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HomeMy WebLinkAboutProject PacketCITY of ORONO February 1, 1995 Mr. J. Patrick Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Dear Mr. Wolfe: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Thank you for complying with City codes and moving your shed off the property. In regards to your January 25th request that your application fee be refunded, I have reviewed the file and concluded that the staff time expended on your after-the-fact application was significant, and at the 1994 staff billable time rate of $30.00 per hour, by rights we should be billing you for expenses incurred in excess of the $175.00 application fee paid on 11/24/93. However, given the circumstance that you have now complied with the code without the City having to resort to legal action, I am willing to forego an additional billing. Enclosed please find a partial listing of staff time expended in relation to your application, and additional documentation. Please contact me at 473-7357 if you have any questions. Sincer7r ~/ ~ -:,:;;;;r-- Michael P. Gafr~ Asst. Planning & Zoning Administrator MPG/ch Enc. Staff Time Compilation Excerpt from 1994 Fee Schedule Affidavits of Publication Signed Application Form cc: Jeanne A. Mabusth, Building & Zoning Adm. Ron Moorse, City Administrator Telephone (612) 473-7357 • FAX 473-0510 DATE ACTIVITY STAFF TIME EXPENDED 8/10/93 Site Inspection: B.Vang 0.2 hr. 8/12/93 Letter to Wolfe: L. Oman 0.3 hr. 1/26/94 Letter to Wolfe: Mabusth 0.5 hr. 2/94 Notice Publication * 5/4/94 Pre. App. Review/ Site 2.0 hrs. Inspection: Gaffron 5/4/94 Letter to Wolfe: Gaffron 0.7 hr. 5/ /94 Meeting Cancellation: 0.1 hr. Gaffron 5/31/94 75-250' Hardcover 1.0 hr. Analysis: Gaffron 6/6/94 Letter to Wolfe: Gaffron 0.5 hr. 7/15/94 Letter to Wolfe: Gaffron 0.2 hr. 8/2/94 Letter to Wolfe: Gaffron 0.2 hr. 9/5/94 Notice Publication * 9/14/94 Review App. /Draft Memo 2.5 hrs. to Planning Com./Prepare Exhibits: Gaffron 9/19/94 Draft PC Action Notice: Gaffron 0.1 hr. 10/6/94 Discussion with DNR: 0.2 hr. Gaffron, Mabusth 10/12/94 Draft Memo to Planning 0.3 hr. Commission: Gaffron 10/18/94 Draft Notice of Planning 0.1 hr. Commission: Gaffron 11/7/94 Draft Memo to Council: 0.5 hr. Gaffron 11/15/94 Draft Notice of Tabling: 0.1 hr. Gaffron 11/22/94 Staff Memo to Council: 0.2 hr. Gaffron 11/30/94 Draft Notice of Tabling: 0.1 hr. Gaffron 12/14/94 Draft Notice of Council 0.1 hr. Action: Gaffron 9.9 hrs. *Publication on 5/2/94, 9/5/94, 0.6 column inches each date, at $6.16 per column inch. Total 2 x 0.6 x $6.16 = Total publication costs of $7 .39 Note: Clerical staff time at the 1994 rate of $18.00 per hour has not been estimated. Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER Mound . ' ' fi.:iinnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the crrv OF ORONO. NOTICE'' ·· ~-<: requirements constituting qualifications as a ;~~t:i~i~rr::;:~~J~h,a~i~ii1ik --:::f~:: qualified newspaper, as provided by Minnesota -The Planning Commis~-io~--~ill hold: ·average lakeshore setback variance and side, Statute 331A.02, 331 A.07, and other app1·1cable ;blic hearings in the Council.Chambers at setback variance ·to allow-the, complete, -so Kelley Parkway on Monday; May 16. ~reconstruction· of ·a residence: within the laws, as amended . . 94 oo the matter of_ reviewing the following -~-approximate footprint of !he formec residence. , 1d use applications: · -,-· -· 8. #1930 Margaret P. Cost seeks /4 i /4/ //4 /4 ·7e. 1. #1895 Pal Wolfe, the owner of the approval of a setback variance from the , operty located at 2Bi'.1 Casco Point Road,. protected -tributary that encroaches the 8) The printed _ __,_,, ........ /.J..,1% .... ..;..:_...,u../?t.1.C..1.i...l,,.~,"""~r.w· c.LU.i."IJ:.!.I.J..I,' .i.dw...l_ ,eks approval of after-the fact hardcover.·· -property located at 255 Brown Road South · • · 7 . :erage lal<eshore setback and lake setback ·and in addition seeks approval of-a variance· ,riances for the reconstruction of a shed that would allow a fence to be installed within a :ated within his lakes.here yard .. < _ design_ated _wetland located_ adjacent to· the _ ------------------------ 2. #1904 Shelly and Eric Liljecu1st. Luce line. -· --: -;., • '? -, •... J -mers of the property located at 3490 Birch ;: :.· -9. #1931 Megan'Tully and James', which is attached was cut from the columns of said 3.ne, -seek approval -of a conditional use · "McManus, owners of the property located at~ irmit _and~ variance for the ,complete C". -1910 Shadywood Road. have applied for ·a, newspaper, and was printed and published once ·construction of a residence to be located conditional use permit and lakeshore setback / :!hin the flood plain of lake Minnetonka ,::;-variance. to allow the reconstruction•·of each week for successive weeks: .,ere no residential construction is allowed.·~.-,: retaining walls within their lakeshore yard~;,.-•, · 3. #1919 Ty Buce~ of 2677 Casco Point ~ .. 10. #1932 Orono School District #278. oad seeks -approval of: side and street ·located at 685 Old Crystal Bay Road North. nbaclcyariances to allow expansion-of the"i.~Jhas applied for a conditional use pertl)it-and, ,otline of the' garage located on the property;;; :_y_ariance . that; .. would allow:·, an, ~.x[ltipg 1d hardcover, -lot coverage; ·lot-area. lot· :"''concession -stand··to be relocated· .on: an :dth;' building height .and· bluff setback ·::.'-existing cement slab. The structure·will not 1riances.for _construction of a new residence .;_:.,,meet the.required setback of 50' lro9'1_ th~ w_est , the property; and a conditional use permit -.. lot line. ·: :· ·. _: : ----_-.. ·:· • ; .: _: · · 1d variance for grading within 75'-ol·the•:/;~:J 11.:#1934 RRH and Company.-·the 1oreiine.ol Lake Minnetonka and within.the .... current owners of 710 Gander. Road,·.seek 9frned bluff impact zone.t_'l'-" .. ""'·.:;:~".-1"· ·-'-'::0··approval bl setback variances for both septic ;;, 4;,#1925 Peter Bovee of 840 Old Long L~and new-residential constructiori,Jrom· the a~et f.lo:i,if.s,j·eeks· .--approval -cl i;etback_ :: adjacent Natural Environmen\_lake;, the,:UP,P!=Sil 3.n~ns;es,-,to,;a)lo_w,the_ .expansi(?r\' ol_the..:.t:, basin_ of F.rench Lake.';;';;<,~.;o~;~il1:?~,:7r:::.c,,.:,_--·_ :-0n1ne of_the ex1sang residence.;,;.-(<-~· c-d ,;c:,0.;f=-.o..,::,:.• All persons wishing to be: heard will. o-;. ;\S.'_ # 1927, Mark Ks McCarty; the current.-,:. appear at this meeting. Written· comments are ,mer.ot245 :fonka Avenue, seeks approval,{'.-solicited. Plans are available in_the City_offices '~ reaf..setback·variance to construct-J;_':~* ... f~~,ce~~.,by_appoi~rmen~,,~;;:tl:i'jit,}'.x~n~~ ,S~~ei_~wrs~ ~~:n~r ~~~7.";ee~~Scir(~i'·o~~~/':~.:~ ;/:':tf:Z,~+:tW4~'f:J ,proval of a 24' x 22' detached garage within·{· By:'Plc!nning Commission•/ ,l,i~i;}!/tl!(i_!J!f; estreetyardofthepropertylocateda1111s ;': .·.. . c, .-. ·--.-7:.-:.::--::·;'.·:~,.,.__:::, rown Road South that would require a street:'. ·Jeanne A. Mabusth --~ t·"J"··:~•: :'·.,_;-,,:~·--::c·· .-_, 2!back variance and a variance that would _ Building & Zoning Administrator .• -~ .. ::.:'.. ~, _ 1 ,ow the strvcture to be placed in front of the • · , --,.._ . · ·--:· · · -· , . : It was first published Monday, the fJ, /lJf day of (/)(i/J 19pj_, and was thereafter printe 1 d ~nd published every Monday, to and including Monday, tht----dayof ___ ~ ___ 19 · &dk. Authorized Agent ~sjdence &tructure_on the property.1: ,;;,:::~:-:::.Z .. (Pub5shed m·Tne laker and Pioneer-May.2~d . : _7. #1929 A!onzo 8. Seran, 111, tt:e ownerc,· .. 199~)( __ , • .--_. _ :.:.,; ::···''. .. :.-,:: !, • • , the property ID<:31~. at .. 4_09~ !'119hwood ~~ ;, ?-. :J/, ~ ·:: =--~-; i;~;_:,;.,::;::-':~,::~ ,,,.:; Subscribed and sworn to me on this , 191-L. By: (1) Lowest ass, ied rate paid by commercial users for aimparable space: $10.96 per inch. (2) Maximum rate allowed by law for above matter: $1?,96. (3) Rate actually charged for above matter: $6.16 per inch. Each additional successive week: $4.24. Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the CITY OF ORONO NOTICE Oro~OrchardRoadSouttt., • • .·-.-equirements constituting qualifications as a 7. #1964 Glenn Heinsch on behalf of . Calvary Memorial Church at 2420 DunwoodyjUalifted newspaper, as provided by Minnesota he Planning Commission will hold Avenue requests a SQUaTe footage variance, . hearings in the council Chambers at forasignproposedtobelocatedonthenorth,tatute 331A.02, 331A.O7, and other applicable :alley Parkway on Monday, September outside wall of the church school building: · ,4 at 1:00 p.m. or as soon thereafter as · · , 8. #1965 Gustafson Design on behalf of3WS, as amended. le on the. .. matter of reviewing the.,0 • James Lear,_ 2525. Dunwoody. A_venue ig land use applications: ·: •.• :.•.c.--' _ . ·>c requests a cond1t1onal use _permit_ and f\ l ; #1895. Pat Wolfe, owner of the. 0 • vanance for grading and excavation within the 3 ) Th • t d \ vt.;:,~ · c_i •,u., J \_,\_~ ty loca1eci at 2871 Casco Point Road, 0-75' _ lakeshore setback zone to .construct • e pnn e -~-~ .. ~-~~-~=-'--=.,__-~..,-=-~-- approval of after-the-fact hardcover, retaining walls. . . . 1e lakeshore setback and lake setback -~ • 9. #1966 Gustafson Design on behalf of'\ (\ • \ . ~ \ :es for the reconstruction of_a shed Douglas Olson, 260) West Lafayette_R.oad,t\Of?)L.:1,,Cc..,..->r tO..,_~ ~\j i within his lakeshore yard. _ requests_ a_ cond111onal · use permit and \--;- !." #1959 James w. Ogland of 3345 · variance for land alterations in the 0-75' h·ch ·s attached as C t f om th col mns of a"d 11 Bay Road requests after-the-fact. lakeshore setback zone for replacement ofv I I W U r e U S I {al _for an acces~ory shed located _ existing retaining ·waits, and hardcover and1ewspaper and was printed and published once ly within a public right-of-way and not setback variances for construct,on of a spa ' 1g the required side or rear property line locat_ed in the 0-75' ~ashore setback zone. iach week for \ successive weeks: ks. . ·,. . · · -10. #1968 Keith and V1v1an Bangert t .#1960 -Tor Jensen on behalf of ·, request variances for lot area, lot width, 0-75' re Congreation of Jehovah's Witnesses, · ·' hardcover, and grading· and tree removal in rogo Road, requests a variance to the the 0-75' lakeshore setback zone for 1ardcover limitation in the 500-1,000' construction of a driveway and a single family ,ver zone for expansion of the existing residence on the vacant parcel at 3500 1 parking lot. Bayside Road, also known as PID'#OS-117-23 ,. #1961 Warren L Paschke of 3349 130015. .;· •• :,, ~ Bay Road requests variances for side 11. #1969 City of Orono requests a ck, lakeshore setback, average street setback variance for construction of a 1ore setback, and hardcover in the 0-75' new parking lot at the Qtv-owned Crysfar'Bay for replacement of a deck and railing f'ost Office, 1355 Brown Road South: ---1 . . , the existing garage. , · . · . · · --. · -.. -All persons wishing to be heard will 5. #1962 Ron. Bowen of Prairie appear at this meeting. Written comments are rations, Inc. on behalf of Bruce B. Dayton solicited. Plans are available in the City Offices ,sts a conditional use permit for _ for review, by appointment. .. . · ation of a ponct involving the removal of ·· · · · · · .. ximately 100,000 cubic yards of material Si!y of Orono operty located at 900 Old Long Lake By: Planning Commission 6. #1963 Engen & Kozojed & Associates, requests a lot width variance for ruction of a new single family residence >lace the existing residence on property d by James and Camille Farley at 15 · Michael P. Gaffron Asst. Planning & Zoning Administrator (Published in The Laker and Pioneer Sept. 5, 1994) • . .. , It was first published Monday, -.\--1,.., .\ the '.::)-day of Se~::re..~~ t 19~, and was thereafter printed and published every Monday, to and including Monday, the __ dayof~ ,~_; v Af.Jthorized Agent Subscribed and sworn to me on this S~ dayof ~f'~.,.._\o,, , 19 ~- By: (1) Lowest classified rate paid by commercial users for comparable space: $10.96 per inch. . (2) Maximum rate allowed by law for above matter: $10.96. (3) Rate actually charged for above matter: $6.16 per inch. Each additional successive week: $4.24. CITY OF ORONO -VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance} Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) --------------------------------------------------- PROPERTY INFORMATION Site Address--=~::!....:~::.......7_/_~~=-~~::::\--~W...,..-"'-+_;;:~~;t""" Property Identif. Number (P.I.D.) _________ _ Attach legal ~escription to application if not include~ on required sur ey. Date Property Acquired __ ........ f--'-' _____ (month/year) I (do) (do not) also own the a~cent parcels of land. ;;:J::1:;0> .. ;~_-. ,-]' -~­., CW? A- Present use of property: L_residential __ other(specify) ______ _ Zoning Distri;ct: ----------- APPLICANT Phone (home) 4 7/-J>.Jdo Name 4:cd \.)4 Phone (work) )fl'.-20£:Q -----~~~====~::.~-~~~~":~*-.~~------==~:~-~~---==:~-~~~! ___ _ OWNER (if different than applicant) Phone (~~,------------ Phone {work} ---------Name -.~ddress: ___________ ;_._ City: ________ Zip: _____ _ --------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $_/;_..S0 __ 0 ____ _ ~cd~t in detail: \~ ,; J Ju D,,: D,J 2=,± £, ..ie --------------------------------------------------------------------------- VARIANCES REQUIRED ,Lot Area _Lsetback: Lot Width Front Hardcover _Lot Coverage Side __ Rear __ Average Lakeshore Other (specify) __________________________ _ --------------------------------------------------------------------~---~--- HARDSHIP/DES~ION.-PJ; YNt7SUAL PROPERTY CONDITIONS C""~ ~·~10' ~ ~ . Describe und e hardship or practical difficulty and unusua ·P O erty condi preventing compli nc w'th Zoning Code (attach additional sheets if necessary} SOBMITT.ALS REQUIRED All of the following inf orntion must be submitted by the application deadline date in order for your application to be considered complete: 1. __ Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. __ Plat Map (obtained with 4. Certificate of survey JU, ~hardcover -calculations property owners list). (signed by a licensed surveyor) as required. (provide. one . ( 1} _ copy to include 8½11 xll" for ¥~ reproduction). · 5. __ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy S½"xll"). 6. __ Sketches or plans of floor & elevation views (provide 1 copy 8½"xll"). 7 • __ As an addendum to this application, p_lease attach a separate list of any other persons you wish notified of this application. 8. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember.that your variance application is not complete if the above information has not been included. . . --------------------------------------------------------------------------- APPLICANT'S SIGNATURE The appl.icant hereby -agrees to provide·· all. information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hi her knowledge./ / Applicant's Signature Date f t , /qt OWNERS SIGNATtJR.B r7 The own_er hereby ackowledges and agrees to this application and further authorizes reasonable ·entry ontg:the property by City ~taff, consultants, agents, Commission members, and Council members for purpo~es_o£_~~vestiga-:::r::d s::::~::tion of his request. _Date I( /4 hi __________________ -__ -__ -__ ----,:r;_~~~_-= __ ....... __ ...,__;._~ __ ---__ -_-____________ J !r-------- Applicant must have all mittals into the ity offices 25 days before the Planning Commission Meeti Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an au;t~o_ri_;rnd ?,gent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. • ... • ------------· • ZONiNG APPLICATIONS (CONT.) Application Type RIP-RAP Staff Review (normal rip-rap) Unusual Rip-Rap: a) New instnllation b) Repair previously approved APPEAL OF ADMINISTRATIVE DECISION INDUSTRIAL REVENUE IlOND APPLICATIONS Minimum Project Vahmlion: $250,000.00 Application Fee: SURCHARGE FOR STAFF EXPENSE IN EXCESS OF AJ>PLJCATION FEES Per Fee Schedule set forth below: Professional Time Clerical Time Legal/Engineering Consultants 1\-lileage/Copies/Postage/Etc. •• AFTEll-Tlll~-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) '\ (Applies to all application types including variances, conditional use permits, subdivision, zoning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) Fee No Charge $100.00 + cur review Staff permit = $100.00 $100.00 Applicable Code Section 10.65, Subd 3 (D) 0.1 % of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses $ 30.00/hour $ 18.00/hour Actual Rilled Cost Actual Cost Section 10.11 This permit fee may be waived by staff for resident prope11y owners who have not involvecl n contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. 5 ... January 25, 1995 Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mike: JAN 3 .0 1995 When I withdrew my variance application in early December, I requested return of my application fee minus publication costs. Please return my fee to meet at the address below with copies of receipts for your expenses. Again, I moved my shed off my property. Sincerely, ,~ J. Patrick Wolfe 2871 Casco Point Road Wayzata, MN 55391 January 25, 1995 Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mike: JAN 3 ,0 1995 When I withdrew my variance application in early December, I requested return of my application fee minus publication costs . Please return my fee to meet at the address below with copies of receipts for your expenses. Again, I moved my shed off my property. Sincerely, "J: J. Patrick Wolfe 2871 Casco Point Road Wayzata, MN 55391 * CITY OF ORONO P.O. Box 66 Crystal Bay, l\1N 55323 473-7357 APPLICATION NO. 1895 NOTICE OF COUNCIL ACTION Date of Notice: 12/14/94 ---------------------------------------------------------------- TO: Pat Wolfe 2871 Casco Point Road Wayzata, MN 55391 COPIES: --------------------------------------------------- TYPE OF APPLICATION: Variance -------------------------------------------------------------- DATE OF MEETING: 12/12/94 VOTE: )K_FOR 0 AGAINST ----------------------------------------------------------------- COUNCIL ACTION -MOTION: To conceptually deny the after-the-fact variance request. Staff to follow-up on applicant's withdrawal of the application and shed removal. Please indicate to the City in writing your withdrawal request and your intent to remove/move the shed, and a time frame for same. If you intend to move the shed to a legal location and construct a lock box to accommodate your pump controls, etc., please provide a site plan and construction plans. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. ch IMPORTANT ~M ESSAGE ) . ~ OF _____________________ _ PHONE --------------------=----=-AREA CODE NUMBER E X TENSION O FAX 0 M OBILE --------------------- AREA CODE NUMBER TIME TO CALL .__TE_L_E _PH_□_N_E_□ ___ _,4-~1 PLEASE" CA_L_L ___ .... :-Jlt_l CAME TO SEE YOU I WILL CALL AGAIN WANTS TD SEE YOU RUSH . RETURNED YOUR CALL SI G NED TOPS ••FORM 74600 Y LJTHO IN U.S.A . WILL FAX TO YOU _.{j) JJJJ1,,,i_. NoT :&_ 4 1"1e:e77N _ _____,.... ~ fk?;u,,t e _ 1 s '1V w / 11~ ,A.£PJ,,.,,t c. _, 1------.,.=.3~{,/JLL-t.-~e 11:+e: $1-hi' (w~J:2_ ___ ______,_~a./."--='-=--&uc:::S'tS: &€.Ftt.N ~ OF v1N ~ ~~D F'I.NA.S • / ~o --++-~-------------+--------~---,"----\ ________ __ ---~-------- ---------~----- --------------~ ---------- ------------------------------- !..---------"------------------------ -------------------------- ------------------~ f~ (1~ 11--2}{...lz ~ ~ -/ O -C/3 51 -p,--/ /v SP g' V~ c_, ft) ,-,.1 ~ s ,2--s ~.c.,__~o,,._,.__ ~ ~ /-2,C., -f '{ ~~IL 70 #(>2-,,fc.. {~v~ ) / ,OA-6s'­ ~-L{(-'1 U f J:i..--1...-{ 1r-frPP-t-ic._ ~tt,AJ -~ f:,+!e... {_ ~ , t ~ ::> -L -, LL~~ A--P-Pt--l~ ~ (/V4j //vs-f 5 -z.--1 t./ f-wfi.t,/C.. /\.JtJ 'f7~ &, t-1 N~ S OF 7S s-r 3.1 ~q '-/ rv'«;l)ts ~$S /. I ;..1--, /D ~ I.A-I/ ,AF-p-i.,t_c__ S,,,.J { p1A-, ~ 64N W?,~CN /Vort~ {o -(()-C,L/ L/~ ~,J---~ 1 -1s---Cjt/ L-~ ~ i#fG. ~ f~ 8 2 c,y l1 H tt kt~ ~ '9' / 0-c, -'l tf / () re<-r-1 b I c u-.H I cJAJ vJ /t>AJ.f?___ VV4?(? ~ °f..-S--,9'-/ f}IA ~t-lC.. (Uv~C-(~ ~IN . ~~ l~c,-(' °(-N C,'f l" 1>~ tp'c.-rF ~ 'Zc) Pe...j f ~AU:? Gy_~ ~ I i ~ (q -'1 '1 ;v ~nU? f pc. ~u ~ ) 0 JN\..t ~ /0 .. f J/L{ l>~-r ; PA-( ~-~-~ ~ 20 ~,..J jf;-/12; -11.f j\J o7lc..(, o~ Pc_ ~ /0 ~ ?' 1, I -9'{ /JDh~ CJF C . ~{.,{ NC,. /;/j ~ II--~ -cr,I{ ~~ ~ s~(L) ;o ~ /I SC> -,'I I A)on~ of C , 7 /.J9..U~ 6 {J--1-~t.f $~ ~ 0 C. f2-(-', . I ~ _ ( L( -9 'f f0 o-r;t ~ ~o F C ofAA-lu<-~0 ~ CITY OF ORONO P.O. -Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1895 NOTICE OF COUNCIL ACTION Date of Notice: 11/30/94 -------------------------------------------------------------------- TO: Pat Wolfe 2871 Casco Point Road Wayzata, MN 55391 COPIES: _________________________________ , _____ , ___________ _ TYPE OF APPLICATION: Variance ----------------------------------·------------- DATE OF MEETING: 11/28/94 VOTE: 4 FOR 0 AGAINST ----------------------------------------------- COUNCIL ACTION -MOTION: Tabled at applicant's request until the Monday, December 12, 1994 Council meeting which will begin at 7:00 p.m. ch :MINUTES OF THE REGULAR ORONO CITY COUNCil.. MEETING HELD ON NOVEMBER 28, 199..i PARK COMMISSION COMMENTS Richard Flint had no comments at this time_ PLANNING COMi"',llSSION COI\1:MENTS There were no members of the Planning Commission presem at this meeting. PUBLIC COM.1\,1ENTS There were no comments from the public_ ZONING ADMINISTRATOR'S REPORT (#4) #1895 PAT \VOLFE , 2871 CASCO POINT ROAD -AFTER-THE-FACT VARIANCES Application #1895 was tabled until the Council meeting of December 12, 1994, at the request of the Applicant. (*#5) #1914 TRAFF/COL\VELL, 2640 NORTH SHORE DRIVE/1130 OLD CRYSTAL BAY ROAD SOUTH -SUBDIVISION OF A LOT LINE REARRANGEMENT-RESOLUTION #3498 Jabbour moved, Kelley seconded, to adopt Resolution #3498, approving a subdivision of a lot line rearrangement for Thomas and Phyllis Colwell of 1130 Old Crystal Bay Road South and Tim and Beth Traff of2640 North Shore Drive_ Ayes 4, Nays 0, (#6) #1968 KEITH & VIVIAN BANGERT, 3500 BAYSIDK-ROAD --... -- VARIANCE/CONDITIONAL USE PER.i'1IT -RESOLUTION #3499 The Applicants were present. Gaffron reported that this application was reviewed by the Planning Commission who recommended denial, but the Coun~J granted conceptual approval as the lot was deemed buildable. Revised plans were to be submitted, and the plan was to limit the portion of the driveway in the right-of-way to just the access. · 5 REQUEST FOR COUNCIL ACTION DATE: November 22, 1994 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Title Assistant Planning & Zoning Administrator Zoning Item Description: #1895 Pat Wolfe, 2871 Casco Point Road -After-the-Fact Variances • Applicant has asked that this be delayed until December 12 meeting. ESSAGE □F-----:--------------:--- PHONE_'-/-=-7~/_-:--r_;l.._:l...~O~:-----:::".=:-:~- AREA CODE NUMSEF;'l EXTENSION ·OFAX O MDBILE _A_R-EA_c_o_□-E-------:N-,,.u.,,..M""s-:::ER::----=T:-:--1M-=E-=T:c:-o-=c.,,.AL-:-L- TELEPHONED CAME TO SEE YOU WANTS TO SEE.YOU SIGNED TOPS ~. FORM 74600 Y LITHO IN U.S.A. . ~LEASECALL . I · .. WILL CALL AG.AIN 1000/o RECYCLED 0 COUNCIL ACTION REQUESTED: Options: 1. Table per applicant's request. 2. Take action to conceptually approve or deny per staff memo of 11-7-94. 3. Other. lsv CITY OF ORONO P.O. Box 66 Crystal Bay, l\1N 55323 473-7357 APPLICATION NO. 1895 NOTICE OF COUNCIL ACTION Date of Notice: 11/15/94 ----------------------------------------------------------- TO: Pat Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 COPIES: ) ------------------------------------------------------------------ TYPE OF APPLICATION: Variance ---------------------------------------------------------------------- DATE OF MEETING: 11/14/94 VOTE: 4 FOR 0 AGAINST ---------------------------------------------------- COUNCIL ACTION -MOTION: Tabled at applicant's request for two weeks. This item is rescheduled for the November 28th Council meeting which will start at 7:00 p.m. Please contact staff if you cannot be in attendance. ch \UNUTES OF TI-IE REGULAR ORONO CITY COUNCIL . MEETING HELD ON NOVEMBER 14, t99-t PUBLIC COM:1\-IENTS Marie Purvey of 3926 Cherry Avenue, Mound, voiced her concern over the escalation of her sewer costs. Purvey asked for information on how the sewer costs were established and how the increase was determined . Purvey reported an increase of 3 8% since 10/93 from $58 to S70 .5 5. Callahan said there is a separate sewer fund in the City. The Fund is used to operate the sewer and maintain the lift stations. The sewer r'ates were passed at a Council meeting as part of the City budget. Purvey asked if a metering service is available. Moorse said commercial buildings are metered according to volume. Those residential properties connected to City water have meters, but others who do not have City water do not have meters. Residents are charged on a unit basis. There was a 30% increase last year but it was noted that this occurred after six years of no increase . The increase was in direct relation to the amount paid to the Metropolitan Waste Control Commission. Moorse reported being in the process of looking at the possibility of residential metered service and noted there would be a cost involved for instailation of the meters. Moorse said one option for metering is that if a customer would like to be charged based on their volume, they could install a meter. This presently is not available . Jabbour noted that the recent drought period reduced the lake water level resulting in less sewer flow and less money being charged to the City by tbe lvfWCC . The Orono residents received the benefit of this by lower sewer bills the past six y ears . Jabbour also said the meters would require being read which would cost the customer in his or her sewer bill. Purvey asked about customers reading their ovm meters , and Moorse said there are options available regarding meter reading . Callahan commented on the amount of water now going through the sewer system because of sump pumps currently connected to the system whic h should not be. This is an area that the City is now looking at which will result in cost saving in the near future. ZONING ADi'\-1Th'ISTRA TOR'S REPORT (#3) #1895 PAT WOLFE, 2871 CASCO POINT ROAD -AFTER-THE -FACT V ARJ.ru', CES The Applicant \Vas not present and asked Staff to remove the application from the agenda. Jabbour moved, Goetten seconded, to table Application #1895 for Pat Wolfe until the Council Meeting of 11/28/94. Staff was informed to notify Mr. Wolfe to be present at the next meeting as this issue will be acted upon at that time. 2 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Reviewed: Name Michael P. Gaffron Title Assist. Planning & Zoning Administrator DATE: November 7, 1994 ITEM NO.: Agenda Section: Zoning Item Description: #1895 Pat Wolfe, 2871 Casco Point Road -Variance Zoning District: LR-lC Single Family Lakeshore Residential, 1/2 acre. Application: After-the-fact variances for construction of 10'x12' storage shed located 8' from the shoreline, (arguably) 3.5' from side lot line, and constituting 120 s.f. of hardcover in the 0- 75' zone where no hardcover is allowed. List of Exhibits A Planning Commission Minutes 10/17 /94 B -Notice of Planning Commission Action 10/18/94 C -Memo and Exhibits of 10/12/94 Discussion Please review 'the memo and exhibits of 10/12/94. Briefly, applicant constructed a 10'x12' storage shed near the lakeshore, replacing a somewhat larger deteriorated shed in the same location. The construction was done without a permit, and in violation of code sections regarding hardcover, structure setback from shoreline, and the non-conforming use section. The applicant requests to leave the shed as is in its current location, citing a number of reasons for the request in his letter of October 10th. Planning Commission Recommendation Planning Commission reviewed this application at their October 17th meeting and on a vote of 7-0 recommended denial of the request, noting the lack of acceptable hardship or justification for granting of variances, and noting that alternate locations exist on the property where the structure could meet code requirements. Staff Recommendation Staff concurs with Planning Commission that the variances should be denied based on lack of acceptable hardship or justification. Staff further recommends that the applicant be required to remove the structure to a location meeting code requirements. Request for Council Action continued page 2 of 2 November 7, 1994 Zoning File #1895 Applicant should be advised of the option of constructing a "lock box" (20 s.f. maximum area, 48" maximum height) in the same location to contain the existing pump and irrigation system controls. Options for Action 1. Conceptual denial, directing staff to draft a denial resolution for final action on November 28th. 2. Table for additional information (specify). 3. Conceptual approval, directing staff to draft an approval resolution for your next meeting (specify hardships). 4. Other. ch CITY of ORONO November 3, 1993 Mr. Patrick Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Re: Storage Shed Dear Mr. Wolfe: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 On August 12, 1993 this office notified you of zoning and permit requirements for a storage shed placed on your property. As of this date, the issue remains unresolved. Again your options are to remove the shed from the property or apply for a building permit to place the shed in accordance with the zoning code. A new deadline of November _10, 1993 has been established for removal or permit application submittal. If this deadline is not met, the City will issue citations and refer the matter to the City Attorney for further legal action. If you have any questions, feel free to contact me at my office. Sincerely, !fo~ Building Official LO/ch cc: Jeanne A. Mabusth, Building & Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1895 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 10/18/94 -------------------------------------------------------------------------------- TO: Pat Wolfe 2871 Casco Point Rd. Wayzata, MN 55391 COPIES TO: ---------------------------------------------------------------------------------------- TYPE OF APPLICATION: Variance DATE OF MEETING: 10/17/94 VOTE: 7 FOR 0 AGAINST Planning Commission recommends the following: Denial for reasons noted below. NOTES AND SPECIAL CONDITIONS: 1. Lack of acceptable hardship or justification for granting of variances. 2. Alternate locations for structure meeting code requirements are available. Applicant's next scheduled meeting is confirmed as: City Council Monday, November 14, 1994; meeting starts at 7:30 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. ch MINUTES OF THE ORONO PLANNING CO!v.lMISSION t\1EETING HELD ON OCTOBER 17 , 1994 amble -Continued) '-Peter Achey of 472 ~side voiced his concern with being able to s _, y access the lots . Due to the lay of the lan Achey felt placing the two driveways egether would create a hazard , while the peak of tli oad on Bayside would provid w hat he felt w ould be a good safe entry . / . Mabusth said the County normally like o kee_g.,.clfiv eway access away from County roads . However, in this case, the County would !~"'access to be from Bayside Road rather than McCully, due to the high usage of McCuily . Peterson noted a problem with combining the driveways due to the~p grade an o aid a safe access will be a priority. ,_,,,/ It was noted that a walkaw ¥-'as shown for Lot 1 linking · to the Luce Line . Lindquist moved , Pet erson seconded, to approve the two-lot subd1vi ion application for / Don Gamble a~80 Bayside Road to include the 8 Staff recommendatie. s listed , along w ith the additro nal requirements of wood chips to be used on the wal.kv,ay a . / connecting Lot l to the Luce Line, and lot access subject to approval by Hennepin County and t~ity of Orono . Ayes 7, Nays 0 . (✓i) T THHII:S ITEl\'1 WAS REMOVED FROM THE AGEi"ffiA _,.... , • (;3) ;;;;;;:-;:;L~, :::-:~O~~ ~A;;;: THE::;----. \ VARIANCES-CONTINUATION OF PUBLIC HEARING-7:25-7:50 P.M. \. The Certificate of Mailing and Affidavit of Publication were noted . ~ M r. W o lfe was present. Gaffron reported this application is for an after-the-fact variance for a shed located in the 0-75' zone. The shed is 1 O'x 12', requiring a building permit , is located 8' from the shoreline, and constitutes 120 s .f of hardcover. It is also 3 .5' from the side lot line next to the public access and beach . The shed was replaced, rather than repaired, which according to the code cannot be done in the 0-75' zone ma..1.cing it non-conforming . The DNR recommended denial in a letter, later reyjsing their recommendation that if the shed was placed. 1 O' from shoreline, the applicant should go to the City for approval . Gaffron said there is a problem with the exact location of the property lot line . A Torrens action probably would be required to determine where the lot line is located . This could result in the loss of beach for the City . The City recommends · denial. It should be noted that the neighbors have said the shed has improved in appearance . 2 .• ?vITNUTES OF THE ORONO PLANNING CONIMJSSION (#3 -#1895 -Wolfe -Continued) Mr. Wolfe commented that the City asked to install a drainage ditch six years ago which is 60-70' from the shoreline. It buffers the shed though can be hazardous to children . \Volfe said the #J problem is security. He feels the easement creates problems with trespassing and theft, and the shed eases this problem . The shed houses the pump for his irrigation system and electricity for the area . Mr. Wolfe reported knowing he needed a building permit. He was of the opinion that the builder had acquired the permit and had placed a public notice sign on his lot. Wolfe later found out that no such permitwas gotten, and the sign was probably stolen elsewhere Schroeder noted that the applicant should not have to incur malicious security problems suggesting a fence be erected in the area to help alleviate these problems . Schroeder reported that a neighbor had received a variance for such a fence . Nolan commented that security does not warrant a hardship in that security from intrusion is not solved by a shed. Nolan noted there are other areas where the shed could be located. Council members also said a lock box, which is about 4'x5' and 4' high, would serve the needs for the electrical and pump . Peterson moved, Berg seconded , to deny Application #1895 for an after-the-fact variance for construction of a shed for Pat Wolfe at 2871 Casco Point Road. Ayes 7, Nays 0. (#4) #1959 .JAMES W. OGLAND, 3345 CRYSTAL BAY ROAD -AFTER-THE­ FACT VARIANCE-CONTINUATION OF PUBLIC HEARING-7:50-7:57 P.M. Cerrific~e of Mailing and Affidavit of Publication were noted . lvir. Ogland was present. Gaffron stated this application was tabled from the last meeting to devise a revision for the location of the shed. The shed is located on Dakota Rail right-of-way and built without a permit . Ogland has agreed to move the shed bringing it to the zero setback, 1 O' from the house which will preserve a large tree. Hardcover percentages need to be calculated. A lot coverage variance is technically needed but is less than the 1500 s .f allowed . 3 ., ~DNUTES OF THE ORONO PLA.i~G COivll\1ISSION MEETING HELD ON OCTOBER 17, 1994 (#1 -#1976 -Gamble -Continued) Peter Achey of 4 720 Bayside voiced his concern with being able to safely access the lots . Due to the lay of the land , Achey felt placing the two driveways together would create a hazard, while the peak of the road on Bayside would provide what he felt would be a good safe entry. Mabusth said the County prefers locating new curb cuts off County roads . However, in this case, the County would approve access at Bayside Road rather than McCulley, due to the high usage of McCulley. Mr. Peterson noted a problem with combining the driveways due to the steep grade and said a safe access will be a priority . It was noted that a walkaway was shqwn for Lot l linking it to the Luce Line. Lindquist moved, Peterson seconded , to approve the two-lot subdivision application for Don Gamble at 4680 Bayside Road to include the 8 Staff recommendations listed , along with the additional requirements that waLlcway area connecting Lot 1 to Luce Line be constructed at existing grades with wood chips placed on surface, and curb cuts subject to approval by Hennepin County and the City of Orono . Ayes 7, Nays 0 . (#2) THIS ITEI\tl WAS REMOVED FROM THE AGENDA (#3) #1895 PAT WOLFE, 2971 CASCO POINT ROAD-AFTER-THE-FACT VARIANCES-CONTINUATION OF PUBLIC HEARING-7:25-7:50 P.1\.1. The Certificate of Mailing and Affidavit of Publication were noted . Mr. Wolfe was present . Gaffron reported this application is for an after-the-fact v ariaIJ.ce for a shed located in the 0-75' zone . The shed is IO'xl2', requiring a building permit, is located 8' from the shoreline, and constitutes 120 s.f. of hardcover within the lakeshore protected area . It is also 3 .5' from the side lot line next to the public access and beach. The shed was totally reconstructed, except for foundation slab , and would require the approval of the City . . The DNR recommended denial of the variance and advised City to enforce its regulations . Gaffron said there is a problem with the exact location of the side lot line. A Torrens action probably would be required to determine where the lot line is located . This could result in the loss of public beach area. The neighbors have sent supportive letters noting the shed has improved in appearance. 2 MINlJTES OF TIIE ORONO PLANNING COl\1MISSION MEETING HELD ON OCTOBER 17, 1994 (#3 -#1895 -\Volfe -Continued) 11r. Wolfe commented that the City asked to install a drainage ditch si.-x years ago which is 60-70' from the shoreline. It buffers the shed though can be hazardous to children. Wolfe said the #1 problem is security. He feels the easement creates problems with trespassing and theft, and the shed eases this problem. The shed houses the pump for his irrigation system and electricity for the system. 11r. Wolfe reported knowing he needed a building permit. He was of the opinion that the builder had acquired the permit and had placed a public notice sign on his lot. Wolfe later found out that no such permit was obtained, and the sign was probably stolen elsewhere Schroeder noted that the applicant should not have to incur malicious security problems suggesting a fence be erected in the area to help alleviate these problems. Schroeder reported that a neighbor had received a variance for such a fence. Nolan commented that security does not warrant a hardship in that security from specific intrusions noted by Applicant is not solved by a shed. Nolan noted there are other areas where the shed could be located. Council members also said a lock box, which is about 4'x5' and 4' high, would serve the needs for the electrical and pump equipment. Peterson moved, Berg seconded, to deny Application #1895 for an after-the-fact variance for construction of a shed for Pat Wolfe at 2871 Casco Point Road. Ayes 7, Nays 0. (#4) #1959 .JA.l\1:ES \V. OGLAND, 3345 CRYSTAL BAY ROAD-AFTER-THE­ FACT VA.RIA1~CE-CONTINUATION OF PUBLIC HEARING-7:50-7:57 P.M. Mr. Ogland was present. Gaftron stated this application was tabled from the last meeting to devise a revision for the location of the shed. The shed is located on Dakota Rail right-of-way and built without a permit. Ogland has agreed to move the shed bringing it to the zero setback, 1 O' from the house which v.,i1l preserve a large tree. Hardcover percentages have been calculated. A lot coverage variance is technically needed but is less than the 1500 s.f. allowed. 3 To: From: Date: Chairman Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator October 12, 1994 Subject: #1895 Pat Wolfe, 2871 Casco Point Road -Variances -Public Hearing Zoning District: LR-lC, Single Family Lakeshore Residential, 1/2 Acre Application: After-the-fact variances for construction of 10' x 12' storage shed located 8' from the shoreline, (arguably) 3.5' from side lot line, and constituting 120 s.f. of hardcover in the 0-75' zone where no hardcover is allowed. Note: This item was tabled at your September 19 meeting because the applicant was not present. Staff is advised he will be present at the October 17 meeting. List of Exhibits A -Letter from Applicant, 10/10/94 B -Letter from DNR, 9/27/94 C -Notice of Planning Commission Action, 9/22/94 D -Memo and Exhibits of 9/14/94 Discussion Please review the above noted exhibits. While the DNR has recommended denial, the applicant has provided a letter detailing his hardships and background regarding the shed, as well as the location of this property next to a public access and beach area. The issue of the location of the property boundary is addressed in the memo of 9/14/94. Planning Commission's options for action as detailed in that memo remain applicable. lsv October 10, 1994 Mr. Michael P. Gaffron Assistant Planning and Zoning Administrator City of Orono 2750 Kelly Parkway Orono, MN 55356 Dear Mike: Thanks to you and Jean Mabusth for all of the time you gave me last week. Please attach this letter to my request for an after the fact variance to rebuild the storage shed on our property. Due to the delays of having five different surveys completed in the last year, this application has been unduly delayed. While it is my understanding that not only Ruthie and I but also the city of Orono believe the shed is on our property, we understand your desire to get this before the Planning Commission. Therefore, consistent with your recommendation, we will move immediately to Torrens proceedings upon approval of our request. As we discussed, the traffic on the easement and our dock has created a unique hardship we were not aware of when we purchased this property twelve years ago. While the shed would not have prevented all of the problems created by the easement we are confident it has eliminated many of them. Security for our possessions and our family has been a serious problem as police reports have frequently validated. Throughout the trespassing, after hours traffic in our yard and on our dock, theft, and breaking and entering we have continued to maintain the easement. This has entailed everything from cleaning up broken bottles and beer cans to mowing, seeding, landscaping, providing the City with fabric for its retaining wall and allowing the City to come onto and grade our property for a new drainage ditch. The easement makes our property unique because of the security problems it generates. Loss of this shed would increase the hardship of our security problems. The property doesn't allow for relocation of the shed without significant expense but more importantly without loss of a significant level of security for us. Practically and financially hardships would be created by lack of another suitable location on the property and the cost of moving pipes, pump, and electrical and irrigation systems that have been in this shed for an estimated twenty plus years. We need a secure structure at the lake for our possessions as well as for the 100 watt electrical box, pump, pipes and irrigation system. To relocate these systems would create a significant hardship of its own. We used the original foundation which we shrunk from 12' x 15' to 10' x 12' in size. We believe the alteration in this structure cost less than 50% of the value of the structure in 1975. As evidenced by enclosed letters, the neighbors have been pleased by the downsizing, the appearance and the safety of the shed. Per your and Jean's recommendation and the recommendation of Ceil Strauss at the DNR, we will provide additional screening on the lake side to minimize the visual impact during all four seasons and to prevent erosion. Ruthie and I want to do whatever we can to work within your system to keep this storage shed in its existing location on the old foundation. Please call me at 376-7050 (work) or 471-8220 (home) if I can be of any additional assistance. Sincerely, ~~\~jL,Uf Pat and Ruthie Wolfe 2871 Casco Point Road Wayzata, MN 55391 INJ[N)~~©u~ -~ STATE OF DEPARTMENT OF NATURAL RESOURCES PHONE NO. METRO WATERS -1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 FILE NO . September 27, 1994 Mr. Mike Gaffron City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 R~CEiVED 'SEP 2 9 1994 'ClTY OF ORONO RE: LAND USE APPLICATIONS, CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Gaffron: I have comments on the following land use applications. #1895, Pat Wolfe, 2871 Casco Point Road (27-133-11). The applicant requests after-the-fact hardcover, average lakeshore setback and lake setback variances for the reconst_ruction of a shed. DNR Metro Waters recommends that the city deny the variance requests as they are currently proposed. There are many alternate locations on the lot where the shed would be able to meet the city's setback requirements. We also question whether hardship exists. #1965, Gustafson Design on behalf of James Lear, 2525 Dunwoody Avenue (27-133-11, Spring Park Bay). The applicant requests approval of a conditional use permit and variance for grading and construction of retaining walls within the 0-7 5' lakeshore setback . We understand that there is an existing erosion problem and that a replacement wall of some type is required. We do not object to the city approving retaining wall work at this location as long as: the city engineer agrees that the design is structurally sound and will prevent erosion problems, disturbance of the existing trees and vegetation in the lakeshore area is minimized, and any shoreline riprapping is done in accordance with the rules of the Minnehaha Creek Watershed District and the DNR conditions for not requiring a permit. #1968, Keith and Vivian Bangert, 3500 Bayside Road, PID 05-117-23 13 0015. (27-133-23, Stubbs Bay}. The applicants request several variances for construction of a driveway and single family residence. DNR Metro Waters recommends that the city deny the variance requests as they are currently proposed. In particular, we are concerned about the proposed driveway off of CR 84 (Bayside Road) which would require considerable grading and vegetation removal on a bluff. Further, it is our understanding that even if the proposed extensive alterations to the existing bluff were allowed, the applicants would still have a marginal access based on AN EQUAL OPPORTUNITY EMPLOYER Mr. Mike Gaffron September 27, 1994 Page 2 current traffic safety standards. We recommend that the applicants explore the possibility of obtaining an easement for an alternate access alignment. It should be noted for all the above variance applications that the courts have said that the applicant has a "heavy burden of proof" to show that all the prerequisites to the granting of a variance are satisfied. This is because a variance allows property to be used in a manner forbidden by the ordinance. The Department should be advised of the action taken on items #1895 and #1968 within 10 days of final action and copies of the official record should be forwarded to this office if the variance requests are not denied. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist CCS/cds c: Lake Minnetonka files 27-133-11 and 27-133-23 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 ZONING FILE #1895 NOTICE OF PLANNING COM1\1ISSION ACTION DATE OF NOTICE: September 22, 1994 ----------------------------·------------------------------ TO: Pat Wolfe 2871 Casco Point Road :Wayzata, MN 55391 --------------------------------------------------------------------------------- TYPE OF APPLICATION: Variance (After-the-Fact) ------------------------------------------------ DATE OF .MEETING: 09/19/94 VOTE: 4 FOR 0 AGAINST Planning Commission recommends the following: Tabled for reasons noted below: Although applicant had requested this be tabled until he met with Jeanne Mabusth, applicant did not contact Ms. Mabusth. Staff viewed this as an unwarranted delay and placed the application on the September 19th agenda. Application was tabled by Planning Commission since applicant was not present. Please contact Jeanne Mabusth immediately to schedule a meeting. Applicant's next scheduled meeting is confirmed as: Planning Commission, Monday, October 17, 1994; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. lsv To: From: Date: Chairm;m Schroeder and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Assistant Planning & Zoning Administrator September 14, 1994 Subject: #1895 Pat Wolfe, 2871 Casco Point Road -Variances -Public Hearing Application: After-the-fact variances for construction of a 10' x 12' storage shed located 8' from the shoreline, (arguably) 3.5' from the side lot line, and constituting 120 s.f. of hardcover in the 0-75' zone where no hardcover is allowed. Pertinent Code Sections/Variance Request 1. Section 10 .22, Subd. 1 and Section 10 .56, Subd. 16 (C) -No structure is allowed less than 75' from shoreline. (Shed is 8' from shoreline). 2. Section 10.22, Subd. 5 and Section 10.56, Subd. 16 (L) -No hardcover allowed in 0-75' zone. (Shed constitutes 120+ s .f. of hardcover). 3. Section 10.55, Subd. 26 -Non-conforming uses. (A shed apparently previously existing at this location was totally removed and replaced with the new shed. This action constituted structural repairs in an amount in excess of 50 % of the value of the old shed at the time it became non-conforming. in approximately 1975 when code was adopted). List of Exhibits A - B - C - D - E - F - Application Plat Map Property Owners' List Letter of Request Letters from Neighbors Elsen and Iverson Surveys: 1) Otto & Associates -Received 7-8-94 2) Otto & Associates -Dated 4-13-94 3) Otto & Associates -Dated 8-22-84 4) Otto & Associates -Dated 3-1-84/10-25-83 5) Kelley & Kelley -Dated 2-1-57 6) Original Plat -Dated 8-1-1879 G Hardcover Review by Staff (75-250' zone) H -Sketch of Allowable Shed Locations I -Correspondence • Violation Notice 8-10-93 • Letters 8-12-93, 11-3-93, · 1-26-94, 5-4-94, 6-6-94 J -Non-Conforming Use Section 10.55, Subd. 26 Zoning File #1895 September 14, 1994 Page 2 Background The applicant recently constructed a new 10' x 12' storage shed which was noted by the Inspections Department in August 1993. The property owner was advised that such a shed is not an allowed use and to leave it in its current location would require variances from the lakeshore setback and hardcover requirements. Mr. Wolfe has acknowledged that the shed is essentially a complete replacement of a shed that formerly existed in the same location. This is confirmed by the letters from the neighboring property owners. However, such total replacement constitutes a violation of the non-conforming use section of the code, which is written with the clear intent that old structurally unsound buildings near the lakeshore should be removed rather than replaced. (See Exhibit J). As can be seen from the various items of correspondence, staff has reiterated to the applicant that this structure is illegal and must be relocated to a legal location on the property, meeting setback and hardcover requirements. Adding to the problem is that the eastern boundary of the property is in question due to lack of detail in the original 1879 plat and due to a legal description that lacks detail. In fact, many surveys of the property have been done through the years, and they are inconsistent. The most recent survey merely reflects staff's interpretation of what the legal description intended to describe, and which applicant's surveyor felt had as much justification as any of the previous versions. Problematically, this most recent version, while placing the shed within applicant's property, results in a significant narrowing of the City's beach right-of-way which could cause significant problems for continued use of the beach. Because of this issue, staff recommends that if Planning Commission finds justification to allow the shed to remain as located, such approval should be conditioned on applicant completing a torrens or land registration action to reach a conclusion as to where the property line actually is. Statement of Hardship Please review applicant's hardship statement on the application form and his letter of request. Given the relatively clear intent of the municipal code, is there any justification presented that supports the existing shed location? There are other places on the property (see Exhibit H) in which a shed could be legally located. Existing hardcover as calculated by staff is 24.94% in the 75-250' zone. There is likely a potential for minor hardcover removals to allow the shed to be relocated without a hardcover variance or with a very minor variance of less than 1 % . Zoning File #1895 September 14, 1994 Page 3 Options for Action lsv 1. Recommend approval of setback, hardcover and non-conforming use variances to allow the existing structure to remain, conditioned on applicant completing a torrens or registration action. 2. Recommend denial and recommend that applicant remove the offending structure to a conforming location. Determine whether hardcover variance in the 75-250' zone is appropriate. 3. Table for additional information, or until the lot line is legally established. (Such a process could take many months; should shed remain in place during that time?) 4. Other. ~,trs CITY OF ORONO -VARIANCE APPLICATION # ~~t.\ ~-::J r·1 ~,;,. Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) ~t>•~-,,J';~ 't\'c _)}J ----------------------·---------------------------- PROPERTY INFORMATION Site Address____:~:l....=~~7_/____;=i.a~::::!,,l._~~~~i.::.g,,.cso'-\-...:::::.~~...,,. Property Identif. Number (P.I.D.) _________ ___ Attach legal description to ap lication if not included on required sur ey. Date Property Acquired __ ...._.__.....,..__ ____ (month/year) I (do)(do not) also own the a~cent parcels of land. ft ' Present use of property: ..L.._residential __ other(specify) ______ _ Zoning District: ----------- APPLICANT Phone (home) 4 7/-x-.J:Ja Name ~ \.. ) 4 Phone (work) ) 7C:: -;?:O £l:2 -----~~~====~::.~-~~~~".:!1.:.~~------=~=:~-~---:~~~-~~~! ___ _ OWNER (if different than applicant) Phone (~We~------------ Name Phone (work) --------- Address: j • City: Zip: ----------------------------------------------------------------------------------------- DESCRIPTION OF REQUEST Estimated Construction Cost $_/_5°0 __ 0 ____ _ ::c~t in detail: \~ A ,J) Ju D.a: .D.J W L >AD VARIANCES REQUIRED ,Lot Area _Lsetback: Lot Width Front Hardcover __ Lot Coverage Side __ Rear __ Average Lakeshore __ Other (specify) __________________________ _ HARDS~I 1P:~,cyg~'I_"~IJNUSUAL PROPERTY CONDITIONS ~~! Describ ~ hardship or practical difficulty and unusu~ ~o~rty condi preventing compli nee w'th Zon'ng Code ~s=---~ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted by the application deadline date in order for your application to be considered canplete: 1. __ Completed Application Form 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 3. __ Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include ffe _g-hardcover calculations as required . (provide . one (1) copy 8½:"xll" for ¥ reproduction). 5~ Topographic survey (existing and proposed elevations) if any changes --in existing grade are proposed (provide one copy 8½:"xll"). 6. __ Sketches or plans of floor & elevation views (provide 1 copy 8½:"xll"). 7 • __ As an addendum to this application, p _leas.e attach a separate list of any other persons you wish notified of this application. 8. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant here.by agrees to provide al 1 information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of hi her knowledge./ / Applicant's Signature Date 112 /9 t OWNERS SIGNATURE I I The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry ont~ the property by City staff, consultants, agents, Commission members, and Council members for purpo~es. o.f investiga­ tion and verification of his request. Owner's Signature Date I[ 10) -----------------------J.-=-------- Applicant must have all bmittals into ity offices 25 days before the Planning Commission Meeti Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an au_t~ori _zed ~gent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting • • . . . . GOVT LOT 5 ___ 16_1 - -- RUN DATE 11/24/93 BATCH 004 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 20-117-23 31 0014 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO LOCAL PONDING AREA 9/5/80 ST DEED 158897 38 20-117-23 31 0023 00038 ADDRESS UNASSIGNED T W KNAPPER & D G LYON TODD KNAPPER & DEBORAH LYON 2874 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0056 02871 CASCO POINT RD JP & R WOLFE J PATRICK WOLFE 2871 CASCO POINT RD WAYZATA MN · 55391 38 20-117~23 32 0007 02829 CASCO POINT RD BE PETERSON & MP PETERSON BRYCE E PETERSON AND MARY PAT PETERSON 2829 CASCO POINT ROAD WAYZATA MN 55391 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 20-il7-23 31 0020 02874 CASCO POINT RD T W KNAPPER & D G LYON TODD KNAPPER & DEBORAH LYON 2874 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0053 02895 CASCO POINT RD RICHARD G HELSTROM ETAL RICHARD G HELSTROM 2895 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0057 02835 CASCO POINT RD ROSEMARY C IVERSEN ROSEMARY IVERSON 2835 CASCO POINT RD WAYZATA MN 55317 38 20-117-23 32 0008 02825 CASCO POINT RD DAVID J YORKS & WIFE DAVID J YORKS 2825 CASCO POINT ROAD WAYZATA MN 55391 REPORT NO. PI435401 PAGE 11 38 20-117-23 31 0022 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0054 02879 CASCO POINT RD 1 L D & K E ELSEN LAWRENCE D & KATHERINE ELSEN 2879 CASCO POINT ROAD WAYZATA MN 55391 38 20-117-23 31 0067 02868 CASCO POINT RD CHARLES F NELSON & WIFE CHARLES & LUCY NELSON 2868 CASCO POINT RD WAYZATA MN 55391 TOTAL BATCH. 004 00011 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~ ,/f,,,fl, ~ DATE u\?l,,q3 BY __ • .,a..-a..oo-~----=---- \ D -- November 9, 1993 Mr. Lyle Oman Building Official City of Orono 27 50 Kelley Parkway Orono, MN 55356 Dear Lyle: ~-~--~t u Please attach this letter to my application for a building permit and variance to rebuild the storage shed at my residence. As we discussed on the telephone, the builder I hired did not obtain a building permit and rebuilt the storage shed on the foundation of my former storage shed. There has been a larger structure in this location for an estimated forty plus years and obviously we would like to keep the smaller improved structure. I have had disc and lower back problems for over ten years and the hauling between the house and lakeshore can be very debilitating for me . This shed is smaller and safer than the old structure which was a safety hazard and an attractive nuisance for our children and other kids in the neighborhood. They played in and on the old structure which was just waiting for an accident. With the traffic day and night on the abutting public easement we also need this storage shed to secure our possessions. Our neighbors have been very pleased with the new structure as evidence by their enclosed letters. Ruthie and I want to do whatever we can to work within your system to keep this storage shed in its existing location on the old foundation. Please call me at work at 376-7050 or at home at 4 71-8220 if I can be of any additional assistance. Sincerely yours , p):5!!:w~ 2871 Casco Point Road Wayzata , MN 55391 November 9, 1993 City Of Orono P.O. Box 66 Crystal Bay, MN 55323 Attn: Orono city Council & Orono Planning Commission RE: The Patric Wolfe Residence 2871 Casco Point Road Wayzata, MN 55391 To Whom It May Concern: It is our understanding, some questions have come up regarding Mr. Wolfe's storage shed. We live next to the Wolfe's at 2879 Casco Point Road and are pleased to see the improvement. The improved shed, now in place, looks great and appears smaller than the previous shed. This structure is definitely an improvement in regards to safety. The last structure was old and appeared structurally unsound. We welcome the improvement and have no problem with it as it is. Yours truly, D. Elsen ;:,.-., .. November 9, 1993 City of Orono 2750 Kelley Parkway Orono, MN 55356 To Whom This Concerns: e-2 r •._,,. ••,i, I am writing this letter to you in regards to an improvement my next door neighbor made to his property at 2871 Casco Point Road. The Wolfes rebuilt a lakeside shed which replaced a deteriorating shed that was an eyesore and a hazard. The roof was rotting and sagged and the door wouldn't shut. Electrically it was unsafe. The new shed is less obtrusive and seems to be smaller in size. This is a pleasing improvement from my viewpoint as a neighbor. Sincerely, I _,,,. ,, . c/-.c(;_~ •t,,\...,.. ...... -, Rosemary C Iversen 2835 Case , Point Road Wayzata r MN 55391 / (\ r--.. ,_) 1--..J r--..r I /.-.. ;J I I I /l I I I\ I cf ,,. 30" Oak 'O -30" Oak r 36" Ock ) / \ \ ) ./ I / ,/ / / / I h•r~b'f certtf_r thof th,, !P.Kvey, pion N reixxr was pr•pored r,-, t'l'll" or under my direct •uoe~v1!10ff and that I om o duly l:i•9is1ered Lend Surv•yor uru1•r th• ~_fo £dwar~ /J:ttaJ' ':,ata-1.i/~~~•!'rof•O" 11/,1 •4~'"'J PROPERTY DESCRIPTIO~ Lots 111, 112, and 113, SPRING PARK, according to the plat the, on file and of record in the Office of the County Recorder in for Hennepin County, Minnesota, except the northerly 68.00 fee­ the westerly 48.00 feet of said Lot 113. Together with that part of the Vacated Lake Shore Avenue ar. tract of land lying southerly of said avenue lying between the r line of said Lot 111 extended southerly to the shore of : Minnetonka and a line drawn 10.00 feet easterly of, measurec right angles to and parallel with the west line of said Lot : extended southerly to said shore of Lake Minnetonka. AND That part of Carmen Avenue according to the record pla~ PARK, Hennepin County, Minnesot:a, that lies ...,ester ly described as follows: Commencing at the Northwest corner of Lot l l l.. ot sd1;.; St•:• PARK; thence on an assumed bearino of South t.2 degrees 54 m1n:" 20 seconds East along the Northeasterly line of said Lot 111 its easterly extension, a distance of 223.19 feet to the point beginning of the line to be described; thence South 45 degree~ minutes 05 seconds West, a distance of 134.32 feet; thence Sout: degrees 03 minutes 00 seconds West, to the shore of Lake Minnetc and said line there terminating. • danotes iron monument foond 0 denotes iron monument set marked R.LS. 14343 N~qvuted ., . PAT WOLFE Dot•· w 11/9/1993 -Drawn by Fl TTO L.J.N. Sco1• · tt SSOCIATES /" = 20' Land Surveyor, 1-800-362-3664 Ch•r:ked by 9 W O,vrs,on Buffalo, Minnesota 553!.3 682-4727 v}O R•wl3ed 12/28/1993 ~ W.irt.rty Survey Lots Ill. 112. 8 il3, -Lino ◄ /13/19~4 Et11I pro;,. 1tfH SPRING O AP><. I •ct-r,.:, Herinerin Co:Jrt)". \~:~ne5cia I 93513 -..l"'-"'1 'l"i ~ IH\"•" ("&:."vi~ I ...... ,. n'; • ' I r: I (\ !\I I/ I~ f I r-.. v I \ _) 1--. I '-y I I .. I I . ·•. ' ' '• f. ' '~ / ',... ~ ', ~, "' ' ' ' ' ' 0 ,g6'<·s ~ ·Oo "1?-, .. (' :~ ·, ~~ ~ / / ) r l J / ! S:,9 ·,i:~ •. •· I I __ /~o. ,., I I 7,0 ,' / / / I f!•••l''f c~r,,f.r fl'Jor rn,s s,.,~ve>y, p/ar _.~ ,e,;;,,od •01 prepor,:,:j 01 '"'" er vn;1er m, ;j•,"c1 sup•r~ ''°"' end fhct I om a 0.,1, PROPEkTY DESCRIPTIO~ OF RECORD Lots 111, 112, and 113, SPRING ?ARK, according to the plat ther· on file and of record in the Office of the County Recorder in for Hennepin County, :~innesot:a, except: the northerly 68. 00 feet the westerly 48.00 feet of said Lot 113 . Together with that part: of the Vacated Lake Shore Avenue ar: :ract of land lying southerly o: said avenue lying bet:...,een the e ltr:.e of said Lot 111 ext:ended sout."1erly to the shore of :.. .'1innetonka and a line drawn 10. 00 feet east:erly of I measureC ~ight angles to and parallel ~ith the west line of said Lot : ex~ended southerly to said shore of La~e ~innetonka. SVHVEYORS NOTE: T!:A: above description -..,as obtained from the 7ecord title. T~~ locoti.on of this description on the ground relies upon the rec? pl~t of SPRING PARK. However, this plat lacks suff.icient ~at.:=,, to locate the east line of the property, with any certa.tnty { this east line i~; also the west line of Carmen ,\venue J. We h<r-·e obta;ned surv~·1s from other private surveyors and t~D loct1.t1on _of ... his :~;,st P~ l y } j ne is b.:1 ,ed upon the data we_ ~ht.ti~~ri: •,_ :a~.kin?, ~~~: t~1 t:::i :hat r. am nc:it aware of, the locat1, ,, of · •·~ p.rtert.1 , , •·;,r• • i•nts o· t{ist effort to locate th~s 1 i!.•.! b,1::cLl u~,on th,. !hlt~ inf nnation. PROPOSED DESCR I PT !QN: 'fhat part of Carmen Avenue according to the record plat of SPRING PARK, Hennepin County, Minnesota, that liPs westerly of a line described as follows: Commencing at the :-;crthwest corner of Lot 113 , of said SPRING PARK; thence on an assumet.1 bearing of South 62 degrees 54 minutes :.:o seconds East along the Northeasterly line of said Lot 113 and ~ts easterly extension, a distance of 223.19 feet to the point of beginning of the line to be described; thence South 38 degrees 14 minutes 21 seconds West to the shore of Lake Minnetonka and said line there terminating. \ -~-----· ~·-. • d•notes iron monum•nt foond O d8nofes ,ron monument sat marked R.L S. 14343 PAT WOLFE $ . ' TTO SSOCIATES / , Land Surveyors 9 ~ D:v,sion Survey Lots Ill, 112. 8 113, SPRING PARK. 1-800-362-3664 682-4 7 27 Hennepin County, Minnesota. Dar11 11/9/1993 Jra•n by L.J.N. Scot• R•r ~•d 12/28/1'93 -Wut-,,. -L>,e -4/13/1994 o,1 Pf'OP. iili• 93513 ., -;, :-·. ,,,,.;..., . -,.· .;; ,:-~;. .· . , .. ~.'-'-:~ '.· : ... ::. . . ~ ··,!·.:,·· .: , ... . _:.iL ·_:·,:~~::· . , ~ Ceurt ~ 1/3 E 2 g 0 <i i- \. g 481)0 : . (, ,_\o Lake--> · ....... •· 8 ~ 0.9- 0 "' sanitary sewer· Shore- z:,o ""'' a- ;,"'!' 112 Ill , House .--::-... -------------+---'0---=--,,,..J=,,~-,.,,,,..==~~~t-::~-j:;;:;c-:7~·~~-:-~~~-·-:~~ --..... ----t---· 9~9.7 \\ -:--·~-:. . .... ~-: '-: 180.00 plot \ 180. -f.O ,.,.,.o,. _ . .__. .. /0,00 -...-.:..·· 'v..-:" , •,:.~ ... . :.;½: ·~. ____ .. :_, ___ ::;""r?.:_:~"' .. :_ .. ----+- · -::-/:::~--. -~~· ··:::'.~~-': :_,} -~ .,·.._,,- ~-.. -- ., " -::::.----- Lake· CJ /72' top of water elev. • 929./7 0 ., _ ·. '. -:'- ·c .. 0 2 30 I / I .--~~_::,:,t · : ·:e :·denotn.iron. mot>iJITHI, :·._,: 0~:d•n«fl lion-inonunien ·: ,., . .,_. ____ tltl'·RLS..J~~ c:::::/,d~n';;;.i.x;;,;~~ •lava I I I / I I I I -~,:i\~1f f:_h~~?:1 witt. : ~-~~/~:~i:~i:_)· :~~---. -,-__ . ·-.. :.,;::··~. ~ 1.-.Y:AL nr.;~)~nT·":'HHi ! ;~~--1:;:~({2::~~-_ . . ::. : .:-. :nts 111,112, ,.nr! li. 7. S?RIJ-,C~··PARK;(~tiOrdi_ng'to·:th ''" file "n~ -.•· ~ecn,-• in t~~ .. Ot'.ft:ce 'of'\t.he·_County R fur Hen:ieo1 n t;ounty. !-~1 !1Mes0Ut:/ e.x:cep~/-~e northerl Jf the WP.gt~:-1y li~.(10 :'eet ot.sar~-)L~~..113, ;­ rc;p:ether wi t11 t11at r-a.rt of. t_~e .-Y.~~t~~Lak~ ;.f.vanue or land 1 yirc< southerly of a,;1d av8_nue,l_yi~ betwee line of s:li ·1 !.ot lll s=ended· ·soutfuir:ly',tl)',the •hor ~in~~tonk.;, ·u,,1 a l~:-:e d~wn-.10·~00:",le,at._:~Materly of. :l:."t right "lnr:1 ~s to. ar.d ;:,arn.1'1'el :with .,the W'eat line :. ,t 11·1 oxt o:;.icd ~O•Hherly to said 'shore of _Lake 1-:i. -;---<i'----· ---·----~~ ~ I 30, I htJrtJby cKtlfy that this ,u,~•r.PIOn,...,, r~pcrf wo, prt1por•d by m• or unde• my :!uect sup.,-11,,,on otJd fhal I 0.-1 a du/1 R•gl .,ttred Land Surve7or .:nd.r '"• ~• .,,.cf l_h• Stot..-Of """1~•~~--·• -.:z/_ '..-: .·· --.. GREG. PO Box 283 TTO Land Svrveyors Buffalo, M,nnesota 55313. · Survey Lots I II, 1/2, 113 SPF?ING PARK Hennepin County, Mmnesoto. • 682-4727 I \ I \ 0 "' Et_~---: .. ~.f_;_,ifr:_ ·1:-:_ ,J~J~r~--:-. -.t -· · ---.. · :·._·-:s•?·~Jke~:r:. ____ ·_: _( :-: ~_,ill-,-•-__ ".-"-_-_-_""-_-_-"-.-_---:.:..-""--.:::::~:::::::-----. --.-;~-~:~. -·-..::{:~~-~--~~- -, :..,,,_.;..:-:"-'"~ ; ~ . ·-~~-;:;:._·:~·..::_.:_:·-·., .. -.··. ~.'/ ...... -.. :'·, :,;.,..; ~ .... ;-·. _;_-... ~~'{_ ·.·· ·-~.-,,_ ___ -~;:/•:"::. . -. ... .•_,,, ' , .-,; I • denotes iron monument found 0 denotes iron monumettf set marlcltd RL.S /4.343 , I.ot._s 111,112, 1'1.nd llJ, SPRING ?Atli<'., 1.cc:,rr!in~ to the plat theroof on r:..le an(~ ·or recnrtl in t~P C·:"fi cc e,f the C~unty Recorder in and for P.ennf-0 111 P.t)unty, ~lnnesot;;;, exce;n. tre northerly 66.00 feet of the >1ceterly l1P .. oo fe~t of ,:aid Lot 11 J, Tt)f':.Pther with tn;.t.t. pa.Y-t of th,,, Vnca te-rl: Lake Avenu1t ,1.nd a· tract : of lnnd lylnr, southerly. of M1.: "venu@ lyll'l/l;·betveen the Met line of said Lot 111 extended southerly to the •hore of Lake l'!insotonka .ud " Bne drai,n 10.00 re.,t easterly of, mea.sured at ri,q-:ht arvdes to, and parallel wifh the west line of said Lot 11) ex:ended southerly to s.-:,.'d shore of Lake Minnetonka . • -. :'c •. ~ -~ '. 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'?,0., Y /~~ r '3?..:J::, I I 7:" It .. 3/8'1<(,z.t-~ z9t1,L, 1 C "'/71 .xg'L ::-z.,13C:, [t,,IB~x;, W/8 I • "2.- · f • ' I i ~,< I-'f-,__ '! :--'-\.; ' -~· It"/~;-~, I ',.._ ·~"cc .-~ 75"/ , . r,Je 1 , (..) e tBYYJn :: ;01&t.f -I 2--' 7 s' s 1£'T'f!-A--, ,r. / -! ' ' ' ----------, --, /ft: ,,.,, ---b \ J ~/::? : ~ ) 0 ' ::o ' • .. c"' n .. cc.• le ~4' ~ I.() _":)o '---~o \J ,_ .o~c." ,r ; 0 ~ ~ " /_. I '.j:,,,_. J ' e ~-----r, A r, , / / • ~ f;y •f < ! 1/":)--) '\ ) \; /< .-...-, z&,3'7/ s~ .. \~ ,.. ., E ()__ ' 0 (\J "'<t- \ + *· '.-I / --;/ i ., / '-/ u 0) lri ( ' -'l \ / \ ") ,v ft;, 0 -o . ' ~ r,·z;; ~ ~ -s- I<) :f II) ai ,;z, JL 00. £0 oLZ I I I I \i ~ a:i I ~ I 0 I() ! ...., '- 1· w I(', \....I ./ {, 0 ·-~ ..,.0 '-.. s --- ,<'. {, 0 n L _L -/ < \ \ \ cl 0 0 0 -- 1-------XU~::a..--,~~-· ~Sfart~--~!!.__~::....:_{<____::::_ . ..::_~~e> ~ T'" ~ 4-0 FcF I~ L---_____:._~~~~~~~~--1-,~" ~¥__s,;.i_i~ ~~-~~~✓-~ wA-1'.J t: ('A. ,__ ___ ----1--=-~o~~~~----1.~ "Vt'.1-s:.. JB4,.,,D e;, M1ST: Al-.Lo 4 ~ ~ -~1""' Otd:lQ 1 _ L r: l);vevvt.,A B~ ~~ La: k ·~ A WJe,n;J-~ e) /2-f (:;N ~ ~ ~~ ~~ • --~-++ --------- ----- ·/17S ---- -f\A~ 1; o b.-es ft3L-.._r>ot=r , fc PDC.rG * ~~'(26 M-1£/VrO 5o fe_, Se;P~ {>"'-'!"-~_ IS~/A i§, OF ~-NS-(?e.. ~~ NXlT" l-f6Jd:> ~ . ..o~ WAL~~ ~ ,rr;~s 'Nk -,--0 (/~~ ., ...... ~.___ -w~ t,Jl c.L-s.,~r~--\;;,,.J:!'t:tt~.--------. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 19, 1994 (#3) Item #1%7 -D. Peterson/Geffre -Continued Peterson moved, Smith seconded, to deny the application #1967. Ayes 3-Peterson, Smith, Berg; Nays I-Nolan . #4) #1895 -PAT WOLFE, 2871 CASCO POINT ROAD -AFfER-THE-FACT VARIANCES-PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. The applicant was not present. Smith noted applicant assumed the item was being tabled at his prior request. It was moved by Peterson, seconded by Berg, to table Item # 1895 for review at the October 17 meeting. Ayes 4, Nays 0._ (#5) ITEM #1948 -FRANK KOKESH/JOAN M. HARMON, 4100 WATERTOWN ROAD -CONDITIONAL USE PERMITSN ARIAN CE-CONTINUATION OF PUBLIC HEARING The Affidavit of Publication and Certificate of Mailing were noted. Gaffron noted the applicants attorney had requested tabling. It was moved by Peterson, seconded by Berg, to table Item #1948 to the October 17, 1994 meeting of the Planning Commission . Ayes 4, Nays 0. (#6) ITEM #1953 -\VILLIAM ALLEN, 3475 LIVINGSTON A VENUE - VARIANCES -CONTINUATION OF PUBLIC HEARING The Affidavit of Publication and Certficate of Mailing were noted . Mr. Allen was present . Item #1953 was tabled from last meeting pending receipt of an updated survey which has been received. This proposal is for an addition to the house and a deck. The separation between this addition and the garage would be only 3+ ft where 10 ft is required. Applicant is asking for a side setback variance from the ten ft requirement, and a setback variance between the buildings. No hardcover variance is required since the property meets the 35% limit, and no structural lot coverage variance is required since the property meets the 1500 sq ft allowed per code 10 . 03 subdivision C. -•-,---.. .. ,,--: -... -_..._. __ -. ,_ --:....;:-'" -~ .· ·; .. :::---_::·· -·-·-· --. :; . . -· ·---. ···;:_-:_.:..··: CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at [ 2780 Kelley Parkway on Monday, September 19 , 1994 at 7:00 p.m. or as soon thereafter as possible on the matte r of reviewing the following land use applications : 1. #1895 Pat Wolfe, owner of the prope rty located at 2871 Casco Point Road , seeks approval of after-the-fact hardcover, average lakeshore setback and lake setback variances for the reconstruction of a shed located within his lakeshore yard . 2 . #1959 James W. Ogland of 3345 Crystal Bay Road requests after-the-fact approval for an accessory shed located partially within a public right-of-way and not meeting the required side or rear property line setbacks. 3 .. #1960 Tor Jonsen on behalf of Navarre Congreation of Jehovah 's Witnesses , 3655 Togo Road, requests a variance to the 35 % hardcover limitation in the 500-1,000 ' hardcover zone for expansion of the existing church parking lot. 4. #1961 Warren L. Paschke of 3349 Crystal Bay Road requests variances for side setback, lakeshore setback, average lakeshore setback, and hardcover in the 0-75' zone for replacement of a deck and railing above the existing garage. 5 . #1962 Ron Bowen of Prairie Restorations, Inc. on behalf of Bruce B. Dayton requests a conditional use permit for excavation of a po ;1d involving the removal of approximately 100 ,000 cubic yards of material on property located at 900 Old Long Lake Road. 6. #1963 Engen & Kdzojed & Associates, Inc. requests a lot width variance for construction of a new single family residence to replace the existing residence on property owned by James and Camille Farley at 15 Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the Orono Orchard Road South . • ' equirements constituting qualifications as a 7. #1964 Glenn Heinsch on behalf of Calvary Memorial Church at 2420 DunwoodylUalified newspaper, as provided by Minnesota Avenue requests a square footage variance, for a sign proposed to be located on the north>tatute 331A.02, 331 A.07, and other applicable outside wall of the church school building. 8. #1965 Gustafson Design on behalf 01aws, as amended. James Lear, 2525 Dunwoody Avenue requests a conditional use permit and f\ • l ~~;i~,n~:k~~~~~~i~~t~~~:x;;~!ti~on ~~~~r~~~3.) The printed \vb~; c.i ',CL J ll~ retaining walls. 9. #1966 Gustafson Design on behalf of l\ • ~ ~ j Douglas Olson , 260 _1 West Lafayette _ Road,_,_):\-L½D-110;.-Q.:=\,'-'C,._f+-:,c:::;.'T"....,_.::..i. o.c...._"--=-~"---1~\_\.;_...,_ _______ _ requests a cond1t1onal use permit and 't" It" variance for land alterations in the 0-75' h' h · tt h d t f th I f 'd lakeshore setback zone for replacement ofV IC IS a aC e WaS CU rom e CO umns O Sal existing retaining walls, and hardcover and1ewspaper and was printed and published once setback variances for construction of a spa • located in the 0-75 ' lakeshore setback zone . •ach week for \ successive weeks: 10 . #1968 Keith and Vivian Bangert' ---'-- request variances for lot area , lot width, 0-75' It was first published Monday, -~'-' hardcover, and grading and tree removal in the 0-75 ' lakeshore setback zone for construction of a driveway and a single family residence on the vacant parcel at 3500 Bayside Road , also known as PID #05-11 7-23 130015. the '.::>-day of S e¢e.-"""'«.t 19 ~, 11. #1969 City of Orono requests a street setback variance for construction pf a new parking lot at the City-owned Crysfal B'ay Post Office, 1355 Brown Road South . All persons wishing to be heard will appear at this meeting. Written comments are solicited . Plans are available in the City Offices for review, by appointment. and was thereafter printed and published every Monday, to and including Monday, Sity of Orono the ___ day of './i_19 __ ; By : Planning Commission &i Michael P. Gaffron ~ Asst. Planning & Zoning Administrator -- (Published in The Laker and Pioneer Sept. 5, ' 1 thorizedAgent 1994) Subscribed and sworn to me on this 1-c'\h_ C \ -=::::::::,=--day of ~ f1 ~v.-,,., '-o..# <" , 19 ~- By : (1) Lowest classified rate paid by commercial users for comparable space: $10.96 per inch. (2) Maximum rate allowed by law for above matter: $10.96. (3) Rate actually charged for above matter : $6 .16 per inch. Each additional successive week: $4.24 . CITY OF ORONO NOTICE The Planning Commission will hold scheduled public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 19, 1994 on the matter of reviewing the following land use applications: 1. 7:00 p.m. 2. 7:15 p.m. 3. 7:30 p.m. #1800 Michael Plank requests renewal of the Planning Commission's February 16, 1993 recommendation for approval of a proposed residential subdivision of a lot line rearrangement of the properties located at 4115 and 4125 Watertown Road. #1914 Thomas G. and Phyllis Colwell/Tim and Beth Traff request approval of a revised proposal for subdivision of a lot line rearrangement involving the properties located at 2640 North Shore Drive and 1130 Old Crystal Bay Road. #1967 Donald R. Peterson of K-P Properties, Inc. and Irvin Geffre propose a subdivision and lot line rearrangement to create five additional two acre residential lots in property located at 4645 and 4665 Bayside Road. All persons wishing to be heard will appear at the specified times. Written comments are solicited. Plans are available in the City offices for review, by appointment. City of Orono By: Planning Commission Michael P. Gaffron Asst. Planning & Zoning Administrator To be published the week of September 5, 1994. CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, September 19, 1994 at 7:00 p.m. or as soon thereafter as possible on the matter of reviewing the following land use applications: 1. #1895 Pat Wolfe, owner of the property located at 2871 Casco Point Road, seeks approval of after-the-fact hardcover, average lakeshore setback and lake setback variances for the reconstruction of a shed located within his lakeshore yard. 2. #1959 James W. Ogland of 3345 Crystal Bay Road requests after-the-fact approval for an accessory shed located partially within a public right-of-way and not meeting the required side or rear property line setbacks. 3. #1960 Tor Jansen on behalf of Navarre Congregation of Jehovah's Witnesses, 3655 Togo Road, requests a variance to the 35% hardcover limitation in the 500-1,000' hardcover zone for expansion of the existing church parking lot. 4. #1961 Warren L. Paschke of 3349 Crystal Bay Road requests variances for side setback, lakeshore setback, average lakeshore setback, and hardcover in the 0-7 5' zone for replacement of a deck and railing above the existing garage. 5. #1962 Ron Bowen of Prairie Restorations, Inc. on behalf of Bruce B. Dayton requests a conditional use permit for excavation of a pond involving the removal of approximately 100,000 cubic yards of material on property located at 900 Old Long Lake Road. 6. #1963 Engen & Kozojed & Associates, Inc. requests a lot width variance for construction of a new single family residence to replace the existing residence on property owned by James and Camille Farley at 15 Orono Orchard Road South. 7. #1964 Glenn Reinsch on behalf of Calvary Memorial Church at 2420 Dunwoody Avenue requests a square footage variance for a sign proposed to be located on the north outside wall of the church school building. 8. #1965 Gustafson Design on behalf of James Lear, 2525 Dunwoody Avenue requests a conditional use permit and variance for grading and excavation within the 0-75' lakeshore setback zone to construct retaining walls. 9. #1966 Gustafson Design on behalf of Douglas Olson, 2601 West Lafayette Road, requests a conditional use permit and variance for land alterations in the 0-75' lakeshore setback zone for replacement of existing retaining walls, and hardcover and setback variances for construction of a spa located in the 0-75' lakeshore setback zone. 10. #1968 Keith and Vivian Bangert request variances for lot area, lot width, 0-75' hardcover, and grading and tree removal in the 0-7 5' lake shore setback zone for construction of a driveway and a single family residence on the vacant parcel at 3500 Bayside Road, also known as PID #05-117-23 13 0015. 11. #1969 City of Orono requests a street setback variance for construction of.a new parking lot at the City-owned Crystal Bay Post Office, 1355 Brown Road South. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review, by appointment. Asst. Planning & Z01. ng Administrator To be published the week of September 5, 1994. _j _~N<:?' -----------------------1 --------'-----~ Wo_~ ½->LlA-e~ ~N..t..A Tb s-~-!,_r __ _ I _UP A ~ e-N~ ~-r:s____~ A~ (./\.,)/~ ---------'Bo~ OF vtS_-~'.!$. t..A-S ro I ~ .Hi~ . ~r J:hS S~~ _tN lk_~AtM_ 7J.t:AT-1/-JIJ,..L-~--- ----........---r -A~ere.ev ~ ' c,= 1+ ~77oN ~ -- \ t.-------"---TOL--b HIAA.. 7l_~s Nor"-~ F-UNc;nOI\J 1 ~ c-,..) ~ __ ~~~! ~ c_l~~ (.;J,:,S. v,.Jj(.,(_ FL~~~ -­ -----r-~ Ll_fy '2-e>.D 51 A-N~ 6 _LAP TO_fflJIV\... ~ ~ - s ~e. -p:.? l~~~T'"--~ ~ -h~v ----------&~ -- ___ __.___ lfL_ ~'-'L _&e-_ o~-r-=-ce To~ J\.J~c v->~1-ftz:N_t::. ___ __.____~~ ~~<r-.. f!JJEE ~-_Qc._T""-Jlvlr-c;.. __ ~ /E CN~ ~-r ~-f/2-io~~ -~~I: l~ M~(!;< ----------------------------- -~ -----~,1A -- --------V 1'-1 ~ •--- --------------------------------- -------------------- CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Julia Dziuk, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1895, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 30th day of August, 1994. CITY of ORONO August 2, 1994 Mr. Pat Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Dear Mr. \Volfe: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Due to illness I was not in the office from July 20 through July 31, and consequently the public hearing notice for your variance application was not sent to the newspaper in time for publication for the August 15 meeting. Therefore, your variance application will be scheduled and published for the Monday, September 19 Planning Commission meeting which will be held at 7:00 p.m. in the Orono Council Chambers. Please contact me if you have any questions. Sincerely, 1/ ::..~ffry Asst. Planning & Zoning Administrator MPG/ch cc: Jeanne A. Mabusth, Building & Zoning Adm. Telephone (612) 473-7357 • FAX 473-0510 CITY of ORONO July 15, 1994 Mr. Pat Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Dear Mr. Wolfe: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I am in receipt of your revised survey which was submitted on July 8. Consequently, your variance application will be scheduled and published for the regular Planning Commission meeting to be held Monday, August 15, 7:00 p.m. at the Orono Council Chambers. Please contact me if you have any questions. Michael P. Gaffron Asst. Planning & Zoning Administrator MPG/ch Telephone (612) 473-7357 • FAX 473-0510 ~~-I M~ ~~~~r~ 1~- ~~u~ ~1c -~!aw' RECEIVED 'JUL' 8 1994 CITY OF ORONO IMPORTANT MESSAGE TO _____ -----L...~_=.,,~=------ DATE ~0,""----"-~->-l~-,,.---''t'-----<¥1-----TIME / '. // ~ M __ w_H ~+-1 _a._::P-=v=---o_u_~-----=-R~---1-u~-- oF _____________ _ Area Code ~ & Exchange J I (o .-7 0 ,S"' O CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message ___________ _ June 6, 1994 Mr. Pat Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Re: Storage Shed Dear Mr. Wolfe: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Pursuant to our discussion of May 31, I understand you will not be providing the City with a revised survey showing your new storage shed as being within your property boundaries. Consequently, your after-the-fact variance application has not been scheduled for the June Planning Commission meeting. You indicate it is now your position that the storage shed is actually an "ice fishing house" which you intend to move out onto the ice each winter and store temporarily on the shore in the summer. I advised you I would review the City codes regarding the status of "fish houses". As a "shed", your building is considered as a permanent structure; as a "fish house", it is considered as a temporary structure. Both permanent and temporary structures are dealt with similarly in Section 10.55, Subd. 8 and Section 10.22, Subd. 2. Neither temporary nor permanent structures are allowed within 7 5' of the lake nor encroaching past the average setback line. Neither you nor any other resident are allowed to store a "fish house" in the lakeshore yard not meeting the setback requirements. A temporary structure is considered hardcover, is an encroachment, and is regulated the same as a permanent structure. Your comment that many property owners on Casco Point have fish houses stored next to the lake has no bearing on your individual situation. Furthermore, our shoreline inspection tour of the Casco Point, West Arm, Forest Lake, North Arm and Carman's Bay areas on June 2nd found no more than five "fish houses" on approximately 14 miles of shoreline. They simply are not being stored on the shoreline at the vast majority of lakeshore residences. The City's position on your building has not changed and will not change no matter what you call it. Further, the City has no survey that shows this building is located or stored within your property boundaries. Absent such a survey, your after-the-fact variance request cannot proceed Telephone (612) 473-7357 • FAX 473-0510 and is considered incomplete. Making a complete application for variance and immediately proceeding with the process is the only option the City can allow you other than forcing removal of the offending building. Therefore, in order that this matter be resolved in a timely manner, you are hereby advised to submit the appropriate survey no later than Friday, June 24, 1994, in order to meet the deadline for applications for the July Planning Commission meeting. If no such survey is received by July 24th, the City will proceed with legal action to require removal of the structure. Sincerely, p/!, Michael P. Gaffron Asst. Planning & Zoning Administrator MPG/ch Enc. Sections 10.22, Subd. 2 and 10.55, Subd. 8 cc: Bruce L. Vang, Field Inspector Lyle Oman, Building Official Jeanne A. Mabusth, Building & Zoning Adm. Ronald J. Moorse, City Administrator City Attorney ' § 10.21 Subd. 5. Area, Height, Lot Width and Yard Requirements. A. Height. No structure or building shal 1 exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. B. be observed: Lot Area 1/2 acre Lot Width 100 feet Lots. The following minimum requirements shall Front Yard 30feet Side Yard 10 feet Side Yard Adjacent to Street 15 feet Rear Yard 30feet SEC. 10.22. REGULATIONS FOR •LR-IA•, •LR-lA-1•, •LR-lB", •LR-le• AND •LR-lC-1" ONE FAMILY LAKESHORE RESIDENTIAL DISTRICT. Within any "LR-lA", "LR-lA-1 11 , 11 LR-lB 11 , "LR-lC", or 11 LR-lC-l 11 One Family Lakeshore Residential District the following regulations shall apply: Subd. 1. Lakeshore Set Back Regulations. The setback from the shoreline for lakeshore lots: A. Shall be 75 feet for all structures except that on lakeshore lots divided by a major thoroughfare, a lock box not in excess of 20 square feet in area and 48 inches in height is allowed on the lakeshore portion of the lot and requires a building permit from the City. B. No principa 1 or accessory structure sha 11 be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots (refer to Orono Manual of Design Standards and Specifications) except that this does not / apply to structure allowed in subsection A above. Subd. 2. Lakeshore Hardcover and Land Alteration Regulations. Within 7 5 feet of shore 1 ine there sha 11 be no excavating, filling, hardcover, temporary or permanent structures except as permitted under Subdivision 1 of this section. Within 75 to 250 feet of the shoreline there shall be no greater than 25% hardcover. Within 250 feet to 500 feet of the shoreline there sha 11 be no greater than 3 0 % hardcover. Within 5 O O feet to 1, 0 0 O feet of the shoreline there shall be no greater than 35% hardcover. ORONO CC 283 (4-1:-84) l .... __ . § 10.55 Subd. 6. Zoning Use Districts. The Zoning Use Districts as designated on the Official Zoning Map shall remain unchanged with the adoption of this Section. The provisions of this Section,.· including the designation of Flood Plain and Wetlands Conservation Areas, shall be in addition to all other provisions of this Chapter. Whenever conflicts occur between other provisions of this Chapter and provisions of this Section, the most restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding 1.0 foot to the Base Flood Water Surface Elevations within Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer in accordance with procedures set forth herein. Subd. 8. Development Restricted; Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging, excavation, hardcover, temporary or permanent structures, obstructions, septic systems, well or other construction shall be allowed within the Flood Plain and Wetlands Conservation Area; nor on any lands within 26 feet thereof; nor on any land within 75 feet of the ordinary high water elevation of any lake shoreline, nor on land abutting, adjoining or affecting said area if such activity upon those adjacent areas is incompatible with the policies expressed in this Section and the preservation of those conservation areas in their natural state. Subd. 9. Floodway District (FW). The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other City Code provision and provided all permits or authorizations are received as may be required by other City Code provisions or regulation of other governmental agencies having jurisdiction, including without limitation, the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District. In addition, no use shall adversely affect ORONO CC 365 ( 4-1-84) i .l l I § 10.55 Subd. 26. Non-conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. ~ B. No structural alteration or addition to any non­ conforming ~tructure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to any non-conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of twelve months. E. If any non-conforming use is destroyed by any means," including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City may issue a conditional use permit for reconstruction if the use is located outside the flood way and, upon the reconstruction, is adequately · flood proofed, elevated or otherwise protected in conformity with this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. G. Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City, after a hearing for each such non­ conforming use. The Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such non-conforming use, by reason of the limitation on establishment of competing businesses ORONO CC 375 (4-1-84) § 10.55 as a result of this Section, shall be considered as a reduction of ~ losses resulting from the requirement of termination of the use · I under this Section. . ..•. ---···------1~-------·------_________,, .... _ ... ____ ,.,. ___ ~------.... ,_,, ..... ,,..,..,_...,_,~-•,,_l/_/_ ......... """' .. I ..... Subd. 27. Amendments. The flood plain designation on the official maps shall not be removed from flood plain areas unless it can be shown that the designation is in error and that the area is at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section including amendments to the official maps must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official maps also require prior approval by the Federal Insurance Administration. Subd. 28. Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. The boundaries of the Flood Plain Districts shall be determined by scaling distances on the official maps.• Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official maps, as for example where there appears to be a conflict bet.ween a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the City and to submit technical evidence if he so desires. Subd. 29. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate or impair any existing ordinance, regulation, easement, covenants or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Section shall prevail. Subd. 30. Warning and Disclaimer of Liability. This Section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create l~ability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. ORONO CC 376 Source: Ordinance No. 213 Effective Date: 1-11-79 (4-1-84) --. rcr - t-----J:k~.s,c£ . ~-2 Y:_SD __________ /S ~O __ _ @ /0 Y-3 sO 12..~ c) 7 -,x 5 -~ 2=!i_ ,~ -@ 7_x'¾-_________ )'1 -~-- G~ ~ 2'-~.g x~ BI°t. Z 't03 _ 1 __ __Q '-/,I~ Zb~ Bi./ j ,__ __ S~.fqk, 6)f';_sy 1s' -3,r' :; ® ~-_,l.::. ---- ___ ~--2(,.){ Ca © 2(., )( Is 7'L /~ri_ =--~----=---e , L )C 7 ----------8'-1 _· _____ ~'iv~@ 21.. ~lo -:-2-_ 1J_0 _ 6j) '12--YI} .l. _2--___ -------_ 2~ ____ _@J~-,<:7f.o _ )L1-[D ____ · _{,])_ l{z__1(:;, _z..s-2..:- _______ !:f2J) _____ no_-· -------I t..J~ S-3 ~­ I . _ _ _ Sl1>.evv~(_pf:?/<.-l¥'f>'-rc:)_!i~;?!± _______ j(p 'iC, ___ _/...(JN 1>sc.tefl e ~-(tt ) kLw _ _ 1 (o o _ '1 & o ~-r-~~✓7~~- -=-_______ "'107~ ±___zB1 z I = 2~ ~ ;{ ~11 -----· ----~------------- ---------- I . HARDCOVER CALCULA TI O~HEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE -------------------------- A, · HousE L l X ~\ = ~ (>~~ S,F, LENGTH WIDTH X = S ,F, X = s . FI X = S,F, X = S,F, B, GARAGE )':{ X 3-4 = 'i I L S,F, c. DRIVEWAY I ,.), X (, ~ = J ..J ~ S,F, X = S,F , D,. SIDEWALK X ~½ = 9" S,F, X = S,F, . ~~ X ~o = ½0G S,F, E, PATIO/ DECK X = S,F, F' LANDSCAPE ~ X J~o = 9 ~~ S,F, AREAS UNDERLAIN BY X = S,F, PLASTIC SHEETING X = S,F, X = S,F, G, OTHER I ~ X 10 = Lio S,F, -------------\,. ,,. . TOT AL HARDCOVER IN ZONE ~1 4-t S,F, m TOTAL PROPERTY AREA IN ZONE ) ~l.$'", .,t,/J S,F , Ci] [II S:--/4-S?' : [II l ~ln ,c, X 100 = I~-~=-;%·---._ f.-, µt-' 1r ff- HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' 500-1000' EXISTING HARDCOVER IN ZONE A, · House ____ _ X _ __.._ ___ = _____ S,F, LENGTH B, GARAGE C, DRIVEWAY ----- D,. SIDEWALK ____ _ E, PATIO/ DECK F,lANDSCAPE AREAS UNDERLAIN BY PLASTIC SHEETING ----- WIDTH X X X X X X X X X X X X X X _____ x ____ _ = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, = S,F, G, OTHER _____ X _____ = _____ S,F, ' TOTAL HARDCOVER IN ZONE ToTAL PROPERTY AREA IN ZoNE ____ S,F, 0 ____ S,F, [i] - 0----: ill---X 100 = ___ % i ,. r ) 0 <T s 0 ('J COURT ,, / ·-ji_-------~--t -·/(· ------:,<-----Ir I (\J (\J (\J \0 ~ I I I I i ~ I I ~ ----l 48.00 -1 \ I \ N 62°s4·2o·w e,e (_:" ( '_) -:;· ?\!0e r 48.00 \ 0 -4--.. G-; .. , 0 ( X l .J~v-~iec. <:;>\C>'l , ___ J I") '-0 e,e 0 .. s~t._; r--.... ,'2- (\J ___ ,_r -. I V) ( J \ I •' <:;>\\'e "-J t --....__,:> ~,_) S 62°54'25" E 'f 10.00 I I ' F\ ( ' I(\ -T - \/ /--\ \.. ./ /--\ \ 0 ""\ •' r-_;·;t -..P. r I I : c_ t\ r ) 13.0 /\ \ ,-!' ' . t-i \ i I-_:, \j L-! \] \ ; .._.. ' 't...: ; l ~ -;I -. 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I I I / I / I I - I I / MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HELD ON MAY 16, 1994 ATTENDANCE The Orono Planning Commission met on May 16, 1994 in the Orono City Council Chambers with the following members present: Chair Charles Schroeder, Commissioners Charles Nolan, Steve Peterson, Janice Berg, Candace Rowlette, and Dale Lindquist. Commissioner Sandra Smith was absent. The following represented staff: Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and City Recorder Barbara Anderson. Chair Schroeder called the meeting to order at 7:00 p.m. (#1) #1933 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDMSION -PUBLIC HEARING TO BE RESCHEDULED BEFORE THE PLANNING COMMISSION MEETING OF JUNE 20, 1994 AT APPLICANT'S REQUEST. (#2) #1895 PAT WOLFE, 2871 CASCO POINT ROAD -AFTER-THE-FACT VARIANCES -PUBLIC HEARING -APPLICATION WITHDRAWN BY CITY (#3) #1904 ERIC AND SHELLY LILJEQUIST, 3490 BIRCH LANE -CONDITIONAL USE PERMITN ARIAN CE -PUBLIC HEARING Chair Schroeder noted that the Certificate of Mailing and Affidavit of Publication were on file with the City. Mabusth reviewed the staff report and stated that staff recommended approval of the requests subject to the conditions listed in the staff report. Nolan commented that he felt that the grading was going to be close and was unsure that the swale would solve the drainage problems. Mabusth stated that this was what the City Engineer had recommended and that staff will require a final grading plan with building permit application for the engineer's review. Eric Liljequist stated that he had understood that the purpose of the depression was to hold the water before it ran off into the lake and now they were creating a swale to facilitate drainage into the lake which was confusing . Mabusth reviewed the elevations and the engineer's recommendation for mitigating the filling of the flood plain as required by federal flood control regulations. Nolan commented that the reason for the swale was to provide relief if the lake level rose above normal and provide somewhere for the water to go. It was moved by Schroeder, seconded by Nolan, to recommend approval of #1904 Conditional Use Permit/Variance for Eric and Shelly Liljequist at 3940 Birch Lane subject to the conditions noted in the engineer's report and requiring the applicant and the engineer to resolve questions regarding the elevations prior to City Council review. Ayes 6, nays 0. 1 CITY OF ORONO -NOTICE PUBLIC HEARING CANCELLATION The public hearing originally scheduled to be held by the Planning Commission on Monday, May, 16, 1994 on Application #1895 for Pat Wolfe, 2871 Casco Point Road for after-the-fact variances for construction of an accessory building, will not be held. It has been determined that said structure is within the right-of-way of Carman Avenue and therefore cannot be granted the requested variances. Any questions may be directed to Michael P. Gaffron, Assistant Planning and Zoning Administrator, 4 73-7357. CITY OF ORONO -NOTICE All persons wishing to be hear ill appear at this meeting. Written comments are so· 1ted. Plans are available for appointment. City of Orono By: Pia · g Commission ~ meeting starts at 7:00 p.m. rev~n the City offices by ~'------- Michael P. Gaffron, Assistant Planning ~ Zoning Administrator Posted at: City Hall Crystal Bay Post Office Long Lake Post Office Navarre Post Office May 4, 1994 Mr. Patrick Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Re: Zoning Application #1895 Dear Mr. Wolfe: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 I have completed a preliminary review of your after-the-fact application for variances to construct an accessory structure (10'x12' shed) on your property. The certificate of survey by Otto Associates which you provided contains a wealth of information which leads me to make the following comments: • The survey is extremely misleading, showing a dark line boundary that does not match the legal boundary of your property. No addendum was provided by you or your surveyor to explain the format of this survey. • The shed is clearly not within your property boundaries, but within the right-of­ way of Carman Avenue. • The survey suggests a "proposed" change to your legal description which would place the shed approximately 4' within your property. However, you have not applied for a vacation of a portion of Carman A venue, and if you did so, the City would undoubtedly deny such a vacation given the DNR's consistent opposition to such proposals which reduce public access to lakes, and given the City's use of the right-of-way as a public beach area. • A site inspection reveals that the shed is approximately 8' from the normal shoreline (not 12'-14' as survey shows), and obviously within 75' of the lake where no structures or hardcover are allowed. Your surveyor did not identify the 929.4' elevation contour which is required by the City for all surveys abutting Lake Minnetonka. • The survey shows and site inspection verifies that your recent landscaping has encroached onto the 60' City right-of-way by as much as 20'. Telephone (612) 473-7357 • FAX 473-0510 Mr. Patrick Wolfe May 4, 1994 Page 2 • The fact that you had a boat house in the same location for many decades has little bearing on the City's consideration of such structures. City codes are designed to eliminate such structures within rights-of-way or near the lakeshore as they deteriorate. Once the building was removed, it lost any "non-conforming structure" status it may have had. • Further, the fact that you used an ex1stmg "foundation" (in this case a deteriorating slab) has little bearing, since per Section 10.55, Subdivision 26 (E), "If any non-conforming use is destroyed by any means including floods to an extent of 50% or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this section". Removal of the old shed constituted a removal of more than 50% of its assessed value. All of the above leads City staff to conclude that you have not made and cannot make a legitimate variance application for this structure. A variance will not be granted for construction of an accessory building on the City right-of-way. The offending structure must be removed immediately. The portion of your $175.00 application fee not used in legal notice publication will be returned. I suggest you relocate the structure to a conforming site on the lot. Zoning Administrator Jeanne Mabusth and I would be happy to meet with you to discuss any of the points in this letter and a possible location on your property that would meet code requirements for the shed. Please contact me or Jeanne as soon as possible at 473-7357 to arrange a meeting. Michael P. Ga ron Asst. Planning & Zoning Administrator MPG/ch Enc. Sections 10.55, Subd. 26; 10.03, Subd. 5 cc: Jeanne A. Mabusth, Building & Zoning Adm. Lyle Oman, Building Official Bruce L. Vang, Field Inspector John R. Gerhardson, Public Works Director Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the •• • , -.· -T_ -,· • •, • , ·, ,-:·; :. •• :--:-,:1 requirements constituting qualifications as a .-Road, seeks approval of lot area, lot width, 1·t· d 'd d b •[·•'"': ~-· .• ' CITY OF ORONO-NOTICE ' ,hardcover within .the . 75-250' setback area .! qua I le newspaper, as prOVI e y Minnesota . -The Planning Commiss·io~\~1ill hold ·. 'average lakeshore setback variance an~ si_de 1 public hearings In the Council,Chambers at · setback variance to allow:. the , complete Statute 331 A.02, 331 A.07, and other applicable 2780 Kelley Parkway on Monday; .May 16, ~·reconstruction ··of ·a residence ' wittiin the • f d d 1994 on the maner otreviewing the following <apprpximateJootprint of the forme( residence. I aws, as amen e • land use appl ications: · · · 8 . #1930 Margaret P. Cost seeks /4 4, ¼ /4 -~ 1. #1895 Pat Wolfe, the owner of the approval of a setback variance from . the j · property loca ted ai 287.1 Casco Point Road, protected -tributary that encroaches the B ) The printed __ .1..u.i..61.e/1,'-'V..:.!--1..u;',1-1(,~1//~-'1,· P.,¥-f},u:_Lfu1'/J.1.t.l.J'.l:l..,1J• L4J/u)~_ seeks approval of after-the fact hardcover ,·· · property located at 255 Brown· Road South l · average lakeshore setback and lake setback ·and in addition seeks approval of ·a variance · variances for the reconstruction of a shed that would allow a fence to be installed within a locatedwithinhislakeshoreyard .. '-·. !design_ated _wetland located)idja_cent to ·the 1 ------------------------ 2. #1904 Shelly and Eric Liljequist. _L~ce-l1ne . . • -_:-~-; , f ,, ·.J . . . owners of the property located at 3490 Birch ;, .. · -9 . #1931 Megan · Tully _and James;, which IS attached was cut from the columns of said Lane, -seek approval -of -a condi)ional use ·McManus, owners of the property 'located ah . permit . and '. variance for. the .complete c-,1910 Shadywood Road. have app lied for ·a , newspaper, and was printed and published once reconstruction of a residence to be located .. cond it ional use permit and lakeshore setback / . within the flood plain of Lake Minnetonka .. :r varian·ce · to allow the reco'ns'truction >'Of each week for ----successive weeks: where no residential construction is allowed ... ·:· retaining walls within their lakeshore yard ~,,,•, · 3. #1919 Ty Buce)I of 2677 Casco Point ., .. , 1_0. #1932 .Orono School District #278 , .Road _seeks ··approval of : side and street ·located at 685 Old Crystal Bay Road North. ~-setback :.variances to allow expansion-of the -.i .. thas ,applied for a cond itional use perl)jit-and , : roolline, i;,f;th!!'gilrage located pn the P.roperty;__.?::Y-~.rianc~ • \~at_:.,would ,_allow ;·-.an:( ~:x1ftf_ng · ·•and hardcover, ·lot coverage ; lot -area . lot·.: <-concess1on · stand ·10 be relocated .on --an i width;:·building · height ;and · bluff ."setback ·,'•e·xisting cement slab . The structure --will not .: varian.ces .for J onstruction of_ a new re~id~nce f;;-f11eet tbe_required s_~t~ack of _ ~9: _fr_o~ \h.~.-.Y~St .. on the p_roperty; and a ~d 1t1of'!al use permit . )orlrne .... ,... . · .. ; . ,. ~ _;. _ :' ·· ·and variance for grading within 75'-ot ·the •=:0 ,t'V· 11 .:#1934 RRH ·and Company.·'the .,shoreline .of -Lake Minnetonka and . within the -: .• current owners of 71 o Gander. -Road, ·.seek · defined .bluff impact zone.;'._"1'·-"'"'-~f1~'-:~,e:··,~:;r,-•\.approval of setback variances for both septic . . •.; ',~;1:6.-·#.).~2-?,leter. Bovee ·of 840 ·91d Long .U an~ · new .,resrdentia l_ constructiqn d ram _' th_e Lake'(; .. t3of'd ;,;eeks :.,.apprc;>val .. -9f ~etback _ i-• adJacent Natural Environmem.lak,!!"·th.~1H~P,fili, • varr~,w ~s l'I.Jo;.\_a!lo.w :<l_he_ ._expa,;i~ii?~-oJ., thEf t, basin_ of F.re_nch Lake .'•,.;! ';.;.'f-;;rn1_:r~'.'f-:::.~·,:~ ·. f roofl1n~:ofJhe ex1sDng residence.t!i\•,. • 1-; ~ ·_-,;, f'. .,, •. : .. :--"All · persons wishing to be , heard ,w ill ; ;,;.;fl«.;,.l:_5;. #.1 ,927:'.Mark .K.' McCarty,· th'e cu'rr_ent :::-ap~ar at this meeting :Writt~n I comments: are . It was first published Monday, the a ;uJ dayof_...:...(/...:.,_;..i.,~-­ and was thereafter printed nd published every Monday, to and including Monday, the ___ day of __ ...,,... ___ _, 19 · ,o~e r,\ol ·445/J:'onka Avenue, seeks ·apprpval ,~, solicited . Plans are available m_the ·C1ty : es . of '~ rear~et~ack -variance to co_nsyuc,tc\\ '}~'1--•:,,/fq~,(E!'1~~.'.PY. ~ppqiptment, .. ?J'iif.1;i11j~'.i~ :1 . · ,1es1den~e on,the undeveloped property_.,-, ---t-!,'(''·~·•,.H -:i.-: :-,·c..\·_ .,,.._, ,··:,:\:·, .iil .. ;,."·VD-'--~ ~· ·. fi-.'i 6:i .lf.1948:..Suzanne -K. Wacker -seeks 1?.-City 'of Orono· · ·• .-. · •.---;!:_.-;,:/;/.':'.{·( -'\ .: i approvatot,a··2_4• x 22' detached garage within ·,;·· By :'Plannin_ g Commission;~-; :r-,~•;:~~-':.)J h 1\n1,1· the street yard of the property located at 1115 · ~ •. . · ._ . .: .· '.','.(::, ·.'::~','< .. :,S''·'.t,: · Brown Roa~ South tha_t would require a'street ;'. ·Jeanne A. Mabusth, .... · --~':-·,·: '::'\, __ y ;C:~.-'i setback variance and a · variance that would . Building & Zoning Administrator , .~;'-..:::. '.i ·. - 1 allow the structure to be placed in ftont of the ' · --, · •i, · · ·· : . ·· -· · -: .· Authorized Agent f~~iden~e . structure _ 011 the. property. 1: ::r,'~ :; -·:-.:;:. (PubUshed .in",The Laker and ·P,cineer-f\i1ay,2. · ?_. #1_929 Alonzo 8. Seran, lll,_t~e owner ,,-1994) L .. · ,;, -,. . · .,.·· j~---1',~. '."~;. / . . of the property l~te<!_, at _4_09~ ~1g ~wo~d.~ t _;,, :_ ,-,. .. :<:.: . ~-~. :.. -: ·, ;:;,,,L:;;. ,,_. :, s-c,~~·1 Subscribed and sworn to me on this By: (1) Lowest c asst i rate paid by commercial users for comparable space: $10.96 per inch. · (2) Maximum rate allowed by law for above matter·: $10.96. (3) Rate actually charged for above matter: $6.16 per inch. Each additional successive week: $4 .24. CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: () f r f 1r-4/ (}jl/ From: (I V Total number of pages letter. Date: V including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for: our telecopy number is: (612) 473-0510 Additional Message: January 26, 1994 Pat Wolfe 2871 Casco Point Road Wayzata, MN 55391 Dear Mr. Wolfe: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City is in receipt of the Property Owners List and Plat Map as part of the required information needed to complete your after-the-fact variance application. As I noted earlier in a phone message, your application is incomplete as we have never received a survey locating all improvements and the subject boathouse on the survey. An earlier survey by Otto & Associates shows only residence structure and garage. No other improvements are recorded. If your application is to be complete, the City must have a survey locating all improvements including the boathouse structure and a hardcover inventory as stated and shown in the handout information ( enclosed is another application form that includes handout information). Toe boathouse is considered a non-conforming structure as it is located within the 0-75' setback. All non-conforming structures require approval of the City before structural repairs can be made. The deadline date for submittals for the February 22nd meeting (Tuesday) is January 28, 1994. Hopefully your surveyor will have completed the updated survey by the deadline. If not, the deadline for the March 21st meeting of the Planning Commission would be February 25th. The City must be in receipt of a complete application by the March meeting of the Planning Commission. As we are dealing with an after-the-fact application, this matter must be resolved as soon as possible. Please contact my office if you have any questions pertaining to the directives noted above or if you will have difficulty meeting the deadline of March meeting. Sincerely, ~Q/M~ Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv Telephone (612) 473-7357 • FAX 473-0510 January 26, 1994 Pat Wolfe 2871 Casco Point Road Wayzata, MN 55391 Dear Mr. Wolfe: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 The City is in receipt of the Property Owners List and Plat Map as part of the required information needed to complete your after-the-fact variance application. As I noted earlier in a phone message, your application is incomplete as we have never received a survey locating all improvements and the subject boathouse on the survey. An earlier survey by Otto & Associates shows only residence structure and garage. No other improvements are recorded. If your application is to be complete, the City must have a survey locating all improvements including the boathouse structure and a hardcover inventory as stated and shown in the handout information ( enclosed is another application form that includes handout information). The boathouse is considered a non-conforming structure as it is located within the 0-75' setback. All non-conforming structures require approval of the City before structural repairs can be made. The deadline date for submittals for the February 22nd meeting (Tuesday) is January 28, 1994. Hopefully your surveyor will have completed the updated survey by the deadline. If not, the deadline for the March 21st meeting of the Planning Commission would be February 25th. The City must be in receipt of a complete application by the March meeting of the Planning Commission. As we are dealing with an after-the-fact application, this matter must be resolved as soon as possible. Please contact my office if you have any questions pertaining to the directives noted above or if you will have difficulty meeting the deadline of March meeting. Sincerely, ~O!M~ Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv Telephone (612) 473-7357 • FAX 473-0510 CITY OF ORONO INSPECTION NOTICE PERMIT NO.-----~ CALLED IN SCHEDULED COMPLETED DATE TIME ADDRESS_i.~.,L...,L!--~~:i.:..,-.=1£.....--1....4.5..._.:...:1...==------ OWNER __________ CONTR. _________ _ TELEPHONE NO. __________________ _ ~ DESCRIPTION h.. -------------------------- 01 FOOTING 11 MECHANICAL RI 16 WELL TEST PUMP 02 FRAMING 11 MECHANICAL FINAL ~ ~ Cl <'. <:( 03 INSULATION 24/25 WOOD BURNER/FIREPLACE 18 EXCAV/GRADING/FILLING 19 LAKESHORE/WETLANDS 04 WALLBD. 05 FINAL ~ 07 DEMO-SITE __., 07 DEMO-FINAL i 09 PLUMBING RI __., 10 PLUMBING FINAL 12 WATER HOOK-UP 13 METER SET/TURN ON 14 SEWER HOOK-UP 27 SEPTIC MAINT. 15 SEPTIC INSTALL. 23 SEPTIC FINAL ~ OWNER/CONTRACTOR TO MEET YOU:_ YES_ NO 34 TREE REMOVAL @rE INSPECTION 06 PROGRESS 21 COMPLAINT 22 FOLLOW-UP a CJ) cc: ~ COMMENTS: T: ... 1::r N&.>.> ~ kJ u c l r (pJ/l_ cc: :::, a ::,... cc: a L.l. Lu cc <:( ~ <'. Lu ~ Lu cc: :3 Cl ~ 0 WORK SATISFACTORY: PROCEED cc: Lu ::::, a (...) 0 CORRECT WORK & PROCEED 0 CORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING D CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN ,../_ STOP ORDER POSTED. CALL INSPECTOR ( ~ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. ~ PROJECT COMPLETE C ISSUE CERTIFICATE OF OCCUPANCY ___ TEMPORARY ___ PERMANENT :::' PHOTO TAKEN ~ CITATION ISSUED Call for the next inspection 24 hours in advance. 473-7357 Owner/Contracto~ite: Inspector. ~~ tJ~ White Copy/Inspector's File Canary Copy/Site Notice CITY of ORONO August 12, 1993 Patrick Wolfe 2871 Casco Point Road Wayzata, MN 55391 RE: Storage Shed Dear Mr. Wolfe: Street Address: 2750 Kelley Parkway Orono, MN 55356 Municipal Offices Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This letter is to inform you that a building permit is required for the placement or construction of a storage shed in the City of Orono, also storage sheds are required to meet setbacks and hardcover limits. The City requires a 75' setback from the lake and does not allow any hardcover within 7 5' of the lake. Therefore, the City must require you to file a permit application and move the shed to an approved location or remove it from your property by August 30, 1993. If this deadline is not met, the City may initiate legal action. If you have any questions or if you have a problem meeting this deadline, please feel free to contact me at my office. Sincerely, Jt~ Lyle Oman Building Official LO/lsv cc: Jeanne A. Mabusth, Building and Zoning Administrator Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473--0510 J -0 I I I I l I I I -------- TANT MESSAGE TO_~~'-=-------=::J1\~.!.-.!.....r"-._~---,,,....=-+..I DATE -$kf-7/f~ TIME 8.'() z WH~J--E-~·~o/u WERE OUT M ___ _,,\,.,_/4~::4,L,-::,:-2=21.::..:.~df():::.. ':#-' --..... ,-_-.. --~- OF ,t,--=1(, !' /\·/1 c:::,"' . ---,-------L./__,l~-".Ja:._' _,~_---'/::._;:!.":_· (....::;:/_-_::::· ··.::_-' - Area Code ;::? & Exchange----'._.}===--_,·7ic...J,&P--·-_'2(.LJVJ1..c.-=5:::...-..::..6 ___ _ TELEPHONED PLEASE CALL X' CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT · I RETURNED YOUR CALL I I Operator ...,..:;.,c...--'=·'--------------- TELEPHONED PLEASE CALL -~ CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT ,1 RETURNED YOUR CALL r I Operator -.,,..-"-...__."-'-1-',----------- .,,11 IMPORTANT MESSAGE '-vi O '/,-, l ·To ' 1/u._jU(_,./ ______ ..:...:,::::::,.a_~..:::_ ______ _ c _ // ~ 9u )' ,1 1 u r, L . A_~.M. DATE \..L . IO 0 TIME~ WHll:?Y_OfJ W~RE OUT :F 't::~W~ Area Code r & Exchange--,$)~7-1-.:::(o:....----1.2:....0=-..:::~::...0 ___ _ TELEPHONED 7' PL£ASECALL y '· CALLED TO SEE.YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT I RETURNED YOUR CALL_, .I Message ______________ _ ' ' IMPO,RTANT MESSAGE \.__,-,,711 , ... ·-'/ TO I L,c._,.___~fr .. DATE . ;, ~ / t~; TIMEr;J ~ -J { ~> WHl ~ij YOU WERE OUT M ,f·/ (;~-~_-:;f ,! ' \ D--~>:·'.~/ .:,L OF Are-a-::C:--o-:-d-e--,------------- & Exchange ___ _;_:__..::::.::._ _ _:_.::.::_..:.::::,_~---- TELEPHONED \/ PLEASE CALL r· CALLED TO .SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT I RETURNED YOUR CALL I I ltJ/1 .J May 4, 1994 •AV••---~•••• •~•-0'•~ •-, ...... CITY of ORONO Street Add re ss: 2750 Kelley Parkway ·Orono, MN 55356 llfonicipal Offices Mailing Address: P.O. Box 66 Cryslal Bay, MN 55323-0066 , Mr. Patrick Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Re: Zoning Application /11895 Dear Mr. Wolfe: I have completed a preliminary review of your after-the-fact application for variances to construct an accessory structure (10'xl2' shed) on your property. The certificate of survey by Otto Associates which you provided contains a wealth of information whic h leads me to make the following comments: The survey is extremely misleading, showing a dark line boundary that does not match the legal boundary of your property. No addendum was provided by you or your surveyor to explain the format of this survey. The shed is clearly not within your property boundaries, but within the right-of­ way of Carman Avenue . The survey suggests a "proposed" change to your legal description which would place the shed approximately 4' within your property . However, you have not applied for a vacation of a portion of Carman Avenue, and if you did so, the City would undoubtedly deny such a vacation given the DNR's consistent opposition to such proposals which reduce public access to lakes, and given the City's use of the right-of-way as a public beach area . A site inspection reveals that the shed is approximately 8' from the normal shoreline (not 12'-14' as survey shows), and obviously within 75' of the lake where no structures or hardcover are allowed. Your surveyor did not identify the 929.4' elevation contour which is required by the City for all surveys abutting Lake Minnetonka . The survey shows and site inspection verifies that your recent landscaping has encroached onto the 60' City right-of-way by as much as 20'. Telephone (6 12) 473-7357 • FA."< 473-0510 June 6, 1994 Mr. Pat Wolfe 2871 Casco Point Road Wayzata, Minnesota 55391 Re: Storage Shed Dear Mr. Wolfe: CITY of ORONO Street Address: 2750 Kelley Parkway Orono, MN 55356 ~lunicipal Offices Malling Address: P.O. Box 66 Cryslal Bay, MN 55323-0C Pursuant to our discussion .of May 31, I understand you will not be providing the City with a revised survey showing your new storage shed as being within your property boundaries. Consequently , your after-the-fact variance application has not been scheduled for the June Planning Commission meeting. You indica te it is now your position that the storage shed is actually an "ice fishing house" which you intend to move our onto the ice each winter and store temporarily on the s hore in the summer. I advised you I would review the City codes regarding the status of "fish houses". As a "shed", your building is considered as a permanent structure; as a "fish house", it is considered as a temporary structure. Both permanent and temporary structures are dealt with similarly in Section 10.55, Subd. 8 and Section 10.22, Subd. 2. Neither temporary nor permanent structures are allowed within 75' of the lake nor encroaching past the avera2:e setback line. Neither · you nor any other resident are allowed to store a "fish house" in the Iakeshore yard not meeting the setback requirements. A temporary structure is considered hardcover, is an encroachment, and is regulated the same as a permanent structure . Your comment that many property owners on Casco Point have fish houses stored ne xt to the lake has no bearing on your individual situation. Furthermore, our sho reline inspection tour of the Casco Point, West Arm, Forest ·Lake, North Arm and Carman 's Bay areas on June 2nd found no more th an five "fish houses" on approximately 14 miles of shoreline. They simply are not being stored on the shoreline at the vast majority of Iakeshore residences. The City's position on your building has not changed and will not change no matter what yo u call it. Further, the City has no survey that shows this building is located or stored within your property boundaries. Absent such a surve y, your afteHhe-fact variance request cannot proceed Mr. Patrick Wolfe May 4, 1994 Page 2 The fact that you had a boat house in the same location for many decades has little bearing on the City's consideration of such structures. City codes are designed to eliminate such structures within rights-of-way or near the lakeshore as they deteriorate. Once the building was removed, it lost any "non-conforming structure" status it may have had. Further, the fact that you used an ex1stmg "foundation" (in this case a deteriorating slab) has little bearing, since per Section 10.55, Subdivision 26 (E), "If any non-conforming use is destroyed by any means including flo ods to an extent of 50% or more of its assessed value , it shall not be reconstructed except in co nformity with the provisions of this section", Removal of the old shed constituted n removal of more lhan 50% of its assessed value. All of the above leads City staff to conclude that you have not made and cannot make a legitimate variance application for this structure . A variance will not be granted for construction of an accessory building on the City right-o f-way. The offending structure must be removed immed iately. The portion of your $175.00 application fee not used in legal notice publication will be returned . I suggest you relocate the structure to a conforming site on the lot. Zoning Administrator Jeanne Mabusth and I would be happy to meet with you to discuss any of the points in this letter and a possible location on yo ur property that would meet code requirements for the shed. Please contact me or Jeanne as soon as possible at 473-7357 to arrange a meeting. ~~p~¥ Asst. Planning & Zoning Administrator MPG/ch Enc . Sections 10.55, Subd. 26; 10.03 , Subd. 5 cc: Jearme A . Mabusth, Building & Zoning Adm. Lyle Oman, Building Official Bruce L. Vang, Field Inspector John R . Gerhardson, Public Works Director and is considered incomplete. Making a complete application for variance and immediately proceeding w ith the process is the .QlliY optio n the City can allow you other than forcing removal of the offending building . Therefore, in order that this matter be resolved in a timely manner, you are hereby advised to submit the appropriate survey no later than Friday, June 24, 1994, in order to meet the deadline for applications for the July Planning Commission mee\ing. If no such survey is received by July 24th, the City will proceed with legal action to require removal of the structure. µ~,¢ Michael P . Gaffron 1 Asst. Planning & Zoning Administrator 6 MPG/ch Enc . Sections 10.22, Subd. 2 and 10.55, Subd. 8 cc : Bruce L. Vang, Field Inspector Lyle Oman , Building Official ( Jeanne A . Mabusth, Building & Zoning Adm . Ronald J . Moorse, City Administrator City Attorney ./ 'l,~~ ititt \ './)A ' J "' ~ ~ 1o•W(.}i' . ~ ( \) ?/ / ~"' '_/ +- ------ /\ I / ,-_ ~ '/ / ,__ 1--1v~--,,✓ I- '--, \....11. --- 0 ,,. 'v (,-11-::· 'I 't~'" i·(' ,·· ·. g.~~. · 1'~·-•··. / -y_ ., ~_.I ~ ' .... ~ "' ~ -··-..;;­o./l.i!t:: \ ~ d I - I I Telephone (612) 473-7357 • FAX 473-0510 )' / \[Y '-0'.~ \ C c..~t',,,,,, ,c,t~V~'f 'Tt) r2irV/J~ ON 1~) --// I so;,--r--- { ' TONKA \ . ~ . ,,J ,, 1 1.1 ,,,n_.·.., ~-:/1 L, " ¥ 1') ,c·n.r.',>~ '¾ /)) I 1·c-rl So .,) \I~" 'l'"' ,J,S'""' A :,,'(> ,.,,,, 0~ ''\~ \ ,' )/ I / .. ..) J 1 I ----.-----· TENNIS C" ~) ~; i\ ,) I I \ ------- 0 .. ( \ c-, c-, c-, 'O "" 0 ~ "' 0 ;..; c-, "' N.W.co!"Mr 1 -of Loi 113 ''\ COURT / . :1~•• J/ O (,CS9 l:-. ~ ----(). Q'J . ~ .,.:--1 'O (~ ,;·.~ ~~ +'-' '/i ~ .:. / ~ A , , I tJ. -1;,:]~~: N·62•s4·2o·w 4B.oo .. ..,;: s9c\), ~--v~• ,.., rj) ,1.: s9< ... .. 011'+­..,o ("() I I ( ,.. \ ) J •-~ ''1 .. v,o• '-"""'-,,.'!> 'v__-) __J j_ ;' ~o -~ .,. ' _.).-LI,""-~ , 1, 0 1~ ., -,--f\ -// r-~t\ t_ / '-I I -I \ _ c)--~~~r\-f\ , , ;=.-r\, , 1 ;=.- 1-:... V L-I J V L 0 .. -1 ' -t­ r) \'"rl / / ) J ~ I--\ i\ 1/ / ~ _______,, I b \-- l / I .. oo.'f-(..,., ' ••. 1s.es "e----">---' -' J -,;;iee \ ( 60 \ \ "" ) .:::, ~ / "" ..::. ~ I I ,,,---J' // I ,-~ :§ I Qj 'I I I CITY of ORONO November 3, 1993 Mr. Patrick Wolfe 2871 Casco Point Road Wayzata , Minnesota 55391 Re: Storage Shed Dear M r. Wolfe: Strut Addnm: 2750 Kelley Parl<way Orono. MN 55356 :\funicipal Offices Ma ilini Address: P.O. Box 66 Cr.(Stal Bay, MN 55323-C: 0 A t 12 1993 this office notified you of zonina and permit requirements fo r a s torage n ugus • ". · 1 d Aaain your shed placed on your properrv . As of this date, the issue remalilS unreso ve . = . options are to remove the shed from the properry or apply for a building permit to place the shed · accordance with the zonina code. A new deadline of Nove mber .IO, 1993 h2:5 been :tablished for removal or permit application submittal. If this deadline is not met , the Cuy will issue c itations and refer the marrer to the City Arrorney for further legal acuon. If you have any questions , feel free co contact me at my office. Sincerely, ~~o~ Building Official LO/ch cc : Jeanne A. Ma busth, Building & Zoning Administrato r Bruce L. Vang, Field Inspector ;;: ... "' "-~ 0 <! <( ~ ..., i ..., <( <! 0 "' c:: "' ._ s 0 :,.. c:: 0 "- "' ~ ;,, ~ "' < ~ s 0 ~ "' ::, 0 '-' DATE TIM E CITY OF ORONO C...lilD IN INSPECTION NOTICE SCHEDULED PERMIT NO.------,.. COMPLETED ADDRESS f},87/ Ca.sc..o /~ tZ~e<d OWNER __________ CONTR. _________ _ TELEPHONE NO. __________________ _ DESCR IPTION __________________ _ 01 FOOTING 11 MECl-tANICAL At 16 WELL TEST PVMP 02 FRAMING 11 MEOiANIC\L FINAL 18 EXCAV/GAAOING.iFILUNG 03 INSULATION 2U25 \',000 BURNER /FIREPLACE 19 LAKESHOAE/\NETLANCS OA-WALLBO. 05 FINAL 07 DEMO-SITE 07 UEMO-FlNAL 09 PLUMBING Al 12 WA.Ta HOOK.UP 13 M~ SET/TUAN ON 14 sews HOOK-UP 27SEPTICI.CAJNT . 15 SEFT"C INSTALL 10 PLUMSING FINAL 2J SE?TlC ANAL OWNER/CONTRACTOR TO MEET YOU:_ '!'ES_ NO 3A TREE REMOVAL ~ INSPECTION ~AOGAESS 21 COMPLAINT 22FOUOW-UP coMMENrs, ----t-~ 7-'} r L-, . r Ne."¼,) ~ !s7 u r_ r ",:t,.4J<&sko r e,,, tJa ft=RPLrt ~ WORK SATISFACTOR~ PROCEED Ci CORRECT WORK & PROCEED = CORRECT WORK, CALL FOR REJNSPE:C7JON BEFOREcc,./ERING 0 CORRECT UNSAFE CONDITION WITHIN __ HOURS. INSPECTOR WILL RETURN = PROJECT COMPLETE = ISSU E CERTIFlCATE OF OCCUPANCY TE..,,..POAARY PERMANENT ~ PHOTO TAKEN -.-/ STOP ORDER POSTED. c.=.LL INSPECTOP. /~ INSPECTION REQUIRED. CALL TO AARAHGC ACCESS. C" CrTATION ISSUED Call !or the next inspection 24 ho urs in advance. 473-7357 Owne;/Contracto~ite: Inspector. :t:,~ 04 .. While Copythupector's Ar. Canary CopytSU• Nata ~ CASCO ~ v? "E ""-, ""'-~·-·-. I I f -~ I I V'' I I , I I '-..,_I (5), ~ C 1. 1, ~ I ,1 ~ /-...• • ,1 '-...... 1 l (I , , .... -, I , I. ,-' I •~ I \ (. '• ' I .. , -~ --- I - /J , , 0 ,,00 -.\'~ c/ --....._ ~. /v e ' If / <. ,_, --r --...;c,,,,,,, ·-, . ,, ... --..;; ''\(·c:,, .._ v, -"'.., I•-, ( I f- -.. '"-\,Jr-...._ I \ t: ~ ~ I 1 ----N72000,52,,,~ . ----....:: ~ Vy .• ~ c;s.-f ,na S ,_ /' ~ -> ,,ore , T)e :::._~~ :----_: . ----.... Ill! ~ O"\ ~ i -- Poltv-,.. \ /~le \ ,., v - c· ~ SHE y.N-,PPRO' LI APPRO' lJ U\SAPF BY_~ DATE_ ~ A>o,4D / lo_o / 59. C0 1 -~ /Vr;1~/ I ~ "nt" I I I ~ -, I I · < I • I I \ ,_' ~ ,t I /-1 I / r-' I 'i/ t -' f I ~ ~· \o I .. I .. I'✓ I .' r, '-L-. ~ ~ , a,,. ~ A fl~ 7 s,. i:st:> ~ zv, : --t-J~D J~. DF 'b-wl IS fN 2-S'l:)-t--P0 1 ............... - e,N l_ ( 1,t) II~ I Jf, -3 'l 7. -( ~ C, :: /, , / -I(, 1 3 '-~ i. S 5 z.o ::. ..S PROPOSED \\ARD SURFl\CE l\RE --- Existi.ng House Proposed Addition Tennis conrt DccK -.. --.nr1 wal'K.S ::: l -, :: 1 : 51 :::: -2 CITY OF ORONO -BUILDING PERMIT APPLICATION Date Received: --------- Date Approved: --------- Permit#: ------- ALL INFORMATION MUST BE SUBMITTED IN FULL BEFORE PLAN REVIEW WILL BE STARTED (See Check-off List Enclosed) THE APPLICANT IS: MAILING ZIP: Si.A/ {work) l 76-70~6 ¼ 71-~~~C) ZIP: ~~).9/ CONTRACTOR: __ ~~~-=~~~,-~c-""""""...-. ....... ...,,,.~----------- MAILING ADDRESS: --------------CITY: ________ ZIP: ______ _ STATE LICENSE: # _________ _ illCHITECT/ENGINEER: ------------------PHONE: ---------- iAILING ADDRESS: CITY: ZIP: ----------------------------- TAME: REGISTRATION {F ------------------------------- 'YPE OF WORK: Demo -- New / Addition Remodel/Alteration-=- Accesso7y ructure__ Move __ Renovate Land Alteration --- 'ROPOSED WORK ( des=ibe in detail) • )r. ,:,o i rr:-<! .....-u ;,.,,, , .,;:f);,... + -~ .Q~~ U L1. TORIES: ____ SQ. FlIBT OF ~CH FLOOR: o. OF BEDROOMS: GARAGE STALLS: ATT. DET. --- STIMATED CONSTRUCTION VALUATION {excluding land): $_.}~_$1;0.c....x.=:-•---------- hereby apply for a building permit and I acknowledge that the information )ove is complete and accurate; that the work will be in conformance with the ~dinances and codes of the City and with the State Building Code; that I 1derstand this is not a permit and work is not to start without a P.ermi t; and 'PLICANT'S SIGNATURE: _ __,~-=-...%.-._...'-Q,,A~u.,.-~,.....,,,_~..f,,..lW-----DATE: ---".J..7+--1--7-1------- CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or · license. · 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data.on yourself. 6. Your full name is required to process this application or permit. \JC) t.. r.c;; Last State Zip ::-;-4-~~~~~~~uo.:--:....!7~0~i"1~0~ ~ I understand my rights as stated above. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 • DATA PRIVACY ADVISORY In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. _--You are notified that: ~~-~ '. 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process· the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle\ ~~7/ ~J'\~ I understand my rights as stated above. GOVT LOT 5 ':, ,- 17 I 1A.; .; ~I s~ IJJJ