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HomeMy WebLinkAboutProject Packetr, acite I J 7-24 -$7 Foo 206 Receipt pr Initials CITY or MAW - VARIANCE AP LI TION Initial Application Fee $150.00 ($50.00 per each additional variance) Renewal Variance Fee $75.00 (no change from original application) After -the -Fact Fees (Double application fee) --------------------------------------------------------------------------- PROPERT! LOCATION Site Address Property Identification Number ( P. I . D. )G" Please check one - Is the property abstract or torrens? "I 1 ► OF ' r101,10 1 I r Vr vr�:Jl Attach legal description to application if not included on requf*4j,. ,.,-F4#'ri*Y- ------------------------------------------------------------==!;m?L=VI 1 APPLICANT Phone ( home) _ f�/- :� �; ��'� - 1.VV Name V 1I v` . " Phone (work)(�;1 Address: r�.�f/j' l'/�� }. ,�" City: �Zi-p'3$`sc1. - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------- OMMM (if different than applicant) Phone (home) Name Phone (work) Address: City: Zip: Date Property Acquired JZ/ �y ad- (month/year ) I (do) do not also own the adjacent parcels of land. -------------...� --------------------------------------------------------- PR>ZSErT usS O/ PROPENTY Present Zoning District '- P.I C Present Use of Property Residential Other (specify) DE8CRIPTION OF MUM" Estimated Construction Cost $ Describe request in detail: JAIX10 (wes Ix/o, --------------------------------------------------------------------------- VARIANCM MWIRM , Lot Area Lot Width Hardcover Setback Variances ( front Side Rear) - Other --------------------------------------------------------------------------- Y I HARDSHIP Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulaytions: --------------------------------------------------------------------------- DNSCPTPTION Or UNOSUAL FN( RMN CONDITIONS ooscribe unusual property conditions preventing compliance with Zoning -ode Re, : i rert its: --------------------------------------------------------------------------- RXQUIRED SUBMITTALS �1: l Completed Application Form Certified Property Owners List of own, s within 150' (you can obtain �— this list from Hennepin County Department of Finance A-603 Govt Center 346-3271). . Stamped, legal sized envelopes (010) pre -addressed to each of the names on the above list with no return address. 4. ) Certificate of survey including hardcover calculations as required. Plat Map. 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. --------------------------------------------------------------------------- Certification by 7-ning Department that Variance Application is complete. Zoning Official's Signature Date APPLICAM' S 8IGNA2%= The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay all fees and/or unusual 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 %�+•-� _ Date ONNERS SIMATURE The owner hereby ackow ledges and agrees to this application and further authorizes reasonable entry onto the property bj City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this req eat. Owner's Signature C�-G�i- Date cf 7 Y-6'T --------------------------------------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Comaission Meeting. Planning Commission Meetings are held on the th? rd Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council, and, if an applicant is unable to attend a scheduled meeting, to please make arrange- ments to have an authorized agent attend in your place and tc, advise the Building i Zoning Office of this change prior to the meeting. 32 PLAN DATE 08/17/67 HENNEPIN COUNTY PROPERTY IWORMATION SYS' REPORT NO. PI435401 PROPERTY 0WNERS LIST PAGE 5 CATCH 003 38 20-117-..3 32 0004 38 20-117-23 32 OOOS 38 20-117-23 32 0006 r-POP ADDR 02818 CASCO POINT RD 02818 CASCO POINT RD 02824 CASCO POINT RD C:':ER NAME ROURT M EMFIELO A WIFE ROBERT M EMFIELD A WIFE MIRIAM I JOHNSON TA -PAYER DALE R RAASCH DALE P RAASCH MIRIAM I JOHNSON r!,:ME/ADOR 2618 CASCO POINT RD 2818 CASCO POINT RD 2624 CASCO POINT RD WAYZATA MI 55191 WAYZATA MH SS391 WAYZATA MN 55391 38 20-117-23 32 0608 38 20-117-23 32 0009 38 20-117-23 32 0010 FPOP ADOR 02825 CASCO POINT RD 02621 CASCO POINT RD 02617 CASCO POINT RD C:_:-r NAME DAVID J YORKS A WIFE R E DEMSHAR A M M DEMSHAR M B STROM ETAL � TA -PAYER DAVID J YORKS RONALD A MARGARET DEMSHAR W S BRICKLEY A C M BRICKLEY :,E/ADOR 2825 CASCO POINT ROAD 2821 CASCO POINT RD 2817 CASCO PT RD WAYZATA MN 55391 ORONO MN SS391 WAYZATA MN SS391 t 38 20-117-23 32 0011 38 20-117-23 32 0012 38 20-117-23 32 OO13 FRJP ADOR 02815 CASCO POINT RD 02813 CASCO POINT RD 02611 CASCJ POINT RD G.: 7R NtrrE 6 A C SCANLON L A M BACHKES GWENDOLYN C ROSS '•►. It -:PAYER GENE A CATHERINE SCANLON LEONARD A MARY A►N BACHKES GWEN L ROSS KA!'E/ADOR 2815 CASCO POINT ROAD 2613 CAS A POINT RD 2811 CASCO POINT RD OROtq MN 55391 WAYZATA MN 55391 WAYZATA M! 55391 36 20-117-23 32 0014 36 20-117-23 32 0016 PROP ADOR 02607 CASCO POINT RD 02800 CASCO POINT RD O::r::R NAME E E MUTTERER A R M MUTTERER P FOX - F HERFUlsRTH REAL EST Tt J AYER ERNEST r- t%JTTERER THOMAS B KI14G TOTAL BATCH 003 00011 r..%: tE/ADOR 2807 CASCO PT RD 2800 CASCO POINT ROAD OPOt70 MI 5r'91 WAYZATA MI 55391 I CERTIFY THAT RNE FACTS REPRESENTED ARE AN ACCURATE AND TRITE 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 f- Y i p- a CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 1275 South Brown Road on Monda:, October 19, lr37, on the ma*ter of reviewing the following land use applications: 1. #1204 Orono Community Church, 770 Old Crystal Bay Road see approval of ar. amended site plan for the church use. 2. 81205 Robert Maxfield , 4175 North Shore Drive seeks lot area and width renewal variance to construct new residence. 3. 11206 Katherine C. Perry, 2693 Kelly Avenue seeks hardcover and side setback variances to construct screened porch and three level deck. 4. #1207 Gene i Catherine Scanlon, 2815 Casco Point Road seek hardcover and lakeshore setback variances to allow the rebuilding of a deck. 5. 11208 Michael Sayl, 1990 Spates Avenue seeks side setback variances to allow consti -ction of an en^losed entry to the existing residence. 6. 11209 Tina White, 2150 Prospe Avenue seeks a side setback variance to construct a three seasoned porch. 7. #1210 Charles Jones, 3129 Casco Circle seeks a conditional use permit to allow the rebuilding of a non -rental, second residence on the property. 8. #1211 Gerald Neslund, 1225 Orono Oaks Drive seeks a conditional use permit and variance to construct a driveway through a protected wetland to service a future residence. 9. 01213 Rollin Lacy, 2655 rth Shore Drive seeks hardcover and side setback variances to allow construction of an attached garage. 10. #1215 Smith Bay Marina, 1955 Shoreline Drive seeks a conditional use permit to allow installation of a sea wall. 11. #1216 Clark Winslow, 1595 Bohn's Point Road seeks a conditional use permit to allow the dreAging of a pond designated as a protected wetland. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 P.M. Written comments are solicited. Plans are available for review in the City offices, by appointment. By: Planning Commission Jean A. Mabustn, Buil ng i Zoning Administrator To be published the week of October 5, 1987. CITY OF OPIONO Tho pilg- tp Conenwlen wrr (told Public fte/rra in the CAwcd Menem M 1276 lntrMr 1%egetFlood onlaonder.Oolaber 19. On the RWW of revw&" Ilia losoertrtp WA Uri * 1 1204Glens Corwrrry Chia". 7?0 (ld, Ovew am Olow seem amovso of en amid ed alto Ptwt for the Owch Liss 2 120611oeort MadiMd. 4175 Mori.. Shore a" ONM lot ens w4 trash reftewaf ve WWO to ooruruct new reeftrim 3. 1206 KatlterY* C Pony. 203 KONY Aeerrre soeee ftwdcover and side sMaerar veil• Omm to conetrt cl saee*d porn end tfree Mvel dace a 1207 Gene a Certerit* Sc~. 2615 f�eoo Fbe+f Flood seen ftweoae► sM laltaerron oeteeen www" oe a arear the r.arlrq of e dock 5 1206 kfth@o SHOW. 1 NO Spam Aw%a on" aide aatieott vertertOM to slow conetruc- am of an euelNed ewy to We a.wrrp go' r 0 1209 Tote white. 2150 A*0Oect !hears sew a om e.te.ca vvtmos to cenotrucl a free mesorted prat. 7 1210 Chwleo dorm... 3129 Ceeoo Otcle sew a conmwnel Lies permll to allow the ttshtrrerrp of a nen.erttM. escond ►eMde I on f* prcpety S 1211 Geraid Nwketd. 1225 over* O&M orM o wie a oonOlMond use POI d end vwi- oftee to u rstna t a dArrewey thrwrn o Pnted• ad wettsne to senaoe a kAun nmid d 1213 corn Litcir. ldbb taarllt Shore Orbs sew eereoa« grad alb aotercn vertortooa to ettw oartabuctlarrof w Mtar►tedri~ 10 1215 &MM ley ME & . 1965 ShMS O i oAw sea. a come Ertel Lies Perrfrt to •row in- essaemn of a see was It 1210 clerk YYl OO - 16N MOM4 PON" Floss Nae s oete oriel um perert to slow Wits drodo ftfl of a Sand dNtirteled se a Proteryoe wefwtd M psi ttete wlMtetd to to hoard wad spew all no torte The weelYp @W% M 7 00 P.nt Will - an coeMterte we eeliQM Pwo we arnreoN ter firmer in f* Orty aMsee. M 000 0 8 of PUM" CoR-Nmn ,few. A itebusth, 0600p see zowtl AdmYoetralor NPtr0 ~ In The faker and Pteneor on Oct 6. 11111197) Affidavit of Publication State of Minnesota, County of Hennepin Bill Holm, being duly sworn, on oath says that he is ,n authorizE agent and employe- of the publisher the newspaper known as THE LAKER. Mound. Min- nesota• and has full knowledge of the facts which are stated below .4 ) The newspaper has complied with all the require- n, its 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 which is attach -d was cut from the Limns of Bald newspaper, and was printed and published once each week for successive weeks It was first published Monday. the Jl day of CY t 9 �J. and was thereafter printed and published every Monday, to and including Monday. the day of . 19 c� Authorized Agent Subscribed and sworn to /me on this .S day of t,y C.7 19 %. By Public K L d_ xrt . H Fi�T�• Fuetlaulir*rt'•c'a !, ckavER CouNTY ()orreryoar forms An 3 1 � J Mil OA (1) Lowest classified rate paid c, . ommeruai users or cur oars ble space S7 84 per inch (2) Maxrmufn rate allowed by law for above mailer S4 54 per .rich 0) Rate actually charged for above matter f4 S4 per n(') Each additional successive weep $3 il3 per n,, CRRTIFICATB OF KRILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1207, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 2nd day of October, 1987. (D-(� J4ffie Bosma CE"IFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Jamie Bosma, of the City of Oronn, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1207, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 30th day of May, 1988. Jam 4e;B ma TO: Planning Commission and Council FROM: Alan P. Olson, Village Planner GATE; September S. 1978 #419 SUBJECT: 0419 Variance Michael Farrell, 2615 Casco Point Road Mr. Farrell is proposing to add a wood deck on top of the lower terrace of three existing on his shoreline embankment. '!fie upper two levels will be planted. The existing stairway will be used. The lower concrete wall is to be faced with wood. Proposed deck area is 165 sq. ft. The terraces were installed following a major washout of the hillside after the heavy rain this July. The Council approved an emergency conditional use permit for this work on July 11, 1976. Variance required: 34.201 setback and 34.202 hardcover Lakeshore setback required: 75 ft. proposed: 15 ft. variance: 60 ft. - 80% Hardships: existing terrace location and steepness of the ambankmon t . PLJ NK= CONMNISSION KZM NG - SEPTEMBER 11, 1978 Discussed events behind construction of retaining walls and intention of placing deck on lower level. Jim Olson, city engineer, stated that if a spaced wood dock were constructed over a gravel subbase, that runoff water filtration would be adequate if not better than tba existing runoff. Item tabled to allow site inspection by mm■6era and to allow staff to notify neighbors. To be acted on by Fleming Commission on 9-25-78 and be on the Council agenda on 9-26-78. PLAMFIHG COWISSIOM MEETING - SEP DCBZR 25, 1978 The Flaming Commission recommends the variance applicatiom,dne to hardship of terrain, be approved for the eonatruction of a desk 15' X 11'. The applicant's plan was accepted but with the following additions: a gavel bass of at least 1211, span spaced wood chat and an undetermined number of plantings be added to the desk level for visual screening, to contain the soil and provide nutrismt filtration. A minority opinion was voiced concerning the setting of a pwrese"t within the 75' lakeshore setback. --1 MINUTES OF A PLANNING COMMISSION MEETING '.iELD ON S6PTDl 119 1978 • raga / Planning Commission also requested review of the Conditional Ilse Permit on the Church due to the change of ownership. Mr. Farrell was present. Frahm stepped down due to a possible conflict of interest. It was noted that due to staff error the neighbors had not been notified. Discussion was regarding the events behind the construction of the retaining walls and the intention of placing a dock on the lower level. Jim Olson, city engineer, stated that if a spaced wood deck was c-,astruated over a gravel subbase. the runoff water filtration would be adequate if not better than the existing runoff. Hurr moved to table this item to allow site inspection by members and to allow staff to notify neighbors. In order to avoid any delay to the applicant this item will be on the Planning Commission agenda for action on September 25, 1978 and on the Council agenda September 26, 1978. Motion seconded by eaemah. Vote: Ayes (5). Nays (0). Motion passed unanimously. Mr. Anderson was present. The Planning Commission briefly reviewed the request. It was noted ►hat due to staff error the neighbors had not bees notified. Hassel moved to table this item to allow staff to notify neighbors and to provide the applicant time to furnish a revised plan for the proposed deck as the plan he had differed from the plan originally submitted with 'he application. McDonald seconded the not Am. Vote: Ares (6). Nays (0). Notion passed unanimously. This item will be on the Planning Commission agenda of September 25. 1978 and on -he Council agenda on September 26, 1976. MMM X 565 last SIX881 FINAL @=IN Ulm (1367) cmttmwd i 4am T , .AWAM 2815 Coe" Pbi t ld: VARIAMCi (/i19) Z�S � 116O / yam, . ru=�MCt t4=) • MINUTES OF A P ANMING OMMISSION MWING ULD OM 5WnN - 25, 1976 Paso 3 2. Installatior of required curbing st.3 landscaping A.J. as recomimanded by the County highway dopart� t and 19" aw"I"V1lr are the City engineer, not to include veiny additional =us right of nay. (See revised sap shoving suggested (0414) CMOs landscaping areas.) Landscaping timetable required. 3. Combination of remaining Tourangeau residential lots for tax purposes (Lots 7.14 b 20). 4. Closing of one rear station window for building code requirsments. 3. Approval of variances necessary to accomplish the above. Notion seconded by Hannah. Vote: Ayes (6), !lays (0). Motion passed unanimously. Mr. and Mrs. Farrell were present. Tom Frahm steppod�lllCM& Imm darn due to a possible conflict of interest. Discus- MS 0200 !►!mot �. sioo included the actual diaansioens, elevations and VAtIMW type of wood proposed co be used for the dock. 1lsyor (*419) Van Most stated that the recoendation of the smgiassr did not take into consideration *-%y filtration of phosphorus. Wilson and Hannah t.uchn expressed concern about setting a bad precedent. Mr. Farrell stated that the plan for the deck had been submitted to both the DKR and the M=9 but they did not have any interest in the deck. Hassiserel moved to approve the variance request dw to hardship of terrain to build a deck 15' x 111, subject to the following conditions: 1. a gravel base of at least 12" . 2. The deck be an open spaced wood dock with an undetermined number of plantings on the dock level for visual screening and to contain the soil and provide nutrient filtration. .lotion seconded by McDonald. Vote: Ayes (4)9 Mns (1) Abstained (1). C. Stevan Wilson opposed on the basis that so p"ieal hardship was demonstrated sand felt it we"d set a bN precedent. -kttGULAR MEETING OF THE 01d)NO COUNCIL, SEPTOMIR 26, 1979 reve d 6. Garage on Lot 7, Block 1 and all other Luild- ings to meet all setback requirements or they must be moved or removed. 7. Park dedication fee due on all platted 1•2ts. Council Meeting - September 26, 1978 Mrs. Hollander and Mr. Hauer were present. Mayor Van Nest moved, Pesek seconded, to approve the preliminary subdivision request of Mrs. Roy Hollander, 2SS Sixth Avenue North, per the Planning Commission recommendations of September 11, 1978, conditioned on the proposed private road being platted all the way through the division at this time, being blacktopped according to the City Fngineer•s approval, either with a cul de sac or built all the way through without a cul de sac? an additional 10 ft. of right of way along County Road Six being dedicated but not to affect any lot configuration as shown on the preliminary plats park dedication fee being paid for the lots in Phase I, with the remaining lots of Phase II being paid at a later date; access to Lot 8 shall be by easement across eith r Lot 7 or Lot 9, to private road, not directly to County Road Six. Motion, Ayee (3) - Nays (0) sutler moved, Mayor Van Most secon&.d, to adopt Resolution 1942, A Resolution Approving A condit- ional Use Permit For Lowell Zitsloff. Motion, Ayes (3) - Mays (0). syseivlslar 255 Sixth Avmnw NbsW (Continued) r RESOLVTZN 1962 . Lovell 51tsloft Mr. Alan Olson, City Planner, entered into this �AtIAMCs record the following request of Michael Farrell, 281S Crime Point ame 281S Casco Point Road, dated September S, 1978, 1419 which states: Michael fassrll Mr. Farrell is proposing to add a wood dock on top of the lows terrace of three existing on his shoreline embankment. The upper two levels will be planted. The existing stairway will be used. The lower concrete wall is to be faced with wood. Proposed deck area is 165 sq. ft. The terraces were installed following a major washout of the hillside after the heavy rain this July. The Council approved an emergency conditioner use permit for this work on July 11, 1978. lCdntlsslN� REGULAR MMIMG Or THE ORM COUNCIL, SEPTMUM 26, 1970 � a Variance required& 34 '91 setback and 34.202 hardcover .� 201S CaeeO Poll* 3f00� Lakeshore setback required: 7S ft. proposed& 15 ft. variance: 60 ft. 001 Hardships existing terrace location and steep- ness of the embankment.` Planning Commission Meeting - September 11, 1970 •~ .w Discussed events behind construction of retaining 2,' - walls and intention of placing deck on lower level. �•,' r ..'r Jim Olson, City Engineer, stated that if a spaced *, •+ rood dock were constructed over a gravel subbase, that runoff water filtration would be adequate if �;�.:. i{ •�� �~ not better than the existing runoff. Itee • tabled to allow site ihopection by members and , ,,� �:, . to allow staff to notify neighbors. To be acted • . on by Planning Commission on September 25, 1970 and be on the Council agenda on September 26, 1976. ram' • .� Planning Commission Meeting - September 2S, 1970 �. The Planning Commission recommends the variance application, due to hardship of terrain, be approved for the construction of a deck 15' Y 111. '!!1e applicant's plan was accepted but with the c: following additions: a gravel base of at least 126, open spaced wood deck and an undetermined number . ,.� Of plantings be added to the deck level tar visual screening, to contain the soil and provide nutrient V +►• ftltration •x4 A minority opinion was voiced concerning the setting of a prece-lent within the 7S' lakeshore .• setback. Council Meeting - septed 970 •! Pesek moved, sutler secon<.,a.,, to approve variance request of Michael Farrell, 201S Casco Point Road, per the Planning Commission recom. mendations of September 2S, 1970. Motion, Ayes (3) Nays (0) . Mt. Alan Olson, City Planner, entered into the VARMIM • record the following request for a variance of 1940 shadw"& rM "wodore Anderson, 1940 Shadywood Road, dated 1430 September 1, 1979, which states: Tboodere Andecear (, rry of ORONO A 0`. s.000w tl ter. M...M. Wr•11~ oi■ Tdmft .MN Mr. Mo6ael Farrell 2815 Casoo Point load �u....oa 53391 . now= Cr CIM 000WIL ACTIM onto of wetings lk-x,tq_ _T 26, 1978 w Vetoes = r r _�gainet AboU Actions App waI s Approvals Deferrals ,._ Referrals .,_ Daniels apt "'��' • •'•" �: PAWS f Mat. of rs" ,10 1 r - hs subait` ' ...isb joct to ., lcablo ordieroe Bub joc-t to conditians noted Pendinq reetipt of information noted �. Reviver by others, an noted for reasons noted •0YM i SPWZ L CQIDITIOoi s Approved variance for conatrlsatiam of wr space wood dock pr� a odnimn 12" travel subba w be wds! do goat and that plantin=s be added to the deck level for visral sereMSM aid nutrient filtration. V4MMIu@e*,R oariawe approval eatpises tone yeas attar ttio tleg d1q. Y. . Contact building inspector fan repined pmubs.MT _ Conditional We Apps I _)hat be ragweed ammosur. • ;"' `_ awires M _ Met tie up" � � ,i . aMlarotilp er �• '* �q��� _ Prellaieasy Subdivision appwov I gists alter age game of • Meeting date. Cmtoot Zoom Admdaistratien fer Plod plat qs. _ Final Sutidiviaioo apr naval aspirse 6 w ndo alter wingelne does. Contsat Zoning Administration Slaw tUb g end _ Deferred Items my be deslased Somewft if amalgam tails to Provide iafarnrtien uld" we swab at a setlmg datat or by data epoeified by Owned. It You desire eartifled copies of the efflaUl City Owned MU rates, the are available Ey the Deputy City elm& eon swiwr and aeenawl 1W do council. VOW 40 wo% qm a eat 7� Certificate of Survey for Gene & Cathy Scanlon in Lot 120, SPRING PARK Hennepin County, Minnesota /Z0 Co vf'e C."aft J/.` \ 'r1 ci,'r1 i` 1 • i�rfe/C y. `� V.e.1ad to Loh Jhorc �w1' /1•awra .N„ fle.•ir.� � • Oro otlLr.. 4.x I(O ,e NARo CoueR RPrKoveO � aA' fioOoJ1Je.4. rorovj 1 Y:i NAAi�.It.oI':qre A. .t %fe, t i•wa O% % Qg.paa• Scala 1r = 30' Date 8-31-81, s-�I•II ...r•,.•-r��rA 0 Ir'un marker I hereby certify that this is a true and correct dtion of a sur.ey of the boundaries of the descr All that part of Lot 120, SPRING PAI<K arrd a platted land and that portion of Latest+ore / lying between Lot 120 of SPRING PART and th, said lot projected to Lake I•iinnetrvrl a, acco plat thereof on file or of record i r IH,mnnep Minnesota, which lies Northwesterry of a li parallel with and distant 5 fret Northwsste Southwesterly line of said Lot and ihr exte �'•ati o f . and the location of any existing ouildin,is. It d pert to show any other improvements or eticroacto COFFIN 6 GRONBEkG, INC. a k 5 . i5 r�-n rid—Lic. u."-1 Engineers, Land Surveyor „ id P11 Long Lake, Minnesota I 400 DRAIN TILE - Z; 1 labor) ArCR£:ATE - -CLAY COMPACTED VIRGIN SOIL L ME , ICkE TE r/E BA CK .:w _ C 7 3 �r n a�•ae,� J . oZ cS �-- ,_ 4 _' /�" .yam, D — 7 S l (� Al e4lt- + ::_ o ,a.( af e,-� s� Lo alit /lfax-L- ORDINANCE NUMBER 39 , SECOND SERIES AN INTERIM ORDINANCE ALLOWING EMERGENCY RESTORATION FROM STORM DAMAGE COM0IENCING JULY 27, 1987 THROUGH AUGUST 31, 1987 The City Council of Orono Ordains as follows: The municipal code of the City of Orono is amended by adding Ordinance Number 39 , Second Series: SECTION 1. STATEMENT OF POLICY. The City Council shall waive certain standards of Section 19.93 Subdivision 19 and Section 10.22 Subdivision 2 in order to allow emergency restoration of lakeshore and non- lakeshore yards damaged by the severe storms that entered the City on July 23, 1987 and July 26, 1987. Staff is hereby directed to issue general permits for land alterations based on the following guidelines: a. Filling and grading in excess of 100 cubic yards to permit restoration to original grades when feasible. b. Filling and grading within 75 feet of the shoreline or all lakes to permit restoration to original grades, such restoration may require installation of retaining walls, the City Engineer shall review all permits seeking use of retaining walls. SECTION '. This ordinance shall not be interpreted to include the restoration of stLuctures damaged by these storms and located within 0 to 75 feet of the shoreline of all lakes, except for docks that shall be rebuilt per current standards of the Lake Minnetonka Conservation District. SECTION 3. The City shall waive the payment of fees for all general permits that inv ol•le land alterations under this ordinance. SECTION 4. A public hearing has been scheduled before the Planning Commission on September 8, 1987 to review a proposed permanent ordinance that would establish guidelines and procedures for the City to follow in cases of natural disasters. SECTION 5. This ordinance shall be effective beginning July 27, 1987 and shall terminate on August 31, 1987. SECTION 6. This Ordinance shall be published in the Laker and Pioneer newspapers and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 27 th day of July, 1987 by a vote of 5 ayes and 0 nays. ;Publish T: Jam R. Gra , ayor ------------------- i the Laker & Pioneer newspaper the week of August 17, 1987 PERMIT CITY OF ORONO PERMIT TYPE: 40010 NG U4142 1335 Brown Rd South • P U Box 66 Permit Number 0 /26/67 Crystal Bay, Minnesota 55323 Date Issued (6121 473- 7 357 SITE ADDRESS: 2815 CASCO POINT RD DESCRIPTION: E;ui Idin3 Permit Tyr`-t• .-F-LAND ALT Building Work Type STORM DMG REPAIR FEE SUMMARY: CONTRACTOR: i Ji �i tQQi iQt) ,1WN&R. -- Applicant -- t I_IJ GENE E:I R (A�-C.I_I PCI I NT Rr, AY4'ATA MN SS_)y 1 612 ) 471 R MA ALL H }tT SHOULD NOT EXCEED 5' FOR EACH 'SEGMENT GRAIN TILE SHOULD BE BE PLACED AE,CII►T 12" AECIVE THE GROUND FCIR EACH E:ENT, F'Ek CITY ENGINEFR r - THE UNDERS I GNED HEREBY REQUESTS PERM I SS- I ON TO MAKE THE REAL I MF'RI)VEMEN TS SPECIFIED AND AGREES TO [)CI ALL WORK IN SlR1C:T COMPLIANCE WITH ALL CITY OF ORONO ORDINANCES AND :TAT- OF M I NNE' I) T A GU ILO I NG COIK RE:;; U I RE14i_N T � AP 'L CC PERMI E IGNATURE ISSUED4 SIGNATURE UP CITY of ORONO Post Office Box 660Ury gal Hay, Mi,ineaota !Vj:IZiaMunwipal Offices On the North Shore of Lake Minnetonka October 5, 1987 Bonestroo, Rosene, Anderlik 6 Associates Attn: Glenn Cook 2335 west Trunk Highway St. Paul, MN 55113 Re: Zoning Files f1207 Scanlon, #1214 R. Ziminski, #1215 Smith Bay Marin 6 Clark Winslow Dear Glenn: The following land use applications are enclosed for your review and comment. Please advise in your comments if additional information will be necessary from any of the applicants. Your written comments should be submitted to this uffice no later than Monday, October 12, 1987. Sincerely, Jeanne A. Mabusth, Building 6 Zoning Administrator JAM/tln Enclosures BUILDING A ZONING - 473.7357 • ADMINISTRATION S FINANCF 473 7358 • PUBLIC WORKS 4737339 ASSESSING 1 Ckto G b»wroo. ►E Bones t roo '°°"' ►` rosrpn C AMNr ►F C E>aC�o.•O A Lf�.bMf ►f /� - Rose. ■e kKfyrd E fy.w ►E Anderlik & OtIon CO ` /E CyV- rnn f coo ►[ Associates Tnor.ta, f Moyes ►E E % C. � ;� Englnee►s i Architects October 12, 1987 Citv of Orono Box 66 Crystal Bav, MN 55121 kttn: Jeanne Mahusth Re: F;le #139-1207 C. Scanlon 2R15 Casco Pt. Rd. Dear Jeanne: OfN A Go.pon /E f<RMo W fowe Of Cana6a C Nt.rONdt ►f prr, A Sot/Oon Of q{ara A M44on ►E [rO ■ fww Of EAKhar• t Flatr -w— /f saw,I f It*tW* ►f Oat�.a o LOU=& Of Ttvmn W f►tr.wn of #Awhw, ( tynn Of j*ww% a uarane Of arlw-rM / "drrtor If .-eq • A a& Mwaon • f Mar• a Dohs ►f a(rtrr•T C aytWlt A I A thorns/ f Angrf Of "o A,o A tanlpra ►t Cha ,e% A f,gvson Ira M ►awr'tay Marton M (bwr .,Ilan 4 [tW"- rAan A %rV We have reviewed the application for the property located at 28IR Coscn Point Road. The applicant is requestin¢ permission to re -construct a deck and storaee huildine in the 0-75' area of the lot. There is not adequate information available to make a detaileA review. We should have information on the deck and building design along with elevatinnq and distances from the lake shore. If you have anv qupstionn, please contact this office. Y-urs very truly, RnNFcrRnn, Rnct:NF, ANDPRT.TK 6 4RSnCIATF.S, TNC. Glenn R. Cook GRC / jo Enc 1 oa+t re 7192e 2335 West Highway 36 • St. Paul, Minnesota SS113 • 612-636-4600 TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date: October 15, 1987 Subject: #1207 Gene 6 Catherine Scanlon, 2815 Casco Point Road - Variance - Public Hearing Pertinent Ordinances - 1. Ordinance 39, Second Series -• Interium ordinance allowing emergency restoration from storm damage of 7/27/87 through 8/31/87 - Exhibit F. 2. Section 10.22, Subdivision 1 and 2 - No new construction allowed within the 0-75 feet lakeshore setback aiF_a. 3. Section 10.03, Subdivision 5 A through J - Non -conforming uses - Please note this section only applies to structures containing non- conforming uses and can not be considered when dealing with conforming structures (residential accessory structures) to be reconstructed in substandard setback areas. Pertinent Facts - Zoning District - LR-lC Total A•:aa = 14,228 s.f. or .32 acres Hardcover 0-75' area 4,200 s.f. Existing 116 s.f. (6"x232' of retaining wall ties) Allowed 0 s.f. 75-250' Area 9,600 s.f. Existing = 4,200 s.f. or 43.7% Pertinent Issues - 1. Applicant was allowed to replace existing walls destroyed with storm of 7/23/87. Under the interium ordinance, staff had no authority to issue building permits for the deck and shed destroyed in that same storm. 2. The shed and deck are considered new construction and subject to Ordinance 10.22, Subdivision 1 and 2: 0-75' Allowed 0 s.f. Existing 116 s.f. approximate calculation by staff of hardcover for walls Proposed 305 s.f. Variance = 189* s.f. *Shed 49 s.f. (original shed 7'x7') Deck = 140 s.f. (original deck 21'xl0') Zoning File #1207 Octoi�er 15, 1987 Page 2 of 3 List of exhibits Exhibit A - Exhibit B - Exhibit C - Erhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Application Property Owners List Plat Map Building Permit for Profile of Wall Ordinance F, Second Cook's Letter Dated Site Plan Survey Restoration of Retaining Wall Series 10/12/87 Review of Application - On August 26, 1987, staff issued a permit for the rebuilding of retaining walls within applicant's lakeshore yard per authority given to staff in Ordinance 39. The ordinance did not allow restoration of structures other than retaining walls within the lakeshore protected area. The request to build decks and shed shall be considered new construction within r.he lakeshore yard. Tt'.e applicant notes the following hardships: 1. Steep topography/slopes; 2. Need to provide storage for boating equipment, etc. rather than carry up the steep bank each time. Staff notes the following upon site inspection of the property: 1. Applicant already has excessive amounts of hardcover within 75- 250' zone setback area. 2. Applicant has been provided f lat, terraced area within the 0-75' setback area dith the construction of retaining walls. 3. Applicant has not requested a stair/access to the lake, such structure must be limited to 4' width stair with safety steps limited to 4'x4'. 4. A lock box structure may be considered by the Planning Commission for security reasons. If hardship is acceptable maintain standards of the code for lakeshore lots divided by roadway - 48 inches maximum height and limited to 20 s.f. Staff cannot find adequate hardships to support request for deck and must recommend denial of 14'x10' deck. There is adequate flat terraced areas already available to applicant. If Planning Commission finds the security need valid and hardship has been demonstrated, your motion should limit the storage structure to a lock box, maintained at 48' in height and not to exceed 20 s.f. in area. Planning Commission may consider asking for a matching r-Auction in hardcover within the 75-250' setback area (20-30-50 s.f.). Applicant ..-st also be advised in your motion that access stairway is limited to 4 feet width and safety step to Vx4'. MINUTES OF THE PLANNING COMMISSION MEETING HELD OC'TOBBR 19, 1987 #1205 MAXFIELD CONTINUED There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Bellows, to recommend approval of the renewal variance per staff recommendation. Motion, Ayes 6, Nays 0. #1206 RATHERINE C. PERRT 2693 WMLLT AVENUE VARIA1CS PUBLIC HEARING 8:41-8:42 The Affidavit of Publication and Certificate of Mailing were noted. Katherine Perry was present for this matter. Assistant Zoning Administrator Gaffron explained the request for a 3' side street setback variance to construct a screen porch with deck above. He noted that the main reason requiring the variance is because this is a corner lot. There were no comments from the public regarding this matter and the public hearing %as closed. It was moved by Hanson seconded by Johnson, to recommend approval per staff recommendation. Motion, Ayes 6, Nays 0. #1207 GONE i CATHNtINE SCANLON 2815 CASCO POINT ROAD VARIANCE PUBLIC 'JIBING The Affidavit of Publication and Certificate of Mailing were noted. Zoning Administrator Mabusth stated that applicant has requested that this application be tabled due to illness. There were no comments from the public regarding this matter. It was moved by Cohen, seconded by Hanson, to table this application and continue the public hearing until the November 16, 1987 Planning Commission meeting. Motion, Ayes 6, Nays 0. 9 ZONING FILE NO. 1207 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 10/28/87 --------------------------------------------------------------------------- TO: Gene 6 Catherine Scanlon COPIES TO: 2815 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: XX Variance ----------------------------------------------------------- DATE OF MEETING: 10/19/87 VOTE: 6 For Against Planning Comission recos ends the following: XX Tabled: at your request NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: Planning Commission November !6, 1987; meeting starts at 7:00 p.m. MINUTES OF THE PLANNING COMMISSION MEETING HELD NOVEMBER 16, 1967 11107 LEWIS/TRETTEL CONTINUED It was moved by Bellows, seconded by Taylor, to recommend approval of the renewal variance per staff recommendation subject to the following condition: 1. At the time of building permit review, sufficient informatio.i shall be submitted to the City for staff to make the determination that the drainage pattern will not be "adversely affected" by improvements to the property i.e. Condition i6 must be satisfied. Motion, Ayes 1, Nays 0. #120 GENE AND CATHERINE SCANLON GSCO POINT ROAD VARIANCES CONTINUATION OF PUBLIC HEARING Mabusth stated that applicant has requested that their application be tabled until further notice. #1209 TINA WHITE 2150 PROSPECT AVENUE VARIANCE CONTINUATION OF PUBLIC HEARING 8:04-8:06 Tina White was present for this matter. Gaffron noted that applicant has provided a design plan showing elevations of the proposed solarium, and has submitted a diagram of the room layout of the existing house per Planning Commission direction. Applicant requesL.s a side setback variance to replace an existing porch with a solarium. Tina White noted that all other locations for the solarium would require a variance, except the north side which is not a desireable location for a sunroom; and the main purpose for the solarium is to replace the deteriorating porch. Johnson agreed that the proposed location is the only feasible location for the solarium, therefore, he is in favor of the request. Brown questioned the hardship feeling the porch could be replaced in the same footprint that exists. Tina White stateJ that the dimeiisions of the factory built solarium to match the pitch of the house are larger than the existing porch. There were no comments from the public regarding this matter and the pablic hearing was closed. It was moved by Taylor, seconded by Hanson, to recommend approval of the sideyaid setback variance as proposed per staff recommendation. Motion, Ayes 5, gays 0. k, ZONING FILE NO. 12n' CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 12/01/87 --------------------------------------------------------------------------- TO: Gene 6 Catherine Scanlon COPIES TO: 2815 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: XX Variance ----------------------------------------------------------- DATE OF MEETING: 11/16/87 VOTE: 5 For Against Planning Commission recossmends the following: XX Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: At your reauest, the Planning Commission voted to table your variance application unL'' further notice from you. Please advise my office when you wish to meet to discuss your application. CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323*Municipal Offices On the North Shore of Lake Minnetunka March 3, 1988 Mr. & Mrs. Gene Scanlon 2815 Casco Point Road Wayzata, MN 55391 Re: Application #1207 - Variance Dear Mr. & Mrs. Scanlon: We have heard nothing from you since your phone call at the end of 1987 regarding your request to delay review of your application until next year. Please advise the Building & Zoning Office as to your wishes concerning the future review of the proposed application. We will require a written letter from you advising of your decision. If you wish to withdrawn the application and seek a refund, this must also be requested in writing. Please contact my office if you have any questions concerning this matter. Sincerely, a a . IYA ...4,,� J nAlr ne A. Mabusth, Building & Zoning Administrator JAM/tln BUILDING & ZONING - 473-7357 • ADNLWISrRAT10N & FINA%CF - 473-735H • PUBI IC WORKS - 4'3'359 ASSESSING �..(3ay .e 4L ti 'Itz, t-41 Alt --Q � 14i"44z",00"/�� DAVID R. OLSON. M.D.. P.A. METROPOLITAN MED'^.A'. OFFICE BUILDING 823 SOUTH BTH STR! ET • SUITE 31 6 MINNEAPOLIS. MN 55404 (612) 339.1771 MEMBER INTERNATIONAL ARTHROSCOPV ASSOCIATION MEMBER ARTHROSCO►r ASSOCIATION OF NORTH AMERICA TO WHOM IT MAY CONCERN: Dear Madam: DIPLOMATE AMERICAN SOARD OF ORTHOPAEDIC SURGER✓ FELLOW AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS March 11, 1988 RE: Gene Scanlon Mr. Gene Scanlon has been under my care since 1976 for his lower back. He has had multiple inj;jries to his lower back and at present does have degenerative disc disease and arthritis in the lower back area. Any significant lifting_ does cause his back to flare up and give him more problems with back pain. It is my suggestion that he does limit his lifting as :.jch as possible because of his back condition. I , Yo rs trul I D vid R. Olson, M.D. DRO/vh April 29, 1988 To: Orono Planning Commission Chair person Kelly From: Gene and Catherine Scanlon 2815 Casco Pt. Rd. Subject: Variance request for deck and secure storage facility and rebuilding of steps lost in July 23, 1987, storm On July 23, 1987, we sustained heavy loses to our property from the devastating downpour. The retaining walls, a deck, a locked storage blockhouse, stairs and portions of our dock became a heap of rubble. None of this loss was covered by insurance. We went to the Orono City Offices because we had been told, erroneously, that local municipalities would be the administrators for the flood relief for damages from the storm. At that time we'issued permits to clear away the debris, rip -rap our shore and rebuild the retaining walls to prevent further erosion of the hill and lake front. We were grateful for the relief the council provided by waiving fees for those permits and thank them. At that time, we were informed that a variance request would have to be made to restore the deck and storage facility. We thought Oat the rebuilding of the stairway was included in the permits granting the restoration of the bank and the rip -rap. We have not put in a stairway because the design is dependent on the granting of the variance request. The work of clearing the debris, rip -rapping the shore and re -building the bank has been completed and inspected. Now the restoration of the deck and a secure adequate storage facility and the stairs remain to be completed. In asking you to grant the variance request, we wish you to consider these pertinant facts: 1.) A variance request was granted in August in 1978 for the construction of a deck where no previous deck had existed. The ordinate under which our request is being considered (Ordinance 10.22, Subdivision land 2)was in effect at that time. The bank had been washed away by a huge storm. The petitioner did not cite hardship or loss, but only a desire to make the lakefront more usable and pleasant. 2.) rhere is no way that the terraces provided can even remotely be compared to a deck. No children could use them, they cannot be fenced. No one could sit on them with furniture to enjoy the lake. It is our intent to replant and landscape them. The construction we did was necessitated by the massive hole created and was never intended to be used as a deck. The configuration of the retaining walls was necessitated for the same reason. 3.) It was apparent from the wreckage that no deadmen were used to anchor the retaining walls to the bank. The new walls have deadmen and drain tiles inspected and approved according to city inspection specifications. No where could we find a record of such inspections having been done of the previous construction. With the extra precautions, the deadmen and drainage tiles, it should not be necessary for an appearance before this group for any variance request of this type. 4.) The bank is approximately 35 feet high. A lock box would noL provide adequate safety for storage because it could be easily entered without our being aware of it. We propose to have a storage area under the deck. We have submitted a plan which would not require anymore hard cover than that which has been granted in the permit for terracing the bank. 5.) ":.closed is a letter from Gene's orthopedic surgeon outlining the physical problems it would be for Gene to carry items needing storage security up the steps to the house. 6.) A market analysis, done by Edina Realty indicates that for comparable properties with or without a deck, the difference in the sale price is approximately $30,000. Since we already know that the cost of replacing the retainin-, walls, deck and storage and steps will equal that figure, if not exceed that amount, it seems reasonable to assume that it represents a considerable lessening of the value of our property without that replacement. We earnestly request the consideration of these factors as you review the variance proposal to replace the devastating and costly loss we have incurred from that storm. Sincerely, / Cif ��� � ` <• , • . / �� ��� J.� To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardsor. From: Jeanne A. Mabusth, Building 6 Zoning Administrator Date: June 1, 1988 Subject: #1207 Gene 6 Catherine Scanlon, 2815 Casco Point Road - Variances - Continuation of Public Hearing Renotification List of Rzhibits Exhibit A - Staff Memo 10/15/87 Exhibit B - Survey Exhibit C - Applicant's Letter 3/9/88 Exhibit D - Doctor's Letter 3/11/88 Exhibit E - Applicant's Addendum Exhibit F - Elevation of Lake Structure Exhibit G - Plans for Improvement Exhibit H - Staff Memo - 1978 Review Exhibit I - Planning Commission Minutes 9/11/78 Exhibit J - Planning Commission Minutes 9/25/78 Exhibit K - Council Minutes 9/26/78 Exhibit L - Council Action Notice 9/27/78 Exhibit M - Profile/Floor Plan Original neck Special Comments The application was tabled indefinitely at the November 16, 1987 Planning Commission meeting awaiting further notice from the applicant. The long delay for the review of the applicaticn was a result of Mr. Scanlon's ill health. Please review the attached original staff memo dated October 15, 1987. Since the writing of that original memo staff has had discussions with Mrs. Scanlon and was advised of an earlier variance review that approved the original deck within the lakeshore. The original owners received variance approval from the City on 9/26/78 to construct a lakeside deck. The Scanlons did not own the property at that point and purchased the property based on the deck improvement (review Exhibit E). The minutes (review Exhibits I, J, i K) reveal the deck being approved by the City at a 15' by 11' dimension totaling a 165 s.f. in hardcover. The face of the current application shows the original deck being constructed at 21' by 10' dimension resulting in 210 s.f. of hardcover. The original block storage shed was at the waterline, the proposed new 7' by 7' storage shed would be under the proposed deck located further away from the shoreline. The original deck was approved because of the steep terrain. The approval was conditioned on the requirement that a 12" deep gravel sub -based be maintained under the 15' by 11' deck and that plantings be provided along the lakeside of the deck to screen the structure from the lake side view. Review of Variances Sought with Current Application Section 10.22, Subdivision I (B) Lakeshore setback Required - 75' Original Deck setback - 15' (60' or 80% variance) Original Shed setback - 0' (75' or 100% variance) Proposed Deck - 20' (55' or 73% variance) Zoning File #1207 Page 2 of 3 Proposed Shed = 20' (55' or 73% variance) Section 10.22, Subdivision 2 Hardcover u-75' setback area (4,200 s.f.) Allowed = 0 s.f. Original Hardcover (excluding retaining walls and steps) = 257 s.f. or 6% Proposed Hardcover (excluding retaining walls at approximately 116 s.f. and steps if maintained at under 4' width and safety stop limited to 4' by 4' with banks at 1 to 1 slope) = 140 s.f. or 38 (Hardcover of shed not included since is it placed under proposed deck) Staff has discussed the issue of the previous variance approvals in 1978 with the city attorney noting that there were no substanti* changes to the LR district ordinances since they were adopted in January of 1975. Mr. Barrett advised that the hardcover and setback variances approved in 1978 clearly do have an impact on the current review. Staff would suggest other issues for consideration of this application: 1. Applicants claim of a special physical limitation because of back condition, review Exhibit D. Staff cannot remember a physical handicap being claimed in previous variance applications. Is it a valid consideration? 2. Purchased home and paid a price that included the original retaining wall installations and deck improvement. The value of the home has sustained a major diminution in value with the loss of the lakeside deck. 3. Does the hardship of the steepness of the lakeshore bank still hold true for the current review? Would this be an acceptable hardship in current reviews? 4. Under what conditions has the Planning Commission approved new structural improvements within the 75' setback area? In a recent review for John Waldron, a lakeside deck at the top of the bank within the 75' setback area was allowed to be improved as long as it wasn't expanded upon. The City recently approved decking within a lakeshore yard (Swanson)that expanded over a rip -rap area that applicant contended replaced a previous wooden walkway. The City has approved several grade level decks within the 75' setback area along the Fagerness Point Shoreline because they provided no visual impact. 5. Does the condition under which the applicant lost the use of the original structures have any bearing on your considerations. Options of Action Available to the Planning Commission 1. To deny the hardcover and setback variance application of the applicants based on the following findings: a. Applicant has not demonstrated sufficient hardship. b. Planning Commission would agree with the minority opinion in the 1978 review that approval of such variances would establish a negative precedent in the review of other similar applications in the future. C. The approval of variances granted in 1978 did not convey to the owner or future owner any vested right to rebuild structures if destroyed at some time of the future. The City does not recognize a Grandfathering principal for structures that do not conform to current setback standards. Zoning File i1207 Page 3 of 3 d. The current policy practices of the City would not permit the approval of the variances sought by applicant. 2. To recommend approval of the variances as amended by this Commission based on the following findings: a. The applicant has reduced hardcover with the new proposal for improvements within the lakeshore yard. b. The existing structures were removed ais a result of a severe storm that eroded the lakeshore bank and had nothing to do with the improper maintenance of the subject structure. C. There have been no substantial changes in the code since 1975 when the LR districts and lakeshore standards were established. d. The City had approved similar variances for the property in 1978. e. The steep topography requires special consideration for the residents of the property. f. The applicant's physical limitations as documented by his personal physician's report wuu!a prevent his full enjoyment of his original lakeshore •,roperty if the deck and shed were not restored to lakeshore yard. Approval is subject to the following conditions: 1. Applicants f l for plans for the deck and stairs must be amended to show a deck at a 14' by 10' dimension and a safety stop not to exceed 4' by 41. 2. 7' by 7' shed tc be placed under the proposed 14' by 10' deck must be so placed that applicant can provide screening along the lakeside of the retaining wall level that holds the deck structure. 3. Run-off from the roof of the sh(d must be directed away from the grade level of the retaining wall and drLined to a drainage structure already within the retaining wall substructure or via an independent drainage tile. 4. Plantings must be provided adjscent to each of the retaining wall levels to provide the necessary screening and ground cover stablization. 5. Based on the addition of 140 s.f. of structural hardcover within the 0-75' setback area, applica.t must remove 140 s.f. of existing excess hardcover within the 75-250' setback area. MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 6, 1988 #1025 HENRICH CONTINUED Bellows noted that according to the plans, applicant proposes a 3-bedroom 2-story home on this lot, which is the smallest lot in the area. She also felt it was inevitable that future requests will come for a deck or porch and a garage. She stated that applicant has been using this separate lot as part of his homestead lot. She suggested the concept of a mother-in-law apartment as a possible solution in this case. Attorney MacDonald stated that this lot is not dissimilar to the neighborhood and that a fully sewered lot has never been denied buildability in similar circumstances. It was noted that a major fact in this application is that the owner owns adjacent property to this substandard lot. Attorney MacDonald suggested that the lot line could be adjusted if the 1,000 s.f. is the issue. Attorney MacDonald was advised that this could not be accomplished. Attorney MacDonald stated that the Planning Commission and/or Council was bound to address the significance of precedents from previously approved similar applications. There were no comments from the public regarding this matter and the public hearing was closed. It was moved application Ayes 4, Nays (2815 07 GENE i CATHEAINE SCANLON CASCO POINT ROAD DITIONAL USE PEAMIT/VARIANCE LIC AEARIIG 8:02-8:13 The Affidavit were noted. by Kelley, seconded by Bellows, to deny 11025 per staff recommendation. Motion, 0. of Publication and Certificate of Mailing Mabusth reviewed the application to repair the shoreline, deck and boat house damaged in the July 1987 storm. She explained the rn-,ditions of variance approval for the deck that previously existed within the lakeshore area. Gene and Katherine Scanlon were present for this matter. They showed photos of the property and noted that the proposed replacement deck will be no closer to the side property line than what previously existed. 3 MINUTES Or THE PLANNING COMMISSION MERTIMG HELD JUNE 6, 1988 11207 SCANLON CONTINUED Bellows stated the applicants have the right to have reasonable access to the lake, but felt the deck and terracing plan was excessive. She noted that the deck plans were not the same size as applicant's proposal. Kelley and Bellows recommended tabling the application pending accurate information on the deck. There were no comments from the public regarding this matter. It was moved by Bellows, seconded by Moos, to table this application pending receipt of an accurate deck plan that meets safety code standards and does not exceed the originally approved 151x 11' dimensions; and a site plan with the proposed structure. Motion, Ayes 4, Nays 0. #1268 DONALD PETERSON 3048 NORTH SHORE DRIVE VARIANCE SECOND REVIEW Donald Peterson was present for this matter. Gaffron explained the revised hardcover calculations from the previous review including the proposed future deck configuration. Kelley asked applicant what he planned for the area around the house where the plastic is proposed to be removed? Mr. Peterson stated he will probably plant Hostas around the house and assured the Commission that he will not put the plastic back after approval. Kelley reviewed the new facts, Planning Commission's previous recommendation, and staff recommendation. Mr. reterson stated he felt the restriction not to allow anymore hardcover in the 250-500' area was too restrictive and would not build his addition if this restriction was approved. He does not want to be this restricted in case he may want a future accessory structure. Planning Commission felt the applicant's request was reasonable. It was moved by Johnson, seconded by Moos, to recommend approval of the hardcover variance per staff recommendation #1 and 02, s►bject to no additional hardcover being allowed within the 0-250' zone. Motion, Ayes 4, Nays 0. J ZONING FILE NO. 1207 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/7/88 --------------------------------------------------------------------------- TO: Mr. i Mrs. Gene Scanlon 2815 Casco Point Road Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance Conditional Use Permit --------------------------------------------------------------------------- DATE OF MSETING: 6/6/88 VOTE 4 For 0 Against Planning Comission recos nds the following: Tabled for reasons noted below. NOTES AND SPECIAL CONDITIONS: Please provide the following information by the June 14, 1988 deadline for the Planning Commission meeting of June 20, 1988. a. Provide an amended survey locating proposed deck - please note that the side setback for your zoning district is 10' - setback from shoreline must also be shown. b. Your plans must be amended to show the following: 1. 14' by 10' deck. 2. Safety stops limited to 4' by 4' - stair widths limited to 4'. 3. Stair risers must meet standards of U.B.C. for maximum rise. Please contact Jeanne Mabusth if you have any questions on this request. /V TO: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FROM: Jeanne A. Mabusth, Zoning Administrator DATE: June 15, 1988 SUBJECT: 11207 Gene and Catherine Scanlon, 2815 Casco Point Road - Variances - Second Review List of Exhibits Exhibit A - Revised Survey Exhibit B - Sketch of Revised Plan/Elevation Exhibit C - Hardcover Removal Sheet Pertinent Ordinances Section 10.03 Subdivision 15(F) side yard setback for accessory strucutres required - 10 feet Proposed structure = 10 feet Applicant will not require a side yard setback variance. Section 10.22 Subdivision l(B) required = 75 feet Original deck setback = 15 feet (60 ft or 80% variance) Original shed setback = 0 feet (75 ft or 100% variance) Proposed deck = 20 feet (55 ft or 73% variance) Proposed shed = + 20 feet (55 ft or 73% variance) Section 10.22 Subdivision 2 0-75' setback area = 4,200 sq ft Allowed = 0 sq ft Original hardcover (excluding retaining walls and steps = 259 sq ft or 68 (210 sq ft deck, 49 sq ft shed) Proposed hardcover 212.8 sq ft or 5% (228 sq ft minus 16 sq ft for landing area of stairs structure) New hardcover approved in 1978 = 165 sq ft or 3.9% (15xll ft deck). Total approved hardcover in 1978 = 214 sq ft or 58 ( 165 sq ft, 49 sq ft shed) 75-250 foot setback area = 9,600 sq ft Allowed = 2,400 or 25% Existing = 4,200 or 43.7% 1 Applicant proposes removal of hardcover totaling = 128.9 sq ft or 1.348.* Review Exhibit A. * Applicant will provide a complete survey of hardcover to `:)e removed in addition to a date for completion of that removal. Review of Revised Plan The applicant has submitted an amended survey designating a 15 X 11 foot deck this was the size approved in the original 1978 review. In r^viewing the sketch of the revised ele-•ation/plan with the applicant it was noted that the plan still shows a 15 x 14 foot deck. Applicant advised that because of the location of the shed underneath the deck and the width of the retaining wall to the rear side of the deck, or to the land side of the deck, that the 14 foot depth is required. Based on an earlier drawing in the first packet that was sent out on this application, this tier of decking appears to be apporximately 10 feet in depth and that if a wider width was required for some reason that applicant could redesign the deck to accommodate the shed but that it would be difficult for the City to approve any deck in excess of the 165 sq f,. ':hat was originally approved in 1978. In reviewing Exhibit B tihe sketch of the revised plan the stair structure has been reduced considerably modifying the impact and the intensity of tt _akeshore structure. There is now a single access stair down ,..e lakeshore bank, running parallel to the cedar deck. A safety stop and stepping pad area provide the necessary landing for the steep descent. Applicant will present their position as to why they require the deck at 14' x 15' dimension. In addition, applicant will provide a more detailed plan of the hardcover to be removed within the 74-250 foot setback area sometime within the spring of next year. Staff also advised the applicant, who was willing to have the surveyor make another amendment of a survey that would show the 15 x 14 foot deck, that this was not necessary. It should also be noted that the applicant seeks, at a minimum, the repla-ement of the same sized deck that was approved in 1978, which would be at 15 x 11 feet. The original request of 14 x 10 feet was in error. Please review the staff memo dated June 1, 1988 that was drafted for your June 6th meeting. Please review the section on the options available to Planning Commission to assist in th, drafting of your recommendation. If Planning Commission members seek additional information please advise staff prior to the meeting so that we can formally act on the Scanlon application at our June 20th meeting. „s staff would like to present this application before the Council at their June 27, 1988 meeting. r, � r�c��od� June 16, 1988 To: Orono Planning Commission From: Gene & Cathy Scanlon 2815-Casco Point Road Re: Variance Request When we began the process of getting approval for the variance, our seemingly simple and just intent was to replace what was lost to us in the July storm. We are truly grateful that the planning commission has allowed that the main intent of that request is a reasonable one. During the process of acquiring the variance, we have come to realize that the responsibility for maintaining the intent of the city ordinances is one taken very seriously by this commission. Therefore, that fact has required us to modify our expectations and release our previously held position of total replacement. We have not ever wanted to violate the statutes and/or ordinances of the City of Orono. We propose some trade-offs and compromise to answer needs and address the concerns of the commission. We k09V that what we would jjkg is approval of the deck, storage and step plan we presented at the June 6, meeting of the planning commission. 1) A 15'x14' deck - as shown 2) A secure locked storage area under the deck 3) A safety landing to the side which would allow access to the storage area a d a break from the steep ��-dv incline of the steps.r The previous variance granted allowed a 15'xll' deck. We could change the plan to reflect that grant and would accept that. The survey sheet shows a 15'xll' Jack. I might add that the additional three ft. would not add any more hardcover because it would be constructed over existing hardcover. Orono Planning Commission Page 2 1) As the plan exists, we would need the area showing stepping pads as access to the storage shed under the deck. 2) The stairs, which continue on, and the safety landing would leave the area in front of the opening to the shed clear and provide access to the deck above. The stairs would not add more hardcover because it would rest on hardcover that is already there. Therefore, the proposed deck (15'x14') with an under -dock storage area and a continuance of the steps to a landing and another set of steps to the deck, would not involve any more hardcover than already exists. The goal of the plan is to make the lakefront, functionally and aesthetically, as great an asset as we can. We feel that the retaining walls and the terracing which has been constructed, have proved our willingness to financially do the bebt we can. The deck is an extension of that willingness. 3) The deck would be at least 10' fro■ the adjacent property line and 20' or 23' fro■ the shoreline depending on the size of the deck. 4) At the top of the bank, where the stairs will and, is a 19'x9.5' level which is covered with stone (hardcover, if you will). Some of that area was washed away. When the terracing was completed, that area war. filled in and covered just as it had been before thoi storm occurred. The contractor/landscaper went as far as he could until a determination about the deck, storage and stairway had been made. When the other construction is complete, he will return to finish his part of the job. We would eliminate the rock, gate, fence and shrubbery now existing. A gate at the top of the stairs and an appropriate fence would delineate the top of the bank. We would need these demarcation& for safety reasons. We will then sod right up to the fence at the top of the bank. This change would shrink the hardcover 180.5 sq. ft. in the 0'-75' setback area. 5) Additionally, in the 75' to 250' area we would, during month of July or by the end of August, shrink the amount of hardcover in two places. To the right and to the left of our entry -way steps are two areas we could put back to a natural state. One area 9'x 3' (27 sq. ft.) and the other approximately 8.5'x 3' (25.5 aq. ft.) Orono Planning Commission Page 3 6) There is a concrete cover which presumably capped a well. We were unaware that the area under that concrete cap hadn't been filled in, until, in the storm, the lower level, including the furnace room, storage area, wood- working room, laundry room and family room had flooded. The "wall" was covered with wallboard and it was not apparent that no blocks or fill existed behind it. By late spring a, and certainly by early summer, we will repair the exists i walls and remove Lhe cap to restore it to a non -hard sr area. It measures approximately ll'x 7.5' (104.5 . ft.). Those changes would shrink the hardcover are approximately 159.5 sq. ft. We would be happy to have those areas inspected and the commission assured that work on those promises had been completed. We cannot do the work cn the lower level now because, quite frankly, we will have run our financial string out completing the work on the front of our property. We hope that the questions raised at the June Commission meeting have been satisfied. We have been grateful for the time, consideration and patience given to the solution to our problem. We hope that as you review our revised proposal and the reduction in hardcover levels, that we are coming nearer to closure on this project. Sincerely, -�- Cathy and Gene Scanlon CS/gb MINUTES OF THE PLANNING COMMISSION MEETING HELD JUNE 20, 1988 ATTENDANCE 7: 0 5 P. M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley, Bellows, Johnson, and Moos. Hanson, Cohen, and Brown arrived in a short period of time after the meeting started respectively. The following represented the City staff: Building & Zoning Administrator Mabusth, Assistant Planning & Zoning Administrator Gaffron, Building & Fire Inspector Jacobs, and City Recorder Peterson. Councilmembers Callahan and Goetten were also present. GENE i CATHERINE SCANLON 2615 CASCO POINT ROAD CONDITIONAL USE PERMIT i VARIANCE SBCOND REVIEW Gene & Catherine Scanlon were present for this matter. Mabusth reviewed the amended survey and revised elevation/plan and the har0cover issues. It was noted that the elevation plan did not reflect the reduced sized deck per Planning Commission's direction at the last meeting. Jacobs noted that the proposed stairway does not meet current code standards. Kelley reviewed the Planning Commission's direction regarding the deck and stairway at their last meeting. It was moved by Kelley, seconded by Moos, to table this matter pending a revised plan showing a 15'x 11' deck, with a minimum dimension stairway plan that meets the safety code standards. Motion, Ayes 6, Nays 1. Johnson voted nay because he felt the entire structure was too visually massive in the lakeshore yard. Motion carried. #1270 RON TIMM 4496 NOR" SHORE DRIVE VARIANCE PUBLIC HEARING 7:21-7:24 The Affidavit of Publication an,- Certificate of Mailing were noted. Ronald Timm was present for thi natter. He noted the letter of approval from his n- .hhor included in the packet. 1 ZONING FILE NO. 1207 CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 6/21/88 --------------------------------------------------------------------------- TO: Mr. 6 Mrs. Gene Scanlon 2815 Casco Point Road Wayzata, MN 55391 --------------------------------------------------------------------------- TYPE OF APPLICATION: Variance Conditional Use L.rmit --------------------------------------------------------------------------- DATE OF NESTING: 6/20/88 VOTE 6 For 1 Against Planning Comission recosssends the following: Tabled for reasons noted below. NOTES AND SPRCIAL CONDITIONS: Submittal of revised plans that would redesign det;k/stairs to meet the following standards: a. Limit deck structure to 15 by 11 for a total of 165 s.f. of hardcover. b. Stair structure to be designed to lessen structural impact: 1. Stair with maximum 4' width. 2. Landing (safety stop, etc.) to be limited to 4' by 4' - to be placed at 12' intervals/sections. 3. Applicant may wish to use the flat surfaces of the retaining wall tiers to provide the necessary landing stops and the redesign of the staircase. 4. Show the location of the door to the storage shed under deck. C. Applicant may wish to show proposed landscaping along the retaining wall tiers also. Staff would recommend that your designer/planner contact Tom Jacobs regarding structural design of the staircase. In light of the last two meetings of the Planning Commission, it may be helpful to present elevations of the redesign of the deck/access stairs. Please contact the Building z Zoning Office if you have any additional questions. The application is scheduled for the Planning Commission meeting of July 18, 1988; meeting starts at 7:00 p.m. The deadline for submittal of new information is July 5, 1988. To: Jeanne A. Mabusth, Building & Zoning Administrator Fracas Tom Jacobs, Building & Fire Inspec,:or Date: July 12, 1988 Subject: 11207 2815 Casco Point Road Proposed Deck, Storage Area, and Stairway I have reviewed the above proposed plans submitted by the applicants. With exception to the stamped corrections on the plan, the plan meets the requirements of the State Building Code. To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Frm: Jeanne A. Mabusth, Building & Zoning Administrator Date: July 12, 1988 Subject: 11207 Gene and Catherine Scanlon 2815 Casco Point Road - Variances - Third Review List of Eshibits Exhibit A - Planning Commission Notice of Action 6/21/88 Exhibit B - Revised Survey Exhibit C - Plan Drawing Exhibit D - Elevation Exhibit E - Aproximate Location of Hardcover to be Removed Exhibit F - Jacobs Memo Review of Variances Sought by Applicant 1. Section 10.22, Subdivision 1 (B) Lakeshore setback for structures - Required - 75' Original Shed - 0' (75' or 100% variance) Proposed Shed - 24' (51' or 68% variance) Original Deck - 15' (60' or 80% variance) Proposed Deck - 24' (51' or 68% variance) 2. Section 10.22, Subdivision 2 Lakeshore hardcover- 0-75' setback area - 4,200 s.f. Allowed - 0 s.f. Original Hardcovet - 249 s.f. or 61 (210 s.f. deck, 49 s.f. shed) Proposed Hardcover - 165 s.f. or 3.9% (Shed located under deck not included and stairs/safety landing of 149 s.f. excluded) 75-250' setback area - 9,600 s.f. Allowed 2,400 s.f. or 25% Existing 4,200 s.f. or 43.71 Proposed = 4,043 s.f. or 42.1% Removal of 150 s.f. (52.5 s.f. adjacent to access stairs at rear of house and 104.5 s.f. at northeast corner of residence, see staff sketch Exhibit E) Please note the 185 s.f. of additional hardcover to be removed within applicants lakeshore yard has not been included in the above calculations because they were not included in the original hardcover calculations totaling 4,200 s.f. Review of Application At your June 20th meeting, all but one member of the Planning Commission conceptually approved the variance request of the applicant subject to their submitting revised Flans that clearly def4ned what the applicant was proposing within the guidelines of the Planning Commission directives. Zoning File #1307 Page 2 of 2 Review Exhibits C and D. The applicants Flans now show a deck that does not exceed 165 s.f. of area. The stairs have the appropriate number of risers within the 12 foot intervals. Applicant has reduced the amount of additional hardcover by employing the gravel area of the retaining wall landings requiring only one deck stair 3' 6" by 3' 3". Tn addition, review Exhibit F, the building inspector has reviewed the revised plans submitted by the applicant and has approved them finding that they meet all requirements of the state building code. As the majority of the Planning Commission have conceptually approved the proposed reconstruction of a deck, access stair, and shed within the Scanlons lakeshore yard, staff will repeat some of the suggested findings from an original staff memo dated June 1, 1988 if application was to be approved. A. The applicant has reduced hardcover with the new proposal fot the improvements within the lakeshore yard and within the 75-250' setback area. B. The existing structures were removed as a result of a severe storm that eroded the lakeshore bank and had nothing to do with the improper maintenance of the subject structures. C. There have been no substantial charges in the code since 1975 when the LP districts and lakeshore standards were established. J. The City had approved similar variances for the property in 1978. E. The steep topography requires special consideration for the residents of the property. F. The applicant's physical limitations as documented by his personal physician's report would prevent his full enjoyment of his lakeshore property if the deck and shed were not restored to lakeshore yard. The following conditions are also recommended with the approval of this application: 1. Run-off from the roof of the shed must be directed away froir the grade level of the retaining wall and drained to a drainage struc ure already within the retaining wall substructure or via an independent drainage tile. This will prevent any undermining of the existing retaining wall structure. 2. Plantings must be provided adjacent to each of the retaining wall levels to provide the necessary screening and ground cover stablization. 3. The applicant has agreed to remove 157 s.f. of existing hardcover within the 75-250' setback area. Such hardcover removals must be completed by Please advise staff if additional information is required or if you have any questions concerning the new material submitted by the applicants prior to the meeting. MINUTES OF THE PLANNING COMMISSION MEETING HELD JULY 18, 1.988 #1301 DAVID L. WHITE 6 FREDRICK C. WHITE -CONTINUED concurred with Mr. Cohen's request for a topographic map. The PC has to be sure that the development of this land is in line with the comprehensive plan of the City. He felt it is important to limit access from County Roads, especially 19, because that traffic will increase over time. Commissioner Johnson agreed that a more comprehensive workup was needed as to development alternatives for the property. Kelley asked for further public comments, there were none. Johnson questioned whether it was Hennepin County's position to limit access to the County Roads involved as much as possible. Gaffron responded that although they have not yet responded in this application, typically they would like to limit as far as possible the number of accesses. It was moved by Kelley, seconded by Cohen, to table #1301 pending Applicant's further consideration of a comnrehensive development plan and submittal of a topographical map, and review by the City as to the position and cost of the roadway. Motion, Aye&=6.,__Nays=0, Motion passed. �41207 GENE i CATHBRIKE SCANLON 2815 CASCO POINT ROAD CONDITIONAL USE PERMIT i VARIANCE THIRD REVIEW Gene and Catherine Scanlon were present for this matter. Zoning Administrator Mabusth stated that the Applicants were seeking the replacement of structures that were damaged in the storm of July 23, 1987. The specific structures involve a lake shore deck, access stairs and a 7' x 7' storage shed. Applicants now propose placing the storage shed underneath the existing or proposed deck, which will allow for a reduction in the hardcover from what was there prior to the storm. The total hardcover for the proposed deck is 165 sq. ft. The plans have been reviewed by the building inspector. Commissioner Kelley asked what the 165 ft. included. Mabusth stated it includes just the decking, and not the 149 sq. It. of access stairs. Kelley questioned recommendation t2 regarding plantings. Mabusth replied that this procedure is very consistent with what they are now asking of all persons who replace retaining walls in lakeshore yards. She noted that the Applicants have volunteered to reduce hardcover within the 75-250, setback area. Hanson commended the Applicants on making every effort to work on this. Mabusth added that the Scanlons are going directly to the Council on this. In regard to the date the hardcover removals are to take place, Hanson asked Applicants for a date they felt was realistic. Applicants replied next Spring, and June 30, 1989, was agreed upon. The specific hardships that apply in this particular variance are the extreme slope of the land and the necessary work required to stabilize that area after the storm. Johnson stated that he did not think this variance was consistent with the 0'-75' policies in that there is a retaining wall, stairs, storage structure and deck all within 25' of the Lake. It was moved by Hanson, seconded by Cohen, to recommend approval of 11207, Gene & Catherine 2 MINUTES OF THE PLANNING COMMISSION RESTING HELD JULY 18, 1988 #1207 GENE 7 CATHERINE SCANLON-CONTINUED Scanlon, per staff recommendation. Motion, Ayes-5, Nays-1, Motion passed. #1286 GARY RODERICK CONSTRUCTION 1749 NORTH FARM ROAD VARIANCE SNCOND REVIEM Applicant was present for this matter. This is a continuation of a Public Hearing. The request is to build a 6' high fence on the property along County Road 6. The proposed location of the fence is considered to be a front or sidestreet yard. There are some existing, but immature, trees and shrubs in this proposed fence location. Applicant's concerns are that children could run out onto County Road 6. Noise from County Road 6 is also a problem, as well as headlights from traffic travelling west on County Road 6. Adjacent property owners are concerned that a 6' fence does not fit into Orono's landscaping scheme of openness and natural fencing using vegetation. Applicant stated that in his opinion the fence would not create any sighting interference. Applicant went on to say that the property in question contains a now vacant residence, but he hopes to sell it in the near future. Prospective buyers have inquired about a fence and the Applicant is merely pursuing this matter to see whether fencing is a realistic idea. Applicant pointed out that the present fencing ordinance would allow him to put a fence on the south side of the property with no need for a variance whatsoever. He feels this is backward. Ben Field, an adjacent property owner, indicated that he is opposed to this variance. He believes the fence will detract from the natural openess of the area. All 7 houses in that area have been built so as to compliment the natural surroundings. "Farm at Long Lake" developer Timothy Adams reiterated Mr. Field's convictions. Commissioner Johnson concurred with Mr. Field and Mr. Adams regarding approval of this variance. Cohen stated that Applicant has the right to put up a 3-1/2 foot fence, which he thinks would alleviate any potential safety problems. The natural vegetation that exists on the property will grow and will provide a natural barrier. He is against a 6' fence. Applicant made a final comment about 6' fences that already exist in Orono. It was moved by Kelley, seconded by Cohen to recommend denial of the variance #1286, Roderick Construction. Motion, Ayes=7, Nays-0, Motion passed. Kelley informed Applicant of his next procedural step which would be an appearance before the City Council. #1291 ALFRED IVERSON 2835 CASCO POINT ROAD REFERRAL BACK TO PLANNING COMMISSION Applicants were not present. Mabusth explained that this was a referral back due to the possibility of the need for a height variance. She stated that staff was able to confirm that there is no need for a height variance. Mr. Kelley expressed his concern about the Iversons 3 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson Fro■i: Jeanne A. Mabusth, Building & Zoning Administrator Data: July 21, 1988 Subject: #1207 Gene & Catherine Scanlon, 2815 Casco Point Road - Variances - Arproval Resolution Zoning District - LR-lC Total Area - 14,228 s.f. or .32 acres List of Kzhibits Staff Memos Dated 6/l/88, 6/15/88, & 7/12/88 Exhibit A - Application Exhibit B - Prope-ty Owners List Exhibit C - Plat Map Exhibit D - Dr. Olson's Letter Dated 3/11/80 Exhibit E - Scanlon's Letter Dated 4/29/88 Exhibit F - Jacobs's Memo Dated 7/12/88 Exhibit G - Survey Exhibit H - Staff Memo - Variance Application No. 419 Exhibit I - Planning Commission Minutes of 9/11/78 Exhibit J - Planning Commission Minutes of 9/25/78 Exhibit K - Council Minutes of 9/26/78 Exhibit L - Council Action Notice Dated 9/26/78 Exhibit M - Original Plans of Application No. 419 Exhibit N - Plan of Hardcover to be Removed Exhibit 0 - Building Plans Exhibit P - Elevations Review of Variances Sought by Applicants - 1. Section 10.22, Subdivision 1 (B) - Lakeshore Setback for Structures. Required - 75' Original Shed = 0' (75' of 100% variance) Proposed Shed - 24' (51' or 68% variance) Original Deck - 15' (60' or 80% variance) Proposed Deck - 24' (51' or 68% variance) 2. Section 10.22, Subdivision 2 - Hardcover. 0-75' Setback Area - 4,200 s.f. Allowed = 0 s.f. Original Hardcover = 249 s.f. or 68 (210 s.f. deck, 49 s.f. shed) Proposed Hardcover = 165 s.f. or 3.9% (shed located under deck not included and stairs'safety landing 149 s.f. excluded) Zoning File #1207 July 21, 1988 Page 2 of 3 75-250' Setback Area - 9,600 s.f. Allowed 2,400 s.f. or 25• Existing - 4,200 s.f. or 43.70 :roposed - 4,043 s.f. or 42.1% (removal of 157 s.f., 52.5 s.f. adjacent to access stairs at rear of house, and 105 s.f. located at northeast corner of residence - see Staff's sketch, Exhibit N) Please note,185 s.f. of additional hardcover to be removed within applicants' lakeshore yard has not been included in the above calculations because they were not included in the original hardcover calculations totaling 4,200 s.f. Revtow of Application - The applicants commenced the review of the application sometime in the fall of 1987, but because of the ill health of Mr. Scanlon, they asked for the tabling of the review until this spring. Planning Commission considered this application at their June 6th, June 20th, and July llth meetings. The difficulties throughout the 3-meeting review dealth with information that conflicted with what was being proposed by the applicants or a request on the part of the Planning Commission that the Building Inspector confirm the proposed layout of the access stairs in relation to the deck underneath shed. Please review Exhibits F, O, i P. The Inspector has confirmed no problems with the design of the access stairs nor of the deck. Note, applicants have employed use of the graveled surface of the retaining wall levels and reduce% the need for deck safety landings, there- by reducing the need for additic., :�l hardcover. Upon the third review, the applicants had satisfied all of the Planning Commission's requests and need for additional information or amended plans. Staff drafted a recommendation of approval based on the conceptual direction of the Planning Commission at their June 20th meeting. The recommendation was adopted by the majority opinion of the Planning Commission as setforth in the staff memo of July 12th (attached to this memo). Please note, the Planning Commission established the date of June 30th, 1989 for the removal of the 157 s.f. of hardcover within the 75-250' setback area. The enclosed resolution has been drafted per the Planning Commission recommendation. The minority opinion of one denied the application finding nc valid hardship that would allow the reconstruction of the structures within the lakeshore protected area and noted the City has never recognized the grandfather standard before and should not establish such a precedent. 54502'78 City of OR ONO RESOLUTION Of THE CITY COUNCIL NO. 2'a 74 TRANSFER ENTERED PI PT OF PRCPI RTr TU A P-AttRECones A RESOLUTION GRANTING 'EP a VARIANCES TO MUNICIPAL ZONING CODE HE►vNEPIN CBu v MINN SECTION 10.22, SUBDIVISION 1 (B) P' ' �``'un' AND SECTION 10.22, SUBDIVISION i! FILE #1207 WHEREAS, Gene 6 Catherine Scanlon (hereinafter "the applicants") are the owners of he property located at 2815 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: All that part of Lot 120, Spring Park, and all the unplatted land and that portion of Lakeshore Avenue, vacated, lying between Lot 120 of Spring Park and the side lines of said lot projected to Lake Minnetonka, according to the plat thereof on file or of record in Hennepin County, Minnesota, which lies Northwesterly of a line running parallel with and distant 5' Northwesterly from the Southwesterly line of said lot and the extensions thereof (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the reconstruction of a lakeshore deck and shed installed under said deck located 24' from the shoreline of Lake Minnetonka instead of meeting the required 75' setback requiring a 51' or 66% setback variance, the lakeshore structural improvements result in 165 s.f. or 3.91 of hardcover where no hardcover is allowed. The structures to be reconstructed within the lakeshore yard of the property were destroyed in the storm of July 23rd, 1987. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1207. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District requiring a 1/2 acre in area. The property consists of 14,228 s.f. or .32 acres in area. 3. The Orono Planning Commission reviewed this application on July 18, 1988, and recommended approval of the proposed variances based upon the following findings: A) The applicants have reduced hardcover within the 0-75' setback area by 84 s.f. or 2.10, and within the 75-250' setback by 157 s.f. or 1.6%. Page 1 of 4 c City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 174 B) The existing structures were removed as a result of a severe storm that eroded the lakeshore bank and had nothing to do with the improper maintenance of the subject structures. C) There have been no substantial changes in the Code since 1975 when the LR districts and lakeshore standards were established. In 1976, the City approved setback and hardcover variances for a lakeshore deck located approximately 15' from the shoreline and at 210 s.f. of hardcover. D) The steep topography at lsl grades at the shoreline requires special consideration for the residents of the property. E) The applicant's physical limitation, as doc%.Aented by his personal physician's report, would prevent his full enjoyment of his lakeshore property if the deck and shed were not restored to the lower lakeshore elevations. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property= would not merely serve as a convenience to the applicants, but is necessary to alleviate a demon- strable 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. COACLOSIOW, ORM AND COWI?IONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances per Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the reconstruction of a lakesnore deck and shed installed under said deck located 24' from the shoreline of Lake Minnetonka resulting in 165 s.f. or 3.91 of hardcover within the 0-75' setback area, subject to the following conditions: 1. In order to prevent undermining of existing -staining wall structure, run-off from the roof of the xhed must bs directed away from the grade level of the retaining wall and drained to either a drainage structure already within the retaining wall or via an independant drainage tile. Page 2 of 4 City of ORO O RESOLUTION Of THE CITY COUNCIL NO. '474 2. Plantings must be provided adjacent to each of the retaining wall levels to provide the necessary screening and groundcover stabalization. 3. The applicants have agreed to remove 157 s.f. of existing hardcover within the 75-250' setback area. Such hardcover removals must be completed by June 30, 1989. 4. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 25, 1989). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a %iolation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of July, 1986. Tt;�`:i i n, City Clprk Jaya s R. Grabek, Mayor Property Owner(s) Page 3 of 4 City of ORONO STATE OF MINNESOTA ss. COUNTY OF HENNEPIN RESOLUTION OF THE CITY COUNCIL NO. -=474 On this 25th day of .1u1 ,- , 198 8 before me a Notary Public within and for said county, personally appeared Gene E. & Catherine Scanlon husband and wife known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC 9/8/92 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198, before me a Notary Public within and for sa d County, personally appeared known to we to be tho person(s) described in and who executed the foregoirnginstrum,-gin , and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on July 25 , 19 88 , and that the some is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof 8th , day of I have hereunto set my hand and seal this August 19 88 I' thy M. lin, City Clerk 8 r- 0 OD MINUTES OF THE REGULAR ORONO COUNCIL MEETING BEM JULY 25, 1988 1207 ENE SCAULON 2615 POINT ROAD RESOLUTION 12474 The Applicants, were present for this matter. City Administrator Bernhardson explained that this is a request for construction, including hardcover, in he 01-75'zone, resulting from the July 23, 1987 storm. They would like to replace the deck, which was 210 sq.ft., with a deck that is 165 sq. ft. The existing shed that was also destroyed by the storm will now be tucked under the deck. Councilmember Goetten stated that she does not feel the resolution should include any language pertaining to the health of the Applicant. She does not want to set any precedent by allowing such language. Therefore, sub -paragraph E under Finding !3 of the Resolution, shall be removed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to approve the Resolution i2474 as amended. Motion, Ayes-4, Nays-0, Motion passed. #1280 V=T VURN 1376 BRIM t PAM R01i1D VARIANCE The Applicant was present for this matter. City Administrator Bernhardson explained that this was a request for hardcover and structural setback variances to construct an addition to the house, as well as decks all around the house. A significant portion of the existing house already sits in the 0'-75' zone. The proposal will reduce the amount of total hardcover in the 0'-75' zone from 30.40 to 30.0% and a net decrease in the 75'-250' from 49.0• to 38.91. There is an increase in the amount of structural hardcover Applicant pointed out that the deck is already there, not proposed. They plan is to reduce the size of the deck. Councilmember Goetten questioned whether it was necessary to have the road improved. Assistant Zoning Administrator Gaffron stated that it was not a problem at this time. It was moved by Councilmember Goetten, seconded by Councilmember Peterson, to approve the variance for Wendy Weihe. Motion, Ayes-4, Nays-0. 1291 ALFRED IVERSON 263S cAsco POINT ROAD VARIANCE RESOLUTION #2475 Ms. Iverson and the Contractor were present for this meeting. This is a request for hardcover variance in the 75'-250' Zone. The Planning Commission directed that the additional construction and remodeling be done without increasing the amount of hardcover beyond 38.49. Councilmember Callahan stated that after visiting with Mr. Iverson, there was confusion as to how he would like tn proceed. Apparently the calculations used for determining existing hardcover did not include the landscaping plastic around the house. It did incl-ide the asphalt pathway APPLICATION NO. #1201 CITY OF OEONO NOTICE OF COUNCIL ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 07/28/88 --------------------------------------------------------------------------- TO: Mr. i Mrs. Gene Scanlon COPIES: 2815 Casco Point Road Wayzata, MN 55391 TYPE OF APPLICATION: Variance ------------------------------------------------------------ DATE OF MEETING: 07/25/88 VOTE: 4 For 0 Against COUNCIL ACTION - NOTION: To approve your variance application subject to the finding and conditions set fourth in the resolution sent to you prior to the meeting. A copy of the original resoluuion will be sent to the City Attorney's office for filing sometime within the next week. Please note variance approval is limited to the extent shown on approved plan and as noted in the approval resolution. Changes and approved plans are subjec-- to further review by the City. Variance approval expires one year after date of approval. Permit application must be submitted no later than 7-25-89. WAYNE O POPNAM RATM0NO A HAIK ROOCR W. SCMNOSRICM OCNV(R KAUFMAN ROSC a',A. NSH ROLrE A.WDII O. MARC WMITEMEAO SRUC[ D. WILLIS r R[OCR ICK S. RICHARDS O. ROSE RT JONNSON OAR♦ M. MACOMOCN ROSC RT S. SUNK HUGH V. P L U N KETT, III /RCOCRICK C DROWN THOMAS K. SERO JAMcs R. STCIL(N JAM ES S. LOC N.+ART ALLCN W. HIN OERAKER C LIrrORO M. OR CENC O.WILLIAM It AU/MAN M I CHACL O. r RE C MAN HOWARD $AM Mr[RS,III LARRY D. CSPCL J ANIC S. MAYERON TMOM AS J. BARNETT POPHAM, HAIK,SCHNOBRICH 61 KAUFMAN, LTD. 3300 PIPER JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 53402 JAMS A, PAYNE TELEPHONE D. RANDALL SOYEP GREG ORY a. SCOTT DAVID A .ONES 411113-333-4000 ORIAN N. JOHNSON ROSANNC O. ZAIOCNWESER LCE ( SNCENT T.MOTIIT W MUCK ROSENT C CASTLE' ALAIN rRECON TCLECOPIER CAROLS SWANSON TMCR(S( M. MANK(L L[SLIE GILLETTE 1331 6I8-33A-Z713 SRUCE A. PETCRSON JULIC FLCMINO-WOLrE M ICHA(L T. NILAN 1351 SIZ']3A-Z7S1 JULIE A. SW(ITZER DCSORAM A. DYSON RO SCRT N. LYNN THOMAS C. MIEL(NNAUS(N ZACHEPY M. JONES TMOMAS M. SIPKINS 1311 6I2-334-IS03 MICNACL O.CMRIST(NSON EICNSON A. WHITN(Y Moo CRT C MOILANCN J. MICHAEL SCMWARTZ KATHRYN M. WALM[R TNOMAS r. N(LSON TODD M JOHNSON OILOROC J. SOCMA THOMAS J 0A010 SUIT( 2000 JCrrREY P. CAIRNS SHAN[ R. K(LLEY OAV 10 L. MASNMALL I200 SCV[P,TECNTM STREET LOUIS P. SMITH SUSAN M. WEIS K ATMLCEN M. MARTIN DIENVe R. COLORADO 60208 SPLICE M. LITTLE MAw11 ►. TEN [YCK J OMN C. CH. LDS OOUaI•S P S(ATON 7(L(PMON( 303-003-1200 MARK I ►ALMA wUSS(LL S. PONCSSA DUANE R. NOCCK(w THOMAS E SANNER TCL(COPI[R 303-003-ZIS4 SRYAN L.CRAWrORO w 1CHANO A. KAPLAN MATTHEW C. DAMON SRUC( S. MPNC[TERS SUIT( 300 SOUTH JC•.N W. PROVO SC OTT C. RI :HT(R 1000 M STREET. N. W. ELL[N SUE PARK(R Or COON rPEO L. MOwR,SON PAUL J LINSTROTM WASMINOTON. O. C. ZOO] ORCOORY O. SROOKCP S COTT A. SM,TN TELEPHONE ZOZ-SZS-S300 WILLIAM M. OJILE. JR. DONALO M L(W IS TEPRANC( A. COsT(LLO T(LtCOP,[R IOl-SZ6 -S]IS ELIZASCTM A T.O.PSzN JOSCPM D. VASS KEITM J. MALL[LANO DIRECT DIAL NUMBER SR1AN W.OHM -AOMITTEO IN IO.,A MARK S. ►CTE R SON fT(VCN A. CHELCSNIM1 -ADMITTED IN ILLINOIS (612) 334-2549 L:- r ra October 4, 1988 a�llll I Ol.� 5 I Ms. Jeanne Mabusth CITY OF ORONO P. 0. Box 66 Crystal Bay, MN 55323 Dear Jeanne: Listed below are resolutions which have been filed in abstract property with the County Pecorder and returned. Name Resol. No. Doc. No. Date Filed Bayside Landinq-Plat Approval 2455 5444187 Auqust 17, 1988 Ronald Timm 2464 5450279 September 2, 1998 Gene & Catherine Scanlon 2474 5450278 September 2, 1988 Robert Owens 2477 5453358 September 13, 1988 Diane & Douq Merz 2476 5453357 September 13, 1988 If you have any questions, please feel free to call either me or my secretary, Paula Van De Laarschot (334-2656). Very truly yours, kw� e�"1000,m /ov Nancy E. Husnik Leqal Assistant ZPLV3 Encs.(5) GENE SCANLON 2515 ,4s FT F ?AO Certificate of Survey for Gene Z Cathy Scanlon in Lot 120, SPRING PARK Hennepin County, Minnesota s WOONapp— A�ae 9too,�;i. t floaeA! gtl�b t Nnooe...� p fe. p, ti zo o sya L p y P. %��:ia O 1" _ 30' B-31-87 , t-11-I41 .e.-w—d /seA Iron marker 1 hereby certify that this is a true and correct represent- ation of a survey of the Wundaries of tre described property. All that part of Lot 120, SPRING 1•ARK and all the un- platted land and that portion of Laiesi;ore Avenue vacated lying between Lot 12C of SPRING PART and the sidelines of said lot projected tc Lake (•linnet it, a, according to the plat thereof on file or of recurd it II•�nnepin County, Minnesota, which lies Northwesteriy of a line running parallel with and distant 5 feet Northwesterly from the Southwesterly line of said Lot and •hc••axtensions there- of. and the location of any existing ouildimrs. It does no, pur- port to show any other improvements or encroachments. COFFIN & GRONB[k G, INC. Mirk—�Zun.er�i 1 ;:=. ln:liricer s, land Sur