HomeMy WebLinkAboutProject PacketCITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Richard & Carol Kail
2915 Casco Point Road
Wayzata, MN 55391
TYPE OF APPLICATION: Variance
DATE OF MEETING: 8/10/98
COUNCIL ACTION -MOTION:
APPLICATION NO. 2393
NOTICE OF COUNCIL ACTION
Date of Notice: August 11, 1998
COPIES:
VOTE: 4 FOR 0 AGAINST
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 an interest in the property must sign the resolutions.
You must apply for and obtain a building permit prior to commencement of construction. (The
building permit application is a separate application from the zoning variance or conditional use
application.)
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. Permit application must be submitted no later
than August 10, 1999.
If you desire certified copies of the official Council minutes, they are available from the City
Clerk after review and approval by the City Council.
ch
ORONO CITY COUNCIL MEETING
MINUTES FOR AUGUST 10, 1998
(#5) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD -VARIANCES -
RESOLUTlON NO . 4141 .
Mr. and Mrs . Kail were present.
Van Zomeren reported that the application is for a hardcover variance to construct a double car
garage. The applicants also own the adjacent lot. A shed on the property will be removed and has
not been included in hardcover calculations as it was not shown on the survey. There was no record
of a permit for the shed. Planning Commission recommended that the garage be reduced to meet
the 10' side and rear yard setback requirements. Hardcover would increase from 39.4% to 40.1 %
where 3 0% is allowed.
Mayor Jabbour questioned if the shed appeared to have been added in the last few years. Van
Zomeren responded that the shed was in good condition but it was difficult to determine how long
it may have been on the property. Jabbour thought it could be legally non-conforming.
Kelley moved, Flint seconded, to adopt Resolution No. 4141 granting variances to permit the
construction of a 14' x 20' garage located at 2917 Casco Point Road. Vote: Ayes 4, Nays 0.
(#6) #2394 C. PEARSON COMP ANY, HA \TING AN INTEREST IN 2697 KELLY A VENUE
-VARIANCE
Mrs. Birnbaum, owner of 2697 Kelly A venue, was present. She stated that the applicant had
withdrawn the application and no longer intended to purchase the lot.
Mrs. Birnbaum expressed concern with information the City was providing in response to inquiries
about the property . She felt staff was responding negatively to development of the pr~perty even
though it had been approved as a buildable lot.
Mrs. Birnbaum also objected to a letter received from James Berg. She felt the Bergs, because of
the location of their property, had the advantage of using this vacant lot as a lake lot while someone
else paid taxes. She also noted that Jan Berg is a member of the Planning Commission and shouldn't
be allowed to vote on the matter because of a conflict of interest.
A third issue Mrs. Birnbaum addressed was the status ofLydiard Avenue and if it was considered
a road .
Kelley asked when the Birnbaum's bought the property and if they were aware of the restrictions on
the property. Mrs. Birnbaum replied that it was bought in 1988 and she thought they had read the
resolution.
6
Date of Application: 6/24/98
Date Completed: 7 /15/98
60 day limit: 9/13/98
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Elizabeth A. Van Zomeren
Title Planner/Zoning Administrator
Item Description: #2393 Richard and Carol Kail
2917 Casco Point Road
Variance--Resolution
DATE: 8/5/98
ITEM NO.:
Agenda Section:
Zoning
Zoning District: LR-lC One Family Residential District (1/2 acre)
Lot Area:
Application:
8,990 sq. ft. (.206 acres)
The applicants were originally asking for setback variances and
a hardcover variance to build a 2 car garage on the subject property.
The applicants also own the adjacent lakeside parcel and have
indicated that they purchased the property for use by a family
member. They have stated that they have considered combining
the two lots in the future.
PLANNING COMMISSION RECOMMENDATION:
On a vote of 6-0 the Planning Commission recommended that a 14' x 20' garage instead of a 20'
x 20' garage be constructed which meets the 10' side and rear yard setbacks. A hardcover
variance is required to increase from 3,522 sq. ft. to 3,.610 sq. ft. or from 39.4% to 40.1 % where
30% is allowed.
COUNCIL ACTION REQUESTED:
To approve or amend the enclosed resolution.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.56, SUBDIVISION 16 (C-1&2)
FILE #2393
WHEREAS, Richard Kail and Carol Kail (hereinafter "the applicants") are
owners of the property located at 2917 Casco Point Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 108, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on July 20, 1998, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2)
to permit construction of a 14'x20' garage in the 250-500' setback where 3,522 sq. ft. (39.4%)
hardcover exists and 3,610 sq. ft. (40.1%) is proposed where 2,697 sq. ft. (30%) is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2393.
2. The property is located in the LR-lC Zoning District, where 1/2 acre or 21,780
sq. ft. is the minimum lot area. The property consists of .206 acres or 8,990 sq.
ft.
3. The Orono Planning Commission reviewed this application on July 20, 1998,
and recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
Page 1 of 4
A. The subject property does not meet lot area or lot width standards. The
existing residence does not meet the side yard setback from the east
property line.
B. The lot provides driveway access to the adjacent lakeside property which
is also owned by the applicants.
C. The property currently does not have a garage.
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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section
10.56, Subdivision 16 (C-1&2) to permit construction of a 14'x20' garage where hardcover
exceeds the maximum allowed. A variance is required to increase from 3 9 .4 % to 40 .1 % in
the 250-500' setback where 30% is allowed. Approval was subject to the following conditions:
1. The garage shall not exceed 14'x20' and shall be located 10 ft. from the rear and
side property lines.
2. The existing shed in the street yard shall be removed.
3. The applicants and future owners are on notice that future requests to increase
hardcover will not be favorably reviewed.
Page 2 of 4
4. Authorities granted by this variance run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or this variance
will expire on that date (August 10, 1999).
5. 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.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 10th day of August, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Property Owner( s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of
August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 3 of 4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199_ before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 4 of 4
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(#12) #2393 RICHARD AND CAROL KAIL, 2917 CASCO POINT ROAD -VARIANCES, 8:35 p.m. -
8:55 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Mr. and Mrs. Kail were present.
Van Zomeren stated the Applicants are proposing to remove an existing carport and construct a
20 by 20 detached garage. Variances are required for side yard setback to allow the garage to
encroach into the ~ 0 foot required side yard, with a variance for hardcover being required in the
250'-500' setback.
Van Zomeren noted this is a substandard lot, less than 1/5 of an acre, and does not meet the lot
area or lot width standards. Existing hardcover is at 39.4 percent, with the limit being 30 percent.
The existing driveway, which is located on the subject property, also provides access to the
adjacent lot.
Mrs. Kail stated they would like to remove the shed located at the front of the property and erect a
.
garage where the existing carport is. • &'t+ lcdt:~ shote pro~ ~l\,t.8' 'r
e~ "°""~ t:ldJa,t. ne.J a.., .\M , ~ 'u
Chair Smith inquired whether the existing garagef could be added onto. 0 "" Q\
Mr. Kail noted that if a stall were added to the existing garage, it would give the garage the
appearance of a long barn. Mrs. Kail said she was not opposed to that idea.
McMillan noted the properties are not combined.
Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do
so in the future.
McMillan stated she would be in favor of a oversized one-car garage to replace what is currently there.
Mr. Kail commented a sewer line goes through the middle of the property which reduces possible sites·
for the garage.
Mrs. Kail stated a 20 by 20 garage allows for two cars, and inquired whether they could construct a
car and a half garage.
Van Zomeren stated the typical parking stall is 9 by 20 feet and they could construct a 12 or 14 by 20
Page 14
foot garage.
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
McMillan stated she would be in favor of a 12 or 14 by 20 foot garage.
Mr. Kail comment.ed they lost some land when the road was improved in the area.
Stoddard stated he would be in favor of a 14 by 20 foot garage.
Van Zomeren noted there is a required ten foot setback from the house to the garage.
McMillan inquired whether the applicants would be in favor of an attached garage.
Mrs. Kail replied no.
There were no public comments.
Lindquist inquired whether the applicants were comfortable with adding a 14 by 20 foot garage.
Mrs. Kail commented a 14 by 20 foot garage is better than what is currently th~re. • 'd•r1e. .fa<"' nck-loadtn'j fiA'o..sz. 11
Van Zomeren stated the proposed garage would leave a 20 foot depth, which is ten feet short of the
p-r<.kueJ ,.of .3b'.
r-equiree minimum,~ would add 25 to-ao feet of driveway. The side yard setback would be 1 0 feet.
Lindquist stated he would be comfortable with the 1 o foot side yard setback and a maximum of 50
31-·
additional feet in hardcover for the driveway.
Chair Smith noted the 1 0 foot side yard setback is required because the two properties are not
combined, and if sold as separate lots, they would be in conformance with the ordinance.
Lindquist moved, Smith seconded, to approve Application #2393 for the property located at
2917 Casco Point Road, with the understanding the proposed garage will be constructed
10 feet off the side yard and rear yard setbacks, a maximum of 50 square feet of hardcover
will be added for driveway, the existing shed and concrete will be removed and replaced
with a 14 by 20 foot garage. VOTE: Ayes 6, Nays 0.
(Recess was taken from 8:55 p.m. -9:03 p.m.)
(#13) #2394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE•
VARIANCES, 9:03 p.m. -9:23 p.m.
The Certificate of Mailing and Affidavit of Publi~ion were no~d. .n.. r .<a... JP ...
~~,( 1 ~ J..,.1-'h~ C ·-I•-' f"'C'.61AS... ........... -'1 "'""''II (l,\d A f,.,.,~ ------~ '
Gary Birnbaum was present.
Page 15
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
ZONING FILE #2393
NOTICE OF PLANNING COMMISSION
ACTION
DATE OF NOTICE: 7/21/98
-------------------------------------------------------------·--
TO: Richard & Carol Kail
2917 Casco Point Road
Wayzata, MN 55391
COPIES TO:
·--------------~---------------------·----
TYPE OF APPLICATION: Variance
-------------------------------------------------------
DATE OF MEETING: 7/20/98 VOTE: 6 FOR 0 AGAINST
Planning Commission recommends the following:
Approval subject to conditions noted below.
NOTES AND SPECIAL CONDITIONS:
1. Meet 1 0' side yard setback.
2. Meet 1 0' rear yard setback.
3. Limit size of garage to 14'x20'.
4. Allow additional hardcover for garage and driveway apron.
Applicant's next scheduled meeting is confirmed as:
City Council Monday, August 10, 1998, meeting starts at 7:00 p.m.
If you desire certified copies of the official Planning Commission minutes, they are available from
the City Recorder after review and approval by the Planning Commission.
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TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Liz Van Zomeren, City Planner/Zoning Administrator
DATE: July 13, 1998
SUBJECT: #2393 Richard and Carol Kail
2917 Casco Point Road
Zoning District:
Lot Area:
Application:
V ariances--Public Hearing
LR-lC One Family Lakeshore Residential District (1/2 acre)
8,990 sq. ft. (.206 acres)
The applicants recently purchased the subject property and want to remove
the existing carport and construct a 20' x 20' detached garage. Variances are
required for side yard setback to allow the garage to encroach into the 1 O'
required side yard. The proposed garage also requires a variance
for hardcover in the 250' to 500' setback.
Pertinent Ordinances:
Section 10.25, Subd. 6, (A) and (B)
Section 10.22, Subd. 1 and 2
Section 10.03, Subd. 14 (C)
Section 10.56, Subd. 16, (C) 1 and 2
Section 10.03, Subd. 6, (A) 1 " ... However, the lot record shall not be more intensely developed
unless combined with one ore more abutting lots or portions thereof so as to create a lot meeting
the requirements of this Zoning Chapter".
#2393 Richard and Carol Kail
2917 Casco Point Road
July 20, 1998
page--]
ANALYSIS
Lot Area and Yards
LR-1 C District Standards
Lot Area Lot Width Front Yard Side Yard Rear Yard
1/2 acre 100' 30' 10' 30' for
principal
structure, 1 0'
for accessory
Subject Property Lot Area and Yards
Lot Area Lot Width Street Yard Side Yard Rear Yard
8,990 sq. ft. 59.9' 60' 8.5' on E side of 1 0' proposed for
( .206 acres) house, 5' for new garage
new garage
The subject property does not meet the minimum lot width or lot area requirements. The existing
house does not meet the minimum side yard requirements along the east property line. The new
garage requires a side yard variance to encroach into the required 1 0' side yard along the east
property line. The driveway must be at least 5' from the west property line, the driveway turnout
from a side loading garage should be at least 30' and the garage depth is proposed at 20'. These
dimensions use 55' of the lot width which leaves only 5' for a setback on the east side.
Structural Coverage
Total Lot Size Total Structural Coverage Percentage Proposed
Allowed
8,990 sq. ft. 1,348.5 sq. ft. (15%) or House=l,036 sq.ft.
(.206 acres) 1,500 sq. ft., whichever is Garage=400 sq. ft.
greater Total=l,436 sq. ft.
(15.9%)
The subject lot is approximately 1/5 of an acre in a zoning district that requires 1/2 acre minimum
lot size. The Zoning Code provides lots less than 2 acres in size to have a minimum of 15% lot
coverage or a 1,500 sq. ft. footprint for the principal structure and accessory structures combined.
This proposal is for 1,436 sq. ft. or 15.9% structural lot coverage which does not exceed the 1,500
sq. ft. allowance. The 15% limit does not apply to this application.
Hardcover
Distance from Total Area Existing Allowed Proposed Variance
Shoreline in Setback Hardcover Hardcover Hardcover Requested
250'-500' 8,990 sq. ft. 3,522 sq. ft. 2,697 sq. ft. 3,638 sq. ft. 941 sq. ft.
(39.4%) (30%) (40.4%) (10.46%)
The subject property currently exceeds the hardcover limit for the 250' to 500' setback area. Part of
the problem is that this lot provides access for the residence to the south which is also owned by the
applicants.
Staff provided an alternate plan that eliminates more driveway, provides a minimum driveway pad
of 20' and a drive aisle of 1 0' for a total of 30'. The staff alternative requires a 5' side yard variance
and also tries to protect the maple tree with a 1 0' rear yard setback. The amount of hardcover in the
staff alternative is 3,606 sq. ft. or 40.11 % instead of 40.4%. It would provide more green space
between the house and the new garage.
STATEMENT OF HARDSHIP
The applicants have stated that not having a garage for this property is a hardship.
Criteria for Determining Undue Hardship
1. The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
The residence can continue to be used as a dwelling unit without a garage, however,
the applicants have stated that they want to have a garage for this property. It is currently
served by a carport.
2. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
This is a very small lot, less than 1/5 acre where a minimum of 1/2 acre is required. The
applicants own the adjacent lakeshore parcel. The applicants purchased the property for
use by their daughter. They want to provide a garage on the property. Siting a garage on
the property is difficult because of the narrow width of the lot, the desire to preserve a maple
tree and open space, and provide an adequate driveway/backout
space for a sideloading garage.
3. The variance, if granted, will not alter the essential character of the locality.
The variance will add another building to a substandard lot. The adjacent lots are connected
as one tax parcel.
4. The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property.
This is a substandard lot in a neighborhood of deep, narrow lots. Ideally, this lot should
be combined with the applicant's property. Historically, however, it has functioned as
a separate lot with a dwelling unit.
5. The conditions do not apply generally to other land or structures in the district
in which said land is located.
All lots in this zoning district must comply with the standards. This lot is narrow and
and substandard which impacts the ability to locate a garage on the property
that complies with yard setbacks and hardcover.
6. The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
The applicants shall provide testimony regarding their interest in providing a garage
for this residence.
7. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable hardship or difficulty.
The variances will provide a small 20' x 20' garage for this property. It is not possible
to locate a garage on this property without needing a hardcover variance.
1. This lot does not meet the lot area or lot width standards. The existing house does
not meet the side yard setbacks from the east property line.
2. A minimum of 55' width is required to provide a 5' setback for driveway, 10' for
drive aisle, 20' for driveway pad, 20' for garage depth. A 1 0' side yard requirement
cannot be met unless the driveway is placed on the property line or the driveway
pad is reduced.
3. This lot is penalized by hardcover that provides driveway access for the adjacent lakeshore
residence which is also owned by the applicants. The Planning Commission
should consider that this driveway serves two residences when reviewing the amount
of hardcover on the lot. The applicants own the adjacent lot which also does not meet
the minimum lot size requirements.
4. Allowing another structure on a substandard lot theoretically extends the future life
of this lot. Financially, it makes it more difficult for this lot to be combined with the
applicant's lot at a future point in time. Combining the lots would allow for one lot
that more closely conforms to the minimum lot area requirements. The Zoning Code
does not allow two principal structures on one zoning lot so the lots cannot be combined
unless a dwelling unit is removed.
5. The Zoning Code indicates that lots of records that are deficient in lot width and lot
area shall not be more intensely developed. The issue is whether a garage is considered
more intense development. Generally, properties without garages are reviewed favorably
when variances are needed.
STAFF RECOMMENDATION
To review the plan as submitted and as revised by staff and discuss the unique issues with this lot
given that it does not meet lot area requirements and the applicant's own the adjacent lot.
One possible solution is to ask the applicants to consider adding a stall to their existing garage on
their property to be used by their daughter. This would provide enclosed parking for her vehicle
and provide one larger garage servicing both properties rather than adding more structure and
hardcover to a substandard lot that should eventually be combined with the applicant's lot.
Attachments
A Application
B Plat Map
C Existing Survey
D Hardcover as submitted
E Staff Revised Survey
F Staff Hardcover
G Garage sketch
H Applicant's adjacent property
I Permit Record
J Picture of property
K Aerial photo
L Sketch of adjacent properties based on aerial photos (1994)
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Application # ~ 3 q3
Date Received (a· :l~, q~
Amount Paid 0$0.-
Site Address d--q 1·7 (1 1-\:SCtJ T)<._:) I NI 12.-0P-<b
Property Identification Number (P.I.D.) ao-11,--). '3 3 i Oo<S:;
Attach legal description to application if not included· on required survey.
~~te Property Acquired ~~ / ff? 7·,r--·. · (month/year)
~do not) also own the adjacent parcels of land ..
Present use of property: -X_residential __ other (specify) _________ _
ZoningDistrict:_L=:._12_:::_-___,_J .,,..__,,_· ___________________ _
A
APPLICANT . ..
1
Phone (home) t/:J--3/2/-/j/,J{S-
N ame R, ciJJ!..f( 0 +' Gtf-lL11 /(Jtb 'L Phone (work) &/,).-VJ ·-::;:?{;)o <)
Addressa 9!Z (l#uC-o rr f\O City: 0;<011.,ro Zip: ~S.:JY/
OWNER (if different than applicant)
Name
Phone (home) _______ _
---------------Phone (work) _______ _
Address: City: ________ Zip: ___ _
DESCRIPTION OF REQUEST ~ ,
1
~stimated C?nstructio~ ~ost $ if;~.{"; 1), ?
Describe request in detail: ~ ~--uil) c::i,. ,;JIJ' J< ;IV d~u
#'
(attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area Lot Width
Setback: Front Side
_)( Hardcover
Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSIDPillESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
7
REQUIRED SUBMITTALS
All of the following information must be submitted by the application deadline date in
order for your application to be considered complete:
1. ~ympleted Application Form
2. +·//Certified Property Owners List of owners within 150', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department of
}:inance, A-603, Govt Center, 348-3271). '
3. ~/Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
4. Topographic survey (existing and proposed elevations) if any changes in existing
_,,grade are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
5. ~,Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
6. t,/'9'~ List of the legal names (include marital status) of all persons with an interest in
the property. This would include narne(s) of applicant(s) if not current owner(s).
7. As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
8. Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or consultant expenses incurred in review of this application, and certifies that the
information supplied is tru~an~rrrect t~ the r o: ~;e~ knowledge.
Applicant's S1gnatm~e1:da,/I w /;,,:,I )';4J Date -,t:::,,£..---"------"----L.-.:C.....'--"'-
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City staff, consultants, agents, Commission members, and Council
members for purposes of i~vestigation,and verification ~f this request.
I •
Owner's Signature .
1
Date -~2!:.~...::::£':JLL~!.......:..
Applicant must have all submittals into the City offices 25 days before the Planning
Commission Meeting. Planning Commission Meetings are held on the third Monday of each
month. Applicants must be present at all scheduled review meetings of the Planning
Commission and Council. If an applicant is unable to attend a scheduled meeting, please
make arrangements to have an authorized agent attend in your place and to advise the Building
& Zoning Office of this change prior to the meeting.
8
\
\0 V?
B
98 Jun 09 17:04:52 F:\SUR\63036\001\63036001 RICW
SURVEY FOR: RICHARD & CAROL KAIL
·.··
...
. . ...
:·· ... ... ~·
/
... ..... . . ·.·
/
/
...
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·.·· .··:
•·. :.:: ~·
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·· .
·.··
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63036-001 544/64
. (89-26)
I -•-SCHOELL & MADSON, INC.
ENGINEERS • SURVEYORS • PLANNERS
SOIL TESTING • ENVIRONMENTAL SERVICES
10580 WAY"ZATA BOULEVARD, SUITE 1
MINNETONKA. MN 55305
I
30
(612) 546-7601 FAX:546-9065
0 -30 60 90
1 ___ 1,----_;;,,
Scale in Feet
DESCRIPTION:
Lot 108, Spring Park •
GENERAL NOTES:
1. • -Denotes iron monument found.
2. 0 -Denotes iron monument set.
3. D -Denotes concrete surface .
This drawin9 has been checked and
reviewed this 9 :)z day of
JI/NE , 19.2.,§,
by V:L--ef: ~
I hereby certify that this survey was
prepared under my supervision and that
I om a Licensed Land Surveyor under the
lows of the State of Minne,o. ~"'~ -Theodore D. Kemna
Date: Moy 21, 1998 License No. 17006
As 50BMl1Tffi
HARDCOVER CALCULATION WORKSHEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~ 500-1000' 1) EXISTING HARDCOVER IN ZONE
A. House 38.8 X 2~-?-= /0 ~ '=, S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway / 5 0 X varie.s = z.. Z4D S.F.
(117c/. cq,-oart) ' X = S.F. ' .
D. Sidewalk 85 X L·S' = ;z,-S.F.
23 X 3,5:" = fjO S.F.
3_ 2 .s-&
E. Patio/Deck X = S.F.
X = S._F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
cfM_mney 5' /. J. r. S.F. G. Ot er X =
ccnc. S~f 1 'I 6 ,.s-?.S'
II k TOT AL HARDCOVER IN ZONE 'f,5" ~'Z-3l'$'Z.2.. S.F. A
TOTAL PROPERl'Y AREA IN ZONE a: ~20 S.F. B
A -~~Z-__ B &; 990 X 100 = 59,4 %
PROPOSED HARDCOVER IN ZONE
A. House 3S,8 X z~ .. :2 = /O~lo S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage za X zo = 4ot> S.F.
C. Driveway ;SD X 1/!l.r"tes = Z/IS S.F.
X = S.F.
D. Sidewalk z~ X 3 • .5 = S.F. ·
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
: G. ~'J/1e'/ -5' X /.,; = r S.F.
cone, sfoop '/, t t/,-S: --:rz-
TOTAL HARDCOVER IN ZONE -;3.&:i ". 0 -. S.F. A
TOTAL PROPERTY AREA IN ZONE 1B_,, 7.lj_ 0 S.F. B
A ~I k_b0 + B 8/J'fO X 100 = t/O • r:_ %
•
13
98 Jul 02 07:51 :02 F:\SUR\630361001\63036001 RICW
SURVEY FOR: RICHARD & CAROL KAIL
[illIIl
Add:
~ DR\\JE\J'J~\J ·i;~D
~~~--~
.. ·.•·
:·•
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/
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lssue.s:
I. Tn~ 0-.pplic.o.r'lt 'Nllnl-:f Tu re.rviove m C"-"PO d·
~ b1>i Id .~ 20' ~ ::J.o' ef>-,'(()..~.
~-fu,..ra~s ~ ~ lo' +to"' ,ep._(.l.. prop-e.v-+-t 1,ne.
3. T1'e-o.f pl;tt\Yri-INlShf +c ~ee.p the. It" IY)O..pl~ loc.~
0 r\ -\-he. Y eA>-f ii:! pe-v--1;, I , ·Y\e .
4 · A. i1de loodi'ns ~ti.Sc-n~ 3<::i tv-a. -6.,nt"'S radt~.
5. The. o..pf lt~o.J'\+-V>J~ ~ Maic'1rvuie. 'f'A'O Sp~.
G,, A tv),·n iM'-).,..... ot I<::>' is f~t.Aire-:1 ~~ ~klt·~-
7. lh4 °'-pfh CA~ als"" aVi'"\ 'ftte acl)~c.e,ik ~~pedy.
30
63036-001
SCHOELL & MADSON, INC.
ENGINEERS • SURVEYORS • PLANNERS
SOIL TESTING • ENVIRONMENTAL SER\llCES
10580 WAYl.ATA BOULEVARD, SUITE 1
MINNETONKA, MN 55305
(612) 546-7601 FAX:546-9065
0.....-___ ...;;30 60
Scale in Feet
DESCRIPTION:
Lot 108, Spring Pork.
GENERAL NOTES:
1. • -Denotes iron monument found.
2. 0 -Denotes iron monument set •
3. 14· __ j -Denotes concrete surface. -
544/64
(89-26)
90
4. Revised 7-2-98 to show cone. walk, proposed
garage, 929.4 contour loc. &: adjacent garage.
This drowin~ hos been checked and
reviewed this ,:Z /'J d day of
byJ~~•
I hereby certify that this survey was
prepared under my supervision and that
I om a Licensed Land Surveyor under the ~og~
'-
Theodore D. Kemna
Date: May 21, 1998 License No. 17006
ReVIS@ B\(
HARDCOVER CALCULATION WORKSHEET ST~
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' ~ 500-1000' ::f
EXISTING HARDCOVER IN ZONE
A. House 38.8 X 2"-9-= 103'=, S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage X = S.F.
C. Driveway / 5 0 X varie:s = z.. z4o S.F.
( 111c /. cq,-acct) ' X = S.F. :r~
D. Sidewalk 85 X L·S' = J'Z."i:._ S.F.
23 X 3.~ = 130 S.F.
g z.s-&
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. t"ltirr'ney S" X /. J. = l. S.F.
cone. SrbfJf 1 'I~ ,.s-?.S"
11 k TOT AL HARDCOVER IN ZONE 'I•~ -z.z.. 3,'5"Z'2.. S.F. A
TOTAL PROPERfY AREA IN ZONE 8~~2° S.F. B
A -~-?-Z 'Z-__ B &; '190 X 100 = 39,4 %
PROPOSED HARDCOVER IN ZONE
A. House 33.g X Z~-:2 = lo ~re. S.F.
Length Width
X = S.F.
X = S.F.
X = S.F.
B. Garage 20 X zo = 400 S.F.
Driveway /SD f/!l.l"Les
1qu
C. X = S.F.
(P~D) .;io X q = 180 S.F.
D. Sidewalk z~ X 3.5 = /30 S.F.
X = S.F.
E. Patio/Deck X = S.F.
X = S.F.
F. Landscape X = S.F.
Underlain X = S.F.
By Plastic X = S.F.
G. 7fui'J~ ~ X '· f = =;-S.F.
TOTAL HARDCOVER IN ZONE Jt,o, S.F. A
TOTAL PROPERTY AREA IN ZONE ~. 'i_q_q S.F. B
A B 8/l'fO X 100 = 'iC-ll % -.-
13
CERTIFICATE OF SURVEY
?OR RICHARD & CAROL KAIL
IN LOT 97 ,. SPRING PARK
AND ADJOINING LAND
HENNEPIN COUNTY, MINNESOTA
H
/
I hereby certify that this is
a true and correct repre~entation
:"-._ of a survey of the following described
~operty:
!:ft 97, Spring Park,
Th~t part of vacated Lake Shore Avenue
and that part of the tract of land lyin:
between said Avenue and the 8hqre of
Lake Minnetonka, all lying between the
Southwesterly extensions of the North
westerly and Southeasterly lines of Lot
97, Spring Park, according to the rec
orded plat thereof.
and the location of all existing buildings thereon. It
does not purport to show other improvements or encroach
men ts.
Date: July 26, 1984
Scale: 1 inch: 30 feet
o : Iron marker
Gor on R. Cof n
Mark S. Gronberg
Engineers & Land Surveyors
Long Lake, Minnesota
I
PERMIT RECORD
Permit No. Date Type of Permit
Apf\t~-kr e~" Cs,) a.""J
C c;S) Sl.\.BJett Ptof€R{~
/
/
L
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(#2392 Thomas Berscheid, continued)
Stoddard noted the accessory structure cannot exceed the principal structure in height.
Berscheid stated the proposed structure is 20 feet in height, which would not exceed the principal .
structure. · · · ·
Lindquist moved, Hawn seconded, to approve Application #2392, granting a conditional use
permit to construct a detached garage on property located at 1365 Rest Point Road subject
to, 1) the Applicant obtaining a building permit from the City of Orono prior to construction of
the garage; 2) the garage is constructed in substantial conformance with the survey dated
May 19, 1998, and; 3) the Applicant receives a building permit within one year of City Council
granting the conditional use permit. VOTE: Ayes 6, Nays 0.
(#12) #2393 RICHARD AND CAROL KAIL , 2917 CASCO PO INT ROAD -VARIANCES , 8:35 p.m . -
8:55 p.m.
The Certificate of Mailing and Affidavit of Publication were noted .
Mr. and Mrs. Kail were present.
Van Zomeren stated the Applicants are proposing to remove an existing carport and construct a
20 by 20 detached garage. Variances are required for side yard setback to allow the garage to
encroach into the 1 0 foot required side yard, with a variance for hardcover being required in the
250'-500' setback . ·
Van Zomeren noted this is a substandard lot, less than 1/5 of an acre, and does not meet the lot
area or lot width standards . Existing hardcover is at 39.4 percent, with the limit being 30 percent.
The existing driveway, which is located on the subject property, also provides access to the
adjacent lot.
Mrs. Kail stated they would like to remove the shed located at the front of the property and erect a
garage where the existing carport is .
Chair Smith inquired whether the existing garage on the adjacent lakeshore property, which is owned
by the Kails, could be added onto .
Mr. Kail noted that if a stall were added to the existing garage, it would give the garage the
appearance of a long barn. Mrs . Kail said she was not opposed to that idea.
McMillan noted the properties are not combined.
Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do
so in the future.
McMillan stated she would be in favor of a oversized one-car garage to replace what is currently there.
Mr. Kail commented a sewer line goes through the middle of the property which reduces possible sites
for the garage .
Mrs. Kail stated a 20 by 20 garage allows for two cars, and inquired whether they could construct a
car and a half garage .
Page 10
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(#2390 David Rahn, continued)
Chair Smith suggested the application may need to be revised because the garage cannot be
accessed without a driveway, noting the Applicant has 657 square feet of available hardcover
remaining. Chair Smith stated the Applicant knew the restrictions of the lot when the property was
purchased.
Van Zomeren stated the Applicant is allowed to go closer to Rest Point Road to stay out of the
floodplain.
Chair Sm:th stated City Staff is willing to assist the Applicant, and inquired whether he would like
the matter tabled to allow him to submit revised plans.
Rahn stated he would like the matter to be put before the City Council.
Chair Smith noted the City Council has the option to approve or deny the application.
Rahn inquired whether the property being located in the floodplain would be considered a hardship.
Chair Smith stated the Planning Commission applies the codes as uniformly as possible to all
properties, noting some properties are not able to accommodate all the wishes of the property owner
but have to stay within what is acceptable for the neighborhood and City.
Berg noted the Planning Commission is becoming more restrictive on hardcover in an attempt to
comply with the ordinances.
Smith moved, Hawn seconded, to deny Application #2390 as proposed for property located
at 1385 Rest Point Road. VOTE: Ayes 6, Nays 0.
(#11) #2392 THOMAS BERSCHEID, 1365 REST POINT ROAD -VARIANCES, 8:28 p.m. -8:35 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Mr. Berscheid was present.
Weinberger stated the Applicant is requesting a conditional use permit to construct a detached garage
on a through lot and a variance from lot setback requirements for an accessory structure. A
conditional use permit is required for accessory buildings located on through lots in R Zoning Districts.
Berscheid stated he is interested in constructing a loft above the garage with plumbing, and inquired
whether it is permitted under the ordinances.
Weinberger stated a conditional use permit will be required for a guest house.
Chair Smith stated the Applicant would need to apply for a conditional use permit.
Lindquist stated the Planning Commission cannot approve a conditional use permit to install
plumbing in an accessory structure at tonight's meeting.
There were no public comments.
Weinberger noted the proposed structure meets the lot requirements.
Page 9
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(#2393 Richard and Carol Kail, continued)
Van Zomeren stated the typical parking stall is 9 by 20 feet and they could construct a 12 or 14 by 20
foot garage.
McMillan stated she would be in favor of a 12 or 14 by 20 foot garage.
Mr. Kail commented they lost some land when the road was improved in the area.
Stoddard stated he would be in favor of a 14 by 20 foot garage.
Van Zomeren noted there is a required ten foot setback from the house to the garage.
McMillan inquired whether the applicants would be in favor of an attached garage.
Mrs. Kail replied no.
There were no public comments.
Lindquist inquired whether the applicants were comfortable with adding a 14 by 20 foot garage.
Mrs. Kail commented a 14 by 20 foot garage is better than what is currently there.
Van Zomeren stated the proposed garage would leave a 20 foot depth for a side-loading garage/drive
which is ten feet short of the preferred minimum of 30 feet. The side yard setback would be 1 0 feet.
Lindquist stated he would be comfortable with the 1 0 foot side yard setback and a maximum of 50
additional square feet in hardcover for the driveway.
Chair Smith noted the 1 0 foot side yard setback is required because the two properties are not
combined, and if sold as separate lots, they would be in conformance with the ordinance.
Lindquist moved, Smith seconded, to approve Application #2393 for the property located at
2917 Casco Point Road, with the understanding the proposed garage will be constructed
1 0 feet off the side yard and rear yard setbacks, a maximum of 50 square feet of hardcover
will be added for driveway, the existing shed and concrete will be removed and replaced
with a 14 by 20 foot garage. VOTE: Ayes 6, Nays 0.
(Recess was taken from 8:55 p.m. -9:03 p.m.)
(#13) #2394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE -
VARIANCES, 9:03 p.m. -9:23 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Gary Birnbaum and a representative from C. Peter Pearson Company were present.
Van Zomeren stated the Applicants are requesting a hardcover variance and side yard adjacent to
street variance. The Applicants are also requesting to have access off of Lydiard Avenue to reduce
the amount of hardcover for the driveway. This property is located in the LR-18, which has a one
acre minimum lot requirement. The property is comprised of two lots, Lot 1 consisting of .51 acres·
and Lot 2 consisting of .38 acres.
Van Zomeren noted the property was granted a lot area variance on November 10, 1997, and one of
Page 11
ORONO PLANNING COMMISSION MEETING
MINUTES FOR JULY 20, 1998
(#2394 C. Peter Pearson Company, continued)
the conditions of the Resolution was that no further variances be granted for Lot 1 or Lot 2. The
proposed residence, driveway and sidewalk exceed the 25 percent limit for hardcover in the 75'-250'
setback.
Staff recommends the Planning Commission limit the application to what was previously approved by
the City Council.
The representative stated if access is granted off of Lydiard Avenue, the hardcover would be
reduced to 29.2 percent, and if access if off of Kelly Road, the hardcover would be 33.5 percent, with
25 percent being allowed.
There were no public comments.
Van Zomeren noted two letters were received by the City, with copies being given to the Applicant.
Chair Smith stated one letter is dated July 20 from Dan Griesbach and one dated July 16 from
Richard Rice. Chair Smith noted both letters express concerns about access off of Lydiard, citing
possible erosion, loss of park habitat, and the road condition of Lydiard Avenue. Chair Smith inquired
whether access would be coming off of the public beach.
Van Zomeren stated if access is off of Lydiard Avenue, it would be on park property. Van Zomeren
noted the Park Commission was not in favor of access off of Lydiard Avenue. Staff is not
recommending access off of Lydiard Avenue.
Birnbaum stated the fence limit access off of Lydia rd is only there for six months of the year and
if access is granted, the environment would not be altered. Birnbaum stated the road does not need
to be asphalt.
McMillan stated she was 100 percent behind the City Council's recommendations, noting the
restrictions for this property were known and clearly spelled out when the property was subdivided.
Stoddard stated he was not in favor of overruling the City Council's Resolution. Stoddard noted the
Park Commission has discussed the possibility of closing Lydiard Avenue year-round.
Chair Smith stated if action is taken on the proposed application, the Planning Commission will
probably deny it, or the Applicant may wish to have the matter tabled until revised plans can be
submitted.
Birnbaum stated this property is presently unbuildable with the restrictions imposed.
Chair Smith noted the City Council stated they would not grant further variances for this property.
McMillan commented the City Council dictated the conditions under which this lot could become
buildable and the Applicant needs to comply with those requirements.
Birnbaum requested the Planning Commission act upon this application.
Smith moved, McMillan seconded, to deny Application #2394 for property located at
2697 Kelly Avenue. VOTE: Ayes 6, Nays 0.
Page 12
SURVEY FOR: RICHARD & CAROL KAIL
' I 1-K 2o' ~ar~ S<-
As r-ec.ol"'\~ded '°'f
1>l~nnt~45
CorY'\M\.SSt<:)r\
·.··
...
. . ...
:·• •.:: ...
/
... .. ..... . . ...
/
·.··
.···. . . ...
·.•·
.··:
.··· . . . ...
( ~ov
of-
:·• ... ... ... /
G / ·.··
...
.. ...
:·•
·-·": ...
... ... .. . . . ...
··.
·.··
. . ...
:·• ... ... ...
63036-001 544/64
{89-26)
I -•-SCHOELL &: MADSON, INC.
ENGINEERS • SURVEYORS • PLANNERS
SOIL TESTING • ENVIRONMENTAL SERVICES
10580 WAY'ZATA BOULEVARD, SUITE 1
MINNETONKA. MN 55305
I
30
(612) 546-7601 FAX:546-9065
0 -30 60 90 / ____ ,.;.._-----=;,
Scale in Feet
DESCRIPTION:
Lot 108, Spring Pork •
GENERAL NOTES:
1. • -Denotes iron monument found.
2. 0 -Denotes iron monument set.
3. D -Denotes concrete surface •
4. Revised 7-2-98 to show cone. walk, proposed
garage, 929.4 contour loc. & adjacent garage •
This drowin9 hos been checked and
reviewed this ,:Z,,, d day of
byJ~~•
I hereby certify that this survey was
prepored under my supervision and that
I om a Licensed Land Surveyor under the ~og~
Theodore D. Kemna ...
Date: Moy 21, 1998 License No. 17006
II
II
RUN DATE 06/17/98
BATCH .503
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 20-117-23 31 0022
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN S.5323
38 20-117-23 31 0028
02910 CASCO POINT RD
PHILLIP & BETTY NICCUM
PHILLIP J NICCUM
2910 CASCO PT RD
WAYZATA MN S.5391
38 20-117-23 31 00.50
0292.5 CASCO POINT RD
JOE VOCHKO
JOE VOCHKO
292.5 CASCO POINT RD
WAYZATA MN .55391
38 20-117-23 31 00.53
0289.5 CASCO POINT RD
RICHARD G HELSTROM ETAL
RICHARD G HELSTROM
2895 CASCO POINT RD
WAYZATA MN 5.5391
38 20-117-23 31 0072
02912 CASCO POINT RD
MD BARRETT & D M BARRETT
MICHAEL D BARRETT
2912 CASCO POINT RD
WAYZATA MN S.5391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 20-117-23 31 0026
02900 CASCO POINT RD
D SIGAFOOS ETAL
DONALD SIGAFOOS
2900 CASCO PT RD
WAYZATA MN S.5391
38 20-117-23 31 0048
02933 CASCO POINT RD
AUDREY A GALLISTEL
AUDREY GALLISTEL
2933 CASCO POINT RD
WAYZATA MN .55391
38 20-117-23 31 00.51
0291.5 CASCO POINT .RD
RC KAIL & CL KAIL
RICHARD C KAIL & CAROL KAIL
2915 CASCO POINT ROAD
WAYZATA MN S.5391
38 20-117-23 31 00.54
02879 CASCO POINT RD
L D & KE ELSEN
LAWRENCE D & KATHERINE ELSEN
2879 CASCO POINT ROAD
WAYZATA MN S.5391
TOTAL BATCH .503 00013
REPORT NO. PI43.5401
PAGE 6
38 20-117-23 31 0027
00038 ADDRESS UNASSIGNED
HENNEPIN FORFEITED LAND
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN .55323
38 20-117-23 31 0049
02927 CASCO POINT RD
FREDRICK JOHN HEY ET AL
F J HEY & HA FRAMPTON
2927 CASCO POINT RD
WAYZATA MN S.5391
38 20-117-23 31 00.52
0290.5 CASCO POINT RD
SHARON TRIPP
SHARON TRIPP
2905 CASCO POINT RD
WAYZATA MN .55391
38 20-117-23 31 0055
02917 CASCO POINT RD
RC KAIL & CL KAlL
RICHARD KAIL & CAROL KAIL
2917 CASCO POINT RD
WAYZATA MN S.5391
H
II
II
RUN DATE 06/17/98
BATCH 503
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY.OWNERS LIST
REPORT NO. PI435401
PAGE 7
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. 'I' , ;(} , , , w ~
DATE~"l~SJlg BY {f12( ' )
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss.
)
CITY OF ORONO )
I, Mary Ann Johnson, of the City of Orono , Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of #23 93, was mailed to the
attached list of property owners .
In Witness Whereof, I have hereunto set my hand and seal this 8th day of July, 1998 .
CITY of ORONO
Date: July 7, 1998
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
VARIANCE
Notice of Public Hearing
File #2393
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono is required to send mailed notice to all property owners within 15 O'
of the property located at 2917 Casco Point Road.
The property owner(s) have applied for one or more variances to the Zoning Code
to construct a new detached garage.
The Planning Commission will hold a pubic hearing on:
July 20, 1998
at 6:30 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono, Minnesota.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Elizabeth Van Zomeren at 473-7357. The
proposed plans are available for review by appointment.
Elizabeth Van Zomeren
City Planner/ Zoning Administrator
Telephone (612) 473-7357 • FAX 473-0510
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SURVEY FOR: RICHARD & CAROL KAIL
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63036-001 544/64
(89-26)
I -e-SCHOELL & MADSON, INC.
ENGINEERS • SURVEYORS • PIANNERS
SOIL TESilNG • EIMRONIAENTAI. SERVICES
10580 WAYlATA BOULEVARD, SUITE 1
MINNETONKA. !AN 55305
l
30
(612) ~6-7601 fAX:Me-9065
0
~ ~
30
Scale in Feet
DESCRIPTION:
Lot 108, Spring Pork.
GENERAL NOTES:
60
1. • -Denotes Iron monument found.
2. 0 -Denotes Iron monument set.
3. D -Denotes concrete surface.
90
4. Revised 7-2-98 to show cone. walk, proposed
garage, 929.4 contour loc. & odjacent garage.
This drowin9 has been checked and
rJ!Viewed this g a cl . ~al of Jti~.M-
I hereby certify that this survey was rrepored under my supervision and that
am a Licensed Land Surveyor under the ~og~
Theodore D. Kemna •
Date: May 21, 1998 License No. 17006
CITY OF ORO NO
2750 K ell ey Parkw a y, P.O. Bo x 66
C ry st a l Bay, MN 553 23
. Phone (61 2)473-7357 Fa x 47 3-
0510
. T he Planning C omm i ss ion w ill h·o Id
pu bli c hearing s In the Counc il Ct1 an1bers at
278 0 Kelley Parkway on Monday . July 20 .
1998, be gin ning at _6:30 p.m . on the rnaner of
revJewin g the followin g land use appilcat1ons :
. 1. 11238 1 Busse Con struc tion. on behalf
' of James Jo hnson,.4300 Water t own Road
· and Charles Larson, 4285 6th Av enue
North , req ues t s a conditional use pe rmi t to
all ow construction of a berm .
· 2 . 112382 Busse Construct ion. on behalf
of Tim O tten. 425 Tu rn h am Road . requests
a co nditiona l use perm i t to allow l an d ·
· alterati on . ·
3 . #238 5 Ste phanie Kroe g er, 34 65
Crystal Pl ace . req uests a sid e yard setback
an d hardco ve r varian c es to rem ove . an·
existi ng garage to buil d a new garage .
. 4 #2386 Busse C~nstruction , on behalf
of Kaiherine Col grove_ 4_260 6th Ave _nue
No .rt h , requests a cond iti onal use per 111 11 fo r
. land alterati on .
, 5 . #2387 Buss~ Co nstructi~n. on behalf
o(Bo b Gehrman . 4300 6th Avenue North .
req uests a cond i tional use pe rmi t for land
altera11o n .
Ir 6. #2389 Dan iel J . Klutn . 2801 Fox
St reel , requests a con ditional use permit 10
1 allow plum bing in an accessory structure .
1 .
\ 7 . 112390 Da vi d Ra hn , 1385 Rest
Point Road . requests variance s l o r
hardcover, ya rd se tba cks . an d conditi onal
use permi t 10 co nstruct a new de ta che d
garage and sidewalk.
8 . #2391 Evan An ders on . 1260
Spruce Place . requests _a har d cover
variance to co nstruct a new patio and gar age .
9. 112392 Tho mas Ber sche id. 136 5
Rest Point Road . req ue sts a con diti on al
us e permit to construct a detached garage on
a through lot.
10. 112393 Richard and Carol Kail . 2917
C as co Po int Road , reques ts har dcove r
an d setback va ria nces to constr uct a new
gar age .
\ 11. 112394 . C . Pete r Pears on Co . on
behal f of Gary an d Bonn ie Birn baum , 26 9 5
Kelly Avenue , ·,cqu<>st a hardc over var ia nce
and side yard adjace nt to stre .,, «>tback
variance to cons truct a new residence OJJ a
. vacant lot. · ·
. . 12 . #2395 Brent Bentro n . 1453 Park
Drive . requesis a si d e y a rd . se tb ack
. variance , and 1 o· vacation of the adiacent fire
lane 10 ·construct a new detache d gara ge an d
' replace a deck .
13 . #2396 Cl int an d J ody Mor ris on ,
3510 B ay side Road . request a lot _area and
average lakesh or e set back v anan c e to
remove th e existi ng residence and construc t
a new re sid ence .
. . 14 . 112397 -Joe. and Leslie Lucas . 1060
·' North Brown Road . ·request a side yar d
setb ack variance · to constr uci an addi tio n to
an ex isting residence .
All pe rsons wish i ng 10 be hea rd ar e
· encouraged to atten d this meetin g . Wrinen
comments are sol icited . Plans are ava 1lable
. ,n the City Olfices for review. by ap pointment.
For an'.appointment. call ·4 73 · 73 57 .
I Cny of Oron o
By: Plannin g Commiss,011
Elizabe th Van Zome ren
City Plan ner/Zo ning Admin istrator
(Publishe~ in The Laker and Pioneer July
4, 1998) ·
:·::· ,:-:--,·. :-:.. ·-•.· -c ·-:-~---
-... ,_ .-, ___ ....... •, ·.;,,.)
Affidavit of Publication
State of Minnesota, County of Hennepin .
Bill Holm, being duly sworn on oat h, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER , Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A .) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
.Statute 331A .02, 331A.07, and other applicable
laws, as amended. ·
B.) The printed Land Use Applications
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks:
It was first published Saturday
the 4 day of_--=J---'u=l;..,y.__ __ 19..2..a._ I
and was thereafter printed and published every
Saturday, to and including Saturday,
the._d&i/L--19_;
Authorized Agent
Subscribed and sworn to me on this
4
By:
(1) Lowest classified rate paid by commercial users
for comparable space : $12 .90 per inch.
(2) Maximum rate allowed by law for above matter : $12.90 .
(3) Rate actually charged for above matter: $7.19 per inch .
Each additional successive week : $5.14 .
July 1, 1998
Richard and Carol Kail
2917 Casco Point Road
Wayzata Minnesota 55391
RE: Application #2393
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Notice of Incomplete Application
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City of Orono has received your land use application. Staff is required to notify you if your
application is incomplete. Your application has been preliminarily reviewed and the following
information is needed by July 8, 1998 to remain on the July 20th Planning Commission meeting.
1. Survey that shows the proposed garage and adjacent structures and hardcover setbacks.
The Building Official has informed me that if your proposed garage is less than (3) three feet from
the property lines, no overhang will be allowed and a 1 hour fire wall will be required.
If you are having difficulty obtaining this information by the above date, please contact the staff
person assigned to your application as soon as possible at 473-7357. The staff person assigned to
your application is Liz Van Zomeren:
J?;;ely,\IJ'
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
EAV/jlg
Telephone (612) 473-7357 o FAX 473-0510
~~
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CAROL L. KAIL REALTOR 75-14261910 ~ 12 5 4 0 ~
RICHARD c. KAIL 2247377 .· -1
2915 CASCO POINT RD. PH. 471-7415 .~ff ~
WAYZATA, MN 55391 c/l)1!1!J: TO
~4 j).:i,®'rw · ~ · $ ?c. o o/ ;1J.0~orderof -~.c..MC"""-.c;_a_-------l ~tJ,· /~ ~~-----~~~I =,, ,_,='""'"'"". ~ •. J • ':£~••'· • .. l.!J o,oa,~Ood
ANCHOR~ BANKNATIONALASSOCIATION eriftlime
lf(l#/!l!ll)v~qy ----~ ✓~d ~
2 S'-tO
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. T.he 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
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
on yourself.
6. Your full name is required to process this application or permit.
First
2917
Address
City
Signature
Middle Last
State Zip
t(.
l'o> Telephone (6U) 47'3-7357 • FAX 473-0510
10
Phone
Sec.13.04 RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individual on whom the data is stored or
to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individual. An individual asked to supply
private or confidential data concerning himself shall be informed of: (a) the purpose and
intended use of the requested data within the collecting state agency, political subdivision, or
statewide system; (b) whether he may refuse or is legally required to supply the requested data;
( c) any known consequence arising from his supplying or refusing to supply private or
confidential data; and ( d) the identity of other persons or entities authorized by state or federal
law to receive the data. This requirement shall not apply when an individual is asked to
supply investigative data, pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice required under this subdivision in
the individual income tax or property tax refund instructions instead of on those forms. -
Subd. 3. Access to data by individual. Upon request to a responsible authority, an
individual shall be informed whether he is the subject of stored data on individuals, and
whether it is classified as public, private or confidential. Upon his further request, an
individual who is the subject of stored private or public data on individuals shall be shown the
data without any charge to him and, if he desires, shall be informed of the content and
meaning of that data. After an individual has been shown the private data and informed of its
meaning, the data need not be disclosed to him for six months thereafter unless a dispute or
action pursuant to this section is pending or additional data on the individual has been collected
or created. The responsible authority shall provide copies of the private or public data upon
request by the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the copies.
The responsible authority shall comply immediately, if possible, with any request made
pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays,
Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with
the request within that time, he shall so inform the individual, and may have an additional five
days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.
Subd. 4. Procedure when data is not accurate or complete. An individual may
contest the accuracy or completeness of public or private data concerning himself. To exercise
this right, an individual shall notify in writing the responsible authority describing the nature
of the disagreement. The responsible authority shall within 30 days either: (a) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual; or (b) notify the individual that
he believes the data to be correct. Data in dispute shall be disclosed only if the individual's
statement of disagreement is included with the disclosed data.
The determination of the responsible authority may be appealed pursuant to the
provisions of the administrative procedure act relating to contested cases.
11
Design #: 94510
***Take this list to a friendly Menard associate at the Building Materials counter.
These are the materials you have selected:
Garage plan to assist in construction
two car garage
6/18/1998
one 16 1x 71 overhead door
81 high walls
Illustration may depict options not included.
20 1 wide x 20 1 deep, eave entry
4/12 pitch roof design w/trusses
011 gable/12 11 eave overhangs
7 /16 11 41x 81 O.S.B. Roof Sheathing
20 yr. Fiberglass Classic, Onyx Black shingles
White Roof Edge
White rasied panel non-insulated
Textured Hardboard Lap 7 /16-12 11 x16 1
7 /16 11 41x 81 O.S.B. Wall Sheathing
Standard pine facia and soffit
Miscellaneous Windows
T oday1s cost for materials estimated in this design: $2149 .59
CITY of ORONO
TIME:
TO:
AT:
PHONE: 54(a-~{cOl
Street Address:
2750 Kelley Parkway·
Orono, MN 55356
FAX COVER SHEET
re.:
FROM: LIZ VAN ZOMEREN
Municipal Offices
GITY PLANNER/ZONING ADMINISTRATOR
CITY OF ORONO
PHONE: 473-7357 FAX: 473-0510
Number of Pages Following Cover Sheet: l --
NOTES:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
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Telephone (612) 473-7357 • FAX 473-0510
•8 Jul 02 07:51 :02 F:\SUR\63036\001163036001 RICW
SURVEY FOR: RICHARD & CAROL KAIL
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TRACKING SHEET
FILE NO. l:>~
Staff: Vdn moe.x-e.n
Applicant: Rtch(lfd o.nd m(t)l ~i•
Address: ~l\l'l Ca,sLJ) fbi~~ Rd · WO.~
Meeting with Staff:
Date Application Completed: ..l\l\1 I'S
Incomplete Notice Sent:
Date Property Owners Notified:
Date Legal Notice Published:
PC Meeting(s): Jul"! 20, (qqe
Notice of PC Action: Jul'-\ ZJ
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City Council Meeting(s): AU6 lD \ql\g
D Resolution
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