HomeMy WebLinkAboutProject PacketMD-i"UTESOFTHE
OROKO CITY COUNCIL MEETING
M onday, September 22, 2003
7:00 o'clock p.m.
*12. #03-2942 GEORGE Al'ID .'.\L..\RIL YN l\IlLEUSNIC, 3243 CASCO CIRCLE -
CO~'DIDONAL USE PER.J.WT -RESOLUTION NO. 5052
Murphy moved, White seconded , to adopt RESOLUTION NO. 5052, a Resolution granting a
Conditional Use Permit to construct a 4' boulder retaining wall within the 0-75' setback zone
to replace a failed 8' retaining wall which will be situated 4'-10' closer to the OHWL of Lake
Minnetonka than that of the failed wall in order to maintain a 2:1 slope for the property
located at 3243 Casco Circle. VOIT: Ayes 3, Nays 0.
13. #03-2943 ROBERT AND J_-\J."'\r:T LABALT, 3202 NORTH SHORE DRIVE -
VARLi\l~CE
Sansevere moved, White seconded, to table Application #03-2943, Robert and Janet
Labalt, 3202 North Shore Drive~ at the applicant's request. VOTE: Ayes 3, Nays 0.
-*14 . #03-29 44 JONATHON l\lE~TH, 2930 CASCO POINT ROAD-VARIANCES-·
RESOLUTION NO. 5053
Murphy moved, White seconded, to adopt RESOLUTION NO. 5053, a Resolution
granting a hardcover variance _to reconstruct a 26'X10' deck in the exact location of
the pre\'ious deck, with the exception that the staircase be moved within the footprint
of the deck and not extend beyond the footprint of the deck to be removed for the
property located at 2930 Casco Point Road. VOTE: Ayes 3, Nays 0.
*15. #03-2946 CLIFFORD L. OTTEN, 2350 WEST WAYZATA BOULEVARD -
CONDITIONAL USE PER1'1IT -AGREEMENT
Murphy moved, ·white seconded, to approve Amendment Number 2 to the Planned
Unit Development No. 1 Agreement for East Willow Woods to allow construction of a
greenhouse roof system over a small portion of the property between the existing
pdncipal structure and the greenhouse roof system approved in 1998 for the property
located at 2350 \Vest Wayzata Boulevard. VOTE: Ayes 3, Nays 0.
*16. #03-2949 DOUG OLS00 .-\J."'\-:0 BARB BOWERS, 2601 \VEST LAFAYETTE
ROAD-VARIANCE-RESOLUTION NO. 5054
Murphy moved, \Vhite seconded, to adopt RESOLUTION NO. 5054, a Resolution
granting an average lakeshore setback variance in order to construct a 2 nd story
addition above the existing lhing space at 2601 \Vest Lafayette Road. VOTE: Ayes 3,
Nays 0.
l\L<\.YORICITY COUNCIL REPORT
White suggested that it would :,e 2.?propriate to recognize the Dog Days of Navarre
Committee by Resolution. With regard to shortening the parking lot at the Casco Point Ice
Rink and enlarging the field, he acded that as many as 10 plus cars were parked at the lot
Page 7 of 16
CITY OF ORONO
2750 Kelley Parkway
P.O. Box66
Crystal Bay, MN 55323
(952) 249-4600
TO: Jon A. Menth
2930 Casco Point Rd
Wayzata, MN 55391
TYPE OF APPLICATION:
ZONING FILE: #03-2944
NOTICE OF COUNCIL ACTION
DATE OF NOTICE: September 23, 2003
COPIES:
Variance
DATE OF MEETING: September 22, 2003 VOTE: 3 FOR O 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 September 22, 2004.
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.
Date Application Received: 8-19-03
Date Application Considered as Complete: 8-19-03
60-Day Review Period Expires: 10-19-03
REQUEST FOR COUNCIL ACTION
Date: September 19, 2003
Item No.:
Department Approval:
Name: Janice Waataja~
Title: City Planner
Administrator Approval: Agenda Section:
Zoning
Item Description: #03-2944, Jon A. Menth, 2930 Casco Point Road-Variance -Resolution
Zoning District:
Lot Area:
List of Exhibits
LR -1 C, One Family Lakeshore Residential District (½ acre minimum)
0.348 acres (15,156 s.f.)
A Resolution per Planning Commission Recommendation
B -PC Action Notice 9-15-03
C -PC Memo and Exhibits of 9-11-03
Application Summary: Applicant requests the following variance to reconstruct a 26 x
10' deck on a property that is currently over the allowable hardcover amounts.
1. Hardcover variance to allow 48% hardcover in the 75-250' zone when 25% is
normally required and 48.5% currently exists.
Staff Recommendation: Staff recommendations:
1. Approval based on the condition that the deck is replaced in the exact location of the
previous deck (26' x 10'), with the exception that the staircase be moved within the
footprint of the deck and not extend towards the southwestern property boundary and the
patio existing beyond the footprint of the deck be removed.
Planning Commission Recommendation
Approval consistent with staffs recommendation. This stipulates that any patio existing beyond the
foot print of the deck be removed, however, if it is discovered that a perimeter foundation exists and
the integrity and stability of the remaining patio would be compromised if such foundation is
removed, then, the entire patio can remain.
Staff Recommendation
Approval per the attached Resolution.
COUNCIL ACTION REQUESTED
Adopt the attached Resolution granting hardcover variances for 2930 Casco Point Road.
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-282 AND SECTION 78-1288 (b)
FILE NO. 03-2944
WHEREAS, Jonathan A. Menth and Carol Jean Menth, husband and
wife, and Esther E. Menth, life estate holder (hereinafter "the applicants") are the owners
of the property located at 2930 Casco Point Road within the City of Orono (hereinafter
the "City") and legally described as follows:
Tract N, Registered Land Survey No. 0461, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a variance to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b)
to allow reconstruction of a deteriorated deck constituting excess hardcover in the 75-
250' lakeshore setback zone.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #03-2944.
2. The property is located in the LR -1 C, One Family Lakeshore Residential
District, which requires a minimum lot area of 0.5 acres where the subject
property is 0.348 acres.
3. The Planning Commission reviewed this application at a public hearing
held on September 15, 2003 and recommended approval of the hardcover
variance based on the following findings:
a. The deck has existed for a minimum of 20 years on a lot which is non
conforming to the City's hardcover requirements.
Page 1 of 5
b. Hardcover m the 0-75' zone 1s 0%, meeting Zoning Ordinance
standards.
c. Hardcover in the 75-250' zone is 48.5% where only 25% is allowed.
The property contains a patio which can be reduced in size to partially
alleviate the existing hardcover excesses.
d. The applicants have recently removed approximately 500 s.f of non
conforming boathouse hardcover in 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
variance on the health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variance would not adversely affect traffic
conditions, light, air nor pose a fire hazard or other danger to neighboring
property; would not merely serve as a convenience to the applicants, but is
necessary to alleviate a 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 a variance to Orono Municipal Zoning Code Section 78-282 and Section 10-1288
(b) to allow reconstruction of a deteriorated second story deck, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the applicants 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 0% level. Hardcover in
the 75-250' zone shall be limited to 3,838 s.f. or 46.4% per the proposed plan and
Page 2 of 5
hardcover allowance summary as depicted on Exhibit A, except that removal of
the patio shall not be required if the applicant confirms to the satisfaction of the
Building Official that removal of any existing patio perimeter foundation will
compromise the stability and integrity of the remaining patio. The applicants are
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 reductions in existing
hardcover.
3. The applicants shall remove all plastic or fabric liner material from any decorative
landscape beds on the property to ensure their permeability as non-hardcover
surfaces.
4. Required removals of hardcover shall be completed by footing inspection.
5. 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 (September 22, 2003).
6. 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.
7. 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,
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 22 nd day of September, 2003.
Page 3 of 5
ATTEST:
Linda S. Vee, City Clerk
Property Owner( s)
Life Estate Holder
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this _ day of
____ , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this _ day of
___ , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 5
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this _ day of _____ , 2003
by _______ , husband of _______ , husband and wife.
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this_ day of _____ , 2003
by _______ , wife of _______ , husband and wife.
Notary Public
State of Minnesota )
) ss.
County of Hennepin )
This instrument was acknowledged before me this _ day of _____ , 2003
by _______ , life estate holder.
Notary Public
Page 5 of 5
-" l .. J
EXHIBIT A
I
CCRJ'Jli7CA7E OF Sf/BPEY -P.RCPAREJJ RJJ? /&W /.
/~_,..,._,, Nr. Jon
N
'
A.
£ego/ LJescription
~ i947.8 ~ \,~ /
~ ~
<l,~ ~fl~
.Uent./J
Tract H, .Registered Land Survey Ho. 46./
0 ~ '/ ·~ ~
t.Ci ,,/10
t~ l946.2 ,\)\)
~..,, o-.,.
-...____,_,,,
" / ~ / ,r;s / t
··-..___
9,,5,4.
9 _,,,.,
I I
I I .;.. "" "::,--·,s
I
'\
I ',
/~ ",
I '-""'"
~J,~~'¥( ···co_.~
:9 <5'.:;,,½ -. ··-•• -......
~' _; \<)
9 ~; !:.
•
0
l}enotes /ound iron monwnent 'u,
l}enotes set iron monument
,rOOO.O l}e.ootes ex:isti.og e/eP.
'\1------------..... -------------------------------j I hereby certiq t.bat tb.ls survey pla.n or report 1"M prepared by me Flie No.
· or under my direct :ruperrl:rion and that I am a duly Registered Land 1 IIU9 (BJ DEMARS-GABRIEL
~
LAND SURVEYORS, INC.
3030 Barbor Lan• No.
Plymouth, JlN 55447
Pboae:(763) 559-0908
Fa.r :(7113) 559-0479
Surreyor under the Jsnr~ of the St.ate of Jli.nne!rota.
A., :ru.r,,,yed by me tbJ:r 6th day of June, 2003.
~-~
Da.,.;d E. Crook: Minn. Reg. No. 22414
Book-Page
4)0-25
4111-IJ
Scale
J '=20'
I
+,.p~::o~ ':;tj 6'4-ffe-R L,../Le-;w,-e
<l"'6'<..?f::!5: /fu e Lt,./(,s/,., e
I/, ~' ~l+l:¥ll¥-
. ✓sv>
PAflO
I ~
·7.7 ~
~~~D
V)
-,,.:,.-:, 0-:---_
I
ST,A;J~t-TO & R:cw,. r:
~.,..... ·Oc9 c?<.9, .,.... ,.;:-.,, ---
/,p-
l
-.'2
& (,}
"' f>J· zy
I
I
' I , ___ \ /I/
~ /I
res-11.2'
~-tz.(/
~ ~ ' ~ ~ ~ ~ ~
~ ~ ~ ~ Co ~ ,,
~ ~
~ j
. (tj ~ ~ ~
l:i' '!i
~
§
'<j
CITY OF ORONO
2750 Kelley Parkway
P.O. Box66
ZONING FILE: 03-2944
Crystal Bay, MN 55323
(952) 249-4600
NOTICE OF PLANNING COMMISSION ACTION
DATE OF NOTICE: September 16, 2003
TO: Jon A. Menth
2930 Casco Point Road
Wayzata, MN 55391
COPIES:
TYPE OF APPLICATION: Hardcover Variance
DATE OF MEETING: September 15, 2003
Planning Commission recommended as follows:
Approval to replace a 10' x 26' deck consistent with staffs recommendation. This
stipulates that any patio existing beyond the footprint of the deck be removed, however, if
upon attempts to remove the patio it becomes apparent that the patio in its entirety is
needed to uphold the integrity of the remaining patio the entire patio can remain.
VOTE: 6 FOR 1 AGAINST
Applicant's next scheduled meeting is confirmed as:
City Council -Monday, September 22, 2003; 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 Waataja
at 952-249-4623.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2003
6:00 o'clock p.m.
(#10 #03-2943 ROBERT AND JANET LABALT, Continued)
Gaffron stated that the stakes appear to be on the easement line and property disputes
cannot be determined by the City:
Mabusth moved, Chair Smith seconded, to recommend denial of Application #03-
2943, Robert and Janet Labalt, 3202 North Shore Drive, denying the proposal due to
the increases in structural coverage beyond what is allowed by Ordinance. VOTE:
Ayes 7, Nays 0.
(#11) #03-2944 JONATHON MENTH, 2930 CASCO POINT ROAD, VARIANCES,
9:00 -9:26 P.M.
Jonathon Menth, the Applicant, was present.
Waataja reported that the applicant requests the following variance to reconstruct a 26 x
1 O' deck on a property that is currently over the allowable hardcover amounts.
1. Hardcover variance to allow 48% hardcover in the 75-250' zone when 25% is normally
required and 48.5% currently exists.
The applicant submitted plans to rebuild an existing deck; however, prior to submitting ·
plans for a variance the existing deck was removed. Waataja stated that there was no
building permit for the deck and therefore staff is unable to confirm the decks size. The
survey submitted shows a proposed 26 x 10 foot deck. The latest assessor's records show
a 26 x 6 foot deck. The applicant has stated that he will be replacing the deck that was tom
down and the new deck will be the exact size and shape as the old deck with the exception
of a staircase that will be moved within the footprint of the deck to reduce hardcover.
Because the deck is being replaced over existing patio staff will assume the applicant is
merely replacing the 26 x 10 foot deck, not anything larger.
The applicants are required to apply for a hardcover variance because the existing property
is over on hardcover. A patio currently exists under where the deck is proposed and
therefore hardcover amounts will not change on the property. The deck that was there
prior to demolition included a staircase that extended towards the side property line. The
new plans for the deck replacement show the stairs moved within the footprint of the deck.
Because the previous staircase was not over the patio, hardcover is being reduced by 40
square feet with the relocation of this staircase.
Waataja indicated that staff recommends:
1. Approval based on the condition that the deck is replaced in the exact location of the ·
previous deck (26' x 10'), with the exception that the staircase be moved within the
footprint of the deck and not extend towards the southwestern property boundary and the
patio existing beyond the footprint of the deck be removed.
PAGE 19 of25
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, September 15, 2003
6:00 o'clock p.m.
(#11 #03-2944 JONATHON MENTH, Continued)
Menth stated that his parents bought the home in 1991 and that he believed the original
deck, as built in 1967 was 6'X26', however had been enlarged over the years. He
acknowledged that the deck he removed ,vas in poor condition, rotting, and unsafe, while
the patio below was a poured slab and footings in fine shape. He stated that it would be his
desire to replace the deck he tore off and keep the lower patio as is, since he was unsure
whether removal of the footings around the edge of the patio might jeopardize the integrity
of the whole slab.
Zugschwert inquired what size the deck was that the applicant tore off.
Menth stated that it was probably closer to 8'X26' than his proposed 10'X26'. At the time
he removed the deck, Menth pointed out that he also had removed railway ties in the 0-75'
setback zone in an effort to reduce hardcover and clean up the shoreline.
Rahn stated that he was confused by the size of the lower patio, as well as, the upper deck.
Menth stated that the lower patio was surrounded by a pea gravel type rock which made
the edge somewhat undefined.
Rahn questioned whether the deck and patio should be reduced to the original 8'X26'.
Bremer empathized with the applicants concern that if the slab patio was cut back and the
footings removed, it might jeopardize the integrity of the whole patio.
Upon doing some soil correction himself, Menth made note that the perimeter of the patio
slab seemed to have a foundation of sorts under it.
Hawn too, believed the patio should be cut back unless it compromised the integrity of the
slab and questioned how they would determine this.
Bremer stated that she could support the proposed 10'X26' deck.
Hawn asked where the 1 0'X26' proposal came from.
Mabusth pointed out that the proposed 10'X26' deck does not cause any encroachment
problems, or increase hardcover; however, there is already excessive hardcover.
Gaffron suggested they cut off the slab, if the integrity of the slab is in tact, to equal the ·
amount or size of the above deck.
Hawn suggested they table the application to answer the integrity question.
PAGE 20 of25
MINUTES OF THE
ORONO PLANNING COMMISSION :MEETING
Monday, September 15, 2003
6:00 o'clock p.m.
(#11 #03-2944 JONATHON MENTH, Continued)
Menth indicated that he would prefer to move forward this evening in an effort to complete
his project before winter.
Bremer reiterated that she would support the staff recommendation.
Mabusth agreed, reminding the Commission that the applicant does not exceed his
structural coverage allowance, even though his hardcover might be excessive.
Chair Smith stated that whatever the dimensions of the deck, the patio must be cut back to
be in line with the deck.
Bremer and Zugschwert felt 10'X26' was acceptable, while~ Chair Smith, and Hawn
felt 8'X26' was more acceptable. Fritzler recommended a 6'X26' deck based on assessor's
records.
Mabusth reiterated that the application was not a structural question; therefore, there
shouJ. be little to deter approval of the 10'X26' deck, and reduction in kind to the patio
belo' . She questioned what other hardcover could be removed, since the applicant had
alread.y removed railroad ties in the 0-75'.
There were no public comments.
Mabusth moved, Bremer seconded, to recommend Approval of Application #03-2944,
Jonathon Menth, 2930 Casco Point Road, granting approval of a 10'X26' deck based
on the finding that the applicant had removed 512 s.f. of railroad ties from the 0-75',
subject to the patio beneath being removed to be in line "'ith the new deck, thus
resulting in a hardcover reduction, per staff recommendations. VOTE: Ayes 6, Nays
1, Fritzler dissenting.
Fritzler referred to his earlier comments for denial.
(#12) #03-2946 CLIFFORD L. OTTEN, 2350 ,VEST \VAYL.\.TA BOULEY ARD,
CONDITIONAL USE PERMIT, 9:26 -9:30 P.M.
John O'Rath and Will Piper, representatives for the Applicant, were present.
Gaffron explained that the applicant has requested an amendment to PUD-1 commercial
site plan approval to allow construction of a greenhouse roof system over a small portion
of the property between the existing principal structure and the greenhouse roof system
approved in 1998.
PAGE 21 of25
Date Application Received: 8-19-03
Date Application Considered as Complete: 8-19-03
60-Day Review Period Expires: 10-19-03
To:
From:
Date:
Subject:
Chair Smith and Planning Commission Members
Ron Moorse, City Administrator
Janice Waataja, City Planner 'oVJ
September 11, 2003
03-2944, Jonathan Menth, 2930 Casco Point Road
-Hardcover Variance
-Public Hearing
#03-2944
September 15, 2003
Page 1 of5
Zoning District:
Lot Area:
LR-IC, One Family Lakeshore Residential District(½ acre min.)
0.348 acre (15,156 s.f.)
Lot Width: 90 feet
Application Summary: Applicant requests the following variance to reconstruct a 26 x
10' deck on a property that is currently over the allowable hardcover amounts.
1. Hardcover variance to allow 48% hardcover in the 75-250' zone when 25% is
normally required and 48.5% currently exists.
Staff Recommendation: Staff recommendations:
1. Approval based on the condition that the deck is replaced in the exact location of the
previous deck (26' x 10'), with the exception that the staircase be moved within the
footprint of the deck and not extend towards the southwestern property boundary and the
patio existing beyond the footprint of the deck be removed.
Pertinent Zoning Ordinance Sections
Section 10.22, Subdivision 2: Lakeshore Hardcover and Land Alteration Regulations.
Section 10.56, Subdivision 16 (L): Hardcover Limitations.
List of Exhibits
A -Application
B-Adjacent Property Owners' Acknowledgement Form
C -Existing & Proposed Survey/Site Plan
D -Submitted Hardcover Calculations
E -Removal Plan
F -Proposed Plans and Elevations
G -Photograph
H -Assessor's Record
I -Property Owners List
J -Plat Map
Background
#03-2944
September 15, 2003
Page 2 of5
The applicant submitted plans to rebuild an existing deck. Prior to submitting plans for a
variance the existing deck was removed. There was no building permit for this deck and
therefore staff is unable to confirm the decks size. The survey submitted shows a
proposed 26 x 10 foot deck. The applicant has stated that he will be replacing the deck
that was tom down and the new deck will be of the exact size and shape as the old deck
with the exception of a staircase that will be moved within the footprint of the deck to
reduce hardcover. Staff has no way of confirming the size of the deck prior to it being
tom down. The latest assessor's records show a 26 x 6 foot deck. Because the deck is
being replaced over existing patio staff will assume the applicant is merely replacing the
26 x 10 foot deck, not anything larger.
LOT ANALYSIS WORSHEET
Lot Area/Width:
LR-lC Lot Area Lot Width
Required 21,780 s.f. (½ acre) 100'
Actual 15,156 s.f. (0.348 acres) 90.08'
Setbacks:
LR-lC Required Existing Proposed
Front 30' n/a n/a
Rear 30' 30.6' (street) 30.6'
Left Side 10' 15.6' 15.6'
Right Side 10' 14.5' 14.5'
Lakeshore 75' 90' 83.5'
Average Lakeshore 80' 101.5' 91.5'
Structural Coverage:
Total Lot Area Total Structural Coverage
15,156 s.f. (0.348 acres) Allowed: 2,273 s.f. (15%)
Proposed: 2,218 s.f. (14.6%)
Hardcover Calculations:
Hardcover Total Area in Allowed Existing
Zone Zone Hardcover Hardcover
0-75 6,898 s.f. 0 s.f 0 s.f. *
(0%) ( 0%)
75-250 8,258 s.f. 2,065 s.f. 4,008 s.f.*
(25%) (48.5%)
* After exclusion of fabric or plastic-lined landscape beds
Hardcover Variance
#03-2944
September 15, 2003
Page 3 of5
Proposed
Hardcover
0 s.f.
( 0%)
3,968.45 s.f.
(48%)
The applicants are required to apply for a hardcover variance because the existing
property is over on hardcover. A patio currently exists under where the deck is proposed
and therefore hardcover amounts will not change on the property. The deck that was
there prior to demolition included a staircase that extended towards the side property line.
The new plans for the deck replacement show the stairs moved within the footprint of the
deck. Because the previous staircase was not over the patio, hardcover is being reduced
by 40 square feet with the relocation of this staircase.
Hardship Statement
Applicant has provided a brief hardship statement in Exhibit A, 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 Zoninf! Code.
Staff finds that a hardship exists in that the property is over on hardcover with or without
the replacement of the deck due to an 859 square foot patio. The applicants are merely
replacing a deck that was rotted and unsafe and hardcover amounts will not increase. The
Planning Commission should discuss whether the applicant has the right to replace a deck
which has already been tom down and no evidence exists to confirm its size. The
Planning Commission should also discuss whether this is even important due to the
existing patio and that the lot isn't over on structural coverage. Because the 75-250'
hardcover far exceeds the 25% limit, staff would recommend that the existing patio be
reduced in an attempt to reduce hardcover on the property should a variance be granted
allowing the deck to be replaced at 26 x 10 foot size.
#03-2944
September 15, 2003
Page 4 ofS
Staff would make the following recommendations in regards to the criteria for "undue
hardship" pertinent to this application:
1. "The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls."
The property could exist in its current state.
2. "The plight of the landowner is due to circumstances unique to his property not
created by the landowner."
The unique circumstance is that the property had a deck which was non
conforming due to the level of hardcover on the property.
3. "The variance, if granted, will not alter the essential character of the locality."
Both adjacent houses have lakeside decks.
4. "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the Zoning Chapter."
Not applicable
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 1161.06, Subd. 2, when in
harmony with this Chapter."
Not applicable
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."
Decks are permitted uses in residential zoning districts.
7. "The Board or Council may permit as a variance the temporary use of a
one-family dwelling as a two-family dwelling."
Not applicable
8. "The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property."
At some point a deck was build and has been a part of the existing home for some
time. During this time, circumstances which happened on the property have
brought it into non-compliance. This creates a special condition applying to the
structure.
9. "The conditions do not apply generally to other land or structures in the district in
which said land is located."
Some decks are built and at some point come into non-compliance unbeknownst
to the property owner due to other changes which have occurred on the property,
however this does not apply generally to the district.
#03-2944
September 15, 2003
Page 5 of5
10. "The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant."
A substantial property right of the applicant is to continue to have use of a
structure which has persisted on the property for some time. Replacing the deck
due to unsafe conditions becomes necessary for the preservation and enjoyment of
the applicant.
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
Code."
The granting of the proposed variance will not be detrimental in any way.
12. "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 granting of the variance will alleviate the hardship of having a rotted, unsafe
and therefore unusable deck.
Issues for Consideration
1. Because the deck was tom down prior to applying for a variance, and there is no
record of a building permit, should the applicant be allowed to replace the deck 26' x
10' or 26' x 6'?
2. Should the applicant be required to remove any patio in an attempt to reduce
hardcover?
3. Are there any other issues or concerns with this application?
Staff Recommendation
Approval of a hardcover variance for the 75-250' zone allowing a 26 x 10 foot deck to be
replaced subject to removal of a portion of the patio outside the footprint of the deck (see
Exhibit E).
CITY OF ORONO -VARIANCE .APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Rene\val Variance Fee $150.00
(no change from original application)
Variance for non-conforming structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address 2'730 c!a.5~6 /?/>. ;?cl.
EXHIBIT A
Application # 0 S-e?Ef4-L{
Date Received S----IS -03
Amount Paid :$ a--S:-::0, o o
Property Identification Number (P .I.D.) :::2 CJ I 17 < 3 3 I O O 3 '-I
Attach legal description to application if not included on required survey.
Date Pr e~ Acquired .4 ?191,1_5 -r---19 9 I (month/year)
I (do) (do no -also own the adjacent parcels of land.
Presen of property: /residential __ other (specify). _________ _
Zoning District: __________________________ _
APPLICANT ( L; k · EStz-._,~
Name /Y) J:: /1/ T/-1 1 V 0/V
Address: 2--9 .3o cd5" ~-c1 P../ /?a',
O\VNER (if different than applicant)
Name
City:
Phone (home) 9'37:_ t/ 7 /--tJt/t L
Phone (work ?t'L 7tJ 7-7 zc:,?
t!J~tJ '2> zip: ,,--1-sv
2.
Phone (home) _______ _
----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ 56oo ~
Describe · etail: /(emtJ ue 'I-I{,: • Uot/lJ 1o ut':r ::+-(1:,/e i/,&/,
e /_..,::,c:.:r"f(O;'I Pf 7 /.c_ ✓
( attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area --
Setback: Front
Lot Width
Side
~ardcover
Rear
__ Lot Coverage
Average Lakeshore
__ Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing
compliance with Zoning Code requirements: -----------------
(attach additional sheets if necessary)
#~ ,--~~:~ c:~=",
6 ~cJJ
I~~
Jl r.1
·.;:_L:.::~,.:-:.·.· ... :·2 .~1_
~i~.
(
REQUIRED SUBMITTALS
All of the followin2 information must be submitted by the application deadline date in order
for your application to be considered complete:
1. /
2. _L_
3. /
4. . ..-
5. ,/
6.
7.
8.
Completed Application Form
Certified Property Owners List of owners within 150', labels and plat map (you must
obtain this list, labels and map from Hennepin County Department of Finance, A-603,
Govt Center, 348-5910).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing grade
are proposed. In addition, provide one (1) copy 8½" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application.
Additional items as may be requested by City staff. ·
The Applicant · and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or
consultant expenses incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature ______________ _ Date ---------
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the pro~b_Y Ci1?' s~aff, consul~ants,. agents, _Commission members, and Council
members for purp se 9y7"__2,ggn and venficat10n of this request.
j;/,UV C7 7-)7 -{.J 1
Owner's Signature _________________ Date ________ _
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are held on the third Monday of each month.
Applicants must be present at all scheduled review meetings of the Planning Commission and
Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to
have an authorized agent attend in your place and to advise the Building & Zoning Office of this
change prior to the meeting. , ,
.,-.~ ... ':>, ..
·.\ 7 7
EXHIBITB
;/ Adjacent Property Owners' Acknowledgement Form
I (we) (5eo1( Jkjt[€7({, ~d of Z#o Qf;i:;o{atlf ftJtP
[pnnt name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
7!1}0 ·yt;SCo /bJl(ffbt/>also referred to as Land Use Application No. ____ .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I
(we) am (are) aware of the improvement plans and that the proposed neighbor's project or use
· s Council approval.
Dafu 7
Property Owner Date
\ ******************************************************************************
I (we) 5.4/1/~ s-t-~cf4f( l-/c#e?-1'7'1TJ/V of ZCJza (#s~ ;ti,,,/Vz: 7.,4e;
[print name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
Z-9 .Yo ~ Pa:--v &ti also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I
(we) a~}--aware of the improvement plans and that the proposed neighbor's project or use requi~:
Property Owrier
,/~ &~ ££/4 __
ro e wner
l Date·
/ Date
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days prior
to the scheduled meeting date. t.
zi1.
--~:.. .. ;.-:_;\;;._·t:t::r.
u
E-<
'"'"' !
~
I
C£/?JYnCA1E OF Sl/RVEY -PBCPAB&) RJR-
/ x9-18.I
~!,,, ). I N.r. Jon A. Nent/J I~~"'
N
j
Lege.I ./Jescr.iption
~ \ I/
-~ ~
()~ ~ ', &)· ~
-4>
Tract H, .Registered La.nd Survey Ho. 46/ 0 ~
tY / ,f"/x/946.2
,,4,> .J'd,_,../4,~
Zxisting Herdcover (0'-75}: 0%
Perce/ Ares
(in zone) = 6,8982 sq. ft.
Zxisting Hardcover (75'-250}:
House = .1,9584 sq. ft.
Blecldo_p = 6.18 7 sq. ft.
Concrete = 53./. 6 sq. ft.
J'otal = 8,./08 7 sq. ft.
Parcel Ares
(jn zone) = 8,257.8 sq. ft
Hardcover = 0. 37 (37. 6%)
J'ote.l Perce.I Ares = ./5,./56 Sq. Ft.
Proposed Hardcover (75'-250}·
House = .I, 958 4 sq. ft.
£Jeck = 2.1.9. 6 sq. ft.
B.lac.kto_p = 6.18 ?' sq. ft.
Concrete = 2./.9. 6 sq. ft.
J'ota.l = 8,0./6.3 sq. ft.
Perce.I Ares
(in zone) = 8,257. 8 sq. .ft
Proposed Hardcover= 0.365 (36.5.:::;J
7/09/03
~,"---------I
,,10.4X
/!'
/
-~ .~
'
-~-9· ,}
,.fJ
t \J
~
~-~ I
I
I
4-...9~6"'
f ~ '() /* --()~
() 'z, ~ ,~-,"" ~ 'i"
$ ' ~, 1."< '-''1
' /.i_ "' ~ ' ' ~?7 ",-/ "'~ I I I ~ ~ . I \ -a ~I .
. ' I ""•✓-• ·-. •
0_,,, 6',:;,-½ . -~
OJ:p
x9J7.7
¼.J
• Llenotes found iron monument
0 LJenotes set .iron monument
xOOO.O Llenotes existing e.fep;
°A> <S-n «r6-~ Oc9
51' 2::>.:;:,~
51";:i-~~ .._ --/,p-
DEMARS-GABRIEL
Fiie No.
1WJ9 (BJ
I hereby certify that this survey plan or report -,,as prepared by me
or under my direct supervision and that I am a duly Registered Land
Surveyor under the Jaws of the State o/ Minnesota. ,--=8c-0 -0 -c-k--P-=--ag-e--1I LAND SURVEYORS, INC.
3030 Harbor Lane No.
Plymouth, JIN 55447
Pbone:(763) 559-0908
Fu: :(763) 559-04 79
As surveyed by me this 6th day of June, 2003. 4J 0-25
~-~
Davjd E. Crook M.b:w.. Reg. No. 22414
416-6
Saale
1 '=20'
ftue IA/tr:;/..,e ,es-1l.2'
ffe.€ &.fLe,;J.,re [Juk-tz.1/
~ -,2
& \J
"~-~,
O,' ,·
I
I
\
' ---
.-,gi]
929-"
I
I
9,'
~ >-;
~ ~ ~ ~ 1:::
Si ~ ~ ~ <l.> o;
-~ .& ~ ~ ~ ~
~!
.ctr~
"'1 ~
"):;
~
<b
§ ",
HP l'lTJCOVER CALCULATION WORKsr·-,.,Er EXHIBITD
500-1000' SETBACK ZONE: (CIRCLE'--,E) 0-75' •. ~ .,,,~J-500'
EXISTING HARDCOVER IN ZONE
A. House-
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE -
TOTAL PROPERTY AREA IN ZONE
A L/1oog.l/'5 B
PROPOSED HARDCOVER IN ZONE
A. House
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
Or Fabric
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Width
Width
TOTAL HARDCOVER IN ZONE -
TOTAL PROPERTY AREA IN ZONE
A IJ:J~1fJJ«g, l/t;; B 'l(1 'ZS 7. 1t
;;
24
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
=
-------'S.F.
_____ S.F.
_____ S.F.
_____ S.F.
h,;·i::t. -7 _·;;;...~"'-'---u_. __ S.F.
_____ S.F.
_____ S.F.
_____ S.F.~
t:"' 3/' ___-: ? · S.F.
Z51, 7.5 ---s:r.-
110, DD --
_____ S.F.
_____ S.F.
_____ S.F.
______ S.F.
_____ S.F.
______ S.F.
______ S.F.
_____ S.F.
_____ S.F.
_____ S.F.
_____ S.F.
_____ S.F.
53 /. ---;
~5o/. 75 S.F.
______ S.F.
_____ S.F.
S.F. ------
_____ S.F.
?/ t/Z-15 1-F. A
1>1-S7;'<Z S.F. B
x 100 = L/:{?O • %
~
E--;
'"'" ~
~
>:
I
C£.RJYJi7CA7E OF Sl/BPEY -PB£PAl?£lJ .RJ.lz.
;,=, ).
Nr. Jon A. Nent.h ~ ?947.8 f \ /
I~~~ ------~
N
j
..lega/ ./Jescr.iption
-~ ~
~~
Tract H, .Registered Land Survey Ho. 46./ vO .
.&:istiag Hardcover (0'-75}: 0%
Parcel Area
(in zone) = 6,8.982 sq. ft.
Cx.istiag Hardcover (75'--250}:
House = .I, .958. 4 sq. ft.
Blacktop = 6.18 7 sq. ft.
Concrete = 5S.l. 6 sq. ft.
J'otal = S,./08. 7 sq. ft.
Parcel Area
(in zone) = 8,257.8 sq. ft.
Hardcover = O.S7 (S?.6%)
J'otal Parcel Area = .!5,.156 Sq. Ft.
Proposed HardcoPc?r (75'--250}:
House = .I, .958. 4 sq. ft.
lJeck = 2.l.9. 6 sq. ft.
Blacktop = 6.18? sq. ft.
Concrete = 2.l.9. 6 sq. ft.
J'otal = 3, 0.16. S sq. ft.
Parcel Area
(in zone) = 8,257. 8 sq. ft.
Proposed Hardcomr = O.S65 (36.5%)
7/0!I/OS
tj /4~46.2 -~
\.) / ~ !' ~\$
/ ~
I
I !'
"'"' "'"'
I "
/~<?,,,"
I ~~-<.:> 945.5.x-• . ~-:;:_ f
I ~ .. -
~S'~"°?g
•
0
xOOO.O
<9&~.
~
lJenotes found iron monument
lJenotes set iron monument
lJenotes existing elev.
DEMARS-GABRIEL
I hereby certify that th.is survey plB.D or report was prepared by me
or under my direct supervi.sion and that I am a duly Registered Land
Fi;e No.
11819 (B)
LA.ND SURVEYORS, INC.
3030 Harbor Lane No.
Plymouth, JIN 55447
Phone:(763) 559-0908
Fa:r :(763} 5/59-0479
Surveyor under the Jaws of the State of Minnesota. /--:::--.,-.,,..---1 Boo'k-Page
410-25
418-8
As surveyed by me this 6th day of June, 2003.
JlQ(.~
David E. Crook Minn. Reg. No. 22414
Scale
1'=20'
-.,,. ✓,s<..?
... ,,,.6-st".. · Oc:9
I
<l:. B'<.90 ✓o ~er~ t?.%{6JJ
/ -4>
/fue Ltt~sh,-e res-1l.2
1
ffv€ l,.f;.e-,/~ [}vfe -tzJ/
I " /I~ I Sl-1-balt,
I
¼-J
7 ~
df~v
-,....so-:---_
STAtRtk,L ~
&. 4iocVfD
;';
-fJ
& ,'3
\,-~-zy
I
I
I
\ ---
~ ~ ' ~
fl:J ~ ~ ~ s: i;J ~ ~ Q.) C>i
.~ -~ ~ § ~
2:'.;>~
'st"p.~~ -----~:§
~ ~ ~
t' '-'i
'b
§
".;
u
L
.t-
"---
-1'._;:
---r._;,.
EXHIBITF l
l
t
i
i
l
I
i
f
f
' I
i
l
i
i
t
I
l
! ;
I
l
I
I
I
l
l
l
\
I
l
I
I
\
I
l
\ ·---
' l •
: ••• ~ I
:l .. . .
t0
l
L__ ----------;
-
1, ,l''f . I [: • ' I
. j_ uu ! ' I: l i I
I= 1::-~t) 1-1 • _J :
l
I
~
' '
I -,r l , j~~ --·~ -·---~1 ; ~--+ ·-·F'
I=---·t-, l ,· . .. .., ' ;t_... -===t.~
! =-:r=:
I d--·-----f--· l r~ •·· ----,,..
. ·-:;i
I I : !
! i
i
I i
" ' ,,
r._
0
L:= U'1
:c,J\,
L
~-· ( o_
·.,, ...
~-~:.'::4••~,
/~ -,
~ ..... ~
•\L
~-..:..,
------=-~-f~! ··®
l_ __ __
,-r--..._
~------------:>_-;-.-•4~)
/
(
·, ·>·.
---\
-~ --------------··
---, ___ · ... -·· ---.... "
·--•· ':,_ '>
,::.w~
----=::.:...~~ ~--------..-:-----' .·
'·
~, ;· '--'
··•-" I
I
i-~ i'-.J\ --,.,
~i
I
I
I ;,
' -,.,,.~" -··----··--
\C-o
I
:2 ... ~-•·-:. ir_,t_f~(.1.,.r-~-~~,'
' '
"\ '} / fht ,-v7
J,
'
-~I\,,.., I t t •< ./ !
u:jf":'..._1
'.i' --
,..
~ ,..
(II
(II
(II
0
I
DIMENSIONS 1::6. ± ±=-:::& STY HT
• • v, vD \\ 7 J3 3 , cicn ':/ ADDRESS ol '730 \,, ,.q sco I v1 1 1xl,:
' ) -YtL
CITY# -_.,_,~ Pin;:)
30 X 3(J
7 x I@
fl& X ~
I = ~ ....
~ ....
~
~
a~
I---~k -
' \) t<.
cl<.o Gfal . i 1a
-,-,--
I '6
1/3
_3_
/. -~ )
'~
7
(, I
f
X
X
X
X
X
X
X --
TYPE
G,L\>/~_
PORCHES
I I X ,a -
X
X --
DECKS
~ JCt2 x_f.si.
X
X --
GARAGES
8Ic C>(CI '1:1._x cid.
X
X
X --
OTHER BUILDINGS
RENTALS· SALES X
DATE CONSIDERATION RENTS X
X
X ---
COMMENTS
BUILDING PERMITS
DATE !NUMBER TYPE AMOUNT
t----+---+-----+----IDATE
Q. FT.
QO
~fu
Lael
15"& .
4~ t./
RUN DATE: 8/19/2003 ....
E-;
...i 38 2011723310028
pifi, ADDR 2910 CASCO POINT RD
O~ER NAME PHILLIP & BETTY NICCUM
T~PAYER PHILLIPJNICCUM
NAME/ADDR 2910 CASCO PT RD
WAYZATAMN 55391
38 201 I 7233 I 0034
PROP ADDR 2930 CASCO POINT RD
OWNER NAME JONATHAN A MENTH SUBJ/LE
TAXPAYER JONATHAN A MENTH
NAME/ADDR 25640 SUNNYVALE LANE
EXCELSIOR MN 55331
38 2011723310047
PROP ADDR 2941 CASCO POINT RD
OWNER NAME CO MIDTHUN & KA MIDTHUN
TAXPAYER
NAME/ADDR
CURTIS & KATHLEEN MIDTHUN
2941 CASCO POINT RD
WAYZATAMN 55391
38 2011723310073
PROP ADDR 2918 CASCO POINT RD
OWNER NAME TH MATTHEWS & M T MATTHEWS
TAXPAYER TRACIH &MICHAEL TMATTHEWS
NAME/ADDR 2918 CASCO POINT RD
·,.
WAYZATA MN 55391
·"
.'/ ,.. .. ,, l..-~/··-:, .~:.: c_.J., . J: 7:r-:>_J
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723310032
PROP ADDR 2916 CASCO POINT RD
OWNER NAME ROBERT H POWELL JR ETAL
TAXPAYER ROBERT H POWELLJR
NAME/ADDR 2916 CASCO POINT ROAD
WAYZATA MN 55391
38 2011723310035
PROP ADDR 2940 CASCO POINT RD
OWNER NAME SC & L M HANSON
TAXPAYER SCOTT C & LYNETTE M HANSON
NAME/ADDR 2940 CASCO POINT RD
WAYZATAMN 55391
38 2011723310048
PROP ADDR 2933 CASCO POINT RD
OWNER NAME AUDREY A GALLISTEL
TAXPAYER
NAME/ADDR
AUDREY GALLISTEL
2933 CASCO POINT RD
WAYZATAMN 55391
38 2011723420006
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME HENNEPIN FORFEITED LAND
TAXPAYER HENNEPIN FORFEITED LAND
NAME/ADDR NOT FOR SALE/UNDER WATER IN
LAKEMTKA
38 20117233 I 0033
PROP ADDR 2920 CASCO POINT RD
OWNER NAME P R & F D PICHELMAN
TAXPAYER FRANK D PICH ELMAN
NAME/ADDR 2920 CASCO POINT RD
WAYZATAMN 55391
38 2011723310036
PROP ADDR 2948 CASCO POINT RD
OWNER NAME PAUL F JOHNCOX
TAXPAYER PAUL F JOHNCOX
NAME/ADDR 2948 CASCO POINT RD
WAYZATAMN 55391
38 2011723310072
PROP ADDR 2912 CASCO POINT RD
OWNER NAME M D BARRETT & D M BARRETT
TAXPAYER
NAME/ADDR
MICHAEL D BARRETT
2912 CASCO POINT RD
WAYZATA MN 55391
I CERTIFYTHATTHE FACTS REPRESENrED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATEONTHE RECORDS
OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO TH~
OFMYKNOWLEOOEANDBELIEF.0 ATE tf-/'1-v3, BY ~/\
-7
·1
-·!l
PAGE: 1
Hennepi ,_ ounty _ ...... ,·\~';>2,;
payer Se~i, e$ Department!"{
Parcel lnforma'tion
, ~ ·,\~j;:~ ~Y .
. arcel ID 2011723310034
··-~ 311 . .-(~'"t<l;~"li,ii
use Number:'2930
· ,;,z,;.~~1J
1 ,, ,,
, '
' ' ' ''° "" ,c,;
~~
' ' ' ' '
Street Name CASCO POINT RD
B
(6)
This . 'ltegal/y recorded map. It reprJ! · compilation of information .:
and<:J_?_aJiom City, County, and State roadaq. ·orities and other sources.·· /' ·
• ..t··-:!J,~t:'."F "';.• ,,'-,,.:,'"
,'~
I~ 1
/" (34) ,
1
(1)
CITY of ORONO
August 28, 2003
Jon Menth
2930 Casco Point RD
Wayzata, MN 55391
Street Address:
2750 Kelley Parkway
Orono, MN 55356
SUBJECT: Zoning Application #03-2944
Municipal Offices
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 a hardcover variance for property located at 2930 Casco Point RD. Our preliminary
review indicates that your application is complete.
Your application is scheduled to appear before the Planning Commission on Monday, September 15,
2003. The meeting begins at 6:00 p.m. Please make sure that you or your representative is available
to attend the meeting. You will be mailed a staff report regarding your application prior to the
meeting date.
Please call me at (952) 249-4623 should you have any questions.
Sincerely,
City of Oron?
~ Lh,,L.
anice Waataja -~ -Q'-'
City Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
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 #03-2944, as mailed to the attached list of
property owners.
ln Witness Whereof, I have hereunto s~: September, 2003.
Denise M. Leskirien
CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold public hearings in the Orono Council Chambers at 2780 Kelley
Parkway on Monday, September 15, 2003, beginning at 6:00 p.m. on the matter of reviewing the
following land use applications:
1. #03-2917
2. #03-2928
3. #03-2929
4. #03-2934
5. #03-2935
6. #03-2938
7. #03-2939
8. #03-2940
Winfield and Nancy Stephens, 350 Crestview Avenue, LR-lA zoning
district, request a variance to permit additions to the existing residence
constituting additional structure within 75' of Stubbs Bay Creek where
structure or hardcover are normally not allowed; constituting hardcover
within the 75'-250' zone in excess of the 25% normally allowed;
requesting a front setback of 30' where a 50' front setback is normally
required, a side setback of 1 O' where a 30' setback is normally required,
and a rear setback of 30' where a 50' setback is normally required.
Michael R. Mischke, 1972 Shadywood Road, LR-lC zoning district,
requests hardcover, side setback and rear yard setback variances for
construction of an attached 2-stall garage and additional living space.
Jeff Martineau, 2565 North Shore Drive, LR-lA zoning district, requests a
Conditional Use Permit for plumbing in an accessory buildtng and a
hardcover variance in the 75-250'zone.
Jason Bliss, owner of 3445 Crystal Bay Road, LR-lC zoning district,
requests vanances to iot area, lot width, structure setbacks, and hardcover to
allow construction of a new residence on the property.
Scott and Kara Hutton, 1835 Sbadywood Road, LR-lC zoning district,
request a hardcover variance to allow a 10' x 12' shed in the 0-75' shoreline
setback, replace an existing deck and add a stairway.
Sandra S. Larson, 540 Orono Orchard Road South, R..R-lB zoning district,
request rear and side yard setback variances to enclose a 10' x 28' walkway
which would result in a 282 square foot addition to the existing home.
Pete and Maxine Thorkelson, 440 Big Island, RS zoning district, request a
conditional use permit to run utilities across right-of-way, underground, to
construct a new septic system within a non-contiguous parcel.
Scot and Lissa Harvey, 1199 Elmwood Avenue, LR-lB zoning district,
request hardcover and lake setback variances to reconstruct a deck 24 square
feet larger than the existing on the lake side of the home and ,to move the
stairway to a different location. , ·
9. #03-2941
10. #03-2942
11. #03-2943
12. #03-2944
13. #03-2946
14. #03-2947
15. #03-2948
16. #03-2949
Paul Cady, 465 · Turnham Road, RR-lA zoning district, request a
conditional 11se permit to construct a pool on a through lot.
George and Marilyn Mileusnic, 3243 Casco Circle, LR-1 C zoning district,
request a conditional use permit and hardcover variance for grading/land
alternation/retaining wall in the 0-75' lake setback zone.
Robert and Janet Labalt, 3202 North Shore ))rive, LR-lB zoning district,
request a hardcover variance to construct a 968 square foot addition to the
home.
Jonathan Menth, 2930 Casco Point Road, LR-lC zoning district, request
hardcover variances to reconstruct and existing deck in the same location
while moving the stairway within the existing footprint of the deck to reduce
hardcover.
Clifford L. Otten, 2350 West Wayzata Boulevard, B-6 PUD zoning district,
request a conditional use permit to amend Planned Unit Development No ; 1
to allow construction of additional enclosed greenhouse space on the
property.
Dean B. Patterson, 1205 Shoreline Drive, LR-lA zoning district, request a
side yard and hardcover variance to convert the existing garage into living
space and to construct a new 4-stall garage, 28' x 40', to the existing home.
The n~w garage will not encroach any further than the existing 1,1.~me.
WJM Properties, LLC, 2605 West Wayzata Boulevard, Industrial zo ning
district, request renewal and extension of a conditional use permit granted via
Resolution Ne. ~845 in August 2002 allowing use 01 Li1e property ior a
wholesale automobile distribution facility, auto repairs, parts warehouse, and
fleet sales and leasing.
Doug Olson and Barb Bowers, 2601 West Lafayette Road,LR-lB zoning
district, request a average lakeshore setback variance to add a second story
addition above the existing garage.
All persons wishing to be heard are encouraged to attend this meeting. Written comments are
accepted and should be submitted to the City of Orono by September 8, 2003. Plans are available for
review in the City Offices. For an appointment, please call (952) 249-4600.
City of Orono
By: Planning Commis ·
~~~
Mike Gaffr
2
To be published the week of August 30; 2003
Posted at: Orono City Offices ·
Crystal Bay Post Office
Long Lake Post Office
Navarre Post Office
3
RUN DATE: 8/19/2003
38 2011723310028
PROP ADDR 2910 CASCO POINT RD
OWNER NAME PHILLIP & BETTY NICCUM
TAXPAYER PHILLIP J NICCUM
NAME/ADDR 2910 CASCO PT RD
WAYZATA MN 55391
38 2011723310034
PROP ADDR 2930 CASCO POINT RD
OWNER NAME JONATHAN A MENTH SUBJ/LE
TAXPAYER JONATHANAMENTH
NAME/ADDR 25640 SUNNYVALE LANE
EXCELSIOR MN 55331
38 2011723310047
PROP ADDR 2941 CASCO POINT RD
OWNER NAME CO MIDTHUN & KA MIDTHUN
TAXPAYER CURTIS & KATHLEEN MIDTHUN
NAME/ADDR 2941 CASCO POINT RD
WAYZATAMN 55391
38 2011723310073
PROP ADDR 2918 CASCO POINT RD
OWNER NAME TH MATTHEWS & M T MATTHEWS
TAXPAYER TRACI H & MICHAEL T MATTHEWS
NAME/ADDR 2918 CASCO POINT RD
WAYZATA MN 55391
'·
ft T/
c:;';:_ ;·,::
CJ.:./ ..
I
~ r-• .... J
I .
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PAGE: I
PROPERTY OWNERS LIST
38 2011723310032 38 2011723310033
PROP ADDR 2916 CASCO POINT RD
OWNER NAME ROBERT H POWELL JR ETAL
TAXPAYER ROBERT H POWELLJR
NAME/ADDR 2916 CASCO POINT ROAD
WAYZATAMN 55391
38 2011723310035
PROP ADDR 2940 CASCO POINT RD
OWNER NAME SC & L M HANSON
TAXPAYER SCOTT C & LYNETTE M HANSON
NAME/ADDR 2940 CASCO POINT RD
WAYZATAMN 55391
38 2011723310048
PROP ADDR 2933 CASCO POINT RD
OWNER NAME AUDREY A GALLISTEL
TAXPAYER AUDREY GALLISTEL
NAME/ADDR 2933 CASCO POINT RD
WAYZATAMN 55391
38 201 l 723420006
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME HENNEPIN FORFEITED LAND
TAXPAYER HENNEPIN FORFEITED LAND
NAME/ ADDR NOT FOR SALE/UNDERWATER 1N
LAKEMTKA
PROP ADDR 2920 CASCO POINT RD
OWNER NAME P R & FD PICHELMAN
TAXPAYER
NAME/AD DR
FRANK D PICHELMAN
2920 CASCO POINT RD
WAYZATAMN 55391
38 2011723310036
PROP ADDR 2948 CASCO POINT RD
OWNER NAME PAUL F JOHNCOX
TAXPAYER PAULFJOHNCOX
NAME/ADDR 2948 CASCO POINT RD
WAYZATAMN 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
WAYZATAMN 55391
I CERTIFY THAT THE FACTS REPRESENfED ARE AN ACCURATE AND
TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT, TO TH~BEST
OFMYKNOWLEOOEANDBELIEF. Q_/a .""2 ~-/}
DATE o ,--o~ BY ~,/ -"'-"-'-------...__ ______ _
/ \
CITY OF ORONO
.... · 2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (952) 249-4600
Fax (952)24~616
liQ]]kE _·_
stairway to a different location .
9. #03-2941 Paul Cady, 465
Turnham Road, RR-1A zoning district, ·
"req·uest a conditional use permit to con-.
· sfruct a pool on a through lot.
.· · : .-The Planning Commfssi6n will hold . · · ·· 10. #03-2942 George and Marilyn
public hearings in the Orono Council Mileusnic, 3243 Casco Circle, LR-1C ; ·
1 Chambers at 2780 'Kelley Parkway on · zoning district, request a conditional use
Monday, Septembe r 15, 2003, beginning permit and hardcover variance for grad-
at 6:00 p.m. on the matter of reviewing the ing/land al\ernation/retaini ng wall in the 0-
following land use applications : 75' lake setback zone. ·
1. #03 -2917 _Winfield and Nancy
-Stephens, 350 Crestview Avenue, LR-
1 A zoning district, request a variance to
permit additions to the existing residence
consti)Uting additional structure within 75'
. of Stubbs Bay Creek where structure or
11. #03-2943 Robert and Janet
Labatt, 3202 North Shore Drive, LR-tB
zoning district, requ est a hardcover vari
an·ce to construct a 968 square foot addi
tion to _the home .
hardcover are normally ·not allowed ; con-. 12. #03-2944 Jonathan Menth , 2930
stituting hardcover within the 75'-250' Casco Point Road , LR-IC zoning district, .
zone in excess of the · 25% normally request hardcover variances to recon-
allowed; requesting a front setback of 30' struct and.existing deck in the same loca-
where a 50 ' front setback is normally lion while movi ng the stairway within the
required , a side setback of 1 O' where a 30' exis,ting footprint of the deck to reduce
· setback is normally required, and a rear ha'r'dcover. ·
:, _setback of 30' where a 50' setback is nor---,,.:,-'~{A , . . .
• . m_ally required . . \.,. ~ ··" . .-: 13. #03-2946 Clifford L. Otten , 2350 ,
.'', ., , , , WesfWayzata Boulevard, 8-6 PUD zon-· ·1
<i''.~: ·2. #03-2928 Michael, R. Mischke, , ; ing distr:ct, request a conditional use per-·.;
·. 1972 Shadywood Rosa; LR-IC zoning mit 10· amend Planned Unit Development
: ·. district, requests hardcover, side setback ' No, ,:i to allow construction of additional J
; -and rear yard setback variances for con-· enclosed greenhouse space on the prop: . '-'
~-struction of an attached ~stall garage and erty.!,~ ;·~:
: .. !idditional living space:,;:1•· ,,, :-.. ·• · . • " '·' -:
~--.c, ,. . . . -. .. . ---~11;4, -,#03-2947 Deari B. Patterson,,
~:",;;·_. ·: 3. #03-2929 Jeff : l\,lartinea~, 2565 · 1205_ Shoreline Drive, LR-1 A zoning dis-.
,North .-Shore Drlve,:Lf:!.-1A zoning dis-. tri_c!, request a side yard and hardcover
.>-trict, requests a Conditional Use Perm it variance to convert th e existing garag e :
i
,,,Jo~ plumbing in an accessory building and into living space and to construct a new 4-
;,_ ·;-~ardcover varianc~-'.~t::s,-2so·zone . ~~~e~~;~e~e~\:ra~~••w)~ n:ee:;:~~~~ '. .. j
-·-:: :~·.4. #03-2934 Jason Bliss, owner of -~ny_J~~her_than th~ existing home . · ,, 1
_,-:3445· Crystal Bay Roacl ,''LR-tC zoning '· .: ~ .... ,_. -· . _.
:, district, requests varianc~s.,tQ lot area, lot . . ··'"-.1~-#03-2948 WJM Properties, LLC,
, · widtti, structure setbacks,-and hardcover 2605 · West Wayzata Boulevard ,
1 to allow construction of .a new residence Industrial zoning district, request renewal . •l !,;·~~~ :'!'e property. . ,., ..•.. )<: ~-, _ . ·. and;eicte nsion of a conditional use permit . I
·s. #03-2935 Scott and. Kara Hutton ,
1835 Shadywood .Road, LR-IC zoning
district, request a hardcover variance to
,_'. allow a 1 O' x 12' shed In the 0-75' shore-_
line setback, replace an existing deck and
· · add a stairway. ·· ·
6. #03-2938 Sandra S. ·Larson , 540
Orono Orchard Road South, RR-tB
zoning district, request rear and side yard
setback variances to enclose a 1 O' x 28'
walkway which would result in a 282
square foot addition to the existing home .
·7 _ #03-2939 Pete and Maxi ne
, Thorkelson , 440 Big Island, RS zoning
district, request a conditional use permit
to run utilities across right-of-way, under
ground, to construct a new septic system
within a non-contiguous parcel..
. 8. #03-2940 Scot and Lissa Harvey,
·1199 _ Elmwood Avenue, t.R-18 zoning
district, request hardcover and lake set-
granieil _yia Resolution No. 4845 in August
2002 · allowinn ,,.,. nf th <, ;:,roparty :or a
wholesale automobile distribution facility,
auto repairs , parts warehouse, and fleet
sales·a~d leasing . :·.
' Jt ·#03-2949 Doug Olson and Barb
Bowers , 2601 West Lafayette Road, LR-
1 B zoning district, request a average
lakeshore setback variance to add a sec-.
· and story addition above the existing
garage .·-.
All persons wishing to be heard are
encouraged to attend this meeting.
Written comments are accepted and
should be submitted to the City of Orono
by September 8, 2003. Plans are avail
able for review in the City Offices . For an
appointment, please call (952) 249-4600 .
· City of Orono
By : Planning Commission
Mike Gaffron , Planning Director
back variances to reconstruct a deck 24 _____ _
square feet larger than the existing on the (Published in The Laker and Pioneer
lake side of the home and tq move the Aug. 30, 2_003)
Affidavl't of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER, Mound, Minnesota, and has full
knowledge of the facts which are stated below:
A .) The newspaper has compli~? w~th all the
requirements constituting qual1f1cat1o_ns as a
qualified newspaper, as provided by Mmn_esota
Statute 331A.02, 331A.07, and other applicable
laws, as amended.
8 .) The printed _.:!:'L~a~n~d~U'..!::s'...=e:--=I:...::t~ec::m=sc__. __
which is attached was cut from the colum~s of
said newspaper, and was printed and publishe d
once each week for 1 successive weeks .
It was first published Saturday -
the 30 day of August 2003 ,.
and was thereafter printed and published
every Saturday, to and including Saturday,
the day of _______ 200 3; -#tliL
Authorized Age nt
Suscribed and sworn to me on this
__3_Q_ day ~c.../-1~A
0
...:.:u.f-g...:.:u-=-s-=-t ____ , 2003.
sy ✓foot fk&u
Notary Public
KRISTI HOLM
NOT ARY PUBLIC -MINNESOTA
My Commission Expires Jan. 31, 2005
Rate Information
(1) Lowest classified rate paid by com_mercial users
for comparable space: $15 .50 per inch .
(2) Maximum rate allowed by law for above matter : $1 ?.50.
(3) Rate actually charged for abov_e matter : $7 .96 per inch .
Each additional successive week: $5.79 .
TRACKING SHEET
FILE NO. 03-l944
Staff: J {ljijJ}!
SITE ADDRESS: 2930 Casco Point Rd.
Applicant: Jon Menth Owner: Jon Menth
Address: 2930 Casco Point Rd. Address: 2930 Casco Point Rd.
Wayzata, MN 55391 Wayzata, MN 55391
0 Meeting with Staff
0 Application Completed Date: <t,}t'6 ) D ?J
□ Incomplete Notice Sent Date: ______ _
Copy of Application Sent to:
__ Engineer _ County DNR MCWD LMCD
D Property Owners Notified: Date: q / f:; J D 'Q
Legal Notice Published
PC Meeting(s):
Vote: -------------------
Vote: -------------------
_____________ Vote: _____ _
_____________ Vote:. _____ _
D Resolution:
CITY OF ORONO -VARIANCE APPLICATION
Initial Application Fee $250.00
($50.00 per each additional variance)
Renewal Variance Fee $150.00
(no change from original application)
Variance for non-conforming . structures $250.00
After-the-Fact Fees (Double application fee)
PROPERTY INFORMATION
Site Address 2 / 3 0 (;a,5 ~ 6 /-7"". /< cl.
Application # 0 S -~4L{
Date Received S-:-IS -03
Amount Paid '1' o: s;J?\ o o
Property Identification Number (P.I.D.} ;2.CJ / 17 2. '3 3 1 oo J'L-/
Attach legal description to application if not included on required survey.
Date Pe, Acquired .4v9//5r-/7'9' / (month/year)
I (do) ( do no also own the adjacent parcels of land.
Presen of property: /residential __ other (specify) _________ _
Zoning District: __________________________ _
APPLICANT (L: \-<-. EStu.--~
Name /Y)C;VTII I VON'
Address : 2-9 .3cJ Cc;.? ~cJ P../-Al ,
O\-VNER (if different than applicant)
Name
City:
Phone (home) <7.5-2_ t.f 7 /.,,.. cJt./t L
Phone (work ? ('L 7 CJ 7 -7 Z.G '?
t}~IJ 'iJ zip: 2--:s-sv
z_
Phone ( ome) _______ _
----------------Phone (work) _______ _
Address: -------------City: ________ Zip: ___ _
DESCRIPTION OF REQUEST Estimated Construction Cost $ 56CJo ~
Desc · · etail: /<emc u~ ¥-(<e . /4oyt-J 1azrr5 rf-&le via/,
e ,Locer-tro,., Pf 5'fL J
( attach additional sheets if necessary)
VARIANCES REQUIRED
Lot Area
Setback: Front
Lot Width ~ardcover
Side Rear
__ Lot Coverage
Average Lakesho re
Other (specify) _______________________ _
HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS
Describe undue hardship or practical difficulty or unusual property conditions preventing .
compliance with Zoning Code requirements: ________________ _
\.
//
REQUIRED SUBMITT ALS
All of the following information must be submitted by the application deadline date in order
for your application to be considered complete:
1.
2.
3.
4.
5.
6.
7.
8.
Completed Application Form
Certified Property Owners List of owners within 150', labels and plat map (you must
obtain this list, labels and map from Hennepin County Department of Finance, A-603,
Govt Center, 348-5910).
Certificate of Survey (signed by a licensed surveyor) and include hardcover
calculations as required. In addition, provide one (1) copy 8½" x 11" for
reproduction.
Topographic survey (existing and proposed elevations) if any changes in existing grade
are proposed. fu addition, provide one (1) copy 8½" x 11" for reproduction.
Sketches or plans of floor & elevation views (provide one (1) copy 8½" x 11 ").
List of the legal names (include marital status) of all persons with an interest in the
property. This would include name(s) of applicant(s) if not current owner(s).
As an addendum to this application, please attach a separate list of any other persons
you wish notified of this application.
Additional items as may be requested by City staff.
The Applicant and Property Owner must sign this application. Please remember that your
variance application is not complete if the above information has not been included.
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or
consultant expenses incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/her knowledge.
Applicant's Signature ______________ _ Date ---------
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the pro~. b_y Ci1?' s~aff, co. nsul~ants, · .. agents, _Commission members, and Council
members for purp se n a 10n and venficat10n of this request.
I 'I r7f::"::.::::,-.---,-. __ . ~
/ . ✓p . ·~./ ., ) 7' -.?
Owner's Signature & Date ________ _
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are held on the third Monday of each month.
Applicants must be present at all scheduled review meetings of the Planning Commission and
Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to
have an authorized agent attend in your place and to advise the Building & Zoning Office of this
change prior to the meeting. ,.
7
Adjacent Property Owners' Acknowledgement Form
1 (we) 5eorr Ji;jl{ff~ ~ti of Z#o 4t;:co/btA!f fut.I>
[print name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
'],,'1)0 ~ fb1/(ffbtl>also referred to as Land Use Application No. ____ .
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I
(we) am (are) aware of the improvement plans and that the proposed neighbor's project or use
requ· s Council approval.
Dafu 1
z://4
Property Owner Date
******************************************************************************
I (we) &d/11~ sf-~41( f/c,,,,,ec-,n;;rv of Z<Jza QfsC<' ~/VZ: "/440
[print name( s)] [print address]
have reviewed the plans for the proposed improvement or proposed use of the property located at
Z4 .?0 ~ ~,.,.v &ti also referred to as Land Use Application No. ___ _
I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare
approval or disapproval of the property or use but merely to confirm for the City Council that I
(we)_ am_iare:}-~-ar~f the improvement plans and that the proposed neighbor's project or use
requrn(s Council· approva .
Property Owrier
//~ ~££~-~
ro e wner
7 Date·
Datl /
If you have any information that may assist the City in the review of this Land Use
Application, please submit your comments to the Building & Zoning Office at least 10 days prior
to the scheduled meeting date.
8
HAkJJCOVER CALCULATION WO~tlEET
SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500'
EXISTING HARDCOVER IN ZONE
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Other
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
Width
A
A
B
B
_____ X 100
_____ X 100
PROPOSED HARDCOVER IN ZONE
A. House ______ x
B. Garage
C. Driveway
D. Sidewalk
E. Patio/Deck
F. Landscape
Underlain
By Plastic
G. Other
A
Length
X
X
X
X
X
X
X
X
X
X
X
X
X
X
TOTAL HARDCOVER IN ZONE
TOTAL PROPERTY AREA IN ZONE
B
Width
X 100
500-1000'
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
S.F.
31.l S.F.
%
%
______ S.F.
______ S.F.
_____ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
_____ S.F.
_____ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
______ S.F.
-----~S.F. 3b5 ~F.
.,IUl
,t",c~;•;;: J ·.'i,-,yc;;,£c>1.c'.'''c·;'-",
ii"'
r/fi
A
B
A
B
36±
35±
Hennepin County
Taxpayer Services Department
2.3-
A
(4 tJ R LS
16 1.19
B -~ ,v.,.
(6) 4± -'f:
--,
,' .. -·· ,_ .. •·
_ .. -·
Parce/i Information
' ' '
,i' .arcel ID 2011723310034
~-•, I
use Number 2930
A
(5) '
' ' ' ' ' \~. //fl
,t0 ,9,·
'i~ ,,~
' ' ' ' ' ' ' ' '' ' '' ' " \,
Street Name CASCO POINT RD
This is not a legally recorded map . It represents a compilation of information
and data from City, County, and State road authorities and other sources .
'., :~
RUN DATE: 8/19/2003
38 2011723310028
PROP ADDR 2910 CASCO POINT RD
OWNER NAME PHILLIP & BETTY NICCUM
TAXPAYER PHILLIP J NICCUM
NAME/ADDR 2910 CASCO PT RD
WAYZATAMN 55391
38 2011723310034
PROP ADDR 2930 CASCO POINT RD
OWNER NAME JONA THAN A MENTH SUBJ/LE
TAXPAYER JONATHAN A MENTH
NAME/ ADDR 25640 SUNNYVALE LANE
EXCELSIOR MN 55331
38 2011723310047
PROP ADDR 2941 CASCO POINT RD
OWNER NAME CO MIDTHUN & KA MIDTHUN
TAXPAYER CURTIS & KATHLEEN MIDTHUN
NAME/ADDR 2941 CASCO POINT RD
WAYZATAMN 55391
38 2011723310073
PROP ADDR 2918 CASCO POINT RD
OWNER NAME TH MATTHEWS & MT MATTHEWS
TAXPAYER
NAME/ADDR
TRACI H & MICHAEL T MATTHEWS
2918 CASCO POINT RD
WAYZATAMN 55391
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 2011723310032
PROP ADDR 2916 CASCO POINT RD
OWNER NAME ROBERT H POWELL JR ETAL
TAXPAYER ROBERTHPOWELLJR
NAME/ADDR 2916 CASCO POINT ROAD
WAYZATAMN 55391
38 2011723310035
PROP ADDR 2940 CASCO POINT RD
OWNER NAME SC & L M HANSON
TAXPAYER SCOTT C & LYNETTE M HANSON
NAME/ADDR 2940 CASCO POINT RD
WAYZATAMN 55391
38 2011723310048
PROP ADDR 2933 CASCO POINT RD
OWNER NAME AUDREY A GALLISTEL
TAXPAYER AUDREY GALLISTEL
NAME/ADDR 2933 CASCO POINT RD
WAYZATAMN 55391
38 2011723420006
PROP ADDR 38 ADDRESS UNASSIGNED
OWNER NAME HENNEPIN FORFEITED LAND
TAXPAYER
NAME/ADDR
HENNEPIN FORFEITED LAND
NOT FOR SALE/UNDERWATER IN
LAKEMTKA
38 2011723310033
PROP ADDR 2920 CASCO POINT RD
OWNER NAME PR & FD PICHELMAN
TAXPAYER FRANK D PICHELMAN
NAME/ADDR 2920 CASCO POINT RD
WAYZATAMN 55391
38 2011723310036
PROP ADDR 2948 CASCO POINT RD
OWNER NAME PAUL F JOHNCOX
TAXPAYER PAULF JOHNCOX
NAME/ADDR 2948 CASCO POINT RD
WAYZATAMN 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
WAYZATAMN 55391
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 SERVICES DEPARTMENT, TO THE B~
OF MY KNOWLEDGE AND BELIEF.DATE Z)-l'f-u3, BY 9'~
/ \
PAGE: 1
DATA PRIVACY ADVISORY
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform
you that your request for a permit or license from the City of Orono or any of its departments may
require you to furnish certain private or confidential information. •
You are notified that:
1. The information you furnish will be used to determine your qualification for the permit
or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the permit or
license.
3. The information may be shared with other local, state or federal agencies to the extent
necessary to process the permit or license.
4 . If your requested permit or license requires Council action to approve, some information
may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private data on
yourself.
6. Your full name is required to process this application or permit.
\ kA/ £2 /J1 £A/Tt/ "first Middle Last
Address
State Zip 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 th_e nature of the
disagreement. The responsible authority shall within 30 days either: (a) corre¢t the data found
to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete
IO
I
C&?77ffCA7'..i' OF SURVEY -PREP.AB.El) RJfr
Ur. Jon A. Uent/J
£eg11./ Oescript.ioo
'° <o
. .
~ ~-
·~ I
Tract H, J?egi.stered .land Survey Ho. 461 ~~. ~ c~ \;
.Existing Hardcover (0'-75}: 0%
Pa.reel Area
(in zone) = 6,898.2 sq. .ft.
.Existing Hardco-ve.r (75'-250}
House = .I, 958. 4 sq. .ft.
Blacktop = 6.18. 7 sq. .ft.
Concrete = 53.l. 6 sq. .ft.
:Total = 3,.108. 7 sq. .ft.
Parcel Area
(in zone) = 8,257.8 sq. .ft
Hardcover= 037 (37.6%)
:Total Pa.reel Area = ./5,.156 Sq. Ft.
Proposed Hardcover (75'-250}:
House = .I, fl58. 4 sq. .ft.
.!Jeck -2.1 .9. 6 sq. .ft
Blacktop -6.18. 7 sq. .ft
Concrete = 2.1.9. 6 sq. ft.
:ToUtl = 3, 0.16. 3 sq. ft.
Parcel Area
(in zone) = 8,257.8 sq. .ft.
Proposed Hardcover= 0365 (36.5%)
7/0!1/fJS
·/ 4 ~> ,
~<, / r,Q; •j /
• rt,YJ
g,r6.4X . J
94
• .Oenotes .found iron monument
0 .Oenotes set iron monument
xOOO. 0 .Oenotes existing elev.
1-------------,----------------------------··---FBe No.
DEMARS-GABRIEL
LAND SURVEYORS. INC.
3030 Harbor Lane No.
Plymouth. MN 55447
Phone:(763) 559-0908
Fax :(763) 559-0479
I hereby certify that this survey plan or report was prepared by me
or under my direct supervision and that I am a duly Registered Land 1 H/19 (B)
Surveyor under the la.ws of the State of Minnesota.. 1---------11
Book-Pa.ge
As surveyed by me this 6th day of June, 2003. 410 _25
David E. Crook Minn. Reg. No. 22414
416-6
Scale
1"=20'
\
x9J7.7
~ ~ ~
I
I
~ ~ ' ~ ~ ':::.
~ '.::::
~
S)) ~
/J ~ -~ ·~ -.-:::
~ ~
~
~ ~ ~
'-.J
~ ~ ~ ~-~
Q.i
§
:5