HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
952-249-4600
TO: Wesley Byrne
2817 Casco Point Road
Wayzata, MN 55391
ZONING FILE #02-2753
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: March 21, 2003
COPIES:
TYPE OF APPLICATION: Variance (Affirmation)
DATE OF MEETING: 2/10/02 VOTE: 5 FOR O AGAINST
Motion: Adopt Resolution No. 4924 reaffirming the original approval to allow construction per
the approved site plan.
An original copy of the Resolution is attached for your files.
If you desire certified copies of the official Council minutes, they are available from the
City Clerk after review and approval by the City Council.
ORONO CITY COUNCIL MEETING
MONDAY, MARCH 11, 2002
*4. #02-2748 Richard Marzan, 2_795 Pheasant Road-. Variances-Resolution
No. 4767
/ ... ~ \ ;
Sansevere moved, and White seconded, to adopt Resolution No. 4767 granting
variances to Municipal Zoning Code Section 10.22, Sub.divisions l(B) and Section
10.56, Subdivision 16(E)(F) to allow a 216 s.f. deck.and lock box by the lakeshore
where a deck of 32 s.f. in area is allowed. • · · , ·
Vote: Ayes 4, Nays 0.
· *5. 02-2753 Wesley Byrne, 2817 Casco Point Road-Variances-Resolution
No. 4768
Sansevere moved, and White s·eco_nded, to adopt Resolution No. 4768 granting a
variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56,
Subdivision 16(L)2 to permit 3,564 s.f. (31.3%) hardcover in the 75-250' lakeshore
setback where 4,~55 s.f. (36.5%) exists and 2,873 s.f. (25%) is allowed, to permit
additions to the existing house.
Vote: Ayes 4, Nays · 0 ..
6. #02-2755 Long Lake Fire Station-City of Orono, 340 Willow Drive North
Class III Subdivision, Variance and Conditional Use Permit
Resolutions No. 4769, 4770, 4771
Gaffron stated there were three separate resolutions on the memo, A: Preliminary :Plat
Approval, B: Variance Approval, -and C: l)enying the CUP. There was a blank left in
Resolution A for the name of the new road. He stated the new road does not line up with
any existing Long Lake or. Orono road, hence a new road name is needed.
White suggested Fire Service Road. Sansevere asked if there was a deceased resident who
should be honored with a road named· after him or her. Gaffron suggested Fire House
Lane. Sansevere suggested Fire Fighter Lane. ,The Council decided to leave the blank so
that they would have more time to consider names.
Maypr Peterson .moved, and White ·s~conded, to adopt Resolution No. 4769 granting
·preliminary approval of a subdivisiori .foi: property located at 340 Willow Drive ·
North.
Vote: Ayes 4, Nays 0.
White asked if they had not waived the park dedication fee for the fire station, what would
they be charging for fees . Gaffron replied that he had not calculated a figure. Since the
fire fighters will not use the parks as a resident or commercial employee would, charging
the fee was not viewed as appropriate-the fire fighters are not expected to impact the
parks at all. ·
3
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Complete Date:
60 Day Deadline:
1/23/02
3/20/02
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Paul Weinberger
Title Zoning Administrator
Item Description: #02-2753 Wesley Byrne
2817 Casco Point Road
Variances
DATE: February 28, 2002
ITEM NO.:
Agenda Section:
Zoning
Zoning District: LR-IC -Single Family Lakeshore Residential District
List of Exhibits
A Resolution
B Survey
C Planning Report
Application
Property owners have revised their variance request based on recommendations from the Planning
Commission. The revised request is to allow hardcover in the 75-250' lakeshore setback to permit
additions and remodeling to the existing house. There are two proposed additions to the house. The
first would replace an existing attached garage with a 32' X 35' two story addition. The second
addition would be a 20' X 30' attached garage with future living space located above the garage.
The property owners only intend to keep the existing house and foundation. The open porch, garage,
and deck are being removed to make room for the new additions.
75-250 Lot Area= 11,375 s.f.
Existing Hardcover= 4,155 s.f. (36.5%)
Proposed Hardcover= 3,564 s.f. (31.3%)
Allowed Hardcover = 2,844 s.f. (25%)
As a result of the proposed plan the total hardcover on the property would be reduced. There is
currently a large driveway and parking area on the property that would be reduced in size. The total
hardcover is still over the 25% limitation in the 75-250' lakeshore setback requiring the variance.
Planning Commission Recommendation
On February 19, 2002 the Planning Commission reviewed the application and recommended
approval by a vote of 6 to 0. The recommendation was based on the following comments and
conditions. The granting of a variance to hardcover in the 75-250' setback was approved with the
understanding the hardcover in that area will be reduced from what currently exists; and subject to
#02-2753 Wesley Byrne
2817 Casco Point Road
Pa e 2 of2
the condition that if the existing foundation needs to be replaced or repaired in any substantial
manner that the variance granted will be revoked and a new revised application shall be resubmitted ·
for additional review; and 10' side setback shall be required and total lot coverage by structure not
exceed 15%.
Applicants have submitted a revised plan based on the recommendations of the Planning
Commission, and no longer require variances to side setback or lot coverage.
Staff Recommendation
Staff recommends the attached resolution be adopted approving a variance to hardcover in the 75-
250' setback based on the revised plan dated 2-21-02, by Mark S. Gronberg, Gronberg and
Associates. A copy of the site plan is attached to the resolution as Exhibit B.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2; SECTION 10.56,
SUBDIVISION 16 (L) 2
FILE NO. 02-2753
WHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are
owners of the property located at 2817 Casco Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Attached "Exhibit A", Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied for variances, to Municipal Zoning Code
Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) 2 to permit 3,564 s.f (31.3%)
hardcover in the 75-250' lakeshore setback where 4,155 s.f. (36.5%) exists and 2,873 s.f. (25%) is
allowed, to permit additions to the existing house; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2002, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2753.
2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning
District where ½ acre is the minimum lot size and 100 feet is the minimum lot width.
3. The Planning Commission reviewed the application for variances and recommended
approval by a vote of 6 to O based on the following findings and hardships:
Page 1 of 7
A. Planning Commission finds that a lot width and lot area variance is not
required since the existing house walls and foundation will be used, without
structural repairs. If the walls or foundation are found to require structure
repair or replacement the property would require an application for additional
variances to lot area and lot width.
B. The Planning Commission recommended the total lot coverage by structure
shall not exceed 15%.
C. The proposed additions do not require variances for location or size.
D. There is a large driveway and parking area on the property that would be
reduced in size. The total hardcover in the 75-250' setback would be reduced
by 591 s.f.
E. The existing house is located 72' from the street property line requiring a
longer driveway to serve the property. An existing garage is being removed
to allow for construction of a new garage.
F. Applicants have requested to add to the existing house rather than build a
new structure on the property. Owners have stated the existing foundation
and building will not be removed or altered as part of the remodeling plan.
4. The City Council finds that the conditions existing on this property are peculiar to it
and do not apply generally to other property in this zoning district; that granting the
variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a convenience to
the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
Page 2 of7
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16
(L) 2 to permit 3,564 s.f. (31.3%) hardcover in the 75-250' lakeshore setback where 4,155 s.f.
(36.5%) exists and 2,873 s.f. (25%) is allowed, to permit additions to the existing house subject to
the following conditions:
1. The existing shed and all hardcover proposed for removal shall be completed prior to
a final inspection.
2. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is
properly directed.
3. The property shall be developed in conformance with the site plan attached as Exhibit
B.
4. If it is determined the existing foundation is required to be replaced or repaired all
variances approvals shall be revoked by the City of Orono and a new variance
application shall be submitted by the applicants.
5. Authorities granted by the variances run with the property not with the applicants, but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval, or these variances will expire on that date
(March 11, 2003).
6. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the Chain of Title of the property.
Page 3 of7
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 11th day of March, 2002.
ATTEST:
Linda S. Vee, City Clerk
Applicants
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this 11th day of March, 2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this ____ day of
________ , 200 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of7
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this __ day of ______ , 20_,
_ personally appeared before me,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation _______ _, a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
On this __ day of ______ , 20_,
_ personally appeared before me,
__ who is personally known to me
__ whose identity I proved on the basis of
__ whose identity I proved on the oath/affirmation _______ _, a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
Page 5 of7
LEGAL DESCRIPTION OF PREMISES
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Par. 1. Al I that part of Lot 120 in Spring Park and al I that unplatted
land and that portion of Lake Shore Avenue vacated; lying between Lot
120 of Spring Park, and the side I inesvof '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 Hennepin County, which
lies Southeasterly of a I ine running parallel with and 5 feet distant North
westerly from the Southeasterly line of said Lot, an_d the extension thereof.
Par. 2. Lot 119,· Spring ·Park; including that part of Lake Shore Avenue vacated,
and that part of the land between s~id vacated aventie and the shore of Lake
Minnetonka lying.between thte side I ines of said Lot 119 extended to the shore
of Lake Minnetonka, according to the recorded plat thereof.
Page 6 of7
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TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator
DATE:
SUBJECT:
February 14, 2002
#02-2753 Wesley Byrne
2817 Casco Point Road
Variances -Public Hearing
Zoning District: LR-1 C, One Family Lakeshore Residential District (½ acre)
List of Exhibits:
A Application
B Plat Map
C Survey/Existing Property Conditions
D Survey/Proposed Property Conditions
E Elevation Views
F Main Level Floor Plan
G Hardcover Calculation Worksheets
H Property Owners Notification List
Application Summary
Property owners have requested variances to permit additions and remodeling to the existing house.
There are two proposed additions to the house. The first would replace an existing attached garage
with a 32' X 35' two story addition. The second addition would be a 20' X 30' attached garage with
future living space located above the garage.
The property owners only intend to keep the existing house and foundation. The open porch, garage,
and deck are being removed to make room for the new additions.
Pertinent OrdinancesN ariances requested
1. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2). Total proposed
hardcover exceeds allowed hardcover by 813 s.f.
75-250LotArea= 11,375 s.f.
Existing Hardcover= 4,155 s.f. (36.5%)
Proposed Hardcover= 3,657 s.f. (32.1 %)
Allowed Hardcover = 2,844 s.f. (25%)
As a result of the proposed plan the total hardcover on the property would be reduced.
There is currently a large driveway and parking area on the property that would be reduced
in size. The total hardcover is still over the 25% limitation in the 75-250' lakeshore setback
requiring the variance.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page I of4
13 -
Other hardcover removals include reducing the size of the lakeside deck, removal of a shed
located near the street, an open porch on the streetside of the house would be removed for
the garage addition, and a sidewalk and wood planter box would be removed from the west
side. of the property.
2. Section 10.24, Subdivision 5 (B). To permit a 9.7' side setback for the residential addition
located at the northeast comer of the new house.
The property lines are slightly narrower by the street than at the lakeshore. This situation
caused the corner of the house to encroach into the required setback. It was not until after
the house was designed and drawn on the survey that the encroachment was discovered.
3. Section 10.03, Subdivision 14 (C). The proposed lot coverage by structure is 2,612 s.f.
(15.6%). The Zoning Code permits up to 15% of the lot area to be used for structure on the
property. The total lot area is 16,750 s.f., which allows a total of 2,513 s.f. (15%) of lot
coverage by structure on the property.
Lot coverage by structure ordinances were adopted to preserve space between buildings and
regulate the massing of structures. Additional structure also contributes towards additional
hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to
infiltrate into the ground.
Sta.ff had requested Gronberg and Associates, surveyor/engineer, to reverify their final
calculations to determine the actual size of the proposed house. The total structure was
confirmed to be 2,612 s.f which is 99 s.f more structure than the property is allowed.
Statement of Hardship
Applicant has included a hardship statement that is included as part of Exhibit A. To summarize the
hardship the property owners state they are expanding the house to be comparable to other houses
in the neighborhood, and they are adding to the existing house closer to lake rather than towards the
street to protect an 80 year old oak tree.
Site Drainage
Staff received the final site grading and drainage plans on February 14th and have not had an
opportunity to complete review as of the date of this memo. Any recommendation of approval shall
require additional City Staff review of the plans prior to any Council action.
#02-2753 Wesley Byrne
2817 Casco Point Road
February I 9, 2002
Page 2 of 4
PLANNING COMMISSION OPTIONS FOR ACTION
I . Approve variances noted above
2. Table
3. Deny, stating reasons
4. Other Action
Staff Recommendation
Staff has recommended the applicants reduce the size of the house to not encroach into the side yard
setbacks. Staff also recommends the additions be reduced in size to not exceed 15% lot coverage
by structure. Staffs opinion is the hardship statement does not support a structural lot coverage
variance and a side setback encroachment.
As noted above, the City looks at what is best for the long term plan for the City. When ordinances
were adopted for structural lot coverage the City adopted this to limit the amount of development
in neighborhoods, and create space between buildings. Additional structure also contributes towards
additional hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to infiltrate into
the ground.
Property owners and Planning Commission may want to consider additional hardcover removals on
the property, notably the 0-75' lake setback zone.
A review of the final grading and drainage plan will determine if the lot can accommodate the
proposed additions. A copy of the plan has been forwarded to the City Engineer for comment.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 3 of4
Lot Area:
LR-IC
Required
Actual
Structural Coverage:
Total Lot Size
16,750 s.f.
Hardcover Calculation:
Distance from
shoreline
0-75'
75-250'
250-500'
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 4 of 4
Total area
in setback
4,875 s.f.
11,375 s.f.
500 s.f.
AN AL YSIS WORKSHEET
Lot Area
½ acre
16,750 s.f. (0.77 acre)
Total Structural Coverage
Allowed: 2,512 s.f. (15%)
Existing: 2,044 s.f. (12.2%)
Proposed: 2,612 s.f. (15.6%)
Allowed Existing Proposed
hardcover hardcover hardcover
0 s.f. 462 s.f. (9.4%) 462 (9.4%)
2,843 s.f. (25%) 4,155 s.f. (36.5%) 3,657 s.f. (32.1%)
150 s.f. (30%) 138 s.f. (27.6%) 119 s.f. (23.8%)
CITY OF ORONO -VARIAN CE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00 ·
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION -
Site Address ) 'i I 7 Casco f> o ~,if J?oa /
Application# OcJ -;J153
Date Received /,.. d-3-0:;L
Amount Paid 4?-60 · 0-9
Property Identification Number (P.I.D.). __________________ _
Attach legal description to application if not included on required survey.
Date P~~Acquired __ -=G_,/._ ..... {_,_/ ___ · ___________ (month/year)
I (do) ~ also own the adjacent parcels of land.
Present use of property: __0esidential __ other (specify) _________ _
Zoning District: ·
Phone (hon::ie) f S)-1/7/--7'173
Phone (work) 1s-.l -t? I -oo I 7
City: lJa 7 :z.a fu (o,-os..o) Zip: s-s-Jr I
O\VNER (if different than applicant) Phone (home). _______ _ c1:.:ss:_____________ City: Phone (work) Zip: ___ _
A
,DESCRIPTION OF REQUEST Estimated Construction Cost$ ) oo C>oo
°I)escribe request in detail: 0e. Vt-fv.e.:.t a v.u:::,·o""ce.-,'1,, ft.. )...s-%, ia.,..-lc.o\,-.:.,c ln-,-~f.;1:J:--. (~w
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VARIANCES RFQUIRED l'e.s.i.:lf •"-/i...t)y-,:... koril.c.ov-t;,, ~"" M,.r~ 1 ~ C..c.,.(r >J-\7,
Lot Area Lot Width X Hardcover __ Lot Coverage
{,-~~.:.-~) __ Setback: Front Side
1::;so st
\b~_c._K Average Lakeshore
·-:,s,.1 '-' .. \,,
~.;;.. q __ Other (specify) _______________________ _
~~SIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
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HARDCOVER CALCULATION WORKSHEET /-el/. /-Z£1-oz
SETBACK ZONE: (CffiCLE ONE) ~ 75-250' . 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A House X = S.F.
Length Width
I S.F. X =
X = S.F.
. X = S.F .
B. Garage X = S.F.
· c:. Driveway X = S.F.
X = S.F:
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck /JArl~ X = 26'1 S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric fT(:"/'J" l'I) r "J /S2..
G. Other t(,1/(..(,, J X = 'i9 S.F.
TOTAL HARDCOVER IN ZONE Y62. S.F. A
TOTAL PROPER Fr AREA IN ZONE t./J>7S S.F. B
A .,. B X 100 = :l 't8 %
PROPOSED HARDCOVER IN ZONE.
A House X = S.F.
Length Width
X = S.F.
X = S.F.
X = ... --s.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk
.J' A /11. f' Al' A 6411€
X = S.F.
X = · S.F.
E. Patio/Deck X = S.F.
X = S.F ..
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A .,. B X 100 = %
t,(/("J /)'t~M€ /o--:t-oo
HARDCOVER CALCUL~I~N WORKSHEET rev I-Z8•02.
SETBACK ZONE: (CffiCLE ONE) 0-75' jsjso'::) 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A House X = /..SZI S.F.
Length Width
X = S.F.
X = S.F.
,l?P!! tJ-1 X = Z ':f.5 S.F.
Sl./~tJ 69' B. Garage X = S.F.
· c:. Driveway X = L '1..l 3 S.F.
X = S.F:
D. Sidewalk (J--!-71 X = LJ. y S.F.
X = S.F.
E. Patio/Deck ~~(K. X = 2t>? S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other WAU.J' X = 'i'I S.F.
TOTAL HARDCOVER IN ZONE ~lS5 S.F. A
TOTAL PROPERTY AREA IN ZONE /t_, 1.2s S.F. B
A .. + B X 100 = Jc.s-3 %
PROPOSED HARDCOVER IN ZONE.
A. House X = . z.~01 S.F.
Length Width
X = S.F.
X = S.F.
X = ..... "'S.F.
B. Garage X = S.F.
C. Driveway X = 104-S S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = l l I S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE 36S] S.F. A
TOTAL PROPERTY AREA IN ZONE ti, 37S-S.F. B
A ..,.. B X 100 = 32,/i %
W~f /l 'r~/../£ /JP-(-oe;
HARDCOVER CALCULATION WORKSHEET
. SETBACK ZONE: (CffiCLE ONE) 0-75' 75-250' G§o-soo:, 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
/ X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
· c:. Driveway X = 1..28 S.F.
X = S.F:
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other WALL X ·= /0 S.F.
TOTAL HARDCOVER IN ZONE 1]8 S.F. A
TOTAL PROPERTY AREA IN ZONE StJO S.F. B
A. + B X 100 = z ?. ~o %
PROPOSED HARDCOVER IN ZONE.
A. House ·x = S.F.
Length Width
X = S.F.
X = S.F.
X = '"S.F.
B. Garage X = S.F.
Driveway 102 REVISE!
C. X = ~:;:-PRl\[CV'/r X =
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X . -S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other U/A l.,l X = /0 S.F.
TOTAL HARDCOVER IN ZONE I ( <J S.F. A
TOTAL PROPERTY AREA IN ZONE soo S.F. B
A + B X 100 = Z.2.,8 %
RUN DATE 01/18/02
BATCH 505
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 12
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER'NAME
TAXPAYER
NAME/ADDR
PROPADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 32 D006
D2824 CASCO POINT RD
MARKE & PATRICIA A THOMPSON
MARKE & PATRICIA A THOMPSON
2824 CASCO POINT RD
WAYZATA MN 55391
38 2D-117-23 32 D0D9
02821 CASCO POINT RD
RE DEMSHAR & MM DEMSHAR
RONALD & MARGARET DEMSHAR
2821 CASCO POINT RD
WAYZATA MN 55391
38 2D-117-23 32 D012
02813 CASCO POINT RD
J L STERN
J L STERN
2813 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0016
0280D CASCO POINT RD
THOMAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
WAYZATA MN 55391
H/:~;>.:lJ r~::~:'·~·-=·,.:: :? ,· I I ~'t;~
N::w:l~J:~~11 ~~::: ' '.:',~:; I fl v~-•'.•
';.·'11 . '.'.-~ :\)
\,1. ,• .. \,; "~•· ''-~~1::-;-~Y
38 ·20-117-23 32 D0D7
02829 CASCO POINT RD.
BE PETERSON & MP PETERSON
BRYCE E PETERSON AND
MARY PAT PETERSON
2829 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 D01D
D2817 CASCO POINT RD
WESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0013
D2811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0017
02818 CASCO POINT RD
TAMMY L WOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0008
D2825 CASCO POINT RD
'DAVID J YORKS & WIFE
DAVID J YORKS
2825 CASCO POINT ROAD
WAYZATA MN 55391
38 2D-117-23 32 0011
·D2815 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
TOTAL BATCH 505 00D11
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 PROPERTY TAXATION, TO THE.,-,BEST
OF MY KNOWLEDGE AND BELIEF, .
DATE/-22-oZB
~~0-ul:~s ::/it
JJ . l~
CITY OF ORONO
P.O. Box 66
ZONING FILE #02-2753
Crystal Bay, MN 55323
NOTICE OF PLANNING COMMISSION
ACTION
PHONE:(952) 249-4600 FAX:(952) 249-4616 DATE OF NOTICE: March 4, 2002
TO: Wesley Byrne
2817 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: X Variances
Conditional Use Permit
Subdivision
Other
DATE OF MEETING: February 19, 2002 VOTE: 6 FOR
Planning Commission recommends the following:
__ Approval as submitted
__x_ Approval subject to conditions noted below
Denial for reasons noted below
Tabled for reasons noted below
__ No action required
NOTES AND SPECIAL CONDITIONS:
0 AGAINST
Planning Commission recommended approval subject to the conditions listed below:
1. To reduce the size of the house to not encroach into the side yard setbacks. Additionally,
Planning Commission recommended the additions be reduced in size to not exceed 15% lot coverage
by structure.
2. Final submittals shall include a final grading plan to be approved prior to issuance of a
building permit.
You are scheduled to appear before the City Council on Monday, March 11, 2002. If you have any
questions please contact the Zoning Depaiiment at (952) 249-4600.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Paul Weinberger, Zoning Administrator
DATE:
SUBJECT:
February 14, 2002
#02-2753 Wesley Byrne
2817 Casco Point Road
Variances -Public Hearing
Zoning District: LR-IC, One Family Lakeshore Residential District(½ acre)
List of Exhibits:
A Application
B Plat Map
C Survey/Existing Property Conditions
D Survey/Proposed Property Conditions
E Elevation Views
F Main Level Floor Plan
G Hardcover Calculation Worksheets
H Property Owners Notification List
Application Summary
Property owners have requested variances to permit additions and remodeling to the existing house.
There are two proposed additions to the house. The first would replace an existing attached garage
with a 32' X 35' two story addition. The second addition would be a 20' X 30' attached garage with
future living space located above the garage.
The property owners only intend to keep the existing house and foundation. The open porch, garage,
and deck are being removed to make room for the new additions.
Pertinent OrdinancesN ariances requested
1. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2). Total proposed
hardcover exceeds allowed hardcover by 813 s.f.
75-250 Lot Area= 11,375 s.f.
Existing Hardcover= 4,155 s.f. (36.5%)
Proposed Hardcover= 3,657-s.f. (32.1 %)
Allowed Hardcover = 2,844 s.f. (25%)
As a result of the proposed plan the total hardcover on the property would be reduced
There is currently a large driveway and parking area on the property that would be reduced
in size. The total hardcover is still over the 25% limitation in the 75-250' lakeshore setback
requiring the variance.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page I of 4
13 -
Other hardcover removals include reducing the size of the lakeside deck, removal of a shed
located near the street, an open porch on the streetside of the house would be removed for
the garage addition, and a sidewalk and wood planter box would be removed from the west
side of the property.
2. Section 10.24, Subdivision 5 (B). To permit a 9.7' side setback for the residential addition
located at the northeast comer of the new house.
The property lines are slightly narrower by the street than at the lakeshore. This situation
caused the corner of the house to encroach into the required setback. It was not until after
the house was designed and drawn on the survey that the encroachment was discovered.
3. Section 10.03, Subdivision 14 (C). The proposed lot coverage by structure is 2,612 s.f.
(15.6%). The Zoning Code permits up to 15% of the lot area to be used for structure on the
property. The total lot area is 16,750 s.f., which allows a total of 2,513 s.f. (15%) of lot
coverage by structure on the property.
Lot coverage by structure ordinances were adopted to preserve space between buildings and
regulate the massing of structures. Additional structure also contributes towards additional
hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to
infiltrate into the ground.
Staff had requested Gronberg and Associates, surveyor/engineer, to reverify their final
calculations to determine the actual size of the proposed house. The total structure was
confirmed to be 2,612 s.f which is 99 s.f more structure than the property is allowed.
Statement of Hardship
Applicant has included a hardship statement that is included as part of Exhibit A. To summarize the
hardship the property owners state they are expanding the house to be comparable to other houses
in the neighborhood, and they are adding to the existing house closer to lake rather than towards the
street to protect an 80 year old oak tree.
Site Drainage
Staff received the final site grading and drainage plans on February 14th and have not had an
opportunity to complete review as of the date of this memo. Any recommendation of approval shall
require additional City Staff review of the plans prior to any Council action.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 2 of 4
PLANNING COMMISSION OPTIONS FOR ACTION
1. Approve variances noted above
2. Table
3. Deny, stating reasons
4. Other Action
Staff Recommendation
Staff has recommended the applicants reduce the size of the house to not encroach into the side yard
setbacks. Staff also recommends the additions be reduced in size to not exceed 15% lot coverage
by structure. Staffs opinion is the hardship statement does not support a structural lot coverage
variance and a side setback encroachment.
As noted above, the City looks at what is best for the long term plan for the City. When ordinances
were adopted for structural lot coverage the City adopted this to limit the amount of development
in neighborhoods, and create space between buildings. Additional structure also contributes towards
additional hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to infiltrate into
the ground.
Property owners and Planning Commission may want to consider additional hardcover removals on
the property, notably the 0-75' lake setback zone.
A review of the final grading and drainage plan will determine if the lot can accommodate the
proposed additions. A copy of the plan has been forwarded to the City Engineer for comment.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 3 of4
Lot Area:
LR-IC
Required
Actual
Structural Coverage:
Total Lot Size
16,750 s.f.
Hardcover Calculation:
Distance from
shoreline
0-75'
75-250'
250-500'
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 4 of 4
Total area
in setback
4,875 s.f.
11,375 s.f.
500 s.f.
ANALYSIS WORKSHEET
Lot Area
½ acre
16,750 s.f. (0.77 acre)
Total Structural Coverage
Allowed: 2,512 s.f. (15%)
Existing: 2,044 s.f. (12.2%)
Proposed: 2,612 s.f. (15.6%)
Allowed Existing Proposed
hardcover hardcover hardcover
0 s.f. 462 s.f. (9.4%) 462 (9.4%)
2,843 s.f. (25%) 4,155 s.f. (36.5%) 3,657 s.f. (32.1 %)
150 s.f. (30%) 138 s.f. (27.6%) 119 s.f. (23.8%)
Application # Oc) -;)153
Date Received / ~ c:23-0:L
Amount Paid 4l-fi{). ~
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION .
Site Address ). '! 17 Casfo f o ~ ,tf Boa.i
Property Identification Number (P.I.D.) _________________ _
Attach legal description to application if not included on required survey.
Date P~~ Acquired __ .,,.,G,_,/'--'-f-1-l ___ · ___________ {month/year)
I (do) ~ also own the adjacent parcels of land.
Present use of property: __0esidential __ other (specify) _________ _
Zoning District: ·
Phone (home) fS)-1/7/---7173
Phone (work) 1 S-J, -t? I -Oo i 7
City: lJa,Y z.a f?t. (6,-oko) Zip: 5-.5-.J f /
O'\VNER (if different than applicant) Phone (home) _______ _
(V·J:f;ss ________ _ Phone (work) _______ _
City: ________ Zip: ___ _
,-·---\
-;--· ,) Setback:
,:,,_ ,'\ .,. {--
,~~-,...! '\,,'.:::]
Front Side Rear _ Average Lakeshore
~.;;".-~ __ Other (specify)-----,.-------------------
's~SIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
A
compliance with Zoning Code requirements: Ttc J. .) -Iv
·l_ ,.,.,, ~,,
(attach additional shee
· tle r;i<,..cvt<. ( 0 { tt.,., · tfO yt!4.r olJ 0.1.k-free. aJ
Vi'~v d· fk llejltfxw,;... lhc. /011 >1!! Lt.;outJ Jto-i-
1..,,.t..e-::, ,:;,~ ~t< V" 5,Je. or flu. ~ fr~e. -1-.
re,w,'n:..
~u rJ iwv¼r h lock_ /-le,
le. ~ 'j"'-J. wtf-~ tk o i-lv-
6
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
~ust obtain this list, labeJs _ and map from Hennepin Com.:ty pepartment of
F.mance, A-603, Govt Cerffef, 348-5910). Dqv:c/ -tc?N oA I t,,."~4
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. 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 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.
Applicant's Signature ~ C ~ -Date /-J. 3 -0 .l--.
O'\VNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature ~ C~ ~~ Date /--J-J --D )_
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.
f3
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HARDCOVER CALCULATION WORKSHEET rev. i-zFJ-oz
SETBACK ZONE: (CIRCLE ONE) ~ 75-250' . 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
. X = S.F .
B. Garage X = S.F.
· c: Driveway X = S.F.
X = S.F:
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck /J,(-r I~ X = Ztl S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric ..f'rt: l'f l'-1) I-'7 /S2.
G. Other t(.,1/U .. ;f X = o/9 S.F.
TOTAL HARDCOVER IN ZONE Y62. S.F. A
TOTAL PROPER Ft' AREA IN ZONE YJ>7S S.F. B
A + B X 100 = '/, ~8 %
PROPOSED HARDCOVER IN ZONE.
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = .... -S.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk
.5A/11.~ A J' A dtJllf'
X = S.F.
X = . S.F.
E. Patio/Deck X = S.F.
X = S.F ..
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A B X 100 = %
Wf'J ~'1,(M€ /O--: t-oo
HARDCOVER CALCULA~IO~ORKSHEET rev I-ZS•o2.
SETBACK ZONE: ccmcLE ONE) 0-75' Gs-2ffe 250-500• 500-1000'
EXISTING HARDCOVER IN ZONE
A House X = I.SZI S.F.
Length Width
X = S.F.
X = S.F.
/JP!! ('I-/ X = 2'.:1..5.. S.F.
:SI./~/) 69' B. Garage X = S.F.
· c:. Driveway X = L?-13 S.F.
X = S.F:
D. Sidewalk (J ..,t 71 X = L1 Y S.F,
X = S.F.
E. Patio/Deck /J~(k X = 2"? S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other W.All.f' X = '-1'1 S.F.
TOTAL HARDCOVER IN ZONE ~t.S-5 . S.F. A
TOTAL PROPERTY AREA IN ZONE ll., 1.2s S.F. B
A .. .,. B X 100 = Jc. s-3 %
PROPOSED HARDCOVER IN ZONE.
A. House X = -zso, S.F.
Length Width
X = S.F.
X = S.F.
X = ·-s.F.
B. Garage X = S.F.
C. Driveway X = 104$'" S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = I l I S.F.
X = S.F.
F. Landscape X = S.F.
Underlain· X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HARDCOVER IN ZONE 365] S.F. A
TOTAL PROPERTY AREA IN ZONE 11, 37S-S.F. B
A B X 100 = 32t/i %
W~f t9 Y'~U€ /t)-('-ao
HARDCOVER CALCULATION WORKSHEET
. SETBACK ZONE: (CffiCLE ONE) 0-75' 75-250' ~0-500~ 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
· c:. Driveway X = /._28 S.F.
X = S.F:
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other WALL X ·= /0 S.F.
TOTAL HARDCOVER IN ZONE 138 S.F. A
TOTAL PROPERTY AREA IN ZONE soo S.F. B
A.. + B X 100 = Z 7. 6'0 %
PROPOSED HARDCOVER IN ZONE.
A. House ·x = S.F.
Length Width
X = S.F.
X = S.F.
X = ·-s.F.
B. Garage X = S.F.
C. Driveway 102 REV1Sli'i
X = ~:;:-CRl'lcW.I X =
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X . -S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other Wlf~L X = ./0 S.F.
TOTAL HARDCOVER IN ZONE I I~ S.F. A
TOTAL PROPERTY AREA IN ZONE ~00 S.F. B
A B X 100 = Z2,8 %
RUN DATE 01/18/02
BATCH 505
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
REPORT NO. PI435401
PAGE 12
PROP ADDR
OWNER NAHE
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER'NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAHE
TAXPAYER
NAME/ADDR
38 20-117-23 32 0006
02824 CASCO POINT RD
MARKE & PATRICIA A THOMPSON
MARKE & PATRICIA A THOMPSON
2824 CASCO POINT RD
WAYZATA HN 55391
38 20-117-23 32 0009
02821 CASCO POINT RD
RE DEMSHAR & MM DEMSHAR
RONALD & MARGARET DEMSHAR
2821 CASCO POINT RD
WAYZATA MN 55391
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 0016
02800 CASCO POINT RD
THOHAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
WAYZATA MN 55391
II ~i~ ({ .. 'H
N?(;t:
11
•:'.:'.,, :·:,:;
n /:7;~~·'1. ... ~1
.·•,
I 11 t~-\, "j ,..,.,,;
P·::·:_,;:-.:1 ,'
~:.;;!;,r.'J.J)
38 ·20-117-23 32 0007
02829 CASCO POINT RD.
BE PETERSON & HP PETERSON
BRYCE E PETERSON AND
MARY PAT PETERSON
2829 CASCO POINT RD
WAYZATA MN ~5391
38 20-117-23 32 0010
02817 CASCO POINT RD
WESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA HN 55391
38 20-117-23 32 0013
02811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA HN 55391
38 20-117-23 32 0017
02818 CASCO POINT RD
TANNY L WOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-23 32 0008
02825 CASCO POINT RD
DAVID J YORKS & WIFE
DAVID J YORKS
2825 CASCO POINT ROAD
WAYZATA MN 55391
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 H & PS BAILEY
JOHN M & PATRICIA S BAILEY
2807 CASCO POINT RD
WAYZATA MN 55391
TOTAL BATCH 505 00011
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 PROPERTY TAXATION, TO THE..,.,BEST
OF MY KNOWLEDGE AND BELIEF, .
DATE/-22-oZB
tv..,.::,-~-:)_
U
(Ar::/J;)
' '
' \-;r;:,
ORONO CITY COUNCIL MEETING
MONDAY, FEBRUARY 10, 2003
PARK COMMISSION COMMENTS
None.
PLANNING COMMISSION COMMENTS
None.
PUBLIC COMMENTS
None.
ZONING ADMINISTRATOR'S REPORT
*5 . #02-2753 Wesley Byrne, 2817 Casco Point Road-Reaffirm Plan Approval-.
Resolution No. 4924
Murphy moved, and Sansevere _seconded, to adopt Resolution No. 4924 reaffirming
the original approval to allow construction per the approved site plan.
Vote: Ayes 5, Nays 0. '
*6. #02-2854 Kevin Manley, 1973 Fagerness Point Road-Variances/Conditional
Use· Permit-Resolution No. 4925
:Murphy moved, and Sansevere seconded, to adopt Resolution No. 4925 granting a
variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2; 10.55,
Subdivision 8; and 10.56, Subdivisions 16(J) and 16(L) to permit the construction of
boulder retaining walls constituting hardcover in the 0-75' zone where no harcover is
normally all~wed, and to permit grading and land alterations within the 0-75'
lakeshore protected area where such work is normally prohibited per the submitted
plan Option 1 revised to incorporate downspouts and gutters, and further grants a
Conditional Use Permit for land alterations within the 0-75' lakeshore protected
zones and within 5' of a lot line per the approved grading plan and site plan.
Vote: Ayes 5, Nays 0.
*7. #02-2861 Erik Thompson, 1940 Concordia Street-Variances-Resolution
No. 4926
l\!lurphy moved, and Sansevere seconded, to adopt Resolution No. 4926 granting a
variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow
construction of a second story to the existing house to be 14' from the front lot line
3
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby ce1tify
that a Notice of Public Hearing concerning the matter of #02-2753, as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto ~~y of February 2002.
Denise M. Leskinen
ORONO PLANNING COMMISSION
Tuesday February 19, 2002 6:30 PM
2750 Kelley Parkway -Council Chambers
AGENDA
Council Representative: Mayor Barbara Peterson
AUDIENCE MEMBERS:
Please sign in for the public record at the front podium if you wish to address the
Planning Commission. Applicants will be asked to move to the front table to answer
questions when the Chair announces the application. The Planning Commission is
an advisory body to the City Council. If action is taken on any items on this agenda,
they will be scheduled for the ~larch 11, 2002 City Council meeting unless otherwise
noted by the Chair.
CONSENT
1. #02-2750 Michelle and Edward Winer, 2010 Shoreline Drive, Variance
(Staff: Wendy Bottenberg)
NE\V BUSINESS
Review of these items will commence before or between scheduled public hearings.
2. #01-2731 Navarre Amaco, 3360 Shoreline Drive, Commercial Site Plan
Review and Variances (Staff: Paul Weinberger)
3. #01-2735 Proposed Zoning Code Amendment, Section 10.03 Subd. 14,
Structural Lot Coverage Ordinance Standards (Staff: Wendy Bottenberg)
4. #2333 Proposed Zoning Code Amendment, Section 10.20 Subd. 4C,
Home Occupation Standards (Staff: Mike Gaffron)
SCHEDULED PUBLIC HEARINGS 7:30 PM
5. #02-2755 Long Lake Fire Station -City of Orono, 340 Willow Drive North,
Class III Subdivision, CUP, Variance (Staff: Mike Gaffron)
NE\V BUSINESS
Review of these items will commence before or between scheduled public hearings.
6. #02-2745 Ilona and Kenneth Peterson, 1074 \Vildhurst Trail, Variances
(Staff: Paul Weinberger)
7. #02-2746 Mark Finney, 3210 North Shore Drive, Variance
(Staff: Paul Weinberger)
8. #02-2747 Tonka Ventures, 3749 Livingston Avenue, Vacation
(Staff: Paul Weinberger)
9. #02-2748 Richard A. and Nancy Marzan, 2795 Pheasant Road, Variance
(Staff: Wendy Bottenberg)
10 . #02-2749 Thomas P. Egan, 350,360, and 370 Big Island, Vacation
(Staff: Paul Weinberger)
11. #02-2751 Mark Welsh, 3625 North Shore Drive, Variances
(Staff: Paul Weinberger)
12. #02-2753 Wesley Byrne, 2817 Casco Point Road, Variance
(Staff: Paul Weinberger)
13 . #02-2754 Matthew and Kathy Dolliff, 2680 Pheasant Road, Variance
(Staff: Wendy Bottenberg)
PLANNING COMMISSION COMMENTS
14. Report of Planning Commission representatives attending Council meetings
January 28, 2002 and February 11, 2002. . .
15 . Other issues for discussion.
16 . Planning Commission approval of minutes for January 22, 2002.
17. Selection ofrepresentatives for City Council meetings on February 25 , 2002 and
March 11, 2002.
ADJOURNMENT
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
Toe Planning Commission will hold public _hearings in the. Council Chambers at 2780 Kelley
Park.way on Tuesday, February 19, 2002, beginning at 6:30 p.m. on the matter of reviewing the
following land use applications:
1. #02-2740
2. #02-2745
3. #02-2746
4. #02-2747
5. #02-2748
6. #02-2749
7. #02-2750
Jeffry and Nancy Twidwell; 1865 Concordia Street, request lot area, lot
width, hardcover, and structural lot coverage variances to permit construction
of a new residence. on the property, and request a variance to keep the
existing deck located within the 75' lakeshore setback.
Ilona and Kenneth Peterson, 1074 Wildhurst Trail, request a variance to
permit new home construction on a lot less than 1 acre in size in the LR-IB
zoning district, a variance to permit construction of a detached garage
encroaching into a protected wetland and land alteration within the 26'
wetland buffer area.
Mark Finney, 3210 North Shore Drive, requests a variance to permit
construction of a residential addition 5' from the west side property line
where a IO' setback is required, variance to permit construction of a detached
garage 5' from the side property line where a 1 O' setback is required, and a
variance to permit additional hardcover over 25% within the 75-250'
lakeshore setback.
Tonka Ventures, 37 49 Livingston Avenue, requests vacation of a 1.5' section
of a drainage and utility easement, dedicated on the plat of Lake Minnetonka
Woods.
Richard A. and Nancy Marzan, 2795 Pheasant Road, request a variance to
permit a structure and deck located within the 7 5' lakeshore setback to remain
. on the property subsequent to removal of the existing principal residence.
Thomas P. Egan, 350, 360 and 370 Big Island, request vacation of a: portion
of Massasoit A venue as dedicated on the plat of Morse Island Park Second
Addition.
Michelle and Edward Winer, 2010 Shoreline Drive, request a variance to
permit construction of an addition located within the average lakeshore
setback.
8. #02-2751
9. #02-2752
10. #02-2753
11. #02-2754
.
Mark Welsh, 3625 North Shore Drive, requests variances to . lot area, lot
width, 0-75 hardcover, 75-250' hardcover, 75' lakeshore setback, and to
permit construction of a 42' X 28' new residence on the property 5' from the
side property line where a 10' setback is required, and to permit the new
structure within 1 O' of an adjacent building.
Jerry and Cindy Gray, 880 Partenwood Road; request variances to permit . .
an alteration to existing hardcover over 25% for construction of a lakeside
· screen porch and deck, and variances to permit installation of a new driveway
increasing hardcover within the 75-250' lakeshore setback from 7,321 s.f.
(38%) to 8,394 s.f. (44%) where 25% is allowed.
Welsely Byrne, 2817 Casco Point Road, requests a hardcover variance to
permit a residential addition, including an attached garage and additional
living space.
Matthew and Kathy Dolliff, 2680 Pheasant Road, request a hardcover
variance to permit a 467 s.f. addition to the residence.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and shall be submitted to the City of Orono by February 15, 2002. Plans are available in
the City Offices . For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commission
Paul Weinberger, Zoning Administrator/Planner
To be published the week of February 2, 2002.
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
-~
}
-{ _;y-.. .:1~:J_.:: .. ·.:::/ . .:: . -. -. :
CITY OF ORONO . f, _:,;)>,F .~-'~-#02-27._49 Thomas P. Egan, 350,
2750 Kelley Parkway, P.O. Box ~.6 i.,_;:\36(ta~d 370 Big Island, request vacation
Crystal Bay, MN 55323 •C'. · :' o_f a portion of Massasoit Avenue as ded-
Phone (952) 249-4600 )~ · icated ·on the plat of Morse Island Park
FAX (952) 249-4616 ---l-Second Addit_ion. __ l. · · ', · ·
NOTICE 7. #02-2750 Michelie and . Edward
The Planning Commission will hcild
public hearings in the Council Chambers
at 2780 Kelley Parkway on Tuesday,
Winer, 201 0 Shoreline Drive : request a
variance· to permft construction of an addi
tion located within ·the average lakeshore
setback. · ·
. February 19, 2002, beginning at 6:30 p.m. ,
on the matter of reviewing the following 8. -#,02-2751 Mark· Welsh, .-;!625
land use applications : · . -Nqrth SJ1ore Drive, requests variances to
. fr -•· lot area·, lot width, 0-75 hardcover, 75-250' :
1. · #02-2740 Jeffry and Nancy 'hardcover, ·75' lakeshore setback; and ·to
Twidwell, 1865 Cor,corctla Street, permit construction of a 42'X28' new resi-
request lot area, lot width, hardcover, a"/ia dence on the property 5' from the _side
structural lot coverage variances to per!l;lit property line where a 10' ··setback · is .
construction of a new residence on lhe required, and to permit the new structure
property, and request a variance to kEleP within· 1 O' of an adjacent building .. ·
the exi sting deck located within the 7p'
lakeshore setback . :; 9 . #02-F52 Jerry and Cindy ·Gray;
880 Partenwood . Road, request vari-
2. #02-2745 Ilona and Kenneth ances to permit an alteration to existing
Peterson, 1074 Wlldhurst Trail , request a hardcover over 25% for construction of a
1 variance to permit new home construction lakeside screen porch and deck; and varl-
on a lot less than 1 acre in size in the LR-ances to permit installation ·01 a new dri-
1 B zoning district, a variance to permit veway increasing hardcover within the 75 -
construction of a detached garage 250' lakeshore setback from 7;321 's.f.
encroaching into a protected wetland and (38%) to 8,394 s.f. (44%) where 25% is
land alteration within the 26' wetland allowed . ·
buffer area.
10. #02-2753 Welsely Byrne, 2817
Casco Point Road, requests a hardcover
variance to permit a residential addition ,
including an attached garage and addi
tional living space.
11 . #02-2754 Matthew and · Kathy ·
Dolliff, 2680 Pheasant Road , request a
hardcover variance to permit a 467 s.f.
addition to the residence : ·
3.. #02-2746 · Mark Finney, 3210
North Shore Drive, requests a variance
to permit construction of a residential
addition 5' from the west side property line
where a 1 O' setback is required, variance
to permit construction of a detached
garage 5' from the side property line
where a 1 O' setback is required, and a
variance to permit additional hardcover
over 25% within the 75-250' lakeshore
setback. All persons wishing to be heard are _
. encouraged to attend this meeting .
4. #02-2747 Tonka Ventures, 3749 · Written comments are accepted and shall
Llvlngsto.n Avenue, requests vacation of . ; _be submitted to the City of Orono by
a 1.5' section of a drainage· and utility · · February 15, 2002. Plans are available in ·
easement, dedicated on the plat of Lake the City Offices . . For an appointment,
Minnetonka Woods . please call (952) 249-4600.
5. #02-2748 Richard A. and Nancy ··
Marzan, 2795 Pheasant Road, request a
variance to permit a structure and deck
located within the 75' lakeshore setback to
remain on the property· subsequent to
removal of the existing principal resi
dence .
1.....-.
City of Orono
· By : Planning Commission
Paul Weinberger, Zoning
Administrator/Planner
(Published in The Laker and Pioneer
Feb. 2, 2002)
Aff 'avit 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 __ L_a_n_a_u_s_e_A_P_P_l_i_c_a_t_i_o_ns
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the _2_ day of __ F_e_b_r_u_a_r_y ___ 2002,
and was thereafter printed and published
every Saturday, to and including Saturday,
the ---day of &t;;, /4! 2002;
'~horized Agent
Suscribed and sworn to me on this
e KRISTI HOLM
NOTARYPlJBUC-MINNESOTA
• My Commission Expires Jq11 . 31, : ;c s
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $15.50 per inch.
(2) Maximum rate allowed by law for above matter: $15.50.
(3) Rate actually charged for above matter: $7.96 per inch.
Each additional successive week : $5.79 .
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Approval:
Name: Michael P. Gaffron /.11,,JJ}~
Title: Planning Director Jff <::::::,/
Date: February 4, 2003
Item No.:
Agenda Section:
Zoning
Item Description: #02-2753 Wesley Byrne, 2817 Casco Point Road -Reaffirm Prior Approval
-Resolution
List of Exhibits
A -Resolution
On January 27 Council voted 4-0 to reaffi1m the original approval granted to the applicant for
construction of additions to the existing residence per the original plans attached to the previous
resolution. A resolution documenting Council's action is attached for review·and adoption.
Staff Recommendation
Staff recommends adoption of the attached resolution.
COUNCIL ACTION REQUESTED
Adopt or amend the attached resolution.
A RESOLUTION
REAFFIRMING THE ORIGINAL APPROVAL
TO ALLOW CONSTRUCTION PER THE
APPROVED SITE PLAN ATTACHED TO
RESOLUTION NO. 4768
FILE NO. 02-2753
WHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are
owners of the property located at 2817 Casco Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
Attached "Exhibit A", Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants were granted variances for hardcover on March 11, 2002
per the findings and conditions of City Council Resolution No. 4768 to permit additions to the
existing residence; and
WHEREAS, Condition 4 of Resolution No. 4768 stated as follows:
"If it is determined the existing foundation is required to be replaced or repaired, all
variances approvals shall be withdrawn by the City of Orono and a new variance application
shall be submitted by the applicants."; and
WHEREAS, subsequent to issuance of a permit for construction of the proposed
additions, and after substantial work had been completed on those additions, the pre-existing second
story of the existing residence was removed due to structural integrity issues. A portion of the
removed second story had encroached into the required 1 O' side yard and was considered as
nonconforming, and therefore its replacement would normally be subject to meeting all setback
requirements. It was further determined that substantial work on the foundation would be required,
triggering the potential for further review; and
WHEREAS, the issue was brought fmih to the City Council on January 13, 2003 and
it was referred to the Planning Commission for a recommendation; and
WHEREAS, the Planning Commission held a public hearing on January 22, 2003 to
review the status of the construction. Planning Commission concluded that in retrospect it was
unclear during the March 2002 review that the applicant actually had proposed to raise the roof3-4'
within the substandard setback area. Planning Commission voted 6-1 to recommend approval for
Page 1 of 3
replacement of the second story back to the original building envelope but not extending any higher
within the substandard setback than previously existed; and
WHEREAS, the City Council reviewed the application and the recommendations of
staff and the Planning Commission, and concluded that although no side setback variance for second
story expansion was specifically approved or documented during the prior review, the Council had
approved the second story expansion without requiring a variance by its actions in March 2002 per
building plans attached to Resolution No. 4768, that the plans had not changed, and that the
applicant had relied in good faith on that approval to commence his construction project and had
invested substantial sums toward that project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota that the approvals granted for construction of additions to the residence at 2817 Casco
Point Road are reaffirmed, and applicant may construct the second story as depicted on the plans
attached to Resolution No. 4768, and may repair or replace the foundation as necessary to support
the structure above it.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 10th day ofF~bruary, 2003.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Page 2 of 3
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 10th day of February, 2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this ____ day of
_________ , 200 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 3 of 3
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 27, 2003
7:00 o'clock p.m.
(REQUEST FOR RECONSIDERATION OF LIQUOR VIOLATION PENALTY -
Continued) "'
For clarification, White stated that it was the City Council that made the mistake at the last
Council meeting allowing the public hearing after the police department representative was
called away to another meeting. The police department was by no means, at fault. In fact ,
White stated the department representative was on time to the meeting, it was the other
side that was late, thus delaying the public hearing . Since the public hearing was delayed,
the police department representative was called away. White pointed out that the Council
should not have considered the issue and held the public hearing without having both sides·
present, therefore they will be rescheduling the public hearing.
VOTE: Ayes 4/0.
Mayor Peterson noted that the rescheduled public hearing· would likely take place at the
first City Council meeting in February.
ZONING ADMINISTRATOR'S REPORT
*3. #02-2753 WESLEY BYRNE, 2817 CASCO POINT ROAD ,-PLAN REVISIONS
Gaffron explained that the applicant was granted a 75-250' hardcover variance in March
2002 for major additions to the existing residence . The variance was granted based on a
finding that the existing residence building and foundation would not be altered as part of
the remodeling, and that no lot area/width variances were necessary because the existing
house walls and foundation will remain, without structural repairs.
Gaffron noted that a condition of approval was that if it was determined that the existing
foundation would need to be replaced or repaired, all variance approvals would be
withdrawn and a new variance application submitted . Not discussed in the approvals was
the fact that a portion of the existing house was 6' from the side lot line where a 10'
setback was required . Unclear also, during the original review, was that the roofline in the
substandard setback was intended to be raised, requiring a side setback variance, which
was not addressed in the approval.
Only recently, the building inspector noted that the second story of the existing residence
had been completely removed , including the portion encroaching past the side setback .
Gaffron added, that further, it has been determined that the portion of foundation below the
first story wall with substandard setback is not adequate to support the first floor without
major repairs, much less replacement of the second story.
Gaffron pointed out that replacement of the removed second story in the substandard
setback clearly requires a variance . At a public hearing on January 22, 2003, the Planning
Commission reviewed the issues. The adjacent neighbor nearest the structure made
PAGE 3 of28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 27, 2003
7:00 o'clock p.m.
(#02-2753 WESLEY BYRNE, Continued) ..
comments in support of the applicant and the Planning Commission reached the following
conclusions:
1. Both the applicant and City bear some responsibility for the misunderstanding of what
additions were intended and what roof expansions were actually being proposed.
2. In 2002, the Planning Commission felt they were primarily approving additions to the
existing residence, and the existing residence would not change substantially. The Planning
Commission felt the extent of the removals now far exceeds what they expected.
3. The applicant's structural engineer has identified verbally that the foundation below the
remaining first floor requires renovation to continue to serve the first and second floors.
4. The Planning Commission recommended that within the 10' side yard, the applicant
should be allowed only to retain or replace structure within the envelope of the original
house walls and roof. Therefore, the building plans would have to be revised to match, not
exceed, the original spaces that pre-existed, and the second story roof may not be raised
beyond what previously existed.
While functionally granting a variance to allow construction within the side yard, the vote
on the above conclusion was 6-1, with Alternate Hannaford in the minority opinion that
due to the circumstances the applicant should be allowed to construct the expanded 2nd
story as shown in the plans.
Mr. Byrne stated that throughout the planning stages of the project he had worked closely
with planning staff to design a proposal that, he believed, covered all his bases. He
acknowledged that he probably should have provided better drawings originally, however,
maintained that the drawings had not changed from what the City had seen from the start.
While he had anticipated some problems with a 60 year old foundation, he wasn't aware of
the extent of the demolition that would be needed versus repair. After several uneventful
visits by Inspector Lyle Oman, he was unaware that 7 months into construction, the project
would be halted. Mr. Byrne asked the Council to allow him to build the home he had
originally planned and submitted, adding that to change things now that the trusses were
built and windows bought would be very costly to him.
Mayor Peterson asked how far along the construction was when Lyle Oman had visited.
Mr. Byrne pointed out that the inspector had been out on occasion. He believed the last
visit had been when the footings of walls and the basement had been inspected. As of late
Inspector Bruce Vang, along with his own structural engineer identified the necessity to
correct the silt plate and rot along the foundation.
PAGE 4 of28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 27, 2003
7:00 o'clock p.m.
(#02-2753 WESLEY BYRNE, Continued) ..
White believed, while both sides were at fault, nothing would be gained by cobbling a
house together. He felt the applicant was making great improvements to the property.
Gaffron maintained that the issue was one of encroachment versus hardcover.
Mayor Peterson asked if the applicant would be encroaching further than before.
Gaffron indicated that the encroachment was not closer but higher mass would be added.
Murphy asked what would be gained by requiring the applicant to jog in his second story.
Mayor Peterson asked what the neighbor's opinion had been.
Gaffron reiterated that the neighbor was in support of the design as submitted. With regard
to the jog, Gaffron pointed out that the City requires a 1 0' side yard setback. The question
here is a feeling of visual density, of too much house for the lot, which the Planning
Commission wrestled in it's last meeting.
Murphy inquired what the plans showed in the original drawings.
Gaffron stated that, while Mr. Byrne has the original drawings, which were approved with
him, the volume is what wasn't apparent in March 2002.
I
Commissioner Rahn stated that he had been present at both the original approval and the
review and had he been aware of the vertical encroachment with the original submittal, the
Commission would have likely not allowed it.
Mayor Peterson asked if this plan was what was originally approved.
Gaffron confirmed this, acknowledging that the vertical side setbacks were not considered.
White stated that, in his opinion, the City approved this house and he found it difficult to
change the requirements now.
Nygard pointed out that massing usually is dealt with as a matter of sunlight or views and
how massing impacts neighbors .. In this case, he felt massing was irrelevant.
Mayor Peterson and White concurred.
Attorney Barrett indicated that one basis the City could use to allow the original plan to go
forward would be to say they are simply going to reaffirm the original motion, versus
granting a new variance that would make future applications difficult to distinguish the
difference.
PAGE 5 of28
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, January 27, 2003
7:00 o'clock p.m.
(#02-2753 WESLEY BYRNE, Continued)
"' Nygard moved, White seconded, to reaffirm the original motion, which allowed the
property located at 2817 Casco Point Road to develop in conformance with the
original site plan attached as exhibit B.
Mr. Byrne asked ifhe could fix the foundation.
The Council stated he would be required to do so.
VOTE: Ayes 4, Nays 0.
4. #02-2789/02-2840 DAHLSTROM DEVELOPMENT LLC, "2550" WAYZATA
BOULEY ARD WEST -RESOLUTION NO. 4915
a) REQUEST FOR FINAL APPROVALS
b) SALES TRAILER APPROVAL
Gaffron explained that on December 9, 2002 the Council voted 5-0 'to approve the
language' of the draft with final Council adoption of the Resolution Granting Preliminary
Plat approval and General Development Plan approval to occur when MCWD approvals
were granted and any remaining engineering issues were resolved. The motion also
included approval of the development fee strncture as set out in the staff memos of
December 4, 2002 and December 6, 2002. Additionally, Council noted that the City would
provide the applicant a letter defining the City's support of the project, at the applicant's
request. On January 14, 2003, staff, Wallace Case, and the applicant reached an agreement
on which aspects of the specific recommendations of the landscape plan were incorporated
as requirements.
As the applicant's bank has suggested that the City's approval_is key to completion of the
financing for purchase of the land, Gaffron reported that the applicant has requested that
Council grant General Development Plan and Preliminary Plat approval by adopting the
proposed Resolution, subject to conditions necessary to give the City assurance that the
City's interests in the project are protected. The purchase must be closed by the February
7, 2003 option expiration date.
Gaffron pointed out that the Stonebay Development property is one of a small number of
areas the City has guided for higher density residential development to enable a broader
range of housing options. Late in the development review process, the issue of providing a
number of units at affordable cost levels was introduced, the developer proposed to
subsidize a small number of units to reduce the price. The subsidy was going to cost the
developer $200,000 to $300,000. At the time, the Council felt this to be a small token
effort to make a small number of units more affordable. It was then suggested the money
be placed in an affordable housing fund to be used for future affordable housing projects.
The developer indicated this would be agreeable as long as the City had a program in place
PAGE 6 of28
REQUEST FOR COUNCIL ACTION
Department Approval:
Name: Michael P. Gaffron
Title: Planning Director
Administrator Approval:
Date: January 24, 2003
Item No.:
Agenda Section:
Zoning
Item Description: #02-2753 Wesley Byrne, 2817 Casco Point Road -Plan Revisions -
Variance Review
List of Exhibits
A -Memo and Exhibits of January 15, 2003
Summary of Request
The applicant was granted a 75-250' hardcover variance in March 2002 for major additions to the
existing residence. The variance was granted based on a finding that the existing residence building
and foundation would not be altered as part of the remodeling, and that no lot area/width variances
were necessary because the existing house walls and foundation will remain, without structural
repairs.
A condition of approval was that ifit is determined the existing foundation is required to be replaced
or repaired, all variance approvals will be withdrawn and a new variance application submitted. Not
discussed in the approvals was the fact that a p01iion of the existing house was 6' from the side lot
line where a 1 O' setback is required. Unclear during that review was that the roo:fline in the
substandard setback was intended to be raised, requiring a side setback variance which was not
addressed in the approval.
Applicant was issued a building permit in June 2002. The building inspector recently noted that the
second story of the existing residence had been completely removed, including the portion
encroaching past the side setback. Further, it has been determined that the portion of foundation
below the first story wall with substandard setback is not adequate to support the first floor without
major repairs, much less replacement of the second story.
Replacement of the removed second story in the substandard setback clearly requires a variance.
Fmihermore, per the approval resolution conditions, the removal of portions of the existing house
and the need for substantial work on the foundation, triggered the need for further City review. The
underlying issue is whether the remodeling/addition process has resulted in removal of so much of
the existing residence that the project should be considered as a total rebuild, requiring all setbacks
to be met. On January 13 Council re-opened application #02-2753 and referred this to the Planning
Commission for a recommendation.
#02-2753 Byrne
2817 Casco Point Road
January 24, 2003
Planning Commission Recommendation
Planning Commission reviewed the issues at a public hearing held on January 22. The neighboring
property owners were notified. The adjacent neighbor nearest the structure in question made
comments in support of the applicant. Planning Commission reached the following conclusions:
1. Both applicant and the City bear some responsibility for the misunderstanding of what
additions were intended and what roof expansions were actually being proposed during the
2002 review.
2. The Planning Commission did believe that during the 2002 review process they were
primarily approving additions to the existing residence, and that the existing residence would
not change substantially. Planning Commission believes that the extent ofremovals now far
exceeds what they expected to occur, and does legitimately pose the question as to
reconstruction into the side yard.
3. The applicant's structural engineer has indicated verbally that the foundation below the
remaining first floor requires renovation to continue to serve the first and second floors if
they are constructed/reconstructed.
4. To allow applicant some relief given the history of this application, Planning Commission
recommends that within the 1 O' side yard, applicant should be allowed only to retain and/or
replace structure within the envelope of the original house walls and roof. Therefore, the
building plans will have to be revised to match ( or not exceed) the original spaces that pre
existed, and the 2nd story roof may not be raised or expanded beyond what previously
existed.
The vote on the above conclusions in the form of a motion was 6-1, with (Alternate) Commissioner
Jule Hannaford in the minority, of the opinion that due to circumstances the applicant should be
allowed to construct the expanded 2nd story as shown on the plans.
The Planning Commission recommendation functionally results in the granting of a variance to allow
construction within a side yard.
Staff Recommendation
Staff concurs with the Planning Commission recommendation. Staff will draft a resolution for
adoption at your February 10 meeting documenting the setback variance and the approval conditions.
COUNCIL ACTION REQUESTED
Grant approval per the Planning Commission recommendation, direct staff to draft a resolution for
adoption on February 10, and direct the applicant that he may proceed with construction under the
parameters established by the Planning Commission recommendation, subject to submittal to the
Building Official of revised plans for the affected portions of construction, for review and approval.
TO:
FROM:
Chair Smith and Planning Commission Mmebers
Mike Gaffron, Planning Director~
January 15, 2003 DATE:
SUBJECT: #02-2753 Wesley Byrne, 2817 Casco Point Road -Plan Revision -
Reconsideration of Variances -Referral from Council
Zoning District:
Lot Area:
LR-lC One-Family Lakeshore Residential(½ acre)
16,750 s.f. (0.38 ac.)
Summary of Issue Removal of the pre-existing second story in a substandard setback triggers
the Resolution condition requiring further review of this in-progress remodeling/addition project.
The inspections department also has concluded that substantial foundation work will likely be
necessary, also triggering further review.
List of Exhibits
A -Applicants Letter
B -Resolution No. 4768 (March 11, 2002)
C -Survey
D -House Plans & Elevations
E -Current site photos (1st week of January 2003)
F -PC Minutes 2/19/02
G -Staff Memo & Selected Exhibits 2/14/02
Background
The applicant was granted a 75-250' hardcover variance in March 2002 for major additions to the
existing residence. The variance was granted based on a finding that the existing residence building
and foundation would not be altered as part of the remodeling, and that no lot area/width variances
were necessary because the existing house walls and foundation will remain, without structural
repairs. It may not have been clear during the February 2002 review that the plan as approved
required raising of the second story roof a few feet.
A condition of approval was that if it is determined the existing foundation is required to be replaced
or repaired, all variance approvals will be withdrawn and a new variance application submitted. Not
discussed in the approvals was the fact that a portion of the existing house was 6' from the side lot
line where a 1 O' setback is required.
Applicant was issued a building permit in June 2002. The building inspector recently noted that
while the additions are progressing, the second story of the existing residence has now been
completely removed, including the portion encroaching past the side setback. The applicant has
provided documentation of the circumstances leading to this removal (Exhibit A). Because the
inspections department is questioning the integrity of the portion of foundation below the first story
4
#02-2753, 2817 Casco Point Road
January 15, 2003
Page2
wall with substandard setback, the applicant is hiring a structural engineer to review the situation and
we anticipated having his analysis available for your January 22 meeting.
Replacement of the removed second story in the substandard setback clearly requires a variance that
was not addressed in the original approval. Furthermore, per the approval resolution conditions, the
removal of portions of the existing house and the need for substantial work on the foundation,
triggers the need for further City review. The underlying issue is whether the remodeling/addition
process has resulted in removal of so much of the existing residence that the project should be
considered as a total rebuild, requiring all setbacks to be met.
Please review the original staff memo and minutes from the February 19, 2002 Planning
Commission meeting.
Staff Recommendation
Staff has allowed the applicant to continue work only on those portions of the house and additions
that are structurally unrelated to the encroaching portions of the existing house. The primary issues
that need further City review are:
1. Whether a variance will now be granted to allow the second story encroachment to be
replaced at the 6' setback;
2. Whether the first story encroachment should be allowed to continue at the 6' setback,
assuming that its foundation needs to be repaired or replaced.
Staff is treating this as a re-opening of the previous variance approval application. In order to
expedite the review process, at staffs request Council has referred this back to the Planning
Commission for consideration at your January 22 meeting, with the intent to have this back on
Council's January 27 agenda to consider the PC recommendation and take final action. The
neighboring property owners have been notified by mail that this application is being further
reviewed should they wish to comment.
TO: Orono Planning Commission
FROM: Wes and Brenda Byrne (homeowners)
SUBJECT: "Plan Revisions" at 2817 Casco Point Road
This memo is written to document additional issues related to the "Plan Revisions" to our
building project that might now require an additional variance application.
1) There was never any attempt to skirt conditions of the currently approved variance and
building permit. Orono inspectors have frequently been brought in to inspect the progress of
work so as to try to prevent the types of problems that are now halting the project.
2) The house plans have not been changed. The approved plans clearly indicate that a new roof
would be constructed on an 8 foot wall to integrate the new and old sections of the house.
A
The problem is related to the fact that the old house had a low roof. On the north side ( six feet
from the property line), the roof was set on a second floor wall whose height was less than 5 feet.
Originally, we had mistakenly thought that we would be able to build off that existing wall. But
when our carpenter (Roger Roy) got to the wall, he knew that such an extension would not meet
code. In fact, there was no way to legally construct the new wall except to build it from the first
floor ceiling up. This necessitated removal of the existing short wall. But when the inspector
saw that the old second floor wall had been removed, we were not allowed to replace it.
Here the question could be raised, "What should we have done differently?" But there is no
correct answer to this question. With the low second-floor walls of the old house, the variance
and building permits should never have been granted as worded, because the conditions could
never have been met. The house could never have been built as planned
3) As an additional problem, concerns are now being raised as to whether the foundation on the
north side can support a two-story house. Yet this same foundation was available for inspection
last year, and has been inspected on multiple occasions during the building process. Everyone
knew that it was questionable, but what makes it difficult to judge is the fact that it has
successfully withstood 60 years of holding up two stories and a roofline. In addition, work
performed by our foundation contractor (Paul Berquist) on the new parts of the house will
improve the long-term integrity of the old foundation. For example, our new basement will
allow heat into the old foundation and surrounding ground. There will also be better drainage
and insulation around it. The new rooflines will shift roof weight to the front and back of the
house, and away from the side with the old foundation. For the foundation to now become a
reason for preventing completion of the planned project seems terribly unfair.
It should be noted that we were originally hoping to use as much of the old house as possible to
save money. We are working with a very limited amount of money. We are not trying to escape
our responsibility for this problem. However, if someone a year ago could have just noticed the
low second floor wall on the north side, or let us know that the old foundation could be used at
any time as a project-stopper, we would have designed a different house. If we now are forced to
move the entire wall in 4 feet, we will have to endure substantially greater costs, we will lose
over 200 square feet of living area, and the outer appearance of the new house will be
compromised (which will affect resale value).
CITY of ORONO
RESOLUTION OF THE CITY COUNC.IL
NO. -..::;.r;4;..-G7___,61.S-Yl-8-
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2; SECTION 10.56,
SUBDIVISION 16 (L) 2
FILE NO. 02-2753
WHEREAS, Wesley Byrne and Brenda Byrne, (hereinafter "the applicants") are
owners of the property located at 2817 Casco Point Road within the City of Orono (hereinafter "the
City") and legally described as follows: ·
Attached "Exhibit A", Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied for variances to Municipal Zoning ·code
Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) 2 to pennit 3,564 s.f. (31.3%)
hardcover in the 75-250' lakeshore setback where 4,155 s.f. (36.5%) exists and 2,873 s.f. (25%) is
allowed, to pennit additions to the existing house; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2002, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NO,v, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2753.
2. The property is located in the LR-1 C, Single Family Lakeshore Residential Zoning
District where ½ acre is the minimum lot size and 100 feet is the minimum lot v.,idth.
3 .. The Planning Commission reviewed the applic<J.tion for variances and recommended
approval by a vote of 6 to O based on the following findings and hards~ps:
Page 1 of7
B
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 7 P 8
A. Planning Commission finds that a lot width and lot area variance is not
required since the existing house walls and foundation will be used, without
structural repairs. If the walls or foundation are found to require structure
repair or replacement, the property would require an application for
additional variances to lot area and lot width. -
B. The Planning Commission recommended the total lot coverage by structure
shall not exceed 15%.
C. The proposed additions do not require variances for location or size.
D. There is a large driveway and parking area on the property that would be
reduced in size. The total hardcover in the 75-250' setback would be reduced
by 591 s.f.
E. The existing house is located 72' from the street property line requiring a
longer driveway to serve the property. An existing garage is being removed
to allow for construction of a new garage.
F. Applicants have_requested to add to the existing house rather than build a
new structure on the property. Owners have stated the existing foundation
and building will not be removed or altered as part of the remodeling plan.
4. The City Council finds that the conditions existing on this property are peculiar to it
and do not apply generally to other property in this zoning district; that granting the
variances will not adversely affect traffic conditions, light, air, nor pose a fire hazard
or other danger to neighboring property; would not merely s~rve as a convenience to
the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council has considered this application including· the findings and
recommendations of the Planning Commission, reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
Page 2 of7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 7 6 8
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16
(L) 2 to permit 3,564 s.f. (31.3%) hardcover in the 75-250' lak:eshore setback where 4,155 s.f.
(36.5%) exists and 2,873 s.f. (25%) is allowed, to permit additions to the existing house subject to
the following conditions:
1. The existing shed and all hardcover proposed for removal is completed prior to a
. final inspection.
2. Final drainage plans shall be reviewed by the City Engineer to ensure drainage is
properly directed.
3. The property shall be developed in conformance with the site plan attached as Exhibit
B.
4. If it is determined the existing foundation is required to be replaced or repaired, all
variances approvals shall be withdrawn by the City of Orono and a new variance
application shall be submitted by the applicants.
5. Authorities granted by the variances run with the property not with the applicants, but
are permissive only and must be exercised by application for a building permit within
one year of the date of Council approval, or these variances will expire on that date
(March 11, 2003).
6. Violation of or non-compliance with any of the terms and conditions of the variances
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of themselves, their heirs, successors and assigns, hereby
agree to the recording of this resolution in the Chain of Title of the property.
' .
Page 3 of7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 7 6 8
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the I Ith day of March, 2002.
ATTEST:
Barbara A. Peterson, Mayor .
----Applicants
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 11th day of March, 2002 by
Barbara A. Peterson, 1-fayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ALISSA A. WINTERNHEIMER
NOTARY PUBLIC· MINNESOTA
My Commission Exp:r'13 J:a. 31, 2006
The foregoing instrument was acknowledged before me on this / t)'-IF1 day of
tV·rl r ti J , 200~ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
-
/::--",, RACHEL DODGE f ·:.',., :J NOTARY PUBLIC· MINNE~OTA
\;_~;,: / 'My Commi:;sion Expires Jan. 31, 2005 ~==· , ..
,,
'-/< 4 t___ J__,c_,t
Notary P_ublic
Page 4 of7
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this i.[)_ day of Jll /Jr;
_ personally appeared before me,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Nb. ·4 7 6 8
20oz ' _,
_ who is personally known to me v whose idendty I proved on the basis of MU O L
__ whose identity I proved on the oath/affirmation-------~ a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed. 1 ;J <11 / ~
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this / b day of ,Ji/ ;JE!'
_ personally appeared before me,
{___,,{_£_,/Zlk ~
, 2002., 8re nd Q. A. 13LrrA-e-·
_ who is personally known to me ~ whose identity I proved on the basis of ,0;tJ D L-.
__ whose identity I proved on the oath/affirmation _______ _, a credible
witness
and who executed the foregoing instrilment, and acknowledge that he/she/they executed the
same as his/her/their free act and deed. 0 ; · ~~1·
R.:::~··_ Notary~:~~
.... .'.:SOTA
. ~3 Jan. 31, 2005
i-i:;.· ....
Page 5 of7
e DENISE M. LESKINEN
NOTARY PUBLIC. MINNESOTA
My Cc:.fflTisSlon Expires Jan. 31, 2005
. · 4 7 6 8 ;'>,··
LEGAL DESCRIPTION OF PREMISES
Par. 1. A II that part of Lot 120. in Spr·i ng Pork and a II that unp I atted
land and that portion of Lake Shore Avenu~ vacated; lying between Lot
120 of Spring Pork, and the side linesvof 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 Hennepin County, which
lies Southeasterly of a line running parallel with and 5 feet·distant North
westerly frcm the Southeasterly line of said Lot, ard the extension thereof.
Par. 2. Lot 119; Sp.ring ·Park: inc I ud i-ng tha't part ~-f Lak.e Sho~e Avenue vaco ted,
and that port of the land between s~id vacated aven~e and the shore of Lake
Minnetonka lying.between thte side I ines of said Lot 119 extended to the shore
~f Lake Minneton~a, according to the rec~rded plat-thereof .
. ,-..•
Page 6 of7
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t
MINUTES OF THE
ORONO PLANNING COMMISSION
. Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2751 Mark Welch, Continued) ' • ·• t J
I
Weinberger stated that is yet to be determined .
Hawn moved, Smith seconded, to recommend approval of Application #02-2751,
Mark Welch, 3625 North . Shore Dr_iv.e, granting of variances to permit ·construction of a new
residence on this lot based on the structural coverage being under the 1,500 square feet that is
allowed; based on the finding that there are hardships imposed by the land; and that the
hardcover is being reduced in the 0-75' and 75-250' setback; and subject to all of Staff's
recommendations contained in the February 12, 2002 Planner's Report, and further subject to the
relocation of the well in an approved l~cation .. VOTE: Ayes 6, Nays 0. '
(#13) #02 -2753 WESLEY BYRNE, 2817 CASCO POINT ROAD, VARIANCE,
11:30 P:m. -11:41 p.m.
. .
Wesley Byrne, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Wein~,erger stated the Applicant is requesting variances to permit additions and remodeling to the ·
existing .house located on Casco Point Road. The variances being requested would allow for two
additions onto the house. The first would replace an existing attached garage with a 32' by 35' two
story addition. The second addition would be a 20' by 30' attached garage with future living space
located above the garage .. ,.The property .owners only intend to keep the existing house and foundation.
The open p9rc_h, garage, and deck are being removed to make room for the new additio11s.
Weinberger stated the proposed plan would reduce the total hardcover on the property. The driveway
and parking area on the property is proposed to be reduced in size. Weinberger noted the total
hardcover would still be over the 25 percent limit in the 75-250' lakeshore setback, with the Applicants
requesting 32.1 percent hardcover. Weinberger noted the existing hardcover is 36.5 percent. The
Applicants are also proposing to reduce the size of the lakeside deck and remove a shed located near the
street. A sidewalk and wood planter box would also be removed from the west side of the property .
A variance is also required to permit a 9.7' side setback for the residential addition located at the
northeast comer of the new house.
· Weinberger stated Staff.had requested the surveyor to reverify their final calculations to determine the
actual size of the proposed house. The total structure was confirmed to be 2,612 square feet , which is
99 square feet more structure than the property is allowed.
The Applicant pas submitted a hardship statement, noting that they are attempting to protect an 80-year
old oak tree located in the front.
Staff recommends the Applicants reduce the size of the house to not encroach into the side yard
setbacks and meet the 15 percent lot coverage by structure. ·
PAGE32
I•
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 19, 2002
6:30 o'clock p.m.
(#02-2753 Wesley Byrne, Continued)
Byrne stated it was his intention to meet the 10-foot setback and that apparently an error was made
on the plan. Byrne stated he does not have a problem meeting the 10' setback. Byrne indicated he
would be able to meet the 15 percent structural coverage limit by eliminating the outside stairs to the
proposed garage and reducing the size of the house somewhat. Byrne stated they can also reduce the
size of the stairwell.
Hawn inquired whether those changes can be reflected on the plan prior to appearing before the
Council. ·
Byrne stated they can be.
Smith inquired about the use of space above the garage and separate access.
Byrne commented that would be a guest bedroom, noting there is access to the second floor of the
house. Byrne noted he will be removing the stairway to that bedroom.
Hawn stated the only variance required would be the hardcover variance.
Weinberger noted the Applicant has indicated he intends to keep the original foundation, and
recommended that if any work needs to be done to the existing foundation that this issue be revisited.
Fritzler inquired how old the residence is.
Byrne stated it was constructed in 1940.
Hawn moved, Kluth seconded, to recommend approval of Application #02-2753, Wesley Byrne,
2817 Casco Point Road, granting of a variance to hardcover in the 75-250' setback area, with the
understanding the hardcover in that area will be reduced from what currently exists; and
contingent upon the fact that if the existing foundation needs to be replaced or repaired in any
substantial amount that the variance granted be withdrawn and that the plans will be
resubmitted to the Planning Commission and viewed as new construction; and further with the
understanding the side yard setback will be 10' instead of 9.7' and that structural coverage will
not exceed 15 percent. VOTE: Ayes 6, Nays 0.
(#14) #02-2754 MATTHEW AND KATHY DOLLIFF, 2680 PHEASANT ROAD, VARIANCE,
11:42 p.m. -11:44 p.m.
Matthew Dolliff, Applicant, was present.
The Certificate of Mailing and Affidavit of Publication were noted.
Bottenberg stated the Applicant is proposing to construct a 467 square foot addition and 164 square foot
entryway and walk to the residence. The addition and the walk will be located in the 75-250' setback
area and will be on the street side of the residence. The addition will increase the hardcover in the
PAGE33
13 -
TO: G Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator ----
FROM: Paul Weinberger, Zoning Administrator
DATE:
SUBJECT:
February 14, 2002
#02-2753 Wesley Byrne
2817 Casco Point Road
Variances -Public Hearing
Zoning District: LR-IC, One Family Lakeshore Residential District(½ acre)
List of Exhibits:
A Application
B Plat Map
C Survey/Existing Property Conditions
D Survey/Proposed Property Conditions
E Elevation Views
F Main Level Floor Plan
G Hardcover Calculation Worksheets
H Property Owners Notification List
Application Summary
Property owners have requested variances to permit additions and remodeling to the existing house.
'There are two proposed additions to the house. The first would replace an existing attached garage
with a 32' X 35' two story addition. The second addition would be a 20' X 30' attached garage with
future living space located above the garage.
The property owners only intend to keep the existing house and foundation. The open porch, garage,
and deck are being removed to make room for the new additions.
Pertinent OrdinancesN ariances requested
1. Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2). Total proposed
hardcover exceeds allowed hardcover by 813 s.f.
75-250 Lot Area= 11,375 s.f.
Existing Hardcover= 4,155 s.f. (36.5%)
Proposed Hardcover= 3,657·s.f. (32.1 %)
Allowed Hardcover = 2,844 s.f. (25%)
As a result of the proposed plan the total hardcover on the property would be reduced
There is currently a large driveway and parking area on the property that would be reduced
in size. The total hardcover is still over the 25% limitation in the 75-250' lakeshore setback
requiring the variance.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 1 of4
Other hardcover removals include reducing the size of the lakeside deck, removal of a shed
located near the street, an open porch on the streetside of the house would be removed for
the garage addition, and a sidewalk and wood planter box would be removed from the west
side of the property.
2. Section 10.24, Subdivision 5 (B). To permit a 9.7' side setback for the residential addition
located at the northeast comer of the new house .
. _
1
J. • ,':, ,light!) ,,, , ' '.~::..,,)!/JI• r 1
,:
caused the corner of the house to encroach into the required setback. It was not until after
the house was designed and drawn on the survey that the encroachment was discovered.
3. Section 10.03, Subdivision 14 (C). The proposed lot coverage by structure is 2,612 s.f.
(15.6%). The Zoning Code permits up to 15% of the lot area to be used for structure on the
property. The total lot area is 16,750 s.f., which allows a total of 2,513 s.f. (15%) of lot
coverage by structure on the property.
Lot coverage by structure ordinances were adopted to preserve space between buildings and
regulate the massing of structures. Additional structure also contributes towards additional
hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to
infiltrate into the ground.
Staff had requested Gronberg and Associates, surveyor/engineer, to reverify their final
calculations to determine the actual size of the proposed house. The total structure was
confirmed to be 2,612 s.f which is 99 s.f more structure than the property is allowed.
Statement of Hardship
Applicant has included a hardship statement that is included as part of Exhibit A. To summarize the
hardship the property owners state they are expanding the house to be comparable to other houses
in the neighborhood, and they are adding to the existing house closer to lake rather thantowards the
street to protect an 80 year old oak tree.
Site Drainage
Staff received the final site grading and drainage plans on February 14th and have not had an
opportunity to complete review as of the date of this memo. Any recommendation ofapproval shall
require additional City Staff review of the plans prior to any Council action.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 2 of 4
PLANNING COMMISSION OPTIONS FOR ACTION
1. Approve variances noted above
2. Table
3. Deny, stating reasons
4. Other Action
Staff Recommendation
Staff has recommended the applicants reduce the size of the house to not encroach into the side yard
setbacks. Staff also recommends the additions be reduced in size to not exceed 15% lot coverage
by structure. Staffs opinion is the hardship statement does not support a structural lot coverage
variance and a side setback encroachment.
As noted above, the City looks at what is best for the long term plan for the City. When ordinances
were adopted for structural lot coverage the City adopted this to limit the amount of development
in neighborhoods, and create space between buildings. Additional structure also contributes towards
additional hardcover which can negatively impact water quality by not allowing storm water to run
across natural ground surface. The concept is to allow storm water to be slowed and to infiltrate into
the ground.
Property owners and Planning Commission may want to consider additional hardcover removals on
the property, notably the 0-75' lake setback zone.
A review of the final grading and drainage plan will determine if the lot can accommodate the
proposed additions. A copy of the plan has been forwarded to the City Engineer for comment.
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 3 of 4
Lot Area:
LR-IC
Required
Actual
Structural Coverage:
Total Lot Size
16,750 s.f.
Hardcover Calculation:
Distance from
shoreline
0-75'
75-250'
250-500'
#02-2753 Wesley Byrne
2817 Casco Point Road
February 19, 2002
Page 4 of 4
Total area
in setback
4,875 s.f.
11,375 s.f.
500 s.f.
ANALYSIS WORKSHEET
Lot Area '
I I
I I
16,750 s.f. (0.77 acre)
Total Structural Coverage
Allowed: 2,512 s.f. (15%)
Existing: 2,044 s.f. (12.2%)
Proposed: 2,612 s.f. (15.6%)
Allowed Existing Proposed
hardcover hardcover hardcover
0 s.f. 462 s.f. (9.4%) 462 (9.4%)
2,843 s.f. (25%) 4,155 s.f. (36.5%) 3,657 s.f. (32.1 %)
150 s.f. (30%) 138 s.f. (27.6%) 119 s.f. (23.8%)
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00 ·
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION .
Site Address ). 'i I 7 G:zsev f o ~ rt f Roa J
Application# 0c) -;J753
Date Received . Ir d-3-0:L
Amount Paid 4Jfii). oo
Property Identification Number (P.I.D.) _________________ _
Attach legal description to application if not included on required survey.
Date P~~ Acquired __ -(p __ /,___,_(4-/ ___ · ___________ (month/year)
I (do) ~ also own the adjacent parcels of land.
Present use of property: _0esidential __ other (specify) _________ _
Zoning District: ·
Front Side
Phone (home) fS-)-1/7/' 7173
Phone (work) 1>')., -Y? I -Oo I 7
City: lJal 'Z-d ttf'-(o,-o ... o) Zip: s-s Jr I
Rear _ Average Lakeshore
~.;\_:, __ Other (specify) -------,-. ___________________ _
'j~SIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
A
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: Tt ,' v,· ,;;: c J -..) lo
/4 •~ lkvt ~ll
(attach additional shee
. ti.<: r;~cvtz.{ of tl.k . f(O r~ ()IJ Od.¥-free, as.J
vi'ev ef .fl_ neJA/;;or,;.,. Tl,t: /011 ;<! 1.v0utJ Jt,o-i-
/2.,..1..e-> c:::>'t Ot.: V 5;)e. or fl_ ,;; fr~e..-f-.
~u rJ ~v~r h /oc.k tit
le.. ~(Ji..J w,~f-~ ~ oi-l,,,-
6
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 Co~ty Department of
Finance, A-603, Govt CeAl~t, 348-5910). DtZv:,J -d~ e,,( It,,_.,_,~
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. 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 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.
Applicant's Signature ~ C ~____., =-< Date /-J. 3 -DJ__
O\.VNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of investigation and verification of this request.
Owner's Signature ~ ~ C◄ ~~ Date /--J-J --D .i-
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.
;, ......... -··l
• : ••• .-J,,,,." .. :,,,/'
[3
:2.o-/17-23-@
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Wednesday, January 22, 2003
6:30 o'clock p.m.
(#4) #02-2753 W.ESLEY BYRNE, 2817 CASCO POINT ROAD, PLAN REVISIONS 7:19-7:45
P.M.
Wesley Byrne, the Applicant, was present.
Gaffron explained that the applicant was granted a 75-250' hardcover variance in March 2002 for major
additions to the existing residence . The variance was granted based on a finding that the existing
residence building and foundation would not be altered as part of the remodeling , and that no lot
area/width variances were necessary because the existing house walls and foundation would remain,
without structural repairs . Gaffron felt that during the February 2002 review, it was not clear that the plan
as approved required raising of the second story roof a few feet.
Gaffron continued that a condition of the approval was that if it was determined the existing foundation
was required to be replaced or repaired, all variance approvals would be withdrawn and a new variance
application submitted.
After being issued a building permit in June of 2002, the building inspector only recently noted that while
the additions were progressing, the second story of the residence has now been completely removed,
including the portion encroaching past the side setback. Furthermore, Gaffron noted the inspection
department questioned the integrity of the portion of foundation below the first story wall with
substandard setback, to which the applicant has hired a structural engineer to review the situation .
Gaffron pointed out that replacement of the removed second story in the substandard setback clearly
requires a variance that was not addressed in the original approval. In addition, the removal of portions of
the existing: house and the need for substantial work on the foundation, triggers the need for further City
review. Gaffron questioned whether the remodeling/addition process has resulted in removal of so much
of the existing residence that the project should be considered as a total rebuild, requiring all setbacks to
be met. He also questioned whether allowing the second story to be put back in the substandard setback
should be an option at all.
Byrne stated that his intent from the beginning has beeh to work with City staff. He acknowledged that,
in hindsight , he should have considered bulldozing the entire home and started fresh, as many new issues
continue to arise. The structural engineer looked at and discovered some obvious rot issues and repair
work that needed to be done. At this point, Mr. Byrne asked the Commission to grant him a setback
variance, as it would be very costly to change the design now. Had he realized this a year ago, Byrne
stated he would have designed the home differently.
Chair Smith noted that the February 2002 Minutes address the rieed to readdress the foundation issue at a
later date if it became an issue.
Byrne reiterated that had he known the foundation would become an issue he would have done things
differently.
Rahn was surprised that the foundation stability had not been addressed earlier, prior to or during
construction. He stated that, in his view, this project is a rebuild and was a rebuild from the start. The
only thing he was not clear on was the need for a raised roof, which he felt , further encroached into the
side setback by massing the encroachment.
PAGE 5 of29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Wednesday, January 22, 2003
6:30 o'clock p.m.
(#02-2753 WESLEY BYRNE, Continued)
Byrne indicated that the design with the 8' roofline as part of the plan has remained the same throughout
the project.
Had the Commission understood the raised roof at the time, Rahn believed this would have triggered the
need for another variance. He questioned why there always seems to be the need for an after the fact
variance with rebuilds.
Hawn inquired whether the tight side-loading garage was ever considered to be a problem.
Gaffron indicated that the driveway retaining wall would need to be 5' from the lot line for maneuvering
in and out of the garage and driveway.
Kelly Wolvey, 2815 Casco Point Road, stated that she and her family moved in last April and have no
concerns or issues with the addition. She added that they were happy to see Byrne improve his property
and did not have concerns that it fell 4' from the property line. As this was unintentional on Mr. Byrne or
the City's part, her only concern was, if Mr. Byrne were forced to redo his plans, the home would have
little character and be extremely long to fit on the lot in order to meet setbacks.
Fritzler also viewed the home as a total rebuild and asked what would be required if the applicant were
forced to go back to square one.
While Hawn concurred, she empathized with the applicant's unintentional error.
Mabusth pointed out that staff and building inspectors had looked at the project all along with him. She
felt the City was a bit remiss, now after many months into construction, only revisiting the topic now.
Byrne acknowledged he is seven months into construction, of which now he is delayed and will be costly
to him.
Whether or not the foundation needs to be repaired or rebuilt, Rahn questioned if the applicant could
maintain the original 5' wall height versus the proposed 8' wall. Since the City is constantly dealing with
massing issues, he believed holding the construction to what it was originally could be an acceptable
compromise.
If the applicant were denied the variance, Zugschwert asked what he would have to do next.
Byrne stated that, as he understood it, he would have to remove 4' from his first floor and lift up the porch
room over the basement. Gaffron added that, as well as, redesigning the baths, stairways, etc.
As blame existed on both sides, Hannaford found it difficult to force the applicant to redesign his whole
plan due to misunderstandings.
Hawn concurred with Rahn to keep the knee wall at 5' versus 8'.
Gaffron drew a jog on the overhead to reflect the revised setback and wall height.
PAGE 6 of29
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
\Vednesday, January 22, 2003
6:30 o'clock p.m.
(#02-2753 WESLEY BYRNE, Conti:µued)
Hannaford clarified that, all the City was asking for was the applicant to redesign his plan to reflect a
small jog on the second story.
Rahn moved, Mabusth seconded, to approve Application #02-2753, Wesley Byrne; continuing the
Variance for 2817 Casco Point Road allowing the work to continue with no further variances than
what was prior approved, with wall and foundation repair/replacement to bring it back to no larger
than its pre-existing state. VOTE: Ayes 6/1, Hannaford dissenting.
Hannaford was not in favor of requiring a redesign by the applicant.
NEW BUSINESS
(#5) #02-2856 ANDREW AND TRACEY RASCHER, 4705 NORTH SHORE DRIVE, VARIANCE
7:46 -7:50 P.M.
Andrew Rascher, Applicant, and a representative from Home Depot, were present.
Planner Chaput explained that the applicants have requested variances from the average lakeshore
setback, the 75' structure setback from the OHWL of Lake Minnetonka and for hardcover in the 0-75'
lakeshore setback zone in order to replace an existing second story deck attached to the residence. The
existing deck is rotting and has become a safety issue for the owners. Currently, the deck encroaches 71'
into the average lakeshore setback and is 67' from the OHWL of Lake Minnetonka.
Chaput pointed out that issues for consideration include the fact that the deck has existed for many years
and the proposed deck will not increase the existing square footage of hardcover, change the setback from
the OHWL nor the average lakeshore setback. She added that the deck would continue to provide a
landing for two sliding glass doors located lakeside and would not infringe negatively any of the
neighbors' views of the lake. Chaput reported that staff recommends approval of the variances necessary
to replace the existing deck.
Mr. Rascher pointed out that the existing deck is rotting and has been a safety concern for his family. He
currently has a mesh netting in front of the railing to ensure safety, as the railing itself is not stable.
Mabusth noted that that no impact on neighboring views would be caused by the replacement.
There were no public comments.
Fritzler asked if the lower screening would remain and what materials the deck would be made of.
A representative from Home Depot, explained that the lower screening would remain and the upper deck
would be a rail craft system with metal and glass panels.
PAGE 7 of29
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of#02-2753, as mailed to the attached list of
property owners.
In Witness Whereof, I have hereunto set my hand and seal this 15 th day of January, 2003.
L~~
Denise M. Leskinen
/}
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952)249-4600 Fax (952)249-4616
NOTICE
The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley
Parkway on Wednesday, January 22, 2003 to reconsider application #02-2753, the previous
approvals granted in March 2002 to Wesley Byrne for additions and remodeling of the property at
2817 Casco Point Road. Reconsideration is principally due to the need for a side setback variance
for replacement of removed structure not originally intended to be removed.
The meeting starts at 6:30 p.m. All persons wishing to be heard will appear at this time. Written
comments are solicited.
City of Orono
By: Planning Commission
Michael P. Gaffron, Plailliing Director
ORONO PLANNING COMMISSION
Wednesday January 22, 2003 6:30 PM
2750 Kelley Parkway -Council Chambers
AGENDA
Council Representative: Mayor Peterson
AUDIENCE MEMBERS:
Please sign in for the public record at the front podium if you wish to address the Planning
Commission. Applicants will be asked to move to the front table to answer questions when the
Chair announces the application. The Planning Commission is an advisory body to the City
Council. If action is taken on any items on this agenda, they will be scheduled for the February
10, 2003 City Council meeting unless otherwise noted by the Chair.
CONSENT
L #02-2855 Kevin Garnett 450 Orono Orchard Road Renewal CUP/ Variance
(Staff: Wendy Bottenberg)
2. #02-2850 John and Patricia Walker 1318 Spruce Place Variance
(Staff: Wendy Bottenberg)
OLD BUSINESS
3 . #02-2854 Kevin Manley 1973 Fagerness Point Road CUPNariance
(Staff: Mike Gaffron)
4 . #02-2753
NEW BUSINESS
Wesley Byrme 2817 Casco Point Road Plan Revisions (Staff: Mike Gaffron)
;
5. #02-2856 Andrew and Tracey Rascher 4705 North Shore Drive Variance
(Staff: Jennifer Chaput)
6. #02-2857 Cynthia Piper 1125 Spring Hill Road CUP (Staff: Jennifer Chaput)
7. #02-2859 Blake and Mary Bichanich 332 Westlake Street Variance
(Staff: Jennifer Chaput)
8. #02-2860
9. #02-2861
10. #02-2862
11. #02-2863
Sunstate Concepts, Inc. 1955 Heritage Drive Variances (Staff: Mike Gaffron)
Erik Thompson 1940 Concordia Street Variances (Staff: Wendy Bottenberg)
Steven Gronwall 1586 Long Lake Blvd. Variance (Staff: Wendy Bottenberg)
Richard Kail 3753 Casco Avenue Variances (Staff: Wendy Bottenberg)
PLANNING COMMISSION COMMENTS
12. Report of Planning Commission representatives attending Council meetings December 9,
2002 and January 13, 2003.
13. Other issues for discussion.
14. Planning Commission approval of minutes for November 18, 2002.
15. Selection of representatives for City Council meetings on January 27, 2003 and February 10,
2003.
ADJOURNMENT
Smoo'th Feed Sheets™
38 20-117-23 32 0006
Mark E. & Patricia A Thompson
2824 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0009
Ronald & Margaret Demshar
2821 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23320012
J. L. Stern
2813 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0016
Thomas B. King
2800 Casco Point Rd.
Wayzata, MN 55391
.AVERY® Address Labels
38 20-117-23 32 0007
Bryce E Peterson and
Mary Pat Peterson
2829 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0010
Wesley C. Byrne & Brenda Byrne
2817 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0013
Theresa A. Norsted
2811 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23320017
Tammy L. Woodis
2818 Casco Point Road
Wayzata, MN 55391
Use template for 5160®
38 20-117-23 32 0008
David J. Yorks
2825 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0011
Kurt and Kelle .Bowe
2815 Casco Point Rd.
Wayzata, MN 55391
38 20-117-23 32 0014
John M. & Patricia S. Bailey
2807 Casco Point Rd.
Wayzata, MN 55391
Laser 5960™
ORONO CITY COUNCIL MEETING
MONDAY, JANUARY 13, 2003
PARK COMMISSION COMMENTS-SHEROKEE ILSE, REPRESENTATIVE
Continued
The Hackberry ball fields were handled in the fall and are finally done properly thanks to
City staff.
Moorse stated that although Mr. Anderst had not yet _ arrived, Police Officer Kurt Erickson
had to leave to attend another meeting. Council decided Officer Erickson was not needed
for Item 3 as his memo was sufficient in explaining the case.
PLANNING COMMISSION COMMENTS
None.
PUBLIC COMMENTS
None.
ZONING ADMINISTRATOR'S REPORT
*5. #02-2753 Wesley Byrne, 2817 Casco Point Road-Plan Revisions-Refer to
Planning Commission
Murphy moved, and Sansevere seconded, to re-open application #02-2753 and refer it
to the Planning Commission for further consideration.
Vote: Ayes 4, Nays 0.
*6. Adoption of Stormwater Management Plan-Resolution No. 4911
Murphy moved, and Sansevere seconded, to adopt Resolution No. 4911 adopting the
City of Orono Surface Water Management Plan.
Vote: Ayes 4, Nays 0.
7. Consideration of Old Long Lake Road Sewer Request
Gaffron stated that they were looking for direction from Council. Mr. Jacques bought a
substandard lot with a bad septic system. He tore down the home and made the necessary
applications for variances to rebuild, then found that there would be problems with getting
septic onto the site. The system he could use, would not meet the needs of the size house
he plans to build. His request for septic system approval for the new residence was
3
REQUEST FOR COUNCIL ACTION
-CONSENT AGENDA -
Department Approval: Administrator Approval:
Name:
Title: Planning Director
Date: January 9, 2003
Item No.:
Agenda Section:
Zoning
Item Description: #02-2753 Wesley Byrne, 2817 Casco Point Road -Plan Revisions -
Referral to Planning Commission
List of Exhibits
A -Resolution No. 4768
B -Survey
C -House Plans & Elevations
The applicant was granted a 75-250' hardcover variance in March 2002 for major additions to the
existing residence. The variance was granted based on a finding that the existing residence building
and foundation would not be altered as part of the remodeling, and that no lot area/width variances
were necessary because the existing house walls and foundation will remain, without structural
repairs.
A condition of approval was that if it is determined the existing foundation is required to be replaced
or repaired, all variance approvals will be withdrawn and a new variance application submitted. Not
discussed in the approvals was the fact that a portion of the existing house was 6' from the side lot
line where a 10' setback is required.
Applicant was issued a building permit in June 2002. The building inspector recently noted that
while the additions are progressing, the second story of the existing residence has now been
completely removed, including the portion encroaching past the side setback. Further, it has been
determined that the portion of foundation below the first story wall with substandard setback is not
adequate to support the first floor without major repairs, much less replacement of the second story.
Replacement of the removed second story in the substandard setback clearly requires a variance.
Furthermore, per the approval resolution conditions, the removal of portions of the existing house
and the need for substantial work on the foundation, triggers the need for further City review. The
underlying issue is whether the remodeling/addition process has resulted in removal of so much of
the existing residence that the project should be considered as a total rebuild, requiring all setbacks
to be met.
#02-2753 Byrne
2817 Casco Point Road
January 9, 2003
Staff Recommendation
Staff has allowed the applicant to continue work only on those portions of the house and additions
that are structurally unrelated to the encroaching portions of the existing house. The primary issues
that need further City review are:
1. Whether the second story encroachment can be replaced at the 6' setback;
2. Whether the first story encroachment should be allowed to continue at the 6' setback, given
that its foundation needs to be replaced.
Staff is treating this as a re-opening of the previous variance approval application. In order to
expedite the review process, staff recommends that the application be referred to the Planning
Commission for consideration at its January 22 meeting, with the intent to have this back on
Council's January 27 agenda to consider the PC recommendation and take final action.
COUNCIL ACTION REQUESTED
Re-open application #02-2753 and refer it to Planning Commission for a recommendation.
Optionally, Council may wish to remove this item from the consent agenda and discuss the matter
with the applicant, who has indicated he will be present at your January 13 meeting.
Proposed Motion: Moved by_, seco11ded by_, to re-open application #02-2753 a11d refer it
to the Planning Commission further consideration.
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CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
REQUEST FOR FURTHER INFORMATION
January 30, 2002
Mr. Wesley Charles Byrne
2817 Casco Point Road
Wayzata, MN 55391
SUBJECT: Zoning Application #01-2753
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within ten (10) business days as to the status of your
variance application for property located at 2817 Casco Point Road.
The City of Orono is requesting the following information to complete review of the request.
□ Five original copies and one reduced (8 ½ X 11 or 11 X 17) survey of the property including
site topography at 2' elevations, indicating proposed grade changes and drainage plans.
□ The City of Orono is also requesting a written statement by a structural engineer regarding
the condition of the existing foundation. Any structural work to the foundation will result
in additional review and variances. The purpose of the written statement is to indicate the
existing foundation is adequate to support the proposed remodeling of the structure. If there
is no work proposed for the existing foundation, a statement will not be required.
Application #01-2753 is incomplete. If you wish to proceed with your application please submit all
items requested above by February 5, 2002 to remain on the February 19, 2002 Planning
Commission agenda. Please call me at (952) 249-4600 should you have any questions.
Sincerely,
Pcu.J-LJ~,~~
Paul Weinberger
Zoning Administrator
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
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CITY of ORONO
P.O. BOX66
CRYSTAL BAY. MINNESOTA 55323
Mr. Wesley Charles Byrne
2817 Casco Point Road
Wayzata, MN 55391
\j!N 30 ·oz )
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Application# O c} -;)153
Date Received / ~~3 -0:;L
Amount Paid {!J.51). ~
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address ) 'I I 7 Ca,s co /> o J ,1 f Rocul
Property Identification Number (P.I.D .) __________________ _
Attach legal description to applicc:J,tion if not included on required survey.
Date P~~ Acquired __ =tp_,/'---'-f_,__/ ______________ (month/year)
I (do) ~ also own the acljacent parcels of land .
Present use of property : __0esidential __ other (specify) _________ _
Zoning D istrict: ·
APPLICANT
Name W e:, lc.r c~ay-Ju. /Jyr n e__
Address: ;). 3 I 7 Cu co /}r'" t: &,a) City:
Phone (horn~) 15-)-1/7/,,. 7r 73
Phone (work) 1s-J., -i7 I -Oo I 7
lJay '2--d.h:< (r.:;),'o><-o ) Zip: 5 -,s-Jr I ( 7
OWNER (if different than applicant) Phone (home) _______ _
Phone (work) --------City : ________ Zip: ___ _
Setback: Front Side Rear _ Average Lakeshore
Other (specify) _______________________ _
~~A~~SIDP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements : Tlie-, J . .j 1-o
I<. if L,,_
(attach additional sheet
· tfe r ~/1,..ov a..( of tt "' l'O y t!4r' old od.k. fr ee-ti h.,l ~ ~ rJ fw V fl,liV. h lo c_f< t i e-
v i' ev t? ·Hui-n eyA /;;o v-.;., T/,c. 4ok >e lt)Ou.tJ f/o +
4,,.,A...e-:, t>'l tl LcV' 5<J~ Or f l_ ~fr e.-e--f-.
&c:_ ~ 'j 'I,, el w i f ~ --;--k.. o rfl~--
6
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 Cetl't~f348-5910). J\v<,) -1L~ uift T1,,0 •• ,l'--;
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. 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 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.
Date _---J/,___-_1-_3_-_0__;;_)-__
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.
Owner's Signature ~4 C➔ ~~
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.
7
Adjacent Property Owners' Acknowledgement Form
I (we) -~q14J rrl~ 1>eu.Jio(L a:fi;t,/ G;,oec w ~
[print name(s)] [print address]
have reviewed the plans fo~e proposed improvement or proposed use of the property located
at 88/J ~~ pf lso referred to as Land Use Application No. ____ .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapp val of the property or use but merely to confirm for the City
Council t at I (we) am (ar aware of the improvement plans artd that the proposed neighbor's
proje t or se require C cil approval.
/t
Property Owner Date I f
I -?-o ~ ~
I
Date
******************************************************************************
I (we) _____ 5_01_t,,_/o--"--'r-----of l <f/,; Ca,«> ft 10r Aovr_,:{
[print name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located
at l 't/7 Lasc.0 /4,w AJ. also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to
declare approval or disapproval of the property or use but merely to confirm for the City
Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's
project or use requires Council approval.
Property Owner Date
Property Owner Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days
prior to the scheduled meeting date.
8
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HARDCOVER CALCULATION WORKSHEET rev. 1-28-oz
SETBACK ZONE: (CffiCLE ONE) ~ 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X S.F.
Length Width
X = S.F.
X = S.F.
X S.F.
B. Garage X S.F.
C. Driveway X = S.F.
X S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck /JA"rl ~ X = 2(1.. S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X S.F.
Or Fabric 5TE° i' 5 l'-t) f-<J /S2.
G. Other t,(,l,IU,,S X t.; 9 S.F.
TOTAL HAfillCOVER fN ZONE 1/ 6 2. S.F. A
TOTAL PROPERTY AREA IN ZONE 1/.J>7S S.F. B
A B X 100 = 't 't8 %
PROPOSED HARDCOVER IN ZONE.
A. House X S.F.
Length Width
X = S.F.
X = S.F.
X ·s.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk
.5 A /11. f" Al Afi41/f
S.F. X -
X = S.F.
E. Patio/Deck X S.F.
X S.F.
F. Landscape X S.F.
Underlain X S.F.
By Plastic X = S.F.
Or Fabric
G. Other X = S.F.
TOTAL HAfillCOVER fN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A B X 100 = %
.. . . ---
I , v ✓"ifi
(fr--
I \ -Y q ( ,,, a a ,v-
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t(,)("J &''1,f.M€ /O-t-ao
HARDCOVERCALCUL~ORKSHEET l"FV I-l8 ~o 2.
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = /..SZI S.F.
Length Width
X = S.F.
X = S.F.
,IJP/,l. C/-1 X = 2. 'i.5. S.F.
511151) G't B. Garage X S.F.
·c. Driveway X L23J. S.F.
X S.F.
D. Sidewalk (J + 71 X = L1Y S.F.
X = S.F.
E. Patio/Deck ~f"(K X = 2t> <J S.F.
X
.. = S.F .
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other WAlt..f' X = ljy S.F.
TOTAL HARDCOVER rN ZONE ~t.SS S.F. A
TOTAL PROPERTY AREA IN ZONE /I., 1.2s S.F. B
A -'-B X 100 Jc s-J %
PROPOSED HARDCOVER IN ZONE.
A. House X = ·ZSOI S.F.
Length Width
X S.F.
X = S.F.
X ·s.F.
B. Garage X = S.F.
C. Driveway X = 104S-S.F.
X = S.F.
D. Sidewalk X = S.F.
X S.F.
E. Patio/Deck X = l 11 S.F.
X S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER IN ZONE 365] S.F. A
TOTAL PROPERTY AREA IN ZONE 111 37S-S.F. B
A B X 100 = 32,IS: %
13
Wf"f ll 'rtf u€ /1?-('-oo
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CffiCLE ONE) 0-75' 75-250' <l§_o-5oo') 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
·c:. Driveway X = 1_28 S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X S.F.
X = S.F.
F. Landscape X S.F.
Underlain X S.F.
By Plastic X = S.F.
Or Fabric
G. Other WALL X ·= /0 S.F.
TOTAL HARDCOVER IN ZONE 138 S.F. A
TOTAL PROPERTY AREA IN ZONE StJO S.F. B
A B xlOO 2 7. (0 %
PROPOSED HARDCOVER IN ZONE.
A. House X S.F.
Length Width
X = S.F.
X = S.F.
X = ·s.F.
B. Garage X = S.F.
C. Driveway 102 Ri:VISE"C>
X ~I-DRIVEWAY X =
D. Sidewalk X S.F.
X = S.F.
E. Patio/Deck X S.F.
X = S.F.
F. Landscape X S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other W,{l,L X = /0 S.F.
TOTAL HARDCOVER IN ZONE I ( ~ S.F. A
TOTAL PROPERTY AREA IN ZONE 500 S.F. B
A B X ]00 = 23,8 %
If ~
13
-:-s /.i Y ~ N' € 10-t··oo
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CillCLE ONE) ~ 75-250' 250-500' 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck /J/1-;/ a X = 26"1 S.F.
X S.F.
F. Landscape X = S.F.
Underlain X S.F.
By Plastic X S.F.
Or Fabric 5TEf'..f' l'-t)r"J /52.
G. Other t(,/,1(.,(... 5 X = 'i 9 S.F.
TOTAL HARDCOVER IN ZONE '762. S.F. A
TOTAL PROPERT'f AREA IN ZONE 1/,? 7 S S.F. B
A B X !00 ·-7. '-18 %
PROPOSED HARDCOVER IN ZONE.
A. House X = S.F.
Length Width
X = S.F.
X = S.F.
X = ·-s.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X S.F.
D. Sidewalk X S.F.
X S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A B X !00 = %
/ W~J ~'1 l</4/€ /o~ t-o o
HARDCOVERCALCUL~VORKSHEET .
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000'
,f EXISTJNG HARDCOVER IN ZONE
., A. House X = /..SZI S.F. I Length Width
X = S.F.
X = S.F.
/IP,t ~/-I X = 2.':1..5 S.F.
5/.lf/) ~'t B. Garage X S.F.
C. Driveway X L't.33 S.F.
X S.F.
D. Sidewalk (J ~ 71 X LJ.Y S.F.
X = S.F.
E. Patio/Deck L'l ~( I< X = 2t>? S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other WAllf' X ljy S.F.
TOTAL HARDCOVER IN ZONE ~t.S-5 S.F. A
TOTAL PROPERTY AREA IN ZONE /I., '1.2S S.F. B
A B X 100 = Jc. 5'3 %
PROPOSED HARDCOVER IN ZONE.
A. Ho,tse X = S.F.
Length Width
X S.F.
X = S.F.
X ·s.F.
B. Garage X = S.F.
C. Driveway X = S.F.
X = S.F.
D. Sidewalk X = S.F.
X = S.F.
E. Patio/Deck X S.F.
X S.F.
F. Landscape X S.F.
Underlain X = S.F.
By Plastic X = S.F.
Or Fabric
G. Other X S.F.
TOTAL HARDCOVER IN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A B X 100 = %
W~J &'t"{(AJ€ /L/-(-dCJ
HARDCOVER CALCULATION -YVORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~o-5oo!) 500-1000'
EXISTING HARDCOVER IN ZONE
A. House X = S.F.
Length Width
X = S.F.
X S.F.
X == S.F.
B. Garage X S.F.
C. Driveway X /..ZB S.F.
X S.F.
D. Sidewalk X == S.F.
X == S.F.
E. Patio/Deck X S.F.
X == S.F.
F. Landscape X == S.F.
Underlain X == S.F.
By Plastic X S.F.
Or Fabric
G. Other WA'--'-X ·= /0 S.F.
TOTAL HARDCOVER IN ZONE 138 S.F. A
TOTAL PROPERTY AREA IN ZONE StJO S.F. B
A B X 100 == 2 7, 6'0 %
PROPOSED HARDCOVER IN ZONE.
A. House X S.F.
Length Width
X S.F.
X == S.F.
X == "S.F.
B. Garage X == S.F.
C. Driveway X == S.F.
X = S.F.
D. Sidewalk X == S.F.
X S.F.
E. Patio/Deck X S.F.
X S.F.
F. Landscape X S.F.
Underlain X == S.F.
By Plastic X == S.F.
Or Fabric
G. Other X S.F.
TOTALHARDCOVERIN ZONE S.F. A
TOTAL PROPERTY AREA IN ZONE S.F. B
A B X 100 %
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CASCC:O: W1C:!1~JT' ROAD:
CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
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.
3.
4.
5.
6.
You may refuse to supply data, but refusal may require that the City deny the permit
or license.
The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
If your requested permit or license requires Council action to approve, some
information may become public.
You have certain rights under M.S. 13.04 (see following page) to review private data
on yourself.
Your full name is required to process this application or permit.
Ives ley
First Middle I Last
).r,Lz Ca .Sc..,o l' or,-..; ,k,()_{t J
Address
~lay-~tu. /1v' ~~31/
City State Zip
I understand my rights as stated above.
~ c~ ignature
.".{~i~r;r1
' 1
1
Telephone (612) 249-4600 • Fax (612) 249-4616
fy)-Y?l-?f73
Phone
9
SignatureSec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms.
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored . data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be informed of the content and meaning
of that data. After an individual has been shown the private data and informed of its meaning,
the data need not be disclosed to him for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the individual has been collected or
created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 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.
10
I .
.----------------.... --------------------------------~
Hennepin County Taxpayer Services Department
f [ ,. "'"•, t·,
• I '·' Q
-::2_o-117-.2 3-@
I
Parcel Information
I
~reel ID 2011723320010
House Number 2817
Street Name CASCO POINT RD
This is not a legally recorded map . It represents a compilation of information
and data from City, County, and State road authorities and other sources .
RUN DATE 01/18/02
BATCH 505
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 32 0006
02824 CASCO POINT RD
MARKE & PATRICIA A THOMPSON
MARKE & PATRICIA A THOMPSON
2824 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0009
02821 CASCO POINT RD
RE DEMSHAR & MM DEMSHAR
RONALD & MARGARET DEMSHAR
2821 CASCO POINT RD
WAYZATA MN 55391
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 0016
02800 CASCO POINT RD
THOMAS B KING
THOMAS B KING
2800 CASCO POINT ROAD
WAYZATA MN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 '20-117-23 32 0007
,02829 CASCO POINT RD
BE PETERSON & MP PETERSON
BRYCE E PETERSON AND
MARY PAT PETERSON
2829 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0010
02817 CASCO POINT RD
WESLEY C BYRNE
WESLEY C BYRNE
2817 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 32 0015
02811 CASCO POINT RD
THERESA A NORSTED
THERESA A NORSTED
2811 CASCO POINT RD
WAYZATA MN 55391
38 20-117-23 52 0017
02818 CASCO POINT RD
TAMMY L WOODIS
TAMMY L WOODIS
2818 CASCO POINT ROAD
WAYZATA MN 55391
REPORT NO. PI435401
PAGE 12
38 20-117-23 32 0008
02825 CASCO POINT RD
DAVID J YORKS & WIFE
DAVID J YORKS
2825 CASCO POINT ROAD
WAYZATA MN 55391
58 20-117-23 32 0011
02815 CASCO,POINT RD
G & C SCANLON
GENE & CATHERINE SCANLON
2815 CASCO POINT ROAD
WAYZATA MN 55391
38 20-117-25 52 0014
02807 CASCO POINT RD
J M & PS BAILEY
JOHN M & PATRICIA S BAILEY
2807 CASCO POINT RD
WAYZATA MN 55391
TOTAL BATCH 505 00011
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 PROPERTY TAXATION, TO THE,-,BEST
OF MY KNOWLEDGE AND BELIEF.
DATE/-z..z..~ozB
TRACKING SHEET
FILENO. oa-c?~
Staff: -----
Ap~lic3:nt: Wesley Charles Byrne
· ·. 2817 Casco Point Rd.
Address: _·_· Wayzata, MN 55391
0 Meeting with Staff: ----------
□ Date Application Completed: 2 -/ L/-0 "2...
0 Incomplete Notice Sent: i-30 ;_ 0 2..
" , I
60 Day: '-/ -/ S'-0 -Z..
. ',
0 Date Property Owners Notified: -2.-8'-D L. .,_.. {-/ ~, -03
0 Date Legal Notice Published: 2. -2 -0 2...
□ PC Meeting(s): "2-\ ci-0'2.. Vote: b-o· AP'~ \I .·
Vote: -----
Vote: -----
0 Notice of PC Action: ----------3-L/-0'"'2....
□ City Council Meeting(s): --------3-I B-O"L Vote: _lj-'-'--_--_C) __
: Vote: ------=-·
2 -/0 -02-Vote: 5 -0
D Resolution ~ 410 ~
* ~q zt-/
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