HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Theresa Norsted
2811 Casco Point Rd.
Wayzata, MN 55391
TYPE OF APPLICATION: Variances
DATE OF MEETING: 11/12/96
COUNCIL ACTION -MOTION:
APPLICATION NO. 2179
NOTICE OF COUNCIL ACTION
Date of Notice: November 25, 1996
COPIES:
VOTE: 4 FOR 0 AGAINST
To approve per the findings and conditions of the resolution previously mailed to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday through Friday,
8:00 to 4:30). All persons with an interest in the property must sign the resolutions.
Variance approval is limited to the extent shown on approved plan and as noted in the approval
resolution. Changes in approved plans are subject to further review by the City. Variance
approval expires one year after date of approval. The building permit application must be
submitted to the City no later than November 12, 1997.
ch
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON NOVEMBER 12, 1996
(#6) #2179 THERESA NORSTED, 2811 CASCO POINT ROAD -AMENDED
VARV\NCES -RESOLUTION #3800
The applicant was present.
Mabusth reported that the application was for hardcover and structural coverage
variances along with setback variances for the construction of a detached garage in the
street yard and tvvo level 7x I 0-1/2' decks at the southwest corner of the residence. The
decks do not require any setback variances but do add to hardcover and structural
coverage . The decks would include access stairs . All improvements are located behind
the average lakeshore setback . Mabusth noted that no views are impacted upon adjacent
residences .
Mabusth continued that the applicant staked out the garage location on the property and
noted location of a tree on neighboring property near to the back ·of the proposed garage .
The tree is approximately 70 years old . Due to this, Norsted amended her application to
reflect a change in the garage dimensions to 22' deep and 26' wide. This results in no
changes to factual findings. The access stairs for the upper level storage area of the
garage will be located internally . The garage is proposed at 18' but actually located about
22' from the traveled road. The neighboring garages are both located within 1' of the side
property lines of property . The building inspector reviewed the site and found no
problems that would require special needs such as a fire wall.
Kelley asked if the neighbors were spoken to . Mabusth said both neighbors were notified
through the application process both in July and October. One neighbor only asked if
there was any encroachment of the average lakeshore setback.
Kelley asked what type of tree was on the neighboring property . Norsted indicated that it
was an oak tree . Goetten responded that the 2' change in garage location would not
matter indicating that she felt the root system of the tree would be affected. Kelley
agreed that in his opinion the tree would be killed and hoped that the neighbor
understands this . Norsted said she spoke with the neighbor, who felt the location was
best for the garage . Kelley indicated that the applicant should have the right to the
garage but was concerned with upsetting the neighbor.
Goetten asked how far the tree was from the lot line and was told 2'. Jabbour noted that
the garage was located 3' from the corner. He was informed that there was room to
move the garage to the right but a mature tree on the applicant's property would need to
be removed .
Norsted said she changed the dimensions of the garage to aid in not disturbing the root
system of her neighbor's tree, while not damaging her tree either. Norsted said she was
the one who voiced the concern for the tree. Goetten informed Norsted that she was not
opposed to the garage being built.
4
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON NOVEIVIBER 12, 1996
(#6 -#2179 Theresa Norsted -Continued)
Callahan asked Mabusth if the survey was satisfactory. Mabusth said the survey was
current.
Jabbour moved, Kelley seconded, to approve Resolution #3800 noting the garage
dimensions as 26'x22'. Vote: Ayes 4, Nays 0.
(#7) #2183 CHARLES KRAMER, 2990 SOMERSET LANE -CONDITIONAL
USE PERMIT -RESOLUTION #3801
The applicant was present.
Mabusth r~viewed the land holdings of the applicant which include three parcels, one
being his homestead. The application is for a conditional use permit and does not require
any variances. The wetlands in question are of a type 7. John Smythe, an aquatic
scientist with Bonestroo, reviewed the wetlands. One wetland area was found to be
degraded, and the proposed dredging would result in an upgraded wetland. The other
wetland was found to be untouched and not degraded. Smythe recommended that this
particular wetland should be left intact. The proposal would result in a loss of trees.
Smythe did suggest the buckthorn growth could be removed. The applicant amended his
application after receiving Smythe's recommendation.
Mabusth reported that the Planning Commission recommended the alteration of only the
one pond and denying alteration of the pond located in the southeast corner. Conditions
placed on the application include the spoils be limited in their removal to the applicant's
property to the north only. The type 1 and 2 wetlands are to be staked in the field and a
26' separation maintained. Both septic sites are to be protected and fenced off Erosion
control is to be maintained until the ground cover has been restored.
Kramer indicated that he was satisfied with the Planning Commission's recommendation
and stipulations.
Goetten asked Mabusth if there should be any specific wording in the resolution to
maintain the "Hardwood Swamp" as recommended to be left untouched by Smythe to
protect the land in the future. Mabusth said the area is now identified as a "Hardwood
Swamp" Type 7 and would be limited to only that now spelled out by such a
classification. Jabbour noted that the ordinances in effect now only prohibit the cutting of
trees. Mabusth indicated that the wetland is not a designated wetland of the City but is
protected under permit reviews by Corp of Engineer and MCWD.
City Attorney Radio suggested a conservation easement be placed over the property if
the City wants it to be protected. He indicated that the application process is the
appropriate time in which to make this request. Goetten said she would like to see this
conservation easement be taken if Kramer was in agreement.
5
CITYof ORONO
November 7, 1996
Theresa N orsted
2811 Casco Point Road
Orono, MN 55391
Dear Theresa:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Malling Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
You are asked to review the enclosed approval resolution that will be presented to the Council for
their review and formal action at their November 12, 1996 meeting. Please note that meeting will
be held on a Tuesday and commences at 7:00 p.m. Please contact staff prior to the meeting if you
have any questions.
Sincerely,
(i ~ Mt/JU-d , iJ1 cJ~~ ~ (-Uuj
Jeanne A Mabusth
Building & Zoning Administrator
JAM/lsv
Enc.
Telephone (612) 473-7357 • FAX 473-0510
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Jeanne A. Mabusth
Title Building & Zoning Administrator
DATE: November 5, 1996
ITEM NO.:
Agenda Section:
Zoning
Item Description: #2179 Theresa Norsted, 2811 Casco Point Road -Variances -
Resolution
Zoning District: LR-IC
Lot area = 13,747.5 s.f.
Application: Applicant has presented two improvement plans before the Planning Commission
at their July and October meetings. The original application involved a two story addition at
the lake side of the residence involving a major encroachment of the average lakeshore setback
line. The neighbor to the east was in complete opposition to the improvement because of the
impact upon the views from his view windows at the south and west. The applicant was
advised of the hardcover and structural coverage limits for the property and was further advised
by Planning Commission to consider more comprehensive needs of the property as property
lacked a garage.
The applicant now seeks approval of hardcover (75-250' setback area), structural coverage, and
side and street setback variances to allow construction of a detached garage within the street
yard of the property and a two level 7' x 1 O½' deck at the southwest corner of the existing
residence that would not require setback variances. The following ordinances are pertinent for
this review:
1. Section 10.03, Subd. 14 (C) -Structural coverage variance.
Total area = 13,747.5 s.f.
Allowed = 2,062.2 s.f. or 15%
Existing = 1,588.9 s.f. or 10.8%
Proposed = 2,150.6 s.f. or 15.6%
Variance = 88.4 s.f. or 0.6% ·
2. Section 10.22, Subd. 1 (B) -Average lakeshore setback review. Refer to
Exhibit E, the two level deck and access stair at the southwest corner of
residence will not encroach the average lakeshore setback line.
3. Section 10.22, Subd. 2 -Review of hardcover.
A. 0-75' setback area= 5,437.5 s.f.
Allowed= 0
Existing = 380 s.f. or 6.9%
No changes are proposed within the 0-75' setback area.
Request for Council Action continued
Page2
November 5, 1996
#2179 Theresa Norsted 2811 Casco Point Road
B. 75-250' setback area = 8,310 s.f
Allowed = 2,077.5 s.f or 25%
Existing = 1,448.9 s.f or 17.4%
Proposed = 2,373.45 s.f or 28.5%
Variance = 295.9 s.f or 3.5%
4. Section 10.25, Subd. 6 (B) -Setback variances.
A. Street setback -detached garage.
Required = 30'
Proposed = 18' (traveled road 22')
Variance= 12' or 40%
B. Side setback -detached garage.
List of Exhibits
Required = 1 O'
Proposed = 2' (Footprint of structure is 3' but l' overhang must be
included as structure does not meet 1 O' side yard setback.)
Variance = 8' or 80%
A -Application
A-1 Applicant's Addendum
B -Hardship Statement
C -Plat Map
D -Property Owners List
E -Proposed Site Plan Survey Approved by Planning Commission
F -Hardcover 0-75' Setback Area
G Hardcover 75-250' Setback Area
H -Elevations/Floor Plan Two Level Deck
I -Site Plan as Amended by Applicant Since Planning Commission Review (no
change in factual information)
J -Cross Section Garage
K -Street Elevation/Garage
L -Side Elevation/Garage
M -Grade Level Floor Plan/Garage
N -Second Floor Plan/Garage
0 -2813 Casco Point Road-Adjacent Property at East
P -2807 Casco Point Road-Adjacent Property at West
Request for Council Action continued
Page 3
November 5, 1996
#2179 Theresa Norsted, 2811 Casco Point Road
Brief Review of Request
At the October 21st meeting of the Planning Commission, applicant proposed a 24' x 24'
detached garage (Exhibit E) to be located 18' from the street lot line and 2' from the side lot
line. Since the Planning Commission meeting, applicant is concerned with the potential impact
of the construction upon neighbor's tree to the immediate west. She proposes reducing the
depth of the garage from 24' to 22' and expanding the width to 26'. Council is asked to
consider a 22' x 26' garage as shown on staffs amended sketch, Exhibit I. There is no change
in the hardcover or structural coverage facts as noted above and as approved by the Planning
Commission.
The Building Inspector has reviewed the 1' setback of the garage at the west property line and
applicant plans to locate detached garage 2' from same lot line. He notes no problem or need
for special fire wall construction. Review Exhibits O and P, note garages on both sides are
located as close as l' from both side lot lines of applicant's property. The neighbor to the west
has doors facing away from street and the neighbor to the east with a garage located
approximately 3+' from the street lot line has doors opening out onto Casco Point Road. The
actual traveled road of Casco Point is 3-4' beyond the north street lot line of applicant's
property. The proposed garage with doors facing out onto Casco Point Road would be
approximately 21-22' from the traveled road. The garage has been located on the property in
order to save mature trees to the south and east of garage structure. Applicant has eliminated
the exterior access stair on the east side of the garage. Access to the upper level will be via
an interior staircase. This resulted in a hardcover reduction of 34.05 s.f. or 0.4%.
The second phase of the improvement project involves a two level deck at the southwest corner
of the residence at 7' x 1 O½', refer to Exhibit I. The structure will not require a side setback
variance nor will the access stair and deck structure be located in front of the average
lakeshore setback line. Applicant had originally proposed an extensive grade level patio
resulting in excesses of hardcover within the 75-250' setback area proposed at 32.8%.
Applicant agreed to remove the grade level patio and access stair structure at east side of
garage resulting in a reduction of 353.5 s.f or 4.3% of proposed hardcover.
The Planning Commission was asked to review the structural improvements within the 0-75'
setback area. The boathouse structure is in excellent condition requiring no structural
improvements. The boathouse is an integral part of the access stair to the lake. The access
stair is also in excellent condition. There is an old pump house at an approximate 4' height.
Both the pump house and boathouse provide structural support of the steep sloped eroding
lakeshore bank. There are signs of severe erosion throughout the entire lakeshore bank The
City is recommending that applicant consult with a landscape contractor to determine the best
type of plantings to restore groundcover. If the bank is to remain stabilized, it was
recommended that both the boathouse and pump house structure remain until future
improvements are proposed by applicant. The applicant was not asked to consider hardcover
removals within the 0-75' setback area.
Request for Council Action continued
Page4
November 5, 1996
#2179 Theresa Norsted, 2811 Casco Point Road
There was discussion as to the need for the garage doors being relocated to the side providing
adequate turnaround before backing out onto the busy roadway. Members felt the 20-22' would
provide adequate distance for sighting at roadway with minimal backout for cars exiting
property. A neighbor in attendance at an earlier Planning Commission meeting noted that a
garage had existed in the proposed location in the 1960's and was removed because of its
hazardous condition. The City has no record of the structure. Members also noted the
consistent pattern of locating detached garages within the street yards of the properties along
this section of Casco Point Road.
Statement of Hardship
Please refer to Exhibit B, hardships are reviewed as follows:
1. Applicant notes there is no outdoor seating areas at lakeside of residence, either
at grade or upper level of residence.
2. The property does not have a garage.
3. The pattern of locating garages at substandard setbacks in street yard appears to
be consistent with surrounding properties and immediately adjacent properties.
4. The existence of two mature trees and plantings in yard has defined location of
structure.
5. The garage will be located within the approximate footprint of the former
garage.
6. Adjacent property owners have installed garages approximately 1' from
applicant's side lot line and have noted no objection with applicant's
improvement plan.
Planning Commission Recommendation
The Planning Commission recommended unanimous approval of the application as amended
and as shown in Exhibit I of the exhibits approving a 0. 6% structural coverage excess,
hardcover variance of 3.5% in the 75-250' setback area, side setback variance of 8' for detached
garage and street setback variance of 12'. Approval was conditioned on applicant amending
the garage plan to reflect the removal of the exterior access staircase at the east side of
structure.
Request for Council Action continued
Page 5
November 5, 1996
#2179 Theresa Norsted, 2811 Casco Point Road
As already noted above, the applicant has asked to amend the application since Planning
Commission's approval asking for a 22' x 26' detached garage based on the location of the
neighbor's mature tree and the need to protect the root system. Factual findings for variances
remain the same.
The enclosed approval resolution has been drafted per the findings and conditions of the
Planning Commission recommendation and now includes the 22' x 26' garage rather than the
24' x 24' garage in the original proposal.
COUNCIL ACTION REQUESTED:
To either adopt or amend the enclosed approval resolution.
lsv
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Theresa Norsted
2811 Casco Point Road
Orono,MN 55391
TYPE OF APPLICATION:
DATE OF MEETING: 10/21/96
Variances
ZONING FILE #2179
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: October 23, 1996
COPIES TO:
VOTE: 5 FOR 0 AGAINST
Planning Commission recommends the following:
Planning Commission recommended approval of the application as amended. The two level 7'x 10
1/2' decks at the southwest corner of residence was approved. The 24'x24' detached garage in the
street yard was approved. Members asked that the staircase with upper level deck attached to garage
be removed and an interior access stair be provided.
Applicant's next scheduled meeting is confirmed at the City Council meeting of November 12, 1996.
Please note the meeting commences at 7:00 p.m. Please also note that the meeting will be held on
a Tuesday rather than the regular second Monday of the month because of the holiday.
ch
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON OCTOBER 21, 1996
(#4 -#2176 Daniel Perkins -Continued)
Stoddard inquired if wetlands permits were in line . It was noted that the Corps of
Engineers has given permission, but it is not in the jurisdiction of the DNR . In that case,
Stoddard said the only issue would be that of the length of time involved in issuing the
permit. He noted that the Council has approved an annual review . Schroeder aliuded to
the minutes of the Council meeting where the application had been approved in 1995 . The
Council had thought an annual review made sense . Mabusth reviewed Council's concern
regarding major changes in federal and state regulations and felt an annual review is most
appropriate . Perkins responded that the removal would not be done annually but only
every other year.
McMillan questioned the slope and banks of the pond noting that there was a steep drop
off Perkins was of the opinion that there was a tapering to the bank . McMillan
commented that when the pond dries, there will not be a gradual slope. Hawn voiced
concern with a straight edge to the pond with water in it and questioned whether it would
be hazardous if used as an ice rink. Perkins said the water level is usually to the edge of
the pond . McMillan suggested that the slope was not 8 : 1. Mabusth asked if there were
any cattails. McMillan noted the pond to be that of type 2 citing no cattails planted .
Perkins said he did plant duck root. Mabusth questioned planting when not completed.
Perkins said it was done by Butterfield . Hawn asked Perkins to work with Butterfield to
correct the slope.
Stoddard moved, Schroeder seconded , to approve the conditional use permit and variance
based on a Council review of every other year with applicant correcting the slope per the
permitted varying slopes of 5: 1 and 8 : 1.
McMillan and Perkins discussed how the correct slope may be obtained . Mabusth noted
with the last digging from this pond, the correct slope should be able to be obtained.
Mabusth informed Schroeder that the current permit is for the mining of 200 cubic yards
to peat for the winter 1996-1997 season.
Vote: Ayes 5, Nays 0.
(#5) #2L7 9 THERESA NORSTED, 2811 CASCO POINT ROAD -AMENDED
VARIANCE-PUBLIC HEARING-7:18-7:46 P.M.
The Affidavit of Publication and Certificate of Mailing were noted .
The Applicant was present.
6
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON OCTOBER 21, 1996
(#5 -#2179 Theresa Norsted -Continued)
Mabusth reminded the Commission that the applicant had tabled her application in order
to reconsider her needs after receiving Commission comments and Staff information. The
property in question is located on the curve of Casco Point Road. The proposal is for
hardcover, structural coverage and setback variances for the construction of a deck
addition and a detached garage. In response to Staffs recommendations, the applicant has
submitted an amended proposal consisting of a detached garage with an outside stairway
and a two story 7x10.5' deck on the lake side of the residence. Neither structure would be
located in front of the average lakeshore setback. With the amended application, a side
setback variance would be eliminated.
The two stl:lll garage would have an upper level storage area. The applicant had originally
planned on an interior access with pull down stairs but had thought it would interfere with
cars parked in the garage. The plans call for a 5-1/2'x3-1/2' deck at the upper level of
outside staircase. The location of the garage would be as in the first plan submitted but
there is a structural coverage drop from 15.7% to 15.6/\. The hardcover proposed at
32.8% is amended to 28.5% in the 75'-250' setback.
Staff commented on the location of the garage doors on the adjacent lots. The property to
the west has garage doors facing away from street. On the east side, the door is to the
street side and only 3' from the street. The applicant's garage is proposed at an 18' street
setback with traveled road located 20-22' and located 3' from the side lot line. With the l'
overhang, however, it would be considered at 2' from the side lot line. Mabusth added
that the building inspector found no need for special fire wall requests for the garage at the
proposed side setback.
Norsted was in favor of the location of the garage due to mature trees on the property. It
was noted that two mature trees would be lost if the garage were located nearer the
residence. The garage is also in the same general area as the previous garage.
Stoddard noted that there is less hardcover with the front entry. Council's denial of front
entry doors in a similar proposal was noted.
Mabusth informed the applicant and Commission that the side staircase was not shown on
the survey. She voiced concern with affecting a tree located near these stairs. Norsted
said she was informed by a tree expert that it would not interfere with the root system of
the tree. The applicant added that the outside staircase was her preference.
McMillan asked outside stairs to the basement. Norsted said she was willing to remove
the three concrete steps, 316 11
, as trade in order to gain approval of her proposal.
There were no public comments.
7
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON OCTOBER 21, 1996
(#5 -#2179 Theresa Norsted -Continued)
In discussing the front placement of the garage doors, Mabusth informed Stoddard that
trees would be lost otherwise and there would be a major increase in hardcover if changed
to a side entry. The 18' proposed setback is also an improvement over that of the
neighboring garages.
In discussing the side setback at 2' with the garage overhang, it was noted that the
neighboring garages are 1' from the lot line and no specific requirements or concerns have
been noted by the building inspector. Norsted said she also spoke with her neighbors. All
agreed that the trees were a valued asset.
Stoddard asked Norsted if she would consider a smaller garage. Mabusth noted that
Norsted had been willing to remove a grade level patio in order to maintain the 24'x24'
garage size. The Planning Commission did not encourage the garage to be moved closer
to the street in order to lessen the hardcover. Hawn noted the room to maneuver allowed
safer access.
The issue of the outside staircase instead of an inside staircase was discussed. The
staircase adds 35 s.f. of additional hardcover. Hawn suggested a pull-down staircase
along the back of the garage. Concern was voiced over how it would change the roof
style. Norsted was concerned with the ability to move around inside the garage and with
the look of the garage. Mabusth noted that hardcover and structural coverage would be
reduced if the staircase were moved inside the garage. The storage area is not planned for
heat or plumbing. McMillan suggested the pull-down staircase be located between the
two stalls.
Stoddard asked if Staff recommended the side staircase. Mabusth said it was not
discussed with applicant and is part of the amended plan. She noted there is no side
setback variance with the amended plan for the deck addition. The hardcover variance is
3.5% and structural coverage at 0.6%. The grade level patio was not counted as structure
but was reflected in the hardcover calculations.
Berg asked if the applicant would consider a 22'x22' garage. Norsted asked ifit would
help if the staircase with deck attached to garage was removed from the proposal.
Schroeder noted that the purpose is to stay at or below the structural coverage allotment.
Schroeder also informed Norsted that it was likely that she would end up with an interior
staircase due to the difficulty in the winter in accessing the storage by an outside staircase.
Schroeder commented that if the outside staircase was removed, he would be inclined to
support the proposal.
There were no public comments.
8
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON OCTOBER 21, 1996
(#5 -#2179 Theresa Norsted -Continued)
Hawn moved, Stoddard seconded, to approve Application #2179 for side and street
setback, hardcover, and structural coverage variances for a two level lake side deck and a
24'x24' detached garage with an interior staircase only with doors facing the street side.
Vote: Ayes 5, Nays 0.
(#6) #2180 PEGGY AND FRANK PICHELMAN, 2920 CASCO POINT ROAD -
VARIANCES -PUBLIC HEARING -8:27-8:51 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was present.
Mabusth reported that the application involves major additions for a home located on
Casco Cove, a cul-de-sac consisting of 6-7 homes. The house is a single story rambler
similar to others in the neighborhood built in the 1960's. The improvements proposed
consist of a 24'x24' attached garage in the street yard, located 8' from the street where a
30' setback is required. To the lakeside, a 13'xl4' deck and 16'x24', 3-level, addition are
proposed, a family room on the main level with lower level basement with an atrium upper
level. There are two options for an access drive. Option 1 would involve the garage
doors to the street side, and Option 2 would involve doors facing to the side. The second
story proposed over the single story residence meets the setbacks and is behind the
average lakeshore setback, as are all of the improvements proposed at the lakeside.
The proposal calls for a structural coverage variance of 3.4%. Hardcover in the 75-250'
setback is proposed at an 11. 7% excess with Option 1, where the doors are to the street.
Hardcover excess would be at 14.6% under Option 2, with doors to the side and driveway
in the street yard with a back-out apron (see Addendum F-1 and F-2). The street setback
is 8'; although, the actual traveled road is 5-6' beyond that.
The applicants had no comments to add at this time.
During public comments, Mike Barrett, 2912.Casco Point Road, located across the street
from the applicant, commented that he had not heard directly from the applicant regarding
this proposal. He said he received notification from the City and saw the posted sign.
Barrett said the improvements to the lakeside or inside of the home were acceptable to
him. However, he is very concerned with the garage. He understands the desire to have
two stalls instead of one, but he sees no space for the larger garage without sacrificing
home space. He is concerned with the proposed garage being only 8' from the street,
which would be situated differently from others in the cul-de-sac. Barrett feels the garage
improvement may be too ambitious for the lot. He said he could not visualize the garage
without setback or architectural violation and noted it would cause the loss of two mature
trees in the yard.
9
To:
From:
Date:
Subject:
Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
October 9, 1996
#2179 Theresa Norsted, 2811 Casco Point Road -Amended Variance
Application -Public Hearing
Zoning District: LR-lC
Lot area= 13,747.5 s.f.
Application: The applicant's original variance application was tabled at the July 15th meeting
at applicant's request. The original application involved a two story addition at
the lake side of the residence involving a major encroachment of the average
lakeshore setback line. The neighbor to the east was in complete opposition to
the improvement because of the impact upon the views from his view windows
at the south and west. The applicant was advised of the hardcover and structural
coverage limits for the property and was further advised by Planning
Commission to consider more comprehensive needs of the property as property
lacked a garage. The applicant has filed an amended variance application
requesting a detached garage, grade level patio at the lakeside and second level
deck at the southwest comer of residence. The following ordinances are
pertinent for this review:
1. Section 10.03, Subd. 14 (C) -Structural coverage variance.
Total area= 13,747.5 s.f.
Allowed = 2,062.2 s.f. or 15%
Existing = 1,588.9 s.f. or 10.8%
Proposed = 2,165.5 s.f. or 15.7%*
Variance = 103.3 s.f. or 0.7%
* House/porch 1,328.9 s.f., boathouse 160 s.f., second level deck 88
s.f., detached garage 576 s.f., upper level deck detached garage 12.25 s.f.
2. Section 10.22, Subd. 1 (B) -Average lakeshore setback review. Refer
to Exhibit E. The grade level patio that extends beyond the average
lakeshore setback line is not considered an encroachment. There is no
variance sought by applicant to the average lakeshore setback.
3. Section 10.22, Subd. 2 -Review of hardcover.
A. 0-75' setback area = 5,437.5 s.f.
Allowed= 0
Existing = 380 s.f. or 6.9%
No changes are proposed within the 0-75' setback area.
Zoning File #2179
October 9, 1996
Page 2
B. 75-250' setback area = 8,310 s.f.
Allowed= 2,077.5 s.f. or 25%
Existing = 1,448.9 s.f. or 17.4%
Proposed = 2,727 s.f. or 32.8%*
Variance = 649.5 s.f. or 7.8%
* 1,328.9 s.f. house/rear porch, 88 s.f. second floor deck over
grade level patio, 340 s.f. grade level patio, 576 s.f. detached
garage, 35.05 s.f. garage deck/stairs, 360 s.f. drive (18' x 20')
4. Section 10.25, Subd. 6 (B) -Setback variances.
List of Exhibits
A. Street setback/detached garage
Required = 30'
Proposed = 18' (traveled road 22')
Variance= 12' or 40%
B. Side setback/detached garage
Required = 1 O'
Proposed = 3' (structure is 3' but l' overhang places total
structure 2' from side lot line)*
Variance = 8' or 80%
* When structure meets required setback, an overhang up to 1 ½'
is not considered an encroachment.
C. Side setback variance/second floor house deck
Required = 10'
Existing = 16'
Proposed = 8'
Variance = 2' or 20%
A -Application
A-1 Applicant's Addendum
B Hardship Statement
C -Plat Map
D -Property Owners List
E -Proposed Site Plan/Survey
F -Hardcover 0-7 5' Setback Area
G -Hardcover 75-250' Setback Area
Zoning File #2179
October 9, 1996
Page 3
H
I
J
K
L
M
N
0
p
Q
Grade Level Patio/Upper Deck Floor Plan
-Elevation of Second Floor Deck
Cross Section Garage
Street Elevation/Garage
Side Elevation/Garage
Grade Level Floor Plan/Garage
Second Floor Plan/Garage
2813 Casco Point Road-Adjacent Property at East
2807 Casco Point Road-Adjacent Property at West
Planning Commission Minutes 7 /15/96
Description of Request
Applicant's 24' x 24' detached garage is to be located 18' from the street lot line. The doors
will face out onto street. Applicant advises this is the approximate location of former garage
that existed on the property. Staff has no information on size or location of access doors on
former garage.
The two story garage will be located approximately 2' to 3' from the west side lot line at
closest location at the northwest comer of structure. The Building Inspector has reviewed the
location of the garage on the west property and notes no need for special fire wall construction,
even with the 1' extension of overhang. Review Exhibits O and P, note garages on both sides
are located as close as 1' from both side lot lines of the property. Both garages have doors
facing away from street. The actual traveled road of Casco Point is 3-4' beyond the
north/street lot line of the property so there would be approximately 21-22' from the entrance
doors of the garage. There is approximately 12-14' separation from proposed south side of
garage to large mature tree in street yard. The structure could be moved another 2-3' to
provide a backout area in street yard. Staff is concerned because of the location of the access
to the property right at a curved section of Casco Point Road (refer to your plat map, Exhibit
C). Applicant has located the two mature trees that she wishes to save on her site plan,
Exhibit E. Note the access stair on the east side of the garage structure has not been located
and will impact the tree. As there is an internal access to the upper level storage area, the
access stair could be removed resulting in a reduction of 34.05 s.f. or 0.4% hardcover within
the 75-250' setback area where excesses are proposed.
The other phase of the improvement involves the grade level patio and an approximate 8' x 11'
second floor deck at the southwest corner of the residence. Note the property begins to narrow
as one moves to the north, the deck will require a side setback variance. The deck could be
located closer to average lakeshore setback line in order to meet the required 1 O' side yard
setback. The grade level patio extends 8' to the side lot line and would not require a variance
but does add to hardcover.
Zoning File #2179
October 9, 1996
Page 4
The proposed improvements result in a structural coverage excess of 103.3 s.f. or 0.7%. No
hardcover changes are proposed within the 0-75' and in the 75-250' there is a hardcover excess
proposed at 649.5 s.f. or 7.8%. 17.4% exists. Improvements result in an increase of some
15.4% hardcover.
Statement of Hardship
Please refer to Exhibit B, hardships are reviewed as follows:
Applicant notes there is no outdoor seating areas at lake side of residence, either at
grade or upper level of residence. The property does not have a garage. The pattern
of locating garages at substandard setbacks in street yards appears to be consistent with
surrounding properties and immediately adjacent properties. The existence of two
mature trees and plantings in yard. The garage is located in the approximate footprint
of a former garage.
Issues for Consideration
1. Staff has inspected the boathouse structure to determine structural stability as applicant
has asked to repair surface of deck on top of boathouse with exposed aggregate concrete
or brick. Staff can confirm that the boathouse is in excellent condition. The proposed
improvement would not involve variance approval as it would be similar to the structure
being re-roofed or painted.
The boathouse is an integral part of the access stair to the lake. Stairs are in good
condition. There is an old pump house at approximate 4' height that serves as a
retaining wall or structural support for the steep-sloped eroding lakeshore bank. There
are signs of severe erosion throughout the entire lakeshore bank. Staff recommends that
applicant consult with a landscape contractor to determine the best type of plantings,
although staff suspects the need for retaining walls. If this bank is to remain stabilized,
staff strongly recommends no removal of structure until applicant presents a future
improvement plan for the lakeshore bank.
2. As already noted, there is no need to grant a side setback variance for the upper level
deck at the southwest comer of the residence. The real issue is the intense hardcover
variance sought by applicant in the 75-250' setback area. What structures can be
reduced? Certainly the grade level patio can be reduced in area at 34' x 1 O' along the
front line and 8' x 11' or 12' along the west comer of the residence. As already noted,
if upper level deck is moved to the edge of the average lakeshore setback line, there
would be no need to extend a patio along that side. Grade level patio can be trimmed
back along the west side. Applicant's information has not specified the location of the
Zoning File #2179
October 9, 1996
Page 5
access stair from the upper level deck to the patio. The stairs could connect to grade
level patio in front of residence and still be located behind the average lakeshore
setback line.
3. The detached garage could be reduced in size. There is no need for the exterior
staircase as there is an internal staircase providing access to the upper level. In fact,
the exterior staircase will result in the loss of the tree in the northeast yard. Staff
recognizes that if garage is moved further south and a turnaround or backout apron
provided on property, this will result in an incre)!J.e in hardcover. But where matters
of safety are of concern such as in this case,(Yhe City recognizes the need for a
vanance.
Should the garage be relocated so that doors face away from road as with adjacent
properties? Garage could be moved closer to road along with access drive and backout
apron. This could result in further reduction in hardcover.
Members must be able to provide direction for applicant concerning reasonable reductions in
hardcover improvements. What is a reasonable level of hardcover improvements for this
property? Review the adjacent properties. Both have excesses over the allowed 25% in the
75-250' setback area. In fact , while you are reviewing the lakeshore/shoreline access stairs (0-
75'), review the property to the immediate east.
Applicant may consider some of the following recommendations of staff for reductions m
hardcover improvements:
A. Second floor deck could be reduced to 6' width resulting in a 22 s.f. reduction
in upper level deck or 0.26%.
B. Stairs and deck attached to garage at 34.05 s.f. or 0.4% can be eliminated easily.
C. The proposed garage with deck and stairs is 610.05 s.f. (576 s.f. + 34.05 s.f.)
or 7 .34%. If you eliminate the deck and stair, what further reductions can be
made in the garage? If structure is reduced to 24' x 22', the area of the garage
would be 528 s.f. resulting in a reduction of 48 s.f. or 0.57%.
D. Total grade level patio is 428 s.f. (348 s.f. + 88 s.f.) or 5.15%. The patio can
be reduced in size resulting in major reductions of hardcover.
E. The drive at 360 s.f. (18' x 20') can be slightly reduced if doors were not
divided but accessed via one door minimizing the 20' width of drive to possibly
18'.
Zoning File #2179
October 9, 1996
Page 6
F. What of the structural coverage excess of 103.3 s.f. or 0.7%? This will be
reduced if upper level deck of garage is eliminated and upper level deck of
house is reduced -reduction in the footprint of the garage will also reduce the
structural coverage.
Staff Recommendation
There is no valid reason to approve a side setback variance for additions to residence. The
side setback for the upper level deck must be denied. Hardcover improvements must be
reduced to a reasonable level. Staff will send this memo to the applicant and, hopefully, meet
with her prior to the meeting to discuss modifications and reductions in proposed
improvements.
lsv
CITY OF ORONO -VARIAN CE APPLICATION
Initial Application Fee $220.00
($5 0.00 per each additional variance)
Renewal Variance Fee $120.00
(no change from original application)
Variance for non-conforming structures $220.00
After-the-Fact Fees (Double application fee)
Application # __.6'--. ,__,_( ....... Z~Z--
Date Received f -~ (p -9 (:, V)
Amount Paid 1 S , e>O N
PROPERTY INFORMATION /) () ? /Ji
SiteAddress do'!! ~ !?{J-/d/c,ffzzd) .ftotl~, ,;J/;fl £09/
Property Identification Number (P.I.D.) _________________ _
Attach legal description to application if not included on required survey.
Date Property Acquired //) / tJS--(month/year)
I (do) o not) lso own the adjicent parcels of land.
Present use of property: ~residential __ other (specify) _________ _
Zoning District: __________________________ _
OWNER (if different than applicant)
Name
Phone (home) c/7/---tf'tJ 7 3
Phone(work) 37/-lt./O 0
0/ront) Zip: 5S:-37 /
Phone (home) _______ _
----------------Phone (work) _______ _
Address: ------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST /~d Construction Cost $ .$f 3/) -L./0 /C
Describe request in detail: -~=-=-.,,..f --F""-__ <....__,_;'Cztz!,"'-=_.__ ______________ _
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width /2ardcover __ Lot Coverage
L Setback : ✓ Fronyr:t~~--1-~ Side Rear Average Lakeshore
__ Other (specify) ________________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty _or ~': property conditions preventing
compliance with Zoning Code requirements (..,.=,/le.'--"-.,_(-"-'-ef!2&{__""'"-=---------------
(attach additional sheets if necessary)
7
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.
,,
.) .
4.
5 .
6.
7.
8.
Completed Application Form
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, 348-3271).
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.
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.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
List of the legal names (include marital status) of all persons with an interest in
the property. 1bis would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application . Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay 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.
/;1 r},,,---r' /
Applicant's Signature , i//J!f,t/4( / 1/XJ!I/' t?J Date ,1/Mk
L--Y ti /
OWNER'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.
u # 11 /l
Owner's Signature , // iff!' ___ 11~ Date ,~'£!~ /t,/ f' .
Applicant must have all subrnittals into the City 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.
8
------
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RUN DATE 06/18/96
BATCH 501
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 32 0010
02817 CASCO POINT RD
HESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0013
02811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
HAYZATA MN 55391
38 20-117-23 32 0016
02800 CASCO POINT RD
THOMAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
HAYZATA MN 55391
38 20-117-23 32 0020
02799 CASCO POINT RD
TODD J HIEILMANN
TODD J THEILMANN
2799 CASCO POINT RD
HAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 32 0011
02815 CASCO POINT RD
G & C SCANLON
GENE & CATHERINE SCANLON
2815 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0014
02807 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
02818 CASCO POINT RD
TAMMY L l'IOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
l'IAYZATA MN 55391
TOTAL BATCH 501 00010
REPORT NO. PI435401
38 20-117-23 32 0012
02813 CASCO POINT RD
J L STERN
J L STERN
2813 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0015
02805 CASCO POINT RD
ROGER H FROMMELT & HIFE
ROGER H FROMMELT
2805 CASCO PT RD
HAYZATA MN 55391
38 20-117-23 32 0019
02801 CASCO POINT RD
PAGE 1
'p J HAUSER & R MASON HAUSER
P J HAUSER & R MASON HAUSER
2801 CASCO POINT RD
l'IAYZATA MN 55391
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PR~~TY T~TION, TO THE BEST
OF MY KNOWLEDGE AND BELIEF. . ~
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HARDCOVE~LCULATION WORK.SHEET P
SETBACK ZONE: (CIRCLE ONE} ~ 75-250' 2$0-500 1 500-1000' ~
£XJSTING JlARDCQ."ER IN ZO~E
X ... A, Hou.111: -------
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ORONO HARDCOVER CALCUL~'ORKSHEET
SETilACK ZONE; (CIRCLE ONE) 0..75' ~ 250-500' 500-1000'
nliIJNS1 HARDCOVER IN 1'Qts£ ,..,..--·
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TOT AL HARI>CO VER lN ZONE
TOTAL PROPBRTY AR.EA IN ZON!:: -
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TOTAL HARDCOVER IN ZONE
TOTAL, PROPERTY AREA IN ZONE
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Certificate of Survey
for Leonard P. Bachkes
of Lot 121, Spring Park
Hennepin County, Minnesota
I hereby certify that this is a true and
correct representation of a survey of the
boundaries of Lot 121 in Spring~Park and
all the unplatted land, and that portion
of Lake Shore Avenue vacated lying between
lot 121 of Spring Park, and the side lines
of said lot projected to Lake Minnetonka,
according to the plat thereof on file or of
record in the office of the Register of
Deeds in and for said County,and of the loc
ation of all buildings thereon. It does
not purport to show other improvements or
encroachments.
GORDON R. COFFIN CO., INC.
Mark S. Gronberg Reg. No. 12755
Gordon R. Coffin Reg. No. 6064
Engineers and Land Surveyors
Long Lake, Minnesota
Scale: 1 inch= 40 feet
Date August 13, 1984
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JOB NO. 95220
OCT 15 '::JE; 12:47 FROM DOWNTOWN PONT JAG
October 15, 1996
TO: JEANNE MABUSTH
FROM: THERESA NORSTED
Dear-Jeanne:
F'AGE. [1[11
The person that draws the plans for my project is working on the revised
version. I 1 ll have it to you as soon as possible.
Below I have listed what I feel would be a compromise which I hope the~would
be no objections to.
1. Second level deck with deck below measuring 7 1 x10'. The deck will start
approximately 1½1 from bay wihdow to accomodate roof overhang of bay.
It will extend to edge of house 1 .
2. The deck below will be the same dimension as the 2nd floor deck with n~w
exit door from existing porch to deck. (Exit door from porch currently is
located on east end of porch with exit and steps toward lakeside setback line.)
I will remove concrete steps and replace with wood steps from lower level
deck extending the same distance as current concrete steps (3 1 611 ).and reposition
steps extending off 1st floor deck towards lakeside setback line.
3 ... There will be no steps or stairs from lower level to upper level deck
of house.
4. The side setback to the west does narrow from 1s 1 1m to 14 1 5" over the
46' side of the house or 44 inches over the 46 feet. With the porch not
even butting up to the bay window area, there should be no problem with a
7 1 wide porch encroaching the 10'setback line.
5. Please note that garage door of neighbor to east directly faces the
street. Neighbor to west has much: larger lot and is located directly on
the curve, so there would be no need to have doors facing street in their
situation. I am requesting to build a garage positioned in a similar
way to my neighbor to the east who has a comparable size lot and simi1 ar
access to street. I am also requesting that I be granted a variance for
side setbacks similar to both neighbors in so far as their garages are
positioned to mine~ Please correct the memo to reflect the accurate
information regarding garage .door placement of neighbor to east.·
(Currently states that both neighbors garage doors face away~· from street).
The survey with proposed improvements shows my sketch of porch & steps;
it may not be exactly to sca1e but the dimensions are listed above with
relation to setbacks etc.
OCT 15 '96 12:47 FROM DOWNTOWN PONT JAG F'ACiE. [1[12
I hope this will b e of some benefit . Thank . in accomp11shing our goal
you aga1n for your help! •
Theresa NorstEid
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OCT 16 '96 10:45 FROM DOWNTOWN PONT
C.H. CARPENTER/1 • .JICTORIA F-:.J: f.,12-44:5-2344 . v._1 1 ., ;;;;...-,1,..J•w-.... • '"....,.,1 ..-~_....,,,.,..,,....,. • -·•
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C.H. CRRPE~HERl\.)ICTORIA Fax :512-443-2344 P.01106
,
SEP 16 '96 1 4: 43
612 4°n 1 2344 PRGE. 001
MINUTES OF THE ORONO PLANNING COMMISSION
MEETING HELD ON JULY 15, 1996
(#5) #2149 THERESA NORSTED, 2811 CASCO POINT ROAD -VARIANCE -
PUBLIC HEARING 7:59-8:17 P.l\'I.
The Affidavit of Publication and Certificate of Mailing were noted.
The applicant was present.
Mabusth reported that the application requires a variance to the average lakeshore setback
for the construction of an enclosed screen porch to the lakeside of the property. The
porch would wrap around the house to a bay addition and be located 11' in front of the
average lakeshore setback line. No other variances would be required.
During the review of the application, the applicant detennined while speaking with
neighbors that her plans for a detached garage may be impacted by her current
imprpovement plan. The applicant asks for direction regarding the porch and the
possibility of a 20'x22', 2-stall, garage consisting of 440 s.f of hardcover. This would
require the application be tabled to allow filing an amended application to include a
garage. The property is allowed 573 s.f of additional structural coverage and 628 s.f in
the 75-250' zone. The applicant is asking the Commission what would be reasonable for
the property.
Peterson said, with the objection from the neighbors regarding any change to the average
lakeshore setback, no 3-season porch would be allowed if the applicant also desired a
garage. Peterson suggested the possibility of a deck instead of a porch. Lindquist
recommended staying within the average lakeshore setback. Peterson said the neighbor
would be able to see across a deck. Mabusth noted that there was only 1' in which to
work with before crossing the average lakeshore setback line. Construction at grade level
was suggested.
Norsted said the original screen porch was made into a room. She said she would like to
enjoy the lake and questioned whether a narrower porch with no wrap around was a
possibility. She questioned whether a garage is possible with the hardcover and asked
clarification on standards to determine if she should keep the property. She also
questioned whether a deck would have to be at grade level or if it could be located on the
second level.
Schroeder asked if the neighbor, Mr. Stern, received a variance for his remodel. It was
noted that he received a 9" variance from applicant's side lot line but was within the
average lakeshore setback. Stem and Norsted's lots are similar in size. The property on
the other side is larger. Mabusth noted that the garages on the adjoining properties were.
probably built in the 1950's with no record of building permits being issued, and they are
located less than l' from Norsted's property lines.
7
MINUTES OF THE ORONO PLANNING CO:MMISSION
MEETING HELD ON JULY 15, 1996
(#5 -#2149 Theresa Norsted -Continued)
Lindquist commented that he would be in favor of a second story deck if it did not
encroach into the average lakeshore setback.
Stem commented that he was strongly in favor of maintaining the average lakeshore
setback. He did not wish to see a second story deck which he felt would obstruct his
views. It was noted that trees would result in the same obstruction. Stem replied that
trees were within the rights of the applicant where a deck was not. Stern asked that the
Commission uphold the code.
Peterson said, although he usually voted against encroachment into the average lakeshore
setback, other members did not necessarily do so. Mabusth added that the City does listen
to the comments from neighbors.
Stoddard asked the Commission to give direction regarding the garage. Lindquist said he
would be in favor of a garage 'no nearer than 1-2' from the lot line which might require a
fire wall. Lindquist said a side setback variance would probably gain approval. Stoddard
said a registered survey should be conducted.
During public comments, Susie Swanson noted that there was a garage on the site in
recent times and questioned whether the felled garage could be grandfathered in. Peterson
said the Commission does feel a property owner is entitled to a garage in this climate and
,vould attempt to come to a resolve.
Stem said he had no problem with a garage, only \Vith obstruction of the views.
Peterson moved, Lindquist seconded, to table Application #2149. Vote: Ayes 6, Nays 0.
(#6) #2150 KENT AND SUSAN SWANSON, 3229B CASCO CffiCLE -
VARIANCES-PUBLIC HEARING 8:17-8:25 P.lVI.
The Affidavit of Publication and Certificate of Mailing were noted.
The applicants were present.
8
C.H. CARPE~!TER/t)ICT0RIR Fax :612-443-2344
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OCT 16 '86 10:45 FROM DOWNTOWN PONT
C.H. CAF:PENTER/1 • .JICTORIR Fa./ :512-44-:;-2344
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CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-0510
NOTICE
The Planning Commission will hold public
hearings· in the Council Chambers at 2780
·Kelley Parkway o·n Monday, October 21 ,
1996, the meeting commences at 7:00 p.m.,
· on the matter of reviewing the following land
, use applications:
I 1 . #2175 Frank and Susan Koubsky of 4784
North Shore Drive seek approval of a street
I setback variance , structural separation
setback variance and variance that would
I allow a detached garage to be placed in front
of the front line of the e_x isting residence .
2. #2176 Daniel S. Perkins of 55 Landmark
\ Drive has filed an annual renewal conditional
use permit and variance to allow the dredging
of approximately 200 cubic yards of spoils
from a designated wetlands where the code
would allow no land alterations .
3 . #2179 Th eresa Norsted of 2811 Casco
Point Road has filed an amended variance
application seeking approval of side and
street setback variances to allow construction
of a detached garage within the street yard of
the property and a hardcover variance within
the 75-250' setback area where a grade level ·
patio is proposed at the lake side of the
residence.
4 . #2180 Peggy and Frank Pichelman of
i 2920 Casco Point Road seek approval of
street setback , hardcover within the 75-250'
I setback area and lot coverage variances to
, permit construction of a 26' x 30' garage
addition to the street side of the residence
. and a 26' x 16' 2 1/2 story addition at the lake
side of the re&idence consisting of a family
room and upper level atrium area .
5. #2181 James Nystrom the owner of 1745
Concordia Street has filed a renewal variance
for lot area , hardcover with i n the 75 -250'
setb ack area, side and average lakeshore
setback variances to permit construction of a
new residence and the demolition of the
former residence .
6 . #2182 Herbert Terry OlsoC) of 3640
Bayside Road has !iled a conditional use
permit to permit construction of a new 26' x
27' garage on a through lot. In addition,
applicants seek approval of a street setback
variance and a setback variance that would
allow placement of the garage in front of the
front line of the principal structure located
adjacent to Bayside Road or County Road 84 .
7 . #2183 Charles "Buck" Kramer, the owner
of 2990 Somerset Lane , has filed a
cqnditional use permit to allow the dredging
of two ponds within protected wetlands . The
spoils from the fill will be placed on applicant's
homestead parcel and on adjacent properties
owned by applicant. .
8 . #2184 Brian Carrington , the owner of
1920 Sixth Avenue North, has filed a variance
application that would allow the conversion of
the existing res idence into a storage structure
that will be located in front of the front line of
the new residence to be constructed on
property.
9 . #2185 Richard and Mary Jo Kovacevich,
the owners of 1580 Bohn's Point Road, seek
approval of a hardcover variance within the
75'-250' setback area that would allow
construction of a single story addition to be
located at the lake side and northeast corner
of the residence .
All persons wishing to be heard will appear at
the meeting. Written comments are solicited .
Plans are available in the City Offices for
review, by appointment.
City of Orono
By : Planning Commission
Jeanne A. Mabusth
Building & Zoning Administrator
(Published in The Laker and Pioneer, Oct. 5 ,
1996) .
Affidavit 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 f lJll!f /u!l (j,/t@!iirtJ.
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for / successive weeks :
It was first published Monday,
the ,'J' -r;,, day of {fl;_&1/
and was thereafter printed and published every
Monday, to and including Monday,
Subscribed and sworn to me on this
By:
""''S TI ~wry p lie
t<. ',s ue -MINNESOTA
W., '-~ .. ,,. EXPIRES 1-31-l!OOO
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $12 .20 per inch.
(2) Maximum rate allowed by law for above matter: $12 .20.
(3) Rate actually charged for above matter: $7.00 per inch.
Each additional successive week: $5.05.
CITY of ORONO
TELECOPY COVER LETTER
Please deliver the following page(s) to:
Name:
,--,
From: '·-·<:-::~.t ~-il 1 (>
v
Total number oP pages
letter.
Date: I
including this cover
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS
POSSIBLE.
Phone: (612) 473-7358 and ask for:
Our telecopy number is: (612) 473-0510
Additional Message:
p
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Theresa Norsted
2811 Casco Point Road
Orono, MN 55391
TYPE OF APPLICATION:
DATE OF MEETING: 7/15/96
Variances
ZONING FILE #2149 S£p / B
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1996
COPIES TO:
VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Planning Commission recommended tabling of the application at applicant's request. Applicant has
advised that she wishes to amend the current proposal to include a detached garage within the street
yard of the property. There is an excess of some 628.6 s.f. of future hardcover improvements
available for the property (allowed= 2,077.5 s.f., existing= 1,448.9 s.f.).
Planning Commission members also advised that the proposed three season porch with upper level
deck was too intense or massive an improvement as majority of structure would encroach the
average lakeshore setback line. Applicant was encouraged to consider a grade level deck at lake
side.
Members also noted difficulty of locating a detached garage within street yard in light of setbacks
of existing garages at both east and west lot lines. To install a garage at a 30' street setback that
would meet the required side setbacks, would have a major impact on the street side screened porch
and require the removal of extensive plantings and grassed yard area. Members appeared receptive
to a side setback variance for garage.
As you were advised at the meeting, you will be required to file an amended variance application
and staff will prepare the legal notice for publishing in the official newspapers of the City.
You must file the amended variance application no later than July 26 (before noon) to ensure
scheduling before the Planning Commission at their August 19, 1996 meeting.
/ /
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CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
DAT A PRIVACY ADVISORY
Mailing Address:
P.O . Box 66
Crystal Bay, MN 55323-0066
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.
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Sec.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 days 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.
11
CERTIFICATE OF MAILING
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
CITY OF ORONO
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #2179 was mailed to the attached list
of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 3rd day of October, 1996.
Jamie Br
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)473-7357 Fax 473-0510
NOTICE
The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley
Parkway on Monday, October 21, 1996, the meeting commences at 7:00 p.m., on the matter of
reviewing the following land use applications:
1. #2175 Frank and Susan Koubsky of 4784 North Shore Drive seek approval of a street
setback variance, structural separation setback variance and variance that would allow a
detached garage to be placed in front of the front line of the existing residence.
2. #2176 Daniel S. Perkins of 55 Landmark Drive has filed an annual renewal conditional
use pern;iit and variance to allow the dredging of approximately 200 cubic yards of spoils
from a designated wetlands where the code would allow no land alterations.
3. #2179 Theresa N orsted of 2811 Casco Point Road has filed an amended variance
application seeking approval of side and street setback variances to allow construction of
a detached garage within the street yard of the property and a hardcover variance within
the 75-250' setback area where a grade level patio is proposed at the lake side of the
residence.
4. #2180 Peggy and Frank Pichelman of 2920 Casco Point Road seek approval of street
setback, hardcover within the 75-250' setback area and lot coverage variances to permit
construction of a 26'x30' garage addition to the street side of the residence and a 26'x16
2 1/2 story addition at the lake side of the residence consisting of a family room and upper
level atrium area.
5. #2181 James Nystrom the owner of 1745 Concordia Street has filed a renewal variance
for lot area, hardcover within the 75-250' setback area, side and average lakeshore setback
variances to permit construction of a new residence · and the demolition of the former
residence.
6. #2182 Herbert Terry Olson of 3640 Bayside Road has filed a conditional use permit to
permit construction of a new 26'x27' garage on a through lot. In addition, applicants seek
approval of a street setback variance and a setback variance that would allow placement
of the garage in front of the front line of the principal structure located adjacent to Bayside
Road or County Road 84.
7. #2183 Charles "Buck" Kramer, the owner of 2990 Somerset Lane, has filed a conditional
use permit to allow the dredging of two ponds within protected wetlands. The spoils from
the fill will be placed on applicant's homestead parcel and on adjacent properties owned
by applicant.
8. #2184 Brian Carrington, the owner of 1920 Sixth Avenue North, has filed a variance
application that would allow the conversion of the existing residence into a storage
structure that will be located in front of the front line of the new residence to be
constructed on property.
PLANNING COMMISSION MEETING -OCTOBER 21, 1996
9. #2185 Richard and Mary Jo Kovacevich, the owners of 1580 Bohn's Point Road, seek
approval of a hardcover variance within the 75'-250' setback area that would allow
construction of a single story addition to be located at the lake side and northeast corner
of the residence.
All persons wishing to be heard will appear at the meeting. Written comments are solicited.
Plans are available in the City Offices for review, by appointment.
City of Orono
By: Planning Commission //1 ,. .. ·c....,..: ; .· -j''/} / . ,
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_,?,:,-'-/ c. Je'anne A. Mabusth /.:.:7 ✓.--4.
Building & Zoning Administrator
To be published the week of October 7, 1996.