HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.0.Box66
Crystal Bay, MN 55323
473-7357
TO: Theresa Norsted
2811 Casco Point Road
Orono, MN 55391
ZONING FILE #2149
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: July 23, 1996
COPIES TO:
_________ , ______________________________ _
TYPE OF APPLICATION: Variances
DATE OF MEETING: 7/15/96 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.
ch
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\tl.
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 determined 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 l ' 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
enjo y 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 1' from Norsted's property lines.
7
MINUTES OF THE ORONO PLANNING COMMISSION
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. Stem 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
v10u!d attempt to come to a resolve.
Stem said he had no problem with a garage, only with 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 CIRCLE -
VARIA .. NCES-PUBL!C HEARING 8:17-8:25 P.:M.
The Affidavit of Publication and Certificate of Mailing were noted.
The applicants were present.
8
TO: Chair Peterson and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: July 9, 1996
SUBJECT: #2149 Theresa Norsted, 2811 Casco Point Road -Variance -Public Hearing
Zoning District: LR-1 C
Lot area= 13,747.5 s.f.
Application: Applicant proposes construction of a screen porch at the lake side of the residence and
a second level deck over major portions of the screen porch. The structure will be located 11' in
front of the average lakeshore setback line where no such encroachment is allowed by code. No
other variances are required. The following ordinances are pertinent for this review:
1. Section 10.03, Subd. 14(C)-Review of structural coverage.
Total lot area= 13,747.5 s.f.
Allowed = 2,062.2 s.f. or 15%
Existing= 1,488.9 s.f. or 10.8%
Proposed= 1,852.5 s.f. or 13.4%.
2. Section 10.22, Subd. l(B) -Average lakeshore setback variance.
Allowed= 0
Proposed = 11'
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.
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= 1,784.6 s.f. or 21.4% (363.6 s.f. of screen porch minus
27.9 s.f. of stoope4-area)
No variance required.
Zoning File #2149
July 10, 1996
Page2
List of Exhibits
A -Application
B -Applicant's Addendum Received 7/8/96
C-PlatMap
D -Property Owners List
E -Survey/Average Lakeshore Setback Line
F -Staff Sketch Location of Improvements
G -Hardcover Plan
Hl-2 -Hardcover Inventory
I -Staff Sketch of Building Envelopes for Detached Garage within Street Yard
J -Picture of Interior Screen Porch
Kl-2 -Surveys of 2813 Casco Point Road
L -Survey of 2807 Casco Point Road
M -First Floor Plan
N -Second Floor Plan
01-15 -Letter/Photos from Adjacent Property Owner (2813 Casco Pt. Rd.)
Description of Request
Review Exhibit E, applicant proposes a first level screen porch at the lake side of the residence that
will extend along the full 26.3' and wrap around at a 4' width to the existing bay addition. Refer to
Exhibit F, a second story deck is proposed over major portions of the first level screen porch. The
structure will be located 11' in front of the average lakeshore setback line. The application involves
no other variances. The neighbor to the immediate east at 2813 Casco Point Road has voiced
concern with the placement of the structure claiming it will impact his views from both side and lake
side windows of residence. Mr. Stem has submitted a letter with exhibits (Exhibit 0) for the
Planning Commission's consideration voicing objection to the proposed improvement.
Review Exhibit B, since submitting the application for the screen porch, applicant has been advised
of existing and allowed hardcover. Ms. Norsted is concerned that she will not have enough
hardcover remaining to allow construction of a detached garage within her street yard. The property
does not have a garage. Applicant's addendum notes the following issues:
1. In response to issue 1, what is a reasonable encroachment of the average lakeshore
setback for this property? Is there a view impact on the residence located at 2813
Casco Point Road? What views oflakeshore does the code protect? The views from
the lake side windows? Side windows or peripheral views? The code does not
specify. What is the intent of ordinance?
2. In answer to issue 2, if applicant receives approval of the variance application as
Zoning File #2149
July 10, 1996
Page 3
proposed or amended, there will be approximately 292.9 s.f. for garage and driveway.
A modest two stall garage at 20'x22' affords 440 s.f. of new hardcover. If garage is
approved with a 10' street setback ( doors facing away from street), drive will create
some 200 s.f.± additional hardcover and require the granting of an excessive side
setback variance due to the narrowness oflot at street side (42'). Review Exhibits K-
2 and L, note locations of garages at 2807 and 2813.
3. In response to issues 3 and 4, staff has reviewed the files for both 2807 and 2813
Casco Point Road. There is no record of variances or permits being issued for the
detached garages nor is there any record of a permit being issued for the play
structure located less than 10' from side lot line (2813 Casco Point Road). Review
Exhibit Kl, 2813 was granted a side setback variance of 6 inches for a major addition
at applicant's east side lot line.
Applicant may be best advised to table the current applicant and to weigh options and preferences
in regard to new improvements. Is a detached garage more important than a screen porch? Can
members provide guidelines to applicant in preparing an amended plan of improvement as follows:
A. Review Exhibits K2, Land 0, will members grant a side setback variance where
garages are located 1 '± from the side lot line? At the 1 O' setback garage doors must
face away from street and a backout apron provided on side. At a 30' setback a
garage would meet the required side and street setbacks but hardcover variances
within the 75-250' setback area would be required (440 s.f. garage minimum and 350
s.f. for driveway at a 30' setback, total hardcover 790 s.f.). What would Planning
Commission members prefer? Side setback variance with garage at 1 O' setback or
hardcover variance where structure would meet all required setbacks? What is the
impact on applicant's street yard (screen porch at rear).
B. Will members allow any further encroachment of average lakeshore setback line for
a reduced screen porch? --An open deck with no upper level deck?
C. What is Planning Commission's position on upper level deck where we are dealing
with an average lakeshore setback variance.
Planning Commission Action
If applicant wishes to proceed with application as proposed and as set forth in the legal notice,
Planning Commission members may act on plan as proposed or amended by Planning Commission.
If applicant wishes to amend the application to include a detached garage, staff must ask that the
current application be tabled and a new legal notice published with written notice to neighbors.
Applicant to provide amended site plan and hardcover facts.
ch
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $220.00
($50.00 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 # o(_J 1-/ '7
Date Received c'o /,..,o /9 .6
Amount Paid -~ ~2 0 .
PROPERTY INFORMATION -/) ·
SiteAddress df'I ( ~ /Joun/ K~ , Orzo-ntJ/Jl(// 2:>-S31/
Property Identification Number (P .I.D .) ;30 -11 l ~,3 3L ()013
Attach legal description to application if not included on required sutvey.
Date Property Acquired /0 /tJ'S-(month/year)
I (do) ~lso own th~jacent parcels of land.
Present use of property: L_residential __ other (specify) _________ _
Zoning District : _________________________ _
O~ER (if different than applicant)
Name
City:
Phone (home) (/Jf 90 7 d
Phone (work) 3-; / / l./0
Q cuo-v) /1111 .. l Zip: sS--3 q I
I
Phone (home) _______ _
----------------Phone (work) _______ _
Address : ------------City : ________ Zip: ___ _
DESCRIPTION OF REQUES
Lot Area
Setback: Front
__ Other (specify) _______________________ _
'f-_HARDSIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS .
Describe undue hardship or practical difficulty or unusual property conditions
compliance with Zonin Code requirements :.__.(.,Lf!,~...L/.UL,~e::....f4d~:!__-UGc::::~'I._.kZ..L.;....!...
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.
3.
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 8 ½" x 11" for reproduction.
Sketches or plans of J}s>9I & 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. This 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 vour
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 ,d correct to the best of ~is/her knowledge.
Applicant's Signature .. -v Date --''!f'-,L~~----''-----:::;:__ __
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.
Applicant must have all submittals 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
July 5, 1996 JUL 8 199R
Dear Jean:
I hope your 4th of July weekend was very enjoyable!
There are a couple of things I wanted to mention before the planning comm1s1on
viewed my property and made a decision regarding my proposed addition.
1) I have requested permission to build a screen porch that would extend 12 feet
from my existing structure with an open walk-out terrace above. If 12 feet is
not a permissable number, what would be (for example 11 feet, 10 feet, 9 feet, etc.)?
2) If I were to build a standard size 2 car garage, would there be enough percentage
of hardcover remaining to build the above mentioned porch/terrace? If so, how much?
3) Both neighbors on either side of my property have existing garages positioned
directly on the property lines. If I were to build a garage, how close to the
property line would I be allowed to build?
4) Is the play house/tree house next to John Sterne's garage and adjacent to
my property built and positioned according to current ordinances and setbacks?
My neighbor, John Sterne, is very concerned with everything I have considered
doing with respect to my home and property since before I even moved in. He was •
quite unhappy with a row of trees I planted between our properties (for privacy)
and is concerned they will interfere with his view through my property if I do
not keep them trimmed as they mature. Naturally, he has expressed his opposition
to my proposed screen porch.
I believe John Sterne should have purchased they property I now own when it was
for sale last fall if the view across and through my property is of such great
importance to him and to the perceived value of his own home and his view of the
lake. He may still have the opportunity!
Once again, thank you Jean. You have been a pleasure to work with. Please feel
free to call me at home or at work.
Theresa Norsted
2811 Casco Point Road
Orono, MN 55391
371-1400 Business
471-9073 Home
/tn
-
-..
RUN DATE 06/18/96
BATCH 501
PROP ADDR
OHNER NAME
TAXPAYER
NAME/ADDR .
.PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADD.R
OHNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
38 20-111-23· 32 0010
02817 CASCO POINT RD
HESLEY C BYRNE
HESLEY C BYRNE
2817 CASCO POINT.RD
HAYZATA 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 CASeo POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0020
0279-9 CASCO POINT RD
TODD J THEIL.MANN
TODD J THEILMANN
2799 CASCO POINT RD.
WAYZATA MN 55.391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OHNERS LIST
38 20-117-23 32 0011
02815 CASCO POiNT RD
G & C SCANLON
GENE & CATHERINE SCANL.ON
2815 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0014
02807 CASCO POINT RD
J M & PS BAILEY
.JOHN M & PATRICJ;A S BAILEY
2807 CASCO POINT RD .
WAYZATA MN 55391
38 20-117-23 32 0017
02818 CASCO POINT RD
TAMMY L HOODIS
TAMMY L WOODIS .
2818 CASCO POINT ROAD
HAYZATA MN' 55391
TOTAL BATCH 501 00010
REPORT NO. PI43540l
38 20-117-23 32 0012
02813 CASCO POINT RD
J L STERN
J L STERN
2813 CASCO POINT RD
WAYZATA MN 55391
38 20-11.7-23 32 0015
02805 CASCO POINT R~
ROGER H FROMMELT & WIFE
ROGER H FROMMELT
2805 CASCO .PT RD
WAYZATA MN 55391
38 20'"-117-23 32 0019
02801 CASCO POINT RD
PAGE l
'p J HAUSER & R MASON HAUSER
P J HAUSER & R MASON HAUSER
2801 CASCO POINT RD
HAYZATA 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 DE.PARTM.EN.T. OF. PRO~P R. TY TWTION, TO THE BEST OF MY KNOWLEDGE AND BELI.EF. . . . ·)
· DATEb·/9•~68Y .• ,4:~i:;-v---.
-~~---~
FRANK R. CARDARELLE
(612) 941-3031
•
Qttrttttcatt
IU
Survey For There~~ Nor~tea
2811 C~sco Point Road
Orono, Mn.
Scale:1 11 = 30'
O Denotes Iron Mon,, Found
Toti'll Lot Ar'-"a: 11,747.5 ~n-,ft.
House & Stoops: 1,170.9 i=:a.ft.
B.T. Drive: 120 ~CT.ft.
Lot in 75 ft. sAtbAck:5,417.5
Boat House: 160 ~a.ft.
Pump HOtlSP,: 75 f:(1'. ft.
St~pi; & Walk to L;,ikf.'!: 195 ~a. ft
.Jf 1_9)01
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ui~uty
lffl;.&.at&Ml#lbi& Wt.h!'.%C
Land Surveyor
Eden Prairie, MN 55344
CQUU
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. . . Lot 122 & v~c~t•d L~k~ Sbor~ Av•.Sprina P~rk
.1 het!!)by ciet1!fy that this I•• !mo Md eomicl rt,pro•er1tnti<>n of" •wvey of tt,~ boundrlee o! .. ·-----+·-· .. ~· _____ _ Subject to ?O foot Ro;,,id f>,r1r1°mf>nt. ------·-----------·· ·-:·----! .. i ---
-----------•----·· -· ·-~--···-· Hennopln County, Minmumte. encl fhn k~catior, ~_fftll h1i1d!ttgi\ th~~eory_,.,mtrn(8.ll,slbfi& (tnc:roa.chmen1$, If i,ny on 1ttld fanrl.
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/< e v, ~ -/ . Frank R'. Card are lie
State Reg. No. 6508
FRANK R. CARDARELLE
(612) 941-3031
SuNey For Thereso Norsted
2811 Casco Point Road
Orono, Mn.
\
Scale:l"= 10'
O Denotes Iron Hon. Found
LAKL
Land Surveyor
Eden Prairie, MN 55344
Book ___ Page ___ File sf'l:.Z/
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VAC"1T.ED
DJ<IVE
Lot 122 & V~cated_Lake
I h•reby corttty tht.t thla ii a tn.,o &nd corroct reipro1i•nta.Uon of• 1urvoy of tho boun0.1o• oft_ ------------------:;:::;=r-~---
Sub j ect to 20 foot Road easement HoMepln C0<1nty, Minneoola and lh<t loc.tUon of .n bulkllnga lher--
11 th May 96 -----~,"b-"b--b?A~,!==9 ~=::z_....:~""'::""-survovedbym•onlhl•, _____ dayot , 19 __ . r R. Cardarelle
State Reg. No. 6508
DEV ENG PA/CARDARELLE
FRANK R. CARDARELLE
(612) 941-3031
survey For There!l!a Norsted
941-3030
2811 Casco Point Road
Orono, Mn.
Scal.e:1 .. = 30'
O .Denote!!! :Iron Mon. Found
Totai Lot Area: 13,747.5 ~Q.ft.
House & Stoops; 1,328.9 ~a.ft.
B.T. nr~ve: 120 sq.ft.
Lot in 75 ft. eetback:5,437.5 sq.
Boat House: 160 so.ft.
Pump House: 25 scr.ft.
Steps & Wa1k t~ L~ke: 195 sq.ft. •
---
Jun 14 '96 07:37 P04
Land Surveyor
Eden Prairie, MN 55344
Book~-~-Page. ____ File £,e.:?:/
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re Ave.Spring Park
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=~.--.nn>uu::i-1• •ni;»rQ-t1Phmtt11•} Jf 11ny· gn ~a/6 la/"J1J,
Frank R. ardarelle
State Reg, No. 6508
Lctl IU 0Lll vuyu1 I-HANK H. CARUAHtLU.:
(612) 941-3031 Eden Prairie, MN 55344
Survey For 'l'here::.n Norsted
2811 Casco Point Road
Orono, Mn.
Scale:1"== 10'
O Denotes Iron Mon. Found
Book ___ Page ___ File .,Z4-.Z/
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Lot 122 & V~cated Lake
I hereby cor111)' Iha! lhla la a true &nd correct r•preHnlaUon nl a aurvoy ol lha bowulrtoa oll __________ _:_ ____ ---::;;;:;l!..-----s:;-j-----
SUb j ect to 20 foot Road easement Hennepin County. Minnooola &nd U,. loution of .JI building• lhot""n.
11th May .10 96 . ___ --_-;5.-.\q,...~4'..p~~=~~~~z.,...,:~ Surveyed by mo on lhia, _____ dayol, ______ _
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TO:
FROM:
PLANNING COMMISSION MEETING JULY 15, 1996
AGENDA ITEM #2149 -TERESA NORSTED
HOMEOWNER AT 2811 CASCO POINT ROAD
Jeanne Mabusth
Building and Zoning Administrator
City of Orono
P. 0. Box 66
Crystal Bay, MN 55323
Jon Stern
2813 Casco Point Road
Wayzata, MN 55391
Residence: 471-0854
Office: 926-7586
According to Section 10.56, Subdivision 6. which defines the "Average lakeshore
setback." "No principal or accessory structure shall be located closer to the lakeshore
than the average distance from the shoreline of existing residence buildings on
adjacent lots, except that this does not apply to stairways, lifts, landings, and
lockboxes. Further, the average lakeshore setback shall apply only to classifed lakes,
and shall not apply to tributaries. The average lakeshore setback line shall be a
straight line connecting the most lakeward protrusions of the residence buildings on
the immediately adjacent lakeshore lots." and Section 10.22, Subdivision 1. B. "No
principal or accessory structure shall be located within 75 feet of the lakeshore nor
closer to the lakeshore than the average distance from the shoreline of existing
residence buildings on adjacent lots (refer to Orono Manual of Design Standards and
Specifications) except that this does not apply to structure allowed in subsection A
above.
As shown on the applicants certificate of survey (Exhibit A) the end of the lake side
concrete stairs at the entrance to the current three season porch exclosure encroaches
the "average lakeshore setback" line as defined in Section 10.56, Subdivision 6. and
Section 10.22, Subdivision 1. B. by approximately two (2) feet on the lake side and is
approximately 4.5 feet wide. The entire proposed structure would add an additional
10 feet for a total encroachment of approximately 12 feet on the lake side and
approximately 30 feet in width as shown on the applicants certificate of survey
(Exhibit B) and redefined on the architectural drawings.
I feel that the foundation and purpose of Section 10.56, Subdivision 6. and Section
10.22, Subdivision 1. B. of the Orono City code is to protect and preserve the natural
contour of the lake setting and the lake views for all adjoining residents, including
both views straight out from the residence and peripheral views, which the
"average lakeshore setback" ordinances are specifically intended to protect.
As shown by the attached photos I currently have a very direct view of the lake
through the proposed encroachment area from several vantage points. This view is
further enhanced during the late fall, winter and early spring with the absense of
foliage. Also attached you will find a west elevation of my residence. I currently
have a very direct view of the lake from every window on this elevation. I took
some photos from inside my house looking out at the lake. The photos are
numbered according to the window they were taken out of. As you can see, the
views from the lower level dinette windows (#1-3) and the kitchen window (#4)
will be completely blocked by the lower portion of the enclosure. (The view from
kitchen window (#4) as with the rest of these views is more pronounced with the
absense of foilage).
My residence will be available for viewing after July 8, 1996. I 'v,muld strongly
encourage any members of the planning board to tour the inside of my residence. H
I am not home, please go next door to 2815 Casco Point Road and see
Gene Scanlon for access.
As shown in the photos below, I feel the proposed structure would definitely change
the natural contour for the "resident buildings on the immediately adjacent ·
lakeshore lots" including 2813 Casco Point Road and 2807 Casco Point Road. In
addition to potentially redefining average lakeshore se~backs to the east and west of
the subject. (The red pole in the pictures was placed exactly 12' straight out_ from the
southeast corner of 2811 Casco Point Road and is intended to represent the southeast
corner of the proposed structure).
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My residence lies on Lot 121 where the shoreline basically runs east/west. At Lot
123/124 the shoreline turns to a north/south direction. I therefore have lake views
from both the main and upper levels to the south and west.
As shown on the photos below, my residence was intentionally turned in a
southeasterly direction on the lot so as to maximize the view looking out the west
windows and deck at the lake . ·
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VIEW FROM DINETTE WINDOW #1
VIEW FROM DINETTE WINDOW #2
Note red pole -which represents southeast
corner of proposed structure.
Top of over-hang represents
roof/ floor of structure.
VIEW FROM DINETTE WINDOW #3
VIEW FROM KITCHEN WINDOW #4
VIEW FROM UPPER LEVEL WINDOW #5
(Note red pole in low left of picture again represents southeast
corner of structure. The proposed deck on top of enclosure will
extend out at the approximate level of existing gutter and will
require guardrails 36" minimum height with 6" maximum openings
which will obscure view on second level as well.)
The construction of the proposed structure would drastically obscure my lake side
view, thereby having a significant adverse effect on the resale and personal intrinsic
value of my property.
I therefore most respectfully request that the "average lakeshore setback" currently
defined by the "residence buildings on the immediately adjacent lakeshore lots" to
2811 Casco Point Road be maintained, and the application for approval of an average
lakeshore setbeck variance that would permit construction of the proposed structure
at the lakeside of the subject residence be denied.
Sincerely,
Jon Stern
2813 Casco Point Road
Wayzata, :MN 55391
DE'.J ENG P~VCARDAF-'.ELLE
FRANK R. CARDARELLE
-(612)941-3031 .
suivey For Th.-,re!ila Norested
Fa.x 941-3030
2811 Casco Po~nt Road
Orono. Mn.
Scele1ci"= 30 1
O Denotee l:ron Mon. Found
Total Lot Area: 13,747.5 ~a.ft.
House~ Stoops; 1,328.9 ~a.ft.
B.T. Dr~ve: 120 sq.ft.
Lot ~n 75 ft. setback:5,437.5 sq.
Boa 1: House: ·160 so. ft.
Pump House: 25 so.ft.
Steps & Wa1k t~ L~ke: i95 sq.£t. •
J,.m 14 '96 07 : 37 P04 0
Land Surve~
Eden Prairie, MN 55'344
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State Reg. No. 6508
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State Reg. No. 6508
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§ 10.56
'-')Average lakeshore setback. No principal
or accessory struc\~ef'shall be located closer to the lakeshore
than the average distance · from the shoreline of existing residence
buildings on adjacent lots, except that this does not apply to
stairways, lifts, landings, and lockboxes. Further, the average
lakeshore setback shall apply only to classified lakes, and shall
not apply to tributaries. The average lakeshore setback line shall
be a straight line connecting the most lakeward protrusions of the
residence buildings on the immediately adjacent lakeshore lots.
D. Minimum Lowest Floor Elevations. All
structures located within the Shoreland Overlay District which are
subject to the flood plain regulations of Section-10.55 of this
ordinance shall be placed at an elevation consistent with the
requirements of that section. The regulatory flood protection
elevation shall be established as set forth in Section 10.55, Subd.
7 of this code. All structures constructed within the Shoreland
Overlay District shall have their lowest floor, -including basement,
placed at an elevation no lower than the regulatory flood
protection elevation. Where the regulatory flood plain elevation
cannot reasonably be determined, the minimum elevation at which the
lowest floor, including basement, may be placed shall be determined
as follows: ·
1. For lakes, by placing the lowest floor at
a level at least 3 feet above the highest known water level, or 3
feet above the Ordinary High Water Level, whichever is higher.
2. For rivers and streams, by placing the
lowest floor at least 3 feet above the flood of record.
E. Water-oriented Accessory Structures. The only
water-oriented accessory structure allowed to be located nearer the
Ordinary High Water Level than the normal structure setback as
specified in this section shall be a lock box no greater than 20
square feet in area and no higher than 48 inches in height. Such a
structure requires a building permit from the City.
F. Stairways, Lifts and Landings. Stairways and
lifts are the preferred alternative to major topographic
alterations for achieving access up and down bluffs and steep
slopes to shore areas. Stairways, lifts and landings shall be
allowed in the shore setback zone and must meet the following
design requirements:
1. Stairways and lifts must not exceed 4 feet
in width.
2. Landings for stairways and lifts shall not
exceed 32 square feet in area.
3. Canopies or roofs are not al lowed on
stairways, lifts, or landings.
ORONO CC 376-12 (2-24-92)
§ 10.21
Subd. 5. Area, Height, Lot Width and Yard Requirements.
A. Height. No structure or building sha 11 exceed
2-1/2 stories or thirty feet in height except as provided in
Section 10.75.
B. Lots. The following minimum requirements shall
be observed:
Lot
Area
1/2 acre
Lot
Width
100 feet
Front
Yard
30 feet
Side
Yard
10 feet
Side Yard
Adjacent to
Street
15 feet
Rear
Yard
30 feet
SBC. 10.22. REGULATIONS FOR •LR-IA•, •tR-lA-1•, •tR-IB•,
·LR-1c• AND •tR-lc-1 • ORB FAMILY LAKESBORB RESIDENTIAL DISTRICT.
Within any "LR-lA", "LR-lA-l 11, "LR-lB", "LR-lC", or "LR-lC-1" One
Family Lakeshore Residential District the fol lowing regulations
shall apply:
Subd. 1. Lakeshore Set Back Regulations. The setback
from the shoreline for lakeshore lots:
A. Shall be 75 feet for all structures except
that on lakeshore lots divided by a major thoroughfare, a lock box
not in excess of 20 square feet in area and 48 inches in height is
allowed on the lakeshore portion of the lot and requires a building
permit from the City._, . ..,_""
{;).No principal or accessory structure shall
be located within,~-feet of the lake shore nor closer to the
lakeshore than the average distance from the shoreline of existing
residence buildings on adjacent lots (refer to Orono Manual of
Design Standards and Specifications} except that this does not
apply to structure allowed in subsection A above.
Subd. 2. Lakeshore Hardcover and Land Alteration
Regulations. Within 75 feet of shoreline there shall be no
excavating, filling, hardcover, temporary or permanent structures
except as permitted under Subdivision 1 of this section. Within 75
to 250 feet of the shoreline there shall be no greater than 25%
hardcover. Within 250 feet to 500 feet of the shoreline there
shall be no greater than 30% hardcover. Within 500 feet to 1,000
feet of the shoreline there shall be no greater than 35% hardcover.
ORONO CC 283 (4-1-84}
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 #2149, was mailed to the attached
list of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 28th day of June, 1996.
Jamie /5<D sma
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, July 15, 1996, the meeting commences at 7:00 p.m., on the matter of
reviewing the following land use applications:
1. #2131 Larry W. Karkela of 4149 Highwood Road seeks approval of after-the-fact
variances for construction of an upper level deck at the lake side of the residence. The
deck encroaches the average lakeshore setback line and is located within the 75-250'
setback area where hardcover excesses exist.
2. #2148 Wayne M. Holmes and Jackie Dahl, the owners of 1390 Park Drive, seek approval
of a lot area variance that would allow construction of a new residence on the property.
The existing residence will be demolished and a new residence constructed that will meet
all required setbacks.
3. #2149 Theresa Norsted of 2811 Casco Point Road seeks approval of an average lakeshore
setback variance that would permit construction of a screen porch at the lake side of the
residence.
4. #2150 Kent and Susan Swanson, the owners of 3229B Casco Circle, have applied for
variances that would permit an expansion of a dining area at the lake side of the residence.
The addition will require an average lakeshore setback, lakeshore setback and hardcover
variances.
5. #2151 John and Janice Hurd, the owners of 2795 Casco Point Road, seek approval of an
average lakeshore setback and hardcover variance within the 75-250' setback area to
permit construction of a new residence. The existing residence will be demolished prior
to construction of the new residence.
6. #2153 Ben Young, the owner of 3105 6th Avenue North, seeks approval of a variance that
would allow the installation of an accessory structure to be placed in front of the
front/street lot line of the existing residence.
All persons wishing to be heard will appear at this meeting. Written comments are solicited.
Plans are available in the City Offices for review, by appointment.
City of Orono
. By: Planning Commission
eanne A. Mabusth '-
Building & Zoning Administrator
To be published the week of July 1, 1996.
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612) 473-7357 Fax 473-0510
~
Ttie Planning Commission will hold ·public
hearings in the Council Chambers at 2780
Kelley Parl<way on Monday, July 15, 1996 , the
meeting commences at 7 :00 p.m ., on the
matter of reviewing the following land use
applications:
1. #2131 Larry W. Karkela of 4149 Highwood
Road seeks approval of after-the-fact
variances for construction of an upper level
deck at the lake side of the residence . The
deck encroaches the average lakeshore
setback line and is located within the 75-250'
setback area where hardcover excesses
exist.
2. #2148 Wayne M. Holmes and Jackie Dahl ,
the owners of .1390 Park Drive, seek approval
of a lot area variance that would allow
construction of a new residence on. the
property. The existing residence will be
demolished and a new residence constructed
that will meet all required setbacks.
3 . #2149 Theresa Norsted of 2811 Casco
Point Road seeks approval of an average
lakeshore setback variance that would permit
construction of a screen porch at the lake
side of the residence .
4 . #2150 Kent and Susan Swanson, the ·
:owners of 32298 Casco Circle, have applied
for variances that would permit an expansion
of a dining area at the lake side of the
· residence . The addition will require · an
average lakeshore setback , lakeshore
setback and hardcover variances.
5. #2151 John and Janice Hurd, the owners
of 2795 Casco Point Road, seek approval of
-an average lakeshore setback and hardcover
•.variance within the 75-250' setback area to
permit constrU(;:tion of a new residence . The
.existing residence will be demolished prior to
construction of the new residence .
6 .. #2153 Ben Young , the owner of 3105 6th
,Avenue North , seeks approval ofa variance
"that would allow the installation of an
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:
·accessory structure to be placed in Iron) 91
the_ front/street lot line of the existing _ A.) The newspaper has complied with all the
· residence. ··
requirements constituting qualifications as a
,All persons wishing to be heard will appear ·at ·
this meeting. Written comments are solicited. qualified newspaper, as provided by Minnesota
.Plans are available in the City Offices for
;review, by appointment. Statute 331 A.02, 331 A.07, and other applicable
City of Orono
:sy : Planning Commission
·Jeanne A. Mabusth
:Building & Zoning Administrator
laws, as amended.
I / _/ .. /
: B.) The printed /i(/J;(/! ii.:1 1 rfic1i(/uC,1L
(Published in The Laker and Pioneer June 29,
1996) .. ---------------------
which is attached was cut from the columns of said
newspaper, and 1as printed and published once
each week for ___ successive weeks:
It was first published M9rday,
the J.17/1. day of ii !L/'.11i
and was thereafter pr ted and published every
Monday, to and including Monday,
the __ dayof .
0
£ __ ;
~~gent
Subscribed and sworn to me on this
By:
KRISTI HOLM
NOTARY PU6LIC-WNESOTA
MYCOMM.EXPIAES1~1-2000
e n r a
(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 .
d13/6
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CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA 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.
7/2eJJJV0, tin& fl/~c/
First Middle r Last //
Jf( ll "UUUt> hz:M f'm cl
Address
0116/l?J n1N , 5539/ L/7/t:/t)/3
City State Zip Phone
I understsIDd my rights as stated
c/;:~;S
Telephone (6U) 473-7357 • FAX 473-0510
10
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