garage floor to be at an elevation
above the driveway. The prope1ty owners have stated the garage and driveway are located in a low point and
are a drainage backup area. Raising of the garage would not allow the water to pool inside the garage.
Secondly the property owners are requesting a hardcover variance to permit 40 s .f. of additional sidewalk
to connect the patio and deck located to the west side of the house. Two years ago the property owners
replaced the deck and patio and added the walkway. The concrete walk is additional hardcover in the 75-250'
setback over 25 %. The total hardcover on the prope1ty, before the sidewalk , is 5,704 s .f. (35%). Overall in
the 75-250' setback total hardcover will be reduced to 4 ,304 s.f. (27.4%). Most of the hardcover removals
are attributed to the removal of approximately 1,500 s.f. of landscaping plastic.
Staff Recommendation
The preferred option would be to relocate the garage fu1ther from the prope1ty line. However, the prope1ty
owners would prefer the garage to remain in the existing location since the work being done to the building
to correct a drainage problem . A visual inspection of the site and viewing photos it is clear the garage is in
very good condition and should not require fu1ther structural improvements.
If variances are approved the following will be required of the prope1ty owners.
1. The garage shall meet all requirements of the fire code including installation of a fire wall.
2. A building permit be applied for and an inspection for the recently replaced deck.
#01-2715 John M. Bailey
2807 Casco Point Road
Pa e 2 of2
Planning Commission Recommendation:
The Planning Commission recommended by a vote of 7 to 0 to recommend approval of the application.
COUNCIL ACTION REQUESTED
Motion to adopt the attached resolution approving variances.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.25, SUBDIVISION 6 (B), SECTION 10.22, SUBDIVISION 2
AND SECTION 10.56, SUBDIVISION 16 (L) 2
FILE NO. #01-2715
WHEREAS, John M. Bailey and Patricia S. Bailey, (hereinafter "the applicants")
are owners of the property located at 2807 Casco Point Road within the City of Orono
(hereinafter "the City") and is legally described as follows:
Lots 123 and 124, Spring Park, Hennepin County, Minnesota, except that part
thereof platted as Casco Point Road (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 17, 2001, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants applied to the City of Orono for a variance to
Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit structural repairs and the
addition of a foundation below an existing garage located 1.1' from the property line, and
variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit
a variance to permit an alteration to existing hardcover over 25% to permit replacement of a
deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250' lakeshore setback.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2715.
2. The property is located in the LR-IC (1/2 acre) One Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on September 17,
2001 and recommended approval on a vote of 7 to O for variances based upon
the following findings and hardships:
Page 1 of 4
A. The purpose of the new foundation is to raise the elevation of the garage
to allow for the garage floor to be at an elevation above the driveway to
eliminate a floor drainage problem. The property owners have stated the
garage and driveway apron are located in a low point and are a drainage
backup area. Raising of the garage would not allow the water to pool
inside the garage, but rather flow off the lower land elevations away from
the building and driveway.
B. The garage is in generally good repair and no major structural alterations
are required.
C. Moving the garage or changing the driveway may involve extensive
grading and the addition of more hardcover.
D. The hardcover for the sidewalk replaces a pre-existing walkway. The
total hardcover for the walkway is 40 s.f. The walkway is required to
connect the deck and patio. The walkway replaces a walk that had been
located on this portion of the property.
4. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely 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
demonstrable hardship or 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.
5. 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 effect of the proposed variance on the health, safety
and welfare of the community.
Page 2 of 4
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit
structural repairs and the addition of a foundation below an existing garage located 1.1' from
the property line, and variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision
16 (L) (2) to permit a variance to permit an alteration to existing hardcover over 25% to permit
replacement of a deck and patio, and the addition of a 40 s.f. paver walkway in the 75-250'
lakeshore setback., subject to the following conditions:
1. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (September 24, 2002).
3. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
4. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 24th day of September, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner ( s)
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of
September, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City
of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of _______ _,, 20_ before me a Notary Public within and for
said county, personally appeared _________________ known to me
to be the person(s) described in and who executed the foregoing instrument, and acknowledged
that he(they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 20_ before me a Notary Public within and for
said county, personally appeared _________________ known to me
to be the person(s) described in and who executed the foregoing instrument, and acknowledged
that he(they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 4
Application Date:
Deadline:
8/17/01
10/16/01
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator/Planner
DATE:
SUBJECT:
September 11, 2001
#01-2715 John M. Bailey
2807 Casco Point Road
Variance -Public Hearing
Zoning District: LR-1 C, ½ acre, One Family Lakeshore Residential
List of Exhibits
A Application
B Letter of Application
C Site Survey
D Hardcover Calculation Worksheets
E Garage and Site Plans
F Property Owners Notification List
G Permit Record
Review of Request The property owners have requested a variance to pe1mit structural repairs anc
addition of a foundation to an existing detached garage located 1.1' from the property line. The
purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to
be at an elevation above the driveway. The property owners have stated the garage and driveway are
located in a low point and are a drainage backup area. Raising of the garage would not allow the
water to pool inside the garage.
Secondly the property owners are requesting a hardcover variance to permit 40 s.f. of additional
sidewalk to connect the patio and deck located to the west side of the house. Two years ago the
property owners replaced the deck and patio and added the walkway. The concrete walk is
additional hardcover in the 75-250' setback over 25%. The total hardcover on the property, before
the sidewalk, is 5,704 s.f. (35%). Overall in the 75-250' setback total hardcover will be reduced to
4,304 s.f. (27.4% ). Most of the hardcover removals are attributed to the removal of approximately
1,500 s.f. of landscaping plastic.
#01-2715 John M. Bailey
2807 Casco Point Road
9/17/01
Page I of3
I I
Pertinent Ordinances
Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2): Hardcover regulations.
(25% hardcover allowed in the 75-250' setback zone)
Section 10.03, Subdivision 9: Accessory Structures -Setback regulations. (1 0' setback required)
Property owners do not plan to change the use or location of the garage. Options of changing the
setback to meet a greater setback would require the entire floor and foundation be replaced and to
change the garage access. Access to Casco Point Road is at a curve in the street. The existing
property access would not change sight lines for vehicles entering and exiting the property.
The 1.1' setback to the property line requires the wall closest to the prope1iy line to be constructed
to meet fire code standards. A fire wall would require any openings (ie. windows) to be sealed to
fire protection standards and a fire proof wall be constructed. The fire code requires any buildings
within 3' of a property line to be protected.
Property Hardcover in the 75-250' setback
Preexisting
House 2,100 s.f.
Garage 496 s.f.
Driveway 800 s.f.
Sidewalk 208 s.f.
Patio and Deck 600 s.f.
Landscape Plastic ±1,500 s.f. (To be removed)
Total Hardcover= 5,704 s.f. (35%)
Proposed
House 2, 100 s.f.
Garage 496 s.f.
Driveway 800 s.f.
Sidewalk 208 s.f. -Garage to House
Patio and Deck 640 s.f. (Includes the additional 40 s.f. for the walkway between the deck
and patio)
Total Hardcover= 4,304 s.f. (27.4%)
Total Land Area in the 75-250' setback is 15,699 s.f.
#01-2715 John M. Bailey
2807 Casco Point Road
9/17/01
Page 2 of3
Staff Recommendation
The preferred option would be to relocate the garage further from the property line. However, the
property owners would prefer the garage to remain in the existing location since the work being done
to the building to correct a drainage problem. A visual inspection of the site and viewing photos it
is clear the garage is in very good condition and should not require further structural improvements.
If variances are approved the following will be required of the property owners.
1. The garage shall meet all requirements of the fire code including installation of a fire wall.
2. A building permit be applied for and an inspection for the recently replaced deck.
Options for Planning Commission Action
A. Recommend approval.
B. Recommend denial, stating reasons.
C. Table.
D. Other action.
#01-2715 John M. Bailey
2807 Casco Point Road
9/17/01
Page 3 of3
CITY OF ORONO -VARIAN CE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance) -
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address 2807 Casco pc. Rd.·
Application # lJ f -;}. 7 I 5
Date ~eceived J-.?-d---0 /
Amount Paid $ 3U), o_j)
Property Identification Number (P.I.D.) __________________ _
Attach legal description to application if not included on required survey.
Date Pr~ Acquired__,7'-'.~' 9'-'j"""-_________________ (month/year)
I (do)~ also own the adjacent parcels of land.
Present use of property: ~residential __ other (specify) _________ _
Zoning District: ___________________________ _
APPLICANT
Name J o·nn M. Bailey
Address: 2807 Casco Pt. Rd.
Phone (home) 9 5 2 -4 7 1 -8 7 7 6
Phone (work)_} 63-44 1-212 1
City: Wayzata Zip: 53J91
o,VNER (if different than ap~icant) Phone (home) _______ _
Name ~o½,14 fl,1,. o.+tJ f.a.,fr,'eJa S. Badev Phone (work) _______ _
Address: sa......,,,-e... City:_7 ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $--±-l-¼+O,...,~o~OY-O----
Describe request in detail: Raise elevation of garage building to allow for
raising grage fJ,v)r ~1-n elev above driveway) a_od gain addit;onal
vertical door iatrtmiiaaddiiionalL§]heets if necessary)
VARIANCES REQUIRED
Lot Area Lot 'Width
-:X:-Setback: Street ..x_ trom -x __ .., __ , Side
Hardcover
Rear
__ Lot Coverage
Average Lakeshore
Other (specify) ______________________ _
HARDSffiP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions prevent.ing
compliance with Zoning Code requirements: Lim i. Led street frontage· ( 7 6, )
for adeq11ate entraw·e and ar"·ess rn garage add
lo garage Limit relocacion alternative for garage.
trees ad-iar•ent J
(attach additional sheets if necessary)
4 (so, \;(,L-U.Cu_.L('..,Q.; -f-cy-Hf:-7:S-cJ.-60: ./1Y l..CCLltcu~t 6.e.-f-u __ ·~,
~cl.cc_f<_ "'-(XL +-co • (/-t I~~ clD-i0-). .A--f-u. -ftv -+c1.. c_+. 6
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John M. Bailey
Wendy
City of Orono
PO Box 66
Crystal Bay, MN 55323
Re: Variance Application Number: 01-2715
1.6% ( 40:ft2
) excess hardcover
75'-250' Zone
Dear Wendy,
· · ·---. ·) 3 2001 ) I!,-L
rl ··.> •-
Two years ago we replaced the dilapidated brick patio with new materials and added a
walkway between the deck and the patio to provide a neater, smoother, safer walkway.
The new walkway is 40ft2
. This additional area takes the 75'-250' zone hardcover area
from 25% to 26.6%.
Because our lot is trapezoidal shaped, narrow and small (approx. 16,000 ft in 75'-250'
zone) we are requesting a variance to allow for the excess hardcover. (Please refer to
survey drawing that you have on file).
Yours very truly,
John M. Bailey
P.S. Just in case this fact may be a consideration: the 200 ft 2 deck is a slatted construction
that drains directly onto the ground below.
2807 Casco Point Road, Wayzata, MN 55391
Phone: (612) 471-8776 Office: (612) 441-2121
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SETBACK ZONE: (CIRr 'S ONE) 0-75' 75-250' 2~00'
EXJSTL'iG HARDCOVER IN ZONE
A. House
Length
B. Garage
C. Driveway
D. Sidewalk
E. Pacio/Deck
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TOTAL PROPERTY AREA IN ZONE
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PROPOSED H...\.RDCOVER IN ZGNE
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L-,:ngth
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Lmdscape
Unded:iia
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Or Fabric
G. Ocher
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TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ B
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A
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PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20 117 23 23 0016
2797 CASCO POINT RD
R J GRUNDEEN & J A GRUNDEEN
RONALD J GRUNDEEN
2797 CASCO PT RD
WAYZATA MN 55391
38 20 117 23 32 0012
2813 CASCO POINT RD
J L STERN
J L STERN
2813 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0015
2805 CASCO POINT RD
ROGER H FROMMELT & WIFE
ROGER H FROMMELT
2805 CASCO PT RD
WAYZATA MN 55391
38 20 117 23 32 0019
2801 CASCO POINT RD
GD & BS CZERWINSKI
GREGORY D/BETH S CZERWINSKI
2801 CASCO POINT RD
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
CONDMN #
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 32 0010
2817 CASCO POINT RD
WESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0013
2811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0016
2800 CASCO POINT RD
THOMAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
WAYZATA MN 55391
38 20 117 23 32 0020
2799 CASCO POINT RD
TODD J THEILMANN
TODD J THEILMANN
2799 CASCO POINT RD
WAYZATA MN 55391
CONDMN #
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 32 0011
2815 CASCO POINT RD
G & C SCANLON
GENE & CATHERINE SCANLON
2815 CASCO POINT ROAD
WAYZATA MN 55391
38 20 117 23 32 0014
2807 CASCO POINT RD
J M & PS BAILEY
JOHN M & PATRICIA S BAILEY
2807 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0017
2818 CASCO POINT RD
TAMMY L WOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
WAYZATA MN 55391
#2 ~ .f 1:-:. ti
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I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF
DATE f--d.;:?-C/ BY ~ (,-;-~ ' "
f1/Z?7f-i Sa~
CONDMN #
CONDMN #
CONDMN #
PERMIT RECORD
Permit No: Date ~ermit & ~ ·1C 3 · 3 I -CJ ,5" o u l ' . _/
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MINUTES OF THE ORONO PLANNING COMMISSION
Monday, September 17, 2001
'6:30 o'clock p.m.
VOTE: Ayes 7, Nays 0.
(#11) #01-2715 JOHN M. BAILEY, 2807 CASCO POINT ROAD, VARIANCES,
8:51 p.m. -9:14 p.m. ·
Mr. and Mrs. John Bailey, Applicants, were present.
The Certificate of Mailing and Affidavit of Publication were noted .
Weinberger stated the Applicants are requesting a variance to permit structural repairs and the
addition of a foundation to an existing detached garage located 1.1 feet from the property line. The
purpose of the new foundation is to raise the elevation of the garage to allow for the garage floor to be
at an elevation above the driveway and ground around it. The property owners have stated the garage
and driveway are located in a low point and are a drainage backup area. Raising the garage would
allow the garage to be placed above the ground and the driveway and prevent water from pooling
inside the garage.
In addition, the Applicants are requesting a hardcover variance to permit 40 square feet of additional
sidewalk to connect the patio and deck located to the west side of the house. Two years ago the deck
and patio were replaced, with the walkway being added. The total hardcover on the property, before
the sidewalk is 35 percent. Overall in the 75-250' setback total hardcover will be reduced to
27.4 percent. Most of the hardcover that has been removed consists of approximately 1,500 square
feet of landscaping plastic.
Staff would have preferred the Applicants relocate the garage further from the property line .
However, the Applicants have indicated they would prefer the garage to remain in the existing location
since the work being done to the building is to correct a drainage problem. Staff has reviewed the site
and has determined the garage is in very good condition and should not require further structural
improvements. If the Planning Commission recommends approval of this application, Staff would
recommend that the garage meet all requirements of the Fire Code, with all buildings where work is
being done being brought up to State, Building, and Fire Codes.
Bailey stated there is a photograph in the Planning Commission showing the elevation of the land and
the drainage in the area. Bailey stated one corner of the garage is fairly low and results in water
coming into the garage. Bailey stated they would prefer to keep the garage in the same location since
relocating the garage further to the west would make it more cumbersome to exit and enter the garage .
There were no public comments regarding this application.
Bailey stated the plastic was put down in 1995. An old survey was used for the hardcover calculations
which included the plastic. The plastic was subsequently removed in conjunction with some previous
remodeling of the house .
Smith stated her comment was not necessarily directed just to this application but in general to all
applications . Smith stated she would prefer not to see plastic included in the .hardcover calculations.
Bailey stated all the plastic has been removed .
. PAGE 19
MINUTES OF THE ORONO PLANNING COMMISSION
Monday, September 17, 2001
6:30 o'clock p.m.
(#01-2715 John M. Bailey, Continued)
Stoddard moved, Smith seconded, to recommend approval of Application #01-2715,
John M. Bailey, 2807 Casco Point Road, granting of a variance to permit structural repairs and
addition of a foundation to an existing detached garage, and granting of a variance to hardcover
in the 75-250' setback to permit 40 square feet of additional sidewalk to connect the patio and
deck located to the west side of the house, subject to the garage meeting all applicable Fire and
Building Codes and a building permit being obtained for the replacement of the deck.
VOTE: Ayes 7, Nays 0.
(#13) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD, VARIANCES,
9:15 p.m. -9:45 p.m.
Fred Puzak, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Weinberger stated the Applicant is requesting variances to permit new construction on the property.
The Applicant is proposing to tear down the existing residence and construct a new residence. The
property is located at the end of the Baldur Park Peninsula, with the majority of the lot being located
within 75 feet of the lakeshore.
A variance to hardcover in the 0-75' setback area is required to permit 9 .8 percent hardcover where
12.4 percent currently exists. A variance to hardcover is also required in the 75-250' setback area to
allow 63 .6 percent hardcover where 70.9 percent currently exists. A third variance is required to
permit the house to be located 48 feet from the lakeshore, within the 75 feet required setback.
Weinberger stated one of the main issues with this application is the septic. The property is located
within the MUSA area, with the Applicant's house being the only house on Baldur Park not connected
to sanitary sewer. The property is not served with sewer because the sewer service stops at the end of
the public maintained Baldur Park Road. Due to some issues not within the Applicant's control, he
has been unable to connect to City sewer. In 1982, the Council had approved a preliminary plat
subdivision for two lots between the Applicant's property and the end of the maintained Baldur Park
Road. The Applicant's property is not connected to sewer because he does not have an easement for
utility or sewer purposes out to Baldur Park Road.
Weinberger stated the Applicant has an easement over Lot 31 for private septic purposes. There is one
system located on Lot 31 that is listed as compliant because it is more than three feet above the
seasonal water table. The system is not compliant with all regulations because the entire drainfield
site is located within 7 5 feet of the lakeshore. In order for the City of Orono to permit construction of
a new home on this site, it must comply with one of the following: one, the new house must be
connected to sanitary sewer service, or two, the new house must be connected to a conforming septic
system meeting all the local and state standards. Since the existing system is located within 75 feet of
the lakeshore, the new house cannot be connected to the existing system. The Applicant must provide
designs for two conforming septic systems on the individual lot on which the house is being
constructed. The Applicant will need to submit septic testing to show that there are two conforming
PAGE20
)
CITY OF ORONO -VARIAN CE APPLICATION
Initial Application Fee $250 .00
($50.00 per each additional variance) ·
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address 2807 Cas,:::o p1_. Rd.·
Application # () ( ,, ;) 7 I 5
Date Eeceived 8 -:J-~-O /
Amouiit Paid $ 30 0, e9
Property Identification Number (P.I.D.) _________________ _
Attach legal description to application if not included on required survey.
Date Pr~ Acquired----'7-',1~9'--"5"--_________________ (month/year)
I (do)~ also own the adjacent parcels of land.
Present use of property: ~residential __ other (specify) __ --'--------
Zoning District:. ___________________________ _
-
APPLICANT Phone (home) 9 5 2 -4 7 1 -8 7 7 6 .
Name John M. Bailey Phone (work)_} 6 3-:-4 4 1-212 1
Address: 28 07 Casco Pt.· Rd. City: Wayzata Zip: 5:SJ91
O\VNER (if different than apE_licant) . Phone (home) _______ _
Name ~ohn rt'l. a-d fa.-fricJa S. Ba.dev Phone (work) _______ _
Address: "5 (l..~-e..... City:_7 ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $--1-l..+O~,..+O..i--O..i--O----
Describe request in detail: Raise elevat ioi:i. of garage building to all o w for
ra is i og grage f J ,-,,)r { _1· n elev above driveway) a.od ga i o add it; o nal
vertical door -(at!mchaarlda:tidnali.§'1lreets if necessary) ·
VARIANCES REQUIRED
Lot Area Lot Width Hardcover
Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions prevent_ing
compliance with Zoning Code requirements: Limi.Led street frontage · ( 76,)
for adeq))aJ-e eotra □,.'P and ac"·ess r o garage add trees adj a,-•eo t
Lo garage limit relocacion alternati v e for garage.
(attach additional sheets if necessary)
6
(
. I
. I
REQUIRED SUBMITTALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1.
2.
~ Completed Application ·Form
3. ,,._---
(<!oey)
Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
Finance, A-603, Govt Center, 348-5910).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
4. vi.a.. Topographic survey (existing and proposed elevations) if any changes in existing
grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
5. ~ Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
6. n. Ct, List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
7. h. Ct, As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
8. _ Additional items as may be requested by City staff.
?h-ofos ·
The Applicant and Property Owner must· sign this application. Please remember that your
variance application is not complete if the above information has i:tot been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is true and correct to the best of his/her knowledge.
Applicant's Signature aL ~ R ~ Date g-/--z., -z.. !o I
; \.. -f-
o,VNER's SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this· request.
Owner's Signature -~ ~ , Date rr/z. 'Z.. (o i
~ ~~ ~~~
Applicant must have all submittals into e offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning.
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
7
· Adjacent Property Owners' Acknowledgement Form
I (we) ~£,51,J g1'.5T&() of dci'/1 ~~
[prinFname(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 artd that the proposed neighbor's
· project or use requires Council approval.
Pr~~ .Da~~~j_
Property Oi.vner Date
******************************************************************************
I (we) Ka3er Fromm,_/ f
[print name(s)]
of _2---'--'9"---0--'-5_-_C__,a~:,_G--=o'---_P+ v R cl~ .
[print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at 2 'i/07 Casco P-(. {?c/1.so referred to as Land Use AIJplication No. ____ .
I (i.ve) 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 O-....vner 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.
8
HARDCOVER CALl...,l.JL~)----~~~-~~~ ~
SETBACK ZONE: (CIR ( ( ONE) 0-75' ~ 2~00' 500-1000'
EXISTE'fG HARDCOVER IN ZONE
A . House
L:ngch
B . GarJge
C. Driveway
D. Sidewalk
E. Pacio/Deck
F . landsc:ipe
Underlain
By Plastic
Or Fabric
G. Ocher
X
X
X
X
X
X
TOT .AL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A
PROPOSED HARDCOVER IN ZONE
A. House
L:ngth
B. Garage
C. Driveway
D. Sidewalk
E . Pacio/Deck
F . L:mdscape
underlain
By P!ascic
Or Fabric
G. Other
X
;,:::
X
X
X
;,:::
X
X
X
B
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
A ______ B
Width
Width
14
}
=
=
=
=
=
=
=
=
;,::: 100 =
=
=
=
=
=
=
=
=
=
=
=
X 100 =
S.F.
------S.F. ______ S.F.
______ S.F.
19/
~-"---L. __ (,7=---S .F .
~?"-'',lJ='-'_,'lJ __ S.F.
______ S.F .
~2<>--=o'-'r"'-----S.F. ______ S.F.
fl_ o ·c --""{fl:__::=------S .F.
______ S.F.
h ,(oo .• ~ s .F.
______ S.F.
______ S.F.
______ S.F.
!S za~ s .F.
I ~it_?. cro5;F. is:_ ,a
____,_z.,µ...,l--=·a=---O_S.F.
S.F. ------S.F . ---~--______ S.F.
--'-!-/_,_·f_,_&~-_ S.F .
___,_£ __ 0--.-ll~-S.F .
S.F. ------
_.,:,2~()'-g/'-'-·--;:;:
-=-'tt,-;t::O~_'f-:Egz::=..._ S.F.
S.F.
S.F.
------S.F .
S.F.
-1/0 7-'1 •·'-/o
27 .L/%
A
B
I
;
~
LAP SIDING·
2"x4" STUDS
0 16" o.c.
;"
;
;..
l
~ FIRE WALL REQUIRED
ON EAST WALL ONLY
GARAGE
I OVERHEAD DOOR
[
EXISTING 17'-4"x6'-8"
,--------------7
I
I
I
I
I
PLAN VIEW
1/4"•1·-o·
FIRE WALL REQUIRED
ON EAST WAJI ON! X
, NEW CONCRETE
1--: ·~--~-• --·-··-··~ t·~ . .-.~'.-~ j ita•~'
I ' '•-----•-
CONCRETE SLAB i i CONCRETE
EXISTING
SECTION A-A
3/8"=1'-0"
i i SLAB
c:'.='.:J
PROPOSED
SECTION A-A
3/8"=1'-0"
ALTERNATE #1
FLOOR AT BASE OF STAIRS
IS APPROX. 10" HIGHER
THAN GARAGE FLOOR
TYPICAL WALL TO BE
LIFTED, MOVED 2'
WEST (AWAY FROM
PROPERTY LINE),
SET DOWN ON (2)
COURSES OF BLOCK--------
1/
LAP SIDING----1 I 1/
2"x4" STUDS
0 16" o.c.
FOUNDATION TO 8£.
REMOVED TO A POINT
BELOW GRAD£
NEW CONCRETE BLOCK
FOUNDATION
NEW CONCRETE SLAB
EXISTING
DRIVEWAY
GRADE
NEW
DRIVEWAY
GRADE
~
"' ~
~
SECTION B-B
ALTERNATE #2
3/8"=1·-o·
"' ~
"
LL_ __ Jl_ ______ ~--FIRE WALL REQUIRED NQ!ITH EXISTING STRUCTURE
ELEVATION VIEWS
1,1'8"=1·-o·
!E.$T
GARAGE SLAB TO BOTTOM
OF FLOOR JOIST
SO!IT!:!
ON EAST WALL ONL y
DATE I B'f
~-:,.:
!
-N-
~
CAS -_ /1o~~oii-
CO PO[N~ _PAVEMENT
EXISTING HOUSE
PARTIAL SITE PLAN LEGEND
-DENOTES EXISTING DRAINAGE
~ALTERNATE DIMENSION 1·-20·
t!QIE;
PLEASE REFERENCE SURVEY DONE ON THIS PROPERTY BY ADVANCE SURVEYING &
ENGINEERING CO. DATED MAY 4, 1995, JOB NO. 95220 FOR COMPLETE SITE PLAN
NOT£:
In order to raise the elevation of the garage floor
above the driveway and obtain additional vertical
garage door clearance, the building, in its' entirety
must be raised 16".
Alternate # 1 is the preferred option. This involves
lifting the existing garage, adding two courses of
block, setting garage bock down and adding a firewall
to the east side.
Alternate #2 involves lifting the garage, digging down
and providing a new footing and foundation 2' west of
existing location along the east and west faces, adding
two courses of block along the north and south, and
setting the garage down on the new foundation.
s"1.E >S NOTED I mu: NUMBER Rtv.
DATE 8/22/Qf
OR'N,f31#M I '-"-u,
A,P'VO,
EXISTING AND PROPOSED
GARAGE PLANS FOR
JOHN AND PATTY BAILEY
2001-20
SHT, or
.
•. -~ ' . ~ ~ • .. . ,. ,. ,. ' .
. J .... _,
. -·
. ' . .. . ' . ,r-.....
John M. Bailey
Wendy
City of Orono
PO Box 66
Crystal Bay, MN 55323
Re: Variance Application Number: 01-2715
1.6% ( 40ft:2) excess hardcover
75'-250' Zone
Dear Wendy,
en'< Of OHONO
Two years ago we replaced the dilapidated brick patio with new materials and added a
walkway between the deck and the patio to provide a neater, smoother, safer walkway.
The new walkway is 40ft2 • This additional area takes the 75'-250' zone hardcover area
from 25% to 26.6%.
Because our lot is trapezoidal shaped, narrow and small (approx. 16,000 ft in 75'-250'
zone) we are requesting a variance to allow for the excess hardcover. (Please refer to
survey drawing that you have on file).
Yours very truly,
John M. Bailey
P.S. Just in case this fact may be a consideration: the 200 ft:2 deck is a slatted construction
that drains directly onto the ground below.
2807 Casco Point Road, Wayzata, MN 55391
Phone: (612) 471-8776 Office: (612) 441-2121
DORSEY & WHITNEY LLP
MINNEAPOLIS
NBWYORK
SBATTLB
DENVER
WASHINGTON, D .C .
NOR.T HER.N VIRGINIA
D E S MOINES
LONDON
ANCHORAGE
SALT LAKE CITY
PILLSBURY CENTER SOUTH
220 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402-1498
TELEPHONE: (612) 340-2600
FAX: (612) 340-2868
www.dorseylaw.com
KELLY A. STAACK
(612) 340-2806
FAX (612) 340-2644
staack.kelly@dorseylaw.com
August 22, 2001
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Re: Application of John Bailey for Variance
Dear Mr. Bailey :
f.. LJ'l 'l '7 9001 1-, l, C. J ...
CllY Ui= ORONO
BRUSSELS
COSTA MESA
BILLINGS
PARGO
HONG KONG
GREAT FALLS
ROCHESTER
TOKYO
MISSOULA
VANCOUVER
SHANGHAI
Enclosed is a Property Owner's List certified by the Hennepin County Department of
Property Taxation.
Enclosures
cc: John Bailey
William Hibbs
Very truly yours,
'···_! ': . } ·(( . i
i-~ .
H:\Re al Es tate\Users\Staack.Kelly\Client Fil es\A-E\Bailey, John\Correspondence\City of Orono ltr 08220 I .doc
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20 117 23 23 0016
2797 CASCO POINT RD
R J GRUNDEEN & J A GRUNDEEN
RONALD J GRUNDEEN
2797 CASCO PT RD
WAYZATA MN 55391
38 20 117 23 32 0012
2813 CASCO POINT RD
J L STERN
J L STERN
2813 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0015
2805 CASCO POINT RD
ROGER H FROMMELT & WIFE
ROGER H FROMMELT
2805 CASCO PT RD
WAYZATA MN 55391
38 20 117 23 32 0019
2801 CASCO POINT RD
GD & BS CZERWINSKI
GREGORY D/BETH S CZERWINSKI
2801 CASCO POINT RD
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
CONDMN #
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 32 0010
2817 CASCO POINT RD
WESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0013
2811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0016
2800 CASCO POINT RD
THOMAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
WAYZATA MN 55391
38 20 117 23 32 0020
2799 CASCO POINT RD
TODD J THEILMANN
TODD J THEILMANN
2799 CASCO POINT RD
WAYZATA MN 55391
CONDMN #
CONDMN #
CONDMN #
CONDMN #
38 20 117 23 32 0011
2815 CASCO POINT RD
G & C SCANLON
GENE & CATHERINE SCANLON
2815 CASCO POINT ROAD
WAYZATA MN 55391
38 20 117 23 32 0014
2807 CASCO POINT RD
J M & P S BAILEY
JOHN M & PATRICIA S BAILEY
2807 CASCO POINT RD
WAYZATA MN 55391
38 20 117 23 32 0017
2818 CASCO POINT RD
TAMMY L WOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
WAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPERARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF
DATE f..-d~-C)/ BY
,/J
)®t:t: Sa~
CONDMN #
CONDMN #
CONDMN #
,------------~ .. ~-------------..._ ,------------~
Hennepin County Taxpayer Services Department
-Parcel Information
Parcel ID 2011723320014
House Number 2807
Street Name CASCO POINT RD
Condominium
This is not a legally recorded map . It represents a compilation of information
and data from City, County, and State road authorities and other sources .
10 ~
(20)
(6
CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
P.O. Box 66 2750 Kelley Parkway
Orono, MN 55356 Crystal Bay, MN 55323-0066
DATA PRIVACY ADVISORY
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit
or license.
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the. permit or license.
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
6. Your full name is required to process this application or permit.
~Oh"-? R h-;c,' U. Ba_; \ e_{.,
First Middle
--Z. ~Ol La.Seo A, 12.cl,
Address
m~ £5"'3C// 9~-Z-471-P-77£
City State Zip Phone
I understand my rights as s~ above.
~--11~ //~
Telephone (612) 249-4600 • Fax (612) 249-4616 9
SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored . data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he ·desires, shall be informed of the content and meaning
of that data. After an individual has been shown the private data and informed of its meaning,
the data need not be disclosed to him for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the individual has been collected or
created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 clays either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to contested cases.
' ·1
I
10
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #01-2715 , as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 7th day of SEPTEMBER,
2001.
~-
Denise M. Leskinen
ORONO PLANNING COMMISSION
Monday September 17, 2001 6:30 P~I
2750 Kelley Parkway -Council Chambers
AGENDA
Council Representative: Mayor Peterson
AUDIENCE MEMBERS·:
Please sign in for the public record at the front podium if you wish to address the Planning
Commission. Applicants will be asked to move to the front table to answer questions when
the Chair announces the application. The Planning Commission is an advisory body to the
City Council. If action is taken on any items on this agenda, they will be scheduled for the
October 8, 2001 City Council meeting unless othenvise noted by the Chair.
OLD BUSINESS
Review of these items will commence before or between scheduled public hearings.
-I. #01-2689 Mandeep Sodhi, 4080 Dahl Road, After-The-Fact Variances and
Conditional Use Permit (Staff: Paul Weinberger)
, 2. #01-2699 Jay and Kendall Nygard, 1386 Rest Point Road, Variances
(Staff: Paul Weinberger)
, 3. #01-2702 Fine Line Design Group, 3551 Livingston Avenue, Renewal of Variances
(Staff: Wendy Bottenberg)
NE\V BUSINESS
Review of these items will commence before or between scheduled public hearings.
, 4. #01-2706 Richard and Jane Stark, 815 Partenwood Road, Renewal of Variances
(Staff: \Vendy Bottenberg)
. 5. #01-2708 Michael and Jeanie McClelland, 2170 Minnetonka Avenue, Variances
(Staff: Paul Weinberger)
6. #01-2709 Richard R. Shull, 2285 French Lake Road, Variances
(Staff: Wendy Bottenberg)
r 7. #01-2710 Donald and Joanne Davidson, 568 Keene Avenue, Variances
(Staff: Wendy Bottenberg)
/ 8. #01-2713 Diane and Douglas Merz, 380 Turnham Road, After-The-Fact Variance,
(Staff: Wendy Bottenberg)
..
r 9. #01-2716 Brenshell Development, 2200 Shadywood Road, Variances,
(Staff: Wendy Bottenberg)
~ 10. #01-2717 Ted and Jody Spooner, 700 Tonkawa Road, After-The-Fact Variances
and Conditional Use Permit, (Staff: Wendy Bottenberg)
11. #01-2715 John M. Bailey, 2807 Casco Point Road, Variances,
(Staff: Paul Weinberger)
12. #01-2711 Western Steel Erection, Inc. 2687 Wayzata Boulevard, Conditional Use
Permit, (Staff: Paul Weinberger)
13. #01-2714 Frederick Puzak, 1340 Baldur Park Road, Variances,
: (Staff: Paul Weinberger)
SCHDULED PUBLIC HEARING 8:00 P.M.
14. #01-2718 Proposed Zoning Code Amendment, Section 10.03, Fence Standards
(Staff: Mike Gaffron)
PLANNING COMMISSION COMMENTS
15. Report of Planning Commission representatives attending Council meetings August 27,
2001 and September 10, 2001.
16. Other issues for discussion.
17. Planning Commission approval of minutes for August 20, 2001.
18. Selection ofrepresentatives for City Council meetings on September 24, 2001 and
October 8, 2001.
ADJOURNMENT
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, l\IN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission \\ill hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, September 17, 2001, beginning at 6:30 p.m. on the matter of reviewing the
following land use applicat~ons:
1. #01-2689
2. #01-2699
3. #01-2702
4. #01-2706
5. #01-2708
6. #01-2709
7. #01-2710
Mandeep Sodhi, 4080 Dahl Road, requests after-the-fact variances and a
conditional use permit to permit replacement of a stairway and retaining walls
within 75' of the lakeshore and to review a restoration plan for intensive
vegetation removal on a bluff.
Jay and Kendall Nygard, 1386 Rest Point Road, request variances to permit
a 17 .5' X 8' addition to the house located 7 .5' to the side property line where
a 10' setback is required and to permit 4,387 s.f. (55.4%) hardcover within the
75-250' lakeshore setback where 25% is allowed.
Fine Line Design Group, 3551 Livingston Avenue, requests renewal of
variances to permit construction of a single family home on lot with a defined
lot width of 50' and lot area of 6,725 s.f. in the LR-1 C zoning district where
a minimum lot width of 100' and lot area of½ acre are required.
Richard and Jane Stark, 815 Partemvood Road, request renewal of variances
to permit an addition to the lakeside of the house constituting new structure
and hardcover within 75' of the lakeshore, where no new hardcover and
structure are permitted.
Michael and Jeanie McClelland, 2170 Minnetonka Avenue, request
variances to permit construction of a 6' fence within a street yard where a
3 ½' fence is permitted.
Richard R. Shull, 2285 French Lake Road, requests variances to 0-75'
hardcoYer and 75-250' hardcover requirements to permit additions to the
house located within 150' to French Lake, a Natural Environmental lake,
where no new structure is permitted; and to permit an addition to the house
encroaching into the average lakeshore setback.
Donald and Joanne Davidson, 568 Keene Avenue, request variances to
permit construction of a new residence on a property with a defined lot width
of 154' and a defined lot area of21,839 s.f. (.5 acre) where a minimum lot
width of 200' and lot area of 87,120 s.f. (2 acres) is required for lots in the
RR-lB zoning district; and to permit construction of the residence 45.5' from
the front property line, 30' from the west side property line, and 30' from the ..•
8. #01-2711
9. #01-2712
10. #01-2713
11. #01-2714
12. #01-2715
13. #01-2716
14. #01-2717
rear property line, where 50' is required; and 29.5' from the east side property
line where a 30' setback is required.
Western Steel Erection, Inc. having an interest in property located at, 2687
'\-Vayzata Boulevard, requests a conditional use permit to permit outside
storage on the east side of the property for company trucks, welders, and
cranes; and to install a private motor fuel station including the installation of
a 1,000 gallon tank for use by the Western Steel Erection, Inc. company
equi~ment and vehicles.
S. Scott Standa, 2659 Casco Point Road, requests after-the-fact variances to
permit replacement of an 8' X 12' deck attached to a boathouse within the 0-
75' lakeshore setback.
Diane and Douglas Merz, 380 Turnham Road, request after-the-fact
variance to permit a 6.2' X 10.5' covered porch within the 100' front yard
setback to the front property line.
Frederick Puzak, 1340 Baldur Park Road, requests variances to permit
construction of a new residence located within 75' of the lakeshore and
requiring variances to permit 1,675 s.f. (9.8%) hardcover in the 0-75' setback
where no hardcover is allowed and 2,885 s.f. (63.5%) hardcover in the 75-
250' setback.
John M. Bailey, 2807 Casco Point Road, requests variances to allow
alteration, including construction of a new foundation, to an existing detached
garage located 1.1' to the east side property line where a 1 0' setback is
required and an after-the-fact variance to permit additional non-conforming
hardcover within the 75-250' setback for a paved concrete walk between the
deck and patio.
Brenshell Development, 2200 Shadywood Road, requests variances to lot
area and width to permit construction of a new residence; variances to permit
28% hardcover in the 75-250' lak~shore setback where 25% is allowed and
66% hardcover in the 250-500' setback where 30% is allowed; and variances
to permit the parking area and driveways to encroach on the side yard
setbacks.
Ted and Jody Spooner, 700 Tonkawa Road, request after-the-fact variances
and a conditional use permit and review of a landscaping plan to permit
replacement and alteration to existing retaining walls within the 0-75'
lakeshore setback.
..
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and shall be submitted to the City of Orono by September 10, 2001. Plans are available in
the City Offices. For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
Paul Weinberger, Zoningdministrator/Planner
To be published the week of September 1, 2001.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600
Fax (952) 249-4616
The Planning Commission will hold
public hearings in the Council Chambers at
2780 Kelley Parkway on Monday, September
17, 2001, beginning at 6:30 p.m. on the
matter of reviewing the following land use
applications:
_ 1 . #01-2689 Mandeep Sodhi, 4080
Dahl Road, requests after-the-fact
variances and a conditional use permit to
permit replacement of a stairway and
retaining walls within 75' of the lakeshore and
to review a restoration plan for intensive
vegetation removal on a bluff.
2 . #01-2699 Jay and Kendall Nygard ,
1386 Rest Point Road, request variances
to permit a 17 .5'X8' addition to the house
located 7.5' to the side property line where a
10' setback is required and to permit 4,387
s.f. (55.4%) hardcover within the 75 -250'
lakeshore setback where 25% is allowed .
3 . #01-2702 Fine Line Design Group
3551 Livingston Avenue, request~
renewal of vari11nces to permit construction of
a single family home on lot with a defined lot
width of 50' and lot area of 6.725 s.f. in the LR-
1C zoning district where a minimum lot width
of 100' and lot area of 1/2 acre are required .
4. #01-2706 Richard and Jane Stark ,
815 Partenwood Road, request renewal of
variances to permit an addition to the
lakeside of the house constituting new
structure and hardcover within 75' of the
lakeshore, where no new hardcover and
structure are permitted .
5. #01-2708 Michael and Jeanie
McClelland, 2170 Minnetonka Avenue,
request variances to permit construction of a
6' fence within a street yard where a 3 1/2'
fence is permitted .
6. #01 -2709 Richard R. Shull , 2285
French Lake Road, requests variances to
0 -75' hardcover and 75 -250' hardcover
requirements to permit additions to the house
located within 150' to French Lake, a Natural
Environmental lake, where no new structure
is permitted ; and to permit an addition to the
house encroaching into the average
lakeshore setback.
7 . #01 -2710 Donald and Joanne
Davidson, 568 Keene Avenue, request
variances to permit construction of a new
residence on a property with a defined lot
width of 154' and a defined lot area of 21,839
s.f. (.5 acre) where a minimum lot width of
200' and lot area of 87 ,120 s.f. (2 acres) is
requi red for lots in the RR-1 B zoning district;
and to permit construction of the residence
45.5 ' from the front property line, 30' from the
west side property line, and 30' from the rear
property line, where SO' is required; and 29.5'
from the east side property line where a 30'
setback is required .
8. #01-2711 Western Steel Erection ,
Inc. having an interest in property located -at
268~ . Wayzata Boulevard, requests ~
cond1t1onal use permit to permit outside '
. storage on the east side of the property for
company tr_ucks , welders, and cranes, and to
install a private motor fuel station includfng
the installation of a 1,000 gallon tank for use
by the Western Steel Erection, Inc . company
equipment and vehicles.
9. #01-2712 S. Scott Stan·da 2659
Casco Point Road, requests after-the-fact
variances to permit replacement of an 8'X12'
deck attached to a boathouse within the 0-75'
lakeshore setback.
10. #01-2713 Diane and Douglas Merz
380 Turnham Road, request after-the-faci
variance to permit a 6.2'X10.5' covered porch
w1th1n the 100' front yard setback to the front
property line .
11 . #01-2714 Frederick Puzak, 1340.
Baldur Park Road , requests variances to
pe;mit construction of a new residence l
located within 75' of the lake.shore ·and
requiring variances to perm i t 1,675 B.f. (S .8%)
hardcover in the 0-75 ' setback where no
hardcover is allowed and 2.885 s.f. (63.5%) '
hardcover in the 75-250' setback.
12. #?1 -2 715 John M. Bailey, 2807
Casco Point Road, requests variances to
allow alteration, including construction of a
new foundation, to an existing detached
qarage located 1 .J ' to the east side property
line where a 10' setback is required and an
after-the-fact variance to permit additional
non -conforming hardcover within the 75-250' /
sotbat,;k. fot a pa1.,1od ,:-onor olo Wo.lk. botwoon
the deck and patio . ~-· , 1·
13 . #01-2716 Brenshell Development,
2200 Shadywood Road,. requests
variances to lot area and width to permit
construction of a new residence; variances to
permit 28% hardcover in the 75-250'•
lakeshore setback where 25% is allowed and
66% hardcover in_ the 250-500' setback
where 30% is allowed ; and variances to
permit the parking area and driveways to
encroach on the side yard setbacks. ·
14. #01-2717 Ted and Jody Spooner,
700 Tonkawa Road, request after-the-fact
variances and a conditional use permit and
review of a landscaping plan to permit ,
replacement and alteration to existing
retaining walls within the 0-75' lakeshore
setback .
All persons wishing to be heard are
encouraged to attend this meeting. Written
comments are accepted and shall be ·
submitted to the City of Orono by September ·· '
10, 2001. Plans are available in the City
Offices . For an appointment, please call
(952) 249-4600 .
City of Orono
By : Planning Commission
Paul Weinberger,
Administrator/Planner
Zoning
(Published in The Laker and Pioneer
September 1, 2001)
Affk _..1vit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below:
A .) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.) The printed Land Use Application
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the 1st day of -~s=e,._,,pe..>t,.,,e ..... m...,b""-'e ..... r..__ 2001 ,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of __ ~----2001;
$/t'it
Authorized Agent
Suscribed and sworn to me on this
KRISTI HOLM
NOTARY PUBLIC· ~111;):ESOTA
My Ccr.imission E;:pires ~.::~. 31. ::.. '.'.i }, ! ... ·~~,:;:_;.._~-::;: --~4~ --.✓
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $15.00 per inch.
(2) Maximum rate allowed by law for above matter: $15.00.
(3) Rate actually charged for above matter : $7. 73 per inch.
Each additional successive week: $5.62.
Ap~lic~nt:
. ·.
Address:
TRACKING SHEET
FILE NO. Q/-2 71..ir
Staff: ------
John M. Bailey
Patricia S. Bailey
2807 Casco Point Rd .
Wayzata, MN 55391
D Meeting with Staff: -----------
□ Date Application Completed: g / / 7 /o I
D Incomplete Notice Sent: ---------
lf Date Property Owners Notified: 9 -Z-D I
~ Date Legal Notice Published: 9 ~/ -0 ( ____ ___,_ __
PC Meeting(s): . c, Ji, lo,.
------
D Notice of PC Action: ----------
□ City Council Meeting(s): _1_.;;_fi_z_'-/_fa_o_l __ ~_
D Resolution
X:\AP PS\ \VPWIN60\ \VPDOCS\CAROLE\FORi.'-11S\ TRKNG.S ITT
60Day: -------
7-0 Vote:----~·
Vote: -----
Vote: -----
: Vote: ------~·
Vote: -----
-.