HomeMy WebLinkAboutProject PacketCITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
TO: Scott Schneider
945 Forest Arms Lane
Mound, MN 55364
ZONING FILE: #05-3087
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: March 1, 2005
COPIES: Andrew & Marcia Freese
2914 Casco Point Road
Orono, MN 55391
TYPE OF APPLICATION: Hardcover, Average Lakeshore Setback Variances ----------------------------------------------------------------------------------
DATE OF MEETING: February 28, 2005 VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed
to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday
through Friday, 8:00 to 4:30). All persons with interest in the property must sign
the resolutions.
Variance approval is limited to the extent shown on approved plan and as noted in the
approval resolution. Changes in approved plans are subject to further review by the City.
Variance approval expires one year after date of approval. A building permit must be
obtained no later than February 28, 2006.
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.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, February 28, 2005
7 :00 o'clock p.m .
(11. #05-3084 JAMES AND PATRICIA OLSON, 4360 BAYSIDE ROAD, Continued)
Gaf:fron noted that staff found enough hardship to allow them to remain at 77', as opposed to the
increased 72'.
Olson reiterated that, due to the p l acement of the septic, drainage, slope of the land, and trees, they
could not come up with a better solution or design.
Mrs. Olson inte1jected that they had hoped to add some architectural interest to a 60' s rambler.
While he wished Council could give the applicant exactly what he wanted, Sansevere was hesitant
to set new precedent without hardship and not being consistent.
Attorney Ban-ett stated that he had not heard formal hardship which would wanant an additional
5 '.
Since building a detached garage elsewhere on the site would cost them valuable pasture land for
their horses , Olson asked whether the Council would consider allowing them to continue across the
front line of their foundation rather than setting it back from the current sh·aight line .
White stated that he was willing to extend the footprint of the foundation in keeping the look of the
house. He felt this would be consistent with the design of the home to allow the applicant an
additional 2'.
White moved, McMillan seconded, to deny the original variance request, but to adopt
RESOLUTION NO. 5288 with revisions that would permit a variance for the continuation of
the current front foundation line for construction of the proposed garage addition for 4360
Bayside Road. VOTE: Ayes 5, Nays 0.
*12. #05-3087 ANDREW AND MARCIA FREESE, 2914 CASCO POINT ROAD
VARIANCE -RESOLUTION NO. 5289
Murphy moved , Sansevere seconded, adopting RESOLUTION NO. 5289, a Resolution
granting a hardcover variance for the 75'-250' zone and an average lakeshore setback
variance for 2914 Casco Point Road. VOTE: Ayes 5, Nays 0.
*13. #05-3088 MICHAEL KURUVILLA, 850 WAYZATA BOlJLEVARD WEST
CONDITIONAL USE PERMIT -RESOLUTION NO. 5290
Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5290, a Resolutio n
granting the conditional use permit and sign variances for Orono Montessori School l ocated
a t 850 Wayzata Boulevard West. VOTE: Ayes 5, Nays 0
MAYOR/CITY COUNCIL REPORT
Murphy introduced Gabriel Jabbour who had just returned from a meeting with the Veterans Board
regarding the Big Island Vet Camp property and wished to make some comments.
PAGE 8 of 10
Date Application Received: 1-19-05
Date Application Considered as Complete: 2-14-05
60-Day Review Period Expires: 4-14-05
Department Approval:
Name: Janice Gundlach p
Title: City Planner
REQUEST FOR COUNCIL ACTION
Administrator Approval:
Date: February 24, 2005
Item No.:
Agenda Section:
Zoning
Item Description: #05-3087, Andrew & Marcia Freese, 2914 Casco Point Road
Variances -Resolution
Zoning District:
Lot Area:
Lot Width:
List of Exhibits
LR -1 C, One Family Lakeshore Residential District (½ acre minimum)
0.60 acres (26,162 s.f.)
235 feet at shoreline; 95' at 75' setback
A -Resolution per Planning Commission Recommendation
B -PC Action Notice 2-23-05
C -PC Memo and Exhibits of 2-17-05
Application Summary: Applicant requests the following variances in order to construct a half
story above the existing 2 story home in conjunction with other remodeling:
1. Hardcover variance to permit 29% hardcover within the 75'-250' zone when 31 %
currently exists and 25% is normally allowed.
2. Hardcover variance to permit 1.7% hardcover within the 0-75' zone when 3.7% currently
exists and 0% is allowed.
3. Average lakeshore setback variance to permit construction of a ½ story above the existing
second story where the existing house encroaches approximately 9' to 25' (measuring east
to west) into the required setback.
Planning Commission Recommendation
The Planning Commission voted 5-0 to approve the requests with the following stipulations:
• Hardcover within the 75'-250' zone comply with the 1989 hardcover variance approval of
27.34%,
• The remaining 1. 7% hardcover within the 0-7 5' zone be removed.
The applicants have agreed to meet these stipulations.
Staff Recommendation
Approval per the attached Resolution.
COUNCIL ACTION REQUESTED
Adopt the attached Resolution granting a hardcover variance for the 75'-250' zone and an average
lakeshore setback variance for 2914 Casco Point Road.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1279, 78-1288
FILE NO. 05-3087
WHEREAS, Andrew Freese and Marcia Freese, husband and wife
(hereinafter "the applicants") are the owners of the property located at 2914 Casco Point
Road within the City of Orono (hereinafter the "City") and legally described as follows:
Tract K, Registered Land Survey No. 461, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for variances to Orono Municipal Zoning Code Section 78-1279 and 78-1288 to allow
construction of a half story above the existing two story house with interior renovations
which require a hardcover variance for the 0-75' zone to permit 1.7% hardcover when
3.7% currently exists and 0% is normally allowed, a hardcover variance for the 75'-250'
zone to permit 29% hardcover when 31 % currently exists and 25% is normally allowed
and lastly an average lakeshore setback variance to permit construction of the half story
over the existing footprint which encroaches into the required setback; where a hardcover
variance for the 75'-250' zone of 27.34% and the requested average lakeshore setback
variance were recommended for approval.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #05-3087
2. The property is located in the LR -1 C, Zoning District which requires a
minimum lot area of one-half acre and a minimum lot width of 100 feet.
The applicant's property meets these requirements.
Page 1 of 6
3. The Planning Commission reviewed this application at a public hearing
held on February 22, 2005 and recommended approval of variances based
on the following findings:
a. Resolution #2630, approved in 1989, permitted a hardcover level of
27.34% within the 75'-250' zone.
b. The applicants have provided a plan that would comply with the 1989
approved hardcover level of 27.34% and therefore no increase in
approved hardcover is proposed.
c. The average lakeshore setback would not be encroached upon further
than the existing house, nor will any views be further encroached upon
or impacted.
d. The applicants have agreed to meet a hardcover level of 0% within the
0-75' zone.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
variances on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variance would not adversely affect traffic
conditions, light, air nor pose a fire hazard or other danger to neighboring
property; would not merely serve as a convenience to the applicants, but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive
Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-1279 and 78-1288 to allow
Page 2 of 6
construction of a half story above the existing two story house with interior renovations
which require a hardcover variance for the 75'-250' zone of 27.34% and approval of an
average lakeshore setback variance, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. Hardcover in the 0-75' zone shall not increase above the level of 0%. Hardcover
in the 75'-250' zone shall be limited to 27.34% per the proposed plan and
hardcover allowance summary as depicted on Exhibit A and revised at the Public
Hearing. Applicant is advised that any future requests to increase hardcover or
change the nature of existing/approved hardcover shall require City approval, and
increases in hardcover will not likely be approved without concurrent reduction in
existing hardcover.
3. Applicant shall remove all plastic or fabric liner material from the decorative
landscape beds on the property to ensure their permeability as non-hardcover
surfaces.
4. Required removals of hardcover ( except the driveway re-configuration) shall be
completed by the first inspection for the proposed improvements.
5. The driveway re-configuration shall be completed prior to the final inspection for
the proposed improvements.
6. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the variance will expire on that date (February 28, 2006).
7. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
8. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
Page 3 of 6
successors and assigns, hereby agrees to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on the 28 th day of February, 2005.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner( s)
Page 4 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this _ day of
____ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this _ day of
____ , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 5 of 6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this_ day of _____ , 2005
by Andrew Freese, husband of Marcia Freese, husband and wife.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this_ day of _____ , 2005
by Marcia Freese, wife of Andrew Freese, husband and wife.
Notary Public
Page 6 of 6
041507 20/117/23 FREESE.ANDY & MARCIA
.fX\-¼B\1
ADVANCE SURVEYING & ENGINEERING CO.
5300 S. Hwy. No. IOI Minnetonka, MN 55345 Phone (952) 474 7964 fax (952)474 8267
SURVEY FOR: ANDY & MARCIA FREESE
SURVEYED: December IO, 2004 DRAFTED: December 13,2004
REVISED: December 20, 2004 to update addition.
~ January 25, 2005 to change addition.
REVISED: F'ebruary 7, 2005 to add average setback line.
LEGAL DESCRIPTION:
tract i-.., 1<.egistered Land Survey No. 46!, Hennepin County, Mlnnesota.
SCOPE OF WORK:
L Showing the length and direction of boundary lines of the above
legal description. The
scope of our services does lli?J. include determining what you own,
which is a !cgnl mnucr.
Please check the \egt11 description with your records or consult with
competent legol counsel,
if necessary, to make sure that il is correct, and that any matters of record,
such as eusements, that
you wish shown on the survey, have been shown
2, Showing th~ location of existing improvements we deemed imporhmt
3. Setting new monumcl\ts or veri!Ying old monuments to mnrk the comers
of the property.
4, Showing and tabulating hard cover ancl area of the lot for your review
and for the review of
such governmental agencies as may hnvcjurisdiction over hnrd cover
requirements.
5. While we show proposed improvements to your property, we not
as familiar with your
plans as you are nor are we as familiar with the requiremenls of
governmental agencies as their
employees are. We suggest that you review the survey to confim1 that the
o/,11 s
SI
~
SI
fJI
1//1
111
~
proposals arc whut you ---
intend and submit the survey to such governmental agencies :is may have
jurisdiction over your
project to gain their approvals if you can.
STANDARD SYMBOLS & CONVENTIONS:
" • " Denotes l/2'1 ID pipe with plastic plus bearing State License Number
9235, set, unless othenvise noted.
I hereby certify that this plan. specification. report or survey was prepared by me or
under my direct supervision and that I mn a licensed .Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
~rrmo,}I 61.a0.iaa --i,-j[ ParkerP.E. & P.S. No. 9235
/JllNJMAL
£,!(ND/ N<=t OUT5 IDE
P ffl10 l)OO 12-$ $¼\-1\1..L
~INGWD6D IN -mt
2.1.~0/4 tt~l-0\/E~
A
VRl\J~WN-{ ~Af...L
f,E tl..E-lONF\etV~ED
JN kJ ~Pfoiu-iD
'1-E)\J tE tt~v' tR. -
PrS PR.E$ENTEP Po ,Ht
pc.., fV~U c.., t-\ EAAJ N/JiHIC
APPROVED HARDCOVER
0-75' Zone
13,287 s.f. @0% Hardcover
75'-250' Zone
12,335 s.f. @ 27.34% Hardcover
SCALE
k.-..-LJ-~ r
( IN FEET)
.-~,a,,0>
~'Jf,.J'.7
10 eJE PeMov gp -
0 ID ftl\12.DCD VE f2..
ALU) W€P I tJ 0-=75 • 1.A)IJ E
;f/J,,~
.,..,,.,. fo"5~,p
•"' . ' ft)~.>
,.,,£~~
·~;!"
928.
Drw. No. 041507
CITY OF ORONO
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
TO: Scott Schneider
945 Forest Arms Lane
Mound, MN 55364
ZONING FILE: 05-3087
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: February 23, 2005
COPIES: Andrew & Marcia Freese
2914 Casco Point Road
Orono, MN 55391
!.X.~~ 9_~ ~!!!,J~A~I_q~:.-____ Hardcover, Average Lakeshore Setback Variances _
DATE OF MEETING: February 22, 2005
Planning Commission recommended as follows:
To approve the proposed renovation with the following stipulations:
1. The hardcover level in the 75'-250' zone shall not increase above the 1989
approved level of 27.34%.
2. All hardcover is removed within the 0-75' zone, including the landscape fabric so
that the total hardcover percentage is 0.
3. Approval of the average lakeshore setback variance as requested.
VOTE: 5 FOR 0 AGAINST
Applicant's next scheduled meeting is confirmed as:
City Council-Monday, February 28, 2005; meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission or Council minutes,
they are available from the City Recorder after review and approval by the Planning
Commission or Council. If you have questions, please call City Planner Janice Gundlach
at 952-249-4623.
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday,February22,2005
6:00 o'clock p.m.
(#05-3086 Philip and Cassandra Ordway, Continued)
Leslie stated he would then suggest tabling the application.
Ordway stated the garage would be located over the existing driveway and inquired whether the
Plaiming Commission would be in favor of that.
Fritzler stated they would need to get approval to do grading with the top of the bluff line. Fritzler
stated he would probably vote according to Staffs recommendations .
Leslie conm1ented he probably would allow the garage encroachment provided there were no other
encroachments.
Ralm stated he would agree with Staffs reconm1endations and not allow any encroachments .
Bremer stated she would allow the encroaclunent.
K empf indicated he also would allow the encroaclm1ent.
B r emer noted there nonnally are two more conunissioners present.
Ralm suggested getting Staffs recommendation on the latest plan discussed tonight.
Gaffron stated the applicants might be better off tabling the application to allow Staff to review the
revised plans.
Ordway indicated he would prefer to table the application tonight.
Leslie moved, Fritzler seconded, to table Application #05-3086, Philip and Cassandra Ordway,
1145 Sixth Avenue North, to allow the applicants time to submit a redesigned plan.
VOTE: Ayes 5, Nays 0.
8 . #05-3087 ANDREW AND MARCIA FREESE, 2914 CASCO POINT ROAD,
8:26 P.M. -8:51 P.M. .
An drew Freese, .Applicant, and Scott Sclmeider, Architect and Builder, were present.
Gundlach stated the applicant is requesting variances in order to constrnct a half-story above the
existing two-story home in conjunction with other remodeling . The following variances are being
requested:
1. A hardcover vmiance to permit 29 percent hardcover within the 75'-250' zone when 31 percent
currently exists and 25 percent is normally allowed .
PAGE 19
i I
MINUTES OF THE
ORONO PLANNING COMlVIISSION
Tuesday, February 22, 2005
6:00 o'clock p.m.
(#05-3087 Andrew and Marcia Freese, Continued)
2. Hardcover variance to permit 1.7 percent hardcover within the 0-75' zone when 3.7 percent
currently exists and O percent is allowed.
3. Average lakeshore setback variande to pennit construction of a half story above the existing
second story where the existing house encroaches approximately nine feet to 25 feet into the
; required setback.
The applicant is proposing the basement of the existing residence become the first floor, with a new half
st01y be constrncted above the existing second story, for a total of two and a half stories. Gundlach
indicated the applicant is proposing to tear down the existing two-car garage and reconstruct a new
three-car garage at an elevation lower than the existing garage. On the second floor the applicant is
proposing to construct a new bedroom and batln·oom above the proposed three-car garage, a new front
porch, and major interior renovations which would eliminate the existing three bedrooms and replace
them with a kitchen, dining room and living/entertaimnent room. · In addition, a new half story would
also be constructed, which would include a master bedroom suite with full bath, tln·ee bedrooms, a
second full bath, and laundry.
Gundlach noted this prope1iy did receive a variance in 1989 to permit 27 percent hardcover within the
75'-250' zone to acconm1odate the addition on the back of the residence. Gundlach stated there were
hardcover removals required at that time in conjunction with the variance approval. Gundlach noted the
1;939 variance restricted future requests to increase hardcover on this lot. Staff finds that the applicant
lias not sufficiently demonstrated a hardship to justify approval of 29 percent.
Gundlach stated Staff did visit this site and does not find that the view of the lake for the neighbor to the
north would be negatively impacted by this project, but that the neighbor to the southwest would be
impacted in the sense that their home is located behind the applicant's residence. Staff feels that the
addition of a half-story would not further obstruct their view of the lake since their view is alr~ady
obstructed by the existing house.
Staff is reconunending denial of the requested 29 percent and that the applicant be required to comply
with the resolution approved in 1989, whic,1 specifically calls for/no additional hardcover in excess of
the 27 percent approved at that time. i ·
If the Planning Conunission finds that the level of work proposed constitutes review as a rebuild rather ,
than a renovation, Staff would reconm1end that no hardcover variance be granted. Staff is also
reconunending denial of the hardcover variance request for the 0-75' zone. Gundlach noted the
applicant has already removed the 286 square feet boat enclosure. The 230 square feet of fabric mesh
should also be removed for a total 0-75' hardcover !lercentage of 0 percent. In addition, Staff
reconunends approval of the average lakeshore setback variance as the properly is located at the mouth
of what is known as Casco Cove, where the neighbor to the northeast only has views northeast over the
open water and the neighbor to the southwest only has views within the cove.
I
Freese indicated they just relocated here from Philadelphia ana were not aware of all the hardcover .
issues. Freese stated they are going to remove the fabric mesh and merely put it down to kill the weeds.
F1eese stated currently the hardcover is 31 percent, which in his opinion can be reduced to 27.3 percent.
I
PAGE 20
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 22, 2005
6:00 o'clock p.m.
(#05-3087 Andrew and Marcia Freese, Continued)
In terms of the sight line, Freese noted Staff should have received letters from both neighbors indicating
that they are in supp01i of the project.
Freese stated two floors of the structure are remaining the same and that they would be occupying the
house dming the remodeling process. In addition, they are requesting a three-car garage in order to
store a collector car that has been in their family for years and is rarely driven. Freese stated the car is
Clmently being redone in Pe1msylvania.
Schneider indicated they have discussed this application numerous times with Staff, and if the garage is
flip-flopped, the driveway could be reduced and relocated, which lowers the hardcover and puts it at
27.34 percent.
Leslie noted the driveway would actually be shortened.
Fritzler inquired whether the first floor would remain the same.
Freese stated the first :floor would stay essentially the same with merely some doors being replaced.
Fritzler inquired whether the ceilings are remaining the same.
Freese stated the ceiling would remain the same.
Fritzler stated in his view this is close to being a rebuild rather than a remodel.
Freese stated they did consider tearing the existing house down but decided a half-story would meet
their needs.
Fritzler noted if the existing structure is torn down, the applicant would be required to meet the 25
percent hardcover limit.
Freese stated they would like to improve the appearance of the residence, and that if the Planning
Commission deems this to be new constrnction and requires the hardcover be reduced to 25 percent, he
is unsure how he would be able to achieve that.
Bremer stated in her view this is a remodel but that perhaps in the near future this law should be
reviewed by the City since more and more remodel projects are coming before the Plmming
Commission.
Leslie indicated he is in agreement with Bremer.
Bremer noted she also is in agreement with the proposed changes to the driveway.
PAGE 21
MINUTES OF THE
ORONO PLANNING COMMISSION
Tuesday, February 22, 2005
6:00 o'clock p.m.
(#05-3087 Andrew and Marcia Freese, Continued)
Gaffron stated he would need to lmow the turning radius of the driveway and noted that there needs to
be a 15-foot strnight out before it angles. Gaffron noted it currently comes out straight for ten feet
before it angles. Gaffron stated it might be difficult to get a large vehicle in and out of the garage.
Bremer inquired what the hardcover calculation is.
Gundlach stated the hardcover as proposed with the revised plan presented tonight would be at 27.30
percent.
Freese stated they would be willing to abandon the patio in the back.
Rahn inquired whether there are two existing patio doors but no patios.
Schneider stated there are two patio doors but no patios.
Rahn commented it is likely that a patio would appear in the future given the two patio doors that
currently exist and that the patios have been eliminated in order to gain the third stall on the garage.
Rahn stated in his opinion a minimum patio should be constructed outside each door.
Freese stated that was their original intent, but given the curve on the driveway, they have abandoned
the patios.
Rahn stated the applicant might want to look at some other options, but that he is in agreement with the
proposed hardcover, a driveway that is workable, and a small patio off one of the doors.
Freese stated he is agreeable to the 27 .34 percent hardcover, meeting the requirements for the driveway,
and constructing a small patio.
Fritzler stated what is approved is only what is allowed.
Rahn moved, Leslie seconded, to recommend approval of Application #05-3087, granting of a
hardcover variance, average lakeshore setback variance, with the requirement that the hardcover
not exceed the 27.34 percent that was granted in 1989, with the condition that the driveway will
meet City Code and that some type of minimal patio be constructed off one of the patio doors.
VOTE: Ayes 5, Nays 0. .
9. #05-3088 MICHAEL KURUVILLA, 850 WEST WAYZATA BOULEY ARD,
CONDITIONAL USE PERMIT, 8:52 P.M. -9:15 P.M.
Michael Kuruvilla, Applicant, was present.
Curtis stated the property is located in the RR-lB, one family rural residential area, and consists of
6.404 acres. In April 1979, a conditional use permit for a daycare serving 30 students was granted to the
PAGE 22
#05-3087
February 22, 2005
Page 1 of6
Date Application Received: 1-19-05
Date Application Considered as Complete: 2-14-05
60-Day Review Period Expires: 4-14-05
To: Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
From: Janice Gundlach, City Planner~
Date:
Subject:
February 17, 2005
05-3087, Scott Schneider on behalf of Andrew and Marcia Freese, 2914
Casco Point Road, Hardcover Variance, Average Lakeshore Setback
Variance, Public Hearing
Zoning District: LR-IC, One Family Lakeshore Residential District(½ acre min.)
0.60 acres (26,162 s.f.) Lot Area:
Lot Width: 235' @ shoreline; 95'@ 75' setback
Application Summary: Applicant requests the following variances in order to construct a
half story above the existing 2 story home in conjunction with other remodeling:
1. Hardcover variance to permit 29% hardcover within the 75' -250' zone when 31 %
currently exists and 25% is normally allowed.
2. Hardcover variance to permit 1.7% hardcover within the 0-75' zone when 3.7%
currently exists and 0% is allowed.
3. Average lakeshore setback variance to permit construction of a½ story above the
existing second story where the existing house encroaches approximately 9' to
25' (measuring east to west) into the required setback.
Staff Recommendation: Staff recommends:
IA. Denial of the requested 29%. The applicant should be required to comply with
the resolution approved in 1989 which specifically calls for no additional
hardcover in excess of the 27% approved at that time.
1B. Should the Planning Commission find that the level of work proposed constitutes
review as a rebuild rather than a renovation, staff would recommend that no
hardcover variance be granted.
2. Denial of the hardcover variance request for the 0-75' zone. The applicant has
already removed the 286 s.f. boat enclosure and was required to remove it in
1989. The 230 s.f. of fabric mesh should also be removed for a total 0-75'
hardcover percentage of 0%.
3A. Approval of the average lakeshore setback variance as the property is located at
the mouth of what is known as Casco Cove, where the neighbor to the northeast
only has views northeast over the open water and the neighbor to the southwest
only has views within the cove.
3B. Should the Planning Commission determine that the level of work proposed
constitutes review as a rebuild rather than a renovation, staff would recommend
that the existing encroachment be maintained but nothing further.
Pertinent Zoning Ordinance Sections
#05-3087
February 22, 2005
Page 2 of6
Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be
placed, located or constructed within 7 5 feet of the ordinary high water level of any lake
or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in
this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than
25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no
greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there
shall be no greater than 3 5 percent hardcover.
Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No
principal or accessory structure shall be located closer to the lakeshore than the average
distance from the shoreline of existing residence buildings on adjacent lots; except that
this does not apply to stairways, lifts, landings and lockboxes. Further, the average
lakeshore setback shall apply only to classified lakes and shall not apply to tributaries.
The average lakeshore setback line shall be a straight line connecting the most lakeward
protrusions of the residence buildings on the immediately adjacent lakeshore lots.
List of Exhibits
Exhibit A -Applications
Exhibit B -Hardship Documentation Form
Exhibit C -Existing and Proposed Survey
Exhibit D-Hardcover Calculation Worksheets
Exhibit E -Existing Floor Plans
Exhibit F -Proposed Floor Plans
Exhibit G -Existing Elevations
Exhibit H -Proposed Elevations
Exhibit I -Existing & Proposed Section Views
Exhibit J -Applicant's Engineer Report on Load Bearing Capacity
Exhibit K -Resolution # 2630 Approved in 1989
Exhibit L -Survey & Hardcover Calculations from 1989 Approval
Exhibit M -Photographs
Exhibit N -Neighborhood Comments
Exhibit O -Property Owners List
Exhibit P -Plat Map
Background
The applicant originally applied for a building permit in October of 2004 in order to
construct a new 3-car attached garage and also a second story. Following staff review of
the building permit application it became apparent that the second story was a third story
due to the amount of foundation exposed on the lowest level. At that time the applicant
met with Planning Department staff and the City's Building Inspector to discuss the
building code definition of basement and also the Zoning Ordinance's definition of
building height and half story. The applicant has since revised the plans to incorporate
the basement as the first floor and is proposing a new half story above the existing second
story, for a total of 2 and ½ stories.
#05-3087
February 22, 2005
Page 3 of6
The proposed improvements include (see Exhibits E-I of existing and proposed floor
plans, elevations, and sections):
First Floor:
Second Floor:
½ Story:
Tear down of the existing 2-car garage and total re-construction of
a new 3-car garage and inclusion of a closet within the guest
bedroom
Construction of a new bedroom and bathroom above the proposed
3-car garage, construction of a front porch, and major interior
renovations eliminating the existing 3 bedrooms and inclusion of a
kitchen, dining room and living/entertainment room in their place.
All new construction including a master bedroom suite with full
bath, 3 bedrooms, 2nd full bath and laundry. Staff has confirmed
that the proposed half story meets the Zoning Code requirements
for half stories.
The applicant has submitted this application as a renovation. Planning Department staff
has informed the applicant of the 50% threshold under which renovations are reviewed,
however applicant still maintains the project is a renovation. Staff has therefore reviewed
the application based on the standards of which renovation projects are held to, however
has offered an alternative recommendation should the Planning Commission feel this
project should be reviewed as a rebuild.
LOT ANALYSIS WORSHEET
Lot Area/Width
LR-lC Lot Area Lot Width
Required 21,780 s.f. (0.5 acre) 100'
Actual 26,162 s.f. (0.60 acres) 23 5' @ shoreline
95' (ii), 75' setback
Setbacks
LR-lC Required Existing Proposed
Front NIA NIA NIA
Rear (street) 30' 37' NO CHANGE
Left Side (west) 10' 16' 11'
Right Side ( east) 10' 10' NO CHANGE
Lakeshore 75' 115' NO CHANGE
Average Lakeshore 125'-140'
east)
S IC tructura overa~e
Total Lot Area
26,162 s.f. (0.60 acres)
Hardcover Calculations
Hardcover Total Area in
Zone Zone
0-75 13,827 s.f.
75-250 12,335 s.f.
Hardcover Variance
(west-9' -25'
encroachment
#05-3087
February 22, 2005
Page 4 of6
NO CHANGE
Total Structural Coverage
Allowed: 3,924 s.f. (15%)
Proposed: 2,523 s.f. (10%)
Allowed Existing Proposed
Hardcover Hardcover Hardcover
0 s.f 516 s.f. 230 s.f.
(0%) (3.7%) (1.7%)
3,084 s.f. 3,821 s.f. 3,578 s.f.
(25%) (31%) (29%)
The applicant has proposed to construct an attached 3-car garage, driveway to serve it
and also to build a half story above the existing second story. Because the applicant is
adding new hardcover and expanding the current envelope, a hardcover review and
compliance is required. The applicant currently has a hardcover level within the 75'-250'
zone of 31 % where 25% is normally required. Although a hardcover reduction of 2%
(29% total in 75'-250' zone) is proposed, a hardcover variance remains n~cessary as 25%
is normally required.
The applicant has proposed to remove a boat enclosure within the 0-75' zone reducing
hardcover in that zone by 286 s.f. or 2% approximately to 1. 7%. Upon a site inspection
on 2/15/05 staff discovered that the boat enclosure was already removed. Staff finds that
the material on the hardcover worksheets labeled as "mesh" ( comprising all 1. 7%
hardcover) is landscape fabric which is considered hardcover. In order to keep the 230
s. f. of mesh, or landscape fabric, a hardcover variance for the 0-75' zone is required.
Resolution number 2630 is attached to this report as Exhibit K. The prior owners had
received a hardcover variance to allow 27% in the 75'-250' zone and an average
lakeshore setback variance in May of 1989 in order to construct an addition to the home.
#1 on page 3 of that resolution states "The applicant is advised that no future hardcover
will be permitted on this property, however, any future proposal to increase hardcover on
the property might be approved only in conjunction with concurrent removals of existing
hardcover, resulting in no net increase of hardcover on the property."
Average Lakeshore Setback Variance
The existing house encroaches into the average lakeshore setback by approximately 9' to
25' when measured east to west. This is due to the curve of the shoreline at this location
which is within a cove. Although the applicant isn't requesting approval to encroach
further into the average lakeshore setback, a variance is still required as a half story will
#05-3087
February 22, 2005
Page 5 of6
be constructed above the existing second story, having the potential to obstruct lake
views that adjacent neighbors may have.
Hardship Statement
Applicant has provided a brief hardship statement in Exhibit B, and should be asked for
additional testimony regarding the application.
Hardship Analysis
In considering applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area. The Planning Commission shall consider recommending approval
for variances from the literal provisions of the Zoning Code in instances where their strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keep inf! with the spirit and intent of the Orono Zoninl! Code.
Staff finds that the applicant has not sufficiently demonstrated a hardship to justify
approval of 29% when 27% was approved in 1989, with the stipulation that no additional
hardcover be allowed. The proposed 2% increase consists mainly of a third garage stall
and the driveway to serve it. While staff recognizes the need for additional space for this
particular family, that alone is not a hardship inherent to the land which is part of the
hardship requirements. With this proposal, the applicants not only wish to construct a 3-
stall garage, but no lakeside deck or patios are proposed ( a small lakeside deck is
proposed off the master bedroom suite above existing structure/hardcover). Staff finds
this to be somewhat problematic with the potential for future requests for hardcover
variances for either a lakeside patio or deck. Should a lakeside patio or deck be included
the hardcover level would likely raise above 30% with the current proposal.
Staff also finds that the applicant should be required to remove the 230 s.f. of landscape
fabric within the 0-75' zone as no hardship has been demonstrated in order to keep it.
Should the applicant agree to removing this material no hardcover variance for the 0-75'
zone would be required. Staff finds that this area can easily be re-sodded so as not to act
as hardcover.
The findings of the 1989 hardcover approval indicate support based on the mere fact that
a net reduction of hardcover was proposed with reduction of the lakeside patio. This begs
the question of whether the excess 0-75' shoreline area to the northwest, used in
reviewing variances today, constitutes justification of the requested 2% hardcover
increase. Although used in the past, this particular layout differs as it is not benefiting
stormwater infiltration of the hardcover within the 75'-250' zone and therefore would not
justify approval above the 1989 variance level.
The applicant is also requesting approval of an average lakeshore setback variance.
While the new construction of a 3-car garage meets the average lakeshore requirement,
construction of the proposed half story above the existing footprint does not. Staff finds
that based on the 1989 average lakeshore setback approval and the orientation of the
#05-3087
February 22, 2005
Page 6 of6
cove, no lake views are further obstructed and this variance is justified. The neighbor to
the north has no direct lake views over the applicant's property, which is into the cove
not the open water, as the house and lot are oriented to the other end of the shoreline.
The neighbor's house to the south is a single story and set back farther from the lake than
the applicant's property. Because the applicant's house is an existing 2 story there are no
lake views to be obstructed. This neighbor does have a deck that appears to have been
built merely to get lake views, which staff believes will not be impacted with the
construction of the proposed½ story.
Also to consider is whether this project should be reviewed as a rebuild or a renovation,
as currently proposed. In the background section of this report, and illustrated within
Exhibits E-I, the applicant may be reaching the 50% threshold typically used. The
applicant has indicated that the homeowners will be living in the home during much of
the work, although not construction of the half story. Should the Planning Commission
determine that this project reaches the level of a rebuild, staff would not recommend
approval of any hardcover variance, although approval of an average lakeshore setback
variance remains justified.
Issues for Consideration
1. Should this be reviewed as a renovation or a rebuild?
2. Should additional hardcover be approved to support a 3-stall garage?
3. Should a lakeside patio or deck be required?
4. Should the landscape fabric within the 0-75' zone be removed?
5. Are any lake views obstructed by construction of a half story?
6. Are there any other issues or concerns with this application?
Staff Recommendation
Should the Planning Commission determine that review of this project should be as a
renovation, staff would not support approval of a hardcover variance above 27% (level
approved 1989), however would support approval of the average lakeshore setback
variance.
No hardcover should be permitted within the 0-75' zone regardless of whether the project
is reviewed as a renovation or rebuild. The applicant should be required to remove the
230 s.f. of landscape fabric in addition to the 286 s.f. boat enclosure.
Should the Planning Commission determine that review of this project should be as a
rebuild, staff would recommend no level of hardcover variance be approved. Staff would
continue to support approval of an average lakeshore setback variance, although only
with no further encroachment than existing.
City of Orono exH1s1r A
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address: .
P.O. Box 66
Crystal Bay, MN 55323-Cl066
Application # /) 5 -;;0<(;1
Date Received: l/11JOS
Amount Paid: .-------Staff: ,JkNllt
Fee: $600 __;_:.__ ______ _
Renewal: $300 --------After-the-fact: $1,200 Double Fee
This application form must be completed in full. Apr;':cant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATJON:1
Site Address: 2Pf 1L{: 00.t? RJJJ.ir tf!D. /J-f2cr,Jb , MA.f 55-Zjt
Property Identification Number (PIN):'
(Attach legal description to application if not included on the survey.)
Date Property Acquired (month/year): ___ □ Yes, I own the adjacent parcels.
Present use of property: Jg Residential □ Other _________________ _
Zoning District:
Email: --------=====-----------
OWNER INFORMATION: (Complete legal names 2:-;d marital status required for each interested party)
Name: ~ { MJrrzC.,tA . ~5£"
Phone (home): =~~:JU 7 Phone (work):
Address: hqJ~ pt?d!r tZbJ 01Zc1JJD /vv-J £531/
Email: -Fax: -------------
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
□ Pre-Application Meeting Form, completed by a City Planner.
□ Completed Application Form
□ Completed Hardship Documentation Form
□ Certified Property Owners List -owners within 150' of the subject property, labels and plat map.
List, labels and map may be obtained from Hennepin County Department of Finance,
Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910
□ Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements
listed within this packet, including hardcover calculations. Also provide one copy 8.5" x 11" or
11" x 17" for reproduction.
□ Completed hardcover calculation worksheets (as provided within the variance packet).
□ Topographic survey -including existing and proposed elevations. Provide one copy 8.5" x 11"
or 11" x 17" for reproduction.
□ Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17").
□ Additional items may be requested by City Staff depending on the scope of the project. *
APPLICANT'S ACKNOWLEDGEMENT:
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or
consultant expenses incurred in review of this application and certifies that the information supplied is
true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely
responsible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reject it until i is complete or to recommend the request for
denial of the request reg ,of· rit.
Applicant's Signature:
Applicant's Signature: r• J
OWNER'S ACKNOWLEDGEMENT:
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission & Council Members for
purposes of investigation an verificatio of this request.
Owner's Signature: Date: -----~------------Owner's Signature: Date: ------------------
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are normally held on the third Monday of each month.
Applicants must be present at all scheduled review meetings of the Planning Commission and
Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to
have an authorized representative attend in place of the applicant and advise the City Planner
assigned to your project.
City of Orono
Pre-Application Meeting Form
(This form is to be completed by a City Planner during your pre-application meeting.*)
Street Address: Mailing Address: For Office Use Only:
P.O. Box 66 2750 Kelley Parkway
Orono, MN 55356 Crystal Bay, MN 55323-0066
City Planner: ( }Mitt£
Meeting Date/T-im-'e"""':"-'-=----7-r1/~Jqq,...,,//),_S: _ ___,/-/:_2_5_/1/11 ___ _
PC Date: F/JJ. meei/llfJ
Main: 952-249-4600
Fax: 952-249-4616
What is the purpose of a pre-application meeting?
Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create
opportunities or problems for the proposal.
PROPERTY INFORMATION:
Site Address: 211'1 {Mc<2 PT t2-:D
Property Identification Number (PIN):
Zoning District: lR--/0 Size of Property: -----------
DESCRIPTION OF REQUEST:
~Average Setback □ Side Yard Setback
)(Hardcover □ Lot Coverage
□ Other:
□ Rear Yard Setback
□ Lot Area
□ Front Yard Setback
□ Lot Width
Applican~t' .· .. .. HARDSHIP: Applicant has received the Hardship Documentation Form,
Initials: . understands it as it has been explained to them, and is aware that it must ---"'------be completed and submitted in conjunction with their formal variance
application.
OTHER INFORMATION:
*Please note: Your variance application will NOT e accepted without a pre-application
meeting during which this Ll..1-H"n-v.vill b 1-"'11-n-t,j.lC City staff.
EXHIBIT B
Page 1 of 3
HARDSHIP DOCUMENTATION FORM
This form is a required submittal for ALL variance applications. An application
will not be considered complete or placed on any meeting agendas until this form is
complete and submitted to the City.
Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be
demonstrated in order for a variance to be granted. The hardship must be unique to the
property as variances run with the land and not the land owner. Personal and economic
situations are not considered valid hardships. In order for an application to be heard by
the Planning Commission and City Council a hardship having merit must be
demonstrated.
HOW DO I PROVE A HARDSHIP?
This form has 12 points outlining the basis City staff uses to determine if a hardship
exists and how the variance will affect the surrounding community. To prove a hardship,
address all the relevant points listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the
variance is justified. The information the City receives is what is used in determining a
denial or approval recommendation. If you leave something out it will not be considered.
Please address each of these hardship criteria as they relate to the request (some may
not apply):
1.
2.
3.
4.
use if used under
"The plight of the landowner is due to circumstances unique to his property not
created by the landowner."
(_
~tiB!> i iv CA , ~co~s
-~~~-~~
"Economic considerations alone shall not constitute an undue hardship if
nable use for the property exists nder the terms of the Zoning Chapter." ·
.-. ~ . -. \ ¢ . CJ ..
Page 2 of 3
5. "Undue hardship also includes, but is not limited to, inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in
harmony with this Chapter."
rot o~\~~re,,
6. "The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not permitted under this Chapter for property in the zone
where the affected person's land is located."
7. "The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling."
8. "The special conditions applying to the structure or land in question are peculiar
to such property or im ediately adjoinin property."
L-\ . ~ D
9. "The conditions do not apply generally to other land or structures in the district in
which~at~~~sk~ ~~ 41::;:400=re613i~/= ~
10. "The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant." =£:Jt~ f ~v~~'t~, tetk ~~wr4 ) _ ____:___~-----'---·-\c ·:t,5 -r ~--eo-,,,C,,_ ~~ML
m~~ ,
11. "The granting of the proposed variance will not in any way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning c-~~·~0~ ~===t~~==<iJf~
12.
Page 3 of 3
"The granting of such variance will not merely serve as a convenience to the
aP,plicant, but is nt;cessary to alle~!ate demonstrable hP.rdship or. difficu?; 1_ Ett~s~t!!5/t Iv do ~ ~~ =u~'-00 ="?:'/Jt:j!:,??--v~
Hardship Statement
Should you feel the hardship cannot fully be described in the above criteria, describe the
unique hardship, practical difficulty or unusual property conditions preventing compliance
with Zoning Ordinance requirements in the following lines (attach additional sheets if
necessary):
041507 20/117/23 FREESE, ANDY & MARCIA
ADVANCE SURVEYING & ENGINEERING CO.
5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (952) 474 7964 Fax (952) 474 8267
SURVEY FOR: ANDY & MARCIA FREESE
SURVEYED: December 10, 2004 DRAFTED: December 13, 2004
REVISED: December 20, 2004 to update addition.
REVISED: January 25, 2005 to change addition.
REVISED: February 7, 2005 to add average setback line.
LEGAL DESCRIPTION:
Tract K, Registered Land Survey No. 461, Hennepin County, Minnesota.
SCOPE OF WORK:
I. Showing the length and direction of boundary lines of the above
legal description. The
scope of our services does not include determining what you own,
which is a I egal matter.
Please check the legal description with your records or consult with
competent legal counsel,
if necessary, to make sure that it is correct, and that any matters of record,
such as easements, that
you wish shown on the survey, have been shown
2. Showing the location of existing improvements we deemed important.
3. Setting new monuments or verifying old monuments to mark the comers
of the property.
4. Showing and tabulating hard cover and area of the lot for your review
and for the review of
such governmental agencies as may have jurisdiction over hard cover
requirements.
5. While we show proposed improvements to your property, we not
as familiar with your
plans as you are nor are we as familiar with the requirements of
governmental agencies as their
employees are. We suggest that you review the survey to confirm that the
proposals are what you
intend and submit the survey to such governmental agencies as may have
jurisdiction over your
project to gain their approvals if you can.
STANDARD SYMBOLS & CONVENTIONS:
" • " Denotes 1/2" ID pipe with plastic plug bearing State License Number
9235, set, unless otherwise noted.
I hereby certify that this plan, specification, report or survey was prepared by me or
under my direct supervision and that I am a licensed Professional Engineer and
Professional Surveyor under the laws of the State of Minnesota.
~tooo4 j1 6la~a amH. Parker P.E. & P.S. No. 9235
EXHI. re
GRAPHIC SCALE
20 0 10 20 "' ~--L -' ( IN FEET)
----'""-----'-A...,.og,, setback lintt ----34.9
928.
Drw. No. 04150 7
15-250' .. ··•is .. soo'
...---.;.2___,,_· .. ·.•·~=-··.···.·~·~"--•· ~ S;f.
til~< S.F;
.~l;;.,...,i '1 ........ i·•-=a: ...... /2.--,,;:g::::::.-, ••.•. i ....... •.·· $. F,
317
-
r
'-·
D.
'-'•
F.
G.
Ga..~~e
Dr:v~~y
s;c~waI:.t
Pa!iciVe:k
L~C.Scape
Under!ai.~
By Plastic
Other
A
X
X
X
X
TOTAL HARDCOVER-fN ZONc
TOT AL PROPSRTY AREA IN ZONE
B
PROPOSED HARDCOVER IN ZO"'E
A. House _______ x
B. Gar..ge
C. Drive,·vay
D. Ski~"7va1k
,... c. F:lt:c/De~k
f. Landsc=~e
Cr:Ce:-i~i."'l
By Pias:ic
G. c•:.,.~ -... -..
A
I.:ng!.il
X
X
X
X
TOTAL R.~.?CCO'VcR IN ZOI-;"E
TOTAL ?:ZO?ERTY A.~~ IN ZONE
B
{§).
' .
=
=
=
X 100
=
=
=
=
=
X 100 =
' -----------~ ...
----------,:::._-. ----------:::::,_--.
----------::.:: .
;}-:t,_J_ ____ ._,,_-_, ___ s_-= _
________ ,_ ... s_=_
---~~·_SJ' ___ ;, ______ S.:.
--------S.?.
_____ ....,;..,_...,. __ s_-=_
S.?.
S.F.
c::--.r.
S.F.
S.F.
s.r:-
%
___ Z:;._.Y_Z ___ 3 ___ S.F.
--------S:F. __________ S.F.
__________ s.·F.
_________ S.F.
S.F.
S .. F. ----------
S .. F.
c:: -
-----------1:-
----------c:: --.r.
----------S .. F.
_______ S.F.
________ S.r.
S.f. ----------
S.F.
11r1~ _. S.F.
rY1'!:~ ~ ......
-t.# 21 ~/a
A
B
.. n
....
EXHIBITE
1.'
.. · . ~:.._: .. -.. --
--~--------·-
~ 2..
~·.
J
.
'
"-
I·
j
\
\
'
t I
I
-"<-I --------~--·-
!
h
~\
. -;
'c-. ~ --~--,..,. . . .
' · .. :
..
' --;' J'
"
<>I 11!. 4
i
I
/
"!)_
l
ii
t\'>1 ~;
J_j ~~
o:.)"'Vo.~
'
___ J ,.-
. :.I. --"--··
I
t-·:;?'-=:5 --},<
·-··-~-. -
I
, I --4--·
I
' I
!
•:) I '" I
j_
i
.,Z·,b
,,"?-,L"2.
l.
!
I . ----'k--· .i:-,f.l. ----'j-
-. . .,p,o.,'iz
I I
,t-,n --·-r·-~-~·
. I . -----/ . --,, ------·--·-··-··----··-·--·-···• ··-+·-----
·-,,f-·
I
f'.
'
I I
I I
------------~-~
~ i ,a.
~ ..
-a ---
"' I
t ~
l
.l ______ :__1_,_1_ i1J L_. ____ .__ .. _ .•.
.!!__ -·t-1-___ '.' -
,."?-,'ZI ·---i
' ----t
.. ii-,21
;
' 1teo'-~->-.r?""J,,,. .. ? ---~-==·-·,-::::::.·
·,
~-j • -;;,_j
'1+ ! . ~i:
ii
--,
. ··-·,
i
--------·-· ·-· ........ ·-··-----·--· ·------·-------·-·--· --· . ·-·-·-·-----•··-···
r-: -
T
1---
/
~.:.... ___ _
~--· •'
.,l-,"iz
.::7·•,.!.-z:_"
----------·····---
···';.-··
I LJ.
1
_c;,,-•.?.s
~·--
·;_~
i i -i---,-··---·
--r·~·
.f: ..
_,.., f.'2
EXHIBITG
I
> · .. -. '1 Ii'-
11,
I I
t\r
i)l lii t
\
·,'
:9
·1
'"
t. :·-,, \
\! ,,
i
I /1 ~-/ I
/
I /:
---i::.r
I
I
i: s
()
cf)
(------.,
\-....../
• .-.J :; \~/1
i
I
i
!
' i
I~\ : \-,, ..... ___ _
'1
L
I
_, ~
' ' i
I
I
i
i Oj ~ j
~ ti\! ti
' i
I l
_ -Li
I l
II
EXHIBITH
. l
)
,. _____ ,. .
. · '"--==l:i .
. i
I
I
I
' -•• .,_ L
,.,,-·-..
f . . ~
/.----,
I I ' .
I I
--_r;
~.\
I --,,
!
-----7..1
I! I I
--'-"----_.,-·:-.__ ------l)
i
---f {
I --7--1
'
' jJJ,,===::::::=.i-·---;..I.
----·-··-·--·---·· ------··---~---··-
EXHIBIT I
-ii 1· " ~
[I j ,.
-~ 11 HJ J
JI ti!}
Jff ! ~I \
11
IF~~ .. ------
-+t---··
)I
11
1'
I I ,, I I
I I ~~a .... -· .. , .. -i1 hr=~· .. 3 =,i: __ ~4 ,T ,-·,-r~-
, ..k '"'"' ,:,,u ·-.a... .. ~...,_,,.;:: -~J.._.._, __ 1_1 ....
f ii 1..J
i Ii
/_3
\.~
,,
~:
I I ~-
t.J.;
~'
I
I
------~!
' I
J~
~ I
J i Ji
T····· ·. : ·. ·. ~-
'f , .
r.
-1-i
~-
7·
,-··
f ~· lAdvantacie I aPolnt.
I t'A,oup
Feb 4, 2005
Scott Schneider
945 Forest Arms Lane
Mound, Minnesota 55364
Ph. 952-270-6434
EXHIBIT J
Advantage Point Group, Inc.
Engineering & Architectural Consulting Services
Re: Existing footing and Soil bearing capacity study
Andrew and Marcia Freese Residence
2914 Casco Point Rd
Orono, Minnesota 55391
Ph. P52-471-1287
Dear Scott,
As per your request we have completed the attached 8 pages of details and structural calculation
to determine the adequacy of existing footing load bearing capacity.
On Thur. Feb 3, we visited the house together with you and found no obvious soil settlement and
large cracks on walls and slab on grade. It is our best engineering judgment that the existing
8"x16" and 8"x20" continuous footings can support the proposed second floor addition as shown
on your drawings dated Jan 19, 2005.
Page 1 of our report shows the maximum soil bearing of 1,720 psf on 8"xl6" footing along line
B. We consider this bearing amount relatively low and requires no actual soil boring
investigation at this time. We however would strongly recommend a geotechnical engineer to
visit the site during actual construction time to verify and confirm our stated opinion in this
paragraph.
It should be noted that we are not involved in the wood framing structural analysis.
Please do not hesitate to call us (651-638-9143) if you have any questions.
Regards,
~ai~-
PE Structural Engineer
PROFESSIONAL ENGINEER
I hereby certify that this plan. specification, or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Professional
Engineer under the laws of the State of Minnesota.
p. ~int Name~ENTSAI ±·
Signature·~~
Oale-----Lloense#...,95..,.7 ... 4 ___ _
2523 Wabash Avenue, St. Paul, Minnesota 55114
Office: 651/645-8576 Fax: 651/645-5237
Advantage Point Group consists of Advantage Point Group, Inc. and The Auditing Advantage, Inc.
An Equal Opportunity Employer
EXHIBITK
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_6_3_0 ___ _
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2
FILE 11375
WHEREAS, David Price (hereinafter "the applicant") is
the owner of the property located at 2914 Casco Point Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Tract K, Registered Land Survey No. 461, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.22, Subdivisions 1 &
2 to permit the construction of a two-story addition to the
existing house, which construction results in hardcover in the
75-250' lakeshore setback zone in excess of the 25% hardcover
normally allowed in that zone and which construction results in a
12' encroachment past the average lakeshore setback line where no
encroachment is normally al lowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1375.
2. The property is located in the LR-lC Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on February 21, 1989 and tabled the application for further
revision by applicant. A revised application was
subsequently submitted by the applicant and reviewed by the
Planning Commission on April 17, 1989, and the Planning
Commission recommended approval of the revised variance
proposal, based upon the following findings:
A) Existing hardcover on the property is 27.6%. The
revised proposal eliminates a portion of existing patio
hardcover in the 75-250' zone, resulting in a net
decrease to 27.3% hardcover in that zone. Existing and
proposed hardcover in the 0-75' zone is 2.1%.
Pagel of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2630
B) The existing house encroaches 18' past the defined
average lakeshore setback line. The proposed two-story
addition only encroaches 12' past the average lakeshore
setback line, and is located such that only minor views
across applicant's property toward a lagoon area of
Lake Minnetonka will slightly be diminished. The
Planning Commission finds that these views enjoyed by
the neighboring property are not diminished and that
neighboring property still has full view of the main
body of the lake. Furthermore, the neighboring
property owner has not expressed an objection to the
proposed addition.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a
co,nvenience to-the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one o:t'.-more of the findings noted above, the
Orono City Council hereby grants a variance to the Municipal
Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the
construction of a two-story addition resulting in hardcover in
the 75-250' zone of 27.34% where only 25% hardcover is normally
allowed, and allowing a 12' encroachment past the defined average
lakeshore setback line where no encroachment is normally allowed,
subject to the following conditions:
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_6_3_0 ___ _
1. Applicant shal 1 remove the portion of existing patio as
shown on Exhibit A, attached hereto. Hardcover on the
property in the 75-250' zone shall be limited as follows:
(75-250' zone total area= 12,400 s.f.)
Existing House
Proposed Addition
Attached Garage
Driveway
Sidewalk
Remaining Patio
1,051 s.f.
499 s.f.
637 s.f.
931 s.f.
120 s.f.
152 s.f.
3,390 s.f. (27.34%)
The applicant is advised that no future hardcover will be
permitted on this property, however, any future proposal to
increase hardcover on the property might be approved only in
conjunction with concurrent removals of existing hardcover,
resulting in no net increase of hardcover on the property.
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit
within one year of the date of Council approval, or this
variance will expire on that date (May 8, 1990).
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this reso 1 ution in the chain of tit le of
the property.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2630
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 8th day of May, 1989.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of May, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Notary
Page 4 of 5
City of ORONO
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I On this
before me a No
ss.
appeared . ,
RESOLUTION OF THE CITY COUNCIL
NO. 2630
day of _M ___ A __ 'i ________ , 19 8 ..9
within and for said county, personally
the person(s) described in and
instrument, and acknowledged that
his {their) free act and deed.
known to me to be
who executed the foregoing
he (they) executed the same as
MY COMMISSION EXPIRES
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
On this / I -I/~ day of {Vt?{A'.l , 19{J, before me
a Notar Pu-bl.ic .w'thin and for said(/County, persona:i/ly appeared !Vltrr21 <JW\iL . (2/l[ known to me to be the
persoh(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
{their) free act and deed.
MY COMMISSION EXPIRES . ' '•· A
Page 5 of 5
bHtSlt A •··.
}eeot-v.-rto/J /Jo. ;!!:.(,,, '3:.0
..... , -•·:··•·-·.
i i '
✓
O>
00
0
0
<..0.U> .=,...;,.
.P,.(J)
000 ,.....__,.....__
\
;H.4&0 51'54"E. .
. \14.0S-.
T
\
' I
I
' '
EXHIBITL
_;of l0.66
r "'f ·--r°""'~c:;,~~~~ cf) ,n
~~
_t;
l/1
10.70
' I
I
f
I
~ "~ <---._ =
Shoreline as per R. L. S. No. 4-{;l
_,,, ....... _,... __ _
' ,
J
LEGAL DESCRIPTION:
Tract K, Registered Land Survey Number 461, Hennepin County,
Minnesota.
LEGAL DESCRIPTION SOURCE:
We have surveyed the above described property which the client claims to own or appears to own from various
government records. We make no representation that the client does in fact own the property nor that a
search of the records has been made to determine the extent and nature of his holdings. If there is any
doubt concerning the accuracy of the legal description, competent legal counsel should be retained to
perform a title search and issue a title opinion for our use in preparing the survey.
EASEMENTS:
We show only those easements which the client informs us of or which we happen to become aware of through
other sources. The survey does not purport to show all easements and improvements.
STANDARD SYMBOLS AND CONVENTIONS:
"o" Denotes 1/2" ID pipe with plastic plug hearing State License Number 10535 set, if "o" is filled in,
then denotes found iron monument.
HARDCOVER CALCULATION:
0 -75 Zone 75-250 Zone 250+ Zone
House & Garage
(including eves) 0 ~2.,l 0
Driveway 0 ~q I 0
Concrete Patio 0 0015 0
That part of concrete 0 ~ 0 0
walk not covered by
eves
That part of proposed 0 ~132-0
addition not included
in the concrete patio
above.
Boat Canopy 286 0 0
Total Hardcover 286 ~3, D 0
Area of Zone 13,900 12,400 120
~ Hardcover 2.1 9,-7"1. 4 %-0 ~ 0 0 0
CERTIFICATION:
I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly
Registered Land Surveyor under the Laws of the State of Minnesota.
Samuel G. Parker, R.L.S. No. 10535
I
Mr. Michael Gaffron
City of Orono
P. 0. Box 66
Crystal Bay, MN 55323
EXHIBITN
RIC HARD J. HAEFELE
ATTORNEY AT LAW
1059 STOUGHTON AVENUE
P.O. BOX85
CHASKA , MINNESOTA 55318
TELEPHONE (952) 448-2200
FACSIMILE (952) 448-7187
October 2 5, 2004
ffllR-J..l_.
Re: Andy~ Property
Dear Building Commission :
--;;7flc7__,(5)t is our understanding that the permit to remodel the
~home is experiencing a procedural delay due to an existing
building variance of some sort. The Powells and I are the
adjoining landowners to the tract in question and have been for
over thirty years.
We would like to e x press our support for the building
remodeling project and indicate our willingness to consent to
an y necessary arrangement t o allow th e project to move ahead
without dela y .
ru '· ~··.
Sincerely,
., ~ .· ..
Lo u Ann Powell
..
. •j
RUN DATE : 1/19/2005
38 2011723310031
PROP ADDR 2914 CASCO POINT RD
OWNER NAME A FREESE & M FREESE
TAXPAYER ANDREW & MARCIA FREESE
NAME/ADDR 2914 CASCO POINT RD
WAYZATAMN 55391
38 2011723310041
PROP ADDR 3630 CASCO A VE
OWNER NAME PETER M GRAFFUNDER
TAXPAYER PETER M GRAFFUNDER
NAME/ ADDR 3630 CASCO A VE
WAYZATA MN 55391
38 2011723310072
PROP ADDR 2912 CASCO POINT RD
OWNER NAME M D BARRETT & D M BARRETT
TAXPAYER MICHAEL D BARRETT
NAME/ADDR 2912 CASCO POINT RD
WAYZATA MN 55391
38 2011723420006
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME HENNEPIN FORFEITED LAND
TAXPAYER HENNEPIN FORFEITED LAND
NAME/ADDR NOTFORSALE/UNDER WATER IN
LAKEMTKA
t_
\
I
('
I
~ ·•:-:,
""]
~1
. \
·J
, ' ' \
' ' } _,
•· . ...::l
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723310032 38 2011723310033
PROPADDR 2916 CASCO POINT RD PROPADDR 2920 CASCO POINT RD
OWNER NAME ROBERT H POWELL JR ETAL OWNER NAME P R & FD PICHELMAN
TAXPAYER ROBERT H POWELL JR TAXPAYER FRANK D PICHELMAN
NAME/ADDR 2916 CASCO POINT ROAD NAME/ADDR 2920 CASCO POINT RD
WAYZATAMN 55391 WAYZATAMN 55391
38 2011723310042 38 2011723310043
PROPADDR 3600 CASCO A VE PROP ADDR 3650 CASCO A VE
OWNER NAME RICHARD J HAEFELE OWNER NAME M T & A M GERSOVITZ
TAXPAYER RICHARD HAEFELE TAXPAYER MITCHELL T/ASTA M GERSOVITZ
NAME/ADDR 3600 CASCO A VENUE NAME/ADDR 3650 CASCO A VE
WAYZATAMN 55391 WAYZATAMN 55391
38 2011723310073 38 2011723420003
PROPADDR 29 I 8 CASCO POINT RD PROP ADDR 38 ADDRESS UNASSIGNED
OWNERNAME THMATTHEWS&MTMATTHEWS OWNER NAME S L KAPLAN ET AL TRUSTEES
TAXPAYER TRACI H & MICHAEL T MATTHEWS TAXPAYER JAMES W LUPIENT
NAME/ADDR 2918 CASCO POINT RD NAME/ADDR 750 PENNSYLVANIA A VE S
WAYZATAMN 55391 GOLDEN VALLEY MN 55426
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS
OF THE HENNEPIN COUNTY TAXPAYER SER;VICES DEPARTM~O WEB
OFMY KNOWLEDGE AND BELIEF. t/f c:;
1
/45 (',.-,
DATE ( BY I ('('(V ~~ ' --I J ,_ I
PAGE: 1
~
~ cc
~
~
0
Hennepin County
Taxpayer Services Department
' '
C/)
-....J '>,1 , Q::-
6'6'',
·9 ',
' ' ' ' ' '
, ,
~,'
~-,' ~,,
,
, , ,
, ,
A
' '"' 'co
'<O
(5)
\~
'
, ,
•!<:> ,<ti ,~· ,q; ,,._
B
(6)
--~-14±
' ',?-
4±..,.,~
,
' ' ' ' ,'~
1
(1 )
' ' ' ' ' ',,\ ,,.._ _____ ,. /gf 1
:'" (3 4) ,, ' ~ ~~ 0 ~~'1,·
73 l'.,?3 (j ~-·· ...
Parcel Information
Parcel ID 2011723310031
House Number 2914
Street Name CASCO POINT RD
This is not a legally recorded map. It represe1(s a compilation of information
and data from City, County, and State road a4th/J_Tities and other sources.
c: . ,-J
f:) -:~; \J_-· .9
~--...-'••
1
2
(35)
(1
~fl ~ Bonestroo
9 Rosene
"1\11 Anderlil<&
1 \j 1 Associates
Engineers & Architects
February 16, 2005
Ms. Janice Gundlach
Planner
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
23 Vest Highway 36 • St. Paul, MN 55113
Offic e: 651-636-4600 • Fa x : 651 -636-1311
www.bon estroo.com
Re: 2914CascoPointRoad
File No. 139 -05-000
Plat No. 05-3087
Dear Janice:
REC EIVE D
FEB l 7 20 05
CITY OF ORONO
We have reviewed the site plans for the proposed improvements to 2914 Casco Point Road. The plans include
improvements to the second story of the home and some minor site grading. We have the following comments
with regards to engineering matters:
• The overall plan appears to be acceptable. We recommend that the 940 contour shown south and west
of the home be graded to define the side yard swale and direct water to the lake and away from the
property to the west.
• Storm sewer and sanitary sewers are located within the property boundaries. The city should review
existing storm and sanitary sewer easements across the property. If easements do not currently
encompass the existing storm and sanitary sewers on the property the city should work with the
applicant to acquire the necessary easements.
• Final house plans should include gutters and downspouts that direct roof drainage to the side yard
swales.
• All erosion control measures should be installed, inspected and approved by city staff prior to any
work on site .
If you have any questions please call me at ( 651) 604-4863.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC .
~0~
Tom Kellogg
Cc: Greg Gappa, City of Orono
Bruce Vang , City of Orono
• St . Pa ul, St . Cloud , Roc h es t e r, Willm a r, MN • Milwaul<e e , WI • Chicago , IL
Affirm a t ive Action /Equ a l Opportunity Employe r and Employee Owned
-~vantau1e Ll oln-t
roup
Feb 4, 2005
Scott Schneider
945 Forest Arms Lane
Mound, Minnesota 55364
Ph. 952-270-6434
Advantage Point Group, Inc.
Engineering & Architectural Consulting Services
Re: Existing footing and Soil bearing capacity study
Andrew and Marcia Freese Residence
2914 Casco Point Rd
Orono, Minnesota 55391
Ph. P52-471-1287
Dear Scott,
As per your request we have completed the attached 8 pages of details and structural calculation
to determine the adequacy of existing footing load bearing capacity.
On Thur. Feb 3, we visited the house together with you and found no obvious soil settlement and
large cracks on walls and slab on grade. It is our best engineering judgment that the existing
8"x16" and 8"x20" continuous footings can support the proposed second floor addition as shown
on your drawings dated Jan 19, 2005.
Page 1 of our report shows the maximum soil bearing of 1,720 psf on 8"x16" footing along line
B. We consider this bearing amount relatively low and requires no actual soil boring
investigation at this time . We however would strongly recommend a geotechnical engineer to
visit the site during actual construction time to verify and confirm our stated opinion in this
paragraph.
It should be noted that we are not involved in the wood framing structural analysis .
Please do not hesitate to call us (651-638-9143) if you have any questions.
Regards,
~.fu
PE Structural Engineer
PROFESSIONAL ENGINEER
I hereby certify that this plan, specification , or
report was prepared by me or under my direct
supervision and that I am a duly Licensed Professlonal
Engineer under the laws of the State of Minnesota.
Print NamP~ENTSAI ±·
S'~natUf8 ~~
Oate-----Lloense#~9111,j57 ... 4-----
2523 Wabash Avenue, St. Paul, Minnesota 55114
Office: 651/645-8576 Fax: 651/645-5237
Advantage Point Group consists of Advantage Point Group, Inc. and The Auditing Advantage, Inc.
An Equal Opportunity Employer
·~.
(
i'
(
SCALe
;
: __ • #. •·••-r--t-~---.. ~·-··-~
. ----. ..! --: L ....... -~ ;
; . . .
·,
I
.-+--+-:&--\-+--+-1---+---+r--Et:'."'""T"-+---l-t-----i--,....,...+~---,l---+--P-~....:+;;..;;...+.;...,;,.,-ii--,+.--+--+--+---f--l
:
I
I
(\
( .
C
I
~
'
~ ' . !
I
l--
RC CONSULTANTS. ·
~s 8A-Y /
i
-u,<tl-G" t-41 I\IN e:-roNl!A-st
s-
-----~a...--~E:, .--0,
iZ.'f.4 ColJ@lJTL. lAN-e
---
: ..
·• C.O~.-D~lff; · · ...
. _···:.~·· .. ·:::_:.-.. · ..
. · ...
~~=-AlZCH-ttrC R;SrL
PES6N f PrarWf~s
BY "S Ct>t+ 5 a+/'EiP.£g .
q5-2-2'1'.,-b~ .
~iN6 t?ttW .01-,q-~
(
{' i '
R~ ~QN~lJt. TANTS ·
~:. . ,; .. ::· .. ;-':·, ,•. .
7.5Z3~ EnJf;/HJts ~
Bus: Mi> 645-8578 Fax: ,., 64S-52:t7
! I ti
I --------
::.•.
---·
. -· . :--
I
I
I
l
J..~~~~ l I
'
i ·~~.,~ . .
·~
('
,--
' '---·
l
!
;
L
!
';
RC CONSULTANTS
~~ ~=I
Bus: Mi> 645-8576 Fax: • 646-52~7
21!_cJ'
! .
[
!
i
,_·
' ·-I
.-
SCALE:
j ~~~~~~~--==ih:~=~~~--:-l'-1~~~
'
.-'
' ·-
I ! -,-----,---,-~: i
' .
----------·-
I
'j
I
I
I
-I
------------,-------
, ..... -.-
1 I
I ·' I I
-j ! I
·t
I J .
I I, ~ . l . . I I ·.• .f .
-1 ·-11.
I .. I_ .
I 1...-===··· =-.._,j,"""""""'==I=== ...... '/I ~">~z. . ..
I
I
I
·I
:,
I )
I
· ·I , I
.. l I
I : I
. I I
i . I
·I
I
: I
. I
. I
I
I f.-+--,..;.._..,---1..+---~--~ -~~~= !::} I . f
I --..r1-,;a ~~· I
. I·• r , ....
·-----' ---' .,_ : __ ·--, ! ------·· i ___ ! _____ : ___ _;__i __ ,:._____._!___:....! __._I .J.i__i...1 ----'--' _;,.l---1..I _j_! ......!.l_,1_! _J__I ~'~' __,___
' ,.._
I
RC CONSULTAN'1 S .
. . . ") ·-~-/:." . . . . '
./wf:'!!fi_f.N.JfnJJJneers
-fU4'1.·P.ifci("11Jt;,"v• -~ ,-Hv, po&.-'{ ·
-Y·l ~p-,11M &ti,
-Yi,'' pi,y~oi,r, -;tlmnflt,}br' --r(,~~""
-C,~~ ~,01.l6r
I~~ I-.
:_ .......
. : i
.,: I
·I .
::I
I•
·/.· .....
. -~ y
,·
,, i
I ti!
; I . '
111=!:=~IIR' ' .:·
I.
,(
(
RC CONSULTAN'~ j ~l_"~,;,'. . . . . .
I'
. . ,I
.....
' I
' . . •'• ..
, ...
• ....
l--
1 ~4
~-1==::::::~-
' ·.7 --· I
J
l
l;:j
•. ~·
.i .,.. ' ..
·. ··r
··l. lj ..
· 11·. 11· .. I r, .
: ' l ·It·. .. )l .
,· r1: .. ··&i, . I . ..
' ' '·
----··--·----------··-··-----·-·-··---
.. ..
" •• :,t
~
•• ,...,.
( t
!i
i . --------------·--·. __ ......:_
--~: .
. -.. :·
RC CONSULTANTS
,--
' '--·
,-
!-
;
i
L
!
!
t
L
I
;
I ,_
I
--
' I
,-'
' ·-
' ; 1 ~ I~ ~--_;,.'-' ~------/
21!..~'
/ I !
: i l ' /
---~----·-
CHECJ<EDBY: DATE:
SCALE:
'
'j
I
I
I
I
~ t ,·· .,,,
f -
('
(
f
\
~; <'. ~
.. ~... ~ 'I.",
----·-·------,-------
1..----
1 I
I ·' I
. ! I I
·t
I J .
l, ~ . f I
. ' I I . . (
_, .. J.
. I I ....
I ,,.......-,~· =-=---i~=1===.....-11 71' C)':>~2. ·-·
I
I
I
·I
.,
I
I r . . , .....
J
I.
F1<1=~1.,·-t!~~~tE. . . <:-Ez~::;.L< . · .. • • .. _"./,. w···,:;~ . ·••, L"tf-r, c~-·a;,\'·'-",~":',_, .
.,.:;,.,_• ... -~·,. ·.-..;-.:.,··C•· :,,:,.. . .I . "' ~ I Vi o<•r•~--~'~-•---. -----·-··-...... ---·
. ·I
.I
I
l,
If l
ii · I
I
I
j . I -~--
I
C}I
,.
---------··----. ____ ! ---· ___ _l ___ ~------__ :..____;_,____:_~_L, ---1-i _LI ~'__..!.,.' ____i_j __J!L.,.._J_l _.L...I -1-f _.:.1_.J..f __,____,
,,
:
' :-1
~ t
I r u
·-
1~
! ..s : ; .... ,
i ::::
[..j '
I
' I I.
I ~-
;
!-
' '--I
... -'
t
i ' '9 ,-,
\l"
RC CONSULTAN'a~
_,wf:!i'iPJ-!1111.ineets
-IZ,.l'\' P.l<f('"' l~"V•
-I# ,-t iv, poa..'{ ·
-Y·l 6f1tp?IIM &'1,
--Yi, 11 pi,-/v!o1'i> ~llfPC'BIINbc' ~-re,~~ ...,
_ e,~~ ~u>1.J6r
~
~ " .Q
~
J
~
. ·:,• .....
" , ·.:11
' '
' ,
: . ~ ....
. ·. i
I
•,,·•
-11.---di j
· 1:: ·.:·,·
I,
I,
.. •, ' ~,
.,.. . ., ..
t '
./ t-
\ (\·
(
r
,,m-+_ +-*-"l
: ..... , ....
'' ,1
-' l
I
I
•., ..
:--1-1t4 ~-'f==::::::::::-~■
' ·.7 _ .. _.
I
.J
. I ,' '.'•
. l;:i ..
,.
·j,, ' .• ••
..
~.· !
-;.. --
. ...
\I
·-1\)
._ :~ ..
RC .C.QNSUl. TANTS .
. . ,• . ~· i ·'.; ..
. F/<l=f:...i= Rl=Str:ENCJ=. · :'.:?~'?",::~;;:::.·
P~OJE<;;:rNO. t)RtJMO, MN · R<;cNa · .. ·. ·.~Lt·~~.:},::,,
.(\
c~~eers
~ie:
Bus: ~) 645-8576 Fax_ cifl, 645-52:t7
CHECKEDBY:
SCALE:
·······1 -··
i ! ·---~--t--
: r
,+-i
: I
: I
\ '
I '-; I ~--:.1-..J-.....--
. '
i ___ ! -~._L
~----;---r----~-----,--
s ,. S 1--1% =-47-,
--t-lo()
f-~o
t 72-
-t-/0~
191 t -
lo~%
\l ql
0 ~ 'I 1/1 ~ 1ia1o (.1{10)--
/1Dl>
-40 /o UM.f ·cwt ~UU'
-10 ~V\IVV ~
/Di,
1 ,,
I
I
t
I ===±:' =;i -=~~==i ========t
I
I
_ _ (::?{.rt/2.tO~~O~ ~~m., ("s~ji-t--.JV ~-: -4 _ __ s'f,,s' '.X sv,o'::: ~~~ ~.£~ _ _
--------
--~ .:=-~3 . ~ ~/,~ -'3--2~ -
B =-3°1 , r x I 3 , ~ -533 -~
C ---45>< 18,3 -0 -
D ~ ~o ~::?_.!._o ~ ,~
·€'7: ~ c) ~ ~ ~C)
;;.. il
--__ p.:; / 2.S->( :s Ls--6__J_ -
& -IS-;.... ..::S:-'70 ~ ~-h --0
ti: ~ ox: s-O -JS -
-_::£ ~ s-~ C) )C s ._ l) -LS -
S :::-,z_ >< .s -_&>.
4-ttic ;-r,1x5 ro -::,.. 37 + l ~D ~ Jl1) ___ .
--------
! ---
I ---
-------------
1 -----C--------'-------
,I ------
;'
-e ·····----+--
i{p E:.X-(,
Al),1
'lllll,..,,. __ _
,-----·-· --
1-,
j
. · .•. ;"""'-!!Ii; ...
I I -+-1---·----+ . -v· flI-l(·. i.11-'(.:J/ .. ,J 1i .:\.
I;. . .' . L/'
------·-····-··-·-£· tzoop 1,-11'-.1'3:~·-"'Y-.... -----·--------·-•·· .. --· ............... ,. ...... __________ ......... __ ....J.
----~ .. ----·r ........ ..
,i'
'f!J
.<
.. ______ ,._. ··---~--~--f-·-····
r
i
i
--· :------~
............... , .. -.
IZ-' ·1_,.-
1
•
. .. , ..
I
I
I
-l
Llt Tr::
~ fvO O jZ----fl'; !2Af1 f.:.il--·-t-
y[ /'(U.,, l~"lG(U--r ·· S '·o" ~:
"-J,
'" '1 . .... '., ~.
~ .......
12@2t!Wt:L~J .;..
C-A'2-'j)~'f .
3.9. .. ~'
·-. \ /
',~ .
·----'---·---~--------·
,-:-'f l f-.. Lk• 1., Ir If:: · ✓/
/_1 . (>-'' I
'! ~.·
'\'1J..
:j VJ
" H
II
;~I, ~
r/.,o0i?---1b {21f;£:/7..-;11.
f-/E.16rWf -:/ r/
.;..
i
J
.--✓
'·:::::,,rr.,~ :'?~r~~
} ........ M..OOP-'i"D
i . -----+--···--··.
~'Pf"E:-lL vJALL.
1\t:~-'5'-o".
;,.... '_,'I!''
-·--t
I
)
I ;{
I
1,
l
i _,. .·; .,. ; t"'Y-1
i /.. •• , I_\: •'/.
. ··;f/l I l.'
.,(
t
/
Affidavit of Publica1.1an
state of Minnesota, County of Hennepin.
Keith P. Anderson, 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 req~i:e
ments constituting qualificatio~s as a qualtf1ed
newspaper as provided by Minnesota Statute
331A.02, 331A.07, and other applicable laws, as
amended.
B.) The printed_:_C::it~y-=o:.-f 0-=---ro_n_o_-------
(9) Notice land use applications
which is attached was cut from the colur:nns of said
newspaper, and was printed and pubh_shed one~
each week for 1 _____ successive weeks.
It was first published Saturday,
12 d f February 20 05
:;d was th~~e~fter printed and published every
Saturday, to and including Saturday,
12 February 20 05
the __ day of ---
/ / W~ µz Authorized Agent
MARIETTA A. STRAUS
NDTARYPUBLIC•MINNESOTA
CARVER eoutn't tttCDMMISSION EXPIRES ~10
Subscribed and sworn to me on this
~ day of February , 20--=0=5 __ _
I __;.,/ {)_'1/ l..k-8 y:. _ _.!.i o/ufi'£b.'Ct,~!\,U£~/,~1tL1::.-{· ,..;.---· -<=4&?4~-'/!_~i,e:--'.1.,f/.-_t-t.-;::'J.--,-=-::
Notary Public
Rate Information
(1) Lowest classified rate ~aid by commercial users for com•
parable space: $15.50 per inch . ,
(2) Maximum rate allowed by law for above matter. $1_5 .50.
(3) Rate actually charged for above matter: $7 .80 per inch.
Each additional successive week: $5 .40.
LEGAL NOTICE · · · ,Arm Drive , RR. -1 B zoning : districi, Point Road ,_ LR -1.C zoning di
• :CIT:Y OF ORONO' ·requests a _conditionaluse .pemilt in older tci requests a hardcover variance to ~
· 2750 Kelley Parkway, -place approximately 6,000 cubic yards of 1111 29,% hardcover within the 75'-250'
· _ _ P.O. Bo~ _66 _. : -. on site which will ultimately relocate the _ _ When 25% is normally allowed, 31-%
Crystal Bay, MN ·55323 existing 13th green to the south · approxi-· -rently · exists and. _.27% was . previ,
Pho'n~ (952) 249.·'4600 mately 50 feet · · · · . approved, and an average lakeshore
Fa~_ (:~5~) 21~;46},6 · 5. #05-3083 C_ity of Orono, requests a , · back variance to permit construction ,
Community Managemen_t P.lan amendment additional story above the.existing foot
. ·NOTIOE _ . . -in _ order to expand the City's 2020 -1 o .. #05-3088 Michael Kuruvilla,
_ The Planning Con:mi.i~sion wil_l ~old Metropolitan Urban Ser,ilce' Area (MUSA) · "West Wayzata Boulevard, RR -1 B zc
public hearings in th·e Oron·o . Council · Boundary to includ~ the property located at . .'dlstrict;requests.a conditional use perr
Chambers at 2780 -Kelley Parkway on 25 Bro\,\'.n Ro.ad South , ·and an · properties order to operate a Montessori School c
Tuesday, February 22," 2005, beginning at" located . within the plat of "Myrtlewood" -In. • ble of serving 69 children_ includin£
·6:00 p.m. on the matter .of reviewing the fol-Section 36 l'ownship 118 Range 23. ,This infants and .40 toddlers ranging in age<
lowiAg land us_e applications :.• expansion of th.e MUSA would _allow for ·.months to .6 years old out of the exi:
1. #05-307_0 Jerry Boldenow; 70 North eventual provision of municipal sewer to the .Cornerstone New Testament Church b
Shore Drive West, ljlR -'-1 B zoning district, subject properties. · . -. Ing. . ·
·requests a'conditiorial use perinil'lo allow a . 6. #05-3084 James and Patricia Olson, All persons wishing to tie tieard
non-rental guest apartment ali6ve the exist-, ·4350 Bayside Road,_ RR -1 A zoning dis-encouraged to attend this meeting.' Th
ing attached -garage. · · · trict, reques\ a· f.ront yard setback variance , not a final agenda and is subject to cha
:2 . #05-3074 · Sean and ·Melissa to permit a front yard· setback of-72' when prior to the hearing. Writte9 comments
Wamtiold, 1-379•P~rk Dr,lve;Jt.R-1 B zoning 100' Is normally required and 77' currently · ·accepted and should be submitted to
district, request-an ,after-the-fact conditional exists In order to construct 2· additional City of Orono by ·February.16, 2005 n i
use permit and variance to permit a series stalls to the existing single stall attached sible. Plans are available for review in
of retaining walls and associated _grading · garage. · · · . . City Offices and all interested · persons
. · within 75'·of the lake an_d a,lso ,a hardcover · 7. #05-3085 Juiie Kresllns on behal( of encouraged to contact .the City for fun
· -variance 'within the 75'-' 250' zone to permit Jul Ann Hair Fashions and building owner information. For.an appointment, please
31 % hardcover . when _:25o/~ :is normally _· Aleck .O. Overson, 3455 · Shoreline Drive, B (952) 249-4600 . '
allowed .. , : · · · , .. ,'.'__ · · ·-1 zoning district, requests a commercial
· 3 .#05'.3078 'Gary ' · and Lynn site plan review In order to operate a beau-: City of Orono _ ·
Christens.en, 3560 IVy Place, LR -1 C zon-ty · shop/hair salon out of an existing lower · By : Planning Commission
ing distrlc_t, request a lak,e·1set,ti.~ck variance level vacant space located at the rear of the
. to permit a lake setback 61 40' When 75'· is building . · .-· Michael P. Gaffron , Planning Director
normally required and 40' currently exists, 8. "#05-3086 Philip and Cassandra
0-75' and 75'-250' hardq:>ver variances and Ordway, 1145 Sixth Avenue Nort~. LR -1 A . · Posted at: Orono City Offices
a side setback variance t(). per_mit a side set-zoning district, request a top of bluff setback Crystal Bay Post Office
back of 8' when 1 O' is required and 8' cur-variance in order to construct a new resi-Long Lake Post Office
rently exists in order to construct a second dence encrqaching the required 30'-top of Navarre Post Office
story over the existing footpririt. -bluff setback, .
4. /105-3082 Ame$ Constructi.on on · · 9. #05-3087 Scott Schneider on behalf
behalf of Lakeview Golf Course, 405 North · ·,of Andrew and Marcia Freese, 2914 Casco
(Published in The Laker and The Piom
on February 12, 2005.)
Affidavit of Publi\,;dtion
State of Minnesota, County of Hennepin .
Keith P. Anderson, being duly sworn.on oath says
that he is an authorized agent and employee of the
publisher of the newspaper known as THE PIO
NEER, Mound, Minnesota, and has full knowledge
of the facts which are stated below:
A.)The newspaper has complied with all the req~i .re
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331A.02, 33IA.07, and other applicable laws, as
amended .
B.) The printed City of Orono --
(9) Land use applications
which is attached was cut from the columns of said
newspaper, and was printed and publi~hed once
each week for 1 successive weeks:
It was first published Saturday,
the 12 day of February 20 05
and was thereafter printed and published every
Saturday, to and including Saturday,
12 February 20 05 the __ day of ___ ,
/,,!~. ~ Authorized Agent
~"'-'"" ,,:..·":~"-•<# P I 4 I ...
, ~-: , UARIETTA A. STRAU
;. ('. · .. ::;5t \ · ""'Tt ,;1 :0UGLIC -MINNESC
:-' ·' ' "·""E::l COUNTY , ... "· ·, _:,,,IRES 1-3
Subscribed and sworn to me on this
_1_s_ day of February , 20-"0..;c.5 __ _
Rate Information
(1) Lowest classified rate paid by commercial users for com
parable space: $15.50 per inch.
(2) Maximum rate allowed by law for above matter: $1 _5.50.
(3) Rate actually charged for ab~ve matter: $7.80 per inch .
Each additional successive week: $5.40.
-------~---····-· ·····-··
LEGAL 'NOTICE
CITY OF ORONO
2750 Kelley Parkway,.
P.O. Box 66
Crystal Bay, M.N 55323
-Phone (952) .249-4600
Fax (952) 249-4616
Boundary to Include the property · located
·at 25. Brown Road South ; aod all proper-
. ties located within the plat of "Myrtlewood".
·In Section 36 Township 118 Range 23. ·
This expansion of the MUSA would allow
for eventual provision. of municipal sewer •
to the subje ct properties.
· NOTICE . . 6. #05-3084 James and Patrlcfa
The Plann i'ng Gommission will hold . .Olson , 4360 Bayside Road, RR-1A zon
pLJbllc . hearings . in · the Orono Council . Ing district, request a front yard setback ·· ,
Chambers at ·2780 Kelley Parkway on . variance to permit a front yard setback of
Tuesday, February:22, 2005,·beglnning at . _72'when 100' is normally required anq 77'
• 6:00 : p.m. on the matter,of reviewing the ·· currently ex_lsts ih order . to construct 2
.following larid use _applicaiions : additional stalls to the existing single stall
attached garage .
7. #05-3085 Julie Kreslins on behalf
of _Jul Ann Hair Fashions and building
I ·c
l
.t
.1. • #05-3070 Jerry Boldenow, 70
;North Shore Drive West; RR -1B zoning
district, requests a conditional l.lSe permit
to allow a non-rental guest apartment
above the existing _attached gara_ge .
· owner Aleck G . Overson , 3455 Shoreline
Drive, B -1 zonin•g district, requests a · . (
· con;imercial site plan • review in order to .
2. #05'.3074 Sean and Melissa · operate a beauty shop/hair salon out of an i
Wambold, 1379 Park Drive, LR-1B zon-... existlng ·lower .level vacant space located
Ing disirict, request an after-the-fact con-at the rear of_ the building . ·
dltlonal use. perm it and variance to · permit
a series of retaining walls and associated .
grading within 75' of . the · lake and. also' .a
· hardcover variance . within the 75' -250'
zone to permit 31 % hardcover when 25%
Is nor-mally allowed. ·
;s :#05-3078 Gary and Lynn
Christensen , 3560 1vy· Place , LR -1C
zoning district, request a · lake ·setback
variance to permit a lake setback of 40'
when 75' is _normal ly required and 40' cur-
:_. rently exists, 0-75' and 75.'-250' hardcover
variances and a side setback varianc·e to
permit a side setback of 8'·when 1 0' Is
required and 8'. currently exists In order to
construct a: se·cond story over the existing
footprJnt. ·
. . 4: #05-3082 Ames Construction ~n
. behalf cit Lakeview Golf Course, 405
North Arm Drive , RR -i B zoning district,
requests a conditional _use perm it in order .
to place approximately 6,000 cubic yards
of fill on site which will ultimately reloc ate
the existing 13th green to the south
approxi mately 50 feet.
5. #05-3083 City of Orono , reques ts a
Community Management Plan amend
ment in order to expand the City's 2020
Metropolitan Urba n Service Area ·(MUSA)
·8. #05-3086. Philip ~nd Cassancir~
Ordway, 1145 Sixth -Avenue North, LR -
1A zoning .district, request a ·top of bluff
setback . variance In order to construct a
new residence encroach·lng the required
30' top of bluff setbllfk. · ·
'· • 9. #05 -3087 .Scott· ·Schneider on
· behalf of Andrew and ·Marcia Freese ,
· 2914 .Casco Point Roa~. LR -1C zoning
. district, requests a hardcover varla(!Ce to
permit 29% hardcover within the 75'-250'.
zone when 25% Is normally allowed ;31% .
·currently exi sts and .27% was previously ·
. approved, and an average lakeshore set
back variance· to ·permit construction of ·an
addit_lonal story above the existing fpot'
print. · · ·
10: #05-3088 Michael Kuruvilla, 850
West Wayzata Boulevard, RR --1B zoning
district, requ·ests a conditional use perrnit
In order to operate a Montessori Scho_ol •
capable of serving 69 children Including
29 Infants and 40 toddlers ranging In age
of 33 months to ·5 years old out of the
existing Cornerstone New Testament
Church building .
All persons wishing to be heard .are
encouraged to attend this meeting . This is
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss .
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Denise M. Leskinen, of the City of Orono, Hennepin County, Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #05 -3087 , as mailed to the attached list of
· property owners .
In Witness Whereof, I have hereunto sL~ day ofFebruaiy, 2005.
Denise M. Leskinen
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
-Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Plam1i11g Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Tuesday, February 22, 2005, beginning at 6: 00 p.m. on tf1e matter of reviewing the following
land use applications:
1. #05-3070
2. #05-3074
3. #05-3078
4. #05-3082
5. #05-3083
6. #05-3084
7. #05-3085
8. #05-3086
9. #05 -3087
Jerry Boldei1ow, 70 North Shore Drive West, RR-lB zoning district, requests
a conditional use permit to allow a non-rental guest apartment above the existing
attached garage.
Sean and Melissa Wambold, 1379 Park Drive, LR-lB zoning district, request
an after-the-fact conditional use permit and variance to permit a series of
retaining walls and associated grading within 7 5' of the lake and also a hardcover
variance within the 75' -250' zone to permit 31 % hardcover when 25% is
normally allowed .
Gary and Lynn Christensen, 3560 Ivy Place, LR-1 C zoning district, request a
lake setback variance to permit a lake setback of 40' when 75' is normally
required and 40' currently exists, 0-75' and 75'-250' hardcover variances and a
side setback variance to permit a side setback of 8' when 10' is required and 8'
currently exists in order to construct a second story over the existing footprint.
Ames Construction on behalf of Lakeview Golf Course, 405 North Arm Drive,
RR -lB zoning district, requests a conditional use permit in order to place
approximately 6,000 cubic yards of fill on site which will ultimately relocate the
existing 13 th green to the south approximately 50 feet.
City of Orono, requests a Community Management Plan amendment in order to
expand the City's 2020 Metropolitan Urban Service Area (MUSA) Boundai·y to
· include the property located at 25 Brown Road South, and all properties located
within the plat of "Myrtlewood" in Section 36 Township 118 Range 23. This
expansion of the MUSA would allow for eventual provision of i:nunicipalsewer
to the subject properties.
James and Patricia Olson, 4360 Bayside Road, RR-lA zoning district, request
a front yard setback variance to permit a front yard setback of 72' when 100' is
normally required and 77' currently exists in order to construct 2 additional stalls
to the existing single stall attached garage.
Julie Kreslins on behalf of Jul Ann Hair Fashions and building owner Aleck G.
Overson, 3455 Shoreline Drive, B -1 zoning district, requests a commercial site
plan review in order to operate a beauty shop/hair salon out of an existing lower
level vacant space located at the rear of the building.
Philip and Cassandra Ordway, 1145 Sixth Avenue North, LR -IA zoning
district, request a top of bluff setback variance in order to construct a new
residence encroaching the required 30' top of bluff setback._
Scott Schneider on behalf of Andrew and Marcia Freese, 2914 Casco Point
Road, LR -1 C zoning district, requests a hardcover variance to permit 29%
hardcover within the 75'-250' zone when 25% is normally allowed, 31%
currently exists and 27% was previously approved, and an average lakeshore
setback variance to permit construction of an additional story above the existing
footprint.
10. #05-3088 Michael Kuruvilla, 850 West Wayzata Boulevard, RR-lB zoning district,
requests a conditional use permit in order to operate a Montessori School capable
of serving 69 children including 29 infants and 40 toddlers ranging in age of 33
months to 6 years old out of the existing Cornerstone New Testament Church
building.
All persons wishing to be heard are encouraged to attend this meeting. This is nota final agenda and is
subject to change prior to the hearing. Written comments are accepted and should be submitted to the
City of Orono by February 16, 2005 if possible. Plans are available for review in the City Offices and all
interested persons are encouraged to contact the City for further information. For an appointment, please
call (952) 249-4600.
City of Orono ~gel~
Michael P. Gaffron, Planning Director
To be published in the Laker and Pioneer on February 12, 2005.1
Posted at: Orono City Offices
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
2
RUN DATE: 1/19/2005
38 20117233I0031
.'lOP ADDR 2914 CASCO POINT RD
WNER NAME A FREESE & M FREESE
AXPAYER ANDREW &MARCIA FREESE
AME/ADDR 2914 CASCO POINT RD
WAYZATAMN 55391
38 20117233 !004 l
ROP ADDR 3630 CASCO A VE
WNER NAME PETER M GRAFFUNDER
AXPAYER PETERM GRAFFUNDER
AME/ ADDR 3630 CASCO A VE
WAYZATA MN 55391
38 2011723310072
ROP ADDR 2912 CASCO POINT RD
1WNER NAME MD BARRETT & D M BARRETT
AXPA YER MICHAEL D BARRETT
!AME/ ADDR 2912 CASCO POINT RD
WAYZATAMN 55391
38 2011723420006
ROP ADDR 38 ADDRESS UNASSIGNED
IWNER NAME HENNEPIN FORFEITED LAND
'AXPA YER HENNEPIN FORFEITED LAND
JAME/ ADDR NOT FOR SALE/UNDER WATER IN
LAKEMTKA
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723310032 38 2011723310033
PROPADDR 2916 CASCOPOINTRD PROPADDR 2920 CASCO POINT RD
OWNER NAME ROBERT H POWELL JR ET AL OWNER NAME P R & F D PICHELMAN
TAXPAYER ROBERT H POWELL JR TAXPAYER FRANK D PICHELMAN
NAME/ADDR 2916 CASCO POINT ROAD NAME/ADDR 2920 CASCO POINT RD
WAYZATAMN 55391 WAYZATAMN 55391
38 20117233I0042 38 2011723310043
PROPADDR 3600 CASCO AVE PROPADDR 3650 CASCO A VE
OWNER NAME RICHARD J HAEFELE OWNER NAME MT & AM GERSOVITZ
TAXPAYER RICHARD HAEFELE TAXPAYER MITCHELL Tl AST AM GERSOVITZ
NAME/ADDR 3600 CASCO A VENUE NAME/ADDR 3650 CASCO A VE
WAYZATAMN 55391 WAYZATAMN 55391
38 2011723310073 38 2011723420003
PROPADDR 2918 CASCOPOINTRD PROPADDR 38 ADDRESS UNASSIGNED
OWNER NAME TH MATTHEWS & MT MATTHEWS OWNER NAME SL KAPLAN ET AL TRUSTEES
TAXPAYER TRACI H & MICHAEL T MATTHEWS TAXPAYER JAMES W LUPIENT
NAME/ADDR 2918 CASCO POINT RD NAME/ADDR 750 PENNSYLVANIA AVES
WAYZATAMN 55391 GOLDEN VALLEY MN 55426
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS
OF THE HENNEPIN COUNTY TAXPAYER sEry,,vrCES DEPARTMEN1:JO 11;~·~./; ~ '' ' )---·---\
OFMYKNOWLEOOEANDBELIEF. //fa /4CJ,C: ; -e-(d //,. 11~ '
DATE ( '_..I BY '· I : / 'l ,r V ' ~
I I ;J / I
l_/
PAGE: I
CITY of ORONO
February 1, 2005
Design Matters
Scott Schneider
945 Forest Arms Lane
Mound, MN 55364
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
REQUEST FOR FURTHER INFORMATION
SUBJECT: Zoning Application #05-3087
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to notify you within fifteen (15) business days as to the status of your
application for variances for property located at 2914 Casco Point Road. Below is a list of items the
City of Orono is requesting to complete our review:
• An engineered letter verifying the structural integrity of the existing foundation and its ability
to withstand additional structure.
• A revised site plan omitting the sidewalks labeled decorative rock without plastic. These are
still counted as hardcover. Either add these into your hardcover calculations or omit them
from the plan. Also, omit the future deck. Any indication that future variances will be
requested will weigh in on the amount of hardcover you are currently requesting approval of.
• A revised survey indicating the location of the average lakeshore setback line.
• A completed hardcover calculation worksheet for the 0-75' zone.
Application #05-3087 is incomplete .. If you wish to proceed with your application please submit the
items requested above by February 14, 2005 by 12:00 Noon to remain on the February 22, 2005
Planning Commission agenda. Please call me at (952) 249-4623 should you have any questions.
Sincerely,
City of Orono
Jzuiiu ·Gu.Ni,,/ wA-
1 anice Gundlach
City Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
DAT A 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 (see following page) to review private data on
yourself.
AddrefftJJNP J1jJ f;;S(!,r.A
City ~ State Zip
I un
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or to
be stored shall be as set forth in this section. ·
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
(c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and (d) the identity of other persons or entities authorized by state orfederal
law to receive the data. This requirement shall not apply when an individual is asked to supply
investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in the
individual income tax or property tax refund instructions instead of on those forms. ~
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and Whether
it is classified as public, private or confidential. Upon his further request, an individual who is
the subject of stored private or public data on individuals shall be shown the data without anY
charge to him and, if he desires, shall be informed of the content and meaning of that data
After an individual has been shown the private data and informed of its meaning, the data need
not be disclosed to him for six months thereafter unless a dispute or action pursuantto this
section is pending or additional data on the individual has been collected or created. The
responsible authority shall provide copies of the private or public data upon request by the
individual subject of the data. The responsible authority may require the requesting person to
pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any requesl made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To eiercise
this right, an individual shall notify in writing the responsible authority describing the nature of
the disagreement. The responsible authority shall within 30 days either: (a) correcttne data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that he
believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the provisions of
the administrative procedure act relating to contested cases.
TRACKING SHEET
FILE NO. 05-308 7
Staff: , /AN ll.k
SITE ADDRESS: 2914 Casco Poi nt R d
A pp li cant: Scott Schneider -Design Matters
Address: 945 Forest Arms Lane
Ow n e r: Andrew & Marcia Freese
Address: 2914 Casco Point Rd.
Mound , MN 55364 Wayzata , MN 55391
¢-Meeting with Staff D ate : 11 i1 l D:>
I
□ Application Completed Date : ti \L-\!DS 60 Day : L-1 I l 1--f ) D5
□ Incomplete Notice Sent Date: i!I\DS
Copy of Application Sent to :
~En g ineer _ County DNR MCWD LMCD
~ Property Owners Notified: Date: 2,;)\D)DS
□ Legal Notice Published Date:
PC Meeting(s): _2.,,.::........,\'--r;,,,_1.-----l---l --'--CS _____ Vote : ffff '2.-S -0
I
_____________ Vote : ______ _
Vote : ---------------------
~ Notice of PC Action : 'L \-z_,3\ 05 --~.;:::_____. _______________ _
City Council Meeting(s): _i.::........:;__lt'---.::~::...J..,os.=..<.... _______ Vote : ,+EPP--s-✓
I
_____________ Vot e: _____ _
Vote: --------------------
□ Resolution :